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HomeMy WebLinkAboutReso 99-147RESOLUTION NO.99- 1 Lf + AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR COMPLETION OF THE DESIGN OF A DRAINAGE IMPROVEMENT PROJECT LOCATED BETWEEN 183an STREET AND 174" STREET AND NORTH BAY ROAD; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and the County entered into a Stormwater Utility Interlocal Agreement (the "Agreement") whereby the County agreed to continue to act as the City's stormwater utility in accordance with Resolution No. 98-102 dated December 17,1998 until such time as the City chose to opt out of the Countywide system and create its own stormwater utility; and WHEREAS, by Resolution No. 99-144 adopted on June 17, 1999, the City has notified the County that the City in accordance with County Ordinance No. 91-66 wished to opt out of the Countywide Stormwater Utility and create its own; and WHEREAS, one item remains to be completed by the County in accordance with the aforementioned Agreement and that is the completion of the drainage proj ect engineering plans for North Bay Road between 183`d Street andl74 h Street; and WHEREAS, the County acknowledges it has been paid for and remains bound to complete those plans on behalf of the City and therefore the City and County wish to enter into an agreement for that specific scope of services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. A�nroval of Agreement. The Interlocal Agreement between the City and County or the completion of the design of a drainage improvement proj ect as specified therein and attached as Exhibit "A" be and the same is hereby approved. Section 2. Execution of Agreement. The City Manager is hereby authorized to execute said Agreement. Interlocal Extension Agreement Res. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. PASSED AND ADOPTED this 15' day of JAlk, 1999. ATTEST: Richard E. Brown-Morrilla, City Clerk F.1199 01i/1117_`.K63019u D LEGAL SUFFICIENCY L M. Dannheisser, City Attorney Vote: tt -o Mayor Samson 1/ (Yes) Vice Mayor Turetsky (Yes) Commissioner Iglesias P"(Yes) Commissioner Kauffinan (Yes) Commissioner Morrow (Yes) Interlocal Extension Agreement Res. Samson, Mayor Moved by: Seconded by: C,�w (No) (No) (No) (No) Exhibit "A" DRAFT AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND MIAMI- DADE COUNTY FOR THE COMPLETION OF THE DESIGN OF A DRAINAGE DAPROVEMENT PROJECT WITHIN THE CITY OF SUNNY ISLES BEACH T141S INTERLOCAL AGREEMENT, [hereinafter the "Agreement"] by and between the Miami -Dade County, a political subdivision of the State of Florida through its governing body, the Board of County Commissioners of Miami -Dade County, Florida [hereinafter sometimes referred to as "COUNTY"], and the City of Sunny Isles Beach, Florida [hereinafter sometimes referred to as "CITY"], is entered into this day of 1999. WITNESSETH WHEREAS, an existing Agreement between the CITY and the Miami -Dade County Stormwater Utility will expire September 30, 1999; and WHEREAS, the CITY has requested to opt out of the Miami -Dade County Stormwater Utility for the purposes of creating a CITY utility, effective October 1, 1999; WHEREAS, the Miami -Dade County Stormwater Utility and the CITY's proposed stormwater utility cannot simultaneously govern the same jurisdiction; WHEREAS, notwithstanding the CITY's request to opt out it is the intent of the COUNTY, through this agreement to complete the design of the on -going drainage improvement project, (hereinafter referred to as the "Project" l hereinafter described in ARTICLE IV COUNTY RESPONSIBI[.ITTES, A, herein; WHEREAS, the cost for completion of the on -going design of the drainage improvement project will be at no additional cost to the CITY; WHEREAS, the completion of the design for the drainage improvement project will be within twelve months from the execution of this Agreement; and WHEREAS, both parties agree that this drainage improvement project design is needed by the CITY and will be completed by the COUNTY. Now, therefore, in consideration of the mutual promises and covenants contained herein and the mutual benefits to be derived from this Agreement, the parties hereto agree as follows: Pagc 1 of 10 ARTICLE I PURPOSES The COUNTY and the CITY enter into this Agreement to further the following purposes: (1) To protect and promote the public health, safety, and welfare through the management of stormwater run-off, (2) To maintain and improve water quality and preserve and enhance the environmental quality of the receiving waters; (3) To control flooding that results from rainfall events; (4) To deter the disruption of the habitat of aquatic plants and animals; (5) To promote intergovernmental cooperation in effectively and efficiently managing stormwater run-off, (7) To complete the drainage improvement project design to enhance the stormwater management. ARTICLE II DEFINITIONS Ag—reemen shall mean this document, including any written amendments hereto, the attachments, and other written documents which are expressly incorporated herein by reference. Force MgLe e shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement, and which, by the exercise of due diligence, such parties shall not have been able to avoid. Such acts or events DO NOT INCLUDE inclement weather (except as noted above) or the acts or omissions of subcontractors, third -party contractors, material men, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. Stormwater System shall mean a stormwater management system identified on the maps indicated in Attachment A, including publicly -owned retention, detention, and exfiltration facilities. Pagc 2 of 10 Project Manager shall mean the person designated by the CITY and by the COUNTY to serve as the representative of each for the purposes of exchanging communications provided or required under this Agreement. Written Notice shall mean written communication to and from the Project Managers. ARTICLE III RESPONSIBILITIES OF THE CITY A_ The CITY shall maintain a sequential log of all flooding complaints and routine inspections along with a corresponding report on any necessary action taken to resolve the problems relatingto o the Project as defined in Article IV A below. B_ Upon the COUNTY s request, the CITY shall share information with the COUNTY in matters of flood control, surface water quality, public works construction programs, land use and zoning classifications, and other activities relating to water - system the project. C. The CITY shall provide notice to the COUNTY, as provided herein, designating the project manager responsible for implementing the tasks and responsibilities set forth herein. The CITY shall promptly notify the COUNTY of any change in the project manager designation by written notice as specified in this Agreement. D. The CITY shall be responsible for procuring independently all necessary permits required by this Agreement. E. The CITY shall comply with all applicable regulations, ordinances and laws in the performance of this Agreement. ARTICLE IV COUNTY RESPONSIBILITIES A. The COUNTY is responsible for administration, staffing and management for the completion of the design of the flooding remediation project located within the boundaries of NE 183 Street to the North, NE 174 Street to the South, NE Collins Avenue to the Fast, and NE North Bay Road to the West. (the "Project") B. The COUNTY shall provide notice to the CITY as provided herein, naming the COUNTY Project Manager responsible for implementing the tasks and responsibilities set forth herein. The COUNTY shall promptly notify the CITY of any Page 3 of 1.0 change in the Project Manager designation by written notice as specified in this Agreement. C. The COUNTY shall pay for the design of the drainage improvement project as described in Article TV Section A of this Section utilizing previously collected and encumbered Miami -Dade County Stormwater Utility revenues for this purpose as per the COUNTY's Work Authorization No. 2, Attachment B. No further compensation shall be requested from the CITY. ARTICLE V TERM OF THE AGREEMENT A. The term of this Agreement shall continue until September 30, 2000. B. The parties hereby agree that time is of the essence in the performance of every obligation under this Agreement. ARTICLE VI NO TIEADPARTYBENE�F4GLAKIES COMPENSATION CONSIDERATION Tt is the intent and understanding of the parties that this Agreement is solely for the benefit of the CITY and the COUNTY. No person or entity other than the CITY or the COUNTY shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third -party beneficiary or otherwise. ARTICLE MY FORCE MAJEURE Neither party hereto shall be liable for its failure to carry out its obligations under the Agreement during any period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations, but the obligations of the party relying on such Force Majeure shall be suspended only during the continuance of any inability so caused and for no longer period of said unexpected or uncontrollable event, and such cause shall, so far as possible, be remedied with all reasonable dispatch. It is further agreed that the right of any party hereto to excuse its failure to perform by reason of Force Majeure shall be conditioned upon such party giving, to the other parry, written notice of its assertion that a Force Majeure delay has commenced within ten (10) working days after such commencement, unless there exists good cause for failure to give such notice, in which event, failure to give such notice shall not prejudice any party's right to justify any non-performance as caused by Force Majeure unless the failure to give timely notice causes material prejudice to the other party. Page 4 of 10 ARTICLE IX DEFAULT CITY Event of Default Without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "CITY event of default". If a CITY event of default should occur, the COUNTY shall have all of the following rights and remedies, which it may exercise singly or in combination. 1. The right to declare that this Agreement together with all rights granted to CITY thereunder are terminated, effective upon such date as is designated by the COUNTY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. COUNTY Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in accordance with this Agreement, unless such failures are justified by Force Majeure, shall constitute a "COUNTY event of default". If a COUNTY event of default should occur, the CITY shall have all of the following rights and remedies, which it may exercise singly or in combination- 1 . The right to declare that this Agreement together with all rights granted to COUNTY thereunder are terminated, effective upon such date as is designated by the CITY; 2. Any and all rights provided under federal laws and the laws of the State of Florida. ARTICLE X GOVERNING LAW This Agreement shall be govemed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of Page 5 of 10 process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Miami -Dade County, Florida. ARTICLE XI ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. All obligations of the parties or provisions which require an action by the parties that may be effective after the expiration of the term of this Agreement shall survive this Agreement. ARTICLE XII HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XIII RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE XIV REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City of Sunny Isles Beach City Council, as the governing body of the CITY and it has the required power and authority to perform this Agreement. Page 6 of 10 Wj VVV ARTICLE XV REPRESENTATION OF COUNTY The COUNTY represents that this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners, and it has the required power and authority to perform this Agreement. ARTICLE XVI WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time or of any other right under this Agreement. ARTICLE XVII INVALIDITY OF PROVISIONS, SEVERABIL1TY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. ARTICLE XVIII INDEPENDENT CONTRACTOR The COY COUNTY shall perform its work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the CQUID CITY. The COY COUNTY shall have control of the work performed hereunder in accordance with the terms of this Agreement and of all persons performing the same, and the FAY COUNTY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be construed as creating a partnership or joint venture between the COUNTY and the CITY. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of the Page 7 of 10 COUNTY, nor shall any such person be entitled to any benefits available or granted to employees of the COUNTY. ARTICLE = INDEMNIFICATION The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, subconsultants or subcontractors. The CITY shall pay all claims and Iosses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attomey's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla_ State., subject to the provisions of that statute whereby the CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the CITY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence ofthe CITY. The COUNTY shall indemnify and hold harmless the CITY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out o% relating to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants, partners, principals, subconsultants or subcontractors. The COUNTY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon_ Provided, however, this indemnification shall only be to the extent and within the limitations of Section 768.28 Fla. State., subject to the provisions of that statute whereby the COUNTY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the COUNTY arising out of the same incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the COUNTY. Page 8 of 10 IN WITNESS HEREOF, the parties through their duly authorized representatives hereby execute this Agreement with an effective date October 1, 1999, Attest: CITY OF SUNNY ISLES BEACH, FLORIDA 17070 Collins Ave, Suite 250 Sunny Isles Beach, Florida 33160 Authorized signature on behalf City Clerk Date of the City of Sunny Isles Beach, Florida. By: Title: C%+8 n1a v,aUw Date MIAMI-DARE COUNTY, FLORIDA Merrett R Stierheim County Manager For the Board of County Commissioners, Miami -Dade County, Florida Stephen P. Clark Center 111 NW 1 st. Street Miami, Florida 33128 HARVEY RUVIN, CLERK Attest: Deputy Clerk Date Page 9 of 10 *j U 11 Attachment A CITY OF SUNNY ISLES BEACH DRAINAGE ATLAS Original Page 10 of 10 City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 1 ql Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson Mayor IningTuretsky October 28, 1999 Vice Mayor Commissioners Danny Iglesias SCDMJM Lila Kauffman 800 Douglas Entrance Connie Morro.. Attention: Ms. Marjorie Fichthom, IIDA CityManager Coral Gables, FL. 33134-3319 Lynn M. Dannheisser City Attorney RE: Final Space Program Dear Ms. Fichthom: This letterwill serve as the City of Sunny Isles Beach approval of the Final Building Program dated September 15, 1999 for the proposed City Hall. Please begin the Schematic Design Phase. Should you have any questions, please contact me or Bob Puskin at (305) 947-0606. Sincerely �� ack Neustadt City Manager cc: Bob Pushkin • City of Sunny Isles Beach 17070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 fax David Samson MEMORANDUM Mayor Ining Turetsky Vice Mayor TO: City Commission Commissioners Danny Iglesias FROM: Lynn M. Dannheisser, City Attorne Lila Kauffman Connie Morrow DATE: July 15, 1999 James DiPietro RE: Interlocal Agreement forcompletion of design drainage improvement City Manager project located between 183rd Street and 174" Street and North Bay Lynn A1. Dannheisser Road (the "Project"). City Attomey RECOMMENDATION: It is recommended that the Commission approve by resolution the attached Interlocal Agreement for completion of the Project. REASONS: The City Manager and I have been in regular contact with Miami -Dade County Department of Environmental Resource Management relating to this Commission's decision to opt out of the Countywide stormwater utility and to form its own utility. All of the City's stormwater fees heretofore have been paid to the County. Included in the services the County performed for those fees, was the creation and development of engineering plans for the above -referenced Project. The County regrets that these plans have not already been completed , but, has given their assurance through this contract that the plans will be completed by no later than December, 2000. Inasmuch as the City has chosen to opt out of the County -wide facility by Resolution 99- 144, but the County must complete performance of the design plans, we must enter into an Interlocal Agreement for the completion of those plans. The attached agreement codifies this understanding. Please make note that notwithstanding numerous discussions with DERM on this point, in the event the County defaults on its obligation to complete these plans, there will be no reimbursement of stormwater fees paid for this purpose. Likewise, however, if the cost of the plans exceeds those fees, the County will absorb that impact and the City will not be responsible for any additional fees. Respectfully submitted, LMD:ch Attachment(s)