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HomeMy WebLinkAboutR-94-0230J-94-267 3/24/94 RESOLUTION NO. 9 4— 230 A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN METROPOLITAN DADE COUNTY (THE "COUNTY") AND THE CITY OF MIAMI (THE "CITY.,), FOR A FIVE YEAR TERM WHICH PROVIDES FOR (1) AQUATIC MAINTENANCE FOR THE BISCAYNE BAY SHORELINE AND SPOIL ISLANDS, THE MIAMI RIVER, AND CERTAIN CANALS WITHIN THE CITY OF MIAMI; (2) FUNDING OF THE CITY'S FAIR SHARE CONTRIBUTION TO THE COST OF SUCH MAINTENANCE FROM STORMWATER UTILITY FEES IN AN ESTIMATED YEARLY AMOUNT OF $79,000 AND (3) RETROACTIVE FUNDING NOT TO EXCEED THE AMOUNT OF $3,500 FOR MAINTENANCE PERFORMED DURING FISCAL YEAR 1991-1992. WHEREAS, public water bodies and waterways partially or wholly within the City of Miami require maintenance in the form of debris and vegetation removal and control; and WHEREAS, it is in the best interest of both the City and the County to promote public health, welfare, safety and environmental quality by maintaining public water bodies and waterways within the City of Miami; and WHEREAS, the County has personnel and equipment to perform said maintenance and the City does not; and WHEREAS, it is necessary for the City and the County to establish the responsibility for planning, control, operation, and cost sharing for aquatic maintenance within the City of Miami; and �?` !�•; �^;dry 1' (fi1 � �uv1 � ! t+� CITY COMMISSION MEETYNG OF APR 1 4 1994 Retolutlon No. 94- 230 WHEREAS, the County performed certain aquatic maintenance for the City in fiscal year 1991-1992 for which it was not reimbursed; and WHEREAS, the City's annual fair share contribution for the costs of such maintenance, for the five-year term of the attached Interlocal Agreement, and the one time retroactive payment in an amount not to exceed $3,500, will be paid by the Department of Public Works under account code no. 311002-670 with monies from the Stormwater Utility Trust Fund; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an Interlocal Agreement 1� in substantially the attached form, between Metropolitan Dade County and the City of Miami providing for aquatic maintenance of the Biscayne Bay shoreline and Spoil Islands, the Miami River, and certain canals within the City of Miami. 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Code provisions. 94- 230 2 - 1 Section 3. The estimated City fair share of $79,000 annually for the five year term of the agreement and a one-time retroactive payment of $3,500 is hereby allocated from the 1 Stormwater Utility Trust Fund for inclusion in the annual i departmental appropriations of the Department of Public Works j under account code no. 311002-670. Section 4. This Resolution shall become effective immediately upon its adoption. 1 PASSED AND ADOPTED this 14th day of April , 1994. i � v ' x(_ ST PHEN P. CL RK MAYOR ATTE i 1 ' MA TY HIRAI CITY CLERK APPROVED BY: CA'REGVGARCIA DIRECTOR OF FINANCE SUBMITTED BY: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS - 3 - P4- 230 LEGAL REVIEW: MIRIAM MAER CHIEF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: g. �Ywo A. Q NN J ES, ITI CITY AT Tp9NEY M4243/GMM/ams - 4 - 94- 230 INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI, FLORIDA AND METROPOLITAN DADE COUNTY METROPOLITAN DADE COUNTY PUBLIC WORKS DEPARTMENT 111 NORTHWEST FIRST STREET, SUITE 1610 MIAMI, FLORIDA 33128 (305) 375-2987 �'4- 230 INTERLOCAL AGREEMENT FOR BISCAYNE BAY, CANAL AND MIAMI RIVER MAINTENANCE THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement"] by and between Metropolitan Dade County , a public body corporate and politic, through its governing body, the Board of County Commissioners of Dade County, Florida [hereinafter sometimes referred to as "COUNTY",] and the City of Miami, a political subdivision of the State of Florida, [hereinafter sometimes referred to as "CITY",] is entered into this day of , 1993. WITNESSETH WHEREAS, Section 403.0893, Florida Statutes, authorizes the establishment of stormwater utilities for construction, operation, and maintenance of stormwater management systems, to collect, convey, store, absorb, inhibit, treat, use, or reuse water, prevent or reduce flooding, overdrainage, environmental degradation and water pollution; and WHEREAS, the Board of County Commissioners of Metropolitan Dade County, did, by adoption of Dade County Ordinance No. 91-66 and Ordinance No. 91-120, as amended by Ordinance Nos. 92-44 and 92-86, create a Stormwater Utility for which maintenanc&.activities described in this agreement are those performed by the Public Works Department of the County for the Utility; WHEREAS, the Utility Is solely funded by fees collected from the unincorporated area of the County and these fees cannot be used to pay for services performed in municipalities; WHEREAS, it is the intent of the COUNTY and the CITY, through this agreement, to establish relationships and responsibilities for planning, control, operation and payment for maintenance by the Utility of Biscayne Bay Shoreline and Spoil Islands, the Miami River, and specified canals located within the limits of the CITY; 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: 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 general welfare; �4- 230 (2) to maintain and improve water quality and preserve and enhance environmental quality; (3) to promote intergovernmental cooperation in the maintenance of local waters; and (4) to define responsibilities and cost sharing relationships for maintenance services performed. ARTICLE II DEFINITIONS (1) Agreement shall mean this document, including any written amendments hereto, attachments and other written documents which are expressly incorporated herein by reference. (2) Fiscal Year shall mean the period beginning on October 1 and ending on September 30. (3) Force Majeure 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, materialmen, suppliers, or their subcontractors, unless such acts or omissions are otherwise encompassed by the definition set forth above. ARTICLE III TERM Initial Term The initial term of the Agreement shall be for a period of five (5) years beginning on the latest date of execution by both parties hereto, provided, however, either party may terminate this Agreement without cause prior to the expiration date upon thirty (30) days advance written notice to the other party of such termination. In the event that the parties terminate this Agreement, the CITY shall assume maintenance responsibilities and costs effective the date of termination, and pay the COUNTY all outstanding COUNTY costs allocable to the CITY for services rendered under this agreement through the date of termination. 14- 230 Option to Renew Upon mutual written consent of the parties, this Agreement may be extended for five (5) additional terms of five (5) years each. ARTICLE IV CITY RESPONSIBILITIES A. The City agrees to reimburse the County for the City's share of the maintenance costs for the Spoil Islands, the Miami River, Biscayne Bay Shoreline, City canals fronting on Biscayne Bay and the Comfort Canal (within the boundaries of the City) as described in Article V Section A of this Agreement. Maintenance costs will be subject to annual review during the County's budget process. Any changes in maintenance costs will be presented to the City before the end of April during the term of the Agreement or any extension thereof, and the City shall have thirty (30) days from the date of receipt of such notice within which to give the County notice if the City elects not to continue to receive maintenance services as described in Attachment A. B. The City agrees to provide a crane and trucks, on 72 hours notice, for the removal of weeds collected as part of the maintenance of the City canals fronting on Biscayne Bay. If the trucks and crane are not provided within the 72 hours; then the County shall respond and the County's response shall count as one day of the agreed upon maintenance days per year. C. The City agrees that maintenance of the Miamarina/Bayside marina basin is not part of this agreement. D. The City's point of contact will be the City's Director of Public Works or his or her designee. Official notice shall be directed to or originate from this contact. ARTICLE V COUNTY RESPONSIBILITIES A. The County agrees to provide maintenance services for the Spoil Islands, the Miami River, Biscayne Bay Shoreline, City canals fronting on Biscayne Bay and the Comfort Canal (within the boundaries of the City) as described in Attachment A. B. The response time for weed complaints for City canals fronting on Biscayne Bay shall be two (2) weeks from receipt of a written request (facsimile requests are acceptable). C. The County's point of contact shall be the County's Director of Public Works or his or her designee. -4- 230 ARTICLE VI 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 and stipulated 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 party, 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. ARTICLE VII 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 hereunder are terminated, effective upon such date as is designated by the COUNTY; and 2. Any and all rights provided under federal laws and the laws of the State of Florida and Dade County. The failure of the County to expeditiously exercise the foregoing rights shall not be considered a waiver. 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". 4- 230 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 hereunder are terminated, effective upon such date as is designated by the CITY; and 2. Any and all rights provided under federal laws and the laws of the State of Florida and Dade County. The failure of the City to expeditiously exercise the foregoing rights shall not be considered a waiver. ARTICLE VIII GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of 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 Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. ARTICLE IX ENTIRETY OF AGREEIMNT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understanding 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 or subsequent 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. A change in applicable rates shall be effective without need of an amendment, and upon the City's failure to object to the County notice provided in Article IV within thirty (30) days of receipt of such notice. 04- 230 ARTICLE X 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 XI RIGHT 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 reasons of this Agreement. ARTICLE XII REPRESENTATION OF CITY The CITY represents that (I) this Agreement has been duly authorized, executed and delivered by the City Commission, as the governing body of the CITY and (II) it has the required power and authority to perform this Agreement. ARTICLE XIII REPRESENTATION OF COUNTY The COUNTY represents that (I) this Agreement has been duly authorized by the Board of County Commissioners and executed by the County Manager, and (II) the County has the required power and authority to perform this Agreement. ARTICLE XIV WAIVER There shall be no waiver of any right related to this Agreement unless in writing signed by the Manager of the City, the County, or the Commission of either party. 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 XV INVALIDITY OF PROVISIONS, SEVERABILITY Wherever possible, each provision of the Agreement shall be interpreted in such manner as to be effective and valid under 04- 230 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 XVI INDEPENDENT CONTRACTOR CITY shall perform all work and services described herein as an independent contractor and not as an officer, agent, servant, or employee of the COUNTY. CITY shall have control of the work it or its agents and employees perform hereunder in accordance with the terms of this Agreement, and CITY shall be responsible for the acts and omissions of its officers, agents, employees, contractors, and subcontractors, if any. Nothing herein shall be construed to create a partnership or joint venture between the COUNTY and the CITY. ARTICLE XVII NOTICES It is understood and agreed between the parties hereto that written notice addressed to Dade County and mailed or delivered to the Director, Public Works Department, Metro Dade County 111 N.W. First Street, Suite 1610, Miami, Florida 33128, shall constitute sufficient notice to the County; and written notice addressed to City and mailed or delivered to the Director, Department of Public Works, City of Miami, 275 N.-W. Second Street, Miami, Florida 33128, shall constitute notice to the City, to comply with the terms of this Agreement. Notices provided herein shall include all notices required in this Agreement or required by law. ARTICLE XVIII INDEMNIFICATION The City agrees to indemnify and save harmless the County against all claims and demands of all parties whatsoever for damages or for compensation for injuries or accidents to persons, animals and materials due either directly or indirectly, to the City's operations or to the act or omission of the City, its agents, or employees. The City shall pay all judgments obtained by reason of accidents, injuries or damages resulting from negligence of the City, its agents, of employees, as specified in suit or suits against the County, including all legal costs, court expenses and other like expenses; and the City shall have the right to join in the defense of such suits. OV4— 230 The County agrees to indemnify and save harmless the City against all claims and demands of all parties whatsoever for damages or for compensation for injuries or accidents to persons, ' animals and materials due either directly or indirectly, to the I j County's operations or to the act or omission of the County, its agents, or employees. The County shall pay all judgments obtained i by reason of accidents, injuries or damages resulting from negligence of the County, its agents, or employees, as specified in suit or suits against the City, including all legal costs, court expenses and other like expenses; and the County shall have the right to join in the defense of such suits. IN WITNESS WHEREOF, the CITY and COUNTY have hereto set their hands and seals on the day and year indicated below. CITY BY: ATTEST: MATTY HIRAI City Clerk City Manager Date signed by the City APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: City Attorney APPROVED BY DADE COUNTY AS TO FORM AND LEGAL SUFFICIENCY. ATTEST: HARVEY RUVIN Clerk of the Board By: Deputy Clerk DARE COUNTY, Florida, By its Board of County Commissioners By: County Manager 04- 230 II ATTACHMENT A SCHEDULE OF CANAL MAINTENANCE ACTIVITIES CITY Responsibilities The CITY agrees to pay the COUNTY the sum of seventy-eight thousand nine hundred dollars ($78,900) for fiscal year 93-94 for maintenance listed in Article II and the sum of three thousand five hundred dollars ($3,500) for fiscal year 91-92 for maintenance already performed on Comfort Canal. Future maintenance costs will be subject to annual review during the COUNTY'S budget process and shall be set at the costs approved in such process. Any changes in maintenance costs will be presented annually to the CITY by the end of the month of April during the term of this Agreement. The City's annual costs are outlined below: Location Miami River Comfort Canal Biscayne Bay Weed Complaints Spoil Islands City Canals Fronting on Bay* TOTAL * These canals are located at: Citv's Annual _Cost Share $12,200 22,200 23,500 11,000 101000 $78,900 1. Channel located between NE 86 Street and NE 87 Street that runs from NE 10 Court to Biscayne Bay. 2. Channel located between NE 83 Street and NE 84 Street that runs from NE 10 Avenue to Biscayne Bay. COUNTY Responsibilities The COUNTY agrees to provide canal maintenance services for locations listed below that are within the boundaries of the CITY. The types of service and service levels are defined below: Location Miami River Comfort Canal Biscayne Bay Weeds Complaints Four Spoil Islands within City limits City Canals Fronting on Bay* Service Surface Cleaning Chemical Treatment Mowing Obstruction Removal Culvert Cleaning Above Water Culvert Cleaning Below Water Removal of Weeds Debris Pick-up Collection of Weeds Freauencv Monthly Three annually Two annually Once annually Two annually Once annually As needed, not to exceed 75 days/year Monthly Twice/year** Should the COUNTY not perform the level of services indicated above, the CITY will receive an adjustment to its costs in the next year of the Agreement. * * Based on 16 days per year. 0 4 _ 230 2 j U CITY OF MIAMI, FLORIDA CA=9 INTER -OFFICE MEMORANDI TO: Honorable Mayor and Members of the City Commission FROM : Cesa to City age RECOMMENDATION: DATE T, 31 I%4 FILE SUBJECT Resolution Authorizing Interlocal Agreement for Aquatic Maintenance REFEREi4CES : ENCLOSURES: It Is respectfully requested that the City Commission adopt the attached Resolution authorizing the City manager to execute on the City's behalf, an Interlocal Agreement , in substantially the attached form, with Metropolitan Dade County for maintenance of the Biscayne Bay shoreline and Spoil Islands, the Miami River, and certain canals within the City limits and allocating funds from the Stormwater Utility Trust fund to cover the City's fair share cost estimated at $79,000 annually for the initial five year agreement term and one time retroactive payment of $3,500. BACKGROUND: The Department of Public Works, in a continuing effort to serve all residents of the City of Miami, is recommending the adoption of the attached resolution authorizing the execution of an Interlocal agreement with Dade County to provide for aquatic maintenance within the City of Miami. In fiscal year 1991-1992 County forces performed aquatic maintenance activities for the City which will be reimbursed under this agreement in an amount not to exceed $3,500. The west shoreline of Biscayne Bay, spoil Islands within the bay, and certain public canals leading to the bay periodically suffer significant accumulations of seaweed, trash and other floating debris which requires removal and disposal by mechanical means. The Miami River receives floating trash and debris, from numerous marine and shoreside sources, which must be removed and disposed of. The fresh water Comfort Canal In the West end of the City requires chemical weed growth control, bank mowing, and periodic debris removal. Page 1 of 2 7: 0)97-1 O-A- 230 Honorable Mayor and Members of the City Commission Historically aquatic maintenance of the type listed above has been accomplished primarily by County forces with varying frequency and effectiveness depending on available manpower, equipment, and funding. Both City and County staff are In agreement that current participation levels need to be Increased In the Interest of navigation, flood control, health and safety. Current County Code does not provide for expenditures by the County for maintenance of waterways within corporate City limits. Meetings have been held to determine reasonable cleaning frequencies, cost sharing and task coordination between City and County for the various water bodies covered by the agreement. Funding Is available from the City's Stormwater Utility Trust Fund through fees collected this year and in future years. Page 2 of 2 24- 230