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HomeMy WebLinkAboutVII(A) Authorization For Mayor And City Clerk To Execute Interlocal Agreement With Winter Garden For Preparation Of A Regional Reuse Master Plan Agenda 9-05-2000 Item VII A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" __MAYORS COMMISSIONER ' COcoee S.SCOTT VANDERGRIFT CITY OF OCOEE DANNY HOWELL 150 N.LAKESHORE DRIVESCOTT ANDERSON OCOEE,FLORIDA34761-2258 RUSTY JOHNSON(407)656-2322NANCYJ.PARKER CITY MANAGER ELLIS SHAPIRO MEMORANDUM DATE: August 10, 2000 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director , SUBJECT: Interlocal Agreement for Regional Reuse Master Plan 1 On October 5, 1999 the Ocoee City Commission authorized PEC to begin work on preparation of a Regional Reuse Master Plan for a fee of $75,500, and also authorized the execution of a cost share agreement between Ocoee and the St. John's River Water Management District for the development of the Regional Reuse Master Plan. In that agreement, the District agreed to pay the City up to 50% of the total cost of developing the plan, in an amount not to exceed $37,500. At the same time we were talking to the District about their participation in this plan, we were also talking to representatives of Winter Garden, with the intent that the plan. address reclaimed water issues for both Ocoee and Winter Garden. This inter- governmental cooperation is the reason the District agreed to fund a portion of the plan. The Interlocal Agreement before you tonight provides that Ocoee and Winter Garden are each responsible for up to $19,000 of the cost of preparing the plan. The Interlocal Agreement was executed by Winter Garden on July 27, 2000, and as authorized by the City Commission on October 5, 1999, preparation of the Regional Reuse Master Plan is underway. The final action needed is for Ocoee to execute the Interlocal Agreement. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Interlocal Agreement between Ocoee and Winter Garden for preparation of a Regional Reuse Master Plan. 0lz- • Pi'otectElOpe'S'.WaterResoyrces rov INTER a - U CITY OF WINTER GARDEN ,_ OFFICE OF THE CITY CLERK ' '� :- a. '00''�" TEIGARDE RA1787 FS'' 1�' TEL: (407) 656-4111 •FAX(407)656-4952 �`RusiIEU•, July 31, 2000 Ms. Jean Grafton City Clerk City of Ocoee 150 N. Lakeshore Drive Ocoee,FL 34761 RE: INTERLOCAL AGREEMENT Dear Jean: Enclosed are two originals of the agreement executed by the City of Winter Garden. After execution by Mayor Vandegrift,would you please return one original for our files? Thanks so much. Sincerely, aid , Nancy Williams Deputy City Clerk NW/Enclosure INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made this day of , 2000, 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." t, RECITALS WHEREAS, Ocoee owns and operates a 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 has designed and permitted an expansion of that system to a City-wide reclaimed water program; and WHEREAS, Winter Garden owns and operates a wastewater treatment system that produces an advanced secondary effluent and is currently being upgraded to produce public-access quality effluent; and • WHEREAS, the Parties have each previously performed limited reuse feasibility studies within their respective utility service areas; and WHEREAS, the Parties have previously discussed with representatives of the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District (the District) the benefits that may be derived through the development of a Regional Reuse Master Plan; and WHEREAS, a Regional Reuse Master Plan would allow for shared capital costs for effluent disposal with resultant savings to each individual Party; and WHEREAS, the Parties have agreed that it would be most efficient for,Ocoee to act as lead agency in the preparation of a Regional Reuse Master Plan; and WHEREAS, THE Parties have agreed that the cost of preparation of the Regional Reuse Master Plan shall be shared equally between them; and WHEREAS, Ocoee and the District have entered into a Cost Share Agreement (the District Agreement) for development of a Reuse Master Plan dated October 13, 1999; and 1 WHEREAS,-the Cost Share Agreement provides that the District will contribute up to 50% of the cost of preparation- of a Regional Reuse Master Plan, not to exceed • $37,500.00; and WHEREAS, Ocoee has entered into an Agreement dated October 5, 1999 with Professional Engineering Consultants, Inc. (the PEC Agreement) for engineering services required for the preparation of a Regional Reuse Master Plan for a not-to- exceed fee of $75,500.00; and NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: Section 1 — Incorporation 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 preparation of a Regional Reuse Master Plan. Section 3 — Regional Reuse Master Plan Area. The Regional Reuse Master Plan shall incorporate portions of both the City of Ocoee and the City of Winter Garden. Section 4 — Regional Reuse Master Plan Preparation. Professional Engineering Consultants, Inc., in cooperation with Boyle Engineering and Andreyev Engineering shall prepare a Regional Reuse Master Plan in accordance with the PEC Agreement. 1. In order to best serve both cities, PEC will complete engineering services primarily for those tasks pertaining to the City of Ocoee, Boyle Engineering for those tasks pertaining to the City of Winter Garden, and Andreyev Engineering for hydrogeological support for both cities. 2. The Regional Reuse Master Plan area shall specifically exclude those areas in each city that have been previously studied for each city's prior Reuse Feasibility Study. Section 5 — Payment. 1. Progress payment applications submitted by PEC shall be approved by both Parties prior to payment being made, which approval shall not be unreasonably withheld. 2. Ocoee and Winter Garden each shall be responsible for up to but not to exceed $19,000.00. 2 • Section 6 — 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 arld 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 of security interest upon the assets of Ocoee, except as otherwise provided herein. Section 7 — 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 out 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 of security interest upon the assets of Winter Garden, except as otherwise provided herein. Section 8 — 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, Florida. Section 9 — Effective Date: 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 term of this Agreement shall be for a period of 5 years beginning on the Commencement Date of this Agreement. Section 10 — 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: 3 Winter Garden Representative City of Winter Garden City Manager 251 West Plant Street Winter Garden, Florida 34787 Ocoee Representative City of Ocoee City Manager 150 North Lakeshore Drive Ocoee, Florida 34761 Section 11 — Notice. Any notice or document required or permitted to be delivered under this Agreement 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 12 — 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 13 — Governing Law. This Agreement shall be governed, construed, and controlled in accordance with the laws and rules of the State of Florida. Section 14 — Recordation. Upon execution of this Agreement, the Parties shall have the right to record this Agreement in the Public Records of Orange County, Florida, at their respective expense. Section 15 — Time of the Essence. Time is hereby declared to be of the essence to this contract. Section 16 —Term/Modifications/Renewal. 1. This Agreement shall expire 5 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 or grant necessary approvals, 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 4 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. Section 17 — 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 18 — 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 19 — 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 20 — Applicable Law. The laws 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 21 — 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. 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. Attes : CITY OF WINT GARD By: CITY CL AYOR Pro-Tem Dated: b41 02 7 2.DW 5 J Attest: CITY OF OCOEE By: CITY CLERK MAYOR Dated: FOR USE AN RELIANCE ONLY BY THE APPROVED BY OCOEE CITY CITY OF OCOEE, FLORIDA. APPROVED COMMISSION IN A MEETING HELD ON AS TO FORM AND LEGALITY this , 2000 UNDER DAY OF , 2000 AGENDA ITEM NO. FOLEY & LARDNER By: City Attorney 6