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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. Page 1 1 I \ a 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 Page 2 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. Page 3 r 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 Page 4 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. Page 5 r 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 Page 6 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 Page 7 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 . Page 8 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 Page 9 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 OZ a U. w C LL BW� Y , By L " LL Kirby B . Gree III, Ex utive Director ;, , „i z Kenneth R . Macht , Chairman � J' zo a Typed Name and Title U) APPROVED BY THE OFFICE OF BCC Approved : 09 - 16 - 2003 a ~ GENERAL COUNSEL A Q ss Stanley J. Nieg As ' tant Gene l Counsel Typed Name and Title Indian Riva Ca Approved Date Admirt, o Legal r ® ^ Budge) W Dept. �; > Risk Mgr. CL 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 . Page 11 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 Page 12 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 Page 13 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 Page 14 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 . Page 15 r r 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 Page 16 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 . Page 18 t 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 r 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 A-3 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 J Q Z W U 0 Q � J = LoQ ~ N Qf 0 W V) F J EXISTING 1 . 5 MI REUSE MAIN - - - - - - - - - 7;LAWE 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 • • • • • • • • m r `� �€RO�J&e�tttr� '�+ ai'e�r.���t� . 5,"`s�?�fl a �,���' � '_ � ��a �"�m� � � • • • ���'�c4s� w�oo��� �La���m���"�a�&� '�.r1' id a '�{v#P flF'W2, .b'"'�f3'r y.r^ 7 P"wY x 1 3 a' '�.r • . . yg t7,33 `� �Mans of • • • • . ���� � � � �ll��s�� � f r4 .i ,n �u �7 F�`yv�a i S -.1�' �p��a � �, ' � xF s - � ��� • $W � i it .Tj fa r' � �'i d 1(t Y ,�[. 2 k���� 9s3 �.� .�'4 M3^1�� �k��� �� Y�r. • • • • rir , r lm�'t�' ' � �1 '��tvb�,..�.�&YEfr�e��aP'Y, ' ,�c�/ '{w �.�y^S. y�y rr 1' ,jd"�,�y�" ,� 1``Y"Nfi� sr�'y�x ya ,� e...�t,�u�t v �p "' y s w> y • • . .ti'nd � Y,�yi�i# �b"Gl: �i fse' �wdippp ��� �as'e,� Vw7i'ee3t 3, uh' ` <L�it - 27N4^ � t�e9 + • • . • . • . • • . • • • . • . . • . • • • as • • • • . • • • . . • • . . • . . • . . • . • • . • • . • • . • . • • • • . • • —__ 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 3 300.00 , O 250.00 E 200.00 M ' --�— 5eriesl 150,00 100.00 .. Wit. a� . . § ,.: � c1 U 50.00 < r „. 0.00 . . S 4; 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 4 ♦ e R A Il rt. r Dom rTIT UTI ISR r• r ' MARS - h1 NRI >f r � >R = � � , a��p ISLAND f ' pRR�TovEFI 1,111 I< O MY < a 1 \ to Si 4 4: ?�„V, •' 51 U �'4x�' i at � - • — � � ^.J ' L sy, J ,1 .. ��, WABASSO l� -a :E dT .• ` 5 ISLAND ��Q` `\ N 7 . 7. . aRy� '• asY 9 ♦fr .SPIV$`. n t — S eR1pcE eLapf� A% asaw LAI. , SEA IT ,.:�.i ORCHID' lit� '� 7 TIT - es yT ESR 7 ISLAND = \, 1 1 TIT • . A u x F:" < < < vF sINd tnt - ? — IT \ Y s a � a e7 WABASSO1 so Cos t y' It h ST 31 33 1 ° ((�( 32 - - - 34 FACIL( ARA E 11� \\ Q V i .0I RIVER `', 11S SLLET RO P'l se , WCIR P OOy 1 IIN! 4 LVDIAN RIL'ER SNORES Ci TV LII, i O CRTY \ AL tL.�Rt .•s LA N0I - - — YORE RDs AR N A l/•�� I lAIRDROL/O! ', R 1 \I. X AAT AO MOeART rp Rol u,:n111 77 ST ' YV < PINE GW , — —•- _ T 31 S INDIAN RIVER s - m uy{. ISLAND 32 S Y J' Y1 _ - HIGHLANDS !e ~ " K 75 alF; q AI TIT t A. . y . < J7ay TR• L t R �'� O ^ e +11 11 Si 0 V t - , • 1 • y • } � •ice \ �; . 1 6 5 COPELANDS y r r LANDINGHOLE _ y CEMETERY RD 11 ST , I IN �EA- ("� <3�, . 1 THE \J WINTER = . - WALL t "'' f BEACH I das ISLAND N R1NiF4 .,.�J. �u RE >`x/ " r' �• 815 N Q 613 �i 'il 'u AT( =_il 51 1 s, .,1 TIT S II n SI St Orr r l d;?. .� O 11^ OOC 1_ da Nc J 40 6S S, �2 a �I " \ \ i — dI �2 10 � �� � SI ' ^1I -II ii I KINGSLAKE R Q ad, i eu IP, 3 ST ' adI EI Sr sl LR "CAN GROVE RD 1 " U " I PL 1R t'1—� 1 1 KING - S MUS 'tQ cost LAND ra p 4N � ♦ �V fj{ STORM _ GROPE I RO SI Si s ST It ST stoRm :Rg . R TI 17 a. :A a SITE 15 , +s cAy s N RELIEF' ,�—• NGjeFRRr RO ___ i1 A L i SJ Sr $T oyl :e�R . • p. . — . — Cr c. V. _. _— . ._ ._ .._ sp 5 , _ A add 5 G < ^ rl - t INDUSTRIAL ILVO a i #Iwo G;iPIDG E N Sart ` > N ii Srlcra. . ..a . Si 11R05!♦ dddd-�. ,,­ddd AO RS Si _ UVOSEV NO .\':1l. 2 I y I 6 • ., - - — ST 19 20 7 142 LAM& w IT _ v x S1 Ii •.' ii , I 7 � i • i .. i !dr LINT P ES T K Ll ^ sI e U=-A { UIL 1410, Y U ST 1f' .1 u i •> si ice- N � ST -4 5: O 1 ST ,1 411 IT tRA• R6 St ` 1 -_ • a .S Si ' — N i ad, 46 C :1 At j ^ !M1 at '! A SS 'n ^ N1 IT ctr_pRn Aa GIFFOR `— •SLAIN � E� �^ A % STI 805 A R 1+ 45 V CyATfl .- 1 WAR a. (\ . r.Ad'w N .L A. :1 ;: � N 3 rL J ; of Y Ga `T 6O RES . a 4/99reso. u5IratosVk 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 r - - ty C k Kenneth R . Macht PAIR�Ia tJI � 1DGELY Chairman ir � ya: . . : • Aopro . cd 02 : 0 - - Attachment : Exhibit "A" Le ; OgL ai / C .: LIVII 666T ` T jagoj3p anilaajj :l Iaqj0 pug saa ,3 Janias pug jajUM jo ainpaq3s sa3in .z9S iln Jo JuamlAudaQ u n o i i) AIII Uvipul 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