Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

Revised 11/ 20/ 2007 8: 22 AM  WHEREAS, the County presently has available capacity and expansion capabilities at the APWRF that can be used to serve the immediate and future demand in the City Service Area; and WHEREAS, subject to the terms and conditions set forth below, the County desires to provide wastewater treatment and disposal and reclaim water services to the City Service Area and the City desires to accept the wastewater treatment and disposal and reclaimed water services provided by the County. NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth below, the parties, intending to be legally bound, agree as follows: SECTION 1. RECITALS. The recitals set forth above are true and accurate and are adopted and incorporated herein. SECTION 2. APPENDICES. The following Appendices are attached hereto and incorporated herein by reference. Appendix A - Service Area Map Appendix B - Tables Identifying Fixed Monthly Charge By Meter Size ( Sewer Readiness to Serw Charge) and Monthly Sewer Usage Charge SECTION 3. FORT WALTON BEACH TERTIARY TREATMENT PLANT ACQUISI MO V. A) County agrees with and commits to the City to take over full ownership, operation and maintenance of the existing. the City tertiary treatment system ( consisting of the effluent filtration processes and equipment down stream of the existing clarifiers and upstream of the discharge of the reclaimed water pumps) and continue to provide reclaimed water service to the City. the City shall retain responsibility for the operation, rnaintenne and repair of the existing and any future reclaimed water mains downstr am of the reclaimed water pumps. . Nothing in this Agreement prohibits or enjoins the City from permitting, constructing, and operating its own wastewater treatment facility. SECTION 4. MONTHLY RATES FOR SERVICE. A) On a monthly basis, the County shall bill the City ( i) 75% of the Sewer Readiness To Serve Fee ( which is the sum of the Customer Service Fee and the Readiness to Serve Fee as listed in Okaloosa County Water and Sewer Ordinance 98- 03) and ( ii) 75% of the Sewer Usage Charges.The City shall pay the County ( i) 75 % of the monthly Readiness To Serve Fee and ( ii) 75 % of the Sewer Usage Charges based upon the charges and fees authorized by the Board of County Commissioners, as identified in the Okaloosa County Water and Sewer User Charge Ordinance, which is included in Okaloosa County Water and Sewer Ordinance 98 -03. Appendix B hereto Revised 11/ 20/ 2007 8: 27 AM 2  provides a table entitled, " Fixed Monthly Charge By Meter Size ", which sets forth the applicable fees and charges currently in effect. ( Currently, the monthly Readiness To Serve Fee is $ 5,000 per month for a 20 -inch diameter connection and the Sewer Usage Charges are currently $ 3. 18 per 1, 000 gallons). The Sewer Customer Service Fee and Readiness to Serve Fee are assessed for each interconnection between the City system and the County's system and shall be based on the size of the City force main or gravity sewer that connects to the Counter's system. Appendix B also provides a table entitled, " Usage Charge ". The Sewer Usage Charge indicated above may be found in the table under the Non- Residential Sewer Category identified as " All Others." This charge will be determined based on the volume of wastewater flowing through the County's interconnection point(s). Such rates may be amended from time to time by County ordinance or resolution and the City agrees to make payment based on any amended rates as they apply to all County customers. B) Extreme wet weather ( EWW) flow events shall be defined as the period of time immediately following a 100 -year rain event, but not to exceed 7-days. During EWW flow events the County will establish a ceiling for the maximum average daily flow that will be used to calculate the Sewer Usage Charges for that day. The ceiling will be established at 2.0 times the monthly average daily flow for the preceding 3 month period. SECTION S. RECLAIMED WASTEWATER SERVICE. r( A) The County will supply reclaimed water to the City for the exclusive use at the City of Fort Walton Beach Golf Course The cost for this service shall be included in the monthly Sewer Usage Charges for reeiving, treating, and disposing of wastewater as defined in Section 4. MONTHLY RATES FOR SERVICE of this agreement. B) Exclusive of the volume of reclaimed water that the County agrees to provide to the City for use on the City of Fort Walton Beach Golf Course, defined in Paragraph A, above, the County may sell reclaimed wastewater to the City and the City shall have the right to purchase for use or resale reclaimed wastewater to locations within the City Service Area. The City will pay the County a fee based on the number of ERUs connected to the City reclaimed water system ( hereinafter " Reclaimed Water Tapping Fee "). The Reclaimed Water Tapping Fee shall be based on the following rate schedule: 1. 3/4 to 1 inch meter /pipe: $ 125 2. 2 inch meter /pipe: $ 250 3. 4 inch meter /pipe: $ 450 4. 6 inch meter /pipe: $ 550 The Reclaimed Water Tapping Fee indicated above shall remain in effect for a period of three ( 3) years from the effective date of this Agreement. At the end of the three ( 3) year period and each successive three ( 3) year period thereafter, the Board of County Commissioners may review and adjust the Reclaimed Water Tapping Fee payable Revised 11/ 20/ 2007 8 :27 AM 3  under this Agreement based on capital requirements to ensure that the County may continue to provide safe and sufficient service to customers within the City Service Area. C) In the event that the County sells and the City accepts reclaimed wastewater, on a monthly basis, the City shall pay the County a Reclaimed Water Usage Fee based on the monthly volume of reclaimed water delivered to the City. The Reclaimed Water Usage Fee assessed by the County to the City will be $ 0. 35 per thousand gallons of reclaimed water conveyed to the City. This Reclaimed Water Usage Fee shall remain in effect for a period of three ( 3) years from the effective date of this Agreement. At the end of the three ( 3) year period, and each successive three ( 3) year period thereafter, the Board of County Commissioners may review and adjust the Reclaimed Water Usage Fee based on current or known future costs of operating and maintaining the County' s reclaimed water system to ensure that the County may continue to provide safe and sufficient services to customers within the City Service Area. SECTION 6. DEFAULT AND TERMINATION. This Agreement may only be terminated by mutual written consent of btu p . eas except that upon non -payment of any monthly invoice or quarterly capacity expansion charges by the City, the County shall have the right to terminate this Agreement and its service hereunder, and to disconnect or block the Points of Connection if such non-payment or other default shall not have been cured by the City within ninety ( 90) days following the receipt by the City of written notice of such non- payment or default. The County and the City agree that any disputes arising from this Agreement, other than non -payment, will not be grounds for a material disruption or cessation of service for residents being served within the City Service Area. It is further provided, however, that each party shall have the right to pay to or receive from the other party any disputed amounts without relinquishing its rights to dispute or litigate arty amounts so paid or received. The remedies indicated by this paragraph shall be in addition to any other remedy in law or in equity that the County or the City might have. The City is responsible for the payment of any cost or expense, including attorney`s fees, ineumd by the County as a result of default for non -payment, whether or not such default is ultimately cured. SECTION 7. COLLECTION SYSTEM FACILITIES. The City, at its own expense shall design, permit, construct and operate the Collection System, including any required pumping stations, force gains, and appurtenant facilities up to the Point of Connection( s) to the County's wastewater facilities. All facilities shall be designed, permitted, and constructed in conformance with all applicable local, state; and federal laws permits, rules, and regulations. SECTION S. POINT OF CONNECTION. A) The paint or points of connection to the County's raw wastewater influent mains and reclaimed water mains shall be determined and approved by the County after consultation with the City ( hereinafter " Points of Connection "). The Points of Revised 11/ 24/ 2447 8: 27 AM 4  Connection shall be determined as the actual physical location of the County's existing main( s).All cost to provide the interconnection from the City's existing mains to the County's existing mains shall be incurred by the City. The actual tap connection to the County's existing mains will be constructed by the County; however, the City shall reimburse the County for costs incurred to construct the tap based on the County's standard rates for labor, equipment, administration, and materials. B) The County shall construct install, maintain, and calibrate, at least annually, a master meter at each Point of Connection to automatically measure and record the total flow conveyed from or to the City, as described elsewhere in this Agreement. SECTION 9. METER TESTING. The County shall pay for and install a magnetic flow meter on the force main connection to measure and record the total flow discharged into the APWRP. The County shall maintain and calibrate, at least annually, the meter to be located at each Paint of Connection. The County will make available to the City, upon written request, copies of all meter readings and calibration reports. If the City shall at any time question whother tho metering device is registering correctly, ' the City shall have the right, upon rnaWng written request to the County, to have such metering device tested in the presence of an authorized and qualified representative of the City and if, as a result of such test, such meter or meters shall be found to be within three percent ( 3 %) of the accurate or true reading, the costs of such test shall be borne by the City but otherwise the cost shall be paid by the County. Should any test show such meter to be substantially inaccurate, computation of the