Item 8BAGENDA ITEM # 8B
JUNE 8, 2009
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM: Memorandum of Agreement between City of Atlantic Beach and Northeast
Florida Utilities to Assess Groundwater Resource Sustainability in Northeast
Florida
SUBMITTED BY: Donna Kaluzniak, Utility Director
DATE: May 21, 2009
BACKGROUND: The St. Johns River Water Management District is in the process of completing
a 2010 Water Supply Plan using growth projections, groundwater and resource modeling and other
technical methods to determine future groundwater availability.
Results of the District's projections can have a huge impact on requirements for future water
infrastructure and may greatly increase the cost of water for our customers.
All water utilities in the district will be affected by the 2010 Water Supply Plan. Northeast Florida
water utilities support protecting our groundwater resources as well as the region's natural systems.
However, water utilities have the added responsibility of providing the most cost-effective product to
our customers. In order to ensure the most accurate and reliable groundwater resource projections are
reached, the following utilities wish to hire engineering and legal support services:
City of Atlantic Beach
Clay County Utility Authority
City of Fernandina Beach
City of Gainesville
City of Green Cove Springs
City of Jacksonville Beach
JEA
City of Neptune Beach
Town of Orange Park
City of Palatka
Putnam County
City of St. Augustine
St. Johns County
JEA has been designated to administer the contracts, utilizing their existing continuing engineering
and legal contracts, with costs reimbursed by the member utilities based on proportional annual
average daily flows. Atlantic Beach's reimbursement would be 1.32% of the total cost.
AGENDA ITEM # 8B
JiJNE 8, 2009
BUDGET: The total cost is not to exceed $600,000. Atlantic Beach's reimbursement portion would
equate to no more than $7,920. Funds are available in the Water Fund in the Professional Services
Account No. 400-5502-533-3100.
RECOMMENDATION: Approve the Memorandum of Agreement Between the City of Atlantic
Beach, Clay County Utility Authority, City of Fernandina Beach, City of Green Cove Springs, City of
Jacksonville Beach, JEA, City of Neptune Beach, Town of Orange Park, City of Palatka, Putnam
County, City of St. Augustine, and St. Johns County to Assess Groundwater Resource Sustainability
in Northeast Florida and authorize the City Manager to sign the Agreement.
ATTACHMENTS: 1. Memorandum of Agreement
REVIEWED BY CITY MANAGER:
2
AGENDA ITEM # 8B
JUNE 8, 2009
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF ATLANTIC BEACH, CLAY COUNTY UTILITY AUTHORITY, CITY OF
FERNANDINA BEACH, CITY OF GAINESVILLE, CITY OF GREEN COVE SPRINGS,
CITY OF JACKSONVILLE BEACH, JEA, CITY OF NEPTUNE BEACH, TOWN OF
ORANGE PARK, CITY OF PALATKA, PUTNAM COUNTY, CITY OF ST.
AUGUSTINE, AND ST. JOHNS COUNTY
TO ASSESS GROUNDWATER RESOURCE SUSTAINABILITY IN NORTHEAST
FLORIDA
WHEREAS, the St. Johns River Water Management District (SJRWMD) is undertaking
a 2010 water supply planning process using growth projections, groundwater and resource
impact models, and other technical tools that will affect local governments and utilities
throughout the region; and
WHEREAS, the City of Atlantic Beach, Clay County Utility Authority, City of
Fernandina Beach, City of Gainesville, City of Green Cove Springs, City of Jacksonville Beach,
JEA, City of Neptune Beach, Town of Orange Park, City of Palatka, Putnam County, City of St.
Augustine, and St. Johns County (hereinafter referred to as "OWNERS"), desire to jointly and
collaboratively evaluate regional long-term sustainability of groundwater resources to meet
future public water supply needs relative to the St. Johns River Water Management District's
(SJRWMD) 2010 water supply planning process; and
WHEREAS, the OWNERS support protecting and sustaining the natural systems and
groundwater resources; and
WHEREAS, the OWNERS have a responsibility to provide cost effective public water
supply alternatives; and
WHEREAS, it is more efficient for the OWNERS to cost share in this effort and to avoid
duplication of effort; and
WHEREAS, the OWNERS need to engage engineering consultants and legal support
services and desire to designate JEA to administer these contracts; and
WHEREAS, pursuant to Section 21.04(t) of the City of Jacksonville Charter, JEA is
authorized to provide the services described herein; and
WHEREAS, the OWNERS have agreed to enter into this agreement (the "Agreement")
for the purpose of setting forth the terms and conditions which will govern their mutual
obligations in furtherance of the foregoing Recitals.
NOW, THEREFORE, the OWNERS and JEA agree as follows:
1. The foregoing Recitals are true and correct and are incorporated herein by this
reference to the same.
Page 1 of 9
AGENDA ITEM # 8B
JUNE 8, 2009
2. Services. JEA hereby agrees to administer consultant and legal services contracts
for the OWNERS as described in the Scope of Services (the "Scopes"), which will be attached as
consultant Exhibits A and B hereto, after being approved and finalized by JEA and all
OWNERS, and which shall become a part hereof when attached hereto. The OWNERS and JEA
understand that Exhibits A or B may be modified and/or additional Scopes may be added at a
future date, in accordance with the provisions set forth in paragraphs 4 and 5 herein. In the role
of administrator of the consultant and legal contracts, JEA will (1) act as the primary contact for
the contracts, (2) will relay the prioritization of tasks as set by the OWNERS, (3) coordinate
progress meetings and other activities relating to project status and (4) pay the invoices
submitted by the consultants, subject to the reimbursement of the costs by the other OWNERS,
in the percentages as set forth in paragraph 5 herein.
3. Limitations. Prioritization of tasks included in the Scopes and overall direction
to consultant and legal service providers will be determined jointly by the OWNERS. Decisions
will require at least two-thirds majority vote of the OWNERS before JEA directs consultants
accordingly. Each OWNER will have one vote. JEA will coordinate regular progress meetings
for conference calls and meetings with consultant and legal service providers to provide
OWNERS with project status updates and obtain OWNER votes, as needed.
4. Costs. OWNERS shall be limited to an overall, combined total cost not to exceed
$600,000.00 (the "Total Costs Amount"). Decisions to add additional services within the
Scopes, but subject to and limited by the Total Costs Amount, will require at least atwo-thirds
(2/3) majority vote of the OWNERS. The addition of Scopes above the Total Costs Amount will
require written modification of this Agreement and the approval of the OWNERS by at least a
two-thirds (2/3) majority vote. In the event that additional Scopes above the Total Costs Amount
are so approved, any dissenting OWNER may elect to withdraw from this Agreement in
accordance with the requirements of paragraph 9 hereof.
5. Reimbursement of Expenses. OWNERS will reimburse JEA on a monthly basis
and within 30 days of invoicing by JEA in consideration of this Agreement based on actual costs
incurred during the preceding month. Costs to each OWNER will be paid proportionally to each
utility's 2007 total annual average daily flow for the duration of this Agreement, as follows:
Percentage Reimbursement Table
Owner 2007 AADF MGD Reimbursement
Cit of Atlantic Beach 2.55 1.32
Cla Count Utilit Authorit 14.63 7.58
Cit of Fernandina Beach 3.95 2.05
Cit of Gainesville 27.20 14.10
Cit of Green Cove S rin s 1.33 0.69
Cit of Jacksonville Beach 2.64 1.37
JEA 123.31 63.91
Cit of Ne tune Beach 0.98 0.51
Page 2 of 9
AGENDA ITEM # 8B
JiJNE 8, 2009
Town of Oran e Park 1.19 0.62
Cit of Palatka 2.36 1.22
Putnam Count 0.04 0.02
Cit of St. Au ustine 3.36 1.74
St. Johns Count 9.40 4.87
Total 192.94 100.00
JEA will not charge OWNERS any additional fees for contract administration. If any OWNER
fails to reimburse JEA for its percentage share, interest shall be assessed at the rate of 8% per
year. If an OWNER fails to pay its percentage share for two (2) consecutive months, this MOA
shall be void as between JEA and such Defaulting OWNER. Defaulting OWNER shall
thereafter cease to be a part of the OWNERS group, and shall not be entitled to attend any
meetings, have any vote on matters, and obtain any information or reports prepared by
consultants. The Defaulting OWNER shall continue to be liable to JEA for payment of its
percentage share of the costs incurred, plus accrued interest. If an OWNER defaults or separates
from the group in accordance with paragraph 9, JEA shall re-allocate the reimbursement
percentages set forth above, and each OWNER shall thereafter be responsible for the revised
percentage of the fees.
In lieu of cost reimbursement, JEA may allow OWNERS to provide in-kind. services, on a case-
by-case basis, and as unanimously agreed by OWNERS when said in-kind services have or will
directly support and offset costs of the Scopes within the limitations of the Total Costs Amount
in paragraph 4 above and any approved additional services.
6. Notification. Correspondence to JEA, project administration questions, and
payment, as well as any other notice, shall be directed as follows:
John E. Baxter, PE
JEA
102 Kernan Blvd. N.
Jacksonville, Florida 32202
(904) 665-5359
baxtje(a),jea.com
Notices to and from the other OWNERS and voting shall be made by the following individuals,
or a designee of each respective OWNER, at the addresses shown:
Donna Kaluzniak Mark F. Greenwood
Utility Director Plants Division Supervisor
City of Atlantic Beach City of Neptune Beach
902 Assisi Lane 2010 Forest Avenue
Atlantic Beach, Florida 32233 Neptune Beach, Florida 32266(904) 270-
(904)270-2535 2422
dkaluzniak coab.us m reenwood neptune-beach.com
Ray O. Avery Bill White
Executive Director Public Works Director
Page 3 of 9
AGENDA ITEM # 8B
JUNE 8, 2009
Clay County Utility Authority Town of Orange Park
3176 Old Jennings Road 2042 Park Avenue
Middleburg, Florida 32068 Orange Park, Florida 32073
(904) 272-5999 (904) 264-7411
raver cla utilit .or bcostea towno .com
John Mandrick Melvin Register
Utilities Director Water Plant Superintendent
City of Fernandina Beach City of Palatka
1180 S. 5th Street 201 North 2°d Street
Fernandina Beach, Florida 32034 Palatka, Florida 32177
(904) 277-7380 (386) 329-0144
'mandrick fhfl.or alatkawate lant att.net
David M. Richardson Donald D. Jacobovitz
Assistant General Manager, Public Works Director
Water/Wastewater Systems Putnam County
City of Gainesville 2509 Crill Avenue
301 SE 4th Avenue Palatka, Florida 32177
Gainesville, Florida 32601 (386) 329-0346
(904) 393-1612 don.jacobovitz@palatka-fl.com
richardsondm ru.com
Mike Null Todd Grant
Public Works Director Deputy Director, Public Works
City of Green Cove Springs City of St. Augustine
321 Walnut Street 75 King Street
Green Cove Springs, Florida 32043 St. Augustine, Florida 32084
(904) 529-2216 (904) 825-1040
mnull reencoves rin s.com t rant ci.st-au ustine.fl.us
Ty Edwards Bill Young
Public Works Director Utility Director
City of Jacksonville Beach St. Johns County
1460A Sheffer Avenue 1205 SR 16
Jacksonville Beach, Florida 32250 St. Augustine, Florida 32084
(904) 247-6219 (904) 209-2700
tedwards 'axbchfl.net b oun s'cfl.us
7. Modification. This Agreement may be modified only upon mutual, written
agreement signed by all of the OWNERS.
8. Additional Parties as OWNERS. OWNERS may be added to the Agreement in
the future. Decisions to add. additional OWNERS will require at least atwo-thirds majority vote
of the OWNERS. If an OWNER is added, JEA shall re-allocate the reimbursement percentages
set forth in paragraph 5 above, and each OWNER shall thereafter be responsible for the revised
percentage of the fees. OWNERS may also agree to allow participation of other entities in this
collaborative effort without becoming an OWNER and at no cost, but only after unanimous
agreement by OWNERS.
Page 4 of 9
AGENDA ITEM # 8B
JUNE 8, 2009
9. Separation. Any OWNER may withdraw from this Agreement before
termination by giving not less than 30 days' written notice to all OWNERS. In the event of
withdrawal, the withdrawing OWNER shall be responsible for its share of all services up to the
date of termination plus its remaining share of active phase(s) of work being performed under the
Scopes. Payment in full for the remaining balance shall be due within thirty (30) days of
separation. The withdrawing OWNER will not be responsible for costs associated with any
phases of the Scopes not yet started and future costs for phases not yet started will be
redistributed among the remaining OWNERS within the limitations of the Total Cost Amount
OWNER allocation described above.
10. Execution. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original document for all purposes.
11. Termination. This Agreement shall terminate on March 31, 2012 or upon the
completion of the Scopes, whichever shall first occur, unless terminated earlier by the procedures
set forth herein. In the event of termination before completion of the Scopes, the OWNERS shall
be responsible for their respective shares of services performed to the date of termination, and no
compensation previously paid for services performed in accordance with this Agreement shall be
refundable by JEA.
Signature Page Follows:
Page 5 of 9
AGENDA ITEM # 8B
JUNE 8, 2009
AGREED TO on this day of , 2009.
DATE:
CITY OF ATLANTIC BEACH
Jim Hanson
City Manager
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, Florida 32233
DATE:
CLAY COUNTY UTILITY AUTHORITY
Ray O. Avery
Executive Director
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
DATE:
CITY OF FERNANDINA BEACH
Michael J. Czymbor
City Manager
City of Fernandina Beach
204 Ash Street
Fernandina Beach, Florida 32034
Page 6 of 9
AGENDA ITEM # 8B
JUNE 8, 2009
DATE:
DATE:
CITY OF GAINESVILLE
David M. Richardson
Assistant General Manager,
Water/Wastewater Systems
City of Gainesville
301 SE 4th Avenue
Gainesville, Florida 32601
CITY OF GREEN COVE SPRINGS
Don Bowles
City Manager
City of Green Cove Springs
321 Walnut Street
Green Cove Springs, Florida 32043
DATE: CITY OF JACKSONVILLE BEACH
George D. Forbes
City Manager
City of Jacksonville Beach
11 North Third Street
Jacksonville Beach, Florida 32250
Page 7 of 9
AGENDA ITEM # 8B
7iJNE 8, 2009
DATE:
DATE:
DATE:
JEA
John P. McCarthy
Director, Procurement Services
JEA
21 W. Church Street, CC6
Jacksonville, Florida 32202
CITY OF NEPTUNE BEACH
Jim Jarboe
City Manager
City of Neptune Beach
116 First Street
Neptune Beach, Florida 32266
TOWN OF ORANGE PARK
John W. Bowles
Town Manager
Town of Orange Park
2042 Park Avenue
Orange Park, Florida 32073
DATE: CITY OF PALATKA
Woody Boynton
City Manager
City of Palatka
201 North 2"d Street
Palatka, Florida 32177
Page 8 of 9
AGENDA ITEM # 8B
Ji1NE 8, 2009
DATE:
DATE:
PUTNAM COUNTY
Rick Leary
County Administrator
Putnam County
2509 Crill Avenue
Palatka, Florida 32177
CITY OF ST. AUGUSTINE
William B. Harris
City Manager
City of St. Augustine
75 King Street
St. Augustine, Florida 32084
DATE: ST. JOHNS COUNTY
Bill Young
Utility Director
St. Johns County
1205 SR 16
St. Augustine, Florida 32084
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