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Contract #SI308XA
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 1840
25 `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( l ) , 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 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; and
WHEREAS , the District has determined that its needs will be best served by entering into an
Agreement for services and revenue that can be provided by the County .
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
1 , 2004 .
2 . Completion Date. The Completion Date of this Agreement shall be no later than
September 30 , 2007 , 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 .
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 .
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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 County :
1 . The County shall obligate funding for fifty percent (50%) of the costs of controlling
abandoned artesian wells in Indian River County, Florida, 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 and the costs exceed the
funding amount for the current fiscal year, the County agrees to seek additional funds for
funding fifty percent (50%) of the costs .
5 . The County shall be responsible for locating wells that are to be controlled, completing a
Well Investigation Form (Attachment 1 ) for each well , and submitting the forms 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 Abandoned Artesian Well Plugging
Cost Share Program.
Be 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, Florida, up to the amount of $20 , 000
for each fiscal year.
3 . The District shall submit to the County written assurance of availability of funds for each
fiscal year on or before September 30 .
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4 . In the event well abandonment opportunities become available and the costs exceed the
funding amount for the current fiscal year, the District agrees to seek additional funds for
funding fifty percent (50%) of the 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, Florida, 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 , 2004 — September 30 , 2005 Amount : $20 , 000 each Party
Fiscal Year : October 1 , 2005 — September 30 , 2006 Amount : $20 , 000 each Party
Fiscal Year : October 1 , 2006 — September 30 , 2007 Amount : $20 , 000 each Party
Funding for each applicable fiscal year of this Agreement is subject to District Governing Board
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 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
A. This Agreement is at all times contingent upon availability of District funding, which may
include a single source or multiple sources , including, but not limited to : ( 1 ) ad valorem tax
revenues appropriated by the District ' s Governing Board ; (2) annual appropriations by the Florida
Legislature to the Ecosystem Management and Restoration Fund Trust Fund , as provided for in
Chapters 87 -97 and 96- 176 , Laws of Florida, and Rule 62 -43 , Fla . Admin . Code; and (3 ) an
appropriation by the U . S . Environmental Protection Agency, as provided for in Section 320 (33
USC § 1330) of the Clean Water Act of 1987 .
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B . In the event the District is notified at any time that funds from an external funding source will not
be available , or are no longer available, in whole or in part, the District shall so notify the County
and this Agreement, upon the election of the District, shall be deemed terminated for convenience
five (5 ) days after receipt of such notice or within such additional time as the District may allow .
C . Agreements that extend for a period of more than one ( 1 ) year are subject to annual appropriation
of funds , in the sole discretion and judgment of the District ' s Governing Board, for each
succeeding year . Should the Work not be approved for funding in succeeding years , the District
shall so notify the County, and this Agreement shall be deemed terminated for convenience five
(5 ) days after receipt of such notice , or within such additional time as the District may allow .
D . The District and the County each intend to fulfill their obligations as stated in this Agreement, but
they cannot make commitments in excess of appropriated funds authorized by law and made
administratively available . If either party cannot fulfill its obligations due to funding, this
Agreement may be terminated at the election of either party .
ARTICLE VI - PROJECT MANAGEMENT
A . Proiect 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 County
4049 Reid Street 1840 25 `h Street
Palatka, Florida 32177 Vero Beach, Florida 32960-3365
386-329 -4252 772 -226 - 1258
E-mail : wcurtis@sirwmd . com E-mail : rdeblois@ircgov. com
B . District Proiect 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 Proiect 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 party 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 .
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Contract #SI308XA
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 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 to consult with the other party prior to
termination and remedy the default .
B . Termination for Convenience : This Agreement may be terminated in whole or in part in writing
by the District, provided the County is given : ( 1 ) not less than thirty (30) calendar days written
notice by certified mail , return receipt requested, of intent to terminate , and (2) an opportunity for
consultation prior to termination .
C . If termination for the County ' s default is effected by the District, any payment due to the County
at the time of termination shall be adjusted to cover any additional costs to the District because of
the County ' s default . If termination for the District ' s default is effected by the County, or if
termination for convenience is effected by the District, an equitable adjustment shall provide for
payment of all services , materials , and costs , including prior commitment incurred by the County,
up to the termination date .
D . Upon receipt of a termination action under paragraphs "A" or "B " above , the 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
the County in performing this Agreement, whether completed or in process .
E . If, after termination for failure of the County to fulfill contractual obligations , it is determined
that the County had not failed to fulfill contractual obligations , the termination shall be deemed to
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 VIII - MISCELLANEOUS PROVISIONS
A . Interest of the County. The County certifies that no officer, agent, or employee of the District
has any material interest, as defined in Chapter 112, Fla . Stat . , either directly or indirectly, in the
business of the County to be conducted hereby, and that no such person shall have any such
interest at any time during the term of this Agreement .
B . Non Lobbying. Pursuant to Section 216 . 347 , Fla . Stat . , 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 .
C . Conflicting Employment. The County certifies that at the time of execution of this Agreement, it
has no retainer or employment agreement, oral or written , with any third party relating to any
matters that adversely affect any interest or position of the District . During the term of this
Agreement, the County shall not accept any retainer or employment from a third party whose
interest appears to be conflicting or inconsistent with that of the District . Notwithstanding the
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foregoing, the County may accept retainers from or be employed by third parties whose interest
appears conflicting or inconsistent with that of the District if, after full written disclosure of the
facts to the District, the District determines that the apparent conflict shall not interfere with the
performance of the Work.
D . Civil Rights. Pursuant to Chapter 760 , Fla . Stat . , the 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 .
E . Audit : Access to Records. The County agrees that the District 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 County ' s books , documents , papers , and other records
involving transactions related to this Agreement . The County 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
County 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 County will
provide proper facilities for access to and inspection of all required records .
F . Release of Information . Records of the County 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 the County receives a request for any such records , the County shall
notify the District ' s project manager within three (3 ) workdays of receipt of such request . The
County shall not publish or release any information related to performance of this Agreement, or
prepare , publish, or release any news or press release in any way related to this Agreement,
without prior District review and the District ' s written consent . 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 .
G . Governing Law. This Agreement shall be construed and interpreted according to the laws of the
state of Florida .
H . Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for
such proceedings , if in state court, shall be in Orange County, Florida, and if in federal court,
shall be in the Middle District of Florida, Orlando Division .
L 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 .
J . Waiver of Right 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 .
K . 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.
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L . 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 .
M . Separate Counterparts. This Agreement may be executed in separate counterparts , which shall
not affect its validity .
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 MANAGEMENT INDIAN RIVER COUNTY
DISTRICT BOARD OF , COMMISSIONERS
By : B � '
Kirby B . Green I , Execut ve Director Arthur R. Ne �r r, Chainn
.: �
Date : Za �t� Date : N'(wemhPr 2004
APPROVED BY THE OFFICE OF GENERAL APPROVED AS TO LEGAL FORM :
COUNSEL :
/ ' J 4a
tanley J . Niego, Sr s Stant en al Counsel William G. Collins II, County Attorney
Documents attached:
Attachment 1 Well Investigation Form
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ATTACHMENT 1
WELL INVESTIGATION FORM
Page 1 of 3
Reported By: Phone :
Well Owner Name&Address :
Phone :
Well Location:
GPS Position:
(Latitude) (Longitude)
GPS Type & Configuration:
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 Repair/Abandon SJRWMD Repair/Abandon
Comments : FOR DISTRICT USE
Project no . :
Attach photos
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ATTACHMENT 1
PROPERTY LOCATION MAP
(from major intersection & to include mileage)
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N
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t
ATTACHMENT 1
SITE SKETCH
(from edge of landmark to well & to include approximate feet)
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GRANT NAME : County/St, Johns River IVUD Countywide GRANT # (Contract # SI308,V,4 )
;Yell-Plugging Cost-Shure 11greenrent Renewal
AMOUNT OF GRANT : 520, 000
DEPARTMENT RECEIVING GRANT : Com?nunin� Development
CONTACT PERSON : Roland Bbl. nrRlora TFLF,PHnNF : Ext. 1258
1 . How long is the grant for? Three years Starting Date : October 1 , 2004
2 . Does the grant require you to fund this function after the grant is over? Yes ,l' ,No
3 . Does the grant require a match? 1' Yes No
If yes, does the grant allow the match to be In-Kind services ? Yes X No
4 . Percentage of thatch to grant SO`%
5 . Grant match amount required _ - S470 00h
6. Where are the matching funds coming from ( i . e . In-Kind Services ; Reserve for Contingency) ?
PlanningiCode Enforcemetrt Budget Account # 00420724 - 033190 rurder "Professional Services "
7. Does the grant cover capital costs or start- up costs ? NIA Yes No
If no , how much do you think will be needed in capital costs or start-up costs : NIA
(Attach a detail listing of costs)
8 . Are you adding any additional positions utilizing the ,rant funds? _Yes X No
If yes , please list . ( If additional space is needed, please attach a schedule . )
Acct . Description Posiuon Position Position Position Position
011 . 12 Regular Salaries
011 . 13 Other Salaries R Wages ( PT)
012 . 11 Social Security
012 . 12 Retirement – Contributions j
012 . 13 Insurance Life & Health
-i -
012. 14 Worker 's Compensation _
012 , 17 S/Sec , Medicare Matching —�
— -- TOTAL I
i I
9. What is the total cost of each position including benefits , capital, start-up , auto expense, travel and operating'?
Salary and Benefits Operating Costs Capital Total Costs
3
-t
s
10 . What is the estimated cost of the grant to the county over five years? SLQ(l, nn[t
Grant Amount Other Match Costs Not Covered Match Total
First Year $20. 000 _ 5 5201000 $40. 000 I
Second Year ` 520, 00 S 520, 000 540, 000
Third Year $200000 S 5 ' 0, 000 $40, 000
Fourth Year $20, 000 ; $20, 000 540, 000
Fiftl : Year 520, 0U0 S $?(; t,jo0 s4i) 000
Signantre of Preparer: 77t ( R M . ,DeBlois ) Date : November 8 2004
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