HomeMy WebLinkAboutSt. Johns River Water Management Agreement Stormwater Management Cost-Sharing Program -1999 06 09
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Contract No. 99H262
AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF WINTER SPRINGS
FOR STORMW ATER MANAGEMENT COST-SHARING PROGRAM
THIS AGREEMENT is made and entered into this g,.,.. day of ~ 1999, by and between the ST.
JOHNS RNER WATER MANAGEMENT DISTRICT, "DISTRICT",~dress is Post Office Box 1429,
Pal atka, FL 32178-1429, and the CITY OF WINTER SPRINGS, "ENTITY" whose address is 1126 East S.R.
434 , Winter Springs, FL 32708.
WITNESSETH
WHEREAS, the waters of the State of Florida are among its basic resources and it has been declared to
be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and
ground water;
WHEREAS, pursuant to Chapter 373, Florida Statutes, the DISTRICT IS responsible for the
management of water resources within its geographical area;
WHEREAS, proper management of stormwater is necessary to protect the public health, safety and
welfare and to extend the life of surface and ground water resources;
WHEREAS, the Governing Board of the DISTRICT has established the Stormwater Management
Projects Cooperative Cost-Share Program to support stormwater management efforts which promote flood
control, demonstrate Best Management Practices (BMPs), and implement stormwater utilities or other water
quality management projects;
WHEREAS, the ENTITY has applied for and is qualified to participate in the Stormwater Management
Projects Cooperative Cost-Share Program; and
WHEREAS, the ENTITY and the DISTRICT desire and intend to implement and cost-share the
stormwater management project defined herein.
NOW, THEREFORE, the parties hereto do mutually agree as follows:
1. The subject stormwater project, entitled Cross Street water quality improvement, Wade Street Outfall,
is described as follows: The project consists of providing a water quality retrofit to an existing
developed 25-acre basin. The goal of the project is to provide suspended solids removal for trash and
debris via the installation of a CDS Stormwater Trash Removal Device at the Wade Street Outfall. The
benefits of the project will be to provide a greater level of environmental protection to the area via
providing removal of suspended solids from otherwise untreated urban stormwater runoff.
2. 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. (1997).
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Contract No. 99H262
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3, The DISTRIcr shall:
A. Provide the professional and technical support necessary to properly address all aspects of the
Agreement.
B. Obligate moneys to fund a portion of the stormwater management project in an amount not to
exceed $30,000.
C. Reimburse the ENTITY for satisfactory completion of the water quality retrofit project as
outlined in the ENTITY's Program Application, Exhibit A, attached hereto and by reference
made a part hereof, within 30 days of receipt, inspection, and approval by DISTRICT's Project
Manager of any deliverables stated in Exhibit A, and approved invoice.
4. The ENTITY shall:
A. Implement the Stormwater Management Projects Cooperative Cost-Share Program as defined
in the ENTITY's Program Application, Exhibit A.
B. Obligate moneys to fund any and all costs of the project above the portion to be funded by the
District as outlined in Paragraph 3.B, above.
C. Invoice DISTRICT upon completion of the project, as outlined in Exhibit A, in the not to
exceed amount stated in paragraph 3.B. above. The invoice shall be accompanied by detailed
paid invoices to substantiate completion of the obligation and total cost. The invoice shall
reference the Contract Number provided on the first page of this AGREEMENT and shall be
submitted to Director, Office of Financial Management, P. O. Box 1429, Palatka, Florida,
32178-1429.
5. This Agreement consists of the following items: Agreement; and Exhibit A.
6. ENTITY shall maintain its books and records in such a manner that the receipts and expe!lditures
of the grant funds will be shown separately from other expenditures in an easily checked form.
ENTITY shaJ.1,keep the records of receipts and expenditures of grant funds, copies of all reports
submitted to DISTRICT and copies of all support documentation for at least three (3) years after
expiration of the grant period. In accordance with generally accepted governmental auditing
standards, DISTRICT shall have access to and the right to examine any directly pertinent books,
documents; papers, and records involving transactions related to this grant.
7. This Agreement shall commence upon execution and shall terminate upon satisfactory completion of
the stormwater management project and subsequent cost reimbursement to ENTITY; or one year from
the date of execution, whichever comes first. Work eligible for reimbursement must have started after
'February 10, 1999.
8. If ENTITY fails to satisfactorily implement the stormwater management project or defaults in initiating
same, ENTITY shall not be eligible for reimbursement.
9. Either party may terminate this Agreement at any time by giving the other party thirty (30) days written
notice prior to the date of termination. Upon termination by either party, DISTRICT shall reimburse
ENTITY for all allowable costs incurred to the date of termination,
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Contract No. 99H262
10.
The ENTITY agrees that the DISTRICf or its duly authorized representative shall, until the expiration of
three (3) years after expenditure of funds under this Agreement have access to and the right to examine
any directly pertinent books, documents, papers, and records of the ENTITY involving transactions related
to this Agreement. The ENTITY agrees that payment(s) made wider this Agreement shall be subject to
reduction for amounts charged which are found on the basis of audit examination not to constitute
allowable costs under this Agreement. The DISTRICf reserves the right to cancel this Agreement for
refusal by the ENTITY to allow public access to all documents, papers, letters, or other materials subject
to the provisions of Chapter 119, F.S.
11.
Pursuant to Section 216.347, Fla. Stat., the ENTITY agrees that funds received from the District under this
Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency.
12.
This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation
between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to
recover from the other, reasonable trial and appellate attorney's fees and costs. '
This AGREEMENT upon execution by ENTITY and DISTRICT, and the' contract documents
constitute 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 in this AGREEMENT. ENTITY agrees that
no representations have been made by DISTRICT to induce ENTITY to enter into this AGREEMENT other
than as expressly stated by this AGREEMENT. This AGREEMENT cannot be changed orally, nor by any
means other than written amendments referencing this AGREEMENT and signed by all parties.
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT has caused
this contract to be executed in its name by its Governing Board; and the CITY OF WINTER SPRINGS has
caused this contract to be executed in its name by its duly authorized representatives, and, if appropriate, has
caused'the seal of the corporation to be attached, all on the day and year first above written.
ST. JOHNS RIVER WATER
MANAGE DISTRICf
CITY OF WINTER SPRINGS
By:
By: /~M~,/ L
Attest:
~C-
, Oti. Mason, Secretary
Ronald W. McLemore-City Manager
Typed Name and Title
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.Attest:...".>,c.1/", /,......';.) ,.:;.> '...-->--"
Andrp.R Lorp.nzo-Luacp.s, Interim City Cle.rk
Typed Name and Title
(SEAL)
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Exihibit A
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contract no. 99H262
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STORMWATER MANAGEMENT PROJECTS COST-SHARE PROGRAM
FY 1998-1999
APPLICATION FORM
Please answer all the questions in this form. Applicants are encouraged to supply the information
. requested by using only the space provided on the application forms (page B-1 through B-7 only).
Supporting documents are not necessary.
Please type or print clearly answers to the following questions in the spaces provided.
1. Are You Located in the IndiancRiver Lagoon Area? (check one) 'Yes D No []
2. Name of Applicant _CITY OF WINTER SPRINGS
3. Name, Address, & Phone Numbers of Project Manager
Name CHRISTOPHER W. MURPHY
. Mailing Address 1126 EAST S:R. 434
City WINTER SPRINGS_ ZIP _32707
Phone 407 327 1800 #330
FAX 407 327 0942
4. Project Name CROSS CREEK WATER QUALITY IMPROVEMENTS
5. Is This New or Continuing Project? (check one) New X Continuing, D
-If this is a continuing project, has the project received any grants or funds from
the District and when and how much?
6. Matching Funds Request
Amount of money requested $30,000
Total project cost1 $_68,000
Percentage of total project cost to be covered by the District %_44%
.7. Project SUl1}mary
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The project consists of providing a water quality retrofit to an existing developed 25 acre
basin. The goal of the proposed project will be to provide suspended solids removal for trash
and .debris via the installation of a CDS Stoimceptor Trash Removal. device. The benefits of
the project will be to provide a greater level of environmental protection to the area via
providing removal of suspended solids from.otherwise untreated urban stormwaater runoff.
An additional benefits of the project will be to provide an opportunity for public education
and awareness
I If it is a multi-phase project, please include only the total cost for the phase(s) that requesHor District grant.
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contract no. 99H262
8. DetalIed project description
1). Please provide a description of the proposed project. Include address, section, township, range.
Identify the basin or watershed in which the project will take place (A separate map attachment is
acceptable and 3 copies are required). Does the project promote flood protection, demonstrate Best.
Management Practices (BMPs), or implement stormwater utilities. Is this a proposal for
stormwater design studies, stormwater master planning, or construction or implementation
projects which include innovative enhancements or technology. Is the project already underway
or still in planning stage? -:"10 points
The location of the project will be in the City of Winter Springs at the approximate headwaters of
Cross creek. The actual site is approximately midway between S.R. 419 and S.R. 434 on Wade
Street, Winter Springs. The Section Range and Township that this are encompasses are as follows;
34 30E 20S
The drainage basin that this project will enhance is the Gee Creek drainage basin and the
watershed it is located in is an integral part of Lake Jesup. Presently, trash leaving this area is very
likely to wind up in Lake Jesup or in the Lake Jesup ecosystem due to the absence of a stormwater
treatment facility for associated drainage sub-basin.
The proposed project and the associated grant monies requested will be for construction.
2). How well does the project correspond to the mission, goals, priorities and strategies as specified in
the District's Water Management Plan, Local Government Water Resource Atlas and SWIM Plans,
or other District project goals?(i.e. NEP, Upper St. Johns River Basin, Lake Jesup, PLRGs, etc.)-15
points,.
The project corresponds very well with the mission, goals, and priorities of the Water management
district plan and helps to address District goals regarding Lake Jesup water quality improvements.
Lake Jesup is also considered a SWIM candidate.
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contract no. 99H262
3). If the project is for the purpose of flood protection, is flooding causing property damage? Is there
flooding above finished floors, nuisance flooding, or major damage to properties? If the .project
mainly addresses water quality concerns, will the project improve water quality and by how
much? Does data show a trend in declining water quality of the receiving water body?-10 points
The proposed project addresses water quality concerns. The anticipated effectiveness of the project
will be to remove 95% of all suspended non organic material from the runoff of the sub-basin for
the first 1-inch of runoff.
Data available for the Receiving water body, Lake Jesup, has historically shown a degradation of
this lake(Ref SJ92-SP16). This degradation is attributed to both modification made to the mouth of
the lake near the turn of the century and the ensuing urbanization of the drainage basins which act
as the watershed for Lake Jesup.
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What is the impact of the pro em to be addressed by the proposed project on the surface water
ecosystem? What is the classification of the receiving water body? Does harm to the receiving
water body occur on a frequent basis? -15 points .
The impact to the surface water ecosystem that this project will address is the deposition of pollution
into Lake Jesup. The specific pollution to be addresses is Suspended solids and the method of
deposition prevention will be the removal of Suspended solids from the Storm Sewer via the CDS
structure.
The receiving water body is classified as class ill and is included on the State of Florida's SWIM list.
Harm to the receiving water body occurs on a regular and frequent basis. Only now are major efforts
being considered to restore the water body. While modem development regulations provide for pre-
treatment of urban runoff, older areas do not provide for any water quality treatment. The result is that
reversal of the damage caused to Lake Jesup will not only require major public works projectS'such as .
reestablishing the flow through in the Lake, but it will also require smaller, incremental water quality
improvements on a community by community basis for those areas which discharge to the lake but
provide no water quality treatment.
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5). Is this project approved by referendum., approved by the county/city commission, or strongly
supported by the Public? -5 Points
This project, due to the fact that it helps improve water quality discharges into Lake Jesup is supported
by the Public and associated Lake Jesup groups. In the past groups involved in the improvement of
Lake Jesup by administrative decision, Legislative action~ or simply agency participation by providing
staff for meetings such as the Friends of Lake Jesup, have included the following
SJRWMD
Florida Legislature
Florida Department of Environmental Regulation
Army Corp of Engineers
City of Winter Springs
Seminole County
Does the project offer cost~s ing and how much? Is the project a cooperativeeffott with more'
than one entity? Have the project or some tasks/phases of the projetts received the District
funding in the last three years? If there are other entities participating cost-share, evidence of
commitments from them should be provided -10 points
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Yes, the project offers cost sharing with $30,000 available for actual construction and an additional
$8,000 available for Survey, Design, and Permitting.
Although there is no formal cooperative agreement existing between Winter Springs and other agencies,
the intent of the project is to construct a Stormwater Quality improvement project that will enhance
public awareness of stormwater and the roles of the various agencies involved in managing~tormwater
in the State of Florida.
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contract no. 99H262
7). Please state the financial need of the applicant. What is the applicant's per capita income based on
1990 census? Would the project be completed without funding assistance? -10 points
The financial need of the applicant derives from a small tax base of primarily single family residential
units. The area which the project will be constructed in is a generally lower income residential area
which has neither stormwater attenuation or water quality treatment facilities due to the time period
during which the area was devel~ped. .
Completion of the project in FY98/99 without the requested funding is unlikely due to the
anticipated final Construction cost.
Has the applicant establishe stable, dedicated funding source such as MSJU, MSBU for the
proposed project? Are funding mechanisms in place or planned? The applicant needs to provide
evidence of project funding. - 5 points
Yes, the applicant has a stable, dedicated funding source for the project. The source of the funding
is the Stormwaterutility which the applicant established in 1992. The applicant currently has
$30,000 budgeted under Capital improvements for construction of a project of this type.
Attached please find a copy of page 50 from the City of Winter Springs Finaly Budget for FY 1998-
1999. The funding for this project is available from the Stormwater Utility Fund and is described
as Stormwater Debris Removal Structure Construction. In addition, page 37 is also inclpded.
Funding for Surveying or Engineering is available from Account Number 53180 Consultant
Services.
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9) Will the proposed project require permits from the District and/ or other govemm~nt agencies? If
yes, explain the type of permit needed and the estimated time frame to secure the required permit.
What is the estimated time that is required to complete the entire project or the portion of the
project that requires cost-share? (If this project has more than one tasks, the District would not
cost-share those that are already underway) - 10 points
The applicant will coordinate a meeting with District staff to discuss permitting. If a permit is
needed, the type of permit is anticipated to be a Noticed General and the time frame for permit
completion, submittal, and approval is estimated to be two months. The estimated time to complete
actual construction is estimated to be no more than three months. If fup.ding is provided, it is
estimated that the project would be completed within six months after receiving funding approval.
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10). Please provide a brief work plan including major tasks to be accomplished, milestones and
deliverables. A detailed project budget by tasks, their associated cost, and funding obligation of
the proposed funding entity is also required. The applicant shall identify whether the proposed
work is done in-house or contractual work and how the grant money will be spent and whether the
applicant's share is cash or in-kind services. (An example of a project budget is provided in
EXHIBIT-A on Page B-8 as a guideline) -10 points
PROJECf TASKS
FUNDING SOURCE
SJRWMD
Total
$30,000 cash
$30,000
$68,000
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contract no. 99H262
CITY OF WINTER SPRINGS
FISCAL YEAR 1998-1999 - FINAL BUDGET.
STORMWATER MANAGEMENT UTILITY -130 \
SEPTEMBER 28, 1998 -\
Adopted Approved
1997 FY 97/98 FY 98-99
DESCRIPTION OF REVENUES Actual Budget BUdget
-\
Fees Collected $318,480 $310,000 $325,000 \i
Reimbursement for Town Center Study $0 $0 $35.000
Interest Earned $2,197 $2,500 $2,000
TOTALSTORMWATERREVENUES $320,677 $312,500 $362,000
APPROPRIATIONS FROM FUND BALANCE $0 $43,643 $0
TOTAL REVENUES AND APPROPRIATED
. FUND BALANCE $320,677 $356,143 $362,000
Adopted Approved
ACCOUNT 1997 FY 97/98 FY 98-99
NUMBER Description of Expenditure Actual Budget Budget
51210 Regular Salaries $77.238 $96,440 $104,010
52110 F.I.CA Taxes-City Portion $5.963 $7,378 $8,226
52310 Health/Life Insurance $5,114 $7,942 $7,956
52320 Workers' Comp. Insurance $2,646 $3.395 $3,537
52330 Pension Expense $2,760 $6,451 $7,781
53140 Physical Exams $125 $522 $300
53180 Consultant Services $27.974 $17 ,500 $26,000
53197 Consulting Services-Orange Ave. $0 $0 $0 .
53210 Administration Fees-General Fund $0 $3,500 $3,500
53211 Administration Fees-Utility Fund $0 $1,000 $1,000
54010 Travel & Per Diem $0 $0 $425
54210 Postage $0 $35 $35
54410 Equipment Rental $0 $965 $750
54623 Maintenance Costs $13,740 $18,410 $19,330
54630 Repair & Mainl - Equipment $213 $1,000' $1,122
54650 Repair & Maint. - Vehicles $226 $800 $500
54682 Repair & Mainl - Grounds $18.658 $18,836 $17 ,500
54693 Repair & Mainl - Stormwater Ponds $39,246 $41,972 $45,000
54810 Employee Relations $0 $100 $100
54920 Legal Advertising $120 $0 $120
55110 Office Supplies $0 $275 $275
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55210 Fuel & Oil $0 $750 $500
55220 Tires & Filters $0 $200 $2,200
55230 Operating Supplies $679 $600 $811
55240 Uniforms $0 $582 $600
55270 Small Tools & Equipment $1,042 $2,380 $2.380
55281 Herbicides $1.088 $1,500 $1,250
55290 Protective Clothing $130 $200 $280
55410 Subscriptions $0 $50 $50
55411 Dues & Registration $0 $650 $1 ,200
55430 Employee Development $489 $1 .100 $1,100
Continued to next page
9/21/98
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FY 98/99 Capital Outlay
CAPITAL IMPROVEMENTS
General Fund:
Public Works
Traffic Calming Devices
434 Median Beautification
Total Public Works
Total General Fund Capltallmprovoments
Other Governmental Funds:
Transportation Improvement Fund
Resurfacing
Wagner's Curve Relocation
Underdrains
Fuel Piping Containment - City Hall
Total Transportation Improvement Fund
Stonnwater Utility Fund
Stonnwater Debris Removal Structure construction
Underdrains
Total Stormwater Utility Fund
Transportation Impact Fees
Panama Road Paving
Hayes Road Stacking Lane
Total Transportation Impact Fees .
1997 Series Bond Construction Fund
City Hall Remodeling
Total 1997 Series Bond Construction Fund
Total Other Governmental Funds Capital Improvements
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$75,000
$70,000
$145,000
$145,000
$90,000
$30,000
$20,000
$15,000
$155,000
$30,000
$20,000
$50,000
$800,000
$165,000
$965,000
$25,000
$25,000
$1,195.001
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