R17-005 RESOLUTION NO. R17-005
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE
6 CITY OF BOYNTON BEACH AND NORTHERN PALM
7 BEACH COUNTY IMPROVEMENT DISTRICT (NPDES)
8 FOR THE CITY'S STORMWATER NATIONAL
9 POLLUTANT DISCHARGE ELIMINATION SYSTEM
10 FOURTH CYCLE PERMIT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, Palm Beach County has a cooperative program involving forty (40) co-
14 Permittees, the Florida Department of Environmental Protection and the United States
15 Environmental Protection Agency to administer annual stormwater NPDES permitting; and
16 WHEREAS, this Interlocal Agreement deals with stormwater discharge permit
17 requirements issued by the Florida Department of Environmental Protection (FDEP), and the
18 countywide coordination of the permit requirements; and
19 WHEREAS, the permit regulates stormwater discharges from the municipalities, special
20 districts, and other agencies in Palm Beach County, and will enable us to continue to coordinate
21 our stormwater activities with other agencies countywide; and
22 WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the
23 best interests of the citizens and residents of the City of Boynton Beach to enter into this NPDES
24 Fourth Cycle Permit Interlocal Agreement;
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
26 CITY OF BOYNTON BEACH, FLORIDA, THAT:
27 Section 1. Each Whereas clause set forth above is true and correct and incorporated
28 herein by this reference.
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Reso.doc
29 Section 2. The City Manager is hereby authorized and directed to sign an Interlocal
30 Agreement between the City of Boynton Beach, Florida and Northern Palm Beach County
31 Improvement District for the City's stormwater National Pollutant Discharge Elimination System
32 Fourth Cycle Permit, a copy of which agreement is attached hereto as Exhibit "A".
33 Section 3. This Resolution shall become effective immediately upon passage.
34 PASSED AND ADOPTED this 17th day of January, 2017.
35
36 CITY OF BOYNTON BEACH, FLORIDA
37
38 YES NO
39
40 Mayor— Steven B. Grant
41 V
42 Vice Mayor—Mack McCray
43
44 Commissioner—Justin Katz
45
46 Commissioner—Christina L. Romelus
47
48 Commissioner—Joe Casello r/
49
50
51 VOTE 64
52
53 ATTEST:
54
55
56 aat:671-a'
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57 Jth A. Pyle, CMC/
58 City Clerk
59 er,w
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61
62 (Corporate Seal) \4 , 1
63 y ¢„ .. �
64 - A
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MS4 NPDES FOURTH CYCLE PERMIT'
INTERLOCAL AGREEMENT
This MS4 NPDES Fourth Cycle Permit Interlocal Agreement(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 CITY OF BOYNTON BEACH (hereinafter referred to as "the Co-
Permittee").
WITNES SETH:
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 to 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
NPDES Permits pursuant to individual interlocal agreements between each Co-Permittee and the
Lead Permittee; and
WHEREAS, the parties hereto have previously entered into interlocal agreements
regarding the MS4 NPDES Permit, most recently a Third Term Permit Interlocal Agreement,
which agreement continues from year to year, subject to the annual Funding Year 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 March 1,2016; 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 Fourth 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 agreement, are expressly
excluded from and not a subject of said agreement unless and until agreed to by written agreement
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
necessitating 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 undersigned parties, for and in consideration of the mutual benefits set forth herein,
do hereby enter into this Agreement and represent,covenant, and agree with each other as follows:
SECTION ONE
REPRESENTATIONS
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 City of Boynton Beach is hereby designated as a Co-Permittee
for the purposes of this Agreement and each MS4 NPDES Permit.
SECTION THREE
TERM OF AGREEMENT
3.01. Agreement 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 Funding Year(as
hereinafter defined) renewal process set forth in following 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. Funding 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 Agreement 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 Obligations
(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 the 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
standards, 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 the 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 Approving 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, Management 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 Budget. 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 i 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 Funding. 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 Funding Year Payment. In addition to the surplus funds referenced in Section
5.03 above,the parties agree that for the upcoming 2016/2017 Funding Year,the Co-Permittee has
paid the Lead Permittee the sum of Thirty-Six Thousand Sixty-One dollars ($36,061.00), which
4
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 Funding 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 Funding. 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 of the nature described in following
Section 6.03 are incurred.
5.07. Future Funding 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 31st of each
following year. The Lead Permittee and Co-Permittee shall have until July 31' of each'year to
arrive at a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee
for the immediately upcoming Funding 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 Funding Year of a MS4 NPDES Permit Tenn. It is assumed that during the
last Funding 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 all 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 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 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 Funding Year. The First Funding Year payment for the current 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 installments commencing on October 15,2016,and thereafter on the
15th day of each subsequent month during the First Funding Year (such payment dates being
hereinafter referred to as "Payment Due Date(s)"). In addition, an alternative 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 Funding 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 15th 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 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.
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 Permittee 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 Permittee'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 shall 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 additional 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 Pay. 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 Lead Permittee under the terms of this Agreement may be suspended
and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty
(30)days prior written notice to the Co-Permittee unless 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 Agreement 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 Permit.
7.03. Costs and Expenses. 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 Agreement, 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 all of its Lead Permittee Services. Since the Co-
Permittee's payments under this Agreement represent only a portion of what the Lead Permittee
will have to pay its consultants and contractors for their services, 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 share 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 obligations as assumed herein, shall be made available to the Co-Permittee.
SECTION EIGHT
ENFORCEMENT, VIOLATIONS,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 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 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 complaining 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 following 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: coli" Gto ,p.E.
Title: is,ssi.st.,Nt C�� r-Lcir.c e,r
Name of Permittee: C syr ,a-=,-ae��c�
Address:t -4 S Woo to , (Zook.
t3a�r.$Qc.�eC.Z5J., F1 4'3'4-
Attn: Y1" ele--csvr..aS,T.c _
Phone: - 24
Fax:
Email: s @ bb.‘ • Lis
9.02. Entire Agreement. This Agreement represents the entire understanding and
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,ancestry,marital status
or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination
under any activity carried out by the performance of this Agreement.
9.05. 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.
9.06. Assignability. The responsibility for carrying 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. Severability. If any part of this Agreement is contrary to,prohibited by or deemed
invalid under applicable law or regulation, such provision shall be inapplicable and deemed
omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be
invalidated thereby and shall be given full force and effect so far as possible,unless the prohibited
or invalid provision reduces the payment obligations of the Co-Permittee, in which event this
Agreement may be thereupon terminated by the Lead Permittee.
9.08. Governing Law and Venue. This Agreement and all transactions contemplated by
this Agreement shall be governed by, and construed and enforced in accordance with, the internal
laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of
all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and
for Palm Beach County, Florida, and each party hereby waives whatever their respective rights
may have been in the selection of venue.
9.09. 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.
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 regarding 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 Agreements. 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 shall be effective as of the date it is filed 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
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IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereafter written.
EXECU IED by Lead Permittee this aD KID_day of Ari ,20 II .
ATTEST: NORTHERN PALM BEACH COUNTY
IMPROVEMENT iISTRICT
By: /.r . ~ B
A -.Secretary Print: _ _ It., __ J 1ki_KJ
Title:
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'�Icyv?�•, EISTED by Co-Permittee this day of 20 .
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ATTEST: CITY OF BOYNTON BEACH
By: "Af � Lf By: de_ Nie./..,...._0—e___
JUu(ut A. yle ,
Clerk Print: Lc,N. ,,(--6%•.- i c� .. P v
Title: C-`, �M a Ir.o. ..rcZ„\---
[SEAL]
APPROVED AS TO FORM AND *14ur"- :..,
LEGAL SUFFICIENCY / k
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11
(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 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 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 III.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 III.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 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 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 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 required by the Permit.
II. 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.
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, 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 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.
EXHIBIT"B"
RESOLUTION NO. 2016-17
RESOLUTION OF THE BOARD OF SUPERVISORS OF NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT APPROVING
REVISIONS/UPDATES TO THE.MS4 NPDES STEERING COMMITTEE
ADMINISTRATIVE PROCEDURES FOR. COLLECTION, MANAGEMENT
AND DISBURSEMENT OF NPDES INTERLOCAL AGREEMENT FUNDS
WHEREAS, NORTHERN PALM BEACH COUNTY 1MPROVEMENT 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 2000-467,Laws of Florida,as amended and/or supplemented;
and
WHEREAS, the Florida Department'of Environmental Protection ("FDEP") issued a
National Pollutant Discharge Elimination System Permit No. FLS000018 (the "MS4 NPDES
Permit") which is applicable to a number of governmental entities located in Palm Beach
County,including Northern;and
WHEREAS, the Co-Permittees that make up the governmental bodies subject to the
NPDES Permit previously 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 MS4 NPDES Permit and the 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 in the process of entering into separate
Interlocal or Joint Participation Agreements with each of the Co-Permittees, which Agreements
set forth the parties' respective duties and obligations regarding ftulfllment of the terms and
conditions of the MS4 NPDES Permit;and
WHEREAS, a seven 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,one(1)representative for Palm Beach County,and the Lead Permittee;and
WHEREAS, in January of 2011, 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 Procedures for the collection, management and
disbursement of NPDES Interlocal Agreement Funds, which Administrative Procedures were
thereafter adopted by Northern;and
WHEREAS, on March 21, 2012, the NPDES Steering Committee adopted revised
Administrative Procedures for the Collection, Management and Disbursement of NPDES
Interlocal Agreement Funds;and
WHEREAS.a new MS4 NPDES Permit was issued by FDEP to the District and the other
Co-Penntuees on September 8,2016;and
WHEREAS. it is necessary to further revise the Administrative Procedures to update the
years for the alternative payment schedule contained in Section I of said Procedures, and to
make minor clerical revisions;and
WHEREAS, at its meeting held September 21, 2016. the NPDES Steering Committee
recommended such updates be made to said Procedures;and
WHEREAS. Northern has been asked to adopt and comply with the Revised NPDES
Steering Committee Administrative Procedures as recommended by the NPDFS Steering
Committee on September 21. 2016 for the purpose of administering the funds it receives as the
Lead Permittee 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 attached Revised NPDES Steering Committee
Administrative Procedures as recommended by the NPDES Steering Committee on September
21,2016.
2. That Northern Palm Beach County Improvement District does'hereby incorporate by
this reference the attached Revised NPDES Steering Committee Administrative Procedures as
recommended by the NPDES Steering Committee on September 21, 2016 into each NPDES
interlocal and/or Joint Participation Agreement that it enters into with a Co-Pernittee.
3. That the January 2011 Administrative Procedures as revised on March 21. 2012 and
all resolutions or parts of resolutions in conflict herewith arc hereby repealed.
4. This Resolution shall take effect immediately upon its adoption.
„,THIS RESOLUTION PASSED AND WAS ADOPTED THE 26TH DAY OF
• qi 7016.
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As Revised 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 Agreement 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 Funding 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 will 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 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
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 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. Budget Accounting Documentation. 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 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 Contingency Expenditures. Prior to any expenditures by NPBCID of
funds 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 Reserve 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 Agreement Budget Adoption Process. All future MS4 NPDES
Interlocal Agreement Funding Year budgets shall be adopted in accordance with the following
procedure:
(A) On or before January 31'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) Adoption 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 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, Iine item budget transfers.
APPROVED AND ADOPTED THIS 19th DAY OF JANUARY,2011.
ATTACHMENT"A"
MS4 NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT
FISCAL YEAR _T
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 X.XX
TOTAL EXPENDITURES X.XX X.XX
FUND BALANCE AT [date] XXX,XXX.XX
RESERVE FOR CONTINGENCIES -XX,XXX.XX
UNRESERVED FUND BALANCE XXX,XXX.XX