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HomeMy WebLinkAbout2003-214This doewnent 9� 811611id he retlarne'd 1840 2ASth Ste, Vem Bea* Florida 32960 INTERLOCAL AGREEMENT IN THE RECORDS OF JEFFREY BARIC iJ � 2 , J CLERK CIRC UIT CC' , �; J INDIAN RIVER CO., FLJ- r This INTERLOCAL AGREEMENT ("Agreement"), dated as of August 19, 2003 (the Cn "Effective Date") is made by and between Indian River County, Florida, a political subdivision of the State of Florida, 1840 25th Street, Vero Beach, Florida 32960-3365 (the "County") and Indian River Farms Water Control District, a drainage district organized and existing under CIO the general drainage laws of the State of Florida, whose address is 4400 20th Street, Vero Beach, Florida 32966 (the "District"). BACKGROUND RECITALS A. Florida Statutes Section 163.01, known as the Florida Interlocal Cooperation Act of 1969, provides a method for governmental entities to cooperate with each other on a c� basis of mutual advantage to provide services and facilities in a manner that will accord best 4 with the geographic, economic, population, and other factors influencing the needs and development of local communities. B. The County and the St. Johns River Water Management District have entered -? into that certain "Memorandum of Understanding between the St. Johns River Water ry Management District and Indian River County for Sediment, Flow Reduction, and Other N Water Quality Improvements within the Indian River Farms Water Control District", Contract SF611AA, dated January 15, 2002, as amended by the First Amendment to the Memorandum of Understanding, dated February 18, 2003 (as so amended, the "MOU") to provide partial funding for sediment, flow reduction, and other water quality improvement projects within both the County and the boundaries of the District. C. The East Indian River County_ Master Stormwater Management Plan ("Master Plan") adopted by the County on December 17, 2002 recommends specific stormwater system improvements necessary for the County's partial compliance with the new National Pollutant Discharge Elimination System (NPDES) Phase II stormwater requirements. D. The County and the District desire to set forth in this Agreement the respective rights and obligations of the County and the District with respect to those Master Plan projects located within the boundaries of the District that are contemplated to be funded, in ..._ whole or in part, by the MOU. cr N NOW, THEREFORE, in consideration of the covenants, conditions, and premises set forth herein, and intending to be legally bound hereby, the parties hereto agree as follows: cn 1. The background recitals are true and correct and form a material part of this Agreement. W 1 2. The parties acknowledge and agree that all funds will be disbursed to the County by the St. Johns River Water Management District under the MOU and such funds will thereafter be divided between the District and the County as hereinafter provided for the District or the County, as the case may be, to be responsible for funding each project described below and thereafter each having responsibility for ownership and maintenance of the same, all as set forth in this Agreement. 3, Exhibit A-1 to the MOU is attached hereto and by this reference made a part of this Agreement. Exhibit A-1 describes projects A-1 through and including A-12, all located within the Main and South Relief Canal Basins, and projects B-1 through and including B-3, all located within the North Relief Canal Basin, The County and the District have reached the following agreements with respect to those Master Plan projects located within the boundaries of the District that are contemplated to be funded, in whole or in part, by the MOU: 3.1 Project A-1 - Replacement of the Middle Radial Arm Gate at the Main Relief Canal, Project A-2 - Replacement of the Middle Radial Arm Gate at the South Relief Canal, Project A-3 - Replacement of the Middle Radial Arm Gate at the Lateral "C" Canal, and Project B-1 - Replacement of Middle Radial Arm Gate at the North Relief Canal. The District shall own and maintain all gates in the gate structures at the Main, South, Lateral "C", and North Relief Canals, including, without limitation, the new middle tilting gate at each such Canal, at no cost to the County. The County has entered into work orders with the County's stormwater engineering consultant team to design and prepare the specifications for, and assist in the bidding of, all of the tilting arm gates. The District shall assist the County's stormwater engineering consultant team in the preparation of the specifications. The District shall conduct the bidding for, and cause the installation of, all of the tilting gates being installed under this Agreement, all at no cost to the District or the County (the same being funded through the MOU). The County shall provide, or cause to be provided, any and all required assistance: in the preparation of the specifications; with the bidding process; and with construction observation at the request of the District. 3.2, Project A-4 - Floating Debris Booms in the Main Relief Canal, Project A- 5 - Floating Debris Booms in South Relief Canal. Floating debris booms will be installed immediately upstream of the vortex -treatment units in each of the Main and South Relief Canals ("Vortex Booms"). The District and the County agree to cooperate in the design of the Vortex Booms in consultation with the County's stormwater engineering consultant team. The County has entered into work orders with the County's stormwater engineering consultant team to design and prepare the specifications for the Vortex Booms. The County shall conduct the bidding for the Vortex Booms, The District shall provide any and all required assistance in the preparation of the specifications and with the bidding process at the request of the County. The County shall cause the construction and installation of the Vortex Booms in coordination with the District. The Vortex Booms will be owned and maintained by the County at no cost to the District. The District does hereby grant to the County a FA N t.0 -v n CD cn .G- right of access on, over, and across the District's rights of way for the useful life of the facilities herein described for purposes of construction, operation, maintenance, and repair of said facilities. This provision shall survive the expiration or sooner termination of this Agreement and the grant of such access shall be for the useful life of each facility installed by the County. 3.3, Proiect A-6 - Vortex -type Treatment Unit in the Main Relief Canal, and Project A-7 - Vortex -type Treatment Unit in the South Relief Canal. The County agrees to negotiate and enter into work orders with the County's stormwater engineering consultant team to design and prepare the specifications for a vortex -type treatment unit to be designed, built, installed, and maintained in each of the Main Relief and South Relief Canals ("Units"). The District shall provide any and all required assistance in connection with the design and installation of such Units at the request of the County. The County shall conduct the bidding for the Units. The County shall cause the construction and installation of the Units in coordination with the District, at no cost to the District. The County shall own and maintain each such Unit following construction and installation, at no cost to the District. The District does hereby grant to the County a right of access on, over, and across the District's rights of way for the useful life of the facilities herein described for purposes of construction, operation, maintenance, and repair of said structures. This provision shall survive the expiration or sooner termination of this Agreement and the grant of such access shall be for the useful life of each facility installed by the County. 3.4, Project A-8 - Southwest Industrial Stormwater Reuse Node - Phase I. The parties acknowledge and agree that Project A-8, southwest industrial stormwater reuse node - Phase I, is not a part of this Agreement; provided, however, that the County and the District agree that the District shall be consulted by the County with respect to intake, elevation, and outfall during the design phase for such reuse node. Notwithstanding the foregoing, the parties acknowledge and agree that the terms of that certain "Agreement Concerning Delivery and Use of Stormwater" entered into among the County, the District, and Blue Heron Energy Center, L.L.C. with respect to the rights and obligations of the parties thereto in connection with the stormwater reuse node shall control over any provision of this Agreement with respect to the subject matter thereof. 3.5. Project A-9 - Water control structures, sediment traps, and reservoir in the South Relief Canal, and Project A-10 - East U.S. Highway 1 Stormwater Irrigation Node. The parties acknowledge and agree that Project A-9 and Project A-10 are not a part of this Agreement. 3.6. Project A-12 - Mangrove Polishing System at the Mouth of the South Relief Canal, and Project B-3 - Mangrove Polishing System at the Mouth of the North Relief Canal. The District agrees to cooperate with the County in connection with the County's applications to obtain all applicable permits from the Florida Department of Environmental Protection and other regulatory agencies, including, 3 rn fit^. N -a O Ul .cw"" CA without limitation, the United States Army Corps of Engineers, St. Johns River Water Management District, and Florida Inland Navigation District. Subject to obtaining all applicable and cost effective permits, the County shall bid, and cause the design and construction of, the mangrove polishing systems. The parties acknowledge and agree that Projects A-4, A-51 A-6, and A-7 shall be completed prior to the commencement of construction of Projects A-12 and B-3. Upon the installation of Projects A-12 and B-3, the County shall maintain such mangrove polishing systems at no cost to the District. The District does hereby grant to the County a right of access on, over, and across the District's rights of way for the useful life of the structures and mangrove polishing systems herein described for purposes of construction, operation, maintenance, and repair of said structures and mangrove polishing systems. This provision shall survive the expiration or sooner termination of this Agreement and the grant of such access shall be for the useful life of each structure and the associated mangrove polishing system installed by the County. 4. Unless otherwise terminated as provided herein, this Agreement shall have a term commencing on the Effective Date first set forth above and ending on August 19, 2013. Thereafter, this Agreement shall automatically renew on the same terms and conditions, for one (1) renewal term of ten (10) years. At the end of the renewal term, the parties shall renegotiate the terms of this Agreement. In the event either party desires to terminate this Agreement at any time during the initial term or any successive term, the party seeking to terminate the Agreement must provide at least ninety (90) days prior written notice to other party. The obligations of the County and the District under this Agreement are subject to the availability of funds lawfully appropriated for its purposes by each of the Indian River County Board of County Commissioners and the Board of Supervisors of the Indian River Farms Water Control District. 5. This Agreement may be amended only by written agreement of the parties. A party requesting an amendment of this Agreement must propose such amendment in writing to the other party at least ninety (90) days prior to the proposed effective date of the amendment. 6. The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claim that is justiciable in federal court. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth in Florida Statutes section 768.28, the County hereby indemnifies the District and its officers and employees against all claims, losses, and liabilities (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the County, its employees, and elected officials arising out of, under, or in connection with, the County's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the County for any negligent acts or omissions of the District, its agents and employees arising out of, under, or in connection with this Agreement. Solely to the extent permitted by Florida law, and in no event greater than the limits set forth 0 0 �o C7% N uD O to in Florida Statutes section 768.28, the District hereby indemnifies the County and its officers and employees against all claims, losses, and liabilities (specifically excluding attorneys' fees and expenses) caused solely by the negligent acts or omissions of the District, its employees, and elected officials arising out of, under, or in connection with, the District's performance under this Agreement. Nothing contained herein shall be deemed or construed to provide, directly or indirectly, an indemnity from the District for any negligent acts or omissions of the County, its agents and employees arising out of, under, or in connection with this Agreement. 7. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. 8. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9. This Agreement shall become effective upon execution by both parties and filing with the Clerk of the Circuit Court for Indian River County. 10. Any notice, request, demand, consent, approval or other communication required or permitted by this Agreement shall be given or made in writing and shall be served (as elected by the party giving such notice) by any of the following methods: (i) hand delivery; (ii) delivery by commercial overnight courier service; (iii) mailed by registered or certified mail (postage prepaid), return receipt requested; or (iv) faxed. Notice given in accordance with the provisions of this paragraph shall be deemed to be delivered and effective on the date of hand delivery or on the second day after the date of the deposit with an overnight courier or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not delivered if mailed. Facsimile transmission is effective when received, provided, however, that facsimile transmissions received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. For purposes of notice the addresses are as follows: lei a N c-� 0 U7 vv - J County: James W. Davis, P.E., Indian River County Public Works Director Indian River County Administration Building 1840 25th Street, Vero Beach, FL 32960-3365 Fax number (772) 778- 9391 District: David E. Gunter, Secretary/Treasurer 4400 20th Street, Vero Beach, FL 32966 Fax number (772) 562-2532 11. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 12. The failure of either party at any time to require performance by the other party of any provision of shall in no way affect the right of the either party thereafter to enforce the same. No waiver by either party of any breach of any provision hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 13. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the District has approved this Agreement at a duly noticed meeting held on August 14, 2003 and the County has approved this Agreement at a duly noticed meeting held on August 19, 2003. Attest: INDIAN RIVER FARMS WATER CONTROL DISTRICT By:.4ic By: David E. Gunter Secretary W. C. Graves IV, President, Board of Supervisors R V Approved: res E. Chang ounty Administrator INDIAN RIVER COUNTY, FLORIDA BOAR F COU COMM IONERS By nnet R. Macht, Chairman BCC Approved: August 19, 2003 Approved 9s to form and legal,�ufficiency: mmaTrff.3. uoinn! County Attorney 7