CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION AND DISTRIBUTION PROJECT (L254) - AGREEMENT NO. 05CON000049
AGREEMENT NO. 05CON000049
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION PROJECT (L254)
This FIRST AMENDMENT entered into and effective as of the 1 st day of October 2005 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, Clearwater,
Florida 33756, hereinafter referred to as the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement dated June 23, 2005
(Original Agreement), for the design and construction of reclaimed water transmission and
distribution lines in the Morningside area of the CITY. The Oaks condominium complex will
also be connected to an existing reclaimed water main to serve the community with reclaimed
water to be used for irrigation and cooling tower consumption; and
WHEREAS, the parties hereto wish to amend the Original Agreement to change the
DISTRICT PROJECT Manager, add new DISTRICT funding requirements and add new
Articles incorporating applicable provisions of Florida Statutes.
WHEREAS, DISTRICT funding for the PROJECT includes funds from the Water Protection
and Sustainability Program Trust Funds (WPSPTF), Florida Department of Environmental
Protection (FDEP), Catalog of State Financial Assistance number: CSFA 37.039; and
WHEREAS, the parties hereto wish to amend the Original Agreement to change the
DISTRICT PROJECT Manager, add new DISTRICT funding requirements and add new
Articles incorporating applicable provisions of Florida Statutes.
NOW THEREFORE, in consideration of the mutual terms, covenants and conditions
contained herein, the parties hereby mutually agree to amend the Original Agreement, dated
June 23, 2005, as follows:
1. Paragraph 1, Project Manager and Notices, is hereby amended to replace the
DISTRICT'S Project Manager with Anthony Andrade.
2. Paragraph 3, Funding, is hereby amended to replace the second sentence in its entirety
with the following:
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The DISTRICT agrees to fund PROJECT costs up to Two Million Two Hundred Fifty
Thousand Dollars ($2,250,000), subject to paragraphs 3.6 and 3.7 below, and will have
no obligation to pay any costs beyond this maximum amount.
3. Subparagraph 3.6 is hereby replaced in its entirety with the following:
-"
3.6 The CITY recognizes that the DISTRICT has approved One Million Four Hundred
Fifty Thousand Dollars ($1,450,000) through fiscal year 2006. This amount
includes Four Hundred Thousand Dollars ($400,000) of WPSPTF funds. The
additional funding identified by the DISTRICT for this PROJECT are contingent
upon the approval of such amounts by the DISTRICT'S Governing Board in the
annual budgets for fiscal year 2007. The DISTRICT'S and CITY'S performance
and payment pursuant to this Agreement is Contingent upon the respective
Governing Board's appropriating funds for the PROJECT.
4. The following new subparagraphs are hereby added to Paragraph 3, Funding, as
follows:
3.7
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. The DISTRICT will provide the
CITY with written documentation detailing the allocation of any WPSPTF funds
appropriated to this PROJECT during each fiscal year of the PROJECT.
3.8
The CITY will ensure that the reclaimed water infrastructure related to the
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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.
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 3-year offset report evaluation. The DISTRICT Project Manager in so
doing shall not unreasonably determine noncompliance. 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 a percentage of payments made pursuant to this Agreement equivalent
to the percentage of capacity not attained. This provision shall survive the term of
this Agreement, but shall in any case expire December 31 , 2028.
5. Paragraph 5, Project Records and Documents, is hereby amended to increase the
number of years for maintaining records and documents in the second sentence from
three (3) years to five (5) years.
...
6. Paragraph 22, Documents, is hereby replaced in its entirety to add Exhibit "D," Special
Audit Requirements as follows:
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22. 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 "0," and then to Exhibit "B."
Exhibit "A"
Exhibit "B"
Exhibit "c"
Exhibit "0"
Special Project Terms and Conditions
Proposed Project Plan
District Travel Procedure 13-5
Special Audit Requirements
7. The following new Paragraphs are hereby added to this Agreement as follows:
23. 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. The CITY will implement the rate
structures as described herein within 12 months of completion of the PROJECT.
24. FLORIDA SINGLE AUDIT ACT. Funding for this Agreement includes state
financial assistance and is therefore subject to the Florida Single Audit Act (FSAA),
Section 215.97, F.S. The CITY is a sub recipient of state financial assistance under
this Agreement and therefore may be subject to audits and monitoring as
described in the Special Audit Requirements set forth in Exhibit "D." The CITY
must also use the Florida Single Audit Act Checklist For Non-State Organizations -
Recipient/Sub recipient vs. Vendor Determination (Attachment 2 of Exhibit "0"), 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.
8. Exhibit "A," Paragraph 10, Education Program and Approval, is hereby replaced in its
entirety with the following:
10. EDUCATION PROGRAM AND APPROVAL. The CITY will continue their customer
education program promoting the efficient use and conservation of all types of
water including potable, reclaimed, surface, and shallow well. The CITY must
obtain the DISTRICrS approval of any modifications to their existing educational
material prior to the continuation of the implementation of the PROJECT. The
DISTRICT will not unreasonably withhold its approval.
9. The terms, covenants and conditions set forth in the Original Agreement, that have not
been specifically amended herein, will continue in existence, are hereby ratified,
approved and confirmed, and will remain binding upon the parties hereto.
The remainder of this page left blank intentionally.
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ORIGiNAL
IN WITNESS WHEREOF, the parties hereto have executed this FIRST AMENDMENT on the
day and year set forth next to their signatures below.
SOUTHWEST FLORID WATER MANAGEMENT DISTRICT
By:
David L. Moore, Executive Director
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Date
CITY OF CLEARWATER
Countersigned:
~r
rank V. Hibbard
Mayor-~sskmerx
By:~13,.~
William B. Horne II
City Manager
1.2-/ I 't }2..0c.J y
Date'
Approved as to form:
Attest:
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Asst.
FIRST AMENDMENT
TO AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
FOR THE
CLEARWATER MORNINGSIDE AREA RECLAIMED WATER TRANSMISSION
AND DISTRIBUTION PROJECT (l254)
Page 4 of 4
DISTRICT APPROVAL INITIALS DATE
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