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HomeMy WebLinkAboutReso 2000-282 RESOLUTION NO. 2000- "AB ~ A RESOLUTION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING INTERLOCAL AGREEMENTS BY AND BETWEEN THE CITY OF SUNNY ISLES BEACH AND MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBITS "A" AND "B," FOR PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ("NPDES") OPERATING PERMIT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Environmental Protection Agency ("EP A") 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 Miami-Dade County; and WHEREAS, by entering into an Interlocal Agreement with the County, the City may be included as co-permitee as provided under the EP A NPDES Permit Application Regulations for Storm Water Discharges. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, THAT: Section 1. Approval of Contract. The Interlocal Agreements, by and between the City of Sunny Isles Beach and Miami-Dade County, for performance of professional services associated with the five year NPDES operating permit, attached hereto respectively as Exhibits "A" and "B," be, and the same, are hereby approved, provided the City does not assume any greater liability as a co-permittee than that which would be related strictly to the corporate boundaries of the City of Sunny Isles Beach. Section 2. Authorization of City Manager. The City Manager is hereby authorized to execute said agreements and to do all other things necessary to effectuate same. Section 3. Effective Date. This Resolution shall become effective up n adoption. PASSED AND ADOPTED this 19th day of October, 2000. ATTEST: ~~~~~ Richard Brown- Morilla, City Clerk Page 1 of2 NPDES 2000 - res APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Vote: 5-0 Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky NPDES 2000 - res v' (Yes) ~(Yes) ~(Yes) -:7(Yes) ~(Yes) Moved by: V\ULfi\A:'1o~ r!L~~c.V Seconded by: C()YY\rY\l~\Drv~(2 .IGLt.~I~ _(No) _(No) _(No) _(No) _(No) Page 2 of2 r-~'., INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH AND l\UAMI-DADE COUNTY FOR PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED \VITH THE FIVE YEAR NPDES OPERATING PERL"IIT Th is In terl oc al Agreement (" Agreem en tOO) is made and entered into thi s /5 r day 0 f .j" n e. ~~. by and between Miami-Dade County [hereinafter referred to as the "COUNTY"] and the City of Sunny Isles Beach, [hereinafter referred to as the "CITY"], in order that the 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 set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit may be initiated and performed on behalf of both the CITY and the 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 the City of Sunny Isles 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, 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. In all other instances, terms used in this Agreement shall have the definitions contained in the EP A NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A") , incorporated herein by reference. Section II Term of Al?:reement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2005. Exhibit "A" Section III Scope of \-Vork 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 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 Obli2:ations Compliance with NPDES MS4 Operating Permit The COUNTY shall perform all analyses and related activities as required in Miami-Dade County's NPDES MS4 Operating Permit. Permits The COUNTY shall obtain 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 conduct 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 the 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 Obli{!ations 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. Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to 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 jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating 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 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 analyses by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated and agreed that 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 2 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 to Individual Permit Holder. The proportional share of each co- permittee has been calculated and is listed on Attachment liB". Access/City 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 COUNTY to 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 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, 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 with 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 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, 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. 3 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 CITY 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 CITY; 2. any and all rights provided under federal laws and the laws ofthe 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 substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "CITY Event ofDefault". 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 ofthe State of Florida: Section IX General Provisions Authorization to Represent the CITY in NPDES MS4 Operating Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES MS4 Operating Permit and shall comply with all requirements imposed by EP A with respect thereto as a condition of the NPDES MS4 Operating 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 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 4 COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providino infoffi1ation useful to the NPDES MS4 Pern1it have not been rendered by the COUNTY. Upon termination b~ either party, the NPDES MS4 Operating Permit status of the CITY shall revert to Individual Permit Holder. 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. 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 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 3051372-6789 To City: City of Sunny Isles Beach 17070 Collins Ave., Suite 200 Sunny Isles Beach, FL 33160 Attn: City Manager, (305) 947-0606 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. 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. 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. 5 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 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 Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. 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. 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 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 Sunny Isles 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, B ITS BOARD OF CO ISSIONERS Attest: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: County Attorney BY~~~ Richard Brown-Morilla, Clerk City of Sunny Isles Beach, FLORIDA APPROVED AS TO FORM By ITS COUNCIL attest: AND LEGAL SUFFICIENCY: By: c&L6~~ger~~ City Attorney 6 ATTACHMENT "B" ANNUAL MONITORING COSTS FOR MIAl\H-DADE COUNTY AND CO-PERi'\tlITTEES Municipality/Agency Number of Percentage total Dollar contribution for Outfalls of Outfalls NPDES County Plus C.P.1 1. City of Aventura 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 of EI 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 ofOpa-Locka 9 0.2 $900 19. Village of Pinecrest 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 Surfside 12 0.3 $1,350 23. City of West Miami 2 0.1 $450 24. Uninc. Miami-Dade County _.1 ,4~5 42.7 $192,150 25. FDOT District 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) 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 Pollutant Discharge System, to provide for control of discharges from any and all municipal separate storm sewer systems that may be shared by any of the parties to this Agreement, as required by 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"]. 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 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, City 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 shall 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 Exhibit "B" 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 EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment"A"), as may be amended from time to time and incorporated herein by reference. Section II Term of Agreement The term of this 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 adoption of the co-permittees of a resolution 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-permittee responsible for discharges from their municipal separate storm sewer system to the municipal separate storm sewer system of another NPDES co-permittee 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 Responsibility for Dischare:es The CITIES, COUNTY, FDOT DISTRICT and FDOT TURNPIKE, as co-peonittees on the NPDES MS4 Permit, 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-permittee, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). Identification of Dischare:es 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. Notification When pollutant discharges to a shared separate storm 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 2 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 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-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. 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, Watershed Management Bureau, shall be the final arbiter in determining jurisdiction and responsibility for cessation of discharge, remediation, and final resolution. Headine:s 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. 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 this Agreement, 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. 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: City of Sunny Isles Beach 17070 Collins Avenue Suite 250 Sunny Isles Beach, Florida 33160 Attn: Christopher J. Russo City Manager 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. Ri2hts 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. Governin2 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 harmless 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 $100,000, 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 4 . . 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 Sunny Isles Beach, 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 the Council to be hereto attached, all on the day and year first written above. Clerk of the Board By: Clerk of the Board City Clerk of Sunny Isles Beach Attest: BY(td,.."J~.. Richard Brown-Morilla City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: County Manager By: 5