HomeMy Public PortalAboutNPBC Water Control NPDES Agmnt 2002FIRST AMENDMENT
FOR `
EXTENSION OF TERM OF
NPDES INTERLOCAL AGREEMENT
This FIRST Amendment (the "FIRST AMENDMENT") shall be effective as of the
S I day of ii ct k s I- 2002 ("the Effective Date"), and is being entered
into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 357
Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as "the Lead Permittee")
and TOWN OF GULF STREAM
(hereinafter referred to as "the Co -Permittee").
WITNESSETH:
WHEREAS, the parties have previously entered into anNPDES Interlocal Agreement (a true
and correct copy of which is attached hereto and is referred to herein as the "Agreement"), which
Agreement expires September 30, 2002; and
WHEREAS, the Agreement described the parties' obligations and responsibilities relating
to the NPDES Permit referenced therein; and
WHEREAS, a timely reapplication or renewal of the NPDES Permit for its second five (5)
year term is currently pending, but it is uncertain at this time as to when the Florida Department of
Environmental Protection ("FDEP") will take final action on the pending application; and
WHEREAS, pursuant to FDEP Rule 62-624.420(4), Florida Administrative Code, the
existing NPDES Permit shall not expire until FDEP has taken final action on the pending
application; and
WHEREAS, a draft of a new Interlocal Agreement covering the second term of the NPDES
Permit is currently being negotiated by the parties; and
WHEREAS, the parties wish to extend the terms and provisions of the current NPDES
Interlocal Agreement until such time as FDEP grants the pending application for renewal of the
NPDES Permit for its second five (5) year term.
NOW, THEREFORE, the undersigned parties, for and in consideration of the mutual benefit
set forth herein, the sufficiency of which is hereby acknowledged, do hereby enter into this FIRST
AMENDMENT to the NPDES Interlocal Agreement, and agree with each other as follows:
(1) Term. The term contained in Section 4.01 of the NPDES Interlocal Agreement
which would otherwise expire on September 30, 2002, is hereby extended under the
same terms and conditions contained in said NPDES Interlocal Agreement until the
execution by the Lead Permittee and Co -Permittee of anew interlocal agreement for
the second five-year term NPDES Permit.
(2) Fiscal Year Amendment. The phrase "Fiscal Year" as defined in Section 4.02 of the
NPDES Interlocal Agreement shall also include: (vi) a Sixth Fiscal Year from
October 1, 2002 through September 30, 2003 and (vii) a Seventh Fiscal Year from
October 1, 2003 through September 30, 2004.
(3) Counterparts. 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.
(4) Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Palm Beach County, Florida.
(5) Effective Date. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereinafter written.
EXECUTED by Lead Permittee this X174— day of 12002.
ATTEST:
By: (i�4
Peter L. Pimentel, Secretary
(SEAL)
BOARD OF SUPERVISORS, NORTHERN PALM
BEACH COUNTY IMPROVEMENT DISTRICT
By: —Q J,(�
Pamela M. Rauch
EXECUTED by Co -Permittee this iG` dayof /" I2 2002.
ATTEST:
By By:
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
i
U VAMVP N0RTHERNWDES%txmndtlme.wpd
MANLEY A CALDWELL, JR.
KENNETH W. EDWARDS
CHARLES F. SCHOECH
MARY M. VIATOR
JAMES L. WATT
BETSY S. BURDEN
JOHN A. WEIG —
CALDWELL & PACETTI LLP
ATTORNEYS AT LAW
SUITE 300
324 ROYAL PALM WAY
PALDI BRACH, FLORIDA 03480-4a52
August 27, 2002
Yvonne Manboard
Deputy Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Re: Palm Beach County NPDES
Extension to Interlocal Agreement
Dear Ms. Manboard:
TELEPHONE: (S61) 655-0620
TELECOPIER: (56 1) 655-3775
E-MAIL: floridalaW®earthlink. net
PLEASE REPLY TO
POST OFFICE BOX 2775
PALM BEACH, FL 33480-2775
Enclosed for your records please find a copy of the amendment extending the above -
referenced Interlocal Agreement which was filed with the Clerk of Court on August 18, 2002.
Thank you very much for your assistance.
Sincerely,
Betsy S. Burden
BSB/nr
Enclosure
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INTERLOCAL AGREEMENT FOR WATER QUALITY
MONITORING REQUIRED UNDER THE EPA
MUNICIPAL SEPARATE STORM SEWER SYSTEM
NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM PERMIT
This Agreement shall be effective as of the 11th day of
August , 1993, 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 "DISTRICT") and TOWN OF GULF STREAM, 100 Sea Road, Gulf
Stream, FL 33483, (hereinafter referred to as the "PERMITTEE").
W I T N E S S E T H:
WHEREAS, the parties to this agreement, have previously
entered into two Interlocal Agreements for the preparation and
submission of an application to the Environmental Protection
Agency (hereinafter referred to as "EPA") for a National Pollutant
Discharge Elimination System (hereinafter referred to as "NPDES")
permit, and
WHEREAS, the NPDES permit if issued to the PERMITTEE will be
for a period of five years, during which time the PERMITTEE will
be required to implement a five year monitoring program for water
quality sampling and submit annual reports to EPA; and
WHEREAS, there are approximately forty governmental entities
operating within Palm Beach County, Florida who have been required
to apply for an NPDES permit and upon their receipt of said
permit, will also be required to implement a five-year monitoring
program for water quality sampling and the submission of annual
reports to EPA; and
WHEREAS, the parties to this Agreement, and all other govern-
mental entities located within Palm Beach County, Florida who are
required to apply for and receive an NPDES permit, have determined
that it is in their best interests to pool their efforts in order
to provide an efficient and cost saving mechanism for initiating
and complying with the EPA's five-year monitoring and report
programs; and
WHEREAS, the DISTRICT will be entering into agreements
similar to this Agreement with most if not all of the other
governmental entities located within Palm Beach County, Florida
who are required to obtain an NPDES permit from the EPA; and
WHEREAS, the parties are authorized pursuant to the laws of
Florida to enter into this Interlocal Agreement for the purposes
set forth herein.
NOW, THEREFORE, the undersigned parties, for and in consider-
ation 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 recitals as set forth hereinabove are considered
true and correct and are incorporated herein by this reference.
SECTION TWO
SCOPE OF WORK
2.01. The DISTRICT does hereby agree to provide the follow-
ing services on behalf of the PERMITTEE:
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(A) The implementation and supervision of the
five-year water monitoring program required by Section 5.4 of the
PERMITTEE'S General MS4 Part 2 NPDES Permit Application.
(B) The implementation of a program to coordinate
with all other governmental entities located within Palm Beach
County, Florida that are subject to the NPDES permit water
monitoring requirements, the preparation and submission of reports
to the EPA.
(C) Preparation and submission of the Annual Water
Quality Monitoring Report required to be submitted to EPA by the
PERMITTEE.
(D) Analyzing the water quality sampling data derived
from the Water Quality Monitoring program in order to generate an
estimate of the seasonal event mean concentrations of selective
pollutants in discharges resulting from representative storm
events and land uses.
SECTION THREE
TERM OF THE AGREEMENT
3.01. This Agreement shall be effective as of the date of
its execution by all parties hereto and shall continue in full
force and effect on an annual Funding Year (as hereinafter
defined) renewal basis unless terminated in accordance with the
provisions of this Agreement.
3.02. The term "Funding Year" shall be defined for the
purposes of this Agreement as the following fiscal year periods,
namely:
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(A) Interim Funding Year - from the date of
execution of this Agreement through
September 30, 1993.
(B) First Funding Year - from October 1,
1993 through September 30, 1994.
(C) Second Funding Year - from October 1, 1994
through September 30, 1995.
(D) Third Funding Year - from October 1,
1995 through September 30, 1996.
(E) Fourth Funding Year - from October 1, 1996
through September 30, 1997.
(F) Fifth Funding Year - from October 1, 1997
through September 30, 1998.
3.03. This Agreement shall be automatically renewed on an
annual basis for each of the above -defined Funding Years, unless a
party to this Agreement should provide written notice of
non -renewal to the other party at least sixty (60) days prior to
the end of a Funding Year.
SECTION FOUR
TERMINATION PROVISIONS
4.01. The DISTRICT, in order to carry out the duties and
obligations it has assumed herein, will be required to enter into
contractual arrangements with third parties for the provision of
certain services and in that the PERMITTEE is dependent upon the
DISTRICT to carry out the duties and responsibilities the DISTRICT
has assumed herein, neither party to this Agreement may terminate
the Agreement during any Funding Year except for the following
enumerated reasons and pursuant to the provisions of paragraph
4.02, namely:
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(A) The failure by the PERMITTEE to pay in accordance
with the provisions of Sections Five and Six of this Agreement.
(B) The failure by the DISTRICT, after receiving
written notification by the PERMITTEE identifying any alleged
default by the DISTRICT of its obligations under the terms of this
Agreement, to correct said alleged default within thirty (30) days
of receipt of the PERMITTEE'S notice.
(C) The PERMITTEE'S being released from the obliga-
tion under its NPDES permit to provide a Water Quality Monitoring
program.
4.02. A party authorized to terminate this Agreement for one
of the above enumerated reasons, must provide thirty (30) days
prior written notice to the other party of said terminating
party's decision to terminate. Once the notice is issued, the
termination shall not be effective until said thirty (30) day time
period has elapsed.
4.03. If this Agreement is not renewed at the end of any
Funding Year or is terminated in accordance with one of the above
enumerated reasons, all documentation and data previously
collected by the DISTRICT in carrying out the duties and responsi-
bilities it has assumed herein, shall be made available to the
PERMITTEE, provided, however, the originals of said documentation
and data shall be retained by the DISTRICT. The PERMITTEE shall
be authorized to duplicate or copy all of said documentation and
data provided that the cost of same shall be borne by the
PERMITTEE.
-5-
SECTION FIVE
FUNDING AND PAYMENT PROCEDURE
5.01. In that this Agreement is anticipated to be renewed
for a number of Funding Years, it is difficult to project the
potential costs the DISTRICT may incur in future Funding Years for
carrying out the duties, obligation and responsibilities assumed
herein by it.
Due to the above, the parties agree that it is in
their best interest to arrive at a payment amount on an annual
Funding Year basis in order to more reasonably calculate the
amount that will be required to be paid by the PERMITTEE to the
DISTRICT.
5.02. In accordance with the above, the parties agree as
follows:
(A) For the Interim Funding Year, the PERMITTEE shall
pay to the DISTRICT the sum of $150.00, with said sum to be paid
pursuant to Section 6 of this Agreement.
(H) For the First Funding Year, the PERMITTEE shall
pay to the DISTRICT the sum of $300.00, with said sum to be paid
pursuant to Section 6 of this Agreement.
5.03. As for payments that will be required to be paid by
the PERMITTEE to the DISTRICT for the Second through the Fifth
calendar years, the parties agree that the DISTRICT shall provide
a cost estimate to the PERMITTEE of the PERMITTEE'S neat Funding
Year's estimated payment amount, with the cost estimate for the
Second Funding Year to be issued on or before March 1, 1994 and on
or before March 1st of each year thereafter for the subsequent
S.
Funding Years. Following which and prior to sixty (60) days
before the beginning of the next Funding Year, the DISTRICT and
PERMITTEE shall agree in writing upon a mutually acceptable dollar
amount to be paid by the PERMITTEE to the DISTRICT for the
subsequent Funding Year, all of which shall be paid pursuant to
Section Six of this Agreement. I£, however, the parties cannot
agree upon a mutually acceptable dollar amount by the
aforementioned deadline, then in that event this Agreement shall
be deemed terminated unless otherwise agreed to in writing by and
between the parties.
SECTION SIX
PAYMENT PROCEDURE
6.01. The DISTRICT during each Funding Year shall submit a
monthly invoice to the PERMITTEE for such costs and expenses as
are obligated to be paid or have been incurred by the DISTRICT in
carrying out the duties and responsibilities the DISTRICT has
assumed under the terms of this Agreement.
6.02. The initial monthly invoice for the Interim Funding
Year shall be mailed by the DISTRICT to the PERMITTEE on or about
the 15th day of August following the execution of this Agreement,
with all future monthly invoices to be mailed on or about the 15th
day of each month thereafter throughout the term of this Agree-
ment, including renewals, if any.
6.03. The PERMITTEE shall promptly process the DISTRICT'S
invoice and pay same within thirty (30) days from the date of the
invoice.
-7-
6.04. Unless otherwise agreed to in writing by and between
the parties, if a monthly invoice is not paid in full within
thirty (30) days of its due date, then in that event the duties
and responsibilities assumed by the DISTRICT under the terms of
this Agreement may, following five (5) days written notice to the
PERMITTEE, be suspended and/or terminated by the DISTRICT at its
sole discretion.
6.05. The parties to this Agreement have previously entered
into an agreement for the preparation and submission of Part 2 of
the NPDES permit application and under the terms of said previous
agreement, the PERMITTEE may be entitled to a refund to the extent
that there are surplus funds held by the DISTRICT at the time of
conclusion of Part 2 of the NPDES permit application process.
Based upon the above and to the extent that the
PERMITTEE is entitled to such a refund, the parties agree that the
DISTRICT is hereby authorized to apply any such refund that would
otherwise be returned to the PERMITTEE (said surplus to be deter-
mined in accordance with the terms of the Part 2 NPDES Interlocal
Agreement) in full or partial payment, as the case may be, of such
amount(s) that will be invoiced to the PERMITTEE by the DISTRICT
under the terms of this Agreement and such refund, when so
credited, shall be reflected on the PERMITTEE'S monthly invoice.
SECTION SEVEN
SURPLUS FUNDS
7.01. If, following either a non -renewal of this Agreement
or termination of this Agreement, there should remain any surplus
monies that were previously paid by the PERMITTEE under the terms
ZM
of this Agreement to the DISTRICT, said surplus funds shall be
Paid to the PERMITTEE within thirty (30) days following the
PERMITTEE'S payment to the DISTRICT of the last invoice for
services rendered that are required to be paid in accordance with
this Agreement.
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 communication)
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 receipt
requested, to the following addresses:
As to DISTRICT: 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, Esq.
Caldwell & Pacetti
324 Royal Palm Way
Third Floor
Palm Beach, FL 33480
Phone (407) 655-0620
Fax (407) 655-3775
Im
As to PERMITTEE: TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, Florida 33483
Attn: E. Scott Harrington
Town Manager
Phone(407) 276-5116
Fax (407) 737-0188
With a Copy to:
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 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.
-10-
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 conflict of
law's 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 Agreement
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. Right of 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 right 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. Counterparts. 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 of the same instru-
ment.
-11-
IN WITNESS WHEREOF, the parties have set their hands and
seals the day and year hereinafter written.
EXECUTED BY DISTRICT this // L4 day of O U 5 1993.
ATTEST:
Y:
B
Peter L. Pimentel
Secretary
(SEAL)
BOARD OF SUPERVISORS, NORTHERN
PALM BEACH COUNTY WATER CONTROL
DISTRICT
By:
William L. Ke slake
President
EXECUTED BY PERMITTEE this 22nd day of _ July , 1993.
ATTEST: �TOWNN OF GULF STREAM
Town Clerk William F. Koch, Jr.
(SEAL)
(print name)
Mayor
(official position)
APPROVED AS TO FORM AND
LEGAL SUFFI IENCY
By:
6302E
6/08/93
-12-
MANLEY P. CALDWELL, JR.
KENNETH W. EDWARDS
CHARLES F. SCHOECH
MARY M. VIATOR
BETSY S. BURDEN
B. ALLEN HEEKE, JR.
E. Scott Harrington,
TOWN OF GULF STREAM
100 Sea Road
Gulf Stream, Florida
LAW OFFICES
CALDWELL & PACETTI
324 ROYAL PALM WAY
PALM BEACH, FLOamA 33480-44352
TELEPHONE (407) 655-0620
TELECOPIER (407) 655-3775
Town Manager
33483
OFCOUNSEL
ARTHUR E. BARROW
MADISON F. PACETTI
PLEASE REPLY TO
P.O. BOX 2775
PALM BEACH, FL 33460-2775
August 18, 1993
CERTIFIED MAIL
RETURN REC'T REQ'D
Re: Five Year NPDES Water Quality Monitoring Program
Subject Matter: NPBCWCD - Town of Gulf Stream Interlocal
Agreement
Dear Mr. Harrington:
On behalf of Northern Palm Beach County Water Control District, I
am enclosing, herewith, one (1) fully executed original of the
aforementioned Interlocal Agreement.
The other duplicate original of this Agreement has been sent to the
Clerk of the Court for filing in accordance with Chapter 163, Part
I, Florida Statutes. Please note that the Agreement has been time
stamped by the Clerk on the reverse side of the front page.
Naturally, if you should have any questions regarding the above or
the enclosure, please feel free to contact me.
truly yours,
W. Edwards
KWE/mac
Enclosures
cc: Alan D. Wertepny, P.E. (w/enclosure)
MOCK, ROOS & ASSOCIATES, INC.
Peter L. Pimentel, Executive Director (w/o enclosure)
NORTHERN PALM BEACH COUNTY W.C.D.