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HomeMy WebLinkAboutResolution_19-90/91_06/06/1991 RESOLUTION NO. 19 -90/91 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT (NPBCWCD) FOR JOINT APPLICATION TO THE UNITED STATES FEDERAL GOVERNMENT ENVIRONMENTAL PROTECTION AGENCY FOR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS, APPROPRIATING FUNDS FOR PERMIT APPLICATION, AND APPROVING AN ENGINEERING CONTRACT FOR PERMIT APPLICATION. WHEREAS, the Federal Water Quality Act of 1987 amended the Federal Clean Water Act with said amendment requiring the United States Environmental Protection Agency (hereinafter referred to as "EPA ") to develop regulations to implement the National Pollutant Discharge Elimination system (hereinafter referred to as "NPDES ") Permit Program to address stormwater discharges to waters of the United States; and . WHEREAS, said NPDES regulations published in November of 1990 mandate that the County of Palm Beach, all municipalities contained therein, and specified Special Water Control Districts submit an NPDES permit application to the EPA; and WHEREAS, while said NPDES permit application may be submitted and permits issued on an individual basis, the EPA has determined that due to the number of governmental entities contained within the geographical boundary of Palm Beach County, Florida, that such an individual application approach would be administratively burdensome; and WHEREAS, the EPA has authorized applicants located i within the geographical boundaries of Palm Beach County, to designate a governmental entity as a lead applicant with ,other governmental entities as co- applicants; and WHEREAS, said proposal of EPA authorizing the designation of a lead applicant and co- applicants for filing the NPDES permit application is In the best interest of the Village of Tequesta. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, AS FOLLOWS: Section 1. The facts, statements and recitals as set forth hereinabove and attached hereto as Exhibit 1 are true and correct and are incorporated herein by this reference. Section 2. The Village Manager is hereby authorized to execute the Interlocal Agreement with the Northern Palm Beach County Water Control District attached hereto as Exhibit 1 on i behalf of the Village of Tequesta. Section 3. The Village Manager is hereby authorized to execute a transfer from General Fund Undesignated Fund ( Balance to the General Engineering line item account in the amount of $5,390 for NPDES anticipated expenditures, and such ,amount is hereby appropriated in the FY 90/91 budget. Sec 4. The Village Manager is hereby authorized to contract for engineering services with Gee & Jenson, E.A.P., in an amount not to exceed $7,800 for NPDES permit application. I! 2 - THE FOREGOING RESOLUTION was offered by Councilmember W illiam E. Burc who moved its adoption. The Resolution was seconded by Councilmember Ron T. Nlackail and upon being put to a vote, the vote was as follows: r I FOR ADOPTION AGAINST ADOPTION William L. Burckart i Joseph N. Capretta Edward C. Howell Ron T. Mackai 1 I I The Mayor thereupon declared the Resolution duly passed and adopted this 6th day of June, A.D. 1991. MAYOR OF TEQUESTA Joseph N. Ca retta ATTEST: Bill C.' Kas velis Village lerk 1 • EXHIBIT 1 INTERLOCAL AGREEMENT This Agreement shall be effective as of the day of June , 1991, and is being entered into by and between NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred to as the "LEAD APPLICANT ") and the: VILLAGE OF TEQIFSTA, ,S7 Tequesta Drive, Tequesta, Florida - (hereinafter referred to as the "CO- APPLICANT "). W I T N E S S E T H: WHEREAS, the United States Federal Government has deter- mined that water quality problems in urbanized watersheds are a major environmental concern nationwide; and WHEREAS, the Federal Water Quality Act of 1987 amended the Federal Clean Water Act with said amendment requiring the United States Environmental Protection Agency (hereinafter referred to as "EPA ") to develop regulations to implement the National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES ") Permit Program to address stormwater discharges to waters of the United States; and WHEREAS the EPA, in November of 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, all municipalities contained therein, and specified Special Water Control Districts submit an NPDES permit applica- tion to the EPA; and WHEREAS, while said NPDES permit application may be submit- ted and permits issued on an individual basis, the EPA has determined that due to the number of governmental entities contained within the geographical boundary of Palm Beach County, Florida, that such an individual application approach would be administratively burdensome; and WHEREAS, the EPA has authorized applicants located within the geographical boundaries of Palm Beach County, to designate a governmental entity as a lead applicant with other governmental entities as co- applicants; and WHEREAS, the parties to this Agreement have determined that . said proposal of EPA authorizing the designation of a lead applicant and co- applicants for filing the NPDES permit applica- tion is in the best interest of the parties hereto in that this will: (1) Assist all parties in complying with the application deadlines of May 18, 1992, for Part 1 of the NPDES Permit Application and May 17, 1993, for Part 2 of the NPDES Permit Application, (2) Ensure consistency, and (3) Assure the most efficient and cost - saving mechanism for compliance with the NPDES Permit Application process; and WHEREAS the arties hereto are authorized pursuant to P P 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. -2- NOW, THEREFORE, in accordance with Chapter 163, Part 1, Florida Statutes, the undersigned parties, for and in considera- tion 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 facts, statements and recitals as set forth here - ina bove are true and correct and are incorporated herein by this reference. SECTION TWO DESIGNATION OF APPLICANTS a 2.01. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT shall be designated the LEAD APPLICANT for the purposes of this Agreement and the NPDES Permit Application. 2.02. The VILLAGE OF TEQUESTA shall be designated the CO- APPLICANT for the purposes of this Agree- ment and the NPDES Permit Application. SECTION THREE SCOPE OF WORK, ALLOCATION OF RESPONSIBILITIES AND TIMES FOR TASK COMPLETION 3.01. Scope of Work The scope of work contemplated under this Agreement as to the re aration and submission of Parts 1 and 2 of the P P NPDES Permit Application is as follows: -3- (a) Part 1 of NPDES Application (i) Assessment of the existing legal authority • to control the discharge of pollutants into stormwater systems. (ii) Source identification which must include a drainage system inventory and mapping of existing facilities. (iii)Discharge characterization associated with collection of rainfall data, runoff volumes, water quality of discharges and dry weather sampling for illicit connections. (iv) Description of existing stormwater manage- ment programs. (v) Development of a wet weather sampling pro- gram for the Part 2 application. (vi) Identification of financial resources • available to complete Part 2. (b) Part 2 of NPDES Application (i) Demonstration of adequate legal authority to control discharges. (ii) Characterization of data acquisition and an analysis program for wet weather sampling sites, an estimate of the annual pollution loadings into receiving waters and a continuous water quality monitoring program for the next five years. (iii)Proposed management programs to reduce pollutant loadings and to monitor compliance. (iv) Assessment of management programs effec- tiveness. -4- (v) Financial resources and funding to support the program. 3.02. Allocation of Responsibilities i (a) Definitions The following terms as used in this Agreement or in exhibits hereto shall have the meanings as set forth below: (i) Coordinator. The Coordinator shall be primarily responsible for identifying the type and extent of information and /or data required to carry out a particular task, together with assimilating said data into the NPDES Application following review and approval by the Provider. (ii) Provider. The Provider shall be primarily responsible for gathering, collecting and delivering to the • Coordinator the data and information required in order to carry out a particular task. 3.03. Allocation of Responsibility (a) Part 1 of NPDES Permit Application (i) The LEAD APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. (ii) The CO- APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. (b) Part 2 of NPDES Permit Application i The LEAD APPLICANT shall be responsible ( ) P for those tasks identified in Exhibit "B" which is attached hereto and incorporated herein. -5- The CO- APPLICANT shall be responsible for those tasks identified in Exhibit "B" which is attached hereto • and incorporated herein. 3.04. EPA Negotiations As the parties are aware, follow- ing the filing of the aforementioned NPDES Permit Applications, each party will be required to negotiate an agreement with EPA in order to develop site - specific stormwater management pro - grams. Since the outcome of said negotiations will create a legally binding obligation on said party, it is agreed that each party shall be independently and solely responsible for said negotiations with the EPA. 3.05. Time Period for Conclusion of Tasks Due to the limited time period that is available to the parties to prepare • and submit Parts 1 and 2 of the NPDES Permit Application, the parties agree that the duties and tasks as assigned to them as set forth above must be concluded in an orderly fashion and that the deadlines for completion shall be deemed material for the purposes of this Agreement. Said time periods shall be as set forth in the column titled "End Date" of attached Exhibits "A" and SECTION FOUR ENFORCEMENT AND /OR VIOLATIONS OF EPA PERMIT 4.01. Enforcement The designation of any party to this Agreement as the LEAD APPLICANT is not intended nor shall it be construed as authorizing, granting or permitting the LEAD APPLICANT to accept or assume any powers of enforcement of said -6- permit as to the other party. 4.02. Violations That in the event any party to this Agreement should violate said party's individually negotiated permit or agreement with the EPA, then in that event said party shall be solely responsible for any and all attorney's fees, costs, fines, penalties or corrective measures that it incurs or has imposed upon it by the EPA or such other governmental entity that is authorized to impose same. SECTION FIVE ALLOCATION OF COSTS AND EXPENSES 5.01. The LEAD APPLICANT and CO- APPLICANT recognize and agree that the costs and expenses that each party hereto will incur in carrying out the duties and responsibilities that each has assumed as hereinabove set forth, are not subject to exact determination at the time of the execution of this Agreement and that said costs and expenses are merely "best estimates" and subject to modification if agreed to in writing by and between the parties hereto. 5.02. That based upon the "best estimates" available to the parties at the time of the execution of this Agreement, it is agreed as follows: (a) Part 1 - NPDES Permit Application (i) The CO- APPLICANT shall pay to the LEAD APPLICANT for those duties and responsibilities assumed by the LEAD APPLICANT that sum of U. S. Dollars as is enumerated in attached Exhibit "A" and described and identified in the column -7- set forth in said exhibit titled: "Estimated Cost of Lead Services ". (ii) That of the amounts required to be paid by the CO- APPLICANT as set forth on attached Exhibit "A ", the CO- APPLICANT does hereby acknowledge and agree that in the event the CO- APPLICANT should decide to terminate this Agreement as is hereinafter provided, said CO- APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of $ 1,900.00 which represents the LEAD APPLICANT's fixed overhead mobilization and administration costs which are included in Line Items B 4 and E of attached Exhibit "A ". (iii) That except for such amounts as are required to be paid by the CO- APPLICANT to the LEAD APPLICANT as identified above,, the CO- APPLICANT shall be responsible for all other costs and expenses incurred by it in the preparation and filing of the Part 1 NPDES Permit Application. (b) Part 2 - NPDES Permit Application In that until such time as the data required for preparation of the Part 1 NPDES Application is collected and processed, the parties hereto cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities assumed by each of the par- ties hereto, as identified in attached Exhibit "B ". Therefore, it is agreed that such amounts required to be paid by the CO— APPLICANT to the LEAD APPLICANT for Part 2 shall be deter- mined by the parties hereto following further negotiation and finalization of said amounts by a separate written instrument. -8- SECTION SIX PAYMENT PROCEDURE • 6.01. The LEAD APPLICANT shall submit monthly invoices to the CO- APPLICANT for such costs and expenses as are incurred by the LEAD APPLICANT in carrying out the duties and responsibili- ties the LEAD APPLICANT has assumed as set forth hereinabove. 6.02. The aforementioned monthly invoices shall be sub- mitted by the LEAD APPLICANT to the CO- APPLICANT on the 15th day of each month following the effective date of this Agreement and the CO- APPLICANT shall promptly process said invoice in order to authorize and pay said invoice within thirty (30) days from receipt of said invoice. 6.03. That unless otherwise agreed to in writing by and between the parties hereto, if said invoice is not paid in full by the aforementioned due date, then in that event the duties and responsibilities assumed by the LEAD APPLICANT under the terms of this Agreement may, following five (5 ) days notice, be suspended and /or terminated by the LEAD APPLICANT at its sole discretion. SECTION SEVEN OPTION TO TERMINATE 7.01. 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 g prior written notice to the other party of said terminating party's decision to terminate this Agreement. Said termination -9- shall not be effective until said thirty days have elapsed. 7.02. Irrespective of either party's election to terminate • this Agreement under the aforementioned optional provisions or in the event of a failure to pay by the CO- APPLICANT to the LEAD APPLICANT of the amounts due under the terms of this Agreement, any costs and expenses incurred or obligated to be paid by the LEAD APPLICANT under the terms of this Agreement for the benefit of the CO- APPLICANT at the time of receipt of the notice of termination shall still be due and owing and the right to collect said amounts shall survive the termination of this Agreement. 7.03. In the event this Agreement is cancelled or termi- nated, all documentation and data previously collected by the LEAD APPLICANT in accordance with its duties and responsibili- ties as assumed herein, shall be made available to the CO- APPLICANT, provided, however, that said CO APPLICANT shall be responsible for the costs incurred in duplicating said data. SECTION EIGHT MISCELLANEOUS PROVISIONS 8.01. All notices, requests, consents and other communica- tions required or permitted under this Agreement shall be in writing (including telex, facsimile or telegraphic communica- tion) and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return -�0- receipt requested, to the following addresses: As to LEAD APPLICANT: NORTHERN PALM BEACH COUNTY WATER • CONTROL DISTRICT 357 Hiatt Drive Palm Beach Gardens, FL 33418 Attn: Peter L. Pimentel Executive Director Phone (407) 624 -7830 Fax (407) 624 -7839 With a copy to: Kenneth W. Edwards, Esquire Caldwell & Pacetti 324 Royal Palm Way, 3rd Floor Palm Beach, FL 33480 Phone (407) 655 -0620 Fax (407) 655 -3775 As to CO- APPLICANT: VILLAGE OF TEQUESTA 357 Teguesta Drive P.O. Box 3273 Tegnesta, FL 33469 -0273 Attn: Gary Preston, Director,Public Works Phone (407) 575 -6240 Fax (407) 575 -6203 With a copy to: John C. Randolph, Esq. Jones, Foster, Johnston £, Stubbs 505 South Flagler Drive, 11th Floor P.O. Drawer L, }vest Palm Beach, FL 33402 Phone (407) 659 -3000 Fax (407) 832 -1454 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. 8.04. Assignability. The responsibility for carrying -11- 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. 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 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. 8.07. Time of the Essence. Time is of the essence with respect to this Agreement. 8.08. Headings. The headings contained in this Agree- ment 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. Rights of Remedies. The failure of any party to insist on a strict performance of any of the terms and condi- -12- tions hereof shall be deemed a waiver of the rights 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. 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. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year hereinafter written. EXECUTED BY LEAD APPLICANT this day of , 1991. ATTEST: a Peter L. Pimentel, Secretary NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT (_ By: William L. Kerslake, President EXECUTED BY CO- APPLICANT this day of , 1991. 4464E 5/Zb/91 -13- VILLAGE OF TEQUESTA jF THE NPDES PERMIT APPLICATION EXHIBIT A ..s EXISTING CONDITIONS EST. COST SCOPE RESPONSIBILITIES END OF LEAD ITEM TASK DESCRIPTION LEAD CO -APP DATE SERVICES -------------------------------------------------------------------------------------------- A. Legal 1. Identify Jurisdictions P 1/1/91 SO 2. Municipal Ordinances P 9/1/91 . 3. Sources of Authority P 9/1/91 4. Schedule /Commitment to Seek Additional Authority P 8/15/91 B1. Environmental 1. Topo /Drainage Boundary Map P 8/15/91 $900 Source 2. Outfall Systems P 8/15/91 Ident. 3. Drainage Areas P 8/15/91 4. Controls P 8/15/91 5. Location Landfills /Industries/ Open Areas P 8/15/91 6. Land Use Maps and Popular o; Projections P 8/15/91 7. Soil /Runoff Characterization P 9/1/91 S. Existing NPDES Permits P 9/1/91 9. Inventory Mapping /Uniform Computerized System C P 10/1/91 62. Environmental I. Rainfall Data P 8/1/91 $O Discharge 2. Runoff Volume and Quality P 10/1/91 Characteristics 3. Receiving Water Bodies /Impacts P 12/1/91 (Hydrology) Environmental 1. Dry Weather Field Visits/ Discharge Sampling C P 11/1/91 $100 Characteristics (Screen Illicit Connections) (Sampling) ':4. Environmental 1. Locate Outfalls with Illicit Discharge Connections P 2/1/92 $700 Characteristics 2. Locate Outfalls for Part 2 (Planning) Sampling P 3/1/92 3. Develop Wet Sampling Plan for Part 2 P 4/1/92 C. Existing I. Source Control Program P 1/1/92 50 Management 2. Programs for Illicit Connections P 1/1/ Programs Financial I. Budget for Existing Programs "r 1/1/92 SO 2. Resources for Part 2 P 5/1/92 Application I. Mobilization of Participants P 6/15/91 $1,200 2. Liason with Participants P 4/1/92 3. Coordination with EPA C C 6/1/91 4. Organize and Collate Information C P 4/1/92 5. Prepare Application P 5/15/92 a. Maps b. Assemble Reports c. Formatting and Editing d. Final Report e. Submittal Coordinator P- Provider TOTAL $2,900 ' -MAY -1991