HomeMy WebLinkAboutAgreement_Water Service_08/03/2007AGREEMENT BETWEEN THE TOWN OF JUPITER
AND THE VILLAGE OF TEQUESTA
FOR POTABLE WATER EMERGENCY INTERCONNECTION SERVICE
THIS AGREEMENT, made and entered into by and between the TOWN OF
JUPITER, a municipal corporation of the State of Florida, whose address is 210 Military
Trail, Jupiter, Florida 33458, hereinafter called "Jupiter" and the VILLAGE OF
TEQUESTA, whose address is 345 Tequesta Drive, Tequesta, Florida, 33469,
hereinafter called "Tequesta."
WHEREAS, Tequesta is a municipal corporation organized and existing under
the laws of the State of Florida that provides potable water to its customers in Palm
Beach and Martin Counties, Florida; and
WHEREAS, Tequesta may require an additional supply of potable water from
time to time, on an emergency basis, to serve its customers; and
WHEREAS, Jupiter is a municipal corporation organized and existing under the
laws of the State of Florida that provides potable water to its customers in Palm Beach
County, Florida; and
WHEREAS, Jupiter may require an additional supply of potable water from time
to time, on an emergency basis, to serve its customers; and
WHEREAS, Jupiter and Tequesta have maintained a bulk water supply
agreement wherein Tequesta has purchased from Jupiter certain quantities of potable
water on a bulk sale basis pursuant to a written "bulk sale agreement" and said water
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has been delivered through existing interconnection facilities between Tequesta's water
system and Jupiter's water system; and
WHEREAS, the bulk sale agreement is being terminated pursuant to its terms;
and
WHEREAS, Tequesta and Jupiter desire to maintain the connection of their
water systems ("Interconnection") in order to purchase potable water from each other as
necessary to provide an emergency supply of potable water under the terms and
conditions set forth herein;
NOW, THEREFORE, for and in consideration of the sum of Ten ($10.00) Dollars
and the mutual undertakings and agreements contained and assumed herein, the
receipt and sufficiency of which are hereby acknowledged, Jupiter and Tequesta hereby
covenant and agree as follows:
1. Jupiter and Tequesta shall maintain the connection of their potable water
systems at the interconnection locations described on Exhibit "A" (attached hereto and
incorporated herein) for the purposes set forth herein (hereinafter the "interconnection
facilities")
2. Meters shall be maintained at the interconnection facilities with the
capability to measure the volume of water delivered at each interconnection facility,
whether being purchased or sold.
3. The meters at each location referenced above shall be utilized to measure
the amount of water delivered by each Party to the other.
4. The operation of the meters, and all aspects of the interconnection
facilities, shall be subject to required regulatory approvals, including but not limited to,
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the requirements of the Palm Beach County Public Health Unit, and the Florida
Department of Environmental Regulation.
5. The Parties agree that by the execution hereof,. neither Party is securing a
specific reservation of capacity from the other's production and / or delivery facilities
and this Agreement shall not create a vested right in the capabilities and / or water
rights of the other. Each Party declares that the other will be considered an
"interruptible" customer with regard to class of service. It is the intent of this Agreement
that the provision of service by either Party to the other shall be temporary and based
on emergency conditions and shall not impair the ability of either utility to deliver
adequate service to its respective customers and others who are lawfully entitled
thereto. For purposes of this agreement, the term "emergency" is intended to apply to
those unexpected circumstances such as hurricanes and floods that have caused, or
contributed to, plant or system failures thus making emergency service necessary.
Emergency service hereunder would generally be infrequent and generally not run
longer that 7 consecutive days.
6. The parties shall pay each other for emergency water service incurred
hereunder in the following manner. The party that received a quantity of water in
excess of what it provided to the other party ("net buyer") shall, at the end of every
quarter, make payment, to the other party ("net seller") by either delivering to the net
seller ("reciprocal delivery") a quantity of water equal to the difference between what
was received and what was delivered (".net emergency service") or shall transmit funds
to the net seller to pay for the net emergency service in accordance with the rate
determination discussed below. The net seller has discretion to elect the payment
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method at the time of payment. If payment is by reciprocal delivery, water shall be
delivered to the net seller via the interconnection facilities referenced above and the
related meters shall be used to confirm the quantity delivered. If payment is with funds,
the rate to be charged per 1,000 gallons of water delivered by either Party to the other,
hereunder, shall be the same and the requirement of an identical rate of charge for both
Parties shall apply throughout the life of this Agreement. The rate charged by each
shall equal the higher of either Party's highest approved commodity rate for commercial
service in effect at the time payment is to be made for the net emergency service. Prior
to issuance of an invoice for net emergency service hereunder, the rate to be reflected
on the invoice shall be determined through a conversation between the Directors of the
Utilities for both Jupiter and Tequesta. Once the rate to be charged is determined in
this manner, then an invoice from the net seller shall be delivered to the net buyer and
shall be timely paid thereafter.
7. Jupiter and the Village shall equally share all costs of the maintenance
and operation of the interconnection facilities and meters. Tequesta shall endeavor to
establish the ability to operate the primary interconnection facility located at 136 Bridge
Road with telemetric technology capable of both opening and closing the
interconnection facility, said capability, once installed, to be accessible to both Tequesta
and Jupiter.
8. Each Party shall own and maintain its own water meters and related
appurtenances and the utility lines interconnecting its respective system into the meters
and interconnection facilities. The Parties agree that each shall have free and
unrestrained access to the interconnection facilities, to all water meters, check valves
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and any other appurtenances thereto, to verify flows, meter readings, meter calibrations,
efficiency of the check valves, and any other performance data necessary to the
operations of the interconnection facilities. Each Party shall annually test its own
meters and repair / recalibrate if required. Copies of test reports shall be annually
provided to the other party. Any discrepancy in meter results shall be reconciled by the
manufacturer's representative, or a mutually approved service company, whose
determination of correct flow of water from one Party hereto to the other Party shall be
binding on both Parties in the event of a dispute as to the correct metering device. Any
incorrect metering device shall be repaired forthwith.
9. The Parties will exercise their best efforts in good faith to ensure that the
use of the interconnect facilities created hereby will conform to all existing rules,
regulations, ordinances, laws and statutes established by environmental, health and
other governmental authorities having jurisdiction thereover, and to encourage proper
management of their respective groundwater recharge areas, as applicable. Both
Parties agree that the rights and privileges created hereby will never be utilized to
create a public nuisance or to impair the ability of either Party to perform its ordinary
service obligations to its own customers.
10. Each Party agrees to notify and gain concurrence of the other by
telephone before opening the interconnection facilities and obtaining water thereby.
Telephone requests, for service and to terminate service, shall be made by the Chief
Operators, or their designees, for both the Jupiter and Tequesta Utilities. All such
requests shall be confirmed in writing mailed to the Chief Operator of the supplying
utility by the receiving utility by no later than seven (7) days after the telephone
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requests are first made. Ownership of any of the facilities set forth herein creates no
right to open the meter and obtain water without the supplier's express written or verbal
consent.
11. If either Party determines, in its sole discretion, at any time that the
demands placed on its facilities by customers located within its service area, or created
by those lawfully entitled to service from the facilities, cannot be reasonably satisfied
because of extraordinary conditions such as a major hurricane, either prior to or while
supplying water through the interconnection facilities to the other Party, or if a
governmental agency having jurisdiction determines that conditions are not permissible
for supplying water, such determination will warrant refusal to open the interconnection
facilities, or constitute a right to terminate water service then flowing through the
interconnection facilities. In such event the Party exercising such right of refusal or
termination agrees to notify the other in writing prior to the discontinuance of water
service through the interconnection.
12. This writing embodies the entire Agreement and understanding of the
Parties hereto. This Agreement supersedes the first or original Agreement between the
Town of Jupiter and the Village of Tequesta for a potable water interconnection. There
are no other understandings or agreements between the Parties, whether oral or
written, with reference to the subject matter hereof, that are not merged herein and
superseded hereby. No modification of the terms of this Agreement shall be valid
unless made in writing and signed by the Parties hereto. This Agreement shall be
governed and construed according to the laws of the State of Florida.
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13. The rights and duties created by this Agreement are personal to each
Party and shall not be assigned by either Party to another except upon the express
written permission and consent to do so, provided however, that such permission and
consent shall not be unreasonably withheld.
IN WITNESS WHEREOF, the Parties hereto have executed this instrument this
-~ day of ~~,~ , 2007.
By:_
T
ATTEST:
Village Clerk
(AUTHORITY SEAL)
Approved
BY.
Attorney, Town of Jupiter
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OF TEQUESTA, a municipal
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ATTEST: TOWN OF JUPITER, a municipal
~ corporation of the State of Florida
Exhibit A
Potable Water
Emergency Interconnections
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