Item 4B
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AGENDA ITEM # 46
FEBRUARY 26, 2007
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Memorandum of Agreement with JEA for River Sampling
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: February 16, 2007
~. BACKGROUND: For many years, the Florida Department of Environmental Protection (FDEP)
has required the Beach Cities and JEA to conduct river sampling and analysis upstream and
downstream of their wastewater plant effluent outfalls. During this time, JEA has conducted
~!* sampling and testing for the Beach Cities at no charge. However, FDEP has recently increased the
frequency (from quarterly to monthly) and sampling requirements. The work includes performing
field analyses at various depths in the river, plus collecting samples, conducting numerous laboratory
tests, and providing reports to FDEP complete with trend charts and graphs.
In order to cover the costs of this monitoring and reporting, JEA is requesting a 10-year
~""' Memorandum of Agreement with the Beach Cities in the lump sum amount of $50,000 for the entire
time period. (As a cost comparison, staff requested a quote from our annual laboratory contractor,
Columbia Analytical Services, and the 10-year amount was $105,840 not including any future price
increases). The Beach Cities will split the costs as in the past, based on their plants' design flows:
Treatment Plant Design Flow,
MGD
Total = 10.9 Percent of Total of All
4 Treatment Plants Cost for Phase I of the
Effluent Copper Mixing
Zone Stud .
Jacksonville Beach 4.5 41.3% $20,650
Ne tune Beach 1.5 13.7% $6,850
**Atlantic Beach 4.9 45% $22,500
**Total of Wastewater Plant #1 (3.0 MGD) plus Wastewater Plant #2 (1.9 MGD)
Both Jacksonville Beach and Neptune Beach plan to sign the Memorandum of Agreement with JEA.
BUDGET: Payment would not be due to JEA until next fiscal year. Staff will request funding in the
FY08 budget in the Sewer Fund.
RECOMMENDATION: Approve the Memorandum of Agreement with JEA and authorize the City
Manager to sign the agreement.
~'" ATTACHMENTS: 1. Memorandum of Agreement Between JEA and the Beach Cities
2. JEA Ambient Stream Monitoring Plan on file with City Clerk
REVIEWED BY CITY MANAGER:
AGENDA [TEM # 4B
FEBRUARY 26, 2007
MEMORANDUM OF AGREEMENT
BETWEEN
JEA
AND
THE CITY OF JACKSONVILLE BEACH, CITY OF ATLANTIC BEACH, AND
"' CITY OF NEPTUNE BEACH
PERTAINING TO AMBIENT STREAM SAMPLING
WHEREAS, the City of Jacksonville Beach, City of Atlantic Beach, and City of Neptune
Beach (hereinafter referred to as "OWNERs"), desire to engage JEA to render ambient stream
~"' monitoring and reporting services as required by the Florida Department of Environmental
Protection ("FDEP") Northeast District, 7856 Baymeadows Way, Suite B200, Jacksonville, FL
32256 on the Owners' behalf, and
WHEREAS, pursuant to paragraphs (p) and (t) of Section 21.04 of the City of
Jacksonville Charter, JEA is authorized to provide OWNERs with the services described herein,
and
THEREFORE, JEA and the Owners agree as follows:
1. Services. The OWNERs engage JEA and JEA hereby accepts said engagement to
~, provide the OWNERs with professional services for ten years from the effective date hereof as
described in the JEA Ambient Stream Monitoring Plan (the "Plan") dated August 2006, attached
as Exhibit A hereto, which is hereby incorporated herein by this reference. The OWNERS and
JEA understand that Exhibit A may be modified by FDEP at a future date. In the event FDEP
modifies the Plan, then the OWNERS and JEA shall reassess this Agreement and modify it as
mutually agreed is-necessary.
As river sampling requirements evolve for TMDL purposes, JEA will accommodate
reasonable changes in sampling needs free of charge as long as the parameters being tested are
~„ limited to conventional pollutants, nutrients, and metals and substantially similar to the
parameters currently specified in Exhibit A. All sampling performed by JEA for the OWNERS
will be conducted no more that one day per month, twelve (12) months per year. If FDEP
requires the Owners to sample for additional pollutants, all parties must mutually agree upon the
terms and price to perform the sampling and analysis or contract with private laboratories for
these additional services.
Samples collected pursuant to this agreement will be analyzed at JEA's state certified lab
or the JEA certified backup contract laboratory.
If additional water samples are required by OWNERS that are beyond the conventional
pollutants, nutrients, and metals, JEA may agree to collect the additional samples; however,
OWNERS must make arrangements to pickup the samples from the JEA laboratory and send the
collected samples to a private laboratory for analyses. JEA will not be responsible for reporting
the additional sample results not analyzed by the JEA lab.
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AGENDA ITEM # 4B
FEBRUARY 26, 2007
2. Limitations. JEA will not perform benthic or other similar sampling of river
"' sediment. JEA will not be responsible for performing mixing zone studies for OWNER's outfalls
beyond the once a month sampling specified above or reasonably adjusted for TMDL purposes.
3. Compensation. OWNERs will pay JEA by November 30, 2007, the following in
consideration of this Agreement: City of Atlantic Beach $22,500, City of Neptune Beach $6,850,
and City of Jacksonville Beach $20,650. JEA and the OWNERS agree that this one-time
payment is full and complete compensation to secure JEA's commitment to continue to perform
river sampling for the next ten (10) years. JEA will not charge OWNERs any additional fees for
boat operation, maintenance, fuel, laboratory analyses and appurtenances needed to complete the
sampling services, or the purchase of any boats or replacement boats. If any Owner fails to pay
its agreed compensation, this agreement shall be void as between JEA and such defaulting
Owner only.
4. Modification. This Memorandum of Agreement may be modified upon mutual,
written agreement.
5. Execution. This Memorandum of Agreement may be executed in multiple parts.
6. Termination. Unless earlier terminated, this Memorandum of Agreement shall
terminate ten (10) years from the execution date. In the event of termination before the
expiration of ten (10) years from the date of execution, the Owners' compensation shall be non-
refundable by JEA.
AGREED TO on this day of , 2007.
ATTEST:
Form Approved:
Assistant General Counsel
JEA
John McCarthy
Director, Procurement Services
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ATTEST:
ATTEST:
ATTEST:
AGENDA ITEM # 4B
FEBRUARY 26, 2007
CITY OF JACKSONVILLE BEACH
George D. Forbes
City Manager
City of Jacksonville Beach
11 North Third Street
Jacksonville Beach, FL 32250
CITY OF NEPTUNE BEACH
Jim Jarboe
City Manager
City of Neptune Beach
116 First Street
Neptune Beach, Florida 32266
CITY OF ATLANTIC BEACH
Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, Florida 32233
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