R09-007
" I
1 RESOLUTION NO. R09 -C07
2' i
3 I A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING AND DIRECTING THE CITY
5 MANAGER TO EXECUTE A FUNDING AGREEMENT
6 BETWEEN THE CITY OF BOYNTON BEACH AND
7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
8 PROVIDING FOR A $559,900.00 GRANT FOR PHASE 1B,
9 RECLAIMED WATER DISTRIBUTION AND
10 RECHARGE SYSTEM PROJECT; AND PROVIDING AN
11 EFFECTIVE DATE.
12
13 WHEREAS, the City of Boynton Beach has been awarded a $559,900.00 grant from
14 the South Florida Water Management District; and
15 WHEREAS, increased ground water withdrawal allocations to meet future demands
16 are becoming more difficult for municipalities to obtain from the South Florida Water
17 Management District; and
18 WHERAS, grant funding is available to eligible municipalities with approved
19 projects to promote the use of alternative water programs; and
20 WHEREAS, Implementation of reclaimed water systems is one of the most
21 effective methods recognized by the South Florida Water Management District to offset
22 consumption use demands.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct and are hereby made a specific part of this Resolution upon adoption
27 hereof.
28 Section 2. The City Commission of the City of Boynton Beach hereby authorizes
29 and directs the City Manager to execute a Funding Agreement to accept a $559,900.00 grant
S:\CA\RESO\AgreementSlGrants\SFWMD Reclaimed Water Grant Phase IB.doc
. . I
i'
I
1 between the City of Boynton Beach and the South Florida Water Management District for Phase
2 1 B of the Reclaimed Water Distribution and Recharge System Project, a copy of which is
3 attached hereto as Exhibit "A".
4 Section 3. This Resolution shall become effective immediately upon passage.
5 PASSED AND ADOPTED this ~ day of January, 2009.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 ATTEST:
25
26 Yn.~
27
28
29
30
31
32
33
34
35
"':,',.,':;,'
S:\CA\RESO\AgreementSlGrants\SFWMD Reclaimed Water Grant Phase IB.doc
((0"1-00 7
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
2008 - 2009 AL TERNA TIVE WATER SUPPLY
FUNDING PROGRAM PONu....'JS'~JO; '1
Reference on III InvoIcII
Recipient: City of Boynton Beach
Recipient's Project Manager:
Kofi Boateng, P.E., Director of Utilities
Address: 124 East Woolbright Road
Boynton Beach, FL 33435
Telephone No: (561) 742-6400
Fax No: (561) 742-6298
SFWMD Project Manager: Stacey Adams
Telephone No.: (561) 682-2577
E-mail Address: sadams@sfwmd.gov
Fax No.: (561) 682-2027
Contract Specialist:
Sharman Rose
Telephone No.:
(561) 682-2167
Fax No.:
(561) 682-5117
Address:
3301 Gun Club Road
West Palm Beach, FL 33406
Insurance: Not Applicable
Federal Employer Identification Number: 59-6000282
Project Title: FY2009AWS - Project # LEC-85
Descri tion: Reclaimed Water Distribution S stem - Phase IB
Agreement No. 4600001652, Page 1 of 11
This Agreement is entered into between "the Parties," the South Florida Water Management
District, the "District", and the undersigned party, 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 construct 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 ofthis Agreement.
1.2 As part of the deliverables 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 Payment and Deliverable Schedule
Exhibit C Status Report
Exhibit D Final Project Summary Report
Exhibit E Federal/State Funding Resources
ARTICLE 2 - TERM OF THE AGREEMENT
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 Agreement.
ARTICLE 3 - COMPENSATION / 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%) or more of the
Project's construction cost, unless a different amount is authorized pursuant to Florida
Statutes s. 373.1961 (3)( e). Payment will be made by the District for work authorized and
completed between October 1, 2008 and August 31, 2009. 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 31,2009.
Agreement No. 4600001652, Page 2 of 11
3.2 The Recipient assumes sole responsibility for all work which is performed pursuant to
Exhibit "A". By providing funding hereunder, the District does not make any warranty,
guaranty or any representation whatsoever regarding any of the work performed
hereunder, including but not limited to, the adequacy or sufficiency of all or any part of
work described in Exhibit "A".
3.3 The Recipient hereby agrees not to use District funding for any work associated with the
research, design and permitting aspects of the Project. 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., test/production wells, etc.) that do not become an operational component
of the overall alternative water supply facility within the timeframe established in the
proposal. Notwithstanding anything in this Agreement to the contrary, this paragraph shall
remain in full force and effect for twenty (20) 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 Agreement and lor
(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 state appropriation for
alternative water supply from the State of Florida as provided in the State's 2009 fiscal
year budget (HB 5001/Ch. 2008-152, Laws of Florida).
ARTICLE 4 - FUNDING PAYMENTS AND REPORTING
4.1 The District shall 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". On or before December 31, 2008; March 31, 2009; and June 30,
2009, the Recipient shall provide a completed Project Status Report attached hereto as
Exhibit "C". Concurrent with delivery of each Project Status Report, the Recipient shall
submit a reimbursement request upon completion of each Task. In addition, on or before
August 31, 2009, the Recipient shall provide a completed Project Summary Final Report,
attached hereto as Exhibit "0", Concurrent with delivery of the final deliverable(s), the
Recipient shall provide certification that all construction 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
PO Box 24682
West Palm Beach, FL 33416-4682
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 shall also submit a copy
of each invoice to the Project Manager. The Recipient's reimbursement request shall
contain the backup documentation required (e.g., the request shall include, but is not
Agreement No. 4600001652, Page 3 of II
limited to, a copy of Recipient's invoice (include the District's Agreement Number and
P.O. number), signed certification letter on Recipient's letterhead (signed by an authorized
representative of the Recipient), Tasks completed per the Agreement (if all Tasks are
finished, a statement indicating that the Project is completed per the Agreement) and
vendor invoices/application for payment) for the Project Manager to ascertain that each
deliverable in the invoice has been substantially complete. The Recipient shall submit the
final reimbursement request and Exhibit "0" no later than August 31, 2009. 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.
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.
New Well Construction Proiects: For projects involving construction of new wells, the
Recipient shall:
1. 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 final testing plan where feasible.
2. Submit all pertinent well information collected during well construction and testing
(i.e" depths, cuttings descriptions, geophysical logs, aquifer test data, etc.), as available.
Submissions shall be provided electronically as specified by the District.
3, If the final location of the welles) varies from the original location specified in the
Consumptive Use or other permit or permit applications, the Recipient shall provide
the Project Manager with written proof that the appropriate permitting agency contact is
aware of and agrees with the changes,
The data shall be archived in the District's permanent database and available to the public,
Please contact Emily Richardson (561) 682-6824, Emily,Richardson@sfwmd,gov, for
instructions on submitting data.
4.4 The Recipient shall provide to the District regular Project status reports (Exhibit "C")
quarterly by December 31, 2008; March 31, 2009; and June 30, 2009. Reports shall
provide detail on the progress of the Project, amounts expended to date per Task and
outline any potential issues affecting Project completion or overall schedule, Exhibit "C"
shall be submitted to the District Project Manager via e-mail by the specified due date. In
the event actual construction costs are less than the not-to-exceed amount for a particular
Task stated in Exhibit "B", the Recipient will have the right to apply the unexpended
balance toward another Task. The Recipient shall provide prior written notice of its
decision to exercise this right. If the Recipient does not exercise this right, the Recipient
agrees to amend the contract to revise the not-to-exceed amount to the lower construction
cost. In no event, shall the District's total obligation exceed the amount specified in
Exhibit "B" for this Agreement.
Agreement No. 4600001652, Page 4 of II
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 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.
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 shall
issue a Termination for Default Notice. Once the District has notified the Recipient that it
has materially breached its contract with the District, by sending a Termination for Default
Notice, the District's Governing Board shall determine whether the Recipient should be
suspended from doing future work with the District, and if so, for what period of time. The
District's Governing Board will consider the factors detailed in 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 shall be entitled to recover
procurement costs in addition to all other remedies under law and/or equity.
6.2 The District may terminate this Agreement at any time for convenience upon thirty (30)
calendar days prior written notice to the Recipient. The performance of work under this
Agreement may be terminated by the District in accordance with this clause in whole, or
from time to time in part, whenever the District shall determine that such 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
Agreement No. 4600001652, Page 5 of II
becomes effective, In the event of termination, the District shall compensate the Recipient
for all authorized and accepted work performed through the termination date. The District
shall be relieved of any and all future obligations hereunder, including but not limited to,
lost profits and. consequential damages under this Agreement. The District may withhold
all payments to 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.
6.4 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 fails to complete the construction and performance of all work items described
in Exhibit A, Statement of Work.
ARTICLE 7 - RECORDS RETENTION
7.1 The Recipient shall maintain records and the District shall have inspection and audit rights
as follows:
A. Maintenance of Records. The Recipient shall maintain all financial and non-financial
records and reports directly or indirectly related to the negotiation or performance of
this Agreement, including supporting documentation for any service rates, expenses,
research or reports. Such records shall be maintained and made available for inspection
for a period of five (5) years from completing performance and receiving final payment
under this Agreement.
B. Examination of Records. The District or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this Agreement. Such examination may be
made only within five (5) years from the date of final payment under this Agreement
and upon reasonable notice, time and place,
C. Extended Availability of Records for Legal Disputes. In the event the District should
become involved in a legal dispute with a third party arising from performance under
this Agreement, the ~ecipient shall extend the period of maintenance for all records
relating to this Agreement until the final disposition of the legal dispute. All such
records shall be made readily available to the District.
D. Periodic Audits. The District shall perform audits periodically to ensure funding
objectives are being met.
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 similarly require each subcontractor to maintain and allow access to
Agreement No. 4600001652, Page 6 of II
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 Records: The District shall provide the necessary information to the
Recipient as set forth in Exhibit "E."
B. The Recipient shall maintain all financial/non-financial records through:
(1) Identification ofthe state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for 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
(4) Audit/accountability requirements for federal projects as imposed by federal
laws and regulations
(5) 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 and/or federal
awarding agency shall have the right to examine the Recipient's financial and non-
financial 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 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 of the 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.
Agreement No. 4600001652, Page 7 of II
8.4 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
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. The Recipient
agrees to comply with the terms and conditions of all permits.
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 effectuate these assurances.
8.7 Pursuant to Section 287.133 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 all requests for proposals and
subcontracts related to construction of this Project.
8.8 A Recipient who operates a public water supply utility shall, by June 1, 2009 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 adopted rate
structure on or before August 31, 2009.
8.9 Recipient of funds for a reuse project shall provide a status report by August 31, 2009
addressing the following issues: (1) accounting of reclaimed water usage and method used
(meters, etc.); (2) all 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 or completed in
accordance with these requirements, the Recipient, if requested by the District, agrees to
reimburse the amount of funding the District provided to this Project. This amount may be
prorated based on the number of years the completed Project is operated using an assumed
project life of 20 years. Furthermore, the District may cease funding for this Project and
any future projects proposed by the Recipient. All other provisions of this Agreement
shall terminate on September 30, 2009.
Agreement No. 4600001652, Page 8 of II
8.1l 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 31,
2009.
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 Statues, nothing herein shall require
Recipient 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 herein shall constitute a waiver by
the Recipient of its sovereign immunity or the provisions of FS. 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 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.
Agreement No. 4600001652, Page 9 of II
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 1-11
(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/public awareness media shall be jointly planned by
the Recipient and the District and any and all materials, events, or endorsements arising
out of this award shall 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
Agreement No. 4600001652, Page 10 of 11
relationship unless they have been reduced to writing and signed by an authorized District
representative. This Agreement shall inure to the benefit of and shall be binding upon the
parties, their respective assigns, and successors in interest.
11.8 This Agreement is subject to and governed by the provisions applicable to it contained in
sections 373.0831 and 373.1961, Florida Statutes (2004), as amended by Chapter No.
2005-291 (SB 444, Laws of Florida).
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
Date: o ~ L/- cJ ~
4"}.-
SFWMD Procurement Approved:
B)I.k1 Ldd>lt> W"H,y~.....Da'e I;)J,,/~'l
,.
Entity's Legal Name: C.. ~TOcl "B~I-t
By Authorized Official:
Printed Name: KURT 'BRt:.s::>N t.::;.K.
Title: c,ty M AN 1t~E: ~
Date:
APPRO~M:
(0' 1-..
Agreement No. 4600001652, Page 11 of 11 CITY ATTORNEY
EXHIBIT "A"
STATEMENT OF WORK
Reclaimed Water Distribution System - Phase 1 B
City of Boynton Beach
A. INTRODUCTIONIBACKGROUND
As the demand on ground water resources continues to increase throughout South Florida, the
availability of future raw water supply becomes more questionable. Increased ground water
withdrawal allocations to meet future demands are becoming more and more difficult for
municipalities to obtain from the South Florida Water Management District (SFWMD), unless
alternative programs that offset consumptive use demands are utilized. Implementation of
reclaimed water use programs is one of the most effective methods recognized by SFWMD to
offset consumptive use demands.
In an effort to identify means to achieve reclaimed water use within the City of Boynton Beach
(City) service area, in February 2007 the City completed the "City of Boynton Beach
Supplemental Phase I Reclaimed Water System Plan". The purpose of the Plan is to identify the
pipeline sizing and routing to serve identified users within the Phase I area.
The potential Phase I reclaimed water users were identified as follows:
. Congress A venue Park
. Crosspointe Elementary School
. Bethesda Service Center
. Caloosa Park
. South Tech
. Highpoint Residential
. Little League Ball Park
. Boynton Beach Cemetery
. Forest Park Elementary
. Boynton Beach WTP
. Snug Harbor
. Sterling Village
. Pence Park
. Boynton Beach Civic Center
The City intends to complete construction and place on-line the Phase I reclaimed water system
over the next 14 months.
Page I of 3, Exhibit "A" to Agreement No. 4600001652
B. OBJECTIVES
The objective of this project is to implement the first phase (Phase I) of the reclaimed water
system within the City of Boynton Beach and to provide up to 0.966 mgd ofreclaimed water use.
e. SCOPE OF WORK
The project consists of construction of the Phase I reclaimed water system in - two (2) phases:
Phase 1 A and Phase lB. Phase 1 B reclaimed water distribution system consists of
approximately 2,240 linear feet (LF) of 14-inch; 4,550 LF of 12-inch; 1,645 LF of 8-inch; and
4,182 LF of 6-inch reclaimed water main and associated valve and meter boxes to serve the
Phase 1 B reclaimed water service area.
D. WORK BREAKDOWN STRUCTURE
The work breakdown structure associated with this project is described below.
Task 1: Recipient shall submit to the project manager an electronic submittal of final project bid
amount and/or vendor estimates for tasks to be completed in FY09.
Due Date: Upon Contract Execution
Task 2: Exhibit "c" - 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 31,2008
Task 3: Exhibit "C" - 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, 2009
Task 4: Exhibit "C" - 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, 2009
Task 5: Recipient shall construct 2,240 LF of 14-inch reclaimed water transmission piping and
associated valves and appurtenances.
Due Date: Upon Completion
Task 6: Recipient shall construct 4,550 LF of 12-inch reclaimed water transmission piping and
associated valves and appurtenances.
Due Date: Upon Completion
Page 2 of3, Exhibit "A" to Agreement No. 4600001652
Task 7: Recipient shall construct l,645 LF of 8-inch reclaimed water distribution piping and
associated valves and appurtenances.
Due Date: Upon Completion
Task 8: Recipient shall construct 4,182 LF of 6-inch reclaimed water distribution piping and
associated valves and appurtenances.
Due Date: Upon Completion
Task 9: Final Reimbursement- Request and Proiect Summary Report (Exhibit "D"): Recipient
shall submit to the project manager the final reimbursement request package and Project
Summary Report (Exhibit "D").
Due Date: August 31, 2009
Page 3 of3, Exhibit "A" to Agreement No. 4600001652
EXHIBIT "B"
SUMMARY SCHEDULE OF TASKS AND DELIVERABLES
Reclaimed Water Distribution System - Phase 1B
City of Boynton Beach
. The schedule set forth below is based on a one (1) year agreement from October 1, 2008 to
September 30, 2009.
. All deliverables submitted hereunder are subject to review and acceptance by the District
Project Manager. Acceptability of all work will be based on the judgment of the District that
the work is technically complete and accurate.
. Payment shall be made following receipt and acceptance by the District of the
Reimbursement Request Package(s) in accordance with the schedule set forth below, The
Recipient shall submit a reimbursement request upon completion of each Task noted below.
If applicable, the Recipient shall submit a final reimbursement request for payment and
Exhibit "0" no later than August 31, 2009.
. Reimbursement Request Packages shall include, but not be limited to, a copy of the
Recipient's invoice, signed certification letter for partial payment that the T ask( s) is (are)
complete per the Statement of Work (SOW) or that the project is complete per the SOW,
copIes of vendor InVOICeS, and any other documentation supporting payment.
Reimbursement Request Packages shall adequately demonstrate completion of each Task in
accordance with the SOW.
. The District shall only be obligated to pay for documented actual FY2009 construction costs
within the not-to-exceed amounts specified below. In the event actual construction costs by
the Recipient are less than the not-to-exceed amount for a particular Task, the Recipient
shall have the right to apply the unexpended balance toward another Task for this project.
The Recipient shall provide prior written notice of its decision to exercise this right to the
District Project Manager. In no event shall the District's total obligation exceed the amount
specified below for this Agreement; however, an actual construction cost less than the
estimated construction cost may result in a reduced final payment. The Recipient is
responsible for any additional funds either through local revenues, grants, other
appropriations, and/or other funding sources.
. Total payment by the District for all work completed herein shall not exceed the amount of
$559,900.00. If the total consideration for this Agreement is subject to multi-year funding
allocations, funding for each applicable fiscal year 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 I of 2, Exhibit "B" to Agreement No. 4600001652
Electronic submittal of final project Upon Contract
1 bid amount and/or vendor estimates N/A Execution2 N/A
for tasks to be com leted in FY09
2 Exhibit "c" - Status Report N/A December 31, 2008 N/A
3 Exhibit "c" - Status Report N/A March 3 1, 2009 N/A
4 Exhibit "c" - Status Report N/A June 30, 2009 N/A
Construct 2,240 LF of 14-inch
reclaimed water transmission piping Upon Task
5 and associated valves and N/A $145,400
appurtenances/Reimbursement Completion
Re uest Packa e
Construct 4,550 LF of 12-inch
reclaimed water transmission piping Upon Task
6 and associated valves and N/A $232,600
appurtenances/Reimbursement Completion
Re uest Packa e
Construct 1,645 LF of 8-inch
reclaimed water distribution piping Upon Task
7 and associated valves and N/A $63,100
appurtenances/Reimbursement Completion
Re uest Packa e
Construct 4,182 LF of 6-inch
reclaimed water distribution piping Upon Task
8 and associated valves and N/A $118,800
appurtenances/ Reimbursement Completion
Re uest Packa e
Final Reimbursement Request Upon Project
9 Package & Project Summary Report Completion August 31, 2009 N/A
(Exhibit "D")
Total District Fundin $559,900
Current Fiscal Year Construction Cost $1,399,700
Total Pro'ect Construction Cost $3,568,000
1 If applicable, interim Reimbursement Request Packages shall be submitted upon completion of the task(s) noted above.
Reimbursement Request Packages must be submitted no later than August 31,2009.
2 If construction bids and vendor estimates have not been completed upon execution of the Agreement, the Recipient shall
submit this information as soon as it is available to the District Project Manager.
Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeologic data collected in
the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is
available via email. Contact the appropriate District Project Manager to request one.
Page 2 of 2, Exhibit "8" to Agreement No. 4600001652
Exhibit "e"
Alternative Water Supply Program
Status Report
To comply with t~e AWS S~atus Report requirements specified in your contract, this form
shall be completed and submitted via e-mail to your South Florida Water Management
District project manager, Please attach backup documentation (e.g., pictures, drawings,
etc.) that will provide an understanding of project construction to date.
Status Report - Quarter 010203 Date:
Name of Person
Completing Form
Contract Number Proposal Number
Entity Name:
Project Title:
1. Provide a brief description of project status.
2. What is the overall status of your project (check one)?
- On Schedule
_Behind Schedule? Explain why, Do you expect the project to be completed on
time?
3. Actual Project Construction Cost Information -
Date Amount
Bid Document
Final Contract (with
Vendor)
Total Expended to
Date
Change Order(s)
Page I of2, Exhibit "e" to Agreement No. 4600001652
Exhibit "e"
Alternative Water Supply Program
Status Report
4. Construction Deliverables Status - provide the following information for each deliverable listed in Exhibit "8" of the contract:
Task Is the Task Estimated
No. Exhibit "B" Deliverables Complete? Finish Task Status and Comments
Y/N Date*
* Note that all tasks have to be completed and invoiced by August 31s1
Page 2 of2, Exhibit "C" to Agreement No, 4600001652
Exhibit "D"
FY2009 Alternative Water Supply
Final Project Summary Report
Project Title Entity Project Manager
SFWMD Contract Number Entity Project Owner
Describe Project constructed:
... i" .' .
..... i T
Quantity of Water Made Available
Type of Alternative Water (MGD) Upon Completion of This Phase Construction Duration
Supply Proposed Actual Start Finish
R~)~Qlji.'h.se.<PJ:uts~'''d.l)lI..~'.e~.~l:~'i:iiJ).
Proposed (this FY) Actual (this FY)
District funding this phase $ $
Local funds $ $
Other funding source
From: $ $
TOTAL
Attach map and photoes) of project on CD, if available. The District will make funding payments only to
reimburse for work completed between October 1, 2008 and August 31,2009.
To the best of my knowledge, the above information is correct
Chief Financial Officer
Project Manager
Page I of I, Exhibit "D" to Agreement No. 4600001652
EXHIBIT "E"
FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources A warded to the Recipient Pursuant to this Al!reement Consist of the Following:
Federal CFDA State
Program Federal Agency CFDA Title Funding Amount Appropriation
Number Number Category
State Resources Awarded to the Recipient Pursuant to this Al!reement Consist of the Following Matchinl! Resources for Federal Programs:
Federal CFDA State
Program Federal Agency Number CFDA Title Funding Amount Appropriation
Number Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subiect to Section 215.97, F.S.:
Federal State CSF A Title State
Program Federal Agency Fiscal Year Number Or Funding Amount Appropriation
Number Funding Source Description Category
2009 37.066 Water Protection & Sustainablility $323,450
Program
I Total Award I I I
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://l2.46.245.173/cfdalcfda.html] and/or the Florida Catalog of State Financial Assistance (CSF A) [http://state.fl,us/fsaa/catalog]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work, Any match required by the recipient is clearly indicated in the Contract.
Page 1 of I, Exhibit "E" to Agreement No. 4600001652
The Cihj oi Bognton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@ci.boynton-beach.f1.us
www.boynton-beach.org
January 26, 2009
BERNADETTE HARRISON
CONTRACT SPECIALIST
PROCUREMENT DEPARTMENT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 GUN CLUB ROAD
WEST PALM BEACH FL 33406
Re: RESOLUTION NO. R09-007 - CONTRACT NO. 4600001652 - FY2009
Alternative Water SupDlv
Dear Ms. Harrison:
Pursuant to your instructions, attached please find two original contracts in connection
with the project as described above. Also attached is a copy of Resolution R09-00?,
which was approved by the City Commission on January 20, 2009. Once the
documents have been fully executed, please return one original to me for filing in the
City's Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
Yn. p~
net M. Prainito, CMC
City Clerk
Attachments
c: Kofi Boateng
S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2009\SFWMD CONTRACT 460001652 FY2009 Alterntive Water supply.doc
America's Gateway to the Gulfstream
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
FedexOvernight Delivery
February 5, 2009 7963 1610 OR E C F=
.. --"lED
Mr. Kofi Boateng, P.E., Director of Utilities
City of Boynton Beach FEB 1 0 2009
124 East Woolbright Road
Boynton Beach, FL 33435
BOY'J"l"C~2 (3'" . "
Dear Mr. Boateng: ' f 1,'4 "!~ACH UTiLITIES
Subject: Contract # 4600001652
FY2009 AWS - Project # LEC-85
Please find enclosed one (1) fully executed copy of the above referenced
document.
Thank you for your efforts on behalf of the South Florida Water Management
District (District). Should there be any questions, or if you require any additional
information, please contact me.
Sincerely,
~~
Sharman Rose
Contract Specialist
Procurement Department
shrose@sfwmd.gov
(561) 682-2167
FAX: (561) 682-5624
SR/cdl
Enclosure
c: Stacey Adams, MSC 4362
Procurement/Original File
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
The City of
Boynton Beach
n
<:) (""')-"4
U) ~-<
Utilities Department ""Tl -;;:0
/24 E. Woo/bright Road I'Tl n""'l"l
Boynton Beach. Florida 33435 CO ;"-ro
Phone (56/) 742-6400 - iT1c>
- -<
FAX: (56/ ) 742-62Y8 %
J':'" (".) -..
::~ 0
C5 O:z:
-"I
.. "TIt!O
- -fT1
():>
-' ('1'1 n
TRANSMITT AL :t:
TO: Janet Prainito, DATE: February 10, 2009
City Clerk
FROM: Karen Riseley,
Contract Administrator
RE: South Florida Water Management District
Contract #4600001652 (Reclaimed Water Grant)
FY2009 A WS - Project #LEC-85
TRANSMITTED HEREWITH ARE THE FOLLOWING ITEMS:
DATE NO.
DESCRIPTION
2-10-09 1 Fully executed grant agreement
Thank you
Signed:
aren T. Rise1ey, CPPB
Contract Administrator
cc: Grant File
8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
. AMENDMENT
4600001652-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 4600001652
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF BOYNTON BEACH
This AMENDMENT NO. 01, entered into on , to
that AGREEMENT dated October 1, 2008, between "the Parties," the South Florida Water
Management District (DISTRICT), and City of Boynton Beach (AGENCY)
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the state
funding of the AGREEMENT;
NOW THEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
l. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties.
2. Exhibit "E" of the AGREEMENT is hereby deleted and replaced with Exhibit "El"
attached hereto and made a part of the AGREEMENT.
3. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
4. All other terms and conditions of the AGREEMENT, remain unchanged.
Page 1 of 2, Amendment No. 01 to Contract No. 4600001652
8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
. AMENDMENT
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT ApPROVED ~
By: 5.'- -
DATE: ~ \ 7.--\0 \0 q ~
IV
CITY OF BOYNTON BEACH
By:
Title:
APPROVED AS TO FORM:
.~-:-,-.o:t":..,..___.
CllY ATTORNEY
Page 2 of 2, Amendment No. 01 to Contract No. 4600001652
EXHIBIT "E1"
FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal CFDA State
Program Federal Agency Number CFDA Title Funding Amount Appropriation
Number Category
State Resources Awarded to the Recioient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal CFDA State
Program Federal Agency Number CFDA Title Funding Amount Appropriation
Number Category
State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.:
Federal State CSF A Title State
Program Federal Agency Fiscal Year Number Or Funding Amount Appropriation
Number Funding Source Description Category
2009 37.066 Water Protection & Sustainablility $248,450
Program
I Total Award I I I
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
(http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSF A) (http://state.tl.us/fsaa/catalog]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
Page 1 of 1, Exhibit "EI" to Agreement No. 4600001652
CITY CLERK'S OFFICE
MEMORANDUM
TO: James Cherof
City Attorney
FROM: Judith A. Pyle
City Clerk
DATE: April 3, 2009
RE: Execution of Amendment No.1 South Florida Water Manaaement Grant Contract
Attached for your review and approval are two (2) partially executed Amendments mentioned above and a
copy of the original agreement. Once the documents have been fully executed, please return to the City
Clerk's Office for further handling..
Thank you.
I} ~ f/c-
> n -i'i.-J){~ -
Attachments
S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2009\South FLorida Water Management Gran Amendment doc.doc
City of Boynton Beach
Utilities Department
Interoffice Correspondence
TO: Janet Prainito, City Clerk DATE: April 2, 2009
FROM: Kofi Boateng, Director of Utilities ~ k~~tE: 742-6401
SUBJECT: Execution of Amendment No. 1 ('"")
South Florida Water Management Grant 0 ("')=f
I..D -1-<
Contract #4600001652, LEC-85, Reclaimed Water Project :Po
-:1 -<0
:.u C~) "
bcc: (J--'Pete Mazzella, Deputy Director, Utilities I i~-~m
w ~~i c:>
--'-<
Barb Conboy, Manager Utilities Admin/Finance 2:1It ~~
Karen Riseley, Contract Administrator :.::c C/l -t
00
\.0 -'tZ
.. "'T10
en -Pl
.z:- g~
:r
The South Florida Water Management District (SFWMD) requested the execution of Amendment No.1
to Contract #4600001652, LEC-85 for the City's Reclaimed Water Project. Two (2) original
amendment documents are attached for execution by Mayor Jerry Taylor.
Utilities received Amendment No.1, Exhibit "E 1" on March 30, 2009 with instructions for execution.
We spoke with Betty Thayer at the SFWMD; she explained that the amendment has no impact on the
initial grant agreement for $559,900 approved and executed at the City Commission meeting held on
January 20,2009.
Amendment No.1, Exhibit "E1" is a reallocation of funds from the State to the SFWMD. As stated on
Page 2 of the amendment, 'all other terms and conditions remain unchanged.' A copy of Contract
#4600001652, LEC-85 is also attached for your reference.
Both original amendments must be returned to the SFWMD and upon the final execution, one (1)
original will be returned to the City. When the amendments are signed, they can be returned to our
office for distribution and the final executed document will be sent to your office.
If you have any questions, please contact me at Ext. 6401, or Pete Mazzella at Ext. 6404.
Thank you.
Attachments
Amendment No. 1 - Two (2) originals
Contract #4600001652, LEC-85 - Copy
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Overnight Delivery
7974 5596 9430
March 27, 2009 REC~"ft'"'D
.' .~, ~,!. ~t~ .
~';,f \'., '!'t".~ ,-
Mr. Kofi Boateng, P.E., Director of Utilities ' .' .. ",;,...~ ll)~'!'t?'.i. -.~ _"it, ._....i<~
City of Boynton Beach
124 East Woolbright Road MAR 3 0 2009
Boynton Beach, FL 33435
Dear Mr. Boateng: . ~~~~"r!"'\
BO""''': ','
" ,', ~ ( f;. '\ ~: "'l.~ ;~ a~; 1 i:.tlLJ
Subject: Contract # 4600001652-A01 1 i -t I '" i! ;"~'
Enclosed please find two (2) copies of the above referenced document stamped "Original".
Please have both documents executed by an individual with signature authority on behalf of
your organization and return both originals to my attention within two (2) working weeks. If
applicable, and not previously submitted, a Certificate of Insurance reflecting the required
coverage(s) as well as documentation to demonstrate official delegation of signature authority
up to the contract monetary limits should also be provided with the executed documents. Any
delays in the return of the documents may jeopardize the availability of funding. A fully
executed original will be returned to you for your files upon execution by the South Florida
Water Management District (District).
Your cooperation and timely response will be greatly appreciated. Note that this document is not
binding on the parties until it is approved by the appropriate level of authority within the District
and executed by both parties. Should there be any questions, or if you require any additional
information, please do not hesitate to contact me.
Sincerely,
~ ~
Sharman Rose
Contract Specialist
Procurement Department
shrose@sfwmd.gov
(561) 682-2167
FAX: (561) 682-5624
SR/kr
Enclosure
3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045
Mailing Address: P.O. Box 24680. West Palm Beach. FL 33416-4680 . www.sfwmd.gov
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@cLboynton-beach.f1.us
www.boynton-beach.org
April 10, 2009
SHARMAN ROSE
CONTRACT SPECIALIST
PROCUREMENT DEPARTMENT
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
3301 GUN CLUB ROAD
WEST PALM BEACH FL 33406
Re: Amendment # 1 to CONTRACT NO. 4600001652 - FY2009 Alternative
Water SUDDlv
Dear Ms. Rose:
Pursuant to your instructions, attached please find two original amendments in
connection with the project as described above. Once the documents have been fully
executed, please return one original to me for filing in the City's Central File.
If I can be of any additional service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
~1n.~
net M. Prainito, CMC
City Clerk
Attachments
c: Kofi Boateng
S:\CC\WP\AFrER COMMISSION\Other Transmittal Letters After Commission\2009\SFWMD CONTRACT 460001652 FY2009 Alterntive Water Supply
Ammendment # l.doc
America's Gateway to the Gulfstream
8
U SOUTH FLORIDA WATER MANAGEMENT DISTRICT
. ,...,-' AMENDMENT
4600001652-AOl
AMENDMENT NO. 01
TO AGREEMENT NO. 4600001652
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF BOYNTON BEACH
This AMENDMENT NO. 01, entered into on , to
that AGREEMENT dated October 1, 2008, between "the Parties," the South Florida Water
Management District (DISTRICT), and City of Boynton Beach (AGENCY)
WITNESSETH THAT:
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the state
funding of the AGREEMENT;
NOW THEREFORE, the DISTRICT and the ENTITY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties.
2. Exhibit "E" of the AGREEMENT is hereby deleted and replaced with Exhibit "E 1"
attached hereto and made a part of the AGREEMENT.
3. This AMENDMENT NO. 01 shall be at no additional cost to the DISTRICT.
4. All other telIDS and conditions of the AGREEMENT, remain unchanged.
Page 1 of2,AmendmentNo.01 to Contract No. 4600001652
-
8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
.,.... AMENDMENT
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby
execute this AMENDMENT NO. 01 on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMENT ApPROVED ~
By: ~._-~.-- \\......SL.
DATE: ::, to\o \0 q k--
IV
CITY OF BOYNTON BEACH
By:
Title:
CITY ArrORNEV
Page 2 of 2, Amendment No. 01 to Contract No. 4600001652
EXHIBIT "E1"
FUNDS AWARDED TO THE ENTITY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING:
Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following:
Federal CFDA State
Program Federal Agency Number CFDA Title Funding Amount Appropriation
Number Category
State Resources A warded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Programs:
Federal CFDA State
Program Federal Agency Number CFDA Title Funding Amount Appropriation
Number Category
State Resources A warded to the Recipient Pursuant to this Al.!xeement Consist of the Following Resources Subject to Section 215.97, F.S.:
Federal State CSF A Title State
Program Federal Agency Fiscal Year Number Or Funding Amount Appropriation
Number Funding Source Description Category
2009 37.066 Water Protection & Sustainablility $248,450
Program
I Total Award I I I
For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA)
[http://12.46.245.173/cfda/cfda.html] and/or the Florida Catalog of State Financial Assistance (CSF A) [http://state.fl.us/fsaa/catalog]. The services/purposes for
which the funds are to be used are included in the Contract scope of services/work. Any match required by the recipient is clearly indicated in the Contract.
Page 1 of 1, Exhibit "E 1" to Agreement No. 4600001652