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HomeMy WebLinkAboutCity of Tamarac Resolution R-2007-1811 1 1 Temp. Reso. #11310 October 22, 2007 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, ACCEPTING A GRANT IN THE AMOUNT OF $42,000 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 $42,000 WITH AN IN -CASH AND IN -KIND SERVICES MATCH OF $50,100 FOR A TOTAL PROJECT COST OF $92,100, TO PROVIDE FOR WATER SAVING DEVICES FOR RESIDENTS AND BUSINESSES OF TAMARAC; 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 $42,000 to provide for water saving devices to residents and businesses of Tamarac and was awarded the grant as Temp. Reso. #11310 October 22, 2007 Page 2 indicated in the October 3, 2007 correspondence from the South Florida Water Management District attached hereto as Exhibit 1; and WHEREAS, the City is willing to match the $42,000 of grant funding with $50,100 in cash and in -kind services from staff time, rebates, water conservation devices, and advertising costs for a total project cost of $92,100; 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 residents and businesses 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 $42,000 and provide an in -cash and in -kind services match of $50,100 for a total project cost of $92,100. 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 $42,000 from the South Florida Water Management District. Temp. Reso. #11310 October 22, 2007 Page 3 SECTION 3: The appropriate City Officials are HEREBY authorized to execute the Project Grant Agreement (hereto attached as Exhibit 2) between the City of Tamarac and the South Florida Water Management District Water Savings Incentive Program for grant funding in the amount of $42,000 with an in -cash and in -kind services match of $50,100 in staff time, rebates, water conservation devices, and advertising costs for a total project cost of $92,100 to provide for water saving devices to residents and businesses of Tamarac. SECTION 4: The appropriate City Officials are HEREBY authorized to amend the Grants Fund budget for the Water Conservation Device program in the amount of $42,000 and appropriate said funds including any and all subsequent budgetary transfers to be in accordance with proper accounting standards. 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. 1 Temp. Reso. #11310 October 22, 2007 Page 4 SECTION 7: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this l A,* day of ,�/►� , 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. I SAMUEL S. OOREN CITY ATTORNEY BETH i i44 • RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO Ile DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: WM SULTANOF DIST 4: COMM. DRESSLER 1,6,4-1 1 1 1 SOUTH FL ]RWA' ATER MANAGEMENT DJISTRI(CT 1'S r;�' TA August 10, 2007 City of Tamarac Attn: Jeffrey L. Miller, City Manager 7525 NW 88`h Avenue Tamarac, FL 33321 Dear Mr, Miller:. , Subject: Indoor Plumbing Retrofit RFP No. 60000074 Project: FY 2008 Water Savings Incentive Program (WaterSIP) The South Florida Water Management District (District) would like to take this opportunity to express our appreciation for your interest in the FY 2008 Water Savings Incentive Program. The evaluation committee has completed its review of all applications submitted in response to the above referenced solicitation. After careful consideration of your application and written proposal, the District is pleased to inform you that funding for the project referenced above in the amount of $42,000.00 has been approved by our Governing Board. You will be receiving a contract in the mail shortly for this project. The contract will need to be signed by an individual with signature authority on behalf of your organization. We look forward to working with you on this important project. Should there be any questions, or if you require any additional information, kindly contact me at (561) 682-6011 or via email at bthayer,&,sfwmd.gov_. Sincerely yours, BettyrThayer y Sr. Contract Specialist Procurement Department c: Stacey Adams — MSC 4362 330-1 Gun Club Road, West Palm. Beach, Florida 33406 • (561) 686-8800 • FL WA75 1-800-432-2045 Mailing Address: P.O. Box 24680, Nest Palm Beach, FL 33416-4680 ^ w,A-v.sfwmd.gov LORIGINAL., Recipient: City of Tamarac Recipient's Project Manager: Michael Gresek Address: 7525 NW 881h Avenue Tamarac, Florida 33321 Telephone: (954) 597-317 Fax: (954) 597-3520 SFWMD Project Manager: Natalie Schneider Telephone No: (561) 682-2545 Fax No: (561) 681-2027 SFWMD Contract Specialist: Betty Thayer Telephone: (561) 682-6011 Fax: (561) 681-6275 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 ��w/il4/��.� 1G{�l�•...4/4M111l./Gi .i��PFi E�/-/J�.1,/4V11Wk�.Y.1WAl��lruw�+�Wv,VV I Y E E $'' Insurance: Not Applicable Federal Employer Identification Number: 59-1039552 Project Title: Indoor Plumbing Retrofit Description: Replacement of older, higher volume plumbing fixtures. Agreement No. 4600001087, Page 1 of 9 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 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, 2007 and shall terminate on September 30, 2008. 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 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 at least fifty percent (50%) 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, Agreement No. 4600001087, Page 2 of 9 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." 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 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., vendor invoices, in -kind contributions) for the Project Manager to be able to ascertain clearly that each deliverable in the invoice has been completed. 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, 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. Agreement No. 4600001087, Page 3 of 9 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. 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 paragraph 4.2 above, 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. 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. 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 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 Agreement No. 4600001087, Page 4 of 9 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. 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. Agreement No. 4600001087, Page 5 of 9 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 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 will have the right to Agreement No. 4600001087, Page 6 of 9 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 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 11.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any failure or delay in the performance of this Agreement that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the Parties. Failure to perform shall be excused during the continuance of such circumstances, but this Agreement shall otherwise remain in effect. This provision shall not apply if the Statement of Work — Exhibit "A" of this Agreement specifies that performance by the Recipient is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: A. Terms and Conditions outlined in Articles 1-1 I. B. Exhibit "A" Statement of Work. C. All other exhibits, attachments and documents specifically incorporated herein by reference. Agreement No. 4600001.087, Page 7 of 9 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. 4600001087, Page 8 of 9 IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD IN Frank Hayden, Procurement Director Date: SFWMD Procurement Approved: s' By: � � J/CCt � �: �. Date: � yt � SFWMD Office of Counsel Approved: Ln Date: CITY OF TAMARAC, FLORIDA By Authorized Offs /'7 Printed Name: ri l t-L- Title: CGt71- 1 Date: I � I I CA 161 AP D AS FORM; 'CffY ATTORNEY Agreement No. 4600001087, Page 9 of 9 EXHIBIT "A" STATEMENT OF WORK City of Tamarac Indoor Plumbing Retrofit A. Introduction/Background Water conservation is becoming part of the consciousness of water utilities and residents of South Florida. The City of Tamarac has been working hard to create a "Culture of Conservation" with its citizens. In 2002-03, Tamarac participated in a Broward County and SFWMD program that provided for the installation of rain sensor devices on irrigation systems using City water. After sixty-four devices were installed, water usage had an average reduction of 20% at the end of the program, and the program was continued in 2006. Indoor water conservation is also important and is a priority for Tamarac this year. Showers and toilets account for most indoor water consumption. Consequently, Tamarac is seeking grant assistance to help promote the replacement of older, higher volume plumbing fixtures, such as showerheads, faucet aerators, and toilets for residents and businesses. For example, food service businesses are high water consumers. Dishwashing accounts for as much as two-thirds of the water use, thus having the greatest potential for water savings. The pre -rinse removes food from dishware, utensils, and pans prior to placing them in the dishwasher. Low flow and high velocity spray nozzles increases performance and efficiency over older, inefficient models with a corresponding energy savings for heating the water. Therefore, promoting the City's plumbing fixture replacement program is a necessary part of our "Culture of Conservation". It is easy to implement, can save significant quantities of water, and can be cost-effective. Education and retrofit programs will help continue the buy -in necessary to meet the City's indoor water conservation goal of keeping the rate of water use constant, despite the growing population in Tamarac. Using low cost water conservation technology and educational programs to reduce water usage will help to promote conservation, even in non -drought times. Moreover, water conservation programs can serve a purpose besides lowering water use. By encouraging water conservation, water systems may avoid the need for major capital improvements to meet higher demand, thus saving taxpayer dollars. In a report from the Florida Department of Environmental Protection's Water Conservation Initiative, toilet replacement was ranked as a high priority item due to the high amount of water saved and the cost effectiveness associated with the replacements. According to the profile of housing characteristics in the 2000 census, the City of Tamarac has more than 15,000 housing units constructed before the year 2000. Since homes were constructed with both high volume toilets and showerheads during this time, Tamarac began a replacement program in FY2007 and is requesting grant funds to help continue the program. Replacing a pre-1994 toilet with a new, higher -efficiency model can reduce water used for flushing by at least 60%, saving about 14% of total indoor water use. Savings for a typical household could be more than 16,000 gallons per year. Since low flow toilets can save up to 4 gallons per flush, replacing 250 units would save more than 4.1 million gallons per year, based on an average of five flushes per day per person. Page 1 of 4, Exhibit "A" to Agreement 4600001087 Significant water savings may also be achieved by replacing an older 5-gpm showerhead with a 2-gpm showerhead. These low flow showerheads can save up to 50 gallons per average shower. Based on an average of three people per home, replacing 250 units would save more than 13.7 million gallons per year. To further increase water savings, the program will provide each participant with low flow showerheads and aerators. These fixtures also create more efficient bathrooms since using less water means less electricity is needed to heat the water (less cost), and less water is discharged into the wastewater system. Businesses may also benefit from these savings. Pre -rinse valves are used in restaurants, bars, and at most locations that include food services such as hospitals and nursing homes. Pre -rinse spray valves are an integral part of a dishwashing station to knock food particles off dirty dishes before running the dishes through the dishwasher. Most of the valves on these sprayers are designed to spray water from anywhere between 2.5-gpm to 5.0-gpm. Replacing these high flow pre -rinse spray valves with a low flow unit, defined as 1.6-gpm, can save significant amounts of water. For instance, if the pre -rinse spray unit is used for three hours per day, replacing a 2.6-gpm valve with a 1.6-gpm valve will yield a reduction of approximately 66,000 gallons per year, or 38%, in daily water consumption. In FY2007, the City of Tamarac began a program to replace pre -rinse spray valves in restaurants. Participating restaurants are receiving a water audit and aerators along with their spray valve. The City would like to continue the program in FY2008 to include other food service locations. Potential Water Saving Calculations Bathroom Retrofit Water Savings + 17.8 million gallons/year + Replace 250 toilets • Average 5 flushes per day per person @ 3 gallons per flush (average) • Assuming 3 people per home • Average savings • 15 gal/person/day x 3 people = 45 gallon/home/day • 45 gallon/home/day x 365 = 16,425 gallons/home/year • 16,425 gallons/home/year x 250 homes = 4.1 Million gallons/year Replace 250 showerheads • Average 10 minute showers per day per person @ 5 gpm (average) • Assuming 3 people per home • Average savings • 50 gal/person x 3 people = 150 gallon/home/day • 150 gallon/home/day x 365 = 54,750 gallons/home/year • 54,750 gallons/home/day x 250 = 13.7 Million gallons/year Cost of Bathroom Retrofits • $27,000 o $100/toilet x 250 homes = $25,000 o $8/showerhead and aerator x 250 homes = $2,000 Pre -Rinse Spray Valve Program Savings • 730,000 gallons/year Page 2 of 4, Exhibit "A" to Agreement 4600001087 o Replace 100 Spray Valves o Assuming 4 hours of use per day • 200 gallons per day (manufacturer's estimate) • 200 gallons per day x 365 = 73,000 gallons/installation/year • 73,000 gallons/installation/year x 100 installations = 730,000 gallons/year o Does not include water savings from installation of aerators or recommendations from a water use audit Cost of Pre -Rinse Spray Valve Program • $15,000 o $150/installation x 100 installations = $15,000 Total • $42,000 • 17.9 Million gallons/year conserved B. Objectives This program will be directed to residents in the older portions of the City of Tamarac. By using records from the Building Department, we can identify the older homes. The utilities billing system allows mailings directed to these portions of the City. Under the program, the City intends to offer $100 rebates to encourage single-family homeowners to replace older, inefficient toilets. In FY2007, 100 rebates were offered and our goal is to offer 250 in FY2008. Participating homeowners will also receive showerheads and aerators for each bathroom. The City also intends to install pre -rinse valve devices in commercial kitchens including but not limited to restaurants, schools, hospitals, assisted living facilities, and supermarkets. The program will include water audits, recommendations for further water savings, and the installation of aerators. C. Scope of Work Participants: Rebates for bathroom retrofits will be offered to owners of single family homes receiving water from the City of Tamarac. The residences must have toilets that use more than 1.6 gpm. In addition, participants must supply proof of purchase to receive the rebate. There is a limit of two rebates per household, which are not retroactive to the beginning of the program. Participants will also receive water conservation information. Any food service business in the City of Tamarac will be eligible for a pre -rinse spray valve replacement. October 1, 2007 — November 30, 2007 • Send Toilet Rebate Applications in water bills to targeted homeowners • Advertise program in City of Tamarac publication • Contract with Niagara Conservation to begin Pre -Rinse Spray Valve Program • Prepare mailing list for Pre -Rinse Spray Valve Program December 1, 2007 — June 30, 2008 • Continue sending Toilet Rebate Applications to targeted homeowners Page 3 of 4, Exhibit "A" to Agreement 4600001087 • Follow-up at homes that received rebates to assure installation • Prepare quarterly reports for the District July 1, 2008 — July 31, 2008 • Prepare invoice for submittal to South Florida Water Management District 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 the Final Report shall replace the Status Report and subsequent Status Reports shall not be required. Task 1 - 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: December 31, 2007 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, 2008 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, 2008 Task 4 -- Recipient shall prepare 250 $100 rebates on water -saving toilets and $8 rebates on water -saving showerheads and aerators and purchase 100 water -saving pre -rinse spray valves. Due Date: December 31, 2007 Task 5 - Recipient follow-up with homes receiving rebates and installation of pre -rinse spray valves. Recipient shall quantify results post installation and provide actual water savings figures to the project manager. Due Date: August 29, 2008 Task 6 -- Recipient shall submit to the project manager the reimbursement request package, to include but not limited too, signed certification letter that the project is complete per the contract, vendor invoices, man-hours, and any other in -kind contributions. Due Date: August 29, 2008 Task 7 — Final Report: Recipient shall submit to the project manager a Final Project Report summarizing all work performed during the course of the project as well as actual water savings to date versus original estimated water savings. Due Date: September 30, 2008 Page 4 of 4, Exhibit "A" to Agreement 4600001087 EXHIBIT "B" SUMMARY SCHEDULE OF TASKS AND DELIVERABLES City of Tamarac — Indoor Plumbing Retrofit • A summary deliverable schedule associated with this project is set forth below. The schedule is based on a one (1) year agreement from October 1, 2007 to September 30, 2008. • 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, 2007; March 31, 2008; and June 30, 2008. The final report is due no later than September 30, 2008, 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 Form, attached hereto as Exhibit "C. • 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 $42,000.00. All payments are subject to District fiscal year appropriations. The Recipient shall contribute funding in the amount of $50,100.00 or 55 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. N/A December 31, 2007 N/A 1 Status Report 2 Status Report NIA March 31, 2008 N/A 3 Status Report N/A June 30, 2008 N/A Preparation of $100 rebates on water -saving toilets and $8 rebates December 31, 4 on water -saving showerheads and 2007 N/A $21,000 aerators (250 homes). Purchase water -saving spray valves (100). Follow-up with homes receiving 5 rebates and installation of pre -rinse August 29, 2008 N/A $21,000 spray valves. 6 Reimbursement Request Package August 29, 2008 N/A N/A Final Project Report— the final 7 report must include actual water N/A September 30, N/A savings versus original estimated 2008 savings TOTAL DISTRICT PAYMENT $42,000 " The deadline for the final invoice submittal is August 29, 2008, However, this invoice could be submitted before August 29, 2008 Page 1 of 1, Exhibit "B" to Agreement No. 4600001087 Contract 4: 1 Reporting Quarter: 1 2 3 4 Project Title: I Funding Recipient: Progress Summary: Tasks Completed: I Tasks Behind Schedule: Recommended Actions: Submitted by: , Project Manager, E-Mail: '.1 3 at Wb fwArd f^' Rep( ri as ')t aN rid/or Questions: Flees ��t NN to r`Natali, Scl neider; Project 3 , ni hne' fi�nirritl._JOy Page 1 of 1, Exhibit "C" to Agreement No. 4600001087 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 2007 — 2008 WATER SAVINGS INCENTIVE PROGRAM FUNDING PROGRAM EXHIBIT "D" FINAL SUMMARY REPORTING FORM Project Summary Report --- FY 2008 Project Name Project Manager SFWMD Contract Number Project Owner Pd Type of Water Savings Incentive Quantity of Water Saved (MGM Project Duration Project Proposed I Actual Start I Finish To the best of my knowledge, the above information is correct 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 1 of 1, Exhibit "D" to Agreement No. 4600001087