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LAKE COUNTY WATER AUTHORITY
STORMWATER GRANT PROGRAM
AGREEMENT TO FUND CLERMONT'S DISSTON AVENUE STORMWATER
IMPROVEMENT
THE AGREEMENT is entered into between the LAKE COUNTY WATER AUTHORITY,
whose address is 107 N. Lake Avenue, Tavares, FL 32778 -3119 (hereinafter referred to as the
"Authority ") and CLERMONT, whose address is P. O. Box 120219, Clermont, Florida, 34712-
0219, (hereinafter referred to as "Grantee" or "Recipient "), a local government, to provide
financial assistance for the Master Stormwater Facility.
WITNESSETH:
WHEREAS, the Authority, is authorized and governed by Chapter 2005 -314, Laws of
Florida, for the purposes, among others, of controlling and conserving the fresh water resources
of Lake County and preserving, protecting, and improving the fish and aquatic wildlife of the
county, and protecting the freshwater resources by assisting local governments in the treatment
of stormwater runoff, and
WHEREAS, the reduction and ultimate elimination of untreated stormwater into our
public waterways will ultimately benefit the ecology of our waterways and the residents and
tourists that use them, and
WHEREAS, it is desirable for the Authority to assist the local governments of Lake
County in a coordinated effort through the provision of grant funds to reduce the influx of
untreated stormwater into the publicly owned waterways of Lake County, and
WHEREAS, the project consists of construction of an infiltration system to treat a 11.6
acre drainage area encompassing a portion of the Imperial Terrace Subdivision, hereinafter
referred to as the "PROJECT "; and
WHEREAS, the Authority considers the PROJECT worthwhile and desires to assist
Grantee in funding the PROJECT, and
NOW, THEREFORE, the Authority and Grantee, in consideration of the mutual terms,
covenants and conditions set forth herein, agree as follows:
In consideration of the mutual benefits to be derived here from, the Authority and the
Grantee do hereby agree as follows:
1. The Grantee does hereby agree to perform in accordance with the terms and conditions
set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and
exhibits named herein which are attached hereto and incorporated by reference. For
purposes of this Agreement, the terms "Contract" and "Agreement" and the terms
"Grantee ", "Recipient" and "Contractor ", are used interchangeably.
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RECEIVED
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2. This Agreement shall begin upon execution by both parties and end no later than twenty -
four (24) months, inclusive. The Grantee shall not be eligible for reimbursement for
work performed prior to the execution date of this Agreement. This Agreement may be
amended to provide for additional services if additional funding is made available by the
Authority.
3. A. As consideration for the services rendered by the Grantee under the terms of this
Agreement, the Authority shall pay the Grantee on a cost reimbursement basis in
an amount not to exceed $221,275 (Two Hundred Twenty -One Thousand Two
Hundred Seventy -Five Dollars), or 50% (Fifty Percent), for the water quality
enhancement portion of the PROJECT as identified in Attachment A, Grant
Work Plan. The parties hereto agree that the Grantee is responsible for providing
a minimum match of $221,275 (Two Hundred Twenty -One Thousand Two
Hundred Seventy -Five Dollars), or 50% (Fifty Percent) toward the project
described in Attachment A. If the Grantee finds, after receipt of competitive
bids, that the work described in Attachment A cannot be accomplished for the
current estimated project cost, the parties hereto agree to modify the Grant Work
Plan described in Attachment A to provide for the work that can be
accomplished for the funding identified above.
(1) Payments are further conditioned on the following:
i. That Grantee pays its pro -rata share of the PROJECT as outlined in this
Agreement;
ii. That Grantee provides the Authority the necessary invoices and other
documentation sufficient to evidence that Grantee has incurred the actual
expense;
iii. That Grantee provides Authority written notification from a person duly
authorized by Grantee to confirm that Grantee has incurred the actual
expense;
(2) If Grantee does not expend its pro -rata share of the cost for the work
performed as set forth in this Agreement, the Authority will make payment
only in an amount proportionate to that which Grantee has made and provides
documentation to the Authority in accordance with this agreement.
a. The Authority reimbursements to Grantee on timely submitted invoices
shall be made to Grantee within thirty (30) days of receipt of an invoice,
with the appropriate support documentation, which shall be submitted to
the Authority at the following address:
LAKE COUNTY WATER AUTHORITY
107 North Lake Avenue
Tavares, Florida 32778
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b. Grantee shall not use any Authority funds for any purposes not
specifically identified in the above Scope of Work.
c. The Authority shall have no obligation to reimburse Grantee for any costs
under this Agreement until construction of the PROJECT has been
completed.
d. The Authority's performance and payment pursuant to this Agreement is
contingent upon the Authority's Board of Trustees appropriating funds for
the PROJECT.
B. Upon completion of the PROJECT, the Grantee shall submit a written payment
request including a final project report containing before and after photographs
and as -built plans to the Authority's Grant Manager. The Grant Manager shall
have thirty (30) calendar days to review the request. The Grantee shall be
reimbursed on a cost reimbursement basis for all eligible project costs in
accordance with Attachment A. In addition to the payment request, the Grantee
must provide from its accounting system, a listing of expenditures made under
this Agreement. The listing shall include, at a minimum, a description of the
goods or services purchased, date of the transaction, voucher number, amount
paid, and vendor name. All requests for reimbursement of travel expenses shall
be in accordance with the travel requirements established in Section 112.061,
Florida Statutes.
C. In addition to the invoicing requirements contained in paragraph 3.B. above, the
Authority may request proof of a transaction such as invoices, payroll register,
etc. When requested, this information must be provided within 30 calendar days
of such request.
4. The Authority's performance and obligation to pay under this Agreement is contingent
upon an annual budget allocation by the Board of Trustees. The parties hereto
understand that this Agreement is not a commitment of future budget allocations.
5. The Grantee shall submit written quarterly progress reports describing the work
performed, problems encountered, problem resolution, schedule updates and proposed
work for the next reporting period. Quarterly reports shall be submitted to the
Authority's Grant Manager no later than twenty (20) days following the completion of
the quarterly reporting period. It is hereby understood and agreed by the parties that the
term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September
30, and December 31. The Authority's Grant Manager shall have ten (10) calendar days
to review deliverables submitted by the Grantee.
6. The Grantee shall recognize the Authority by erecting a sign at the site indicating the
Authority's funding for the project. The Authority's Grant Manager shall review and
approve the sign prior to placement.
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7. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful
acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,
Florida Statutes.
8. The Authority may terminate this Agreement at any time in the event of the failure of the
Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the
Authority shall provide thirty (30) calendar days written notice of its intent to terminate
and shall provide the Grantee an opportunity to consult with the Authority regarding the
reason(s) for termination.
9. This Agreement may be unilaterally canceled by the Authority for refusal by the Grantee
to allow public access to all documents, papers, letters, or other material made or
received by the Grantee in conjunction with this Agreement, unless the records are
exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
10. The Grantee shall maintain books, records and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. The Authority, the State, or their authorized
representatives shall have access to such records for audit purposes during the term of
this Agreement and for five years following Agreement completion. In the event any
work is subcontracted, the Grantee shall similarly require each subcontractor to maintain
and allow access to such records for audit purposes.
11. A. The Grantee may subcontract work under this Agreement without the prior
written consent of the Authority's Grant Manager. The Grantee agrees to be
responsible for the fulfillment of all work elements included in any subcontract
and agrees to be responsible for the payment of all monies due under any
subcontract. It is understood and agreed by the Grantee that the Authority shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract and that the Grantee shall be solely liable to the subcontractor for all
expenses and liabilities incurred under the subcontract.
B. The Authority supports diversity in its procurement program and requests that all
subcontracting opportunities afforded by this Agreement embrace diversity
enthusiastically. The award of subcontracts should reflect the full diversity of the
citizens of the State of Florida.
12. Nothing in this Agreement shall create, or be implied to create, any relationship between
the Authority and any subcontractor of Grantee.
13. Nothing in this Agreement shall be construed to benefit any person or entity not a party to
this Agreement.
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14. The Grantee shall comply with all applicable federal, state and local rules and regulations
in providing services to the Authority under this Agreement. The Grantee acknowledges
that this requirement includes compliance with all applicable federal, state and local
health and safety rules and regulations. The Grantee further agrees to include this
provision in all subcontracts issued as a result of this Agreement.
15. The Authority's Grant Manager for this Agreement is identified below.
Ron Hart
Water Resources Program Manager
Lake County Water Authority
107 North Lake Avenue
Tavares, FL 32778 -3119
Telephone No.: (352) 343 -3777 ext. 24
Fax No.: (352) 343 -4259
E -mail Address: ronh@lcwa.org
16. The Grantee's Grant Manager for this Agreement is identified below.
Tamara Richardson, P. E.
Director of Engineering
City of Clermont
P. 0. Box 120219, Clermont, Florida 34712 -0219
Telephone No.: (352) 241 -7335
Fax No.: (352) 394 -2379
E -Mail Address: TRichardson@clermontfl.org
17. To the extent required by law, the Grantee will be self - insured against, or will secure and
maintain during the life of this Agreement, Workers' Compensation insurance for all of
its employees connected with the work of this project and, in case any work is
subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the Grantee. Such self - insurance program or
insurance coverage shall comply fully with the Florida Workers' Compensation law. In
case any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes, the Grantee shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the Authority, for the
protection of its employees not otherwise protected.
18. The Grantee, as an independent contractor and not an agent, representative, or employee
of the Authority, agrees to carry adequate liability and other appropriate forms of
insurance. The Authority shall have no liability except as specifically provided in this
Agreement.
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•
19. The Grantee covenants that it presently has no interest and shall not acquire any interest
which would conflict in any manner or degree with the performance of services required.
20. The purchase of non - expendable personal property or equipment costing $1,000 or more
is not authorized under the terms of this Agreement.
21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in; be denied the proceeds or
benefits of; or be otherwise subjected to discrimination in performance of this
Agreement.
B. An entity or affiliate who has been placed on the discriminatory vendor list may
not submit a bid on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
a public entity, may not award or perform work as a contractor, supplier,
subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity. The Florida Department of Management
Services is responsible for maintaining the discriminatory vendor list and intends
to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of
Supplier Diversity, at 850/487 -0915.
22. This Agreement represents the entire agreement of the parties. Any alterations,
variations, changes, modifications or waivers of provisions of this Agreement shall only
be valid when they have been reduced to writing, duly signed by each of the parties
hereto, and attached to the original of this Agreement, less otherwise provided herein.
23. The Grantee agrees that the project is not to be used to offset additional stormwater
treatment requirements that may be imposed upon the Grantee as a result of future
redevelopment located within the treatment basin.
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement on the day and year set forth next to their signatures below.
LSE COUN Y WATER AUTHORITY
Q-6101844 or- _
-
By •
Witness LCWA, Executive Director Date
Federal ID #: 59- 6018003
CLERMONT
•
1am4,141# By: ;L�!
Attest Name, Title Date
Federal ID #: 59- 6000290
List of attachments /exhibits included as part of this Agreement:
Specify Letter/
Type Number Description (includes number of pages)
Attachment A Grant Work Plan (8 Pages)
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