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HomeMy WebLinkAboutVII (E) Interlocal Agreement Regarding Reclaimed Water with Apopka and Winter Garden Agenda 4-16-2002 Ilcnt V11 E "CENTER OF GOODLIVING-PRIDE OF WEST ORANGE" MAYOR•LOMMISSIONLR Ocoee S. SCOTT VANDERGRIET CITY OF OCOEE COMMISSIONERS ' o DANNY HOWELL o LSO N. LAKESHORE DRIVE SCOTT ANDERSON OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON n^�� °�U (407) 905-3100 NANCY J. PARKER o�ff GGOG CITY MANAGER JIM GLEASON MEMORANDUM DATE: April 9, 2002 TO: The Honorable Mayor and Board of City Commissioners FROM: James W. Shira, P.E., City Engineer/Utilities Director Q. SUBJECT: Interlocal Agreement Regarding Reclaimed Water Attached for your review and action is a proposed tri-city agreement between Ocoee, Winter Garden and Apopka. This agreement concerns the design of a proposed pipeline that will be constructed along Apopka-Ocoee Road from the area of the current Winter Garden RIB site northward to the vicinity of the Institute of Food and Agricultural Scientists (IFAS) site near the Binion Road / Harmon Road intersection. The pipeline will convey reclaimed water from Ocoee and Winter Garden to the Apopka reclaimed water distribution system. This will provide Ocoee with a long-term wet weather disposal method by using high-recharge areas in the northwest part of Apopka. We have discussed this proposed agreement with representatives of Winter Garden, Apopka, the St Johns River Water Management District and the Florida Department of Environmental Protection. It is anticipated that this design work will cost approximately $370,000 with the cost split among the three participants. Our funding for this project will come from the proceeds of the 1997 utility bond issue. Once the design is complete, a construction cost estimate will be prepared for consideration by all parties. At that point, we will need to determine a source of funding for our portion of the construction. Apopka and Winter Garden have already discussed the construction project with SJRWMD and FDEP representatives, and Apopka has applied to the District for a grant to help fund the construction project. All parties believe that there is a good chance that there will be grant and/or loan funds available for use by all participants to help with the cost of construction. It is important to note POWWWWWWWIr that if Ocoee chooses not to participate in this project, and the existing wet weather discharge to Lake Apopka is curtailed by future legislation or rule, Ocoee has no other potential wet weather discharge site. Our choice at that point would be to either pay our share to join in with Apopka and Winter Garden, or find a several-acre parcel of land on which to dig a very large hole. I recommend that the City Commission authorize the Mayor and City Clerk to execute the attached Interlocal Agreement. JWS/jbw Attachment INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT is made this day of , 2002, by and between the CITY OF WINTER GARDEN, a Florida municipal corporation (hereinafter referred to as "Winter Garden"), the CITY OF APOPKA, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Apopka"), and the CITY OF OCOEE, FLORIDA, a Florida municipal corporation (hereinafter referred to as "Ocoee") collectively referred to as the "°fri-Cities". RECITALS WHEREAS, Winter Garden, Apopka and Ocdee each own and operate a waste water treatment system that produces advanced secondary effluent and public-access quality effluent; and WHEREAS, as a result of growth in population and water demands and as required by the permitting demands of the Florida Department of Environmental Protection (FDEP) and the St. Johns River Water Management District(the District), the Tri-Cities continue to expand the volume of reuse quality effluent; and WHEREAS, Winter Garden currently is supplying reuse quality effluent for irrigation purposes on the Forest Lake Golf Course in Ocoee; and WHEREAS, Winter Garden and Ocoee, did enter into an Interlocal Agreement on September 5, 2000 for the purposes of proceeding forward with the design and study of a Regional Reuse Master Plan; and WHEREAS, in 1985 Apopka began the installation of a water reuse system throughout the city limits and designated a specific corridor for future residential and commercial developments to require the use of reuse water as a way of irrigation; and WHEREAS, Apopka has installed a distribution system for reuse and during the dry season Apopka experiences short-falls in available reuse water and has received permission from the District to supplement the reuse distribution system with augmentation wells; and WHEREAS, the Regional Reuse Master Plan and the demands of reuse water volume show the need for the development of a regional reuse facility that will allow the Tri-Cities to deliver reuse through distribution systems located in Apopka, Ocoee and Winter Garden during both dry and wet weather conditions; and WHEREAS, the upland regions of Apopka may have sufficient percolation capabilities to accept reuse during wet weather conditions as well as dry conditions thereby facilitating efficient regional reuse water distribution and substantially increasing the disposable volume of reuse quality effluent available to the Tri-Cities. The District and the City of Apopka will be conducting a study that will determine the extent of percolation capacity this area will accept; and WHEREAS, the Tri-Cities, in order to facilitate the regional delivery of reuse quality effluent from Winter Garden and Ocoee, need to proceed with the design of a reuse pipeline connection between Winter Garden and Apopka; and WHEREAS, the Tri-Cities hereto have each agreed to contribute to the cost of preparation of the design of the reuse facility pipeline connection ("Reuse Connection") in amount to be determined by the RFP. The amount shall be determined at the conclusion of the RFP analysis as described by this agreement; and NOW, THEREFORE, in consideration of mutual covenants and agreements herein contained the Tri-Cities agree as follows: Section 1 - Incorporation of Recitals. The foregoing recitals arc true and accurate and are incorporated herein by reference. Section 2 - Purpose. The purpose of this Agreement is to facilitate selection of a design professional and actual design of the Reuse Connection. Section 3 - Lead Agency. The lead agency for preparation of the request for proposals (RFP) and selection of the design professional for the Reuse Connection shall be Apopka. Section 4 - Request for Proposals. Apopka shall proceed with development of a RFP format. Upon preparation of an initial draft Apopka shall furnish Winter Garden and Ocoee with such draft for review and comment. Winter Garden and Ocoee shall endeavor to conduct their review in a timely fashion and furnish comments on the RFP in writing to Apopka. Apopka shall have prepared in final form and published to respective bidders such RFP prior to May 1, 2002. Apopka shall conduct a review of successful respondents to the RFP in accordance with the normal procedures of Apopka. No final acceptance of respondents to the RFP shall be accepted by Apopka without the consent of Winter Garden and Ocoee, which consent shall not be unreasonably withheld. Section 5 - Payment. 1. Progress payment applications submitted by the design professional shall be approved by the City of Apopka with concurrence of the Cities of Winter Garden and Ocoee prior to payment being made, which approval shall not be unreasonably withheld. 2. Apopka, Ocoee and Winter Garden each shall be responsible for their prorated share which shall be in equal amounts as determined at the conclusion of the RFP analysis as described by this agreement 2 Section 6 - Representations of Apopka. Apopka makes the following representations to Winter Garden and Ocoee: 1. Apopka 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. Apopka 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 Apopka (i) has been duly authorized by the City Council of the City of Apopka; (ii) does not constitute a default under, or result in the creation of any lien, charge, encumbrance of security interest upon the assets of Apopka, except as otherwise provided herein. Section 7 - Representation of Winter Garden. Winter Garden makes the following representations to Apopka and 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 Commission 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 - Representation of Ocoee. Ocoee makes the following representations to Apopka and 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 of security interest upon the assets of Ocoee, except as otherwise provided herein. Section 9 - Statutory Authority. This Agreement shall be considered an Interlocal 3 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 10 - 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 one year beginning on the Commencement Date of this Agreement. Section 11 - Notices. All notices required pursuant to this Agreement shall be in writing, and shall be delivered to the Tri-Cities by United States mail, postage prepaid, as follows: Winter Garden Representative City of Winter Garden City Manager 251 West Plant Street Winter Garden, Florida 34787 Apopka Representative City of Apopka City Administrator P.O. Box 1229 Apopka, Florida 32704-1229 Ocoee Representative City of Ocoee City Manager Section 12 - 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 13 - 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. 4 Section 14 -Governing Law. This Agreement shall be governed, construed, and controlled in accordance with the laws and rules of the State of Florida. Section 15 - Recordation. Upon execution of this Agreement, the Tri-Cities shall have the right to record this Agreement in the Public Records of Orange County, Florida, at their respective expense. Section 16 - Time of the Essence. Time is hereby declared to be of the essence to this contract. Section 17 -Term/Moditications/Renewal. 1. This Agreement shall expire one(I) year 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 issues 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 Tri-Cities shall attempt in good faith to modify this Agreement to make it conform with the terms of such required changes. Additionally, the Tri-Cities 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 Tri-Cities. Section 18 - 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 he deemed a separate, distinct and independent provision of such holding, and such holding shall not affect the validity of the remaining portions hereof Section 19 - Attorney's frees. 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 attomey's fees and court costs incurred in such action. Section 20 - Successors, Assigns and Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the Tri-Cities and their respective successors and assigns. In the event that either Winter Garden or Ocoee shall fail to enter into this Agreement the remaining signatories shall proceed with performance under this Agreement and such remaining signatory and Apopka shall adjust the expense contribution called for hereunder to reflect that Apopka and the remaining signatory shall each bear fifty percent (50%) of the cost of the design of the Reuse Connection. Should either Winter Garden or Ocoee fail to enter into this 5 Agreement initially but later requests entry into this or future Agreements, then they will be required to reimburse the other two Cities for their cost to date so that each City shall share the costs equally. Section 21 - 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 22 - Entire Agreement. This is the entire Agreement between the Tri-Cities, 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 Tri-Cities. No change or addition is to be made to this Agreement, except by written agreement executed by the Tri-Cities. IN WITNESS WHEREOF, the Tri-Cities have set their hands and seals on the dates below stated. Attest: CITY OF WINTER GARDEN $711.67V.flit, CLE B Dated: 3 vaC L MY' OR Attest: CITY Q OP - C Y CLERK MANOR JOHN H. LAND APTROVED BY APOPKA CITY COUNCIL Dated: 3- 7- zd0.i ON March 6 2002 Attest: CITY OF OCOEE By: CITY CLERK MAYOR Dated: 6