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HomeMy WebLinkAbout2007 07 23 Consent 206 Wholesale Water and Sewer Agreement With Seminole County COMMISSION AGENDA ITEM 206 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR x July 23, 2007 Meeting REQUEST: Utility Department Requesting the City Commission Approve the Wholesale Water and Sewer Agreement with Seminole County PURPOSE: The purpose of this Board item is to request authorization to execute the Wholesale Water and Sewer Agreement with Seminole County to provide water and sewer services to Parcel 14 near the Oviedo Marketplace PUD. CONSIDERA TIONS: This agenda item is needed for the City to provide water and sewer services to Parcel 14 on Dovera Drive which is proposed to be developed as office buildings (Inwood Office Building) and townhouses. This agreement formalizes the prior directives from the Commission that have occurred during the annexation and approval processes for this parcel. While it is technically feasible for the City to provide water and sewer from the City system through the Duncan Drive area, providing these services though Seminole County with a wholesale agreement is the most efficient and economical alternative. The County had stubbed water and sewer service to this parcel during the construction of Dover a Drive eliminating the need for a sanitary sewer lift station ($lOOK) and any off site water and sewer line upgrades ($75K). While the County was willing to provide service directly to the residents/office buildings, it is prudent for the City to own the on site water and sewer systems since the City will be providing all other governmental services including, garbage, stormwater, public safety, and development services. 072307_ COMM _Consent _206_ Sem _Co _ Water-Sewer _ Wholesale_Agreement Consent Agenda Item 206 July 23, 2007 Page 2 The agreement is structured so that the City will provide a breakdown of the monthly meter readings and the County will bill the City based on those readings. The County wholesale rates for water and sewer are $1.13 and $2.80 per 1,000 gallons, respectively. The current rates charged by the City are $1.11 and $3.16 per 1,000 gallons, respectively. Obviously, the City's rates will need to be adjusted for this parcel to reflect the wholesale rates. We expect to be soliciting RFP's for a water rate study in August which will include wholesale rates in the scope of work. A consultant recommendation to the Commission in projected for September. The office building project on Parcel 14 is approximately 9 months from needing service. If the rate study is not complete by that time, an interim rate for this parcel will be brought to the Commission for billing purposes. IPARCEL 14 I ,----- /' /",,---- ...,_.~ l FUNDING: No funding is needed for this interlocal agreement. Consent Agenda Item 206 July 23,2007 Page 3 RECOMMENDATION: It is recommended that authorization be given to execute the Wholesale Water and Sewer Agreement with Seminole County to provide water and sewer services to Parcel 14 which includes the Inwood Office Building and a proposed townhouse project subject to final review by the City Attorney and any minor changes. IMPLEMENTATION SCHEDULE: Execution of the agreement will allow the permitting to proceed. Staffwill bring back to the Commission within six months the proposed water and sewer rates for this parcel that reflect the impact of the wholesale rates. ATTACHMENTS: 1. Draft of Interlocal Agreement for Wholesale Water and Sewer with Seminole County COMMISSION ACTION: CITY OF WINTER SPRINGS AND SEMINOLE COUNTY WHOLESALE WATER AND WASTEWATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of 20 by and between SEMINOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County hereinafter referred to as "COUNTY," and CITY OF WINTERSPIDrN "0 '" J1" a Services Building, 1101 East First Street, Sanford, WHEREAS, COUNTY owns and opera~~s 434, Florida municipal corporation, whose address Winter Springs, Florida 32708, hereinafter as "WINTER SPRINGS". and wastewater system located in Seminole County, FI ,,~, ;~ aBed, WHEREAS, COUNTY has avai la fer capacity adequate to serve future customers of WINTER~SPRINGS; WHEREAS, COUNTY capacity reserved and available at the Iron Bridge R~~aon stewater Treatment Plant owned by the City of Orlando and locate'a,.~n Seminole County, Florida; and and was WINTER SPRINGS wishes to connect to the COUNTY's water stem and purchase water and wastewater capacity on a s 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 18 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 o~~~ 2.1 "Agreement" means this ci ty of Winter sp\ings) ^ 'l;. County Wholesale Water and Wastewater Service Agr,~xment " 't may from 2.2 "Collection Facilities" means pipes, meters and time to time be modified. "County Wastewater 'in,~;:;tined by WINTER SPRINGS appurtenant equipment owned, operated to collect wastewater and same to the COUNTY's Transmission Facilities. 2.3 COUNTY's Transmission Facilities and the COUNTy!Jp allocated wholesale capacity at the Iron Bridge Wastewater0~rea p:JJ'ant. 2.4 System" means those production and Transmission FacilitieEl'owned and operated by the COUNTY. 2. 5 '\D+str,~bution System" means those lines, pipes, meters and all 6th, a1i?purtenant equipment and facilities used to distribute ,,'ec "'<, "-. J ''''''".'' ""_.. potable"wa,ter 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 18 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 2.9 "Transmission Facilities" means those used by SPRINGS' point of connection. mains, pumps, meters and appurtenant equipment a~;~:;, 'S():9:hection at the COUNTY to transmit wastewater from the WINTER SPRINGS Collection Facilities to . ridge Facility or another COUNTY wastewater treatment those fees and charges established and collected by for wastewater service capacity sold hereunder. 2.11 "Wastewater se:J;vice Capacity" means the amount of wastewater flow i"'- iri' GPD which WINTER SPRINGS wishes to purchase from which COUNTY agrees to accept in its accordance with this Agreement. Connection Fees" means those fees and charges es~!abLi s soldh,ere4pder. collected by COUNTY to pay for water service capacity 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 18 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 anS1;,.. >, ~ter % .!i' ~ service to WINTER SPRINGS for WINTER SPRINGS to S"erVlce ittFl future SECTION 4. TERM. This Agreement shall (10) years from the date of execution;..ii:~ effect for customers. ten the parties and shall be renewable for additional peri (10) years each with the mutual consent 'es shall have the option to terminate this Agreement b less than sixty (60) days advance written notice of date of termination in the manner specified in Secti<Dr.h 21 hereunder. SECTION 5. "". . w__ ....':.. --".',-,. '.', ",: RO~ISI~N QF WATER SERVICE CAPACITY. COUNTY shall manner an~ subject Ca'pacity to WINTER SPRINGS in the following provide Water e following terms and conditions: The parties acknowledge that WINTER SPRINGS has Water Service Capacity needs of GPD from COUNTY' water system. The COUNTY's obligation to provide the future needs of 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 18 this Agreement. If Water Connection Fees are not paid, all rights and obligations to the water capacity purchase of 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 additional $>', proviged, " ear before October 1, 2008, and annually thereafter, a projection of its Water Service capacity needs. d,. .".. (c) The COUNTY agrees to provide WIN+~~ SP to reserve and purchase GPD of by payment of applicable Water Connection Fees; er, that WINTER 5.2 0 eration and 'H}',;\$arS prior to the date SPRINGS notifies the COUNTY at least t that such additional y capacity not purchased by WINTER SPRINGS on or befor date of this Agreement intenance of Production and Transmission Facilities. ..f....... ,g S,PRIW3S ~hal1 be responsible for the operation, including the point connection to the COUNTY's Production and "" .'/ Transmission Facilities. Said point of connection is depicted on the of the Distribution System up to and maintenance and ereto and incorporated herein as Exhibit "AN. (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 18 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 '" ~ '. ff shall record flow with an error rate not exceeding +plus'or m,lnus two make and type suitable for billing purposes. The percent (12%) of full scale reading. In ny billing adjustment, the COUNTY shall assume that t41~m~t~ring equipment 6. ~. 0"'", inaccuracy existed for one-half (1/2) of,! 'the"", re time interval adjustment shall be made at the rq.,te;, party. A billing between metering equipment accuracy che in accordance wi th Sect ion 7 hereof. The volumEr''4sE?i~ in die billing calculations shall be adjusted as described herein. f~ (c) WINTER S.p~.INGS, at its expense, shall periodically "'.,.". '- dff' inspect and test hei~et'e~i~'€r"" equipment I at intervals recommended by results of. any meter requested by COUNTY. Written the manufacturer shall be provided by WINTER SPRINGS , <: to COUNTY wibh.:in ,):en (10) days of such inspections. "5,. er Service The parties agree that after connE>c;tlon of WINTER SPRINGS' Collection Facilities to the COUNTY's productlon 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 18 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. (a) As to the GPD of Water \.. ....'. ,ltP Service ~Capac~ty~,reserved SECTION 6. WATER CONNECTION FEES. pursuant to subsection 5.1 herein, WINTER SPRI1;'l~S pay COUNTY thereof. WINTER SPRINGS ~'hqljk ".,atuthe time Water Water Connection Fees at the COUNTY rate Connection Fees are paid to the COUNTY. (b) WINTER SPRINGS shall "CqUNTY Water Connection Fees upon execution of FDEP permit capacity or any portion responsible for the collection of the Water Connection" ,Pees for each unit to be servedj fr"'" the Wa~~r Connection Fees shall not relieve WINTER 'if. '" "- lig~ti6~ ~pay the COUNTY for the Water Connection failure to collect Fees as agreed her SPRINGS from its SECTION 7. ESALE WATER USER CHARGES. COUNTY agrees to provide wafer" seJ;'yice Capacity for use by WINTER SPRINGS in accordance and conditions set forth herein for a charge of $1.13 per l,CfOO,. gallons of water. COUNTY agrees to bill WINTER SPRINGS monthly 'based upon the number of gallons of water which pass through each meter each month. WINTER SPRINGS agrees to provide COUNTY with billing summaries of each account provided service within days The billing summary for each metered service account of shall include the meter reading for the prior month, the current meter City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 7 of 18 reading and the total gallons billed for that meter. WINTER SPRINGS agrees to pay for all water transmitted to the COUNTY's Production and Transmission Facilities at this rate and make payments to COUNTY within forty-five (45) days from the date of the COUNTY's bill. Failure to do so shall be considered a default by WINTER SPRINGS and SECTION 8. I,::""::'::' .. '\",il> PROVISION OF WASTEWATER SERVICE <jt.""CAPA~tTY... ~COUNTY processed as set forth in Section 17 herein. shall provide Wastewater Service Capacity to W;r~:;UER GS in the ':<:;" following manner and subject to the following te~sal;1~}:conditions: 8.1 Capacity Purchase. (a) The parties acknowledge.'. SPRINGS has proj ected future Wastewater needs of GPO of COUNTY's water capacity alloca.tipl}. Iron Bridge Facility. The COUNTY's obligation to provide the..:f;,r.lture needs of GPO shall be ;ffF~~ ;: contingent upon WINTER S$P~INGS' payment to the COUNTY of applicable '" this Agreement. ", "', on the COUNTY's execution of the FDEP Wastewater Conne permit applicatio capacity or any portion thereof during astewater Connection Fees are not paid, all rights andol{ligp.tions to the wastewater capacity purchase of s Agreement shall be terminated to the extent that such wastewafe~ 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 GPO of additional capacity by payment of City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 8 of ~8 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. SPRINGS shall be responsible for the .f1~ operation,'" and 8.2 Operation and Maintenance of Collection replacement of its Collection Facilities incluq:l,)!:lg ." ... aster 1 i ft station to the point of connection to Transmission Facilities. Said point of connection is the map attached hereto and incorporated herein as Exhibl,!:t:" 8.3 Wastewater Service Ca parties agree that after connection of WINTER on Facilities to COUNTY's Transmission Facilities as prov~C;i~d herein, the COUNTY shall continuously provide -~ tO~WINTER ...'~'er~ SPRINGS in accordance with this Agreement, Wastei~fateri: ~ ", '" Capacity which complies with all applicable govern .,tal ~~, 't, r€quirements; provided, however, the COUNTY's obligation shall be c sistent with and not greater than the COUNTY's obligationbo PFovide Wastewater Service Capacity to the public ge:ge'FaJl pon connection of WINTER SPRINGS' Collection Facilities to CbUNTYo!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. City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 9 of 18 SECTION 9. WASTEWATER CONNECTION FEES. (a) As to the GPD of Wastewater Service Capacity reserved pursuant to subsection 8.1 herein, WINTER SPRINGS shall pay COUNTY Wastewater Connection Fees at the COUNTY rate in effect at the time Wastewater Connection Fees are paid to the COUNTY. Connection Fees upon execution of FDEP permits foi':' ~ai '">.,,,. Wqste'~p.ter ,\~" C'ity or (b) WINTER SPRINGS shall pay to the COUNTY any portion thereof. WINTER SPRINGS shall be s,o ly re~fpnsible for ~;V'.. r ~ach unit to be '~~r the collection of its Wastewater Connection Fee's relieve WINTER SPRINGS from its obligayibq Fees shall not served; failure to collect its Wastewater COUNTY for the c.'._ _,':.' ~,/i'" Wastewater Connection Fees as ag;eeqj} 11 reiq,:' ," -."" ,,", SECTION 10. WHOLESALE WASTEWATER CHARGES. COUNTY agrees to '-; ,i~:;;;.. '.' provide Wastewater Service capac:tt;yi'" for use by WINTER SPRINGS in ~ accordance with the term~~~nd conditions set forth herein for a charge , 'Y"", "'-.e of $2.80 per 1,0'00 4,allo;J;"ls )~f wastewater. COUNTY agrees to bill WINTER SPRINGS morithty b~s~d upon the number of water gallons metered WINTER ,'SPRINGS. WINTER SPRINGS agrees to pay for all to the COUNTY's Transmission Facilities at this to COUNTY within forty-five (45) days from the Failure to do so shall be considered a '''' ~t default "by WINTER SPRINGS and processed as set forth herein. SECTION 11. RETURN OF UNUSED CAPACITY. If WINTER SPRINGS is unable to use all or any portion of the Water and/or Wastewater Service Capacity reserved hereunder, WINTER SPRINGS may request in writing to return said surplus to COUNTY. The COUNTY may purchase City of winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 10 of 18 such surplus capacity from WINTER SPRINGS at the rate originally paid by WINTER SPRINGS for said Water and/or Wastewater Service Capacity. WINTER SPRINGS shall not be entitled to nor shall receive any interest on the fees or charges paid to the COUNTY. The COUNTY may defer the purchase thereof until it has identified a qualified customer or w~e", ..,..d/ or '" '\. 1;-" ~:. "$' t;he Water customers ready, willing and able to pay the applicable Wastewater connection Fees and until said customer Bas and/or Wastewater Connection Fees. '" SECTION 12. CHANGE OF RATES. In the evept .Om!TTY during this ~. forward to WINTER SPRINGS a copy. of the next billing period after 'Eh~:::~.ffe am.etrded rate schedule Agreement proposes a new rate schedule applicable to wholesale water or wastewat~f ice, the COUNTY shall rate commencing with e date. The purpose of this Section is disclosure only and shB,itl not grant WINTER SPRINGS any right ~~- to appeal any rateNncrease. COUNTY hereby declares that said ....,....,... "- ,~ are not i exd~s~::...of;ffhe lowest rates now available to any or wastewater service and rates prospective custo agrees that, during SPRINGS shall continue to be lowest available rate for equivalent wholesale water or wast ~ECTJON 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 City of Winter springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 11 of 18 SPRINGS shall ensure that wastewater discharged into the COUNTY/s Transmission Facilities complies with the pretreatment requirements of Seminole County Codel Part 51 Chapter 2701 known as the "Industrial Pretreatment Ordinance" or the "Seminole County Wastewater System Rules". WINTER SPRINGS shall comply with applicable Federal and State 40 of Chapter pretreatment regulations and standards, including, but nO~",l Code Federal Regulations and 62-2€5, and local laws, F~,geral, State Administrative Code. WINTER SPRINGS shall comp statutes, ordinances, rules and regulations relating to use of and dischar ;:COUNTY/s water and wastewater system as may be adopted time by governmental entities. COUNTY shall SPRINGS with copies of applicable COUNTY ordinances, rules and regulations now in effect and as same may be adopteq;;!'br amended by COUNTY from time to (b) The t~ w,* ''t '''''''''' , "\ d?' agb~e ~at a violation of said Seminole County time. Wastewater 'fua:y not be construed as a defaul t by WINTER SPRINGS hereunder ded this discharge is not the fault of WINTER SPRINGS anaWIN'r:ER SPRINGS uses due diligence and emergency police pO'1:ersa ""_ \uiJ::'ed to ensure such discharge is discontinued and future '" H"~'Jjj; potenticilpischarges 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. City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 12 of 18 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. SECTION 16. ASSIGNMENT. This Agreement shall be binding on the SECTION 17. DEFAULT. ;Lther W parties hereto and their representatives and party shall assign this Agreement or the rights and to any other party. (a) Either party to this Agreement,#~ ~ "%. default by the other, shall have all :remEi!d"'. '", thE;'!;event of or act of vailable to it under injunction to prevent but not limited to, the laws of the State of performance to enforce this Agreement, subject to State law. ~n!.i; (b) In the event 0~a default by WINTER SPRINGS, COUNTY agrees "'. that it shall no... dis'Corltd.n service to WINTER SPRINGS provided all payments for servi hereunder are made by WINTER SPRINGS and until such time of competent jurisdiction has rendered an adjudicatioU\,pffefault . In the event WINTER SPRINGS disputes the amoUnt for service pursuant to this Agreement, WINTER SPRINGS shall.cOntJnue 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 City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 13 of 18 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. 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"'b.f GQd or SECTION 19. PUBLIC RECORDS LAW. rE!Under; force majeure, then said party shall not be in provided, however, that performance shall such event ceasing its effect. E allow public access to all documents, papers, r material which have been made or received in conjunctio "J;:,hiis Agreement in accordance with Chapter 119, Florida Statutes ;', SECTION 20. CONFLICT OF INTEREST. (a) The parties a that they will not engage in any action that would creat dg~?lic~f interest in the performance of their obligations pursu to 'this Agreement or which would violate or cause others to violate provisions of Part III 1 Chapter 112, Florida to ethics in government. hereby certify that no officer, agent or empldye~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. City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 14 of 18 (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. SECTION 21. NOTICES. Any notice required or allowed to be For WINTER SPRINGS: , ~, delivered hereunder shall be in writing and be deemed to when either (1) hand delivered to the official herelhaft ignated, or (2) upon receipt of such notice when deposit <qp.ited States mail, postage prepaid, certified mail, requested, addressed to the party at the address set . .beJ)Ow or at such other address as the party shall have specifieS!: ritten notice to the other party delivered in accordance Ronald W. McLemore, City Manag~r' City of Winter Springs~ 1126 E. S.R. 434 ,~ Winter Springs, FL 327D~ ~ ~.. Seminole CountY,~ager Semi~ole County S~rvices Building 1101'E;\:!'.First Street Sanford;. FL,,32771 For COUNTY: . 'wi opy to: "getnT:'Qole 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 City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 15 of 18 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. SECTION 23. TIME OF THE ESSENCE. Time is hereby declared of the \( contained in this Agreement. essence to the lawful performance of the duties .F SECTION 24. COUNTERPARTS. This Agreement. be ~xeGuted in any up number of counterparts, each of which, when an~'ie~:c~~;1 and delivered, HEADINGS. one and shall be original but all counterparts the same instrument. SECTION 25. descriptive headings in this Agreement are inserted only and shall not affect the construction or interpretationh~i'eof. Ki1"'" , m SECTION 26. COMPL~CE WITH LAWS AND REGULATIONS. In providing " :'c';_: ."~',,-\_\,/~ all services pursf~nt ~o t~ls~Agreement, the parties shall abide by all L; the acts contemplated '-. . and regulations pertaining to or regulating statutes, ordinanc be performed herein, including those in effect and hereaft~r agopted. Any material violation of said statutes, les or regulations shall constitute a material breach of ent 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 City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 16 of 18 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. SECTION 29. ENTIRE AGREEMENT: EFFECT ON PRIOR AGREEMENT. This instrument constitutes the entire agreement between the pa:S,ties and supersedes all previous discussions, understandings ;~..~,' reement. between the parties relating to the subject matter6f t Amendments to and waivers of the provisions her,~? shal.;L,,;2; be made by "" ~~ the parties in writing by formal amendment. above written. h~~et6, have executed this if . ... ... \\ '", o e date and year first IN WITNESS WHEREOF, the parties Agreement for the purposes herein ATTEST: OF WINTER SPRINGS f!F:~ ANDREA LORENZO-LUACES City Clerk $,\\ "" JOHN F. BUSH, Mayor Date: {Balance of Page Left int~ptionally Blank; Attestations Continued on Next Page] City of Winter Springs and Seminole county Wholesale Water and Wastewater Service Agreement page 17 of 18 ATTEST: MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney SED/lpk 6/25/07 P:\Users\lkennedy\My Documents\Environmental BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY, Chairman Date: As authorized for executioD., by. th~:;;Board of County Commissio~~rs a 20 , regular meeti:ng: ter wastewater-Winter Springs.doc Attachments: Exhibit "A" - Map of Connectib,n.Poin Exhibi t "8" - Map of Connectioh.,PoiI;].t City of Winter Springs and Seminole County Wholesale Water and Wastewater Service Agreement Page 18 of 18 . ! CITY OF WINTER SPRINGS AND SEMINOLE COUNTY WHOLESALE WATER AND WASTEWATER SERVICE AGREEMENT THIS AGREEMENT is made and entered into this day of 20 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". WIT N E SSE T H: WHEREAS, COUNTY owns and operates a water and wastewater system located in Seminole County, Florida; and WHEREAS, COUNTY has avai la /water 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 . 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. T' 2.3 "County Wastewater Sy means the COUNTY's Transmission Facili ties 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 "GPO" 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 FacilitiesH 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 Facili tiesH 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 FeesH means those fees and charges established and collected by COl!!'t,l:X to pay for wastewater service capacity sold hereunder. )'<:~>- 2.11 "Wastewater Service CapacityH 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 FeesH means those fees and charges established and collected by COUNTY to pay for water service capacity sold hereunder. 2.13 "Water Service Capaci tyH 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 pro~~~ing not less than sixty (60) days ':.17 advance written notice of the ~.:E:d~:G~ive 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 Capacity 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 GPO 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 by WINTER SPRINGS on or before t~~7~~rmination date of this Agreement shall be available for other COUN~ ses. 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 (t2%) 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 Section 7 hereof. The volume use. the billing calculations shall be adjusted as described herein. (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 shalJ,~,i"" be solely responsible for the r.^~ :( "v_,~ ., I. collection of the Water connecti~nl~'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 capaci ty allo<;~ion at the Iron Bridge Facility. s'. -.- 'X The COUNTY's obligation to provi R~ future needs of 4,500 GPO shall be contingent upon WINTER SPRINGS' payment to the COUNTY of applicable Wastewater Connection Fees upon the COUNTY's execution of the FOEP 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 I, 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 "Au. 8.3 Wastewater Service Capacity. The parties agree that after connection of WINTER SPRINGS' Collection Facilities to COUNTY's Transmission Facilities as p:r::9~,~ed herein, the COUNTY shall continuously provide to WINTE~ P~INGS 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 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 servedj 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 $2.80 per 1,000 gallons of wastewater. ,..../""';" "'-,}' COUNTY agrees to bill WINTER SPRINGS monthly based upd~' 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. I f 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 theo;,tQX"est rates now available to any , ~ . . ?~' . ~ prospective customer under wholJS'~l~~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 Wastewater System Rules may not \: onstrued as a defaul t 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 her~~9:er are made by WINTER SPRINGS and /.\ I /\ until such time as a court of cG~~~~ent 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 iJ);t;erest in the performance of their obligations pursuant to this Agree ,<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 I 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: Seminole County Manager Seminole County Services Buia:' 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 It 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 r~g~~tions pertaining to or regulating the acts contemplated to be perfd ::;jjherein, 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. CITY OF WINTER SPRINGS By: ~~ A LORENZO-LUACES Clerk BUSH, Mayor DCl,M~:\ ATTEST: j:BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA By: CARLTON HENLEY, Chairman MARYANNE MORSE Clerk to the Board of County Commissioners of Seminole County, Florida. Date: For the use and reliance of Seminole County only. As authorized for execution by the Board of County Commissioners at its 20 , regular meeting. Approved as to form and legal sufficiency. 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FOR i " :I: I HUNTON BRADY ARCIllTECTS ~ h~i~ Weeks 0 - l Z = :of ,. . ." t:l:l ,~i~P :~~~I~ ...., ........... " ::i UTIU1Y DETAILS ::. PER 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. 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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