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N.P.D.E.S. CO-PERMITTEES FOR DESIGN & IMPLEMENTATION OF WATER QUALITY MONITORING PROGRAM PINELLAS COUNTY GOVERNMENT IS COMMITTED TO PROGRESSIVE PUBLIC POLICY, SUPERIOR PUBLIC SERVICE, COURTEOUS PUBLIC CONTACT, JUDICIOUS EXERCISE OF AUTHORITY AND SOUND MANAGEMENT OF PUBLIC RESOURCES, TO MEET THE NEEDS AND CONCERNS OF OUR CITIZENS TODAY AND TOMORROW INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERA TION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM AGREEMENT PREPARED BY DEP ARTMENT OF ENVIRONMENTAL MANAGEMENT ENVIRONMENTAL RESOURCES MANAGEMENT DIVISION NOVEMBER 2002 00 ---0 7 / ~03 a~) TABLE OF CONTENTS SECTION PAGE 1 mTENT OF AGREEMENT......................................................................................... 2 2 PURPOSE ............... .................................................................................. .................... 5 3 GENERAL RESPONSIBillTIES................................................................................. 5 4 COST ALLOCA nON ...... ........................................................................ .................... 7 5 COPIES ..... ..... ........... ........ ......... ......... ... ... ........... ......................................................... 8 6 NOTICES............................... ................. ...................................................................... 8 7 AUDIT REQUIREMENTS......................................................................................... 10 8 TERMIN'ATION OF AGREEMENT..........................................................................11 9 ENTIRE AGREEMENT... .......................................................................................... 11 10 AGREEMENT TERM .......................................... ............................................. ......... 11 11 FISCAL FUNDmG .................................................................................................... 12 12 HOLD HARM:LESS.................................................................................................... 12 13 EFFECTIVE DATE ..................................................................................................... 12 EXlIIBIT A.................................................................................................. .15 EXlIIBIT B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 EXlIIBIT C... ...... . . . .., . . ... .... . .... . ... ....... .. ... ... ... . . . . .. . .. .. . . .. . ..... ... . .. . ..... ...... . . . . . . ...21 Page 1 of 22 - , SECTION 1, INTENT OF AGREEMENT INTENT OF INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S CO-PERMITTEES FOR THE DESIGN AND IMPLEMENT A TION OF A WATER QUALITY MONITORING PROGRAM TIllS AGREEMENT, entered into on the ---1.L day of ~2003, between the BOARD OF COUNTY COMMISSIONERS of Pinellas County, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY, and the Cities of Pinellas County, including the Town of Belleair, City of Belleair Beach, City of Belleair Bluffs, City of Clearwater, City of Dunedin, Town of Kenneth City, City of Gulfport, City of Indian Rocks Beach, City of Largo, City of Madeira Beach, Town of North Redington Beach, City of Oldsmar, City of Pinellas Park, Town of Redington Beach, Town of Redington Shores, City of St. Pete Beach, City of Safety Harbor, City of Seminole, City of South Pasadena, City of Tarpon Springs, City of Treasure Island, all of which are municipal corporations of the State of Florida and co- permittees to Pinellas County in its N.P.D.E.S. permit, hereinafter referred to as CO- PERMITTEES. Page 2 of 22 " , WITNESSETH, That: WHEREAS, the COUNTY and the CO-PERMITTEES desire to protect and promote the public health, safety and general welfare through the management and assessment of the effects of stormwater runoff; and . WHEREAS, the COUNTY and the CO-PERMITTEES desire to maintain and assist in the improvement of water quality and to preserve and enhance the environmental quality of receiving waters; and WHEREAS, pursuant to the Clean Water Act (CW A), section 402,33 U.S.c. S 1342, and the regulations promulgated thereunder, certain political entities are required to implement stormwater management programs within certain time frames; and WHEREAS, pursuant to the CW A requirements, the United States Environmental Protection Agency (EPA) has developed regulations under the National Pollutant Discharge Elimination System (NPDES) permit program published as 40 c.P.R. S 122.26; and WHEREAS, 40 c.F.R. S 122.26(a) requires that stormwater permits be required for large and medium municipal separate storm sewer systems, determined from the 1990 census, and Appendix I to Part 122, designates the COUNTY as a large separate storm sewer system; and WHEREAS, the EPA, Region IV notified the COUNTY and the CO-PERMITTEES by letter dated December 16, 1993 that the CO-PERMITTEES are designated as part of the COUNTY municipal separate storm sewer system (MS4) for the purposes of NPDES permitting; and WHEREAS, the COUNTY as lead applicant and the CO-PERMITTEES as co-applicants applied for and received NPDES permit #FLS000005; and Page 3 of 22 WHEREAS, NPDES permit #FLS000005 Part V.B.I requires a monitoring program to assist in determining the impact of stormwater discharges on receiving waters located in the geographical area covered by the permit; and WHEREAS, NPDES permit #FLS000005 Part V.B.! requires a monitoring program to assist in determining the effectiveness of the stormwater management programs being implemented and shall assist in identifying and prioritizing portions of the MS4 requiring additional controls; and WHEREAS, NPDES permit #FLS000005 was delegated from the Environmental Protection agency's jurisdiction to the Florida Department of Environmental Protection in October 2000 as set forth in Section 403.0885, Florida Statutes (F.S.); and WHEREAS, stormwater discharges from medium and large MS4's are regulated under Chapter 62-624, F.A.c.; WHEREAS, it is the mutual desire of the COUNTY and the CO-PERMITTEES to establish relationships and responsibilities for developing a design of a water quality monitoring program to meet NPDES Stormwater permit requirements. WHEREAS, it is the mutual desire of the COUNTY and the CO-PERMITTEES to establish relationships and responsibilities for funding the operation and maintenance of a water quality monitoring program to meet NPDES Stormwater permit requirements. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties hereto mutually agree as follows: Page 4 of 22 SECTION 2, PURPOSE The purpose of this Agreement is to set forth the relationship of the COUNTY and the CO-PERMITTEES with respect to the following: A. To define the general responsibilities of the COUNTY and the CO-PERMITIEES in developing the design of the water quality monitoring program that will be consistent with, and in support of, the requirements of NPDES permit #FLS000005. B. To define the general responsibilities of the COUNTY and the CO-PERMITTEES in implementing and continuing a water quality monitoring program that will be consistent with, and in support of, the requirements of NPDES permit #FLS000005. C. To establish a cost allocation method to ensure equitable distribution of program design, operation and maintenance costs. SECTION 3, GENERAL RESPONSIBll..ITIES 1. Monitoring Program Design A. The County as lead permittee will be responsible to engage and secure a consultant to develop the design for the water quality monitoring program in accordance with the Proposed Project Plan set forth in Exhibit "A." B. The COUNTY will administer the consultant's contract. C. The COUNTY will ensure the design is completed by the consultant on or before April 1, 2003. Page 5 of 22 D. The CO-PERMITTEES will be provided copies of the final program upon design completion. 2. Monitoring Program Implementation, Operation and Maintenance A. The COUNTY shall continue to monitor water quality in countywide receiving water bodies from October l, 2002 through the duration of this agreement term. B. The COUNTY will implement the new monitoring design on or before Aprill, 2003. C. The COUNTY will continue to operate and maintain the sampling program using COUNTY staff and equipment. The program will consist of managing staff, maintaining equipment and instruments in working order, ordering supplies and calibration standards, performing necessary field quality assurance protocols in accordance with FDEP guidelines, collection of samples, coordinating sample delivery to a NELAC (National Environmental Laboratory Accreditation Conference) certified analytical laboratory, reviewing and managing analytical data results, entering data into the US Environmental Protection Agency's STORET database as required by FDEP, and reporting of data results to FDEP in accordance with NPDES permit requirements. D. The COUNTY shall iflclude reference to each CO-PERMITTEE listed in this agreement as a contributor to the countywide monitoring program in monitoring program results reported to FDEP as required by NPDES permit #FLS000005. Page 6 of 22 SECTION 4, COST ALLOCATION 1. Monitoring Program Redesign A. The CO-PERMITTEES and the COUNTY shall share the one-time cost of the water quality monitoring program redesign. The cost sharing shall be based on acreage of the COUNTY and each CO-PERMITTEE as shown in Exhibit "B." The acreage figures presented in Exhibit "B" are the most recent acreage figures available at the time this agreement is being executed and shall remain in effect for the duration of this agreement term. The full program design cost to the COUNTY will not exceed $25,000. The monitoring redesign cost to each CO- PERMITTEE shall not exceed the amounts set forth in Exhibit "B." The COUNTY will pay the full invoice amount to the consultant and then invoice each CO-PERMITTEE for their respective share. B. The COUNTY shall invoice the CO-PERMITTEES for their respective contribution, as stated above, to be paid in a lump sum after the completion of the monitoring redesign. Each CO-PERMITTEE shall make payment of its indicated share to the COUNTY within forty (40) days of receipt of the invoice, and may request supporting documentation from the COUNTY. 2. Monitoring Program Implementation, Operation and Maintenance A. The CO-PERMITTEES and the COUNTY shall share the annual cost of the water quality monitoring program in accordance with the terms shown in Exhibit "c." The cost sharing shall be based on acreage of the COUNTY and each CO- PERMITTEE as set forth in Exhibit "B." The acreage figures presented in Exhibit Page 7 of 22 "B" are the most recent acreage figures available at the time this agreement is being executed and shall remain in effect for the duration of this agreement term. B. The COUNTY shall invoice the CO-PERMITTEES for their respective contribution, as stated above, to be paid in a lump sum after the end of each fiscal year (Oct. 1 st -Sept. 30th). Each CO-PERMITTEE will make payment of its indicated share to the COUNTY within forty (40) days of receipt of the invoice. C. The COUNTY will provide the CO-PERMITTEES with a detailed invoice including supplies cost, labor and laboratory analyses. SECTION 5, COPlES Upon final execution of this document, the original will be filed with the Clerk of Circuit Court of Pinellas County pursuant to Chapter 163.01, Florida Statutes. Two (2) copies will be provided to each CO-PERMITTEE. SECTION 6, NOTICES All written notices to THE CO-PERMITIEES and the COUNTY under this agreement shall be directed to the following addresses: Pinellas Countv: Andrew P. Squires Pinellas County Dept. of Environmental Management 512 S. Fort Harrison Avenue Clearwater, FL 33756 727-464-4761 Belleair: Mr. Steve Cottrell Town Manager 901 Ponce De Leon Blvd. Belleair, FL 33756-1096 Page 8 of 22 Belleair Bluffs: Mr. Robert David City of Belleair Bluffs 2747 Sunset Blvd. Belleair Bluffs, FL 33770 Citv of BeUeair Beach: Mr. Buell Vann Public Works Director City of Belleair Beach 444 Causeway Blvd. Belleair Beach, FL 33786-3399 Clearwater: Mr. Brett Gardner Public Works Administration City of Clearwater P.O. Box 4748 Clearwater, FL 33758-4748 Dunedin: Mr. Anthony "Tony" Manello Stormwater Utility Supervisor City of Dunedin 1405 County Rd. 1 Dunedin, FL 34698 Kenneth Citv: Mr. John Dutton Director of Public Works Town of Kenneth City 6000 54th Ave. N. Kenneth City, FL 33709-1800 Madeira Beach: Mr. Michael Maxemow Public Works Director City of Madeira Beach 300 Municipal Drive Madeira Beach, FL 33708-1996 Oldsmar: Mr. Steve Frates Environmental Specialist City of Oldsmar 351 Lafayette Blvd. OIdsmar, FL34677-3756 Indian Rocks Beach: Mr. Dean Scharmen Public Services Director City of Indian Rocks Beach 1507 Bay Palm Blvd. Indian Rocks Beach, FL 33785-2899 Lanw: Mr. Mike Sepessy Stormwater Program Coordinator City of Largo P.O. Box 296 Largo, FL 33779-0296 N. Redineton Beach: Honorable Harold Radcliffe, Mayor Town of N. Redington Beach 190 173nl Avenue North Redington Beach, FL 33708-1397 Gulport: Mr. Paul Geisz City of Gulport 2401-53nl St. South Gulfport, FL 33707 Redinl!:ton Beach: Mr. Mark Davis Public Works Director Town of Redington Beach 105-164th Ave. Redington Beach, FL 33708-1519 Pinellas Park: Mr. Jeffrey F. Sabiel Streets & Drainage Division City of Pinellas Park 6051 78th Ave. N. Pinellas Park, FL 33781 Town of Redinl!:ton Shores: Ms. Launa Dopp Commissioner 17425 Gulf Blvd. Redington Shores, FL 33708-1299 Safetv Harbor: Mr. C.J. Wright Supervisor City of Safety Harbor 1200 Railroad Ave. Safety Harbor, FL 34695-2404 Seminole: Mr. Allen Godfrey Public Works Director City of Seminole 7464 Ridge Road Seminole, FL 33772-5226 Page 9 of 22 St. Pete Beach: Mr. Bill Miller Utilities Superintendent City of St. Pete Beach 155 Corey Avenue St. Pete Beach, FL 33706-1839 South Pasadena: Ms. Deborah Hohm City of South Pasadena Public Works Admin. Secretary 7047 Sunset Drive S. South Pasadena, FL 33707-2819 Tarpon Sprinl!s: Mr. Mark Schroeder City of Tarpon Springs 323 E. Pine Street Tarpon Springs, FL 34688 Treasure Island: Mr. Paul Fisher Water Pollution Control Supervisor City of Treasure Island 120 108th Ave. Treasure Island, FL 33706 SECTION 7, AUDIT REQUIREMENTS A. All parties' records shall be open to inspection and subject to examination, audit, and/or reproduction during normal working hours by any parties' agents or authorized representatives to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted pursuant to the execution of this Agreement. These records shall include, but not be limited to, accounting records, written policies and procedures, subcontractor files (including proposals of successful and unsuccessful bidders), original estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated final settlements), and any other supporting evidence necessary to substantiate charges related to this Agreement. They shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs, including overhead allocations as they may apply to costs associated with this Agreement. B. For the purpose of such audits, inspections, examinations and evaluations, the parties' agents or authorized representatives shall have access to said records from Page 10 of 22 the effective date of the agreement for the duration of the work, and until three (3) years after the date of final payment by the parties pursuant to this Agreement. C. The parties' agents or authorized representatives shall have access to all facilities and all necessary records to the extent necessary to conduct audits in compliance with this Section. The parties' agents or authorized representatives shall give all other parties reasonable advance notice of intended inspections, examinations, and/or audits. SECTION 8, TERMINATION OF AGREEMENT Any party may terminate this Agreement by notifying all other parties in writing thirty (30) days in advance. The Agreement will stay in effect for all parties remaining. SECTION 9, ENTIRE AGREEMENT This Agreement together with Exhibits "A," "B," and "e," embodies the whole agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document shall supercede all previous communications, representations and/or agreements, whether written or verbal, between the parties hereto. This Agreement may be modified only in writing, executed by all parties. SECTION 10, AGREEMENT TERM This Agreement shall take effect as provided in section 13 and shall remain in effect until September 30t\ 2008, unless renewed in writing by mutual agreement of all parties hereto Page 11 of 22 for an additional length of time. SECTION 11, FISCAL FUNDING In the event that sufficient budgeted funds are not available for a new fiscal period, the terminating party shall notify all other parties of such occurrence and the contract shall terminate on the last day of the current fiscal period without penalty or expense to the terminating party. SECTION 12, HOLD HARMLESS The parties hereto agree to be fully responsible for their own acts of negligence, or their respecti ve agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence to the extent permitted by section 768.28, Florida Statutes. Nothing herein shall be construed as consent by the COUNTY or the CO-PERMITTEES to be sued by third parties in any manner arising out of this agreement. SECTION 13, EFFECTIVE DATE This Agreement shall take effect upon execution by the parties. Page 12 of 22 IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and seals as the day and year first above written. ) I, -~l; :.fl_'. .:'~ {'-i. ' ;!;:'" <:,;:,.F}:'~ -\\;';';;iI4i'~j P};!~ElliA$';G~;gNTY, by and through its Board of County Commissioners """ \,' :;~ ::',::i/,:'~;'.,~~\ . . .. . .. . .~)X,_:'. . ,!,,~~:~~"::':<~, o " :():)'?Cl'~"f: . ~S :'. B. y...........:'~qj;;~~(/2. J l/<1Yk___ \',.0:~~~ ;Cl.1.alrma~ .~ ",..,y' O,.}:;" . ~ . .:. . .... I, 'I n J . 'At~,~:t:,;Karleen F. De Blaker, Clerk "J. " _, pIll t If I ,\' 'J;I, /C:':::':';~'>"':~~. _' /7f7 A /;?'::.... ....::r:f~i. . . : APPROVED AS TO FORM: , , :- . ,_ . I ~ . . .. ' ' '" J ...) ". .': - I,. '1/111111 By Page 13 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF BELLEAIR Attest: Town 'of Belleair, Florida fff/t/AA- ~.~ Town Clerk BY:~# Approved as to form and content by: WIl/II Town Attorney --- Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.s. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF BELLEAIR BEACH Attest: :tLCUt r 11. ~ L &t~A~~ Cit'y.clerk Approved as to form: Town of Belleair Beach, Florida .~ Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF BELLEAIR BLUFFS Attest: City of Belleair Bluffs, Florida Q~1.~ City Clerk By: Ap oved as to form and content by: Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLSOOOO05 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM Countersigned: CITY OF CLEARWATER, FLORIDA By: B~;;:~ Mayor-Commissioner ---- ~_~16.~ William B. Horne,11 City Manager Approved as to form: Attest: Leslie Dougall-Side / Assistant City Attorn Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S: PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF DUNEDIN Attest: City of Dunedin, Florida A~~0Y~df<L/ City Clerk Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF GULFPORT CITY OF GULFPORT, FLORIDA By: City Manager ~ .............. Approved as to form: Attest: ,1//., J ~ Yll LY~~"'-"-'- Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION; OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF INDIAN ROCKS BEACH Attest: City of Indian Rocks Beach, Florida !ilia~ . 0 ~ City Clerk \ BY:~~ Approved as to form and content by: Page 14 of 22 INTERLOCALAGREEMENTBETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF KENNETH CITY Attest: Town of Kenneth City, Florida T~~'~ ~:v4~ ?'I~-~ Approved as to form and content by: --- " ------------) Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF LARGO City of Largo, Florida By: ~ jL Mayor (/ City Clerk ~ ~ 19 : 1 ~ ", OS II I,.. ... " .... ... , ~ ......... , ...., ~ OR It>"',;- '\\\\\~~,~ , ,,- '~Qi,~~ ~~A-pproved : ~~CI;Y ~ty Attorney /f==fi'y . Page 140f ~~ INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF MADEIRA BEACH Attest: City of Madeira Beach, Florida p~~~ City Clerk '7 B~ tI1. ~r>>~ Approved as to form and content by: cftUd(t<<~. City Attorney Page 14 of22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF NORTH REDINGTON BEACH Attest: Town of North Redington Beach, Florida By:~ Q~ 3}. {2~. f) B~~~ Title: lOl>Jf\J L LEttK Title: ~tI\ 10r Approved as to form: Office o~ Attorney r~ B~e- Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF OLDSMAR Attest: 9, ~f)()fA1 -/ Approved as to form and content by: ~~ Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.s. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF PINELLAS PARK City of Pinellas Park, Florida BY~6h'". d ~~jl'.J Mayor , Page d of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND N.P.D.E.S. PERMIT FLS00005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF REDINGTON BEACH, FL. Town of Redington Beach, FL By: ~~ 1.::$ INTERLOCALAGREEMENTBETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEl\1ENTA TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM TOWN OF REDINGTON SHORES Attest: Town of Redington Shores, Florida ~#~~ Town Clerk Do a J. D per Approved a to form and content by: Page 14 of 22 INTERLOCALAGREEMENTBETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SAFETY HARBOR City of Safety Harbor, Florida ~ r- By: ." ~~- City Mayor Att~~ City Clerk .' Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF ST PETE BEACH Attest: City of St Pete Beach, Florida c4~'l'r~ ~'~-b.> City C~erk Theresa. B. McMas ter By:U~At/JL- City Manager Michael P. Bonfield Approved as to form and content by: Page 14 of22 INTERLOCALAGREEMENTBETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENT A TION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SEMINOLE Attest: City of Seminole, Florida By:~t~~ Approved as to form and content by: Page 14 of 22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S, PERl\fiT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF SOUTH PASADENA City of South Pasadena, Florida ~'k~ City Clerk V'~ By: tiLl /ltiv Mayor . v Approved as to form: /~d) ~ ~~ City Clerk /' -M~ I!fJ (MIA/) Cif Attorney Page 14 of 22 INTERLOCALAGREEMENTBETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLSOOOOOS CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF TARPON SPRINGS Attest: City of Tarpon Springs, Florida By: ~/iJff!H e5 " App ved as to form and content by: Page 14 of22 INTERLOCAL AGREEMENT BETWEEN PINELLAS COUNTY AND ITS N.P.D.E.S. PERMIT FLS000005 CO-PERMITTEES FOR THE DESIGN, IMPLEMENTATION, OPERATION AND MAINTENANCE OF THE AMBIENT WATER QUALITY MONITORING PROGRAM CITY OF TREASURE ISLAND Attest: ~~~~Q City Clerk /' '. City Seal: P8'Je 14 of 22 Exhibit A DEVELOPMENT OF A DESIGN OF A SURFACE WATER QUALITY MONITORING PROGRAM INTRODUCTION The Pinellas County Department of Environmental Management (DEM) has monitored County surface waters since 1991. The program has continued to support County watershed planning initiatives consistent with State Water Policy (Chapter 62-40, FAC), our Comprehensive Plan, Tampa Bay Estuary Program (TBEP) agreements (e.g., the Comprehensive Conservation and Management Plan (CCMP)), as well as Monitoring and Reporting requirements (Part V.B) of our NPDES stormwater permit (FLS000005). The program hereafter is expected to be under increased scrutiny by Florida Department of Environmental Protection's (FDEP) NPDES Stormwater Administrator to provide credible long- term water quality assessments of our receiving water bodies as one measure of the success of our Stormwater Management Program. Design improvements of the existing monitoring program are needed, including a geographical expansion. The new design shall provide better coverage of county receiving water bodies as well as statistically defensible results of long-term seasonal and annual water quality trends. In addition to meeting County planning and NPDES permit compliance monitoring needs, the monitoring program should also support the TBEP CCMP, FDEP's statewide watershed management approach, and the Southwest Florida Watershed Management District's (SWFWMD's) Comprehensive Watershed Management (CWM) Plan for the Tampa Bay/Anclote River watershed. The existing monitoring program covers many of the County's marine and freshwater water bodies, including those in St. Petersburg and other incorporated areas. The monitoring program does not adequately sample Tampa Bay segments (Old, Middle, and Lower Tampa Bay) that border the eastern County shoreline, nor do we anticipate including coverage of these segments in the revised design. The Environmental Protection Commission of Hillsborough County monitors water quality in these segments. Furthermore, the Tampa Bay Estuary Program has established water quality targets for Old Tampa Bay segments. Water quality monitoring efforts would be better directed to other County receiving water bodies. MONITORING PROGRAM DESIGN GmDELINES AND BACKGROUND The existing program, established in 1990, is a fixed-site location design. The locations of sampling sites were chosen using professional judgment. In some cases site locations were chosen to monitor the effects on water quality from known or suspected pollution sources. The overall objective of the program has been to assess existing water quality conditions in County basins as well as to determine long-term water quality trends in the County's lakes, streams, creeks, and marine waters. The program has served to identify relative water quality conditions countywide, which in turn, has Page 15 of 22 helped prioritize basins for planning initiatives. The existing program as designed, however, only allows valid assessments of water quality trends at individual site locations. Valid and scientifically defensible assessments of water quality trends in defined water bodies cannot be made using the existing program. Program Goals and Objectives Specific monitoring program goals and objectives will be determined as part of the project. Nevertheless, DEM staff has developed generalized monitoring program goals and objectives as a starting point for the design of a water quality monitoring program. Primary goals include: 1) the measure of meaningful temporal and geographical changes in surface water quality of defined marine and freshwater water bodies receiving runoff from County basins, 2) to provide an early warning system to detect water quality problems before problem resolution becomes more difficult and/or irreversible, 3) to provide information that can be used to redirect or refocus watershed plans and the County NPDES Stormwater Program Plan, 4) to the extent possible, and in addition to the above listed goals, provide water quality monitoring information pertinent to, and in support of: · the TBEP CCMP, · the SWFWMD CWM Plan for the Tampa Bay/Anclote River watershed, · the FDEP statewide watershed management approach, and · FDEP "Reasonable Assurance" criteria associated with the total maximum daily load (TMDL) process. The monitoring program will be designed to address a set of specific objectives. One important objective will be to estimate the areal extent, and temporal trends in areal extent, of water quality conditions in defined County receiving water bodies. Probabilistic Design During the last ten years, leading estuarine researchers and environmental managers have recognized that results obtained from fixed station sampling designs are often improperly used to make statements about water quality trends of defined water bodies. A probabilistic monitoring approach developed by EP A's Environmental Monitoring and Assessment Program has gained considerable scientific support nationwide. A probabilistic approach incorporates a random selection of sampling sites within a defined geographical area, thus minimizing or eliminating any bias in choosing sampling sites. The Tampa Bay Estuary Program has strongly recommended and implemented a probabilistic design to assess water and sediment quality trends in Tampa Bay. This has allowed environmental managers to determine, with a known level of confidence, if and when water quality restoration targets have been achieved. During the last five years, FDEP has also recognized how probabilistic sampling can be used to provide a scientifically defensible method to assess long-term water quality trends in defined water bodies of the State. FDEP's Integrated Water Resources Monitoring (IWRM) program has Page 16 of 22 incorporated the use of a probabilistic site location design to assess long-term water quality trends statewide in each of 52 defined hydrological units. We propose to revise our existing monitoring program using the same probabilistic design principles as FDEP has implemented statewide, but our program will be applied to a much smaller spatial scale of County receiving water bodies. Monitoring Program Constraints A constraint on the monitoring design will be to equal or reduce the existing level of effort in terms of the number of samples collected and analytical costs that DEM currently expends for monitoring county waters excluding those in the City of S1. Petersburg. The new design will not affect our existing fixed-site sampling program within the creeks, streams, and small lakes. DEM collects 1,140 samples at individual sites per year of which 168, or 14.7%, are in S1. Petersburg. DEM currently samples, on average, about 45-50 different open water sites per month that-include sites in marine waters (excluding much of S1. Petersburg) and in our two largest lakes, Lake Tarpon and Lake Seminole. The new design should not exceed the level of effort and cost currently expended annually by DEM to sample the 45-50 sites per month. Several other constraints are anticipated. Other possible constraints may include sampling on certain weekdays, sampling in waters accessible by boat, and consistency with DEM's FDEP Quality Assurance Field Plan. SCOPE OF WORK Task 1. Review and Analysis of Existing Water Quality Data A vailable ambient water quality data collected by DEM and a set of spatial coordinates of DEM sampling sites (e.g., Arcview shape file) will be provided to the contractor for review and analyses. The existing data will be used to help define appropriate indicator parameters and to provide information that may help define appropriate spatial and temporal reporting units to be used in the new monitoring design. Task 2. Kickoff MeetinglWorkshop The objective of this task is to meet with the program participants and review the work to be completed in this project, the expected outcomes, the project schedule, and to briefly summarize the existing DEM water quality data set. Program participants will consist of DEM staff and any other individuals as deemed appropriate by DEM staff. Other participants may include County NPDES joint co-permittee representatives from the Florida Department of Transportation (FDOT) and County municipalities. Although all program participants are encouraged to present their point of view during this meeting/workshop, all elements, issues, and questions to be considered for the monitoring program design must be approved by DEM staff. At this meeting/workshop, the Contractor will work with the program participants to identify the key questions that the monitoring program will answer. Also, any constraints that may Page 17 of 22 exist will also be identified. The other elements of the sampling design to be discussed will include the spatial and temporal definition of the reporting units, the indicator parameters to be monitored, and the meaningful levels of change in these indicator parameters. It is expected that a review and limited analysis of existing water quality data will be necessary to help identify the most appropriate indicator parameters. The contractor will work with DEM staff to determine meaningful levels of change in water quality indicator parameters. The attached figure shows the spatial extent of twelve potential reporting units that serve as a starting point from which to develop the most appropriate reporting unit boundaries. The Contractor will provide a summary of the meeting to DEM. Task 3. Define Monitoring Program Elements The objective of this task is to define the monitoring program objectives, reporting units, and indicators that will fulfill the needs of the program participants and thus direct the program design. Task 3.1. Develop and define draft monitoring program objectives. Draft objectives will be submitted to DEM. Task 3.2. Develop and define a draft definition of the: a) spatial and temporal character of the reporting units, b) indicator parameters to be monitored, and c) desired data quality objectives for the indicator parameters. Responses from the participants regarding the draft monitoring program elements will be compiled and summarized by DEM. DEM will submit a list of responses to the Contractor for development of the monitoring program design in Task 4. The Contractor will identify existing data sources for the spatial reporting units identified in this task. These data may incl~de water quality, flow (stage), and rainfall data. Task3.3. Complete and deliver a technical memorandum that defines the results from Task 3. Task 4. Monitoring Program Design Task 4.1. Develop a draft monitoring program design. The Contractor will develop a draft monitoring program design that will include the following: · statement of study goals, · statement of study objectives, · definition of study area, · definition of study period, · definition of sampling points (including maps and station coordinates in a hard copy and digital format compatible with the County Geographic Information System software), · definition of indicator parameters to be measured and/or estimated, Page 18 of 22 . definition of data quality objectives, . definition of data collection methods, . definition of data collection schedule and frequency, . definition, description, and documentation of data analysis approaches, and . definition of data reporting methods. The Contractor will provide a presentation of the draft program design to the program participants. Task 4.2. Draft Final Monitoring Program Design Following the presentation of the draft design and using the comments provided from that presentation, the Contractor will submit a draft final design report to DEM for its review. The draft final design report will also include: . ' SAS program code (digital and hard copy) to determine random geo'-referenced coordinates to serve as sampling points within each reporting unit of the monitoring design, and . SAS program code (digital and hard copy) for calculating and plotting Cumulative Distribution Frequency plots by indicator parameter or indicator index. The Contractor will also provide training (not to exceed 8 hours) to DEM staff in proper use of the above listed SAS programs. Task 4.3. Final Monitoring Program Design The Contractor will provide a final design report within 30 days of receipt of the comments. Both a hard copy and an electronic copy of the report will be submitted to DEM. Page 19 of 22 Pinellas County Ambient Water Quality Monitoring Program I I . IImROIllmfl'AL II.IIT. CIS April 1, 2002 ". ,.< . . Legend o Existing Sampling Sites r:z1 Projected Water Segments o o '" -;; EXHIBIT B MONITORING FEES BASED ON ACREAGE Acreage figures provided by Pinellas AcreaS!:e 0/0 RedesiS!:n Yearlv County Planning Dept. (March 2002) AcreaS!:e fee (To be Monitorinl! invoiced fee based on Mav 2003) 0/0 acreal!e (To be invoiced Oct 2003} 1 Pinellas County 65,380.525 53.04% $7,956.74 $117,274.36 2 Town of Belleair 968.083 0.79% $117.82 $1,736,47 3 City of Belleair Beach 229.319 0.19% $27.91 $411.33 4 City of Belleair Bluffs 223.825 0.18% $27.24 $401.48 5 City of Clearwater 13,283.597 10.77% $1,616.60 $23,827,06 6 City of Dunedin 5,622.112 4.56% $684.21 $10,084.49 7 City of Gulfport 1,362.034 1.11% $165.76 $2,443,11 8 City of Indian Rocks Beach 397.942 0.32% $48.43 $713.80 9 Town of Kenneth City 355.507 0.29% $43.26 $637,68 10 City of Largo 9,004.715 7.31% $1,095.86 $16,151.94 11 City of Madeira Beach 444.228 0.36% $54.06 $796.82 12 Town ofN. Redington Beach 128.375 0.10% $15.62 $230,27 13 City of Oldsmar 5,051.193 4.10% $614.72 $9,060.43 14 City of Pinellas Park 8,291. 770 6.73% $1,009.10 $14,873.11 15 Town of Redington Beach 155.060 0.13% $18.87 $278,13 16 Town of Redington Shores 139.070 0.11% $16.92 $249.45 17 City of Safety Harbor 2,659.784 2.16% $323.69 $4,770.91 18 City of St. Pete Beach 1,010.922 0.82% $123.03 $1,813.31 19 City of Seminole 2,495.010 2.02% $303.64 $4,475.35 20 City of South Pasadena 327.663 0.27% $39.88 $587.74 21 City of Tarpon Springs 4,970.871 4.03% $604.95 $8,916.35 22 City of Treasure Island 753.410 0.61% $91.69 $1,351.41 23 Florida DOT N/A N/A $10,000.00 $5,000.00 TOTALS 123,255,015 100~00% $25,000.00 $226,085.00 Page 20 of 22 EXHIBIT C COST ALLOCATION FOR MONITORING PROGRAM IMPLEMENTA nON, OPERATION AND MAINTENANCE 1. CAPITAL EXPENSES No capital expenses are to be incurred in fiscal year 2002-2003. After FY03, support will include a fair cost-share reimbursement of eligible capital items. Capital items eligible for reimbursement are defined as single item purchases exceeding $750 and will be used onlyfor the monitoring program. Capital items will be strictly limited to multiprobe field instruments and light meters (e.g. Hydrolabs and Licor light meters) and will not include vehicles, boats, or trailers that would be subject to use for other sampling programs. These items typically range in price from $2,000-8,000 per unit. The County's annual capital item reimbursement charged to the co-permittees will not exceed $10,000 in any given year and will be split amongst all co- permittees according to their percentage of acreage as described in Exhibit "B." 2. OPERATING SUPPLIES Operating supplies include individual items less than $750 each used exclusively to support the monitoring program. Examples include sample bottles, sample preservatives, acids for cleaning bottles and glassware, chemical standards, and discrete depth samplers (Alpha bottles). A detailed list of all supplies purchased for the monitoring program will be provided along with labor and laboratory analysis costs to all co-permittees along with each reimbursement bill. 3. ANNUAL PRICE INCREASES Some co-permittees expressed an interest in limiting annual increases of the monitoring program to:::; 5%. Based on program costs over previous years, we anticipate that annual program cost increases (staff labor, supplies, laboratory charges) will not exceed 5% between any two sequential years. We cannot guarantee that in any given year, due to circumstances beyond our control, some cost increases may exceed 5% (e.g. laboratory costs), and thus the overall program cost increase may exceed 5%. Our reimbursement process will be to simply pass-through our program costs for any given year to the co-permittees. See table on reverse page................................................................................. Page 21 of 22 EXAMPLE INVOICE COST SUMMARY Cate~orv County Cost Estimate Labor $ 54,495 Supplies $ 7,800 Laboratory Analyses $ 202,752 Total Program Costs $ 265,047 Less St. Petersburg - $ 38,962 Contribution (14.7%) $226085 Less FDOT Flat Fee - $ 5,000 Total Program Costs $ 260,047 (excluding FDOT) Less St. Petersburg - $ 38,962 Contribution (14.7%) FY03 Co-Permittee Total $ 221,085 (excludin2 FDOT) .. I, KARLEEN F De BLAKE Court and Ct~rk EX-Off~' CB'erk of,the CIICUH Commissioners. do h<<ooY :0. oard 01 County foregoIng is a true and corre:fY ilat the abov~ and ~ It appears in tho o/ficial fi/~~' ~~ tt~ Or/glnal linty C',cmmissioners of Pinel' C 0 oard of ~i!ne~ my hand a :. " ' . I ,as, Qunty, Florida. !hIS <<.Ir:- d 1 ~..ea of said County FL ------ ClyO _ -,c A . KARLE EN F. Do BLA - --;---;--_.0. 20 ~ Ex.Oflicio ,Clerk ~T tf Cje~ 01 lhq Circurt Court CommissiPl'iers, Pine". eoule. oard at, County B, ~~&K~'-'. j . ",. ~ ' ........' ";p.~g~. 22 9f'22 I, ". I 4 I I , I j t l f 1 I \ I ~