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HomeMy WebLinkAboutVI (E) Discussion/ Action re: Interlocal Agreement Providing for Joint Collection of Monitoring Data between the Orange County Joint Applications for the NPDES Stormwater Program Required by EPA Agenda 9-16-97 • Item VI E ., r? ,a v o n�yj a'.4.% f*®f G'OO `� JAMES W. SHIRA,P.E. CITY ENGINEER/UTILITIES DIRECTOR 150 N.LAKESHORE DRIVE•OCOEE,FLORIDA 34761 PHONE(407)656-2322 EXT.142•FAX(407)656-7835 MEMORANDUM DATE: September 10, 1997 TO: The Honorable Mayor and Board of City Commissioners FROM: David Wheeler, P.E. ,v,9�; Assistant City Engineer/Utilities Director SUBJECT: Interlocal Agreement Providing for Joint Collection of Monitoring Data Between Joint Applicants Attached is the Interlocal Agreement Providing for Joint Collection of Monitoring Data Between Municipalities, Valencia Water Control District, FDOT and Orange County Within Unincorporated Orange County. This interlocal agreement is a document that all parties involved had agreed to in principle during the studying,planning and permitting under requirements of the EPA NPDES stormwater regulations. This Agreement provides for the collection, analysis, and reporting of monitoring data as required by the NPDES Permit issued April 1, 1996, by the Environmental Protection Agency to the Orange County MS4 Applicant Group which the City of Ocoee is a co-applicant. This agreement is set up to last for the duration of the permit,March 31, 2001 under the laws of the State of Florida, and agree to appropriate funds subject to budgetary constraints and other financial considerations. Under the terms of the Permit,the group is required to perform certain surface runoff sampling and analysis for reporting during years two through five of the permit. Orange County, as the designated prime co-applicant is leading the group and has received various quotes for this program. The values quoted in the agreement assume the worst case scenario of using an "outside agency", at this time. The details of the program were spelled out in the Part 2 Application and refined in the Permit; therefore all the applicants have a good understanding of the requirements and the associated costs. Each co-applicants' share was determined by the formula established in the beginning of this protracted program. Basically, each co-applicant's share is 9% of the cost with Orange County's share at 10%. Therefore, it is anticipated that the City's share will not exceed$6,106.50 per year OX THE PRIDE OF WEST ORANGE for the next four years. Any increases would require modifications to the agreement, but only in the section describing the co-applicants' shared cost. If, at any time, the City would chose to not participate in this program, it may be interpreted as an intent for the City to act solely on their own. I would not recommend that scenario,because EPA may choose to direct the City to establish their own programs and secure their own permits independent from the other joint applicant program. The cost to take this scenario to reality would be very expensive and significantly more than the estimated $24,500 to perform the sampling, analysis and reporting referenced with this agreement. I recommend that the City Commission approve this Interlocal Agreement Providing For Joint Collection of Monitoring Data Between Municipalities, Valencia Water Control District, FDOT and Orange County Within Unincorporated Orange County and authorize the Mayor and City Clerk to execute this agreement. Attachment INTERLOCAL AGREEMENT PROVIDING FOR JOINT COLLECTION OF MONITORING DATA BETWEEN MUNICIPALITIES, VALENCIA WATER CONTROL DISTRICT, FDOT AND ORANGE COUNTY WITHIN UNINCORPORATED ORANGE COUNTY THIS INTERLOCAL AGREEMENT, by and between the Cities of Apopka, Belle Isle, Eatonvilie, Edgewood, Maitland, Ocoee, Winter Garden, Winter Park, all municipal corporations of the State of Florida, hereinafter referred to as CITIES, Valencia Water Control District, a water control district established pursuant to Chapter 298, Florida Statutes and Laws of Florida 72-291, herein referred to as DISTRICT, the Florida Department of Transportation, an agency of the State of Florida,herein referred to as FDOT and the County of Orange,a political subdivision of the State of Florida, hereinafter referred to as COUNTY, is entered into as set forth herein. WITNESSETH: WHEREAS, the CITIES, DISTRICT, FDOT and COUNTY desires to protect and promote the public health, safety and general welfare through the management of stormwater runoff; and WHEREAS, the CITIES, DISTRICT, FDOT and COUNTY desire to maintain and assist in the improvement of water quality and to preserve and enhance the environmental quality of streams and receiving waters; and WHEREAS, pursuant to the Federal Clean Water Act (CWA), Section 402(p)(2), certain political entities are required to implement stormwater management programs within certain time frames; and WHEREAS, pursuant to the CWA requirements,the United States Environmental Protection Agency (EPA) has developed regulations under the National Pollutant Discharge Elimination System (NPDES) permit program published as Part 40 of the Code of Federal Regulations (C.R.F.) Section 122.26 on November 16, 1990, 55 FR 47990; and WHEREAS,Section 402(p)(2) of the CWA provides that storm water permits be required for large and medium municipal separate storm sewer systems, determined from the 1980 census, and Appendix I to Section 122 designates the COUNTY as a medium municipal separate storm sewer system; and WHEREAS, the EPA, Region IV, notified the COUNTY on February 1, 1991 of the action they were taking pursuant to the authority as Section 402(p) of the CWA and in an attempt to apply the regulations,had determined that the CI 1TbS and DISTRICT within the COUNTY are designated as part of the COUNTY municipal separate storm sewer system for the purposes of NPDES - permitting; and, WHEREAS, the EPA, Region IV has issued to the COUNTY, CITIES, DISTRICT and FDOT in compliance with the provisions of the CWA, 33 USC 125 et seq, NPDES Permit No. FLS000011 (the PERMIT); and WHEREAS, the COUNTY, CITIES, DISTRICT and FDOT are jointly responsible for the collection of monitoring data pursuant to the PERMIT, Part I.C.2.b. and, Part V.B.; and WHEREAS, it is the mutual desire of the CITIES, DISTRICT, FDOT and COUNTY to set forth the parameters of the cost sharing between the parties for their joint responsibility of the collection of monitoring data as required by the PERMIT as more particularly set forth herein. NOW, THEREFORE, in consideration of the mutual covenants herein set forth, the parties hereto mutually agree as follows: SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the relationships of the CITIES, DISTRICT, FDOT and COUNTY with respect to the following: A. General Responsibilities of the CITIES,DISTRICT,FDOT and COUNTY regarding 2 the collection of monitoring data as required by the PERMIT Part I.C.2.b. and Part V.B. and, B. Setting forth the method of cost sharing of such service listed in A above. SECTION 2, GENERAL RESPONSIBILITIES. The CITIES, DISTRICT, FDOT and COUNTY, as co-applicants, agree: A. The COUNTY,as lead applicant,shall be responsible for the collection, analysis and reporting of monitoring data as required by the PERMIT Part I. C.2.b. and Part V.B., B. Each co-applicant shall be responsible for reimbursement to the COUNTY within 45 days of invoice billing by the COUNTY of the co-applicants' fair share of the actual cost of the collection, analysis and reporting of the monitoring data. Each co-applicants' fair share shall be that percentage of the actual cost as is established in Exhibit A. C. In the initial year of this agreement, each co-applicant's fair share shall not exceed $6106.50 per co-applicant, except for the County's fair share which shall not exceed$6,785.00. The fair share'amount is based upon the total cost of$67,850.00 which is the anticipated cost to comply with Section 2A above. D. In the event that in any particular year the actual cost to accomplish the task set forth in Section 2A exceeds the maximum fair share amount as then set forth in Section 2C, any request from the County to a co-applicant which exceeds the co-applicant's fair share amount as then set forth is Section 2C shall be approved in writing by that co-applicant prior to payment. E. A modification to the anticipated total cost set forth in Section 2C may be necessary and warranted in subsequent permit years to reflect updated estimates in that subsequent year. Such modification to the anticipated total cost and co-applicant fair share amount may be accomplished through an amendment to this agreement which modifies only Section 2C and leaves the remainder 3 of this agreement in full force and effect. SECTION 3. COPIES. Upon final execution of this Agreement, two (2) copies will be provided to each CITY, DISTRICT, FDOT and COUNTY. The County's Clerk to the Board of County Commissioners shall retain the original executed Agreement. SECTION 4. PERMIT IMPLEMENTATION. Unless otherwise established under separate agreement, each party shall participate in the implementation of the PERMIT Part I C.2.b. Part V.B. as set forth in Section 3 above. The representative from each CITY, the DISTRICT, the COUNTY and the FDOT shall be responsible for assuring the terms of this Agreement are met. It is the intent of this cooperative Agreement that the CITIES,DISTRICT,FDOT and COUNTY agree, subject to budgetary constraints and other financial considerations, to comply with this Agreement. SECTION 5. LEGAL AUTHORITY. The CITIES,DISTRICT,FDOT and COUNTY agree that the co-applicants will consider,and if the CITIES,DISTRICT,FDOT and COUNTY determine that such action is in the best interest of the CITY, DISTRICT, FDOT or COUNTY, will adopt, modify request or amend, as appropriate, any ordinances, resolutions, rules, regulations or policies which will tend to enforce the content of this Agreement all in accordance with 40 C.F.R. 122.26. The CITIES, DISTRICT, FDOT and COUNTY acknowledge and agree that FDOT is an executive branch agency of the State of Florida, and as such, does not have the authority to enact ordinances or statutes, which activity constitutes legislative activity lying within the authority of the Florida Legislature. The CITIES, DISTRICT, FDOT and COUNTY acknowledge and agree that the DISTRICT operates under Chapter 298, Florida Statutes and does not have the authority to enact ordinances or statutes. The CITIES, DISTRICT, FDOT and COUNTY further acknowledge and agree that the adoption of rules, regulations and policies by FDOT is subject to the control of the 4 Florida Legislature and that FDOT cannot act beyond its delegated authority. SECTION 6. BUDGET. The co-applicants hereto recognize that under their respective legal powers they are unable to obligate themselves legally to spend funds in excess of one (1) budget year, however, the co-applicants do hereby bind themselves to complete the term of this Agreement as they may be able to under the laws of the State of Florida, and agree to appropriate funds subject to budgetary constraints and other financial considerations. SECTION 7. NOTICES. All written notices and to the invoices the CITIES, DISTRICT, COUNTY and the FDOT,under this Agreement be directed to the following address: ORANGE COUNTY: Dr. M. Krishnamurthy, Manager Stormwater Management Department 4200 S. John Young Parkway Orlando, Florida 32839-9205 CITY OF APOPKA: John Jreij, P.E. Assistant Public Service Director City Apopka P.O. Drawer 1229 • Apopka, Florida 32704-1229 CITY OF BELLE ISLE: City Administrator 1600 Nela Avenue Belle Isle, Florida CITY OF EATONVILLE: Allen Scott Public Works Director 332 E. Kennedy Boulevard Eatonville, Florida CITY OF EDGEWOOD: Mayor City of Edgewood 405 Larue Ave. Edgewood, Florida 32809-3406 5 CITY OF MAITLAND: Anthony Leffin, Director Public Works 1776 Independence Lane Maitland, Florida 32751 CITY OF OCOEE:. James Shira City Engineer 150 N. Lakeshore Drive Ocoee,Florida 34761 CITY OF John Kirby WINTER GARDEN: City Engineer P.O. Box 771005 Winter Garden, Florida 34777 CITY OF WINTER PARK: Michael Magahey Stormwater Engineer 401 Park Avenue South Winter Park, Florida 32789 VALENCIA WATER Robert Andrew CONTROL DISTRICT: Director 10365 Orangewood Blvd. Orlando, Florida FLORIDA DEPARTMENT James Basset OF TRANSPORTATION: Stormwater Engineer 719 S. Woodland Blvd. Deland, Florida 32720 SECTION 8. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument; and any party or signatory hereto may execute this Agreement by signing any such counterpart. SECTION 9. EFFECTIVE DATE. TERM. This Agreement shall become effective on the latter of the dates of execution listed below. The fully executed original shall be maintained on file with the Orange County Clerk of the Board of County Commissioners. Unless otherwise terminated by agreement by the parties, this Agreement shall remain in effect through March 31, 2001. 6 IN WITNESS WHEREOF, the lawful representatives of the co-applicants hereto have executed and affixed their official seals as of the dates Iisted below. ORANGE COUNTY, FLORIDA BY: County Chairman DATE: ATTEST: Martha 0. Haynie, County Comptroller As Clerk of the Board of County Commissioners BY: Deputy Clerk FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY APPROVED AS TO FORM , 19 PAUL H. CHIPOK ASSISTANT COUNTY ATTORNEY • CITY OF APOPKA BY: Mayor. DATE: A FI lST: City Clerk 7 CITY OF BELLE ISLE BY: Mayor DATE: ATTEST: City Clerk CITY OF EATONVILLE BY: Mayor DATE: Al fEST: City Clerk CITY OF EDGEWOOD BY: Mayor DATE: ATTEST: City Clerk CITY OF MAITLAND BY: Mayor DATE: ATTEST: City Clerk 8 APPROVED: Al FEST: CITY OF OCOEE BY: Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR THE USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION AT A MEETING APPROVED AS TO FORM AND HELD ON , 19 LEGALITY this_day of , 19 UNDER AGENDA ITEM NO. FOLEY& LARDNER By: City Attorney CITY OF WINTER GARDEN BY: Mayor DATE: ATTEST: City Clerk CITY OF WINTER PARK BY: Mayor DATE: A City Clerk 9 VALENCIA WATER CONTROL DISTRICT BY: TITLE: DATE: ATTEST: FLORIDA DEPARTMENT OF TRANSPORTATION BY: TITLE: DATE: A i I'EST: phc/agrcnt/npdes3 (rev.08/23/97) 10 EXHIBIT A Fair Share Percentage of Parties Regarding Cost of Joint Collection of Monitoring Data Pursuant to NPDES Permit No. FLS000011. Party Percentage Orange County 10% City of Apopka 9% City of Belle Isle 9% City of Eatonville 9% City of Edgewood 9% City of Maitland 9% City of Ocoee 9% City of Winter Garden 9% City of Winter Park 9% Valencia Water Control District 9% Florida Department of Transportation 9% Total 100% phc/agrcndnpdes3(I0)