HomeMy WebLinkAbout2003-246 JI , S , 1
Indian River Soil and Water Conservation District
102820 1h Place, Suite A — Vero Beach, Florida 32960 -5360
Phones : (772) 770-5005 or 770-5134
Fay : (772) 563 -4926
jkarl@ircgov. com
mhallAirc ov. com
MEMORANDUM
FROM : James Karl
Mardy Hall
TO : Pat Ridgely, Clerk to Board of County Commissioners
CC * Tom Frame, General Services, Director
DATE : October 6, 2003
RE : St. Johns River Water Management District Contract No. SG469AA
Following is an original copy of the cost- share document with the St. Johns
River Water Management District, Contract No . SG469AA and Indian River
County to be filed with the Clerk of Court. This contract was approved
September 16 , 2003 , by the County Commissioners , as stated on Page 10 of
the agreement.
The original is attached for your files and two copies have been distributed .
One copy is being distributed to Tom Frame for his files and the other will
be on file in the Indian River Soil & Water office .
Should you have any questions , please feel free to call 772 -770 - 5005 .
Thank you.
fly
Mil jo myer
IN MW§ ater Management District
Kirby B. Green III , Executive Director • John R. Wehle, Assistant Executive Director
Post Office Box 1429 • Palatka, FL 32178- 1429 • (386) 329-4500
LETTER OF TRANSMITTAL
TO : James Karl — Indian River County DATE : September 30, 2003
c/o Indian River County Soil &
Water Conservation District
1028 20`h Place , Suite A CERTIFIED NO. :
Vero Beach , FL 32960 CONTRACT NO . : SG469AA
We are sending you the following attachments for action as defined below :
( ❑ ) Specifications ( ❑) Amendment
(❑ ) Documents (❑ ) Change Order
(® ) Agreement (❑ ) Work Order
(❑ ) Correspondence (❑ ) Other
COPIES DESCRIPTION ACTION
1 Original Executed Agreement 1
ACTION CODE :
1 . For your files 5 . Insurance needed
2 . For execution & return 6 . W-9 form for execution & return
3 . At your request 7 . Performance/payment bond needed
4 . For review & comment 8 . See remarks
REMARKS :
FROM : 3UDU kt: a_Y
Madeline Northcutt, Contracts Administrator
COPY TO : W. Mozo
GOVERNING BOARD
Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE CHAIRMAN R. Clay Albright, SECRETARY David G. Graham, TREASURER
JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE
W. Michael Branch John Sowinski William Kerr Ann T. Moore Catherine A. Walker
FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS
Contract #SG469AA
COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER CITRUS BEST MANAGEMENT PRACTICES
THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ( "DISTRICT"), whose address is 4049
Reid Street, Palatka, Florida 32177 , and INDIAN RIVER COUNTY ("COUNTY") , whose address is
1840 25th Street, Vero Beach, Florida 32960.
WITNESSETH THAT ,
WHEREAS , DISTRICT is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373 , Fla. Stat. , whose geographical boundaries
encompass the Indian River Lagoon ; and
WHEREAS , DISTRICT has determined that its needs will be best served by entering into a
COST SHARE AGREEMENT for services that can be provided by COUNTY .
NOW THEREFORE, in consideration of the payments here specified and which District agrees to
make, COUNTY agrees to furnish and deliver all materials , to do and perform all work and labor required
to be furnished and delivered, done and performed for Indian River Citrus Best Management Practices,
Contract #SG469AA. COUNTY agrees to complete the Work in conformity with the Contract
Documents and all attachments as defined herein and on file at the St. Johns River Water Management
District. The Contract Documents consist of the following items , including all modifications thereof
incorporated in the Documents before their execution : AGREEMENT ; EXHIBIT "A" — Statement of
Work; EXHIBIT "B " — Comptroller Contract Payment Requirements Department of Banking and
Finance, Bureau of Auditing Manual ( 10/07/97) ; EXHIBIT "C" — U. S . Environmental Protection
Agency ' s (EPA) Special Conditions ; and EXHIBIT "D" — U. S . Environmental Protection Agency ' s
(EPA) Supplemental General Conditions ; and all attachments hereto. All attachments and Contract
documents are part of this AGREEMENT as fully and with the same effect as if they had been set forth at
length in the body of this AGREEMENT.
ARTICLE I - STATEMENT OF WORK
All Work will be performed in accordance with EXHIBIT "A" , STATEMENT OF WORK,
entitled, "Indian River Citrus Best Management Practices ," attached hereto and by reference made a part
of this AGREEMENT .
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
A. The effective date of this AGREEMENT shall be this Z 1 day of SC PfIM # t4;C� 2003 .
B . COUNTY will be required to commence work under the Contract within fifteen ( 15) calendar
days after the effective date of the AGREEMENT, to prosecute the Work diligently, and to
complete the entire Work for use within eighteen ( 18 ) months , unless the date is extended by
mutual agreement of the parties hereto. Time is of the essence.
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Contract #SG469AA
ARTICLE III - TERM
This AGREEMENT shall expire at 12 : 00 midnight on the sixtieth day after the completion of the
Work in accordance with the date established under ARTICLE II above .
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the AGREEMENT is responsible for all personal 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 Section 768 . 28 , Fla. Stat. ( 1997) .
B . If COUNTY fails to comply with any of the terms , conditions , provisions , or stipulations of this
Contract, DISTRICT may avail itself of any or all remedies provided in the Contract and shall
have the right and power to proceed in accordance with its provisions .
C . Each party shall also acquire and maintain throughout the term of this AGREEMENT such
general liability, automobile insurance, and workers ' compensation insurance as required by their
current rules and regulations .
D . COUNTY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights .
ARTICLE V - RESPONSIBILITIES OF COUNTY
A. COUNTY ' s Project Manager shall be James Karl , Conservation District Coordinator, or his
designee .
B . COUNTY shall follow the verbal and written direction of DISTRICT ' s representative assigned to
the work. All work authorized may be stopped by DISTRICT ' s representative at any point,
which shall not result in loss of payment to COUNTY for services performed up to the time the
Work has ceased in accordance with this Contract. If COUNTY fails to perform under terms of
this Contract, DISTRICT may elect to have COUNTY cease work until corrections are made at
no additional cost to DISTRICT and with no allowance for extension of time or to terminate if
COUNTY fails or refuses to comply with the terms of this AGREEMENT .
C. Independent Contractor. COUNTY is an independent contractor. Neither COUNTY nor
COUNTY's employees are employees of the DISTRICT. COUNTY shall have the right to
control and direct the means and methods by which the Work is accomplished . COUNTY may
perform services for others , which solely utilize COUNTY's facilities and do not violate any
confidentiality requirements of this AGREEMENT. COUNTY is solely responsible for
compliance with all labor and tax laws pertaining to COUNTY, its officers , agents ,
and
employees , and shall indemnify and hold DISTRICT harmless from any failure to comply with
such laws . COUNTY's duties with respect to COUNTY, its officers, agents , and employees , shall
include, but not be limited to : ( 1 ) providing workers' compensation coverage for employees as
required by law ; (2) hiring of any employees , assistants , or subcontractors necessary for
performance of the Work; (3 ) providing any and all employment benefits , including, but not
limited to, annual leave , sick leave, paid holidays , health insurance, retirement benefits , and
disability insurance ; (4) payment of all federal, state and local taxes income or employment taxes ,
and, if COUNTY is not a corporation, self-employment (Social Security) taxes ; (5 ) compliance
with the Fair Labor Standards Act, 29 U. S . C . § § 201 , et seq. , including payment of overtime in
accordance with the requirements of said Act ; (6) providing employee training for all functions
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Contract #SG469AA
necessary for performance of the Work; (7) providing equipment and materials necessary to the
performance of the Work; and ( 8 ) providing office or other facilities for the performance of the
Work. In the event DISTRICT provides training, equipment, materials , or facilities to meet
specific DISTRICT needs or otherwise facilitate performance of the Work, this shall not affect
any of COUNTY's duties hereunder or alter COUNTY's status as an independent contractor.
D . DISTRICT funding shall be supplied to COUNTY as reimbursement for completed Best
Management Practices (BMP) projects up to the contract amount of $40,000. All costs above that
amount necessary to complete unfinished BMP projects shall be the responsibility of COUNTY.
E. COUNTY agrees to comply with EPA' s Supplemental Conditions , attached hereto and by
reference made a part hereof.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
A. The Executive Director designates Wayne Mozo as Project Manager for purposes of directing
COUNTY and maintaining coordination and review of the work. The Project Manager shall have
sole and complete responsibility to transmit instructions, receive information, approve invoices ,
interpret and communicate DISTRICT policies and decisions with respect to all matters pertinent
to COUNTY ' s services . The Project Manager and, as appropriate, other DISTRICT employees
shall meet with COUNTY as necessary to provide decisions for the duration of the Work, as well
as to review and comment on interim reports . No actions outside the Statement of Work shall be
initiated by COUNTY without prior written authorization of the project manager ; however
emergency situations requiring action within less than twenty-four (24) hours may be granted
verbally by the Project Manager and followed up in writing within seventy-two (72) hours .
B . DISTRICT shall be available to COUNTY to respond to questions regarding the project.
C . As is further specified in this AGREEMENT , DISTRICT shall provide timely reviews of any and
all invoices and deliverables related to this AGREEMENT submitted by COUNTY.
D . Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to
COUNTY accepting all deliverables .
ARTICLE VII - DELIVERABLES
A. Deliverables : COUNTY shall deliver all services , products , and deliverables as stated in the
Contract.
B . Reports : COUNTY shall submit quarterly reports to DISTRICT ' s Project Manager in a form
approved by the Project Manager. In addition to hard copies , all written deliverables (reports ,
papers , analyses , etc . ) shall be submitted in machine-readable form in formats consistent with
DISTRICT ' s standard software products . DISTRICT ' s standard office automation products
include the Microsoft® Office Suite (WORD, EXCEL, ACCESS , and POWERPOINT) . Other
formats may be accepted, if mutually agreed upon by DISTRICT ' s Project Manager and Chief
Information Officer.
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Contract #SG469AA
ARTICLE VIII - COMPENSATION
A . Amount of Funding : For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay COUNTY a sum in the amount not to exceed $40,000.
B . Invoicing Procedure : All invoices shall reference the Contract Number provided on the first
page of this AGREEMENT and shall be submitted to Director, Office of Financial Management,
4049 Reid Street, Palatka, Florida 32177 . COUNTY shall submit itemized quarterly invoices
based upon the actual work performed by the BMP applicants , along with copies of BMP
applicants ' paid invoices , and shall bill as per the Project Budget included in EXHIBIT "A" .
Invoices which do not correspond to the Project Budget will be returned to COUNTY without
action. Each invoice shall be submitted in detail sufficient for a proper pre-audit and post-audit
review and shall comply with the document requirements described in Comptroller
Memorandum, dated October 7 , 1997 , attached hereto and made a part hereof as EXHIBIT ` B " to
this AGREEMENT .
C . Payments : DISTRICT shall pay COUNTY on a cost-reimbursable basis one hundred percent
( 100% ) of each approved invoice pursuant to Chapter 218 , Fla. Stat. Payments due and unpaid
under this AGREEMENT shall bear interest in accordance with Section 218 . 74, Fla, Stat.
D . Release : COUNTY agrees that acceptance of the final payment, shall be considered as a release
in full of all claims against DISTRICT or any of its members, agents , and employees , arising out
of, or by reason of, the Work done and materials furnished under this AGREEMENT . Prior to, or
in conjunction with final payment, DISTRICT shall review and determine that COUNTY has
fully and satisfactorily completed the required Work under this AGREEMENT. If DISTRICT
determines that COUNTY has complied with the terms and conditions of this AGREEMENT ,
then acceptance of final payment by COUNTY shall be considered as a release in full of all
claims by DISTRICT against COUNTY, or any of its members , agents and employees , arising
out of, or by any reason of, the Work to be done and materials furnished under this
AGREEMENT .
ARTICLE IX - OWNERSHIP OF DOCUMENTS
A . Pursuant to 35 USC 202-2-4, Part 401 CFR and Section 119 . 07, Fla . Stat. , EPA and DISTRICT
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce , publish or otherwise
use , and to authorize others to use, for EPA and DISTRICT purposes :
( 1 ) The copyright in any work developed under this contract ; and
(2) Any rights of copyright to which COUNTY purchases ownership with funds received
from this contract.
B . Upon the acceptable completion of the project, DISTRICT will convey permission for COUNTY
to publish the Work. DISTRICT reserves the right to review, comment, and approve the
completed/final manuscript. All publications and reports must acknowledge the support of the
EPA and DISTRICT with language similar to the following : "This work funded by the United
States Environmental Protection Agency ' s Indian River Lagoon National Estuary Program
through the St . Johns River Water Management District. "
C. Any source documents or any other documents or materials developed, secured or used in the
performance of this contract shall be considered property of DISTRICT and shall be safeguarded
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Contract #SG469AA
by COUNTY. The original documents or materials , excluding proprietary materials, shall be
provided to DISTRICT upon the expiration or termination of the contract, as outlined in the scope
of work, or upon request of DISTRICT .
ARTICLE X - SUBCONTRACTING
A . COUNTY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT . When applicable, and upon receipt of such consent in writing,
COUNTY shall cause the names of the firms responsible for such portions of the work to appear
on the work.
B . COUNTY agrees to notify DISTRICT of all subcontracts no less than ten ( 10) calendar days prior
to the effective date of the subcontracts for the purpose of approval . COUNTY agrees to provide
DISTRICT with an executed copy of all subcontracts within ten ( 10) calendar days after the
effective date of the subcontract.
C . COUNTY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under
any
subcontract and hold DISTRICT harmless from any liability or damages arising under or from
any subcontract to the extent allowed by law . Nothing in this AGREEMENT shall create any
contractual relationship between any subcontractor and DISTRICT .
ARTICLE XI - CHANGES IN SERVICE REQUIREMENTS
DISTRICT and COUNTY may at any time, by mutual written agreement in the form of an
Amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT in the
services or work to be provided. Neither party to this AGREEMENT shall unreasonably withhold
consent to any written amendment to this AGREEMENT .
ARTICLE XII - INTEREST OF COUNTY
Unless otherwise declared in an addendum, COUNTY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat. , as amended)
either directly or indirectly , in the business of COUNTY to be conducted here , and that no such person
shall have any such interest at any time during the term of this AGREEMENT.
ARTICLE XIII - ASSIGNMENT
COUNTY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall COUNTY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT .
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT for
refusal by the other party to allow public access to all documents , papers , letters , or other material related
to this AGREEMENT and subject to the provisions of Chapter 119 , Fla . Stat. , as amended.
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Contract #SG469AA
ARTICLE XV - AUDIT : ACCESS TO RECORDS
A. COUNTY agrees that DISTRICT or its duly authorized representatives shall , until the expiration
of three (3 ) years after expenditure of final funds under this AGREEMENT , have access to
examine any of COUNTY ' s books , documents , papers , and records involving transactions related
to this AGREEMENT . COUNTY agrees that payment( s) made under this AGREEMENT shall
be subject to reduction for amounts charged which are found on the basis of audit examination
not to constitute allowable costs .
B . COUNTY shall refund by check, payable to DISTRICT , the amount of any reduction of
payments . All required records shall be maintained until an audit has been completed and all
questions arising from it are resolved or until three (3 ) years after completion of the Work and
submission of a final invoice, whichever is later. COUNTY will provide proper facilities for
access to and inspection of all required records .
ARTICLE XVI - CIVIL RIGHTS
Pursuant to Chapter 760, Fla . Stat. , COUNTY shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex , or national origin, age , handicap or marital
status .
ARTICLE XVII - CONFLICTING EMPLOYMENT
COUNTY agrees that at the time of execution of this Contract it has no retainer or employment
AGREEMENT, oral or written , with any third party relating to any matters which adversely affect any
interest or position of DISTRICT . COUNTY shall not accept during the terms of this Contract any
retainer or employment from a third party whose interests appear to be conflicting or inconsistent with
those of DISTRICT .
Notwithstanding the foregoing paragraph, COUNTY may accept retainers from or be employed
by third parties whose interests appear conflicting or inconsistent with those of DISTRICT if, after full
written disclosure of the facts to DISTRICT, DISTRICT determines that the apparent conflict shall not
interfere with the performance of the Work by COUNTY.
ARTICLE XVIII - PRIVITY OF CONTRACT
This Contract is expected to be funded with funds from EPA . Neither the United States nor any
of its departments , agencies or employees is , or will be, a party to this Contract or any
lower tier
subcontract. This Contract is subject to regulations contained in 40 CFR, Part 33 or 31 . 36, as applicable,
in effect on the date of the award .
ARTICLE XIX - NON-LOBBYING
A. COUNTY certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989 , by or on behalf of COUNTY, to any person for influencing or attempting to
influence an officer or employee of an agency , a Member of Congress , an officer or employee of
Congress , or an employee of a Member of Congress , in connection with the awarding, renewal ,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-
Federal funds are used for lobbying activities as described above, COUNTY shall submit a
Standard Form-LLL, "Disclosure Form to Report Lobbying, " and shall file quarterly updates of
any material changes . COUNTY shall require the language of this certification to be included in
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Contract #SG469AA
all subcontracts , and all subcontractors shall certify and disclose accordingly . COUNTY shall
complete and sign a copy of the form entitled, "Certification Regarding Lobbying, " attached
hereto and made a part hereof to certify that no Federal appropriated funds have been paid or will
be paid by or on behalf of COUNTY in relation to this AGREEMENT as stipulated above .
B . Pursuant to Section 216 . 347, Fla, Stat . , COUNTY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency .
ARTICLE XX - DEBARMENT AND SUSPENSION
A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 232), COUNTY
shall agree and certify that neither it, nor its principals , is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency ; and , that COUNTY shall not knowingly enter
into any lower tier contract, or other covered transaction, with a person who is similarly debarred
or suspended from participating in this covered transaction, unless authorized in writing by EPA.
B . Upon execution of this AGREEMENT by COUNTY, COUNTY shall complete and sign a copy
of the form entitled, "Certification Regarding Debarment, Suspension, and Other Responsibility
Matters ," attached hereto and made a part hereof.
C . As required by Paragraphs A & B above , COUNTY shall include the language of this section in
all subcontracts or lower tier agreements executed to support COUNTY ' s work under this
Contract.
ARTICLE XXI - AFFIRMATIVE ACTION
Pursuant to Federal Laws, Regulations and Orders , and to the Cooperative Agreement of
September 18 , 1992 , between DISTRICT and the United States Environmental Protection Agency,
COUNTY and its subcontractors at all tiers , shall take all necessary steps to assure that minority firms ,
women ' s business enterprises , and labor surplus area firms are used whenever possible . Affirmative steps
shall include :
( 1 ) Placing qualified small and minority businesses and women ' s business enterprises on
solicitation lists ; and
(2) Assuring that small and minority business , and women ' s business enterprises are solicited
whenever they are potential sources ; and
(3 ) Dividing total requirements , when economically feasible , into smaller tasks or quantities
to permit maximum participation by small and minority business , and women ' s business
enterprises ; and
(4) Establishing delivery schedules , where the requirement permits , which encourage
participation by small and minority business , and women ' s business enterprises ; and
(5 ) Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce ; and
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Contract #SG469AA
(6) COUNTY shall , to the fullest extent possible, when subcontracting and/or purchasing
supplies or services , award/ negotiate an amount equivalent to at least 8 % of the Contract
amount to organizations owned or controlled by socially and economically disadvantaged
individuals , women, and historically black colleges and universities .
ARTICLE XXII - DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988 , 40 CFR Part 32, Subpart F (P. L. 100-
690, Title V. Subtitle D) . COUNTY shall agree and certify that it complies with all applicable provisions
of the Drug-Free Workplace Act . COUNTY shall complete and submit the attached certification Form,
"Certification Regarding Drug-Free Workplace Requirements - Grantees Other Than Individuals . "
ARTICLE XXIII - ENVIRONMENTAL PROTECTION AGENCY PROVISIONS
COUNTY shall comply with all applicable portions of EPA and Federal Laws , Regulations and
Orders as follows :
( 1 ) General Regulations for Federal Assistance Programs , 40 CFR Part 31 , regarding
uniform administrative requirements for grants and cooperative agreements to state and
local governments ; and
(2) Rights to Inventions , 37 CFR Part 401 , which concerns the rights to inventions made by
non-profit organizations and small business firms under government grants , contracts ,
and cooperative agreements ; and
( 3 ) Use of Recycled Paper, EPA Order 1000. 25 , regarding the use of recycled paper for all
reports prepared as a part of this agreement ; and
(4) The Small Business Administration Reauthorization and Amendment Act of 1988 ,
Section 129 of Public Law 100-590 (SBARAA) , regarding COUNTY ' s utilization of
small businesses located in rural areas to the maximum extent possible ; and
(5 ) The 1992 Appropriations Act, P. L. 101 -507 , which includes the appropriations for the
Environmental Protection Agency : Program for Utilization of Disadvantaged Business
Enterprises in Procurement under Assistance Programs .
(6) Executive Order 11246 of September 24 , 1965 , entitled , "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13 , 1967 , and as
supplemented in Department of Labor regulations (41 CFR Chapter 60) . This item
applies to all construction contracts and construction subcontracts in excess of $ 10,000.
(7) Copeland "Anti-Kickback" Act ( 18 U. S . C . 874) as supplemented in Department of Labor
regulations (29 CFR Part 3 ) . This item applies to all contracts and subcontracts for
construction and repair.
( 8) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U. S . C .
327-330) as supplemented in Department of Labor regulations (29 CFR Part 5 ) . This
item applies to all construction contracts and construction subcontracts in excess of
$2,000, and in excess of $2, 500 for other contracts which involve the employment of
mechanics or laborers .
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Contract #SG469AA
(9) Section 306 of the Clean air Act (42 U. S . C . 1857(h)) , Section 508 of the Clean Water Act
(33 U. S . C . 1368) , Executive Order 11738 , and Environmental Protection Agency
regulations (40 CFR Part 15 ) . This item applies to all contracts and subcontracts in
excess of $ 100,000.
( 10) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Public Law 94- 163 , 89 Stat. 871 ) .
( 11 ) In accordance with Section 215 of the Clean Water Act (33 U. S . C . 1251 et. Seq. ) and
implementing EPA regulations , COUNTY agrees that preference will be given to
domestic construction materials by COUNTY, its subcontractors , materialmen and
suppliers in the performance of this AGREEMENT. This item applies to all construction
contracts and subcontracts
ARTICLE XXIV - TERMINATIONS
A . Termination for Default : This AGREEMENT may be terminated in whole or in part in writing
by either party in the event of substantial failure by the other party to fulfill its obligations under
this AGREEMENT through no fault of the terminating party , provided that no termination may
be effected unless the other party is given : ( 1 ) not less than ten ( 10) calendar days written notice
delivered by certified mail, return receipt requested , and (2) an opportunity for consultation with
the other party prior to termination .
B . Termination for Convenience : This AGREEMENT may be terminated in whole or in part in
writing by either party provided that the other party is given : ( 1 ) not less than thirty ( 30) calendar
days written notice delivered by certified mail , return receipt requested , of intent to terminate, and
(2) an opportunity for consultation prior to termination.
C. If termination for COUNTY ' s default is effected by DISTRICT, an equitable adjustment in the
price provided for in this AGREEMENT shall be made , but ( 1 ) no amount shall be allowed for
unperformed services , and (2) any payment due to COUNTY at the time of termination shall be
adjusted to cover any additional costs to DISTRICT because of COUNTY ' s default. If
termination for DISTRICT ' s default is effected by COUNTY, or if termination for convenience is
effected by DISTRICT, the equitable adjustment shall provide for payment of all services ,
materials , and costs , including prior commitment incurred by COUNTY up to the termination
date .
D . Upon receipt of a termination action under paragraphs "A" or "B " above, COUNTY shall :
( 1 ) Promptly discontinue all affected work (unless the notice directs otherwise), and
(2) deliver or otherwise make available all data, drawings , specifications , reports , estimates ,
summaries , and such other information and materials as may have been accumulated by
COUNTY in performing this AGREEMENT , whether completed or in process .
E. Upon termination under Paragraphs "A" or ` B " above, DISTRICT may take over the work or
may award another party a contract to complete the work.
F. If, after termination for failure of COUNTY to fulfill contractual obligations , it is determined that
COUNTY had not failed to fulfill contractual obligations , the termination shall be deemed to
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Contract #SG469AA
have been for the convenience of DISTRICT . In such event, the adjustment of compensation
shall be made as provided in Paragraph "C" of this section .
ARTICLE XXV - GOVERNING LAW
This AGREEMENT shall be construed and interpreted according to the laws of the State of
Florida.
ARTICLE XXVI - CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against the other
merely by virtue of the fact that it may have been prepared by counsel for one of the parties , it being
recognized that both parties , DISTRICT and COUNTY, have contributed substantially and materially to
the preparation hereof.
ARTICLE XXVII - ENTIRE AGREEMENT
This AGREEMENT upon execution by COUNTY and DISTRICT, and the contract documents
constitute the entire Agreement of the parties. The parties are not bound by any stipulations
,
representations , agreements , or promises , oral or otherwise, not printed or inserted in this AGREEMENT .
COUNTY agrees that no representations have been made by DISTRICT to induce COUNTY to enter
into this AGREEMENT other than as expressly stated by this AGREEMENT . This AGREEMENT
cannot be changed orally , nor by any means other than written amendments referencing this
AGREEMENT and signed by all parties .
IN WITNESS WHEREOF, the ST . JOHNS RIVER WATER MANAGEMENT DISTRICT has
caused this contract to be executed in its name by its Executive Director and INDIAN RIVER COUNTY
has caused this contract to be executed in its name by its duly authorized representatives ,
and, if
appropriate, has caused its seal to be attached, all on the day and year first above written .
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT > W
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Kirby B . Gree III, Ex utive Director ;, , „i z
Kenneth R . Macht , Chairman � J' zo
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APPROVED BY THE OFFICE OF BCC Approved : 09 - 16 - 2003 a ~
GENERAL COUNSEL
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Stanley J. Nieg As ' tant Gene l Counsel Typed Name and Title
Indian Riva Ca Approved Date
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Page 10
Contract #SG469AA
EXHIBIT "A"
STATEMENT OF WORK
Principal Investigators :
James Karl , Conservation District Coordinator, Indian River Soil and Water Conservation District, 1028
20'hPlace, Suite A. Vero Beach, FL 32960
Cooperating Agencies :
• United States Department of Agriculture (USDA)-Natural Resources Conservation Service , 1028 20th
Place, Suite A, Vero Beach, FL 32960
• Indian River Soil and Water Conservation District (IRSWCD) , 1028 20"' Place, Suite A , Vero Beach,
FL 32960
• University of Florida (UF) Institute of Food and Agricultural Sciences (IFAS ) / Indian River County
Cooperative Extension Service, 1028 20`h Place, Suite D, Vero Beach, FL 32960
Fiscal Agent,
• Board of County Commissioners, Indian River County, 1840 25 "' Street, Vero Beach, FL 32960
I. INTRODUCTION/BACKGROUND :
Best management practices (BMP) are those on-farm operational procedures that are designed to achieve
greatest agronomic efficiency in food and fiber production , while limiting the offsite effects
of
agricultural operations and simultaneously maintaining an economically viable farming operation for the
grower. The University of Florida (UF), Florida Department of Agriculture and Consumer Services
(FDACS) , in concert with numerous agencies and growers , worked together to compile and adopt a
"living" document entitled "Water Quality/Quantity BMP ' s for Indian River Area Citrus Groves" . The
major categories of emphasis in this manual are: Water Volume, Sediment Transport, Nutrients ,
Pesticides/Metals , and Aquatic Plants .
The BMP document was created in an effort to educate the growers about the water quality problems
occurring in the Indian River Lagoon (IRL) Estuary .
Total maximum daily pollutant loads will be established and implemented on a prioritized schedule for
each water body. This is the maximum amount of a pollutant a water body can receive and still meet
water quality standards as defined by the Federal Clean Water Act (FCWA) . Under the Florida
Watershed Restoration Act, agricultural farmers are challenged to initialize and continue implementation
of BMP' s while the watershed is being monitored and evaluated.
Water quality monitoring trends by St. Johns River Water Management District (DISTRICT) show an'
increasing north to south gradient of Total Phosphorus (TP) concentrations and loading which are two to
three times higher in Indian River County (IRC) compared to areas in Volusia and Northern Brevard
Counties . Chlorophyll a levels are also highest in the IRC segments . Total suspended solids and color
also exhibit an increasing north to south gradient.
II. OBJECTIVES *
1 . To increase the knowledge pertaining to citrus BMP ' s and water quality issues .
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Contract #SG469AA
2. To increase water quality in the Indian River Lagoon (IRL) watershed.
3 . To increase the acreage of citrus BMP implementation.
4 . To reduce pollutant loads to the IRL.
III. SCOPE OF WORK:
1 . In an effort to reach IRC citrus growers in a timely manner, the opportunity for cost-sharing the
implementation of BMP' s will be advertised through a variety of methods (newsletters , web sites ,
newspaper articles , phone calls , etc . ) .
2. The Indian River Soil and Water Control District (IRSWCD) , The United States Department of
Agriculture (USDA) Natural Resource Conservation Service (NRCS ) and the OF Institute of Food
and Agricultural Sciences (IFAS) Extension staff will deliver education programs for the growers and
public-at-large pertaining to BMPs and land usage by employing a multimedia approach (i . e . ,
PowerPoint presentations , Coastal EnviroScape Model , etc . ) .
a. The staff' s of IBC ' s IFAS Program, IRSWCD , and NRCS understand that the Cost Share
Funding provided for this scope of services is designated for water quality BMP
improvements associated with Indian River area citrus groves . Therefore, water quality and
sediment/erosion control measures including: on site water detention/retention facilities ,
riser-board water control structures , sediment settling basins within ditches , soil stabilization,
water furrows and sediment traps upstream of discharge pump intakes , will be the primary
focus for this work.
3 . The staff of the IRSWCD and the NRCS will meet with applicants (Indian River citrus growers ) to
assess their needs in respect to the program objectives . A Conservation Plan will be developed for
the applicant ' s property by the IRSWCD in cooperation with the NRCS . This plan will include but is
not limited to nutrient management, pesticide management, irrigation water management, and
technical information and design . The applicant shall agree to properly operate and maintain the
BMP components for the contractual life span of the BMP practice( s) . If installation is removed or
destroyed before the life span has expired, the client shall repay a prorated portion of this funding to
the IRSWCD to be used for another applicant.
4. Each applicant will receive the "Water Quality / Quantity BMP ' s for Indian River Area Citrus
Groves" manual and meet with the Water Quality Extension Agent to discuss water quality / quantity
issues and answer a survey pertaining to BMP usage. Applicants will have the opportunity to view
the BMP video prepared by OF / IFAS .
Indian River County Citrus Cost-Share
Best Management Practices (BMP) Program Procedures .
1 . Applicant meets with OF/IFAS BMP implementation team or staff at IRSWCD to receive and review
the Indian River Area Citrus BMP Manual .
2 . Applicant requests review or assistance from the BMP implementation team or staff at IRSWCD with
completing the confidential Citrus Grower BMP Practices Checklist for each citrus grove to help
evaluate existing and or needed BMP ' s . (This can be done on their own if they prefer) .
3 . Complete and send to the Florida Department of Agriculture and Consumer Services (FDACS) the
Notice of Intent to Implement Water Quality/Quantity BMP' s for Indian River Area Citrus Groves , in
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Contract #SG469AA
accordance with Florida Statute 403 . 067(7)(d) and Rule 5M-2 . 005 FAC for voluntary presumption of
compliance with state water quality standards .
4 . Applicant applies for BMP cost-share funding consisting of a maximum 75 % IRL/NEP funding, with
balance provided by applicant .
5 . The applicant will provide preliminary design( s) prepared by either a contractor, USDA-NRCS , and /
or IRSWCD .
6 . Applicant solicits cost estimate( s) based on preliminary design(s) .
7 . Project cost estimate( s) will be returned to the IRSWCD for review .
8 . IRSWCD determines eligibility ranking based on cost of project/environmental benefits .
9 . IRSWCD reviews with the St. Johns River Water Management District (DISTRICT) for compliance
based on their funding guidelines .
10. The IRSWCD presents a list of projects that are in full compliance with funding guidelines to the
Indian River Board of County Commissioners .
11 . Approval or disapproval of list of projects by Indian River Board of County Commissioners .
12 . Applicant signs a Conservation Application and Agreement with the Indian River Soil and Water
Conservation District (IRSWCD) .
13 . A Conservation Plan, including fully developed design( s) , will be prepared by IRSWCD/NRCS ,
before installation of practice( s) proceed(s) .
14 . Applicant/IRC, sign individual contracts to install practice( s) and agrees , through an Operation and
Maintenance Plan Contract, to properly operate and maintain the BMP components for the
contractual life span of the practice(s) .
15 . Applicant/contractor installs BMP(s) based on approved design(s) . Consultation with
NRCS/IRSWCD staff is advised during installation process .
16 . The BMP installation must meet NRCS minimum standards and specifications before it can be
certified as complete by IRSWCD/NRCS technician( s) .
17 . Applicant produces paid invoices of expenditures to IRSWCD, who submits all documentation to
IRC .
18 . Applicant receives reimbursement from the County with authorization from IRSWCD.
19 . County shall submit to DISTRICT, itemized quarterly invoices based upon the actual work performed
by the Applicant, accompanied by copies of Applicant ' s paid invoices , and shall bill on a cost-
reimbursable basis .
20 . The applicant will be required to adhere to the life span of the BMP. If it is removed or destroyed
before the life span is expired, the applicant will be required to reimburse a prorated portion of the
funding to the IRSWCD to be used for another applicant .
IV. TASK IDENTIFICATION.
1 . Advertisement of the project via newsletters , the Internet, the media and direct phone calls .
2 . Schedule meetings with growers to discuss BMP ' s , assess the growers needs and develop
a
conservation plan .
3 . Establish the BMP design for each grower; prioritize each grower' s design ; generate and sign
contracts with each grower accepted into the program; begin project installation .
4. Delivery of BMP and water quality/water quantity education programs to growers and the public -at-
large
5 . Generation of program final report
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Contract #SG469AA
V. DELIVERABLES and TIME FRAMES :
1 . A list of growers receiving funding, including the amount of affected acreage and type of BMP
funded will be kept on an electronic format spreadsheet.
2 . Quarterly reports of accomplishments relative to educational outreach efforts .
3 . Summary Report of program expenditures , accomplishments and future recommendations
ITEM COMPLETION (From Effective Date)
Task 1 — Advertisement of Project/Funding " . . . . . . . . . . . I ' ll . , . . . m . . . see * , . . . . m - m000 . . . . . . m . . . . . . . .
* * . . . . . . . 2 months
Task 2 — Growers Needs Assessments/Conservation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 9 months
Task 3 — BMP Design, Scoring, Contracts , Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . months 1 - 18
Task 4 — Education Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . months 1 - 18
Task5 — Final Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18th month
VI. BUDGET :
Category SJRWMD IRSWCD Total
BMP Cost-Share $ 389000 $ 38 ,000
Water Control Structures (top-over)
On Site Water Retention/Detention
Sediment Control
IRSWCD Admin Fee- 5 % 29000 21000
In-Kind 109000 10,000
TOTAL $409000 $ 10,000 $509000
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Contract #SG469AA
EXHIBIT ` B"
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary , travel, expenses , etc .) Supporting documentation must be provided for each amount for
which reimbursement is being claimed indicating that the item has been paid. Check numbers may be
provided in lieu of copies of actual checks . Each piece of documentation should clearly reflect the dates of
service . Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements :
( 1 ) Salaries : A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges , fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked rimes the rate of pay will be acceptable .
(2) Fringe Benefits : Fringe Benefits should be supported by invoices showing the amount paid on behalf
of the employee (e .g . , insurance premiums paid) . If the contract specifically states
that fringe benefits will be based on a specified percentage rather than the actual cost
of fringe benefits , then the calculation for the fringe benefits amount must be shown .
Exception : Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits .
(3) Travel : Reimbursement for travel must be in accordance with Section 112.061 , Florida
Statutes , which includes submission of the claim on the approved State travel voucher
or electronic means .
(4) Other direct costs : Reimbursement will be made based on paid invoices/receipts . If nonexpendable
property is purchased using State funds , the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation
must be provided to show compliance with Department of Management Services Rule
60A- 1 .017 , Florida Administrative Code , regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible
personal property as defined in Section 273 . 02 , Florida Statutes , for subsequent
transfer to the State .
(5) In-house charges : Charges which may be of an internal nature (e .g . , postage , copies , etc . )
may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable .
(6) Indirect costs : If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown .
Pursuant to 216. 346 , Florida Statutes , a contract between state agencies including any
contract involving the State University system or the State Community College
system, the agency receiving the contract or grant moneys shall charge no more than 5
percent of the total cost of the contract or grant for overhead or indirect cost or any
other cost not required for the payment of direct costs .
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Contract #SG469AA
EXHIBIT "C"
EPA ' s SPECIAL CONDITIONS
1 . OWNERSHIP OF DOCUMENTS
Pursuant to 35 USC 202-2-4 , Part 401 CFR and Section 119 .07 , Fla. Stat . , EPA and
DISTRICT reserve a royalty-free , nonexclusive , and irrevocable license to reproduce ,
publish or otherwise use, and to authorize others to use , for EPA and DISTRICT
purposes :
a) The copyright in any work developed under this contract ; and
b) Any rights of copyright to which COUNTY purchases ownership with funds
received from this contract.
Upon the acceptable completion of the project, DISTRICT will convey permission for
COUNTY to publish the Work. DISTRICT reserves the right to review , comment, and
approve the completed/final manuscript . All publications and reports must acknowledge
the support of EPA and DISTRICT with language similar to the following : "This work
funded by the United States Environmental Protection Agency through the St . Johns
River Water Management District, Indian River Lagoon National Estuary Program
( 100% - $40 ,000) . "
Any source documents or any other documents or materials developed, secured or used in
the performance of this contract shall be considered property of DISTRICT and shall be
safeguarded by COUNTY. The original documents or materials , excluding proprietary
materials , shall be provided to DISTRICT upon the expiration or termination of the
contract , as outlined in the scope of work, or upon request of DISTRICT .
2 . PRIVITY OF CONTRACT
This Contract is expected to be funded in part with funds from EPA . Neither the United
States nor any of its departments , agencies or employees is , or will be, a party to this
Contract or any lower tier subcontract. This Contract is subject to regulations contained
in 40 CFR , Part 33 or 31 . 36 , as applicable, in effect on the date of the award.
3 . NON-LOBBYING
COUNTY certifies that no Federal appropriated funds have been paid or will be paid, on
or after December 22 , 1989 , by or on behalf of COUNTY, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress ,
an officer or employee of Congress , or an employee of a Member of Congress , in
connection with the awarding , renewal , amending or modifying of any Federal contract ,
grant, or cooperative agreement . If any non -Federal funds are used for lobbying
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Contract #SG469AA
activities as described above, COUNTY shall submit a Standard Form-LLL, "Disclosure
Form to Report Lobbying," and shall file quarterly updates of any material changes .
COUNTY shall require the language of this certification to be included in all
subcontracts , and all subcontractors shall certify and disclose accordingly. COUNTY
shall complete and sign a copy of the form entitled, "Certification Regarding Lobbying, "
attached hereto and made a part hereof to certify that no Federal appropriated funds have
been paid or will be paid by or on behalf of COUNTY in relation to this AGREEMENT
as stipulated above .
Pursuant to Section 216 . 347 , Fla. Stat . , COUNTY hereby agrees that monies received
from DISTRICT on this Contract will not be used for the purpose of lobbying the
Legislature or any other state agency .
4 . DEBARMENT AND SUSPENSION
In accordance with Executive Order 12549 , Debarment and Suspension (40 CFR 232) ,
COUNTY shall agree and certify that neither it, nor its principals , is presently debarred,
suspended, proposed for debarment, declared ineligible , or voluntarily excluded from
participation in this transaction by any Federal department or agency ; and, that COUNTY
shall not knowingly enter into any lower tier contract , or other covered transaction , with a
person who is similarly debarred or suspended from participating in this covered
transaction , unless authorized in writing by EPA .
Upon execution of this AGREEMENT by COUNTY, COUNTY shall complete and sign
a copy of the form entitled, "Certification Regarding Debarment, Suspension , and Other
Responsibility Matters ," attached hereto and made a part hereof.
As required by Paragraphs A & B above , COUNTY shall include the language of this
section in all subcontracts or lower tier agreements executed to support COUNTY ' s work
under this Contract.
5 . AFFIRMATIVE ACTION :
Pursuant to Federal Laws , Regulations and Orders , and to the Cooperative Agreement of
September 18 , 1992 , between DISTRICT and the United States Environmental Protection
Agency (EPA) , COUNTY and its subcontractor at all tiers , shall take all necessary steps
to assure that minority firms , women ' s business enterprises , and labor surplus area firms
are used whenever possible . Affirmative steps shall include :
a) Placing qualified small and minority businesses and women ' s business enterprises
on solicitation lists ; and
b) Dividing total requirements , when economically feasible, into smaller tasks or
quantities to permit maximum participation by small and minority business , and
women ' s business enterprises ; and
Page 17
Contract #SG469AA
c) Assuring that small and minority business , and women ' s business enterprises are
solicited whenever they are potential sources ; and
d) Establishing delivery schedules , where the requirement permits , which encourage
participation by small and minority business , and women ' s business enterprises ;
and
e) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce ; and
fl COUNTY shall , to the fullest extent possible , when subcontracting and/or
purchasing supplies or services , award/ negotiate an amount equivalent to at least
8 % of the Contract amount to organizations owned or controlled by socially and
economically disadvantaged individuals , women , and historically black colleges
and universities .
6 . U. S . ENVIRONMENTAL PROTECTION AGENCY PROVISIONS :
COUNTY shall comply with all applicable portions of EPA and Federal Laws ,
Regulations and Orders as follows :
a) General Regulations for Federal Assistance Programs , 40 CFR Part 31 , regarding
uniform administrative requirements for grants and cooperative agreements to state
and local governments ; and
b) Rights to Inventions , 37 CFR Part 401 , which concerns the rights to inventions
made by non-profit organizations and small business firms under government
grants , contracts , and cooperative agreements ; and
c) New Restrictions on Lobbying, 40 CFR Part 34, which concerns the lobbying the
Executive or Legislative Branches of the Federal Government; and
d) Debarment and Suspension Under EPA Assistance , Loan and Benefit Programs , 40
CFR Part 32 , which concerns the exclusion of debarred and suspended firms from
participating in projects funded by the Federal Government; and
e) Use of Recycled Paper, EPA Order 1000 . 25 , regarding the use of recycled paper for
all reports prepared as a part of this agreement ; and
fl The Small Business Administration Reauthorization and Amendment Act of 1988 ,
Section 129 of Public Law 100-590 (SBARAA) , regarding COUNTY ' S utilization
of small businesses located in rural areas to the maximum extent possible ; and
g) The 1992 Appropriations Act, P. L. 101 -507 , which includes the appropriations for
the Environmental Protection Agency: Program for Utilization of Disadvantaged
Business Enterprises in Procurement under Assistance Programs .
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Contract #SG469AA
h) Executive Order 11246 of September 24 , 1965 , entitled, "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13 , 1967 , and as
supplemented in Department of Labor regulations (41 CFR Chapter 60) . This item
applies to all construction contracts and construction subcontracts in excess of
$ 10,000 .
i) Copeland "Anti -Kickback" Act ( 18 U. S . C . 874) as supplemented in Department of
Labor regulations (29 CFR Part 3 ) . This item applies to all contracts and
subcontracts for construction and repair.
j) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U. S . C . 327-330) as supplemented in Department of Labor regulations (29 CFR Part
5 ) . This item applies to all construction contracts and construction subcontracts in
excess of $2,000, and in excess of $2 , 500 for other contracts which involve the
employment of mechanics or laborers .
k) Section 306 of the Clean air Act (42 U. S . C . 1857 (h)) , Section 508 of the Clean
Water Act (33 U. S . C . 1368) , Executive Order 11738 , and Environmental Protection
Agency regulations (40 CFR Part 15 ) . This item applies to all contracts and
subcontracts in excess of $ 100,000 .
1) Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Public Law 94- 163 , 89 Stat. 871 ) .
m) In accordance with Section 215 of the Clean Water Act (33 U. S . C . 1251 et. Seq. )
and implementing EPA regulations , COUNTY agrees that preference will be given
to domestic construction materials by COUNTY, its subcontractors , materialmen
and suppliers in the performance of this AGREEMENT. This item applies to all
construction contracts and subcontracts .
Page 19
Certification Regarding Lobbying
Certification for Contracts , Grants , Loans , and Cooperative
Agreements
pr 1P
The undersigned certifies , to the best of his or her knowledge and
belief , that :
( 1 ) No Federal appropriated funds have been paid or will be paid ,
by or on behalf of the undersigned , to any person for influencing
I r attempting to influence an officer or employee of any agency ,
a Member of Congress , an officer or employee . of Congress , or an
employee of a Member of Congress in connection with the awarding
of `: ariy Federal contract , the making of ` -. any Federal grant , ` the
;. K , making of ; any Federal loan , the entering into of any cooperative
ag`reement , . ` and the extension , continuation renewal ' -, amendment ,' Or
modification of any Federal contract , grant , loan ,, ,,.. - Or cooperative
_ .
• agreement . - c :
( 'Z , ) If any Ifunds other than Federal appropriated funds have been
14 paid or will be paid to any person for influencing =; or . attempting
to influence , an officer or employee of any agency;, a _ Member of -
Congre ss :officer or employee of Congress , or an > employee of a
; Member, , of Congress in connection with this Federal contract ; grant ,
� 1oan , or cooperative agreement , the _ undersi. gned shall complete and
' ` x'� ' submit : Standard Form- LLL , " Disclosure Form to Rep- ort : Lobb "
Ying , in
IV
accord'3nce _, wlth' is instructions . ,
n'
( 3 ) The undersigned shall require that the language of this
certificat on , be included in the award documents for` all : subawards
=tiers " " ' '( including subcontracts , subgrants , Wand contracts
tender : grants , " ; , 'loans , and cooperative agreements ) .. . and : that - : all
subrecipients shall certify and disclose accordingly .
This certification is a material representation of fact upon which
..reliance was placed when this transaction was made or entered unto .
Submission of this certification is a prerequisite for making or
entering i•nto. this transaction imposed by section 1352 , title 31- ,
U . S . Code . Any person who fails tofile the required certification
shall be subject to a civil penalty of not less than $ 10 , 000 and not
more than $ 100 , 000 for each such failure .
Kennp.tb R . Macht , Chairman
Typed Na itle of A orized Representative
09 - 16 - 2003
Sig t re of Kut ized epresentative Date
Page 20
Contract #SG469AA
EXIiIBIT "D"
EPA 's SUPPLEMENTAL GENERAL CONDITIONS
(see book attached)
Page 22
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Contract #SG469AA
EXHIBIT "D"
EPA ' s SUPPLEMENTAL GENERAL CONDITIONS
are available for review in the
Office of the Executive Aide to
the Board of County Commissioners
i
,
. 1
i
A EPA Project Control Number
EPA
S
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding ,
Debarment , Suspension , and Other Responsibility Matters
The prospective participant certifies to the best of its knowledge and belief that it and its principals:
(a) Are not presently debarred , suspended , proposed for debarment, declared ineligible, for voluntarily
excluded from covered transactions by any Federal department. or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a civil judgement
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain , or performing a public (Federal, State, or local) transaction or contract under a
public transaction ; violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal ,
State, or local) with commission of any of the offenses enumerated in paragraph (1b) of
this
certification ; and
(d ) -Have not-within a -- three-year period -preceding this - appHeation/proposal had one or more public
transactions (Federal ; State, or local ) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or
termination of the award : In addition , under 18 _USC Sec. 1001 , a false statement may result in a fine of up
to $ 10 , 000 or imprisonment for up to 5 years , or both.
Kenneth R . Macht , Chairman
Typed Name & Ti Authorized Re res ntative
09 - 16 - 2003
Sign re o uthorized pre ntative Date
❑ I am unable to certify to the above statements . My explanation is attached .
EPA Form 570049 ( 11 -88)
Page 21
Instructions
Under Executive Order 12549 , an individual or organization debarred or excluded from
participation in Federal assistance or benefit programs may not receive any assistance award
under a Federal program , or a subagreement thereunder for $25 , 000 or more.
Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agreement and any
contract or subagreement participant thereunder must complete the attached certification or
provide an explanation why they cannot. For further details , see 40 CFR 32 . 510 , Participants '
responsibilities, In the attached regulation.
Where To Submit
The prospective EPA grant, loan , or cooperative agreement recipient must return the signed
certification or explanation with its application to the appropriate EPA Headquarters or Regional
office ,, as required in the application instructions.
A prospective prime contractor must submit a completed certification or explanation to the
individual or organization awarding the contract.
Each prospective subcontractor must submit a completed certification or explanation to the prime
I . contractorforthe project.
How. To Obtain Forms:
EPA includes the- certification form , instructions , and a copy of its implementing regulation (40 CFR
Part 32); ineach application kit. Applicants may reproduce these materials as needed and provide
them to :their prospective prime contractor, who, in tum, may reproduce and provide` them to
prospective subcontractors .
AddttionaI copies /assistance may be requested from:
Compliance Branch -- - -- -- - -
Grants Administration Division (PM -216F)
U . S . Environmental Protection Agency
401 M Street; SW
Washington, DC 20460
(Telephone : 202 /475 -8025 )
EPA Form 5700-49 ( 11 -88)
' 1 - 03
APPNUM 04
SJRWMD office use
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ��►►
ALTERNATIVE WATER SUPPLY CONSTRUCTION COST-SHARING PROGRAM U
APPLICATION FORM
FY 2003-2004
Submission deadline: Applications must be received by the St. Johns River Water Management
District (SJRWMD) or dated by the U. S . Postal Service or a commercial carrier no later than Friday,
October 3 , 2003 . Submit three copies of this form and all supporting materials to Elizabeth Thomas, c%
Cheryl Keel, St. Johns River Water Management District, 4049 Reid Street, Palatka, FL 32177. For
application assistance, contact Elizabeth Thomas at (407) 6594868 or ethomasgsjrwmdcom. You
may add up to one additional page of supporting material for any answer that needs further explanation .
Applications that are substantially incomplete or not completed according to instructions will be
disqualified. Excess materials will not be considered. Read and follow instructions . Selected
evaluation criteria accompany questions pertaining to them in the application. Complete evaluation
criteria are provided in the separate instruction document.
Type or print clearly the requested information in the spaces provided.
Title of Project North County RO Concentrate/Stormwater to Reclaimed Water
A. Applicant Information
1 . Name of applicant Indian River County Utilities
(may be utility, local government, agency, company, individual, or other)
2. Name, address, email address, and phone numbers of project manager or contact person.
SJRWMD will send correspondence concerning this application ONLY to this person.
Name Michael C . Hotchkiss, P .E.
Email address mhotchkiss@ircgov. com
Mailing address 1840 25h Street
City and zip code Vero Beach, FL 32960
Phone (772) 567-8000, ext . 1821 Fax (772) 770-
5143
3. Name, address, and phone numbers of person with authority to enter into a contractual
agreement, if other than project manager or contact person.
If same as 2 above, check box. ❑
Name Kenneth R. Macht, Chairman_ Indian River County Board of County Commissioners
Email address kmacht@ircaov. com
Mailing address 1840 25th Street
City and zip code Vero Beach. FL 32960
A4
SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003-2004
Y
Phone (772) 567-8000, ext . 1490 Fax (772) 770-
5334
4. SJRWMD permit information
Does the applicant have any SJRWMD permits? Yes ® No ❑
Myes, list all SJRWMD consumptive use permits held by the applicant AND any surface water
management or environmental resource permits pertaining to the project . Attach an additional page
behind this page if needed.
Permit # Exyiration Date (mm/dd/yy) Permit # Expiration Date (mm/dd/
10524 12-31 -2020
5. Other permit information. List all types of permits required to construct the proposed project and
provide the status of efforts to obtain each permit.
Type of Permit Issuing Agency Have Permit Applied Not Applied
Utift Construction F.D .E.P. ® ❑ ❑
Mixing Zone F.D .E.P . ® ❑ ❑
Ut&Y Construction MYWCD ® ❑ ❑
Right of Way Indian River County ® ❑ ❑
Utility Construction Indian River County Utilities ® ❑ ❑
6. Disclosure. Does any SJRWNID employee, Governing Board member, contractor, or other affiliate
of the applicant have a financial interest in this project, the property associated with this project, or with
any party that may profit financially from this project? Yes ❑ No
If , yes, identify all such parties and describe their interests .
A-2
4
SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003_2004
B. Project Information
1 . Cost-sharing request (SJRWNM ' s share cannot exceed 50% of total project cost)
a. Total project cost . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4. 349. 070
b . Amount of cost-share requested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . I . .
. . . . . . . . . . . . . . . $ 150. 000
2. Purpose. Explain the purpose(s) of the project. (Do not refer to attachments . )
Increase amount of reclaimed water by supplementing with R O concentrate and stormwater mixture
3. Brief description of project. Include approximate dimensions and capacities .
(Do not refer to attachments.)
Reverse Osmosis (R. O . ) water treatment process involves micron level filtration that generates a waste
stream by
:product referred to as concentrate Currently concentrate is discharged to the Indian River
Lagoon where it is commingled with the waters of the intra coastal waterway and disposed This
pr�ect will provide for the concentrate (initially 750,000 gallons per day and ultimately 2 25 mgd) to be
rerouted to the Bent Pine Rapid Infiltration Basin (RIB ) site At that point the concentrate will be
discharged into the RIB basin and mixed with stormwater withdrawn from the Indian River Fauns
North Relief Canal. The stormwater/concentrate mixture will be routed through the RIB basin to allow
sedimentation of solids and nutrient removal from wetland plants A portion of the mixture will be
withdrawn from the R11B site and supplied to golf courses for irrigation The remainder will be
discharged into the Lateral G Canal Approximately four miles of 16 " PVC water main has been
constructed from the North County R O Plant south along 58th Avenue to the 57th Street
right-of--way to the RIB basin during Phase 1 of this Project The second phase will involve
constructing a pumping station on the west side of the RIB site for mixing stormwater with
concentrate and routing through the reclaimed water system and the manmade wetlands system A
32 acre wetlands system will be developed downstream of the pump system within the RIB site
Another pump system will be developed downstream of the wetlands for routing treated effluent
through the reclaimed water system or discharging excess into the North Relief Canal
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SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003_2004
3:
EVALUATION FACTOR related to questions B-2 and B-3 :
Will the project implement new or innovative procedures or technology which can serve as a
demonstration, pilot project, or source of useful data for water resource management? 1 - 10 points .
Based on rater 's assessment of the degree of innovation being proposed or the utility of data
generated by the project, with greater innovation or usefulness of data getting more points.
4. Project location (address or description) The County's North Regional R O Water Treatment
Facility is located at the northwest corner of 58a` Avenue and 77 h Street The onsite
concentrate/stormwater recovery and manmade wetlands facility shall be located at the northwest
corner of the North Relief Canal and the Lateral G Canal (present location of the County's Wastewater
RIB site) .
County(ies) in which project is located : Indian River
EVALUATION FACTOR related to question B4 :
Is the project in an area identified by the SJRWMD Water Supply Assessment as a priority water
resource caution area or a delineated area? This will be determined for you by SJRWMD staff.
0-5 points . Yes, inside caution area = 5, Yes, inside delineated area = 3;
No, outside caution area and/or delineated area = 1.
5. Projected schedule
Projected starting date: month January year 2004; completion date: month October year 2004 .
(Funds received through this program may be used only for projects constructed after a cost-sharing
contract has been executed and may not be used to reimburse the cost of existing structures or
structures already under construction. Cost-sharing contracts probably will be executed by March 2004 .
Projects must be completed within 18 months of contract execution . )
6a. Will water from this project directly take the place of an existing or proposed withdrawal
from a higher quality water source? Yes® No [:]
If yes, identify the source and quantity of higher quality water to be replaced.
Floridan aquifer . . . . . . . . . . . . . . . . . . . . . yes® noo ; 525 . 6 million gallons per year; 1 . 44 mgd
Surficial aquifer . . . . . . . . . . . . . . . . . . . . . yes® no0 ; 525 . 6 million gallons per year; 1 . 44 mgd
Surface water . . . . . . . . . . . . . . . . . . . . . . . . yes❑ noK- million gallons per year, mgd
If surface water, state name of water body.
6b. What is the cost per million gallons of potable water savings per year and per mgd ? (Show
how number was derived . ) $ 4. 047. 120 per year/$ 11 088 per day based on 1 , 051 . 2 million gallons
per year charged at the average rate of $ 3 . 85 per 1 , 000 gal
A-4
l SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003-2004
EVALUATION FACTORS related to question 114 .
a. Will water from this project directly and effectively take the place of an existing or proposed higher
quality water source? b . Will the project be cost effective? 0-20 points . Based on rater 's assessment of
the effectiveness of the project at saving potable water and apparent relative cost-effectiveness.
Because of the great variation in types of projects, calculations of cost-effectiveness for widely
dissimilar projects, such as urban reuse and agricultural freeze protection ponds, will not be directly
compared
Does the project contribute to recovery of violated minimum flows or levels? This will be determined for
you by SJRWMD staff. 0- 10 points . Yes = 10; No = 0.
7. Does the project provide other water resource benefits in addition to water supply, such as
improving or protecting ground or surface water quality, increasing recharge, or conserving
water? Yes_X No
If yes, then describe benefits . You may add a one-page attachment behind this page if necessary.
Mixing R. Q . concentrate water with stormwater and reusing as reclaimed water will reduce
concentrate and stormwater being released into the Indian River Lagoon.
EVALUATION FACTOR related to question B4 :
Does the project provide other water resource benefits in addition to water supply, such as improving
or protecting ground or surface water quality, increasing recharge, or conserving water? 0- 10 points .
Based on rater 's assessment of the extent and significance of additional benefits.
8. Is the project being undertaken in response to enforcement actions taken against the applicant
because of failure to comply with permit conditions or other regulations? Yes® No [:]
If yes, identify the agency and regulatory program.F .D . E .P . - N.P .D .E . S .
EVALUATION FACTOR related to question rB4 .
Is the project necessary to comply with an enforcement action by a local, state, or federal agency?
Enforcement action = 0; Otherwise = 10.
9. Is the applicant currently in violation of any local, state, or federal regulations ?
Yes No
If yes, provide explanation.
A-5
SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003-2004
P
d
10. Has the project been submitted before? YesN No[:]
Has the current application for subsequent funding to a phased multi-year project been previously
funded under this program? YesN No [:]
If yes, was the previous phase indicated to be a part of a multi-year project at the time of application?
YesN No[:]
Is the proposed project part of a master water or wastewater plan? YesN No[:]
If yes, attach a copy of relevant page(s) of the plan behind this page.
11. Is the project a cooperative effort with one or more other organizations or agencies, other
than the applicant and SJRWMD ?
YesN No[:]
If yes, list other participants and what each one contributes to the project . You may add a one-page
attachment behind this page if necessary.
Indian River County is working in conjunction with the City of Vero Beach and Indian River Farms
Water Control District to achieve the same means .
EVALUATION FACTOR related to question 1141 :
Is the project a cooperative effort with one or more other organizations, agencies, or governmental
entities? 1 - 10 points . Based on rater 's assessment of the level and significance of supportprovided by
other parties, with greater support getting more points.
OTHER EVALUATION FACTORS
1 . Rater' s evaluation. 0-10 points . Rater 's overall assessment and other relevant factors not
specifically addressed elsewhere.
2. Has the applicant followed directions as instructed in preparing the application? [-5 ]-0 points .
Points will be taken away from an applicant ' s score for failure to follow directions . Noncompliance,
and/or the applicant included a large amount of unnecessary information = (-1 — -5) ; the applicant
followed directions and included just the relevant information required = 0.
C. Supporting Materials. Attach the following items to this application form and check the
appropriate boxes . (Additional information may be requested if needed . )
A-6
SJRWMD Alternative Water Supply Construction Cost-Sharing Application Form 2003_2004
1 . Project budget summary. Provide a one-nage project budget summary listing project
expenses by major categories .
2. General specifications and plans. Submit a generalized sketch with enough detail that the
evaluating committee will understand what is to be constructed and a one-page written summary
of sizes and capacities of the project and major components . Fit all drawings on 8 '/z" by 11 "
paper. Detailed engineering plans may be requested later if needed for further project evaluation.
Do not send color graphics unless they will reproduce satisfactorily in black and white.
3. Location map. Clearly indicate the location and extent of the project and whether it crosses
water management district jurisdictions . Use an 8 '/2" by 11 " format . Show highway intersections
or other recognizable landmarks for orientation. The map may be a photocopy of part of a
county road map or USGS topographic map . Do not send color graphics unless they will
reproduce satisfactorily in black and white.
D. Interdistrict Impacts. If the proposed project crosses water management district boundaries
or serves more than one water management district, provide a one-page summary of the effects
that the project will have on water resources and water users within each district . Include the
following information, at a minimum:
• The amount(s) of water that will be transported across the district boundary
• The locality from which the water will be taken
• The utility and/or users who will receive the water
E. Utilities Only. The Florida Legislature requires utilities receiving funds through this program
to meet several specific conditions concerning rates and consistency with comprehensive plans
and requiring mandatory hookups to public reuse distribution systems . In order for SJRWMD to
assess whether individual utilities meet the legislative requirements, utility applicants must attach
the following items to their applications :
1 . Rate schedules. A copy of the rate schedule for each water, wastewater, and reclaimed
water utility service operated by the applicant in the service area where the proposed project
is located.
2. Certification of compatibility with local comprehensive plan. A letter from the local
city or county land use planning authority, certifying that the project is consistent with the
local comprehensive plan. (Do not include plan excerpts .)
3. Reuse ordinance (government-operated utilities only). A copy of an ordinance that
requires water users to take reclaimed water where available and appropriate for their use .
Signature of person with authority to enter into a contractual agreement.
A-7
SJRWMD Alternative Water Supply Construction Cost -Sharing Application Form 2003_2004
I certify that all information on this form and the attached documents is true and correct,
Nam Title Chairman, Indian River County Bd . of Ctv Com
Date September 16 , 2003
APPROVED :
ounty Admin ' ator
APPROVED AS TO FORM Indian !fiver Co . � Approved ' - �) ; it ��
AND . E A SUFFICIENC,, Administration
Utilities - t
BY BudgetH "
MARIAN E . FELL
AS ISTANT COUNTY ATTORNEY
Risk Manager
A-8
Intro ducti on/Overview
Indian River County operates two water treatment facilities. Both facilities obtain raw
water from the Floridan Aquifer. This raw water requires treatment in order to meet
Federal Safe Drinking Water Act regulations . Indian River County utilizes state-of.
the-art membrane technology to remove undesirable constituents, mineral im f
tie
and/ or organic compounds . Both the South and North County facilities incorporates.,
ncorpoates�
nanofiltration membranes to remove undesirable particles in the raw water such as
bacteria, algea, clays, silts, cysts, Giardia , Cryptosporidium, viruses, hardness,
sodium, and chlorides . Nanofiltration is a Iow-pressure process that also softens the
water and removes disinfectant by-products .
Approximately eighty percent (801/0 ) of the groundwater obtained from the raw water
well systems is recovered in the membrane process and used in the potable drinking
water system . The remainder, approximately twenty percent (20 % ) of the raw water
obtained from the well systems, is regulated by the Florida Department of
Environmental Protection (FDEP) and termed concentrate. The concentrate flow i
treated at each facility by disinfection (chlorine injection) , air injection and static s
mixing. Hydrosulfide and chlorine are removed prior to discharge to disposal .
Concentrate from the South County plant is discharged to the South Relief Canal, a
Class III water body, which flows into the Indian River, a Class III marine water body.
The North County plant discharges directly to the Indian River, a Class III marine
water body, at the County Road 510 bridge. For comparison purposes, total dissolved
solids in well water and concentrate are typically 700 and 3,500 mg/ 1 , respectively.
Salinity of the Indian River Lagoon and Atlantic Ocean are typically 20, 000 and 35, 000
mg/ 1, respectively .
Discharges from both facilities are monitored and analyzed routinely according to
FDEP permit requirements . Indian River County is currently in the process of �
renewing the concentrate disposal permits at both facilities . The Environmental
Protection Agency has been reviewing discharges such as these and is currently
formulating legislation retarding this issue . FDEP and water management districts
are currently struggling with the issue throughout the state. Indian River County, in
keeping with their mission statement: " to utilize all water resources in a sustainable
and cost- effective manner" , authorized Camp Dresser & McKee Inc. (CDM) on
December 7, 1c999 to review current sampling g
disposal options . The Cefforts and investiate alternative
ounty hopes that this report may result in conservation of our
valuable resources . CDM' s work authorization and report are broken down as
follows :
Section 1 : Existing Treatment System/ Issues
Section 2 : Existing Water Quality Data/ Techniques
Section 3 : Alternative Disposal Options
Section 4 : Concentrate Team Meetings
Section 5 : Recommendations
CIM Camp Dresser McKee Inc.
' 1
issws.axnnoroo
11iUld/ 1 r % IVCr t VWJIY Ubt)tles
Concentrate Disposal options
UAB Response.
The UAB decided against pursuit of this option in lieu of other potential options at the
May 4, 2000 meeting.
3 . 4 Stormwater Mixing
Concentrate may be diluted with stormwater for disposal . Mixing the concentrate
with stormwater would require that the stormwater system be available for
connection. Possible problems include retention volume, mixing ratio and reliability
of stormwater volumes . 0 Since concentrate production is constant, a consistent supply
of stormwater would be required for diluting purposes . This option may be
advantageous during wet weather.
UAB Response :
The UAB recommended this option be pursued as an option once the Stormwater
Plaster planning efforts are underway. Further discussions with Indian River Farms
Water Control District are necessary .
3 . 5 Reuse Mixing
Mixing reuse water with concentrate and disposing the product through the reuse
water distribution system is another possible solution. The concentrate water would
have to be blended with reuse water at a ratio that would allow the water to be land
applied for irrigation purposes . Possible problems would include possible vegetation
intolerance to saltier water and the availability of reuse volume for dilution purposes .
Also the possible gradual buildup of salts in the areas of discharge may become a
problem . See Figure 1 .
UAB Response :
The UAB believes this option in conjunction with other possible options will be the
most immediate and viable means of diverting concentrate from the North County
plant and current discharge point. A pilot study at a nearby golf course pond is
recommended prior to full scale implementation.
3 . 6 Disposal to North VVVVTP
The North County WWTP is a one million gallon per day wastewater treatment plant.
See Figure 2 . The concentrate could be diverted to the plant, mixed with the influent,
and treated and disposed as the North plant' s effluent. The plant would only be able
to take a portion of the 600, 000 gallons per day of concentrate produced at North
County facility . The rest of the concentrate would have to be disposed in another
manner.
UAB Response :
The UAB recommended 'not to pursue this option at the May 4 meeting since salts
pass through the treatment process .
CDM Camp Dresser & McKee Inc. 7
b»oe.eW 1110M
Brine to North Relief Canal Project Budget Summary
16" Brine Line-21 , 120 L . F . $ 17500 , 000 . 00
Wetlands Development $ 300 , 000 .00
Pumping Station at North Relief Canal $ 500 , 000 . 00
Mechanical Aerator Mixing Basin $ 5009000 . 00
Pumping Station at 10 MG Basin Tailworks $ 500 ,000 .00
CONSTRUCTION SUBTOTAL $ 31300 , 000 .00
15% Contingency $ 4953000 .00
CONSTRUCTION TOTAL $ 3 , 7951000 .00
Engineering , Permitting and Inspection (14 . 6% Construction Total) $ 554 , 070 . 00
PROJECT GRAND TOTAL $ 41349 ,070 .00
NORTH COUNTY
RO PLANT 1
77TH ST
ROPOSED 16 " PVC
RO CONCENTRATE MAIN
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ING710
57TH STof
ItMECHANICAL AERATORMIXING BAST
NORTH RELIEFCANAL
XISTING
CONTROL STRUCTURE
INDIAN RIVER COUNTY NORTH COUNTY R / 0 DRAWING
DEPARTMENT OF
N0,
UTILITIES SERVICES +� +� BRINE PROJECT E - 1
RI
North County Brine Protect Description
The main purpose of the North County Brine Project will be to redirect the R. O . demineralization
concentrate from directly discharging to the Indian River Lagoon and utilize as a resource to mix
with stormwater at a sedimentation basin. The mixture of stormwater/concentrate will be sold to
golf courses in the form of reclaimed water to help supplement irrigation. The portion of
stormwater/concentrate not utilized for irrigation will be routed through the sedimentation basin
and discharged into the North Relief Canal where it will ultimately flow into the Indian River
Lagoon
The first phase of the project will entail constructing four miles of 16" PVC pipe from the North
County R. O . Facility to the Bent Pines Sedimentation Basin. Construction of the 16" concentrate
brine line has been completed. The 16" concentrate main construction initiated at the North
County R. O . Facility and proceeded south along Kings Highway two and one-half miles to 57`h
Street then turned east for one and one-half miles to the sedimentation basin. The second phase
of the project will involve plumbing the concentrate piping at the basin site such that brine can be
either mixed with stormwater from the North Relief Canal, or discharged into the North Relief
Canal during periods of low stormwater availability or low reuse demand .
Stormwater will be conveyed from the North Relief Canal to the to the mechanical aerator mixing
basin through a 24" diameter pipe. Energy will be provided through three (3) 300 h.p . vertical
turbine pumps .
The concentrate/stormwater mixture will be routed through the 10 million gallon sedimentation
basin where it will undergo additional mixing and natural attenuation. The mixture will be
extracted at the end of the sedimentation basin and pumped into the reuse system with three (3 )
300 h.p . variable frequency drive pumps .
The estimated construction costs are as follows :
16" Brine Line-21 , 120 L . F . $ 1 , 500 , 000 . 00
Wetlands Development $ 300 , 000 . 00
Pumping Station at North Relief Canal $ 500 , 000 . 00
Mechanical Aerator Mixing Basin $ 5002000 . 00
Pumping Station at 10 MG Basin Tailworks $ 500 , 000 . 00
CONSTRUCTION SUBTOTAL $ 3 , 3001000 . 00
15% Contingency $ 495 , 000 . 00
CONSTRUCTION TOTAL $ 3 , 795 , 000 . 00
Engineering , Permitting and Inspection (14 .6% Construction
Subtotal) $ 554 , 070 . 00
PROJECT GRAND TOTAL $ 473491070.00
� STORMWATER - -
REUSE PRODUCT�
oil
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STORMWATER BRINE REUSE PRODUCT
Cl CONCENTRATION (PPM) DAILY FLOW (MGD) CI CONCENTRATION (PPM) DAILY FLOW (MGD) CI CONCENTRATION ( PPM) DAILY FLOW (GAUDAY) STORMWATER
TO BRINE RATIO
400.00 12 ,000,000.00 11300.00 750,000.00 452 .94 12 ,750,000.00 16
300.00 201000 ,000.00 11300.00 750 ,000.00 336. 14 20, 750,000.00 26.66666667
200.00 28,000,000.00 11300.00 750,000.00 228. 70 28, 750,000.00 37 .33333333
100.00 361000 ,000.00 11300.00 750,000.00 124.49 36, 750,000.00 48
Reuse Chloride
Concentration Vs . Storm Water Flow
500.00
450.00 .
c 400.00 ku `
350.00
3
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O 250.00
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150,00
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U 50.00 < r „.
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0.00 51000,000.00 10,000,000.0 15,0001000. 0 20,000,000. 0 25,000,000.0 30,000,000.0 35,000,000.0 40,000,000.0
0 0 0 0 0 0 0
Stormwater Flow
(GPD)
BOARD OF COUNTY COMMISSIONERS
1840 25th Street, Vero Beach, Florida 329604365
�� CD
Telephone: (772 ) 567-8000 4
September 4 , 2003 �LpRIQA
Elizabeth Thomas , P . E . , DEE
St. Johns River Water Management District
P . O . Box 1429
Palatka, FL 321784429
RE : BRINE TO BENT PINE RIB SITE PROJECT
Dear Ms . Thomas :
The purpose of this letter is to express the Community Development Department ' s support for the above-
referenced project. The referenced project conforms with Objective 4 ofthe County ' s Comprehensive
Plan-Sanitary Sewer Sub-Element by providing more reclaimed water to existing and future developments
requiring irrigation.
Should you have any questions , please contact this office at (772) 567- 8000 , extension 1243 .
Sincerely,
r
Randy Deshazo
Planner, Long-Range Planning
cc : Robert M . Keating, AICP , Community Development Director
Stan Boling, AICP , Planning Director
Sasan Rohani , AICP , Chief, Long -Range Planning
Michael Hotchkiss , P . E . , Capital Projects Manager
f: \cd\u\randy\utilities bent pine letter of recommendation2 . wpd
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RESOLUTION NO , M 58
A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA ,
ADOPTING RATES , FEES , AND CHARGES FOR THE
DEPARTMENT OF UTILITY SERVICES , PURSUANT TO THE
AUTHORITY OF ORDINANCE NO . 91 "9 .
WHEREAS , Indian River County operates a Department of Utility Services , which
is funded without contribution from the ad valorem tax fund of the Count and '
to support itself from rates , fees , and charges paid by the customers y Is required
and of the utility system ;
WHEREAS , Ordinance No . 91 . 9 authorizes the imposition by the Department of
Utility Services of certain rates , fees , and charges to support the operation of t
Department in a fair and equitable manner; and he
WHEREAS , Ordinance No . 92 -35 requires an annual review of user charges and
notice of rates ; and
WHEREAS , it is necessary to amend the existing rate resolution to keep the
Department of Utility Services on a sound financial footing ;
NOW , THEREFORE , BE IT RESOLVED BY THE BOARD OF CO
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA , that : LINTY
1 . The Schedule of Rates , Fees , and Charges described on Exhibit "A" is her
adopted for use by the Department of Utility Services effective October 1 , 1999 eby,
2 . Rates , fees , and charges will be reviewed on an annual basis be innin
from the effective date of this resolution . 9 gone year
The resolution was moved for adoption by Commissioner
motion was seconded by Commissioner , and the
the vote was as follows : — . , and , upon being put to a vote ,
Chairman Kenneth R . Macht Aye
Vice Chairman Fran B . Adams Aye
Commissioner John W. Tippin Aye
Commissioner Ruth M . Stanbridge Aye
Commissioner Caroline D . Ginn Aye
aAr
The Chairman thereupon declared the resolution duly passed and adopted this
22nddayof June , 1999
BOARD OF UNTY C MISSIONERS
Atte J . K. Barton , Cler INDI IVER COUN FLORIDA
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ty C k Kenneth R . Macht
PAIR�Ia tJI � 1DGELY Chairman
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Attachment : Exhibit "A"
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SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES
Bulk Water
Billing Charge - Per Account Per Month
51. 29
Base Facility Charge Where Lines are Available
- Per ERU
56. 19
Base Facility Charge Where Capacity is Reserved,
But Lines are not Available - Per ERU
S3. 10
Volume Charge - per 1 , 000 gallons Water Meter Basis
52. 63
Excess Volume Surcharge - Greater than 7600 gallons per month-
Per ERU *
' Surcharge for bulk users will apply to flow exceeding total capacity
reserved by bulk user in all meters.
54. 45
Bulk Sewer
Billing Charge - Per Account Per Month
S 1 .29
Base Facility Charge Where Lines are Available
- Per ERU
S13, 41
Base Facility Charge Where Capacity is Reserved ,
But Lines are not Available - Per ERU
S6. 71
Volume Charge - per 1 , 000 gallons Water Meter Basis
Volume Charge - per 1 , 000 gallons Sewer Meter Basis 52. 63
52. 98
Excess Volume Surcharge = Greater than 7600 gallons per month-
Per ERU *
' Surcharge for bulk users will apply to flow exceeding total
capacity reserved by bulk user in all meters.
54. 45
Excess Sewage Strength Charge
Sewage Charge X Ratio of Total
Dissolved Solids or Biochemical
Oxygen Demand in Milligrams
per liter/250.
Excess Sewage Strength Charge Applicable to Customers
Required to Use Greasetraps but who have obtained a
Variance due to hardship or financial unfeasibility
Sewage Charge •
Reclaimed water - rce 1 , 00o gallons
S 0. 15
Sludee andSentaee Rates ( b)
Charge per 1 , 000 gallons (a)
Charge per wet ton ( a ) IS30, 82
S 7. 51
Notes :
(a) Recommended rates assume domestic sludge with solids
concentrations of between . 5 and 2. 0 percent.
(b) Costs incurred by County to sample, monitor and/or test wastes
to verify solids concentrations, metals, content, etc. or additional
costs incurred to handle or dispose of wastes with high metal
concentrations or other nondomestic waste characteristics should be
recovered from the users discharging the wastes in addition to the
above charges based on formula ' s available in the Department of Utility Services.
FEES M11) Lt1Atctsaa
CAPACITY CHARGE
Water - Per ERU
Water Treatment S 320. 00
Water Transmission S 98
Total 980, 00
S1 ,300. 00
Sewer - Per ERU
Wastewater Treatment
Wastewater Transmission 529087. 00
Total 500
52,796. 00
Line Extension Charges
Main Extension - Water
Per foot measured along front of property served. 511 . 25
Main Extension Sewer and Sewer Laterals
Per foot measured along front of property served. S15. 77
(Note : Charge doubles if service available on one side only,
minimum of 50 feet per ERU, 'maximum of 100 feet per ERU)
OTHER CHARGES
Deposits - Required Upon Onenine Transferrine or Reconnecting Service
Residential and Commercial - Per ERU S50000
Hydrant Meter
5345. 00
Interest Rate paid on Deposits . 00208 % per month
2. 5 % per year
Charge for Returned Check
S20, 00
Issuance of Duplicate Bill S 1 . 50
Sewer Tap
Cost plus overhead
_Meter Replacement
5/8 Inch
5100. 00
I Inch 5125. 00
1 - 112 Inch
S300. 00
2 Inch or Larger
Cost plus overhead
Meter Removal
5/8 Inch
S30, 00
1 Inch
S30. 00
11 /2 Inch and larger
S40, 00
Water Service Connection
5/8 Inch Meter
` S400. 00
1 Inch Meter
S460. 00
1412 Inch Meter
5810. 00
Larger than 14/2 Inch Meter
Cost plus overhead
3
SCHEDULE OF WATER AND SEWER RATES, FEES AND CHARGES
Sewer Service Connection
Residential
Commercial and Other S500. 00
Cost plus overhead
Paved Road Cuts
Cost plus overhead
Road Jacking and Boring (5200 minimum)
Cost plus overhead
Grass Restoration (5200. 00 minimum)
Cost plus overhead
Unauthorized use of Fire Hydrants
S115. 00
Other and Extraordinary Services
Cost plus overhead
Meter Installation
5/8 Inch Meter
5130. 00
1 Inch Meter
5250. 00
1 - 1R Inch Meter
S500. 00
2 Inch Meter
Cost plus overhead
3 Inch Meter and larger
Cost plus overhead
Fire Hydrant Meter
S25, 00
Water Service Reconnection
During Working Hours
S25. 00
After Working Hours
535. 00
Meter Rereads and Leak Inspection
520. 00
Delinquency Charge
52 . 00 plus 1 . 5 % per
month
General Service Calls
Cost plus overhead
Meter Test
5/8 Inch Meter
525. 00
1 Inch Meter
525. 00
1 - 1R Inch Meter or larger
Cost plus overhead
Damage Repair
Cost plus overhead
Line Location
Cost plus uverhead
Eneineerin Services
Site Plan Review - Under 40 Units and Without Lift Station
Cost plus overhead
(550. 00 minimum)
Site Plan Review - Over 40 Units and With Lift Station
Cost per overbead
(5150. 00 minimum)
Inspection Fee:
Water Per Connection
Sewer Per Connection S 25. 00 (550. 00 after hours)
S 25. 00 (550. 00 after hours)
Hydrant Flow Test
S60. 00
' Fire Protection Charge - per hydrant/year
5170. 00
Utility Master Plan Revisions required by requested changes to the Indian
River County Comprehensive Plan shall be paid by the Applicant
requesting the change.
Cost plus overhead
FRANCHISE CHARGES
Application Fees
Cost plus overhead
S 50. 00 minimum
Establish Franchise
Cost plus overhead
519100. 00 minimum
Franchise Name Charge
Cost plus overhead
5115. 00 minimum
Franchise Territory Charge
Cost plus overhead
Change of Ownership • S115. 00 minimum
49 ERU' s or Fewer
Cost plus overhead
S115. 00 minimum
50 ERU' s or More
Cost plus overhead
5300. 00 minimum
Rate Hearing :
49 ERU' s or Fewer
Cost plus overhead
5300.00 minimum
50 ERU ' s or More
Cost plus overhead
5575. 00 minimum
Public Hearing
Cost plus overhead
5115. 00 minimum
JS/s m n
schedule/msw
INDIAN RIVER COUNTY FLORIDA
Water
Billing Charge - Per Account
S 1 . 29
Base Facility Charge :
Where Lines Are Available-
Single-Family (per ERU)
Manufactured Home 0. 85 (per ERU) 57. 76
Multi-Family 0. 85 (per ERU) 56. 60
Commercial (per ERU) 56. 60
57. 76
Base Facility Charge :
Capacity is Reserved But Where Lines Are Not Available-
Single-Family (per ERU)
Manufactured Home 0. 85 (per ERU) 53. 88
Multi- Family 0. 85 (per ERU) S3.30
Commercial (per ERU) 53.30
53. 88
0 to 3, 000 Gallons Per Month Per Connection
Per 1 , 000 Gallons
S2. 20
39001 to 71000 Gallons per Month Per Connection
Per 1 , 000 Gallons
52. 42
Over 7, 000 Gallons Per Month Per Connection -
Per 1 , 000 Gallons
SISS
Greater than 13, 000 Gallons Per Month Per ERU -
Per 1 , 000 Gallons
S7. 70
Sewer
Billing Charge - Per Account
S1 .29
Base Facility Charge Where Lines Are Available -
Single-Family (per ERU)
Manufactured Home 0. 85 (per ERU) 514. 58
Multi-Family 0. 85 (per ERU) S12. 40
Commercial (per ERU) 512. 40
S14 , 58
Base Facilities Charge Where Capacity is Reserved But Lines Are Not Available -
Single-Family (per ERU)
Manufactured Home 0. 85 (per ERU) S7. 29
Multi-Family 0. 85 (per ERU) S6920
Commercial (per ERU) 56. 20
57. 29
Volume Charge Per 19000 Gallons 42, 000 Gallons Per Month Maximum for
Single-Family & Manufactured Homes, individual meters
S2. 86
Multi-Family Mastcr-metered & Commercial
i
0 to 13 , 000 Gallons - billed water flow
Above 13, 000 Gallons - billed water flow S2. 86
54. 29
1
i SAI NARY SERER AND POTABLE WATER REGULATIONS
4 918 . 04
CHAPTER 918 ' SANITARY SEWER. AND only, where those septic tanks are approved by
POTABLE WATER REGULATIONS the county environmental health and utilities de.
Sec. 918 . 01 . Short title. partments , and where consistent with the connec-
Sec. 918 . 02. Purpose and intent. tion regulations set out in section 918 . 05 below.
Sec. 918 . 03 . Definitions.
Sec, 918 . 04 . Sanitary sewer and potahle water regulabams (3) When effluent reuse is required and per*
Ser. 918 . 05 , water and wastewater connection mitted by the department of environmental reg-
requirements for new developm-cmL ulation' and the county e utilities department, de-
Section 9I8 . 0Ivelopers of projects having open space areas
. Short title. utilizing or projected to utilize ten thousand
This chapter shall be known as the "Sanitary ( 10 , 000) gallons or more water per day on a peak
Sewer and Potable Water Regulations Ordinance. " day for irrigation , including golf courses , parks ,
(Ord . No . 90- 16 , § 1 , 9- 11 .90) medians , and other such areas , which are located
within a county utility department service area
Section 918 . 02 . Purpose and intent, and are within one mile of the nearest effluent
line containing irrigation quality effluent, shall
The purpose of this chapter is to provide for the construct effluent re-use lines on - site and effluent
implementation of the land development related reuse lines offsite to connect to treated waste.
policies of the sanitary sewer and potable water water to be used for spray irrigation of the open
sub-elements of the comprehensive plan. Other space areas within the development project .
policies of the sanitary sewer and potable water
sub-elements requiring ordinances for implemen- Such large volume irrigation users shall be re.
tation will be included in the utilities ordinance quired to take reuse water for spray irrigation .
in Title II of the Code of Laws and Ordinances In The effluent reuse lines constructed for treated
the case of duplication between the provisions of wastewater shall be dedicated to Indian River
this chapter and the utilities ordinance in the Title County.II, the provisions of the utilities ordinance will Developments
located more
govern , than one mile from
the nearest irrigation quality effluent line and
(Ord . No . 90 - 16 , § 1 , 9- 11 . 90) having open space areas requiring irrigation shall
install dry lines if they are within the county utile
Section 918 . 03 . Definitions . ities department service area and irrigation
All terms defined in Chapter 901 , definitions , quest' effluent water is or will be available for
are applicable in this chapter. re-use .
(Ord . No. 90- 16 , § 10 9- 11090) (4 ) Regional potable water service will be lime
Section 818 . 04 . Sana lted to the service areas shown on Figures 3 . 13 . 7 ,
tary sewer and potable 3 .13 . 8 , and 3 .B . 9 of the potable water sub-element
water regulations, of the Indian River County Comprehensive Plan ,
( 1 ) Single4a.mily dwelling units and nonresi- and to areas where the county has legal commit-
dential projects utilizing less than two thousand ments to provide facilities and services as of Feb-
(2 , 000) gallons of potable water per day may use rnary 13 , 1990 ,
Private wells where such wells are approved by Regional sari
mited
regulatory agencies including the county environ- to the service areas shown on figuresewer service s 3 8be �3A. 9 ,
mental health department and utilities depart, and 3A10 of the rani
merit in accordance with the connection sanitary sewer sub-element of
tions set out in section with
the below. regula the Indian River County Comprehensive Plan , and
to areas where the county has legal commitments
(2) Singlefamily dwelling units and nonresi- to Provide facilities and services as of February
dential Projects generating less than two thou- 139 1990 .
$and (2, 000) gallons of wastewater per day may
existing
Utilize septic tanks for disposal of domestic waste (5) ' N0°n -site wastewater treatment
systems or water treatment systems may be re-
Supp. No. 8
918{1