HomeMy WebLinkAboutR-1989-102 {
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RESOLUTION NO. 102-89
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE LARGE USER RAW WATER AGREEMENT
BETWEEN BROWARD COUNTY AND CITY OF DANIA; AND
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF 'IHE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Large User Raw Water Agreement
between Broward County and the City of Dania, a copy of which is
annexed hereto and made a part hereof as Exhibit "A" , be and the
same is hereby approved and the appropriate city officials are
directed to execute same .
Section 2 . That this resolution shall be in force and take
effect immediately upon its passage and adoption .
PASSED and ADOPTED this 26th day of g ptemh r 1989 .
rM/YO A 0 COMM SSIO E.
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO/FORM
AND CORRECTNESS
tBy �-• W�i�.cC�
FRANK C. ADLER, City Attorney
Resolution No. 102-89
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iRESOLUTION NO. 43-88 1
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS
TO EXECUTE THE RAW WATER METER CONNECTION
AGREEMENT BETWEEN THE CITY OF DANIA AND
BROWARD COUNTY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS , the City Commission, City Manager and City Attorney
of the City of Dania, Florida, have reviewed the attached form of
Agreement and find it to be appropriate to the needs of the City
of Dania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby approve the Large User Raw Water Agreement
between the City and Broward County covering a raw water meter
connection, a copy of which is attached hereto and made a part- -
hereof as Exhibit "A" .
Section 2 . That the Mayor - Commissioner, City Manager and
City Clerk - Auditor are hereby authorized and directed to forth-
with execute said Agreement on behalf of the City of Dania , Florida.
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
T PASSED and ADOPTED this 13thday of September, 1988 .
J �
/ OR - COMM 0
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS
TO FORM AND CORRECTNESS
B y!�&a C 49,
FRANK C. ADLER, City Attorney
Resolution No. 43-33
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TO BE RECORDED
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LARGE USER RAW WATER AGREEMENT
THIS AGREEMENT , Made and entered into in Broward
County , Florida , this day of 198 , by
and between BROWARD COUNTY , a political subdivision of the___�tate
of Florida , hereinafter called "COUNTY" and
hereinafter called .
W I T N E S S E T H
WHEREAS , BROWARD COUNTY is the owner and operator of a
water treatment and a sewage/wastewater treatment plant , together
with wellfields , water distribution and sewage or wastewater
collection facilities known as BROWARD COUNTY WATER AND SEWER
SYSTEM .
WHEREAS , CITY owns or controls certain property or
supplies water service to an area in Broward County , Florida , as
shown and described in EXHIBIT "A" attached hereto and made a
part hereof; and all references h rein)after contained to CITY ' S
service area mean the property here n referred to ; and
WHEREAS , CITY is desirous of procuring raw water sere
ice from the COUNTY for the service area described in Exhibit
"A" ; and
WHEREAS , the parties hereto desire to enter into an
agreement setting forth the mutual understandings and undertak-
ings regarding the furnishing of said raw water services by
COUNTY to the service area hereinabove referred to ; and
WHEREAS , this agreement and all stipulations and
covenants are acknowledged to be subject to the approval of the
Florida Department of Health and Rehabilitative Service , the
Florida Department of Environmental Regulation , the Broward
County Health Department , and any other regulatory agencies
having jurisdiction of the subject matter of this agreement .
.. NOW , THEREFORE , in consideration of the mutual cove-
nants and undertakings of the parties hereto and other good and
valuable considerations ; the parties hereto covenant and agree
subject to the above provisions of the fifth preamble each with
the other as follows:
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(A) It shall be the obligation of the CITY, at its
expense to design , construct and install raw water service lines ,
and connection in accordance with plans , specifications and
engineering data as submitted by a Florida registered engineer to
be approved by the regulatory agencies and by the COUNTY ' S
consulting engineers or Director of Public Works , or its
authorized representative ; and said raw water meter connection
shall be installed and connected to COUNTY ' S existing raw water
service lines , all of which work shall be paid for by the CITY.
( B) The CITY shall , at its expense , retain the
services of the same registered professional engineer who pre-
pared plans and specifications for the water meter connection for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted engineering practices and the ap-
proved plans and specifications . A copy of each field report
shall be submitted to COUNTY as each inspection is made . Should
there subsequently be cause or reason for the CITY to engage the
services of another registered engineer then CITY must notify the
COUNTY within five ( 5) days of such engagement .
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(C ) CITY shall arrange for and hold a preconstruction
meeting with the Director of Public Works or its authorized
representative together with CITY or CITY ' S engineer or
contractor. Notification of said meeting shall be made in writ
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ing and received by all parties seventy-two ( 72 ) hours in advance
and said meeting shall be held at least twenty-four (24) hours
prior to start of any/all phases of construction .
(D) The work to be performed by CITY , as above
provided for, may not be commenced until all plans and specifica-
tions covering the work to be performed are approved in writing
by COUNTY ' S Consulting Engineers or Director of Public Works or
its authorized representative .
(E ) CITY shall notify COUNTY before any construction
is begun and at the time when inspections shall be required .
Said notification shall be made in writing and shall be received
by the COUNTY at least twenty-four (24 ) hours in advance of the
time construction is begun or inspections shall be made .
( F ) During construction and at the time when periodic
inspections are required , COUNTY ' S Consulting Engineers or Direc-
tor of Public Works or its authorized representative , together
with CITY ' S engineer, shall be present to observe and jointly
witness tests for determination of conformance to approved plans
and specifications .
( G) The work to be performed by CITY , pursuant to the--
provisions set forth herein , shall be in accordance with all
requirements of the regulatory agencies having jurisdiction of
the subject matter of this agreement .
(H ) When the raw water meter connection has been
satisfactorily installed , inspected, tested , and approved in
writing by the CITY ' S engineer , together with COUNTY ' S Consulting
Engineer or Director of Public Works or its authorized
representative, the COUNTY shall thereafter maintain the raw
water meter connection system up to and within granted easements
provided the obligation of the COUNTY to maintain the raw water
meter connection sha11 not take effect until such time as CITY
has conveyed title to said systems to COUNTY and furnish the as -
built drawings described in Paragraph ( I ) below .
( I ) CITY shall , at its expense , and at no cost to
COUNTY , furnish the COUNTY one complete set of reproducible As-
Builts of the completed works or installations on transparent
film base or on such other transparent material as approved by
COUNTY plus eight (8 ) sets of As -Built prints made from the
original As-Built drawing . Said As-Built drawing to be on
transparent material and the prints shall be certified and sealed
by a Florida registered Engineer and must show all pertinent
information thereon . As -Built drawing information as to ease-
ments , the correct location of all mains , services , grades ,
invert elevations , heights related to known datum, and all appur-
tenances belonging to the completed works or installation at
option of the COUNTY , shall also be certified and sealed by a
Florida registered Professional Land Surveyor . The As -Built
drawing and all information shown thereon shall be to the approv-
al of COUNTY .
(J ) Both parties agree that COUNTY shall provide raw
water transmission service to CITY at fees , rates and charges
constituting the full cost of such service , which shall include
OPERATING AND MAINTENANCE CHARGES . Such fees , rates and charges
shall be just and equitable , and COUNTY shall set the same fees ,
rates and charges for all FUTURE USERS that are within the same
class . Such fees , rates and charges shall be as per EXHIBIT ' 6 ' .
( K) Should COUNTY , or the Director of Public Works
and/or the Director of Utilities Division or their authorized J
representative determine that the safe maximum operating capacity
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(as in accordance with AWWA standards ) of a meter is exceeded or
may be exceeded , the COUNTY shall retain the authority to require
the CITY to replace the meter or install such additional metering
device or devices as may be necessary and convey same to the
COUNTY by a Bill of Sale Absolute at no cost to the COUNTY .
( L ) CITY shall pay to COUNTY the sum of
$ as CITY S % share of the cost of
construction for two (2 ) deep wells as part of the COUNTY ' S 3A
Water Treatment Plant We] lfield . Said improvements are shown
represented on sketch marked Exhibit "D" , attached hereto and
made a part of this agreement . Payment by the CITY shall occur
upon execution of this agreement .
In the event the deep wells do not produce the required
designed raw water gallons per day to meet paragraph IV ( 8 ) , the
CITY shall receive only its proportionate share of the actual
well production based on the deep well design ratio and the
COUNTY may elect to obtain 3A Water Treatment Plant Wellfield
approvals from the regulatories for additional deep well
construction in which case the CITY may choose to share in the
cost to meet their regional raw water gallons per day demands per
paragraph IV (8 ) .
(M ) If for any reason caused by CITY, or its agents ,
the proposed connection is abandoned , terminated or caused to be
canceled short of full completion , it is mutually agreed by the
parties that this agreement is voidable by COUNTY. In the event
that COUNTY exercises its right to void this agreement , notice
shall be sent to CITY at the address set forth in Paragraph VI .
It is mutually agreed by the parties hereto that the monies paid
to the COUNTY shall serve as liquidated damages and no refund
shall accrue to the CITY. Failure to continue or proceed with
construction in a meaningful manner for a consecutive period of
180 days shall be deemed to be an abandonment or termination .
Meaningful , as used herein is defined as proceeding with
construction in a normal manner customary and common in the
trade .
( N ) CITY shall install at its expense and at no cost
to the COUNTY
which shall be constructed to specifications and standards ap-
proved by COUNTY and as shown on the drawings prepared by
dated , recorded in the office of
Broward County Public Works Department , Utilities Division , as
Drawing No. which drawing is incorporated by refer-
ence herein and made a part of this agreement . A copy of which
drawing is marked "Approved " and delivered to CITY receipt of
which CITY hereby acknowledges .
Upon satisfactory completion of said raw water meter
connection CITY shall transfer title of same to COUNTY , at no
cost to COUNTY , by BILL OF SALE ABSOLUTE in accordance with the
terms of Paragraph 11 ( 1 ) , ( 2 ) , ( 3 ) , (4 ) , ( 5 ) , ( 6 ) , ( 7 ) , ( 8) and
( 9) herein .
II
Upon completion , approval and acceptance of the work
required to be done CITY shall , without cost to COUNTY :
( 1 ) Convey to COUNTY and its successors and assigns by
good and sufficient easement deed , in a form satisfactory to J
COUNTY , a perpetual right , easement and privilege to operate,
maintain , repair or replace all water mains , pipes , connections ,
pumps and meters within granted easements upon C I T Y ' S property
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in connection with supplying raw water service to the
inhabitants , occupants and C I T Y s in CITY ' S service area and
secure from each mortgagee and lienor a release of mortgagee ; and
Iienors interest in the easement and fixtures hereon for so
long as the easement is used for the operation , maintenance ,
repair or replacement of water mains , pipes , connections , pumps
and meters within the easements .
( 2 ) Transfer to COUNTY by BILL OF SALE ABSOLUTE all
CITY ' S right , title and interest in and to all of the raw water
supply lines , mains , pumps , connection , pipes , valves , meters and
equipment installed up to and within granted easements and right-
of-way within the lands described in EXHIBIT "C " attached hereto
and made a part hereof for the purpose of supplying raw water
service within the CITY ' S service area . Said BILL OF SALE
ABSOLUTE shall be written in such a form as approved and accepted
by COUNTY .
( 3 ) Furnish COUNTY with an AFFIDAVIT that all persons ,
firms or corporation who furnished labor or material used direct-
ly or indirectly in the prosecution of the work required to be
performed by this agreement have been paid . Said AFFIDAVIT shall
be written in such a form as approved and accepted by COUNTY.
( 4) Furnish COUNTY with RELEASE OF LIENS from all
contractors and suppliers of materials and/or labor who might
have acquired interest into the installations by the supplying of
materials and/or labor otherwise.
( 5 ) Furnish COUNTY with a FINAL RELEASE OF LIEN re-
leasing all liens which CITY might have on the
works/installations . Said FINAL RELEASE OF LIEN shall be written
in such a form as approved and accepted by COUNTY .
( 6 ) Furnish COUNTY with all manufacturers ' warranties
which CITY might have received or is due to receive on any part
of the installations .
( 7) Pay to the COUNTY any and all applicable charges
which shall be due and payable prior to connection to COUNTY ' S
raw water system.
.� (8) Furnish COUNTY with a satisfactory warranty or
bond guaranteeing instalIion pursuant to this agreement against
defect in material , equipment or construction for a period of not
less than one ( 1 ) year from date of acceptance of same by COUNTY .
Said warranty shall be in such a form as approved and accepted by
COUNTY .
( 9 ) Furnish COUNTY with COST LETTER stating the cost
of the installations done under this agreement . Said COST LETTER
shall be in such a form as approved by COUNTY.
III
COUNTY further covenants and agrees with CITY pursuant
to Paragraph II , ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , ( 6 ) , ( 7 ) , (8) and (9 )
as follows :
( 1 ) COUNTY shall make its best efforts to furnish raw
water of the quality "as is " and does not guatantee the water ' s
quality .
( 2 ) COUNTY shall make its best efforts to supply , at
all times , for the use of the CITY at the point of connection to
its raw water system, a quantity of water under adequate pressure
satisfactory for use by the CITY .
Provided the obligation of the COUNTY to furnish
service other than water for construction purposes shall not
arise until CITY has completed construction of the facilities
required to be constructed by CITY pursuant to this agreement and
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has conveyed title to said facilities to the COUNTY as provided
herein .
( 3 ) COUNTY shall establish a raw water sampling point
at a mutually agreeable location at or near the point of
connection so that both parties may obtain samples of the raw
water delivered by the COUNTY to the CITY . COUNTY agrees to
provide for such right-of-way privilege upon properties within
its control as may be necessary to allow CITY reasonable access
to the sampling point .
CITY shall have the right to obtain raw water
samples during normal business hours provided, however, no such
inspection shall be made unless CITY shall first give COUNTY
written notice of its intent to obtain samples , nor shall any
such samples be obtained prior to forty eight ( 48) hours ,
excluding Saturdays , Sundays , and holidays , subsequent to the
receipt of said notice by COUNTY . The cost of collecting and
testing such samples shall be borne by the CITY . The COUNTY
reserves the right to collect duplicate samples with the CITY .
(4 ) COUNTY shall make its best effort to have
reimbursed to the CITY paragraph II ( 9 ) cost of installation upon
CITY entering into the establishment of the raw water delivery
system known as COUNTY ' S raw water supply with the funding by
COUNTY through Countywide ad valorem tax .
( 5 ) CITY , its successor and assigns do hereby agree
between the parties , upon being provided documents for_
establishing the COUNTY ' S RAW WATER SUPPLY , shall enter into
agreement for raw water service under this program. Upon
execution of the agreement by both parties this agreement is
cancelled per paragraph IV ( 17 ) .
IV
It is mutually covenanted and agreed by and between the
parties as follows :
cx. ( 1 ) COUNTY shall have the right to furnish raw water
services to consumers within the area covered by this agreement ;
and
(2 ) CITY shall do all things and make all instal -
lations and perform all work in accordance with the terms of this
agreement ; and
( 3 ) CITY , its successors and assigns are hereby
prohibited from installing or maintaining any additional water
wells unless approved by the COUNTY in writing except for
irrigation purposes ; and
( 4 ) COUNTY shall not be liable or responsible for
maintenance or operation of any pipes , pipelines , valves fixtures
or equipment on any of the properties of the consumers or users
in the CITY ' S meter connection other than the raw water within
granted easement to COUNTY pursuant to Paragraph II ( 1 ) ; and
( 5 ) The CITY shall keep all water pipes , service
lines , connections and necessary fixtures and equipment in the
service area in good order and condition . The sale of raw water
by County to the CITY shall occur at the C I T Y ' S side of the
meter ; and
( 6) No water from COUNTY ' S raw water system is to be
used or disbursed by CITY or its agents outside the indicated
service area to be served as shown in EXHIBIT "A" , attached
hereto and made a part hereof . The area of service may be ex-
tended only with the written approval of the COUNTY , such docu-
ment having the same formality and of equal dignity as the origi -
nal agreement ; and
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average flow of the thirty day period prior to the date the meter
became inoperative ; and
( 14) CITY agrees that COUNTY shall bill CITY for raw
water provided to CITY on a monthly basis in accordance with its
standard billing procedure , CITY shall pay such billings within
thirty days of the date of mailing the monthly bill . Should CITY
not pay within the thirty day period , CITY shall pay an
additional ( )% of the bill . Should a billing or a portion of
the billing be outstanding for a period of more than forty-five
days from the date of the original billing, then CITY shall be
considered in default and COUNTY , in addition to all other rights
and remedies , shall have the right and power, by suit , action ,
mandamus or other such proceedings at law or in equity , to
protect , enforce , and compel performance by the CITY and any of
the officers , agents or employees of said CITY to perform and
carry out .- its and their duties and obligations under this
agreement or applicable law ; and
( 15) COUNTY agrees that the rates , fees and charges to
be billed to CITY shall be the rates in effect at the time of the
billing and shall be the same rates as are charged to other
customers of the same class . It is understood that the rates ,
fees and charges may from time to time be amended and adopted by
the Board of County Commissioners at a Public Hearing ; and
( 16) CITY shall submit a map indicating the area to be
served as a result of this agreement and shall be shown as
EXHIBIT A , attached hereto and made a part hereof . The area of
service may be extended only with the written approval of COUNTY ,
such document having the same formality and of equal dignity as
the original agreement ; and
( 17) CITY and COUNTY agree that this agreement shall
not be canceled on any condition except by a mutual cancellation
agreement between the parties hereto , which shall be a written
document executed with the same formality and of equal dignity
herewith ; and
( 18) Both parties agree that all legal requirements for
execution of this agreement have been performed and each party
hereto agrees to exchange with the other certified copies of the
official records of its governing body which authorize the execu-
tion of this agreement ; and
( 19 ) Any temporary cessations or interruptions of the
furnishing of raw water service to the property described
herein at any time caused by an Act of God, fires , strikes ,
casualties , accidents , power failures , maintenance work ,
breakdowns , damage to equipment or mains , civil or military
authority, riots or other cause beyond the control of the COUNTY
shall not constitute a breach of the provisions contained herein
or impose liability upon the COUNTY by the CITY, its successors
and assigns ; and
(20) If any section , subsection , sentence , clause,
phrase or portion of this agreement is for any reason held inva-
lid or unconstitutional by any court of competent jurisdiction ,
such portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof .
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(A) The provisions of this agreement shall be binding
upon and inure to the benefits of successors in title to the real
property described in this agreement as being owned by CITY .
However, any other assignment or transfer of CITY ' S rights and
obligations under this agreement is hereby prohibited without the
prior written consent of COUNTY .
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( 7) COUNTY shall maintain and test the meter ( s ) and
annually shall have a test conducted by a representative of the
manufacturer or other competent entity . A copy of the annual
report on meters ) inspection shall be furnished to CITY . CITY
may from time to time request permission to have a meter test
conducted . CITY shall submit the request at least 48 hours not
including weekends or holidays , prior to the test . In the event
the meter (s ) is not accurate within the manufacturer ' s
recommended range , then COUNTY shall pay the costs of the test .
If the meter ( s ) is found to be within the recommended range , CITY
shall pay the cost of the test ; and
( 8) CITY agrees that it has reviewed its present and
future needs for raw water service and with the advice and coun-
sel of a professional engineer, has projected its raw water
service needs as shown below to the best of its knowledge and
ability .
Year Projected Raw Water Annual Average Flow In MGD
19
19
19
19 _
19
19
These projections shall serve as a reasonable estimate
of the future needs of CITY for the purpose of planning ,
expansion construction , modification or alteration of COUNTY
facilities . CITY further agrees that said raw water flows shall
not exceed gallons per day unless previous approval to
exceed that amount has been granted in writing by COUNTY .
Both parties agree to obey regulatories ' orders issued
to the COUNTY for water conservation , such as cut backs in
gallons per day demand , time of use , or any other such order as
may be issued to the COUNTY ; and
`- u ( 9) CITY agrees that , through the use of acceptable
methods adequate provisions shall be included in the delivery
facilities to prevent excessive peak flow rates . The average
daily flow shall be controlled such that it is used over the 24-
hour-per-day rate in a continuous manner directly related to
demand ; and
( 10) In the event CITY causes a flow rate in excess of
the average daily rate as related to hour-per-day for any
recorded period, CITY shall pay to COUNTY a % additional
charge for the period ; and
( 11 ) CITY agrees that , should the flow rate continue
in excess of the average daily rate as related to hour-per-day
for a period of seven days the COUNTY shall install such device
as to assure the flow rate amount is not exceeded . The cost for
such device to be paid by the CITY ; and
( 12 ) CITY agrees that , should the metering equipment
be found to be inaccurate beyond the manufacturer ' s range of
accuracy , the meter shall be assumed to be inaccurate since the
last meter check or for a period of three months , whichever time
should be less , and that the following month ' s billing shall be
adjusted to show a credit or additional charge to CITY for that
period ; and
( 13) CITY agrees that , if at any time the metering
system shall be inoperative or in any way fails to provide infor-
mation with respect to the quantity of flow into CITY ' S water
system, CITY shall pay to COUNTY a daily amount equal to the
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BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS
ATTEST
County Administrator and x-
Officio Clerk of the Board of By
County Commissioners of ,Chairman
Broward County , Florida
day of , 19
Approved as to form and legality
by Office of General Counsel for
Broward County , Florida
SUSAN F . DELEGAL , General Counsel
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale , Florida 33301
Telephone : ( 305) 357-7600
By
Assistant General Counsel
WITNESS :
BY
day of 19
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY , That on this day before me personally
appeared
and
as President and Secretary respectively of
WITNESS my signature and official seal at
County_ , State of
this day of 198_
Notary Public
My Commission expires :
STATE OF )
COUNTY OF j
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I HEREBY CERTIFY, That on this day before me personally
appeared
to me known to be the persons described in and who executed the
foregoing agreement and acknowledged the execution thereof to be
thei r free act and deed for the uses and purposed therein
expressed.
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WITNESS my signature and official seal at
County of this day of
198
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Notary ublic
My Commission expires :
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Exhibit "A"
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Area to be served
i Broward County Utilities Division designated Drawing No.
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EXHIBIT "B"
RATE SCHEDULE OF CHARGES FOR RAW WATER SERVICE FOR BROWARD COUNTY UTILITIES
DIVISION ACCORDING TO THE FOLLOWING:
RAW WATER CHARGES
The rate to be charged to the CITY is to be calculated annually based on
budgeted full cost of service for the year and projected raw water flows
for the year. CITY charges for fiscal year are
gallons for firstcents per 1000
y f close s annual
adjustment shall be Computed which shall be based upon the actual operating
and maintenance expenses recorded for the COUNTY facilities for that fiscal
year divided by the actual number of thousands of gallons of raw water
provided through the system for that fiscal year. Such adjustment shall be
made subsequent to final verification of operations and maintenance charges by
annual audit performed by a Certified Public Accountant. If the annual
adjustment shows that an underpayment was made by CITY, the amount due and
owing shall be paid by CITY in twelve (12) equal monthly payments and shown as
a separate item on the monthly bills during the next twelve months after the
m.aF ad
justment
by as been CITY, made. f CITY, the due annual adjustment shows
and owingCITY shall be c editedoverpayment
tor CITYein
twelve (12) equal monthly installments and shown separately on the monthly
bills during the next twelve months after the adjustment has been determined.
OPERATING AND MAINTENANCE CHARGES
Operating and maintenance charges shall mean the COUNTY'S reasonable and
necessary current expenses of maintenance, repair, and operation of the
System, and shall include, without limiting the generality of the foregoing,
all ordinary and usual expenses of maintenance and repair, which may include
expenses not annually recurring, COUNTY administrative expenses, and any
reasonable charges for pension or retirement funds properly chargeable to the
service insurance premiums, engineering expenses relating to maintenance,
repair and operation, legal expenses, any taxes which may be lawfully imposed
on income or operations and reserves for such taxes, and any other expenses
required to be paid by the COUNTY, all in accordance with the accrual method of accounting, but shall not include any reserves for extraordinary
maintenance or repair, or any allowance for depreciation on City constructed
contributed facilities, any amortization charges, or any deposits or transfers
to the credit of the Sinking Fund, Loan Repayment Fund, the Renewal and
Replacement Fund, and the General Reserve Fund.
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EXHIBIT "C"
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TO BE RECORDED
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INTERLOCAL AGREEMENT
FOR
EMERGENCY WATER INTERCONNECT
This AGREEMENT , Made and entered into in Broward
County , Florida , This day of 1989 , by
and between BROWARD COUNTY , a political subdivision of the State
of Florida , hereinafter called "COUNTY" and City of Dania
hereinafter called "CITY" .
W I T N E S S E T H
WHEREAS , BROWARD COUNTY is the owner and operator of a
water treatment and a sewage/wastewater treatment plant , together
with water distribution and sewage or wastewater collection
facilities known as BROWARD COUNTY WATER AND SEWER SYSTEM .
WHEREAS , CITY owns or controls certain property or
supplies water service to an area in Broward County , Florida , as
shown and described in EXHIBIT "A" attached hereto and made a
part hereof; and all references hereinafter contained to CITY ' S
service area mean the property herein referred to ; and
WHEREAS , CITY is desirous of procuring water service
from the COUNTY for the service area described in Exhibit "A
and
WHEREAS , the parties hereto desire to enter into an
agreement setting forth the mutual understandings and undertak -
ings regarding the furnishing of said water services by COUNTY to
the service area hereinabove referred to ; and
WHEREAS , this agreement and all stipulations and
covenants are acknowledged to be subject to the approval of the
Florida Department of Health and Rehabilitative Service , the
Florida Department of Environmental Regulation , the Broward
County Health Department , and any other regulatory agencies
having jurisdiction of the subject matter of this agreement .
NOW , THEREFORE , in consideration of the mutual cove-
nants and undertakings of the parties hereto and other good and
valuable considerations; the parties hereto covenant and agree
subject to the above provisions of the fifth preamble each with
the other as follows:
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(A) It shall be the obligation of the CITY , at its
expense to design , construct and install water service lines and
water meter connection in accordance with plans , specifications
and engineering data as submitted by a Florida registered
engineer to be approved by the regulatory agencies and by the
COUNTY 'S consulting engineers or Director of Public Works , or its
authorized representative ; and said water meter connection shall
be installed and connected to COUNTY ' S existing water service
lines , all of which work shall be paid for by the CITY .
(B) The CITY shall , at its expense , retain the
services of the same registered professional engineer who pre-
pared plans and specifications for the water meter connection for
the purposes of providing necessary inspection and supervision of
the construction work to insure that construction is at all times
in compliance with accepted engineering practices and the ap-
proved plans and specifications . A copy of each field report
shall be submitted to COUNTY as each inspection is made. Should
there subsequently be cause or reason for the CITY to engage the
services of another registered engineer then CITY must notify the
COUNTY within five ( 5 ) days of such engagement .
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(C ) CITY shall arrange for and hold a preconstruction
meeting with the Director of Public Works or its authorized
representative together with CITY or CITY ' S engineer or
contractor. Notification of said meeting shall be made in writ -
ing and received by all parties seventy-two ( 72) hours in advance
and said meeting shall be held at least twenty- four ( 24) hours
prior to start of any/all phases of construction .
( D) The work to be performed by CITY , as above
provided for , may not be commenced until all plans and specifica-
tions covering the work to be performed are approved in writing
by COUNTY' S Consulting Engineers or Director of Public Works or
its authorized representative .
( E ) CITY shall notify COUNTY before any construction
is begun and at the time when inspections shall be required .
Said notification shall be made in writing and shall be received
by the COUNTY at least twenty-four ( 24) hours in advance of the
time construction is begun or inspections shall be made .
(F) During construction and at the time when periodic
inspections are required , COUNTY ' S Consulting Engineers or Direc-
tor of Public Works or its authorized representative , together
with CITY ' S engineer, shall be present to observe and jointly
witness tests for determination of conformance to approved plans
and specifications .
(G ) The work to be performed by CITY , pursuant to the
provisions set forth herein , shall be in accordance with all
requirements of the regulatory agencies having jurisdiction of
the subject matter of This agreement .
(H ) When the water meter connection has been satisfac-
torily installed , inspected , tested , and approved in writing by ,
the CITY ' S engineer, together with COUNTY ' S Consulting Engineer
or Director of Public Works or its authorized representative ,
the COUNTY shall thereafter maintain the water meter connection
system up to and within granted easements provided the obligation
of the COUNTY to maintain the water meter connection shall not
take effect until such time as CITY has conveyed title to said
systems to COUNTY and furnish the as-built drawings described in
Paragraph ( I ) below .
( I ) CITY shall , at its expense , and at no cost to
COUNTY , furnish the COUNTY one complete set of reproducible As-
Builts of the completed works or installations on transparent
film base or on such other transparent material as approved by
COUNTY plus eight (8 ) sets of As-Built prints made from the
original As-Built drawing . Said As-Built drawing to be on
transparent material and the prints shall be certified and sealed
by a Florida registered Engineer and must show all pertinent
information thereon . As-Built drawing information as to ease-
ments , the correct location of all mains , services , grades ,
invert elevations , heights related to known datum , and all appur-
tenances belonging to the completed works or installation at
option of the COUNTY , shall also be certified and sealed by a
Florida registered Professional Land Surveyor . The As-Built
drawing and all information shown thereon shall be to the approv-
al of COUNTY .
(J ) The CITY shall pay to the COUNTY the sum of zero
dollars for emergency only connection use ( $0 .00 ) for Water
System Capacity Charges based upon the rates in force . Said
Water System Capacity Charge shall be due and payable upon any
change to emergency only condition of this agreement by CITY .
CITY acknowledges and agrees that the aforesaid Water System
Capacity Charges are subject to change by COUNTY at any time and
that the rates or charges due and payable by CITY shall be those
prevailing at the time request for service is made .
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(K) Should COUNTY , or the Director of Public Works
and/or the Director of the Office of Environmental Services or
their authorized representative determine that the safe maximum
operating capacity (as in accordance with A41WA standards ) of a
meter is exceeded or may be exceeded , the COUNTY shall retain the
authority to require the appropriate size meter .
( L ) CITY shall pay to COUNTY the sum of
Zero
0 .00 for project inspection fee . Said project
inspection fee shall be due and payable upon execution of this
agreement by the CITY . This fee is calculated as set forth in
EXHIBIT "B" attached hereto and made a part hereof .
CITY agrees to pay at the rate of $22 .50 per hour, per
inspector , for overtime inspections made by COUNTY ' S inspectors
Overtime shall mean , any time outside of 8 : 30 a .m , to 5 : 00 p .m . ,
Monday through Friday . All overtime charges shall be billed to
CITY and are to be paid prior to the acceptance of the
installations by COUNTY . Failure to pay overtime charges can
result in the water service being withheld by COUNTY .
(M) If for any reason caused by CITY , or its agents ,
the proposed connection is abandoned , terminated or caused to be
canceled short of full completion , it is mutually agreed by the
parties that this agreement is voidable by COUNTY . In the event
that COUNTY exercises its right to void this agreement , notice
shall be sent to CITY at the address set forth in Paragraph VI .
It is mutually agreed by the parties hereto that the monies paid
to the COUNTY shall serve as liquidated damages and no refund
shall accrue to the CITY . Failure to continue or proceed with
construction in a meaningful manner for a consecutive period of
180 days shall be deemed to be an abandonment or termination .
Meaningful , as used herein is defined as proceeding with
construction in a normal manner customary and common in the
trade .
(N ) CITY shall install at its expense and at no cost
to the COUNTY an 8" turbine meter vault with all necessary
appurtenances as approved by the COUNTY which sha be
constructed to specifications and standards approved by COUNTY
and as shown on the drawings prepared by Berry & Calvin, Inc .
Consulting Engineers dated September, 1988 , recorded in the
..z,F office of Broward County Public Works Department , Office of
Environmental Services , as Drawing No . + which drawing is
incorporated by reference herein and made a part of this
agreement . A copy of which drawing is marked "Approved" and
delivered to CITY receipt of which CITY hereby acknowledges .
Upon satisfactory completion of said water meter con-
nection CITY shall transfer title of same to COUNTY , at no cost
to COUNTY , by BILL OF SALE ABSOLUTE in accordance with the terms
of Paragraph II ( 1 ) , (2) , (3 ) , (4 ) , (5 ) , ( 6 ) , ( 7 ) , (8 ) and (9 )
herein .
II
Upon completion, approval and acceptance of the work
required to be done CITY shall , without cost to COUNTY :
( 1 ) Convey to COUNTY and its successors and assigns by
good and sufficient easement deed , in a form satisfactory to \
COUNTY , a perpetual right , easement and privilege to operate , Il
maintain , repair or replace all water mains , pipes , connections ,
pumps and meters within granted easements upon C I T Y ' S property
in connection with supplying water service to the inhabitants ,
occupants and customers in CITY ' S service area and secure from
each mortgagee and Iienor a release of mortgagee; and 1ienors '
interest in the easement and fixtures hereon for so long as the
easement is used for the operation , maintenance , repair or
replacement of water mains , pipes , connections , pumps and meters
within the easements .
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( 2 ) Transfer to COUNTY by BILL OF SAL ABSOLUTE
SOLUTE all
CITY ' S right , title and interest in and to all of the water
supply lines , mains , pumps , connection , pipes , va ves , meters and
equipment installed up to and within g-ram ents and right-
of-way within the lands described in HIBIT "C " attached hereto
and made a part hereof for the purpos EX upp ying water service
within the CITY ' S service area . Said BILL OF SALE ABSOLUTE shall
be written in such a form as approved and accepted by COUNTY .
( 3 ) Furnish COUNTY with an AFFIDAVIT that all persons ,
firms or corporation who furnished labor or material used direct-
ly or indirectly in the prosecution of the work required to be
performed by this agreement have been paid . Said AFFIDAVIT shall
be written in such a form as approved and accepted by COUNTY .
(4) Furnish COUNTY with RELEASE OF LIENS from all
contractors and suppliers of materials and/or labor who might
have acquired interest into the installations by the supplying of
materials and/or labor otherwise .
( 5 ) Furnish COUNTY with a FINAL RELF_ASE OF LIEN re-
leasing all liens which CITY might have on the
works/installations . Said FINAL RELEASE OF LIEN shall be written
in such a form as approved and accepted by COUNTY .
( 6 ) Furnish COUNTY with all manufacturers ' warranties
which CITY might have received or is due to receive on any part
of the installations .
( 7 ) Pay to the COUNTY any and all applicable charges
which shall be due and payable prior to connection to COUNTY ' S
water system as set forth in Section 1 , paragraphs J & L .
(8) Furnish COUNTY with a satisfactory warranty or
bond guaranteeing installation pursuant to this agreement against
defect in material , equipment or construction for a period of not
less than one ( 1 ) year from date of acceptance of same by COUNTY .
Said warranty shall be in such a form as approved and accepted by
COUNTY.
(9 ) Furnish COUNTY with COST LETTER stating the cost
of the installations done under this agreement . Said COST LETTER
./ shall be in such a form as approved by COUNTY .
III
COUNTY further covenants and agrees with CITY pursuant
to Paragraph II , ( 1 ) , ( 2 ) , ( 3 ) , ( 4 ) , ( 5 ) , (6 ) , ( 7 ) , (8) and (9 )
as follows : /
( 1 ) COUNTY shall inaI i*P_ 4�>tr—off 4_ furnish
water of the quality and purity meeting the standards required by
the Florida Department of Health and Rehabilitative Service , the
Broward County Health Department and any other regulatory agency
having jurisdiction ; and
( 2 ) COUNTY shall make its best efforts to supply , at
all times , for the use of the CITY at the point of connection to
its water system, a quantity of water under adequate pressure
satisfactory for domestic use at the CITY ' S side of the meter .
Provided the obligation of the COUNTY to furnish
service other than water for construction purposes shall not
arise until CITY has completed construction of the facilities
required to be constructed by CITY pursuant to this agreement and
has conveyed title to said facilities to the COUNTY as provided
herein .
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IV
It is mutually covenanted and agreed by and between the
parties as follows :
( 1 ) CITY shall do all things and make all instal -
lations and perform all work in accordance with the terms of this
agreement ; and
( 2 ) COUNTY shall not be liable or responsible for
maintenance or operation of any pipes , pipelines , valves fixtures
or equipment on any of the properties of the consumers or users
in the C I T Y ' S meter connection other than the water within
granted easement to COUNTY pursuant to Paragraph II ( 1 ) ; and
( 3 ) The CITY shall keep all water pipes , service
lines , connections and necessary fixtures and equipment in the
service area in good order and condition . The sale of water by
County to the city shall occur at the city ' s side of the meter ;
and
(4 ) No water from COUNTY ' S water system is to be used
or disbursed by CITY or its agents outside the indicated service
area to be served as shown in EXHIBIT "A " , attached hereto and
made a part hereof. The area of service may be extended only
with the written approval of the COUNTY , such document having
the same formality and of equal dignity as the original
agreement ; and
(5 ) COUNTY shall maintain and test the meters ) and
annually shall have a test conducted by a representative of the
manufacturer or other competent entity . A copy of the annual
report on meter( s ) inspection shall be furnished to CITY . CITY
may from time to time request permission to have a meter test
conducted . CITY shall submit the request at least 48 hours not
including weekends or holidays , prior to the test . In the event
the meter( s ) is not accurate within the manufacturer ' s
recommended range , then COUNTY shall pay the costs of the test .
If the meter ( s ) is found to be within the recommended range, CITY
shall pay the cost of the test ; and
(6 ) Water provided by the COUNTY to the CITY under the
provisions of this Agreement shall be only that water needed to
provide temporary assistance in the event the CITY has an
emergency need for water beyond that available in its own system ,
n while at the same time the water available to the CITY is in
excess of its current needs . Water shall be provided subject to
the following conditions :
a . The COUNTY and CITY each shall designate a member
of its permaneny_s Des , nd who
shall have the '°authority to approve or disapprove requests
b . Each request for water shall be acted upon at the
sole option of the requested supplier . Neither party has
accepted any obligation either to supply or to accept any
specific quantity of water under any specific circumstances .
C . At its sole option , the COUNTY may establish , and
enforce by unilateral control of valves under its control , limits
as to: times of the day and/or days of the week during which
delivery will or will not be made ; the rates of flow at which
delivery will be made ; the pressure at which delivery will be
made ; and/or the total volume of water to be delivered over one
or more designated periods . Neither party shall be responsible
for any adverse effects that its adjustments in valve settings ,
Flows and/or pressures might produce in the water system and/or
customer' s property of any other parties receiving water through
either respective water system .
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d . The receiving party agrees to exercise prompt and
diligent effort to eliminate its need to obtain augmenting
supplies .
(7 ) CITY agrees that , should the metering equipment
be found to be inaccurate beyond the manufacturer ' s range of
accuracy , the meter shall be assumed to be inaccurate since the
last meter check or for a period of three months , whichever time
should be less , and that the following month ' s billing shall be
adjusted to show a credit or additional charge to CITY for that
period ; and
(8 ) CITY agrees that , if at any time the metering
system shall be inoperative or in any way fails to provide infor-
mation with respect to the quantity of flow into CITY ' S water
system , CITY shall pay to COUNTY a daily amount equal to the
average flow of the thirty day period prior to the date the meter
became inoperative ; and
(9 ) CITY agrees that COUNTY shall bill CITY for water
provided to CITY on a monthly basis in accordance with its
standard billing procedure, CITY shall pay such billings within
thirty days of the date of mailing the monthly bill . Should CITY
not pay within the thirty day period , CITY shall pay an
additional ( i .) of the bill . Should a billing or a portion of
the billing be outstanding for a period of more than forty-five
days from the date of the original bi 11 i ng, then CITY shall be
considered in default and COUNTY , in addition to all other rights
and remedies , shall have the right and power, by suit , action ,
mandamus or other such proceedings at law or in equity , to
protect , enforce , and compel performance by the CITY and any of
the officers , agents or employees of said CITY to perform and
carry out its and their duties and obligations under this
agreement or applicable law; and
( 10) COUNTY agrees that the rates , fees and charges to
be billed to CITY shall be the rates in effect at the time of the
billing and shall be the same rates as are charged to other
customers of the same class . It is understood that the rates ,
fees and charges may from time to time be amended and adapted by
the Board of County Commissioners at a Public Hearing ; and
-..> ( 11 ) CITY shall submit a map indicating the area to be
served as a result of this agreement and shall be shown as
n -EXHIBIT "A" , attached hereto and made a part hereof . The area of
service may be extended only with the written approval of COUNTY ,
such document having the same formality and of equal dignity as
the original agreement ; and
( 12) CITY and COUNTY agree that this agreement shall
not be canceled on any condition except by a mutual cancellation
agreement between the parties hereto, which shall be a written
document executed with the same formality and of equal dignity
herewith .
( 13) Both parties agree that all legal requirements for
execution of this agreement have been performed and each party
hereto agrees to exchange with the other certified copies of the
official records of its governing body which authorize the execu-
tion of This agreement; and
( 14) Any temporary cessations or interruptions of the
furnishing of water service to the property described herein at
any time caused by an Act of God , fires , strikes , casualties ,
accidents , power failures , maintenance work , breakdowns , damage
to equipment or mains , civil or military authority , riots or
other cause beyond the control of the COUNTY shall not constitute
a breach of the provisions contained herein or impose liability
upon the COUNTY by the DEVELOPER , its successors and assigns ;
and J
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( 15 ) If any section , subsection , sentence , clause ,
phrase or portion of this agreement is for any reason held inva-
lid or unconstitutional by any court of competent jurisdiction ,
such portion shall be deemed a separate distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof .
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IN IIITNESS WHEREOF , the parties hereto have made and executed
this Agreement on the respective dates under each signature :
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS , signing
by and through its Chairman , authorized to execute same by Board
action on the day of , 19 and
signing by and through duly authorized to execute
same. .
COUNTY
BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS
ATTEST
County Administrator and Ex-
Officio Clerk of the Board of By
County Commissioners of ,Chairman
Broward County , Florida
day of , 19
Approved as to form and legality
by Office of the County Attorney
for Broward County , Florida
JOHN J . COPELAN , Jr . , Office of
the County Attorney , Govern-
mental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale , Florida 33301
Telephone : (305) 357-7600
By
Assistant County Attorney
WITNESS :
BY
day of 19
STATE OF FLORIDA )
COUNTY OF )
I HEREBY CERTIFY , That on This day before me personally
appeared
and
as President and Secretary respective y of
WITNESS my signature and official seal at
County State of
his day of 198
MY Commission expires : Notary Public
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Exhibit "A"
CORPORATE LIMITS OF THE CITY OF DANIA
Area to be served
Droward County Office of Environmental Services designated
Drawing No . I
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EXHIBIT "B"
RATE SCHEDULE OF CHARGES FOR WATER AND WASTEWATER SERVICE FOR BROIJARD
COUNTY OFFICE OF ENVIRONMENTAL SERVICES ACCORDING TO RESOLUTION
ADOPTED BY THE F. OARD OF COUNTY COMMISSIONERS ON SEPTEMBER 27 , 1983 AND
EFFECTIVE OCTOPER 1 , 1984.
WATER AND WASTEWATER SYSTEM CAPACITY CHARGES
Customer Class Water Charges WW Charges
Single Family Residence . . . . . . . . . .$ 570 .00 per unit $440 .00 per unit
Multiple Family/Mobile Homes . . . . . 330 .00 per unit 275 .00 per unit
Hotel /Motel . . . . . . . . . . . . . . . . . . . . . . 280 .00 per unit 250 .00 per unit
Recreational Vehicle . . . . . . . . . . . . . 255 .00 per unit 195 .00 per unit
C/M/ I (BY METER SIZE)
Meter Size
5/8" or 3/4 " . . . . . . . . . . . . .570 .00 per meter . . . . . 440 .00 per meter
I " . 1 ,425 .00 per meter . . . . 1 , 100 .00 per meter
2 200 .00
2 I/2 • : : ; : : : : ; : : : .2 ,850 .00 per meter . . . per meter
3 .4 ,560 .00 per meter . . . .3 ,520 .00 per meter
4 . . . . . . . • . .9 , 120 .00 per meter . . . .7 ,040 .00 per meter
. .14 , 140 .00 per meter . . .11 ,000 .00 per meter
6 .. . . . . . . • . . . . . . . .28 ,500 .00 per meter . . .22 ,000 .00 per meter
10" . . . . . . . . . . . . • . .45 ,600 .00 per meter . . .35 ,200 .00 per meter
. . .65 ,550 .00 per meter . . .50 ,600 .00 per meter
12 • • • • • . . . . . . . . . .88 ,350 .00 per meter . . .68 ,200 .00 per meter
PROJECT PLAN REVIEW FEE
The Division ' s Engineering Section shall estimate the construction
cost of the project to be reviewed based on the project owner ' s
approved quantity takeoff.
A onetime fee of 0 .5 percent of the estimated project construction
cost shall be charged to the project owner, due and payable prior to
approval of project owner ' s plans . MINIMUM CHARGE TO OWNER IS $20 .00.
PROJECT INSPECTION FEE
- The Division ' s Engineering Section shall estimate the construction
cost of the project to be inspected . An inspection fee shall be
charged to the project owner . For project cost (p .c . ) less than
$75 ,000 the inspection fee shall equal
p .c . x [0 .2 ( 75 ,000-p .c . ) /75,000 divided by 0 .54]
Where p .c . is equal to or greater than $75 ,000, the inspection shall
be
p .c . x 0 .054
EXAMPLE : WHERE PROJECT COST = $2,500 .00
Fee 75 ,000 minus 2 , 500 = 72 ,500
72 ,500 x 0 .2 = 14 ,500
14 ,500 divided by 75 ,000 = 0 . 193
. 193 divided by 0 .054 = .247
.247 x 2 ,500 = 618 .33
PROJECT INSPECTION FEE . . . . 6 . . . . . . . .$618 .33
Project owner shall pay all inspection overtime at a rate of $22 . 50
per hour/inspector . These fees to be billed to project owner
periodically , and must be paid in full prior to issuance of a
Certificate of Occupancy .
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EXHIBIT "C "
C4]
11
RMO—
_ County Administrator's Office
Broward County Governmental Center
0 oa Room 409, 115 S. Andrews Avenue
y o� Fort Lauderdale, FL 33301
�D COUN0 •�� (305) 357-7350
August 10, 1989
Mr . Robert F . Flatley , City Manager
City of Dania
100 West Dania Beach Boulevard
Dania , Florida 33004
RE : Water Supply Plan
Draft Agreement
( JMM File No . 553 .0714)
Dear Mr . Flatley :
Attached Is a draft Large User Agreement for implementation of
the Water Supply Plan that was approved by the Water Supply
Advisory Board and County Commission . This draft agreement still
requires final Internal County Review, but In the spirit of
having all parties reviewing the same document at the same time,
It Is being submitted to you for your detalled Input .
This draft Is the result of several months of meetings, comments ,
and evaluations Involving potential Larger Users (Dania ,
�.. Hallandale, Hollywood , Deerfleld Beach, and Hillsboro Beach) and
County staff . Many revisions have been made based on valuable
Input and concerns the potential Large Users have provided our
consultants (Glenn Humphrey of James M. Montgomery , Consulting
Engineers , Inc . [JMM] and Dr . Pat Bidol of Keith and Schnars) .
This draft responds to the concerns and needs expressed by the
various potential Large Users and County utllIty staff . This
draft agreement has new language and provisions shown in slightly
bold type and deleted language crosshatched for your reference .
It Is understood that Dania is now evaluating several long-term
options for Its water supply and treatment and that your
consultants will be finalizing their recommendations to you by
September 1 , 1989 . Broward County Is prepared to work with you
to accomplish either a long-term raw water supply for your
treatment or a long-term treated water supply , as well as an
Interim solution to your Immediate raw water needs . In this
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS—An Equal Opportunity Employer
Scott I Cowan Nicki Englander Grossman John P Hart Ed Kennedy Lori Nance Parrish Sylvia Poilier Gerald F.Thompson
We're Building A Future For Your Family. And Your Business.
'i
August 10, 1989
City of Dania
Page 2
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regard we have also Included an addendum to the Large User
Agreement which addresses your use of our Interim wells 5 and 6 .
Please keep us posted as to which options Involve our
participation and we will cooperate with you on those Items . it
Is my understanding that we are In close agreement on most of the
language In prior draft versions of this agreement .
In order to proceed with the Implementation of the Water Supply
Plan , this agreement needs to be completed within the next 6 to 8
weeks . Our consultants and staff will work with you towards
accomplishing a final document within this time frame . Please
contact Mr . Ed Goscickl , Director of our Office of Envlornmental
Services at 960-3190, If It appears that this time frame will not
be sufficient .
Very truly yours ,
A. Hester
County Administrator
LAH/EG/ Imm
Attachment
CC : Edward Goscickl
Charles K. McElyea, Mayor
1
ADDENDUM TO LARGE USER RAW WATER AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF DANIA
WHEREAS the City of Dania is in immediate need of raw water
to supplement its own resources ; and
WHEREAS the addition of water wells 5 and 6 to the Broward
County 3-A wellfield will enable Broward County to satisfy
this need until such time that the Centralized Wellfield is
in place ;
WHEREAS the Broward County Water Supply Board and the Broward
County Board of County Commissioners have approved the
concept of an interim arrangement to supply the City of Dania
with raw water , which includes the construction of a pipeline
that will become a part of the raw water supply pipeline from
the southern wellfield to the City of Dania , but in the
interim will convey raw water from the County ' s 3A wellfield
to the City of Dania .
NOW, THEREFORE, in consideration of mutual terms and
conditions , and until such time as raw water from the
Centralized Wellfield is available to the City of Dania , each
party agrees as follows :
ADDENDUM PROVISIONS
1 . 1 It shall be the obligation of the COUNTY to design ,
construct , and install raw water service lines and metered
connection at the COUNTY ' s expense , in accordance with
plans , specifications , and engineering data as submitted by a
Florida registered engineer , said plans and specifications to
be approved by all applicable regulatory agencies . Said raw
water service lines shall be connected with said meter
connection by COUNTY to COUNTY ' s exist-ing raw water service
lines .
1 . 2 CITY will convey at no cost to the COUNTY the fee simple
title or appropriate easement to the property needed by
COUNTY for POINT OF CONNECTION , meter location , pump
stations , transmission facilities , and such interest in
property as is necessary to provide ingress or egress by
COUNTY to said POINT OF CONNECTION .
1 . 3 CITY shall reimburse COUNTY 1/3 ( one- third ) of the cost
of construction of wells 5 and 6 , payable upon completion of
said construction , to cover the expense of oversizing the
wells to meet the city ' s needs . COUNTY shall be responsible
for the remaining 2/3 ( two- thirds ) of the cost .
1 . 4 Upon completion of the necessary raw water service lines
and metered connection , the COUNTY shall commence to provide
EXHIBIT "A"
j a quantity of raw water to supply CITY , said quantity not to
exceed one million gallons per day .
1 . 5 COUNTY shall provide raw water transmission service to
CITY at fees , rates , and charges constituting the full cost
of such service , per EXHIBIT 1 .
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1 . 6 In the event that water wells designated for the purpose
of providing water to the CITY do not , for any reason ,
provide adequate raw water to supply CITY with its one-
million-gallon-per-day allocation in addition to providing
COUNTY ' s two-million-gallon-per-day allocation , the available
raw water will be divided proportionately , 1 /3 ( one- third ) to
CITY and 2/3 ( two-thirds ) to COUNTY .
1 . 7 COUNTY shall give 60 ( sixty) days ' notice of date of
completion of transmission lines and metered connection .
CITY shall connect its system to the point of connection , and
begin accepting raw water within 90 ( ninety ) days of the
postmarked date of said notice .
1 . 8 This Addendum is an interim measure and shall not be
construed to conflict with any provision in the Large User
Raw Water Agreement to which it is attached .
1 . 9 This Addendum is valid only until raw water from the
Centralized Wellfield is available to the CITY under the
conditions specified in this Agreement , at which time this
Addendum becomes null and void .
1 . 9 This Addendum is valid only if executed in conjunction
with the LARGE USER RAW WATER AGREEMENT BETWEEN BROWARD
COUNTY AND THE CITY OF DAN I A.
IN WITNESS WHEREOF , the parties hereto have made and
executed this Addendum on the respective dates under each
signature : BROWARD COUNTY through its- BOARD OF COUNTY
COMMISSIONERS , signing by and through its Chairman ,
authorized to execute same by Board Action on the ----------
day of _ __ __ _ 19_-__, and the City of Dania ,
signing by and through the Commission of the City of Dania ,
duly authorized to execute same .
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COUNTY
ATTEST: BROWARD COUNTY , through its
BOARD OF COUNTY COMMISSIONERS
By-----------------------------
Chairman
-----------------------------
County Administrator and Ex. .....day of -------------
Officio Clerk of the Board of
County Commissioners of This document prepared by
Broward County , Florida Office of County Attorney
for Broward County , Florida .
------------------------------ -
County Attorney
Room 423 , Broward County
Governmental Center
Fort Lauderdale , FL 33301
by --------------------------- -
Assistant County Attorney
;..
CUSTOMER
ATTEST:
-------------------------------
-----------------------------
By
-----------------------------
-------day of ---------------- 19---
1 t f t j
OON
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LARGE USER
RAW WATER
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
EXHIBIT "A"
DATE: December 2, 1987
REVISED: March 8, 1989
May 22, 1989
June 14, 1989
June 21, 1989
July 17, 1989
July 21, 1989
July 31, 1989
August 4, 1989
August 9, 1989
LARGE USER
RAW WATER
AGREEMENT
BETWEEN
BROWARD COUNTY
AND
KNOW ALL MEN BY THESE PRESENTS: This Agreement is made and
entered into in Broward County, Florida, between BROWARD COUNTY, a
Political Subdivision of the State of Florida, hereinafter referred to as COUNTY,
through its Board of County Commissioners, which term shall include its
successors and assigns,
AND
hereinafter
referred to as CUSTOMER which term shall include its successors and assigns.
W I T N E S S E T H, that for and in consideration of the mutual terms and
conditions, promises, covenants and payments hereinafter set forth, COUNTY and
CUSTOMER hereby agree as follows:
-1-
ARTICLE 1
PREAMBLE
In order to establish the background, context, and frame of reference for this
Agreement and to generally express the objectives and intentions of the
respective parties herein, the following statements, representations, and
explanations shall be accepted as predictes for the undertakings and commitments
included within the provisions which follow and may be relied upon by the parties
as essential elements of the mutual considerations upon which this Agreement is
based.
1.1 The Board of County Commissioners through the enactment of
Broward County Ordinance Number 84-40, have created a Water
Supply Advisory Board, hereinafter referred to as WSAB in November
1984. The purpose of WSAB is to assist in the development of a
county-wide Water Supply Plan to assure future water supply needs.
12 COUNTY engaged the firm of James M. Montgomery, Consulting
Engineers, Inc. (JMM) as the consultant to prepare the Water Supply
Plan known as the Study of Water Supply and the Selection of Future
Wellfield Sites in Broward County, Florida, hereinafter referred to as
the Study, which was intended to satisfy the goals established by the
COUNTY and WSAB.
1.3 The recommendations of the q:0 S$Igf"X consulting engineer, JMM,
were establishment of raw water delivery systems by the COUNTY to
deliver raw water from centralized wellfields to the V10$70�AV t
LARGE USERS , and related actions necessary for protection of the
wellfields. The capital funding, as approved and defined by the Board
of County Commissioners, for the Water Supply Program will be by the
COUNTY. The operation and maintenance t0$1$ charges and other
necessary non-capital charges (renewal and replacement and
administrative costs) associated with the system will be borne by the
LARGE USERS.
1.4 The recommendations of the ¢000yljI"10 consulting engineer, JMM,
were adopted by the Broward County Board of County Commissioners
on December 9, 1986.
-2-
i
1.5 To the best of its ability, the COUNTY will have sufficient raw water
transmission and well capacity to furnish the projected raw water
needs of CUSTOMER during the entire term of this Agreement, based
upon the projected raw water flow schedules as provided by
CUSTOMER. 4�4 4&000 0006 iilf IN¢ �POTQIX'FXl
1.6 CUSTOMER agrees to purchase raw water from COUNTY in
accordance with the terms and conditions set forth in this Agreement.
1.7 The authority of this Agreement is ?
1.8 Broward County's Water Supply Program, hereinafter referred to as
the program, 0909 U f}i¢ for future water supply in Broward
County as defined in The Study of Water Supply and The Selection of
Future Wellfield Sites in Broward County, June 1986, as approved "A
{i(f11/¢A by the County Commission, including any and all approved
-ay amendments. Amendments must be approved by the WSAB and the
County Commission in the same manner as initial approval of the
Program.
1.9 It is recognized that any existing public water utility, by showing a
demonstrated need to join the raw water supply system, may make
application to the Water Supply Advisory Board (WSAB) for inclusion in
the system.
1.10 Based on expected needs the PROGRAM has been phased. Phase I
includes anticipated Customers as follows: City of Dania, City of
Hallandale, Broward County System 3A, City of Deerfield Beach (East)
and Broward County System ZA and possibly a portion of City of
Hollywood. Phase II includes anticipated Customers as follows: City
of Hollywood, City of Hillsboro Beach, and additional wells and/or
pipelines to meet any additional needs of Phase I Customers.
-3-
ARTICLE Z
DEFINITIONS
Unless the context specifically indicates otherwise, the following words and
phrases used in this Agreement shall have the following meanings:
2.1 Words and terms related to water and wastewater shall have the
definitions listed in the "Glossary - Water and Wastewater Control
Engineering, 1981", published by AWWA.
a. 'COUNTY'
When used herein shall mean Broward County, a political
subdivision of the State of Florida as represented by the Broward
Comity Board of County Commissioners.
b. "COUNTY FACILITIES"
This term shall mean those facilities owned or operated, or both,
a` by COUNTY and approved by Water Supply Advisory Board as a
part of the 1?V64LN PROGRAM and ratified by COUNTY
¢0;fi0j j0A for the purpose of providing for raw water from the
Biscayne Aquifer (wells) and transmitting raw water from these
wells through the POINT OF CONNECTION to CUSTOMER as
shown on "Exhibit "A" attached hereto.
c. 'CUSTOMER'S SERVICE AREA'
This term shall mean the geographic boundaries for which the
COUNTY'S RAW WATER is ultimately supplied to CUSTOMER
as potable water as shown on Exhibit "B'.
/ d. "CUSTOMER'S SYSTEM"
This term shall mean the entire water supply system of
CUSTOMER including treatment, storage, transmission and
appurtenances thereto downstream of the POINT OF CON-
NECTION to the COUNTY FACILITIES.
-4-
e. "LARGE USER" Of f¢y1$�¢161$btj
This term shall include all users including Broward County's
Office of Environmental Services, any municipality or other
public entity which operates water treatment and distribution
facilities which connect into COUNTY FACILITIES and for the
purposes of each LARGE USER IN Agreement designated as
CUSTOMER. 11,fi0 "t OWN hi$10004 13Attd6tA41
00 00 41101 H 00H 160*0$$ 000 ddlt 11009000 W 00tt1t100
�t 100 F10000 PAW $00100 00001010A t0 trt 0104 0d 0 RAW
0000"t "0 OY409 00HAW 000 000000 $40 01�t►`l�dt100-
t0tllltl#6 OW)i 00"ftt 1610 MINTY FA¢luT1 Rl
f. "LARGE USER'S ADVISORY BOARD"
The term Large User Advisory Board shall mean the Board that
is established and composed of representatives of LARGE USERS
10t ¢WTOMMI receiving raw water from COUNTY
FACILITIES, and whose function it is to serve in any advisory
capacity to the Office of Environmental Services regarding
rates, modification to the COUNTY FACILITIES 100111t10d1 and
to perform other advisory tasks related to the use of COUNTY
FACILITIES. Each Of A(0 LARGE USER lot ¢y1$T0IArV $$
0011000 H61`!10 shall be entitled to one representative on said
Board.
g- 70FF1¢FI "BCOES"
This term shall mean the Broward County Office of
Environmental Services located at 2401 North Powerline Road,
Pompano Beach, Florida 33069.
h. "OPERATION AND MAINTENANCE CHARGES"
Operation and maintenance charges shall mean the COUNTY'S
reasonable and necessary 00 091 expenses of maintenance,
repair, and operation of the COUNTY FACILITIES, and shall
include, without limiting the generality of the foregoing, all
-5-
ordinary and usual expenses of maintenance and repair, which
may include expenses not annually recurring, COUNTY
administrative expenses properly charged to the raw water
system, and any reasonable charges for pension or retirement
funds properly chargeable to the raw water systems, insurance
premiums; engineering expenses relating to maintenance, repair,
and operation; j¢¢$ "o ¢;t1 O¢ $Of of V$jjdj JLJO#10, raw water
sampling cost; legal expenses, any taxes which may be lawfully
imposed on "0 110 the income or operations and reserves for
such taxes, and any other expenses required to be paid by the
COUNTY, all in accordance with the accrual method of
accounting, but shall not include any deposits or transfers to
M00#00 M 0AVA 01AAff OOJAJOt "00 0f j0ojV# renewal or
replacement funds, Of "f Q00"00 IN W
¢KiifJ¢fl or any deposits or transfers to the credit
of the Sinking Fund, Loan Repayment Fund, 1}04 bt¢�¢,00J "A
y'yl O, and the General Reserve Fund. Each TQ$¢f
CUSTOMER shall pay a percentage of the expenses proportional
to the CUSTOMER'S Tl$0#0 consumption divided by the total
consumption JQ¢ ;(J¢ 00flOf of the COUNTY FACILITIES as
defined herein. ?° 0ijA01 11 000M¢XOW 10 0"441E0 W
�¢¢+sv4itjfi� isftd¢j�i�6l ��j� �i-'l�fb¢jdtj�li #d�4drij EK�jX �jE� �¢
¢fbdlj6� �� � �0>Sff#t#�d0 d¢�f#¢j�jjtihd �jjd¢j �d �d ;t ddt�jdd
¢�'ft�tEf jl�fi �fj�f tt<�fl
i. "POINT OF CONNECTION"
This term shall mean the point where the CUSTOMER'S system
connects to the COUNTY FACILITIES for the purpose of
receiving raw water from the COUNTY FACILITIES; said POINT
OF CONNECTION is described and set forth in Article 3.1 below
and shown in Exhibit 701 "A%
j. "PROGRAM"
This term shall mean the implemented recommendations for
supply of raw water from COUNTY to LARGE USERS in the
Study including amendments approved by the Water Supply
Advisory Board and ffjjjj¢# approved by the COUNTY.
P�d�d�j{><j0dl
-6-
J
k. "PROGRAM CUSTOMER CAPACITY"
This term shall refer to the Maximum Daily Raw Water Demand
in MGD in the year 2020 as shown in Table 3-9 of the Study or
such other flow demand substantiated by records from the
CUSTOMERS water treatment plant and operations or
substantiated by growth pattern projections 001111o$ "i
approved by the WSAB and 04#fJ04 approved by COUNTY
0*0100 01006 Wo AV 00tdh11100 N 000000 'AAAA40 0011t
W 0010 000"o E000W nt 1n0 0000000 00 WOW 00M
and shown in the year 2020 of the hUffiV Customer's initial raw
water flow projections provided in Section 3.5 hereof. Said year
2020 projection should indicate CUSTOMER'S expected ultimate
raw water flow needs from the PROGRAM at build-out of
CUSTOMER'S SERVICE AREA.
jl 1. "RAW WATER"
This term shall mean the untreated water extracted from the
Biscayne Aquifer.
In. "RENEWAL AND REPLACEMENT FUND'
The Renewal and Replacement Fund shall be used, when
necessary, for the purpose of paying the cost of upgrading
0910001001 or improvements O� 00011M$ to, or the significant
replacement or renewal of capital assets of the COUNTY
FACILITIES, or extraordinary repairs of said COUNTY
FACILITIES. 1#0 WAJoJ "4 80o00 $01001 Tn0 d6000t$ 14 ln0
IK000001 00d bK00100 OW Yv100 00Ul n0 d000 10 no 00tO0d1
hi10 190 WOW 4000"U PtlW001 4400"1 "0 9000
b1000460110d 4000"1 OW ln0 0090t6 hi no OS0f011006
VAM100"00 "A ROW00 VW $to Wd11101041 M00101 In the
event that the amount in the Renewal and Replacement Fund
exceeds the amount necessary for the purposes of the Renewal
and Replacement Fund as certified by 11tO a Consulting Engineer,
or as provided in Section 5.1.2. such amount in excess thereof
shall be used to offset Operation and Maintenance charges. ilk
000ON$ 14 00 $ 004171 n010O1
-7-
It{m.
n. "RESERVED CAPACITY"
V1S 1000 00 IN" 00
4"josw 14 0001 ��11��� lb�t
This term shall refer to the Annual Maximum Daily Flow
projectionof Raw Water in MGD lli 00 040 117 Alf# lil
of the
Customers Raw Water Flow Projections provided in Section 3.5
hereof. Such flow projection shall be as identified for 00
iea��te� o#1 elthf # "1 11dl4 #4fj till ~1 0000 4 AA
year 1 of the then current CUSTOMER'S RAW WATER FLOW
PROJECTIONS table in Section 3.5; provided, however, that flow
projection must be (with the exception of the first three (3)
years of projections) less than or equal to the volume shown in
the fourth year projection three (3) years prior to the current
table.
o. "STUDY"
"The Study of Water Supply ¢irigl �A#1111,�1� and the
Selection of Future Wellfield Sites in Browazd County, Florida",
and approved amendments thereto.
p. "TECHNICAL ADVISORY COMMPTTEE'
The Water Supply Advisory Board (WSAB) may establish a
"Technical Advisory Committee" consisting of members with
technical and operational expertise. Each LARGE USER would
have one person to serve on the Technical Advisory Committee
(TAC). Such TAC member would typically be a City Engineer,
Utilities Director, Public Works Director, or of similar level and
background. The WSAB may also add other public agency
representatives to the TAC as may be prudent and beneficial.
Such members could be from SFWMD, USGS, FDER or of similar
regulatory or public agency.
q. "WATER SUPPLY ADVISORY BOARD"
As defined in Broward County's Ordinance 84-40.
IV r, "WATER SUPPLY PROGRAM"
See PROGRAM
-8-
j
6! 1Y8RIPl 'D OR yt� PIIt�1
tttldi v�lit't Woman WOW 004owl of 100A
wwwo Imp R4'X'lf XIA #;W"HOM 04010 ttlltltd tdtEd 0t
td #llld vi t 00d
tK tX " # Wttt of ofViifqq t
Y#d!
6. COUNTY COMMISSION (BOARD OF COUNTY COMMIS
SIONERS)
When used herein, COUNTY COMMISSION OR BOARD OF
COUNTY COMMISSSIONERS, shall mean the elected officials as
the governing body of Bmward County, a political subdivision of
the State of Florida.
Ins
-9-
ARTICLE 3
PROVISIONS PERTAINING TO CONNECTION
TO THE COUNTY RAW WATER TRANSMISSION SYSTEM
3.1 "POINT OF CONNECTION"
Both parties agree that the POINT OF CONNECTION and meter
location shall be as indicated in the attached Exhibit "A".
3.2 "TRANSFER OF LAND AT POINT OF CONNECTION"
COUNTY may locate the POINT OF CONNECTION and meter location
and necessary transmission facilities on property now being used by
CUSTOMER for raw water transmission or treatment facilities.
CUSTOMER will convey at no cost to COUNTY either the fee simple
title or appropriate easement to the property needed by COUNTY for
the POINT OF CONNECTION, meter location, pump stations,
transmission facilities, and such interest in property as is necessary to
provide ingress and egress to COUNTY to said POINT OF
CONNECTION. Such property shall be of sufficient magnitude to y, e
allow for future projected expansion.
3.3 "MAINTENANCE OF CUSTOMER'S SYSTEM"
CUSTOMER agrees to construct where necessary, and to operate and
properly maintain at its own cost and expense, all water mains,
treatment facilities and other required appurtenances related and
directly attributable to the acceptance of COUNTY-delivered raw
water downstream of the POINT OF CONNECTION that are necessary
to properly "$ accept raw water from the POINT OF
CONNECTION to the CUSTOMER'S SYSTEM at such elevation,
pressure, and not-to-exceed flow rates as described in 4Lffl Zd Sections
3.5, "A �/7, 3.6, and 3.7 herein.
3.4 "CUSTOMER'S SERVICE AREA"
CUSTOMER agrees that it will not provide potable water outside its
CUSTOMER Service Area, (Exhibit "B"), except in the case of public
health, 014 00�110 safety, and welfare; or emergency, (and as provided
-10-
J
in 0#1$fld¢ interlocal agreements) unless 6010
0000009 00g0f1011 CUSTOMER receives prior approval by the
COUNTY, ftf01` f0 1f$ ffl$j 0$001 with such approval being the
subject of a written supplemental agreement attached hereto and
made a part hereof. It is agreed that such approval will not be
unreasonably withheld 0118001 000 "0 0411101061 ¢00¢ and it is
further agreed that disclosure of all contract obligations has been
made by the Parties.
3.5 "CUSTOMER'S FUTURE FLOW PROJECTION"
CUSTOMER agrees that it shall annually review its needs for raw
water supply and transmission service, and, with the advice and
counsel of a professional engineer, project its future needs to the best
of its knowledge and ability, in the format shown below.
RAW WATER FLOW PROJECTIONS
Annual
Annual Max. Month Max. Day
Avg. Daily Avg. Daily Daily Flow Peak
Flow Flow (mgd) Hourly Flow
(mgd) (mgd) (mgd)
Year
1* ss
2
3
,. 4 ss
5
10
15
ZO
ZOZO sss
*October 1, _through September 30, _
**RESERVED CAPACITY
***PROGRAM CUSTOMER CAPACITY
These projections shall serve as a reasonable estimate of the future
needs of CUSTOMER and shall be used by COUNTY for the purpose of
planning expansion, construction, modification, or alteration of said
-11-
COUNTY FACILITIES and shall be so used by COUNTY in determining
transmission and well capacity requirements attributable to
CUSTOMER in COUNTY FACILITIES. In determining when to expand
or modify its facilities, COUNTY will consider recommendations of
the individual CUSTOMERS, Jo$ Of the LARGE USER'S ADVISORY
BOARD, and the TECHNICAL ADVISORY COMMITTEE. ¢0T0V TXI$
00$4000 10 14Ml0 00000 to ¢W$T MA "00 IM 49004000
007 $0 #0110A 10 fto todol'to 0404010 40 01004 td Atoll+ Vol of to
0001110010d of oWgos aoio d s6 gotlw tot m Aill 10 0 Of fm
AJJOOvhOlt COUNTY'S iA,i#J¢*A obligation to furnish service to
CUSTOMER under this AGREEMENT shall be limited to a PROGRAM
CUSTOMER CAPACITY as established in Table 3-9 of the Study or the
modification thereof, as bt a#I% 0AioJ 000 substantiated either by
records from the CUSTOMER'S water treatment plant operations or
substantiated by growth pattern projections #tltl0# "it approved by
the WSAB and t4111104 approved by the County Commission; less the
permitted or desired maximum daily raw water demand supplied by
CUSTOMER'S own existing wells. Said PROGRAM CUSTOMER
CAPACITY shall be that shown on the CUSTOMER'S initial 'RAW
WATER FLOW PROJECTIONS' as provided in Section 3.5. With the
single exception of the capital finding referenced in Section 1.3, all
obligations referred to as COUNTY obligations shall mean obligations
fulfilled by COUNTY with the cost borne by the LARGE
USERS through AWJO charges accrued by the Water Supply
t.. / Program.COUNTY shall have all right and power by suit or other such
proceedings at law or in equity to enforce the limitation of its
obligations hereunder and to prohibit CUSTOMER or its officers,
agents or employees from extracting raw water from COUNTY
FACILITIES which exceeds the amount of demand projections j O¢ OfA
indicated in the above table. CUSTOMER agrees to furnish this
projection to PNJY XON ¢Fyla BCOES at the time of contract
execution and thereafter no later than the first day of ;"o January of
each year. $atto ]d 010EtlOtd $to 00000$Att tot 0;AO AJ 01Vl0$001
00VIATX #itoo$ MAI It om 000 fto 00104000 Od o tool to
WHIAWAA It "O OW 091090000 $00 d�001t100t10r�d to fto t00lllffo$
fit# N4000 "A 000000l00llt WOW
-12-
3.6 "RESERVED CAPACITY"
COUNTY'S annual obligation to furnish service to CUSTOMER under
this Agreement shall be limited to d the bt$$gRy$ RESERVED
CAPACITY as established in 74; ;¢ ;19 01 1K¢ $100t the Table in
section 3.5 KK¢f¢ hereof. This term shall refer to the Annual
Maximum Daily Flow projection of Raw Water in MGD J✓ t¢ilt ¢yi¢ 111
WOO 01 of the Customers Raw Water Flow Projections provided in
Section 3.5 hereof. Such flow projection shall be as identified for 7Yt
MM004 ¢t0¢11t Of "t 11d*E AWN W1 OW)i 00#0 4 M Year 1 of
the then current CUSTOMER'S RAW WATER FLOW PROJECTIONS
table in Section 3.5; provided, however, that flow projection must be
(with the exception of the first three (3) years of projections) less than
or equal to the volume shown in the fourth year projection three (3)
years prior to the current table. This sball provide COUNTY a period
of three years to supply any increase in demand projection submitted
by CUSTOMER as a revision in the raw water flow projections in
- a� accordance with Section 3.5.
3.7 "PRESSURES AT POINT OF CONNECTION"
COUNTY agrees that, under all operating conditions, except as
provided in Article 7.6 of this Agreement, the minimum pressure in
COUNTY transmission at the POINT OF CONNECTION shall be
adequate to provide the RESERVED CAPACITY to the CUSTOMER'S
POINT OF CONNECTION 041¢t l4M#J; however, such pressure shall
M not exceed 30 pounds per square inch. The pressure shall be agreed to
by CUSTOMER and COUNTY to fit the technical situation that exists
at and downstream of the POINT OF CONNECTION.
3.8 "EQUALIZATION OF DEMAND"
CUSTOMER agrees, through the use of generally acceptable utility
methods, to receive a raw water flow from the COUNTY FACILITIES
through the POINT OF CONNECTION ¢t, E 11E,0, not to
exceed the RESERVED CAPACITY. Ed 1004111104 1E 61111¢1E I411E1#
;1$ ig1E j10 $/¢ gi 0 $/0. In the event the CUSTOMER exceeds the
RESERVED CAPACITY or Peak Hourly Flow as stipulated
K#t¢104K¢ N in table in
-13-
Section 3.5, then COUNTY may impose a compensatory charge to the
monthly billing to CUSTOMER) as outlined in Section 5.2. yt 100$ 4
400014091 0At WOW A4100100910x MW go A HAW 0x t¢dIl00�tA00
0x WIN 0096000004 xm"0106 000AI 0►i "d 099100"00 ONO/
3.9 "COUNTY TO INSTALL METERS"
COUNTY agrees to furnish and install a raw water metering device,
housing, accessories and appurtenances of a type and design selected
by COUNTY, to be located at the site or sites as defined in Exhibit
707 "A" attached hereto. COUNTY shall retain ownership of the
metering device, together with the housing, accessories and
appurtenances thereto. In the event the capacity of the metering
device becomes inadequate for the amount of flow delivered,
COUNTY shall replace the meter or install such additional metering
device or devices as may be necessary.
3.9.1 "COUNTY TO MAINTAIN METER"
COUNTY agrees to have an annual inspection and report prepared
regarding the condition and accuracy of the metering device
performed by a representative of the manufacturer or other
competent entity. A copy of the annual report on meter inspection
shall be furnished to CUSTOMER. CUSTOMER shall have the right to
to .A make its own meter inspection, or to have an independent meter
manufacturer authorized company check the metering equipment at
any time during normal business hours provided, however, no such
inspection shall be made unless CUSTOMER shall first give COUNTY
written notice of its intent to have the inspection made, nor shall any
such inspection be made prior to forty-eight (48) hours, excluding
Saturdays, Sundays, and holidays, subsequent to the receipt of said
notice by COUNTY. All cost and expense of CUSTOMER'S interim
inspection shall be borne by CUSTOMER unless the meter is found to
-14-
be inaccurate beyond the manufacturer's guaranteed range of
accuracy, in which case the cost and expense of such interim
inspection shall be borne by ¢q)TYl$7)C PROGRAM. Normal
maintenance of the metering device shall be performed by COUNTY.
3.9.Z "PAYMENT IN CASE OF METER INACCURACY"
Both parties agree that, should the metering equipment be found to be
inaccurate beyond the manufacturer's range of accuracy, the meter
will be assumed to be inaccurate since midway between the JAAJ
previous meter check and the discovered inaccuracy or for a period of
three months, which ever time should be less, and that the following
month's billing will be adjusted to show a credit or additional charge to
CUSTOMER for that period based on the average daily flow of the
thirty (30) day period prior to the previous meter check. An additional
adjustment shall be made after the meter inaccuracy has been
corrected. Said additional adjustment shall show a credit or additional
charge to CUSTOMER for that period based on the average daily flow
of the thirty (30) day periods prior to the previous meter check and
immediately after the period of inaccurate operation.
3.9.3 "PAYMENT IN CASE OF METER FAILURE"
Both parties agree that, if at any time the metering system shall be
inoperative or in any way fails to provide information with respect to
the quantity of flow from the COUNTY'S 00 0410 0"01JQWN
FACILITIES, CUSTOMER *M shall pay to COUNTY a OiWf per day
:...
amount 040iiJ 1¢ using the average flow of the thirty (30) day period¢
immediately prior to 00 "J J;h0fWJ0,V #100 the d#tO period the
meter )i¢¢iiOO was inoperative.
-15-
r i
ARTICLE IV
PROVISIONS RELATING TO RAW WATER QUALITY
4.1 "RAW WATER QUALTTY"
Tito M1019TX >fd�Poo t;<>4 000 to 0TaST4 MU NO 00 900400
W 10 "d 000$ got 00"foo 00 0410M 400901
The COUNTY does not guarantee the quality of raw water supplies, but
agrees to supply raw water of reasonable treatable quality. If through
changing finished water quality standards, decreasing raw water quality, or
other causes, the raw water is no longer or may no longer be reasonably
treatable, an engineering study may be commissioned by the WSAB, and
approved by the County Commission, as a cost to the system, to determine
the most economical method of achieving finished water quality standards.
'The CUSTOMER shall have the right to terminate this Agreement, at no
penalty cost to the CUSTOMER, if the quality of the raw water supplied to
the CUSTOMER by the COUNTY is such that either of the following
conditions are met and "confirmed" as defined herein:
a. The CUSTOMER can purchase treated potable water meeting all
standards imposed by local, state and federal authorities at 30 percent
less cost than the total cost to the CUSTOMER to purchase raw water
from the COUNTY under this Agreement and to treat said raw water
in the CUSTOMER'S water treatment plant to meet the current
standards of water quality required by local, state and federal
authorities.
b. The CUSTOMER can supply or have supplied raw water from another
permitted source and can treat said raw water at such cost that the
combined cost of raw water supply and treatment to meet all then
current required water quality standards of local, state and federal
authorities is 30 percent less than the combined cost of raw water
purchase and treatment of COUNTY supplied raw water to meet all
-16-
,l�, )
current required water quality standards of local, state and federal
authorities.
C. 'Confirmed' as indicated above shall mean an independent evaluation
of the above situations (a) and (b) by a consulting engineer or public
agency acceptable to both parties iffflJ10# approved by the WSAB and
fAlIff0i approved by the County Commission. Said confirmation cost
to be borne by CUSTOMER.
4.2 "RAW WATER SAMPLING"
The COUNTY shall be entirely responsible for having all raw water
sampling tests required by statutory authorities performed at the well
sites and in the transmission mains up to the POINT OF
CONNECTION. Both parties shall establish a sampling point at a
mutually agreeable location at or near the POINT OF CONNECTION
so that both parties may obtain samples of the raw water delivered by
the COUNTY to the CUSTOMER.
COUNTY agrees to provide for such right-of-way or privilege upon
properties within its control as may be necessary to allow CUSTOMER
access to the sampling point. CUSTOMER shall have the right to
obtain raw water samples during normal business hours provided;
however, no such inspection shall be made until CUSTOMER shall first
give COUNTY written notice of its intent to obtain samples and hil"I
type of analysis or tests proposed, nor shall any such samples be
obtained DHSSt �0 within forty eight (48) hours, of receipt of said
written notice excluding Saturdays, Sundays, and holidays, subsequent
to the receipt of said notice by COUNTY. The cost of collecting and
testing $40X CUSTOMER requested samples shall be borne by the
CUSTOMER. The COUNTY reserves the right to collect duplicate
samples with the CUSTOMER. The costs *)VAI OX of said duplicate
samples shall be part of the OPERATION AND MAINTENANCE
charges.
-17-
p
ARTICLE 5
PROVISIONS PERTAINING TO CHARGES
5.1 "BASIS OF CHARGES"
Both parties agree that COUNTY shall provide raw water
supply services to CUSTOMER at fees, rates and charges constituting
the full cost, not to include capital cost, of such services, which shall
include OPERATION AND MAINTENANCE CHARGES hi
A¢¢l¢X¢ $00#0# Z/XX/ /XQi/ ;/JX; Such fees, rates and charges shall
be just and equitable, and COUNTY shall set the same fees, rates and
charges for all LARGE USERS A$ g011J 00 jyi ql¢f/¢X¢
$¢¢110A W ;/JA 7111¢7 that are within the $ftfo;b PROGRAM. Such
fees, rates and charges shall be adopted or amended by the Board of
County Commissioners of the COUNTY, and it shall consider
recommendations of the individual CUSTOMERS which submit such
recommendations and the recommendations of the LARGE USER
ADVISORY BOARD. The COUNTY shall hold public hearings on
amendments to the rates and charges in the manner provided by law
and after thirty (30) days written notice to CUSTOMER of such public
hearing.
The CUSTOMER shall pay a monthly charge to COUNTY for raw
water supply services provided by the COUNTY. Such
charges shall include the 1¢J/¢ybM# the items provided in Section 5.1.1
and 5.1.2.
5.1.1 "OPERATION AND MAINTENANCE CHARGES"
Operation and Maintenance charges are applicable to the raw water
transmission mains and well operations and facilities and
appurtenances thereto. The portion of the monthly charge
attributable to such OPERATION AND MAINTENANCE charge shall
be based upon the actual flow used by the CUSTOMER during the
billing period. Such monthly charge shall be computed as a charge per
1000 gallons passing through the meter or meters serving CUSTOMER.
The rate for such per 1000 gallon charge shall be computed by dividing
the budgeted annual total OPERATION AND MAINTENANCE, expenses
-18-
J
a
charges for each of J {too$J4 COUNTY'S ensuing fiscal years ending
September 30 by the number of thousands of gallons of raw water
which is estimated to be delivered to all the CUSTOMERS of the
system for that year. After the close of the fiscal year, an annual
adjustment will be computed which will be based upon the actual
OPERATION AND MAINTENANCE expenses ¢WJ¢¢ recorded for the
COUNTY FACILITIES for that fiscal year divided by the actual
number of thousands of gallons of raw water provided through the
system for that fiscal year. Such adjustment will be made gyl�l¢�yi¢yil
subject to final verification of OPERATIONS AND MAINTENANCE
CHARGES by annual audit performed by a Certified Public
Accountant. If the annual adjustment shows that an underpayment
was made by CUSTOMER, the amount due and owing shall be paid by
CUSTOMER in (twelve) (1Z) equal monthly payments and shown as a
separate item on the monthly bills during the next twelve (12) months
after the adjustment has been made. If the aimual adjustment shows
that an overpayment was made by CUSTOMER, the amount due and
owing CUSTOMER shall be credited to CUSTOMER in twelve (12)
equal monthly installations and shown separately on the monthly bills
during the next twelve (12) months after the adjustment has been
determined.
5.1.2 'RENEWAL AND REPLACEMENT FUND'
A charge representing a contribution to the Xtb)Sf¢t¢ ¢//` R¢�iilll
Renewal and Replacement Fund maintained by the COUNTY shall be a
surcharge of up to ten percent (10%) on each monthly bill, with such
sum being deposited in the RO¢jJll Renewal and
Replacement Fund, with the surcharge i1OJAJJ¢¢ iA¢AtNJJ such that the
TUbl�l¢f¢ ¢lS// ROlO l Renewal and Replacement (R&R) fund will be
maintained at a level not to exceed 00 l¢ five percent (5%) of the
replacement cost of the COUNTY FACILITIES based upon the annual
engineering report. Any amounts collected by COUNTY shall be used
only for upgrading, repair, renewal and replacements to
the COUNTY'S FACILITIES as defined in Section 2.1.m. ayI
#¢101AN" W ;")W ;*V1/¢d&¢¢fldg ¢/111A; fOl Interest accruing
and any 16f¢111¢ gains realized from hiiloft investment of JRyt R&R
funds shall be credited to the fund.
-19-
eJ
5.2 "CHARGE FOR EXCESSIVE AW"q;tz VIOIXTKT�Y FLOW"
In the event that 1)1¢ a CUSTOMER'S peak daily flow for any month ¢�
exceeds the CUSTOMER'S J"10¢f¢# *"## 1Ai#1A$1fi M;<t ]PiN 1100
RESERVED CAPACITY as shown in Section 3.5 ¢$o 041¢t to$o"¢
¢40¢¢11t for A OHM O1 two (2) successive days 1$¢¢11¢tt 3/S1 >R111A11jj
M 8¢0W 710 WOW M¢00$1A Wf1 then the monthly charge to the
CUSTOMER shall be increased by twice (2X) the percentage that the
CUSTOMER exceeds its commitment for each day thereafter that its
flow exceeds IXO 400"1 OZ 11$ f0$0tt¢ ¢¢0¢¢11i �70ttsdi¢f¢ g>69+t>E1oi
"00 7WIA096 PH 10Wt V100 RESERVED CAPACITY as shown in
the table in Section 3.5. Nothing in this section shall be construed to
waive or rescind any rights that COUNTY shall have pursuant to
Article 3.6 relating to the limitation of COUNTY'S obligation to
provide raw water capacity to CUSTOMER only up to the amount
CUSTOMER has reserved.
In the event that 1)/¢ ¢ CUSTOMER'S peak hourly flow for any day of
the month exceeds the CUSTOMER'S projected Peak Hourly Flow as
shown in Section 3.5 for two (2) successive days then the monthly
charge to the CUSTOMER shall be increased by twice (2X) the
percentage that the CUSTOMER exceeds its peak hourly flow
commitment for each day thereafter that its flow exceeds
CUSTOMERS projected Peak Hourly Flow as shown in the table in
Section 3.5. hi WO If both peak hourly flow and maximum daily flow
are violated within the same month only the higher penalty of the two
shall apply. Nothing in this section shall be construed to waive or
rescind any rights that COUNTY shall have pursuant to A{11¢I¢¢
Sections 3.5 and 3.6 relating to the limitation of COUNTY'S obligation
to provide raw water capacity to CUSTOMER only up to the amount
CUSTOMER has reserved.
5.3 "REVIEWS"
COUNTY agrees that reviews of the cost of providing raw water
supply services shall be made annually, based on the COUNTY'S fiscal
year. The fees, rates, and charges which will be effective during the
-20-
J
next succeeding fiscal year for all LARGE USERS f¢ fX0 ¢j0$'X'0MgR
"A O NH OAOIA O Of fib OAOO OfWO will be developed by the
COUNTY following such annual review. In developing such fees, rates,
and 000f charges for the next succeeding fiscal year, the costs/ $$
W,f11091 K¢1` hi/ of providing raw water supply services during the
current fiscal year, the audited costs for the preceding fiscal year, and
the anticipated changes in costs in the next succeeding fiscal year,
will be the preliminary basis for establishing the fees, rates and 0190E
charges for the next succeeding fiscal year.
5.4 "PAYMENT AND PENALTIES FOR NONPAYMENT"
Both parties agree that COUNTY shall bill CUSTOMER for raw water
supply services on a monthly basis in accordance with its standard
billing procedures, CUSTOMER shall pay such billings within forty-five
(45) days of the date of mailing the monthly bill. Should CUSTOMER
not pay within the forty-five (45) day period, CUSTOMER shall pay an
interest penalty on the unpaid balance at the maximum rate allowed
by State statute. Should a billing or a portion of a billing be
outstanding for a period of more than sixty (60) days from the date of
the original billing, then the CUSTOMER shall be considered in default
and the COUNTY, in addition to all other rights and remedies, shall
have the right and power, by suit, action, mandamus or other such
proceedings at law or in equity, to protect, enforce, and compel
performance by the CUSTOMER and any of the officers, agents, or
M..y employees of said CUSTOMER to perform and carry out its and their
duties and obligations under this Agreement or applicable law.
5.5 "CUSTOMER ACCESS TO COUNTY RECORDS"
COUNTY agrees to maintain accounting records for COUNTY f#t4
OAJO¢ FACILITIES, and to have said records audited annually.
COUNTY will furnish to CUSTOMER a copy of the COUNTY'S annual
audit, and the most recently adopted annual budget for review.
COUNTY agrees to maintain information in sufficient detail to permit
CUSTOMER to ascertain the cost, as defined in Section 5.7, XOJOItV of
-21-
raw water supply services, separate and apart from the cost of other
services of COUNTY. Upon reasonable notice given by CUSTOMER,
COUNTY will make available to CUSTOMER, at COUNTY'S offices,
its books and records regarding operation of the raw water facilities.
$17 5.6 "COUNTY TO HAVE JURISDICTION"
Both parties agree that COUNTY has sole and exclusive authority and
jurisdiction as to administration, operation, and maintenance of
COUNTY FACILITIES $$ $011$¢0 1t, 114 VIA 7111$1; establishing the
annual budget, establishing and amending service fees, rates, and other
charges as provided in the Broward County Code; for efficient
operation and maintenance of fit¢ COUNTY FACn=S W1011¢$ and
all other matters and things pertaining to the Water Supply Program.
However, with the exception of challenges to charges, COUNTY
agrees to evaluate and consider implementation of "$ g6$yo 0#00
tt" f WO 01100 10100100"1 the recommendations that it receives
4' from f o hl$ f10og go$'1TorAl t$ ilii9l the LARGE USER ADVISORY
BOARD and TECHNICAL ADVISORY COMMITTEE before making
decisions in areas in which the LARGE USERS 1001f10d01 OW$T0 Vbt$
and the Advisory Board have an interest.
Wfli 0070P18R "t 00WI ?X Adoo no ¢N$70niK d+At
1NE 0t00'100 0f 04"00 E MiN 10 AW O000t110d td$ 0010100"00 W
UKW fx,< 440000 10 flit` 900 000 441NOtt 8dtto 11 flit`
,p. tW"tt # 100011 t0 "f# W1E1+<df Wt11I 00 ywio NO 11000"
PO"ll '*At WWI 00 OU "& 10 00 Wsoot $j"1t .Aj#"tt A000
10i MON $0110d #1 t 00000 Nookq "i fx,<# tt't,s�d���110� 101Nt<
9:0VIN?x 9:004 !#001
Both CUSTOMER and COUNTY agree that any LARGE USER
1001f1000 010M IR or the LARGE USER ADVISORY BOARD may
challenge the propriety of expenses charged to the opertion and
maintenance of the COUNTY FACILITIES through normal COUNTY
budget process. However, if unsatisfied with results via the normal
budget process, the LARGE USER ADVISORY BOARD may present
their challenge to the Water Supply Advisory Board for their action at
a public meeting and their (WSAB) recommendation to the COUNTY
COMMISSION.
-Z2-
L�
f )
5.7 'ANNUAL AUDIT AND ENGINEERING ESTIMATES'
COUNTY shall provide raw water service to CUSTOMER at fees, rates
and charges constituting the full cost, set forth herein, direct or
indirect, of such services. Such cost shall include, but not be limited
to, labor, material, equipment, fuel, utilities, chemicals,
transportation and travel expenses, administrative expenses (including
interdepartmental service costs, such as amount attributable to
services of the Finance Department, Purchasing Department, ¢MjWiV
00"OQ County Attorney, etc.), billing expenses, supplies, rent,
insurance, employee benefits, liability and workers compensation,
outside services, and any other costs of operation, maintenance, and
repair to said COUNTY FACILITIES. Such fees, rates and charges
shall be adopted or amended by the Board of County Commissioners of
the COUNTY only after public hearing in the manner provided by law.
It is intended that fees, rates and charges to the CUSTOMER shall be
based on the most recent actual or anticipated costs; however, from
time to time as costs change, and as actual costs replace estimated
costs, the COUNTY intends to annually review the basis upon which
the prevailing fees, rates and charges have been determined.
Subsequent reviews of the cost of providing raw water supply services
shall be made annually, not later than ninety (90) days prior to the end
of the current fiscal year. The fees, rates and charges which will be
effective during the next succeeding fiscal year to the CUSTOMER,
AND LARGE USERS will be developed by the COUNTY following such
annual review. In developing such fees, rates and 0J%4j charges for
the next succeeding fiscal year, the costs, as defined herein, during
the current fiscal year, and the anticipated changes in costs in the
next succeeding fiscal year, will be the preliminary basis for
establishing the fees, rates and Othlf charges for the next succeeding
fiscal year. The COUNTY shall give the CUSTOMER at least thirty
(30) days notice prior to the effective date of any changes in such
fees, rates or other charges. 00160 Y MMOO to is 0WOO 04
-23-
0tdtltXd Mott W 0000004 "1 NO dkott tof"Of Awof"
*"IW l tof tot of WrIM vilow.= tot ON* " t" #
OMAN #ttot 0000101100 T to""OXt 110000 �Xt� ibt
9MPTOWN Mvm ox O#t AtlMoxo tlo 010070 it #
oov7fl7 Y YA¢XXX %l
-24-
4 i
ARTICLE 6
PROVISIONS PERTAINING TO ADDITIONAL OBLIGATIONS
OF BOTH PARTIES UNDER THIS AGREEMENT
6.1 "COUNTY TO EXPAND RAW WATER CAPACITY"
COUNTY agrees to provide whatever expansion to COUNI'Y'S {{yb
0;i)'¢{ FACILITIES as may be reasonably necessary to provide for
CUSTOMER'S future projected demand, as established herein in
A{JJ¢J¢ Section 3.5 and 3.6, provided that upon the COUNTY'S review,
a facilities expansion is determined to be appropriate. Toward this
objective COUNTY will make application where feasible for
appropriate financial assistance from federal, state, and local
programs under which said facilities and the project may be eligible.
Further, COUNTY agrees to apply applicable portions of any such
assistance which may be received to offset capital costs of the
COUNTY system.
6.2 "CUSTOMER TO RECEIVE AVt RAW WATER RESERVED"
CUSTOMER agrees, during the term of this Agreement, to receive 01;
up to the raw water demand projected in Article 3.5 J000"00 WO
¢oTppQ' y JA�WJJO$ first, prior to utilizing any other 0fl$JMJ sources,
with the exception of the regulatory permitted withdrawal volume
from the CUSTOMER'S own 40* b#EJJAJ wellfield(s) existing at the
y JJ,J,o of {J&ig effective date of this agreement. Raw water flow
demands shall not exceed amounts set forth herein in Articles 3.5 and
3.6, as existing or as hereafter amended, for the length of this
Agreement; and COUNTY agrees to deliver such raw water demand
not exceeding amounts set forth herein in Articles 3.5 and 3.6, as
existing or as hereafter amended, for the length of this Agreement in
accordance with Broward County's Water Supply Program Study (2.1.o)
and subsequent amendments thereto, approved by the Water Supply
Advisory Board and {¢Jiff" approved by the County Commission.
It shall be incumbent upon Customer to utilize the County Facilities to
accept raw water. Customer shall accept a minimum flow on an
annual average basis of twenty (20) percent of the PROGRAM
-25-
CUSTOMER CAPACITY; however, such minimum flow shall not
exceed 2.0 mgd nor be less than 1/9 0.5 mgd on an annual average
basis. Should CUSTOMER'S annual usage be less than twenty (20)
percent of PROGRAM CUSTOMER CAPACITY or X/0 0.5 mgd,
whichever is greater, CUSTOMER shall be obligated to pay charges
and fees as though the raw water water was actually provided;
however, such payment shall be limited to a maximum of 2.0 mgd on
an annual basis. Said payment for minimum flows shall be considered
as an underpayment and shall be paid by CUSTOMER as provided in
Section 5.1.1.
6.3 "CHANGES IN RESERVED CAPACITY AND PROGRAM CUSTOMER
CAPACITY"
If proposed flows in the table in Section 3.5 exceed the Maximum
Daily Raw Water Demand as depicted in Table 3-9 of the Study said
increases in Reserved Capacity and Program Customer Capacity must
have prior approval )f of the Water Supply Advisory Board and )S¢
{$Jjj/¢yl )t of the County Commission.
6.3.1 "CHANGES BY OUTSIDE AGENCIES"
COUNTY may revise the $¢Xoj& RAW WATER FLOW PROJECTIONS
shown in Section 3.5 if any federal, state, or local agency promulgates
regulations that require a change in scheduling or flows 000"¢0 as
r defined in 3.5. ¢¢ 001000 of i8¢ 00V$Ty! ;64 00 $ ¢K"j¢
X¢ $OHA M ¢¢0"¢0 4000 101 If there is a determination by either
party that regulations requiring a change in scheduling or flows are
unreasonable, either party reserves the right to challenge said
regulations in court.
6.3.2 "CHANGES BEYOND COUNTY'S CONTROL"
COUNTY may revise the flow schedule for such periods as are
reasonable and necessary if anticipated construction is delayed for any
reason beyond the control of COUNTY. The reasons for delay may be,
but are not limited to, contractor delays beyond completion date or
lack of acceptance or approval by regulatory agencies.
-26-
i
6.4 "CUSTOMER
,E ltATF$Y AGREES TO PAY"
CUSTOMER agrees to establish and maintain service charges or other
means of obtaining funds within its
eog of
SERVICE AREA sufficient to provide mon hlYlfpaym`ent CUSTOMER'S
for raw water Y payments to COUNTY
8uPPly services, and that such means shall be revised as
may be required from time to time to provide sufficient funds to pay
any sums due COUNTY under the terms of this Agreement.
6.5 "GRANT INFORMATION"
CUSTOMER and COUNTY agree to provide each other with all
necessary information pertinent to CUSTOMER'S SYSTEM and
SERVICE AREA or COUNTY'S FACff_rMS bt>ft¢yh ; d iodifoo which any federal, state, # ks
or local agencies shall require in an
application for financial assistance in the construction of COUNTY'S
FACILITIES or CUSTOMER'S
CUSTOMER and 1il0Xl1flo f SYSTEM' Further,
COUNTY agree to adopt such regulations, execute
such Agreements and do such work as said federal, state, or local
agencies may require as part of COUNTY'S or CUSTOMER'S
application for funds.
-27-
1
ARTICLE 7
PROVISIONS PERTAINING TO VIOLATIONS AND
EXCEPTIONS TO THE TERMS OF THIS AGREEMENT
7.1 "AGREEMENT NOT TO BE CANCELLED"
Both parties agree that each is undertaking a major obligation in that
the COUNTY is providing a portion of CUSTOMER'S existing and
future raw water flow requirements, and therefore each agrees with
the other that this Agreement will not be cancelled on any conditions
except by a mutual cancellation agreement between the parties
hereto, which will be a written document executed with the same
formality and of equal dignity herewith.
7.2 "NOTICES OF VIOLATION TO 9MTOWMI
COUNTY shall serve CUSTOMER with written notice stating the
nature of any violation of this Agreement by CUSTOMER. Except as
otherwise stipulated, said notice shall provide a reasonable time VIA%
for the satisfactory correction thereof. Oil I1 lii lei¢ 0014100 O1 00
OOTA79TY W 611►iAWA 0ritt; fol NOONAN 4000A �f 00001kot 16t
1K0 $411614010it 00000110d 18o1'0o1 011M �O 11iho 11fi11/ CUSTOMER
shall, within the period of time stated in such notice, permanently
cease or correct all violations. CUSTOMER shall take necessary
corrective action in accordance with the provisions of this Agreement
and standard operating and administrative procedures. CUSTOMER
shall serve COUNTY with written notice of any violation of this
agreement by COUNTY. Except as otherwise stipulated, said notice
shall provide a reasonable time for the satisfactory correction thereof.
COUNTY shall, within the period of time stated in such notice,
permanently cease or correct all violations. COUNTY shall take
necessary corrective action in accordance with the provisions of this
agreement and standard operating and administrative procedures.
If at any time CUSTOMER OW 00f 0$0PY 01111 1 0 00MI00
11*0jN W 1iN Od",b"ll 0 11 g0%T0WVt shall create any
condition which COUNTY should determine destructive or damaging to
any part of the COUNTY'S facilities, COUNTY shall give ten (10) days
_28_
written notice to CUSTOMER to discontinue such harmful operation or
practice, within which period CUSTOMER agrees to comply. H any
damages result to COUNTY facilities, the entire cost of such
damages, judgments or both, resulting thereform shall be paid by
CUSTOMER. In any event; proper, thorough, demonstrable proof of
condition and damage must be provided by COUNTY to CUSTOMER in
said written notice.
If at any time COUNTY shall $of oolbolt Oft INO 00*010"1015066
" 1W i<da:`00000fl Of Of 9:016DITY AfQ create any condition which
CUSTOMER should determine destructive or damaging to any part of
CUSTOMER SYSTEM, CUSTOMER shall give ten (10) days written
notice to COUNTY to discontinue such harmful operation or practice,
within which period COUNTY agrees to comply. If any damages result
to CUSTOMER MY SYSTEM, the entire cost of such damages,
judgments or both, resulting therefrom shall be paid by COUNTY. In
any event; proper, thorough demonstrable proof of condition and
damage must be provided by CUSTOMER TO COUNTY in said written
notice.
Both parties agree that no provisions contained herein shall be
construed as preventing any A(i% agreement or arrangement between
COUNTY and CUSTOMER whereby an unusual or uncharacteristic
situation may be addressed by CUSTOMER and COUNTY.
7.3 "DISPUTE OVER YZNA77019 OR CHARGES"
CUSTOMER agrees that, in the event of any continuing violatons or
disputes, 0010100 or if the parties do not agree within thirty (30) days
from the billing date upon the amount invoiced, 11 A #01AIlog 0000
09101 or if the matter or a dispute continues unresolved for thirty (30)
days from the billing date, the CUSTOMER shall automatically deliver
to the COUNTY the amount billed. However, the amount of the bill
that is legitimately in dispute shall be deposited for the payment of
the invoice in escrow in an interest-bearing bank account in a banking
institution designated by the COUNTY during such continuing claimed
violation or dispute.
-29-
S
7.4 "FORCE MAJEURE"
Both parties agree that any restriction of raw water supply
services, including COUNTY ability to *00 supply and the ability of
customer to accept, resulting from an Act of God, fire, strikes,
accidents, casualty, breakdown of or injury to machinery, pumps or
pipe lines, insurrection or riot, or civil or military authority, shall not
constitute a breach of this Agreement on the part of COUNTY or
CUSTOMER and neither COUNTY nor CUSTOMER shall be liable to
the other for any damage resulting from such ¢¢¢¢ill/¢li restriction.
"4 Until a written notice to the contrary may be received from
federal, state, or local agencies both parries agree to keep this
agreement in effect to the degree physically possible for the COUNTY
to supply and the CUSTOMER ¢Fllll¢lf to accept ¢IWTf W"I
necessary quantities of raw water 96W0 00 0010M OR
regardless of pressure or quality.
`s Both parties agree that any increase in CUSTOMER demand for raw
water supply services resulting from an Act of God, fire, strikes,
casualty, breakdown of or injury to machinery, pumps or pipe lines,
insurrection or riot, or civil or military authority, shall not constitute
a breach of this Agreement on the part of COUNTY or CUSTOMER
and neither COUNTY nor CUSTOMER shall be liable to the other for
any penalties or damage resulting from such demand increase until a
ty. written notice to the contrary may be received from federal, state, or
local agencies.
7.5 "JURISDICTION OF OTHER AGENCIES"
Both parties agree that certain federal, state, and local agencies have
some jurisdiction and control over water supply matters and should any
such agency, excluding the Board of County Commissioners of Broward
County, Florida, issue legally enforceable laws, regulations, mandates,
or orders that may alter any of the terms and conditions of this
Agreement, there shall be no liability on either party because of such
action, provided that COUNTY shall not be precluded from making a
necessary adjustment to the fees, rates and charges. It is further
-3 0-
L
agreed that if any such agency shall request a change in the provisions
of this Agreement that both parties will, by mutual agreement, make
every effort to comply with such request. However, the terms of this
article shall not preclude administrative or judicial challenge, or both,
of such order by either or both parties hereto. This provision shall not
be construed so as to permit CUSTOMER to terminate this
Agreement.
7.6 "CUSTOMER WATER CONSERVATION PROGRAM"
CUSTOMER agrees to participate in any regulation di¢til 04 by the
Water Supply Advisory Board dt W11104 and approved by the Board of
County Commissioners or any governmental agency including but not
limited to South Florida Water Management District (SFWMD) as
deemed necessary for the conservation of water.
Should COUNTY 46AJ be requested or mandated to reduce NJ%volume
and/or pressure of raw water supply in response to official regulatory
requests or mandates, COUNTY may do so f"000 oj0000 ddil0>`
go* dt 00701MI" li0#t 01 00"0 F W lid eoh6h E t0 094
'0"10" d0ald0dt 01 ;fi""M "A SdEN 091 04 dot 00olitdt0
without constituting a violation of this agreement. Also, no
surcharging of fees as provided in Section 5.2 nor payment of fees for
failure to accept minimum flows shall apply to Customer as a result of
said regulatory requests or mandates. Each Customer shall respond to
said official regulatory requests and mandates in proportion to the
flow volumes prevailing at the time of said request or mandate.
Should CUSTOMER not respond to mandated reduction in flows per
official regulatory requirements, COUNTY shall charge said
CUSTOMER a surcharge to the entire flow volume. Said surcharge
shall be triple (3) the degree to which CUSTOMER fails to adhere to
the mandated cutback. For example, if a 15 percent cutback is
mandated by the SFWMD and CUSTOMERS demand is reduced by only
5 percent, a surcharge of (15%r-5%)(3) = 30 percent would be applied to
the entire flow volume taken by the CUSTOMER. The amount of said
surcharge will be considered as general revenue to the COUNTY.
-31-
ARTICLE 8
PROVISIONS PERTAINING TO THE
ADMINISTRATION OF TIM AGREEMENT
8.1 "DATE OF BEGINNING"
Both parties agree to be bound by this Agreement as of the date of its
execution. COUNTY agrees that the COUNTY FACILITIES from
which CUSTOMER will receive raw water pursuant to this Agreement
shall be operational within a reasonable period of time 0404 1E 0101A
00 ¢0T6ig77y1S 00�ffO,I as defined in Should CUSTOMER,
through no fault of COUNTY, not avail itself of the COUNTY
facilities when such facilities are available, it shall pay the applicable
standby charges, as defined and described in Article 8.1.2 below.
8.1.1 "DATE OF CUSTOMER CONNECTING TO COUNTY FACILITIES"
.0.
COUNTY will keep CUSTOMER informed as to the construction
schedules of those facilities necessary to serve CUSTOMER. The
COUNTY shall give CUSTOMER notice of the completion date as
certified by its Engineer of the construction of all COUNTY
FACILITIES necessary to serve CUSTOMER and CUSTOMER shall be
prepared to connect CUSTOMER system to the POINT OF
CONNECTION on this completion date or within sixty (60) days of the
date of this notice, whichever date is later. If construction is
a.-. completed at the time of execution of this Agreement, COUNTY shall
give written notice thereof to CUSTOMER who shall connect to the
system within thirty (30) days of receipt of written notice.
Notwithstanding whether CUSTOMER J000jj0$ accepts its allotment
of raw water, it shall pay standby charges which shall commence no
later than 60 days from the date of notice that water is available to
the CUSTOMER.
8.1.2 "BASIS OF STANDBY CHARGES"
Should CUSTOMER fail to t000j�¢ accept its allotment of raw water
on the date above agreed upon, then COUNTY will bill and
CUSTOMER will pay the monthly charges set forth in ARTICLE 5
hereof as if CUSTOMER was receiving 190 75 percent of its Annual
-3 2-
f r ;
Average Daily Flow as projected in Article 3.5 #¢#¢##¢¢ 00 i#¢#
These revenues will remain in the appropriate Fund.
8.2 "TERMINATION AND EXTENSION OF AGREEMENT"
Both parties agree that this Agreement shall begin and bind the parties
as set forth in Article 8.1 hereof and shall terminate and extend as
provided for in Article 7.1.
8.3 "INVALIDITY OF AGREEMENT:
Both parties agree that the invalidity of any section, clause, sentence,
or provision of this Agreement shall not affect the validity of any other
part of this Agreement which can be given effect without such invalid
part or parts.
8.4 "BINDING ON SUCCESSORS"
Both parties agree that this Agreement shall be binding upon the
" successors and assigns of the parties hereto and may be enforced by
appropriate action in court, or courts, of competent jurisdiction.
8.5 "LEGAL REQUIREMENTS"
Both parties agree that all legal requirements for execution of this
Agreement have been performed, and each party hereto agrees to
exchange with the other certified copies of the official records of its
governing body which authorize the execution of this Agreement.
8.6 "GIVING OF NOTICE"
Any notice required to be given hereunder shall be considered to have
been properly given if the same has been set in writing by certified or
registered mail to the following:
COUNTY: Board of County Commissioners
C/O County Administrator
4th Floor, Broward County
Governmental Center
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
-33-
10W$1019f OFFI¢8 BCOES Office of Environmental Services
Z401 North Powerline Road
Pompano Beach, Florida 33069
CUSTOMER:
8.7 "ALL PRIOR AGREEMENTS SUPERSEDED"
This document supersedes all prior negotiations, correspondence,
conversations, agreements or understanding applicable to the matters
contained herein and the parties agreed that there are no
commitments, agreements, or undersandings concerning the subject
matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall
be predicated upon any prior representations or agreements, whether
oral or written. It is further agreed that no modification, amendment,
or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the
same formality and of equal dignity.
8.8 "EXECUTION"
This Agreement shall be executed in five (5) copies, each of which
shall be deemed an original. CUSTOMER shall provide COUNTY with
a copy of CUSTOMER'S Resolution or evidence of other action
authorizing CUSTOMER to execute this Agreement, which Resolution
" or other document shall be attached hereto as Exhibit "D" and made a
part hereof.
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� 7 �
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: BROWARD COUNTY
through its BOARD OF COUNTY COMMISSIONERS, signing by and through its
Chairman, authorized to execute same by Board action on the day of
, 19 , and signing by
and through duly
authorized to execute same.
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COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By:
Nicki E. Grossman, Chairman
County Administrator and Ex-
Of ficio Clerk of the Board of
County Commissioners of
Broward County, Florida _day of , 19_.
Approved as to form by Broward County
Attorney's Office JOHN J. COPELAN, JR.
County Attorney; Governmental Center,
Suite 423, 115 South Andrews Avenue, Fort
Lauderdale, Florida 33301
Telephone: (305) 357-7600
By:
Michael J. Kerr
Assistant County Attorney
Date:
Print names of witnesses under
their signatures.
WITNESSES:
Witness
Date:
Witness
Witndss
Date:
Witness
CORPORATESEAL
IMPRESSED
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