Res. No. 209-00-11102RESOLUTION NO.209-00-11102
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TO A STORMWATER
QUALITY MONITORING,CONCERNING INTER
LOCAL AGREEMENTS,AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT
WITH MIAMI-DADE COUNTY FOR COST-
SHARING OF LABORATORY ANALYTICAL
EXPENSES PURSUANT TO FEDERAL TESTING
REQUIREMENTS.
WHEREAS,the City of South Miami isa co-permittee with Miami-Dade County and25
other agencies and municipalities forthe National Pollutant Discharge Elimination System
(NPDES)permit required per Federal Clean Water Act regulations,and;
WHEREAS,the NPDES permits requires comprehensive watershed analysis to
determine whether pollutants are impacting water quality throughout the County,and;
WHEREAS,the County has proposed a collective cost-sharing agreement to satisfy the
aforementioned Clean Water Act regulations.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.The City Manager is hereby authorized to sign the Inter-local Agreement
providing for cost-sharing under the "Attachment B"schedule of charges.
Section 3.This resolution shallbecome effective immediately after adoption.
thPASSEDANDADOPTEDthis\T day of October 2000.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:4-0
Mayor Robai na :Yea
Vice Mayor Feliu:out of town
Commissioner Bethel:Yea
Commissioner Wiscombe:Yea
Commissioner Russell:Yea
TO:
FROM:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor and Commission DATE:October 17,2000
Charles D.Scurr
City Manager
SUBJECT:Agenda Item #
Commission Meeting,
October 17,2000
AUTHORIZATION OF THE CITY
MANAGER TO ENTER INTO AN
INTER-LOCAL AGREEMENT
WITH MIAMI-DADE COUNTY
FOR COST-SHARING OF
LABORATORY ANALYTICAL
EXPENSES.
INTRODUCTION
TheattachedresolutionwouldauthorizetheCityManagertosignanInter-localAgreementwith
Miami-DadeCountyforcost-sharing of laboratoryanalyticalexpenses'(samplingandtesting of
water samples).
BACKGROUND
Asyouknow,theCity of SouthMiamiisaco-permitteewithMiami-DadeCountyand25other
agencies andmunicipalitiesfortheNationalPollutantDischargeEliminationSystem(NPDES)
permit required under the Federal Clean Water Act
TheNPDESisacomprehensiveprograminvolvingallaspects of waterquality,fromhazardous
facility siting(zoning)issuestopublic education outreach.Oneoftherequiredinitiativesisto
conductcomprehensivewatershedanalysisto determine point-sourcesforwaterpollution,and
areaswherewaterqualityneeds improvement.Byitsnature,thescope of thisprogramtakes
place County-wide.
Miami-Dade Countyhasproposeda cost-sharing agreementtosatisfythetesting requirements.
TheMiami-DadeCountyDepartment of EnvironmentalResourcesManagement(DERM)would
implementthetestingprogram,andeachparticipantwouldshareinthecosts.
/continued...
Mayor and City Commission
Inter-local Agreement
October 17,2000
Page2 of2
ANALYSIS
Theproposedcost-sharefortheCityofSouthMiamiis$1,350.00peryear,whichislessthanthe
$1,800.00 cost-share under thepreviousInter-localAgreement.The cost-share is based uponthe
number of testing outfalls rather thanpopulation.This arrangement ismuchmore equitable than
a population-based criterion thatwouldundulyfavorthe Florida Department of Transportation.
Thetotal cost of the program,county-wide,is $450,000.00 peryear.
The cost-share expense would be paid through the Stormwater User Fee Trust Fund.
CONCLUSION
The proposed inter-local agreement provides a cost-effective means fortheCity of South Miami
to satisfy its Federal obligations.
Approval of the attached resolution is therefore recommended.
Attachment:
Proposed Inter-local Agreement
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SOUTH
MIAMI AND MIAMI-DADE COUNTY FOR PERFORMANCE OF
PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE
YEAR NPDES OPERATING PERMIT
This Interlocal Agreement ("Agreement")ismadeandenteredintothisday of 2000,by and
betweenMiami-Dade County [hereinafterreferredtoasthe "COUNTY"]andthe City of SouthMiami,
[hereinafter referred toasthe "CITY"],in order thattheCitymaybeincludedasa co-permittee as provided
undertheEnvironmentalProtection Agency [hereinafter referredtoasthe"EPA"]NationalPollutantDischarge
Elimination System [hereinafter referred toas "NPDES"]PermitApplicationRegulationsforStormWater
Discharges;Final Rule [hereinafter referred toas "NPDES Final Rule"],andthattheprofessional services
required to accomplish thetasksset forth inthe NPDES Final Rule and theNPDESMS4 Operating Permit may
be initiated andperformedon behalf ofboththe CITY andthe COUNTY asco-permittees.
Section I
Definitions
Forpurposes of this Agreement,thefollowingtermsshallapply:
AGREEMENT shallmeanthisdocument,includinganywritten amendments thereto,andotherwritten
documentsorparts thereof which are expressly incorporatedherein by reference.
CITY shall mean the City of South Miami,by andthroughits City Manager.
COUNTY shall mean Miami-Dade County.
FORCE MAJEUREshallmeananact of God,epidemic,lightning,earthquake,fire,explosion,hurricane,flood
orsimilaroccurrence,strike,anact of apublicenemy,orblockade,insurrection,riot,generalarrestor restraint
of government andpeople,civil disturbance orsimilar occurrence,whichhashadormay reasonably be
expected tohavea material adverseeffectonthe rights or obligations underthisAgreement.
Inallotherinstances,terms used inthis Agreement shallhavethe definitions contained intheEPANPDES
Final Rule 40CFRParts122,123and124 (Attachment "A"),incorporated herein by reference.
Section II
Term of Agreement
Theterm of this Agreement shall commence with thedate of execution,andshallexpireon November 16,
2005.
;:j£•Section III ..
j Scopeof Work
The parties hereto stipulate and agree that the EPA is requiring as part ofa 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 ofthis 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 bythe total number of outfalls existing within the geographic boundaries of all co-permittees.
Section IV
COUNTY'S Obligations
Compliance with NPDES MS4 Operating Permit TheCOUNTY shall perform all analyses and related
activities as required in Miami-Dade County's NPDES MS4 Operating Permit.
Permits The COUNTY shallobtainall applicable federal,state and local permits and approvals (withthe
exception ofCITY permits and approvals,if any,which shall be obtained by the CITY)which are required in
ordertoconduct activities undertheNPDES MS4 OperatingPermit.
Report The COUNTY shall provide the CITY witha report withthe results of all monitoring and sampling
activities required undertheNPDESoperating Permit.
Notice of DERMMeetingThe COUNTY shall provide the CITY with oral orwrittennotice of all regular
meetings held byCOUNTYstaff for the purpose of reviewing the compliance status withthe NPDES MS4
Operating Permit.
Section V
CITY'S Obligations
Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as
promptly as any changes in outfalls occur,in order that the data maintained by the COUNTYmaybe accurate
and current.
Prevention of Theft of COUNTY EquipmentThe CITY shalltakereasonablestepstopreventtheftor
vandalism ofCOUNTY equipment located within theCITY's jurisdiction.The CITY acknowledges that such
equipment maybe 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,theCITY shall make a
lump sum payment to the COUNTY of its proportional share ofthe payment due to the COUNTY for
associated monitoring activities which are the CITY's financial obligation pursuant tothis Agreement.Thesum
due shall be determined by dividing the total cost for analyses bythe relative percentages that each participating
municipality contributes towards stormwater drainage to United States bodies of water.Itis hereby stipulated
and agreed that the total cost for analyses isa 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
thefiveyearNPDESMS4OperatingPermit.Failuretopaytheagreed-upon lump sumpaymentorsubsequent
payments shallbe deemed defaultbythe CITY pursuant tothis Agreement,andshallresultina reversion ofthe
CITY's NPDES MS4OperatingPermitstatusto Individual PermitHolder.Theproportionalshare of eachco-
permitteehasbeencalculatedandislistedonAttachment "B".
Access/CityPermitsThe CITY shallprovidethe COUNTY withreasonableaccessatalltimesasnecessaryto
accomplish the analysis ofany storm sewer systems which maybe located withinthe CITY's jurisdiction.
The CITY shallobtainany CITY permitsand CITY regulatoryapprovalsrequiredinorderfortheCOUNTY
to accomplish theaboveactivitiesthatmaybelocatedwithinthe CITY's jurisdiction.
Section VI
Indemnification
The CITY shallindemnifyandholdharmlessthe COUNTY and itsofficers,employees,agentsand
instrumentalities fromanyandall liability,lossesor damages,includingattorney'sfeesandcostsof defense,
whichthe COUNTY oritsofficers,employees,agentsorinstrumentalitiesmayincurasaresult of claims,
demands,suits,causes of actionsor proceedings ofanykindornaturearisingoutof,relatingtoor resulting
from the performance of this Agreement bythe CITY orits employees,agents,servants,partners,principals or
subcontractors.The CITY shallpayallclaimsandlossesinconnectiontherewithandshallinvestigateand
defendallclaims,suitsoractions of anykindornatureinthename of the COUNTY,where applicable,
including appellate proceedings,andshallpayall costs,judgements andattorney'sfeeswhichmayissue
thereon.Provided,however,thisindemnificationshallonlybetotheextentandwithinthelimitations of
Section768.28 Fla Stat.,subjecttotheprovisions of thatStatutewherebythe CITY shallnotbeheldliableto
paya personal injury or property damage claim or judgement byanyonepersonwhich exceeds the sum of
$100,000,oranyclaimor judgement or portions thereof,which,whentotaledwithall other claims or
judgement paidbythe CITY arising outofthesame incident or occurrence,exceedthesumof $200,000 from
anyandall 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 shallindemnifyandhold harmless the CITY anditsofficers,employees,agentsand
instrumentalities fromanyandallliability,lossesor damages,includingattorney'sfeesandcosts of defense,
whichthe CITY orits officers,employees,agents or instrumentalities mayincurasaresultof claims,demands,
suits,causes of actionsorproceedings of anykindornaturearisingoutof,relatingtoorresultingfromthe
performance ofthis Agreement bythe COUNTY orits employees,agents,servants,partners,principals or
subcontractors.The COUNTY shallpayallclaimsandlossesinconnectiontherewithandshall investigate and
defend allclaims,suitsoractions of anykindornatureinthename of the CITY,where applicable,including
appellate proceedings,andshallpayall costs,judgements andattorney'sfeeswhichmayissue thereon.
Provided,however,thisindemnificationshallonlybetotheextentand within thelimitations of Section768.28
FlaStat.,subjecttotheprovisions of thatStatutewherebythe COUNTY shallnotbeheldliabletopaya
personalinjuryorpropertydamageclaimorjudgementbyanyonepersonwhichexceedsthesum of $100,000,
oranyclaimorjudgementor portions thereof,which,when totaled withallotherclaimsorjudgementpaidby
the COUNTY arising out of thesame incident or occurrence,exceed thesum of $200,000 from anyandall
personal injuryorpropertydamage claims,liabilities,losses orcauses of actionwhichmayariseasa result of
the negligence of the COUNTY.
Section VII
County Event of Default
Without limitation,thefailure by the COUNTY tosubstantiallyfulfill any of itsmaterialobligationsin
accordance with this Agreement,unless justified by ForceMajeure,shall constitute a "COUNTY event of
default".
If a COUNTY event of default should occur,the CITY shall have all of the following rightsandremedies
which it may exercise singly orin combination:
1.theright to declarethatthis Agreement together with allrightsgrantedto COUNTY hereunderare
terminated,effective upon suchdateasisdesignated by the CITY;
2.anyandallrightsprovidedunder federal lawsandthelaws of theState of Florida.
Section VIII
City Event of Default
InadditiontotheprovisionssetforthinSection V,Compensation,and without limitation,the failure bythe
CITY tosubstantiallyfulfillany of itsmaterialobligationsinaccordance with this Agreement,unlessjustified
by Force Majeure,shallconstitutea "CITY Event of Default".
If a CITY Event of Default should occur,the COUNTY shall have all of the following rightsand remedies
whichitmayexercisesingularlyorincombination:
1.therightto declare thatthisAgreement together withall rights granted to CITY hereunder are terminated,
effective uponsuchdateasis designated by the COUNTY;
2.any and all rights providedunder federal lawsandthelaws of theState of Florida.
Section IX
General Provisions
AuthorizationtoRepresentthe CITY inNPDESMS4 Operating PermitThe CITY hereby authorizes the
COUNTYtoactonitsbehalfwith respect tothe monitoring and sampling portions of the NPDES MS4
Operating Permit and shall comply with all requirements imposed byEPAwith respect thereto asa condition of
theNPDES MS4 OperatingPermit.
Attendance at COUNTY Permit Review Meetings.The CITY may,butisnot required to,attend anyor all
regular meetings held byCOUNTYstaff for the purpose of reviewing the status ofthe NPDES MS4 Operating
Permit.
Termination Either party may terminate this Agreement without cause by providing sixty (60)days prior written
notice of intentto terminate totheother party.The CITY shall beentitledto reimbursement of monies paid to
theCOUNTYonlyintheevent of termination for cause bythe CITY,or termination without cause bythe
COUNTY,andthe CITY shall then beentitledtosuch reimbursement onlytotheextentthatservicesproviding
formation useful to the NPDES MS4 Permit have not been rendered by the COUNTY.Upon termination by
either party,the NPDES MS4 Operating Permit status ofthe CITY shall revert to Individual Permit Holder.
Entire Agreement:PriorAgreementsSuperseded:AmendmenttoAgreementThisAgreementincorporatesand
includes allprior negotiations,correspondence,conversations,agreements,and understandings applicable tothe
matterscontainedherein.Thepartiesagreethattherearenocommitments,agreements,or understandings
concerning thesubjectmatter of this Agreement that are notcontainedinthisAgreement,andthatthis
Agreement contains theentire agreement between the parties asto matters contained herein.Accordingly,itis
agreed thatno deviation from thetermshereofshallbe predicated uponanyprior representations or agreements,
whetheroralor written.Itis further agreed that anyoralrepresentationsormodificationsconcerningthis
Agreement shall beofno force or effect,andthatthis Agreement maybe modified,altered or amended only by
awrittenamendmentduly executed bythepartiesheretoortheirrepresentatives.
Headings Captions and headings inthis Agreement areforeaseof reference onlyanddonot constitute apartof
this Agreement andshallnotaffectthemeaningor interpretation of anyprovisionsherein.
Notices and Approval Noticesand approvals required or contemplated bythis Agreement shallbewrittenand
personally served or mailed,registered or certified United States mail,withreturnreceipt requested,addressed
tothepartiesasfollows:
To County:
ToCity:
Miami-Dade CountyDepartment of Environmental
Resources Management
33 S.W.2 Ave,Suite 1200 Miami,Florida 33130 •
Attn:Department Director 305/372-6789
City of South Miami
6130 Sunset Drive
South Miami,FL 33143
Attn:City Manager
(305)663-6338
Performance by Parties Except as otherwise providedinthisAgreement,intheevent of any dispute arisingover
the provisions of thisAgreement,thepartiesshallproceedwiththetimelyperformance of theirobligations
duringthependency of anylegalorothersimilarproceedingstoresolvesuchdispute.
Rights of Others Nothing inthe Agreement expressor implied is intended to confer upon any person other than
the parties hereto any rights or remedies under or by reason of this Agreement.
Timeis of Essence It ismutually agreed thattimeis of the essenceintheperformance of alltermsand
conditions tobemetand performed pursuant tothis Agreement.
Governing LawThis Agreement shallbe governed byand construed in accordance withthelawsoftheStateof
Florida.The COUNTY andthe CITY agreetosubmittoservice of processandjurisdiction of the State of
Florida forany controversy or claim arising outofor relating tothis Agreement ora breach ofthis Agreement.
Venue foranycourt action between the parties foranysuch controversy arising from or related tothis
Agreement shall beinthe Eleventh Judicial Circuit in and for Dade County,Florida,orinthe United States
District Courtforthe Southern District of Florida,inDade County,Florida.
SeverabilityTheinvalidity of oneormore of thephrases,sentences,clauses,orSectionscontainedinthis
Agreement shall not affect the validity ofthe remaining portion ofthe Agreement,provided the material
purposes ofthis Agreement canbe determined and effectuated.
WaiverThereshallbeno waiver of anyrightrelatedtothis Agreement unlessin writing signed bytheparty
waiving suchright.Nodelayorfailureto exercise arightunderthis Agreement shallimpairsuchrightorshall
beconstruedtobeawaiver thereof.Anywaivershallbelimitedtothe particular rightsowaivedandshallnot
bedeemeda waiver of thesamerightatalatertime,or of anyotherright under thisAgreement.
INWITNESSWHEREOF,Miami-Dade County,Florida,hascausedthis Agreement tobeexecutedinitsname
bytheCountymanagerorhisdesignee,attestedbytheClerkoftheBoard of County Commissioners andhas
causedtheseal of theBoard of County Commissionerstobeheretoattached;andthe City of SouthMiami,
causedthisAgreementtobeexecutedinitsnamebytheCityManagerorhisdesignee,attestedbytheClerk of
theCityCouncilandhascausedthesealofthe Council tobeheretoattached,allonthedayandyearfirst
written above.
Harvey Ruvin,
Clerk of the Board
By:
Clerk of the Board
Clerk of the City
By:
Ronetta Taylor,Clerk
MIAMI-DADE COUNTY,
FLORIDA,BY ITS BOARD OF
COUNTY COMMISSIONERS Attest:
By:.
County Manager
City of South Miami,FLORIDA
By ITS COUNCIL attest:
By:
Charles D.Scurr,City Manager
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ATTACHMENT1^"
ANNUAL MONITORING COSTS FOR MIAMI-DADE COUNTY
AND CO-PERMITTEES
Municipality/Agency Number of
Outfalls
City of Aventura 11o
Bal Harbour Village 11
Town of Bay HarborIslands54
City of CoralGables 104
Village of El Portal 7
Town of Golden Beach 39
City of HialeahGardens 4
City of Homestead 6
Indian CreekVillage 13
Village of KeyBiscayne23
Town of Medley 1
City of MiamiBeach 206
Miami Shores Village 36
City of Miami Springs 2
City of North BayVillage52
City of NorthMiami 163
City of NorthMiamiBeach222
CityofOpa-Locka 9
Village of Pinecrest 62
City of SouthMiami 12
City of SunnyIslesBeach87
TownofSurfside 12
City of West Miami 2
Uninc.Miami-Dade County 1,495
FDOTDistrict VI 700
FDOTTurnpike 65
Totals:3,497
C.Pis Co-Permittees
Percentage total
of Outfalls
3.1
0.3
1.5
3.0
0.2
1.1
0.1
0.2
0.4
0.7
0.1
5.9
1.0
0.1
1.5
4.7
6.3
0.2
1.8
0.3
2.5
0.3
0.1
42.7
20.0
1.9
100.0
Total Annual Cost ofCounty and Co-Permittees*NPDES Requirements
Dollar contribution for
NPDES County Plus C.P.1
$13,950
$1,350
$6,750
$13,500
$900
$4,950
$450
$900
$1,800
$3,150
$450
$26,550
$4,500
$450
$6,750
$21,150
$28,350
$900
$8,100
$1,350
$11,250
$1,350
$450
$192,150
$90,000
$8,550
$450,0003
(Revised 09/08/00)