Fort Walton Beach Resolution — 2009-20-Wastewater Interlocal Agreement — reading text

AMENDED RESOLUTION 2009- 20 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING THE WASTEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 1. Intent The City has a responsibility to provide wastewater services to its citizens as efficiently as possible. The City Council has determined that it is in the best interests of the City' s citizens for Okaloosa County to provide wastewater treatment and disposal services and reclaimed water within the City Service Area. The City has negotiated a Wastewater Service Interlocal Agreement with Okaloosa County, a copy of which is attached to this resolution, by which Okaloosa County will provide wastewater treatment and disposal services and reclaimed water to existing and future customers within the City service areas. The Wastewater Service Interlocal Agreement shall remain in effect for a period of thirty ( 30) years and shall be automatically extended for to two additional up terms for a period of ten ( 10) years for each extension term. 2. Acceptance & Authorization Therefore, the City Council hereby accepts the Wastewater Service Interlocal Agreement and authorizes the Mayor to execute the Wastewater Service Interlocal Agreement on behalf of the City. 3. Effective Date This resolution shall take effect immediately upon approval by the City Council. AdoPted~./~ d.s; tJtJC11 kh,~ Mike Anderson, Mayor Attest: DISPOSITION 4~~ Helen Spen r, City Clerk  RESOLUTION 2009- 20 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, ACCEPTING THE WASTEWATER SERVICE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FORT WALTON BEACH AND OKALOOSA COUNTY; AND SETTING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA AS FOLLOWS: 1. Intent The City has a responsibility to provide wastewater services to its citizens as efficiently as possible. The City Council has determined that it is in the best interests of the City' s citizens for Okaloosa County to provide wastewater treatment and disposal services and reclaimed water within the City Service Area. The City has negotiated a Wastewater Service Interlocal Agreement with Okaloosa County, a copy of which is attached to this resolution, by which Okaloosa County will provide wastewater treatment and disposal services and reclaimed water to existing and future customers within the City service areas. The Wastewater Service Interlocal Agreement shall remain in effect for a period of thirty ( 30) years and shall be automatically extended for up to two additional terms for a period of ten ( 10) years for each extension term. 2. Acceptance & Authorization Therefore, the City Council hereby accepts the Wastewater Service Interlocal Agreement and authorizes the Mayor to execute the Wastewater Service Interlocal Agreement on behalf of the City. 3. Effective Date This resolution shall take effect immediately upon approval by the City Council. Adopted: ~ / 11 am,! 4h~ Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: JU17 (/~ Helen Spen r, City Clerk J<( A  WASTEWATER SERVICE INTERLOCAL AGREEMENT THIS WASTEWATER SERVICE INTERLOCAL Agreement") is made and entered into this ~ day of , 2009, by and between OKALOOSA COUNTY, a political subdivision the State of Florida (" the County"), whose mailing address is 1804 Lewis Turner Boulevard, Suite 100, Ft. Walton Beach, Florida 32547 and the CITY OF FORT WALTON_ BEACH, a municipal corporation organized under the laws of the State of Florida the City"), whose mailing address is 107 SW Miracle Strip Parkway, Florida 32548. WHEREAS, the City provides water, wastewater and reclaimed water services in its service area in Okaloosa County, Florida, as identified in Appendix A" ("City Service Area"); and WHEREAS, the County is constructing a 10 million gallon per day (' MGD") Arbennie Pritchett Water Reclamation Facility and effluent disposal facility collectively, the "APWRF") to receive and treat wastewater collected from areas currently served by the Okaloosa County Water and Sewer Department (" County Service Area"); and WHEREAS, the APWRF is located on Eglin Air Force Base property at 250 WS Roberts Blvd., Fort Walton Beach, FL; and WHEREAS, the City currently owns and operates a 4. 50 MGD wastewater treatment plant and effluent disposal system, located on City- owned property at 1564 Percy L. Coleman Road, Fort Walton Beach, FL, a collection system, and reclaimed water system within the City Service Area; and WHEREAS, the City and the County acknowledge a responsibility to as efficiently as provide wastewater services to their respective service areas possible; and WHEREAS, the City and the County have negotiated a method for the County to provide wastewater treatment and disposal services and reclaimed water to existing and future customers within the City and County Service Areas; and WHEREAS, the current population and wastewater flow projections show demand for service within the City Service Area that can be accommodated by the APWRF; and WHEREAS, the County presently has available capacity and expansion capabilities at the APWRF that can be used to serve the immediate and foreseeable future demand in the City Service Area; and  WHEREAS, the City Council has determined it to be in the best interest of the City for the County to provide wastewater treatment and disposal services and reclaimed water within the City Service Area; and WHEREAS, subject to the terms and conditions set forth below, the County desires to provide wastewater treatment and disposal services and reclaimed water to the City Service Area and the City desires to accept the wastewater treatment and disposal services and reclaimed water provided by the County. NOW, THEREFORE, in consideration of the foregoing and the mutual obligations 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 incorporated in this Agreement herein. SECTION 2. APPENDICES. The following Appendices are attached and incorporated by reference. Appendix A - City Service Area Map Appendix B - City Tertiary Treatment System Appendix C - List of Displaced City Employees and Positions Appendix D - Okaloosa County Rate Scenarios for Proposed Four Year Rate Plan Appendix E - City & County Population Projection from Comprehensive Plans Appendix F - Executive Summary of APWRF Specifications Appendix G - City & County Monthly and Annual Billing Cycles Appendix H - Current Inter- Utility Emergency Water Rate Schedule SECTION 3. EFFECTIVE DATE AND TERM OF AGREEMENT. This Agreement shall be effective on the date signed by the last party and shall remain in effect for a period of thirty ( 30) years. This Agreement shall be automatically extended for up to two additional terms for a period of ten ( 10) years for each extension term. Such extensions shall automatically take effect unless the parties give notice of termination pursuant to the terms of termination in Section 13 below.  SECTION 4. MONTHLY RATES FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE. A) On a monthly basis, the County shall bill the City and the City shall pay for the wastewater treatment and disposal services provided under this Agreement at a rate equal to $ 2. 46 per each 1, 000 gallons of wastewater flow as measured by a magnetic flow meter located at the point of connection at the City' s discharge point into the County' s influent main into the APWRF ( the " Base Charge"). Additionally, the City shall pay to the County the Sewer Readiness To Serve Fee, for one thirty inch ( 3D") raw wastewater connection, which shall be equal to $ 3750. 00 per month ( the " Readiness to Serve Fee"). B) Beginning March 1, 2011 and each March 1m thereafter that this Agreement is in effect, the Base Charge and the Readiness to Serve Fee shall increase by an amount equal to 3% annually. The County shall not require the City to pay surcharges for the provision of its service outside of the County' s service area, which includes the entire City Service Area and any other service area that the City may annex in the future. C) During periods of Extreme Wet Weather flow events, the County shall establish a ceiling for the maximum average daily flow that will be used to calculate the Sewer Usage Charges for that period. Extreme Wet Weather EWW) flow shall be defined as a specified event in which the average daily flow ADF) for a continuous forty-eight ( 48) hour period is equal to or greater than 2. 0 times the previous continuous thirty ( 30) day ADF, then the County shall establish a billable ceiling for the EWW period at an amount equal to 2. 0 times the continuous thirty ( 30) ADF for the period immediately prior to the event. SECTION 5. LEASE OF THE CITY' S TERTIARY TREATMENT SYSTEM. A) The City agrees to lease to the County its existing tertiary treatment system, including the property upon which it is located, ( the " Tertiary System"), consisting of the mechanical, structural, electrical, and instrumentation and control ( I& C) components of the equipment and unit processes described herein, 1) the piping from the connection point of the County' s raw sewage piping along Roberts Road and the City' s 3D- inch influent pipeline; ( 2) the piping from the connection point of the County' s reuse piping along Roberts Road and the City' s 30- inch influent pipeline to the connection point of the influent piping to the effluent filtration process; ( 3) effluent filters and associated equipment; ( 4) chlorine contact basin and chlorination system; ( 5) final reuse water pump station; ( 6) two secondary clairifiers, scum pumping stations, and interconnecting piping; ( 7) terminating at the connection of the final reuse pump station discharge piping and the City' s 10- inch and 16- inch diameter reuse pipelines. The Tertiary System is more" particularly described in Appendix B, which is attached hereto. The Tertiary System shall not include the lines and equipment from the effluent filtration process to the City' s two million gallon ground storage tank at the City' s Golf Club ( the " City' s Reclaimed Distribution System"). For such lease, the County shall pay to the City the sum of one dollar ($