RESOLUTION 92-20579 •
RESOLUTION NO. 92-20579
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY STORM WATER UTILITY BY AND
THROUGH ITS DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT, AND AUTHORIZING THE CITY MANAGER TO
COMPLETE THE ATTACHMENTS AND OTHER UNCOMPLETED
ITEMS IN THE AGREEMENT.
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 Metropolitan of
Dade County (the "County") , did, by adoption of Dade County
Ordinances No. 91-66 and Ordinance No. 91-120, create a stormwater
utility within the unincorporated area of the County, and which
utility may, operate within a municipality or municipalities; and
WHEREAS, it is the intent of the County and the City, through
this Agreement, to establish relationships and responsibilities for
planning, control, operation, construction, maintenance repair, and
enhancement of stormwater systems located within the limits of the
City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute an Interlocal Agreement with
Metropolitan Dade County Storm Water Utility by and through its
Department of Environmental Resources Management, and authorizing
the City Manager to complete the attachments and other uncompleted
items in the Agreement.
PASSED and ADOPTED this 2nd day of September, 1992 .
114
ATTEST:
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CITY OF M
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
N . -�
MEMORANDUMO � � Z
COMMISSION
TO: Mayor Seymour Gelber and DATE: Sept. 2, 1992
Members of the City Commission
FROM: Roger M. Carlton if
City Manager
SUBJECT: MIAMI BEACH STORM WATER UTILITY
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the City Commission approve an Interlocal Agreement
with Metropolitan Dade County to implement a Storm Water Utility for the City of Miami
Beach in accordance with the provisions of Codified Chapter 24, Article IV, of the Code of
Metropolitan Dade County.
BACKGROUND:
In keeping with Federal mandates,specifically,the Environmental Protection Agency National
Pollutant Discharge Elimination (NPDES) permit regulations for storm water discharges, the
City of Miami Beach, through an Interlocal Agreement with Dade County, is well underway
with the two part NPDES permit application. Part one of the two step process essentially
identifies the pollution sources. Step two is the development of a Master Plan including
maintenance, remedial actions and, most importantly, the funding source for these actions.
It is estimated that meeting the EPA-NPDES requirements, county-wide, including improving
p g
the storm water maintenance program will require over $12.0 million in Fiscal Year 91/92,
escalating to over $23.0 million by Fiscal Year 94/95. The City of Miami Beach has over 250
outfalls, many of which will require a great deal of remedial work. Due to our miles of
canals and shoreline, a substantial portion of the cost will be borne by the City of Miami
Beach.
In addressing the issue of funding the Board of County CommissionersP assed Ordinances
Number 91-66 and Number 91-120, creating a county-wide (including municipalities) utility
ordinance with a provision which allows municipalities the option of providing a different
source of funds if they choose to do so.
The storm water utility approach has been widely accepted throughout the state and nation
as the best way to provide a stable funding source to address issues of water quality, flooding,
ty
and system maintenance. The City of Miami, Tallahassee, Orlando, and Sarasota County, are
ounty
some of the twenty-nine established storm water utilities. There are an additional fifty-three
utilities �
t ties in various stages of implementation within the state.
The Metropolitan Dade County Ordinance, effective June 30, 1991, rovides the authority y to
adopt storm water utility fees sufficient to plan, construct, operate and maintain, ublicl
P Y
owned storm water management systems. Subject to determined needs, the fees can vary in
each municipality or jurisdiction. The storm water utility fee is based on a user fee concept
P
that is typical of existing potable water and sanitary sewer based utilities. Thero er
P P tY
owners are assigned equitable shares of the cost of storm water management, based on their 1
yr
AGENDA
ITEM
DATE
I • / I I
COMMISSION MEMORANDUM SEPTEMBER 6, 1992
PAGE 2
SUBJECT: MIAMI BEACH STORM WATER UTILITY
relative contribution of runoff to the storm water conveyance facilities. The relative runoff
contribution is estimated by the amount of impervious area on the parcel. This allows the
utility to equitably and fairly charge users, such that the charge reflects the degree of use
of the storm water conveyance capacity and associated maintenance and administration
costs. Of particular relevance to the City of Miami Beach, is that all the storm water
maintenance can be covered by this funding source and will provide the funding for future
improvements as may be mandated by Federal law.
ANALYSIS:
The cost per residential unit is $2.50 per month. Commercial properties are calculated
on a formula based upon the amount of impermeable land. This is equitable since
impermeable land creates off-site drainage needs. The estimated annual revenue will be
$1.5 million dedicated to the improvement of the City's storm water drainage system. The
specific projects will be approved by the City Commission each year.
CONCLUSION
The United States Environmental Protection Agency's National Pollutant Discharge
Elimination System permit requires a two-step multi-year permitting process involving the
entire County storm water systems.
It is the EPA's intent to evaluate and force elimination of pollutant discharges. This
program requires increased water quality and development of a master and management
plans.
It is the Administration's recommendation that the City Commission enter into an Interlocal
Agreement with Metropolitan Dade County which includes implementing a storm water
utility fee to fund the required storm water improvements and management plan.
RMC/RAG/b
Note: There will be changes to the proposed Agreement forwarded to the City
Commission on Monday, August 10, 1992.
2
. .
- /3_/,
STORMWATER UTILITY
INTERLOCAL AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
METROPOLITAN DADE COUNTY
STORMWATER UTILITY
METROPOLITAN DADE COUNTY
STORMWATER UTILITY (305) 375-3235
111 NORTHWEST FIRST STREET, SUITE 1310
MIAMI, FLORIDA 33128
10/28/92
h•
INTERLOCAL AGREEMENT FOR
STORMWATER MANAGEMENT
THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement " ] by and
between the Metropolitan Dade County Stormwater Utility, a public
body corporate and politic, through its governing body, the Board of
County Commissioners of Dade County, Florida [hereinafter sometimes
referred to as "UTILITY" , ] and the City of Miami Beach, a political
subdivision of the State of Florida, [hereina ter sometimes referred
to as "CITY" , ] is entered into this /5-4r4 day of j) C G •
1992 .
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 Ordinances No . 91-66 and
Ordinance No . 91-120 , as amended by Ordinance Nos . 92-44 and 92-86,
create a stormwater utility [hereinafter referred to as the
"UTILITY" , ] within the unincorporated area of the UTILITY, and which
UTILITY may, operate within a municipality or municipalities ; and
WHEREAS, it is the intent of the UTILITY and the CITY, through
this Agreement, to establish relationships and responsibilities for
planning, control, operation, construction, maintenance repair, and
enhancement of stormwater systems 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 UTILITY and the CITY enter into this Agreement to further the
following purposes :
(1) to protect and promote the public health, safety, and
general welfare through the management of stormwater run-off;
2
(2 ) to maintain and improve water quality and preserve and
enhance the environmental quality of the receiving waters ;
(3 ) to control flooding that results from rainfall events ;
(4) to deter unmanaged rainwater from eroding sandy soils and
causing the collapse of banks of waterways, which results in
sedimentation;
(5) to deter the disruption of the habitat of aquatic plants
and animals ;
( 6) to promote intergovernmental cooperation in effectively and
efficiently managing stormwater run-off;
(7) to plan for stormwater management, including scheduling and
conducting basin master planning studies and development of
stormwater management capital improvement programs ; and
(8) to provide for collection of stormwater utility revenue,
and verified allocation of funds for authorized expenses .
ARTICLE II
DEFINITIONS
Agreement shall mean this document, including any written
amendments hereto, the attachments, and other written documents which
are expressly incorporated herein by reference .
Basin Master Plan shall mean a plan developed to identify
the facilities, programs, and management necessary for comprehensive
control, treatment, and use of stormwater in a specified drainage
basin.
Drainage Basin shall mean a designated subdivision of a
watershed.
Equivalent Residential Unit (sometimes hereinafter referred
to as "ERU" ) shall mean the statistically estimated average
horizontal impervious area of residential developed property per
dwelling unit . This estimated average is calculated by dividing the
total estimated impervious area of four residential categories, to
wit, single family, mobile home, multifamily and condominium, by the
estimated total number of residential dwelling units . For the
purposes of the stormwater utility each dwelling unit, to wit, single
family residence, mobile home, multifamily, or condominium, is
assigned one ERU.
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 .
In-CITY Revenue shall mean the revenue obtained by the
CITY from parcels or portions of parcels located within the CITY
limits through utility user fees .
Major stormwater system shall mean a stormwater management
system identified on the maps indicated in Attachment "A" , including
public retention, detention, and exfiltration facilities .
Watershed shall mean a region draining into a river, river
system, or other body of water.
In addition to the above definitions, terms defined in
Metropolitan Dade County Ordinances No. 91-66 and No . 91-120,
codified in the Code of Metropolitan Dade County as Chapter 24,
Article IV of the Metropolitan Dade County Environmental Protection
Ordinance as amended from time to time, shall have the meanings
ascribed to them therein.
ARTICLE III
TERM
Initial Term
The initial term of this Agreement shall be for a period of five
(5) years beginning on the date of execution by both parties hereto,
provided, however, either party may terminate this Agreement without
cause prior to the expiration date upon one (1) year advance written
notice to the other party of such termination. In the event that the
CITY terminates this Agreement upon one year' s notice without
cause, the CITY shall create and implement a stormwater utility in
accordance with Ordinance No . 91-66 and shall, within thirty (30 )
days of the effective date of termination, pay the UTILITY all
UTILITY costs allocable to the CITY.
4
•
•
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. Upon the UTILITY' s request, the CITY shall share information
with the UTILITY in matters of flood control, surface water quality,
public works construction programs, land use and zoning
classifications, and other activities relating to stormwater
management systems .
B. The CITY shall provide notice to the UTILITY, as provided
herein, designating the project manager responsible for implementing
the tasks and responsibilities set forth herein. The CITY shall
promptly notify the UTILITY of any change in the project manager
designation by notice as specified in this Agreement .
C . For each UTILITY fiscal year, a CITY stormwater utility
budget will be developed by the CITY, subject to approval by
the UTILITY. The UTILITY-approved CITY stormwater utility budget
will define the annual administration, operation and maintenance,
planning, engineering, local drainage construction costs, capital
improvement expenses allocable to the CITY. Said budget shall be
submitted to the UTILITY no later than March 1st of each calendar
year.
D. The total revenue allocated to the CITY, as determined
above, shall be equal to the in-CITY revenue collected during that
fiscal year (October 1 - September 30 ) less applicable UTILITY costs .
E . The CITY will develop a master plan for all of the drainage
basins, subdrainage basins or fractional drainage basins within the
geographical boundaries of the CITY. The basin master plan developed
by theCITY shall be similar to and in conformance with the criteria,
specifications, format and content of the basin master plan developed
by the UTILITY for the unincorporated areas .
F. The CITY shall provide to the UTILITY annually by February
15th, or at such other time as is mutually agreed upon, a list of
stormwater capital improvement projects and local drainage projects
it proposes to be included in the next fiscal year stormwater utility
budget . The CITY shall provide a general description of, the
justification for, and the priority of each project proposed.
Capital projects within the CITY such as roadway improvement or
bridge construction whose primary purpose is not for stormwater
management cannot be funded by the stormwater utility.
5
G. The CITY shall pay the UTILITY the actual cost for the
development and implementation of the UTILITY within the CITY. The
CITY shall be responsible for CITY administration, staffing and
management of the UTILITY within CITY geographical limits . The costs
set forth in this paragraph IV(G) shall be incorporated in the CITY' s
annual Stormwater Utility budget .
H. The CITY shall develop a rolling, five (5) year Stormwater
Master Planning Program which shall be annually updated and which
shall be submitted to the UTILITY for review and approval .
I . Annually, the CITY shall perform a financial audit of funds
received and expenditures of the UTILITY within the CITY to determine
compliance with the requirements of the Agreement, and shall provide
a copy of the audit report to the UTILITY at a mutually agreed upon
date after the completion of the audit .
ARTICLE V
UTILITY RESPONSIBILITIES
A. The UTILITY has established, and shall maintain in effect, a
Stormwater Utility. The UTILITY is responsible for UTILITY
administration, staffing and management of the UTILITY.
B. The UTILITY shall develop and manage a Stormwater Master
Planning Program in the unincorporated areas, a copy of which shall
be provided to the CITY for the purpose of developing the CITY master
plan.
C . The UTILITY shall provide notice to the CITY as provided
herein, designating the Project Manager responsible for implementing
the tasks and responsibilities set forth herein. The UTILITY shall
promptly notify the CITY of any change in the Project Manager
designation by notice as specified in this Agreement .
D. The UTILITY shall review the CITY' s annual stormwater
utility budget proposal and shall provide to the CITY, during the
month of April, or at such other time as is mutually agreed upon, a
written response thereto. The annual budget shall be consistent with
the prioritization of projects established by the master plan after
said plan is approved by the UTILITY.
E . The UTILITY shall provide the CITY information on UTILITY
modifications or additions to stormwater management systems that may
interrelate with or affect the CITY stormwater management system.
F . The UTILITY shall review the CITY' s rolling five (5) year
Stormwater Master Planning Program and approve or reject in writing
the program. If the UTILITY rejects the program, the UTILITY shall
provide specific reasons for rejection and the CITY shall modify and
resubmit the program within thirty (30) days .
6
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• •
2 . Any and all rights provided under federal laws and the laws
of the State of Florida.
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially
fulfill any of its material obligations in accordance with this
Agreement, unless such failures are justified by Force Majeure, shall
constitute a "UTILITY event of default" .
If a UTILITY 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 UTILITY thereunder are terminated, effective upon
such date as is designated by the CITY;
2 . Any and all rights provided under federal laws and the laws
of the State of Florida .
ARTICLE IX
GOVERNING- LWT
This Agreement shall be governed by and construed in accordance
with the laws of the State of Florida. The UTILITY 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 X
ENTIRETY OF AGREEMENT
This Agreement incorporates and includes all prior negotiations,
correspondence, conversations, agreements, and understandings
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 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 .
8
ARTICLE XI
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 XII
RIGHTS 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 XIII
REPRESENTATION OF CITY
The CITY represents that (I) this Agreement has been duly
authorized, executed and delivered by the City of Miami Beach City
Commission, as the governing body of- the CITY, and (II) it has the
required power and authority to perform this Agreement .
ARTICLE XIV
REPRESENTATION OF UTILITY
The UTILITY represents that (I) this Agreement has been duly
authorized, executed and delivered by the Board of County
Commissioners, as the governing body of the UTILITY, and (II) it has
the required power and authority to perform this Agreement .
ARTICLE XV
WAIVER
There shall be no waiver of any right related to this Agreement
unless in writing 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 .
9
ARTICLE XVI
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.
ARTICLE XVII
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 UTILITY. CITY shall have control of the work
performed hereunder in accordance with the term of this Agreement and
of all persons performing the same, 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 as creating a partnership or
joint venture between the UTILITY and the CITY. No person performing
any of the work or services described hereunder shall be considered
an officer, agent, servant or employee of the UTILITY, nor shall any
such person be entitled to any benefits available or granted to
employees of UTILITY.
ARTICLE XVIII
INDEMNIFICATION
To the extent permitted by law, each party agrees to indemnify,
defend and save harmless the other, their appointed boards and
commissions, officials, officers, employees, individually and
collectively from all losses, claims, suits, demands, expenses,
subrogations, or actions of any kind resulting from all personal
injury including bodily injury and death, and property damage
occasioned during the term of this Agreement for its own acts or
omissions arising out of, because of, or due to the execution or
performance of the terms of this interlocal Agreement . However, the
parties do not, and shall not be deemed to have given any
indemnification for damages arising out of injury or damage to
persons or property caused by or resulting from the negligence of the
other party hereto or any of its officers, agents, or employees, if
applicable .
10
•
IN WITNESS WHEREOF, the CITY and UTILITY have hereto set their hands
and seals on the day and year 'ndicated below.
CITY C ' y of Miami : ach
BY: At*
Ma' ,Ipir
ATTEST: 4.. L.,.
City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
BY:
City tt rney
APPROVED BY DADE COUNTY ATTORNEY AS
TO FORM AND LEGAL SUFFICIENCY.
Q sU1 ITY COMMISSIONERS,
j'•UNTY, FLORIDA, AS GOVERNING
10;"‘U
OF THE O�ATER UTILITY
B
ATTEST:
Date Signed by the UTILITY
(SEAL)
MARSHALL ADER, Clerk of the
Circuit Court, Ex-Officio Clerk
of the Board of County Commissioners .•''GQ;*b.,•
Dade County, Florida oi 'b D4• <p%
••
BY• ,''
Deg) y Clerk
o
11
ATTACHMENT A
City of Miami Beach Stormwater Drainage Atlas
1 . Orginal copy maintained by the CITY.
12
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I, MARSHALL ADER, Clerk of the Circuit Court in and for Dade County,
Florida. and Ex-Officio Clerk of the Board of County Commissioners of said County.
DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of
Resolution No. R-1516-92 , adopted by the said Board of County
Commissioners at its meetingheld on December 15 , 19 92 .
IN WITNESS WHEREOF, I have hereunto set my hand and official seal on
this 18th day of December , A.D. 19 92 .
MARSHALL ADER, Clerk
Board of County Commissioners
Dade County. Florida
By ,.
/i/I
Deputy Clerk
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Board of County Commissioners
Dade County, Florida
102.01-3►;ev "2'90 yc-L:-:.A:(3sA to, uu-
RESOLUTION NO. 92-20579
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY STORM WATER UTILITY BY AND
THROUGH ITS DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT, AND AUTHORIZING THE CITY MANAGER TO
COMPLETE THE ATTACHMENTS AND OTHER UNCOMPLETED
ITEMS IN THE AGREEMENT.
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 Metropolitan of
Dade County (the "County") , did, by adoption of Dade County
Ordinances No. 91-66 and Ordinance No. 91-120, create a stormwater
utility within the unincorporated area of the County, and which
utility may, operate within a municipality or municipalities; and
WHEREAS, it is the intent of the County and the City, through
this Agreement, to establish relationships and responsibilities for
planning, control, operation, construction, maintenance repair, and
enhancement of stormwater systems located within the limits of the
City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are
hereby authorized to execute an Interlocal Agreement with
Metropolitan Dade County Storm Water Utility by and through its
Department of Environmental Resources Management, and authorizing
the City Manager to complete the attachments and other uncompleted
items in the Agreement.
PASSED and ADOPTED this 2nd day of September, 1992.
11
ATTEST:
if 40'
IL^-'\.C,A.5/4 00'Y ‘,41
City Clerk M•yor
PNB:lm FORM AP' !OVED
C:\resoluti\interloc.stm
L AlW PT. oOP
By
i�i
. . . . . .`
. . . . . .
.
.
STATE OF FLORIDA
COUNTY OF DADE:
IRICHARD E. BROWN. City Clerk of the
City Miami Beach, Fi: rida do herecertify
that the above and fm ' - '� � true and cor
np�r- �nf\\e \nth\s
rect copy of the original 1, ,.,.:(...3t ..
MEMORANDUM
Agenda Item No. 5(e) ( 16 )
Honorable Mayor and Members
DATE: December 15 , 1992
T O: Board of County Commissioners
Resolution Approving an
I 6;it. Air° SUBJECT: Interlocal Agreement with
the City of Miami Beach.
P L.S.
J.j •ui- G. Avino, P.E. , ,
FROM: County Manager
RECOMMENDATIONS
It is recommended that the Board approve the attached
resolution which authorizes the execution of an Interlocal
Agreement with the city of Miami Beach for the inclusion of
the City in the Metropolitan Dade County Stormwater utility.
The City of Miami Beach requested to become a part of the
County's Stormwater utility as provided for in Article IV,
Chapter 24, Section 24-61 .2 of the Metropolitan Dade County
Code.
BACKGROUND
The Metropolitan Dade County Stormwater Utility was
established as a county-wide utility by the Dade County Board
of County Commissioners adoption of Ordinance 91-66, creating
Article IV of Chapter 24 of the Code of Metropolitan Dade
County. The county-wide applicability of this utility sets a
uniform approach to stormwater managementin Dade County. The
municipalities were given the option to become part of the
County program or to create their own dedicated source of
stormwater funding in accordance with Section 403, Florida
Statutes .
The City of Miami Beach has opted to become part of the
Stormwater utility program. The proposed Interlocal
County' sMetropolitan Dade County
Agreement outlines City and Metro p
Stormwater Utility stormwater management program
responsibilities and stormwater fee collection procedures .
This Interlocal Agreement also provides for the coordination
of stormwater master planning and capital improvement
activities to the mutual benefit of both the City and County.
It
is therefore recommended that the Board approve the subject
Interlocal Agreement to include the City of Miami Beach in the
Metropolitan Dade County Stormwater Utility.
ATTACHMENTS
l
Agenda Item No. 5 (e) ( 16 )
12-15-92
RESOLUTION NO. R-1516-92
RESOLUTION AUTHORIZING EXECUTION OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI
BEACH WHICH PROVIDES FOR THE INCLUSION
OF THE CITY OF MIAMI BEACH IN THE
METROPOLITAN DADE COUNTY STORMWATER
UTILITY.
WHEREAS, this Board desires to accomplish the purposes
outlined in the accompanying memorandum, a copy of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board,
acting as the governing body of the Metropolitan Dade County
Stormwater Utility, hereby approves the Interlocal. Agreement
between the City of Miami Beach and the Metropolitan Dade
County Stormwater Utility, which Agreement provides for the
inclusion of the City of Miami Beach in the Metropolitan Dade
County Stormwater Utility, in substantially the form attached
hereto, and made a part hereof, and authorizes the County
Manager to execute same for and on behalf of the Utility, and
to exercise the termination provision contained therein:
The foregoing resolution was offered by Commissioner
Arthur E. Teel e, Jr. , who moved its adoption. The motion
was seconded by Commissioner Mary Collins , and
upon being put to a vote, the vote was as follows :
Agenda Item No. 5 (e ) ( 16 )
Page No. 2
Mary Collins aye
Charles Dusseau absent
Joseph M. Gersten aye
Larry Hawkins aye
Alexander Penelas aye
Harvey Ruvin aye
Arthur E. Teele, Jr. aye
Sherman S. Winn aye
Stephen P. Clark absent
The Maor thereupon declared the resolution duly passed
y P
and adopted this 15th day of December, 1992 .
c v
.
eO,•Go)ivi
v ' /0s•o
li- --- -i -----.� d1,6°. DADE COUNTY, FLORIDA
- . ,fir•-� ` 01, BY ITS BOARD OF
•
: : C s�t..�I T�• r� ; COUNTY COMMISSIONERS
e rte. , c� •
.. 0 `��?. �� ,; MARSHALL ADER, CLERK
4.42 * * •A
RAYMOND REED
Approved by County Attorney as BY
to form and legal sufficiency. Deputy Clerk
INTERLOCAL AGREEMENT FOR
S TORMWATE R MANAGEMENT
THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement " ] by and
between the Metropolitan Dade County Stormwater Utility, a public
body corporate and politic, through its governing body, the Board of
p
County Commissioners of Dade County, Florida [hereinafter sometimes
referred to as "UTILITY" , ] and the City of Miami Beach, a political
subdivision of the State of Florida, [hereinafter sometimes referred
to as "CITY" , ] is entered into this day of
1992 .
WI THE S S ETH
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, byadoption of Dade County Ordinances �o . 91-66 and
Ordinance No . 91-120 , amended asamended by Ordinance Nos . 92-44 and 92 -86,
create a stormwater utility [hereinafter referred to as the
"UTILITY" , ] within the unincorporated area of the UTILITY, and which
UTILITY may, operate within a municipality or municipalities ; and
WHEREAS, it is the intent of the UTILITY and the CITY, through
this Agreement, to establish relationships and responsibilities for
planning, control , operation, construction, maintenance repair, and
enhancement of stormwater systems located within the limits of the
CTTV
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 UTILITY and the CITY enter into this Agreement to further the
following purposes :
( 1 ) to
protect and promote the public health, safety, and
p
general welfare through the management of stormwater run-off ;
2
(2 ) to maintain and improve water quality and preserve and
enhance the environmental quality of the receiving waters ;
(3 ) to control flooding that results from rainfall events ;
(4 ) to deter unmanaged rainwater from eroding sandy soils and
causing the collapse of banks of waterways , which results in
sedimentation;
(5 ) to deter the disruption of the habitat of aquatic plants
and animals ;
( 6) to promote intergovernmental cooperation in effectively and
efficiently managing stormwater run-off;
(7 ) to plan for stormwater management, including scheduling and
conducting basin master planning studies and development of
stormwater management capital improvement programs ; and
(8) to provide for collection of stormwater utility revenue,
and verified allocation of funds for authorized expenses .
ARTICLE II
DEFINITIONS
Agreement shall mean this document , including any written
amendments hereto, the attachments , and other written documents which
are expressly incorporated herein by reference .
Basin Master Plan shall mean a plan developed to identify
the facilities , programs , and management necessary for comprehensive
control , treatment , and use of stormwater in a specified drainage
basin .
Drainage Basin shall mean a designated subdivision of a
watershed .
Equivalent Residential Unit (sometimes hereinafter referred
to as "ERU" ) shall mean the statistically estimated average
horizontal impervious area of residential developed property per
dwelling unit . This estimated average is calculated by dividing the
total estimated impervious area of four residential categories , to
wit , single family, mobile home, multifamily and condominium, by the
estimated total number of residential dwelling units . For the
purposes of the stormwater utility each dwelling unit , to wit , single
family residence, mobile home, multifamily, or condominium, is
assigned one ERU.
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, eartTqua e, 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 .
In-CITY Revenue shall mean the revenue obtained by the
CITY from parcels or. portions of parcels located within the CITY
limits through utility user fees .
Major stormwater s s}s_.em shall mean a stormwater management
system idents ie on t: e maps in icated in Attachment "A" , including
public retention, detent.k cn, and exfiltrat on tact] it les .
Watershed shall mean a region draining into a river, river
=' em,t or other body of water ,
....ter .... _•i
In addition to the above definitions , terms defined in
Metropolitan Dade County Ordinances No . 91-66 and No . 91-120 ,
codified in the Code of Metropolitan Dade County as Chapter 24,
Article IV of the Metropolitan Dade County Environmental Protection
Ordinance as amended from time to time, shall have the meanings
ascribed to them therein .
ARTICLE III
TERM
Initial Term
The initial term of this Agreement shall be for a period of five
( 5) years beginning on the date of execution by both parties hereto,
provided, however, either party may terminate this Agreement without
cause prior to the expiration date upon one (1) year advance written
notice to the other party of such termination . in the event that the
CITY terminates this Agreement upon one year' s notice without
cause, the CITY shall create and implement a stormwater utility in
accordance with Ordinance No , 91-66 and shall, within thirty (30)
days of the effective date of termination, pay the UTILITY all.
UTILITY costs allocable to the CITY,
4
,
•
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. Upon the UTILITY' s request, the CITY shall share information
with the UTILITY in matters of flood control, surface water quality,
public works construction programs, land use and zoning
classifications , and other activities relating to stormwater
management systems .
B. The CITY shall provide notice to the UTILITY, as provided
herein, designating the project manager responsible for implementing
the tasks and responsibilities set forth herein . The CITY shall
promptly notify the UTILITY of any change in the project manager
designation by notice as specified in this Agreement .
C . For each UTILITY fiscal year, a CITY stormwater utility
budget will be developed by the CITY, subject to approval by
the UTILITY. The UTILITY-approved CITY stormwater utility budget
will define the annual administration, operation and maintenance,
planning, engineering, local drainage construction costs , capital
improvement expenses allocable to the CITY. Said budget shall be
submitted to the UTILITY no later than March 1st of each calendar
year .
D. The total revenue allocated to the CITY, as determined
above, shall be equal to the in-CITY revenue collected during that
fiscal year (October 1 - September 30 ) less applicable UTILITY costs .
E . The CITY will develop a master plan for all of the drainage
basins, subdrainage basins or fractional drainage basins within the
geographical boundaries of the CITY. The basin master plan developed
by the CITY shall be similar to and in conformance with the criteria,
specifications , format and content of the basin master plan developed
by the UTILITY for the unincorporated areas .
F . The CITY shall provide to the UTILITY annually by February
15th, or at such other time as is mutually agreed upon, a list of
stormwater capital improvement projects and local drainage projects
it proposes to be included in the next fiscal year stormwater utility
budget . The CITY shall provide a general description of , the
justification for, and the priority of each project proposed.
Capital projects within the CITY such as roadway improvement or
bridge construction whose primary purpose is not for stormwater
management cannot be funded by the stormwater utility .
5
G . The CITY shall pay the UTILITY the actual cost for the
Development and implementation of the UTILITY within the CITY. The
CITY shall be responsible for CITY administration, staffing and
management of the UTILITY within CITY geographical limits . The costs
set forth in this paragraph IV(G) shall be incorporated in the CITY' s
annual Stormwater Utility budget .
H . The CITY shall develop a rolling, five (5 ) year Stormwater
Master Planning Program which shall be annually updated and which
shall be submitted to the UTILITY for review and approval .
I . Annually, the CITY shall perform a financial audit of funds
received and expenditures of the UTILITY within the CITY to determine
compliance with the requirements of the Agreement, and shall provide
a copy of the audit report to the UTILITY at a mutually agreed upon
date after the completion of the audit .
ARTICLE V
UTILITY RESPONSIBILITIES
A. The UTILITY has established, and shall maintain in effect , a
Stormwater Utility . The UTILITY is responsible for UTILITY
administration, staffing and management of the UTILITY
E . The UTILITY shall develop and manage a Stormwatey Maez.
Planning Program in the unincorporated areas, a copy of which shall
be provided to the CITY for the purpose of developing the CITY master
plan .
C . The UTILITY shall provide notice to the CITY as provided
herein, designating the Project Manager responsible for implementing
the tasks and responsibilities set forth herein . The UTILITY shall
promptly notify the CITY of any change in the Project. Manager
designation by notice as specified in this Agreement .
D. The UTILITY shall review the CITY' s annual stormwater
utility budget proposal and shall provide to the CITY, during the
month of April , or at such other time as is mutually agreed upon, a
written response thereto . The annual budget shall be consistentwith
the prioritization of projects established by the master plan after
said plan is approved by the UTIL TTY
E . The UTILITY shall provide the CITY information 01, uTlLI`1 y
modifications or additions to stormwater management systems that may
interrelate with or affect the CITY stormwater management system.
F . The UTILITY shall l review the CITY' s rolling five , H , year
Stcrmwater Master Planning Program and approve or reject in writing
the program. If the UTILITY rejects the program, the UTILITY shall
provide specific reasons for rejection and the CITY shall modify and
resubmit the program within thirty {.730 )
.
6
•
•
•
ARTICLE VI
RATES
The rate per ERU to be collected within the CITY geographical
boundary in a given year shall be established concurrently with the
stormwater budget process and shall be calculated as the number
derived by dividing the CITY' s proposed stormwater budget
expenditures by the total number of ERU' s located within the CITY.
ARTICLE VII
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 VIII
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 UTILITY 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 thereunder are terminated, effective upon such
date as is designated by the UTILITY;
7
64
2 . Any and all rights provided under federal laws and the laws
of the State of Florida .
UTILITY Event of Default
Without limitation, the failure by the UTILITY to substantially
fulfill any of its material obligations in accordance with this
Agreement , unless such failures are justified by Force Majeure, shall
constitute a "UTILITY event of default " .
If a UTILITY 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 UTILITY thereunder are terminated, effective upon
such date as is designated by the CITY;
2 . Any and all rights provided under federal laws aro the laws
of the State of Florida .
ARTICLE IX
GOVERNING LAW
This Agrec:Tlent shall be governed by and construed In accordance
with the laws of the State of Florida . The UTILITY 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 X
ENTIRETY OF AGREEMENT
This Agreement Incorporates and includes all prior negotiaLions,
correspondence, conversations , agreements , and understandings
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 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 dy executed by 17), parties hereto or
their authorized represent-
8
- 4
ARTICLE XI
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 XII
RIGHTS 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 XIII
REPRESENTATION OF CITY
The CITY represents that (I ) this Agreement has been duly
authorized, executed and delivered by the City of Miami Beach City
Commission, as the governing body of- the CITY, and (II ) it has the
required power and authority to perform this Agreement .
ARTICLE XIV
REPRESENTATION OF UTILITY
The UTILITY represents that (I ) this Agreement has been duly
authorized, executed and delivered by the Board of County
Commissioners , as the governing body of the UTILITY, and (II ) it has
the required power and authority to perform this Agreement .
ARTICLE XV
WAIVER
There shall be no waiver of any right related to this Agreement
unless in writing 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 .
9
ARTICLE XVI
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.
ARTICLE XVII
INDEPENDENT CONTRACTOR
CITY shall perform all work and services described herein a :; an
independent contractor and not as an officer, agent , servant , or
employee of the UTILITY. CITY shall have control of the work
performed hereunder in accordance with the term of this Agreememl: and
of all persons performing the same, 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 as creating a partner hip ►:
joint venture between the UTILITY and the CITY. No person performing
any of the work or services described hereunder shall be con ..dered
an officer, agent , servant or employee of the UTILITY, nor shall, any
such person be entitled to any benefits available or grant:ed t
employees of UTILITY.
ARTICLE XVIII
INDEMNIFICATION
To the extent permitted by law, each party agrees to indemnify,
defend and save harmless the other, their appointed boards and
commissions , officials , officers, employees, individually and
collectively from all losses, claims , suits, demands, expenses,
subrogat ions, or actions of any kind resulting from al i personal
injury including bodily injury and death, and property damage
occasioned during the term of this Agreement for its own acts or
omissions arising out o f, because of, or due to the execution or
performance of the terms of this inter3ocal Agreement . However, the
parties do not, and shall not be deemedto have given any
i
indemnification for damages arising out of injury or damage to
persons or property caused by or resulting from the negligence of Lhe
other party hereto or any of its officers, agents, or employees , if
applicable .
10
(c2--
- *
IN WITNESS WHEREOF, the CITY and UTILITY have hereto set their hands
and seals on the day and ye. r indicated below.
CITY City of Miami Bich
ig e
BY: id
M. •or
ATTEST: AL (_-
'mg' City Clerk
(SEAL)
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
BY:( 35
City tt rney
APPROVED BY DADE COUNTY ATTORNEY AS
TO FORM AND LEGAL SUFFICIENCY.
BOARD OF COUNTY COMMISSIONERS,
DADE COUNTY, FLORIDA, AS GOVERNING
BOARD OF THE STORMWATER UTILITY
BY:
ATTEST:
Date Signed by the UTILITY
(SEAL)
MARSHALL ADER, Clerk of the
Circuit Court, Ex-Officio Clerk
of the Board of County Commissioners
Dade County, Florida
BY:
Deputy Clerk
•
11
f3
ATTACHMENT A
City of Miami Beach Stormwater Drainage Atlas
1 . Orginal copy maintained by the CITY .
ORIGINAL
RESOLUTIOf\' NO. 92-20579
Authorizing the Mayor and City Clerk to
execute an interlocal agreement with
+ r
Metropolitan Dade County Storm Water
Utility by and through its Department of
Ir. Environmental Resources Management, and
authorizing the City Manager to complete •
the attachments and other uncompleted
items in the agreement.
, • v