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HomeMy WebLinkAboutHandouts_Special Meeting_Tab AOM_08/11/2011 (1) Couzzo, Michael From: John Reiser [JReiser@pbcgov.org] Sent: 7hursday, August 11, 2011 3:12 PM To: Fallon, Roy; Couzzo, Michael Cc: Robert Robbins; Bonnie Finneran Subject: Welifield Program Cost Share Interlocal Agreement Attachments: Wellfield Cost__Share IA 8-10-11 TEQUESTA.doc; WF utility cost share 7_08_2011 rev.pdf Wellfield Cost Share Partners, Attached is the latest version of the Interlocal Agreement. It has been updated with the help of the County Attorney's office to respond to some of the issues raised bv utilities. Please let us know the date when the proposal will go before your board. We hope to have such agreements in place prior to the start of the new fiscal year on October 1. Please do not hesitate to contact us should you have any other questions or comments. Sent on behalf of Robert Robbins, Deputy Director, ERM, (562) 233-2454. lohn Reiser Environmental Program Supervisor Environmental Resources Protection/Resources Protection 2300 North Jag Raad, 4th Floor West Palm Beach, FL 33411-2743 (561) 233-2485 fax (561) 233-2414 ireiser@co.palm-beach.fl.us Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** 1 /Ll e f(���� U � INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY AND THE VILLAGE OF TEQUESTA THIS INTERLOCAL AGREEMENT, which is made and entered into on the day of , 2011, by and between PALM BEACH COiJNTY, ("COiJNT'I"') a political subdivision of the State of Florida, and the VILLAGE OF TEQUESTA, a municipal corporation in the State of Florida, ("VILLAGE") each one constituting a public agency as defined in Part I of Chapter 163, Florida Statutes and both being hereinafter referred to collectively as the "parties." WITNESSETH: WHEREAS, Chapter 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities that will harmonize geographic, economic, population and other factors influencing the needs and development of local communities; and WHEREAS, Part I of Chapter, 163 Florida Statutes, permits public agencies as defined therein to enter into interlocal agreements with each other to jointly exercise any power, privilege, or authority that such agencies share in common and that each might exercise separately; and WHEREAS, pursuant to Section 3.3, Charter of Palm Beach County, the Board of County Commissioners is empowered to enact countywide ordinances to protect present and future wells and wellfields; and WHEREAS, the COIJNTY operates a Wellfield Protection Program (the "Program") as authorized by Palm Beach County, Unified Land Development Code (iJLDC), Article 14.B, Wellfield Protection; and WHEREAS, the VILLAGE and its utility customers benefit from the COUNTY'S ability to operate the Program across jurisdictional boundaries in order to protect the raw water supply from potential contamination; and WHEREAS, the COIJNTY's operation of the Program prevents the VILLAGE from having to operate a comparable program in order to meet Comprehensive Plan requirements and/or water allocation/consumptive use requirements; and WHEREAS, the parties wish to enter into this Agreement to set forth the VII,LAGE's desire to cost share with the COiJNTY in order to ensure the continued operation of the Program. Page 1 provided to the COiJNTY for the VILLAGE's Cost Sharing Responsibility for that fiscal year. d. Upon termination of this Agreement, the COLJNTY shall no longer be reyuired to implement the Wellfield Protection Program described herein within the wellfield protection area located within VILLAGE boundaries and/ or associated with the existence of the VILLAGE utility wells and the VII,LAGE shall be solely responsible to protect its well from potential contamination. 14. Enforcement Costs. Except as otherwise provided herein, any costs or expenses (including reasonable attorney's fees) associated with the enforcement of the terms and/or conditions of this Agreement shall be borne by the respective parties. This provision pertains only to the parties to the Agreement. 15. Remedies. This Agreement shall be construed by and governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 16. Amendment. None of the provisions, terms, or obligations in this Agreement may be added to, modified, superseded, or otherwise altered, except by written instrument executed by the parties hereto. 17. Public Records. The parties shall comply with Florida's Public Records Law with regard to any documents or other records relating to this Agreement. 18. Discrimination. The parties agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation or gender identity or expression 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. 19. Dele atg ion. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or municipal officers. 20. Beneficiaries of A�reement. It is the intent and understanding of the parties that this Agreement is solely for the benefit of the parties. No Page 6 person or entity other than the parties shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. 21. Construction of A�reement. a. The titles, captions and paragraph headings are inserted for convenience only and are in no way intended to interpret, define, limit or expand the scope or content of this Agreement or any provision hereto. b. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. c. In the event any provision of this Agreement conflicts, or appears to conflict with any other provision of this Agreement, the Agreement, including all e�ibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any such conflict or inconsistency. 22. Entiretv of A�reement. The COIJNTY and the VII,LAGE concur that this Agreement, together with any exhibits attached hereto, sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. ATTEST: PALM BEACH COUNTY, FLORIDA, BY SHARON R. BOCK, ITS BOARD OF COUNTY COMIvIISSIONERS CLERK & COMI'TROLLER By: By: Deputy Clerk Karen Marcus, Chair (SEAL) ATTEST: VILLAGE OF TEQUESTA Page 7 By: By: Village Clerk (Manager; Director) (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: Assistant County Attorney Village Attorney APPROVED AS TO TERMS AND CONDITIONS: By: Richard E. Walesky, Director Environmental Resources Management Page 8 11. Severabilitv. In the event that any section, paragraph, sentence, clause, ar provision hereof is held by a court of competent jurisdiction to be invalid, such shall not affect the remaining portions of this Agreement and the same shall remain in full force and effect. 12. Waiver of Breach. It is hereby agreed to by the parties that no waiver of a breach of any of the covenants or provisions of this Agreement shall be construed to be a waiver of any succeeding breach of the same or any other covenant. 13. Default, Termination, O�portunity to Cure. a. In the event that the VILLAGE breaches this Agreement, the COiJNTY shall provide the VII.,LAGE with written notice specifying the nature of the breach ("Default Notice"). Following receipt of the Default Notice, the VILLAGE shall cure such breach within thirty (30) days. If the VILLAGE fails to cure the breach within said period, the COLJNT'I' may terminate this Agreement upon written notice of termination to the VII,LAGE, which will be effective immediately. In such event, the COiJNTY shall not refund the VILLAGE any portion of the funds provided to the COIJNTY for the VII,LAGE's Cost Sharing Responsibility for that fiscal year. b. In the event that the COLTNTY breaches this Agreement, the VILLAGE shall provide the COIJNTY with written notice specifying the nature of the breach ("Default Notice"). Following receipt of the Default Notice, the COUNTY shall cure such breach within one hundred and twenty (120) days. If the COiJNT'I' fails to cure the breach within said period, the VII,LAGE may terminate this Agreement upon written notice of termination to the COUNTY, which will be effective immediately. In such event, the COLJNTI' shall refund the VII.,LAGE a prorata share of the funds provided to the COiJNTY for the VILLAGE's Cost Sharing Responsibility for that fiscal year. c. Either party may terminate this Agreement for convenience for the upcoming fiscal year (i.e. October 1) by giving written notice of termination to the other party on or before July 1 of the current fiscal year. If the VILLAGE seeks to terminate this Agreement for convenience for the upcoming fiscal year after 7uly 1, such termination shall not be effective until the following fiscal year, and the COiJNTY shall not refund the VII,LAGE any of the funds provided to the COUNTY for the VII,LAGE's Cost Sharing Responsibility for that fiscal year. If the COUNTY terminates this Agreement for convenience after the commencement of the fiscal year, it shall refund the VILLAGE a prorata share of the funds Page 5 receipt is signed, delivery is refused or the notice is designated by the postal authorities as non-deliverable, as the case may be; or if by electronic transmission, upon the date of the written delivery confirmation unless such date is a weekend, legal holiday or transmission occurs after 5:00 pm, in which case the effective date shall be the next business day. The parties hereby designate the following addresses as the address to which notices may be delivered, and delivery to such address shall constitute binding notice given to such party: Board of County Commissioners Village Manager of Palm Beach CounTy Village of Tequesta County Administrator Governmental Center Blvd. 301 N. Olive Avenue Tequesta, FL 334 West Palm Beach, FL 33401 Fax: Fax: and with a copy to: Palm Beach County Department of Village Attomey Environmental Resources Management Village of Tequesta Director Blvd. 2300 N. Jog Road, 4�' Floor Tequesta, FL 334 West Palm Beach, FL 33411-2743 Fax: Fax: with a copy to: Palm Beach County Attorney's Office Attention: Attorney for ERM 301 North Olive Avenue, Si�rth Floor West Palm Beach, FL 33401 Fax: 10. Indemnification. Each party shall be liable for its own actions and negligence and, to the extent permitted by law, the COUNTY shall indemnify, defend and hold harmless the VILLAGE against any actions, claims or damages arising out of the COLJNT'I"S negligence in connection with this Agreement, and the VII,LAGE shall indemnify, defend and hold harmless the COi1NTY against any actions, claims, or damages arising out of the VII,LAGE's negligence in connection with this Agreement. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall the same be construed to constitute agreement by either party to indemnify the other party for such other party's negligent, willful or intentional acts or omissions. Page 4 full amount of the VILLAGE's Cost Sharing Responsibility for that fiscal year, as computed in paragraph 6. 6. Calculation of Cost Sharin� Responsibilitv. a. The VILLAGE's Cost Share Responsibility for the 2011/2012 fiscal year is $2,778. b. The VILLAGE's Cost Share Responsibility is based on a July 2011 review of the consumptive use permits for each utility in the county, including the VILLAGE, a summary of which is attached hereto as E�ibit "A". During the term of this Agreement, modifications to the VII.,LAGE's or another utility's consumptive use permit will not affect VILLAGE's Cost Share Responsibility. a The County will adjust the VII,LAGE's Cost Sharing Responsibility annually to reflect any increase in the actual cost to implement the Program. However, any such increase shall not be greater than the annual adjustment of the Consumer Price Index (CPI-U All Urban Consumers). 7. Independent Contractor. The parties shall be considered independent contractors. No person employed by any party to this Agreement shall, in connection with the performance of this Agreement or any services or functions contemplated hereunder, at any time, be considered the employee of the other party, nor shall an employee claim any right in or entitlement to any pension, worker's compensation benefit, unemployment compensation, civil service, or other employee rights or privileges granted by operation of law, except through and against the entity by whom they are employed. 8. Party Representatives. The COUNTY's representative during the term of this Agreement shall be Director of the Deparhnent of Environmental Resources Management, whose telephone is (561) 233-2400. T'he VII.,LAGE's representative during the term of this Agreement shall be whose telephone number is (561) _- 9. Notices. All notices required or permitted to be given or delivered by or to any party hereunder, shall be in writing and shall be hand delivered by messenger, courier service or prepaid overnight delivery service, by electronic transmission producing a written confirmation of delivery, or alternatively shall be sent by United States Certified Mail, with Return Receipt Requested. The effective date of any notice shall be the date of delivery of the Notice if by personal delivery, courier services or prepaid overnight delivery service; if mailed, upon the date which the return Page 3 NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein contained, and for other good and valuable consideration, the receipt and sufficiency of which the parties expressly acknowledge, the parties hereto agree as follows: l. The foregoing Recitals are true and correct and are hereby incorporated herein by reference as if fully set forth herein. 2. Purpose of the Agreement. The purpose of this Agreement is to set forth the terms, conditions, and obligations of each of the respective parties hereto to cost share in the COUNTY's implementation of the Program in accordance the Palm Beach County's IJLDC Article 14.B, Wellfield Protection, as amended from time to time. 3. The Term. The term of this Agreement shall commence upon execution by both parties and shall expire five (5) years from the date of execution, unless earlier terminated as provided herein. 4. Oblieations of the COiJNTY. a. The COLTNTY agrees to maintain and manage staff to implement the Program in accordance with the Pa1m Beach County Unified Land Development Code, Article 14.B, as amended from time to time. b. The County agrees to provide modeling for all wells for location and pump rates to create Wellfield Zones of Influence 1, 2, and 3, establish the regional 1 foot drawdown contours (Zone 4), and create map representations of all zones. a The COUNTY agrees to provide permitting and conduct compliance inspections of facilities subject to Article 14.B. d. The COiJNTY agrees to maintain the Groundwater and Natural Resources Protection Board for code enforcement of the Wellfield Protection Program. e. The COL)NT'Y agrees to conduct complaint and spill investigations within wellfield wnes and to maintain a web site and brochure. f. The COUNTY agrees to waive all wellfield permit application, annual renewal and modification fees otherwise applicable to the VII,LAGE. g. By June 1 of each calendar year, the COiJNT'Y will notify the VILLAGE in writing of the VILLAGE's Cost Sharing Responsibility for the upcoming fiscal year running from October 1 to September 30. I ' COmment [SFl]: I am not sure what this means t�rT�� — — —_ — _ or why it is in dris locarion. 5. Obligations of the VILLAGE. By November 30�' of each fiscal year (i.e ~ ��atted: Indent: Left: 1.5 October 1— September 30), the VILLAGE shall pay the COiJNTY the Page 2 �/s/zoii Wellfield Protection Utility Cost Share MGY of Permitted Use Method MGY Permitted Utility Cost Share Surficial usage Amount PBC 32846.00 $175,839 Boca Raton 18811.00 $100,704 Jupiter 6862.00 $36,735 Seacoast Utility 8584.00 $45,850 Delray Beach 6937.00 $37,137 Boynton Beach 5305.00 $28,400 Riviera Beach 4260.00 $22,806 Acme 2559.00 $13,699 Lake Worth 2765.00 $14,802 Palm Springs 1733.00 $9,278 West Palm Beach 1160.00 $6,210 Lantana 907.00 $4, 856 Teq uesta 518.92 $2, 778 Mangonia Park 212.00 $1,132 totals 93459.92 $500,225 Cost per MGY: $5.35 Values for MGY Permitted Surficial Usage were developed from a July, 2011 review of SFWMD consumptive use permits for surficial aquifer allocations. U:lusers\bfinnera\ RP1Wellfield Cost SharelWF Utiltiy Cost Share 7_08_2011 rev.xls