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1993-029 Interlocal Agreement for Joint Storm Water Monitoring System~. RESOLUTION N0.29-93 RESOLUTION OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND THE VILLAGE CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, ATTACHED AS EXHIBIT "A", FOR THE PURPOSE OF OPERATING A JOINT STORM WATER MONITORING SYSTEM AS REQUIRED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States Federal Government has determined that. water quality problem in urbanized watersheds are a mayor environmental concern nationwide: and WHEREAS, the Federal Water Quality Act of 1987 amended the Federal Clean Water Act with said amendment requiring the United State Environmental Protection Agency (EPA) to develop regulations to implement the National Pollutant Discharge Elimination System (NPDES) permit program to address stormwater discharges to waters of the United States: and WHEREAS, the EPA, in November 1990, published the final regulations for implementation of the aforementioned NPDES permit program, and WHEREAS, said NPDES regulations mandate that the County of Palm Beach and all agencies contained therein obtain and comply with stormwater discharge permits; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part 1, of Florida Statutes to enter into Interlocal Agreements, BE IT RESOLVED BY THE VILLAGE .COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the Interlocal Agreement with the Northern Palm Beach County Water Control District attached as Exhibit "A'. Section 2. The Mayor and the Village Clerk are hereby authorized and directed to execute the Interlocal Agreement with the Northern Palm Beach Water Control District set Forth in Exhibit "A" for and on behalf of the Village of North Palm Beach, Florida. Section 3. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 8th DAY OF JU)y 1993 1 , ~.o MAYOR A ST: ~ J ~ ~~V Village Clerk npdes93.res EXHIBIT A INTERLOCAL AGREEMENT FOR WATER QUALITY MONITORING REQUIRED UNDER THE EPA ' MUNICIPAL SEPARATE 6TORM SEWER SYSTEM NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT This Agreement shall be effective as of the ~~ day of 1993, and is being entered into by and between NOR ERN ALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as the "DISTRICT") and VILLAGE OF NORTH PALM BEACH, 501 U.6. Highway One, North Palm Seach, FL 33408-4906, (hereinafter referred to as the "PERMITTEE"). I3ITI3E&s4'F~'13~ ' WHEREAS, the parties to this agreement, have previously entered into two Interlocal Agreements for the preparation and submission of an application to the Environmental Protection Agency (hereinafter referred to as "EPA") for a National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") permit, and WHEREAS, the NPDES permit if issued to the PERMITTEE will be for a period of five years, during which time the PERMITTEE will be required to implement a five year monitoring program for water quality sampling and submit annual reports to EPA; and WHEREAS, there are approximately forty governmental entities operating within Palm Beach County, Florida who have, been ,required to apply for an NPDES permit and upon their receipt of said ' permit, will also be required to implement a five-year monitoring program for water quality sampling and the submission of annual reports to EPA; and ' WHEREAS, the parties to this Agreement, and all other govern- mental entities located within Palm Beach County, Florida who are required to apply for and receive an NPDES permit, have determined that it is in their best interests to pool their efforts in order to provide an efficient and cost saving mechanism for initiating and complying with the EPA's five-year monitoring and report programs; and WHEREAS, the DISTRICT will be entering into agreements similar to this Agreement with most if not all of the other governmental entities located within Palm Beach County, Florida who are required to obtain an NPDES permit from the EPA; and WHEREAS, the parties are authorized pursuant to the laws of Florida to enter into this Interlocal Agreement for the purposes ' set forth herein. NOW, THEREFORE, the undersigned parties, for and in consider- ation 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. The recitals as set forth hereinabove are considered true and correct and are incorporated herein by this reference. SECTION TWO SCOPE OF WORK 2.01. The DISTRICT does hereby agree to provide the follow- ing services on behalf of the PERMITTEE: -2- (A) The implementation and supervision of the ' five-year water monitoring program required by Saction 5.4 of the PERMITTEE'S General MS4 Part 2 NPDES Permit Application. (B) The implementation of a program to coordinate with all other governmental entities located within Palm Beach County, Florida that are subject to the NPDES permit water monitoring requirements, the preparation and submission of reports to the EPA. (C) Preparation and submission of the Annual Water Quality Monitoring Report required to be submitted to EPA by the PERMITTEE. (D) Analyzing the water quality sampling data derived from the Water Quality Monitoring program in order to generate an estimate of the seasonal event mean concentrations of selective pollutants in discharges resulting from representative storm events and land uses. SECTION THREE TERM OF THE AGR .Fn~tFrum 3.01. This Agreement shall be effective as of the date of its execution by all parties hereto and shall continue in full force and effect on an annual Funding Year (as hereinafter defined) renewal basis unless terminated in accordance with the provisions of this Agreement. 3.02. The term "Funding Year" shall be defined for the purposes of this Agreement as the following fiscal year periods, namely: -3- ' (A) Interim Funding Year - from the date of execution of this Agreement through September 30, 1993. (8) First Funding Year - from October 1, 1993 through September 30, 1994. (C) Second Funding Year - from October 1, 1994 through September 30, 1995. (D) Third Funding Year - from October 1, 1995 through September 30, 1996. (E) Fourth Funding Year - from October 1, 1996 through September 30, 1997. (F) Fifth Funding Year - from October 1, 1997 through September 30, 1998. 3.03. This Agreement shall be automatically renewed on an annual basis for each of the above-defined Funding Years, unless a ' party to this Agreement should provide written notice of non-renewal to the other party at least sixty (60) days prior to the end of a Funding Year. SECTION FOUR TERMINATION PROVTSTONS 4.01. The DISTRICT, in order to carry out the duties and obligations it has assumed herein, will be required to enter into contractual arrangements with third parties for the provision of certain services and in that the PERMITTEE is dependent upon the DISTRICT to carry out the duties and responsibilities the DISTRICT has assumed herein, neither party to this Agreement may terminate the Agreement during any Fundinq Year except for the following ' enumerated reasons and pursuant to the provisions of paragraph 4.02, namely: -4 - (A) The failure by the PERMITTEE to pay in accordance ' with the provisions of Sections Five and Six of this Agreement. (B) The failure by the DISTRICT, after receiving written notification by the PERMITTEE identifying any alleged default by the DISTRICT of its obligations under the terms of this Agreement, to correct said alleged default within thirty (30) days of receipt of the PERMITTEE'S notice. (C) The PERMZTTEE'S being released from the obliga- tion under its NPDES permit to provide a Water Quality Monitoring program. 4.02. A party authorized to terminate this Agreement for one of the above enumerated reasons, must provide thirty (30) days prior written notice to the other party of said terminating party's decision to terminate. Once the notice is issued, the termination shall not be effective until said thirty (30) day time period has elapsed. 9.03. if this Agreement is not renewed at the end of any Funding Year or is terminated in accordance with one of the above enumerated reasons, all documentation and data previously collected by the DISTRICT in carrying out the duties and responsi- bilities it has assumed herein, shall be made available to the PERMITTEE, provided, however, the originals of said documentation and data shall be retained by the DISTRICT. The PERMITTEE shall be authorized to duplicate or copy all of said documentation and data provided that the cost of same shall be borne by the ' PERMITTEE. -5- SECTION FIVE ' FUNDING ANn PAYM NT PROCEDURE 5.01. In that this Agreement is anticipated to be renewed for a number of Funding Years, it is difficult to project the potential costs the DISTRICT may incur in future Funding Years for carrying out the duties, obligation and responsibilities assumed herein by it. Due to the above, the parties agree that it is in their best interest to arrive at a payment amount on an annual Funding Year basis in order to more reasonably calculate the amount that will be required to be paid by the PERMITTEE to the DISTRICT. 5.02. In accordance with the above, the parties agree as ' follows: (A) For the Interim Funding Year, the PERMITTEE shall pay to the DISTRICT the sum of $1,800.00, with said sum to be paid pursuant to Section 6 of this Agreement. (B) For the First Funding Year, the PERMITTEE shall pay to the DISTRICT the sum of $3,600.00, with said sum to be paid pursuant to Section 6 of this Agreement. 5.03. As for payments that will be required to be paid by the PERMITTEE to the DISTRICT for the Second through the Fifth calendar years, the parties agree that the DISTRICT shall provide a cost estimate to the PERMITTEE of the PERMITTEE'S next Funding Year's estimated payment amount, with the cost estimate for the ' Second Funding Year to be issued on or before March 1, 1994 and on or before March 1st of each year thereafter for the subsequent -6- ' Funding Years. Following which and prior to sixty (60) days before the beginning of the nett Funding Year, the DISTRICT and PERMITTEE shall agree in writing upon a mutually acceptable dollar amount to be paid by the PERMITTEE to the DISTRICT for the subsequent Funding Year, all of which shall be paid pursuant to Section Six 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. SECTION SIX PAYMENT PROCEDURE 6.01. The DISTRICT during each Funding Year shall submit a ' monthly invoice to the PERMITTEE for such costs and expenses as are obligated to be paid or have been incurred by the DISTRICT in carrying out the duties and responsibilities the DISTRICT has assumed under the terms of this Agreement. 6.02. The initial monthly invoice for the Interim Funding Year shall be mailed by the DISTRICT to the PERMITTEE on or about the 15th day of August following the execution of this Agreement, with all future monthly invoices to be mailed on or about the 15th day of each month thereafter throughout the term of this Agree- ment, including renewals, if any. 6.03. The PERMITTEE shall promptly process the DISTRICT'S invoice and pay same within thirty (30) days from the date of the ' invoice. -7- ' 6.09. Unless otherwise agreed to in writing by and between the parties, if a monthly invoice is not paid in full within thirty (30) days of its due date, then in that event the duties and responsibilities assumed by the DISTRICT under the terms of this Agreement may, following five (5) days written notice to the PERMITTEE, be suspended and/or terminated by the DISTRICT at its sole discretion. 6.05. The parties to this Agreement have previously entered into an agreement for the preparation and submission of Part 2 of the NPDES permit application and under the terms of said previous agreement, the PERMITTEE may be entitled to a refund to the extent that there are surplus funds held by the DISTRICT at the time of conclusion of Part 2 of the NPDES permit application process. Based upon the above and to the extent that the PERMITTEE is entitled to such a refund, the parties agree that the DISTRICT is hereby authorized to apply any such refund that would otherwise be returned to the PERMITTEE (said surplus to be deter- mined in accordance with the terms of the Part 2 NPDES Interlocal Agreement) in full or partial payment, as the case may be, of such amount(s) that will be invoiced to the PERMITTEE by the DISTRICT under the terms of this Agreement and such refund, when so credited, shall be reflected on the PERMITTEE'S monthly invoice. SECTION SEVEN SURPLUS FUNDS 7.01. if, following either a non-renewal of this Agreement or termination of this Agreement, there should remain any surplus monies that were previously paid by the PERMITTEE under the terms -$- of this Agreement to ' paid to the PERMITTE PERMITTEE'S payment services rendered that this Agreement. the DISTRICT, said surplus funds shall be E within thirty (30) days following the :o the DISTRICT of the last invoice for are required to be paid in accordance with SECTION EIGHT 8.01. All notice tions required or pe writing (including te: and shall be (as ele< delivered by prepaid service, telecommunica registered or certifi requested, to the folly As to DISTRICT: With a Copy to: s, requests, consents and other communica- rmitted under this Agreement shall be in ex, facsimile or telegraphic communication) ted by the person giving such notice) hand express overnight courier or messenger :ed, or mailed (airmail if international) by :d mail (postage prepaid), return receipt wing addresses: NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT 357 Hiatt Drive Palm Beach Gardens, FL 33918 Attn: Peter L. Pimentel Executive Director Phone (407) 629-7830 Fax (407) 624-7839 Kenneth W. Edwards, Esq. Caldwell & Pacetti 329 Royal Palm Way Third Floor Palm Beach, FL 33980 Phone (407) 655-0620 Fax (907) 655-3775 -9- As to PERMITTEE: Village of North Palm Beach, Florida ' 501 U.S. Hwy. ql North Palm Beach, FL 33408 ATTENTION: Dennis Kelly Phone (407) 848-3476 Fax. (407) 881-7469 With a Copy to: George Baldwin 330 North federal Highway Lake Park, FL 33403 Phone (407) 845-1700 Fax (407) 842-1548 8.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 8.03 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. 8.09 Assignability. 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. 8.05. Severability. 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 far as possible. -10- ' 8.06. Governing 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 regard to any contrary conflict of law's 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. 8.07. Time of the Essence. Time is of the essence with respect to this Agreement. 8.08. Headings. 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. 8.09. Right of 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 right of 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. 8.10. 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 of the same instru- ment. .-~ ,J -11- 1 IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. EXECUTED BY DISTRICT this CEO' _ day of 1993. ATTEST: /! ~-) ~ / %/ ~ / ~~ By:. ~~~'! ~~i2~z~ Peter L. Pimentel Secretary BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT r By: William L. Kerslake President (SEAL) 1 EXECUTED BY PERMITTEE this 12th day of July , 1993. ATTEST: VILLAGE OF NORTH PALM BEACH Village Clerk (SEAL) V. A. Marks, h1. D. (print name) Ma.yor (official position) 1 APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 6302E 6/08/93 -12-