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HomeMy WebLinkAboutCity of Tamarac Resolution R-2005-2001 1 1 Temp. Reso. #10821 October 11, 2005 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2005- ao A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $30,000 FROM THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A PROJECT AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND THE CITY OF TAMARAC FOR GRANT FUNDING IN THE AMOUNT OF $30,000 WITH AN IN -KIND AND IN CASH MATCH OF $35,700 FOR A TOTAL PROJECT COST OF $65,700, TO PROVIDE FOR WATER SAVING DEVICES FOR THE RESIDENTS OF TAMARAC AND AT CITY FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Tamarac desires to provide its residents and visitors a higher level of service by enhancing and improving its environment; and WHEREAS, the South Florida Water Management District, through the Water Savings Incentive Program, provides grants to local governments to promote water conservation; and WHEREAS, the City of Tamarac applied to the South Florida Water Management District for a grant in the amount of $30,000 to provide for water saving devices to residents and at City facilities and was awarded the grant as indicated in Temp. Reso. #10821 October 11, 2005 Page 2 the September 14, 2005 correspondence from the South Florida Water Management I District attached hereto as Exhibit A; and WHEREAS, the City is willing to match the $30,000 of grant funding with an in - kind and in cash match of $35,700 in staff time, building permit fee waivers, and advertising/printing costs for a total project cost of $65,700; and WHEREAS, the Assistant City Manager and Director of Utilities recommend acceptance of grant funds and execution of the Project Agreement between the South Florida Water Management District and the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept grant funding for the provision of water saving devices and to execute the South Florida Water Management District Project Agreement for grant funding in the amount of $30,000 and provide an in -kind and in cash match of $35,700 for a total project cost of $65,700. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are HEREBY made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant award of $30,000 from the South Florida Water Management District. I Temp. Reso. #10821 October 11, 2005 Page 3 SECTION 3: The appropriate City Officials are HEREBY authorized to execute the Project Grant Agreement following legal review (hereto attached as Exhibit B) between the City of Tamarac and the South Florida Water Management District Water Savings Incentive Program for grant funding in the amount of $30,000 with an in -kind and in cash match of $35,700 in staff time, building permit fee waivers, and advertising/printing costs for a total project cost of $65,700 to provide for water saving devices to residents and at City facilities. SECTION 4: All resolutions or parts of resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Temp. Reso. #10821 October 11, 2005 Page 4 SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this I day of 2005. JOE SCHREIBER MAYOR ATTEST: MARION SWENSON, CIVIC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN INTERIM CITY ATTORNEY RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS I I I Exhibit A SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 - (561) 686-8800 , FL WATS 1-800-432-2045 - TDD (561) 697-2574 Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 - www.sfwmd -gov September 14, 2005 Mr. Jeffrey L. Miller City Manager 7525 N.W. 88th Avenue Tamarac, FL 33321 Dear Mr. Miller: Subject: Contract # DG060333 PLUMBING AND IRRIGATION RETROFIT Fri ni 7r� Please find enclosed two (2) copies of the subject document. Please have them signed by an individual with signature authority on behalf of your organization. . Please include documentation to demonstrate official delegation of signature authority up to the contract monetary limits. Please return both copies to my attention, along with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required coverage(s). Do not date the documents, a fully signed document will be returned to you upon execution by the South Florida Water Management District (District). 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. Your cooperation and timely response will be greatly appreciated. Should there be any questions, or if you require any additional information, please contact me. Sincerely, Bernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd.gov (561) 682-6378 FAX: (561) 681-6275 BH /sm Enclosure c: Bruce Adams, MSC 4360 #-.a ra AM GoVERNiNG BOARD 1-'X�(-LITIVr OFFIC-l' Kevin McCarty, Cliair Alice J. Carlson Lennart E. Undahl, P.E. Carol Ann Wehle, Irela M. BaguC-, Vice -Chair Michael Collins Harkley R. Thomton Painela Brooks-Thornas Nicolkis J. Cuti&rez, Jr., Esq, Malcolin S, Wade, Jr, Exhibit B 2005-2006 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: Agreement Number: DG060333- City of Tamarac Governing Board Approval Date: August 10, 2005 Recipient's Project Manager: Jeffrey L. Miller, City Manager District Funding Amount: $30,QQ-0.00 Address: 7525 NW, 88th Avenue Tamarac, FL 33321 Telephone No: (954) 724-1230 Fax No: (954) 724-2454 SFWMD Project Manager: Bruce Adams Address: 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No: (561) 682-6785 Fax No: (561) 681-6264 Insurance: Not Applicable Federal Employer Identification Number: 59-1039552 Project Title: Plumbing and Irrigation Retrofit Description: Provide and install rain sensor devices, showerheads, waterless urinals and other indoor water savings devices. Agreement No. DG060333, Page I of 8 Tbis Agreement is entered into between "the Parties," the South Florida Water Management District (SFWMD), the "District", and the undersigned Applicant, 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 terrns 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 install and perforrn all work items described in the "Statement of Work," attached hereto as Exhibit "A," and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form 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. ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement and shall continue for a period of 12 months. 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 providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is a not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. 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 stifficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees not to use District funding I for any work associated with the design and pen-nitting aspects of the Project. District funds shall only be used for non -capital costs for the purchase and installation activities described in Exhibit "A". Agreement No. DC3060333, Page 2 of 8 ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "A". The Recipient shall provide certification that all installation has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the Districtts Agreement Number and shall be sent to the Contract Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District. 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. 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. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (I%) per month on the unpaid balance. The Recipient shall invoice the District for payment -of any accrued unpaid interest. Any disputes regarding invoice payments, which cannot be resolved by the appropriate department of the District, shall be concluded by final written decision of the District Leadership Team no later than sixty (60) days after the date on which the District received the proper invoice. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the project, and the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Deliverables in the Statement of Work, Exhibit "A," attached to this Agreement. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Par -ties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Manager for attempted resolution or action, The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. Agreement No. DG060333, Pa2e I nP,9 All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Flolida Water Management District Attn: Bruce Adarns, Project Manager 3301 GUn ClubRoad West Palm Beach, Fl 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should eith change its address, written notice of such new address shall promptly be sent to the other Party. I . er Party 5.4 All correspondence to the District under this Agreement shall reference the District's Agreement Nun-lber. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 40E-7, Part 11 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 perfon-ning an act inconsistent with the ternis and conditions of the Agreement. If the Recipient materially falls 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 falls to care 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 fliture work with the District, and if so, for what period of time. The District's Goveming Board will consider the factors detailed in Rule 40E-7, Part 11 of the Florida Administrative Code in making a determination as to whether a Recipient should be suspended, and if so, for what peniod 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. 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 tennination is in the best interest of the District, Any such ten-nination 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 ten-nination 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 tile Recipient for such work until such time as the District determines the exact amount due to the Recipient. Agreement No. DG060333, Pagc 4 of 8 6.3 In the event a dispute arises, which the Contract 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 bome equally by the Parties. The mediation process shall be confidential to the extent permitted by law. 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 perfortnance and receiving final payment under this Agreement. B. Examination of Records. The District or its 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 Availabilily of Records for Legal Disputes. In the event the District should become involved in a legal dispute with a third party anising from perforinance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and, all such records shall be made readily available to the District. D. Periodic Audits. The District shall perfon-n audits periodically to ensure funding objectives are being met, 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 govem 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. 83 The Recipient shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, 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, 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. kvreernent No T)GT060331 0,�,Yp 5 o�',R 8.5 The Recipient shall obtain, 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 tenninate this Agreement, each party to bear its own costs, notwithstanding other provisions of this Agreement to the contrary. 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 effect these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contracts List. ARTICLE 9 — INDEMNIFICATION AND INSURANCE M For value received, which is hereby acknowledged, the Recipient shall 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 perfon-nance 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, 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 party. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the parties and their respective emp i loyees, 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 void. 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. Agreement No. DG060333, Page 6 of 9 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 I A 1. (b) Exhibit "A" Statement of Work. (c) 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 tenris 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 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 insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. DG0603 3 3, Page 7 of 8 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 BOA-RD By: Frank Hayden, Procurement Director Date: SFWMD Office of Counsel Approved By: Date: SFWMD Procurement Approved Y-� Date: I Approved as to form: Recipient's Legal Name: CITY ATTORNEY By Authoiized Official: Title: Date: Agreement No. DG060333, Page 8 of 8 EXHIBIT ((A)9 STATEMENT OF WORK 1 .0 Introduction Water conservation must become part of the consciousness of every resident in South Florida. According to the Bureau of Economic and Business Research, the 2000 census reported the City of Tamarac with a population of 55,588. As the updated 2005 figure is 58,650, the City's population increased 5.2% over the past five years. The City's population is growing and our water sources are limited, forcing the promotion of wiser water use. Landscape irrigation accounts for as much as 50% of water use. By installing rain shut-off devices, water savings in this area are immediately visible. For many residents, water conservation devices for indoor water use would be most effective. In 2002-03, the City of Tamarac participated in a Broward County and District prograin to provide and install rain sensor devices on irrigation systems using City water. Sixty-four (64) devices were installed. A comparison of water usage before the program to usage after showed an average reduction of 20%, It is our.desire to continue this program and extend it to irrigation systems that use canal and lake water. During the 2001 drought, the City of Tamarac urged residents to conserve water by using devices such as toilet dams, faucet restrictors, leak tests, and low flow shower heads. Businesses were urged to use these same items and to investigate waterless urinals. Additional funding from the Water Savings Incentive Program will provide these items to senior citizens in the community and install waterless urinals in all City facilities. 2.0 Justification Combined with educational programs, the use of low cost water conservation technology will help promote conservation and reduce water usage, even during times without drought. In addition to lowering water usage, thus conserving an important resource, water conservation programs can serve a fiscal purpose. By encouraging water conservation, water systems may avoid costs associated with major capital improvements necessary to meet higher demand, thus saving taxpayer dollars. The manufacturer of the waterless urinals estimates that each one saves approximately 40,000 gallons of water per year over our standard urinals. The installation of 50 urinals in fire stations, parks, and other City facilities could save two million gallons of water each year. Toilet darns reduce each flush by I gallon. Low flow shower heads also reduce water used in the home. Though it is difficult to quantify the water savings, distributing two thousand (2,000) toilet dams and one hundred (100) shower heads can save a significant amount of water. Exhibit "A" to Agreement No. DG060333, Page I of 4 Installation of the rain sensors will help to stop unnecessary irrigation. The Broward County/SFWMD program focused on irrigation systems using city water. By extending the prograrn to systems using canal and lake water, more homes can participate and increase the water savings. 3.0 Scope A rain shut-off device signals the imigation systein when rain has provided sufficient moisture, avoiding unnecessary Irrigation. Since 1991, these devices have been required on installation of new irrigation systems. 'rhe prograin will be a continuation of the Rain Sensor Shut-off DevIce Retrofit Program which was a partnership between the SFW.MD, Broward County, and the City of Tamarac. Additionally, the program will provide retrofits of water saving devices such as toilet dams and low flow shower heads to senior citizens in our community, which make up nearly 40% of our population. All participants will receive conservation information as part of the program. This grant also will be used to install waterless urinals in all City of Tamarac facilities including City Hall, fire stations, parks, and the Cornmunity Center. Along with the availability of water saving devices, the proposed program will focus attention on the constant need to conserve water, even if there is not a drought. 4.0 Work Breakdown Structure Pa '�ii� rd ants: Residents, businesses and homeowner associations in the City of Tamarac will be eligible for this program. Rain sensors will be offered first to homeowner associations since they use more water for irrigation than the others. Residents and businesses will be the secondary target for these devices. Senior citizens will be the target uses for indoor water conservation devices. Finally, the City of Tamarac will replace all urinals in City facilities with waterless ones. Use of Funds: The City of Tamarac will purchase 100 rain sensor devices @ $15/each = $1,500 Installation of devices @ $75/each = $7,500* 2,000 toilet dams @ $0.50/eacli � $1,000 50 waterless urinals with installation $350 each � $17,500 100 Shower heads Ca) $7/each = $700 Leak dyes and other giveaways = $1,800 Total —$30,000 *The City of Tamarac will waive building fees for the installation of the devices in this program. (In -kind services estimated at $7,SOO) Administration of Program: This program will be administered by the Water Treatment Division of the Utilities Department. The proposed Fiscal Year 2006 budget includes t1he Exhibit "A" to Agreement No. DG060333, Page 2 of 4 position of Water Conservation Specialist. The responsibilities of this position include conservation education and will directly manage this program, install the toilet dams and shower heads, and coordinate the rain sensor program. Salary expenses will serve as a large portion of the City's match. This position is the City of Tamarac's commitment of at least 50% of the total project cost. It is estimated that 60% of the time for this position would be used for this retrofit program. At an annual cost of $47,000, $28,200 will be spent in support of the activities in this grant. If the position is not filled, the activities in this grant will be conducted by reassignment of current staff. Piior to the receipt of funding: Vendors will be found for rain sensors, low volume shower heads, and other retrofit devices. • The,City of Tamarac will begin an advertising campaign to find participants. • All City procedures for the start of the project will be completed prior to the receipt of District's funding, Upon receipt of the funding: 10 A water resource presentation will be developed and scheduled. The first homeowner's presentation will be made to the President's Council, a group with representatives of all homeowner associations in the City. Homeowner associations are large consumers of water for irrigation. From there, presentations will be scheduled at various associations throughout the City with an emphasis on the associations of seniors -only communities. Most of the senior communities schedule activities for their residents and welcome visits from City representatives. The City's Public Information Office will market the program to the target audience. Articles will be published in the city-wide newsletter offering the program. It will be advertised on the City's website and the local newspaper. All advertising will stress the District's support and funding of the program. Information packets on Florida water resources will be developed using, whenever possible, District literature. Although senior citizens are the focal point of this water conservation device retrofit project, the retrofit devices will also be offered to Chamber of Commerce members for use at their businesses if devices are still available Target Audiences: In the 2000 census, 37.7% of the population of Tamarac was over age 65. The current population is approximately 58,000. The current median age is 52. There are more than 90 homeowner associations and 1,500 businesses in the City. These are the target audiences. 5.0 Location of the Promect The program is intended for residents and businesses of the City of Tamarac in Broward County. Exhibit "A" to Agreement No. DG060333, Page 3 of 4 6.0 Schedule of Defiverables October 1, 2005 - - November 30, 2005 • Develop water conservation packets for distribution to program participants • Address the homeowner association to announce the program • With the Purchasing Department, find vendors for installation of the rain sensors • Pass Resolution of the City Commission to waive pern-ut fees for the installation of the rain sensors Purchase rain sensors and other water conservation devices December 1, 2005 - January 31, 2006 a Begin selecting locations for the rain sensor and other conservation devices February 1, 2006 — June 30, 2006 • Install devices • Conduct water conservation seminars throughout the City of Tamarac July 31, 2006 — September 30, 2006 a Review the results of the program 0 Determine what changes are necessary to continue the program Exhibit "A" to Agreement No. DG060333, Page 4 of 4 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work in writing. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $30,000.00. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of $35,700.00. 1 Procure Hardware & Plumbing Services 38 weeks $30,000.00 Providers and Install Devices -MMONIM 2 Develop & Implement Marketing Tools; 52 weeks $35,700.00 $35,700.00 Develop Participant Lists; and Program Management 3 Final Report 52 weeks $30,000.00 Total 700.00 1 $35,700.00 1 $30,000.00 Exhibit "B" to Agreement No. DG060333, Page I of I ItR FLORIDA WATER MANAGEMENT DISTRICT 1� �'� �; , '' ' 1 a -L, Florida 33406 - (561) 686-8800 - Fl, WNIS -800-432-2045 - TDD (561) 697-2574 3301 Gun Club Road, West P, lin Beacl Mailing Address: P.0, Box 24680, West Palm Boach, FL 33416-4680 - www.sfwmd.gov UU- "�--vember 29, 2005 Mr. Jeffrey L. Miller C-I City of Tamarac 7525 NW 88th Avenue rTI Tamarac, FL 33321 r9 Dear Mr, Miller: Subject: Contract # DG060333 City of Tamarac - SIP FY06 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, /iBernadette Harrison Contract Specialist Procurement Department bharriso@sfwmd-gov (561) 682-6378 FAX: (561) 681-6275 BH/vej Enclosure c Q)VLRNTNc BOARD Bruce Adams, MSC 6880 Procurement/Original File ExrCUTIVE OFIRT Kevin McCarty, Cliair Alice J. Carlson Lennart F. Lindahl, P.L. Carol Ann Welil(,, Fxecidive Dnectw Trela M. Bagu6, Vice-Owir Michael Collins Harkley R. Thornton Pamela Brooks -Thomas Nicolas J. Guti�rrcz, Jr., Esq. Malcolm S. Wade, Jr- ORIGINAL 2005-2006 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: Agreement Number: DG060333 City of Tamarac Governing Board Approval Date: August 10, 2005 Recipient's Project Manager: Jeffrey L. Miller, City Manager District Funding Amount: $30,00 Address: 7525 NW. 88'b Avenue Tamarac, FL 33321 Telephone No: (954) 724-1230 Fax No: (954) 724-2454 SFWMD Project Manager: Bruce Adams Address: 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No: (561) 682-6785 Fax No: (561) 681-6264 Insurance: Not Applicable Federal Employer Identification Number: 59-1039552 Project Title: Plumbing and Irrigation Retrofit Description: Provide and install rain sensor devices, showerheads, waterless urinals and other indoor water savings devices. Agreement No. DG060333, Page I of 8 0 1 If This Agreement is entered into between "the Parties," the South Florida Water Management District (SFWMD), the "District", and the undersigned Applicant, 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 I — PROJECT 1. 1 The Recipient shall, to the satisfaction of the District, fully and timely install and perform all work items described in the "Statement of Work," attached hereto as Exhibit "A," and made a part of this Agreement. 1.2 As part of the services to be provided by the Recipient under this Agreement, the Recipient shall substantiate, in whatever form 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. ARTICLE 2 — TERM OF THE AGREEMENT 2.1 The period of performance of this Agreement shall commence on the last date of execution of this Agreement and shall continue for a period of 12 months. 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 providing the goods and services required by this Agreement, the District shall pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is a not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least fifty (50) percent of the total project cost, with the exception of designated REDI communities. 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 design and pennitting aspects of the Project. District funds shall only be used for non -capital costs for the purchase and installation activities described in Exhibit "A". Agreement No. DG060333, Page 2 of 8 CA ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Recipient upon completion and acceptance of the final deliverable as described in Exhibit "A". The Recipient shall provide certification that all installation has been completed in accordance with Exhibit "A" of this Agreement. 4.2 The Recipient's invoice shall reference the District's Agreement Number and shall be sent to the Contract Manager at the address stated on the first page of this Agreement. The Recipient shall not submit an invoice to any other address at the District, 4.3 The District shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. It is the policy of the District that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all District requirements as set forth in the Agreement for invoice submission. The time at which payment shall be due from the District shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. 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. All payments due from the District for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance. The Recipient shall invoice the District for payment of any accrued unpaid interest. Any disputes regarding invoice payments, which cannot be resolved by the appropriate department of the District, shall be concluded by final written decision of the District Leadership Team no later than sixty (60) days after the date on which the District received the proper invoice. 4.4 Upon award of the Agreement, the Recipient shall provide to the District a detailed schedule of the Project. The Recipient shall provide to the District quarterly progress reports summarizing a brief description of the current status of the project, and the extent of Project completion. Upon request by the District, the Recipient shall provide as supporting documentation, all work products associated with the completion of the tasks designated in the Work Breakdown Structure and Schedule of Deliverables in the Statement of Work, Exhibit "A," attached to this Agreement. ARTICLE 5 — CONTRACT MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Manager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands, or other communications to the Recipient under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. Agreement No. DG060333, Page 3 of 8 A , All notices to the District under this Agreement shall be in writing and sent by certified mail to: South Florida Water Management District Attn: Bruce Adams, Project Manager 3301 Gun Club Road West Palm Beach, Fl 33406 5.3 All notices required by this Agreement shall be considered delivered upon receipt. Should either Party 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. ARTICLE 6 — TERMINATION / REMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perform in accordance with the terms and conditions of the Agreement. In accordance with District Rule 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 Rule 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. 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 perforinance 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 ten-nination 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. Agreement No. DG060333, Page 4 of 8 6.3 In the event a dispute arises, which the Contract 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. 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 its 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 party arising from performance under this Agreement, the Recipient shall extend the period of maintenance for all records relating to the Agreement until the final disposition of the legal dispute, and 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. 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 T i he 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. 8.3 The Recipient shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, 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, 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. Agreement No. DG060333, Page 5 of 8 8.5 The Recipient shall obtain, 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. 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 effect these assurances. 8.7 The Recipient hereby assures that it is not on the State's Convicted Vendor List, or the District's Suspension of Contracts List. ARTICLE 9 — INDEMNIFICATION AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall 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. The Recipient ftirther 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 party. 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 void, 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. Agreement No. DG060333, Page 6 of 8 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 I -11. (b) Exhibit "A" Statement of Work. (c) 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 foram 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. 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 insure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. Agreement No. DG060333, Page 7 of 8 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH F'LORIDA WATER MANAGEMENT DISTRICT, BY ITS GOVERNING BOARD rlAil Frank Hayden, Date: �2 SFWMD Office of Counsel Approved By: _ /11 late: SFWMD Procurement Approved Date: Approved as to form: )MOIL—J101-112A CITY'ATTORNIII' Recipient's Legal Name: Director CITY OF TAMARAC Jeffrey L. Miller By Authorized Official: Signature: Title: Cletycmanager Date: Agreement No. DG060333, Page 8 of 8 EXHIBIT "A" STATEMENT OF WORK 1.0 Introduction Water conservation must become part of the consciousness of every resident in South Florida. According to the Bureau of Economic and Business Research, the 2000 census reported the City of Tamarac with a population of 55,588. As the updated 2005 figure is 58,650, the City's population increased 5.2% over the past five years. The City's population is growing and our water sources are limited, forcing the promotion of wiser water use. Landscape irrigation accounts for as much as 50% of water use. By installing rain shut-off devices, water savings in this area are immediately visible. For many residents, water conservation devices for indoor water use would be most effective. In 2002-03, the City of Tamarac participated in a Broward County and District program to provide and install rain sensor devices on irrigation systems using City water. Sixty-four (64) devices were installed. A comparison of water usage before the program to usage after showed an average reduction of 20%. It is our desire to continue this program and extend it to irrigation systems that use canal and lake water. During the 2001 drought, the City of Tamarac urged residents to conserve water by using devices such as toilet dams, faucet restrictors, leak tests, and low flow shower heads. Businesses were urged to use these same items and to investigate waterless urinals. Additional funding from the Water Savings Incentive Program will provide these items to senior citizens in the community and install waterless urinals in all City facilities. 2.0 Justification Combined with educational programs, the use of low cost water conservation technology will help promote conservation and reduce water usage, even during times without drought. in addition to lowering water usage, thus conserving an important resource, water conservation programs can serve a fiscal purpose. By encouraging water conservation, water systems may avoid costs associated with major capital improvements necessary to meet higher demand, thus saving taxpayer dollars. The manufacturer of the waterless urinals estimates that each one saves approximately 40,000 gallons of water per year over our standard urinals. The installation of 50 urinals in fire stations, parks, and other City facilities could save two million gallons of water each year. Toilet dams reduce each flush by 1 gallon. Low flow shower heads also reduce water used in the home. Though it is difficult to quantify the water savings, distributing two thousand (2,000) toilet dams and one hundred (100) shower heads can save a significant amount of water. Exhibit "Xto Agreement No. DG060333, Page 1 of 4 Installation of the rain sensors will help to stop unnecessary irrigation. The Broward County/SFWMD program focused on irrigation systems using city water. By extending the program to systems using canal and lake water, more homes can participate and increase the water savings. 3.0 Scope A rain shut-off device signals the irrigation system when rain has provided sufficient moisture, avoiding unnecessary irrigation. Since 1991, these devices have been required on installation of new irrigation systems. The program will be a continuation of the Rain Sensor Shut-off Device Retrofit Program which was a partnership between the SFWMD, Broward County, and the City of Tamarac. Additionally, the program will provide retrofits of water saving devices such as toilet dams and low flow shower heads to senior citizens in our community, which make up nearly 40% of our population. All participants will receive conservation information as part of the program. This grant also will be used to install waterless urinals in all City of Tamarac facilities including City Hall, fire stations, parks, and the Community Center. Along with the availability of water saving devices, the proposed program will focus attention on the constant need to conserve water, even if there is not a drought. 4.0 Work Breakdown Structure Participants: Residents, businesses and homeowner associations in the City of Tamarac will be eligible for this program. Rain sensors will be offered first to homeowner associations since they use more water for irrigation than the others. Residents and businesses will be the secondary target for these devices. Senior citizens will be the target uses for indoor water conservation devices. Finally, the City of Tamarac will replace all urinals in City facilities with waterless ones. Use of Funds: The City of Tamarac will purchase 100 rain sensor devices @ $15/each = $1,500 Installation of devices @ $75/each = $7,500* 2,000 toilet dams @ $0.50/each = $ 1,000 50 waterless urinals with installation @ $350 each = $17,500 100 Shower heads @ $7/each = $700 Leak dyes and other giveaways = $1,800 Total = $30,000 *The City of Tamarac will waive building fees for the installation of the devices in this program. (In -kind services estimated at $7,500) Administration of Progam: This prograin will be administered by the Water Treatment Division of the Utilities Department. The proposed Fiscal Year 2006 budget includes the Exhibit "A!'to Agreement No. DG060333, Page 2 of 4 position o - f Water Conservation Specialist. The responsibilities of this position include conservation education and will directly manage this program, install the toilet dams and shower heads, and coordinate the rain sensor program. Salary expenses will serve as a large portion of the City's match. This position is the City of Tamarac's commitment of at least 50% of the total project cost. It is estimated that 60% of the time for this position would be used for this retrofit program. At an annual cost of $47,000, $28,200 will be spent in support of the activities in this grant. If the position is not filled, the activities in this grant will be conducted by reassignment of current staff. Prior to the receipt of funding: • Vendors will be found for rain sensors, low volume shower heads, and other retrofit devices. • The City of Tamarac will begin an advertising campaign to find participants. • All City procedures for the start of the project will be completed prior to the receipt of District's funding. Upon receipt of the funding: A water resource presentation will be developed and scheduled. The first homeowner's presentation will be made to the President's Council, a group with representatives of all homeowner associations In the City. Homeowner associations are large consumers of water for irrigation. From there, presentations will be scheduled at various associations throughout the City with an emphasis on the associations of seniors -only communities. Most of the senior communities schedule activities for their residents and welcome visits from City representatives. The City's Public Information Office will market the program to the target audience. Articles will be published in the city-wide newsletter offering the program. It will be advertised on the City's website and the local newspaper. All advertising will stress the District's support and funding of the program. Information packets on Florida water resources will be developed using, whenever possible, District literature. Although senior citizens are the focal point of this water conservation device retrof t project, the retrofit devices will also be offered to Chamber of Commerce members for use at their businesses if devices are still available TarRet Audiences: In the 2000 census, 37.7% of the population of Tamarac was over age 65. The c��ent population is approximately 58,000. The current median age is 52. There are more than 90 homeowner associations and 1,500 businesses in the City. These are the target audiences. 5.0 Location of the Project The program is intended for residents and businesses of the City of Tamarac in Broward County. Exhibit "Xto Agreement No. DG060333, Page 3 of 4 6.0 Schedule of Defiverables October 1, 2005 — November 30, 2005 Develop water conservation packets for distribution to program participants Address the homeowner association to announce the program With the Purchasing Department, find vendors for installation of the rain sensors Pass Resolution of the City Commission to waive permit fees for the installation of the rain sensors Purchase rain sensors and other water conservation devices December 1, 2005 — January 31, 2006 0 Begin selecting locations for the rain sensor and other conservation devices February 1, 2006 — June 30, 2006 Install devices Conduct water conservation seminars throughout the City of Tamarac July 31, 2006 — September 30, 2006 Review the results of the program Determine what changes are necessary to continue the program Exhibit "N' to Agreement No. DG060333, Page 4 of 4 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one year agreement. All deliverables submitted hereunder are subject to review by the District. Due dates for all deliverables are based on the number of weeks from the date of agreement execution. The Recipient hereby agrees to provide the District all deliverables, data and infort-nation described in the Statement of Work in writing. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. Total payment by the District for all work completed herein shall not exceed the amount of $30,000.00. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of $35,700.00. Exhibit "B" to Agreement No. DG060333, Page I of I