COOPERATIVE FUNDING AGREEMENT FOR RAIN SENSOR REBATE PROJECT (K505)
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AGREEMENT NO, OlCON000077
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
CITY OF CLEARWATER RAIN SENSOR REBATE PROJECT (K505)
THIS COOPERATIVE FUNDING AGREEMENT is made and entered into 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 ofthe State of Florida,
whose address is 112 South Osceola Avenue, Clearwater, Florida 33756, hereinafter referred
to as the "CITY."
WITNESSETH:
WHEREAS, the CITY proposed a project to the DISTRICT for funding consideration underthe
DISTRICT's cooperative funding program; and
WHEREAS, the project consists of offering a one-time rebate to promote the use of automatic
rain sensor shut-off devices for in ground irrigation systems to achieve water savings, 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 each party's prime contact person. Notices or reports
shall be sent to the attention of each party's Project Manager by U.S. mail, postage paid,
to the parties' addresses as set forth below:
Project Manager for the DISTRICT:
John Thompson
Project Manager
2379 Broad Street
Brooksville, Florida 34604-6899
Project Manager for the CITY:
Andy Bachtel
Public Utilities Coordinator
1650 North Arcturas Avenue
Clearwater, Florida 33765
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
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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 Costs set forth in Exhibit "B." The adjustment shall be in writing, shall
explain the reason for the adjustment, and shall be signed by the Project Manager,
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 CITY's 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 approved by the DISTRICT Governing Board and the CITY prior to
being performed by the CITY.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Forty
Thousand Dollars ($40,000). The DISTRICT agrees to fund eligible PROJECT costs (see
eligible program participants as set forth in Exhibit "A") up to Twenty Thousand Dollars
($20,000) and shall have no obligation to pay any costs beyond this maximum amount.
The CITY agrees to fund PROJECT costs up to Twenty Thousand Dollars ($20,000) 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 eligible PROJECT costs
in accordance with the Project Costs set forth in Exhibit "8." The DISTRICT shall
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 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 Each CITY invoice shall include the following certification, and the CITY hereby
agrees to delegate authority to its Project Manager to affirm said certification:
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"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 City of Clearwater Rain Sensor Rebate Project
(K505) Agreement between the Southwest Florida Water Management
District and the City of Clearwater (Agreement No. OlCON000077 ), are
allowable, allocable, properly documented, and are in accordance with the
approved project budget."
3.4 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 31,2002, 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 any and 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. 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.
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, ifapplicable,
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.
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11. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall obtain all permits and all real
property rights necessary to complete 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. 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 underthis 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.
14. 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.
15. SUBCONTRACTORS. Nothing in this Agreement shall create, or be implied to create, any
relationship between the DISTRICT and any subcontractor of the CITY.
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 ofthis 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" Special Project Terms and Conditions
B. Exhibit "B" CITY's Proposed Project Plan
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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:
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
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By:
utive Director
S-:"'Ol
Date
FederaIID#: 59-0965067
Countersigned:
CITY OF CLEARWATER
Attest:
BY:~[. .J.:!-....Q....-
Cy t la E. Goudeau, City Clerk
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I Da~e
FederaIID#: 59-6000289
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
CITY OF CLEARWATER RAIN SENSOR REBATE PROJECT (K505)
DISTRICT APPROVAL
LEGAL
RISK MGMT
CONTRACTS
RC&D DEPT DIR
DEPUTY EXEC DIR
GOVERNING BOARD
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II
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AGREEMENT NO, OlCON000077
EXHIBIT "A"
SPECIAL PROJECT TERMS AND CONDITIONS
1. PROJECT COORDINATION. The CITY shall keep the DISTRICT advised at all times
during the course of the PROJECT. The CITY shall provide the DISTRICT's Project
Manager with a copy of all significant PROJECT related correspondence. The CITY will
provide the DISTRICT's Project Manager written status reports bi-monthly on January 1,
March 1, May 1, July 1, September 1, November 1 of each year throughout the term of
the Agreement.
2. LOCAL REGULATIONS. The CITY shall provide for the development and enforcement
of a local code or ordinance, or amend an existing code or ordinance, which requires the
installation of automatic rain shut-off devices on all new irrigation systems. No
reimbursement will be issued by the DISTRICT until after the official adoption of said
ordinance. Eligible program participants will not include residents who install irrigation
systems after the effective date of the local requirement or prior to the June 2001
Program Implementation date.
3. FINAL REPORTS. The CITY shall collect the necessary data to complete and submit the
following reports to the DISTRICT:
A. The CITY shall produce a final distribution report that summarizes PROJECT
activities, milestones, and findings related to rain sensor distribution. The
DISTRICT's Project Manager shall have an opportunity to review the draft report,
and provide comments to the CITY's Project Manager, prior to the submittal of the
final report. The final distribution report shall be provided to the DISTRICT's
Project Manager by January 31,2002.
B. The CITY shall provide a final program report that summarizes PROJECT findings
related to water savings. 'The DISTRICT's Project Manager shall have an
opportunity to review the draft report, and provide comments to the CITY's Project
Manager, prior to the submittal of the final report. The final report shall be provided
to the DISTRICT's Project Manager by December 31,2002.
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AGREEMENT NO. OlCON000017
EXHIBIT "B"
CITY OF CLEARWATER PROPOSED PROJECT PLAN
RAIN SENSOR REBATE PROGRAM
In an effort to find cost-effective ways to conserve water, the City of Clearwater in cooperation
with the District and Pinellas-Anclote River Basin Board, are conducting a rebate program to
promote the use of automatic rain sensor shut-off devices for in ground irrigation systems.
The project will offer a one-time rebate of 50% of eligible costs up to a $40.00 maximum. To be
eligible for this program you must be a City of Clearwater resident and be connected to the City's
potable water system. The City of Clearwater assumes no liability for any damage to the
irrigation system. Installation must be done by a licensed plumber or irrigation specialist.
The City of Clearwater will conduct the rain sensor rebate program in-house.
· The City will credit the customer account for the purchase and installation of each rain sensor
device up to $40.00 upon successful installation.
· The City will inspect and verify each rain sensor device before an account is credited.
As the demand for potable water continues to rise, water efficiency and conservation measures
offer promising alternatives to the development of new water supplies. The conservation project
proposed will reduce the current and future demand for potable water within the City of
Clearwater. Landscape irrigation accounts for 35 percent of total household water use. Rain
sensors prevent over-watering by temporarily turning off your automatic sprinkler system during
periods of rain. Based on this information the City of Clearwater has identified the following
objectives.
· To reduce outdoor potable water use of participants by fifteen percent;
· To encourage the purchase and promote the usage of water conserving fixtures;
· To educate customers on the need for and values of water conservation.
The City of Clearwater will complete an evaluation of water savings realized by customers
participating in the program. A statistically representative number of participants and control
customers will be selected for comparing water use one year before and one after installation
of conservation fixtures and devices. Control customers will be selected to determine whether
a participant's water use is representative of customers with similar characteristics and to
ascertain whether water savings realized after installation are actual and not caused by other,
unrelated circumstances. The City reads water meters on a monthly basis and the actual
readings will be used to determine before and after water usage.
A follow up questionnaire will be administered to program participants approximately six months
after installation of rain sensor fixtures. The accumulated data will be used to assess satisfaction
with the program after device installation. All promotions will include the names of the District
and Pinellas-Anclote River Basin Board.
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This program is a multi-year effort contingent upon District grants and continued City budget
authority. All rebate reimbursement requests for this first year must be completed prior the
November 1, 2001 funding deadline.
PROJECT COSTS:
TASK
Rain Sensor Device Rebates and Installation @ $40:
Program Administration and Promotion:
Program Evaluation and Report of Findings:
Total Project Costs:
CITY DISTRICT TOTAL
$20,000 $20,000 $40,000
In-kind In-kind
In-kind In-kind
$20,000 $20,000 $40,000
COMPLETION SCHEDULE:
TASK
DATE
Program Advertising
June 2001
Program Implementation
June 2001 - November 2001
Distribution Report
January 2002
Program Evaluation
December 2001 - October 2002
Final Report
December 2002
KEY PERSONNEL:
Andy Neff, P.E., Public Utilities Director
Glenn Daniel, Interim Water Superintendent
Andy Bachtel, Public Utilities Coordinator
City of Clearwater
1650 North Arcturas Avenue
Clearwater, Florida 33765
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