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UTILITY DEPARTMENT r�
TRANSMITTAL MEMORANDUM
To: City Clerks Office
RE: Cost Share Agreement
The item(s)noted below is/are attached and forwarded to your office for the following action(s):
❑ Development Order ❑ Mayor's signature
❑ Final Plat(original mylars) n Recording
❑ Letter of Credit ❑ Rendering
❑ Maintenance Bond El Safe keeping (Vault)
❑ Ordinance
❑ Performance Bond
❑ Resolution
Once completed,please:
❑ Return original
❑ Return copy
❑
Special Instructions:
Please see attached email
Please advise if you have any questions regarding the above.
Thank you!
i
From Date
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IN
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Contract#27652 1:7'
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IN
COST-SHARE AGREEMENT 7
BY AND BETWEEN THE '" '
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT al
AND THE CITY OF SANFORD
THIS AGREEMENT("Agreement")is entered into by and between the GOVERNING BOARD of
the ST.JOHNS RIVER WATER MANAGEMENT DISTRICT("the District"),whose address is 4049
Reid Street,Palatka,Florida 32177,and CITY OF SANFORD,whose address is P.O.Box 1788,Sanford,
FL 32772-1788("Recipient").All references to the parties hereto include the parties,their officers,
employees,agents,successors,and assigns.
RECITALS
The waters of the state of Florida are among its basic resources,and it has been declared
to be the policy of the Legislature to promote the conservation,development,and proper
utilization of surface and ground water. Pursuant to chapter 373,Fla. Stat.,the District is
responsible for the management of the water resources within its geographical area.
The District initiated a cost-sharing program for Fiscal Year 2013 for construction
projects that will initiate construction sometime during 2014,involve water resource
development,alternative water supply development,water conservation,or spring shed
nutrient-loading reduction,and address one or more of the following District strategic
initiatives:Springs Protection,North Florida Water Supply Partnership,Central Florida
Water Initiative,or Minimum Flows and Levels Prevention and Recovery.
The District has determined that providing cost-share funding to Recipient for the
purposes provided for herein will benefit the water resources and one or more of the
above-stated initiatives.
The parties have agreed to jointly fund the following project in accordance with the
funding formula further described in the Statement of Work,Attachment A(hereafter
"the Project"):
Reclaimed Water Interconnect Project: Funding assistance
provided is for the Recipient's share of the Project's South
Portion as outlined in the Statement of Work.
In consideration of the above recitals,and the funding assistance described below,Recipient agrees
to perform and complete the activities provided for in the Statement of Work,Attachment A. Recipient
shall complete the Project in conformity with the contract documents and all attachments and other items
incorporated by reference herein.This Agreement consists of all of the following documents:(1)
Agreement,(2)Attachment A-Statement of Work;and(3)all attachments,if any.The parties hereby agree
to the following terms and conditions.
1. TERM;WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and
executed the same("Effective Date")until September 30,2014("Completion Date").
Recipient shall not commence the Project until any required submittals are received and
approved.Recipient shall commence performance within 30 days after the Effective Date
and shall complete performance in accordance with the time for completion stated in the
Statement of Work.Time is of the essence for every aspect of this Agreement,including
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Contract#27652
any time extensions. Notwithstanding specific mention that certain provisions survive
termination or expiration of this Agreement,all provisions of this Agreement that by their
nature extend beyond the Completion Date survive termination or expiration hereof.
(b) This Agreement constitutes an offer until authorized,signed and returned to the District by
Recipient.This offer terminates 45 days after receipt by Recipient.
2. DELIVERABLES.Recipient shall fully implement the Project,as described in the Statement of
Work,Attachment A.Recipient is responsible for the professional quality,technical accuracy,
and timely completion of the Project.Both workmanship and materials shall be of good quality.
Unless otherwise specifically provided for herein,Recipient shall provide and pay for all
materials,labor,and other facilities and equipment necessary to complete the Project.The
District's Project Manager shall make a final acceptance inspection of the Project when
completed and finished in all respects.Upon satisfactory completion of the Project,the District
will provide Recipient a written statement indicating that the Project has been completed in
accordance with this Agreement.Acceptance of the final payment by Recipient shall constitute a
release in full of all claims against the District arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES.Unless otherwise provided herein,the District does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project's South Portion task,the District shall pay
Recipient 40%of the Recipient's share of the South Portion task. The South Portion task
shall be completed equally by the Recipient and by Volusia County under a separate
agreement. In no event shall the District cost-share to Recipient for the South Portion
task exceed$235,000,except as otherwise provided in the Statement of Work,Section
VI. The District cost-share is not subject to modification based upon price escalation in
implementing the Project during the term of this Agreement.Recipient shall be
responsible for payment of all costs necessary to ensure completion of the Project.
Recipient shall notify the District's Project Manager in writing upon receipt of any
additional external funding for the Project not disclosed prior to execution of this
Agreement.
(b) "Construction cost"is defined to include actual costs of constructing Project facilities,
including construction management. Land acquisition,engineering design,and
permitting costs are excluded. Construction cost does not include any costs incurred
prior to the Effective Date,unless expressly authorized by the Statement of Work. Costs
that are excluded will not be credited toward Recipient's cost-share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion
Date. Upon a showing of good cause,the District,upon approval of the Executive
Director,or designee,may extend the Completion Date to no later than December 31,
2014. Any further extension of the Completion Date will require approval by the
District's Governing Board.
5. PAYMENT OF INVOICES
(a) Within 30 days after the closing date of each calendar quarter(March 31,June 30,
September 30 and December 31),Recipient shall submit an itemized invoice for the
reimbursable expenses incurred during the previous quarter by one of the following two
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methods:(1)by mail to the St.Johns River Water Management District,Director,Office
of Financial Services,4049 Reid Street,Palatka,Florida 32177,or(2)by e-mail to
acctpay @sjrwmd.com. The invoice shall be submitted in detail sufficient for proper pre-
audit and post-audit review. It shall include a copy of contractor and supplier invoices to
Recipient and proof of payment.Recipient shall be reimbursed for 100%of each invoice,
which shall not exceed 40%of approved costs,until the not-to-exceed amount of the
District's cost has been expended. The District shall not withhold any retainage from this
reimbursement. If necessary for audit purposes,Recipient shall provide additional
supporting information as required to document invoices.
(b) End of District Fiscal Year Reporting.The District's fiscal year ends on September 30.
Irrespective of the invoicing frequency,the District is required to account for all
encumbered funds at that time.When authorized under the Agreement,submittal of an
invoice as of September 30 satisfies this requirement.The invoice shall be submitted no
later than October 30.If the Agreement does not authorize submittal of an invoice as of
September 30,Recipient shall submit,prior to October 30,a description of the additional
work on the Project completed between the last invoice and September 30,and an
estimate of the additional amount due as of September 30 for such Work.If there have
been no prior invoices,Recipient shall submit a description of the work completed on the
Project through September 30 and a statement estimating the dollar value of that work as
of September 30.
(c) Final Invoice.The final invoice must be submitted no later than 45 days after the
Completion Date;provided,however,that when the Completion Date corresponds with
the end of the District's fiscal year(September 30),the final invoice must be submitted
no later than 30 days after the Completion Date.Final invoices that are submitted after
the requisite date shall be subject to a penalty of 10%of the invoice.This penalty
may be waived by the District,in its sole judgment and discretion,upon a showing
of special circumstances that prevent the timely submittal of the final invoice.
Recipient must request approval for delayed submittal of the final invoice not later
than ten days prior to the due date and state the basis for the delay.
(d) All invoices shall include the following information:(1)District contract number;(2)
Recipient's name and address(include remit address,if necessary);(3)Recipient's
invoice number and date of invoice;(4)District Project Manager;(5)Recipient's Project
Manager;(6)supporting documentation as to all costs that form the basis for the invoice
and/or Project completion(as per the cost schedule and other requirements of the
Statement of Work);in addition,see Attachment B,"CONTRACT PAYMENT
REQUIREMENTS FOR STATE-FUNDED COST REIMBURSEMENT
CONTRACTS;"(7)Progress Report(if required);and(8)Diversity Report(if otherwise
required herein). Invoices that do not correspond with this paragraph shall be returned
without action within 20 business days of receipt,stating the basis for rejection.
Payments shall be made within 45 days of receipt of an approved invoice.
(e) Travel expenses.If the cost schedule for this Agreement includes a line item for travel
expenses,travel expenses shall be drawn from the project budget and are not otherwise
compensable.If travel expenses are not included in the cost schedule,they are a cost of
providing the service that is borne by Recipient and are only compensable when
specifically approved by the District as an authorized District traveler.In such instance,
travel expenses must be submitted on District or State of Florida travel forms and shall be
paid pursuant to District Administrative Directive 2000-02.
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(f) Payments withheld.The District may withhold or,on account of subsequently
discovered evidence,nullify,in whole or in part,any payment to such an extent as may
be necessary to protect the District from loss as a result of:(1)defective work not
remedied;(2)failure to maintain adequate progress in the Project;(3)any other material
breach of this Agreement.Amounts withheld shall not be considered due and shall not be
paid until the ground(s)for withholding payment have been remedied.
6. LIABILITY AND INSURANCE.Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party,its officers,employees and
agents.Recipient accepts all risks arising from construction or operation of the Project. Nothing
contained herein shall be construed or interpreted as denying to any party any remedy'or defense
available under the laws of the state of Florida,nor as a waiver of sovereign immunity of the state of
Florida beyond the waiver provided for in section 768.28,Fla.Stat.,as amended.Each party shall
acquire and maintain throughout the term of this Agreement such liability,workers'compensation,
and automobile insurance as required by their current rules and regulations.
7. FUNDING CONTINGENCY.This Agreement is at all times contingent upon funding
availability,which may include a single source or multiple sources,including,but not limited to:
(1)ad valorem tax revenues appropriated by the District's Governing Board;(2)annual
appropriations by the Florida Legislature,or(3)appropriations from other agencies or funding
sources.Agreements that extend for a period of more than one Fiscal Year are subject to annual
appropriation of funds in the sole discretion and judgment of the District's Governing Board for
each succeeding Fiscal Year. Should the Project not be funded,in whole or in part,in the current
Fiscal Year or succeeding Fiscal Years,the District shall so notify Recipient and this Agreement
shall be deemed terminated for convenience five days after receipt of such notice,or within such
additional time as the District may allow. For the purpose of this Agreement,"Fiscal Year"is
defined as the period beginning on October 1 and ending on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and
management of the Project.Either party may change its Project Manager upon three
business days prior written notice to the other party.Written notice of change of address
shall be provided within five business days.All notices shall be in writing to the Project
Managers at the addresses below and shall be sent by one of the following methods:(1)
hand delivery;(2)U.S.certified mail;(3)national overnight courier;(4)e-mail or,(5)
fax.Notices via certified mail are deemed delivered upon receipt.Notices via overnight
courier are deemed delivered one business day after having been deposited with the
courier.Notices via e-mail or fax are deemed delivered on the date transmitted and
received.
DISTRICT RECIPIENT
Jim Gross,Project Manager William Marcous,Project Manager
St.Johns River Water Management District City of Sanford
4049 Reid Street P.O.Box 1788
Palatka,Florida 32177 Sanford,Florida 32772-1788
(386)312-2344 (407)688-5105
E-mail: iaross @sjrwmd.com E-mail:
WILLIAM.MARCOUS(cr�,Sanfordfl.gov
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information,and communicating District policies and decisions regarding all
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matters pertinent to performance of the Project. The District's Project Manager may
issue a District Supplemental Instruction(DSI)form,Attachment C,to authorize minor
changes in the Project that the parties agree are not inconsistent with the purpose of the
Project,do not affect the District cost-share or Completion Date,or otherwise
significantly modify the terms of the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the District Project update/status reports as
provided in the Statement of Work. Reports will provide detail on progress of the Project
and outline any potential issues affecting completion or the overall schedule. Reports may
be submitted in any form agreed to by District's Project Manager and Recipient,and may
include emails,memos,and letters.
(b) Performance Monitoring.For as long as the Project is operational,the District shall have
the right to inspect the operation of the Project during normal business hours upon
reasonable prior notice. Recipient shall make available to the District any data that is
requested pertaining to performance of the Project.
10. FAILURE TO COMPLETE PROJECT.
(a) Should Recipient fail to complete the Project,Recipient shall refund to the District all of
the funds provided to Recipient pursuant to this Agreement.However,the District,in its
sole judgment and discretion,may determine that Recipient has failed to complete the
Project due to circumstances that are beyond Recipient's control,or due to a good faith
determination that the Project is no longer environmentally or economically feasible.In
such event,the District may excuse Recipient from the obligation to return funds
provided hereunder.If the Project has not been completed within 30 days after the
Completion Date,Recipient shall provide the District with notice regarding its intention
as to completion of the Project.The parties shall discuss the status of the Project and may
mutually agree to revise the Completion Date or the scope of the Project.Failure to
complete the Project within 90 days after the Completion Date shall be deemed to
constitute failure to complete the Project for the purposes of this provision.
(b) hi the event the Project constitutes a portion of the total functional project,this paragraph
shall apply in the event the total functional project is not completed.In such event,the
90-day timeframe provided herein shall commence upon the date scheduled for
completion of the total functional project at the time of execution of this Agreement,
unless extended by mutual agreement of the parties.
(c) This paragraph shall survive the termination or expiration of this Agreement.
11. TERMINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement,including any specific milestones established herein,the District shall provide
Recipient written notice of the deficiency by forwarding a Notice to Cure,citing the specific
nature of the breach. Recipient shall have 30 days to cure the breach. If Recipient fails to
cure the breach within the 30 day period,the District shall issue a Termination for Default
Notice and this Agreement shall be terminated upon receipt of said notice. In such event,
Recipient shall refund to the District all funds provided to Recipient pursuant to this
Agreement within 30 days of such termination. The District may also terminate this
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Agreement upon ten days written notice in the event any of material misrepresentations in
the Project Proposal.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon 30 calendar days prior written notice to Recipient.Upon receipt of
notice,Recipient shall place no further orders for materials,equipment,services,or
facilities,for which reimbursement would otherwise be sought.Recipient shall also make
every reasonable effort to cancel,upon terms satisfactory to the District,all orders or
subcontracts related to the Project for which reimbursement would otherwise be sought.
In the event of such termination,Recipient shall be compensated for all work performed
pursuant to this Agreement prior to the effective date of termination.
ADDITIONAL PROVISIONS(Alphabetical)
12. ASSIGNMENT. Recipient shall not assign this Agreement,or any monies due hereunder,
without the District's prior written consent.Recipient is solely responsible for fulfilling all work
elements in any contracts awarded by Recipient and payment of all monies due.No provision of
this Agreement shall create a contractual relationship between the District and any of Recipient's
contractors or subcontractors.
13. AUDIT;ACCESS TO RECORDS;REPAYMENT OF FUNDS.
(a) Maintenance of Records.Recipient shall maintain its books and records such that receipt
and expenditure of the funds provided hereunder are shown separately from other
expenditures in a format that can be easily reviewed.Recipient shall keep the records of
receipts and expenditures,copies of all reports submitted to the District,and copies of all
invoices and supporting documentation for at least five years after expiration of this
Agreement.In accordance with generally accepted governmental auditing standards,the
District shall have access to and the right to examine any directly pertinent books and other
records involving transactions related to this Agreement.In the event of an audit,Recipient
shall maintain all required records until the audit is completed and all questions are
resolved.Recipient will provide proper facilities for access to and inspection of all
required records.
(b) Repayment of Funds.District funding shall be subject to repayment after expiration of this
Agreement if,upon audit examination,the District finds any of the following:(1)Recipient
has spent funds for purposes other than as provided for herein;(2)Recipient has failed to
perform a continuing obligation of this Agreement;(3)Recipient has received duplicate
funds from the District for the same purpose;and/or(4)Recipient has received more than
100%contributions through cumulative public agency cost-share funding.
14. CIVIL RIGHTS. Pursuant to chapter 760,Fla.Stat.,Recipient shall not discriminate against any
employee or applicant for employment because of race,color,religion,sex,or national origin,
age,handicap,or marital status.
15. DISPUTE RESOLUTION.Recipient is under a duty to seek clarification and resolution of any
issue,discrepancy,or dispute involving performance of this Agreement by submitting a written
statement to the District's Project Manager no later than ten business days after the precipitating
event.If not resolved by the Project Manager,the Project Manager shall forward the request to
the District's Office of General Counsel,which shall issue a written decision within ten business
days of receipt.This determination shall constitute final action of the District and shall then be
subject to judicial review upon completion of the Project.
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16. DIVERSITY REPORTING.The District is committed to the opportunity for diversity in the
performance of all cost-sharing agreements,and encourages Recipient to make a good faith effort
to ensure that women and minority-owned business enterprises(W/MBE)are given the
opportunity for maximum participation as contractors.The District will assist Recipient by
sharing information on W/MBEs.Recipient shall provide with each invoice a report describing:
(1)the company names for all W/MBEs;(2)the type of minority,and(3)the amounts spent with
each during the invoicing period.The report will also denote if there were no W/MBE
expenditures.
17. FLORIDA SINGLE AUDIT ACT
(a) Applicability.The Florida Single Audit Act(FSAA),section 215.97,Fla. Stat.,applies
to all sub-recipients of state financial assistance,as defined in section 215.97(1)(q),Fla.
Stat.,awarded by the District through a project or program that is funded,in whole or in
part,through state financial assistance to the District.In the event Recipient expends a
total amount of state financial assistance equal to or in excess of$500,000 in any fiscal
year of such Recipient,Recipient must have a state single or project-specific audit for
such fiscal year in accordance with section 215.97,Fla.Stat.;applicable rules of the
Department of Financial Services;and Chapters 10.550(local governmental entities)or
10.650(nonprofit and for-profit organizations),Rules of the Auditor General.In
determining the state financial assistance expended in its fiscal year,Recipient shall
consider all sources of state fmancial assistance,including state financial assistance
received from the District,other state agencies,and other non-state entities.State
financial assistance does not include Federal direct or pass-through awards and resources
received by a non-state entity for Federal program matching requirements.Recipient is
solely responsible for complying with the FSAA.
If Recipient expends less than$500,000 in state financial assistance in its fiscal year,an
audit conducted in accordance with the provisions of section 215.97,Fla.Stat.,is not
required.In such event,should Recipient elect to have an audit conducted in accordance
with section 215.97,Fla.Stat.,the cost of the audit must be paid from the non-state
entity's resources(i.e.,Recipient's resources obtained from other than State entities).
(b) Program Information This Agreement involves the disbursement of state funding by
Legislative Appropriation in the amount of$235,000.Funding is provided under the State
of Florida Statewide Surface Water Restoration and Wastewater Projects.The Florida
Catalog of Financial Assistance(CSFA)number for this program is CFSA No.37.039.
The District is not providing a funding match.
(c) Additional Information.For information regarding the state program under the above
CSFA number,Recipient should access the Florida Single Audit Act website located at
https://apps.fldfs.com/fsaa/catalog.aspx for assistance.The following websites may be
accessed for additional information:Legislature's Website at http://www.leg.state.fl.us/,
State of Florida's website at http://myflorida.com,District of Financial Services'Website
at http://www.fldfs.com/and the Auditor General's Website at
http://www.myflorida.com/audgen/.
(d) Allowable Costs.Recipient may only charge allowable costs to this Agreement,as
otherwise provided herein.Any balance of unobligated cash that have been advanced or
paid that is not authorized to be retained for direct program costs in a subsequent period
must be returned to the District.
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(e) Audit Requirements.Recipient shall ensure that the audit complies with the
requirements of section 215.97(7),Fla.Stat.This includes submission of a financial
reporting package as defined by section 215.97(2),Fla.Stat.,and Chapters 10.550(local
governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the
Auditor General.Recipient shall comply with the program requirements described in the
Florida Catalog of State Financial Assistance(CSFA)
[https://apps.fldfs.com/fsaa/catalog.aspx].The services/purposes for which the funds are
to be used are included in the Statement of Work.
(f) Financial Reporting.Recipient shall provide the District with a copy of any reports,
management letters,or other information required to be submitted in accordance with
Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit
organizations),Rules of the Auditor General,as applicable,no more than 20 days after its
preparation.Recipient shall indicate the date the reporting package was delivered to
Recipient in correspondence accompanying the reporting package.This information shall
be directed to:St.Johns River Water Management District,Mr.Greg Rockwell,Finance
Director,Office of Financial Services,4049 Reid Street,Palatka,FL 32177.A copy of
the report shall also be provided to the Auditor General's Office at the following address:
State of Florida Auditor General,Room 401,Claude Pepper Building, 111 West Madison
Street,Tallahassee,Florida 32399-1450.
(g) Monitoring.In addition to reviews of audits conducted in accordance with section
215.97,Fla. Stat.,as revised,monitoring procedures may include,but not be limited to,
on-site visits by District staff,limited scope audits,and/or other procedures.Recipient
agrees to comply and cooperate with any monitoring procedures/processes deemed
appropriate by the District.In the event the District determines that a limited scope audit
of Recipient is appropriate,Recipient agrees to comply with any additional instructions
provided by the District to Recipient regarding such audit.Recipient agrees to comply
and cooperate with any inspections,reviews,investigations,or audits deemed necessary
by the District's Inspector General or the state Chief Financial Officer or Auditor
General.
(h) Examination of Records.In addition to the District's audit rights otherwise provided for
herein,Recipient shall permit the District or its designated agent,the state awarding
agency,the Department of Financial Services,the state's Chief Financial Officer and the
state's Auditor General to examine Recipient's financial and non-financial records to the
extent necessary to monitor Recipient's use of state financial assistance and to determine
whether timely and appropriate corrective actions have been taken with respect to audit
findings and recommendations,which may include onsite visits and limited scope audits.
(i) Records Retention.Notwithstanding any other provision of this Agreement to the
contrary,Recipient shall retain sufficient records demonstrating its compliance with the
terms of this Agreement for a period of five years from the date the audit report is issued,
and shall allow the District,or its designee,state Chief Financial Officer,or Auditor
General access to such records upon request.Recipient shall ensure that audit working
papers are made available for such access for a period of three years from the date the
audit report is issued,unless extended in writing by the District.
18. GOVERNING LAW,VENUE,ATTORNEY'S FEES,WAIVER OF RIGHT TO JURY
TRIAL.This Agreement shall be construed according to the laws of Florida and shall not be
construed more strictly against one party than against the other because it may have been drafted
by one of the parties.As used herein,"shall"is always mandatory.In the event of any legal
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proceedings arising from or related to this Agreement:(1)venue for any state or federal legal
proceedings shall be in Orange County;(2)each party shall bear its own attorney's fees,
including appeals;(3)for civil proceedings,the parties hereby consent to trial by the court and
waive the right to jury trial.
19. INDEPENDENT ENTITIES.The parties to this Agreement,their employees and agents,are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities during and after
the term of this Agreement.Recipient is not a contractor of the District.The District is providing
cost-share funding as a cooperating governmental entity to assist Recipient in accomplishing the
Project. Recipient is solely responsible for accomplishing the Project and directs the means and
methods by which the Project is accomplished. Recipient is solely responsible for compliance
with all labor and tax laws pertaining to Recipient,its officers,agents,and employees.
20. INTEREST OF RECIPIENT.Recipient certifies that no officer,agent,or employee of the
District has any material interest,as defined in chapter 112,Fla.Stat.,either directly or indirectly,
in the business of Recipient to be conducted hereby,and that no such person shall have any such
interest at any time during the term of this Agreement.
21. NON-LOBBYING.Pursuant to section 216.347,Fla.Stat.,as amended,Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
22. PERMITS.Recipient shall comply with all applicable federal,state and local laws and
regulations in implementing the Project and shall include this requirement in all subcontracts
pertaining to the Project.Recipient shall obtain any and all governmental permits necessary to
implement the Project.Any activity not properly permitted prior to implementation or completed
without proper permits does not comply with this Agreement and shall not be approved for cost-
share funding. Nothing herein shall be construed as a waiver of,or contract with respect to,the
regulatory authority of the District.
23. PUBLIC ENTITY CRIME.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 s.287.017 for CATEGORY TWO($35,000)for a period of 36
months followingthe date of being placed on the convicted vendor list.
24. PUBLIC RECORDS.Records of Recipient that are made or received in the course of
performance of the Project may be public records that are subject to the requirements of chapter
119,Fla.Stat.If Recipient receives a public records request,Recipient shall promptly notify the
District's Project Manager.Each party reserves the right to cancel this Agreement for refusal by
the other party to allow public access to all documents,papers,letters,or other material related
hereto and subject to the provisions of chapter 119,Fla. Stat.,as amended.
25. ROYALTIES AND PATENTS.Recipient certifies that the Project does not,to the best of its
information and belief,infringe on any patent rights.Recipient shall pay all royalties and patent
and license fees necessary for performance of the Project and shall defend all suits or claims for
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infringement of any patent rights and save and hold the District harmless from loss to the extent
allowed by Florida law.
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,and
Recipient 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.
This Agreement may be executed in separate counterparts,which shall not affect its validity.Upon
execution,this Agreement constitutes the entire agreement of the parties,notwithstanding any
stipulations,representations,agreements,or promises,oral or otherwise,not printed or inserted herein.
This Agreement cannot be changed by any means other than written amendments referencing this
Agreement and signed by all parties.
ST.JOHNS RIVER WATER CITY OF SANFORD
MANAGEMENT DI RICT
By: By: 1'1sr:
Hans G.Tanzle it , ecutive Directo k Jeff Triplett,M: ,`''
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Date: Y�gat Date: . -- a
APPROVED BY THE OFFICE Attest: L GiZA
OF GE RAL COUNSEL Cynthia Porter,City Clerk
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St ley J.Niego,Sr.Assistant General Counsel '
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ATTACHMENTS ,ilf
Attachment A-Statement of Work �I�-"
Attachment B-Contract Payment Requirements for State-Funded Cost Reimbursement Contracts
Attachment C-District Supplemental Instruction Form
Cost-share:2013 Initiative
Last updated:7-17-13
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Contract#27652
ATTACHMENT A—STATEMENT OF WORK
CITY OF SANFORD AND VOLUSIA COUNTY
RECLAIMED WATER INTERCONNECT PROJECT
L INTRODUCTIONBACKGROUND
The St.Johns River Water Management District(District)created the Cooperative Cost Share Initiative
Program("Program")in FY 2013 as a cost share program to develop and implement resource and water
supply development projects and promote conservation. The City of Sanford("Sanford")has requested
and been selected as a participant in the Program.
On July 9,2013,the District's Governing Board approved funding for a reclaimed water interconnect
project between the City of Sanford with Volusia County("Volusia"),approving a total project
expenditure of$1,376,000 toward the total estimated construction cost of$3,440,000. Sanford's portion
of the total estimated construction cost is$587,500. Volusia's portion is$2,852,500. The Springs
Protection Initiative,the Central Florida Water Initiative and the Minimum Flows and Levels Prevention
and Recovery Strategy Initiative are supported by this project. Because this is a joint project between
Sanford and Volusia,and completion of both phases is necessary to have a functional project,both
Sanford and Volusia are contracting separately with the District as Recipients under the Program.
II. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable Sanford and Volusia to
construct an interconnect between Sanford's reclaimed water distribution systems and Volusia County.
The quantity of water that will be made available from this project is 1.5 mgd.The proposed interconnect
consists of 1600 linear feet(LF)of 20-inch diameter ductile iron pipe,horizontal direction drill of 1000
LF of 24-inch diameter high density polyethylene pipe under the St.Johns River,and 13,000 LF of 18-
inch diameter pipe to connect to the existing Volusia County reclaimed water system. This will allow
Volusia to expand the availability of reclaimed water to residents in the southern portion of their
Southwest Service area in DeBary. Ultimately,this will reduce the overall use of potable water for
irrigation.
III. SCOPE OF WORK
Sanford and Volusia are designing,permitting,and constructing a project that expands the availability of
reclaimed water for irrigation use. The project includes:
South Portion: Construction of a 20-inch diameter reclaimed water transmission line connecting the
Sanford North Water Reclamation Facility,south side of the St.Johns River(SJR)to the US 17-92
bridge,and 24-inch diameter transmission line horizontally drilled under SJR to Lake Monroe Park in
Volusia County-the Point of Connection(POC). Design is complete on this Phase.
North Portion: Construct an 18-inch diameter reclaimed water transmission line from the POC north to
existing residential subdivisions with dry line dual distribution systems in place located along South Shell
Road.
The Recipient shall ensure the tasks in the Task Identification section of the Statement of Work are
completed.
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Contract#27652
W. TASK IDENTIFICATION
Sanford shall be the lead Recipient for the South Portion task. Sanford and Volusia will equally
share the responsibility for performing the following overall task:
South Portion-Design,permitting,and construction of a 20-inch diameter reclaimed water and surface
water augmentation transmission line from the south side(Seminole County side)of the St.Johns River at
US 17-92 bridge to Lake Monroe Park on the north side(Volusia County Side)of the St.Johns River
(Point of Connection);
Components of the overall task to be performed by Sanford are as follows:
• Complete and obtain final project design,construction plans,and specifications;
• Provide copies of executed construction contract documents to the District's Project Manager;
• Provide copies of any subsequent change orders to the contracts to the District's Project Manager;
• Obtain all required permits related to project construction and subsequent operation and
maintenance of the completed work, including the right of access to the project sites;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project construction;
• Perform supervision and inspection of construction;
• Perform construction contract administration;
• Submit timely invoices for actual construction costs in accordance with this cost share agreement
(i.e.quarterly,with appropriate substantiation)to enable proper review by the District's Project
Manager prior to payment authorization;
• Provide progress reports to the District's Project Manager identifying project progress to date,
key milestones reached,overall project schedule versus time for project completion,key issues to
be resolved,project time and projected costs versus actual cost to date;
• Provide certification of construction phase completion by a Professional Engineer registered in
the state of Florida;
• Assure compliance with cost accounting practices and procedures required for reimbursement of
cost share funds expended.
Volusia shall be the lead Recipient responsible for performing the North Portion task. Sanford
does not share in the responsibility for performance of the North Portion task.
North Portion-Design,permitting,and construction of a 16-inch to 20-inch diameter reclaimed water
and surface water augmentation transmission line from the Point of Connection north to existing
residential subdivisions with dry line dual distribution systems in place located along South Shell Road
Components of the overall task to be performed by Volusia are as follows:
• Complete and obtain final project design,construction plans,and specifications;
• Provide copies of executed construction contract documents to the District's Project Manager;
• Provide copies of any subsequent change orders to the contracts to the District's Project Manager;
• Obtain all required permits related to project construction and subsequent operation and
maintenance of the completed work, including the right of access to the project sites;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project construction;
• Perform supervision and inspection of construction;
• Perform construction contract administration;
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Contract#27652
• Submit timely invoices for actual construction costs in accordance with this cost share agreement
(i.e.quarterly,with appropriate substantiation)to enable proper review by the District's Project
Manager prior to payment authorization. Volusia invoices may be submitted directly to the
District,or Recipients may elect for Volusia to transmit invoices to Sanford,which in turn will
transmit invoices for Sanford and Volusia to the District. Payment shall be made directly to
Sanford,which shall transfer Volusia's District-approved cost reimbursement to Volusia.
• Provide progress reports to the District's Project Manager identifying project progress to date,
key milestones reached,overall project schedule versus time for project completion,key issues to
be resolved,project time and projected costs versus actual cost to date;
• Provide certification of construction phase completion by a Professional Engineer registered in
the state of Florida;
• Assure compliance with cost accounting practices and procedures required for reimbursement of
cost share funds expended.
V. TIME FRAMES AND DELIVERABLES
All work shall be completed by September 30,2014,in accordance with tasks described above and
generally consistent with the work outlined in this Statement of Work.
Recipient shall submit quarterly status reports to the District's Project Manager detailing the progress of
each component for which Recipient is responsible. The projected schedule for the project design and
construction is as follows:
South Portion: Design: Complete
Construction: January 2014—September 2014
North Portion: Design: June 2013—January 2014
Construction: January 2014—September 2014
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the Project,the District shall pay each Recipient 40%of its share of the
total construction cost of the Project. Sanford's reimbursement shall not exceed$235,000 and Volusia's
reimbursement shall not exceed$1,141,000,provided,however,that the District may increase the
numerical reimbursement limit for a specific portion of the Project if there is a corresponding reduction in
construction cost for a different portion of the Project. In no event shall the District's total cost-share for
the entire project(North and South Portions)exceed$1,376,000. Recipients shall invoice the District
quarterly and include a progress report covering the time-period of the invoice for Recipient's component
of the Project. The invoices shall include a copy of the contractor's invoices submitted to Recipient,
proof of payment by Recipient,and other required supporting documentation. If the total construction cost
of this project is less than originally estimated,the District's cost-share amount shall be reduced
accordingly.
Total District
. District District = Cost-share
Total Project Cost to Sanford to Volusia 40%
South Portion— Each 50% $1,175,000 $235,000 $235,000 $470,000
North Portion-Volusia 100% $2,265,000 $0 $906,000 $906,000
$3,440,000 $235,000 $1,141,000 $1,376,000
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Contract#27652
ATTACHMENT B-CONTRACT PAYMENT REQUIREMENTS FOR
STATE-FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state-funded cost reimbursement contracts must be supported by an itemized listing of
expenditures by category(salary,travel,expenses, etc.). Supporting documentation must be provided for
each amount for which reimbursement is being claimed, indicating that the item has been paid. Check
numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall clearly
reflect the dates of service. Only expenditures for categories in the approved contract budget will be
reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by cost
category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges,
fringe benefits, other deductions, and net pay. If an individual is paid by the
hour,a document reflecting the hours worked times the rate of pay is acceptable.
Fringe Benefits: Fringe benefits should be supported by invoices showing the amount paid on
behalf of the employee (e.g., insurance premiums paid). If the contract
specifically states that fringe benefits will be based on a specified percentage,
rather than the actual cost of fringe benefits, then the calculation for the fringe
benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
Travel: Reimbursement for travel must be in accordance with section 112.061, Florida
Statutes,which includes submission of the claim on the approved State of Florida
(State)or District travel voucher.
Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated.Documentation
must be provided to show compliance with Department of Management Services
Rule 60A-1.017, Florida Administrative Code, regarding the requirements for
contracts which include services and that provide for the contractor to purchase
tangible personal property as defined in section 273.02, Florida Statutes, for
subsequent transfer to the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.)may be
reimbursed on a usage log which shows the units times the rate being charged.
The rates must be reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate,
then the calculation should be shown.
The"Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services
can be found at this web address: http://www.fldfs.com/aadir/reference guide.htm
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Contract#27652
ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO:
FROM: ,Project Manager
CONTRACT/PURCHASE ORDER NUMBER:
CONTRACT TITLE:
The Work shall be carried out in accordance with the following supplemental instruction issued in accordance
with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in
accordance with these instructions, indicate your acceptance of these instructions for minor changes to the
work as consistent with the Contract Documents and return to the District's Project Manager.
1. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval:(choose one of the items below):
Approved: Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved: Date:
(Contractor agrees to implement the Supplemental Instructions as requested,but reserves the right to seek
a Change Order in accordance with the requirements of the Agreement.)
Approved: Date:
,District Project Manager
Acknowledged: Date:
,District Contracts Administrator
cc: Contract/Purchasing file
Financial Management
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