SEWER AGREEMENT (2)
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CONTRACTUAL AGREEMENT FOR UTILIZATION
OF SEWER TREATMENT FACILITIES BETWEEN
THE CITY OF CLEARWATER, FLORIDA, AND
THE CITY OF SAFETY HARBOR, FLORIDA.
THIS AGREEMENT is made and entered into this 1-~
day of
;J/?~~6
, A. D. 1976, by and between the following municipal
corporations located in Pinellas County, Florida, specifically the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, and the CITY OF
SAFETY HARBOR, FLORIDA, a municipal corporation, pursuant to the
Florida Interlocal Cooperation Act of 1969, Section 163.91, Florida Statutes;
WITNESSETH:
WHEREAS, the City of Clearwater, Florida, proposes to construct
a regional wastewater treatment facility having a capacity of eight (8) million
gallons per day, with such treatment facility to be located on property owned
by the City of Clearwater, such property being located adjacent to McMullen-
Booth Road and State Road 580 in Clearwater, Florida; and
WHEREAS, the treatment facility is to be constructed in accordance
with criteria established by the State of Florida Department of Environmental
Regulation and the United States Environmental Protection Agency; and
WHEREAS, the City of Clearwater and the City of Safety Harbor
realize that it is necessary for both municipalities that additional transmission,
wastewater treatment and disposal facility for a sanitary sewage system
be constructed; and
WHEREAS, the City of Clearwater and the City of Safety Harbor
recognize that it is in both municipalities' mutual municipal interest that
they join together in the construction of such facility; and
WHEREAS, the proposed City of Clearwater wastewater treatment
facilities will have sufficient capacity to both process and dispose of waste-
water received within the City of Clearwater and at the same time treat and
dispose of an average of one (1) million gallons per day of wastewater pumped
into the facility by the City of Safety Harbor; and
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WHEREAS, both the City of Clearwater, Florida, and the City of
Safety Harbor, Florida, desire to enter into this inter local agreement for
the purpose of establishing a sewer system which shall run from the City of
Safety Harbor and connect with the City of Clearwater Northeast Treatment
Plant;
NOW, THEREFORE, it is hereby agreed by and between the parties
hereto that:
1. At such time as the City of Clearwater Northeast Wastewater
Treatment Plant is available to receive wastewater for treatment and
disposal, the City of Clearwater agrees to permit the City of Safety Harbor
to pump a maximum annual average of one (1) million gallons per day of
wastewater either into the City of Clearwater transmission lines to be connected
to the Northeast Wastewater treatment plant or directly into the treatment
facility. The City of Clearwater shall determine the use or uses of
connection into the transmission lines for the City of Safety Harbor or the
City of Safety Harbor may pump directly into the treatment facility. The
point of connection to the system shall be at the most economical location
for the mutual benefit of the parties. The City of Clearwater agrees to
reserve to the City of Safety Harbor the wastewater treatment capacity
described herein, namely, a maximum annual average of one (1) million
gallons per day.
The City of Clearwater will select the route of the transmission line
which will run through portions of Safety Harbor. The City of Safety Harbor
agrees to grant to the City of Clearwater utility licenses within existing City
of Safety Harbor rights-of-way and agrees to cooperate and assist the City
of Clearwater in obtaining easements for the main transmis sion line. The
City of Safety Harbor may pay its pro rata share of the cost of constructing
this main transmission line and tie into such line, or the City of Safety Harbor
may at its own option provide its own transmission line.
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2. The City of Safety Harbor agrees to remit to the City of
Clearwater as its portion of the cost of construction of the Northeast
Wastewater Treatment Plant that portion of such cost which equals the ratio
of the City of Safety Harbor's requested capacity to the total capacity
available for utilization in the Northeast system. It is estimated that the
City of Safety Harbor's proportional share of the construction costs will
be $600,000.
3. The $600,000 is Safety Harbor r s estimated pro rata share of the
Northeast Wastewater Treatment Plant to include engineering costs, the cost
of the primary and secondary portion of the plant, transmis sion lines from
the plant to the disposal site, and final disposal method for the effluent. It
is understood that construction costs attributable to the City of Safety Harbor
shall be limited to its pro rata share of (1) that portion of the transmission
line beginning at the point at which the City of Safety Harbor connects to the
system; (2) the construction of the Northeast Wastewater Treatment Plant;
and (3) the transmission to and final disposal of wastewater whether such
disposal be by Deep Well Injection or Advanced Wastewater Treatment. The
payment will be broken down into three phases based upon the primary-
secondary portion of the plant, deep well testing, transmission mains and
the final disposal system. The payments will be made prior to actual
construction of such facilities, based upon actual bid prices, and be based
upon the twenty-five per cent (250/0) local share if Federal funding is available.
If the final actual construction costs are different, 'then the: coststo'S'afety
Harbor will be adjusted appropriately at time of final payment to the
contractor.
4. The City of Safety Harbor agrees to pay to the City of Clearwater
a fee related to the expenses attributable to operation, maintenance, trans-
mission, renewal, replacement and administration generated by the trans-
mis sion, treatment and disposal of up to one (1) million gallons of wastewater
pumped by the City of Safety Harbor. The fee shall consist of the following
items as described in Paragraph 5 of this agreement.
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5. The City of Clearwater agrees to establish a fee based upon
actual use by the City of Safety Harbor for treatment and disposal of waste-
water. The initial fee shall be computed utilizing the City of Clearwater's
total annual cost of operation of its existing sanitary sewage system, divided
by the total annual millions of gallons of domestic sanitary sewage treated.
The estimated fee to the City of Safety Harbor for the first year of this
agreement, if deep well injection treatment and disposal is utilized, is
$260.00 per million gallons of sewage treatment and disposal. If advance
wastewater treatment is the disposal method utilized, the first year's estimated
fee to the City of Safety Harbor will be $344.00 per million gallons of
sewage treatment and disposal. In determining the above mentioned estimates,
the City of Clearwater shall compute its total annual cost of operation for its
then existing sanitation sewer system for the prior year and divide this sum
by the total annual million gallons of domestic sanitary sewage treated. In
any event, the estimated fee described above for the first year shall not vary
more than ten per cent (10%) from the sums quoted above. The usage fee in
the following years will be based on the annual operating costs of the Northeast
Treatment Plant and related faci1ties. The Northeast Wastewater Treatment
Plant operating expenses shall include but not be limited to such items as
direct supervisors and personnel, maintenance, utilities of the plant and all
supplies necessary to operate the plant. In addition to the usage fee, a five
per cent (5%) charge of the fee will be made for renewal, replacement, for
costs relating to the Northeast Wastewater Treatment Plant and transmission
lines. Further, a charge of three per cent (3%) of the fee will be made for
administration of the system.
6. The City of Clearwater agrees to bill the City of Safety Harbor for
the fee provided for herein on a monthly basis. The City of Safety Harbor
agrees to remit the fee within thirty (30) days from receipt of the bill. Each
bill shall reflect the amount of wastewater delivered from the Safety Harbor
system to the Northeast Wastewater Treatment Plant the preceding month.
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7. The parties agree that in the event that anticipated Federal funding
for the final disposal system is not made available, that the City of Safety
Harbor may, at its option, cease to be a contributor and participator in the
project. Should the City of Safety Harbor exercise the option described herein
upon being made aware that Federal funding will not be granted, then the City
of Safety Harbor shall be responsible for its proportionate share of the actual
construction and related costs up to the date that the City of Safety Harbor
asserts the option through providing written notice to the City of Clearwater.
8. The City of Safety Harbor agrees to maintain and in addition
regulate by ordinance, the use of its sanitary sewage collection system to
minimize infiltration and prevent harmful wastes from being deposited into
its facilities, such as would overload or cause damage to the City of Clear-
water Northeast Wastewater Treatment Plant, or interfere with the sewage
treatment process. The City of Safety Harbor further agrees to require
adequate pre_treatment of strong or harmful commercial or industrial wastes
at the source of generation, prior to permitting such wastes to be discharged
into its system for treatment and disposal at the Northeast Wastewater
Treatment Plant. In providing adequate pre-treatment of waste, the City of
Safety Harbor shall be governed by the same standards applicable to the
City of Clearwater.
9. The City of Safety Harbor agrees to install Venturi type flow
meters with an automatic flow recorder at all Safety Harbor pumping facilities
that will be transmitting sanitary sewage to the City of Clearwater Northeast
Wastewater Treatment Plant. The City of Clearwater will assume the
responsibility of maintaining the flow meters, once installed. Both munici-
palities shall have the right to enter and inspect the facilities and flow meters
being utilized pursuant to this agreement for the purpose of determining the
accuracy of such meters and the quantity of wastewater being delivered.
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10. The City of Clearwater agrees each year of this agreement to
reevaluate the cost or fee per million gallons, based on an annual audit of its
accounts. If an audit discloses that the City of Safety Harbor has paid costs
in excess of those fees established during the preceding fiscal year, it shall
be entitled to a credit, which credit shall be pro-rated over the following
twelve (12) month period. In the further event that reevaluation of such costs
does result in a determination that the City of Safety Harbor has paid a sum
less than the reevaluated cost per million gallons, then the City of Safety
Harbor shall pay such additional sum pro-rated over the next twelve (12)
month period. It is agreed that the anniversary date for such fee computation
shall be June 1st.
11. This agreement shall be in existence for a period of thirty-five
(35) years, commencing on the
22nd
day of October
, 1976
and ending on the
21st
day of
October
, 20 11
, unless
sooner terminated as provided herein.
12. In the event the City of Safety Harbor shall require capacity in
excess of the one (1) million gallons per day maximum annual average
provided herein, provided a three (3) year notification is given, the City of
Clearwater shall make every effort to supply this requested capacity only if
it is available and not committed or reserved to other sources. Costs related
and requirements incurred to accomplish furnishing this additional capacity
shall be borne by the City of Safety Harbor.
13. All disputes relating to the interpretation and performance of
this agreement shall be resolved through arbitration procedures set forth
in Chapter 682 of the Florida Statutes.
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IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be duly executed by the proper officials on the day and year
first above written.
By
Countersigned:
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Mayor-Conuni 'ner
F CLEARWATER, FLORIDA
Att7tJ~.;t~z;~/
City Clerk
Countersigned:
CITY OF SAFETY HARBOR, FLORIDA
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Mayor-Commissioner
By D~ L. ~~
City Manager
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Attest:
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/ City 20k
Approved as to form and
cor rectne s s:
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