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R13-073 1 RESOLUTION NO. R13 -073 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, RATIFYING THE ACTION TAKEN BY THE SOUTH 5 ; CENTRAL REGIONAL WASTEWATER TREATMENT AND 6 DISPOSAL BOARD, ON JULY 18, 2013, AS STATED HEREIN; 7 AUTHORIZING AND DIRECTING THE CITY MANAGER AND 8 CITY CLERK TO EXECUTE SAID RATIFICATIONS; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board 12 (SCRWTDB) requests ratification of the action taken by the Board at the Quarterly Meeting of 13 July 18, 2013, as set forth in the attached Exhibit "A ". 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH, FLORIDA THAT: 17 18 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 19 being true and correct and are hereby made a specific part of this Resolution upon adoption. 20 21 Section 2. The City Commission does hereby ratify the action taken by the South 22 Central Regional Wastewater Treatment & Disposal Board on July18, 2013, as set forth on the 23 attached Exhibit "A" and authorizes the City Manager and City Clerk to execute said 24 Ratifications. 25 26 Section 3. This Resolution shall take effect immediately upon passage. 27 28 PASSED AND ADOPTED this 6 day of August, 2013. 29 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 33 a"f Y-,9 . . tLr ' u ‘n-/ 34 ! ® M v or — Je , Tayh! 35 36 4„ •.ice /� 37 p ce Ma • oodrow L. Hay 38 ' 39 tir N , 40 omm 'o - -r —/1) avid T. er 41 ATTEST: 42 43 1 Co mission• r Mi el M. " 'tzpatrick 44 ow • fiLl-Lkif-D 46 l '-t M. Prainito, MMC Co missioner- Joe Casello 47 ity Clerk 48 49 (Corporate Seal) ?)l ' 3 - Y3 tTI\ CC O � o � �c a�oa ii y�fios oado° ^ RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO APPROVE THE THIRD AMENDED INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING ( "AGREEMENT ") ON THE EXPRESS CONDITION THAT THIS AGREEMENT SHALL NOT BE FINALIZED BY SCRWT &DB AND DELIVERED TO THE AUTHORITY UNTIL THE AUTHORITY PROVIDES WRITTEN CONFIRMATION THAT IT HAS THE FUNDS ON HAND ($2,037,588.00) TO PAY SCRWT &DB AND THAT UPON DELIVERY OF THE AGREEMENT TO THE AUTHORITY, THE AUTHORITY WILL PAY SCRWT &DB THE SUM OF $2,037,588.00. Note: Per Exhibit 6 of the Third Amended Interlocal Agreement, the Board will fund its portion of the new capital gas blender project in the amount of $110,625.00 from the proceeds derived from the sale of excess capacity. The remaining balance will be returned on a 50/50 basis to each city upon receipt of funds by the Solid Waste Authority. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently T above action is hereby ratified in open session by the City of Boynton Beach this a(o day of , X913 , by a 5 vote ) CITY OF BOYNTON BEACH By: . V�.c -c -4--a -# May.r /City. Manager w -4 Attest: P7 • PA_ . _ ,,,-_,.. t 0 ; „1 C Clerk Approved as to form: •; ) (0) I ,.a.ka- , #Ipy) y ty Attorney v S , c r F IdocsIBOARD MEETI NGSIRATIFICAT IONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx I £IOZ `8I AlfIf 30 sv CITING QUIVOS rIVSOdsIQ QNV imat I.LVI2LL 2Ia,LVMa1SVM 'TV MOI0a2I 'IVHI1M1D HIf1OS (ENV VQRIO73 `AIMf1OD HDV1H IA IVd 1O AJ IUGH,Lf1V L LSVAA QI'IOS MIL NII1M MI ONII'IDADD21 QNV OMISSaDOUId SQPIOSOIf 2103 imatvNNWIOV 1N11%JN 1LAOO 'IVDO121a1MI TABLE OF CONTENTS Article I Definitions and Entire Agreement Page 1.1 Definitions 4 1.2 Entire Agreement 8 Article II Construction and Payment for Construction 2.1 Commitment to Construct and Operate 9 2.2 Payment of Capital Costs; Utility Capacity 9 2.3 BPF Capacity 10 Article III Operations and Management 3.1 Commitment to Supply Biosolids 10 3.2 Commitment to Accept and Process Biosolids 11 3.3 Biosolids Processing Facility Operations 11 (a) Receiving Hours 11 (b)O &MPlan 11 (c) Laws, Rules, and Regulations 11 (d) Biosolids Quality 11 (e) Rejection of Deliveries of Unacceptable Biosolids 11 (f) Weighing and Record Keeping 12 Article IV Payment 4.1 Monthly Payment 12 4.2 0 & M Costs /Ton and Reconciliation 12 (a) 0 & M Costs /Ton 12 (b) Annual Reconciliation to the Monthly Payment 12 4.3 Uncontrollable Circumstance and Performance 13 4.4 Changes in Laws 14 (a) Changes in General Laws 14 (b) Change in Environmental Law 14 Article V Term 5.1 Term 14 Article VI Dispute Resolution 6.1 Dispute Resolution 15 6.2 Payments Upon Resolution 15 Article VII Indemnification 7.1 Indemnification 15 7.2 Survival 16 2 Article VIII Miscellaneous 8.1 Representations, Warrantees, Approvals 16 8.2 Amendment and Modification 16 8.3 Notices 16 8.4 Assignment 17 8.5 Severability 17 8.6 Termination of Prior Interlocal Agreement 17 Exhibit I — Summary of Capital Costs and List of Original Participants and Shares 19 Exhibit II - Biosolids Quality Specifications 21 Exhibit III -O & M Costs /Ton and Adjustments 22 Exhibit IV -D & C Agreement 23 Exhibit V -0 & M Agreement 24 Exhibit VI -Gas Blender Purchase Price 25 3 THIRD AMENDED INTERLOCAL GOVERNMENT AGREEMENT FOR BIOSOLIDS PROCESSING AND RECYCLING THIS THIRD AMENDED AGREEMENT, hereinafter called the "Agreement ", is made and entered into this day of , 2013 by and between SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, an independent special district of the State of Florida, hereinafter called the "Utility ", and the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, a special district created pursuant to Chapter 75 -473, Laws of Florida, as amended, hereinafter called the "Authority ". WITNESSETH WHEREAS, the Utility owns, operates, and manages Wastewater Treatment Facilities (as defined herein); and WHEREAS, such Wastewater Treatment Facilities generate domestic wastewater residuals referred to as Biosolids (as defined herein) as a residual of the treatment process; and WHEREAS, the Utility desires to secure an efficient, long -term, and environmentally sound method to recycle and beneficially reuse the Biosolids produced; and WHEREAS, the Federal Government and the State of Florida encourage the recycling and beneficial reuse of residuals including Biosolids; and WHEREAS, the Authority can provide for the beneficial reuse of Biosolids by means of recycling through the process of drying and pelletization; and WHEREAS, such processing facility will produce, among other things, Biosolids Beneficial Reuse Products for use in the commercial fertilizer industry; and WHEREAS, the Utility and the Authority mutually find it in the public interest to cooperate in the recycling of Biosolids and production of Beneficial Reuse Products; and WHEREAS, Utility has agreed to sell excess Utility Capacity Shares in accordance with provisions of the Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Utility and the Authority agree as follows: ARTICLE I — DEFINITIONS AND ENTIRE AGREEMENT 1.1 Definitions For the purposes of this Agreement, the following terms shall have the meanings set forth below: 4 "Acceptable Deliveries" means the delivery by the Utility or its agent of Biosolids that meet the requirements set out in Exhibit II. "Accept, Accepted or Acceptance" means the receipt by the BPF of Biosolids from the Utility. "AL Gate Fee" means the prevailing disposal rate for delivery of Biosolids to the Alternate Location. "Alternate Location" or "AL" means the Authority Landfill located at 45 Street and North Jog Road in West Palm Beach, Florida, or other locations as mutually agreed upon. "As Received Weight or Wet Tons" means the weight of Biosolids as delivered by the Utility to the BPF or Alternate Location, with no adjustment made for moisture content. "Base Processing Fee" has the meaning as shown in Exhibit III. "Beneficial Reuse Products" or "BRUP" means the end product of the sludge drying process that meets or exceeds the requirements of Chapter 62- 640.850, F.A.C., or it's successor regulations, for Class AA Residuals that is produced by the BPF from Biosolids. "Beneficial Re -Use" means the sale or distribution of BRUP to others to be used for recycling purposes. "Billing Period" means each calendar month in each Fiscal Year, except that the initial Billing Period shall begin on the Operations Commencement Date and end with the last day of the month in which the Operations Commencement Date occurs. "Biosolids" means material as specified in Exhibit II. " Biosolids Processing Facility or BPF" means the regional facility constructed (or to be constructed) by the Authority, for itself and on behalf of the Utilities, for the purpose of accepting Biosolids from the Utility and others for processing into BRUP. "Capital Costs" means the Utility's share of the capital costs of the design, development, permitting, construction, and acceptance testing of the BPF as provided for in Exhibit I. "Change in General Law" means any change in the Federal, State, or Local laws, rules, regulations, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct or indirect, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF, excluding a Change in Environmental Law, or an effect upon the cost to the Utility of producing or delivering to the BPF acceptable Biosolids as referred to and specified in Exhibit II. General Change in Law shall not include: 5 a) general economic conditions, interest or inflation rate fluctuations, commodity prices or changes in prices, or currency or exchange rate fluctuations; b) union work rules that increase the operating cost of the BPF; c) any change in prevailing wage laws that impact the cost of operating and constructing the BPF; d) any change in Federal, State, or local tax laws, or any other tax law. The parties agree that the costs, if any, associated with the types of changes in law described in a) through d) above shall be recovered in the annual adjustment to the Base Processing Fee described in Exhibit III to this Agreement. "Change in Environmental Law" shall only mean a change in the Federal, State, or Local laws, rules, regulations, permits, or requirements after June 15, 2004 which has, or may reasonably be expected to have, a direct, material, and adverse effect upon the cost to the Authority of constructing, operating, maintaining, or modifying the BPF or the performance of the BPF related solely to changes in the chemical or physical properties of the BRUP produced to allow for Beneficial Re -Use, or changes in the quality of the air discharged from the BPF, or to changes to the quality of the effluent discharged or stormwater discharged from the BPF. "Contractor" means New England Fertilizer Company that has contracted with the Authority to design, build, acceptance test, operate and maintain the BPF and market the BRUP. "D & C Agreement" means the Design and Construction Agreement entered into by the Authority with New England Fertilizer Company for the design, construction, check out, and acceptance testing of the BPF and attached hereto as Exhibit IV. "Effective Date" means the date of this Agreement first written above. "Fiscal Year" means the Authority's fiscal year which currently is October 1 through September 30, or as may be adjusted from time to time. "Monthly Payment" shall have the meaning as set out in Section 4.1 hereafter. "0 & M Agreement" means the Operations and Maintenance Agreement entered into by the Authority with New England Fertilizer Company for the operation and maintenance of the BPF and the marketing of BRUP and attached hereto as Exhibit V. "0 & M Costs/Ton" means the total of the actual costs of the applicable Base Processing Fee /Ton, Pass Through Costs /Ton, and Solid Waste Authority (SWA) Administration Costs /Ton as are shown in Exhibit III. "0 & M Plan" means a written description of the operations, hours of operation, hours during which the BPF shall Accept Biosolids, vehicle procedures at the receiving area at the BPF and the Alternate Location, handling of unacceptable Biosolids, vehicle procedures at the delivery area, traffic routing, weighing and billing procedures, backup plan if the Authority's scale facilities become inoperable, and emergency notification 6 procedures, which will be, or has been, prepared in accordance with the 0 & M Agreement. "Operations Commencement Date" means August 9, 2009, the date of the written notice from the Authority to the Utility stating that the BPF has been placed into commercial operation and is able to Accept Biosolids. "Original Participants" mean the parties listed in Exhibit I -B. "Party" means either the Authority or the Utility, or both, as the context of the usage of such term may require. "Participants" mean the Original Participants, and their successors and assigns, and other utilities entering into similar agreements with the Authority for delivery and processing of Biosolids at the BPF. "Person" means the Original Participants, and their successors and assigns, and any legal entity including, but not limited to, any individual, corporation, partnership, joint venture, association, joint -stock company, trust, unincorporated organization, or government or any agency or political subdivision thereof. "Receiving Hours" means the hours set forth in the 0 & M Plan during which the Utility may deliver, and the Authority shall Accept, Biosolids, and which shall include each Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, excluding Thanksgiving Day and Christmas Day. "Receiving Day" means the days during which the Utility may deliver, and the Authority shall Accept, Biosolids, and which shall include each Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, excluding Thanksgiving Day and Christmas Day. "State" means the State of Florida. "Term" shall have the meaning set forth in Section 5.1 herein. "Ton" shall mean 2,000 pounds avoirdupois. "Uncontrollable Circumstance" means an act, event, or condition that has a direct, material, and adverse effect on the rights or obligations of a Party under this Agreement, if such act, event, or condition could not have been avoided by the exercise or use of reasonable care or precautions and is beyond the reasonable control of the Party relying thereon as justification for not performing an obligation or not complying with a condition required of such Party under this Agreement. Such acts, events, or conditions shall include, but shall not necessarily be limited to, the following: (a) an act of God, hurricanes, tornadoes, epidemic, landslide, lightning, earthquake, fire or explosion, flood or similar occurrence, an act of public enemy, war, blockade, insurrection, riot or civil disturbance, sabotage, or similar occurrence; (b) the order, or injunction or judgment of any Federal, State, or local court, administrative agency or governmental body or officer with jurisdiction in the Utility, including any exercise of the power of eminent domain, police power, condemnation, or other taking by or on behalf of any public, quasi- 7 public, or private entity, provided, however, that such order or judgment shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (c) the failure to issue, or the suspension, termination, interruption, denial of renewal of any permit, license, consent, authorization or approval essential to a Party to carry out its obligations pursuant to this Agreement, if such act or event shall not arise in connection with or be related to the negligent or willful act, error, omission, or inaction of the Party relying thereon and that neither the contesting in good faith of any such order or judgment nor the reasonable failure to so contest shall constitute or be construed as a willful or negligent action or inaction of such Party; (d) the failure of any appropriate Federal, State, or local agency or public or private utility having operation jurisdiction with respect to the BPF to provide, and maintain and assure the provision of, all utilities necessary for the operation of the BPF; (e) any subsurface condition which shall prevent, or require a redesign or change in the construction, or directly adversely affect the Scheduled Acceptance Date; provided however, that the condition was unknown to the Contractor taking into account the information made available to the Contractor by the Authority prior to the contract Date and the generally recognized geology of Florida in which the BPF site is located, provided however, that groundwater in any quantity, as opposed to quality, shall not be considered an Uncontrollable Circumstance; (f) the provisions of this paragraph and, in particular, of subparagraphs (a) through (e), above, shall never be interpreted as describing an Uncontrollable Circumstance if the situation or condition at issue is the direct or indirect result of a party's violation of, or failure to comply with, any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement or any Federal, State, or local statute, law, rule, ordinance, regulation, or requirement enacted after the Effective Date of this Agreement or any change in any existing Federal, State, or local statute, law, rule, ordinance, regulation, or requirement which change occurs on or after the Effective Date of this Agreement. "Utility Capacity" means the Utility's share of the BPF total annual throughput capacity as set out in Section 2.2 hereafter. "Wastewater Treatment Facilities" means the wastewater treatment plants that the Utility owns, operates, and manages, or causes to be operated and managed. "WTD" means wet Tons per day. "WTY" means wet Tons per year. 1.2 Entire Agreement 8 The following Exhibits are attached hereto, are incorporated by reference, and are made part of this Agreement. Exhibit I — Summary of Capital Costs and List of Original Participants and Shares Exhibit II- Biosolids Quality Specification Exhibit III- 0 & M Costs /Ton and Adjustments Exhibit IV- D & C Agreement Exhibit V —0 & M Agreement Exhibit VI — Gas Blender Purchase Terms This Agreement, together with the foregoing Exhibits, constitutes the entire Agreement between the Authority and the Utility and supercedes all other negotiations, representations, or agreements, either oral or written, with respect to the matters contained herein. The Article and Section headings in this Agreement are for convenience and reference only and shall not be considered in construing this Agreement. ARTICLE II — CONSTRUCTION AND PAYMENT FOR CONSTRUCTION 2.1 Commitment to Construct and Operate The Authority has caused the BPF to be designed, constructed, permitted, and acceptance tested on or before the date as determined in accordance with the D & C Agreement, on lands which it owns at 45 Street and North Jog Road in West Palm Beach, Florida, in accordance with all applicable local, state, and federal rules and regulations in place at the time of the Operations Commencement Date. 2.2 Payment of Capital Costs; Utility Capacity Utility has paid its proportionate share of the Capital Costs of the BPF. The Capital Costs include all the costs to develop, design, construct, permit, and acceptance test the BPF, including without limitation, all labor, material, supplies, contractors, and subcontractors costs, land costs, easement costs, costs of providing utilities, taxes, consulting fees, legal fees, interest charges, insurance premiums, and the like. This payment of the Capital Cost is the consideration for the Utility's 21.75% share of the BPF's original capacity, 7% of which is being sold to East Central Regional Wastewater Treatment Facilities Operation Board (ECR). On or before the Effective Date the Authority shall distribute to the Utility the amount shown on Exhibit I -A and thereupon Utility's capacity share shall be equal to 27,996 Wet Tons of Acceptable Deliveries annually (the "Maximum Annual Delivery ") or 14.75% of the total BPF capacity (the "Utility Capacity Share ") with delivery not to exceed a maximum of 89 Wet Tons of Acceptable Deliveries per Receiving Day (the "Maximum Daily Delivery "). The Utility shall own this share of the BPF's capacity in perpetuity for the life of the BPF. If Utility delivers Biosolids in excess of Utility's Maximum Daily Delivery, the excess Tons may be accepted at the BPF, sent to the AL or delivered to a third party for disposal. If sent to the BPF or to the AL, Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons subject to the annual reconciliation provided in Section 4.2(b). 9 If Utility delivers Biosolids in excess of Utility's Maximum Annual Delivery, the excess Tons may be accepted at the BPF, sent to the AL or delivered to a third party for disposal. If sent to the BPF or to the AL, Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons, subject to the annual reconciliation provided in Section 4.2(b). If Utility delivers Biosolids in excess of the BPF Daily Maximum of 600 WTD, but less than Utility's Maximum Daily Delivery, they may be sent to the AL. Utility will be charged the AL Gate Fee in the monthly invoice for the excess Tons, subject to the annual reconciliation provided in Section 4.2(b). During the annual reconciliation provided in Section 4.2(b), Authority will determine if the Utility's excess Tons were Accepted at the BPF or at the AL and will also determine if Utility's excess Tons caused another Participants Acceptable Delivery (less than their Maximum Daily Delivery) to be delivered to the AL and whether an adjustment is required. 2.3 BPF Capacity The selected operator has guaranteed to process a minimum of 189,800 WTY based on an average of 520 WTD (at a minimum average 15% solids content) on a 365 -day annual basis, and a maximum daily processing rate of approximately 600 WTD per each Receiving Day (the `BPF Daily Maximum "). In the event the capacity of the BPF is ever increased above the 189,800 WTY as stated above, the Utility shall have the right to participate pro -rata in any such increase. ARTICLE III — OPERATIONS AND MANAGEMENT 3.1 Commitment to Supply Biosolids On and after the Operations Commencement Date, the Utility shall deliver all of the Biosolids generated by the Wastewater Treatment Facilities on a regular basis to the BPF. The delivery schedule will be determined as part of the development of the 0 & M Plan and will be agreed upon by both parties. Beginning with the Operations Commencement Date, the Utility shall deliver a minimum of 13,459 Wet Tons of Acceptable Deliveries (the "Minimum Commitment ") during each Fiscal Year, except that the Minimum Commitment shall be prorated for the Fiscal Year during which the Operations Commencement Date occurs. The delivery of Biosolids other than to the BPF or the Alternate Location shall be considered a material breach of this Agreement unless such deliveries are in excess of the Utility's Maximum Daily Delivery or Maximum Annual Delivery, or otherwise agreed upon by both parties. Notwithstanding the above, Utility may, without approval by Authority, deliver amounts of Biosolids that exceed the Utility's Maximum Daily Delivery or Maximum Annual Delivery to another site, and may deliver Biosolids to another site on non - Receiving Days at the BPF. The failure of the Utility to deliver the Minimum Commitment shall result in a charge to the Utility equal to the product of the difference between the actual Acceptable Deliveries delivered by the Utility and the Minimum Commitment, times the first level Operator Contract Fee, as adjusted, set out in Exhibit III, and shall be billed to the Utility as provided in Section 4.2 (b) below. However, if all deliveries of Biosolids to the BPF by 10 all Participants and users of the BPF, meet the total minimum Biosolids delivery commitment as required by the 0 & M Agreement (the "Put/Pay Level "), then Utility shall not be required to pay the charge described in the previous sentence for that amount of shortage in making the Minimum Commitment after the Put/Pay Level is reached. 3.2 Commitment to Accept and Process Biosolids On and after the Operations Commencement Date, the BPF shall accept and process Biosolids from the Wastewater Treatment Facilities delivered to the BPF or the Alternate Location as designated by the Authority. On and after the Operations Commencement Date, the Authority's obligation to Accept and process Biosolids at the BPF meeting the specifications contained in Exhibit II shall only be relieved by, and only to the extent of, an Uncontrollable Circumstance that prevents or partially prevents such Acceptance and processing. Should an Uncontrollable Circumstance occur, the Authority shall continue to accept Biosolids at the BPF or Alternate Location until such time that the Uncontrollable Circumstance is corrected or resolved. 3.3 Biosolids Processing Facility Operations (a) Receiving Hours The Authority shall cause the BPF to be operated, and shall Accept Biosolids delivered by or on behalf of the Utility during the Receiving Hours in accordance with the 0 & M Plan. At a minimum, the BPF shall accept Biosolids six (6) days per week. (b) 0 & M Plan The Authority shall develop, maintain, and update from time to time an 0 & M Plan as defined above, mutually acceptable to the Authority and the Utility. (c) Laws, Rules, and Regulations The Authority shall cause the BPF to be operated in compliance with all applicable Federal, State, and local laws, rules, regulations, ordinances, and permits, as amended from time to time. (d) Biosolids Quality Biosolids to be delivered by the Utility to the Authority for processing shall meet the Biosolids Quality Specifications as specified in Exhibit II. All utilities that are producing digested Biosolids at the time of signing this Agreement shall deliver only digested Biosolids to the BPF. All utilities that are producing undigested Biosolids at the time of signing this Agreement may deliver undigested Biosolids to the BPF until such time as Utility chooses to produce digested Biosolids. Utility agrees to use its best efforts to have all Biosolids delivered to the BPF in vehicles dedicated for Biosolids transportation only. (e) Rejection of Deliveries of Unacceptable Biosolids The Authority or the Contractor shall have the right to reject the delivery and prohibit the unloading of Biosolids not meeting the Quality Specifications as indicated in Exhibit II. The Authority or Contractor shall immediately notify the Utility of such rejection and the Utility shall either: (i) take possession of, and remove from the BPF or the Authority's premises, such unacceptable Biosolids; 11 or (ii) request that the Authority or Contractor dispose of such unacceptable Biosolids. If the Authority or Contractor does not agree to dispose of such unacceptable Biosolids, the Utility shall promptly remove such unacceptable Biosolids. If the Utility requests that the Authority or Contractor dispose of such unacceptable Biosolids and the Authority agrees, the Authority or Contractor will dispose of said material by alternative methods consistent with current laws and regulations. The Utility will pay a disposal fee equal to the then applicable Base Processing Fee in addition to the 0 & M Costs /Ton for all such materials disposed of by the Authority or Contractor other than at the BPF. (f)Weighing and Record Keeping All Biosolids and unacceptable Biosolids delivered by or on behalf of the Utility, and all unacceptable Biosolids returned by or on behalf of the Utility, shall be weighed on an As Received Weight basis at the Authority's designated scale facilities which shall be certified at least annually by the State. The Authority shall maintain all weight records for a period of at least three (3) years and will make such records available to the Utility at the Utility's request. ARTICLE IV — PAYMENT 4.1 Monthly Payment After the Operations Commencement Date, and on or before the fifteenth (1 5 day of each Billing Period thereafter during the term of this Agreement, the Authority shall submit to the Utility an itemized invoice for services rendered to the Utility during the previous Billing Period which shall include: (a) the daily and total quantities of As Received Weight of Biosolids delivered to the BPF during the Billing Period by the Utility and by all users combined; and (b) the Monthly Payment due the Authority by such Utility calculated as the product of the Total 0 & M Costs /Ton as set out in Exhibit III times the total As Received Weight of Biosolids delivered by the Utility during the Billing Period, plus any additional charges for excess deliveries above the Utility's Maximum Daily Delivery calculated as the product of the As Received Weight of Biosolids times the AL Gate Fee, plus any additional charges associated with disposal of such Utilities unacceptable Biosolids as provided for in section 3.3(e). The Monthly Payment shall be payable by the Utility to the Authority within thirty (30) days from receipt of the invoice by the Utility. 4.2 0 & M Costs/Ton and Reconciliation (a) 0 & M Costs/Ton. The 0 & M Costs /Ton is designed to cover all costs of the BPF not included in the Capital Cost, including, but not limited to, the complete cost of administering, (including all Authority costs of administration of the BPF and related contracts, supervision, consulting fees and legal fees), operating and maintaining the BPF and the landfill gas delivery system. On and after the Operations Commencement Date, and during the full term of this Agreement, the O &M Costs /Ton shall be budgeted annually as set out in Exhibit III, subject to the adjustments detailed therein and other applicable provisions of this Agreement. 12 (b) Annual Reconciliation to the Monthly Payment. Within 120 days of the end of each Fiscal Year, the Authority shall make an annual reconciliation to the Utility for the prior Fiscal Year which shall account for debits or credits for the items listed below and shall be reflected in the next Monthly Payment invoice submitted to the Utility after such reconciliation is issued: 1) Any changes in the actual 0 & M Costs /Ton resulting from the application of the Base Processing Fee due to increased levels of Acceptable Deliveries delivered to the BPF during the past Fiscal Year; 2) Any deviation in the actual costs of Pass Through Costs per Ton from the budgeted Pass Through Costs per Ton as set out in Exhibit III; 3) Any charges for Utility's failure to meet the Minimum Commitment as set out in Section 3.1 above; and 4) If Utility delivered Biosolids in excess of the Utility's Maximum Annual Delivery or Maximum Daily Delivery that were Accepted at the BPF and did not cause other Biosolids to be disposed at the AL, Utility shall be credited the difference between the actual reconciled O &M Cost /Ton and the AL Gate Fee charged during the monthly invoice. 5) If Utility delivered Biosolids in an amount less than Utility's Maximum Daily Delivery but the AL Gate Fee was imposed due to exceeding the BPF Daily Maximum of 600 WTD, Utility shall be credited the difference between the actual reconciled O &M Cost/Ton and the AL Gate Fee charged during the monthly invoice. 4.3 Uncontrollable Circumstance and Performance (a) If either Party fails to perform any of its obligations pursuant to this Agreement, and if such failure to perform was caused by an Uncontrollable Circumstance, then the Parties shall cooperate to remove, reduce, or eliminate the adverse effect of such Uncontrollable Circumstance. During the period of time impacted by the Uncontrollable Circumstance:(i) the Utility shall continue to deliver, or cause to be delivered, all of the Biosolids from its Waste Water Treatment Facilities to the extent it is able to do so; and (ii) the Authority shall Accept and process Biosolids and produce BRUP at the BPF to the extent it is able to do so; and (iii) the Authority shall Accept the Utility's Biosolids at the Alternate Location to the extent that it is not able to do so at the BPF. (b) Neither Party shall be responsible for paying any additional costs incurred by the other, including, but not limited to additional capital, operating, maintenance, or repair costs, 0 & M Costs /Ton or any other costs or fees due to, or caused by, an Uncontrollable Circumstance that occurs during the term of this Agreement. Provided however, in the event of an Uncontrollable Circumstance that results in damage or a condition of the BPF that requires repair or modification of the BPF, and there is no liability or obligation on the part of the Contractor for the cost of such 13 repair or modification, and there are insufficient or no insurance benefits to cover such costs, then each Utility shall be responsible and liable for its prorate share of such costs based on each Utility Capacity share. Such costs shall be billed to each Utility on a monthly basis as such costs are incurred. 4.4 Changes in Laws (a) Changes in General Laws. Neither the Authority nor the Utility shall be responsible for paying any additional costs incurred by the other, including, but not limited to additional capital, operating, maintenance, or repair costs, 0 & M Costs /Ton or any other costs or fees due to or caused by a Change in General Law, unless otherwise specifically provided in this Agreement. (b) Change in Environmental Law. In the event of a Change in Environmental Law (as defined herein) that has a direct, material, and adverse effect upon the cost to the Authority of operating, maintaining, or modifying the BPF, the Authority and Utility shall mutually negotiate any necessary capital cost contribution or any necessary increase in the 0 & M Costs /Ton commensurate with the necessary cost. In the event the Parties are unable to mutually agree, then the increase shall be determined in accordance with Article VI herein. ARTICLE V — TERM 5.1 Term The Term of this Agreement shall extend until August 9, 2029, unless terminated sooner or extended in accordance with the terms of this Agreement. Upon the conclusion of the term of this Agreement, the BPF shall remain the property of the Authority. Notwithstanding any other provision of this agreement to the contrary, the Utility shall own its Utility Capacity Share of the capacity of the BPF, in perpetuity, for the life of the BPF. At least five (5) years prior to the termination of the 0 & M Agreement the Participants shall jointly determine if the BPF shall continue in operation or if the operation thereof shall cease. The determination shall be made upon a written vote of all Participants as called by the Authority at least 5 years prior to the termination of the 0 & M Agreement. Each Participant shall be entitled to one vote. A unanimous vote of the Participants shall be required to terminate the operation of the BPF. If there is a unanimous vote to continue the operation of the BPF then the Authority, with consultation of the Participants, shall initiate procurement of a contract operator and a determination of any rehabilitation, upgrade or improvements that should be made to the BPF. All costs incurred in the solicitation and contracting for an operator as well as any and all necessary costs to rehabilitate, upgrade or improve the BPF shall be shared pro rata by all Participants based on their Utility Capacity Shares. If all of the Participants, other than the Authority, vote to continue the operation of the BPF, and the Authority chooses not to continue the operation of the BPF, or if all of the Participants, other than the Authority, vote to discontinue 14 the operation of the BPF, but the Authority chooses to keep the BPF, the Authority shall compensate all the other Participants, pro rata based on their Utility Capacity Shares, for the then fair market value of the BPF. The fair market value shall be determined by the average of two appraisals, one selected by the Authority and one selected by the remaining Participants. The fair market value appraisals shall not include the value of the land or any other Authority property not included in the capital cost basis of the BPF shared by the Participants. The compensation shall be paid to the Participants within 90 days of the determination of fair market value. If all of the Participants, including the Authority, vote to discontinue the BPF then all Participants shall, pro rata based on their Utility Capacity Shares, contribute to all costs of removing the BPF and all connections, utilities, etc. and restoring the land to grade level. All costs to be shared as provided in this Section shall be paid within 90 days of an invoice for same sent by the Authority, unless other agreement for payment is made. In the event there are not unanimous votes cast (except as set out above where the Authority is the only dissenting vote) to either continue or terminate the operation of the BPF, the Participants will then enter into negotiations to determine the future of the BPF and its operation. If such negotiations have not been concluded and a unanimous determination made by the Participants within 6 months of the original vote, then, the Participants shall be deemed to have voted unanimously to discontinue operation of the BPF. The dispute resolution process set forth in Article VI shall not apply to negotiations initiated due to the failure to reach a unanimous vote regarding whether to continue or terminate the operation of the BPF. Nothing in this Agreement shall prohibit a Participant from seeking to find a replacement utility to buy or accept such Participants rights and ownership of their Utility Capacity shares in the BPF, provided such utility is approved in writing as acceptable to the Authority, such approval not to be unreasonably withheld. ARTICLE VI — DISPUTE RESOLUTION 6.1 Dispute Resolution All disputes between the Utility and the Authority shall be resolved first by resort to negotiation, then by mediation with a mutually agreed upon mediator with each Party sharing the costs, and finally, after these options have been exhausted, either Party may initiate arbitration in accordance with Section 6.2, Arbitration, hereafter. 6.2 Arbitration To the extent permitted by law, unless otherwise specified in this Agreement, any single controversy arising under this Agreement, which the parties are unable to resolve by mutual agreement shall be submitted to binding arbitration. Either party may initiate arbitration by giving to the other written notice of its desire to have a matter arbitrated which shall precisely designate the specific matter to be resolved and shall designate the arbitrator selected by such initiating party, in which event a hearing thereon shall commence within sixty (60) days of the date of the request for arbitration. If the controversy affects all of the Participants or if a resolution of the 15 controversy will affect all of the Participants, then written notice shall be given to all of the Participants and such Participants may elect to participate in the arbitration. The issues shall be submitted to arbitration in accordance with the then current rules of the American Arbitration Association (AAA) and this Agreement. Subject to the provisions of this Section 6.2, any decision of the arbitrators in any such arbitration shall be conclusive as to the matters submitted to them, shall be final and binding upon the parties hereto and may be enforced in any court of competent jurisdiction. Any rule of the AAA to the contrary notwithstanding, the issues under arbitration shall be heard and decided by a panel of three (3) arbitrators, all of whom shall be: (i) registered professional engineers for disputes involving engineering or construction issues or (ii) lawyers for disputes not involving engineering and construction issues; and of whom one (1) arbitrator shall be designated by the Authority, one (1) arbitrator shall be designated by the Utility and the third to be mutually acceptable to the Authority and the Utility. No individual who is, or has at any time been, an officer, employee, representative or consultant of either the Authority or the Utility or any affiliates thereof, shall be an arbitrator without the express written consent of the other party. Within ten (10) Business Days of receipt of a request for arbitration, the non - initiating party shall select an arbitrator and shall notify the initiating party of the selected arbitrator, and the two designated arbitrators shall select the third arbitrator within ten (10) Business Days of such notice, and in the event that they are unable to agree on a third arbitrator within such time, or if the non - initiating party fails to name an arbitrator within the time provided, then either of the parties may request the AAA select the second and /or third arbitrator. Any decision on the issue or issues properly before the panel, including the sharing of the cost of arbitration, must be joined in by at least two (2) of the members of such panel Any such decision shall be final and binding upon the parties, subject to review as provided by Florida law and the provisions of this Section. In the case of any controversy not subject to arbitration or resulting in a non - binding decision, the parties shall have all of their rights and remedies otherwise available to them in law or in equity. In the event of a binding arbitration decision, such review shall be based upon the record of the arbitration hearing and neither party shall be entitled to a trial de novo of such issues. The arbitrators shall conduct the proceedings in the manner the arbitrators deem appropriate, consistent with basic standards of fairness and due process. All arbitration proceedings shall be held in Palm Beach County, Florida or such other location as is mutually agreeable to the Authority and the Utility. The arbitrators shall decide the matters submitted based upon the evidence presented, the terms of this Agreement and the governing law. The Florida Rules of Civil Procedures and the Florida Evidence Code shall be followed. The arbitrators shall issue a written award that shall state the basis of the award and include detailed findings of fact and conclusions of law. An appropriate court of competent jurisdiction may enter judgment upon any award, either by confirming the award or by vacating, modifying or correcting the award. The court shall vacate, modify or correct any award (1) where the arbitrators' findings of fact are not supported by competent substantial evidence; or (2) where the arbitrators' conclusions of law are erroneous. For purposes of this Section 6.2, all determinations by the arbitrators as to the existence, validity, enforceability, interpretation, application or breach of this Agreement shall be deemed to be conclusions of law. It is the parties' intent that the reviewing court shall independently review all conclusions of law made by the arbitrators, without being bound in any way by the arbitrators' determinations of law. 6.3 Payments Upon Resolution 16 If either the Authority or the Utility has withheld payment of any amount in dispute, upon resolution of such dispute, the non - prevailing Party shall pay to the prevailing Party the disputed amount (or as much thereof as shall be determined to be due) plus interest at the legal prejudgment rate from the date on which such amount was due to the date of payment. ARTICLE VII— INDEMNIFICATION 7.1 Indemnification Each Party shall be liable for its own actions and negligence or wrongful acts and, to the extent permitted by law, the Utility shall indemnify, defend, and hold harmless the Authority against any actions, claims, or damages arising out of the Utility's negligence or wrongful acts in connection with this Agreement, and the Authority shall indemnify, defend, and hold harmless the Utility against any actions, claims, or damages arising out of the Authority's negligence, or wrongful acts, in connection with this Agreement, provided that if one party may not legally indemnify the other, then neither party shall indemnify the other. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Florida Statutes, Section 768.28, nor shall same be construed to constitute agreement by either Party to indemnify the other Party for such other Party's negligent, willful, or intentional acts or omissions. 7.2 Survival This Article VII shall survive the termination of this Agreement. ARTICLE VIII — MISCELLANEOUS 8.1 Representation, Warrantees, Approvals The Parties represent and warrant to each other that upon execution of this Agreement: (a) the Parties have the power and authority to enter into this Agreement and to carry out their respective obligations hereunder; (b) the Parties have taken all legal actions necessary to authorize them to enter into and perform their respective obligations hereunder; (c) entering into and performing this Agreement does not violate any statute, rule, regulation, order, writ, injunction, or decree of any court, administrative agency, or governmental body or violate any agreement by which a Party is bound; (d) this Agreement has been duly entered into by the Party and constitutes a legal, valid, and binding obligation of the Party; (e) there is no litigation or proceeding pending or threatened against a Party which could materially or adversely affect the performance of this Agreement; and (f) the Parties have obtained all approvals as may be required to permit their respective performance of the obligations of this Agreement. Except as expressly provided herein, the Parties make no representations or warranties and waive no rights or remedies. 8.2 Amendment and Modification This Agreement shall only be modified or amended by a written agreement duly signed by the persons authorized to sign agreements on behalf of the Authority and the Utility. 17 Any such amendments or modifications shall be numbered in ordinal sequence and titled accordingly. 8.3 Notices Any notices required in this Agreement shall be sent in writing, certified mail return receipt requested, to the Parties at the addresses listed below, unless either Party shall inform the other Party in writing of any change in that address. If to the Authority: Solid Waste Authority of Palm Beach County 7501 North Jog Road West Palm Beach, Florida 33412 Attention: Director of Engineering If to the Utility: South Central Regional Wastewater Treatment and Disposal Board 1801 North Congress Ave. Delray Beach, FL 33445 Attention: Utilities Director 8.4 Assignment It is expressly understood and agreed that this Agreement is between the Authority and the Utility and that the Authority and the Utility shall have no right to assign this Agreement or any portion thereof without the prior approval of the other party. 8.5 Severability In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the Parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements of, or to, this Agreement or such other appropriate changes as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the Parties as reflected herein and the other provisions of this Agreement shall, as so amended, modified, supplemented, or otherwise effected by such action, remain in full force and effect. 8.6 Superseding of Prior Interlocal Agreement All prior versions of Interlocal Government Agreement for Biosolids Pelletization and Recycling entered into by and between the Parties are hereby superseded by this Agreement. THE REMAINDER OF THIS PAGE IS BLANK 18 IN WITNESS WHEREOF, the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY, at a regular meeting thereof, by action of the Authority Board authorizing and directing the foregoing to be adopted, has caused these presents to be signed by its Executive Director, and its seal to be hereto affixed, and the SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD of Delray Beach, Florida has authorized and caused the execution of this Agreement, all as of the day, month, and year first above written. SOLID WASTE AUTHORITY OF PALM BEACH COUNTY: r By: /Attest: Mark Hammond, Executive Direc • r Sandra Vassalotti, Clerk of the Board Approv- • to Form and -g• -Suff , ency: By: ,. Y•, di i. P i se to the Authority SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD: By: l d - 4% " Attests 1� a /7./.:-/d Woodrow Hay Chair Lori A. Osborn Clerk Approved as to Form and Approved as to Terms and Conditions: Legal Sufficiency: By: Al7,14,604.--0./t----) By: e:1- 2 K Roger Saberson Board Attorney Dennis L. Coates Department Director Approved by Authority Board on 42» / /6 , 2013, Item ' 4. Approved by the Utility on ji 1 g , 2013, Item _S 5 19 EXHIBIT I A) SUMMARY OF CAPITAL COSTS B) LIST OF ORIGINAL PARTICIPANTS AND SHARES A) Summary of Capital Costs Project Development: Right -of -Way Abandonment 25,305 Preliminary Design & Permitting 934,239 RFQ /RFP 498,000 Grant Funding 290,867 Infrastructure Design & Construction 3,059,073 Sub Total: 4,807,484 Project Capital Cost: Facility Construction 29,199,968 Technical Services During Construction 3,054,778 Sub Total: 32,254,746 Total Development & Capital: 37,062,230 Less Grant Funding: Original Grant (3,225,000) Less Federal Admin Chrg. 51,500 Net Grant: (3,173,500) SubTotal: 33,888,730 Contingency - - -0 - -- Total Net Capital Cost 33,888,730 UTILITY original share = 21.75% $7,370,799 Less Prepaid (156,000) Net Total Due for UTILITY $7,214,799 Less 7% Capacity Sale to ECR (2,037,588) Net Final Capital Cost $5,177,211 20 EXHIBIT I B) List of Original Participants and Shares Palm Beach County Capacity Share 17.82% Water Utilities Department Minimum Annual Commitment 16,261 WTY P.O. Box 16097 Maximum Daily Delivery 107 WTD West Palm Beach, F133416 -6097 Maximum Annual Delivery 33,822 WTY South Central Regional Wastewater Capacity Share 14.75% Treatment and Disposal Board Minimum Annual Commitment 13,459 WTY 1801 North Congress Ave Maximum Daily Delivery 89 WTD Delray Beach, FL 33445 Maximum Annual Delivery 27,996 WTY City of Boca Raton Capacity Share 10.27% Utilities Department Minimum Annual Commitment 9,371 WTY 201 West Palmetto Park Road Maximum Daily Delivery 62 WTD Boca Raton, Fl 33432 -3795 Maximum Annual Delivery 19,492 WTY Loxahatchee River Capacity Share 8.96% Environmental Control District Minimum Annual Commitment 8,176 WTY 2500 Jupiter Park Dr Maximum Daily Delivery 54 WTD Jupiter, F133458 -8964 Maximum Annual Delivery 17,006 WTY Solid Waste Authority /Seacoast Capacity Share 12.37% 7501 North Jog Road Minimum Annual Commitment 11,288 WTY West Palm Beach, Fl 33412 Maximum Daily Delivery 73 WTD Maximum Annual Delivery 23,478 WTY East Central Regional Wastewater Capacity Share 35.83% Treatment Facilities Operation Board Minimum Annual Commitment 32,695 WTY 4325 N. Haverhill Road Maximum Daily Delivery 215 WTD West Palm Beach, F133409 Maximum Annual Delivery 68,005 WTY BPF O &M Agreement Sections 2.01 (A) and 2.03 (A) Capacity 100.00% Minimum annual delivery commitment 91,250 WTY Fiscal Year average maximum daily Processing capacity 520 WTD Maximum daily Processing capacity 600 WTD Maximum annual Processing capacity 189,800 WTY 21 EXHIBIT II BIOSOLIDS QUALITY SPECIFICATIONS The successful operation of the Biosolids Processing Facility (BPF) requires that the Biosolids to be received meet the minimum requirements outlined below. Biosolids shall have minimum solids content of 13 percent solids by weight, with a weekly average of not less than 15 percent solids. The facility shall have the right to reject any shipment that is below the 13 percent solids or that fails to meet the 15 percent average. No add mixtures or foreign material (i.e. Sawdust, etc.) will be accepted as a means to increase solids content. No lime - stabilized Biosolids shall be Accepted by the BPF. Digested sludge must meet class B standards for vector attraction and pathogen reduction as provided for in Chapter 62 -640 F.A.C. However, it is acknowledged by the Parties that Utility is producing undigested Biosolids and may deliver undigested Biosolids to the BPF until such time as Utility chooses to change. All Sludge shall be delivered to the BPF in covered watertight Semi -truck dumping trailers or dump trucks capable of dumping into a hopper from the rear of the truck. Contributors to the BPF shall provide copies of their Biosolids monitoring and testing data that is required by their FDEP wastewater permit within 30 days of the date due to the FDEP. Any facility may be restricted from the BPF if their sludge exceeds the ceiling that FL Chapter 62 -640 defines as the Class AA biosolids metal limits (which match 40 CFR Part 503, Table 3) as listed below: a. Arsenic 41 mg /kg dry weight basis b. Cadmium 39 mg /kg dry weight basis c. Copper 1500 mg /kg dry weight basis d. Lead 300 mg/kg dry weight basis e. Mercury 17 mg /kg dry weight basis f. Molybdenum 75 mg /kg dry weight basis g. Nickel 420 mg /kg dry weight basis h. Selenium 100 mg/kg dry weight basis i. Zinc 2800 mg /kg dry weight basis The BPF shall only accept Biosolids as defined as "Residuals" or "Domestic Wastewater Residuals" in Chapter 62- 640.200 (31) F.A.C., or as amended from time to time. The BPF shall not accept any materials that are hazardous waste under Chapter 62 -730, F.A.C., or as amended from time to time. 22 EXHIBIT III 0 & M COSTS PER TON AND ADJUSTMENTS Base Processing Fee Operator Contract Fee: 0 to 91,250 WTY $24.25 > 91, 250 to 104,000 WTY 12.50 > 104,000 WTY 11.00 Pass Through Costs Ton Electric $6.42 Potable water 1.61 ISW 0.97 WW 1.39 Na Hypochlorite 0.62 Caustic 0.16 Natural Gas 8.85 Sub Total $20.02 Solid Waste Authority Administration Costs/Ton SWA Landfill Gas Delivery System O &M Cost /Ton $1.90 SWA Contract Management Cost /Ton 2.50 Sub Total 4.40 Total O &M Cost/Ton $48.67 ADJUSTMENTS 1. The Base Processing Fee schedule, as set out above, shall be adjusted annually as set out in Section 3.01 of the 0 & M Agreement. The Authority shall submit a notice of the adjustment not later than September 1st of each year by letter to the Utility at the address set forth in Section 8.3 of this Agreement. 2. The Pass Through Costs /Ton, as set out above, shall be adjusted annually based on the Maximum Utility Utilization Guarantee as set out in Section 3.01 of the O &M Agreement and the estimated unit price per item. 3. SWA Landfill Gas Delivery System O &M Costs /Ton, as set out above, shall be adjusted annually based on the minimum delivery as set out in Section 2.01 of the O &M Agreement and approved Authority operating budget for the landfill gas delivery system. 4. SWA Contract Management Costs /Ton, as set out above, shall be adjusted annually based on the minimum delivery as set out in Section 2.01 of the O &M Agreement and approved Authority operating budget for the BPF 23 EXHIBIT IV DESIGN AND CONSTRUCTION AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY ON FILE AT THE AUTHORITY'S ENGINEERING OFFICE 24 EXHIBIT V OPERATIONS AND MAINTENANCE AGREEMENT FOR BIOSOLIDS PROCESSING FACILITY ON FILE AT THE AUTHORITY'S ENGINEERING OFFICE 25 EXHIBIT VI GAS BLENDER PURCHASE TERMS The Authority has preliminarily approved a Gas Blender capital project to allow Authority Landfill Gas to be used in the second train of the BPF. Based on the 60% design, estimated total cost is not to exceed (NTE) $750,000. The Utility's share of the total project cost of the Gas Blender is set out in the COST SHARE TABLE below. The NTE project cost will not increase without additional approval from Utility. The Utility agrees to promptly pay its share of the capital cost of the Gas Blender which will be billed to Utility monthly, together with the other Participants, as the Authority incurs project expenses. COST SHARE TABLE: Partner % $Amount Palm Bch. Co. 17.82 133,650 So. Central 14.75 110,625 Boca Raton 10.27 77,025 LRECD 8.96 67,200 ECR 35.83 268,725 SWA 12.37 92,775 Total 100% $750,000 26 PAPS DATER r -N \i, ,, 0 to ,C., Z o � la FA ti40� el-- RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, ACCEPTED THE 2013/2014 WASTEWATER AND RECLAIM O &M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently. The abov ction is hereby ratified in open session by the City of Boynton Beach this G(c, day of , 020/3 , by a 5 vote. CITY OF BOYNTON BEACH By: a I �c , , , Mayor /City Manager ,'k , k . 1 Attest: /Y)• /o4, ` = ' . ,g, ,t, ity erk t 4 Approved as to form: al (2-4 C-ell ity Attorney F IdocsIBOARD MEETI NGSIRATIF ICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx AGENDA ITEM J 1 South Central Regional Wastewater Treatment & Disposal Board Executive Summary F/Y 2013 -2014 WASTEWATER BUDGET The requested Operations and Maintenance (O &M) Budget for 2013/2014 is $6,030,195, which is 4 5% above last year's budget A review of the past six budget years indicates a relatively flat to slight decrease in the total budgeted expenditures This achievement has been a direct result of Board staff reviewing all process control related activities to increase plant efficiency while maintaining and decreasing the cost to the Board where possible We are requesting a rate of $1 2311 for O &M and R &R Reserves ($ 0505 above the rate of 2012/2013) Since the 2008/2009 budget year we have had a reduction to the budget of $87,463 and the user rate has risen only 2 7% over this time (2008/2009 approved rate was $1 19717/1000 gallons) 2013/2014 APPROVED BUDGET -- -Six Fiscal Year Average $6,030,195.00 $5,974,136.50 $6,200,000.00 56,100,000.00 -�--�� $6,000,000.00 55,900,000.00 55,800,000.00 55,700,000.00 $5,600,000.00 $5,500.000.00 Q1 0 N m a G 0 7 0 0 0 0 0 00 g 0 r+l trf S O O O O • N N N N N Due to drier weather and the continued efforts of both cities to reduce the inflow and infiltration on their respective sewer systems we have experienced lower influent flows over the past few years This has caused a decrease in revenue that has made it increasingly difficult to keep the user rate flat to the Cities of Boynton Beach and Delray Beach INFLUENT FLOWS INFLUENT FLOWS —Linear (INFLUENT ROWS) 19 16 "\ / 15 `✓ 14 a e d a e c �,o� 4 :0 ) cP 06 CP d a d'' oti~ _ `~ \~ 41' CP �� CP S1' 41' tl" \ CP C c �~ A.S1* ' 1 CP � � 0 4x O N,'(1. 41' NI, ' 0 South Central Regional Wastewater Treatment & Disposal Board A six year look at the major line items related to the O &M Budget (over $250,000) is provided below Wa. es: Line Item No. 1212 2013/2014 WAGES -Six Fiscal Year Average 51,024,750.00 $994,843.83 $1,060,000.00 $1,040,000.00 $1,020,000.00 $1,000,000.00 $980,000.00 5960.000.00 5940,000.00 5920,000.00 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note Budgeted wages 1990/1991 were $925,000. EPA minimal recommended staffing level in 1979 was 21 full -time employees (28 optimal) Currently we have 23 full -time employees Pelletization Fees: Line Item No. 3409 -2013/2014 PELLETIZATION FEES -Six Fiscal Year Average 51,200,000.00 5999,000.00 5897,390.00 $1,000,000.00 $800.000.00 5600,000.00 5400,000.00 5200,000.00 5- 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note Full time startup occurred August 2009 The tipping fee has steadily increased The total annual cost has remained fairly consistent due to the lower influent flows We are producing a lower amount of biosolids Electricity: Line Item No. 4300 -2013/2014 ELECTRICITY Fiscal Year Average $1,200,000.00 5850,000.00 5947,691.67 51,000,000.00 5800,000.00 5600,000.00 5400,000.00 5200,000.00 5- 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note Reduction achieved through a review of all plant equipment and utilizing automation where possible A conscientious effort to utilize equipment during non -peak FPL hours has resulted in lower energy cost South Central Regional Wastewater Treatment & Disposal Board In'ection Well Process: Line Item No. 4304 - 2013/2014 INJECTION WELL PROCESS -- -Six Fiscal Year Average 5620,146.00 5617,925.83 5700,000.00 5680,000.00 5660,000.00 5640,000.00 5620,000.00 5600,000.00 5580,000.00 5560,000.00 5540,000.00 5520,000.00 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 - Note Full time startup occurred in April 2009 /Outfall closed Chemicals: Line Item No. 5210 MONK -2013/2014 CHEMICALS -Six Fiscal Year Average 51.000,000.00 5701,000.00 5748,000.00 $900,000.00 5800,000.00 $700,000.00 °-- 5600,000.00 5500,000.00 5400,000.00 5300,000.00 5200,000.00 5100,000.00 5- 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note Slight reduction in chemical cost and automation of plant equipment Commercial Insurance: Line Item No. 4500 —2013/2014 COMMERCIAL INSURANCE —Six Fiscal Year Average $265,010.00 $263,994.33 $268,000.00 $266,000.00 ... $264,000.00 5262,000.00 5260,000.00 5258,000.00 5256,000.00 5254,000.00 $252,000.00 2008/2009 2009/2010 2010/2011 2011/2012 2012/2013 2013/2014 Note Insurance costs have remained relatively stable due to recent minimal hurricane activity South Central Regional Wastewater Treatment & Disposal Board O&M SUMMARY During the Fiscal Year 2008/2009 the Board completed two environmental- friendly capital projects, the Deep Injection Well and the Pelletization Facility The positive environmental impact of these projects is that we no longer dispose of our effluent to the ocean and the ocean outfall has been closed, and our biosolids are no longer land - applied but recycled into Class AA biosolid pellets and sold to local fertilizer companies to be distributed commercially Due to these projects, the public image of the Board is now one of a leader in environmental stewardship In 2009 the Board was recognized by the Florida Department of Environmental Protection with an Operations Excellence Award for implementing these environmental- friendly changes well ahead of other utilities As with most environmental friendly projects, there is a cost that has to be incurred These two line items now account for approximately $1 6 million of the Operation & Maintenance Budget In 2007/2008 before these projects were completed and placed in daily operation, the Board's approved O &M budget was $5 207 million Our requested budget this year is set at $6 030 million, approximately $800,000 over the 2007/2008 budget year This indicates the Board has absorbed the operating costs ($1 6M) of these two projects with only one half ($800K) of the increase being funded by the O &M user rate The other half ($800K) of the cost increase was absorbed through difficult budget cuts We are currently estimating that this current budget year 2012/2013 will have excess revenues over expenditures of approximately $200,000 to $300,000 Over the past five years, the Board has returned approximately $3,300,000 in excess revenue over expenditures to the Cities of Boynton Beach and Delray Beach Board employees are scheduled to receive a merit increase of 5% in this upcoming fiscal year By Board rules, employees are eligible for a merit increase of up to 6% annually RECLAIM USER RATE /BUDGET The Reclaim O &M Budget for 2013/2014 is set at $1,188,785 Our User Rate for wholesale reclaim will increase $0 0117 to $0 19813/1,000 This rate is for Delray Beach and Boynton Beach The revenue generated from the five original golf course participants in the Board reclaim program remains at $0 20/1000 gal This is due to a cost formula outlined in their original contract agreements with the Board that stipulates their rate cannot drop below that threshold WASTEWATER RESERVE FOR REPAIR AND REPLACEMENT It is estimated as of 06/30/2013 we will have $2,741,409 in the Wastewater Reserve Account for Repair & Replacement, of that, approximately $641,892 is un- committed We recently committed expenditures of $ 1,800,000 for the replacement of the "B" plant clarifier mechanisms The rate for Repair & Replacement is set at $0 1985/1,000 gallons At this rate The Board will generate $1,159,240 at minimum flow Last year's rate was set at $0 1940/1,000 gallons The slight increase is due to including the deep injection well and the reclaim system expansion from 2009 in the R &R amortization schedule The mechanical parts are starting on their fourth year after a one -year warranty These facilities now have to be factored in this and future upcoming budgets POTENTIAL CAPITAL PROJECTS None are planned at this time AGENDA ITEM 11B South Central Regional Wastewater Treatment & Disposal Board Salient Budget Changes 2013/2014 Projected Budget Increase/ 2012/2013 Budget 2012 /2013 2013/2014 (decrease) PERSONNEL SERVICES - TOTAL $ 1,626,100 $ 1,564,990 $ 1,699,250 $ 134,260 1212 Regular Wages $ 979,000 $ 961,190 $ 1,024,750 $ 63,560 5% Increase for Board Employees /20 % to Reclaim Wages 1223 -1 Dental Insurance $ 8,000 $ 9,000 $ 9,700 $ 700 Small Adjustment 1221 Social Security /FICA $ 101,000 $ 105,000 $ 113,000 $ 8,000 Adjusted due to wage increase. 1223 Health Insurance $ 224,000 $ 169,000 $ 234,000 $ 65,000 Adjusted Due To City of Boynton Beach estimated 15% increase. 1224 Workers Compensation Ins $ 33,000 $ 37,000 $ 34,000 $ (3,000) Estimated decrease per insurer (Zenith) based on past claims. SERVICES - TOTAL $ 1,494,000 $ 1,486,000 $ 1,583,100 $ 97,100 3110 Legal $ 42,000 $ 40,000 $ 40,000 $ No Adjustment. 3120 Services (Gen & Admin) $ 24,000 $ 22,500 $ 22,500 $ No Adjustment. 3409 Pelletization Fees - SWA $ 925,000 $ 925,000 $ 999,000 $ 74,000 Adjusted upwards to account for smaller SWA rebate. Potential Rate increase. 3410 Sludge Hauling $ 206,000 $ 195,000 $ 222,000 $ 27,000 Adjusted upwards to account for CPI Increase allowed by contract. 3411 Grit Hauling $ 160,000 $ 160,000 $ 160,000 $ No Adjustment. 3300 Lab Permit Testing $ 32,000 $ 35,000 $ 30,000 $ (5,000) Adjusted downwards due to in -house work 3200 Auditing $ 32,500 $ 32,500 $ 33,600 $ 1,100 No adjustment. 3500 Services (Maintenance Serv) $ 60,000 $ 63,500 $ 63,500 $ No adjustment AGENDA ITEM J1B O &M - TOTAL $ 1,861,200 $ 1,881,512 $ 1,916,845 $ 35,333 40000 Vehicle /Machinery Fuel $ 22,000 $ 21,500 $ 21,500 $ No adjustment. 4100 Telephone, IT $ 15,000 $ 14,000 $ 14,000 $ No adjustment. 4300 Electricity $ 790,000 $ 850,000 $ 850,000 $ No adjustment. FPL does not anticipate significant rate increase. 4303 Injection Well Process $ 672,000 $ 583,602 $ 620,146 $ 36,544 Adjusted upwards due to increase in reclaim rate. 4303 IRR /Process Reclaim Water $ 13,000 $ 13,000 $ 14,464 $ 1,464 Adjusted upwards due to increase in reclaim rate. 4902 License & Permits $ 17,000 $ 16,400 $ 13,725 $ (2,675) Adjusted downward due to non year for operator's license renewals 5400 Membership Dues $ 10,000 $ 10,000 $ 10,000 $ No adjustment. 5410 Technical Training $ 15,000 $ 15,000 $ 15,000 $ - No adjustment. CHEMICAL /SUPPLIES - TOTAL $ 720,700 $ 699,500 $ 701,000 $ 1,500 CHEMICALS $ 640,000 $ 619,000 $ 620,500 $ 1,500 Adjusted upward slightly to account for deodorizing trailers before leaving. SUPPLIES - Operating, Maint & Lab $ 30,000 $ 30,000 $ 30,000 $ No adjustment. 5220 Oil & Lubricants $ 7,500 $ 7,500 $ 7,500 $ No adjustment. OPERATING ASSETS $20,000 $20,000 $ 20,000 $ - No adjustment. ENGINEERING 114,000 $ 110,000 $ 110,000 $ - No adjustment. CONTINGENCY /INTEREST FEES 5,000 - - $ - Do not budget for. TOTAL BUDGET = $5,841,000 $5,762,002 $6,030,195 $268,193 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM Jlc WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET SUMMARY TOTALS PERSONNEL SERVICES $1,533,679 $1,551,845 $1,626,100 $1,564,990 $1,699,250 OPERATING EXPENSES 3,827,864 4,005,000 4,075,900 4,067,012 4,200,945 SERVICES (Legal,hauling,contracts) 1,414,234 1,448,593 1,494,000 1,486,000 1,583,100 OPERATIONS /MAINTENANCE 1,765,324 1,908,102 1,861,200 1,881,512 1,916,845 CHEMICALS /SUPPLIES 648,305 648,305 720,700 699,500 701,000 TOTAL PERSONNEL AND OPERATING EXPENSES 5,361,543 5,556,845 5,702,000 5,632,002 5,900,195 OPERATING CONTINGENCY 4,502 4,502 5,000 0 0 OPERATING ASSETS 0 0 20,000 20,000 20,000 ENGINEERING 83,598 83,598 114,000 110,000 110,000 TOTAL BUDGET $5,449,643 $5,644,945 $5,841,000 $5,762,002 $6,030,195 F/Y 2012 - 2013 rate = 0 09866 F/Y 13 -14 rate = $ 0.10326 Min flow mgd = 16.0000 avg flow mgd = 16 5000 PERSONNEL ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 1212 REGULAR WAGES $ 983,491 $ 981,958 $979,000 $961,190 $1,024,750 12121 SICK/VACATION REDUCTIONS 54,952 63,044 50,400 55,000 55,000 1214 OVERTIME 53,991 61,781 61,000 61,000 61,000 12151 EMPLOYEE ASSIST PROG 701 520 1,000 1,000 1,000 1221 SOCIAL SECURITY 92,772 94,239 101,000 105,000 113,000 1223 HEALTH INSURANCE 150,195 153,366 224,000 169,000 234,000 12231 DENTAL INSURANCE 7,696 7,221 8,000 9,000 9,700 12232 DISABILITY INSURANCE 5,051 4,777 6,000 6,000 6,000 12233 LIFE INSURANCE 602 555 1,200 1,200 1,200 12234 VISION CARE 969 968 1,500 1,600 1,600 1224 WORKERS' COMPENSATION 23,886 25,138 33,000 37,000 34,000 1225 UNEMPLOYMENT 0 0 2,000 2,000 2,000 1236 PENSION 124,688 124,665 128,000 125,000 125,000 1237 DEF COMP SUP 34,463 32,715 29,000 30,000 30,000 1240 PAYROLL CONTINGENCY 223 898 1,000 1,000 1,000 TOTAL PERSONNEL SERVICES $1,533,679 $1,551,845 $1,626,100 $1,564,990 $1,699,250 Page 1 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM 11c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process SERVICES ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3100 MEDICAL SERVICES $766 $170 $1,500 $1,500 $1,500 3110 LEGAL (GENERAL & ADMIN) 27,277 16,261 42,000 40,000 40,000 3120 SERVICES (G & A) 16,686 17,693 24,000 22,500 22,500 3200 AUDITING 29,123 35,231 32,500 32,500 33,600 3300 LAB PERMIT TESTING 32,205 22,842 32,000 35,000 30,000 3406 METER CALIBRATION 7,440 7,152 8,000 8,000 8,000 3409 PELLETIZATION FEES - SWA 825.705 942.008 925,000 925,000 999,000 " see note for actual 3410 SLUDGE HAULING 251,176 188 347 206,000 195,000 222,000 3411 GRIT HAULING 160,209 172,543 160,000 160,000 160,000 3412 TRASH HAULING 4,232 -347 3,000 3,000 3,000 3500 SERVICES (Ops, Maint & Prof) 59,415 46,692 60,000 63,500 63,500 TOTAL SERVICES $1,414,234 $1,448,593 $1,494,000 $1,486,000 $1,583,100 ** SWA Cost Rebate 02/2011 $59,263 62 SWA Cost Rebate 0212012 $40,090 19 SWA Cost Rebate 04/2013 $129,899 16 Page 2 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM J I c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process OPERATIONS /MAINTENANCE ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4000 VEHICLE EXPENSE $ 14,069 $ 9,110 $22,000 $21,500 $21,500 4020 BOARD CONTINGENCY 2,462 2,380 4,000 4,000 4,000 4100 TELEPHONE 16,222 15,992 15,000 14,000 14,000 4102 POSTAGE 3,407 3,087 3,000 3,000 3,000 4300 ELECTRICITY 836,810 735,969 790,000 850,000 850,000 4302 WATER 9,147 10,550 12,000 12,000 12,000 4303 IRR/PROCESS RECLAIM WATER 7,058 10,079 13,000 13,000 14,464 4304 INJECTION WELL PROCESS 523,906 773,363 672,000 583,602 620,146 4400 EQUIPMENT RENTAL 854 2,578 2,000 2,000 2,000 4500 INSURANCE 242,293 210,290 211,000 265,010 265,010 4600 M & R EQUIPMENT 23,156 40,641 32,000 31,000 31,000 4620 M & R VEHICLES 6,716 24,241 7,500 7,000 7,000 4630 M & R GROUNDS 9,724 7,580 10,000 10,000 10,000 4640 M & R BUILDINGS 12,507 17,878 16,000 15,000 15,000 4650 M & R UNSPECIFIED 5,194 5,766 5,000 5,000 5,000 4900 ADVERTISING 2,064 103 3,000 3,000 3,000 4902 LICENSE & PERMITS 13,957 11,827 17,000 16,400 13,725 5400 MEMBERSHIP DUES & SUBSCRIPTIOr 9,191 9,897 10,000 10,000 10,000 5410 TECHNICAL TRAINING 7,365 10,559 15,000 15,000 15,000 5420 EDUCATIONAL EXPENSES 6 1,500 1,700 1,000 1,000 6400 CAPITAL ASSETS 19,217 4,713 0 0 0 TOTAL OPERATIONS /MAINT. $1,765,324 $1,908,102 $1,861,200 $1,881,512 $1,916,845 Page 3 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM J 1 c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process CHEMICALS /SUPPLIES ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 5100 OFFICE SUPPLIES $ 7,275 $ 7,275 $8,200 $8,000 $8,000 5201 SAFETY SUPPLIES 5,074 5,074 6,000 6,000 6,000 5202 GENERAL OPERATING 8,833 8,833 10,000 10,000 10,000 5203 JANITORIAL SUPPLIES 1,120 1,120 3,000 3,000 3,000 5204 LABORATORY SUPPLIES 15,286 15,286 17,000 17,000 17,000 5210 CHEMICALS 567,080 567,080 640,000 619,000 620,500 5220 OIL, FUEL, LUBRICANTS 4,745 4,745 7,500 7,500 7,500 5225 DIESEL 28,637 28,637 15,000 15,000 15,000 5230 CONSTRUCTION MATERIALS 1,755 1,755 1,000 1,000 1,000 5240 UNIFORMS 7,524 7,524 8,000 8,000 8,000 5250 SMALL TOOLS < $500 613 613 2,000 2,000 2,000 5251 OFFICE EQUIPMENT <$500 334 334 1,000 1,000 1,000 5252 LAB EQUIPMENT < $500 30 30 2,000 2,000 2,000 5255 PLANT EQUIPMENT - - 0 0 0 TOTAL CHEMICALS /SUPPLIES $648,305 $648,305 $720,700 $699,500 $701,000 OPERATING EXPENSES (SUMMARY) SERVICES $1,414,234 $1,448,593 $1,494,000 $1,486,000 $1,583,100 OPERATIONS /MAINTENANCE $1,765,324 $1,908,102 $1,861,200 $1,881,512 $1,916,845 CHEMICALS & SUPPLIES $ 648,305 $ 648,305 $ 720,700 $ 699,500 $ 701,000 TOTAL OPERATING EXPENSES $3,827,864 $4,005,000 $4,075,900 $4,067,012 $4,200,945 Page 4 acct detail fy 2013 -2014 South Central Regional Wastewater Treatment & Disposal Board AGENDA ITEM J I c WASTEWATER OPERATIONS & MAINTENANCE BUDGETS 2010 -2014 In process OPERATING CONTINGENCY ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 4990 OPERATING CONTINGENCY $0 $0 $0 $0 $0 4992 INTEREST /FEES /PENALTIES 4,502 4,502 5,000 $0 $0 TOTAL OPERATING 34,502 $4,502 $5,000 $0 $0 CONTINGENCY OPERATING ASSETS ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO. DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 6400 OPERATING ASSETS $0 $0 $20,000 $20,000 $20,000 TOTAL OPERATING $0 $0 $20,000 $20,000 $20,000 CONTINGENCY ENGINEERING ACCOUNT 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2013 -2014 NO DESCRIPTION ACTUAL ACTUAL PROJECTED BUDGET BUDGET 3150 GENERAL $ 73,598 $ 73,598 $114,000 $110,000 $110,000 3160 BIOTOXICITY 0 0 0 0 0 3162 PRETREATMENT 10,000 10,000 0 0 0 3163 THERMAL SCREENING 0 0 0 0 0 TOTAL ENGINEERING $83,598 $83,598 $114,000 $110,000 $110,000 GRAND TOTAL BUDGET: $5,449,643 $5,644,945 $5,841,000 $5,762,002 $6,030,195 Extraordinary credits received $98,109 $ 40,090 $ 129,899 Actual expenditures = $5,547,752 $5,685,035 $5,970,899 Page 5 acct detail fy 2013 -2014 AGENDA ITEM J1c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 PERSONNEL ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 1212 REGULAR WAGES Base wages - 23 Regular Employees, 0 part-time 1,280,750 3 Administrative Reclaim (256,000) 3 Lab & pretreatment Wastewater $1,024,750 10 Operators(including Chief) + Holiday reg 7 Maintenance(including Chief) 0 Part-time $256,000 for Reclaim (20% man hours) 12121 SICK PAY REDUCTION Employees 96 hours sick pay 30,000 12122 VACA PAY REDUCTION Vacation up to 120 hours 25,000 1214 OVERTIME Shift coverage as required for plant operations Employees working over 40 hours per week (excluding sick hours) are paid at time and a half 12141 Hurricane Watch 3,000 12142 Maintenance 5,000 12143 Shift 1 Coverage 12,000 12144 Shift 2 Coverage 6,000 12145 Shift 3 Coverage 12,000 12146 Training 1,000 12148 Holiday Coverage 18,000 12149 Lab /Pretreatment 3,000 12150 Special Projects 1,000 61,000 12151 EMPLOYEE ASSISTANCE Board cost $2 75 per employee per 1,000 PROGRAM month Provides family counseling and referral services to employees and their families Legal and financial consulting 1221 SOCIAL SECURITY/ Employer's estimated cost 7 65% 113,000 MEDICARE Social Security - 6 2% Medicare - 1 45% 1223 CIGNA Board cost per employee [22] is estimated @ 234,000 HEALTH INSURANCE $800 00 monthly (@ 20% Inc est) + $85 @ emp /mth to BB 12231 DENTAL INSURANCE Board cost per employee [22] est @ $37 00 monthly 9,700 F \FINANCE WORKSH1\Budget \fy2013- 2014 \acct detail fy 2013 -2014 Page 1 of 9 7/9/2013 11 10 AM AGENDA ITEM Jlc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 PERSONNEL (cont.) ACCT. NO. DESCRIPTION BUDGET 12232 DISABILITY INSURANCE Long term disability insurance provided 6,000 by the Board at approximately on 40 hour base pay per employee 12233 LIFE INSURANCE Board provides term life insurance 1,200 12234 VISION CARE Employee vision plan $6 @ emp mthly 1,600 1224 WORKERS' COMPENSATION Cost per employee based on a 40 hour 34,000 base pay and claims rating -1+ annual audit 1225 UNEMPLOYMENT Paid on a reimbursable basis according 2,000 to claims received 1236 PENSION Defined Board contribution based on 40 125,000 hours base pay for participants plus administrative fees 1237 DEF COMP SUPPLEMENT Deferred comp 30,000 1240 PAYROLL CONTINGENCY 1,000 TOTAL PERSONNEL $1,699,250 F \FINANCE WORKSHT\ Budget \fy2 01 3- 2 01 41acct detail fy 2013 -2014 Page 2 of 9 7/9/2013 11 10 AM AGENDA ITEM 11c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FA' 2013 -2014 SERVICES ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3100 MEDICAL SERVICES Employee physicals, drug screens & immunizations $1,500 3110 LEGAL SERVICES Attorney fees 31101 Admin - Saberson $35,000 31103 Pension - Gray Robinson 5,000 40,000 3120 SERVICES 31201 Accounting & Bookkeeping 1,000 General & Administrative 31202 Computer Consultant & S/W Lic renewals 11,000 31205 Insurance Review 7,500 31206 Copier Maint Contract 2,000 31207 Appraisal Fee (done 2010) 0 31208 Others 1,000 22,500 3200 AUDIT FEES 32001 Annual Audit - GASB & Standards 33,600 (total $38,600 - Reclaim = $5,000) 3300 LAB PERMIT TESTING Outside Lab Testing Services 30,000 3406 METER CALIBRATION Calibration of transmitters, totalizers, 8,000 FLORIDA SERVICE recorders, and flowmeter pump as required 3409 SLUDGE PELLETIZATION 18,500 Wet ton per year * est $54 999,000 Any additional related costs 3410 SLUDGE HAULING Haul to SWA Pelletization 18,500 tons * $12 00 222,000 transportation re -route when required 3411 GRIT HAULING 85 trips @ $1,477, 27 trips @ $1,272 160,000 3412 TRASH AND HAULING Tipping fee for trash hauling Regular trash container 3,000 3500 SERVICES 35001 Centrifuge 10,000 Operations, Maintenance & 35002 Air Scrubbers Balancing - vibration testing 2,000 Professional 35003 Generators [3 units] 10,000 35004 Lawn Maintenance 14,000 35005 Admin Building Cleaning 6,000 35006 Lab Equipment - Calibration 2,000 35007 Sodium Generators 2,500 35008 Other 1,000 35009 Water Softener 1,000 35011 Lab Compliance Consultant 15,000 63,500 TOTAL SERVICES $1,583,100 F \FINANCE WORKSH11Budget \fy2013- 2014 \acct detail fy 2013 -2014 Page 3 of 9 7/9/2013 11 10 AM AGENDA ITEM J 1 c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES OPERATIONS /MAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4000 VEHICLE EXPENSE Mileage reimbursement @ $0 565 /mile (FED rate), Fuel for company vehicles golf carts, and gas powered equipment (Due to the fluctuating cost of fuel, we are estimating fuel) 40002 Mileage Reimbursement 500 40003 Fuel for Vehicles /Equip 5,250 gal $4 00 21,000 $21,500 4020 BOARD CONTINGENCY Public relations, good will tours, floral arrangements or fruit baskets, cards for illnesses or funerals, and miscellaneous business expenses 40201 Board Expense Appreciation 1,000 40202 Board Expense Meals 2,000 40204 Board Expense Travel, Lodging 1,000 4,000 4100 TELEPHONE EXPENSE Monthly base fees and long - distance usage 14,000 including Fax,cellular phones and E- mail/Internet/website 4102 POSTAGE U S Mail - Rate $ 45 first class /Equipment lease 3,000 4300 ELECTRICITY 11,300,000 kw * 075 /kw 850,000 Plant avg 16 0 mgd 4302 WATER CONSUMPTION Consumption of plant avg $4,000 @ mth * 25% 12,000 ( 75 est for reclaim portion = $36,000) 4304 INJECTION WELL PROCESS Anticipate 8 6 mg @ day @ $0 19813/1000 = 3,130 mgy 620,146 4303 IRR /PROCESS REUSE WATER Irrigation water cost 2 m gal /day © $ 19813/1000 14,464 4400 EQUIPMENT RENTAL Cranes, various equipment, and instru- 2,000 ments as required in maintenance and operations 4500 INSURANCE EXPENSE 45001 General Professional Liability 55,000 45003 Employment Practices 1,600 45004 Fiduciary 2,000 45006 Petroleum Storage Tank 2,100 45007 Pollution Liability (3 yr policy 2009 - 2012) 14,210 45008 Commercial Property 184,000 45011 Employee Dishonesty 6,100 265,010 F \FINANCE WORKSHT\Budget\fy2013- 2014 \acct detail fy 2013 -2014 Page 4 of 9 7/9/2013 11 10 AM AGENDA ITEM J1 c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2013 -2014 OPERATIONS /MAINTENANCE ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4902 LICENSES AND PERMITS 13,725 STATE Professional & Operators license & renewal 4/2015 300 Operating Permit 7,500 Storage Tank 75 NELAC - Lab (pd through 2012) 1,000 8,875 PALM BEACH COUNTY Air Pollution Licenses 1,000 Wellfield Permit 75 Storm Water 500 Tags on Trucks 100 Wastewater 2,150 3,825 CITY & SPECIAL DISTRICT Solid Waste Assessment/Lake Worth Drainage 0 Special District Fee 175 Other 850 1 025 5400 MEMBERSHIP DUES AND Dues - Professional organizations 10,000 SUBSCRIPTIONS Professional Registration and licenses, journals and subscriptions FWEA = $7,500 - 8,000 5410 TECHNICAL TRAINING CPEs required for lic renewal per FLDEP Lab Technical, and Quality Assurance Short Schools, Personnel Seminars and technical conferences, computer classes 54101 Conferences 5,000 54102 Meals 1,000 54103 Travel & Lodging 4,000 54104 CEU courses 5,000 15,000 5420 EDUCATIONAL EXPENSES Classes, books & fees 1,000 TOTAL OPERATIONS /MAINT. $1,916,845 F \FINANCE WORKSHT\ Budget \fy2013- 2014\acct detail fy 2013 -2014 Page 6 of 9 7/9/2013 11 10 AM AGENDA ITEM Jlc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD FN 2013 -2014 OPERATING EXPENSES: SERVICES; MAINTENANCE; CHEMICALS & SUPPLIES CHEMICALS AND SUPPLIES ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5100 OFFICE SUPPLIES Copier paper, stationery, printer ink cartndges 8,000 business cards, check printing, general office supplies, & necessities 5201 SAFETY SUPPLIES Gloves, protective glasses, face shields, 6,000 hearing protection, overboots, ear - plugs, muffs, emergency eye wash, cartndge respirators, gas cartridge, sterile storage bags for resp- irators, disinfection systems for respirators, fit test ampoules, respirator storage cabinets, disposal respirators, chemical spill absorb- ents, oil sorbent, liquid chemical neutralizers, barricade tape, hazardous materials response kit, salvage drum, diffusion detector tubes, signs, labels, tags, first aid supplies, fire extinguishers and accessories, hazardous area lights, emergency small tools, safety charts, books 5202 GENERAL OPERATING Operating supplies, raingear, hard -hats, 10,000 SUPPLIES boots, drager tubes, gloves, hoses, fire hoses, chart pens, charts, DO meters, sludge jugs, flags, coffee supplies, water cooler supplies, batteries, hurricane supplies, and other miscellaneous supplies 5203 JANITORIAL SUPPLIES Mops, brooms, paper goods, brushes, all 3,000 necessary janitorial cleaning supplies 5204 LABORATORY SUPPLIES Laboratory upgrades and replacements 17,000 Reagents, glassware, replacement of equip- ment, apparatus Lab supplies consumed by Process testing done in house Plus NELAC 5210 CHEMICALS 52101 Polymer 455,000 Ibs @ 98 lb 446,000 52103 cl2 Sodium Hypo 12% @ $ 825 Gal 32,000 26,000 52105 Misc Chemicals - Bisulfite, Sulfuric etc 10,000 52106 Caustic 40,000 gal @$2 50 @ gal 100,000 52108 Salt 1,400 tons @ $110 00 * 25 % *" 38,500 * *Plant = $110 00 * 350 tons 620,500 F \FINANCE WORKSH1lBudget \fy2013 -2014 \acct detail fy 2013 -2014 Page 7 of 9 7/9/2013 11 10 AM AGENDA ITEM 31c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2013 -2014 CHEMICALS AND SUPPLIES (cont.) ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 5220 OIL, GAS, GREASE, AND Misc gas, grease, oil and lubricants for pumps 7,500 LUBRICANTS and mowers 5225 DIESEL FUEL Diesel fuel for generator 15,000 5230 CONSTRUCTION MATERIAL Walkways, signs, fencing, rails, platforms, 1,000 small shelters, concrete, etc Additional office and storage units 5240 UNIFORMS Provides five (5) new sets of uniforms for 8,000 employee per year Basis cost of $200 00 each Approved protective safety shoes $100 ($200) employee per year (potential of two pairs due to environment) 5250 SMALL TOOLS AND Hand tools, dells, bits, files, small toolboxes, 2,000 EQUIPMENT PURCHASE electrical equipment, and small maintenance tools < $750 00 value 5251 OFFICE EQUIPMENT Filing cabinets, chairs, calculators, adding 1,000 machines, office mats, shelves, printers, tables < $750 00 value 5252 LAB EQUIPMENT Small equipment <$750 00 2,000 5255 PLANT EQUIPMENT Equipment used to maintain grounds /buildings 0 TOTAL CHEMICALS AND $701,000 SUPPLIES F \FINANCE WORKSHT\Budget \fy2013- 2014\acct detail fy 2013 -2014 Page 8 of 9 7/9/2013 11 10 AM AGENDA ITEM J l c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD F/Y 2013 -2014 OPERATING CONTINGENCY ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 4990 OPERATING CONTINGENCY To be utilized as a supplement for any line $0 items which are exceeded during the budget year Status of this Fund to be reported to Board OPERATING ASSETS ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 6400 OPERATING ASSETS To be utilized for Plant Operations /Maintenance $20,000 ENGINEERING ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET 3150 GENERAL 31501 General /Permit Assistance $110,000 (Deep well study) 3162 PRE - TREATMENT FLDEP Permit (Mathews Consulting) $0 3163 THERMAL SCREENING Scan every 2 years $0 [Performed 2011 -2012 through insurance carrier] TOTAL ENGINEERING $110,000 GRAND TOTAL BUDGET: $6,030,195 rate = $ 1 0326 Min flow = 16 00000 L/Y budget = $5,762,002 $268,193 4 5% Increase F \FINANCE WORKSH11 Budget \fy2013- 2014\acct detail fy 2013 -2014 Page 9 of 9 7/9/2013 11 10 AM AGENDA ITEM JIc SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET FIY 2012 -2013 ACCOUNT NO. DESCRIPTION 2010 -2011 2011 -2012 2012 -2013 2012 -2013 2012 -2013 ACTUAL ACTUAL PROJECTED BUDGET BUDGET R 1212 REGULAR WAGES $158,316 $170,000 $241,000 $240,000 $256,000 R 31101 LEGAL 0 2,000 1,700 2,000 2,000 R 31502 ENGINEERING 0 50,000 43,800 10,000 60,000 R 32001 AUDIT 5,000 5,000 5,000 5,000 5,000 R 3402 TESTING 34,623 57,285 56,700 92,285 92,285 R 3406 METER CALIBRATION 2,213 3,000 3,000 3,000 3,000 R 4630 SERVICES (LAWN MAINT) 6,953 7,000 8,500 10,000 10,000 R 43000 FUEL FOR VEHICLES 1,000 1,000 1,000 1,000 1,000 R 4300 ELECTRICITY 384,219 500,000 395,000 425,000 425,000 R 45001 INSURANCE 32,000 32,000 32,000 32,000 32,000 R 46014 M & R EQUIPMENT 10,681 8,000 8,000 8,000 8,000 R 4640 M & R BUILDING 1,132 1,000 1,000 1,000 1,000 R 4902 LICENSES & PERMITS 0 0 0 0 0 R 5204 SUPPLIES LAB 1,346 10,000 17,000 17,000 17,000 R 52103 CHEMICALS 242,677 272,300 225,000 272,300 276,500 TOTAL BUDGET: $880,160 $1,118,585 $1,038,700 $1,118,585 $1,188,785 000 detail sy 2013 -2014 Page 1 011 7/9/2013 11 01 AM AGENDA ITEM J I c SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD RECLAIM WATER OPERATIONS & MAINTENANCE BUDGET F/Y 2013 -2014 ACCT. NO. ACCOUNT TITLE DESCRIPTION BUDGET R 1212 REGULAR WAGES Reclaim charged (20 %) $256,000 work related to reclaim R 31101 LEGAL Attorney fees associated with 2,000 reclaim R 31502 ENGINEERING Engineering fees 60,000 (Permit renewal - est $58k) from General Consult R 32001 AUDIT Audit fees for reclaim 5,000 R 3402 TESTING Costs associated for lab fee 92,285 ($35k MIT Deepwell Testing Permit Required) R 3406 METER CALIBRATION Calibration of transmitters, 3,000 totallizers, recorders as required R 4630 SERVICES - Ground Cost incurred for maintenance 10,000 of grounds associated with reclaim R 40003 FUEL FOR VEHICLES Fuel for monitoring of reclaim 1,000 & Golf Course service /meter reading R 4300 ELECTRICITY 5,700,000 kwh * .075 /kwh 425,000 (kwh .075 avg) R 45001 INSURANCE Property liability package for 32,000 reclaim covered under plant policy R 46014 M & R EQUIPMENT Annual repair items for reclaim 8,000 pumps & equipment in -plant R 4640 M & R BUILDINGS Cost incurred for repair of reclaim 1,000 buildings R 4902 LICENSE & PERMITS Cost for State & local reclaim 0 permits R 5204 LAB SUPPLIES Lab supplies consumed for 17,000 testing required by FLDEP & NELAC Specific for Reclaim R 52103 CHEMICALS Sodium Hypochlorite - 276,500 GF Line item= 52108 est salt 1,050 tons @ $110 per ton 115,500 4300 est $36,000 water for production 36,000 4302 est electric for production 1,650,000kw 125,000 TOTAL BUDGET: $1,188,785 (16.5 mgd est) approx. 6000 mg annual = rate 0 19813 Prior F/Y 2011 -2012 0 18643 6000 MGY - 0.0117 acct detail fy 2013 -2014 Page 1 of 1 7/9/201311 01 AM P � P Si 0ATEq rq� Z WI � pc,. w - O y . a � d �0 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.19813/1,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 2013/2014. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently T above action is hereby ratified in open session by the City of Boynton Beach this c26' day of , 02o /3 , by a 5- 0 vote CITY OF BOYNTON BEACH By: Mayor /City Manager N'c Attest: • l L lerk s p N Approved as to form: r ity Attorney , r F IdocsIBOARD MEETINGSI RATIFICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx AGENDA ITEM J3 South Central Regional Wastewater Treatment and Disposal Board RECLAIM USER RATE OPERATION & MAINTENANCE F/Y 2013 -2014 Original Retail Customers (1 5 billion gal /year) City of Boynton Beach (est 110 million gal /year - 3 mgd * 365) City of Delray Beach (750 million gal /year) [Delray Muni,Hamlet,Delaire,Lakeview, Misc] SCRWWTP (Deep Well = 3467 5 million gal /year) (process = 73 million gal /year) Total = 6000.0 mg annual (16 5 mgd est average flow) (using 1,3,5,7 and 10 year influent averages) Projected budget Reclaim O&M = $1,188,785 Total flow through reclaim facility MG 6000.00 F/Y 2013 -2014 Rate = $0.19813 User Flows RATE Revenue Original Retail Customers 1.5 billion gal /year 0.20/1000 gal $ 300,000 80% of use storage tank at SCR 1 2 billion gal /year (4 courses $ 08 surcharge) $ 96,000 City of Boynton Beach 110 million gal /year 0 19813000 gal $ 21,794 City of Delray Beach 750 million gal /year 0.19813000 gal $ 148,600 SCRWWTP Deep Well 3467.5 million gal /year 0 19813000 gal C $ 620,146 Process @ .2 mgd 73 million gal /year 0 19813000 gal $ 14,464 $ 1,201,004 * Due to higher rate to retail customers (including storage charge) SCR anticipated $12,219 well flow of 9.5 mgd - adjusted to 8.60 mgd to balance budget Exp (over) /under Rev F \FINANCE WORKSHT\Budgetlfy2013- 2014\acct detail fy 2013- 201iPage 1 of 1 7/9/2013 11 01 AM P stol oATER 1 q � gTli � F Z Y CC y400s 6�d00 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, ACCEPTED THE 2013/2014 ORGANIZATIONAL CHART AND SALARY RANGES. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently Th above action is hereby ratified in open session by the City of Boynton Beach this Gig, day of , &o13 , by a 5 -0 vote CITY OF BOYNTON BEACH By: Mayor /City Manager A ct _ t) :j c. ' Attest: • r /' Clerk ,, P • Approved as to form: - • ity Attorney F IdocsIBOARD MEETINGSIRAT IFICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx no N .-1 W H Q 2 0 0 W G ;r >. Q E _ w O Q CO U ~ 6 U z a Uj O s •.-..• � _ �i > m 1 • °'Q n w J h1H 1 o O to V a a a 4 m z N , o W G Li � « di ( n p Z , t i W - wz W 1 W H W S am '' W F- O M Z .� p Q 1.4 c y a V , 0 U p ' i. O W C N w O } U rg H j W i z Q N w U U mz o li W Z ' F� + A Z 0 Y w ti Z 10 �.. Q * V DC U p z N Wt r n Q W , W �- O Q : j w a o co Q D m W (n Oa w ZH xtn ,�z O ft WQ � = z a o N Q <xa. 0 q 0 0 W • = , f 0 vi uJ U .Q a �i. V W a N F - w a O "' Z wo a 0 o v 1 =W a p 0 � 0 CO H (/) V CC LL z 0 Y ZI- 00 W QC w < } 0 ti z 0 a 0 0 z O Q 0 Q ci o v W V- Q 85 co N n N O F- o co 0) N co e- .- co O M W ti L() (0 (0 N- f-- 0) z E 1 1 1 1 1 1 1 I W N W ( 0 (0 O ��" co 0 O� U >- a 0) O � c) -4- (0 Q W -- -a ° M () v v v (0 0 lr a °m �0 0 0 0 0 0 0 0 -J W O O O 0 0 0 0 0 f a co ( M NI- co � (0 co co O a a y 1 1 1 1 1 1 1 I W O 41) 0 O O 0 o 0 o 0 0 a. - ° O 0 0 0 0 0 0 0 0 0 0 06 Q a ce N o M CO M v co o co re 1- 2o a 1- N J W O Z 0 0 0 0 0 O 0 0 IX N Z F- O 0 0 0 0 0 0 0 t ` I Z W W Q W CO v co c6 c c co a p HO I I I 1 1 I I 1 a Z n CL o o 0 0 0 0 0 0 Q U 0 0 0 0 o 0 0 0 O N N (:5- M CO CO v' U) o • fX o 0 J Q ° a Z W CC CC m6' O 0 W F- F- C O CO W Q Z W CO _ _ Z O W 1- Z Z H o CV W W W Q O _ U m Q Z a (n Z- 0 Z F- N Q H Z W a — Z— Z 0- > u) 5 H O fx 1- ( n a Y - W rx Q w JQ W Z Z Z LU m 0 > W W U > O dZ (� Z> Q W W m J W V W O W o = p W 0- a 4 W 0 0 Q FW- - I-1- W 0 H J W 0 O -� O W m Q Q W Z o O m Ov w��� 0 - a, H a 3 m R W 0) o 0 cc C7 0 = - > > 5 > 0 Q Q a IL 440 0∎1ATER Tq &4T ,y CC 8 0 r ay o y o � d o� RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO ESTABLISH USER RATE (O &M AT $1.0326/1,000 GAL AND R &R RESERVES AT $0.1985/1,000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2013/2014:. 11311/1,000 GAL WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently The above act n is hereby ratified in open session by the City of Boynton Beach this of 6day of ,_Q�,bya'S -CD vote CITY OF BOYNTON BEACH By: Mayor /City Manager V: M Attest. Cit Clerk fu -' Approved as to form: City Attorn:� F IdocsIBOARD MEETI NGSI RATIFICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx AGENDA ITEM J2 South Central Regional Wastewater Treatment & Disposal Board WASTEWATER OPERATIONS REPAIR & REPLACEMENT RESERVES FUND USER RATE & PROJECTED REVENUES F/Y 2013 -2014 RATE ( O &M Budget $6,030,195 $1.0326/1,000/gal 0 & M $0.1985/l ,000 /gal Reserves $1.2311/1,000/gal Total WiliTWERTM11111F/Y 2012 -2013 Rate OPERATIONS & MAINTENANCE PROJECTED FLOW RATE INCOME MINIMUM 16.0 mgd $1.0326/1,000/gal ( I $6,030,195 AVERAGE 16 5 mgd $1.0326/1,000/gal $6,218,834 MAXIMUM 17 0 mgd $1.0326/1,000/gal $6,407,283 RESERVES FOR REPAIRS & REPLACEMENT PROJECTED FLOW RATE INCOME MINIMUM 16.0 mgd $0.1985/1,000/gal ( $1,159,240 AVERAGE 16.5 mgd $0.1985/1,000/gal $1,195,466 MAXIMUM 17 0 mgd $0.1985/1,000/gal $1,231,693 R &R Rate from Amortization done 05/2012 Previous rate for R &R was $.1940 effective F/Y 2008 -2009 F/Y 2007 -2008 R &R rate was $ 1800 F \FINANCE WORKSHT\Budget \fy2013 - 2014 \acct detail fy 2013 -Rage 1 of 1 toWATER T J ^a �0 y a � d �0 RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6 -0, gave AUTHORIZATION TO ADD THE FOLLOWING SUBSECTION TO SECTION 5 "SICK LEAVE" OF THE BOARD RULES TO READ: 5.1 Sick Leave Donations: It shall be the policy of the Board to permit an employee who has a minimum of 120 hours sick leave the opportunity of donating accrued sick leave time to a designated employee whenever extraordinary circumstances require the designated employee to be absent from work for a lengthy period of time (workers' compensation leave time excluded), and when the receiving employee has exhausted all available paid leave. Extraordinary circumstances shall be defined as lengthy hospitalization, critical illness or off -the job injury. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently The bove action is hereby ratified in open session by the City of Boynton Beach this a c . day of , 41)/3 , by a 5 vote. CITY OF BOYNTON BEACH By: Mayor /City anager i i5' s Attest: Cit Clerk Approved as to form: City Attorney ' / F IdocsIBOARD MEETINGSI RATIFICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx P � AS . I EWATEq 1' 7 m ., o ¢ ° OS CO RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF JULY 18, 2013 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board did on July 18, 2013, by a vote of 6- 0,gave AUTHORIZATION TO AMEND PARAGRAPH 5, SECTION 4 OF "VACATION LEAVE" OF THE BOARD RULES TO READ: Two hundred sixteen hours is the maximum vacation credited that may be accumulated at the end of the Fiscal Year unless, due to extenuating circumstances, a carryover of same is recommended in writing by the Executive Director. An employee may take up to 80 -hours 120 hours of vacation time in the form of a cash -out once in a Fiscal Year providing the employee has accumulated an excess amount of hours in their vacation bank. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently The above action is hereby ratified in open session by the City of Boynton Beach this a4-, day of c1D /3 , by a 5 vote. .^n CITY OF BOYNTON BEACH By: I A r or ":*,‘ anager s Attest: O , /1 I City Clerk Approved as to form: ' ity Attorney, , F IdocsIBOARD MEETINGSI RATIFICATIONS12012- 20131Boynton Beach Ratification 07 -18 -2013 docx SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue • Delray Beach, Florida 33445 Telephone (561) 272 -7061 (561) 734 -2577 Fax: (561) 265 -2357 www scrwwtp.org To CITY OF BOYNTON BEACH Date October 24, 2013 City Clerk's Office Address 100 East Boynton Beach Boulevard Job Interlocal Government Agreement Boynton Beach, Florida 33425 Between Solid Waste Authority of Palm Beach County and South Central Attention Janet M Prainito, CMC Regional Wastewater Treatment and Disposal Board We Are Sending You: • Herewith ❑ Under Separate Cover Sent By: ❑ Blue Printer ❑ Hold for Pickup ❑ Reports ❑ Tracings ❑ Prints • Hand Delivered ❑ Mail ❑ Shop Drawings ❑ Specifications ❑ UPS ❑ Federal Express ❑ Samples ❑ Contracts • Agreement No Sreet No Date D-escn 1 07/18/2013 Fully Executed Third Amended Interlocal Government Agreement between South Central Regional Wastewater Treatment and Disposal Board and The Solid Waste Authority of Palm Beach County Remarks Transmitted: Copies: ❑ At Your Request ❑ For Your Files ❑ For Your Comments ❑ For Your Approval Very truly yours ❑ For Distribution SCRWWT&DB ❑ For Correction ❑ Furnish as Submitted ❑ Furnish as Corrected File B 6 ` Z`N 47 ❑ Revise and Resubmit Lori A Osborn, CAP /OM Executive Assistant