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HomeMy WebLinkAboutNPDES Interlocal Agmt Draft ;; O")-S-_ cP 0'1:<$- , . .' INTERLOCAL AGREEMENT BETWEEN CO-PERiVIITTEES NAl\ilED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO. FLS000003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES AND BETWEEN ALL CO- PERMITTEES PROVIDING FOR CONTROL OF POLLUTANT DISCHARGES BETWEEN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS . " ~U~~ e This Interlocal Agreement (It Agreementtl) IS made and entered mto thIS day of. c';etReer -' 2005, by and between all CO-PERMITTEES named in Permit No. FLS000003, Authorization to Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for control of discharges from any and all municipal separate stonn sewer systems 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 FDEP) pursuant to :Section 403.0885, Florida Statutes, and Rule 62-624, Florida Administrative Code, and the Environmental Protection Agency (hereinafter referred to as the "EPAtI) National Pollutant Discharge Elimination System (hereinafter referred to as tlNPDES") Permit Regulations for Stonn Water Discharges Final Rule [hereinafter referred to as (ltNPDES 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 on behalf of both the CO-PERMITTEES and the 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: Miami-Dade County, Town of Bay Harbor Islands, Bal Harbour Village, City of Coral Gables, Indian Creek Village, City of North Bay Village, City of Miami Beach, City of North Miami Beach, Miami Shores Village, City of North Miami, Town of Golden Beach, Village of . EI Portal, City of Aventura, City of Sunny Isles Beach, Town of Surfside, City of West Miami, City of South Miami, City of Homestead, City of Opa-Locka, Village of Pine crest, Town of Medley, City of Miami Springs, Village of Key Biscayne, City of Hialeah Gardens, Town of Miami Lakes, Florida Department of Transportation District VI, Florida Department of Transportation Turnpike District, and the Miami-Dade County Expressway Authority. 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. 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 EP A "N"PDES Final Rule 40 CFR Parts 122, 123 and 124. Section II Term of Aereement The term of this Agreement shall commence upon the final date of execution by all CO-PERMITTEES, and shall expire on November 16, 2012. Section III Scope of Work The parties hereto agree that the EP A is requiring as part of the NPDES MS4 Operating Permit the sampling, monitoring, and analysis of a variety of storm sewer systems tlrroughout Miami-Dade County. The parties hereby agree that the monitoring costs attributable to this operating permit shall be the joint responsibility of all parties hereto, and 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. Furthermore, 40 CFR 122.26(d)(2)(i)(D) requires control of pollutants tlrrough 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 Oblieations 1. Compliance with NPDES MS4 Operatine 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 pennits 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 with the results of the monitoring and sampling activities required under the NPDES Operating Permit. 4. Notice of COUNTY Meetine 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 theNPDES MS4 Operating Permit. 2 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- PERlVIITTEE'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 Not later than ten (10) days after the date of execution of this Agreement by all CO- PERMITTEES, each Co-Permittee shall pay to the COUNTY its proportional share of the payment due for monitoring activities set forth in this Agreement and as set forth in Attachment "A" herein. The annual cost, in accordance with the schedule of payments set forth in Attachment "A" herein, shall be due on the anniversary date of execution of this Agreement for each year the NPDES MS4 Operating Permit is in force and effect. Failure to pay the agreed-upon costs to COUNTY in accordance with this Agreement shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. 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 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 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 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 CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgement by anyone person which exceeds the sum of $100,000, 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 $200,000 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. 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 ~ts 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- 3 PE~'lITTEE, 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 anyone person which exceeds the sum of $100,000, 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 $200,000 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. 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. 4 Section IX General Provisions 1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operatin2 Permit The CO- PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: monitoring and sampling portions of the NPDES MS4 Operating Permit; and compliance with requirements of those monitoring and sampling portions under the NPDES MS4 Operating Permit. 2. Attendance at COUNTY Permit Review Meetin2s. 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. Responsibilitv for Dischar2es 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 Dischar2es 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 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 particul()I 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 COpNTY will investigate the source of the discharge and report its findings to the affected NPDES CO-PERMITTEES. When an investigation specifically identifies an NPDES CO- PERMITTEE as the source of a pollutant discharge, 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 for cause by the CO-PERiVIITTEE, or termination without cause by the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the 5 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. 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 as follows: To County: Miami-Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372-6789 To Co-Permittee: Attn: 305/ 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. 6 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. Governin2 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. Severabilitv 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. Section X Execution in Counterparts This Agreement may 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 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 Town Mayor or his designee, attested by the Clerk of the Town Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: By: Clerk of the Board County Manager 7 ~p~~ B By: Clerk ach, Florida OUNCIL attest: Clerk of the City Robert Parcher David Dermer APPROVED AS TO fORM & LANGUAGE & FOR EXECUTION i\~ 6-2-&-0> D~' lnterlocal Agreement between Co-Permittees named in National Pollutant Discharge Elimination System permit No. FLS000003 ------------ Resolution No. 2005-25925 8 - . , \0 ATTACHMENT "A" ANNUAL MONITORING COSTS FOR MIAMI-DADE COUNTY AND CO-PERMITTEES Number Percent Dollar Contribution for Municipality/Agency of of Total NPDES Co-Permittees Outfalls o utfa lis 1 City of Aventura 138 3.2 $14,400 2 Sal Harbour Village 11 0.3 1,350 3 Town of Bay Harbor Islands 57 1.3 5,850 4 City of Coral Gables 110 2.5 11 ,250 5 Village of EI Portal 9 0.2 900 6 Town of Golden Beach 40 0.9 4,050 7 City of Hialeah Gardens 5 0.1 450 8 City of Homestead 47 1.1 4,950 9 I ndian Creek Village 16 0.4 1,800 10 Village of Key Biscayne 24 0.6 2,700 11 Town of Medley 1 0.1 450 12 City of Miami Beach 228 5.2 23,400 13 Miami Shores Village 36 0.8 3,600 14 City of Miami Springs 4 0.1 450 15 City of North Bay Village 54 1.2 5,400 16 City of North Miami 165 3.8 17,1 00 17 City of North Miami Beach 230 5.3 23,850 18 City of Opa-Iocka 10 0.2 900 19 Village of Pinecrest 63 1.4 6,300 20 City of South Miami 12 0.3 1,350 21 City of Sunny Isles Beach 90 2.1 9,450 22 Town of Surfside 12 0.3 1,350 23 City of West Miami 5 0.1 450 24 Uninc. Miami-Dade County* 1,986 45.4 204,300 25 FOOT District VI 590 13.5 60,750 26 FOOT Turnpike 65 1.5 6,750 27 Town of Miami Lakes 229 5.3 23,850 28 MDX 124 2.8 12,600 T atals 4,361 100.0 $450,000 1 Includes Outfalls for Doral, Miami Gardens, and Palmetto Bay 1 Total Annual Cost of County and Co-Permittees' NPDES Requirements Revised 05/19/2005