Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
South Florida Water Management
~~~ SOUTH FLORIDA SVATER MANAGEMENT DISTRICT ~ . 2007 - 2008 ALTERNATIVE ~'YATER SUPPL4~ FUNDING PROGRAM ~.. Recipient: City of Miami Beach A ~ree~nent Number:. -160(){)(}I?(tl j G o~~ernin~ Board .~,pt~ro~al Da#~:: ~;eptenzbcr 13, 2t~07 Recipient's Project illana~er: ~'~ `1'im I-temstrcet ~ D istrict Funding Arnoua~t: ~3~t7,600.00 ~ Address: 1700 Cron~~ention C`tr. Dr. !C ~ "~ , on€ractTertn: October 1, ~,tit37- September 30, 2008 ~ ~ Miami Beach, FL 33139 Tetephone No: (305) 673-7010 ~ Fos No: (305} 673-7782 ~ A t ~ .- ~ ~ _ _ SFVV14iB Project 1Vlanager: Natalie Schneider Telephone No.: (561) 682-255 I ~ ~-mail Address: nschneidsa sfwmd.gov Fax No. (56I) 682-522 ` Contrart Specialist: Betty Thayer Telephone No.: (561) 682-6011 Fay No.: (561} 682-5117 i Address: 3301 Gun Club koad Vv'est Palm Beach, FL 33406 ____ µ Insurance: Not Applicable i - _ 3 _ _ _ _ Federal Employer Identification Number: 59-6000372 Project Ti#lc: FY2008 AWS -Project # Ll/C-49 ------ i ~ i ~ (Description: Cite of It~9iarni Beach Normandy Shores C'rolf Course 0.713 MGD Irrigation System ___ Agreernen[ No. 4600001.201., Page ] of l I This Agreement is entered rota between "the Parties," the South Florida Water Ivlanagement District, the "District", and the undersigned party, hereinafter referred to as the "Recipient." `l'he Recipient warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the tzrms and conditions of this Agreement, and shall abide by all legal, financial and reporting re.c,uirements, such as matching funds and final reports far all funding received by the Reeipiet~t from the District. ARTICLE 1 -PROJECT 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work," attached hereto as :Exhibit "1~.", hereinafter referred to as the "Project", and made a part of this A ;regiment. 1.2 As part of the deliverables to be provided by fhe Recipient under this Agreement, the Recipient shall substantiate, in whatever form reasonably requested by the District, any supporting documentation utilized as a basis far payment by the District. This paragraph shall survive the expiration or termination of this Agreement. 1.3 At#ached to this Agreement are the following exhibits which are incorporated herein: Exhibit A Statement of Work Exhibit B Payment and Deliverable Schedule lxhibit C Reporting Form Exhibit D Federal/State Funding Resources ARTICLE 2 - TER~'LI OF THIu AGREEIirIElVT 2.1 The period of performance of this Agreement shall be the dates noted on the first page of this Agreement. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this Agrecn~cnt. ARTICLE 3 - COiV~PENSATION J CONSIDERATION 3.1 As consideration for the Project required by this Agreement, the District shall pay the Recipient the funding amount as specified on page one of this Agreement. Such amount is not to exceed the specified amount and therefore, no additional consideration shall be authorized. The Recipient shall provide at least sixty percent (60%) of the Project's construction cost, unless a different amount is authorized pursuant to s, 373.1961{3)(e), Florida Statutes. The District will make funding payments only t© reimburse for work completed between October 1, 201)7 and August 29, 2008. ;lgreement No. 4600001201, Page 2 of 1 [ 3.2 "the Recipient assumes sole responsibility fir all work which is performed pursuant to Exhibit "A". >3y 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 ta, the adequacy or sufficiency of all or any part of work described in Exhibit "A". 3.3 The Recipient hereby agrees nc~t to use District funding for any work associated with the research, design and permitting aspects of the Pro}ect. District funds shall only be used for the construction activities described in Exhibit "A'". 3.4 The Recipient agrees to reimburse the District funds provided through this Agreement for facilities (i.e. testlproduction wells, etc.) that do not become an operational component of the overall alternative water supply facility within the timeframe established in the proposal. l~otwithsianding anything in this Agreement to the contrary, this paragraph shall remain in full force and effect for ten (10} years from the date of contract execution. 3.5 Notwithstanding any provisions of this Agreement to 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 or any part of the $18,000,000 state appropriation far alternative water supply from the State of Florida as provided in the State's 2008 fiscal year budget (SE3 2800JCh. 2007-72, Laws of Florida). The Recipient shall indemnify and hold the District, its officers, directors board members, agents assigns and employees, from liability, claims, damages, losses or costs should the District cancel this Agreement or reduce the funding amounts in this contract pursuant to this paragraph. ARTICLE 4 -FUNDING PAYi~1ENTS AND REPORTING 4.1 The District shall maks; payment to the Recipient upon completion and acceptance of the final deliverables} as described in the "Payment and Deliverable Schedule", attached hereto as Exhibit `B". 4n or before August 29, 2008, the Recipient shall provide a completed Project Summary Final Report, attached hereto as Exhibit "C". Concurrent with delivery of the final deliverable{s}, the Recipient shall provide certiFcation that all construction has been completed in accordance with Exhibit "A" of this Agreement. 4Z The Recipient's invoice{s) shall reference the District's Agreement Number anal shall be sent to the following address: South Florida Water Management District ~11~TN: Accounts Payable PO Bax 24682 West Palm Licach, FL 3341b-46$2 The Recipient shall not submit an invoice to any other address at the District. In order to expedite the invoice review and approval grocers, the Recipient also shall submit an electronic cagy of each invoice to the 1'ruject I~lanager. The Recipient invoices shall Agroenlent No. 46t?(1001201, Page 3 of 11 contain the backup documentation necessary (e.g., contractor invoices) far the Projcet 1~lanager to be able to ascertain clearly that each final deliverable in the invoice has been substantially complete. 4.3. Upon completion of the Project, any data that was generated during the performance of the Project shall be submitted to the District upon request. Iy`ew Vw'ell Construction. Pro~~ects: For projects involving construction of new wells, the Recipien# shall: I . Submit design of well construction. and testing programs to the District for review and comment prior to implementation. The Recipient shall integrate the District's comments into the lirral testing plan where feasible. 2. Submit all pertinent well information collected during well construction and testing (i.e., depths, cuttings descriptions, geophysical Lags, aquifer test data, etc.), as available. Submissions shall be provided electronically as specified by the District. 3. If the final location of the well(s) varies from the original location specified in the Consumptive TJse or other permit or permit applications, the Recipient shall provide the Project Manager tivith written proof that the appropriate permitting agency contact is awruc of arrd agrees with the changes. The data shall be archived in the District's permanent database and available to the public. Please contact F,mily Richardson (~6l) 6$2-6824, Emilv.Richardson~sfwmd.~ov, for instructions on submitting data. 4.4 'the Recipient shall provide to the District regular project update/status reports by December I, 2007, February I, 2008; April 1, 2008; and June 1, 2008. Reports shall provide detail on the progress of the Project and. outline any potential issues affecting Project completion or overall schedule. Status reports may be submitted in any form agreed to by District project manager and the Recipient, and may include emails, memos, and letters. 4.5 In accordance with Section 373.0361 (7) (b} of the Florida Statutes, the Recipient shall provide an annual status update to the District detailing the progress of the Project. ARTICLE 5 - ~Q~iTRACT MANAGEMENT S.I The Parties shall direct all matters arising in connection with the performance of this Agreement to the attention of the Project l~lanager for attempted resolution or action. The Project Manager shall be responsible for overall coordination and oversight relating to the performance of this Agreement. 5.2 All notices, demands or other communications 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. AgreernCnt No. 4bt?U00120t, Page 4 of i t 5.3 Should either Party change its address, written notice of such new address shall promptly be sent to the other Party. 5.4 Al! correspondence to the. District under this Agreement shall reference the District's Agreement Number. ARTICLE 6 - TERM[IYATIO~' /REMEDIES 6.I It is the policy of the District to encourage goad business practices by rerluiring 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 shall issue a Termination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Termination far Default Notice, the District's Governing Board shall determine whether the Recipient should be suspended from doing future work with the District, and if so, for what period of time. The District's Governing Board will consider the factors detailed in Chapter 40E-7, Part II of the Florida Administrative Cade in making a determination as to whether a Recipient should be suspended, and if so, for what period of time. Should the District terminate for default in accordance with this provision, the District shall be ezttitled to recover procurement costs in addition to all other remedies under law andlor ec}uity. G2 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 whale, or from time to time in part, whenever the District shall determine that such termination is in the best interest of the District. Any such termination shall be effected by delivery of a Notice of Termination to the Recipient, specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. In the evert of termination, the District shall compensate the Recipient far all authorized and accepted work performed through the termination dale. The District shalt be relieved of any and ail 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. "Che Agreement No. 46fl000 i201, Page 5 of 1 t mediator or mediators shall be impartial, shall be selected by the Parties, and fhe cost of the mediation shall be borne ctlually by the Parties. 'l~he mediation process shall be confidential to the extent permitted by law. . b.4 Notwithstanding anything in this Agreement to the contrary, the District reserves the right to terminate this Agreement immediately without notice in the event any of the representations contained in the Recipient's project proposal are found to be false or if the Recipient faits to complete the construction and performance of all work items described in Exhibit A, Statement of t~"ark. ARTICLE 7 - RFCQRDS 1tET;UNTI~N 7.1 The Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5} years from completing performance and receiving final payment under this Agreement. B. Examination of Record_ "I'he District or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all retards 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, tune and place. C. Extended Availability of Records for Legral Disputes. In the event the Dis#riet 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 alI retards relating to this Agreement until the final disposition of the Iegat dispute. All such records shall be made readily available to the District. D. Periodic Audits. The District shall per#'orm audits periodically to ensure funding objectives are being met. 7.2 Whenever the District's contribution includes state or federal appropriated funds, the Recipient shall, in addition to the inspection and audit rights set forth in Article 7.1 above, maintain records and similarl~.- require each subcontractor to maintain and allow access to such records in Compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Retards: The District shall provide the necessary information to the Recipient as set forth in Exhibit "D." B. The Recipient shall maintain all financial/non-financial retards through: Agreement No. 46000Q1201, Page 6 of I 1 (1) Identification of the state or federal a~rarding agency, as applicable (2) Project identifiication information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements far state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (~) Audit~accaucltability requirements far federal projects as imposed by federal laws and regulations (S) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year C. Examination of Records: The District or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General anc~'or federal awarding agency shall have the right to examine the Recipient's financial and non- ftnancial records to the extent necessary to monitor the Recipient's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. ARTICLE 8 -STANDARDS OF COi~iPLIANCE $.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 far claims under state law and in the 5outhem 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 of the Florida Statutes. Should the Recipient assert any exemptions to the requirements of Ghaptcr 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.~ Pursuant to Section 216.347 of the Florida Statutes,. the Recipient is prohibited from the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch or another state agency. 8.5. The Recipient has obtained, at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state, municipal or local agency, and Agrccn3ent No. 46000012Q1, Page 7 of 1 i other governmental approvals, prior to commencing performance of this Agreement. The Recipient agrees to comply with the terms and conditions of all permits. 8.G The Recipient hereby assures that no person shall be excluded on the grounds of race, color, creed, national origin, l~andreap, age or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. 8.7 Pursuant to Section 287.13.: of the Florida Statutes, a person or affiliate who has been placed on the convicted vendor list may not submit a bid, proposal, or reply to a request to provide any goods or services related to the construction of the Project contemplated herein. Recipient also assures that it is not on the District's Suspension of Contractors List. Recipient agrees to include a provision to this effect in ail requests for proposals and subcontracts related to constriction of this Project, 8.8 A Recipient who operates a public water supply utility shall, by June 1, 2408 adopt a rate structure that will promote the conservation of water and promote the use of water from alternative water supplies and shall provide the District with a copy of such adapted rate structure an or before August 29, 2008. 8.9 Recipient of funds far a reuse project shall provide a status report by August 29, 2008 addressing the following issues: {1) accounting of reclaimed water usage and method used {meters, etc.); (2) ail rates and charges for reclaimed water; {3) the status of implementing public education programs to inform the public about water issues, water conservation and the importance and proper use of reclaimed water, and (4) providing the District with the location of each reuse facility owned by the Recipient, 8.10 This paragraph shall remain in full force and effect for twenty (20) years from the date of contract execution. After construction is completed on the Project, the Recipient shall continuously operate the Project as described in the Project proposal and consistent with the applicable water use permit(s). In the event the Project is not operated in accordance with these requirements, the District may cease funding for this Project and any future Projects proposed by the Recipient. All other provisions of this contract shall terminate on September 30, 2008. 8.11 Recipient shall implement a public education program to inform the public about the environmental and other public benefits of the Alternative Water Supply project and shall provide the District with a copy of such public education program on or before August 29, 2008. ARTICLE 9 - INL1Elti1NIFICA'I'tON AND INSURANCE 9.1 For value received, which is hereby acknowledged, the Recipient shall, subject to the limits permitted in Florida Statue 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 a#torney's Agre~rnent Nc~. a~oaaatzat, Page 8 of 1 I fees, to the extent caused by the negligence, recklessness or intentionally wrongful conduct of the Recipient and othur persons employed or utilised by the Recipient in the performance of the Agreement. The District shall have the right to approve counsel selected by t~~e Recipient to defend the District in the event the District is named in ary legal action. However, nothing contained here shall constitute a waiver by the Recipient of its sovereign immunity or the provisions of F.S. 76828. The Recipient further acknowledges that it is solely responsible for ensuring its eompiiance 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 it} - RELATIONSI-IIP I3ET"~VEEN THE PARTIES l Q. ! 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. 102 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 assignrrtent in violation of this provision shall be null and 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-GEiVERAL PROVISIONS 11..1 Notwithstanding any provisions of this Agreemenk 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 ar for any other cause of the same character, which is unavailable 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.E Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: Agreement No. A60o00120t, Page 9 of l I (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 1 13 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 temps 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 teen or provision of this Agreement, to the extent the Agreement shall remain operable, enforceable and in full farce 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/public awareness media shall be jointly planned by the 12.ecipient and the District and any and all materials, events, or endorsements arising out of this award shalt 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. 11.8 Phis Agreement is subject to and governed by the provisions applicable to it contained in sections 373.0831 and 373.196!, Florida Statutes {2004), as amended by Chapter No. 2005-291 (SB 444, Laws of l~ lorida). Agrecrnent No, 4bU0001?0l, Page 10 of 1 1 IN WI"INESS VJHERLOr, the Parties or their duly authorized representatives hereby ex~cutc this Al;reement on the date written below. SOUTH FLQRIDA WATER i1~1ANAGE11rIEi~I1" DISTKICT, BY ITS f;OVER.NIIr1G BOAI2ll ,~ /.- - `~~ 1~'r~ank~Aayden, Procurc~.~nt Director Date: j/ _ ,'~ ~} ~~~ ~ _~. -~--~~. SFV1';kiD Procurement Approved: ~ f r • .~ ' f ~ '` ~ l ~ x.. '~ r ° ~~ ; ~~ , j ,~ .,. , ~ ,~ i~:' _ Date: r ' ~' y,~~ SFt~'MD Office of Coun$el Approved: Bv: ~~~~~~ Uate~~~~~~~ Entity's Legal Name: Ci~.y of Miami Beach By Authorized Official: ,. ~' ~ ~ l J ' e M. Ganz~~~ Printed Name: City Manager Date: ~.:~~- - ~ ~ ~ ~': . Agreement No.4fi©0001201, Page 1l of 1 ~2 ,~ a7 to Exhibit "A" Statement of'1i~ork Normandy Shores Golf Course, 0.713 ivIGD irrigation system City of Miami Beach A. IntroductionlBackground 'Che City of It~liami Beach owns the Normandy Shores Gulf Course, originally constructed in the 1920x. `l~he site is located in Section 03, 04, 09 and 10 Township 53 S and Range 42 ti within the City of Miami F3each, in I~liami-Dade County of Florida. The site is approximately 119.148 acres. The existing course utilized utility water supplied by the city as the only source of irrigation. .Approximately ? 13,000 gallons per day of water is necessary to irrigate the course. 1'he golf course is currently being modified and renovated. The proposed modifications include replacing the Bermuda grass with salt tolerant turf grasses (paspallurn) and supplementing the city .vith water from on-site lakes. "I'he on-site lakes will be interconnected, and brackish water will be dra«~n directly from the lakes to irrigate the course, saving on the potable water supply. The total. irrigated acreage of the project is 100.E acres of landscape irrigation. B. Objectives "I he project objective is to reduce the golf courses dependency an the public water supply by utilizing the existing un-site brackish water and to create a greater balance in the use of the site's natural resources. C. Scope of Work The Cit}- of Miami Beach will complete the entire scope of ~3-ork during FY2008, which includes the interconnection of all on site lakes {8.34 acres) as a brackish v;rater irrigation suuroc. 'I'bis innovative approach includes the following scope of work elements: installation of a nev4r potable connection, installation of a brackish water intake and wet well; installation of three six-inch, sixty horsepower, six hundred gallons per minute centrifugal pumps; construction of a pump house structure and associated mechanical equipment; and installation of the irrigation system including pipes and control system (weather station included). D. Work Breakdown Structure The work breakdown structure associated with this project is described below. Note that if the project is compteted prior to the due date of a. Status Report {"Tasks 1-4}, then the Status Report shall be replaced by the Final 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 inforrnatian pertinent to the project. Delivery Date: December 1, 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. Delivery Date: February I, 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. Delivery Date: April 1, 2008 Page 1 of 2, F.?chibit "A" to Agreement No. 4b00001201 Task 4 -Status Report: ._. lent shall submit to the project mana~, status repoR~ summarizing progress made to date, issues of concern potentially affecting project perfonnance, and any other information pertinent to the project. Delivery Date: June 1, '?008 Task S - Recipient shall purchase and install approximately 21,260 linear feet of PG't" main piping and the associated 70 valves to convey brackish w°ater_ Delivery Date: August 29, 2x08 Task 6 - Recipient shall install a pump station including three 60 HP pumps and motors. Delivery Date: August 29, 2008 :Task ? - Recipient shall install a ~°et well. Delivery Date: August 29, 2x08 'T'ask 8 - Recipient shall install a lake intake and screen. Delivery Date: August 29, 200$ 'T'ask 9 - Recipient shall install a pump house. Delivery Date: August 29, 20x8 Task la -final Report: Recipient shall submit. to the project manager a Final Project Report summarizing all work performed during the course of the project. Delivery Date: August 29, 20x8 Page 2 of 2, Exhibit "A" to agreement ~o. 4600001201 EXHLBIT "B" SUMMAR1r ~GHEDULE OF TASKS AND DELII-~RABLES • The schedule set forth below is based an a one (1} year agreement from October 1, 2007 to September 30, 2008. • ~`otal payment by the District: to City of Miami Beach shall not exceed the amount of $347,600. Payment shall be made following receipt and acceptance by the District of project deliverables in accordance with the schedule set forth below. The Recipient hereby agrees to provide the District all deliverables, data, and information described in the Statement of Work. invoices for completed deliverables shall be submitted to the District for payment by August 29, 2008. However, the Recipient is encouraged to arrange for deliverable inspection and invoice as soon as a deliverable has been completed. • Reporting requirements are also part of this exhibit. The Recipient shall provide regular project updatelstatus reports by December 1, 2007; February 1, 2008; April 1, 2008; and .June 1, 2008. Reports will provide detail an the progress of the project and outline any potential issues affecting project completion or overa!( schedule. Status reports may be submitted in any form agreed to by the District Project Manager and the Recipient, and could include emails, memos, and !et#ers. 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. Task ~ ~ "` -~ ~ ' i i District 3`;tot-To- I No I~etiverable~sj , Invoice Date Report Due Date Exceed Payment ~ . ~ 1 Status Report _ N/A December 1, 2007 NIA 2 Status Report NIA February 1, 2008 NlA 3 Status Report N/A April 1, 2008 N/A 4 Status Report NIA June 1, 2008 N!A Purchase and installation of 5 approximately 21,260 linear feet of PVC August 29, 2008 N/A $73,700 main piping and associated 70 valves to convey brackish water 6 Installation of pump station including August 29, 2008 NIA $107.600 three 60 HP pumps and motors 7 Installation of wet welt August 29, 2008 NIA $10,100 8 installation of lake intake and screen August 29, 2008 NIA $19,300 9 Installation of pump house August 29, 2008 N/A $136,900 10 Final Project Report NIA August 29, 2008 NIA TOTAL DISTRIC3 PAYMENT $347,600 Total Construction Cost This Phase $936,741 " The deadline for the final invoice submittal is August 29, 2008. However, this invoice could be submitted before August 29, 2008 '" Fknal payment is based on the total estimated construction cost this phase. An actual cost less than the estimated cost may result in a reduced final payment. If the project includes well drilling and testing, deliverables must include copies of atf hydrogealogic data collected in the course of drilling and testing, in the SFWMD specified formaf. An electronic copy of the SFWMD specified format is available via email. Contact the appropriate SFWMD Project Manager to request one. Page t of 1, fxhibit "F3" to Agreement No. 460000120 t EX~iI~iIT "C" REPnRTINr Ff)R;~T Project Name Project Summary Final Rep®rt - FY' 2008 Project Manager SF~'V'i41D Contract Number Project Owner Describe Project constructed: Type of from: TOTAL Attach map and photo(s) of project on CD, if available. The District will make funding payments only to reimburse for work completed between October 1, 2007 and August 29, 2008. To the best of my knowledge, the above information is correct Chief ~ financial Officer Project Manager Pale 1 of 1, F,xtubit "C" to Agreement Iv`a. 4600041201. }--- CL] S t11 c c ~ ~ ~' c `' ~- v ~ ~U Z C O ~ .~ J O cn ~ LL ~ }- Z O = l ~ Z _$ ~ of ~ I LL! ~ Ci ~ f=- Q ~ ~ ~ ~ ~ o! U U? = ~ c ~ ~ ~' y~ L E ~ 1 ~ ~ ~ ~ 1.. a =~ z ~-- Z ~ i W ' ~' a s O C dLl ~ r ~ Q Q °' V 4`( 1 S L +' Q a ~ ~ I~ ~ ~ ~ I Z Li.. a~ c: l!~ O ~ j~ p' ~ ~ -- o ~ ~~ i ~ ~~~ ~ ~ ~ ~v~ ~ ` '' ~U v"~i ~ ~ ~ ~ ' ! ~ ~ d~ L ~ ~ O CT V1 C.p ~ c O L ~ N ~ ~ 3 ~ ~ 'G v OR c ~ o ' tx. ~ r L ~ u t,n ,~ ~ ~n v lx. O ~# v cD O u Q ~ P O ~+ x ~ G ~~ ~, C r L O ~ ~-+ ~ . ~ • C c~ '" L i ¢~ '~ o F- o o ~ a ~ a ¢ Ll ~ y ~ ~ ;~ o a ~ k. o U ~ o . ~,. ~ .~ i ~ .. . i n a ~ ~ G U ~ U °' c °' °' ~ o ~ G ~ ~ ~ y z M L , / '~1~ Q h w ~ H v L Q~ Q ~ Q w. G N y 1. F'~ ~ _. l/~ d o ~ a t:: ~ ~z ~ ~ y N ~ ' L ~' 7 7 Q,, Llr r y G w ~ ~ ~ G ~ ~ i v a i oA ~ ~ „~ ~~ v 04 ~.. ` ~7 E ~ v ~ 3 j s3 ~ u ; ! , ~ v L a D ~ ; ' ~ ~ ~ ~ 6! ~ N L ~ y ~i ~ L .G ~! v G I . TJ ~' C W ~. p!) ~ '~ ~{ E~."' y z ~ R Lx. Law _~` I I I i i ' ( v -~ tLlS U U ~ C ~ ~' N U O N Q N ~ ~ O ~ ftf 'U ~ C6 ~ U~v ~~~ ++ U ~ ~ .~ ~ ~ Q1 ~ ~ (4 U ~ Q~J Vi m t/3 ~ p ~ ~ ~ ~ C O ~ 'Q ~ C,) ~, ~~o~~ a ~~~" L ~ ~ ~s"-~ ~~~~ ~~~ ~ ~ o v a. ~ v ~ C .. C ~ R1 .~ T r--, ~ 4,. ~ Q N ~?~ L U Q ~ ~ ,N -- Q ~ v ~ ~ ~ ~ .Q- _ U ~ M ~ ~ ~ ~` U N ["~ {n n~l +~ ~ N ~ ~ m r- a~ w ~ ~ L Q) `. Q „~ ? -~ ~ ~ ,S] r-~ U C6 Q ~ ~ ~ ~ ~ Q T~T lV ~ ~~ L. ~ ~~ b Q Q, Q .i+.' ~ ~ ~ :.=+ N ~ ~ ~ ~°~°U Page 1 of 3 Hernandez, Kerry From: Hoanshelt, Judy Sent: Friday, May 23, 2008 4:18 PM To: Hernandez, Kerry; Stillone, Isabel Subject: RE: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Hi Kerry, SFWMD sent us back copies. We do not have an original. MIAMIBEACH Judy Hoanshelt, Grants Manager OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7510 /Fax: 786-394-4675 ! www.miamibeachflgov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Hernandez, Kerry Sent: Friday, May 23, 2008 3:30 PM To: Stillone, Isabel; Hoanshelt, Judy Subject: RE: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Hi Judy, On 3/20!08 I gave you originals executed by the Mayor and City Clerk. We need an original to file with the original reso. Can you check. Thanks, Kerry MIAMIBEACH Kerry A. Hernandez, Office Associate V CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7000 ext. 6534 ! Fax: 305-673-7254 / www.miamib_eachfl.gov We are committed to providing excellent public service and safety to alt who live, work and play ir1 our vibrant, tropical, historic community. From: Stillone, Isabel Sent: Friday, May 23, 2008 3:19 PM To: Hernandez, Kerry; Hoanshelt, ]udy Subject: RE: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 We don't have an original. That's the only copy I have. MIAMIBEACH Isabel A. Stillone, Management Consultant OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7000 x6354 ! Fax: 305-673-7519 ! www.miamiheachfl.gov We are committed to providing excellent pubtic service and safety to all who live, work and play in our vibrant, tropicar, historic community. Please do not print this a-mail unless necessary 05/23/2008 Page 2 of 3 From: Hernandez, Kerry Sent: Friday, May 23, 2008 3:18 PM To: Stillone, Isabel; Hoanshelt, Judy Subject: RE: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Thank you Isabel, but I need the original to be filed with the resolution. Please send it to the City Clerk's Office, attention Kerry. Thanks. Kerry MIAMIBEAGH Kerry A. Hernandez, Office Associate V CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7000 ext. 6534 / Fax: 305-673-7254 / www.miambeachfl.gov We are committed to providing excellent public service and safety fo all who live, work and play in our vibrant, tropical, historic community. From: Stillone, Isabel Sent: Friday, May 23, 2008 2:04 PM To: Hoanshelt, Judy Cc: Hernandez, Kerry Subject: RE: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Kerry, Attached please find the SFWMD agreement for Normandy Shores Thanks, Isabel MIAMIBEAGH Isabel A. Stillone, Management Consultant OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7000 x6354 ! Fax: 305-673-7519 / www.miambeachfl.yov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant. tropical, historic community. Please do not print this a-mail unless necessary From: Hoanshelt, Judy Sent: Friday, May 23, 2008 1:44 PM To: Stillone, Isabel Cc: Hernandez, Kerry Subject: FW: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Isabel -could you send Kerry a copy of the SFWMD agreement for Normandy Shores (2007-26552). Thanks, MIAMIBEAGH Judy Hoanshelt, Grants Manager OFFICE OF BUDGET AND PERFORMANCE IMPROVEMENT 1700 Convention Center Drive Miami Beach, FL 33139 Tel: 305-673-7510 !Fax: 786-394-4675 / www.miamibeachfl.aov_ 05/23/2008 Page 3 of 3 We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. From: Hernandez, Kerry Sent: Monday, May 19, 2008 4:40 PM To: Velasco, Ana Cecilia; Singleton-Taylor, Autier; Middaugh, Bob; Noriega, Carlos; Turner, Debora; Mejia, Dolores; Morales, Yamilex; Terpak, Drew; Beckmann, Fred; Acosta, Gladys; Lopez, Gus; Ellis, John; Gomez, Jorge; Hoanshelt, Judy; Magrisso, Julio; Brooks, Kathie; Bonde, Kent; dinorarosario@miamibeachfl.gov; Crowder, Kevin; Smith, Kevin; Sklar, Max; Gruen, Michael; Walker, Patricia; Inguanzo, Ramiro; Aguila, Raul; Halfhill, Robert; Middaugh, Bob; Frances, Saul; Gomez, Carla; Hemstreet, Tim; Guzman, Vivian Subject: PENDING RESOLUTIONS AND AGREEMENTS REPORT UPDATED TO 5/19/08 Good afternoon, Please find attached the pending resolutions, agreements and contracts report. Please submit to the City Clerk's Office the pending document(s) that you are responsible for completing and submitting. If you have already submitted your documents}, please inform the City Clerk's Office so we can research it and update the report. Thanks, Kerry M1AM1€3EACH Kerry A. Hernandez, Office Associate V CITY CLERK'S OFFICE 1700 Convention Center Drive, Miami Beach, FL 33139 Phone: 305-673-7000 ext. 6534 ! Fax: 305-673-7254 / www.ma_mibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. 05/23/2008