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HomeMy WebLinkAbout2006-427 This doon;taen[ w .e 1 a �pared THIS �al b}' T95 DOCUMENT HAS BEEN RECORDED and 6boaalal Ise W:,:r t 1 ! 0 IN THE PUBLIC RECORDS OF t} A > 5CCINDIAN RIVER COUNTY FL 1 " d3 h5tn St., 4`cav i,' �ac7a� BK: 2121 PG : 1397, Pagel of 6 01/0912007 at 12:41 PM, Florida 329 'rt} JEFFREY K BARTON, CLERK OF INTERLOCAL AGREEMENT COURT for INDIAN RIVER COUNTY MAIN RELIEF CANAL POLLUTION CONTROL STRUCTURE COST-SHARING 7 N c�) 0d 7 THIS INTERLOCAL AGREEMENT for 2006 MAIN RELIEF CANAL POLLUTION CONTROL STRUCTURE COST-SHARING ("Agreement") entered into effective this 19th day of December, 2006 (" Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("County") ; and SEBASTIAN INLET DISTRICT (" District") an independent special taxing district established under a charter set forth in Special Act Chapter 2003-373 enacted by the Florida Legislature to maintain the navigability of the Sebastian Inlet. BACKGROUND RECITALS A. In 2001 , Indian River County began master stormwater planning efforts for the 53 , 000acre Indian River Farms Water Control District (" IRFWCD" ) drainage basin . The basin drains through a 300 mile canal network that discharges from three relief canals (North , South , and Main Relief Canals) to the Indian River Lagoon (" IRL") . The Main Relief Canal drains 21 , 705 acres and carries approximately 50% of the basin discharge flow and pollutant loads . These planning efforts included development of best management practices to reduce pollutant loadings from the canals to the IRL . B. One project described in the November 1996 " Indian River Lagoon Comprehensive Conservation and Management Plan" , in the Water and Sediment Quality Improvement section , is the Project as hereinafter defined . C. Indian River County will construct a large treatment system on the Main Relief Canal in Vero Beach to remove coarse solid materials from canal water flowing to the IRL. The system will treat 294 cfs draining from a 21 , 705-acre basin with 50% urban and 50% agricultural land uses . The system will treat two pollutant components, suspended sediment solids and floating and submerged vegetation debris. The treatment facility will include a chambered sediment sump system , sump pumping system , a bar screening system including 1 -inch and 1 /8-inch spaced bar screens and a continuous cleaning mechanism . The water will first pass through the chambered sediment sump system , estimated to remove 65% of influent sediment TSS . The bar screens will then collect coarse, floating and submerged plant material , with an estimated 80% efficiency . Periodic pumping of the sediment sumps will maintain sump performance . Traveling rakes will remove the plant material trapped on the fixed bar screens and deposit that material in disposal containers . All of the foregoing Main Relief Canal bar screen system stormwater retrofit facilities herein collectively referenced as the (" Project") D . The County has received a $725 , 500 Section 319 (h) grant from the United States Environmental Protection Agency through the Florida Department of Environmental Protection ; $705 , 500 of which is earmarked for construction of the 1 Project. The County anticipates receipt of a $241 , 600 Lagoon License Plate Cost- Share Grant from St. Johns River Water Management District. Together, these grants will provide $947 , 100 (" Grant Funds" ) to the County for construction of the Project. E . The District has approached the County regarding using one of the proposed regional stormwater treatment systems within the IRFWCD drainage basin to help mitigate impacts to seagrass beds that will result from re-dredging the Sebastian Inlet's navigation channel . It appears that the U . S . Army Corps of Engineers and the Florida Department of Environmental Protection are amenable to the concept of using the Project as seagrass mitigation for the District's dredging of the Sebastian Inlet' s navigation channel . . F. The Sebastian Inlet District Commission has approved a cost share contribution of $750 , 000 (" District Funds") toward the Project. When the District Funds are added to the Grant Funds, the County will have approximately $ 1 , 697 , 000 for construction of the Project. Assuming a Project construction cost of $4 million , the Project has a shortfall of nearly $2 . 3 million . When the $ 1 . 5 million 2003 Florida legislative appropriation for the North Relief Canal is allocated to the Project, , the estimated shortfall will be approximately $803 , 000, that the County can fund through sales tax funds and other sources . The participation of the District will allow the Project to be constructed . G . Florida Statutes section 163. 01 , et seq . (2006) , known as the Florida Interlocal Cooperation Act of 1969 , provides a method for governmental entities such as the County and the District to cooperate with each other on a basis of mutual advantage to provide services and facilities in a manner that will accord best with the factors influencing the needs and development of local communities; and H . The County and the District desire to cooperate in connection with the construction of the Project. as set forth in this Agreement. The District desires to provide the District Funds to obtain mitigation credit from the U . S . Army Corps of Engineers and the Florida Department of Environmental Protection for seagrass related benefits derived from the Project. NOW THEREFORE , in consideration of the mutual covenants and promises herein contained and other good and valuable consideration , and intending to be legally bound , the County and District agree as follows: 1 . Background Recitals. The background recitals are true and correct and form a material part of this Agreement. 2 . County to Construct. The County shall competitively bid , award , and supervise the construction of the Project, using the plans and technical specifications provided by the County and its engineering firm , Malcolm Pirnie , Inc. The design for the Project shall incorporate the expansion of the sediment sump funded by the District to provide enhanced sediment removal efficiency of the project. 2 3 . Permits. The County has the necessary permits for the Project. This Agreement is contingent upon the District receiving Federal and State permits necessary for the channel completion dredging . 4 . Reimbursement. Upon receipt of all necessary permits for the District's dredging of the Sebastian Inlet's navigation channel , , accepting the Project as mitigation credit, the District will reimburse the County for a portion of the Project construction costs not to exceed the District Funds . County and the District acknowledge and agree that, within fourteen ( 14) calendar days after receipt by the County of final certified as-built survey data establishing the Project construction is complete , the County shall prepare and send an invoice to the District; and , thereafter, and within the time limits of the Local Government Prompt Payment Act, Florida Statutes section 218 . 70 et. seq . (2006) the District shall pay the invoice amount to the County. 5 . Monitoring. The County will undertake all required physical and biological monitoring required as permit conditions of the Project. The District will undertake any required monitoring by the agencies necessary to document the seagrass benefits in the Indian River Lagoon . 6. Notices. Any notice , request, demand , consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served , as elected by the party giving such notice, by any of the following methods : ( 1 ) Hand delivery to the other party ; or (2) Delivery by commercial overnight courier service ; or (3) Mailed by registered or certified mail (postage prepaid ) , return receipt requested at the addresses of the parties shown below: Indian River County : Indian River County Public Works Department Attn : Keith McCully, P . E . , Esq . 1840 25th Street Vero Beach , Florida 32960 Fax: (772) 778-9391 Sebastian Inlet District. Attn : Martin Smithson , Administrator 114 Sixth Avenue Indialantic, Florida 32903 Fax: (321 ) 951 -8182 Notices shall be effective when received at the address as specified above . Facsimile transmission is acceptable notice effective when received , provided , however, that facsimile transmissions received (i . e . , printed) after 5 : 00 p . m . or on weekends or holidays , will be deemed received on the next day that is not a weekend day or a holiday . The original of the notice must additionally be mailed . Either party 3 may change its address, for the purposes of this section , by written notice to the other party given in accordance with the provisions of this section . 8 . Governing Law: Venue. The validity, interpretation , construction , and effect of this Agreement shall be in accordance with and governed by the laws of the State of Florida , only . The location for settlement of any and all claims, controversies , or disputes , arising out of or relating to any part of this Agreement, or any breach hereof, as well as any litigation between the parties , shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justiciable in federal court. 9 . Merger modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained herein . Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by all parties . A party requesting an amendment to this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 10 . Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall , to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11 . Captions: Construction. Captions in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number, and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise . 12 . Availability of Funds. The District acknowledges and agrees that the obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County and to receipt of the Grant Funds . . The County acknowledges and agrees that the obligations of the District under this Agreement are subject to the receipt of State and Federal permits for the dredging of the Sebastian Inlet channel completion project. The District further acknowledges and agrees that this Agreement is terminable by the County in the event that the County is notified by any agency that 4 said agency will not provide funding to the County under their respective Agreement. In such event, the County shall provide written notice to the District stating that this Agreement is terminated , and thereupon this Agreement shall be deemed terminated with no further obligation of the parties to each other hereunder. 13 . Sovereign Immunity. Each party to this Agreement is responsible for all injury and property damage attributable to the negligent acts or omissions of that party and the officers , employees and agents thereof. In addition , each party is subject to the provisions of Florida Statutes section 768. 28 (2006) . 14 . No Waiver. The failure of either party at any time to require performance by the other party of any provision hereof shall in no way affect the right of either party thereafter to enforce the same . No waiver by either party of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 15 . Counterparts. This Agreement may be executed in any number of counterparts , each of which shall be deemed an original and all of which shall constitute but one and the same document. 16 . Term. Subject to early termination as set forth in this Agreement, this Agreement shall commence on the Effective Date and shall remain in effect for a period of three (3) years from the Effective Date of the Agreement, unless extended upon mutual agreement of the parties. 17 . Recordation. This Agreement shall become effective upon execution by both parties and fling with the Clerk of the Circuit Court for Indian River County and the Clerk of the Circuit Court for Brevard County. 5 IN WITNESS WHEREOF , the District has approved this Agreement at a duly noticed meeting held on December 13 , 2006 and the County has approved this Agreement at a duly noticed meeting held on December 19 , 2006 . Sebastian nletjaxpistrict Attest: y B : B Title : C14AtkMAn! INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Attest: J . K. Barton , Clerk By GtJ tid I '\ ✓wx By: C �� (Seal ) Deputy Clerk Gary C eeler,_Chairman Date BCC approved : / a -/9 - o G c PROVED APPROVED AS TO FORM AND LEGA UFF CIE seph . Baird , ounty Administrator I pian . Fell , Assistant County Attorney 6