Item Coversheet

TOWN OF DAVIE
TOWN COUNCIL AGENDA REPORT

Item Number: 4.

To:Mayor and Councilmembers
From:Jonathan Vogt, P.E., Town Engineer
Prepared By:Abidemi Ajayi, P.E., Assistant Town Engineer - Engineering
Subject:Resolution 
Affected District:Town Wide
Item Request:Schedule for Council Meeting
Title of Agenda Item:INTERLOCAL AGREEMENT - A RESOLUTION OF THE TOWN OF DAVIE, FLORIDA APPROVING THE INTERLOCAL AGREEMENT AMONG BROWARD COUNTY AND THE MUNICIPALITIES OF COCONUT CREEK, COOPER CITY, CORAL SPRINGS, DANIA BEACH, DAVIE, DEERFIELD BEACH, HALLANDALE BEACH, LAUDERDALE-BY-THE-SEA, LAUDERDALE LAKES, LAUDERHILL, LIGHTHOUSE POINT, MARGATE, MIRAMAR, NORTH LAUDERDALE, OAKLAND PARK, PARKLAND, PEMBROKE PARK, PEMBROKE PINES, PLANTATION, POMPANO BEACH, SOUTHWEST RANCHES, SUNRISE, TAMARAC, WESTON, WEST PARK, AND WILTON MANORS FOR SHARING RESOURCE BURDENS OF THE SYSTEM-WIDE NPDES MS4 PERMIT AND AUTHORIZING BROWARD COUNTY TO CONDUCT TECHNICAL ACTIVITIES REQUIRED BY THE NPDES MS4 PERMIT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE.
Executive Summary: 

The proposed Agreement is being entered into pursuant to Section 163.01, Florida Statutes also know as the “Florida Interlocal Cooperation Act of 1969”.   The United States Environmental Protection Agency (EPA), under the Federal Water Pollution Control Act (“Clean Water Act”) requires the municipalities in the agreement to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program.  Section 403.0885 of the Florida Statutes empowers the State to establish a state NPDES program in accordance with Section 402 of the Clean Water Act.  The EPA delegated the NPDES permitting program to the Florida Department of Environmental Protection (FDEP).  FDEP implements the program through the rules adopted in Chapter 62-624, Florida Administrative Code (F.A.C.).   Broward County through its Public Works and Environmental Services Department coordinates and conducts specific technical activities required by the NPDES MS4 permittees.  The parties executed interlocal agreements on December 3, 1996, October 20, 1998, June 29, 2004, and May 7, 2013, all of which have expired, to carry out tasks required by the NPDES MS4 permit.  The parties executed an interlocal agreement on November 7, 2017 after FDEP issued NPDES MS4 Permit Number FLS000016-00 for the fourth five-year period.  The Municipalities wish to continue the County’s services of coordinating the co-permitees, pursuant to the NPDES MS4 regulations, managing and performing technical tasks necessary to comply with the NPDES MS4 Permit.  If the parties wish to amend the Agreement in the future, the amendments will be authorized and executed by the Town Administrator or designee. 

Key Points:
  • The proposed Agreement is being entered into pursuant to Section 163.01, Florida Statutes also know as the “Florida Interlocal Cooperation Act of 1969”. 
  •  The United States Environmental Protection Agency (EPA), under the Federal Water Pollution Control Act (“Clean Water Act”) requires the municipalities in the agreement to comply with the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Program. 
  • Section 403.0885 of the Florida Statutes empowers the State to establish a state NPDES program in accordance with Section 402 of the Clean Water Act. 
  • The EPA delegated the NPDES permitting program to the Florida Department of Environmental Protection (FDEP).  FDEP implements the program through the rules adopted in Chapter 62-624, Florida Administrative Code (F.A.C.).   
  • Broward County through its Public Works and Environmental Services Department coordinates and conducts specific technical activities required by the NPDES MS4 permittees. 
  • The parties executed interlocal agreements on December 3, 1996, October 20, 1998, June 29, 2004, and May 7, 2013, all of which have expired, to carry out tasks required by the NPDES MS4 permit.
  • The parties executed an interlocal agreement on November 7, 2017 after FDEP issued NPDES MS4 Permit Number FLS000016-00 for the fourth five-year period.
  • The Municipalities wish to continue the County’s services of coordinating the co-permitees, pursuant to the NPDES MS4 regulations, managing and performing technical tasks necessary to comply with the NPDES MS4 Permit.
  • If the parties wish to amend the Agreement in the future, the amendments will be authorized and executed by the Town Administrator or designee. 
Previous Actions:
Concurrences:
Fiscal Impact:
Has request been budgeted?Yes
If yes expected cost:FY2027 - $29,548
Account name and number:TBD
If no, amount needed:
Account name funds will be appropriated from
Additional CommentsOct 1, 2026 – Sept 30, 2027, cost is based on a fee of $800 per municipality plus $0.272 per capita, based on 2020 Census. Oct 1, 2027 – Sept 30, 2028, cost, and cost each year thereafter, is based on a 2.5% increase from the previous year.
Recommendation:Motion to approve
Strategic Goals This Item Supports:
 Respecting and promoting Diverse and Sustainable Community and Neighborhood Value with consideration of our historic roots, Commitment to Customer Satisfaction, Dedication to Excellence in Service Delivery, Creating an Environment that is Conducive to Innovation, Creativity, and Collaboration, Nurturing the health, safety, and welfare of the community


ATTACHMENTS:
File NameDescription
Reso_-_Broward_County_ILA_-_NPDES_-_Rev.docxRESOLUTION
FINAL_NPDES_ILA_-_4-30-2026.pdfINTERLOCAL AGREEMENT