HomeMy Public PortalAbout2022-18 Approving an interlocal agreement between Miami-Dade County and participating co-permitees name in the National PollutanRE S O L U T IO N N O . 2022 -18
A RE S O L U T IO N O F T H E V IL L A G E C O U N C IL O F T H E V IL L A G E
O F K E Y B IS C A Y N E , F L O RI D A , A P P R O V IN G AN IN T E RL O C AL
A G RE E ME N T B E T WE E N MIAMI -D AD E C O UN T Y AN D
P AR T IC IP A T IN G C O -P E RMI T E E S N AME D IN T HE N A T IO N AL
P O L L U T AN T D IS C HAR G E E L IMIN A T IO N S Y S T E M (N P D E S )
P E RMI T N O . F L S 00000 3 F O R P O L L U T IO N ID E N T IF IC A T IO N AN D
C O NT R O L S E R VI C E S IN MUN IC IP AL SE P ARA T E ST O RM S E WE R
S Y S T E M S (M S 4S ) IN AN AM O UN T N O T T O E X C E E D $16,195.00;
P R O V ID IN G F O R A U T H O RI Z A T IO N ; A ND P R O VI D IN G F O R AN
E F F E C T IVE D A T E .
W H E RE A S , pursuant to Section 403.0885, Florida Statutes, on June 21, 2011, the
Florida Department of Environmental Protection issued National Pollutant Discharge
Elimination System ("NPDES") Permit No. FLS000003 ("Permit") to Miami-Dade County (the
"County") and the co-permitees named in the NPDES Permit (the "Co-permitees"); and
WHEREAS, as one of the Co-permitees, the Village of Key Biscayne (the "Village") is
required to comply with the NPDES Permit conditions, which requires the Village to perform
monitoring and sampling activities relating to the Village's stormwater system; and
WHEREAS, the County has proposed entering into an interlocal agreement, attached
hereto as Exhibit "A," with the Village and participating Co-permitees (the "Interlocal
Agreement") to provide pollutant discharge identification and control services for Municipal
Separate Storm Sewer Systems (MS4s) located in the County (the "Services"); and
WHEREAS, the Village's cost share under the Interlocal Agreement for the Services,
which is based on the number of outfalls attributable to the Village, would be $3,239.00 per year,
for a total amount of $16,195.00 over the Interlocal Agreement's five-year term; and
WHEREAS, the Village Council desires to approve the Interlocal Agreement, m
substantially the form attached hereto as Exhibit "A," with the County and the participating Co-
permitees in order to receive the Services needed for the NPDES Permit; and
WHEREAS, the V ill age C oun cil fi nds that this R esolution is in the best interest and
w elfa re of the residents of the V ill age.
NOW, THEREFORE, BE IT RE SOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That each of the above-stated recitals are hereby adopted,
con fi rm ed, and in corpora ted herein .
Section 2.
w ith the C ounty and part icipatin g C o-perm itees in substantiall y the fo rm att ached hereto as E xhibit
"A."
Section 3.
Approval. T hat the V ill age C ouncil appro ves the Interl ocal A greem ent
Authorization. T hat the V ill age M anager is hereby authorized to execute
the Interl ocal A greem ent, in substantiall y the fo rm attached hereto as Exhibit "A ," w ith the C ounty
and part icipating C o-perm itees, subject to appro val by the V ill age A ttorn ey as to fo rm , content,
and legal suffi ciency, and to expend budgeted fu nds in an am ount not to exceed $16 ,19 5.00.
Section 4.
adoption .
Effective Date. This R esolution shall becom e effective im m ediately upon
P A SSE D and A D O PT E D this 12 th day of -=-.,A=p=ri-=--1 , 2022.
A T T E S T :
V IL L A G E C L E RK
A PPR O V E D A S T O FO RM A N D LE G A L S U FFIC IE N C Y :
Page 2 of3
WE ISS SEROTA HELFMAN COLE & BIERMAN , P.L.
VILLAGE ATT ORNE Y
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E x e c u tio n in C o u n te r p a r ts
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. The FDOT District Six will execute a separate
agreement with Miami-Dade County, which is similar in scope and intent to this Agreement, due to State of
Florida requirements,
IN WITNESS WHEREOF,
_______________________________ , FLORIDA,
by its Commission / Council attest, that this Agreement be executed in its name by the Manager / Mayor or
designee, attested by the Clerk or Legal Representative.
Co-Permittee selection of Activities detailed in Attachment "A":
Activity 1 (Water Monitoring and Annual Analyses Report)
By signing this Agreement, we agree to participate and be invoiced for this Activity.
Activity 2 (Pollutant Loading Calculations or other NPDES Permit-required Task)
[ ] 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, and any such modifications shall only apply prospectively to work
that has not yet been performed.
Name of Manager/ Mayor (print)
Signature Date
Name of Clerk/ Legal Representative (print)
Signature Date
I N T E RL O C A L A G RE E M E N T B E T W E E N C O -P E RM I T T E E S
N A M E D I N N A T I O N A L P O L L U T A N T D I S C H A R G E
E L I M I N A T I O N S Y S T E M P E RM I T N O . F L S 0 0 0 0 0 3 A N D
M I A M I -D A D E C O U N T Y P R O V I D I N G F O R P E R F O R M A N C E
O F P R O F E S S I O N A L S E R V I C E S B Y M I A M I -D A D E C O U N T Y ,
A N D A L S O B E T W E E N A L L C O -P E R M I T T E E S P R O V I D I N G
F O R I D E N T I F I C A T I O N A N D C O N T R O L O F P O L L U T A N T
D I S C H A R G E S I N S H A RE D M U N I C I P A L S E P A RA T E S T O RM
S E W E R S Y S T E M S
This lnterlocal Agreement ("Agreement") is made and entered into by, and between, CO-PERMITTEES
named in Florida Department of Environmental Protection Permit Number FLS000003, 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.
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 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 District
Six (FDOT District Six), , Miami-Dade Expressway Authority (MDX), and Miami-Dade County. For the
purposes of this Interlocal Agreement, Florida Department of Transportation Turnpike Enterprise (FDOT
Turnpike Enterprise) is not included in this definition of CO-PERMITEE or CO-PERMITTEES.
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.
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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, 2022,
and expire on September 30, 2027.
Section Ill
Scope of Work
The parties hereto agree that the DEP 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 historical water monitoring annual costs (Activity I) and Pollutant Loading Calculations
and/or other required tasks related to Impaired Waters Rule (IWR) monitoring and analyses costs (Activity 2)
attributable to this operating permit shall be shared by all CO-PERMITTEES, and the costs shall be based on
a percentage rate obtained by dividing the number of outfalls of each CO-PERMITTEE by the total number
of outfalls of all CO-PERMITTEES in accordance with 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.
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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. 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.
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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
Each 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. Each 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
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
judgment 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.
Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed as
impacting or modifying the protections set forth therein.
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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 CO-PERMITTEE shall have all of the following rights and
remedies which it may exercise singly or in combination:
l. 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.
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
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l.
2.
3.
Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit Each 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 NP DES MS4 Operating Permit.
Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEES may, but are 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.
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
4
of pollutant discharges em anating fr om the separa te storm sew er 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
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.
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8.
9.
10.
In the event of termination by a CO-PERMITTEE, that CO-PERMITTEE shall owe the COUNTY ..C
for all services rendered or performed by the COUNTY, including those which had not yet been ><
invoiced or billed to the CO-PERMITTEE. Upon receiving invoice from the COUNTY for such W
services, the CO-PERMITTEE shall promptly pay the COUNTY in full, no later than thirty (30) days
from receipt of invoice.
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 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.
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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
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.
16.
17.
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 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.
Number of Outfalls If requested, the COUNTY will review and adjust on an annual basis the number
of outfalls 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 January Pt to February 28th of
the year immediately preceding the start of the fiscal year of the intended changes. In the event of a
change, 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 during the annual
reviews. Such changes shall be reflected in an updated Attachment "A". Actual annual expenditures
invoiced by the COUNTY for water quality monitoring and related activities, IWR, and Pollutant
Loading Calculation activities performed, will not exceed the CO-PERMITTEE'S total annual cost
shown in Attachment "A" for that fiscal year.
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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. The FDOT District Six will execute a separate
agreement with Miami-Dade County, which is similar in scope and intent to this Agreement, due to State of
Florida requirements.
IN WITNESS WHEREOF,
_______________________________ , FLORIDA,
by its Commission / Council attest, that this Agreement be executed in its name by the Manager / Mayor or
designee, attested by the Clerk or Legal Representative.
Co-Permittee selection of Activities detailed in Attachment "A":
Activity 1 (Water Monitoring and Annual Analyses Report)
By signing this Agreement, we agree to participate and be invoiced for this Activity.
Activity 2 (Pollutant Loading Calculations or other NPDES Permit-required Task)
[ ] 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, and any such modifications shall only apply prospectively to work
that has not yet been performed.
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Name of Manager/ Mayor (print)
Signature Date
Name of Clerk/ Legal Representative (print)
Signature Date
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E x ecu tio n in C o u n terp a rts
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
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HARVEY RUVIN, CLERK
Attest:
Deputy Clerk Date
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ATTACHMENT "A"
Miami-Dade County Co-Permittees NPDES lnterlocal Agreement
Water Monitoring Annual Estimated Costs
Fiscal Year 2023 to 2026
Activity 1 Activity 2 Activity 1 +2
Number of Percent of Pollutant
Municipality/Agency Total Historical Loading or Other Co-Permittee
Outfalls Monitoring and Annual Cost Outfalls Permit Analyses Requirements (not-to-exceed)
1 Aventura, City of 175 2.10 $13,646 $2,099 $15,745
2 Bal Harbour Village 10 0.12 $780 $120 $900
3 Bay Harbor Islands, Town of 58 0.70 $4,523 $696 $5,218
4 Coral Gables, City of 113 1.36 $8,811 $1,356 $10,167
5 Cutler Bay, Town of 194 2.33 $15,127 $2,327 $17,454
6 Doral, City of 368 4.41 $28,695 $4,415 $33,109
7 El Portal, Village of 11 0.13 $858 $132 $990
8 Golden Beach, Town of 12 0.14 $936 $144 $1,080
9 Hialeah Gardens, City of 12 0.14 $936 $144 $1,080
10 Homestead, City of 182 2.18 $14,191 $2,183 $16,375
11 Indian Creek Village 33 0.40 $2,573 $396 $2,969
12 Key Biscayne, Village of 36 0.43 $2,807 $432 $3,239
13 Medley, Town of 45 0.54 $3,509 $540 $4,049
14 Miami Beach, City of 312 3.74 $24,328 $3,743 $28,071
15 Miami Gardens, City of 402 4.82 $31,346 $4,822 $36,168
16 Miami Lakes, Town of 350 4.20 $27,291 $4,199 $31,490
17 Miami Shores, Village of 34 0.41 $2,651 $408 $3,059
18 Miami Springs, City of 27 0.32 $2,105 $324 $2,429
19 North Bay Village, City of 71 0.85 $5,536 $852 $6,388
20 North Miami Beach, City of 211 2.53 $16,453 $2,531 $18,984
21 North Miami, City of 207 2.48 $16,141 $2,483 $18,624
22 Opa-locka, City of 74 0.89 $5,770 $888 $6,658
23 Palmetto Bay, Village of 106 1.27 $8,265 $1,272 $9,537
24 Pinecrest, Village of 72 0.86 $5,614 $864 $6,478
25 South Miami, City of 30 0.36 $2,339 $360 $2,699
26 Sunny Isles Beach, City of 69 0.83 $5,380 $828 $6,208
27 Surfside, Town of 11 0.13 $858 $132 $990
28 1 Virginia Gardens, Village of 5 0.06 $390 $60 $450
29 1 West Miami, City of 5 0.06 $390 $60 $450
30 FDOT District VI 1,687 20.24 $131,544 $20,238 $151,781
31 MDX 456 5.47 $35,557 $5,470 $41,027
32 Unin. Miami-Dade County 2,958 35.48 $230,650 $35,485 $266,135
ANNUAL TOTALS (Not to Exceed) 8,336 100.00 $650,000 $100,000 $750,000
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NOTES:
1 Co-Permittees with no outfalls have been assigned a value of 5 outfalls. Activity 1 fixed annual cost = $390
Activity 1 (mandatory) - Historical sampling, monitoring, lab analyses, and annual water monitoring report
Activity 2 (optional) - Pollutant Loading Calculations or other tasks to satisfy required permit conditions
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. The FDOT District Six will execute a separate
agreement with Miami-Dade County, which is similar in scope and intent to this Agreement, due to State of
Florida requirements.
IN WITNESS WHEREOF,
, FLORIDA, ------------------------------------
by its Commission / Council attest, that this Agreement be executed in its name by the Manager / Mayor or
designee, attested by the Clerk or Legal Representative.
Co-Permittee selection of Activities detailed in Attachment "A":
Activity 1 (Water Monitoring and Annual Analyses Report)
By signing this Agreement, we agree to participate and be invoiced for this Activity.
Activity 2 (Pollutant Loading Calculations or other NPDES Permit-required Task)
[ ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
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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, and any such modifications shall only apply prospectively to work
that has not yet been performed.
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Name of Manager / Mayor (print)
Signature Date
Name of Clerk/ Legal Representative (print)
Signature Date