1199-Jt Participation Agrmt-Volusia CoJOINT PARTICIPATION AGREEMENT BETWEEN
G
CITY OF SANFORD AND COUNTY OF VOLUSIA
PROVIDING FOR RECLAIMED WATER/SURFACE WATER
AUGMENTATION DISTRIBUTION INFRASTRUCTURE FOR
SOUTHWEST VOLUSIA COUNTY
THIS AGREEMENT is made and entered into this 7 th day of February , � 0 0 8 by
and between the CITY OF SANFORD, a municipal corporation, whose mailing address is Post
Office Box 1788, Sanford, Florida, 32772 -1788, hereinafter referred to as "CITY" and the
COUNTY of VOLUSIA, a political subdivision of the State of Florida, whose address is 123 W
Indiana Avenue, Deland, Florida, 32720, hereinafter referred to as "COUNTY ".
WITNESSETH:
WHEREAS, pursuant to the provisions of Chapters 125, 163, 166, and 336, Florida
Statutes, as well as other applicable law, COUNTY and CITY are authorized to enter into this
Agreement; and
WHEREAS, it is the purpose of this Agreement to set forth the complete and full
understandings and agreement of the parties concerning the construction and improvement of a
reclaimed water and surface augmentation distribution infrastructure for Southwest Volusia
County as depicted in Exhibit "A ", attached hereto and incorporated herein by reference; and
WHEREAS, it is the intent of the parties to equitably distribute the costs of utility
infrastructure improvements relative to the Project Area which the parties agree to address in a
collaborative and cooperative manner; and
WHEREAS, CITY and COUNTY have determined that the terms and conditions of this
Agreement are in the best interests of the public health, safety, and welfare of the citizens of the
City of Sanford and the County of Volusia; and
WHEREAS, CITY produces public access reclaimed water that is periodically
discharged to the St. Johns River and to an agricultural disposal site referred to as Site 10 and
owned by City, and City desires to reduce discharges to the river and Site 10 and to allow
beneficial reuse of the reclaimed water; and
WHEREAS, CITY has developed a reclaimed water augmentation system that can treat
up to 7.3 million gallons per day (hereinafter "MGD ") of surface water from the St. Johns River
and supplement CITY's water supply to ensure an adequate irrigation supply source to an
expanded reclaimed water customer base; and
WHEREAS, COUNTY has required subdivisions in Southwest Volusia County to install
dry lines for the future use of reclaimed water for irrigation notwithstanding the fact that
COUNTY currently does not have adequate reclaimed water to meet the irrigation demands in
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the area and these subdivisions currently have to use limited supply, high quality, higher cost
potable ground water for irrigation; and
WHEREAS, the ground water supplies, which are regulated by one or more statutory
water management districts, are of limited quantity in Southwest Volusia County, and the
County has a 20 year consumptive use permit that requires that COUNTY find alternative water
supplies to meet future demands; and
WHEREAS, CITY has a cost effective reclaimed and surface water augmentation supply
of water to meet irrigation demands in Southwest Volusia County and it is in the best interests of
the citizens of Southwest Volusia County and the environment for COUNTY to utilize said water
supply for irrigation purposes because, i) COUNTY has a need for this water source, ii) it would
benefit CITY by reducing surface water discharges, iii) it would benefit the St. Johns River by
reducing surface water discharges, and iv) it would benefit Southwest Volusia ground water
supplies by reducing withdrawals and potentially increasing recharge; and
WHEREAS, as shown on Exhibit "A ", CITY has a 20" reclaimed waterline that terminates
in the St. Johns River at the south side of the US 17 -92 bridge crossing of the St Johns River.
CITY utilizes this pipe as a wet weather surface water discharge from the Sanford North Water
Reclamation Facility (hereinafter the "Sanford North WRF "), The Sanford North WRF has the
capacity of producing 7.3 MGD of reclaimed water and has a surface water augmentation
system capable of withdrawing an additional 7.3 MGD of water from the St. Johns River. The
City has no control over the seasonal wastewater flows received at their facility and therefore
cannot guarantee availability of the full capacity of the facility.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements herein contained, and of other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
Section 1. Recitals
The recitals set forth above are true and correct and form a material part of this
Agreement upon which the parties have relied.
Section 2. Term
This Agreement shall become effective on the date defined in Section 25, and shall
continue for twenty (20) years with provisions for ten year extensions or until mutually
terminated in writing by the parties in the manner prescribed by Section 4.1(d) of this
Agreement.
Section 3. Construction Contracts
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(a) The parties agree to engage in good faith and open competitive bidding
processes and procedures in order to obtain competitive bids for the construction of utility
infrastructure improvements in the Project Area.
(b) The parties agree to exercise due diligence and to act in good faith in
concurrently seeking and awarding the contract(s) to the lowest and best qualified bidder(s) for
constructing the utility infrastructure improvements in the Project Area.
Section 4. Parties Responsibility
4.1. SANFORD Responsibilities
(a) CITY shall perform or cause to be performed the design, permitting, and
construction of a 20" diameter reclaimed water and surface water augmentation transmission
line from the south side (Seminole County Side) of the St. Johns River at the US 17 -92 bridge to
Lake Monroe Park on the north side (Volusia County Side) of the St. Johns River (Point of
Connection), as shown on Exhibit "A ".
(b) The costs of design, permitting, and construction of the transmission line
described in Section 4.1(a) above shall be borne equally by CITY and COUNTY. The estimated
costs for the work are shown on Exhibit "B ". Said estimate shall in no way be considered a
maximum or minimum cost for the project, but rather shall be considered a good faith estimate
of costs based upon the best information available to the parties at the time of this Agreement.
(c) CITY shall provide design plans for COUNTY review and approval.
(d) Upon receipt of bids, CITY shall notify COUNTY in writing of the bid amount and
within sixty (60) days of COUNTY's receipt of the bid, either party may choose not to proceed
with the work if the majority of the bids exceed the estimate shown in Exhibit "B" whereupon this
Agreement shall terminate. CITY shall not award the Contract without prior consultation with
COUNTY, written notice of acceptance, and issuance of a COUNTY purchase order.
(e) COUNTY shall prepare and deliver a purchase order to CITY for the amount of
fifty percent (50 %) of the contract price. CITY will prepare and deliver a written invoice for the
cost of COUNTY's share of the project cost (i.e., fifty percent (50 %) of the actual costs incurred
by CITY) to COUNTY monthly, or less often as work on the project is completed. COUNTY
shall pay all received invoices to CITY within Twenty (20) business days following receipt of the
invoice, in the amount shown on the invoice. Invoices sent to COUNTY shall be pre- certified by
COUNTY and CITY as to the percentage or quantities, as applicable, of work complete. All
Invoices shall be sent by U.S. Mail, postage prepaid, to:
County of Volusia
Public Works Director
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123 W. Indiana Ave.
DeLand, FL 32720
(f) The section of the transmission line to the Point of Connection, including the
meter and shut -off valve and related fixtures, shall be owned, operated and maintained by CITY.
(g) In the spirit of collaboration and cooperation, CITY and COUNTY will establish a
written protocol that will address operational and water quality concerns collaborate and
cooperate.
(h) CITY shall endeavor to supply an initial flow of 1.5 MGD at 70 psi at the point of
connection (Lake Monroe Park) shown on Exhibit "A ". Any additional flow beyond 1.5 MGD will
require the mutual agreement of both the City and County. As dry weather flows reach 1.25
MGD the City and County shall determine if additional capacity above the 1.5 MGD is needed,
and implement amendments to current conditions to meet the additional capacity needs.
(i) CITY will endeavor to complete all work described herein within 24 months of
execution of the agreement.
4.2. COUNTY Responsibilities
(a) The COUNTY shall perform or cause to be performed the design, permitting, and
construction of a 16" to 20" diameter reclaimed water and surface water augmentation
transmission line from the Point of Connection north to existing residential subdivisions with dry
line dual distribution systems in place located along South Shell Road as shown on Exhibit "A ".
(b) All costs of the transmission line described in section 4.2(a) above shall be borne
solely by COUNTY. Exhibit "B" shows the estimated project costs. The estimated project costs
are shown in Exhibit "B ".
(c) This section of the line north of the Point of Connection shall be owned,
operated and maintained solely by COUNTY.
(d) COUNTY anticipates that it will accept an annual daily average of at least
150,000 gallons per day from the City facility. However, due to limited wet weather disposal
options, COUNTY cannot guarantee usage levels.
(e) COUNTY shall regulate the use of the reclaimed and surface water and shall
comply with all applicable local, state, and federal regulations and obtain all necessary permits
for the use of same.
(f) COUNTY shall have in force and maintain a cross connection program in an
effort to eliminate any potential for contamination of the potable water system.
(g) COUNTY shall endeavor to complete all work within 24 months of execution of
the agreement.
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4.3 Extensions to Neighboring Cities
COUNTY shall have the right to sell or otherwise provide reclaimed water to neighboring
Cities within the County of Volusia whether the origin of the reclaimed water is from COUNTY's
Southwest Facility or from CITY. Such agreements shall be independent of this Agreement.
CITY'S obligation is limited to that which is described in this Agreement or subsequent written
amendments.
Section S. Metering
CITY shall provide the aforementioned amounts of reclaimed water to COUNTY at the
reclaimed water wholesale price of $0.57 per thousand gallons, as adjusted periodically to be
consistent with the CITY's current wholesale rate schedule. CITY shall charge COUNTY a fixed
customer charge of $31.19 per month for a master metered account, as adjusted periodically to
be consistent with their current rate schedule. Rates may be adjusted from time to time to be
consistent with the schedule of rates being charged by CITY to its other reclaimed water service
customers. The meter shall be owned and maintained by the CITY and shall be calibrated
annually in accordance with the manufacturers recommended maintenance procedures.
Records of annual calibration shall be provided to COUNTY upon request. CITY shall bill
COUNTY on a monthly basis for the amount of reclaimed water delivered to COUNTY based on
readings obtained from the reclaimed water meter located in or near the park on the south side
(Seminole County Side) of the St. Johns River adjacent to the US 17 -92 bridge, as shown on
Exhibit °A ".
Section 6. Grants
CITY and COUNTY shall cooperate and jointly pursue grant funding for the projects
described herein.
Section 7. Cooperation
To facilitate performance under this Agreement, the parties agree that they shall provide
full cooperation and assistance to each other and the officers, agents, and employees of the
respective parties.
Section 8. Governing Law
This Agreement shall be governed by and construed 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.
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Section 9. Headings
All sections and descriptive headings in this Agreement are inserted for convenience
only, and shall not affect the construction or interpretation hereof.
Section 10. Force Majeure
In the event any party hereunder fails to satisfy a requirement imposed by this
Agreement in a timely manner, 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 11. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
the successors in interest, transferees and assigns of the parties.
Section 12. Assignment
This Agreement shall not be assigned by either party without the prior written approval of
the others which written approval shall not be unreasonably withheld.
Section 13. Exhibits
All exhibits to this Agreement shall be deemed to be incorporated into this Agreement as
if fully set forth verbatim into the body of the Agreement.
Section 14. Public Records
Each party shall allow public access to all documents, paper, letters, or other materials
which have been made or received in conjunction with this Agreement in accordance with
Chapter 119, Florida Statutes.
Section 15. Equal Opportunity Employment
It is not anticipated that the parties will be required to hire any employees to perform
work contemplated by this Agreement, but if such employment occurs, the parties agree to not
discriminate against any employee or applicant for employment for work under this Agreement
because of race, color, religion, sex, age or national origin and the parties agree to take
affirmative steps to ensure that applicants are employed and employees are treated during
employment without regard to race, color, religion, sex, age or national origin. This provision
shall include, but not be limited to, the following: employment; upgrading; demotion or transfers;
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship.
Section 16. Conflict of Interest
The parties agree to take no action or engage in any conduct that would cause an officer
or employee to have a conflict of interest or violate any law relating to the ethical conduct of
government offices and employees, or otherwise create a conflict of interest as defined by
Chapter 112, Florida Statutes, to exist or occur in the performance of its obligations pursuant to
this Agreement.
Section 17. Compliance With Laws and Regulations
In performing pursuant to this Agreement, the parties shall abide by all statutes,
ordinances, rules, and regulations pertaining to, or regulating the acts contemplated to be
performed herein, including those now in effect and hereafter adopted. Any material violation of
said statutes, ordinances, rules or regulations shall constitute a material breach of this
Agreement and entitle the non - violating parties to terminate this Agreement immediately upon
delivery of written notice of termination to the violating party.
Section 18. Notices
Whenever a party desires to give notice unto the other, notice may be sent to:
For COUNTY: County Manager
Volusia County
123 W Indiana Avenue
Deland, Florida, 32720
For CITY: City Manager
City of Sanford
Post Office Box 1788
Sanford, FL 32772 -1788
and Utility Director
City of Sanford
300 North Park Avenue
Sanford, Florida 32771
Any party may change, by written notice as provided herein, the address or person for receipt of
notices.
Section 19. Indemnity and Insurance
(a) Each party to the Agreement is responsible for all personal injury and property
damage attributable to the negligent acts or omissions of that party and the officers, employees
and agents thereof.
(b) To the extent permitted by law, each party to this Agreement, when found to be
the responsible party, shall indemnify, save and hold harmless the other party and all of its
respective officers, agents, and employees from and against all losses and all claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description
whatsoever, including claims for property damage and claims for injury to or death of persons
7
brought or recovered against the other party to this Agreement by reason of any act or omission
of the responsible party, its respective officers, agents, subcontractors or employees, in the
execution of the work relating to this Agreement.
(c) The parties further agree that nothing contained herein shall be construed or
interpreted as denying to any party any remedy or defense available to such parties under the
laws of the State of Florida, nor as a waiver of sovereign immunity of the COUNTY beyond the
waiver provided in Section 768.28, Florida Statutes, whether sounding in contract or tort.
(d) Each party shall provide necessary workers compensation coverage and
unemployment compensation for its employees.
Section 20. Expenses of Enforcement
Should a party incur any expenses in enforcing any covenants, terms or conditions of
the Agreement, the party found to be in default shall pay to the other all expenses so incurred,
including reasonable attorney's fees.
Section 21. Remedies
Each party shall have any and all remedies as permitted by law; provided, however, that
the parties agree to provide for positive dialogue and communications if disputes or
disagreements arise as to the interpretation or implementation of this Agreement.
Section 22. Couterparts
This Agreement may be executed in any number of counterparts each of which, when
executed and delivered, shall be an original, but all counterparts shall together constitute one
and the same instrument.
Section 23. 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 the intentions of the
parties can continue to be effected. To that end, this Agreement is declared severable.
Section 24. Effect/Entire Agreement
(a) This Agreement constitutes the entire agreement of the parties and supersedes
all previous discussions, understandings and agreements, verbal or written, between the parties
relating to the subject matter hereof, and may not be modified or amended except by a written
instrument equal in dignity herewith and executed by the parties to be bound thereby.
(b) No waiver or consent to any departure from any term, condition or provision of
this Agreement shall be effective or binding upon any party hereto unless such waiver or
N.
consent is in writing, signed by an authorized officer of the party giving the same and delivered
to the other party.
Section 25. Effective Date
This Agreement shall take effect on the date that this Agreement is fully executed by the
parties hereto.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
for the purposes herein stated on the date first written above (the "Effective Date ").
14TTEST: VOLUSIA COUNTY, FLORIDA, a political
Subdivisio f the State of Florida
/- JaRne lbinneen, County Manager rank T. Bruno, Jr., County Chair
Date: /Lx�r
ATTEST:
Janet R. Dougherty, City Jerk
CITY OF ANFORD
Linda KKjuh , Mayor a
Date:
Approved as to form
and correctness:
ASSISTANT COUNTY ATTORNEY
I1
Attachment(s)
Exhibit "A "- Depiction of Project Area
Exhibit "B "- Cost Estimate
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Lake Monroe
i Connection to ", "
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Existing 20" RWL,frdmjSanford North WRF
extended across'? . "Johns River Ex hibit A
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EXHIBIT B
Volusia County / City of Sanford RWL Interconnect
Opinion Of Probable Construction Cost
Item
No.
Description
Quantity
Units
Unit Price
Total Price
hared
Costs Paid for by Volusia County and C'
of Sanford
1 IMobilization
1
LS
$ 60,000.00
$ 60,000.0
2
Preconstruction Video
1
LS
$ 1,500.00
$ 1,500.0
3
Maintenance of Traffic
1
LS
$ 3,500.00
$ 3,500.0
4
Erosion and Sediment Control
1
LS
$ 5,000.00
$ 5,000.0
5
Survey, Layout and As -Built Information
1
LS
$ 5,000.00
$ 5
6
Sodding Bahia
2156
SY
$ 3.00
$ 6,467.0
7
Pump Upgrades and Controls at Sanford
North WRF
1
LS
$ 200,000.00
$ 200,000.0
8
Fittings - RWM
2.1
TN
$ 11,000.00
$ 23,492.
9
Connect to Existing Seasonal Line, Vault,
Meter and Control Valve at Wayside Park
1
LS
$ 100,000.00
$ 100,000.0
10
20" RWM at Wayside Park (Open Cut
850
LF
$ 78.00
$ 66,300.0
11
20" RWM at Wayside Park (Dir. Drill
Pavement
150
LF
$ 320.00
$ 48,000.0
12
24" PE RWM River Crossin Dir. Drill
800
LF
$ 400.00
$ 320,000.0
13
20 " Butte e Valve
4
EA
$ 4,500.00
$ 18,000.
14
Air Relief Valve 20" RWM
2
EA
$ 6,000.00
$ 12,000.
Sub -total
$ 869 259.0
10% Contingency
$ 86,926.0
15% Design, Bid, CEI
$ 130,389.0
TOTAL Shared Cost
$ 1 086 574.0
Non - Shared
Costs Paid For By Volusia County
Onl
15
Mobilization
1
LS
$ 60,000.001
$ 60,000.0
16
Preconstruction Video
1
LS
$ 1,500.001
$ 1,500.0
17
Maintenance of Traffic
1
LS
$ 8,000.00
$ 8,000.
18
Erosion and Sediment Control
1
LS
$ 10,000.00
$ 10,000.0
19
Survey, Layout and As -Built Information
1
LS
$ 10,000.00
$ 10,000.0
20
ISodding (Bahia)
22167
Sy
$ 3.00
$ 66,500.0
21
1 Fittings - RWM
5.0
TN
$ 11,000.00
$ 55,033.0
22
20" RWM (Open Cut
8625
LF
$ 78.00
$ 672,750.0
23
20" RWM Dir. Drill Driveways, Streets
1375
LF
$ 320.00
$ 440,000.0
24
Jack and Bore (30" Steel Casing, 16" DI
RWM - U.S. 17 -92
180
LF
$ 600.00
$ 108,000.0
5
16" RWM (Open Cut
3050
LF
$ 70.00
$ 213,500.0
26
16" RWM Dir. Drill Driveways, Streets
125
LF
$ 280.00
$ 35,000.
27
20" Butterfly Valve
13
EA
$ 4,500.00
$ 58,500.0
28
16" Butterfly Valve
7
EA
$ 4,000.00
$ 28,700.0
29
Air Relief Valve 20" RWM
4
EA
$ 6,000.00
$ 24,000.0
30
Air Relief Valve 16" RWM
2
EA
$ 5,000.00
$ 10,000.0
31 Connect to Existing Dry Line Reclaimed 2 EA $ 10,000.00
Water Mains
ub -total
10% Contingency
$ 20,000.0
$ 1821483.0
$ 182,149.
15% Design, Bid, CEI $ 273,223.0
855.0
TOTAL Non - Shared Cost $ 2,276,865.0
429.00
TOTAL PROJECT COST olusia Coun / City of Sanford 3,363.429.00
C:Oocuments and Settingslparrisha\Local Settings \Temporary Internet FileMOLKDAWolusia County and Sanford JPA for RCW Exhibi1191/2007 9:55 AM