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HomeMy WebLinkAboutReso 2008-1247 (v2) RESOLUTION NO, 2008- I~ I..V1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND THE CITY OF SUNNY ISLES BEACH RELATING TO THE SCOPE OF WORK TO INCLUDE DRAINAGE AND PAVEMENT AROUND THE COMMUNITY SCHOOL LOCATED IN THE CITY, MAINTENANCE OF TRAFFIC AROUND THE ATLANTIC BOULEVARD AREA, AND THE PERIMETER RIGHT-OF-WAY AROUND THE COMMUNITY SCHOOL, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY ATTORNEY AND THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2003 the School Board and the City entered into an lnterlocal Agreement to ensure that plans for residential development are coordinated with the construction of new schools; and WHEREAS, on December 13, 2007, via Resolution No. 2007-1192, the City Commission approved entering into an Amended and Restated lnterlocal Agreement with the School Board to adopt the necessary comprehensive plan amendments to establish public school concurrency as a myriad of procedural actions required to successfully construct the desired public school; and WHEREAS, Section 163, Florida Statutes, authorizes local government units to enter into lnterlocal Agreements for the mutual benefits of the governmental units; and WHEREAS, the City and the County desire to enter into this lnterlocal Agreement for scope of work to include drainage and pavement around the Community School located in the City, as well as maintenance of traffic (MOT) around the Atlantic Boulevard area, also located in the City; and WHEREAS, the City and the County wish to enter into this lnterlocal Agreement to undertake the necessary responsibilities relative to this scope of work, including the perimeter right-of-way around the Community School located in the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: R2008-1247 Interlocal Agrmt with School Board Page I 01'2 01/27/09 Clerk's Note: City decided to pursue Letter Agreement instead of formallnterlocal Agreement. Section 1. Approval of Agreement. The Interlocal Agreement with the School Board of Miami-Dade County, Florida, to undertake the necessary responsibilities relative to this scope of work to include drainage and pavement around the Community School, maintenance of traffic (MOT) around the Atlantic Boulevard area, and the perimeter right-of-way around the Community School, attached hereto as Exhibit "A", be and the same, is hereby approved. Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said Interlocal Agreement. Section 3. Authorization of the City Attorney and the City Manager. The City Attorney and the City Manager are hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 20th day of March 2008. ATTEST: .tA . 6/:k~~ ~~~ Jane A. Hines, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Hans Ottinot, City Attorney Vote: S-o Moved by: C~~ ~~ "2..11\) Seconded by: r.1)~ G(;DD~ Mayor Edelcup Vice Lewis Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl V""" (Yes) V'(Yes) ~Y es) ~Yes) ~Yes) _(No) _(No) _(No) _(No) _(No) R2008- Interlocal Agmt With School Board Page 2 01'2 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND THE SCHOOL BOARD OF MIAMI-DADE COUNTY THIS INTERLOCAL AGREEMENT (the "Agreement") by and between the School Board of Miami- Dade County, a political subdivision of the State of Florida (the "School Board"), and the City of Sunny Isles Beach, Florida, a municipal corporation organized under the laws of the State of Florida, through its governing body, the Mayor and Commissioners of the City of Sunny Isles Beach, Florida (the "City") is entered into this day of , 2008. WITNESSETH WHEREAS, Chapter 163, Florida Statutes (the "Interlocal Cooperation Act") authorizes local government units to enter into interlocal agreements for the mutual benefits of the governmental units; and WHEREAS, the City and County (collectively, "the Parties") desire to enter into this Interlocal Agreement for scope of work to include drainage and pavement around the Community School located in the City, as well as maintenance of traffic ("MOT") around the Atlantic Boulevard area, also located in the City; and WHEREAS, the Parties wish to undertake the necessary responsibilities relative to this scope of work, including the perimeter right-of-way around the Community School located in the City. NOW, THEREFORE, FOR AND IN CONSIDERATION, of the mutual covenants and agreements hereinafter set forth, the Parties hereto agree as follows: Section 1. Recitals: The recitals set forth above are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. Section 2, Responsibilities of the Parties: The Parties agree that the specific responsibilities between the Parties shall be the following: A, 183rd Street (Atlantic to North Bay Road), The City will pay for concrete curb and gutter on the north side as well as a 10 (ten) foot multipurpose concrete path. The School Board will pay for concrete curb and gutter on the south side as well as all sub grade work, proper placement of base, and asphalt pavement for the street. The School Board will also pay for a 5 (five) foot concrete sidewalk on the south side. B, 182nd Street (Atlantic to North Bay Road), The City will pay for concrete curb and gutter on the south side as well as a 5 (five) foot concrete sidewalk. The School Board will pay for concrete curb and gutter on the north side as well as a 5 (five) foot concrete sidewalk. All sub grade work, proper placement of base, and asphalt pavement costs will be shared equally between the City and School Board. C. North Bay Road (182nd Street to 183rd Street), The City will pay for concrete curb and gutter on the west side, as well as a 10 (ten) foot wide multipurpose path on the west side. This path will extend all the way to 174th Street with the entire cost being assigned to the City. The City will also be responsible for all subgrade work, proper placement of base, and asphalt pavement costs. The School Board will be responsible for concrete curb and gutter on the east side as well as a 5 (five) foot wide concrete sidewalk. -l D, Atlantic Boulevard (182nd Street to 183rd Street), The City will be responsible for concrete curb and gutter on the east side. The School Board will be responsible for concrete curb and gutter on the west side as well as a 5 (five) foot wide concrete sidewalk. All sub grade work, proper placement of base and asphalt pavement costs will be shared equally between the City and School Board. E. Drainage, The School Board will be responsible for installation of five drainage wells, and the City will be responsible for installation of three drainage wells. F, Use of only contractor, The Parties agree to the use of only one contractor to perform the above scope of work, including paragraphs "A" through "E" above. The Parties also agree that the contractor shall perform the above scope of work within three months from issuance date of a notice to proceed. In the event the School Board utilizes the services of its contractor to perform the work, the City will pay for its share based on the City's contractor unit pricing. G, City's payment obligations, The City will remit payments on a monthly basis, upon the submittal of invoices and approval by the City. The Parties further agree that the City's total contribution obligation shall not exceed Four Hundred Fifty Four Thousand Sixty-Five Dollars and Zero Cents ($454,065.00). H, Incorporation of Exhibit "A", The Parties agree that the attached Exhibit "A" reflects the Parties understanding of their shared cost obligations. Section 3, Effective Date and Term: This Agreement shall take effect upon execution and shall terminate upon the completion of the scope of work described in Section 2, paragraphs "A" through "E", above. Section 4, Compliance with Codes and Laws, Each party agrees to abide by all Applicable Laws necessary for the development and completion of the scope of work, described in Section 2, paragraphs "A" through "E", above. "Applicable Laws" means any applicable law (including, without limitation, any environmental law), enactment, statute, code, ordinance, administrative order, charter, tariff, resolution, order, rule, regulation, guideline, judgment, decree, writ, injunction, franchise, permit, certificate, license, authorization, or other direction or requirement of any governmental authority, political subdivision, or any division or department thereof, now existing or hereinafter enacted, adopted, promulgated, entered, or issued. Notwithstanding the foregoing, "Applicable Laws" shall expressly include, without limitation, all applicable zoning, land use, DRI and Florida Building Code requirements and regulations, all applicable impact fee requirements, all requirements of Florida Statutes, specifically including, but not limited to, Section 255.05 related to payment and performance bonds, Section 255.20 related to contractor selection and Section 287.055 related to competitive selection of architects and engineers, all requirements of Chapters 119 and 286 of the Florida Statutes, all disclosure requirements imposed by Section 2-8.1 of the Miami-Dade County Code, all requirements of Miami-Dade County Ordinance No. 90-133 (amending Section 2- 8.1), County Resolution No R-754-93 (Insurance Affidavit), County Ordinance No. 92-15 (Drug-Free Workplace), and County Ordinance No. 91-142 (Family Leave Affidavit), execution of public entity crimes disclosure statement, Miami-Dade County disability non-discrimination affidavit, and Miami- Dade County criminal record affidavit, all applicable requirements of Miami-Dade County Ordinance No. 90-90 as amended by Ordinance 90-133 (Fair Wage Ordinance),Section 2-11.15 of the Code (Art in Public Places), the requirements of Section 21701 of the Code and all other applicable requirements contained in this Agreement and Attachment 1, which exhibit is hereby incorporated in this 2 Agreement by this reference. Section 5, Relationship of the Parties: The parties agree that the City is an independent entity and not an agent or servant of the School Board. No party or its officers, elected or appointed officials, employees, agents, independent contractors or consultants shall be considered employees or agents of any other party, nor to have been authorized to incur any expense on behalf of any other party, nor to act for or to bind any other party, nor shall an employee claim any right in or entitlement to any pension, workers' compensation benefit, unemployment compensation, civil service or other employee rights or privileges granted by operation of law or otherwise, except through and against the entity by whom they are employed. Section 6. Liability: The parties to this Agreement shall not be deemed to assume any liability for the negligent or wrongful acts, or omissions of the other party. Nothing contained herein shall be construed as a waiver, by either party, of the liability limits established in section 768.28 of the Florida Statutes. Section 7, Termination: Notwithstanding anything herein to the contrary, either party shall have the right to terminate this Agreement, by giving written notice of termination to the other party, in the event that the other party is in material breach of this Agreement. A material breach will be deemed to occur when either party is in breach of any of their respective obligations or provisions in this Agreement, and the party has failed to cure same within 30 (thirty) days after receipt of written notice from the other party. Termination of this Agreement by any Party is not effective until five (5) business days following receipt of the written notice of termination. Upon termination of this Agreement no party shall have any further liability or obligation to the other party except as expressly set forth in this Agreement; provided that no party shall be relieved of any liability for breach of this Agreement for events or obligations arising prior to such termination. Section 8. Arbitration of Disputes: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. Section 9, Notice: Any notice, consent or other communication required to be given under this Agreement shall be in writing, and shall be considered given when delivered in person or sent by facsimile or electronic mail (provided that any notice sent by facsimile or electronic mail shall simultaneously be sent personal delivery, overnight courier or certified mail as provided herein), one business day after being sent by reputable overnight carrier or 3 business day after being mailed by certified mail, return receipt requested, to the parties at the addresses set forth in this Agreement (or at such other address as a party may specify by notice given pursuant to this Section to the other party). Section 10. Modification and Amendment: Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equal dignity herewith. Section 11. Joint Preparation: The preparation of this Agreement has been a joint effort of the parties, and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. Section 12, 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. Section 13, 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. Waiver by any party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. Section 14, Invalidity of Provisions, Severability: 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. Section 15, Entirety of Agreement: This Agreement, and the attachment thereto, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement. 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 all 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. IN WITNESS WHEREOF, the Parties have caused this lnterlocal Agreement to be executed in their names by their duly authorized officers on this _ day of , 2008. The School Board of Miami Dade County, Florida: WITNESSES: Signature BY: Chair Print Name BY: Superintendent WITNESSES: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Signature BY: School Board Attorney Print Name CITY OF SUNNY ISLES BEACH, a Florida municipal corporation ATTEST: BY:..~l ~ ~ Jane Hmes, CMC, CIty Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Hans Ottinot, City Attorney TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 331 GO (305) 947-0606 City Hall (305) 949.3113 Fax (305) 947.2150 Building Department (305)947-5107 Fax Ci(v Commission :"<ior an S. Edclcup, ivfayor L' 'is J. Thaler, Vice Mayor slyn Brezin. CommissIoner G ny Goodman, ComflllSslOner Gco ,.,c "Bud" Scholl, CommissIOner March 27, 2008 ,\. John Szerlag, ellY Manager lIans QUinot, Clly AI/orney .Iaoe A. Hines, CMC. City Clerk MEMORANDUM Hans Ottinot, City Attorney Priscilla Walker, CMe, Deputy City Cler:? Approval of Intcrlocal Agreeme Community School Perimeter with School Boa,-d for Maintenance of At its regular meeting of M~'rch 20, 2 8, the City Commission adopted Resolution No, 2008- 1247, which approved the above-refe need item in substantially the same form. Attached are a copy of the approving resolution a the two draft originals to assist you in processing this item. Thank you. /pw Attachments cc: II 1 Szerlag, City i'vlanager (w/o attachments) ~ ~ l.u--w-~ ;A~ ~ toM-td ~-k.Lioc.JJ. ~ ~ ~ f\ok-s. MDC Schoollllterlocal Agrmt For Drainage !vlemo