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2015-38 _ f INTERLOCAL AGREEMENT BETWEEN LAKE COUNTY; THE CITY OF CLERMONT; THE CITY OF GROVELAND; THE CITY OF MASCOTTE; THE CITY OF MINNEOLA;THE TOWN OF MONTVERDE; AND LAKE UTILITY SERVICES,INC. FOR RETENTION OF A CONSULTANT TO OVERSEE SOUTH LAKE WATER SUPPLY AND INFRASTRUCTURE STUDIES THIS AGREEMENT is made and entered into by and between Lake County, a political subdivision of the State of Florida (hereinafter, "County"); the City of Clermont, the City of Groveland, the City of Mascotte, the City of Minneola, and the Town of Montverde, all municipal corporations organized under the laws of Florida (hereinafter and collectively, the "South Lake Cities"); and Lake Utility Services, Inc., a Florida corporation (hereinafter, "L.U.S.I."). RECITALS WHEREAS, the County has broad home rule powers under the Florida Constitution and Section 125.01, Florida Statutes, to enter into agreements with other governmental agencies within or outside its boundaries for the joint performance, or performance by one unit on behalf of another, of governmental functions, and to enter into agreements with private entities and other governmental agencies for the purpose of providing and regulating water and alternative water supplies; and WHEREAS, the South Lake Cities have broad home rule powers under the Florida Constitution and Sections 163.01 and 166.021, Florida Statutes, which authorize municipalities to enter into agreements with other parties to make the most efficient use of their powers and allow municipalities to exercise their powers for municipal purposes, respectively; and WHEREAS, the St. Johns River Water Management District, the South Florida Water Management District, and the Southwest Water Management District are studying whether the Floridan Aquifer system is reaching its sustainable limits of use and exploring the need to develop supplemental sources of water,through a collaborative effort called the Central Florida Water Initiative("CFWI"); and WHEREAS, the St. Johns Water Management District ("SJRWMD") has developed a groundwater model for the Central Florida service area, and preliminary model results show that the South Lake County area is currently being impacted by groundwater withdrawals, both local and remote; and Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies WHEREAS, SJRWMD's groundwater model shows that six (6) Minimum Flow Level ("MFL") waterbodies (Boggy Marsh, Louisa, Pine Island, Minneola, Cherry, and Apshawa North and South) have been determined to be impacted by groundwater withdrawals, and are currently designated as being in prevention, meaning that future withdrawals will result in the MFLs not being met in the future; and WHEREAS, SJRWMD is required to develop a prevention strategy for these waterbodies, but is delaying development of a prevention strategy pending the results of efforts associated with the Central Florida Water Initiative; and WHEREAS, the South Lake Cities, along with the County and the Lake County Water Authority, have determined to take a cooperative approach to resolving collective current and future water resource demands in South Lake County; and WHEREAS, as major utility service provider in South Lake County, L.U.S.I. wishes to work closely with the County and the South Lake Cities on water resource issues in South Lake County; and WHEREAS, the South Lake Cities, Lake County and L.U.S.I. wish to obtain the services of a consultant with water resources expertise to oversee the cooperative efforts of the parties; NOW,THEREFORE, in consideration of the foregoing recitals, promises and mutual covenants contained herein, the parties hereto agree as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein. 2. Purpose. The purpose of this Agreement is for the parties hereto to pool resources in order to procure the services of a water resources consultant to oversee a three-phase plan for studying and assessing water demand projections, water supply options, impact mitigation strategy and infrastructure capacity in South Lake County and to perform the Scope of Services contained in Exhibit"A", attached hereto and incorporated herein. 3. Retention and Funding of an Oversight Consultant. The parties hereby appoint the City of Groveland to procure and retain the services of a water resources consultant("Oversight Consultant") to fulfill the Scope of Services contained in Exhibit "A". The selection of the Oversight Consultant shall be subject to approval by the party representatives listed in the Notice section of this Agreement. Page 2 of 14 S\DOCUMENT\2015\GROWTH MANAGED/EN-Maier Supply Strategies in South Lake\Agr Between LC South Lake Cities and LU S L for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_final redlined drafi_2 18 15_docx Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies A. Cost of Services and Funding. The cost of services for the Oversight Consultant is estimated at approximately thirty thousand dollars ($30,000.00). By executing this Agreement, the parties agree to be obligated to pay their allotted share for funding of the Oversight Consultant according to the following: 16.33%or four thousand, nine hundred dollars ($4,900.00) to be contributed by all parties other than the Town of Montverde, which shall contribute two percent (2%) or six hundred dollars ($600.00); however, in no event shall any one (1) party's contribution exceed five thousand dollars ($5,000.00). The parties' funding contributions shall be provided as follows: (r) The City of Groveland shall negotiate an agreement with the selected Oversight Consultant to include the scope of services described in Exhibit "A", attached hereto and incorporated herein. The agreement shall include a provision that the Oversight Consultant shall submit invoices for payments no more frequently than once every thirty (30) days during the term of the agreement. Upon approval of an agreement between City of Groveland and the Oversight Consultant, the City of Groveland shall provide written notice of the same to the parties. Within thirty (30) days of the receipt of notice from City of Groveland, each party shall make a one time, lump sum payment to the City of Groveland in their allotted amount of the estimated cost set forth above, for City of Groveland to draw upon after contributing its allotted amount, in compensating the Oversight Consultant for the services described in Exhibit "A". The City of Groveland shall ensure that its contract with the consultant will not become effective until all parties have submitted their payments. (ii) If the City of Groveland wishes to terminate its contract with the Oversight Consultant, prior to any such action, the City of Groveland shall obtain unanimous approval of the proposed termination from the parties to this Agreement. Except for termination for cause, the parties agree that the Oversight Consultant shall be paid for work completed prior to termination. Page 3 of 14 S\DOCUMEN \2015\GROWTH MANAGEMENT\Water Supply Strategies in South LakeWgr Between LC,South Lake Cities and LU S I for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_final redlined dn$_2 18 I5_dock Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies B. Consultant Management. The City of Groveland shall manage the Oversight Consultant for the benefit of the parties to this agreement. The City of Groveland shall provide reports regarding the Oversight Consultant's work and tasks completed, including electronic/scanned copies of all Oversight Consultant work product to the staff member representatives listed in the Notice section of this Agreement or other representative designated by a party. All deliverables and other data generated or developed by the Oversight Consultant shall be the property of the parties to this Agreement, and may be used by the parties for any purpose. 4. Term of Agreement. This Agreement shall become effective upon execution of all parties, and shall remain in full force until final acceptance of the Oversight Consultants' services and work product. A party may terminate this Agreement without cause upon sixty (60) days written notice to the other parties, or at any time for cause. Termination by a party shall be conducted as provided below. A. General Termination Terms: Written notice of termination shall be sent to the addresses shown below under Paragraph 6 ("Notices"), and shall be considered properly given as of the date received. B. Effect of Termination without Cause. In the event of termination by any party without cause, the terminating party agrees that it will not be entitled to a refund or reimbursement of any kind of the funds paid to the City of Groveland as provided herein. 5. Assignment. This Agreement shall not be assigned without the written consent of all parties, except that L.U.S.I. may assign its obligations under this Agreement to any wholly owned subsidiary of Utilities, Inc., an Illinois corporation, without consent of the other parties. 6. Notices. Wherever provision is made in this Agreement for the giving, serving or delivering of any notice, statement, or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail or sent by facsimile, addressed as follows: Page 4 of 14 S\DOCUMENT\2015\GROWTH MANAGEMENriWater Supply Strategies in South Lake\Agr Between LC,South Lake Cities and LU S I for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_fnal redlined draft)18 IS_docx Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies COUNTY CITY OF CLERMONT Lake County Manager Clermont City Manager Post Office Box 7800 685 W. Montrose St., 3rd Floor Tavares, Florida 32778-7800 Clermont, FL 34711 CITY OF GROVELAND CITY OF MASCOTTE Groveland City Manager Mascotte City,Manager 156 South Lake Ave. 100 East Myers Blvd. Groveland, FL 34736 Mascotte, FL 34753 CITY OF NIINNEOLA TOWN OF MONTVERDE Minneola City Manager Montverde Town Mayor 800 N. U.S.Hwy. 27 P.O. Box 560008 Minneola, FL 34715 Montverde, FL 34756 LAKE UTILITY SERVICES,INC. President 200 Weathersfield Avenue Altamonte Springs, FL 32714 7. Entire Agreement. This document embodies the entire agreement between the parties. It may not be modified or terminated except as provided herein. 8. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, it shall be considered deleted here from, and shall not invalidate the remaining provisions. 9. Modification. No modification, amendment or alternation of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. (Rest of Page Intentionally Left Blank] Page 5of14 S\DOCUMENT2015\GROW rH MANAGEMENT\Water Supply Strategies in South Lake\Ag Between LC,South Lake Cities and LU S 1 for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_final redlined drafl_2 18 15_docx • Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies IN WITNESS WHEREOF,the parties to this Agreement, by their signatures, have caused this Agreement and all its parts to be fully executed this day of Ci,{uif , 2015. LAKE COUNTY BOARD OF COUNTY COMMISSIONERS ATTEST: OF LAKE COUNTY,FLORIDA .Neil elly, Cl . :oft Ji y Co ner, Chairman oar•.gf! ounty Co •'o'ners r "pof Lakes C6unty;'Elorida ;�¢" ,K� �, � F- � This 0 day of �1 0�1 , 2015. a,� u Approved as to form and legality: 1110 Sanford A. Minkoff County Attorney Page 6 of 14 S\DOCUMEN112015\GROWTH MANAGEMEN 1Water Supply Strategies in South Lake\Agr Between LC,South Lake Cities and LU S L for Funding of Phase It Oversight Consultant\Agr for Oversight Consultant_final redlined draft_2 18 15_docx • Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies CITY OF CLERMONT ATTEST: _ Tracy,Ackroyd, City,>Clerk Gail L. Ash, Mayor �� �, = -` This 24th day of February, 2015. \ , oma\' j, zi yti • 1, Approved Approved as to form and legality: '•'. 'tzarls, ity Attorney Page 7 of 14 S\DOCUMENT\2015\GROWTH MANAGEMENT\Water Supply Strategies in South Lake\Agr Between LC,South Lake Cities and L U S I for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_final redhned draft_2 18 I5_docx Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montvcrde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies CITY OF GROVELANI) ATTEST: AAA Teresa Begley, City C k / Tim Loucks,Mayor M nn This2M) day of ►NSC , 2015. Approved as to form and legality: OnftaL.,2eAtt-c .- Anita Geraci-Carver, City Attorney Page 8 of 14 S 1DOCUMENT20151GROWru MANAGEMENTWater Supply Strategies in South Lake\Agr Between LC,South Lake Cities and LU S I for Funding of Phase B Oversight Consultant\Agr for Oversight Consultant_final redlined drafi_2 18 15_docx I � Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies CITY OF MASCOTTE ATTEST: P ' Ts,6 O acco{?\\DrMLM7u,aJith heHawkins, City Clerk g('e • Q Birk4grMayor This [6' 'day of Mac ,2015. 3;R,.7,-." ,,,:r-,.:2,,9-,- y�.I i;,,X, -:,• .rte• $•7_••w. `./ib -.3 Approved as to form and legality- ' -` '�,,`--- , =x t� ''p 1- ,'"'!a - =i," "7a ,%?G'-' nn. ro Virgi�Cassady, City Attorney "3 r �� Page 9 of 14 S\DOC UVIL-NTl201,,GRO W"III MANAGLMLNI Wuttr Supply Slraugo in South Lakc'Agr BLL.vc n Lf South LoLc(arc,and L(I S 1 for Funding of Phase II Ove tight i rr okao&Ay for Oversi,ht Consultant firal redlrm.d di aft 2 I N IS docx • Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies CITY OF MINNEOLA ATTEST: JJ J..— Ak1`. Christina Stidham, City Clerk Pat Kelley, Mayor This r ,3 ay of Mat , 2015. \owt11tlllrr `\\sof MINT' Approved as to s rm a _ . . _xind legality: _ 1926 L :* PLORIOr. ''''rrri.ritrl l\\`‘, Scott Gerken, City Attorney Page 10 of 14 S\DOCUMEN\2015\GROWTH MANAGEMENTWater Supply Strategies an South Lake\Agr Between LC South Lake Cities and L U S I for Funding of Phase II Oversight Consultant\Agr for Oversight Consultant_final redlined drafi_2 18 15_docx Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee WaterS upply and Infrastructure Studies TOWN OF MONTVERDE ATTEST: 1A144:144,, Grrifftni Wells, City Clerk 'oy :-I tt,` aye O This day of , 2015. Approved as to form and legality: avt Anita Geraci-Carver, Town Attorney Page 11 of 14 S\DOCUMENT12015\GROWTH MANAGEMENT\Water Supply Strategies ur South Lake Wgr Between LC South Lake Crues and L U SI for Funding of Phase II Ovenapbt Consultant\Agr for Ovemght Consultant final redlined draft_2 18 15_docx Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies LAKE UTILITY SERVICES,INC. ATTEST: %IP- i0 lir Print Name: J,,,0 14 y Title: e i t_-yu?- This This /'9 day of ,ev q,2 y , 2015. Page 12 of 14 S\DOCUMENT12015\GROWTH MANAGEMENT\Water Supply Stmtegtes m South Lake\Agr Between LC,South Lake Cmes end L U S 1 for Fundug of Phase II O.ersrght Consultant\Agr for Oserstght Consultantfowl redlined draf_2 18 15_does 1 . Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Mtnneola,the Town of Montverde,and Lake Utility Services,inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies EXHIBIT"A" OVERSIGHT CONSULTANT SCOPE OF SERVICES Project Location: South Lake County Project Background Local governments in South Lake County are participating in the Central Florida Water Initiative (CFWI) The CFWI process involves bunging together three water management districts, the Florida Department of Environmental Protection (FDEP) and local governments in a five county area to cooperatively address the region's water supply needs in an environmentally sustainable fashion The CFWI's goal is to obtain information that will enable the development of specific water supply projects through partnerships with water users. Projections for water supply needs in South Lake County amount to approximately three (3) times that estimated by the CFWI. Accordingly, the cities of Clermont, Groveland, Mascotte, Minneola and Montverde, Lake County and Lake Utility Services, Inc (L.0 S I) and other stakeholders in South Lake County are working to share information, pool resources and explore water supply strategies that are specific to South Lake County and based on the most current and best information available The parties' efforts will be implemented through three phases Phase I has been funded by the State of Florida and is already in the process of implementation, and involves the solicitation of an engineering firm's services through the City of Clermont's procurement process to summarize demand projections, review available water supply sources in the region, develop potential impact mitigation strategies and evaluate infrastructure needs and cost estimates Phase II will involve development of water conservation strategies for South Lake County. Phase iII will entail a study of existing conditions of hydrologic flow and an inventory of existing infrastructure such as culverts and diversions in the Clermont Chain of Lakes The purpose of this solicitation is to retain the services of a water resources consultant to attend CFWI and other water resource-related meetings, and to provide coordination for all of the phases Minimum Vendor Qualifications - Broad expenence in the processing of Consumptive Use Permits - Familiarity and experience with water utility systems - Experience in the development of water conservation policies - Experience in presentation of water-related issues to public boards and commissions Outline of Work Tasks Provide broad coordination in regards to water supply options and strategies to include but not be Page 13 of 14 S\IOCUMhN Ulu 15\C,ROWTH 114N 101 MEN'Water Sup,ly Su ucGlev in South I akc\nl,r Between IJ„South I tke Cue.and I ILS I for Funding of Phase II Ove right Cono II,oi`4gr h, Ovorr ght Consultant hnal n.iI ncd drat j IR 1,_do., Agreement between Lake County,the City of Clermont,the City of Groveland,the City of Mascotte,the City of Minneola,the Town of Montverde,and Lake Utility Services,Inc.for Retention of a Consultant to Oversee Water Supply and Infrastructure Studies limited to: l Consultant shall act as a coordinator for the cooperative efforts of the Cities of Clermont, Groveland, Mascotte and Minneola, the Town of Montverde, Lake County and Lake Utility Services, Inc (the "funding parties") regarding water supply issues in South Lake County and Central Florida. 2 Assist in formation of water conservation strategies for South Lake County 3 Attend all meetings at the direction of the project manager 4 Attend Central Flonda Water Initiative meetings as directed by the project manager. 5 Attend water related meetings on behalf of the South Lake Cities, L.0 S I and Lake County and provide representation within budgetary parameters 6. Monitor and coordinate Phase I consultant's study with the cities in South Lake County and provide written comments to the parties 7. Assist Lake County in seeking funding for Phase IH "Hydrologic Flow Study and Water Resources Infrastructure Inventory" Budget Information: In accordance with the Interlocal agreement, the funding parties have agreed to provide funding for this position in the amount of$30,000 This is a not-to-exceed value. All funds will be used to pay for the services rendered by the selected consultant as detailed in this scope of services. The selected consultant shall serve at the direction and advise the City of Groveland as project manager in writing on a bi-weekly (every two weeks) basis of the total hours expended and total billing values accrued under the project current as of each such financial update The City of Groveland, subject to approval by the funding parties, reserves the right to adjust work assignments in a manner intended to provide the most appropnate and effective support to the project within the expressed pricing parameter. No billings beyond the total dollar value expiessed above will be processed for payment by the City of Groveland Deliverables The deliverables provided by the consultant should be consistent with the tasks and deliverables identified and described above The funding parties will retain ownership of all deliverables of the Work Tasks resulting from the Oversight Consultant's work, and shall have final authority on the sharing and/or distribution of these deliverables outside of Lake County Performance Period for Services in General and for Assigned Tasks The funding parties anticipate that all services will be performed within a one year term. Specific tasks are to be completed in the time frames set by the project manager. Page 14 of 14 'UUU/NLN 12 151(rROW LH\IANAGI\11 is Waler Supply StrnleLtek tu South Lake Agr Between(( Coot h I rkr(nrc and I U si for hu rdtng 01 Phvsc II 0vc0.031 t Lonsuhvu'Agr for U.crsrgla Coucultarn l inn l rcdhncd rtr,n)IS 15,d rkx