COOPERATIVE FUNDING AGREEMENT FOR STEVENSON CREEK WATERSHED MANAGEMENT PLAN (K394)
.
.
AGREEMENT NO. OOCON000125
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PLAN (K394)
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 CLEARWATER, 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 multi-year funded, multi-phase project to evaluate and
implement a stormwater management program in the Stevenson Creek Watershed, for funding
consideration under the DISTRICT's cooperative funding program; and
WHEREAS, the stormwater management program is in the Pinellas-Anclote River Basin Board's
five-year plan, with a budget of $3,790,000; and
WHEREAS, the first phase of the project consists of the development of a Watershed
Management Plan that addresses both water quality and flood protection issues in the
Stevenson Creek Watershed, 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 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 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:
Richard Mayer
Elliot Shoberg
Page 1 of 5
jjD
OO-;!!;;"'1 ~-O I
(J)
.
.
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 shall
be in writing, shall explain the reason for the extension and shall be signed by the
Project Manager and his/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 any time extension which will likely delay the
final PROJECT task deadline.
1.2 The DISTRICT's Project Manager is authorized to adjust a line item amount of the
PROJECT Budget set forth in Exhibit "B" if such adjustment does not exceed ten
percent (10%) of the line item amount, aggregate adjustments are less than
$10,000, and such adjustment does not result in an increase to the total
PROJECT cost. Such approval shall be in writing, shall explain the reason for the
adjustment, and shall be signed by the Project Manager and his/her Department
Director and their 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 shall perform the services necessary to complete the PROJECT in accordance with
the Special Project Terms and Conditions set forth in Exhibit "A" and the Proposed Project
Plan set forth in Exhibit "B," both attached hereto and incorporated herein. Any changes
to this Scope of Work and associated costs shall be mutually agreed to in a formal written
amendment prior to being performed by the CITY. The CITY shall be solely responsible
for managing the PROJECT, including the hiring and supervising of any consultants it
engages under this Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Five Hundred
Ninety Seven Thousand Eight Hundred Dollars ($597,800). The DISTRICT agrees to fund
37 percent of the PROJECT costs up to Two Hundred Twenty Thousand Dollars
($220,000) and shall have no obligation to pay any costs beyond this maximum amount.
The CITY agrees to fund 63 percent ofthe PROJECT costs up to Three Hundred Seventy
Seven Thousand Eight Hundred Dollars ($377,800) and shall be responsible for all costs
in excess of the anticipated total PROJECT cost. 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 DISTRICT shall reimburse the CITY for its share of PROJECT costs in
accordance with the proposed Budget setforth in Exhibit "B." The CITY shall contract
with consultants in accordance with the Special Project Terms and Conditions set
Page 2 of 5
,fJIJ
.
.
forth in Exhibit "A." Upon DISTRICT approval, the budget amounts for the work set
forth in such contract(s) shall refine the amounts set forth in the proposed Budget and
shall be incorporated herein by reference. The DISTRICT shall reimburse the CITY
for 50 percent 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 on a monthly basis 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 above Scope of Work.
3.3 The DISTRICT's performance and payment pursuant to this Agreement is contingent
upon the DISTRICT's Governing Board appropriating funds for the PROJECT.
4. CONTRACT PERIOD. This Agreement shall be effective upon execution by all parties and
shall remain in effect until March 31, 2004, 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 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 in Chapter 119, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including
reports, drawings, estimates, programs, manuals, specifications, and all goods or products,
including intellectual property and rights thereto, purchased under this Agreement with
DISTRICT funds or developed in connection with this Agreement shall be and remain the
property of the DISTRICT.
7. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models,
studies, maps or other documents resulting from the PROJECT.
8. 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.
Page 3 of 5
IJd
.
.
9. DEFAULT. 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 of this 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.
1 O. TERMINATION WITHOUT CAUSE. This Agreement may be terminated by theDISTRICT
without cause upon fifteen (15) days written notice to the CITY. Termination shall be
effective upon the fifteenth (15th) day after the CITY's receipt of said notice. In the event
of such termination the CITY shall be entitled to compensation for all services reasonably
and properly incurred to the date of termination.
11. 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.
12. 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.
13. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, relative to performance under this Agreement.
14. DISADVANTAGED BUSINESS ENTERPRISES. The DISTRICT expects the CITY to use
good faith efforts to ensure that disadvantaged business enterprises, which are qualified
under either federal or state law, have the maximum practicable opportunity to participate
in contracting opportunities under this project Agreement. Invoice documentation
submitted to the DISTRICT under this Agreement shall include information relating to the
amount of expenditures made to disadvantaged businesses by the CITY in relation to this
Agreement, to the extent the CITY maintains such information.
15. 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.
16. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
Page 4 of 5
d)
.
.
17. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit
any person or entity not a party to this Agreement.
18. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties
and may be amended only in writing, signed by all parties to this Agreement.
19. DOCUMENTS. The following documents are attached and madea part of this Agreement.
In the event of a conflict of contract terminology, priority shall first be given to the language
in the body of this Agreement, then to Exhibit "A," and then to Exhibit "B."
A. Exhibit "A"
B. Exhibit "B"
Special Project Terms and Conditions
Proposed Project Plan
IN WITNESS WHEREOF, the parties hereto, ortheir lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
Witness:
~-l;ll ~
Countersigned:
li.-IJ/ ~--
Brian J.Co:ungst
Mayor- ommlssloner
Approved as to form:
itJ~'~~
Leslie K. Doug -Sides
Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
,~
Date
By:
E.
ive Director
CITY OF C EARWATER, FLORIDA
By:
Mich I J. Roberto, City Manager
Date
Attest:
FederaIID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BElWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
STEVENSON CREEK WATERSHED MANAGEMENT PLAN (K394)
;;4
Page 5 of 5
DISTRICTAPPRQV AL _ ~LS ,OIl'!..
LEGAL t. ~
RISK MGMT
CONTRACTS .. tJ7/~f/t7.o
RM DEPT DIR ~ r.~ZO~
DEPUTY EXEC DIR ~ '
GOVERNING BOARD "
. .
.
.
AGREEMENT NO. OOCON000125
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. CONTRACTING WITH CONSULTANT. The CITY shall engage the services of a
consultant(s), hereinafter referred to as the "CONSULTANT," to accomplish the
PROJECT in accordance with the Proposed Project Plan previously submitted to the
DISTRICT and attached as Exhibit "8." The CITY shall be responsible for administering
the contract with the CONSULTANT and shall give notice to proceed to the
CONSULTANT no later than October 30, 2000.
2. APPROVAL OF CONTRACT. The CITY shall obtain the DISTRICT's prior written
approval of all contracts entered into with its CONSULTANTS as referenced above in
item number one of this exhibit. The DISTRICT shall not unreasonably withhold such
approval.
3. COMPLETION DATES. The CITY shall complete the PROJECT no later than
November 30, 2003.
The remainder of this page intentionally left blank.
Page 1 of 1
~
,.
.
.
AGREEMENT NO. OOCON000125
EXHIBIT "B"
PROPOSED PROJECT PLAN
PROJECT DESCRIPTION
The Stevenson Creek Watershed is located in the western portion of Pinellas County and
includes the cities of Clearwater and Dunedin. The area of the Stevenson Creek Watershed is
6,012 acres. The Creek discharges to Clearwater Harbor which is as an Outstanding Florida
Water Body and State Aquatic Preserve. The watershed has a history offlooding problems and
water quality is a concern particularly in regard to deposition of sediments into Clearwater Harbor
and areas upstream of the outlet.
The stormwater management program will address both flood protection and water quality
issues. The watershed management plan is the first phase of the stormwater management
program. The current cooperative funding includes data collection, watershed characterization,
preliminary watershed evaluation, floodplain and water quality analysis, identification of problem
areas and evaluation of best management practices to address the problem areas. Identification
of erosion areas and evaluation of erosion control methods will be a major element of the
Project. This Project will evaluate and identify the probable cost of future implementation
projects that may be cooperatively funded in future fiscal years. The future phases are
anticipated to include the design, permitting, land acquisition and construction of
recommendations from this Project.
This Project will provide information for local preventative and mitigative measures for flood
protection and water quality improvement. Preventative measures may include: updated
floodplain information for land use regulation, building permits, and surface water permitting, and
identification of natural areas that should be protected, preserved, or restored. Mitigative
measures include ready identification of existing problem areas where structural and non-
structural improvements should be focused to reduce flood damage and pollution potential.
Benefits to Clearwater Harbor are reduced sediment and pollutant loads to the area. ARC/lNFO
coverages, input and output data will be formatted, and conform to standards and specifications
described in the Southwest Florida Water Management District Watershed Data Management
System for Engineering, hereinafter referred to as "DATA STANDARDS." The ARC/INFO
Coverages, input data and output data developed in the PROJECT shall hereinafter be referred
to as the "DATABASE."
SCOPE OF WORK
Key tasks to be performed by the City:
1. Project Management and Coordination
a. Develop a Project Work Plan and submit to the District
b. Project coordination
Page 1 of 4
.tIJ
"
.
2. Information Collection and Management
.
a. Perform a literature search, develop sub-watershed and sub-basin delineations, develop
a hydraulic network link-node diagram, and collect all other relevant watershed data.
b. Digitize sub-watershed and sub-basin delineations, the hydraulic network link-node
diagram, and store as ARC/INFO coverage.
c. Select an appropriate computer model
d. Develop all watershed parameters necessary for the computer model input data set
e. Evaluate and define deficiencies of existing data including survey requirements
3. Field Work and Data Analysis
a. Plan field work program
b. Evaluate biological resources
c. Conduct water and sediment quality analysis including the following:
Streamflow and water quality monitoring
Additional water quality (coliform/ABA)
Sediment sampling and analysis
Identify additional monitoring needs
Conduct a pollutant loading analysis
Evaluate pollutant prevention strategies
Conduct an ongoing monitoring program
d. Perform a Land Use Inventory
e. Develop Survey, Geologic and Topographic Base Data
f. Develop Geographic Information System (GIS) Database
4. Watershed Modeling (Computer Modeling)
a. Model Development and Calibration
b. Develop an existing conditions computer model of water shed for 2.33-, 5- 10-, 25-, 50-,
1 DO-year flood levels. Export the runoff, stage and flow time series data from the model
output dataset into the DATABASE.
c. Develop and submit an Interim report to the DISTRICT
d. Conduct a training program for using the computer model
e. Prepare Flood Insurance Rate Map revisions
5. Identification of Problems and Potential Solutions
a. Evaluate existing condition Level of Service
b. Develop and evaluate potential solutions for areas that do not meet the City's Level of
Service criteria
6. Evaluation and Prioritization of Potential Solutions
a. Develop a prioritization for solutions
b. Prepare a preliminary report
Page 2 of4
40
,
. .
c. Prepare and submit a draft final report to the District for review and comment. The report
shall include, but not be limited to, recommendations for flood protection and water
quality improvements and a list of costs and benefits for the proposed improvements.
d. Incorporate review comments into the final report
7. Coordination with Permitting Agencies
a. Permit Coordination/Pre-application Meeting
8. Presentations, Public Meetings and Technical Liaison
a. Project Kickoff Meeting
b. Bi-Monthly Progress Meetings
c. Project Presentations
d. Public I nformation Meetings
e. Public Information Requirements
f. City Commission Presentation
g. District Basin Board Presentations
PROJECT DELlVERABLES
1. Draft and Final Watershed Management Plan that includes all tasks listed above.
2. Computer model input and output databases.
3. ARC/INFO coverages of 1 DO-year floodplain.
4. Flood profiles for 2.33 -,5-, 10 -, 25-, 50 - and 100 - year events (include at least channel and
structure geometry and indicate location of crossings and landmarks on the profiles) from
Belleair Road to outfall and tributary northwest to Union Street.
5. Watershed boundary delineations and 1 DO-year floodplain delineated on mylar District 1" =
200' aerial topographic maps.
6. All electronic data and databases/datasets in the DATABASE format.
7. Submittal to the Federal Emergency Management Agency in a format specified by the
Engineering Study Data Package (ESDP) and the Flood Insurance Study Guidelines and
Specifications for Study Contractors FEMA 37.
8. Submittals to the District for written approvals after the completion of each Project task.
9. Project Work Plan and Notices to the District 10 days in advance of progress meetings.
Page 3 of 4
;IJ
.(
.
.
BUDGET
Task
Amount
1. Project Management and Coordination
2. Information Collection and Management
3. Field Work and Data Analysis
4. Watershed Modeling (Computer Modeling)
5. Identification of Problems and Potential Solutions
6. Evaluation and Prioritization of Potential Solutions
7. Coordination with Permitting Agencies
8. Presentations, Public Meetings and Technical Liaison
$ 13,900
33,500
256,900
102,000
70,100
61,900
8,500
51 .000
Total Budget
$597,800
The remainder of this page intentionally left blank.
Page 4 of 4
40