COOPERATIVE FUNDING AGREEMENT FOR THE CLEARWATER GLEN OAKS/PALMETTO RECLAIMED WATER DISTRIBUTION PROJECT (N095)AGREEMENT NO. 09000000090
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
THE CITY OF CLEARWATER
FOR THE
CLEARWATER GLEN OAKS/PALMETTO RECLAIMED WATER
DISTRIBUTION PROJECT (N095)
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 CITY OF CLEARWATER, a municipal corporation of the State of
Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748 (33758),
Clearwater Florida 33756, 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 the. design, permitting and construction of reclaimed water
transmission and distribution lines in the Glen Oaks and Palmetto 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:
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.
Project Manager for the DISTRICT: Anthony Andrade
Project Manager for the CITY: Jerry Wells
Page 1 of 8
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
Proposed Project Cost contained in the Project Plan 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 CITY'S Project Plan 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.
3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Five Million
Seven Hundred Eighty Thousand Dollars ($5,780,000). The DISTRICT agrees to fund
PROJECT costs up to Two Million Eight Hundred Ninety Thousand Dollars
($2,890,000), subject to Paragraphs 3.1 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 Two Million Eight Hundred Ninety Thousand Dollars ($2,890,000) 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
Page 2 of 8
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 Proposed Project Cost contained in the Project Plan
set forth in Exhibit "B," subject to Paragraphs 3.1 and 3.8. 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 proposed 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 Proposed Project Cost includes any travel expenses which may be authorized
under this Agreement and reimbursement will be paid in accordance with Section
112.061, F.S., as may be amended from time to time.
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 Project Plan, 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 paragraph
will survive the expiration or termination of this Agreement.
3.5 The CITY will not use any DISTRICT funds for any purposes not specifically
identified in Paragraph 2, Scope of Work.
Page 3 of 8
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 Clearwater Glen Oaks/Palmetto Reclaimed Water
Distribution Project (N095) agreement between the Southwest Florida Water
Management District and the City of Clearwater (Agreement No.
09000000090), 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. Additionally,
the DISTRICT will have no obligation to reimburse the CITY for any costs under
this Agreement until the related wastewater treatment facility is duly permitted by
the Florida Department of Environmental Protection to deliver reclaimed water
flows to the PROJECT as proposed in the PROJECT'S Scope of Work, and if the
proposed user of the reclaimed water is a newly proposed development or
subdivision, until said development or subdivision is fully permitted and under
construction. If the related wastewater treatment facility is being upgraded
concurrently with construction of infrastructure to serve a proposed user, the
DISTRICT will have no obligation to reimburse the CITY for any costs under this
Agreement until construction of required wastewater treatment facility upgrades
has commenced.
3.8 The CITY recognizes that the DISTRICT has approved $578,000 for the PROJECT
through Fiscal Year 2009. 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.
4. FLORIDA SINGLE AUDIT ACT. Funding for this Agreement may include state financial
assistance and therefore would be subject to the Florida Single Audit Act (FSAA),
Section 215.97, F.S. If the CITY is a subrecipient 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 "C." The CITY must also use the Florida Single Audit
Act Checklist For Non-State Organizations - Recipient/Subrecipient vs. Vendor
Determination (Attachment 2 of Exhibit "C"), 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 adopt 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. The CITY will implement the rate structures as described herein within
Page 4 of 8
12 months of completion of the PROJECT. This paragraph will survive the expiration or
termination of this Agreement.
6. CONTRACT PERIOD. This Agreement will be effective October 30, 2008, and will
remain in effect through December 31, 2013, unless terminated, pursuant to Paragraph
10 below, or amended in writing by the parties.
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. The CITY
will allow public access to PROJECT documents and materials made or received by
CITY in accordance with 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. Additionally,
two (2) sets, electronic and hardcopy, of any final reports must be submitted to the
DISTRICT as Record and Library copies.
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.
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
Page 5of8
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, local
government approvals 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 AND 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
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 "D." 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
disbursement 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.
Page 6of8
18. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be
implied
CITY.
to create, any relationship between the DISTRICT and any subcontractor of the
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.
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 "B," and then to Exhibit "D."
Exhibit "A" Special Project Terms and Conditions
Exhibit "B" CITY'S Project Plan
Exhibit "C" Special Audit Requirements
Exhibit "D" Minority/Women Owned and Small Business Utilization Report Form
Page 7 of 8
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 FLORIDA WATER MANAGEMENT DISTRICT
By: 7- ?-o
Dav' L. Moore, E ecutive D' ctor Date
CITY OF CLEARWATER
4z7 D
By: 11-AW12??
Fran V. Hibbard, Mayor Date
By: -y _ E),-?L
William B. Horne II, City Manager
Approved as to form:
Assis. City Atto n y
Leslie Doug,11-1S;ides
Attest:
COOPERATIVE FUNDING AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
THE CITY OF CLEARWATER
FOR THE
CLEARWATER GLEN OAKS/PALMETTO RECLAIMED WATER
DISTRIBUTION PROJECT (N095)
DISTRICT APPROVAL INITIALS DATE
LEGAL M6AA
RISK MGMT N ?R
CONTRACTS 5 110i
DEPT DIRECTOR S
DEPUTY EXEC DIR
GOVERNING BOARD
Date
Page 8of8
AGREEMENT NO. 09000000090
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 CITY'S Project Plan previously
submitted to the DISTRICT and 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, 2009.
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 have the sole authority in directing 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 in accordance with Paragraph 8 of
Exhibit "A."
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. The DISTRICT will not unreasonably withhold its approval.
6. COMPLETION DATES. The CITY will commence construction on the PROJECT by
December 31, 2010 and will complete the PROJECT by December 31, 2012. In the
Page 1 of 8
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 the
PROJECT within the aforementioned time frame 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 Report" 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 1St through September 30th and the report must be submitted by January 15t 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 paragraph will survive
the expiration or termination of this Agreement.
8. PROJECT COORDINATION. The CITY will keep the DISTRICT advised of progress
and issues concerning the PROJECT at reasonable times and intervals during all
phases of the PROJECT. The CITY will provide the DISTRICT'S Project Manager with
advance notice of all PROJECT meetings with the CONSULTANT, CONTRACTOR,
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 on January
1, March 1, May 1, July 1, September 1, and November 1, of each year until the
PROJECT is complete.
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
confirm the continued existence of the clause in their Comprehensive Plan which
requires dual distribution (potable and reclaimed) lines in new developments
within their reclaimed water service area, and will provide for the necessary
enforcement.
B. Prior to submitting the first invoice for DISTRICT reimbursement the CITY will
confirm the continued existence of an ordinance(s) and provide enforcement 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:
Page 2 of 8
eliminating daytime reclaimed water irrigation, odd/even reclaimed watering
schedules, and residential reclaimed water metering coupled with water
conserving rates. Such measures will be developed 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 CITY'S Project Plan
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 CITY'S Project Plan set forth in Exhibit "B." A
minimum of a master meter per subdivision will be required. The CITY will
maintain said meter(s).
10. EDUCATION PROGRAM AND APPROVAL. The CITY will continue their customer
education program promoting the efficient use and conservation of reclaimed water.
Plans for the program are included in the CITY'S Proposed Project Plan set forth in
Exhibit "B." The CITY must obtain the DISTRICT'S approval of new educational
material prior to proceeding with implementation of the PROJECT. The DISTRICT will
not unreasonably withhold its approval. The education program must 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
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 DATA SPECIFICATIONS. Reclaimed water facility
information must be delivered to the DISTRICT as one ESRI Geodatabase that will
contain three feature classes. The deliverables will have the following characteristics:
Page 3 of 8
12.1 The data must be delivered in an ArcGIS geodatabase (file or personal) that is
no higher in version than the version being used by the DISTRICT at the time
the data is submitted.
12.2 Projection will be either:
o Universal Transverse Mercator, Zone 17, NAD 83/90 HARN, units of
meters
o Florida State Plane Feet West Zone, NAD 83/90 HARN, units of feet
12.3 All line features must be snapped at connecting ends.
12.4 Include geospatial metadata compliant with DISTRICT and Federal Geographic
Data Committee standards. Copies of standards are available for download
from the DISTRICT'S FTP website.
ftp://ftp.swfwmd.state.fl.us/pub/gisdata/metadata stnds/
File name: ContractorsXML.ZIP
12.5 Deliverable media will be CD, DVD, USB external/portable hard drive or flash
drive.
12.6 The horizontal accuracy of all features shall meet or exceed the accuracy of the
1:12,000 (1":1000') scale maps (plus or minus 20 feet).
The geodatabase template in XML format and an empty geodatabase format are
available for download from the DISTRICT'S FTP website.
ftp://ftp,swfwmd.state.fl.us/r)ub/gisdata/schema/
File name: ReclaimedWater schema.ZIP
FEATURE CLASSES
Wastewater Treatment Plants
Feature Class Name: RECLAIMEDWATERTREATMENTPLANTS
Description: Locations of all wastewater 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.
Feature Class Type: POINT
Attributes in addition to default attributes for point feature classes:
PLANTCAPACITY
Type: Numeric / Double
Page 4 of 8
Description: Permitted annual daily average treatment capacity, in millions
of gallons per day (MGD).
Nullable: No
PLANTREUSEFLOW
Type: Numeric / Double
Description: Annual daily average flow of reclaimed water (MGD).
Nullable: No
PLANTFLOW
Type: Numeric / Double
Description: Annual daily average of treated water (MGD).
Nullable: No
REPORTINGYEAR
Type: Numeric / Short Integer
Description: Reporting year for PLANTFLOW and PLANTREUSEFLOW
values.
Nullable: No
RWPLANTNAME
Type: Text / String
Length: 60
Description: Name of wastewater treatment plant.
Nullable: No
TREATLEVEL
Type: Text / String
Length: 5
Description: Treatment level:
ADV Advanced (AWT)
SAD Secondary Advanced treatment with filtration
SEC Secondary treatment
FT Full treatment
PRI Primary treatment
TER Tertiary treatment
Nullable: No
DISINFLEVEL
Type: Text / String
Length: 5
Description: Disinfection level:
BA Basic
IN Intermediate
HI High
FT Full treatment disinfection
Nullable: No
Page 5 of 8
RWOWNER
Type:
Length:
Description
Nullable
RWSTATUS
Type:
Length:
Description
Nullable
Text / String
40
The name of the utility or agency that owns the water
treatment plant.
No
Text / String
4
Current status of wastewater treatment plant:
EX Existing
DC Design/Construction
PR Proposed
No
PERMI TTEDANNUAL
Type: Numeric / Double
Description: Permitted annual average reuse capacity (MGD).
Nullable: No
PROJECTNUMBER
Type: Text / String
Length: 50
Description: Project number used by DISTRICT staff for budget tracking
(e.g., A123). If a treatment plant supplies water to
more than one project, list project numbers separated
by commas.
Nullable: No
COMMENTS
Type: Text / String
Length: 100
Description: Optional field for additional comments.
Nullable: Yes
Reclaimed Water Transmission Lines
Feature Class Name: RECLAIMEDWATERLINES
Description: All proposed and existing reclaimed water lines.
Feature Class Type: LINE
Attributes in addition to default attributes for line feature classes:
RWSTATUS
Type: Text / String
Page 6 of 8
Length: 2
Description: Current status of reclaimed water line:
EX Existing line
DC Design/Construction line
PR Proposed line
Nullable: No
RWFUNDING
Type: Text / String
Length: 1
Description: Is funding provided by the DISTRICT for this line?
y Yes
N No
Nullable: No
RWOWNER
Type: Text / String
Length: 40
Description: The name of the utility or agency that owns the reclaimed
water lines.
Nullable: No
RWLINESIZE
Type: Numeric / Long Integer
Description: The diameter of reclaimed water line in inches.
Nullable: No
PROJECTNUMBER
Type: Text / String
Length: 10
Description: Project number used by DISTRICT staff for budget tracking
(e.g., A123)
Nullable: No
COMMENTS
Type: Text / String
Length: 100
Description: Optional field for additional comments.
Nullable: Yes
Reclaimed Water Storage Areas
Feature Class Name: RECLAIMEDWATERSTORAGE
Description: Locations of all storage facilities. Locations are to be
represented by a point that represents the approximate center
of each individual storage tank/pond/ASR.
Page 7 of 8
Feature Class Type: POINT
Attributes in addition to default attributes for point feature classes:
RWSTORAGETYPE
Type: Text / String
Length: 4
Description: Type of reclaimed water storage facility:
POND Pond or uncovered tank
TANK Tank
ASR Aquifer storage and recovery
Nullable: No
RWFUNDING
Type: Text / String
Length: 1
Description: Is funding provided by the DISTRICT for this facility?
y Yes
N No
Nullable: No
RWSTATUS
Type: Text / String
Length: 2
Description: Current status of storage facility:
EX Existing
DC Design/Construction
PR Proposed
Nullable: No
RWOWNER
Type: Text / String
Length: 40
Description: The name of the utility or agency that owns the storage facility.
Nullable: No
PROJECTNUMBER
Type: Text / String
Length: 10
Description: Project number used by DISTRICT staff for budget tracking
(e.g., A123)
Nullable: No
COMMENTS
Type: Text / String
Length: 100
Description: Size in MG and for additional comments.
Nullable: Yes
Page 8 of 8
CL
LL1
C?
C
U)
ui
Q
SW
G
U
w
D
z
z
Q
W
^-j
LL
Z
W
2
U
Q
T o 4 4 4 4 0 0 0 0 0
V
N O.
Q
y
`• U]
?
V N
M M M M
V
O
N ?
Q (n
V N
p
n
a
P 4 0 0 0 0 Q L!
m o 0 0 ?
" r
rn o 0 0 0 M 0 _
a 2
o
a q
a
ZS 2 5 25 ? o o Q
FJ Si F4 F4 SJ
C?
~
m
y ?
a'
g
p
p
°o p
0 p
0 p
0 o
z
T
A o o h v v v v v
LL
a
z
?
co `o •- ? ? o o o ao
# -
Q V
to m N
n °
a
rn
m
rn
rn
n
m uo
a?
a`
0)
0)
0)
0) c
0)
0) - ?
y Y Y Y Y Y Y d
-
M W
W V? C IT
Of
w 0
R
7 tW- d- O ¢ V
w o
C U
R' tl
O
LLI
U
W Y } ? ?
G
?
op
o?
m
N
r
V
ti 0
Cj ....
-
p p .3- M v M M V D U
N N N co
N
N
N
1?
J
J m m m m m m m U' U
Fri
o? ci
op c; CID
m cl Lo
V
N
J '?- c0"5 c0"i O M M O O ? '- E
?
N N N N N N N C] ? LLl
d U C m W
? ? Q rn ? t
U y
U `r ? C
t; # a o `
U
n v ? ? C U
? o
c
o
?+ yy
T O V: m c
a w a ¢ ¢ V a c ? u?i C?7 za N
D? m 0? ol 0? C? CD z z ¢
- - `o
g
-- m = U
a m
c V " o c o??"'
S = LL
UJ V] U] V] a it ? i m O
v. ? a ? ar
n ai m ¢ ,_ " m } c
a
o a
> _
? c n
U N o
O
T - -
- -6 0 ? o
-
u°? a iii •.'
U O O O O O Q O O O 0 0 O v 4
s
L? L? L? li L? L? L? L? L? L? li ? c
o f7 ~
o a n F a 0 0.
U m
?
u7 o
U ?.v eiv ui?
d
r 0
4 0
L 0
4
l
4
4
4
4
4
4
R
C
l 0 v
C
) 13 s
R 0
N
L e L L
L
. l
i. I LL U. L LL
a
N
c
+, j m m m m m m m
Z Z z z Z z z
m
m
.r
m
N = m
6
0
0
0
0
0
0
0
0
0
0
0
0
O
_ ? ;? ? ¢ Q Q Q Q Q
0
m c
n ? D
0 E o o o o o o N
3 z o Z z z z z z ,
N
D
c a
m
N ? p 0_ d d d d L w
m
m
m N
O
N ?
N
co
N W (3 N O
O
U
D
N 0 ao
0"
D N
D R 0 `
N 4 Q O C o
Ql
Q
?
A. T
m m L7 N
'U ? y,, +T Q Q Q ¢ Q ¢ ¢ ?
N (D C a Z 7- Z Z Z Z 2 G
d
z U R
U'
D
7
N l
C
¢
¢
¢
Q
Q
Q
N LL 2 Z Z 2 Z 2 Z
? ?
G'
N
{q
m 0)
N
0
N 0)
N
0
[Fy 0)
N
0
uY 0)
(N
0
ar 0)
N
0
fi} 0)
N
0
U) 0)
N
0
fa
N O
U la
D
D
y
K
D
? N
M N
"? N
"D N
?D N
"D N
(O aD
C7 O
n
(+1
N
7 R
D
D
? .G a
m L
m -
R L
I
?
N w 7 G
U m
? m ? ? ? m a> a?
a? m a? m m m m
j, 0
N 0
O 0
N
Q D M
_ y 61 D
l? 7 m r
0 N
N Q
R O
IN
AGREEMENT NO. 09000000090
COOPERATOR: City of Clearwater, Florida
PROJECT: City of Clearwater Glen
(N095)
EXHIBIT "B"
PROJECT PLAN
Oaks/Palmetto Reclaimed Water Distribution Project
NARRATIVE: This alternative water supply project consists of the design, permitting and
construction of reclaimed water transmission mains and distribution piping to
serve the Glen Oaks and Palmetto areas of Clearwater.
PROJECT INFORMATION
1. TYPE OF PROJECT:
The project consists of the design, permitting and construction of reclaimed water transmission
mains and distribution piping to serve the expanding reclaimed water system in the Glen Oaks
and Palmetto areas of the CITY.
2. PROJECT OBJECTIVE:
The goal of this project is to replace existing potable water and potable quality groundwater
used for irrigation with reclaimed water. This endeavor represents a timely opportunity to
leverage CITY and DISTRICT funds for a project that will offset high potable water use in
areas that do not have access to reclaimed water.
The CITY'S overall reclaimed water objective is to develop a system that will offset potable quality
water by providing reclaimed water for irrigation and other approved non-potable uses. The
project described below will assist the CITY in attaining the goal of building a citywide reclaimed
water system.
3_ PROJECT DESCRIPTION:
A. A general project location map is included on Page 7 for the project and the Glen Oaks/
Palmetto area map is attached as Figure 1 on Page 6.
B. The project includes:
• Approximately 13,000 linear feet of 8" diameter reclaimed water distribution
main.
• Approximately 43,000 linear feet of 4" diameter reclaimed distribution main.
C. There are approximately 750 single-family residential (RES) customers in the project's
distribution service area. Approximately 550 residential customers are anticipated to
connect to the system. It is estimated that residential customers will use 0.32 million
gallons per day (mgd) of reclaimed water (average use of 580 gpd per customer) to offset
0.17 mgd of potable quality water (average offset of 300 gpd per customer). The main
distribution portion of the project is located south of Russell Street and west of Jupiter
Avenue and is bounded to the south by Druid Road.
Page 1 of 7
D. Six large recreational/commercial/aesthetic (RAC) customers are anticipated to use
approximately 0.11 mgd to offset an estimated 0.08 mgd of deep well and drinking water
used for irrigation. Customers will include Glen Oaks Park with 70,000 gpd attributed to
deep well irrigation, approximately 1,430 gpd to landscaped median in front of Glen Oaks
Park, approximately 7,000 gpd to St. Cecelia Catholic School soccer fields and Clearwater
Intermediate School grounds, 1,900 gpd to Betty-Drew Apartments for lawn meter
irrigation, and 2,600 gpd to Crest Lake Park/Dog Park.
E. Total project reclaimed water supply is estimated at 0.43 mgd (0.32 mgd RES plus 0.11
mgd RAC), and total project offsets are estimated at 0.25 mgd (0.17 mgd RES plus 0.08
mgd RAC). At build-out the CITY anticipates serving approximately 700 customers,
however, the offsets above only include the initial 555 customers.
4. DEMONSTRATION OF NEED:
A. 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.
B. This project will help meet Pinellas-Anclote River Basin Board 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.
C. 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 National Estuary
Program, the Water Use Cautionary Management Plan, and area Comprehensive Planning
Documents to maximize the reuse of highly treated wastewater.
D. This project is consistent with the update of the City of Clearwater Reclaimed Water
Expansion Plan.
E. Funding for the project is included in the City of Clearwater's Capital Improvement Plan.
5. MEASURABLE BENEFITS:
This project will support the delivery of 0.43 mgd of reclaimed water to the project area. The
expansion of reclaimed water service to these areas will offset an estimated 0.25 mgd of existing
drinking (potable) water and potable-quality groundwater used for non-potable uses, as well as
enable future expansion of the CITY'S system.
6. DELIVERABLES:
A. Bi-Monthly Design/Construction Status Reports
B. Preliminary project design
C. 20-year large 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
Page 2 of 7
F. Construction bid-packages
7.
8.
9.
G. Construction contract for DISTRICT approval
H. Construction completeness letter from the Public Utilities Director
1. Minimum customer connection confirmation
J. Reclaimed water GIS information
K. Annual Reclaimed Water Utilization & Offset Reports
PROPOSED PROJECT COST:
The total cost of this PROJECT is estimated to be $5,780,000 and the DISTRICT'S share is
expected to be 50 percent, or $2,890,000. The Pinellas-Anclote River Basin Board will fund
$578,000 in FY2009 and the remaining $2,312,000 will be requested in future fiscal years. The
cost amortized at 8 percent over 30 years is $5.57 per thousand gallons offset.
The total PROJECT cost is estimated to be $5,780,000 categorized as follows:
Total Project
Design and Permitting $ 867,000
Construction
Totals
$ 4,913,000
$ 5,780,000
State Grant CITY DISTRICT
$0 $ 433,500 $ 433,500
$0 $ 2,456,500 $ 2,456,500
$0 $2,890,000 $ 2,890,000
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.
COMPLETION SCHEDULE:
DISTRICT Notice to Proceed ..................................................................... October 30, 2008
Initial Design Commence ............................................................................ October 30, 2008
Full Design and Permitting Commence ............................................................ May 30, 2009
Construction Commence ........................................................................ December 31, 2010
Complete Construction ........................................................................... December 31, 2012
Agreement Termination .......................................................................... December 31, 2013
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.
The remainder of this page left blank intentionally
Page 3 of 7
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
P.O. Box 4748
Clearwater, FL 34618-4748
(727) 562-4960
Seconds Contact
Tracy Mercer
Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(727) 562-4960
Page 4 of 7
Attachment 1
1. Policy to uarantee 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 or existing lawn meter on property
where reclaimed distribution facilities are available". A mandatory connection fee of not more
than $800 per connection is in place, resulting in nearly 85% participation. 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.
2. 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. The CITY provides 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.
3. Ordinance/code requiring 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 will be included in an
ordinance/code (Article X: ORD. SEC. 32.351 thru 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 a.m. and 5:59 p.m. 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.
4. Ordinance/code re uirin 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 states "the CITY requires as a condition of development approval, the use of
reclaimed water (potable and reclaimed water) for future service, if reclaimed water lines are not
yet available to the proposed development.
Page 5 of 7
V
FMLN_? BLI?F BT ? I?
ro ? R
IL
BDR.%W ST .
RD
?sr
GROVE
_ YI
$T N.E.
n _fl
GQ?D CItF FitMIK1.M
BROMEU B ?,-?]A RD.A dt ¦
0003rr Sr r $7-W
C7C??
N FINE 4?
RW_
•?.? ? Okllm
OVERLSA
'..ROOK( ... OR
W
w ¦ w w w
?10U
G
¦
w w r K. ql N.;U&
?, ??? FRANKLIN
of l? ? ¦
5AN JUAN
OOLFrr ST $R-6$,
w
CF7C?(
D
CLARK ?W
?R
BON46R Ur
r , C14.5"
Lj
WKNUT 6T
.wwoo0 r_
??
r r: w
¦ r8
R -
T..I.
----
U
?`?_?
LAND
? NARVARp ?
¦ _J- wxrr?ourn
?'T=CiyLi?]`G
!ElC-r I DIEs
o
Clearwater Legend City of Clearwater "
existingreclaimed Glen Oaks-Palmetto
E
W _<?_
" RCW Service Area
° ?
? ?¦ Proposed Reclaimed s
10??PYR
.. RJA6i
P.=m
..r?rwrr?ar Map Gen By: 5F Reviewed By: RF Date: 9/1712008 Grid 7r MULTI S-T-1Z= MULTI Scale: 1"-1200'
Page 6 of 7
r
Cl
ar
t CITY OF CLEARWATER %
e
wa
e GLEN OAKS-PALMETTO W F
RCW SERVICE AREA
tR. M?CMwrMr. Kl9MM
ME ? ++?
Map Gen BT SF
Rc?ie." 8y: JH
Cabe: lpHQf M
Cxid R NA
S-T-R: NA
Scale= N.T.S.
Page 7 of 7
AGREEMENT NO. 09000000090
EXHIBIT "C"
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)(m), F.S.
In the event that the CITY expends a total amount of state financial 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 https://apps.fldfs.com/fsaa.
PART II: REPORT SUBMISSION
Copies of financial reporting packages required by PART I of this Exhibit shall be submitted by or on
behalf of the CITY directly 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 I of 5
B. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
C. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 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 PAGE INTENTIONALLY LEFT BLANK
Page 2 of 5
V
Q
c
0
a. ?
?
Q
U
aV+
?i
p
0
69
(r.
r
o,
N
C
O
N
a?i V t?
Q ?
cd
?'i Cw/] O FJ
3 ? o
3
"
0
w
a
C U
V ?
+
O .
? O
U ?'
o
U
b
v
w
S
C
d
F" 0 A ?
U `" o a
,a w Y•?w
Q 3? ?
? O
0
h ?
0 Q
a Z M
0000
t- rl-
lbeI 1es
3
O
E'+
w f
En
U u
C$U??
yN
6 T
x
U
L
Ln T
O
cw
0 0
ID
p.
0
C
0
x
3 ?
6 ?
U Q.
y
U?
d
7 O
p?
b,
U
CL,
c
U_
GO. ?.C
0
a
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. com/myfl orida/government/govemorinitiatives/fsaa/indcx, 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' after a state program has been determined (using the Florida Single Audit Act State Project
Determination Checklist) to provide state financial assistance (i.e. is a State Project as defined in 215.97 (2)(t), F.S.). This
checklist assists in determining if the non-state organization is a vendor, recipient/subrecipient, or an exempt organization.
' 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:
(i.e. 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:
Contract/Grant/Agreement Number:
PART A
YES NO
T 1. Is the non-state organization a district school board, charter school, community college,
government/public 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?
T 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 effort/level 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 recipient/vendor 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 of 5
PART B
Recipient/Vendor
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 may or 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) Recipient/Subrecipient: 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 (i.e. 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 CSFA
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. Reference may be made to Rule 27D-1, FAC.
Revised January 01, 2002
Form Number: FSAA CL2
Page 5 of 5
4 U
4 ? 'U
U Cr
U
O L
y.I
zz N N
z ? ?_
c3
a) aD
aC?
N
Q
O C C ~
I? C0
w =P-
4-
M
Z O .m 2
q N 'U Q_ C
` 0)L
o ca
u- cn
c
V U) O
U) s
w N
u) U) E E
m
OJ (?
U
Q o co Cu
X 0 CD ca
V
W ¢ D 0 0
M (D
U
Z 7 "O
o CM-0
z o?
L
O
~ E 0
L o cn
O O c --
Z
C) 0),_
°
p
Z)
6-13 O 0)
0)
a) 0
U
O
to O
a) 5
qL
I..L to
o z
w
H
O
z
Y
z
Z :D
O
AMERICAN WOMAN
z 4J
NATIVE AMERICAN
a °
O w
C-L
ASIAN/HAWAIIAN AMERICAN
U w
¢
uJ U
vJ Z HISPANIC AMERICAN
W
z
m
U
AFRICAN AMERICAN
w
N
AMERICAN WOMAN
w
w NATIVE AMERICAN
Q ?
=
~ o
w
U. ASIAN/HAWAIIAN AMERICAN
IX
0
w w
U
HISPANIC AMERICAN
F-
a
U
w AFRICAN AMERICAN
z
O z
w
H O
t'- SMALL BUSINESS
U)
¢ Section 288.703(1) F.S.
F- w
? LL
U
_
CD
NON-MINORITY
z U
a
F-
z
D
0
J
0
?
< o
W
OF-
F-
U to
a
O
OU
U?
° LL
Oz
Z E N U)
m
aci z o L
?
E
V
d ¢
z
n q
i
U Q d la
N
C
ro
Cu
z
a
a)
4.-
C
C0