Resolution 2010-058
RESOLUTION NO. 2010 - 58
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT, APPROVING, AND AUTHORIZING ITS CHAIRMAN TO
EXECUTE, A SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AL TERNA TIVE WATER SUPPLY GRANT AGREEMENT UP TO A TOTAL AMOUNT
OF $488,000 (OR 40% OF PROJECT COST, WHICHEVER IS LESS) FOR PARTIAL
FUNDING OF THE CONSTRUCTION OF THE IRRIGATION QUALITY WATER
BOOSTER PUMP STATION, PROJECT 74076, AND THE IRRIGATION QUALITY
WATER POND LINER, PROJECT 73950.
WHEREAS, at the March 23, 2010, meeting of the Board of County Commissioners the
Board ("Board") approved a South Florida Water Management District (the "District")
Alternative Water Supply Grant up to a total amount of $488,000 (or 40% of project cost,
whichever is less) for partial funding of the construction of the Irrigation Quality Water Booster
Pump Station and the Irrigation Quality Water Pond Liner, and authorized the Board, through its
Chair, to enter into an agreement accepting the grant with the District; and
WHEREAS, the District requires that the Board provide a resolution memorializing and
confirming the Board's aforementioned affirmative vote to approve the agreement and its
authorization for the Chair to execute the agreement;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
On March 23, 20 I 0, the Board of County Commissioners approved by majority vote the
aforementioned Agreement and authorized its Chairman to execute same.
A certified copy of this Resolution will be forwarded by the Collier County Clerk to the
District.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring
same, this 23rd day of March, 2010.
ATTEST: . ..
DWIGHT E,;BRO~K"CLERK
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BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
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Approval as to form imd legal Sufficiency:
Jennifer~~~~
Assistant County Attorney
By:
FRED W. COYLE, CHAIRMAN
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SAP REFERENCE NO.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001966
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA
THIS AGREEMENT is entered into as of the o"!;lz:~/(O by and between the South Florida
Water Management District (DISTRICT) and the Board of County Commissioners of Collier
County, Florida, as the Governing Board of Collier County and Ex-Officio the Governing Board
of the Collier County Water Sewer District (ENTITY).
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 ENTITY to
conduct Alternative Water Supply projects; and
WHEREAS, the ENTITY 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:
I. The DISTRICT agrees to contribute funds and the ENTITY 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 ENTITY to construct
and connect the Booster Pump Station to the interconnected service areas and to line
pond 2 with an impermeable fused rubberized liner.
Agreement No. 4600001966 - Page 1 of 7
2. Regardless of the actual date of execution, the period of performance of the
AGREEMENT is effective December 1, 2009 and shall continue for a period of ten
months (10) months.
3. The total DISTRICT contribution shall not exceed the amount of Four Hundred Eighty-
Eight Thousand Dollars and No Cents ($488,000.00). 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 $488,000.00. In no event shall the DISTRICT be liable for any
contribution hereunder in excess of this amount. In the event the ENTITY is providing a
cost sharing contribution as provided for in paragraph 5 below, the ENTITY 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 ENTITY 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 ENTITY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The ENTITY 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 ENTITY shall cost share in the total amount of One Million Six Hundred Twelve
Thousand Dollars and No Cents ($1,612,000) in conformity with the laws and regulations
governing the ENTITY.
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 ENTITY 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
ENTITY but shall be open to periodic review and inspection by either party. No work set
forth in Exhibit "A" shall be performed beyond August 31, 2010 unless authorized
through execution of an amendment to cover succeeding periods.
7. The ENTITY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
ENTITY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The ENTITY 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 ENTITY that the DISTRICT shall
Agreement No. 4600001966 - Page 2 of7
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract(s).
8. Both the DISTRICT and the ENTITY 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
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 ENTITY under this AGREEMENT shall be deemed to be the property of the
ENTITY upon completion of this AGREEMENT. The ENTITY shall retain all
ownership to tangible property.
9. The ENTITY, 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 ENTITY and the officers, employees, servants and agents thereof. The ENTITY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal iI\iury and property damage, with such protection being
applicable to the ENTITY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
the ENTITY subcontracts any part or all of the work hereunder to any third party, the
ENTITY shall require each and every subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as required by the ENTITY. Any contract
awarded by the ENTITY shall include a provision whereby the ENTITY's subcontractor
agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages
arising in connection with the ENTITY's subcontract.
10. The ENTITY 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 ENTITY, 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.
Agreement No. 4600001966 - Page 3 of7
13. The ENTITY, 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 ENTITY, upon request, as to any such laws of which it has
present knowledge.
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 ENTITY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of
termination.
15. The ENTITY shall allow public access to all project documents and materials in accordance
with the provisions of Chapter 119, Florida Statutes. Should the ENTITY 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 ENTITY.
16. The ENTITY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The ENTITY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes:
A. Maintenance of Records: The ENTITY 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 ENTITY 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
ENTITY 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 ENTITY as set forth in Exhibit "C". The ENTITY shall maintain all
financial/non-financial records through:
Agreement No. 4600001966 - Page 4 of7
(\) Identification ofthe state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) 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
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 ENTITY's financial and non-
financial records to the extent necessary to monitor the ENTITY'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
Board of County Commissioners of
Collier County, Florida
Attn: Nathan Beals, Project Manager
Attn: Max Guerra, Project Manager
Attn: Sharman Rose, Contract Specialist
3301 Gun Club Road
West Palm Beach, FL 33406
Telephone No. (561) 682-2167
FAX No. (561) 682-5624
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.
3301 East Tamiami Trail, Bldg. H, 3,d Floor
Naples FL 34112
Telephone No. (239) 252-2583
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach, Florida 33416-4682
20. ENTITY 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.
Agreement No. 4600001966 - Page 5 of7
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, ifrequired.
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, entity 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 carmot be readily resolved shall be
submitted jointly to the signatories ofthis 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. Ajoint 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. 4600001966 - Page 6 of7
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
By:
Frank Hayden, Director of Procurement
SFWMD PROCUREMENT APPRO~D
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BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA
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Name of Authorized Individual
, Title: C.t\A\~(I1AI\J ooAi\> COO,v-r-/ (omll1'SSto,uE.rZ5
Approved as to form & legal sufficiency
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Assistant County Attorney
Agreement No. 4600001966 - Page 7 of7
EXHIBIT "A"
STATEMENT OF WORK
11T1gatlOn Quallty (lQ) Water Booster Pump Station and Pond Lmer
Collier County \Vater Sewer District
A. I~TROD[:CTION
Project 1: Irrigation Quality (lQ) Water Booster Pump Station
Colller County reuses over 20 million gallons per day (~lGD) of treated wastewater. The
maJonty of the migation quality (lQ) water is used by commerCIal and residentIal uscrs for
irrigation, Colher County also uses IQ water for irrigation at variOUS parks and roadway medians.
A small portion of the IQ water IS used for environmcntal mltigation, IQ water is water other
than potable water which mcets all of the state and local regulatory requirements as mandated by
the FDEP pem1its and the F AC. Collier County serves two IQ water servicc arcas referrcd to as
the South and '\;orth service areas, The South service area lS primarily served by treated effluent
from the South County Water Reclamation Facility (SCWRF) and the '\orth servicc area is
served by the North County \Yatcr Rcclamation Facility (NC\VRF).
Colller County has identlfied a need to construct the IQ \Vater Booster Pump StatIon to add
fleXIbility and increased efficiency to then lQ water system, The IQ water boostcr pump station
will enhance the interconnectIons of the "'0I1h and South IQ water service areas, allo\\lI1g the
County to serve as many customers as pOSSible,
Project 2: 'Irrigation Quality (lQ) Water Pond Liner
Furthermore, the (NCWRF) has a constructed capacity to treat 24,1 million gallons per day
(MGD) of wastewater and converts approximately 95% of the wastewater flow to iITigation
quality (IQ) water for distributIon, At the ^,CWRF, ponds two and tClUr are currently used to
dispose of non-complIant IQ water by pem1eatiol1 into the SOt!. Collier County now wants to use
the ponds for storage of compliant IQ water. The berms and access roads around the ponds wIll
nced to be enhanced and an interconnection system will be added to improve the f1exibility of the
storage ponds,
The project will be done in phases and the first phase will linc pond t\vO with an Impermeable
fused rubberized liner. ThIS project will allow Collier County to use Pond 2 for storage of
compliant IQ water, improve avaIlabIlity t,)r distribution, and reduce potable water llsage,
B. OB.JECTIVES
The objectIves ofProJcct I are to enhance thc interconnectIon of the \iorth and South IQ water
. '
service areas, \0 improve the reliability of the IQ water system, and allow staff to optimize the
use of this limited resourcc.
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The objectIves of Project 2 are to lIlcrease storage capacity of compliant IQ water and improve
availabIlity for distribution
C. SCOPE OF WORK
Collier County will construct and connect the Booster Pump Station to the interconnected servIce
areas, The deliverables for Project 1 will include the installation of two 3.5 MGD pumps with
variable frequency dnves and associated piping and valves, lllstrumentation and controls, and
sIte work and restoration. The dehverables for Project 2 includes lining pond two with an
impermeable fused rubberized liner.
D. WORK BREAKDOW:"i STRUCTVRE
The major tasks and task descnptions that will be necessary for the completion of the scope of
work are as follows.
Task 1: Install two (2) 35 MGD pumps and associatcd piping, valves, instrumentation,
controls, electrical equipment, sjte work, and restoration, Collier County shall submit a
Certificate of Completion and invoice.
Due Date 8/31/2010
The Reclaimed Water Booster Pump Station will be located along Livingston Road, just south of
Golden Gate Parkway,
Task 2 Install impermeable fused rubberized liner III Pond 2 at the NCWRF. Collier County
shall submIt a Certificate of Completion and invoice.
Due Date 8/3112010
The NCWRF is located at 10500 Goodlette-Frank Road, Pond 2 is located in the south half of
the property,
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EXHIBIT "B"
SUMMARY SCHEDllLE OF TASKS AND DELIVERABLES
Imgation Quality (lQ) Water Booster Pump Station and Pond Liner
Collicr County Watcr Scwer District
. If the total consideration for this AGREEMENT IS subjcct to multi-year funding
allocations, funding for cach applicable tiscal year of this AGREEMENT will be subject
to Governing Board budgetary appropriation, In the evcnt the DISTRICT does not
approve funding for any subsequent fiscal year, this AGREEMENT shall terminatc upon
expenditure of thc currcnt funding. notwithstanding othcr proviSions in this
AGREEMENT to the contrary.
. A summary deliverable and payment schcdule assocIated with thIS project is set forth
below including specific deliverables assocIated with each task and due dates for all
deliverables
. All dehverables submitted hereunder are subject to review and acceptance by the District.
. Acceptabllity of all work will be based on the judgment of the District that the work is
technically complete and accurate,
. Payment shall bc made following receipt and acceptance by the DIstrict of project
Invoices in accordance with the schedule set forth below,
. All inVOIces shall be accompanied by adequate documentation to demonstrate completion
of each task in accordance with this Statement of Work document.
Task
Description
Dclivcrables
Due
Date
SFWMD
Not-To-
Exceed
Payment
Install two (2) 3,5 MGD
pumps, associated pIping,
valves, instrumentation,
controls, electrical equipment,
sitc work. and rcstoration,
Certificate of 08!3 \11 0 S200,000.00
Completion/
Invoice
2
Install Impernleable Fused
Rubbcnzed Liner in Pond 2,
Certificate of 08/31 10 S288.00000
Completion!
Invoice
Total SFWMD Paymcnt
Collicr County Water Sewer District
Total Project Cost
$488,000.00
$1.612,000,00
$2.100,00000
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