Loading...
NPDES Monitoring 02-07-06 OFFICE OF GENERAL COUNSEL RICHARD A. MULLANEY CITY OF JACKSONVILLE CINDY A. LAQUIDARA GENERAL COUNSEL _ _ _ CHIEF DEPUTY GENERAL COUNSEL MICHAEL J. ARINGTON / " jp,CKg� 4 �Z NEILL W. MCARTHUR, JR. TRACEY I. ARPEN, JR. ti /A � Z ERNST D. MUELLER THOMAS M. BEVERLY i 1/ - C4 DOUGLASS E. MYERS, 1R. WILLIAM B. BURKETT 1Q - `" - tt }} VIRGINIA B. NORTON KAREN M. CHASTAIN f DERREL Q. CHATMON L+ ;� V1.. " '�` r rr r BRUCE D. PAGE 7 HOMAS M. CLAYTON `� �''L ✓ GAYLE PEERIE - __GRID¢%' JON R. PHILLIPS R. WILLIAM CROWE �� GREGORY K. RADLINSKI COLLErrE B. CUNNINGHAM an( HALL, ST. JAMES BUILDING DYLAN 3. REINGOLD TIMOTHY W. DUNHAM J C� ,1 p STEVEN E. ROH.4N SHANNON K. ELLER 117 WEST DUVAL STREET, SUITE 480 ANDRES ROJAS BRENDA B. EZELL JACKSONVILLE, FLORIDA 32202 JULIANA ROWLAND LOREE L. FRENCH MARGARET M. SIDMAN JOHN F. GERMANY, JR WENDY L. SHINER SEAN B. GRANAT LESLEI G. STREET SUZANNE S. HOWARD SCOTT D. MAKAR EDWARD C. TANNEN JASON R. TEAL HOWARD M. MALTZ MICHAEL B. WEDNER February 7, 2006 Rick Caper, P.E. City of Atlantic Beach 800 Seminole Road Atlantic, Beach, FL 32233 RE: Interlocal Agreement For NPDES Monitoring (Recording). Dear Mr. Caper: Attached please find a copy of the captioned Interlocal Agreement, as it was recorded in the Official Records of Duval County. This was received, for recording, by the Clerk of Courts and was recorded on January 30, 2006. It has been recorded in Book 13040, Page 1905, et seq., Official Records of Duval County. Thank you for your attention. Cordially, z?.._ ...4241-e. MAI'lliohbaK4 eill W. McArthur, Jr. • Chief, Contract Administration and Corporation Secretary Office Telephone Writer's Direct Line Facsimile Writer's E -Mail Address Office Web Site (904) 630 -1700 (904) 630 -1715 (904) 630 -1731 NeiIIM@coj.net GeneralCounsel.coj.com . Page 1 of 1 4Y 111111111111111110111111111111111111111 • tNE qq •d f �F': tiL : ' '.� � � ; Print Date: 1/30/2006 11:09:31 AM Transaction #: 787478 Receipt #: 747589 Jim Fuller Cashier Date: 1/30/2006 Clerk Circuit Court 11:09:28 AM (BREED) Duval County 330 E. Bay Street Rm 103 Jacksonville. FL 32202 (904) 630-2044 Customer Information Transaction Information Payment Summary DateReceived: 01/30/2006 MAIN Source Code: OFFICF (5006) OFFICE OF GENERAL COUNSEL MAIN 117 W DUVAL. ST 480 Q Code: OFFICE Total Fees $78.00 JACKSONVII:.LE, FL 32202 Return Code: Over the Total Payments $78.00 Escrow Balance: - $570.50 Counter Trans Type: Recording Agent Ref Num: 1 Payments $78.00 [Pl DEFERRED 1 Recorded Items BK /PG: 13040 /1905 CFN:2006034242 R • (AGMT) AGREEMENT Date:1 /30/20061.1:09:25 AM From: JACKSONVILLE CITY OF To: ATLANTIC BCH CITY OF INDEXING 2 $0.00 RECORDING 9 $78.00 1 0 Search Items 1 11 . Miscellaneous Items • file: / /C: \Program Files \RecordingModule \default.htm 1/30/2006 Prepared by and Return to: Neill W. McArthur, Jr. Office of General Counsel 117 West Duval Street, Suite 480 Doc # 2006034242, OR BK 13040 Page 1905, Jacksonville, Florida 32202 Number Pages: 9 Filed & Recorded 01/30/2006 at 11:09 AM, JIM FULLER CLERK CIRCUIT COURT DUVAL COUNTY RECORDING $78.00 INTERLOCAL AGREEMENT BETWEEN THE CITY OF JACKSONVILLE AND THE CITY OF ATLANTIC BEACH FOR NPDES MONITORING HIS INTERLOCAL GREEMENT is made and entered into this ,�t day of /,_, _ _ , 209r, by and between the CITY OF JACKSONVILLE, a mu "pal corporati in Duval County, Florida, with principal address at 117 West Duval Street, Jacksonville, Florida 32202 (hereinafter referred to as "COJ ") and the CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation in Duval County, Florida with principal address at 800 Seminole Road, Atlantic Beach, Florida 32233 (hereinafter referred to as "COAB "). WITNESSETH: WHEREAS, COJ is the Permittee for the Phase I National Pollutant Discharge Elimination System (hereinafter referred to as "NPDES ") Program with the United States Environmental Protection Agency (hereinafter referred to as "EPA ") and the Florida Department of Environmental Protection (hereinafter referred to as "DEP "); and WHEREAS, the Florida Department of Transportation (hereinafter referred to as the "FDOT ") and COAB both operate drainage systems in and throughout Duval County and both are Co- permittees under the COJ's Phase I NPDES Permit specified above, but the COJ has the lead role in the implementation of the above mentioned Phase I NPDES Program; and WHEREAS, one requirement of the above mentioned Phase I NPDES Program is to perform periodic water quality monitoring, as further detailed in the March 5, 2004, DEP approved NPDES Monitoring Plan (hereinafter referred to as the "Monitoring Plan ") for the City and the co- permittees; and the COJ has performed such water quality monitoring; and 0\ • WHEREAS, on August 10, 1993, the COJ and the FDOT made and entered into an Interagency Agreement defining their respective obligations under NPDES laws, rules and regulations (hereinafter referred to as the "Interagency Agreement ") and said Interagency Agreement has been amended on June 19, 1995 and has been supplemented on June 3, 1996, November 21, 1999 and on November 7, 2002; and WHEREAS, pursuant to said Interagency Agreement, as amended and supplemented, the FDOT and the COJ share the costs and expenses incurred by the parties in performing their respective portions of the the NPDES permitting process including but not limited to water quality monitoring in the Phase I NPDES Program; and WHEREAS, the COAB is willing to enter into an agreement with the COJ to share the costs and expenses incurred in performing their respective portions of the Monitoring Plan for the City and the co- permittees; and • WHEREAS, the parties have negotiated this Agreement to memorialize the rights duties and obligations of each of the parties in sharing costs and expenses incurred in implementing their respective portions of the Monitoring Plan for the City and the co- permittees; now therefore IN CONSIDERATION of the mutual covenants and promises herein contained and for other good and valuable consideration, the parties agree as follows: 1. Incorporation of Recitals. The above stated recitals are true and correct and, by this reference, are made a part hereof and are incorporated herein. 2. Term. The term of this Agreement shall commence on the day and year first above written and shall continue in full force and effect as to all terms and conditions hereto until December 31, 2007, unless earlier terminated by either party, at any time without cause, by giving the other party thirty (30) days advance written notice of such termination. 3. Duties and Obligations of COJ. 3.01. COJ shall investigate and prosecute illegal discharges and connections to the COJ's stormwater system (as defined in Chapters 1 and 4 of the COJ (March 1993) Application for a stormwater discharge permit)(hereinafter referred to as the "Permit Application ") that interconnect with the COAB's stormwater system. 3.02. COJ shall source identify and characterize its stormwater discharge (as defined in Chapters 2 and 3 of Part 2 of said Permit Application. -2- 3.03. COJ shall develop and maintain permitting procedures, guidelines and program (as defined in Chapters 1 and 4 of Part 2 of said Permit Application). 3.04. For all COJ stormwater systems interconnected with COAB, the COJ shall share information with COAB and coordinate enforcement, source identification discharge characterization, management program and permitting program with COAB. 3.05. COJ shall implement the Monitoring Plan for the City and the co- permittees. 4. Duties and Obligations of COAB. 4.01. COAB shall maintain a permitting program concurrent with the COJ permitting program for connections and modifications to the COAB's stormwater management system that connects with the COJ's stormwater system. 4.02. For all of COAB's stormwater systems interconnected with COJ's stormwater system, the COAB shall share information with COJ regarding modifications and additions to COAB's stormwater system and any illegal discharges or connections discovered by COAB involving the COAB's stormwater system. 4.03. COAB shall prosecute, to the extent permitted by law, any illegal discharges or connections to the COAB stormwater system. 4.04. COAB shall share cost and expenses,for the implementation of the Monitoring Plan, for the City and the co- permittees, as specified in Section 5, of this Agreement. 5. Cost /Expense Sharing and Reimbursement. 5.01. COJ's share of the costs and expenses for the implementation of its portion of the Monitoring Plan for the City and the co- permittees, shall be a total amount not to exceed: ELEVEN THOUSAND THREE HUNDRED SIXTY -TWO AND 50/100 DOLLARS ($11,360.50). 5.02. COAB's share of the costs and expenses for the implementation of its portion of the Monitoring Plan for the City and the co- permittees, shall be a total amount not to exceed: ELEVEN THOUSAND THREE HUNDRED SIXTY -TWO AND 50 /100 DOLLARS ($11,362.50). -3- 5.03. COAB shall reimburse COJ for the implementation of the Monitoring Plan for the City and the co- permittees in an amount, not -to- exceed ELEVEN THOUSAND THREE HUNDRED SIXTY -TWO AND 50 /100 DOLLARS ($11,362.50). 6. Payment. 6.01. With respect to COAB's reimbursement to COJ for, implementation of the Monitoring Plan for the City and the co- permittees, COJ shall submit invoices, bills and/or other documentation satisfactory to COAB to identify such water quality monitoring and to allow COAB to release funds in payment thereof. 6.02. COJ shall submit such invoices, bills and other documentation to COAB by the fifteenth (15 day of any given month for services performed and provided during the previous month 6.03. COAB shall review such invoices and make payment to COJ for the services provided within fifteen (15) days after receipt of the said invoices, bills and other documentation. 6.04. The parties understand and agree that the obligation of either party to perform under this Agreement is contingent upon availability of lawfully appropriated funds for this Agreement. 7. General Conditions. 7.01. Indemnity. Subject to the provisions and limitations of Section 768.28, Florida Statutes, and to the extent permitted thereby, each party hereto shall hold harmless, indemnify, and defend the the other party, its employees, representatives, and agents against any claim, action, loss, damage, injury, liability, cost and expense, of whatsoever kind or nature (including, but not by way of limitation, attorney's fees and court costs) arising out of injury (whether mental or corporeal) to persons, including death, or damage to property, arising out of or incidental to the negligent acts and/or omissions of the Indemnifying Party, in its performance of its duties and obligations pursuant to this Agreement or work performed thereunder. This indemnity is not, nor shall it be construed as, a further waiver of either party's sovereign immunity, beyond the limited legislative waiver of sovereign immunity as codified in Section 768.28, Florida Statutes. 7.02. Insurance. Each party to this Agreement shall procure and maintain at its sole expense, during the term of the Agreement, types of insurance in amounts -4- appropriate to the services performed by each party. Such insurance coverage may be obtained by self insurance as permitted and authorized in Section 768.28(16), Florida Statutes (2004). 7.03. Retention of Records /Audit. The parties and their subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in the performance of the water quality monitoring in the implementation of the Monitoring Plan for the City and the co- permittees, as well as the reimbursement payments therefor; and shall make such materials available at all reasonable times, during the period of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection and/or audit by the other party. All such documents relating to the services performed or money expended under this Agreement shall be open to the either party's inspection and audit during the other party's regular business hours. 7.04. Compliance with Laws etc. In performing under this Agreement, each party must comply with any and all applicable Federal, State and local laws, rules, regulations and ordinances, as the same exist and may be amended from time to time. Such laws, rules, regulations and ordinances shall include, but are not limited to, Chapter 119, Florida Statutes, (the Florida Public Records Law) and Section 286.011, Florida Statutes, (the Florida Sunshine Law). If any of the obligations of this Agreement are to be performed by a Subcontractor, the provisions of this Section shall be incorporated into and become a part of the subcontract. 7.05. Governing State Law/Venue /Severability. The rights, obligations and remedies of the parties as specified under this Agreement shall be interpreted and governed in all aspects by the laws of the State of Florida. Should any provision of this Agreement be determined by the courts to be illegal or in conflict with any law of the State of Florida, the validity of the remaining provisions shall not be impaired. Venue for litigation of this Agreement shall be in courts, of competent jurisdiction located in Jacksonville, Duval County, Florida. 7.06. Non - Waiver. Failure by either party to insist upon strict performance of any of the provisions hereof, either party's failure or delay in exercising any rights or remedies provided herein, the payment for services performed hereunder, or any part or combination thereof, or any purported oral modification or recision of this Agreement by an employee or agent of either party; shall not release either party of its obligations under this Agreement; shall not be deemed a waiver of any rights of either party to insist upon strict performance hereof; or of either party's rights or remedies under this Agreement or by law; and shall not operate as a waiver of any of the provisions hereof. -5-- 7.07. Delay. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligation is prevented or delayed by any cause beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in such event be extended for a period equal to any time lost due to such prevention or delay. 7.08. Section Headings. Section headings appearing herein are inserted for convenience or reference only and shall in no way be construed to be interpretations of text. 7.09. Construction. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Preferentum" shall not be applied to the interpretation of this Agreement. 7.10. Amendments. All changes to, additions to, modifications of, or amendment to this Agreement, or any of the terms, provisions and conditions contained herein, shall be binding only when in writing and signed by the authorized officer, agent or representative of each of the parties hereto. 7.11. Notice. All notices under this Agreement shall be delivered by certified mail, return receipt requested, or by other delivery with written receipt to the following: As to COJ: Edgar Hall, P.E. Public Works Department 220 East Bay Street Jacksonville, FL 32202 As to COAB: Phil Nodine City of Atlantic Beach 800 Seminole Road Atlantic Beach, FL 32233 4.12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto for the performance of water quality monitoring in the Phase II NPDES Program and reimbursement hereunder. No statement, representation, writing, -6- understanding, agreement, course of action or course of conduct, made by either party, or any representative of either party, which is not expressed in this Agreement shall be binding. [The remainder of this page is intentionally left blank. The signature page follows.] -7- IN WITNESS WHEREOF, the City ofJacksonville, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTES : CITY a • CKSO VI LE By: N-' . cArthur, Jr. ;t" VV; Pe .n, Mayor • er, Corporation Secretary t V .• STATE OF FLORIDA) ,* ir +, r ' )ss. 'K �jtlDl'' -t COUNTY OF DUVAL) "" The foregoing instrument was acknowledged before me this A ' day of!i,_, 200 by John Peyton and Neill W. McArthur, Jr., the Mayor and Corporati Secreta 1 respectively, of the City ofJacksonville, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) IV are personally known to me; or ❑ produced a current driver's license as identification; or ❑ produced as identification . l . _itL / (Sign) (Print) NOTAR ' . Ghapp X expires: = -K. Expires ;uiy� 25. 2008 (NOTARIAL SEAL) i` Bonded Troy Fain - in=surance, Inc. 900- 385 -7078 In compliance with the Ordinance Code of the City of Jacksonville, I do hereby certify that there is an unexpended, unencumbered and un impounded balance in the appropriation to cover the foregoing Agreement and that provision has been_, pade for the payment of the monies provided therein to be paid. fl 6 Director of Administration and Finance 1, i0b City Contract Number:, c‘„21— • rm Approved: , e _ 00. O of General Counsel -8- IN WITNESS WHEREOF, the City of Atlantic Beach, by and through its respective authorized representatives has caused this Agreement to be executed on the day and year first above written. ATTEST 1 CITY OF ATLANTIC BEACH By: G� ( .L 0/ � 4 By: N Donna Bussey, City Clerk Donald Wolfson, Mayor 800 Seminole Road 800 Seminole Road Atlantic Beach, FL 32233 Atlantic Beach, FL 32233 STATE OF FLORIDA ) )ss. COUNTY OF DUVAL) The foregoing instrument was acknowledged before me this 1 day of .1)ece,,,,tjef ;0 2005, by Donald Wolfson and Donna Bussey, the Mayor and City Clerk respectively, of the City of Atlantic Beach, a municipal corporation in Duval County, Florida. Such persons: (notary must check applicable box) El- are personally known to me; or ❑ produced a current driver's license as identification; or ❑ produced as identification 46 rN (Sign) �, \e..., .,e tom- S1 (Print) NOTARY PUBLIC My Commission expires: 0.Acui 31 J aopci (NOTARIAL SEAL) �, .�a,.'�x. JEANNE M. SHAW = !. 't •c MY COMMISSION # DD 435986 ..;4„ :i = EXPIRES: May 31, 2009 E OF ', ' bonded Thru Notary Public Underwriters -9-