07-19-05 Item 20CITY OF SOUTH MIAMI
Inter - office Memorandum
TO: Honorable Mayor, Vice Mayor DATE: July 19, 2005
South Miami
bWAZA
All- AmericaNy
2001
& City Commission
FROM: Maria V. Davis AGENDA ITEM No.i
City Manager C RE: Authorizing the City Manager to
renew NPDES Interlocal Agreement
between the City & Miami -Dade County
RESOLUTION:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY TO
PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN
MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER
PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY;
ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
This agreement is the continuation of our ongoing interlocal agreement with Miami -Dade County
for the control of discharges from any and all municipal separate storm sewer systems that may
be shared, pursuant to Section 403.0885, Florida Statues, Rule 2 -624, Florida Administrative
Code, and EPA's NPDES permit. The scope of work will include sampling, monitoring and
analysis of a variety of storm sewer systems throughout Miami -Dade County. The attached
agreement also provides for the cost of professional services required to perform the scope of
work and how the costs will be shared by each municipality.
The term of the agreement shall commence upon the final date of execution and shall expire on
November 16, 2012. According to Attachment "A" (Annual Monitoring Costs for Miami -Dade
County and Co- permittees), the City will pay $1,350 annual monitoring during the agreement
period. The $1,350 is consistent with the amount we paid from our Stormwater Trust Fund for
the past couple of years.
RECOMMENDATION:
It is recommended that the City Commission approve the ordinance.
ATTACHMENTS:
❑ Proposed Ordinance
❑ NPDES Inter -local Agreement with Miami -Dade County
I ORDINANCE NO.
2
3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO EXECUTING AN
5 INTERLOCAL AGREEMENT WITH MIAMI -DADE COUNTY; TO
6 PROVIDE CONTROL OF POLLUTANT DISCHARGES BETWEEN
7 MUNICIPAL SEPARATE STORM SEWER SYSTEMS NAMED IN THE
8 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM UNDER
9 PERMIT NO. FLS000003; PROVIDING FOR SEVERABILITY;
10 ORDINANCES IN CONFLICT; AND AN EFFECTIVE DATE.
11
12 WHEREAS, the City of South Miami is one of the co- permittees named in Permit No.
13 FLS000003, authorized to discharge storm water system under the National Pollution Discharge
14 Elimination System ( NPDES); and,
15
16 WHEREAS, the attached interlocal agreement provides for control of discharge from any
17 and all municipal separate storm sewers (MS4) that may be shared by any of the parties to the
18 agreement, as required by the State of Florida Department of Environmental Protection pursuant
19 to Section 403.0885, Florida Statues, and Rule 62 -624, Florida Administrative Code, and the
20 Environmental Protection Agency (EPA) NPDES Permit; and,
21
22 WHEREAS, the EPA requires, as part of the NPDES MS4 Operating Permit, the city, to
23 sample, monitoring and to provide analysis of a variety of storm sewer systems throughout
24 Miami -Dade County; and,
25
26 WHEREAS, the City agrees to pay Miami -Dade County $1,350 annually, or as revised
27 and agreed upon during the term of the agreement, for monitoring cost attributed to the operating
28 permit; and,
29
30 WHEREAS, the term of the attached interlocal agreement shall commence upon the final
31 date of execution of the interlocal agreement by all the parties and shall expire on November 16,
32 2012.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. THAT:
36
37 Section 1. The above whereas clauses are incorporated by reference.
38
39 Section 2. The Mayor and City Commission renew the NPDES Interlocal Agreement
40 between Miami -Dade County for monitoring cost and shared storm sewer systems under NPDES
41 permit no. FLS000003.
42
43 Section 3. The Mayor and City Commission authorize the City Manager to execute
44 the interlocal agreement attached as exhibit A to this ordinance for a term commencing upon the
45 final date of execution of the interlocal agreement by all parties and shall expire on November
46 16, 2012.
Additions shown by underlining and deletions shown by everstrg
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 5. This ordinance shall become effective immediately after adoption hereof.
PASSED AND ADOPTED this day of , 20_.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
APPROVED:
MAYOR
1 st Reading —
2nd Reading -
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
Additions shown by underlininc and deletions shown by eking
MIAMI -DADS
S
3J
ADA Coordination
Agenda Coordination
Art in Public Places�,,�
Audit and Management Services May1�9, 2005
Aviation
Building Code Compliance
Building
Business Development
Capital Improvements
Citizen's Independent Transportation Trust
Communications
Community Action Agency
Community & Economic Development
Community Relations
Consumer Services
Corrections & Rehabilitation
Countywide Healthcare Planning
Cultural Affairs
Elections
Ms. Maria Davis
City Manager
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Department of Environmental Resources Management
Water Management-Division
33 SW 2nd Avenue, 2nd Floor
Miami, Florida 33130 -1540
T305-372-6529 F 305 -372 -6425
miamidade.gov
ECEIN L)
MAY 23 2005
(CITY MANAGE ICE
RE: Renewal of NPDES Interlocal Agreements Between All Parties to NPDES
Permit NO FLS000003, for Monitoring Costs and Shared Storm Sewer Systems
Dear Ms. Davis:
Emergency Management
Employee Relations Please find attached a new and amended Intedocal Agreement for NPDES activities
Enterprise Technology Services under the referenced permit. We are pleased to announce we have consolidated
Environmental Resources Management the two Agreements we had executed in the past permit period. This new
Fair Employment Practices Agreement now includes language that addresses both shared storm sewers and
Finance the monitoring activities performed by the County
Fire Rescue
General Services Administration
Historic Preservation
Homeless Trust
Housing Agency
Housing FinanceAuthodty
Human Services
Independent Review Panel
International Trade Consortium
Juvenile Assessment Center
Medical Examiner
Metropolitan Planning Organization
Park and Recreation
Planning and Zoning
Police
Procurement Management
Property Appraiser
Public Library System
Public Works
Safe Neighborhood Parks
Seaport
Solid Waste Management _
Strategic Business Management
Team Metro
Transit
Urban Revitalization Task Force
Vizcaya Museum and Gardens
Water and Sewer
As in the prior Agreement, the monitoring costs are based on the numbers of
outfalls for each Co- Permittee, and attendant percentage of the total cost of
monitoring by the County. Attachment A is included for your reference, and please
note that, due to new outfalls having been constructed around the County, the
numbers may have changed for some Co- permittees. These numbers also may
change as new incorporations occur.
Please review with appropriate staff, and when approved have your Council or
Board execute the Agreement in its current form. It is critical that all Co- Permittees
to this Permit agree to use the same language contained in the Agreement, to
facilitate a smooth approval and execution process.
It is also critical that the Agreement be expedited through the execution process of
all Co- Permittees to the referenced Permit. Once the Co- Permittees sign the
Agreements, they must be approved by the County's Board of County
Commissioners. Because this Board recesses during the summer months, time is
of the essence to get the Agreements to this Board and have them approved before
the original Agreements expire in November 2005.
Toward that objective, we are .asking that you please return three original signed
Agreements, and the first scheduled payment to the County, to our Department by
July 1, 2005. Please make checks payable to "the Board of County
Commissioners ".
If you have any questions on the Agreement, I can be reached at 305 - 372 -6529, or via
Email at GambinoO- miamidade.gov. Randall White, of my staff, is also available at 305-
372 -6406. 1 can also meet with any of your staff or representatives to explain the
Agreement if needed.
Thank you in advance for your prompt attention in this matter.
Sincerely,
Mike Gambino, CFM
Section Supervisor
Stormwater & Floodplain Management Programs
MG:ma
Attachment
INTERLOCAL AGREEMENT BETWEEN CO- PERMITTEES
NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000063 AND
MIAMI-DADE COUNTY PROVIDING FOR PERFORMANCE
OF PROFESSIONAL SERVICES AND BETWEEN ALL CO-
PERMITTEES PROVIDING FOR CONTROL OF POLLUTANT
DISCHA?RGFS 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 control of
discharges from any and all municipal separate storm sewer systems that maybe 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 District, and the Miami -Dade
County Expressway Authority.
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, 12' ) and 124.
Section II
Term of Agreement
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
Scone 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 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- PERMTTEE 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 MS4 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. Re ort 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 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.
2
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- PERMITTEES agree that such equipment may. be placed within each CO-
PEIRIITTEE'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 ansing-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 any one 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-
3
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 any one
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
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:
L. 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.
M
Section IX
General Provisions
1. Authorization to Represent the CO- PERMITTEE in NPDES MS4 Operating 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.
2. Attendance at COUNTY Permit Review Meetings. 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. 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-
PERMITTEE, pursuant to the requirements of 40CFR 122.26(d)(2)(i)(D).
4. Identification of Discharges Both the CO- PERMITTEE whose stormwater system generates a
pollutant discharge that impacts another CO- PERMITTE'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
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 this
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
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 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 as follows:
To County:
To Co- Permittee:
Attn:
305/
Miami -Dade County Department of Environmental
Resources Management
33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130
Attn: Department Director 305 /372 -6789
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 t_he timely performance
of their obligations during the pendency of any legal or other similar proceedings -to resolve such
dispute.
I
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- FERMITTEE 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 in Counterparts
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:
By: By:
Clerk of the Board County Manager
7
Clerk of the
By: _
Clerk
f
City of , FLORIDA
BY ITS COUNCIL attest:
City Mayor
N.
ATTACHMENT "A"
ANNUAL MONITORING COSTS FOR MIAMI -DADE COUNTY AND
CO- PERMITTEES
Municipality /Agency
Number
of
OutfalIS
Percent
of Total
Outfalls
Dollar Contribution for
NPDES Co-Permittees
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 Village of El Portal
9
0.2
900
6 Town of Golden Beach
40
0.9
4,050
7 City of Hialeah Gardens
5
0.1
450
8 City of Homestead
47
1.1
4,950
9 Indian Creek Village
16
0.4
1,800
10 Village of Key Biscayne
24
0.6
2,700
11 Town of Medley
1
0.1
450
12 City of Miami Beach
228
5.2
23,400
13 Miami Shores Village
36
` 0.8
3,600
14 City of Miami Springs
4
0.1
450
15 City of North Bay Village
54
1.2
5,400
16 City of North Miami
165
3.8
17,100
17 City of North Miami Beach
230
5.3
23,850
18 City of Opa -locka
10
0.2
900
19 Village of Pinecrest
63
1.4
6,300
20 City of South Miami
12
0.3
1,350
21 City of Sunny Isles Beach
90
2.1
9,450
22 Town of Surfside
12
0.3
1,350
23 City of West Miami
5
0.1
450
24 Uninc. Miami -Dade County*
1,986
45.4
204,300
25 FDOT District VI
590
13.5
60,750
26, FDOT Turnpike
65
1.5
6,750
27 Town of Miami Lakes
229
5.3
23,850
28' -MDX 1
1241
2.81
12,600
Totals 1
4,3611
100.01
$450,000
Includes Outfalls for Doral, Miami Gardens, and Palmetto Bay
1 Total Annual Cost of County and Co- Permittees' NPDES Requirements
Revised 05/19/2005