HomeMy WebLinkAboutSeminole County Wholesale Water and Wastewater Service AgreementPER PUBLIC WORKS
DEPARTMENT DIRECTOR,
SEMINOLE COUNTY KEPT
ORIGINAL OF THIS
CONTRACT SO NO
ORIGINAL IS ON FILE FOR
WINTER SPRINGS.
~ CITY OF WINTER SPRINGS AND SEMINOLE COUNTY
WHOLESALE WATER AND WASTEWATER SERVICE AGREEMENT
/~ THIS AGREEMENT is made and entered into this 2. day of
(~ ~ 2007 by and between SEMINOLE COUNTY, a political
subdivision of the State of Florida, whose address is Seminole County
Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter referred to as "COUNTY," and CITY OF WINTER SPRINGS, a
Florida municipal corporation, whose address is 1126 East S.R. 434,
Winter Springs, Florida 32708, hereinafter referred to as "WINTER
SPRINGS".
W I T N E S S E T H:
WHEREAS, COUNTY owns and operates a water and wastewater system
located in Seminole County, Florida; and
-}- .
~ WHEREAS, COUNTY has availab~l v~ater capacity adequate to serve
~~
future customers of WINTER SPRINGS; and
WHEREAS, COUNTY has wastewater capacity reserved and available at
the Iron Bridge Regional Wastewater Treatment Plant owned by the City
of Orlando and located in Seminole County, Florida; and
WHEREAS, WINTER SPRINGS wishes to connect to the COUNTY'S water
and wastewater system and purchase water and wastewater capacity on a
wholesale basis from COUNTY to serve its future customers,
NOW, THEREFORE, in consideration of the premises, mutual
_ covenants, agreements and promises herein contained, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as
follows:
City of Winter Springs and Seminole County
Wholesale Water and wastewater Service Agreement
Page 1 of 17
CERTIFIED COPY
MARYANNE MORSE
CLERK OF CIRCUIT COURT
SE/MI~N~OL~E C~OUN~TY~FLO~RID/A
BY. pEPUTM CLERi'~`--
SECTION 1. RECITALS. The foregoing recitals are true and
correct and form a material part of this Agreement upon which the
parties have relied.
SECTION 2. DEFINITIONS. The parties agree that in constructing
this Agreement, the following words, phrases and terms shall have the
following meanings unless the context clearly indicates otherwise:
2.1 "Agreement" means this City of Winter Springs and Seminole
County Wholesale Water and Wastewater Service Agreement as it may from
time to time be modified.
2.2 "Collection Facilities" means the lines, pipes, meters and
appurtenant equipment owned, operated and maintained by WINTER SPRINGS
to collect wastewater and to transmit the same to the COUNTY'S
Transmission Facilities.
2.3 "County Wastewater Syh;re~'~ means the COUNTY'S Transmission
Facilities and the COUNTY'S allocated wholesale capacity at the Iron
Bridge Wastewater Treatment Plant.
2.4 "County Water System" means those Production and
Transmission Facilities owned and operated by the COUNTY.
2.5 "Distribution System" means those lines, pipes, meters and
all other appurtenant equipment and facilities used to distribute
potable water from the point of connection to individual customers and
property owners.
2.6 "GPD" means gallons per day, average annual basis.
2.7 "Iron Bridge Wastewater Treatment Plant" or "Iron Bridge
Facility" means those sewage treatment and disposal facilities used by
COUNTY through agreement with the City of Orlando to treat wastewater
City of Winter Springs and Seminole County
Wholesale Water and wastewater Service Agreement
Page 2 of 17
and detain, transmit and dispose of said treated wastewater in
accordance with applicable regulatory requirements.
2.8 "Production and Transmission Facilities" means those lines,
pumps, meters and other appurtenant equipment and facilities used by
COUNTY to transmit water from the point of production to WINTER
SPRINGS' point of connection.
2.9 "Transmission Facilities" means those lines, pipes, force
mains, pumps, meters and appurtenant equipment and facilities used by
COUNTY to transmit' wastewater from the point of connection at the
WINTER SPRINGS Collection Facilities to the Iron Bridge Facility or
another COUNTY wastewater treatment facility.
2.10 "Wastewater Connection Fees" means those fees and charges
established and collected by COY, to pay for wastewater service
~ ~~ ~ ',
capacity sold hereunder. `~~''
2.11 "Wastewater Service Capacity" means the amount of
wastewater flow measured in GPD which WINTER SPRINGS wishes to
purchase from COUNTY and which COUNTY agrees to accept in its
Transmission Facilities in accordance with this Agreement.
2.12 "Water Connection Fees" means those fees and charges
established and collected by COUNTY to pay for water service capacity
sold hereunder.
2.13 "Water Service Capacity" means the amount of water flow
measured in GPD which WINTER SPRINGS wishes to purchase from COUNTY
and which COUNTY agrees to sell and allocate from the COUNTY water
system in accordance with this Agreement.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 3 of 17
SECTION 3. PURPOSE. Subject to the terms and conditions
hereinafter set forth, COUNTY shall sell and deliver to WINTER SPRINGS
and WINTER SPRINGS shall purchase and receive from COUNTY wastewater
and water service (hereinafter referred to as "Service"), as set forth
herein. It is mutually acknowledged by both parties that the intent
of this Agreement is for COUNTY to wholesale water and wastewater
service to WINTER SPRINGS for WINTER SPRINGS to service its future
customers.
SECTION 4. TERM. This Agreement shall continue in effect for
ten (10) years from the date of execution hereof by the parties and
shall be renewable for additional periods of ten (10) years each with
the mutual consent of the parties. The parties shall have the option
to terminate this Agreement by provtiding not less than sixty (60) days
`t ~, ;
advance written notice of the e-f~ ;ative date of termination in the
manner specified in Section 21 hereunder.
SECTION 5. PROVISION OF WATER SERVICE CAPACITY. COUNTY shall
provide Water Service Capacity to WINTER SPRINGS in the following
manner and subject to the following terms and conditions:
5.1 Ca acity Purchase.
(a) The parties acknowledge that WINTER SPRINGS has
projected future Water Service Capacity needs of 4,500 GPD from
COUNTY'S water system. The COUNTY's obligation to provide the future
needs of 4,500 GPD shall be contingent upon WINTER SPRINGS' payment to
the COUNTY of applicable Water Connection Fees upon the COUNTY'S
execution of the Florida Department of Environmental Protection (FDEP)
permit application for said capacity or any portion thereof during
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 4 of 17
this Agreement. If Water Connection Fees are not paid, all rights and
obligations to the water capacity purchase of 4,500 GPD under this
Agreement shall be terminated to the extent that such water capacity
has not been purchased by WINTER SPRINGS.
(b) WINTER SPRINGS agrees to provide. to the COUNTY, on or
before October 1, 2008, and. annually thereafter, a three (3) year
projection of its Water Service Capacity needs.
(c) The COUNTY agrees to provide WINTER SPRINGS an option
to reserve and purchase 33,500 GPD of additional capacity by payment
of applicable Water Connection Fees; provided, however, that WINTER
SPRINGS notifies the COUNTY at least two (2) years prior to the date
that such additional capacity is needed. Any capacity not purchased
i by WINTER SPRINGS on or before th`~e.'~.,t,ermination date of this Agreement
shall be available for other COUN~Y~.us'es.
5.2 Operation and Maintenance of Production and Transmission
Facilities. WINTER SPRINGS shall be responsible for the operation,
maintenance and replacement of the Distribution System up to and
including the point of connection to the COUNTY's Production and
Transmission Facilities. Said point of connection is depicted on the
map attached hereto and incorporated herein as Exhibit "A".
5.3 Metering.
(a) WINTER SPRINGS shall purchase, furnish and install
metering equipment capable of measuring all flows from the COUNTY's
Transmission System to the point of connection. The metering
equipment shall remain the property of WINTER SPRINGS. WINTER SPRINGS
shall be solely responsible for the operation, maintenance and
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 5 of 17
' replacement of the metering equipment. COUNTY shall have the right to
read the meter at any time and the right to free access thereto for
meter reading, testing and billing purposes.
(b) The metering equipment shall be approved by the
COUNTY, installed at a readily accessible location and be of standard
make and type suitable for billing purposes. The metering equipment
shall record flow with an error rate not exceeding plus or minus two
percent (±2~) of full scale reading. In calculating any billing
adjustment, the COUNTY shall assume that the metering equipment
inaccuracy existed for one-half (1/2) of the entire time interval
between metering equipment accuracy checks by either party. A billing
adjustment shall be made at the rate established in accordance with
i Section 7 hereof. The volume used.,__in the billing calculations shall
:~ ,~,
' `.,
be adjusted as described herein. '~1'_„~~'
(c) WINTER SPRINGS, at its expense, shall periodically
inspect and test the metering equipment, at intervals recommended by
the manufacturer unless otherwise requested by COUNTY. Written
results of any meter inspections shall be provided by WINTER SPRINGS
to COUNTY within ten (10) days of such inspections.
5.4 Water Service Capacity. The parties agree that after
connection of WINTER SPRINGS' Collection Facilities to the COUNTY's
Production and Transmission Facilities as provided herein, the COUNTY
shall continuously provide to WINTER SPRINGS in accordance with this
Agreement, Water Service Capacity which complies with all applicable
governmental requirements; provided, however, the COUNTY's obligation
shall be consistent with and not greater than the COUNTY's obligation
City of Winter Springs and Seminole County
Wholesale water and Wastewater Service Agreement
Page 6 of 17
' to provide Water Service Capacity to the public generally. Upon
connection of WINTER SPRINGS' Collection Facilities to the point of
connection, any customers that connect into WINTER SPRINGS' Collection
Facilities shall be customers of WINTER SPRINGS and pay WINTER
SPRINGS' rates, fees, charges and deposits for water service.
SECTION 6. WATER CONNECTION FEES.
(a) As to the 4,500 GPD of Water Service Capacity reserved
pursuant to subsection 5.1 herein, WINTER SPRINGS shall pay COUNTY
Water Connection Fees at the COUNTY rate in effect at the time Water
Connection Fees are paid to the COUNTY.
(b) WINTER SPRINGS shall pay to the COUNTY Water Connection
Fees upon execution of FDEP permits for said capacity or any portion
thereof. WINTER SPRINGS shal,L.~,,be solely responsible for the
,' ~
collection of the Water Connectzoh~,;Fees for each unit to be served;
failure to collect the Water Connection Fees shall not relieve WINTER
SPRINGS from its obligation to pay the COUNTY for the Water Connection
Fees as agreed herein.
SECTION 7. WHOLESALE WATER USER CHARGES. COUNTY agrees to
provide Water Service Capacity for use by WINTER SPRINGS in accordance
with the terms and conditions set forth herein for a charge of $1.13
per 1,000 gallons of water. COUNTY agrees to bill WINTER SPRINGS
monthly based upon the number of gallons of water which pass through
each meter each month. WINTER SPRINGS agrees to provide COUNTY with
billing summaries of each account provided service within ten (10)
days of the billing date. The billing summary for each metered
service account shall include the meter reading for the prior month,
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 7 of 17
the current meter reading and the total gallons billed for that meter.
WINTER SPRINGS agrees to pay for all water transmitted to the COUNTY's
Production and Transmission Facilities at this rate and make payments
to COUNTY within forty-five (45) days from the date of the COUNTY's
bill. Failure to do so shall be considered a default by WINTER
SPRINGS and processed as set forth in Section 17 herein.
SECTION 8. PROVISION OF WASTEWATER SERVICE CAPACITY. COUNTY
shall provide Wastewater Service Capacity to WINTER SPRINGS in the
following manner and subject to the following terms and conditions:
8.1 Capacity Purchase.
(a) The parties acknowledge that WINTER SPRINGS has
projected future Wastewater Service Capacity needs of 4,500 GPD of
COUNTY's wastewater capacity allocation at the Iron Bridge Facility.
X' ~ .~
The COUNTY's obligation to provide' he future needs of 4,500 GPD shall
be contingent upon WINTER SPRINGS' payment to the COUNTY of applicable
Wastewater Connection Fees upon the COUNTY'S execution of the FDEP
permit application for said capacity or any portion thereof during
this Agreement. If wastewater Connection Fees are not paid, .all
rights and obligations to the wastewater capacity purchase of 4,500
GPD under this Agreement shall be terminated to the extent that such
wastewater capacity has not been purchased by WINTER SPRINGS.
(b) WINTER SPRINGS agrees to provide to the COUNTY, on or
before October 1, 2008, and annually thereafter, a three (3) year
projection of its Wastewater Service Capacity needs.
(c) The COUNTY agrees to provide WINTER SRPINGS an option
to reserve and purchase 30,000 GPD of additional capacity by payment
City of Winter Springs. and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 8 of 17
of applicable Wastewater Connection Fees; provided, however that
WINTER SPRINGS notifies the COUNTY at least two (2) years prior to the
date that such additional capacity is needed. Any capacity not
purchased by WINTER SPRINGS on or before the termination date of this
Agreement shall be available for other COUNTY uses.
8.2 Operation and Maintenance of Collection Facilities. WINTER
SPRINGS shall be responsible for the operation, .maintenance and
replacement of its Collection Facilities including the master lift
station to the point of connection to the COUNTY'S Transmission
Facilities. Said point of connection is depicted on Exhibit ~~A".
8.3 Wastewater Service Capacity. The parties agree that after
connection of WINTER SPRINGS' Collection Facilities to COUNTY'S
Transmission Facilities as pr~~ded herein, the COUNTY shall
,. '
continuously provide to WINTE~,~S;RRINGS in accordance with this
Agreement, Wastewater Service Capacity which complies with all
applicable- governmental requirements; provided, however, the COUNTY'S
obligation shall be consistent with and not greater than the COUNTY'S
obligation to provide Wastewater Service Capacity to the public
generally. Upon connection of WINTER SPRINGS' Collection Facilities
to COUNTY'S Transmission Facilities, any customers that connect into
WINTER SPRINGS' Collection Facilities shall be customers of WINTER
SPRINGS and pay WINTER SPRINGS' rates, fees, charges and deposits for
wastewater service.
SECTION 9. WASTEWATER CONNECTION FEES.
(a) As to the 4,500 GPD of Wastewater Service Capacity reserved
i ~
pursuant to subsection 8.1 herein, WINTER SPRINGS shall pay COUNTY
City of Winter Springs and Seminole County
wholesale Water and Wastewater Service Agreement
Page 9 of 17
Wastewater Connection Fees at the COUNTY rate in effect at the time
Wastewater Connection Fees are paid to the COUNTY.
(b) WINTER SPRINGS shall pay to the COUNTY Wastewater
Connection Fees upon execution of FDEP permits for said capacity or
any portion thereof. WINTER SPRINGS shall be solely responsible for
the collection of its Wastewater Connection Fees for each unit to be
served; failure to collect its Wastewater Connection Fees shall not
relieve WINTER SPRINGS from its obligation to pay the COUNTY for the
Wastewater Connection Fees as agreed herein.
SECTION 10. WHOLESALE WASTEWATER USER CHARGES. COUNTY agrees to
provide Wastewater Service Capacity for use by WINTER SPRINGS in
accordance with the terms and conditions set forth herein for a charge
of $2.60 per 1,000 gallons of wastewater. COUNTY agrees to bill
%f
WINTER SPRINGS monthly based upon=~,.~he~ number of water gallons metered
each month by WINTER SPRINGS. WINTER SPRINGS agrees to pay for all
wastewater transmitted to the COUNTY's Transmission Facilities at this
rate and make payments to COUNTY within forty-five (45) days from the
date of the COUNTY'S bill. Failure to do so shall be considered a
default by WINTER SPRINGS and processed as set forth herein.
SECTION 11. RETURN OF UNUSED CAPACITY. If WINTER SPRINGS is
unable to use all or any portion of the Water and/or Wastewater
Service Capacity reserved hereunder, WINTER SPRINGS may request in
writing to return said surplus to COUNTY. The COUNTY may purchase
such surplus capacity from WINTER SPRINGS at the rate originally paid
by WINTER SPRINGS for said Water and/or Wastewater Service Capacity.
WINTER SPRINGS shall not be entitled to nor shall receive any interest
City of Winter Springs and Seminole County
wholesale Water and Wastewater Service Agreement
Page 10 of 17
' on the fees or charges paid to the COUNTY. The COUNTY may defer the
purchase thereof until it has identified a qualified customer or
customers ready, willing and able to pay the applicable Water and/or
Wastewater Connection Fees and until said customer has paid the Water
and/or Wastewater Connection Fees.
SECTION 12. CHANGE OF RATES. In the event COUNTY during this
Agreement proposes a new rate schedule or amended rate schedule
applicable to wholesale water or wastewater service, the COUNTY shall
forward to WINTER SPRINGS a copy of such proposed rate commencing with
the next billing period after the effective date. The purpose of this
Section is disclosure ,only and shall not grant WINTER SPRINGS any
right to appeal any rate increase. COUNTY hereby declares that said
rates are not in excess of the~,,,~~west rates now available to any
prospective customer under wholesa~~-=water or wastewater service and
agrees that, during this Agreement, WINTER SPRINGS shall continue to
be billed at the lowest available rate for equivalent wholesale water
or wastewater service. '
SECTION 13. PRETREATMENT REQUIREMENTS.
(a) WINTER SPRINGS agrees that the COUNTY, in the operation and
maintenance of its water and wastewater systems, has certain
obligations to protect the health, safety and welfare of the public
and prevent undue burden to the COUNTY's customers resulting from
extraordinary discharges attributable to WINTER SPRINGS. WINTER
SPRINGS shall ensure that wastewater discharged into the COUNTY's
Transmission Facilities complies with the pretreatment requirements of
Seminole County Code, Part 5, Chapter 270, known as the "Industrial
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 11 of 17
Pretreatment Ordinance" or the "Seminole County Wastewater System
Rules". WINTER SPRINGS shall comply with applicable Federal and State
pretreatment regulations and standards, including, but not limited to,
40 Code of Federal Regulations and Chapter 62-265, Florida
Administrative Code. WINTER SPRINGS shall comply with Federal, State
and local statutes, laws, ordinances, resolutions, rules and
regulations relating to use of and discharge to the COUNTY'S water and
wastewater system as may be adopted from time to time by governmental
entities. COUNTY shall provide WINTER SPRINGS with copies of
applicable COUNTY ordinances, resolutions, rules and regulations now
in effect and as same may be adopted or amended by COUNTY from time to
time.
(b) The parties agree that~,,a,_violation of said Seminole County
f'y
Wastewater System Rules may not`-}j.~~construed as a default by WINTER
SPRINGS hereunder provided this discharge is not the fault of WINTER
SPRINGS and WINTER SPRINGS uses due diligence and emergency police
powers as required to ensure such discharge is discontinued and future
potential discharges are prevented.
SECTION 14. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This
Agreement is solely for the benefit of the formal parties hereto and
no right or cause of action shall accrue under or by reason hereof to
or for the benefit of any third party not a formal party hereto.
SECTION 15. LIABILITY. COUNTY shall make all reasonable efforts
to prevent interruption of service, and when such interruptions occur,
shall endeavor to reestablish service with the shortest possible delay
consistent with safety to its customers and the general public.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 12 of 17
SECTION 16. ASSIGNMENT. This Agreement shall be binding on the
parties hereto and their representatives and successors. Neither
party shall assign this Agreement or the rights and obligations herein
to any other party.
SECTION 17. DEFAULT.
(a) Either party to this Agreement, in the event of or act of
default by the other, shall have all remedies available to it under
the laws of the State of Florida, including, but not limited to,
injunction to prevent default, or specific performance to enforce this
Agreement, subject to State law.
(b) In the event of a default by WINTER SPRINGS, COUNTY agrees
that it shall not discontinue service to WINTER SPRINGS provided all
payments for service required hereunder are made by WINTER SPRINGS and
;t~ !`.
until such time as a court of com~etent jurisdiction has rendered an
adjudication of default. In the event WINTER SPRINGS disputes the
amount payable for service pursuant to this Agreement, WINTER SPRINGS
shall continue to make such payments but may make such payments under
protest.
(c) In the event of default by COUNTY, WINTER SPRINGS shall be
entitled to any and all remedies available to customers of the COUNTY
water and wastewater systems. Each of the parties hereto shall give
the other party written notice of any defaults hereunder, allow the
defaulting party thirty (30) days from the date of receipt to cure
such defaults and otherwise comply with any State law to resolve
disputes between local governments.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 13 of 17
SECTION 18. FORCE MAJEURE. In the event any party hereunder
fails to satisfy in a timely manner any requirements by this
Agreement, due to a hurricane, flood, tornado, or other act of God or
force majeure, then said party shall not be in default hereunder;
provided, however, that performance shall recommence upon such event
ceasing its effect.
SECTION 19. PUBLIC RECORDS LAW. Each party shall allow public
access to all documents, papers, letters or other material which have
been made or received in conjunction with this Agreement in accordance
with Chapter 119, Florida Statutes.
SECTION 20. CONFLICT OF INTEREST.
(a) The parties agree that they will not engage in any action
that would create a conflict of „interest in the performance of their
~.,. f .
;~ ~
obligations pursuant to this Agreein~r~t or which would violate or cause
others to violate the provisions of Part III, Chapter 112, Florida
Statutes, relating to ethics in government.
(b) The parties hereby certify that no officer, agent or
employee has any material interest (as defined in Section 112.312(15),
Florida Statutes, as over 5~) either directly or indirectly, in the
business of the party to be conducted hereunder, and that no such
person shall have any such interest at any time during the term of
this Agreement.
(c) Pursuant to Section 216.347, Florida Statutes, the parties
hereby agree that monies received from the other party pursuant to
this Agreement will not be used for the purpose of lobbying the
Legislature or any other State or Federal agency.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 14 of 17
SECTION 21. NOTICES. Any notice required or allowed to be
delivered hereunder shall be in writing and be deemed to be delivered
when either (1) hand delivered to the official hereinafter designated,
or (2) upon receipt of such notice when deposited in the United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to the party at the address set forth below or at such other
address as the party shall have specified by written notice to the
other party delivered in accordance herewith.
For WINTER SPRINGS:
Ronald W. McLemore, City Manager
City of Winter Springs
1126 E. S.R. 434
Winter Springs, FL 32708
For COUNTY:
..T.-^~rr._.
Seminole County Manager
Seminole County Services Buld~n'g
1101 E. First Street
Sanford, FL 32771
With a copy to:
Seminole County Attorney
Seminole County Services ,Building
1101 E. First Street
Sanford, FL 32771
SECTION 22. SEVERABILITY. If any part of this Agreement is
found invalid or unenforceable by any court, such invalidity or
unenforceability shall not affect the other parts of this Agreement if
the rights and obligations of the parties contained herein are not
materially prejudiced and if the intentions of the parties can
continue to be effected. To that end, this Agreement is declared
' severable.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 15 of 17
SECTION 23. TIME OF THE ESSENCE. Time is hereby declared of the
essence to the lawful performance of the duties and obligations
contained in this Agreement.
SECTION 24. COUNTERPARTS. This Agreement may be executed in any
number of counterparts, each of which, when and executed and delivered,
shall be original but all counterparts shall together constitute one and
the same instrument..
SECTION 25. HEADINGS. All sections and descriptive headings in
this Agreement are inserted for convenience only and shall not affect
the construction or interpretation hereof.
SECTION 26. COMPLIANCE WITH LAWS AND REGULATIONS. In providing
all services pursuant to this Agreement, the parties shall abide by all
statutes, ordinances, rules and regutlations pertaining to or regulating
'~~ `~;
the acts contemplated to be perfdriit~d~~erein, including those in effect
and hereafter adopted. Any material violation of said statutes,
.ordinances, rules or regulations shall constitute a material breach of
this Agreement and shall entitle the non-violating party to terminate
this Agreement immediately upon delivery of written notice of
termination to the violating party.
SECTION 27. GOVERNING LAW. This Agreement shall be governed by
and construed, controlled and interpreted in accordance with the laws of
the State of Florida and the parties consent to venue in the Circuit
Court in and for Seminole County, Florida, as to State actions and the
United States District Court for the Middle District of Florida as to
Federal actions.
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 16 of 17
SECTION 29. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT. This
instrument constitutes the entire agreement between the parties and
supersedes all previous discussions, understandings and agreements
between the parties relating to the subject matter of this Agreement.
Amendments to and waivers of the provisions herein shall be made by
the parties in writing by formal amendment.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement for the purposes herein expressed on the date and year first
above written.
ATT T:
LORENZO-LUACES
Ci y Clerk
ATTEST:
MAK'4 RSE
C1 the Board of
County Commissioners of
Seminole County, Florida.
CITY OF WIP+TER SPRINGS
Y~
J F. BUSK, Ma~ror.
Da.:e,. ~~/3/~00~ .
5 `
'`-__' ABOARD OF COUNTY CONL~IISSIONERS
.~ ..~.
SE/ NOLE COUNTY, FLORIDA
l
By:
CARLTO HENL Chairma
Date: /D- ~ -~ 7
For the use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency
~,c~~ ~ /fir ~- o?
County Attorney
As authorized for execution by the Board
of County Commissioners at its ~-.~,r ,
20U 7, regular meeting.
SED/lpk
6/25/07
P:\Users\lkennedy\My Documents\Environmental Services\wholesale water wastewater-winter Springs.doc
Attachment:
Exhibit ~~A" - Map of Connection Points/Water and Sewer
City of Winter Springs and Seminole County
Wholesale Water and Wastewater Service Agreement
Page 17 of 17
- ~~ ~--
~ ~ 3 ..~.r vmxnxoTBS
~~ ~°w~ / ~ ~• -" ~ ~ 1. YMIAE 6EYATOI7 Yf lm w RY
Y^ ~ 2 ML MiR WYN 1Ug11M] ANO MNRIUMII~S 1'•~+~
..., ®o+ ~ ~ swu eosTwl ro AIO sAlu se wsrAltm,
3:2• _ _ _ _ _ _ _ _{~p]TaOt 11 / lES1Ef1 AN{ ttiNEY rw m1YOE s
s eroa~z 1€; i I __ _ - _~~°_ ~ __ _ _ _ - (T,y ~'°""' .( /^• i~ ww~ovwA~itwra ~w w ~ i
1 I. i \ 1 rNYRasolTAi M01¢I+sI. ~
` iii ~ I ~ 1\`1 /-~ Y
.' • '
/~.t~
I I I: y s'
W
I ~~` ~ ••`• cK ~ ~ •~•a•~ A Ip YANS SNNy 9E W OYpE A m tOaatAf AtL tT teat
I RAr , , • w is r•K NaROYTAE 06UNZ w Ai IiArT nYRE ((>) ALrAYP1E yMlts
1 ttCT rK1YFH1 TE OY190E w M MW1 AN
I ~1r...... .... .. ~, ' I, 1 1t~aI~t Y ruwatia°tr.°.Arius
p .tl+t.~ tiR ~ • • 5' .~ tA[ T w AND I1IE OYIlaE w ANY E1031t1{ w rROPOSED
1 .1j.• I 41 A'" W~ ~ SRW g/ER. STa11R'ArP ftRR YAN. a lK9WI WI..Rt]M
r....- I I .F; 1; ~ .- \ rEi ra
I:; .. :'. :' - ` 1N 'a 6 v1PE1RE Ca1£19N REElAYEY NAT0.
:.
II..... I ,~: ~t ~ .e•~ REau1tY ux{a rARr Y w aw1]R o-s+a
I, 1 '~"s'a'='.:,11 ` ~~r.. .tom ~ vwt
1 I' °liPr `"` E M1YI YNNS 511ALL X 1.1o m MOMOE A
1...... i ~ :'t~~,'~~';"!`'" \11 .tom, ~ ~
~~`/'~~ xoYmYTAL gSTANLE R AT lEA4T lO1
I ?:'::::::: ': -~' ~~`-•. `~ - ~,1f ~ tEEr YEnlml NE wTSa s x M/[31 YAN
1:...... i _ ,t.';o t ~ 11 / ANO na m>sos v ANr metro w rRwoao
i . / rAanw-r+PE SN{lARr tEYp.
I _.:•" le •AIi•IRtn ::.~
,i..:;':~ ~'i l•~'~:::• ;1:. •, s.• 11 ~m r ~ ..,t .~wlY G MiEll Y/iN5 4WL BE lAD 10 MYMOE A
1 .• 1 I I ..• ~~= c. 'NIAtEY:= s'SWRy:i ~- ~ ROIatANLLL O6TANC[ w Ai If UT to (ro]
... .r.. 1 ... .. .. {1a6~
I I tt .... .... ` iE[T, g1TEO1 TIE OIIIYO[ 611[ RAroI YAN
I -~...... .. -I.. I .. .V YNV YEKN<A •' ` 1 AYO TIE MSS 6 AIIr E)15016 a vROPOgD it4Y.rt.¢rJ.
- .r,,,. ...:. ..1.. r•: ~.:.r':•• • . N DfiTAII.'K aAwrr w rRnstrc TrrE wttwrr sr~Fa.
t1a<YC.... ~ "~~~
I ! ' _ I I... .:: ~.. r ~ r fl N 11 I~ttt n tO• !~ RASIEITAIFA raR YANI, a PoFt{I[ OONf1'tlc
f RERA{Np YAlpr NOT RLalA1ED NRR YMT tl
I _ I I _ _~ _ .... • t~iP Y O< wNlp 6]-{10. lJ~C 11E 1YIYIW
...
r. .I. • •..... •, j I ... ..l ~ ~ ~ ~ M~RR YAR6 NRI ~ytt TTE SWfIMI
wet 1~ - rlycY.w.... ... . ~:::~ ~~\ ~• A
I l'w.~~ .. .. nt'Att~.:::. ~: .... ~ ~ f` ~ MYERE 11E BOTIW~w TIE MTfA ~]6 UO
fa~ .. ... ..
~ . I I ....... .. ...f': ... . Y.rA ...:::...... .. ~ .... ....... ~ \~Q~. •~ J AT BAST Yt M {IDES AlOK TE >m O! NF r~ ~~11
I I I I ... I ~~~ J ~16t 'x ~ aYSR. `/
I l y I ... I I 1 •.:: • ~' ~ JZ b_ : 0. MiE11 YAWS SHALL M l/aD Rf MOMOE A
I " I' 1 1 I : ' ~' \ ` ~ : ' :; MOfEONTAL 06TANQ OT AT lFAST lEN (/0)
I :I:' ::'::: ':: :'.::. ~ .~.LMd .. ' I' "I""" i ; : :, _r iQY {[TYRII IK wTOOE w YIE Mtw YAN ~ E/]
1 ~'..`
~~ 1.~-, ~~%~~ y~ ANO Au otRa w utr EtarNe a twwostn
::::: '. ': ll~ '-' .. .. .~ ~ v awfrE arAa vEAndr AM avostA 1-yl
.I ....... :..:::~'::: .I. ~::: ':" ~. '{ L^:' l 5r51B1
I 1. ..'. .I..... ...: :t .~ ' ~ ~/
.. .~~+'
.. .
::. .:. .
I I I; v: :-. . - ... ..tT ..... J:.:• d} ,r~•?`.; - j .. ~/ ~ ~ ~ ~ ORAr11Y a rAaRM-T+rs wsrur
I . ...~ _ _.1 ....~ :, ~ s ' :'/:'' ~' / . a srpN 18101 sNA11 x tNO so TIE ~Qy,
...
I }1 ....... ....... 1.. ..... .............. I. ....... ~ ~ 1 ~_ ~ WISE w TIE M1FR YAN 6 Ai LEAS! Trd~
.. I '• ilk - _ _ _ ` y .: 4s,./`,~~g,~ :~' ~~.;~ ~ (13) NIf1a NOK rNC araPE w wE ONU W h~'1
~- i 1~,
I ~~ ~~ 1 1 1 i i ~• PWK
I 'l}" ""' I. I I 1 • .Y ' '~' '' ::~ ~:. B. MTFR YANS aos9tc AN1' fM11NC d
V
? ::::.:: y ..I•°" ~' ...y. r• • ..• Sf t ' ' • tA'.<:~~ rRarogo rRESSUIE *rvE MrrARr sEWnE 1y 0 ~
,.•:
---- ;f..... ::.,~: ~~. ~.... :..,: ,-.. . ~ ~ ~ f '•:' % ~ .i O~,? Mtlt'GT]I a tT1WRt1tY t1Jpl l~wYAN, dl I~_ A
~:. -
1: ~. ~......:. C:.7.: .,•:. ~~ ~' P'.•' ~~ .~, ~: ~ ~:~~ .. IN~D m ~ AIOI YIIwI YIS Al F~'1 ~L wWJI 1-~
..
.... 1 1 1 1 ~ . •. •~~ rW
s.mt.l.
~: ~ ~ ~,.
..
.. .. ,...I ... .............I. .1.... - )--~
•~"~_
I I. ~::.... .1. .:1~: ::.: :. ~::::.:.: ....,I :: , ~ . ;, ~~ A
.... r. ~ 'i :,
_ .~. .. .,. ..1 .. ..1..1. ..... ''~~ ~ ~:~ O
1 4t. Y 1 1 I i• ,~!.".' ':~ ~ •••~. =~~ O Fes'
_ ... !
,.
/, O
.. II '~ w~.aw
I Y}'~•
..` ^ '~. ;t+ 1 I I ~ I err / .: ~~
`~ ' ~, tr I •• .yWi^ ^ // / ~7' °'°!. a' f'.'t' ~' - r s• ar na~clr~NSOE~ .Ymslctmis wsT eE Mrlcsw .r. +,wl+. ...
::.\::,,'- .~`•y ~~~~ i••~ Oi ~~ /~/ ® T. ~ ~1FY~~NIPEEIm'MM Q
-:;, ` ... , .' .. -•-,!\~.^> ~ ~~al ~, ~ ~ i ~~ / SANITARY SEWER o
"~~ ~ pry.' i';:'~~ •.'j! ~ ~/ POINT OF CONNECTION o
:~•\ '..~.. ".. R : ; ~r' ~... SANITARY SfRIICl'I7EE TABLE nRasrRlNnaRNmra: ~
.... • ~ !' 0 %bt44. / ~.'/ i ~I.~su `r A uo~wli m~i Ar I~iE r~oN~i1p1MOa nR~ivtlo s ~ ~Ya~lnr r~oR ~
~'%'p t-1 SANITARI' CNIOP YANNOIE ~2 WOTARr YANNOIt nlE MNFilgr Np pp Ar A IONf 1-ROi NOE TR It00 ROOI.
c a NE nE ulE to lvtwaflo sNa{NS calf Ar R( tallYE fE+a+w atw
•\-- ~. •,? :% ,9, / 'nRru TOP o.. ]0.as my EL. 313] ~ .~...~ ,..A
' .% r / ' 6tl..p !" M NY.- 31Ni (DROP) 6' N NV.- ]AI! C W otro1 .1T9 tallCRw fWt t VI of RE aE ItE e.rR.
...... `' !' 511' NV.. 3T_SO {" S NV.~ T!m 0. iME ItE OOMRIYII m{CA YIMI t •{W fat rtlT OT ixE nC N+wMli er WWr
• • • ~ Q {' S NV.. 3].tOr: F YIr 1tE It[ OWIOm PY 1MC IYt YML N w-If vPG
. .:::.... fir; 9 ~ COIITRACIa ro tern rosy rRE eAY rttli At1Op[a a K nN uc. A ttuR ru+{. ry+ ~-~aY
• .• `y' I ,. Ev e' TEPIN ArW EocAmN ° t~aa m m'~ tE tsa.n n nY na .lt.mw otru+lYwr owE ti,.,...~." ..I~....
vM.. / .. MIOR ro EWSmUCIIw 5-] SAroTANY YANNQE K A SDAME Nwn1 YItIa r tmltp W .YrAU M+wt ttc
.~_ _ ~'~, ... •F/~ .®4 :~~~~ °".,' POTABLE WATER ~~ M.._m~{
~`• ' •`~ ®'~ •~ POINT OF CONNECTION ExxlaTT-A
8Efi Wa A74QN~' tORz
ExLSrHC waER uARi
SENiNOtE COUMY W-MFA SPPoNCS REDUCED PRESSURE 70NE
RESP SON~6RRY REiPON49171T ~16~pW PREVF/RER
sEE NmE 7~ BYPASS EINE .Q .
. rlow -~ 4
d d' ~ 4 dd d ~ d~ d d
d d 4
~~ fLOW ~i~ F1jJW-
.. ~ 4 d Q a d Q d ~ d 4
d
~- E%ISIING NA NNN ~ d d ~ d
'd' ~ d A ~ p
PLAN
fIANGED YEE m B1PASs
ABOVE CROON VALVE SNAIL BE RESWEHI WEDCE OS k Y CATS VALVES
CAIE VALVE WITH NON RIANG SfEAI ~ BmUCEO PRESSURE 20NE
BACIOLOW PREVENRIt
uv eENo
vALVE w/BOx ANO `sv eoro
caNC ca1AR
stEEVE ,NROUOI m mNrnEtE\ I ts' m w•
TO BE PROVOED (TYP.) FBCSHm RME
~I '~i .1 1. _ rr.:w...nY CHME ::. v':.~... ~:; r.. ..vr. _ :il," :n .... ..
• ~.. ..t• ~ ,~ r .. .. ...
- .. ..• ..., .. .u.,. .~~~.. y.
OUCRIF IAON PPE ApwS{A~E ) OIICRIE RMII PIPE
sv eEHO (~ R~Br~sj55EAelr)
no. _ RESnw1EO ,ro1Nr:
_- --- _ 1 RESIHNNEO JOINTS OYP) SECTION
- ~~
NOTES:
1. THE OWNER/CUSTOMER, AT HIS OR HER OWN EXPENSE, SHALL 5. PAINT ENTIRE ASSEMBLY BLACK AND FlNISH WITH 2 COATS
'
INSTALL, OPERATE, TEST AND MAINTAIN APPROVED BACKFLOW OF EXTERIOR ENAMEL. LABELS MUST BE PRO
iECTED.
PREVENTION ASSEMBLIES, AS DIRECTED BY THE WATER AND SEWER
DIVISION
ALL PIPE AND TTINGS
LABOR
AND APPURTENANCES 6. CONCRETE PAD SHALL EXTEND 3 FT. OUT FROM OUTSIDE EDGE
.
,
.
SHALL BE SUPPLIED AND INSTALLED BY THE CONTRACTOR. OF ABOVE GROUND PIPING, ALL AROUND, AND SHALL BE
MONOLITHIC AND CONTINUOUS.
2. ALL PIPE AND FlTTINGS THREE (3) INCHES AND LARGER SHALL BE 7, SEMINOLE COUNTY LINE OF RESPONSIBILITY AFTER SYSTEM IS ACCEPTED
RESTRAINED JOINT DUCTILE IRON PIPE. ABOVE GRADE JOINTS
SHALL BE FACTORY-FLANGED
BELOW GRADE SHALL BE BY REGULATORY AUTHORITIES AND SEMINOLE COUNTY SHALL BE UP TO THE
.
MECHANICAL RESTRAWED JOINT ENDS. DOWNSTREAM FLANGE OF THE MAIN ISOLATION VALVE AFTER THE WET TAP.
(SEE ABOVE DRAWING)
3. THE ABOVE GROUND BYPASS UNE SHALL BE SIZED FOR FlRE FLOW
REQUIREMENTS.
4. BACKFLOW PREVENTER REQUIREMENTS:
REDUCED PRESSURE ZONE (RPZ)
ISOLATION VALVE AS SHAWN ABOVE
~.
]1f OOIILf AK fA f1A
N./.W W f[ frf~l0
111ArllOQR~ n 0
IAOMI( WAILfItl
aerrrrir.rlr. a
11~,11rW,Y,grL wrn
yHV
r~
pQ v
H
~ o~ A
w
O
A O
x
D
D
r...w.
e.a.lti,
w ,~hflr
....,.
.r..l.. M,IS,r,.,
EXIiIBIT-A
aOFa