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Interlocal Agreement with FDEP DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 20 r .--3Z 1-y e INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003 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 This Interlocal 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., DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11 F24EEAC2 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 III 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 1) 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)(1)(D) requires control of pollutants through interlocal agreements, making each NPDES CO-PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO- PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to shared responsibilities in the identification and control of discharges from one MS4 to another. Section IV COUNTY's Obligations 1. Compliance with NPDES MS4 Operating Permit The COUNTY shall perform monitoring and sampling activities as required in Miami-Dade County's NPDES MS4 Operating Permit. 2. 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. 2 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 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. 3 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 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. 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 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 NPDES MS4 Operating Permit. 2. 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. 3. Responsibility for Discharges The CO-PERMITTEES shall each be responsible for the control, investigation of and remedial activities relating to discharges of pollutants from within their respective MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO- PERMITTEE,pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). 4. Identification of Discharges Both the CO-PERMITTEE whose stormwater system generates a pollutant discharge that impacts another CO-PERMITEE'S system and the impacted CO- PERMITTEE agree to cooperate by providing the staff and equipment necessary to identify the source 4 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 of pollutant discharges emanating from the separate storm sewer system of one CO-PERMITTEE to the separate storm sewer system of another CO-PERMITTEE. 5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The COUNTY shall assist,as needed, in any investigation and identification of a source of the discharge. If the COUNTY discovers a discharge in the separate storm sewer system of a CO-PERMITTEE or the COUNTY, the COUNTY will investigate the source of the discharge and report its findings to the affected NPDES CO-PERMITTEES. When an investigation specifically identifies a NPDES CO- PERMITTEE as the source of a pollutant discharge, then that CO-PERMITTEE shall be responsible 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. In the event of termination by a CO-PERMITTEE, that CO-PERMITTEE shall owe the COUNTY 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 services,the CO-PERMITTEE shall promptly pay the COUNTY in full,no later than thirty (30) days from receipt of invoice. 8. Entire Agreement; Prior Agreements Superseded; Amendment to Agreement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. 9. Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. 10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties listed in Section T of this Agreement. 5 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 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. 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 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 JanuarylSt 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 31S` 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. 6 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 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. Name of Manager/Mayor(print) Signature Date Name of Clerk/Legal Representative(print) Signature Date 7 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF,Miami-Dade County, Florida,has caused this Agreement to be executed in its name by the County Mayor or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached. MIAMI-DADE COUNTY Stephen P. Clark Center 111 N.W. 1 Street Miami,FL 33128 Mayor or Mayor's Designee Date HARVEY RUVIN, CLERK Attest: Deputy Clerk Date 8 DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 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, • CITY OF MIAMI BEACH , 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 [X] 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. ALINA T. HUDAK, CITY MANAGER Name of Manager/Mayor(print) (: DocuSigned by: ERA • 5/26/2022 I 12:39 PM EDT •lA q€rges, ,9e.- Date RAFAEL E. GRANADO, CITY CLERK Name of Clerk/Legal Representative(print) DocuSigned by: p„f /�._Qh 5/26/2022 1 12:39 PM EDT ,^t t n FB5eacF... Date APPROVED AS TO FORM & LANGUAGE &0-2),— FOR EXECUTION S f-21.=Z 2- City Attorney. Date i DocuSign Envelope ID:B8A63640-E642-4392-957E-FF11F24EEAC2 ATTACHMENT"A" Miami-Dade County Co-Permittees NPDES Interlocal Agreement _ Water Monitoring Annual Estimated Costs Fiscal Year 2023 to 2026 Activity 1 Activity 2 Activity 1+2 Number of Percent of Pollutant Municipality/AgencyTotal Historical Co-Permittee Loading or Other Outfalls Monitoring and Annual Cost Outfalls Permit Analyses (not-to-exceed) Requirements 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 N_ 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 __--M $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 _ 4V 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 _2_5-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 'Virginia Gardens,Village of 5 0.06 $390 $60 $450 29 '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 r 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 NOTES: '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