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HomeMy WebLinkAboutCPA Reclaimed Water Service 1999 (Temp)CANAVERAL PORT AUTHORITY CITY of CAPE CANAVERAL TEMPORARY AGREEMENT FOR RECLAIMED IE WATER SERVICE THIS AGREEMENT is made and entered into thist 7th da o f March 1999 by and between the Commission of the Canaveral port Authority and the Cit Council of the City of Cape Canaveral F,CITAT. 1 The Canaveral Port Authority a body corporate and a body politic under the laws of the State of Florida hereinafter called the AUTHORITY is in immediate need of reclaimed water service for irrigation within Jetty Park 2 The Cary of Cape Canaveral Florida a municipal corporation under the laws of the State of Florida hereinafter called CAPE CANAVERAL is operating a sanitary sewerage system which produces reclaimed water suitable for public access areas CAPE CANAVERAL has consented to provide reclaimed water to the AUTHORITY under the following terms and conditions of this Agreement ACCORDINGLY for and in consideration of the above Recitals the mutual undertakings and agreements herein contained and assumed and other good and valuable consideration the receipt and sufficiency of which are acknowledged by the parties the AUTHORITY and CAPE CANAVERAL hereby covenant and agree as follows SECTION l RECITALS The above Recitals are true and correct and form a material part of thus Agreement SECTION 2 DEFINITIONS The following definitions and references are given for the purpose of interpreting the terms as used in Maus Agreement (1) CAPE CANAVERAL System All facilities related to CAPE CANAVERAL s reclaimed water system (2) Point of Reuse Connection The point where reuse facilities of CAPE CANAVERAL are connected to the reuse facilities of the AUTHORITY (3) Reclaimed /Reuse Water the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies (4) Service the readiness and ability an the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area Thus the maintenance by CAPE CANAVERAL of adequate pressure at the point of re use connection shall constitute the rendering of service Page 1 of (5) Effective Date the date upon which the last party of this Agreement executes the Agreement SECTION PROVISION, ALLOCATION AND USE OF RECLAIMED WATER SERVICE Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subj ect to the following terms and conditions 3 1 Immediate Capacity CgpacLty Needs CAPE CANAVERAL acknowledges that the AUTHORITY has an immediate need for reclaimed water in the amount of approximately 60 400 gallons per day (annual average day demand) for use in Jetty Park 3 2 Reclaimed Water Avaslabilrtv Reclaimed water restrictions which are imposed an CAPE CANAVERAL residents shall also be applicable to purchased reclaimed water use in the Port Area CAPE CANAVERAL also acknowledges that until the residential capacity is established and as long as the integrity of the CAPE CANAVERAL system is maintained reclaimed water may be provided to the AUTHORITY in amounts greater than that specified in paragraph 3 1 at the City s sole discretion as it is in the interest of the pubic to limit discharge of wastewater effluent to the Banana River FD EP Permits for Construction, of a Reclaimed Water System The AUTHORITY agrees to process the necessary state application forms for the construction of a reclaimed water system within the Port Area All permit fees shall be paid by the AUTHORITY 3 4 Modification of CAFE CANAVERAL Reclaimed water Service Area CAFE CANAVERAL agrees to process the necessary state application forms for the modification of the CAFE CANAVERAL reclaimed water s r area to incorporate the Port Area All permit and consultant service fees will be paid by the AUTHORITY SECTION 4 RECLAIMED WATER RATES., FEES AND CHARGES, 4 1 Reclaimed Water Rate Study The AUTHORITY shall pay for a rate study conducted by CAPE CANAVERAL Fees for the rate study shall not exceed $3 000 2 The AUTHORITY shall pay reclaimed water rates and charges as described herein The reclaimed water rate shall not exceed that determined under the rate study referenced above The reclaimed water rate shall be as set by resolution by the CAFE CANAVERAL city council SECTION 5 RECLAIMED WATER FACILITIES 1 Meter Installations The AUTHORITY shall furnish and install at its expense a meter at the point of connection to the CAFE CANAVERAL facilities which shall be Page 2 of capable of measuring all flow from CAPE CANAVERAL facilities to the AUTHORITY s facilities The meter shall became the property of CAPE CANAVERAL and CAPE CANAVERAL shall be responsible for the operation maintenance and replacement of the meter costs for maintenance and replacement shall be born by the AUTHORITY Payment of maintenance and replacement costs shall be made by the AUTHORITY wrthm 45 days of receipt of an invoice from CAPE CANAVERAL CAPE CANAVERAL and AUTHORITY shall agree as to the type of meter installation The AUTHORITY shall have the nght to read and test the meter and the right of access thereto for billing testing and inspection purposes all such rights to be reasonably exercised at times reasonably convenient to CAPE CANAVERAL 5 3 1 Meter Accuracy The metering equipment shall be of standard make and type installed at a readily accessible location and shall record flow accurately within industry standards If the meter is determined to have operated in error the bill shall be adjusted for the time period in which the error occurred In calculating such bilking adjustment it will be assumed that the meter inaccuracy existed for one half of the entire time interval between meter accuracy checks by either party The billing adjustment shall be made at the same rate established in accordance with this agreement but the volume used in the billing calculations shall be adjusted as described herein The AUTHORITY shall notify CAPE CANAVERAL within 30 days of any suspected metering inaccuracies based upon historical usage data Pressure Sustaining Valve The AUTHORITY shall furnish and install at its expense a pressure sustaining valve at the point of connection to the CAPE CANAVERAL RAL facilities for the purpose of protecting the integrity of the CAPE CANAVERAL system The set pressure value shall be determined by CAPE CANAVERAL s operational needs The AUTHORITY will be given written notice of this value and changes thereafter The pressure sustaining valve shall become the property of CAPE CANAVERAL and CAPE CANAVERAL shall be responsible for the operation maintenance and replacement of the pressure sustaining valve costs for maintenance and replacement shall be born by the AUTHORITY Payment of maintenance and replacement costs shall be made by the AUTHORITY within 45 days of receipt of an invoice from CAPE CANAVERAL SECTION PROVISION OF SERVICE 1 Connection to CAPE CANAVERAL Reclaim d Water = Sy Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the AUTHORITY CAPE CANAVERAL covenants and agrees that it will allow the connection of the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in accordance with the terms and conditions of this Agreement Such connection shall be in accordance with all statutes rules and regulations of CAPE CANAVERAL the AUTHORITY the AUTHORITY s potable water provider as well as State and Federal Governments CAPE CANAVERAL agrees that once it provides reclaimed water capacity to the AUTHORITY thereafter CAPE CANAVERAL ERAL ill provide said service Page in a manner to conform with all requirements of all governmental agencies having jurisdiction of the utility operation of CAPE CANAVERAL Said service shall be provided at CAPE CANAVERAL s cost and expense In return the AUTHORITY will pay for reclaimed water as set forth in Section 4 The AUTHORITY acknowledges that CAPE CANAVERAL may at any time discontinue service to the AUTHORITY in order to protect the integrity of the CAPE CANAVERAL system or if CAPE CANAVERAL determines that it needs the capacity elsewhere SECTION 7 DISCLAIMERS LIMITATIONS ON LIABILITY 7 1 Force Maieure No party shall be liable or responsible to the other by reason of the failure or inability of that party to take any action it is required to take or to comply with the requirements imposed hereby when such failure or inability is caused by or is the result of a force majeure The term force majeure as employed herein shall mean acts of God strikes lock outs or other industrial disturbance acts of public enemies war blockades riots acts of armed forces militia or public authority epidemics breakdown of or damage to machinery pumps or pipelines landslides earthquakes fires storms floods or washouts arrests title disputes or other litigation governmental restraints of any nature whether federal state county municipal or otherwise civil or military civil disturbances explosions failure or inability to obtain necessary materials supplies labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules regulations orders laws or proclamations whether federal state county municipal or otherwise civil or military or by any other causes whether or not of the same kind as enumerated herein not wrthm the sole control of either party and which by exercise of due diligence that party is unable to overcome 7 2 Indemmty The AUTHORITY shall indemnify CAPE CANAVERAL and its respective agents and employees from and against any and all claims liability demands damages expenses fees fines penalties suits proceedings actions and fees including attorneys fees for injury (including death) to persons or damage to property or property rights that may arise from or be related to acts errors or omissions (Clams) of the AUTHORITY its agents employees servants licensees invitees or contractors or by any person under the control or direction of the AUTHORITY or by the AUTHORITY s use of CAPE CANAVERAL s system CAPE CANAVERAL shall indemnify the AUTHORITY as aforesaid from all Claims ans ;rig or growing out of or connected with any default breach violation or nonperformance by CAPE CANAVERAL or any covenant condition agreement or provision contained in this Agreement concerning all or any part of CAPE CANAVERAL s system Indemnification shall be limited to the extent provided for in Section 768 28 Florida Statutes (1995) 7 3 Disclaimer of Third Party Beneficiaries This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns and no right or cause of action shall accrue upon or b reason hereof to or for the benefit of any tturd party not a party to this Agreement or an authorized successor or assignee thereof Page SECTION 8 DEFAULT 8 1 Default Either party to this Agreement in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including but not limited to injunction to prevent default or specific performance to enforce this Agreement subject to state law The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any nghts and remedies provided under the terms of this Agreement and authorized by law SECTION 9 TERM OF AGREEMENT T 9 1 Term Both parties hereby acknowledge that this Agreement is temporary in nature and therefore either party may terminate this Agreement with 60 days advance written notice (The remainder of this page is left blank intentionally) Page ITT W ITNES S WHEREOF the Parties hereto have hereunder executed this Agreement on the date and year first above written ATTEST Secretary For the use and reliance of Canaveral Port Authority only Approved as to form and legal sufficiency CANAVERAL PORT AUTHORITY y 6i� mond P Sharkey Title hl-ran Date Larch 17 1999 ATTEST For the use and reliance of the City of Cape Canaveral only Approved as to form and Legal sufficiency - Ci a y Date /4 /�, CITY OF CAPE CANAVERAL FLORIDA va W. 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