Okaloosa County BOCC — February 3, 2015 — Interlocal Agreement - Town of Shalimar and Okaloosa County — reading text

INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND THE TOWN OF SHALIMAR THIS INTERLOCAL AGREEMENT is made and entered into this day of January 2015, between OKALOOSA COUNTY, FLORIDA (the “COUNTY”), and the TOWN OF SHALIMAR, FLORIDA (the “TOWN™). WHEREAS, the COUNTY is a non-charter county organized and existing pursuant to Article VIIL, Section 1(f) of the Florida Constitution, and provides water and wastewater services within its established service area within Okaloosa County, including within the municipal boundaries of the TOWN; and WHEREAS, pursuant to the water and wastewater services that the COUNTY provides within the municipal boundaries of the TOWN, it provides billings to its customers on a periodic basis; and WHEREAS, the TOWN desires to have the COUNTY include or attach the newsletters of the TOWN to the COUNTY’s periodic billings, which will provide information relating to general community matters; and NOW, THEREFORE, in consideration of the above and the conditions, covenants, and obligations between the Parties as outlined herein, and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by all, the Parties agree as follows: SECTION 1. The above recitals are essential terms of this Agreement and incorporated herein. SECTION 2. The COUNTY, through its Water & Sewer Department (“OCWS”), shall include a newsletter from the TOWN as an insert to its quarterly Utility Billing Statement. Such newsletters shall be prepared and mailed in accordance with the following procedures: (A) The TOWN shall be solely responsible for the newsletter. 1. A draft of the proposed newsletter shall be provided to OCWS for its review. Such draft shall be provided four (4) to six (6) weeks prior to the scheduled issuance of the OCWS quarterly Utility Billing Statement. The current mailing cycle for the Utility Billing Statements is February, May August and November of each year. (By example, the draft newsletter shall be due at OCWS on or prior to February 1 for the February newsletter; etc.) 2. OCWS shall review the draft within two weeks of receipt and after making appropriate adjustments, shall return a proof of the newsletter to the TOWN for its final review and approval. Such proof shall also be in a Microsoft Word format. The newsletter shall consist of general information to the public concerning community matters within the TOWN. The newsletter shall not be used for political purpose or for the dissemination of information seeking to influence public opinion of issues of local concern. 3. OCWS, in its review of the draft newsletter, may, in its sole discretion, elect to delete any or all material from the draft newsletter that it considers inappropriate. OCWS will notify the TOWN of any material that it considers inappropriate. And the removal of that material from the draft newsletter. 4. After final review by the TOWN, the Town shall be responsible for forwarding the approved draft of the newsletter to OCWS. 5. OCWS shall be responsible for forwarding the approved draft of the newsletter to Pinnacle or such other designee of OCWS (who is the OCWS vendor that will print and prepare the newsletter for delivery in the Utility Bill Statement.) 6. In the event that the schedule for the routine Utility Billing Schedule is altered, then OCWS shall give the TOWN ninety (90) days prior notice of the change in schedule. (B) The newsletter shall only be included within the Utility Billing Statements of customers of OCWS where the property that is the subject of the Utility Billing Statement is located within the municipal boundaries of the TOWN. The newsletter shall not be included in the Utility Bill Statement of any customers of the OCWS where the property that is the subject of the Utility Bill Statement is within the unincorporated area of Okaloosa County or in any other municipality. SECTION 3. (A) For the review, process and inclusion of the newsletter of the TOWN in the quarterly Utility Billing Statement of the COUNTY, the TOWN shall pay the following amounts: 1. The exact cost for the newsletter to be printed, inserted, and imaged on the customer’s account. (B) It is contemplated that the current postal rate for mailing will be at the current rate of $.48 per Utility Billing Statement, (based upon the assumption that the number of newsletters and Utility Billing Statements that will be sent will be under 500 pieces and that the weight of each unit will be less that one (1) ounce). In the event that the weight of each newsletter, along with the routine Ultility Billing Statement exceeds one (1) ounce then the TOWN shall be responsible for the difference between the rates charged for the greater weight. (By example, in that event, the mailing will be at the two (2) ounce rate, which is currently the one ounce rate plus an additional rate of $.21 per once, then the TOWN shall in additional to all other above charges, be solely responsible for the difference between the one (1) ounce rate and the two (2) ounce rate or as in this example, which is $.21 per statement. It will be presumed for the purposes of this Agreement that the postal rate of the Utility Billing Statement without the insert shall be the lowest available rate. (C) OCWS will be utilizing the services of a bill print company for the printing and posting of the newsletters. The rate charged will be the exact rate charged by the bill print company. In the event that OCWS uses a different bill print company that charges a different rate or the rate charged by the current bill print company changes, the TOWN shall agree to pay the actual costs of the services provided by that provider. This is the same regardless of whether the rate increases or decreases. (D)OCWS will send an invoice to the TOWN for payment within ninety (90) days of the mailing of the Utility Bill Statements with the newsletter. The TOWN shall pay the invoice within thirty (30) days of the date of mailing of the invoice by the COUNTY. SECTION 4. All notices required under this Agreement shall be by certified mail return receipt requested and sent to the following contacts: TOWN OF SHALIMAR OKALOOSA COUNTY Attention: Tom Burns, Town Manager Attention: Director Town of Shalimar Okaloosa County Water & Sewer 2 Cherokee Road 1804 Lewis Turner Blvd., Suite 300 Shalimar, FL 32579 Fort Walton Beach, FLL 32548 Section 5. The term of this Agreement shall be for five (5) years. Either party may terminate this Agreement at any time upon the giving of thirty (30) days written notice to the other party. Section 6. If either party is required to institute legal proceedings to enforce the terms of this Agreement, then the prevailing party shall be entitled to an award of its costs and reasonable attorney’s fees incurred in enforcing their rights under this Agreement. In the event of the breach of this Agreement, venue shall be in Okaloosa County, Florida. Section 7. To the fullest extent permitted by law, TOWN shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or wrongful conduct of the TOWN and other persons employed or utilized by the TOWN in the performance of this contract. Section 8. This Agreement shall become binding upon the execution, in two (2) counterpart originals, by all parties as provided in the Agreement. IN WITNESS WHEREOF, the TOWN and the COUNTY, through their respective agents, have, in duplicate original signed this Agreement. ATTEST OKALOOSA COUNTY, FLORIDA BY: NATHAN D. BOYLES, CHAIRMAN CLERK OF THE CIRCUIT BOARD OF COUNTY COMMISSIONERS COURT OF OKALOOSA COUNTY DATE: TOWN OF SHALIMAR e » 7 ; " L2 - //{,,Zg% BY: TOM BURNS TOWN MANAGER DATE;: // / > é‘/ // 5= APPROVED AS TO FORM: === fv GREGSTEWARD D COUNTY ATTORNEY