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COOPERATIVE FUNDING AGREEMENT FOR ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN PHASE 1 (N097)AGREEMENT NO. 09000000108 COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN PHASE 1 (N097) 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 the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 Osceola Avenue, 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 development and review of topographic information and completion of the Watershed Evaluation element of the DISTRICT'S Watershed Management Program, 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: 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 below: Project Manager for the DISTRICT: George Fries, PE Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 Project Manager for the CITY: Allison McKinney, PE City of Clearwater Engineering Department 100 South Myrtle Avenue Clearwater, Florida 33756-5520 Page 1 of 7 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 4, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the PROJECT Budget contained in the Proposed 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 Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs 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 it engages in order to complete the PROJECT. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be Four Hundred Thousand Dollars ($400,000). The DISTRICT agrees to fund PROJECT costs up to Two Hundred Thousand Dollars ($200,000) and will have no obligation to pay any costs beyond this maximum amount. The CITY agrees to fund PROJECT costs up to Two Hundred Thousand Dollars ($200,000) 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 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 CITY will provide the DISTRICT with written documentation detailing its 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 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. Page 2 of 7 3.2 The DISTRICT will reimburse the CITY for the DISTRICT'S share of the PROJECT costs in accordance with the Project Budget contained in the Proposed Project Plan set forth in Exhibit "B," subject to Paragraphs 3.1 and 3.6. The CITY may contract with a consultant(s) 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 Project 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 Any travel expenses which may be authorized under this Agreement will be paid in accordance with Section 112.061, F.S., as may be amended from time to time. 3.4 The DISTRICT will not reimburse the CITY for any purposes not specifically identified in Paragraph 2, Scope of Work. 3.5 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 Alligator Creek Watershed Management Plan (Phase 1) agreement between the Southwest Florida Water Management District and the City of Clearwater (Agreement No. 09000000108), are allowable, allocable, properly documented, and are in accordance with the approved project budget. The CITY has been allocated a total of $ in state or federal appropriations or grant monies for this PROJECT. $ has been allocated to this invoice, reducing the DISTRICT'S and CITY'S share to $ " 3.6 The DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. 4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties and will remain in effect through December 31, 2011, unless terminated, pursuant to Paragraph 9 below, or amended in writing by the parties. Page 3 of 7 5. 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 three (3) 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. 6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including reports, drawings, estimates, programs, manuals, specifications, and all goods or products, including intellectual property and rights thereto, purchased under this Agreement with DISTRICT funds or developed in connection with this Agreement will be and will remain the property of the DISTRICT and the CITY, jointly. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 written approval as to form, content and location, and must be in accordance with local sign ordinances. Page 4 of 7 12. 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. 13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 14. 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. 15. 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. 15.1 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. 15.2 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. 16. 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. 17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT and any subcontractor of the CITY. Page 5of7 18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person or entity not a party to this Agreement. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 "B," and then to Exhibit "C." Exhibit "A" Special Project Terms and Conditions Exhibit "B" CITY'S Proposed Project Plan Exhibit "C" Minority/Women Owned and Small Business Utilization Report Form The remainder of this page intentionally left blank. Page 6 of 7 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: David L. Moor W, Executive Director Countersigned: By:? ?a? Frank Hibbard Date Mayor -? Date CITY OF CLEARWATER By: w ?.6 a co y William B. Horne II Date City Manager Approved as to form: Leslie K Dougall-Si e Assistant City Attorn Attest: eau C &nia . Goud C?r ???. 1L s'• COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF CLEARWATER FOR ALLIGATOR CREEK WATERSHED MANAGEMENT PLAN (N097) DISTRICT APPROVAL INITIALS WTE LEGAL ot $3 A4 S S ? RISK MGMT A 1 Iy? CONTRACTS - DEPT DIRECTOR DEPUTY EXEC DIR GOVERNING BOARD AOLJ?W Page 7 of 7 AGREEMENT NO. 09000000108 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONSULTANT. The CITY may engage the services of a consultant(s), hereinafter referred to as the "CONSULTANT," to design the PROJECT in accordance with the CITY'S Proposed 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 will give notice to proceed to the CONSULTANT no later than January 1, 2010. 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. DISTRICT PARTICIPATION IN SELECTING CONSULTANT. Upon notifying the CITY'S Project Manager, the DISTRICT will have the option of participating as an evaluator in the CITY'S process for selecting the CONSULTANT in accordance with Section 287.055, F.S. 4. APPROVAL OF CONTRACT. The CITY must obtain the DISTRICT'S prior written approval of all contracts entered into with its CONSULTANTS. The DISTRICT will not unreasonably withhold its approval. 5. COMPLETION DATES. The CITY will complete the PROJECT no later than October 31, 2011. Page 1 of 1 AGREEMENT NO. 09000000108 EXHIBIT "B" PROPOSED PROJECT PLAN 1.1 PROJECT DESCRIPTION This PROJECT is for the Alligator Creek Watershed that covers an area of approximately 9 square miles and is located in the City of Clearwater. The PROJECT consists of the development of Digital Topographic Information and completion of the Watershed Evaluation element of the District's Watershed Management Program. The Watershed Evaluation includes identification of existing watershed features, hydrologic and hydraulic feature inventory, identification of surveys, preliminary junction/reach GIS database, and surface water resource evaluation. The Plan will address flood protection and water quality issues. The PROJECT Tasks listed below are to be completed as part of this Watershed Management Plan. PROJECT tasks are to be accomplished according to the following schedule and budget. PROJECT TASKS 1.1 SCOPE OF WORK. The following Scope of Work outlines the elements and their associated tasks and deliverables that may be included in a Work Order. CONSULTANT will perform the required professional services in accordance with the latest version of the "Southwest Florida Water Management District's Watershed Management Program Guidelines and Specifications" (G&S), incorporated herein by reference and "Federal Emergency Management Agency's Guidelines and Specifications for Flood Hazard Mapping Partners" (Available for download at http://www.fema.gov/plan/prevenVfhm/dl cgs.shtm). The following is a list of elements to be included in a Work Order unless otherwise noted. Elements and tasks not included, and elements and tasks to be updated from existing information will be specifically noted. 1.1.1 Proiect development 1.1.1.1 Project issues and approach outline 1.1.1.2 Project timeline, and staff allocation and cost spreadsheet 1.1.1.3 Project communication and quality assurance plan 1.1.2 Digital Topographic Information is the generation of Digital Terrain Model(s) (DTM) of watershed. Digital Topographic Information will include, but is not limited to, the following: 1.1.2.1 Horizontal and vertical datum establishment; 1.1.2.2 Collection of existing topographic information and generation of topographic feature classes necessary for building a DTM of the watershed; 1.1.2.3 Datum conversion; 1.1.2.4 the Identification of topographic voids; Page 1 of 3 1.1.2.5 Acquisition of topographic information using aerial methods or other approved methods; 1.1.2.6 Triangulated Irregular Network (TIN) and Digital Elevation Model (DEM) for Watershed Evaluation processing; 1.1.2.7 Project management and quality control; and 1.1.2.8 Final approved deliverables for Digital Topographic Information. 1.1.3 Watershed Evaluation is the systematic acquisition of generic watershed features and their assessment to gain an understanding of the complexity of a watershed. It consists of tasks related to the creation of a Geographic Information System (GIS) database and associated analyses for developing information about watershed features. The Watershed Evaluation will include, but is not limited to, the following: 1.1.3.1 Generic watershed feature assembly, evaluation, and processing from existing data sources; 1.1.3.2 Field data acquisition approach to refine DTM and hydraulic features (locations, methods, and accuracy); 1.1.3.3 Public notification; 1.1.3.4 Field reconnaissance and acquisition of additional spatial (xyz) information and attributes for DTM and hydraulic feature refinement; 1.1.3.5 TIN and DEM refinement based on added information from desktop evaluation and field reconnaissance; 1.1.3.6 Generic hydrologic features; 1.1.3.7 Generic hydraulic features; 1.1.3.8 Surface water resource assessment analysis approach; 1.1.3.9 Project management and quality control; and 1.1.3.10 Final approved deliverables for the Watershed Evaluation. Maintenance of Parameters and Models and an Independent Quality Assurance Review of Program Elements set forth in the G&S are not a part of this Agreement. 1.2 PERFORMANCE SCHEDULE. A final performance schedule will be negotiated for each Work Order assignment based on the following anticipated overall performance schedule for the PROJECT. ANTICIPATED OVERALL PERFORMANCE SCHEDULE Task Description Months 1.1.1 Project Development 1 1.1.2 Digital Topographic Information 6 1.1.3 Watershed Evaluation 24 Page 2of3 1.3 DELIVERABLES REQUIRED. The deliverables that will be required for each Work Order assigned are described in the "Southwest Florida Water Management District's Watershed Management Program Guidelines and Specifications," and "Federal Emergency Management Agency's Guidelines and Specifications for Flood Hazard Mapping Partners." Specific deliverables for each assignment will be established in each Work Order. 1.4 PROJECT BUDGET Task Description DISTRICT CITY Total Project Development $10,000.00 $10,000.00 $20,000.00 Digital Topographic Information $40,000.00 $40,000.00 $80,000.00 Watershed Evaluation $150,000.00 $150,000.00 $300,000.00 Total: $200,000.00 $200,000.00 $400,000.00 The remainder of this page intentionally left blank. Page 3 of 3 OD o_ O 0 O 0 0 U 0 O O Z I? Z w 2 w W Q F-- 0 W Z O N H (1) W Z U) m ? _J J I- Co < 2 2 W ? Z O z w 2 O H O Z 2 a? ? U O N > O Cu L ? w 4 O 04 ( c4r) c ? ? -0 N CD O r- M Cy) 04 C C ~ M CQ c w L y a) C14 U U-) 'Q C O Q N C ? 0 o E- LL, co Cu O 12 0 (D U) E E Q O (n E U O ?0 0 0 O co N _ U CD ? M 0 :r o -0 ? 0 0 v, (Q E O O O C •N o ?-- a 4- C N p O 0 O Cm 7 4- ro v-• N O in .0 ?Ecn O -fl ? 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