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Home My Public Portal About1992-31 Pollution Discharge EliminationRESOLUTION No. 92-31 RESOLUTION TO AUTHORIZE THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT FOR PERFORMANCES BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVI- RONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH PART II OF THE NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE. WHEREAS, the Village of Key Biscayne wishes to establish a Stormwater Utility since the Village opted out of the Stormwater Utility of Metropolitan Dade with the adoption of Resolution 92-23, June 9, 1992; and WHEREAS, the Village must submit a Part II application as part of the U.S. Environmental Protection Agency requirements; SO THEREFORE, BE IT RESOLVED BY THE VILLAGE BOARD OF TRUSTEES THE FOLLOWING: 1. For the purpose of economy the Village Board of Trustees authorize the Mayor to execute an Interlocal Agreement, copy annexed, with Metropolitan Dade County Department of Environmental Resources Management (DERM) of Professional Services associated with Part II of the National Pollution Discharge Elimination System (NPDES) permit application by the Village of Key Biscayne; and 2. Funds in the amount not to exceed $9500.00 are appropriated from account Public Works Projects (6-30-90-98) to pay the Village's share of this application. PASSED AND ADOPTED this 1171 th of July, 1991. APPROVED: Mayo AT E•T: V' lage Clerk • PROVED AS TO LEGAL SUFFICIENCY: Village Attorney INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE TWO-PART NPDES PERMIT APPLICATION BY THE VILLAGE OF KEY BISCAYNE AND DERM This Interlocal Agreement ("Agreement") is made and entered into this day of , 1992, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY"] and the Village of Key Biscayne, [hereinafter sometimes referred to as the "CITY"], in order that the City may be included as a co-permittee as provided under the Environmental Protection Agency [hereinafter "EPA"] National Pollutant Discharge Elimination System [hereinafter "NPDES"] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule"], and that the professional services required to accomplish the, tasks set forth in the NPDES Final Rule may be initiated on behalf of both the CITY and the COUNTY as co-permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply: Agreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. CITY shall mean the Village of Key Biscayne, by and through its COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ("DERM"). 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. In all other instances, terms used in this Agreement shal- have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A"), incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 1993. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring the sampling, monitoring and analyzation (hereinafter "analysis") of a total of ten (10) outfalls County -wide as a requirement of the joint NPDES permit application. The parties hereby agree that the cost attributable to analysis of five (5) of the ten (10) outfalls shall be the joint responsibility of all participating municipalities, and the cost attributable to analysis of the remaining five (5) outfalls shall be the responsibility of the COUNTY, as set forth in this Agreement. The ten (10) outfalls designated for analysis are indicated in Attachment "B". Section IV COUNTY's Obligations Analysis of Outfalls The COUNTY shall monitor, sample and analyze the ten (10) designated outfalls in compliance with EPA NPDES permit application requirements. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct the analysis of the ten (10) designated outfalls. Report The COUNTY shall provide the CITY with a report which shall set forth the CITY's portion of the NPDES permit application and the results of the analysis of the ten (10) designated outfalls. Notice of DERM Meeting(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application. 2 Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish th( analysis of any one of ten (10) outfalls which may be locatea within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the analysis of any one of ten (10) outfalls which may be located within the CITY's jurisdiction. Section VI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of it's material obligations in accordance with this Agreement, unless excuses are justified by Force Majeure, shall constitute a "COUNTY event of default". 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; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VII City Event of Default In addition to the provision set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless excuses 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; 2. any and all rights provided under federal laws and the laws of the State of Florida. 4 Section VIII General Provisions Authorization to Represent CITY in NPDES Permit Application The CITY hereby authorizes the COUNTY to act on its behalf with respect to the outfall sampling portion of the NPDES permit application, and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES permit_ application. Attendance at DERM Permit Application Review Meetings The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other, party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the CITY's NPDES permit application have not been rendered by the COUNTY. Upon termination by either party, the CITY's NPDES permit application status shall revert to Individual Permit applicant. Entire Agreement; Prior Agreements Superseded; Amendment to 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 the parties hereto or their representatives. 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. _ 5 Notices and Approval Notices and approvals required oz contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Dade County Department of Environmental Resources Management 111 N.W. First Street, Suite 1310 Miami, Florida 33128 Attn: Department Director 305/375-3376 To City: Attn: 305/ Performance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement. 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. 6 Invalidity of Provisions The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. 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. IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the Village of Key Biscayne, Florida has caused this Agreement to be executed in its name by the Mayor or his designee, attested by the Clerk of the Village Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. Marshall Ader, Clerk of the Board METROPOLITAN DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: _By: By: Clerk of the Board County Manager FLORIDA Clerk of the City By: lerk AP ROVED AS TO FORM AND LE AL SUFFICIENCY By: Assistant County Attorney 7 Village of Key Biscayne, BY ITS COUNCIL Attest: By: May