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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 Page 9 of 9