1996-30
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JOINT P ARTICIP ATION AGRF.F.MRNT BETWEEN THE
0 KLA W AHA BASIN RECREA TI ON AND WATER
CONSERVATION AND CONTROL AUTHORITY
AND
CITY OF cr.F.RMONT
FOR DISTRIBUTION OF LAKE ENHANCF.MRNT GRANT FUNDS
FOR THE
ClTY' S CENTRAL BU SJNESS DISTRICT STO RMW A TER
TREATMENT AND COLLECTION SYSTEM
IN LAKE COUNTY, FLORIDA
TIllS AGREEMENT, entered into by and between the City of Clermont, a political subdivision of the
State of Florida, hereinafter called "CLERMONT", and the Oklawaha Basin Recreation and Water
Conservation and Control Authority, a public corporation in Lake County, Florida, hereinafter called
"AUTHORITY".
WITNESSETH:
WHEREAS, the AUTHORITY, was created by its Special Act, Chapter 29222, Laws of Florida, for the
purposes, among others, of controlling and conserving the fresh water resources of Lake County and
preserving, protecting, and improving the fIsh and wildlife of the county, and
WHEREAS, the reduction and ultimate elimination of untreated stormwater into our public waterways
will ultimately benefit the ecology of our waterways and the residents and tourists that use them., and
WHEREAS, it is desirable for the Authority to assist the municipalities of Lake County in a
coordinated effort through the provision of grant funds to reduce the influx of untreated stormwater into the
publicly owned waterways of Lake County, and
WHEREAS, the Board of Trustees for the AUTHORITY at a regularly scheduled meeting on October
4, 1995, formally adopted the Lake Enhancement Grant Program, and
WHEREAS, the AUTHORITY with the assistance of the Lake County Department of Public Services,
on October 11, 1995, sent a letter and accompanying Lake Enhancement Grant Program Application Form.,
to all municipalities in Lake County, and
WHEREAS, CLERMONT completed the Grant Application Form and submitted it to the Department
of Public Services prior to the November 15, 1995, deadline, and
WHEREAS, the Technical Review Team as appointed by the AUTHORITY reviewed the application
and made a formal recommendation to the Board of Trustees at a regularly scheduled meeting on December
6, 1995, and the AUTHORITY by unanimous vote approved a grant in an amount not to exceed $210,270 for
CLERMONT; and
WHEREAS, the grant of these funds by the AUTHORITY to CLERMONT is to help effect the
construction and implementation of the proposed Phase I portion of the City's Central Business District
Stormwater Treatment and Collection System., hereinafter referred to as the .PROJECT., by removing 90%
of pollutants that are currently being generated by the described 60 acres ofland currently discharging directly
into Lake Minneola, rather than to enhance the future stormwater capacity of the downtown area of Clermont.
NOW, THEREFORE, in consideration ofthe mutual benefits to be derived by their joint participation
as provided in this Agreement, the parties agree as follows:
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1. CLERMONT accepts such grant from the AUTHORITY on the conditions and for the sole
purposes expressed in this agreement.
2. CLERMONT shall hire a professional engineering consultant using CLERMONT's normal
bid procedures to perform the work for the PROJECT as described in, and in accordance, with Exhibit "A"
attached hereto and by this reference made a part hereof.
3. CLERMONT shall be solely responsible for the payment of the expenses of obtaining the
preliminary design and engineering and fmal permitting so that the PROJECT will meet all applicable
requirements of federal, state, and local regulatory agencies for the construction of such a stormwater retention
facility.
4.
Payment of grant monies by the AUTHORITY to CLERMONT shall be as follows:
A CLERMONT agrees to certify that project cost estimates are an accurate
representation of the PROJECT'S cost, prior to starting the acquisition of right-of-way or
construction phase of the project. CLERMONT shall notify the AUTHORITY after the
preliminary engineering phase if the PROJECT cost estimates are not representative of the
projected$400,000 cost initially estimated by CLERMONT to complete the construction phase
of the project. CLERMONT shall notify the AUTHORITY of changes in the projected project
cost and report all corresponding increases and decreases that are anticipated to complete the
PROJECT.
B. The AUTHORITY warrants to CLERMONT that these funds have been
budgeted and are intended to be administered for this PROJECT by the end of the
AUTHORITY's 1996 Fiscal Year of September 30, 1996.
C. AUTHORITY'S contribution shall be used by CLERMONT solely for the
acquisition of lands and construction of Phase I of the PROJECT. CLERMONT shall pay
twenty-five per cent (25%) of the expense of acquiring lands for the PROJECT and
constructing the PROJECT and the AUTHORITY shall pay the remaining seventy-five percent
(75%). Nevertheless, the total amount granted by the AUTHORITY shall in no event exceed
$210,270. If CLERMONT's expenses exceed more than the maximum allowable amount to
be paid by the AUTHORITY, CLERMONT shall be responsible for the excess expenses.
D. AUTHORITY in no instance will distribute to CLERMONT funds in excess
of the actual costs incurred by CLERMONT for the purposes expressed in this Agreement.
-Actual costs," are for this purpose defmed as CLERMONT's direct payments to its
purchasing agent or construction contractor.
E. CLERMONT shall submit appropriate paid invoices to the offices of the
AUTHORITY no later than the last Wednesday of each month. AUTHORITY shall make
payments to CLERMONT in amounts equal to seventy-five percent (75%) of the appropriate
payments made to the purchasing agent or construction contractor over the course of the
project. AUTHORITY reimbursements to CLERMONT on timely submitted invoices shall be
made within fIfteen (15) calendar days from the first Wednesday of each month.
F.
Payments are further conditioned on the following:
i. That CLERMONT pays its prorata share ofthe PROJECT as outlined
in this Agreement;
ü. That CLERMONT provides AUTHORITY the necessary invoices and
other documentation sufficient to evidence that CLERMONT has incurred the actual
expense;
Lake Enhancement Grant Program -- Joint Agreement
Page 2 of 4
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ill. That CLERMONT provides AUTHORITY written notification from
a person duly authorized by CLERMONT to confirm that CLERMONT has incurred
the actual expense;
iv. That CLERMONT completes the expensed portion of the project in
accordance with the approved plans and specifications.
G. If CLERMONT does not expend its prorata share of the cost for the work
performed as set forth in this Agreement, then AUTHORITY will make payment OIÙY in an
amount proportionate to that which CLERMONT has made and provided dœumentation to
the AUTHORITY in accordance with this agreement.
H. The Board of Trustees of the AUTHORITY shall approve the goods and
services provided prior to payment.
1. Bills for fees and other acceptable compensation for services or expenses shall
be submitted in detail sufficient for a proper preaudit and" postaudit.
5. CLERMONT shall use funds received from the Authority solely for the water quality
treatment or enhancement of existing stormwater traveling to Lake MinneoIa. CLERMONT agrees that any
additional revenue collected through the sale of future retention capacity will be utilized to further expand the
existing stormwater capacity of the system through capital improvement to directly improve the water quality
to the receiving waters of the Clermont Chain-of- Lakes.
6. CLERMONT shall provide progress reports to AUTHORITY in the standard format used by
CLERMONT and at time intervals approved by the AUTHORITY. AUTHORITY will be entitled at all times
to be advised, at its request, as to the status of work being done by CLERMONT and of details thereof. Either
party to the Agreement may request and be granted a conference at any time with reasonable notice.
7.
purposes.
AUTHORITY will have the right to visit the construction site of the PROJECT for inspection
8. CLERMONT agrees to keep complete, accurate records and accounts of all costs, expenditures
and other items incurred by it in the acquisition of right-of-way or the construction of the PROJECT.
9. CLERMONT shall defend, save, and hold harmless the AUTHORITY from any and all claims
and demands for compensation for injuries or property damages arising from, out of, or occurring because of
acts or omissions of action by CLERMONT, their agents, servants, or employees while in the performance of
the provisions of this contract during the life hereof, or thereafter as directly or indirectly connected with said
contract.
10. This document incorporates and includes all proper negotiations, correspondence,
conversations, agreements, or understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements or understandings concerning the subject matter of this
Agreement that are not contained in this dœument.
11. AUTHORITY and CLERMONT both agree that any alterations, amendments, deletions, or
waivers of the provisions of this Agreement shall be valid OIÙY when reduced to writing and duly signed by
both parities.
12. AUTHORITY and CLERMONT agree that the PROJECT is necessary and practical and in
the best interest of the citizens of Lake County.
13. SEVERABILITY: Ifany part of this Agreement is adjudged invalid, the remaining parts shall
not be affected.
Lake Enhancement Grant Program -- Joint Agreement
Page 3 of 4
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14. NO TIllRD-PARTY BENEFICIARY: No person or entity shall have a right or claim of action
arising from or resulting from the Agreement except those who are parties to it and their successors in
interest.
15. INTERPRETATION: No provision of this Agreement is to be interpreted for or against any
party just because that party or that party's legal representative drafted the provision.
16. The failure of either party to insist on strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of same or similar nature.
IN WITNESS WHEREOF, CLERMONT has executed this Agreement this - day of April, 1996,
and the AUTHORITY has executed this Agreement this ~ day of:April; 1996-
June
OKLAWAHA BASIN RECREATION AND WATER
CONSERVATION AND CONTROL ORITY
Attest:
rP;m cia-. ~ ~ 0--
Witness
-4 ~ C/{. ¿ðþ-J
Witness
CITY OF CLERMONT
/2..
t A. Pool, Mayor
Attest:
(¿~ tL' /L:B!~ -Ii-
Witness
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April 2, 1996
MMC\WATER\CONTRACT\CLERMONT.LEG
Lake Enhancement Grant Program -- Joint Agreement
Page 4 of 4
8 ~XHIBIT "A"
-3ake~~
cY~cÆP~
APPLICATION FORM
The Lake County Water Authority (LCWA) has initiated a grant program for Lake
Enhancement, beginning in fiscal year 1996. The grant program will target
municipality/community projects within Lake County aimed at enhancing water quality with
other criteria included in the evaluation (as outlined below). The Lake Enhancement Grant
Program will be administered through the Lake County Department of Public Services and
evaluated by a technical evaluation team (Technical Review Team, TRT), with final award
of available grant funds by the LCWA Board of Trustees.
Fiscal year 1996 available grant funding is $300,000. This funding may be directed to one
or more applicants, at the discretion of the grant program evaluation team and the LCWA
Board of Trustees. Priority will be given to capital improvement projects that are ready for
construction or implementation, especially where funds can be fully expended or
encumbered by the end of fiscal year 1996 (September 30, 1996). The grant program is
not intended to fund on-going maintenance or operation.
Applications shall be received by the Lake County Department of Public Services no later
than November 15, 1995 to be considered. A review of the individual applications will be
reviewed and acted upon in the form of a recommendation by the Technical Review Team
by December 16, 1995. TRTs formal recommendation will then be sent along with the
accompanying applications to the LCWA Board of Trustees for their review prior to
December 27, 1995. The Lake County Water Authority Board of Trustees will discuss the
Technical Review Team's recommendation and make their formal award of the grant(s)
during their regularly scheduled meeting in January of 1996. Actual payment will be in the
form of a reimbursement to the municipality/community at 100% completion of proposed
project in accordance with approved plans as submitted.
0
Municipality or Community Name, Contact Name, Title
City of Clermont
Wayne Saunders, City Manaqer
0
Location of Proposed Enhancement Activity (attach aerial photographs,
maps or other materials to adequately depict the watershed, receiving water
and area of the proposed improvement)
- Aerial Attached
- Map attached
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Lake Enhancement Graì'h ~rogram
Application Form
Page 2
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Please provide input on the following criteria which will be evaluated:
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OVERALL PROJECT: Description of proposed lake Enhancement project.
Discuss the technical merits of the project, the operation and maintenance
plan, and the projected effectiveness of treatment with time. Describe the
cost estimate 'ass'ociated with the project, the schedule and the spending
plan. (20 points max)
-."-.,:-
-. The project includes the design, permlttrng,- end construction of ã- cëñiralized storm water collection and treatment
system for the City's Central Business District. The first goal of this project is to eliminate the direct discharge of
storm water that now flows into lake Minneola which has the designation of "Rorida Outstanding Waters.. The
City's Central Business District is the old original business district, of which the majority is built-out and was
constructed prior to storm water requirements for water retention or treatment. This area creates a significant amount
of storm water that flows directly into lake Minneola and two smaller internal lakes. The funding being requested
would be for Phase 1 which would collect and treat the discharge from an approximate 60 acre basin. eliminating an
estimated 90% of the pollutants that are now entering lake Minneola. A. second goal would be to provide additional
storage which would be designed as a centralized treatment area that would allow expansion of existing businesses
and development of other properties within the district.
The Central Business District is currently undergoing a revitalizatIon, however, businesses are restricted from expand-
ing due to a lack of on-site areas for water retention areas. The centralized system would allow expanding businesses
to connect to the centralized system which would be designed to accept the water from the specific areas included in
Phase 1. this would serve as a catalyst for further economic development of the erea while providing for protection of
lake Mlnneola. The City of Clermont would operate and maintain the collection and treatment system which would be
funded by a Storm Water Utility which has been in effect since its adoption by the City Council in 1990.
The estimated costs of engineering, permitting and construction of the Phase 1 system is $400,000 and because of
the pre-planning that has already been accomplished, our estimated time period for construction would be 12 months. -
0
STATUS OF PROJECT: Discuss the status of the Lake Enhancement
. project you are proposing for consideration. (15 points max)
- Conceptual This project was first discussed as a conceptual project by the City at the time the Storm Water
Utilit'/, V'¡¡ ¡ 9R:;¡¡;:t9!;! 1;:\' tbl! CQ"r~" ;n , 9cn "n~ ,""", ..>","'no~ tho Nn , prinri.\, m"jnr prni""t
- Study A l' contour topographic survey of the area has been completed and we are ready to move ahead
WHn me IInal aeslgn pnase once dll:l IUIIJIIlIj '" dvdlläblt:.
- Design
,
,
- Permits
- Bid Packages prepared
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Lake Enhancement Grant Program
Application Form
Page 3
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COST SHARING: What level of Cost Sharing is requested?
(Circle appropriate answer) (20 points max)
- 25% grant/75% Applicant . 20 points
.
- 50% grant/50% Applicant 15 points
- 75% grant/25% Applicant $300,000 Grant/$100,000 City GO point§)
- 75% grant/25% Applicant 5 points
- 100% grant 0 points
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STORMWA TER UTILITY: Does your community have an existing
stormwater utility or are you moving forward with establishing a stormwater
utility? (10 points max)
~Yes
10 points
Planned
5 points
(Please descnbe be!ow how the proposed project fits within your approved stormwater utIlity approved plan. Provided
accompanying documentatIon of your stormwater plan)
The City Council adopted a Storm Water Utility on September 1 1, 1990. At that time the
Council identified as their priority project a centralized storm water collection and treatment
system for the Central Business District with the major goals being the protection of Lake
Minneola by collecting and treating all of the direct runoff that now enters the lake and
providing a centralized storm water for the Central Business District to encourage revitalization
and economic development of that area.
Attached is a copy of the City's Storm Water Ordinance.
No 0 points
(rational for rating: establishment of a stormwater utility demonstrates a commitment by a community to its water quality enVIronment)
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lake Enhancement Grant Program
Application Form
Page 4
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RECEIVING WATERBODY: Identify receiving body of water.
(5 points max)
Lake Minneola (an Outstanding Florida Waters)
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PUBLIC BENEFIT: Discuss Public Benefit.
See attached (Attachment 1)
(5 points max)
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EFFECTIVENESS: Describe expected effectiveness of treatment
(% pollutant removal). (10 points max)
Estimated 90% I
0
Size of water shed area being treated.
Approximately 60 acres.
(for information only)
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COST PER AREA: Cost per watershed area being treated. (10 points max)
$6,666 per acre (approx.) I
(rational for rating. a higher score is given to a project whose receiving waterbody of high quality, as it doesn't make the best sense to
clean up water that will then be dumped to a 'dlrty' water body).
0
FLOOD RELIEF: Will the proposed project provide any level of flood relief
for the community? (5 points max)
The City of Clermont is a relatively hilly area compared to much of Florida and we do not
experience a high level of flooding, however, the centralized system wiJI eliminate
accumulation of water at certain traffic intersections which at times can be hazardous to
.
traffic in the rpntr;:¡1 Rllc;inpc;c; nic;tri~t
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Attachment 1
Public Benefit
The major public benefit of this project is two-fold. First and foremost is the protection of
Lake Minneola which is an "Outstanding Florida Waters". Lake Minneola is a pristine lake
which is one of the larger lakes in the Clermont Chain-of-Lakes and is a popular recreation area
for the region. The project will eliminate all of the district runoff from the Central Business
District that is now entering Lake Mjnneola.
The second benefit is an economic enhancement which will allow Central Business District
businesses to expand their building space by taking advantage of centralized storm water
treatment system. Several businesses and vacant properties will be able to develop into a
retail and professional opportunities which are now prevented from doing so because of lack of
space for on-site storm water retention.
lake Enhancement Gran'~'ogram
Application Form
Page 5
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The following table represents a compilation of the nine (9) categories with their respective
possible points that the Technical Review Team will utilize to evaluate and score the your
application. Each Team member will be asked to score each application individually and
rank them from high to low. Each Team members ranking will be combined into an overall
ranking of the Team. This final ranking will represent the basis for their final
recommendation to the Board of Trustees of the lake County Water Authority. It will be
the responsibility of the Board of Trustees to determine those projects that warrant grant
funds and the amount of funds to be awarded. Please keep in mind that the TRT can not
make assumptions regarding your application, so be as comelete as possible with the
package of materials that you provide.
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Category Possible Points Points Awarded Notes/Comments
Overall Project 20
Status of Project 15
Cost Sharing 20
Stormwater Utility 10
Receiving 5
Waterbody
Public Benefit 5
Effectiveness 10
Cost per Area 10
.
Flood Relief 5
I Totals I 100 I I I
Reviewer Comments: (Attach an additional sheet of paper as needed)
f:\u\f\docs\lakenha2.frm
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LAKE MINNEOLA
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LAKE MINNEHAHA
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CITY OF CLERMONT
Office of the City Manager
November 20, 1996
Dr. Robert W. Taylor
Executive Director
Lake County Water Authority
107 North Lake Avenue
Tavares, FL 32778-3119
Dear Dr. Taylor:
Enclosed is the addendum to the agreement between the City of Clermont and the
Lake County Water Authority regarding the Lake Enhancement Grant which has been
approved by the Clermont City Council on November 12 and signed by Mayor Robert
A. Pool.
Please return a fully executed copy of the agreement for our files.
Sincerely,
CITY OF CLERMONT
WAYNE SAUNDERS
City Manager
WS:aw
Enclosure
P.O, BOX 120219
.
CLERMONT, FLORIDA, 34712-0219
.
PHONE: 904/394-4081
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ADDENDUM TO AGREEMENT
THE AGREEMENT, entered into by and between the Ci ty of
Clermont, a political subdivision of the State of Florida,
hereinafter called "CLERMONT", and the Oklawaha Basin Recreation
and Water Conservation and Control Authority, a public corporation
in Lake County, Florida, hereinafter called "AUTHORITY" is herein
amended to extend the project funds administration date.
Therefore, Paragraph 4(B) is amended to read as follows:
B. The AUTHORITY warrants to CLERMONT that these
funds have been budgeted and are intended to be
administered for this PROJECT by the end of the
AUTHORITY's 1997 Fiscal Year of September 30, 1997.
This addendum, upon its execution by all parties, is herewith
made an integral part of the aforementioned Agreement and this
addendum shall supersede the Agreement in the event of any
conflicts.
Date:
0 KLA W AHA BASIN RECREA TI ON AND W A TEa
OONSERV ATION AND OONTROL AUTHORITY
Attest:
Gena M. Swartz, Chairman
Date:
CITY OF cr .F.1!MONT
/Z( ¿J ~--f?
N ametritle of person signing ------
Attest:
9 iVZJ7
October 11, 1996
MHC\WATER\CONTRACT\CLER-ADD.LEG
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Lake County Water Authority
"Caring for me beauty and
safetY of our waterways."'
/ /
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October 17, 1996
Mr. Wayne Saunders, City Manager
City of Clermont
P.O. Box 120219
Clermont, FL 34712
Dear Mr. Saunders:
Enclosed is an addendum to the agreement between the Lake County Water Authority and
the City of Clermont regarding the Lake Enhancement Grant that was awarded by the
Authority. The addendum extends until September 30, 1997 the time period for which
the Authority has budgeted the funds for the grant award. All other provisions of the
original agreement remain unchanged.
Please sign the addendum, haye your signature witnessed, and return the addendum to the
Authority. When it is fully executed, we will return a copy to you.
It is our intention to have all the Lake Enhancement projects completed, and all funds
expended, by September 30, 1997.
Let me know if you have any questions regarding the Lake Enhancement Grant program.
Sincerely,
Dr. Robert W. Tayl
Executive Director
cc: Lora Bailey, Lake County Public Services
Enclosure
(lake enhance-clermont 10-3-96)
,
J 07 North Lake Avenue [J Tavares, FIonda 32778-3 J J 9 D (904) 343-3777 D FAX (904) 343-4259
William C Davis Executive Director LJ Board Members James R. Gregg Chairman, leesburg, Florida 0 James V Modica, Jr. Vice Chairman, Mmneola, Flonda
Gena M Swartz Member, Tavares, Florida ~ James C Watkins Secretary-Treasurer, lady lake, Florida