HomeMy WebLinkAboutSt. John's River Water Management District Cost-Share Agreement Contract #36590 (Tuskawilla Crossing Project) - 2021 04 14 Contract#36590
COST-SHARE AGREEMENT
BETWEEN THE
ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND CITY OF WINTER SPRINGS
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 WINTER SPRINGS ("Recipient"), 1126 East SR 434,
Winter Springs,Florida 32708.All references to the parties hereto include the parties,their officers,
employees, agents, successors, and assigns.
RECITALS
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 Florida Department of Environmental Protection's Alternative Water Supply
(AWS)cost-share funding program is designed to fund AWS projects that benefit the
region by reducing groundwater withdrawals. The District is also providing funding for
this program.
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 October 13,2020 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"):
Tuskawilla Crossing 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.
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 June 30,2022 ("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 April 1,2022. 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
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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.
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 55%of
the total Project cost,but in no event shall the District cost-share exceed$552,056. 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) "Construction cost"is defined to include actual costs of constructing Project facilities, including
construction management. Land acquisition,engineering design,permitting, and solicitation
costs are excluded. Construction 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) Work performed or expenses incurred after the Completion Date are not eligible for Cost-Share
reimbursement.
5. PAYMENT OF INVOICES
(a) Recipient shall submit itemized invoices as per the Statement of Work,Attachment A for
reimbursable expenses by one of the following two methods: (1)by email to
acct la &sdrwmd.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$552,056,whichever is less.
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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), in addition, see Attachment D,
"CONTRACT PAYMENT REQUIREMENTS FOR STATE FUNDED COST
REIMBURSEMENT CONTRACTS,"(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
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.
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(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. Star., as amended. Each party shall acquire
and maintain throughout the to 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 firriding 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 I 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.
DISTRICT RECIPIENT
Sara Driggers,Project Manager Donna Bruno, Project Manager
St. Johns River Water Management District City of Winter Springs
4049 Reid Street 1125 East SR 434
Palatka,Florida 32177-2571 Winter Springs,Florida 32671
Phone: 386-312-2305 Phone: 407-327-6550
Email: sdrigger@sjrwmd.com Email: dbruno@winterspringsfl.org
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(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 tothe 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 Manager within 30 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 dining normal business hours upon reasonable prior
notice. Recipient shall make available tote 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 oft e 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 906day
timeframe provided herein shall commence upon the to 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.
12, TERMINATION.If Recipient materially fails to fulfill its obligations tinder 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
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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 funds
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 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 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.
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
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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 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.
19. FLORIDA SINGLE AUDIT ACT
(a)Applicability. The Florida Single Audit Act(FSAA), §215.97, Fla. Stat., applies to all sub-
recipients of state financial assistance, as defined in§215.97(1)(q),Fla. Stat., awarded by the
District through a project or program that is funded,in whole or in part,through state financial
assistance to the District.In the event Recipient expends a total amount of state financial
assistance equal to or in excess of$750,000 in any fiscal year of such Recipient,Recipient must
have a state single or project-specific audit for such fiscal year in accordance with§215.97,Fla.
Stat.; applicable rules of the Department of Financial Services; and chapters 10.550(local
governmental entities) or 10.650(nonprofit and for-profit organizations),Rules of the Auditor
General.In determining the state financial assistance expended in its fiscal year,Recipient shall
consider all sources of state financial assistance,including state financial assistance received from
the District,other state agencies,and other non-state entities. State financial assistance does not
include Federal direct or pass-through awards and resources received by a non-state entity for
Federal program matching requirements. Recipient is solely responsible for complying with the
FSAA.
If Recipient expends less than$750,000 in state financial assistance in its fiscal year,an audit
conducted in accordance with the provisions of§215.97,Fla. Stat., is not required. In such event,
should Recipient elect to have an audit conducted in accordance with §215.97, Fla. Stat.,the cost
of the audit must be paid from the non-state entity's resources(i.e.,Recipient's resources
obtained from other than State entities).
(b) Program Information. This Agreement involves the disbursement of state funding by the
Florida Department of Environmental Protection(FDEP).Funding is provided under the State of
Florida,Alternative Water Supplies Program, in the amount of$500,000. The Florida Catalog of
State Financial Assistance (CSFA)number for this program is CSFA No. 37.100. The District is
providing funding in the amount of$52,056.
(c) Additional Information.For information regarding the state program under the above CSFA
number,Recipient should access the Florida Single Audit Act website located at
https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed
for additional information: Legislature's Website at http://www.leg.state.fl.us/, State of Florida's
website at http://myflorida.com,District of Financial Services' website at http://www.fldfs.com/
and the Auditor General's Website at http://www.myflorida.com/audgen/.
(d) Allowable Costs.Recipient may only charge allowable costs to this Agreement,as otherwise
provided herein. Any balance of unobligated cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a subsequent period must be returned to the
District.
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(e) Audit Requirements.Recipient shall ensure that the audit complies with the requirements of
§215.97(7),Fla. Stat.This includes submission of a financial reporting package as defined by
§215.97(2), Fla. Stat.,and chapters 10.550(local governmental entities)or 10.650(nonprofit and
for-profit organizations),Rules of the Auditor General. Recipient shall comply with the program
requirements described in the Florida Catalog of State Financial Assistance(CSFA)
[https:/Lapps.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be
used are included in the Statement of Work.
(f) Financial Reporting.Recipient shall provide the District with a copy of any reports,
management letters, or other information required to be submitted in accordance with chapters
10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of
the Auditor General,as applicable,no more than 20 days after its preparation. Recipient shall
indicate the date the reporting package was delivered to Recipient in correspondence
accompanying the reporting package. This information shall be directed to: St. Johns River Water
Management District,Finance Director,Office of Financial Services,4049 Reid Street, Palatka,
FL 32177. A copy of the report shall also be provided to the Auditor General's Office at the
following address: State of Florida Auditor General,Room 401,Claude Pepper Building, 111
West Madison Street, Tallahassee,Florida 32399-1450.
(g) Monitoring.In addition to reviews of audits conducted in accordance with§215.97,Fla. Stat., as
revised,monitoring procedures may include,but not be limited to,on-site visits by District staff,
limited scope audits,and/or other procedures. Recipient agrees to comply and cooperate with any
monitoring procedures/processes deemed appropriate by the District. In the event the District
determines that a limited scope audit of Recipient is appropriate,Recipient agrees to comply with
any additional instructions provided by the District to Recipient regarding such audit.Recipient
agrees to comply and cooperate with any inspections,reviews, investigations,or audits deemed
necessary by the District's Inspector General or the state Chief Financial Officer or Auditor
General.
(h) Examination of Records.In addition to the District's audit rights otherwise provided for herein,
Recipient shall permit the District or its designated agent,the state awarding agency,the
Department of Financial Services,the state's Chief Financial Officer and the state's Auditor
General to examine Recipient's financial and non-financial records to the extent necessary to
monitor Recipient's use of state financial assistance and to determine whether timely and
appropriate corrective actions have been taken with respect to audit findings and
recommendations,which may include onsite visits and limited scope audits.
(i) Records Retention.Notwithstanding any other provision of this Agreement to the contrary,
Recipient shall retain sufficient records demonstrating its compliance with the terms of this
Agreement for a period of five years from the date the audit report is issued, and shall allow the
District,or its designee,state Chief Financial Officer, or Auditor General access to such records
upon request. Recipient shall ensure that audit working papers are made available for such access
for a period of three years from the date the audit report is issued,unless extended in writing by
the District.
20. 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.
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21. 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.
22. 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.
23. 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.
24. 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.
25. 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,Fla. Stat., for CATEGORY TWO($35,000) for a period of 36 months
following the date of being placed on the convicted vendor list.
26. PUBLIC RECORDS.Records of N/A 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 N/A
receives a public records request,N/A 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.
27. 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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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 WINTER SPRINGS
MANAGEMENT DISTRICT
Yia ;..
Ann B.Shortelle,Ph.D.,Executive Director,or designee
Typed ame and Title
4/19/21
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
Attachment D—Contract Payment Requirements for State-Funded Cost Reimbursement Contracts
:.`�:.'' p�1A '. .
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Contract#36590
ATTACHMENT A-STATEMENT OF WORK
TUSKAWILLA CROSSING PROJECT
® INTRODUCTION/BACKGROUND
FDEP's Alternative Water Supply(AWS)cost-share funding program is designed to fund AS projects
that benefit the region by reducing groundwater withdrawals. The District is also providing funding for
this program.
The City of Winter Springs(Recipient)requested funding for their Tuskawilla Crossing Project(Project).
At its October 13,2020 meeting,the Governing Board selected Recipient's proposal for cost-share
funding,FDEP has also approved funding for this project. The total estimated construction cost of the
project is $1,000,000. The District is providing funding in the not to exceed amount of$52,056 and
FDEP is providing funding in the not to exceed amount of$500,000. This Cost Share Agreement is for
the total not to exceed amount of$552,056. Recipient is located in Seminole County.
IT. OBJECTIVES
The objective oft is contract is to provide cost share dollars that will connect the Recipient's Reclaimed
Water(RCW)Main to the reclaimed residential distribution system installed in the Tuskawilla Crossings
area. This Project will provide reclaimed water for residential irrigation to eliminate the groundwater
withdrawal associated with approximately 379 residential parcels.
Ill. SCOPE OF WORK.
The Project will connect the Recipient's RCW Main to the RCW distribution system installed in the
Tuskawilla,Crossings subdivision. The subdivision RC W distribution system was installed during site
development and is currently connected to the potable water system, The Project will disconnect the
RCW system from the potable water system and connect it to the Recipient's RCW system..
® PROJECT ADMINISTRATION AND DELIVERABLES
The Recipient shall be responsible for the following:
• Complete and obtain final project design, construction plans, and specifications;
• Obtain all required permits,including right of access tothe project sites,related to project
construction and subsequent operation and maintenance of the completed work;
• Assure compliance with all permits and permit conditions;
• Provide procurem ant for project construction-,
• Perform supervision and inspection of construction;
• Perform construction 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 construction 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
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Contract#36590
the District's Project Manager prior to payment authorization. Deliverables to be submitted with
invoices include(as applicable):
o Interim progress status summaries including inspections,meeting minutes and field notes
and dated color photographs of the construction completed to include on-going work that
represents the time-period being invoiced;
o Final invoice submittals for completed construction including inspections and dated color
photographs of the construction site prior to,during and immediately following
completion of the construction task;
o Construction plans, specifications, and contract documents for the site work must be
made available upon request;
o Written verification that the record drawings and any required final inspection reports for
the project are received;
• 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 construction photos including preconstruction, construction and
postconstruction with dates. Quarterly reports shall also be emailed to the District's Budget
Analyst at hnbarber@sjrwmd.com.
• Certification of construction completion by a Professional Engineer registered in the state of
Florida.
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 June 30,2022. The projected schedule is as follows:
....
Anticipated Anticipated
Task Description Start Date Com)Ietion Date
Construction 1/1/21 6/l/22
VI. BUDGET/COST SCHEDULE
For satisfactory completion of the Project,the District shall pay Recipient approximately 55%of the total
construction cost of the Project,but in no event shall the District's cost-share exceed$552,056. It is
anticipated that the FY breakdown will be $250,000 for FY2020-21 and$302,056 for FY2021-22.
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 13,2020. The District will not reimburse for any expenditures that occur
prior to October 13,2020.
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Contract#36590
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 r. grwmd.com. The Recipient shall submit a
final project report within 15 days of Final Completion and acceptance by City of Winter Springs
detailing the Project's accomplishments and any issues resolved during the course of the work.
Estimated Cost Schedule for Reimbursement per fiscal year(all dollar amounts are approximate and may
be reallocated between the construction tasks for the FYs).
FY 20-21 (10/1/2020—9/30/2021
__........................ Estimated
Estimated Reimbursement
Description Task Amount Amount
Construction $500,000 $250,000
FY 21 22 (10/1/2021 —9/30/2022) —.
- -- .......................
Estimated
Estimated Reimbursement
Description Task Amount Amount
. ___............_m._............_..................m............_.__. .�.�................mmmmm......._
Construction $604,112 $302,056
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Contract#36590
ATTACHMENT B
PROJECT PROGRESS REPORT
St.Johns River Water Management District Date:
Project Progress Report
Report Number:
Contract/Project Identification
Project Name: 7Tuk.wil1a Grassing Project
Recipient: City of Winter Springs
SJRWMD Contract Number: 36590 SJRWMD ProjectManager: ISaraDri ers
Recipient's ProjectManager: I Donna Bruno
Construction Schedule Reporting Period
Construction Start Date: Beginning Date:
Construction Completion Date: Ending Date:
Contract Expiration Date:
Cost-Share Budget
Total Cost-Share Budget: Cost-Share Amount Expended Thls Period:
Cost-Share Amount Expended To-date: Percent Cost-Share Budget Expended:
Spend-Down Plan
Fiscal Year 1 Fiscal Year 2
Reimbursement# Anticipated Amount Anticipated Date Reimbursement# Anticipated Amount Anticipated Date
1 1
2 2
3 3
4 4
Project Readiness and Schedule Tracking
%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
SOW Construction Tasksj ile ones/Delivera les
Total
Construction Start Date Shown Completion pate Current Completion
Task Number Tasks/Milestones/Deliverables %Complete in SOW Shown in SOW Current Start Date Date
1
Project update including problems,issues and solutions. Explain in detail.
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.
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Contract#36590
ATTACHMENT C—DISTRICT'S SUPPLEMENTAL INSTRUCTIONS(sample)
DISTRICT SUPPLEMENTAL INSTRUCTIONS#
DATE:
TO: on Bruno,Project Manager
City of Winter Springs
1125 as SR 434
Winter Springs,FL 32671
FROM: Sara Driggers,Project Manager
CONTRACT NUMBER: 36590
CONTRACT TITLE: Tuskawilla Crossing Project
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. or to proceeding in
accordance with these instructions,indicate your acceptance of these instructions for or adjustments to the
work as consistent with the Contract Documents and return to the District's Project Manager.
I. RECIPIENT'S SUPPLEMENTAL INSTRUCTIONS:
2, DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
RECIPIENT's approval: (choose one of the ftems 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:
(N/A 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:
Sara Driggers,District Project Manager
Acknowledged: Date:
Procurement Specialist
c: Contract file
Financial Services
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Contract#36590
ATTACHMENT D—CONTRACT PAYMENT REQUIREMENTS
FOR STATE-FUNDED COST REIMBURSEMENT CONTRACTS
Invoices for state-funded cost reimbursement contracts must be supported by an itemized listing of
expenditures by category(salary,travel, expenses, etc.). Supporting documentation must be provided
for each amount for which reimbursement is being claimed,indicating that the item has-been paid.
Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation shall
clearly reflect the dates of service. Only expenditures for categories in the approved contract budget
will be reimbursed.
Listed below are examples of the types of documentation representing the minimum requirements by
cost category:
Salaries: Submit a payroll register or similar documentation showing gross salary charges, fringe
benefits, other deductions, and net pay. If an individual is paid by the hour, a document reflecting the
hours worked times the rate of pay is acceptable.
Fringe Benefits:Fringe benefits should be supported by invoices showing the amount paid on behalf
of the employee(e.g., insurance premiums paid). If the contract specifically states that fringe benefits
will be based on a specified percentage,rather than the actual cost of fringe benefits,then the
calculation for the fringe benefits amount must be shown.
Exce)tx ion: Governmental entities are not required to provide check numbers or copies of checks for
fringe benefits.
Travel: Reimbursement for travel must be in accordance with §112.061, Fla. Stat.,which includes
submission of the claim on the approved State of Florida (State)or District travel voucher.
Other direct costs: Reimbursement is based upon paid invoices/receipts. If nonexpendable property
is purchased using State funds, the contract should include a provision for the transfer of the
property to the State when services are terminated. Documentation must be provided to show
compliance with Department of Management Services Rule 60A-1.017, F.A.C., regarding the
requirements for contracts which include services and that provide for the contractor to purchase
tangible personal property as defined in§273.02,Fla. Stat., for subsequent transfer to the State.
In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units, times the rate being charged. The rates must be
reasonable.
Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
The"Reference Guide for State Expenditures"prepared by the Florida Department of Financial
Services can be found at this web address: httla:/www.fldfs.com/aadir/reference agide.htm