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HomeMy WebLinkAboutDocumentation_Regular_Tab 08_12/08/2016 i ;.� �� 1� �, ;,�. � I Comprehensive Analysis Utilities Department To: Michael Couzzo, Village Manager From: Sam Heady, Deputy Director of Utilities Date: 11/16/16 Subject: NPDES Permit t Interlocal Agreement I respectfully present the following Comprehensive Analysis to the Village Manager. The Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System (NPDES) permit allows a permittee to discharge stormwater from its stormwater collection and conveyance system into a receiving water owned by the state and/or federal government. The NPDES permit authorizes certain activities to be conducted through cooperative efforts via interlocal agreements. In Palm Beach County each permit cycle, the lead permittee Northern Palm Beach County Improvement District (NPBCID) enters into inter-local agreements with each of the remaining permittees to oversee the joint activities. The last agreement was signed in March 2011. I I� MS4 NPDES FOURTH CYCLE PERMIT INTERLOCAL AGREEMENT Tfiis MS4 NPDES Fourth Cycle Permit Interlocal A�reement (the "Agreement") is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the "Lead Permittee"), , and VILLAGE OF TEQUESTA (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 (with it and all such subsequent permits being hereinafter referred to as the "MS4 NPDES Permit") to approximately forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System ("MS4") Permittees (hereinafter referred to jointly as the "Permittees"); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES 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 also set fees to effect the legislative intent that FDEP's costs for administering the NPDES Permit be borne by the regulated entities; and WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and WHEREAS, the MS4 NPDES Permits granted by FDEP Yo the Permittees contain separate obligations and responsibilities � for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees; and WHEREAS, the Permittees previously established a� 7-member Steering Committee comprised of two (2) representatives of large municipalities, two (2) representatives of smaller municipalities, one (1) representative of special districts, one (1) representative from Palm Beach � County, and the Lead Permittee, which Committee will continue to coordinate the joint activities conducted under the MS4 NPDES Permit, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit; and WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit, it has been previously determined that it would be more economically and administratively feasible to allocate duties, responsibilities, and costs associated with the MS4 1 NPDES Permits pursuant to individual interlocal a�reements between each Co-Permittee and the Lead Permittee; and WHEREAS, the parties hereto have previously entered into interlocal agreements regazdin� the MS4 � NPDES Permit, most recently a Third Term Permit Interlocal Agreement, which agreement continues from yeaz to year, subject to the annual Funding Yeaz renewal process set forth in Section 3.03 of said agreement, unless otherwise terminated in accordance with other provisions of said agreement; and WHEREAS, the MS4 NPDES Third Term Permit expired Mazch 1, 2416; and � WHEREAS, the Permittees timely submitted a re-application for a permit renewal, thereby administratively continuing the MS4 NPDES Third Term Permit until such time as a new NPDES permit was issued; and WHEREAS, FDEP issued an MS4 NPDES Permit for a I'ourth Cycle, hereinafter referred to as the "MS4 NPDES Fourth Cycle Permit", on September 8, 2016; and WHEREAS, Section 4.02 of the NPDES Third Term Permit Interlocal Agreement provides, in pertinent part, that any changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of that a�reement, are expressly excluded from and not a subject of said agreement unless and until agreed to by written a reement g of the parties; and . WHEREAS, the MS4 NPDES Fourth Cycle Permit contains several changes, modifications, revisions, or additions to the terms of the MS4 Third Term Permit, thereby necessitatmg this MS4 Fourth Cycle Permit Interlocal Agreement in lieu of an amendment to the prior agreement; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida � Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as _ amended, the undersi�ned parties, for and in consideration of the mutual benefts set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATI�NS 1.01. Recitals. 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. SECTION TWO DESIGNATION OF PARTIES 2 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02. Co-Permittee. The Village of Tequesta is hereby designated as a Co-Permittee for the purposes of this A�reement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT . 3.01.. A�reement Term. The term of this Agreement begins as of the date it is signed by the last of the parties, and shall continue from year to year, subject to the annual Fundin� Year (as hereinafter defined) renewal process set forth in foliowing Section 3.03, unless otherwise terminated in accordance with other provisions of this Agreement. The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. � � 3.02. Fundin�Year. The term "Funding Year" is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless: (i) a party to this A�reement provides written notice of non-renewal to the other party at least thirty (30) days prior to the end of the then-current Funding Year, or (ii) the Agreement has been previously terminated as provided herein. SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obli ations , (i) 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"). The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in writing by the Co-Permittee and incorporated into Exhibit "A" and made a part of this Agreement. All revisions to Exhibit "A" shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. (ii) The Co-Permittee shall be responsible for such other duties and obligations which are specifically identified as being its individual responsibility in the MS4 NPDES Permit. 4.02. Modifications to MS4 NPDES Permit In accordance with Section 403.067, Florida Statutes, MS4 NPDES permits must be consistent with fhe requirements of FDEP-adopted TMDLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP-approved changes in water quality 3 standazds, or other information show a need for a different limitation or monitoring requirement. It is understood and agreed that any other changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to tfie Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01. Administrative Procedures. The procedures to be followed by the Lead Permittee regarding the collection, management and disbursement of the Co-Permittee payments are set forth in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approvin� the NPDES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto as Exhibit "B". Section 2 of the Resolution incorporates by reference the "NDPES Steering Committee Administrative Procedures for Collection, Mana�ement and Disbursement of NPDES Interlocal Agreement Funds" (the "Procedures) which are incorporated into this Agreement and are to be followed by the parties to this Agreement. The Resolution and the Procedures may be amended from time to time upon the approval of the MS4 NPDES Steering Committee and the Lead Permittee. However, the Co-Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the MS4 NPDES Steering Committee prior to any action being taken on said proposed amendments. Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co-Permittee. 5.02. Annual Bud�et. Since this Agreement is anticipated to be renewed for a number of Funding Years, the parties acknowledge that it is not`in their respective best interests to project the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately 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 during each Funding Year. 5.03. Prior Fundin�. The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision , of Lead Permittee Services during the next Funding Year period. _ 5.04. First Fundin� Year Payment. In addition to the surplus funds referenced in Section 5.03 above, the parties agree that for the upcomin� 2016/2017 Funding Year, the Co-Permittee has paid the Lead Permittee the sum of Two Thousand Nine Hundred Sixty-Seven dollars ($2,967.00), 4 which sum represents payment of both the Lead Permittee's Services for the upcoming Funding Year of this Agreement and the ten percent (10%) Reserve Fund Contingency required pursuant to Section 5.05. � 5.05. Reserve Contingency. The parties acknowledge that each Fundin� Year payment will include a ten percent (10%) reserve fund contingency (the "Reserve Fund Contingency") for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. � � 5.06. Current Fundin�. The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2016/2017 Fiscal Year unless unexpected additional costs and expenses af the nature described in following Section 6.03 are incurred. 5.07. Future Fundin� Year Payments. The parties: (i) acknowledge that on or before January 31, 2016, the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all � subsequent Funding Year budget estimates will be provided on or about January 31 st of each following year. The Lead Permittee and Co-Permittee shall have until July 31S` of each year to arrive at a mutually acceptable dollar amount to be paid by the Co-Perinittee to the Lead Permittee for the immediately upcoming Fundin� Year, which shall be paid pursuant to Section Six of this Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08. Final Fundin� Year of a 1VIS4 NPDES Permit Term. It is assumed that during the last Fundin� Year of the term of each MS4 NPDES Permit, . the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party's duties and obligations hereunder, together with the funding process for provision of Lead Permittee Services, will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09. Separate Co-Permittee Expenses. In addition to the payments required to be paid by the Co-Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co- Permittee shall be responsible for alI other costs and expenses relating to its individual duties and obligations under a MS4 NPDES 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 a MS4 NPDES Permit, (2) costs of all monitorin� 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 a MS4 NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE � 5 The Co-Permittee agrees to pay each of its Funding Year payments as follows: 6.01. First Fundin�Year. The First Funding Year payment for the cunent MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15, 2016 or in twelve (12) equal monthly installmenfs commencing on October 15, 2016, and thereafter on the 15th day of each subsequent month during the First Fundin� Yeaz (such payment dates being - hereinafter referred to as "Payment Due Date(s)"). In addition, an aiternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein, may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Fundin� Year Payments. Once a Funding Year payment amount has been agreed upon, the Co-Permittee may, at its option, pay the entire agreed-upon amount in a single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly installments commencing on October 1 Sth of that Funding Year and thereafter on the . 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred to as "Payment Due Date(s)"). In addition, an alternative payment scheduIe allowing for quarterly payments, pursuant to the Procedures found herein, may be utilized by the - Co-Permittee, unless and until such time as the Procedures are amended to eliminate said atternate payment schedule. 6.03. Additional Costs. Since it is possible that following the parties' agreement as to a particular Funding Year's 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 Perinittee Services ' for that Funding Year, the parties agree as follows: (i) 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, 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 Peimittee's intent to draw down funds from 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. , . (ii) 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 address the need for such excess amount in the above subparagraph (i) notice to the Co-Permittee. The Lead Permittee and Co-Permittee shall then attempt to negotiate a. payment procedure for the unfunded and unexpected additional costs and expenses. (iii) If the Lead Permittee and Co-Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses, their agreement shail be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30) days of their agreement in writing or divided by 6 the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. � (iv) If the Lead Permittee and Co-Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additianal costs and expenses, 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. 6.04. Failure to Pav. Unless otherwise agreed to in writing by and between the parties . hereto, if a Funding 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, the duties and obligations assumed by the L,ead Permittee under the terms of this Agreement may be suspended _ and/or terminated by the Lead Permittee, at its sole discretion, folIowing the provision of thirty (30) days prior written notice to the Co-Permittee unless cured by the Co-Permittee by payment in full of the omitted payment within said thirty (30) day notice time period. SECTION SEVEN OPTION TO TERMINATE 7.01. Termination. Either party to this Agreement shall have the right to terminate this Agreement at will and without cause, provided 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. Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the "Termination Date"). In addition to the aforementioned termination rights, the A�reement may be terminated as provided in Sections 5.07, 6.03{iv), and 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co-Permittee. Thereafter,�the Lead Permittee and other Permittees shall not be responsible for said terminating Co-Permittee's individual obligations under the applicable MS4 NPDES Pertnit. 7.03. Costs and E�enses. Irrespective of which party elects to terminate 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 A�reement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order � for the Lead Permittee to provide some or aIl of its Lead Permittee Services. Since the Co- Permittee's payments under this A�reement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co-Permittee will not be 7 entitled to receive a refund from the Lead Permittee for any monies that the Co-Permittee has previously paid pursuant to this Agreement unless 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. In that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for its allocable shaze of the amount of such reduction in costs and expenses. 7.05. 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 obli�ations as assumed herein, shall be made available to the Co-Permittee. SECTION EIGHT � ENFORCEMENT, VIOLATTONS. AND/OR DEFAULT � 8.01. Enforcement. The designation herein of 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 applicable MS4 NPDES Permit as to the other party. _ 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negli�ent 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 its sovereign immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complainin� party to the other party, The parties' representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F.S., or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be {as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e-mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the foilowing addresses: As to Lead Permittee: Northern Palm Beach County Improvement District � 359 Hiatt Drive � Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax: (561) 624-7839 8 • ' With a copy to: Betsy S. Burden, Esq. Caldwell Pacetti Edwards Schoech & Viator LLP 1555 Palm Beach Lakes Blvd., Suite 1200 West Palm Beach, Florida 33401 Phone: (561) 655-0620 Fax: (561) 655-3775 Email: burden@caldwellpacetti.com As to Co-Permittee: Name of Authorized Representative: 011�n hi Title: � 'S Name of Permittee: � '- Address: . 3 Attn: Phone: �Ot U4�3 Fax: SCQI- �4a`I- Oaa �( Email s�v��ea�c�s�a _org 9.02. Entire Agreement. This Agreement represents the entire understanding and I agreement between the parties with respect to the subject matter hereof. 9.03. 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. 9.04. Discrimination. The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancesficy, 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. 9.05. Binding Effect. All of the terms and provisions of this A�reement, whether so . expressed or not, shall be binding upon, inure to the benefit of, and be enforceabie by the parties and their respective legal representatives, successors, and permitted assigns. 9.06. AssignabilitX. The responsibility for canying out any task assumed by a party to this Agreement, but not the obligation to pay, may be assigned by the party upon receipt of written approval from the other party, which approval shall not be unreasonably withheld. 9 9.07. Severabilitv. IFany part of this Agreement is eontrary 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 obli�ations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. � 9.08. Governin� 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 herewrth shall be exclusively in the Ftfteenth Jud�c�al Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective`rights ma have been in the selection of venue. Y 9.09. Headin�s. 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. 9.10. 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 regazding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement . and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt, - supersede, and control the provisions of this Agreement. 9.12. 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. . 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 9.14. Termination of Prior A�reements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. � 9.15. Effective Date. This Agreement shalI be effective as of the date it is f led with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. (Balance of Page Intentionally Left Blank.) 10 IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this day of , 20 ATTEST: NORTHERN PALM BEACH COUNTY II�iPROVEMENT DISTRICT By: By: Secretary Print: Title: [DISTRICT SEAL] , EXECUTED by Co-Permittee this day of , 20 ATTEST: VILLAGE OF TEQUESTA B B. Y� Y' e , Cl rk Print: Title: [SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: 11 I � (From Fourth Cycle Permit ILA) EXHIBIT "A" LEAD PERMITTEE RESPONSIBILITIES The responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities to be conducted for compliance with the Permit. II. The timely preparation, coordination, and submittal to FDEP each year durin� the term of this Agreement, of an annual report describin� the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the MS4 NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part III.A.6, Part II�.A.7.e. and Part III.A.7.f. as approved by the MS4 NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of . Part III.A.7.c, Part A.7.d, Part III.A.9.b, and Part ITI.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VI. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program included in � Part V.B. of the MS4 NPDES Permit. VIII. � The timely coordination, and assistance with the activities associated with the Total Maximum Daily Load (TMDL Pro�ram) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as agreed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be incorporated herein and made a part of this agreement. (From Third Term Permit TLA) EXHIBiT "A" LEAD PERMITTEE RESPONSIBILITIES The, responsibilities of the Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. IT. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by the NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public � education and outreach program required by Part III.A.6, Part III.A.7.e. and Part � III.A.7.f. as approved by the NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part III.A.7.d, and Part III.A.9.b and Part III.A.9.c of the MS4 NPDES permit, as approved by the MS4 NPDES Steering Committee. VT. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the IVIS4 NPDES Permit. VII. The� timely preparation, coordination, and execution of a monitoring program included in Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, assessment, monitoring and execution of activities associated with the Total Maximum Daily Load (TMDL Program) as required by � Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP; subject to the timely and sufficient collection of same for all other permittees. The Lead Permittee Services described herein may be revised from time to time as required by each MS4 NPDES Permit, as a�reed to in writing between the MS4 NPDES Steering Committee and Northern Palm Beach County Improvement District, which revisions shall be , incorporated herein and made a part of this agreement. EXHIBIT "B" RCSOLUTION N0, 2016-17 RESOLUT[ON OF THE BOARD OF SUPERV(SORS OF NORTHERN PALM E3EACH COUNTY IMPROVEMCNT DISTRICT APPEtOVING REVISIONS/UPDA1'E=S 'f0 '1'HE MS4 NPDES S'['EERRVG COMM[TTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION� Iv9ANAGEMENT AND DISBURSF.MENT OI' NPDES INTERLOCAL AGREEMENT FUNDS WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT D[STRICT ("Northern") is an independcnt special distr'sct duly organizcd and validly existing under the Constitution and the Laws of the State of FloridA, includi�g applicablc provisions of Chapter 298. Florida Statutes. and Chapter 2000-467, Laws of Florida, as amended and/or supplemented; nnd WHCREAS, thc Fiorida Department of Fnviranmcntal Protection ("FDCP") issued a Nationat Poliutant Uischacge Elimination System Pcrmi[ No. FLSOOOOl8 (the "M54 NPDES Permit") which is applicable to a number of governrnental entities located in Palm Beach County, including Northern; and Wf-�EIZ�AS, the Co-Permittees that make up the governmental bodies subjcct to the ' NPDES Pcrtnit previously nominuted and appoin�ed Northern as the "Lead Permittee" for the purposes of assisting aU Co-l�ermittees in Ihe collection of �eneral dnta required to be collected pursuant to thc MS4 NADES Permit and the submission of reports to the Ftorida I?epartment af Environmental Protection and the United 5tetes Enveronmental f'rotection Agency; and WHCREAS, as the Lesd Acrmittee, Northern is in ihe process of entering into separate Interlocal or Joint Participation Agreements witlt each of the Co-Permittces, which Agreements set forth thc parties' respective dutics and obligations regarding fulfipenent of ths terms and conditions of the MS4 NYll�S Percnit; and WMEREAS, a srven membcr NPD�S Steerin6 Cumrnittee has becn selected by the Co- Permittees, which Stecring Committee is comprised of two {2) representatives of large mani�ipalities, two (Z) representatives of sm�ller municipafities, one (1) representat�ve of specia) districts, one (1) representativc for Ya(m Beach County, and the Lesd Permittee; and WI�iFREAS. in January of 2Q11, the NPDES Steering Committcc� in ordcr to provide a level of accountability and fiscal control for the benefit of all NPDCS Co-Permitt�ees as it relates to the [ntertocaf and/or Joint Parti�ipation A�recments bcing cntered into betwcen Northern and each Co-Pcrmittee, adopted Administrative Procedures for the collection, management and disbursement of NPDES lntcrlocal A�;reernent Ftinds� which Administrative Procedures were ther�eafter adopted by Northern; and WHEREAS, on March 21, 2012, the Nl'UES Steering Committee adopted revised Administrntive Procedures for the Collection, Manegement and Disbursement of NPDES Interlocal Agreemcnt Funds; and i WHEREAS, a new MS4 IVPDES Permit wati issucd by rDEP to thc District mid the ather � CaPenniucex on Septembcr 8. 2016; nnd WH'F.RFAS, i� i� iiecesx�ry to fiirther revise die Adn»n�rlrn�ive Pracedw�s to updutc the yenrs for the niternutive payment schedule co�ttaineci in Section t of caid Procedure�, ui►d to make minor ciericnl revisions: t�nd WHF.REAS. a� its mecting hcld Sentember ?!. 2Q16, ihe NPDFS Steering Comniittee recommended sueh updnces he mude to suid Prucedures; and � WHEREAS. Nonhern hAS beerr a.sked to nclopt m�cl eomply with �he Revised NPDES Steering Committee Adminititrnti�e Prc�ccdureti as r�commcnded by Ihe NPDFS Steering � Committcc on Septe�nber 21. 2016 for thc purpose nf Admini+tering the funds it receives as the Le�d Pennittee pui:,uani to encb NPDES lnte�iacal ar Joint Particinntion Agr$cment. NOW. 'I'HE1t�FOFt�. bc it resolvcd by thc BoArd of Supcivisors of Northern P�1m Bench County Impruvemeut District ns follows: 1. Nortliern Pulm Beach Caunty [mnrovement Dixtrict doe.a hereby adopt nnd agree to cumply witb the tenn+ and condilions �C thc AttacheQ Revised NPDES Stcerin� Cornmittec AdininisuutivC Prucedures a� recununenducl by lhe NPDES Steering Cummiuee on September 2l. 2016. 2. Thut Norihern Palm Beucli Co{�nty lmprovcment Di�trict dces hcreby incorpoittte by � tl�is refet�ence tlie attached Revised NPDFS Steering Comn�i�tee Administrativr Procexluri;s as recommcnded by Ihe NPDES Steering Committee an Scptember 21, 2Q16 into ench NPDES _ Interlarnl andlarJoint P :�rticipation Agreement thai ii enters into with a CaPcrmittee. 3. Thal �he Januury �011 Administrntive Proceclures n, revixed on Marcb 21. 2012 un� all resol�uiaus or parts of �esolutioi�s in canflict I�erewiih are hcreby repeulcd. 4. Tliis Resolution sl�nll tnke effecc immedintely upon itx udoption. ������'�'HIS RESOLUTION PASSED AND WAS ADOPTED THE 26TH DAY OF � �� a �(Ilb. • .� , . A : ��� • • �� : �;: D T! 5�1L) NOR'fHERN PALM BEACH COUNTY � 6 .. ��1 �� : y ; IMPROVEMENT nI.STRiCT . ;z�;. 'o= L . , `��;�y,����� HY; �---. '' � ' �' • Print: .• Ti�le• f� Titte• As Revisecl by Steering Committee March 21, 2012; - As Further Revised by Steering Committee September 21, 2016 MS4 NPDES STEERING COMMITTEE ADMINISTRATIVE PROCEDURES FOR COLLECTION, MANAGEMENT AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS The MS4 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, one (1) representative for Palm Beach County, and the Lead Permittee), has adopted the following administrative procedures in order to provide a level of accountability and fiscal control for the benefit of the MS4 NPDES Co-Permittees. . The administrative procedures adopted by the Steering Committee are as follows: 1. Alternative MS4 NPDES Interlocal A�reement Payment Schedules. In addition to the two (2} payment options set forth in Paragraphs 6.01 and 6.02 of the MS4 NPDES Interlocal Agreement, a Co-Permittee shall also be entitled to elect to pay the annual Fundin� 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 Funding Year are required to be paid on or before October 1, 2016, January 1, 2017, April 1, 2017 and July 1, 2017, with all future Funding Year quarterly payments to be paid in accordance with the same quarterly payment schedule. NPBCID wili be issuing one (1) invoice to each Co-Permittee for its annual Funding 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 Accountin� 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 Funding Yeaz quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the MS4 NPDES Interlocal Agreements. (B) The quarterly income and disbursement report shall be prepared by NPBCID in accordance with the format set forth in attached Attachment "A." 3. Bud�et Accountin� Documentation. A quarterly budget accounting report shall be prepazed by NPBCID. The report shall be delivered to the Steering Committee within forty-five (45) days following the end of each Funding Year quarter and thereafter distributed by the Steering Committee to the representative(s) of each Co-Permittee as identified in the MS4 NPDES Interlocal Agreement. 4. Reserve Fund Contin�ency Expenditures. Prior to any expenditures by NPBCID of fitnds contained in the Reserve Fund Contingency account identified in the MS4 NPDES Interlocal � Agreement, for expenses not previously addressed at a Steering Committee meeting, NPBCID � shall notify and consult, if time permits, 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 Reser.ve Fund Contingency, NPBCID shall notify the affected Co-Permittee(s) � and the Steering Committee of 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 for discussion and recommendation purposes to the Co-Permittees at the next regularly scheduled MS4 NPDES Steering Committee meeting (unless it is an emergency matter in which event a special meeting will be promptly scheduled and notice given to all Co-Permittees). � 6. MS4 NPDES Interlocal A�Leement Bud e� t Adoption Process. All future MS4 NPDES Interlocal Agreement Funding Year budgets shail be adopted in accordance with the following procedure: (A) On or before January 31S` of each Funding Year, NPBCID shall prepare and present . to the Steering Committee a proposed budget for the next Funding Year. (B) The Steering Committee shall consider the proposed next Funding 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) Adopfion of the next Funding Year's budget shall require the approval of a super- . , majority of at least five (5) members of the Steering Committee. . (D) As a part of the Steering Committee's consideration of the next Funding 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 shares. "Surplus funds" for the purpose of this administrative guideline may include unexpended and unencumbered present Funding Yeaz 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 bud�et transfers. APPROVED AND ADOPTED THIS 19th DAY OF JANUARY, 2011. . . ATTACHMENT "A" . �. MS4 NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT FISCAL YEAR FOR PERIOD TO CASH ON HAND (datel XXX,XXX,XX REVENUE: TO AGREEMENT FEES XXX.XXX.XX TOTAL REVENUES XXX.XXX.XX XXX.XXX.XX TOTAL CASH AND REVENUES AVAIL XXX.XXX,XX FOR EXPENDITURES EXPENDITURES PAID DURING TO ENGINEERING X,XX OTHER PROFESSIONAL FEES X.XX MISCELLANEOUS EXPENSES X.XX GOVERNMENTAL REGISTRATION FEES X.XX LEGAL �{,� TOTAL EXPENDITURES X.XX X.XX FUND BALANCE AT (datel XXX,XXX,XX RESERVE FOR CONTINGENCIES -XX,XXX.XX UNRESERVED FUND BALANCE XXX.XXX.XX RESOLUTION NO. 41-16 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF . TEQUESTA, APPROVING AND AUTHORIZING EXECUTION OF AN NPDES FOURTH CYCLE PERMIT INTERLOCAL AGREEMENT WITH NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, THE LEAD PERMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, Northern Palm Beach County Improvement District ("District") is an independent special district of the State of Florida, operating in accordance with the provisions of Chapter 2000-467, Laws of Florida, as amended and supplemented, and applicable provisions of Chapter 298, Florida Statutes; and WHEREAS, the District is the lead Co-Permittee for the Palm Beach County NPDES . . program; and WHEREAS, the Village of Tequesta is one of the Co-Permittees with the District in regard to the subject Palm Beach County NPDES program; and WHEREAS, the NPDES Permit authorizes certain activities to be conducted through cooperative efforts via interlocal agreements; and WHEREAS, the Village of Tequesta and the District wish to enter into the attached interlocal agreement which sets forth each party's respective duties and obligations pertaining to the Palm Beach County NPDES program. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE , VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Village Council hereby adopts Resolution 41-16 authorizing the Agreement between the District and-The Village of Tequesta. Section 2. This Resolution shall take effect immediately upon its adoption.