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HomeMy WebLinkAboutItem 20 Approval of Water Conservation Rebate Cost Share Agreement 41440 between the St. Johns River Water Management District and the City of Ocoee City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: August 5, 2025 Item #: 20 Contact Name: Jen Bolling Department Director: Jen Bolling Contact Number: Ext. 4021 City Manager: Craig Shadrix Subject: Approval of Water Conservation Rebate Cost Share Agreement 41440 between the St. Johns River Water Management District and the City of Ocoee. (Utilities Director Bolling) Background Summary: The City’s Consumptive Use Permit requires that the City maintain a High Water User Program to target high potable water users. This program is continuously evolving to encourage customer engagement and water savings using proven technologies. Residential landscape irrigation accounts for over 50% of household water use and the reduction in this use provides significant savings to both the City and our customers. In July 2025, the Utilities Department submitted an application to the St. Johns River Water Management District (SJRWMD) Water Conservation Rebate Program for 50% cost-share funding to support the new Ocoee Smart Irrigation Controller Program. Smart irrigation controllers are WI-FI enabled and automatically adjust watering schedules based on real-time weather data, type of landscaping, and seasonal conditions. By adapting landscape watering to local conditions, the new smart irrigation controllers help conserve water, reduce City and resident utility costs, and support the City’s long-term sustainability goals. SJRWMD has approved the City's application and will reimburse 50% of the cost for each smart controller installed by September 30, 2025. Eligible recipients must be high water users using potable water for irrigation. Issue: Should the Honorable Mayor and City Commissioners approve Water Conservation Rebate Cost Share Agreement 41440 between the St. Johns River Water Management District and the City of Ocoee? Recommendations: Staff recommends the Honorable Mayor and City Commissioners approve Water Conservation Rebate Cost Share Agreement 41440 between the St. Johns River Water Management District and the City of Ocoee. Attachments: 1. Water Rebate Cost Share Agreement 2. WC Rebate Qualification Form City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Financial Impacts: Twenty-five (25) Rachio 8-Zone Smart Irrigation Controllers have already been purchased at a cost of $159.99 each ($4,319.73) using POWR Program Job#T04000. Funds received from the SJRWMD Water Conservation Rebate Program will reimburse 50% of the controller cost to the POWR Program Job#T04000 ($2,159.87 maximum reimbursement may vary based on resident's participation). Type of Item: Consent July 21, 2025 Jessica Stewart, Project Manager City of Ocoee 1800 A.D. Mims Road Ocoee, Florida 34761 Re: Water Conservation Rebate Cost Share Agreement 41440, Fiscal Year 2024-25 This rebate cost share agreement, including attachments (“Agreement”), constitutes a binding contract between the St. Johns River Water Management District, its officers, agents and employees (the “District”) and City of Ocoee (“Recipient”), under the terms and conditions contained herein. Recipient may commence the activities provided for herein (the “Project”) upon execution of this Agreement, unless otherwise provided in the Statement of Work. Commencing the Project constitutes acceptance of all of the following terms and conditions. Recipient shall timely and fully perform the Project subject to the Standard Terms and Conditions, Attachment A, and as set forth in the Statement of Work, Attachment B. This Agreement, along with the St. Johns River Water Management District Water Conservation Rebate Program Applicant Handbook for FY 2024-25 and Recipient’s application, constitute the entire agreement of the parties. In the event of a conflict, the terms of this rebate cost share agreement shall control. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. 1. Term. This Agreement shall be effective upon execution by both parties and shall expire on September 30, 2025 (“Completion Date”), unless amended by the parties. Time is of the essence. 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. 2. Rebate Funding. For satisfactory completion of the Project, as described in Attachment B, the District shall pay the Recipient as a cost share rebate the amount specified in Attachment B, not to exceed amount of $10,000 (the “Total Compensation”). Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient’s project work that is eligible for reimbursement begins after approval of qualifications form. 3. Rebate Funding Limitation. District funding for this project is subject to the availability of funds for the Water Conservation Rebate Cost Share Program for Fiscal Year 2024-25. All eligible projects are funded on a “first-come, first-served basis” until funds are depleted. Once program funds are depleted, no cost share rebates will be paid. 4. Project Management. 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 Contract 41440 Encumbrance S012966 - 2 - courier are deemed delivered one business day after having been deposited with the courier. Notices via email are deemed delivered on the date transmitted and received. DISTRICT CONTRACTOR Kraig McLane, Project Manager Jessica Stewart, Project Manager St. Johns River Water Management District City of Ocoee 4049 Reid Street 1800 A.D. Mims Road Palatka, Florida 32177 Ocoee, Florida 34761 Phone: 386-937-0522 Phone: 407-554-7080 E-mail: kmclane@sjrwmd.com E-mail: jstewart@ocoee.org 5. Payment of Invoices (Rebate Requests) (a) Rebate Request Invoice Submittal. Recipient may submit rebate request invoices for a rebate request on a monthly basis for work that has been completed and vendors paid. Rebate Request invoices must be sent by email to acctpay@sjrwmd.com. All invoices must be submitted no later than October 31, 2025. (b) Payment and Release. Recipient shall pay all proper charges for labor and materials required to perform the Project at the rates set forth in Attachment B. The District shall pay Recipient 100% of each approved rebate request invoice. Acceptance of payment constitutes a release of all claims against the District arising by reason of this Agreement. (c) Rebate Request Invoice Information. All rebate request invoices shall include the following information: (1) District rebate cost share agreement number; (2) Recipient’s name and address (include remit address, if necessary); (3) completed Request for Rebate Invoice Form; and (4) completed Water Conservation Rebate Request Data Form spreadsheet. If the invoice does not correspond with this paragraph, it shall be returned without action, stating the basis for rejection. Payment shall be made within 45 days of receipt of the approved invoice. Disputes regarding invoice sufficiency are resolved pursuant to the dispute resolution procedure of this Agreement. 6. Failure to Complete Project 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 Completion Date 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. Contract 41440 Encumbrance S012966 - 3 - We look forward to working with you. Please sign and date this Agreement in the space provided below and return one original by email to: St. Johns River Water Management District Breanna Pierce, Procurement Specialist Office: 386-643-1168 Email: BPierce@sjrwmd.com (Note: If the District has executed this Agreement prior to your signature, you must return a fully executed original agreement to the District no later than ten business days after the date of this letter. Failure to do so may result in the withdrawal of this offer.) Sincerely, John Fitzgerald, Bureau Chief, Water Supply Planning, or designee St. Johns River Water Management District Date: Contractor – City of Ocoee (By signing below, you accept the terms and conditions of this Agreement and represent that you have the necessary authority to sign on behalf of your company.) (Sign here) Print Name: Title: Date: Attachments: Attachment A — Standard Terms and Conditions Attachment B — Statement of Work Attachment C — District Supplemental Instructions Form Attachment D — Human Trafficking Attestation Contract 41440 Encumbrance S012966 - 4 - ATTACHMENT A — STANDARD TERMS AND CONDITIONS 1. Amendments. The parties may not amend this Agreement except in writing. Modifications that alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a change order or formal amendment, specifying the nature of the change and any associated change in the Total Compensation and/or Completion Date. The District’s Project Manager may also issue a District Supplemental Instruction (DSI) form to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the DSI. A DSI may not be used to change the Total Compensation, quantity, quality or the Completion Date of the Work, or to change or modify the Agreement. 2. 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. 3. Audit; Access to Records. Recipient must preserve its books and other records involving transactions related to this Agreement and provide the District, or its duly authorized representatives, access, and necessary facilities to inspect and audit those records for five years after the receipt of funds. If an examination or audit is performed, Recipient must continue to maintain all required records until such audit has been completed and all questions arising from it are resolved. Recipient shall refund any payment(s) that are found to not constitute allowable costs based upon an audit examination. 4. 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; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) amounts paid to Recipient exceeded the maximum authorized by the Water Conservation Rebate Program; or (4) Recipient has received duplicate funds from the District for the same purpose. 5. 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. 6. Disputes. 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. 7. 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 legal proceedings shall be in Putnam County and any federal legal proceedings shall be in Duval 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. 8. Inspector General. Cooperation with the Inspector General, pursuant to §20.055(5) Fla. Stat. Appraiser 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 41440 Encumbrance S012966 - 5 - 9. 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. 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 its current rules and regulations. 10. Independent Contractor. Recipient is an independent Contractor. Neither Recipient nor Recipient's employees are employees or agents of the District. Recipient controls and directs the means and methods by which the Work is accomplished. Recipient is solely responsible for compliance with all labor, health insurance (Patient Protection and Affordable Care Act 42 U.S.C. §§ 18001, et seq.), and tax laws pertaining to Recipient, its officers, agents, and employees, and shall indemnify and hold the District harmless from any failure to comply with such laws. 11. Interest in the Business of Recipient; Non-Lobbying. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted under this Agreement, and that no such person shall have any such interest at any time during the term of this Agreement. Pursuant to §216.347, Fla. Stat., monies received from the District pursuant to this Agreement shall not be used to lobby the Florida Legislature or any other state agency. 12. No Coercion for Labor or Services. Recipient declares that it does not use coercion for labor or services as prohibited under Sec. 787.06, F.S. 13. Ownership. Unless otherwise provided herein, the District does not assert ownership interest in any of the deliverables under this Agreement. 14. Permits and Licenses. 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. 15. 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. 16. 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 public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017 for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 17. 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 material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 18. 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 Contract 41440 Encumbrance S012966 - 6 - 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. 19. Termination. The District may terminate this Agreement at any time for convenience upon 30 days’ prior written notice to Recipient. Contract 41440 Encumbrance S012966 - 7 - ATTACHMENT B — STATEMENT OF WORK City of Ocoee is including the following conservation measure: 2) U.S. EPA WaterSense-labeled smart irrigation controllers. The installation will be focused on high-use water customers within the City. This request is for funding up to $10,000 to be used for 50% match or up to $100 in match, the District share will not exceed 50% of the implementation cost and shall be consistent with the WC Rebate Handbook. Table 1. Eligible rebate items. Conservation Item Reimbursable Costs* (to be documented on the reimbursement requests) Maximum Rebate Amount (per item) 1. Florida Water StarSM certification for new residential construction Fees for inspection and certification $150 2. EPA WaterSense®-labelled smart irrigation controller: a) residential b) HOA Common property* Material and installation a) $100 b) $3,000 3. Irrigation conversions (high-volume spray to a high-efficiency rotary nozzle or micro irrigation in landscape beds): a) residential b) HOA common property* Material and installation a) $100 b) $5,000 4. Irrigation evaluations and timer modification a) residential b) HOA common property* Contractor cost per visit a) $75 b) $500 5. Landscape soil amendments (for new residential construction) Material and installation $250 6. H2OSAV Subscription Fifty percent of first-year annual subscription $4,000 per entity * Note: Required invoice detail for utility, government, or HOA, property owners’, condominium, and community development district staff implementation: address for conservation site, material cost (copy of receipt), staff-hour cost with benefits (no indirect cost; system report or timesheet), and vehicle cost (IRS mileage) per visit for work done by an employee of the applicant. Contract 41440 Encumbrance S012966 - 8 - ATTACHMENT C — DISTRICT’S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: Jessica Stewart, Project Manager City of Ocoee 1800 A.D. Mims Road Ocoee, Florida 34761 FROM: Kraig McLane, Project Manager REBATE COST SHARE AGREEMENT NUMBER: 41440 The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor adjustments to the work as consistent with the Contract Documents and return to the District’s Project Manager. 1. CONTRACTOR’S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: . Contractor’s approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Date: Kraig McLane, District Project Manager Acknowledged: Date: Breanna Pierce, District Procurement Specialist c: Contract file Financial Services Contract 41440 Encumbrance S012966 - 9 - ATTACHMENT D — HUMAN TRAFFICKING ATTESTATION Contractor Name: City of Ocoee (“Contractor”) This form must be completed by an officer or representative of a nongovernmental entity executing, renewing, or extending a contract with the St. Johns River Water Management District, a governmental entity of the State of Florida, (“District”) in compliance with Section 787.06(13), Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. City of Ocoee By: Printed Name: _______________________________________________________________________ Title: ______________________________________________________________________________ Signature: __________________________________________________________________________ Date: ____________________________ I acknowledge that Section 787.06(13), Florida Statutes, requires that, when a contract is executed, renewed, or extended between a nongovernmental entity (Contractor) and a governmental entity (the District) in the State of Florida, the nongovernmental entity must provide the governmental entity with an affidavit that the Contractor does not use coercion to employ any person for labor or services. This signed attestation is provided to the District to comply with that requirement. On behalf of Contractor, I hereby certify, assure, and affirm that Contractor does not use coercion for labor or services as prohibited under Sec. 787.06, Florida Statutes. If, at any time in the future, Contractor does use coercion for labor or services, Contractor will immediately notify the District, and no contracts may be executed, renewed, or extended between the parties. This attestation is made for the benefit of, and reliance by, the District.