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2000-054 RESOLUTION NO. 2000-54 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING PERMIT BY AND BETWEEN MIAMI-DADE COUNTY AND THE CITY OF AVENTURA; 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 authorized to execute the attached Interlocal Agreement for Professional Services associated with NPDES Operating Permit by and between the City of Aventura and Miami-Dade County. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jeffrey M. Perlow yes Mayor Arthur I. Snyder yes Resolution No. 2000- 5___4 Page 2 PASSED AND ADOPTED this 5th day of September, 2000. ;~'RTHUR I. ~IYOER, MAYOR ATTEST: TEtS, ESA 1~12 S0~O~, CMC CI~ CLE~ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY INTERLOCAL AGREEMENT BETWEENClTY OF AVEIq'IYtmA AND MIAMI-DADE COUNTY FOR PERFORMANCE OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING PERMIT This Interlocal Agreement ("Agreement") is made and entered into this day of 2000, by and between Miami-Dade County [hereinafter referred to as the "COUNTY"l and the City of Aventura [here±naft~ referred to as the "CITY"I, in order that the City may be included as a co-permittee as provided under the Environmental Protection Agency [hereinafter referred to as the "EPA"] National Pollutant Discharge Elimination System [hereinafter referred to as "NPDES"] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter referred to as "NPDES Final Rule"], and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES MS4 Operating Permit may be initiated and performed on behalf of both the CITY and the COUNTY as 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. CITY shallmean the City of Aventura, by and through its City Manager. 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 sirailar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. 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 (Attachment "A"), incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2005. Section III Scope of Work The panics hereto stipulate and agree that the EPA is requiring as part of a 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 of this operating permit shall be the joint responsibility of all participating municipalities, and shall be based on a perccntagc rate obtained by dividing the number of outfalls that drain to United States bodies of water existing in each participating municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees~ Section IV COUNTY's Obligations Compliance with NPDES MS4 Operating Permit The COUNTY shall perform all analyses and related activities as required in Miami-Dade County's NPDES MS4 Operating Permit. Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct activities under the NPDES MS4 Operating Permit. Report The COUNTY shall provide the CITY with a report with the results of all monitoring and sampling activities required under the NPDES operating Permit. Notice of DERM Meeting The COUNTY shall provide the CITY 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 CITY's Obligations Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as promptly as any changes in outfalts occur, in order that the data maintained by the COUNTY may be accurate and current. Prevention of Theft of COUNTY Equipment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such equipment may be 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 ten (10) days from the date of execution of this Agreement, the CITY shall make a lunlp sum payment to the COUNTY of its proportional share of the payment due to the COUNTY tbr associated monitoring activities which are the CITY's financial obligation pursuant to this Agreement. The sum due shall be determincd by dividing the total cost for analyses by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulatcd and agreed that the total cost for analyses is a 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 the five year NPDES MS4 Operating Permit. Failure to pay the agreed-upon lump sum payment or subsequent payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES MS4 Operating Permit status to Individual Permit Holder. The proportional share of each co- permittee has been calculated and is listed on Attachment "B". Access/City Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any storm sewer systems which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the COUNTY to accomplish the above activities that may be located within the CITY's jurisdiction. Section VI Indemnification To the extent permitted by law, the CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' 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 ar/sing out of, relating to or resulting from the performance of this Agreement by the CITY or its employees, agents, servants, partners, principals, subconsultants or subcontractors. The CITY shall pay al/ claims and losses in cormection 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, judgments, 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 CITY 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 $100,000, or any claim or judgment or portions thereof, which, when totaled with all other claims or judgment paid by the CITY 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 CITY. 3 Section Vll 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 CITY shall have all of the following fights 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 CITY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VIII City Event of Default In addition to the provisions set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "C1TY Event of Default". If a CITY Event of Default should occur, the COUNTY shall have all of the following fights and remedies which it may exercise singularly or in combination: 1. the fight to declare that this Agreement together with all fights granted to CITY hereunder are terminated, effective upon such date as is designated by the COUNTY; 2. any and all rights provided under federal laws and the ~a":s of the State of Florida. Section IX General Provisions Authorization to Represent the CITY in NPDES MS4 Operating Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES MS4 Operating Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES MS4 Operating Permit. 4 Attendance at COUNTY Permit Review Meetino, s. The CITY may, but is not required to, attend any or all regular meetings held by COUNTY staff for the propose of reviewing the status of the NPDES MS4 Operating Permit. Termination Either party may tem-finate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimburscment of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES MS4 Permit bave not been rendered by the COUNTY. Upon termination by either party, the NPDES MS4 Operating Permit status of the CITY shall revert to Individual Permit Holder. Entire Agreement; Prior A.m'eements Superseded; Amendment to A.m'eement 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. 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. Notices and Approval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Miami-Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite I200 Miami, Florida 33130 Attn: Department Director 305/372-6789 To City: Eric l~. Sorok~. City ~anager City of Aventura 2999 NE 191 Street Suite 500 Aventura, FL 33180 Attn: Eric M. Soroka, City Manager 305/466-8910 Performance by Parties Except as other,vise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely perforn~ance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. 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. 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. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY 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 bet~veen the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. Severabilit¥ 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. Waiver There shall be no waiver of any fight 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 fight 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. 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 Comn ~ssioners to be hereto attached; and the City of Aventura , 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, Clerk of the Board FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: By:. Clerk of the Board County Manager Clerk ~the ~- Cit Y o P'v~)iC~I~ attests/~ 6 ATTACHMENT "B" "ANNUAL MONITORING COSTS FOR DADE COUNTY AND CO-PERMITTEES" Municipality/Agency Number of Percentage Total of Dollar Contribution for Outfalls Outfalls NPDES County Plus C.P2 1. Bal Harbour Village 11 0.3 1,350 2. Town of Bay Harbor Islands 54 1.6 7,200 3. City of Coral Gables 104 3.0 13,500 4. Miami-Dade County 1,495 42.9 193,050 5. Fla. Dept. of Trans. (FDOT) 740 21.3 95,850 6. Town of Golden Beach 39 1.1 4,950 7. City of Hialeah Gardens 4 0.1 450 8. City of Homestead 6 0.2 900 9. Indian Creek Village l 3 0.4 1,800 10. Town of Medley 1 0.1 450 11. City of Miami Beach 206 5.9 26,550 12. Miami Shores Village 36 1.0 4,500 13. City of Miami Springs 2 0.1 450 14. City of North Bay Village 52 1.5 6,750 I5. City of North Miami 163 4.7 21,150 16. City of North Miami Beach 222 6.4 28,800 17. City of Opa-Locka 9 0.3 1,350 18. City of South Miami 12 0.3 1,350 19. Town of Surfside 12 0.3 1,350 " 0.1 450 20. City of West Miami ~ 21. Village of Key Biscayne 23 0.7 3,150 22. Village of Pinecrest 62 1.8 8,100 23. City c f Aventura 110 3.2 14,400 24. Village of E1 Portal 7 0.2 900 25. City of Sunny Isles Beach 87 2.5 11,250 Totals 3,472 100.0 $450,0002 ~C.P. is Co-Permittees 2TotaI Axmual Cost of County and Co-Permittees' NPDES Requirements GS:nlt