Agenda 01/10/2017 Item #16C 2 16C.2
01/10/2017
EXECUTIVE SUMMARY
Recommendation to execute an inter-local agreement between the Collier County Water-Sewer
District and the Florida Governmental Utility Authority, allowing the Florida Governmental Utility
Authority to provide interim wastewater service to the proposed Florida Power and Light service
center and the Circle K.
OBJECTIVE: To allow 1) the new Florida Power and Light (FPL) service center planned at 4105 15th
Avenue SW and 2) the Circle K convenience store and gas station at 4025 Pine Ridge Road to receive
municipal wastewater services instead of using septic systems.
CONSIDERATIONS: The existing FPL service center and the existing Circle K are located within the
Collier County Water-Sewer District (CCWSD) service boundary; however, the CCWSD does not have
wastewater infrastructure readily available to these properties. The CCWSD does provide potable water
service to both properties.
FPL plans to demolish the existing building and construct a new building with a private lift station and
connect to a municipal wastewater system. Likewise, Circle K intends to connect to a municipal
wastewater system. The closest provider is the Florida Governmental Utility Authority (FGUA). FGUA
is willing to allow both properties to connect to its wastewater system.
The"Agreement between Collier County and the Florida Governmental Utility Authority for Provision of
Wastewater Service for FPL Service Center and Retail Service" (Agreement), Attachment 1, allows FPL
and Circle K to temporarily connect to FGUA for wastewater services until such time that the CCWSD is
able to provide wastewater services. For a 5 percent fee, based on the water bill resulting from monthly
meter readings, CCWSD meter readings will be provided to FGUA to calculate wastewater service
billing.
FISCAL IMPACT: Minimal revenues will accrue to the CCWSD Operating Fund(408)per Section
Seven of the Agreement.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: The Special Act adopted by the Florida Legislature creating the
CCWSD (2003-353, Laws of Florida) provides at Section 5(7), that the District shall have the power to
"join with other private or public entities or persons to provide or receive a water supply or for sewage
disposal, collection, or treatment or to operate the water or sewer system of such entity or person." This
item is approved as to form and legality, and requires majority vote for Board approval.-SRT
RECOMMENDATION: That the Board of County Commissioners, Ex-officio the Governing Board of
the Collier County Water-Sewer District, executes an agreement between the Collier County Water-
Sewer District and the Florida Governmental Utility Authority, allowing the Florida Governmental Utility
Authority to provide interim wastewater service to the proposed Florida Power and Light service center
and the Circle K.
Prepared By: Tom Chmelik,Public Utilities Engineering and Project Management Division Director
ATTACHMENT(S)
1. Agreement Between CC and FGUA-initialed (PDF)
Packet Pg. 594
16.C.2
01/10/2017
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.C.2
Item Summary: Recommendation to execute an inter-local agreement between the Collier County
Water-Sewer District and the Florida Governmental Utility Authority, allowing the Florida Governmental
Utility Authority to provide interim wastewater service to the proposed Florida Power and Light service
center and the Circle K.
Meeting Date: 01/10/2017
Prepared by:
Title: Division Director-Public Utilities Eng—Public Utilities Planning and Project Management
Name: Tom Chmelik
12/20/2016 5:57 PM
Submitted by:
Title: Division Director- Public Utilities Eng—Public Utilities Planning and Project Management
Name: Tom Chmelik
12/20/2016 5:57 PM
Approved By:
Review:
Public Utilities Department Margie Hapke Level 1 Division Reviewer Completed 12/21/2016 8:34 AM
Public Utilities Operations Support Joseph Bellone Additional Reviewer Completed 12/21/2016 8:41 AM
Public Utilities Department Margie Hapke Additional Reviewer Completed 12/21/2016 9:59 AM
Public Utilities Department George Yilmaz Level 2 Division Administrator Review Completed 12/22/2016 10:03 AM
County Attorney's Office Scott Teach Additional Reviewer Completed 12/27/2016 11:25 AM
County Attomey's Office Scott Teach Level 3 County Attorney's Office Review Completed 12/27/2016 11:27 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 12/27/2016 2:15 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 12/30/2016 11:05 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 12/30/2016 1:37 PM
Board of County Commissioners MaryJo Brock Meeting Pending 01/10/2017 9:00 AM
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16.C.2.a
AGREEMENT BETWEEN COLLIER COUNTY AND THE FLORIDA GOVERNMENTAL
UTILITY AUTHORITY FOR PROVISION OF WASTEWATER SERVICE
FOR
FPL SERVICE CENTER AND RETAIL SERVICE
This Agreement(hereinafter referred to as the "Agreement") is made and entered into this
day of , 2017, by the BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, Florida, as the Governing Body of Collier County and Ex-Officio of the
Governing Board of the Collier County Water-Sewer District, a political subdivision of the State
of Florida (hereinafter referred to as the "CCWSD") and FLORIDA GOVERNMENTAL UTILITY
AUTHORITY, a legal entity and public body created by interlocal agreement pursuant to section
163.01(7)(g), Florida Statutes, with its principal place of business at 280 Wekiva Springs Road,
Suite 2070, Longwood, FL 32779 (hereinafter referred to as "FGUA").
WITNESSETH
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WHEREAS, the CCWSD has jurisdiction pursuant to Chapter 2003-353, Laws of Florida, N
as well as Chapter 153, PartII, Florida Statute, and Section 125.01 (k), Florida Statute, to provide -�
water and wastewater/sewer service within the geographic area of the Proposed Projects
(hereinafter defined) regarding this Agreement, in Collier County, Florida; and,
WHEREAS, the proposed project known as FPL Service Center, is located at 4105 15th
Avenue SW, Naples, FL, Parcel No. 37931160008, and is a 23,366 SF utility/emergency service U-
office. The Proposed Project is located within Collier County and described more particularly in
Exhibit "A" attached hereto; and
WHEREAS, the proposed project known as Circle K, is located at 4025 Pine Ridge Road
Ext, Naples, FL, Parcel No. 37930500009, and is a 3,620 SF convenience store and gas station. m
The Proposed Project is located within Collier County and described more particularly in Exhibit
"B" attached hereto; and
WHEREAS, the proposed projects known as FPL Service Center and Circle K are
hereinafter referred to as the "Proposed Projects"
WHEREAS, at the present time, the CCWSD has water facilities located within the vicinity
of the Proposed Projects and has wastewater/sewer facilities that are approximately three miles a
from the Proposed Projects; but the CCWSD does not plan to extend its wastewater/sewer
facilities to provide wastewater/sewer service to the area in which the Proposed Projects is
located in the near future; and
Packet Pg. 596
16.C.2.a
WHEREAS, Florida Power & Light Company and National Retail Properties LP
("Developers") desire to connect the Proposed Projects (which are presently located within the
CCWSD Water/Sewer District), to a municipal sewage system, however, no CCWSD
wastewater/sewer facilities are available within this area; and
WHEREAS, FGUA has wastewater/sewer service available near the Proposed Projects,
however, the Proposed Projects are outside of FGUA's certificated service area (as the
Proposed Projects are within the CCWSD's district as set forth above, the CCWSD plans on
serving this geographical area eventually); and
WHEREAS, FGUA has, or when the subject capacity is needed, will have
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wastewater/sewer
wastewater/sewer capacity adequate and available to serve the Proposed Projects (including
after same is developed in the manner intended by Developers); and
c)
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WHEREAS, until such time as the CCWSD provides wastewater/sewer service to the ca
area in which the Proposed Projects are located, Developers desire to receive such
wastewater/sewer service to the Proposed Projects from FGUA. In connection therewith
Developers intend to extend a four (4) inch force main the required distance from the Proposed
Projects to the subject property line at 4105 15th Ave SW and 4025 Pine Ridge Road Ext (the
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portion of same to be located within the right of way of County Road 951 and/or 15th Ave SW
and/or Pine Ridge Road Ext is hereinafter referred to as the "Wastewater/Sewer Extension"), 0
in order to connect to and use the existing FGUA wastewater/sewer system at Developer's
expense; and .�
WHEREAS, the CCWSD and FGUA agree that FGUA will provide wastewater/sewer
service to Developers, and the CCWSD and FGUA hereby agree that the Proposed Projects u_
shall be an interim retail wastewater/sewer customer of FGUA until such time that the CCWSD
has its wastewater/sewer facilities available to provide permanent sewer service to Developers
at the Proposed Projects.
NOW THEREFORE, in consideration of the promises contained herein FGUA agrees to m
provide interim wastewater/sewer treatment and disposal services to Developers for the
Proposed Projects and the parties agree as follows:
1. FGUA and Developers shall enter into and comply with an agreement whereby a
FGUA shall agree to provide wastewater/sewer treatment and disposal services to
the Proposed Projects (including after same is developed in the manner intended '
by Developers), and Developers shall agree to pay FGUA's standard charges and 0
fees for such services, including impact fees, as set by the FGUA Board of
Directors, the governing board of FGUA.
2. Once constructed, the Wastewater/Sewer Extension constructed by Developers
as aforesaid described shall be conveyed by Developers to FGUA by Bill of Sale
and shall become the property of FGUA. Any utility facilities constructed by
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16.C.2.a
Developers within the Proposed Projects parcel boundaries shall remain the
property of Developers. FGUA, the CCWSD and Developers acknowledge that
connection of the Proposed Projects to FGUA's wastewater/sewer system is for
interim wastewater/sewer service, and when such wastewater/sewer service
becomes available to the Proposed Projects (within the right of way adjacent to the
Proposed Projects) from the CCWSD by means of an interconnection with the
CCWSD's wastewater/sewer system, the Proposed Projects shall then be
connected to the CCWSD's wastewater/sewer system and CCWSD shall promptly
begin providing such wastewater/sewer services to the Proposed Projects, with
only temporary interruption to the wastewater/sewer service for the Proposed
as
Projects. When wastewater/sewer service from the CCWSD becomes available to ii
the Proposed Projects as aforesaid, at no cost to the CCWSD, FGUA shall convey 11.
to the CCWSD marketable title to that portion of the Wastewater/Sewer Extension
and related utility easements, if any, that are within the CCWSD service area, and
FGUA shall retain ownership of any portion thereof that is located within the FGUA
service area. A shut-off valve shall be installed at the point in the
Wastewater/Sewer Extension where the CCWSD service area and the FGUA
service area meet, such that the portion of the Wastewater/Sewer Extension to be coco
retained by FGUA and the portion of the Wastewater/Sewer Extension to be
conveyed to CCWSD are clearly identified.
3. Upon completion of the Wastewater/Sewer Extension by Developers, and until
such time as the Wastewater/Sewer Extension is conveyed to the CCWSD as set
forth in Section 2 above, same shall be maintained by FGUA. Upon conveyance
of the Wastewater/Sewer Extension to the CDWSD as set forth above, same shall u_
be maintained by the CCWSD. Developers shall maintain any utility facilities
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constructed within the Proposed Projects parcel boundaries.
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4. Developers shall pay to the FGUA the sewer impact fees (sometimes called
"system capacity fees") at the time of submission of the Utility Infrastructure
Conveyance and Service Agreement as then required by the FGUA's Impact Fee
Rate Resolution.
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5. The CCWSD agrees to permit FGUA to provide the subject interim
wastewater/sewer service to the Proposed Projects in accordance with this
Agreement, and all parties acknowledge that this service is on a temporary
(interim) basis until such time as the required (adequate) wastewater/sewer
service becomes available to the Proposed Projects (within the right of way
adjacent to the Proposed Projects) by the CCWSD through future geographic
extension of wastewater/sewer facilities from the CCWSD wastewater/sewer
system. At such time, Developers will connect to the CCWSD's wastewater/sewer
service facilities and Developers shall bear all expenses related to such connection
at such time as the facilities become available. Upon connection of the Proposed
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16.C.2.a
Projects to the CCWSD's wastewater/sewer service facilities as aforesaid, and the
provision of such required wastewater/sewer service to the Proposed Projects by
CCWSD, FGUA shall no longer be required to pay any fees or other amounts to
CCWSD with respect to wastewater/sewer service.
In the event that the Wastewater/Sewer Extension is relocated, modified, repaired
or replaced as a result of road work, expansion or other modification, repair or Y
replacement of county roadways or any other directly relevant public right of way
by CCWSD or by Collier County, Developers shall be responsible for all such i;
Extension work and all costs and expenses of same. In connection with any
expansion or other modification, repair or replacement of county roadways or any
other directly relevant public right of way by CCWSD or Collier County (or by any LL
other party permitted by CCWSD or by Collier County), CCWSD/Collier County E'
(or such CCWSD or County authorized other party) shall not unreasonably disrupt
or otherwise unreasonably interfere with the supply of wastewater/sewer service
to the Proposed Projects, and if possible shall not require relocation of the point of
connection of the Wastewater/Sewer Extension to the Proposed Projects.
6. Water Meter Reading Documents. CCWSD hereby agrees to provide the water co
meter readings of the Proposed Projects meters to FGUA in the form of a computer N
printout or electronic transmission as requested by FGUA in order to enable FGUA
to bill for wastewater service.
a. Dates of Readings. All customer meters shall be read by CCWSD monthly
and meter readings will be provided to FGUA within ten (10) days of the
meter reading completion in accordance with CCWSD read cycles.
CCWSD shall provide notice of meter reading schedule changes 60 days in
advance in writing to allow FGUA to properly adjust its billing schedule. 0
b. Force Majeure. In the event that the meters cannot be read as provided
above, due to force majeure events, the meters shall be read on the next
day that such readings can reasonably be carried out.
C. Annual Joint Meter Reading. FGUA shall have the right, but not the
obligation, to have its personnel read meters with personnel from CCWSD a
on a date agreeable to CCWSD at any time during the year, but only once
per year. To avail itself of that right, FGUA must request said event at least
sixty (60) days, but no more than one hundred and twenty (120) days prior
to the time it wishes to have a joint reading.
d. Re-evaluation if Substantial Increase in Customers. It is initially anticipated
the CCWSD will provide this service to FGUA for two (2)joint customers in
the CCWSD's Systems but FGUA may identify additional joint customers in
the future. if the number of joint customers increases by thirty percent
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Packet Pg. 599
16.C.2.a
(30%), the parties agree that CCWSD will have the opportunity to re-
evaluate the financial impact of this agreement and the parties agree to
amend this agreement if necessary.
7. Water Meter Reads Charges. CCWSD shall charge an administrative fee of 5
percent for the routine monthly meter readings and for its provision of the computer
printout or electronic transmission requested by FGUA in order to enable FGUA to
bill for wastewater service.
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a. Rereads. A reread service shall be provided by CCWSD to FGUA via email
after written request to CCWSD. The CCWSD retains the ability to charge
FGUA a fee for this service, as follows:
b. Reread Fees. The CCWSD charges a meter re-read fee in accordance with
rates approved by the CCWSD on Appendix A, Schedule 5 of the Uniform
Billing, Operating and Regulatory Standards Ordinance No. 2001-73, as
amended
c. Initial and Final Reads. CCWSD shall also provide initial reads for newco
customers and final reads for those customers terminating service via email
at no charge. Initial and final reads shall be designated initial and final, N
respectively, on the documents sent to CCWSD and initial reads shall
include all appropriate customer billing information.
8. Water Meter Testing. If requested by FGUA, CCWSD agrees to provide or arrange
for meter testing services to FGUA at CCWSD's approved rate.
9. Prohibition on Meter Tampering. Except as otherwise provided herein in the event
of force majeure nonperformance by FGUA or when CCWSD authorizes FGUA to 0
read or test CCWSD's meters, FGUA will not attempt to read CCWSD's meters or 06-
otherwise
otherwise manipulate CCWSD's meter boxes, meters, services or appurtenances, a)
even if this Agreement is terminated by the parties.
10.Joint Customer Cooperation. Within five (5) days of receipt of a written notice from
FGUA of customer delinquency for sewer disposal service, CCWSD shall shut off
water service to such delinquent joint customers at the current prevailing CCWSD
rates. This charge includes service restoration after written request is received by
CCWSD from FGUA to do so. FGUA will also provide CCWSD with joint customer
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account information including, but not limited to, owner name, premise/service as
address, and billing address. If CCWSD is unable to shut off water service, the
FGUA may do so.
11.CCWSD Prevailing Rates. Upon execution of this agreement, the FGUA shall
reimburse the CCWSD a fee for shutoff and restoration at the rate the CCWSD
charges its customers for service restoration due to non-payment service
5
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16.C.2.a
terminations. Rates as of this agreement date are as follows; $55.00 fee per
service address if request received during business hours, $100.00 if request is
received after hours. Such fees may be amended pursuant to duly adopted rate
resolutions.
12.This agreement shall inure to the benefit of, and be binding upon, the successors
and assigns of the parties. Y
C,
13.A detailed graphic representation of the Wastewater/Sewer Extension that is to be 6
installed by Developers is attached hereto as Exhibit "C".
IN WITNESS WHEREOF, the CCWSD, and FGUA have caused this Agreement to be a.
executed by their duly authorized representatives as of the date first above written.
DATE: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE a
ATTEST: GOVERNING BODY OF COLLIER
DWIGHT E. BROCK, Clerk COUNTY AND EX-OFFICIO THE 0
GOVERNING BOARD OF THE COLLIER co
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BY: COUNTY WATER-SEWER DISTRICT N
Deputy Clerk `r
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CC
BY: .=
, Chairman
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Approved as to form and legality: cc
BY: ca
Scott R. Teach
Deputy County Attorney
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FLORIDA GOVERNMENTAL UTILITY
AUTHORITY
BY: l...i2,. ).1-r 'u`,..,.! `tsy�
p r „ Lea Ann Thomas, Chairman, Board of
/ 4- 4 Directors
ATTEST `,jt ..,i,h k uk ` f#
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Approved as to form and legal sufficiency: MSI'T4( ii
John ( ` lham,General Counsel CD :Q SEAL ' c E
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DATE: /2 /1 5 /I(p =_gyp'
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EXHIBIT"A"
Parcel No. 37931160008
Site Address: 4105 15 ' Ave SW
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EXHIBIT"B"
Parcel No. 37930500009
Site Address: 4025 Pine Ridge Road, Naples, FL"sem
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Exhibit "C"- FPL Service Center
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