Loading...
COOPERATIVE FUNDING AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT - L810 AGREEMENT NO. 08CS0000026 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR THE DESIGN AND CONSTRUCTION OF THE CLEARWATER CHAUTAUQUA/COACHMAN RECLAIMED WATER PROJECT (L810) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 1650 North Arcturas Avenue, Clearwater, Florida 33765, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of design and construction of reclaimed water transmission and distribution lines to serve the. Chautauqua and Coachman areas of Clearwater, hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding the PROJECT; and WHEREAS, DISTRICT funding for the PROJECT may include funds from the Water Protection and Sustainability Program Trust Fund (WPSPTF), Florida Department of Environmental Protection (FDEP), Catalog of State Financial Assistance number: CSFA 37.066. NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth in the introductory paragraph of this Agreement. Page 1 of 9 Project Manager for the DISTRICT: Project Manager for the CITY: Anthony Andrade Jerry Wells Any changes to the above representatives or addresses must be provided to the other party in writing. 1 .1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 6, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Scope of Work set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph 3.2 below. The adjustment must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to-exceed amount set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY agrees to perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the Scope of Work set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT and the CITY prior to being performed by the CITY, subject to the provisions of Paragraph 3, Funding. The CITY will be solely responsible for managing the PROJECT, including the hiring and supervising of any consultants or contractors it engages in order to complete the PROJECT. If the CITY utilizes a third party to contract directly with consultants and contractors as set forth in Exhibit "A", the CITY will require that such third party provide the necessary supervision in order to ensure that the PROJECT is completed in accordance with the Scope of Work set forth in Exhibit "B." In any case, the CITY is responsible for ensuring that all work performed is conducted in accordance with this Agreement. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Three Million Nine Hundred Fifty-Four Thousand Dollars ($3,954,000). The DISTRICT agrees to fund PROJECT costs up to One Million Nine Hundred Seventy-Seven Thousand Page 2 of 9 Dollars ($1,977,000), subject to Paragraphs 3.1, 3.2, 3.4, 3.7 and 3.8 below, and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to One Million Nine Hundred Seventy-Seven Thousand Dollars ($1,977,000), and will be responsible for all costs in excess of the anticipated total PROJECT cost. The CITY will be the lead party to this Agreement and pay PROJECT costs prior to requesting reimbursement from the DISTRICT. 3.1 Any funds received from the WPSPTF will be applied to equally reduce each party's share of allowable construction costs not to exceed 20% of the total allowable construction costs for the PROJECT. Any state or federal appropriations or grant monies received by the CITY for this PROJECT will be applied to equally reduce each party's share of PROJECT costs. The parties will provide each other with written documentation detailing their allocation of any such funds appropriated for this PROJECT. In the event the DISTRICT provides funding for the PROJECT in excess of the DISTRICT'S share after all state and federal appropriations, and grant monies have been applied as set forth herein, CITY will promptly refund such overpaid amounts to the DISTRICT. This paragraph will survive the expiration or termination of this Agreement. 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Scope of Work set forth in Exhibit "B." The CITY may contract with consultant(s) or contractor(s) or both in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget amounts for the work set forth in such contract( s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the CITY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the CITY, but at no point in time will the DISTRICT'S expenditure amount under this Agreement exceed expenditures made by the CITY. Payment will be made to the CITY in accordance with the Local Government Prompt Payment Act, Part VII of Chapter 218, Florida Statutes (F.S.), upon receipt of an invoice, with the appropriate support documentation, which will be submitted to the DISTRICT monthly at the following address: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 3.3 The Project Budget includes any travel expenses which may be authorized under this Agreement and reimbursement will be paid in accordance with Section 112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit "C," as both may be amended from time to time. Page 3 of 9 3.4 The CITY will ensure that the reclaimed water infrastructure related to the PROJECT is constructed, operated and maintained in such a manner that it will continue to be utilized to its proposed capacity, as described in this Agreement for a minimum of 20 years. Capacity is defined, for the purposes of this Agreement, as the reclaimed water benefits described in the Scope of Work, except for adverse short-term conditions beyond the control of the CITY. The CITY will provide written notice to the DISTRICT of any adverse short-term conditions and the CITY'S plan of action with regard to said conditions. The DISTRICT Project Manager will evaluate and determine the CITY'S compliance with this provision as part of the DISTRICT required "Annual Reclaimed Water Summary Report" evaluation. If the reclaimed water infrastructure related to the PROJECT is not utilized to its proposed capacity as described in this Agreement, the DISTRICT may require the CITY to reimburse the DISTRICT for payments made pursuant to this Agreement in an amount equivalent to the percentage of capacity not attained. This provision will survive the term of this Agreement. 3.5 The CITY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.6 Each CITY invoice must include the following certification, and the CITY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the CITY'S matching funds, as represented in this invoice, are directly related to the performance under the Design and Construction of The Clearwater Chautauqua/Coachman Ridge Reclaimed Water Project (L810) agreement between the Southwest Florida Water Management District and the CITY (Agreement No. 08CS0000026), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.7 The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until construction of the PROJECT has commenced. 3.8 The CITY recognizes that the DISTRICT has approved $296,500 for the PROJECT through Fiscal Year 2008. This amount includes $0 of WPSPTF funds. The additional funds identified by the DISTRICT for the PROJECT are contingent upon approval of such amounts by the DISTRICT Governing Board in the .annual budget(s) for future Fiscal Year(s). Additionally, the DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. Page 4 of 9 4. FLORIDA SINGLE AUDIT ACT. If future funding for this Agreement includes state financial assistance, it will be subject to the Florida Single Audit Act (FSAA), Section 215.97, F.S. Should the CITY become a sub recipient of state financial assistance under this Agreement, it may be subject to audits and monitoring as described in the Special Audit Requirements set forth in Exhibit "D." The CITY would also be required to use the Florida Single Audit Act Checklist For Non-State Organizations - Recipient/Subrecipient vs. Vendor Determination (Attachment 2 of Exhibit "D"), to evaluate the applicability of the FSAA to non-state organizations to which the CITY provides State resources to assist in carrying out activities related to this Agreement. 5. WATER RATE STRUCTURES. The CITY will continue to enforce potable rate structures for water customers in the CITY'S service area that will promote the conservation of water and the use of water from alternative water supplies. The CITY will provide a copy of such rate structures to the DISTRICT prior to the CITY'S first request for reimbursement of PROJECT costs. 6. CONTRACT PERIOD. This Agreement will be effective October 31, 2007, and will remain in effect through December 31, 2011, unless terminated, pursuant to Paragraph 10 below, or amended in writing by the parties. Work performed outside of the above contract period is not eligible for reimbursement. 7. PROJECT RECORDS AND DOCUMENTS. Each party, upon request, will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Each party will maintain all such records and documents for at least five (5) years following completion of the PROJECT. All records and documents generated or received by either party in relation to the PROJECT are subject to the Public Records Act, Chapter 119, F.S. 8. REPORTS. The CITY will provide the DISTRICT with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. The CITY must submit all environmental data collected under this Agreement to the DISTRICT for upload to the Florida Department of Environmental Protection's (FDEP) water quality database in accordance with Rule 62-40.540, Florida Administrative Code (F.A.C.). 9. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768:28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of either party's sovereign immunity under Section 768.28, F.S. or extend either party's liability beyond the limits established in Section 768.28, F.S. Page 5 of 9 10. DEFAULT. Either party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement at the time of termination. To effect termination, the terminating party will provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will automatically terminate. 11. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 12. DISTRICT RECOGNITION. The CITY will recognize DISTRICT funding and, if applicable, Basin Board funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT approval. If construction is involved, the CITY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT and, if applicable, the Basin Board(s). All signage must meet with DISTRICT written approval as to form, content and location, and must be in accordance with local sign ordinances. 13. PERMITS AND REAL PROPERTY RIGHTS. The CITY must obtain all permits and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT will have no obligation to reimburse the CITY for any costs under this Agreement until the CITY has obtained such permits and rights and construction has commenced. 14. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local. laws, rules, regulations and guidelines, related to performance under this Agreement. 15. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design services, the CITY'S professional designers and the DISTRICT'S regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT rules and regulations. 16. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the CITY to make Page 6 of 9 good faith efforts to encourage the participation of minority owned and woman owned and small business enterprises, both as prime contractors and sub-contractors, in the performance of this Agreement, in accordance with applicable laws. 16.1 If requested, the DISTRICT will assist the CITY by sharing information to help the cooperator in ensuring that minority owned and woman owned and small businesses are afforded an opportunity to participate in the performance of this Agreement. 16.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with each contractor or sub-contractor, and to the extent such information is known, whether each contractor or sub-contractor was a minority owned or woman owned or small business enterprise. If no minority owned or woman owned or small business enterprises were used in the performance of this Agreement, then the report shall so indicate. The Minority/Women Owned and Small Business Utilization Report form is attached as Exhibit "E." The report is required upon final completion of the PROJECT prior to final payment, or within . thirty (30) days of the execution of any amendment that increases PROJECT funding, for information up to the date of the amendment and prior to the dispersement of any additional funds by the DISTRICT. 17. ASSIGNMENT. No party may assign any of its rights under this Agreement, including any operation or maintenance duties related to the PROJECT, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner without the prior written consent of the other party. In the event of any purported assignment of rights in violation of this section, the parties agree that this Agreement shall terminate and is void. 18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. 19. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 20. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Page 7 of 9 21. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. DISCRIMINATION. Pursuant to Subsection 287.134(2){a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. CITY agrees to include this provision in all subcontracts issued as a result of this Agreement. 23. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 24. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement, then to Exhibit "A," then to Exhibit "C," then to Exhibit "0," then to Exhibit "B," and then to Exhibit "E." Exhibit "A" Exhibit "B" Exhibit "C" Exhibit "0" Exhibit "E" Special Project Terms and Conditions Scope of Work District Travel Procedure 13-5 Special Audit Requirements Minority/Women Owned and Small Business Utilization Report Form Page 8 of 9 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FL RIDA WATER MANAGEMENT DISTRICT I By: David L. b--7 ~ 0'1 Date CITY OF CLEARWATER 1~ f(~ ftF8rik V. Hibbard, Mayor-~~ Date By: By: f3Ji ~ Bill Horne, City Manager AssistanCity Attorney Camilo A. Soto 5-U)-o~ Date Attest: DISTRICT APPROVAL INITIALS DATE lEGAL MPJ M '2/7-1,/08 RISK MGMT N/A . CONTRACTS ~ ~'1 PRJ DEPT DIR DEPUTY EXEC DIR f,J- \ ' GOVERNING BOARD N/A Page 9 of 9 AGREEMENT NO. 08CS0000026 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT AND CONTRACTOR. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design and a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in accordance with the Scope of Work attached as Exhibit "B." The CITY will be responsible for administering the contracts with the CONSULTANT and CONTRACTOR and will give notice to proceed to the CONSULTANT no later than May 30,2008. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The CITY must obtain the DISTRICT'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT will not unreasonably withhold its approval. The DISTRICT'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S approval will not constitute a waiver of the CITY'S obligation to assure that the design professional performs according to the standards of his or her profession. The CITY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. FINAL DESIGN REPORT AND APPROVAL. The CITY must provide the DISTRICT with a final design report. The final report must clearly evidence that at least fifty percent (50%) of the reclaimed water will offset existing or planned, ground water or surface water withdrawals. The CITY must obtain the DISTRICT'S approval of the final design report prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. 4. DISTRICT REVIEW OF CITY'S SELECTION OF CONTRACTOR. The CITY will provide the DISTRICT with a tabulation of CONTRACTOR bids and a recommendation to award. The CITY must obtain the DISTRICT'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT will not unreasonably withhold its approval. The CITY will provide the DISTRICT with a copy of the "Notice to Proceed" provided to the CONTRACTOR. The CITY will be responsible for overseeing the CONTRACTOR'S work efforts in construction of the PROJECT, however, the CITY will keep the DISTRICT'S Project Manager apprised on all PROJECT related matters. Page 1 of 7 5. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICT'S prior written approval of all contracts entered into with its CONSULTANTS and its CONTRACTORS as referenced above in item number one of this exhibit. The DISTRICT will not unreasonably withhold its approval. 6. COMPLETION DATES. The CITY will commence construction on the PROJECT by December 31, 2008 and will complete the PROJECT by December 31, 2010. However, in the event of any national, state or local emergency which significantly affects the CITY'S ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies beyond the control of the CITY such as labor strikes or riots, then the CITY'S obligation to complete said work within aforementioned time frames will be suspended for the period of time the condition continues to exist. This will be the CITY'S sole remedy for the delays set forth in this paragraph. 7. ANNUAL RECLAIMED WATER SUMMARY REPORT. The CITY must provide the DISTRICT with an "Annual Reclaimed Water Summary Reporf' showing the reuse flow and customer information for the CITY'S entire reuse system. This report requirement will become effective upon execution of this Agreement. The reporting period will be October 1 st through September 30th and the report must be submitted by January 1 sl of the calendar year following the fiscal year period. The report format is attached as Attachment "1," Sample Annual Reclaimed Water Summary Report. The report format will be updated by the DISTRICT as needed. The CITY will obtain the DISTRICT'S approval of the report before the report is finalized, and the DISTRICT will not unreasonably withhold its approval. Annual submission of this report will eliminate the requirement for the Reclaimed Water Offset Report by the CITY from any ongoing or previously completed reclaimed water projects with the DISTRICT. In addition to other remedies provided in this Agreement, noncompliance with this report requirement may affect the CITY'S eligibility for further DISTRICT funding. This provision will survive the term of this Agreement. 8. PROJECT COORDINATION. The CITY will keep the DISTRICT advised at all times during the course of the PROJECT. The CITY will provide the DISTRICT'S Project Manager with advance notice of all PROJECT meetings with the CONSULTANT, CONTRACTOR, other third parties, and regulatory agencies and will copy the DISTRICT'S Project Manager on all pertinent PROJECT related correspondence. The CITY will provide the DISTRICT'S Project Manager with updated design and construction schedules. The CITY will provide the DISTRICT'S Project Manager written bi-monthly status reports a minimum of fifteen (15) days prior to January 1, March 1, May 1, July 1, September 1, and November 1, of each year through out the term of the Agreement. Page 2 of 7 9. DISTRIBUTION REQUIREMENTS. The CITY will adhere to the following terms and conditions and will provide written documentation of the status of each prior to requesting any reimbursement. A. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will submit a copy of the applicable section of its Comprehensive Plan requiring dual distribution (potable and reclaimed) lines in new developments within their reclaimed water service area, and will provide assurances of enforcement. B. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will submit a copy of their existing current ordinance/code (Article IX: Reclaimed Water Use; Ord. Sec. 32.351 thru 32.383) which provides for the efficient use of reclaimed water for aesthetic landscape irrigation which results in at least a fifty percent (50%) offset to ground water, surface water, and or potable water supplies. Examples may include, but are not limited to: eliminating daytime reclaimed water irrigation, odd/even reclaimed watering schedules, and residential reclaimed water metering coupled with water conserving rates. Such measures will be developedlimplemented with the intent of eliminating practices, which do not result in the beneficial offset of potable, or groundwater uses. C. The CITY will enforce a policy to guarantee a rate of connection to the reclaimed water system that is not less than fifty percent (50%) of the customer accounts in the PROJECT'S service area. This fifty percent (50%) rate of connections will be achieved in the PROJECT service area within one year of PROJECT completion. The policy and proof of this connection rate is included in the Scope of Work set forth in Exhibit "B." D. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will have initiated the installation of reclaimed water meters within the PROJECT service area identified in the Scope of Work set forth in Exhibit "B." The CITY will maintain said meter(s) and report annual utilization to the DISTRICT. 10. EDUCATION PROGRAM AND APPROVAL. The CITY will continue the customer education program promoting the efficient use and conservation of reclaimed water. Plans for the program are included in the Scope of Work set forth in Exhibit "B". The CITY must obtain the DISTRICT'S approval of the educational material prior to proceeding with implementation of the PROJECT. The DISTRICT will not unreasonably withhold its approval. The education program must continue to be implemented prior to reimbursement from the DISTRICT. 11. REQUIRED RECLAIMED WATER CUSTOMERS. The CITY will obtain written agreements with reclaimed water customers served by the PROJECT that provide at least fifty percent (50%) of the PROJECT'S proposed reclaimed water offsets of Page 3 of 8 existing or planned, ground water or surface water withdrawals, under normal operating conditions for a minimum of 20 years. Written notification that all such agreements have been secured will be provided to the DISTRICT'S Project Manager prior to initiating construction of the PROJECT, and copies will be furnished upon request. Where reclaimed water will offset withdrawals under water use permits (WUPs), the CITY will secure long term written agreements with those customers served by the PROJECT, ensuring utilization of reclaimed water at the proposed capacity, as described in this Agreement, for a minimum of 20 years. The CITY will ensure said customers will provide the PROJECT'S proposed offsets of existing or planned, ground water or surface water withdrawals, under normal operating conditions. Written notification that all such agreements have been secured will be provided to the DISTRICT'S Project Manager prior to initiating construction of the PROJECT, and copies will be furnished upon request. 12. RECLAIMED WATER GIS REQUIREMENTS. Reclaimed water facility information will be delivered to the DISTRICT, preferably as four separate Arclnfo coverages or ESRI shapefiles, as detailed below. If the CITY is unable to provide the reclaimed water facility information in the preferred formats, the CITY must obtain the DISTRICT'S written approval of a mutually acceptable alternative format. The DISTRICT'S GIS Manager and each party's Project Manager must approve the written summary of the alternative format. The CITY must provide the reclaimed water facility GIS information to the DISTRICT upon completion of PROJECT construction and prior to submission of the final invoice. Coverages will have the following characteristics: ~ Double Precision. ~ Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum (HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum. ~ Full topological structure with no edit masks. ~ Verified FUZZY tolerance of .001 meters. Shape files will have the following characteristics: ~ Projection of Universal Transverse Mercator (UTM), Zone 17, NAD 83/90 datum (HPGN), units of meters or State Plane Feet, West Zone, NAD 83/90 datum. ~ All line features will be snapped at connecting ends. ~ Shared borders of adjacent polygon features will have exact coincidence. No slivers are permissible. This requirement is analogous to the topological requirements for Arclnfo polygon coverages. These data files are designed to be developed using heads-up digitizing techniques from 1 :12,000 digital orthophotos. Higher accuracies are permissible; but the attribute Page 4 of 8 and topological structures defined below will be adhered to. If requested, the DISTRICT will provide technical assistance and digital orthophoto basemaps that can be used for data automation. All data files will be delivered on CDROMs, or if approved in writing, transfers via Internet FTP will be accepted. The following data files will be delivered: Waste Water Treatment Plants Coverage Name: WWTREA TPL Description: Locations of all waste water treatment plants. Locations are to be represented by a point that represents the approximate center of the main entry gate of the property on which the treatment plant resides. Coverage Type: POINT Items in addition to default attributes for Arclnfo point coverages. PLANT_CAPACITY 4,12, F, 2 Permitted annual daily average treatment capacity, in millions of gallons per day (MGD). PLANT FLOW 4, 12, F, 2 Annual daily average of treated water, in millions of gallons per day (MGD). REUSE_CAPACITY 4,12, F, 2 Permitted annual average reuse capacity in millions of gallons per day. PLANT _RE_FLOW 4, 12, F, 2 Annual daily average flow of reclaimed water, in millions of gallons per day (MGD). REP YEAR 4,4, I Reporting year PLANT FLOW PLANT _RE_FLOW values. and PLANT NAME 40,40, C Name of treatment plant. TREAT LEVEL 3, 3, C Treatment level: ADV Advanced.(AWT). SAD Secondary treatment with filtration. SEC Secondary treatment. FT Full treatment. Page 5 of 8 DISINF _LEVEL 2,2,C Disinfection level: BA Basic. IN Intermediate. HI High. FT Full treatment disinfection. Reclaimed Water Transmission Lines Coverage Name: RWLlNES Description: All proposed and existing reclaimed water lines. All features will be located within plus or minus 10 meters of their actual location. Coverage Type: LINE Items in addition to default attributes for Arclnfo line coverages. LINE_STATUS 2, 2, C Current status of line: EX Existing line. PR Proposed line. LINE_SIZE 4, 12, F, 1 Diameter of reclaimed water line in inches. LINE FUNDING 1, 1, C Is funding provided by the District for this line? Y Yes N No Reclaimed Water Storage Areas Coverage Name: RWSTORAGE Description: Locations of all reclaimed water storage facilities. Locations are to be represented by a point that represents the approximate center of the main entry gate at which the reclaimed storage facilities reside. Coverage Type: POINT Items in addition to default attributes for Arclnfo point coverages. STORAGE_TYPE 4, 4, C Type of reclaimed water storage facility: POND Pond or uncovered tank. TANK Tank. ASR Aquifer storage and recovery. Page 6 of 8 Is funding provided by the District for this facility? Y Yes N No STORAGE_FUND 1, 1, C Current status of storage facility: EX Existing. PR Proposed. STORAGE_STAT 2,2,C Reclaimed Water Users Coverage Name: RWUSER Description: Polygons delimiting the area served by reclaimed water lines. Locations are to be represented by a polygon that represents the reclaimed water user. This coverage is not meant to represent individual households, but instead should represent subdivisions, agricultural or commercial operations, golf courses, etc. All features shall be located within plus or minus 10 meters of their actual location. Coverage Type: POLYGONS Items in addition to default attributes for Arclnfo line coverages. USER NAME USER TYPE 60, 60, C Name of the reclaimed water user at that location. 4, 4, C Type of reclaimed water user: RES Residential irrigation. GOLF Golf course irrigation. RIA Recreational/Aesthetic (parks, cemetery, fountains and other water features ). MINE Mining and dewatering. POW Power generation. I/C Industrial/Commercial. GW Ground water recharge. IP Indirect potable reuse (surface water augmentation ). WET Wetlands creation, enhancement or restoration ). AG Agriculture irrigation. Page 7 of 8 QUANTITY 4, 12, F, 3 Estimated annual daily average amount of reclaimed water used, in millions of gallons per day (MGD). Current status of water user: EX Existing user. PR Proposed user. USER STATUS 2, 2, C Onsite reclaimed water storage. Y Yes N No USER STORAGE 1, 1, C The remainder of this page intentionally left blank. Page 8 of 8 c Coo .""tor (Utilit J WUPI. - R... C<l.t WUP Cu,h>mer locOllfotl ,u.. ell,t v.., Loti/ud. Lon nude WlJPlll.l~ Cuel., Nam. Florida Firs\UIHi Florida Firat U~I; .65 S ri s E~m. Schl RAe S ill .MlOdleSchl RAe Antho<1 Coil., Ho Clonic RAe Sri" YMCA RAe Foxworth GC GC "" NSR AGR 21':;O")B.6' 87'28"35.2' 2.7'31"48.1'82"28"41.1' U"JU"Il:l' 8L"2W'6JA ;>rJ(l_~lB,5' 87?8"S5,7 ATTACHMENT "1" SAMPLE ANNUAL RECLAIMED WATER SUMMARY REPORT "'~I Public ""'''' ""'" '1>.500 '1>.500 '1>.500 '1>.500 320,000 "'''''' ,,= ,,= 'of 'of Pro"ecf. METE'JI: SWFWMD SanrIcll Acti.... Pro o.~ SIfrt Pm ,ao..a Cueto Flow .A 1462 K'" , 41,000 "" , 41,000 '''' , 41,000 '''' , ""'" K'" , ""'" "" , 427.0m 0 C 0 ".. 632000 " ,,= o c o 4111400 Cod.. 1. U.. Type: RES R....o.,ntla; Ln",ato"",AGR.o'Ag"cul1ural "riga!Io!l.INO=lodlJ.t,I"IIComm"n"lallMin",g/D<tw~t""n<J, GC.~GolfCours" irrigation. RAe" R"""..aIKm~l ll"sft'>t,I", and u>I"m..rd,,1 ",;gal~m. NSR~Na!urat $....1..", RestmallOf1 8. Enhancement 2. T,...jltlorlJOl Sou",.: Fl~Flo<lda Aquil"'.l...."~ntefmediate Aqnil"" SA=SLJrl~:I,,1 A'1u,f~,. 5W_<Suriace W~t~r 3. Dell....ry Mod.; p~@ lr1lga~an pressuros, S=@ low pro""ur~ to o[1-",le .Io(/'q<l 4. OllMr Codfl.: Ord- R.u.. utJliUltlan and rat.~ det.rmlned ordin..nce, no conlrllct In .ffect. E.t-edim..l.d. C.,~t-Cu~to",..., Coop" Coope-.tor, WlJp.w;ot.r U.. P.rmit, 5. Pri....t. Supply- Deep Well or Surface Wale, Wilhdm_l. R.portlngTime1'r......: Oc!. 1. 2004 to Sepl. JO. 2005 ....., PrivateS I 0ffi00' ""'., C..lculatlon M.t.rorE-t, Meter Met..r Met..r 13200 """Ier Meier MoI..r 90000'-'''''~ 62 62 '" Rlilun ......Contract Month.Year Contract ..... End R."B.. Traditiona.l Qua.ntit GPI) ..... -~ o.a 1.tOnli... WUCA Sou"""' NlA No o.o~, NTB Fe NlA ... -00 NTB FL NlA No ,-00 NTB FL NlA HfZ11lOO1 1112112Q21 No ,-00 NTB FL NlA No ,-00 NTB FL NlA No ,-00 NTB eL NlA ,,,,,,,,. 911012018 VM -00 NTB FL AGREEMENT NO. 08CS0000026 EXHIBIT "B" PROPOSED PROJECT PLAN PROJECT INFORMATION 1. TYPE OF PROJECT: This alternative water supply project consists of the design, permitting and construction of reclaimed water transmission mains, distribution piping to provide service to the Chautauqua/Coachman area of the CITY. The PROJECT consists of the design, permitting and construction of reclaimed water transmission mains, distribution piping in the Chautauqua/Coachman area of the CITY. 2. PROJECT OBJECTIVE: The goal of this PROJECT is to replace existing potable water and potable quality groundwater used for irrigation and other non-potable uses with reclaimed water. This endeavor represents a timely opportunity to leverage CITY and DISTRICT funds for a project that will be integral in offsetting high potable water use in an areas that do not have access to reclaimed water. The PROJECT described below will assist the CITY in attaining the goal of building a citywide reclaimed water system. 3. PROJECT DESCRIPTION: A. A PROJECT location map for the PROJECT and the Chautauqua/Coachman area is attached as Figure 1. B. The PROJECT includes: . Approximately 9,500 linear feet of 12" diameter reclaimed water transmission mains . Approximately 44,000 linear feet of 4" to 6" diameter reclaimed water distribution system lines C. There are approximately 700 single-family residential customers in the PROJECT'S distribution service area of which approximately 480 have in-ground irrigation systems. Approximately 300 customers within the service area are irrigating using potable lawn meters, and another 150 are irrigating with potable domestic meters (no lawn meters), for a total of 450 potable irrigation customers. In addition to residents using potable for irrigation, another 170 are irrigating with Page 1 of 7 shallow wells. The 170 shallow well users are not included in the offset calculations. Of the 700 residential customers, approximately 450 residential irrigation customers (250 Chautauqua and 200 Coachman) are initially anticipated to connect to the system and will use 0.27 million gallons per day (mgd) of reclaimed water to offset 0.14 mgd of potable quality water. At the PROJECT build-out the CITY anticipates serving more than 550 customers; however the offsets above only include the initial 450 customers. D. No commercial customers are included in the PROJECT. 4. DEMONSTRATION OF NEED: . This PROJECT will optimize water management in the CITY by reducing the water withdrawn from well fields and from irrigation wells, and reduce the disposal of effluent water to Tampa Bay and Clearwater Harbor. . This PROJECT will help meet Pinellas-Anclote River Priorities by reducing groundwater withdrawal, reducing pollutant loading to Tampa Bay and Clearwater Harbor, and to help recharge aquifers in accordance with the Needs and Sources report. . This PROJECT is supported by goals found in previous years Basin Board's plans, State Water Policy, the Florida Water Plan, Reports of the Tampa Bay Estuary Program, DISTRICT Needs and Sources Study, the Water Use Cautionary Management Plan, and area Comprehensive Planning Documents to maximize the reuse of highly treated wastewater. . This PROJECT is consistent with the update of the CITY'S Reclaimed Water Expansion Plan. . Funding for the PROJECT is included in the CITY'S Capital Improvement Plan. 5. MEASURABLE BENEFITS: This PROJECT will support the delivery of 0.27 mgd of reclaimed water to the PROJECT area. The expansion of reclaimed water service to these areas will offset an estimated 0.14 mgd of current potable water and potable quality groundwater used for non-potable uses, as well as enable future expansion of the CITY'S system. 6. DELlVERABLES: A. Bi-Monthly Design/Construction Status Reports B. Preliminary PROJECT design Page 2 of 7 C. 20-year customer commitment agreements D. Copy of CITY ordinance/code requiring dual distribution lines in new developments E. Copy of CITY ordinance/code which provides for the efficient use of reclaimed water F. Construction bid-packages G. Construction contract for DISTRICT approval H. Construction completeness letter from the CITY'S Public Utilities Director I. Reclaimed water GIS information J. Annual Reclaimed Water Summary Reports 7. PROJECT COST: The total eligible cost of this PROJECT is estimated to be $3,954,000, of which the DISTRICT'S share is expected to be 50 percent, or $1,977,000, from the Pinellas- Anclote River Basin Board. The Pinellas-Anclote River Basin Board funded $296,500 in FY2008, and the remaining $1,680,500 will be requested in future fiscal years. The cost amortized at 8 percent over 30 years is $6.81 per thousand gallons offset. The total PROJECT cost is estimated to be $3,954,000 categorized as follows: TASK DISTRICT WPSPTF CITY TOTAL Design and Permitting $296,500 $0 $296,500 $593,000 Transmission $621,800 $0 $621,800 $1,243,600 Distribution $1.058.700 ~ $1.058.700 $2.117.400 TOTAL $1,977,000 $0 $1,977,000 $3,954,000 The CITY will fund its share of PROJECT costs from the Water and Sewer Enterprise funds including revenues from the sale of reclaimed water. The funds for the PROJECT are included in the adopted Capital Improvement Plan. If future DISTRICT funding for the PROJECT includes funds from the Water Protection and Sustainability Program Trust Fund (WPSPTF), Florida Department of Environmental Protection (FDEP), catalog of State Financial Assistance number: CSFA 37.066, the CITY agrees to adhere to all applicable policies and rules. Page 3 of 7 8. COMPLETION SCHEDULE: DISTRICT Notice to Proceed (reimbursement contingent upon full execution)............ October 31, 2007 Initial Design Commence.................... ................................ October 31 , 2007 Full Design and Permitting Commence................................................. May 30,2008 Construction Commence............................................................. December 31 ,2008 Complete Construction.... ............. .................. ........... .................. December 31, 2010 Agreement Termination............................................................... December 31,2011 9. IMPLEMENTATION: The CITY'S Public Utilities staff will be responsible for implementing this PROJECT. The CITY will utilize an engineering consultant to design the systems and will construct the PROJECT using approved general contractors through normal public bid procurement. 10. KEY PERSONNEL: The CITY'S contact with DISTRICT staff and Project Manager will be: Primary Contact Jerry Wells, Reclaimed Water Manager City of Clearwater PostOffice Box 4748 Clearwater, Florida 34618-4748 (727) 562-4960 Secondary Contact Tracy Mercer Public Utilities Director City of Clearwater Post Office Box 4748 Clearwater, Florida 34618-4748 (727) 562-4960 11. ADDITIONAL REQUIREMENTS Policv to Quarantee customer participation and a minimum of a 50% connection rate within one year of completion of PROJECT. . The CITY will guarantee a 50% connection rate within one year of completion of the PROJECT. The policy for enforcing connection will be per a CITY ordinance/code #32.376, which states" no person shall use potable water for irrigation through a new Page 4 of 7 or existing lawn meter on property where reclaimed distribution facilities are available". Potable irrigation will not be allowed. In the. event a person does not comply, potable service will be disconnected after a series of letters and meetings with the customer. The CITY requires all large reclaimed water customers to sign a 20 year reclaimed water service agreement prior to construction of the transmission lines necessary to serve the customer's property. Education promoting the efficient use of reclaimed water. . The CITY provides education on reclaimed water and conservation on the CITY TV channel, and web site, with a link to DISTRICT'S web site. Education is also provided with brochures and educational materials provided at the CITY'S customer service department, libraries and Public Utilities department. We provide each reclaimed user with a reclaimed water policy manual that they must read and sign for before service is provided. Information is provided at the initial inspection, at homeowner meetings, in billing stuffers and through the CITY'S monthly utility insert message. Ordinance/code reauiring efficient use of reclaimed water. . The CITY will require the efficient utilization of reclaimed water. To conserve the reclaimed water resource, daytime restrictions on watering with reclaimed water are included in ordinance/code #32.383, which states "To conserve the resource, the CITY will institute daytime restrictions on irrigation whereby no irrigation is allowed by use of reclaimed water between 8:01 AM and 5:59 PM on each day of the week." The CITY will install individual meters on all connections and will monitor/report usage and discourage overuse through a variety of methods (including metering and water conserving rates for customers, planned service interruptions, time of day and day of week irrigation restrictions) to guarantee the PROJECT achieves at least a 50% offset efficiency. Ordinance/code reauiring dual distribution lines in new developments within reclaimed water service areas. . The CITY developed and submitted to the State of Florida modifications to its Comprehensive Plan which state "the CITY requires as a condition of development approval, the use of reclaimed water for landscape irrigation or the installation of dual distribution system (potable and reclaimed water) for future service, if reclaimed water lines are not yet available to the proposed development." Page 5 of 7 Figure 1 Map of Project (Existing reclaimed lines and appurtenances drawn in solid, and L810 PROJECT related lines and appurtenances drawn in hash-mark.) Page 6 of 7 . . o l_ Legend 51 iliL iE c::J I' ..... :.vIR Figure 1 DATE: NOVEMBER 2006 MCE PRJ. # 0992-0160 DRAWN DESIGNED CHECKED PROJ. MGR. 1365 HAMlET AVENUE Clearwater, FL 33756 Phone: (727) 442-7196 Fax: (727) 461-3827 ' M0002667 EB0006691 www.mcklmcreed.com CHAUTAUQUA and COACHMAN RIDGE SERVICE AREAS Page 7 of 7 AGREEMENT NO. 08CS0000026 EXHIBIT "C" PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SeCTIONIOEPT.; ReFf1ln~Fi~~ ApPROVED BY: ~ ~II1DL~'''''''''~ q ..~-o.:b EFFECTIVE DATE: NUMBER: 13-5 10/01/06 PAGE: 1 OF 11 SUPERSEDES: 08130/96 The travel procedures for the District shall follow generally accepted travel procedures for state agencies, to the extent practicable, and comply with the legislative intent of Chapter 112. Florida Statutes (F .S.). PUBLIC PURPOSE: The public purpose test for travel is that It must be necessary to conduct official District business. Justification must be detailed, sufficient to explain the benefit to the District and to the traveler's work responsibilities. AUTHORITY TO INCUR TRAVEL EXPENSES1: All travelers of the District must be authorized in advance to incur travel expenses for a public purpose through a properly executed Travel Authorization form, Board Consent Agenda, Board Policy 130-5, Signature Authority Procedure 11-8, or employee position description. AUTHORIZED TRAVELERS2: Any person who has received advance authorization in compliance with Board Policy 130-5 to incur travel necessary to perform official District business under one of the following categories: . Governing and Basin Board members . Executive Director, Deputy Executive Directors, General Counsel and Inspector General. . Employees in a Board authorized regular, part-time or temporary position declared to be in travel status by their Director or the Director's authorized representative. . Advisory committee members shall be authorized travelers of the District upon approval by the Executive Director or designee. When members are added to or removed from a committee, Accounts Payable must be notified. . Consultants and advisors shall be authorized as travelers of the District under the terms of a contract or agreement executed by the Executive Director or designee. . Employment candidates for regular, full time, pay grade 14 and above positions shall be authorized as travelers of the District under a Travel Authorization form prepared by the appropriate department in coordination with Human Resources. The candidate will be asked to sign the Travel Authorization form upon arrival for the interview, indicating agreement with the District travel procedure. OFFICIAL HEADQUARTERS: This is the office, field office or location where the traveler is normally assigned and from which that person performs the majority of their duties. Each employee's official headquarters shall be that which is designated in their Human Resources official record, except: . The official headquarters of an employee located in the field shall be the specific site (identified by address or nearest intersection) where the majority of their work is performed, or as designated by the District 1 Travel Expense - The usual ordinary and incidental expenditures necessarily incurred by a traveler. (9112.061(2)(g), F.S.) 2 Authorized Traveler - A public officer, public employee. or authorized person when performing authorized travel. (9112.061(2)(f), F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SecTloNlDEPT.: Rep~ng/Fi9ance NUMBER: ~ot.~ ~"''-I~c.. ApPROVED BY: DAVlDL MOORE, exECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 2 OF 11 SUPERSEDES: 08/30/96 . When an employee is stationed in a city, town, or locality for a period of over 30 continuous workdays, such location shall then be deemed to be their official headquarters. Upon such reassignment, the employee shall no longer be eligible for mileage. per diem or subsistence (meal allowance) reimbursement unless the 3D-day period of time is extended by the express approval of the Executive Director or designee. The official headquarters of a Governing or Basin Board member is their home address. Board members will be reimbursed for actual round trip mileage from their home address to their destination when traveling on District business. To establish mileage, Board members may provide odometer readings or a map program print screen. If a Board member changes their home address during their term in office, the Board and Executive Services Department shall notify Accounts Payable of the new address and the effective date. TRAVEL AUTHORIZATION (TA): A TA form must be fully executed, with all approvals required by the Signature Authority Procedure 11-8, prior to scheduling or incurring any expenses related to the travel period3. All District travelers must use this form to define the public purpose and obtain approval for the following: · Attendance at any convention4, conference5, seminar or workshop · Employee candidate travel expenses . Travel advance requests The statement of publiC purpose for attendance at a convention, conference, seminar or workshop must explain how the objectives of the event are related to or provide benefit to the mission of the District and/or the duties and responsibilities of the traveler. The T A form must be completely filled out according to the form instructions. The form must be typed or completed in ink. A copy of the fully executed TA must be kept on file in the traveler's department for both the current fiscal year and the prior fiscal year. The original T A form must be submitted with the Travel Voucher. 3 Travel Period - A period of time between the time of departure and time of return. (~112.061(2)(j), F.S.) 4 Convention - An assembly 018 group of persons representing persons and groups, coming together for the accomplishment of a purpose of interest to a larger group or groups. A convention does not mean the coming together of agency or interagency personnel. (Rule 691-42.002(4), Florida Administrative Code (F.A.C.)) 5 Conference - The coming together of persons with a common interest for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops, which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. (Rule 691- 42.002(3), FAC.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTioN/DEPT.: R~'ng/~i LC NUMBER: , . f -Co!...()' ApPROVED BY: vioL. MOORE. ExECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 30F 11 SUPERSEDES: 08/30/96 When in the best interest of the District, an employee who has been approved to leave from home must identify their home address as the point of origin6 for the specific travel period covered on their TA. It is in the best interest of the District when the distance from the employee's home to the point of destination is less than the distance from their official headquarters to the point of destination. SIGNATURES REQUIRED FOR TRAVEL AUTHORIZATION: The traveler must sign the TA form in ink and secure the appropriate approval authority signatures as indicated. No one may exercise signature authority for himself or herself; rather, approval of a higher level of authority must be obtained in accordance with Signature Authority Procedure 11-8. JUSTIFICATION MEMO: A justification memo is required when more than three staff from the same department plan to attend the same convention, conference, seminar or workshop in accordance with Signature Authority Procedure 11-8. TRAVEL ADVANCES: A traveler may request a Travel Advance for Class A travel when the traveler anticipates substantial travel expenses. Advances will not be authorized for Class B or C travel. The maximum travel advance shall not exceed 80 percent of the estimated cash expenses, such as mileage, per diem, subsistence (meal allowance), parking and tolls. In calculating an advance, the traveler may not include expenses, which will be paid directly by District procurement card or District check. A Travel Advance will not be issued for less than $100. To request a Travel Advance, a traveler must submit a fully executed TA to Accounts Payable at least five days prior to departure. The Advance must be reconciled by submitting a Travel Voucher to Accounts Payable within ten workdays of the traveler's return to work. CONTINUOUS TRAVEL STATUS: Continuous travelers are employees who routinely travel overnight. Those employees authorized for continuous travel status may request a Travel Advance in an amount not to exceed 80 percent of expected travel expenses for a two-week travel period. Employees in continuous travel status must submit a Travel Voucher at the end of the travel period to document their actual expenses and reconcile the Travel Advance. When an employee is no longer in continuous travel status, any Travel Advance amount in excess of actual expenses must be refunded to the District within ten workdays. All continuous Travel Advances must be reconciled before the end of each fiscal year. TRAVEL VOUCHER (TV): The TV form is used to document and request reimbursement for all authorized travel related expenses. The TV must be completely filled out according to the form instructions and must be typed or completed in ink. When a TV covers a travel period for which a TA was issued, the original TA form along with all necessary backup documentation, such as the registration form, agenda, travel itinerary and route maps, must be submitted to Accounts Payable within ten workdays of the traveler's return 6 Point of Origin - the geographic location ofthe traveler's official headquarters or the geographic location where travel begin, whichever is lesser distance from the destination. (Rule 691-42.002(15), F .A.C.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTloNlDEPT.: R~n9/Fra~e.. . NUMBER: 13-5 . ~~.~ ~-4~~ ApPROVED BY: DAVlDL. MOORE. ExEOUTIVE DIFlEOTOR EFFECTIVE DATE: 10/01/06 PAGE: 4 OF 11 SUPERSEDES: 08/30/96 to work. TVs that do not include a travel period covered by a TA must be submitted to Accounts Payable at least monthly. If a traveler has been issued a Travel Advance that exceeded their actual expenses, they must submit reimbursement to the District within ten workdays of their return to work and attach a copy of the cash receipt to their TV. The actual amount of the reimbursement will be determined by an audit of their TV by Accounts Payable. Governing and Basin Board members may elect to submit their TVs quarterly. SIGNATURES REQUIRED FOR TRAVEL VOUCHER: The traveler must sign the form in ink and secure the appropriate approval authority signatures as indicated. No one may exercise signature authority for himself or herself; rather, approval of a higher level of authority must be obtained in accordance with Signature Authority Procedure 11-8. CLASSES OF TRAVEL: Three classes oftravel exist as follows: Class A Continuous travel of 24 hours or more, away from official headquarters and away from home OVernight. This is based on four equal quarters of six hours each, which shall be a travel day7 (midnight to midnight). Class B Continuous travel of less than 24 hours, away from .official headquarters ancl away from home overnight. This is based on six-hour quarters, which begin at the hour of departure. Class C Short or daytime trips during which the traveler is not away from official headquarters overnight (travel may occur during evening hours due to special assignment). PER DIEM (Class A or B Travel Only): All travelers shall be allowed reimbursement for per diem or subsistence (meal allowance) when traveling to a convention or conference or when traveling within or outside the state in order to conduct official District business, when such convention, conference, seminar, or business serves a direct and lawful public purpose with relation to the District. Either of the following methods of calculating per diem may be selected for the travel period at the option of the traveler: . A flat rate of $80 per day ($20 per quarter day) requiring no receipts for rooms or meals. OR . Reimbursement for actual lodging cost, at the single occupancy rate to be substantiated by a detailed receipt, and the authorized subsistence (meal allowance). When lodging or meals are provided at a publicly operated facility, the traveler shall be reimbursed only for the actual expense of lodging or meals not to exceed the maximum allowances. No one shall be reimbursed for any meal or lodging included in a convention or conference registration fee. 7 Travel Day..,. A period of 24 hours consisting of four quarters of six hours each. (~112.061(2)(i), F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTiON/DEPT.: ReP91firg/Fin'11ce NUMBER: ~ 0<.. ?'J1___.. q -C(- -Of. ApPROVED BY: DAV1DL~(.~UTlVEDIRECTOR EFFECTIVE DATE: 13-5 10101/06 PAGE: 5 OF 11 SUPERSEDES: 08/30/96 In the case offoreign travel, the traveler may choose the State per diem rate as stated above or the foreign travel per diem rate as authorized by Section 112.061(3)(f), F.S. SUBSISTENCE (MEAL ALLOWANCE) RATES (Class A, B or C Travel): Breakfast Lunch Dinner 6a.m. 12 .m. 6 .m. 8a.m. 2 .m. 8 .m. $ 6 $11 $19 Subsistence (meal allowance) will be paid to travelers in Class A and Class B status and also to travelers in Class C travel status when participating in scheduled meetings, seminars, workshops, special assignments or other official business which occurs outside the normal work assignment of a traveler. No allowance shall be made for subsistence (meal allowance) when travel is confined to the city or town of a traveler's official headquarters or the immediate vicinity, except when travel expenses are authorized by a T A form. Staff whose normal work assignment is "in the field" may not receive subsistence (meal allowance) for lunch until they have worked 40 hours in a workweek. District authorized holidays are the only leave that may be added to determine the hours worked. In compliance with Internal Revenue Service, Publication 15, Circular E, Employer's Tax Guide, all Class C subsistence (meal allowance) reimbursements are subject to consideration as income for tax purposes. When a conference or convention registration fee includes meals, the traveler will not be reimbursed for the meals being provided (continental breakfast is considered a breakfast and is not reimbursable when provided). Reimbursement for meal expense will be at the appropriate subsistence (meal allowance) rate regardless of the actual cost of the meal. The traveler must absorb any cost above the subsistence (meal allowance) amount. Tips will not be reimbursed. LODGING/ACCOMMODA TIONS: Lodging expenses are authorized for District travelers in Class A or B travel status. Lodging for District employees and Board members is to be reserved and paid with a District procurement card and must be substantiated by an original detailed receipt which must be filed with the traveler's procurement card reconciliation documents. If circumstances necessitate that the traveler use a personal credit card, the original detailed receipt along with an explanation of the circumstances must be filed with their TV. When two or more District employees elect to share a room while traveling under Class A or B travel status, they must all elect the same method of per diem reimbursement. A traveler may not receive reimbursement for lodging within the local area (within 50 miles one-way of their official headquarters or home) unless authorized by the Deputy Executive Director of Management Services. PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTION/DE. PT.: Reporti~a ./},/ NUMBER: .. . pr. _ 'l-<<i -ot. ApPROVED BY: DAVI , CORE. ExEClITIIIE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 60F 11 SUPERSEDES: 08/30/96 When the scheduled conclusion of an event prevents a traveler from retuming home by a reasonable hour, the Department Director must determine whether an additional overnight accommodation is warranted. If approved, the traveler's departure shall be scheduled for the following morning. If the traveler chooses to delay departure without approval, the use of personal leave will be required and per diem and lodging expenses may be waived. I n order to achieve a cost savings to the District, the District may contract directly with a hotel. TRANSPORTATION: All travel must be by a usually traveled route utilizing the most efficient and economical means. It is the responsibility of the traveler's department to determine the most efficient and economical means prior to scheduling any travel arrangements. It is recommended that a District vehicle be used for all statewide business travel, unless the use of a personal vehicle or common carrie,.a would be more efficient or cost effective. All common carrier business travel for District employees must be booked through the District's travel arrangements provider and paid with a District procurement card. Special provisions when business and personal travel are combined: Personal travel expenses must never be charged to a District procurement card. Prior to scheduling combined business and personal travel, staff should contact Accounts Payable to identify documentation required to accurately record business and personal expenses. PERSONAL VEHICLE EXPENSES: The use of a personal vehicle must be authorized by the Director of the department incurring the expense. When a. traveler is authorized to use a personal vehicle in lieu of a District vehicle or common carrier, the following conditions shall apply: · A traveler shall be entitled to. a mileage reimbursement at the rate approved by the State Legislature (currently 44.5 cents per mile). · All mileage shall be shown from the point of origin to the point of destination, along a usually traveled route. · Mileage shall be calculated by one of the following methods: o Odometer readings o Online map program o District established mileage (Frequently Traveled Routes) (Service Office Mileage) . When a person travels by an indirect route for their own convenience, any additional costs shall be borne by the traveler. Reimbursement shall be based only on such costs as would have been incurred by a usually traveled route. · Each stop during a travel period must be reported on a separate line on the TV form and must include all information required on the form. · A traveler shall not be paid a mileage reimbursement for travel between their home and their official headquarters or assigned work location. 8 Common Carrier - Commercial airline operating scheduled flights or rental vehicles of an established rental car firm. (~112.061(2)(h), F.S.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL . Accounting & Financial SECTIONIDEPT.: Reportinmance (],.. NUMBER: ~ '/~ 'i~"'-(H ApPROVED BY: DAVIDL~OORE' EXECUTIVE DIRECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 7 OF 11 SUPERSEDES: 08/30/96 · If traveling on a non-business dal to a location other than their official headquarters or assigned work location, the point of origin may be the traveler's home, In no case shall mileage claimed exceed the miles actually driven. · On a regularly scheduled business day when a traveler leaves from or returns to their home, the traveler shall only be entitled to reimbursement for the lesser of the mileage between a business site and their home or their official headquarters or assigned work location. In no case shall mileage claimed exceed the miles actually driven. · No traveler shall be entitled to mileage or transportation expense when gratuitously transported by another person or by another traveler who is entitled to reimbursement. · Mileage for two round trips to an airport or the cost of contracted transportation may be approved if it is determined to be more efficient or economical than one round trip plus airport parking fees. · A traveler shall be reimbursed the lesser of the common carrier fare or the actual mileage reimbursement amount, whichever is determined to be more economical to the District. Prior to the traveler's departure, the scheduling department shall obtain an estimate of airfare and rental vehicle costs from the District's travel arrangements provider and submit the estimate with both the T A and the TV. · Reimbursement for expenditures related to the operation, maintenance and ownership of a vehicle shall not be allowed. VEHICLE RENTAL: Rental vehicles shall be reserved through the District's travel arrangements provider, with any changes or cancellations coordinated prior to the traveler's departure. District employees on official business must make payment with their District procurement card. Personal use of a rental vehicle may not be reserved or charged to a District procurement card. Before signing a rental vehicle agreement, travelers are to ensure: · The proper rental rate has been applied. · Additional insurance coverage will not be charged to the District. . . The refueling service option has not been selected. · Sales tax will not be charged in the State of Florida. · The most economical vehicle to appropriately accommodate the travel has been selected. Travelers shall use a Class 3C, Intermediate vehicle. The use of any vehicle larger than Class 3C Intermediate must be adequately justified (e.g., more than four travelers, transporting equipment or supplies) and approved by the traveler's Director. Intermediate Full-Size, Four-Door Minivan Business use of a rental vehicle under the State contract or District agreement includes collision coverage. The District will not pay for additional insurance coverage. The rental vehicle must be 9 Non-business day - For a public officer or employee, a weekend or an authorized District holiday. (Rule 691-42.002(10), FAC.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONIDEPT.: Reporting/F~' ce ~ NUMBER: . t:j-'f <X. ApPROVED BY: DAVloL CORe. ECUTI\IE DlRBrrOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 8 OF 11 SUPERSEDES: 08/30/96 refueled prior to being returned. Original fuel receipts must be filed with the traveler's procurement card reconciliation documents or submitted with a TV, as appropriate. The traveler must retain both the rental agreement and the final detailed rental receipt to be filed with their procurement card reconciliation documents. A copy of the rental agreement must be submitted with the TV. Rental vehicle charges shall be coded to Object Code 4008. Special provisions for combined business and personal use of a rental vehicle: When combining business and personal travel, a traveler must reserve and make payment with a personal credit card. A copy of the rental agreement and original detailed receipt must be submitted with their TV. The traveler shall only be reimbursed for the business portion of the travel period based on the lesser of, the estimated cost provided by the District's travel arrangements provider or the amount calculated (by Accounts Payable) from their actual receipt. Prior to the traveler's departure, the scheduling department shall obtain an estimate of rental vehicle cost for the business portion of the travel period from the District's travel arrangements provider. The estimate must be submitted with the TV. Under provisions of Rule 60B-1.012, F.A.C. all seated occupants of rented vehicles are required to utilize the seat belts or occupant restraint systems provided. Failure to comply with this Rule shall subject employees to disciplinary action. Any costs incurred for personal negligence (Le., traffic or parking citations, keys locked in vehicle, etc.) will be the sole responsibility of the traveler. Additionally, all travelers shall be responsible for providing proof of vehicle insurance to the District, if requested. AIR TRAVEL: All commercial flights must be economy class unless otherwise approved by the Executive Director or designee. The District's travel arrangements provider must be used for requesting comparable estimates and booking all flights for District employees. The scheduling department shall be responsible for determining the most efficient and economical method of travel prior to making reservations. Both pages of a fully authorized T A form must be faxed to the travel arrangements provider to purchase an airline ticket. Payment for employee business related travel must be charged. to a District procurement card designated by the employee's Director. All airline tickets and airfare transaction fees must be charged to Object Code 4007. Cancellations must tie made no later than one hour prior to a f1ighfs scheduled departure time to retain the value of a ticket for future use (within one year) by the named traveler. If the District incurs costs for the purchase of an airline ticket and the traveler subsequently chooses not to use the ticket, the ticket must be canceled in a timely manner or the traveler must reimburse the District for all unrecoverable costs. Any costs incurred for tickets, which are canceled at the traveler's discretion, but not rebooked within the allowable timeframe, must also be reimbursed to the District An increase in airfare of $100 or more over the estimated costs on the TA must be justified by the traveler and approved by the traveler's Director. All unjustified cost, whether due to a traveler's negligence or personal discretion, must be reimbursed to the District. PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTION/DEPT.: Reporting/~nced Jlu NUMBER: 13-5 · I'l'~ q ...~..ow ApPROVED BY: AVID L. Mo 0...' ExECl1T1VE 0lRe:r0R EFFECTIVE DATE: 1 % 1/06 PAGE: 90F11 SUPERSEDES: 08/30/96 Special provisions for combined business and personal air travel: Although personal travel may be combined with business travel and booked together through the District's travel arrangements provider, personal expenses must never be charged to a District procurement card. Additionally, if a traveler purchases an airline ticket tt1rough a source other than the District's travel arrangements provider, such ticket must not be charged to a District procurement card. In either instance, the traveler must make payment with a personal credit card and must submit a copy of the itinerary and proof of payment with their TV. The traveler shall only be reimbursed for the business portion of the travel period based on the lesser of the estimated cost provided by the District's travel arrangements provider or the amount calculated (by Accounts Payable) from their actual receipt The scheduling department shall obtain an airfare estimate from the District's travel arrangements provider prior to the traveler's departure and submit the estimate with both their T A and TV. CHARTER FLIGHT SERVICE: This service is to provide specific transportation in order to conduct District business (overflights are excluded from this procedure). Flight requests for Governing or Basin Board members, Executive Director, Deputy Executive Directors, General Counselor Inspector General will be arranged through the Executive Department, after receiving approval as stated in this procedur~. The use of charter flights by staff members should be an exception and must be authorized by the Executive Director. Purchasing will process the flight request in accordance with Board Policy 150-1 and District Procedure 15-1, Procurement, governing procurement practices, which includes contracting for services with an appropriate charter flight service. Emergency arrangements may be made directly with Purchasing, who will then notify the Executive Department to obtain the required approvals. INCIDENTAL TRAVEL EXPENSES: The following information shall be required with a TV when claiming reimbursement for incidental travel expenses: . Receipts or canceled checks for registration fees paid by the traveler. . Receipts for taxi fares in excess of $25 on a per-fare basis. . Receipts for storage, parking fees or tolls in excess of $25 on a per transaction basis. Storage or parking fees are not allowed on a weekly or monthly basis unless it can be established that such method results in a savings to the District. . A statement that communication expenses were business related. This includes fax and internet connection charges. NOTE: Telephone calls made to the traveler's family are not a reimbursable communication expense. . Receipts for dry-cleaning, laundry and pressing expenses when official travel extends beyond seven days and such expenses are necessarily incurred to complete the official business portion of the trip. . Receipts for passport and visa fees required for official travel. . Receipts for necessary fees charged to purchase traveler's checks for official travel expenses. . Receipts for fees charged to exchange currency necessary to pay for official travel expenses. . Photocopy charges that are business related in excess of $25 on a per event basis. PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TITLE: TRAVEL Accounting & Financial SECTIONlDEPT.: Reporting/Fi~ J t'1.1 NUMBER: '1<._ . {n.-- ti-'1-O' ApPROVED BY: AVlOL MooR" ExecUTNEOIIlECTOR EFFECTIVE DATE: 13-5 10/01/06 PAGE: 100F 11 SUPERSEDES: 08/30/96 Lost or missing receipts will require a signed statement from the traveler with Department Director's approval in order to receive reimbursement Other travel expenses may be reimbursed if deemed to be in the best interest of the District and upon the Finance Director's approval. The following do not require a receipt: . Tips paid to taxi drivers that do not exceed fifteen percent of the taxi fare. . Tips paid for mandatory valet parking not to exceed $1 per incident. . Portage paid shall not exceed $1 per bag not to exceed $5 per incident. Portage charges exceeding $5 per incident will require justification. Other travel expenses not detailed in this procedure shall be handled by exception with the Finance Director's approval. EMERGENCY SITUA TIONS10: When a publiC officer, employee or authorized person away from their official headquarters on personal time11 is required to travel because of a District emergency situation, the following shall apply: . The traveler may be reimbursed for travel expenses incurred in traveling from their point of origin to their point of destination~ which may be their official headquarters. . If personal circumstances necessitate the traveler to return to their point of origin after the emergency situation has ended, rather than returning to or staying at their official headquarters, the traveler may be reimbursed their travel expenses to return. . The traveler's request for reimbursement of travel expenses claimed from a point of origin rather than their official headquarters shall contain an explanation of the emergency situation that necessitated their travel from such point. . If an authorized traveler has incurred certain unrecoverable costs associated with personal plans and is unable to carry out such plans due to an emergency situation, such costs that are not recoverable may be reimbursed by the District. Request for reimbursement must provide the circumstances of the emergency situation. EMERGENCY OPERATIONS: The Governor has authority to issue an Executive Order in response to a major disaster or emergency that may result in the suspension of all or a portion of Section 112.061, F.S. to an extent necessary to meet the emergency. In the event of such as suspension, the District's Exec.utive Director or designee is provided the discretion to allow the purchase of food and beverages for personnel operating the Districfs Emergency Operation Center (EOC)on a 24-hour basis during an emergency. 10 Emergency Situation - Circumstances in which there is an immediate danger or a threat of immediate danger to the public health, safety or welfare or of other substantial loss, requiring emergency action. (Rule 691-42.002(6), FAC.) 11 Personal Time - The time outside the regular work hours of a business day, a non-business day or day for which the officer or employee had prior approval for a leave of absence. (Rule 691-42.002(13), F.A.C.) PROCEDURE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT TiTLE: TRAVEL Accounting & Financial SECTloNlDEPT.: Reporting/F~n,aJ'Ye _ J ~ NUMBER: ApPROVED BY: ~ ExECUTlVEOIAECTOR j;J::;fD~TE: 13-5 10/01/06 PAGE: 11 OF 11 SUPERSEDES: 08/30/96 When Section 112.061, F.S., has been suspended, in whole or in part, and the Executive Director or designee has activated the District's Emergency Operations Center, EOC authorized travelers must adhere to the following guidelines: · All EOC travelers will receive the Finance department's Emergency Operations Travel Instructions. These instructions include forms that have been modified to more accurately document the information required for Federal, State and County reimbursement submittals. The forms should be completed as travel occurs and must be submitted to Accounts Payable at the end of each biweekly payroll period. · Per diem and subsistence (meal allowance) rates shall remain the same, but the schedule for Class C subsistence (meal allowance) reimbursement has been modified to three 8-hour periods, as detailed on the Emergency Order/EOC Activation Class C Travel Clock. · EOC authorized travelers who work at least an 8-hour shift per day shall be entitled to a full daily subsistence (meal allowance) reimbursement, less subsistence (meal allowance} for food that has been provided. · The EOC Provisions Unit Leader shall determine when and where food will be made available to authorized travelers in lieu of subsistence (meal allowance). · The cost for food service should not exceed the subsistence (meal allowance) amounts and the food service should be carefully controlled. · When authorized by the EOC Coordinator, a procurement card may be used to purchase food. In such cases, a receipt must be submitted with a list of the names of all travelers to whom food was provided. Food costs which exceed the established subsistence rates shall require a detailed explanation. Emergency expenses that are not related to travel should not appear on the TV. Paid invoices or receipts for such cash expenses must be submitted for reimbursement through petty cash or, if over $50, by submitting a check request to Accounts Payable. The Executive Director may modify or interpret this Procedure. AGREEMENT NO. 08CS0000026 EXHmIT "D" SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the DISTRICT to the CITY, a subrecipient under this Agreement, may be subject to audits and monitoring as described in this Exhibit. MONITORING In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes (F.S.), as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DISTRICT staff, and other procedures. By entering into this Agreement, the CITY agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the DISTRICT. The CITY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department of Environmental Protection (DEPARTMENT), Chief Financial Officer (CFO), or Auditor General of the State of Florida. AUDITS PART I: STATE FUNDED This part is applicable if the CITY is a nonstate entity as defined by Section 215.97(2)(1), F.S. 1. In the event that the CITY expends a total amount of state fmancial assistance equal to or in excess of $500,000 in any fiscal year of such CITY, the CITY must have a state single or project-specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and the CFO; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General. Attachment 1 to this Exhibit indicates the amount of state financial assistance awarded through the DISTRICT by this Agreement. In determining the state financial assistance expended in its fiscal year, the CITY shall consider all sources of state financial assistance, including state financial assistance received from the DISTRICT, DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass- through awards and resources received by a nonstate entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part I, Paragraph 1, the CITY shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the CITY expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, F.S., is not required. In the event that the CITY expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from the non-state entity's resources (i.e., the cost of such an audit must be paid from the CITY'S resources obtained from other than state entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), the CITY should access the Florida Single Audit Act (FSAA) website located at www.fsaa.state.fl.us. PART II: REPORT SUBMISSION 1. Copies of financial reporting packages required by P ART I of this Exhibit shall be submitted by or on behalf of the CITY directlv to each of the following: A. The DISTRICT at the following address: Accounting and Financial Reporting Manager Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 Page 1 of5 B. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 C. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building III West Madison Street Tallahassee, Florida 32399-1450 2. Any reports, management letters, or other information required to be submitted pursuant to this Exhibit shall be submitted timely in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 3. The CITY, when submitting financial reporting packages for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the CITY in correspondence accompanying the reporting package. PART III: RECORD RETENTION The CITY shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the DISTRICT, or its designee, DEPARTMENT, CFO, or Auditor General access to such records upon request. The CITY shall ensure that audit working papers are made available to the DISTRICT, or its designee, DEPARTMENT, CFO, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the DISTRICT. PART IV: RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION The CITY, as a subrecipient of state financial assistance, must use the Florida Single Audit Act Checklist For Non- State Organizations - Recipient/Subrecipient Vs. Vendor Determination (Attachment 2), to evaluate the applicability of the FSAA to non-state organizations to which the CITY provides State resources to assist in carrying out activities related to this Agreement. REMAINDER OF P AGE INTENTIONALLY LEFT BLANK Page 2 of5 Attachment 1 FUNDS AWARDED TO THE CITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: State Resources Awarded to the CITY Pursuant to this Al!reement Consist ofthe Followinl! Resources Subiect to Section 215.97. F.S.: Catalog of State Financial CSF A Title State Appropriation State State Assistance or Category Program Funding Source Fiscal Year Number Funding Source Description Funding Amount Number 37350000 Water Protection and 2007-2008 37.066 Water Protection and Sustainability 149931 Sustainability Program Program Trust Fund I DISTRICT Resources Awarded to the CITY Pursuant to this Agreement: $1,977 ,500 Total Award I $1,977,500 - - For each program identified above, the CITY shall comply with the program requirements described in the Florida Catalog of State Financial Assistance (CSFA) fhttD:/lsun6.dms.state.fl.us!fsaalcatalol!.htm]. The purposes for which the funds are to be used are included in the Agreement scope ofworl<:. Any match required by the CITY is clearly indicated in the Agreement. Page 3 of5 Attachment 2 FLORIDA SINGLE AUDIT ACT CHECKLIST FOR NON-STATE ORGANIZATIONS - RECIPIENT/SUBRECIPIENT VS. VENDOR DETERMINATION This checklist and the standard contract audit language may be obtained electronically from the Executive Office of the Governor's website (http://www.myflorida.comlmyfloridal government! governorinitiatives/fsaalindex.html). If a Florida Single Audit Act State Project Determination Checklist has not been previously completed, please complete it now. (Applies only to State agencies) This checklist must be used by State agencies to evaluate the applicability of the Florida Single Audit Act (FSAA) to non- state organizations 1 after a state program has been determined (using the Florida Single Audit Act State Project Determination Checklist) to provide state financial assistance (Le. is a State Project as defined in 215.97 (2)(r), F.S.). This checklist assists in determining if the non-state organization is a vendor, recipienUsubrecipient, or an exempt organization. 1 A non-state organization is defined as a nonprofit organization, for-profit organization (including sole proprietors), or Florida local government (excluding district school boards, charter schools and community colleges), which receives State resources. Recipients and subrecipients of state financial assistance must also use this checklist to evaluate the applicability of the FSAA to non-state organizations to which they provide State resources to assist in carrying out a State Project. Name of Non-state Organization: Type of Non-state Organization: (Le. nonprofit, for-profit, local government; if the non-state organization is a local government, please indicate the type of local government - municipality, county commission, constitutional officer, water management district, etc.) Awarding Agency: Title of State Project: Catalog of State Financial Assistance (CSFA) Number: ContracUGranUAgreement Number: PART A ill NO 1. Is the non-state organization a district school board, charter school, community college, governmenUpublic university outside of Florida or a Federal agency? 2. Is the relationship with the non-state organization only to procure commodities (as defined in 287.012(5) F.S.)? 3. Does the relationship with the non-state organization consist of only Federal resources, State matching resources for Federal Programs or local matching resources for Federal Programs? 4. Does the relationship with the non-state organization consist of only State maintenance of effort (MOE)2 resources that meet all of the following criteria? A. Do Federal Regulations specify the requirements for the use of the State MOE resources and are there no additional State requirements? B. Do contracts contain sufficient language to identify the State MOE resources and the associated Federal Program? C. Do A-133 audit requirements apply to the State MOE resources and do contracts stipulate that the State MOE resources should be tested in an A-133 audit in accordance with Federal Program requirements? 2 MOE refers to the Federal maintenance of efforUlevel of effort requirements as defined by OMB Circular A-133 Compliance Requirement G (Matching, Level of Effort, Earmarking). If any of 1-4 above is yes, the recipienUvendor relationship determination does not need to be completed because the FSAA is not applicable to the non-state organization. Revised January 01, 2002 Form Number: FSAA_CL2 Page 4 of5 PART B Recipient/V endor Relationship Determination: The following should be analyzed for each relationship with a non-state organization where it has been determined that the state program provides state financial assistance (i.e. is a State Project) and the non-state organization is not exempt based on the questions above. This relationship may be evidenced by, but not limited to, a contract, agreement, or application. YES NO 1. Does State law or legislative proviso create the non-state organization to carry out this State Project? 2. Is the non-state organization required to provide matching resources not related to a Federal Program? 3. Is the non-state organization required to meet or comply with specified State Project requirements in order to receive State resources? (State Project requirements include laws, rules, or guidelines specific to the State Project such as eligibility guidelines, specified types of jobs to be created, donation of specified assets, etc. Specified State Project requirements do not include procurement standards, general guidelines, or general laws/rules.) 4. Is the non-state organization required to make State Project decisions, which the State agency would otherwise make? (e.g. determine eligibility, provide case management, etc.) 5. Is the non-state organization's performance measured against whether State Project objectives are met? (e.g. number of jobs to be created, number of patients to be seen, number of disadvantaged citizens to be transported, etc. Performance measures mayor may not be related to State performance-based budgeting.) If any of the above is yes, there is a recipient/subrecipient relationship and the non-state organization is subject to the FSAA. Otherwise the non-state organization is a vendor and is not subject to the FSAA. PART C Based on your analysis of the responses above and discussions with appropriate agency personnel, state your conclusion regarding the non-state organization: (Check one) RecipientlSubrecipient: Vendor: Exempt Organization: Comments: Print Name: Telephone Number: Title: Signature: Date: Note it is the program personnel's responsibility to notify Finance and Accounting of which non-state organizations have been determined to be recipients and are receiving state financial assistance (Le. disbursements must be coded as 7500 object code in FLAIR). Note it is possible to have a contractual agreement with a non-state organization under Chapter 287, Florida Statutes, and still consider the non-state organization a recipient under the Florida Single Audit Act. If a recipient/subrecipient relationship exists the standard contract audit language, including Exhibit 1, must be included in the document that established the State's, recipient's, or subrecipient's relationship with the non-state organization. Questions regarding the evaluation of a non-state organization or if it has been determined that the non-state organization is a recipient and a CSF A number has not been assigned, contact your FSAA State agency'liaison or the Executive Office of the Governor, Office of Policy and Budget, Budget Management Policy Unit at (850) 487-3832 or Suncom 277-3832. Reference may be made to Rule 27D-I, F AC. Revised January 01, 2002 Form Number: FSAA_CL2 Page 5 of5 AGREEMENT NO. 08CS0000026 EXHIBIT "E" MINORITYIWOMENOWNED AND SMALL BUSINESS UTILIZATION REPORT Projects receiving $100,000 or more in cooperative funding from the Southwest Florida Water Management District require the submission of the following information within 30 days of any amendment increasing project funding and with the final invoice. Questions regarding use of this form should be directed to Contracts Administration, Phone (352) 796-7211 ext. 4132. INDICATE THE ONE CATEGORY THAT BEST DESCRIBES EACH ORGANIZATION L1STED* Cooperator: BUSINESS CERTIFIED MBE NON-CERTIFIED MBE UNKNOWN CLASSIFICATION Z en en )> :I: )> Z )> )> :I: )> ~ )> Agreement No.: 0 g~ "T1 Iii en ~ ~ "T1 Iii en ~ Z ;0 )> m ;0 )> -i m 3:: 0'- S? ~ Z <: ;0 S? ~ Z <: ;0 ::l'- Z :i: m S? Z :i: m S? Z "'tll Z 0 )> )> Z 0 )> )> 0 "'c )> ~ ~ Z )> ~ ~ Z !"en )> )> ;0 ....- ~ 3: m ~ 3: 3: m ~ Project Name: ~ oZ m ;0 m ;0 wm ;0 m ;; 0 ;0 m ;; S? ::;:en S? ;0 Z )> 3: S? ;0 Z ~ -en S? )> S? )> "T1 )> Z Z )> Z Z in Z z 3: z z 3: m m ;0 ;0 T olal Project Cost: S? S? z z NAMES OF CONTRACTORS AND TOTAL AMOUNT PAID SUBCONTRACTORS UTILIZED * 0 Our organization does not collect minority status data. Signature Date Print Name and Title 16.00-026 (01/07) PaQe 1 of 1