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2016-29395 Reso RESOLUTION NO. 2016-29395 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE INTERLOCAL AGREEMENT ATTACHED TO THIS RESOLUTION BETWEEN THE CITY AND MIAMI-DADE COUNTY FOR SURFACE WATER QUALITY SAMPLING AND ANALYSIS, SUBJECT TO LEGAL REVIEW AND FORM APPROVAL OF THE FINAL NEGOTIATED AGREEMENT BY THE CITY ATTORNEY'S OFFICE; SAID AGREEMENT HAVING A TERM OF FIVE (5) YEARS, COMMENCING ON OCTOBER 1, 2015 AND ENDING ON SEPTEMBER 30, 2020, IN AN AMOUNT NOT TO EXCEED $85,000; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT. WHEREAS, the City of Miami Beach is a barrier island surrounded by the Atlantic Ocean, the Biscayne Bay Aquatic Preserve, and an interconnected system of waterways that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life; and WHEREAS, the City employs a multi-faceted stormwater management strategy to limit pollution from impacting these critical water resources; and WHEREAS, one such initiative is water quality sampling and analysis, which Miami- Dade County has conducted periodically within Biscayne Bay as part of our National Pollution Discharge Elimination System (NPDES) permit requirements; and WHEREAS, due to funding and other factors, this program has primarily focused on monitoring water quality for the larger Biscayne Bay watershed and has not collected background data on the quality of the waterway system adjacent to the City; and WHEREAS, Miami-Dade County has agreed to expand the existing water quality monitoring network to include six sampling stations to be analyzed monthly for physical, chemical, and biological characteristics; and WHEREAS, the expanded sampling and analysis program will allow the City to establish baselines and to measure the long-term status and trends of water quality parameters in these previously unstudied areas so it can tailor its stormwater management program for maximum pollutant reduction; and WHEREAS, the County has detailed the scope of work, location of the six sampling stations, and the terms of a proposed five year Interlocal Agreement for Surface Water Quality Sampling and Analysis; and WHEREAS, within 60 days of its execution, County staff will initiate sampling for FY 2016 for a total cost of$8,713 the funding for which has already been allocated in the City's FY 2015/16 budget. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute an Interlocal Agreement with Miami-Dade County, in substantial form as attached to this Resolution, for surface water quality sampling and analysis, subject to legal review and form approval of the final negotiated agreement by the City Attorney's Office; said agreement having a term of five (5) years, commencing on October 1, 2015 and ending on September 30, 2020, in an amount not to exceed $85,000; and further authorizing the Mayor and City Clerk to execute the final negotiated agreement. PASSED and ADOPTED this /1 day of Me? , 2016. s;. '! i' ''../1/ -:,';''/ Philip Lev. e, . VP' ATTEST: , /"; • ALI ft , / ,.. 7 /. R. ael "I.PG ranado, City lerr ��l ;; APPROVED AS TO 1 4•+� FORM & LANGUAGE NP'� �� &&FOR EXECUTION I ( 4. - -1- itzl 4.,'61/ 9 712—• Ay _5'--y-ila : r -". °.* :INCORP ORATED: - 10 City Attorney �,. Date 1117-CH 26„ov: COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, approving, in substantial form the interlocal agreement attached to the resolution between the City and Miami-Dade County for surface water quality sampling. Key Intended Outcome Supported: IN/A Item Summary/Recommendation: The barrier island of Miami Beach is surrounded by the Atlantic Ocean,the Biscayne Bay Aquatic Preserve, and an interconnected system of waterways that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life. Because our waterways play such a critical role in our community, the City employs a multi-faceted stormwater management strategy to limit pollution from impacting the quality of these waters. One such initiative is water quality sampling and analysis which Miami-Dade County has conducted periodically within Biscayne Bay as part of our National Pollution Discharge Elimination System (NPDES)permit requirements. However,due to funding and other factors, this program has primarily focused on monitoring water quality for the larger Biscayne Bay watershed. At this time the City does not have any background data on the quality of our waterway system or the areas in Biscayne Bay immediately adjacent to our islands. As such, we have coordinated with Miami-Dade County to expand the existing water quality monitoring network to include six sampling stations in and adjacent to our city which will be analyzed monthly for physical, chemical and biological characteristics. This program will allow us to fill existing data gaps by establishing water quality baselines and to measure the long-term status and trends of water quality parameters in these previously unstudied areas.Once we have established baselines,the City will utilize the water quality data to tailor our stormwater management program for maximum pollutant reduction. The attached Interlocal Agreement for Surface Water Quality Sampling and Analysis details the scope of work,the location of the six sampling stations,and the terms of the agreement for the first five years of this program (FY 2016 through FY 2020).Within 60 days of its execution, Miami-Dade County staff will initiate sampling for FY16 for a total cost of$17,426,the funding for which has already been allocated in this year's budget. THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION. Advisory Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Elizabeth Wheaton, Environment&Sustainability x6121 Sign-Offs: Department Director Assistant City Manager City Ma .).!er ESW SMT JLM .j T:\AGENDA\2016\April\Environmental\Water Quality Sampling ILA with MDC Summary.doc /' ifeh miAmiBEAcH AGENDA ITEM L DATE el. MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov COMMISS N MEMORANDUM TO: Mayor Philip Levine and Members o the City Com ission FROM: Jimmy Morales, City Manager DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYOR D CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APP VING, IN SUBSTANTIAL FORM, THE INTERLOCAL AGREEMENT ATTACHED TO THIS RESOLUTION BETWEEN THE CITY AND MIAMI-DADE COUNTY FOR SURFACE WATER QUALITY SAMPLING AND ANALYSIS, SUBJECT TO LEGAL REVIEW AND FORM APPROVAL OF THE FINAL NEGOTIATED AGREEMENT BY THE CITY ATTORNEY'S OFFICE; SAID AGREEMENT HAVING A TERM OF FIVE (5) YEARS,COMMENCING ON OCTOBER 1,2015 AND ENDING ON SEPTEMBER 30, 2020, IN AN AMOUNT NOT TO EXCEED $85,000; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT. The barrier island of Miami Beach is surrounded by the Atlantic Ocean, the Biscayne Bay Aquatic Preserve, and an interconnected system of waterways that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life. Because our waterways play such a critical role in our community, the City employs a multi-faceted stormwater management strategy to limit pollution from impacting the quality of these waters.One such initiative is water quality sampling and analysis which Miami-Dade County has conducted periodically within Biscayne Bay as part of our National Pollution Discharge Elimination System (NPDES) permit requirements. However, due to funding and other factors,this program has primarily focused on monitoring water quality for the larger Biscayne Bay watershed. At this time the City does not have any background data on the quality of our waterway system or the areas in Biscayne Bay immediately adjacent to our islands.As such,we have coordinated with Miami- Dade County to expand the existing water quality monitoring network to include six sampling stations in and adjacent to our city which will be analyzed monthly for physical, chemical and biological characteristics. This program will allow us to fill existing data gaps by establishing water quality baselines and to measure the long-term status and trends of water quality parameters in these previously unstudied areas.Once we have established baselines,the City will utilize the water quality data to tailor our stormwater management program for maximum pollutant reduction. The attached Interlocal Agreement for Surface Water Quality Sampling and Analysis details the scope of work, the location of the six sampling stations, and the terms of the agreement for the first five years of this program (FY 2016 through FY 2020). Within 60 days of its execution, Miami-Dade County staff will initiate sampling for FY16 for a total cost of $17,426, the funding for which has already been allocated in this year's budget. CONCLUSION The Administration recommends that the Mayor and City Commission adopt the Resolution. Attached: Exhibit 1 —Water Quality Sampling and Analysis Interlocal Agreement JLM/SMT/ESW/MKW Interlocal Agreement between the City of Miami Beach and Miami-Dade County for Surface Water Quality Sampling and Analysis 1.0 INTRODUCTION The City of Miami Beach ("the City") is a barrier island surrounded by Biscayne Bay, the Atlantic Ocean, and an interconnected system of waterways that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life. As such, the City implements a multi-faceted strategy to limit pollution from entering its waterways and impacting water quality. Since 1994, Miami-Dade County ("the County") has conducted periodic water quality sampling events in Biscayne Bay on behalf of its 34 National Pollution Discharge Elimination System (NPDES) permit co-permittees, including the City of Miami Beach. However, this sampling program has focused primarily on the larger Biscayne Bay watershed and has not collected data along the City's coastline or within its waterways. The purpose of creating a water quality monitoring network in and adjacent to the City of Miami Beach is to measure the long-term status and trends of water quality parameters in these previously unstudied areas. The data collected will fill existing data gaps by establishing water quality baselines at the sampling locations in closer proximity to Miami Beach and help the City meet the following goals: 1. To track temporal trends in local water quality; 2. To determine the success of the City's stormwater management program; 3. To identify if there are any potential water quality impacts; and 4. To improve the City's understanding of where additional water quality treatment measures may be appropriate. 2.0 SCOPE OF WORK The County shall conduct monthly surface water quality sampling at six (6) stations in and adjacent to the City (Figure 1). Water samples shall be collected and analyzed for physical, chemical, and biological parameters ("the Project"). The Project duration is from April 1, 2016 to September 30, 2020. 2.1 Quality Assurance and Analysis Protocols a) For all sample collection, handling, documentation, and verification, the County shall comply with the Florida Department of Environmental Protection (FDEP) Quality Assurance Rule (Florida Administrative Code (FAC) 62-160) and the FDEP Standard Operating Procedures for Field Activities (FDEP SOP 001/01, Dec. 3, 2008). Additionally, the County shall, in accordance with the FDEP SOP 001/01 Section FA3300, maintain a Field Quality Manual. If there are to be any variances from the minimum requirements under FAC 62-160 or the FDEP SOP, the County must provide proof, in writing, of approval for the variance by the FDEP prior to implementation of the variation (email transmission of this approval is adequate). This includes any variations in sampling procedures or quality assurance/quality control (QAIQC)protocols. b) All analyses will be performed by the laboratory in the Division of Environmental Resources Management, Department of Regulatory and Economic Resources (RER- DERM), or by other laboratories contracted with the County that hold NELAC certification for that analysis/method. 2.2 Water Sample Collection a) The County shall conduct monthly.collections of the parameters listed in Table 1 at the six stations. Figure 1 shows the approximate location of the stations. Prior to the first sampling event, the County will determine the sites and will provide location descriptions and geographic coordinates to the City. b) The six stations indicated in Figure 1 may be relocated by mutual written agreement of the County and City to optimize sampling efficiency or to improve characterization of the sampling region. c) The physical parameters include depth, temperature, pH, dissolved oxygen, specific conductance, and salinity. Data for each physical parameter will be collected in the water column at 0.1 meter (m) below the surface, at 0.5 m (where depths allow) and approximately 0.1 m above the bottom substrate. d) For laboratory analytical samples, surface water shall be collected at a depth of 0.5 m below the surface using a horizontal Niskin sampler. e) Enterococci will be sampled direct surface water grabs. Table 1. Project sampling parameters for each station. Parameter Method MDL/units Temperature SM 2550B (C°) pH SM 4500 H+B (units) Specific Conductivity SM 2510A (µS/cm) Salinity SM 2520B (ppt) Dissolved Oxygen SM 4500-0 G (mg/L) Enterococci EPA 1600 1 cfu/100mL Total Phosphorous EPA 365.1 0.002 mg/L Total Kjeldahl Nitrogen EPA 351.2 0.08 mg/L Ammonia-N EPA 350.1 0.01 mg/L Nitrate/Nitrite EPA 353.2 0.01 mg/L Turbidity EPA 180.1 0.1 NTU 2.3 Data Management and Reporting a) The County shall electronically maintain all data collected throughout the life of the Project. b) The County shall submit quarterly reports which, at a minimum, shall include the following: i. Narrative summarizing the Project, data collection methodology, and applicable quality standards. ii. All chemistry lab data and field data. iii. Copies of field sheets which include data and field observations. iv. In narrative form, specify any monitoring problems that may have occurred during the course of the report period. Monitoring problems may include, but are not limited to, logistical issues, inclement weather, and equipment failures. v. A data validation statement. c) Quarterly Reports and data shall be submitted via email on the following schedule: October, November, and December data shall be submitted by January 30th; January, February, and March shall be submitted by April 30th; April, May, and June data shall be submitted by July 30th; July, August, and September data shall be submitted by October 30th. , EXHIBIT 1 Interlocal Agreement between the City of Miami Beach and Miami-Dade County for Surface Water Quality Sampling and Analysis 1.0 INTRODUCTION The City of Miami Beach ("the City") is a barrier island surrounded by Biscayne Bay, the Atlantic Ocean, and an interconnected system of waterways that provide habitat for fish and wildlife, opportunities for recreation, and an enhanced quality of life. As such, the City implements a multi-faceted strategy to limit pollution from entering its waterways and impacting water quality. Since 1994, Miami-Dade County ("the County") has conducted periodic water quality sampling events in Biscayne Bay on behalf of its 34 National Pollution Discharge Elimination System (NPDES) permit co-permittees, including the City of Miami Beach. However, this sampling program has focused primarily on the larger Biscayne Bay watershed and has not collected data along the City's coastline or within its waterways. The purpose of creating a water quality monitoring network in and adjacent to the City of Miami Beach is to measure the long-term status and trends of water quality parameters in these previously unstudied areas. The data collected will fill existing data gaps by establishing water quality baselines at the sampling locations in closer proximity to Miami Beach and help the City meet the following goals: 1. To track temporal trends in local water quality; 2. To determine the success of the City's stormwater management program; 3. To identify if there are any potential water quality impacts; and 4. To improve the City's understanding of where additional water quality treatment measures may be appropriate. 2.0 SCOPE OF WORK The County shall conduct monthly surface water quality sampling at six (6) stations in and adjacent to the City (Figure 1). Water samples shall be collected and analyzed for physical, chemical, and biological parameters ("the Project"). The Project duration is from April 1, 2016 to September 30, 2020. 2.1 Quality Assurance and Analysis Protocols a) For all sample collection, handling, documentation, and verification, the County shall comply with the Florida Department of Environmental Protection (FDEP) Quality Assurance Rule (Florida Administrative Code (FAC) 62-160) and the FDEP Standard Operating Procedures for Field Activities (FDEP SOP 001/01, Dec. 3, 2008). Additionally, the County shall, in accordance with the FDEP SOP 001/01 Section FA3300, maintain a Field Quality Manual. If there are to be any variances from the minimum requirements under FAC 62-160 or the FDEP SOP, the County must provide proof, in writing, of approval for the variance by the FDEP prior to implementation of the variation (email transmission of this approval is adequate). This includes any variations in sampling procedures or quality assurance/quality control (QA/QC)protocols. b) All analyses will be performed by the laboratory in the Division of Environmental Resources Management, Department of Regulatory and Economic Resources (RER- DERM), or by other laboratories contracted with the County that hold NELAC certification for that analysis/method. 2.2 Water Sample Collection a) The County shall conduct monthly collections of the parameters listed in Table 1 at the six stations. Figure 1 shows the approximate location of the stations. Prior to the first sampling event, the County will determine the sites and will provide location descriptions and geographic coordinates to the City. b) The six stations indicated in Figure 1 may be relocated by mutual written agreement of the County and City to optimize sampling efficiency or to improve characterization of the sampling region. c) The physical parameters include depth, temperature, pH, dissolved oxygen, specific conductance, and salinity. Data for each physical parameter will be collected in the water column at 0.1 meter (m) below the surface, at 0.5 m (where depths allow) and approximately 0.1 m above the bottom substrate. d) For laboratory analytical samples, surface water shall be collected at a depth of 0.5 m below the surface using a horizontal Niskin sampler. e) Enterococci will be sampled direct surface water grabs. Table 1. Project sampling parameters for each station. Parameter Method MDL/units Temperature SM 2550B (C°) pH SM 4500 H+B (units) Specific Conductivity SM 2510A (µS/cm) Salinity SM 2520B (ppt) Dissolved Oxygen SM 4500-0 G (mg/L) Enterococci EPA 1600 1 cfu/100mL Total Phosphorous EPA 365.1 0.002 mg/L Total Kjeldahl Nitrogen EPA 351.2 0.08 mg/L Ammonia-N EPA 350.,1 0.01 mg/L Nitrate/Nitrite EPA 353.2 0.01 mg/L Turbidity EPA 180.1 0.1 NTU 2.3 Data Management and Reporting a) The County shall electronically maintain all data collected throughout the life of the Project. b) The County shall submit quarterly reports which, at a minimum, shall include the following: i. Narrative summarizing the Project, data collection methodology, and applicable quality standards. ii. All chemistry lab data and field data. iii. Copies of field sheets which include data and field observations. iv. In narrative form, specify any monitoring problems that may have occurred during the course of the report period. Monitoring problems may include, but are not limited to, logistical issues, inclement weather, and equipment failures. v. A data validation statement. c) Quarterly Reports and data shall be submitted via email on the following schedule: October, November, and December data shall be submitted by January 30th; January, February, and March shall be submitted by April 30th; April, May, and June data shall be submitted by July 30th; July, August, and September data shall be submitted by October 30th. 2.4 Cost of Surface Water Sampling and Analysis a) The City agrees to pay the County for the following water quality sampling and analysis costs incurred in the performance of this Interlocal Agreement ("Agreement") as reflected in Table 2. b) Table 2. Itemized Project costs by fiscal year. FY16 FY17 FY18 FY19 FY20 Five Yr Total Salary $ 4,165 $ 8,580 $ 8,837 $ 9,102 $ 9,375 $ 40,059 Laboratory Costs $ 4,025 $ 8,292 $ 8,541 $ 8,797 $ 9,061 $ 38,716 Operating Supplies $ 214 $ 441 $ 454 $ 467 $ 481 $ 2,057 Vehicle $ 309 $ 637 $ 656 $ 675 $ 696 $ 2,972 Total $ 8,713 $ 17,949 $ 18,487 $ 19,042 $ 19,613 $ 83,803 b) Total Agreement Cost. The total reimbursable cost to the County for surface water sample collection and analyses for the life of this Agreement is not to exceed $83,803. 3.0 TERMS OF AGREEMENT 3.1 Indemnification Clause The City 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, cases of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the performance of this Agreement by the City or its employees, agents, servants, partners,.principals or subcontractors. The City 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 and within the limitations of Section 768.28 Fla. Stat., subject to the provisions of that Statute whereby the City 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 by paid by the City 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 City. The County does hereby agree to indemnify and hold harmless the City 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 judgements or portions thereof, which, when totaled with all other occurrence, exceeds the sum of $300,000 from any and all personal injury or property damage claims, liabilities, losses and causes of action which may arise solely as a result of the negligence of the County. However, nothing herein shall be deemed to indemnify the City from any liability or claim arising out of the negligent performance or failure of performance of the entity or any unrelated third party. 3.1 Deliverables and Payments a) The City agrees to reimburse the County for costs of activities set forth in this agreement. b) The County will provide quarterly status reports to the City with all data generated in that quarter. These quarterly reports will be submitted electronically to the City's designated Agreement manager. c) The County will submit invoices no more frequently than quarterly to the City. Invoices will include the details of all expenses incurred. d) The City will review invoices and notify the County within 14 calendar days of any discrepancies or questions regarding the invoice. Unless otherwise notified, an invoice is considered `accepted' 15 calendar days after submittal. However, the City retains the right to request additional supporting documentation and information prior to the invoice due date, and the County will provide such additional supporting documentation and information to the City within 30 calendar days. e) Payment of the invoice is due 30 calendar days after acceptance of the invoice. 3.2 Amendments This Agreement be modified by amendment through mutual written agreement of both parties, pursuant to authorization by the Miami-Dade County Board of County Commissioners and the City of Miami Beach City of Commission. All amendments to this Agreement must be • • • • • - in writing and--signed by both parties,._and will become effective as of the date of the final signatory, unless otherwise noted therein: • • • • • • 3.3 Approvals This Agreement is`agreed to'and becomes effective upon final-execution of the Agreement by the parties: • - For For City of Miami Beach, Florida Miami-Dade County, Florida Mayor Philip Levine Mayor or Mayor's Designee • Date Date • • Attest: Raphael E..Granado,-City Clerk • • • tA O I. O O N r"""''.,-t l"wtr al f C i Cll WNW U Cl.)CZ 2 ZI o d 'd as V O cvs o _ t O tco • • co ....1q....,.,L.:,...,„ ,,mittet,t - 41;e0s Cal ItT t :i•.i:7:7;-....., ilAi. ... mi.. 1;7.(,' 0' ;61E-‘," r,;.1.=:: k'i,.11-..;''';;;.r 140 VC"' ..1 , b1) •� T i 1 ` .. .• r O 4 �'killiiiii.- �in iiiiAii • 1' = Agit s f �` p .`b t�� nor ;:•t:i: r. • CC nvawoa�' ��� s•.w a�M I Nasal:, .' a. op aih....,, w