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Agenda 02/24/2009 Item #16E 7 EXECUTIVE SUMMARY Agenda Item No. 16E7 "ebruary 24,2009 Page 1 of 18 Recommendation to approve a change in wastewater treatment service for the Collier County Government Complex from the City of Naples to the Collier County Water-Sewer District and to approve the "Interlocal Service Agreement and Accord and Satisfaction" with the City of Naples to supersede an existing 1977lnterlocal Agreement. as amended. OBJECTIVE: To approve a change in wastewater treatment service for the Collier County Government Complex from the City of Naples to the Collier County Water-Sewer District (CCWSD) and to approve the "Interlocal Service Boundary Agreement and Accord and Satisfaction" with the City of Naples to supersede an existing 1977 Inter-local Agreement, as amended. CONSIDERATIONS: The wastewater treatment service for the Collier County Government Complex is being provided by the City of Naples. The County Government Complex is within the boundaries of the Collier County Water-Sewer District (CCWSD), but in an area served by the City of Naples. At the time of the original agreement in 1977, the County did not have wastewater service available at the County Government Complex. The Shadowlawn Elementary School also receives City wastewater service. The agreement iderttifies a methodology to "swap" flows through existing interconnects constructed on the County Government Complex and on the corner of North Horseshoe Drive and Airport Road. Sewer flows from the County Government Complex and Shadowlawn Elementary School will be diverted to the County's wastewater system, and sewer flows from the Horseshoe Area will be diverted to the City's wastewater system. Annually, the City and the County will determine sewage flow equivalency transfers and will adjust sewer flows appropriately as outlined in the agreement. LEGAL CONSIDERATIONS: The proposed agreement is legally sufficient for Board action. This is a regular item requiring simple majority vote. -JAK FISCAL IMPACT: Funds in the amount of $243,159.25, summarized below, are available in the project budget (Project #301-52005). Connect Shadowlawn Elementary School Upgrade Horseshoe Interconnect Reimburse City of Naples for Interconnect Reimburse CCWSD for Interconnect Total $ 50,000.00 $ 55,000.00 $ 50,935.62 $ 87,223.63 $243,159.25 The CCWSD originally paid $138,159.25 to construct the interconnect under the premise that it would only be used for emergencies. The City reimbursed the CCWSD $50,935.62. This agreement contemplates that this is at least a 30 year agreement to provide services. As such, this agreement is not to the direct benefit of the CCWSD's customers. Therefore, the County will reimburse the CCWSD $87,223.63 (the difference between $138,159.25 and $50,935,62). Additionally, the 25% water and wastewater surcharges will no longer apply to City billings to the County Government Complex, resulting in future County savings on the City's water and wastewater bills. This Agreement expressly waives any claim the City may have for previously billed and unpaid surcharge fees. GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management and the Main Government Complex Master Space Plan. RECOMMENDATIONS: That the Board of County Commissioners approves the changes In wastewater service for the Collier County Government Complex and Shadowlawn School Elementary, and approve the "Inter-local Service Boundary Agreement and Accord and Satisfaction" with the City of Naples. ..-- PREPARED BY: Skip Camp, CFM, Director, Facilities Management Department Page I of 1 Agenda Item No. IcE? February 24, 2009 Page 2 of 18 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number: 16E7 Item Summary: Recommendation to approve a change in wastewater treatment service for the Collier County Government Complex from the City of Naples to the Collier County Water~Sewer District and to approve the Interlocal Service Agreement and Accord and Satisfaction with the City of Naples to supersede an existing 1977 lnterlocal Agreement as amended. Meeting Date: 21241200990000 AM Prepared By Skip Camp, C.F.M. Facilities Management Director Facilities Management Date Administrative Services 21111200912:10:56 PM Approved By Skip Camp, C.F.M. Facilities Management Director Date Administrative Services Facilities Management 21111200912:18 PM Approved By G. George Yilmaz WasteWater Director Date Public Utilities WasteWater 2/1112009 12:34 PM Approved By Thomas Wides Operations Director Public Utilities Operations Date Public Utilities 2111/2009 1 :29 PM Approved By James W. Delony Public Utilities Public Utilities Administrator Date Public Utilities Administration 2/11/20091 :32 PM Appro\'ed By Len Golden Price Administrative Services Administrator Date Administrative Services Administrative Services Admin. 2/11120092:44 PM Approved B)" OMS Coordinator OMS Coordinator Date County Manager's Office Office of Management & Budget 2/121200910:36 AM Appro\'ed By Susan Usher Senior Management/Budget Analyst Office of Management & Budget Date County Manager's Office 2116120094:08 PM A pprond By James V. Mudd County Manager Date Board of County Commissioners County ivlanager's Office 2i-i Si2fieS 5: 50 PM file:1/C:\AgendaTest\ExDort\ 124-Februarv%2024.%202009\ 16.%20CONSENT%20AGEND... 2/1 R/2009 Agenda item ~~o. H3E7 February 24, 2009 Page 3 of 18 CITY OF NAPLES WATER AND WASTEWATER SERVICE INTERLOCAL SERVICE BOUNDARY AGREEMENT AND ACCORD AND SATISFACTION THIS INTER LOCAL AGREEMENT, (herein "this Agreement") is entered into this day of , 2009, between the City of Naples, Florida ("City") and the Board of County Commissioners of Collier County, F]orida ("County"), as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District ("CCWSD"). ARTICLE ONE BACKGROUND INFORMATION ]. By enactment of City of Naples Ordinance No. 2698 (passed 2nd reading on June ]5, ] 977), the City exercised its Chapter 180, Florida Statutes, power and authority to extend the City's water and wastewater utility facilities into specific geographic areas in unincorporated Collier County as such areas are depicted by a one (l) page map and a twenty-one (2]) page legal description that was attached to and made a part of that Ordinance. 2. The County and the City entered into a Basic Agreement (the "BA") effective October ] 6, ] 977. The origin a] BA addressed only potable water service from the City to specified geographic areas in unincorporated County (as such areas are described by the legal description in Exhibit "A" that was attached to the BA). The following items were attachments to the original BA: a. Exhibit "A" - (2 pages). Page I of Exhibit "A" is a "metes and bounds legal description" of the City's Water Service Area Boundary. Page 2 of that Exhibit "A" is a map (graphic) depicting the then existing geographic boundaries of the City's Water Service Area, b. Exhibit "B" is a I-page map (graphic) entitled "City Franchised Water Service Area.~' c. Exhibit "c" is a I-page map (graphic) denoted as "City Raw Water Transmission Main and Supply Wells." d. Exhibit "D" is a 5-page "preliminary report" (in letter fonn) signed by Ted Smallwood on behalf of "BC&E/CH2M Hill." That Report (at its page 5) states that it is "... a preliminary report intended only to provide general guidance to both the City and County in establishing policy for the future of the respective governing bodies' utilities.'-' Page 1 of I() i\genda item r'~o. 16E7 February 24, 2009 Page 4 of 18 3. Addendum #3 to the BA addressed (for the first time) wastewater service from the City to specified geographic areas in unincorporated Collier County. 4. The original BA has been amended by two (2) "Amendments" and by nme (9) "Addendums." The BA and the eleven (11) amending agreements are: Citv's Authorization Effective Date Item's Description Applicabilitv City Res. No. 2783 October 16, 1977 The Basic Agreement Active City Res. No. 3284 June 20, 1979 Addendum # 1 Added 2 water meter sites City Res. No. 3305 August 1, 1979 Addendum # 2 Added 1 water meter site City Res. No. 3502 April 2, 1980 AMENDMENT # 1 Fully Executed City Res. No. 84-4526 August 15, 1984 AMENDMENT # 2 Fully Executed City Res. No. 84-4598 November 7, 1984 Addendum # 3 Active City Res. No. 86.5136 November 3,1986 Addendum # 4 Fully Executed City Res. No. 86-5160 December 3, 1986 Addendum # 5 Fully Executed City Res. No. 87-5430 :"Iovember 18, 1987 Addendum # 6 Fully Executed City Res. No. 89-5733 February 1, 1989 Addendum # 7 Fully Executed City Res. No. 90-6117 May 16, 1990 Addendum # 8 Fully Executed City Res. No. 91-6347 April 3, 1991 Addendum # 9 Fully Executed Informational Notes: The original BA agreed that the City would supply water at the following four (4) water interconnect locations: U.S. 41 and Thomasson Drive; Radio Road one mile north of Pine Ridge Road; Pulling Road two miles north of Pine Ridge; and U.S. 41 and 91,t Avenue North, Naples Park. Addendum #1 agreed that the City would supply water at the following added two (2) interconnection points: Lakewood Unit #7 - Boca Cieca Drive and Marcor Drive; and Kings' Lake - Evergreen Lake Road in the vicinity of Lakewood Boulevard. Addendum #2 added one (1) additional water service connection point as follows: King's Lake North - Eastern end of Estey Drive. AMENDMENT #1 (a) amended BA paragraph 13 to agree that the City was to quitclaim specified utility facilities to the County regarding the City's water service to the BA's Exhibit B Page 2 of 16 f-\genda item No. '"i GE? February 24. 2009 Page 5 of 18 water service area; (b) added a new paragraph 13A into the BA (regarding planned relocation of City-owned water tank) and (c) amended BA paragraphs 7,8,1] and 21. AMENDMENT #2 (a) added a new subparagraph (h) to BA paragraph 2 (to add one additional connection point to the City's 5 million gallon water storage tank, located at Carica Road, subject to the County assuming permanent water service to the geographic areas described as south of township line between Townships 48 South and 49 South, outside of the City's water service area as depicted on the BA's Exhibit "A;" (b) Amended the BA's paragraph 3 to establish a rate payment formula applicable to only BULK water sold by the City to the County; (c) Amcnded paragraph 7 to the BA to agree that the water metcr at U.S. 41 and Thomason Drive \\ould remain in place and continue to be used; (d) Also amended the BA's paragraph 8 to agree that the City could limit the quantities of its supply of BULK rate City treated water; (e) Deleted BA paragraphs 9 and ]0; (f) Amended BA paragraph 12 to agree that the City could limit the quantity of the City's supply of BULK water if the County did not commence construction of specified water facilities by January], ] 989; and (g) Amended BA paragraph 13A to agree that the County would pay interest regarding specified construction costs. Addendum #3 acknowledged that the City was serving (and would continue to permanently serve) twenty-two (22) geographic areas listed thcrein with wastewater service and also agreed to many specifics regarding that wastewater service. Paragraph 7 in Addendum #3 refers to then existing contingencies regarding possible wastewater service from the City to the Pine Ridge Industrial Park. (Permanent wastewater service to the Pine Ridge Industrial Park is currently being provided by the CCWSD.) Addendum #4 transferred the Pelican Bay Improvement District to the CCWSD for permanent potable water service and transferred the following (as therein described) water service sites: Located on the west side of Airport Road and south of Pine Ridge Road) to the City for permanent wastewater service from the City: Bear's Paw, Poinciana Village, Poinciana School, Pine Woods, Naples Bath and Tennis, and The Falls. Addendum #5 transferred the Sutherland Center to the City for five (5) years of interim water service from the City. (The CCWSD now supplies pennanent water service to the Sutherland Center.) Addendum #6 agreed that the City would provide interim water service to the Pine Ridge Middle Schoo!. (The CCWSD now supplies pennanent water service to that schoo!.) Addendum #7 agreed that the City would provide interim water service to the East Naples Community Park. (The CCWSD now supplies pennanent water service to that Park.) Addendum #8 agreed that the City would supply bulk potable water service to the Wyndemcre Subdivision. (The CCWSD now supplies pem1anent water service to that subdivision) Addendum #9 agreed that the City would provide interim water service to the North Nap]es Fire Station. (The CCWSD now supplies pelmanent water service to that Fire Station.) 5. Only the original BA (regarding water service), and }l.n1cndmcnt #2 (an1cnding the BA's Paragraph 3 to create a rate payment formula applicable to BULK water sold by the City to the Page J of ] 6 Agenda Item No. ioE7 February 24, 2009 Page 0 of 18 County), and Addendum #3 (regarding City wastewater service to twenty-two listed geographic areas) have provisions that have not been fully executed. All of the other ten (10) above-listed items have been fully executed. Several of those items applied for limitcd time periods that have come and gone. 6. Except as provided in paragraph 5, above, this Agreement cancels and supersedes the BA, the two (2) amendments to the BA and the nine (9) addendums to the BA. This Agreement does not affect any previously executed aspect of the BA, or any amendment or addendum to the BA, such as and without limitation: (a) transfer of title to any real property and/or any previously executed transfer of title to any personal property; (b) any prior grant of, transfer of, or any other right to use any property including easements; nor (c) any prior grant of any right to use personal property. This Agreement does not affect any now existing water interconnection service site, any right of any water or sewer service customer or service site, or any third party beneficiary. 7. Term of this Agreement. This Agreement shall continue for a period of thirty (30) years unless terminated in writing by the City and the County. 8. Amendments to this Agreement. This Agreement shall be amended only by written amending agreement(s) executed by the City and by the County and which shall include the following example (title): "This First Amending Agreement amends the 2009 City of Naples, Collier County Interlocal Agreement - Accord and Satisfaction." The Second Amending Agreement shall be titled "This Second Amending Agreement...." 9. Successors and Assigns. This Agreement shall be binding on the successors and/or assigns, if any, of the City, the County and/or the CCWSD. 10. Definitions. "Complex" refers to the present County Government Complex. "County" means "Collier County." "CCWSD" means "the Collier County Water-Sewer District." "Imputed sewer service gallonage" means the quantity of sewer service gailonage determined by a percentage of water supplied by the City to the respective service site or service geographic area. "Horseshoe Drive Areas" refers to the South Horseshoe Drive Area/Collier Industrial Park, plus the Coconut River Estates Area (in residential use), and plus the River Reach Area (in residential use). "In-City rates" means City water service rates and/or sewer service rates that do Page 4 of16 b,genda !tem No, 16E7 February 24,2009 Page 7 of 18 not include any surcharge. "Out-of City rates" means City water service rates and/or sewer service rates that can include the City's discretionary 25% surcharge. "Meter measured gallonage" refers to the gallons of water and/or sewage gallonage measured by a water meter. In that sewer flow meters are inaccurate, sewer flow equivalency will be based upon the metered water bill. "School site" refers to the Shadowlawn Elementary School site. "Sewer" and "wastewater" are synonymous. "Surcharge" means the City's Subsection 180.191 (1 )(a), Florida Statutes. twenty-five percent (25%) surcharge. ARTICLE TWO CITY'S EXISTING WATER AND SEWER SERVICE TO UNINCORPORATED AREAS OF COLLIER COUNTY 1. CITY'S EXISTING WATER SERVICE AREA BOUNDARIES IN UNINCORPORATED COLLIER COUNTY. The geographic houndaries of the City's existing water service areas in unincorporated Collier County arc depicted in Exhibit "A" attached to this Agreement. Pursuant to this Agreement, the City shall continue to provide those water services to those geographic areas. 2. CITY'S EXISTING SEWER SERVICE AREA BOUNDARIES IN UNINCORPORATED COLLIER COUNTY. The geographic boundaries of the City's existing sewer service areas in unincorporated Collier County arc depicted in Exhibit "A" attached to this Agreement. The City shall continue to provide its sewer service to those geographic areas, excepting only the Complex and the School site. Throughout the teml of this Agreement the City's sewer rates, fees and charges to be applied to the Complex shall be and remain the same as the City's then existing in-City sewer rates, fees and charges as set forth in the City of Naples Utilities Rate Schedule for Commercial Customers. For sewer rates fees and eharge purposes, throughout this Agreement, the Complex shall be treated as if it is physically located within the City's geographic boundaries. Those geographic areas at the time of this Agreement are depicted in Exhibit "A" attached to this Agreement. ARTICLE THREE I. WATER AND SEWER SERVICE TO THE COMPLEX. SCHOOL SITE. AND THE HORSESHOE DRIVE AREAS. Page 5 of 16 Aoenda Item No. 16E7 ~ February 24.2009 Page 8 of 18 A. Citv Water Service to School site. The City shall continue to supply water service to the School site, shall invoice the school site and retain all such water service revenues. B. Citv Water Service to the Complex: Rates: Minimum Water Pressure. The City shall continue to supply water service to the Complex. The City shall apply its generally applicable in-City water service rates to the Complex as set forth in the City of Naples Utilities Rate Schedule for Commercial Customers (no water surcharge). Provided an adequate and appropriate meter size is in use, the water pressure shall not be less than fifty (50) pounds per square inch as pressure tested at the water meters that interconnect that water to the Complex. C. Sewer Service Supplied bv the Citv to the Complex and School Site Transferred to the CCWSD: Citv Sewer Rates to School Site. The City has been supplying sewer service to the Complex and School site (through the Linwood Avenue force main). At no cost to the City, the County will disconnect the Complex and School site from the Linwood force main and concurrently connect both of these two service sites to the CCWSD's sewer system. This Agreement does not control the City's sewer rates to be applied by the City to the School site. Applying the City's then generally applicable sewer service rates, the City shall collect and retain all of those revenues. D. Sewer Gallonage Imputed to the School site. Each billing-cycle the sewer service gallonage to be imputed to the School Site shall be fixed by applying 100% of the City's metered water gallonage supplied to the School site. E Ouantitv of Sewer Service Imputed to the Complex - City's in-City sewer service rates, The sewer service gallonage to be imputed to the Complex shall be fixed by 100% of City meter measured gallons of only the "net potable water" supplied to the Complex each City billing-cycle. The following City supplied water shall be excluded to calculate the sewer service gallonage imputed to the Complex: City water for llTigation: City water for use by the County's cooling tower; and City water for other future water uses, if any, if that water will not increase the sewage gallonage coming from the Complex (into the CCWSD's sewer system). The City shall apply its generally applicable in-City sewer service rates to the Complex as set forth in the City of Naples Utilities Rate Schedule for Commercial Customers (no sewer surcharge). For these sewer rate purposes the Complex shail be treated as if it is (and remains) wholly within the City's geographic boundaries. 2. THE HORSESHOE DRIVE AREAS: WATER AND SEWER SERVICE TO THESE AREAS: SEW AGE EOUALIZA TION TRANSFERS FROM CCWSD TO CITY. Page 6 of 16 ,b.Q'3nda Item No. 16E7 Febru3ry 24, 2009 Page 9 of 18 A. City Water Service to the Horseshoe Driye Areas. The following three geographic areas are referred to in this Agreement as the "Horseshoe Drive Areas": (J) South Horseshoe Drive/Collier Industrial Park (the "Park") which is in industrial or commercial uses; (2) the Coconut River Estates, and (3) the River Reach area, which are both in residential uses. The City will continue to supply water to these areas by applying the City's then generally applicable water service rates. The Horseshoe Drive Areas are depicted in Exhibit "B" attached to this A greem en t. B. Transfer of the Horseshoe Drive Areas Sewer Service from the CCWSD to the City. As contemplated by paragraph 5 of an Interlocal Service Boundary Agreement between and among the City, County and the East Naples Fire Control and Rescue District dated November 2, 2007, in conjunction with the Collier Park of Commerce annexation (OR: 4298, PG 2715, Public Records of Collier County), the City shall provide sewer service as soon as possible, to the Horseshoe Drive Areas (through the Horseshoe Drive Interconnection - See Paragraph E, below), C. Sewer Service Gallonage to the Imuuted to the Horseshoe Drive Areas. The amount of City supplied sewer gallonage to be imputed to the Park area shall be fixed by 100% of the metered water gallons supplied by the City to the customers in the Park area during each billing-cycle. The amount of sewer service gallonage to be imputed to the Coconut River Estates and to the River Reach areas shall be eighty percent (80%) of the City's metered water gallonage supplied to those areas each City billing-cycle. D. Sewer Service to the Horseshoe Drive Areas. The CCWSD has been providing sewer service to the Horseshoe Drive Areas, and by agreement with the CCWSD, applying the CCWSD's sewer service rates, the City has been collecting these revenues and has been remitting those revenues to the CCWSD. The City shall continue to collect those revenues from the customers in the Horseshoe Drive Areas and shall continue to remit those sewer service revenues to the CCWSD. By means of the sewage equalization transfers (See Paragraph E, below), and that the School administration shall pay the City for the sewer service gallonage impuied io the School siie (as invoiced by the City to the School siie), and that the County shaH pay the City for the sewer service gallonage imputed to the Complex (as invoiced by the City to the County), the City will thereby be paid in full for the sewage equalization transfers delivered to the City through the Horseshoe Drive Interconnection (the net result being the same as if thai sewage gallonage is delivered to the City's system from the Complex and from the School site). Page 7 of 16 Agenda item No. 16E7 February 24, 2009 Page 10 of 18 This interconnection point is located near the southwest comer of Airport Pulling Road and North Horseshoe Drive (The location is depicted on Exhibit "C" attached to this Agreement), E. Sewage Flow Equivalency Transfers. The intent of this Agreement is that, equivalent sewer flows will be diverted to the City, as measured by the City of Naples metered water bill. The amount of equivalent sewage to the City's sewer system from the area (as described in Article Three, item 2.A.) connected to the Interconnect ("I/C") will be diverted by the CCWSD opening the I/C located at the southwest comer of Horseshoe Drive and Airport Pulling Road. Throughout the first year of the agreement, the staffs of City of Naples and the CCWSD will jointly monitor the City of Naples Water bills to determine equivalent sewer flows as noted in other sections (Article Three, item 1. D., item 1. E., and item 2.C.) of this agreement. After the first year of execution of this agreement, equivalent sewer flows will be adjusted in the months following based on the joint agreement between the CCWSD and the City of Naples staff. If all possible flow from the area connected to I1C and diverted to the City at maximum hydraulic flow capacity of the I1C, said flow will be deemed equivalent. The process described herein will be repeated each year fo llowing the first year during the life of this agreement. F. Reimbursement Pavment from Countv to Citv re!!arding the Horsesboe Drive Interconnect. The CCWSD has expended $138,159.25 to interconnect a CCWSD-owned wastewater force main to the City's wastewater facilities for delivery of sewage into the City's wastewater system from the CCWSD andlor from the City's system into the CCWSD'S system during emergencies. The CCWSD managed and paid for that work and the City paid the CCWSD already incurred costs of $50,935.62. As this interconnection is not to be limited to emergencies, the County will promptly remit the already incurred costs to the City. Page 8 of ] 6 A;)e:-:da Item t~o, '1 (3E7 February 24, 2009 Page 11 of 18 3. LINWOOD AVENUE FORCE MAIN OUIT-CLAIMED TO COUNTY. Only the Complex and the School site (until such service is soon to be transferred from the City's system to the CCWSD's system) are supplied with sewer service through a six-inch (6") wastcwater force main, referred to in this Agreement as the "Linwood A venue force main." This force main is now of insufficient size to comply with the Florida Department of Environmental Protection's requirements applicable to transfer of the current combined quantities of sewage gallonage from the Complex and the School site to the City's sewer system. This force main shall not provide any service to the School site, to the Complex, nor to any other site after the Complex and the School site are disconnected from this force main. There is doubt regarding ownership of the property title to this force main. To remove this douht the City hereby quit-claims to the County (not the CCWSD) all rights, title and interests the City has or may have in this force main. At the County's discretion, some or all of this force main (but not the City's lift station) may eventually be removed from the ground at no cost to the City. The location of this force main and lift station is depicted on Exhibit "D" attached to this Agreement. 4. CITY'S UTILITY BILLING ORDINANCE. The City's current water and sewer service rates are listed on a two (2) page schedule attached hereto as Exhibit "E". The Complex shall be treated in the same manner as other City commercial customers. ARTICLE FOUR ACCORD AND SATISFACTION The City and the County agree that this Agreement settles and forever resolves any and all claims and disputes of every description that each party hereto had, may have had, now has or now may now have, against any other party arising out ot~ or associated with, the 1977 Basic Agreement (the "BA") and/or either or both of the BA's two (2) amendments, and/or any of the BA's nine (9) addendums, including with regard to any and all utility rates, fees, charges, surcharges, impact fees, watcr and/or wastewater service, water and/or sewer pressures, water quality, all service area boundaries, and otherwise. ARTICLE FIVE EXHIBITS ATTACHED TO THIS AGREEMENT The Exhibits attached to this Agreement are: Page 9 of 16 ll-<,genda item No. 16E7 February 24. 2009 Pa'de~2of18 1. Exhibit A: The geographic boundaries of the City, the boundaries of the existing water service areas, and the boundaries of the City's existing sewer service areas in unincorporated Collier County. Dcpiction of the Horseshoe Drive Areas Depiction of Horseshoe Drive Interconnection Point Depiction of Linwood Avenue force main point. City of Naples Wastewater and Water Rates 4. Exhibit B: 5. Exhibit C: 6. Exhibit D: 7. Exhibit E: IN WITNESS WHEREOF, the County (including the Collier County Water-Sewer District) and the City hereby entcr into this Interlocal Agreement - Accord and Satisfaction, this day of ,2009. CITY OF NAPLES ATTEST: By: By: BILL BARNETT, MAYOR Tara A. Norman, City Clerk ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT By: , Dcputy Clerk By: DONNA FIALA, CHAIRMAN Approved as to form and legal sufficiency: Approved as to fonn and legal sufficiency: Jeffrey A, Klatzkow County Attorney Robert D. Pritt, City Attorney /revised 2/6/09 12:00 p.m. Page 10 of 16 ~,}\l:,~~~"'/ // " rY,;/ , \'~ , .~ J;r;- , / ~ .Ii; '~ :") ""~ /-,',,' / ' "":1 .' l ~,/ , J ]V'~ ).1 , ~3:;Ju" - / ~ Z.::, I -;;{ ,/ '. r" /~ - ~., "[ . v l':~:' '," ~:, 1'.:;"- _J _ / ~':;r.,.~ _.~' ~ ':":, /' /' ~~""l ~~,:,,~ # "/ ," >~ .--6 i'(/ " ,~ 1/,,\,.J ''> ;,';1,' / )1) / /I,~,(t:/ // \(~" " //~, J'5J"tt~i /' // 'V)<'~- ~-1 .' j' ? / /'. I" I,' l.-t /- ,," I~'/ [7 / . P j \.~ ..1/',; \/ 'i::./ 1._"'- '..' .(I, I".... llit: -," ~/ 'J( I() " 'V,~ ':(.'" , f / ~ / t,~;J )"j ~,{ ,i: i' .f::"~ ~ :,/ l/ i.li%'r,:} /'.' 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'" ... o "t ~ '" " 0.. c- " " c- 8 i;J IJ) '" ~ '0 c c: {g ~ ~ ~ .~ (j) E ~~~g-~ .:i 0 0 :5 >. LL LL 0... if) .. ' L\genca Item No. 16E7 February 24, 2009 Page 17 of 18 Exhibit E ~ 30-36. Water service rates. Meter Size Monthly Base Charge (all Equivalency Factor customer classes) 5/8" :J,.~ &Prime: $ 7.05 1.0 1.0″ 17.62 2.5 1.5″ 35.23 5.0 1.0″ 56.37 8.0 3.0″ ] ]2.74 ] 6.0 4.0″ ] 76.]6 25.0 6.0&Pnme; 351.31 50.0 8.0″ 563.70 mo All customer classes will be charged the base rate according to their actual installed meter size. Monthly Consumption Charge/l ,000 gallons All Customer Classes Block I Block 2 Block 3 Block 4 S/8″-- },″ 0-7,500 7,501-15,000 15.001-22,500 Above 22.500 1.0″ 0-18.750 ] 8,75] -37,500 17 .501-56.250 Above 56250 1.5″ 0 37,500 37.50]-75.000 75.00]-] ]2,500 Above 1 ]1,500 2.0″ 0 60.000 60.001 llo.nOO 120.001 ]80.(]OO Above 180,000 3.0″ 0-]20,1I0(] ]20.00]-240.000 240.011] -360.000 Above 360.000 4.0″ 0-]87,5011 ] 87.50]-375.000 375.001-562.500 Above 562.500 6.0″ 0 375.000 375.001---750,000 750.00 ]-].] 25.000 Above] .125.000 8.0&Prime: (J-6UO,OO{) 600,001-1.200.000 1.200,()Ol-~ 1.800,000 Above] .800.000 Usage rates: Block 1: $1.14 per 1,000 gallons. Block 2: $2.00 per 1,000 gallons. Block 3: S2.85 per 1,000 gallons. Block 4: $3.42 per 1,000 gallons. Irrigation meters are billed in the same way as a potable water meter with the base charges and consumption charges listed here. The bulk potable water rate is $1.85/1 ,000 gallons. This ratc will be adjusted annually as indicated under section 30-33(g). Annual Rate Adjustment by Index. Exhihit E (continued) Page 15 of 16 Agenda Item No. 16E7 February 24. 2009 Page 18 of 18 930-178. Sewer service rate schedule. (1) Minimum monthly charge. Per single-family or multi-family residence. . . . . 16.89 (2) All commercial customers will be charged the base rate according to their actual installed meter size. Monthly Base Charge Meter Size ResidentialiM ul ti~ Fami Iy Commercial 5. . ... 8″--3.. $ 16.89 $] 5.87 .4″(l) 1.0″ 16.89 25.34 ] .S″ 16.89 42.24 2.0″ 16.89 84.47 3.0″ 16.89 135.15 4.0″ 16.89 270.31 6.0″ 16.89 422.36 8.0″ 16.89 844.72 Usage Charge (per] ,000 3.53 3.53 l!al.) (3) Commodity costs. Each single-family dwelling shall have a cap of 10,000 gallons monthly. A cap shall not apply if an irrigation meter, sub-meter, or reclaimed water meter serves the property. All other customers shall be charged per actual water usage gallons. (4) Customers outside city limits. Customers located outside the city limits are subject to a 25 percent surcharge. (5) Irrigation meters. No sewer charges are imposed on irrigation water meter flows. Page16of16