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HomeMy WebLinkAboutReso 2009-1371 RESOLUTION NO, 2009 - J 31 L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE MUNICIPAL UNDERGROUNDING UTILITIES CONSORTIUM (MUUC) TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID FIRST AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.01, Florida Statutes, authorizes local governing bodies to enter into agreements for the mutual benefit of governmental units; and WHEREAS, the Municipal Underground Utilities Consortium (MUUC) consists of over fifty (50) cities in Florida with over thirty (30) being dues paying members, to gather and share information on all things pertaining to underground utilities jointly funding the study of underground utility service, and to provide a vehicle for the purpose of participating in relevant proceedings before the Florida Public Service Commission, the Florida Legislature, or any other relevant agency or branch of government; and WHEREAS, there is a great deal of activity on undergrounding and hardening of facilities at the Public Service Commission which MUUC participants actively and formally participate in which the current focus of MUUC has been to initiate a study of the FPL tariff that proposed a 25% credit for local government underground conversion projects; and WHEREAS, on February 15, 2007, the City Commission entered into an lnterlocal Agreement with the Municipal Undergrounding Utilities Consortium via Resolution No. 2007- 1054, in the amount of Five Thousand Three Hundred Thirty-Eight Dollars ($5,338.00) for the City's Participation in said Consortium to cost share that study to have a sound basis for evaluating all relevant costs and benefits, on a complete, life-cycle cost basis, of converting existing overhead electric distribution facilities, and other utility facilities to underground service facilities; and WHEREAS, the City Commission now wishes to join the participating cities in the MUUC in approving the First Amendment to the lnterlocal Agreement extending the agreement through December 31, 2010, and finds that amending this lnterlocal Agreement with the Municipal Undergrounding Utilities Consortium is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Approval of First Amendment to Agreement. The First Amendment to the lnterlocal Agreement with the Municipal Undergrounding Utilities Consortium (MUUC) R2009- 1st Adden to Interlocal Agmt re Undergrounding of Utility Facilities Page I of2 extending the Agreement through December 31, 2010, to promote undergrounding of utility facilities and related implementation activities between the City of Sunny Isles Beach and Florida municipalities, 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 First Amendment to Agreement. Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of the Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15"' day of Ja2]0090 ATTEST: o~ <;,~ A~ Jane A. Hines, CMC, City Clerk Moved by: c.o~ ~<..\40L'- Seconded by: Y; CJ.. YV\. fJ..!j6-/ W 1JIrL<t:.At. Vote: $-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl ~(Yes) ~(Yes) ~(Yes) ~(Yes) ~(Yes) _(No) _(No) _(No) _(No) _(No) R2009- 1st Adden to Interlocal Agmt re Undergrounding of Utility Facilities Page 2 of 2 Exhibit "A" FIRST AMENDMENT TO INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES This First Amendment to Interlocal Agreement ("First Amendment") is made and entered into to be effective as of the First day of January, 2009, by and between the CITY OF SUNNY ISLES BEACH, FLORIDA, an incorporated Florida municipality, ("City"), having a mailing address of 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and certain other incorporated cities and towns of Florida that, together with the City, formed the Municipal Underground Utilities Consortium ("MUUC"), a municipal cooperative effort as contemplated in Chapter 163, Florida Statutes, by the INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES ("Interlocal Agreement") that is the subject of this First Amendment. WITNESSETH: WHEREAS, the City and the other cities and towns formed the MUUC through that certain INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES, dated June 13, 2006; WHEREAS, the City and certain other cities and towns that are parties to the Interlocal Agreement now desire to modify and amend the Inter/ocal Agreement; NOW, THEREFORE, pursuant to Section 17.3 of the Interlocal Agreement, which applies to amendments to the Agreement, and in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Section 3.1 of the Interlocal Agreement shall be deleted in its entirety and replaced with the following: "3.1 This Agreement shall be effective as between all of the Parties as of the 13th day of June, 2006, and shall continue in effect until the earlier of (a) December 31, 2010 or (b) the date upon which there remains at most only one (1) Local Government that has not submitted a Notice of Termination of Participation in this Agreement as provided in Section 3.2." 2. Section 17.4 of the Interlocal Agreement shall be deleted in its entirety and replaced with the following: "17.4 Execution. The Parties understand and agree that each is executing this version of the Agreement, titled "EXECUTION VERSION 1.0, MAY 18, 2006" ("Execution Version") and that each Party has a copy of this Execution 1 Version and has had an adequate opportunity to review same. The Parties also understand and agree that the Interlocal Agreement may be extended by execution of an appropriate amendment, which may be executed via counterpart signature pages by all Parties who wish to participate in the extension of the Agreement. For convenience and efficiency, the Parties agree that execution of this Agreement and any future amendments shall be accomplished as follows: each Party shall execute a signature page bearing appropriate identifying information for the person authorized to sign on behalf of the Party, and each Party's execution of that signature page shall be recognized as full and complete execution of this Agreement, and of any amendment, as though the Parties had all signed the same signature page. Each Party shall submit an original signed signature page of the Interlocal Agreement, and of any future amendments thereto, to Doug Haag, Assistant City Manager for the City of Sunny Isles Beach, who, by agreement of the Parties, will hold all signed original signature pages." 3. The final paragraph of the Interlocal Agreement shall be deleted in its entirety and replaced with the following: "IN WITNESS WHEREOF, the Parties, pursuant to the Execution provisions set forth in Section 17.4 above, have executed and delivered this Agreement to be effective as of June 13, 2006, and the First Amendment thereto to be effective as of January 1, 2009. The signature pages to the Interlocal Agreement are set forth beginning on page S-1 of the Interlocal Agreement, and the signature pages for the First Amendment are set forth beginning on page FAS-1 of the Interlocal Agreement." 2 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF PALM BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDffYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-l INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDlNG OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF GULF STREAM, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 2 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF JUPITER INLET COLONY, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDITYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 3 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF COCONUT CREEK, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 4 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF JUNO BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 5 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF LIGHTHOUSE POINT, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 6 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF NAPLES, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDrrYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 7 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF SOUTH PALM BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDrrYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 8 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE TOWN OF OCEAN RIDGE, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s- 9 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF SATELLITE BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME 8-10 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF FLAGLER BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-ll INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF MIAMI BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDfTYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME 3-12 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. SIGNATURE PAGE FOR THE CITY OF SUNNY ISLES BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE 0) "'m'.-JxI / PRINTEDfTYPED NAM Norman S_ Edelcllp TITLE Mayor DATE January 15, 2009 WITNESS SIGNATURE Jane A. Hines, CMC, City Clerk TYPED OR PRINTED NAME 8-13 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the 13th day of June, 2006, and as amended to be effective the First day of January, 2009. , FLORIDA SIGNATURE PAGE FOR THE In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the 13th day of June 2006, and also in accordance with Section 17.4 of the above- referenced Interlocal Agreement, as amended by the foregoing First Amendment, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement and of the First Amendment thereto, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, that it is the intention of the municipality identified above to execute the First Amendment to the Interlocal Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTEDITYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME 8-14 r--- - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax City Commission Norman S. Edeleup, Mayor Lewis .1. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner A. John Szerlag, City Manager Hans Ottinot, City Allorney Jane A. Hines, City Clerk MEMORANDUM TO: The Honorable City Commission Via: A. John Szerlag, City Manager FROM: Douglas Haag, Assistant City Manager-Finance DATE: January 15,2009 RE: MUNICIPAL UTILITY UNDERGROUNDING CONSORTIUM RECOMMENDATION: Approve renewal of the current lnterlocal Agreement with the Municipal Underground Utility Consortium. No funds are being requested at this time. The City's total contribution to date is $14,297. Our savings to date for phases 1 - 3 resulting from the 25% discount is approximately $285,000. BACKGROUND: The current MUUC lnterlocal Agreement expires on January 1, 2009. The MUUC has decided to pursue renewal of the Interlocal Agreement to continue their work until 2010. Article 7.2 allows each party to the Agreement to participate or not participate in future funding activities. Funding participation has been and always will be optional. The MUUC would rather our community continue to be a MUUC participant and not pay any future assessments than to not renew the Agreement out of current or future funding concerns. There is strength in numbers. One of the first questions MUUC is asked when they go before FPL, the press or other parties is "how many participants does the MUUC have?" They always want to know. Also, it is always good to be able to show the public we have been doing our best, in spite of funding problems, to remain proactive on this issue that is important to so many people across all of Florida. Finance Department l\genJa Item No,: 10D 1- I 5-D'1 FunJing available: Commission Meeting Date: Cover Memo 1st i\md MUUC Inter/ocal i\gmt Extension