2003-023 NPDES 2nd Term Permit Interlocal AgreementRESOLUTION 23-2003
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A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM
BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE
CLERK TO ENTER INTO A NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) SECOND TERM PERMIT INTERLOCAL AGREEMENT WITH THE
BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT
DISTRICT, ATTACHED AS EXHIBIT "A"; AND, PROVIDING FOR AN EFFECTIVE
DATE.
BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA:
Section I. The Village Council of the Village of North Palm Beach, Florida, does hereby
approve the National Pollutant Discharge Elimination System (NPDES) Second Term Permit
Interlocal Agreement with the Board of Supervisors, Northern Palm Beach County Improvement
District, attached as Exhibit "A."
Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the
Interlocal Agreement with the Board of Supervisors, Northern Palm Beach County Improvement
District set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach.
Section 3. This resolution shall take effect immediately upon its adoption.
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A
NPDES SECOND TERM PERMIT
INTERLOCAL AGRF.F.MENT
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This AgIeement shall be effective as of the ~ day oI' , ?003 ("the Effective
Date"), and is being entered into by and between NORTHERN PA M I3LACII C'ULINTY
IMPKUVEMENT DIS'TRIC'T, 357 IIiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter
referred to as "the Lead Penlliuee"), and Village of North Palm Beach (hereinal-ter
referred to as the ``Co-Permittcc").
WI~I NESSETII:
WI IF.RF.AS. the United States Environmental Protection Agency (hereinafter referred to as
"EPA"'j on the 9th day of December, 1996, issued its National Pollutant Discharge F,limination
System ('`NPDES") Permit No. FI.SOOOOIS (hereinafter refelTed to as the "NPDES Permit"} to
govertlnlental entities designated as the Palm Beach County-Municipal Separate Storm Sewer
System I'ernlittees (hereinafter referred to as "the Permittees"): and
WIIEREAS. EPA has since clclc`~ated its regulatory and en fi7rcement authority relating to this
permit to the Florida Department of Environmental Protection ("I~DEP"); and
WII)REAS, Section ~03.U88>, l~lorida Statutes, established the federally approved state
NPDES Program; and
WI IERF.AS, FDEP Rule 62-4.0>2, F.A.C., implemented an annual re4~ulatory program and
fees to effect the legislative intent that FDEP's costs for administering the N PDES Program be borne
by regulated parties; and
WIIEREAS, the Permittees timely filed a I'e-application to FDF-.P to he granted a renewal for
the second term ot'the NPDES Permit (hereinatterreferred to as "the NPUL:S Second'l-crm Permit"):
and
WHEREAS. on Novelllber 18. ?00?. FDEP granted said Second ~fcrm Permit with certain
conditions enumerated thereitl; and
WHEREAS, the NPDF,S Second Tern) Permit.. like the NPDES Permit, contains certain
separate obligations and responsibilities on the part of each individual Permittee, as well as some
obligations alld respOllslbllltlCS that play be performed jointly by all of the Group Pcrmittees; and
WIIEREAS, due to the number of Group Yernlittees and the tasks that must he performed
under the NPDES Second Term Permit, it would he most economically and administratively feasible
to allocate duties. responsibilities. and costs associated therewith under the terms ot'this Agreement;
and
WHEREAS, the Permittees have established a 6-member Steering Committee comprised of
• 2 representatives of lazge municipalities, 2 representatives of smaller municipalities, lrepresentative
of special districts, and 1 representative of Palm Beach County, which Committee coordinates the
joint activities in Palm Beach County's NPDES Program, including but not limited to recommending
to the Lead Permittee retention of necessary consultants to execute the Program; and
WHEREAS, the parties had previously executed Agreements in 1997, with Palm Beach
County's execution in 1998 and the Florida Department of Transportation's (FDOT's) execution of
a Joint Participation Agreement in 1999, setting forth the terms and conditions of the parties'
obligations and responsibilities required of them during the first 5 years of the NPDES Permit; and
WHEREAS, these agreements were extended by the parties prior to the termination date of
September 30, 2002, until generally such time as the parties execute additional agreements as
required by the NPDES Second Term Permit; and
WHEREAS, the parties hereto aze authorized pursuant to Chapter 163, Part 1 of Florida
Statutes, to enter into this additional Interlocal Agreement and do hereby wish to adopt, ratify and
confirm the provisions and incorporation herein of Subpazagraph (9) of Section 163.01, Florida
Statutes.
NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the
undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant, and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. Recitals. The recitals and representations asset forth hereinabove aze true and correct
to the best of the knowledge of the parties and are incorporated herein by this reference.
SECTION TWO
DESIGNATION OF PARTIES
2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby
designated as the Lead Permittee for the purposes of this Agreement and the NPDES Second Term
Permit.
2.02. Co-Permittee. The Village of North Palm Beach is
hereby designated as a Co-Permittee for the purposes of this Agreement and the NPDES Second
Term Permit.
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SECTION THREE
• NPDES SECOND TERM PERMIT
3.01. Term of Permit. The NPDES Second Term Permit has an issuance date ofNovember
18, 2002 (the "NPDES Second Term Permit Issuance Date") and an expiration date ofNovember
17, 2007 (the "NPDES Second Term Permit Expiration Date").
3.02. Annual Reports. The NPDES Second Term Permit requires that certain reports be
submitted to FDEP generally on an annual basis throughout the duration ofthe NPDES Second Term
Permit.
SECTION FOUR
TERM OF AGREEMENT
4.01. Term. The anticipated term of this Agreement shall be from the Agreement's
Effective Date through November 17, 2007, but subject to an annual Fiscal Yeaz (as hereinafter
defined) renewal process pursuant to the following Section 4.03, unless otherwise terminated in
accordance with other provisions of this Agreement.
4.02. Fiscal Year. The term "Fiscal Year" is defined for the purposes of this Agreement
as the following fiscal Yeaz periods:
(i) 2002 -from October 1, 2002 through September 30, 2003.
(ii) 2003 -from October 1, 2003 through September 30, 2004.
(iii) 2004 -from October 1, 2004 through September 30, 2005.
(iv) 2005 -from October 1, 2005 through September 30, 2006.
(v) 2006 -from October I, 2006 through September 30, 2007.
(vi) 2007 -from October 1, 2007 through September 30, 2008.
4.03. Renewal. This Agreement shall be automatically renewed as of the beginning date
of each Fiscal Yeaz, and at the beginning of the Fiscal Yeaz commencing immediately after the
conclusion of the 2007 Fiscal Yeaz, and will remain in full force and effect during the pendency of
any re-application or renewal of the NPDES Second Term Permit until such time as FDEP grants
same, unless a party to this Agreement provides written notice ofnon-renewal to the other party at
least thirty (30) days prior to the end of the prior Fiscal Yeaz, or unless the Agreement has been
previously terminated as provided herein.
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• SECTION FIVE
SCOPE OF WORK AND ALLOCATION OF
DUTIES AND OBLIGATIONS
5.01. Scope of Work
The Scope of Work contemplated under this Agreemeht is applicable to the
implementation and execution of the NPDES Second Term Permit, which Permit is incorporated
herein, to be facilitated and coordinated by the Steering Committee, and is generally described as
follows:
(i) The timely preparation, coordination, and execution of all interlocal
agreements necessary to carry out the terms of the NPDES Second Term Permit.
(ii) The timely prepazation, coordination, and submittal to FDEP of all system-
wide annual reports.
(iii) The timely implementation, coordination, and execution of all monitoring
required by Part V.B. of the NPDES Second Term Permit.
(iv) The timely prepazation, coordination, and submittal to FDEP of major
watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit.
(v) The timely development, implementation, and execution of all system-wide
public education programs required by the NPDES Second Term Permit.
(vi) The timely development, implementation, and execution of all storm water
management programs required by the NPDES Second Term Permit.
(vii) The timely prepazation, coordination, and distribution of standardized forms
necessary to carry out the terms of the NPDES Second Term Permit.
(viii) The timely payment of all applicable permit fees.
(ix) The timely and adequate performance of any other necessary and reasonable
task required by the NPDES Second Term Permit.
5.02. Allocation of Duties and Obli ate ions
(i) The Lead Permittee shall be responsible for those duties and obligations which
aze specifically identified and delineated in Attachment "A" which is attached hereto and
incorporated herein (the "Lead Permittee Services").
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(ii) The Co-Permittee shall be responsible for such other duties and obligations
• as aze identified as being its individual responsibility in the NPDES Second Term Permit.
5.03. Modifications to NPDES Second Term Permit
It is understood and agreed that any changes, modifications, revisions, or additions
to the terms of the NPDES Second Term Permit made subsequent to the Effective Date of this
Agreement are expressly excluded from and not a subject of this Agreement.
SECTION SIX
FUNDING AND ALLOCATION OF COSTS AND EXPENSES
As required by Sect. 2 of the Resolution adopted by the Lead Permittee on September 24,
1997 approving the NPDES Steering Committee Administrative Guidelines for Collection,
Management and Disbursement of NPDES Interlocal Agreement Funds, attached hereto as
Attachment "B",said guidelines aze hereby incorporated by reference into this Interlocal Agreement.
6.01. Annual Budget. In that this Agreement is anticipated to be renewed for a number of
Fiscal Years, the parties acknowledge that it is difficult to project the potential costs the Lead
Pennittee may be required to incur in future Fiscal Yeazs in order to carry out the Lead Permittee
Services.
Due to the above, the parties agree that it is in their mutual best interests to arrive at
a payment amount on an annual advance Fiscal Yeaz basis in order to more reasonably calculate the
amount that will be required to be paid by the Co-Permittee to the Lead Pennittee for the provision
of Lead Permittee Services.
6.02. Prior Fundine. The parties agree that any surplus funds previously paid by the Co-
Permitteepursuant to any prior Interlocal Agreement it has entered into with the Lead Permittee that
relates to the NPDES Permit application process, or the reapplication process for the Second Term,
shall be applied to and used for the provision of Lead Pernuttee Services by the Lead Permittee
during the 2002 Fiscal Yeaz.
6.03. 2003 Fiscal Yeaz Pavment. In addition to the funds referenced in above Section 6.02,
the parties agree that for the 2003 Fiscal Yeaz, the Co-Permittee shall also pay to the Lead Pertnittee
the sum which represents the combined payment of the Lead Permittee's Services during the 2003
Fiscal Year term of this Agreement and the Section 6.04 ten percent (10%) Reserve Fund
Contingency pursuant to the terms of this Agreement.
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• 6.04. Reserve Contingency. The parties acknowledge that each Fiscal Yeaz payment
required to bepaid bythe Co-Permittee to the Lead Permittee for the provision of the Lead Permittee
Services will include a reserve fund contingency (the "Reserve Fund Contingency") for unexpected
additional costs and expenses. The Reserve Fund Contingency amount shall be equal to ten percent
(10%) of each Fiscal Yeaz's payment amount.
6.05. Current Fundine. The parties acknowledge that the aforementioned funding will be
sufficient to satisfy the current NPDES Second Term Permit requirements for the 2002 Fiscal Yeaz
unless unexpected additional costs and expenses of the nature described in following Section 7.03
aze incurred.
6.06. Future Fundine. As to future Fiscal Year payments that will be required to be paid
by the Co-Permittee to the Lead Permittee, the parties agree that on or before March 1, 2003, the
Lead Permittee shall provide a cost estimate tothe Co-Permittee ofthe amount the Co-Permittee will
be requested to pay during the 2003 Fiscal Yeaz, with all subsequent Fiscal Yeaz estimates to be sent
on or before Mazch 1st of each following Fiscal Yeaz. The Lead Permittee and Co-Permittee shall
then have until sixty (60) days before the beginning of the next Fiscal Year to agree in writing upon
a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the
applicable Fiscal Yeaz, all of which shall be paid pursuant to Section Seven of this Agreement. If,
however, the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned
deadline, then in that event this Agreement shall be deemed terminated unless otherwise agreed to
in writing by and between the parties.
6.07. 2006 Fiscal Year. It is possible that during the 2006 Fiscal Yeaz, the Co-Permittees
and FDEP will commence to negotiate or renegotiate the terms of the NPDES Second Term Permit.
As a result, allocation of the Scope of Services that aze required to be provided hereunder may be
modified. Due to this uncertainty, the allocation of each party's duties and obligations hereunder,
together with the funding process for provision of services, will be reexamined during the 2007
Fiscal Year of this Agreement.
6.08. Sepazate Co-Permittee Expenses. Except for such amounts as aze required to be paid
by the Co-Permittee to the Lead Permittee pursuant to above Sections 6.02 through 6.07, the Co-
Permittee shall be responsible for all other costs and expenses relating to its individual duties and
obligations under the NPDES Second Term Pernut, including but not limited to: (1) all costs ofthe
Co-Permittee's preparation and submittal of such of its own individual Annual Report(s) that may
be separately required by the NPDES Second Term Permit, (2) costs of all monitoring that may be
the Co-Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, and
submitting all necessary data that may be individually required of the Co-Permittee by the NPDES
Second Term Permit, and (4) all other costs of carrying out any other individual responsibility of the
Co-Permittee according to the terms of the NPDES Second Term Permit.
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SECTION SEVEN
• PAYMENT PROCEDURE
The Co-Permittee agrees to pay its annual Fiscal Yeaz payments as follows:
7.01. 2003 Fiscal Year. The 2003 Fiscal Year payment amount specified in above Section
6.03 may, at the option of the Co-Permittee, be paid in either a single lump sum payment due and
payable on or before December 15, 2003; in twelve (12) equal monthly installments commencing
on October 1, 2003, and thereafter on the 1st day of each subsequent month of the 2003 Fiscal Yeaz
(said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments
made on December 1, 2003; Mazch 1, 2004; May 1, 2004; and September 1, 2004.
7.02. Subsequent Fiscal Yeaz Pavments. Once a subsequent Fiscal Year payment amount
has been agreed to in writing by and between the Lead Permittee and the Co-Permittee, the Co-
Permitteemay, at its option, pay the entire agreed-upon amount in either a single lump sum payment
due and payable on or before December 15 of that Fiscal Yeaz; in twelve (12) equal monthly
installments commencing on October 1 of that Fiscal Year, and thereafter on the 1st day of each
subsequent month of that Fiscal Yeaz (said payment dates being hereinafter referred to as the
"Payment Due Dates"); or quarterly payments made on December 1, March 1, May 1, and September
1 of that Fiscal Year.
7.03. Additional Costs. Since it is possible that following the parties' finalization of an
agreed upon Fiscal Yeaz payment amount, unexpected additional costs and expenses may arise which
will need to be paid in order for the Lead Pernuttee to carry out its Lead Permittee Services for that
Fiscal Year, and in order to address same, the parties agree as follows:
(i) In order to ameliorate the possibility of unexpected additional costs and
expenses resulting from the theft, loss, or destruction of equipment required for provision of the Lead
Permittee Services, the parties agree that the Lead Permittee is authorized to include as a portion of
the cost of providing its Lead Permittee Services, funding for the acquisition of loss, thefr, and
property damage insurance for said equipment.
(ii) If the Lead Petmittee determines that unexpected additional costs and
expenses must be incurred in order for it to timely provide its Lead Permittee Services, then in that
event, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and
estimated amount of the Co-Permittee's allocable shaze of these unexpected additional costs and
expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's
Reserve Fund Contingency in order to pay said the Co-Permittee's allocable share of the unfunded
and unexpected additional costs and expenses.
(iii) Further, if the Co-Permittee's allocable shaze of the unexpected additional
costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency
• account, the Lead Permittee shall include in the aforementioned notice to the Co-Permittee said
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excess amount. The Lead Permittee and Co-Permittee shall then attempt to negotiate the payment
• procedure for said unfunded and unexpected additional costs and expenses.
(iv) If the Lead Permittee and Co-Permittee aze able to agree as to the need and
amount of the unfunded and unexpected additional costs and expenses, said agreement shall be
reduced to writing and executed with the same formalities of this Agreement. The agreed upon
unfunded and unexpected additional costs and expenses shall be divided by the remaining months
of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining
regulaz Fiscal Year payments pursuant to preceding Section 7.02.
(v) If the Lead Permittee and Co-Permittee aze unable to agree as to the need
and/or amount of the unfunded and unexpected additional costs and expenses then in that event the
Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the
provision of thirty (30) days prior written notice to the Co-Pemuttee.
7.04. Failure to Pav. Unless otherwise agreed to in writing by and between the parties
hereto, if a Fiscal Year payment or agreed upon unfunded and unexpected additional costs and
expenses payment is not timely paid within thirty (30) days of a Payment Due Date, then in that
event the duties and obligations assumed by the Lead Permittee under the terms of this Agreement
may be suspended and/or terminated by the Lead Permittee, at its sole discretion, following the
provision of thirty (30) days prior written notice to the Co-Permittee unless remedied by the Co-
Permittee within said thirty (30) day notice time period.
SECTION EIGHT
OPTION TO TERMINATE
8.01. Termination. Either party to this Agreement shall have the right to terminate this
Agreement, provided, however, that the party wishing to terminate the Agreement must provide
thirty (30) days prior written notice to the other party of said terminating party's decision to
terminate this Agreement and the termination shall not be effective until said thirty (30) days have
elapsed.
8.02. Effect of Termination. In the event of termination of this Agreement by the Co-
Permittee, the Co-Permittee shall be individually responsible, as of the effective date of termination,
for all requirements of the NPDES Second Term Permit as designated therein as the individual
responsibility of the Co-Perrnittee, and neither the Lead Permittee nor any other Co-Permittee shall
be responsible for the terminating Co-Permittee's individual obligations.
8.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement
under one of the optional termination provisions ofthis Agreement, or in the event of a failure to pay
by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this
Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid
• by the Lead Permittee as of the date of its issuance or receipt of a notice of termination shall still be
• due and owing and the right to collect said amount(s) shall survive the termination of this
Agreement.
8.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into
annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the
provision of certain services required in order for the Lead Permittee to provide its Lead Permittee
Services on behalf of all Co-Permittees. In that the Co-Permittee's payments under this Agreement
represent only a portion of what the Lead Permittee will have to pay its consultants and contractors
for their services, it is unlikely that if this Agreement is terminated for any reason, that the Co-
Permittee will be entitled to receive a refund from the Lead Permittee for any monies the Co-
Permittee has previously paid pursuant to this Agreement. However, to the extent the Lead
Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors
as a result of the termination of this Agreement, then in that event, the Lead Permittee shall be
obligated to reimburse the Co-Permittee for the amount of such a reduction in costs and expenses.
8.06. Documentation and Data. In the event this Agreement is cancelled or terminated, all
documentation and data previously collected by the Lead Permittee in accordance with its duties and
obligations as assumed herein, shall be made available tothe Co-Permittee, provided, however, that
said Co-Permittee shall be responsible for any costs incurred in making available such
documentation.
SECTION NINE
ENFORCEMENT. VIOLATIONS. AND/OR DEFAULT
9.01. Enforcement. The designation of one of the parties under this Agreement as the Lead
Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead
Permittee to accept or assume any powers of enforcement of the NPDES Second Term Permit as to
the other party.
9.02. Violations. Neither party to this Agreement shall be deemed to have assumed any
liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any
of the provisions of this Agreement be construed as a waiver by either party of the liability limits
established in Section 768.28, Florida Statutes. -
9.03. Costs and Attornev's Fees. In the event of any litigation or administrative proceeding
to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other
party its costs and expenses, including reasonable attorney's fees, which shall include but not be
limited to any fees and costs for any appeal that may be taken.
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SECTION TEN
MISCELLANEOUS PROVISIONS
10.01. Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex, facsimile, telegraphic, or
electronic mail (e-mail) communication) and shall be (as elected by the person giving such notice)
hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or
mailed by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
As to Lead Permittee: Caldwell & Pacetti, LLP
324 Royal Palm Way, Suite 300
Palm Beach, Florida 33480
Attn: Betsy S. Burden, Esq.
Phone: (561) 655-0620
Fax: (561)655-3775
As to the Co-Permittee:
Village of North Palm Beach
(name)
645 Prosperity Farms Road
Street Address
North Palm Ra~rh FI R3Cf1R
City Zip
Attn: Kristine Frazell,
Phone: (561)691-3440
Fax (561)626-5869
Dir. of Public Services
10.02. Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
10.03. Construction. The prepazation of this Agreement is considered a joint effort of the
parties and accordingly this Agreement shall not be construed more severely against one of the
parties than the other.
10.04. Discrimination. The Lead Permitteeandthe Co-Permittee agree that no person shall
on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or
sexual orientation be excluded from the benefits of or be subjected to any form of discrimination
under any activity carried out by the performance of this Agreement.
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10.05. Binding Effect. All of the terms and provisions of this Agreement, whether so
• expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and
their respective legal representatives, successors, and permitted assigns.
10.06. Assi nability. The responsibility for carrying out any task assumed by any party to
this Agreement, but not the obligation to pay the amounts required to be paid as hereinabove set
forth, may be assigned by any party to this Agreement upon receipt of written approval by the other
party, which shall not be unreasonably withheld.
10.07. Severabilitv. If any part of this Agreement is contrary to, prohibited by or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted
to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated
thereby and shall be given full force and effect so faz as possible, unless the prohibited or invalid
provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may
be thereupon terminated by the Lead Permittee.
10.08. Govemin¢ Law and Venue. This Agreement and all transactions contemplated by
this Agreement shall be governed by, and construed and enforced in accordance with, the internal
laws of the State of Florida without regazd to any contrary conflicts of laws principle. Venue of all
proceedings in connection herewith shall be exclusively in Palm Beach County, Florida, and each
party hereby waives whatever their respective rights may have been in the selection of venue.
10.09. Time of the Essence. Time is of the essence with respect to this Agreement.
10.10. Headines. The headings contained in this Agreement are for convenience of reference
only, and shall not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.
10.11. Remedies. The failure of any party to insist on a strict performance of any of the
terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may
have regarding that specific instance only, and shall not be deemed a waiver of any subsequent
breach or default in any terms and conditions.
10.12. NPDES Second Term Permit. If there is any inconsistency between the terms of this
Agreement and the NPDES Second Term Permit, then the NPDES Second Term Permit shall
preempt, supersede, and control over the provisions of this Agreement.
10.13. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument.
10.14. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
• in and for Palm Beach County, Florida.
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10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
• 10.16. TerminationofPriorAereements. All previousinterlocalaereementsorantendments
thereto entered into between the parties to this Agreement regarding the application or execution of
the NPDES Permit shall terminate as of the Effective Date of this Agreement.
IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereinafter written.
EXECUTED by Lead Permittee this
ATTEST:
By:
Secretat
(SEAL)
~~ day of~ .2003.
BOARD OF SUPERVISORS, NORTHERi~; PALM
BEACH COUNTY IMPROVEMENT DISTRICT
r~
Pamela M. Rauch. President
EXECUTED by Co-Permittee this 10th
A.°YROVED AS TO FORM AND
LEGAL STiFIiCIENCY
By:
U--.41dBSB W ORTF~RN~eymssbymr. SccondTCrm.wpd
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riav nF APRiL inn;
• ATTACHMENT"A"
TO
NPDES INTERLOCAL AGREEMENT
REGARDING SECOND TERM PERMIT
LEAD PERMITTEE RESPONSIBILITIES
The responsibilities of the Lead Permittee as to the implementation and execution of the
NPDES Second Term Permit is generally as follows:
(i) The timely prepazation, coordination, and submittal to FDEP of the system-wide
annual report.
(ii) The prepazation, coordination, and execution of interlocal agreements necessary to
carry out the joint responsibilities of all permittees.
(iii) The timely prepazation, coordination and execution of any monitoring required by
Part V.B. of the NPDES Second Term Permit.
(iv) The timely prepazation, coordination, and submittal to FDEP of major watershed
pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit.
(v) The preparation, coordination, and distribution of standardized forms as approved by
the NPDES Steering Committee as necessary to carry out the terms of the NPDES
Second Term Permit.
(vi) Coordination and assistance in carrying out the terms of the NPDES Second Term
Permit.
(vii) Conducting NPDES Steering Committee Workshops and meetings.
(viii) The timely remittance of all necessary and reasonable permit fees, subject to the
timely and adequate collection of same by all other responsible Co-Permittees.
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AT_TACFMENT "B"
RESOLUTION OF THE BOARD OF SUI'ERVI$OkS OF
i~tURTHEPuY PP.LiY! BEACH COU,I'T`l PirL°ROVEI~LE!`t-I' DISTFICT -
APPROVING THF. IYPDES STEERLYG COtl21`iIITTEE ADt`rIIIYISTRATIVE
GUIDELri`iES FOR COLLECTION, itiL1NAGEiYlENT Ai^rD DISBTJRSEi4,~~'iVZ'
OF.NPDES TYTERLOCAL AGREE1vLENT FWi DS .
ti4?iEREAS, NO!'iT:~P.I~i PAL14i BEP:CH ('OLIP("T.-Y~:IIi •1FR04~14IENf- DISTRICT
-- f"?lor~.hem") is an independent s'pecia! diss•;ct duly orga[lizeci znd validly existrn; +mder the
Consandon and the Laws of the Mate of Ftc[iaa, includi g app!icaoie p*o'~sions of C'nap'er 29$,
- Florida Statutes, and Chapter 59-994, Lavrs of Florir.~,'as amend=d and(ar supptemenred; ar_d
WIiEt~c_AS, the United States Eavironment•E ?retectnr_ Agency. has recently-issued its
:•iatiora! PeIlurant Dischaz2e Elimination System Permit i`(o. FLS00~013 (the "NPDES Fermit'~
which u appiica5le.to a number ~f governmental eat?des lacated in Pa3 Beach County, includiig
Nor<hern;~d
`;v'r1R=AS, ~'~~ Co-F:rmirees war na~ke un [ye governcaentzl bodies sub;yt to tfe l~CPDES
Permit'~ave nr:minaGed 2nd appointed t~±or•:he;ti ~ the'`Lead ; e:.-littee" for the ou roses of assi:;dn~
ail Ca-Permittees ir! thecoLection of generzl~ data req'_i-ed to be collected pw-s'.lant to the NFDES
Petrel= and submissica of reports to the ?clorida Denartrnent of Environmental trotection and the
United Stites Environmental Protection Ageac/; anus:
W,~REAS, as the Lead Fe[tnittee, idoru`:ern is enter~.ng in[o separate Interloc2l or Joint _.
anticipation Agreements with each of the Co-Pe:-nicees which Areements set forth the parties
reseectve duties and obligations regardi;:,g fulfillment of the te*trs and coaditiens of she NPDES
Pettnit; and .
rr/:-CREAS; a five member iv'?DE5 SEeeriag Commi~ze his been sele~~ed by the: Co-
F.°.:,tittees, w~ch Steering Commi^.e~ is co~prsed of two (2) represer_tativas of !az~e
m•.tnicipali[ies, two (2) representatives ofsmaller municipalities, one (l}representative of special
districts and one (1) representative for Palm Reach Counrf; and
• WI~EREr~S; on September 17, 1997 the NPDE5 Steering Committee, in order to provide a
level of acccuarability and 6sca! cen=t! far she he:.efit cf a!i `IDES Co-Pet;nittees as it relates to
the In[etlocai and/or Joint Pardciparon A~eetnenu being ent_red. into oecvreen No*.thetn and each
Co-Permittee, adopied AdminisIIative Guidelines for ;he collection, man~ement and dubursemenE
of NPDES Interlocal Aa Bement Funds, a true and co~ect copy of which is attached hereto and
identified as Exhibit "A" (the "NPDES Steering Committee Administrative Guidelines'; and
\'
• W'riEREAS, Northern has been requested to adopt and. comply with the aforementioned
Iti'PDES Steeruig Cornnittee AdminisQative:Guidelines for purposes of administering the funds to
be paid to it pursuant to each h'PDES Interlocal or Joint Participation A,eemert.
NOW, T?fEREFORE, be it resolved by the Board of Supervisors of Northern Palm Beach
County Improvement District as follows: .
l . Northern Palm Beach Coiuxry Lmprovemeat Dis*rict.does hereby adopt and a~ee to
comply urith 4`te terms and conditions of the NPDrS Steering Committee Admiri~ ative Guidelines.
2. T'nat Northern Palm Ee~sch County improvement District dces Hereby incorporate by
reference t.':e NFDES Steering Commir•.ee Adn,inistmtive Gudeli~es into ea:,h NPDES Interlocai _ .,. -
aad/crJoint Participation Agreement tit it esters:mtc with a,Co-Permittee:
3. A'". resalu:;ons cr parts cf resolnuors lit cot:fl.et herewith are hereby repealed-
4. This resolution shall Yak:: e*fect immediately upon iES adoption-
TFIIS P..ESOLU I'JiJ tASSED P`FD `NAS ADOP i ED TIC "L4th D?:Y OF SEPTF.~VIDER,
1997.
(DISTRCT SEAL; - riOT~TI?.EFLN PALM Ar.ACH COL~•d'^i
I~I"rIZO`,/E~i'I:' DISTP.IC"C
/~q , ~~ ,/6~.
=`~ ' ' ~~ William L. Kerslake, President
Peter L. Pimentel, Secretary.
•
u:~NOar~RrnnESOUrrrreoes.wao
2
n
U
NYllIGS STDERI~iG COiv,'1•IIT.Trk: ATiI~IINISTRATIVE GLRDEI:Ii`+"rS
FOP. C4LL-ECTION, i`L~NAGEtVIENT Atti'D DISEUFcSEivIE`~ i
OF vPDES INTERLOCAL AGREEb~NT FUtYD:i
TLe NPDES Steenn; Comsittee, (which is comprised: of two (Zj representatives of large
municipalities, twa (Z~ ceoresentatives of stnallermunicipalities, one (l) representative cfspecial -
disti.c~ and -one (1) representative for Palm Beach County), has adopted the following
adaninis~ative gu.ideiines in order to provide a level of accountability and fiscal control for the - .
benefit of the tine DES Co-Pet-mittees. -
The adrnir_s~iive'gude!ines adopted by ~e Steering Coretniree are 3r foklews~. -
1. ~.t•°_T.2(i"ie ~ePnES IflCetlCC?._A~_.eeriieyj. a`/T7'te t heduie<..L*-. add'tlJn tO. the t':v 7. .
r 2) payment options set fort:? in Para?_raph's 7.01 and 7.02 cf dte I~PDES leter!ocal Agreement, a
Co-: ermittee shall also be entitled to elect to pay the annual Fiscal `!ear payments on an equal
quarerly installment basis. if ibis additional payra.ent nptior. is selected by a Co-Permittee, the
quatterlyy payments far 4`e First Fiscal `fear are required to be paid on or before October 1, 19°7,
Jasiary 1, 1978, April 1. [998 and July 1, 1998, w~,kt all fistttre Fiscal Year quarterly payments.tc
be pad in acco-dance witi~ thz same qu2rterly payment scaedule_
Cv~il,~ID ~V!il 62 !SS::In~ one (1) L1V0 ~. CO each Co-P~~i=C:_° ioC [tS aILiIUt?i I'l~Ca.l.
' ~ : ea: payiuent a.T.o'a:lC; foli()W1rlg '~'/h1C 17 t`~ CO-PerII'1:ICe shah then have t.~'~'C/.(.5O) daYS fCOm Ctle
date of rzceip*. of ~7e ul'/Dice t~7tn:r. which [o select one bt Ine rllee ( j payme<.t cpi:On_° zad LO m?~:°
iL L._ttai paysent iII 3000rdanCe '.`/lt~l the cgtion so s~!ected. .
2. come and Disbursement ~.ccount~s D~curnentatian.
(A) A quarterly income and disbursement report sha11 be prepared by NPBCID.
The report shall be delivered to the Steering Comnuttee within forty-five (4~) days following the end ._
of each Fiscal Year -quarter and thereafter dist*ibuted by the Steeri, ; Comrnittee to the"
representative(sj cf eacc Co-P_t~rdaAa ar identiEed ir. the i`IPDES Interioc3i A~•eements..
iB) -The quarterly incarne and disbtusemeat report snail be prepared by NPBCID
in auordance with the fomat set forth in a~:ached E:c~ibit "A".
•
$ud~et Accountin? Documentation.
(?.) A quarterly hadset ac~oure.^.g repot ~hsll be eret:ared by NPBCID she
report shall be delivered to the Steering Cottuniaee within forty-live (4~) Clayi Co110w1Ilo t.4e end cf
• eaeh Fiscal Year gunner and iherea'.?er distributed by the Steering %ommi?ee to the regresentative(sj : .
of each Co-Perrrtittee as idertifed in the h^rDES interloca:i Ag;e°meats.
(T31 i ne budget accounting repoR shall be prepared by l~iP$CiD in accordance
with the format set for ~h in attached Exhibit "B". '
4, Reserve Fund Contingencv Ex erp ~dituL Prior to nay expenditure b;~ NPBCID cf
funds contained in the Reserve Fund Coatingeizcy account identified in the Vi DES Irter!ocal
Agreement, I~^t $CL shall be required to submit i+s requea't to the Steering ConLmittu members and
receive approval from asuper-majodry of at least 7540 0` the Steering Cotrvnittee. members.
5. t I^~xpected ,~dditiona! Cats and Ext;ense . Prior tc NPBCID inC'urriug an
oblibation that vr111 require a Co-Pe~,ittee to pay. unexpected additional costs and expenses.
exceeding the amount held in the Reserve Fund Contingency, tdP$CID shall be required io submit
to uhe Steering Committee the nature of the event and the amo~n;t of the ;tnexpected additiooal cost_
and expense. ??pcr~ receip*. of such. netuicatign; the Steering~Corv-nittee shall ;resent the marten to
ire Co-F'enrtittees at the neat regularly scheduled Steering ComLittee N`P?,ES .c:eet~ng (unless it is
an emergency rzner u: ,.vhich evert a special meeting will be promptly scheduled and notice given
to all Co-Permittees) fen considera_tioa and vote by these representatives of rile Cc-Persittees
gresert at tre meeting. An afsirmative vote by a simple majority ~i.e., over telly percent) ofthose
representatives of roe Co-Permittees present at the meeting (with orJ.y oee (1) representative of each
Co••Permittee being erttted to vote on the matter at issue) will be required before N~$CID, is
aullor;.zed to incur the subjec*. unexpected additiona! cost and ~ ~:penses.
6, ~1~GESInterlgeai£~arPe~ne~LtB~~dg?:~do ti , F~e~- Ailfut~.rei•IFDc:SInterloczl
Agr_ement ^ is:,a! Yer'eudgeis shall be adopted in. accordance W'ItFi Ltd iULO W'LRg UNCedL•rC:
(,y) Qn or before itilarcn 1st e`. each Fiscal Yea.:; NP$CID shall orepaze and..
present to the Steering Ccrnmittee a preposed:oudget for the nex? Fiscal Year.
' " (E3)' ~ :Ihe Steering Committee shall consider the rropcsed r_ext F isgal Year budget
at a regulaz Steering Committee meeting and open the matter to discussion by those Co-Permittee
regresentatives present and attending the muting.
(C; ' Adoption of the next Fiscal Year's budget shall require the approval of a
super-majority of at least i ~'/o of the Steer_ng Committee .^•:embea.
(D) As a part of the Steering Cornraittee's ccrsideration of the next Fisczi `i ear's
budget and calculation of each Co-Permittee's-aliocabie shaze and resporsibiliry~ for the funding of
the budget; the Steering Committee may consider the application of any existing su~hrs fiLnds as a
credit towards zach Co-Perrpittee's allocable funding shaze. "Surplus fs*',ds" for +he purpose of
,~
• this administrative guideline may include ~u!expended_ and virencumbered present.Fiscal'~eaz funds
or Reserve Fund Contingency amounts, pbu accnied.interest thereon, if any.
(E) The Steering Comn^.ittee sliall also be responsibie for approving, by a simple
majority of those Steering Committee members in attendance (provided there is a quorum) a; a
Steering Committee meeting, tine item budget transfers.- ;
APPROVED P.ND ADOPTED .°rIiS 17TH AAY OF S?;PTEMBER, 1997.
u:woxr~r~onrrsrmeFSS~exnao.ror
•
,.
.~
EXFllls!'I' "A"
NPDCS QUA1Yt1'sP.LY INCUiv1T;:1ND D3513L'R5isM1;NT Itl';PORT
FIRST YCAR PilOGi2AN3
rOR I'[;I:IOD MAY Z, 7797 -AUGUST 1, 1997
i (5AA1P~Ls;
REVENUE kECEIVEI~ FO[; QUAI;T[:t< MA'C 2, 1997 - AUCIIST 1, 1997 $
AGREEMENT FEE5 , ~
INTEitEST eARPJ[N~,S
'l~;~T~1 Cfl~l3A_L~i'?_?MY~,IT:~:1'~Y 1~QT_s?~FC?i3~i~~'I2L1:11~?~ ~-~_
E)CPcNDttURES PAID DURING (jUAt<I'rR Iv1AY'l, !y97 - AUC~(1ST I, 1997
E*IGlt~i?.ER[~ J^v ~
LEG /'•. L ~
MISC. E;:PENSES -
TOTAL LX?EdJD i'1=U13.~~ ~ ~ . ~ ------ ~ -
_,
Y'U ' BALAI~Lk~J~-~L\1.~~!_liIJ..9i
RESERVE': TOR CONTINGINC[E:;
-s3NRI.tS ~ Ii ~ n~~
np 97134.017057jrokm.ili
. ~~ '
pug. ~
~_
' ~ •
y/l I/<
LX.F(IUl'].,,11.,
N1'liT~5 Q.UnItCGR:.1' 13U:JGl~r -iV5 - ACTUr\L.11Li'Oll'I'
; r(;i5'C YT,1,ft 1r1tOG1[nlvt
POfi Pl.'sRIGD rrtAY 7, 19"7 - nl)GUS'l' 1, 1997
(Sf+1r4Pfls )
------ -
-c- ----~-------1---------- - 1'I.IiC~'.hl f'
I ~---.--- ! J srt rrr• ~
•- ,U~. ilUDtiST ~ ACl'tiAI.OILI,(NG5'rFiR.0Uli11 8l 1197 CNCUMIIriRh }
DCS~Rr, rlON .-.- _ _ _L___---
!s4.li _CbM _ C k I' NPncllS _ ~ro~~nt, _
~Slci:ring Cumnrilicc Viorkslrol%s _ SSd,79U.C0 -_-_ __ ~ ~ ---_--
~Sul;Con+niittceWcrkbhv(rs S9,Id5.00 -~_---~---_~ __----_------~---J `---- l
'- l 7 _ _ _ _ -- ------~- -"+
Ci'A CoelJinauvn _ $-.9 S.UO _~ f --- . -----
Prrniillcc Cou_rJinnlion F't2,250.00 _ 4
Ir.le.rloeal f\Erecrnr.nls S1i,AU0.f%0 u _t_--~-~- ----- - - - y;g5.100.tH1 '~ _
Monitorm T'tn_rnnr n53,b50.G~ _ _~_.. _~ ._.-- -_---- __..-.~ -
_---~L~-----._. -~.--..~_ ....-~~--.----. _-_.-___-
r~nrurn! tic Inrl 51,}90_U0 ---_---
-----~ -- -- -- --- ---~------~ ---- -- ----- - 6 A 3, 100.00 --
_.. _ - ---------- ----. -----r ----L---. _
-- - •
M'i2 =Mock. Reas 8:. Associates, inc.
CCM = Ca!np, Dresscr & McKcc
C & I' - Cr.lchvcll & Pacclli
NI'DCID ~ No'thcrn Palos JJcncll County irnlrrorcrncn: IJis!ricl
Jocs net s:,Cicct encumbered dnllars
~ rr~e I gn 1797
hplrenpd r97 LO nUlCl r103 bnwlm.~lr~ -
;• •