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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 " Lock 0; •e Cif eggovaiv. 9nJ JkG 2 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 a1 (561) 682-2167 FAX: (561) 682-5624 rn± w SR/cdl `- 0 ca Enclosure N c: Debra Bennett - MSC 4362 moo° z m Oi71 cm 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 y 2� v. .7.F s V 7 k " t 21 it4fE x 4t 3 F - .g y 4 S� • v r rt `;vk: "S`° .:+j r " ..r'✓ r 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 Y 6 4� ?i...ike.Abrd ! � 4 —w� f—fa1 �S.T,�,.`�e-��iT C�;�a"�4'`'3�s.�" •�61�f' i4`e } ill � �P !! �N� y� mY r �"� iU � ice. y�ra a. 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 -w N ...Ot E� -t',0.-7 As.y.r^.f ,.h.TS rors ..r S,.,(", ,.,: '5-*' 'y4;2, «4.;,. "' f i .e1' arc ,.r.L,t :6�,, y • , .`E - Y' ,t;" 1- '€ F }'- t� . - i r + r f .-,R. 2-e::t 'r . q +,!'°f ▪ it '4�' Y ��. .µ ,t7� f� J- �' wi�r �, ,,,a�, t... .,<,ai- 1' t¢ - �. z.a g f P r % r o as`r n t.tav .�.s r �`"`:'. „i fit' : [t 'Y' ` .l,a --. r-.d',.!t, - .S stf.`, _ r 4 ,a..- ' .v� 'u'-ffi+- '�?Th.-;c1 _^is Sk rA'',7' '�Ly . s.'sr`' i`tt, fi4 fiffF"y`.—A– � •? s.. _r.^r-2-'----'1 '' ' �''°�•t - ^,,PiQ± .,, .. ....■ 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