HomeMy WebLinkAboutDocumentation_Regular_Tab 04_10/09/2014 VILLAGE CLERK'S OFFICE
AGENDA ITEM TRANSMITTAL FORM
Meeting Date: Meeting Type: Regular Ordinance #:
October 9, 2014
Consent Agenda: Yes Resolution #:
Originating Department: Manager
' �` �• � • : -• • -�•
Emergency Potable Water Interconnect Agreement between Town of Jupiter Island and The Viliage of
Tequesta.
� . . •.
Account #: Amount of this item:
Current Budgeted Amount Available: Amount Remaining after item:
Budget Transfer Required: No Appropriate Fund Balance: No
'' • ' •' .� � •- � • • .�- •.
Emergency Potable Water Interconnect Agreement between Town of Jupiter and The Village of Tequesta.
�- -• � .
Department Head
Finance Director or Representative �,;� N� , �
Reviewed for Financial Sufficiency ❑ `� �
No Financial Impact ❑ ; ,_.
�r�•�
Attorney: (for legal sufficiency)
. .,. _ _ __
Village Manager:
Submit for Council Discussion: ❑
Approve Item: �
Deny Item: �
� �-_---- - --_-- --- � --- �_----�= � .• � -• �- • •-
�� �� _ � � �� __ - - - `� --° ��°-� •
Form Amended: 3/14/14
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September 17, 2014
Michael R. Couzzo, Jr.
Village Manager
Village of Tequesta
34� 1 equesta Drive
Tequesta, FL 33469
Dear Mr. Couzzo:
The Emergency Potable Water Interconnect Agreement between the Village of Tequesta and the
Town of Jupiter Island was approved and signed by Mayor Charlston at the SMRU Board
meeting on September 16, 2014. Two (2) original signature documents are enclosed for
signature by the Village of Tequesta.
Upon execution of both agreements, with attestation and dating (page 1), kindly return one
original to me for Town/Utility files.
Thank you for your attention to this matter. Should you have any questions, p1_ease contact us.
S�ncerely,
�-^, �--` �� �
� t � %;'� �, %``, ---° � �^' �,.�'� �-�
�'t, � ' �''`�-'� � �... f . •C �'� "' \
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Eliza�th D, Hubbard ��'
Executive Assistant
Enclosures (2)
cc: 1Vlario E. Loaiza, PE, Utility Director (w/o encl.)
Gwen Carlisle, Town Clerk (w/o encl.)
EMERGENCY POTABLE WATER INTERCONNECT AGREEMENT
BETWEEN THE TOWN OF JUPITER ISLAND AND THE VILLAGE OF TEQUESTA
THIS AGREEMENT IS MADE AND ENTERED INTO this day of
, 2014, by and between the Town of Jupiter Island, a Florida municipal
corporation with offices located at 2 Bridge Road, Hobe Sound, Florida 33455, herein
referred to as the "Town"; and the Village of Tequesta, a Florida municipal corporation
with offices located at 345 Tequesta Drive, Tequesta, Florida 33469, herein referred to
as the "Village".
WHEREAS, pursuant to Chapters 166 and 180, Florida Statutes, the Town and
the Village are authorized to provide water service, and pursuant to such authority,
presently furnishe� water service to customers within their respective service areas; and
WHEREAS, the 2004 Bulk Water Service Agreement between the Town and the
Village, through which the Village provided potable water to the Town through certain
interconnection facilities more fully described in Exhibit A hereto (the "Interconnect
Facilities"), expired on December 31, 2012; and
WHEREAS, the Town and the Village recognize the benefit of maintaining the
existing Interconneet Facilities to facilitate the provision of potable water supply by the
parties to and from each other in order to deal with potential public water supply
emergencies, and desire to maintain such Interconnect Facilities pursuant to the terms
and conditions of this Agreement.
ACCORDINGLY, in consideration of the Recitals, covenants, agreements and
promises herein contained, and other good and valuable consideration the receipt and
1
sufficiency of which are hereby acknowledged by the parties, the parties covenant and
agree as follows:
SECTION 1. RECITALS. The above Recitals are true and correct, and form a
material part of this Agreement upon which the parties have relied.
SECTION 2. INTERCONNECTION OF WATER SYSTEMS; PROVISION OF
EMERGENCY WATER SERVICE TO BOTH PARTIES. Subject to the terms and
conditions set forth below, the parties agree to maintain the existing Interconnect
Facilities to permit each other to deliver to each other and receive emergency bulk
potable water supply when necessary in order to better serve their customers. The
terms, conditions, and procedures are set forth below:
2_1. Interconnectinq Pipeline. The location and description of the
Interconnect Facilities is shown in Exhibit "A". Each party shall maintain at its expense,
its own water transmission pipelines to the point of interconnection, as depicted and
detailed in Exhibit "A".
2_2. Meterinq.
(1) The existing metering equipment at the Interconnect Facilities is the
property of the Village, and is only capable of rneasuring the flow of water from the
Village to the Town. As such, the Town shall install its own metering equipment on the
Town's side of the point of interconnection. Metering equipment shall remain the
property, as well as the operation, maintenance, and replacement responsibilities of the
Town and the Village respectively. The parties shall have the right to read each others'
metering equipment for billing purposes.
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. (2) Each party shall, at its own expense, check the accuracy of its
meter no less frequently than every twelve (12) months and send the results to the other
party. If the other party desires to confirm the accuracy of the meter, the installing party
shall arrange for an accuracy test and the other party shall pay all costs of confirmation
testing. Such testing shall be conducted by an independent contractor.
(3) If a meter is found to be in error, exceeding two percent (2%) of
true accuracy, it shall be recalibrated to the satisfaction of both parties, at the expense
of the owner of that meter.
2_3. Emerqencv Water Service Terms. The terms for provision of
emergency water supply from one party to the other party shall be as follows:
(1) In the event a parly experiences an emergency water supply event,
it may provide notice to the other party of such event with sufficient detail of the cause
and anticipated duration of the event and the anticipated volume of emergency water
supply desired by the requesting party. Upon receipt of such notice, the supplying party
shall review the request and provide a written response to the requesting party as to the
amount of emergency water supply, if any, that the supplying party would have available
for delivery to the requesting party, setting forth any limitations or conditions on
supplying that emergency water supply. The requesting party shall provide written
confirmation to the supplying party that such limitations and conditions are acceptable,
upon receipt of which the supplying party shall implement provision of the emergency
water supply. The maximum rate of supply shall not exceed a rate in gallons per minute
that would be detrimental or harmful to the supplying party's water system. The
supplying party may restrict or curtail completely the emergency water supply if
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continued supply would be deemed detrimental to the supplying party's system by
providing written notice to the requesting party with as much prior notice as reasonable
given the conditions. The supplying party shall not be required to withdraw water in
excess of its water use permit. The supplying parly shall not be liable to the requesting
party or its customers for any interruption in the emergency water supply or for failure to
accept a request for emergency water supply from the requesting party.
(2) Emergency water supply provided by a supplying party at the point
of interconnection pursuant to subparagraph (1) above shall be of the same quality as
that furnished by the supplying party to its own customers, and said quality shall not be
less than that required to meet the minimum requirements established by the
Department of Environmental Protection. The supplying party shall not be responsible
for meeting any additional requirements on the receiving party's side of the point of
interconnection. The parties both agree to provide their best efforts to supply
emergency water at the point of interconnection at a minimum low pressure set point of
40 psi.
(3) The purpose of this Agreement is to make excess water supply
available during times of water supply emergency. It is not the intent of this Agreement
to form a combined water supply system that would invoke federal, state or local laws,
rules or regulations not otherwise applicable to the separate systems of the parties.
2_4. Pavment of Prevailinq Water Charqes. The parties shall pay
each other for emergency water service incurred hereunder as follows: The meters
shall be read quarterly by both parties or a joint representative of the parties as they
may designate, and the parly consuming more water than the other (the "buyer") shall
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pay the other party (the "seller") for the volume of the excess by either delivering to the
seller a quantity of water equal to the difference between what was received and what
was delivered, as measured by the seller's meter, or by transmitting funds to the seller
at a rate per thousand gallons of emergency water service received, as set forth on
Exhibit "B" hereto. The seller shall have sole discretion to elect the method of payment
when such payment is due. Throughout the term of this Agreement, this rate shall be
based upon the average of the Town's and the Vilfage's fowest non-subsidized usage
block rate for water customers. Should either parly change that rate, it shall notify the
other party in writing thereof, and the rates set forth on Exhibit "B" shall be adjusted
correspondingly as of the date of adoption of said rate change.
2_5. Pavment of Bills. The parties agree to be billed on a quarterly
basis, and to pay the bill within thirly (30) days from the date the bill is rendered. A past
due notice will be mailed to the paying party after thirly (30) days; if payment has not
been received after sixty (60) days from the date of the original bill, use of the
emergency interconnect by the delinquent party may be suspended until payment is
received.
SECTION 3. DISCLAIMER OF THIRD PARTY BENEFICIARIES. This
Agreement is solely for the benefit of the formal parties herein, and no right or cause of
action shall accrue upon or by reason hereof, be given to or for the benefit of any third
party not a formal party hereto, including but not limited to the customers of either party
who are not third parly beneficiaries of this Agreement.
SECTION 4. ASSIGNMENT. This Agreement shall be binding on the parties
hereto and their representatives and successors. Neither party shall assign this
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Agreement or the rights and obligations to any other party without the prior written
consent of the other pariy hereto.
SECTION 5 DEFAULT
5_1. Either party to this Agreement, in the event or act of default by the
other, shall have all remedies available to it under the laws of the State of Florida,
including but not limited to injunction to prevent default or specific perFormance to
enforce this Agreement, subject to state law. The rights of the parties shall be
considered cumulative and shall not be waived now or in the future by the exercise of
any rights and remedies provided under the terms of this Agreement and authorized by
law.
5_2. Except for defaults in payment of invoices, each of the parties
hereto shall give the other party written notice of any defaults hereunder and shall allow
the defaulting party thirty (30) days from the date of receipt to cure such defaults, and
shall otherwise comply with any state law related to resolving disputes between local
governments.
SECTION 6. DISCLAIMER OF SECURITY. Notwithstanding any other
provisions of this Agreement, the Town and the Village expressly acknowledge that they
have no pledge of or lien upon any real property, personal property, or any existing or
future revenue source of the other as security for any amounts of money payable by the
other under this Agreement.
SECTION 7. NOTICE; PROPER FORM. Any notice required or allowed to be
delivered hereunder shall be in writing and be deemed to be delivered when: (a) hand
delivered to the utility director of the party at the parly's main administrative complex; (b)
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upon receipt of such notice by email to the utility director of the parly with a"delivered"
receipt received and retained, or (c) upon receipt of such notice when mailed by
certified U.S. mail, postage prepaid, return receipt requested, addressed to utility
director of such party at said address or at such other address as the party shall have
specified by written notice to the other party delivered in accordance herewith.
SECTION 8. SEVERABILITY. If any part of this Agreement is found to be
invalid or unenforceable by a court of competent jurisdiction, such invalidity or
unenforceability shall not affect the others parts of this Agreement if the rights and
obligations of the parties contained herein are not materially prejudiced and if the
intentions of the parties can continue to be effected. To that end, this Agreement is
declared severable.
SECTION 9. TERM OF AGREEMENT. The term of this Agreement is one year
from the date last executed by a Party, and shall be automatically extended year to year
after the initial term, unless one party notifies the other in writing within thirty (30) days
of the expiration of the then current term of the Agreement of their intent to terminate
the Agreement.
SECTION 10. TIME OF THE ESSENCE. Time is hereby declared to be of the
essence to the lawful perFormance of the duties and obligations contained in this
Agreement.
SECTION 11. APPLICABLE LAW: FEES AND COSTS. This Agreement and
the provisions contained herein shall be construed, controlled, and interpreted
according to the laws of the State of Florida. Venue for any actions brought by the
Town against the Village shall lie in Palm Beach County, Florida, and venue for any
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actions brought by the Village against the Town shall lie in Martin County, Florida. Each
party shall be responsible for its own attorney's fees and costs associated with any
action to enforce the terms of this Agreement.
SECTION 12. ENTIRE AGREEMENT; EFFECT ON PRIOR AGREEMENTS.
This instrument constitutes the entire agreement between the parties and supersedes
all previous discussions, understandings, and agreements between the parties relating
to the subject matter of this Agreement. Amendments to and waivers of the provisions
herein shall be made by the parties in writing by formal amendment. The parties may
execute the Agreement in counterparts.
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IN WITiVESS 1dUh1EREOF, the parties hereto have execute� this Agreement as of
the day and year set forth above:
TOWN OF JUPITER ISLAND, FLORIDA,
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ATTEST: `"� ��
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(Town Clerk) �I� , ,��,.` �� �-�°, °�`�� MAYOR �
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��a� `�'��� ��"'�'��� '�LACE OF TEC�UESTA, FLORIDA,
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ATTEST:
By
(Village Cierk) PJIAYOR
9
EXHIBIT A
The interconnect consists of a meter and valve connecting the Tequesta water system
to the South Martin Regional Utility water system along the west side of S. Beach Road
just north of the service entrance to the Blowing Rocks Nature Conservancy, depicted
here.
The interconnect is a simple turbine meter and gate valve assembly and relies on the
differential pressure between the two utilities to provide the transfer of water.
- - -
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EXHIBIT B
As referenced in Section 2.4., Pavment of Prevailinq Water Charqes, the current
average rate for Emergency Potable Water is $ 2.10 per thousand gallons, as computed
by using the lowest, non-subsidized usage rate block from each party, in the attached
pages.
�A�afi ��� ;'��"A �.. __�
WATER SfiEP RATES/CHARGES
E�'F'ECTZVE DATE: QCTOBER 1, 201.3
0-].�,000 GALLUNS $2.25 P�R T�QUSANU GALLON'S
0 - ].2,000 GALS,
Z2,001- Z5,000 $3.77 PER THOUSAND GALLONS
G�ALLONS 22,001- 25,OQ0 GAI,S.
�5,00� - 4Q,000 $5.13 PER. THOYJSAND GALL4NS
GALLQNS 25,001-- 40,000 GALS.
41 AND ABQVE $6.58 PER T$OUSAND GALL�NS
41,OU0 & ASOVE
MONTHL'Y SERVICE CHA�tGE:5/8"&3/4=$I4.i51"=$35.3411/2=�70:85
FXRE 1'R4TECTX4N CHARG�: $1.09
IJTILITY �'AX : TEQUESTA 9 %
PBCOUNTYlMARTIN COUNTY: ' 25 %
Meter Siize Ma�ciimum Flow Per Gallon Per Minute (GP1V�
$18" 20 GPM
3 /" 30 GPM
1" 50 GPM
].-1/Z" � 100 GPM
F�LD T�C�C�,N SECUND'VTSI�
TO CHECK 1VIETER $20.57
fiURN-�I�iTURN 4I�'F AT CCl�ST`ON.i�RS'
REQTJEST (.A,LSO S�AS4NAL CUSTOMERS) �2a.57
11�ETER TES'1'Il�G FOR
MA.LFUI�TCTIONS 5/8" A1�I].l �/" $6�.75
'WAT�R SI�ITT-O�`F D� T4 NON-PAYMENT CHARGES
'�'EQU.ESTA, $56.62 P.B.�./1V.EARTII� COUNTY $70.?7
:
� V��.Iage of Tequesta 34� Tequesfia D�ive,Teques�a Ft. 33469 �
Ph�one#561-7b8-0.700 Fcnc#561-76$-0699
� � VVATER RA.TE�
RESIDENTI�L SERVICE
Applicable for water service to single family customers or mul�i-family eustomers
. where the water is individua.11y metered.
ltates —.Monthly �ffecEi�ve October 1, 2013
Base Facility Chai�ge
Meter Size:
5/8" x 3f4" . $19.51
1"
48.78
1-112" 97.55
2 " 156.08
Over 2" $19..51
(t�ines tlte number af ERCs of
dem�n� as deterinined by tlie
�Jtihty Consu�ti�g Engineerj
Com:modi: ,t�Charge,
Per 1,000 Gal'ians:
1 to 3,ODU gals. $p
, 3,U01 to �O,OpO ga�s. 2.U6
10,001 to 2U,OU0 gals. 3,p9
. 2U,UU1 to 40,ODU galss. Q,,12
40,.OQl .ga�s. and above 5.15
[*] IRUrsuant to Resolution �io. 593 adopteet September ZU, 2U0�, commodtij+ charges may
be adjusted f.�om tLne to time to re�ect a water use restrIct3on surcbarge rate adjusimeirt
that maq be impl+e�nented In response to generat watar t�se reshnctions imposect by f�e
South Florida VfFaterMaaagementDistrict (SFWNID).