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1995-46 Interlocal Agmt w/ Broward Cty & Cities & Unincorporated Broward RESOLUTION NO. 95 - 46 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING ENTERING INTO AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY, BROWARD COUNTY CmES, UNINCORPORATED BROWARD COUNTY AND THE FLORIDA '-DEPARTMENT OF TRANSPORTATION WHEREAS, the City Commission of the City of Parkland finds and detennlnes that It Is In the best Interest of the citizens to enter Into the attached Agreement between the City of Parkland, Broward County, Broward County cities, unincorporated Broward County and the Florida Deparbnent of Transportation to share the resource burden of the system wide national pollutant discharge elimination system pennit requirements and to allow Broward County to monitor discharges to separate atonn sewer systems by the Broward County Deparbnent of Natural Resource protection, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA, that SectIon 1. The appropriate City Ofticlals are hereby authorized to execute the attached Agreement between the City of PaFldand, Broward County, Broward County cities, unincorporated Broward County and the Florida Deparbnent of Transportation. RESOLUTION NO. 95-46 PAGE 2 Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS~DAYOFSEPTEMBER J 1995. SAL~tw.~ ~~~.~CLERK City of Parkland 6500 Parkside Drive Parkland, Florida 33067 (305) 753-5040 Fax (305) 341-5161 ,4-l~ October 2, 1995 Ms. Carol Milman Water Resources Division Office of Natural Resource Protection 218 S.W. 1st Avenue Fort Lauderdale, Florida 33301 RE: INTERLOCAL AGRE~ENT BETWEEN BROWARD COUNTY, BROWARD COUNTY cmes, UNINCORPORATED BROWARD COUNTY AND THE FLORIDA DEPARTMENT OF tRANSPORT AnON .' Dear Ms. Milman: On September 20, 1995 the Parkland City Commission unanimously passed Resolution No. 95-46 authorizing entering into the above referenced agreement to share the resource burden of the system wide national pollutant discharge elimination system pennit requirements and allow Broward County to monitor discharges to separate stonn sewer system by the Broward County Deparbnent , of Natural Resource Protection. The agreement has been executed by the proper City Officials and I am enclosing two originals for signature. As I understand it, once the agreement has been executed by Broward County we will receive one original copy for our files. Thank you in advance for your cooperation in ~is matter and should you require further infonnation please feel free to contact me at 753-6040. Very truly yours, -S:- ~ susan~strong, C.M.~. City Clerk Attachments (2) CC: Charles DaBrusco, P .E., City Engineer INTERLOCAL AGREEMENT Among UNINCORPORATED BROWARD COUNTY CITY OF COCONUT CREEK; CITY OF COOPER CITY; CITY OF CORAL SPRINGS; CITY OF DANIA; TOWN OF DAVIE; CITY OF DEERFIELD BEACH; CITY OF HALLANDALE; 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: VILLAGE OF SEA RANCH LAKES: CITY OF SUNRISE: CITY OF TAMARAC: CITY OF WILTON MANORS: and FLORIDA DEPARTMENT OF TRANSPORTATION: to SHARE THE RESOURCE BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS AND TO ALLOW BROWARD COUNTY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER SYSTEMS BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION INTERLOCAL AGREEMENT Among UNINCORPORATED BROWARD COUNTY CITY OF COCONUT CREEK; CITY OF COOPER CITY: CITY OF CORAL SPRINGS: CITY OF DANIA: TOWN OF DAVIE: CITY OF DEERFIELD BEACH: CITY OF HALLANDALE: TOWN OF LAUDERDALE BY THE SEA: CITY OF LAUDERDALE LAKES: CITY OF LAUDERHILL: CITY OF LIGHTHOUSE POINT: CITY OF MARGATE: CITY OF MlRAMAR: 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: VILLAGE OF SEA RANCH LAKES: CITY OF SUNRISE: CITY OF TAMARAC: CITY OF WILTON MANORS: and FLORIDA DEPARTMENT OF TRANSPORTATION: to SHARE THE RESOURCE BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS AND TO ALLOW BROWARD COUNTY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER SYSTEMS BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION This is an Interlocal Agreement, made and entered into by and between: 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; TOWN OF DAVIE; CITY OF DEERFIELD BEACH; CITY OF HALLANDALE; 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; VILLAGE OF SEA RANCH LAKES; CITY OF SUNRISE; CITY OF TAMARAC; CITY OF WILTON MANORS; and UNINCORPORATED BROWARD COUNTY, municipal corporations existing under the laws of the state of Florida, and FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as "PARTIES." WHEREAS, this Agreement is entered into pursuant to ~ 163.01, Florida Statutes (1991), also known as the "Florida Interlocal Cooperation Act of 1969", and other Florida law; and WHEREAS, the Environmental Protection Agency, hereinafter referred to as the "EPA", by way of the Water Quality Act of 1987, - 2 - - 33 U.S.C. 1251, and 40 C.F.R. 122.26, requires BROWARD COUNTY and the PARTIES to obtain a National Pollutant Discharge Elimination System (NPDES) Permits; and WHEREAS, the EPA pursuant to its adopted rules has designated all municipalities in Broward County, except Fort Lauderdale and Hollywood, as part of Broward County's municipal separate storm sewer system for the purpose of obtaining a NPDES Permit; and WHEREAS, the respective PARTIES are adjoining municipalities or entities within BROWARD COUNTY which may maintain interjurisdictional drainage connections; and WHEREAS, there may exist interconnections among respective PARTIES' municipal separate storm sewer systems, hereinafter referred to as "MS4"; and WHEREAS, the respective PARTIES are desirous of discharging storm waters, by separate storm sewers, into and through these possible interconnections, into receiving storm sewers ; and WHEREAS, the separate storm sewers, interconnections and recei ving storm sewers ultimately discharge into waters of the United States through outfalls, as identified in BROWARD COUNTY'S NPDES Permit application Parts I and II; and WHEREAS, the EPA has recommended Broward County Department of Natural Resource Protection, hereinafter referred to as "DNRP", act as "lead applicant" and the PARTIES act as "co-applicants"; and WHEREAS, BROWARD COUNTY has the legal authority and ability to monitor the quantity and quality of storm water discharged through drainage systems within its jurisdiction; and WHEREAS, although the Florida Department of Transportation does not agree or admit to the jurisdiction of the Federal Government under the Water Control Act of 1987, the Department is complying with said law and this Agreement shall be understood in that light. WHEREAS, the PARTIES are desirous of procuring the services of BROWARD COUNTY, pursuant to the NPDES regulations, to carry out all inspections, surveillance and monitoring procedures necessary to determine compliance with the applicable portions of Part V of the NPDES Permit conditions; and IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, BROWARD COUNTY and - 3 - the PARTIES agree as follows: 1. APPLICABILITY OF AGREEMENT: 1.1 This Agreement applies to BROWARD COUNTY and those PARTIES identifying storm sewer connections defined as: Interjurisdictional connections of storm sewer systems piped networks, including pipes connected by short ditches that are upstream to outfalls covered by the NPDES Permit. 1.2 This Agreement does not include the following: a) Primary Drainage Canals: (First Order Drainage) All of the South Florida Water Management District (SFWMD) Canals that convey large volumes of water through open channel systems. b) Secondary Drainage Canals: (Second Order Drainage) "Feeder" canals that generally connect to the SFWMD primary canals. c) Tertiary Drainage System: (Third Order Drainage) These canals/drainage systems are considered the collectors of storm water. These include open di tches that are submerged or can be submerged during wet weather seasons. 2. PARTIES RESPONSIBILITIES: 2.1 In cases where a connection exists between PARTIES' separate storm sewer systems each PARTY must demonstrate, pursuant to 40 C.F.R. 122.26 (d) (2) (i) (D), it can control the contribution of pollutants from its portion of the MS4 to another. 2.2 Where PARTIES determine connections do exist, the PARTIES will specifically identify these connections by providing to BROWARD COUNTY drainage maps showing specific basin definitions and any other relevant identifying information. The respective outfalls are attached and incorporated herein at Section 10.6, ADDENDUM Ai along with the PARTIES to which the connections exist. - 4 - 2.3 By the date the permit becoming effective to one PARTY discharging storm water into another PARTY'S receiving storm sewer, the PARTIES will implement their storm water management plan as outlined in the BROWARD COUNTY NPDES permit application in order to control and reduce the introduction of pollutants to the receiving waters of the United States. 2.4 On the date of the adoption of this Agreement, PARTIES appoint the Broward County DNRP to act as the monitoring official for the PARTIES pursuant to the applicable requirements of Part V of the NPDES Permit conditions. If parties disagree with DNRP's results, the parties have the option to conduct their own tests. 2.5 The upstream PARTY is responsible for the quality of the storm water entering the MS4 upstream of the downstream PARTY (along with any other person or entity that maybe responsible). The upstream PARTY will use those practices necessary, including best management practices, to control and manage as required in the Permit, to permit only storm water to enter into the MS4 and prevent commercial, industrial, or other waste water discharges from being conveyed into the receiving storm water. 2.6 The upstream PARTY certifies, the best of their knowledge, no known illicit discharge currently exists which shall be discharged to the receiving MS4. 2.7 If it is determined by the required sampling and investigation that a PARTY is contributing a portion of pollutants to the MS4, in noncompliance with the NPDES Permi t requirements, that PARTY agrees to reduce the loading or concentration of pollutants by increasing the implementation of the necessary practices including Best Management Practices (BMP) utilized in that particular drainage area or any other permit requirement. Furthermore, the upstream contributing PARTY agrees to a pro-rata share of the necessary load reduction or costs to ensure permit compliance. 2.8 The upstream PARTY agrees, prior to any new construction of drainage systems which will discharge through the receiving storm sewer system identified, the downstream PARTY receiving said discharge must be notified. The upstream PARTY must meet its pro rata specifications per the NPDES Permit. (This requirement is an addition to any other regulatory requirements) . - 5 - 2.9 There shall be no third party beneficiaries to this Agreement. 3. SCOPE OF SERVICES: 3.1 COUNTY shall perform the necessary monitoring to insure compliance with Part II.A.7.b. and the applicable moni toring provisions of Part V of the NPDES permit conditions. This is to be done through the DNRP, or any successor division as may be designated by the County Administrator. 3.2 It is understood and agreed that COUNTY may be required to employ additional personnel to perform the services required under this Agreement. 4. FUNCTIONS AND DUTIES NOT TRANSFERRED TO COUNTY: It is specifically understood and agreed that all rights and powers 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 BROWARD COUNTY hereunder shall be retained by PARTIES. 5. FINANCIAL CONTRIBUTION: BROWARD COUNTY agrees to perform the services set forth in Section 3, SCOPE OF SERVICES, at a cost to each PARTY, equaling a flat fee of $250.00 plus $.09 per capita based on the 1990 census data with the Florida Department of Transportation paying a flat fee of $7,000. The fee will be for the five (5) year duration of the NPDES Permit term. See also Department of Transportation ADDENDUM. 6. TERMS OF AGREEMENT: 6.1 This Agreement shall be effective for the duration and shall continue in full force and effect for the duration of the NPDES permit term. 6.2 This Agreement shall remain in full force and effect unless written notice of termination by BROWARD COUNTY or any PARTY is provided pursuant to Section 9, NOTICES. - 6 - 7. ACCESS TO RECORDS: This Agreement may be unilaterally canceled by the parties for refusal by a party 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 parties in conjunction with this Agreement. 8. PARTY OPTING OUT: 8.1 Should a PARTY determine that no connections exist with any other PARTY'S drainage systems, they are not required to meet the conditions of the Agreement by certifying, in writing accompanied by proper documentation, that they have no connections with any other drainage system other than the system they currently own and operate or use as their MS4. Certification incorporated and adopted herein at Section 11.7, ADDENDUM B. 8.2 Should a PARTY discover a connection that was before unknown, the PARTY will meet the terms of the Permit as described by this Agreement with neighboring PARTY or PARTIES immediately. However, the PARTY discovering the new connection may negate the need for meeting the terms of the agreement by terminating said connection in the following m~nner: a) Redirect storm flow and interjurisdictional connection; eliminate the b) Certify in writing, accompanied by proper documentation, it has redirected the storm flow and eliminated the interjurisdictional connection. 9. NOTICES: Any and all notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: IF TO COUNTY: Department of Natural Resource Protection Director, Broward County Water Resource Division 218 S.W. 1st Avenue Fort Lauderdale, Florida 33301 - 7 - IF TO PARTIES: Mayor, city of Coconut Creek 4800 West Copans Road Post Office Box 63-4007 Coconut Creek, Florida 33063 Mayor, City of Cooper City 9090 Southwest 50 Place Cooper City, Florida 33328 Mayor, City of Coral Springs 9551 West Sample Road Coral Springs, Florida 33065 Mayor, City of Dania 100 West Dania Beach Boulevard Dania, Florida 33004 Mayor, Town of Davie 6591 Southwest 45 Street Davie, Florida 33314 - 8 - Mayor, city of Deerfield Beach 150 Northeast Second Avenue Deerfield Beach, Florida 33441 Mayor, city of Hallandale 308 South Dixie Highway Hallandale, Florida 33009 Mayor, Town of Lauderdale-by-the Sea 4501 Ocean Drive Lauderdale-by-the-Sea, Florida 33308 Mayor, City of Lauderdale Lakes 4300 Northwest 36 Street Lauderdale Lakes" Florida 33319 Mayor, City of Lauderhill 2000 City Hall Drive Lauderhill, Florida 33313 Mayor, City of Lighthouse Point Post Office Box 5100 Lighthouse Point, Florida 33064 Mayor, City of Margate 5790 Margate Boulevard Margate, Florida 33063 Mayor, City of Miramar 6700 Miramar Parkway Miramar, Florida 33023 Mayor, City of North Lauderdale 701 Southwest' 71 Avenue North Lauderdale, Florida 33068 Mayor, City of Oakland Park 3650 Northeast 12 Avenue Oakland Park, Florida 33334 Mayor, City of Parkland 6500 Parkside Drive Parkland, Florida 33067 Mayor, Town of Pembroke Park 3150 Southwest 52 Avenue Pembroke Park, Florida 33023 - 9 - Mayor, City of Pembroke Pines 10100 Pines Boulevard Pembroke Pines, Florida 33025 Mayor, City of Plantation 400 Northwest 73 Avenue Plantation, Florida 33317 Mayor, City of Pompano Beach 100 West Atlantic Boulevard P. O. Drawer 1300 Pompano Beach, Florida 33061 Mayor, Village of Sea Ranch Lakes 1 Gatehouse Road Sea Ranch Lakes, Florida 33308 Mayor, City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33351 Mayor, City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321 Mayor, City of Wilton Manors 524 Northeast 21 Court Wilton Manors, Florida 33305 Unincorporated Broward County Office of Environmental Services Florida Department of Transportation Clark Turberville, P.E. District Permits and NPDES Engineer 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 10. MISCELLANEOUS PROVISIONS: 10.1 Assignment: COUNTY shall perform the said services provided for in this Agreement exclusively and solely for the PARTIES which are parties to this Agreement. PARTIES shall not have the right to assign this Agreement. - 10 - 10.2 Waiver: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 10.3 Severability: The invalidity of any prov~s~on of this Agreement shall in no way affect the validity of any other provision. 10.4 Entire Agreement: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10.5 Modifications: It is further agreed that no modifications, amendments or alterations in the terms or condi tions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10.6 Addendum A: Interconnected systems using the outfall number found in the NPDES outfall inventory submitted to EPA as the identifier. 10.7 Addendum B: Co-applicants opting out with certification that no interconnections exist. 11. DEFINITIONS: 11.1 Connections of MS4 Piped Network: Includes any short open conveyances connecting two MS4 or pipes, tunnels, or other conveyances,which are in the middle of a stream or other waters, and are used to convey waters of USA. 11.2 Monitoring Official: Entity appointed by Broward County DNRP that ensures compliance with the provisions of NPDES permit requirements. - 11 - 11.3 Municipal Separate Storm Sewer, MS4: A conveyance or system of conveyances including roads with drainage systems, storm drains, gutters, ditches designed solely for collecting or conveying storm water that is not part of a publicly owned treatment works as defined by 40 C.F.R. 122.2. 11.4 Municipality: A primary urban political unit having corporate status and usually powers of self government. 11.5 Storm Water: Water from precipitation which runs off the surface of a drainage area and reaches a stream or other body of water or a drain or sewer. - 12 - INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND PARTIES TO SHARE THE RESOURCE BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT AND GRANTING BROWARD COUNTY THE LEGAL AUTHORITY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER SYSTEMS TO BE PERFORMED BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION. IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair ~e Chair, thorized to execute same by Board action on th day of ,'-199~ and PARTIES, signing by and through its ., duly authorized to execute same. Cou Administrator and Ex-Officio Clerk of the Board of ca~ CommissionA.~~ 4 rd r C". ~. 'r\ ~ County, E;a.p.~i~~..'.o.o~S/. .....'So " ~... ." eo 0 ~ ..." ~.." ... ... ~,.,-:.. ~ ... "";, ., . .~. \. "'. ..,-~ ," 0" · eM i:' ^"I'"r.:o · '?-1! .. . 1\-1'\1_- e... '11 "\ .a _ , "" ... , ...; . OC'" 1:;:- ...-' ': ~. .. 'oJ I . . . . . , ~ :~ 1915 C"'~: 1 ~ ~~ ~~ I ~ ..%:. ~o..., " · "Yb "Ii-,O!l t!.. ....~ cou~-rf.... .1/... ~ ........ r ~ .... .... * tI'''' ~ ,I ""1..,,,,_," COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS By /;all / Chair r3.~day Of~ 19~ Approved as to form by Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 - 13 - INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND PARTIES TO SHARE THE RESOURCE BURDEN OF THE SYSTEM WIDE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT AND GRANTING BROWARD COUNTY THE LEGAL AUTHORITY TO MONITOR DISCHARGES TO SEPARATE STORM SEWER SYSTEMS TO BE PERFORMED BY THE BROWARD COUNTY DEPARTMENT OF NATURAL RESOURCE PROTECTION, WATER RESOURCES DIVISION. CITY OF PARKLAND Attest: By ~O~ Sal Pagliara 1.0 day of September, 19 95 s: C2J __ ~.rl~ . ~ ' CityClerk Susan Ar strong By . Mertz 20 day of September , 19 95 - 31 -