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HomeMy WebLinkAboutResolution_26-96/97_07/24/1997 i II RESOLUTION NO. 26 -9697 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN NPDES INTERLOCAL AGREEMENT BETWEEN THE NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT AND THE VILLAGE OF TEQUESTA AND AUTHORIZING THE MAYOR TO EXECUTE THE SAME ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: o Section 1. The NPDES Interlocal Agreement between the it Northern Palm Beach County Improvement District and the Village of Tequesta, attached hereto as Exhibit "A" and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village of Tequesta is authorized to execute the same on behalf of the Village of i Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Cameron who moved its adoption. The motion was seconded by Councilmember Hansen and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Alexander W- Cnmernn Jose4)h N. Cad rettn Carl C. Hansen I Elizabeth A. Schauer t P The Mayor thereupon declared the Resolution duly passed and adopted this 24th day of July, A.D., 1997. MAYOR .. ©F UE S Elizabeth . Schauer ATTEST: J ann Mangan' llo Village Clerk . wp60 \res \26 -97 I LAW OFFICES CALDWELL & PACETTI • MANLEY P. CALDWELL, JR. 324 ROYAL PALM WAY RETIRED KENNETH W. EDWARDS PALM BEACH, FLORIDA 334804352 ARTHUR E. BARROW CHARLES F. SCHOECH TELEPHONE (407) 655 -0620 MADISON F. PACETTI MARY M. VIATOR 1914 -1994 BETSY S. BURDEN TELECOPIER (407) 655 -3775 PLEASE REPLY TO WILLIAM E. CORLEY, = POST OFFICE BOX 2775 JOHN A. WEIG PALM BEACH, FL 33480-2775 September 26, 1997 Stormwater Utility Coordinator VILLAGE OF TEQUESTA 250 Tequesta Drive, Suite 300 Tequesta, Florida 33469 In Re: September 24, 1997 NPDES Interlocal Agreement Dear Sir or Madam: On behalf of Northern Palm Beach County Improvement District, please find enclosed the following: i 1. One (1) fully executed original of the NPDES Interlocal Agreement between Northern and your governmental entity. 2. A copy of a Resolution adopted by Northern's Board of Supervisors approving and incorporating into each NPDES Interlocal Agreement, the NPDES Steering Committee Administrative Guidelines which are attached as Exhibit "A" to the Resolution. I also wish to advise you that an executed duplicate original of the enclosed NPDES Interlocal Agreement will be filed with the Clerk of the Court within the next several days in accordance with the provisions of Chapter 163, Part I, Florida Statutes. Your cooperation and assistance in this matter has been most appreciated. Very truly yours, 9A Kenneth W. Edwards KWE /mac • Enclosure cc: Peter L. Pimentel, Exec. Director, NPBCID (letter only) Alan D. Wertepny, P.E., MOCK, ROOS & ASSOCIATES, INC. (w /enclosures) EXHIBIT "A" • N1 This Agreement shall be effective as of th W day of Date" , 1997 ( "the Effective � -�- ), and is being entered into by and between NOIt "I�I-IERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as "the I_,ead Permittee ") and VILLAGE OF T'EQUES`I`A (hereinafter referred to as "the Co- Permittee "). WI TNESSE T u: WHERrEAS the United States Environmental Protection Agency (hereinafter referred to as "EPA ") can the 9th day of December. 1996, issued its National Pollutant Discharge Elimination System ( "NPDDES ") Permit No. FLS00001,8 (hereinafter referred to as the "NPDES Permit ") to forty (40) govennaraerrtal entities designated as the Palm Beach County - Municipal Separate Storm Sewer • System Permittees (hereinafter referred to as "tlie Permittees "); and WHEREAS, 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 Permittees; and WHEREAS, due to the number of Permittees and the tasks that must be performed under the NPDES 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 parties liereto are authorized pursuant to Chapter 163, Part 1 of Florida Statutes, to enter into this 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, coveriaint, and agree with each other as follows: SECTION ONE .01R "fF,: f IC)?�TS 1.01. Recita The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. e SR"'TION TWO DESIGN!�`I'ION OF 1','U"Tt3 S 2.01. Lead_ P ermitt ee. NOrlhern Pabii Beach County Irnprovement District is hereby designated as the Lead Permittee for the purl uses of this A(,i eement and the NPDES Permit. 2.02. Co - Permittee Village of T ;gvesta is liereby designated as a Co- Permittee for the purposes of this Agreement and the NI'DLS Permit. ±ECTION TIIRI E 1 Vl"DL, S PERMIT 3.01. 'Perin of Permit The NPDES Permit has an effective date of February 1, 1997 (the "NPDES Permit Effective Date ") and expiration date of December 31, 2001 (the "NPDES Permit Expiration Date "). 3.02. Annual Reports The NPDES Permit requires that certain reports be submitted to EPA on an annual basis commencing September I, 19.98 and on each September 1st thereafter through and including the year 2002. SECTION FOUR TE O 4.01. Ter�rn. Tlie antiei patted terns of this A �reenient shall be �Crom the Agreement's l g Effective Date through September 30, 2002, 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. Fu ndijic , Year. The term "Fiscal Year" is defined for the purposes of this Agreement as the following fiscal year periods, namely: (i) First Fiscal Year - from October 1, 1997 through September 30, 1998. (ii) Second Fiscal Year - fron7 October I, 1998 through September 30, 1999. (iii) Third Fiscal Year - from October 1, 1999 through September 30, 2000. (iv) Fourth Fiscal Year - from October 1, 2000 through September 30, 2001. (v) Fifth Fiscal Year - from October 1, 2001 through September 30, 2002. 4.03. Ren This Agreement shall be automatically renewed as of the beginning date of each Fiscal Year, unless a party to this Agreement provides written notice of non- renewal to the • 2 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. O.ECTION FIVE SCOPE OF WORK AND A C,LOCaATIO OF DUTIES AN OB LIGA'T1 ONS 5.01. S cope of Work The Scope of Work contemplatcd under this Agreement is applicable to the implementation and execution of the NPDES Permit, Nvbicli Permit is incorporated herein, 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 Permit. (ii) The timely preparation, coordination, and submittal to EPA of all system -wide annual reports. (iii) The timely implementation, coordination, and execution of all monitoring required by the NPDES Permit. (iv) The timely preparation, coordination, and submittal to EPA of all watershed pollutant load estimates. (v) The timely development, unplementation, and execution of all system -wide public education programs required by the NPDES Permit. (vi) The timely development, implementation, and execution of all storm water management programs required by the NPDES Permit. (vii) The timely preparation, coordination, and distribution of standardized forms necessary to carry out the terms of the NPDES Permit. (viii) The timely and adequate performance of any other task required by the NPDES permit. 5.02. Allocation of Duties and Obliga (1) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit "A" which is attached hereto and incorporated herein (the "Lead Permittee Services "). • 3 The Co- Permittee sln<,ll be responsible for such other duties and obligations as are identified as being its individual responsibility- in the NPDES Permit.. 5.03. Nlodi Zcat to_Nl?DT � Penrii_t It is understood and agreed that any changes, modifications, revisions, or additions to the terms of the NPDES Permit made subsequent to the Effective Data, of this Agreement, including but not limited to any requirerneuts to Pcrforin biological assessments, are expressly excluded :From and not a subject of this Agreement. SECTION SIX FUNDING AN AL LOCATION O F COSTS A EXPENSES 6.01. Ann Budget In that this Agreement is anticipated to be renewed for a [lumber 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. Prio F ur_di[u . The parties agree that any surplus funds previously paid by the Co- Permittee pursuant to any prior Interlocal Agreement it has entered into with the Lead Permittee that relates to the NPDES Permit application process, shall be applied to and used for the provision of Lead Permittee Services by the Lead Permittee during the First: Fiscal Year, 6.03. First Fis cal Y ear Paym ent. In addition to the funds referenced in above Section 6.02, the parties agree that for the First Fiscal Year, the Co- Permittee shall also pay to the Lead Permittee the sum of $1,760.00, which sum represents the combined payment of the Lead Permittee's Services during the Second Fiscal Year term of this Agreement and the Section 6.04 ten percent (10 %) Reserve Fund Contingency. 6.04. Reserve Contingency 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 Fuld Contingency amount shall be equal to ten percent (10 %o) of each Fiscal Year's payment amount. 6.05. Cur rent Fund ing. The parties acknowledge that the aforementioned funding will be sufficient to satisfy the current NPDES Permit requirements for the First and Second Fiscal Years unless unexpected additional costs and expenses of the nature described in following Section 7.03 • 4 are incurred. • 6.06. Future Fundi zng. As to future Fiscal Year payments that will be required to be paid by the Co- Permittee to the Lead Permittee, tl:e parties agree that on or before March 1, 1998 the Lead Permittee shall provide a cost estimate to the Co- Permittee of the amount the Co- Permittees will be requested to pay during the Sccond Fiscal Year, ��llth all subsequent Fiscal Year estimates to be sent on or before March Ist 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 o!'which shall be paid pursuant to Section Seven of this Agreement. If, however, the parties cannot agree upon a rutually 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. Fifth Fiscal Year It is assumed that during the Fifth Fiscal Year, the Co- Permittees and EPA will commence to negotiate or renegotiate the terms of the NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder will likely be modified. Due to this uncertainty, the allocation of each panties duties and obligations hereunder, together with the funding princess for provision of services, will be rcexamined during the Fifth Fiscal Year of this Agreement. 6.08. Se a rate C o- PP ermittee E ; u e cs. 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 Permit, including but not limited to: (l.) all costs of the Co- Permittee's preparation and submittal of su.cli of its own individual Annual Report(s) that may be separately required by the NPDES 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 Permit, and (4) all other costs of carrying out any other individual responsibility of the Co- Pcrmittee according to the terms of the NPDES Permit. SECTION SEVEN PAYMENT PRO The Co- Permittee agrees to pay its annual Fiscal Year payments as follows: 7.01. Fir Fiscal Ye ar. The First Fiscal Year payment amount specified in above Section 6.03 may, at the option of the Co- Permittee, be paid in citl;er a single lump sum payment on or before October 1, 1997, or in twelve (12) equal monthly installments commencing on October 1, 1997, and thereafter on the 1 st day of each subsequent month of the First Fiscal Year (said payment dates being hereinafter referred to as the "Payment Due Date "). • 5 7.02. Subsequent Fiscal Ye Ljr P-jynji 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, either pay the entire agreed =upon amount in either a single lump sum on or before October Ist of that particular fiscal YIcar, or in twelve (12) equal monthly installments commencing on October Ist of that fiscal Year and thereafter on the Ist day of each subsequent month of that Fiscal Year (said payment dates also heis)g hereinafter referred to as the "Payment Due Date "). 7.03. Additional Costs Since it is possible that following the parties' finalization of an agreed upon Fiscal Year payment ai 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: G) 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 proniptly 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 bead Perm ttee's intent to draw down funds fron the Co- Permittee's Reserve Fund Contingency in order to pay said 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 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 othierwise 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 assurricd by the Lead Permittee under the terms of this Agreement nnay 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 FIGHT O PTION T TERMINAT E 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 Ag.reerrient. Said termination shall not be effective until said thirty (30) days have elapsed. 8.02. C osts and EXDe1_ 1sQs. 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- Perurittee to the lead Perurittee the arnoun 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 amounts) shall survive the termination of this Agreement. 8.03. Refunds. The parties acknowledge that the Lead Perurittee 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 Perurittee to provide its Lead Permittee Services on behalf of all Co- Permittees. In that the Co- .I'erurittee'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. IIowever, 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. 8.04. Documentation and. Data In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Perurittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co- Perrittee, provided, however, that • 7 said Co- Permittee shall be respon sil for any costs incurred in making available such documentation. SFIClION NINi ENFO RCET\4E1\i'T, V 11.01 _A1 IC)N S. AN Q /O DEFAULT 9.01. E nfor c ement . 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 Pen - nittee to accept or assume any powers of enforcement of the NPDES 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. SE CTI ON ",'EN MISC PROVIS • 10.01. fJoticcs. All notices, requests, consents and other corn ni.rnications regriired or permitted under this Agreement shall be in writing (including telex, facsimile, or telegraphic communication) and shall be (as elected by (lie person giving such notice) hand delivered by prepaid express overnight cornier or messenger service, telecornmunicated, or inailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 357 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone (561) 624 -7830 Fax (561) 624 -7839 With a copy to: Caldwell & Pacetti 324 Royal Palin Way, Suite 300 Palm Beach, Florida 33480 Attn: Kenneth W. Edwards, Esq. Phone: (561) 655 -0620 Fax: (561) 655 -3775 • 8 As to Co- Permittee: Village of Tcquesta • 250 Tequesta Dri ve. _Suter Te FL 33469.__..______,�_ —_ Attn: Stormwater Utility Coordinator Phone:561- 575 -6260 Fax: 561- 575 -6245 With a copy to: V illage Tanager '' 25 0Tequesta Drive, Suite 300 S[ree 1 ess Te uest . FL 33469 . Attn: Phone: 561- 575 -6200 Fax: 561- 575 -6203 10.02. En It At reern ent. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 10.03. Construction. The preparation of ibis 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. D.iscrinii i ation . The Lead Perinittee and the Co- Permittee agree that tic, person shall on tho 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 discriinination under an3r activity carried out by the performance of this Agreement. -. 10.05. Bin 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. 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. Se verability . 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 • 9 thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations ()l`the Co- Perrnitt "le, in which event this Agreement may be thereupon terminated by the Lead P ermittee. 10.08. Governing Law and V eIRIe. This Agicenietit. 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. T inie of the Essen 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. Remedi 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 rennedies 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. NPI Permit. If there is any inconsistency between the terms of this Agreement and (he NP DES Pen - nit, thci:i the NPDES Permit shall preFrnpt, supersede, and control over the provisions of this ( 10.13. C This Agreement niay 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 ci Court A copy of this Agreement shall be filed with the Clerk of the Court in and for Palm Beach County, Florida. 10.15. Effective Date This Agreement shall be effective as of the last date that it is signed by all parties hereto. 10.16. T ermination of Prior Ag All previous interlocal agreements 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. • 10 . IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereinafter written. EXECUTED by Lead Permittee this d<y of 1997. ATTEST: BOARD 01 StiPERVISORS, NORTHERN PALM BEACH COt.'NTY IMPROVEMENT DISTRICT i3 ' _ i � B ; c Peter L. Pimente.l, Secretary William L. Kerslake, President (SEAL) EXECUTED by Co- Permittee this 28 day of July , 1997. ATTEST: VILLAGE OF TEQUESTA • 4 f (S U?AL,) APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 11 • FXHIB IT A TG NPDES INTF:`RJ OCAL, /I %GRi EMENT l LAf DLit : 1I1� ''I RNA J NSJBILI The responsibilities of the Lead Permittee as to the implementation and execution of the NPDES Permit is generally as follows: (i) The timely preparation, coordination, and submittal to EPA 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 the wet weather monitoring required by the NPDES Permit. Div) 'The timely preparation, coordination, and submittal to EPA of all watershed pollutant load. estimates. (v) The preparation, coordination, and distribution of standardized forms as approved by NPDES Steering Committee to carry out the terms of the NPDES Permit. (vi) Coordination and assistance M, carrying out the terms of the NPDES Permit. Conducting NPDES Steering Committee Workshop. • Y RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT APPROVING THE NPDES STEERING COMMITTEE ADMINISTRATIVE GUIDELINES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT ( "Northern ") is an independent special district duly organized and validly existing 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 Discharge Elimination System Permit No. FLS000018 (the "NPDES Permit ") 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 Agreements with each of the Co- Penmittees which Agreements set forth the parties respective duties and obligations regarding fulfillment of the terms and conditions of the NPDES Permit; and WHEREAS, a five member NPDES Steering Committee has been selected by the Co- Permittees, 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 NPDES Interlocal Agreement Funds, a true and correct copy of which is attached hereto and identified as Exhibit "A" (the "NPDES Steering Committee Administrative Guidelines "); and M I WHEREAS, 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 are hereby repealed. 4. This resolution shall take effect immediately upon its adoption. THIS RESOLUTION PASSED AND WAS ADOPTED THE 24th DAY OF SEPTEMBER, 1997. (DISTRICT SEAL) NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 4 William L. Kerslake, President ATTEST: Peter L. Pimentel, Secretary UANORTHERNIRESOLU MNPDES. WPD 2 • NPDES STEERING COMMITTEE ADMINISTRATIVE GUIDELINES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT 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- Permittee for its annual Fiscal Year 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 with the format set forth in attached Exhibit "A ". 3. Budget Accounting Documentation. • (A) A quarterly budget accounting report shall be prepared by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of EXHIBIT "A" • 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. Reserve Fund Contingency 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 a super- 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- Permittees 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 Adoption Process. All future NPDES Interlocal Agreement Fiscal Year budgets shall be adopted in accordance with the following procedure: (A) On or before March 1 st 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 Year 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 quorum) at a Steering Committee meeting, line item budget transfers. APPROVED AND ADOPTED THIS 17TH DAY OF SEPTEMBER, 1997. • U:\NORTHERN\AGMTS\NPDES\STEERING.POL • 3 EXHIBIT "A" NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT FIRST YEAR PROGRAM FOR PERIOD MAY 2, 1997 - AUGUST 1, 1997 (SAMPLE) CASH ON HAND MAY 2. 1997 $ 1 REVENUE RECEIVED FOR QUARTER MAY 2, 1997 - AUGUST 1, 1997 AGREEMENT FEES $ INTEREST EARNINGS $ TOTAL REVENUES $ $ TOTAL CASH AND REVENUES AVAILABLE FOR EXPENDITURES $ 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 $ UNRESERVED FUND BALANCE $ npbcnpds931 011057jmkm.xls Page 1 9/11/97 EXHIBIT "B" NPDES QUARTERLY BUDGET - VS - ACTUAL REPORT FIRST YEAR PROGRAM FOR PERIOD MAY 2,1997 - AUGUST 1, 1997 (SAMPLE) r r' PERCENT OF BUDGET DESCRIPTION BUDGET ACTUAL BILLINGS THROUGH 8/1/97 ENCUMBERED SPENFI" M•R CDM C & P NPBCID TOTAL Steering Comrince Workshops $54,790.00 Sub Committee Workshops $9,145.00 EPA Coordination $3,975.00 Permittee Coordination $22,250.00 Interlocal Agreements $15,400.00 Monitoring Pro am $53,050.00 $45,1 t?0.00 Annual Report $51,390.00 TOTAL $210,000.00 $45,100.00 M -R = Mock, Roos & Associates Inc. CDM = Camp, Dresser & McKee C & P = Caldwell & Paeetti NPBCID = Northern Palm Beach County Improvement District Does not reflect encumbered dollars �pds93154.011utus1058awkm.x1s � �Page I � 9P_3/93 f .