HomeMy Public PortalAbout12-19 Control of National Pollutant Discharge Elimination System 1st Reading: July 25, 2012
2nd Reading: September 12, 2012
Public Hearing: September 12, 2012
Adopted: September 12, 2012
Effective Date: September 13, 2012
Sponsored by: City Manager
ORDINANCE NO. 12-19
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO NEGOTIATE AND ENTER INTO A FIVE (5)
YEAR INTERLOCAL AGREEMENT AS CO-PERMITTEES
WITH MIAMI-DADE COUNTY FOR PROFESSIONAL
SERVICES PERTAINING TO THE CONTROL OF NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES),
PERMIT NO FLS000003-0003,IN AN AMOUNT NOT TO EXCEED
SEVEN THOUSAND FIVE HUNDRED ELEVEN DOLLARS
($7,511.00) ANNUALLY, PAYABLE FROM ACCOUNT NO. 43-
538340; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING
FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the interlocal agreement between the City of Opa-Locka (co-permittee) and
Miami-Dade County is to provide for control of discharges from any and all municipal separate
storm sewer systems that may be shared with other co-permittees of Permit No. FLS0000003,
pursuant to F.S. Section 403.0885; and
WHEREAS, the City of Opa-locka, a co-permittee named in the Florida Department of
Environmental Protection (FDEP), Permit Number FLS0000003-003, is authorized to discharge
under the National Pollutant Discharge Elimination System (NPDES); and
WHEREAS, the proposed agreement is a five (5) year agreement, that will supersede the
current Interlocal Agreement, beginning on October 1, 2012, and expiring on September 30, 2017,
or until a Replacement Interlocal Agreement is executed; and
Ordinance No. 12-19
WHEREAS, the City Commission finds it is in the best interest of the City to enter into an
Interlocal Agreement with Miami-Dade County for professional services in the National Pollutant
Discharge Elimination System (NPDES).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF OPA LOCKA, FLORIDA, AS FOLLOWS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka, hereby authorizes and directs
the City Manager to negotiate and enter into a five (5) year Interlocal Agreement with Miami Dade
County as co-permittees for professional services pertaining to the control of National Pollutant
Discharge Elimination System (NPDES), Permit No FLS000003-003, in an amount not to exceed
Seven Thousand Five Hundred Eleven Dollars ($7,511.00) annually, payable from Account No. 43-
538340, in substantially the same form attached hereto.
Section 3. All ordinances or resolutions or parts of ordinances or resolutions in conflict
herewith, are hereby repealed.
Section 4. If any portion, section,phrase or clause of this Ordinance is held invalid by a
court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this
Ordinance.
Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is
recodified.
Section 6. This Ordinance shall, upon adoption, become effective immediately.
2
Ordinance No. 12-19
PASSED AND ADOPTED THIS 12th DAY OF September, 2012.
/ MY TAYLOR
MAYOR
test to: Approved as to fo and legal sufficien
,�t � � I *t/Jg
•.nna Flores J% .e "t Geller
I terim City Clerk ' y Attorney
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
3
ND SUNDAY,SEPTEMBER 2,2012 19ND
"0 "ta
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will
hold public hearings at its Regular Commission Meeting on Wednesday,September 12,2012
at 7:00 p.m.at the Opa-locka Municipal Complex,780 Fisherman Street,2nd Floor,Opa-locka,
Florida to consider the following items:
SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND ENTER
INTO A FIVE (5) YEAR INTERLOCAL AGREEMENT AS CO-PERMITTEES WITH
MIAMI-DADE COUNTY FOR PROFESSIONAL SERVICES PERTAINING TO THE
CONTROL OF NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES),PERMIT NO FLS000003-0003,IN AN AMOUNT NOT TO EXCEED SEVEN
THOUSAND FIVE HUNDRED ELEVEN DOLLARS ($7,511.00), PAYABLE FROM
ACCOUNT NO. 43-538340; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION
AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held
on July 25,2012).Sponsored by C.M.
AN ORDINANCE OF THE CITYCOMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,
TO REZONE 2070 LINCOLN AVENUE (FOLIO NO. 08-2122-003-570), OWNED BY
MAGNOLIA NORTH APARTMENT,LLC,FROM R-2(TWO-FAMILY)ZONING DISTRICT
TO THE MAGNOLIA NORTH REDEVELOPMENT OVERLAY DISTRICT (MNRO),
WITH SPECIAL EXCEPTIONS; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY
AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
July 25,2012).Sponsored by C.M.
RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, TO GRANT FINAL SITE PLAN APPROVAL FOR CONSTRUCTION OF A •
127-UNIT RESIDENTrAL SENIOR HOUSING DEVELOPMENT PROJECT AT THE `.
COMBINED SITE OF 551 FISHERMAN STREET AND 300 SHARAZAD BOULEVARD,
OPA-LOCKA, FLORIDA, DESCRIBED IN FOLIO NUMBERS 0821210041610,
0821210041620 AND 0821210041630 CONSISTING OF 1.78±ACRES; PROVIDING
FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING A DEVELOPMENT AGREEMENT CONCERNING A
DEVELOPMENT CONSISTING OF 1.78± ACRES LOCATED AT 551 FISHERMAN
STREET AND 300 SHARAZAD BOULEVARD, OPA-LOCKA, FLORIDA; PROVIDING
FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above items may be obtained in the Office of the City Clerk,
780 Fisherman Street, 4"h Floor, Opa-locks, Florida. All Interested persons are encouraged to
attend this meeting and will be heard with respect to the public hearing.
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,
agency, or commission with respect to any matter considered at such meeting or hearing will
need a record of the proceedings,and for that reason,may need to ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon which the
appeal may be based.
JOANNA FLORES,CMC
INTERIM CITY CLERK
•
•
OQp-LOCkO
4
OOO
•U n
2�o Jury
H,.ORAT
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 7/25/2012 Item Type: Resolution Ordinance Other
Date: x
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
x Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
Ex: Storm Water (EnterX in box) x
Account#43-538340 Mgmnt.
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) N/A
•
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
X Enhance Organizational p
Bus.&Economic Dev p 1. Required to comply with
Public Safety - FDEP.
Quality of Education
Qual.of Life&City Image I.
Communcation
Sponsor Name City Manager Department: Public Works
Short Title:
Renewal of Interlocal Agreement with Miami-Dade County for Professional Services as required for NPDES
Permit with FDEP
Staff Summary:
City of Opa-locka is a Co-Permittee named in Florida Department of Environmental Protection Permit Number
FLS000003-00 authorized to discharge under the National Pollutant Discharge Elimination System (NPDES). The
required professional services such as sampling, monitoring, and analysis of water quality are included in the
interlocal agreement and the costs are based on the number of outfalls which drain to United States bodies of
water existing in the geographical boundaries of the city of Opa-locka.
1
Proposed Action:
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
NPDES MS4 Operating permit.
Attachment:
1. Agenda
2. Interlocal Agreement Cover Letter by County
3. Interlocal Agreement Cost Table
4. Interlocal Agreement
5. Resolution #07-7098, and 05-6772
2
Q„LO pk
O f° q
o
MEMORANDUM
TO: Mayor Myra AtLO Ta
y
lor
Vice-Mayor Dorothy Johnson
Commissioner 1'mothy 11 • :.
Commissioner Rose Ty i v.
Commissioner G+it r' •
FROM: Kelvin L.Baker,Sr., City Manag / ■
II
DATE: July 25,2012
RE: Renewal of Interlocal Agreement with Miami-Dade County for Professional Services as
required for NPDES MS4 Operating Permit Number FLS000003-003
Request: APPROVAL OF AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO ENTER
INTO AN INTERLOCAL AGREEMENT WITH MIAMI DADE COUNTY FOR PROFESSIONAL
SERVICES IN THE AMOUNT NOT TO EXCEED $7,511.00 PERTAINING TO THE
IDENTIFICATION AND CONTROL OF POLLUTANTS SET FORTH IN THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) FINAL RULE AND THE NPDES
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OPERATING PERMIT BY THE
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP)
PURSUANT TO SECTION 403.0885, FLORIDA STATUTES, AND FDEP RULE 62-624, FLORIDA
ADMINISTRATIVE CODE, AND THE ENVIRONMENTAL PROTECTION AGENCY (EPA)
NPDES PERMIT NUMBER FLS000003-00 FOR STORM WATER DISCHARGES FOR FIVE
YEARS (FY 12/13 TO FY 16/17).
Description: City of Opa-locka is a Co-Permittee named in Florida Department of Environmental
Protection Permit Number FLS000003-003 authorized to discharge under the National Pollutant Discharge
Elimination System(NPDES). The required professional services such as sampling, monitoring, and analysis
of water quality are included in the interlocal agreement required set forth in the NPDES Final Rule and the
NPDES MS4 Operating Permit. The costs are based on the number of outfalls which drain to United States
bodies of water existing in the geographical boundaries of the city of Opa-locka.
Financial Impact: The required fund is proposed in FY 2013 budget.
Account Number: 43-538340
Implementation Time Line: On execution of the agreement, Miami Dade Transit will present to the
County Board of Commissioners for approval. This Agreement shall become effective, and supersede the
current interlocal agreement, on October 1, 2012. This Agreement shall expire on September 30, 2017, or
until a replacement interlocal agreement is executed, whichever is later.
1
r
Legislative History: Resolution#07-7098, and 05-6772
Recommendation(s):
Staff recommends approval in order to be compliant with all applicable regulations pertaining to stormwater
NPDES MS4 Operating Permit.
Analysis: There is a current NPDES Interlocal agreement for water monitoring between the city of Opa-
locka and Miami-Dade County, which expires on November, 2012. Under the interlocal agreement Miami-
Dade County will provide necessary professional services for compliance with FDEP requirements for
NPDES MS4 Operating Permit. All Co-Permittees in Miami-Dade County are also renewing their
agreements with Miami-Dade County.
Attachment(s):
1)Interlocal Agreement Cover Letter by County
2)Interlocal Agreement Cost Table
3)Interlocal Agreement
4)Resolution#07-7098, and 05-6772
Prepared By: Mohammad Nasir,PE,Interim Public Works Director
Arshad Vigar,PE,Project Utilities Engineer
END OF MEMORANDUM
2
Department of Regulatory and Economic Resources
MIAMI•DIi4DE Environmental Resources Management
701 NW 1st Court,2nd Floor
COUNTY Miami,Florida 33136-3912
Carlos A. Gimenez, Mayor
T 305-372-6925 F 305-372-6954
miamidade.gov
June 20, 2012
Dear NPDES Co-Permittee,
Please find attached the following:
1. A five (5)year(FY 2012/13 to FY 2016/17) Interlocal Agreement between Co-Permittees named
in NPDES Permit No. FLS000003-003
2. Attachment "A"for FY 2012-13
3. Two (2) copies of the Execution in Counterparts signature form. Please return to us two (2)
original executed forms as soon as you obtain approvals, and execute them. We hope to
receive those by July 27, 2012. If you cannot meet that deadline, please advise us on your
earliest possible Commission or Council meeting date so we may be aware of any needed
changes to this deadline.
Thank you all for your assistance and helpful feedback.
Sincerely,
Curt L.A. Williams, Manager
Stormwater Utility Section
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INTERLOCAL AGREEMENT BETWEEN ALL CO-
PERMITTEES NAMED IN NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT NO.
FLS000003-003 AND MIAMI-DADE COUNTY PROVIDING
FOR PERFORMANCE OF PROFESSIONAL SERVICES BY
MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-
PERMITTEES PROVIDING FOR IDENTIFICATION AND
CONTROL OF POLLUTANT DISCHARGES IN SHARED
MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO
NEGOTIATE AND EXECUTE CHANGES TO THE
SELECTION OF ACTIVITY PARTICIPATION BY CO-
PERMITTEES
This Interlocal Agreement ("Agreement") is made and entered into by, and between, all CO-PERMITTEES
named in Florida Department of Environmental Protection Permit Number FLS000003-003, Authorization to
Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for
identification and control of discharges from any and all Municipal Separate Storm Sewer Systems (MS4s) that
may be shared by any of the parties to this Agreement, as required by the State of Florida Department of
Environmental Protection (hereinafter referred to as DEP) pursuant to Section 403.0885, Florida Statutes, and
DEP Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter
referred to as the "EPA") National Pollutant Discharge Elimination System (hereinafter referred to as
"NPDES") Permit Regulations for Storm Water Discharges Final Rule (hereinafter referred to as "NPDES
Final Rule"). This Agreement further provides for the professional services required to accomplish the tasks set
forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed by
Miami-Dade County on behalf of both the CO-PERMITTEES and MIAMI-DADE COUNTY. This
Agreement also provides for the negotiation and execution of changes to the selection of activity participation
by 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.
CO-PERMITTEE or CO-PERMITTEES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003-003 as CO-PERMITTEES: City of Aventura, Bal Harbour Village, Town of
Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of
Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of Key Biscayne,
Town of Medley, City of Miami Beach, City of Miami Gardens, Town of Miami Lakes, Village of Miami
Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach,
City of Opa-locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles
Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of
Transportation (FDOT) District VI, Florida Department of Transportation (1-'DOT) Turnpike Enterprise,
Miami-Dade Expressway Authority (MDX), and Miami-Dade County.
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.
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.
Section II
Term of Agreement
This Agreement shall become effective, and supersede the current interlocal agreement, on October 1, 2012.
This Agreement shall expire on September 30, 2017, or until a replacement interlocal agreement is executed,
whichever is later.
Section III
Scope of Work
The parties hereto agree that the EPA is requiring as part of the 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 water monitoring annual costs (Activity 1) attributable to this operating permit shall be
shared by those CO-PERMITTEES who elect to participate in this Activity, and the costs shall be based on a
percentage rate obtained by dividing the number of outfalls which drain to United States bodies of water
existing in the geographical boundaries of each CO-PERMITTEE by the total number of outfalls existing
within the geographic boundaries of all CO-PERMITTEES.
The parties further agree that the best management practices (BMP) (Activity 2) and basin management action
plan (BMAP/WTW) (Activity 3) costs attributable to this operating permit shall be shared by those CO-
PERMITTEES who elect to participate in these Activities, and the costs shall be based on a percentage rate
obtained by dividing the roadway MS4 drainage area existing in the geographical boundaries of each CO-
PERMITTEE by the total roadway MS4 drainage area existing within the geographic boundaries of all CO-
PERMITTEES. These costs are included in Attachment "A" of this Agreement.
Furthermore, 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 MS4 to the MS4 of another NPDES
CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO-
PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to shared
responsibilities in the identification and control of discharges from one MS4 to another.
Section IV
COUNTY's Obligations
1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and
sampling activities as required in Miami-Dade County's NPDES MS4 Operating Permit.
2
2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the
exception of permits and approvals required by CO-PERMITTEES, if any, which shall be obtained by the
respective CO-PERMITTEE), which are required to perform activities under the NPDES MS4 Operating
Permit.
3. Report The COUNTY shall provide the CO-PERMITTEES with a report, on an annual basis, with the
results of the monitoring and sampling activities required under the NPDES Operating Permit.
4. Notice of COUNTY Meeting The COUNTY shall provide the CO-PERMITTEES 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
CO-PERMITTEES' Obligations
1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to
prevent theft or vandalism of COUNTY equipment located within the CO-PERMITTEE'S geographic
boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO-
PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling
and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit.
2. Compensation Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed
over the preceding fiscal year in accordance with Attachment "A", and as specified in the Execution in
Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within
six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year.
Payment by the CO-PERMITTEE is to be made not later than forty-five (45) days after the bill
presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement
shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The
expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and
paid by the CO-PERMITTEES during the following fiscal year.
3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as
necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems
which may be located within the CO-PERMITTEE'S geographic boundary.
Section VI
Indemnification
The CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's 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 CO-PERMITTEE or its employees, agents,
servants, partners, principals or subcontractors. The CO-PERMITTEE 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,judgements
•
3 •
and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the
extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute
whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or
judgement by any one person which exceeds the sum of $200,000, or any claim or judgement or portions
thereof, which, when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of
the same incident or occurrence, exceed the sum of $300,000 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 CO-
PERMITTEE, provided further that any CO-PERMITTEE's liability hereunder shall be based on that CO-
PERMITEE's performance of this Agreement only, and no CO-PERMITTEE shall be liable for
indemnification based on another CO-PERMITTEE's performance of this Agreement.
The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the CO-PERMITTEE 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 COUNTY or its employees, agents, servants,
partners, principals or subcontractors. The COUNTY 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 CO-
PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements 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
COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one
person which exceeds the sum of$200,000, or any claim or judgement or portions thereof, which, when totaled
with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence,
exceed the sum of $300,000 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 COUNTY.
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 CO-PERMITTEE 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 CO-PERMITTEE;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
4
Section VIII
Co-Permittee Event of Default
Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations
in accordance with this Agreement, unless justified by Force Majeure, shall constitute a " CO-PERMITTEE
Event of Default".
If a CO-PERMITTEE 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 CO-PERMITTEE 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
1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit The CO-
PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities
under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and
BMAP portions under the NPDES MS4 Operating Permit.
2. Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEE 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.
3. Responsibility for Discharges The CO-PERMITTEES shall each be responsible for the control,
investigation of and remedial activities relating to discharges of pollutants from within their respective
MS4 or 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).
4. 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.
5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the
CO-PERMITTEES, or COUNTY, or any of the foregoing, 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
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 CO-PERMITTEE 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 a NPDES CO-
PERMITTEE as the source of a pollutant discharge, then that CO-PERMITTEE shall be responsible
5
for ceasing the discharge and remediating the effects of the discharge by restoring the affected MS4 in
accordance with applicable standards.
6. 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, Bureau of Watershed
Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of
discharge, remediation, and final resolution.
7. Termination Each party may terminate that particular party's participation in this Agreement without
cause by providing sixty (60) days prior written notice of termination to the other parties to this
Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY
only in the event of termination without cause by the COUNTY, and the CO-PERMITTEE 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 any party, the
NPDES MS4 Operating Permit status of that party shall be the sole responsibility of that party.
8. 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.
9. 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.
10. Notices and Approval Notices and approvals 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 listed in Section I of this Agreement.
11. 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.
12. 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.
13. 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.
14. Governing Law This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida and the United States. The COUNTY and the CO-PERMITTEE 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
6
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.
15. 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.
16. 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.
17. Number of Outfalls The COUNTY will review and adjust on an annual basis the number of outfalls
and MS4 drainage area of each CO-PERMITTEE during the month of March for each fiscal year the
Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to
recalculate each CO-PERMITTEE'S share of the total annual costs. CO-PERMITTEES may submit
relevant outfall information to be included in the review during a two month period, from January1St to
February 28th of the year immediately preceding the start of the fiscal year of the intended changes. An
updated Attachment "A" shall be provided to CO-PERMITTEES annually by March 31St for
budgetary purposes.
18. Maximum Annual Costs Each CO-PERMITTEE'S maximum (not to exceed) financial commitment
under this Agreement is shown in Attachment "A". It should be noted that the CO-PERMITTEE's
cost share may change (+/-) based on any changes made to the Number of Outfalls or Drainage Area
during the annual reviews. Such changes shall be reflected in an updated Attachment "A". Actual
annual expenditures invoiced by the COUNTY for water monitoring, sampling, BMP, and BMAP
activities performed, will not exceed the CO-PERMITTEE'S total annual cost shown in Attachment
"A" for that fiscal year.
7
Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, , FLORIDA,
by its Commission / Council attest, that this Agreement be executed in its name by the Manager or his
designee, attested by the Clerk or Legal Representative.
Co-Permittee selection of Activities detailed in Attachment "A":
Activity 1 (Water Monitoring)
[ ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 2 (Best Management Practices, BMP)
[ ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 3 (Basin Management Action Plan/Walk the WBID, BMAP/WTW)
[ ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
The Co-Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise
modified by the Co-Permittee. Each Co-Permittee may elect to modify their selections shown above every
fiscal year the Agreement remains in place. These modifications must be formally requested between January
1 and February 28 in order to become effective for the following fiscal year and for the duration of the
Agreement unless further modifications are made by executing a new "Execution in Counterparts" form
Name of Manager (print)
Signature Date
Name of Clerk/Legal Representative (print)
Signature Date
. 8 .
•
Execution in Counterparts
This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its
name by the County Mayor 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.
MIAMI-DADE COUNTY
Stephen P. Clark Center
111 N.W. 1 Street
Miami, FL 33128
Mayor or Mayor's Designee Date
HARVEY RUVIN, CLERK
Attest:
Deputy Clerk Date
9
Jul 17 201? 2: 25P11 OPR-LOCKIR CITY COMMISSION 3059532034 p.2
Sponsored by: City Manager
Resolution No. 07-7098
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA,FLORIDA AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE AN INTERLOCAL
AGREEMENT, [N SUBSTANTIALLY THE FORM ATTACHED
HERETO, BETWEEN CO-PERMIt TEES NAMED IN THE
NATIONAL POLLUTANT DISCHARGE. EL EMINATION
SYSTEM PERMIT NO.FLS000003 AND MIAMI-DADE COUNTY
PROVIDING FOR PERFORMANCE OF PROFESSIONAL
SERVICES AND BETWEEN ALL CO-PERMJTTEES PROVIDING
FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN
SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS
BY ADDING THE TOWN OF CUTLER BAY
WHEREAS, the proposed Interlocal Agreement ("Agreement") authorizes the co-
permittees named in Perini'. No. FLS050003 to discharge under the National Pollutant Discharge
Elimination System(NPDES); and
WHEREAS, the Agreement provides for control of discharges from any and all municipal
separate storm sewer systems that may be shared by any of the parties to the Agreement, as required
by the State of Florida Department of Environmental Protection(hereinafter"FDEP")pursuant TO
Section 403.885, F S., and Rule 62-624, Florida Administrative Code, and the Environmental
Protection Agency (hereinafter "EPA"), NPDES Permit Regulations for Storm Water Discharges
Final Rule; and
WHEREAS, the Agreement further provides for the professional service required to
accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit that
may be initiated and performed on behalf of both the co-permittees and Miami-Dade County.
•
•
Jul 17 2012 2: 25PM OPR—LOCKA CITY COMMISSION 3059532834 P-3
R.esotution No. 07-7098
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF ()PA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Manager is hereby authorized to enter into and execute the NPDES
Agreement, in substantially the form attached hereto, between the co-permittees named in the
NPDES Permit No.FLS000003 and Miami-Dade County, by adding the town of Cutler Bay.
PASSED AND ADOPTED this 13 day of JUNE ,2007,
MA R
Attest 10: Approved as to form and legal sufficiency:
:01
CITY CL • T'Y O• :W
4/13: ?
DATE
Moved by: Vice Mayor Johnson
Seconded by: Commissioner Tydus
Commission Vote: 4—1
Commissioner Tydus: YES
Commissioner Holmes: NC
Commissioner Mi filer: YES
\.rice-Mayor Johnson: YES
Mayor Kelley: YES
C\Uocumenn and Seafngsvenelea+yNy DocummuWaolubons.N?I7€S hnerlocal Adreementd c
Jul 17 2012 2: 25PM OPR-LOCKA CITY COMMISSION 3059532834 p.4
Sponsored by City Manager
Resolution No. 0 5-6 77 2
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOC KA,FLORIDA AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE A RENEWAL INTERLOCAL
AGREEMENT AS CO-PERMI Ft EE FOR AUTHORIZATION TO
DISCHARGE UNDER THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NEPDES), TN
SjI3STANTIALLY THE FORM ATTACHED HERETO
WHEREAS, the City of Opa-locka has been a co-permittee in an agreement providing for
the control of discharges from any and all municipal separate storm sewer systems shared by parties
to said agreement; and
WHEREAS, pursuant to Permit No. FLS 000003, Authorization to Discharge under the
NPDES,the city was authorized to discharge from its storm sewer system shard by parties to the
agrecnien:; and
WHEREAS, the renewal agreement will require the city and co-permittees :o sample,
monitor and analyze their storm water systems with costs to be shared by the co-permittees on a
percentage basis, and
WHEREAS, the annual monitoring cost attributable to the City of Opa-locka is nine
hundred dollars (S900.00).
NOW,THEREFORE,RE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Jul 17 2012 2: 25PM 0PR-t_OCKF3 CITY COMMISSION 3059532834
P-5
Ptraolution No. 0 5-677 2
Section 2. The City Manager is hereby authorized to enter into and execute a renewal
interlocal agreement as co-permittee for authorization to discharge underNPDIS, in substantially
the form attached hereto.
PASSED AND ADOPTED this 22 day of JUNE � 2005.
MAYO
Attest to: Approved as to form and legal sufficiency:
r
CITY CLERK C VA ' Y
DAT
Moved by. COMMISSIONER NOLMES
Second by: VICE MAYOR FINDER
Commission Vote: 5-0
Commissioner Holmes, YES
Commissioner I'ydus: YES
Commissioner Johnson: YES
Vice-Mayor Pinder. YES
Mayor Kelley YES
Res...durre:p Rcrcwal ;Merlon'A/roemem under NPDLS
Jul i '7 2012 22: 25PM OPR—LOCKER CITY COMMISSION 3059532034 P, f;
Department of Environmental Resources Management
Water Manage-r>ent Civic on
M IAM''arllDE 701 NW 1st Court,S te-4 00
a a Miami,Florida 33136-39'2
y..�� T 305-372-6529 F 30i 372 1;425
Carlos Alvarez.Mayor
nll C:uxdoeUax� tilialmtttr�te.$,OY
A'tisPani"' ' RECEIVED
An�.�e�F r, JUN - u 2007
wax,ai Aaenair..err Sender
MIMCM April 20, 2007
wn Cods Car*:&n
Val day
a"'"'Candaprelene RE: Adding the Town of Cutler Bay to Miami-Dade County and
Capita I.,p,n. Municipalities'Joint NPDES Permit,Permit No. FL.S000003
C,,Yati Hdr�ei.,der.,1'aysse-nk71 Lu,e
C or mumlca+i on.
Canrtknlry Aden AIPtcr
f +Auriq a FccosenIc @+dgaw Dear Co-Permittee:
C i,imy adaao.
Cresumes*Send res Please be advised the Town of Cutler Bay has expressed a desire to join our NPDES
`°je1tiot'"W"6iBt""" Permit as referenced above,and also our NPDES-related Interlocal Agreement
`centr»d.t,ndfMYenarrJ Our County Attorney's Office has advised us that the o r legal procedure a add
P�' Pe � Procadurr to add
aK„ Cutler Bay to the IA is to have all Co-Permittees re-sign the document.
finerypx7 Man garent
Imp p.e toad uns To accomplish this,I have enclosed a revised version of the IA that was previously
Entee vim Lciwdnyygrricw executed in November 2005. The new IA, when executed, will allow the Town of
NrAxe•.e.wRem.rrnMaiose.ee.r. Cutler Bay to job our IA as a Co-Permittee. Once the IA is executed,and the FDEP
r°`firpie rrieu Podia* accepts the Town's NPDES Application, Cutler Bay will become a Co-Permittee in
F our NPDES Permit.
Cmcra Lanka$ mink:zit,rs
.,.,e,,� ..,,,,o, Please note that there will be no change In each Co-Pertnittee's annual
Mew**,'Rum monitoring cost,except for Miami-Dade County's. Miami-Dade County's iickaiN.441m1 contribution will be reduced, but this will be offset by Cutler Bay's equal
r.1,alfpe.,{,,.nur„1r contribution. Cutler Bay has sixty-nine outfal)s that previously were under the
INStoondent Henan Send° County's jurisdiction, so Cutler Bay's annual payment will be $6,750. Relatively,
Rooter the County's annual payment will be reduced by $6,750, for a new total of
,,,,a,eern, , $136,350. The total annual cost for all Co-Permittees remains at $450,000 (see
war&rearn,e.x enclosed Attachment A), as it has been for the last twelve(12)years.
+.,rnrtxllun
Muriel!OrN+ve,ro n
Rub ord wct..won As you are aware, ow NPDES Permit expires in October 2007. To have the IA
Planning and taring revised and executed to add Cutler Bay before October 2007, we are asking that
fti°"
each Co-Perndttee sign two copies of the IA and return to Miami-Dade County
by June 15,2007,
Pmpeei nlynnn
Mary Pisan:
RnitMk+ri County staff will be made available to pick up the signed IA, if needed_ Please
Sale wiitftrhona Aria contact me, at 305.372.6406 to schedule a pick up of the revised and signed IA.
UAW Waft you. �/� /�f
Svaeei]c Biafra'range, w d� `' c' //(.,.
Team won yfi4 /1
T Randall N. White j
Orton ir,+ J;..rill,TA Face
1errayr/ain...r and Grams Environmental Resources Project Supervisor
Wain end 5.nern
•
Jul 17 2012 2: 26PM OPA-LOCKA CITY COMMISSION 3059532834 p-7
r►
INTERLOCAL AGREEMENT BETWEEN LO-PERMIr1 ELKS
NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 AND
MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE
OF PROFESSIONAL SERVICES AND BETWEEN ALL CO-
PERMITTEES PROVIDING FOR CONTROL OF POLLUTANT
DISCHARGES BETWEEN SHARED MUNICIPAL SEPARATE
STORM SEWER SYSTEMS
This Interlocal Agreement ("Agreement") is made and entered into by and between all CO-
PERMITTEES named in Permit No. FLS000003, Authorization to Discharge under the National
Pollutant Discharge Elimination System. This Agreement provides 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 State of Florida Department of Environmental Protection (hereinafter
referred to as FDEP) pursuant to Section 403.0885, Florida Statutes, and Rule 62-624, Florida
Administrative Code, and the Environmental Protection Agency (hereinafter referred to as the "EPA")
National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Permit
Regulations for Storm Water Discharges Final Rule (hereinafter referred to as "NPDES Final Rule").
This Agreement further provides for the professional services required to accomplish the tasks set forth
in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed
on behalf of both the CO-PERMITTEES and the COUNTY,
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.
CO-PERMITTEE or CO-PER.MITI`EES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003 as Co-Perrnittees: Miami-Dade County, City of Aventura, Bal Harbour
Village, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Dora], Village of El
Portal,Town of Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of
Key Biscayne,Town of Medley, City of Miami Beach, City of Miami Gardens,Town of Miami Lakes, Miami
Shores Village, City of Miami Spnngs, City of North Bay Village, City of North Miami, City of North Miami
Beach, City of Opa-locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny
Isles Beach, Town of Surtside, City of West Miami, Florida Department of Transportation (FDOT)District VI,
Florida Department of Transportation (FDOT)Turnpike Enterprise, and the Miami-Dade County Expressway
Authority(MDX).
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 cr
Jul 17 2012 2: 2GPM 0PR-LOCKR CITY COMMISSION 3059532834 P.e
411Pr 41110
The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages,, including attorney's fees and costs of
defense, which the CO-PERMTTTEE or its officers, employees, agents or instrumentalities may incur a.9 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 COUNTY or its employees, agents, savants,
parners, principals or subcontractors. The COUNTY 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 CO-
PERMI'l"TEE, where applicable, including appellate proceedings, and shall pay all costs, judgements 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
COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by any one
person which exceeds the sun of S100,000, or any claim or judgement or portions thereof, which. when totaled
with all other claims or judgement paid by the COUNTY 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, Josses or
causes of action which may arise as a result of the negligence of the COUNTY.
Section Vq
Cqunty 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".
II a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and
remedies which it may exercise singly or in combination:
I. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are
terminated, efTective upon such date as is designated by the CO-PERMI'I'TEE;
2, Any and all rights provided under federal laws and the laws of the State of Florida.
Section Vin
Co-Permitter Event of Default
Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations
in accordance with this Agreement, unless justified by Force Majeure, shall constitute a ^ CO-PER.MIM'EE
Event of Default".
If a CO-PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and
remedies which it may exercise singularly or in combination-
I. The right to declare that this Agreement together with all rights granted to CO-PERMITTEE hereunder
arc terminated,effective upon such date as is designated by the COUNTY;
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Jul 17 2012 2: 27PM OPP-LOCKR CITY COMMISSION 3059532834 p. 9
2. Any and all rights provided under federal laws and the laws of the State of Florida.
Section IX
General Provisions
1. Authorization to Represent tilt CO-PERIVIITTEE in NPDES MS4 Qperatine Permit The CO-
PERMITFEE hereby authorizes the COUNTY to act an its behalf only with respect to: monitoring
and sampling portions of the NPDES MS4 Operating Permit; and compliance with all requirements isf
EPA and FDEP with respect thereto as conditions of the NPDES MS4 Operating Permit.
2. Attendance at COUNTY Permit Review Meetings;The CO-PER I ll EE 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.
3. Reswonsibillty for Discharges The CO-PERMITTEES shall each be responsible for the Dontrol,
investigation of and remedial activities relating to discharges of pollutants from within their respective
MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO-
PERMITTEE,pursuant to the requirements of 40CFR. 122.26(d)(2)(iXD),
4. Identification of Discharges Both the CO-PERMITTEE whose storrmwater system generates it
pollutant discharge that impacts another CO-PERMITEE'S system and the impacted CO-
PER.MITTEE 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-PERMIT TEE t3
the separate storm sewer system of another CO-PERMITTEE.
5, Notification When pollutant discharges to a shared separate storm sewer system are discovered, the.
CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the
discharge(s) agree to repon said discharges to the other affected parties sharing the particular MSa.The
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 CO-PERMITITE or the
COUNTY, the COUNTY will investigate the sot:rce of the discharge and report its findings to the
affected NPDES CO-PERMITTEES. When an investigation specifically identities 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.
6. jalsoutcJ4.esolution 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, Bureau of Watershed
Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of
discharge, remediation, and final resolution.
7. Termination Fach party may terminate that particular party's participation in this Agreement without
cause by providing sixty (60) days prior written notice of termination to the other parties to this
Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY
only in the event of termination for cause by the CO-PERMITTEE, or termination without cause by
the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the
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P. 1 O
extent that services providing information useful to the NPDES MS4 Permit have not been rendered by
the COUNTY. Upon termination by any party, the NPDES 1viS4 Operating Permit status of that party
shall be the sole responsibility of that party.
8, Entire Agreement; Prior Agreements Superseded: Amendment to Agreement This Agreement
.nc rporates and includes all prior negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein. The parties agree that there are no
oom nitments, 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 he 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 he modified,altered or amended only by a written amendment duly
executed by the parties hereto or their representatives.
IIeadlnas 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.
10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be
,Antten and personally served or mailed, registered or certified United States mail, with return receipt
requested, acidressmi to the parties as follows:
To County.
Miami-Dade County Department of Environmental
Resources Management
701 NW I Court, Suite 400
Miami, Florida 33136
Attn:Department Director
To Co-Permitter:; See Exhibit A— List of Co-Permitiee.s' Chief Executive Officers
11. 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 ;ibligations during the pendency of any legal or other similar proceedings to resolve such
dispute,
12. 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.
13, Time Is of Essence It is mutually agreed that time is of the essence in the performance of all terms
and conditions to he met and performed pursuant to this Agreement.
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Jul 17 20I2 2: 28PM OPA-LOCKA CITY COMMISSION 3059532834 p. 11
EXHIBIT A—LIST OF CONTACTS
MIAMI-DADE COUNTY AND CO-PERMITTEES
NPDES PERMIT SO. FLS 000003
LEAD PERMIT FEE:
County: Miami-Dade County
Department of Environmental Resources Management
701 N.W. i Court, 4th Floor
Miami,FL 33136
Primary Contact Mr. Dorian K.Valdes,P.E.
Assistant Director
Telephone: (305) 372-6795
NPDES CO-PERMITTEES
City: City of Aventura
Address: 19200 Country Club Drive
Aventura., FL 33180
CEO: Mr. Eric M, Soroka
Title: City Manager
Telephone: (305) 466.8900
City: Bat Harbour Village
Address: 655 Ninety Sixth Street
Bal Harbour, FL 33154
CEO: Mr. Alfred T rcppeda
Title; Village Manager
Telephone: (305) 966-4633
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Jot 7 2012 2: 20PM opn-LocKR CITY COMMISSION 3059532034 p. 12
Telepnone: (305) 745-7880
City: Town of Golden Beach
Address One Golden Beach Drive
Golden Beach, FL 33160
CEO: Mr. Alexander Diaz
Title: Town Manager
I elephone, (305) 932-0744, Ext. 224
City City of Hialeah Gardens
Address: 10001 N.W. Rrh Avenue
Hialeah Gardens, FL 33016
CEO: Hon. Yioset de la Cruz
Title; Mayor
Telephone: (305) 558-4114
City, City of Homestead
Address: 790 N, Homestead Blvd.
Homestead,FL. 33030
CEO: Mr. Curt Ivy
Tide: City Manager
Telephone: (305) 247-1801, Ext. 378
City: Indian Creek Village
Address: 9080 Bay Drive
Indian Creek, FL, 33154
CEO: Mr. C. Samuel Kissinger
Tnle: Village Manager
Teicphone7 (305) 865-412i
Jul 17 2012 2: 28PM OPA-L.QCKR CITY COMMISSION 3059532834 p. 10
Title: Town Manager
Telephone: (305)364-6100
City: Miami Shores Village
Mailing 10050 N.E.2"d Avenue
Address: Miami Shores, FL 33.38
CEO: Mr.Thomas Benton
Title: Village Manager
Telephone: (305)795-2207
City City of Miami Springs
Address: 201 Westward Drive
Miami Springs, FL 33166
CEO: Mr. James R. Borgmann
Title: City Manager
Telephone: (305) 805-5012
City City of North By Village
Address: 7903 East Drive
North Ray Village, FL 33141
CEO: Ms.Jorge Forte
Title: City Manager
Telephone: (305)756-7171
City. City of North Miami
Address: 776 N.E. 125 Street
North Miami, FL 33161
CEO: Mr. Clarence Patterson
Title: City Manager
Telephone: (305) 893-651 1
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Jul 17 2012 2: 28pM OPR-LOCKR CITY COMMISSION 3059532e34
CEO: Ms.Yvonne McKinley
Title: City Manager
Telephone: (305) 668-2510
City: City of Sunny Isles Reach
Address: 18070 Collins Avenue
Sunny isles Beach, FL 33160
CEO: Mr.John Szerlag
Title: City Manager
Telephone: (305) 947-0606
City Torn of Surfside
Address 9293 Harding Avenue
S.ufaide, FL 33154
CEO: Mr. W.D. Higginbotham
Title: Town Manager
Telephone: (305) 861-4863
City. City of West Miami
Address; 901 S.W. 62 Avenue
West Miami, FL 33144
CEO: Ms. Yolanda Aguilar
Title: City Manager
Telephone: (305) 266-1122
Agency: Miami-Dade Expressway Authority
Address 3790 N,W. 21" Street
Miarn,, Fl 33142
CEO: Mr, Javier Rodriguez, P.E.
Title: Executive Director
Te:ephone: (305) 637-32?7
Jul I7 2012 2: 28PM OPA-LOCKR CITY COMMISSION 305'1532934
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Section X,
Execution in Counterparts
rhis Agreement may be executed in counterparts, each of which shall he deemed an original, hut ill of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade Coi nty, Florida, has caused this Agreement to be executed in its
name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioner and
has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Opa-locka,
Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested to
'Iy the Clerk of the City and has caused the seal at the Council to be hereto attached,
CITY OF OPA-LOCKA,
: LORIDA,BY ITS CITY
COUNCIL Attest:
By; Date
City Manager _._.....___..._.
By �
City Clerk ___
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Jul t7 2012 2: 28PM OPFl-LOCKn CITY COMMISSION 3059532834
p. 16
ScCtiOE R
Execution in Counterparts
This Agreement may be executed in counterparts, each of which shell be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade Cot:tty, Florida,has caused this Agreement to be executed in its
name by the County Mayor 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 Opa-locka,
Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attester to
by the Clerk of the City and has caused the seal of the Council to be hereto attached.
Cr.l`Y OF OPA-LOCKA,
FLORIDA, I3Y ITS CITY
COUNCIh Attest:
I3 ' bale
City Manager
By
City C ieft( -._
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Jul 17 2012 2: 29PM OPR-LOCKA CITY COMMISSION 3059532034 t
Section X
Execution in Counterogrt
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its
name by the County Mayor 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 Opa-locka,
Florida has caused this Agreement to he executed in its name by the City Manager or his designee, attested to
by the Clerk of the City and has caused the seal of the Council to be hereto attached.
CITY OF OPA-LOCKA,
FLORIDA, BY ITS CITY
COUNCIL Attest:
By. Date:
City Manager
City Clerk
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