COOPERATIVE FUNDING AGREEMENT FOR NORTH GREENWOOD DEMONSTRATION PROJECT (K194)
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AGREEMENT NO. 99CON000194
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR
THE NORTH GREENWOOD DEMONSTRATION PROJECT (KI94)
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, 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 DISTRICT and the CITY desire to combine their resources and efforts to design,
construct, and monitor two in-line stormwater treatment devices, as manufactured by CDS Technologies,
Inc., in the North Greenwood Neighborhood, a "brownfield" designated community within the City of
Clearwater, hereinafter referred to as the "PROJECT"; and
WHEREAS, the DISTRICT and the CITY have agreed on the services and/or funding each shall contribute
towards completing or accomplishing 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 be the party's prime contact person and
shall be responsible to give directions, maintain coordination, transmit instructions, receive
information, interpret and communicate policies and decisions with respect to all matters pertinent
to this Agreement. The Project Managers shall not have the authority to increase the funding
obligation, make changes to the scope of the PROJECT, or extend the expiration date of this
Agreement. Notices or reports shall be sent to the attention ofthe parties' Project Manager by U.S.
mail, postage paid, to the parties' addresses as set forth below:
Project Manager for the DISTRICT:
Michael L. Holtkamp, P. E.
Southwest Florida Water Management District
7601 U. S. Highway 301 North '
Tampa, Florida 33637
Project Manager for the CITY:
Tom Miller
City of Clearwater, Public Works Administration
100 S. Myrtle Avenue
Clearwater, Florida 33756-5520
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1.1 The DISTRICT's Project Manager is hereby authorized to approve requests to extend a
PROJECT task deadline(s) 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
hislher 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.
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 CITY's Proposed Project Plan set forth in
Exhibit "B," both attached hereto and incorporated herein. 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. The CITY shall be solely responsible for managing the PROJECT, including the hiring
and supervising of any consultants or contractors it engages under this Agreement.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Two Hundred Fifty-
Five Thousand Dollars ($255,000). The DISTRICT agrees to fund 39% of the PROJECT costs up
to One Hundred Thousand Dollars ($100,000), and shall have no obligation to pay any costs beyond
this maximum amount. The CITY agrees to fund 61 % of the PROJECT costs up to One Hundred
Fifty-Five Thousand Dollars ($155,000). Should the actual PROJECT costs exceed Two Hundred
Fifty-Five Thousand Dollars ($255,000), the CITY shall be solely responsible for funding the excess
amount. 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 Estimated Project Budget set forth in Exhibit "B." The CITY shall contract with
consultants or contractors in accordance with the Special Project Terms and Conditions set
forth in Exhibit "A." Upon DISTRICT approval, the budget amounts for the work set forth in
such contract(s) shall supersede the amounts set forth in the Estimated Project Budget and shall
be incorporated herein by reference. The DISTRICT shall reimburse the CITY for 39% of
each DISTRICT-approved invoice received from the CITY, but at no point in time shall the
D IS TRI CT' 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 supporting documentation, which may 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 PROJECT scope of work.
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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 December 30,2002, 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. REPORTING. The CITY shall provide the DISTRICT with copies of all reports, models, studies,
maps or other documents resulting from the PROJECT.
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 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.
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. If construction
is involved, the CITY shall 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.
11. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real
property rights necessary to complete the PROJECT prior to commencing any construction involved
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in the PROJECT. The DISTRICT shall have no obligation to reimburse the CITY for any costs
under this Agreement until the CITY has obtained such permits and rights.
12. LAW COMPLIANCE. Each party shall comply with all applicable federal, state and local laws,
rules, regulations and guidelines, relative to performance under this Agreement.
13. 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 ensuring that the final design for the
proposed PROJECT will technically comply with all applicable DISTRICT rules and regulations.
14. DISADV ANT AGED 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
ofthe other party.
16. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
17. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
18. DOCUMENTS. The following documents are attached and made a 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
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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.
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itness
Countersigned:
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Brian U Aungst
Mayor-Commissioner
Approved as to form:
Leslie K. Dou I-Sides
Assistant City Attorney
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SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By: ~..v
~ I . - organ. ';-ec ive Director
:!:. . 2*. .9--<J
Date
Federal ID#: 59-0965067
CIIWATER' FLORIDA
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By:
Mich el J. Roberto, City Manager
Date
Attest:
By:,kAD ,~~
~ynthiaE. Goudeau, C' Clerk.. .
Federal ID#: 59-6000289
3) 11i!
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COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTIUCT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR
THE NORTH GREENWOOD DEMONSTRATION PROJECT (K194)
Page 5 of5
DISTRICT APPROVAL WIJIALS _BATt..
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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.
Witness
Countersigned:
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Leslie K. Dougall-Sides
Assistant City Attorney
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
E. D. Vergara, Executive Director
Date
Federal ID#: 59-0965067
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Date
Attest:
By:
Cynthia E. Goudeau, City Clerk
Date
Federal ID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
FOR
THE NORTH GREENWOOD DEMONSTRATION PROJECT (K194)
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GOVERNING BOARD
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AGREEMENT NO.
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. PROJECT COORDINATION: The CITY shall keep the DISTRICT advised at all times during
the preliminary design, final design, and permitting phases of the PROJECT. The CITY shall
provide the DISTRICT's Project Manager with advance notice of all PROJECT meetings with the
consultants, regulatory agencies, and contractors and shall copy the DISTRICT's Project Manager
on all pertinent PROJECT -related correspondence.
2. OUARTERL Y REPORTS: The CITY shall submit written quarterly status reports to the
DISTRICT's Project Manager on January 1, Apri11, July 1, and October 1 of each year through
out the term of the Agreement. Status reports shall provide a summary of significant activities
and/or PROJECT milestones occurring during the preceding quarter, and shall list projected
significant activities and/or PROJECT milestones anticipated to occur during the upcoming quarter.
If the PROJECT has fallen behind schedule, the CITY shall indicate how lost time will be made
up in order to adhere to the time frames and deadlines imposed under the agreement and these
Special Project Terms and Conditions.
3. DISTRICT APPROVALS: The DISTRICT shall be provided with copies of all work products
(e.g., Design Reports, 30%, 60%, and 90% submittals, etc.) for review and comment. Work shall
not resume on the PROJECT until the DISTRICT's review comments have been satisfactorily
addressed and the DISTRICT's Project Manager has provided written approval to proceed with the
next phase of the PROJECT. DISTRICT review comments and/or approvals shall be made in a
timely and reasonable manner so as not to compromise the ability of the CITY to meet the
deadlines imposed by this Agreement. Upon completion and final acceptance of the detailed
construction plans, technical specifications, and contract documents by the DISTRICT and CITY,
if requested, the CITY shall furnish the DISTRICT with a complete set of mylar reproducible
drawings of the construction plans.
4. APPROV AL OF CONSTRUCTION DOCUMENTS: The CITY shall obtain the DISTRICT's
written approval of the construction documents prior to the construction contract being advertised
or otherwise solicited. The DISTRICT shall not unreasonably withhold such approval. The
DISTRICT's approval of the construction 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 shall not constitute a waiver of the CITY's obligation to assure that the
design professional performs according to the standards of hislher profession. The CITY shall
require CDS Technologies, Inc. to warrant that the construction documents are adequate for
bidding and construction of the PROJECT, and upon the completion of construction, that the
devices have been installed in strict accordance with the manufacturer's recommendations and
specifications.
5. CONTRACTING WITH CONTRACTOR AND CONSULTANT: The CITY shall engage the
services of a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the
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PROJECT improvements in accordance with the DISTRICT-approved final design and
construction documents and a consultant(s), hereinafter referred to as the "CONSULTANT," for
a monitoring program in accordance with the CITY's Proposed Project Plan attached as Exhibit
"B." The CITY shall be responsible for administering the contract with the CONTRACTOR and
CONSULTANT.
6. CONTRACT ADMINISTRATION: The CITY shall be solely responsible for all contract
administration and shall perform all necessary construction management services to ensure the
PROJECT is constructed in accordance with the approved final design and in conformance with
all environmental permits issued for the PROJECT. These services shall include, but are not
limited to: construction advertisement, receipt and evaluation of bids, contract award, establishment
of construction survey control, on-site construction inspection and supervision, preparation of as-
built Record drawings, and the submittal of all required permit certifications upon the completion
of construction. DISTRICT staff may participate with CITY staff in site inspections during the
construction phase. The contract between the CITY and the CONTRACTOR shall require a
Performance, Payment and Guarantee Bond and the CONTRACTOR's comprehensive liability
insurance shall name the CITY as an additional insured.
7. PROJECT SCHEDULE: The CITY shall complete the final design and preparation of construction
documents for the PROJECT improvements by December 31,2000. The CITY shall complete the
construction of the project on or before May 31, 2001. The CITY shall complete the post-
construction monitoring program and submit the final report by May 31, 2002. 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 ofthe CITY such as labor strikes or riots, then
the CITY's obligation to complete said work within aforementioned time frames shall be suspended
for the period of time the condition continues to exist.
8. OPERATION AND MAINTENANCE: Upon final acceptance of the completed PROJECT
improvements by the CITY and DISTRICT, the CITY shall perpetually perform the necessary
operation and maintenance on the completed PROJECT improvements in strict accordance with
the manufacturer's recommendations to ensure the proper hydraulic operation of the PROJECT,
and to conform to all general and specific conditions contained in the environmental permits issued
for the PROJECT.
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ttGREEMENT NO. 99CON000194
EXHIBIT "B"
PROPOSED PROJECT PLAN
PROJECT DESCRIPTION
The North Greenwood Neighborhood area is located in west-central Pinellas County within the City of
Clearwater as depicted in Attachment 1 to this Exhibit. This stormwater demonstration project will reduce
the loads of sediment, debris, and oils and greases being discharged into Stevenson Creek, which, in turn,
discharges into Clearwater Harbor/St. Joseph Sound. In addition, the project will provide data on the
effectiveness and efficiency of the CDS Technologies, Inc.' s in-line retrofit structures in removing
pollutant loads from urban stormwater flows.
The project consists of the installation of two (2) in-line continuous deflective separation (CDS) units as
manufactured by CDS Technologies, Inc. within the lower portion ofthe Stevenson Creek watershed at
the tentative locations shown in Attachment 2 to this Exhibit. One of the units will be CDS Model No.
FSW30_28, capable of treating flows up to 3 cfs. The third unit will be CDS Model No. PSW50_50,
capable of treating flows up to 11 cfs. The CDS units will be placed within storms ewer networks which
drain into Stevenson Creek, part of an urbanized watershed which drains into St. Joseph Sound north of
downtown Clearwater. After the CDS units are installed, the Model No. PSW50_50 unit will under go
detailed monitoring to assess the efficiency of the unit in removing a range of pollutants associated with
urban stormwater runoff. The monitoring program is tentatively scheduled to last for 18 months.
However, this timeframe may have to be extended in order to obtain an adequate number of storm events
to ensure that meaningful data is collected. Prior to initiating its monitoring program, the CITY shall
prepare and submit a detailed Study Plan to the DISTRICT for review and approval. The Study Plan shall
describe in detail the proposed sampling design and protocols to be used in connection with the
monitoring program. The cost of installation, operation and maintenance of the systems will be recorded
over the monitoring period. Two interim status reports and a final report will be published by the City of
Clearwater and provided to the DISTRICT.
ESTIMATED PROJECT BUDGET
Publication of Construction Documents (services provided by the CITY) .................. $0.00
Installation of two (2) units ................................................. $175,000.00
Field Water Monitoring (18 months) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $55,000.00
Data Analysis and Report Preparation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $25,000.00
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $255,000.00
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Attachment 1
to Exhibit B
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CITY OF CLEARlrATER. FLORIDA
PUBIJC 'WORKS ADMINISTRATION
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LEGEND
Project Area
Basins & Subbasin~
.. Potential Construction sites
Attachment 2
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(~i) PUBIJC WORKS ADMINlSTRATlON
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