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HomeMy WebLinkAboutCity of Tamarac Resolution R-2010-1351 Temp. Reso. #11937 October 11, 2010 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2010J A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT AWARD IN THE AMOUNT OF $11,428.28 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 $11,428.28 WITH A CASH AND IN -KIND MATCH OF $65,758.22 IN LOCAL FUNDS FOR THE TAMARAC INDOOR PLUMBING RETROFIT PROJECT; 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 (SFWMD), through the Water Savings Incentive Program (SIP), provides grants to local governments to promote water conservation; and WHEREAS, the City of Tamarac was awarded a SFWMD grant for the Tamarac Indoor Plumbing Retrofit Project as indicated in the September 17, 2010 correspondence from SFWMD attached hereto as Exhibit A; and WHEREAS, the SIP grant program requires at least a one-to-one match and the City is willing to match the $11,428.28 in grant funding with $65,758.22 in cash Temp. Reso. #11937 October 11, 2010 Page 2 and in -kind funds through staff time, water conservation devices, and foregone revenues from waived permit fees. WHEREAS, the Director of Utilities and Director of Financial Services recommend acceptance of grant funds and execution of the Program Agreement between SFWMD 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 residents and businesses of the City of Tamarac to accept grant funding for the Tamarac Indoor Plumbing Retrofit Project and to execute the SFWMD Agreement for grant funding in the amount of $11,428.28 and provide a cash and in -kind match of $65,758.22 in local funds. 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. All Exhibits attached hereto are incorporated herein and made a specific part of this Resolution. C Temp. Reso. #11937 October 11, 2010 Page 3 SECTION 2: The City Commission of the City of Tamarac HEREBY accepts the grant award of $11,428.28 from the South Florida Water Management District (SFWMD). SECTION 3: The appropriate City Officials are HEREBY authorized to execute the Water Savings Incentive Program (SIP) grant Agreement between the City of Tamarac and SFWMD for grant funding in the amount of $11,428.28, providing a cash and in -kind match of $65,758.22 in local funds through staff time, water conservation devices, and foregone revenues from waived permit fees, and is hereto attached as Exhibit B which is incorporated herein by this reference. SECTION 4: An appropriation for the receipt and expenditure for this grant will be included in a budget amendment prior to November 30, 2010 pursuant to F.S. 166.241(2). SECTION 5: All Resolutions or parts of Resolutions in conflict herewith are HEREBY repealed to the extent of such conflict. SECTION 6: 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. #11937 October 11, 2010 Page 4 SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of �����' , 2010. BETH TALABIS O MAYOR ATTEST: PETER M. J. ICHARDSON, CRM, CMC CITY CLtR RECORD OF COMMISSION VOTE: MAYOR TALABISCO Z DIST 1: COMM. BUSHN6 DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSE DIST 4: VM. DRESSLER I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. EL S. GOREN e' CITY ATTORNEY I 1 1 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT FY 2010 WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT Recipient: City of Tamarac Recipient's Project Manager: Jeffrey L. Miller City Manager Address: 7525 NW 881h Avenue Tamarac, FL 3 3 321-2401 Telephone: (954) 597-3510 Fax: (954) 597-3520 Email: jeffm@tamarac.org is di 2012. SFWMD Project Manager: Stacey Adams Telephone: (561) 682-2577 Fax: (561) 681-2027 Email: sadams@sfwmd.gov SFWMD Contract Specialist: Rupert Giroux Telephone: (561) 682-2532 Fax: (561) 682-6275 Email: rgiroux(u?sfwmd.gov Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Insurance: Not Applicable Federal Employer Identification Number: 59-1039552 Project Title: Indoor Plumbing Retrofit Project Description: To provide water saving toilet rebates, showerheads, aerators, to community as part of the City's water conservation and Green Initiative. Agreement No. 4600002238, Page 1 of 9 SOUTH FLORIDA WATER MANAGEMENT DISTRICT • - FY 2010 WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING AGREEMENT 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 1 — 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," hereinafter referred to as the "Project", 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. 1.3 Attached to this Agreement are the following exhibits, which are incorporated herein: Exhibit A Statement of Work Exhibit B Summary Schedule of Tasks and Deliverables Exhibit C Quarterly Progress Report Form Exhibit D Final Summary Reporting Form ARTICLE 2 — TERM OF THE AGREEMENT 2.1 This Agreement shall commence on October 1, 2010 and shall terminate on September 30, 2012..The sole reason for the term extending for one year beyond August 31, 2011 is to allow time for the Recipient to complete the Project Performance Tracking Report and submit to the District as required for the final deliverable. All other deliverables must be completed and submitted to the District for acceptance in accordance with the schedule set forth in Exhibit "B." Failure to adhere to the Exhibit "B" schedule will result in the Recipient not being reimbursed as described below in Article 3.1. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agreement. Agreement No. 4600002238, Page 2 of 9 ARTICLE 3 — COMPENSATION / CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District will pay the Recipient the funding amount as specified on the first page of this Agreement. Such amount is a not - to -exceed amount and therefore, no additional consideration will be authorized. The Recipient shall provide fifty percent (50%) or more of the total actual project cost or the percentage set forth in the Schedule of Deliverables, with the exception of designated REDI communities. In the event the project scope is achieved to 100 percent (100%) completion, as outlined in the Statement of Work, and total actual project costs are below the estimated total project cost, the Recipient may be eligible to receive up to the full award amount, as long as the minimum 50 percent (50%) match of the actual total project cost is met by the Recipient. Payment will be made by the District for work authorized and completed between October 1, 2010 and August 31, 2011. The District will not reimburse the Recipient for work that commences prior to the start date of the Agreement or for work completed after August 31, 2011. 3.2 The Recipient assumes sole responsibility for all work that 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 permitting aspects of the Project. District funds will be used only for non -capital costs for the purchase and installation activities described in Exhibit "A." 3.4 Notwithstanding any provisions of this Agreement to the contrary, the District reserves the right, without financial or other penalty or obligation, to (1) cancel this contract and/or (2) reduce the amount of funding to be provided by the District pursuant to this Agreement in the event that the District does not receive all ad valorem funding for the Water Savings Incentive Plan. ARTICLE 4 — FUNDING PAYMENTS AND REPORTING 4.1 The District will 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 certification that all work 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 shall be sent to the following address: South Florida Water Management District ATTN: Accounts Payable 3301 Gun Club Road — MS 6230 West Palm Beach, FL 33406 Agreement No. 4600002238, Page 3 of 9 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 also shall submit a copy of each invoice to the Project Manager along with the backup documentation necessary (e.g., copy of Recipient invoice, signed completion letter, vendor invoices, documented in -kind contributions) for the Project Manager to be able to ascertain clearly that each deliverable in the invoice has been completed. The Recipient shall submit the final reimbursement request package on or before August 31, 2011 for reimbursement. 4.3 The District will 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 will be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes (F.S.), 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 is due from the District will 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 will 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, will 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. In no event, shall the District's total obligation exceed the amount specified in Exhibit "B" for this Cooperative Agreement. 4.5 Within one year after project completion, the Recipient shall provide the project's water savings data in the year since the project was completed. These data shall become part of the public record, and be used to ascertain the efficiency of the funding program. 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 Project Manager for attempted resolution or action. The Project Manager will 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 the preceding paragraph 4.2, shall be in writing and forwarded to the attention of both the Project Manager and the Contract Specialist noted on the first page of this Agreement by certified mail, return receipt requested. Agreement No. 4600002238, Page 4 of 9 5.3 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 and Purchase Order Number. ARTICLE 6 — TERMINATION I 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 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 will 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 will 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 will 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 will determine that such termination is in the best interest of the District. Any such termination will 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 will compensate the Recipient for all authorized and accepted work performed through the termination date. The District will 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. Agreement No. 4600002238, Page 5 of 9 ARTICLE 7 — RECORDS RETENTION 7.1 The Recipient shall maintain records and the District will 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 will 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 will 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 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. 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. 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 Agreement No. 4600002238, Page 6 of 9 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 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 Statutes, nothing, herein shall require Grantee 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 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 will 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. ARTICLE 11 - GENERAL PROVISIONS 1.1.1 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 Tres, 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 that 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 Agreement No. 4600002238, Page 7 of 9 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. 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. 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. 4600002238, Page 8 of 9 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SFWMD Procurement Approved: By: Date: SOUTH FLORIDA WATER MANAGEMENT DISTRICT LIM Jessica J. Flathmann, Procurement Director Date: CITY OF TAMARAC �$y Authorized Official: a/ Printed Name: r� - �? /L%1 K- Title: C i Y "a Date: APP TO RM, MY ATTORNEY Agreement No. 4600002238, Page 9 of 9 EXHIBIT "A" STATEMENT OF WORK Indoor Plumbing Retrofit Project City of Tamarac A. Introduction/Background City of Tamarac (City or Recipient) began an indoor plumbing replacement program in 2007. From 2007 to 2009, the City had 18,336 water service connections. However, the average daily finished water use declined from 5.441 MGD (million gallons per day) to 5.119 MGD. This is an average savings of approximately 322,000 gallons of water saved per day. These savings were realized while the City's demographics were changing from a senior community to one of young families that typically use more water. Since showers and toilets account for most indoor water consumption, replacing the older, higher volume fixtures is easy to do, can save significant quantities of potable water, and be cost-effective. This project is consistent with the City's Comprehensive Plan and meets objective 2 of the Conservation Element which states that the City will maintain and update its administrative procedures, especially those dealing with water supply and use, to ensure that optimum conservation of the ground water resource is achieved in concert with Broward County, SFWMD, and other local governments. The program is also consistent with our Utilities and Community Development Departments' water conservation efforts. As a certified Florida Green Local Government through the Florida Green Building Coalition, Tamarac is creating a "Culture of Conservation" with its citizens as part of its Green Initiative. Education and retrofit programs create resident buy -in and achieve both Tamarac and Florida Department of Environmental Protection water conservation goals. Specifically, we estimate Tamarac will conserve approximately 8.22 million gallons per year (MGY) as a result of this retrofit project. The estimated water savings are based on an average household size of two (2) persons, five (5) flushes per day and 250 toilet retrofits. B. Objectives The objective of this project is to reduce potable water consumption in Tamarac by approximately 8.22 MGY through the use of low cost water conservation technology. C. Scope of Work This project will offer 250 $100 rebates to encourage homeowners to replace older, inefficient toilets. In addition, each homeowner will also receiving showerheads, aerators, and educational information for further conservation participation. Page I of 3, Exhibit "A" to Agreement No. 4600002238 The retrofit project is available for all homeowners in Tamarac. However, since older homes have higher water -consuming fixtures and tend to be located in low-income areas, the City's Water Conservation Specialist will continue meeting with homeowner associations and property managers in this target group. The City expects to meet with more low-income homeowners this year because they are new to the housing market through the receipt of new housing grants. These new residents should benefit most from the rebates, fixtures, and education through this retrofit project. Rebates will be offered for bathroom retrofits to owners of single-family homes which are customers of the City of Tamarac, with an attempt to target older and/or homes in low-income areas. Each retrofit must be an approved EPA WaterSense toilet and replace a toilet that currently uses more than 1.6 gallons per minute (gpm). Participants are eligible for up to two (2) rebates per household. Based on Building Department records, the City will send adverstisments to homeowners in the older portions of the City. The advertisements will be included in water bills, on the City's website and in the bi-monthly City publication that is sent to all homes. A City representative will perform random inspections to assure that new toilets with an approved WaterSense label have been installed. The proposed cost breakdown includes the cost of 250 $100 toilet rebates and the purchase and distribution of 250 showerheads and aerators. D. Work Breakdown Structure The work breakdown structure associated with this project is described below. Note that if the project is complete prior to the due date of a Status Report (Tasks 1-3), then Exhibit "D" shall replace the Status Report and subsequent Status Reports shall not be required. Task 1 - StatusReport: Recipient shall submit to the 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, 2010 Task 2 - Status Report: Recipient shall submit to the 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, 2011 Task 3 - Status Report: Recipient shall submit to the 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, 2011 Task 4: Recipient shall process 250 $100 toilet rebates and purchase and distribute 250 showerheads and aerators. Due Date: August 31, 2011 Page 2 of 3, Exhibit "A" to Agreement No. 4600002238 Task 5 — Reimbursement Package & Project Summaa Sheet Exhibit D : Recipient shall submit to the project manager the reimbursement request package, to include but not limited to, signed certification letter that the project is complete per the contract, vendor invoices, man- hours, and any other in -kind contributions. Due Date: August 31, 2011 Task 5 --- Assessment of Actual versus Estimated Water Savings Report: Recipient shall submit to the project manager a post -project performance report highlighting the project's actual water savings compared to the estimated water savings as presented in the Recipient's project proposal. Due Date: September 30, 2012 Page 3 of 3, Exhibit "A" to Agreement No. 4600002238 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES Indoor Plumbing Retrofit Project City of Tamarac • A summary deliverable schedule associated with this project is set forth below. • The Recipient shall submit all deliverables to the District's project manager. All deliverables submitted hereunder are subject to review by the District. The Recipient hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. ■ The Recipient shall provide quarterly progress reports summarizing a brief description of the current status of the project and the extent of project completion. Progress reports are due by December 31, 2010; March 31, 2011; and June 30, 2011. Reports will provide detail on the progress of the project and outline any potential issues affecting project completion. Progress reports shall be submitted on the Quarterly Progress Report, attached hereto as Exhibit "C". ■ The Recipient shall provide a post -project performance report highlighting the project's actual water savings compared to the estimated water savings as presented in the project proposal. This Project Performance Tracking Report is due no later than September 28, 2012. • Reimbursement Request Packages shall include but not limited to, a copy of Recipient's invoice, signed certification letter that task(s) are complete per the contract, Exhibit "D" Project Summary Report, copies of vendor invoices, documented man-hours, and any other in -kind documentation supporting payment. Timely payment of invoices shall be contingent upon the District's review and acceptance of all invoice(s). Final payment is subject to the final project cost. The Reimbursement Request Package shall be submitted on or before August 31, 2011 for reimbursement, no exceptions. • Total reimbursement payment by the District for all work completed herein shall not exceed the amount of $11,428.28. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of $65,758.22 or approximately 85.2 percent of actual costs. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit "B" to Agreement No. 46000002238 District Task,:! Deliverable(s) T0,6 ce Date' Report Due Date Not -To - No. Exceed Pa ment 1 Exhibit "C" — Quarterly Progress N/A December 31, 2010 N/A Re ort 2 Exhibit "C" — Quarterly Progress N/A March 31, 2011 N/A Report 3 Exhibit "C" R — Quarterly Progress N/A June 30, 2011 N/A e ort Process 250 $100 toilet rebates and 4 purchase and distribute 250 August 31, 2011 August 31, 2011 $11,428.22 showerheads and aerators Reimbursement Request Package 5 & Project Summary Report August 31, 2011 August 31, 2011 N/A (Exhibit "D" Project Performance Tracking 6 Report (Actual Water Savings N/A September 29, 2012 N/A Report) Total Funding $11,428.28 $77,186.50 Total Project Cost 'The deadline for the Reimbursement Request Package submittal is on or before August 31, 2011 for reimbursement, no exceptions. Page 2 of 2, Exhibit " B" to Agreement No. 46000002238 EXHIBIT "C" FY 2011 SOUTH FLORIDA WATER MANAGEMENT DISTRICT WATER SAVINGS INCENTIVE PROGRAM COOPERATIVE FUNDING QUARTERLY PROGRESS REPORT FORM Contract #: 1 Purchase Order #: Project Title: Installations per contract: Reporting Quarter: 1 ❑ 2 ❑ 3 ❑ Funding Recipient: Installations to date: Other requirements per contract: Percent Complete to date: Overall status of project (check one): On Schedule Behind Schedule (Explain why and if the scope will be completed by 8/31/11) I Project summary (to date): I Recommended Actions: I Submitted by: E-mail: ^sa a a Title: Date: Page 1 of 1, Exhibit "C" to Agreement 4600002238 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2010 - 2011 WATER SAVINGS INCENTIVE PROGRAM FUNDING PROGRAM EXHIBIT "D" Project Summary Report -- FY 2011 Project Title Entity Project Manager SFWMD Contract Number / Purchase Order Entity Name (Project Owner) Number t i e Contract Amounts Actual Costs Total Project Cost $ $ District funding $ $ Local funds $ $ Other funding source / in -kind services From: $ $ TOTAL PROJECT COST To the best of my knowledge, the above information is correct Entity Project Manager - All supporting documentation is to be included to support Actual Costs and Actual Water Savings for this project as specified in the deliverables table. Supporting documentation is to include but not limited to, copy of Entity invoice, Entity signed completion letter, copies of vendor invoices, documented man-hours, and any other in -kind services. Page 1 of 2, Exhibit "D" to Agreement No. 4600002238 Please provide a brief project summary below. Please feel free to continue your answer on additional sheets if necessary. Project Overview: Describe original scope of work verses what was actually completed. If applicable, explain why the original scope was not completed. How was this project executed/implemented? Device Installed Number of units Cost per unit Total Cost Estimated or Actual Water Savings: Provide how current estimated water savings for this project were calculated if actual water savings are not available. To the best of my knowledge, the above information is correct Entity Project Manager All supporting documentation is to be included to support Actual Costs and Actual Water Savings for this Project as specified in the deliverables table. Page 2 of 2, Exhibit " D" to Agreement No. 4600002238