HomeMy WebLinkAboutItem #08a Water Conservation Cost-Share Grant - St. Johns River Water Management District o center of Good Lip.
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AGENDA ITEM COVER SHEET
Meeting Date: May 1, 2012
Item # mil
Reviewed By:
Contact Name: Charles K. Smith, P.E. Department Director: Charles K. Smit
Contact Number: 407 - 905 -3159 City Manager: Robert Frank`
Subject: Water Conservation Cost -Share Grant - St. Johns River Water Management District
Background Summary:
The St. Johns River Water Management District would like to partner with the City of Ocoee to study,
develop, implement and track innovative water conservation initiatives that are achievable by using
the City's technologically advanced smart water metering system. SJRWMD will partner with the
City by providing a matching grant in the sum of $66,184, with the City's matching portion being the
replacement of the existing water meters with smart meters in the Admiral Pointe, Sleepy Harbor,
Veronica Place, and Hidden Oaks neighborhoods (total of 388 homes). The grant also will call for
staff to study, track and analyze, and work to implement conservation initiatives that will lead to
water savings. Staff anticipates the utilization of the City's C.U.P. consultant in the study and
tracking efforts. The grant will cover consulting professional services, tracking software including
training, and dedicated computer hardware.
The study will begin in June 2012 and should last eighteen months.
Issue:
Should the Mayor and City Commission accept a matching grant from St. Johns River Water
Management District for studying the implementation of innovative water conservation initiatives
using the City's smart water metering technology?
Recommendations
Motion for Mayor and Commission to approve the "Water Conservation Cost -Share Agreement By
and Between the St. Johns River Water Management District and the City of Ocoee ", and authorize
the Mayor to execute the Agreement.
Attachments:
Water Conservation Cost -Share Agreement By and Between the St. Johns River Water
Management District and the City of Ocoee and the agreements exhibits.
Financial Impact:
The Utilities Department's annual budget includes a smart meter implementation of 500 meters per year
which will be used to replace the meters within the study area. The grant funding will cover the City's
consulting services and the study's hard costs.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
1
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 N/A
Reviewed by Finance Dept. ` --i N/A
Reviewed by ( ) N/A
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Contract #27338
Encumbrance #S005923
WATER CONSERVATION COST -SHARE AGREEMENT
BY AND BETWEEN THE
ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND TIIE CITY OF OCOEE
THIS 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 the CITY OF OCOEE, whose address is 150 North Lakeshore Drive,
Ocoee, Florida 34761 ( "Recipient "). All references to the parties hereto include the parties, their officers,
employees, agents, successors, and assigns.
WHEREAS, 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; and
WHEREAS, pursuant to chapter 373, Fla. Stat., the District is responsible for the management of
the water resources within its geographical area; and
WHEREAS, the District has determined that providing cost -share funding to Recipient for the
purposes provided for herein will benefit the management of the water resources; and
WHEREAS, the parties have agreed to jointly fund the following project to benefit the water
resources in accordance with the funding formula further described in the Statement of Work, Attachment
A (hereafter "the Project "):
Strategic Water Conservation Plan
NOW, THEREFORE, in consideration of the aforesaid premises, and the funding assistance
hereinafter specified, 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 attachments, if any.
The parties hereby agree to the following terms and conditions.
1. 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 September 30, 2013 ( "Completion Date ").
Recipient shall not commence the Project until any required submittals are received and
approved. Recipient shall commence performance within fifteen (15) days after the
Effective Date and shall complete performance in accordance with the time for
completion stated in the Statement of Work. Time is of the essence for every aspect of
this Agreement, including any time extensions. 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.
(b) This Agreement constitutes an offer until authorized, signed and returned to the District by
Recipient. This offer terminates sixty (60) days after receipt by Recipient.
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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 fifty percent
(50 %) of the total cost of the Project, but in no event shall the District cost -share exceed
$66,184. 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) In -Kind Services. Recipient agrees to provide at least $66,184 in the form of matching
funds, in -kind services, or both for the Project, as further described in the Statement of
Work, which shall count toward Recipient's cost -share obligation.
5. PAYMENT OF INVOICES
(a) Recipient shall submit quarterly itemized invoices by one of the following two methods:
(1) by mail to the St. Johns River Water Management District, Director, Division of
Financial Management, 4049 Reid Street, Palatka, Florida 32177, or (2) by e -mail to
acctpay @sjrwmd.com. The invoice shall be submitted in detail sufficient for proper pre -
audit and post -audit review. Recipient shall be reimbursed for one hundred percent
(100 %) of the invoice, which shall not exceed 50% of approved costs until the not -to-
exceed amount of the District's cost -share has been expended. 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
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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 forty -five (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 thirty (30) days after the Completion Date. Final invoices that
are submitted after the requisite date shall be subject to a penalty of ten percent
(10 %) 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 (10) 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)
District encumbrance number; (3) Recipient's name and address (include remit address, if
necessary); (4) Recipient's invoice number and date of invoice; (5) District Project
Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost
and /or Project completion (as per the cost schedule and other requirements of the
Statement of Work; (8) Progress Report (if required); (9) Diversity Report (if otherwise
required herein). Invoices that do not correspond with this paragraph shall be returned
without action within twenty (20) business days of receipt, stating the basis for rejection.
Payments shall be made within forty -five (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 maintain adequate progress in the Project, or (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.
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. 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 section 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.
7. 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
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sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual
appropriation of funds at 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 (5) 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 he responsible for overall coordination and
management of the Project. Either party may change its Project Manager upon three (3)
business days prior written notice to the other party. Written notice of change of address
shall be provided within five (5) 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; (4) e-
mail or, (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via
overnight courier are deemed delivered one (1) business day after having been deposited
with the courier. Notices via e -mail or fax are deemed delivered on the date transmitted
and received.
DISTRICT RECIPIENT
Glenn E. Forrest, P.E., Project Manager Charles Smith, P.E., Project Manager
St. Johns River Water Management District City of Ocoee
4049 Reid Street 150 North Lakeshore Drive
Palatka, Florida 32177 Ocoee, Florida 34761
(407) 659 -5911 (407) 905 -3100
E -mail: gforrest @sjrwmd.com. E -mail: esmith @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, and may approve minor deviations in the
Project that do not affect the District cost -share or Completion Date or otherwise
significantly modify the terms of the Agreement.
9. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the District 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. Reports may
be submitted in any form agreed to by District's Project Manager and Recipient, and may
include emails, memos, and letters.
(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.
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10. 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 thirty (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 ninety (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
ninety (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.
(c) This paragraph shall survive the termination or expiration of this Agreement.
11. TERMINATION
(a) Termination for Default. If Recipient materially fails to fulfill its obligations under this
Agreement, including any specific milestones established herein, the District shall provide
Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific
nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient
fails to cure the breach within the thirty (30) day period, the District shall issue a
Termination for Default Notice and this Agreement shall be terminated upon receipt of said
notice. In such event, Recipient shall refund to the District all funds provided to Recipient
pursuant to this Agreement within thirty (30) days of such termination. The District may
also terminate this Agreement upon ten (10) days written notice in the event any of material
misrepresentations in the Project Proposal.
(b) Termination for Convenience. The District may terminate this Agreement at any time for
convenience upon thirty (30) calendar days prior written notice to Recipient. Upon receipt
of notice, Recipient shall place no further orders for materials, equipment, services, or
facilities, for which reimbursement would otherwise be sought. Recipient shall also make
every reasonable effort to cancel, upon terms satisfactory to the District, all orders or
subcontracts related to the Project for which reimbursement would otherwise be sought.
In the event of such termination, Recipient shall be compensated for all work performed
pursuant to this Agreement prior to the effective date of termination.
ADDITIONAL PROVISIONS (Alphabetical)
12. 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
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this Agreement shall create a contractual relationship between the District and any of Recipient's
contractors or subcontractors.
13. 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 funds 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 three (3) 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 fmds 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) Recipient has received duplicate
funds from the District for the same purpose; and/or (4) Recipient has received more than
fifty (50 %) contributions through cumulative public agency cost -share funding.
14. 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.
15. 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 (10) 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
(10) 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.
16. 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 each 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.
17. 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,
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including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and
waive the right to jury trial.
18. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Nothing in this Agreement shall
be interpreted to establish any relationship other than that of independent entities 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 and tax laws pertaining to Recipient, its officers, agents, and employees.
19. INTEREST OF RECIPIENT. 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 hereby, and that no such person shall have any such
interest at any time during the term of this Agreement.
20. NON - LOBBYING. Pursuant to section 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.
21. 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.
22. 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 s. 287.017 for CATEGORY TWO ($35,000) for a period of 36
months following the date of being placed on the convicted vendor list.
23. 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.
24. 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.
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25. WATER CONSERVATION.
Water Conserving Rate Structure. A Recipient receiving funding through this Agreement that
operates a public water supply utility must develop a rate structure for water customers in its service
area that will: (1) promote the conservation of water; and (2) promote the use of water from available
alternative water supplies. Recipient, if operating a public water supply utility, acknowledges that it
either has a water conserving rate structure in effect or will implement a water conserving rate
structure within nine (9) months after the Effective Date. Failure to comply with this paragraph
constitutes a material breach that shall constitute a failure to complete the Project.
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, 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: By:
Hans G. Tanzler III, Executive Director, or Designee
Typed Name and Title
Date: Date:
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
Attest:
Stanley J. Niego, Sr. Assistant General Counsel Typed Name and Title
ATTACHMENTS
Attachment A- Statement of Work
Attachment B- Recipient's Application
Cost- share: Water conservation
Last updated: 3 -16 -11
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ATTACHMENT A - STATEMENT OF WORK
WATER CONSERVATION COST SHARE PROGRAM
CITY OF OCOEE
STRATEGIC WATER CONSERVATION PLAN
I. INTRODUCTION /BACKGROUND
The St. Johns River Water Management District (District) created the Water Conservation and
Demand Management Program (the Program) in FY2008 -2009 as a cost share program to
develop and implement innovative water conservation initiatives and to develop and analyze
metrics to demonstrate the effectiveness of water conservation planned or implemented by the
District.
On October 11, 2011 the District's Governing Board approved $66,184 of funding for the city of
Ocoee (Recipient) Strategic Water Conservation Plan project.
11. OBJECTIVES
The objective of this contract is to provide cost share dollars that will enable the Recipient to
upgrade its system for tracking, measuring and reporting water savings from conservation. The
Recipient's objectives include furnishing and installing an estimated 388 replacement water
meters as part of a two -way radio -read automatic meter reading (AMR) system. This project
shall be implemented at subdivisions within the Recipient's service area to include, but not be
limited to: Admiral Pointe, Sleepy Harbour, Veronica Place, and Hidden Oaks.
The project shall include establishing benchmark efficiencies for the new irrigation accounts and
subsequent follow- through consisting of ordinance enforcement, a leak detection work order
system, evaluation of pre- and post- water use data through irrigation audit, data base
development, and an outreach program to homeowner associations.
The project shall be compatible with the Recipient's Flexnet AMR system produced by Sensus,
a utility technology company. The Flexnet AMR system will expand upon Flexnet infrastructure
previously installed and provide account level water use data to enable more robust
compliance /enforcement of the Recipient's water conservation and irrigation ordinance,
accurate meter reading, leak detection, and customer service.
III. SCOPE OF WORK
Recipient has stated that it shall complete this project through performance of tasks in the Task
Identification section of this Statement of Work. Attachment B, the Recipient's Application,
provides additional details for implementing the Strategic Water Conservation Plan project.
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IV. TASK IDENTIFICATION
Task 1 — Furnish and Install Meter Transceiver Units for Flexnet AMR System
Recipient shall purchase an estimated 388 Pearl Water Meters and associated Meter
Transceiver Units (MXU). MXUs shall be either double or single and shall meet Recipient's
specifications to include global positioning system (GPS) for providing latitude and longitude
information for linking to account location.
Recipient shall install meter transceiver units, including associated software programming and
system configuration, at an estimated 388 account locations within subdivisions listed in the cost
share application (see Attachment B). Installation shall include all labor, equipment, and
material required for a fully functional system. Installation costs shall be borne by Recipient and
will not be included as part of the project cost associated with this agreement.
Task 2 — Incorporate Water Use Data into Irrigation Audit Program and Establish
Efficiency Goals
During and after installation of MXUs, Recipient shall incorporate detailed water use data
(including historical water use) into its irrigation audit program. Benchmarks shall be established
for water use efficiency. Water use, efficiency goals, and tracking shall be implemented through
development and implementation of a database utilizing Microsoft Access. Work under this task
shall include up to two licensed copies of MS Access, attendance of one Recipient's staff
person at up to two training classes (or two persons at one class), and computer equipment for
data base management.
Recipient shall produce educational irrigation and landscape material under this task, which
may include hardware supplies for testing, for use with and distribution to customers. Recipient
has stated its intention to utilize Recipient's consultant for professional services related to this
task.
Task 3 — Customer Outreach
Recipient shall utilize irrigation audits and the Flexnet AMR System to generate account level
water use data for customer service purposes. At Recipient's discretion, Recipient shall meet
with Home Owner Associations (HOAs) within subdivisions included in the project to discuss
seasonal use characteristics and benchmarks, and provide suggestions on how conservation
goals can be achieved.
Task 4 — Implement Enforcement of Irrigation Rule and Tracking System
Recipient shall utilize the Flexnet AMR System to generate account level water use data for
enforcement of the Recipient's water conservation and irrigation ordinance, accurate meter
reading, a leak detection work order system, and customer service.
This task shall include batch export of historical metered monthly consumption data from the
Recipient's billing software into database tables to provide an accurate and consistent dataset
of account -level historical water consumption. This data shall be evaluated for seasonal use
characteristics and benchmarks, and analyzed with parcel and land use information to identify
regional demographic use patterns that may provide opportunities for water conservation
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Contract #27338
Encumbrance #S005923
strategies. This information shall be included in the quarterly reports to the District's Project
Manager.
V. TIME FRAMES AND DELIVERABLES
The expiration date of this Agreement shall be September 30, 2013. All work shall be completed
in accordance with tasks described above and consistent with Attachment B, the Recipient's
Application. The Recipient shall submit quarterly reports to the District's Project Manager
detailing the progress of each task. The Recipient shall continue with submittal of account level
water use data after expiration of the Agreement.
Recipient shall deliver a minimum of three (3) years of monthly account level water use data
recorded prior to the implementation of this project. All pre - implementation account level
consumption data delivered shall be formatted in a consumption table which must include a
unique ID, account number, location ID, water use type, account address, consumption amount
for the month in gallons and the consumption month for each affected connection.
Recipient shall also deliver a minimum of three (3) years of monthly account level water use
data recorded after the implementation of this project for all affected connections. Each year of
post - implementation data shall contain an original account number, or another unique identifier
to relate to the accounts in the pre - implementation consumption table. Account level
consumption data shall be delivered to the District's Project Manager annually.
The required account level billing data deliverable shall be joined with the county appraiser data
available from the District. This can be coordinated with the District's Project Manager or
performed by the Recipient. A summary of the data shall be categorized using the Department
of Revenue (DOR) code and include descriptive statistics derived for each category based on
DOR code and build -out category. Descriptive statistics shall include the number of accounts
and total square footage at each 1,000 gallons of consumption for each customer class and
build -out category.
All data collected in association with work performed under this agreement shall be provided to
the District's Project Manager in a digital format approved by the District's Project Manager. All
analysis performed under this agreement shall be documented and provided to the District's
Project Manager in a final summary report.
VI. BUDGET /COST SCHEDULE
For satisfactory completion of the Project, the District shall pay Recipient fifty percent (50 %) of
the total cost of the Project, but in no event shall the District's cost -share exceed $66,184.
Recipient shall invoice the District quarterly. The invoices shall include sufficient backup
documentation for payment, including a copy of applicable subcontractor and supplier invoices
submitted to and paid by the Recipient.
Recipient has estimated the total cost of this project under this contract to be $132,367.
Recipient agrees to provide at least $66,184 in the form of matching funds for this project. If
Project costs exceed the estimated project cost so as to reach the not -to- exceed amount of the
District cost - share, then Recipient shall provide any additional funding required to complete the
Project.
Page 11
Contract #27338
Encumbrance #5005923
Cost Schedule for Tasks 1 -4
Task 1 Furnish and Install Pearl Water Meters and associated Meter $74,056
Transceiver Units (See Note 1)
Task 2 Incorporate Water Use Data into Irrigation Audit Program and $58,312
Establish Efficiency Goals (See Note 2)
Task 3 Customer Outreach (See Note 3) --
Task 4 Implement Enforcement of Irrigation Rule and Tracking System (See __
Note 3)
Total Project Cost: $132,368
District's Not -to- exceed 50% Cost Share: $66,184
Note 1: The estimated number of meter /MXU locations is 388. Payment will be based on the
actual number of meters and MXUs furnished and installed except as limited by the not -to-
exOeed cost share amount. Cost is based on estimated unit cost of $101 each for up to an
estimated 388 Pearl Water Meters, estimated unit cost of $148 each for an estimated 144
double Meter Transceiver Units, and estimated unit cost of $135 each for an estimated 100
single Meter Transceiver Units. Installation costs shall be borne by Recipient and will not be
included as part of the project cost associated with this agreement.
Note 2: This cost includes two licensed copies of Microsoft Access, attendance at training
class, and computer equipment for data base management. This cost includes up to an
estimated amount of $55,000 for Recipient's consultant fees, for work to be performed under
this task.
Note 3: This task will be performed by Recipient and the cost is not included in this agreement.
Page 12
ATTACHMENT B
Application
Title of project: City of Ocoee Strategic Water Conservation Plan
A. Applicant type and information
Indicate the type of project you are applying for:
Project types (check one)
❑ Reliability and performance testing new landscape irrigation technology
C✓1 Automated tracking of historical consumption information
❑ Reliability and performance
Q Enforcement of landscape irrigation ordinances and related education efforts [NEW]
Cf1 "Other" (new and innovative technology and practices)
A -1. a) Name of applicant / title Charles Smith, P.E. / Utility Director
A -1. b) Applicant's organization City of Ocoee
A -2. Name, address, e-mail address, and phone numbers of project manager or contact
person.
(District will send correspondence concerning this application ONLY to this person.)
Name / title Charles Smith, P.E. / Utility Director
E -mail address CSmith @ci.ocoee.fl.us
Mailing address 1800 AD Mims Road
City and ZIP code Ocoee, FL 34761
Phone (407) 905 -3100 x 4001 Fax (407) 656 -7416
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 1 of 10
A -3. Name, address, and phone numbers of persons with authority to enter into a
contractual agreement, if other than project manager or contact person.
If same as A -2 above, check box. Q
Name / title
E -mail address
Mailing address
City and ZIP code
Phone Fax
A - 4. District permit information
Does the applicant have any District permits? Yes ❑ No ❑
If yes, list all District permits held by the applicant. Attach an additional page if needed.
Permit # Expiration Date (mm /dd /yy) Permit # Expiration Date (mm /dd /yy)
3216 11 -15 -2026
A -5. Landscape irrigation ordinance
5a. Does the applicant have a landscape irrigation ordinance? Yes C No ❑
5b. If yes, does the ordinance fully implement District Rule 40C- 2.042(2)? Yes 121 No'❑
5c. If no to either 5a or 5b:
By what date is the revision or adopted ordinance expected?
Are you willing to adopt an ordinance that fully implements District rule? Yes ❑ No ❑
A - Disclosure. Does any District employee, Governing Board member, contractor, or
other affiliate of the applicant have a financial interest in this project, the property
associated with this project, or with any party that may profit financially from this project?
Yes ❑ No
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 2 of 10
If, yes, identify all such parties and describe their interests.
B. Project Information
B -1. Cost - sharing request (District's share cannot exceed 50% of total project cost.)
a. Total project cost $132,367.
b. Total project cost per residential / commercial parcel $ 341.
c. Amount of cost -share requested $ 66,183.
B -2. Purpose. Explain the purposes(s) of the project. (Do not refer to attachments.)
Does the project demonstrate the reliability / performance of several types / brand
names of equipment, under distinct geographic conditions? Use appendixes A through
C as a guideline.
The City of Ocoee (City) is located in southwest Orange County, west of the City of
Orlando. The entire water service area is located in the Central Florida Coordination Area
(CFCA); therefore, water conservation plays a critical role in the City's long term water
supply management and planning.
In an effort to reduce its dependency on groundwater, the City has constructed a reclaimed
water distribution system and is retrofitting existing high water use neighborhoods for reuse.
The City's master reuse plan sets the blueprint for continued reuse expansion by prioritizing
high water use neighborhoods for retrofits. Based on the location and water use, Admiral
Pointe, Sleepy Harbour, Veronica Place and Hidden Oaks subdivisions are of low priority
or not identified in the City's 10 -Year Reclaimed Water Program. The City recognizes that
there are potable water savings to be gained in these neighborhoods and would like to
realize this conservation savings utilizing smart meter technology. Water conservation in
these areas is of the highest importance considering that they are utilizing groundwater
rather than a lower quality water source.
The City has identified the installation of FlexNet meters for irrigation as a potential water
conservation strategy in these neighborhoods. The purpose of this cost share application is
to request funding for the installation of 388 "smart" irrigation meters (FlexNet) to establish
water use efficiency goals and strategic programs for these subdivisions, and develop a
water conservation tracking system using GIS and data base programs. Note that in 2007,
the City installed FlexNet infrastructure and a limited number of Automatic Meter Reading
(AMR) water meters; therefore, FlexNet infrastructure (Tower Gateway System and server) is
already in place.
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 3 of 10
Water Use
Although Ocoee's city -wide residential per capita use is well below the District's target of
150 gpcd, water use in Admiral Pointe, Sleepy Harbour, Veronica Place and Hidden Oaks
subdivisions is significantly higher than the District's target per capita. Installation of
"smart" irrigation meters will allow the City's Water Conservation Coordinator to
disaggregate indoor and outdoor use and better target water conservation strategies for
these customers.
Average monthly water use in is presented in Table 1. Average monthly consumption is
based on 11 consecutive months in 2010. Accounts that appear to be inactive for at least
half of the year were eliminated from the evaluation.
Table 1 Average Monthly Water Consumption (February through December 2010)
Consumption Range Admiral Sleepy Veronica
(gal /month) Pointe Harbour Place
0 - 10,000 18 84 24
10,001 - 15,000 41 21 13
15,001 - 20,000 41 14 8
20,001 - 25,000 30 7 1
25,001 - 30,000 10 1 1
30,001 - 35,000 4 1 0
35,001 - 40,000 1 0 0
40,001 - 45,000 2 0 0
45,001 - 50,000 0 0 0
50,001 - 55,000 0 0 0
55,001 - 60,000 0 0 0
60,001 - 65,000 0 0 0
65,001 - 70,000 0 0 0
70,001 - 75,000 0 0 0
147 128 186
Note: Water use for the 27 lots in Hidden Oaks is consistent with the use presented in
Table 1.
Potential water conservation savings based on efficiencies are presented in Table 2. Water
use and lot characteristics for the 27 homes located in Hidden Oaks are similar to Admiral
Pointe and Sleepy Harbour subdivisions; therefore, water savings are expected to be similar
for this subdivision.
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 4 of 10
Table 2 Potential Water Conservation Savings
Potential Potential Potential Potential
% of Water % of Water % of Water % of Water
Accounts Savings Accounts Savings Accounts Savings Accounts Savings
Subdivision Greater Based on Greater Based on Greater Based on Greater Based on
Than 10,000 Than 12,000 Than 15,000 Than 18,000
10,000 gal /month 12,000 gal /month 15,000 gal /month 18,000 gal /month
gal /month goal gal /month goal gal /month goal gal /month goal
(mgY) (mgy) (mgy) (mgy)* i
Admiral Point
(based on 147 accts) 87% 13.9 83% 10.8 60% 7.0 43% 4.3
Sleepy Harbour
(based on 128 accts) 34% 3.0 28% 2.1 18% 1.1 9% 0.5
Veronica Place
(based on 47 accts) 47% 1,7 40% 1.2 19% 0.6 9% 0.3
* Based on average monthly water use for 2010
WATER CONSERVATION
The City recognizes that in order to facilitate change in customer water use habits, staff
must first understand factors that affect water use and the available technologies to reduce
it. The City's Water Conservation Coordinator is a certified Irrigation Auditor. Additionally,
the City's Water Conservation Coordinator and Utility Director have attended the Water
Star certifier class, passed the exam and are working toward Water Star'' certification.
Using the historical consumption data from Utility Billing and information available in the
Orange County Property Appraiser database, the City's Utility Director and Water
Conservation Coordinator will work with the City's water supply consultant and the District
to determine benchmark efficiencies for these subdivisions. The City will then utilize the
efficiency benchmarks and the detailed water use information available from the FlexNet
system to enhance its existing water conservation programs.
Enforcement of the SJRWMD Irrigation Rule
The City has adopted the District's Water Conservation Landscape Irrigation Rule and
enforces this rule through patrolling. Using FlexWare (FlexNet software application),
reports will be generated for accounts that exceed a maximum daily threshold. The City's
Water Conservation Coordinator will review these reports to determine if a violation has
occurred. Customers found to be in violation of the irrigation rule as their first offense will
be notified via certified mail with a warning letter, documentation (graphical consumption
report), educational irrigation and landscape material, and a friendly reminder promoting
the City's water conservation programs.
The City also offers a one time "remove -a- violation" opportunity where a customer can
either attend a City sponsored workshop or watch a video at the City's Utility
Administration Building and answer a questionnaire about water conservation in lieu of a
fine. Water conservation programs available to City customers include irrigation clock
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 5 of 10
programming assistance, irrigation audits, irrigation and landscape workshops, free rain
barrel program, and free rain sensors. The ultimate goal of this program is to educate
customers and facilitate permanent changes to water use habits. Subsequent violations may
result in fines should customers continue to be found in violation of the irrigation rule.
Customer Leak Detection
The City will leverage the programming flexibility of FlexNet and the FlexWare capabilities
to implement and maintain a proactive customer leak detection program. Specifically,
FlexNet will be used to identify customer leaks that may have otherwise gone undetected
under the current monthly meter read system by identifying accounts with constant use.
Under the current monthly meter reading system, customers are notified of potential Teaks
only when a significant change in monthly water consumption has occurred; therefore, only
large /significant leaks can be detected.
A work order will be generated and a leak detection notice, in the form of door hanger, will
be left on the front door of the customer's home. The account will be flagged and the City's
Water Conservation Coordinator or qualified City staff will follow up on the work order and
provide additional assistance, if necessary. This program will be further refined as
necessary based on customer response time.
Figure 1 Enforcement of the Irrigation Rule - Detailed Consumption Report
Flexldet ID: 13/1213 Mete' State: hIotall Oy:le 7:4
Meter ID; 83 Location: HD Supply TOWW' True< US
Type: Water Meter ticthA-Atencan2Way'Neter Position: 20 2[15010' 21 251070'
Firmware Revision: Flexile! 0 2 1
Final —
01 0 f Single pa; ( Readings Chart i ( 'a 1 " READINGS
1217;2010 I n
I --- - -'-- I .> -' --- - -- .___. —�.- ..- -._._. — L;* :;Refresh
1,200 , '
201 -0'i • 0.100 i
Lou) - L:i':. c•;Fw1a'_,a ,o.2x
.,.
000
.,'01� I, 13:..I' 1'n l.ri.�.11'
600
700
11 ALARMS
000
500 • _:.:.I -i F'll: I. r:.rr;t•:. :.31 3i1i 3.
400 .:. It ,(1 :11 l.;
300 " wirer tl .a lu
200 : ,_ i_ Aiae T;■mpil
100 - - U1 10!I001't?t.21
0. _�— ®��— �..v.✓�r. ®_.._� .-- e7 -•; 1 :0amen; Of c3h.l
00:00 02.00 04:00 0600 0800 10:00 1100 14:00 16.00 16:00 20:00 22:00 00:00
Tune
Irrigation Audits
The Water Conservation Coordinator provides irrigation audits to City customers free of
charge. This includes reviewing/correcting controller times and looking through each zone
to check for leaks, broken /misdirected heads, overspray, separation of turf and beds,
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 6 of 10
separation of rotors and sprays, and a functioning rain sensor shut -off. Water conservation
literature is also provided to the customer. Detailed audits, including a catch can analysis,
are provided to customers upon request. Since water use for homes in Admiral Pointe,
Sleepy Harbour, Veronica Place and Hidden Oaks subdivisions are metered through a
single meter, it is difficult to determine if irrigation audits are having an effect on water use.
The detailed water use information collected by FlexNet will be incorporated into the
irrigation audit program. This FlexNet data will allow the Water Conservation Coordinator
to evaluate water use prior to and after the irrigation audit is performed to determine if
additional customer outreach is necessary.
HOA Outreach
Once efficiency goals have been determined, the Water Conservation Coordinator will
meet with each HOA and discuss the benchmark efficiencies and provide suggestions to
how these goals can be achieved.
Water Conservation Tracking
Water conservation tracking poses many challenges. Typically, utility billing systems are
not designed to support water conservation tracking and Computerized Maintenance
Management Systems (CMMS) are expensive. The quantity of detailed water use data from
FlexNet further complicates data management. Therefore, the City will develop a water
conservation tracking system. Under the current project, a database will be developed for
irrigation meters in Admiral Pointe, Sleepy Harbour, Veronica Place and Hidden Oaks
subdivisions; however, it is the City's long term goal to expand the database for City wide
use.
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 7 of 10
B -3 Project schedule with budget. Show a project scope. Also include goals with
supporting task and budgets. (Listing dates, project milestones, key task and associated
expenses as expected to be incurred over the proposed timeline.) Also, include benefit /
cost ratios and other performance metrics / estimate for each project.
Task Estimated Completion Date
Task 1: Install FlexNet Meters (for irrigation)
Admiral Pointe 163 meters
Sleepy Harbour 145 meters Within 4 months of contract execution
Veronica Place 53 meters
Hidden Oaks 27 meters
Task 2: Incorporate detailed water use data into Within 6 months of contract execution
irrigation audit program
Task 3: Determine efficiency goals Within 9 months of contract execution
Task 4: HOA outreach- meet with HOAs from Within 12 months of contract execution
each subdivision
Task 5: Implement enforcement of the irrigation
rule using water use data collected by Within 12 months of contract execution
FlexNet
Task 6: Implement Tracking Within 12 months of project execution
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 8 of 10
Contract Budget:
The total project cost is $132,367.
The City of Ocoee is requesting a cost share match of $66,183 from the District.
Quantity Cost/Unit Total Cost
Pearl Water Meters 388 $101 $39,207
520m Dual MXU Trans - receivers (double) 144 $148 $21,349
520m Dual MXU Trans- receivers (single) 100 $135 $13,500
Licensed copies of Microsoft Access 2 $155 $310
Access Training Classes 2 $400 $800
Desk top computer 1 $2,200
Project Management and Coordination — Professional Services by Consultants $55,000
Total $132,367
50% Cost Share $66,183
Cost Per Home $341.15
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 9 of 10
13 -4. Project location (address or description): City of Ocoee
County (ies) in which project is located: Orange
13-5. Projected schedule
Projected starting date: month June year 2011; completion date: month July year 2012.
(Funds received through this program may be used only for projects installed after a cost - sharing
contract has been executed and may not be used to reimburse the cost of existing strategies or
strategies already under installation. Cost - sharing contracts probably will be executed by March
31, 2010. In general, project construction / implementation must be completed within 12 months
of contract execution, monitoring of performance metrics will extend for several years,)
certify that all information on this form and the attached documents is true and correct.
Signature of the person with authority to enter into a contractual agreement.
Name { ; £..;.•, c, -.._ ..... Title Utility Director, City of Ocoee
Charles Smith
Date March 11, 2011
City of Ocoee
Application for SJRWMD Cost Share Program
March 11, 2011
Page 10 of 10