HomeMy WebLinkAboutEmergency Item - Accept Grant Award from SJRMD for Lake Prima VistaWer
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AGENDA
Meeting Date: December 1, 2020
Item #
Reviewed By:
Contact Name: Stephen C. Krug Department Director:
Contact Number: 6002 City Manager:
Subject: Accept Grant Award from St. Johns River Water Management Mstrict for Lake Prima
Vista Sediment Nutrient Inactivation. 'Commissioner Wilsen, District 2.
Background Summary:
The City has been working with the Florida Department of Environmental Protection under a Nutrient
Reduction 4e program to treat elevated nutrient concentrations in Lake Prima Vista. The Commission
acknowledged at the April 21, 2020 meeting the award of a cost-sharing grant from St. Johns River
Water Management District (SJRWMD) for the Fiscal Year 2020-2021 Districtwide Cost -Share Program
to address the lake conditions. The City was awarded the maximum 33% cost sharing funding at
$42,336.00, which became available October 1, 2020. Public Works is requesting Commission
authorization to accept the grant as the City's $85,956.00 share of the funding for this lake treatment
has been adequately funded in the 2020/2021 Stormwater budget. The approval of the sediment
treatment contract work will be brought back before the Commission at a future meeting.
Issue:
Commission acceptance of the cost -share grant award from the St. Johns River Water Management
District for the Lake Prima Vista Sediment Nutrient Inactivation treatment.
Recommendations:
Recommend acceptance of the St. Johns River Water Management District cost -share grant of
$42,336.00 for the Lake Prima Vista Sediment Nutrient Inactivation project and for the Mayor and City
Staff to execute the agreement.
Attachments:
St. Johns River Water Management District Cost -Share Agreement.
Financial Impact:
The City's portion of the work has been adequately funded in the 2020/2021 Stormwater Division
budget.
Type of Item: (please mark with an 'x')
Public Hearing
For Clerk's Dept Use:
Ordinance First Reading
Consent Agenda
Ordinance Second Reading
Public Hearing
Resolution
Regular Agenda
x Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept
Review ed by
Rebecca Roberts, Finance Department
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N/A
N/A
N/A
Contract #36029
COST -SHARE AGREEMENT
BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF OCOEE
THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049
Reid Street, Palatka, Florida 32177, and CITY OF OCOEE ("Recipient"), 150 North Lakeshore Drive,
Ocoee, Florida 34761. All references to the parties hereto include the parties, their officers, employees,
agents, successors, and assigns.
RE CITALS
The waters of the state of Florida are among its basic resources, and it has been declared
to be the policy of the Legislature to promote the conservation, development, and proper
utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is
responsible for the management of the water resources within its geographical area.
The District 2020-2021 cost -share funding program is designed to fund the construction
of local stormwater management and alternative water supply projects as well as
conservation implementation projects. Its goals are to contribute to: (1) reduction in
water demand through indoor and outdoor conservation measures; (2) development of
alternative or non-traditional water supply sources; such as reclaimed water, surface
water, or seawater; (3) water quality improvements (for example, nutrient -loading
reduction in springsheds or other surface -water systems); and (4) water resource
development opportunities (for instance, increasing available source water through
expansion or development of surface -water storage). The current cost -share funding
program also recognizes the importance of providing funding opportunities for
construction of flood protection and natural -systems restoration projects, which are
important components of the District's core mission focus.
The District has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the water resources and one or more of the
District's missions and initiatives.
At its April 14, 2020 meeting, the Governing Board selected Recipient's proposal for
cost -share funding. The parties have agreed to jointly fund the following project in
accordance with the funding formula further described in the Statement of Work,
Attachment A (hereafter the "Project"):
Ocoee Lake Prima Vista Sediment Nutrient Inactivation Project
In consideration of the above recitals, and the funding assistance described below,
Recipient agrees to perform and complete the activities provided for in the Statement of Work,
Attachment A. Recipient shall complete the Project in conformity with the contract documents
and all attachments and other items incorporated by reference herein. This Agreement consists
of all of the following documents: (1) Agreement, (2) Attachment A — Statement of Work; and
(3) all other attachments, if any. The parties hereby agree to the following terms and conditions.
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Contract #36029
TERM; WITHDRAWAL OF OFFER
(a) The term of this Agreement is from the date upon which the last party has dated and executed the
same ("Effective Date") until July 31, 2021 ("Completion Date"). Recipient shall not commence
the Project until any required submittals are received and approved. Time is of the essence for
every aspect of this Agreement, including any time extensions. Any request for an extension of
time beyond the Completion Date must be made before May 1, 2021. Timely requests to extend,
for longer than six months, the Completion Date of the Agreement for projects whose District
contribution exceeds $100,000 may only be approved by the District's Governing Board.
Notwithstanding specific mention that certain provisions survive termination or expiration of this
Agreement, all provisions of this Agreement that by their nature extend beyond the Completion
Date survive termination or expiration hereof (e.g., delivery of a final report, will remain in full
force and effect after the Completion Date as necessary to effect performance).
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates 45 days after receipt by Recipient; provided, however, that
Recipient may submit a written request for extension of this time limit to the District's Project
Manager, stating the reason(s) therefor. Request for extension of time after the 45 days will be
denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied.
If granted, this Agreement shall be deemed modified accordingly without any further action by
the parties.
(c) If the project which is eligible for District reimbursement does not begin before June 30, 2021,
the cost -share agreement will be subject to termination and the funds subject to reallocation.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of
Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and
timely completion of the Project. Both workmanship and materials shall be of good quality. Unless
otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor,
and other facilities and equipment necessary to complete the Project. The District's Project Manager
shall make a final acceptance inspection of the Project when completed and finished in all respects.
Upon satisfactory completion of the Project, the District will provide Recipient a written statement
indicating that the Project has been completed in accordance with this Agreement. Acceptance of the
final payment by Recipient shall constitute a release in full of all claims against the District arising
from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not
assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING.
(a) For satisfactory completion of the Project, the District shall pay Recipient approximately 33% of
the total estimated cost of the Project, but in no event shall the District cost -share exceed $42,336.
The District cost -share is not subject to modification based upon price escalation in implementing
the Project during the term of this Agreement. Recipient shall be responsible for payment of all
costs necessary to ensure completion of the Project. Recipient shall notify the District's Project
Manager in writing upon receipt of any additional external funding for the Project not disclosed
prior to execution of this Agreement.
(b) "Project cost" includes those items expressly stated in the Statement of Work. Land acquisition,
engineering design, permitting, and solicitation costs are excluded. Project cost does not include
any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of
Work. Costs that are excluded will not be credited toward Recipient's cost -share.
(c) Cooperative funding shall not be provided for expenses incurred after the Completion Date.
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Contract #36029
5. PAYMENT OF INVOICES
(a) Recipient shall submit itemized invoices quarterly as per the Statement of Work, Attachment A
for reimbursable expenses by one of the following two methods: (1) by email to
acctpgy@sjrwmd.com (preferred) or (2) by mail to the St. Johns River Water Management
District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571. The invoices shall be
submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a
copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be
reimbursed for 100% of approved cost or the not -to -exceed sum of $42,336, whichever is less.
The District shall not withhold any retainage from this reimbursement. District reimbursement is
subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary
for audit purposes, Recipient shall provide additional supporting information as required to
document invoices.
(b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30.
Irrespective of the invoicing frequency, the District is required to account for all encumbered
funds at that time. When authorized under the Agreement, submittal of an invoice as of
September 30 satisfies this requirement. The invoice shall be submitted no later than October 30.
If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall
submit, prior to October 30, a description of the additional work on the Project completed
between the last invoice and September 30, and an estimate of the additional amount due as of
September 30 for such Work. If there have been no prior invoices, Recipient shall submit a
description of the work completed on the Project through September 30 and a statement
estimating the dollar value of that work as of September 30.
(c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion
Date; provided, however, that when the Completion Date corresponds with the end of the
District's fiscal year (September 30), the final invoice must be submitted no later than 30 days
after the Completion Date. Final invoices that are submitted after the requisite date shall be
subject to a penalty of ten percent of the invoice. This penalty may be waived by the
District, in its sole judgment and discretion, upon a showing of special circumstances that
prevent the timely submittal of the final invoice. Recipient must request approval for
delayed submittal of the final invoice not later than ten days prior to the due date and state
the basis for the delay.
(d) All invoices shall include the following information: (1) District contract number; (2) Recipient's
name, address, and authorization to directly deposit payment into Recipient's account (if
Recipient has not yet provided the District with a completed Direct Deposit Authorization form);
(3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's
Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the
cost schedule and other requirements of the Statement of Work); (7) Progress Report (if
required); (8) Diversity Report (if otherwise required herein). Invoices that do not correspond
with this paragraph shall be returned without action within 20 business days of receipt, stating the
basis for rejection. Payments shall be made within 45 days of receipt of an approved invoice.
(e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses,
travel expenses shall be drawn from the project budget and are not otherwise compensable. If
travel expenses are not included in the cost schedule, they are a cost of providing the service that
is borne by Recipient and are only compensable when specifically approved by the District as an
authorized District traveler. In such instance, travel expenses must be submitted on District or
State of Florida travel forms and shall be paid pursuant to District Administrative Directive 2000-
02.
(f) Payments withheld. The District may withhold or, on account of subsequently discovered
evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to
protect the District from loss as a result of: (1) defective work not remedied; (2) failure to
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Contract #36029
maintain adequate progress in the Project; (3) any other material breach of this Agreement.
Amounts withheld shall not be considered due and shall not be paid until the ground(s) for
withholding payment have been remedied.
(g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the
amount of funds that will be expended during each fiscal year as accurately as possible. The
Statement of Work, Attachment A, includes the parties' current schedule for completion of the
Work and projection of expenditures on a fiscal year basis (October 1 — September 30) ("Annual
Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount
during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide
a proposed revised work schedule and Annual Spending Plan that provides for completion of the
Work without increasing the Total Compensation. The last date for the District to receive this
request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a
District Supplemental Instruction Form incorporating the revised work schedule and Annual
Spending Plan during the then -current fiscal year or subsequent fiscal year(s).
6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party, its officers, employees and
agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing
contained herein shall be construed or interpreted as denying to any party any remedy or defense
available 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 §768.28, Fla. Stat., as amended. Each party shall acquire
and maintain throughout the term of this Agreement such liability, workers' compensation, and
automobile insurance as required by their current rules and regulations. If Florida Department of
Environmental Protection ("FDEP") funds will be used to fund all or a portion of the Agreement,
additional FDEP insurance requirements applicable to the Recipient are included in the insurance
attachment to the Agreement.
FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability,
which may include a single source or multiple sources, including, but not limited to: (1) ad valorem
tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida
Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for
a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole
discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should
the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years,
the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience
five days after receipt of such notice, or within such additional time as the District may allow. For the
purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending
on September 30.
8. PROJECT MANAGEMENT
(a) The Project Managers listed below shall be responsible for overall coordination and management
of the Project. Either party may change its Project Manager upon three business days' prior
written notice to the other party. Written notice of change of address shall be provided within five
business days. All notices shall be in writing to the Project Managers at the addresses below and
shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail;
(3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon
receipt. Notices via overnight courier are deemed delivered one business day after having been
deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and
received.
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DISTRICT
Sara Driggers, Project Manager
St. Johns River Water Management District
4049 Reid Street
Palatka, Florida 32177-2571
Phone: 386-312-2305
Email: sdrigger@sjrwmd.com
Contract #36029
RECIPIENT
Richard Campanale, Project Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, Florida 34761
Phone: 407-905-3170
Email: Richard. Campanale@ci.ocoee.fl.us
(b) The District's Project Manager shall have sole responsibility for transmitting instructions,
receiving information, and communicating District policies and decisions regarding all matters
pertinent to performance of the Project. The District's Project Manager may issue a District
Supplemental Instruction (DSI) form, Attachment C, to authorize minor adjustments to the
Project that are consistent with the purpose of the Project. Both parties must sign the DSI. A DSI
may not be used to change the District cost -share or percentage, quantity, quality or the
Completion Date of the Project, or to change or modify the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING.
(a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports
as provided in the Statement of Work. Reports will provide detail on progress of the Project and
outline any potential issues affecting completion or the overall schedule. Recipient shall use the
District's Project Progress Report form, Attachment B. Recipient shall submit the Project
Progress Reports to the District's Project Manager and District's Budget Analyst within 15 days
after the closing date of each calendar quarter (March 31, June 30, September 30 and December
31).
(b) Performance Monitoring. For as long as the Project is operational, the District shall have the
right to inspect the operation of the Project during normal business hours upon reasonable prior
notice. Recipient shall make available to the District any data that is requested pertaining to
performance of the Project.
10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this
Contract shall not constitute or be deemed a waiver of the District's right thereafter to enforce those
rights, nor shall any single or partial exercise of any such right preclude any other or further exercise
thereof or the exercise of any other right.
11. FAILURE TO COMPLETE PROJECT
(a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the
funds provided to Recipient pursuant to this Agreement. However, the District, in its sole
judgment and discretion, may determine that Recipient has failed to complete the Project due to
circumstances that are beyond Recipient's control, or due to a good faith determination that the
Project is no longer environmentally or economically feasible. In such event, the District may
excuse Recipient from the obligation to return funds provided hereunder. If the Project has not
been completed within 30 days after the Completion Date, Recipient shall provide the District
with notice regarding its intention as to completion of the Project. The parties shall discuss the
status of the Project and may mutually agree to revise the time for Project completion or the
scope of the Project. Failure to complete the Project within 90 days after the Completion Date
shall be deemed to constitute failure to complete the Project for the purposes of this provision.
(b) In the event the Project constitutes a portion of the total functional project, this paragraph shall
apply in the event the total functional project is not completed. In such event, the 90 -day
timeframe provided herein shall commence upon the date scheduled for completion of the total
functional project at the time of execution of this Agreement, unless extended by mutual
agreement of the parties. Paragraphs I I(a) and I I(b) shall survive the termination or expiration of
this Agreement.
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Contract #36029
12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement,
including any specific milestones established herein, the District may provide Recipient written notice
of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient
shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the
breach within the 30 -day period, the District shall issue a Termination for Default Notice terminating
this Agreement without further notice. In such event, Recipient shall refund to the District all fiends
provided to Recipient pursuant to this Agreement within 30 days of such termination. The District
may also terminate this Agreement upon ten days' written notice in the event of any material
misrepresentations in the Project Proposal.
Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or
be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies
for any subsequent breach or continued breach of this Agreement.
ADDITIONAL PROVISIONS (Alphabetical)
13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without
the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in
any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement
shall create a contractual relationship between the District and any of Recipient's contractors or
subcontractors.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and
expenditure of the fiends provided hereunder are shown separately from other expenditures in a
format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures,
copies of all reports submitted to the District, and copies of all invoices and supporting
documentation for at least five years after expiration of this Agreement. In accordance with
generally accepted governmental auditing standards, the District shall have access to and the right
to examine any directly pertinent books and other records involving transactions related to this
Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is
completed and all questions are resolved. Recipient will provide proper facilities for access to and
inspection of all required records.
(b) Repayment of Funds. District funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has
spent funds for purposes other than as provided for herein, including but not limited to
construction materials not used in the Project; (2) Recipient has failed to perform a continuing
obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the
same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been
paid funds in excess of the amount Recipient is entitled to receive under the Agreement; and/or
(6) Recipient has received more than 100% contributions through cumulative public agency cost -
share funding.
15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin, age,
handicap, or marital status.
16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA.
STAT. Recipient and any subcontractors understand and will comply with their duty, pursuant to
§20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection,
review, or hearing.
Contract #36029
17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any
issue, discrepancy, or dispute involving performance of this Agreement by submitting a written
statement to the District's Project Manager no later than ten business days after the precipitating
event. If not resolved by the Project Manager, the Project Manager shall forward the request to the
District's Office of General Counsel, which shall issue a written decision within ten business days of
receipt. This determination shall constitute final action of the District and shall then be subject to
judicial review upon completion of the Project.
18. DIVERSITY REPORTING. The District is committed to the opportunity for diversity in the
performance of all cost-sharing agreements, and encourages Recipient to make a good faith effort to
ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for
maximum participation as contractors. The District will assist Recipient by sharing information on
W/MBEs. Recipient shall provide with final invoice a report describing: (1) the company names for
all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing
period. The report will also denote if there were no W/MBE expenditures.
19. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be
construed more strictly against one party than against the other because it may have been drafted by
one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings
arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be
in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil
proceedings, the parties hereby consent to trial by the court and waive the right to jury trial.
20. INDEPENDENT CONTRACTORS. The parties to this Agreement, their employees and agents, are
independent contractors and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent contractors during and after
the term of this Agreement. Recipient is not a contractor of the District. The District is providing cost -
share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project.
Recipient is solely responsible for accomplishing the Project and directs the means and methods by
which the Project is accomplished. Recipient is solely responsible for compliance with all labor,
health care, and tax laws pertaining to Recipient, its officers, agents, and employees.
21. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or
employee of the District has any material interest, as defined in § 112.312, Fla. Stat., either directly or
indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any
such interest at any time during the term of this Agreement.
22. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, Recipient agrees that funds
received from the District under this Agreement shall not be used for the purpose of lobbying the
Legislature or any other state agency.
23. PERMITS. Recipient shall comply with all applicable federal, state and local laws and regulations in
implementing the Project and shall include this requirement in all subcontracts pertaining to the
Project. Recipient shall obtain any and all governmental permits necessary to implement the Project.
Any activity not properly permitted prior to implementation or completed without proper permits
does not comply with this Agreement and shall not be approved for cost -share funding.
24. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work; may
not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
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public entity; and may not transact business with any public entity in excess of the threshold amount
provided in §287.017, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months
following the date of being placed on the convicted vendor list.
25. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance
of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If
Recipient receives a public records request, Recipient shall promptly notify the District's Project
Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to
allow public access to all documents, papers, letters, or other materials related hereto and subject to
the provisions of chapter 119, Fla. Stat., as amended.
26. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and
license fees necessary for performance of the Project and shall defend all suits or claims for
infringement of any patent rights and save and hold the District harmless from loss to the extent
allowed by Florida law.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, or duly
authorized designee, and Recipient has caused this Agreement to be executed on the day and year written
below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the
corporation to be attached. This Agreement may be executed in separate counterparts, which shall not
affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties,
notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed
or inserted herein. This Agreement cannot be changed by any means other than written amendments
referencing this Agreement and signed by all parties.
ST. JOHNS RIVER WATER CITY OF OCOEE
MANAGEMENT DISTRICT
By:
Ann B. Shortelle, Ph.D., Executive Director, or designee
Typed Name and Title
Date: Date:
Attest:
Typed Name and Title
Attachments:
Attachment A — Statement of Work
Attachment B — Project Progress Report Form
Attachment C — District Supplemental Instructions Form
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� � .
Cost -Share Agreement Between the
St. Johns River Water Management District
and City of Ocoee
for the Lake Prima Vista Sediment Nutrient Inactivation Project
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,20 .
SHUFFIELD, LOWMAN & WILSON, P.A.
in
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA,
Rusty Johnson, Mayor
UAN
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
, 20
UNDER AGENDA ITEM NO.
Contract #36029
ATTACHMENT A - STATEMENT OF WORK
OCOEE LAKE PRIMA VISTA SEDIMENT NUTRIENT INACTIVATION
PROJECT
I. INTRODUCTION/BACKGROUND
The St. Johns River Water Management District (District) is continuing its Cooperative Cost Share
Initiative Program in Fiscal Year (FY) 2020-2021 to develop and implement resource and water supply
development projects and promote conservation. On April 14, 2020, the District's Governing Board
approved funding for Cooperative Cost Share projects. Each project selected for funding will have a
positive benefit to one or more of the District's core missions; including water supply, water quality,
natural systems or flood mitigation.
The City of Ocoee (Recipient) requested funding for their Lake Prima Vista Sediment Nutrient
Inactivation project (Project) for the not to exceed amount of $42,336, towards the estimated project cost
of $128,292. This request was approved by the Governing Board. The Recipient is located in Orange
County.
II. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable the Recipient to improve
water quality through inactivation of sediment nutrients using a combination of aluminum sulfate and
Phoslock. The goal of this project is to reduce water column total phosphorus concentration, improve
light transparency, inactivate sediment phosphorus, reduce algal growth, and encourage desirable
submersed aquatic vegetation.
III. SCOPE OF WORK
This project includes the application of alum and Phoslock in Lake Prima Vista to improve water quality
through inactivation of sediment nutrients. The estimated nutrient load reduction water quality benefit is a
one-time 359 lbs. of total phosphorus (TP) over a 5 -year period.
IV. PROJECT ADMINISTRATION AND DELIVERABLES
The Recipient shall be responsible for the following:
• Complete and obtain final project design, plans, and specifications;
• Obtain all required permits, including right of access to the project sites, related to project work;
• Assure compliance with all permits and permit conditions;
• Provide procurement for project;
• Perform supervision and inspection of project;
• Perform project contract administration;
• Assure compliance with cost accounting practices and procedures required for reimbursement of
cost share funds expended.
The Recipient shall provide the following to the District's Project Manager:
• Timely invoices for actual project costs in accordance with this cost share agreement (i.e.
quarterly, with appropriate substantiation that demonstrates that the applicant has paid for the
total work cost and is seeking reimbursement up to the match amount) to enable proper review by
the District's Project Manager prior to payment authorization. Deliverables to be submitted with
invoices include (as applicable):
Contract #36029
o Interim progress status summaries including inspections, meeting minutes and field notes
and dated color photographs of the project completed to include on-going work that
represents the time -period being invoiced;
o Final invoice submittals for completed project including inspections and dated color
photographs of the project site prior to, during and immediately following completion of
the project task;
o Project plans, specifications, and contract documents for the site work must be made
available upon request;
Quarterly progress reports identifying project progress to date, key milestones reached, overall
project schedule versus time for project completion, an updated spend -down plan, key issues to
be resolved, project photos with dates. Quarterly reports shall also be emailed to the District's
Budget Analyst at hnbarber@sjrwmd.com.
The Recipient shall ensure the task in the Task Identification section below is completed.
V. TASK IDENTIFICATION AND TIME FRAMES
The expiration date of this cost share agreement is July 31, 2021. The projected schedule is as follows:
Task Description
Anticipated
Start Date
Anticipated
Completion Date
Application of alum and Phoslock
4/1/21
6/30/21
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the Project, the District shall pay Recipient approximately 33% of the total
cost of the Project, but in no event shall the District's cost -share exceed $42,336. It is anticipated that all
expenditures will occur in FY 2020-2021.
Recipient shall invoice the District quarterly with appropriate documentation. The District's Project
Manager shall provide an invoice template that will be used. Invoices shall include a copy of the
contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required
supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall
provide copies of all receipts for materials and a system report showing documentation of staff time or
other proof of staff time expenses for the Project. The final invoice shall be submitted with the final
project report. If the total actual cost of this project is less than originally estimated, the District's cost -
share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all
required documentation and include general status information. Recipient may invoice the District for
Project work beginning October 1, 2020. The District will not reimburse for any expenditures that occur
prior to October 1, 2020.
Recipient shall submit quarterly progress reports to the District's Project Manager and the District's
Budget Analyst within 15 days of the end of quarter for work accomplished during each quarter. The
email address for the District's Budget Analyst is hnbarber@sjrwmd.com. The Recipient shall submit a
final project report within 15 days of Final Completion and acceptance by City of Ocoee detailing the
Project's accomplishments and any issues resolved during the course of the work.
Estimated Cost Schedule for Reimbursement
FV 2.n-2.1 (10/1 /2.020 — 9/30/2021)
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Estimated
Estimated
Description
Task Amount
Reimbursement Amount
Application of alum and Phoslock
$128,292
$42,336
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ATTACHMENT B
PROJECT PROGRESS REPORT
St. Johns River Water Management District
Project Progress Report
Contract/Project Identification
Date:
Report Number:
Project Name: 10coee Lake Prima Vista Sediment Nutrient Inactivation Project
Recipient: I City of Ocoee
SJRWMD Contract Number: 36029 SJRWMD Project Manager, Sara Driggers
Recipient's Project Manager: I Richard Campanale
Construction Schedule Reporting Period
Construction Start Date: Beginning Date: 71
Construction Completion Date: Ending Date:
Contract Expiration Date:
Cost -Share Budget
Total Cost -Share Budget:
Cost -Share Amount Expended To -date:
Spend -Down Plan
Cost -Share Amount Expended This Period:
Percent Cost -Share Budget Expended:
Contract #36029
Fiscal Year 1 Fiscal Year 2
Reimbursement # Anticipated Amount Anticipated Date Reimbursement# Anticipated Amount Anticipated Date
1 1
2 2
3 3
4 4
Proiect Readiness and Schedule Trackine
%Complete Start Date Completion Current
Shown in %Complete Shown In Date Shown in Current Start Completion
Project Phase Application Currently Application Application Date Date Notes: Explain anticipated deviations from schedule
Planning
Design
Permitting
Bidding & Award
Sr1W rnnstrnrtinn Tasks/Milestnnpc/neliverahles
Task Number
Tasks/Milestones/Deliverables
Total
Construction
%Complete
Start Date Shown
in sow
Completion Date
Shown in Sow
Current Completion
Current start Date Date
1
mcivamg proniems, issues ana solutions, expiam in aecau.
Include digital photographs of work accomplished during reporting peroid. Attach an additional page of notes if necessary to explain reasons for lateness or
unusual events or circumstances.
USE
Contract #36029
ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS #
TO: Richard Campanale, Project Manager
City of Ocoee
150 North Lakeshore Drive
Ocoee, FL 34761
FROM: Sara Driggers, Project Manager
CONTRACT NUMBER: 36029
CONTRACT TITLE: Ocoee Lake Prima Vista Sediment Nu nt
The Work shall be carried out in accordance with the following supple e
with the Contract Documents without change in the Contract Sum or Co ti
accordance with these instructions, indicate your acceptance of these instr
work as consistent with the Contract Documents and return to the District's
1. RECIPIENT'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANG
3. DESCRIPTION OF SUPPLEMENTAL ON L
Recipient's ap hoose one t e ite el w
Approved:
(It is agreed that th ins tions sal not ids It in c angn the Total
Date.)
Approved:
(Recipient agrees to im
Change Order in accon
Inactivation Project
ed in accordance
proceeding in
iiustments to the
or the Completion
Date:
the S pplemental Instructions as requested, but reserves the right to seek a
t4 requirements of the Agreement.)
Approved: I Date:
Sara Driggers, District Project Manager
Acknowledged: Date:
Carol Taylor Miller, District Senior Procurement Specialist
c: Contract file
Financial Services
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