HomeMy Public PortalAbout09-7424 Florida Waste Management District Sponsored by: City Manager
RESOLUTION NO. 0 9-7 4 2 4
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, ACCEPTING AN
AWARD OF GRANTS FUNDS FROM THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
IN AN AMOUNT UP TO FIFTY THOUSAND ($50,000) AND
AUTHORIZING THE CITY MANAGER TO ENTER INTO
AND EXECUTE AN AGREEMENT WITH THE SOUTH
FLORIDA WATER MANAGEMENT DISTRICT (SFWMD)
FOR ACCEPTANCE OF GRANT AWARD
WHEREAS, the City of Opa-locka ("City") has been awarded grant funds of up to Fifty
Thousand Dollars ($50,000.00) from South Florida Management District (SFWMD) to support a
Water Savings Incentive Program (WSIP) for the installation of Automatic Hydrant Flushing
Devices within the City; and
WHEREAS, acceptance of the grant award will allow the City to purchase and install up
to fifty (50) water saving devices to save valuable potable water that is loss during manual
flushing of its water distribution system; and
WHEREAS, the City Commission of the City of Opa-locka (`City Commission") desires to
accept the matching grant funds from the South Florida Water Management District's Water WSIP
Funding Program; and
WHEREAS, the City Commission desires to authorize the City Manager to enter into a
Cooperative Funding Agreement with the SFWMD for acceptance of the grant funds.
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISION OF
THE CITY OF OPA-LOCKA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 09—7 4 2 4
Section 2. The City Commission of the City of Opa-locka hereby accepts the grant
award from the South Florida Water Management District (SFWMD) in the amount up to Fifty
Thousand Dollars ($50,000) and further authorizes the City Manager to enter into and execute
the Cooperative Funding Agreement with the South Florida Water Management District
(SFWMD) for acceptance of said grant award, in substantially the form attached hereto, together
with such non-material changes as may approved by the City Attorney.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 1 1 day of FEBRUARY , 2009.
• PH L. 1LLEY
MAYOR
Attest: Approved as to form and legal sufficienc :
Debora l S. Irby Burnadette Norris-Weeks
City Cler City Attorney
Moved by: ,TOHNSQN
Seconded by: Tim-,MFs
Commission Vote: 4-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: NOT PRESENT
Mayor Kelley: YES
" THE GREAT CITY "
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Memorandum
To: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Rose Tydus
Commissioner Dorothy "Dottie"Johnson
From: Bry. F.
ager
Date: January 26, 2009
Re: Automatic Hydrant Flushers
Request:
Staff is requesting that City Commission of the City of Opa-locka accepts an award up to
Fifty Thousand Dollars ($50,000) from the South Florida Water Management District and
enter into an agreement to install Automatic Hydrant Flushing Devices. This award
requires a Fifty percent (50%) match from the City.
Description:
Currently the City of Opa-locka conducts flushing of its water system for removal of
chlorine residue, taste and odor once a month. This process is performed by manually
opening fire hydrants which in addition to the water spilled results in overtime hours as
this work is typically performed at night. This new technology will save valuable potable
water, save costs, decrease the manpower needed for this activity while increasing overall
consumer satisfaction. This matching grant will enable the purchase and installation of up
to 50 flushers. With the 50 hydrant locations targeted, the project is expected to yield
potential savings of up to 8.4 millions gallons per year(MGY)
Financial Impact:
As outlined earlier, this is a matching grant which requires a contribution from the City of
up to Fifty Thousand Dollars ($50,000). However, since the use of Automatic Hydrant
Flushing Devices is anticipated to save the City of Opa-locka approximately 8.4 MGY or
nearly$ 15,036 annually, this investment will pay for itself in less than 4 years.
CITY HALL• 780 FISHERMAN STREET,4TH FLOOR, OPA-LOCKA, FLORIDA 33054 • (305)688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
Automatic Hydrant Rushers
Page Two
January 26, 2009
Recommendations:
Staff recommends that the City Commission authorize the City Manager to accept said
award and enter into the attached agreement between the City of Opa-locka and South
Florida Water Management.
Attachments
END OF MEMORANDUM
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Overnight Delivery
7911 7607 1611
October 29, 2008
Mr. Thony Fernand
City of Opa-Locka
12950 Lejeune Road
Opa-Locka, FL 33054
Dear Mr. Fernand:
Subject: Contract#4600001563
Automatic Hydrant Flushing
Please find enclosed two (2) copies of the subject document. Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the contract
monetary limits.
Please return both copies to my attention, along with, if applicable and not previously
submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the
documents, a fully signed document will be returned to you upon execution by the South
Florida Water Management District (District). Note that this document is not binding on
the parties until it is approved by the appropriate level of authority within the District and
executed by both parties.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
Sincerely,
' rman 4 ' '
G� Contract Compliance Specialist 4
Procurement Department ,:..-a
shrose @sfwmd.gov
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(561) 682-2167
FAX: (561) 682-5624
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3301 Gun Club Road,West Palm Beach,Florida 33406 • (561)686-8800 • FL WATS 1-800-432-2045 m
Mailing Address: P.O.Box 24680,West Palm Beach,FL 33416-4680 • wwwsfwmd.gov
ORIGINAL
FY 2009
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WATER SAVINGS INCENTIVE PROGRAM
v; COOPERATIVE FUNDING AGREEMENT
Recipient: Agreement Number.. 4600001563
City of Opa-locka
Governing Board Approval Date: August 14,2008
Recipient's Project Manager:
Thony Fernand District Funding Amount $50,0:00.00
Address: Contract Term October 1, 2008: September 30,2010
12950 Lejeune Road
Opa-locka FL 33054
Telephone: (305) 953-2828
Fax: (305) 953-2870
SFWMD Project Manager: Debra Bennett
Telephone No: (561) 682-6331
Fax No: (561) 681-6264
SFWMD Contract Specialist:
Sharman Rose
Telephone: (561) 682-2167
Fax: (561) 682-5624
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach FL 33416-4680
Insurance: Not Applicable
Federal Employer Identification Number: 85-8012740151C-0
Project Title: Automatic Hydrant Flushing
Description: Purchase of 50 automatic flushing devices.
Agreement No.4600001563,Page 1 of 9
This Agreement is entered into between "the Parties," the South Florida Water Management
District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the
"Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by
all legal, financial, and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE 1 — PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform
all work items described in the "Statement of Work," attached hereto as Exhibit "A,"
hereinafter referred to as the "Project", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein:
Exhibit A Statement of Work
Exhibit B Summary of Tasks and Deliverables
Exhibit C Quarterly Progress Report Form
Exhibit D Final Summary Reporting Form
ARTICLE 2 — TERM OF THE AGREEMENT
2.1 This Agreement shall commence on October 1, 2008 and shall terminate on September 30,
2010. The sole reason for the term extending for one year beyond September 30, 2009 is to
allow time for the Recipient to complete the Assessment of Actual Versus Estimated Water
Savings Report and submit to the District as required for the final deliverable. All other
deliverables must be completed and submitted to the District for acceptance in accordance
with the schedule set forth in Exhibit `B". Failure to adhere to the Exhibit `B" schedule
will result in the Recipient not being reimbursed as described below in Article 3.1.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 — COMPENSATION / CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement, the
District will pay the Recipient the funding amount as specified on the first page of this
Agreement. Such amount is a not-to-exceed amount and therefore, no additional
consideration will be authorized. The Recipient shall provide at least fifty percent (50%)
of the total actual project cost or the percentage set forth in the Schedule of Deliverables,
Agreement No.4600001563,Page 2 of 9
with the exception of designated REDI communities. Payment will be made by the
District for work authorized and completed between October 1, 2008 and August 31,
2009. The District will not reimburse the Recipient for work that commences prior to the
start date of the Agreement or for work completed after August 31,2009.
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A." By providing funding hereunder, the District does not make any warranty,
guaranty, or any representation whatsoever regarding any of the work performed hereunder,
including but not limited to the adequacy or sufficiency of all or any part of work described
in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
design and permitting aspects of the Project. District funds will be used only for non-
capital costs for the purchase and installation activities described in Exhibit"A."
ARTICLE 4— FUNDING PAYMENTS AND REPORTING
4.1 The District will make payment to the Recipient upon completion and acceptance of the
deliverable(s) as described in the Summary Schedule of Tasks and Deliverables, attached
hereto as Exhibit `B". The Recipient shall provide certification that all work has been
completed in accordance with Exhibit "A" of this Agreement.
4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be
sent to the following address:
South Florida Water Management District
ATTN: Accounts Payable
3301 Gun Club Road—MS 6230
West Palm Beach, FL 33406
The Recipient shall not submit an invoice to any other address at the District. In order to
expedite the invoice review and approval process, the Recipient also shall submit a copy
of each invoice to the Project Manager along with the backup documentation necessary
(e.g., vendor invoices, in-kind contributions) for the Project Manager to be able to
ascertain clearly that each deliverable in the invoice has been completed.
4.3 The District will have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District that
payment for all goods and services will be made in a timely manner and that interest
payments are made on late payments. In accordance with Florida Statutes (F.S.), Section
218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that
conforms to all statutory requirements and all District requirements as set forth in the
Agreement for invoice submission. The time at which payment is due from the District
will be forty-five (45) days from receipt of a proper invoice and acceptance of services
and/or deliverables, based on compliance with the statutory requirements set forth in
Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the
Agreement.
Agreement No.4600001563,Page 3 of 9
Failure of the Recipient to follow the instructions set forth in the Agreement regarding a
proper invoice and acceptable services and/or deliverables may result in an unavoidable
delay in payment by the District. All payments due from the District for a proper invoice
and acceptable services and/or deliverables and not made within the time specified in this
section will bear interest from thirty (30) days after the due date at the rate of one percent
(1%) per month on the unpaid balance. The Recipient shall invoice the District for
payment of any accrued unpaid interest.
Any disputes regarding invoice payments, which cannot be resolved by the appropriate
department of the District, will be concluded by final written decision of the District
Leadership Team no later than sixty (60) days after the date on which the District received
the proper invoice.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed
schedule of the Project. The Recipient shall provide to the District quarterly progress
reports summarizing a brief description of the current status of the Project, and the extent of
Project completion. Upon request by the District, the Recipient shall provide as supporting
documentation, all work products associated with the completion of the tasks designated in
the Work Breakdown Structure and Schedule of Deliverables in the Statement of Work,
Exhibit "A," attached to this Agreement. In no event, shall the District's total obligation
exceed the amount specified in Exhibit `B" for this cooperative agreement.
ARTICLE 5 — CONTRACT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the Project Manager for attempted resolution or action. The
Project Manager will be responsible for overall coordination and oversight relating to the
performance of this Agreement.
5.2 All notices, demands, or other communications regarding this Agreement, other than those
set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either party change its address, written notice of such new address shall promptly be
sent to the other party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number.
ARTICLE 6 —TERMINATION / REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Agreement.
Agreement No.4600001563,Page 4 of 9
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District will
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board will determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District will be entitled to recover
procurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District will determine that such termination is in
the best interest of the District. Any such termination will be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District will compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
will be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
ARTICLE 7 — RECORDS RETENTION
7.1 The Recipient shall maintain records and the District will have inspection and audit rights
as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection
for a period of five (5) years from completing performance and receiving final payment
under this Agreement.
B. Examination of Records. The District or its designated agent will have the right to
examine in accordance with generally accepted governmental auditing standards all
Agreement No.4600001563,Page 5 of 9
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the Recipient shall extend the period of maintenance for all records
relating to the Agreement until the final disposition of the legal dispute, and all such
records shall be made readily available to the District.
D. Periodic Audits. The District will perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 — STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable
federal, state, and local laws and regulations relating to the performance of this Agreement.
The District undertakes no duty to ensure such compliance, but will attempt to advise the
Recipient, upon request, as to any such laws of which it has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of
Florida for any claims, which are justifiable in federal court.
8.3 The Recipient shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient
assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden
of establishing such exemption, by way of injunctive or other relief as provided by law,
shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. A
delay in obtaining permits shall not give rise to a claim by the Recipient for additional
compensation. If the Recipient is unable to obtain all necessary permits in a timely manner,
either party may elect to terminate this Agreement, each party to bear its own costs,
notwithstanding other provisions of this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effect these assurances.
8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the
District's Suspension of Contracts List.
Agreement No.4600001563,Page 6 of 9
ARTICLE 9 — INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify,
save, and hold the District, its officers, directors, board members, agents, assigns, and
employees harmless from liabilities, damages, losses, and costs, including but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the Recipient and other persons employed or utilized by
the Recipient in the performance of the Agreement. The District will have the right to
approve counsel selected by the Recipient to defend the District in the event the District is
named in any legal action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees
and employees with the terms of this Agreement. This paragraph shall survive the
expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall be
considered an employee or agent of the other party. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor
between the Parties and their respective employees, agents, subcontractors, or assigns
during or after the performance of this Agreement. Both parties are free to enter into
contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as
set forth in this Agreement without the prior written consent of the District.Any attempted
assignment in violation of this provision will be void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit
of the Recipient and the District. No person or entity other than the Recipient or the
District shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as third party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God,
or for any other cause of the same character which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the Statement of Work — Exhibit "A" of this
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned.
Agreement No.4600001563,Page 7 of 9
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
A. Terms and Conditions outlined in Articles 1-11.
B. Exhibit"A" Statement of Work.
C. All other exhibits, attachments and documents specifically incorporated herein by
reference.
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver
shall be effective unless in writing and signed by the Party against whom enforcement is
sought. Such waiver shall be limited to provisions of this Agreement specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this Agreement, to the extent the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by the
Recipient and the District and any and all materials, events, or endorsements arising out of
this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall insure to the benefit of and shall
be binding upon the Parties,their respective assigns, and successors in interest.
Agreement No.4600001563,Page 8 of 9
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Procurement Approved:
o
By: � - ' " "" Date: \t't
Air'-
CITY OF OPA-LOCKA
By Authorized Official:
Printed Name:
Title:
Date:
Agreement No.4600001563,Page 9 of 9
EXHIBIT "A"
STATEMENT OF WORK
Automatic Hydrant Flushing
City of Opa-locka
A. Introduction/Background
The City of Opa-locka contains four hundred and twenty four hydrants (424) in its water service
area. Of that number, approximately sixty (60) require frequent flushing to maintain acceptable
chlorine residual levels throughout the distribution system. Currently hydrants are being
manually flushed at four area sites once each month. In every instance, this activity requires the
full attention of two water service staff persons who would otherwise be free to complete any
one of the City's other departmental tasks. More importantly, thousands of gallons of potable
water are being lost each time this activity occurs. When coupled with the possibility of
customers being inconvenienced due to discolored water and/or low water pressure issues, the
need to install automatic flushing devices on fifty (50) hydrants, identified by the water
department as most needed, appears a justifiable expenditure. This investment is projected to
yield a potential savings of 8.4 MGY.
B. Objectives
The purpose of this project is to conserve potable water while maintaining the integrity of the
water system; thus, ensuring the delivery of the highest quality water possible to the City's
customers. In addition, it provides for the best use of City resources and manpower in the
delivery of water services.
This Project will provide for the purchase of fifty (50) automatic battery operated fire hydrants
which, once installed and programmed, will eliminate the need for City employees to physically
visit and manually flush individual hydrants. Essentially, this action will accomplish the
following:
1. Decrease the amount of potable water currently wasted using manual flushing
procedures;
2. Increase the quality of the potable water in the affected areas;
3. Provide for the redirection of valuable manpower; and
4. Improve customer satisfaction.
C. Scope of Work
The City of Opa-locka's Fiscal Year 2009 work will entail purchase and installation of 50
automatic hydrant flushing devices on pre-selected fire hydrants in the City of Opa-locka's
service area.
D. Work Breakdown Structure
The work breakdown structure associated with this project is described below. Note that if the
project is complete prior to the due date of a Status Report (Tasks 1-3), then the Final Report
shall replace the Status Report and subsequent Status Reports shall not be required.
Page 1 of 2,Exhibit A to Agreement No 4600001563
Task 1 - Status Report: ..ecipient shall submit to the project. manager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
and any other information pertinent to the project.
Due Date: December 31, 2008
Task 2 - Status Report: Recipient shall submit to the project manager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
and any other information pertinent to the project.
Due Date: March 31, 2009
Task 3 - Status Report: Recipient shall submit to the project manager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
and any other information pertinent to the project.
Due Date: June 30, 2009
Task 4: Recipient shall be responsible for the purchase and installation of 50 automatic battery
operated fire hydrant flushing devices.
Due Date: August 31, 2009
Task 5 — Reimbursement Package & Project Summary Sheet (Exhibit D): Recipient shall
submit to the project manager the final reimbursement request package, to include but not
limited to, signed certification letter that the project is complete per the contract, vendor
invoices, documented man-hours, and any other in-kind contributions.
Due Date: August 31, 2009
Task 6 — Final Report: Recipient shall submit to the project manager a Final Project Report
summarizing all work performed during the course of the project as well as actual water savings
to date versus original estimated water savings.
Due Date: September 30, 2009
Task 7 —Assessment of Actual versus Estimated Water Savings Report: Recipient shall submit
to the project manager a post-project performance report highlighting the project's actual water
savings compared to the estimated water savings as presented in the Recipient's project proposal.
Due Date: September 29, 2010
Page 2 of 2,Exhibit A to Agreement No.4600001563
EXHIBIT `B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
Automatic Hydrant Flushing
City of Opa-locka
• A summary deliverable schedule associated with this project is set forth below.
• The Recipient shall submit all deliverables to the District's Project Manager. All
deliverables submitted hereunder are subject to review by the District. The Recipient
hereby agrees to provide the District all deliverables, data and information described in the
Statement of Work.
• The Recipient shall provide quarterly progress reports summarizing a brief description of the
current status of the project and the extent of project completion. Progress reports are due
by December 31, 2008; March 31, 2009; and June 30, 2009. The final report is due no later
than September 30, 2009. Reports will provide detail on the progress of the project and
outline any potential issues affecting project completion. Progress reports shall be submitted
on the Quarterly Progress Report, attached hereto as Exhibit"C".
• The Recipient shall provide a post-project performance report highlighting the project's
actual water savings compared to the estimated water savings as presented in the project
proposal. This Assessment of Actual versus Estimated Water Savings Report is due no later
than September 29, 2010.
• Invoices may be submitted on a quarterly basis for partial payment toward all project-related
hardware delivered and installed as outlined in the Statement of Work. Invoices shall be
accompanied by proper documentation verifying completion of items invoiced. Timely
payment of invoices shall be contingent upon the District's review and acceptance of all
invoice(s). Final payment is subject to the final project cost. All invoices shall be submitted
no later than August 31, 2009 for reimbursement. Total payment by the District for all work
completed herein shall not exceed the amount of $50,000.00. All payments are subject to
District fiscal year appropriations. The Recipient shall contribute funding in the amount of
$50,000.00 or 50 percent of actual costs.
• If the total consideration for this Agreement is subject to multi-year funding allocations,
funding for each applicable fiscal year of this Agreement will be subject to Governing Board
budgetary appropriation. In the event the District does not approve funding for any
subsequent fiscal year, this Agreement shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this Agreement to the contrary.
Page 1 of 2,Exhibit`B"to Agreement No.46000001563
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1 Status Report N/A December 31, 2008 N/A
2 Status Report N/A March 31, 2009 N/A
3 Status Report N/A June 30, 2009 N/A
Purchase and installation of 50
4 automatic battery operated fire August 31, 2009 N/A $50,000.00
hydrant flushing devices
Reimbursement Request Package
5 &Project Summary Report N/A August 31, 2009 N/A
(Exhibit"D")
6 Final Project Report N/A September 30, 2009 N/A
Assessment of Actual versus N/A September 29, 2010 N/A
7 Estimated Water Savings Report
Total Funding $50,000.00
Total Project Cost $100,000.00
1 The deadline for the final invoice submittal is August 31, 2009. However, this invoice could be
submitted before August 31, 2009.
2 Reimbursement Package(s) shall include but not limited to, a copy of Entity invoice, signed
certification letter that task(s) are complete per the contract, copies of vendor invoices, documented
man-hours, and any other in-kind contributions.
Page 2 of 2,Exhibit`B"to Agreement No.46000001563
EXHIBIT "C"
FY 2009
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
WATER SAVINGS INCENTIVE PROGRAM
EE,
COOPERATIVE FUNDING
`. QUARTERLY PROGRESS REPORT FORM
Contract#: Reporting Quarter: — 1 2 3 4
Project Title: Funding Recipient:
Progress Summary:
Tasks Completed: Tasks Behind Schedule:
Recommended Actions:
Submitted by: , Project Manager, E-Mail:
Report Submittal and/or Questions: Please a-mail flebbie B nnett at dbennetCa sfwind. ou
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Page 1 of 1,Exhibit"C"to Agreement No.4600001563
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2008 —2009 WATER SAVINGS INCENTIVE PROGRAM x
4 FUNDING PROGRAM
1,T EXHIBIT "D"
Project Summary Report — FY 2009
Project Title Entity Project Manager
SFWMD Contract Number Entity Name (Project Owner)
Type of Water Project Start Project End Proposed Actual Method of Water Savings
Savings Incentive Date Date Water Water Calculation
Project Savings Savings
Please refer to page 2 of
Exhibit `V"
Was the original project scope fulfilled? ❑ Yes ❑ No If no, provide an explanation below.
N.r
Proposal Estimate Actual Costs
Total Pro ect Cost $
District funding $ $
Local funds $ _ $
Other funding source /in-kind
services
From: $ $
TOTAL PROJECT COST
To the best of my knowledge, the above information is correct
Entity Project Manager
- All supporting documentation is to be included to support Actual Costs and Actual Water Savings for this
project as specified in the deliverables table. Supporting documentation is to include but not limited to, copy of
Entity invoice, Entity signed completion letter, copies of vendor invoices, documented man-hours, and any other
in-kind services.
Pane 1 of 2.Exhibit"D"to Agreement No.4600001563
Methods of Water Savings Calculation
The most direct way to calculate water use entails a comparison between pre- and post-project meter readings
or utility bills. We recognize that each project has unique characteristics and circumstances. It is up to the on-
site project manager to arrive at a method that would most accurately measure, calculate or estimate project
water savings. Below are examples of possible ways to calculate water use and savings. There may be
others. The `proposed' water savings (requested above) should be what was listed in the original application.
Example 1. Water Bill Method
Example project— Purchase and installation of Computerized Irrigation Management System at an HOA.
Under the old irrigation system:
Total gallons of water used to irrigate common areas and the clubhouse's regular consumption from
September 2005 to September 2006 was 968,465 gallons (annual sum of monthly 'Current Usage' values from
entity's water bill).
Under the new irrigation system with rain and soil moisture sensors:
Total gallons of water used to irrigate common areas and the clubhouse's regular consumption from March
2007 to March 2008 was 769,237 gallons.
Savings of 199,228 gallons per year.
Example 2. Vendor Estimate Method
Example Project- Plumbing retrofit.
Old toilets: 5 gallons per flush (as per product stamp)
5 gallons per flush x 5 flushes per day x 322 toilets replaced x 365 days = 2.94 gallons per year.
New toilets: 1.1 gallons per flush (as per manufacturer or vendor listing)
1.1 gallons per flush x 5 flushes x 322 toilets installed x 365 days = 6.46 gallons per year.
Savings of 2.29 gallons per year.
Example 3. Volume Method
Example project— Purchase and installation of Computerized Irrigation Management System.
Under the old irrigation system:
Irrigation was pre-set to be delivered 2 days per week for 3 hours per watering. This totals at 104 watering
events over one year (2 x 52 weeks). There are 25 sprinkler heads that deliver 2.5 gallons per minute (or 150
gallons per hour).
104 watering events x 3 hours x 150 gallons per hour x 25 heads = 1.17 million gallons per year
Under the new irrigation system with rain and soil moisture sensors:
Irrigation was set for 2 days per week for 2.5 hour per watering. Potential total of 104 watering events in one
year. Sensor devices sensed an actual need for 68 watering events over one year for an average of 2.5 hours
each (as pre computer log).
68 watering events x 2.5 hours x 150 gallons per hour x 25 heads = 0.64 million gallons per year
Savings of 0.53 million gallons per year
Page 2 of 2,Exhibit"D"to Agreement No.4600001563
ORIGINAL
•
FY 2009
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
c WATER SAVINGS INCENTIVE PROGRAM
COOPERATIVE FUNDING AGREEME
Recipient: Agreement Number 4600001563 NT
City of Opa-locka
Governing B and Approval Date 'August 14, 2008
Recipient's Project Manager:
Thony Fernand District I and ng Amount 50 000 00
Address: Contract Term October 1, 2008 September 30,2010
12950 Lejeune Road
Opa-locka FL 33054
Telephone: (305) 953-2828
Fax: (305) 953-2870
SFWMD Project Manager: Debra Bennett
Telephone No: (561) 682-6331
Fax No: (561) 681-6264
SFWMD Contract Specialist:
Sharman Rose
Telephone: (561) 682-2167
Fax: (561) 682-5624
Address:
P.O. Box 24680
3301 Gun Club Road
West Palm Beach FL 33416-4680
Insurance: Not Applicable
Federal Employer Identification Number: 85-8012740151C-0
Project Title: Automatic Hydrant Flushing
Description: Purchase of 50 automatic flushing devices.
Agreement No.4600001563,Page 1 of 9
This Agreement is entered into between "the Parties," the South Florida Water Management
District (SFWMD), the "District", and the undersigned Applicant, hereinafter referred to as the
"Recipient." The Recipient warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms and conditions of this Agreement, and shall abide by
all legal, financial, and reporting requirements, such as matching funds and final reports for all
funding received by the Recipient from the District.
ARTICLE 1 — PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform
all work items described in the "Statement of Work," attached hereto as Exhibit "A,"
hereinafter referred to as the "Project", and made a part of this Agreement.
1.2 As part of the services to be provided by the Recipient under this Agreement, the
Recipient shall substantiate, in whatever form reasonably requested by the District, any
supporting documentation utilized as a basis for payment by the District. This paragraph
shall survive the expiration or termination of this Agreement.
1.3 Attached to this Agreement are the following exhibits which are incorporated herein:
Exhibit A Statement of Work
Exhibit B Summary of Tasks and Deliverables
Exhibit C Quarterly Progress Report Form
Exhibit D Final Summary Reporting Form
ARTICLE 2 — TERM OF THE AGREEMENT
2.1 This Agreement shall commence on October 1, 2008 and shall terminate on September 30,
2010. The sole reason for the term extending for one year beyond September 30, 2009 is to
allow time for the Recipient to complete the Assessment of Actual Versus Estimated Water
Savings Report and submit to the District as required for the final deliverable. All other
deliverables must be completed and submitted to the District for acceptance in accordance
with the schedule set forth in Exhibit "B". Failure to adhere to the Exhibit "B" schedule
will result in the Recipient not being reimbursed as described below in Article 3.1.
2.2 The Parties agree that time is of the essence in the performance of each and every
obligation under this Agreement.
ARTICLE 3 — COMPENSATION ! CONSIDERATION
3.1 As consideration for providing the goods and services required by this Agreement, the
District will pay the Recipient the funding amount as specified on the first page of this
Agreement. Such amount is a not-to-exceed amount and therefore, no additional
consideration will be authorized. The Recipient shall provide at least fifty percent (50%)
of the total actual project cost or the percentage set forth in the Schedule of Deliverables,
Agreement No.4600001563,Page 2 of 9
with the exception of designated REDI communities. Payment will be made by the
District for work authorized and completed between October 1, 2008 and August 31,
2009. The District will not reimburse the Recipient for work that commences prior to the
start date of the Agreement or for work completed after August 31, 2009.
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A." By providing funding hereunder, the District does not make any warranty,
guaranty, or any representation whatsoever regarding any of the work performed hereunder,
including but not limited to the adequacy or sufficiency of all or any part of work described
in Exhibit"A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
design and permitting aspects of the Project. District funds will be used only for non-
capital costs for the purchase and installation activities described in Exhibit"A."
ARTICLE 4— FUNDING PAYMENTS AND REPORTING
4.1 The District will make payment to the Recipient upon completion and acceptance of the
deliverable(s) as described in the Summary Schedule of Tasks and Deliverables, attached
hereto as Exhibit "B". The Recipient shall provide certification that all work has been
completed in accordance with Exhibit "A" of this Agreement.
4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and shall be
sent to the following address:
South Florida Water Management District
ATTN: Accounts Payable
3301 Gun Club Road—MS 6230
West Palm Beach, FL 33406
The Recipient shall not submit an invoice to any other address at the District. In order to
expedite the invoice review and approval process, the Recipient also shall submit a copy
of each invoice to the Project Manager along with the backup documentation necessary
(e.g., vendor invoices, in-kind contributions) for the Project Manager to be able to
ascertain clearly that each deliverable in the invoice has been completed.
4.3 The District will have the right to inspect all work and review final reports before
authorization of payment is made to the Recipient. It is the policy of the District that
payment for all goods and services will be made in a timely manner and that interest
payments are made on late payments. In accordance with Florida Statutes (F.S.), Section
218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that
conforms to all statutory requirements and all District requirements as set forth in the
Agreement for invoice submission. The time at which payment is due from the District
will be forty-five (45) days from receipt of a proper invoice and acceptance of services
and/or deliverables, based on compliance with the statutory requirements set forth in
Section 218.70, P.S. and upon satisfaction of the District conditions as detailed in the
Agreement.
Agreement No.4600001563,Page 3 of 9
Failure of the Recipient to follow the instructions set forth in the Agreement regarding a
proper invoice and acceptable services and/or deliverables may result in an unavoidable
delay in payment by the District. All payments due from the District for a proper invoice
and acceptable services and/or deliverables and not made within the time specified in this
section will bear interest from thirty (30) days after the due date at the rate of one percent
(1%) per month on the unpaid balance. The Recipient shall invoice the District for
payment of any accrued unpaid interest.
Any disputes regarding invoice payments, which cannot be resolved by the appropriate
department of the District, will be concluded by final written decision of the District
Leadership Team no later than sixty (60) days after the date on which the District received
the proper invoice.
4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed
schedule of the Project. The Recipient shall provide to the District quarterly progress
reports summarizing a brief description of the current status of the Project, and the extent of
Project completion. Upon request by the District, the Recipient shall provide as supporting
documentation, all work products associated with the completion of the tasks designated in
the Work Breakdown Structure and Schedule of Deliverables in the Statement of Work,
Exhibit "A," attached to this Agreement. In no event, shall the District's total obligation
exceed the amount specified in Exhibit"B" for this cooperative agreement.
ARTICLE 5 — CONTRACT MANAGEMENT
5.1 The Parties shall direct all matters arising in connection with the performance of this
Agreement to the attention of the Project Manager for attempted resolution or action. The
Project Manager will be responsible for overall coordination and oversight relating to the
performance of this Agreement.
5.2 All notices, demands, or other communications regarding this Agreement, other than those
set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both
the Project Manager and the Contract Specialist noted on the first page of this Agreement
by certified mail, return receipt requested.
5.3 Should either party change its address, written notice of such new address shall promptly be
sent to the other party.
5.4 All correspondence to the District under this Agreement shall reference the District's
Agreement Number.
ARTICLE 6 — TERMINATION / REMEDIES
6.1 It is the policy of the District to encourage good business practices by requiring recipients
to materially perform in accordance with the terms and conditions of the Agreement. In
accordance with Chapter 40E-7, Part II of the Florida Administrative Code, "Material
Breach" is defined as any substantial, unexcused non-performance by failing to perform an
act that is an important part of the transaction or performing an act inconsistent with the
terms and conditions of the Agreement.
Agreement No.4600001 563,Page 4 of 9
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwarding a Cure Notice citing the specific
nature of the material breach. The Recipient shall have thirty (30) days to cure the breach.
If the Recipient fails to cure the breach within the thirty (30) day period, the District will
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board will determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of
the Florida Administrative Code in making a determination as to whether a Recipient
should be suspended, and if so, for what period of time. Should the District terminate for
default in accordance with this provision, the District will be entitled to recover
procurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District will determine that such termination is in
the best interest of the District. Any such termination will be effected by delivery of a
Notice of Termination to the Recipient, specifying the extent to.which performance of
work under the Agreement is terminated, and the date upon which such termination
becomes effective. In the event of termination, the District will compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
will be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequential damages under this Agreement. The District may withhold
all payments to the Recipient for such work until such time as the District determines the
exact amount due to the Recipient.
6.3 In the event a dispute arises, which the Project Managers cannot resolve between
themselves, the Parties shall have the option to submit to non-binding mediation. The
mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the
mediation shall be borne equally by the Parties. The mediation process shall be confidential
to the extent permitted by law.
ARTICLE 7 — RECORDS RETENTION
7.1 The Recipient shall maintain records and the District will have inspection and audit rights
as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection
for a period of five (5) years from completing performance and receiving final payment
under this Agreement.
B. Examination of Records. The District or its designated agent will have the right to
examine in accordance with generally accepted governmental auditing standards all
Agreement No.4600001 563,Page 5 of 9
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place.
C. Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the Recipient shall extend the period of maintenance for all records
relating to the Agreement until the final disposition of the legal dispute, and all such
records shall be made readily available to the District.
D. Periodic Audits. The District will perform audits periodically to ensure funding
objectives are being met.
ARTICLE 8 — STANDARDS OF COMPLIANCE
8.1 The Recipient, its employees, subcontractors or assigns, shall comply with all applicable
federal, state, and local laws and regulations relating to the performance of this Agreement.
The District undertakes no duty to ensure such compliance, but will attempt to advise the
Recipient, upon request, as to any such laws of which it has present knowledge.
8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall
be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of
Florida for any claims, which are justifiable in federal court.
8.3 The Recipient shall allow public access to all project documents and materials in
accordance with the provisions of Chapter 119, Florida Statutes. Should the Recipient
assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden
of establishing such exemption, by way of injunctive or other relief as provided by law,
shall be upon the Recipient.
8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited from the
expenditure of any funds under this Agreement to lobby the Legislature, the judicial
branch, or another state agency.
8.5 The Recipient shall obtain, at its sole expense, all necessary licenses, authorizations and
permits from the appropriate private party or federal, state, municipal or local agency, and
other governmental approvals, prior to commencing performance of this Agreement. A
delay in obtaining permits shall not give rise to a claim by the Recipient for additional
compensation. If the Recipient is unable to obtain all necessary permits in a timely manner,
either party may elect to terminate this Agreement, each party to bear its own costs,
notwithstanding other provisions of this Agreement to the contrary.
8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race,
color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits
of, or is otherwise subjected to discrimination in any activity under this Agreement. The
Recipient shall take all measures necessary to effect these assurances.
8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the
District's Suspension of Contracts List.
Agreement No.4600001563,Page 6 of 9
ARTICLE 9 — INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient shall defend, indemnify,
save, and hold the District, its officers, directors, board members, agents, assigns, and
employees harmless from liabilities, damages, losses, and costs, including but not limited to
reasonable attorney's fees, to the extent caused by the negligence, recklessness or
intentionally wrongful conduct of the Recipient and other persons employed or utilized by
the Recipient in the performance of the Agreement. The District will have the right to
approve counsel selected by the Recipient to defend the District in the event the District is
named in any legal action.
The Recipient further acknowledges that it is solely responsible for ensuring its
compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees
and employees with the terms of this Agreement. This paragraph shall survive the
expiration or termination of this Agreement.
ARTICLE 10 - RELATIONSHIP BETWEEN THE PARTIES
10.1 The Recipient shall be considered an independent contractor and neither party shall be
considered an employee or agent of the other party. Nothing in this Agreement shall be
interpreted to establish any relationship other than that of an independent contractor
between the Parties and their respective employees, agents, subcontractors, or assigns
during or after the performance of this Agreement. Both parties are free to enter into
contracts with other parties for similar services.
10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as
set forth in this Agreement without the prior written consent of the District. Any attempted
assignment in violation of this provision will be void.
10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit
of the Recipient and the District. No person or entity other than the Recipient or the
District shall have any rights or privileges under this Agreement in any capacity
whatsoever, either as third party beneficiary or otherwise.
ARTICLE 11 - GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be
held liable for any failure or delay in the performance of this Agreement that arises from
fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather,
outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God,
or for any other cause of the same character which is unavoidable through the exercise of
due care and beyond the control of the Parties. Failure to perform shall be excused during
the continuance of such circumstances, but this Agreement shall otherwise remain in
effect. This provision shall not apply if the Statement of Work — Exhibit "A" of this
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned.
Agreement No.4600001563,Page 7 of 9
11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the
following order:
A. Terms and Conditions outlined in Articles 1-11.
B. Exhibit "A" Statement of Work.
C. All other exhibits, attachments and documents specifically incorporated herein by
reference.
11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this Agreement by the Parties, their successors and assigns shall not be deemed a waiver
of any of its rights or remedies, nor shall it relieve the other party from performing any
subsequent obligations strictly in accordance with the terms of this Agreement. No waiver
shall be effective unless in writing and signed by the Party against whom enforcement is
sought. Such waiver shall be limited to provisions of this Agreement specifically referred
to therein and shall not be deemed a waiver of any other provision. No waiver shall
constitute a continuing waiver unless the writing states otherwise.
11.4 Should any term or provision of this Agreement be held, to any extent, invalid or
unenforceable, as against any person, entity or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this Agreement, to the extent the Agreement
shall remain operable, enforceable and in full force and effect to the extent permitted by
law.
11.5 This Agreement may be amended only with the written approval of the Parties.
11.6 This Agreement states that all publicity/outreach media will be jointly planned by the
Recipient and the District and any and all materials, events, or endorsements arising out of
this award will require prior District approval.
11.7 This Agreement states the entire understanding and Agreement between the Parties and
supersedes any and all written or oral representations, statements, negotiations or
Agreements previously existing between the Parties with respect to the subject matter of
this Agreement. The Recipient recognizes that any representations, statements or
negotiations made by District staff do not suffice to legally bind the District in a
contractual relationship unless they have been reduced to writing and signed by an
authorized District representative. This Agreement shall insure to the benefit of and shall
be binding upon the Parties, their respective assigns, and successors in interest.
Agreement No.4600001563,Page 8 of 9
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this Agreement on the date written below.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Procurement Director
Date:
SFWMD Procurement a)•- Approved:
o
By: � — '�-"' Date: '°(? I��
CITY OF OPA-LOCKA
By Authorized Official:
Printed Name:
Title:
Date:
Agreement No.4600001563,Page 9 of 9
EXHIBIT "A"
STATEMENT OF WORK
Automatic Hydrant Flushing
City of Opa-locka
A. IntroductionBackground
The City of Opa-locka contains four hundred and twenty four hydrants (424) in its water service
area. Of that number, approximately sixty (60) require frequent flushing to maintain acceptable
chlorine residual levels throughout the distribution system. Currently hydrants are being
manually flushed at four area sites once each month. In every instance, this activity requires the
full attention of two water service staff persons who would otherwise be free to complete any
one of the City's other departmental tasks. More importantly, thousands of gallons of potable
water are being lost each time this activity occurs. When coupled with the possibility of
customers being inconvenienced due to discolored water and/or low water pressure issues, the
need to install automatic flushing devices on fifty (50) hydrants, identified by the water
department as most needed, appears a justifiable expenditure. This investment is projected to
yield a potential savings of 8.4 MGY.
B. Objectives
The purpose of this project is to conserve potable water while maintaining the integrity of the
water system; thus, ensuring the delivery of the highest quality water possible to the City's
customers. In addition, it provides for the best use of City resources and manpower in the
delivery of water services.
This Project will provide for the purchase of fifty (50) automatic battery operated fire hydrants
which, once installed and programmed, will eliminate the need for City employees to physically
visit and manually flush individual hydrants. Essentially, this action will accomplish the
following:
1. Decrease the amount of potable water currently wasted using manual flushing
procedures;
2. Increase the quality of the potable water in the affected areas;
3. Provide for the redirection of valuable manpower; and
4. Improve customer satisfaction.
C. Scope of Work
The City of Opa-locka's Fiscal Year 2009 work will entail purchase and installation of 50
automatic hydrant flushing devices on pre-selected fire hydrants in the City of Opa-locka's
service area.
D. Work Breakdown Structure
The work breakdown structure associated with this project is described below. Note that if the
project is complete prior to the due date of a Status Report (Tasks 1-3), then the Final Report
shall replace the Status Report and subsequent Status Reports shall not be required.
Page 1 of 2,Exhibit A to Agreement No.4600001563
Task 1 - Status Report: ecipient shall submit to the proje, nanager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
and any other information pertinent to the project.
Due Date: December 31, 2008
Task 2 - Status Report: Recipient shall submit to the project manager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
. and any other information pertinent to the project.
Due Date: March 31, 2009
Task 3 - Status Report: Recipient shall submit to the project manager a status report
summarizing progress made to date, issues of concern potentially affecting project performance,
and any other information pertinent to the project.
Due Date: June 30, 2009
Task 4: Recipient shall be responsible for the purchase and installation of 50 automatic battery
operated fire hydrant flushing devices.
Due Date: August 31, 2009
Task 5 — Reimbursement Package & Project Summary Sheet (Exhibit D): Recipient shall
submit to the project manager the final reimbursement request package, to include but not
limited to, signed certification letter that the project is complete per the contract, vendor
invoices, documented man-hours, and any other in-kind contributions.
Due Date: August 31, 2009
Task 6 — Final Report: Recipient shall submit to the project manager a Final Project Report
summarizing all work performed during the course of the project as well as actual water savings
to date versus original estimated water savings.
Due Date: September 30, 2009
Task 7 — Assessment of Actual versus Estimated Water Savings Report: Recipient shall submit
to the project manager a post-project performance report highlighting the project's actual water
savings compared to the estimated water savings as presented in the Recipient's project proposal.
Due Date: September 29, 2010
Page 2 of 2,Exhibit A to Agreement No.4600001563
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
Automatic Hydrant Flushing
City of Opa-locka
• A summary deliverable schedule associated with this project is set forth below.
• The Recipient shall submit all deliverables to the District's Project Manager. All
deliverables submitted hereunder are subject to review by the District. The Recipient
hereby agrees to provide the District all deliverables, data and information described in the
Statement of Work.
• The Recipient shall provide quarterly progress reports summarizing a brief description of the
current status of the project and the extent of project completion. Progress reports are due
by December 31, 2008; March 31, 2009; and June 30, 2009. The final report is due no later
than September 30, 2009. Reports will provide detail on the progress of the project and
outline any potential issues affecting project completion. Progress reports shall be submitted
on the Quarterly Progress Report, attached hereto as Exhibit"C".
• The Recipient shall provide a post-project performance report highlighting the project's
actual water savings compared to the estimated water savings as presented in the project
proposal. This Assessment of Actual versus Estimated Water Savings Report is due no later
than September 29, 2010.
• Invoices may be submitted on a quarterly basis for partial payment toward all project-related
hardware delivered and installed as outlined in the Statement of Work. Invoices shall be
accompanied by proper documentation verifying completion of items invoiced. Timely
payment of invoices shall be contingent upon the District's review and acceptance of all
invoice(s). Final payment is subject to the final project cost. All invoices shall be submitted
no later than August 31, 2009 for reimbursement. Total payment by the District for all work
completed herein shall not exceed the amount of $50,000.00. All payments are subject to
District fiscal year appropriations. The Recipient shall contribute funding in the amount of
$50,000.00 or 50 percent of actual costs.
• If the total consideration for this Agreement is subject to multi-year funding allocations,
funding for each applicable fiscal year of this Agreement will be subject to Governing Board
budgetary appropriation. In the event the District does not approve funding for any
subsequent fiscal year, this Agreement shall terminate upon expenditure of the current
funding, notwithstanding other provisions in this Agreement to the contrary.
Page 1 of 2,Exhibit"B"to Agreement No.46000001563
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1' Status Report N/A December 31, 2008 N/A
2 Status Report N/A March 31, 2009 N/A
3 Status Report N/A June 30, 2009 N/A
Purchase and installation of 50
4 automatic battery operated fire August 31, 2009 N/A $50,000.00
hydrant flushing devices _
Reimbursement Request Package2
5 &Project Summary Report N/A August 31, 2009 N/A
(Exhibit"D") .
6 Final Project Report N/A September 30, 2009 N/A
Assessment of Actual versus N/A September 29, 2010 N/A
7 Estimated Water Savings Report
Total Funding $50,000.00
Total Project Cost $100,000.00
1 The deadline for the final invoice submittal is August 31, 2009. However, this invoice could be
submitted before August 31, 2009.
2 Reimbursement Package(s) shall include but not limited to, a copy of Entity invoice, signed
certification letter that task(s) are complete per the contract, copies of vendor invoices, documented
man-hours, and any other in-kind contributions.
Page 2 of 2,Exhibit"B"to Agreement No.46000001563
EXHIBIT "C"
FY 2009
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
-:ate.,
WATER SAVINGS INCENTIVE PROGRAM
,�
COOPERATIVE FUNDING
QUARTERLY PROGRESS REPORT FORM
Contract#: Reporting Quarter: ❑ 1 ❑ 2 ❑ 3 ❑ 4
Project Title: Funding Recipient:
Progress Summary:
Tasks Completed: Tasks Behind Schedule:
Recommended Actions:
•
Submitted by: , Project Manager, E-Mail:
y
l' o�a r band/ sr l e ii e� t Be r tt t be i t s#wmd s
r[�
Page 1 of 1,Exhibit"C"to Agreement No.4600001563
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
r
,tic �{' 2008— 2009 WATER SAVINGS INCENTIVE PROGRAM
FUNDING PROGRAM
-_-
` _ = EXHIBIT "D"
Project Summary Report — FY 2009
Project Title Entity Project Manager
SFWMD Contract Number Entity Name (Project Owner)
1.' .L i. f Y. ' fs'"'.v, �•r, iJl{Q v ..
Type of Water Project Start Project End Proposed Actual Method of Water Savings
Savings Incentive Date Date Water Water Calculation
Project Savings Savings
Please refer to page 2 of
• Exhibit `D"
Was the original project scope fulfilled? ❑ Yes ❑ No If no, provide an explanation below.
( :': it d _ 4 f .c} y ry R t 1
Proposal Estimate Actual Costs
Total Pro ect
Cob s t�?.'l -.:�.r !i .Y $C Cz6A®o 1• toc _ ;.4t .d eri v r..
District funding $ $
Local funds $ $
Other funding source /in-kind
services
From: $ $
TOTAL PROJECT COST
To the best of my knowledge, the above information is correct
Entity Project Manager
- All supporting documentation is to be included to support Actual Costs and Actual Water Savings for this
project as specified in the deliverables table. Supporting documentation is to include but not limited to, copy of
Entity invoice, Entity signed completion letter, copies of vendor invoices, documented man-hours, and any other
in-kind services.
Page 1 of 2,Exhibit"D"to Agreement No.4600001563
Methods of Water Savings Calculation
The most direct way to calculate water use entails a comparison between pre- and post-project meter readings
or utility bills. We recognize that each project has unique characteristics and circumstances. It is up to the on-
site project manager to arrive at a method that would most accurately measure, calculate or estimate project
water savings. Below are examples of possible ways to calculate water use and savings. There may be
others. The 'proposed' water savings (requested above) should be what was listed in the original application.
Example 1. Water Bill Method
Example project— Purchase and installation of Computerized Irrigation Management System at an HOA.
Under the old irrigation system:
Total gallons of water used to irrigate common areas and the clubhouse's regular consumption from
September 2005 to September 2006 was 968,465 gallons (annual sum of monthly 'Current Usage' values from
entity's water bill).
Under the new irrigation system with rain and soil moisture sensors:
Total gallons of water used to irrigate common areas and the clubhouse's regular consumption from March
2007 to March 2008 was 769,237 gallons.
Savings of 199,228 gallons per year.
Example 2. Vendor Estimate Method
Example Project- Plumbing retrofit.
Old toilets: 5 gallons per flush (as per product stamp)
5 gallons per flush x 5 flushes per day x 322 toilets replaced x 365 days = 2.94 gallons per year.
New toilets: 1.1 gallons per flush (as per manufacturer or vendor listing)
1.1 gallons per flush x 5 flushes x 322 toilets installed x 365 days = 6.46 gallons per year.
Savings of 2.29 gallons per year.
Example 3. Volume Method
Example project — Purchase and installation of Computerized Irrigation Management System.
Under the old irrigation system:
Irrigation was pre-set to be delivered 2 days per week for 3 hours per watering. This totals at 104 watering
events over one year (2 x 52 weeks). There are 25 sprinkler heads that deliver 2.5 gallons per minute (or 150
gallons per hour).
104 watering events x 3 hours x 150 gallons per hour x 25 heads = 1.17 million gallons per year
Under the new irrigation system with rain and soil moisture sensors:
Irrigation was set for 2 days per week for 2.5 hour per watering. Potential total of 104 watering events in one
year. Sensor devices sensed an actual need for 68 watering events over one year for an average of 2.5 hours
each (as pre computer log).
68 watering events x 2.5 hours x 150 gallons per hour x 25 heads = 0.64 million gallons per year
Savings of 0.53 million gallons per year
Page 2 of 2,Exhibit"D"to Agreement No.4600001563