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HomeMy WebLinkAboutR-2008-132 Hollywood Water Agreement RESOLUTION NO. 2008-132 A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA,AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH THE CITY OF HOLLYWOOD FOR THE PURCHASE OF WATER SERVICE ON AN EMERGENCY BASIS FROM THE CITY OF HOLLYWOOD VIA AN INTERCONNECT SYSTEM; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City officials are authorized to execute an agreement for emergency water purchase via an interconnect agreement; a copy of the agreement is attached and marked as Exhibit "A". Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on August 12, 2008. �Po,�pitD 5 F/RSr C'T ATTEST: Q C LOUISE STILSON, CMC ALBERT C. JONES CITY CLERK MAYOR-COMMI ONER ATEO APPROVED AS TNA D CORRECTNESS: BY: I11 / T MA J.WNSBRO CITY ATTORNEY INTERLOCAL AGREEMENT FOR EMERGENCY WATER INTERCONNECT This Agreement is made and entered into this day of 20 between the City of Hollywood, Florida(hereinafter referred to as "Hollywood") and the City of Dania Beach Beach, Florida(hereinafter referred to as"Dania Beach")to wit: WHEREAS, Hollywood desires to provide Dania Beach with their potable water needs for their water supply system during emergency periods of reduced availability of their normal sources;and WHEREAS, Hollywood and Dania Beach, as neighboring local governments, agree to enter into an agreement outlining the terms upon which Hollywood will furnish water to Dania Beach in times of emergency reduced availability of normal supplies; and WHEREAS, it is deemed in the best interest of Dania Beach for Hollywood to make this provision for augmenting Dania Beach's water supplies if such a need should arise; NOW, THEREFORE, in consideration of the promises contained herein and other good and valuable consideration, it is agreed: 1. Subject to the terms of this Agreement, Hollywood agrees to supply to Dania Beach such potable water as is available within the Hollywood water system that is over and above the needs and demands of Hollywood and the customers of its water service area. 2. Water supplied under this Agreement shall be delivered to, and received from interconnecting facilities, hereinafter referred to as "The Interconnect", as shown in Exhibit 1 to this Agreement. 3. Water provided by Hollywood to Dania Beach under the provisions of this Agreement shall be only that water needed to provide temporary assistance in the event of an emergency need for water beyond that available in its own system Water shall be provided subject to the following conditions: a) Dania Beach shall immediately notify Hollywood of its need to receive water on an emergency basis. Hollywood shall designate a member of its permanent staff who shall receive all requests from Dania Beach, and who shall have the authority to approve or disapprove requests. b) Hollywood shall have a representative available at The Interconnect during the day of the event in order to open the operating valve to allow for the flow transfer. City of Dania Beach representative shall be allowed to operate the valve if Hollywood representative is not available. Once the flow transfer has been 1 completed, Hollywood will be responsible for the closing of the operating valve. City of Dania Beach representative shall be allowed to operate and close the valve if Hollywood representative is not available. c) At its sole option, Hollywood 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. Hollywood shall not 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 Dania Beach's water system d) Dania Beach agrees to exercise prompt and diligent effort to eliminate its need to obtain augmenting supplies. 4. It is mutually agreed that whenever water is supplied under the terms of this Agreement, Dania Beach shall pay Hollywood for all water received, in accordance with the following: a) Payment shall be on a per thousand gallons basis, as measured by the meter at The Interconnect. The meter shall be read at the end of each month by Hollywood regardless of any water being supplied to Dania Beach for the preceding month. b) Hollywood, at its own expense, will provide annual checks of the accuracy of the meters used to supply water to Dania Beach. If Dania Beach should believe that a bill for water received might have been based n readings from an inaccurate gh upon gs meter, it may request that Hollywood provide an additional check of meter accuracy. Should that additional check reveal accuracy within the limits of the manufacturer's recommended accuracy, then the cost of obtaining the check shall be home entirely by Dania Beach. c) If either an annual check or an additional check of accuracy reveals an error beyond the limit of the manufacturers recommended accuracy, it shall be assumed that the inaccuracy was in existence for the later one-half of the period of time from the last check that indicated acceptable accuracy. Any billings that occurred during that period shall be adjusted to reflect the quantity of overread or underread exceeding the appropriate limit of accuracy, at the rate per thousand gallons that was in effect at the time delivery occurred. d) Hollywood and Dania Beach agree that the rates, fees and charges to be billed by Hollywood shall be the same retail rates in effect at the time of the billing and shall be the same rates as are charged to Hollywood's retail customers. It is understood that the rates, fees and charges may from time to time be amended and 2 adopted by Hollywood's Commission at a Public Hearing. Whenever Hollywood shall make adjustments in the per thousand gallon commodity rates it charges to its retail customers, said adjustments shall apply equally to the rates established by this Agreement . 5. This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either city to the other at its sole discretion, after a determination that it is in its best interest to terminate. 6. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, however, that the invalidity of any such condition or provision does not materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provision of this Agreement. 7. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. IN WITNESS OF THE FOREGOING, the parties hereto have made and executed this Agreement on the respective dates under each signatures: The CITY OF HOLLYWOOD through its CITY COMMISSION, signing by and through its Mayor, authorized to execute same by Commission action on the day of 20 ; and The CITY OF DANIA BEACH BEACH, through its CITY COMMISSION, signing by and through its City Manager, authorized to execute same by Commission action on the day of , 20 CITY OF HOLLYWOOD ATTEST: By: Peter Bober, Mayor Patricia A. Cemy,MMC Date: City Clerk Approved as to form and legality for the use and reliance of the City of Hollywood,Florida only. Jeffrey P. Sheffel, City Attorney 3 CITY OF DANIA BEACH ATTEST: By: Albert C. Jones, Mayor Louise Stilson, CMC Date: City Clerk Approved as to form and legality. Thomas J. Ansbro, City Attorney Ivan Pato, City Manager 4