ITEM 4F ASCS CONTRACT
quality of Water im movement Program WIP)/Agricultural Stabilization an
ConservationService erstandin Memorand um ofz dde
In order to establish areas of responsibility and cooperation between the
District and the ASCS in sharing the cost of plugging wells on agricultural
land, a Memorandum of Understanding was executed. The agreement was fora
term of one year and this term has expired. Mr. James E. Bailey, State.
Executive Director of ASCS, has stated that the ASCS is agreeable to renewing
the Memorandum of Understanding as written.
STAFF RECOMMENDATION: SEE EXHIBIT FOR- ITEM NO. 4F
Renew the Memorandum of Understanding between the District and the ASCS.
EXHIBIT FOR ITEM NO. 4F
MEMORANDUM OF UNDERSTANDING BETWEEN
THE FLORIDA STATE ASC COMMITTEE AND
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
WHEREAS, the Florida State Agricultural Stabilization and Conservation Service,
hereinafter called State ASC Committee, and the Southwest Florida Water Management
District, hereinafter referred to as District, have the common objectives of helping to
bring about the conservation, development, and wise use of land, water, and related
WHEREAS, the State ASC Committee and District, enter into this Memorandum of
Understanding as the foundation for a continuing cooperative working arrangement to
plug deep artesian wells and agree as follows:
A. The State ASC Committee will do:
1. The Committee will allocate funds to designated County ASC
Committees for the specific purpose of cost-sharing up to 75% of the
total cost for logging and plugging eligible applicants wells.
2. The Committee will provide guidance to local County Committee for
handling on a priority basis cost-sharing assistance to accelerate logging
and well plugging in the designated counties.
3. The Committee, working through the local County Committee, will
inform landowners of the availability of cost-sharing of up to 75% of
total cost for well plugging and encourage participation on a voluntary
4. The Committee will arrange for the local County Committee to execute
form ASCS-36, Assignment of Payment, to reimburse or pay the District
within sixty days after submission of an invoice from the District for
expenses incurred in logging and plugging wells completed through
vendors or for work performed by the District.
5. The Committee will obtain and submit the executed permits of entry
from the eligible applicants authorizing the logging and well plugging and
furnish such other arrangements, as may be mutually agreed upon, to the
District to aid in accelerating the plugging of wells.
B. What the District will do:
1. The District will advise landowners that cost-share assistance to log and
plug wells is available through the local County Committees.
2. The District will enter into contractual agreements with vendors to plug
wells and to undertake the necessary logging tests on farm wells
approved for cost-sharing. The District may use District equipment to
plug wells on selected farms.
3. The District will provide the local Committee with a certification that
each individual well on which payment is to be made has been plugged
and that performed work meets the District requirements.
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4. The District will fund twenty-five percent of the total cost of logging
and plugging farm wells approved by the Committee for cost-share
C. It is further understood:
1. Committee personnel and facilities will be under the administrative
jurisdiction of the Committee and District personnel and facilities will
be under the administrative jurisdiction of the District.
2. Committee and District personnel will meet jointly to discuss priorities
involving cost-sharing and technical requirements essential to obtaining
an effective program operation.
3. It is further understood and agreed that this Memorandum of
Understanding is renewable annually subject to availability of ACP funds
to continue the well plugging activities; provided however either the
State ASC Committee or District may terminate the Memorandum of
Understanding upon thirty days prior written notice to the other party
upon the condition that its vendor shall be compensated for all eligible
services reasonably and properly performed and reimbursable expenses
incurred to the effective date of termination.
4. The Committee and District hereby agrees that in any contract to have
work performed pursuant to this document, that the contract will provide
to indemnify and hold harmless the Committee and District, its officers,
employees, successors, and assigns from any loss, claims, demands,
payments, suits, judgments cost of expense whatsoever, including without
limitation claims of lien and claims for personal injury, death or property
damage resulting or arising in any way from the exercise of the rights
and privileges granted herein or in the guarding of the work.
IN WITNESS WHEREOF, the parties hereto have executed this document
this day of 1983.
FLORIDA STATE ASC COMMITTEE
THOMAS S. KLEPPE, JR., CHAIRMAN
SOUTHWEST FLORIDA WATER
BRUCE A. SAMSON, CHAIRMAN
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jp_ 26 1983