Ordinance 12-1989 ORDINANCE NO. 12 -1989
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA,
APPROVING AND AUTHORIZING THE EXECUTION AND
DELIVERY OF THE SEMIINOLE COUNTY AND CITY OF
LONGWOOD EMERGENCY INTERCONNECT WATER
AGREEMENT; PROVIDING FOR CONFLICTS, SEVERADIILITY
AND AN EFFECTIVE DATE.
WHEREAS, Seminole County and the City of Longwood desire to enter into an
agreement providing for the mutual provision of emergency wholesale water service to and from
the water systems owned and operated by Seminole County and the City of Longwood through
an emergency interconnect as more fully set forth in the Seminole County and City of Longwood
Emergency Interconnect Water Agreement attached to this Ordinance; and
WTHIEREAS, the City Cor mission finds that said Seminole County and City of
Longwood Emergency Interconnect Water Agreement is in the best interest of the City of
Longwood and desires to approve such agreement; and
WHEREAS, the City Charter provides for the making of a contract providing for
payments beyond the end of a fiscal year are to be approved by Ordinance, and this Ordinance is
intended to satisfy such requirement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF LONGWOOD, FLORIDA AS FOLLOWS:
Section I. Recitals. The above recitals are true and correct and constitute the City
Commission's findings.
Section 2. Approval. The Seminole County and City of Longwood Emergency
Interconnect Water Agreement attached to this Ordinance is hereby approved. The Mayor and
any other officer of the City of Longwood who shall be needed to execute the Seminole County
and City of Longwood Emergency Interconnect Water Agreement is hereby authorized to
execute, acknowledge and deliver such Agreement. The City Clerk of the City of Longwood is
hereby authorized to affix the official seal of the City of Longwood to the Seminole County and
City of Longwood Emergency Interconnect Mater Agreement and attest to the same.
Section 3. Conflicts. If any Ordinances or parts of thereof are in conflict herewith, this
Ordinance shall control to the extent of the conflict.
Section 4. Severability. If any portion of this Ordinance is determined to void,
unconstitutional, or invalid by a court of competent jurisdiction, the remainder of this Ordinance
shall remain in full force and effect.
Page I of 2
Section 5. Effective Date. This Ordinance shall take effect upon its second reading and
final adoption by City Commission.
FIRST READING: March 19, 2012
SECOND READING: iQ,0ri 1 7 - 2 0(-i'
d
PALM AND ADOPTED this ay of r1 201.2.
CITY COMMISSION
A G Yd OOD, FIL�®�A
Mayo°
ATTES
Sarah M. Mirus, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida only.
Davie W. La �ify / o y
j
Page 2 of 2
SEMINOLE COUNTY AND CITY OF LONGWOOD
EMERGENCY INTERCONNECT WATER AGREEMENT
THIS AGREEMENT is made and entered into this day of
2012, by and between the CITY OF LONGWOOD, a municipal
corporation organized and existing under the laws of the State of
Florida, whose address is 175 West Warren Avenue, Longwood, Florida
32750, hereinafter referred to as "CITY ", and 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 a's "COUNTY ".
TV7 I T N E S S E T H:
WHEREAS, COUNTY and CITY recognize the need for the mutual
provision of wholesale water service to and from the water systems
owned and operated by COUNTY and CITY, respectively, and more
particularly described on Exhibit "A", attached hereto and
incorporated herein; and
WHEREAS, the parties acknowledge that the mutual provision of
said wholesale water service is needed through emergency interconnects
between the potable water systems of COUNTY and CITY;
NOW, THEREFORE, in consideration of the premises and of the
i
mutual .covenants and promises hereinaflter contained, the parties
hereby agree as follows:
SECTION 1. TERM OF AGREEMENT. The term of this Agreement shall
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be for a period of fifteen (15) years from the date hereof, unless
terminated earlier as provided in Section 5, This Agreement shall
automatically renew for additional five (5) year periods unless CITY
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Emergency interconnect Water Agreement
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or COUNTY provides written notice to the other party of its intention
to terminate, which notice must be given no less than one hundred
eighty (180) days prior to the automatic date of renewal in the manner
provided for hereinafter.
SECTION 2. PAYMENT.
(a) Wholesale Water User Charges
1. COUNTY agrees to provide an emergency water supply for
use by CITY in accordance with the terms and conditions herein for a
charge of $1.55 per 1,000 gallons of water. COUNTY agrees to bill
CITY monthly based upon the number of gallons of water which pass
through the COUNTY's meters each month at the Points of Connection
depicted on Exhibit "A." CITY agrees to pay for all water transmitted
to its transmission facilities from the COUNTY's system at the
aforementioned rates and agrees to-make payment to the COUNTY within
forty -five (45) days from the date of the COUNTY's bill. Failure to
remit payment as provided hereinabove will be a considered a default
by CITY and shall be processed as shown in Section 5(b) herein.
2. CITY agrees to provide an emergency water supply for
use by COUNTY in accordance with the terms and conditions herein for a
charge of a $1.40 per 1,000 gallons of water. CITY agrees to bill
COUNTY monthly based upon the number of gallons of water which pass
through the CITY's meters each month at the Points of Connection
depicted on Exhibit "A." COUNTY agrees to pay for all water
transmitted to its transmission facilities from the CITY's system at
the aforementioned rates and agrees to make payments to CITY within
forty -five (45) days from the date of the CITY's bill. Failure to
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Emergency Interconnect Water Agreement
Page 2 or 11.
remit payment as provided hereinabove will be considered a default by
COUNTY and shall be processed as shown in Section 5(b) herein.
(b) Change Of Rates In the event the COUNTY or CITY, during
the term of this Agreement, shall propose any new rate schedule or
amended rate schedule, COUNTY or CITY shall notify the other party
prior to the effective date thereof, and substitute such rate schedule
for the rate schedule in effect hereunder for wholesale service,
commencing with the next billing period after the effective date. The
intent of this Section is for disclosure only and shall not grant to
either party any right to appeal any rate increase. The parties
hereby declare that the aforementioned rates are not in excess of the
lowest rates available to any prospective wholesale service and agree
that during this Agreement, both parties shall continue to be billed
at the lowest available rate for equivalent wholesale service.
SECTION 3. CONNECTION, MAINTENANCE AND WATER PUALITY.
(a) Connection The design and location of the service
connections is reflected on the interconnect design and location
drawings prepared by COUNTY and submitted and approved by CITY as
shown on Exhibit "B ", attached hereto and incorporated herein. The
parties shall comply with all applicable cross - connection control
requirements. Such interconnect design and location drawings shall
provide for bi- directional emergency interconnect meters and such
cross -connection control, meter by -pass, or similar devices as are
deemed necessary by the COUNTY. COUNTY shall design, permit and
install the bi- directional emergency interconnect meters and any
associated infrastructure and the COUNTY shall pay all costs of
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Emergency Interconnect Water Agreement
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design, site preparation, permitting, record drawings and installation
Of the aforementioned devices utilized. Upon completion of
installation by the COUNTY, each party shall own its respective
emergency interconnect meters, backflow preventers and associated
infrastructure as depicted in Exhibit "B."
(b) Operation and Maintenance Title to the water shall pass
from one party_ to the other party at the inlet flange of its
respective meter. COUNTY and CITY shall be responsible for testing
requirements associated with their respective bi- directional emergency
interconnect meters, backflow preventers and appurtenances at the
Points of Connection set forth on Exhibit "A." The COUNTY and CITY
shall test their respective meters and backflow preventers on an
annual basis, or on a more stringent basis if required by regulatory
agencies, and submit all associated test results to the other party.
A meter accuracy of ninety -five percent (950) or greater shall be
maintained. The COUNTY or CITY shall make necessary maintenance or
repairs to their respective meters, backflow preventers or associated
infrastructure within thirty (30) days of discovery of such need
unless an extension is otherwise approved by the other party. Each
party shall be responsible for the costs associated with future
replacement and installation of its bi- directional emergency
interconnect meters, backflow preventers and appurtenances as depicted
in Exhibit "B."
(c) Water Quality Each party shall provide treated water to
the other party, as needed on an emergency basis, at the point of
connection of the bi- directional emergency interconnect meters, which
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Emergency Interconnect water Agreement
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treated water meets the water quality requirements of, and in a manner
consistent with, rules of applicable regulatory agencies including the
U.S. Environmental Protection Agency, the Florida Department of
Environmental Protection and the Florida Department of Health.
SECTION 4. NO REPRESENTATIONS OR WARRANTIES. The parties do not
guarantee any certain amount of water supply to each other or that the
supply of water furnished through the bi- directional emergency
interconnect meters to the other party shall be free from
interruption. Neither party shall be responsible for damages to any
person whomsoever for any failure to supply water, or for any
interruption in such service or supply, nor shall such interruption
constitute a breach of this Agreement on the part of either party.
Furthermore, the parties agree to and shall operate with the
understanding that there shall be-no obligation on the part of either
the COUNTY or the CITY, or their respective agents, assigns, employees
or representatives for the following:
(a) to deprive any customers of the desired water in order to
partly or completely serve the other party;
(b) to furnish, at any time, more' or less water and /or water
pressure than is available at such time at such main location;
(c) to furnish water to the other party for flushing mains or
individual service lines;
(d) to furnish water to the other party except during emergency
situations;
Seminole County / City of Longwood
Emergency Interconnect Water Agreement
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(e) to take or refrain from taking any action other than the
mere supply of wholesale water service, subject to the covenants and
restrictions set forth herein; or
(f) to test, modify, maintain, or repair their respective water
system beyond the outlet flange of the bi- directional emergency
interconnect meters to comply with any regulatory agency requirement.
SECTION 5. EARLY TERMINA'T'ION.
(a) Either COUNTY or CITY may terminate this Agreement prior to
the expiration of the term, or a renewal term, by rendering to the
other party one hundred eighty (180) days notice of early termination,
as set forth hereunder, provided that neither party is in breach of
any provision of this Agreement.
(b) Should the authority of COUNTY or CITY to perform this
Agreement become impaired or supe.rSeded by any other authority, or if
COUNTY or CITY fails to perform each and every obligation hereunder
taken on its part to be performed, then either COUNTY or CITY shall
have the right immediately to discontinue performance of services
hereunder; provided, however, that this right shall only be available
after the party intending to discontinue services has provided the
other party with written notice of the alleged violations of this
Agreement and the other party has failed to cure such violations
within thirty (30) days of receipt of such notice. Violations of the
payment provisions of this Agreement shall be governed by the
provisions of Section 2.
(c) Either party to this Agreement, in the event of or act of
default by the other, shall have all remedies available to it under
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Emergency Interconnect water Agreement
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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. Nothing in this Agreement shall
constitute a waiver of sovereign immunity by either party.
(d) Each party to this Agreement shall be responsible for all
personal injury and property damage attributable to the negligent
actions, inactions, or omissions arising out of this Agreement of that
party and the officials, employees and agents thereof.
SECTION 6. NO MODIFICATIONS WITHOUT CONSENT. Any proposed
modification to either party's system that affects the bi- directional
emergency interconnects and requires a Florida Department of
Environmental Protection or similar agency permit shall be submitted .
to the other party in conceptual drawing form. Each party shall have
the right to approve or disapprove such proposed modification or to
suggest changes thereto. Said approval by CITY or COUNTY shall not be
unreasonably withheld, but no modification shall be made absent prior
written approval by CITY or COUNTY. No additions, alterations or
variations of this Agreement shall be valid unless such additions,
alterations or variations are expressly set forth in writing and duly
signed by the parties.
SECTION 7. DISCONNECTION. Upon expiration or termination of
this Agreement, the COUNTY shall disconnect the bi- directional
emergency interconnects and related devices and restore the CITY's and
COUNTY's water systems at the site of the emergency interconnects to
operate without said bi- directional emergency interconnects, including
obtaining any necessary permits for such; provided however, that each
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Emergency Interconnect Water Agreement
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party shall be responsible for fifty percent (50) of the actual out -
of- pocket cost of the disconnection and restoration. This Section
shall survive expiration or termination of this Agreement
SECTION 8. SUCCESSORS AND ASSIGNS. This Agreement shall be
binding upon the successors and assigns of the respective parties
hereto, but shall not be assigned, in whole or in part, by COUNTY or
CITY without first obtaining the written approval of the other party.
SECTION 9. RIGHT OF INSPECTION. Each party hereby guarantees to
the other party the right, at all reasonable times and at any time
during an emergency, by its duly authorized agents or employees, to
enter the premises of their water systems for inspection purposes and
for the purpose of repairing, maintaining, or removing any property
owned by the entering party.
SECTION 10. EXCLUSIVE PURCHASE OF WATER. The parties agree to
purchase exclusively from each other any and all water consumed
through these bi- directional emergency interconnect meters during the
term of this Agreement.
SECTION 11. 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 upon or by reason hereof, to
or for the benefit of, any third party not a formal party hereto.
SECTION 12. WAIVER OF RIGHTS. Any waiver at any time by CITY or
COUNTY of their rights with respect to a default or any other matter
arising in connection with this Agreement shall not be deemed to be a
waiver with respect to any other default or matter, similar or
different, prior or subsequent.
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Emergency interconnect Water Agreement
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SECTION 13. PRIOR AGREEMENTS. Any and all prior agreements,
written or oral, as may exist relating to the provision of wholesale
water service between the parties' water systems through the bi-
directional emergency interconnect meters set forth in Exhibit "B" are
hereby void and of no further force and effect. This Agreement
constitutes the full and complete agreement and understanding of the
parties as to the provision of wholesale water service between the
parties' water systems through the bi- directional emergency
interconnect meters set forth in Exhibit "B."
SECTION 14. 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 15. APPLICABLE LAW. This Agreement and the provisions
contained herein shall be construed, controlled and interpreted
according to the laws of the State of Florida.
SECTION 16. SEVERABILITY. Any provision of this Agreement which
is prohibited or unenforceable under any law shall be ineffective to
the extent of such prohibition or unenforceability, without
invalidating the remaining provisions hereof, provided the rights and
obligations of the parties hereto are not materially prejudiced and
the intentions of the parties can continue to be effected.
SECTION 17. FORCE MA7EUFE. Neither party shall be in default of
the terms hereof if such action is due to a natural calamity, or
similar causes beyond the control of such party.
SECTION 18. NOTICES. Any notice to be given by CITY or COUNTY
to the other shall be sent either by hand delivery, registered or
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Emergency Interconnect Water Agreement
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certified mail to the respective addresses shown below. Either party
may change its notice address by giving proper written notice to the
other as provided herein:
For CITY:
City of Longwood
Attn: Public Works Director
175 West Warren Avenue
Longwood, FL 32750
For COUNTY:
Seminole County
Seminole County Services Building
1101 East First Street
Sanford, FL 32771
IN WIT WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized officers as of the day and year
first written above.
ATTEST CITY OF LONGWOOD
6 By:
SARAH MIRUS, City Clerk S ayor
Date: �✓�
[Balance of this page intentionally blank; signatory page continues on Page 11]
Seminole County / City of Longwood
Emergency Interconnect Water Agreement
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BOARD OF COUNTY COMMISSIONERS
ATTEST: SEMINOLE COUNTY, FLORIDA
By:
MARYANNE MORSE BRENDA CAREY, Chairman
Clerk to the Board of
County Commissioners of
Seminole County, Florida. Date:
For the use and reliance As authorized for execution by the Board
of Seminole County only. of County Commissioners at its
Approved as to form and 2012 regular meeting.
legal sufficiency.
County Attorney
SED /dre
03/07/12
Attachments:
Exhibit "A" - Water Systems
Exhibit "B" - Interconnect Design and Location Drawings
p: \users\lkennedy \my documents \environmental services \emergency interconnect longwood.doc
Seminole County / City of Longwood
Emergency Interconnect water Agreement
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