Interlocal Service Agreement with JEA v -;; CITY OF
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800 SEMINOLE ROAD
--- ATLANTIC BEACH,FLORIDA 32233-5445
TELEPHONE(904)247-5800
.0t FAX(904)247-5805
SUNCOM 852-5800
May 7, 1998
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MEMORANDUM
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TO: Alan Jensen
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FROM: Jim Jarboe
SUBJECT: Village of Mayport - Interlocal Service Agreement with JEA
Attached is the above referenced agreement along with a letter from Scott Kelly
indicating the changes JEA made.
Prior to signing this agreement I would appreciate your looking over this final version to
make sure you concur with the language.
Thank you for this assistance.
Copy to: Maureen King, City Clerk-
JACKSONVILLE ELECTRIC AUTHORITY
2514 NORTH PEARL STREET • JACKSONVILLE, FL 32206-3520
POWER 7D SERVE'
May 4, 1998
Mr. Jim Jarboe
City Manager
800 Seminole Road
Atlantic Beach, Florida 32233-5445
Subject: Village of Mayport- Interlocal Service Agreement
Dear Jim:
Enclosed herewith are four(4) executed copies of the proposed agreement between the
City of Atlantic Beach and the Jacksonville Electric Authority. This agreement is
identical to the previously executed copy that you sent me last month with two
exceptions. In Section 7.B the word"their"was changed to "its"to be more
grammatically correct and the mutual termination provision was deleted.
If these changes meet with your approval please execute the agreement and return one of
the copies for the JEA files .
Thank you for assisting in this matter.
Sincerely,
Kit)
colt D. Kelly, P.By.
Vice President
Collection& Distribution
Enclosure
cc: Cheryl Revell, Staff Assistant
AGREEMENT BETWEEN
THE CITY OF ATLANTIC BEACH, FLORIDA
AND
JACKSONVILLE ELECTRIC AUTHORITY
THIS AGREEMENT, entered into in duplicate this day of
199 , by and between THE CITY OF ATLANTIC BEACH, FLORIDA, a municipal corporation
(hereinafter referred to as the "City") and JACKSONVILLE ELECTRIC AUTHORITY, a body
politic and corporate located in Jacksonville, Florida, (hereinafter referred to as"JEA"),
WITNESSETH:
WHEREAS, residents and businesses located in the Village of Mayport, Florida
("Mayport") need use of sewage treatment and disposal facilities; and _
WHEREAS, the parties hereto desire to provide a method for said residents and businesses
at Mayport to have such use of sewage treatment and disposal facilities in the manner and under
terms and conditions specified herein; and
WHEREAS, the lack of sewer service is a limiting factor in the economic redevelopment
of Mayport; and
WHEREAS, the Atlantic Beach Buccaneer Wastewater Treatment Plant ("Treatment Plant")
capacity exceeds the current usage in an amount sufficient to provide treatment capacity for
Mayport; and
WHEREAS, this Agreement may establish the basis for future alliances beneficial to both
the City and JEA, in areas such as, but not limited to, Customer Service and Purchasing; and
WHEREAS, it is the intent of this Agreement to provide an efficient, environmentally
sound means of planning, designing, constructing and operating a sewer gravity collection system
and a sewage force main from a pumping facility constructed within the service area of JEA to
connect to a portion of the collection system of the City for eventual treatment in the Treatment
Plant; now, therefore
IN CONSIDERATION for the mutual covenants herein contained and for other good and
valuable consideration, the parties agree as follows:
1. Incorporation of Recitals. The above stated recitals are true and correct and, by
this reference, are incorporated herein and made a part hereof.
2. Construction of Sewage System/Cooperation.
(a) JEA, at its own cost and expense, shall design and construct a sewer gravity
collection system and a sewage force main along the right of way of State Road AlA, to transport
sewage from its pumping station in Mayport to the City's Treatment Plant. Said gravity sewer
collection system, sewage force main and pumping station, constructed by JEA for the purpose
of transporting sewage from Mayport to the City's Treatment Plant, shall be hereinafter
collectively referred to as the "JEA Facilities."
(b) The parties, jointly and severally, agree to take every reasonable step to
assist each other in obtaining permits, access, and other necessary items as may be needed, from
time to time, in the design, construction and operation of the JEA Facilities.
3. Acceptance of Sewage/Capacity.
(a) The City agrees to accept said sewage from the JEA Facilities once the
connection of those JEA Facilities to the City's sewage system is approved by the City's Public
Works Director or his designee.
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(b) JEA reserves the right to discontinue use of the City's Treatment Plant at
any time in the future by giving the City 180 days advance written notice.
4. Industrial Pretreatment. JEA shall ensure that all users generating industrial
waste in Mayport, which waste will be delivered to the City's Treatment Plant, by the JEA
Facilities, will have an approved industrial pretreatment program in place prior to connecting to
those JEA Facilities that deliver sewage to the City's Treatment Plant. Said industrial
pretreatment program shall conform to the requirements specified in Exhibit A attached hereto
and, by this reference, made a part hereof.
5. Payment of Impact Fee Charges. Before being allowed to deliver sewage from
the JEA Facilities to the City's Treatment Plant, JEA must pay all required impact fee charges
directly to the City. The City's City Manager will determine the classification for each business
to be charged an impact fee when it is not defined by Chapter 22 of the Atlantic Beach City Code,
as indicated in Exhibit B attached hereto and by reference made a part hereof. JEA shall not allow
connection of any user in Mayport to said JEA Facilities delivering sewage to the City's Treatment
Plant until such impact fees are paid by JEA to the City.
6. Connection Point/Operation. The connection point at which the JEA Facilities
will be connected to the City's sewage utilities system is indicated in Exhibit C, attached hereto
and by this reference, made a part hereof. JEA shall provide all operation, maintenance,
metering, and meter reading with respect to the JEA Facilities and system, located in Mayport or
otherwise on JEA's side of said connection point. The City shall provide all operation and
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maintenance on its facilities on the City's side of said connection point, except for damage caused
by the JEA facilities.
7. Fees and Reimbursements.
(a) As used in this Section 7, the term "Water Usage" means usage of all water
provided to JEA sewer users in Mayport, regardless of the source of said water, which water will
be discharged into the JEA Facilities and ultimately delivered to the City's Treatment Plant.
(b) In return for the City's acceptance of sewage from the JEA Facilities, JEA
shall pay, to the City, a monthly usage fee not to exceed $3.90 per 1000 gallons of Water Usage
by JEA's sewer users in Mayport unless the rates are changed by the City's Governing Body as
required by law. JEA shall also pay, to the City, a monthly base fee for each of its customers,
regardless of the amount of Water Usage by JEA's sewer users in Mayport, as required by
Chapter 22 of the Atlantic Beach City Code as indicated in Exhibit D attached hereto and by this
reference, made a part hereof. All such Water Usage, by JEA's sewer users in Mayport, shall
be metered by JEA and JEA shall submit certified statements of such Water Usage, to the City,
on a monthly basis.
(c) In return for JEA's performing metering, meter reading, customer service,
operation and maintenance of the JEA Facilities, the City agrees to reimburse JEA in the amount
of 20% of the cost per 1000 gallons of Water Usage. The rate per 1000 gallons may change based
upon an annual review by JEA; provided, however, this rate will not, at any time, exceed 20%
of the monthly water usage fee paid by JEA to the City.
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(d) Each party agrees to pay all fees, rates and reimbursements within thirty
(30) days of receipt of a bill from the City. Failure of either party to pay a fee or to make a
reimbursement within said time frame shall result in a late charge of 1.5% of overdue payments
or reimbursements for each thirty (30) day period, or part hereof, that the payment or
reimbursement is late.
8. Fines. If any fines or other monetary penalties are imposed upon one party based
upon its ownership and operation of its collection system as a result of a violation of this
Agreement by the other party, such violating party shall indemnify and reimburse the nonviolating
party for the amount therefor and any costs, including reasonable attorney's fees, related thereto,
provided that the nonviolating party shall have notified such violating party immediately upon
learning of any investigation or proceeding which might result in such fines or penalties and allow
such violating party to join in the defense thereof at its cost and expense.
9. Indemnification. Subject to the provisions and limitations of Section 768.28,
Florida Statutes, each party hereto shall indemnify, hold harmless and defend the other party
hereto from and against any claim, action, loss, damage, injury, liability, cost and expense of
whatsoever kind or nature (including, but not by way of limitation, attorneys fees and court costs)
arising out of injury (whether mental or corporeal) to persons, including death or damage to
property, arising out of or incidental to any negligent act or omission of the indemnifying party
in the operation and maintenance of sewer collection and transmission systems and facilities, under
this Agreement.
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10. Force Majeure. The performance by the parties of this Agreement is subject to
Force Majeure and is contingent upon strikes, accidents, acts of God, flood, regulations or
restrictions imposed by any government agency, breakdown of the collection system, or other
delays beyond the parties' control,provided, however that nothing in this Section shall be deemed
or construed to supersede or suspend payment obligations hereunder.
11. Severability. Should any provision hereof for any reason be held illegal or invalid,
no other provision of this Agreement shall be affected; and this Agreement shall then be construed
and enforced as if such illegal or invalid provision had not been contained herein.
12. Headings. The headings in this Agreement are solely for convenience and shall
have no effect on the legal interpretation of any provision hereof.
13. Waiver. The failure of any party to insist upon strict performance of this
Agreement or of any of the terms or conditions hereof shall not be construed as a waiver of any
of its rights hereunder.
14. Notice. Each notice when required hereunder shall be deemed to have been given
when mailed by U.S. Postal Service certified mail, postage prepaid; addressed as follows:
(a) City of Atlantic Beach, 800 Seminole Road, Atlantic Beach, FL 32233
Attention: City Manager
(b) Jacksonville Electric Authority, 21 West Church Street, Jacksonville, FL
32202-3139
Attention: Executive Vice President, Delivery Business Unit
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15. Attachments and Exhibits. All exhibits, attachments, appendices and schedules
which may, from time to time, be referred to in this Agreement or in any duly executed
amendment hereto are by such reference incorporated herein and shall be deemed a part of this
Agreement as fully as if set forth herein. The Exhibits attached hereto to the extent not completed
at the time of execution hereof, shall confirm substantially to the description thereof contained on
each Exhibit page and may be supplied by the parties.
16. Rights and Obligations Not Transferable. Except as provided in this Agreement,
the rights and obligations of the parties hereunder are not assignable and may not be transferred
without the prior written consent of the other party hereto, which will not be unreasonably
withheld.
17. Effective Date of Agreement. This Agreement shall become effective upon
execution by both parties, by and through their respective authorized representatives, pursuant to
such procedural requirements as are applicable to each of the respective parties.
18. Term. The term of this Agreement shall be from its effective date and continuing
for a period not less than the useful life of the parties' facilities, subject to this Agreement, and
any additions, alterations or modifications thereto.
19. Governing Law. This Agreement shall be governed in all respects by the laws of
the State of Florida.
20. Negotiated Agreement. The parties agree that they have had meaningful
discussion and/or negotiation of the provisions, terms and conditions contained in this Agreement.
Therefore doubtful or ambiguous provisions, if any, contained in this Agreement shall not be
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construed against the party who physically prepared this Agreement. The rule commonly referred
to as "Fortius Contra Proferentum"shall not be applied to this Agreement or any interpretation
thereof.
21. Entire Agreement. This Agreement constitutes the entire agreement by and
between the parties hereto. No statement, representation, writing, understanding, or agreement
made by either party, or any representative of either party, which are not expressed herein shall
be binding. All modifications of, changes, alterations, revisions, or amendments to this
Agreement, or to any of the terms, provisions and conditions hereof, shall be binding only when
in writing and signed by the authorized representative of each of the parties hereto.
22. Successors and Assigns/Assignment. This Agreement shall inure to be benefit of
and shall be binding upon the successors and assigns of the parties; provided however, that this
Agreement and any portion thereof shall not be transferred, sold or assigned by one party without
the prior written consent of the other party, which consent shall not be unreasonably withheld.
[The remainder of this page has been left blank intentionally.]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
under their respective seals by their officers hereunto duly authorized as of the date first above
written.
CITY OF ATLANTIC BEACH
Attest: By:
City Clerk Mayor
By:
City Attorney City Manager
JACKSONVILLE ELECTRIC AUTHORITY
Attest: Z4. �cGCBy• L L. _I1/
Signature Walter P. Bussells
��y� % %// Managing Director and
• T /Print Naine / Chief Executive Officer
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Title
I hereby certify that the expenditure contemplated by the foregoing contract has been duly
authorized, and provision has been made for the payment of the monies provided therein to be
paid.
q(22I4e
Jo L wo
Cot ller (0
Jacksonville Electric Authority
< ` v Approved:
_/-12.4(A 4 I fA,!i!ill
istant General Counsel i
4/14/98 nwmca,jr/jh G:\SHARED\NEILLM\CONTRACT\ATLBEACH.FIN
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