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HomeMy WebLinkAboutReso 2017-2707 RESOLUTION NO. 2017- 2--1 o1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,APPROVING AN INTERLOCAL AGREEMENT, BETWEEN ALL CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT NO.FLS000003-003 AND MIAMI-DADE COUNTY, PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS, AND TO NEGOTIATE AND EXECUTE CHANGES TO THE SELECTION OF ACTIVITY PARTICIPATION BY CO-PERMITTEES,IN AN AMOUNT NOT TO EXCEED FOUR THOUSAND NINE HUNDRED FORTY-ONE DOLLARS ($4,941.00) ANNUALLY, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Environmental Protection Agency ("EPA") 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 ("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; and WHEREAS,based on the number of established outfalls, sixty-six(66)within the City,the cost of the City's contribution is Four Thousand Nine Hundred Forty-One Dollars($4,941.00);and WHEREAS,by renewing the Interlocal Agreement with the County,the City is included as a co-permittee as provided under the EPA 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 Four Thousand Nine Hundred Forty-One Dollars ($4,941.00) for each year the NPDES MSR Operating Permit is in force and effect,October 1,2017 through September 30,2022. Page 1 of 2 R2017-NPDES Interlocal Agmt 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 this Resolution. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 15th d. of Ju r e, 2017. George H. Scho ., Mayor A l!il :I 1 irA �� C''J - Mauricio Betancur, CMC, Acting City Clerk Approved As to Form and Legal Sufficiency: Add w �s ino!Ci Ell, Attorney Moved by: v 1C Al kib e- a OLOr 14- J Seconded by: COMNAI“toni cP- G#rro Vote: Mayor Scholl J (Yes) (No) Vice Mayor Goldman I (Yes) (No) Commissioner Aelion-AilsEfirT (Yes) (No) Commissioner Gatto —1—(Yes) (No) Commissioner Svechin / (Yes) (No) • Page 2 of 2 R2017-NPDES Interlocal Agmt • INTERLOCAL AGREEMENT BETWEEN CO-PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE - ELINIINATION SYSTEM PERMIT- NO. FLS000003 AND MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI-DADE COUNTY, AND ALSO BETWEEN ALL CO-PERMITTEES PROVIDING FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS • This Interlocal Agreement ("Agreement") is made and entered into by, and between, all CO-PERMITTEES named in Florida Department of Environmental Protection Permit Number FLS000003, Authorization to Discharge under the National Pollutant Discharge Elimination System. This Agreement provides for identification and control of discharges from any and all Municipal Separate Storm Sewer Systems(MS4s) 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 DEP) pursuant to Section 403.0885, Florida Statutes, and DEP 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 by Miami-Dade County on behalf of both the CO-PERMITTEES and MIAMI-DADE COUNTY. Section 1 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: City of Aventura, Bal Harbour Village, Town of Bay Harbor Islands, City of Coral Gables, Town of Cutler Bay, City of Doral, Village of El Portal, Town of Golden Beach, City of Hialeah Gardens, City of Homestead, Indian Creek Village, Village of Key Biscayne, Town of Medley, City of Miami Beach, City,of Miami Gardens, Town of Miami Lakes, Village of Miami Shores, City of Miami Springs, City of North Bay Village, City of North Miami, City of North Miami Beach, City of Opa- locka, Village of Palmetto Bay, Village of Pinecrest, City of South Miami, City of Sunny Isles Beach, Town of Surfside, Village of Virginia Gardens, City of West Miami, Florida Department of Transportation (FDOT) District Six, Florida Department of Transportation (FDOT) Turnpike Enterprise, Miami-Dade Expressway Authority (MDX), and Miami-Dade County. 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. • • 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. Section II Term of Agreement This Agreement shall become effective; and supersede the current interlocal agreement, on October 1, 2017. This Agreement shall expire on September 30, 2022, or until a replacement interlocal agreement is executed, whichever is later. • Section III Scope of Work 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 historical water monitoring annual costs (Activity 1) and the Impaired Waters Rule monitoring and analyses costs (Activity 2) attributable to this operating permit shall be shared by all CO- PERMITTEES, and the costs 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- PERivIITTEES. The parties further agree that the optional sampling station costs (Activity 3) attributable to this operating permit shall be borne one hundred percent (100%) by those CO-PERMITTEES who elect to participate in this Activity.These costs are included in Attachment"A" of this Agreement. 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 shared responsibilities in the identification and control of discharges from one IvIS4 to another. Section IV COUNTY's Obligations • 1. Compliance with NPDES MS4 Operating 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, on an annual basis, with the results of the monitoring and sampling activities required under the NPDES Operating Permit. 2 4. Notice of COUNTY Meeting 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. . • Section V . CO-PERMITTEES' Obligations 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-PERiVIITTEES 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 Each CO-PERMITTEE will reimburse the COUNTY for costs of activities performed over the preceding fiscal year in accordance with Attachment "A", and as specified in the Execution in Counterparts form for that fiscal year. The COUNTY will bill each CO-PERMITTEE annually, within six (6) months after the end of the fiscal year, for actual amounts expended during the prior fiscal year. Payment by the CO-PERMITTEE is to be made not later'than forty-five (45) days after the bill presentation. Failure to pay the agreed-upon costs to the COUNTY in accordance with this Agreement shall be deemed default by the CO-PERMITTEE that fails to pay pursuant to this Agreement. The expenditures for the final fiscal year that this Agreement is valid will be invoiced by the COUNTY and paid by the CO-PERMITTEES during the following fiscal year. 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 Each 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 anykind 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. Each 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 of and within the limitations of Section 768.28 Fla Stat., and 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 judgment by any one person which exceeds the sum of $200,000, or any claim or judgement or portions thereof, which, when totaled with all other claims or judgement paid by the CO-PER\IITTEE arising out of the same incident or occurrence, exceed the sum of $300,000 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- 3 PERMITTEE. Provided further that any CO-PERNIITTEE's liability hereunder shall be based on that CO- PERivIITEE's performance of this Agreement only, and no CO-PERMITTEE shall be liable for indemnification based on another CO-PERIYIITTEE's performance of this Agreement. Nothing herein shall constitute a waiver of Section 768.28 of the Florida Statutes or shall be construed as impacting or modifying the protections set forth therein. 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 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: I. 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 tights provided under federal laws and the laws of the State of Florida. • 4 • • • Section IX • General Provisions 1. Authorization to Represent the CO-PERMITTEE in NPDES MS4 Operating Permit Each CO- PERMITTEE hereby authorizes the COUNTY to act on its behalf only with respect to: the activities under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and BIv1AP portions under the NPDES MS4 Operating Permit. 2. Attendance at COUNTY Permit Review Meetings. The CO-PERMITTEES may, but are 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. Responsibility for Discharges 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- PERN'IITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D). 4. Identification of Discharges Both the CO-PERIVIITTEE whose stormwater system generates a pollutant discharge that impacts another CO-PERNIITEE'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 a NPDES CO- PERMITTEE as the source of a pollutant discharge, then 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 this Agreement. CO-PERMITTEES shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination without cause by the COUNTY, and the CO-PERMITTEE shall then be entitled to such reimbursement only to the extent that services providing information useful to the 5 • • 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. • In the event of termination by a CO-PERMITTEE, that CO-PERMITTEE shall owe the COUNTY • for all services rendered or performed by the COUNTY, including those which had not yet been invoiced or billed to the CO-PERMITTEE. Upon receiving invoice from the COUNTY for such services, the CO-PERMITTEE shall promptly pay the COUNTY in full, no later than thirty (30) days from receipt of invoice. 8. 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. 9. 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. 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 listed in Section I of this Agreement. • 11. 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. 12. 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. 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. Governing 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. 6 • 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. 17. Number of Outfalls If requested, the COUNTY will review and adjust on an annual basis the number of outfalls of each CO-PERMITTEE during the month of March for each fiscal year the Agreement is in effect. Adjustments made, if any, will be in effect for the upcoming fiscal year, to recalculate each CO-PERP'IITTEE'S share of the total annual costs. CO-PERMITTEES may submit relevant outfall information to be included in the review during a two month period, from January1s`to February 28th of the year immediately preceding the start of the fiscal year of the intended changes. In the event of a change, an updated Attachment "A" shall be provided to CO-PERMITTEES annually by March 31s` for budgetary purposes. 18. Maximum Annual Costs Each CO-PERMITTEE'S maximum (not to exceed) financial commitment under this Agreement is shown in Attachment "A". It should be noted that the CO-PERiMITTEE's cost share may change (+/-) based on any changes made to the Number of Outfalls during the annual reviews. Such changes shall be reflected in an updated Attachment "A". Actual annual expenditures invoiced by the COUNTY for water quality monitoring and related activities, IWR, and Optional Sampling Station activities performed, will not exceed the CO-PERrI'IITTEE'S total annual cost shown in Attachment"A" for that fiscal year. • • • • • • 7 Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which ' together shall constitute one and the same agreement. The FDOT District Six and FDOT Turnpike Enterprise - are both co-permittees but will execute separate agreements with Miami-Dade County, which are similar in scope and intent to this Agreement,due to requirements of the respective FDOT entities. • IN WITNESS WHEREOF, • "enter municipality's name" Ilk Cl o •ur,1 1 tstS t -4 * FLORIDA, 1 • by its Commission/Council attest, that this Agreement be executed in its name by the Manager/Mayor or his designee,attested by the Clerk or Legal Representative. Co-Permittee selection of Activities detailed in Attachment"A": Activity 1 and 2(Water Monitoring and Impaired Waters Rule) ['4 Yes,we wish to participate [ ] No,but we reserve the right to request participation in subsequent fiscal years Activity 3 (Additional Sampling Statioa) [ J, • Yes,we wish to participate • • [NI No,but we reserve the right to request participation in subsequent fiscal years • . 'The Co-Pennittee selections shown above remain in effect for the duration of the Agreement unless otherwise .mortified by the Co-Permittee. Each Co-Permittee may elect to modify their selections shown above every fiscal year the Agreement remains in place. These modificat'• • must be formally requested between January • . 1 and February 28 in order tp become effective for •- folio ing fiscal year and for the duration of the ' Agreement unless further modifications are made by -cuting : new"Execution in Counterparts"form. • • • _—. • •• . •� . __. .._.. Name of M / ayor(print) _ _ Signature Date • insokf C6Ity 4+ • Name of Clerk/Legal RepresentatiGe(print) Aff•114I - • • • • sate 8 • Execution in Counterparts This Agreement shall be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 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D - < < < .,_ N CI 1. to (0 N co 0.) 0 ,--- CNI V) ;:/-,. 10 CO N .70 01 2 li.; Fl 4 ,,,t, psi (6,9 1.,:i .4 c4 c9, ,77, cAl 2 • • - , 6/2/2017 Item Coversheet in S3.yLr S'E 2 y_:. �,.,,� City of Sunny Isles Beach E n 18070 Collins Avenue 3.1�y.; -`, ;!) Sunny Isles Beach, Florida 33160 "��..ii .\* (305)947-0606 City Hall °'r,, s,„ (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission VIA: Christopher J. Russo, City Manager FROM: Robert Williamson, Public Works Superintendent DATE: 6/15/2017 Approval of an Interlocal Agreement Between All Co- RE: Permittees Names in National Pollutant Discharge Elimination System (NPDES) Permit No. FLS000003- 003 and Miami-Dade County. RECOMMENDATION: Staff is recommending the City Commission approve the attached resolution. REASONS: The Environmental Protection Agency ("EPA") requires that subdivisions within the State of Florida, including County and municipalities, participate in a five-year operating permit for sampling, monitoring, and analysis of stormwater sewage systems throughout Miami-Dade County. The Interlocal Agreement between all co-permittees in National Pollutant Discharge Elimination System (NPDES) Permit No. FLS000003-003 and Miami-Dade County will provide for the performance of professional service by Miami-Dade County providing for identification and control of pollutant discharges in a shared municipal separate storm sewer systems. The Agreement shall become effective on October 1, 2017 and shall expire on September 30, 2022. The agreement for$4,941.00 annually. ADDITIONAL INFORMATION: This agreement supersedes the current interlocal agreement. FUNDING SOURCE: 400-5-5380-434003-00000 Item Number: 10.D. https://sunnyisIes.novusagenda.com/AgendaWeb/CoverSheet.aspx?Item ID=2154 1/1