SEWER AGREEMENT (3)
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CONTRACTUAL AGREEMENT
FOR
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UTILIZATION OF INTERIM SEWER TREATMENT FACILITIES
BETWEEN THE
CITY OF CLEARWATER, FLORIDA
AND THE
CITY OF SAFETY HARBOR, FLORIDA
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CONTRACTUAL AGREEMENT
FOR
UTILIZATION OF INTERIM SEWER TREATMENT FACILITIES
BETWEEN THE
CITY OF CLEARWATER, FLORIDA
AND THE
CITY OF SAFETY HARBOR, FLORIDA
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THIS AGREEMENT is made and entered into this
day of
~w
, A,D., 1981, by and between the following
municipal corporations located in Pinellas County, Florida,
specifically the CITY OF CLEARWATER, FLORIDA, (hereinafter called
CLEARWATER), a municipal corporation, and the CITY OF SAFETY HARBOR,
FLORIDA, (hereinafter called SAFETY HARBOR), a municipal corporation,
pursuant to the Florida Interlocal Cooperation Act of 1969, Section
163.91, Florida Statutes:
THIS AGREEMENT effective as of October 1, 1980, replaces
in its entirety the contractual agreement for utilization of interim
sewer treatment facilities between CLEARWATER and SAFETY HARBOR dated
October 22, 1976.
WITNESSETH:
WHEREAS, the parties hereto entered into a joint venture
to construct a regional wastewater treatment facility with a capacity
of eight (8) million gallons per day, which is located on property
owned by CLEARWATER and adjacent to McMullen-Booth Road, State Road
580;
and
WHEREAS, CLEARWATER currently has in operation on an interim
basis the Northeast Wastewater Treatment Facility, hereinafter known
as the interim facility, and further that pursuant to the above
referenced joint venture to construct this facility, SAFETY HARBOR
is entitled to an amount not to exceed one-eighth (1/8) of the available
capacity in gallons per day;
and
WHEREAS, the term of this agreement shall be until the eight
(8) million gallon per day wastewater treatment plant is fully
operational;
and
WHEREAS, CLEARWATER and SAFETY HARBOR agree to enter into
this interlocal agreement for the purpose of establishing a sewer
system which will run from SAFETY HARBOR to the interim facility;
NOW THEREFORE, it is hereby agreed by and between the parties
as follows:
1. CLEARWATER, at all times, shall reserve and make available
to SAFETY HARBOR one-eighth (1/8) of its present treatment capacity
at the interim facility, As of October 1, 1980, this amount is
625,000 gallons per day. This proportion of the per day capacity
shall remain available to SAFETY HARBOR until such time as the eight
(8) million gallons per day treatment plant is fully operational
or outfall permit is increased from the currently approved five (5)
million gallons per day.
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2. CLEARWATER agrees to permit SAFETY HARBOR to pump
wastewater either into the CLEARWATER transmission lines to be
connected to the Northeast Wastewater Treatment Plant, if
available, or directly into the treatment facility providing,
however, no connection can be made until a correctly designed
and installed flow meter is ready for flow measurement at the
connection. CLEARWATER shall determine the point of connections
into CLEARWATER'S TRANSMISSION lines for SAFETY HARBOR.
SAFETY HARBOR shall pay its pro-rata share of the cost
of constructing any transmission line to provide service for
SAFETY HARBOR: or SAFETY HARBOR may, at its own option, provide
its own transmission line.
3. The City of SAFETY HARBOR agrees to pay to the
City of CLEARWATER a fee related to the expenses attributable
to operation, maintenance, transmission, renewal, replacement
and administration generated by the transmission, treatment and
disposal of wastewater' pumped by the City of SAFETY HARBOR. The
fee shall consist of the following items as described in
Paragrapb 4 of this agreement.
4. The City of CLEARWATER agrees to establish a fee
based upon actual use by the City of SAFETY HARBOR for treatment
and disposal of wastewater. The initial fee shall be $ 593.00
per million gallons of sewage treatment and disposal based on
projected operating costs of the 1980-81 fiscal bUdget of
CLEARWATER. This estimated fee will remain in effect until
September 3D, 1981, at which time a new estimated fee for the
fiscal year 1981-82 will take effect. This estimated fee will
be provided to SAFETY HARBOR prior to July 1, 1981, for budgeting
purposes. In subsequent years, during the term of this agreement,
an estimated fee for sewage treatment and disposal will be provided
to SAFETY I~RBOR prior to July I, for use during the upcoming
fiscal year of October 1, 1981 to the following September 30.
The determination of actual costs for sewage treatment
and disposal will be made during the month of January for the
operating period of the preceding fiscal year. In determining
the actual costs for the preceding fiscal year, the City of
CLEARWATER shall compute its total annual cost of operation for
its then existing waste water treatment plants for the fiscal
year and divide tqis sum by the total annual millions of gallons
of domestic sanitary sewage treated during the fiscal year. The
waste water treatment plants operating costs shall include those
items shown in Exhibit One hereby incorporated into this contract
by reference. In addition to the usage fee, a five percent (5%)
additional charge of the fee will be made for renewal and replace-
ment costs relating to the Northeast Waste Water Treatment Plant
and transmission lines. ,Total actual cost of sewage treatment
and disposal performed for SAFETY HARBOR shall be compared to the
total of estimated fees collected by CLEARWATER during the fiscal
year.
The difference between total estimated fees collected
and actual cost shall be the corrected fee amount with an excess
of actual cost being payable to CLEARWATER, and an excess of
estimated fees collected payable to SAFETY HARBOR. The corrected
fee amount shall be payable in lump sum or as an equally adjusted
monthly billing during the eight monthly"billings for February
through September.
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The initiJl determination of actual lost for this
agreement would be in January of 1982, for the period of
October 1, 1980 to September 30, 1981. .
Copy of annual fiscal audit used to determine actual
operating cost will be provided to SAFETY HARBOR.
SAFETY HARBOR and CLEARWATER will have the right to
perform audit of each party's records concerning flow volumes,
operating cost. building permits, subdivision permits and
other information directly related to this agreement.
In addition, the City of SAFETY HARBOR agrees to pay
the sum of Five Hundred Ninety- four Dollars ($ 594.00) per
month as its pro-rata share of debt service for the (1) one
M.G.D. interim facility. This debt service payment is based
upon ten per cent (10$) of the treatment plant construction
c,osts and the annual average debt service for the life of the
revenue bond issued to construct the interim facility. The
payment on this indebtedness will continue through the entire
bond period ending August I, 1999.
5. The City of CLEARWATER agrees to bill the City of
SAFETY HARBOR for the fee (s) provided for herein on a monthly
basis. Upon receipt of the monthly bill, SAFETY HARBOR agrees
to pay the above-mentioned fees within thirty (30) days. Each
bill shall itemize the amount of wastewater delivered from the
SAFETY HARBOR system to the interim facility for the preceding
month. The initial fee due under the terms of this agreement
shall be 30 days after the last regular payment made by
SAFETY HARBOR under the interim agreement for sanitary sewer
services dated October 22, 1976.
6. SAFETY ,HARBOR agrees to pay 100$ of the cost for
designing, purchasing and installing flow meters required to
measure flow from SAFETY HARBOR into the CLEARWATER sewer
sys tem.
CLEARWATER agrees to provide the design, purchase and
installation of flow meters for SAFETY HARBOR to connect to
the CLEARWATER sewer system at the expense of SAFETY HARBOR,
providing however. that CLEARWATER will prepare an estimate of
cost for the design and construction of flow meters for SAFETY
HARBOR and no work will commence until written approval of
proposed charges and a notice to proceed is received by
CLEARWATER from the SAFETY HARBOR City Commission.
CLEARWATER will assume the responsibility of maintain-
ing the flow meters; once installed. Both municpalities 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.
7. SAFETY HARBOR agrees to maintain and in addition
to regulate by ordinance the use of its sanitary sewage col-
lection system, to minimize infiltration and prevent harmful
wastes from being deposited into its facilities, such as
would overload or cause damage to CLEARWATER'S interim facility
or interfere with the sewage treatment process.
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EXHIBIT ONE
Estimate of treatment costs in paragraph 4 of this contractual
agreement for the period of October 1, 1980 to September 30,
1981, is based on the City of Clearwater Annual Fiscal Report
on the Utility System Combining Statement of Operations and
Retained Earnings of year ending September 30, 1980, adjusted
for the projected operating period.
The operating expenses used for estimate preparation as
listed in the report are as follows:
Personal services
Operating materials and supplies
Professional fees,
Communications
Transportation
Insurance
Utility service
Repairs and maintenance
Interfund administrative charges
Data processing
Miscellaneous.
These costs are to include administrative overhead, operating
personnel, maintenance, utilities of the plants, supplies
necessary to operate the plant and disposal of sludge and
effluent.
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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
interim Northeast Wastewater Treatment Plant. In providing
adequate pre-treatment of waste, SAFETY HARBOR shall be governed
by the same standards applicable to CLEARWATER. Copy of approved
SAFETY HARBOR ordinance will be provided to CLEARWATER.
8. SAFETY HARBOR agrees to establish and continue a
record of all Certificates of Occupancy for buildings, building
permits issued and sewer hook-up permits issued in the SAFETY
HARBOR service area, projections of permit increases due to
subdivision approval and to provide regular monthly report~ to
CLEARWATER of the aforesaid records.
9. This agreement shall remain in effect until such
time as the permanent eight (8) million gallon treatment facility
is fully operational and the Contractual Agreement for utilization
of Sewer Treatment Facilities between the City of CLEARWATER and
the City of SAFETY HARBOR has been amended to include continuing
payment of the $594.00 per month debt service by SAFETY HARBOR
through August 1, 1999.
10. The fees as determined in Paragraph 4 of this agreement
will remain in effect until such time as the running yearly average
daily flow exceeds the maximum treatment capacity available to
SAFETY HARBOR as stated in Paragraphs 1 and 8 of this Agreement.
At such time as the running yearly average daily flow exceeds the
maximum capacity allocated to SAFETY HARBOR, the fees for the
additional sewage flow received from SAFETY HARBOR at the Northeast
Wastewater Treatment Plant shall be increased by a factor of two-
hundred percent, (200%).
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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.
CITY OF CLEARWATER, FLORIDA
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ITY MANAGER
ATTEST:
COUNTERSIG~ED:
MAYOR-COMMISSIONER
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Approved ~ to form and
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CIi'Y ATTORNEY
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CITY CLERK
COUNTERSIGNED:
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MAYOR-COMMISSIONER
A'ITEST:
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CITY CLERK