HomeMy Public PortalAbout2000-44 Authorizing interlocal agreement with Miami-Dade County re: Five Year National Pollutant Discharge Elimination System (NPDES) MS4 PermitRESOLUTION NO. 2000-44
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN THE VILLAGE OF KEY BISCAYNE AND
MIAMI-DADE COUNTY FOR PROFESSIONAL SERVICES
ASSOCIATED WITH THE FIVE YEAR NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) MS4 PERMIT; PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. The Village Manager is hereby authorized to execute the attached interlocal
agreement, on behalf of the Village, with Miami -Dade County for performance of professional
services associated with the National Pollutant Discharge Elimination System (NPDES) MS4 Permit
for the next five (5) years beginning November 16, 2000 and ending on November 16, 2005.
Section 2. Effective Date. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 29th day of August , 2000. �---
z
MAYOR JOE I. RASCO
CONCHITA H. ALVAREZ, CMC, VILL
APPROVED AS TO FORM AND LEGAL
RICHARD JAY WEISS, VILLAGE ATTORNEY
MIAMI-DADE COUNTY, FLORIDA
MIAMI-0ADE
ERM
ENVIRONMENTAL RESOURCES MANAGEMENT
WATER MANAGEMENT DIVISION
SUITE 200
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6529
FAX (305) 372-6459
August 17, 2000
Mr. C. Samuel Kissinger
Village Manager
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, FL 33149
Re: NPDES Interlocal Agreements Renewal
Dear Mr. Kissinger:
Enclosed is a revised version of the Interlocal Agreement between your municipality or agency
and Miami -Dade County for performance of professional services associated with the five year
National Pollutant Discharge Elimination System (NPDES) MS4 Permit.
The current agreement elapses on November 16, 2000. It is very important that this renewal
agreement is executed by your municipality by the end of October and returned for the County's
execution. The only changes to this document have been the cost -share amounts, Attachment
B,
lowering the co-permittees costs, and the new expiration date will be November 16, 2005.
Except for minor grammatical changes, all other sections of the agreement will stay the same.
If you have any questions, please call Gonzalo Montes de Oca of my Office at (305) 372-6880.
DKV:GMO:np
Enclosure
Sincerely,
—4 roK.
nan1. Valdes, P.E., Chief
Water Management Division
INTERLOCAL AGREEMENT BETWEEN AND
MIAMI-DADE COUNTY FOR PERFORMANCE OF
PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE
YEAR NPDES OPERATING PERMIT
This Interlocal Agreement ("Agreement") is made and entered into this day of 2000, by and
between Miami -Dade County [hereinafter referred to as the "COUNTY"] and the City of , [hereinafter
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 referred to as the "EPA"] National Pollutant Discharge
Elimination System [hereinafter referred to as "NPDES"] Permit Application Regulations for Storm Water
Discharges; Final Rule [hereinafter referred to as "NPDES Final Rule"], and that the professional services
required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit may
be initiated and performed 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 , by and through its
COUNTY shall mean Miami -Dade County.
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 shall 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,
2005.
Section III
Scope of Work
The parties hereto stipulate and agree that the EPA is requiring as part of a five year NPDES MS4 Operating
Permit the sampling, monitoring, and analysis of a variety of storm sewer systems throughout Miami -Dade
County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be
the joint responsibility of all participating municipalities, and shall be based on a percentage rate obtained by
dividing the number of outfalls that drain to United States bodies of water existing in each participating
municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees.
Section IV
COUNTY's Obligations
Compliance with NPDES MS4 Operating Permit The COUNTY shall perform all analyses and related
activities as required in Miami -Dade County's NPDES MS4 Operating Permit.
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 activities under the NPDES MS4 Operating Permit.
Report The COUNTY shall provide the CITY with a report with the results of all monitoring and sampling
ivities required under the NPDES operating Permit.
Notice of DERM Meeting The COUNTY shall provide the CITY with oral or written notice of all regular
meetings held by COUNTY staff for the purpose of reviewing the compliance status with the NPDES MS4
Operating Permit.
Section V
CITY's Obligations
Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as
promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate
and current.
Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or
vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such
equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to
complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating
Permit.
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Compensation Within ten (10) days from the date of execution of this Agreement, the CITY shall make a lump
sum payment to the COUNTY of its proportional share of the payment due to the COUNTY for associate'
monitoring activities which are the CITY's financial obligation pursuant to this Agreement. The sum due sh
be determined by dividing the total cost for analyses by the relative percentages that each participating
municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated
and agreed that the total cost for analyses is a yearly stipend. The yearly cost as calculated will be subsequently
due on the anniversary date of execution of this Agreement in years two (2), three (3), four (4), and five (5) of
the five year NPDES MS4 Operating Permit. Failure to pay the agreed -upon lump sum payment or subsequent
payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the
CITY's NPDES MS4 Operating Permit status to Individual Permit Holder. The proportional share of each co-
permittee has been calculated and is listed on Attachment "B".
Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to
accomplish the analysis of any storm sewer systems which may be located 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 above activities that may be located within the CITY's jurisdiction.
Section VI
Indemnification
To the extent permitted by law, the CITY shall indemnify and hold harmless the COUNTY and its
officers, employees, agents and instrumentalities from any and all liability, losses or damages, includ
attorneys' fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities
may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising
out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents,
servants, partners, principals, subconsultants or subcontractors. The CITY shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments,
and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that statute whereby the
CITY shall not be held liable to pay a personal injury or property damage claim or judgment by any one person
which exceeds the sum of $100,000, or any claim or judgment or portions thereof, which, when totaled with all
other claims or judgment paid by the CITY arising out of the same incident or occurrence, exceed the sum of
$200,000 from any and all personal injury or property damage claims, liabilities, losses or causes of action
which may arise as a result of the negligence of the CITY.
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Section VII
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 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 VIII
City Event of Default
In addition to the provisions 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 justified
by Force Majeure, shall constitute a "CITY Event of Default".
..L a CITY Event of Default should occur, the COUNTY shall have all of the following rights and remedies
which it may exercise singularly 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.
Section IX
General Provisions
Authorization to Represent the CITY in NPDES MS4 Operating Permit The CITY hereby authorizes the
COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES MS4
Operating Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of
the NPDES MS4 Operating Permit.
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Attendance at COUNTY Permit Review Meetings. The CITY may, but is not required to, attend any or all
regular meetings held by COUNTY staff for the purpose of reviewing the status of the NPDES MS4 Operating
Permit.
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 NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by
either party, the NPDES MS4 Operating Permit status of the CITY shall revert to Individual Permit Holder.
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.
Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written a
personally served or mailed, registered or certified United States mail, with return receipt requested, addresst..0
to the parties as follows:
To County:
Miami -Dade County Department of Environmental
Resources Management
33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130
Attn: Department Director 305/372-6789
To City:
Attn:
305/
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fornlance by Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over
Lne 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 met 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.
Severability 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
_iving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall
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, Miami -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 City of
, Florida has caused this Agreement to be executed in its name by the Town Mayor
or his designee, attested by the Clerk of the Town Council and has caused the seal of the Council to be hereto
attached, all on the day and year first written above.
Clerk of the Board
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
By: By:
Clerk of the Board County Manager
Clerk of the
City of , FLORIDA
BY ITS COUNCIL attest:
By: By:
Clerk City Mayor
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ATTACHMENT "B"
"ANNUAL MONITORING COSTS FOR DADE COUNTY AND
CO-PERMITTEES"
Municipality/Agency
Number of Percentage Total of Dollar Contribution for
Outfalls Outfalls NPDES County Plus C.P.1
1. Bal Harbour Village 11 0.3 1,350
2. Town of Bay Harbor Islands 54 1.6 7,200
3. City of Coral Gables 104 3.0 13,500
4. Miami -Dade County 1,495 42.9 193,050
5. Fla. Dept. of Trans. (FDOT) 740 21.3 95,850
6. Town of Golden Beach 39 1.1 4,950
7. City of Hialeah Gardens 4 0.1 450
8. City of Homestead 6 0.2 900
9. Indian Creek Village 13 0.4 1,800
10. Town of Medley 1 0.1 450
11. City of Miami Beach 206 5.9 26,550
12. Miami Shores Village 36 1.0 4,500
13. City of Miami Springs 2 0.1 450
14. City of North Bay Village 52 1.5 6,750
15. City of North Miami 163 4.7 21,150
16. City of North Miami Beach 222 6.4 28,800
17. City of Opa-Locka 9 0.3 1,350
18. City of South Miami 12 0.3 1,350
19. Town of Surfside 12 0.3 1,350
20. City of West Miami 2 0.1 450
21. Village of Key Biscayne 23 0.7 3,150
22. Village of Pinecrest 62 1.8 8,100
23. City of Aventura 110 3.2 14,400
24. Village of El Portal 7 0.2 900
25. City of Sunny Isles Beach 87 2.5 11,250
Totals 3,472 100.0 $450,0002
'C.P. is Co-Permittees
2Tota1 Annual Cost of County and Co-Permittees' NPDES Requirements
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