HomeMy Public PortalAbout2000-60 Authorizing to execute the interlocal agreement between co-permittees named in National Pollutant Discharge Elimination System permit no. FLS000003 and Miami-Dade CountyRESOLUTION NO. 2000-60
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT
BETWEEN CO-PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY;
PROVIDING FOR CONTROL OF POLLUTANT
DISCHARGES BETWEEN MUNICIPAL SEPARATE STORM
SEWER SYSTEMS; 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 providing for control of discharges from any and all municipal separate storm sewer
systems that may be shared by any of the parties to this Agreement, on behalf of the Village, with
Miami -Dade County for the next five (5) years beginning November 16, 2000 and ending on
November 16, 2005.
Section 2. This agreement may be extended for multiple five (5) year terms, up to a
maximum of twenty-five (25) years, upon adoption of the co-permittees of a resolution approving
said extension and by approval of FDOT DISTRICT and FDOT TURNPIKE.
Section 3. Effective Date. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 5th day of December , 2000:-7—
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CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVF,D AS 0 FO LEGAL SUFFIC
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RICHARD JAY WEISS, VILLAGE ATTORNEY
MAYOR JOE-I:RA CO
MIAMI-DADE COUNTY, FLORIDA
MIAMI —D
BERM
November 7, 2000
Mr. C. Samuel Kissinger
Village Manager
85 West McIntyre Street
Key Biscayne, FL 33149
ENVIRONMENTAL RESOURCES MANAGEMENT
WATER MANAGEMENT DIVISION
SUITE 200
33 S.W. 2nd AVENUE
MIAMI, FLORIDA 33130-1540
(305) 372-6529
FAX (305) 372-6459
Re: Interlocal Agreements for Shared Stormwater Sewer Systems.
Dear Mr. Kissinger:
As discussed in the NPDES meeting of September 29, 2000, all co-permittees should subscribe
Interlocal Agreements addressing potential pollution situations in shared stormwater sewer
systems. This was established by US EPA as a permit condition.
Enclosed are three copies of the document of reference. In order to facilitate the signing
procedure, every co-permittee shall sign the three original documents, keep one signed original
for its records and send the other two originals to this office. When we receive all signed
originals from co-permittees, we will provide with copies of all signature pages to all co-
permittees.
If you have any questions, please call me at (305) 372-6880. Thank you for your attention in this
matter.
Sincerely,
Gonz4o Montes de Oca
Proje t Supervisor
GMO:np
Enclosures
Cc: Mr. Armando Nunez, Public Works Supervisor
INTERLOCAL AGREEMENT BETWEEN
CO-PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT NO. FLS000003;
PROVIDING FOR CONTROL OF
POLLUTANT DISCHARGES BETWEEN
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS
This Interlocal Agreement ("Agreement") is made and entered into this day of
November, 2000, by and between all co-permittees named in Permit No. FLS000003,
Authorization to Discharge under the National Pollutant Discharge System, to provide for
control of discharges from any and all municipal separate storm sewer systems that may
be shared by any of the parties to this Agreement, as required by 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"].
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 or CITIES shall mean the following municipalities named in NPDES Permit No.
FLS000003 as Co-Permittees: Town of Bay Harbor Islands, Bal Harbour Village, City of
Coral Gables, Indian Creek Village, City of North Bay Village, City of Miami Beach,
City of North Miami Beach, Miami Shores Village, City of North Miami, Town of
Golden Beach, Village of El Portal, City of Aventura, City of Sunny Isles Beach, Town
of Surfside, City of West Miami, City of South Miami, City of Homestead, City of Opa-
Locka, Village of Pinecrest, Town of Medley, City of Miami Springs, Village of Key
Biscayne, and the City of Hialeah Gardens.
COUNTY shall mean Miami -Dade County
FDOT DISTRICT shall mean the Florida Department of Transportation, District VI.
FDOT TURNPIKE shall mean the Florida Department of Transportation, Turnpike
District.
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
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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.
MS4 shall mean municipal separate storm sewer system, as set forth in 40C.F.R.122.26.
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"), as may be
amended from time to time and incorporated herein by reference.
Section II
Term of Agreement
The term of this Agreement shall commence upon the date of execution by the COUNTY
and shall remain in effect until November 16, 2005. This agreement may be extended for
multiple five(5) year terms, up to a maximum of twenty-five(25) years, upon adoption of
the co-permittees of a resolution approving said extension and by approval by FDOT
DISTRICT and FDOT TURNPIKE.
Section III
Purpose
40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements,
making each NPDES co-permittee responsible for discharges from their municipal
separate storm sewer system to the municipal separate storm sewer system of another
NPDES co-permittee or to the waters of the United States. This Agreement sets forth the
agreement of the CITIES, FDOT DISTRICT and FDOT TURNPIKE, and the
COUNTY with respect to shared responsibilities in the identification and control of
discharges from one municipal separate storm sewer system to another.
Section IV
General Responsibilities
Responsibility for Discharges The CITIES, COUNTY, FDOT DISTRICT and
FDOT TURNPIKE, as co-permittees on the NPDES MS4 Permit, shall each be
responsible for the control, investigation of and remedial activities relating to discharges
of pollutants from within their respective boundaries to the municipal separate storm
sewer system of another NPDES MS4 co-permittee, pursuant to the requirements of
40CFR 122.26(d)(2)(i)(D).
Identification of Discharges Both the co-permittee whose stormwater system generates
a pollutant discharge that impacts another co-permitee's system and the impacted co-
permittee agree to cooperate by providing the staff and equipment necessary to identify
the source of pollutant discharges emanating from the separate storm sewer system of one
co-permittee to the separate storm sewer system of another co-permittee.
Notification When pollutant discharges to a shared separate storm sewer system are
discovered, the CITIES, FDOT DISTRICT, FDOT TURNPIKE or COUNTY., or any
or all of the aforesaid, as applicable, which are the source of the discharge(s) agree to
report said discharges to the other affected parties sharing the particular MS4. The
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COUNTY shall assist, as needed, in any investigation and identification of a source of
the discharge. If the COUNTY discovers a discharge in the separate storm sewer system
of a CITY, FDOT DISTRICT, FDOT TURNPIKE or the COUNTY, the COUNTY
will investigate the source of the discharge and report its findings to the affected NPDES
co-permittees. When an investigation specifically identifies an NPDES co-permittee as
the source of a pollutant discharge, that co-permittee shall be responsible for ceasing the
discharge and remediating the effects of the discharge by restoring the affected MS4 in
accordance with applicable standards.
Dispute Resolution when the parties sharing a MS4 cannot agree on the source of a
discharge to their shared MS4, the State of Florida Department of Environmental
Protection, Watershed Management Bureau, shall be the final arbiter in determining
jurisdiction and responsibility for cessation of discharge, remediation, and final
resolution.
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.
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 this
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.
Notices and Approval Notices, approvals, and correspondence required or 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:
Miami -Dade County Department of
Environmental Resources Management
33 SW 2nd Avenue, Suite 1200
Miami, FL 33130
Attn: Department Director
305/372-6789
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To City,
FDOT Turnpike,
FDOT District:
Attn:
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 expressed 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, CITIES, FDOT DISTRICT and
FDOT TURNPIKE 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 Miami -Dade County, Florida, or in the United States District Court for
the Southern District of Florida, in Miami -Dade County, Florida.
Section V
Indemnification
The COUNTY, CITIES, FDOT DISTRICT and FDOT TURNPIKE do hereby agree
to indemnify and hold harmless each other to the extent and within the limitations of
Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY,
CITIES, FDOT DISTRICT or FDOT TURNPIKE 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 judgments or portions thereof, which, when totaled
with all other occurrence, exceeds the sum of $200,000 from any and all personal injury
or property damage claims, liabilities, losses and causes of action which may arise solely
as a result of the negligence of the COUNTY, CITIES, FDOT DISTRICT or FDOT
TURNPIKE. However, nothing herein shall be deemed to indemnify the entity from any
liability or claim arising out of the negligent performance or failure of performance of the
entity or any unrelated third party
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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 City Mayor or his designee, attested by the Clerk of the City 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 -DARE 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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