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HomeMy WebLinkAbout2007-307 Contract 4SL318YA AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY FOR CONTROLLING ABANDONED ARTESIAN WELLS THIS AGREEMENT is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the District'), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("the County"), whose address is 1801 27`h Street, Vero Beach, Florida 32960 . WITNESSETH THAT: WHEREAS, the 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 Indian River County; and WHEREAS, pursuant to section 373 .207( 1 ), Fla. Stat., the Florida legislature has directed the water management districts of the state to locate all known abandoned artesian wells, and to ensure that each well is properly controlled; and WHEREAS, the District has established a cooperative program, known as the Abandoned Artesian Well Plugging Cost Share Program ("the Program"), for the purpose of locating and plugging abandoned artesian wells, and WHEREAS, the County is a public body and is empowered to enter into an agreement with the District for the purposes of conserving and protecting water resources in Indian River County, Florida; and WHEREAS, the District has determined that its needs will be best served by entering into a cooperative, cost-sharing agreement with the County for the purposes stated herein . NOW THEREFORE, in consideration of the premises, which are made a part of this agreement, and the mutual covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto, each intending to be legally bound, agree as follows. ARTICLE I - TERM A. Term . The term of this Agreement shall be from the Effective Date to the Completion Date. 1 . Effective Date. The Effective Date of this Agreement shall be the date upon which the last party to this Agreement has dated and executed the same; provided, however, that in the event a date other than the aforesaid is set forth below in this section, that date shall be the Effective Date . In lieu of the aforesaid Effective Date, the Effective Date of this Agreement shall be October 192007. 2 . Completion Date. The Completion Date of this Agreement shall be no later than September 30, 2010, unless extended by mutual written agreement of the parties. All Work under this Agreement shall be completed for use no later than the Completion Date. 1 of 9 Contract 4SL318XA B . Time is of the Essence. The Commencement Date and Completion Date are essential conditions hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where additional time is allowed for the completion of the Work, the new time limit shall also be of the essence. ARTICLE II - STATEMENT OF WORK The purpose of this Agreement is for controlling abandoned artesian wells in Indian River County, Florida, utilizing the services of a Florida-licensed water well contractor. The District and the County each agree to perform the work as specified. Should any change in this work be necessary, the District and the County shall execute an amendment to the Agreement, specifying the change in work, and if applicable, establishing any changes to the funding amount. A. Responsibilities of the Countv: 1 . The County shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to the amount of $20,000 for each fiscal year. 2 . The County shall submit to the District written assurance of availability of funds for each fiscal year on or before September 30 . 3 . The County shall pay the District up to $20,000 each fiscal year for the services of a water well contractor and the materials necessary for controlling abandoned artesian wells in Indian River County, Florida. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the County agrees to seek additional funds for funding fifty percent (50%) of these costs. 5 . The County shall be responsible for locating wells that are to be controlled, and shall complete a Well Investigation Form (Attachment 1 ) for each well and submit the form to the District. 6. The County shall be responsible for obtaining written consent of well owners, authorizing their wells to be plugged by the District. 7. The County shall provide local contact with the public regarding the identification of new wells for the District' s inventory . 8. The County shall provide local coordination of the Program. B. Responsibilities of the District: 1 . The District shall administer the provisions of this Agreement. 2 . The District shall obligate funding for fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to the amount of $20,000 for each fiscal year. 2 of 9 Contract #SL318XA 3 . The District shall submit to the County written assurance of availability of funds for each fiscal year on or before September 30. 4. In the event well abandonment opportunities become available, the cost of which exceeds the funding amount for the current fiscal year, the District agrees to seek additional funds for funding fifty percent (50%) of these costs. 5 . The District shall maintain the services of a qualified water well contractor for the duration of this Agreement. 6. The District shall provide professional and technical support necessary to address all aspects of the work carried out by the water well contractor. ARTICLE III - COMPENSATION A. Amount of Funding. The District and the County agree to pay fifty percent (50%) of the costs of controlling abandoned artesian wells in Indian River County, up to $60,000 each over the entire term of this Agreement, providing funding in the amount of $20,000 for each fiscal year. Fiscal Year: October 1 , 2007 — September 30, 2008 Amount: $20, 000 each Party Fiscal Year: October 1 , 2008 — September 30, 2009 Amount: $20,000 each Party Fiscal Year: October 1 , 2009 — September 30, 2010 Amount: $20,000 each Party Funding for each applicable fiscal year of this Agreement is subject to budgetary appropriation, as provided in ARTICLE V — FUNDING CONTINGENCY. B . Invoicing Procedure. The District shall invoice the County quarterly (on December 31 , March 31 , June 30, and September 30 of each year) for payment of fifty percent (50%) of the amount expended for the controlling of abandoned wells during that quarter. 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., as amended. Nothing herein shall be construed as a waiver of sovereign immunity by any party hereto. B . 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. ARTICLE V - FUNDING CONTINGENCY Funding Contingency. This Agreement is contingent upon funding in succeeding years, which may include a single source or multiple sources, including, but not limited to: ( 1 ) revenues appropriated by the District' s Governing Board in its sole discretion and judgment for each succeeding year; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Should the Work provided for hereunder not be approved, in 3 of 9 Contract # SL3I8XA whole or in part, for funding in succeeding years, the District shall so notify, County, and this Agreement shall be deemed terminated as provided below. ARTICLE VI - PROJECT MANAGEMENT A. Project Managers. The project managers shall be responsible for overall coordination, oversight, and management of the Work. The parties agree to the following persons being designated as project manager: DISTRICT COUNTY Wesley A. Curtis, Project Manager Roland M. Deblois, Project Manager St. Johns River Water Management District Indian River Countv 4049 Reid Street 180127 th Street Palatka, Florida 32177 Vero Beach, Florida 32960 386-329-4252 772-567-8000, ext 1258 E-mail: wcurtis@sjrwmd .com E-mail : rdeblois@ircgov .com B . District Project Manager. The District' s Project Manager shall have sole and complete responsibility to transmit instructions, receive information, and communicate District policies and decisions regarding all matters pertinent to performance of the Work. The District' s project manager shall have the authority to approve minor deviations in the Work that do not affect the Total Compensation or the Completion Date. The District' s Project Manager and, as appropriate, other District employees, shall meet with the County when necessary in the District's judgment to provide decisions regarding performance of the Work, as well as to review and comment on reports. C . Change in Project Manager. Either party to this Agreement may change its project manager by providing not less than three (3 ) working days prior written notice of the change to the other party. The District reserves the right to request the County to replace its project manager if said manager is unable to carry the Work forward in a competent manner or fails to follow instructions or the specifications, or for other reasonable cause. D . Notices. All notices to each party shall be in writing and shall be either hand-delivered or sent via U . S. certified mail to the respective party' s project manager at the names and addresses specified above. All notices shall be considered delivered upon receipt. Should either parry change its address, written notice of the new address shall be sent to the other parties within five (5 ) business days . Except as otherwise provided herein, notices may be sent via e-mail or fax, which shall be deemed delivered on the date transmitted and received. ARTICLE VII - TERMINATIONS A. Termination for Default. This Agreement may be terminated 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 parry, 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 to consult with the other party prior to termination and remedy the default. 4of9 Contract 9SL318XA B . District Termination for Convenience. The District reserves the right, upon ten ( 10) days written notice to County, to terminate this Agreement should sufficient funds not be appropriated to fund the District' s 50% share of the costs of the work. The District shall make every reasonable effort to cancel all orders and contracts related to the terminated work. County shall not be liable under this agreement for funding any work performed after the date of termination or for any materials that were ordered prior to receipt of notice of termination, but that could be returned to the vendor without penalty. ARTICLE VIII - MISCELLANEOUS PROVISIONS A. Assienment and Subcontracts. County shall not assign this Agreement, or any monies due hereunder, without the prior written consent of the District. County shall be responsible for the fulfillment of all work elements included in any subcontracts and shall be responsible for the payment of all monies due under any subcontract. County shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for its own acts and omissions. County shall hold the District harmless from any liability or damages arising under or from any subcontract to the extent allowed by law. B . Attorney' s Fees. In the event of any legal or administrative proceedings arising from or related to this Agreement, including appeals, each party shall bear its own attorney' s fees. C . Audit: Access to Records. The parties agree that each party, or its duly authorized representatives shall, until the expiration of three (3 ) years after expenditure of funds hereunder, have access to examine any of the other party ' s books, documents, papers, and other records involving transactions related to this Agreement. The parties shall preserve all such records for a period of not less than three (3 ) years. Payment(s) made hereunder shall be reduced for amounts charged that are found on the basis of audit examination not to constitute allowable costs. The parties shall refund any such reduction of payments. All required records shall be maintained until an audit has been completed and all questions arising from it are resolved. The parties will provide proper facilities for access to and inspection of all required records. D. Civil Rights. Pursuant to chapter 760, Fla. Stat., the parties shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. E. 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, have contributed substantially and materially to the preparation hereof. F. Entire Agreement. This Agreement, upon execution by the County and the District, constitutes 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 herein. The County agrees that no representations have been made by the District to induce the County to enter into this Agreement other than as expressly stated herein. This Agreement cannot be changed orally or by any means other than written amendments referencing this Agreement and signed by all parties. G . Governing Law. This Agreement shall be construed and interpreted according to the laws of the state of Florida. 5 of 9 Contract 4SL318XA H. Interest of the Parties. The parties certify that no officer, agent, or employee of the parties has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of the other party to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 1. Non Lobbyina. Pursuant to section 216 .347, Fla. Stat. , as amended, the County hereby agrees that monies received from the District pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other state agency. J . Release of Information. Records of the parties that are made or received in the course of performance of the Work may be public records that are subject to the requirements of chapter 119, Fla. Stat. In the event a party receives a request for any such records, the receiving party shall notify the other party' s project manager within three (3) workdays of receipt of such request Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended . K. Separate Counterparts, This Agreement may be executed in separate counterparts, which shall not affect its validity. L. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Orange County, Florida. M. Waiver of Richt to Jury Trial. In the event of any civil proceedings arising from or related to this Agreement, the County hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings, provided, however, that the parties may mutually agree to a jury trial. Remainder of page intentionally left blank. 6of9 Contract #SL318XA IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, and the County has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT BOARD OF COUNTY COMMISSIONERS By: By: Kirby B . en III, Executive ector, or Designee J ph A. Baird, County Administrator �� ��Z) Date: yp d Date : Nqme prid Title ay� aQQ � (Approved by the Board 9/ 18/07 ) APPROVED BY THE OFFICE "NiegoSr. NSEL Ij Attest: f/7 Stat General Counsel Typed Name and Title APPROVED AS TO FORM Documents attached: AND LEGAL SUFFICIENCY Attachment 1 Well Investigation Form 8Y � WILLIAM L'IA`M G. COLLINS p COUNTY ATTORNEY 7 of 9 ATTACHMENT I — WELL INVESTIGATION FORM GENERAL PURPOSE FIELD INVESTIGATION FORM Reported By: Phone: Well Owner Name&Address : Phone : Well Location: GPS Position: (LanNde) (Longitude) GPS Datum (circle one) : NAD83 WGS84 Aquifer code (circle one): UC SC CF UNK Date of Inspection: Observed By: Cost Share Program discussed: Well Diameter: Well Depth: Taped/reported Blocked @ feet Well Status : (Check All That Apply) Accessible By: Well Head: Condition : Action: Loggability: _Foot _Visible _Capped _Left As Found _Loggable _Vehicle _Buried _Valved _Temp Plug _Site prep required _ATV _Discharge Visible Only _Plugged _Temp Repair Need: (prep work) _Boat _Under powerlines _Other _Flagged or Staked _Logging Van _Unable to locate Not Loggable _Not accessible Well use: _Open Reason: (unloggable) Flow upon arrival gpm Flow wide open gpm Flow as left gpm Recomendation: Owner Keep _ Owner Repair/Abandon _ Not Repairable _ SJRWMD Repair/Abandon Comments: Attach photos 8 of 9 ATTACHMENT 1 — WELL INVESTIGATION FORM PROPERTY LOCATION MAP (from major intersection & to include mileage) N SITE SKETCH (from edge of landmark to well & to include approximate feet) 9 of 9