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HomeMy WebLinkAboutResolution_32-02/03_04/10/2003• RESOLUTION NO. 32-02/03 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) SECOND TERM PERMIT INTERLOCAL AGREEMENT BETWEEN THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND THE VILLAGE OF TEQUESTA. U NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1: The NPDES Second Term Permit Interlocal Agreement between Northern Palm Beach County Improvement District and the Village of Tequesta is attached hereto as "Exhibit A," is hereby approved. THE FOREGOING RESOLUTION Geraldine A. Genco who moved its Councilmember von Frank follows: FOR ADOPTION WAS OFFERED BY Councilmember adoption. The motion was seconded by and upon being put to vote, the vote was as AGAINST ADOPTION Edward D. Resnik RtissPl l .7 _ unn Frank Geraldine A. Genco Pat Watkins The Mayor thereupon declared Resolution No. 32-02/03 duly passed and adopted this 10~` of April, 2003. N".~r ~" pelfo4at'~ ~ S~ • q~q A ~V f , .+~~ Mayor j ATTEST: ~\ i Village Cle k • NPDES SECOND TERM PERMIT INTERLOCAL AGREEMENT -~~ ~;` , This Agreement shall be effective as of the~i day of ~ i- ~ _ ~~ , 2003 ("the Effective Date"), and is being entered into by and between NORTHERN P M BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as "the Lead Permittee"), and ~ p (~~,1,f!Q~,c, [y~ ~~uee-}z~- (hereinafter referred to as the "Co-Permittee"). ~~ WITNESSETH: ~~ ,:., WHEREAS, the United States Environmental Protection Agency (hereinafter referred.to as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 (hereinafter referred to as the "NPDES Permit") to governmental entities designated as the Palm Beach County-Municipal Separate Storm.-Sewer System Permittees (hereinafter referred to as "the Permittees"); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to this permit to the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and fees to effect the legislative intent that FDEP's costs for administering the NPDES Program be borne by regulated parties; and WHEREAS, the Permittees timely filed a re-application to FDEP to be granted a renewal for the second term of the NPDES Permit (hereinafter referred to as "the NPDES Second Term Permit''); and WHEREAS, on November 18, 2002, FDEP granted said Second Term Permit with certain conditions enumerated therein; and WHEREAS, the NPDES Second Term Permit, like the NPDES Permit, contains certain separate obligations and responsibilities on the part of each individual Permittee, as well as some obligations and responsibilities that may be performed jointly by all of the Group Permittees; and WHEREAS, due to the number of Group Permittees and the tasks that must be performed under the NPDES Second Term Permit, it would be most economically and administratively feasible to allocate duties, responsibilities, and costs associated therewith under the terms of this Agreement; and • WHEREAS, the Permittees have established a 6-member Steering Committee comprised of 2 representatives of large 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 are 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 Subparagraph (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 are 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 ~' o~ ~e ~- is hereby designated as a Co-Permittee for the urposes of this Agreement and the NPDES Second Term Permit. 2 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 of November 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 of the 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 Year (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 year 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 1, 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 Year, and at the beginning of the Fiscal Year commencing immediately after the conclusion of the 2007 Fiscal Year, 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 Year, or unless the Agreement has been previously terminated as provided herein. • SECTION FIVE SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 5.01. Scope of Work The Scope of Work contemplated under this Agreement 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 preparation, 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 preparation, 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 preparation, 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 atg ions (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Attachment "A" which is attached hereto and incorporated herein (the "Lead Permittee Services"). L~ 4 • (ii) The Co-Permittee shall be responsible for such other duties and obligations as are 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 are 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 Permittee may be required to incur in future Fiscal Years 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 Year basis in order to more reasonably calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services. 6.02. Prior Funding. 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 Permittee Services by the Lead Permittee during the 2002 Fiscal Year. 6.03. 2003 Fiscal Year Payment. In addition to the funds referenced in above Section 6.02, the parties agree that for the 2003 Fiscal Year, the Co-Permittee shall also pay to the Lead Permittee 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. • 5 • 6.04. Reserve Contin~ency. The parties acknowledge that each Fiscal Year payment required to be paid by the 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 Year's payment amount. 6.05. Current Funding. The parties acknowledge that the aforementioned funding will be sufficient to satisfy the current NPDES Second Term Permit requirements for the 2002 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 7.03 are incurred. 6.06. Future Funding. 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 of the amount the Co-Permittee will be requested to pay during the 2003 Fiscal Year, with all subsequent Fiscal Year estimates to be sent on or before March 1st of each following Fiscal Year. 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 Year, 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 Year, 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 are 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. Separate Co-Permittee Expenses. Except for such amounts as are 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 Permit, including but not limited to: (1) all costs of the 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 maybe 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. • 6 • SECTION SEVEN PAYMENT PROCEDURE The Co-Permittee agrees to pay its annual Fiscal Year 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 Year (said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments made on December 1, 2003; March 1, 2004; May 1, 2004; and September 1, 2004. 7.02. Subsequent Fiscal Year Payments. 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- Permittee may, 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 Year; 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 Year (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 Year payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee 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, theft, and property damage insurance for said equipment. (ii) If the Lead Permittee 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 share 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 share 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 C7 7 • 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 are 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 regular Fiscal Year payments pursuant to preceding Section 7.02. (v) If the Lead Permittee and Co-Permittee are 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-Permittee. 7.04. Failure to Pay. 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-Permittee, 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 of this 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 C] 8 • 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 to the 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 Attorney'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. • 9 C] • 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: _ Thc, V aA o~ (e~~ ~n ne) ~.SD (~ 4 Ltd ~- ~ 1'1 U1' ~ J-fC . 3d6 Street Address City Zip Attn: i?U 5~ K - liUh! ~C Phone: s'j cj _ (~ Z33 Fax: S ~ 5 -~Z ~ 5 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 preparation 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 Permittee and the 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. 10 • 10.05. Binding E~ ffect. 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. 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 upon receipt of written approval by the other party, which shall not be unreasonably withheld. 10.07. 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, 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. 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 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. 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. 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. 11 10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed by all parties hereto. 10.16. Termination of Prior Agreements. All previous interlocal agreements or amendments 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: ~l ~~~ Secretaryi, (SEAL) (SEAL) ~~ EXECUTED by Co-Permittee this ~ ~ day of ~~ (k , 2003. ATTEST: day of , 2003. ~/ BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ,~~_~. ~ ~ Hugh F: ~r~ruh, President nn~ By: ~ -~' ~l.vV APPROVED AS TO FORM AND LEGAL SUFFICIENCY a, b U \slc\BSB\NORTHERN\agmts\agmLSecondTerm.wpd 12 :~ 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 preparation, coordination, and submittal to FDEP of the system-wide annual report. (ii) The preparation, coordination, and execution of interlocal agreements necessary to carry out the joint responsibilities of all permittees. (iii) The timely preparation, coordination and execution of any monitoring required by Part V.B. of the NPDES Second Term Permit. (iv) The timely preparation, 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. • u ATTACHMENT "B" RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTHERN PALiYI BEACH COUNTY Ili IPROVE~LEiVT DISTRICT APPROVING THE NPDES STEERING COiI~i LITTEE ADI~ILYISTRATIVE GUIDELINES FOR COLLECTION, l~L~~(AGE1~lENT AND DISBURSEiYLENT OF NPDESTN'I'ERLOCAL AGREEIYIENT FWi DS WHEREAS, NORTHERN PAL~~I BEACH COUNTY I1~IPROVEMENT DISTRICT ("Northern") is an independent special district duly organized and validly e.Yisting under the Constitution and the Laws of the State of Florida, including applicable provisions of Chapter 298, Florida Statutes, and Chapter 59-994, Laws of Florida, as amended and/or supplemented; and WHEREAS, the United States Environmental Protection Agency has recently issued its National Pollutant Dischazge Elimination System Permit No. FLS000013 (the "NPDES Permit's which is applicable to a number of governmental entities located in Palm Beach County, including Northern; and WHEREAS, the Co-Permittees who make up the governmental bodies subject to the NPDES Permit have nominated and appointed Northern as the. "Lead Permittee" for the purposes of assisting all Co-Permittees in the collection of general data required to be collected pursuant to the NPDES Permit and submission of reports to the Florida Department of Environmental Protection and the United States Environmental Protection Agency; and. WHEREAS, as the Lead Permittee, Northern is entering into separate Interlocal or Joint Participation A~eements with each of the Co-Permittees which Agreements set forth the parties respective duties and obligations regarding fulfillment of'the terms and conditions of the NPDES Permit; and ' WI3EREAS, a five member NPDES Steering Committee has been selected by the Co- Pennittees, which Steering Committee is comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts and one (1) representative for Palm Beach County; and • WHEREAS, on September 17, 1997 the NPDES Steering. Committee, in order to provide a level of accountability and fiscal control for the benefit of all NPDES Co-Permittees as it relates to the Interlocal and/or Joint Participation Agreements being entered into between Northern and each Co-Permittee, adopted Administrative Guidelines for the collection, management and disbursement of NFDES Interlocal Agreement Funds, a true and correct copy of which is attached hereto and identified as Exhibit "A" (the "NPDES Steering Committee Aciminis-trative Guidelines'; and • tiVHEREAS, Northern has been requested to adopt and comply with the aforementioned NPDES Steering Committee Administrative Guidelines for purposes of administering the funds to be paid to it pursuant to each NPDES Interlocal or Joint Participation Agreement. NOW, THEREFORE, be it resolved by the Board of Supervisors of Northern Palm Beach County Improvement District as follows: 1. Northern Palm Beach County Improvement District does hereby adopt and agree to comply with the terms and conditions of the NPDES Steering Committee Administrative Guidelines. 2. That Northern Palm Beach County Improvement District does hereby incorporate by reference the NPDES Steering Committee Administrative Guidelines into each NPDES Interlocal and/or joint Participation Agreement that it enters into with a Co-Permittee. 3. All resolutions or parts of resolutions in conflict herewith aze hereby repealed. 4. This resolution shall take effect immediately upon its adoption. • THIS RESOLUTION PASSED AND WAS ADOPTED THE 24th DAY OF SEPTEIVIBER, 1997. (DISTRICT SEAL) NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ~. ~ William L. Kerslake, President ATTEST; ,' ;~ (, ~ '~~~,~,, ; _--\.`~-`•~' ~ . Peter L. Pimentel; Secretary. • U:~NOR'[~RN~RESOL U'TI\NPD ES. WPD 2 U NPDES STEERING COl~Iti1ITTEE ADMINISTRATIVE GUIDELINES FOR COLLECTION, lI.~.NAGEMENT AND DISBURSEivIENT OF NPDES INTERLOCAL AGREEMENT FUNDS The NPDES Steering Committee, (which is comprised. of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts and one (1) representative for Palm Beach County), has adopted the following administrative guidelines in order to provide a level of accountability and fiscal control for the benefit of the NPDES Co-Permittees. The administrative guidelines adopted by the Steering Committee are as follows: 1. Alternative NPDES Interlocal Agreement Payment Schedules. In addition to the two (2) payment options set forth in Paragraph's 7.01 and 7.02 of the NPDES Interlocal Agreement, a Co-Permittee shall also be entitled to elect to pay the annual Fiscal Year payments on an equal • quarterly installment basis. If this additional payment option is selected by a Co-Permittee, the quarterly payments for the First Fiscal Year are required to be paid on or before October 1, 1997, January 1, 1998, April 1, 1998 and July 1, 1998, with all future Fiscal Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID will be issuing one (1) invoice to each Co-Pernuttee for its annual Fiscal Yeaz payment amount, following which the Co-Permittee shall then have thirty (30) days from the date of receipt of the invoice within which to select one of the three (3) payment options and to make its initial payment in accordance with the option so selected. 2. ~ Income and Disbursement Accounting Documentation. (A) A quarterly income and disbursement report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Fiscal Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be prepared by NPBCID in accordance wZth the format set forth.in attached Exhibit "A". • 3. Bud}et Accountin; Documentation. (A) A quarterly budget accounting .report shall be prepared by NPBCID• The report shall be delivered to the Steering Committee within forty-five (4~) days following the end of • each Fiscal Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the NPDES Interlocal Agreements. (B) The budget accounting report shall be prepared by NPBCID in accordance with the format set forth in attached Exhibit "B". 4. deserve Fund Contin e~ncy Expenditures. Prior to any expenditure by NPBCID of funds contained in the Reserve Fund Contingency account identified in the NPDES Interlocal Agreement, NPBCID shall be required to submit its request to the Steering Committee members and receive approval from asuper-majority of at least 75% of the Steering Committee members. 5. Unexpected Additional Costs and Expenses.. Prior to NPBCID incurring an obligation that will require a Co-Permittee to pay unexpected additional costs and expenses exceeding the amount held in the Reserve Fund Contingency, NPBCID shall be required to submit to the Steering Committee the nature of the event and the amount of the unexpected additional cost and expense. Upon receipt of such notification, the Steering-Committee shall present the matter to the Co-Permittees at the next regularly scheduled Steering Committee NPDES meeting (unless it is an emergency matter in which event a special meeting will be promptly scheduled and notice given to all Co-Permittees) for consideration and vote by those representatives of the Co-Pernuttees present at the meeting. An affirmative vote by a simple majority (i.e., over fifty percent) of those representatives of the Co-Permittees present at the meeting (with only one (1) representative of each Co-Permittee being entitled to vote on the matter at issue) will be required before NPBCID is authorized to incur the subject unexpected additional costs and expenses. 6. NPDES Interlocal Agreement Budget AdoptionProcess. All future NPDES Interlocal Agreement Fiscal Year budgets shall be adopted in accordance with the following procedure: (A) On or before March 1st of each Fiscal Year, NPBCID shall prepare and present to the Steering Committee a proposed budget for the next Fiscal Year. (B) The Steering Committee shall consider the proposed next Fiscal Yeaz budget at a regular Steering Committee meeting and open the matter to discussion by those Co-Permittee representatives present and attending the meeting. (C) Adoption of the next Fiscal Year's budget shall require the approval of a super-majority of at least 75% of the Steering Committee members. (D) As a part of the Steering Committee's consideration of the next Fiscal Year's budget and calculation of each Co-Permittee's allocable share and responsibility for the funding of the budget, the Steering Committee may consider the application of any existing surplus funds as a credit towards each Co-Permittee's allocable funding share. "Surplus funds" for the purpose of • 2 • this administrative guideline may include unexpended and unencumbered present Fiscal Year funds or Reserve Fund Contingency amounts, plus accrued interest thereon, if any. (E) The Steering Committee shall also be responsible for approving, by a simple majority of those Steering Committee members in attendance (provided there is a quonun) at a Steering Committee meeting, line item budget transfers. APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 1997. • U :\NORTIIERN\AGMTS\NPDES\STEERIN G. POL C 3 EXHIBIT "A" NPDES QUARTCRLY INCOME AND DISBURSF~MENT REPORT FIRST YEAR PROGRAM FOR ~I;RIOD MAY 2, 1997 -AUGUST 1, 1997 (SAMPLE) WASH ON HAND MAY 2 199 REVENUE RECEIVED FOR QUARTER MAY 2, 1997 -AUGUST 1, 1997 $ AGREEMENT FEES ~ INTEREST EARNINGS $ $ TOTAL REVENUES ATL ,E O E EN iTU ES ~ TOTAL CASH AND . EXPENDITURES PAID DURING QUARTER MAY 2, 1997 -AUGUST 1, 1997$ ENGINEERING $ LEGAL $ MISC. EXPENSES TOTAL EXPENDITURES FUND BALANCE AT AUGUST 1. 1997 $ RESERVE FOR CONTINGENCIES IJNRTSERVED I'UND I3AI F. • Page 1 • ~pds93154.O1IU57jmk~n.xls . , .. . ail u ~A LXi-IIBIT "t)" NI'Dr.S QUAI~I'I;RLY T3UDGT;T -DVS - ACTUr~.L RLpOAT ~ rIItS'i' YC11.R I'ItOGRA~ I'Ott P~LiIOD IvTAY 2, x997 -AUGUS'T' ], 1997 (S~IMPI,L') DCSCIZipTION DUDGET Slee;ring Committ~ec Workshops $5~1,79U.00 Sub Com1TiillcC Workshops $9,115.00 CI'A Coordination 3,975.00 Pcrmiil,ce Coordinntion $22,250.00 interlocal Agreements X15,400.00 Mor~itotin Pro _ram 553,050.00 51,390.00 Annun) }lclmrt " X210,000.00 r/1L -I O ACTUAL DILLINGS Tf-1ROUGN 8111.97 M,1z CDM C & P NPDCI -~ M ~R =Mock, Roos & Associ~tcs, lnc. CDM =Camp, Dresscr & McKcc C ~ I' . Cnldwcll & Pacclli NI'DCID =Northern Palrn I3cnch County Impro~~entenl DistTicl ~` Does not reflect encumbered dollars hp)~9J I Sd.011Uta t1058aw1•m,alt • ~.Sz I T/~L PERCCNT pF DUDG$~' ENCUMI}E>ZED SPLINT` 15, I OO.uu 45,100.00 • vn_ ~i9~