07-1845 Authorizing Execution of Amendment VII to Interlocal Agreement with Orlando

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the project has executed such an agreement with Orlando. If none of the Participating Agencies wish to participate in the rerating cost, Orlando may choose to undertake the project at its sole expense and shall receive any additional capacity derived there from. Section 4. Payment for Repairs, Replacement and Capital Improvements a. Funded Improvements. Agency acknowledges that, from time to time, Orlando must perform repairs, replace and renew components and construct improvements to the Iron Bridge Facility ("Improvements") in order to maintain the reliability, performance level and capacity of the treatment plant. Improvements which can reasonably be paid out of the annual operations and maintenance budget for the facility, together with any applicable uncommitted amounts then remaining in the Capital Accumulation and R & R Accumulation Accounts, if any, ("Funded Improvements") shall be performed by Orlando and paid from the operating fees charged by Orlando and, to the extent available and applicable, the Capital Accumulation Account and R & R Accumulation Account, as set forth in section 5 below. b. Unfunded Improvements. For Improvements, the cost of which cannot reasonably be paid from the operating fees and applicable amounts then existing in the Capital Accumulation Account and R & R Accumulation Account set forth in Section 5 below ("Unfunded Improvements"), Orlando shall first notify each Participating Agency of the need for an Unfunded Improvement and schedule a meeting to advise and explain to each Participating Entity the need for the Unfunded Improvement. Not less than one hundred eighty (180) days after such meeting, if Orlando determines that the proposed Unfunded Improvement would be beneficial and in the best interest of the Iron Bridge Facility, Orlando may commence work on the final design of the Unfunded Improvement and invoice each Participating Agency with capacity at the Iron Bridge Facility for work performed in proportion to each agency's then current Capacity Allocation. Participating Agencies shall pay all invoices within thirty (30) days of receipt of such invoice from Orlando. c. Financing, Design, and Records Related to Improvements. Orlando shall not be required to provide financing for Agency, nor shall Orlando carry the Agency's share of any Improvement costs for a period in excess of thirty (30) days from Agency's receipt of notice of the invoice, unless Orlando voluntarily consents to do so by separate written agreement. Subject to the obligation of each Participating Agency which is a party to an Improvement to pay their proportionate share of the cost of any Improvements, Orlando shall permit, manage, design, construct, inspect, test and place into service all Improvement projects. Agency agrees to use its best efforts to cooperate with Orlando in the design, construction, operation and maintenance of all Improvement projects and shall promptly review any submittals sent by G`