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RESOLUTION 91-20397 RESOLUTION NO. 91-20397 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY TO PROVIDE PROFESSIONAL SERVICES ASSOCIATED WITH THE FEDERALLY MANDATED NPDES PERMIT APPLICATION BY THE CITY OF MIAMI BEACH AND METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL REGULATIONS. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT WHEREAS, Federal Regulations (EPA) require that all government agencies including State and Counties obtain permits for storm water systems and municipal industrial activities; and WHEREAS, EPA has designated Metropolitan Dade County as the lead applicant with municipalities as co-applicants; and WHEREAS, the NPDES Final Rules provide that the Professional Services required to accomplish the tasks set forth in EPA requirements may be initiated on behalf of both participating Cities and the County as co-permittees; and WHEREAS, it is in the best economical interest of the City to co-apply with Metropolitan Dade County. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that the Mayor and the City Clerk are authorized to execute the Interlocal Agreement attached hereto with Metropolitan Dade County for Professional Services related to preparing and submitting the NPDES Permit Application. PASSED AND ADOPTED THIS 4th day of December , 1991. / / // (1! ‘,./ I Y V Mayor ATTEST: City Clerk FORM APPROVED: 9//: _S;t1.444,,eak - Legal Department RAG/et CITY OF MIAMI BEACH 0!!]:::1 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 • FAX: (305) 673-7762 COMMISSION MEMORANDUM NO. DATE: December 4, 1991 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Carla Bernabei Talarico City Manager SUBJECT: INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE TWO- PART NPDES PERMIT APPLICATION BY THE CITY OF MIAMI BEACH AND DERM Attached for your approval is an Interlocal Agreement between the City of Miami Beach and Metropolitan Dade County to provide professional services in regard to a Federally mandated EPA National Pollutant Discharge Elimination System (NPDES) . Also attached is a memorandum which generally describes the requirements and the potential impacts to the City of Miami Beach. By co-applying with the County it is estimated that the City will save thousands of dollars, both through the engineering services required and by the dilution of the EPA requirements over a larger area. As a reference point the City of Miami ' s cost for consulting services is estimated at $400, 000 . 00. By co-applying with the County including participation of ten other cities, the City of Miami Beach' s pro rata share is estimated at $13 , 157 . 89 . ADMINISTRATION RECOMMENDATION: It is recommended that the City of Miami Beach enter into an Interlocal Agreement with Metropolitan Dade County to provide professional services related to the NPDES Permit and that $13 , 157 . 89 be appropriated from the Water and Sewer Fund to pay for said services. It is further recommended that the Mayor and City Clerk be authorized to sign the agreement on behalf of the City. CBT/RAG/et :19 AGENDA 7 ITEM -74 DATE /J- J INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE TWO-PART NPDES PERMIT APPLICATION BY THE CITY OF MIAMI BEACH AND DERM This Interlocal Agreement ("Agreement") is made and entered into this 15th day of December , 1992 by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY"] and the City of City of Miami Beach, [hereinafter sometimes referred to as the "CITY"] , in order that the City may be included as a co-permittee as provided under the Environmental Protection Agency [hereinafter "EPA"] National Pollutant Discharge Elimination System [hereinafter "NPDES"] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule"] , and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule may be initiated on behalf of both the CITY and the COUNTY as co-permittees . Section I Definitions For purposes of this Agreement, the following terms shall apply: Agreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference . CITY shall mean City of Miami Beach, by and through its City Manager COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ("DERM") . FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement . In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A" ) , incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution , and shall expire on November 16, 1993. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring the sampling , monitoring and analyzation (hereinafter "analysis" ) of a total of ten ( 10) outfalls County-wide as a requirement of the joint NPDES permit application. The parties hereby agree that the cost attributable to analysis of five (5) of the ten ( 10) outfalls shall be the joint responsibility of all participating municipalities, and the cost attributable to analysis of the remaining five (5) outfalls shall be the responsibility of the COUNTY, as set forth in this Agreement . The ten ( 10) outfalls designated for analysis are indicated in Attachment "B" . Section IV COUNTY' s Obligations Analysis of Outfalls The COUNTY shall monitor , sample and analyze the ten ( 10) designated outfalls in compliance with EPA NPDES permit application requirements. Permits The COUNTY shall obtain all applicable federal , state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct the analysis of the ten ( 10) designated outfalls. Report The COUNTY shall provide the CITY with a report which shall set forth the CITY' s portion of the NPDES permit application and the results of the analysis of the ten ( 10) designated outfalls. Notice of DERM Meeting(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application . 2 Section V CITY' s Obligations Provision of Outfall Information Within ten ( 10) days of execution of this Agreements, the CITY shall provide the COUNTY with a list of all outfalls located within the jurisdiction of the CITY discharging to Waters of the United States , of the State of Florida, of Dade County, and of any municipality within Dade County, as applicable. This list shall be an update of the COUNTY' s list submitted on June 21 , 1991 , at the NPDES WORKSHOP (a copy of which is available from the Director of DERM) , and shall be submitted in such format as is designated by the COUNTY. The CITY agrees to provide the COUNTY with outfall update information as promptly as such changes occur , in order that the data maintained by the COUNTY may be accurate and current . Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY' s jurisdiction ( indicated on the map attached hereto as Exhibit "C" ) . The CITY acknowledges that such equipment may be placed within the CITY' s area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement . Compensation Within ten ( 10) days from the date of execution of this Agreement , the CITY shall make a lump-sum payment to the COUNTY of its pro rata share of the payment due to the COUNTY for analysis of the five (5) outfalls which are the CITY' s financial obligation pursuant to this Agreement . The sum due shall be determined by dividing the total cost for analysis of the five (5) outfalls (which is $250, 000) by the total number of NPDES application municipal co-permittees . Failure to pay the agreed-upon lump sum payment shall be default by the CITY pursuant to this Agreement , and shall result in a reversion of the CITY' s NPDES permit application status to Individual Permit applicant . As of November 15 , 1991 , nineteen ( 19) cities have indicated their participation as co-permittees in the NPDES Final Rule process . Therefore, based on these commitments , the pro rata share should be approximately $13 , 157. 89. Notwithstanding the apparent cities NPDES co-permittee participation , the final pro rata share will be established upon the execution of similar Interlocal agreements by all the participating Municipalities. Hold Harmless The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the sampling and reporting set forth by the Part 2 EPA NPDES Final Rule process . 3 Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any one of ten ( 10) outfalls which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the analysis of any one of ten ( 10) outfalls which may be located within the CITY's jurisdiction. Section VI County Event of Default Without limitation, the failure by the COUNTY to substantially fulfill any of it 's material obligations in accordance with this Agreement , unless excuses are justified by Force Majeure, shall constitute a "COUNTY event of default" . If a COUNTY event of default should occur , the CITY shall have all of the following rights and remedies which it may exercise singly or in combination: 1 . the right to declare that this Agreement together with all rights granted to COUNTY hereunder are terminated, effective upon such date as is designated by the CITY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VII City Event of Default In addition to the provision set forth in Section VI , Compensation, and without limitation , the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement , unless excuses are justified by Force Majeure, shall constitute a "CITY event of default" . If a CITY event of default should occur , the COUNTY 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 CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2 . any and all rights provided under federal laws and the laws of the State of Florida. 4 Section VIII General Provisions Authorization to Represent CITY in NPDES Permit Application The CITY hereby authorizes the COUNTY to act on its behalf with respect to the outfall sampling portion of the NPDES permit application , and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES permit application . Attendance at DERM Permit Application Review Meetings The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES permit application . Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the CITY' s NPDES permit application have not been rendered by the COUNTY. Upon termination by either party, the CITY' s NPDES permit application status shall revert to Individual Permit applicant . 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 . 5 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 as follows: To County: Dade County Department of Environmental Resources Management 111 N.W. First Street , Suite 1310 Miami , Florida 33128 Attn: Department Director 305/375-3376 To City: Richard A. Gatti, P.E. Director of Public Works 1700 Convention Center Drive Miami Beach , Florida 33 3139 Attn : 305/ 673- 7620 Performance by Parties Except as otherwise provided in this Agreement , in the event of any dispute arising over the provisions of this Agreement , the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement . Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant to this Agreement . Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida . The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement . Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida , in Dade County, Florida. 6 Invalidity of Provisions 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 . IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the City of Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the Clerk of the City Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. Richard P. Brinker , METROPOLITAN DADE OU. Y, Clerk of the Board FLORIDA, OF .. COUNTY j 7 e'�RS At t- .' : cO M Miks, • f,( /( ?cA /L# a . Cl - of the Board a COUNTY pV Co '"ty Manager OR‘') c/): .•."'"`-o-' CITY of MIAMI BEACH , OR I DA Clerk of the City BY ITS Ce . NCIL Attest : ) ° I By: .. By: C: Clerk Mayor APPROVED AS TO FORM AND I/ LEGAL SUFFICIENCY FORM APPROVED LEGAL-777 DEPT C:i • B y: By �- do Assistant County Attorney Date 7 ORIGINL RE S OLUT I ONO. 91-2039 Authorizing the Mayor and City Clerk to execute an interlocal agreement with Metropolitan Dade County to provide professional services associated with the federally mandated NPDES permit application by the City of Miami Beach and Metropolitan Dade County Department of Environmental Regulations.