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Backup Documents 09/24/2013 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T t6 2 THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGN TU Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. * *NEW ** ROUTING SLIP Complete routing lines #1 through #2 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routing lines k I thrnuoh !!2 rmm letr the ohn,4Ba nnA r ...,,.a tt.o ..... A »,._..e.. Route to Addressees (List in routing order) Office Initials Date 1. aporopriate. Agenda Item Number Applicable) 2. r 34 GL t 37_ 3. County Attorney Office County Attorney Office �r^'` 19/�y 4. BCC Office Board of County Commissioners AA b Z 5. Minutes and Records Clerk of Court's Office f � PRIMARY CONTACT INFORMATION 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, may need to contact staff for additional or missing information Ct..n , ..._ ..---%- wn a Name of Primary Staff Contact / Department Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is hone Number N/A (Not Agenda Date Item was aporopriate. Agenda Item Number Applicable) Approved by the BCC r 34 GL t 37_ Type of Document Does the document need to be sent to another agency for additional signatures? If yes, Number of Original Attached F��d , I e e— vne,14- Documents Attached a PO number or account Original document has been signed/initialed for legal sufficiency. (All documents to be number if document is signed by the Chairman, with the exception of most letters, must be reviewed and signed A w_ to be recorded by the Office of the County Attorney. INSTRUCTIONS & CNF.( Ki,iRT,.r�►..�.1 , L Fonrs, County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05: Revised 11/30/12 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not aporopriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? 2. Does the document need to be sent to another agency for additional signatures? If yes, provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters, must be reviewed and signed A w_ by the Office of the County Attorney. 4. All handwritten strike - through and revisions have been initialed by the County Attorney's �( Office and all other parties except the BCC Chairman and the Clerk to the Board µJ A 5. The Chairman's signature line date has been entered as the date of BCC approval of the document or the final negotiated contract date whichever is applicable. 6. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's A� si nature and initials are required. 7. In most cases (some contracts are an exception), the original document and this routing slip should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC onq (enter date) and all changes made during the meeting have been incorporated in the attached document. The County 0 Attorney's Office has reviewed the changes, if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. L Fonrs, County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05: Revised 11/30/12 16C2 Ann P. Jennejohn From: RaineyJenniferA <JARainey @colliergov.net> Sent: Thursday, October 03, 2013 2:11 PM To: Ann P. Jennejohn Cc: RaineyJenniferA Subject: Re: Agreement #4600002929 w /SFWMD It would be great if you sent them for me, I would like a copy as well please. The contract specialist is the correct person. Sent from my iPhone On Oct 3, 2013, at 2:03 PM, "Ann P. Jennejohn" <Ann.Jennelohn @collierclerk.com> wrote: Hi Jennifer, The South Florida Water Management District agreements (Item #16C2 9- 24 -13) have been signed and I thought I'd see if you want me to send them over to SFWMD's West Palm Office for final processing. We send these agreements to their office quite often. Or would you prefer it's handled differently? I thought I'd offer. If you decide you do want me to send them, I need to know if they're to be sent to the contract specialist? Just let me know how you'd like to complete the process. Thanks! Ann Jennejohn, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) Please visit us on the web at www.colliercierk.com This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s). It may not be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or take any action induced by or in reliance on information contained in this message. Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of Collier County. If you have received this communication in error, please notify the Clerk's Office by emailing helodesk@collierclerk.com quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility for any onward transmission or use of emails and attachments having left the CollierClerk.com domain. Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. CLERK OF Dwight E. Brock COLLIER COt Clerk of Courts 3315 TAMIAMI TRL E STE 102 NAPLES, FLORIDA 34112 -5324 October 4, 2013 Ms. Sharman Rose SFWMD 3301 Gun Club Road West Palm Beach, FL 33406 of Collier CIRUIT COURT FY COURTHOUSE P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 16 C2 Clerk of Courts Accountant Auditor Custodian of County Funds Re: Agreement #4600002929 between SFWMD and the Board of County Commissioners of Collier County, Florida for funding assistance to continue construction of ASR Well #2 on Livingston Rd in Collier County Dear Ms. Rose, Attached for further processing are two original copies of the above referenced agreement, approved by the Collier County Board of County Commissioners on September 24, 2013. After the agreement(s) have been executed, please return one of the original copies to the Collier County Minutes and Records Department that serves as Clerk to the Board, for the Board's Official Record. I have included a mailing label to facilitate processing. Upon receipt of that original I will provide a copy to designated staff with the County's Public Utilities Department. Thank you. DWIGHT E. BROCK, CLERK &W W Ann JennedV, Deputy Clerk Attachments (2) Phone- (239) 252 -2646 Fax- (239) 252 -2755 Website- www.CollierClerk.com Email- CollierClerkga collierclerk.com Z1, 16C2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT October 28, 2013 To Whom It May Concern Collier County Board Minutes & Records Department 3299 Tamiami Trail East, Suite 401 Naples, FL 34112 To Whom It May Concern: Ground Delivery Fedex: Subject: Contract # 4600002912, 4600002929, 4600002932 Collier County t O 0 0 S�O , 3 n =o �w N �y Please find enclosed one (1) fully executed copy of the above referenced document. Thank you for your efforts on behalf of the South Florida Water Management District (District). Should there be any questions, or if you require any additional information, please contact me. Sincerely, Sharman Rose Sr. Contract Specialist Procurement Bureau shrose @sfwmd.gov (561) 682 -2167 FAX: (561) 682 -5624 /SR Enclosure c: Max Guerra - BCB Service Center Ananta Nath - MSC 3510 3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 • FL WATS 1 -800- 432 -2045 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 • www.sfwmd.gov E 16 C2 '' Ann P. Jennejohn From: Ann P. Jennejohn Sent: Tuesday, October 29, 2013 2:43 PM To: RaineyJennifer (JenniferRainey @colliergov.net) Subject: Agmt 4600002929 w /SFWMD (9 -24 -13 Item #16C2) Attachments: Agmt #4600002929 w_SFWMD.pdf Hi Jennifer, Attached is an fully executed copy of Agreement No. 4600002929 w /SFWMD, approved by the Board September 24, 2013 as Agenda Item #16C2 for for the IQ Water Aquifer Storage and Recovery Well 2 Project ( #74030) Please make sure Mr. Chmelik is provided a copy for his records. And if you'd like a certified "paper" copy too, just let me know, I'd be happy to send one via inter - office mail. Thank you for your help, I hope things are going well in Utilities. Ann Jenne john, Deputy Clerk Clerk of the Circuit Court Clerk of the Value Adjustment Board Collier County Minutes & Records Dept. 239 - 252 -8406 239 - 252 -8408 (Fax) 16 C2 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT ALTERNATIVE WATER SUPPLY FY2014 FUNDING PROGRAM MAW CIS VOCUS(ze'll-, ors oI ImroN I I Recipient: Collier County Agreement Number: 4600002929 Recipient's Project Manager: Governing Board Approval Date: September 12, 2013 Mr. Tom Chmelik, Director, Public Utilities Division, Planning & Project Management District Funding Amount: $600,000.00 Address: 3339 East Tamiami Trail Contract Term: October 1, 2013 — September 30, 2014* Naples, FL 34112 Telephone No: (239) 252 -6213 *All deliverables are due by September 30, 2014 Fax No: (239) 252 -6452 E -mail Address: TomChmelik@colliergov.net SFWMD Project Manager: Max Guerra Telephone No.: (239) 597 -1505 x 7612 E -mail Address: m u�ksfwmd.gov Fax No.: (239) 263 -8166 Contract Specialist: Sharman Rose Telephone No.: (561) 682 -2167 Fax No.: (561) 682 -5117 Address: 3301 Gun Club Road West Palm Beach, FL 33406 Insurance: Not Applicable Federal Employer Identification Number: Project Title: FY2014 AWS — BCB Project Description: Collier County - Aquifer Storage and Recovery (ASR) Well #2 Agreement No. 4600002929, Page 1 of 12 16 C2 a This Agreement is entered into between "the Parties," the South Florida Water Management District, the "District ", and the undersigned party, hereinafter referred to as the "Recipient." The Recipient 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 shall abide by all legal, financial and reporting requirements, such as matching funds and final reports for all funding received by the Recipient from the District. ARTICLE 1— PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A ", hereinafter referred to as the "Project ", and made a part of this Agreement. 1.2 As part of the deliverables to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District, any supporting documentation utilized as a basis for payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 Attached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule Exhibit C Status Report Exhibit D Final Project Summary Report ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall reimburse the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60 %) or more of the Project's construction cost, unless a different amount is authorized pursuant to s. 373.707(8)(e), Florida Statutes. The Recipient acknowledges that the District may authorize an amount less than forty percent (40 %); and, if current fiscal year construction costs decrease the approved funding may be decreased. The approved funding is a percentage, up to forty percent (40 %) based on the estimated current fiscal year project construction cost. For FY14, payment(s) will be made by the District for work authorized and completed between October 1, 2013 and September 30, 2014. The District will not Agreement No. 4600002929, Page 2 of 12 ra 16 CZ reimburse the Recipient for FY14 work that commences prior to the start date of the Agreement or for work completed after September 30, 2014. 3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to Exhibit "A ". By providing funding hereunder, the District does not make any warranty, guaranty or any representation whatsoever regarding any of the work performed hereunder, including but not limited to, the adequacy or sufficiency of all or any part of work described in Exhibit "A ". 3.3 The Recipient hereby agrees not to use District funding for any work associated with the research, design and permitting aspects of the Project. District funds shall only be used for the construction activities described in Exhibit "A ". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. test/production wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the deliverable(s) as described in the "Summary Schedule of Tasks and Deliverables ", attached hereto as Exhibit `B ". The Recipient shall provide a completed Project Status Report attached hereto as Exhibit "C" within ten (10) business days of the following due dates December 31, 2013, March 31, 2014 and June 30, 2014. In addition, on or before September 30, 2014, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "D" and the Final Reimbursement Request Package. Concurrent with delivery of the final deliverable(s), the Recipient shall provide certification that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice(s) shall reference the District's Agreement Number and Purchase Order Number and shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable PO Box 24682 West Palm Beach, FL 33416 -4682 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval process, the Recipient shall also submit a copy of each reimbursement request package to the District's Project Manager(s). The Recipient's reimbursement request package shall contain the backup documentation required (e.g., the request shall include but is not limited to a copy of Recipient's invoice (include the District's Agreement Number and Purchase Order number), signed Agreement No. 4600002929, Page 3 of 12 '16C2 -!l certification letter on Recipient's letterhead (signed by an authorized representative of the Recipient), tasks completed per the Agreement (if all tasks finished, a statement indicating that the project is completed per the Agreement) and, vendor invoices /application for payment) for the District Project Manager(s) to ascertain that each deliverable in the invoice has been substantially complete. The Recipient shall submit the final reimbursement request package and Exhibit "D" on or before September 30, 2014. Failure of the Recipient to follow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the District. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. New Well Construction Projects: For projects involving construction of new wells, the Recipient shall: 1. Submit design of well construction and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the final testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive Use or other permit or permit applications, the Recipient shall provide the District Project Manager(s) with written proof that the appropriate permitting agency contact is aware of and agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact Emily Richardson (561) 682 -6824, Emily. Richardsongsfwmd.gov, for instructions on submitting data. 4.4 The Recipient shall provide to the District regular project status reports (Exhibit "C ") quarterly by December 31, 2013; March 31; June 30, 2014 and Project Summary Final Report on September 30, 2014. Reports shall provide detail on the progress of the Project; amounts expended to date per task and outline any potential issues affecting Project completion or overall schedule. Exhibit "C" shall be submitted to the District's Project Manager(s) via e-mail within ten (10) business days of the specified due date. In the event actual construction costs are less than the not -to- exceed amount for a particular task stated in Exhibit `B ", the Recipient will have the right to apply the unexpended balance toward another task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right. If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event, shall the District's total obligation exceed the amount specified in Exhibit `B" Agreement No. 4600002929, Page 4 of 12 16 C-2 for this Cooperative Agreement; however, an actual construction cost less than an estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the District Project Manager(s) for attempted resolution or action. The District Project Manager(s) shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications regarding this Agreement, other than those set forth in paragraph 4.2 above, shall be in writing and forwarded to the attention of both the District's Project Manager(s) and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. 5.3 Should either Parry change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Number and Purchase Order Number. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring the Recipient to materially perform in accordance with the terms and conditions of the Agreement. In accordance with Chapter 40E -7, Part II of the Florida Administrative Code, "Material Breach" is defined as any substantial, unexcused non - performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the Agreement. If the Recipient materially fails to fulfill its obligations under this Agreement, the District will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The Recipient shall have thirty (30) days to cure the breach. If the Recipient fails to cure the breach within the thirty (30) day period, the District shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination for Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E -7, Part II of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be entitled to recover procurement costs in addition to all other remedies under law and/or equity. Agreement No. 4600002929, Page 5 of 12 16 C2 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient. The performance of work under this Agreement may be terminated by the District in accordance with this clause in whole, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the event of termination, the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. The District shall be relieved of any and all future obligations hereunder, including but not limited to, lost profits and consequential damages under this Agreement. The District may withhold all payments to the Recipient for such work until such time as the District determines the exact amount due to the Recipient. 6.3 In the event a dispute arises, which the Project Managers' cannot resolve between themselves, the Parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the Parties, and the cost of the mediation shall be borne equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 6.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient fails to complete the construction and performance of all work items described in Exhibit A, Statement of Work. ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient 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 completing performance and receiving final payment under 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 date of final payment under this Agreement and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third parry arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records Agreement No. 4600002929, Page 6 of 12 16 C2 relating to this Agreement until the final disposition of the legal dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall perform audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 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. The Recipient 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 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 Recipient's financial and non- financial records to the extent necessary to monitor the Recipient'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. ARTICLE 8 — STANDARDS OF COMPLIANCE 8.1 The Recipient, 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 Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 The laws of the State of Florida shall govern all aspects of this Agreement. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims, which are justifiable in federal court. Agreement No. 4600002929, Page 7 of 12 16 C2 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provisions of Chapter 119 of the Florida Statutes. Should the Recipient 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 Recipient. 8.4 Pursuant to Section 216.347 of the Florida Statutes, the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and other governmental approvals, prior to commencing performance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. The Recipient agrees to comply with the terms and conditions of all permits. 8.6 The Recipient hereby assures 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 is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.133 of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in all requests for proposals and subcontracts related to construction of this Project. 8.8 A Recipient who operates a public water supply utility shall, by February 1, 2014 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adopted rate structure on or before May 31, 2014. 8.9 Recipient of funds for a reuse project shall provide a status report by May 31, 2014 addressing the following issues: (1) accounting of reclaimed water usage and method used (meters, etc.); (2) all rates and charges for reclaimed water; (3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water; and (4) providing the District with the location of each reuse facility owned by the Recipient. 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with Agreement No. 4600002929, Page 8 of 12 16 C2 the application water use permit(s). In the event the Project is not operated or completed in accordance with these requirements, the Recipient, if requested by the District, agrees to reimburse the amount of funding the District provided to this project. This amount may be prorated based on the number of years the completed project is operated using an assumed project life of 20 years. Furthermore, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2014. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before September 30, 2014. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statute 768.28, defend, indemnify, save, and hold the District, its officers, directors, board members, agents, assigns, and employees harmless from liabilities, damages, losses, and costs, including but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and other persons employed or utilized by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by the Recipient to defend the District in the event the District is named in any legal action. Pursuant to section 768.28, Florida Statues, nothing herein shall require the Recipient to be liable for intentional or reckless acts or for actions committed in bad faith or malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 768.28. The Recipient further acknowledges that it is solely responsible for ensuring its compliance and the compliance of its subcontractors, suppliers, agents, assigns, invitees and employees with the terms of this Agreement. This paragraph shall survive the expiration or termination of this Agreement. ARTICLE 10 — RELATIONSHIP BETWEEN THE PARTIES 10.1 The Recipient shall be considered an independent contractor and neither party shall be considered an employee or agent of the other parry. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance of this Agreement. Both parties are free to enter into contracts with other parties for similar services. 10.2 The Recipient shall not assign, delegate or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shall be null and void. Agreement No. 4600002929, Page 9 of 12 16 C2 10.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or privileges under this Agreement in any capacity whatsoever, either as third party beneficiary or otherwise. ARTICLE 11— GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God or for any other cause of the same character, which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work, Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in Articles 1 -11 (b) Exhibit "A" Statement of Work (c) Project Information Document (d) All other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this Agreement by the Parties, their successors and assigns 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. 11.4 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 the Agreement shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This Agreement may be amended only with the written approval of the Parties. Agreement No. 4600002929, Page 10 of 12 16 C2 11.6 This Agreement states that all publicity /outreach media will be jointly planned by the Recipient and the District and any and all materials, events, or endorsements arising out of this award will require prior District approval. 11.7 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. The Recipient recognizes that any representations, statements or negotiations made by District staff do not suffice to legally bind the 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. 4600002929, Page 11 of 12 16 C2 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD By: 2- Dorothy . Br Shaw, Procurement Bureau Chief Date: SFWMD Procurement Approved: By: � 0 �SN2..� Date: S 1 2,-�' 1 Recipient's Legal Name: ARD OF COUN Y COMMISSIONERS, LLIER CO Y, FLORIDA By Authorized Official Printed Name: GEORGIA A. HILLER, ESQ. Title: CHAIRWOMAN Date: ATtES1° ", . DW10HT`E 1�t K,- CLERK BY: Attest as to s signature only. Atwroved as to fo and legality Scott R. Teach, Deputy County ttornCy Agreement No. 4600002929, Page 12 of 12 ib c2 EXHIBIT "A" STATEMENT OF WORK Collier County Public Utilities Aquifer Storage and Recovery (ASR) Well Program FY2014 Livingston Road ASR Well #2 INTRODUCTIONBACKGROUND Collier County (County and/or Recipient) has identified a need to increase the utilization of reclaimed water within the service area of the North County Regional Water Reclamation Facilities (NCRWRF). For significant portions of the year, there is insufficient reclaimed water available to meet the demands of the County's reuse customers. During certain periods of the wet season, there is an excess supply of reclaimed water. The County has developed a robust and sustainable irrigation quality (IQ) water system which provides more than 5 billion gallons of reclaimed water to its customers annually. However, even with the extensive reuse program, excess reclaimed water must be disposed of using deep injection wells during the rainy periods when irrigation demand is low. To expand and maximize the effectiveness of its existing reuse program, the County embarked on the Livingston Road IQ Water Aquifer Storage and Recovery (ASR) project. ASR provides the most cost - effective means to store both IQ water and supplemental well water during wet weather conditions for use during the dry season. With adequate seasonal storage reclaimed water can be used much more effectively; reducing water withdrawals from surface or groundwater systems during critical dry season periods and reducing the loss of valuable freshwater resources. Construction of the IQ Water ASR system was completed in 2007. However, due to changes in State and Federal regulations during the construction of the system, the system has never been operationally tested or put into service. After an extensive investigation of alternative ways to utilize the ASR system, the County identified that the best value utilization of the system was to modify the existing system to inject below the underground source of drinking water (USDW) and to operate it initially as a pilot demonstration project. In 2012 and 2013, the pilot demonstration project utilizing one ASR well was designed and reconstructed. With the pilot demonstration project constructed, the County will construct a second ASR well at the Livingston Road site. SCOPE OF WORK This project is to continue the construction of an ASR wellfield on Livingston Road, which in this phase includes the installation and testing of one additional ASR well below the USDW. The scope of work for this phase includes the following: The purpose of this project is to construct a second non -USDW ASR well at the Livingston Road site near the northwest corner of the property. The new ASR well will be sized for injection of up Page 1 of 4, Exhibit "A" to Agreement No. 4600002929 16 C2 �' to 1.5 million gallons per day (MGD) and recovery of up to 1.5 MGD of reclaimed water or supplemental groundwater. The design includes the below ground well, above ground well head piping and appurtenances, the transmission pipeline from the well to the existing system piping, electrical improvements required to power the new well pump and ancillary equipment, and instrumentation improvements to control the new well pump and ancillary equipment. Codes, Regulations and Standards The design will be completed in accordance with the following codes, regulations and standards. Additional construction permits such as a well drilling permit and County building permits will need to be obtained by the selected contractor. • Collier County Utilities Standards Manual • Collier County electrical and instrumentation standards A Florida Department of Environmental Protection (FDEP) permit to Construction/Operate/ Abandon Class I, III or V Injection Well Systems will be required to construct the new well. The subsurface design of the well will advance ahead of the other disciplines and be ready for submittal to FDEP after review and comment by the County at the preliminary (30 %) design stage. • A South Florida Water Management District ( SFWMD) permit modification for permit No. 11- 00052 -W (supplemental IQ wellfield) will be required to allow injection of water from the Livingston Road IQ Water Wellfield into the new ASR well. • A SFWMD permit modification for permit No. 11- 02767 -W will be required to include the new ASR well as an additional facility on the permit. • An environmental resource permit (ERP) will be required from the FDEP and the Army Corps of Engineers (ACOE) for this project if construction cannot be constrained to the previously modified areas on the site. Project and Site Constraints The following constraints have been identified for the project: • The project site includes several areas which were previously categorized as jurisdictional wetlands. Any work that encroaches on these areas will require a FDEP and an ACOE ERP. As stated in the Codes, Regulations and Standards section, the drilling contractors contacted do not believe the work can be limited to the previously modified areas if the new well is to be located in the previously constructed well pad area. Page 2 of 4, Exhibit "A" to Agreement No. 4600002929 16 C2 The project site is located in close proximity to a residential community, Carlton Lakes. Based on the County's good neighbor policy and previous construction projects at the site, the working times for the project will need to be limited to Monday to Friday from 7:00 AM to 7:00 PM. Additionally, the noise restrictions and noise monitoring requirements included in the previous construction project at the site should be included in this construction contract to limit the potential for complaints. System Sizing The new ASR well and ancillary facilities will be sized to accommodate injection flows up to 1.5 MGD and to recover flows up to 1.5 MGD. The well will have a total depth of approximately 1,400 feet BLS with a casing depth of approximately 1,360 feet BLS. The final total well depth and casing depth will be determined during the well construction based on hydrogeologic data obtained during the drilling operation. The well will be constructed of fiberglass reinforced pipe (FRP) with a nominal 16 -inch diameter upper casing to a depth of approximately 240 feet below land surface (BLS) which will transition between 240 feet BLS to 260 feet BLS to a nominal 12- inch diameter lower casing from approximately 260 feet BLS to approximately 1,360 feet BLS. Instrumentation System Instrumentation and controls will be furnished as required to monitor and control the new Well 2. This will include new instruments to measure flow, pressure, level, and water quality (conductivity, pH and chlorine residual). In order to conform to County instrumentation and control planning, new instruments will be provided where possible with 4 -20 mA output and HART digital protocol, for full interface with the control system. A programmable logic controller (PLC) will be used to receive and process instrumentation signals, and to control the pump and valves for recharge and recovery operation. This PLC will include Ethernet communication capability and will report to the wider County SCADA system. It is not yet determined whether a new PLC and associated control panel will be furnished for the new well, and then linked via Ethernet to the existing main PLC; or the existing main PLC will be modified by the addition of input/output (1/0) modules and programming. The former approach is preferable in that it will mean minimal interference with other planned modifications to the controls that are beyond the scope of this project. Electrical equipment such as motor control centers and drives will also be connected to the control system via Ethernet where possible. If a new PLC is furnished, it will be an Allen - Bradley CompactLogix. The existing main PLC is an Allen- Bradley SLC 5105. New and modified programming of PLCs and human- machine interface (HMI) will also be provided for operator control and data collection. Graphic screens will be added and modified as needed to depict the new well, both on the PanelView terminal in the main PLC panel and in the iFIX version 5.1 application in the County SCADA system. It is noted that the construction under this project is expected to occur near the same time as the conversion of the method of communication between Livingston Road and County SCADA, from radio to fiber optic cable. Page 3 of 4, Exhibit "A" to Agreement No. 4600002929 16 C2 The programming modifications will be done in careful coordination with the County to suit the correct SCADA configuration. WORK BREAKDOWN STRUCTURE The work breakdown structure associated with this project is described below. Task 1: Recipient shall submit to the District Project Manager an electronic submittal of the final project bid amount and/or vendor estimates and NTP for tasks to be completed in FYI 4. Due Date: Upon contract execution Task 2: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: December 31, 2013 Task 3: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: March 31, 2014 Task 4: Exhibit "C" - Quarterly Status Report: Recipient shall submit to the District Project Manager a status report summarizing progress made to date, issues of concern potentially affecting project performance, and any other information pertinent to the project. Due Date: June 30, 2014 Task 5.1: Begin construction of ASR Well 2: Recipient shall construct ASR Well 2. Construction will be based on the specifications and data collected from the previous installation of ASR Well 1. This well will be constructed according to Class V Injection Well standards. The construction will begin in October 2013 and will be completed by June 2014. The construction also includes the installation of a shallow monitoring well. The information related to ASR Well 2 will be summarized in a well completion report and submitted to the regulatory agencies as part of the Class V permit. Due Date: June 30, 2014 Task 5.2: Installation of Yard Piping: Upon completion of ASR Exploratory Well 2, Recipient shall install the necessary piping in order to connect the well to the ASR network and allow for cycle testing. Due Date: August 30, 2014 Task 6: Reimbursement Request and Proiect Summary Report: Recipient shall submit to the District Project Manager the final reimbursement request package and Project Summary Report (Exhibit "D ") Due Date: September 30, 2014 Page 4 of 4, Exhibit "A" to Agreement No. 4600002929 16 C2 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Collier County Aquifer Storage and Recovery (ASR) Well Program FY2014 ASR Well #2 • The schedule set forth below is October 1, 2013 to September 30, 2014. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager(s). Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The Recipient shall submit a reimbursement request upon completion of each Task noted below. If applicable, the Recipient shall submit a final reimbursement request package for payment and Exhibit "D" on or before September 30, 2014. All reimbursement request packages shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A ", the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the Recipient's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices (pay applications), and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A ", the SOW. • The District shall only be obligated to pay for documented actual FY2014 construction4 costs within the not -to- exceed amounts specified below. In the event actual construction costs by the Recipient are less than the not -to- exceed amount for a particular Task, the Recipient shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year construction cost has decreased. The Recipient shall provide prior written notice of its decision to exercise this right to the District Project Manager(s). If the Recipient does not exercise this right, the Recipient agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower construction cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual construction cost less than the estimated construction cost may result in a reduced final payment. The Recipient is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $600,000.00. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for Page 1 of 2, Exhibit `B" to Agreement No. 4600002929 11&6 C 2 any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. 1 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before September 30, 2014 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager(s). 3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date. 4 Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and insurance, etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s) to request one. Page 2 of 2, Exhibit `B" to Agreement No. 4600002929 Electronic submittal of final project bid Upon Contract 1 amount and/or vendor estimates for N/A Execution 2 N/A tasks to be completed in FYI 2 Exhibit "C" — Quarterly Status Report' N/A December 31, 2013 N/A 3 Exhibit "C" — Quarterly Status Report 3 N/A March 31, 2014 N/A 4 Exhibit "C" — Quarterly Status Report 3 N/A June 30, 2014 N/A 5.1 Construction of ASR Well 2 Upon Task 5 5.2 Installation of Yard Piping Completion N/A N/A 6 Reimbursement Request Package "D ") September 30, September 30, 2014 $600,000 Project Summary Report (Exhibit 2014 Total District Funding $600,000 Current Fiscal Year(s) Construction Cost $1,500,000 Total Project Construction Cost $1,500,000 1 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above. Reimbursement Request Packages must be submitted on or before September 30, 2014 for reimbursement. 2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall submit this information as soon as it is available to the District Project Manager(s). 3 Exhibit "C" Quarterly Status Reports are due within ten (10) business days of the due date. 4 Ineligible costs include, but not limited to, permits, as- builts, videos, early completion bonus, bonds and insurance, etc. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s) to request one. Page 2 of 2, Exhibit `B" to Agreement No. 4600002929 Exhibit "C" Alternative Water Supply Program FY 2014 Quarterly Status Report 16 C2 a To comply with the AWS Status Report requirements specified in your contract, this form shall be completed and submitted via e-mail to your South Florida Water Management District Project Manager(s). Please attach backup documentation (e.g., pictures, drawings, etc.) that will provide an understanding of project construction to date. Status Report — Quarter /Final Name of Person Completing Form Contract Number ®1 ❑2 ❑3 Date: 4600002929 Proposal Number Entity Name: Collier County Project Title: Livingston Road Aquifer Storage and Recovery (ASR) Well #2 1. Provide a brief description of project status. 2. What is the overall status of your project (check one)? ❑ On Schedule ❑ Behind Schedule? Explain why. Do you expect the project to be completed on time? 3. Actual Project Construction Cost Information Page 1 of 2, Exhibit "C" to Agreement No. 4600002929 Date Amount Bid Document Final Contract (with Vendor) Total Expended to Date Change Order(s) Page 1 of 2, Exhibit "C" to Agreement No. 4600002929 's W r N LL E L 0 ao C Q a/ U 3 CDa+ L Co L I, ZO v O U GJ t 4- O CG a+ t X W C a� v m Q) L U m C O 0 w C 3 O O GJ t GJ CL N m 1L m N O U C O V 4 FA E U C m h 3 f+ m N Y VI H t iF U O e q rl "I C M V-1 +�+ m .= C O ��, E f0 EL C U M M M C fl M N LL F� = O X N M kD OQ E O\1 LU U O r-I O O O 0 O FA H � CL L a+ 0 U LL C M ++ CL U m U i E � Cu tf t t — N CL X d > C V+'f GJ O- O O O +� ++ � D L E o-00 O 0- w a CC n CC CC CL Q o a-aQJ. m C 41 O 4- CC +' -0 E L O m m m CO O C R \ Vf N N 1J � CO aJ E K N N I I u +, E E W v m m u 'I U U cn O C _p �_+ 72 ±_+ f . �_ v'Li C N V C 3 4, E v U O d w m t t t Z w w w ui Iti aOC a Y ul Z �--I N M Ln ko M 16 C2 0 0 0 0 O z aJ bA Q O U :r W N w 0 N by c� Q. �. Exhibit "D" 1-6 C2 • -j Alternative Water Supply FY2014 -1 1 ; Final Project Summary Report Livingston Road Aquifer Storage and Recovery Mr. Tom Chmelik (ASR) Well #2 Entity Project Manager Project Title 4600002929/950000xxxx Collier County SFWMD Contract/Purchase Order Number Entity Project Owner Describe Project constructed: Cost for this Phase (Phase refers to the current FY work) Type of Alternative Water Supply Quantity of Water Made Available (MGD) Upon Completion of This Phase Construction Duration Proposed Actual Start Finish Reclaimed District funding this phase $600,000.00 $ Local funds $ $ Cost for this Phase (Phase refers to the current FY work) Proposed (this FY) Actual (this FY) Total Construction Cost — This Phase $1,500,000 $ Funding Breakdown for this Phase District funding this phase $600,000.00 $ Local funds $ $ Other funding source From: $ $ TOTAL $ Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2013 and June 30, 2014. To the best of my knowledge, the above information is correct. Chief Financial Officer Entity Project Manager Page 1 of 1, Exhibit "D" to Agreement No. 4600002929 16 G2 EXHIBIT "E" FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Appropriation Category Not Applicable Not Applicable State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category State Appropriation Category Not Applicable Not Applicable State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: Federal Program Number Number Federal Agency State Fiscal Year Number CSFA Title Or Funding Source Description Funding Amount State Appropriation Category Not Applicable Total Award For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:/ /12.46.245.173 /cfda/cfda.htmi] and/or the Florida Catalog of State Financial Assistance (CSFA) [ hnp: / /state.fl.us /fsaa/catalog]. The services/purposes for which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract. Page I of 1, Exhibit "E ", Agreement No. 4600002929