HomeMy WebLinkAboutCity of Orlando- Intergovernmental Agreement-1976 12 22
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eFri~k~'~(.1 ,:),'~~COI!ICITY OF ORLANDO/\,JINTER SPRINGS
INTERGOVERNHENTAL AGREEMENT
THIS AGREE~lliNT, Made and entered into thisj~~~day of
7>..-r"'-..nl,.J , A.D., 197{, by and between the CITY OF ORLANDO,
a municipal corporation organized and existing under the laws of
the State of Florida, hereinafter referred to as "ORLANDO", and
the CITY OF WINTER SPRINGS, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida,
hereinafter referred to as the "AGENCY".
WHEREAS, the CITY OF ORLANDO has a Grant Agreement with
the Unit~d States Environmental Protection Agency (EPA) for pre-
paration of plans and specifications for a regional Wastewater
Treatment Facility, which facility is to serve ORLANDO and the
AGENCY. as well as other governmental agencies; and
WHEREAS. ORLANDO is the lead applicant in the process
of completing the 201 Facility Plan Work for the wastewater
facility as it pertains to the AGENCY. as well as other govern-
mental agencies; and
WHEREAS, the AGENCY wishes to participate in the 201
Facility Plan Work as it pertains to the AGENCY. all of which is
described in the attached copy of the 201 Grant Application; and
WHEREAS. in order to complet~ 311 work necessary under
the 201 Facility Plan in a timely manner so as to comply with
EPA time requirements, work done by the AGENCY must be completed
on or before the dates indicated in the attached schedule.
WIT N E SSE T H
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1. 201 FACILITY PLAN WORK.
a. The AGENCY agrees, at its expense, to do or to
have done by its consultants the work described in the attached
201 Grant Application. Such work shall be completed in a manner
in compliance with federal regulations, and the individual element
of such work shall be completed and submitted to ORLANDO in a
form, meeting federal regulations, on or befor;' the date speci-
fied therefor in the attached exhibit.
b. In the event any work to be completed by the AGENCY
is not completed in compliance with federal regulations, is not
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submitted in a form meeting federal regulations, or is not
submitted to ORLANDO on or before date such work element is due
to be submitted to ORLANDO, which failure or failures are the
direct responsibility of the AGENCY; then, and in that event,
the AGENCY agrees that the portion of the 201 Facility Plan
heretofore prepared by ORLM~DO corresponding to such work which
was not properly or timely completed by the AGENCY shall be
conclusively deemed acceptable to the AGENCY and shall be sub-
mitted by ORLArmo as a portion of the lead applicant' s total
201 Facility Plan. The AGENCY also agrees that in the event it
fails to properly or timely complete a portion of the 201 Facility
Plan, it will reimburse ORLANDO for all provable additional
expenses incurred by ORLANDO for additional work by ORLANDO or
it consultants resulting directly from such failure of the AGENCY
and not others.
c. Failure of the AGENCY to pr.0perly or timely completE
any work element shall not impair its rights to participate in
any other work element as described in the attached schedule.
2. IMPLEMENTATION PLAN.
Both ORLANDO and the AGENCY agree to negotiate in
good faith with other governmental entities involved in the 201
Facility Plan to develop an implementation plan which will be the
most beneficial and cost effective for all the governmental
entities involved, and will be in accordance with all the pro-
visions of Public Law 92-500.
3. CASH FLOW.
'.
a. The AGENCY agrees to submit to the EPA, through
the City, requests for payment for work completed under the 201
Facility Plan in accordance with the attached 201 Grant Applicatio
as approved by EPA, and in a form which complies with federal
regulations.
b. ORUU~DO agrees to submit applications to EPA
for payment in accordance with requests received pursuant to
subparagrapp a above, such applications to be submitted by ORLANDO
no less often than once each month.
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c. No later than fifteen (15) days following
receipt of funds from EPA for payment to the AGENCY, ORLANDO
shall transmit such funds to the AGENCY. ORLANDO shall have no
duty to deliver any funds to the AGENCY unless and until such
funds are delivered to OPJANDO by EPA for the account of the
AGENCY.
d. ORLANDO'S duty to transmit funds to the AGENCY
as herein provided is to be construed as an obligation personal
to the AGENCY and shall be enforceable only by the AGENCY or any
state or federal governmental agency involved in the project.
Such duty to transmit funds shall not be construed as creating
any rights against ~he CITY OF ORLANDO in favor of any consultant
or contractor employed by the AGENCY or any other governmental
agency.
4. CHANGE IN SCOPE.
In the event the AGENCY wishes to change the scope
of the work described in its application (at~ached as an exhibit
hereto), the AGENCY shall immediately notify ORLANDO in writing.
ORLAllDO agrees to submit such proposed changes to EPA for its
review and determination as to whether such changes are feasible
considering all relevant time and project restrictions. The
AGENCY agrees to pay all direct costs in~ur~ed by ORLk~DO for
revising the said grant application. Upon being notified by EPA
of EPA's determination as to the feasibility of such proposed
changes, ORLANDO will promptly notify the AGENCY of the determina-
tion. '.
5 . HOLD HARMLESS.
The AGENCY hereby agrees to indemnify and save
harmless the CITY OF ORLANDO, its officers, agents, consultants,
and employees from and against any and all liability, claims,
demands, expenses, fees, fines, penalties, suits, proceedings,
actions and costs of actions, including attorney's fees and
attorney's fees on appeal, of any kind or nature arising or
growing out of or in any way connected with any and all acts of
omission or commission of or by the AGENCY, its officers, agents,
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consultants, or employees when acting pursuant to lawful authorit)
The AGENCY agrees that in the event an audit or review of the
project or any portion thereof is performed_by the EPA, or by any
.. ., .:' other federal or state agency and such audit or review results
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. in a demand for a refund of any monies paid to the AGENCY through
ORLM~DO, the AGENCY agrees to refund any such sum of money finall}
determined to be due to the federal government and agrees in such
a case to indemnify and hold ORLANDO harmless in the manner set
out in the preceeding sentence.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be duly executed by their authorized represenafives
as of the date first above written.
ratic
BY
form and
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MARY 'Y. NORTON, City C;le~
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