HomeMy Public PortalAboutNPBC Water Control NPDES Agmnt 2003NPDES SECOND TERM PERMIT
INTERLOCAL AGREEMENT
This Agreement shall be effective as of the,-,�[O* day of QJ [k, 2003 ("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 THE TOWN OF GULF STREAM (hereinafter
referred to as the "Co -Permittee").
WITNESSETH:
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 (hereinafter referred to as the "NPDES Permit") to
governmental entities designated as the Palm Beach County -Municipal Separate Storm Sewer
System Permittees (hereinafter referred to as "the Permittees"); and
WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to this
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
fees to effect the legislative intent that FDEP's costs for administering the NPDES Program be borne
by regulated parties; and
WHEREAS, the Permittees timely filed a re-application to FDEP to be granted a renewal for
the second term ofthe NPDES Permit (hereinafter referred to as "the NPDES Second Term Permit");
and
WHEREAS, on November 18, 2002, FDEP granted said Second Term Permit with certain
conditions enumerated therein; and
WHEREAS, the NPDES Second Term Permit, like the NPDES Permit, contains certain
separate obligations and responsibilities on the part of each individual Permittee, as well as some
obligations and responsibilities that may be performed jointly by all of the Group Permittees; and
WHEREAS, due to the number of Group Permittees and the tasks that must be performed
under the NPDES Second Term Permit, it would be most economically and administratively feasible
to allocate duties, responsibilities, and costs associated therewith under the terms of this Agreement;
and
WHEREAS, the Permittees have established a 6 -member Steering Committee comprised of
2 representatives of large municipalities, 2 representatives of smaller municipalities, l representative
of special districts, and 1 representative of Palm Beach County, which Committee coordinates the
joint activities in Palm Beach County'sNPDES Program, including butnot limited to recommending
to the Lead Permittee retention of necessary consultants to execute the Program; and
WHEREAS, the parties had previously executed Agreements in 1997, with Palm Beach
County's execution in 1998 and the Florida Department of Transportation's (FDOT's) execution of
a Joint Participation Agreement in 1999, setting forth the terms and conditions of the parties'
obligations and responsibilities required of them during the first 5 years of the NPDES Permit; and
WHEREAS, these agreements were extended by the parties prior to the termination date of
September 30, 2002, until generally such time as the parties execute additional agreements as
required by the NPDES Second Term Permit; and
WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part 1 of Florida
Statutes, to enter into this additional Interlocal Agreement and do hereby wish to adopt, ratify and
confirm the provisions and incorporation herein of Subparagraph (9) of Section 163.01, Florida
Statutes.
NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, the
undersigned parties, for and in consideration 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. 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 the NPDES Second Term
Permit.
2.02. Co -Permittee. The TOWN OF GULF STREAM is
hereby designated as a Co -Permittee for the purposes of this Agreement and the NPDES Second
Term Permit.
G
SECTION FIVE
SCOPE OF WORK AND ALLOCATION OF
DUTIES AND OBLIGATIONS
5.01. Scope of Work
The Scope of Work contemplated under this Agreement is applicable to the
implementation and execution of the NPDES Second Term Permit, which Permit is incorporated
herein, to be facilitated and coordinated by the Steering Committee, and is generally described as
follows:
(i) The timely preparation, coordination, and execution of all interlocal
agreements necessary to carry out the terms of the NPDES Second Term Permit.
(ii) The timely preparation, coordination, and submittal to FDEP of all system-
wide annual reports.
(iii) The timely implementation, coordination, and execution of all monitoring
required by Part V.B. of the NPDES Second Term Permit.
(iv) The timely preparation, coordination, and submittal to FDEP of major
watershed pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit.
(v) The timely development, implementation, and execution of all system -wide
public education programs required by the NPDES Second Term Permit.
(vi) The timely development, implementation, and execution of all storm water
management programs required by the NPDES Second Term Permit.
(vii) The timely preparation, coordination, and distribution of standardized forms
necessary to carry out the terms of the NPDES Second Term Permit.
(viii) The timely payment of all applicable permit fees.
(ix) The timely and adequate performance of any other necessary and reasonable
task required by the NPDES Second Term Permit.
5.02. Allocation of Duties and Obligations
(i) The Lead Permittee shall be responsible for those duties and obligations which
are specifically identified and delineated in Attachment "A" which is attached hereto and
incorporated herein (the "Lead Permittee Services").
(ii) The Co -Permittee shall be responsible for such other duties and obligations
as are identified as being its individual responsibility in the NPDES Second Term Permit.
5.03. Modifications to NPDES Second Term Permit
It is understood and agreed that any changes, modifications, revisions, or additions
to the terms of the NPDES Second Term Permit made subsequent to the Effective Date of this
Agreement are expressly excluded from and not a subject of this Agreement.
SECTION SIX
FUNDING AND ALLOCATION OF COSTS AND EXPENSES
As required by Sect. 2 of the Resolution adopted by the Lead Permittee on September 24,
1997 approving the NPDES Steering Committee Administrative Guidelines for Collection,
Management and Disbursement of NPDES Interlocal Agreement Funds, attached hereto as
Attachment `B", said guidelines are hereby incorporated by reference into this Interlocal Agreement.
6.01. Annual Budget. In that this Agreement is anticipated to be renewed for a number of
Fiscal Years, the parties acknowledge that it is difficult to project the potential costs the Lead
Permittee may be required to incur in future Fiscal Years in order to cavy out the Lead Permittee
Services.
Due to the above, the parties agree that it is in their mutual best interests to arrive at
a payment amount on an annual advance Fiscal Year basis in order to more reasonably 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.
6.02. Prior Funding. The parties agree that any surplus funds previously paid by the Co -
Permittee pursuant to any prior Interlocal Agreement it has entered into with the Lead Permittee that
relates to the NPDES Permit application process, or the reapplication process for the Second Term,
shall be applied to and used for the provision of Lead Permittee Services by the Lead Permittee
during the 2002 Fiscal Year.
6.03. 2003 Fiscal Year Payment. In addition to the funds referenced in above Section 6.02,
the parties agree that for the 2003 Fiscal Year, the Co -Permittee shall also pay to the Lead Permittee
the sum which represents the combined payment of the Lead Permittee's Services during the 2003
Fiscal Year term of this Agreement and the Section 6.04 ten percent (10%) Reserve Fund
Contingency pursuant to the terms of this Agreement.
6.04. Reserve Contingency. The parties acknowledge that each Fiscal Year payment
required to be paid by the Co -Permittee to the Lead Permittee for the provision of the Lead Permittee
Services will include a reserve fund contingency (the "Reserve Fund Contingency") for unexpected
additional costs and expenses. The Reserve Fund Contingency amount shall be equal to ten percent
(10%) of each Fiscal Year's payment amount.
6.05. Current Funding. The parties acknowledge that the aforementioned funding will be
sufficient to satisfy the current NPDES Second Term Permit requirements for the 2002 Fiscal Year
unless unexpected additional costs and expenses of the nature described in following Section 7.03
are incurred.
6.06. Future Funding. As to future Fiscal Year payments that will be required to be paid
by the Co -Permittee to the Lead Permittee, the parties agree that on or before March 1, 2003, the
Lead Permittee shall provide acost estimate to the Co -Permittee of the amount the Co -Permittee will
be requested to pay during the 2003 Fiscal Year, with all subsequent Fiscal Year estimates to be sent
on or before March 1 st of each following Fiscal Year. The Lead Permittee and Co -Permittee shall
then have until sixty (60) days before the beginning of the next Fiscal Year to agree in writing upon
a mutually acceptable dollar amount to be paid by the Co -Permittee to the Lead Permittee for the
applicable Fiscal Year, all of which shall be paid pursuant to Section Seven of this Agreement. If,
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.
6.07. 2006 Fiscal Year. It is possible that during the 2006 Fiscal Year, the Co -Permittees
and FDEP will commence to negotiate or renegotiate the terms of the NPDES Second Term Permit.
As a result, allocation of the Scope of Services that are required to be provided hereunder may be
modified. Due to this uncertainty, the allocation of each party's duties and obligations hereunder,
together with the funding process for provision of services, will be reexamined during the 2007
Fiscal Year of this Agreement.
6.08. urate Co -Permittee Expenses. Except for such amounts as are required to be paid
by the Co -Permittee to the Lead Permittee pursuant to above Sections 6.02 through 6.07, the Co -
Permittee shall be responsible for all other costs and expenses relating to its individual duties and
obligations under the NPDES Second Term Permit, including but not limited to: (1) all costs of the
Co-Permittee's preparation and submittal of such of its own individual Annual Report(s) that may
be separately required by the NPDES Second Term 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 the NPDES
Second Term Permit, and (4) all other costs of carrying out any other individual responsibility of the
Co -Permittee according to the terms of the NPDES Second Term Permit.
SECTION SEVEN
PAYMENT PROCEDURE
The Co -Permittee agrees to pay its annual Fiscal Year payments as follows:
7.01. 2003 Fiscal Year. The 2003 Fiscal Year payment amount specified in above Section
6.03 may, at the option of the Co -Permittee, be paid in either a single lump sum payment due and
payable on or before December 15, 2003; in twelve (12) equal monthly installments commencing
on October 1, 2003, and thereafter on the 1 st day of each subsequent month of the 2003 Fiscal Year
(said payment dates being hereinafter referred to as the "Payment Due Dates"); or quarterly payments
made on December 1, 2003; March 1, 2004; May 1, 2004; and September 1, 2004.
7.02. Subsequent Fiscal Year Payments. Once a subsequent Fiscal Year payment amount
has been agreed to in writing by and between the Lead Permittee and the Co -Permittee, the Co -
Permittee may, at its option, pay the entire agreed-upon amount in either a single lump sum payment
due and payable on or before December 15 of that Fiscal Year; in twelve (12) equal monthly
installments commencing on October 1 of that Fiscal Year, and thereafter on the 1 st day of each
subsequent month of that Fiscal Year (said payment dates being hereinafter referred to as the
"Payment Due Dates"); or quarterly payments made on December 1, March 1, May 1, and September
1 of that Fiscal Year.
7.03. Additional Costs. Since it is possible that following the parties' finalization of an
agreed upon Fiscal Year 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
Fiscal Year, and in order to address same, the parties agree as follows:
(i) In order to ameliorate the possibility of unexpected additional costs and
expenses resulting from the theft, loss, or destruction of equipment required forprovision ofthe Lead
Permittee Services, the parties agree that the Lead Permittee is authorized to include as a portion of
the cost of providing its Lead Permittee Services, funding for the acquisition of loss, theft, and
property damage insurance for said equipment.
(ii) 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, then in that
event, the Lead Permittee shall promptly notify the Co -Permittee, in writing, of the nature and
estimated amount of the Co-Permittee'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 the Co-Permittee's allocable share of the unfunded
and unexpected additional costs and expenses.
(iii) Further, if the Co-Permittee's allocable share of the unexpected additional
costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency
account, the Lead Permittee shall include in the aforementioned notice to the Co -Permittee said
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excess amount. The Lead Permittee and Co -Permittee shall then attempt to negotiate the payment
procedure for said unfunded and unexpected additional costs and expenses.
(iv) If the Lead Permittee and Co -Permittee are able to agree as to the need and
amount of the unfunded and unexpected additional costs and expenses, said agreement shall be
reduced to writing and executed with the same formalities of this Agreement. The agreed upon
unfunded and unexpected additional costs and expenses shall be divided by the remaining months
of that particular Fiscal Year and paid to the Lead Permittee at the same time as the remaining
regular Fiscal Year payments pursuant to preceding Section 7.02.
(v) If the Lead Permittee and Co -Permittee are unable to agree as to the need
and/or amount of the unfunded and unexpected additional costs and expenses then in that event 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.
7.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties
hereto, if a Fiscal 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, then in that
event 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 remedied by the Co -
Permittee within said thirty (30) day notice time period.
SECTION EIGHT
OPTION TO TERMINATE
8.01. Termination. 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 and the termination shall not be effective until said thirty (30) days have
elapsed.
8.02. Effect of Termination. In the event of termination of this Agreement by the Co -
Permittee, the Co -Permittee shall be individually responsible, as of the effective date of termination,
for all requirements of the NPDES Second Term Permit as designated therein as the individual
responsibility of the Co -Permittee, and neither the Lead Permittee nor any other Co -Permittee shall
be responsible for the terminating Co-Permittee's individual obligations.
8.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement
under one of the optional termination provisions of this Agreement, or in the event of a failure to pay
by the Co -Permittee 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 date of its issuance or receipt of a notice of termination shall still be
E
due and owing and the right to collect said amount(s) shall survive the termination of this
Agreement.
8.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into
annual agreements, on a Fiscal Year basis, with one or more consultants or contractors for the
provision of certain services required in order for the Lead Permittee to provide its Lead Permittee
Services on behalf of all Co -Permittees. In that the Co -Per mittee'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, it is unlikely that if this Agreement is terminated for any reason, that the Co -
Permittee will be entitled to receive a refund from the Lead Permittee for any monies the Co -
Permittee has previously paid pursuant to this Agreement. However, to the extent 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, then in that event, the Lead Permittee shall be
obligated to reimburse the Co -Permittee for the amount of such a reduction in costs and expenses.
8.06. Documentation and 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, provided, however, that
said Co -Permittee shall be responsible for any costs incurred in making available such
documentation.
SECTION NINE
ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT
9.01. Enforcement. The designation of one of the parties under this Agreement as the Lead
Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead
Permittee to accept or assume any powers of enforcement of the NPDES Second Term Permit as to
the other party.
9.02. 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 the liability limits
established in Section 768.28, Florida Statutes.
9.03. Costs and Attorney's Fees. In the event of any litigation or administrative proceeding
to settle issues arising hereunder, the prevailing party shall be entitled to recover against the other
party its costs and expenses, including reasonable attorney's fees, which shall include but not be
limited to any fees and costs for any appeal that may be taken.
SECTION TEN
MISCELLANEOUS PROVISIONS
10.01. Notices. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing (including telex, facsimile, telegraphic, or
electronic mail (e-mail) 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 by registered or certified mail (postage prepaid), return receipt requested, to the following
addresses:
As to Lead Permittee: Caldwell & Pacetti, LLP
324 Royal Palm Way, Suite 300
Palm Beach, Florida 33480
Attn: Betsy S. Burden, Esq.
Phone: (561)655-0620
Fax: (561) 655-3775
As to the Co -Permittee:
TOWN OF GULF STREAM
(name)
100 SEA ROAD
Street Address
GULF STREAM 33483
City Zip
Attn: William Thrasher, Town Manager
Phone: 561-276-5116
Fax: 561-737-0188
10.02. Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof.
10.03. Construction. The preparation of this Agreement is considered a joint effort of the
parties and accordingly this Agreement shall not be construed more severely against one of the
parties than the other.
10.04. 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.
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10.05. 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.
10.06. 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 upon receipt of written approval by the other
party, which shall not be unreasonably withheld.
10.07. 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.
10.08. 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 Palm Beach County, Florida, and each
party hereby waives whatever their respective rights may have been in the selection of venue.
10.09. Time of the Essence. Time is of the essence with respect to this Agreement.
10.10. 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.
10.11. 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.
10.12. NPDES Second Term Permit. If there is any inconsistency between the terms of this
Agreement and the NPDES Second Term Permit, then the NPDES Second Term Permit shall
preempt, supersede, and control over the provisions of this Agreement.
10.13. Counterparts. This Agreement maybe 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.
10.14. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Court
in and for Pahn Beach County, Florida.
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10.15. Effective Date. This Agreement shall be effective as of the last date that it is signed
by all parties hereto.
10.16. Termination of Prior Agreements. All previous interlocal agreements or amendments
thereto entered into between the parties to this Agreement regarding the application or execution of
the NPDES Permit shall terminate as of the Effective Date of this Agreement.
IN WITNESS WHEREOF, the parties have set their hand and seals the day and year
hereinafter written.
EXECUTED by Lead Permittee this W4� day of12003.
ATTEST:
By:
Secreta
(SEAL)
BOARD OF SUPERVISORS, NORTHERN PALM
BEACH TY IMPROVE�MEn,NT DIS CT
By.
Pamela M. Rauch, President
EXECUTED by Co -Permittee this �_ day of 1 ky u A. 12003.
ATTES .
By: �� 0 l Z y'
(SEAL)
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
OWc\BSBW00.THE gmnWy tSv 4T=.wpd
12
ATTACHMENT "A"
TO
NPDES INTERLOCAL AGREEMENT
REGARDING SECOND TERM PERMIT
LEAD PERMITTEE RESPONSIBILITIES
The responsibilities of the Lead Permittee as to the implementation and execution of the
NPDES Second Term Permit is generally as follows:
(i) The timely preparation, coordination, and submittal to FDEP of the system -wide
annual report.
(ii) The preparation, coordination, and execution of interlocal agreements necessary to
carry out the joint responsibilities of all permittees.
(iii) The timely preparation, coordination and execution of any monitoring required by
Part V.B. of the NPDES Second Term Permit.
(iv) The timely preparation, coordination, and submittal to FDEP of major watershed
pollutant load estimates as required by Part V.A. of the NPDES Second Term Permit.
(v) The preparation, coordination, and distribution of standardized forms as approved by
the NPDES Steering Committee as necessary to carry out the terms of the NPDES
Second Term Permit.
(vi) Coordination and assistance in carrying out the terms of the NPDES Second Term
Permit.
(vii) Conducting NPDES Steering Committee Workshops and meetings.
(viii) The timely remittance of all necessary and reasonable permit fees, subject to the
timely and adequate collection of same by all other responsible Co -Permittees.
ATTACM ENT "B"
RESOLUTION OF THE BOARD OF SUPERVISORS OF
NORTHERN PALMI BEACH COUNTY LVIPROVENIENT DISTRICT
APPROVING THE NPDES STEERING CODdtiIITTEE ADi MNISTRATIVE
GUIDELINES FOR COLLECTION, hLANAGEMENT AND DISBURSEMENT
.OF NPDES INTERLOCAL AGREEMENT YMNDS
WHEREAS, NORTHERN PAUI BEACH COUNTY IlvLPROvEIviENI' 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 has recently issued its
National Pollutant Discharge Elimination System Permit No. FLS00001 S (the "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 NPDES
Permit and submission ofreports to the Florida Department of Environmental Protection and the
United States Environmental Protection Agency; and
WHEREAS, as 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 Millment of the terms and conditions of the NPDES
Permit; and
WHEREAS, a five 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 and one (1) representative for Palm Beach County; and
WHEREAS, on September 17, 1997 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, adopted Administrative Guidelines for the collection, management and disbursement
of NPDES Interlocal Agreement Funds, a true and correct copy of which is attached hereto and
identified as Exhibit "A" (the "NPDES Steering Committee Administrative Guidelines'; and
WHEREAS, Northern has been requested to adopt and comply with the aforementioned
NPDES Steering Committee Administrative Guidelines 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 Guidelines.
2. That Northern Palm Beach County Improvement District does hereby incorporate by
reference the NPDES Steering Committee Administrative Guidelines into each NPDES Interlocal
and/or Joint Participation Agreement that it enters into with a Co -Permittee.
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 24th DAY OF SEPTEMBER,
1997.
(DISTRICT SEAL) NORTHERN PALM BEACH COUNTY
IMPROVEMENT DISTRICT
BY:
William L. Kerslake, President
ATTEST:
Peter L. Pimentel, Secretary
U:W ORTHEWRESOLUMPOES.WPD
NPDES STEERING COMMITTEE ADtIUNI ISTRATIVE GUIDELINES
FOR COLLECTION, Ni UNL AGEMENT 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 and one (1) representative for Palm Beach County), 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:
I. Alternative NPDES Interlocal Agreement Payment Schedules In addition to the two
(2) payment options set forth in Paragraph's 7.01 and 7.02 of the NPDES Interlocal Agreement, a
Co -Permittee shall also be entitled to elect to pay the annual Fiscal 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 Fiscal Year are required to be paid on or before October 1, 1997,
January 1, 1998, April 1, 1998 and July 1, 1998, with all future Fiscal Year quarterly payments to
be paid in accordance with the same quarterly payment schedule.
NPBCID will be issuing one (1) invoice to each Co-Pennittee for its annual Fiscal
Year payment amount, following which the Co -Permittee shall then have thirty (30) 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. , Incorrie and Disbursement Accounting 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 Fiscal Year quaiter 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 Exhibit "A".
3. Budget Accounting Documentation.
(A) 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 Fiscal 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 budget accounting report shall be prepared by NPBCID in accordance
with the format set forth in attached Exhibit `B".
4. Reserve Fund Contingency Expenditures. Prior to any expenditure by NPBCID of
funds contained in the Reserve Fund Contingency account identified in the NPDES Interlocal
Agreement, NPBCID shall be required to submit 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 meeting. 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. NPDESInterlocal Agreement Budget Adoption Process. All future NPDES Interlocal
Agreement Fiscal Year budgets shall be adopted in accordance with the following procedure:
(A) On or before March 1st of each Fiscal Year, NPBCID shall prepare and
present to the Steering Committee a proposed budget for the next Fiscal Year.
(B) The Steering Committee shall consider the proposed next Fiscal Year budget
at a regular Steering Committee meeting and open the matter to discussion by those Co -Permittee
representatives present and attending the meeting.
(C) Adoption of the next Fiscal 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 Fiscal Year's
budget and calculation of each Co-Pemuttee'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 share. "Surplus funds" for the purpose of
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MANLEY P. 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
PALM BEACH, FLORIDA 03480-4052
April 4, 2003
Rita L. Taylor, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
TELEPHONE: (561) 655-0620
TELECOPIER: (561) 655-3775
E-MAIL: 110fldala W ®8a(ihllnk. n8(
PLEASE REPLY TO
POST OFFICE BOX 2775
PALM BEACH, FL 33480-2775
RE: Northern Palm Beach County Improvement District (NPBCID)/NPDES Second Term
Permit Interlocal Agreement
Dear Ms. Taylor:
Enclosed for your records is one original executed Interlocal Agreement regarding the
NPDES Second Term Permit that has been filed with the Clerk of Court.
Thank you very much for your assistance in this matter.
Sincerely,
Betsy S. Burden
BSB/slc
Enclosure
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