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1259-Fl Water Star ProgramIA51 FLORIDA WATER STAR PROGRAM PARTICIPATION AGREEMENT THIS AGREEMENT is made this 2f day of )MW , 20 (Dq , by and between the St. Johns River Water Management District (hereafter "SJ WMD ") and the City of Sanford Florida, (hereafter " City "). WHEREAS: SJRWMD offers a promotional program that is entitled: Florida Water Star (hereafter "the Program "), and The purposes of the Program are to establish minimum voluntary standards for water efficiency in new commercial and institutional facilities and educate the public on the benefits of water efficiency, and City wishes to participate in the Program through the design and construction of the Sanford Public Safety Complex. NOW, THEREFORE, in consideration of the above stated premises, which are hereby made a part of this Agreement, the mutual promises and agreements set forth in this Agreement and referenced attachments, receipt of which is hereby acknowledged, the parties agree as follows: 1. Commencement and Expiration of Agreement The terms of this Agreement shall commence on the date of acceptance. This Agreement shall be for the duration of the project identified herein, unless cancelled by written notice by either party; provided, however, that if City fails to begin construction of the Public Safety Complex implementing the Program within two (2) years of the effective date, this Agreement shall automatically terminate. The District may waive automatic termination upon a showing by the Builder of good cause. 2. Termination of Agreement This Agreement may be terminated by either party, with or without cause, by providing not less than thirty (30) days written notice to the other party of its intention to terminate. City's sole remedy for any alleged breach of this Agreement is termination pursuant to this provision. 3. Governing Laws This Agreement and all rights, duties and obligations hereunder shall be governed by the laws of the state of Florida and the city and/or county jurisdiction where the construction is performed. 4. Assignment :4 I/ 4b The City may not assign nor delegate any portion of this Agreement to a third party without the prior written consent of SJRWMD. 5. Indemnity Each party shall not be liable for any damage or injury to the other party, or any other person, or to any property, occurring from actions of "the Program" which results from the negligent actions of the other party. Each party hereby, to the extent and limit permitted by State law, but without obligation to provide insurance of any nature of the other party, shall hold harmless and indemnify the other party from and against any and all liability, assertions, loss, claims, damages, costs, attorney's fees, judgments and expenses of whatsoever kind or nature which the other party may sustain, suffer or incur or be required to pay by reason of a loss resulting from the negligent acts or omissions of the party. To the extent and limit permitted by State law, in the event that any action, suit or proceeding is brought against a party upon any alleged liability arising out of this Agreement asserted to have resulted from the negligence of the other party, the party against whom the action, suit or proceeding is brought shall promptly provide notice in writing thereof to the other party by registered or certified mail addressed to the party against whom the action, suit or proceeding is brought at the address herein provided. Upon receiving such notice, the party receiving notice, at its own expense, shall diligently defend the party against whom the action, suit or proceeding is brought against such assertions, actions, lawsuits, or proceedings and take any and all appropriate actions to prevent the obtaining of a judgment against the party against whom the action, suit or proceeding is brought and to otherwise protect the interests of the party against whom the action, suit or proceeding is brought. Nothing in this Agreement or any action relating to this Agreement shall be construed as a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes. Persons employed by the a party and the agents of that party taking actions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the other party's officers and employees. Additionally, there are no third party beneficiaries to this Agreement. 6. Independent Party City's participation in the Program shall be as an independent party and not as an agent or employee of SJRWMD. 7. City as Principal City is solely responsible for any and all work performed by contractors or installers of City pursuant to this Agreement. 8. License and Permit Requirements 8.1 City shall ensure contractors have all necessary licenses from all appropriate entities and governmental agencies in the state of Florida and applicable city and /or county jurisdictions. 8.2 City shall ensure such licenses remain current and in good standing during the term of this Agreement. 8.3 City shall ensure any and all permits or authorizations required to design and/or construct the Public Safety Complex, landscapes and relevant facilities are obtained. 9. Equipment and Performance Standards City agrees to abide by all requirements and selected standards set forth in Attachment A and further agrees that SJRWMD may revise the requirements and standards by providing written notice to City not less than 120 days prior to the effective date of the new requirements and standards. In the event the requirements and standards are changed during construction of the project that is the subject of this Agreement, City may elect to abide by either the requirements and standards as contained in Attachment A, or by the standards in effect on the date of completion. Once City submits a pre - application that meets certification standards, City has twelve (12) months to bring project to substantial completion in accordance with those standards, or be subject to revised standards. 10. Training 10.1 City agrees to designate a primary designee as a point of contact. The designee will be required to attend a program orientation of not more than four (4) hours. SJRWMD will determine class content. 10.2 At SJRWMD's discretion, City's designee may be required to attend an annual refresher training of not more than two (2) hours. SJRWMD will determine class content. 10.3 Costs incurred by City for staff training (i.e., salaries, transportation) will be the sole responsibility of City and will not be reimbursed by SJRWMD. 11. Use of SJRWMD's Florida Water Star and Water Star Program Names and Logos 11.1 The Florida Water Star Program name and logo and the Water Star name and logo are the sole and exclusive property of SJRWMD and are protected by the copyright laws of the United States and the state of Florida. City is granted a non - exclusive license to utilize the Florida Water Star Program name and logo in accordance with the terms of this Agreement so long as this Agreement remains in effect. City shall not take any action that will impair SJRWMD's right, title, and interest in the Florida Water Star name and logo. 11.2 Only approved participants in the Program may use the Program logo and materials in advertising. 11.3 Use of the Program name, logo and materials does not constitute an endorsement of the City. 11.4 No changes are permitted to the Program name and logo without express approval from SJRWMD. 11.5 Upon termination of this Agreement by either party, City must immediately cease all use of the Program name, logo and materials in its advertising. Should City fail to immediately cease such use, SJRWMD may seek extraordinary relief in the form of a temporary restraining order, preliminary or permanent injunction. 12. SJRWMD Right of Inspection; Warranties 12.1 At its discretion, SJRWMD may investigate City's compliance with the requirements and standards set forth in Addendum A of this Agreement. SJRWMD assumes no duty with regard to third parties through its right of inspection to ensure that City has complied with the elements of the Program or constructed any of the items covered by the Program in accordance with applicable federal, state, or local regulations. 12.2 SJRWMD makes no warranties whatsoever to City or any other persons or entities regarding the efficacy of the water efficiency measures covered by the Program. 13. Level of Participation in Program City will be participating under the following program designation (City Representative initial to accept): �lorida Water Star Commercial Basic (single, qualifying structure) 14. Customer Solicitation At its discretion, SJRWMD will provide promotional and advertising support through media, such as, but not limited to, its Web site, newsletters, news releases, decals, and collateral materials for City to promote its participation in the Program. 16. Exclusive Benefit of the Parties This Agreement is not intended to create any rights, powers or interest in any third party and is made and entered into for the exclusive benefit of SJRWMD and City. 17. Waiver The failure or election of SJRWMD to enforce the terms and conditions of this Agreement or to exercise any right or privilege therein shall not be construed as a waiver of any other terms, conditions, rights or privileges. 18. Attorney's Fees; Venue In the event of any legal proceedings arising from or related to this Agreement, venue for such proceedings shall be in Seminole County, Florida. In the event of any such proceedings, including appeals, each party shall bear its own attorney's fees. In the event of any civil proceedings, City hereby consents to trial by the court and waives its right to seek a jury trial in such proceedings. 19. Entire Agreement This Agreement, along with any and all documents incorporated by reference herein, shall constitute the sole and entire Agreement and understanding between the parties as to the subject matter hereof. Any prior understandings, commitments or representations, expressed or implied, between the parties shall not be construed to alter or waive any part of this Agreement. IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, or duly authorized designee, and City has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT City of Sanford, Florida By: I)// � — Kirby . Gr , Executive Director, or Designee Date: A ( /6 By: Mayor nda Kuhn Date: /— o ;2 (P-0 Project Name: City of Sanford Police and Fire Department Headquarters Building Project Location: 13"` Street and Lake Avenue, Sanford, Florida .� 1/ r/7149 i m Typed Name and Title Documents attached: Attachment A — Florida Water Star Commercial Points List Florida Certifier Name: Certifier Number: Certifier Phone Number: ( ) Florida Water Star Program Commercial Qualifications Points List This program for new and existing construction is intended to provide water - efficient options for commercial buildings and landscapes, and help prevent water leaks. Florida Water Star is a service mark of the St. Johns River Water Management District (SJRWMD) of Florida. This form is designed to determine whether minimum Florida Water Star criteria have been met or exceeded. New commercial requirements To achieve Florida Water Star certification for a new commercial building: 1) All prerequisites must be met and validated 2) The minimum points achieved shall total 90, with the required minimum points per category being: • Landscape = 35 points • Irrigation = 35 points • Indoors = 20 points *Gem *na —�s Commercial building information Owner name: City of Sanford, Florida *Address: 300 N. Park Ave, P.O. Box 1788 *City /County: Sanford, FL 32772 (Seminole County) Owner phone: (407, )688 -5000 * Phefle: ( ` Owner fax: ( 407)688 -5071 Owner E -mail: mcrM(cDsanfordfl.gov (Owner's Rep.) Number of intended occupants /units: N/A * All fields must be completed. ©2007 St. Johns River Water Management District Page 1 of 8 www.floridawaterstar.com May 20, 2008 Submission of landscape and irrigation designs: It is strongly recommended that all designs be submitted before the start of construction to ensure that Florida Water Star criteria are met before installation. As- built drawings may be submitted for consideration for Florida Water Star certification, at the risk that changes will need to be made to qualify. Submissions may be representative for multiple installations within a project as follows: • Complete submissions must be made for each lot -type grouping. Lots are grouped into types based on similarities in size, growing conditions, slope or other factors that necessitate a different plant palette or different irrigation configuration. This will allow the development of "typical" designs that can be used throughout a development. • Brief submissions identify which of the "typical" designs is being used. Typical designs identified will need to be submitted with each application for certification to your certifier. Prerequisites !'!N ❑ F - ] ■ All state, county and municipal codes must be met and will supersede items in the prerequisites or points list. ❑ F ■ Plant root balls are no closer than 2.5 feet from the foundation of any structure. (Not under the eaves) ■ Turf and non -turf areas are designed to be distinctly separate when inground irrigation is used. ❑ F ■ Turf areas shall not exceed 40 percent of the landscaped area if site conditions require regular irrigation. ❑ F ■ No invasive plant species are on -site. Invasive plants are defined as those identified by the Florida Exotic Pest Plant Council Category One list ( http : / /www.fleppc.org/list/07list ctrfld.pdf the University of Florida IFAS Assessment of Non - Native Plants in Florida's Natural Areas (http: // plants. ifas. ufl. edu /assessment/pdfs /results.pdf). ©2007 St. Johns River Water Management District Page 2 of 8 www.floridawaterstar.com May 20, 2008 Landscape (minimum points required — 35) Preservation of existing vegetation Points Possible Points Earned Points can be earned for only one of the following options: 1. 20 percent or more of the lot area covered by native trees, shrubs and ground covers is preserved (not including areas protected by a 10 conservation easement) 2. 10 percent or more of the lot area covered by native trees, shrubs and ground covers is preserved (not including areas protected by a 5 conservation easement) Three or more trees greater than 4 inches in diameter at breast height (dbh) each are preserved on the lot 10 Total Preservation eoints 20 r }K g ,. Built landscape or naturally vegetated site Points Possible Points Earned Plant selections are compatible with soils and other site - specific growing conditions (points awarded are based on percentage of planting area meeting requirement) Up to 15 Plants are grouped with similar moisture and maintenance requirements (points awarded are based on percentage of planting area meeting requirement) Up to 15 Areas traditionally planted in turf are replaced with drought- tolerant turf* or ground cover (points awarded are based on percentage of planting area meeting requirement) Up to 20 Points can be earned for only one of the following options: Turf area is less than 35 percent of the landscaped area 5 Turf area is less than 25 percent of the landscaped area 10 Beds planted with site - appropriate landscape plants that do not require a permanent inground irrigation system 25 Points can be earned for only one of the following options: 50 percent or more of total planted landscape species are Florida natives appropriate to site 15 35 to 49 percent of total planted landscape species are Florida natives Up to appropriate to site 8 Sufficient number of trees are planted to attain a minimum of 30 percent shade at maturity 10 Total landscape po ints 110 *Note: Currently, the only turf that is acceptable for this item is bahia grass. Points will be given based on the amount of traditional turf replaced as approved by SJRWMD. ©2007 St. Johns River Water Management District Page 3 of 8 www.floridawaterstar.com May 20, 2008 Prerequisites Y N ❑ ❑ ■ All state, county and municipal codes are met and will supersede items in the prerequisites or points list. ❑ ❑ ■ Minimum design standards If an inground irrigation system is installed, it must meet minimum design standards for inground systems as listed below. General irrigation design elements ❑ ❑ ■ Irrigation zones for turf and landscape beds are separate. ❑ ❑ ■ Spray head and rotary sprinkler irrigated area does not exceed 20 percent of total landscaped area. ❑ ❑ ■ Narrow areas of turf, 4 feet or less, are not irrigated unless microirrigation is used. ❑ ❑ ■ Narrow areas of turf, 2 feet or less, are not irrigated. ❑ ❑ ■ Emitters are located at least 2 feet from the building so that the structure is not wetted. Installation and material selection ❑ ❑ ■ Piping system is free from leakage. Pipes are sized for appropriate flows in gallons per minute (gpm) so that velocities do not exceed 5 feet per second (fps). ❑ ❑ ■ Application rates for all sprinklers and emitters within a zone are matched. ❑ ❑ ■ Turf zone head spacing does not exceed 90 percent of the sprinkler's coverage radius for square spacing; 50 percent of coverage for triangular spacing. ❑ ❑ ■ Rotor heads and fixed pattern spray sprinklers are not installed in the same zone. ■ Pop -up rotors and spray heads rise above grass height ❑ ❑ o 6 inches for St. Augustine, zoysia and bahia grasses o 3 inches for lower - growing species such as centipede, Bermuda and seashore paspalum ❑ ❑ ■ System is installed with correct spray patterns and adjusted to minimize overspray on impermeable surfaces. ❑ ❑ ■ Check valves are installed on heads in locations lower than the valve box. ■ Sprinkler heads are located a minimum of 2 feet from building and water does not hit ❑ ❑ building while operating. No water reaches a driveway, sidewalk or other impervious surface. Irrigation scheduling and controller operations ❑ ❑ ■ A rain sensor or soil moisture sensor is installed in an operable location and is functioning. ❑ ❑ ■ Irrigation controller contains a battery backup or nonvolatile memory to maintain schedule settings. ■ Written operating instructions are provided to the maintenance entity and are affixed ❑ ❑ adjacent to the controller, with information to include irrigation schedule, controller handbook, zone diagram and location of soil moisture sensor if applicable. ■ The irrigation controller is reset to a regular maintenance schedule after establishment and ❑ ❑ before closing on the property purchasing contract, or instructions on changing to a maintenance schedule are affixed adjacent to the controller for the maintenance entity to change 30-60 days after plant installation. ■ Irrigation controller is programmed with seasonal variations based on historical ❑ ❑ evapotranspiration rates, with a total application not to exceed 21 gallons (34 inches) per square foot annually. ©2007 St. Johns River Water Management District Page 4 of 8 www.floridawaterstar.com May 20, 2008 Irrigation (minimum points required — 35) "Note: Points can be awarded for technology or features that have a demonstrated water savings or an increase in water efficiency. Points may be awarded in full or partial amount based on water efficiency or savings being implemented as approved by SJRWMD. ©2007 St. Johns River Water Management District Page 5 of 8 www.floridawaterstar.com May 20, 2008 Points Possible Points Earned No irrigation No permanent inground irrigation system installed, if combined with site- appropriate landscape that does not require irrigation Up to 115 Total non - irrigation points 115 Irrigation Microirrigation used (points awarded are based on percent of planting beds containing mircoirrigation) Up to 20 Points can be earned for only one of the following options: 1. High- volume irrigation is less than 35 percent of the landscape area 15 2. High - volume irrigation is less than 25 percent of the landscape area 20 Pressure - regulating valves or pressure- compensating spray heads are installed for spray zones 5 Pressure regulator that does not exceed 65 pounds per square inch (psi) is installed 5 Points can be earned for only one of the following two options: 1. Soil moisture sensor(s) controller(s) with a sensor probe located in a representative area in each hydrozone(microclimate) 20 2. ET, Smart or weather -based controller is installed that receives data from an off -site weather station. 10 3. ET, Smart or weather -based controller is installed in combination with an on -site weather station or documented weather station within two miles of the property 20 Leak detection shut -off system is installed 5 Nonpotable water source used for irrigation 10 Points can be awarded for the installation of new and innovative water conservation technology and features" Up to 10 Total irrigation points 115+ "Note: Points can be awarded for technology or features that have a demonstrated water savings or an increase in water efficiency. Points may be awarded in full or partial amount based on water efficiency or savings being implemented as approved by SJRWMD. ©2007 St. Johns River Water Management District Page 5 of 8 www.floridawaterstar.com May 20, 2008 Submission of plumbing, appliances and fixtures: It is strongly recommended that all model numbers for fixtures and appliances be submitted before the start of construction to ensure the models selected will meet the Florida Water Star criteria. Prerequisites Y N ■ All requirements specified in Florida Building Code are met. Note; Florida Building 1:1 E] Codes supersede items in the prerequisites or points list. ■ All water - supply connections from source to appliances are made with armored/metal El El hoses. ©2007 St. Johns River Water Management District Page 6 of 8 www.floridawaterstar.com May 20, 2008 Plumbing, appliances and fixtures (minimum points required — 20) ** *Note: Points can be awarded for technology or features that have a demonstrated water savings or an increase in water efficiency such as cut -off valves for showerheads, laminar flow, grey water reuse system, hot water distribution system, and whole -house leak detection system. Points may be awarded in full or partial amount based on water efficiency or savings being implemented as approved by SJRWMD. ©2007 St. Johns River Water Management District Page 7 of 8 www.floridawaterstar.com May 20, 2008 Points Possible Points Earned Water lines Insulate all water lines in attic or floor joists 4 Heated water lines are insulated 4 Subtotal 8 Bathroom Toilets All toilets are low flow with a UNAR MaP rating of 350 grams per flush (gpf) or greater, includes WaterSense labeled low -flow toilets 4 Additional credits available for: all high - efficiency toilet (HET) of 1.0 -1.28 gpf, or dual flush model (with MaP rating of 350 gpf or greater) installed 8 Each toilet equipped with a leak detection shut -off valve 2 Place a quarter -turn or push/pull, manual shut -off ball valve to each toilet in accessible location I All urinals are high efficiency urinals HEU's of 0.5gpf or less or are waterless 4 All showers equipped with only one shower head with an efficiency rating below 2.5 gpm (@ 80 psi) 4 Faucets All lavatory or bathroom sink faucet with a maximum flow rate of 1.5 gpm 4 Subtotal 27 Kitchen and utility/laundry utility/laundry room Appliances Place a quarter -turn or push/pull, manual shut -off ball valve to each appliance in accessible location (dishwasher, ice maker and clothes washer) 1 Dishwasher /s equipped with leak detection shut -off valve 2 Refri erator /s equipped with leak detection shut -off valve 2 Clothes washer /s equipped with leak detection shut -off valve 2 ENERGY STAR dishwasher /s using 6.5 gallons per cycle or less is installed 3 ENERGY STAR7 washing machine /s with a water factor of less than or equal to 6.0 g allons of water per cubic foot capacity is installed 15 ENERGY STAR Icemaker /s 3 Water heater Point -of -use or on- demand hot water on kitchen sink 6 Point -of -use or on- demand hot water on dishwasher 2 Point -of -use or on- demand hot water on washing machine or laundry room 2 Subtotal 38 Points can be awarded for the installation of new and innovative water conservation technology and features * ** Up to 10 Total indoor points 73+ ** *Note: Points can be awarded for technology or features that have a demonstrated water savings or an increase in water efficiency such as cut -off valves for showerheads, laminar flow, grey water reuse system, hot water distribution system, and whole -house leak detection system. Points may be awarded in full or partial amount based on water efficiency or savings being implemented as approved by SJRWMD. ©2007 St. Johns River Water Management District Page 7 of 8 www.floridawaterstar.com May 20, 2008 POINT SUMMARY Description Possible Point Totals Minimum Required Points Total Points Earned Outdoors Landscape 130 35 Irrigation/Non-irrigation 115 35 Indoors 73+ 20 Total overall points 304 90 ©2007 St. Johns River Water Management District Page 8 of 8 www.floridawaterstar.com May 20, 2008