COOPERATIVE FUINDING AGREEMENT FOR CITY OF CLEARWATER RESIDENT INITIATED RECLAIMED WATER EXPANSION PROJECT (N561) ORIGINAL AGREEMENT NO. 14CO0000071
COOPERATIVE FUNDING AGREEMENT (2)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CITY OF CLEARWATER RESIDENT INITIATED RECLAIMED WATER EXPANSION
PROJECT (N561)
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, hereinafter
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."
WITINESSETH:
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 piping within the City of Clearwater, hereinafter referred to as the
"PROJECT"; and
WHEREAS, the DISTRICT considers the resource benefits to be achieved by the PROJECT
worthwhile and desires to assist the CITY in funding the PROJECT.
NOW THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
1 PROJECT CONTACTS AND NOTICES. Each party hereby designates the individual set
forth below as its prime contact for matters relating to this Agreement. Notices and reports
shall be sent to the attention of each party's prime contact as set forth herein by U.S. mail,
postage paid, by nationally recognized overnight courier, or personally to the parties'
addresses as set forth below. Notice is effective upon receipt.
Contract Manager for the DISTRICT: Project Manager for the CITY:
Josh Madden Jerry Wells
Southwest Florida Water Management District City of Clearwater
2379 Broad Street P.O. Box 4748
Brooksville, Florida 34604 Clearwater, FL 34618-4960
Any changes to the above representatives or addresses must be provided to the other
party in writing.
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I
1.1 The DISTRICT'S Contract Manager is 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 Contract
Manager and his or her Bureau Chief, or Director if the Bureau Chief is the Contract
Manager, unless the DISTRICT'S Signature Authority provides otherwise. The
DISTRICT'S Signature Authority supersedes the approval requirements provided
in this provision. The DISTRICT'S Contract Manager is not authorized to approve
any time extension which will result in an increased cost to the DISTRICT or which
wilt exceed the expiration date set forth in this Agreement.
1.2 The DISTRICT'S Contract Manager is authorized to adjust a line item amount of
the PROJECT budget contained in the Project Plan set forth in Exhibit "A" or, if
applicable, the refined budget as set forth in Subparagraph 3.4 below. The
authorization must be in writing, explain the reason for the adjustment, and be
signed by all appropriate DISTRICT staff in accordance with the DISTRICT'S
Signature Authority. The DISTRICT'S Contract Manager is not authorized to make
changes to the Scope of Work and is not authorized to approve any increase in the
amounts set forth in the funding section of this Agreement.
2, SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the
CITY shall perform, the services necessary to complete the PROJECT in accordance with
the CITY'S Project Plan set forth in Exhibit "A." Any changes to this Agreement, 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. The CITY shall be
solely responsible for managing and controlling the PROJECT, both during and after
construction and during and after the operation and maintenance of the PROJECT,
including the hiring and supervising of any consultants or contractors it engages.
The parties agree that time is of the essence in the performance of each obligation under
this Agreement.
S. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million
Five Hundred Thousand Dollars ($1,500,000). The DISTRICT agrees to fund PROJECT
costs up to Seven Hundred Fifty Thousand Dollars ($750,000)and shall have no obligation
to pay any costs beyond this maximum amount, The CITY agrees to provide all remaining
funds necessary for the satisfactory completion of the PROJECT.
3.1 The DISTRICT'S performance and payment pursuant to this Agreement are
contingent upon the DISTRICT'S Governing Board appropriating funds in its
approved budget for the PROJECT in each fiscal year of this Agreement. The
CITY'S payment of any financial obligation under this Agreement is subject to
appropriation by the CITY'S Council of legally available funds.
3.2 The CITY shall pay PROJECT costs prior to requesting reimbursement from the
DISTRICT. The DISTRICT shall reimburse the CITY for the DISTRICT'S share of
allowable PROJECT costs in accordance with the PROJECT budget contained in
the Project Plan set forth in Exhibit "A." Reimbursement for expenditures of
contingency funds is contingent upon approval by the DISTRICT. If a
reimbursement request includes the expenditure of contingency funds, the CITY
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shall provide sufficient documentation to the DISTRICT to explain the basis of the
expense. The DISTRICT shall not reimburse the CITY for any contingency funds
that the DISTRICT determines, in its sole discretion, to be in excess of what was
reasonably necessary to complete the PROJECT. The DISTRICT shall reimburse
the CITY for fifty percent (50%) of all allowable costs in each DISTRICT approved
invoice received from the CITY, but at no point in time will the DISTRICT'S
expenditure amounts under this Agreement exceed expenditures made by the
CITY.
3.3 Unless otherwise stated in this Agreement, any federal, state, local or grant monies
received by the CITY for this PROJECT shall be applied to equally reduce each
party's share of PROJECT costs. The CITY shall provide the DISTRICT with
written documentation detailing its allocation of any such funds appropriated for
this PROJECT,
3.4 The CITY may contract with consultant(s), contractor(s) or both to accomplish the
PROJECT. The CITY must obtain the DISTRICT'S.written approval prior to posting
solicitations for consultants or contractors and prior to entering into agreements
with consultants or contractors to ensure that costs to be reimbursed by the
DISTRICT under those agreements are reasonable and allowable under this
Agreement. The DISTRICT shall provide a written response to the CITY within
fifteen (15) business days of receipt of the solicitation or agreement. Upon written
DISTRICT approval, the budget amounts for the work set forth in such contract(s)
shall refine the amounts set forth in the PROJECT budget and be incorporated
herein by reference. The DISTRICT shall not reimburse the CITY for costs incurred
under consultant and contractor agreements until the DISTRICT approvals
required under this provision have been obtained.
3,5 Payment shall be made to the CITY within forty-five (45) days of receipt of an
invoice with adequate supporting documentation to satisfy auditing purposes.
Invoices shall be submitted to the DISTRICT every two (2) months electronically at
invoices.@WaterMatters.org, or at the following address:
Accounts Payable Section
Southwest Florida Water Management District
Post Office Box 15436
Brooksville, Florida 34604-5436
The above-referenced payment due date shall not apply to that portion of an
invoice that includes contingency expenses. The DISTRICT agrees to reimburse
the CITY for contingency expenses within a reasonable time to accommodate the
process provided for in Section 3.2 of this Agreement.
In addition to sending an original invoice to the DISTRICT'S Accounts Payable
Section as required above, copies of invoices may also be submitted to the
DISTRICT'S Contract Manager in order to expedite the review process. Failure of
the CITY to submit invoices to the DISTRICT in the manner provided herein shall
relieve the DISTRICT of its obligation to pay within the aforementioned timeframe.
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3.6 The parties acknowledge that the PROJECT was approved for funding by the
DISTRICT based upon the resource benefits expected to be achieved by the
PROJECT (the "Measurable Benefit"). The parties also acknowledge that the CITY
is solely responsible for implementing the PROJECT in such a manner that the
expected resource benefits are achieved. If at any point during the progression of
the PROJECT, the DISTRICT determines that it is likely that the Measurable
Benefit as set forth in the Project Plan will not be achieved, the DISTRICT shall
withhold payments to the CITY until such time as the CITY demonstrates that the
PROJECT shall achieve the required resource benefits.
3.7 Any travel expenses which may be authorized under this Agreement shall be paid
in accordance with Section 112.061 , F.S., as may be amended from time to time.
The DISTRICT shall not reimburse the CITY for any purpose not specifically
identified in Paragraph 2, Scope of Work. Surcharges added to third party invoices
are not considered an allowable cost under this Agreement. Costs associated with
in-kind services provided by the CITY are not reimbursable by the DISTRICT and
may not be included in the CITY'S share of funding contributions under this
Agreement.
3.8 The DISTRICT has no obligation and shall not reimburse the CITY for any costs
under this Agreement until the Notice to Proceed with construction has been issued
to the CITY'S contractor.
3.9 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 City of Clearwater Resident Initiated Reclaimed Water
Expansion Project (N561) agreement between the Southwest Florida Water
Management District and City of Clearwater (Agreement No. 14C00000071), are
allowable, allocable, properly documented, and are in accordance with the
approved project budget. This invoice includes $...... .
of contingency expenses
The CITY has been allocated a total of$_in federal, state, local or grant monies
for this PROJECT. $— has been allocated to this invoice, reducing the
DISTRICT'S and CITY'S share to $_."
3.10 In the event any dispute or disagreement arises during the course of the
PROJECT, including whether expenses are reimbursable under this Agreement,
the CITY will continue to perform the PROJECT work in accordance with the
Project Plan. The CITY is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute by providing the details and basis of the dispute to
the DISTRICT'S Contract Manager no later than ten (10) days after the
precipitating event. If not resolved by the Contract Manager, in consultation with
hies or her Bureau Chief, within ten (10) days of receipt of notice, the dispute will be
forwarded to the DISTRICT'S Executive Director. The DISTRICT'S Executive
Director in consultation with the DISTRICT'S Office of General Counsel will issue
the DISTRICT'S final determination. The CITY'S continuation of the PROJECT
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work as required under this provision shall not constitute a waiver of any legal
remedy available to the CITY concerning the dispute.
4. COMPLETION DATES, The CITY shall commence the PROJECT by July 1, 2014, shall
complete construction of the PROJECT by June 30, 2016, and shall otherwise meet the
task deadlines established in this Agreement, as may be extended by the DISTRICT in
accordance with Paragraph 1 of this Agreement. In the event of hurricanes, tornados,
floods, acts of God, acts of war, or other such catastrophes, or other man-made
emergencies such as labor strikes or riots, which are beyond the control of the CITY, the
CITY'S obligations to meet the time frames provided in this Agreement shall be suspended
for the period of time the condition continues to exist. During such suspension, this
Agreement shall remain in effect. When the CITY is able to resume performance of its
obligations under this Agreement, in whole or in part, it shall immediately give the
DISTRICT written notice to that effect and shall resume performance no later than two (2)
working days after the notice is delivered. The suspension of the CITY'S obligations
provided for in this provision shall be the CITY'S sole remedy for the delays set forth
herein.
5. REPAYMENT.
5.1 The CITY shall repay the DISTRICT all funds the DISTRICT paid to the CITY under
this Agreement, if: a) the CITY fails to complete the PROJECT in accordance with
the terms and conditions of this Agreement including failing to meet the Measurable
Benefit; b) the DISTRICT determines, in its sole discretion and judgment, that the
CITY has failed to maintain scheduled progress of the PROJECT thereby
endangering the timely performance of this Agreement; c) the CITY fails to
appropriate sufficient funds to meet the task deadlines, unless extended in
accordance with Paragraph 1.1 ; or d) a provision or provisions of this Agreement
setting forth the requirements or expectations of a Measurable Benefit resulting
from the PROJECT is held to be invalid, illegal or unenforceable during the term of
this Agreement, including the duration of the operation and maintenance
obligations set forth in Paragraph 6 of this Agreement and the requirements
applicable to reclaimed water projects set forth in Paragraphs 24 and 26. Should
any of the above conditions exist that require the CITY to repay the DISTRICT, this
Agreement shall terminate in accordance with the procedure set forth in Paragraph
12, Default.
5.2 Notwithstanding the above, the parties acknowledge that if the completed
PROJECT fails to meet the Measurable Benefit specified in this Agreement, the
CITY may request the DISTRICT Governing Board to waive the repayment
obligation, in whole or in part.
5.3 In the event the CITY is obligated to repay the DISTRICT under any provision of
this Agreement, the CITY shall repay the DISTRICT within a reasonable time, as
determined by the DISTRICT in its sole discretion.
5.4 The CITY shall pay attorneys' fees and costs incurred by the DISTRICT, including
appeals, as a result of CITY'S failure to repay the DISTRICT as required by this
Agreement.
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6. OPERATION AND MAINTENANCE. The CITY shall ensure that the reclaimed water
infrastructure related to the PROJECT is constructed, operated and maintained in such a
manner that it shall continue to be utilized to its proposed capacity, as described in this
Agreement, for a minimum of twenty (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 shall 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'S Contract Manager will evaluate
and determine the CITY'S compliance with this provision as part of the DISTRICT required
"Annual Reclaimed Water Supplier 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 shall 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.
7. WATER RATE STRUCTURES. The CITY shall adopt rate structures for water customers
in the CITY'S service area that shall 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 CITYS first request for reimbursement of PROJECT costs.
The CITY shall implement the rate structures as described herein within 12 months of
completion of the PROJECT.
8. CONTRACT PERIOD. This Agreement shall be effective upon execution by the parties
and shall remain in effect through December 31, 2016, or upon satisfactory completion of
the PROJECT and subsequent reimbursement to the CITY, whichever occurs first, unless
amended in writing by the parties. The CITY shall not be eligible for reimbursement for
any work that is commenced, or costs that are incurred, prior to the effective date of this
Agreement,
9. PROJECT RECORDS AND DOCUMENTS. Upon request by the DISTRICT, the CITY
shall permit the DISTRICT to examine or audit all PROJECT related records and
documents during or following completion of the PROJECT at no cost to the DISTRICT.
Payments made to the CITY under this Agreement shall be reduced for amounts found to
be not allowable under this Agreement by an audit. If an audit is undertaken by either
party, all required records shall be maintained until the audit has been completed and all
questions arising from it are resolved. Each party shall maintain all such records and
documents for at least three (3) years following completion of the PROJECT. Each party
shall allow public access to PROJECT documents and materials made or received by
either party in accordance with the Public Records Act, Chapter 119, F.S. Should either
party assert any exemption to the requirements of Chapter 119, F.S., the burden of
establishing such exemption, by way of injunctive or other relief as provided by law, shall
be upon the asserting party.
10. REPORTS.
10.1 The CITY shall provide the DISTRICT with a quarterly report describing the
progress of the PROJECT tasks, adherence to the performance schedule and any
developments affecting the PROJECT. The CITY shall promptly advise the
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DISTRICT of issues that arise that may impact the successful and timely
completion of the PROJECT.
10.2 Upon request by the DISTRICT, the CITY shall provide the DISTRICT with copies
of all data, reports, models, studies, maps or other documents resulting from the
PROJECT.
10.3 The CITY shall provide the DISTRICT with the proposed final design, including
supporting documentation for review by the DISTRICT, in order for the DISTRICT
to verify that the proposed design meets the requirements of the Project Plan as
set forth in Exhibit "A." The DISTRICT shall provide a written response to the CITY
within ten (10) business days of receipt of the proposed design either verifying the
design meets the requirements of the Agreement or stating its insufficiencies. The
CITY shall not finalize the design or advertise the construction bid documents until
the DISTRICT provides the required verification. The DISTRICT'S verification shall
not constitute an approval of the design, or a representation or warranty that the
DISTRICT has verified the architectural, engineering, mechanical, electrical, or
other components of the construction bid documents or that such documents are
in compliance with DISTRICT rules and regulations or any other applicable rules,
regulations or law. The CITY shall require the design professional to warrant that
the construction documents are adequate for bidding and construction of the
PROJECT.
10.4 The CITY shall provide the DISTRICT with an "Annual Reclaimed Water Supplier
Reporf' showing the reuse flow and customer information for the CITY'S entire
reuse system. This report requirement shall become effective upon execution of
this Agreement. The reporting period shall be October 1st through September 30t"l
and the report must be submitted' by April 1st of the calendar year following the
fiscal year period. The Annual Reclaimed Water Supplier Report is available at:
http://www.swfwmd.state.fl.us/downIoad/view/site-file-sets11 18/SWFWMD-
Annual-Reclaimed-Water-,Supplier-Report-LEG-R02600-AA.xlsx
The report format will be updated by the DISTRICT as needed. The CITY shall
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.
10.5 Reclaimed water facility information must be delivered to the DISTRICT as one
ESRI Geodatabase that will contain the three feature classes and characteristics
identified in the CITY'S Project Plan set forth in Exhibit "A."
10.6 The CITY shall provide the data, reports and documents referenced in this provision
at no cost to the DISTRICT.
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11. RISK, LIABILITY, AND INDEMNITY,
11.1 To the extent permitted by Florida law, the CITY assumes all' risks relating to the
PROJECT and agrees to be solely liable for, and to indemnify and hold the
DISTRICT harmless from all claims, loss, damage and other expenses, including
attorneys' fees and costs and attorneys' fees and costs on appeal, arising from the
design, construction, operation, maintenance or implementation of the PROJECT;
provided, however, that the CITY shall not indemnify for that portion of any loss or
damages proximately caused by the negligent act or omission of the DISTRICT'S
officers, employees, contractors and agents. The acceptance of the DISTRICT'S
funding by the CITY does not in any way constitute an agency relationship between
the DISTRICT and the CITY.
11.2 The CITY agrees to indemnify and hold the DISTRICT harmless, to the extent
allowed under Section 768.28, F.S., from all claims, loss, damage and other
expenses, including attorneys' fees and costs and attorneys' fees and costs on
appeal, arising from the negligent acts or omissions of the CITY'S officers,
employees, contractors and agents related to its performance under this
Agreement.
11.3 This Paragraph 11 shall not be construed as a waiver of the CITY'S sovereign
immunity or an extension of CITY'S liability beyond the limits established in Section
768.28, F.S. Additionally, this Paragraph 11 will not be construed to impose
contractual liability on the CITY for underlying tort claims as described above
beyond the limits specified in Section 768.28, F.S., nor be construed as consent
by the CITY to be sued by third parties in any manner arising out of this Agreement,
11A Nothing in this Agreement shall be interpreted as a waiver of the DISTRICT'S
sovereign immunity or an extension of its liability beyond the limits established in
Section 768.28, F.S., nor be construed as consent by the DISTRICT to be sued by
third parties in any manner arising out of this Agreement.
12, DEFAULT. Either party may terminate this Agreement upon the other party's failure to
comply with any term or condition of this Agreement, including the failure to meet task
deadlines established in 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 shall 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
shall automatically terminate. If a default cannot reasonably be cured in thirty (30) days,
then the thirty (30) days may be extended at the non-defaulting party's discretion, if the
defaulting party is pursuing a cure of the default with reasonable diligence. The rights and
remedies in this provision are in addition to any other rights and remedies provided by law
or this Agreement.
13. 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 notices or
copies to the other party no later than three (3) business days prior to the interview or
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press release. This provision shall not be construed as preventing the parties from
complying with the public records disclosure laws set forth in Chapter 119, F.S.
14. DISTRICT RECOGNITION, The CITY shall recognize DISTRICT funding in any reports,
models, studies, maps or other documents resulting from this Agreement, and the form of
said recognition shall be subject to DISTRICT approval, If construction is involved, the
CITY shall provide signage at the PROJECT site that recognizes funding for this
PROJECT provided by the DISTRICT. All signage must meet with DISTRICT written
approval as to form, content and location, and must be in accordance with local sign
ordinances,
15. PERMITS AND REAL PROPERTY RIGHTS. The CITY shall 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 shall
have no obligation to reimburse the CITY for any costs under this Agreement until the
CITY has obtained all permits, approvals, and property rights necessary to accomplish the
objectives of the PROJECT. In the event a permit, approval or property right is obtained
but is subsequently subject to a legal challenge that results in an unreasonable delay or
cancellation of the PROJECT as determined by the DISTRICT in its sole discretion, the
CITY shall repay the DISTRICT all monies contributed to the PROJECT.
16, LAW COMPLIANCE. The CITY shall comply with all applicable federal, state and local
laws, rules, regulations and guidelines, including those of the DISTRICT, related to
performance under this Agreement. If the PROJECT involves design services, the CITY'S
professional designers and the DISTRICT'S regulation and projects staff shall! 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. However, the DISTRICT undertakes no duty to ensure compliance with such
rules and regulations.
17. DIVERSITY IN CONTRACTING AND SUBCONTRACTING, 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 subcontractors, in the performance of this
Agreement, in accordance with applicable laws.
17.1 If requested, the DISTRICT shall assist the CITY by sharing information to help the
CITY in ensuring that minority owned and woman owned and small businesses are
afforded an opportunity to participate in the performance of this Agreement.
17.2 The CITY agrees to provide the DISTRICT with a report indicating all contractors
and subcontractors who performed work in association with the PROJECT, the
amount spent with each contractor or subcontractor, and to the extent such
information is known, whether each contractor or subcontractor 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 "B." The report is
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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.
18. ASSIGNMENT. Except as otherwise provided in this Agreement, no party may assign any
of its rights or delegate any of its obligations under this Agreement, including any operation
or maintenance duties related to the PROJECT, without the prior written consent of the
other party. Any attempted assignment in violation of this provision is void.
19. CONTRACTORS. Nothing in this Agreement shall be construed to create, or be implied
to create, any relationship between the DISTRICT and any consultant or contractor of the
CITY,
20, THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit
any person or entity not a party to this Agreement.
21 . LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the CITY is prohibited
from using funds provided by this Agreement for the purpose of lobbying the Legislature,
the judicial branch or a state agency.
22. PUBLIC ENTITY CRIMIES. 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. The
CITY agrees to include this provision in all contracts issued as a result of this Agreement.
23. SCRUTINIZED COMPANIES. Pursuant to Section 287.135, F.S., a company that, at the
time of bidding or submitting a proposal for a new contract or renewal of an existing
contract, is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to
Section 215.473, F.S., is ineligible for, and may not bid on, submit a proposal for, or enter
into or renew a contract with an agency or local governmental entity for goods or services
of $1 million or more. Any contract with an agency or local governmental entity for goods
or services of $1 million or more entered into or renewed on or after July 1, 2011 , must
contain a provision that allows for the termination of such contract at the option of the
awarding body if the company is found to have submitted a false certification as provided
under Subsection 287.135(5), F.S., or has been placed on either of the aforementioned
lists. The CITY agrees to comply with the requirements of Section 287.135, F.S. in
connection with the implementation of the PROJECT.
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24. DISTRIBUTION REQUIREMENTS. The CITY shall adhere to the following terms and
conditions and shall provide written documentation of the status of each prior to requesting
any reimbursement.
Prior to submitting the first invoice for DISTRICT reimbursement the CITY shall:
24.1. Adopt, or have the associated local government adopt, an ordinance requiring dual
distribution (potable and reclaimed) lines in new developments within their
reclaimed water service area, and provide for the necessary enforcement.
24-2. Adopt an ordinance and provide enforcement for the efficient use of reclaimed
water for aesthetic landscape irrigation which results in at least a fifty percent (50%)
efficiency. Examples may include, but are not limited to: eliminating daytime
reclaimed water irrigation, odd/even reclaimed watering schedules, and residential
reclaimed water metering coupled with water conserving rates. Such measures
shall be developed with the intent of eliminating practices which do not result in the
beneficial uses.
24.3 Adopt 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 shall 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 "A."
24.4. Have initiated the installation of reclaimed water meters within the PROJECT
service area identified in the CITY'S Project Plan set forth in Exhibit "A." A
minimum of a master meter per subdivision is required. The CITY shall maintain
said meter(s)for the life of the reuse system.
25. EDUCATION PROGRAM. The CITY shall continue its previously approved customer
education program promoting the efficient use and conservation of reclaimed water.
26, 20-YEAR CUSTOMER COMMITMENT AGREEMENT. The CITY shall 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 use under normal
operating conditions for a minimum of 20 years. Written notification that all such
agreements have been secured shall be provided to the DISTRICT'S Contract Manager
prior to initiating construction of the PROJECT, and copies shall be furnished upon
request. Agreements must include at a minimum term of agreement, quantities to be
supplied, rates and seasonal availability.
27. GOVERNING LAW. This Agreement is governed by Florida law and venue for resolving
disputes under this Agreement shall be in Hernando County, Florida.
28. SEVERABILITY. If any provision or provisions of this Agreement shall be held to be
invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby. Notwithstanding the
above, if a provision or provisions of this Agreement setting forth the requirements or
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expectations of a Measurable Benefit resulting from the PROJECT is held to be invalid,
illegal or unenforceable during the term of this Agreement, this Agreement shall terminate
in accordance with Subparagraph 5.1.
29. SURVIVAL, The provisions of this Agreement that require performance after the
expiration or termination of this Agreement shall remain in force notwithstanding the
expiration or termination of this Agreement including Subparagraphs 3.3, 10.2, 10.4, 10.5,
24.3 and 24.4, and Paragraphs 5, 6, 7, 9, 11, 15, 18, 26, 27 and 28 and any provisions
requiring an offset or other continuing resource benefit.
30, 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.
31. DOCUMENTS. The following documents are attached and made a part of this Agreement.
In the event of a conflict of contract terminology, priority shall first be given to the language
in the body of this Agreement, then to Exhibit "A," and then to Exhibit "B."
Exhibit "A" CITY'S Project Plan
Exhibit "B" Minority/Women Owned and Small Business Utilization Report Form
The remainder of this page intentionally left blank.
Page 12 of 13
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
b",.........
841an,,x Armstrong, P.G. Date
Assistant Executive Director
CITY OF CLEARWATER
.,-.eor cl,
By:
George N. Cretekos, Mayor- Date
By:
Bil'rHorne, City Manager Date
11kL I r
Ap p rov d A
to form: Attest:
..........
V tlkl/
By: i U
City Attorney Rosemarie Call, City Clerk Da
COOPERATIVE FUNDING AGREEMENT(2)
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER
FOR
CITY OF CLEARWATER RESIDENT INITIATED RECLAIMED WATER EXPANSION PROJECT"(N561)
DISTRICT APPROVAL INITIALS DATE
LEGAL
RISK MGMT
CONTRACTS
BUREAU CHIEF
DIRECTOR
GOVERNING BOARD
Page 1 3 of 13
AGREEMENT NO, 14G00000071
EXHIBIT "A"
CITY'S PROJECT PLAN
PROJECT OBJECTIVE
The CITY'S overall reclaimed water objective is to develop a system that will provide reclaimed
water for irrigation and other approved non-potable uses citywide.
PROJECT DESCRIPTION
The CITY shall design, permit and construct approximately 4,300 linear feet of 8" diameter
reclaimed water distribution main and 15,200 linear feet of 4" and 6" diameter reclaimed
distribution main and distribution piping to serve the expanding reclaimed water system in
various areas of Clearwater where residents have petitioned the CITY to receive reclaimed
water service. A location map for the PROJECT and the Resident Initiated area(s) is attached
as Figure 1.
There are approximately 220 single-family residential customers in the PROJECT'S distribution
service area(s) (36 residents irrigating with potable water irrigation meters), Approximately 145
residential customers are anticipated to connect to the system. The PROJECT will have the
capacity to provide 0.079 million gallons per day (mgd) of reclaimed water,
MEASURABLE BENEFITS
Utilization of 0.079 mgd of reclaimed water by residential irrigation customers in the Northern
Tampa Bay Water Use Caution Area.
DELIVERABLES
• Quarterly Design/Construction Status Reports
• Copy of contract with consultant and contractor (for cost approval, prior to execution)
• Copy of executed contract with consultant and contractor
• Proposed Final Design Plans (verify design meets requirements of Project Plan)
• 20-year customer commitment agreements
• Copy of ordinance/code requiring dual distribution lines in new developments
• Copy of ordinance/code which provides for the efficient use of reclaimed water
• Copy of 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
• Construction Bid-Packages for Cost Approval (prior to posting)
• Copy of all required federal, state and local environmental permit application packages and
final permits
• Copy of Construction Permits
• Construction Completeness Letter
• Signed and sealed As-built Drawings
Page 1 of 8
0 Reclaimed water CIS data*
♦ Minority/Woman Owned and Small Business Utilization Report
0 Annual Reclaimed Water Supplier Report
* See Additional Information below
PROJECT BUDGET
--dL§Cki-P TION DISTRICT CITY Total
Design and Permitting $125,000 $125,000 $250,000
Construction $625,000 $625,000 $1,250,000
Construction Engineering $0 $0 $0
and Ins ection (CEI)
Total $750,000 $750,000 $1,500,000
COMPLETION SCHEDULE
DESCRIPTION COMMENCE COMPLETE
Design and Perm itti n2 July 1, 2014 March 1, 2015
Advertise Request For Bids March 31, 2015 April 30, 2015
'—Construction and CEI ---June 30, 2014 June 30, 2016
Additional task deadlines contained in the performance schedules of any consultant and
contractor contracts will be incorporated herein by reference.
KEY PERSONNEL
Seconda[y Contact
Tracy Mercer
Public Utilities Director
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618-4748
(727) 5624960
ADDITIONAL INFORMATION
RECLAIMED WATER CIS 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:
• 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.
Page 2 of 8
• Projection will be either:
* Universal Transverse Mercator, Zone 17, NAD 83190 HARN, units of meters
* Florida State Plane Feet West Zone, NAD 83190 HARN, units of feet
• All line features must be snapped at connecting ends.
• 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.
http://ft p.swfwmd.state.fl.us/pub/gisdata/metadata stnds/
File name: Contra ctorsXML.ZIP
• Deliverable media will be CD, DVD, USB external/portable hard drive or flash drive.
• 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 geoclatabase format are available for
download from the DISTRICT'S FTP website.
http://ftp.swfwmd.state,fl,us/pub/gisdata/schema/
File name: ReclaimedWater schema.ZIP
FEATURE CLASSES
Wastewater Treatment Plants
Feature Class Name: REC LAI ME DWATERTREATMENTPLANTS
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
Description: Permitted annual daily average treatment capacity, in millions of gallons per
day (mgd).
Nullable: No
PLANTREUSEFLOW
Type: Numeric/ Double
Page 8 of 8
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 P'LANTFLOW and PLANTREUSEFLOW values.
Nullable: No
RWPLANTNAME
Type: Text/ String
Length: 60
Description: Name of wastewater treatment plant.
Nullable: No
TREA TLEVEL
Type: Text/ String
Length: 5
Description: Treatment level:
ADV Advanced (AWT)
SAD Secondary Advanced treatment with filtration
SEC Secondary treatment
FT Full treatment
PR! Primary treatment
TER Tertiary treatment
Nullable: No
DDS INFLEVEL
Type: Text/ String
Length: 5
Description. Disinfection level.
BA Basic
IN Intermediate
HI High
FT Full treatment disinfection
Nullable: No
RWOWNER
Type: Text / String
Length: 40
Description: The name of the utility or agency that owns the water treatment plant.
Nullable- No
RWSTATUS
Type: Text / String
Page 4 of 8
Length: 4
Description: Current status of wastewater treatment plant:
EX Existing
DC Design/Construction
PR Proposed
Nullable: No
PERMITTEDANNUAL
Type: Numeric/ Double
Description: Permitted annual average reuse capacity (mgd).
Nullable: No
PR,OJECTNUMBER
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
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?
Page 5 of 8
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.
Null'able: 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., A 123)
Nullable: No
COMMENTS
Type: Text/ String
Length: 100
Description: Optional field for additional comments.
Nullable- Yes
Reclaimed Water Storage Area
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.
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:
PONDPond or uncovered tank
TANK Tank
ASR Aquifer storage and recovery
Nullable: No
RWFUNDING
Page 6 of 8
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: Optional field for additional comments,
Nullable: Yes
The remainder of this page intentionally left blank.
Page 7 of 8
SERVICE AREAS
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