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Reso 2017-2707
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Reso 2017-2707
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Last modified
1/30/2018 9:52:58 AM
Creation date
7/21/2017 2:34:50 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2017-2707
Date (mm/dd/yyyy)
06/15/2017
Description
Interlocal Agmt w/Miami-Dade Co. for NPDES
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4. Notice of COUNTY Meeting The COUNTY shall provide the CO-PERMITTEES with oral or written <br /> notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status • <br /> with the NPDES MS4 Operating Permit. . • <br /> Section V . <br /> CO-PERMITTEES' Obligations <br /> 1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to <br /> prevent theft or vandalism of COUNTY equipment located within the CO-PERMITTEE'S geographic <br /> boundary. The CO-PERiVIITTEES agree that such equipment may be placed within each CO- <br /> PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling <br /> and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit. <br /> 2. Compensation Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed <br /> over the preceding fiscal year in accordance with Attachment "A", and as specified in the Execution in <br /> Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within <br /> six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year. <br /> Payment by the CO-PERMITTEE is to be made not later'than forty-five (45) days after the bill <br /> presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement <br /> shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The <br /> expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and <br /> paid by the CO-PERMITTEES during the following fiscal year. <br /> 3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as <br /> necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems <br /> which may be located within the CO-PERMITTEE'S geographic boundary. <br /> Section VI <br /> Indemnification <br /> Each CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents <br /> and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of <br /> defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of <br /> claims, demands, suits, causes of actions or proceedings of anykind or nature arising out of, relating to or <br /> resulting from the performance of this Agreement by the CO-PERMITTEE or its employees, agents, • <br /> servants, partners, principals or subcontractors. Each CO-.PERMITTEE shall pay all claims and losses in <br /> connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the <br /> name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs,judgements <br /> and attorney's fees.which may issue thereon. Provided, however, this indemnification shall only be to the <br /> extent of and within the limitations of Section 768.28 Fla Stat., and subject to the provisions of that Statute <br /> whereby the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or <br /> judgment by any one person which exceeds the sum of $200,000, or any claim or judgement or portions <br /> thereof, which, when totaled with all other claims or judgement paid by the CO-PER\IITTEE arising out of <br /> the same incident or occurrence, exceed the sum of $300,000 from any and all personal injury or property <br /> damage claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO- <br /> 3 <br />
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