Contract 2022-052AINTERLOCAL AGREEMENT BETWEEN
THE CITY OF GROVELAND; THE CITY OF MINNEOLA; THE CITY OF
CLERMONT; THE CITY OF MASCOTTE
AND SUNSHINE WATER SERVICES COMPANY (f/k/a UTILITIES, INC. OF
FLORIDA)
FOR RETENTION OF OVERSIGHT CONSULTANT
THIS AGREEMENT is made and entered into by the City of Groveland, the City of
Minneola, the City of Clermont, the City of Mascotte, all municipal corporations organized
under the laws of Florida and Sunshine Water Services Company (f/k/a Utilities, Inc. of Florida),
a Florida corporation (collectively, the "Parties").
RECITALS
WHEREAS, the St. Johns River Water Management District, the South Florida Water
Management District and the Southwest Water Management District are studying whether the
Florida Aquifer system is reaching its sustainable limits of use and exploring the need to develop
alternative and supplemental sources of water through a collaborative effort called the Central
Florida Water Initiative (CFWI); and
WHEREAS, the Cities of Groveland, Minneola, Mascotte, and Clermont as well as
Sunshine Water Services Company (SWSC) have been participating in the South Lake Regional
Technical Advisory Committee (SLRTAC) which fosters a cooperative approach to resolving
south Lake County's collective current and future water resource demands; and
WHEREAS, the Parties hereto, have determined t hat it i s i n t h e b e s t i n t e r e s t to
take a collaborative approach and resource sharing among the Parties, and through those
efforts, to decrease the region's dependency on groundwater withdrawals and protect the Florida
Aquifer.
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 to pool resources in order to procure
the services of a consultant (the "Oversight Consultant") to oversee the meetings and efforts
of the South Lake Regional Technical Advisory Committee (SLRTAC) including exploring,
investigating and identifying projects that promote non-traditional/alternative water supplies
and develop impact mitigation strategies to assist the Parties in meeting their public water
supply demands in south Lake County and to perform the Scope of Services set forth 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 an Oversight Consultant to fulfill the Scope of
Services contained in Exhibit "A" attached hereto and incorporated herein. The selection of
the Oversight Consultant shall be subject to approval by the party representatives listed in the
Notice section of this Agreement.
a) Cost of Services and Funding. The cost of services for the Oversight Consultant is
estimated at approximately thirty thousand dollars ($30,000) per year. Each party shall
pay its equal share, estimated to be six thousand dollars ($6,000), annually toward the
cost of the Oversight Consultant. Each party agrees to pay its applicable share as provided
in this Agreement.
b) Retention of Oversight Consultant.
i) The City of Groveland shall negotiate an agreement with the selected Oversight
Consultant to perform the tasks and services included in the Scope of Services
described in Exhibit "A". The agreement shall include provisions that the Oversight
Consultant shall submit invoices for payment no more frequently than once every thirty
(30) days during the term of the agreement. Upon approval of an agreement between
the 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 the 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 the City of Groveland to draw upon after contributing its allotted amount, in
compensating the Oversight Consultant for service.
ii) If the City of Groveland wishes to terminate its contract with the Oversight Consultant,
prior to such action, the City of Groveland shall obtain approval of the proposed
termination from a majority of the Parties to this agreement. Except for termination for
cause, the Parties agree that the Oversight Consultant shall be paid for work completed
and accepted by the City of Groveland prior to termination.
iii) In the event the term of this Agreement is extended as provided in paragraph 4 of this
Agreement, for each annual extension period, and within thirty (30) days of the receipt
of notice from the 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 for the
then impending year which shall be used by the City of Groveland to draw upon after
contributing its allotted amount in compensating the Oversight Consultant for service.
4) Term of Agreement. This Agreement shall become effective upon execution of all Parties
and shall continue for a period of twelve (12) months, unless terminated as provided in Section
5. The term may be extended annually by mutual written consent of the Parties for up to 5
years.
5) Termination.
a) Any party to this Agreement may terminate its participation in the Agreement without
cause by providing written notice to the other Parties no less than sixty (60) days prior to
termination. A party who terminates shall not be entitled to a refund of any funds paid. The
Agreement shall remain in place for the remaining Parties.
b) Additionally, upon the mutual agreement of all Parties, the Parties shall have the right to
terminate this Agreement, for any reason. The effective date of the termination shall be on
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the date the written termination is last signed by a parry. Upon such termination the City
of Groveland shall immediately notify the Oversight Consultant. In the event of
termination which is not due to a default by Oversight Consultant, the Parties agree the
Oversight Consultant shall be paid for work completed prior to termination.
6) Non -Assignability. This Agreement may not be assigned without the express written consent
of all Parties, except that UIF, may assign its obligations under this agreement to any wholly
owned subsidiary of Corix Regulated Utilities (US) Inc. (f/k/a Utilities, Inc.), an Illinois
corporation, without consent of the other Parties.
7) Entire Agreement. This Agreement constitutes the entire agreement among the Parties
pertaining to the retention of an Oversight Consultant for the SLRTAC, and supersedes all prior
and contemporaneous agreements, understandings, negotiations and discussions of the Parties,
whether oral or written, and there are no warranties, representations or other agreements among
the Parties in connection with the subject matter hereof, except as specifically set forth herein.
This Agreement does not supplant, supersede, modify or amend any existing agreements. This
Agreement does not supplant, supersede, modify or amend any applicable requirements of
statutes or rules.
8) Effective Date. This Agreement shall become effective on the last date of formal execution
by the Parties.
9) 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:
CITY OF CLERMONT
Clermont City Manager
685 W. Montrose St., 3rd Floor
Clermont, FL 34711
CITY OF GROVELAND
Groveland City Manager
156 South Lake Ave.
Groveland, FL 34736
CITY OF MASCOTTE
Mascotte City Manager
100 E Myers Blvd
Mascotte, FL 34753
CITY OF MINNEOLA
Minneola City Manager
800 N. U.S. Hwy. 27
Minneola, FL 34715
SUNSHINE WATER SERVICES
COMPANY
President
200 Weathersfield Avenue
Altamonte Springs, FL 32714
10) 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
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remaining provisions so long as the Parties' material objectives can be implanted with the
remaining provisions.
11) Modification. No modification, amendment or alternation of the terms or conditions
contained herein shall be effective unless contained in a written document executed b y a 11
P a r t i e s with the same formality and of equal dignity herewith.
12) Public Records. Each parry understands and acknowledges Florida's public records law and
shall comply as required by the provisions of Section 119.0701, Florida Statutes.
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IN WITNESS HERETO, the Parties to this Agreement, by their signatures, have caused this
Agreement and all its parts to be fully executed as of the dates set forth below.
CITY OF GROVELAND
Evelyn W i on, Mayor
This •--)-- l 'rday of SC -fit , 2022
Approved as to form and legality:
Anita Geraci Carver, City Attorney
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CITY OF CLERMONT Attest:
C
Tim Murry, Mayor Tracy Ackroyd, City Clerk
This _ day of TLA,,n - , 2022
form and I
City Attorney
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CITY OF MINNEOLA
Pat Kelley, Mayor
This V 7 day of C) �CkL gip??
Approved as� orni and legality:
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Scott Gerken, City Attorney
Attest:
Kristine Thompson, City Clerk
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SUNSHINE WATER SERVICES COMPANY
Gary Rudkin President
This 13 day of May , 2022
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Steven Sheffield, Mayor
This day of , 2022
Andrew J. Hand, City Attorney
Attest:
Stephanie Abrams, City Clerk
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