HomeMy Public PortalAboutNPBC Water Control NPDES Agmnt 1991INTERLOCAL AGREEMENT
This Agreement shall be effective as of the 7th day
of 711ne , 1991, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred
to as the "LEAD APPLICANT") and the: TOWN OF GULF STREAM,
100 SEA ROAD, GULF STREAM, FLORIDA 33483
(hereinafter referred to as the "CO -APPLICANT").
W I T N E S S E T H:
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, published the final
regulations [or 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) Assist all parties in complying with the application
deadlines of May 18, 1992, for Part 1 of the NPDES Permit
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.
-2-
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 and represent, covenant and agree
with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The facts, statements and recitals as set forth here-
inabove 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 TOWN OF GULF STREAM
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:
-3-
(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 stormwater manage-
ment programs.
(v) Development of a wet weather sampling pro-
gram for the Part 2 application.
(vi) Identification of financial resources
available to complete Part 2.
(b) Part 2 of NPDES Application:
(i) Demonstration of adequate legal authority
to control discharges.
(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.
(iii)Proposed management programs to reduce
pollutant loadings and to monitor compliance.
(iv) Assessment of management programs effec-
tiveness.
-4-
(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 delivering 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 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.
(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.
-5-
(ii) The CO -APPLICANT shall be responsible 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. 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
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
cm
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
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
incur in carrying out the duties and responsibilities that each
has assumed as hereinabove set forth, are not subject to exact
determination at the time of the execution of this Agreement and
that said costs and expenses are merely "best estimates" 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 Application:
(i) The CO -APPLICANT shall pay to the LEAD
APPLICANT for those duties and responsibilities assumed by the
LEAD APPLICANT that sum of U. S. Dollars as is enumerated in
attached Exhibit "A" and described and identified in the column
-7-
set forth in said exhibit titled: "Estimated Cost of Lead
Services"_
(ii) That of the amounts required to be paid
by the CO -APPLICANT as set 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 Agreement as is
hereinafter provided, said CO -APPLICANT shall still be required
to pay to the LEAD APPLICANT the sum of $ 270.00 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 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.
ME
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 invoice within thirty (30) days from
receipt of said invoice.
6.03. That unless otherwise agreed to in writing by and
between the parties hereto, if said invoice is not paid in full
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
QE
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 the 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 under the terms of this Agreement for the benefit
of the CO -APPLICANT at the time of receipt of the notice of
termination shall still be due and owing and the right to
collect said amounts shall survive the termination of this
Agreement.
7.03. In the event this Agreement is cancelled or termi-
nated, all documentation and data previously collected by the
LEAD APPLICANT in accordance with its duties and responsibili-
ties as assumed herein, shall be made available to the CO -
APPLICANT, provided, however, that said CO -APPLICANT shall be
responsible for the costs incurred in duplicating said data.
SECTION EIGHT
MISCELLANEOUS PROVISIONS
6.01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing (including telex, facsimile or telegraphic communica-
tion) and shall be (as elected by the person giving such notice)
hand delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed (airmail if international)
by registered or certified mail (postage prepaid), return
-10-
receipt 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
Executive Director
Phone (407) 624-7830
Fax (407) 624-7839
With a copy to:
Kenneth W. Edwards, Esquire
Caldwell & Pacetti
324 Royal Palm Way, 3rd Floor
Palm Beach, FL 33480
Phone (407) 655-0620
Fax (407) 655-3775
As to CO -APPLICANT:
TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM, FLORIDA 33483
Attn: Franklin E. Flannery
Town Manager
Phone (407) 276-5116
Fax (407) 737-0188
With a copy to:
Phone ( )
Fax ( )
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
-11-
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. 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,
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. Headings. The headings contained in this Agree-
ment are for convenience of reference only, and shall 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-
-12-
tions hereof shall be deemed a waiver of the rights of 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.
8.10. 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 WHEREOF, the parties have set their hands and
seals the day and year hereinafter written.
EXECUTED BY LEAD APPLICANT this IZG I day of ,
1991.
ATTEST:
Peter L.`"Pimentel, Secretary
NORTHERN PALM BEACH COUNTY
WATER CONTROL DISTRICT
B y4-4���
William L. Kerslake, President
1991. EXECUTED BY CO -APPLICANT this 7th day of June ,
ATTEST:
/
F
Town
Clerk
4464E
5/16/91
By:
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TOWN OF GULF STREAM
PART 1 OF THE NPDES PERMIT APPLICATION
ASSESS EXISTING CONDITIONS
EXHIBIT A
SCOPE
ITEM
TASK DESCRIPTION
RESPONSIBILITIES
LEAD
END
EST. COST
OF LEAD
----------------------------------------------------------
4.
Organize and Collate Information C
5.
CO -APP
DATE.
SERVICES
A. Legal
I.
Identify Jurisdictions
C
P
7/1/91
e. Submittal
2.
Municipal Ordinances
C
P
9/1/91
3.
Sources of Authority
C
P
9/1/91
4.
Schedule/Commitment to
Seek Additional Authority
C
P
8/15/91
B1. Environmental
Source
I.
Topo/Drainage Boundary Map
P
8/15/91
$450
Ident.
2.
3.
Outfall Systems
Drainage Areas
P
8/15/91
4.
Controls
P
P
8/15/91
8/15/91
5.
Location Landfills/Industries/
Open Areas
P
8/15/91
6.
Land Use Maps and Population
Projections
P
8/15/91
7.
Soil/Runoff Characterization
P
9/1/91
8.
Existing NPDES Permits
P
9/1/91
9.
Inventory Mapping/Uniform
Computerized System
P
10/1/91
B2. Environmental
Discharge
I.
2.
Rainfall Data
Runoff Volume and quality
P
P
8/1/91
$70
Characteristics
3.
Receiving Water Bodies/Impacts
P
10/1/91
12191
(Hydrology)
_
B3. Environmental
I.
Dry Weather Field Visits/
Discharge
Characteristics
Sampling
(Screen Illicit Connections)
C
P
11/1/91
$20
(Sampling)
B4. Environmental I. Locate Outfalls with Illicit
Discharge Connections
Characteristics 2. Locate Outfalls for Part 2
(Planning) Sampling
3. Develop Wet Sampling Plan for
Part 2
C. Existing I. Source Control Program
Management 2. Programs for Illicit Connections
Programs
D. Financial
E. Application
1. Budget for Existing Programs
2. Resources for Part 2
I
P
P
C P
C p
C P
C P
I.
Mobilization of Participants P
2.
Liason with Participants P
3.
Coordination with EPA C
4.
Organize and Collate Information C
5.
Prepare Application P
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
C -Coordinator P -Provider
22 -MAY -1991
2/1/92
3/1/92
4/1/92
1/1/92
1/1/92
$70
$30
1/1/92 $30
5/1/92
6/15/91 $200
4/1/92
P 4/1/92
5/15/92
TOTAL $910
PART 2 OF VIE NPDES PERMIT APPLICATION
DEVELOP MANAGEMENT PROGRAM
EXHIBIT B
08 -MAY -1991
EST. COST
SCOPE
RESPONSIBILITIES
END OF LEAD
ITEM
TASK
DESCRIPTION
LEAD
CO -APP
DATE SERVICES
---------------------------------------------------------------------------------------------
(TO BE
COMPLETED
A.
Legal
1.
Ordinance Preparation
PER
Illicit Discharges Control
AGREEMENT)
Spills
C
P
2/1/93
2.
Inter -agency Agreements
P
2/1/93
3.
Inspection/Surveillance/
Monitoring
C
P
2/1/93
B1.
Environmental
1.
Wet Weather Discharge
(Sampling)
Characterization
P
10/1/92
B2.
Environmental
1.
Pollutant Loads
P
1/1/93
Planning
2.
Monitoring Plan (5 -Year)
P
3/1/93
C.
Proposed
1.
Source Controls/Removals
P
4/1/93
Management
2.
Program for Illicit Connections
C
P
4/1/93
Programs
3.
Program for Industrial and
Construction Site
C
P
4/1/93
4.
Staff and Equipment
C
P
4/15/93
5.
Pollutant Reduction
P
4/15/93
6.
Groundwater Impact
P
4/15/93
7.
Remedial Capital Improvement
Plan
C
P
4/15/93
D.
Financial
1.
Needs
P
5/1/93
2.
Sources of Funds
C
P
5/1/93
E.
Application
1.
Liaison Among Participants
P
3/1/93
2.
Coordination with EPA
C
9/1/92
3.
Organize and Collate Information
C
P
4/1/93
4.
Prepare Application
P
5/15/93
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
C -Coordinator
P -Provider
08 -MAY -1991
MANLEY P. CALDWELL, JR.
KENNETH W. EDWARDS
CHARLES F 5CHOECH
MARY M. VIATOR
BETSY S. BURDEN
B. ALLEN HEEKE, JR.
LAW OFFICES
CALDWELL & PACETTI
324 ROYAL PALM WAY
PAI24 BFwcu, FLonmA 33480-4352
Rita Taylor, Town Clerk
TOWN OF GULF STREAM
200 Sea Road
Gulf Stream, FL 33483
TELEPHONE (407) 655-0620
TELECOPIER (407) 655-3775
OFCOUNSEL
ARTHUR E. BARROW
MADISON F. PACETTI
PLEASE REPLY TO
P.O. BOX 2775
PALM BEACH, FL 33450-2775
June 10, 1992
CERTIFIED MAIL
RETURN REC'T REQ'D
Re: Northern Palm Beach County Water Control District - NPDES
Permit Application
Subject Matter: Initial Interlocal Agreement
Dear Ms. Taylor:
Unfortunately, it has recently been brought to my attention that
I failed to return to you the Clerk of the Court's time stamped
duplicate original of the initial Interlocal Agreement that your
governmental entity entered into with my client, Northern Palm
Beach County Water Control District, last year.
In rectification of the above, please find enclosed, herewith,
the aforementioned Clerk of the Court's time stamped duplicate
original of the initial Interlocal Agreement.
Please accept my apologies for this oversight.
Kenneth W. Edwards
KWE/mac
Enclosure
cc: Peter L. Pimentel, Executive Director
NORTHERN PALM BEACH COUNTY W.C.D.
COPS
INTERLOCAL AGREEMENT 1993 AUG - I PM 1: 21, 41
This Agreement shall je effective as of the 7th day
O(• Tun, , 1991, and is being entered into by and between
NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt
Drive, Palm Beach Gardens, Florida 33418, (hereinafter referred
to as the "LEAD APPLICANT") and the: TOWN OF GUFF STREAM, _
100 SEA ROAD, GULF STREAM, FLORIDA 33483
(hereinafter referred to as the "CO -APPLICANT").
W I T N E S S E T H:
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, published the final
regulations [or 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) Assist all parties in complying with the application
deadlines of May 18, 1992, for Part 1 of the NPDES Permit
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.
-2-
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 and represent, covenant and agree
with each other as follows:
SECTION ONE
REPRESENTATIONS
1.01. The facts, statements and recitals as set forth here-
inabove 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
TOWN
OF GULF
STREAM
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:
-3-
(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 stormwater manage-
ment programs.
(v) Development of a wet weather sampling pro-
gram for the Part 2 application.
(vi) Identification of financial resources
available to complete Part 2.
(b) Part 2 of NPDES Application:
(i) Demonstration of adequate legal authority
to control discharges.
(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.
(iii)Proposed management programs to reduce
pollutant loadings and to monitor compliance.
tiveness.
(iv) Assessment of management programs effec-
-4-
(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 delivering 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 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.
(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.
-5-
(ii) The CO -APPLICANT shall be responsible 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. 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
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
-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
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
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
incur in carrying out the duties and responsibilities that each
has assumed as hereinabove set forth, are not subject to exact
determination at the time of the execution of this Agreement and
that said costs and expenses are merely "best estimates" 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 Application:
(i) The CO -APPLICANT shall pay to the LEAD
APPLICANT for those duties and responsibilities assumed by the
LEAD APPLICANT that sum of U. S. Dollars as is enumerated in
attached Exhibit "A" and described and identified in the column
-7-
set forth in said exhibit titled: "Estimated Cost of. Lead
Services".
(ii) That of the amounts required to be paid
by the CO -APPLICANT as set 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 Agreement as is
hereinafter provided, said CO -APPLICANT shall still be required
to pay to the LEAD APPLICANT the sum of $ 270.00 which
represents the LEAD APPLICANT's fixed overhead mobilization and
administration costs which are included in Line Items D 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 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. 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 invoice within thirty (30) days from
receipt of said invoice.
6.03. That unless otherwise agreed to in writing by and
between the parties hereto, if said invoice is not paid in full
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 the 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 under the terms of this Agreement for the benefit
of the CO -APPLICANT at the time of receipt of the notice of
termination shall still be due and owing and the right to
collect said amounts shall survive the termination of this
Agreement.
7.03. In the event this Agreement is cancelled or termi-
nated, all documentation and data previously collected by the
LEAD APPLICANT in accordance with its duties and responsibili-
ties as assumed herein, shall be made available to the CO -
APPLICANT, provided, however, that said CO -APPLICANT shall be
responsible for the costs incurred in duplicating said data.
SECTION EIGHT
MISCELLANEOUS PROVISIONS
8.01. All notices, requests, consents and other communica-
tions required or permitted under this Agreement shall be in
writing (including telex, facsimile or telegraphic communica-
tion) and shall be (as elected by the person giving such notice)
hand delivered by prepaid express overnight courier or messenger
service, telecommunicated, or mailed (airmail if international)
by registered or certified mail (postage prepaid), return
-10-
receipt 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
Executive Director
Phone (407) 624-7830
Fax (407) 624-7839
With a copy to: Kenneth W. Edwards, Esquire
Caldwell & Pacetti
324 Royal Palm Way, 3rd Floor
Palm Beach, FL 33480
Phone (407) 655-0620
Fax (407) 655-3775
As to CO -APPLICANT: TOWN OF GULF STREAM
100 SEA ROAD
GULF STREAM, FLORIDA 33483
Attn: Franklin E.Flannery
Town Manager
Phone (407) 276-5116
Fax (407) 737-0188
With a copy to:
Phone ( )
Fax ( )
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
-11-
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. 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,
Florida, and each party hereby waives whatever their respective
rights may have been in the selection of venue.
8.07. Time of the Essence. 'rime is of une essence wt LLI
respect to this Agreement.
8.08. Headings. The headings contained in this Agree-
ment are for convenience of reference only, and shall 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-
-12-
tions hereof shall be deemed a waiver of the rights of 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.
8.10. 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 WHEREOF, the parties have set their hands and
seals the day and year hereinafter written./
EXECUTED BY LEAD APPLICANT this o--2� t` day of ,
1991.
ATTE
P er L. Pimentel, Secretary
NORTHERN PALM BEACH COUNTY
WATER CONTROL DISTRICT
By��
William L. Kerslake, President
EXECUTED BY CO -APPLICANT this
1991.
ATTEST: D
By:
4464E
5/16/91
N
day of d'16
.�
a yob_ T w� o` ���
TOWN OF GULF STREAM
PART'1 OF THE NPDES
PERMIT APPLICATION
EXHIBIT A
ASSESS
EXISTING CONDITIONS
EST. COST
SCOPE
RESPONSIBILITIES
END
OF LEAD
ITEM
TASK
DESCRIPTION
LEAD
CO -APP
DATE
SERVICES
--------------------------------------------------------------------------------------------
A.
Legal
1.
Identify Jurisdictions
C
P
7/1/91
$40
2.
Municipal Ordinances
C
P
9/1/91
3.
Sources of Authority
C
P
9/1/91
4.
Schedule/Commitment to
Seek Additional Authority
C
P
8/15/91
B1.
Environmental
1.
Topo/Drainage Boundary Map
P
8/15/91
$450
Source
2.
Outfall Systems
P
8/15/91
Ident.
3.
Drainage Areas
P
8/15/91
4.
Controls
P
8/15/91
5.
Location Landfills/Industries/
Open Areas
P
8/15/91
6.
Land Use Maps and Population
Projections
P
8/15/91
7.
Soil/Runoff Characterization
P
9/1/91
8.
Existing NPDES Permits
P
9/1/91
9.
Inventory Mapping/Uniform
Computerized System
P
10/1/91
B2.
Environmental
1.
Rainfall Data
P
8/1/91
$70
Discharge
2.
Runoff Volume and quality
P
10/1/91
Characteristics
3.
Receiving Water Bodies/Impacts
P
'12/1/91
(Hydrology)
B3.
Environmental
1.
Dry Weather Field Visits/
Discharge
Sampling
C
P
11/1/91
$20
Characteristics
(Screen Illicit Connections)
(Sampling)
B4.
Environmental
1.
Locate Outfalls with Illicit
Discharge
Connections
P
2/1/92
$70
Characteristics
2.
Locate Outfalls for Part 2
(Planning)
Sampling
P
3/1/92
3.
Develop Wet Sampling Plan for
Part 2
P
4/1/92
C.
Existing
1.
Source Control Program
C
P
1/1/92
$30
Management
2.
Programs for Illicit Connections
C
P
1/1/92
Programs
D.
Financial
1.
Budget for Existing Programs
C
P
1/1/92
$30
2.
Resources for Part 2
C
P
5/1/92
E.
Application
1.
Mobilization of Participants
P
6/15/91
$200
2.
Liason with Participants
P
4/1/92
3.
Coordination with EPA
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 Report
e. Submittal
C -Coordinator P -Provider
TOTAL
$910
22 -MAY -1991
PART '2.OF*TNE NPDES PERMIT APPLICATION
DEVELOP MANAGEMENT PROGRAM
EXHIBIT B
EST. COST
SCOPE RESPONSIBILITIES END OF LEAD
ITEM TASK DESCRIPTION LEAD CO -APP DATE SERVICES
---------------------------------------------------------------------------------------------
(TO BE
COMPLETED
A. Legal 1. Ordinance Preparation PER
Illicit Discharges Control AGREEMENT)
Spills C P 2/1/93
2. Inter-aVency Agreements P 2/1/93
3. Inspection/Surveillance/
Monitoring C P 2/1/93
B1. Environmental
(Sampling)
B2. Environmental
Planning
C. Proposed
Management
Programs
D. Financial
E. Application
1. Wet Weather Discharge
Characterization
1. Pollutant Loads
2. Monitoring Plan (5 -Year)
1. Source Controls/Removals
2. 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
1. Liaison Among Participants
2. Coordination with EPA
3. Organize and Collate Information
4. Prepare Application
a. Maps
b. Assemble Reports
c. Formatting and Editing
d. Final Report
e. Submittal
C -Coordinator P -Provider
O8 -MAY -1991
i
P
P
P
C P
C P
P
P
C P
P
C P
C
C P
P
10/1/92
1/1/93
3/1/93
4/193
4%1%93
4/1/93
4/15/93
4/15/93
4/15/93
4/15/93
5/1/93
5/1/93
3/1/93
9/1/92
4/1/93
5/15/93