HomeMy WebLinkAboutEDB NFUCG MOA Final EXECUTIVE SUMMARY
AGENDA ITEM:
Request to continue engagement with the North Florida Utility Coordination Group (NFUCG) through a
Memorandum of Agreement(MOA)
Date: June 30,2023
BACKGROUND:
The Clay County Utility Authority(CCUA)participates in the NFUCG with eight(8)other utilities in North
Florida. Collectively, the members of the NFUCG represent roughly 1.2 million people in North Florida.
The members of the NFUCG aim to represent their customers regarding water supply planning and
regulations in the North Florida region.
The Florida Department of Environmental Protection(FDEP), St. Johns River Water Management District
(SJRWMD),and Suwanee River Water Management District(SRWMD)govern water supply planning and
regulations in North Florida.These jurisdictional agencies update the North Florida Regional Water Supply
Plan (NFRWSP) every five (5) years. In addition, these agencies protect natural resources through the
development,implementation,and maintenance of regulations called Minimum Flows and Levels(MFLs).
Many stakeholders seek to influence water supply planning in the NFRWSP and MFL regulation
development. The common mission of providing safe,reliable,economical, and sustainable water supplies
for our customers makes the NFUCG effective in influencing water supply policies. Together the utilities
o within the NFUCG bring significant technical and legal expertise to aid in the development of good
scientifically based water supply policy.
The efforts of the NFUCG directly affect CCUA in the fact that water supply planning and regulations
govern CCUA's Consumptive Use Permits (CUPs). CCUA maintains CUP 416 for the main systems and
CUP 431 for Keystone Heights. We submitted to the SJRWMD, on June 2, 2023, a renewal application
for CUP 416 at a 24 MGD annual average water withdrawal allocation with a standard 20-year permit
duration.
The attached MOA between the member utilities remains the same as the previously agreed to MOA from
2020.
BUDGET:
Staff included the expense associated with the NFUCG in the Fiscal Year 2023/2024 budget.
RECOMMENDATION:
Staff respectfully requests authorization to proceed with executing the attached MOA and continue CCUA's
participation in the NFUCG.
ATTACHMENTS:
Memorandum of Agreement between City of Atlantic Beach, Clay County Utility Authority, City of
Gainesville, City of Jacksonville Beach,JEA, City of Neptune Beach,Town of Orange Park,and St. Johns
County to assess groundwater resource sustainability in Northeast Florida
JDJ//(Author)
AB//(Review)
JDJ//(Final)
MEMORANDUM OF AGREEMENT
BETWEEN
CITY OF ATLANTIC BEACH, CLAY COUNTY UTILITY AUTHORITY, CITY OF
GAINESVILLE, CITY OF JACKSONVILLE BEACH, JEA, CITY OF NEPTUNE
BEACH, TOWN OF ORANGE PARK,AND ST. JOHNS COUNTY
TO ASSESS GROUNDWATER RESOURCE SUSTAINABILITY IN NORTHEAST
FLORIDA
WHEREAS, the St. Johns River Water Management District (SJRWMD) and the
Suwannee River Water Management District (SRWMD) are undertaking and continuing water
supply planning processes using growth projections, groundwater and resource impact models,
and other technical tools that will affect local governments and utilities throughout the region
and specifically developing MFL Prevention and Recovery Plans that local governments and
utilities may be a participant; and
WHEREAS, the City of Atlantic Beach, Clay County Utility Authority, City of
Gainesville, City of Jacksonville Beach, JEA, City of Neptune Beach, Town of Orange Park, 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) and
Suwannee River Water Management District's (SRWMD) water supply planning processes; 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; and
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.
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 Exhibit A 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
Exhibit A may be modified and/or additional Scopes may be added at a future date, in
accordance with the provisions set forth in paragraphs 4, 6 and 8 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 6 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 a 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
$1,500,000 over the term of this Agreement (the "Total Costs Amount") as presented in Table 1.
These costs are anticipated to be incurred at approximately $500,000 per year for each of the
three (3) years of the Agreement (Fiscal Years 2024, 2025, and 2026). Exhibit A contains a draft
scope of services for these activities. This scope will be updated and adjusted as needed by the
committee. Decisions to add additional services within the Scopes, but subject to and limited by
the Total Costs Amount, will require at least a majority vote of the OWNERS. The addition of
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Scopes above the Total Costs Amount will require written modification of this Agreement and
the approval of a majority of the OWNERS. 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 10 hereof
5. Effective Date. The Effective Date of this Agreement shall be October 1, 2023.
6. Reimbursement of Expenses. OWNERS will reimburse JEA on up to a monthly
basis and within 30 days of invoicing by JEA in consideration of this Agreement based on actual
costs incurred during the preceding period. Costs to each OWNER will be paid proportionally to
each utility's 2022 total annual average daily flow for the duration of this Agreement, as follows:
Table 1: Percentage Reimbursement and Cost
Owner 2022 Reimbursement Total Annual Total Cost
Flow (%) Cost Amount
AADF
(MGD)
City of Atlantic 2.4 1.32%
Beach $6,578 $19,735
Clay County 12.83 7.03%
Utility Authority $35,166 $105,498
City of 23.2 12.72%
Gainesville $63,590 $190,769
City of
Jacksonville 2.48 1.36% $6,798 $20,393
Beach
JEA 124.81 68.42% $342,095 $1,026,285
City of Neptune 0.68 0.37%
Beach $1,864 $5,591
Town of Orange 0.86 0.47%
Park $2,357 $7,072
St. Johns County 15.16 8.31% $41,552 $124,657
Total 182.42 100.00% $500,000 $1,500,000
Note: AADF is annual average daily flow
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, but the defaulting OWNER shall not be liable for any cost
or expenses from the date it is no longer a part of the OWNERS group. If an OWNER defaults or
separates from the group in accordance with paragraph 10, 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.
7. Notification. Correspondence to JEA, project administration questions, and
payment, as well as any other notice, shall be directed as follows:
Tom Bartol, PE
JEA
21 W. Church St. T-8
Jacksonville, Florida 32202
(904) 665-6373
barttj@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:
Steve Swann Director of Public Works
City Engineer City of Neptune Beach
City of Atlantic Beach 2010 Forest Avenue
800 Seminole Road Neptune Beach, Florida 32266
Atlantic Beach, FL 32233 (904) 270-2423
904-247-5874 dpw@nbfl.us
sswann@coab.us
Jeremy Johnston Chuck Pavlos
Executive Director Public Works Director
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
jjohnston@clayutility.org cpavlos@townop.com
Rick Hutton Colin Groff
Supervising Engineer Utility Director
W/WW Division St. Johns County
Gainesville Regional Utilities 1205 SR 16
4747 N Main Street St. Augustine, Florida 32084
Gainesville, FL 32609 (904) 209-2700
(904) 393-1612 cgroff@sjcfl.us
huttonrh@gru.com
Kayle Moore
Engineer
City of Jacksonville Beach
1460A Shetter Avenue
Jacksonville Beach, Florida 32250
(904) 247-6219
kmoore@jaxbchfl.net
8. Modification. This Agreement may be modified only upon mutual, written
agreement signed by all of the OWNERS.
9. Additional Parties as OWNERS. OWNERS may be added to the Agreement in
the future. Decisions to add additional OWNERS will require at least a majority vote of the
OWNERS. If an OWNER is added, JEA shall re-allocate the reimbursement percentages set
forth in paragraph 6 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.
10. 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 Annual Cost and Total
Cost Amount OWNER allocation described above.
11. Execution. This Agreement may be executed in multiple counterparts, each of
which shall be considered an original document for all purposes.
12. Termination. This Agreement shall terminate on September 30, 2026 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.
AGREED TO on this day of
Signature Pages Follow
DATE: CITY OF ATLANTIC BEACH
Joe Gerrity
Interim City Manager
City of Atlantic Beach
800 Seminole Rd.
Atlantic Beach, Florida 32233
DATE: CLAY COUNTY UTILITY AUTHORITY
Jeremy Johnston
Executive Director
Clay County Utility Authority
3176 Old Jennings Road
Middleburg, Florida 32068
DATE: CITY OF GAINESVILLE
Anthony Cunningham
Water/Wastewater Officer
Gainesville Regional Utilities
301 SE 4th Avenue
Gainesville, Florida 32601
DATE: CITY OF JACKSONVILLE BEACH
Mike Staffopoulos
City Manager
City of Jacksonville Beach
11 North Third Street
Jacksonville Beach, Florida 32250
DATE: JEA
JEA
21 W. Church Street, JEA Tower 16th Floor
Jacksonville, Florida 32202
DATE: CITY OF NEPTUNE BEACH
Richard Pike
Interim City Manager
City of Neptune Beach
116 First Street
Neptune Beach, Florida 32266
DATE: TOWN OF ORANGE PARK
Sarah Campbell
Town Manager
Town of Orange Park
2042 Park Avenue
Orange Park, Florida 32073
DATE: ST. JOHNS COUNTY
Hunter Conrad
County Administrator
St. Johns County
500 San Sebastian View
St. Augustine, Florida 32084
Exhibit A: General Scope of Support Services
Proposed Workplan
The following tasks are expected to be completed by engineering consultants over the next 3
years on behalf of NFUCG. This workplan is a general guide to the activities that are likely to
occur over the next several years and does not represent a detailed scope of work. Detailed
scopes will be developed as the water supply planning process evolves and new information
necessitates engaging the technical services of engineering consultants.
Task 1. Participate in Lower Santa Fe and Ichetucknee River MFLs and
Prevention/Recovery
SRWMD is in the process of re-evaluating MFLs and developing recovery and prevention
strategies for the Lower Santa Fe and Ichetucknee Rivers (LSFIR). The following are the primary
tasks requiring technical services related to NFUCG participation in these processes.
Task 1.1 Review MFLs
to
Revised MFLs for the LSFIR have been published. Over several years, NFUCG has been actively
involved with the proposed LSFIR MFLs. The effort includes performing groundwater and
surface water modeling, compiling data, meeting with the District, and conducting field
assessments as required.
Task 1.2 Evaluate Regulatory, Water Supply, and Water Resources Development Strategies
The purpose of this task is to evaluate proposed strategies to analyze their impact on the LSFIR
NFUCG. The effort includes compiling data for performing groundwater and surface water
modeling, proposing recommended strategies and presenting results as necessary to NFUCG
and the working group. The effort also includes evaluation of proposed regulatory strategies
and their effect on the NFUCG.
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Task 2. Review Other MFLs Proposed by SRWMD
SRWMD has initiated MFL development for major waterbodies and springs in the Suwannee
River Basin. As such, these MFLs could have a significant potential impact on the NFUCG. The
purpose of this task is to have technical resources review interim and final work products and
to participate in public information meetings
Task 3. Provide Technical Resources to the Development of Future
Groundwater and MFL Modeling Tools
The following primary tasks require technical services for NFUCG to understand and participate
in the development and application of groundwater modeling tools being created by SJRWMD
and SRWMD.
Task 3.1 Review Northeast Florida Southeast Georgia (NFSEG) Regional Groundwater Model
The St. Johns River Water Management District (SJRWMD), Suwannee River Water
Management District (SRWMD), and Southwest Florida Water Management District (SWFWMD)
to
have developed a regional groundwater flow model, the NFSEG v1.1 Model. The purpose of this
task is to continue providing technical services for NFUCG to understand and participate in
developing the next version of the NFSEG regional groundwater flow model. This effort includes
documenting findings, presenting finding to NFUCG, and meeting with SJRWMD to
incorporated comments. It also includes participating in the peer review of the NFSEG model
which is underway.
Task 4. Participate in Development of North Florida Regional Water
Supply Plan (NFRWSP)
SJRWMD and SRWMD previously initiated the development of the NFRWSP, a joint regional
water supply plan that identified sustainable water supply for reasonable water uses in North
Florida through 2035 while protecting the water resources and environment of the region. The
NFRWSP was approved in 2016 and is anticipate to be updated by the end of 2023. The purpose
of this task is to provide technical resources to the NFUCG to evaluate the NFRWSP as it is
updated in 2023.
Task 5. Document and Communicate Major Finding to NFUCG
Information must be documented and communicated throughout this process. The consultant
will prepare meeting minutes and develop supporting materials to record major findings and
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decision points related to the previous tasks. These findings will be distributed to NFUCG and
presented at status meetings.
Strategic & Legal Support Services to NFUCG
Proposed Workplan
In addition to technical assistances, the NFUCG recognizes the need for strategic and legal
expertise. The workplan for these activities are not easily defined at this time, but will generally
consist of legal interpretation and representation regarding the following:
1. Water Supply Planning
2. Minimum Flows and Levels
3. Rule-making
4. Legislative Rules and Requirements
to 5. Permitting and Implementation
6. General Guidance
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