HomeMy WebLinkAboutReso 2005-806
RESOLUTION NO. 2005- ~ ole
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT,
WITH MIAMI-DADE COUNTY, ATTACHED HERETO AS EXHIBIT "A",
FOR THE PERFORMANCE OF PROFESSIONAL SERVICES
ASSOCIATED WITH THE FIVE-YEAR NPDES OPERATING PERMIT;
AUTHORIZING THE CITY TO CONTRIBUTE ITS ANNUAL SHARE
AMOUNT OF NINE THOUSAND FOUR HUNDRED FIFTY DOLLARS
($9,450.00); AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE
AGREEMENT; 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 storm water sewage systems
throughout Miami-Dade County ("County"); and
WHEREAS, the City of Sunny Isles Beach ("City"), as has almost every municipality in the
County, has been a co-permittee with the County for the past seven (7) years; and
WHEREAS, based on the number of established outfalls, ninety (90) within the City, the
cost of the City's contribution is Nine Thousand Four Hundred Fifty Dollars ($9,450.00); and
WHEREAS, by renewing the Interlocal Agreement with the County, the City is included as
a co-permittee 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 Interlocal Agreement. The Interlocal Agreement with Miami-Dade
County for performance of professional services associated with the five year NPDES operating
permit, attached hereto as Exhibit "A", be, and the same, is hereby approved.
Section 2. Approval of Annual Payment. The City is hereby authorized to contribute its annual
share amount of Nine Thousand Four Hundred Fifty and 00/1 00 Dollars ($9,450.00) for each year
the NPDES MSR Operating Permit is in force and effect through the November 16, 2012 expiration
date.
Section 3.
Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement.
Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate the terms of the Agreement.
Page I of2
R2005- NPDES 5-Year Agmt
Section 5.
Effective Date. This Resolution will become effective upon adoption.
ATTEST: .
..,~ l\-'~
Jane A. Hines, City Clerk
Approved As to Form and
Legal Sufficiency:
Seconded by:
~ WVw\\. ~ s: \ O)l) U GOOt) t')\ ft-I\J
y\(.~ W\~ovl ~<t.R..,
Moved by:
Vote: 5-D
Mayor Edelcup
Vice Mayor Thaler
Commissioner Brezin
Commissioner Goodman
Commissioner Iglesias
~(Yes)
V (Yes)
(..../ (Yes)
-V(Yes)
V (Yes)
_(No)
_(No)
_(No)
_(No)
_(No)
Page 2 of2
R2005- NPDES 5-Year Agml
MIAMI'
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Water & Sewer
December 20, 2005
Mr. Christopher Russo
City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Environmental Resources Management
Water Management Division
33 SW 2nd Avenue · 2nd Floor
Miami, Florida 33130-1540
T 305-372-6529 F 305-372-6425
miamidade.gov
Re: NPDES Interlocal Agreement Document
(Sunny Isles Beach Resolution No. 2005-806)
Dear Mr. Russo,
Please find enclosed a copy ofthe recently renewed NPDES Interlocal Agreement
between your municipality and the other Co-Permitees ofthe NPDES Permit No.
FLS000003.
This Agreement was signed and agreed to by all Co-Permittees, took effect on
November 17, 2005, and expires on November 16, 2012.
Thank you for your continued participation in this program, and if you have any
comments or questions, I can be reached at (305) 372-6406.
SffiCtd rA;J
~dall White
Environmental Resources Project Supervisor
Enclosure
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INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES
NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 AND
MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE
OF PROFESSIONAL SERVICES AND BETWEEN ALL CO-
PERMITTEES PROVIDING FOR CONTROL OF POLLUTANT
DISCHARGES BETWEEN SHARED MUNICIPAL SEPARATE
STORM SEWER SYSTEMS
This Interlocal Agreement ("Agreement") is made and entered into this day of November~, 2005,
by and between all CO-PERMITTEES named in Permit No. FLS000003, Authorization to Discharge
under the National Pollutant Discharge Elimination System. This Agreement provides for con'ttol 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 State of Florida Department of Environmental Protection
(hereinafter referred to as FDEP) pursuant to Section 403.0885, Florida Statutes, and Rule 62-624,
Florida Administrative Code, and the Environmental Protection Agency (hereinafter referred to as the
"EPA") National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Permit
Regulations for Storm Water Discharges Final Rule [hereinafter referred to as ("NPDES Final Rule").
This Agreement further provides for the professional services required to accomplish the tasks set forth
in the NPDES Final Rule and the NPDES MS4 Operating Permit that may be initiated and performed
on behalf of both the CO-PERMITTEES and the COUNTY.
Section I
Definitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document, including any written amendments thereto, and other written
documents or parts thereof which are expressly incorporated herein by reference.
CO-PERMITTEE or CO-PERMITTEES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003 as Co-Permittees: Miami-Dade County, Town of Bay Harbor Islands, Bal
Harbour Village, City of Coral Gables, Indian Creek Village, City of North Bay Village, City of Miami Beach,
City of North Miami Beach, Miami Shores Village, City of North Miami, Town of Golden Beach, Village of
El Portal, City of Aventura, City of Sunny Isles Beach, Town of Surfside, City of West Miami, City of South
Miami, City of Homestead,. City of Opa- Locka, Village of Pinecrest, Town of Medley, City of Miami Springs,
Village of Key Biscayne, City of Hialeah Gardens, Town of Miami Lakes, Florida Department of
Transportation District VI, Florida Department of Transportation Turnpike Enterprise, the Miami-Dade County
Expressway Authority, the Village of palmetto Bay, the City of Doral, and the City of Miami Gardens.
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 reasouably
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.
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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.
Section II
Term of A2reement
The term of this Agreement shall commence upon the final date of execution by all CO-PERMITTEES, and
shall expire on November 16, 2012.
Section III
Scope of Work
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The parties hereto agree that the EPA is requiring as part of the 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 monitoring costs attributable to this operating permit shall be the joint responsibility of
all parties hereto, and shall be based on a percentage rate obtained by dividing the number of outfalls which
drain to United States bodies of water existing in the geographical boundaries of each CO-PERMITTEE by
the total number of outfalls existing within the geographic boundaries of all CO-PERMITTEES.
Furthermore, 40 CFR 122.26( d)(2)(i)(D) requires control of pollutants through interlocal agreements, making
each NPDES CO-PERMITTEE responsible for discharges from their MS4 to the MS4 of another NPDES
CO-PERMITTEE or to the waters of the United States. This Agreement sets forth the agreement of the CO-
PERMITTEES and the COUNTY and between all of the CO-PERMITTEES with respect to sha~ed
responsibilities in the identification and control of discharges from one MS4 to another.
Section IV
COUNTY's Obli2ations
1. Compliance with NPDES MS4 Operatin2 Permit The COUNTY. shall perform monitoring and
sampling activities as required in Miami-:-Dade County's NPDES MS4 Operating Permit.
2. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the
exception of permits and approvals required by CO-PERMITTEES, if any, which shall be obtained by the
respective CO-PERMITTEE), which are required to perform activities under the NPDES MS4 Operating
Permit.
3. Report The COUNTY shall provide the CO-PERMITTEES with a report with the results of the
monitoring and sampling activities required under the NPDES Operating Permit.
4. Notice of COUNTY Meetin2 The COUNTY shall provide the CO-PERMITTEES with oral or written
notice of all regular meetings held by COUNTY staff for the purpose of reviewing the compliance status
with the NPDES MS4 Operating Permit.
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Section V
CO-PERMITTEES' Oblieations
1. Prevention of Theft of COUNTY Equipment The CO-PERMITTEES shall take reasonable steps to
prevent theft or vandalism of COUNTY equIpment located within the CO-PERMITTEE'S geographic
boundary. The CO-PERMITTEES agree that such equipment may be placed within each CO-
PERMITTEE'S geographic boundary for extended periods of time, as necessary to complete the sampling
and monitoring tasks contemplated by this Agreement and the NPDES MS4 Operating Permit.
2. Compensation Not later than ten (10) days after the date of execution of this Agreement by all CO-
PERMITTEES, each Co-Permittee shall pay to the COUNTY its proportional share of the payment due
for monitoring activities set forth in this Agreement and as set forth in Attachment "A" herein. The annual
cost, in accordance with the schedule of payments set forth in Attachment "A" herein, shall Be due on the
anniversary date of execution of this Agreement for each year the NPDES MS4 Operating Permit is in
force and effect. Failure to pay the agreed-upon costs to COUNTY in accordance with this Agreement
shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement.
3. Access The CO-PERMITTEES shall provide the COUNTY with reasonable access at all times as
necessary to perform the sampling and monitoring required by this Agreement of any storm sewer systems
which may be located within the CO-PERMITTEE'S geographic boundary.
Section VI
Indemnification
The CO-PERMITTEE shall indemnify and hold harmless the COUNTY and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of
claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or
resulting from the performance of this Agreement by the CO-PERMITTEE or its employees, agents,
servants, partners, principals or subcontractors. The CO-PERMITTEE shall pay all claims and losses in
connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the
name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgements
and attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the
extent and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby
the CO-PERMITTEE shall not be held liable to pay a personal injury or property damage claim or judgement
by anyone person which exceeds the sum of $100,000, or any claim or judgement or portions thereof, which,
when totaled with all other claims or judgement paid by the CO-PERMITTEE arising out of the same
incident or occurrence, exceed the sum of $200,000 from any and all personal injury or property damage
claims, liabilities, losses or causes of action which may arise as a result of the negligence of the CO-
PERMITTEE.
The COUNTY shall indemnify and hold harmless the CO-PERMITTEE and its officers, employees, agents
and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of
defense, which the CO-PERMITTEE or its officers, employees, agents or instrumentalities may incur as a
result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating
to or resulting from the performance of this Agreement by the COUNTY or its employees, agents, servants,
partners, principals or subcontractors. The COUNTY shall pay all claims and losses in connection therewith
and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CO-
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PERMITTEE, where applicable, including appellate proceedings, and shall pay all costs, judgements and
attorney's fees which may issue thereon. Provided, however, this indemnification shall only be to the extent
and within the limitations of Section 768.28 Fla Stat., subject to the provisions of that Statute whereby the
COUNTY shall not be held liable to pay a personal injury or property damage claim or judgement by anyone
person which exceeds the sum of$100,000, or any claim or judgement or portions thereof, which, when totaled
with all other claims or judgement paid by the COUNTY arising out of the same incident or occurrence,
exceed the sum of $200,000 from any and all personal injury or property damage claims, liabilities, losses or
causes of action which may arise as a result of the negligence of the COUNTY.
Section VII
County Event of Default
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Without limitation, the failure by the COUNTY to substantially fulfill any of its material obligations in
accordance with this Agreement, unless justified by Force Majeure, shall constitute a "COUNTY event of
Default" .
If a COUNTY event of default should occur, the CO-PERMITTEE shall have all of the following rights and
remedies which it may exercise singly or in combination:
1. The right to declare that this Agreement together with all rights granted to COUNTY hereunder are
terminated, effective upon such date as is designated by the CO-PERMITTEE;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
Section VIII
Co-Permittee Event of Default
Without limitation, the failure by the CO-PERMITTEE to substantially fulfill any of its material obligations
in accordance with this Agreement, unless justified by Force Majeure, shall constitute a " CO-PERMITTEE
Event of Default".
If a CO-PERMITTEE Event of Default should occur, the COUNTY shall have all of the following rights and
remedies which it may exercise singularly or in combination:
1. The right to declare that this Agreement together with all rights granted to CO-PERMITTEE hereunder
are terminated, effective upon such date as is designated by the COUNTY;
2. Any and all rights provided under federal laws and the laws of the State of Florida.
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Section IX
General Provisions
1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operatinl! Permit The CO-
PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: monitoring
and sampling portions of the NPDES MS4 Operating Permit; and compliance with requirements of
those monitoring and sampling portions under the NPDES MS4 Operating Permit.
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2. Attendance at COUNTY Permit Review Meetinl!s. The CO-PERMITTEE may, but is not required
to, attend any or all regular meetings held by COUNTY staff for the purpose of reviewing the status of
the NPDES MS4 Operating Permit.
3. Responsibilitv for Discharl!es The CO-PERMITTEES shall each be responsible for the control,
investigation of and remedial activities relating to discharges of pollutants from within their respective
MS4 or boundaries to the municipal separate storm sewer system of another NPDES MS4 CO-
PERMITTEE, pursuant to the requirements of 40CFR l22.26(d)(2)(i)(D).
4. Identification of Discharl!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.
5. Notification When pollutant discharges to a shared separate storm sewer system are discovered, the
CO-PERMITTEES, or COUNTY, or any of the foregoing, as applicable, which are the source of the
discharge(s) agree to report said discharges to the other affected parties sharing the particular MS4. The
COUNTY shall assist, as needed, in any investigation and identification of a source of the discharge. If
the COUNTY discovers a discharge in the separate storm sewer system of a CO-PERMITTEE or the
COUNTY, the 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.
6. Dispute Resolution when the parties sharing a MS4 cannot agree on the source of a discharge to their
shared MS4, the State of Florida Department of Environmental Protection, Bureau of Watershed
Management, shall be the final arbiter in determining jurisdiction and responsibility for cessation of
discharge, remediation, and final resolution.
7. Termination Each party may terminate that particular party's participation in this Agreement without
cause by providing sixty (60) days prior written notice of termination to the other parties to..jthis
Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY
only in the event of termination for cause by the CO-PERMITTEE, or termination without cause by
the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the
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extent that services providing information useful to the NPDES MS4 Permit have not been rendered by
the COUNTY. Upon termination by any party, the NPDES MS4 Operating Permit status of that party
shall be the sole responsibility of that party.
8. Entire Aereement~ Prior Aereements Superseded~ Amendment to Aereement This Agreement
incorporates and includes all prior negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein. The parties agree that there are no
commitments, agreements, or understandings concerning the subject matter of this Agreement that are
not contained in this Agreement, and that this Agreement contains the entire agreement between the
parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is
further agreed that any oral representations or modifications concerning this Agreement shall be of no
force or effect, and that this Agreement may be modified, altered or amended only by a written
amendment duly executed by the parties hereto or their representatives.'"
9. Headines Captions and headings in this Agreement are for ease of reference only and do not constitute
a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein.
10. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be
written and personally served or mailed, registered or certified United States mail, with return receipt
requested, addressed to the parties as follows:
To County:
Miami-Dade County Department of Environmental
Resources Management
33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130
Attn: Department Director 305/372-6789
To Co-Permittee:
Attn:
305/
11. Performance 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 .iuch
dispute.
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12. Riehts 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 ofthis Agreement.
13. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms
and conditions to be met and performed pursuant to this Agreement.
14. Governine Law This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida and the United States. The COUNTY and the CO-PERMITTEE agree to submit
to service of process and jurisdiction of the State of Florida for any controversy or claim arising out
of or relating to this Agreement or a breach of this Agreement. Venue for any court action between
the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh
Judicial Circuit in and for Miami-Dade County, Florida, or in the United States District Court for the
Southern District of Florida, in Miami-Dade County, Florida.
15. 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.
16. Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by
the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair
such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular
right so waived and shall not be deemed a waiver of the same right at a later time, or of any other
right under this Agreement.
Section X
Execution inCountervarts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same agreement.
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its
name by the County manager or his designee, attested by the Clerk of the Board of County Commissioners and
has caused the seal of the Board of County Commissioners to be hereto attached; and the City of
, Florida has caused this Agreement to be executed in its name by the Town
Mayor or his designee, attested by the Clerk of the Town Council and has caused the seal of the Council to be
hereto attached, all on the day and year first written above.
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
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By: C '
i , r- County Manager
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COUNCIL attes .
By:
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f5"'L H~aoUJZ ~~f3l)U~
Clerk of~ ""~ ~of , FLORIDA
BY ITS COUNCI
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Clerk
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:lerk of the ~ ~
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By:
David L. own,
City Manager
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Clerk of the C.I~ Or ~rQ I
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BY ITS COUNCIL attest:
By: fvtv
Cit/Mayor
, FLORIDA
City of
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BY ITS COUNCIL attest:
By:
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Florida Department of
Transportation, District VI
Executive Secretary
B~~~
Margaret 13'. Higgins
Executive Secretary
FLORIDA DEPARTMENT OF
TRANSPORTATION, DISTRICT VI
BY~S~ Q >
District Legal Counsel
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Turnpike Enterprise FLORIDA DEPARTMENT OF
Executive Secretary TRANS ORTATION, TURNPIKE ENTERPRISE
By: By: ~112.-
Executive Secretary xec tive Director
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City Clerk CITY ~SOUTH MIAMI
By:
City Clerk
By:
City Manager
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City Clerk
CITY OF OPA-LOCKA
By:
City Clerk
By:
City Manager
City Clerk
CITY OF MIAMI SPRINGS
By:
City Clerk
By:
City Manager
Town Clerk
TOWN OF MIAMI LAKES
By:
Town Clerk
By:
Town Manager
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BY ITS COUNCIL attest:
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City of
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By:
City M(.l.i._~~t
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BY ITS COUNCIL attest:
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, FLORIDA
BY:~~
Le{al R esentative l e
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City of Homestead
BY ITS COUNCIL attest:
, FLORIDA
By: ~ {fuJ
City Clerk / Attorney
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By: ~ra1,IIJ.' 1::,
City Manager . ()
Clerk of the
By:
Clerk
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Clerk of the Town of Medley
By:rfI~ -r~
Clerk
Herlina Taboada
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Clerk ofthe City
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By:
Clerk
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Robert Parcher
David Dermer
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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lnterlocal Agreement between Co-Permittees named in National Pollutant Discharge
Elimination System permit No. FLS000003 ------------ Resolution No. 2005-25925
8
By:
E COUNTY EXPRESSWAY AUTHORITY
[SEAL]
ATTEST:
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Approved as to form and legal
S~;4!~~fJL-
Bruce Giles- Klein ;./
Greenberg Traurig, P.A.
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City of MIAMI GARDENS, FLORIDA, BY ITS COUNCIL
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By: ~
, Shi Y Gi n, ayor
Attest:
By: Rk~~lcrk
K-Ps 1Fc1~8:J-- .2~7
Approved as to form and legal
Suffi "ency:
Ja K. Dickens, City Attorney
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Clerk of the
By:flJIJIL ~"'" _
Town Clerk
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;:!=,wn Qf ,Miami Lakes, FLORIDA
BY ITS COUNClL attest:
BY.~~.
Town- ayor
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Clerk , Vill age
Barbara Estep
Miami Shores
~~\I1f Village, FLORIDA
BY ITS COUNCIL attest:
By: ---r:: 111-
~~~ Tom Benton
Village Manager
Miami Shores Village
lerk of the Vi 11 aqe
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Clerk of the
Miami
City of Springs, FLORIDA
~~UNCIL attest: .
By: 0/L--
,t'rty Mayor
By: 01u~' l~
Clerk - (
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City of North Miami
, FLORIDA
BY ITS COUNCIL attest:
By ~L_'
City Manager
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City of , FLORIDA
ITS CO IL attest:
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Clerk Ofthe~fJ
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By:
Clerk
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City 0 -. - , FLORl1Jf\
ITS COUNCIL attest:
BY:~ !.~
_ City lan}lg,er .
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Clerk of the Council
Cityof Villaqe of Palmetto Bay
By: a?ZL:
City MayU1' /VY'1
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, FLORIDA
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:rkofthe v tJ d~./'llctml CIty of - ,1'LORIDA
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Clerk City 'Manager
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ATTEST:
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Jane A. Hines, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Erica N. Wright, Acting City Att ey
Interlocal Agreement - NPDES
CITY OF SUNNY ISLES BEACH
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~S\~ .erty of S\.).("~ld<-FLORIDA
BY ITS COUNCIL attest:
By: ~/I-cli
CIty May
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Clerk of the \ \AJ() D{.
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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 West
Miami, Florida has caused this Agreement to be executed in its name by the Town Mayor or his designee,
attested by the Clerk of the Town Council and has caused the seal of the Council to be hereto attached, all on
the day and year first written above.
MIAMI-DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
By:
By:
Clerk of the Board
County Manager
City of
West Miami
BY ITS COUNCIL attest:
, FLORIDA
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By:
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ATTACHMENT "A"
ANNUAL MONITORING COSTS FOR MIAMI-DADE COUNTY AND
CO-PERMITTEES
Number Percent Dollar Contribution for
Municipality/Agency of of Total NPDES Co-Permittees
o utfa lis Outfalls
1 City of Aventura 138 3.2 $14,400
2 Bal Harbour Village 11 , 0.3 1,350
3 Town of Bay Harbor Islands 57 1.3 5,850
4 City of Coral Gables 110 2.5 11,250
5 City of Doral 262 6.0 27,000
6 Village of EI Portal 9 0.2 900
7 Town of Golden Beach 40 0.9 4,050
8 City of Hialeah Gardens 5 0.1 450
9 City of Homestead 47 1.1 4,950
10 Indian Creek Village 16 0.4 1,800
11 Village of Key Biscayne 24 0.6 2,700
12 Town of Medley 1 0.1 450
13 City of Miami Beach 228 5.2 23,400
14 City of Miami Gardens 243 5.6 25,200
15 Miami Shores Village 36 0.8 3,600
16 City of Miami Springs 4 0.1 450
17 City of North Bay Village 54 1.2 5,400
18 City of North Miami 165 3.8 17,100
19 City of North Miami Beach 230 5.3 23,850
20 City of Opa-Iocka 10 0.2 900
21 Village of Palmetto Bay 89 2.0 9,000
22 Village of Pinecrest 63 1.4 6,300
23 City of South Miami 12 0.3 1,350
24 City of Sunny Isles Beach 90 2.1 9,450
25 Town of Surfside 12 0.3 1,350
26 City of West Miami 5 0.1 450
27 Uninc. Miami-Dade County 1,392 31.8 143,100
28 FOOT District VI 590 13.5 60,750
29 FOOT Turnpike 65 1.5 6,750
30 Town of Miami Lakes 229 5.3 23,850
31 MDX 124 2.8 12,600
Totals 4,361 100.0 $450,000 1
1 Total Annual Cost of County and Co-Permittees' NPDES Requirements
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Approved
Veto
Mavor
Agenda Item No. 8(D) (l) (K)
1l-Ol-05
Override OfFICiAl FlU COpy
CLERK C'F THE BOARD
'l COUNTY COMM/SSIONERI
1MDi CQU~1Y. 'FLOftlQi
RESOLUTION NO. R-1237-oS
RESOLUTION AUTHORIZING THE EXECUTION OF
AN INTERLOCAL AGREEMENT BETWEEN CO-
PERMITTEES NAMED IN THE - NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM
PERMIT NO. FLS000003 AND MIAMI-DADE
COUNTY PROVIDING FOR PERFORMANCE OF
PROFESSIONAL SERVICES BY MIAMI-DADE
COUNTY; ESTABLISHING RESPONSIBILITY FOR
THE CONTROL OF POLLUTANT DISCHARGES
AMONG ALL CO-PERMITTEES IN SHARED
MUNICIPAL SEPARATE STORM SEWER
SYSTEMS; AND AUTHORIZING THE COUNTY
MANAGER TO EXERCISE THE TERMINATION
PROVISIONS CONTAINED THEREIN
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WHEREAS, this Board desires to accomplish the purposes outlined in the
accompanying memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT~ESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board hereby
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approves the Interlocal Agreement betwern Miami-Dade County and the co-permittees
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named in the NPDES Permit No. FLS000003, for performance of professional services
by the County associated with the National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) Permit, and establishing
responsibility for the control of pollutant discharges among Municipal Separate Storm
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Sewer Systems, in substantially the form attached hereto and made a part hereof, and
authorizes the County Manager to execute same for and on behalf of Miami-Dade
County; to execute amendments for time extension, and to exercise the termination
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provisions contained herein.
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Agenda Item No. 8(D)(l)(K)
Page No.2
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The foregoing resolution was offered by Commissioner Sally A. Heyman , who
moved its adoption. The motion was seconded by Commissioner Dorrin D. Rolle
and upon being put to a vote, the vote was as follows:
Joe A. Martinez, Chairman aye
Dennis C. Moss, Vic~-Chairman aye
Bruno A. Barreiro aye Dr. Barbara Carey-Shuler aye
Jose "Pepe" Diaz aye Carlos A. Gimenez aye
Sally A. Heyman aye Barbara J. Jordan aye
Dorrin D. Rolle aye Natacha Seijas aye
Katy Sorenson aye Rebeca Sosa aye
Sen. Javier D. Souto absent
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The Chairperson thereupon declared the resolution duly passed and adopted this
3m day of November, 2005. This Resolution and contract, if not vetoed, shall become
effective in accordance with Resolution No. R-377-04.
Approved by County Attorney ~
to form and legal sufficiency. <f 7"
Peter S. Tell
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°owe r<F Ci of Sunny Isles Beach City
City }� Normans Edel. p ti
Sunny Isles Beach Government Center Lewis J.Thaler, vne
Roslyn Bream,
"w33,„,
w Sunn Colliers Avenue �,e, ,hale t0/11M1,Moll I
3ffiA, -y#. Sunny Isles Beach,Florida 33160 Danny Iglesias
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oT • 305.947.0606 Gty ll
* FLOt` instophee].Russo, io
� t Lynn M.Danntei..ew a) It e
o Fro`� 305.9472150 Building HaDepartment Jane A Hines,( ,r ,r
of 541'4305.947.4440 Police Departmenttment
MEMORANDUM
To: Honorable Mayor and City Commission
From: James E.Watts,Director alert'
Public Works Depanmen
Date: June 09, 2005
Re: Renewal of NPDES Interlocal Agreement
Pemvt No FIS000003
RECOMMENDATION:
It is recommended that the City Commission approve and renew this NPDES interlocal agreement
with Miami-Dade County for monitoring costs and shared storm sewer systems. Renewal this year,
based on the number of established outfalls (90) within our city will be $9,450.00.
REASONS:
As a federally mandated program,the city has been a co-permittee with Miami-Dade County, as has
every other municipality within the county,for the past seven years.
ADDITIONAL INFORMATION:
Past interlocal agreements have consisted of monitoring all storm water within a respective
municipality or unincorporated county.This year Federal D.E.P. has more closely bound all co-
permittees by making a municipality responsible for any pollution which may contaminate a shared
waterway with any other agency. All the details have not yet been worked out and future workshops
are forthcoming.
Agenda Item I 0 5-
Date
Date (p -9bs