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

monthly bill for wastewater service previously rendered since the last preceding monthly meter reading shell be adst+d accordingly. SECTION 10 ADDITIONAL L COVENANTS. A)Attached es Appendix .A hereto is a copy of a map that has been inctuded as a part of the Okal000 County Comprehensive Plan ( hereinafter " Service Area Map "). The parties acknowledge and agree that the Service Area Map accurately reflects the representative water and wastewater service areas for the County and the City. B) The County covenants and agrees that the City possesses the exclusive right to provide water and wastewater service to the City Service Area identified in the Service Area Map and the County shall not provide water or wastewater service to any property within the City Service Area without the prior written consent of the City, except for such property as may already be served by the County on the effective date of this Agreement. C) The City covenants and agrees that the County possesses the exclusive right to provide water and wastewater service to the County Service Area identified in the Service Area Map and the City shall not provide water or wastewater service to any Qwe property within the County Service Area without the prior written consent of the County, Revised 11/ 20/ 2007 8: 27 AM 5  except for such property as may already be served by the City on the effective date of this Agreement. A The City, shall be responsible for all costs of operation, maintenance, repair, replacement, and any and all other costs related to the Collection System and the County will have no responsibility therefore. the City also shall be responsible for all capital costs of construction, expansion, modification, replacement, and repair of the Collection System as may be necessary to permit the County to accept untreated domestic and light commercial wastewater from the City at the Point(s) of Connection and the County will have no responsibility therefore. E)The County shall be responsible for all costs of operation, maintenance, repair, replacement, and any and all other costs related to the APWRF and up to and including the existing the City Tertiary Treatment System, including all associated upstream effluent piping from the APWRF. The City will be responsible for all costs of operation, maintenance, repair, replacement and all other cost associated with the reclaimed water system up to and including the point of connection to the existing tertiary treatment system discharge point. The Cl y will have no responsibility therefore, except for the payment of charges and fees as provided in Sections 3 and 4 herein. The County also shall be responsible for all capital costs of construction, capacity expansion, modification, upgrade, replacement, and repair of the APWRF, as is necessary to provide service to both the County Service Area and the City Service Area. in such time and manner so as to serve the best interests of the affected residents. Notwithstanding the foregoing, if during the term of this Agreement the County shall come under any order of any county, state, or federal agency that requires the County to limit or restrict construction of or connection to the APWRF because of conditions or operations at the APWRF, the City agrees to enforce and abide by such limitation or restriction long as the same shall be binding upon the County and its other as customers. The County agrees to take all steps reasonable, in the County's discretion, to cure on a timely basis any defect resulting in the limitation or restriction. F) The City shall continue to promulgate and enforce rules, standards, codes, and ordinances to regulate the development, construction, and use of the Collection System and such rules; standards, codes, and ordinances, which, at a minimum, shall be equally as restrictive as the requirements of County Water and Sewer Ordinance 98- 3, as subsequently may be amended from time to time. The City shall pay all costs incurred to promulgate and enforce such rules, standards, codes, and ordinances and the County shall not be responsible for such costs. Notwithstanding the foregoing, the County acknowledges and agrees that the City may establish rules that require developers or third parties ( other than the County) by formal agreement or otherwise, to pay for some or all of the costs of the Collection System, either in cash or by constructing portions of the Collection System and dedicating ownership of such facilities to the City. C) This Agreement provides for the County to accept delivery of, and to treat all, wastewater flows that the City delivers from the City Service Area to the County Revised 11/ 20/ 2007 8: 27 AM 6  through approved Points of Connection. After the effective date of this Agreement, the City will notify the Okaloosa Water and Sewer Department of any ny planning and/or negotiation meetings relating to future growth and development of the City Collection System.. The City agrees to participate in meetings of the Okaloosa County Technical Review Committee whenever projects being reviewed by the Committee are located within the City Service Area.. SECTION 11. ENVIRONMENTAL COMPLIAiVCE. Both parties shall at all times comply with all local, state, and federal laws, permits, roles, and regulations including, but not limited to, permits, rules, and regulations issued by the Florida Department of Environmental Protection ( "FDEP ") and any other governmental agency with applicable legal authority. SECTION 12. WASTEWATER QUALITY STANDARDS. The City agrees to require all entities discharging industrial wastes that contribute to the waste flow to the APWRF to pre -treat said waste to the requirements of applicable City County ordinances and standards, whichever is more stringent, as well as ruler and regulations of FDEP prior to any transmission to the APWRF. SECTION 13. DISCLAIMER OF THIRD PARTY BENEFICIARIES. Except as provided in Section 26 herein:, this A mement is solely for the benefit of the parties hereto and no right or cause of action shill accrue to or for the benefit of any third party not a formal party hereto. Nothing in this Agreemnt, express or implied, is intended or shall be construed to confer upon or give any person or corporation other than the parties hereto any right, remedy, or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, covenants, and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective successors and assigns. SECTION 14. EASEMENTS. The City shall obtain, dedicate and/or assign to the County all necessary easements for any improvements to be dedicated to the County that cannot be located within County rights -of -way. SECTION 15. INITIATION OF SERVICE. The County shall begin providing wastewater service to the City within thirty (30) days after the City: A) Reimburses the County for the costs of construction of the Points of Connection as described in Section 8 herein; B) Provides the County with any easements to be dedicated to the County pursuant to Section 14; and C) Provides the County with the permit information, record drawings, operation and maintenance manuals, and other pertinent information and data as may be required for the operation and maintenance of the Tertiary Treatment System and any improvements that may be made by the City pursuant to this Agreement. Revised 11/ 20/ 2007 8: 27 AM 7  SECTION 16. AUTHORITY. Each party hereby represents and warrants that it has the right, power, and authority to execute and deliver this Agreement and to perform all of the obligations stated herein. SECTION 17. EFFECTIVE DATE AND TERM OF AGREEMENT. A) This Agreement shall be effective on the date signed by the last party to sign and shall remain in effect for a period of years. The Agreement may be extended for additional periods of years each only if such extension is agreed to by both parties in writing. B) If the City and the County do not extend the Agreement as provided for in Section 17(A) above, the County and the City agree that: ( i) the County will continue to receive and treat wastewater delivered to its system through the Points of Connection, except as provided for in Section 6; ( ii) the City will not add new connections or otherwise increase the number of ERUs beyond those approved by the County at the date of expiration of this Agreement; ( iii) the City will continue to compensate the County for its services in accordance with Sections 4 and 5 of this Agreement; and ( iv) the City and the County will continue to comply with the requirements of Sections 3, lot 11, and 12 of this Agreement until such time as the City ceases to discharge wastewater to the County's system. SECTION 9.8. NOTICE. Any notice or document required to be delivered under this Agreement shall be in writing and shall be deemed delivered at the earlier of i) the date received, or ( ii) five ( 5) business days after the slate deposited in a United States Postal Service depository, postage prepaid, registered or certified mail, addressed to the County or the City as the case may be, at the addresses set forth below: As To CITY OF FORT WALTON BEACH: City of Fort Walton Beach 107 Miracle Strip Parkway Fort Walton Beach, FL., 32548 AS TO COUNTY: Okaloosa County Water and Sewer Department 1804 Lewis Turner Boulevard, Suite 300 Ft. Walton Beach, Florida 32547 SECTION 19. ENTIRE AGREEMENT. This Agreement constitutes the entire wastewater agreement between the parties and supersedes all prior oral or written agreements pertaining to the collection, distribution, and treatment of wastewater that are now incorporated into this Agreement. All other provisions. of agreements Devised 11/ 20/ 2007 8: 22 AM 8  between the City and the County not pertaining to wastewater within the City Service Area remain in full effect and are not changed by this agreement. No amendment or modification of this Agreement shall be effective unless_set forth in writing and executed by both parties. SECTION 20. FORCE MAJEURE. Neither party shall be in default of the terms herein if such action is due to a natural calamity, act of government, or similar cause beyond the control of either party. SECTION 21. GOVERNING LAW. The validity, construction, and performance of this Agreement shall be governed by the laws of the State of Florida. SECTION 22. DEFINITIONS. Any words or terms