HomeMy WebLinkAbout2000-24151 RESO
RESOLUTION NO. 2000-24151
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY
FOR THE PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED WIm
THE UNITED STATES ENVIRONMENTAL PROTECflON AGENCY'S NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM, FIVE YEAR OPERATING
PERMIT.
WHEREAS, the City of Miami Beach, Miami-Dade County, the Florida Departmem
of Transportation and twenty other Miami-Dade County Municipalities are all co-permittees
under a United States Environmental Protection Agency (USEPA) National Pollutant
Discharge Elimination System (NPDES) Permit; and
WHEREAS, the NPDES permit regulates stormwater management through the
establishment of standards for storm sewer system operations, maintenance, inspection and
environmental monitoring; and
WHEREAS, one element of the NPDES permit requires each permittee to monitor the
quality of the stormwater being discharged to surface water bodies (Biscayne Bay, canals,
lakes, etc.) within their jurisdictions; and
WHEREAS, the stormwater quality monitoring requires the collection of stormwater
samples, on a quarterly basis, from each major outfall (point of discharge) within the storm
sewer system (The City has 18 major outfalls.), and laboratory analysis of each sample for a
list of indicator parameters; and
WHEREAS, in order to avoid having each co-permittee establishing their own
monitoring programs, Miami-Dade County has negotiated an Agreement with the USEPA
which allows the County's Department of Environmental Resources Management to provide
the required water quality monitoring services for all the co-permittees; and
WHEREAS, the County then offered to provide their stormwater quality monitoring
services to each of the other permittees, on a cost reimbursement basis, via an Interlocal
Agreement; and
WHEREAS, because the County had the necessary staff, expertise and equipment to
effectively provide the required services and because they were able to provide them for
significantly less cost than the City would have had to pay to establish its own program, the
City has utilized the County's services for the past five years, under the terms of a Consent
Agreement; and
WHEREAS, the County has performed its services well and all of the USEPA's
requirements and reporting deadlines have been met; and
WHEREAS, throughout the past five years, the County has charged the City $36,400
per year for their monitoring services, which is about $15,000/year less than the City's
projected cost for independent monitoring; and
WHEREAS, because of refinements in the monitoring program, the County has been
able to lower the City's annual cost to $26,550, a $9,850/yr reduction; and
WHEREAS, the Interlocal Agreement for the performance of the stormwater quality
monitoring services will expire on November 16, 2000; and
WHEREAS, the City desires to continue utilizing the County's services, the
Administration and the County have negotiated the attached Interlocal Agreement which will
allow the County to continue moniloring the City's stormwater quality until November 16,
2005.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission herein authorize the Mayor and City Clerk to execute the attached Interlocal
Agreement with Miami-Dade County, for the performance of professional services associated
with the United States Environmental Protection Agency's National Pollutant Discharge
Elimination System, Five Year Operating Permit.
Passed and Adopted this 8th day of November, 2000.
IJ!A
ATTEST:
MAYOR
~rp~
CITY CLERK
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
1J(~ ~
r'".:J'.'I?rnev ~ DaM
CITY OF MIAMI BEACH
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CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
~33-00
FROM:
Mayor Neisen O. Kasdin and
Members ofthe City Commission
Jorge M. Gonzalez ~ ~
City Manager O' (j
DATE: November 8, 2000
TO:
SUBJECT:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE
MIAMI-DADE COUNTY FOR THE PERFORMANCE OF PROFESSIONAL
SERVICES ASSOCIATED WITH THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY'S NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM, FIVE YEAR OPERATING
PERMIT.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
BACKGROUND
The City of Miami Beach, Miami-Dade County, the Florida Department of Transportation and twenty
other Miami-Dade County Municipalities are all co-permittees under a United States Environmental
Protection Agency (USEP A) National Pollutant Discharge Elimination System (NPDES) Permit. The
NPDES permit regulates stormwater management through the establishment of standards for storm
sewer system operations, maintenance, inspection and environmental monitoring.
One element of the NPDES permit requires each permittee to monitor the quality of the stormwater
being discharged to surface water bodies (Biscayne Bay, canals, lakes, etc.) \\ithin their jurisdictions.
The stormwater quality monitoring requires the collection of stormwater samples, on a quarterly basis,
from each major outfall (point of discharge) within the storm sewer system (The City has 18 major
outfalls ), and laboratory analysis of each sample for a list of indicator parameters.
In order to avoid having each co-permittee establish their own monitoring programs, Miami-Dade
County has negotiated an Agreement with the USEPA which allows the County's Department of
Environmental Resources Managemenl (DERM) to provide the required water quality monitoring
services for all the co-permittees. The County then offered to provide their stormwater quality
monitoring services to each of the other permittees, on a cost reimbursement basis, via an Inlerlocal
Agreement.
AGENDA ITEMCl Ii
DATEj I~-ro
Because the DERM had the necessary staff, expertise and equipment to effectively provide the
required services and because they were able to provide them for significantly less cost than the City
would have had to pay to establish its own program, the City has utilized the County's services for the
past five years, under the terms of a Consent Agreement.
The County has performed its services well and all of the USEP A's requirements and reporting
deadlines have been met. Thoughout the past five years, the County has charged the City $36,400
per year for their monitoring services (about $15,OOO/year less than the City's projected cost for
independent monitoring).
The lnterlocal Agreement for the performance of the stormwater quality monitoring services will
expire on November 16,2000. Because the City desires to continue utilizing the County's services,
the Administration and the County have negotiated the attached lnterlocal Agreement which will allow
the County to continue monitoring the City's stormwater quality until November 16,2005. Because
of refinements in the monitoring program, the County has been able to lower the City's annual cost
to $26,550 (a $9,850/yr reduction).
CONCLUSION
The City Commission should hereby approve the execution of the attached lnterlocal Agreement with
Miami-Dade County, for the performance of professional services associated with the United States
Environmental Protection Agency's National Pollutant Discharge Elimination System, Five Year
Operating Permit.
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INTERLOCAL AGREEMENT BETWEEN
CO-PERMITTEES NAMED IN NATIONAL
POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT NO. FLS000003;
PROVIDING FOR CONTROL OF
POLLUTANT DISCHARGES BETWEEN
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS
This Interlocal Agreement ("Agreement") is made and entered into this day of
November, 2000, by and between all co-permittees named in Permit No. FLS000003,
Authorization to Discharge under the National Pollulant Discharge System, to provide for
conlrol of discharges from any and all municipal separate slorm sewer systems Ihat may
be shared by any of the parties to this Agreement, as required by the Environmental
Protection Agency [hereinafter referred to as the "EPA"] National Pollutant Discharge
Elimination System [hereinafter referred 10 as "NPDES"] Permit Application Regulations
for Storm Water Discharges Final Rule [hereinafter referred to as "NPDES Final Rule"].
Section I
Definitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this docwnent, including any written amendments thereto,
and other written docwnents or parts thereof which are expressly incorporated herein by
reference.
CITY or CITIES shall mean the following municipalities named in NPDES Permit No.
FLS000003 as Co-Permittees: 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 El Portal, City of A ventura, City of Sunny "Isles Beach, Town
of Surfside, Cily of West Miami, City of South Miami, City of Homestead, City of Opa-
Locka, Village of Pinecrest, Town of Medley, City of Miami Springs, Village of Key
Biscayne, and the City of Hialeah Gardens.
COUNTY shall mean Miami-Dade County
FDOT DISTRICT shaH mean the Florida Department of Transportation, District VI.
FDOT TURNPIKE shall mean the Florida Department of Transportation, Turnpike
District.
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
I
disturbance or similar occurrence, which has had or may reasonably be expected 10 have
a material adverse effecl on the rights or obligations under Ihis Agreement.
MS4 shall mean municipal separate slorm sewer system, as sel 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 (Atlachmenl"A"), as may be
amended from time to lime and incorporated herein by reference.
Section II
Term of Agreement
The lerm ofthis Agreement shall commence upon the date of execution by the COUNTY
and shall remain in effect until November 16,2005. This agreement may be extended for
multiple five(5) year terms, up to a maximum oftwenty-five(25) years, upon adoplion of
the co-permitlees of a resolulion approving said extension and by approval by FDOT
DISTRICT and FDOT TURNPIKE.
Section III
Purpose
40 CFR 122.26(d)(2)(i)(D) requires control of pollutants through interlocal agreements,
making each NPDES co-permitlee responsible for discharges from their municipal
separate storm sewer system to the municipal separate storm sewer system of another
NPDES co-permitlee or to the waters of the United States. This Agreement sets forth the
agreement of the CITIES, FDOT DISTRICT and FDOT TURNPIKE, and the
COUNTY with respect to shared responsibilities in the identification and control of
discharges from one municipal separate storm sewer system to another.
Section IV
General Responsibilities
Responsibilitv for Discharl!es The CITIES, COUNTY, FDOT DISTRICT and
FDOT TURNPIKE, as co-permitlees on the NPDES MS4 PeniUt, shall each be
responsible for the control, investigation of and remedial activities relating to discharges
of pollutants from within their respective boundaries to the municipal separate storm
sewer system of another NPDES MS4 co-permitlee, pursuant to the requirements of
40CFR 122.26(d)(2)(i)(D).
Identification of Discharl!es Both the co-permitlee whose stormwater system generates
a pollutant discharge that impacts another co-permitee's system and the impacted co-
permitlee agree to cooperate by providing the staff and equipment necessary to identify
the source of pollutant discharges emanating from the separate stonn sewer system of one
co-permitlee to the separate stonn sewer system of another co-permitlee.
Notification When poIlutant discharges to a shared separate stonn sewer system are
discovered, the CITIES, FDOT DISTRICT, FDOT TURNPIKE or COUNTY, or any
or all of the aforesaid, 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
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COUNTY shall assisl, as needed, in any invesligation and identificalion of a source of
the discharge. If the COUNTY discovers a discharge in the separate storm sewer syslem
of a CITY, FDOT DISTRICT, FDOT TURNPIKE or the COUNTY, the COUNTY
will investigate the source of the discharge and report its findings to the affected NPDES
co-permiltees. When an investigalion specifically identifies an NPDES co-permiltee as
the source of a pollutanl discharge, that co-permiltee shall be responsible for ceasing the
discharge and remedialing the effects of the discharge by restoring Ihe affected MS4 in
accordance with applicable standards.
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, Walershed Management Bureau, shall be the final arbiler in determining
jurisdiction and responsibility for cessation of discharge, remedialion, and final
resolution.
Headinl!s Caplions and headings in this Agreement are for ease of reference only and do
nol constitute a part of this Agreement and shall not affect the meaning or interpretation
of any provisions herein.
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 this
Agreement, provided the malerial 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.
Notices and Approval Notices, approvals, and correspondence 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 SW 2nd Avenue, Suite 1200
Miami, FL 33130
Attn: Department Director
305/372-6789
3
To City,
FDOT Turnpike,
FDOT District:
Attn:
Performance bv Parties Except as othelWise provided in this Agreement, in the evenl
of any dispute arising over the provisions of this Agreemenl, 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.
Ril!:hts of Others Nothing in the Agreement expressed 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 met and performed pursuant to this Agreement.
Governinl!: Law This Agreement shall be governed by and construed in accordance with
the laws of the State of Florida. The COUNTY, CITIES, FDOT DISTRICT and
FDOT TURNPIKE 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.
Section V
Indemnification
The COUNTY, CITIES, FDOT DISTRICT and FDOT TURNPIKE do hereby agree
to indemnify and hold hannless each other to the extent and within the limitations of
Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the COUNTY,
CITIES, FDOT DISTRICT or FDOT TURNPIKE shall not be held liable to pay a
personal injury or property damage claim or judgment by anyone person which exceeds
the sum of $1 00,000, or any claim or judgments or portions thereof, which, when totaled
with all other occurrence, exceeds the sum of $200,000 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, CITIES, FDOT DISTRICT or FDOT
TURNPIKE. However, nothing herein shall be deemed to indemnify the entity from any
liability or claim arising out of the negligent performance or failure of performance of the
entity or any unrelated third party
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IN WITNESS WHEREOF, Miami-Dade Counly, Florida, has caused Ihis
Agreement to be executed in its name by the County Manager or his designee, attested by
the Clerk of the Board of Counly Commissioners and has caused Ihe seal of Ihe Board
of County Commissioners 10 be hereto attached; and the City of
, Florida has caused this Agreement to be executed in its
name by the City Mayor or his designee, attested by the Clerk of the City Council and has
caused the seal of Ihe Council to be hereto atlached, all on the day and year first written
above.
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
Clerk ofthe Board
By:
Clerk of the Board
By:
County Manager
ATTEST :'
City of tfiami Beach, Florida
By: ~J' p~
Clerk
Robert Parcher
By:
ff/
City Mayor
Neisen Kasdin
APPROVED AS 10
FORM & LANGUAGE
& FOR EXECUTION
~~
City ~ r{!\ 0aIw
5
if-u- W//t...4), .7tliI<J - .71//51
INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND MIAMI-DADE COUNTY FOR PERFORMANCE OF
PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE
YEAR NPDES OPERATING PERMIT
This Interlocal Agreement ("Agreemenl") is made and entered into this day of 2000, by and
between Miami-Dade County [hereinafter referred to as the "COUNTY"] and the Cily of Miami Beach,
[hereinafter referred to as the "CITY"], in order that Ihe City may be included as a co-permittee as provided
under the Environmental Protection Agency [hereinafter referred to as the "EP A"] National Pollutant Discharge
Elimination System [hereinafter referred to as "NPDES"] Permit Application Regulations for Storm Water
Discharges; Final Rule [hereinafter referred to as "NPDES Final Rule"], and that the professional services
required to accomplish the tasks sel forth in the NPDES Final Rule and Ihe NPDES MS4 Operaling Pemlit may
be initialed and performed on behalf of both the CITY and Ihe 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 Ihe City of Miami Beach, by and through its City Manager.
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, insurreclion, 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 conlained in the BPA NPDES
Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A") , incorporated herein by reference.
Section II
Term of Al!:reement
The lerm of this Agreement shall commence with the date of execution, and shall expire on November 16,
2005.
Section III
Scope of Work
The parties hereto stipulate and agree that the EP A is requiring as part of a five year NPDES MS4 Operating
Permit the sampling, monitoring, and analysis of a variety of slorm sewer systems throughout Miami-Dade
County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be
the joint responsibility of all participating municipalities, and shall be based on a percentage rate obtained by
dividing the number of outfalls that drain to United States bodies of water existing in each participaling
municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees.
Section IV
COUNTY's ObIieations
Compliance with NPDES MS4 Operating Permil The COUNTY shall perform all analyses and related
aClivities as required in Miami-Dade County's NPDES MS4 Operating Permit.
Permits The COUNTY shall oblain 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 conducl activities under the NPDES MS4 Operating Permit.
Report The COUNTY shall provide the CITY with a report with the results of all monitoring and sampling
activities required under the NPDES operating Permit.
Notice of DERM Meeting The COUNTY shall provide Ihe CITY 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
CITY's ObIieations
Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update informalion as
promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate
and current.
Prevention of Theft of COUNTY Equipmenl The CITY shall take reasonable steps 10 prevent theft or
vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such
equipment may be placed within the CITY's area of jurisdiclion for extended periods of time, as necessary 10
complele the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operaling
Permit.
Compensation Within forty-five (45) days from the date of execution of this Agreement, the CITY shall make a
lump sum payment to the COUNTY of its proportional share of Ihe payment due to the COUNTY for
associated monitoring aClivities which are the CITY's financial obligation pursuant to this Agreement. The sum
due shall be determined by dividing the total cost for analyses by the relative percentages that each participating
municipalily contribules towards stormwater drainage 10 United States bodies of water. It is hereby stipulated
and agreed thaI the total cost for analyses is a yearly stipend. The yearly cost as calculated will be subsequently
due on the anniversary date of execution of this Agreement in years two (2), three (3), four (4), and five (5) of
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the five year NPDES MS4 Operating Permit Failure to pay the agreed-upon lump sum payment or subsequent
payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the
CITY's NPDES MS4 Operating Permit status 10 Individual Permit Holder. The proportional share of each co-
permittee has been calculated and is listed on Attachment "B".
Access/Citv Permits The CITY shall provide the COUNTY with reasonable access al all times as necessary 10
accomplish the analysis of any storm sewer syslems 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
10 accomplish the above activities that may be located within the CITY's jurisdiction.
Section VI
Indemnification
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 cosls 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 10 or resulting
from the performance of this Agreement by Ihe 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 anyone person which exceeds the sum of
$100,000, or any claim or judgement or portions thereof, which, when totaled wilh all other claims or
judgement paid by the CITY 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 CITY.
The COUNTY shall indemnify and hold harmless the CITY 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 CITY or ils 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 oul of, relating to or resulting from Ihe
performance of Ihis Agreement by the COUNTY or its employees, agents, servants, partners, principals or
subconlractors. 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 CITY, 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 limitalions of Section 768.28
Fla Stat, subject to the provisions of that Statute whereby the COUNTY shall nol 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 aclion which may arise as a result of
the negligence of the COUNTY.
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Section VII
County Event of Default
Without limitalion, 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, Ihe CITY shall have all of the following rights and remedies
which it may exercise singly or in combination:
1. the right to declare Ihat 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 VIII
City Event of Default
In addition to the provisions set forth in Section V, Compensation, and without limitation, the failure by the
CITY to substanlially fulfill any of its material obligations in accordance with this Agreement, unless 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 singularly or in combination:
1. the right to declare that this Agreement together wilh 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.
Section IX
General Provisions
Authorization to Represent Ihe CITY in NPDES MS4 Operating Permit The CITY hereby authorizes the
COUNTY to act on its behalf with respect to the moniloring and sampling portions of the NPDES MS4
Operating Permit and shall comply with all requiremenls imposed by EPA with respect thereto as a condition of
the NPDES MS4 Operaling Permit.
Attendance at COUNTY Permit Review Meetings. The CITY 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.
Termination Either party may terminate Ihis Agreement without cause by providing sixly (60) days prior written
notice of intent to lerminate 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
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COUNTY, and Ihe CITY shall then be entitled to such reimbursement only to Ihe extent Ihat services providing
informalion useful 10 the NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by
either party, the NPDES MS4 Operating Permit stalus of the CITY shall revert to Individual Permit Holder.
Entire Agreement; Prior Agreements Superseded; Amendment 10 Agreement This Agreement incorporates and
includes all prior negotiations, correspondence, conversalions, agreements, and understandings applicable to the
matters conlained herein. The parties agree thaI there are no commitments, agreemenls, or understandings
concerning the subject matter of this Agreement that are nol contained in this Agreement, and that Ihis
Agreement contains Ihe enlire agreement belween the parties as to matters contained herein. Accordingly, it is
agreed that no deviation from Ihe terms hereof shall be predicaled upon any prior representations or agreements,
whether oral or written. It is further agreed thaI any oral representations or modifications concerning Ihis
Agreemenl shall be of no force or effecl, and that this Agreement may be modified, altered or amended only by
a written amendment duly executed by the parties hereto or their representalives.
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.
Notices and Approval Notices and approvals required or contemplated by this Agreemenl 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 City:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
(305) 673-7010
Performance bv Parties Except as othetwise 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 Ihan
the parties hereto any rights or remedies under or by reason of this Agreement.
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Time is of Essence It is mutually agreed that lime is of the essence in Ihe performance of all terms and
conditions to be met and performed pursuanl 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 jurisdiclion of Ihe State of
Florida for any controversy or claim arising out of or relating to Ihis Agreemenl 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 Counly, Florida, or in the United States
District Court for the Southern Districl of Florida, in Dade County, Florida.
Severabilitv The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this
Agreement shall nol affect the validity of the remaining portion of the Agreemenl, 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, Miami-Dade County, Florida, has caused this Agreement 10 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 Miami Beach,
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.
Harvey Ruvin,
Clerk of the Board
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
By:
Clerk ofthe Board
By:
County Manager
Clerk of the City
City of Miami Beach, FLORIDA
::rrs~~Mr~ .tt~
~KaSd1n, Mayor
BY:~~ f~
Robert Parcher, Clerk
6
APPROVED N) TO
FORM & LANGUAGE
& FOR EXECUTION
1/lI ~ 1),- (;-cV
City A1tomey ~'--- Dale
. . .
ATTACHMENT "B"
ANNUAL MONITORING COSTS FOR MIAMI-DADE COUNTY
AND CO-PERMITTEES
Municipality/Agency Number of Percentage total Dollar contribution for
Outfalls of Outfalls NPDES County Plus c.p.'
1. Cily of Avenlura 110 3.1 $13,950
2. Bal Harbour Village 11 0.3 $1,350
3. Town of Bay Harbor Islands 54 1.5 $6,750
4. City of Coral Gables 104 3.0 $13,500
5. Village ofEI Portal 7 0.2 $900
6. Town of Golden Beach 39 1.1 $4,950
7. City of Hialeah Gardens 4 0.1 $450
8. City of Homestead 6 0.2 $900
9. Indian Creek Village 13 0.4 $1,800
10. Village of Key Biscayne 23 0.7 $3,150
11. Town of Medley 1 0.1 $450
12. City of Miami Beach 206 5.9 $26,550
13. Miami Shores Village 36 1.0 $4,500
14. City of Miami Springs 2 0.1 $450
15. City of North Bay Village 52 1.5 $6,750
16. City of North Miami 163 4.7 $21,150
17. City of North Miami Beach 222 6.3 $28,350
18. City of Opa-Locka 9 0.2 $900
19. Village of Pine crest 62 1.8 $8,100
20. City of South Miami 12 0.3 $1,350
21. City of Sunny Isles Beach 87 2.5 $11,250
22. Town of Surfs ide 12 0.3 $1,350
23. City of West Miami 2 0.1 $450
24. Uninc. Miami-Dade Counly 1,495 42.7 $192,150
25. FDOT Dislrict VI 700 20.0 $90,000
26. FDOT Turnpike 65 1.9 $8,550
Totals: 3,497 100.0 $450,0002
1 c.p is Co-Permittees
2 Total Annual Cost of County and Co-Permittees' NPDES Requirements
(Revised 09/08/00)
Page 1 of2
Hatfield, Liliam
From: Henderson, Bruce
Sent: October 08,200208:51 AM
To: Hatfield, Liliam; Beckmann, Fred
Cc: Parcher, Robert; Martinez, Maria
Subject: RE: Incomplete Resolutions
Liliam:
This is at least the third time I have responded to your "incomplete resolutions" memo. Please
update your database.
Reso # 2000-24151 authorized the execution of an interlocal agreement with the County,
which the County later decided not to pursue. The interlocal agreement will not be executed
and therefore can not be submitted to the City Clerk's office.
Reso # 2001-24151 is not mine. I believe it belongs to Carl Hastings in CIP or Gus Lopez in
procurement.
Reso #2001-24377 is also not mine. I believe that one belongs to Walter Reddick in CIP.
Bruce
----Original Message---
From: Hatfield, Liliam
Sent: Mon 1017/20023:25 PM
To: Rolandelli, Alex; Johnson, Amelia; Henderson, Bruce; Hastings,Carl; Rodriguez, Rocio; Clifton Leonard;
caomb; Shockey, Donald; Jordan, Floyd; Beckmann, Fred; Lopez, Gus; Cardeno, Hernan; Damien, Joe;
Chartrand, Jorge; Gomez, Jorge; Meyers, Joyce; Hoanshelt, Judy; Bonde, Kent; Crowder, Kevin; Smith, Kevin;
Hemstreet, Tim; caomb; Ramos, Lupita; Rolandelli, Alex; Buttacavoli, Mayra; Lamazares, Mercedes; Cullen,
Michelle; Walker, Patricia; caomb; Middaugh, Bob; Rodriguez, Rocio; Singer, Ronnie; Frances, Saul; Kilroy,
Stacy; TheresaPope; Hemstreet, Tim
Cc: Gonzalez, Jorge; Parcher, Robert; Martinez, Maria
Subject: Incomplete Resolutions
Attached please find an updated version of the Incomplete Resolutions Report. Please review the report
carefully. The report is generated by contact name. All the resolutions listed under your name need
completion, i.e., amendments, signature, etc.
We appreciate your cooperation in this matter. If a listed document has been completed and submitted to
the City Clerk's Office, plase let me know, and I will change the status to completed in the program. Thank
you.
Liliam R. Hatfield, OA V
City of Miami Beach
City Clerk's Office
1700 Convention Center Drive
Miami Beach Fla 33139
10/0812002