HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-012 Large User Wastewater Agmt•
Temp. Reso. #13731
January 26, 2022
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- bi �--
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING OF THE LARGE
USER WASTEWATER AGREEMENT WITH THE CITY OF
FORT LAUDERDALE AND THE CITY OF TAMARAC
EFFECTIVE THROUGH DECEMBER 31, 2041;
AUTHORIZING EXPENDITURES FOR WASTEWATER
TRANSMISSION, COLLECTION, AND DISPOSAL
SERVICES, NOT TO EXCEED THE ANNUAL AMOUNT
BUDGETED FOR SAID PURPOSE; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO ADMINISTER THE
AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
is
WHEREAS, the City of Tamarac owns, operates and maintains the wastewater
collection system; and
WHEREAS, the City requires treatment and disposal services for wastewater
generated within the City; and
WHEREAS, the City of Fort Lauderdale is the Lead Agency for the Central
Wastewater Region of Broward County, and provides wastewater transmission,
treatment, and disposal of wastewater generated in the area, which includes Oakland
Park, Wilton Manors, a portion of Tamarac, Port Everglades, and a portion of the Town
of Davie; and
WHEREAS, the Large User Wastewater Agreement between the City of Tamarac
and Fort Lauderdale establishes the terms, conditions, and responsibilities of each party,
0
and is specific as to the method of determining the cost of purchasing wastewater
Temp. Reso. #13731 •
January 26, 2022
Page 2 of 4
transmission, treatment, and disposal services at fees, rates, and charges constituting
the full cost of such service, which shall include Operating and Maintenance Expense,
Debt Requirements, and Capital Replacement Fund, as required by Federal Water
Pollution Control Act Amendments of 1972 Public Law 92-500 (PL 92-500), a copy of the
Large User Wastewater Agreement is attached hereto as "Exhibit 1 ", and
WHEREAS, available funds exist in the Utilities Fund for said purpose; and
WHEREAS, it is the recommendation of the Acting Director of Public Services, the
Director of Financial Services, and the Purchasing and Contracts Manager to approve the
Large User Wastewater Agreement between the City of Tamarac and the City of Fort
Lauderdale, and to authorize the appropriate City Officials to execute and administer the
Agreement, attached hereto as "Exhibit 1 "; and •
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to accept and
execute the Large User Agreement between the City of Tamarac and the City of Fort
Lauderdale for wastewater transmission, treatment, and disposal services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this resolution.
All exhibits attached hereto are incorporated herein and made a specific part of this
Resolution. 0
• Temp. Reso. #13731
January 26, 2022
Page 3 of 4
SECTION 2: The City Commission of the City of Tamarac does hereby
approve the Large User Wastewater Agreement between the City of Tamarac and the
City of Fort Lauderdale for wastewater transmission, treatment, and disposal services,
and the appropriate City Officials are hereby authorized to execute and administer said
Agreement effective through December 31, 2041, a copy of the Agreement is attached
hereto as "Exhibit 1 ".
SECTION 3: Funding for said purpose is available in the Utilities Fund, and
expenditures for said purpose not to exceed the annual budgeted amount.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
• SECTION 5: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid,
in part or application, it shall not affect the validity of the remaining portions or applications
of this Resolution.
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Temp. Reso. #13731 •
January 26, 2022
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SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day2022.
MICHELLE J. MEZ
MAYOR
ATTEST:
JEANIFIWJOHNSON, CMC
CITY CLERK
RECORD OF COMMISSION VOTE: •
MAYOR GOMEZ
DIST l: COMM. BOLTON ES
DIST 2: V/M GELIN
DIST 3: COMM VILLALOBOS X
DIST 4: COMM. PLACKO r5
I HEREBY CERTIFY that I have
approved this RESOLUTIONas
to form. \
AN-R. HERIN JR.
ITY ATTO Y
is
LARGE USER
WASTEWATER AGREEMENT
BETWEEN
CITY OF FORT LAUDERDALE
and
CITY OF TAMARAC
LARGE USER WASTEWATER AGREEMENT
,,j�iib� HIS IS A LARGE USER WASTEWATER AGREEMENT, entered into on
i�67r� ) 2 , 2022, by and between:
CITY OF FORT LAUDERDALE, a municipality of the State
of Florida, hereinafter referred to as "CITY', which term
shall include its successors and assigns,
and
CITY OF TAMARAC, a municipality of the State of Florida,
hereinafter referred to as "CUSTOMER", which term shall
include its successors and assigns, collectively "the
Parties".
WITNESSETH:
That for and in consideration of the mutual terms and conditions, promises, covenants, and
payments hereinafter set forth, CITY and CUSTOMER hereby agree as follows:
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 predicates 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 Federal Water Pollution Control Act Amendments of 1972 Public Law 92-500 (PL 92-500)
establishes the enforcement mechanism for achieving water quality standards which are applicable
to all municipal and industrial wastewater discharges. This law also sets forth the conditions under
which Federal assistance may be obtained for the construction of wastewater transmission and
treatment facilities.
1.2 The Broward County Wastewater Facilities Plan, developed in March 1978 in accordance with PL
92-500, recommends that the County be divided into three wastewater regions:
- North Region
- Central Region
- South Region
Under this plan, the CITY of Fort Lauderdale will be the lead agency in the Central Wastewater
Region. The plan proposes also that the Region include the Cities of Fort Lauderdale, Oakland
Park, Wilton Manors, a portion of Tamarac, Port Everglades, and a portion of the Town of Davie
service area for the purpose of wastewater collection and treatment. This service area is not limited
and may be expanded.
1.3 The CITY, as the lead agency, will become both a regional and a local collection and treatment
utility. The designated municipalities within the Central Region will continue to own and operate
their respective wastewater collection systems, consisting of gravity sewers, lift stations, and force
mains. Regional facilities to be owned and operated by the City of Fort Lauderdale will intercept
from point of connection, pump, transport and treat wastewater within the Central Region.
1.4 CITY owns and operates a regional wastewater transmission, treatment, and disposal facilities
serving CUSTOMER.
1.5 CITY has or will attempt to obtain sufficient wastewater treatment capacity, when requested, to
furnish wastewater transmission, treatment, and disposal requirements of CUSTOMER. Additional
capacity will be dictated by early notice and economic considerations following good planning
practices.
1.6 CITY will make every effort to have sufficient wastewater treatment capacity to furnish the projected
wastewater transmission, treatment and disposal needs of CUSTOMER during the entire term of
this Agreement.
1.7 CUSTOMER agrees to purchase wastewater transmission, treatment, and disposal services from
CITY in accordance with the terms set forth in this Agreement.
1.8 The authority for this Agreement is Chapter 63-1181 Laws of Florida, Special Acts of 1963, as
amended, and Chapter 28of the Code of Ordinances of the City of Fort Lauderdale.
ARTICLE 2
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 Section 28-26,
"Definitions", of Chapter 28 of the Code of Ordinances of the City of Fort Lauderdale, as may be
amended or revised, except as indicated.
"AVERAGE DAILY FLOW"
This term as defined in 2013 Ten States Standards is the average daily flow during the preceding
three (3) years, taken from average daily flow data. This value shall be calculated at the beginning
of each month for each large user.
"CITY TREATMENT FACILITIES"
This term shall mean those facilities owned or operated, or both, by CITY for the purpose of
wastewater treatment and disposal within the Central Wastewater Region as shown on Appendix
"B" attached hereto, including such future additions and extensions to these facilities as may be
made from time to time.
"CITY TRANSMISSION FACILITIES"
This term shall mean those facilities owned or operated by CITY within the Central Wastewater
Region as shown on Appendix "B" attached hereto, including present and future master pumping
stations and force mains, that are now or will be used for the purpose of transmitting wastewater to
CITY Treatment Facilities.
"CUSTOMER'S SYSTEM"
This term shall mean the wastewater system defined by this Agreement including gravity sewers,
manholes, laterals, lift stations, pumping stations, forcemains, and appurtenances thereto upstream
f the POINT OF CONNECTION to the CITY system.
"POINT OF CONNECTION"
This term shall mean the point where the CUSTOMER'S system connects to the CITY system for
the purpose of delivering wastewater into the CITY system from the CUSTOMER'S system; said
POINT OF CONNECTION is further defined, described, and set forth in Article 3.1 thereof.
"CUSTOMER", "CONSUMER", OR "LARGE USER"
Any municipality including the CITY, special district, or other governmental entity including the CITY
which operates wastewater collection and transmission facilities which connect into the CITY
wastewater transmission, treatment, and disposal facilities. Specifically, those municipalities
include the City of Oakland Park, the City of Wilton Manors, the City of Tamarac, the Town of Davie,
and Port Everglades pursuant to Section 28-29 of the CITY's Code, as may be amended or revised.
This term applies to this Agreement only. A legal description of the CUSTOMER'S service area is
contained in Appendix "C". attached hereto.
"DOMESTIC WASTEWATER"
This term shall mean wastewater derived principally as a result of personal hygiene and sanitary
use from dwellings, business buildings, institutions, and the like.
"INDUSTRIAL WASTES
This term shall mean any liquid, solid, or gaseous substance or form of energy, or combination
thereof, resulting from any process of industrial, commercial, business, trade, or search, including
the development, recovery, or processing of natural resources, or from sources identified in the
Standard Industrial Classification Manual of the U.S. Office in Management and Budget, as
amended.
"INFLOW/INFILTRATION (1/1
This term shall mean any additional wastewater volume (in gallons) in exceedance of the potable
water volume (in gallons) purchased by the CUSTOMER during any month.
Inflow - Water other than sanitary flow that enters a sewer system from sources which include, but
are not limited to, roof leaders, cellar drains, yard drains, area drains, drains from wet areas, cross
connections between storm sewers and sanitary sewers, catch basins, cooling towers, stormwater,
surface runoff (including leaking manhole covers), street wash -water, or drainage. Inflow does not
include and is distinguished from infiltration.
Infiltration - Groundwater that infiltrates a sewer system through defective pipes, pipe joints,
connections, or manholes. Infiltration does not include and is distinguished from inflow.
"PEAK HOUR FLOW"
This term is the largest volume of flow occurring within 1-hour period in the record examined as per
the 2013 Ten States Standards.
WASTEWATER LARGE USERS REGIONAL ADVISORY BOARD
This term shall mean the Board that is established and composed of representatives of large users
receiving wastewater transmission, treatment, and disposal services from CITY, and whose
function it is to serve in an advisory capacity to the CITY Commission regarding rates, modification
to the facilities, and to perform other duties and functions as provided in Section 28-29 of the CITY
Code, as may be amended, or revised.
The Board shall be composed of at least one (1) representative from each large user as defined
herein, with a projected average wastewater flow of one (1) to five (5) Million Gallons per Day
(MGD), with one (1) representative for each five (5) MGD increment in excess of five (5) MGD.
The CITY'S Assistant Public Works Director — Utilities or Designee, shall be chairman of the Board.
Other large users with less than one (1) MGD may attend meetings, but do not have voting rights.
"MASTER PUMP STATION"
A pump station used in repumping wastewater within the regional system not to include pump
stations upstream of wastewater flow metering devices located between the regional system and
the customer's system, or pumping stations used by the CITY for pumping CITY wastewater
generated exclusively within the CITY.
ARTICLE 3
PROVISIONS PERTAINING TO CONNECTION
TO THE CITY WASTEWATER TREATMENT SYSTEM
3.1 POINT OF CONNECTION
Both Parties agree that the POINT OF CONNECTION and meter location shall be as determined
by CITY after consultation with CUSTOMER.
3.2 TRANSFER OF LAND AT POINT OF CONNECTION
CITY may locate the POINT OF CONNECTION and meter location and necessary transmission
facilities on property now being used by CUSTOMER for wastewater transmission or treatment
facilities. CUSTOMER will convey at no cost to CITY either the fee simple title or appropriate
easement to the property needed by CITY for the POINT OF CONNECTION, meter, location, pump
stations, transmission facilities, and such interest in property as is necessary to provide ingress or
egress to CITY to said POINT OF CONNECTION, meter location, pump stations and transmission
facilities. Such property shall be of sufficient magnitude to allow for future projected expansion,
shall be free and clear of any encumbrances, and sufficient to allow access of maintenance
vehicles.
3.3. MAINTENANCE OF CUSTOMER'S FACILITIES
CUSTOMER agrees to construct where necessary, and to operate and properly maintain at its own
cost and expense, all sanitary gravity sewers, lift stations, pumping stations, force mains, and other
required appurtenances related and directly attributable to the wastewater collection system
upstream of the POINT OF CONNECTION that are necessary to properly and continuously collect
and convey sanitary wastewater to the POINT OF CONNECTION to the CITY system at such
elevation pressure and flow rates as described in Article 3.5 herein. As part of the regional system,
CUSTOMER will timely submit to the CITY its pipe assessment, repair and replacement action
plans with a five (5) year planning horizon that complies with Sec. 403.086(7), Fla. Stat., as may be
amended or revised.
3.4 CUSTOMER'S FUTURE FLOW PROJECTIONS
CUSTOMER agrees that it has reviewed its present needs for wastewater transmission and
wastewater treatment services and has projected its future needs as shown below to the best of its
knowledge and ability.
Fiscal Year
Monthly AADF*
W/W Allocation
(mgd)
Max Monthly
W/W Allocation
(mgd)
FY21-22
0.222
0.255
FY22-23
0.226
0.260
FY23-24
0.229
0.263
FY24-25
0.232
0.267
FY25-26
0.236
0.271
FY26-27
0.238
0.274
FY27-28
0.240
0.276
FY28-29
0.242
0.276
FY29-30
0.244
0.281
FY30-31
0.247
0.284
FY31-32
0.247
0.284
FY32-33
0.248
0.285
FY33-34
0.248
0.285
FY34-35
0.249
0.286
FY35-36
0.250
0.288
FY36-37
0.250
0.288
FY37-38
0.250
0.288
FY38-39
0.250
0.288
FY39-40
0.250
0.288
Fiscal Year
Monthly AADF*
W/W Allocation
(mgd)
Max Monthly
W/W Allocation
(mgd)
FY40-41
0.250
0.288
FY41-42
0.250
0.288
FY42-43
0.250
0.288
FY43-44
0.250
0.288
FY44-45
0.250
0.288
FY45-46
0.250
0.288
FY46-47
0.250
0.288
FY47-48
0.250
0.288
FY48-49
0.250
0.288
FY49-50
0.250
0.288
FY50-51
0.250
0.288
* AADF-Annual Average Daily Flow
** Table used for reference and planning purposes as related to capacity
increases at City Treatment Facilities
These projections shall serve as a reasonable estimate of the future needs of CUSTOMER
for the purpose of planning expansion, construction, modification, or alteration of said
CITY facilities and shall be so used by CITY in determining plant capacity requirements
attributable to CUSTOMER in CITY transmission, treatment, and disposal facilities.
CITY'S obligation to furnish service to CUSTOMER under this Agreement shall be limited
to the above -stated quantities, or to modification or changes therein as provided for in
Article 6 of this Agreement. CITY recognizes and assumes the obligations of the
CUSTOMER to serve new connections with the understanding that flows projected in this
Agreement are not to be exceeded. CITY 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 flowing wastewater
into CITY'S transmission and treatment facilities which exceeds the capacity or pressure
rating indicated, and CUSTOMER shall have the right to enforce by suit or other
proceedings, at law, or in equity, the obligation of the CITY to accept, treat, and dispose
of CUSTOMER'S wastewater flow as set forth in Article 3.4 of this Agreement.
3.5 PRESSURES AT POINT OF CONNECTION
CUSTOMER agrees that, under all operating conditions as outlined by CITY, except as
provided in Article 7.5 of this Agreement, the elevation of a gravity system or pressure in
a force main at the POINT OF CONNECTION shall be sufficient to deliver all wastewater
without backing up the CUSTOMER'S gravity lines or reversing flow in CUSTOMER'S
force main system, based on present, as well as projected future flows for that portion of
the regional transmission system.
The CITY reserved the right to install flow monitoring device capabilities at any pumping
station with a direct connection to the regional facilities. CUSTOMER agrees that no
change in pumping characteristics shall be made without prior approval from the
UTILITIES DIRECTOR.
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3.6 PEAK HOUR FLOW AND AVERAGE DAILY FLOW SURCHARGE
CUSTOMER agrees that, using acceptable methods, adequate provisions will be included
in the delivery facilities to reduce 1/1. The peak hour flow and average daily flow shall be
controlled such that it is transported to CITY'S transmission and treatment facilities by 24-
hour-per-day continuous pumping.
In the event CUSTOMER has not provided continuous flow during the entire period of the
preceding twelve (12) months, the term "average daily flow" shall mean that flow projected
for treatment for the appropriate year, as indicated in Article 3.4. In the event the flow to
the CITY Treatment Facility is not controlled as stipulated hereinabove, then CITY may
impose a compensatory charge of a percentage of the monthly billing to CUSTOMER,
unless a supplemental written agreement entered by both Parties provides otherwise.
Such supplemental written agreement may involve adjustment of rates because of
reallocation of design, construction, financing, operation and maintenance costs. The
compensatory charge shall be computed as follows:
In the event CUSTOMER causes a peak hour flow of 150% of the average daily flow as
defined in Article 2.1, CUSTOMER shall be charged an additional monthly 25% surcharge
as discussed in Article 5.
In the event CUSTOMER causes an average daily flow as defined in Article 2.1 of 125%
of average daily flow of potable water purchased in any calendar month, CUSTOMER
shall be charged an additional monthly 25% surcharge as discussed in Article 5.
These surcharges are not mutually exclusive and can both apply in any month's invoice
for wastewater services. An Example of Calculation of Surcharges is attached as
Appendix "D".
CUSTOMER also agrees to notify CITY'S Public Works Department — Utilities Division or
similar title immediately upon discovering the major failure of a pumping station, breakage
of a forcemain or gravity sewer, which could cause heavy infiltration and introduction of
sand into the system, and to begin immediate repair of same.
3.7 CITY TO INSTALLMETERS
In the event the capacity of CUSTOMER's metering device becomes inadequate for the
amount of flow delivered, CITY, at its expense, shall replace the meter or install such
additional metering device or devices as may be necessary, to be located at a site or sites
as determined by CITY after consultation with CUSTOMER. The CITY shall retain
ownership of the metering device, together with the housing, accessories, and
appurtenances thereto.
3.8 CITY TO MAINTAIN METER
CITY agrees to have an annual inspection and report prepared at its expense 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 within thirty (30) days of its acceptance CUSTOMER
shall have the right to make its own meter inspection, or to have an independent company
check the metering equipment at any time provided; however, no such inspection shall be
made unless CUSTOMER shall first give CITY written notice of its intent to have the
inspection made, nor shall any such inspection be made prior to twenty-four (24) hours,
excluding Saturdays, Sundays, and holidays, subsequent to the receipt of said notice by
CITY. All cost and expense of CUSTOMER'S interim inspection shall be borne by
CUSTOMER, unless the meter is found to be inaccurate beyond the manufacturer's
guaranteed range of accuracy, in which case the cost and expense of such interim
metering device shall be borne by CITY. Normal maintenance of the metering device shall
be performed by CITY as an expense of wastewater treatment and effluent disposal.
3.9 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
the last meter check or for a period of three months, whichever 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. The computation shall be based on the average flow for the
previous twelve months of service prior to the last meter check.
3.10 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 into CITY'S wastewater
transmission, treatment, and disposal facilities, CUSTOMER will pay to CITY a monthly
amount equal to the average flow based upon the previous twelve months of service prior
to the date the meter became inoperative.
3.11 CHARGES TO CITY
CUSTOMER costs to the CITY shall be calculated for all flow delivered to the regional
wastewater treatment plant less the total measured flow delivered at each point of
connection from CUSTOMERS' systems.
ARTICLE 4
PROVISIONS RELATING TO
DISCHARGE AND SAMPLING
4.1 TYPES OF WASTES AND SUBSTANCES WHICH ARE PROHIBITED TO BE
DISCHARGED
The rules and regulations contained in City of Fort Lauderdale Code of Ordinances,
Chapter 28, Article V, as may be amended or revised, establish the types of wastes and
substances which are prohibited to be discharged into CITY'S sewerage system. Except
as hereinafter provided, CUSTOMER agrees to comply with these aforementioned rules
and regulations.
4.2 CUSTOMER agrees to include in the design of its wastewater delivery system a safe,
mutually agreeable sampling station so that CITY can obtain, grab, and composite
samples of the wastewater as a means of monitoring the characteristics of the wastewater
received from CUSTOMER, and to provide for such right-of-way or easements as may be
necessary to assure CITY access to the sampling station.
The CITY shall have the right at any time to collect samples of sewage and industrial
wastes at various locations to be determined by the CITY within CUSTOMER'S facilities
for the purpose of making laboratory analysis of these wastes Twenty-four (24) hours'
notice will be given of industrial sampling to be conducted by CITY when possible. The
costs of collecting and of testing such samples shall be considered a CITY facility
operating expense.
4.3 CUSTOMER shall supply CITY, not later than September 301h of each year, with a list of
the producers of industrial wastes, if any, as of August 31 st of each year and supply CITY
with an update of any additional producers of industrial wastes as they
occur. CUSTOMER shall require that any producer of industrial wastes, as defined in the
Florida Administrative Code or Chapter 40 of the Code of Federal Regulations (40 CFR),
or any revisions thereto, or those designated by the CITY, submit annually to CITY. A
complete laboratory analysis of both the raw and pre-treated wastes, at no cost to the
CITY. CUSTOMER shall require that each producer of industrial wastes give CITY at
least ninety (90) days written notice, —and adhere to the CITY Ordinances, Chapter 28 —
Water, Wastewater and Stormwater, Article V. Sewer Use Regulations, Division 5 —
Reporting Requirements, as may be amended or revised.
4.4 CUSTOMER agrees to adopt, enact and enforce such rules, regulations and/or ordinance
as may be required to insure that users of CUSTOMER'S system do not discharge or
cause to be discharged waters or wastes which would not meet conditions for individuals
as defined by the CITY'S Code of Ordinances, or would cause CUSTOMER'S wastewater
to be unacceptable under the provisions of this Article, and to furnish to CITY certified
copies thereof, within ninety (90) days from date hereof.
4.5 CUSTOMER shall be responsible for implementation in its system of any Federal, State,
or local regulations imposed upon CITY either now or in the future.
4.6 CUSTOMER agrees that this Agreement in its entirety is subject to all applicable
provisions of Chapter 28, as may be amended or revised, CITY Code of Ordinances, which
shall be deemed supplemental to the terms of this Agreement.
ARTICLE 5
PROVISIONS PERTAINING TO CHARGES
5.1 BASIS OF CHARGES
Both Parties agree that CITY shall provide wastewater transmission, treatment, and
disposal service to CUSTOMER at fees, rates, and charges constituting the full cost of
such service, which shall include Operating and Maintenance Expense, Debt
Requirements, and Capital Replacement Fund (as required by PL 92-500). reduced by
total interest earning of the Central Wastewater Region. CITY shall set the same fees,
rates, and charges for all Large Users, including itself as defined in Article 2.6 that are
within the same Region. Such fees, rates, and charges shall be adopted or amended by
the CITY, and it shall consider recommendations of the individual CUSTOMERS and
recommendations of the Regional Advisory Board. The CITY shall hold public hearings
on amendments to the rates and charges in the manner provided by law, and after at least
thirty (30) days written notice to the CUSTOMER of such public hearing.
The CUSTOMER shall pay a monthly charge to CITY for wastewater transmission,
treatment, and disposal services provided by the CITY. Such charges shall include the
following:
-10-
5.1.1 Operating and Maintenance charges, plus taxes assessed, if any, applicable to the
regional treatment plant, regional pumping stations, regional forcemains, and
disposal works and facilities and appurtenances thereto. The portion of the
monthly charge shall be based on the actual flow used by the CUSTOMER during
the billing period.
Such monthly charge shall be computed as a charge per 1,000 gallons passing
through the meter or meters serving CUSTOMER. The rate for such per 1,000
gallons charge shall be computed by dividing the budgeted annual total regional
operating and maintenance expenses, in thousands of dollars, as defined below
for CITY'S ensuing fiscal year ending September 30, by the number of thousands
of gallons of wastewater which is estimated to be treated and disposed of through
CITY'S Regional System for that year.
The operating and maintenance expense portion of such cost shall include, but not
limited to, labor, material, equipment, fuel, utilities, chemicals, transportation,
travel, and administrative expenses, billing expenses, supplies, rent, insurance,
employee benefits, liability and workmen's compensation, outside services, and
any other costs of operation and maintenance of the CITY'S regional transmission,
treatment, and disposal facilities.
Indirect costs for the services of various CITY departments shall be charged to the
regional facilities in accordance with the CITY's Cost Allocation Plan. Charges to
the regional facilities for the services provided by the services of the Public Works
Department shall be made by direct cost allocation as such services are rendered.
5.1.2 Charges for the principal, interest, and amounts necessary to meet the
requirements of bond obligations and covenants on the CITY'S regional treatment
plant, transmission, and disposal facilities and appurtenances thereto, including
any bonds or other obligations thereon, heretofore or hereafter issued by the CITY
for the benefit of the CITY'S regional transmission, treatment, and disposal
facilities, shall be computed as a charge per 1,000 gallons passing through the
meter or meters serving CUSTOMER. The rate for such per 1,000 gallons charge
shall be computed by dividing the total Central Wastewater Region debt service,
in thousands of dollars, by the number of thousands of gallons of wastewater which
is estimated to be treated and disposed of through CITY'S Regional System for
that year.
5.1.3 A charge representing the CUSTOMER'S equitable share of replacement costs
during the Regional System's 20-year planning period, as required by PL 92-500
and the federal regulations applicable thereto, shall be computed as a charge per
1,000 gallons passing through the meter or meters serving CUSTOMER. The rate
for such 1,000 gallons charge shall be calculated annually using the following
formula and dividing the result by the number of thousands of gallons and
wastewater which is estimated to be treated and disposed of through the regional
system for that year.
Expected Replacement Costs - Replacement
for Remainer of 20-year Period Account Balance
Number of Years Remaining In 20-Year Period
-11-
The term "replacement costs" shall be defined as in PL 92-500 as "Expenditures
for obtaining and installing equipment, accessories, or appurtenances during the
useful life of the treatment works necessary to maintain the capacity and
performance for which such works are designed and constructed. Such
replacement expenditures shall be funded from the Replacement account during
the Regional System's 20-year planning period will be transferred to the Region's
Replacement and Improvement Reserve account, as defined by the CITY'S bond
covenants.
Any subsequent revision of PL 92-500 or the federal regulations for replacement
charges shall automatically supersede this subsection.
5.1.4 A credit for interest earnings of the Central Wastewater Region, shall be computed
as a credit per 1,000 gallons passing through the meter or meters serving
CUSTOMER. The rate for such per 1,000 gallons credit shall be computed by
dividing the budgeted annual total regional interest earnings, in thousands of
dollars, for CITY'S ensuing fiscal year, ending September 30, by the number of
thousands of gallons of wastewater which is estimated to be treated and disposed
of through CITY'S Regional System for that year.
5.1.5 An annual adjustment will be computed after the close of the fiscal year and the
issuance of the CITY'S Annual Financial Report which will be based upon the
actual rate for the year. The actual rate will be computed by dividing the actual
operating and maintenance costs, bond debt service covenant requirements and
replacement costs less interest earnings of the regional system by the actual
number of thousands of gallons of wastewater treated and disposed of through the
system for that fiscal year.
CUSTOMER'S actual charge for the fiscal year will be computed by multiplying the
actual rate times the number of thousands of gallons of wastewater delivered by
CUSTOMER and increasing the amount by any additional charges as described
in sections 3.6, 5.2, and 5.4. Should CUSTOMER'S actual charge exceed the
amounts previously paid, a special bill will be presented to CUSTOMER showing
the additional charge due. Should CUSTOMER'S actual charge be less than the
amounts previously paid, the difference will be refunded to CUSTOMER.
5.1.6 The illustrations/formula in Appendix A are designed to demonstrate and clarify the
items discussed in this section and should be reviewed concurrently.
5.2 REVIEWS
CITY agrees that reviews of the cost of providing wastewater treatment, transmission, and
disposal services shall be made annually, based on the CITY'S fiscal year. The fees,
rates, and charges which will be effective during the next succeeding fiscal year to the
CUSTOMER and other customers of the same class, will be developed by the CITY
following such annual review. In developing such fees, rates, and other charges for the
next succeeding fiscal year, the costs, as defined herein, 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 other charges for the next succeeding fiscal year.
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5.3 PAYMENT AND PENALTIES FOR NON-PAYMENT
Both Parties agree that CITY shall bill CUSTOMER for wastewater transmission,
treatment, and disposal services monthly, in accordance with CITY'S standard billing
procedures. CUSTOMER shall pay such billings as prescribed by the Florida Local
Government Prompt Payment Act, contained in Fla. Stat. Chapter 218, as may be
amended, or revised. Should CUSTOMER not pay in accordance therewith, it will be
assessed penalties as prescribed within the Act, as may be amended or revised. Should
a billing or a portion of a billing be outstanding for a period of more than forty-five (45)
days from the date of the original billing, then the CUSTOMER shall be considered in
default and the CITY, in addition to all other rights and remedies, shall have the right and
power, by suit, action, mandamus, or such other proceedings at law or in equity, to protect,
enforce, and compel performance by the CUSTOMER and any of the officers, agents or
employees of said CUSTOMER to perform and carry out its duties and obligations under
this Agreement or applicable law.
5.4 ANNUAL REPORT
CITY agrees to engage a reputable firm of independent Certified Public Accountants to
perform an annual audit of its financial statements as required by Florida statutes, and to
issue an Audit Report expressing an opinion thereon. CITY agrees to further engage the
Certified Public Accountants to issue a separate Contractual Compliance Report regarding
the CITY'S compliance with the terms of this Agreement. The cost of the Contractual
Compliance Report will be a cost of regional system. CITY will furnish to CUSTOMER a
copy of the CITY'S audited annual financial statement accompanied by the auditor's
Contractual Compliance Report within thirty (30) days of receipt and acceptance by the
CITY.
5.4.1 ACCESS TO RECORDS
CITY agrees to maintain separate accounting records for the central regional wastewater
system. Assets and liabilities of the regional system will be segregated in a separate
accounting entity apart from the CITY'S other assets and liabilities. Costs and revenues
associated with regional wastewater transmission, treatment, and disposal will also be
recorded with this accounting entity apart from other CITY costs and revenues.
Upon reasonable notice given by CUSTOMER, CITY will make available to CUSTOMER,
at CITY'S offices, its books, and records regarding operations of the regional wastewater
transmission, treatment, and disposal facilities. CUSTOMER agrees that, upon
reasonable notice given by CITY, it will in like manner, make available to CITY, at
CUSTOMER'S office, its books, and records regarding the operation of wastewater
transmission including, but not limited to, accounting and auditing records.
5.5 CITY TO HAVE JURISDICTION
Both Parties agree that CITY has sole and exclusive authority and jurisdiction as to
administration, operation, and maintenance of CITY system, establishing the annual
budget, establishing and amending service fees, rates and other charges as provided in
the CITY'S ordinances for efficient operation and maintenance of the facilities, and all
other matters and things pertaining to the wastewater transmission, treatment, and
disposal facilities. However, CITY agrees to consider the recommendations from the
individual CUSTOMERS and the Regional Advisory Board before making decisions in
areas in which the individual CUSTOMERS and the Advisory Board have an interest.
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ARTICLE 6
PROVISIONS PERTAINING TO ADDITIONAL OBLIGATIONS
OF BOTH PARTIES UNDER THIS AGREEMENT
6.1 CITY TO EXPAND SYSTEM AND APPLY FOR GRANTS
CITY agrees to attempt to provide whatever extensions and expansion to the regional
transmission, treatment, and disposal facilities as may be necessary to provide for
CUSTOMER'S future scheduled flow, as set forth herein Article 3.4. Toward this objective,
CUSTOMER will make application, as it may be aware, for any available financial
assistance from Federal, State, and local programs under which said facilities and the
project may be eligible. Further, CITY agrees to apply applicable portions of any such
assistance which may be received to offset capital costs of the CITY system.
6.2 CUSTOMER TO DELIVER ALL WASTEWATER
CUSTOMER agrees, during the term of this Agreement, to deliver all existing and future
wastewater flows collected by it within the service area defined by this Agreement, to
CITY facilities, which flows shall not exceed amounts set forth herein in Article 3.4, as
existing or as hereafter amended, for the length of this Agreement, and CITY agrees to
accept and treat such wastewater flow not exceeding amounts set forth herein in Article
3.4, as existing or as hereafter amended, for the length of this Agreement.
6.3 CHANGE IN SCHEDULED FLOWS
Both Parties agree that the schedule of flows shown in Article 3.4 herein shall be the basic
schedule; however, same may be altered from time to time for the following reasons:
6.3.1 CHANGES NECESSARY BECAUSE OF DEVELO
CUSTOMER shall have the right to revise the projections attributable to
CUSTOMER upward or downward, provided CITY has not yet engaged a firm to
prepare plans for additions or modifications to CITY facilities, the need for such
plans being based in part upon projections made by CUSTOMER. CUSTOMER
shall be given notice by certified mail at least ninety (90) days prior to the date of
engaging a firm to prepare said plans for additions or modifications, which notice
shall advise CUSTOMER that action is being contemplated by CITY and
requesting that any modifications which CUSTOMER may wish to make in its flow
projection schedule in Article 3.4 be submitted to CITY before said date.
CUSTOMER agrees to furnish to CITY and to the Wastewater Large Users
Advisory Board no later than the first day of June of each year, on the year after
consummating this Agreement, a five (5) year projection indicating its yearly
projections of its wastewater treatment needs. Said projections are necessary for
planning purposes. CITY agrees that it will review the basis of flow projections, as
well as per capita flow projections, and if the CITY agrees, it will use the projections
as a tool in determining if and when extensions and modifications to the facilities
are required and economically feasible. In the event disagreement exists on flow
projections (either gross, net, or per capita), CITY shall not require more stringent
criteria or commitments to be utilized by larger users than extended to the CITY
proper. In determining whether and when to expand or modify its facilities, CITY
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will consider recommendations of the individual CUSTOMERS and of the
Wastewater Large Users Advisory Board.
6.3.2 CHANGES BY OUTSIDE AGENCIES
The CITY recognizes that standards for wastewater disposal service may be
subject to future modifications as a result of future federal, state, county and/or
local laws and regulations. Accordingly, the CITY and CUSTOMER agrees that
they will abide by and be bound by all present and future local, state, and federal
laws, standards, rules, regulations, permit conditions and other requirements
related to wastewater disposal service. Further, the CITY may revise the schedule,
if any Federal, State, or local agency promulgates regulations that require a
change in scheduling or reduction in per capita usage of flows. If there is a
determination by either Party that regulations requiring a change in scheduling
flows are unreasonable, Party reserves the right to challenge said regulations in
court.
6.3.3 CHANGES BEYOND CITY'S CONTROL
CITY 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 CITY. The reasons for delay may be, but are not limited to the following:
6.3.3.1 Contractor delays beyond completion date.
6.3.3.2 Lack of acceptance or approval by regulatory agencies.
6.4 CUSTOMER TO CHARGE ADEQUATE RATES
CUSTOMER agrees to establish and maintain service charges or other means of
obtaining funds within its area of jurisdiction sufficient to provide monthly payments to
CITY for wastewater transmission and treatment services, and that such means will be
revised as may be required from time to time to provide sufficient funds to pay any sums
due CITY under the terms of this Agreement.
6.5 GRANT INFORMATION
Customer and CITY agree to provide each other with all necessary information pertinent
to CUSTOMER'S or CITY'S system and service area which any Federal, State, or local
agencies shall require in an application for financial assistance in the construction of
CITY'S transmission, treatment, and disposal facilities, or CUSTOMER'S collection and
transmission facilities. Further, CUSTOMER and CITY agree to adopt such regulations,
execute such Agreements, and do such work as said Federal, State, or local agencies
may require as part of CITY'S or CUSTOMER'S application for said grant funds.
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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 assigning all of
CUSTOMER'S existing and future wastewater flow, within the service area described
herein, to CITY'S system, and therefore each agrees with the other that this Agreement
will not be cancelled on any condition except by 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 CUSTOMER
CITY shall serve CUSTOMER with written notice, via certified mail return registered
receipt (RECEIPT) stating the nature of any violation, excluding 5.1.1 of the terms of this
Agreement. Within 30 days of RECEIPT, CITY AND CUSTOMER will develop a
COMPLIANCE SCHEDULE describing the actions and schedule to correct the
violation(s). If CITY and CUSTOMER fail to develop a COMPLIANCE SCHEDULE, the
violation shall be corrected within 90 days of RECEIPT.
7.3 INDEMNIFICATION AND HOLD HARMLESS
In consideration of good and valuable consideration received from the other respective
Party, and in consideration of the covenants contained in this Agreement, CUSTOMER
and CITY, to the extent permitted by law, agree to indemnify and save harmless forever,
the other respective Party, its officers, agents and employees from any and all claims,
liabilities, actions, losses, costs and expenses, including attorney's fees, which may be
sustained by the other respective Party, its officers, employees and agents in connection
with the performance of this Agreement. CUSTOMER AND CITY agree to defend against
any claims brought or actions filed against the other respective Party, its officers, agents,
and employees in connection with the subject of the indemnities contained herein.
Notwithstanding the foregoing, nothing herein shall create any liability of the CUSTOMER
or the CITY beyond the scope of Sect. 768.28, Fla. Stat., as may be amended or revised.
CUSTOMER and CITY agree that, if either is guilty of violating any of the provisions of this
Agreement, the guilty party shall become liable to the other party of any expense, loss, or
damage occasioned by reason of such violation, provided, however, any payment by CITY
to CUSTOMER or CUSTOMER to CITY for a violation of any provision of this Agreement
shall be from such source other than revenues pledged to bond holders, as may be legally
available to CITY or CUSTOMER respectively.
CUSTOMER agrees to hold and save harmless CITY from costs and expenses incurred
by CUSTOMER or CITY in any litigation to which CUSTOMER or CITY may become a
party, as either plaintiff or defendant, resulting from the effects of the improper introduction
of materials by CUSTOMER or any users of CUSTOMER'S collection system into the
CITY facilities, or any portion thereof, which may cause damage within or without the CITY
system.
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7.4 DISPUTE OVER VIOLATION
CUSTOMER agrees that, in the event of any continuing violation by CUSTOMER of the
provisions herein contained, which shall continue beyond the date stated in the notice
described above and that relates to the payment of money, the CITY shall submit to
CUSTOMER an initial, dated proposed billing invoice, and if the Parties do not settle and
agree that a violation exists, or if the Parties do not agree upon the amount invoiced if a
violation does exist, within thirty (30) days from the billing date, then the CUSTOMER shall
automatically deliver to CITY the amount billed. However, the amount of the bill that is in
dispute shall be deposited in an interest -bearing bank account in a banking institution
agreeable to both Parties during such continuing claimed violation, with adjustment of the
billing invoice amount, or actual cost, expense, or damage to be left to subsequent
agreement or court adjudication.
7.5 FORCE MAJEURE
Any cessation of wastewater disposal or other service interruptions resulting from and any
consequences caused by an Act of God, fire, labor strikes, casualty or other force majeure
or inevitable accident or occurrence or cause beyond the reasonable control of the CITY
shall not constitute a breach of this Agreement on the part of the CITY and the CITY shall
not be liable to the CUSTOMER or its inhabitants, residents or customers for any damage
resulting from such cessation or interruption of wastewater services.
Force Majeure shall mean an act of God, which includes but is not limited to: sudden,
unexpected or extraordinary forces of nature, such as floods, washouts, storms,
hurricanes, fires, earthquakes, landslides, epidemics, pandemics, explosions, or other
forces of nature. Inevitable accident or occurrence shall mean those which are
unpreventable by the CITY and shall include, but are not limited to: strikes, lockouts, other
industrial disturbances, wars, blockades, acts of terrorism, insurrections, riots, federal,
state, county and local government restrictions, regulations and restraints, military action,
civil disturbances, explosions, and conditions in federal, state, county and local permits.
7.6 JURISDICTION OF OTHER AGENICES
Both Parties agree that certain Federal, State, and local agencies have some jurisdiction
and control over pollution matters and, should such an agency issue legally enforceable
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 CITY shall not be precluded
from making a necessary adjustment to the sewage transmission and treatment rate. It is
further agreed that if 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 orjudicial
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.
ARTICLE 8
PROVISIONS PERTAINING TO THE
ADMINISTRATION OF THIS AGREEMENT
8.1 DATE OF BEGINNING
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WN
IN
Both Parties agree to be bound of this Agreement as of the date of its execution. Should
CUSTOMER, through no fault of CITY, not avail itself of the CITY facilities when such
facilities are available or within the applicable time period, it will pay the applicable standby
charges, as defined and described in Article 8.1.2. below:
8.1.1 DATE OF CUSTOMER CONNECTING TO CITY FACILITIES
CITY will keep CUSTOMER informed as to the construction schedules of those
facilities necessary to serve CUSTOMER. The CITY shall give CUSTOMER notice
of the completion date as certified by its Engineer of the construction of all CITY
facilities necessary to serve CUSTOMER, and CUSTOMER shall be prepared to
deliver all of its wastewater to the point of connection on this completion date or
within three (3) months of the date of this notice, whichever date is later. If
construction is completed at the time of execution of this Agreement, CITY shall
give written notice thereof to CUSTOMER who shall connect to the system within
three (3) months of receipt of written notice. In the event CUSTOMER does not
deliver all of its wastewater, it shall pay standby charges which shall commence
three (3) months from the date of the notice.
8.1.2 BASIS OF STANDBY CHARGES
Should CUSTOMER fail to deliver all of its wastewater on the date above agreed
upon, the CITY will bill, and CUSTOMER will pay the monthly charges set forth in
Article 5 hereof, based upon one hundred (100%) of the gallonage collected by
CUSTOMER within its jurisdiction.
8.1.3 CUSTOMER WITH NO FLOW
In the event CUSTOMER has no flow to deliver to the CITY on the date above
agreed upon, CUSTOMER shall pay only such amounts, based on its projected
flow on the date above agreed upon, as are attributable to principal, interest,
capital replacement and coverage of bonded indebtedness.
TERMINATION AND EXTENSION OF AGREEMENT
Both Parties agree that this Agreement shall begin and bind the Parties as set forth in
Section 8.1 hereof and shall terminate upon December 31, 2041, at 12:00 o'clock midnight
of said date. However, CITY may extend this Agreement for a period not exceeding twenty
(20) years from the said termination date in the event, and only in such event, that the
issuance of any bonds or other obligations is required in order to obtain funds necessary
for expansions or improvements to the CITY system.
INVALIDITY OF SECTION, CLAUSE, SENTENCE OR PROVISION
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.
IN
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.
However, this Agreement may not be assigned by either Party without the other Party's
prior written consent.
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 executed copies of
the official records of its governing body which authorize the execution of this Agreement.
8.6 NOTICE
Any notice required to be given hereunder shall be considered to have been properly given
if the same has been sent in writing by certified mail, to the following:
CITY: City Manager
City of Fort Lauderdale
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
With a copy to: City Attorney
City of Fort Lauderdale
100 N. Andrews Avenue
Fort Lauderdale, FL 33301
CUSTOMER: CITY OF TAMARAC
10101 State Street
Tamarac, FL 33321
8.7 ALL PRIOR AGREEMENTS SUPERSEDED
This Agreement supersedes all prior negotiations, correspondence, conversations,
agreements, or understandings applicable to the matters contained herein, and the Parties
agree that there are no commitments, agreements, or understandings 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.
PUBLIC RECORDS
IF THE CUSTOMER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CUSTOMER'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
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OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100 NORTH ANDREWS AVENUE,
FORT LAUDERDALE, FLORIDA, 33301, PHONE: 954-828-5002, EMAIL:
PRRCONTRACT@FORTLAU DERDALE.GOV.
CUSTOMER shall:
1. Keep and maintain public records required by the CITY in order to perform the service.
2. Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes (2021), as may be amended or revised, or as otherwise provided by
law.
3. Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of this Agreement if the
CUSTOMER does not transfer the records to the CITY.
4. Upon completion of the Agreement, transfer, at no cost, to the CITY all public records
in possession of the CUSTOMER or keep and maintain public records required by the
CITY to perform the service. If the CUSTOMER transfers all public records to the CITY
upon completion of this Agreement, the CUSTOMER shall destroy any duplicate public
records that are exempt or confidential and exempt from public records disclosure
requirements. If the CUSTOMER keeps and maintains public records upon completion
of this Agreement, the CUSTOMER shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the CITY, upon
request from the CITY's custodian of public records, in a format that is compatible with
the information technology systems of the CITY.
8.8 EXECUTION
This Agreement shall be executed in two (2) copies, each of which shall be deemed an
original. CUSTOMER shall provide CITY 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 an exhibit and made a part
thereof.
IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on
the respective dates under each signature:
CITY OF FORT LAUDERDALE, a municipal
corporation
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B By:
DEA . iTRANTALIS CHRISTOUERQ1. LAGERBLOOM, ICMA-
Mayor CM, City Manager
ATTEST:
By:
DAVID R. SOLOMAN
City Clerk
Approved as to Legal Form:
Alain E. Boileau, City Attorney
j.
By:
�RHONDAfAOP4T6YA HASAN
Assistant City Attorney
-21-
Attest:
City C rk
Witnesses:
► l l,,,,
`0F TAM.I"
ESTABL�SHE�..: o
W : 1963
':.P SEAL '
-22-
CITY OF TAMARAC
By:
M yor
Manager
Appendix A
USER CHARGE CALCULATION
Public Law 92-500 (Section 204 (b)(1)(A) ) requires that a system of user charges be adopted
to assure that each recipient of wastewater treatment services will pay its proportionate share
of the costs of operation and maintenance (including replacement) of any waste treatment
services provided by the Regional System. Accordingly, user rates will be developed annually
as part of the budget process using the following formula:
A+B+C -D
R = N
Where R = the rate per 1,000 gallons passing through the meter or meters of the large user,
A = operation and maintenance costs as explained in Section A below,
B = debt service and bond covenant requirements as described in Section B below,
C = replacement costs as described in Section C below, and
D = interest earnings as described in Section D below, and
N = the total number of thousands of gallons of wastewater that it is estimated will be
treated and disposed of through the Regional System for that year.
Following the close of each fiscal year and the issuance of the annual financial statements for
that year, the actual user rates and charges will be calculated as described in part II of this
Appendix and an adjustment made.
A. Operation and Maintenance Costs
The operation and maintenance portion of the user rate will be based upon the annual
operating budget for the Central Regional System and will include, but not limited to, the
following categories of expenses:
Personal Services
XXX
Salaries
XXX
Employment Taxes
XXX
Employee Benefits
XXX
Current Expenses
XXX
Utilities
XXX
Fuel, Oil & Lubricants
XXX
Consumable Tools
XXX
General Operating Supplies
XXX
Office Supplies
XXX
Chemicals
XXX
Professional Services
XXX
Insurance
XXX
Vehicle Operation & Maintenance
XXX
Appendix A
Page 2
Equipment Repairs XXX
Printing and Binding XXX
Conferences, Schools & Travel XXX
Uniforms XXX
* Administrative Service Charges XXX
Total
XXX
* This item represents charges for the services of various City departments which will be charged
to the Regional System in accordance with the City's administrative indirect cost allocation plan
developed under the guidelines of "Federal Management Circular 74-4" as reviewed and
approved by the Environmental Protection Agency.
B. Debt Services and Bond Covenant Requirements
This portion of the rate will be based upon the bond principal and interest payments
required in the coming year and the amounts necessary for satisfaction of the applicable
bond covenant requirements as listed below:
1. Principal and interest payments payable during the fiscal year on those
portions of the Water and Sewer Revenue Bonds and/or General Obligation
Sewer Bonds which the CITY has issued for the purchase or construction of
fixed assets of the Regional System.
XXX
2. Twenty-five percent of the amount in 1 above in satisfaction of bond
covenant requirements.
Note: Water and Sewer Revenue bond covenants require that revenues be
equal to or greater than the sum of. -
a) 125% of bond principal and interest payable during the year,
b) 100% of operation and maintenance costs for the year and
c) 100% of payments to reserve accounts required by other bond
XXX
covenants.
3. Payment to the Operation Reserve Account of any additional amount
necessary to establish a balance equal to two months estimated operating
expenses.
XXX
4. Payments to the Debt Service Reserve Account equal to the greater of 20% of
the amount in 1 above or an amount sufficient to establish a balance in the
Debt Service Reserve Account equal to the largest amount which will be
required in any one year for the payment of maturing principal of and interest
on Water and Sewer Revenue Bonds. Due to the difficulty in allocating this
reserved requirement, the CITY will account for and be responsible for
maintaining this reserve at the appropriate balance.
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5. Payments to the Replacement and Improvement Reserve Account if such
payments should become necessary. Bond covenants require that a minimum
balance of $500,000 be maintained in this account and that at the direction of
the consulting engineer additional funds will be appropriated to cover planned
project costs. At the date of signing of this agreement, the balance in the
Replacement and Improvement Reserve Account is $500,000 and no plans
exist to increase the required balance. In addition, requirements for payments
to the Replacement Account, as described in Section C below, are more
restrictive. For these reasons, no payments to the Replacement and
Appendix A
Page 3
Improvement Reserve Account are contemplated at the date of signing of this -0-
agreement.
Total XXX
C. Replacement Costs
This portion of the rate, as required by P.L. 92-500, is to provide for the replacement or addition
of equipment, accessories or appurtenances that will be needed to maintain the performance and
capacity of the Regional System for the next 20 years of operation from the current year, or until
the expected closure of the Regional Treatment Facilities , whichever is less. On an annual basis,
a schedule shall be prepared by the consulting engineer projecting such expenditures for the next
20-year period or until the anticipated closure of the Regional Treatment Facilities, whichever is
less. The schedule shall be revised and updated each year to show the expected replacement
cost for the next 20 years or the remaining life of the Regional Treatment Facilities. Replacement
Costs may include expenditures for (1) improvements with expected useful lives of greater or less
than 20 years to improvements which expands system capacity, (3) modifications or additions
need to accommodate new improvements which expand system capacity, (4) modifications or
additions need to be to meet new regulatory requirements, or (5) to implement operational
changes, provided the estimated cost of each plan improvement does not exceed $2 million and
it is determined to be the best interest of the Regional System to fund these improvements from
the Renewal and Replacement account.
The replacement cost portion of all user charges collected shall be deposited in the Renewal and
Replacement Account and replacement expenditures will be made directly from the account. If
any unused balance remains in the Renewal and Replacement Account at the end of the end the
life of the Regional Treatment Facilities, it will be transferred to the Replacement and
Improvement Reserve Account, as described in Section B.S. above.
This portion of the rate will be calculated annually using the following formula:
E -R
C = Y
Where C = the amount of replacement costs to be collected that year,
E = the expected replacement costs for the subsequent 20-year period as shown by
the consulting engineer's updated schedule,
R = the balance in the Renewal and Replacement Account, and
Y = 20 years, or the number of years remaining in the expected life of the Regional
Treatment Facilities, whichever is less.
D. Interest Earnings
This portion of the rate is to provide credit for the interest earnings of the Central Regional
Wastewater System as an offset to operating and maintenance, debt service and
replacement costs provided for under items A, B and C above.
Appendix A
Page 4
E. Monthly Billing
Each large user will be billed monthly for the number of thousands of gallons of wastewater
that passed through its meter or meters times the rate developed above.
YEAR-END ADJUSTMENT
Following the close of the fiscal year and the issuance of the annual financial report, an actual
rate for the year will be computed using the following formula. -
A' + B' + C' - D'
AR = N'
Where AR = the actual rate per 1,000 gallons passing through the meter or meters of the large
user,
A' = the total actual operation and maintenance costs incurred during the fiscal year,
B' = the total bond principal and interest payments and amounts necessary to satisfy bond
covenant requirements during the fiscal year as described in Section B above (this
amount will not change),
C' = the replacement cost formula as computed in Section C above (this amount will not
change), and
D' = the total actual interest earned during the fiscal year, and
N' = the total number of thousands of gallons of wastewater actually treated and disposed
of through the regional system for the year.
The amount of adjustment due from or to each large user will be calculated as shown in Table
A-1. The actual rate, as computed above, will be multiplied by the number of thousands of
gallons of wastewater that passed through the meter or meters of each large user during the
year. The result, after being increased by applicable penalties, if any, as described in Section
3.6, 5.2 and 5.4, will be the user's total actual charge for the fiscal year (column F). The
amount paid by the large user is then subtracted to determine the additional charge due from
or the refund due to the Large User (column H).
Appendix A
Page 5
FA
Larger User
Fort
Lauderdale
Oakland
Park
Wilton
Manors
Tamarac
Port
Everglades
Total
Table A-1
Calculation of Year -End Adjustment
B C D E F G H
Gallons Regular
Treated in Actual Charge Penalties
Thousands Rate B X C Assessed
III. EXCESS REVENUES OF THE REGIONAL SYSTEM
Total
Actual
D + E
Amount
Paid
Due From
To Use
F—G
Revenues from regular user charges will be equal to the costs of operation and maintenance,
debt service and bond covenant requirements and replacement contributions. Receipt of
interest revenue and penalties, if any, will result in a net income for the regional system. If
such net income should occur, it will be transferred to the Replacement Account, thus resulting
in lower replacement cost contributions for the following year. If any money should remain in
the Replacement at the end of the 20-year period, it will be deposited in the Replacement and
Improvement Reserve Account. Any net income occurring after the initial 20-year period will
also be deposited in the Replacement and Improvement Reserve Account.
Appendix A
Page 6
APPENDIX B
ff f �}y5t6
P �F70
i City Of Fort Lauderdale Redundant Force Main GIS
Pimp StabwM —Effl— Umfrom GTI W Ue In,n Wells
Atlhe Sppn,Owned BY =nfty U.K
CKY Port taudndak Sewer Ffigibit, Auras - !
Wour e
®CounC/ ®CwnbneA Wastewater TreaMml Area
Mbaidw dw1,a Wastewater Treatrmn[ A— 1
—F— Main I'.ne M1 F- A,-- W Rant B AGEtI[Y d'
aaa�ReNMant Sewer Fw Mab (awn Plant B W GTL
lbnarac . .
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APPENDIX C
Appendix C
CITY OF TAMARAC
BOUNDARY DESCRIPTION FOR WASTEWATER SERVICE AREA
All that portion of the Southwest quarter (S%) of Section 16, Township 42 South, Range 49 East
lying within the City of Tamarac. Bordered on the north by the North line of the south half (S'/z) of
the southwest quarter (S%) of said section 16, bordered on the south by West Prospect Road;
bordered on the west by the west line of said section 16 and bordered on the east by the east line
of the southwest quarter (S'/4) of said section 16. Together with portions of lots 1 and 2; "Golfview
Plaza" according to the plat thereof, recorded in plat book 121, page 3 of the public records of
Broward County Florida.
Together with:
All of blocks 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26 and all of Parcels "P", "R" and "S" and all of
lots 1 through 45, Block 16, "Tamarac Lakes South" according to the plat thereof, recorded in plat
book 62, page 24 of the public records of Broward County Florida.
Together with:
Begin at the Southwest corner of the South one-half (S'/z) of the Southwest one -quarter (SW%)
of the Southeast one -quarter (SE'/4) of the Northeast one -quarter (NE'/4) of Section 17, Township
49 South, Range 42 East; thence northerly to the northwest corner thereof; thence easterly along
the north boundary thereof to the west boundary of the East one-half (E'/2) of the Southeast one -
quarter (SE'/4) of the Northeast one -quarter (NE%4) of Section 17, Township 49 South, Range 42
East; thence northerly along said west boundary to the northwest corner thereof; thence easterly
along the north boundary thereof to the west boundary of the East one-half (E'/2) of the East one-
half (E'/2) of the Northeast one -quarter (NEY4) of the Northeast one -quarter (NE'/4) of Section 17,
Township 49 South, Range 42 East; thence northerly along said west boundary to the south
boundary of the North one-half (N'/2) of the North one-half (N'/2) of the North one-half (N'/2) of the
Northeast one -quarter (NE'/4) of Section 17, Township 49 South, Range 42 East; thence westerly
along said south boundary and the centerline of Orange Street in the plat "LITTLE FARMS" (Plat
Book 27, Page 29, Broward County Records) to the southerly extension of the west boundary of
Lot 11 of said plat; thence northerly along said extension and west boundary to the north boundary
of said Section 17; thence westerly along said north boundary to an intersection with the northerly
right-of-way line of Prospect Field Road; thence continue westerly along said right-of-way line to
the northerly extension of the east boundary of the West two hundred sixty-four (264) feet of the
North one-half (N'/2) of the North one-half (N'/2) of the Northwest one -quarter (NW%4) of the
Northwest one -quarter (NW'/4) of said Section 17; thence southerly along said extension and said
east boundary to the southeast corner thereof; thence westerly along the south boundary thereof
to the west boundary of said Section 17; thence southerly along said west boundary to the
northwest corner of the North one-half (N'/2) of the Southwest one -quarter (SW'/4) of the Northwest
one -quarter (NW'/4) of said Section 17; thence easterly along the north boundary thereof to the
northeast corner thereof; thence southerly along the east boundary thereof to the northwest
corner of the Southwest one -quarter (SW'/4) of the Southeast one -quarter (SE%) of the Northwest
Appendix C
Page 1
one -quarter (NW%) of said Section 17; thence easterly along the north boundary thereof to the
northeast corner thereof; thence southerly along the east boundary thereof to the northwest
corner of the South three-quarters (S%) of the Southeast one -quarter (SE'/4) of the Southeast
one -quarter (SEY4) of the Northwest one -quarter (NW%) of said Section 17; thence easterly along
the north boundary thereof and along the north boundary of the South three-quarters (S%) of the
Southwest one -quarter (SW'/4) of the Southwest one -quarter (SW%) of the Northeast one -quarter
(NE'/4) of said Section 17 to the northeast corner thereof; thence southerly along the east
boundary and southerly extension thereof to south line of the Northeast quarter of said Section
17; thence easterly along said south line to the point of beginning.
Appendix C
Page 2
APPENDIX D
Example Calculation of Surcharges in Article 3.6
Source: Direct Readings from SCADA Totalizer
Total Monthly Wastewater Volume 200,000,000 Gallons
Total Monthly Water Volume 120,000,000 Gallons
Calculations using SCADA Totalizer Numbers in a program outputting to Excel or other report
Wastewater Average Daily Flowrate (WWADF)
Running 3-year average of daily total flow re -calculated at end of each month = 5.6 MGD
Wastewater Peak Hourly Flow Rate (WWPHF) = 9.5 MGD
Potable Water Average Daily Flowrate (PWADF)
Running 3-year average of daily total flow re -calculated at end of each month = 2.9 MGD
Surcharge #1 Threshold = If WWPHF > 150% OF WWADF
150%XWWADF=1.5x5.6MGD =84MGD
9.5 MGD > 8.4 MGD, therefore Surcharge #1 Threshold exceeded
Surcharge #2 Threshold = If WWADF > 125% PWADF
125% x PWADF = 125 x 2.9 MGD = 3.6 MGD
5.6 MGD > 3.6 MGD, therefore Surcharge #2 Threshold exceeded
NOTE: A Large User may trigger both surcharges on a given month.
Appendix D
Page 1