HomeMy WebLinkAbout2012-056 03 / zA0 / ► a
, s . g . a .
MEMORANDUM OF UNDERSTANDING ao ► a
BETWEEN
THE CITY OF VERO BEACH , FLORIDA
AND
INDIAN RIVER COUNTY, FLORIDA,
This Memorandum of Understanding (hereinafter "MOU ") is hereby made and entered
into by and between the City of Vero Beach, Florida, a Florida municipal corporation, whose
mailing address is P . O . Box 1389 , Vero Beach, FL 329614389 (hereinafter "City") and the
Board of County Commissioners of Indian River County , Florida, a political subdivision of the
State of Florida, whose hailing address is 1801 27t11 Street, Vero Beach, FL 32960 (hereinafter
"County") ,
WITNESSETH
WHEREAS , between 1960 and 1977 , the County operated a facility commonly known
as the Gifford Road Landfill (herein after " Landfill ") located on the south side of 41st Street,
west of 43rd Avenue, encompassing approximately 115 acres , of which approximately 60 acres
lies within the City on land specifically held as Airport land for the Vero Beach Municipal
Airport (hereinafter "Airport") ; and
WHEREAS , on or about September 18 , 1974 , during a public hearing, this Landfill was
found to be "not in compliance " with State regulations and on December 11 , 1974, the County
filed a permit application with the Florida Department of Pollution Control to operate the
Landfill as a Solid Waste Resource Recovery and Management Facility ; and
WHEREAS , on February 10 , 1976 a Temporary Operating Permit was issued pursuant
to the application with an expiration date of July 1 , 1977, allowing the continued operation until
the Landfill could be either improved to meet minimum standards or closed down; and
WHEREAS , the Florida Department of Environmental Regulation, by letter dated
February 10 , 1976 , recognized the proximity of the Landfill to the Airport being in conflict with
Chapter 17 - 7 , Florida Administrative Code , and in keeping with FAA comments submitted by
letter dated March 3 , 1975 , the Permit was issued as a Temporary Operating Permit to facilitate
the closure of this Landfill , and further attached several conditions which began the ongoing and
expanding requirements for testing and monitoring groundwater flows found to contain certain
contaminants ; and
WHEREAS , during 1978 said Landfill was closed , capped with soil , and various
monitoring wells installed ; and
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WHEREAS, recently the Florida Department of Environmental Protection (FDEP) has
directed the County, through its environmental engineering consultants , Geosyntec , to further
expand the monitoring well program by the installation of three new monitoring wells as
depicted on the aerial attached hereto as Attachment "A", with the intent to define direction and
extent of movement of the plume of contamination ; and
WHEREAS , the southern 60 acres of the Landfill lying within the Airport boundary,
together with all of the locations of existing monitoring wells identified on Attachment "A" and
"B " are in undeveloped woodlands northwest of the airfield, and there are currently no plans to
initiate any development of the affected areas ; and
WHEREAS , the County, City, and FAA have had knowledge of the existence of the
Landfill since before 1975 ; and
WHEREAS , the installation of additional monitoring wells west of 43rd Avenue will
have very little effect upon the continued operation or development of the Airport for the
foreseeable future ; and
WHEREAS , that allowing the County and/or their authorized environmental consultants
access to the Airport for continued monitoring required by the State of Florida is in the
best
interest of the public ,
NOW THEREFORE , in consideration of the mutual covenants contained herein and
other good and valuable consideration , the parties agree as follows :
Section 1 . Recitations .
The above recitals are true and correct and are incorporated by reference herein .
Section 2 . Purpose and Scone.
The purpose of this MOU is to allow the County and/or its authorized environmental consultants ,
pursuant to FDEP requirements , to continue to test , monitor, and report findings directly related
to longstanding and continuing groundwater contamination emanating from the closed County
Landfill lying on and adjacent to the Airport . The testing , monitoring, and reporting of findings
per this MOU shall be conducted on that certain real property as more particularly described in
Attachment "A " and Attachment "B " attached hereto and incorporated herein (cumulatively
" Well Monitoring Premises") ,
Section 3 . City Responsibilities.
The City agrees to :
1 . Allow County environmental staff and environmental consultants access to
periodically test existing monitoring wells identified on Attachment "A" and
Attachment "B , " as such attachments may be amended from time to time pursuant
to Section 5 , below .
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2 . Allow County ' s environmental consultant and its authorized sub-contractors
access to bring in equipment necessary to enable installation, maintenance, on-
going monitoring, and/or plugging and abandonment of existing monitoring wells
as directed by the Florida Department of Environmental Protection .
3 . Be the primary contact between County and the FAA regarding this ongoing
testing and monitoring program .
4 . Cooperate with County in connection with any permits , applications , and other
requests , as necessary or required in connection with the County ' s testing and
monitoring program on the Well Monitoring Premises .
Section 4. County Responsibilities .
The County agrees to :
L Install , secure , and maintain all groundwater monitoring wells and related well
monitoring equipment, and the maintenance of the grounds surrounding the wells
and well monitoring equipment, in compliance with all pertinent laws , rules ,
ordinances and regulations , and with the requirements of the City of Vero Beach
Code, the Florida Department of Environmental Protection, the Monitoring Well
Design and Construction Guidance Manual , and any other prudent engineering
practices in the best interest of the public , the City , and the Airport. Violation of
any law , rule , ordinance or regulation by County may result in immediate
termination of this MOU .
2 . Provide to the City and Airport two (2 ) copies of all monitoring data and reports
assembled and published by the County and/or their environmental consultants to
FDEP pursuant to the ongoing plan .
3 . Provide horizontal GPS coordinates and details of types of well casings, depth of
wells , and other pertinent site specific details of all monitoring well installations
on the Well Monitoring Premises .
4 . Remove , relocate , or adjust any affected monitoring well when or if the location
is needed for Airport use or Airport commercial/industrial development upon 180 -
day written notice from the City .
5 . Provide the City/Airport Director written notice of any new requests to install
additional monitoring wells or other related monitoring equipment.
6 . Ensure that this agreement and any activities in furtherance of the contamination
monitoring or Landfill cleanup activities be subject to approval of the City with
concurrence of the FAA .
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T Preserve and ensure the City/Airport Director' s right to enter and inspect the Well
Monitoring Premises at all reasonable hours to insure the Well Monitoring
Premises are being property maintained and kept in good condition .
Section 5 . Terms of MOU.
This MOU may only be modified in writing by mutual agreement of both parties and
concurrence from FAA . Subject to all of the terms of this MOU , upon agreement of the County
Administrator and City Manager, and concurrence from FAA, Attachment "B" may be revised to
add or delete well installations without further action of the Board of County Commissioners or
Vero Beach City Council .
Section 6. Hold Harmless.
'To the extent allowed by law, the County agrees to hold harmless and indemnify City from any
liability which may arise from the County ' s occupancy or use of the Well Monitoring Premises
and access thereto .
Section 7. Insurance.
1 . Property Insurance . During the term of this MOU , at County ' s sole cost and expense,
County shall place the Well Monitoring Premises, all wells and related well monitoring
equipment on its lists of lands and property covered under its policies of self insurance and
excess insurance and shall furnish City a certificate of said coverage.
2 . Commercial General Liability Insurance During the term of this MOU , County ' s
Environmental Consultant shall procure, maintain and pay for commercial general liability
insurance providing all risks coverage which protects County, County ' s elected officials ,
employees , officers , and agents , and City, City ' s elected officials , employees , officers , and
agents, from any and all claims and liabilities for bodily injury and property damage arising from
operations , premises , fire, and other related issues . Such insurance coverage shall have a
combined single limit of not less than $ 1 , 000 , 000 . 00 . A copy of the additional insured
endorsement must be attached and contain language no less restrictive than ISO Form CG 20 10
07 04 or ISO Form CG20 33 07 04 . County ' s Environmental Consultant ' s insurance shall be
primary and any other insurance that may be maintained by the City shall be in excess of and
shall not contribute with County ' s insurance .
3 . Damage by Fire or Other Causes . In the event that any improvements on the Well
Monitoring Premises are destroyed or so damaged by fire or other casualty as to be unfit
for
occupancy or use , County shall have the option to rebuild or repair the damaged improvements ,
including but not limited to all wells and related well monitoring equipment , or County may
choose to terminate this MOU and the MOU shall thereby be ended . City shall not be liable to
rebuild , replace or repair said premises for the benefit of County .
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Section 8 . Attorney ' s Fees and Costs .
In the event there arises any dispute or litigation over the terns and conditions of this MOU or
County ' s occupancy or use of the Well Monitoring Premises, each party shall be responsible for
its own attorney ' s fees , costs and suit money expended to resolved that dispute .
Section 9. Termination of MOU
This MOU may only be terminated by either party by providing 180 - days written notice to the
other party at the appropriate address below :
If to the City : City of Vero Beach
1053 20th Place
Post Office Box 1389
Vero Beach, Florida 32961 . 1389
Attention : City Manager
cc : Airport Director
If to the County : Indian River County
Solid Waste Disposal District
132574 1h Avenue Southwest
Vero Beach, Florida 32968
Attention : County Administrator
cc : Managing Director, Solid Waste Disposal District
Section 10. Effective Date.
This MOU shall be effective upon the date last entered below. Except as terminated pursuant to
Section 6 , above, this MOU shall have no express termination date, the intention of the parties
being that the purpose of the MOU shall be achieved over an extended period of time .
( The remainder of this page is left blank intentionally.)
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INDIAN RIVER COUNTY, FLORIDA
ATTEST , BOARD OF COUNTY COMMISSIONERS
J . K .
CLERK CIRCUIT CCUR i
, Gar Wheeler
Deputy Clerk =oJ • o*F Ch an
of
.,
* ; Date: March 20 , 2012
(SEAL) °q2 • c��s
9R COUt : #0�
NYNNN •M 11 �
Approved as to form and legal sufficiency : Approved .
Alan S . Polackwich, Sr. seph A . aird
County Attorney unty Administrator
Approved as to technical requirements :
Himanshu H . Mehta,
Managing Director of the Solid Waste Disposal District
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CITY OF VERO BEACH, FLORIDA
ATTEST , yER6�B H CITY COUNCIL
By: Gam'✓ -"
Tammy K. oc Tar E . Turner
City Clerk Mayor
Date : _ 3 ' a k 161
[ SEAL]
Approved as to forin and legal sufficiency : Approved as conforming to municipal
PitveZsZR.
Wayhe R. omnonnor
Acting City Attorney ity
anager
Approved as to technical requirements :
Ericson W. Menger
Airport Director
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Well Construetion Details and Coordinates for the Southen Portion ofthe Monitoring Well Netc>, ork
Scxlth Giffi,id Road T .andtiII - Indian RivcrCmnri. . Florida
Installatirat
Screened Screen Latitude Longitude Latitude Longitude Casing Ground
Well ID � Northing Eastin
Date Interval Length (duimal (decimal (degrees, (degrees, ( NAD g :2447
eraHon Elevation
(ft, 13I,S) (ft) degmcav) degrees) minutes, millute's, (NAD
1983) 1983 ) ,
IN (ft, nC.VD
seconds) seconds) 1988) 1988)
(iR MW.3A A r 95 2 to 12 10 27.(1(12 -80 . 4.34 27`' 39' 44 . 85 " 80" 2(i ' 1 S5"
` 12104115 839453 . 3 .
CTR-MW03B A -95 30 to 35 5 27.662 - 80 . 434 27" 39' 44 , 8Z " 80 26' 1 .67" 12104U8.0 83)442.
5 24.43 21 9
22 CO)
GR-MtNO3C A -95 (i2 to 72 10 27 .6(i2 80 .431 27" 39' 14 . 79 " 80 26' 1 .80" 1210105 .2 839430.9
24 . 3
t}I2 MWU3ll Ckt -02 15 l0 55 IU 27 .(1(12 -80 .431 27" 3 )' 4a .G0 ' 80 =' 2(i' 1 _(i9" 1
. 22 .0
` 1210386 .3 839441 . 1 22.96
CR-MW04A Apr-95 5 to 15 10 27 .(1(11 -80 .43(1 2T' 39' 38 . 0(1 " 80' 2(i 10 .31 " 2
0 .2
CUR-MW0413 1209723 . 5 838669.() 26. 68 24 .2
A -95 3U 1035 5 27.661 80 .436 27" 39' 38 , 19 " 8. 2Ci 10 .33 " 1209735 .0 838666.6 27.02
2-15
GR-M[k04C A r- 95 59 to 64 5 27. (1(11 -80 43(1 P27'
3 )' 38 . 30 " 80 2Ci 103(1 "
` 1209746.4 838(163 . 7 26 .69
(3R MV�'U4ll Oct -02 45 l0 55 lU 27.(1(11 -80, 43(1 39' 37 . 92 " SW 2(i 10 .3.3 " 1209707 . 7
838666. 7E24 , 57
35 24 .2
GR-MW0<T3 Se -X, 20 t0 3U 10 27.661 -80 . 431 3)' 41 . 12 " 8." 25, 52 .04" 1210.4.. 5 840313 .484 22
.4
Cat-M14'U6C Sc , 46 (i(i to 71 5 27. (1(11 - 80 . 431 27° 3 )' 41 .01 " 901:125. 52.00 " 12100302 840313 .
7 21 . 5
GR-MW06T) Sr -9C, SU to 6. 10 / • . j1 2L5
27.661 80 . 431 27" 39 40 . 88 " 80" 25 , 5L99 " 1210014. 7 840314494
CUR-MW0713 Se >-95 2U to 3U lU 27.664 80 .431 27 39' 4) . 76 " 8U" 25, 52 .55 " 1210910.6 840260. 1 214
GR-MW07C Sc -)5 (i8 to 73 5 27 .(1 (14 - 80 . 431 2T 39' 49 . 74 " RO° 25, 52 .13 " 1210908. 7 810271
.3 24.49 -
(�R MWU7ll Clct-02 4J l0 55 1. 27_(1(14 80 . 431 27 ' 3 )' 49 .(19 " RO° 25. 52 .45 - c 22
.5
` 12109()3 . 5 84U269. 1 25 . 10
UR-MW 1213 Aures 97 24. 5 to 29 . 5 5 27.664 -80 .430 27" 39' 49 . 86 " 8U" 25 , 48 .38 " 1210933 . 1
840650.3 2(1. 52 22 .3
GR-M[>; 12C Oct- 02 (i0 to 70 10 27 .664 -80 . 430 27-i& 49. $(i " R0`' 25, 48 . 38" 1210 )22. (1 810(135
. 5 t 24 . 5
OR-mw 12ll Oct- 02 40 to 50 10 27 .66=3 - 80 .430 27 39' 49 . 86 " 80" 25 , 48 ,37" 1210922. 8 840635
. 6 2 3 89 22.4
C; R-MW I ST3 Opt-02 25 to 35 lU 27 .(1(13 -80 .430 27= 39' 45 .27 ' R0`' 25. 48 .61 " 1210459 .2 94061
( . 7 1 22.4
Gilt-M1�' 15C Clct- U2 55 to 65 10 27.663 - 80 .430 27 39' 45 .27 " 80" 254 48 .61 " 1210459 .4 840616
. 5 21 .85 21 . 8
GR-MW 15T) Oct-02 40 to 50 lU 27. (1(13 80 .4.30 27° 39' 45 .21 " 80`-' 25- 48(13 " 1210452 . 9 8400149
21 . 7 ) 21 . 8
GR- MWl (iA <)�t-02 5 to 15 10 27.664 80 .434 27 39' SU .4> " 9(Y' 26' 1 . )3 " 21
, 9
r ` 121097(1 . 5 83941 Fi . 3 24.48
CUR-MW IC,l3 Ckt-02 25035 lU 27.(1(1 1 80 .4.3a 2T' 39' 50 .4(1 " 80':' 2(i' 1 . 99" , • 21
-6
GR-MW I (iC Opt-02 (i0 to 70 10 27.664 -80 .434 27" 39' 50,46 " 80" 26' 1, 99' 12109777 8394113
214 2432 21 .8
GR-MW 16ll LILt-U2 40 l0 5. 10 27.(1(14 80 .434 27`' 39' 50 .45 " 80'=' 2(i' 1 . 92 ' , , 21
8
CR-MW17A Oct-02 5 to 15 121 .976 .4 831177 6 24 .32 21 .6
10 27.660 -80 .434 27" 39' 37 . 75' 80 26' 2 . 76 ' 1209(194. 0 839348 .0 25 .01
9 25 ,04
CTR-MW 1713 Cka -U2 30 to 40 10 27. (1(10 -80 .434 27`' 39' 37 . 75 " 80`' 2(i' 2_(14 " r 22
. 2
GR-MW 17C Oct-02 6U t0 7U 10 27.660 -80 .431 27" 39' 37 .75 " 80" 26' 2.64 ' 1209693 , 5 839358 .9
25 . 05 22 .2
GR-MW17D Oct -02 45 l0 55 10 27.(1(10 -80 .4.34 27`' .39' .37 . 75 " 80`'
Approximate NE Comer o2(i' 2.7(1' 120)693 .7 83'9348 . 1 24. 98 22 .2
f
FormerL,tndfill 7.668 -80 .433 27" 40' 42 1 80 25' 58 .34 " 1212368 . 1 839733 .2
Approximate NW Corner - --
of Former L:mdriill _ - 27.(1(18 -80 .4.39 271:p 40' 4.40" R0° 26' 18 . 8.3 " 1212378 . 9 837990.4
Approvinate SF Corner of - -'
ForrnerL.andfill 11 27_(1(11 -80 . 434 27 .39" 37 . 82 " 80'=' 26' 2. 23" 1209701 . 5 839395 . 2
Approximate SW Comer - --
ofFornierLandtill 27.661 -80 .440 27 39' 38 . 08 " 80 26 24 .67 " 120971811 837377 . 8
1 . It BLS indicates teat, below land suriai�e.
2. N( M ) indicates National Qcixictic Vertical Datum.
x NAD indicates Kurth Atnerir.an Lkatunt.
4. - indicates that mibnnatiun not available or nut apPliaiblu.
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