2012-36RESOLUTION NO. 2012 -36
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN
THE CITY OF AVENTURA AND MIAMI -DADE COUNTY AND ALL CO-
PERMITTEES NAMED IN NATIONAL POLLUTANT DISCHARGE
ELIMINATION SYSTEM PERMIT NO. FLS000003 -003 PROVIDING FOR
PERFORMANCE OF PROFESSIONAL SERVICES BY MIAMI -DADE
COUNTY, AND ALSO BETWEEN ALL CO- PERMITTES PROVIDING
FOR IDENTIFICATION AND CONTROL OF POLLUTANT DISCHARGES
IN SHARED MUNICIPAL SEPARATE STORM SEWER SYSTEMS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Interlocal Agreement by and between the City and Miami -Dade County and all Co-
Permittees named in National Pollutant Discharge Elimination System (NPDES) Permit
No. FLS000003 -003 providing for identification and control of pollutant discharges in
shared municipal separate storm sewer systems within the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Stern, who moved its
adoption. The motion was seconded by Commissioner Weinberg, and upon being put
to a vote, the vote was as follows:
Commissioner Zev Auerbach
absent
Commissioner Bob Diamond
yes
Commissioner Billy Joel
yes
Commissioner Michael Stern
yes
Commissioner Luz Urbaez- Weinberg
yes
Vice Mayor Teri Holzberg
yes
Mayor Susan Gottlieb
yes
Resolution No. 2012-36
Page 2
PASSED AND ADOPTED this 19th day of July, 2012.
"SA GOT LIEB, MAYOR
ATTEST:
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MV CLER-K P'
APPROVED AS TO LEGAL SUFFICIENT:
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CITY ATTORNEY
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
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 -003, 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. This
Agreement also provides for the negotiation and execution of changes to the selection of activity participation
by CO- PERMITTEES.
Section I
Definitions
For purposes of this Agreement, the following terms shall apply:
AGREEMENT shall mean this document, including any written amendments thereto, and other written
documents or parts thereof which are expressly incorporated herein by reference.
CO- PERMITTEE or CO- PERMITTEES shall mean the following municipalities and agencies named in
NPDES Permit No. FLS000003 -003 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 VI, 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, 2012.
This Agreement shall expire on September 30, 2017, or until a replacement interlocal agreement is executed,
whichever is later.
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 water monitoring annual costs (Activity 1) attributable to this operating permit shall be
shared by those CO- PERMITTEES who elect to participate in this Activity, 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- PERMITTEES.
The parties further agree that the best management practices (BMP) (Activity 2) and basin management action
plan (BMAP /WTW) (Activity 3) costs attributable to this operating permit shall be shared by those CO-
PERMITTEES who elect to participate in these Activities, and the costs shall be based on a percentage rate
obtained by dividing the roadway MS4 drainage area existing in the geographical boundaries of each CO-
PERMITTEE by the total roadway MS4 drainage area existing within the geographic boundaries of all CO-
PERMITTEES. 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 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.
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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.
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- 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 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
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
3
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
judgement 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- PERMITTEE 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-
PERMITTEE, provided further that any CO- PERMITTEE's liability hereunder shall be based on that CO-
PERMITEE's performance of this Agreement only, and no CO- PERMITTEE shall be liable for
indemnification based on another CO- PERMITTEE's performance of this Agreement.
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-
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 $200,000, 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 $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 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:
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.
4
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.
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: the activities
under this Agreement; and compliance with requirements of those monitoring, sampling, BMP, and
BMAP 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.
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- 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 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 parry'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
NPDES MS4 Permit have not been rendered by the COUNTY. Upon termination by any party, the
NPDES MS4 Operating Permit status of that parry 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 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
G
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.
17. Number of Outfalls The COUNTY will review and adjust on an annual basis the number of outfalls
and MS4 drainage area 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- PERMITTEE'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 January Ist to
February 28th of the year immediately preceding the start of the fiscal year of the intended changes. An
updated Attachment "A" shall be provided to CO- PERMITTEES annually by March 31" 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- PERMITTEE's
cost share may change ( + / -) based on any changes made to the Number of Outfalls or Drainage Area
during the annual reviews. Such changes shall be reflected in an updated Attachment "A ". Actual
annual expenditures invoiced by the COUNTY for water monitoring, sampling, BMP, and BMAP
activities performed, will not exceed the CO- PERMITTEE'S total annual cost shown in Attachment
"A" for that fiscal year.
VA
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.
IN WITNESS WHEREOF, THE CITY OF AVENTURA FLORIDA,
by its Commission attest, that this Agreement be executed in its name by the Manager or his designee, attested
by the Clerk or Legal Representative.
Co- Permittee selection of Activities detailed in Attachment "A ":
Activity 1 (Water Monitoring)
[X] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 2 (Best Management Practices, BMP)
[X] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
Activity 3 (Basin Management Action Plan/Walk the WBID, BMAP /WTW)
[X ] Yes, we wish to participate
[ ] No, but we reserve the right to request participation in subsequent fiscal years
The Co- Permittee selections shown above remain in effect for the duration of the Agreement unless otherwise
modified by the Co- Permittee. Each Co- Permittee may elect to modify their selections shown above every
fiscal year the Agreement remains in place. These modifications must be formally requested between January
1 and February 28 in order to become effective for the following fiscal year and for the duration of the
Agreement unless further modifications are made by executing a new "Execution in Counterparts" form
Name of Manager (print)
Signature
Name of Clerk / Legal Representative (print)
Date
Signature Date
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.
IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement to be executed in its
name by the County Mayor 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.
MIAMI -DADE COUNTY
Stephen P. Clark Center
111 N.W. 1 Street
Miami, FL 33128
Mayor or Mayor's Designee
HARVEY RUVIN, CLERK
Attest:
Deputy Clerk
9
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CRAVEN 1HO/VIPSON
June 27, 2012
Robert M. Sherman, CPRP
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: CHANGES TO INTERLOCAL AGREEMENT
RELATED TO NPDES MS4 PERMIT
Dear Mr. Sherman:
This is regarding the interlocal agreement between the City of Aventura,
Miami -Dade County and other municipalities concerning the National
Pollutant Discharge Elimination System ( NPDES) Municipal Separate
Storm Sewer Systems (MS4) Permit Number FLS000003.
Recommendation
& ASSOCIATES INC We recommend: 1) the City approve the Interlocal Agreement for 2012-
Engineers 2017, 2) the City select the "Yes, we wish to participate" box for
Planners Activities 1, 2 and 3 on the Execution in Counterparts form, and 3) the
Surveyors
City share in the costs for all three activities summarized in Attachment
A since it should be the most cost- effective means of complying with the
MS4 permit requirements.
Background and Analysis
The City of Aventura maintains stormwater collection, treatment and
conveyance systems consistent with federal and state regulations related
to stormwater discharges. This past year, the City routinely cleaned and
inspected existing systems to sustain flood control and water quality
benefits to road users and adjacent property owners.
The City also participates with other municipalities and Miami -Dade
County in monitoring and reporting stormwater discharge related events
associated with its National Pollutant Discharge Elimination System
( NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit
Number FLS000003. The monitoring and reporting activities are
described in an Interlocal Agreement (IA) that expires on November 16,
3563 N.W. 53rd Street 2012.
Fort Lauderdale, FL 33309 -6311
(954) 739 -6400
Fax (954) 739 -6409
West Palm Beach
Robert M. Sherman, CPRP
RE: Changes to Interlocal Agreement
Related to NPDES MS4 Permit
Page 2
Miami -Dade County is requesting each municipality that is a co-permittee in the MS4 Permit
execute a new IA for the next 5 -year cycle. The draft IA includes new work to be performed
by Miami -Dade on behalf of the co- permittees and is scheduled to take effect on October 1,
2012. Enclosed is a summary of the substantive changes to the IA along with the costs per
fiscal year.
The new work is related to monitoring and sampling of pollutants from stormwater discharges.
Sampling is anticipated to begin in 2013 for reporting in the November 2013 MS4 permit
report update. The County has developed a cost estimate for the annual water quality
monitoring based on a pro -rated share of outfalls and drainage area and has tabulated each
municipality's expected cost in Attachment A of the IA.
The purpose of the new activities is to comply with Part VIII of the MS4 permit. The permit
states that the requirements of Part VIII "apply only to the permittee's MS4 discharges to
receiving waters with adopted or established TMDLs [Total Maximum Daily Loads] and
associated allocations. I do not believe there is an adopted TMDL for the waterbody that
receives discharges from the City of Aventura. However, the 2012 Florida Legislature passed
and the Governor signed a bill that approved numeric nutrient criteria for Biscayne Bay,
including the Northern North Basin (NNB) that includes the boundaries of, and receives
stormwater discharges from, the City of Aventura. This legislation could be the first step in
developing a TMDL for the Northern North Basin. The activities described in the draft
agreement should provide the needed data to assess whether additional measures will be
necessary to limit nutrient levels in Biscayne Bay.
The County has also presented each co- permittee with a proposal to perform mapping and
modeling services within the next 5 -year cycle. The mapping and modeling activities will not
be required in the FY 2012 -FY 2013 time period, but will be required by the current MS4
Permit in future years. The associated costs will be in addition to the costs described in the
pending interlocal agreement. The County will be submitting this proposal under a separate
interlocal agreement at a future date.
Please do not hesitate in calling me should you need additional information.
Sincerely,
CFAVEN THOMPSON & ASSOCIATES, INC.
Adolfo A 'l- Gonzalez, P'E; L IkP
Consulting Engineer
Enclosure: Summary of Major Changes to Interlocal Agreement
Draft Interlocal Agreement
CRKNEN 1HOMPSON & ASSOCIATES INC.
Interlocal Agreement Between All Co- permittees named in National Pollutant Discharge
Elimination System Permit No. FLS000003 -003
Summary of Major Changes to Interlocal Agreement
Section III, Scope of Work: describes Activity 1 (water monitoring) and Activity 2 (best
management practices) to be conducted by Miami -Dade County in the next 5 -year cycle.
Section IV, County's Obligations, Sub - section 4: County will provide all co- permittees with
reports of sampling and monitoring results on an annual basis.
Section V, Co- permittees' Obligations, Sub - section I. Each co- permittee to reimburse County
annually for services completed in the previous year.
Section VI, Indemnification: Changed dollar amounts for referenced judgments or claims.
Section IX, General Provisions, Sub - section 1: Updated the references to the activities
authorized to be performed by the County.
Section IX General Provisions, Sub - section 7: Deleted reference to entitlement for
reimbursement of monies paid to the County "in the event of termination for cause by the CO-
PERMITTE" .
Section IX, General Provisions, new Sub- section 17: Added a process for updating the
number of outfalls each fiscal year. The number of outfalls (in addition to drainage area size)
is the basis of the pro -rata cost share formula regarding the sampling and monitoring activities.
Section IX General Provisions, new Sub- section 18: Explains how the maximum annual costs
may change each year based on updates to outfalls or the contributing drainage area within
each co- permittee's jurisdiction.
Execution in Counterparts Form: Added check boxes for each co- permittee to identify which
activities it plans to jointly share the cost with the County and other co- permittees.
New Attachment A: Describes the total and pro rata cost for the new activities to be performed
during the next 5 -year cycle. The caveat is that if a co- permittee opts out, then the co- permittee
is solely responsible for the cost of collecting, analyzing and providing any data required by
the MS4 permit conditions.
The projected not -to- exceed annual costs are subject to change each year if new permit
requirements dictate additional sampling, analysis or reporting measures. Each co- permittee
will have the option each year to continue to opt in or out of the three activities. The County
will invoice for actual services performed up to the "not to exceed" amount each year.
2007 -2012 Annual Cost for City of Aventura = $14,400.00 per current interlocal agreement
Projected 2012 -2017 Annual Cost for City of Aventura = $11,826.00 per draft interlocal agreement