CITY OF DEERFIELD BEACH Request for City Commission Agenda

Transcription

1 Item: CITY OF DEERFIELD BEACH Request for City Commission Agenda Agenda Date Requested: 7/10/2012 Contact Person: Charles DaBrusco. P.E., Director, Environmental Services Description: Interlocal Agreement between Broward County and the City of Deerfield Beach for the performance of specific technical activities required by the NPDES MS4 Permit. Fiscal Impact: FY $14,103; FY $14,456; FY $14,817; FY $15,188; FY $15,567. Budget Line Item Number and Title: , Road and Bridge Fund Government Fees and Permits. Required Attachment: A Cover Memo from the Department Head to the City Manager further describing the request and providing back-up information and documents. THIS SECTION RESERVED FOR PROCESSING OF THE REQUEST Ordinance X Resolution X Consent Agenda Agenda Item Type Presentation Written Request Public Hearing Public Hearing Second Reading Quasi-Judicial Public Hearing General Item Comments: ITEM APPROVED FOR THE AGENDA: Keven Klopp 7/1/12 Signature Date

2 RESOLUTION NO. 2012/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, APPROVING AN AGREEMENT WITH BROWARD COUNTY FOR THE PERFORMANCE OF SPECIFIC TECHNICAL ACTIVITES REQUIRED BY THE NPDES MS4 PERMIT FOR THE AMOUNT OF $14, FOR 2012 WHEREAS, the Environmental Protection Agency (EPA), by provision of the Water Quality Act of 1987, 33 U.S.C and 40 CFR (c) requires all Agencies to comply with applicable regulations of the National Pollutant Discharge Elimination System (NPDES) municipal Separate Storm Sewer System (MS4) Permit Program; and WHEREAS, Broward County is the lead agency by means of a joint NPDES MS4 Permit issued to Broward County with a group of cities as co-permittees; and WHEREAS, the Interlocal Agreement will be for activities required by NPDES MS4 Permit Number FLS for the third five year cycle; and WHEREAS, the funds for the services provided by Broward County will be from the Road and Bridge Fund Government Fees and Permits ; and WHEREAS, the amount to be paid to Broward County on December 1 of each year is as follows: $14,103.00, $14,456, $14,817 and $15,188; and WHEREAS, Staff recommends that the City Commission approve the Interlocal Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS: Section 1. The above referenced Whereas clauses are true and correct and made a part hereof. Section 2. The City Commission of the City of Deerfield Beach does hereby approve the Interlocal Agreement between Broward County and the City of Deerfield Beach for the performance of specific technical activities required by the NPDES MS4 Permit. The Mayor and/or the City Manager is authorized to execute same. PASSED AND ADOPTED THIS DAY OF, ATTEST: PEGGY NOLAND, MAYOR

3 ADA GRAHAM-JOHNSON, MMC, CITY CLERK Deerfield/Resolutions/Broward County NPDES Interlocal 2

4 Memorandum TO: FROM: Burgess Hanson, City Manager Charles DaBrusco, Director of Environmental Services DATE: June 26, 2012 RE: Interlocal Agreement between Broward County and the City of Deerfield Beach for the performance of specific technical activities required by the NPDES MS4 Permit The Environmental Protection Agency (EPA), by provision of the Water Quality Act of 1987, 33 U.S.C. 1251, and 40 CFR (c), requires all Agencies such as the City of Deerfield Beach to comply with the applicable regulations of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program. The Florida Department of Environmental Protection (FDEP) issued a j oint NPDES MS4 Permit to Broward County and a g roup of Agencies, including the City of Deerfield Beach, with Broward County, through the Environmental Protection and Growth Management Department (EPGMD) acting as the lead permittee and the other parties as copermittees. Previous Interlocal Agreements were executed between Broward County and the participating Agencies for the first and second cycle permits in December, 1996, October, 1998, and June, The last executed agreement expired at the conclusion of the second five-year NPDES MS4 Permit on September 1, This Interlocal Agreement will be for activities required by NPDES MS4 Permit Number FLS , for the third cycle five-year period effective September 2, Broward County EPGMD coordinates and conducts specific technical activities required by the NPDES MS4 Permit on behalf of the other parties to the permit, and has provided these services on behalf of the City of Deerfield Beach since the inception of the NPDES MS4 in This arrangement saves the City and t he other parties the cost of additional personnel and ot her resources required to perform these activities. City Staff are desirous of continuing the procurement of the services of the Broward County EPGMD for the compliance of the current permit. The costs of the proposed services to be provided by Broward County for the five-year agreement period are estimated as follows: FY $14,103; FY $14,456; FY $14,817; FY $15,188 and FY $15,567. The funds for the services will be provided from Account No , Road and Bridge Fund Government Fees and Permits. Staff recommends to the City Commission to authorize the execution of the Interlocal Agreement between Broward County and the City of Deerfield Beach for the performance of specific technical activities required by the NPDES MS4 Permit. Attachments

5 AGREEMENT among BROWARD COUNTY CITY OF COCONUT CREEK; CITY OF COOPER CITY; CITY OF CORAL SPRINGS; CITY OF DANIA BEACH; TOWN OF DAVIE; CITY OF DEERFIELD BEACH; CITY OF HALLANDALE BEACH; TOWN OF LAUDERDALE-BY-THE-SEA; CITY OF LAUDERDALE LAKES; CITY OF LAUDERHILL; CITY OF LIGHTHOUSE POINT; CITY OF MARGATE; CITY OF MIRAMAR; CITY OF NORTH LAUDERDALE; CITY OF OAKLAND PARK; CITY OF PARKLAND; TOWN OF PEMBROKE PARK; CITY OF PEMBROKE PINES; CITY OF PLANTATION; CITY OF POMPANO BEACH;

6 TOWN OF SOUTHWEST RANCHES; CITY OF SUNRISE; CITY OF TAMARAC; CITY OF WESTON; CITY OF WEST PARK; CITY OF WILTON MANORS; SHARE THE RESOURCE BURDEN OF THE SYSTEM-WIDE EPA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT NO. FLS AND AUTHORIZE THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT TO CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED BY THE THIRD FIVE-YEAR PERMIT

7 This is an I nterlocal Agreement, made and entered into by and be tween: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," AND CITY OF COCONUT CREEK; CITY OF COOPER CITY; CITY OF CORAL SPRINGS; CITY OF DANIA BEACH; TOWN OF DAVIE; CITY OF DEERFIELD BEACH; CITY OF HALLANDALE BEACH; TOWN OF LAUDERDALE-BY-THE-SEA; CITY OF LAUDERDALE LAKES; CITY OF LAUDERHILL; CITY OF LIGHTHOUSE POINT; CITY OF MARGATE; CITY OF MIRAMAR; CITY OF NORTH LAUDERDALE; CITY OF OAKLAND PARK; CITY OF PARKLAND; TOWN OF PEMBROKE PARK; CITY OF PEMBROKE PINES; CITY OF PLANTATION; CITY OF POMPANO BEACH; TOWN OF SOUTHWEST RANCHES; CITY OF SUNRISE; CITY OF TAMARAC; CITY OF WESTON; CITY OF WEST PARK; CITY OF WILTON MANORS; municipal corporations existing under the laws of the state of Florida, hereinafter referred to as "PARTIES." WHEREAS, this Agreement is entered into pursuant to Section , Florida Statutes (2011) also known as the "Florida Interlocal Cooperation Act of 1969," and other Florida law; and WHEREAS, the Environmental Protection Agency (EPA), by way of the Water Quality Act of 1987, 33 U.S.C. 1251, and 40 CFR (c), requires the COUNTY and the PARTIES to comply with the applicable conditions of the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program; and WHEREAS, the EPA has recommended Broward County Environmental Protection and Growth Management Department (EPGMD) act as "lead permittee" and the PARTIES act as "co-permittees;" and WHEREAS, the State of Florida, pursuant to Section , F.S., as amended, is empowered to establish a s tate NPDES program in accordance with Section 402 of the Clean Water Act, as amended, and the Florida Department of Environmental Protection (FDEP) the NPDES permitting program from the United States Environmental Protection Agency and implemented the program; and WHEREAS, the FDEP has adopted Rule , Florida Administrative Code (F.A.C.), Municipal Separate Storm Sewer Systems, to administer the delegation of the NPDES MS4 Permit program from EPA; and WHEREAS, the COUNTY, by and t hrough its EPGMD, has the legal authority and ability to coordinate and conduct specific technical activities required by the NPDES MS4 Permit; and -1-

8 WHEREAS, the COUNTY, by and through its Public Works Department, has the legal authority to plan, design, construct, operate, and maintain County-owned drainage facilities and/or drainage facilities located within the unincorporated area of Broward County, as required of NPDES MS4 permittees; and WHEREAS, previous Interlocal Agreements executed by the PARTIES and the COUNTY on December 3, 1996, October 20, 1998, and June 29 th, 2004 expired at the conclusion of the second five-year NPDES MS4 Permit on September 1, 2011; and WHEREAS, Rule , F.A.C., provides that the second five-year NPDES MS4 Permit remain in effect until FDEP's final agency action concerning the permit renewal, and WHEREAS, portions of the unincorporated area have been incorporated as the City of West Park since the previous Interlocal Agreements were executed, and WHEREAS, FDEP issued NPDES MS4 Permit Number FLS for the third cycle five-year period on September 2, 2011; and WHEREAS, the PARTIES are desirous of procuring the services of the COUNTY, pursuant to the NPDES MS4 regulations, to manage and/or perform certain technical tasks necessary to determine compliance with the applicable portions of Parts III and V of the NPDES MS4 Permit; and IN CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the COUNTY and the PARTIES agree as follows: 1. DEFINITIONS, IDENTIFICATIONS, AND APPLICABILITY OF AGREEMENT This Agreement applies to the COUNTY and those PARTIES identified in this agreement for the COUNTY to perform certain specific program requirements of Parts III and V of the Broward County NPDES MS4 Permit, No. FLS For purposes of this Agreement, reference to one gender shall include the other, use of the plural shall include the singular, and use of the singular shall include the plural. The following definitions apply unless the context in which the word or phrase is used requires a different definition: 1.1 Agreement - means this document, Articles 1 through 9, inclusive. Other terms and conditions are included in the Attachments and documents that are expressly incorporated by reference. 1.2 Board - The Broward County Board of County Commissioners. 1.3 Contract Administrator - The Broward County Administrator, the Director of the Broward County Development and Environmental Regulation Division, or the designee of such County Administrator or Director. The primary responsibilities -2-

9 of the Contract Administrator are to coordinate and communicate with PARTIES and to manage and supervise execution and completion of the County and Parties Responsibilities and the terms and conditions of this Agreement as set forth herein. In the administration of this Agreement, as contrasted with matters of policy, all PARTIES may rely on t he instructions or determinations made by the Contract Administrator; provided, however, that such instructions and determinations do not change the County and Parties Responsibilities. 1.4 County Administrator - The administrative head of COUNTY pursuant to Sections 3.02 and 3.03 of the Broward County Charter. 1.5 County Attorney - The chief legal counsel for COUNTY who directs and supervises the Office of the County Attorney pursuant to Section 2.10 of the Broward County Charter. 1.6 Project - The Project consists of the services described in Paragraph 2 and Attachment A, County and Parties Responsibilities. 2. COUNTY AND PARTIES RESPONSIBILITIES 2.1 The COUNTY and PARTIES agree that they will conduct the tasks and provide the data indicated in Attachment A, County and Parties Responsibilities, that will enable the COUNTY and PARTIES to prepare and submit the ANNUAL REPORT to FDEP within the times required by the NPDES MS4 Permit. 2.2 It shall be the responsibility of the parties other than EPGMD to perform the requirements of the NPDES MS4 Permit not listed in this Interlocal Agreement. 2.3 Nothing herein is intended to serve as a w aiver of sovereign immunity by any party nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this Agreement or any other contract. COUNTY and PARTIES are state agencies or political subdivisions as defined in Chapter , Florida Statutes, and each agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. 3. FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY It is specifically understood and agreed that all rights and pow ers as may be vested in PARTIES pursuant to Florida Law, or any other law or ordinance or Charter Provision of any PARTY not specifically transferred to the COUNTY hereunder shall be retained by the PARTIES. 4. FINANCIAL CONTRIBUTION COUNTY agrees to perform the services set forth in Section 2, COUNTY AND PARTIES RESPONSIBILITIES, at a cost to each PARTY in Year 2012 of $600-3-

10 plus $0.18 per capita based on the 2010 census data. The fees for 2012, 2013, 2014, and 2015 shall be pay able in accordance with the schedule shown on Attachment B. Payments for 2012 shall be due on December 1, 2012 or the date of execution of this agreement, whichever is later. 5. TERM OF AGREEMENT 5.1 This Agreement shall be effective and shall continue in full force and effect for the duration of the third cycle of NPDES MS4 Permit term, and any extension or continuation of the Permit's effectiveness pursuant to Section 5.2, below, or Rule , F.A.C. 5.2 If the third cycle of the NPDES MS4 Permit expires before FDEP issues the permit renewal and the term and conditions of the third cycle permit are still in effect under Rule , F.A.C., then the COUNTY and the PARTIES agree to continue to provide the services indicated in this Agreement. The PARTIES agree to continue to provide the financial contribution in proportion to the number of days between the expiration of the third cycle permit and the issuance date of the fourth cycle permit as indicated on Attachment B with an escalation factor of two and one half percent (2½%) each year or portion thereof. 5.3 This Agreement shall remain in full force and effect unless written notice of termination by COUNTY or any PARTY is provided pursuant to Section 7, NOTICES. 6. ACCESS TO RECORDS This Agreement may be unilaterally canceled by the COUNTY or PARTIES for refusal by a p arty to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY or PARTIES conjunction with this Agreement. 7. NOTICES Whenever COUNTY or PARTIES desire to give notice to the other, such notice must be in writing, sent by certified United States Mail, postage prepaid, return receipt requested, or sent by commercial express carrier with acknowledgement of delivery, or by hand delivery with a request for a w ritten receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. T he place for giving notice shall remain the same as set forth herein until changed in writing in the manner provided in this section. For the present, the COUNTY and PARTIES designate the following: -4-

11 IF TO COUNTY: Department of Environmental Protection and Growth Management Director, Broward County Development and Environmental Regulation 1 N University Dr. #201 Plantation, FL Unincorporated Broward County Director, Public Works Department 115 South Andrews Avenue Fort Lauderdale, FL IF TO PARTIES: Mayor, City of Coconut Creek 4800 West Copans Road Coconut Creek, FL Mayor, City of Coral Springs 9551 West Sample Road Coral Springs, FL Mayor, Town of Davie 6591 Orange Drive Davie, FL Mayor, City of Hallandale Beach 400 South Federal Highway Hallandale Beach, FL Mayor, City of Lauderdale Lakes 4300 Northwest 36 Street Lauderdale Lakes, FL Mayor, City of Lighthouse Point 2200 NE 38 th Street Lighthouse Point, FL Mayor, City of Miramar 2300 Civic Center Place Miramar, FL Mayor, City of Oakland Park 3650 Northeast 12 Avenue Oakland Park, FL Mayor, Town of Pembroke Park 3150 Southwest 52 Avenue Pembroke Park, FL Mayor, City of Cooper City 9090 Southwest 50 Place Cooper City, FL Mayor, City of Dania Beach 100 West Dania Beach Boulevard Dania Beach, FL Mayor, City of Deerfield Beach 150 Northeast Second Avenue Deerfield Beach, FL Mayor, Town of Lauderdale-by-the Sea 4501 Ocean Drive Lauderdale-by-the-Sea, FL Mayor, City of Lauderhill 5581 W Oakland Park Blvd Lauderhill, FL Mayor, City of Margate 5790 Margate Boulevard Margate, FL Mayor, City of North Lauderdale 701 Southwest 71 Avenue North Lauderdale, FL Mayor, City of Parkland 6600 University Dr. Parkland, FL Mayor, City of Pembroke Pines Pines Boulevard Pembroke Pines, FL

12 Mayor, City of Plantation 400 Northwest 73 Avenue Plantation, FL Mayor, Town of Southwest Ranches Griffin Road Southwest Ranches, FL Mayor, City of Tamarac 7525 Northwest 88 Avenue Tamarac, FL Mayor, City of West Park 1965 S SR7 West Park, FL Mayor, City of Pompano Beach 100 West Atlantic Boulevard P. O. Drawer 1300 Pompano Beach, FL Mayor, City of Sunrise West Oakland Park Blvd. Sunrise, FL Mayor, City of Weston Royal Palm Boulevard Weston, FL Mayor, City of Wilton Manors 2020 Wilton Drive Wilton Manors, FL TERMINATION 8.1 This Agreement may be terminated for cause by an aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Agreement may also be terminated for convenience by the Board. Termination for convenience by the Board shall be effective on the termination date stated in written notice provided by COUNTY, which termination date shall be not less than thirty (30) days after the date of such written notice. This Agreement may also be terminated by the County Administrator upon s uch notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. The PARTIES agree that if COUNTY erroneously, improperly or unjustifiably terminates for cause, such termination shall be de emed a termination for convenience, which shall be e ffective thirty (30) days after such notice of termination for cause is provided. 8.2 Notice of termination shall be provided in accordance with the NOTICES" section of this Agreement except that notice of termination by the County Administrator, which the County Administrator deems necessary to protect the public health, safety, or welfare may be v erbal notice that shall be pr omptly confirmed in writing in accordance with the "NOTICES" section of this Agreement. 8.3 In the event this Agreement is terminated for convenience, COUNTY shall be paid for any services properly performed under the Agreement through the termination date specified in the written notice of termination. COUNTY acknowledges and ag rees that it has received good, valuable and s ufficient consideration from PARTIES, the receipt and adequacy of which are, hereby acknowledged by PARTIES, for COUNTY s right to terminate this Agreement for -6-

13 convenience. 9. MISCELLANEOUS PROVISIONS 9.1 Rights in Documents and Work: Any and all reports, photographs, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of COUNTY and may be s ubject to public records law; and, if a copyright is claimed, PARTIES grant to COUNTY a nonexclusive license to use the copyrighted item(s) indefinitely, to prepare derivative works, and t o make and distribute copies to the public. In the event of termination of this Agreement, any reports, photographs, surveys, and other data and documents prepared by COUNTY, whether finished or unfinished, shall become the property of COUNTY and shall be delivered by SECOND PARTY to the Contract Administrator within seven (7) days of termination of this Agreement by either party. 9.2 Independent Contractor: COUNTY is an independent contractor under this Agreement. Services provided by COUNTY pursuant to this Agreement shall be subject to the supervision of COUNTY. I n providing such services, neither COUNTY nor its agents shall act as officers, employees, or agents of PARTIES. No partnership, joint venture, or other joint relationship is created hereby. COUNTY does not extend to PARTIES or PARTIES' agents any authority of any kind to bind COUNTY in any respect whatsoever. 9.3 Third Party Beneficiaries: Neither COUNTY nor PARTIES intend to directly or substantially benefit a third party by this Agreement. Therefore, COUNTY and PARTIES agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. 9.7 Assignment: Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the COUNTY and PARTIES. In addition, COUNTY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by PARTIES of this Agreement or any right or interest herein without COUNTY's written consent. 9.9 Materiality and Waiver of Breach: COUNTY and PARTIES agree that each requirement, duty, and obligation set forth herein was bargained for at armslength and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is, therefore, a material term hereof. COUNTY's or any PARTIES failure to enforce any provision of this Agreement -7-

14 shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement Severance: In the event a por tion of this Agreement is found by a c ourt of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless COUNTY or PARTIES elect to terminate this Agreement. A n election to terminate this Agreement based upon this provision shall be made within seven (7) days after the finding by the court becomes final Joint Preparation: COUNTY and PARTIES have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort. The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against COUNTY or one of the PARTIES than another. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party Priority of Provisions: If there is a conflict or inconsistency between any term, statement, requirement, or provision of any attachment hereto, any document or events referred to herein, or any document incorporated into this Agreement by reference and a term, statement, requirement, or provision of Articles 1 through 9 of this Agreement, the term, statement, requirement, or provision contained in Articles 1 through 9 shall prevail and be given effect Jurisdiction, Venue, Waiver of Jury Trial: This Agreement shall be i nterpreted and construed in accordance with and g overned by the laws of the State of Florida. COUNTY and PARTIES all agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Seventeenth Judicial Circuit in Broward County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, COUNTY AND PARTIES HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A T RIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT Amendments: No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a w ritten document prepared with the same or similar formality as this Agreement and executed by the Board of County Commissioners and PARTIES or others delegated authority to or otherwise authorized to execute same on their behalf. Part VI.A. of the NPDES MS4 Permit contains a p ermit re-opener clause. I f FDEP exercises the option to re-open the permit and revise or reissue the permit, -8-

15 the COUNTY or the PARTIES may pursue a modification of this agreement to reflect the impacts of such permit revision or re-issuance Prior Agreements: This document represents the final and c omplete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Agreement that is not contained in this written document. A ccordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written Incorporation by Reference: The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. Attachments A and B are incorporated into and made a part of this Agreement Representation of Authority: Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority Multiple Originals: Multiple copies of this Agreement may be executed by all parties, each of which, bearing original signatures, shall have the force and effect of an original document. (REMAINDER OF PAGE INTENTIONALLY BLANK) -9-

16 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: B ROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and t hrough its Mayor or Vice Mayor, authorized to execute same by Board action on the day of, 20, and PARTIES, signing by and t hrough their respective commissions and councils, duly authorized to execute same. COUNTY ATTEST: BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS County Administrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida By Mayor day of, 20. Approved as to form by Office of County Attorney Broward County, Florida Joni Armstrong Coffey, County Attorney Governmental Center, Suite South Andrews Avenue Fort Lauderdale, Florida Telephone: (954) Telecopier: (954) By Michael C. Owens (Date) Senior Assistant County Attorney MCO/bjl 6/6/2012 NPDES Agreement docx -10-

17 AGREEMENT AMONG BROWARD COUNTY AND PARTIES TO SHARE THE RESOURCE BURDEN OF THE SYSTEM-WIDE EPA NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT AND AUTHORIZE THE BROWARD COUNTY ENVIRONMENTAL PROTECTION AND GROWTH MANAGEMENT DEPARTMENT TO CONDUCT SPECIFIC TECHNICAL ACTIVITIES REQUIRED BY THE THIRD FIVE-YEAR PERMIT. CITY OF DEERFIELD BEACH Attest: Clerk By Mayor-Commissioner day of, 20 By Manager day of, 20 APPROVED AS TO FORM: City Attorney -16-

18 AGREEMENT AMONG BROWARD COUNTY AND PARTIES CONCERNING THE THIRD FIVE-YEAR NPDES MS4 PERMIT NO. FL ATTACHMENT A COUNTY AND PARTIES RESPONSIBILITIES PART III. SCHEDULES FOR IMPLEMENTATION AND COMPLIANCE The permittees consist of the COUNTY (by and through its Public Works Department, or "BCPWD") and the PARTIES (municipalities). The permittees shall be responsible for completing the activities shown in the following schedules for Stormwater Management Program implementation and permit compliance. Each permittee shall be responsible for preparing and submitting an annual report to Florida Department of Environmental Protection (DEP) as described in the following table under the reporting requirement. By this Agreement, Broward County, by and through its Environmental Protection and Growth Management Department, or "BCEPGMD", will perform certain technical activities on behalf of the Parties and the BCPWD. A. Implementation of Stormwater Management Programs. 1. Structural Controls and Stormwater Collection Systems Operation. RESPONSIBILITY ALL Maintain an up-to-date inventory of the structural controls and roadway stormwater collection structures operated by the permittee, including, at a minimum, all of the types of control structures listed in Table II.A.1.a of the permit. Update MS4 mapping, as needed. BCPWD & PARTIES Report the current known inventory in each ANNUAL REPORT. 1

19 1. Structural Controls and Stormwater Collection Systems Operation. RESPONSIBILITY Provide an inventory of all known major outfalls covered by the permit and a map depicting the location of the major outfalls (hard copy or CD-ROM). BCPWD & PARTIES Provide the outfall inventory and map with the Year 1 ANNUAL REPORT. 2

20 1. Structural Controls and Stormwater Collection Systems Operation. RESPONSIBILITY ALL Except FDOT District Four and FDOT Florida s Turnpike Enterprise Annually review (and revise, as needed) and implement the permittee s written Standard Operating Procedures to conduct inspections and maintenance of the structural controls and roadway stormwater collection systems operated by the permittee in accordance with Table II.A.1.a of the permit to reduce pollutants, including floatables, in discharges from the MS4.* Maintain an internal record keeping system to schedule and document inspections and maintenance activities conducted on the structural controls and roadway stormwater collection structures operated by the permittee. If these activities are conducted by another entity under a contractual agreement, then the permittees shall retain copies of the contractual agreement that specifies the schedule and frequency of the inspection and maintenance activities to be conducted. *(The permittee shall continue implementation of any existing procedures until such procedures are revised. If the permittee does not already have written Standard Operating Procedures in place, they shall be developed and implemented within 12 months of the date of permit issuance.) BCEPGMD and PARTIES Report the number of inspection and maintenance activities conducted for each type of structure included in Table II.A.1.a, and the percentage of the total inventory of each type of structure inspected and maintained, in each ANNUAL REPORT. If the minimum inspection frequencies set forth in Table II.A.1.a were not met, provide as an attachment an explanation of why they were not and a description of the actions that will be taken to ensure that they will be met in each ANNUAL REPORT. 3

21 1. Structural Controls and Stormwater Collection Systems Operation. RESPONSIBILITY City of West Park Develop and implement written Standard Operating Procedures (SOP) to conduct inspections and maintenance of the structural controls and roadway stormwater collection systems operated by the permittee in accordance with Table II.A.1.a of the permit to reduce pollutants, including floatables, in discharges from the MS4. The written procedures shall also include a description of the internal record keeping system to be used to document implementation of the inspections and maintenance activities. City of West Park Provide a copy of the SOP in the Year 1 ANNUAL REPORT. 4

22 2. Areas of New Development and Significant Redevelopment. RESPONSIBILITY ALL Except FDOT District Four and FDOT Florida s Turnpike Enterprise Continue to adhere to the policies of the permittee s current Comprehensive Plan (or similar document) and the requirements of local codes and regulations, as well as development review and permitting procedures, that incorporate stormwater quality considerations into land-use planning and development activities to reduce pollutants in stormwater discharges from areas of new development and significant redevelopment, and guide new development away from environmentally sensitive areas. The comprehensive planning process shall limit the increases in the discharge of pollutants in stormwater as a result of new development, and shall reduce the discharge of pollutants in stormwater from redeveloped areas, consistent with the requirements set forth in the Environmental Resource Permitting rules of the South Florida Water Management District. PARTIES for their codes and County for Ch.27 and Vol. 4 in area of ERP delegation Report the number of new development and significant redevelopment projects reviewed by the permittee for postdevelopment stormwater considerations in each ANNUAL REPORT. Maintain documentation of the new development and significant redevelopment project review activity. 5

23 2. Areas of New Development and Significant Redevelopment. RESPONSIBILITY ALL Except FDOT District Four and FDOT Florida s Turnpike Enterprise Conduct an inter-departmental review of the permittee s current local codes and land development regulations to identify potential changes to existing codes or regulations that will further reduce the stormwater impacts of new development and areas of significant redevelopment. In particular, focus on changes to the code that will promote: reductions in impervious surfaces, the use of swales, the incorporation of low impact development principles, reduction in flow and volume of stormwater, increase in natural hydrology, and adherence to the principles of the Florida Yards and Neighborhoods program in new landscaping. Develop a summary report of the review activity that includes the following information: all applicable local code and regulation citations reviewed (both current and draft); a description of the current and proposed techniques aimed at reducing the stormwater impact of new development and areas of significant redevelopment that are included within the applicable codes and regulations; a description of innovative stormwater planning techniques, including those described above, recommended for possible future incorporation into the codes and regulations (beyond what may be currently in draft); and, a plan for implementing changes to codes or regulations. PARTIES for their codes and EPGMD for Ch.27 and Vol. 4 in area of ERP delegation Provide in the Year 2 ANNUAL REPORT the summary report of the review activity. Provide in the Year 4 ANNUAL REPORT the follow-up report on plan implementation. In addition, develop a follow-up report that summarizes plan implementation to change the local codes and regulations and promote reducing stormwater impacts from new development and areas of significant redevelopment. 6

24 3. Roadways. RESPONSIBILITY ALL Annually review (and revise, as needed) and implement the permittee s written procedures for the litter control program(s) for public streets, roads, and highways, including rights-of-way, employed within the permittee s jurisdictional area and properly dispose of collected material. Implement the program on a monthly, or on an as needed, basis. Maintain documentation of the litter control program activities. *(The permittee shall continue implementation of any existing procedures until such procedures are revised. If the permittee does not already have written procedures in place, they shall be developed and implemented within 12 months of the date of permit issuance.) BCPWD & PARTIES Report on the litter control program, including the frequency of litter collection, an estimate of the total number of road miles cleaned or amount of area covered by the activities, and an estimate of the quantity of litter collected, in each ANNUAL REPORT. In addition to the litter collection program implemented by personnel, consider actively promoting and coordinating an "Adopt-A-Road" program (or similar program such as the Broward Clean and Beautiful Program) where volunteers collect litter and trash along roadways within the permittee s jurisdictional area. This activity may be accomplished through cooperative efforts with other permittees, public agencies, or private entities. Maintain documentation of the Adopt-A-Road (or similar program) activities. BCPWD & PARTIES If an Adopt-A-Road or similar program is implemented, report the total number of road miles cleaned and an estimate of the quantity of litter collected, in each ANNUAL REPORT. 7

25 3. Roadways. RESPONSIBILITY City of West Park Develop a description of the permittee-operated litter control program for highways and streets, including rights-of-way, within the permittee s jurisdictional area. The description shall include a map identifying the highways and streets (including rights-of-way) and the total miles addressed under the litter control program, the frequency of the litter collection activities, the process for determining the amount of litter collected, and the method for documenting the litter control program activities (including the total miles maintained, the frequency of the litter collection and the amount of litter collected). City of West Park Provide the description of the litter control program in the Year 1 ANNUAL REPORT. 8

26 3. Roadways. RESPONSIBILITY ALL Annually review (and revise, as needed) and implement the permittee s written procedures for the street sweeping program for highways and streets, including rights-of-way, with curbs and gutters employed within the permittee s jurisdictional area and properly dispose of collected material. The procedures shall include the criteria for determining which roadways will be swept and the frequency of sweeping, and the method for quantifying and tracking the amount of material removed by the street sweepers. The permittees shall use the results of the ongoing Florida Stormwater Association MS4 Project, which will be completed by April 2011, to calculate the total nitrogen (TN) and total phosphorus (TP) load reductions. A permittee may also use results from a similar study if it is approved by the Department prior to doing the load calculations. Maintain documentation of the street sweeping program activities. BCPWD & PARTIES Report on the street sweeping program, including the frequency of the sweeping, total miles swept, an estimate of the quantity of sweepings collected, and the total nitrogen (TN) and total phosphorus (TP) loadings that were removed by the collection of sweepings, in each ANNUAL REPORT. *(The permittee shall continue implementation of any existing procedures until such procedures are revised. If the permittee does not already have written procedures in place, they shall be developed and implemented within 12 months of the date of permit issuance. A permittee that does not have a street sweeping program shall provide an explanation of why no program is necessary or possible. The explanation shall include the alternate BMPs used or planned to offset the load reductions not achieved through street sweeping.) If no street sweeping program is implemented, provide the explanation of why not in the Year 1 ANNUAL REPORT. 9

27 3. Roadways. RESPONSIBILITY City of West Park Develop a description of the permittee-operated street sweeping program for highways and streets, including rights-of-way, with curbs and gutters within the permittee s jurisdictional area. The description shall include a map identifying the highways and streets (including rights-of-way), the total miles addressed under the street sweeping program, the frequency of the street sweeping activities, the method for quantifying and tracking the amount of street sweeping material collected, and the method for documenting the street sweeping program activities (including the total miles swept, the frequency of the sweeping, the amount of street sweeping material collected and how this material is properly disposed). City of West Park Provide the description of the street sweeping program in the Year 1 ANNUAL REPORT. 10

28 3. Roadways. RESPONSIBILITY Annually review (and revise, as needed) and implement the permittee s written standard practices to reduce the pollutants in stormwater runoff from areas associated with road repair and maintenance, and from permittee-owned or operated equipment yards and maintenance shops that support road maintenance activities.* ALL The pollution prevention practices during road repair shall include limiting the amount of soil disturbance to the immediate area under repair and using appropriate stormwater, erosion, and sedimentation control BMPs from the Florida Stormwater, Erosion, and Sedimentation Control Inspector s Manual (Florida DEP, 2008) and from the State of Florida Erosion and Sediment Control Design and Review Manual, (FDOT, 2007) (or comparable document) until disturbed areas are stabilized. The permittee shall identify the equipment yards and maintenance shops that support road maintenance activities, and shall determine the necessary control measures and procedures to be employed at each facility through annual site inspections. Maintain documentation of the inspections that demonstrates the stormwater concerns reviewed and the appropriate control measures and procedures implemented or needing to be implemented. BCPWD & PARTIES Report the number of applicable facilities and the number of inspections conducted for each facility in each ANNUAL REPORT. *(The permittee shall continue implementation of any existing procedures until such procedures are revised. If the permittee does not already have written standard practices in place, they shall be developed and implemented within 12 months of the date of permit issuance.) 11

29 3. Roadways. RESPONSIBILITY Develop a description of the program for inspections and the implementation of measures to control pollutant discharges from the permittee-owned or operated equipment yards and maintenance shops that support road maintenance activities. City of West Park The description shall include identification of the applicable facilities, the frequency of the site inspections, an inspection checklist of the control measures and pollution prevention procedures to be employed at each facility, the name of the department and title / position of the staff responsible for conducting the inspections, and the method for documenting the inspections and the implementation of the necessary control measures. The documentation of the inspections must demonstrate the stormwater concerns reviewed, and the appropriate pollution control measures and procedures implemented or needing to be implemented. City of West Park Provide the description of the inspection program in the Year 1 ANNUAL REPORT. 12

30 4. Flood Control Projects. RESPONSIBILITY ALL Stormwater treatment shall be provided for all flood management projects undertaken by the permittee as required by the Environmental Resource Permitting rules of the South Florida Water Management District. Continue to maintain a list of stormwater capital improvement projects proposed by the Stormwater Management Master Plan or Basin Master Planning studies (or a similar document). Include in the project list any retrofits of existing structural flood control devices to provide additional pollutant removal from stormwater. Existing structural flood control devices shall be evaluated to determine if retrofitting the device to provide additional pollutant removal from stormwater is needed or feasible. BCPWD and PARTIES BCPWD & PARTIES Report the total number of flood control projects that were constructed by the permittee during the reporting period and the number of those projects that did NOT include stormwater treatment, in each ANNUAL REPORT. The permittee shall provide a list of the projects where stormwater treatment was not included with an explanation for each of why it was not. Report on any stormwater retrofit planning activities and the associated implementation of retrofitting projects to reduce stormwater pollutant loads from existing drainage systems that do not have treatment BMPs. 13

31 5. Municipal Waste Treatment, Storage, or Disposal (TSD) Facilities Not Covered By An NPDES Stormwater Permit. RESPONSIBILITY ALL Except FDOT District Four and FDOT Florida s Turnpike Enterprise Annually review (and revise, as needed) and implement the permittee s written procedures for inspections and the implementation of measures to control discharges from the following facilities that are not otherwise covered by an NPDES stormwater permit: * operating municipal landfills; municipal waste transfer stations; municipal waste fleet maintenance facilities; and any other municipal waste treatment, waste storage, and waste disposal facilities. The permittee shall identify the applicable facilities and shall determine the necessary control measures and procedures to be employed at each facility through annual site inspections. Site specific monitoring may be required as detailed in Part III.A.8.b. Maintain documentation of the inspections that demonstrates the stormwater concerns reviewed and the appropriate pollution control measures and procedures implemented or needing to be implemented. BCEPGMD in County facilities and PARTIES in their own facilities Report the number of applicable facilities and the number of inspections conducted for each facility in each ANNUAL REPORT. *(The permittee shall continue implementation of any existing procedures until such procedures are revised. If the permittee does not already have written procedures in place, they shall be developed and implemented within 12 months of the date of permit issuance.) 14

32 5. Municipal Waste Treatment, Storage, or Disposal (TSD) Facilities Not Covered By An NPDES Stormwater Permit. RESPONSIBILITY City of West Park Develop a description of the program for inspections and the implementation of measures to control pollutant discharges from the following facilities that are not otherwise covered by an NPDES stormwater permit: operating municipal landfills; municipal waste transfer stations; municipal waste fleet maintenance facilities; and any other municipal waste treatment, waste storage, and waste disposal facilities. The description shall include identification of the applicable facilities, the frequency of the site inspections, an inspection checklist of the necessary control measures and procedures to be employed at each facility, the name of the department and title / position of the staff responsible for conducting the inspections, and the method for documenting the inspections and the implementation of the necessary control measures. The documentation of the inspections must demonstrate the stormwater concerns reviewed, and the appropriate pollution control measures and procedures implemented or needing to be implemented. City of West Park Provide the description of the inspection program in the Year 1 ANNUAL REPORT. 15

33 6. Pesticides, Herbicides, and Fertilizer Application. ALL Continue to require proper certification and licensing by the Florida Department of Agriculture and Consumer Services (FDACS) for all applicators contracted to apply pesticides or herbicides on permitteeowned property, as well as any permittee personnel employed in the application of these products. Maintain a list of the permittee personnel applicators and contracted commercial applicators of pesticides and herbicides who are FDACS certified / licensed. By January 1, 2014, all permittee personnel applying fertilizer shall be trained through the Green Industry BMP Program. By that same date, a permittee who contracts the application of fertilizer shall use only commercial applicators of fertilizer who have been trained through the Green Industry BMP Program and have obtained a limited certification for urban landscape commercial fertilizer application under Section , F.S. If the permittee operates one or more golf courses, the courses shall be operated in a manner that is consistent with the Best Management Practices for the Enhancement of Environmental Quality on Florida Golf Courses manual (Florida DEP, 2007). Maintain a list of the permittee personnel and contractors who have been trained through the Green Industry BMP Program and a list of the contracted commercial applicators of fertilizer who are FDACS certified / licensed. Maintain documentation of the proper FDACS certification / licensing for all permittee personnel applicators and contracted commercial applicators of pesticides, herbicides, and fertilizer. RESPONSIBILITY BCPWD & PARTIES Report the number of permittee personnel applicators and contracted commercial applicators of pesticides and herbicides who are FDACS certified / licensed in each ANNUAL REPORT. Report the number of permittee personnel and contractors who have been trained through the Green Industry BMP Program, and the number of contracted commercial applicators of fertilizer who are FDACS certified / licensed in each ANNUAL REPORT. 16