495-Emergency Water Supply EMERGENCY WATER SUPPLY INTERCONNECT AGREEMENT
THIS AGREEMENT is made and entered into this /2+~ day of
, A.D. 1993, by and between the CITY OF SANFORD,
a political subdivision of the State of Florida, whose address is
Post Office Box 1788, Sanford, Florida 32772-1788, hereinafter
referred to as SANFORD, and UTILITIES, INC. OF FLORIDA, a Florida
corporation, whose address is 200 Weathersfield Avenue, Altamonte
Springs, Florida 32714, herein~fter referred to as THE UTILITY.
WITNESSETH
WHEREAS, SANFORD operates water treatment and distribution
systems located in the City of Sanford; and
WHEREAS, THE UTILITY operates water distribution systems and
a water treatment system and desires to utilize the SANFORD water
supply system for an emergency water supply source; and
WHEREAS, THE UTILITY has been encouraged by the State of
Florida, Department of Environmental Regulation to seek a
secondary service pursuant to their emergency water supply needs;
and
WHEREAS, the parties desire to enter into an Emergency Water
Supply Interconnect Agreement to provide emergency water service
between SANFORD and THE UTILITY upon the terms and conditions
hereinafter set forth.
NOW, THEREFORE, in consideration of the premises hereof and
in consideration of the mutual advantages arising hereunder and
of other good and valuable consideration, the receipt and
sufficiency whereof is hereby acknowledged, the parties hereto
agree as follows:
1. SERVICE AND PRICE. SANFORD agrees to supply emergency
water service to THE UTILITY for a price of $1.77 per !,000
gallons plus a fixed monthly charge based on meter size. This
price may be revised from time to time by SANFORD as determined
by the City Commission. Sanford shall charge the UTILITY at
these rates only if the valve to the interconnect is open. If
the valve is closed, a monthly bill will not be charged. A
minimum bill to the UTILITY, if the valve is open, shall include
the water usage charge plus fixed base charge regardless of the
number of days the valve was opened during the month.
2. TERM. This Agreement shall continue in effect from the
date of completion execution and delivery hereof and thereafter
until terminated by mutual agreement, or until this Agreement is
terminated by either party with thirty (30) days written notice.
3. TEMPORARY UTILIZATION OF INTERCONNECT. It is further
agreed that the emergency water supply interconnection shall be
utilized only atthe time of equipment failure or other emergency
conditions to relieve a temporary cessation of water service.
The interconnection is not to be used to provide permanent
service for any portion of THE UTILITY'S average or peak daily
flow.
4. BILLING AND PAYMENT. All charges provided for in
Paragraph 1 shall be paid byTHE UTILITY, within twenty-one (21)
days of receipt of the corresponding bill. Prompt payment by the
receiving party is of the essence of this Agreement. If any
payment is not made in full when due, there shall be a delinquent
fee in the amount of five percent (5%) of the balance due, plus
any legal and administrative costs resulting from the delay in
payment or enforcement of same.
5. PLANS AND SPECIFICATIONS. THE UTILITY shall provide
for the engineering plans and specifications for the
interconnection which shall be acceptable to both parties and
subject to the Florida Department of Environmental Regulation
approval. THE UTILITY shall be responsible for the installation,
maintenance, and operation of a suitable water flow meter,
backflow preyenter and pressure regulating valve at the point(s)
of interconnection. Cost of a water flow meter and appurtenances
shall be paid by THE UTILITY. The meter(s) shall be calibrated
annually at THE UTILITY'S cost with theresuits sent to SANFORD.
THE UTILITY shall pay all construction costs of the
-2-
interconnection for the water distribution system and said
construction and interconnection shall be subject to the
supervision, inspection and approval of SANFORD's Director of
Utilities and THE =UTILITY'S Engineer.
6. MAINTENANCE, OPERATION AND REPAIR. The entire water
system of SANFORD and THE UTILITY shall, at all times, be
maintained, operated and kept in a state of repair which shall
meet all rules and regulations of all governmental agencies
having jurisdiction thereof, including the Florida Department of
Environmental Regulation and the U.S. Environmental Protection
Agency. The wa%er meter and associated backflow preventer,
valves and pressure regulating valve shall be maintained by THE
UTILITY. The backflow preventer shall be tested annually by THE
UTILITY at their cost. This testing program shall comply with
SANFORD requirements.
7. COLLECTION OF CHARGES. SANFORD and THE UTILITY shall
each be responsible for the Collection of the service charges for
each unit being served within their respective jurisdictions.
The failure to collect such service charge or feeshall not
relieve THE UTILITY from paying to SANFORD the charges as set
forth in this Agreement.
8. RECLAIMED WATER USE. THE UTILITY shall allow residents
of this area to utilize reclaimed wate~ from SANFORD, if and when
available from SANFORD. Residents shall be required to abide by
all SANFORD reclaimed water rules and regulations if they choose
to participate in the program.
9. NON-PERMITTED USE. Both parties agree that they will
not allow any illegal, unauthorized or non-permitted use of the
service interconnections.
10. AVAILABILITY OF SERVICE. SANFORD agrees to make
available emergency service as soon as the emergency
interconnection between SANFORD and THE UTILITY systems has been
completed in accordance with the approved plans and
specifications.
-3-
11. CURTAILMENT OF SERVICE. SANFORD and THE UTILITY
stipulate that emergency water supply may be curtailed or
terminated by SANFORD in the event of a simultaneous emergency
water need which would jeopardize water service to existing
SANFORD customers.
12. TEMPORARY CESSATION OF SERVICES. It is agreed that any
cessation of water distribution services by SANFORD shall not
constitute a breach of this Agreement, and neither party shall be
liable to the other for damages resulting from such cessation of
service.
13. SEPARATE AND DISTINCT AGREEMENT. Both parties agree
that this Agreement is separate and distinct from any existing or
future agreement executed between SANFORD and THE UTILITY for the
purchase or sale of water service and this Agreement is for the
sole purpose of addressing any Emergency Water Supply
interconnect between SANFORD and THE UTILITY.
14. ASSIGNMENT. This Agreement shall be binding on the
parties hereto and their representatives and successors. Neither
party shall assign this Agreement or the rights and obligations
to any other party.
IN WITNESS WHEREOF, the parties hereto have executed this
instrument on the day, month, and year first above written in two
(2) counterparts, each of which shall be deemed an original.
ATTEST: UTILITY, INC. OF FLORIDA
ATTEST: CITY OF SANFORD, FLORIDA
-4-