§ 78-47. Contracts and release, waiver of liability and indemnification.

The contract for the water and sewer service and release, waiver of liability and indemnification shall be substantially in the following form:

Account Number ____________

CITY OF WINTER GARDEN
UTILITY AND SOLID WASTE/RECYCLING
SERVICE CONTRACT

Subscriber _____  Phone No. ____________

Service Address (Premises) _____

Mailing Address _____

Type of Service: Commercial _____
Residential _____ Other (specify) ____________

Inside _____ Outside _____
City ____________

Owner _____

Owner Address _____

TERMS

It is hereby agreed by and between the City of Winter Garden, hereinafter referred to as the "City," and the party or the residence or business described above, hereinafter referred to as "Owner/Subscriber," that:

(1)

The City agrees to provide utilities and solid waste/recycling service to Owner/Subscriber on the basis of this contract, which includes the following terms:

a.

All terms and conditions of the Winter Garden Manual of Cross-connection Control dated August 18, 1993, are hereby adopted as terms and conditions of this contract and incorporated herein. A copy of the manual may be obtained at the Public Services Department Office.

b.

Employees of the Utilities and Engineering Departments of the City of Winter Garden and their agents bearing proper credentials of identification shall be permitted to enter any building, structure or property served by a connection to the Public Water and/or Sewer system for the purpose of inspecting the connection, backflow protection devices and all portions of the piping and related systems of such property. The term "emergency" shall mean, when used in connection with this contract, any sudden, unexpected or unforeseen event which, in the opinion of the above Departments, may present an imminent and substantial danger to the health, safety and welfare of the citizens of Winter Garden or others if not acted upon immediately.

c.

The Owner/Subscriber agrees to obtain and install a backflow protection device prior to the date that utilities service from the City is to commence. The Owner/Subscriber hereby agrees to maintain the backflow prevention device and test the same every twelve (12) months. If a backflow prevention device is not installed prior to service, or if installed, is not tested every twelve months and maintained continuously, or if an unprotected cross-connection exists on the premises, then service may be discontinued. The Owner/Subscriber shall bear all expenses of installing, testing and maintaining the backflow protection devices required by the cross-connection control manual and this contract to ensure proper operation on a continuing basis. Installation, testing and maintenance of protective devices, including the backflow protection device, shall be conducted by certified personnel approved by the Public Services Department. The Owner/Subscriber shall notify the Public Services Department in writing at least 48 hours prior to the testing of protection devices in order that the City may have a representative witness the test. The Owner/Subscriber shall keep for two years after each testing, maintenance and repair event, all records of testing, maintenance, and repair activities related to cross-connection control and shall make these records available to the City upon request. Each Owner/Subscriber shall provide to the Public Services Department copies of all testing, maintenance, and repair records immediately after the work is performed.

(2)

Owner/Subscriber agrees to pay at the scheduled rates, which may be adjusted by the City from time to time, for said utilities and solid waste/recycling service.

(3)

Owner/Subscriber agrees to claim no damage on the account of stoppage of the flow of any Public Services Department services if caused by accident or if necessary to make alterations, repairs or improvements, or for any other reason and agrees to keep all plumbing and fixtures on the premises in repair and to promptly stop leaks. Owner/Subscriber agrees to claim no damage on the account of items left curbside which are deemed to be refuse by collection personnel.

(4)

Owner/Subscriber agrees to pay the utilities and solid waste/recycling rates for the premises subscribed for. Failure to comply with this agreement or any part thereof or in the event of an emergency, the City may cut off the utility and solid waste/recycling service to and from the premises without notice to the Owner/Subscriber.

(5)

Owner/Subscriber agrees to pay the utilities and solid waste/recycling rates for the premises subscribed for. Failure to comply with this agreement or any part thereof or in the event of an emergency, the City may cut off the utility and solid waste/recycling service to and from the premises without notice to the Owner/Subscriber.

(6)

Owner/Subscriber agrees to conform to all rates, rules and regulations of the City of Winter Garden for utilities and solid waste/recycling service as are now or hereafter in force, and which are made a part of this contract as though specifically set forth herein, including the agreement to pay the prescribed charge for any restoration of service.

(7)

Owner/Subscriber agrees to pay all applicable fees and costs and further agrees that all charges for utility and solid waste/recycling services, as they may become due from time to time, shall be and are hereby made a lien upon the above property so long as said charges remain unpaid. In addition, the payment for charges for utility and solid waste/recycling service shall be secured by a service deposit as may be required from time to time.

(8)

In the event it becomes necessary for the City to bring suit to collect utility and solid waste/recycling fees owed pursuant to this agreement or to enforce its rules and regulations, Owner/Subscriber agrees to pay the City a reasonable attorney's fee and the court costs for said action.

(9)

This contract and service deposit may not be assigned or transferred to another person other than a spouse residing at the subscriber's address.

ACKNOWLEDGED AND ACCEPTED ON _____ DATE

BY _____ City of Winter Garden	X _____ Subscriber Signature
	_____ Print Subscriber Name
	_____ Service Deposit

 

_____

RELEASE, WAIVER OF LIABILITY,
AND INDEMNIFICATION

This agreement executed on the ____________ day of ____________ / ____________ / ____________ , A.D. ____________ , by ____________ (hereinafter referred to as "Releasor") for the benefit of the City of Winter Garden, Florida (hereinafter referred to as "City").

Whereas, the Releasor is the lawful owner/occupant of the dwelling or building (hereinafter referred to as "Property") located at: ____________ , Florida; and

Whereas, the Releasor has requested the City to provide and turn on utilities and/or solid waste/recycling service to the property; and

Whereas, the Releasor is willing to release, hold harmless, and indemnify the City from any liability resulting from the act of the City providing and turning on utilities and/or solid waste/recycling service to the Property, freely and voluntarily executes this Release and Waiver of Liability and Indemnification.

Now, therefore, Releasor does hereby agree as follows:

(1)

In consideration of the City providing and turning on utilities and/or solid waste/recycling service to the Property, and other valuable consideration, receipt of which is acknowledged by Releasor, the Releasor does hereby freely and voluntarily and knowingly execute this Release and Waiver of Liability and Indemnification with the express intention of releasing the City, its commissioners, agents, servants and employees, from all liability on any claim arising out of or in any way connected to the action of the City providing and turning on/off utilities and/or solid waste/recycling service to the Property as requested by Releasor.

(2)

Releasor does hereby agree to indemnify and hold the City, its commissioners, agents, servants, and employees, harmless from any and all liability, loss or damage any aforesaid may suffer as a result of claims, demands, costs or judgments against them arising out of the providing and turning on of utilities and/or solid waste/recycling service to the Property, whether the liability, loss or damage is caused by or arising out of the negligence of the City, its officers, agents, servants, or employees, or otherwise.

Dated this ____________ day of ____________ / ____________ / ____________ , A.D. 19 ____________ .

_____ Releasor
Signed in the presence of:
_____ Witness

 

(Code 1988, § 22-37; Ord. No. 00-21, § 1, 4-13-00; Ord. No. 11-02, § VI, 1-13-11)