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Home My WebLink AboutR-94-0355J-94-419 5/13/94 RESOLUTION NO. 9 4- 355 A RESOLUTION, WITH ATTACHMENT, 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") THEREBY PROVIDING FOR A CITY ENGINEERING COORDINATOR FOR COUNTY SEWER PROJECTS RELATIVE TO STATE AND FEDERAL AGREEMENTS WITHIN THE CITY OF MIAMI. WHEREAS, the COUNTY, through the Miami -Dade Water and Sewer Authority Department, has entered Into two settlement agreements with the State of Florida Department of Environmental Protection and a Partial Consent Decree with the U.S. Environmental Protection Agreement; and WHEREAS, said settlement agreements and Partial Consent Decree require the construction of various wastewater projects within the CITY; and WHEREAS, In order to minimize the disruptions that may occur because of the construction, the CITY and the COUNTY recognize the need to minimize the effects of the COUNTY's 'a construction activities on the citizens of the City and both parties recognize the need to coordinate the COUNTY's projects with other projects proposed by the CITY; and i A ii 7 11 C ", ! :, r s I u I d icCONTAINED CITY COMUSSION MEETING OF MAY 2 3 1994 Aoeolution No. WHEREAS, because the COUNTY's construction activities in the City have already begun, the services to be provided by the CITY under this Agreement are retroactive to October 1, 1993; and WHEREAS, the County shall reimburse the CITY for payroll costs up to an annual amount not to exceed $75,000.00 and shalt provide the CITY's engineer with office space, furniture, telephone service and secretarial support as necessary; 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!' In substantially the attached form, between Metropolitan Dade County and the City of Miami providing for a city engineering coordinatlor for COUNTY sewer projects relative to state and federal agreements within the City of Miami. Section 3. This Resolution shall become effective Immediately upon Its adoption. 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. - 2 - 24.- 355 PASSED AND ADOPTED this 3r,_ day of May , 1994. STEP EN P. CLARKj MAYOR ATTEST. At,w" I MATTY HIRAI CITY CLERK SUBMITTED BY: (i - �,A" WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: A 1w k)\ \ I-lR9A- ABELLA ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: �� - - 3 - 3 4 - 355 3 (A) (a,, R- r3 39-�3 INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY, FLORIDA AND CITY OF MIAMI, FLORIDA THIS AGREEMENT, made and entered into as of the day of 199 , by and between Metropolitar-Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", and the City of Miami, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated as the "CITY"; W I T N E S S E T H WHEREAS, the COUNTY, through the Miami -Dade Water and Sewer Authority Department, hereinafter referred to as the "Department", has entered into two settlement agreements with the State of Florida Department of Environmental Protection and a Partial Consent Decree with the U.S. Environmental Protection Agreement, and WHEREAS, said settlement agreements and Partial Consent Decree require the construction of various wastewater projects within the i` CITY, and WHEREAS, in order to minimize the disruptions that may occur because of the construction, the CITY and the COUNTY recognize the need to minimize the effects of the COUNTY's construction WHEN RETURwinIG FOR FURTHER REVIEW, PLEASE IDENTIFY AS U- 355 #__ c�.3s activities on the citizens of the City and both parties recognize the need to coordinate the COUNTY's projects with other projects proposed by the CITY, and WHEREAS, because the COUNTY's construction activities in the City have already begun, the services to be provided by the CITY under this Agreement are retroactive to October 1, 1993. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, the COUNTY and the CITY hereby agree to the following: 1. The CITY shall provide the services of a professional engineer on a full-time basis to serve as an engineering coordinator who will assist in the coordination of sewer construction projects initiated by the COUNTY within the CITY. The CITY agrees to maintain accurate records of the actual work hours expended by said engineer in the conduct of these activities. The COUNTY shall reimburse the CITY for payroll costs up to an annual amount not to exceed $75,000. The CITY shall submit monthly invoices to the COUNTY for the services which shall be paid by the COUNTY within thirty (30) days of the COUNTY's receipt and approval. 2. The COUNTY shall provide the CITY's engineer with office space, furniture, telephone service and secretarial support as necessary. S 94- M 3. It is anticipated that the services to be provided by the engineer will be necessary for a three year period. At the CITY's request, the term may be extended for two additional one-year terms upon the written authorization from the Director of the Department. 4. The CITY shall have the right to terminate this agreement, in whole or in part, by fourteen (14) days prior written notice to the COUNTY in which case the COUNTY's sole obligation to the CITY shall be payment for the actual work performed as determined by the actual hours worked by the CITY's engineer. 5. Both the COUNTY and CITY agree that the CITY engineer provided for in this agreement shall remain an employee of the CITY and that it is intended by both parties that said engineer shall not be deemed to be a COUNTY employee, agent, representative or COUNTY independent contractor or consultant. In WITNESS WHEREOF, the parties have entered into this agreement on the day and year first above written. ATTEST: HARVEY RUVIN, CLERK By. . Deputy Clerk DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: County Manager 94- 355 ATTEST: By: City Clerk Approved as to legal form and sufficiency: Assistant County Attorney 7 THE CITY OF MIAMI By: Cesar Odio City Manager Approved as to legal form and sufficiency: r C y torne f the City of Mia C, �--� 94- 355 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members ?° of the City Commission =ROM Cesa�(� 10 City ger RECOMMENDATION: DATE W 11 Will FILE SUBJECT Resolution Authorizing Interlocal Agreement with Metro -Dade County REFERENCES. ENCLOSURES Resolution No. 93-475 It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the City Manager's execution of an Interlocal agreement with Metropolitan Dade County for the County's compensation for a City employee to serve as an engineering coordinator for existing and proposed Miami Dade Water and Sewer Authority Department sewer projects relative to state and federal consent agreements. BACKGROUND: As a result of the state and federal consent agreements, the Miami- Dade Water and Sewer Authority Department of Dade County Is obligated to perform numerous construction projects within the City of Miami. The City, at Its Commission meeting of July 22, 1993, expressed concern about possible traffic and other types of disruptions due to those projects and adopted Resolution No. 93- 475 requiring Metropolitan Dade County, as a condition of an easement agreement for force mains within the City, to utilize a City employee to act as a Ilason between the two agencies to assist In the coordination of the various projects. The attached agreement Is for a three year term, which may be extended at the City's request by the Director of Miami -Dade Water and Sewer Authority Department, for two one-year periods. The County will reimburse the City for Its actual payroll costs up to an annual amount not to exceed $75,000. Since Dade County's construction activities have already begun, the services to be provided by the City are retroactive to October 1, 1993. It is respectfully recommended that the City Commission approve the attached resolution. 34- 3r,-,'5 q - /