Contract 2023-108A2023-108A
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF CLERMONT AND
THE CITY OF MINNEOLA FOR
PROVISION OF WASTEWATER
SERVICES
THIS AGREEMENT is entered into between the CITY OF CLERMONT, Florida
(hereafter referred to as "CLERMONT"), and THE CITY OF MINNEOLA, Florida (hereafter
referred to as "MINNEOLA"), pursuant to the "Florida Interlocal Cooperation Act of 1969",
section 163.01 Florida Statutes.
WHEREAS, MINNEOLA operates a water and wastewater utility that serves
approximately 12,000 customers; and
WHEREAS, MINNEOLA would like to provide wastewater services and thereby provide
means to eliminate the use of septic tanks for waste removal for a new development within
MINNEOLA'S 180 Utility District located on property described on Exhibit A, attached hereto
and incorporated herein by reference (the "Property"); and
WHEREAS, CLERMONT operates a water and wastewater utility that serves
approximately 44,300 customers; and
WHEREAS, CLERMONT owns and operates a wastewater treatment plant (the "Plant")
which has excess capacity sufficient to treat a certain quantity of wastewater by the Property; and
WHEREAS, CLERMONT recognizes that greater utilization of the Plant's excess capacity
is more cost efficient; and
WHEREAS, the acceptance and treatment by CLERMONT of wastewater generated by
the Property will be financially beneficial to both CLERMONT and MINNEOLA and will be
beneficial to the citizens of MINNEOLA and CLERMONT and the public at large by providing a
more environmentally acceptable method of wastewater disposal than that provided by septic
tanks.
NOW THEREFORE, the parties do hereby agree as set forth below:
1. The recitals above are true and correct and are incorporated into this Agreement as an
integral part.
2. Subject to the terms, conditions and limitations of this Agreement and available capacity
at the Plant, CLERMONT shall accept up to 30,000 gallons per day of wastewater from the
Property for treatment and disposal at the Plant (the "allotment"). Notwithstanding the forgoing,
nothing herein shall act as a reservation of capacity or commitment by CLERMONT to make
available the allotment (or portions thereof). CLERMONT'S acceptance of wastewater from
MINNEOLA is subject to the wastewater being in compliance with the quality and other criteria
for wastewater set forth in the Clermont City Code Chapter 66, and any and all amendments or
successor provisions thereto, and as mandated by any and all applicable law and permits related to
CLERMONT'S wastewater treatment system.
3. MINNEOLA shall pay to CLERMONT, in the manner specified in paragraph 8 of this
Agreement, all wastewater impact fees collected from any property serviced by this agreement at
an equal rate to CLERMONT'S wastewater impact fees and the sum of $5.64 per thousand
gallons of wastewater accepted by CLERMONT from MINNEOLA for treatment and disposal.
This is an "Intergovernmental Wholesale Rate" which is exclusive to MINNEOLA, based on
conditions that are unique and specific to MINNEOLA. The Intergovernmental Wholesale Rate
shall increase on October 1 of each year during the term of this Agreement by the greater of the
percentage identified in the FPSC Annual Index or 2.12 percent and may be adjusted by future
ordinance of CLERMONT. The assent by CLERMONT to accept wastewater from MINNEOLA
shall not be construed to obligate CLERMONT to accept, or consider accepting, wastewater
from other sources or to provide any operational or maintenance services of any kind related to
any wastewater system constructed by MINNEOLA. In addition to the above -referenced
Intergovernmental Wholesale Rate, MINNEOLA shall pay to CLERMONT a High Strength
Surcharge and a Hydraulic Peaking Factor Surcharge, if and as may be applicable and as
calculated in accordance with the formulas set forth in Exhibit `B," attached hereto and
incorporated herein.
4. MINNEOLA will collect meter readings from the MINNEOLA water meter system as the
means of measuring the amount of wastewater transmitted from the Property to the plant.
MINNEOLA shall report that usage to Clermont within 30 days of the normal meter reading cycle.
MINNEOLA may elect to charge a processing fee in addition to any charges agreed on by
CLERMONT and MINNEOLA.
5. The owner(s) of the Property shall construct or cause to be constructed (by developers or
other third parties) at its sole expense or that of the developer, the sanitary sewer force main and
pumping facility, as approved by CLERMONT, which may be required to transmit wastewater
from the Property to CLERMONT'S existing sewer system at a location approved by both
MINNEOLA and CLERMONT. CLERMONT acknowledges and agrees that once sanitary sewer
service becomes available to the Property as determined by MINNEOLA, the owner(s) of the
Property shall disconnect from the CLERMONT system and connect to MINNEOLA'S sanitary
sewer system within thirty (30) days of the date of written notice that such service is available.
6. MINNEOLA shall be responsible, financially and otherwise, for operation and
maintenance of the wastewater system on MINNEOLA'S side, up to the point of connection to the
manhole at the entry point to CLERMONT'S sewer system. CLERMONT shall be responsible,
financially and otherwise, for operation and maintenance of the wastewater system on
CLERMONT' S side, including the manhole and beyond. Provided however, that to the extent that
MINNEOLA'S failure to properly operate and maintain the wastewater system on MINNEOLA'S
side of the FS Ch. 180 District boundary so as to require maintenance or to cause damage to
CLERMONT'S side of the FS Ch. 180 District boundary, MINNEOLA shall be fully responsible
for the costs associated with the maintenance and damage repairs.
7. MINNEOLA agrees to maintain and regulate the use of its wastewater collection system,
to minimize infiltration and prevent harmful wastes from being deposited into its facilities, such
as would overload or cause damage to the Plant or interfere with the wastewater treatment process.
MINNEOLA further agrees to the same extent as CLERMONT to require adequate pre-treatment
of strong or harmful commercial wastes, at the source of generation, prior to permitting such
wastes to be discharged into its system for treatment and disposal at the Plant. It is expressly
understood and agreed that CLERMONT shall not be required or obligated to accept any
wastewater generated by an industrial use or containing industrial waste. Furthermore,
CLERMONT shall have the right to reject any connection to the system or acceptance of
wastewater hereunder for any use that CLERMONT reasonably determines is not in the best
operational interests of CLERMONT'S wastewater system.
8. CLERMONT will invoice MINNEOLA on a monthly basis for the amount due for
treatment and disposal of MINNEOLA'S wastewater. The amount to be billed shall be based upon
MINNEOLA'S monthly reading of the quantity of water sold and metered by MINNEOLA to the
Property as referenced in paragraph 4, plus any surcharges as described in Exhibit `B" hereto.
Payment will be due to CLERMONT no later than twenty days after the invoice is rendered. The
temporary capacity allotment granted herein to MINNEOLA may not be sold, sublet, transferred
or assigned by MINNEOLA to any entity.
9. MINNEOLA agrees to the extent permitted by law and without waiving its sovereign
immunity, to hold harmless and defend CLERMONT, its officials, employees, contractors or
agents for and from any and all damages including attorney's fees that may arise out of, or related
to, any claim or cause of action, or threat thereof, of a third party, related in any manner to a
customer connection to the MINNEOLA wastewater system.
10. The Term of this Agreement shall be perpetual from the effective date of this Agreement
except as provided otherwise in Section 5 above. This Agreement shall be effective upon final
adoption of an ordinance or resolution (as each may require) by both CLERMONT and
MINNEOLA. The Effective Date shall be the date of final adoption by the last party.
11. This Agreement may not be terminated by either party prior to its expiration, unless an
amendment to the Agreement is approved by both CLERMONT and MINNEOLA, in writing, or
if one party is in breach of any of the terms and conditions of this agreement and fails to correct it
within thirty (30) days after written notice unless it requires more than thirty (30) days to make
such corrections, and in such case the breach shall be cured within a reasonable time.
12. In the event of any dispute related to this Agreement, the parties agree to resolve the dispute
consistent with the conflict resolution procedures established in Chapter 164, Florida Statutes. If
there is a failure to resolve the conflict, no later than 30 days following the conclusion of the
procedures established in "The Florida Governmental Conflict Resolution Act" Chapter 164, a
party may file an action in circuit court. Venue for any cause of action to be filed hereunder shall
be exclusively in Lake County Circuit Court.
13. All notices, consents, approvals, waivers, and elections that either party requests or gives
under this Agreement must be in writing and shall be given only by hand delivery, or by certified
mail, prepaid with confirmation of delivery requested. Notices shall be delivered or mailed to the
addresses and parties set forth below or as any party may otherwise designate in writing.
City of Clermont, City Manager
685 West Montrose Street -3rd Floor
Clermont, FL 34711
City of Minneola, City Manager
800 North US Highway 27
Minneola, FL 34715
14. This Agreement is solely for the benefit of the 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. Nothing in this
Agreement, either expressed or implied, is intended or shall be construed to confer upon or give
any person, corporation or governmental entity other than the parties any right, remedy or claim
under or by reason of this Agreement or any provisions or conditions hereof, and all the provisions,
representations, covenants, and conditions herein contained shall insure to the sole benefit of and
shall be binding upon the parties, and their respective representatives, successors and assigns. In
particular, and without limiting the generality of the foregoing, individual customers of
MINNEOLA are not intended as third party beneficiaries of this Agreement, and shall have no
standing to enforce this Agreement or to assert any claim against CLERMONT which arises out
of or is related any way to this Agreement or the services provided by CLERMONT under this
Agreement.
15. Each represents and warrants for the benefit and reliance of the other its respective
authority to enter into this Agreement, and acknowledges the validity and enforceability of this
Agreement. The parties hereby represent, warrant and covenant this Agreement constitutes a legal,
valid and binding contract enforceable by the parties in accordance with its terms and conditions,
and that the enforceability is not subject to any impairment by the applicability of any public policy
or police powers.
16. This Agreement sets forth the entire understanding of the parties with regard to its subject
matter. It supersedes and takes precedence over any and all prior negotiations, representations and
agreements, oral or written, all of which are deemed to have merged into this Agreement and to
have been extinguished except to the extent specifically set forth herein. This Agreement may not
be amended orally, by implication, by course of conduct, or in any other manner whatsoever than
by way of a written instrument signed by both parties hereto or their lawful successors. This
Agreement shall be construed in accordance with the laws of Florida and venue for any action or
proceeding arising out of this Agreement shall be in Lake County, Florida. This Agreement shall
be binding on the parties hereto, as well as on their lawful successors and assigns. Each party
represents for the benefit of the other that it has not entered into this Agreement in reliance on, or
on the basis of, any promise, negotiation, representation, undertaking or agreement of the other
party, oral or written, which is not specifically set forth within this Agreement.
17. If any portion of this Agreement is declared invalid or unenforceable, then to the extent it
is possible to do so without destroying the overall intent and effect of this Agreement, the portion
deemed invalid or unenforceable shall be severed here from and the remainder of this Agreement
shall continue in full force and effect as if it were enacted without including the portion found to
be invalid or unenforceable.
18. This Agreement shall be recorded in the Public Records of Lake County, Florida as
required by applicable Florida Statutes.
IN WITNESS WHEREOF, each of the parties has caused its duly authorized representatives to
set their hands to this Agreement on the dates indicated below.
THE CITY OF CLERMONT, FLORIDA
Tim Murry, May
ATTEST:
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{'p( Tracy Ackroyd-Howe, MMC
City Clerk
APPROVED AS-10 FORM AND CONTENT:
Witnesses:
P nt N C v SQ.,
Print Name:e-
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this Jd day of P N v C' tZ
2023, by, Tim Murry as Mayor of the City of Clermont, Florida, who executed the foregoing
instrument and acknowledged before me that he executed the same for the uses and purposes
therein expressed, and who is personally known to me. _
SEAL
Notary Pi
My Comr
,a�Pa Notary Publie State of Florida
,T Donald Price
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THE CITY OF MINNEOLA, FLORIDA
Pat Kelley, Mayor
ATTEST:
April Sheppard, Acting City Clerk
APPROVED AS TO FORM AND CONTENT:
Scott Gerken, CITY ATTORNEY
Witnesses:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF LAKE
The foregoing instrument was acknowledged before me this day of ,
2023, by Pat Kelley, as Mayor of the City of Minneola, Florida, who executed the foregoing
instrument and acknowledged before me that he executed the same for the uses and purposes
therein expressed, and who is personally known to me.
SEAL
Notary Public
My Commission Expires:
Typed or Printed Name
Exhibit "A"
Legal Description of the Property
Exhibit A
Legal Description
Commencing at the Southwest comer of Block 54, as per the official map of the Town of Mineola,
Florida, recorded in Plat Book 9, Page 31, Public Records of Lake County, Florida; thence Eastwardly
along the South line of said Block 54 and said line extended to the intersection of the said line with the
West line of U.S. Highway No. 27, which is the real point of beginning for this conveyance; thence
W_q&[& along the South line of said Block 54 and said line extended a distance of 680 feet, more or
less, to the Southwest comer ofsaid Block 54; thence Southwestwardly, along the West line of said Block
54 extended, a distance of 360 feet, more or less, to the Southwest comer of Lot 4 of Block 55 as per the
official map of the Town of Mineola, Florida, recorded in Plat Book 9, Page 31, Public Records of Lake
County, Florida; thence Eastwardly along the South line of said Lot 4 and said line ceded a distance of
840 feet, more or less, to the West line of said U.S. Highway No. 27; thence Northwestwardly along the
West line of said U.S. Highway No. 27 to the Point of Beginning of this conveyance.
AND
Lots 2 and 5, Block 55, Official Map of the Town of Minneola. according to the plat thereof as recorded
in Plat Book 9, Page 311 EUWIQ Records of Lake County, Florida.
AND
Lot 2, Block 52, Official Map of the Town of Mineola, according to the plat thereof as recorded in Plat
Book 9, Page 31, Public Records of Lake County, Florida, lying West of U.S. Highway No. 27.
LESS: That portion of MQ= Avenue lying East of Block 55, West of Lot 2, Block 52, South of
Sil erton Street, Official Map of the Town of Minneola, according to the plat thereof., as recorded in Plat
Book 9, Page 3 I, Public Records ofLake County, Florida, and North ofthe subdivision named Edgewood
Lake North, according to the plat thereof; as recorded in Plat Book 35, Page 17, Public Records of Lake
County, Florida.
ALSO LESS: From a concrete monument at the " comer of Block 55 (Sheet No. 7) of Official Map of
the Town of Mineola, as record in Plat Book 9, Page 31-F, Public Records of Lake County, Florida,
run South along the East right-of-way line of Galena Avenue 630 feet to a concrete monument and point
of beginning: run thence North 60 feet: thence S. 890 57 E. 913.32 feet to the Westerly right-of-way line
pfU.S. Highway No. 27; thence Southeasterly along said right-of-way line 61.85 feet to a concrete
monument which is S. 89 57' E. of Point of Beginning; thence N. 89° 57 W. 929 feet to the Point of
Beginning.
AND
The on -site right-of-ivay vacated by the tlinneola City Council.
Exhibit `B"
High Strength Waste Surcharge and Hydraulic Peaking Factor Surcharge
MINNEOLA shall pay to CLERMONT in addition to the Intergovernmental Wholesale Rate
the following surcharges as may become due based on the criteria and formula set forth
below:
L High Strength Waste Surcharge Criteria.
A. Surchargelor abnormal strength wastes,
1. A surcharge shall be imposed where the wastewater from MINNEOLA contains an abnormally
high BOD or suspended solids concentration. The surcharge in dollars shall be computed by
multiplying the average milligrams per liter (mg/L) of each constituent that exceeds three hundred
(300) mg/L minus 300 mg/L, times the metered sewage flow of MINNEOLA during the
9 billing period in millions of gallons times a treatment surcharge factor.
2. The treatment surcharge factor shall be derived annually from the following
formula (the factor of 600 being the maximum normal BOD plus suspended solids content expressed
in milligrams per liter):
Treatment Surcharge Factor = Intergovernmental Wholesale Rate Der million gallons
600
3. CLERMONT at any time, may take samples of MINNEOLA 's wastewater.
Should a sample show abnormal strength, CLERMONT will take two (2) additional samples within
the next succeeding ten (10) days. The average of these three (3) tests will be used to determine
whether a surcharge is due for that month, and, if so, the amount thereof. MINNEOLA may request
additional samples, and CLERMONT will take such additional samples and include the results
thereof in calculating the average strength in the month in which taken, provided that the cost of such
additional samples shall be paid for by MINNEOLA.
B. Definition of Terms.
1. Surcharge - Amount of money added to MINNEOLA's monthly bill to defray
the additional expense that might be created due to high strength wastewater discharge to
CLERMONT's system in the billing period.
2. BOD - five-day biochemical oxygen demand as determined in accordance with
the testing procedure as defined in Standard Methods for the Examination of Water and
Wastewater ("Standard Methods"), latest edition.
3. Suspended Solids - Non -dissolved solids contained in the sewage that can
be removed by filtration as determined by the testing procedure as set forth in Standard Methods,
latest edition.
4. Each Constituent - Defined as either BOD or Suspended Solids as far as
waste strength is concerned.
IL Hydraulic Peaking Factor Surcharge.
A. Surcharge
For each day that MINNEOLA transmits wastewater to CLERMONT's system for a consecutive
four-hour period at a flow rate in excess of 200% of the Average Daily Peak Flow ("ADPF"), up to
250% of the ADPF, MINNEOLA will pay a 1 % surcharge on its monthly charge not including the High
Strength Surcharge above. For each 5% or fraction thereof in excess of 250% for a consecutive four-hour
period that the flow exceeds the Average Daily Peak Flow, MINNEOLA will be billed an extra 1 % on its
monthly service charge.
B. Definitions.
Average Daily Peak Flow (ADPF) - MINNEOLA Is total flow during the four (4) consecutive
months of greatest flow during the twelve (12) month period ending on the last preceding September 30th,
divided by the total number of days in such four (4) month period. Average Daily Peak Flow in such
four (4) month period will be based on the flow meter readings used for billing MINNEOLA.