Interlocal Agreement Creating Duval Beaches Regional Sewer Utility 06-26-00 v 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 necessary to 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 Sea ments -
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 (%)
City of Jacksonville Beach 4.5 75
City of Neptune Beach 1 .5 25
2. Section 6.02 - Capital Cost Allocations - (ii) Shared Segments - segment (v)
Atlantic Beach tie-in to St. Johns River discharge pertaining to the pro rata capital
shares (see page 16 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 (%)
City of Atlantic Beach 3.0 33.33
City of Jacksonville Beach 4.5 50.00
City of Neptune Beach 1.5 16.67
Attest: CITY OF ATLANTIC BEACH
1\11
Maureen King, City Clerk Jo es-rve, Mayor
Attest: ITYOF.JACKSONVILLE BEACH
4611e)‘- tIL-C'er
ltt —off '
Print name: ,c C�y-
�� Print name: a..
City Clerk Mayor
Attest: CITY OF NEPTUNE BEACH
el,f)0 Utlik
Lisa Volpe, City Clerk Geo F. V ghn, Jr. 4- r
2
I
S. ,
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INTERLOCAL AGREEMENT
CREATING THE
DUVAL BEACHES REGIONAL SEWER UTILITY
THIS INTERLOCAL AGREEMENT, made this. 16th day of August ,
1984, by And between the-CiI`Y"OF ATLANTIC-'B'EACH, THE CITY OF JACKSONVILLE
BEACH, AND THE CITY OF NEPTUNE BEACH, all of the State of Florida;
WITNESSETH :
WHEREAS, the parties hereto share a common need for additonal sewage
treatment and disposal facilities to serve their existing and projected populations; and
WHEREAS, the parties have determined that the most practical, economical
and efficient method of providing sewage treatment and disposal facilities for the service
areas described herein is to plan and provide for such facilities on a joint, regional; and
WHEREAS, the parties hereto intend to join together in this Agreement for
the joint exercise of common powers pursuant to Chapter 163, Part I, Florida Statutes
(179) (the Florida Interlocal Cooperation Act of 1969);
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, it is agreed by the parties as follows:
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ARTICLE I
DEFINITIONS
As used herein, the following terms shall have the following meanings unless
the context clearly requires otherwise:. All terms which denote the singular number shall
include the plural number and vice-versa, and all terms which denote persons shall include
natural persons, firms, associations, corporations and public bodies.
"Atlantic Beach" shall mean the City of Atlantic Beach, Florida, a municipal
corporation.
"Capital Charges" shall mean the capital charges based upon debt service on
the Sewer Revenue Bonds to be issued by Jacksonville Beach and allocated as provided for
in Sections 7.04 and 10.04 hereof.
"Collection Systems" shall mean the sewer systems within the service area of
each Municipality (whether owned by the Municipality or a private company) which
discharge Sewage into the Regional System, consisting of collection sewers, internal local
pumping stations, and other sewer facilities used in the collection and treatment of
Sewage or the transmission thereof to the Regional System at the Connection Points all as
described in Exhibit A attached hereto.
"Connection Points" shall mean the several locations at which the effluent
pumping facilities are to be connected to the Regional System.
"Consulting Engineer" shall mean, in respect of any Municipality,-an engineer
or-engineering firm having experience and of favorable repute in the field of sanitary
engineering and hired by the Municipality with whom the engineer consults. -
"Construction Plan" shall mean the time schedule required to construct the
Project as provided for in Exhibit C.
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"DER" shall-mean the Departmentof•Environmental Regulation of the State of
Florida or its successor;
"Domestic Sewage" shall mean the normal water-carried household and toilet
waste from residences, commercial establishments, institutions, industries, and other
users of the Regional System.
"Duval County" shall mean Duval County, Florida, a political subdivision of the
State.
"EPA" shall mean the United States Environmental Protection Agency or its
successor.
"Facilities Plan" shall mean the plan approved by the Parties and developed in
accordance with the Federal Act and the Regulations.
"Federal Act" shall mean the Federal Water Pollution Control Act as amended
and contained in the Clean Water Act of 1977 (Pub.L. 95-217), as amended from time to
time.
"Final Net Project Cost Estimates" shall mean the costs referred to in Section
6.01 hereof.
'"Fiscal Year" shall mean the twelve-month period beginning on October 1 and
ending the following September 30, or such other period as may at the time be prescribed
by law.
"Industrial Waste" shall mean any water carried solid, liquid; or-gaseous
substance - any form of energy ejected, escaping, or discharged in the course of any
industrial, manufacturing, trade, or business process or in the course of the development,
recovery, or processing of natural resources, as distinct from Domestic Sewage.
"Jacksonville- Beach" shall mean the City of Jacksonville Beach, Florida, a
municipal corporation.
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"Metering Station"-shall• mean a' facility for the accurate measurement of the
volume of Sewage flow from the Municipalities' effluent pumping facilities. In
accordance with sound engineering principles, Metering Stations will be located at the
Party's effluent pumping facility.
"Municipalities" shall mean Atlantic Beach and/or Jacksonville Beach.
"Neptune Beach" shall mean the City of Neptune Beach, Florida, a municipal
corporation.
"Net Project Cost".shall mean Project Costs less grants.
"Operating Expenses" shall mean the total, for the fiscal period in question, of
the costs .and-.expenses. of ..operating_ .the Regional System, necessarily incurred in
connection with the operations, administration and maintenance of such facilities and
properly chargeable thereto under generally accepted accounting principles applied on a
consistent basis. Without limiting the generality of the foregoing such costs and expenses
shall include: salaries and wages of operating and supervisory personnel, chemicals,
power, taxes, insurance premiums, supplies, and fees and expenses for engineering, legal
and accounting services.
"Party" or- "Parties"-shall mean Atlantic Beach, Jacksonville Beach, and
Neptune Beach.
"Project" shall mean the planning,-design,-financing, and construction of the---
Regional System in accordance with plans and specifications prepared by the Engineers,
and the acquisition of necessary lands, rights-of-way, easements, or other entitlements.
LKL-08/13/84-300D -4
"Project Costs" shall mean, in additiorr•to the items set forth in the plans and
specifications prepared by the Engineers: the cost of acquisition of any lands or interest
therein or any other properties deemed .necessary or convenient for the Project;
engineering,legal, accounting, financial, and printing expense; expenses for estimates of
costs and of revenues; expenses for plans, specifications and surveys; fees or fiscal agents,
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financial advisors or consultants; administrative expenses relating solely to the
construction and acquisition of the Project; reimbursement to the Parties for any sums
heretofore expended for the foregoing purposes; extraordinary repairs, and renewal or
replacement; and financing expenses in connection with any temporary financing for the
Project issued in anticipation of receipt of grant payments or Sewer Revenue Bond
proceeds; and such other costs and expenses as may be necessary or incidental to the
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planning, designing, constructing, equipping, and financing of the Project.
"Project Report" shall mean the report referred to in Section 4.02 hereof.
"Regional Costs" shall mean the costs incurred for the post-step I planning,
design and financing of the Regional System including, but not limited to: the cost of
acquisition of any lands or interest therein or any other properties deemed necessary or
convenient. therefor; engineering, legal, accounting, financial, and printing expenses;
expenses for estimates of costs and of revenues; expenses for plans, specifications and
surveys; fees of fiscal agents, financial advisors or consultants; administrative expenses
relating solely to the construction and acquisition thereof; reimbursement for-any sums
heretofore expended for the foregoing purposes; and such other costs and expenses as may
be necessary or incidental to the planning, designing, constructing, equipping, and
financing of such post-Step I undertakings.
"Regional System" shall mean the effluent outfall and disposal facilities,
tccPther with all lands, rights-of-way, easements, and other entitlements necessary for
LKL-08/13/84-300D -5
the construction- or use--thereof, including, without limiting--the generality of the
foregoing: all pipes, valves, meters, and other machinery and equipment appurtenant or
incidental thereto or necessary therefor, and all other facilities necessary or desirable for
the efficient and economical transmission, and disposal of effluent emanating from the
Service Area and flowing into the Outfall, all as described in Exhibit A.
"Regulations" shall mean all applicable federal and State laws and regulations
promulgated from time to time.
"Service Area" shall mean that area in Duval County, Florida, bounded on the
east by the Atlantic Ocean, on the west by Intracoastal Waterway, on the north by the St.
John's River, and on the south by the boundary line between Duval County, Florida, and
St. John's County,Florida, as shown on Exhibit B attached hereto.
"Sewage" shall mean Domestic Sewage and Industrial Waste.
"State" shall mean the State of Florida.
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ARTICLE-11'
GENERAL AGREEMENT
Section 2.01 Scope and Purpose of Agreement. It is the purpose and
intent of this Agreement to provide an -efficient, environmentally sound means of
planning, designing, constructing, and operating the Regional System for the benefit of
the residents of the Service Area on a regional basis and to provide a framework for the
financing of the Regional System and the apportioning of costs associated with its
planning, construction and operation.
Section 2.02 Authorizations. Each Party represents and warrants that it
has duly authorized the execution and delivery of this Agreement by all necessary legal
action and agrees to take all further action reasonably required of it hereunder in a timely
manner to the end that the design, construction, financing and operation of the Regional
System may be accomplished expeditiously.
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ARTICLE"III
REGIONAL SYSTEM PLAN
Section 3.01 Cooperation. The Parties, jointly and separately, agree to
take every reasonable step to assist each other in obtaining from federal,state and other
agencies such grant monies as may from time to time be available for the planning,
design, construction, and operation of the Regional System. Each Party agrees to •
cooperate with the others in applying for such grants.
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ARTICLE IV
REGIONAL SYSTEM DESIGN
Section 4.01 Plans and Specifications. The Municipalities and their
Engineers shall complete plans and specifications for the Regional System in accordance
with Exhibit D attached hereto and made a part hereof. Design efforts shall be
accomplished with reasonable dispatch, all in accordance with sound engineering practices
and with relevant requirements of all agencies having jurisdiction in the matter.
Section 4.02 Project Report. Upon completion of design and any ancillary
steps thereto required to be taken by each of the Parties, but prior to advertising for bids
for construction of the Regional System, the Municipalities shall, with the aid of their
Engineers, prepare and submit to all the Parties the Project Report on the Regional '
System setting forth: (a) The scope of the Project as contained in the final plans and
specifications; and (b) The estimated Project Costs and the estimated amount of grants
and other monies, if any, reimburseable therefor.
Section 4.03 Municipality Project Report Approvals. Each Party agrees
that it will consider the Project Report in good faith and within 60 days of its receipt,
notify the Municipalities whether it approves or disapproves the Project Report.
If any Party intends to disapprove the Project Report, it shall notify the
Municipalities, and the Municipalities and their Engineers shall consider suggested
modifications or.initiate such modifications, acceptable to State and federal authorities
and the Municipalities, as will make the Project feasible. When all the Parties shall have
approved the Project Report, the financing, construction and operation of the Project
shall proceed as hereinafter set forth.
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Such approvals .dor .disapprgvals)_ shall be given not later than sixty_ (60) days
after receipt of the Project Report;. otherwise-the- Project -Report- shall-be--deemed
approved by the Parties.
Section 4.04 Approval of Net Estimated Costs. Approval of the Project
-
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Report shall be deemed approval of the estimated Net Project Costs.
Section 4.05 Financing ,Obligations. If all the Parties shall not approve
the Project Report, or if, for any other reason, the Project shall not be constructed,
Regional Costs incurred by the"Municipalities, including those temporarily financed by the
issuance of bond anticipation notes, to the extent not reimbursed or payablefrom grant
moneys, shall be paid by the Municipalities in the following proportions:
1. Atlantic Beach - 33.06%
2. Jacksonville Beach. - - 55.78%
3. Neptune Beach - 11.16%
The method of funding the respective shares of such payment shall be
determined by the Parties individually, but in any event, each Party agrees that it will
provide funds in a timely fashion to pay its share thereof.
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ARTICLE V
CONSTRUCTION OF REGIONAL SYSTEM
Section 5.01.. Regional System.. ,The Regional System shall be constructed
by the Municipalities in accordance with the Construction Plan.
Section 5.02 Regional System Sites. In accordance with the Construction
Plan the Municipalities shall take such steps as may be required to acquire:
(a) the easements, rights-of-way, or other entitlements required to
construct the regional effluent disposal system; and
(b) easements, rights-of-way or other entitlements required to permit
construction and operation of force mains, interceptors, and each and every other
required facility of the Regional System located within Duval County.
Section 5.03 Construction. Subject to the provisions of Article VI, the
Municipalities shall, in accordance with the Construction Plan, undertake the construction
of the Regional System in accordance with the plans and specifications, the construction
contracts, and all legal requirements, to be completed and placed in operation•for the
benefit of the Municipalities as expeditiously as possible. Each Party hereby grants to the
Municipalities, their contractors, subcontractors, agents, and other representatives, and
their successors and assigns, all easements, rights-of-way and other rights necessary and
desirable in, along, over and under streets, roads, lanes, courts, public squares, alleys, and
highways within its corporate area, in, along, over, or under which the Regional System or
any part thereof will be constructed, together with free ingress, egress, and regress
therein and thereto, for the purpose of constructing, replacing, repairing, altering,
maintaining, and operating the Regional System. The Municipalities shall repair or
restore or cause their contractors to repair or restore such streets, roads, lanes, courts,
nubile squares, alleys, and highways in accordance with the standards of the Parties and
LKL-08/11/84-300D -11-
the Florida Department of Transportation with respect to repair or restoration of
comparably constructed State highways, and shall repair or restore other areas within the
Regional System to-as close to their original condition as possible.
Section 5:04 `' 'General Right of inspection. Each Party agrees that as to any
facilities constructed by each of them under this Agreement, the other Parties and their
agents or representatives, at their sole expense, shall be permitted at all reasonable times
and from time to time during construction and thereafter, to inspect, examine and make
tests regarding all aspects, includingall records of construction, operation and
maintenance, of such facilities.
LKL-08/11/84-300D... .__. -12-
ARTICLE VI
PLAN OF PERMANENT FINANCING
Section 6.01 Advertisement for Construction Bids; Final Net Project Cost
Estimates. Upon approval by the Parties of the Project Report and the final plans and
specifications, after receipt of the Step grant offer, and in compliance with the
Regulations, the Municipalities shall advertise for construction bids. The Municipalities
shall receive the construction bids at the appointed time. Representatives from the
Parties shall be invited to attend.
Upon receipt of acceptable construction bids for the Regional System the
Municipalities shall determine the Final Net Project Cost Estimates based upon a
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determination of the lowest responsible bidder for each of the contracts to be let in
accordance with the Regulations. If such amount does not exceed the estimate approved
by the Municipalities in the Project Report by more than 10%, no further approval of the
Parties shall be required and the Municipalities shall be entitled to proceed, award of
construction contracts, construction and operation of the Regional System, all in
accordance- with this Agreement, provided that the Municipalities shall not have
determined unanimously to discontinue and terminate the Project.
In the event that the Final Net Project Cost Estimates to be financed exceed
by more than 10% the estimates contained in the Project Report, the Municipalities,
before proceeding with the Project, shall first have obtained approvals from each Party.
If such approval shall not have been received from any Party in writing within thirty (30)
days from the date of' the Final Net Project Cost Estimates, such Party's disapproval
thereof shall be assumed.
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Section 6.02 Capital 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 # (i). Jacksonville Beach to Neptune Beach tie-in.
Segment # (ii). Neptune Beach to Atlantic Beach tie-in.
Segment # (iii). Atlantic Beach to Atlantic Beach tie-in.
Shared Segments.
Segment # (iv). Neptune Beach tie-in to Atlantic Beach tie-in.
Segment # (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
LKL-08/11/84-300D - • -14-
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 Beaeh 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 # (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 capital 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
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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
LK L=08/11/84-300D -16-
and with the approval of any .remaining party.._ Such sale will be implemented by
amendment to the Agreement. Such sale of reserved capacity does not alter the then
existing total cumulative reserved capacity.
(b) Increase of the Cumulative Capacity Reservation.
Any .increase in the cumulative initial capacity reservation, or a
subsequent increase thereof, will cause a re-allocation of capacity reservations to the
affected parties to the Agreement. Such re-allocation of capacity reservations gives to
corresponding capital and operating cost impacts. Said capital and operating cost impacts
will be based upon an evaluation as in 2(b), (ii) above by the Consulting Engineer with said
evaluation being approved by all affected parties to the Agreement. The party, or
parties, whose percentage(s) of the increased cumulative reserved capacity is larger than
his percentage of the then existing cumulative reserved capacity will pay a capital and
operating cost compensation to the party, or parties, whose percentage of increased
cumulative reserved capacity decreases; the amount of compensation will be based upon
the above referenced evaluation by the Consulting Engineer. Such increase and re-
allocation of reserved capacities will be implemented by amendment to the Agreement.
.(c) Additional Tie-ins.
The capital cost and possible operating cost adjustments associated with
any additional tie-in to any portions of the System will be by negotiation and based upon
an evaluation as in 2(b), (ii) above by the Consulting Engineer with said evaluation being
approved by all affected parties to the Agreement.
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ARTICLE VII
OPERATION OF REGIONAL SYSTEM
Section 7.01. Acceptance of Wastewater Treatment Effluent Plant. The
Parties covenant and agree that they will:
(a) Accept treated sewage emanating from the Service Area which is
discharged into the Regional System in accordance with the limitations and other terms
and conditions set forth in this Agreement;
(b) Maintain the Regional System or cause it to be maintained in good
repair, order and working condition;
(c) Continuously operate the Regional System or cause it to be operated in
an economical and efficient manner in accordance with the terms and conditions of this
Agreement, subject to temporary interruptions or curtailments of operations for reasons
beyond the control of the Parties and subject to orders of DER, EPA, or other
governmental agencies requiring the Parties to discontinue operation of the outfall
facilities; L_
(d) From time to time, make all necessary and ordinary repairs, renewals,
and replacements of the Regional System and undertake all improvements necessary to
maintain adequate service thereby, the costs of all of which shall be Operating Expenses
hereunder, but this subparagraph shall not authorize expansion of the capacity of the
Regional System.
Section 7.02 Capacity Allocations.
(a) Maximum Initial Reserved Capacity.
The three parties to the Agreement will be allocated maximum
initial capacity reservations as follows:
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City of Atlantic Beach.. .. 2,77.8_GPM
City of Jacksonville Beach 4,688 GPM
City of Neptune Beach 938 GPM.
8,404 GPM
Section 7.03 Future Change in Capacity Allocations.
(i) Sale of a Portion of Capacity Reservation.
Each party will have the right at any time to sell a portion of its then
existing reserved capacity to one of the other two parties with the concurrence of the
third party, or to a combination of the other two parties. Such re-allocation of reserved
capacity will not cause an increase in the total cumulative capacity reservations then
existing. Such a change of capacity reservations will be implemented by amendment to '
the Agreement.
(ii) Increase of Cumulative Capacity Reservation.
Any increase in the cumulative initial capacity reservation of 8,404
GPM, or .any subsequent increase thereof, will be based upon an engineering report by a
Consulting Engineer evaluating the impact of the increase upon each of the three parties.
Such impact will be based upon the adjusted allocation of the then existing capacity
reservations in terms of pumping rates in gallons per minute and the corresponding
financial adjustments as specified in 3.) and 4.) herein. Such report will be commissioned
and funded by the party, or parties, seeking to increase reserved capacity over-the then
existing reservation(s) and will be subject to review and formal approval by the remaining
party or parties. Moreover, any increase in the cumulative initial capacity reservation, or
subsequent cumulative capacity increases, will be made by amendment to the Agreement.
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(iii) Additional Tie-ins..
Any additional tie-ins to any of the five segments (see Section 6.02) of
the. System will be subject to negotiation and written agreement by the three parties
based upon an analysis by a Consulting Engineer of the financial and operational impact of
such tie-in upon the three parties to this Agreement.
Section 7.04 Permit Compliance.
The Parties agree to comply with Chapter 17-6 FAC and DER and
NPDES Permits.
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ARTICLE VIII "
METERS AND CONNECTION POINTS
Section 8.01 Meters..
A recording flow meter and recording pressure gauge of types approved
by all parties will be provided at each effluent pumping station. Each party will be
responsible for the installation, funding, maintenance, and continuous service of the meter
at its effluent pumping station. Each party agrees to share operating records as
appropriate.
Section 8.02 Connection Points.
The Parties hereby approve the location of the Connection Points as
shown on Exhibit C attached hereto. The cost of repairing, maintaining and replacing the
meters and other measuring devices and related facilities initially installed as part of the
Project shall be an Operating Expense of each Party.
Section 8.03 Meter Readings.
Each Party shall maintain complete and accurate records of all Regional
System meter readings and make the same available to the other Parties upon request.
Each Party'shall furnish the other Parties quarterly reports of flow and pressure.
Section 8.04 Missing Records.
In the case:. ofmissing records due to faulty meter registration or
otherwise, the Consulting Engineer for the Party shall estimate the volume of-Sewage
discharged for all purposes of this Agreement. Such estimates shall be based on an
evaluation of past flow records as applied to present conditions. A copy of such
estimated, together with calculations and past flow records upon which the same are
based, shall be made available to each Party affected thereby.
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Section 8.05 Meter Calibration.
All. meters measuring Sewage flow into the Regional System or the
pressure of-the Regional=System,-either.directly or indirectly, shall be calibrated no less
than semi-annually. The cost of calibration of the Regional System meters shall be an
Operating Expense of Party owning the meter.
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ARTICLE IX
MAINTENANCE AND REPAIR CHARGES
Section 9.01 Maintenance and Emergency Repair Contract. Maintenance
and emergency repair contracts will be developed and executed with an appropriate
contractor on a competitive bid basis.
Section 9.02 Maintenance Contract. A maintenance contract will be
developed along the following general lines and let for bids:
(a) The provisions of the contract will be developed and approved by the
Parties.
(b) Atlantic Beach will advertise for and receive bids and award such with
the concurrence of the Parties.
(c) The maintenance contract will distinguish costs associated with the five
segments of the line:
Individually Used Segments.
Segment # (i). Jacksonville Beach to Neptune Beach tie-in.
Segment # (ii). Neptune Beach to Neptune Beach tie-in.
Segment # (iii). Atlantic Beach to Atlantic Beach tie-in.
Shared Segments.
Segment # (iv). Neptune Beach tie-in to Atlantic Beach tie-in.
Segment # (v). Atlantic ,Beach tie-in to the point of St. Johns River
discharge.
Maintenance contract costs corresponding to the individually used segments
will be funded entirely by such users. Costs of Segment #(iv) will be prorated between the
Cities of Jacksonville Beach and Neptune Beach based upon the applicable reserved
caoacity allocations. In the Event of a Change in reserved capacity allocation, the
LKL-08/13/84-300D -23-
appropriate proration of maintenance contract costs will be made based upon the relative
time of operationof the System under the different reserved capacity allocations.
(d) The contract will provide for the City_of Jacksonville Beach to be billed
by the contractor for costs associated with Segment #(iv); the City of Neptune Beach will
be subsequently billed its pro rata share by the City of Jacksonville Beach. Similarly, the
City of Atlantic Beach will be billed by the contractor for services associated with
Segment #(v); the Cities of Jacksonville Beach and Neptune Beach will be subsequently
billed their pro rata shares by the City of Atlantic Beach.
(e) Each Party agrees to pay its pro rata share of the maintenance contract
costs in a timely manner.
Section 9.03 Annual Inspection. Specificatons for an annual inspection
and report will be established. Such report, after approval by the three parties to the
Agreement, will be the basis for the implementation of any necessary non-emergency
maintenance requirements. The three parties to the Agreement agree to implement the
recommendations of the approved report in a timely manner with costs apportioned as in
9.02 above or as per the cause of the need for repair. Such annual inspection will be
performed by the contractor as a part of the responsibility of the maintenance contract of
9.02 above.
Section 9.04 Emergency Repair Contract. An emergency repair contract
will be developed by the three parties to the Agreement as a part of the maintenance
contract. Such contract shall provide as follows: - -
(a) Timely repair of any failure with response time specified.
(b) Notification of any emergency repair requirement will be as follows:
LKL-08/13/84=300D -24
Individually Used Segments.
Segment#(i)- - Jacksonville Beach.
Segment #(ii) - Neptune Beach.
Segment #(iii) Atlantic Beach.
Shared Segments.
Segment.#(iv) - Neptune Beach.
Segment #(v) - Atlantic Beach.
(c) Billing and cost responsibilities for emergency services will be as per the
notification specification above with proration by the billed party based upon reserved
capacity allocations as in 9.02 above or as per the cause of the need for repair.
Emergency repair costs will be paid by the responsible party or parties in a timely
manner.
(d) Specifications for maintenance of an adequate inventory of materials
will be established.
LKL-08/11/84-300D -25-
ARTICLE X
COLLECTION AND TREATMENT SYSTEMS
Section 10.01 Collection and Treatment Systems Operation;
Liability. Each Party may own, operate, maintain, and expand its own respective
Collection and Treatment System, shall impose all rates, fees, and charges on users of its
Collection and. Treatment System, shall do all of its own billing and collection, pay all
costs of operating, maintaining, and repairing its Collection and Treatment System, and
shall individually and continuously operate its Collection and Treatment System and keep
the same in proper repair and operating condition. Each Party owning or operating a
Collection and Treatment System shall make all necessary renewals, replacements, and
improvements thereto in order to maintain adequate service and shall comply with all
present and future laws, rules, regulations, permits, orders, and requirements applicable
thereto and lawfully made by DER, EPA, or other governmental body having jurisdiction
thereof.
Section 10.02 Connections. Each Party agrees that no person, firm,
corporation, or Party shall install or make connections to its Collection and Treatment
Systems which shall in any manner be connected with the Regional System without first
obtaining a permit to do so from the Party having jurisdiction thereof.
Section 10.03 Municipality Ordinances; Resolutions. Each Party shall
adopt and enforce ordinances or resolutions, and keep the same in effect, requiting the
issuance of sewer permits and establishing rules and regulations governing the
construction and building of sewers, service laterals, connections, and other matters
relating to the Collection and Treatment Systems, which shall conform to all require-
ments of DER and EPA.
LKL-08/13/84-300D -26
Section 10.04 Inflow/Infiltration. Each Party will ensure that its
Collection and Treatment Systems, including any additions thereto, discharging directly or
indirectly into the Regional System, will not be subject to excessive infiltration inflow.
The Parties acknowledge and agree that inflow and infiltration studies of the existing
Collection and Treatment Systems and corrective action with respect thereto may be
required from time to time during the term hereof in order to protect the Regional
System from excessive flows of surface or ground water. All Parties will cooperate in
carrying out such tests, studies, inspections and other work as may be required in
connection with such inflows or infiltration. Any Party required to correct infiltration
problems in its Collection System shall pay the net cost thereof, after deducting any
available federal or State aid, and shall complete the work in a timely manner.
Section 10.05 No Direct Connections. Privately owned systems may not be
connected directly to the Regional System. All such connections must be made indirectly
through public sewers of the Collection Systems which are no less than eight (8) inches in
diameter, are covered by a permit issued by DER, and are owned and maintained by one of
the Parties.
LKL-08/13/84-300D -27
ARTICLE XI
MISCELLANEOUS PROVISIONS
Section 11.01. Insurance. Each of the Parties shall maintain general
liability insurance covering the construction and operation of their respective sewer
facilities (Collection Systems and Treatment System) which shall be written in such
amounts, have such named insured, cover such risks and contain such other terms as shall
be recommended by their respective Consulting Engineers or an independent insurance
consultant satisfactory to the Parties and in accordance with any applicable indentures or
leases. Each of the Parties shall also maintain fire and extended coverage insurance
against loss or damage to the physical structures and other sewer facilities normally
included in such policies, in such amounts as shall be recommended by their respective
Consulting Engineers or such independent insurance consultant.
Section 11.02 Fines. If any fines or other monetary penalties are imposed
upon the Parties based upon their ownership and operation of the Regional System as a
result of a violation of this Agreement by any other Party, including the Parties as
operator of their Collection Systems, such other Party shall indemnify and reimburse the
Municipalities for the amount thereof and any costs, including reasonable attorneys' fees,
related thereto, provided that Jacksonville Beach shall have notified such other Party
immediately upon learning of any investigation or proceeding which might result in such
fines or penalties and allowed such other Party to join in the defense thereof at its cost
and expense.
In addition, any fines or other monetary penalties imposed upon the Parties in
their operation of the Regional System not as a result of any violation of the Agreement
by any Party shall be deemed an Operating Expense of the Regional System payable as an
additional Service Charge in accordance with each Party's proportionate share of such
Service Charges.
LKL-08/11/84-300D , -28
Section 11.03. 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, breakdowns of
the Regional System,or other delays beyond the Parties' control, provided, however that
nothing in this Section shall be deemed or construed to supercede or suspend payment
obligations hereunder.
Section 11.04. 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.
Section 11.05. Headings. The headings in this Agreement are solely for
convenience and shall have no effect on the legal interpretation of any provision hereof.
Section 11.06. 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.
Section 11.07. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be regarded for all purposes as an original,
but such counterparts shall together constitute but one and the same instrument.
Section 11.08. 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) If to Atlantic Beach, P. 0. Drawer 25, Atlantic Beach, Florida 32233.
• (b) If to Jacksonville Beach, 11 North 3rd Street, Jacksonville Beach,
Florida 32250-1389.
(c) If to Neptune Beach, 116 First Street, Neptune Beach, Florida 32233.
LKL-08/11/84-300D
-29-
Section 11.9. Attachments, Appendices, Exhibits and Schedules. All
exhibits, attachments, appendices and schedules which may, from time to time, be
referred to in any duly executed amendment hereto are (and with respect to future
amendments, shall be) 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 conform substantially to the
description thereof contained on each Exhibit page and may be supplied by the Parties.
Section 11.10. 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 all the other Parties
hereto, which will not be unreasonably withheld.
Section 11.11. Effective Date of Agreement. This Agreement shall become
effective after the enactment of appropriate enabling ordinances by the Parties
authorizing its execution by appropriate officials of said Parties after due execution
hereof by all the Parties, and after filing of an original of said Agreement with the Clerk
of the Circuit Court for Duval County.
Section 11.12. Term. The term of this Agreement shall be from the
effective date referred to above and continuing for a period not less than the useful life
of the Regional System and any additions, alterations or modifications thereto.
Section 11.13. Amendments. The Parties agree to negotiate in good faith
such amendments to this Agreement or additional agreements as may be necessary to
provide for capital improvements to the Regional System required to maintain adequate
service. Any such amendments shall be made in accordance with the provisions of
Chapter 163, Part I, Florida Statutes, and of this Agreement.
LKL-08/11/84-300D -30-
Section 11.14. Governing Law. This Agreement shall be governed in all
respects by the laws of the State of Florida.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed under their respective seals by their officers thereunto duly authorized as of the
date first above written.
ATLANTIC BEACH
, •
2 B • ��r l
r
Attest:L(�� %tif -Cil
City Clerk Mayor
Lae,�/
City : anager
•
LKL-08/13/84-300D -31-
JACKSONVILLE BEACH
Attest: �' .�-�� BY: .t
City Cl- k d / Mayor r
By:
City . anager
NEPTUNE BEACH
Attest: XUmuL g. l(J.(QQc1uY.ti2 By:
City Clerk Mayor
APP O ED AS TO-FORM AND CORRECTNESS:
,'
iity Attorney of tlantic Beach
fir
City tt r of Neptune Beach
•
City Attorney of Jacksonville Beach
LKL-08/13/84-300D -32-
MASTER EXHIBIT
Exhibit A is the master Exhibit consiting of maps locating the facilities of the
Regional System in sufficient detail to properly account for transmission lines to the
outfall site. This Exhibit shall be consistent with the Facilities Plan and.this Agreement.
EXHIBIT A
LKL-08/13/84-300D ,
-33-
SERVICE AREA EXHIBIT
ned in the
Exhibit B is a delineation of the Service e�Seervice Areaas ly whichlwill not be
Facilities"Plan with- indications of any flows
treated by the Regional System. Conversely, it will show if anyflows outside the Service
Area are to be included. This Exhibit shall be consistent with the Facilities Plan and this
Agreement.
EXHIBIT B
CONSTRUCTION PLAN
Exhibit C is the time schedule for the construction of all aspects of the
Regional System.-The time schedule may be accompanied by maps indicating the various
stages of construction. This Exhibit shall be consistent with this Agreement.
EXHIBIT C
•
DESIGN SCHEDULE
Exhibit D consists of a design schedule for the Project.approvals Exhibitedit i This
also
provide a bidding schedule and detail the Federal and State app
Exhibit shall be consistent with the Facilities Plan and this Agreement.
EXHIBIT D
REGIONAL SYSTEM CAPACITIES
Exhibit E allocates capacities between Atlantic Beach, Jacksonville Beach
and Neptune Beach, respectively:
EXHIBIT E
MEMORANDUM OF UNDERSTANDING `
By And Between
The
CITY OF ATLANTIC BEACH
arid
CITY OF JACKSONVILLE BEACH
and -.
CITY OF NEPTUNE BEACH
In order to comply with all requirements of the State of Florida
Department of Environmental Regulation (the Department) and the United
States Environmental Protection Agency (the EPA) for eligibility under
the Construction Grants Program established under the Federal Water
Pollution Control Act, as amended, and the grants.program for treatment
works construction established by the Florida Water Pollution Control and
Sewage Treatment Plant Grant Act, as amended, ,the .Signatories to this
Memorandum of Understanding affirm that the Interlocal Agreement
Creating The Duval Beaches Regional Sewer Utility will be amended to
reflect the Department's requirements as communicated on August 17,
1984. Specifically, Section 4. 03 of the Agreement will be amended to
read as follows:
Section 4.03 Municipality Project Report Approvals.
Each Party agrees that it will consider the Project Report in
good faith and within 60 days of its receipt, notify the
Municipalities whether it approves or disapproves the Project
Report.
If any Party intends to disapprove the Project Report, it
shall notify the Municipalities, and the Municipalities and their
Engineers shall consider suggested modifications, acceptable
to State and Federal authorities and the Municipalities, as will
make the Project feasible. When all the Parties shall have
approved the Project Report, the-financing, construction and
operation of the Project shall proceed as hereinafter set forth.
The review procedures described herein not withstanding, the
Parties agree that they will proceed with the full implementation of
theRegional System in a timely
manner.
1 .
The Signatories,further affirm-that they will amend the-Agreement
within 90 days:
ATLANTIC : . ACH
/
"if
By: 4:04.1 A
Mayor
By: ./. - 4./ki- 'tic. Via.:/ ,
City Manage
JACKSONVILLE '' CH
By:
Ma1yorr.
By: �� w�,, L_
t
City Manager
Nii PTUNE BEACH
r,
By: N ---` -\. A.4.---c-t-i-zt-
Mayor
By: 0,6-/ALL, e.
• City Clerk