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HomeMy WebLinkAboutCity of Casselberry - Interlocal Agreement For Emergency Potable Water - 2011 01 11 IN NMNMINMNMNaimuusasMMM IMif Ft)nt - m m cn m INTERLOCAL AGREEMENT FOR AN EMERGENCY POTABLE WATER e INTERCONNECT SYSTEM BETWEEN CITY OF CASSELBERRY AND CITY OF o 5 WINTER SPRINGS xi m mc, WITNESSETH: ° X O THIS AGREEMENT is made and entered into this ii day of u n •Thlr►vM 20 11 by and between the CITY OF CASSELBERRY, a Florida c 3 (� 0 municipal corporation, whose mailing address is 95 Triplet Lake Drive, Casselberry, Florida o — xi r0 32707, hereinafter referred to as "CASSELBERRY" and the CITY OF WINTER SPRINGS, a IP nQ J Florida municipal corporation, whose mailing address is 1126 East State Road 434, Winter o Springs,Florida 32708, hereinafter referred to as"WINTER SPRINGS." m o c WHEREAS, CASSELBERRY and WINTER SPRINGS recognize the need for the c� -n z mutual provision of wholesale water service to and from the water systems owned and operated c 'Et) by CASSELBERRY and WINTER SPRINGS, respectively, and more particularly described on o w w Exhibit"A," attached hereto and incorporated herein; and 0 th 04 WHEREAS, the parties acknowledge that the mutual provision of said wholesale water o -r t H service is needed through an emergency interconnect. coa rn NOW, THEREFORE, in consideration of the mutual covenants, promises and a 0-, agreements herein contained, and of other good and valuable consideration, the receipt and Mt N sufficiency of which is hereby acknowledged,the parties hereby agree as follows: m C 0 0 Section 1. Recitals. g 0 The recitals set forth above are true and correct and form a material part of this Agreement upon which the parties have relied. a; [Emergency Interconnect Water Agreement] Page 1 Section 2. Definition of Emergency. For purposes of this Agreement, the term "emergency" means any temporary and unexpected disruption of the designed and established manner of public water supply production and distribution within either CASSELBERRY or WINTER SPRINGS including, without limitation, an act of God, a catastrophe, or other major system failures. CASSELBERRY and WINTER SPRINGS may agree, on a case-by-case basis, whether a particular circumstance constitutes an emergency. Section 3. Terms of the Agreement. The duration of this Agreement shall be for a period of fifteen (15) years from the date of execution by the parties, unless terminated earlier pursuant to the procedures described in Section 8. This Agreement shall automatically renew for additional five (5) year periods unless CASSELBERRY or WINTER SPRINGS provides written notice to the other party of its intention to terminate, which notice must be given one (1) year prior to the automatic date of renewal in the manner provided for hereinafter. Each party shall be responsible for fifty percent (50%) of the actual cost of removing all interconnections at termination of this Agreement as provided in Section 8. Section 4. Payment. (a) Wholesale Water User Charges. 1. In case of emergency, CASSELBERRY agrees to provide a water supply for use by WINTER SPRINGS in accordance with the terms and conditions herein for a charge of$0.781 per one thousand (1,000) gallons of water. CASSELBERRY shall invoice WINTER SPRINGS monthly based upon the number of gallons of water which pass [Emergency Interconnect Water Agreement] Page 2 through the meter each month. WINTER SPRINGS agrees to pay for all water transmitted to its transmission facilities at the aforementioned rates and agrees to make payment to CASSELBERRY within forty-five (45) days from receipt of the invoice. Failure to provide timely payment will be considered a default on the terms of this Agreement and shall be processed as shown in Section 8(b)herein. 2. In case of emergency, WINTER SPRINGS agrees to provide in the case of an emergency, a water supply for use by CASSELBERRY in accordance with the terms and conditions herein for a charge of a $0.781 per one thousand (1,000) gallons of water. WINTER SPRINGS shall invoice CASSELBERRY monthly based upon the number of gallons of water which pass through the meter each month. CASSELBERRY agrees to pay for all water transmitted to its transmission facilities at the aforementioned rates and agrees to make payments to WINTER SPRINGS within forty-five (45) days from receipt of the bill. Failure to provide timely payment will be considered a default on the terms of this Agreement and shall be processed as shown in Section 8(b)herein. (b) Change Of Rates. If either CASSELBERRY or WINTER SPRINGS propose any new or amended rate schedule while this Agreement is in effect, notice shall be furnished to the other party prior to the effective date of the new or amended rate schedule. Thereafter, the new or amended rate schedule shall replace the rate schedule for wholesale services described in the Agreement, beginning in the next billing cycle after the change in rate takes effect. The purpose of this subsection is only to ensure disclosure of rate changes and shall not grant either party a right to appeal any rate increase. The parties hereby declare that the [Emergency Interconnect Water Agreement] Page 3 aforementioned rates are not in excess of the lowest rates available to any prospective wholesale service customer, and agree that during the Agreement, both parties shall continue to be billed at the lowest available rate for equivalent wholesale service. Section 5. Connection and Water Quality. (a) Connection. 1. Equipment. The design and location of the services connection is reflected on design and location drawings prepared by CASSELBERRY and submitted to and approved by WINTER SPRINGS as shown on Exhibit "B," attached hereto and incorporated herein. The parties shall comply with all applicable cross-connection control requirements. Such design and location drawings shall call for, water main extensions by both CASSELBERRY and WINTER SPRINGS, one, eight inch (8") bi-directional emergency interconnect meter, isolation valves, electrical service and auto flushing devices as are deemed necessary by CASSELBERRY and WINTER SPRINGS. Both parties shall pay equally all costs of design, submission, site preparation, permitting, record drawings, and installation of the aforementioned devices utilized. 2. Meters. Title to the water shall pass to the other party at the inlet flange of the meter. CASSELBERRY and WINTER SPRINGS shall equally share responsibility for all testing requirements;maintenance, repair and replacement associated with the emergency interconnect bi-directional meter; backflow preventers and appurtenances at the point of connection. The bi-directional meter and backflow preventers shall be tested annually on a rotating basis by CASSELBERRY and WINTER SPRINGS, or on a more frequent basis if required by regulatory agencies. All associated test results shall be submitted to [Emergency Interconnect Water Agreement] Page 4 CASSELBERRY by WINTER SPRINGS and to WINTER SPRINGS by CASSELBERRY. A meter accuracy of ninety-five percent (95%) or greater shall be maintained. The meters must be read prior to opening the interconnect. When the interconnect is closed, the meters shall be read again, and the parties shall inform each other of the reading. 3. Maintenance. Any necessary repairs to the connection must be made within thirty (30) days. Each party shall be responsible for fifty percent (50%) of the annual costs associated with the maintenance, repair, or replacement of the devices utilized at the point of connection. WINTER SPRINGS shall invoice CASSELBERRY for its share of such costs on an annual basis. During normal conditions, water will be prevented from flowing through the interconnect. (b) Water Quality. Each party shall provide treated water to the other party, as needed, at the point of connection of the emergency interconnect owned by WINTER SPRINGS and CASSELBERRY. Treated water must meet the water quality requirements of all applicable regulatory agencies including the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection and the Florida Department of Health. Further, if either CASSELBERRY or WINTER SPRINGS propose any change(s) to their water treatment processes up to and including disinfection processes that would affect the water quality chemistry of their finished water while this Agreement is in effect, notice shall be furnished to the other party prior to the effective date of the proposed change(s). Section 6. No Representations or Warranties. [Emergency Interconnect Water Agreement] Page 5 The parties do not guarantee that the supply of water furnished through the emergency interconnect to the other party shall be free from interruption. Neither party shall be responsible for damages to any person whomsoever for any failure to supply water or for any interruption in such service for supply, nor shall such interruption constitute a breach of this Agreement on the part of either party. Furthermore, the parties agree to and shall operate with the understanding that neither party shall be obligated: (a) to deprive any customers of desired water in order to partly or completely serve the other party; (b) to furnish, at any time, more or less water and/or water pressure than is available at such time at such main location; (c) to install or not to install to its water system any related equipment (for any reason) other than the equipment already available as of the date of execution of this Agreement; (d) to remove and/or disconnect any meter or equipment related to the interconnection if the provisions hereof are not performed by the other party; (e) to furnish water to the other party for flushing mains or individual service lines; (f) to take or refrain from taking any action other than the mere supply of wholesale water service, subject to the covenants and restrictions set forth herein; or [Emergency Interconnect Water Agreement] Page 6 (g) to test, modify, maintain, or repair their respective water system beyond the outlet flange of the two emergency interconnect meters to satisfy any regulatory agency requirement. Section 7. Water Conservation. This Agreement shall be subject to all state and federal water conservation regulations. Further, any time that the customers of either party are under water use restrictions, and water is being supplied under this Agreement, the party receiving the water agrees to impose restrictions at least as strict as those imposed by the party providing the water. Section 8. Early Termination. (a) Without Cause. If neither party is in breach, either WINTER SPRINGS or CASSELBERRY may terminate this Agreement prior to the expiration of the term by rendering to the other party one hundred eighty(180) days notice of early termination. (b) For Cause. Should the authority of CASSELBERRY or WINTER SPRINGS to perform this Agreement become impaired or superseded by any other authority, or if CASSELBERRY or WINTER SPRINGS fails to perform each and every agreed-upon obligation, WINTER SPRINGS and CASSELBERRY each maintain the right to immediately discontinue performance of services pursuant to this Agreement, after the party seeking termination has provided written notice of the alleged violation to the breaching party, and that party failed to cure the breach within thirty (30) days of receipt of notice thereof. Violation of the payment provisions of this Agreement shall be governed by the provisions of Section 4. [Emergency Interconnect Water Agreement] Page 7 (c) Remedies. Either party to this Agreement, in the event of or act of breach by the other, shall have all remedies available to it under the laws of the State Florida including, but not limited to, injunction to prevent breach, or specific performance to enforce this Agreement, subject to State law. Section 9. No Modifications without Consent. Any proposed modification to either party's system that requires a Florida Department of Environmental Protection or similar agency permit shall be submitted to the other party in conceptual drawing form. Each party shall have the right to approve or disapprove such proposed or modification and to suggest changes thereto. Approval by WINTER SPRINGS or CASSELBERRY shall not be unreasonably withheld, but modification shall not be made without prior written approval by WINTER SPRINGS or CASSELBERRY. No additions, alterations or variations of this Agreement shall be valid unless each is expressly set forth in writing and duly signed by the parties. Section 10. Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the respective parties hereto, but shall only be assigned by CASSELBERRY or WINTER SPRINGS after obtaining the written approval of the other party. Section 11. Right of Inspection. Each party hereby guarantees to the other party the right, at all reasonable times and at any time during an emergency, by its duly authorized agents or employees, to enter the premises [Emergency Interconnect Water Agreement] Page 8 of their water systems for inspection purposes and for the purpose of repairing, maintaining, or removing any property owned by the entering party. Section 12. Purchase of Water. The parties agree to purchase from each other any and all water consumed through this bi-directional emergency interconnect meter during the term of this Agreement. Section 13. Disclaimer of Third Party Beneficiaries. This Agreement is solely for the benefit of the formal parties hereto, and no right or cause of action shall accrue upon or by reason hereof,to or for the benefit of, any third party not a formal party hereto. Section 14. Waiver of Rights. Any waiver at any time by WINTER SPRINGS or CASSELBERRY of their rights with respect to a default or any other matter arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other default or matter, similar or different, prior or subsequent. Section 15. Indemnity. Subject to liability limitations of §768.28, Florida Statutes, each party hereby agrees to save and hold harmless the other from and against any claims made by third parties for damages resulting from the failure of either party to deliver water meeting all state and federal standards. Each party agrees, at its own expense, to maintain general liability insurance coverage or self insure with standard limits for utility operations during the term of this Agreement to cover all such claims by third parties. When receiving water under this Agreement, the party providing the water acts in the capacity of owner and operator of a public water system and is solely responsible for compliance with all pertinent regulations, and the party receiving the water will have no responsibility for said water. [Emergency Interconnect Water Agreement] Page 9 Section 16. Prior Agreements. Any and all prior agreements, written or oral, as may exist relating to the provision of wholesale water service between the parties' water systems through the bi-directional emergency interconnect meter set forth in Exhibit`B" are hereby void and of no further force and effect. This Agreement constitutes the full and complete agreement and understanding of the parties as to the provision of wholesale water service between the parties' water systems through the bi-directional emergency interconnect meter set forth in Exhibit`B." Section 17. Time of the Essence. Time is hereby declared of the essence to the lawful performance of the duties and obligations contained in this Agreement. Section 18. Applicable Law. This Agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Florida. Section 19. Severability. Any provision of this Agreement which is prohibited or unenforceable under any law shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof, provided the rights and obligations of the parties hereto are not materially prejudiced and the intentions of the parties can continue to be effected. Section 20. Force Majeure. Neither party shall be in default of the terms hereof if such action is due to a natural calamity, or similar causes beyond the control of such party. Section 21. Notices. Any notice to be given by WINTER SPRINGS or CASSELBERRY to the other shall be sent either by hand-delivery, registered or certified mail to [Emergency Interconnect Water Agreement] Page 10 the respective addresses shown below. Either party may change its notice address by giving proper written notice to the other as provided herein: For Winter Springs: City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708 For Casselberry: City of Casselberry 95 Triplet Lake Drive Casselberry, FL 32707 [Emergency Interconnect Water Agreement] Page 11 Section 22. Effective Date. This Agreement shall take effect on the date that this Agreement is fully executed by the parties hereto. IN WITNESS WHEROF, the parties have made and executed this Agreement to be executed by their duly authorized officers for the purposes herein stated on the date first written above. ATTEST: CITY OF WINTER SPRINGS 4 1 By: A 1717. . City Clerk C ar es Lacey; Date: //0244 ATTEST: CITY OF CASSELBERRY ■ s By. DONNA G. GARDNER, City Clerk CHARLENE GL O, %Y, Mayor Date: /02-/3—lU Attachments: Exhibit"A"—Water Systems Exhibit"B"—Design and Location Drawings [Emergency Interconnect Water Agreement] Page 12 11" da b .t? 0 g i V U 4 • f '-',6 1116461719 NMI ... . o v a. ) fi ro t f c ....rs-,.....A.C.:.7-=1 4,1 \ =It \ ." — _ 4 e, i - '1. ,,,l.,,'4—m--- — '*". (11 IN :121 b- tat5e— -..r. ,- tk ii II,...4t- I, 1r, ,. - 9---„iii' :pp," urn" 1 -pi ,. 40 ii ra c� Iiti1i1 .' fit ►. t t r r 111 1 t1 it a) 1 MAN Mr 4' Lt ! � 0 Warr nil lµ " _ a . " -... .,: mod � iJiiII ♦ a t q (A A A r0 O 1 0 r fi. • Exhibit "A" Winter Springs Water Distribution System Interconnect Location Area 1/ tl •j �4 k'7 a�r.N ',',,,,,,/ .. •I " iw .4..:.....v...m. Jig '4r 7r , A If a i �)t { 'u Aii�. 4r =tal ar .{ 'N 'lr�� , 7N €i t. fff /f..'.;F !l: ' °-",4,f •1 YI 1•• r J J1 X, 1+�1)-.` �1. .�tri 'l d:l, r!/ 4 7 { I " �°+,� ' ill 1 1 /i!! Jti „l'�,K ,+ r ' .7 I ri fl Jtxa a • , �,K, e a ��,"ra7 �/� e' i .1fW uYr r+T 4 \..! : , § ( hr \\ r�i i1) v ri Jrr 7° 4� .,c9 a: :xo ,. 1 vi ,, ,.:'ti 1i\, 1t ,=iJ 1 .,,1 'e4 b,r/ . r� ,„ ,� ad 1.i rr7 it it ■ y.ii !Y _ ,M !JY` 1 ff i , \ NI isi7 iF1 'HI"' .,"" ` X N 3!�1J ' 1 eat v�i .� „* / fir.�r • Jr�i�� + ' �'i 1 ? ' ' i `\, \ .,✓ '4 c, 1/4,+r 1 r i e r1 r 1'ti ' �." .;. l Sy,}�,,1.•:".„ 4'P.ktc �-' - - , G t;l,'.',t i IA WC,' t, • . Exhibit"B" Casselberry/Winter Sprints Water Interconnect Design Drawing . ill . 1I►© A o 9 , Iit,,'' ---4------ -1 1- -_ 1 T. 4' . •© 0 0 0 If PI,arr o • A Q . 0 a O © C7 REVAlle4/ • t 1 , - raitanuum tom klrwc+tutsf kWh twuur ammsrm+awanwnaorawtaameaura 0 mnnrttawwN CI latIAloAtrattrA NIVIN IMMU ILY QQ eamvms tmasrn µby}µ l t pa a'7/,Nil asps PO MAI Ui tr tr�i--ia'�gaorca 0 i ticrezasrl.n rmu+7 © mo vac-raw Q ri»rancrarrmaru% • . o�: .. I t t • • . ,. _ . rwooD G Exhibit"B" \-- \ ---------- G . 0 \------""--- 0 0 94 --•"---$1111* -- 0 1. .... li -------- Casselberrv/Winter Springs ---- --- ,---- Water Interconnect Location 4, q.` \ _r_.... \ —--------- —1----7--/ ------ —..------ — -- -- ---..... G ‘ ' 'A \ 1 L J ? ,,). \ \ i •___--1,. ..... , \ .... \ ,.. „ \ \s \ \ \ 8 \ \ \ . ' .----''' ....-" , "`--- -...„.„.. ....-- — .. 11_•- A N., \ ., N \ \ , \ \ .. , \ N\ \ \ \ / \ \ i \ N \ \ \ 40 , \\ .../ \ \ \ \. e,%•,,.< • \ \ , .....„ \ \ \ \ //t,t1‘‘/ ‘ \ •• '1" 0 /- .. . \ \ .., ,.., \ , \ , , „..... „ ./. .. ,.. , \ . \ \ ..... / \ , , \ ,.. , , \ ,' •\ \ „,+ .... . ‘. , ■ , \ \ „ .'„\ • .1/4,, , \ ■ \ \ ...‹. \ i 1 RECEIVED TRANSMITTAL MEMORANDUM APR 1 5 2011 CITY OF WINTER SPRINGS OFFICE OF THE CITY CLERK TO: City of Winter Springs DATE: April 12, 2011 Attn: Andrea Lorenzo-Luaces, City Clerk 1126 E. State Road 434 Winter Springs, FL 32708 RE: Interlocal - Water Interconnect with City of Casselberry DOCUMENTS OR PAPERS LISTED BELOW ARE ENCLOSED: Enclosed is the original Interlocal Agreement for your records and safekeeping. THANK YOU. BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, FL 32802-2873 TELEPHONE: (407) 425-9566 FAX: (407) 425-9596 ttozyk____ Nancy A. Ham, Legal Assistant