HomeMy WebLinkAbout1227-Jt. Participation w/Lk Mary re: Reclaimed Water/;?1q 7
JOINT PARTICIPATION AGREEMENT
BETWEEN THE CITY OF SANFORD AND THE CITY OF LAKE MARY
PROVIDING FOR RECLAIMED WATER
INTERCONNECT A' 'VILSIT!
THIS AGREEMENT is made and entered this ay of , 2008, by and
between the City of Sanford, Florida, a Florida municipal corporation ocated at 300 North Park
Avenue, Sanford, Florida 32771 hereinafter referred to as "Sanford" and the City of Lake Mary,
Florida, a Florida municipal corporation, located at 100 North Country Club Road, Lake Mary, �*
Florida 32746 hereinafter referred to as "Lake Mary".
RECITALS:
Whereas, the City of Lake Mary (Lake Mary) has requested interconnection to the City of
Sanford's (Sanford) reclaimed water system and wholesale - reclaimed water service from
Sanford; and
Whereas Lake Mary has expanded reclaimed water service to the Lake Mary Woods
Subdivision and may expand service to other potential areas; and
Whereas, the parties desire to enter this Agreement so as to enable the parties to continue
to enjoy the mutual benefits it provides.
Whereas, the City of Lake Mary/City of Sanford Irrigation Lease Contract No. S -88 -2, as
amended, shall remain in effect and unchanged, except as amended and /or modified by the
specific terms and conditions contained in this Agreement.
Whereas, the Joint Participation Agreement as amended between the City of Sanford,
City of Lake Mary and Seminole County, providing for potable water, and reclaimed water
distribution infrastructure shall remain in effect and unchanged, except as amended and /or
modified by the specific terms of this agreement.
Now, Therefore, in consideration of the mutual understandings and agreements contained
herein, the parties agree as follows:
1. Connections to Sanford's Reclaimed Water System.
1.1 Attached hereto and incorporated herein by this reference as Exhibit "A," is a
description of the connections to Sanford's system including location, the type of
customer, service use, and estimated average usage in annual average gallons per
day (gpd).
1.2 Attached hereto and incorporated herein by this reference as Exhibit `B" is a map
depicting the properties to be served by the interconnections described in Exhibit
"A" and points of connection.
1.3 It will be the responsibility of Lake Mary to obtain written approval and such
agreement as shall be necessary to connect the reclaimed water system to the
Sanford System.
2. Capital Costs. Lake Mary will be responsible for the payment of all costs germane to the
physical interconnect to the Sanford System and for providing all meters.
3. Volume and Delivery of Reclaimed Water.
3.1 Except as provided in paragraphs 3.2 and 3.3, Sanford will deliver, and Lake
Mary will accept and use, an estimated volume of 0.9 million gallons of reclaimed
water per day on an annual average daily flow basis. The reclaimed water shall be
delivered to point(s) of connection as shown in Exhibit "B ", at such connection
points as identified. Both parties recognize that weather conditions and /or
unforeseen circumstances beyond the control of the parties may necessitate
temporary interruption of reclaimed water delivery and attendant usage.
Interruptions permanent in scope will require immediate written modification of
the volume and delivery term of this Agreement.
3.2 Should Sanford's reclaimed water transmission and /or distribution system fail for
reasons or events beyond the City's control, or during periods when Sanford is
performing required maintenance or repairs to the reclaimed water system, then it
is understood that delivery of reclaimed water, under the requirements of this
Agreement, may be interrupted or limited in quantity. Sanford shall utilize every
effort to minimize downtime of the reclaimed water system and to restore the
system to full capacity. Sanford shall immediately provide Lake Mary telephone,
email, or facsimile notice of date and projected downtime. Sanford may
temporarily suspend delivery of reclaimed water should the quality of the
reclaimed water exceed any of the standards for water quality under Chapter 62-
610, Part III, Florida Administrative Code. Nothing in this Agreement shall
prevent Lake Mary from implementing a permitted backup supply of reclaimed
water.
3.3 Sanford retains the right, to enact necessary conservation strategies, including, but
not limited to, designating odd /even watering days, reducing the system operating
pressure and instituting rolling service blackouts. Lake Mary shall cooperate with
Sanford in the implementation of these strategies with Lake Mary customers if
such conservation strategies become necessary. Sanford will provide Lake Mary
prior written notice of such reduction strategies including volume reduction and
duration when known.
3.4 Lake Mary acknowledges that at the Weldon Boulevard service connection
service may be interrupted by events beyond the control of Sanford by reason of
the proximity of Seminole Community College's (SCC) reuse distribution system.
Lake Mary will cooperate with Sanford and SCC as is required to improve the
reuse distribution system if and when SCC moves forward with a new road
2
corridor connecting Weldon Boulevard to College Drive.
4. Meters. Sanford will be solely responsible for the ownership, operation, maintenance,
and costs associated with the existing eight (8) master meters.
5. Reclaimed Water Charges.
5.1 Reclaimed Water Rates. Sanford will charge and Lake Mary will pay at the rate
of $0.81 per one thousand gallons for flow delivered, and a fixed base charge of
$31.19 under a pressurized condition for flow measured at meters 5 through 8 as
described on Exhibit "A ". Meters 1 through 4 as described on Exhibit "A" will
continue to be regulated as defined in the City of Lake Mary /City of Sanford
Irrigation Lease Contract No. S -88 -2, as amended.
5.2 Billing. Sanford shall bill Lake Mary for its usage monthly.
5.3 Future Rate Adjustments.
(a) Sanford retains the right to evaluate its rate structure and adopt changes, as
needed, to recover the cost of providing reclaimed water service.
(b) Sanford will notify Lake Mary in writing ninety (90) days in advance of
adopting any new reclaimed rate.
(c) Sanford will notify Lake Mary in writing thirty (30) days in advance of any
annual Consumer Price Index adjustments.
6. Use of Reclaimed Water.
a. Lake Mary will be solely responsible for the ownership, operation, and
maintenance, and the costs of all portions of the reclaimed water system,
including backflow prevention devices, located within rights -of -way on the
downstream side of the point of connection with Sanford's reclaimed water
system.
b. Cross - connections between the reclaimed water system and any potable water
system are prohibited.
C. Lake Mary will comply with all applicable rules and regulations of those agencies
having jurisdiction over the use of reclaimed water.
d. Lake Mary shall operate and maintain the reclaimed water distribution system in a
manor which protects the health, safety, welfare and environment including but
not limited to the following:
A. Required advisory signs, in accordance with FAC 62 -6 t 0, shall be
3
installed and properly maintained by Lake Mary at all entrances adjacent
to property utilizing reclaimed water to advise the type of water usage.
Replacement signs shall be installed by Lake Mary as needed.
B. Lake Mary shall take all necessary precautions to clearly identify
reclaimed water irrigation systems to prevent inadvertent human
consumption.
C. Lake Mary shall implement public education endeavors to inform its
residents, employees, agents, and invitees of the reclaimed water system to
prevent inadvertent human consumption as required by FAC 62 -610.
D. Lake Mary shall properly report any reclaimed water spills and cross -
connections directly to the Florida Department of Environmental
Protection.
E. Lake Mary will provide customer and location information to properly
facilitate utility billing, annual reuse reporting, permitting and regulatory
compliance, reuse service management requirements, and troubleshooting
F. In the event of any system violation within the Lake Mary Reclaimed
Water Distribution System and customer base that is not directly
attributable to water quality from the Sanford delivery system, Lake Mary
will immediately report any potential violation to the appropriate agency to
avoid agency citation and violations where possible; timely respond to
agency citations and violations when required; timely cure the violation to
the satisfaction of the citing agency; pay all costs and penalties associated
with the violation by Lake Mary; pay any and all costs incurred by Sanford
directly related to curative actions by Sanford mandated by the citing
agency directly attributable to the Lake Mary Distribution System and
customer base failure.
7. Inspections. Sanford shall have the right, when necessary, to allow Sanford's employees
to review and inspect Lake Mary's operating practices to ensure compliance with FAC
62 -610, and the terms of this Agreement.
8. Water Quality. All reclaimed water delivered or conveyed through the reclaimed water
system under this Agreement shall be treated by Sanford in accordance with all
requirements of permits issued by state and federal regulatory agencies. Both parties
shall comply with Florida Department of Environmental Protection Rule 62 -610, as
amended.
9. Term. This Agreement shall remain in full force and effect for ten (10) years from date
of execution. This Agreement shall automatically extend for an additional five (5) year
period unless either party provides unto the other written notice of nonrenewal one
hundred and eighty (180) days prior to the expiration date hereof.
rd
10. Termination. The parties each retain the right to terminate this Agreement at any time
during the terms upon three hundred and sixty five (365) days advance written notice
tendered in accordance with Paragraph 11 hereof. Lake Mary shall be responsible to pay
Sanford for all reclaimed water delivered to the date of termination and cessation of
reclaimed water service.
11. Notices. Any notice given pursuant to this Agreement shall be in writing and will be
deemed to be delivered when (a) hand delivered to the City official hereinafter
designated; (b) delivered by overnight courier service; or (c) deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to a party
at the address set forth herein or such other address as a party shall identify in writing as
required hereby.
12. All notices, certificates, or other communications hereunder will be sufficiently given and
will be deemed given when delivered by hand, courier, or registered or certified mail,
postage prepaid, addressed as follows:
For Sanford: Paul Moore, Utilities Director
City of Sanford
300 North Park Avenue
Sanford FL 32771
and Janet R. Dougherty, City Clerk
City of Sanford
300 North Park Avenue
Sanford, FL 32771
For Lake Mary: City Manager
City of Lake Mary
100 N. Country Club Road
P.O. Box 958445
Lake Mary FL 32795 -8445
and Director of Public Works
City of Lake Mary
100 N. Country Club Road
P.O. Box 958445
Lake Mary, FL 32795 -8445
13. Facsimile as Writing. The parties expressly acknowledge and agree that,
notwithstanding any statutory, or decisional law to the contrary, the printed product of a
facsimile transmittal will be deemed to be "written" and "writing" for all purposes of this
Agreement.
14. Assignment. The rights of the parties under this Agreement are personal and may not be
assigned without the prior written consent of the parties hereto. Subject to the foregoing,
5
this Agreement will be binding upon and enforceable against, and will inure to the benefit
of the parties hereto and their successors.
15. Headings. The use of headings, captions, and numbers in this Agreement is solely for
the convenience of identifying and indexing the various provisions in this Agreement and
will in no event be considered otherwise in construing or interpreting any provision in
this Agreement.
16. Exhibits. Each and every Exhibit referred to or otherwise mentioned in this Agreement
is and will be construed to be made a part of this Agreement by such reference.
17. Severability. If any term, covenant, condition, or provision of this Agreement, or the
application thereof, to any person or circumstance, will ever be held to be invalid or
unenforceable, then in each such event the remainder of this Agreement or the application
of such term, covenant, condition or provision to any other person or any other
circumstances (other than those to which it will be invalid or unenforceable) will not be
hereby affected and each term, covenant, condition and provision hereof will remain valid
and enforceable to the fullest extent permitted by law.
18. Non - Waiver. Failure by any party to complain of any action, non - action, or breach of
any other party will not constitute a waiver of any aggrieved party's rights hereunder.
Waiver by any party of any right arising from any breach of any other party will not
constitute a waiver of any other right arising from a subsequent breach of the same
obligation or for any other default, past, present or future.
19. Rights Cumulative. All rights, remedies, powers, and privileges conferred under this
Agreement on the parties will be cumulative of an in addition to, but not restrictive of or
in lieu of, those conferred by law.
20. Applicable Law and Venue. This Agreement and its attachments will be governed by,
construed under and interpreted and enforced in accordance with the laws of the State of
Florida. This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida. Venue shall be in the Eighteenth Judicial Circuit Court in and for
Seminole County, Florida.
21. Entire Agreement. This Agreement contains the entire agreement of the of the parties
with respect to the subject matter hereof and all representations, warranties, inducements,
promises or agreements, oral or otherwise, between the parties not embodied in this
Agreement will be of no force or effect.
22. Modifications. This Agreement will not be modified or amended in any respect except
by written agreement by the parties in the same manner as this Agreement is executed.
23. Counterparts. This Agreement may be executed in several counterparts, each of which
will be deemed an original, and all such counterparts together will constitute one and the
same instrument.
2
24. Authority. Each party hereto warrants and represents that such party has full and
complete authority to enter into this Agreement and each person executing this
Agreement on behalf of a parry warrants and represents that he has been fully authorized
to execute this Agreement on behalf of such party and that such party is bound by the
signature of such representative.
25. Disclaimer of Third -Party Beneficiaries. This Agreement is solely for the benefit of
Sanford and Lake Mary and no right or cause of action shall accrue upon or by reason
hereof, to or for the benefit of any third party.
Accepted:
CITY\OF LAKE MARY
C
Johyitton, City Manager
Date: � /G Z ��
Accepted:
Robert (Sherman) Yehl, Ci
APPROVED BY
CITY CO l missl
Exhibit "A"
The City of Lake Mary's reclaimed water distribution system is connected to Sanford's
reclaimed water system at eight separate locations as shown on Exhibit `B ". There are a
total of eight (8) master reuse meters serving commercial, municipal and residential
areas. The metered connections are as follows:
Location Service Type Service Use
1
Mohegan Blvd.
Commercial
Timacuan Golf Course Irrigation
2
Timacuan Blvd.
Commercial
Timacuan Boulevard Right of Way
3
Mohegan Blvd.
Commercial
Mohegan Boulevard Right of Way
4
C.R. 46A
Commercial
Rinehart Road Corridor
Total Estimated Average Usage: 750,000 gpd
5 Rantoul Ln. Municipal I Lake Mary Sports Complex
Total Estimated Average Usage: 18,000 gpd
6 Shealey Rd. Municipal I Lake Mary Soccer Field
Total Estimated Average Usage: 15,000 gpd
7 Art Ln. /LMB Municipal I Lake Mary Boulevard Right of Way
Total Estimated Average Usage: 35,000 gpd
8 Weldon Blvd. Residential I Weldon Boulevard/Lake Mary Woods
Total Estimated Average Usage: 82,000 gpd
F
� O
N O
� v
m
C
C
O
S Sg4 U
0
U)
c
a
,1
�R
� aO 3oOla
O� Nl I*
4�
6L4
34A10
i O
IR �O z
m
3AV a31S3H
O a 318V1S SVwOHl
o
g VS,k 2 " v 3AV 1NVAa8
O
3�1
m
LU
�
3
yy
T
" l o
i
z
w
z
z
DR
Z
Y
Om
O
�o
OQ
_
mD
m
z
a
U)
r
o
is 3NVl
z
I
uN pp,UA
1S 1%
1S ONZ
Oa BfilO kHINnoo S
_y
Oa 8f11D Aa1Nnoo N
1S
cm
T QQ
1S H14 S
p�
j
Wj
1S NOOOOVa
Q�
pit
z
1S OOOM
y *
T
�
OF
Z
�
�
Q
z
Oa laVH3Nla z
2
d w
Id ANnIN30 O
I Q
O
�
3�1
m
�3NIIAY
3
i
w
z
ON SOoom WVHNWN
NnS S
d�
LAKE PARK DR 4
O
s
4)
O
,
� ■
CL
i CL
x
W
m
•
A �
W
AW
O
a.
�3NIIAY
w
z
W
Z
Y
Om
O
�o
OQ
_
mD
m
z
a
U)
4)
O
,
� ■
CL
i CL
x
W
m
•
A �
W
AW
O
a.