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Backup Documents 04/13/2010 Item #16B 9ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLI1 6 u 9 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office . The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through 94 as appropriate for additional signatures, dates, and/or information needed If the document is already complete with the ex cotion of the Chairman's sienature. draw a line throueh routine lines 41 throueh #4 comnlete the checklist and forward to .Sue Filson !line #51 Route to Addressee(s) (List in routing order Office Initials Date I. Initial Applicable) 2. April 13, 2010 Agenda Item Number 16 -B -9 3. Chairman, with the exception of most letters, must be reviewed and signed by the Office of the 4 Scott R. Teach, Deputy County Attorney County Attorney Office Number of Original 05/12/10 5 Ian Mitchell, BCC Supervisor Board of County Commissioners J 5�i3P l 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary . Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact stall for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Brandy Otero Phone Number (239) 252 -5859 Contact Initial Applicable) Agenda Date Item was April 13, 2010 Agenda Item Number 16 -B -9 Approved by the BCC Chairman, with the exception of most letters, must be reviewed and signed by the Office of the Type of Document SFWMD Agreement Number of Original 2 Attached County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully Documents Attached INSTRUCTIONS & CHECKLIST 1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_ numbenoodocument _ numbera Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is appropriate. Yes N/A (Not Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the SRT Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials. 2. All handwritten strike- through and revisions have been initialed by the County Attorney's Office and N/A all other parties exec t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the document or SRT the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's signature and SRT initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip should be N/A provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to 'fallahassec within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 04113/10 and all changes made during the meeting SRT have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. 1. Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 «matter_ numbenoodocument _ numbera 16Bg MEMORANDUM Date: May 14, 2010 To: Brandy Otero, Operations Analyst Trans /Stormwater Management From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Agreement No. 4600002032 between the County and South Florida Water Management to provide funding assistance for the Gateway Triangle Phase II Project Attached are two (2) original agreements, referenced above, (Item #16139) approved by the Board of County Commissioners on April 13, 2010. After forwarding to the appropriate party for signature, please return a fully executed original to the Minutes and Records Department for the official record of the Board. If you have any questions, please call me at 252 -8406. Thank you. Attachment • SOUTH FLORIDA WATER MANAGEMENT DISTRICT March 4, 2010 Overnight Delivery 7984 4597 2042 Mr. Shane Cox, P.M. Collier County MAC' Department of Storm Water Management 2 ZIJ'� 3301 Tamiami Trail E, Building H Naples, FL 34112 Dear Mr. Cox: Subject: Contract # 4600002032 Enclosed please find two (2) copies of the above referenced document stamped "Original'. Please have both documents executed by an individual with signature authority on behalf of your organization and return both originals to my attention within two (2) working weeks. If applicable, and not previously submitted, a Certificate of Insurance reflecting the required coverage(s) as well as documentation to demonstrate official delegation of signature authority up to the contract monetary limits should also be provided with the executed documents. Any delays in the return of the documents may jeopardize the availability of funding. A fully executed original will be returned to you for your files upon execution by the South Florida Water Management District (District). Your cooperation and timely response will be greatly appreciated. Note that this document is not binding on the parties until it is approved by the appropriate level of authority within the District and executed by both parties. Should there be any questions, or if you require any additional information, please do not hesitate to contact me. Sincerely, Patrick Wiener Senior Contract Specialist Procurement Department pwiener @sfwmd.gov (561) 682 -6220 FAX: (561) 681 -6275 PW /kr Enclosure c: Molly Meadows, MSC 4205 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 FL WNIS 1- 800-432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416.4680 www.sfwmd.gov -`PjFN Mq Nq^ SAP REFERENCE NO. • i • SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. 4600002032 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS THIS AGREEMENT is entered into as of the 3 i .7 l&j/ 2 d z) by and between the South Florida Water Management District (DISTRICT) an her County Board of County Commissioners (COUNTY). WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to conduct the Gateway Triangle Phase II; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the Gateway Triangle Phase II. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of one (1) year. Agreement No. 4600002032 - Page I of 7 3. The total DISTRICT contribution shall not exceed the amount of $39,329.00. The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $39,329.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of $ 39,329.00 in conformity with the laws and regulations governing the COUNTY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond the expiration date of the contract unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are Agreement No. 4600002032 - Page 2 of 7 ' 1 developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and /or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the COUNTY under this AGREEMENT shall be deemed to be the property of the COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all ownership to tangible property. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. Agreement No. 4600002032 - Page 3 of 7 16B9 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all financial /non - financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and Agreement No. 4600002032 - Page 4 of 7 16Bg applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and /or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal 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. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Atm Molly Meadows. Project Manager Atm:Patrick Wiener, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No. (561) 682 -6220_ Collier County Board of County Commissioners Attn: Shane Cox, Project Manager Department of Storm Water Management Address: 3301 Tamiami Trail E, Bldg H Naples, Fl 34112 Telephone No. (239) 252 -5792 19. Invoices, clearly marked "ORIGINAL ", shall be sent to the attention of Accounts Payable at the DISTRICT's address specified below. All invoices shall reference the AGREEMENT and SAP Reference Numbers specified on page one of this AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the DISTRICT's Project Manager either at the address specified in paragraph 18 above or via Facsimile (FAX) using the FAX number also specified above. South Florida Water Management District Attention: Accounts Payable P.O. Box 24682 West Palm Beach, Florida 33416 -4682 20. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 21. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. Agreement No. 4600002032 - Page 5 of 7 • i • 22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, COUNTY or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 24. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 26. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 26 (b) Exhibit "A" Statement of Work (c) Exhibit `B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference Agreement No. 4600002032 - Page 6 of 7 • i • IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVED By: Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT in Carrie Hill, Interim Director of Procurement COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST DWIGHT E. BROCK,. LERK � By' -- FRED W. COYLE BY: Name of Authorized Individual Title: Chairman t1�rw' �c►x�. 7 ne to torte k d adlleM.ep Deputy County Attorney Item # Agenda C J —1 D ate _ 1 Date 5—L3—t0 Agreement No. 4600002032 - Page 7 of 7 Exhibit "A" GATEWAY TRIANGLE PHASE II 1.0 Introduction I • i • This is a cost share agreement between South Florida Water Management District (District) and Collier County for the second phase of Gateway Triangle Stormwater Management Area. The Gateway Triangle Area is a highly urbanized residential /commercial area adjacent to Naples Bay. Before Phase I the stormwater management facility was old, inadequate, and unable to provide relief from urban flooding. Uncontrolled and untreated stormwater runoff produced heavy loads of pollutants which were carried directly into Naples Bay. Upon completion of Phase I and with Collier County initiating a local energized Community Redevelopment Agency Phase II is ready to begin. The County and the Community Redevelopment Agency have acquired an additional 1.58 acres of land for the further expansion of the pond. This project is listed as one of the Local Government Capital Improvement Projects listed in the Naples Bay, Surface Water Improvement Management Plan (Plan). The plan was adopted January 2007 by the District's Governing Board. The Plan calls for the District to work with local governmental partners on watershed master planning and implementation especially in the case of areas built prior to adoption of stormwater management regulations (1984), and areas of priority waterbodies. A key tool is the use of state funding for these types of partnering ventures with our local partners. This project will use identified State Appropriations. 2.0 Objective The purpose of the Gateway Triangle, Phase II project is to attenuate flooding by reducing flows and durations of discharge events in the Gateway Triangle Area while improving the quality of runoff ultimately discharged to Naples Bay. Phase I included a 2.68 acre detention pond, sheet piling, box culvert and Stormwater piping to Linwood Ave. This phase was completed in 2008. Phase II of the Pond's construction includes three hydraulic pumps, expansion of the pond's footprint by 1.5 acres, and two outfall points on the bay with associated piping. There will be two primary pumps and one back -up pump, underground pipes along Linwood Ave and Commercial Drive which lead to the bay south of US41 and north of Davis Blvd. The portion of the project this agreement will sponsor is a portion of the stormwater pipe and /or the partial excavation of the additional pond. This support will run out once the funding limits have been reached, which is stated in the Payment and Deliverable Schedule. After the funding amount that is stated in the Payment and Deliverable Schedule has run out Collier County will continue to support the project. Agreement # 4600002032 Page 1 • i • 3.0 Scope of Work Collier County shall be responsible for the satisfactory completion of the project, which will be explained in more detail in the work breakdown area of this statement of work. The Gateway Triangle Area is located just east of the City of Naples adjacent to US 41 and Davis Boulevard. The Triangle extends east for almost one mile to Airport- Pulling Road. The stormwater improvement project is limited to the west portion of the triangle area beginning at the intersection of Davis Blvd. and US 41 East to the centerline of Shadowlawn Drive. r s 'a � — s ' Y 0 Y 9 flI1.I)ESOnI'E Y n< � vG tlab < Y — Y Y � � Y Q.. - RADIO HII Stor imater hnprulement Projoct DAVIS DEAD Y R 9 7 F RA ITI. ESVAAE IIA]I.NIOCR' ri <f! i T4 c s rrw' I T' Collier County Gateway Triangle slonnwater Impio\ement Project Phase 1 T_ IIal. 4.0 Work Breakdown Structure Collier County shall be responsible for the satisfactory completion of the project and may retain a consultant to provide professional services needed to complete Phase II. Agreement # 4600002032 Page 2 Collier County, or its designated consultant, as applicable, is responsible for project management, budget management, quality control, and public outreach. Collier County is responsible for reviewing and approving deliverables from the consultant and meeting the project objectives. 4.1 Task 1: Construction: Collier County shall perform the following: Task la Deliverable: A letter from COLLIER COUNTY on official letterhead with contract #, date, amount of payment request with a brief statement regarding status of project including pictures. Invoice from COLLIER COUNTY with amount requested, invoice number, and date. Back up Invoice(s) will include Contractor /Consultant/Vendor Invoices and /or Completion Certificate. Documentation needs to demonstrate the total amount of cost share of $78,658. Agreement # 4600002032 Page 3 Ry Exhibit `B" PAYMENT AND DELIVERABLES SCHEDULE This is a cost -share project with funding coming from the District and Collier County. The Phase II component in this cost share agreement totals $78,658. The District's cost share shall not exceed 50% of the $78,658. Total payment by the District shall not exceed the amount of $39,329 for this agreement scope. All invoices shall be accompanied by adequate documentation to demonstrate completion of each task in accordance with the Statement of Work requirements. All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptance that the work is technically complete and accurate will be based on the judgment of the District staff. Should the total consideration for this AGREEMENT become subject to a multi -year funding allocation(s), funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions, amendments, or extensions to this AGREEMENT. Task Deliverable Due Date* DISTRICT Not -to Exceed Payment ** Collier County * ** Task 1: A letter from COLLIER COUNTY 0813012010 $39,329 $39,329 Stormwater piping on official letterhead with contract #, and/or the partial date, amount of payment request excavation of the with a brief statement regarding additional pond. status of project including pictures. Invoice from COLLIER COUNTY with amount requested, invoice number, and date. Back up Invoice(s) will include Contractor/Consultant/Vendor Invoices and /or Completion Certificate. Documentation needs to demonstrate the total amount of cost share of $78,658. Not -to Exceed Total Payment $39,329 $39,329 uaLca me icrcrcnceu rruni me uate or execution of tms agreement and are estimated. * * The District shall only be obligated to pay for documented actual expenditures within the not -to- exceed amounts specified above. In the event actual expenditures by COLLIER COUNTY are less than the not -to- exceed for a particular deliverable, COLLIER COUNTY shall have the right to apply the unexpended balance towards a subsequent task. COLLIER COUNTY shall provide written notice of its decision to exercise this right. In no event shall the District's total obligation exceed $39,329 as specified above. ** *COLLIER COUNTY shall provide evidence its minimum 50% cost share has been met for each invoice submitted. Agreement # 4600002032 Page —4