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HomeMy WebLinkAboutAgreement_General_10/09/2014 (4) EMERGENCY POTABLE WATER INTERCONNECT AGREEMENT BETWEEN THE TOWN OF JUPITER ISLAND AND THE VILLAGE OF TEQUESTA THIS AGREEMENT IS MADE AND ENTERED INTO this q day of Obbtr , 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 furnishes 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 Interconnect 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. Interconnecting 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. Metering (1) The existing metering equipment at the Interconnect Facilities is the property of the Village, and is only capable of measuring 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. 2 (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. Ernerclency 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 party 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 3 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 party 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. Payment of Prevailing Water Charges 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 party consuming more water than the other (the "buyer") shall 4 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 Village's lowest non - subsidized usage block rate for water customers. Should either party 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. Payment of Bills The parties agree to be billed on a quarterly basis, and to pay the bill within thirty (30) days from the date the bill is rendered. A past due notice will be mailed to the paying party after thirty (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 party 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 5 Agreement or the rights and obligations to any other party without the prior written consent of the other party 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 party's main administrative complex; (b) 6 upon receipt of such notice by email to the utility director of the party 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 7 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. 8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year set forth above: TOWN OF JUPITER ISLAND, FLORIDA, ATTEST: C �hJ`�`� a pp I ifs � t � d 1�V�p/1/� Towt By (Town Clerk) o SaL .0 MAYOR MARTIN COU 'VI LAGE OF TEQUESTA, FLORIDA, AT EST: / o PGE fly, G y GO Rp �`' �`; (Village Clerk) �¢ . /MAGR CD 4°09�� 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. ,_,z Mtetcaaac 5 a1 9 1 i EXHIBIT B As referenced in Section 2.4., Payment of Prevailing Water Charges 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. lwv �iA �, �F E E TA WATER STEP RATES /CHARGES EFFECTIVE DATE: OCTOBER 1, 2013 0 - 12,000 GALLONS $2.25 PER THOUSAND GALLONS 0 - 12,000 GALS. 12,001 - 25,000 $3.77 PER THOUSAND GALLONS GALLONS 12 001- 25 000 GALS. 25 - 40,000 $5.13 PER THOUSAND GALLONS GALLON'S 25,001 -- 40 GALS. 41 AND ABOVE $6.58 PER THOUSAND GALLONS 41 & ABOVE MONTHLY SERVICE CHARGE :5 /8" &3/4=$14.151"= $35.3411/2 - X70085 FIRE PROTECTION CHARGE: $1.09 UTILITY TAX: TEQUESTA 9% PBCOUNTYIMARTIN COUNTY: 25 Meter Size Maximum Flow Per Gallon Per Minute (GPM) 518" 20 GPM 3 /4 :f 30 GPM 1" 50 GPM 100 GPM FIELD TECHNICIAN SECOND VISIT TO CHECK METER $20.57 TURN- ON/TURN OFF AT CUSTOMERS' REQUEST (ALSO SEASONAL CUSTOMERS) $20.57 METER TESTING FOR MALFUNCTIONS 5/8" AND %1 $61.75 WATER SHUT-OFF DUE TO NON - PAYMENT CHARGES TEQUESTA $56.62 P.B.C./MARTIN COUNTY $70.77 S , Vfllage of Tequesta 345 Tequesta Drive,Tequesta R. 33469 Phone #561 -768 -0700 Fax #561 - 768 -0699 WAFER RATES RESIDENT AL SERVICE Applicable for water service to single family customers or multi- family customers where the water is individually metered. Rates — Monthly Effec&e October 1, 2013 Vase Facility charge Metar Size: 518" x 3XI $19.51 1" 48.78 97.53 2" 156.08 Over 2" $19.51 (times the number of ERCs of demand as determined by the Utility consulting Engineer) CommoftChm Per 1,000 Mons: 1 to 3,000 gala $0.88 3,001 to 10,000 gals. 2.06 10,001 to 20,000 gals. 3.09 20,001 to 40,000 gala 412 40,001 gals. and above 5.15 ] Pursuaat to Rasobtion No. 573 adopted September 20,2M7, commality chargos may be adjusted fYom time to time to reflect a weer use rosbiotton surcharge rata adjustment that may be impiemodted In response to pawl water tux testtiotionts Impomd by the South Rod& Water Manage mwAMitrid (SFWMD).