R91-94RESOLUTION NO. R91-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AN INTERLOCAL AGREMENT, BETWEEN
THE CITY OF BOYNTON BEACH AND NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT; A COPY OF SAID INTERLOCAL
AGREEMENT IS ATTACHED HERETO AS EXHIBIT
"A"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, a number of municipalities and independent special
listricts have expressed an interest in entering into a ]oint
~pplication to the Federal Environmental Protection Agency for
~he National Pollutant Discharge Elimination System (NPDES)
~ermit which is now being required of designated municipalities
~nd independent special districts within the county in order to
~ddress stormwater discharqes into waters of the United States;
and
WHEREAS, the City Commission of the City of Boynton Beach,
Florida believes it is in the best interest of the residents of
the City to enter into an Interlocal Agreement with the Northern
Palm Beach County Water Control District, said Agreement being
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The
~atified and confirmed as
herein by reference.
Section 2. The
authorized to execute a
"WHEREAS" clauses above are hereby
being true and correct and incorporated
Mayor and City Clerk are hereby
certain Interlocal Agreement between
~orthern Palm Beach County Water Control District and the City of
Boynton Beach, which Agreement is attached hereto as Exhibit "A".
Section 3. This Resolution shall take effect immediately
Apon passage.
PASSED AND ADOPTED this ~ day of June, 1991.
~TTEST:
.~ Ct~rk
CITY OF BOYNTON BEACH, FLORIDA
~ayor //
Vice Mayor (~
~n
er
.ssioner
iCorporat~ ~eal)
INTERLOCAL AGREEMENT
This
of
NORTHERN
Drive, Palm Beach Gardens, Florida
to as the "LEAD APPLICANT") and the:
Agreement shall be effective as of the day
, 1991, and is being entered into by and between
PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
33418, (hereinafter referred
(hereinafter referred to as the "CO-APPLICANT").
W I TN E S SETH:
WHEREAS, the United States Federal Government has ~eter-
mined that water quality problems in urbanized watersheds are a
major environme~tai concern nationwide; and
WHEREAS, the Federal Water Quality Act of 1987 amended the
Federal Clean Water Act with said amendment requiring the United
States Environmental Protection Agency
as '~EPA") to develop regulations to
Pollutant Discharge Elimination System
(hereinafter referred to
implement the National
(hereinafter referred to
as "NPDES") Permit Program to address stormwater discharges to
waters of the United States; and
WHEREAS the EPA, in November of 1990, published the final
regulations for implementation of the aforementioned NPDES
Permit Program; and
WHEREAS, said NPDES regulations mandate that the County of
Palm Beach, all municipalities contained therein, and specified
Special Water Control Districts submit an NPDES permit applica-
tion to the EPA; and
WHEREAS, while said NPDES permit application may be submit-
ted and permits issued on an individual basis, the EPA has
determined that due to the number of governmental entities
contained within the geographical boundary of Palm Beach County,
Florida, that such an individual application approach would be
administratively burdensome; and
WHEREAS, the EPA has authorized applicants located within
the geographical boundaries of Palm Beach County, to designate a
governmental entity as a lead applicant with other governmental
entities as~co-applicants; and
WHEREAS, the parties to this Agreement have determined that
said -proposal of EPA authorizing the designation of a- lead
applicant and c~-applicants for filing the NPDES permit applica-
tion is in the best interest of the parties hereto in that this
will:
deadlines
in complying with the application
the NPDES Permit
Assist all parties
of May 18, 1992, for Part 1 of
Application and May 17, 1993, for Part 2 of the NPDES Permit
Application,
(2) Ensure consistency, and
(3) Assure the most efficient and cost-saving mechanism
for compliance with the NPDES Permit Application process; and
WHEREAS, the parties hereto are authorized pursuant to
Chapter 163, Part 1 of Florida Statutes, to enter into this
Interlocal Agreement.
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NOW, THEREFORE, in accordance with Chapter 163, Pa~t 1,
Florida Statutes, the undersigned parties, for and in considera-
tion of the mutual benefits set forth herein, do hereby enter
into this Interlocal Agreement and represent, covenant and agree
with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The facts, statements
inabove are true and correct and
reference.
and recitals as set forth here-
are incorporated herein by this
SECTION TWO
DESIGNATION OF APPLICANTS
2.01. NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT
shall be designated the LEAD APPLICANT for the purposes of this
Agreement and the NPDES Permit Application.
2.02. The shall
be designated the CO-APPLICANT for the purposes of this Agree-
ment and the NPDES Permit Application.
SECTION THREE
SCOPE OF WORK, ALLOCATION OF RESPONSIBILITIES
AND TIMES FOR TASK COMPLETION
3.01. Scope of work:
The scope of work contemplated under this Agreement
as to the preparation and submission of Parts 1 and 2 of the
NPDES Permit Application is as follows:
(a) Part 1 of NPDES Application:
(i) Assessment of the existing legal authority
to control the discharge of pollutants into stormwater systems.
~(ii) Source identification which must include a
drainage system inventory and mapping of existing facilities.
(iii)Discharge characterization associated with
collection of rainfall data, runoff volumes, water quality of
discharges and dry weather sampling for illicit connections.
(iv) Description of existing ~tormwater manage-
ment programs.
(v) Development of a wet weather sampling pro-
the Part 2 application.
gram for
(vi)
available to complete
(b) Part
to control
(i)
discharges.
(ii)
Idehtification
Part 2.
2 of NPDES Application:
Demonstration of adequate
of financial resources
legal authority
Characterization of data acquisition and
· s
an analysis program for wet weather sampling site , an estimate
of the annual pollution loadings into receiving waters and a
continuous water quality monitoring program for the next five
to reduce
effec-
years.
(iii)Proposed management programs
pollutant loadings and to monitor compliance.
(iv) Assessment of management programs
tiveness.
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(v) Financial resources and funding to support
the program.
3.02. Allocation of Responsibilities:
(a) Definitions. The following terms as used in
this Agreement or in exhibits hereto shall have the meanings as
set forth below:
(i)- Coordinator. The Coordinator shall be
primarily responsible for identifying the type and extent of
information and/or data required to carry out a particular task,
together with assimilating said data into the NPDES Application
following review and approval by the Provider.
(ii) Provider. The Provider shall be' primarily
responsible for gathering, collecting and deliverlng to the
Coordinator the data and information required in order to carry
out a particular task.
3.03. Allocation of Responsibility:
(a) Part 1 of NPDES Permit Application:
(i) The LEAD APPLICANT
for those tasks as are identified in
attached hereto and made a part hereof.
shall be responsible
Exhibit "A" which is
(ii) The CO-APPLICANT shall be responsible for
those tasks as are identified in Exhibi~ "A" which is attached
hereto and made a part hereof.
(b) Part 2 of NPDES Permit Application:
(i) The LEAD APPLICANT shall be responsible
for those tasks identified in Exhibit "B" which is attached
hereto and incorporated herein.
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(ii] The CO-APPLICANT shall be responsibie for
those tasks identified in Exhibit "B" which is attached hereto
and incorporated herein.
3.04. EPA Negotiations. As the parties are aware, follow-
ing the filing of the aforementioned NPDES Permit Applications,
each party will be required to negotiate an agreement with EPA
in order to develop site-specific stormwater management pro-
grams. Since the outcome of said negotiations will create a
legally binding obligation on said party, it is agreed that each
party shall be independently and solely responsible for said
negotiations with the EPA.
3.05. Time Period for Conclusion of Tasks. D6e to the
limited time period that is available to the parties to prepare
and submit-Parts 1 and 2 of the NPDES Permit Application, the
parties agree that the duties and tasks as assigned to them as
set forth above must be concluded in an orderly fashion and that
the deadlines for completion shall be deemed material for the
purposes of this Agreement. Said time periods shall be as set
forth in the column titled "End Date" of attached Exhibits "A"
and "B" .
SECTION FOUR
ENFCRCEMENT AND/OR VIOLATIONS OF EPA PERMIT
4.01. Enforcement. The designation of any party to this
Agreement as the LEAD APPLICANT is not intended nor shall it be
construed as authorizing, granting or permitting the LEAD
APPLICANT to accept or assume any powers of enforcement of said
permit as To the other party.
4.02. Violations. That in the event any party to this
Agreement should violate said party's individually negotiated
permit or agreement with the EPA, then in that event said party
shall be solely responsible for any and all attorney's fees,
costs, fines, penalties or corrective measures that it incurs or
has imposed upon it by the EPA or such other governmental entity
that is authorized to impose same.
SECTION FIVE
ALAOCATION OF COSTS AND EXPENSES
5.01. The LEAD APPLICANT and CO-APPLICANT recognize and
agree that the costs and expenses that each party hereto will
incur in carrying out the duties and responsibilities that each
has assumed as hereinabove set forth, are not subject to exact
determination aG the time of the execution of this Agreement and
that said costs and expenses are
subject to modification if agreed
the parties hereto.
merely "best estimates" and
to in writing by and. between
5.02. That based upon the "best estimates" available to the
parties at the time of the execution of this Agreement, it is
agreed as follows:
(a) Part 1 - NPDES Permit Application:
(i) The CO-APPLICANT shall pay to the LEAD
those duties and responsibilities assumed by the
that sum of U. S. Dollars as is enumerated in
"A" and described and identified in the column
APPLICANT for
LEAD APPLICANT
attached Exhibit
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set forth in said exhibit titled: "Estimated~ Cost of. Lead
Services".
by
(ii) That
the CO-A~PLICANT aS set
of the amounts required to be paid
forth on attached Exhibit "A", the
CO-APPLICANT does hereby acknowledge and agree that in the event
the CO-APPLICANT should decide to terminate this Aqreement as is
hereinafter provided, said CO-APPLICANT shall still be required
to pay to the LEAD APPLICANT the sum of ~ which
represents the LEAD APPLICANT's fixed overhead mobilization and
administration costs which are included in Line Items B 4 and E
of attached Exhibit "A".
(iii) That except for such amounts as are
required to be paid by the CO-APPLICANT to the LEAD APPLICANT as
identified above, the CO-APPLICANT shall be responsible fo~ all
other costs and expenses incurred by it in the preparation and
filing of the Part 1 NPDES Permit Application.
(b) Part 2 NPDES Permit Application:
In that until such time as the data required
for preparation of the Part 1 NPDES Application is collected and
processed, the parties hereto cannot determine the estimated
costs and expenses that will be incurred in carrying out the
duties, tasks and responsibilities assumed by each of the par-
ties hereto, as identified in attached Exhibit "B". Therefore,
it is agreed that such amounts required to be paid by the
CO-APPLICANT to the LEAD APPLICANT for Part 2 shall be deter-
mined by the parties hereto following further negotiation and
finalization of said amounts by a separate written instrument.
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SECTION SIX
PAYMENT PROCEDURE
6.01. The LEAD APPLICANT shall submit monthly invoices to
the CO-APPLICANT for such costs and expenses as are incurred by
the LEAD APPLICANT in carrying out the duties and responsibili-
ties the LEAD APPLICANT has assumed as set forth hereinabove.
6.02. The aforementioned monthly invoices shall be sub-
mitted by the LEAD APPLICANT to the CO-APPLICANT on the 15th day
of each month following the effective date of this Agreement and
the CO-APPLICANT shall promptly process said invoice in order to
authorize and pay said
receipt of said lnvoice.
6.03. That unless
invoice within thirty (30) days from
otherwise agreed to in writing b~ and
in full
between the parties hereto, if said invoice is not paid
by the aforementioned due date, then in that event the duties
and responsibilities assumed by the LEAD APPLICANT under the
terms of this Agreement may, following five (5) days notice, be
suspended and/or terminated by the LEAD APPLICANT at its sole
discretion.
SECTION SEVEN
OPTION TO TERMINATE
7.01. Either party to this Agreement shall have the right
to terminate this Agreement, provided, however, that the party
wishing to terminate the Agreement must provide thirty (30) days
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 days have elapsed.
7.02. Irrespective of either party's election to terminate
this Agreement under the aforementioned optional provisions or
in the event of a failure to pay by t~he CO-APPLICANT to the LEAD
APPLICANT Of the amounts due under the terms of this Agreement,
any costs and expenses incurred or obligated to be paid by the
LEAD APPLICANT un~er the terms of this Agreement for the benefit
of the CO-APPLICANT at the time of receipt of the notice of
teL-ruination shall still be due and owing and the right to
collect said amounts shall survive the termtnat ion of this
Agreement.
7.03. In the event this Agreement
na~ed, all documentation and- data
LE~D APPLICANT in accordance with
ties as assumed herein, shall be
APPLICANT, provided, however, that
is cancelled or termi-
previously collected b~ the
its duties and responsibili-
made available to the ~CO-
said CO-APPLICANT shall be
responsible for the co,ts incurred in duplicating said data.
SECTION EIGHT
MISCELLANEOUS PRQVISIONS
8.0t'. Ail notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing (including telex, facsimile or ~elegraph'ic communica-
tion) and sha~! be (as elected by the' person giving such notice)
hand delivered by prepaid express overnight courier or messenger
service, =elecom~unicated, or mailed (air,nail if international)
by registered or certified mail (postage prepaid), return
'receipt requested, to the following addresses:
As to LEAD APPLICANT:
With a copy
AS to CO-APPLICANT:
NORTHERN PALM BEACH COUNTY WATER
CONTROL DISTRICT
357 Hiatt Drive
Palm Beach Gardens, PL 33418
Attn: Peter L. Pimentel
Executive Director
Phone (407) 624-7830
Fax (407} 624-7839
Kenneth W. ~wards, Esquire
Ca!dwell & Pacetti
324 Royal Palm way, 3rd Floor
Palm Beach, FL 33480
Phone (4~7)655-0620
Fax (407) 655-3775
With a copy
Phone ( )
Fax ( )
Phone ( )
Pax ( )
8.02. Entire Agreement. This Agreement represents the
entire understanding and agreement between the parties with
respect to the subject matter hereof.
8.03. Binding Effect. All of the terms and provisions
of this agreement, whether so expressed or not, shall be
binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives,
successors and permitted assigns.
8.04.
Assignability. The responsibility for carrying
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OUt any task assu~ed by any party to this Agreement, but not
the obligation to pay the amounts required to be paid as
hereinabove set forth, may be assigned by any party :o this
Agreement.
8.05. Severability. If any part of this Agreement is
contrary to, prohibited by or deemed invalid under applicable
law or regulation, such provision shall be inapplicable and
deemed omitted to the extent so contrary, prohibited or
invalid, but the remainder hereof shall not be invalidated
thereby and shall be given full force and effect so far as
possible.
8.06. Governing Law and Venue. This Agreement and all
transactions contemplated by this Agreement shall be governed
by, and construed and enforced in accordance with, the internal
laws of the State of Florida without regard to any contrary
conflicts of laws principle. Venue of all proceedings in
connection herewith shall be exclusively in Palm Beach County,
Plorida, and each party hereby waives whatever their respective
rights may have been in the selection of venue.
8.07. ~Time of the ~ssence. Time is of the essence with
respect to this Agreement.
8.08. ~eadings. The headings contained in this Agree-
men: are for convenience of reference only, and shat1 not limit
or otherwise affect in any way the meaning or interpretation of
this Agreement.
8.09. Rights of Remedies. The failure of any party to
insist on a strict performance of any of the terms and condi-
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CITY OF BOYNTON BEACH
PART 10E THE NPDES PERMIT APPLICATION
ASSESS ~XISTING CONDITIONS
EXHIBIT A
EST~ COST
OF LEAD
SCOPE RESPONS.IBILITIES END
ITEM TASK DESCRIPTION
__ LEAD CO-APP DATE SERVICES
2. Municipal Ordinances P 9/1~91
3. Sources of Authority P 9/I/91
4. Schedule/Commitment to
Seek Additional Authority P 8/15/91
B1. Environmental 1. Topo/Drainage Boundary Map p
Source 2. Outfall Systems p
Ident. 3. Drainage Areas p
4. Controls p
5. Location Landfills/Industries/
Open Areas
Land Use Maps and Population
Projections
Soil/Runoff Characterization
Existing NPDES Permits
Inventory Mapping/Uniform
Computerized System
P
7. P
P
8. p
P
Rainfall Data p
Runoff Volume and Quality p
Receiving Water Bodies/Impacts p
B2. Environmental 1.
Discharge
Characteristics 3.
(Hydrology)
B3. Environmental 1.
Discharge
Characteristics
(Sampling)
B4. Environmental 1.
Discharge
Characteristics 2.
(Planning)
3.
Existing 1.
Management 2.
Programs
Financial 1.
2.
Application 1.
2.
3.
5.
Co
Dry Weather Field Visits/
Sampling
(Screen Illicit Connections)
Locate Outfalls with Illicit
Connections
Locate Outfalls for Part 2
Sampling
Develop Wet Sampling Plan for
Part 2
Source Control Program
Programs for Illicit Connections
Budget for Existing Programs
Resources for Part 2
Mobilization of Participants
Liason with Participants
Coordination with EPA
Organize. and Collate Information
· repare Application
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
P-Provider
8/15/91 $12,000
8/15/91
8/15/91
8/15/91
8/15/91
8/15/91
9/1/91
9/1/91
10/1/91
.8/1/91 $6,ooo
lO/1/9t
12/1/91
C P 11/1/91 $500
P 2/1/92 $6,000
P 3/1/92
P 4/1/92
P 1/1/92 $0
P 1/1/92
P 1/1/92 $(
P 5/1/92
P 6/15/91 $12,000
P 4/1/92
C C 6/1/91
C P 4/1/92
P 5/15/92
TOTAL $35,500
C-Coordinator
17-MAY-199!
shall be deemed a waiver of the
rights of remedies
that the party may have regarding that specific ins:ance only,
=nd shall not be deemed a waiver of any subsequent breach or
default in any terms and conditions.
8.I0. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but
all of which together shall constitute one and the same
instrument.
IN WITNESS W~EREOF, the pa=ties have set their hands and
seals the day and year hereinafter written.
EXECUTED ~y LEAD APPLICANT this /~
Peter L. Pimentel, Secretary
NORTEERN PALM BEACI{ COUNTY
WATER CONTROL DISTRICT
~illiam L. Kers!a~e,~ Pres~i~nt
~XEcuTED BY CO-APPLICANT this
1991.
ATT]~ST:
4464E
5/16/91
day cf~,
dward Harmenin§, Vice Mayo~'~
City of Boynton Beach /~/
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TOT~L P.05