2012-27952 Reso RESOLUTION NOI 2012 - 27952 -
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, 'APPROVING AND AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, 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.
WHEREAS; water pollution degrades surface waters making them unsafe for drinking,
fishing, swimming, and other activities; and
WHEREAS; the Clean Water Act authorizes the National Pollutant Discharge Elimination
System (NPDES) permit program to control water pollution by regulating point sources that
discharge pollutants into waters of the United States; and
WHEREAS, the City of Miami Beach has 306 stormwater outfalls that discharge into the
City's waterways and Biscayne Bay; and
WHEREAS, the it is in the best interests of the City to continue to participate in an
interlocal agreement with Miami -Dade County as a co- permitee in the NPDES Program under
the Florida Department of Environmental Protection (FDEP) Permit Number FLS000003 -03 to
control stormwater discharges; and
g WHEREAS, on June 2011, the FDEP issued a new NPDES operating permit for Miami-
Dade County and co- permitees; and
WHEREAS, it is the intent of the County and City, through the attached Interlocal
Agreement, to continue previously established relationships and responsibilities for planning,
controls operation, construction, maintenance repair, and enhancement of stormwater systems
located within the limits of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission, hereby
approve and authorize the City Manager and City Clerk to execute the attached Interlocal
Agreement, in substantially the form attached, between all co- permittees named in the National
Pollutant Discharge Elimination System Per No. FLS000003 -003 and Miami -Dade County
providing for performance of professional services by Miami -Dade County, and 'as 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.
PASSED and ADOPTED this 18 d u
\P •.......
ATTEST: APPROVED AS TO
FORM & LANGUA
:INCORP ORATED:
FOR EXECUTION
Rafael ranado, City CIe k ��, atti Herrera Bow Mayor
TAAGENDA \2012 \7 -18 -12 \NPDES - RESO.docx
A rney I� Z
Ur_!e
COMMISSION - ITEM SUMMARY
Condensed. Title:
A Resolution Approving And Authorizing The :City Manager And City Clerk To- Execute An Interlocal
Agreement, in Substantially The Form Attached, Between All Co- Permittees Named In National, .
Pollutant Discharge Elimination System Permit No. FIs000003 -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
C.o- Permittees.
Key Intended Outcome Supported:
Ensure well - maintained infrastructure:
Supporting Data (Surveys, Environmental Scan, etc.):N /A
Issue:
'Shall the Mayor and City Commission adopt the Resolution?
Item 'Summary /Recommendation: .
In June 2011, the Florida Department of Environmental Protection (FDEP) issued a .new .municipal
separate stormwater system (MS4) operating permit for Miami -Dade County and the co- permitees
including the City of Miami Beach to implement the National Pollution Discharge Elimination, System
(NPDES) program. The new and amended, five year Interlocal Agreement is between all co- permittees ;
named in the NPDES` permit FLS000003 -003 and the County, allows for- each permittee to select its
participation level for monitoring of water quality, best management practices and basin management
action plan and to reserve the right to participate in any activities at a later date. The Interlocal
Agreement signed in 2005 only addressed water quality monitoring. The - City only needs to participate
in two activities: water quality monitoring and best management practices. At this time the City.does'not
need to participate in basin management plan monitoring. Basin management action plans are required
when municipalities discharge into bodies of water that have been designated as impaired by the State
- ofFlorida. The City's MS4 does not discharge into any waters are considered impaired..
The City has 306 outfalls, which is 3.8% of the 8,002 outfalls in the County. As in the prior agreement, -
the water monitoring annual costs are based on a percentage rate obtained by dividing the number of
outfalls of each co- permittee by the total number of all co- permittees. Based on this percentage rate, the
City's water quality monitor cost is not to exceed $17,782 annually. The new'NPDES MS4 operating .
permit also requires that co- permittees. monitor best management practices and create a basin,
management action plan for waters that have been designated as impaired. These additional activity
costs are based on the percentage rate obtained 'by dividing the roadway drainage, area of each co-
permittee by the total roadways drainage area all co- permittees.: The City's drainage area is 30,511,682
square feet which is 1.4% the drainage road area in the County. Based on this percentage rate, the
City's water quality monitor cost is not to exceed $495 annually. The City does not need to monitor for a
basin management action plan because the City does not discharge into water that has been
designated as impaired. In total, water quality .and best management practices monitoring is not to
exceed' $18,277 annually. , These activities are funded through the Stormwater Enterprise fund.. The"
NPDES annual monitoring .costs for FY2011/12 has already been expended. For FY2012/13, the
projected expense has been included in the "proposed FY2012/13 operating budget for this purpose.
"THE ADMINISTRATION RECOMMENDS ADOPTING, THE RESOLUTION.
- Adviso Board Recommendation:
Financial Information:
Source 9f Account u
;_.
F. $18,277 _
Funds: 427- 0427 - 00312
F 2 �
OBPI Total,:.
Financial Impact Summary
' Cit Clerk's. Office Legislative. Trackin
Elizabeth Wheaton x6121
Si n -Offs:
Department Director Assistant Ci Hager City';Ma " r
h
FHB J G r KGB
TAAGEN A 01 -18; 12 \NPDES - Summary.docx
° AG ENDA ITEM C /' \
DATE 7 lo
IAMI BLACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City. Commission
FROM: Kathie G. Brooks, Interim City Manager.
DATE: July,,1:8, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
CITY, MANAGER AND. CITY :CLERK TO EXECUTE AN INTERLOCAL
AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED, BETWEEN
ALL CO- PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE.
ELIMINATION SYSTEM PERMIT NO. FLS000003 -003 AND MIAMI -DADS
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.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$18,,277 in Stormwater Enterprise Funding.
BACKGROUND
In June 2011,,the ,Florida Department of Environmental Protection (FDEP) issued a new
National Pollutant Discharge • Elimination ,System (NPDES)- municipal separate
stormwater system (M84) operating permit for Miami -Dade County and the co- permitees
including the City of Miami 'Beach. The new permit requires annual water,
g g monitoring, best management practices, and a basin management action plan,
' ANALYSIS
Attached is the new and' amended five (5). year Interlocal Agreement :between all co-
permittees- named in NPDES MS4 permit No.FLS000003 -003 and - the County..
Attachment A of
-the Agreement outlines the annual monitoring ,costs.for Miami-
.Dade County and co- permittees for F.Y2012/13. The Interlocal Agreement signed in
2005 only addressed water quality monitoring. The new Interlocal Agreement allows.for
each co- permittee to select its participation level for monitoring of water quality, best
management practices and basin management .action plan and to reserve the right to j
! participate in any activities at a later date:
The. City of. Miami Beach only needs to participate in two of the three activities: water
quality monitoring and best management practices. At this time the City does not need
City Commission Memo- NPDES Interlocal Agreement
JulyJ8, 2012 .
Page. 2 of 2
to participate in basin management plan monitoring. Basin management action plans are
required when municipalities discharge into bodies of water, that have been designated
as impaired by the State of 'Florida. The City's MS4 does not discharge into any waters
that.are considered, impaired.
The City of Miami Beach has 306 outfalls, which is 3.8% of the 8,002 outfalls in Miami - ,
Dade County. As in the prior agreement, the water monitoring annual costs are 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. Based on this percentage rate, the City's water quality monitor cost is not to
exceed $17,782 annually which is to be funded through the Stormwater Enterprise fund.
The new NPDES MS4 operating permit also requires that co- permittees monitor best
management_ practices and create a basin management action plan for waters that have
been designated as , impaired. These additional- activity costs are based on the
percentage rate obtained by dividing the roadway drainage area existing in the
geographical boundaries of' each co- permittee by the total roadways drainage area
existing within the geographic boundaries of all co- permittees. The City of Miami Beach's
drainage area is 30,511,682 square feet which is 1.4% the drainage road area in Miami-
Dade County. Based on this percentage rate, the City's water quality monitor cost is not
to- exceed $495 annually which is'to be funded through the. Stormwater Enterprise fund.
The City does not need to monitor for a basin management action plan because_ the City
does not .discharge into water that has been designated as impaired by the State of
Florida.
In total, water quality and best management practices monitoring is not to exceed
$18,277 annually. These activities will be funded through the - Stormwater Enterprise
fund. In past fiscal years, the City's annual'cost was $23,300 for Miami -Dade County to
conduct water .quality monitoring. Since 2005, the number of outfall incorporated within
this permit have increased from 4,361 to 8,002; which has reduced the City's percentage
of total outfalls. Subsequently, the new Interlocal Agreement annual costs for monitoring
have been 'reduced - from $23,300 to $18,277. Due to ' the scale of . the County's
monitoring activities, they are able to complete this work for less money than if the City "
were to conduct this work.. For FY2012%13, the projected expense has been included in -
the proposed FY2012/.13 operating budget for this purpose.
CONCLUSION
The Administration recommends.that the Mayor and the City Commission approve an
Interlocal' Agreement between all co- permittees named in National :Pollution Discharge.
Elimination System MS4 Permit No. FLS000003 -003 and Miami -Dade County. The
Interlocal Agreement provides for performance of professional services by Miami -Dade
County, and also between all co- permitees 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.
Attachment: Interlocal. Agreement
JMG /JGG /FHB /JJF /RWS
T:WGENDA \2012 \7- 18- 12 \NPDES_Memo,docx .
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 ( "DEP ") Municipal Separate Storm Sewer System
( "MS4 ") Permit Number FLS000003 -003, Authorization to Discharge under the National Pollutant Discharge
Elimination System ( "NPDES MS4 Operating Permit "). 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 DEP pursuant to Section 403.0885, Florida Statutes, and
DEP Rule 62 -624, Florida Administrative Code, and the Environmental Protection Agency ( "EPA ") National
Pollutant Discharge Elimination System ( "NPDES ") Permit Regulations for Storm Water Discharges Final
Rule ('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 j
NPDES MS4 Operating 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,..Cit of. O a -locka Village of Palmetto Bay, e of Pinecrest City of South Miami City Y p g Y, g � Y Y of
Sunny Isles Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department
of Transportation ( "FDOT ") District VI, FDOT Turnpike Enterprise, Miami -Dade 'Expressway Authority I
(MDX), and "Miami -Dade County. 1
COUNTY shall mean Miami -Dade County Q Uj
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FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane,
r 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
Scone 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 j
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.
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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 MS4 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.
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Section VI
Indemnification
t
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 j
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 j
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
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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.
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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- PERMITTE'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- PERMI.TTEE.
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 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- 0
PERMITTEE as the source of a pollutant discharge, then that CO- PERMITTEE shall be responsible
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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 Operating 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.
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 i
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
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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 January I" to
February 28 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 31 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.
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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.
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.
\l N r L. V1-6 TLAu 5
Name of Manager (print)
/ma.- Zf(
'igna:.' � Date
7Lh I IL
Name of Clerk/Legal Representat .Wt) r 1`4
APPROVED AS TO ,T7 ' 4
FORM &LANGUAGE .��'i ,r,
&FO EXECUTION ,g rte '- ~s
r 1'TORNEY AT Signature Date- (O _I
8 CH 26-
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:
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Deputy Clerk Date j
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