HomeMy WebLinkAboutItem 10 Consideration of The City of Ocoee's Participation in the Master Stormwater Plan Pursuant to the Wekiva Parkway and Protection Act center of Good Lf
AGENDA ITEM COVER SHEET
Meeting Date: June 21, 2005
Item # 1Q
Reviewed By:
Contact Name: David A. Wheeler Department Director:
Contact Number: 407-905-3100, ext. 1504 City Manager: /174°
Subject: The City of Ocoee's Participation In The Master Stormwater Management Plan Pursuant To The
Wekiva Parkway and Protection Act
Background Summary:
As a part of the development of a Master Stormwater Management Plan Pursuant To The Wekiva Parkway and Protection Act
the St. Johns River Water Management District proposed to joint venture with all government entities to meet the
requirements of the Act. The other alternative would be for each government entity to prepare their own Stormwater
Management Plan. The estimated cost for the Master Stormwater Plan is estimated to cost $223,000, with Ocoee's share
projected at $6,500. Each government entity located totally or partially within the Wekiva Parkway and Protection Act
boundary is sharing the cost.
Issue:
Authorization by the City Commission for the Mayor and City Clerk to execute the Revenue Agreement between the St. Johns
River Water Management District and the City of Ocoee for the development of a Master Stormwater Management Plan
Pursuant to The Wekiva Parkway and Protection Act and to direct staff to work with the District in the development of this
plan for the betterment of Ocoee and the Wekiva River Basin.
Recommendations:
The Engineering and Public Works staff recommends the City Commission authorize the Mayor and City Clerk to execute the
Revenue Agreement between the St. Johns River Water Management District and the City of Ocoee for the development of a
Master Stormwater Management Plan Pursuant To The Wekiva Parkway and Protection Act with the City's share of this Plan
set at$6,500.
Attachments:
Revenue Agreement Between the St. Johns River Water Management District and The City Of Ocoee For Development Of A
Master Stormwater Management Plan Pursuant To The Wekiva Parkway and Protection Act.
Financial Impact:
The funds to pay for the City's share of the costs will come from the Stormwater Operating Contingency Funds with a current
balance of$30,000.
Type of Item: (please mark with an ax")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading X Consent Agenda
Resolution Public Hearing
Commission Approval Regular Agenda
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney ��� N/A
Reviewed by Finance Dept. N/A
Reviewed by ( ) N/A
Mayor cantex of Good L1 Commissioners
S. Scott Vandergrift Danny Howell, District 1
Scott Anderson, District 2
City Manager Rusty Johnson, District 3
Robert Frank t -- Nancy J. Parker, District 4
STAFF REPORT
TO: The Honorable Mayor and City Commissioners
FROM: David A. Wheeler, P.E., City Engineer
DATE: June 13, 2005
RE: The City of Ocoee's Participation In The Master Stormwater Management Plan
Pursuant To The Wekiva Parkway and Protection Act
ISSUE
Should the Honorable Mayor and City Commissioners approve $6,500 from Stormwater Operating Fund
contingency to pay City's fair share of the cost of the stormwater master plan for the Wekiva Parkway and
protection act.
BACKGROUND/DISCUSSION
The State Legislature enacted the Wekiva Parkway and Protection Act during the 2004 session. The Wekiva
Parkway and Protection Act is designed to protect the surface and groundwater resources within the Springshed
of the Wekiva River system, while also guiding the design of the transportation corridor known as the Wekiva
Parkway. The Act includes a requirement for the local governments to develop stormwater master plans and to
amend their Comprehensive Plans to implement stormwater plans.
The District staff coordinated with the local governments within the Wekiva Springshed, and the majority of the
entities have indicated that they would prefer to complete a regional stormwater master plan rather then each
embarking on their own master planning effort. The local governments included in this effort are the Cities of
Altamonte Springs, Apopka, Eatonville, Eustis, Lake Mary, Longwood, Mount Dora, Ocoee, Orlando, and
Winter Garden; Town of Oakland; Lake County, Seminole County, Orange County, and the Water Management
District.
The Total cost of the Master Stormwater Plan is estimate to be $223,000. Ocoee's share of this project is
projected to be only $6,500. The Water Management District is contributing $75,000 to the project. The
remainder of the monies will come from the other government entities. It is estimated that if Ocoee were to
prepare its own Stormwater Plan to meet the Wekiva Act it would cost $50,000 or more. Therefore staff
believes that it would be prudent to participate in the Master Stormwater Plan and share cost and information.
Staff has attended all meetings to date and has furnished the asked for data to the District's consultant.
RECOMMENDATION
Staff respectfully requests the Honorable Mayor and City Commission to approve $6,500 from Stormwater
Operating Stormwater Fund Contingency to pay City's fair share of the costs and authorize the Mayor and City
Clerk to execute the Revenue Agreement.
Contract#SI460XA
REVENUE AGREEMENT BETWEEN
THE ST.JOHNS RIVER WATER MANAGEMENT DISTRICT
AND THE CITY OF OCOEE FOR DEVELOPMENT OF
MASTER STORMWATER MANAGEMENT PLAN PURSUANT TO THE
WEKIVA PARKWAY AND PROTECTION ACT
THIS Agreement is entered into by and between the GOVERNING BOARD of the ST. JOHNS
RIVER WATER MANAGEMENT DISTRICT ("the District"), whose address is 4049 Reid Street,
Palatka, Florida 32177, and the CITY OF OCOEE ("the City"), whose address is 150 N. Lakeshore
Drive, Ocoee,Florida 34761.
WITNESSETH THAT:
WHEREAS, the District is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373, Fla. Stat., whose geographical boundaries
encompass the City of Ocoee; and
WHEREAS, in 2004 the Florida Legislature enacted the Wekiva Parkway and Protection Act
("the Wekiva Act"),codified as sections 369.314—369.324, Fla. Stat.; and
WHEREAS, pursuant to the Wekiva Act each local government within the Wekiva Study Area,
as defined therein, is required to develop a master stormwater management plan, as provided in section
369.319,Fla. Stat.; and
WHEREAS, the local governments subject to the Wekiva Act have agreed that the objectives of
the Wekiva Act can be accomplished most expeditiously and efficiently by pooling their resources in
developing a master stormwater management plan that addresses the requirements of all of the local
governments subject to the Wekiva Act; and
WHEREAS, the District wishes to assist these local governments in development of the master
stormwater management plan by administering the contract for its development; and
WHEREAS, the District is already administering an annual contract for multi-disciplinary
professional engineering services; and
WHEREAS,the District will accomplish the work for this project in a cooperative effort with the
City through a work order issued to a third-party Consultant; and
WHEREAS, the District and the City have determined that it is in the public interest for the
District to administer the work for this project.
NOW THEREFORE, and in consideration of the above premises, which are hereby made a part
of this Agreement, and the mutual covenants, terms and conditions herein contained, the District and the
City, each intending to be legally bound, agree as follows:
ARTICLE I - TERM,SCHEDULE AND TIME OF PERFORMANCE
Term. The term of this Agreement shall be from the Effective Date to the Completion Date.
1. Effective Date. The Effective Date of this Agreement shall be the date upon which the last
party to this Agreement has dated and executed the same; provided, however, that in the
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event a date other than the aforesaid is set forth below in this section, that date shall be the
Effective Date.
2. Completion Date. The Completion Date of this Agreement shall be no later than
September 30, 2005, unless extended by mutual written agreement of the parties. All Work
under this Agreement shall be completed for use no later than the Completion Date.
ARTICLE II - STATEMENT OF WORK
The work to be performed pursuant to the Agreement is specified in the attached Statement of Work
(Exhibit A) and Attachment #1 (Wekiva Parkway and Protection Act Master Stormwater Management
Plan Draft,January 2005).
ARTICLE III - COMPENSATION
A. Funding. Through this Agreement, the City agrees to pay $6,500 to the District for the Wekiva
Parkway and Protection Act Master Stormwater Management Plan ("the Plan"), as described
above. The District shall contribute $75,000 to its development.
B. Invoicing Procedure. The District shall invoice the City in the amount of$6,500 within thirty
(30)days of the effective date of this Agreement.
C. Payments.The City shall pay the District one hundred percent(100%)of this invoice pursuant to
chapter 218, Fla. Stat., as amended,within thirty(30) days of receipt of an approved invoice from
the District.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to this Agreement is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party, its officers and employees, acting
within the scope of employment. In addition, each party is subject to the provisions of section
768.28, Fla. Stat., as amended. Neither this provision nor any other provision of this Agreement
shall be construed as a waiver of sovereign immunity by either party.
B. Each party shall also acquire and maintain throughout the term of this Agreement such general
liability, automobile insurance, and workers' compensation insurance as required by their current
rules and regulations.
ARTICLE V - PROJECT MANAGEMENT
A. Project Managers.The project managers shall be responsible for overall coordination, oversight,
and management of the Work. The parties agree to the following persons being designated as
project manager:
DISTRICT CITY
Mary Brabham,Project Manager David Wheeler,Project Manager
St.Johns River Water Management District City of Ocoee.
975 Keller Road 150 N. Lakeshore Drive
Altamonte Springs, Florida 32714-1618 Ocoee,Florida 34761
407-659-4829 407-905-3100
E-mail: mbrabham@sjrwmd.com E-mail: dwheeler@ci.ocoee.fl.us
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Contract#SI460XA
B. District Project Manager. The District's Project Manager shall be available to the City to
respond to questions regarding the project. The District's Project Manager shall keep the City
informed as to the progress of the project and any issues requiring a decision by the City and
provide the City reasonable opportunities to review and comment upon the work. The District
shall be solely responsible for obtaining, managing, and directing the work of its Consultant in
completing the work. The District shall provide the City with a copy of deliverables, including
quarterly and annual reports prepared by its Consultant regarding the work.
C. Change in Project Manager. Either party to this Agreement may change its project manager by
providing not less than three (3) working days prior written notice of the change to the other
Party.
ARTICLE VI - TERIYIINATIONS
A. This Agreement may be terminated in whole or in part in writing by either party in the event of
substantial failure by the other party to fulfill its obligations under this Agreement through no
fault of the terminating party, provided that no termination may be effected unless the other party
is given: (1) not less than thirty (30) calendar days written notice delivered by certified mail,
return receipt requested, and (2) an opportunity for consultation with the other party prior to
termination. Upon termination, both parties shall enter negotiations to determine an equitable
settlement for payment of all appropriate services, materials, and costs and provide
reimbursement to the City of the appropriate unexpended amount.
ARTICLE VII - MISCELLANEOUS PROVISIONS
A. Assignment and Subcontracts. The District shall subcontract the work required for this
Agreement through an issuance of a separate contract to a third-party consultant. This Agreement
is not assignable by either party without the written consent and agreement of both parties.
B. Interest of City. The City certifies that no officer, agent, or employee of the City has any
material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business
to be conducted hereby, and that no such person shall have any such interest at any time during
the term of this Agreement.
C. Interest of District. The District certifies that no officer, agent, or employee of the District has
any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the
business to be conducted hereby, and that no such person shall have any such interest at any time
during the term of this Agreement.
D. Civil Rights. Pursuant to Chapter 760, Fla. Stat., the District shall not discriminate against any
employee or applicant for employment because of race, color, religion, sex, or national origin,
age,handicap, or marital status.
E. Audit: Access to Records. Each party agrees that either party or its duly authorized
representatives shall, until the expiration of three (3) years after expenditure of funds hereunder,
have access to examine any books, documents, papers, and other records involving transactions
related to this Agreement. The District shall preserve all such records for a period of not less than
three (3) years. Payment(s) made hereunder shall be reduced for amounts charged that are found
on the basis of audit examination not to constitute allowable costs. The District shall refund any
such reduction of payments. All required records shall be maintained until an audit has been
completed and all questions arising from it are resolved. The District will provide proper
facilities for access to and inspection of all required records.
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F. Release of Information. Records of the parties that are made or received in the course of
performance of the Work may be public records that are subject to the requirements of chapter
119, Fla. Stat. In the event a party receives a request for any such records, the receiving party
shall notify the other party's project manager within three workdays of receipt of such request
Each party reserves the right to cancel this Agreement for refusal by the other party to allow
public access to all documents, papers, letters, or other material related hereto and subject to the
provisions of chapter 119,Fla. Stat., as amended.
G. Dispute Resolution. The parties have the mutual obligation to seek clarification and resolution of
any issue, discrepancy, misunderstanding, or dispute arising from questions concerning
interpretation or acceptable fulfillment of this Agreement. The project managers will diligently
seek to resolve all matters of dispute. In the event any such disputes cannot be resolved by the
project managers, each party will defer resolution to its respective department director for
resolution.
H. Governing Law. This Agreement shall be construed and interpreted according to the laws of the
state of Florida.
I. Venue. In the event of any legal proceedings arising from or related to this Agreement, venue for
such proceedings, if in state court, shall be in Orange County, Florida, and if in federal court,
shall be in the Middle District of Florida,Orlando Division.
J. Attorney's Fees.In the event of any legal or administrative proceedings arising from or related to
this Agreement, including appeals, each party shall bear its own attorney's fees.
K. Waiver of Right to Jury Trial. In the event of any civil proceedings arising from or related to
this Agreement, the parties hereby agree to trial by the court and waive the right to seek a jury
trial in such proceedings.
L. Conflicting Provisions. If any provision hereof is found to be in conflict with the General
Conditions, Special Conditions, or any attachments hereto, the terms in the body of this
Agreement shall prevail.
M. Construction of Agreement. This Agreement shall not be construed more strictly against one
party than against the other merely by virtue of the fact that it may have been prepared by counsel
for one of the parties, it being recognized that both parties, have contributed substantially and
materially to the preparation hereof.
N. Entire Agreement. This Agreement, upon execution by the City and the District, constitutes the
entire agreement of the parties. The parties are not bound by any stipulations, representations,
agreements, or promises, oral or otherwise, not printed or inserted herein. The City agrees that no
representations have been made by the District to induce the City to enter into this Agreement
other than as expressly stated herein. This Agreement cannot be changed orally or by any means
other than written amendments referencing this Agreement and signed by all parties.
O. Separate Counterparts. This Agreement may be executed in separate counterparts, which shall
not affect its validity.
IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this
Agreement to be executed on the day and year written below in its name by its Executive Director, and the
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City of Ocoee has caused this Agreement to be executed on the day and year written below in its name by its
duly authorized representatives,and, if appropriate,has caused the seal of the corporation to be attached.
ST.JOHNS RIVER WATER CITY OF OCOEE
MANAGEMENT DISTRICT
By: By:
Kirby B. Green III, Executive Director
Typed Name and Title
Date: Date:
APPROVED BY THE OFFICE
OF GENERAL COUNSEL
Attest:
Stanley J.Niego, Sr.Assistant General Counsel Typed Name and Title
Attachments: Exhibit"A"—Statement of Work
Attachment#1 —Wekiva Parkway and Protection Act Support Master
Stormwater Management Plan Draft,January 2005
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Contract#SI460XA
EXHIBIT"A"-STATEMENT OF WORK
REVENUE AGREEMENT WITH THE CITY OF OCOEE FOR DEVELOPMENT OF
MASTER STORMWATER MANAGEMENT PLAN PURSUANT TO THE
WEKIVA PARKWAY AND PROTECTION ACT
I. INTRODUCTIONBACKGROUND
The State Legislature enacted the Wekiva Parkway and Protection Act during the 2004 session. The
Wekiva Parkway and Protection Act is designed to protect the surface and groundwater resources within
the springshed of the Wekiva River System, while also guiding the design of the transportation corridor
known as the Wekiva Parkway. The Act includes a requirement for the local governments to develop
stormwater master plans and to amend their comprehensive plans to implement stormwater plans.
District staff has coordinated with the local governments within the Wekiva Springshed, and the majority
of the entities have indicated that they would prefer to complete a regional stormwater master plan rather
than each embarking on their own master planning effort. Therefore, the District will issue a work order
to its annual engineering consultant to develop a Master Stormwater Management Plan that coordinates
the efforts of the local governments.
II. OBJECTIVES
The purpose of this revenue agreement is to develop a mutual agreement between the City of Ocoee and
the District for the Wekiva Parkway and Protection Act Support Master Stormwater Management Plan.
The City of Ocoee will provide $6,500 to the District for development of the Plan. The District will issue
a work order for this work through its annual engineering services contract.
III. SCOPE OF WORK and TASK IDENTIFICATION
The scope of work and tasks for the engineering services to be accomplished by the District's engineering
consultant are outlined in the Wekiva Parkway and Protection Act Support Master Stormwater
Management Plan Draft dated January 2005,attached hereto as Attachment#1.
V. TIME FRAMES AND DELIVERABLES
The goal is to complete the work identified in Attachment #1 by September 30, 2005. Deliverables
identified in Attachment #1 shall be provided to the District and City by the District's engineering
consultant.
VI. CONTRACT BUDGET
The budget for this revenue contract is $6,500. A specific budget for each of the tasks listed in
Attachment #1 will be finalized under the work order authorizing the work by the District's engineering
consultant. The City's funding, along with District funding in the amount of$75,000, and funding from
other local governments (approximately $141,500), to be provided to the District via separate revenue
agreements and/or purchase orders, will be utilized to fund the work order with the District's engineering
consultant. The total amount of funding available(from all sources) is estimated to be$223,000. Table 1
in Attachment #1 represents the consultant's estimated total project cost summary for the work
($217,739).
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Contract#SI460XA
Attachment#1
(see following pages 1 —9)
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APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS TO FORM ON , 2005.
this day of , 2005 UNDER AGENDA ITEM NO.
FOLEY & LARDNER, LLP
By:
City Attorney