Amendment to Interlocal Beaches Agreement-Eff OutfallNov 1G 01 04:53p
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AMENDMENT TO INTERLOCAL AGREEMENT CREATING DUVAL
BEACHES REGIONAL SEWER UTILITY DATED AUGUST 16, 1984
This Amendment to the August 16, 1984 Interlocal Agreement creating Duval
Beaches Regional Sewer Utility, made this 26 day of June , 2000 by and between
the City of Atlantic Beach, the City of Jacksonville Beach and the City of Neptune Beach,
all of the State of Florida:
WITNESSETH:
Whereas, the parties hereto wish to amend the August 16, 1984 Interlocal
Agreement creating the Duval Beaches Regional Sewer Utility; and
Whereas, the parties have determined that it is necessaryto amend the Interlocal
Agreement to reflect changes to the parties' respective plant capacity (MGD) and, therefore,
to reflect changes to the proration between the parties of capital and repair expenses
relating to the combined beaches outfall section [segment no. (v) - Atlantic Beach tie-in to
St. Johns River discharge]; and
Whereas, any such changes to the Interlocal Agreement must be done by written
amendment signed by the parties; and
Whereas, the parties have determined that such an amendment is necessary to
properly reflect the parties' respective plant capacity and pro rata share of capital and
maintenance expenses;
Now, Therefore, in consideration of the mutual covenants and agreements
herein contained, and contained in the Interlocal Agreement, it is agreed by the parties as
follows:
1. Section 6.02 - Capital Cost Allocations - (ii) Shared Segments -
segment (iv) Neptune Beach tie-in to Jacksonville Beach tie-in pertaining to
the pro rata capital shares (see pages 14-15 of Interlocal Agreement) is
amended as follows:
The pro rata capital shares will be determined as the following
percentages of the capital cost of this portion of the System:
Plant capacity (MGD) Percentages (%)
4.5 75
1.5 25
City of Jacksonville Beach
City of Neptune Beach
Section 6.02
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Capital
ee, -fCapital Cost Allocations. The initial capital cost allocations
to the three parties to the Agreement will be based upon the initial reserved capacity
allocations. The capital costs to be prorated will consist of:'
(a) Construction cost based upon the bid amounts.
(b) Planning costs (engineering, financial, and technical).
(c) Right-of-way and easements costs.
Any deviation of estimated costs from actual costs will be prorated appropriately and
reimbursements or additional payments will be executed in a timely manner.
The line segments distinguished by usage are as follows:
Individually Used Segments.
Segment 1 (i). Jacksonville Beach to Neptune Beach tie-in.
Segment 1 (ii). Neptune Beach to Atlantic Beach tie-in.
Segment 1 (iii). Atlantic Beach to Atlantic Beach tie-in.
Shared Segments.
Segment # (iv). Neptune Beach tie-in to Atlantic Beach tie-in.
Segment 1 (v). Atlantic Beach tie-in to the point of St. Johns River
discharge.
(i) Individually Used Segments.
Each party will be solely responsible for the design, construction, and
costs for their individually used segments (i.e., the segments from their effluent pumping
stations to the points of tie-in with shared segments of the line).
(ii) Shared Segments.
Segment #(iv) - Neptune Beach Tie-in to Jacksonville Beach Tie-in.
The City of Jacksonville ,Beach will be responsible for the timely design,
construction, and placing in service of the portion of the System consisting of the
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transmission line from the point of tie-in by the City of Neptune Beach to the point of
tie-in with that portion of the System shared by the three parties. The Cities of
Jacksonville Beach and Neptune Beach will be responsible for their pro rata shares of
capital costs based upon the initial capacity allocations as specified below. Each party
will establish an appropriately and fully funded escrow account in.the amount of its pro
rata local share of capital costs prior to the letting of bids. During construction,
Jacksonville Beach will draw down these escrow accounts based upon the pro rata capital
percentages specified below, contractor's invoices, other legitimate capital costs as
specified herein, and reflecting State funding participation, if applicable. The City of
Neptune Beach will have the right to review and accept design drawings, specifications,
and change orders in excess of 5% of the total capital cost for this portion of the System.
The pro rata capital shares will be determined as the following percentages of
the capital cost of this portion of the System:
City of Jacksonville Beach - (4,688/5,626) times 100 = 83.33%
City of Neptune Beach - (938/5,626) times 100 = 16.67%
In the event of State participation in the funding of this portion of the System,
the two parties will cooperate in a timely manner in the development and submission of
all appropriate documentation required to receive proper reimbursements from the State.
Segment ii (v) - Atlantic Beach Tie-in to St. Johns River Discharge.
The City of Atlantic Beach will be responsible for the timely design,
construction, and placing in service of the portion of the System consisting of the
transmission line from the City of Atlantic Beach point of tie-in to the point of St. Johns
River discharge. Each of the three parties will be responsible for its pro rata share of
capital costs based upon the initial capacity reservations and as specified below. The pro
rata local share of capital costs of the City of Atlantic Beach will be funded by a State
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Bond Loan. . The Cities of Jacksonville Beach and Neptune Beach will establish
appropriately and fully funded escrow accounts in the amount of their pro rata local
shares of capita] costs prior to the letting of bids. During construction, the City of
Atlantic Beach will proportionately draw down these accounts and the State Bond Loan
principal based upon the pro rata capital percentages as specified below, Contractor's
invoices, other legitimate capital costs as specified herein, and appropriately reflecting
State funding participation. The Cities of Jacksonville Beach and Neptune Beach will
have the right to review and accept design drawings, specifications, and change orders in
excess of 5% of the total capital cost for this portion of the System.
The pro rata capital shares will be determined as the following percentages of
the capital cost of this portion of the System:
City of Atlantic Beach - (2,778/8,404) times 100 = 33.06%
City of Jacksonville Beach - (4,688/8404) times 100 = 55.78%
City of Neptune Beach - (938//8,404) times 100 = 11.16%
In the event of State participation in the funding of this portion of the System,
the three parties will cooperate as appropriate, and in a timely manner in the
development and submission of all appropriate documentation required to receive proper
reimbursements from the State.
(iii) Future Changes in Reserved Capacity Allocations.
The capital cost adjustments associated with any changes in initial capacity
reservation, or subsequent increases thereof will be as follows:
(a) Sale of a Portion of Capacity Reservation.
The capital cost and terms thereof for any sale of initial reserved
capacity, or a subsequent increase thereof, in a shared portion of the System among the
parties to the Agreement will be by negotiation of the parties involved in the transaction
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