Subject:
Title
First Amendment to the Interlocal Agreement with the National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Co-Permittees for the Annual Regulatory Program and Surveillance Fee.
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Recommended Action:
Recommended Action
Approval and execution by County Administrator of the First Amendment to the Interlocal Agreement with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Co-Permittees for Annual Regulatory Program and Surveillance Fee (Annual Fee).
• Amendment is necessary for County and NPDES MS4 co-permittees to continue to implement and cost-share state-required Annual Fee.
• Agreement was executed in 2021. First Amendment extends term additional five (5) years through Fiscal Year (FY) 2031.
• Amendment updates Notices section with current contacts for each municipality (Co-Permittees).
• County and twenty-one (21) municipal co-permittees will continue to cost-share Annual Fee based on jurisdictional population cost-sharing structure outlined in Appendix B of Agreement.
• Funding for County and Florida Department of Transportation (FDOT) share included in FY 2027 Annual Budget in Surface Water Utility Fund. Funding for future years is dependent on approval in the Annual County Operating Budget.
First Amendment extends Agreement term until all invoices are paid for FY 2031; Annual Fee is $30,299.00 for a total five-year cost of $151,495.00; County will pay total Annual Fee and will be reimbursed approximately 61% by the twenty-one (21) Co-Permittees on an annual basis based on population.
Body
Strategic Priorities:
Resilient Infrastructure and Environment
1.4 Improve environmental quality.
1.5 Strengthen resilience and adaptation.
1.6 Ensure sustainable water management.
Healthy and Safe Communities
2.1 Improve public health.
2.2 Enhance community safety.
Prosperity and Opportunity
3.2 Provide and promote tourism opportunities.
3.4 Enhance educational and cultural opportunities.
Smart Service Delivery
4.2 Achieve and maintain a high level of customer satisfaction.
Summary:
The First Amendment to the Agreement is necessary for the County and NPDES MS4 Co-Permittees to continue to cost-share the state-required Annual Fee through FY 2031, or until all invoices are paid. The Amendment extends the terms and reiterates the cost-sharing structure as established in the previous Agreement.
The Annual Fee is $30,299.00 for a total five-year cost of $151,495.00; The County will pay the total Annual Fee and be reimbursed approximately 61% by the twenty-one (21) Co-Permittees on an annual basis based on population
Background/Explanation:
The County’s MS4 NPDES Permit, issued by the Florida Department of Environmental Protection, requires an interlocal agreement for all cost-sharing of the Annual Fee. The County implements the Regulatory Program and cost-shares it with the NPDES MS4 Co-Permittees. The first Agreement was executed in November of 2021 and expires September 30, 2026.
Fiscal Impact:
The County will pay the total Annual Fee ($30,299) and will be reimbursed approximately 61% by the twenty-one (21) co-permittees* on an annual basis based on population retrieved from the Bureau of Economic and Business Research (BEBR) as follows:
|
Fiscal |
Co-Permittee |
County |
FDOT |
Total |
|
Year |
Share (61%) |
Share (39%) |
Flat Fee |
Annual Fee |
|
FY2027 |
$17,296.01 |
$11,127.99 |
$1,875.00 |
$30,299.00 |
|
FY2028 |
$17,296.01 |
$11,127.99 |
$1,875.00 |
$30,299.00 |
|
FY2029 |
$17,296.01 |
$11,127.99 |
$1,875.00 |
$30,299.00 |
|
FY2030 |
$17,296.01 |
$11,127.99 |
$1,875.00 |
$30,299.00 |
|
FY2031 |
$17,296.01 |
$11,127.99 |
$1,875.00 |
$30,299.00 |
*FDOT is also a co-permittee and is contributing a flat rate of $1,875 per Chapter 62-624, F.A.C.
The total estimated expenditure and associated reimbursement is included in the Public Works operating budget Surface Water Special Assessment Fund. The Amendment is consistent with the FY 2027 Proposed Annual Budget.
Funding for this Interlocal Amendment (County and FDOT Share) is included in the FY27 budget for Public Works within the Surface Water Utility Fund. Funding for future years is dependent on approval in the annual County Operating Budget.
Delegated Authority:
Authority for the County Administrator to execute this Amendment to the Agreement is granted under Code Section 2-62(a)(2).
Staff Member Responsible:
Kelli Hammer Levy, Director, Public Works
Partners:
NPDES Co-Permittees including Cities of Belleair Beach, Belleair Bluffs, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Largo, Madeira Beach, Oldsmar, Pinellas Park, Safety Harbor, Seminole, South Pasadena, St. Pete Beach, Tarpon Springs, Treasure Island; Towns of Belleair, Kenneth City, North Redington Beach, Redington Beach, Redington Shores
Attachments:
First Amendment
Exhibits A (Invoice) and B (Population Data) for the Regulatory Program and Surveillance Fee
Interlocal Agreement with Exhibits A and B