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HomeMy WebLinkAbout2000-326INTERLOCAL AGREEMENT fj© 3a* BETWEEN THE CITY OF FELLSMERE AND INDIAN RIVER COUNTY, FLORIDA FOR THE PROVISION OF EMERGENCY WATER SUPPLY SERVICES THIS AGREEMENT entered into this 24th day of 0 c t o b e r 2000 by and between the CITY OF FELLSMERE, a municipality organized under the laws of the State of Florida, hereinafter referred to as "CITY", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY". 1.I M►Is � y a WHEREAS, the City currently does not have an emergency backup water supply source during a possible CITY water treatment or supply failure; and WHEREAS, the COUNTY has sufficient capacity to provide emergency water service to the CITY; and WHEREAS, the COUNTY has an adequately sized water transmission main located suitably close to the CITY water system; and WHEREAS, the CITY has applied for financial assistance to cover the costs of the construction of this system interconnection; and WHEREAS, the CITY and COUNTY both wish to protect the environment, provide emergency water service for the public health and attain an economically efficient and effective utilization of facilities; NOW, THEREFORE, pursuant to Chapter 163 of the Florida Statutes and in accordance with Chapter 201 of the Indian River County Code, the parties do hereby enter into this Agreement for the purposes set forth herein as follows: Purpose The purpose of this Agreement is to provide the City of Fellsmere with one way transmission of water from the COUNTY'S system to the CITY'S system during the times of emergencies in accordance with the Department of Environmental Protection (DEP) regulations and other governing regulations. Emergencies shall include, but are not limited to, power failure, mechanical failure, water main breakage, fire demand, scheduled maintenance, and construction disruption, but will not include long term usage that cannot be interrupted due to lack of the CITY'S capacity reserve or the CTT f'S inability to meet regulatory water quality standards at the CITY'S facility. 2. Establishment of Function A. Ownership and Operation. The parties acknowledge that the CITY will own and be responsible for the construction, operation and maintenance of the transmission facility, necessary to interconnect with the COUNTY, as it is shown in Exhibit 1. I C:\WINDOWS\DesktopWy BriefcaseTellsmere Interlocal Agreement.doc B. Meter. The CITY will install, at its own cost, a metering facility approved by the COUNTY at the point of interconnection. C. Connection Charges. The COUNTY agrees to waive all connection fees provided the primary purpose of the Agreement is maintained. Should, at anytime in the future, the CITY wish to receive service beyond the purpose of the Agreement, the CITY shall pay to the COUNTY, all applicable charges as per Resolution 99-58 or as amended. D. Meter Calibration. The CITY will own and be responsible for the maintenance and calibration of the meter(s) installed at the point of interconnection. An outside contractor certified for calibration of flow instrumentation shall perform the calibration. Annual calibration records will be submitted to the COUNTY for review to ensure billing accuracy. E. Billing. The COUNTY will invoice the CITY for monthly water usage as set forth in the Indian River County Schedule of Water and Sewer Rates for Bulk Water Service. The bulk flow charge based upon the meter reading, as read by the COUNTY will be charged to the CITY. All costs to be recovered will be charged per Indian River County Code and related provisions. The bulk water rate shall not be modified without justification, and shall remain proportional to the retail water rates in the COUNTY Schedule of Water and Sewer Rates for Bulk Water Service. Since this service is standby emergency service only, a commodity (gallonage) charge will be billed. There shall be no capacity charge or minimum bill, nor will the COUNTY charge any non -commodity charges normally charged to retail customers. In the event of meter failure, the CITY will expedite repairs and the COUNTY will estimate the usage and bill according to best available information, which may exceed the CITY'S estimate. It is therefore in the CITY'S interest to ensure prompt repair of all metering equipment. F. Maintenance of System. The CITY will maintain all CITY -installed transmission systems in reliable condition, as required by the Florida Department of Environmental Protection, and accepted utility practices. G. Maximum Consumption. The Maximum demand on the COUNTY system is estimated to be 200,000 gallons per day. H. Water Quality. The water quality delivered by the COUNTY at the point of interconnection will meet all regulatory standards as required by law. The CITY shall be responsible for ensuring water quality, including Chlorine residual, beyond the point of interconnection. 3. Operating the Interconnection The CITY shall notify the operator of the COUNTY'S water treatment plant of any emergency and the COUNTY'S operator shall be responsible for having a COUNTY representative at the interconnection site within the hour of notification of need for joint operation of the interconnection. Discontinuance shall occur in the same fashion. C:\WINDOWS\Desktop\My BriefcaseTellsmere Interlocal Agreemem.doc 4. Termination Either party may terminate this Agreement by providing at least ninety (90) days written notice to the other party as follows: To the County: To the City: County Administrator Mayor — City of Fellsmere 1840 25" Street 22 South Cypress Street Vero Beach, FL 32960 Fellsmere, FL 32948 5. Release The CITY hereby releases, holds harmless, agrees to defend, and, to the extent permitted by law, agrees to indemnify, the COUNTY and the COUNTY'S officers, employees, and agents, from and against any and all claims, causes of action, including those brought by third parties, liability, and judgments, arising out of the COUNTY'S performance or failure to perform this agreement. 6. Miscellaneous This Agreement may not be amended except upon written consent of the CITY and COUNTY. 7. Filin¢ Upon execution of this Agreement, it shall be recorded with the Clerk of the Circuit Court of Indian River County. This Agreement shall be effective upon execution by the second of the two parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers the day and year first above written. CITY OF FELLSMERE, FLORIDA BOARD OF COUNTY COMUSSIONERS INDIAN RIVER COUNTY, FLORIDA I Ebert C. Baker, Mayor Fran B. Adams, Chairman A ES eborah C. Krages, City Clerk City of Fellsmere, Florida Dain:: ATTEST: Je rc}�on, Clerk Indian River County, Florida Date: /U---�'4-. e>" -o J (':It} 1N1D0WSTt)eskiop\My BriefenseTclismere Interlocal AgreerneW.doc