HomeMy WebLinkAbout1995-46 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,
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-
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
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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.
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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) .
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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