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HomeMy Public PortalAboutNPBC Water Control NPDES Agmnt 1992SUPPLEMENTAL INTERLOCAL AGREEMENT FOR PART II OF THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT APPLICATION This Agreement shall be effective as of the day of '-�k, 1992, and is being entered into by and between NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT, 357 Hiatt Drive, Palm Beach Gardens, FL 33418, (hereinafter referred to as the "LEAD APPLICANT") and 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 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 been substantially collected and processed; and WHEREAS, the parties wish to 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 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 $750 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 section, 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 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, the parties have set their hands and seals the day and year hereinafter written. 1992. EXECUTED BY LEAD APPLICANT this @ day of QJI , ATTEST: BOARD OF SUPERVISORS, NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT Peter L. Pimentel c BY' BY Secretary William L. Kerslake, Presi ent ;SEAL) -4- EXECUTED BY 1992. ATTEST: CO -APPLICANT this 13th day Of March TOWN OF GULF STREAM (SEAL) 5379E 1/29/92 -5- By: TOWN OF GULF STREAM 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 1. Ordinance Preparation Illicit Discharges Control Spills C P 01/01/93 $19 2. Inter -agency Agreements 3. Inspection/Surveillance/Monitoring B1. Environmental 1. Wet Weather Discharge (Sampling) Characterization P 10/01/92 $384 B2. Environmental 1. Pollutant Loads P 01/15/93 $122 Planning 2. Monitoring Plan (5 -Year) C. Proposed 1. Source Controls/Removals C P 03/01/93 $19 Management 2. Program for Illicit Connections Programs 3. Program for Industrial and Construction Site 4. Staff and Equipment 5. Pollutant Reduction 6. Groundwater Impact 7. Remedial Capital Improvement Plan D. Financial 1. Needs C P 03/15/93 $9 2. Sources of Funds E. Application 1. Liaison Among Participants P 05/15/93 $197 2. Coordination with EPA 3. Organize and Collate Information 4. Application a. Maps b. Assemble Reports c. Formatting and Editing d. Final Report e. Submittal TOTAL $750 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 infor- mational materials to complete the Scope Item. C -Coordinator is responsible for preparing guidance materials for Scope items and tasks. [nancy.2020.npdes]GULF-STREAM-exhibit b-part2 20 -JAN -1992