HomeMy WebLinkAboutItem #08 Approval of Interlocal Agreement with Orange County for Municipal Separate Storm Sewer System Permit Activities 140
ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: May 1, 2018
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director: , -
Contact Number: 6002 City Manager:
Subject: Municipal Separate Storm Sewer System Permit Activities Interlocal Agreement with
Orange County.
Background Summary:
The City is a co-applicant with Orange County for the National Pollutant Discharge Elimination System
(NPDES) Municipal Separate Storm Sewer System (MS4) permit pursuant to the Clean Water Act and
the U. S. Environmental Protection Agency regulations which have been in effect since 2000 and are
administered by the Florida Department of Environmental Protection (FDEP). The most recent iteration
of the MS4 permit requires increased levels of water quality sampling, monitoring, data reporting and
pollutant loading analysis. FDEP has encouraged permit co-applicants to formally establish
responsibilities for funding and implementing permit-related activities and requirements through
interlocal agreements. The agreement will allow the City to utilize the County's established testing lab
and procedures for consistent data reporting required by the MS4 permit. The agreement is for the term
of the permit with annual financial support from the City in the amount of $4,860.00. The City previously
executed an interlocal agreement supporting the County Water Atlas as part of the previous MS4
permit. Public Works recommends City Commission approval of the interlocal agreement which will
provide the data as required for compliance with the MS4 permit.
Issue:
Request authorization to participate in the Municipal Separate Storm Sewer System Permit Activities
through an interlocal agreement with Orange County.
Recommendations:
Recommend Commission approval of Orange County, Florida and City of Ocoee, Florida Interlocal
Agreement for Municipal Separate Storm Sewer System Permit Activities with annual support from the
City in the amount of$4,860.00 as funded from the Stormwater Division.
Attachments:
Interlocal Agreement for Municipal Separate Storm Sewer System Permit Activities.
Orange County NPDES MS4 Cycle 4 Permit available upon request.
Financial Impact:
The $4,860.00 is adequately funded in the Public Works Department's Stormwater Division budget.
Type of Item: (please mark with an x')
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. < N/A
Review ed by ( ) N/A
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ORANGE COUNTY, FLORIDA
and
CITY OF OCOEE, FLORIDA
INTERLOCAL AGREEMENT
for
MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ACTIVITIES
THIS INTERLOCAL AGREEMENT ("Interlocal Agreement") as of the Effective Date
as hereinafter defined, by and between Orange County, a charter county and political subdivision
of the State of Florida, whose address is 201 South Rosalind Avenue, Orlando, Florida 32801
(the "COUNTY"), and the City of Ocoee, a municipal corporation existing by and under the laws
of the State of Florida, whose address is 150 North Lake Shore Drive, Ocoee, Florida 34761
("OCOEE"), collectively the COUNTY and OCOEE may be referred to as the "Parties", or
individually as a"Party".
WITNESSETH:
WHEREAS, pursuant to the Clean Water Act (the "CWA"), and the regulations
promulgated thereunder, the United States Environmental Protection Agency ("EPA") has
developed regulations under the National Pollutant Discharge Elimination System ("NPDES")
permit program published under 40 C.F.R. Part 122 requiring that the COUNTY obtain an
NPDES permit for its municipal separate storm sewer system (commonly referred to as "MS4");
and
WHEREAS, EPA delegated the NPDES permit program in Florida to the Florida
Department of Environmental Protection ("FDEP") in October 2000 as set forth in Section
403.0885, Florida Statutes.; and
WHEREAS, stormwater discharges from medium and large MS4s are regulated under
Chapter 62-624, Florida Administrative Code ("F.A.C."), and in 2012, FDEP promulgated
numeric nutrient water quality standards set forth in Chapters 62-302 (Water Quality Standards)
and 62-303 (Identification of Impaired Surface Waters), F.A.C.; and
WHEREAS, the COUNTY as lead applicant and OCOEE as a co-applicant applied for
and received NPDES permit#FLS000011-004 (the "Permit"); and
WHEREAS, the Permit requires activities related to public education and outreach
programs, trainings, water quality monitoring, water quality data reporting, and pollutant loading
analysis; and
WHEREAS, the COUNTY and OCOEE desire to establish responsibilities for funding
and implementing Permit-related activities and requirements; and
WHEREAS, the COUNTY and the University of South Florida ("USF") have entered
into a contract dated June 1, 2015 (the "USF Contract"), whereby USF implements and
maintains the Orange County Water Atlas Project (the "Project"); and
WHEREAS, the Project will provide the COUNTY and OCOEE a public portal to
access: (a) water quality information, (b) stormwater education information, (c) a pollution
reporting mechanism, (d) non-point source pollution education material, and (e) other watershed
related projects and information; and
NOW, THEREFORE, in consideration of the promises contained herein and for good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties,
each intending to be legally bound, hereby agree as follows:
Section 1. Recitals. The recitals set forth in the WHEREAS clauses above are true
and correct and are incorporated by reference herein.
Section 2. Term and Termination. This Interlocal Agreement shall be effective and
commence on the last date of execution by the Parties (the "Effective Date"), and shall continue
for the period commensurate with the Permit. However, this Interlocal Agreement may be
terminated by either Party, with or without cause, upon no less than sixty (60) days notice to
the other Party delivered in accordance with the requirements of Section 11.
Section 3. Reimbursement for Services Provided. The COUNTY has offered to
provide services as itemized in Exhibit A. OCOEE has elected to participate in, and reimburse
the COUNTY for, the following services:
I. Public education and outreach program: Orange County Water Atlas Project to meet
public reporting requirements of Part III.A.7.e of the Permit and provides water
quality information to OCOEE and the public;
II. Training — Web-accessible Stormwater Training System for illicit discharge and
improper disposal training to meet the requirements of Part III.A.7.c of the Permit,
spill prevention and response training to meet the requirements of Part III.A.7.d of the
Permit, and construction site runoff training to meet the requirements of Part III.A.9.c
of the Permit;
III. Pollutant Loading Analysis: estimates of event mean concentrations ("EMCs") and
annual pollutant loads, in Year 3 per Part V.A.1 of the Permit, for the following
pollutants:
a. Biological oxygen demand (BODS);
b. Total copper;
c. Total nitrogen (as N);
d. Total phosphorus;
e. Total suspended solids (TSS); and
f. Total zinc.
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IV. Water Quality Monitoring: Collection and/or analysis of water quality samples for
one or more of the analytes in Exhibit C to meet the requirements of Part V.B of the
MS4 Permit.
Section 4. Shared Resources. The COUNTY and OCOEE have agreed to share
resources for the education and outreach activities itemized in Exhibit B, including:
I. Public education and outreach program: pesticides, herbicides, and fertilizers to meet
requirements of Part III.A.6 of the Permit;
II. Public education and outreach program: public reporting of illicit discharges and
improper disposal to fulfill the requirements of by Part III.A.7.e of the Permit; and
III. Public education and outreach program: proper use and disposal of hazardous waste
to fulfill the requirements of by Part III.A.7.f of the MS4 NPDES Permit.
Section S. OCOEE's Contribution. OCOEE has appropriated for the Permit period,
the sums outlined in the cost-reimbursement schedule, Exhibit A, to be paid on the dates listed.
Section 6. Right to Inspect and Audit Books. The COUNTY will utilize such
accounting procedures and practices in maintenance of the records of receipts and disbursements
of the funds contributed by OCOEE as will be in accordance with generally accepted accounting
principles. All such records shall be open to inspection by OCOEE or by its designees during
normal business hours for a period of four (4) years from the expiration of this Interlocal
Agreement. Any cost incurred by the COUNTY as a result of an audit by OCOEE shall be the
sole responsibility of and shall be borne by the COUNTY. In addition, should the COUNTY
provide any or all of OCOEE's funds to sub-recipients, then and in that event, the COUNTY
shall include in written agreements with such sub-recipients a requirement that records of the
sub-recipient be open to inspection and audit by OCOEE or its designees.
Section 7. Public Records. In accordance with Chapter 119, Florida Statutes, any
"public record" created or received by either Party, including reports, specifications, drawings,
maps, and tables, must be made for inspection, and upon request and payment, copying, unless
such public record falls within an exception or exemption to the Public Records Act. Should
either Party assert an exemption to the requirements of chapter 119, Florida Statutes or claim that
a document does not constitute a public record, the burden of establishing such an exemption or
excluding a document as a public record, by way of injunctive or other relief as provided by law,
shall be upon the Party asserting the exemption or the claim that a document does not constitute
a public record. Additionally, nothing in this Interlocal Agreement shall be construed, nor is
intended to, expand the scope of chapter 119, Florida Statutes, or make into a public record a
document that is not a public record under current law.
Section 8. Equal Opportunity Employment/Procurement. The COUNTY, in
performing under this Interlocal Agreement, shall not discriminate against any worker, vendor,
employee or applicant or any member of the public because of race, creed, color, sex, age or
national origin, nor otherwise commit an unfair employment and/or procurement practice on
such basis.
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Section 9. Indemnification. To the fullest extent permitted by law, each Party to this
Interlocal Agreement shall be solely responsible for all claims, including, but not limited to,
suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest,
attorneys' fees, costs and expenses of whatsoever kind or nature, arising out of its acts, errors
and omissions in connection with this Interlocal Agreement, and accordingly, each Party shall
defend, indemnify and hold harmless the other Party, its agents, employees and elected officers,
at all times from and against any and all liability, loss or expenses arising from said claims,to the
extent allowed by law. However, nothing contained herein shall constitute a waiver by either
Party of its sovereign immunity or the provision of Section 768.28, Florida Statutes.
Section 10. Assignment. Neither Party may assign its rights hereunder without the
prior written consent of the other Party. Failure to comply with this section may result in
immediate termination of this Interlocal Agreement.
Section 11. Notices. All notices permitted or required by this Interlocal Agreement
shall be given by hand delivery, sent by certified mail, return receipt requested, or sent by
overnight courier service, addressed as follows:
To the COUNTY: Environmental Protection Division Manager
3165 McCrory Place, Suite 200
Orlando, Florida 32803-3727
Phone: (407) 836-1400
Fax: (407) 836-1441
With copy to: County Administrator
P.O. Box 1393
201 South Rosalind Avenue, 5th Floor
Orlando, Florida 32802-1393
To OCOEE: Robert Frank
City Manager
150 North Lakeshore Drive
Ocoee, Florida 34761-2223
Phone: (407) 905-3170
FAX: (407) 905-3176
Section 12. Independent Contractor. The Parties agree that nothing contained in this
Interlocal Agreement is intended, or shall be construed, as in any way creating or establishing the
relationship as partners or joint ventures between the Parties or as constituting the COUNTY as
the agent or representative of OCOEE for any purpose or for any manner whatsoever.
Section 13. Litigation and Venue. In the event a Party deems it necessary to take
legal action to enforce any provision of this Interlocal Agreement, venue shall be in the Circuit
Court of the Ninth Judicial Circuit in Orange County, Florida. In any such legal proceedings the
Parties waive the right to seek a jury trial. Each Party shall be responsible for the payment of its
attorney's fees and costs related to any dispute or legal proceedings, including all appeals.
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Section 14. Governing Law; Construction of Agreement. The Parties enter into this
Interlocal Agreement pursuant to Section 163.01, Florida Statutes (2016), the Florida Interlocal
Cooperation Act of 1969, as amended. The laws of the State of Florida shall govern the validity,
performance, and enforcement of this Interlocal Agreement. The Parties have participated
jointly in the negotiation and drafting of this Interlocal Agreement. In the event ambiguity or
interpretation arises, this Interlocal Agreement shall be construed as if drafted jointly by the
Parties and no presumption or burden of proof shall arise favoring or disfavoring any Party by
virtue of the authorship of any of the provisions of this Interlocal Agreement. Any headings
preceding the texts of the sections and subsections of this Interlocal Agreement and marginal
notes appended to copies hereof are solely for convenience of reference and neither constitute a
part hereof nor affect its meaning, construction or effect. All exhibits attached to this Interlocal
Agreement are hereby incorporated in and made a part hereof.
Section 15. Waiver. Performance of this Interlocal Agreement by either Party after
notice of default of the terms, covenants or conditions, shall not be deemed a waiver of any right
to terminate this Interlocal Agreement for any subsequent default, and no waiver of such default
shall be construed or act as a waiver of any subsequent default.
Section 16. Amendments. This Interlocal Agreement may be amended only through a
written document executed by the Parties.
Section 17. Default and Remedies. Failure by a Party to perform any of its
obligations hereunder shall constitute a default hereunder, entitling the non-defaulting Party to
terminate this Agreement or to pursue the remedies of specific performance, injunctive relief or
damages. Prior to unilateral termination of this Agreement or either Party filing any action as a
result of a default by the other Party under this Interlocal Agreement, the non-defaulting Party
exercising such right shall first provide the defaulting Party with written notice specifying such
default and the actions needed to cure same, in reasonable detail. Upon receipt of said notice, the
defaulting Party shall be provided a thirty (30) day opportunity within which to cure such
default. Failure to cure within such 30-day opportunity allows the non-defaulting Party to
terminate this Agreement. No remedy herein conferred upon any Party is intended to be
exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be
in addition to every other remedy given hereunder or now or hereafter existing at law or in equity
or by statute or otherwise. No single or partial exercise by any party of any rights, power, or
remedy hereunder shall preclude any other or further exercise thereof. Notwithstanding any
other provision of this Interlocal Agreement, in no event shall either party have any liability to
the other Party under this Interlocal Agreement, whether based in contract, in tort (including
negligence and strict liability), or otherwise, for any special, incidental, indirect, exemplary, or
consequential damages.
Section 18. Filing. A copy of this Interlocal Agreement may be filed with the Clerk
to the Board of County Commissioners for Orange County, Florida.
Section 19. No Third-Party Beneficiaries. This Interlocal Agreement does not create,
and shall not be construed as creating, any rights enforceable by any person or entity other than
the Parties.
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Section 20. Severability. In the event that any section, paragraph, sentence, clause or
provision hereof be held by a court of competent jurisdiction to be invalid, such shall not affect
the remaining portions of this Interlocal Agreement and the same shall remain in full force and
effect.
Section 21. Entire Agreement. This Interlocal Agreement, including Exhibits A, B,
and C, constitutes the entire Interlocal Agreement between the Parties with respect to the subject
matter hereof; any representations or statements heretofore made with respect to such subject
matter, whether oral or written, are merged herein. No other agreement whether oral or written,
with regard to the subject matter hereof shall be deemed to exist.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the following authorized representatives of the Parties have
executed this Interlocal Agreement on the date signed by each.
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Teresa Jacobs
Orange County Mayor
Date:
ATTEST: PHIL DIAMOND, CPA, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
CITY OF OCOEE, FLORIDA
By:
Its:
Date:
ATTEST:
City Clerk
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CITY OF OCOEE SIGNATURE PAGE
Orange County, Florida and City of Ocoee, Florida
Interlocal Agreement for
Municipal Separate Storm Sewer System Permit Activities
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA,
Melanie Sibbitt, City Clerk Rusty Johnson, Mayor
DATE:
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM AND , 20
LEGALITY this day of UNDER AGENDA ITEM NO.
, 20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
"EXHIBIT A"
REIMBURSEMENT SERVICES
__.,chsi bilines of the COUNTY and OCOEE as to the l rnolernentetion sea executor c'tl e VS4 NPDES Permit No.FLS00'3311-004 are generally as
cost
The COUNTY has entered into a contract with the University of South Florida(USF)to implement the Watershed Atlas Project(project); $2,400 To be paid thirty(30)days from
and the COUNTY has agreed to pay USF a designated sum for annual maintenance of the project;and the project will provide the annually the commencement date of the
COUNTY and OCOEE with information about their water quality and other watershed related projects and information;and where as contract,and annually on that
both parties now desire to renew the contract for a period of forty-eight(48)months each time it expires until MS4 NPDES Permit Month and Day each year until
FL5000011-004 expires;and OCOEE has agreed to assist the COUNTY in paying for the maintenance of the project.OCOEE has the permit expires
appropriated,for the period commencing on 6/1/2017 and ending upon expiration of MS4 NPDES Permit FLS000011-004,the annual
sum of$2,400 to be used by the COUNTY solely for the purpose of maintaining the project.
Web-accessible Stormwater Testing System:The COUNTY will provide training materials for illicit discharge and improper disposal $433 To be paid thirty(30)days from
training to fulfill the requirements of by Part III.A.7.c of the MS4 NPDES Permit,spill prevention and response training to fulfill the one time the commencement date of the
requirements of by Part III.A.7.d of the M54 NPDES Permit,and construction site runoff training to fulfill the requirements of by Part contract
II. III.A.9.c of the M54 NPDES Permit. The OCOEE has appropriated a one-time fee for the period commencing on 6/1/2017 and ending
on 5/31/2018 the total sum of$433 to be used by the COUNTY solely for the purpose of preparing the training materials to meet the
requirements of Parts III.A.7.c,III.A.7.d,and III.A.9.c of the MS4 NPDES Permit.
The timely preparation and submittal by the COUNTY to OCOEE of estimates of annual pollutant loadings,event mean concentrations $1,620 To be paid on 6/1/2019
(EMC),and best management practice(BMP)load reductions,as required by Part V.A.of the MS4 NPDES Permit.OCOEE has one time
Hi. appropriated for the period commencing on 6/1/2017 and ending on 11/30/2019 the total sum of$1,620 to be used by the COUNTY
solely for the purpose of preparing the estimates of annual pollutant loadings and EMCs to meet the requirements of Part V.A.of the
M54 NPDES Permit.
The timely performance by the COUNTY of water quality monitoring at the locations and frequencies and for the parameters specified $4,860 To be paid thirty(30)days from
in Exhibit C,analysis of water samples for the parameters specified in Exhibit C,and/or upload of data to the STORET database(or annually the commencement date of the
iv. successor)and the Water Atlas as required by Part V.B.of the M54 NPDES Permit.OCOEE has appropriated,for the period contract,and annually on that
commencing on 6/1/2017 and ending upon expiration of the MS4 NPDES Permit,the annual sum of$4,860 to be used by the COUNTY Month and Day each year until
solely for the purpose of performing the monitoring activities specified in Exhibit C. the permit expires
"EXHIBIT B"
SHARED RESOURCES
The Responsibilities of the COUNTY and OCOEE as to the implementation and execution of the MS4 NPDES Permit No.FLS000011-004 are generally as OCOEE
follows:
The timely implementation by the COUNTY and OCOEE of a public education and outreach program for pesticides,herbicides,and
fertilizers to fulfill the requirements of by Part III.A.6 of the MS4 NPDES Permit. OCOEE and the COUNTY agree to share resources and
provide quantified activities needed for annual reporting solely for the purpose of the public education and outreach program X
requirements of Part III.A.6 of the MS4 NPDES Permit for pesticides,herbicides,and fertilizers.
The timely implementation by the COUNTY and OCOEE of a public education and outreach program plan for public reporting of illicit
discharges and improper disposal to fulfill the requirements of by Part III.A.7.e of the MS4 NPDES Permit. OCOEE and the COUNTY
II. agree to share resources and provide quantified activities needed for annual reporting solely for the purpose of the public education X
and outreach program requirements of Part III.A.7e of the MS4 NPDES Permit for public reporting of illicit discharges and improper
dis.osal.
The timely implementation by the COUNTY and OCOEE of a public education and outreach program plan for proper use and disposal
of hazardous waste to fulfill the requirements of by Part III.A.7.f of the MS4 NPDES Permit. OCOEE and the COUNTY agree to share
III. resources and provide quantified activities needed for annual reporting solely for the purpose of the public education and outreach X
program requirements of Part III.A.7.f of the MS4 NPDES Permit for proper use and disposal of hazardous waste.
"EXHIBIT C"
MONITORING PLAN LOCATIONS
List Monitoring Station locations agreed to by COUNTY and OCOEE to satisfy Part V.A of the permit
Quarterly Monitoring Station WBID ID Latitude/Longitude Description
Lake Lotta(BW38) 28.551943,-81.511184 samples to be collected by City of Ocoee
Lake Olympia(BW46) 28.568203,-81.522374 samples to be collected by City of Ocoee
Spring Lake(BW58) 28.581545,-81.519880 samples to be collected by City of Ocoee
Starke Lake(BW60) 28.571671,-81.536043 samples to be collected by City of Ocoee
Lake Prima Vista(BW80) 3002E 28.563897,-81.536641 samples to be collected by City of Ocoee
Prairie Lake(BW71) 28.59316129,-81.50819875 samples to be collected by City of Ocoee
Lake Lilly(BW36) 2872C 28.544752,-81.534712 samples to be collected by City of Ocoee
Lake Pearl(BW70) 2872B 28.541666,-81.532964 samples to be collected by City of Ocoee
Lake Johio(BW32) 28.57740308,-81.51129323 samples to be collected by City of Ocoee
Collection of lake and/or stream samples:
Sites Events Per Year Cost Per Sample Subtotal Sample
Collection
0 0 $289 $0
Quarterly lake and/or stream samples analyzed for:
Analyte Sites Events Per Year Cost Per Sample Cost Per Analyte
Total Phosphorus 9 4 $6 $216
Total Nitrogen 9 4 $6 $216
Total Kjeldahl Nitrogen 9 4 $6 $216
NOx(nitrate+nitrite) 9 4 $6 $216
Nitrate 9 4 $6 $216 ,
Nitrite 9 4 $6 $216
Nitrogen,Organic 9 4 $6 $216
Ammonia 9 4 $6 $216
Alkalinity 9 4 $6 $216
Chlorophyll-a,corrected 9 4 $6 $216
Color 9 4 $6 $216
Fecal coliforms 9 4 $6 $216
Escherichia coli(E.co/i) 9 4 $6 $216
Subtotal Monthly Analytical $2,808
Uploading Analytical Results:
Sites Quarters Cost Per Site Subtotal Data Upload
Per Quarter
State database and 9 4 $57 $2,052
Water Atlas
TOTAL ANNUAL MONITORING,ANALYTICAL,AND DATA REPORTING COSTI $4,860
Exhibit C
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