R11-068RESOLUTION NO. R11- 0408
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3 A RESOLUTION OF THE CITY COMMISSION OF THE
4 CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
5 EXECUTION OF AN NPDES THIRD TERM PERMIT
6 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
7 BOYNTON BEACH AND NORTHERN PALM BEACH
8 COUNTY IMPROVEMENT DISTRICT (NPDES); AND
9 PROVIDING AN EFFECTIVE DATE.
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11 WHEREAS, Palm Beach County has a cooperative program involving forty (40) co-
12 Permittees, the Florida Department of Environmental Protection and the United States!,
13 Environmental Protection Agency to administer annual stormwater NPDES permitting; and
14 WHEREAS, this Interlocal Agreement deals with stormwater discharge permit
15 requirements issued by the Florida Department of Environmental Protection (FDEP), and thel
16 countywide coordination of the permit requirements; and
17 WHEREAS, the permit regulates stormwater discharges from the municipalities, speciall
18 districts, and other agencies in Palm Beach County, and will enable us to continue to coordinate
19 our stormwater activities with other agencies countywide; and
20 WHEREAS, the City Commission, upon recommendation of staff, deems it to be in the
21 best interests of the citizens and residents of the City of Boynton Beach to enter into this NPDES
22 Third Term Permit Interlocal Agreement;
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23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
24 ! CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. Each Whereas clause set forth above is true and correct and incorporate&
26 herein by this reference.
27 Section 2. The City Manager is hereby authorized and directed to execute an NPDES
S: \CA\RESO\Agreements\Reso - NPDES ILA (Third).doc
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1 Third Term Permit Interlocal Agreement between the City of Boynton Beach, Florida and
2 Northern Palm Beach County Improvement District for the City's stormwater National Pollutant.
3 Discharge Elimination System Third Term Permit, a copy of which agreement is attached hereto]
4 ! as Exhibit "A ".
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Section 3. This Resolution shall become effective immediately upon passage.
ST
PASSED AND ADOPTED this o� C aay of June, 2011.
CITY QF BOYNTON BEACH, FLORIDA
IV1 �'v�
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Vice — William Orlove
Corn issi r — r ' L.
Commissio -even Ho an
Commissioner — Marlene Ross
ATTEST:
ant M. Prainito, MMC
v Clerk_
S \CA \RESO\AgreementslReso - NPDES ILA (Third).doc
`�V \
NPDES THIRD TER.IM PERMIT
INTERLOCAL AGREEMENT
This 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
(hereinafter referred to as "the Co- Permittee").
WITNESSF,TN:
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) goverrnnental
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 Pennittees contain separate
obligations and responsibilities for each individual Pcrrnittee, as well as obligations and
responsibilities that may be performed jointly by the Permittees; and
WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant
to each MS4 NPDES Permit, it would be more economically and administratively feasible to allocate
duties, responsibilities, and costs associated with the MS4 NPDES Permits pursuant to individual
iuterlocal agreements between each Co- Permittee and the Lead Pennittee; and
WHEREAS, the Permittees previously established a 7- member Steering Committee
comprised of 2 representatives of large municipalities, 2 representatives of ;n;aller municipalities, 1
representative of special districts, 1 representative frorn Palm Beach County, and the Lead Permittee.
which Committee will continue to coordinate the join! activities required under the NIS4 NPDES
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Permit, including but not limited to recommending to the Lead Permittee retention of necessary
consultants to execute each MS4 NPDES Permit; 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 asset 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
2.01. 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.
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 Tern. 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 tern "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 tenninated as provided herein.
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SECTION FOUR
SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS
4.01. Allocation of Duties and Oblip-ations
(i) The Lead Permittee shall be responsible for those duties and obligations
which are specifically identified and delineated in Exhibit "A" which is attached hereto and
incorporated herein (the "Lead Permittee Services "). The Lead Permittee Services may be revised
from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in
writing by the Co- Permittee and incorporated into Exhibit "A" and made a part of this Agreement.
All revisions to Exhibit "A" shall be attached sequentially to the original Agreement so that all
modifications to the Lead Permittee Services that occur over time may be determined.
(ii) The Co- Permittee shall be responsible for such other duties and obligations
which are specifically identified and delineated in Exhibit "B" which is attached hereto and
incorporated herein (the "Co- Permitee Services ").
4.02. Modifications to MS4 NPDES Permit
In. accordance with Section 403.067, Florida Statutes, NPDES permits must be
consistent with the requirements of 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 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 NPDFS 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 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
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 a mutually acceptable
payment amount on a per Funding Year basis in order to more accurately calculate the amount that
will be required to be paid by the Co- Permittee to the Lead Permittee for the provision of Lead
Permittee Services during each Funding Year.
5.03. Prior 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 Pavment. In addition to the surplus funds referenced in Section
5.03 above, the parties agree that for the upcoming 2011/2012 Funding Year, the Co- Permittee has
paid the Lead Permittee the sum of $_ which sum represents payment of both the Lead
Pe.rinittee'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 Fundinv. 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 2011/2012 Fiscal
Year unless unexpected additional costs and expenses of the nature described in following Section
6.03 are incurred.
5.07. Future Funding Year Pavinents. The parties: (i) acknowledge that on or before
January 31, 2011, the Lead Permittee provided a budget to the Steering Committee of the amount the
Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all
subsequent Funding Year budget estimates will be provided on or about January 31 st of each
following year. The Lead Permittee and Co- Permittee shall have until July 31"of each year to arrive
at a mutually acceptable dollar amount to be paid by the Co- Permittee to the Lead Pennittee 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
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aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in
writing by and between the parties.
5.08. Final Fundinv- 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- Pennittee'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
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, 2011 or in
twelve (12) equal monthly installments commencing on October 15, 2011, 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 Fundina Year Pavments. 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.
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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- Penmittee'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- Penmittee'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- Penmittee. 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 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
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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 vihich are designated therein as the individual
responsibility of said Co- Permittee. Thereafter, the bead 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 -Perini ttee 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 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 a;rd 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 Pennittee 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.
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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
With a copy to Betsy S. Burden. Esq.
Caldwell Pacetti Edwards Schoech & Viator LLP
One Clearlake Centre
250 South Australian Avenue, Suite 600
West Palm Beach, Florida 33401
Phone: (561) 655 -062.0
Fax: (561) 655 -3775
As to Co- Permittee: , Esq.
Palm Beach County Attorney's Office
301 N. Olive Avenue
West Palm Beach, Florida 33401
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 riot be construed more severely against one of the
parties than the other.
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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. Assiv-nability. 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.
9.07. 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 anv 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. Countemarts. This Agreement may be executed in one or more counterparts, each of
which - 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
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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.)
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IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereafter written.
EXECUTED by Lead Permittee this ~ day of "JUI~ ' 20 II.
ATTEST: NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT
By: ~"b-t. ~. BY~ ,; j}J. k.&€
Secretary , P:int: 1l~Il.J A1N ftI. ,,~LF'::
TItle: v)c..-- PJQ..~,? 'L'}1iUU"t
[DISTRICT SEAL]
~ '
EXECUTED by Co-Permittee this 30 day of _~ (~ e _ ,2011.
ATTEST: CITY OF BOYNTON BEACH
B~Yn.~ BYc/~~
, City Clerk Print: 0. r' 1114 rr,' t!.re
Title: '::w}7rdl"O eJ7j M"n~"~L.
[SEAL]
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
B~~~
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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:
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 NPDES Steering Committee to assist permittees
in carrying out the terms of 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., Part III.A.9.b, and Part
IILA.9.c of the MS4 NPDES permit, as approved by the 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
required by Part V.B. of the MS4 NPDES Permit.
VIII. The timely coordination, assessment, monitoring, and execution of activities
associated with F'DEP's 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 neccssar_v permit fees to FDEP, subject to the timely and
sufficient collection of same for all other pennittees.
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.
(Balance of Page Intentionally Left Blank.)
EXHIBIT "B"
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.
WHEREAS, NORTHERN PALM BEACH COUNTY IMPROVEMENT 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 59 -994, Laws of Florida, as amended and /or supplemented; and
WHEREAS, the United States Environmental Protection Agency issued its 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 who make up the governmental bodies subject to the NPDES
Permit have 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 submission of reports to the Florida Department of Environmental Protection
and the United States Environmental Protection Agency; and
WHEREAS, the Lead Permittee, Northern, is 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 fulfillment 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, 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 has
adopted Administrative Procedures for the collection, management and disbursement of NPDES
Interlocal Agreement Funds, a true and correct copy of which is attached hereto and identified as the
NPDES Steering Committee Administrative Procedures; and
WHEREAS, Northern has been requested to adopt and comply with the aforementioned
NPDES Steering Committee Administrative Procedures for purposes of administering the funds to
be paid to it 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 NPDES Steering Committee Administrative
Procedures.
2. That Northern Palm Beach County Improvement District does hereby incorporate by
reference the NPDES Steering Committee Administrative Procedures into each NPDES Interlocal
and /or Joint Participation Agreement that it enters into with a Co- Permittee.
3. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
4. This resolution shall take effect immediately upon its adoption.
THIS RESOLUTION PASSED AND WAS ADOPTED THE DAY OF
, 2011.
(DISTRICT SEAL) NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT
ATTEST: BY:
NPDES STEERING COMMITTEE ADMINISTRATIVE GUIDELINES
FOR COLLECTION, MANAGEMENT AND DISBURSEMENT
OF NPDES INTERLOCAL AGREEMENT FUNDS
The 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 guidelines in order to provide a level of accountability and fiscal control for
the benefit of the NPDES Co- Permittees.
The administrative guidelines adopted by the Steering Committee are as follows:
1. Alternative NPDES Interlocal Agreement Pavment Schedules. In addition to the two (2)
payment options set forth in Paragraphs 6.01 and 6.02 of the 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, 2010,
January 1, 2011, April 1, 2011 and July 1, 2011, 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- Pennittee shall then have thirty (3 0) 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 Accountinsz 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 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. Budvet 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 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 NPDES Interlocal Agreement,
NPBCID shall be required to subject its request to the Steering Committee members and receive
approval from a super- majority of at least 75% of 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 be required to submit to the Steering
Committee 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 to the Co-
Permittees at the next regularly scheduled Steering Committee NPDES meeting (unless it is an
emergency matter in which event a special meeting will be promptly scheduled and notice given to
all Co- Permittees) for consideration and vote by those representatives of the Co- Permittees present at
the meting. An affirmative vote by a simple majority (i.e., over fifty percent) of those
representatives of the Co-- Permittees present at the meeting (with only one (1) representative of each
Co- Permittee being entitled to vote on the matter at issue) will be required before NPBCID is
authorized to incur the subject unexpected additional costs and expenses.
6. NPDES Interlocal Agreement Budv-et Adoption Process. All future 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- Pennittee
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 75% of the Steering Committee members.
(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, line item budget transfers.
APPROVED AND ADOPTED THIS DAY OF 201
ATTACHMENT "A"
NPDES QUARTERLY INCOME AND DISBURSEMENT REPORT
FISCAL YEAR
FOR PERIOD TO
CASH ON HAND [date]
REVENUE. TO
AGREEMENT FEES
TOTAL REVENUES
TOTAL CASH AND REVENUES AVAIL
FOR EXPENDITURES
XXX,XXX.XX
XXX,XXX.XX
XX X,XXX.XX XXX,XXX.XX
XXX,XXX.XX
EXPENDITURES PAID DURING TO
ENGINEERING
OTHER PROFESSIONAL FEES
MISCELLANEOUS EXPENSES
GOVERNMENTAL REGISTRATION FEES
LEGAL
TOTAL EXPENDITURES
FUND BALANCE AT Idatel
RESERVE FOR CONTINGENCIES
UNRESERVED FUND BALANCE
X.XX
X.XX
X.XX
X.XX
— _ X.XX
X.XX
X.XX
XXX,XXX.XX
- XX,XXX.XX
XXx,XXX.XX
H. \C &P Clients \Northern \NPUES \Agreements \7 hird Term Interlocal Agreements,%iterlocal Agreement GENERAL Final 3.9.1 l.doc
CALDWELL PACETTI
EDWABDS SCHOECH & VIA TOR LLP
ATTORNEYS AT LAW
MANLEY P. CALDWELL, JR.
KENNETH W.EDWARDS
CHARLES F. SCHOECH
MARY M. VIATOR
WILLIAM P. DONEY
FRANK S. PALEN
JOHN A. WEIG
MARGARET E. WOOD
OF COUNSEL
BETSY S. BURDEN
Mr. Christopher J. Roschek, P.E.
City of Boynton Beach
124 E. Woolbright Rd.
Boynton Beach, FL 33435
March 10, 2011
PARALEGALS
MARY T. ADDONA
EMILIE PEARSON, CP
www.caldwellpacetti.com
TELEPHONE: (561) 655 -0620
TELECOPIER:(561) 655 -3775
RE: Northern Palm Beach County Improvement District (NPBCID) /Lead Permittee
NPDES Third Term Permit Interlocal Agreement
Dear Mr. Roschek,
Enclosed please find three (3) original Agreements to be executed as required by
the NPDES Third Term Permit. Please have these Agreements approved and signed by
the appropriate representatives and return all three to our office as soon as possible. We
will then have them executed by the Lead Permittee and filed with the Clerk of Court.
One fully executed original will be returned to you for your files.
Please let us know if you have any questions concerning the above. Thank you
very much for yourLIZ` ssistance.
Sincerely,
MAR 1 1 2011
� 4
BSB /ccw
Enclosures
Betsy S. Burden
a ,
CJ �
ONE CLEARLAKE CENTRE
250 SOUTH AUSTRALIAN AVENUE
SUITE 600
WEST PALM BEACH, FLORIDA 33401
H: \C &P Clients \Northern \NPDES \Letters \3rd Term Permit Letters \Cover Ur re 3rd Term Permit Interlocal Agr
Roschek.doc
G\ -Ty O,
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TO N
TO: James Cherof
City Attorney
FROM: Janet M. Prainito
City Clerk
DATE: June 22, 2011
CITY CLERK'S OFFICE
MEMORANDUM
RE: Aouroval of Aareement by City Commission on June 21, 2011.
Attached is the agreement that was approved by the City Commission at their regular
meeting held on June 21, 2011. Please review, sign and return to me for further
processing. Thank you.
RESOLUTION NO. OF DESCRIPTION
# DOCUMENTS
11 -068 3 Interlocal Agreement between the Northern Palm
Beach County Improvement District and the City
for the City's stormwater national Pollutant
Discharge Elimination System (NPDES) Third Term
Permit
`f71. PAa"
Attachments
S: \CC \WP \AFTER COMMISSION \City Attorney Transmittals \Year 2011 \06- 21- 11.doc
The City of Boy nton Beach
11
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
E-mail: prainitoj @bbfl.us
www.boynton-beach.org
July 5, 2011
Ms. Betsy S. Burden
Caldwell Pacetti Edwards Schoech & Viator LLP
250 South Australian avenue
Suite 500
West Palm Beach, Florida 33401
Re: Resolution RII -068 NPDES Third Term Permit Interlocal Agreement
Rear Ms. Burden:
Attached for your handling are three the original contracts and the resolution
mentioned above. Once the documents have been executed, please return one original
document to the City Clerk's Office for Central File.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
�1� ItA. pt���
net M. Prainito, MMC
City Clerk
Attachments
Cc: Christopher Roschek
tls
S:ICCIWPIAFTER COMAIISSIOMOther Transmittal Letters After Commissinn120111R11 -068 NPDES Third Term Permit Interlocal
Agreemen t. doc
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