Res 41-04RESOLUTION NO. 41-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO AMEND A
SANITARY SEWAGE AGREEMENT WITH THE TOWN OF
HIGHLAND BEACH, FLORIDA ORIGINALLY ENTERED
INTO ON OCTOBER 5, 1999.
WHEREAS, the Town Commission of the Town of Highland Beach entered into a sanitary
sewage agreement with the City of Dekay Beach on October 5, 1999; and
WHEREAS, the Town has requested that certain sections of the Agreement be revised to be
more consistent with current day projections and Code citations; and,
WHEREAS, Representatives of Delray Beach and Highland Beach have met and discussed
these proposed modifications; and,
WHEREAS, the Town Commission of the Town of Highland Beach has found, and the
City Commission of the City of Delray Beach also finds it in the best interest of its residents to enter
into an Agreement for the treatment of sanitary sewage; and,
WHEREAS, the Agreement, pursuant to Paragraph 15, must be passed by resolution or
ordinance expressly authorizing the execution of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor be and is hereby authorized to enter into a revised Sanitary
Sewage Agreement between the Town of Highland Beach, Florida and the City of Delray Beach,
Florida
PASSED this ~<~dday of ~x~ ,2004 by the City of Delray Beach, Florida.
ATFEST:
City Clerk
Menlo
To.' City Commission
._/t
From: David Harden
CC=
Date:
Re:
May 14, 2004
Interlocal Agreement with Highland Beach for Sewage Disposal
For several months we have been working with Highland Beach to ravise our agreement with
them for sewage disposal. For the most part, the attached Amended and Restated
Agreement does not make substantive changes, but clarifies and amplifies points which have
caused confusion in past years. One substantive change is that the existing agreement
would expire in 2029, whereas the revised agreement will expire in 2034.
Both the current Contract and the Amended and Restated Agreement are attached so that
you can see the differences.
Recommendation: I recommend that the Commission approve the Amended and Restated
Intedocal Agreement for the Disposal of Pretreated Sanitary Sewage with the Town of
Highland Beach.
Town of Highland Beach
561-278-4548
Palm Beach County, Florida FAX 561-265-3582
Thomas J. Reid
Vice Mayor:
Joseph J. Asselta
Commissioners:
Robert L. Lowe
Rachael Scal~Pistone
May 12, 2004
Mr. David Harden
City Manager
City of Delray Beach
100 N.W. Ist Avenue
Delray Beach, Florida 33444
RECEIVED'
~.'~," ! 3 200/,
CIT~ MANAGER
Re: Amended and Restated Interlocal Agreement
(~,~.Jor Disposal of Pretreated Sanitary Sewage
Dear ~en:
Enclosed is an executed copy of the above-referenced agreement, which was approved
by the Town Commission (Resolution No. 811) at the May 4 Regular Meeting. Please
return a fully executed copy for our records.
Thank you.
Sincerely,
Town Manager
Enclosures: AgreementJResolution
www. highlandbch.com
AMENDED AND RESTATED INTERLOCAL AGREEMENT
FOR THE DISPOSAL OF PRETREATED SANITARY SEWAGE
THIS AMENDED AND RESTATED INTERLOCAL AGREEMENT, made and
entered into this __ day of ,2004, by and through the CITY OF
DELRAY BEACH, Palm Beach County, Florida, a municipal corporation, organized and
existing under the laws of the State of Florida, hereinafter designated the ~CITY", and
the TOWN OF HIGHLAND BEACH, a municipal corporation organized and existing
under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and
WHEREAS, the CITY owns and operates a Wastewater Transmission System
and maintains treatment capacity at the South Central Regional Wastewater Treatment
and Disposal Board's Plant; and
WHEREAS, the CUSTOMER owns and operates a sewage collection system
with a transmission system discharging wastes into the CITY's Wastewater
Transmission System; and
WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract,
hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary
sewage under which the CITY was to dispose of the sanitary sewage of the
CUSTOMER; and,
WHEREAS, the CITY and CUSTOMER, on October 21, 1969, entered into a
Supplemental Agreement No. 1 to the Disposal Contract; and,
WHEREAS, the CITY and CUSTOMER, on June 2, 1981, amended the
agreement to alter the rate charged under the agreement; and,
WHEREAS, the CITY and CUSTOMER, on June 30, 1992, amended the
agreement to allow the CITY to charge for an additional twenty-five percent (25%)
surcharge above the CITY's expenditures to any user required to comply with the IPP
requirements; and,
WHEREAS, the Disposal Contract expired upon May 14, 1999; and,
WHEREAS, the Parties entered into a new contract for disposal on October 20,
1999; and,
WHEREAS, the CUSTOMER has requested the CITY continue to make available
capacity in the Wastewater Transmission'System and for the disposal of sanitary
sewage from the CUSTOMER'S sewage collection and transmission system; and,
WHEREAS, the CITY is willing to maintain provision of the sewage disposal
service described herein, if all of the terms and conditions hereinafter shall be observed
and carried into effect.
THEREFORE, in consideration of the mutual promises herein contained and
other good and valuable considerations, the parties hereto do covenant and agree as
follows:
1.1
CUSTOMER's Service Area:
The service area from which the CITY agrees to accept sanitary sewage
for disposal into and through the CITY's Wastewater Transmission
System shall be limited to the present municipal boundaries of the
CUSTOMER as they exist at the date of execution of this agreement.
CUSTOMER agrees that it will not accept wastewater from outside its
Service Area for transmission to the CITY's facility unless CUSTOMER
receives prior approval from the CITY, with such approval being the
subject of a written supplemental agreement attached hereto and made a
part hereto.
1.2 CUSTOMER's System:
This term shall mean the entire wastewater system including gravity
sewers, manholes, laterals, lift stations, pumping stations, force mains,
and appurtenances upstream of the POINT OF CONNECTION to the
CITY system.
1.3 Point of Connection:
This term shall mean the POINT where the CUSTOMER's system
connects to the CITY system for the purpose of delivering wastewater into
the CITY system from the CUSTOMER's system; said POINT OF
CONNECTION is defined, described, and set forth as the existing master
wastewater meter located just north of the CUSTOMER's northern
municipal boundary.
1.4 The following are the CUSTOMER's estimated flows by year through
2009, as the Town expects to be at BUILDOUT at that time.
Transmission & Treatment
YEAR Annual Max Month Max Day Peak Hour
Avg. Avg. Daily Flow Flow Rate
Daily Flow Flow (MGD) (MGD)
(MGD) (MGD)
2003 0.71 1.00 1.42 2.14
2004 0.74 1.04 1.49 2.23
2005 0.77 1.08 1.55 2.32
2006 0.81 1.13 1.61 2.42
2007 0.84 1.17 1.67 2.51
2008 0.87 1.21 1.73 2.60
2009 0.89 1.26 1.80 2.70
Note: Years are based on fiscal years beginning October 1 through September 30.
Annual Average Daily Flow shall mean the average amount of wastewater transmitted
by CUSTOMER to CITY each day on an annual average in million gallons per day.
Max Month Average Daily Flow shall mean the average daily flow in million gallons per
day during the month of the highest wastewater flow and is 140% of the average daily
flow.
Max Daily Flow shall mean the maximum flow transmitted by CUSTOMER to CITY on
any day and is 200% of the average daily flow.
Peak Hour Flow Rate shall mean the maximum rate wastewater will be transmitted by
CUSTOMER to CITY in million gallons per day and is 300% of the average daily flow.
CUSTOMER agrees that it shall annually review its current needs for wastewater
transmission and wastewater treatment service and. with the advice and counsel of a
professional engineer, project its future needs to be the best of its knowledge and
ability, in the format above.
These projections shall serve as a reasonable estimate of the future needs of CITY for
the purpose of planning expansion, construction, modification, or alteration of said
facilities and shall be used by CITY in determining capacity requirements attributable to
CUSTOMER. CUSTOMER agrees to furnish these projections to CITY if they increase
in an amount that would affect the CITY or its facilities in a manner above the stated
values of the contract. These projections are necessary for planning purposes. CITY
agrees that it will use the projections in determining if and when improvements and
modifications to CITY facilities are required. In determining when to expand or modify its
facilities, CITY will inform the CUSTOMER as to its plans for future expansion of its
facilities to allow the CUSTOMER sufficient time to make any necessary modifications
to its own facilities.
2. Prohibited DischarRes; Treatment; Maintenance; Inspection. The
CUSTOMER agrees that it shall not discharge or cause to be discharged into the
CITY's Wastewater Transmission System any wastes or materials which will be
detrimental to the proper operation and function of the Delray Beach system, and it is
hereby covenanted and agreed that no surface drainage water or ground water
infiltration shall be permitted to be discharged into the disposal system. It is hereby
further covenanted and agreed that the CUSTOMER shall at all times maintain and
operate its sewerage system in accordance with but not limited to the requirements of
the United States Environmental Protection Agency and the Florida State Department of
Environmental Protection. The sewage to be discharged into the CITY's system shall
meet the degree of treatment as provided at the present or in the future by the Florida
State Department of Environmental Protection. The cost of all maintenance of the
CUSTOMER's collection and transmission systems shall be paid by the CUSTOMER.
The CITY reserves the right to inspect the CUSTOMER's collection and transmission
system if it has found that a violation exists, to ascertain that it is being maintained in
accordance with the requirements of this paragraph. For purposes of making such
inspections, the .CITY shall have the right to enter the service area or property of the
CUSTOMER as may be required or necessary under the circumstances, after having
called CUSTOMER personnel and given them an opportunity to accompany CITY
4
personnel in such inspection. The CITY and the CUSTOMER both agree to carry such
liability insurance as would protect the other when either enter onto the property of the
other for any purpose authorized in this Agreement.
3. Sampling. The quality limitations of Paragraph 2 shall apply to
concentrations or other physical or chemical characteristics obtained by analysis of a
composite sample of the waters or waste received by the CITY in any 24-hour period,
proportioned to flow. Periodic quality control tests shall be performed by the CITY. The
CUSTOMER shall have the right to perform such quality control tests as it desires at the
point of connection between its sewage collection and transmission system and the
CITY's Wastewater Transmission System.
4. Sewage Meter. The existing master sewage meter located immediately
north of the northern terminus of the aforesaid CUSTOMER's transmission line, but in
the corporate limits of the CITY, shall continue to be read and maintained by the CITY.
In the event such meter shall for any reason fail to function, or be substantially
inaccurate, for any period of time, the flow for such period of time shall be estimated on
the basis of past records. The CUSTOMER shall have the right to have its personnel
accompany CITY personnel in meter reading and to make inspections and tests in
company with CITY personnel at reasonable intervals to verify the accuracy of the
meter.
5. Sewage Meter Facilities. It is understood and agreed that suitable
facilities will be provided at the meter for the purpose of taking samples for making
laboratory tests and analyses as regard the degree and quality of sewage introduced
into the CITY's system.
6. Required Pressure. The CUSTOMER agrees to maintain, at the point of
connection between the CiTY's Wastewater Transmission System and the
CUSTOMER's sewage collection and transmission system, a pressure in accordance
with sound engineering design requirements and such as will allow proper velocities
and operation in conjunction with the operation of the CITY's Wastewater Transmission
System.
7. Disposal Rate. The CUSTOMER agrees to pay the CITY for disposal of
its sewage through the CITY's Wastewater Transmission System as per the current rate
as listed in Section 53.130(F)(6) of the Code of Ordinances of the CITY of Delray
Beach, as may be amended from time to time. It is agreed that when cost to the CITY
of providing sewage disposal service to the CUSTOMER either increases or decreases,
such increase or decrease shall be passed on to the CUSTOMER as an increase or
decrease in the rate charged to CUSTOMER, as the circumstances dictate. The CITY
shall give the CUSTOMER thirty (30) days advance notice before any such change in
the rate shall go into effect.
8. Meter Readin.qs. The meter readings shall be taken by the CITY on or
before the 30th day of each month. Billing shall be issued monthly by the CITY and the
billings shall become due and payable within fifteen days from the date of billing.
9. IPP Requirements. The CUSTOMER authorizes the CITY to be its
authorized IPP coordinator. The CITY has full rights and authority to issue permits
associated with the IPP and to enforce violations within the CUSTOMER's city limits in
accordance with CITY's IPP ordinance, as may be amended from time to time. Due to
the increased cost of regulating outside of the CITY's limits, CUSTOMER agrees to
allow the CITY to charge an additional twenty-five percent (25%) surcharge above the
CITY's expenditures to any user required to comply with the IPP requirements.
CUSTOMER agrees to cooperate and assist the CITY in enforcing any violations within
CUSTOMER's city limits.
10. Enforcement of Repair and Maintenance Ordinance. The CUSTOMER
agrees to enforce an ordinance outlawing the repair and maintenance of septic tanks
within its corporate limits and within the feasible collection area, and further to enforce
legislation requiring the hook-up to its sanitary system within ninety (90) days from said
date that service from its system is available.
11. Correction of Violation. The CUSTOMER shall have fifteen (15) days,
or such greater time as may be required, if CITY approves in writing, to correct any
violation of the provisions of this contract brought to CUSTOMER's attention by a
written notification from the CITY sent by registered or certified mail to the CUSTOMER.
If such violation continues after the expiration of the 15-day grace period, liquidated
damages in the amount of one hundred dollars ($100) per day may be assessed by the
CITY against the CUSTOMER for each day said violation is known to continue. The
CUSTOMER shall not be liable or pay any damages to the CITY under this clause for a
violation not under their control caused by an Act of God, fire strike, casualty, necessary
maintenance work, breakdown of or injuries to machinery, pumps or pipe lines, civil or
military authority, insurrection or riot.
12. Indemnification. The CUSTOMER agrees to indemnify, defend and hold
harmless the CITY for any litigation, damages, or both, including attorneys' fees and
court costs, resulting from the effects of CUSTOMER's improper introduction into the
CITY's Wastewater Transmission System of any solid, liquid, gas or other effluent,
which may cause damage, either within or without the VVastewater Transmission
System, including but not limited to fish kills, undesirable floating matter and explosions.
13. Unavoidable Tempora~ Cessation of Disposal. Any temporary
cessation of disposal of sewage caused by an Act of God, fire, strike, casualty,
necessary maintenance work, breakdown of or injuries to machinery, pumps or pipe
lines, civil or military authority, insurrection, or riot shall not constitute a breach of this
Agreement on the part of the CITY, and the .CITY shall not be liable to the CUSTOMER
or its inhabitants for any damage resulting from such cessation of disposal. In case of a
partial cessation of service, the CUSTOMER shall be treated like all other sewage
facilities using the Wastewater Transmission System.
14. Term of ARreement. This Contract shall be and remain in full force and
effect for and during a period of thirty (30) years from and after the 1st day of October,
1999, provided, however, that this Contract may be terminated or modified at any time
by written mutual consent and agreement of the parties hereto. The Contract shall inure
to and be binding and in full force and effect upon all successors of each of the parties
hereto, and shall not be assigned by either party without the written consent of both
parties.
15. Ordinance or Resolution Required. This Contract shall be subject to
the condition that before it shall be binding on any of the parties hereto, the CITY and
the CUSTOMER shall pass an ordinance or resolution expressly authorizing the
execution of this Contract.
16. RiRhtS and Remedies. In the event either of the parties shall fail to
perform any of the covenants hereunder, the other party shall have, in addition to and
without prejudice to any other rights or remedies it may have, the immediate right to
mandatory injunction or such other judicial process or order as shall be necessary and
proper for enforcing the performance thereof.
17. Invalid Provision; Impossibility or Impracticability. In the event a
court of competent jurisdiction declares a section or provision of this Contract invalid for
any reason, such invalidity shall not affect the remaining sections or provisions of this
Agreement which shall continue in full force and effect, if the remaining portions
constitute an enforceable agreement. In the event such a judicial declaration results in
frustration of the purpose of this Contract or makes the performance of this Contract
impossible, such adjustments as may be equitable shall be made.
18. Third Parties Unaffected. Nothing in this Agreement, whether express or
implied, is intended to confer any rights or remedies under or by reason of this
Agreement upon any person other than the parties hereto and their respective heirs,
successors, legal representatives, and permitted assigns, nor is anything in this
Agreement intended to relieve or discharge the obligation or liability of any third persons
to any party to this Agreement, nor shall any provision thereof give any third person any
right of subrogation or action over or against any party to this Agreement.
19. This Agreement shall be filed in the Public Records of Palm Beach County
pursuant to Chapter 163 of the Florida Statutes.
IN WITNESS WHEREOF, the CITY OF DELRAY BEACH, acting by and through
its City Commission as the governing body, has caused this Agreement to be executed
in its name and on its behalf by the Mayor of said Commission, its official seal to be
hereunto affixed, attested by the Clerk of said City, and the TOWN OF HIGHLAND
BEACH, acting by and through its official governmental body, has caused this
Agreement to be executed in its behalf by its legal and official representative, its official
RESOLUTION NO. 811
A RESOLUTION OF THE TOWN COMIVIISSION OF THE TOWN
OF HIGHLAND BEACH, FLORIDA, TO AMEND A SANITARY
SEWAGE AGRF. F. MENT WITH THE CITY OF DELARY BEACH,
FLORIDA ORIGINALLY ENTERED INTO ON OCTOBER 5, 1999
(RESOLUTION NUlVlBER 747).
WHEREAS, The Town Commission of the Town of Highland Beach entered into
a sanitary sewage agreement with the City of Delray Beach on October 5, 1999; and
WHEREAS, The Town has requested that certain sections of the Agreement be
revised to be more consistent with current day projections and Code citations; and
WHEREAS, Representatives of Delray Beach and Highland Beach have met and
discussed these proposed modifications; and
WHEREAS, The Town Commission of the Town of Highland Beach finds it in
the best interest of its residents to enter into an Agreement for the treatment of sanitary
sewage; and
WHEREAS, atter review and deliberation, the Town Commission of the Town of
Highland Beach finds it in the best interest of the Town to enter into said agreement, a
copy of which is attached hereto and incorporated by reference herein;
NOW, THEREFORE BE IT RESOLVED, that the Mayor be and is hereby
authorized to enter into a revised Sanitary Sewage Agreement between the Town of
Highland Beach, Florida and the City of Delray Beach, Florida.
Passed this 4th day of May, 2004 by the Town Commission of the Town of
Highland Beach, Florida. /~r~ · ~-~'~ . -) ,
Thomas I. Reid, Mayor
Attest:
Dd~is M. Trinley, Town C~rk
seal to be hereunto affixed, attested by the Clerk of said City, the day and year first
above written,
ATTEST:
CITY OF DELRAY BEACH, FLORIDA
Palm Beach County, Florida
City Clerk
(SEAL)
Approved as to Form:
By:
Jeff Perlman, Mayor
City Attorney
ATTES~
TOWN Of HIGHLAND BEACH
Palm Beach County,.~FJ, orida
]0
RESOLUTION NO. 41-04
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, TO AMEND A
SANITARY SEWAGE AGREEMENT WITH THE TOWN OF
HIGHLAND BEACH, FLORIDA ORIGINAIJ.Y ENTERED
INTO ON OCTOBER 5, 1999.
WHEREAS, the Town Commission of the Town of Highland Beach entered into a sanitary
sewage agreement with the City of Delray Beach on October 5, 1999; and
WHEREAS, the Town has requested that certain sections of the Agreement be revised to be
more consistent with current day projections and Code citations; and,
WHEREAS, Representatives of Delray Beach and Highland Beach have met and discussed
these proposed modifications; and,
WHEREAS, the Town Commission of the Town of Highland Beach has found, and the
City Commission of the City of Dekay Beach also finds it in the best interest of its residents to enter
into an Agreement for the treatment of sanitary sewage; and,
WHEREAS, the Agreement, pursuant to Paragraph 15, must be passed by resolution or
ordinance expressly anthoriffmg the execution of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DI~J.RAy BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the Mayor be and is hereby authorized to enter into a revised Sanitary
Sewage Agreement between the Town of Highland Beach, Florida and the City of Delray Beach,
Florida
PASSED this day of
,2004 by the City of Delray Beach, Florida.
ATTEST:
MAYOR
City Clerk
CONTRACT FOR ~ DISPOSAL OF
PRETREATED SANITARY SEWAGE
THIS AGREEMENT, made and entered into this,go t~_ day of ~ ,1999,
by and through the CITY OF DELRAY BEACH, Palm Beach County, Florida, a municipal
corporation, organized and existing under the laws of the State of Florida, hereinafter designated
the "CITY", and the TOWN OF HIGHLAND BEACH, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter designated the "CUSTOMER"; and
WHEREAS, the CITY owns and operates a Wastewater Transmission System and
maintains treatment capacity at the South Central Regional Wastewater Treatment and Disposal
Board's Plant; and
WHEREAS, the CUSTOMER owns and operates a sewage collection system with a
transmission system discharging wastes into the CITY's Wastewater Transmission System; and
WHEREAS, the CITY and CUSTOMER on May 14, 1969 entered into a contract,
hereinafter referred to as Disposal Contract for the disposal of pretreated sanitary sewage
under which the CITY was to dispose of the sanitary sewage of the CUSTOMER; and
WHEREAS, the CITY and CUSTOIV~.R, on October 21, 1969, entered into a
supplemental agreement number 1 to the Disposal Contract; and
WHEREAS, the CITY and CUSTOMER, on June 2, 1981, amended the agreement to
alter the rate charged under the agreement; and
WHEREAS, the CITY and CUSTOMER, on June 30, 1992, amended the agreement to
allow the CITY to charge for an additional twenty-five pement (25%) surcharge above the
CITY's expenditures to any user required to comply with the IPP requirements; and
WHEREAS, the Disposal Contract expired upon May 14, 1999; and
WHEREAS, the CUSTOMER has requested the CITY continue to make available
capacity in the Wastewater Transmission System and for the disposal of sanitary sewage from
the CUSTOMER's sewage collection and transmission system; and
WHEREAS, the CITY is willing to maintain provision of the sewage disposal service
described herein, if all of the terms and conditions hereina~er shall be observed and carried into
effect.
THEREFORE, in consideration of the mutual promises herein contained and other good
and valuable considerations, the parties hereto do covenant and agree as follows:
1. Disposal Service. The disposal service made available by the CITY to the
CUSTOMER shall be for the gallonage capacity and service area described as follows:
GALLONAGE CAPACITY: The gallonage capacity which the
CITY shall make available to the CUSTOMER for disposal of
sanitary sewage into and through the CITY's Wastewater
Transmission System shall be up to and including a maximum
peak load of 80 million gallons per month.
SERVICE AREA: The service area from which the CITY agrees
to accept prelxeated sanitary sewage for disposal into and through
the CITY's Wastewater Transmission System shall be limited to
the present municipal boundaries of the CUSTOMER as they exist
at the date of execution of this Agreement.
In the event the CUSTOMER desires to service areas or increase the gallonage capacity in
addition to that above described, and desires to dispose of sanitary sewage frOth such areas or
increase in gallonage capacity delivered to the Wastewater Transmission System, request for
such additional service area or gallonage capacity shall be made in writing to the CITY and shall
include the estimated peak flow. With respect to any such proposed increase in service area, or
any service area other than that above described, the CITY reserves the fight to approve or
disapprove any such increase or expansion and further reserves the right to make a separate
contract for such increased or expanded service area.
2. Prohbited Discharges; Treatment; Maintenance; Inspection. The
CUSTOMER agrees that it shall not discharge or cause to be discharged into the CITY's
Wastewater Transmission System any wastes or materials which will be detrimental to the
proper operation and function of the Delray Beach system, and it is hereby covenanted and
agreed that no surface drainage water or ground water infiltration shall be permitted to be
discharged into the disposal system. It is hereby further covenanted and agreed that the
CUSTOMER shall at all times maintain and operate its sewerage system in accordance with but
not limited to the requirements of the United States Environmental Protection Agency and the
Florida State Department of Environmental Protection. The sewage to be discharged into the
CITY's system shall meet the degree of treatment as provided at the present or in the future by
the Florida State Department of Environmental Protection. The cost of all maintenance of the
CUSTOMER's collection and transmission systems shall be paid by the CUSTOMER. The
CITY reserves the right to inspect the CUSTOMER's collection and transmission system if it has
found that a violation exists, to ascertain that it is being maintained in accordance with the
requirements of this paragraph. For purposes of making such inspections, the CITY shall have
the right to enter the service area or property of the CUSTOMER as may be required or
necessary under the circumstances, after having called CUSTOMER personnel and given them
an opportunity to accompany CITY personnel in such inspection. The CITY and the
CUSTOMER both agree to carry such liability insurance as would protect the other when either
enter onto the property of the other for any purpose authorized in this Agreement.
3. Sampling. The quality limitations of Paragraph 2 shall apply to concentrations or
other physical or chemical characteristics obtained by analysis of a composite sample of the
waters or waste received by the CITY in any 24-hour period, proportioned to flow. Periodic
quality control tests shall be performed by the CITY. The CUSTOMER shall have the right to
perform such quality control tests as it desires at the point of connection between its sewage
collection and transmission system and the CITY's Wastewater Transmission System.
4. Sewage Meter. The existing master sewage meter located immediately north of
the northern terminus of the aforesaid CUSTOMER's transmission line, but in the corporate
limits of the CITY, shall continue to be read and maintained by the CITY. In the event such
meter shall for any reason fail to function, or be substantially inaccurate, for any period of time,
the flow for such period of time shall be estimated on the basis of past records. The
CUSTOMER shall have the right to have its personnel accompany CITY personnel in meter
reading and to make inspections and tests in company with CITY personnel at reasonable
intervals to verify the accuracy of the meter.
Sewage Meter Facilities. It is understood and agreed that suitable facilities will
be provided at the meter for the purpose of taking samples for making laboratory tests and
analyses as regard the degree and quality of sewage introduced into the CITY's system.
6. Required Pressure. The CUSTOMER agrees to maintain, at the point of
connection between the CITY's Wastcwater Transmission System and the CUSTOMER's
sewage collection and transmission system, a pressure in accordance with sound engineering
design requirements and such as will allow proper velocities and operation in conjunction with
the operation of the CITY's Wastewater Transmission System.
7. Disposal Rate. The CUSTOMER agrees to pay the CITY for disposal of its
sewage through the CITY's Wastewater Transmission System as per the current rate as listed in
Section 53.130(G)(2) of the Code of Ordinances of the City of Delray Beach, as may be
amended from fi_me to time. It is agreed that when cost to the CITY of providing sewage
disposal service to the CUSTOMER either increases or decreases, such increase or decrease shall
be passed on to the CUSTOMER as an increase or decrease in the rate charged to CUSTOMER,
as the circumstances dictate. The CITY shall give the CUSTOMER thirty (30) days advance
notice before any such change in the rate shall go into effect.
8. Meter Readings. The meter readings shall be taken by the CITY on or before the
30t~ day of each month. Billing shall be issued monthly by the CITY and the billings shall
become due and payable within ilfteen days from the date of billing.
9. IPP Requirements. The CUSTOMER authorizes the CITY to be its authorized
IPP coordinator. The CITY has full rights and authority to issue permits associated with the IPP
and to enforce violations within the CUSTOMER's city limits in accordance with CITY's IPP
ordinance, as may be amended from time to time. Due to the increased cost of regulating outside
of the CITY's limits, CUSTOMER agrees to allow the CITY to charge an additional twenty-five
pement (25%) surcharge above the CITY's expenditures to any user required to comply with the
IPP requirements. CUSTOMER agrees to cooperate and assist the CITY in enfoming any
violations within CUSTOMER's city limits.
I0. Enforcement of Repair and Maintenance Ordinance. The CUSTOMER
agrees to enforce an ordinance outlawing the repair and maintenance of septic tanks within its
corporate limits and within the feasible collection area, and further to enforce legislation
requiring the hook-up to its sanitary system within ninety (90) days from said date that service
from its system is available.
I 1. Correction of Violation. The CUSTOMER shall have fifteen (15) days, or such
greater time as may be required, if CITY approves in writing, to correct any violation of the
provisions of this contract brought to CUSTOMER's attention by a written notification from the
CITY sent by registered or certified mall to the CUSTOMER. If such violation continues after
the expiration of the 15-day grace period, liquidated damages in the amount of one hundred
dollars ($100) per day may be assessed by the CITY against the CUSTOMER for each day said
violation is known to continue. The CUSTOMER shall not be liable or pay any damages to the
CITY under this clause for a violation not under their control caused by an Act of God, fire
strike, casualty, necessary maintenance work, breakdown of or injuries to machinery, pumps or
pipe lines, civil or military authority, insurrection or riot.
12. Indemnification. The CUSTOMER agrees to indemnify, defend and hold
harmless the CITY for any litigation, damages, or both, including attorneys' fees and court costs,
resulting from the effects of CUSTOMER's improper introduction into the CITY's Wastewater
Trannmission System of any solid, liquid, gas or other effluent, which may cause damage, either
within or without the Wastewater Transmission System, including but not limited to fish kills,
undesirable floating matter and explosions.
13. Unavoidable Temporary Cessation of Disposal. Any temporary cessation of
disposal of sewage caused by an Act of God, fire, strike, casualty, necessary maintenance work,
breakdown of or injuries to machinery, pumps or pipe lines, civil or military authority,
insurrection, or riot shall not constitute a breach of this Agreement on the part of the CITY, and
the CITY shall not be liable to the CUSTOMER or its inhabitants for any damage resulting from
such cessation of disposal. In case of a partial cessation of service, the CUSTOMER shall be
treated like all other sewage facilities using the Wastewater Transmission System.
14. Term of Agreement. This Contract shall be and remain in full force and effect
for and during a period of thirty (30) years fxom and after the /.afl day of ~,~-~; ,
1999, provided, however, that this Contract may be terminated or modified at any time by
written mutual consent and agreement of the parties hereto. The Contract shall inure to and be
binding and in full force and effect upon all successors of each of the parties hereto, and shall not
be assigned by either party without the written consent of both parties.
6
15. Ordinance or Resolution Required. This Contract shall be subject to the
condition that before it shall be binding on any of the parties hereto, the CITY and the
CUSTOMER shall pass an ordinance or resolution expressly authorizing the execution of this
Contract.
16. Rights and Remedies. In the event either of the parties shall fail to perform any
of the covenants hereunder, the other party shall have, in addition to and without prejudice to any
other rights or remedies it may have, the immediate right to mandatory injunction or such other
judicial process or order as shall be necessary and proper for enforcing the performance thereof.
17. Invalid Provision; Impossibility or Impracticability. In the event a court of
competent jurisdiction declares a section or provision of this Contract invalid for any reason,
such invalidity shall not affect the remaining sections or provisions of this Agreement which
shall continue in full force and effect, if the remaining portions constitute an enforceable
agreement. In the event such a judicial declaration results in frustration of the purpose of this
Contract or makes the performance of this Contract impossible, such adjustments as may be
equitable shall be made.
18. Third Parties Unaffected. Nothing in this Agreement, whether express or
implied, is intended to confer any rights or remedies under or by reason of this Agreement upon
any person other than the parties hereto and their respective heirs, successors, legal
representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or
discharge the obligation or liability of any third persons to any party to this Agreement, nor shall
any provision thereof give any third person any right of subrogation or action over or against any
party to this Agreement.
IN WITNESS WHEREOF, the CITY OF DELRAY BEACH, acting by and through its
City Commission as the governing body, has caused this Agreement to be executed in its name
and on its behalf by the Mayor of said Commission, its official seal to be hereunto affixed,
attested by the Clerk of said City, and the TOWN OF HIGHLAND BEACH, acting by and
through its official governmental body, has caused this Agreement to be executed in its behalf by
its legal and official representative, its official seal to be hereunto affixed, attested by the Clerk
ofsald City,
the day and year first above written.
ATTEST:
City Clerk
(SEAL)
CITY OF DELRAY BEACH, FLORIDA
A T:
(SEAL)
A~mey ~r~HIg~and Beach~
TOWN OF HIGHLAND BEACH
Pak, n, Be~/l~2ounty, Flori~ ~
By:
Thomas Reid, M~tyor