Loading...
HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorney George'x. Wyson-III DATE: October 23, 2025 RE: Resolution No. R-25-0394 — Execute - MDC Interlocal Master Agrmnt - Utility Work File No. 18152 At its September 25, 2025, meeting, the City Commission adopted the above -referenced agenda item, CA.4, authorizing the City Manager to negotiate and execute an lnterlocal Master Agreement, in a form acceptable to the City Attorney, with Miami -Dade County ("County") to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out, and to execute individual Joint Participation Agreements ("JPA"), in substantially the attached form as "Exhibit A," without requiring further City Commission. The Legislation inadvertently contained a scrivener's error regarding the effective date. The Legislation has been corrected and incremented to Revision A. GKW/PA/vja Enclosure(s) --e, ,/ ''CD- 131 rn rn co 7-0 1 15 3 S�4 \iQ4/ 1 eMot mQ4O City of Miami Legislation Resolution City 3500 Pan Americ rive Miami, FL331 ' www.miamigbvconi ;% File Number: 18152 Final Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL MASTER AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI- DADE COUNTY ("COUNTY"), TO PROVIDE UTILITY WORK FOR THE COUNTY, ESTABLISHING THE PROCEDURE FOR THE PERFORMANCE AND REIMBURSEMENT OF THE UTILITY WORK, INCLUDING THE UTILITY DESIGN WORK TO BE PERFORMED AND THE UTILITY CONSTRUCTION WORK TO BE CARRIED OUT; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL JOINT PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT A," WITHOUT REQUIRING FURTHER CITY COMMISSION APPROVAL. WHEREAS, on November 21, 2013, the City Commission adopted Resolution No. R-13- 0469, which authorized the City Manager to execute an Interlocal Master Agreement with Miami -Dade County ("County"), to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out; and WHEREAS, on March 21, 2014, the City entered into the Agreement with the County for a term of ten (10) years and the agreement expired; and WHEREAS, on September 12, 2024, the City Commission adopted Resolution No. R- 24-0337, which authorized the City Manager to execute an Interlocal Master Agreement for a term of one (1) year, with the County, to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out and further authorizing the City Manager to execute individual Joint Participation Agreements without requiring further City Commission approval; and WHEREAS, on December 18, 2024, the City of Miami ("City") entered into the Agreement with the County for a term of one (1) year, which expires on December 18, 2025; and WHEREAS, the County owns or may, in the future, own certain water and wastewater facilities, including but not limited to, gravity sewer pipes, pump stations, reclaimed water pipes, valves and valve covers, manholes and access covers, water pipes, sanitary sewage pipes, meters, hydrants, and all appurtenances thereto, which are or may, in the future, be located in the City's public roads or lands ("Facilities"); and WHEREAS, the Miami -Dade Water and Sewer Department ("WASD") operates the County's water and sanitary wastewater system; and WHEREAS, the City engages in projects that involve constructing, reconstructing or otherwise changing public roads and other improvements located on public roads or lands (hereinafter referred to as either the "Project" or the "Projects"); and WHEREAS, the City and the County may propose Projects that necessitate the installation, relocation (vertically or horizontally), replacement, adjustment or removal of the Facilities or some combination thereof (hereinafter referred to as "Utility Work"); and WHEREAS, the City and the County desire to minimize delays, costs, and impact to the public, which may result from lack of coordination and communication between or among them and their respective contractors performing the Project or the Utility Work; and WHEREAS, the City and the County desire to enter into a Master Agreement that establishes the procedure for the performance and reimbursement of Utility Work, including the utility design work to be performed and the utility construction work to be carried out ("the Interlocal Master Agreement"); and WHEREAS, the purpose of the Interlocal Master Agreement and the individual Joint Participation Agreements (hereinafter "JPAs") is to perform the Utility Work with the Project in an efficient, coordinated, economical and expeditious manner; and WHEREAS, the individual JPAs shall not require further City Commission approval; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute an Interlocal Master Agreement, in a form acceptable to the City Attorney, with the County to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out. Section 3. The City Manager is further authorized' to execute individual JPAs, in substantially the attached form as "Exhibit A," without requiring further City Commission approval. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: C) C] C1 rat 720 ral (.')179 7.3 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Resolution R-25-0394 Legislation File Number: 18152 City Hall 3500 Pan American Drive Miami FI Z3133 www.mia migov.conf /aO •te A A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN INTERLOCAL MASTER AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH MIAMI- DADE COUNTY ("COUNTY"), TO PROVIDE UTILITY WORK FOR THE COUNTY, ESTABLISHING THE PROCEDURE FOR THE PERFORMANCE AND REIMBURSEMENT OF THE UTILITY WORK, INCLUDING THE UTILITY DESIGN WORK TO BE PERFORMED AND THE UTILITY CONSTRUCTION WORK TO BE CARRIED OUT: FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE INDIVIDUAL JOINT PARTICIPATION AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM AS "EXHIBIT A," WITHOUT REQUIRING FURTHER CITY COMMISSION APPROVAL. Final Action Date: 9/2512024> 4t(N. WHEREAS, on November 21, 2013, the City Commission adopted Resolution No. R-13- 0469, which authorized the City Manager to execute an Interlocal Master Agreement with Miami -Dade County ("County"), to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out; and WHEREAS, on March 21, 2014, the City entered into the Agreement with the County for a term of ten (10) years and the agreement expired; and WHEREAS, on September 12, 2024, the City Commission adopted Resolution No. R- 24-0337, which authorized the City Manager to execute an Interlocal Master Agreement for a term of one (1) year, with the County, to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out and further authorizing the City Manager to execute individual Joint Participation Agreements without requiring further City Commission approval; and WHEREAS, on December 18, 2024, the City of Miami ("City") entered into the Agreement with the County for a term of one (1) year, which expires on December 18, 2025; and WHEREAS, the County owns or may, in the future, own certain water and wastewater facilities, including but not limited to, gravity sewer pipes, pump stations, reclaimed water pipes, valves and valve covers, manholes and access covers, water pipes, sanitary sewage pipes, meters, hydrants, and all appurtenances thereto, which are or may, in the future, be located in the City's public roads or lands ("Facilities"); and WHEREAS, the Miami -Dade Water and Sewer Department ("WASD") operates the County's water and sanitary wastewater system; and X9 , City of Miami Page 1 of 3 File ID: 18152 (Revision: A) Printed On: 10/31/2025 File ID: 18152 Enactment Number: R-25-0394 WHEREAS, the City engages in projects that involve constructing, reconstructingfji otherwise changing public roads and other improvements located on public roads or land /,> (hereinafter referred to as either the "Project" or the "Projects"); and WHEREAS, the City and the County may propose Projects that necessitate the if,9 installation, relocation (vertically or horizontally), replacement, adjustment or removal of the Facilities or some combination thereof (hereinafter referred to as "Utility Work"); and WHEREAS, the City and the County desire to minimize delays, costs, and impact to the public, which may result from lack of coordination and communication between or among them and their respective contractors performing the Project or the Utility Work; and WHEREAS, the City and the County desire to enter into a Master Agreement that establishes the procedure for the performance and reimbursement of Utility Work, including the utility design work to be performed and the utility construction work to be carried out ("the Interlocal Master Agreement"); and WHEREAS, the purpose of the Interlocal Master Agreement and the individual Joint Participation Agreements (hereinafter "JPAs") is to perform the Utility Work with the Project in an efficient, coordinated, economical and expeditious manner; and WHEREAS, the individual JPAs shall not require further City Commission approval; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to negotiate and execute an Interlocal Master Agreement, in a form acceptable to the City Attorney, with the County to provide utility work for the County, establishing the procedure for the performance and reimbursement of the utility work, including the utility design work to be performed and the utility construction work to be carried out. Section 3. The City Manager is further authorized' to execute individual JPAs, in substantially the attached form as "Exhibit A," without requiring further City Commission approval. Section 4. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 18152 (Revision: A) Printed on: 10/31/2025 File ID: 18152 Enactment Number: R-25-0394 APPROVED AS TO FORM AND CORRECTNESS: g III, C y or y 9/16/2025 a ge . Wy ng III, C y ttor y 10/30/2025 s rrit rn ;0 City of Miami Page 3 of 3 File ID: 18152 (Revision: A) Printed on: 10/31/2025