Res 69-07/'
1
RESOLUTION NO. 69-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2007-2008
ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD
2007-2008 Alternative Water Supply Funding Program Agreement; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth
herein.
Section 2. The City Commission of the City of Delray Beach authorizes the
entry into the SFWMD 2007-2008 Alternative Water Supply Funding Program
Agreement and authorizes the execution thereof by its Mayor.
PASSED AND ADOPTED in regular session on this 11~' day of December, 2007.
MAYOR
ATTEST:
City Clerk
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Richazd C. Hasko, P.E., Environmental Services Director
THROUGH: David T. Harden, City Manager
DATE: November 27, 2007
SUBJECT: AGENDA ITEM 8.B,-REGULAR COMMISSION MEETING OF DECEMBER_._l1, 2007
RESOLUTION N0.69-07 - SFWMD GRANT AGREEMENT
ITEM BEFORE COMMISSION
Staff requests Commission authorization for the Mayor to execute an Alternative Water Supply Grant
Agreement with the South Florida Water Management District, providing grant funding in the amount
of $619,700 for the construction of the Area 4 Reclaimed Water Transmission System project.
The City has implemented and expanded it's reclaimed water transmission system over the past four
yeazs, focusing on bringing reclaimed water for irrigation to golf courses and other high flow users in
the southwest quadrant of the City. Customers currently on line include the Delray Beach Municipal
Golf Course, The Hamlet Golf Course and the Fairways and Cleazbrook subdivisions. Additional
connections planned for this yeaz include Atlantic High School and Lakeview Golf Course. The Area
4 project will provide approximately 650,000 gallons per day of reclaimed water for irrigation to the
Del Aire Golf Course, removing that irrigation demand from the ground water resource. The City was
awazded an Alternative Water Supply Grant in the amount of $619,700 eazlier this yeaz to provide
supplemental funding for this project. The project will be bid in December and construction will be
complete by August, 2008. The current project construction cost is estimated at $1,771,000. It should
be noted that while the grant is currently funded at the awazded level, ongoing state budget activity
could negatively impact that funding.
FUNDING SOURCE
Funding for the City's portion of the project cost is available in Water & Sewer account #441-5181-536-
65.96, Reclaimed Transmission Main.
RECOMMENDATION
Staff recommends Commission authorize the Mayor to execute the Alternative Water Supply Grant
agreement with South Florida Water Management District.
RESOLUTION N0.69-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, APPROVING THE SFWMD 2007-2008
ALTERNATIVE WATER SUPPLY FUNDING PROGRAM AGREEEMENT
AND AUTHORIZING THE EXECUTION OF THE AGREEMENT.
WHEREAS, THE City of Delray Beach, Florida desires to approve the SFWMD
2007-2008 Alternative Water Supply Funding Program Agreement; and
WHEREAS, the City Commission authorizes the execution of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth
herein.
Section 2. The City Commission of the City of Delray Beach authorizes the
entry into the SFWMD 2007-2008 Alternative Water Supply Funding Program
Agreement and authorizes the execution thereof by its Mayor.
PASSED AND ADOPTED in regular session on this 11~' day of December, 2007.
MAYOR
ATTEST:
City Clerk
FLORIDA WATER MANAGEMENT DISTRICT
November 19, 2007
Mr. Richard Hasko,
Director of Environmental Services
City of Delray Beach
434 South Swinton Ave.
Delray Beach, FL 33444
Dear Mr. Hasko:
Subject: Contract # 4600001231
FY2008 AWS-Projects #LEC-41
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,
Betty aye~1r~~~
Senior Contract Specialist
Procurement Department
bthayer@sfwmd.gov
(561)682-6011
FAX: (561 } 682-5117
BT fjcs
Enclosure
c: Mark Elsner MSC-4360
~~~~~.
3301 Gun Qub Road West Palm Beach Florida 33406 (561) 686-8500 FL WA151-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach Fl. 3341613680 wwrvsfwmd.gov
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
- r%,t 2007 - 2008 ALTERNATIVE WATER SUPPLY
FUNDING PROGRAM
Recipient: City of Delray Beach
Recipient's Project Manager:
Richard Hasko
Director of Environmental Services
Address: 434 South Swinton Ave
Delray Beach, FL 33444
Telephone No: (561) 243-7336
Fax No: (561) 243-7060
SFWMD Project Manager: Mark E:
Telephone No.: (561) 682-6156
E-mail Address: melsner@sfwmd.gov
Fax No. (561) 682-5242
Contract Specialist: Betty Thayer
Telephone No.: (561) 682-6011
Fsa No.: (561) 682-5117
Address:
3301 Gun Club Road
West Palm Beach, FL 33406
Insurance: Not Applicable
Project Title: FY2008 AWS -Project # LEC-41
Description: South Central Regional Wastewater Treatment Plant (SCRW WTP) Regional Reclaimed Water
Svstem: Part 2 of 3: Citv of Dekav Beach Area 4 Reclaimed Water Distribution Svstem
Agreement No. 4600001231, Page 1 of t 1
This Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, 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 I -PROJECT
1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct 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 deliverables 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 aze incorporated herein:
Exhibit A Statement of Work
Exhibit B Payment and Deliverable Schedule
Exhibit C Reporting Form
Exhibit D FederaUState Funding Resources
ARTICLE 2 -TERM OF THE AGREEMENT
2.1 The period of performance of this Agreement shall be the dates noted on the first page of
this Agreement.
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 the Project required by this Agreement, the District shall pay the
Recipient the funding amount as specified on page one of this Agreement. Such amount
is not to exceed the specified amount and therefore, no additional consideration shall be
authorized. The Recipient shall provide at feast sixty percent (60%) of the Project's
construction cost, unless a different amount is authorized pursuant to s. 373.1961(3)(e),
Florida Statutes. The District will make funding payments only to reimburse for work
completed between October I, 2007 and August 29, 2008.
Agreement No. 4600001231, Page 2 of 1 I
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,
guaraaty 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
research, design and permitting aspects of the Project. District funds shall only be used for
the construction activities described in Exhibit "A".
3.4 The Recipient agrees to reimburse the District funds provided through this Agreement
for facilities (i.e. test/production wells, etc.} that do not become an operational component
of the overall alternative water supply facility within the timeframe established in the
proposal. Notwithstanding anything in this Agreement to the contrazy, this paragraph shall
remain in full force and effect for ten (10) years from the date of contract execution.
3.5 Notwithstanding any provisions of this Agreement to contrary, the District reserves the
right, without financial or other penalty or obligation, to (1) cancel this contract and/or (2)
reduce the amount of funding to be provided by the District pursuant to this Agreement in
the event that the District does not receive all or any part of the $18,000,000 state
appropriation for alternative water supply from the State of Florida as provided in the
State's 2008 fiscal year budget (SB 2800/Ch. 2007-72, Laws of Florida). The Recipient
shall indemnify and hold the District, its officers, directors boazd members, agents assigns
and employees, from liability, claims, damages, losses or costs should the District cancel
this Agreement or reduce the funding amounts in this contract pursuant to this paragraph.
ARTICLE 4 -FUNDING PAYMENTS AND REPORTING
4.1 The District shall make payment to the Recipient upon completion. and acceptance of the
final deliverable(s) as described in the "Payment and Deliverable Schedule", attached
hereto as Exhibit "B". On or before August 29, 2008, the Recipient shall provide a
completed Project Summary Final Report, attached hereto as Exhibit "C". Concurrent with
delivery of the final deliverable(s), the Recipient shall provide certification that all
construction 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
PO Box 24682
West Palm Beach, FL 33416-4682
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 an
Agreement No. 4600001231, Page 3 of 11
electronic copy of each invoice to the Project Manager. The Recipient invoices shall
contain the backup documentation necessary (e.g., contractor invoices) for the Project
Manager to be able to ascertain clearly that each final deliverable in the invoice has been
substantially complete.
4.3. Upon completion of the Project, any data that was generated during the performance of the
Project shall be submitted to the District upon request.
New Well Construction Projects: For projects involving construction of new wells, the
Recipient shall:
1. Submit design of well construction and testing programs to the District for review and
comment prior to implementation. The Recipient shall integrate the District's
comments into the final testing plan where feasible.
2. Submit ail pertinent well information collected during well construction and testing
(i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available.
Submissions shall be provided electronically as specified by the District.
3. If the final location of the well(s) varies from the original location specified in the
Consumptive Use or other permit or permit applications, the Recipient shall provide
the Project Manager with written proof that the appropriate permitting agency contact
is aware of and agrees with the changes.
The data shall be azchived in the District's permanent database and available to the public.
Please contact Emily Richardson (561) 682-6824, Emily.Richazdsonnn.sfwmd.gov, for
instructions on submitting data.
4.4 The Recipient shall provide to the District regulaz project update/status reports by
December 1, 2007, Februazy 1, 2008; April 1, 2008; and June 1, 2008. Reports shall
provide detail on the progress of the Project and outline any potential issues affecting
Project completion or overall schedule. Status reports may be submitted in any form agreed
to by District project manager and the Recipient, and may include emails, memos, and
letters.
4.5 In accordance with Section 373.0361 (7) (b) of the Florida Statutes, the Recipient shall
provide an annual status update to the District detailing the progress of the Project.
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 shall 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 forwazded to the attention of both
Agreement No. 4600001231, Page 4 of I 1
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.
If the Recipient materially fails to fulfill its obligations under this Agreement, the District
will provide written notice of the deficiency by forwazding 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 shall
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 shall 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 shall 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 shall determine that such termination is in
the best interest of the District. Any such termination shall 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 shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and consequenfial 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.
Agreement No. 4600001231, Page 5 of 11
63 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.
6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right
to terminate this Agreement immediately without notice in the event any of the
representations contained in the Recipient's project proposal are found to be false or if the
Recipient fails to complete the construction and performance of all work items described
in Exhibit A, Statement of Work.
ARTICLE 7 -RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall 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 designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) yeazs from the date of final payment under this Agreement
and upon reasonable notice, time and place.
C. Extended Availability of Records for Leeal Disnutes. 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 this Agreement until the final disposition of the legal dispute. All such
records shall be made readily available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
7.2 Whenever the DistricNs contribution includes state or federal appropriated funds, the
Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above,
maintain records and similarly require each subcontractor to maintain and allow access to
such records in compliance with the requirements of the Florida State Single Audit Act and
the Federal Single Audit Act, as follows:
Agreement No. 4600001231, Page 6 of 11
A. Maintenance of Records: The District shall provide the necessary information to the
Recipient as set forth in Exhibit "D."
B. The Recipient shall maintain all financial/non-financial records through:
(]) Identification of the state or federal awazding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and applicable rules of the Executive Office of Governor, rules of the
Chief Financial Officer and rules of the Auditor General and the State Projects
Compliance Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal
laws and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as
completed per fiscal yeaz
C. Examination of Records: The District or designated agent, the state awazding agency,
the state's Chief Financial Officer and the state's Auditor General and/or federal
awazding agency shall have the right to examine the Recipient's financial and non-
financial records to the extent necessary to monitor the Recipient's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which
may include onsite visits and limited scope audits.
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 regazding 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 of the 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.
Agreement No. 4600001231, Page 7 of I I
8.4 Pursuant to Section 216.347 of the 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 has obtained, 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. The
Recipient agrees to comply with the terms and conditions of all permits.
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 effectuate these assurances.
8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been
placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to
provide any goods or services related to the construction of the Project contemplated
herein. Recipient also assures that it is not on the District's Suspension of Contractors
List. Recipient agrees to include a provision to this effect in all requests for proposals and
subcontracts related to construction of this Project.
8.8 A Recipient who operates a public water supply utility shall, by June 1, 2008 adopt a rate
structure that will promote the conservation of water and promote the use of water from
alternative water supplies and shall provide the District with a copy of such adopted rate
structure on or before August 29, 2008.
8.9 Recipient of funds for a reuse project shall provide a status report by August 29, 2008
addressing the following issues: (1) accounting of reclaimed water usage and method used
(meters, etc.); (Z) all rates and chazges for reclaimed water; (3) the status of implementing
public education programs to inform the public about water issues, water conservation and
the importance and proper use of reclaimed water; and (4) providing the District with the
location of each reuse facility owned by the Recipient.
8.10 This pazagraph shall remain in full force and effect for twenty (20} yeazs from the date of
contract execution. After construction is completed on the Project, the Recipient shall
continuously operate the Project as described in the Project proposal and consistent with
the applicable water use permit(s). In the event the Project is not operated in accordance
with these requirements, the District may cease funding for this Project and any future
Projects proposed by the Recipient. All other provisions of this contract shall terminate on
September 30, 2008.
8.11 Recipient shall implement a public education program to inform the public about the
environmental and other public benefits of the Alternative Water Supply project and shall
provide the District with a copy of such public education program on or before August 29,
2008.
Agreement No. 4600001231, Page 8 of 11
ARTICLE 9 -INDEMNIFICATION AND INSURANCE
9.1 For value received, which is hereby acknowledged, the Recipient sha[1 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 shall 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 aze 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 shall be null and 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 azises 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 No. 4600001231, Page 9 of 11
Agreement specifies that performance by the Recipient is specifically required during the
occurrence of any of the events herein mentioned.
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 refereed
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/public awareness media shall be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements arising
out of this award shall 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.
11.8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
Agreement No. 4600001231, Page 10 of 11
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:
By:_~(~~,~/.X ~T Date: ~~ l9 D
SFWMD Office of Counsel Approved:
By:.
Entity's Legal Name:
By Authorized Official:
Printed Name:
Agreement No. 4600001231, Page 1 I of 11
Exhibit ~°A"
Statement of Work
Area 4 Reclaimed Water Distribution System, Part 2 of 3
City of Delray Beach
A. IntroductionBackground
The City of Delray Beach (City) has established new alternative water resource goals in conjunction with
renewal of the City's water treatment plant water use permit. Implementation of a reclaimed water
system will reduce demands on both the surficial aquifer and on the City's potable water system.
The City's reclaimed Water Master Plan completed in November 2003 identifies "Area 4" as the third
phase of City's total reclaimed water system, which will provide up to 1.163 million gallons per day
(MGD) of additional reclaimed water use. The City plans to implement other phases of the Master Plan
on a continual basis over the next 5 to 10 years. The Reclaimed Water Master Plan is consistent with the
City's comprehensive plan, which specifically encourages more reuse of effluent from the wastewater
treatment plant.
B. Objectives
The objective of this project is to implement the third phase of the reclaimed water system within the City
of Delray Beach and to promote up to 1.163 MGD of additional reclaimed water use.
C. Scope of Work
The City of Delray Beach will construct an Area 4 reclaimed water transmission system consisting of
approximately 4,300 linear feet of 24-inch reclaimed water main, 2,700 linear feet of 16-inch water main
and associated piping and valves tc serve the Delaire Country Club golf course.
D. Work Breakdown Structure
The work breakdown structure associated with this project is described below. Note that if the project is
completed prior to the due date of a Status Report (Tasks 1-4), then the Status Report shall be replaced by
the Final Report and subsequent Status Reports shall not be required.
Task ] -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.
Delivery Date: December 1, 2007
Task 2 - Stams 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.
Delivery Date: February I, 2008
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.
Delivery Date: April 1, 2008
Page 1 of 2, Exhibit "A" to Agreement No. 4600001231
Task 4 -Status Report: Recipient shall submit to the project manager a status report summazizing
progress made to date, issues of concern potentially affecting project performance, and any other
information pertinent to the project.
Delivery Date: June 1, 2008
Task 5 - Recipient shall construct approximately 4,300 lineaz feet of 24-inch reclaimed water main and
associated piping and valves from Linton Boulevard to Lake Worth Drainage District (LWDD) Drainage
Lateral No. 37.
Delivery Date: August 1, 2008
Task 6 - Recipient shall construct approximately 2,700 linear feet of 16-inch reclaimed water main and
associated piping and valves from LWDD Drainage Lateral No. 37 to Delaire Country Club.
Delivery Date: August 1, 2008
Task 7 -Final Report: Recipient shall submit to the project manager a Final Project Report
summarizing all work performed during the course of the project.
Delivery Date: August 1, 2008
Page 2 of 2, Exhibit "A" to Agreement No. 460000!231
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
• The schedule set forth below is based on a one (1) year agreement from October 1, 2007 to
September 30, 2008.
• Total payment by the District to Delray Beach shall not exceed the amount of $619,700. Payment
shall be made following receipt and acceptance by the District of project deliverables in accordance
with the schedule set forth below. The Recipient hereby agrees to provide the District all
deliverables, data, and information described in the Statement of Work.
• Invoices for completed deliverables shall be submitted to the District for payment by August 29,
2008. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as
soon as a deliverable has been completed.
• Reporting requirements are also part of this exhibit. The Recipient shall provide regular project
update/status reports by December 1, 2007; February 1, 2008; April 1, 2008; and June 1, 2008-
Reports will provide detail on the progress of the project and outline any potential issues affecting
project completion or overall schedule. Status reports may be submitted in any form agreed to by the
District Project Manager and the Recipient, and could include emails, memos, and letters.
• 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-
~ _ - _
u -}..~ _ ~. _ --
1 Status Report N/A December 1, 2007 N/A
2 Status Report N/A February 1, 2008 N/A
3 Status Report N/A April 1, 2008 NIA
4 Status Report N/A June 1, 2008 N/A
Construction of approximately 4,300
linear feet of 24-inch reclaimed water August 29, 2008
N/A
200
$428
5 main and associated piping and valves ,
from Linton Boulevard to LWDD
Draina a Laterel No. 37.
Construction of approximately 2,700
linear feet of 16-inch reclaimed water
6 main and associated piping and valves August 29, 2008 N/A $191,500
from LWDD Drainage Lateral No. 37 to
Delaire Count Club.
7 Final Project Report N/A August 29, 2008 N/A
TOTAL DISTRICT PAYMENT $679,700
Total construction Cost This Phase $1,670,000
• The deadline for the final invoice submittal is August 29.2008. However, this invoice could be submitted before
August 29, 2008
' Final payment is based on the total estimated construction cost this phase. An actual cost less than the estimated
cost may result in a reduced final payment.
If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the
course of drilling and testing, in the SFWMD specified format- An electronic cropy of the SFWMD specked format is
available via email. Contact the appropriate SFWMD Project Manager to request one.
Page 1 of t, Exhibit "B" to Agreement No. 46 00001 23 1
EXHIBIT "C"
REPORTING FORM
Project Name
Project Summary Final Report - FY 2008
Project Manager
SFWMD Contract Number Project Owner
Describe Project constructed:
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nt F ~.,{Al~h.~ F t `~ `j+pv Y..y -5. w Y~ .. .. '~ $ ~:t ~ %i a_1 '?,'t 4'~l! ~'.-.Ha ~ ~ F`t C~wv F:i:~ r 3 <~'~
Type of
Alt
ti
W
t Quantity of Water Made Available
GD) U on Com letion of This Phase
Construction Duration
erna
ve
a
er
Supply Pro osed- Actual Start Finish
n'i1i 1 '' x-21} ~~{ y`.; 1 ~ n
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Pro osed this Actual this
Total Construction Cost -This Phase $ $
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District fundin this hase $ $
Local funds $ $
Other funding source
From: $ $
TOTAL
Attach map and photo(s) of project on CD, if available. The District will make funding payments only to
reimburse for work completed between October 1, 2007 and August 29, 2008.
To the best of my knowledge, the above information is correct
Chief Financial Officer
Project Manager
Page 1 of 1, Exhibit "C" to Agreement No. 4600001231.
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EXHIBIT A
AREA 4 RECLAIMED TRANSMISSION MAIN