HomeMy WebLinkAboutR-2004-148 Water Agreement with Ft. Lauderdale RESOLUTION NO. 2004-148
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING
THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE
CITY OF FORT LAUDERDALE,AS SELLER,AND ON BEHALF OF THE CITY
OF DANIA BEACH, AS CONSUMER, FOR THE SALE AND PURCHASE OF
POTABLE WATER; PROVIDING FOR CONFLICTS; FURTHER,PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1. That the Agreement between the City of Fort Lauderdale,as seller,and the City of
Dania Beach,as consumer,for the sale and purchase of potable water,a copy of which Agreement is
attached and marked as Exhibit"A",is approved and the appropriate city officials are authorized to
execute same.
Section 2. That the City Manager and the City Attorney are authorized to make minor
revisions to such Agreement as are deemed necessary and proper for the best interests of the City.
Section 3. That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 4. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on September 14, 2004
C.K. MCELY_
MAYOR
ATTEST:
ROLL CALL:
COMMISSIONER ANTON - YES
"LOUISE STIL,SON COMMISSIONER CHUNK - YES
CITY-CLERK COMMISSIONER FLURY - YES
--== VICE-MAYOR MIKES - YES
MAYOR MCELYEA - YES
APPROVED AS TO FORM AND CORRECTNESS:
® BY:
THOMAS J.A`NSBRO
CITY ATTORNEY
1 RESOLUTION NO. 2004 - 148
City of Dania Beach FB 5 n.
Department of Public Services _
100 West Dania Beach Blvd - Dania Beach,FL 33004 -(954)924-3741 • (954) -923-1103 (fax)
MEMORANDUM
To: Louise Stilson, City Clerk
Cc: Tom Ansbro, City Attorney
From: Fernando A. Vazquez, P. E.,Director of Public Services
Date: February 15, 2005
Reference: Ft. Lauderdale Potable Water Non Executed Agreement for your records
Please find attached a letter of notification, a copy of Resolution No. 2004-148, and 2 copies of
the non executed agreement from Ft. Lauderdale .
•
CITY OF
_ FORT LAUDERDALE
Venice of menCQ.
January 12, 2005
Fernando Vazquez, P.E., Director
Public Services, City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
RE: City of Fort Lauderdale/Dania Beach Agreement for the Sale of Potable Water
Dear Fernando,
Enclosed please find two (2) original agreements signed by the Mayor of the City of Dania
Beach and other officials. I am returning these to you unsigned by the officials of the City of
Fort Lauderdale. In accordance with the letter I recently sent you, road improvements to be
constructed by the Florida Department of Transportation will necessitate the abandonment of
the connection between our two water systems. The agreement, therefore, cannot be executed.
Once again, we value the City of Fort Lauderdale's relationship with the City of Dania Beach,
and regret that we are unable to provide for an emergency water connection with your water
system.
If you have any questions or concerns, please feel free to contact me at (954) 828-7809.
Sincerely,
Michael F. Bailey, P.E.
Assistant Utilities Services Director/Operations
st05 159
shca b/d ept/ad m/di r/corresp
c: Albert Carbon, Public Works Director
Greg Thornburgh, D&C Systems Manager
Tim Ashmore, Engineering Design Manager
Miguel Arroyo, W/WW Treatment Manager
Victoria Minard, Assistant City Attorney
•
PUBLIC SERVICES DEPARTMENT
949 N.W. 38TH STREET, FORT LAUDERDALE, FLORIDA 33309
TELEPHONE:(954) 828-8000, FAX (954) 828-7881
EQUAL OPPORTUNITY EMPLC)YER www.fortlauderdale.gov PRINTED ON RECYCLED PAPER �a V
i 02/10/2005 15: 24 9549231109 CITY OF DAh4IA BEACH PAGE 01/03
Arda
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City of Dania Beach
BeWA
Department of Public Services
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00 West Dania Beach Blvd •Dania Beach,FL 33004 •(954)924-3741 -(954)-923-1 109(fax)
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TO: Mayor C. K. McElyea
Vice Mayor Robert Mikes ;C? TV
Commissioner Robert Chunn, Jr. FEU 1 0 Z005
Comxxtissioner Patricia Flury
Commissioner Robert Anton
VIA: Ivan Pato,City Manager
FROM: Fernando A. Vazquez, Director of Public Service
CC: Tom Ansbro, Esq.; City Attorney /Z j u isc
Date: January 31, 2005
RE: City of Dania Beach/City of Fort Lauderdale Water Service Interconnection-- Letter of
Intention to disconnect.
Attached please find a letter of intention from the City of Fort Lauderdale to disconect the existing
" n
ity of Dania.Beach/City of Fort Lauderdale Water Service Interconnection.
The City of Fort Lauderdale wishes to terminate connection services under the premise of an inactive
formal agreement, following a requirement by FDOT to a commit to an immediate course of action to
relocate the existing meter at Eller Drive and .further substantiated by anticipated future Water Use
Permit limitations and restrictions.
The former agreement between the City of Dania Beach and the City of Fort Lauderdale for a water
service connection, covenanted and agreed by and between the parties to begin October 16th, 1973
and continue for a period of 30 years thereafter, expired. on October 16th, 2003.
Staff began contract renewal discussions with Fort Lauderdale early in 2004 with the purpose to
renew the former agreement. The newly negotiated agreement was submitted by staff for City
Commission approval on September 14, 2004, through Resolution 2004-148.
The City of Fort Lauderdale never executed its portion.of the new agreement.
0
(-;i I Y U- VANIA BEACH PAGE 02/03
N
January 19, 2005
Fernando Vazquez, P.E., Director
Public Services, City of Dania Beach
100 W. Dania Beach Boulevard
Dania Beach, FL 33004
RE: City of Fort Lauderdale/Dania Beach Water Systems Interconnection — Eller Drive
Dear Fernando,
As a follow-up to prior meetings regarding the proposed Florida Department of
Transportation (FDOT) project to construct a new ramp from Eller Drive to southbound
US 1, the FDOT has required the City of Fort Lauderdale to remove or relocate portions
of our water distribution system that would conflict with their project. This includes the
interconnection between the City Of Fort Lauderdale and Dania Beach water systems,
and the water mains, master meter and other facilities related to the interconnection.
Because we have been required by FDOT to commit to a course of action immediately,
• and based on anticipated future Water Use Permit limitations and restrictions, we will be
unable to extend future utilization of the existing interconnection between the City of Fort
Lauderdale and the City of Dania Beach water systems beyond the time that the FDOT
requires relocation of our existing facilities. Since we currently have no active formal
agreement regarding the existing interconnection, please consider this a courtesy
notification of our intention to disconnect and remove the existing interconnection
between our systems. We will continue to maintain the existing interconnection until
such time as it is physically required to be closed for removal and related modifications,
anticipated to occur by this spring, but continue to require advance notification from you
and our approval for any activation or utilization of the existing interconnection,
consistent with prior agreements. We will notify you in advance of the actual termination
of service to the existing interconnection.
We value the relationship between the City of Fort Lauderdale and the City of Dania
Beach, and regret that these actions are required based upon the conditions imposed on
us by the FDOT. We are comforted knowing that the water system upgrades currently
being planned by the City of Dania Beach and the additional interconnection with the
City of Hollywood water system will minimize the impact of the removal from service of
the existing interconnection with the City of Fort Lauderdale.
P]JeLIC 'SERVICES DEPARTMENT
!'J VV 5,P;*,'C,:T, F r —! A.'_-F. F'_n F;,
'7,-1 1 -;;18 et'00. FAX
www.fortlsuderdnJe.gov
-I i r ur LHAINI" t5LAIIH NAUE b3/b3
•
Fernando Vazquez
Page 2
January 19, 2005
Should you desire to discuss this further, please feel free to contact me at (954) 828-
7809.
Sincerely,
Michael F. Bailey, P.E.
Assistant Utilities Services Director/Operations
st05-156
shca b/dept/astdlr/corre8p
c: Albert Carbon, Public Works Director
Greg Thornburgh, Utilities Distribution & Collection Systems Manager
Tim Ashmore, Engineering Design Manager
•
•
e M'
9t
FLORIDA
September 17, 2004
Jonda K. Joseph, CMC
City Clerk
City of Fort Lauderdale
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
Dear Ms. Joseph:
RE: AGREEMENT BETWEEN THE CITY OF FORT LAUDERDALE AND THE
CITY OF DANIA BEACH FOR THE SALE AND PURCHASE OF
POTABLE WATER.
On September 14, 2004, the Dania Beach City Commission adopted
• Resolution No. 2004-148 approving the above agreement, a copy of which is
attached.
We are sending two originals of the agreement for execution by your City
officials. Upon execution, please retain one original of the agreement and return
one to me for our records.
If you have any questions regarding this agreement, please contact
Fernando Vazquez, Public Services/Utilities Director, at (954) 924-3740.
Sincerely,
'7 � ��-1
`(Miriam Nasser
Deputy City Clerk
Enclosures
•
"Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.daraia-beach.fl.us
AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004,by and
between:
• CITY OF FORT LAUDERDALE, a municipal corporation
p rp n of
Florida, herein called the "Seller".
And
CITY OF DANIA BEACH, Florida, a municipal corporation of
Florida, herein called the "Consumer".
WITNESSETH: THAT WHEREAS the Seller in its proprietary capacity, oA,ris and
operates a water producing and distribution facility and is in a position to service Consumer; and
WHEREAS, the Consumer in its proprietary capacity, owns and operates a water
producing and distribution system, and the Consumer desires to purchase from the Seller water
to be used in the Consumer's distribution system in servicing the Consumer's customers, upon
terms mutually agreeable; and
WHEREAS, the purpose of this Agreement is to allow the Consumer to obtain water in
varying amounts and at varying times from the Seller to meet emergency needs, pressure needs,
or both, and in such quantity as provided in Section 2 hereof, it being the intent of the Seller and
the Consumer that the Consumer will continue to furnish its customers water from its own plant
and system insofar as possible and will only obtain from the Seller such additional quantities of
. water as are necessary to meet the Consumer's needs to supply its customers;
In consideration of the mutual promises, covenants and agreements, and other good and
valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties
agree as follows:
1. Beginning and continuing for a period of five (5) years
thereafter, the Seller agrees to sell to the Consumer and the Consumer agrees to buy from
the Seller water for resale to the citizens and customers of the Consumer, under the terms
and conditions set forth herein.
a. Consumer agrees that it will limit its water consumption from Seller to a
maximum of 300,000 gallons over any 24-hour period except under emergency
conditions. Such emergency conditions shall exist only when Consumer's water
needs exceed its ability to supply water due to malfunction of Consumer's water
producing systems, distributing systems, or both systems or due to a fire within
Consumer's water service area. In the event of such an emergency, Consumer
shall verbally notify Seller's Utilities Director within 12 hours of the beginning of
the emergency water consumption. Notice shall include the date and time of the
f
start of the emergency consumption, anticipated end date and time of the
emergency consumption, and the estimated volume of the emergency
consumption.
• b. Regardless of any of the other terms of this agreement, the Seller does not bind
itself during a period of water shortage resulting from an emergency condition or
an inadequacy of mains or other facilities to do more than deliver eater to
Consumer's metering station in such quantities as are available for allocation by
the Seller among all its consumers outside of the city limits of the Seller,after the
demands of water consumers and demands for fire protection within the city
limits of the Seller have been satisfied. In the event it should become necessary
for the Seller to adopt regulations for conservation of water in case of emergency,
the Consumer agrees that it will adopt and enforce similar regulations for
conservation of water during such time of emergency or, in the alternative, the
Consumer will cease to obtain water from the Seller during such emergency, the
decision to remain with the Consumer.
3. The areas to be serviced by the Consumer are situated in Broward County, Florida and
described as follows:
The present Corporate Limits of the City of Dania Beach.
If such areas are increased or enlarged, the written consent of the Seller to the servicing
of such increased areas must first be obtained, as evidenced by an amendment to this
Agreement.
• 4. There shall be one or more master meters installed at points mutually agreeable, through
which all water to be furnished hereunder by the Seller to the Consumer shall be supplied
and metered. The Seller shall, at the expense of the Consumer, approve, procure and
install all master meters. After installation, the Seller will, at its own expense, maintain
the meters, and title to same shall remain in the Seller.
5. The Consumer shall be bound by the provisions of Chapter 28 of the "Code of
Ordinances of the City of Fort Lauderdale", now existing or as amended from time to
time, insofar as same are applicable and not varied by this Agreement, as well as all
ordinances of the City of Fort Lauderdale now existing or hereafter adopted pertaining to
water service and water regulations, not in conflict herewith.
6. The water rates to be charged by the Seller to the Consumer herein shall be the rates set
forth in Section 28-143, paragraph (b) of the Seller's Code of Ordinances, now currently
being $2.06 for each thousand gallons used, or the rate hereafter charged under said
Section to municipalities, political subdivisions, and privately owned utilities in the
county which connect to the Seller's water mains through a master meter or master
meter's arrangement of the Seller.
• 2
7. The Seller shall render monthly statements for water furnished through all meters, Water
furnished through additional meters will be included in the monthly statement and not
billed separately. The rate for water furnished will be based on the total sum of the meter
. readings. The Consumer shall pay promptly all statements furnished. Should the
Consumer fail or refuse to pay the amount of such statement within the forty-five (45)
days after same has been submitted, the Seller shall have the right:
a. To apply to the Circuit Court of Broward County, Florida, for appointment of a
Receiver or mandamus to compel levy or any other relief deemed advisable by the
Seller.
b. To enforce the provisions of Ordinance of the Seller providing for discontinuance
of service until past due indebtedness is paid.
8. The Consumer shall be responsible for complying with all Federal, State, and local
regulations regarding water quality on the Consumer's side of the meters including, but
not limited to, proper programs covering cross connection control, line flushing and
bacteriological sampling and testing.
9. The Consumer agrees to hold the Seller harniless from any suits, liability or legal action
which may be brought by anyone in which the Consumer may be made a defendant or
become liable on account of the execution of this Agreement, except in a case arising out
of a violation of any part of this Agreement by the Seller.
10. Water sold to the Consumer hereunder will be supplied from the Seller's water producing
• facilities and will be of substantially the same quality as the water furnished by the Seller
to its consumers within the city limits of the Seller.
11. This Agreement may be amended, changed, voided or annulled at any time by joint
consent of the parties, in writing.
12. This Agreement shall not become effective until a Resolution has been adopted by each
of the parties hereto approving this Agreement and authorizing its execution.
IN WITNESS WHEREOF, the Seller has caused this Agreement to be signed by its
Mayor-Commissioner and City Manager and attested by its City Clerk and its corporate seal to
be affixed, and approved by its City Attorney, and the Consumer has caused this Agreement to
be signed by its Mayor and attested by its City Clerk and its corporate seal to be affixed, and
approved by its City Attorney, IN DUPLICATE, the day and year above written.
•
WITNESSES: CITY OF FORT LAUDERDALE
Mayor-Commissioner
City Manager
(CORPORATE SEAL) ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF DANI.A BEACH, FLORIDA
ATTEST: ,
C.K. Mcbye4!
Mayor - Co i loner
BY:�` 1 C. B
Louise Stilson, City Clerk Pato, City Manager
APPROVED AS TO LEGAL SUFFICIENCY:
f
BY: IJ
Thomas J. Ansbro, City Attorney
• 4
r ,v
City of Dania Beach 7S
Department of Public Services
100 West Dania Beach Blvd• Dania Beach, FL 33004 •(954)924-3741 •(954)-923-1103 (fax)
TO: Mayor C. K. McElyea
Vice Mayor Robert Mikes
Commissioner Robert Chunn,Jr.
Commissioner Patricia Flury
Commissioner Robert Anton
VIA: Ivan Pato, City Manager
FROM: Fernando A. Vazquez P.E., Director of Public Services
Date: August 18, 2004
RE: Renewal of Water Purchase Agreement between the City of Fort Lauderdale (Seller)
and the City of Dania Beach (Consumer)
Introduction and Background
On October 16th, 1973, The City of Dania Beach (Consumer) entered into an interlocal agreement
th the City of Fort Lauderdale (Seller) for the purchase of bulk water for the use and distribution of
potable water upon terms mutually agreeable. The agreement was covenanted and agreed by and
between the parties to begin October 16th, 1973 and continue for a period of 30 years thereafter. This
contract expired on October 16th, 2003.
The purpose of this agreement was to allow the consumer to obtain water in varying amounts and at
varying times from the seller in order to meet emergency needs and/or pressure needs under the
following key provisions:
1. The consumer would be allowed to obtain water as needed except "during a period of
water shortage resulting from an emergency condition or an inadequacy of mains or
other facilities..." or "in the event it should become necessary for the Seller to adopt
regulations for conservation of water in case of emergency..." (See Attachment A -
Section 2).
2. There would be one or more meters installed at points mutually agreeable, through
which all water to be furnished by the Seller to the Consumer would be supplied and
metered.
3. The rate set forth at the time of this contract's ratification was at the City of Fort
Lauderdale's bulk rate of $0.36 for each thousand gallons used.
• 4. The consumer would hold the seller harmless from any contractual related lawsuit.
City of Dania Beach
r e Department of Public Services
w
• 100 West Dania Beach Blvd• Dania Beach, FL 33004 • (954)924-3741 (954)-923-1103 (fax)
The new contract terms are consistent with the old terms with the exception of the following
conditions
1. The Contract period has been reduced from thirty (30) years to a period of five (5) years
P.S. Comments: The City of Dania Beach anticipates a major upgrade of their water and sewer
infrastructure, with a substantial amount of the work to be completed within the next five years.
The primary improvements include but are not limited to water distribution system upgrades,
water treatment plant treatment and capacity upgrades, construction of a 1.5 MG tank to serve
as redundancy for fire flows, and a reduction in sewer infiltration/inflow flows. It is anticipated
that at the substantial completion of this program, the City of Dania Beach will be in a less
dependable position for regional bulk water purchases and as such these demands should
reduce substantially.
2. The Consumer will limit its water consumption from Seller to a maximum of 300,000
gallons over a 24hr period except under emergency conditions (See Exhibit B — Sec
2.a).
P.S. Comments: This clause was placed following discussions with the City of Fort Lauderdale
• regarding a limited margin of residual supply from the standpoint of the Seller. The seller
requested that the consumptive demands in the contract be specified based on historical use.
The maximum flow quantity determined based average historical data of purchased MGD was
in the range of 300,000 gallons from July 1999 to June 2002.
3. Regardless of any other terms of this agreement, the seller does not bind itself during a
period of water shortage... (See Exhibit B — Sec 2.b).
P.S. Comments: This clause was placed following discussions with the City of Fort Lauderdale
regarding consumptive use limitations vs. higher demands as a result impacts due to re-
development and growth in the City of Fort Lauderdale during the past 30 years.
4. The rate set forth at the time of this contract's ratification will be at the City of Fort
Lauderdale's current bulk rate of $2.06 for each thousand gallons used.
s