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HomeMy WebLinkAboutItem 15 Approval of Agreement to Formalize the Removed Water Systems Interconnection with Orange County ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 17, 2019 Item # j5 Reviewed By: Contact Name: Charles K. Smith, P.E. Department Director: Ch. -s ,i h, P.E. Contact Number: 407-905-3159 City Manager: Robert FA �j/: 1"....-"— Subject: Approval of Agreement to Formalize the Removed Water Systems Interconnection with Orange County, Commission District#2 — Rosemary Wilsen Background Summary: The City and Orange County had previously agreed, and constructed, an emergency potable water supply interconnection on Clarke Road at the site of Orange County's elevated tank (potable water tower). The elevated tank was previously needed to ensure fire flows to West Oaks Mall. The County no longer needs the elevated tank and contacted the City requesting to physically terminate the interconnection. Due to Ocoee's water system improvements, and confirmed by the City's consultant Reis Engineering, the interconnection was no longer required. Utilities agreed to the removal of the interconnect. The County has removed the interconnection and has requested the City of Ocoee formalize the removal and cause the vacating of an associated easement to the interconnection by the execution of the attached "Agreement to Terminate the Orange County/City of Ocoee Emergency Water Supply Interconnection and Easement Agreement." The agreement has been reviewed by the City Attorney's office and found to be acceptable. The Utilities Department shall be available for questions. Issue: Should the Mayor and City Commission approve the "Agreement to Terminate the Orange County/City of Ocoee Emergency Water Supply Interconnection and Easement Agreement"? Recommendations: Motion for Mayor and City Commission approve and authorize Mayor to execute Agreement to Terminate the Orange County/City of Ocoee Emergency Water Supply Interconnection and Easement Agreement. Attachments: 1. Agreement to Terminate the Orange County/City of Ocoee Emergency Water Supply interconnection and Easement Agreement. 2. Original Agreement: Orange County/City of Ocoee Emergency Water Supply Interconnection and Easement Agreement. Financial Impact: No fiscal impact shall result by the execution of agreement to terminate of the water systems emergency interconnection. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney rd/5'i`ist P9se) N/A Reviewed by Finance Dept. N/A Reviewed by () N/A 2 AGREEMENT TO TERMINATE THE ORANGE COUNTY/CITY OF OCOEE EMERGENCY WATER SUPPLY INTERCONNECT AND EASEMENT AGREEMENT THIS AGREEMENT TO TERMINATE THE ORANGE COUNTY/CITY OF OCOEE EMERGENCY WATER SUPPLY INTERCONNECT AND EASEMENT AGREEMENT (the "Termination Agreement") is made and entered into as of the date later executed below (the "Termination Effective Date"), by and between the CITY OF OCOEE, an incorporated city of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, hereinafter referred to as "CITY," and ORANGE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Post Office Box 1393, Orlando, Florida 32802, hereinafter referred to as "COUNTY." WITNESSETH: WHEREAS, on August 13, 1996, CITY and COUNTY entered into an agreement entitled "Orange County/City of Ocoee Emergency Water Supply Interconnect and Easement Agreement (the "Emergency Interconnect Agreement"); and WHEREAS, Section 15 of the Emergency Interconnect Agreement provided for an initial five year term, followed by automatic five year renewals or extensions of the term of the Emergency Interconnect Agreement unless one party gives the other party notice of termination at least one year prior to expiration of the term; and Page 1 of 4 WHEREAS, the Emergency Interconnect Agreement automatically renewed on August 13, 2016; and WHEREAS, CITY and COUNTY have determined that there is no longer a need for the Emergency Interconnect Agreement; and WHEREAS, the Parties agree to terminate the Emergency Interconnect Agreement. NOW, THEREFORE in consideration of the premises of this Termination Agreement and in consideration of the mutual advantages arising hereunder, and of other good and valuable consideration, the receipt and sufficiency whereof is hereby acknowledged, the parties to this Termination Agreement agree as follows: Section 1. Recitals. The recitals above are true and correct and form a material part of this Termination Agreement. Section 2. Billing and Payment. As of the Termination Effective Date, no bills are outstanding as payments due under the terms of the Emergency Interconnect Agreement. Section 3. Non-Permitted Use. As of the Termination Effective Date, all emergency water supply system interconnections made pursuant to the Emergency Interconnect Agreement have been permanently severed. CITY and COUNTY agree that they will not allow any illegal, unauthorized or non-permitted use of any of the emergency water supply system interconnects. This Section 3 will survive termination of the Emergency Interconnect Agreement. Section 4. Termination. The Emergency Interconnect Agreement shall terminate at 12:01 a.m. on the day immediately following the Termination Effective Date. Section 5. Hold Harmless. Consistent with applicable state law, including but not limited to Chapter 768, Florida Statutes, CITY and COUNTY each agree to hold the other harmless from the negligent acts or omissions of itself, its officers, employees or agents and to Page 2 of 4 pay all legal fees and costs incurred in defending any claim arising from such negligent acts or omissions. Nothing in this Agreement shall be construed as a waiver of sovereign immunity by either party beyond that in Section 768.28, Florida Statutes (2018). IN WITNESS WHEREOF, the parties hereunto have executed this Termination Agreement as of the date indicated below each party's signature. ORANGE COUNTY, FLORIDA By: Board of County Commissioners By: Jerry L. Demings Orange County Mayor Date: ATTEST: Phil Diamond, CPA, County Comptroller As Clerk of the Board of County Commissioners By: Deputy Clerk Page 3 of 4 CITY OF OCOEE, FLORIDA By: Rusty Johnson, Mayor Date: ATTEST: Melanie Sibbitt, City Clerk (SEAL) APPROVED BY THE CITY OF OCOEE COMMISSION IN A MEETING HELD ON , 2019, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2019. SHUFFIELD, LOWMAN & WILSON, P.A. By: City Attorney Page 4 of 4 APPROVED , • • er ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS AUG 1 1105 rl> ORANGE COUNTY/CITY OF OCOEE EMERGENCY WATER SUPPLY INTERCONNECT AND EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this II_ day of n1.,.5uS} , 1996,by and between the CITY OF OCOEE, an incorporated city of the State of Florida, whose address is 150 North Lakeshore Drive, Ocoee,Florida 34761, hereinafter referred to as"CITY", and ORANGE COUNTY, a political subdivision of the State of Florida, whose address is Post Office Box 1393, Orlando, Florida 32802, hereinafter referred to as"COUNTY". WITNESSETH: WHEREAS, COUNTY operates water treatment and distribution systems located in Orange County and desires to utilize the CITY water supply system for an emergency water supply source on an"as needed"basis;and WHEREAS, CITY operates water treatment and distribution systems located within the service area of the CITY as defined by an interlocal agreement with the COUNTY, and desires to utilize the COUNTY water supply system for an emergency water supply source on an"as needed"basis; and WHEREAS, CITY desires to have an emergency interconnect for the West Oaks Mall PUD which is near the corner of Clarke Road and Highway 50;and WHEREAS,the parties agree to enter into this Emergency Water Supply Interconnect and Easement Agreement (hereinafter referred to as "Agreement") in order to provide emergency water service between CITY and COUNTY upon the terms and conditions hereinafter set forth. 1 NOW,THEREFORE,in consideration of the premises hereof and in consideration of the mutual advantages arising hereunder,and of other good and valuable consideration,the receipt and sufficiency whereof is hereby acknowledged,the parties hereto agree as follows: SECTION 1. DEFINITIONS. The parties agree that in construing this Agreement,the following words, phrases, and terms shall have the following meanings unless the context indicates otherwise: 1.1 "Providing Entity"means the entity which is providing emergency water service pursuant to this Agreement. 1.2 "Receiving Entity"means the entity which is receiving emergency water service pursuant to this Agreement. 1.3 "Requesting Entity"means the entity which is requesting emergency water service pursuant to this Agreement. SECTION 2. INTERCONNECTS. 2.1 CITY hereby requests, and COUNTY hereby agrees, to an emergency water supply interconnect of that certain property located near the corner of Highway 50 and Clarke Road(hereinafter referred to as the"West Oaks Mall PUD"),pursuant to interconnection points as set forth on the plans attached herein and incorporated herein as Exhibit "A". In order to facilitate said interconnection, COUNTY hereby grants to CITY an easement over COUNTY property as depicted in the plans attached hereto as Exhibit"A"for the sole and exclusive purpose of constructing a twelve (12) inch water line on property described in Exhibit "B", which is attached hereto and incorporated herein by reference. CITY shall not damage or disturb any improvements located on the COUNTY property or otherwise interfere with the COUNTY system in the course of constructing its water line on the COUNTY property. 2 • 2.2 In consideration for the interconnect granted by Section 2.1 above, CITY agrees to grant to COUNTY at least one emergency water supply interconnection at a location to be mutually agreed upon and to grant any necessary easements or licenses in connection therewith. COUNTY agrees that it shall not damage or disturb any improvements located on the CITY property or otherwise interfere with the CITY system in the course of constructing its water line on the CITY property. 2.3 Either party may from.time to time make a written request to the other for additional interconnects. In the case of the CITY,the City Commission and in the case of the COUNTY, the County Chairman (or her designee), or the COUNTY's Director of Utilities, whichever is applicable, may reject or accept, in writing, such request for interconnect conditioned upon available water volumes and pressure. The emergency water supply interconnect referenced in Section 2.2 above and any future interconnects which may be mutually agreed to by the parties hereto shall be evidenced by a written Letter Agreement executed by the parties hereto. Any such Letter Agreement shall identify the location of the emergency water supply interconnection and any necessary easements. Further,any such Letter Agreement shall be subject to the terms,conditions and provisions of this Agreement. The Requesting Entity shall be responsible for the installation,maintenance,calibration and operation of a water flow meter • at the point(s) of interconnection. The cost of installation and maintenance of a water flow meter(s) shall be the responsibility of the Requesting Entity. The meter(s) shall be calibrated upon installation and every twelve(12)months, or sooner, if required. The Requesting Entity shall be responsible for all construction and maintenance costs of the interconnection of its water distribution system and said construction and maintenance of the interconnection shall be subject to the supervision,inspection and approval of the Providing Entity. The Requesting Entity shall 3 be responsible for the preparation of engineering plans and specifications for the interconnect and receipt of all necessary State and local permits for said construction requested. Engineering plans and specifications prepared by the Requesting Entity are subject to review and approval by the Providing Entity,which approval will not unreasonably be withheld,prior to commencement of construction. SECTION 3. SERVICES AND RATES. CITY's supply of emergency water service to COUNTY shall be at the CITY's then prevailing standard water rate and the COUNTY's supply of emergency water service to CITY shall be at the COUNTY's then prevailing standard water rate; provided, however, that if either party uses the other's water pursuant to this Agreement for a period of longer than ninety (90)consecutive days or ninety (90)cumulative days within a calendar year,then the Receiving Entity shall be required to pay the then current water service connection fees charged by the Providing Entity, within thirty(30)days of written request by the Providing Entity or to,alternatively,be disconnected from the Providing Entity's water system. SECTION 4. TEMPORARY UTILIZATION OF INTERCONNECT. It is further agreed that the emergency water supply interconnection shall be utilized only at the time of equipment failure or other emergency conditions to temporararily provide water service to the customers of the Receiving Entity. The interconnection is not to be used to provide permanent service for any portion of the CITY's or COUNTY's service area. It is the intent of this Agreement for water to be provided from the Providing Entity to the Requesting Entity only in the event of an emergency such as a fire,equipment failure,flood,hurricane or other unforeseen and unexpected mechanical problem .or natural disaster which interrupts the ability of the Requesting Entity to provide service. Unanticipated growth or failure to adequately plan capital infrastructure,are examples of events which shall not be deemed emergencies. 4 SECTION 5. BILLING AND PAYMENT. Bills shall be based on meter readings taken by the Providing Entity in accordance with standard billing policies of the Providing Entity. SECTION 6. COLLECTION OF CHARGES. CITY and COUNTY shall each be responsible for the collection of the service charges for their customers being served within their respective service area, and the failure to collect such service charges or fees shall not relieve either from payment to the other of the charges as set forth in this Agreement. SECTION 7. NON-PERMITTED USE. CITY and COUNTY agree that they will not allow any illegal, unauthorized or non-permitted use of any of the emergency water system interconnects. • SECTION 8. AVAILABILITY OF SERVICE. Subject to Section 9 and other conditions of use in this Agreement, CITY and COUNTY agree to make available emergency water service as soon as each emergency interconnect between CITY and COUNTY systems has been completed in accordance with the approved plans and specifications. SECTION 9. CURTAILMENT OF SERVICE. CITY and COUNTY stipulate that this Agreement does not guarantee that water capacity will be available. Emergency water supply may be curtailed by the Providing Entity in the event a simultaneous emergency water need exists within its system. Further,conditions resulting from equipment or power failures or other acts,whether or not in the nature of an emergency,which would cause the termination or material diminishment of water service to the Providing Entity's customers shall be a basis to withhold approval of the emergency service and,if necessary,to disconnect service if it is determined by the Providing Entity that providing such service would result in adverse impacts on the health, welfare and safety of the public or an inability to provide service to its customers. 5 SECTION 10. NOTICE OF NEED AND TERMINATION. 10.1 Upon determination that emergency water supply is required,the Receiving Entity must immediately verbally notify the Providing Entity that service is required and the nature of the emergency prior to commencement of the emergency service. The Receiving Entity will notify the Providing Entity in writing within forty eight(48)hours after commencement of the emergency service of the expected date of termination of the emergency water supply utilization if it has not yet terminated such use. Notification shall be made by personal delivery or certified mail,return receipt requested,as follows: To County: Director Orange County Utilities Division 109 East Church Street Orlando,Florida 32801 To City: Utility Director City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761-2258 10.2 Security devices shall be installed at each interconnect to prevent unauthorized use of the water interconnect. An authorized representative of either the CITY or COUNTY may determine the emergency need and commence emergency use of the water interconnect. Emergency use of the water through the interconnect requires immediate verbal notification to the Providing Entity from the Receiving Entity. The CITY and COUNTY shall maintain a listing of contact persons who are available on a twenty four (24) hour basis to be verbally notified that the interconnect is being used for emergency service. The CITY and COUNTY agrees to promptly respond to any request by the Receiving Entity to commence the emergency service. 6 SECTION 11, TEMPORARY CESSATION OF SERVICES. It is agreed that any temporary cessation or diminishment of emergency water supply services by the Providing Entity, resulting from necessary maintenance work,breakdown or damage to machinery,pumps,or pipe lines, acts of God, fire, strikes, casualty, insurrection, riot, civil disorder, or military authority shall not constitute a breach of this Agreement on the part of either party, and neither party shall be liable to the other for damage resulting from such temporary cessation or dimishment of services;provided,however,that the parties hereto shall notify the other party in the event they reasonably anticipate a temporary cessation or dimishment of services to be provided under the terms of this Agreement. SECTION 12. HOLD HARMLESS. Consistent with applicable state law,including but not limited to Chapter 768, Florida Statutes,CITY and COUNTY each agree to hold the other harmless from the negligent acts or omissions of itself, its officers,employees or agents and to pay all legal fees and costs incurred in defending any claim arising from such negligent acts or omissions. SECTION 13. OPTION TO DISCONNECT. If there is a failure by the Receiving Entity to pay the amount due within thirty (30) days after a delinquent notice is received by the Receiving Entity,then the Providing Entity has the option to disconnect the emergency water service supply interconnect. Reconnection shall not occur until all amounts due are paid in full. To the extent permitted by law,CITY and COUNTY agree to indemnify and hold harmless each other and pay all attorneys fees and costs that may arise from any claim by a customer of CITY's water system or COUNTY's water systems over the provision or discontinuance of emergency water service provided hereunder by a Providing Entity to a Receiving Entity. The parties do not intend there to be any third party beneficiaries to this Agreement. 7 SECTION 14. SEPARATE AND DISTINCT AGREEMENT. CITY and COUNTY agree that this Agreement is separate and distinct from any existing or future agreement executed between CITY and COUNTY for the purchase and sale of water services and this Agreement is for the sole purpose of addressing any emergency water supply interconnect(s)between CITY and COUNTY. The exact interconnection point(s)for this Emergency Inteconnect Agreement for properties other than the West Oaks Mall PUD have not yet been determined, and will be • decided from time to time by execution of Letter Agreements between the parties. It is intended that any interconnect will be installed as near as feasible to the CITY/COUNTY Utility Service Area boundary. All pipes and appurtenances installed by the Requested Entity on the Providing Entity's side of the emergency interconnect shall become the property of the Providing Entity, unless otherwise modified by an extended letter agreement. SECTION 15. ASSIGNMENT-TERM. This Agreement shall be binding on the parties hereto for a period of five (5) years from the Effective Date. This Agreement shall automatically be extended for additional periods of five(5)years unless written notice of intent to terminate is given by one party to the other party no later than one (1) year prior to the expiration of each five(5)year term of this Agreement. Neither party shall assign this Agreement or the rights and obligations to any third party without the written consent of the other party to this Agreement. No modifications to this Agreement or waivers of any provisions contained herein may occur unless in writing and signed by both parties. SECTION 16. DEFAULT:NOTICE:PROPER FORM. In the event of a default by Receiving Entity under the provisions herein, the Providing Entity shall have the option of discontinuing service not sooner than thirty (30) days from the time it notifies the Receiving Entity. 8 IN WITNESS WHEREOF,the parties hereunto have executed this instrument on the day,month and year first written in the 0)counterparts,each of which shall be deemed an original. r • } ,"'' ORANGE COUNTY, FLORIDA •., IaT BY�/ �• •ted' .........•�d''� .maytt) County Chairman • DATE: AUG 13 ATTEST: Martha O.Haynie,County Comptroller As Clerk of the Bo o County Commissioners BY: A .. Deputy Clerk FOR THE USE AND RELIANCE OF ORANGE COUNTY ONLY. APPROVED AS TO FORM 1414.40'13 19 X16 Assistant County Attorney STATE OF FLORIDA COUNTY OF ORANGE SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by Linda W. Chapin, ORANGE COUNTY CHAIRMAN, known to be the person described in and who executed the foregoing this 1 ,day of OJU-S+ , 1996. 4.1.Aita ,•"" TRISHA M.ORW EL1. `r ""-. 1 ' `. MY COMMISMON r Cg166Z6 EWES Notary Public �YI16.1997 ,plIp„M,TROY F�IlipZVCE,.IC Printed Name: 1m• Gceme-1 My Commission Expires: U'hhl1`-1I i cI 9 CITY OF OCOEE, FL RIDA BY 5' _ci..d1 S. Scott Vandergrift, or DATE: 014-01-Artm A e-re 3, /9 F I. ATTEST: I �l ".../ Je Grafton, City q erk FOR USE AND RELIANCE ONLY APPROVED BY THE OCOEE CITY BY THE CITY OF OCOEE, COMMISSION AT A MEETING HELD FLORIDA,APPROVED 44 TO FORM ON THE ABOVE DATE UNDER AND G ITY THIS DAY AGENDA ITEM NO. lit 1) OF iocr- , 1996. FOLEY RDIN1ER By: Va.frieoek,A) City Attorney STATE OF FLORIDA COUNTY OF ORANGE • SWORN to and subscribed freely and voluntarily for the purposes therein expressed before me by S. Scott Vandergrift, Mayor of the City of Ocoee,Florida,known to me to be the person described in and who executed the foregoing this.3.A day of S E.P T E r Ra a, 1996. WITNESS my hand and official seal in the County and State last aforesaid this,uday of Sgp'1EPARER , 1996. 400 Pitt MARIAN B GREEN k4Al:AAJ Xit. JAJLOA.) • My CommiesionCC""" Notary Public * g * Expka Nov.04,1906 Bonded by ANB Printed Name: MARIAN a_ GR E E N o 010 800-052.6676 My Commission Expires: it-+-911 10 1 7' mom- CLARKE RD 7—EXIST. CURB & GUTTER _ 1 ._ • . . • . . .. . . .. . . . . .. ... • . • C • • .. . EXISTING SIDEW / ALK—/* •' ' , • ' • " • ' •• ' .•.•.. r: • --• • ' ' • • . . . . 1 . .• 12, 12' CITY OF OCOEE----' •-• '• POTABLE WATER I MODIFY EXIST. FENCE, Ld ... . PRQVIDL 3'—O' WIDE GATE .— 11 "•"' : •" 1-- %• .--,..1,•,,,,: •,-... 0.- >-, <' >ii... ) 11 lal D .>0 •fr.U Ce V 9 hrZ H ::rnCe te5 " 1 \-8' BACKFLOW z.% 1-1PREVENTER & x 24' ORANGE COUNTY >4 POTABLE WATER METER ASSEMBLY 43 .. • •• I A . v . • • ... • EXISTING FENCE POTA3LE WATER I \ TERCON \ ECT PLAN , . : . . . • EXHIBIT "3" SKETCH AND LEGAL DESCRIPTION Niti SG.GG N I I NNW P.O.C.ONE 1/4 ; 2 . I SEC 21-22-28 1 , I I1: w 4.w 1401 Pypl i•C) Air � P.O.B. l S89°49'09"E 3S89°49'09'E • / 3 10.00' • F) • 50.00' w . PROPOSED o . o =- Ln o UTILITY o 1 ao 0 0 b o EASEMENT - Nil ' I fx c °o - � � � 0 O N Q -i N8949'09"W 10.00' I . yIy 7 �`-NORTH R/W L INE ' $ d A I , `-------�-- c, WHITE ROAD ------------•- DESCRIPTION . PROPOSED UTILITY EASEMENT . A portion of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section 21, Township 22 South, Range 28 East, of Orange County, Florida, being more particularly described as follows; Commence at the Northwest corner of said Northeast Quarter of Section 21, said corner being on the centerline of Clark Road; thence proceed South 00°10'51'West along said centerline for 837.15 feet; thence South 89°49'09'East for 50.00 feet to a point on the East right-of-way line of Clark Road, said point being the Point of Beginning; thence continue South 89°49'09'Eost for 10.00 feet; thence South 00°I O'S I"West for 35.00 feet; thence North 89°49'09'West for 10.00 feet to a point on said East right-of-way line of Clark Road; thence North 00°10'51'East along said East right-of-way line for 35.00 feet to the Point of Beginning. Containing 350 square feet more or less. NOTE in aa, I.THIS IS NOT A SURVEY. P.O.L.=MIEN OF BEGINNING m 2.BEARINGS ARE BASED ON TIE CENTERLINE OF PAC.* POINT OF COI4MENt)IENT 7 CLAM ROAD.BEING 5.00.10.51'11. R/M= RIGHT-OF-WAY > COR.CORNER Z SEC=SECTION SURVEYOR'S CERT IF ICAT ION • (=CENTERLINE I HEREBY CERTIFY: That the attached meets the Minimum Technical Standards adopted by the Florida Board of Surveyors and Mappers. Chapter 61G1T-6 .A.C. y //q/ Dote :NOV. I. 1995 11 -,i /._ . . 3 Scale; I"=30' L �rVANCE CARPER. • .50 Job No. a EIw[G POST. .SCHUH a JAN ofessional S eyor and Mapper F.B. : ---- tIS.O Orange Ave.. suit.Too Florida Certificate No. 3598 : Winter Park. Florida 32709 O:r.(NMa.IW..NIO..N.r..ws.IM:NSMM1I•:{/1a11.N�O Drawn By : V usl:siwNr..lOMsOMNI Nrn.a:a: —aINNrw., .nN..o DKK III i 407/NT-7275 .\:..OM MOM Chkd. By : 7 ti 0915 Poet.Buckley.Sanun 14 J.rnlO .. Inc.. All Rights Reserved SHEET 1 OF 1