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