Fort Walton Beach Council agenda — 06-09-09 regular — reading text

regulations in relation to the ground water monitoring within the City's Service Area, and such violation is not the result of violations of Florida law and regulations relating to the quality of water discharged from the effluent filtration system, then the City shall hold the County harmless from any cost relating to that failure to comply. SECTION 7. COLLECTION SYSTEM FACILITIES. The City, at its own expense shall design, permit, construct and operate the City' s Collection System, including any required pumping stations, force mains, and appurtenant facilities up to the Point of Connections 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 8. POINT OF CONNECTION. The point 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 ( "Points of Connection "). The Points of Connection shall be determined as the actual physical location of the connection to the County's in  existing main( s). The actual tap connection to the County's raw wastewater influent mains and the reclaimed water mains will be constructed by the County. All costs related to providing the interconnection from the City' s existing wastewater mains to the County's raw wastewater influent mains shall be paid by the County. All of the costs of the Point of Connection between the County' s reclaimed water mains and the City's Reclaimed Distribution System, excluding the cost of labor provided by County employees, shall be the responsibility of the City. The County shall invoice the City for the costs of the Points of Connection between the County's reclaimed water mains and the City's Reclaimed Distribution System and will make documentation available to the City for its review demonstrating the cost incurred. The County shall own the Points of Connection and be responsible for any maintenance thereof SECTION 9. METER INSTALLATION AND TESTING. A) The County shall construct, install, maintain, and have calibrated, at least annually, a master magnetic flow 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. B) The County shall pay the cost of the installation of a magnetic flow meter on the force main connection between the City's system and the County's influent main to measure and record the total flow discharged from the City Service Area into the APWRF. The County shall pay for cost of this annual certification of the accuracy of the meter at each Point of Connection by a meter factory certified contractor. The meter readings and calibration reports shall be provided to the City after review by the County within thirty ( 30) days of receipt of meter certification. C) The City shall have the right, upon written request to the County, to have such metering device tested by a meter factory certified contractor in the presence of an authorized and qualified representative of the City. 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, then the costs of such test shall be paid by the City, but otherwise the cost shall be paid by the County. Should any test show such meter to be substantially inaccurate, then all monthly bills for the prior six ( 6) months from that testing or the date of the last annual certification of accuracy by the County, which ever is less, ( the Reimbursement Period ") shall be adjusted to reflect the accurate rate. A variation in excess of three percent ( 3 %) shall be deemed to represent a result or reading which is substantially inaccurate. Such adjustment shall be made if the testing reflects either an underpayment or overpayment by the City and all monthly bills within the Reimbursement Period shall be adjusted accordingly. Where the difference between the testing and the rate charge is found to be substantially inaccurate, the City shall pay to the County or receive from the County the difference between the wastewater bills invoiced during the Reimbursement Period and the recomputed wastewater bills for that period. Such differences shall be paid within thirty (30) days of the adjustment. 7- SECTION 10. INITIATION OF SERVICE. The County shall begin providing wastewater service to the City within thirty 30) days after the City: A) And the County enter into this Agreement for the lease of the Tertiary System. B) Provides the County with any and all easements, licenses and rights of access necessary for the transmission of treated wastewater to the Tertiary System currently located on City -owned property at 1564 Percy L. Coleman Road in Fort Walton Beach, Florida; and C) Provides the information, record drawings, County with the permit operation and maintenance manuals, and other pertinent information and data as may be required for the operation and maintenance of the Tertiary System. SECTION 11. EMPLOYMENT. As a result of the assumption of functions by the County, the job functions of City employees, as reflected on Appendix C will be eliminated. As part of this Agreement, the County agrees that those employees reflected on Appendix C will be permitted to apply for vacancies in the County system and will be treated as an internal applicant for employment purposes for a period of one year from the date that service is commenced under this Agreement. Once employed, these individuals will be treated as new employees for all other employment purposes with the County. SECTION 12. APPROPRIATIONS; FUNDING. The parties intend to pay for and support the obligations of this Agreement through customer billing revenues earned from the operation of their monthly respective water and wastewater systems. Each party shall have the right to pursue any other means of financing available to it, including but not limited to bonds, reserve funds, and grants or other assistance funds from the US government or the State of Florida. SECTION 13. TERMINATION, DEFAULT, DISPUTE RESOLUTION. A) This Agreement may only be terminated by notice to and the written consent of both parties. Either party may provide written notice of its intent to terminate this agreement; provided, however, this Agreement may not be either by either the City or the County, while Bonds of the City insured terminated, by Ambac Assurance, Inc. are outstanding in the hands of the holders thereof, the has the consent by Ambac Assurance unless City received prior written  Corporation. Upon notice and consent of termination by the parties, the parties shall jointly determine the effective date of termination. If the parties consent to terminate this Agreement, the parties agree that until the effective date of the termination: 1) the County will continue to receive and treat wastewater delivered to its system through the Points of Connection, except as provided for in subsection ( B) below; 2) the City will not add new connections to their collection system beyond those which were physically connected as of the date the written consent to termination was signed by the last party; 3) the City will continue to compensate the County for its services in accordance with the provisions of this Agreement; and 4) the City and the County will continue to comply with all provisions of this Agreement until such time as the City ceases to discharge wastewater to the County' s system. B) If the City fails to pay any monthly invoice from the County, and that invoice remains unpaid for 90 days from the date of written notice of such nonpayment, the County shall have the right to discontinue service or block the Points of Connection. C) The County and the City agree that any disputes arising from this Agreement, other than as stated in Section 13( B), will not be grounds for a material disruption or cessation of service to the City Service Area. In the event of a dispute as to amounts owed between the parties, 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 any 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. In the event of a material breach of this Agreement which is not cured within ninety ( 90) days following receipt of written notice of the default, then either party may institute litigation to protect their rights under this Agreement. The prevailing party shall be entitled to a reasonable attorney' s fee and costs of such litigation. SECTION 14. ADDITIONAL COVENANTS. A) Except for the services provided by the County pursuant to this Agreement, the County covenants and agrees that the City possesses the exclusive right to provide water and wastewater service to the City Service Area and to all revenues produced from those services. 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. B) The City covenants and agrees that the County possesses the exclusive M right to provide water and wastewater service to the County Service Area and to all revenues produced from those services. The City shall not provide water or wastewater service to any property within the County Service Area without the prior written consent of the County, except for such property as may already be served by the City on the effective date of this Agreement. C) The City shall be responsible for all costs of operation, maintenance, repair, replacement, and any and all other costs related to the City's Wastewater Collection System or the City's Reclaimed Distribution System and the County shall have no responsibility therefore. The City also shall be responsible for all capital costs replacement, and repair of the City's Collection of construction, expansion, modification, System as may be necessary to serve the residents of the City Service Area. The City shall be responsible for all costs of operation, maintenance, repair, replacement and all other cost associated with the reclaimed water system downstream of the existing Tertiary System discharge point. D) 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 Tertiary System, including all associated upstream effluent piping from the APWRF. The City shall have no responsibility therefore, except for the payment of charges