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718-St Johns River-# 98H265 Henry Dean, Executive Director John R. Wehle, Assistant Executive Director TELEPHONE 904-329-4500 SUNCOM 904-860-4500 TDD 904-329-4450 TDD SUNCOM 860-4450 WATER F~ (Ex~u6ve) 3294125 (Legal) 329-4485 (Permiffing) 329-4315 (Adminlslrello~Finance) 3294508 MANABEMENT (P~,,,~,g and AcquisRion) 329-4848 DISTRICT sE.v,c; 6(8 E. Somh Sireel 7715 Baymeadows Way PERMITTING: OPERATIONS: Orla,~, F~rlds 32~01 Suile 102 305 East DRVe 2t33 N. WIc~sm Road 407-897~300 Jacksonville, Florida 32256 Melbourne, Floras 32904 Meffiourne. Fieida TOD 407-897-5960 904-730-6270 407-9~940 407-752~100 TDD 904-448-7900 TOO 407.722*5368 TDD 407-752-3102 CERTIFIED NO. Z 135 394 623 July 9, 1998 Mr. Bill Marcous City of Sanford Post Office Box 1788 Sanford, FL 32772 Dear Mr. Marcous: Enclosed for your file is one fully executed original Agreement for A/ternative Water Supply Cost Sharing Program, Contract No. 98H265. If you have any questions concerning the above, please contact me at (904) 329-4196 or the above address. Thanking you in advance. Sincerely,. Debbie Hancock Contracts Administrator Office of Procurement DH/db Enclosure c: D. Brandes Dan Roach, CRAIRMAN Kathy Chinoy, VICE CRAIRNAN James T. Swann, TREASURER Otis Mason, SECRETARY FERNANDINA BEACH PONTE VEDRA COCOA ST. AUGUSTINE William M. Segal Griffin A. Greene James H. Willtams Patrici8 T. Harden Reid Hughes MAlTLAND VERO BEACH OCALA SANFORD DAYTONA BEACH Contract ~98H265 City of Sanford BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CITY OF SANFORD PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract #98H265 RECIPIENT: City of Sanford Post Office Box 1788 Sanford, FL 32772 RECIPIENT ADMINISTRATOR: Bill Marcous DISTRICT CONTRIBUTION: $58,000 RECIPIENT CONTRIBUTION: $58,000 AGREEMENT PERIOD: June i0, 1998 through June 9, 1999 Purpose of Agreement: This cost share agreement is authorized by the St. Johns River Water Management District ("DISTRICT") from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. Scope of Project: RECIPIENT will commence work within fifteen (15) days after approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Alternative Water Supply Cost Share Program Contract Outline," and Exhibit "B", "Project Specifications," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for mailing of the AGREEMENT, RECIPIENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper permits will not be considered in compliance with this AGREEMENT, and will not constitute as work performed under this AGREEMENT. RECIPIENT acknowledges understanding that any work not prope~y permitted prior to implementation will not be approved for invoicing to the DISTRICT, and that RECIPIENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized construction. Contract ~98H265 City of Sanford 3. Legislative Requirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The RECIPIENT must provide DISTRICT with written assurance of its continued qualification under these requirements with submittal of invoice or forfeit funding. Details concerning these requirements appear in Subsections 373.1961 (2)(b) and (c), F.S. 4. Status Report: RECIPIENT shall submit a brief final project report summarizing the project to DISTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. 5. Records: RECIPIENT shall maintain its books and records in such a manner that the receipts and expenditures of the cost share funds will be shown separately from other expenditures in an easily checked fonn. RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the Agreement period. In accordance with generally accepted governmental auditing standards, DISTRICT shall have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this Agreement. 6. Liability and Insurance: Each party to the Agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed or intexpreted as denying to any party any remedy or defense available to such parties 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. Each party shall acquire and maintain throughout the term of this Agreement such liability and automobile insurance as required by their current roles and regulations. 7. Payment of Funds: Approved funds shall be paid to RECIPIENT by DISTRICT in one (1) payment following completion of project. Payment will be made following submission and approval of final invoice, including proper documentation, from RECIPIENT and verification of satisfactory completion of project by DISTRICT's Project Manager, Don Brandes. Invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project complying with local and state building requirements, including verification of permits needed. Once all required documentation is received, and determined to be complete and correct, by DISTRICT Project Manager and the Division of Financial Management, the DISTRICT will remit an amount not to exceed $58,000 (50% reimbursement of identifiable costs) to RECIPIENT within thirty (30) days. The DISTRICT may, at its own discretion, make payment directly to contractors or vendors who have provided services or materials for construction of the project. Any inquiries shall be submitted to the Director, Office of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursements due and unpaid under this Agreement shall not bear interest. The provisions in this Paragraph relating to payment of funds shall supercede any other contract provision or atachments contained in this contract. Contract ~98H265 City of Sanford 8. Repayment of Funds: Funds shall be subject to repayment by the RECIPIENT after expiration of the Agreement term if, upon a post-project audit examination, DISTRICT finds RECIPIENT has spent funds for purposes other than those specified in Exhibits "A" and "B". 9. Termination of Agreement: This Agreement may be fully or partially terminated upon ten (10) days written notice to RECIPIENT. 10. Non-lobbying: Pursuant to Section 216.347, Fla. Slat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 11. Governing Law: This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attomey's fees and costs. This Agreement is entered into on 3 ck~ '~ , 1998, by the Executive Director of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and City of Sanford, whose address is Post Office Box 1788, Sanford, Florida, 32772. ST. JOHNS RIVER WATER CITY OF SANFORD MANAGEMENT DISTRICT William A. Simmons - City Manager Typed Name and Title Attest: Attest: ~/~ - ~ Janet R. Dougherty - City Clerk Typed Name and Title (S.E~AL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W. Wall Jams, D~puty General Counsel ' r Water Management District Contract #98H265 City of Sanford EXHIBIT A CITY OF SANFORD ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING 98010 I. BACKGROUND St. lohns River Water Management District (SIRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Seminole County in which the CITY OF SANFORD is located. SJRWMD has been working to find alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes, SJRWMD makes Alternative Water Supply Matching Gram Program available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users; and other public and private water users. CITY OF SANFORD desires to design and construct an extension of its reclaimed water line to serve Seminole Community College. This project will allow greater use of reclaimed water and replace an estimated 10.2 million gallons per year of ground water withdrawal. The project will also reduce effluent discharge to Lake Monroe, a portion of the St. Johns River. II. OBJECTIVE The obiective of this agreement is to provide for cost sharing with CITY OF SANFORD to partially finance the construction of a reclaimed water transmission line. This agreement specifies both the responsibilities of CITY OF SANFORD with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. Eli. RESPONSIBILITIES CITY OF SANFORD and SJRWMD, respectively, shall each be responsible for performing the following assigned tasks pertaining to the construction of the reclaimed water transmission line as defined in Exhibit B. Contract #98H265 City of Sanford A. Responsibilities of City of Sanford CITY OF SANFORD shall undertake to complete the following: 1. Complete construction of the reclaimed water transmission line according to the specifications provided in Exhibit B and subsequent attachment. 2. Provide funds to pay at least 50 percent of the project construction costs from non-SJRWMD funds. 3. Submit an invoice with original receipts for the specified construction expenditures attached to the SIRWMD upon completion of construction. 4. Maintain compliance with all SIRWMD and other permitting regulations to which the project is subject. B. Responsibilities of the St. Johns River Water Management District SJRWMD shall provide the following support contributing to the completion of the project as defined in Exhibit B: 1. Inspect the project to verify that it as been constructed in accordance with the plans included in this contract within 30 days of written notification by the grant recipient that the project has been completed. 2. Reimburse CITY OF SANFORD up to 50% of the project's construction costs, not to exceed $58,000, upon: a) notification of project completion, b) receipt of an invoice from the grant recipient c) receipt of original receipts or other verification of payment to project contractors and supplier, and d) verification that the project has been constructed in accordance with the provided plans. Contract #98H265 CITY OF SANFORD EXHIBIT B CITY OF SANFORD ALTERNATIVE WATER SUPPLY SYSTEM COST SHARING PROJECT SPECIFICATIONS 98010 I. PROJECT SPECIFICATIONS The project shall consist of the installation of 2,600 feet of 6" reclaimed water line connecting the Anthony Drive 14" reclaimed water line to Seminole community College and looplug back to the 14" line. The project includes all appurtenance, services to cross 24 driveways and 6 streets, and resodding the pipeline route. Detailed specifications for the project, the project schedule and the project budget, as provided by the applicant, shall be considered to be part of this contract by reference hereto. II. PROJECT CONSTRUCTION AND COST SHARING PAYMENT SCHEDULE A. Construction of this project shall commence on or about June 10, 1998. No cost sharing payment shall be made by SJRWMD for any work or materials billed prior to that date. B. Construction of this project shall be completed and CITY OF SANFORD shall request payment from SJRWMD of cost sharing funds, no later than two months after completion of the project, but prior to end of contract period unless otherwise amended.