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HomeMy WebLinkAboutIII(G) Approval And Authorization For Mayor And City Clerk To Execute Cost Share Agreement Between The City And The St. Johns River Water Management District Re: Reclaimed Water Pumping Facility Agenda 6-19-2001 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" IMAYORI COMMISSIONER _ _ 1 OCO@A S.SCOTT VANDERGRIFT ti\-01.. CITY OF OCOEE COMMISSIONERS CI 150 N.LAKESHORE DRIVE DANNY HOWELL SCOTT'ANDERSON RUSTY JOHNSON OCOEE,FLORIDA 34761-2258 no �� (407)905-3100 NANCY J.PARKER P.O Goo' CITY MANAGER JIM GLEASON MEMORANDUM DATE: June 13, 2001 TO: The-Honorable Mayor and Board of City Commissioners • FROM: James W. Shira, P.E:, City Engineer/Utilities Director�'l SUBJECT: SJRWMD Alternative Water Supply Cost Sharing Program SJRWMD/ Ocoee Cost Share Agreement As part of the construction of the Maguire Road widening project, we included a major reclaimed water main along the length of Maguire Road from Roberson to Professional Parkway. On April 17, 2001 the City Commission approved an agreement between the City of Ocoee, Orange County and-the City of Orlando for the supply and use of reclaimed water from the Consery II system.This is the reclaimed water supply for the reclaimed water main on Maguire Road. Because the pressure in the Consery II reclaimed water system varies significantly, we recognized that a re-pump station would be needed in order to assure adequate pressure for residential and commercial irrigation systems. We approached the St. Johns River Water Management District to see if this proposed re-pump station would qualify for partial funding under their Alternative Water Supply Cost Sharing Program, and were pleased to learn that we have been granted $50,000 by the District for this important project. We have preliminary estimates of cost for this re-pump facility, and anticipate a construction cost of approximately 1.2 million dollars. This is consistent with the anticipated costs,and funding that were included as part of the 1997 bond issue. Upon completion of construction, this Cost Share Agreement will entitle the City to reimbursement of$50,000 of our construction cost. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Cost Share Agreement between the City of Ocoee and the St. Johns River Water Management District. JWS/jbw Attachment pow!, Prcii0t643iaYi'atei.tolyites.. COST SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT CITY OF OCOEE PURSUANT TO DISTRICT'S ALTERNATIVE WATER SUPPLY COST SHARING PROGRAM Contract#SE433AA RECIPIENT: City of Ocoee 150 North Lakeshore Drive Ocoee,FL 34761 Attn: Scott Vandergrift DISTRICT ADMINISTRATOR: B. Florence DISTRICT CONTRIBUTION: $50,000 RECIPIENT CONTRIBUTION: $50,000 AGREEMENT PERIOD: August 1, 2001 to November 30,2002 Purpose of Agreement: This cost share agreement is authorized by the St. Johns River Water Management District ("DISTRICT") from funding designated for identification and use of alternative water supplies, including reclaimed water. 1. Scope of Project: RECIPIENT will commence work within fifteen (15) days after approval is received from District's Project Manager to begin, prosecute the work diligently, and complete the entire work in accordance with Exhibit "A" (attached), "Alternative Water Supply Construction Cost Sharing Project Description," and will be completed within the time frames specified above unless extended in writing by DISTRICT. 2. Permits: A fifteen (15) day period has been included in the time allotted for completion to allow for mailing of the AGREEMENT, RECIPIENT submission of proof of all required permits, and any other documentation required by District's Project Manager. Any work completed without proper peanuts will not be considered in compliance with this AGREEMENT, and will not constitute as work performed under this AGREEMENT. RECIPIENT acknowledges understanding that any work not properly permitted prior to implementation will not be approved for invoicing to the DISTRICT, and that RECIPIENT may be fined per appropriate regulatory channels and/or may be required to remove said unauthorized construction. 1 Contract#SE433AA City of Ocoee 3. Legislative Requirements: The Florida Legislature requires recipients of funds granted through this program to meet several specific conditions. The RECIPIENT must provide DISTRICT with written assurance of its continued qualification under these requirements with submittal of invoice or forfeit funding. Details concerning these requirements appear in Subsections 373.1961(2)(b) and (c), F.S. 4. Status Report: RECIPIENT shall submit a brief final project report summarizing the project to DISTRICT's Project Manager, who is the Administrator, or his designee, describing the activities of the project. 5. Records: RECIPIENT shall maintain its books and records in such a manner that the receipts and expenditures of the cost share funds will be shown separately from other expenditures in an easily checked form. RECIPIENT shall keep the records of receipts and expenditures of cost share funds, copies of all reports submitted to DISTRICT and copies of all support documentation for at least three (3) years after expiration of the Agreement period. In accordance with generally accepted governmental auditing standards,DISTRICT shall have access to and the right to examine any directly pertinent books, documents, papers, and records involving transactions related to this Agreement. 6. Liability and Insurance: Each party to the agreement is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. The parties further agree that nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available to such parties under the laws of the State of Florida, nor as a waiver of sovereign immunity of the State of Florida beyond the waiver provided for in Section 768.28, Fla. Stat. Each party shall acquire and maintain throughout the term of this agreement such liability and automobile insurance as required by their current rules and regulations. 7. Payment of Funds: Approved funds shall be paid to RECIPIENT by DISTRICT in one (1) payment following completion of project. Payment will be made following submission and approval of the invoice, including proper documentation, from RECIPIENT and verification of satisfactory completion of project by DISTRICT's Project Manager, B. Florence.Invoice shall include receipts from contractors and/or suppliers for the specified construction expenditures, and verification of project complying with local and state building requirements, including verification of permits needed. Once all required documentation is received, and determined to be complete and correct, by DISTRICT Project Manager, the DISTRICT will remit an amount not to exceed $50,000.00 (50% reimbursement of identifiable costs) to RECIPIENT within thirty (30) days. Invoice shall be submitted to the Director, Division of Financial Management, P.O. Box 1429, Palatka, Florida 32178-1429. Disbursements due and unpaid under this Agreement shall not bear interest. The provisions in this Paragraph relating to payment of funds shall supercede any other contract provision or attachments contained in this contract. 2 Contract#SE433AA • City of Ocoee 8. Repayment of Funds: Funds shall be subject to repayment by the RECIPIENT after expiration of the Agreement term if, upon a post-project audit examination, DISTRICT finds RECIPIENT has spent funds for purposes other than those specified in Exhibit"A." 9. Termination of Agreement: This Agreement may be fully or partially terminated upon ten (10) days written notice to RECIPIENT. 10. Non-lobbying: Pursuant to Section 216.347, Fla. Stat. (as amended), RECIPIENT agrees that funds received from DISTRICT under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 11. Governing Law: This Agreement shall be construed according to the laws of the State of Florida. In the event of litigation between the parties arising from or pertaining to this Agreement, the prevailing party shall be entitled to recover from the other, reasonable trial and appellate attorney's fees and costs. This Agreement is entered into on ,2001, by the Executive Director of the St. Johns River Water Management District, whose address is Post Office Box 1429, Palatka, Florida 32178-1429, and City of Ocoee,150 North Lakeshore Drive, Ocoee,FL 34761. ST. JOHNS RIVER WATER CITY OF OCOEE MANAGEMENT DISTRICT By: By: Henry Dean,Executive Director Scott Vandergrift,Mayor Attest: Attest: Typed Name and Title (SEAL) APPROVED BY THE OFFICE OF GENERAL COUNSEL John W.Williams,Deputy General Counsel St. Johns River Water Management District 3 Contract#SE433AA City of Ocoee EXHIBIT "A" CITY OF OCOEE ALTERNATIVE WATER SUPPLY CONSTRUCTION COST SHARING PROJECT DESCRIPTION I. BACKGROUND St. Johns River Water Management District (SJRWMD) is a regulatory agency responsible for all phases of water management in all or part of 19 northeastern Florida counties, including that part of Putnam County in which the business owned by CITY OF OCOEE is located. SJRWMD has been working to find alternative sources of water to supply the increasing demands placed on natural supplies of freshwater. In response to the requirements of Subsection 373.1961(2), Florida Statutes, SJRWMD makes Alternative Water Supply Matching Grant Program available to water suppliers and users, including local governments; water, wastewater and reuse utilities; industrial and agricultural water users; and other public and private water users. CITY OF OCOEE desires to construct a reclaimed water distribution system for irrigation of public areas and residential yards along the Maguire Road corridor. The pressure in the CONSERV II main averages 40-60 psi. In order to provide consistent pressure, this project will construct a pressure boosting pump station that will draw from the CONSERV II main, and discharge to Ocoee's reclaimed water distribution system at higher pressures. II. OBJECTIVE The objective of this agreement is to provide for cost sharing with CITY OF OCOEE to partially finance the construction of a reclaim water distribution system. This agreement specifies both the responsibilities of CITY OF OCOEE with respect to the construction of the project and SJRWMD in the administration of cost sharing funds. 4 Contract#SE433AA City of Ocoee III. PROJECT DESCRIPTION The project shall consist of the construction of supply and discharge piping, and construction of a pressure boosting station. The site is expected to be just north of the intersection of Maguire Rd. and Moore Rd. and is expected to be approximately one acre in size. The pumping apparatus will be installed in an enclosed pump building that is anticipated to be approximately 2000 square feet in size. The pumping apparatus will consist of one or more split case horizontal centrifugal pumps. Project will also include a 0.5 MG ground storage tank. Item Quantity Units Unit Cost Total 100-HP-High Service Pumps 2 EA $50,000 $100,000 Pump and Equipment Building 2000 SF $90 $180,000 Electrical Equipment 1 LS $100,000 $100,000 Site Work/Yard Piping 1 LS $60,000 $60,000 0.5 MG Storage Tank 1 LS $325,000 $325,000 Hypochlorite Facilities 1 LS $60,000 $60,000 Offsite Piping 300 LF $100 $30,000 Contingency 1 LS $171,000 $171,000 TOTAL COST $1,026,000 The project includes all necessary appurtenances to make the system operational. Detailed construction documents (plans and specifications) for the project, as provided by the applicant, are considered to be part of this contract. IV. CONSTRUCTION SCHEDULE AND COST SHARING PAYMENT SCHEDULE Construction of this project shall commence on or about August 1, 2001. No cost sharing payment shall be made by SJRWMD for any work or materials billed prior to that date. Construction of this project shall be completed and the CITY OF OCOEE shall request payment from SJRWMD of cost sharing funds, no later than the end of the Agreement period. 5 Form -9 I Request for Taxpayer ( Give form to the (Rev.November 1000) identification Number and Certifiiation • requester. Do NOT Dep:rmentortheTreesw send to the]R5_ Intents pevetn,e SafveeI Na;IJ (If at NhIL et.t.uwIL ul yuu vl,aajei yuur,Id;;R:, COS Slitcii C II134Li-+0I)3 Or"F.46C a.) y 1 Cu:inee:n_me,iF ditraront from oh:vc.=cc Spcoino lmentetiora on pogo Z.) az G. i ^r+cck appropriate tier: ❑ Individual/Solo protxioior ❑ Corporation Partnership n Other P. -- m Adores fnurnber,street,ana apt_or state no.) I Requester's Flame and edtlrrss(optional) a .a a . City,state.and ZIP cods Patti; Taxpayer Identification Number (TIN) 1 Us:account nun er(s)here(optional) Enter your TIN In the appropriate box. For individuals. this is your Social security number Social security number 71(SSN). However,If you are a resident alien OR a I I sole proprietor. see the insttottions on page 2 I 'r I T I For other entities, it is your employer �R FaItIr For Payees Exempt From Backup identifition number(ElN).If you do not haves Withholding(See the instructions number,occ How to get a TIN on pogo 2. Employer identification number on page 2.) Note:If the account is in more than ohs name, see the chart on page 2 for guidelines on whose I LIII III number to enter. 0- :Pout_tll. Certification ' Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I ern waiting for a number to be issued to me).and 2. I am not subject to backup withholding because: (a)I am exempt from backup'withholding, or (b)I have not been notified by the Internal Revenue Service(IRS) that I am subject to backup withholding as a result of a failure ta report all Interest or dividends,or(c) the IRS has notified mo:hot I am no longer cubjoct to backup withholding. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you arc currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estaM transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancelation cf eebt contributions to an Individual retirement arrangement ORA),and generally,paymens other than interest and dividends,you are not required to sign the Certification,but you must furwirfa yftir rnrmnr TIN. (Sae rho Irnsrnlrriona in pare 7.) Sign Warn Signature h, Date ).• Purpose of form.A person who is What is backup withholding?Parsons E.You do not certify to the requester ttyuiiexi to file eft ifINIII10ti0t7 ICL0III will IIIOkiii9 L Itoill iiielite to yuu:nunu dietyuu aru not aubject to backup the IRS must get your correct taxpayer withhold and pay to the IRS 319E of such withholding under 3 above(for reportable identification number cnN) to report,for payments under certain conditions.This Is interest and dividend accounts opened example, income paid to you, reel estate called "backup withholding,"Payments after 1983 only). transactions,mortgage interest you paid. that may be subject to backup withholding Certain payees and payments are acquisition or abandonment of secured Include interest.dividends, broker and exempt from backup withholding. See the property, Cancellation of debt, or bailer exchange transactions,rents, Part II instructions and the separate contributions you made to an IRA. royalties, nonemployee pay,and certain Instructions for the Requester of Form Use Form W-9, If you are a u.s.person peymcnm from fishing boot operators. Real w-3. (including a residers alien),to give your estate transactions are not subject to correct TIN to the person requesting it(the backup withholding, Penalties requester)and,when applicable,to: If you give the requester your correct Failure to furnish TIN.If you fail to furnish 1. Certify the TiN you are giving is TIN.make the proper certifications,and your correct TiN to a requester, you are Culls.t(Cl you ere uYeitiilg for a nuiilltw to report ail your taxable Interest and subject to a penalty of S50 for each soon be issued), dividends on your tax return, payments failure unless your failure is due to 2. Cetify you are not subject to backup withholu ding.Paly,oients yourreceive:to will ti up reasonable cause and not to willful neglect. withholding, or subject to backup withholding If: Civil penalty for false Information with 3, Claim exemption from backuprespect to withholding.If you make a P 1.You do not furnish your TIN hi the False statement with no raoaonnble bests wltnt oldfng If you are an exempt payee, requester, or that results in no backup withholding,you If you are a foreign person. IRS prefers 2,You do not Certify your TIN when are subject to a $500 penalty. you use a Form 111/4 (certificate of foreign required (see Me Part III instructions on statUS).After December 31,2000, foreign Criminal penalty roe falsifying page 2 for details),or information.Willfully falsifying persons must use an appropriate Form fyi g W_0. 3 The IRS tolls the requester that you conifleationc or affirmations may subject Note:if a regtrPzter gives you a form other furnished an incorrect TIN, or you to criminal penalties including fines than Form W-9 to request your TM,you 4.The iRS tells you that you are subject and/or imprisonment. must use the requester's form if it isto backup wlthnoiding because you did not Misuse of TiNs.If the requester discloses substantially similar to this Form W-9. report all your interest and dividends on or uses TINs in violation of Federal law, the your tax return (for reportable interest ano requester may be subject to civil and dividends only), or criminal penalties. Cal.pier 10221X Form Utl-e (Rev.11-00)