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R92-39RESOLUTION NO. R92-J~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL INTERLOCAL AGREEMENT BETWEEN THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT AND THE CITY OF BOYNTON BEACH FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PER~IT APPLICATION, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach,. Florida, upon~ recommendation of staff, deems it to be in the best interest of the citizens and residents of the City to execute a Supplemental Interlocal Agreement with the Northern Palm Beach County Water Control District for Part II of the National Pollutant Discharge Elimination System Permit Application. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section !~ The City Commission of the City of Boynton Beach, Florida authorizes and directs the Mayor and City Clerk to execute a Supplemental interlocal Agreement between the City of Boynton Beach, Florida and the Northern Palm Beach County Water Control District, which Agreement is attached hereto as Exhibit "A". Section 2. This Resolution shall become effective immediately upon passage. PASSED ~ND ADOPTED this /~ day of March, 1992. CITY OF BOYNTON BEACH, FLORIDA er ATTEST: (Corobrate Seal) NPBC~CD. AC~[R 3/10/92 MANLEY P. CALDWELL UR. KENNETH W. EDWARDS CHARLES F. SCHOECH C~kLDWELL & PACETTI P~ui~ BE~.CIa iCLO~ID~_ SS4~BO-4~52 OF COUNSEL ARTHUR E. BARROW MADISON F. PACETTI PLEASE REPLY TO P.O. BOX ~775 May 4, 1992 Edward Harmening, Vice Mayor CITY OF BOYNTON BEACH 100 East Boynton Beach Blvd. Post Office Box 310 Boynton Beach, FL 33425-0310 Re: Northern Palm Beach County Water Control District · Subject Matter: Supplemental Interlocal Agreement for the Environmental Protection Agency NPDES Part II Permit Dear Mr. Harmening: Initially, I wish to thank you on behalf of my client, Northern Palm Beach County Water Control District, for your cooperation and assistance in completing and approving the aforementioned Interlocal Agreement. As indicated in my prior letter of January 31, 1992, I am return- ing to you one (1) fully executed oriqinal of the Interlocal Agreement for your records. The other duplicate original of said Agreement was filed with the Clerk of the Court in and for Palm Beach County, Florida, on or about May 1, 1992, in accordance with Chapter 163, Florida Statutes. Naturally, if you should have any questions regarding the above or the enclosure, please feel free to contact me. Very truly yours, KWE/mac Enclosure cc: Peter L. NORTHERN Pimentel, Executive Director PALM BEACH COUNTY W.C.D. SUPPLEMENTAL INTERLOCA5 AGREEMENT FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION S¥ST~ PERMIT APPLICATION This Agreement of~, 1992, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, Drive, Palm Beach Gardens, FL 33418, (hereinafter as the "LEAD APPLICANT") and CITY OF BOYNTON BEACH, 310, Boynton Beach, the "CO-APPLICANT"). shall be effective as of the ~m~ day and is being entered into by and between 357 Hiatt referred to P. 0. Box FL 33425-0310, (hereinafter referred to ~s W _I T N E S ~ E T H: WHEREAS, the parties to this Agreement, have previously entered into an Interlocal Agreement (said prior Interlocal Agreement being hereinafter referred to as the "Primary Inter- local Agreement") for the preparation and submission of Parts I and II of the application for a National Pollutant Discharge Elimination System Permit; and WHEREAS, the Primary Interlocal Agreement contains a provi- sion in Section 5 thereof, that states that until such time as the data required for preparation of Part I of the NPDES Appli- cation has been collected and processed, the parties cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities of the LEAD APPLICANT as same are to be identified in Exhibit "B" to the Primary Interlocal Agreement. Therefore, it was agreed that the allocation of responsibilities and the amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT for the preparation and filing of Part II of the NPDES Permit Application would be determined following further negotiation and finalization of said amounts and duties by a separate written instrument; and WHEREAS, the data required for preparation of Part I of the NPDES Permit Application has now and processed; and WHEREAS, the parties wish to been substantially collected finalize the allocation df duties, tasks, responsibilities and amounts required to be paid to the LEAD APPLICANT for preparation of Part II of the NPDES Permit Application; and WHEREAS, as indicated in the Primary Interlocal Agreement, the parties to this Agreement are authorized, pursuant to Chapter 163, Part I of Florida Statutes, to enter into an Inter- local Agreement. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes (1991), the undersigned parties, for and in consideration of the mutual benefits as set forth herein, do hereby enter into this Supplemental Interlocal Agreement and represent, covenant and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. The recitals, as set forth hereinabove, are considered true and correct and are incorporated herein by this reference. -2- SECTION TWO FUNDING AND ALLOCATION OF DUTIES, TASKS AND RESPONSIBILITIES 2.01. The parties in accordance with Section 5 of the Primary Interlocal Agreement, do hereby agree to the funding provisions and allocations of duties, tasks and responsibilities for Part II of the NPDES Permit Application, as same are set forth in Exhibit "B" which is attached hereto and made a part hereof. 2.02. That of the amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT, as set forth on attached Exhibit "B", the CO-APPLICANT does hereby acknowledge and agree that, if for any reason, the CO-APPLICANT should subsequently decide to terminate either the Primary Interlocal Agreement or this Supplemental Interlocal Agreement, said CO-APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of $36,000.00 since the work required to be carried out for completion of Part II of the NPDES Permit Application is not subject to termination after same has been initiated. 2.03. If, following the receipt of the NPDES permit from the Environmental Protection Agency outstanding statements and invoices permit, there should remain any and after payment of all incurred in obtaining said surplus monies that were required to be paid by the CO-APPLICANT in accordance with the above section, then in that event said surplus funds shall be returned to the CO-APPLICANT within thirty (30) days payment of the last statement or invoice for services to be carried out in accordance with this Agreement. following required -3- SECTION THREE INCORPORATION BY REFERENCE 3.01. That, except as otherwise superceded or modified by this Supplemental Interlocal Agreement, the terms and conditions of the Primary Interlocal Agreement are incorporated herein and made a part hereof. SECTION FOUR EFFECTIVE DATE 4.01. The effective date of this Agreement shall be the date that it is last signed by all parties hereto. IN WITNESS WHEREOF, seals the day and year EXECUTED BY LEAD 1992. the parties have set hereinafter written. APPLICANT this ~~ day their hands and ATTEST: Peter L. By: Pimentel Secretary BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT William L. kersl~ke, President (SEAL) -4- this ~ day of ~____, BY CO-APPLICANT EXECUTED 1992. ATTEST: CITY OF BOYNTON BEACH Suz~ne M. Kruse, City Clerk (SEAL) Edward HaTmening, Vice//~ayor ~Ci't~yAPPRO~ FORM: 5379E 3/31/92 -5- CiTY OF BOYNTON BEACH PART 2 OF THE NPDES PERMIT APPLiCATiON ~VELOP MANAGEMENT PROGRAM EXHIBIT B EST. COST RESPONSIBIL'ITIES END OF LEAD SCOPE LEAD CO-APP DATE SERVICES ITEM DESCRIPTION A. Legal 1. Ordinance Preparation Illicit Discharges Control Spills C P 01/01/93 $go0 2. Inter-agency Agreements 3. Inspection/Surveillance/Monitoring 1. 81. Environmental Wet Weather Discharge (Sampling) Characterization P 82. Environmental 1. Pollutant Loads P Planning 2. Monitoring Plan {5-Year} 10/01/92 $18,450 01/15/93 $5,850 C. Proposed Management Programs Financial ~E. Application ~] Source Controls/Removals Program for Illicit Connections 3. Program for Industrial and Construction Site 4. Staff and Equipment 5. Pollutant Reduction 6. Groundwater Impact 7. Remedial Capital Improvement Plan 1. Needs 2. Sources of Funds 2. 3. 4. Liaison Among Participants Coordination with EPA Organize and Collate Information Application a. Maps b. Assemble Reports c. Formatting and Editing d. Final Report e. Submitta! C P 03/01/93 $gO0 C P 03/15/93 $450 p 05/15/93 $9,450 TOTAL $36,000 P-Provider is responsible for submittal of requested information and reports on scope items and tasks. It Lead Applicant.is the provider then, Co-Applicants may be required to furnish infor- mational materials to complete the Scope Item. C-Coordinator is responsible for preparing guidance materials for Scope items and tasks. [nancy.2020.npdes]BOYNTON-BEACH-exhibit b-part2 18-JAN-1992 SUPPLEMENTAL INTERLOCAL AGReemENT FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYS'r~a~ PERMIT APPLICATION This of NORTHERN Drive, as the 310, Boynton Beach, the "C0-APPLICANT").~ Agreement sha:ll be effective .as of the day , 1992, and is being entered into by and between PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Palm Beach Gardens, FL 33418, (hereinafter referred "LEAD APPAICANT") and CITY OF BOYNTON BEACH, P. O. FL 33425.0310,, (herelnafte to Box referred to as _W _I T N,E S ~ E T H: WHEREAS, the parties to this Agreement, have previously entered into an Interlocal Agreement (said prior Interlocal Agreement being hereinafter referred to as the "Primary Inter- local Agreement") for the preparation and submission of Parts I and II of the application for a National Pollutant Discharge Elimination System Permit; and WHEREAS, the Primary Interlocal Agreement contains a provi- sion in Section 5 thereof, that states that until such time as the data required for preparation of Part I of the NPDES Appli- cation~has been collected and processed, the parties cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities of the LEAD APPLICANT as same are to be identified in Exhibit "B" to the Primary Interlocal Agreement. THE CITY CLERK INTERLOCAL OF TO EXECUTE A AGREEMENT BETWEEN THE CONTROL BEACH Beach, in the City to Northern II of the ! Permit Application. NOW, OF THE CITY Section 1. Boynton Beach,- City Clerk to between the City~¢ Palm Beach attached The Section 2,. ~ This-Reso] immediately upon passage. PASSED AND ADOPTED this ATTEST: -Df Boynton it to be of the with the for Part System ution THE CITY COMMISSION THAT: of the City of ~cts the Mayor and Interlocal Agreement 'lorida. and the Northern which Agreement is shall become effective day of March, 1992. CITY OF BOYNTON BEACH, FLORIDA Mayor Vice Mayor Commissioner Commissioner Commissioner City Clerk (CorporaLe Seal' NPBCWCD.AGR 3/10~92 Therefore, it was agreed that the allocation of responsibilities and the amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT for the preparation and filing of Part II of the NPDES Permit Application would be determined following further negotiation and finalization of said amounts and duties by a separate written instrument; and WHEREAS, the data required for preparation of Part I of the NPDES Permit Application has now and processed; and WHEREAS, the parties wish to been substantially collected finalize the allocation of duties, tasks, responsibilities and amounts required to be paid to the LEAD APPLICANT for preparation of Part II of the NPDES Permit Application; and WHEREAS, as indicated in the Primary Intertocal Agreement, the parties to this Agreement are authorized, pursuant to Chapter 163, Part I of Florida Statutes, to enter into an Inter- local Agreement. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes (1991), the undersigned parties, for and in consideration of the mutual benefits as set forth herein, do hereby enter into this Supplemental InterlocaI Agreement and represent, covenant and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. The recitals, as set forth hereinabove, are considered true and correct and are incorporated herein by this reference. -2- SECT ION TWO FUNDING AND ALLOCATION OF DUTIES, TASKS AND RESPONSIBILITIES 2.01. The parties in acco~danc,~ with Section 5 of the Primary In%erlocal~Agreement, d{) hereby agree to the funding provisions and allocations of duties, tasks and responsibilities for Part..~Z ,of ~the~PDES forth in hereof. 2.02. Exhibit "B, w~ich That CO-APPLICANT to tas s~D~,,a~e set is a~ttached her~t0 ~nd m&d9 a part of the amounts required to be paid by the the LEAD APPLICANT, as set forth on attached Exhibit "B", the CO-APPLICANT does hereby acknowledge and agree that, if for any reason, the CO-APPLICANT should subsequently decide to terminate either the Primary Interlocal Agreement or this Supplemental Interlocal Agreement, said CO-APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of $36,000 since the work required to be carried out for completion of Part II of the NPDES Permit Application is not subject to termination after same has been initiated. 2.03. If, following the receipt of the NPDES permit from the Environmental Protection Agency and after payment of all outstanding statements and invoices incurred in obtaining said permit, there should remain any surplus monies that were required to be paid by the CO-APPLICANT in accordance with the above %ection, then in that event said surplus funds shall be returned to the CO-APPLICANT within thirty (30) days following payment of the last statement or invoice for services required to be carried out in accordance with this Agreement. -3- SECTION THREE INCORPORATION BY REFERENCE 3.01. That, except as otherwise this Supplemental Interlocal Agreement, of the Primary Interlocal Agreement are made a part hereof. superceded or modified by the terms and conditions incorporated herein and SECTION FOUR EFFECTIVE DATE 4.01. The effective date of this A~reement date that it is last si~ned by all parties hereto. shall be the IN WITNESS WHEREOF, the parties have seals the day and year hereinafter written° set their hands and EXECUTED BY LEAD APPLICANT this 1992. day of , ATTEST: Peter L. Pimentel BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT By: Secretary By: William L. Kerslake, President (SEAL) -4- EXECUTED BY CO-APPLICANT this 1992. day of ATTEST: CITY OF BOYNTON BEACH By: (SEAL) 5379E 1/29/92 -5- CITY OF BOYNTON BEACH PART 2 OF THE NPDES PERMIT APPLICATION DEVELOP MANAGEMENT PROGRAM EXHIBIT B EST, COST SCOPE RESPONSIBILITIES END OF LEAD ITEM DESCRIPTION LEAD CO-APP DATE SERVICES A. Legal Environmental (Sampling) B2. Environmental Planning 1. Ordinance Preparation Illicit Discharges Control Spills 2. Inter-a~ency Agreements 3. Inspection/Surveillance/Monitoring 1. Wet Weather Discharge Characterization 1. Polluta, nt Loads 2. Monitdring Plan (5-Year) C P 01/01/93 $900 P 10/01/92 $18,450 P 01/I5/93 $5,850 C. Proposed P 03/01./g3 $900 Management Programs D. Financia' E. Application l. Source ControlsfRemovals C 2. Program for Illicit Connections 3. Program f~r Industrial and Construct'ion Site 4. Staff and Equipment 5. Pollutant Reduction 6. Groundwater Impact 7. Remedial-Capit~l Improvement Plan 1. Needs C 2. Sources of Funds 2. 3. 4. Liaison Among Participants Coordinat.ion with EPA Organize.and Collate Information Application a. Maps b. Assemble Reports . c. Formatting and Editing d. Final Report e. Submittal P 03/15/93 $450 P 05/15/93 $9,450 TOTAL $36,000 P-Provider is responsible for submittal of requested information and reports on scope items and tasks. If Lead Applicant.is the provider then,.Co-Applicants may be required to furnish ~nfor- mational materials to complete the Scope Item. C-Coordinator is responsible for preparing'guidance materials for Scope items and tasks. [nancy.2020.npdes]BOYNTON-BEACH-exhibit b-part2 18-JAN-1992 RESOLUTION NO. R91-~-. A RESOLUTION OF' THE CITY COMMISSION. OF THE CITY OF -BOYNTON~.BEACH~ FLORIDA, AUTHORIZING TO EXECUTE AN BETWEEN THE CITY OF BOYNTON L number WHEREAS, a districts have %e~tering into a Joint application to the Federal Envi~=~Onmental Protection Agency for the National Pollutant DischarqeEliminat~n System (NPDES) Permit which is now being required of designated municipalities and independent special districts within the county in order to address stormwater discharges into waters of the United States; and WHEREAS, the Florida believes City Commission of the City of Boynton Beach, it is in the best interest of the residents 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 "WHEREAS" clauses~ above are hereby ratified and confirmed as being true and correct and incorporated herein by reference. Section 2. The Mayor and City Clerk are hereby authorized to execute a certain Interlocal Agreement between Northern 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 lmmediatei~ upon passage. PASSED AND ADOPTED this J day of June, 1991. ATTEST: :~l~,. c~'.~k ' - - ,'.~ ~'~ :,, '., / (Corporate.. Seal ) CITY OF BOYNTON BEACH, ~4ayor ~ / '~" .'5 commis s loner ' / FLORIDA INTERLOCAL AGREEMENT This Agreement shall be effective as NOR~'~ERN PALM BEACH COUNTY WATER Drive, Palm Beach Gayness, Florida ~to~as.t~e~iD~PLI~A!N ) and the: · ' r ( herelnaf te of the /~--'7~-/ day into by and between CONTROL DISTRICT, 357 Hiatt 33418, (hereinafter referre~'L-~ CITY OF BOYNTON BEACH t~ as- the ,,CO-APPLICANT"). WI T N E S SETH: WHEREAS, the United States Federal Government has deter~ mined that water quality problems in urbanized watersheds are a major environmental concern nationwide; and WHEREAS, the Federal Water Quality Act of 1987 amended the Federal clean Water Act with said amendment requiring the United States Environmental Protection Agency (hereinafter referred to-- as "EPA") to develop regulations to implement the National.__ Pollutant Discharge Elimination System (hereinafter referred to as "NPDES") Permit Program to address stormwater discharges to waters of the United States; and WHEREAS the EPA, in November of 1990, publkshed the final regulations for implementation of the aforementioned NPDES Permit Program; and WHEREAS, said NPDES regulations mandate that the County of Palm Beach, all municipalities contained therein, and specified Special Water Control Districts submit an NPDES permit applica- tion to the EPA; and WHEREAS, while said NPDES permit application may be submit- ted and permits issued on an individual basis, the EPA has determined that due to the number of governmental entities contained within the geographical boundary of Palm Beach County, Florida, that ,such an individual application approach would be administratively burdensome; and WHEREAS, the EPA has authorized applicants located within the geographical boundaries of Palm Beach County, to designate a governmental entity as a lead applicant with other governmental entities as co-applicants; and WHEREAS, the parties to this Agreement have determined that said proposal of EPA authorizing the designation of a lead applicant and co-applicants for filing the NPDES permit applica- tion is in the best interest of the parties hereto in that this will: (1) deadlines Application and Application, Assist all parties in complying with the application of May 18, 1992, for Part 1 of the NPDES Permit May 17, 1993, for Part 2 of the NPDES Permit Ensure consistency, and efficient and cost-sav~ng mechanism (2) (3) Assure the most 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. -2- receiP~ requested, to the following addresses: As to LEAD APPLICANT: NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT 357 Hiatt Drive Palm Beach Gardens, FL 33418 Attn: Peter L. Pimentel As to CO-APPLICANT: With a copy Phone ( Fax (407) 624-7839 Kenneth ~. Edwards, Esquire Caldweil & Pa , 3rd Floor 2O Phone ( ) Fax ( ) Phone ( ) Fax ( ) 8.02. ~ntire Agreement. This entire understanding and agreement respect to the subject matter hereof. Agreeme between the parties with 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, successes an~ permitted assigns. 8.04. AssignabilitY. The responsibility for carrying -11- to control drainage (a) Part 1 of NPDES Application: (i) Assessment of the existing legal authority the discharge of pollutants into stormwater systems. (ii) Source identification which must include a 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. ment programs. (iv) Description of existing stormwater manage- gram for the available to (v) Development of a wet Part 2 application. (vi) Identification of complete Part 2. weather sampling pro- financial resources (b) Part 2 of NPDES Application: (i) Demonstration of adequate to control discharges. legal authority (ii) Characterization of data acquisition and an analysis program for wet weather sampling sites, an estimate of the annual pollution loadings into receiving waters and a continuous water quality monitoring program for the next five years. ( i i i ) Proposed management prog rams to reduce pollutant loadings and to monitor compliance. (iv) Assessment of management programs effec- tiveness. -4- (v) Financial resources and funding to support this Agreement or set forth below: (i) Coordinator. The Coordinator shall be primarily responsible for identifying the ~ype~ and extent of ~nformation 'and/or data required to carry out a particular task, together with assimilating said data into the NPDES Application following review and approval by the Provider. (ii) Provider. The Provider shall be primarily responsible for gathering, collecting and delivering to the_r Coordinator the data and information required in order to carry out a particular ~ask. ~b~lity. 3.03. Allocation of Respons' ' ' (a) Part 1 of NPDES Permit Application: the program. 3.02. Allocation of ResponsibilitieS: (a) Definitions. The following terms as used ~n in exhibits hereto shall have the mean~n~s as (i) The LEAD APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. (ii) The CO-APPLICANT shall be responsible for those tasks as are identified in Exhibit "A" which is attached hereto and made a part hereof. Part 2 of NPDES Permit Application: (i) The LEAD APPLICANT shall be identified in Exhibit "B" which responsible is attached for those tasks hereto and incorporated herein. -5- (ii) those tasks identified and incorporated herein. The CO-APPLICANT. shall be responsibIe for in Exhibit "B" which is attached hereto 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 f.or Conclusion of Tasks. Due to the limited time period that is available to the parties to prepare and submit Parts 1 and 2 of the NPDES Permit Application, the parties agree that the duties and tasks as assigned to them as set forth above must be concluded in an orderly fashion and that the deadlines for completion shall be deemed material for the purposes of this Agreement. Said time periods shall be as set forth in the column titled "End Date" of attached Exhibits "A" and "B". SECTION FOUR ENFORCEMENT AND/OR VIOLATIONS OF EPA PERMIT 4.01. Enforcement. The designation of any party to this Agree~%nt as the LEAD APPLICANT is not intended nor shall it be construed as authorizing, granting or permitting the LEAD APPLICANT to accept or assume any powers of enforcement of said -6- permit as to the other party. 4.02. violations. That in the event any party to this Agreement should violate said party's individually negotiated permit or.agreement~with. the EPA, then in~ that event said party sha~ll be solely responsible for any and all attorney's fees, costs, fines, penalt~ies~, or corrective measures that it incurs or has imposed upon it by the EPA~ or such other governmental entity that is authorized to ~mpose same. SECTION FIVE ALLOCATION OF COSTS AND EXPENSES 5.01. The LEAD APPLICANT and CO-APPLICANT recognize and agree that the costs and expenses that each party hereto will inour in carrying out the duties and responsibilities that each__ has assumed as hereinabove set forth, are not subject to exact and determlnatlo at the time of the execution of this Agreement that said costs and expenses are merely "best estimate and subject to modification if agreed to in writing by and between the parties hereto. 5.02. That based upon the "best estimates" available to the parties at the time of the execution of this Agreement, it is agreed as follows: (a) Part 1 NPDES Permit Applicatioq: (i) The CO-APPLICANT shall pay APPLICANT for those duties and LEAD APPLICANT that sum of U. attached Exhibit to the LEAD responsibilities assumed by the S. Dollars as is enumerated "A" and described and identified in the column -7- set forth Services". by in said exhibit titled: "Estimated Cost~ of Lead the CO-APPLICANT as That of the amounts required to be paid set forth on attached Exhibit "A", the CO-APPLICANT does hereby acknowledge and a]ree that in the event the CO-APPLICANT should decide to terminate this Agreement as is hereinafter prgvided, said CO-APPLICANT shall still be required to pay to the LEAD APPLICANT the sum of ~ /~. 6~P-f~ 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 pai~ by the CO-APPLICANT to the LEAD APPLICANT as identified above, the CO-APPLICANT shall be responsible for all other costs and expenses incurred by it in the preparation and filing of the Part 1 NPDES Permit Application. (b) Part 2 - NPDES Permit Application: In that until such time as the data required for preparation of the Part 1 NPDES Application is collected and processed, the parties hereto cannot determine the estimated costs and expenses that will be incurred in carrying out the duties, tasks and responsibilities assumed by each of the par- ties hereto, as identified in attached Exhibit "B". Therefore, it is agreed that such amounts required to be paid by the CO-APPLICANT to the LEAD APPLICANT for Part 2 shall be deter- mined by the parties hereto following further negotiation and finalization of said amounts by a separate written instrument. -8- SECTION SIX PAYMENT PROCEDURE 6.01. The LEAD APPLICANT shall submit monthly invoices to the CO-APPLICANT for such costs and expenses as are incurred by the LEAD APPLICANT in carrying out the duties and responsibili- ties the LEAD APPLICANT has assumed as set forth hereinabove. 6.02. T~e aforementioned monthly invoices shall be sub- mitted by the LEAD APPLICANT to the CO-APPLICANT~°n the 15th.day of each month following the effecti~e date 'of this' Agreement and the CO-APPLICANT shall promptly process said invoice in order to authorize and pay said invoice within thirty (30) days from receipt of said invoice. 6.03. That uniess between the parties hereto, by the aforementioned due date, then and responsibilities assumed terms of this Agreement may, suspended and/or terminated otherwise agreed to in writing by and_ if said invoice is not paid in full in that event the duties by the LEAD APPLICANT under the following five (5) days notice, be 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 undsr the aforementioned optional provisions or in the event of a failure to pay by the co-APPLICANT to the LZAD APpI. ICANT of the amounts due under the terms of this Agreement, any costs and expenses incurred or obligated to be paid by the LEAD APPLICANT under the terms of this Agreement for the benefit of the CO-APPLICANT at the time of receipt of the notice of :ermination shall still be due and owing and the right to collect said amounts shall survive the termination of uhis Agreement. 7.03. In the evsn= this Agreement is cancelled or termi- nated, all documentation and data previously collected by the LE~D APPLICANT in accordance with its duties and responsibili- ties as assumed herein, shall be made available to the CO- be APPLICANT, provided, however, that said CO-APPLICANT shall responsible for the co,ts incurred in duplicating said data. SECTION EIGHT M~SCELLANEOU$ PROVISIONS 8.01. All notices, requests, consents and other communica- tions required or permitted under this Agreement shall be ~n writing (including telex, facsimile or telegraphic communica- tion) and sha~l be (as elected by the person 9lying such notice) hand delivered by prepaid express overnight courier or messenger services telecommunicated, or mailed (airmail if international) by registered or certified mail (postage prepaid), return NOW, THEREFORE, in accordance with Chapter .163, Part 1, Florida Statutes, the undersigned parties, for and in considera- tion of the mutual benefits set forth herein, do hereby enter into this Interlocal Agreement with each other as follows: SECTION ONE REPRESENTATION~ 1.01. The fac~s, statements and recitals as set forth here- inabave are true and correct and are incorporated herein by this reference. 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 be designated the CO-APPLICANT for the ment and the NPDES Pemit Application. ~j~ shall purposes of this Agree- SECTION THREE SCOPE OF WORK, ALLOCATION OF RESPONSIBILITIES AND TIMES FOR TASK COMPLETION 3.01. Scope of Work: The scope of work contemplated under as to the preparation and submission of Parts NPDES Permit Application is as follows: this Agreement 1 and 2 of the OUt any task assumed by any party to this Agreement, but not the obligation to pay the amounts required, to be paid as hereinabove set forth, may be assigned by any party to this Agreement. 8.05. Seversbility. If any part of this Agreement is contrary to, prohibited by or 'deemed invalid under applicable law or regulation, such provision shall be inapplicable end 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, an~ construed anal enforce~ 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 excluslvely in Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 8.07. Time of the Essence. Time is of the essence with respect to this Agreement. 8.08. ~eadings. The headings contained in :his Agree- men: are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning cr interpretation of this Agreement. 8.09. Rights of Remedies. The failure of any party to insist on a strict performance of any of the terms and condi- -12- tions hereof Sh&ll he, deemed a waiver of the rights, cf remedies ~hat the party may have regarding the: specific instance only, and shall not be deemed a waiver of any subsequent breach or all defau1% in any terms and conditions. 8.10. This Agreement may be executed in one or more counterparts, each of which shall be deemed,,~ an original, but Of which together shall constitute one and the same instrument. IN ~TNE$S :~EREOF, ~he partie~. ~have, se~., their hands and seels the day and ye&r herein&,fter written. EXECUTED ~¥ LEAD A~PLICANT ~his day of 1991 · NORTHERN PALM B~ACH COUNTY WATER CONTROL DISTRICT By: l~am L. Kers~a~e~ ~,e ' ~XECUTED ~Y CO-APPLICANT 1991. ATTEST: 4464E 5/16/91 Edward H~r&e~in~, Vice Mayo/ City of Boynton Beach -13- TOTAl. P. 85 CITY OF BOYNTON BEACH PART~I OF THE NPDES PERMIT APPLICATION EXHIBIT A ~SSESS EXISTING CONDITIONS EST. COST SCOPE RESPONSIBILITIES END OF LEAD ITEM TASK DESCRIPTION LEAD CO-APP DATE SERVICES A. Legal B1. Environmental r-Source Ident. 1. Identify Jurisdictions 2. Municipal Ordinances 3. Sources of Authority 4. Schedule/Commitment to Seek Additional Authority 1. Topo/Drainage Boundary Map 2. Outfall Systems 3. Drainage Areas 4. Controls Location Landfills/Industries/ Open Areas 6. Land Use Maps and Population Projections 7. Soil/Runoff Characterization 8. Existing NPDES Permits 9. Inventory Mapping/Uniform Computerized System B2. Environmental 1. Discharge 2. Characteristics 3. (Hydrology) B3. Environmental 1. Discharge Characteristics (Sampling) Rainfall Data Runoff Volume and .Quality Receiving Water Bodies/Impacts Dry Weather Field Visits/ Sampling (Screen Illicit Connections) P P P P P 7/1/91 $0 9/1/91 9/1/91 8/15/91 8/15/91 $12,000 8/15/9i 8/15/91 8/15/91 8/15/91 8/15/91 9/1/91 9/1/91 10/1/91 8/1/91 $5,000 10/1/91 12/1/91 C P 11/1/91 $500 B4~ Environmental Discharge Characteristics (Planning) 1. Locate Outfalls with Illicit Connections P 2/1/92 $6,000 2. Locate Outfalls for Part 2 Sampling P 3/1/92 3. Develop Wet Sampling Plan for Part 2 P 4/1/92 C.~Existing Management Programs D. Financial 1. Source Control Program P 1/1/92 $0 2. Programs for Illicit Connections P )/1/92 1. Budget for Existing Programs P 1/1/92 $0 2. Resources for Part 2 P 5/1/92 E. Application C-Coordinator 1. Mobilization of Participants P 6/15/91 2. Liason with Participants P 4/1/92 3. Coordination with EPA C C 6/1/91 4. Organize and Collate Information C P 4/1/92 5. Prepare Application P 5/15/92 a. Maps b. Assemble Reports c. Formatting and Editing d. Final Re@ort e. Submittal $12,000 P- Provi der TOTAL $35,500 17-MAY-1991 P~R'~ '2 OF TIlE NPDES PERMIT APPLI, , ION D£VELOP )b~NAGEHENT PROGRAM SCOPE RESPONSIBILITIES LEAD C0~APP EST. CO. END 'OF LE~D DAlE SERVICES TASK DESCRIPTION .................................. ITEM ___J_~--' ........................ (TO BE ........ COMPLETED A. Legal BI. Environmental {Sampling)! BZ. Environmental Planning C. Proposed Management Programs O. Financial E. Application C-Coordinator PER . 1. Ord!nance Preparation AGREFJ4EHT) SpillsIllicit Discilarges Cbntrol .,.~ p 2/I/932~1/93 ~ ' 2. Inter-a~ency Agreements 3. MonltoringlnS~ectl°n/Sur~eillahce~ C ' ' P 2/1/93 __ lJ Wet Weather Discharge p 10/1/92 --~ Characterization e 11!/93 p 3/1/93 ~ 1. Source Contrels~R~moval~s . P 4/1/93 - 2. Program for Illlci~.CQ~ect}°ns rC p 4/1/93 -- 3. Program for In~ustrlai~and 4/1/93 Construction ~tte' : c P 4. staff' and Equipment · C p 4/15/93 5. Pollutant Reduction p 4/15/93 p 4/15/93 6. Groundwater Impact 7. Remedial Captt~l ~mprovement C p 4/15/93 Plan ---'--- 1. Needs p 5/1/9~- c p 5/1/93 2. Sources of Funds 1. LiaiSon Among ~articipants P 3/~/93 2. Coordination w~th EPA C 9/1/92 -"---- C p 4/[/93 3. Organize.an~,Co]~ate Information 5/15/93 4. Prepare Application P a. Maps . b. Assembl? Reports , ~__..,~-]-C) c. Formatting and Editing d. Fina~ Report '"~E e. Submttal p-Provider lzF. CEIVED ' OB-MAY- 1991 MEMORANDUM Utilities #92-006 J. Scott Miller, TO: City Manager John A. Guidry, DATE: January 9, i992 SUBJECT: NPDES PART ti BUDGET A member of this department attended the NPDES Steering Committee meeting of January 7, 19'92, during which a tentative budget was submitted for Pa~t II of the NPDES permit application (see attached). Should we continue to be a part of the Northern Group application, Boynton Beach's share of the group costs would be $36,000. Portions A & B1 would be due in budget year '9i-'92 amounting to $19.350, the remainder due in the '92-°93 budget year. These costs do no% include staff or consultant fees. The Storm Water Utility Consultant Agreement only includes Part I, NPDES. We feel that the City's continued participation with the group the best option. The City's anticipated obligation excluding staff costs is: IS Part I Group Application Costs $35,500 CDM Professional Services Pt.I 21,040 Part II Group Application 36.000 CDM Professional Services Pr.II to be determined As we anticipated, these cos%s, which are currently being funded by the Utility Fund, are quickly mounting. The earliest the Storm Water Utility can be implemented is mid 1993. /gb Attachment xc: Mike Kazuna$ .J File PART 2 OF THE NPDES PERMIT APPLICATION - PRELIMINARY BUDGET Scope Item A. Legal BI. Sampling B2. Plarming C. Management Prog. D. Financial E. Application TOTAL Lead Provider Gu/dance Guidance Preparer E;tima;ed Cost of Lead Services Municipalities ~0;000 5,000 $i O moo $400,~000 Revised January, 1992 HISTORY OF STORM WATER May 1973 - First Storm Water Regulations - Exempted uncontam{.~ted stor~ water, unless designated by pezmitting authority - Challenged b~ HRDC Hatch 1976 - RegulationsRevised Court agreed with NRDC qoverage for all.stormwater discharges, except uncontaminated rural runoff June 1979 and May 1980 Regulations Revised - ~esting fortoxic pollutants required. if believed present; pollutants from 1977 CWA - Several suits by trade associations and environmental groups July 1982 - Settlement Agreement with Industry Petitioners - Narrowed definition of storm water point source - Reduced application requirements by identif~i~gGrou~ I and II - EPA agreed not to take enforcement_ actions against certain discharg6s the interim in November 1982 September 1984 Proposed Rule - Changes to regulations based on settlement agreement - Final Rule - Definition of storm water point source revised to 1976 and 1980 broad coverage - Six month deadline for application submittal set March 1985 .- Proposed Rule - Reduction in data submittal requirements for Group I - Extensions of application deadlines for Groups I and II August 12, 1985 - Reopened Co~unent Period on March 1985 Proposal - Group application approach proposed - Municipal storm sewer systems clarified as Group I industrial dischargers August 29, 1985 Final Rule - Application deadlines extended until 12/31/87 and 6/30/89 February 1987 - War. c Quality Act of 1987 -2- December 1987 - Court Remanded 1984 Regulations Februar~ 1988- Final - ~.~t.~ ~ater regulations deleted 4:0'~ CFR from December 1988 application requirements b~d 1987 five t~es of discharges Obtain a permit prior to permits and group gories set March 199i -~Fina for submitting Part i of-~roup i~dustrial application extended Deadline for submitting Part 2 of group application changed:to a fixed date March 1991 Proposed Rule - Ex, end individual industrial a~plication deadline - Establish a fixed deadline for individual a~plication submission from rejected