VII (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The previously executed Agreement will be superseded by execution of this revised Agreement, as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
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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).
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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.
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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
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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.
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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
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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
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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
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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:
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(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.
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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
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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
•
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