HomeMy WebLinkAboutReso 98- 50
RESOLUTION NO. 98- 50
A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING THE INTERLOCAL AGREEMENT
FOR PERFORMANCE BY MIAMI-DADE COUNTY
DEPARTMENT OF ENVIRONMENTAL RESOURCE
MANAGEMENT (DERM) OF PROFESSIONAL SERVICES
ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING
PERMIT FOR THE CITY OF SUNNY ISLES BEACH;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Environmental Protection Agency requires that subdivisions within the State
of Florida, including the county and municipalities, participate in a five-year operating permit for the
sampling, monitoring and analysis of stormwater sewage systems throughout Dade County; and
\"f'llEREAS, the City OfSulUly Isles Beach shall not iequest an exemption flom the provision
ofthe Miami-Dade County StOl mwater Utility Ordinance for municipalities anti! September 30, 1998,
whereby tlu ough Interlocal Agreement the COunt j continues to plan, constr uct, opel ate and n.ahrtain
stormwatel management systems for the municipality on a county-wide basis, and
WHEREAS, in order to participate with and cooperate with the County in order to comply
with EPA NPDES Final Rule 40, CFR Parts 122, 123 and 124;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, THAT:
1, The City Manager is authorized to execute the NPDES Interlocal Agreement, attached as
Exhibit "A" provided that the City does not assume any greater liability as a co-permittee than that
which would related strictly to the corporate boundaries of the City of Sunny Isles Beach,
2. The City Manager and City Attorney be authorized to take whatever action is necessary to
effectuate the performance of this Agreement,
3. This Resolution shall become effective upon adoption,
PASSED AND ADOPTED this 28th day of May, 1998,
EPA-NPDES RES
ATTEST:
rr~ ~MM~ltA
Richard Brown-Morilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~ !
Lynn M. Dannheisser, City Attorney
Vote:
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffinan
Commissioner Morrow
V"(Yes)
V (Yes)
V(Yes)
V(Yes)
V (Yes)
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INTERLOCAL AGREEMENT FOR PERFORMANCE BY
MIAMI-DADE COUNTY OF PROFESSIONAL
SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES
OPERATING PERMIT FOR SUNNY ISLES BEACH
THIS INTERLOCAL AGREEMENT, [hereinafter the "Agreement "] by and
between Miami-Dade County, a public body corporate and politic,
through its governing body, the Board of County Commissioners of
Miami-Dade County, Florida [hereinafter sometimes referred to as
"COUNTY"], and the City of Sunny Isles Beach, a political
subdivision of the State of Florida, [hereinaf~er sometimes
~.". .
referrew- to as "CITY"], is er:tered into tr:is 1-:7- ,! ,.:7 day of
~~~ , 1998. Th1S Agreement 1S created to allow the
CITY ~o ibe included as a co-permittee under the United States
Environmental Protection Agency [hereinafter "EPA"] National
Pollutant Discharge Elimination System [hereinafter "NPDES"]
Stormwater Discharge Operating Permit.
Section I
Definitions
For purposes of this Agreement, the following terms shall
apply:
Aoreement 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 City of Sunny Isles Beach, by and through its
Office of the City Manager.
COUNTY shall mean Miami-Dade County, by
Department of Environmental Resources Management
and through
("DERM") .
its
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 ef fect on
the rights or obligations under this Agreement.
1
In all other instances, terms used
have the definitions contained in the EPA
Parts 122, 123 and 124 (Attachment "A"),
reference.
in this Agreement shall
NPDES Final Rule 40 CFR
incorporated herein by
Section II
Term of Agreement
The term of this Agreement shall corrunence with the date of
execution, and shall expire on November 16, 2000.
Section III
Scope of Work
The parties hereto agree that the EPA is requiring as part of
a five year NPDES Operating Permit the sampling, monitoring, and
analyzation (hereinafter "analysis") of a variety of storm 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 participating municipality by the
total number of outfalls existing within the geographic boundaries
of all co-permittees.
Section IV
COUNTY's Obligations
Comoliance with NPDES
perform all analysis and
Miami-Dade County's NPDES
Permit") .
Ooeratina Permit The COUNTY shall
related activities as required In
Operating Permit (hereinafter "NPDES
Permits and Aoorovals The COUNTY shall obtain all applicable
federal, state and local permits and approvals (with the exception
of CITY permits, which shall be obtained by the CITY) which are
required in order to conduct activities required under the NPDES
Permit. The County shall secure prior written approval from the
City for any work to be performed within the corporate boundaries
of the City of Sunny Isles Beach pursuant to the NPDES Operating
Permit.
Reoort The COUNTY shall provide the CITY with a report which
shall set forth the CITY's obligations under the NPDES Permit and
the results of all monitoring and sampling activities required
under the NPDES Permit.
Notice of DERM Meetina(s) The COUNTY shall provide the
CITY with oral or written notice of all regular meetings held by
DERM staff for the purpose of reviewing the compliance status with
the NPDES Permit.
2
Section V
CITY's Obligations
Submittal of Outfall Information The CITY agrees to provide
the COUNTY with outfall update information as promptly as any
changes in outfalls occur, in order that the data maintained by
the COUNTY may be accurate and current.
Placement of COUNTY Eauioment The CITY acknowledges that
COUNTY equipment may be placed within the CITY's area of
jurisdiction for extended periods of time, as necessary to
complete the sampling and monitoring tasks contemplated by this
Agreement and the NPDES Permit.
Comoensation Within ten (10) days from the date of
execution of this Agreement the CITY shall make a lump sum payment
to the COUNTY of its orooortionate share of the payment due to the
COUNTY for associated monitoring activities which are the
CITY's financial obligation pursuant to this Agreement, The sum
due shall be determined by dividing the total cost for analysis by
the relative percentages that each participating municipality
contributes towards stormwater drainage to United States bodies of
water. It is hereby agreed that the total cost for analysis 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
the five year NPDES 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 Permit status to Individual Permit Holder. As
of February 19, 1998, twenty-two' (22) cities and the Florida
Department of Transportation (FDOT) have indicated their
participation as co-permittees with Miami-Dade County in the
NPDES Final Rule process. Therefore, based on these commitments,
the orooortionate share of each co-permittee has been calculated
and is listed on Attachment "B".
Indemnification The CITY shall indemnify and hold harmless the
COUNTY from any and all damages or other liability incurred by the
CITY by virtue of any action which might be taken by EPA against
the CITY based upon the results obtained during the sampling and
reporting set forth by the Part 2 EPA NPDES Final Rule process, or
by any results obtained during the five year term of the NPDES
Permit,
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 attorneys' 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 CITY or its employees, agents, servants,
3
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, judgments, 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
judgment by anyone person which exceeds the sum of $100,000, or
any claim or judgment or portions thereof, which, when totaled
with all other claims or judgment 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 attorneys' fees and costs
of defense, which the CITY 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 CITY, where applicable, including appellate
proceedings, and shall pay all costs, judgments, 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
judgment by anyone person which exceeds the sum of $100,000, or
any claim or judgment or portions thereof, which, when totaled
with all other claims or judgment 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,
liabili ties, losses or causes of action which may arise as a
result of the negligence of the COUNTY.
4
Access/Citv Permits The CITY shall provide the COUNTY with
reasonable access at all times as necessary to accomplish the
analysis of any storm sewer systems 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 CITY to
accomplish the above activities that may be located within the
CITY's jurisdiction.
Section VI
COUNTY Event of Default
Without limitation, the failure by
substantially fulfill any of its material
accordance with this Agreement, unless justified
shall constitute a "COUNTY event of default".
the COUNTY to
obligations in
by Force Majeure,
If a COUNTY event of default should occur,
have all of the following rights and remedies
exercise singularly or in combination:
the CITY shall
which it may
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 CITY;
2. Any and all rights provided under federal laws and
the laws of the State of Florida.
Section VII
CITY Event of Default
In addition to the provisions set forth in Section V,
Compensation, and without limitation, the failure by the CITY to
substantially 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
with 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.
5
Section VIII
General provisions
Authorization to ReDresent CITY in NPDES Permit The
CITY hereby authorizes the COUNTY to act on its behalf with
respect to the monitoring and sampling portions of the NPDES
Permit and shall comply with all requirements imposed by EPA with
respect thereto as a condition of the NPDES Permit.
Attendance at DERM Permit Review Meetinas The CITY may, but
lS not required to, attend any or all regular meetings held by
DERM staff for the purpose of reviewing the status of the NPDES
Permit.
Termination Either party may terminate this Agreement
without cause by providing sixty (60) days prior written notice of
intent to terminate 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 COUNTY, and the CITY shall then be entitled to such
reimbursement only to the extent that services providing
information useful to the NPDES Permit have not been rendered by
the COUNTY. Upon termination by ei ther party, the NPDES permi t
status of the CITY shall revert to Individual Permit Holder.
Entire Aareement; Prior Aareements SUDerseded; Amendment to
Aareement 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 subj ect 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 wri t ten. 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.
Headinas Captions
ease of reference only
Agreement and shall not
any provisions herein.
and headings in this Agreement are for
and do not constitute a part of this
affect the meaning or interpretation of
6
Notices and Aooroval 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 CITY:
City of Sunny Isles Beach
17040 Collins Avenue
Sunny Isles Beach, Florida
Attn.: City Manager
305/947-0606
Performance bv 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.
Riahts of Others Nothing in
is intended to confer upon any
hereto any rights or remedies
Agreement.
the Agreement express or implied
person other than the parties
under or by reason of this
Time is of Essence It is mutually agreed that time lS of the
essence in the performance of all terms and conditions to be met
and performed pursuant to this Agreement.
Governina 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
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.
7
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.
Waiver There shall be no walver 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.
8
IN WITNESS THEREOF, the parties
representatives hereby.' execute this
date of111;lqj
or their duly authorized
Agreement with an effective
Attest:
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'City Cl,erk Dated
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:~~
City Attorney
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Miami-Dade County
Attorney's Office
City of Sunny Isles Beach
500 N.E. 87 Street
Sunny Isles Beach, Florida
33180
Authorized signature on
of the City of Sunny
Beach, Florida
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By :-/_(~_='CI-d~-'
City of Sunny
Isles Beach
behalf
Isles
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Dated
MIAMI-DADE COUNTY,
FLORIDA
bX:
ji;r
For the Board of County
Commissioners, Miami-Dade
County, Florida
Stephen P. Clark Center
111 N.W. 1st Street
Miami, Florida 33128
HARVEY RUVIN, CLERK
Attest:
By:
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9
A TT ACHMENT "B"
"ANNUAL MONITORING COSTS FOR DADE COUNTY AND
CO-PERMITTEES"
Municipalityl Agency
1. Bal Harbour Village
2. Town of Bay Harbor Islands
3. City of Coral Gables
4. Miami-Dade County
5. Fla. Dept. of Trans. (FDOT)
6. Town of Golden Beach
7. City of Hialeah Gardens
8. City of Homestead
9. Indian Creek Village
10. Town of Medley
11. City of Miami Beach
12. Miami Shores Village
13. City of Miami Springs
14. City of North Bay Village
15. City of North Miami
16. City of North Miami Beach
17. City of Opa-Locka
18. City of South Miami
19. Town of Surfside
20. City of West Miami
21. Village of Key Biscayne
22. Village of Pinecrest
23. City of A ventura
24. Village of E1 Portal
25. City of Sunny Isles Beach 3
Totals
Number of
Outfalls
11
54
104
1,495
740
39
4
6
13
1
206
36
2
52
163
222
9
12
12
2
23
62
110
7
87
3,472
Percentage Total of
Outfalls
0.3
1.6
3.0
42.9
21.3
1.1
0.1
0.2
0.4
0.1
5.9
1.0
0.1
1.5
4.7
6.4
0.3
0.3
0.3
0.1
0.7
1.8
3.2
0.2
2.5
100.0
Dollar Contribution for
NPDES County Plus C.P
1,800
9,600
18,000
257,400
127,800
6,600
600
1,200
2,400
600
35,400
6,000
600
9,000
28,200
38,400
1,800
1,800
1,800
600
4,200
10,800
19,200
1,200
15,000
$600,000 2
1 C.P. is Co-Pennittees
2 Total Annual Cost for County and Co-Pennittees' NPDES Requirements
3 Revised adding City of Sunny Isles Beach. Changes affect only Sunny Isles Beach and Miami-Dade County
h0
City of Sunny Isles Beach �
17070 Collins Avenue, Suite 250
Sunny Isles Beach. Florida 33160
(305) 947 -0606 phone (305) 949 -3113 fax
David Samson
Mavor
To: City Commission
Ining Turetsky
From: City Attorney
Vice Mayor
Commissioners
Date: May 18, 1998
Danny Iglesias
Lila Kauffman
Subject: NPDES PERMITTING AGREEMENT
Connie ilforrow
James DiPietro
City Manager
RECOMMENDATION
Lynn M. Dannheisser
city Attomey
It is recommended that the City Commission adopt a resolution allowing the City of
Sunny lsles Beach to become a co- permitee under the NPDES agreement for the following
reasons.
REASONS
In connection with the City's decision to become exempt from the County's storm water
utility system and to implement its own storm water utility system and access charges in
connection therewith, the City is obligated to join with the County in compliance with the
provisions of the Clean Water Act 33 U.S. C. 1251, as amended, by the Water Quality Act
of 1987. In compliance with the Environmental Protection Agency, the National Pollutant
Discharge Elimination System Program permit covers all areas located within the political
boundaries of Miami -Dade County and which may be served by municipal separate storm
water systems owned and operated by the perritees.
The City of Sunny Isles Beach by virtue of execution of this agreement and by virtue of
the resolution adopting this agreement will become a co- permitee within the boundaries
of the City pursuant to the permit program. This permit authorizes all existing and new
storm water point source discharges from portions of the municipal separate storm water
system owned and operated by permitees to discharge in a manner that reduces pollutants.
The agreement allows the placement of County equipment for sampling and monitoring
tasks contemplated by the agreement in the NPDES permit. The County will prepare the
required reports for the EPA. This agreement will become effective October 1, 1998, at
the same time as we are exempted from the Miami -Dade County storm water utility
system. Please direct further questions have to the City Manager.
Respectfull submitted,
Lynn M. Dannheisser,
City Attorney
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