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HomeMy WebLinkAboutVII (C) Discussion/ Action re: Ocoee/Winter Garden Reclaimed Water Interlocal Agreement Agenda 2-02-99 Item VII C "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER S_SCO VANDERGRIFF Ocoee COMMISSIONERS CITY OF OCOEE DANNY„� o IIOWIA L .-j - 150 N.LAKES'LORE DRIVE SCOTT ANDERSON Q SCO'El ACLASS p OCOEE, FLORIDA 34761-2258 NANCY J. PARKER of V (407)656-2322 yr �VV1 ,� r ).MANAGER r� OF GOOD♦x ELLIS SIIAPIRO MEMORANDUM DATE: January 27, 1999 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director SUBJECT: Ocoee/Winter Garden Reclaimed Water Interlocal Agreement On July 7, 1998 the City Commission authorized execution of an interlocal agreement between Ocoee and Winter Garden. That document described various conditions and requirements that Ocoee and Winter Garden agreed to adhere to in the construction and operation of the proposed joint reclaimed water project. One of the provisions of the original Agreement called for the City of Ocoee to accept at the Forest Lake golf course, treated effluent from Winter Garden, at a rate of up to 750,000 gallons per day, (GPD) on an average annual daily flow (AADF) basis, and conversely, for Winter Garden to accept up to 750,000 GPD AADF of Ocoee's treated effluent into the Winter Garden effluent disposal ponds. As part of ongoing discussions with FDEP regarding permit conditions, FDEP requested that the 750,000 GPD AADF amount be reduced to 250,000 GPD AADF, so they can monitor the quality and quantity of Ocoee's effluent which ultimately reaches Lake Apopka. As long as no permit violations occur, Ocoee and Winter Garden can mutually agree to increase this amount in the manner described in Section 10 of the attached agreement. The proposed reduction from 750,000 to 250,000 will not affect the City of Ocoee's ability to maximize the effluent disposal capacity of its various disposal sites, and will still allow Winter Garden to provide the majority of the irrigation for the golf course. This reduction has been discussed with, and has been agreed to by Winter Garden. After execution by Ocoee, Winter Garden will also execute this revised Agreement, and it will then be included in the final submittal to FDEP prior to their issuance of construction permits to both cities. The previously executed Agreement will be superseded by execution of this revised Agreement, as provided in Section 25 on page 10. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Interlocal Agreement Attachment ae-" INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made this _ day of , 1998, by and between the CITY OF WINTER GARDEN, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Winter Garden") and THE CITY OF OCOEE, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Ocoee"), collectively referred to as the "parties." RECITALS WHEREAS, Ocoee owns and operates a 3.0 MGD wastewater treatment system that produces public-access quality effluent; and • WHEREAS, Ocoee owns and operates a reclaimed water system providing reclaimed water to the Forest Oaks Golf Course and is designing and permitting an expansion of its City- wide reclaimed water program; and WHEREAS, Winter Garden owns and operates a wastewater treatment system that produces an advanced secondary effluent that is programmed to be upgraded to public-access quality effluent; and WHEREAS, Winter Garden owns and operates an underdrained rapid infiltration basin (RIB) system with effluent disposal capacity (2.0 MGD); and WHEREAS, Winter Garden and Ocoee desire to establish an agreement under which a regional effluent system will provide an expanded reclaimed water program for Winter Garden and Ocoee and additional wet weather disposal for Ocoee; and WHEREAS,Winter Garden and Ocoee desire to provide cost-effective and timely design and permitting services for the regional reclaimed water program; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is agreed as follows: Section 1 - Incomoration of Recitals The foregoing recitals are true and accurate and are incorporated herein by reference. Section 2 - Purpose The purpose of this Agreement is to facilitate a regional effluent disposal/reclaimed water system that shall be used jointly by the City of Winter Garden 1 0E-253 and the City of Ocoee. The implementation of the regional effluent disposal/reclaimed water system shall result in the reduction of total nutrient loadings into Lake Apopka. The initial phase of the reclaimed water program will allow Winter Garden to dispose public- access quality effluent to the Forest Lake Golf Course. The Forest Lake Golf Course is currently permitted to accept up to 1.0 MGD (average annual) of public-access quality effluent. Ocoee will divert public-access effluent from the Forest Lake Golf Course to the new City-wide reclaimed water storage, pumping, and distribution system. Ocoee's expanded reclaimed water program will provide reclaimed water to residential, commercial and open space along the Clarke Road corridor from S.R. 50 to Ocoee Clarcona Road. Concurrently the City of Ocoee will have access to the underdrained rapid infiltration basin (RIB) system owned by the City of Winter Garden. The City of Ocoee will only use the Winter Garden RIBs during wet weather conditions for disposal of up to .25 MGD (average annual). Ocoee will send wet weather flows up to 1.0 MGD for a maximum of 90 days to the Winter Garden RIB system. The purpose of this Interlocal Agreement is to enable Winter Garden and Ocoee to share effluent disposal facilities and reduce the capital expenditures paid by the respective utility customers. Winter Garden and Ocoee agree to allow either City use of existing continuing engineering/hydrogeological services to implement the design and permitting of the Regional Reclaimed Water Program. Another benefit of the regional concept for effluent disposal/reclaimed water system is to maximize the quantity of public-access quality effluent from both parties that is available for reclaimed water. Implementation of Phase 1 of the Regional Effluent Disposal/Reclaimed Water Program will require the following improvements: Winter Garden shall be responsible for the design. permitting and construction of the following capital improvements: (Within 18 months of the effective date of this agreement): 1. High level chlorination and filtration at the treatment facility or pumping facility. 2. 3,500 feet of 12-inch transmission main from the existing underdrain collection system to the storage and holding pond(s) at the Forest Lakes Golf Course. The cost of design, permitting, and construction of the transmission main shall be divided evenly between Winter Garden and Ocoee. 3. Any other reclaimed water related capital improvements at Winter Garden's treatment facility or RIB system that may be required by the approved Florida Administrative Code as implemented by the Florida Department of Environmental Protection (FDEP). 2 OE-253 Ocoee shall be responsible for the design. permitting and construction of the following capital kris: (Within eighteen months of the effective date of this agreement): 1. Reclaimed water pumping and storage facilities at A.D. Mims Treatment Facility. 2. Reclaimed water distribution system along A.D. Mims Road and Clarke Road. 3. 3,500 feet of 12-inch transmission main from the existing underdrain collection system to the storage and holding pond(s) at the Forest Lakes Golf Course. The cost of design, permitting, and construction of the transmission main shall be divided evenly between Winter Garden and Ocoee. 4. Nutrient reduction capital improvements of the Ocoee Wastewater Treatment Facility to meet advanced-secondary treatment as required by the existing wastewater operating permit issued by FDEP. 5. Any other reclaimed water related capital improvements at Ocoee's treatment facility that may be required by the Florida Administrative Code as implemented by the Florida Department of Environmental Protection (FDEP). Section 3 - Conditions Precedent All rights, obligations and liabilities of Winter Garden and Ocoee under this Agreement shall be subject to the satisfaction of the following conditions precedent: 1. The complete execution of this Interlocal Agreement by Winter Garden and Ocoee. 2. No action, suit, proceeding or official investigation shall have been threatened, announced, or commenced by any person or federal, state or local governmental authority or agency that seeks to enjoin, assess civil or criminal penalties against, assess civil damages against, or obtain any judgment, order or consent decree with respect to either party hereto, in connection with their respective representations and obligations under this Interlocal Agreement. 3. The parties shall exercise good faith and due diligence in satisfying the conditions precedent set forth immediately above. 3 OE-253 Section 4 - Representations of Ocoee. Ocoee makes the following representations to Winter Garden: 1. Ocoee is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry out the governmental functions and operations set forth in this Agreement. 2. Ocoee has the power, authority, and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Ocoee (I) has been duly authorized by the City Commission of the City of Ocoee; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Ocoee, except as otherwise provided herein. Section 5 - Representations of Winter Garden. Winter Garden makes the following representations to Ocoee: 1. Winter Garden is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this Agreement. 2. Winter Garden has the power, authority, and legal right to enter into and perform the obligations set forth in this Agreement, and the execution, delivery and performance hereof by Winter Garden (I) has been duly authorized by the City Council of the City of Winter Garden; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance or security interest upon the assets of Winter Garden, except as otherwise provided herein. Section 6 - Statutory Authority This Agreement shall be considered an Interlocal Agreement pursuant to Chapter 163.01, F. S. A true and correct copy of this Agreement shall be filed with the Clerk of the Circuit Court in Orange County. Section 7 - Effective Date: Commencement of Service: Term of Agreement 1. The effective date of this Agreement shall be the date of the signature of the last party to sign this Agreement (the "Effective Date"). 2. The commencement of service shall occur on March 31, 1999, or on an earlier date mutually agreed to by the parties (the "Commencement Date"). The commencement is, however, contingent upon receipt of all applicable permits from FDEP and OCEPD. A delay in the obtainment of said permits may cause day-for-day time delay in commencement, but in no 4 OE-253 event shall such delay in commencement exceed one (1) year. The Commencement Date under this Agreement may be extended by either party upon thirty (30) days' prior written notice to the other party for a period not-to-exceed one (1) year after March 31, 1999. In the event both parties are unable to obtain all of the required permits by March 31, 1999, then the Commencement Date of this Agreement may be extended only by the mutual agreement of the parties. References to the Commencement Date shall include any extension authorized herein. 3. The term of this Agreement shall be for a period of 10 years beginning on the Commencement Date of this Agreement. Sections 8 - Duties of the Parties Prior to the Commencement Date 1. Prior to the Commencement Date, each party shall acquire all necessary easements and rights-of-way to effectuate the purposes of this Agreement. 2. Each party will cooperate with the other party in obtaining any and all regulatory permits necessary or convenient to the operation of the effluent/reclaimed water disposal system. Each entity is authorized to use any existing professional services contract to complete the design and permitting of the Regional Reclaimed Water Project. 3. Not later than one year after the Commencement Date, Winter Garden shall have completed all identified (Section 3) improvements and infrastructures that Winter Garden is responsible to complete, including, but not limited to, pipelines and disinfection improvements excluding those improvements and infrastructures required to be provided by Ocoee. 4. Not later than the Commencement Date, Ocoee shall have completed all improvements and infrastructures identified (Section 3) that Ocoee is responsible to complete, including, but not limited to, pipelines, reclaimed water storage and pumping facilities and nutrient reduction treatment. 5. The point of connection between the two systems shall be at a location where the respective facilities boundaries meet, the exact site will be mutually agreed upon at a later date. 6. Winter Garden and Ocoee shall bear all expenses to design, permit and construct improvements and infrastructures as identified in Section 3 respectively necessary to ensure efficient transfer and distribution of treated effluent and reclaimed water pursuant to the terms of this Agreement. 5 OE-253 7. All construction of improvements and infrastructures shall be in accordance with all applicable federal, state, county or municipal laws, ordinances and regulation. 8. The schedule for completion of the capital improvements necessary to implement the proposed Regional Reclaimed Disposal is attached as Exhibit „A„ Section 9 - Wet Weather Canacity. On and after the Commencement Date and during wet weather conditions, Winter Garden agrees to accept advanced-secondary quality effluent from Ocoee in an amount equal to an annual average of 250,000 gallons per day. The Wet Weather Capacity shall remain fixed for each 10 year period of this Interlocal Agreement; the first such period shall begin on the Commencement Date. Winter Garden and Ocoee shall, one (1) year prior to the expiration of each 10 year term, negotiate any adjustments to the Wet Weather Capacity. Such adjustments to the Wet Weather Capacity shall be made only upon mutual agreement of the parties. In the event that the parties fail to adjust the Wet Weather Capacity, the Wet Weather Capacity for the immediately following 10 year period shall remain at its then current level. Section 10 - Reclaimed Water Capacity In order to operate as an integrated effluent disposal system, an operating protocol will be established by the parties that is compatible with the existing effluent system(s) such that both systems may operate as an integrated regional effluent disposal system. An operating protocol shall be established such that both systems may also operate independent of the other. On or after the Commencement Date, Ocoee agrees to accept from Winter Garden up to 250,000 gallons per day annual average public-access level treated effluent ("Maximum Reclaimed Water Capacity") to provide irrigation at the Forest Lakes Golf Course. Winter Garden and Ocoee shall, one (1) year prior to the expiration of each 10 year term, begin negotiations regarding any such adjustment to the Maximum Reclaimed Water Capacity. In the absence of any such adjustment, the Maximum Reclaimed Water Capacity shall remain the same during any subsequent term of this Agreement. Any adjustment to the Maximum Reclaimed Water Capacity shall be made only upon mutual written agreement of the parties. If, during the term of this Agreement, Ocoee is willing and able to accept and Winter Garden is willing and able to provide public-access level treated effluent in excess of the Maximum Reclaimed Water Capacity, then, upon mutual written agreement regarding the additional amount, Ocoee may accept from Winter Garden said additional amount on the same terms and conditions as the Maximum Reclaimed Water Capacity. Ocoee and Winter Garden shall not adjust the Maximum Reclaimed Water Capacity more often than once in a one (1) year period. Section 11 - Indemnification 6 OE-253 1. Ocoee agrees that it will indemnify and hold harmless Winter Garden to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes of action of any kind and/or nature arising out of or connected with Ocoee's management, control, use, operation, maintenance or repair of the reclaimed water distribution facilities provided for hereunder subject to Section 768.28, F. S. Ocoee agrees that it will, at its own expense, defend any and all actions, writs or proceedings which are brought against Winter Garden and which arise out of circumstances set out previously in this paragraph and that it will satisfy, pay and discharge any and all judgments that may be entered against Winter Garden in any such actions or proceedings. 2. Winter Garden agrees that it will indemnify and hold harmless Ocoee to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes of action of any kind and/or nature arising out of or connected with Winter Garden's management, control, use, operation, maintenance or repair of the reclaimed water distribution facilities provided for hereunder subject to Section 768.28, F. S. Winter Garden agrees that it will, at its own expense, defend any and all actions, writs or proceedings which are brought against Ocoee and which arise out of circumstance set out previously in this paragraph, and that it will satisfy, pay and discharge any and all judgments that may be entered against Ocoee in any such actions or proceedings. Section 12 - Notices All notices required pursuant to this Agreement shall be in writing, and shall be delivered to the parties by United States mail, postage prepaid, as follows: Winter Garden Representative City of Winter Garden City Manager 251 W. Plant Street Winter Garden, Florida 34787 Ocoee Representative City of Ocoee City Manager 150 N. Lakeshore Drive Ocoee, Florida 34761 Section 13 - Permits and Approvals The parties agree that the implementation of this Agreement will be subject to the exercise of the regulatory authority by various state and local agencies. Winter Garden and Ocoee agree that each entity will at its own expense obtain and maintain any and all necessary governmental permits and approval for the 7 0E-253 provision of effluent disposal through the underdrained rapid-infiltration basin system and the reclaimed water distribution system. Winter Garden and Ocoee agree each shall use its best efforts to assist in obtaining any such permits or approvals such that a volume of properly treated wastewater can be disposed of on the property consistent with Section 3 hereof; and toward that end, shall execute and consent to the filing of any necessary documents and applications with governmental agencies to accomplish the purposes set forth in this Section. Reporting and Monitoring Winter Garden and Ocoee agree that each entity shall keep a daily log of the total gallons per day of effluent that is applied to the RIB site and the Forest Lake Golf Course. This information shall be transmitted monthly to each party. Each entity shall be responsible for the background groundwater quality and compliance groundwater quality, sampling and reporting as described in the respective operating permits, and shall provide copies of such reports to other city. Enforcement. A default by either party under this Agreement shall entitle the other party to all remedies available at law or in equity, including, but not limited to the right of damages, injunctive relief and specific performance. Section 14 - Notice Any notice or document required or permitted to be delivered under this Agreement or the easement to be granted hereunder shall be in writing and shall be deemed delivered at the earlier of 1) the date received, or 2) three (3) business days after the date deposited in a United States Postal Service depository, postage prepaid, registered or certified mail, return receipt requested. Section 15 - Nonwaiver Failure by either party to demand compliance with a provision of this Agreement will not constitute a waiver of that party's right to demand compliance with the provision thereafter. Section 16 - Governing Law, This Agreement shall be governed, construed, and controlled in accordance with the laws and rules of the State of Florida. Section 17 - Recordation Upon execution of this Agreement, Winter Garden and Ocoee shall have the right to record this Agreement in the Public Records of Orange County, Florida, at their respective expense. Section 18 - Time of the Essence Time is hereby declared to be of the essence to this contract. Section 19 - Term/ModificationsfRenewal 8 0E-253 1. This Agreement shall expire 10 years from the commencement date. 2. If for any reason during the term of this Agreement, any local, district, state or federal governments or agencies shall fail or refuse to issue necessary permits, grant necessary approvals, or shall require any change in the operation of the treatment plant, treated wastewater lines, irrigation facilities, or the application and use of treated wastewater, then to the extent that such requirements shall affect the ability of either party to perform any of the terms of this Agreement, the affected party shall be excused from the performance thereof. In such case, the parties shall attempt in good faith to modify this Agreement to make it conform with the terms of such required changes. Additionally, the parties to this Agreement shall be excused from performing under this Agreement during such time as prevented by act of God. 3. This Agreement may be modified or the expiration extended at any time, by mutual written consent of the parties. 4. This Agreement may be extended or renewed at the option of either party for at least 3 additional 10 year terms as follows: a. Between the 24th month and the 18th month prior to the expiration date, either party may mail a Notice of Intention to Renew Effluent Agreement to the other party by CERTIFIED MAIL to the address set forth beneath the signature line, hereinbelow. Upon timely mailing and receipt of such notice, the parties shall commence negotiations for a new agreement or for an extension or a renewal of this Agreement. b. If the parties are unable to reach a new agreement, or agree upon the terms for an extension or renewal, by the end of the 12th month prior to the expiration date of this Agreement, either party may invoke arbitration to determine the reasonableness of each party's disputed proposals. The arbitration panel shall consist of three residents of Florida, two of whom shall be selected by the respective parties (one by each party), and the third shall be selected by the other two arbitrators. If the two arbitrators fail to agree upon the third, they shall request that the Presiding Judge for the Circuit Court in and for Orange County, make the selection. The arbitrators shall have power to determine and resolve all disputes under the proposed new agreement, extension or renewal, except for the following: 9 OE-253 (1) Its term, which shall be three years. (2) That the parties may be excused from the minimum or maximum GPDs established by this Agreement. Section 20 - Grant of Easement Winter Garden and Ocoee shall grant an assignable easement over, upon, and under the property described in Exhibit A, that shall run concurrently with the term of this Agreement, for the purpose of: 1. Installing and/or modifying treated wastewater lines to the existing effluent disposal facilities; 2. Transmitting treated wastewater that meets the Florida Department of Environmental Protection standards both as to the quality of such wastewater and as to the amount of wastewater than can be discharged onto Winter Garden's property via irrigation facilities and/or RIBS as they are currently permitting or may be permitted and constructed in the future; 3. Detaining, retaining and storing treated wastewater in the RIBS system when and if constructed and permitted for such use; and 4. Maintaining and operating the irrigation facilities as appropriate to allow the discharge of treated wastewater onto the property and into the RIBS. Section 21 - Severability. If any section, subsection, sentence, clause, phrase or portion of this Agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding, and such holding shall not affect the validity of the remaining portions hereof. Section 22 - Attorney's Fees In the event of any litigation hereunder to enforce or construe the terms of this Agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred in such action. Section 23 - Successors and Assigns This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Section 24 - Applicable Law The lawi of the State of Florida shall govern the validity, interpretation, construction and performance of this Agreement. Venue for any suit involving this Agreement shall be in Orange County, Florida. Section 25 -Entire Agreement This is the entire Agreement between the parties, covering everything agreed upon or understood in the transaction, and supersedes all previous letters, correspondence, drafts, and other agreements or documents on the same subject. 10 0E-253 There are no oral promises, conditions, representations, understandings, interpretations, or terms of any kind as conditions or inducements to the execution hereof in effect between the parties. No change or addition is to be made to this Agreement, except by written agreement executed by the parties. IN WITNESS WHEREOF, the parties have set their hands and seals on the dates below stated. Attest: CITY OF WINTER GARDEN By: CITY CLERK MAYOR Dated: Attest: CITY OF OCOEE By: CITY CLERK MAYOR Dated: FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY this day of , 1998 FOLEY & LARDNER By: City Attorney 11 0E-253 Exhibit "A" The following schedule is planned to implement the Regional Reclaimed/Effluent Disposal System as agreed between the Cities of Winter Garden and Ocoee. Project Completion Date 1. 3,500 feet of interconnecting force January 1999 main 2. Reclaimed water storage and March 1999 pumping facility at Ocoee WWTF 3. Alum treatment facility at Ocoee March 1999 WWTF Reclaimed Water 4. Distribution System along A.D. March 1999 Mims Road and Clarke Road 5. Chlorination and filtration facilities at March 1999 Winter Garden Treatment Facility • 12 OE-253