UPDATE OF RECLAIMED WATER MASTER PLAN
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AGREEMENT NO. 98CON000124
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR THE
UPDATE OF THE CITY OF CLEARWATER'S RECLAIMED WATER MASTERPLAN (P786-1)
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 34609-6899, for itself and on behalf of
the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the
CITY OF CLEAR WATER, FLORIDA, a municipal corporation of the State of Florida, whose address is
Post Office Box 4748, Clearwater, Florida 33758-4748, 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 updating the CITY's Reclaimed Water Master Plan which was
originally completed in 1990, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the CITY in funding
the PROJECT.
NOW, THEREFORE, the DISTRICT and the CITY, in consideration ofthe 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 shall assist with PROJECT coordination and
shall be the party's prime contact person. Notices or reports shall be sent to the attention of the
parties' Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth in the
introductory paragraph of this Agreement.
Project Manager for the DISTRICT:
Project Manager for the CITY:
Tabitha 1. Ostow
Thomas H. Miller
2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the CITY shall
perform the services necessary to complete the PROJECT in accordance with the following Scope
of Work. Any changes to the Scope of Work and associated costs shall be mutually agreed to in a
formal written Amendment prior to being performed by the CITY
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The CITY shall engage the services of a consultant(s), hereinafter referred to as the
"CONSULTANT," to perform the tasks set forth in this Scope of Work. The CITY shall obtain the
DISTRICT's approval of all contracts between the CITY and the CONSULTANT. The CITY shall
be solely responsible for managing the PROJECT, including the hiring and supervising of any
consultants it engages under this Agreement.
Key tasks to be performed by the CITY:
2.1 Identification of potential large reclaimed water customers by reviewing potable water
consumption records, reviewing land uses, and discussion with CITY staff.
2.2 Development of a priority ranking system based on factors including potential reclaimed
water usage quantity, proximity to existing facilities, land use, potential potable water
offsets, cost of extending facilities and indication of return on investment, and probability
of resource usage.
2.3 Review and refinement of projected irrigation application rates for identified priority sites.
2.4 Determination of potable water offsets for the potential reclaimed water service areas.
2.5 Development of a prioritized list of projects which can be logically constructed based on
the current facilities and budgetary constraints.
2.6 Performance of preliminary hydraulic analysis of the major transmission facilities to
determine pipe sizing and pump station design requirements. Develop preliminary
pumping and storage facilities sizing and locations; examine storage volumes and control
strategies.
2.7 Modification ofthe existing Master Plan's description of infrastructure necessary to extend
reclaimed water services based on prioritized project areas.
2.8 Development of an overall map of the CITY's existing reclaimed facilities and proposed
facility construction.
2.9 Identification of potential grants eligible for projects on the priority list and include the
impacts of grants in rate analysis.
2.10 Development of a funding, financing plan for reclaimed water facilities identified in the
Master Plan, including consideration of potential project phasing, sequencing and timing
alternatives through build-out of the system.
2.11 Evaluation of reclaimed water rate structure alternatives and development of a reclaimed
water rate structure that includes commercial and industrial rates that will meet the CITY's
objectives.
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2.12 Determination of the impact of funding reclaimed water system improvements on the water
and wastewater rates. These impacts may be due to offset of potable water usage and
allocation of reclaimed water system costs not recoverable under the reclaimed water rates
due to market pricing limitations, or, if any, to the water and wastewater rates based upon
the benefit received by each system.
2.13 Refinement of the Rate Alternatives for Financing Reuse System (RAFRS) model to allow
the CITY to perform reclaimed water rate scenario analyses addressing the above factors.
2.14 Complete the draft Reclaimed Water Master Plan by August 31, 1998.
2.15 Complete the final Reclaimed Water Master Plan by September 30, 1998.
3. FUNDING. The parties anticipate that the total cost ofthe PROJECT will be Ninety-six Thousand
Eight Hundred Dollars ($96,800). The DISTRICT agrees to fund 50 percent ofthe PROJECT costs
up to Forty-Eight Thousand Four Hundred Dollars ($48,400) and shall have no obligation to pay any
costs beyond this maximum amount. The CITY agrees to fund 50 percent of the PROJECT costs
up to Forty-Eight Thousand Four Hundred Dollars ($48,400). The CITY shall be the lead party to
this Agreement and shall pay PROJECT costs prior to requesting reimbursement from the
DISTRICT.
3.1 The CITY shall contract with a consultant(s) in accordance with Paragraph 2, Scope of Work.
Upon DISTRICT approval, the budget amounts for the work set forth in such contract(s) shall
be incorporated herein by reference. The DISTRICT shall reimburse the CITY for 50% of each
DISTRICT-approved invoice received from the CITY, but at no point in time shall the
DISTRICT's expenditure amount under this Agreement exceed such expenditures made by the
CITY. Payment shall be made to the CITY within thirty (30) days of receipt of an invoice,
with the appropriate support documentation, which shall be submitted to the DISTRICT at the
following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 1166
Brooksville, Florida 34605-1166
3.2 The CITY shall not use any DISTRICT funds for any purposes not specifically identified in
the PROJECT Scope of Work.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and shall
remain in effect until December 31, 1998, unless terminated or extended in writing by mutual written
agreement of the parties.
5. PROJECT RECORDS AND DOCUMENTS. Each party shall, upon request, permit the other party
to examine or audit all PROJECT -related records and documents during or following completion of
the PROJECT. Each party shall maintain all such records and documents for at least three (3) years
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following completion ofthe PROJECT. All records and documents generated or received by either
party in relation to the PROJECT are subject to the Public Records Act in Chapter 119, Florida
Statutes.
6. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies,
maps or other documents resulting from the PROJECT.
6.1 The CITY must provide the DISTRICT with a final report which clearly evidences that at least
twenty-five percent (25%) ofthe reclaimed water will offset existing or planned, ground water
or surface water withdrawals. The CITY shall obtain the DISTRICT's approval of the final
report. The DISTRICT shall not unreasonably withhold such approval.
6.2 The CITY shall provide the DISTRICT with a draft copy of the Updated Reclaimed Water
Master Plan. The CITY shall obtain the DISTRICT's approval of the draft document before
a final document is completed. The DISTRICT shall not unreasonably withhold such approval.
7. LIABILITY. Each party hereto agrees that it shall be solely responsible for the negligent acts or
omissions of its officers, employees, contractors and agents; however, nothing contained herein shall
constitute a waiver by either party of its sovereign immunity or the limitations set forth in Section
768.28, Florida Statutes.
8. TERMINATION. Either party may terminate this Agreement upon the other party's default in
complying with any term or condition of this Agreement, as long as the terminating party is not in
default of any term or condition ofthis Agreement. To effect termination, the terminating party shall
provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and
describing the term and/or condition 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 shall automatically terminate.
9. RELEASE OF INFORMATION. The parties shall not initiate any verbal or written media
interviews or issue press releases on or about the PROJECT without providing advance copies to the
other party. This provision shall not be construed as preventing the parties from complying with the
public records disclosure laws set forth in Chapter 119, Florida Statutes.
10. DISTRICT RECOGNITION. The CITY shall 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 shall be subject to DISTRICT approval.
11. LAW COMPLIANCE. Each party shall comply with all applicable federal, state, and local laws,
rules, regulations, and guidelines, relative to performance under this Agreement.
12. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. Ifthe PROJECT involves design
services, the CITY's professional designers and DISTRICT regulation and projects staff shall meet
regularly during the PROJECT design to discuss ways of insuring that the final design for the
proposed PROJECT will technically comply with all applicable DISTRICT rules and regulations.
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13. ASSIGNMENT. Neither party may assign or transfer its rights or obligations under this Agreement,
including any operation or maintenance duties related to the PROJECT, without the written consent
of the other party.
14. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
15. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signature below.
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By:
E.
DA WATER MANAGEMENT DISTRICT
Director
Date
Federal ID#: 59-0965067
CITJ CLEARWATER, FLORIDA,
By:
Michael 1. Roberto, City Manager
Date
Rita Garvey
Mayor, Commissione
Approved as to form:
Attest:
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City Attorney's Office
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Federal ID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR THE
UPDATE OF THE CITY OF CLEARWATER'S RECLAIMED WATER MASTER PLAN (P786-I)
DISTRICT APPROVAL INITIALS ~
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