Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-025Temporary Ordinance # 2265 October 10, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2012 c>2,5-' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF SUNRISE FOR THE NON- EXCLUSIVE RIGHT TO PROVIDE NATURAL GAS SERVICES TO THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Tamarac entered into a twenty (20) year agreement on March 11, 1992 via Resolution R-92-33; and WHEREAS the City of Tamarac Charter, Section 7.19 Franchises provides the authorization to grant a franchise to the City of Sunrise by ordinance; and WHEREAS the City Commission of the City of Tamarac desires to continue to provide natural gas to its commercial and residential developments; and WHEREAS the city of Sunrise owns and operates a natural gas utility within its municipal boundaries; and WHEREAS the City of Sunrise is willing to offer natural gas service to the residents and businesses of Tamarac subject to the same conditions and rates charged to the residents and businesses in the City of Sunrise. WHEREAS City staff has reviewed the agreement and agree with the recommended changes from the original 1992 agreement; and WHEREAS City staff recommends increasing the Franchise Fee from 3% to Temporary Ordinance # 2265 October 10, 2012 Page 2 6%; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents and business of the City of Tamarac to enter into this agreement with the City of Sunrise for the non-exclusive franchise to provide service to the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 upon adoption hereof and all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the appropriate City Officials are authorized to execute an agreement, hereto attached as Exhibit 1, between the City of Tamarac and the City of Sunrise for the non-exclusive franchise to provide natural gas services to the City of Tamarac for a term of fifteen (15) years with successive automatic five (5) year renewals unless notified otherwise within six (6) months of the end of the term to not renew. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: That if any clause, section or other part or application of this ordinance is held by any court of competent jurisdiction to unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this ordinance SECTION 5: That this ordinance shall become effective immediately upon its Temporary Ordinance # 2265 October 10, 2012 Page 3 passage and adoption. PASSED AND ADOPTED ON FIRST READING THIS 25th day of September, 2012. PASSED AND ADOPTED ON SECOND READING THIS 10th day of October, 2012 ATTEST: xayzA ETER R I C ARDSO q, CRM,CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: J404 , 4't 4��s �- S MUEL S. OREN CITY ATTORNEY BY: MAYOR BETH TALABISCO RECORD OF COMMISSION VOTE: 1 ST Reading MAYOR TALABISCO DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: V/M. GLASSERly DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM. BUSHNELL f� DIST 2: COMM. GOMEZ DIST 3: V/M. GLASSER DIST 4: COMM. DRESSLER AGREEMENT Between CITY OF SUNRISE And CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC AGREEMENT Between CITY OF SUNRISE And CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC THIS IS AN AGREEMENT between: CITY OF SUNRISE, a municipal corporation, its successors and assigns, hereinafter referred to as "SUNRISE," AND The CITY OF TAMARAC, a municipal corporation, its successors and assigns hereinafter referred to as "TAMARAC." WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SUNRISE and TAMARAC agree as follows: ARTICLE I 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, the following statement, 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 SUNRISE owns and operates a natural gas utility within its municipal boundaries. 1.2 SUNRISE is willing to offer natural gas service to the residents and businesses of TAMARAC subject to the same conditions and at the same rates charged to residents and businesses in SUNRISE. 1.3 For the purpose of this Agreement, the following definitions apply: (a) "Customer." Any person, firm, partnership, company, corporation, municipality, cooperative, organization, governmental agency, or similar organization supplied with gas service by any such gas utility. 2 (b) "Gas". Gas is any gas or mixture of gases suitable for domestic or industrial fuel and transmitted or distributed to the user through a piping system. (c) "Cubic Foot" of Gas. (i) In cases where gas is supplied and metered at the standard delivery pressure a cubic foot of gas shall be defined to be the volume of gas which, at the temperature and pressure existing in the meter, occupies one cubic foot. (ii) The standard cubic foot of gas for testing the gas itself for heating value shall be that volume of gas which, when saturated with water vapor and at a temperature of 60 F, and under a pressure equivalent to that of 30 inches of mercury (mercury at 32 F and under standard gravity) occupies one foot. (d) "British Thermal Unit." The term "British Thermal Unit" (BTU) shall mean the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit. (e) "Therm." The word "therm" is used to denote a unit of heating value equivalent to one hundred thousand (100,000) British Thermal Units. ARTICLE 2 SERVICE AREA 2.1 Subject to the terms of this Agreement, SUNRISE shall have the non-exclusive right and privilege to provide service to the City of Tamarac. ARTICLE 3 SUNRISE'S RESPONSIBILITIES, TERM OF AGREEMENT 3.1 In accordance with established practice for the construction, operation and maintenance of gas utility systems, SUNRISE shall have the following responsibilities under this Agreement: a. To construct, maintain, operate in, under, upon, over and across the present and future streets, easements, bridges and other public ways and places of the service area. b. To install gas mains, transmission lines, supply lines and service lines and to establish and install regulator stations and other facilities for the use in supplying utility gas to persons, firms and corporations in the service area. To do any and all other things necessary to provide gas service to the service area. 3 3.2 The responsibilities of SUNRISE shall be subject to zoning and fire regulations now or hereafter established by TAMARAC and to the restrictions and limitations hereafter specified in this Agreement. 3.3 This Agreement shall be for a term of fifteen (15) years ("INITIAL TERM"). At the end of the INITIAL TERM, the Agreement shall be renewed automatically for successive five-year terms unless either party notifies the other party within six (6) months of the end of the term that it does not intend to renew the Agreement. ARTICLE 4 PERMITS, WORK PERFORMANCE 4.1 Construction, location, relocation or installation of any facility by SUNRISE under this Agreement shall not be commenced until all necessary permits for same have been obtained from TAMARAC. 4.2 SUNRISE shall repair and properly replace without undue delay any sidewalk, pavement or soil displaced by SUNRISE and restore the same to as good a condition as it existed prior to the changes made by SUNRISE. 4.3 Should SUNRISE fail to comply with 4.2 above, TAMARAC may, after giving ten (10) days written notice to SUNRISE, make such repairs or replace any excavation and SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. 4.3.1 Should TAMARAC discover any condition arising out of the activities covered by this agreement that it deems to constitute a hazardous condition, then TAMARAC shall provide SUNRISE with reasonable notice of the condition, which notice may be made by telephone to either the Gas Department director or the City Engineer, and if SUNRISE is unable to immediately correct the condition, or provide adequate assurance under the circumstances that action will be taken to correct the hazardous condition in a reasonable period of time, then TAMARAC may take such steps as it deems necessary to correct the condition and SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. A hazardous condition shall be any condition that poses an imminent threat to the health and safety of the public. 4.3.2 If invoked, this provision shall supersede all other notice provisions contained in this Agreement. 4.4 The facilities of SUNRISE shall be so located and relocated from time to time as to interfere as little as possible with traffic over streets, bridges and public ways and places of TAMARAC and with reasonable allowance for egress and ingress to abutting property. 4 4.5 Before SUNRISE performs any work on any street, bridge or other public way or place within the service area, SUNRISE shall consult with TAMARAC on ways and means of holding interference with traffic to a minimum. 4.6 In the event that TAMARAC incurs costs for traffic control required in connection with work performed in a public right-of-way, SUNRISE shall reimburse TAMARAC for actual, verifiable expenses incurred by TAMARAC. ARTICLE 5 MAINTENANCE OF NATURAL GAS SYSTEM; INDEMNIFICATION 5.1 SUNRISE shall maintain its gas mains, transmission lines, supply lines, service lines and other works and facilities used and useful in providing gas service to the inhabitants of the service area in good and workable condition in compliance with all Federal, State and local regulations. 5.2 SUNRISE shall furnish gas containing the number of British Thermal Units, tested at the burner, and otherwise conforming to standards of quality approved by the Florida Public Service Commission 5.3 To the extent permitted by law, at all times hereafter, SUNRISE shall indemnify, defend and hold harmless TAMARAC, its officers, agents, employees from and against any claim, demand or cause of action, of any kind arising out of errors, omissions, or negligent acts of SUNRISE, its agents, consultants or employees relating to the subject matter of this Agreement. ARTICLE 6 RATES AND CHARGES 6.1 SUNRISE shall have the right to charge consumers for gas and services at rates and charges approved by the SUNRISE City Commission. Except as otherwise provided for in this article, rates and charges levied on customers within TAMARAC's municipal boundaries shall not exceed the rates and charges levied on SUNRISE's municipal boundaries. A copy of Section 15-118 of the SUNRISE City code is attached to this Agreement as Exhibit A. Gas main, and service line extensions shall be made in accordance with SUNRISE's Main and Service Extension Policy as contained in the SUNRISE City Code as it may be amended from time to time. A copy of the policy is attached to this Agreement as Exhibit B. Nothing in this Agreement shall prevent or limit Sunrise's ability to set or amend its schedule of natural gas rates and charges. TAMARAC and any customers located within the service area shall have the right to participate in any public hearing held to consider revisions in natural gas rates. SUNRISE shall advise TAMARAC in writing of any scheduled public hearing on rates at least thirty (30) days prior to the hearing date. 6.2 In the event SUNRISE is required to collect a utility tax for the benefit of TAMARAC, SUNRISE shall remit to TAMARAC on a monthly basis all such tax money collected. SUNRISE shall be entitled to retain 1 % of monthly tax proceeds as a monthly service charge. If a utility tax is levied, the tax shall be charged directly to the customer on the customer's monthly bill on a separate line from the monthly gas charges. 5 6.3 SUNRISE shall pay TAMARAC a fee equal to 6 percent of monthly natural gas sales within TAMARAC for the right and privilege to install, maintain, repair and operate its natural gas system over, upon, across and under TAMARAC's rights -of -way and easements. This fee shall not be paid from revenue received by SUNRISE from natural gas sales in TAMARAC, but shall be derived from a pass -through levied directly against natural gas customers within TAMARAC as a separate and distinct charge from SUNRISE's other rates and charges. SUNRISE may reflect this charge as a separate line on the customer's monthly bill. SUNRISE shall remit to TAMARAC on a monthly basis all such fees collected. 6.4 TAMARAC shall waive Engineering Permit Fees. ARTICLE 7 ENFORCEMENT OF THIS AGREEMENT 7.1 The parties agree to confer with each other from time to time with the end in view of adopting and enforcing ordinances governing and controlling the proper installation of gas piping, gas appliances, and other gas facilities, to protect the community and the inhabitants of the service area in the use of gas and gas equipment. Each party agrees to provide the other with copies of any proposed ordinance that impacts on the subject matter of this agreement within thirty (30) days of the date of first reading. 7.2 Should either party fail to comply in any substantial respect with the provisions of this Agreement, the party asserting non-compliance shall notify the other party in writing, describing such non-compliance and giving directions to cure the same within thirty (30) days. 7.3 If the party against whom non-compliance is asserted fails to cure the non- compliance within thirty (30) days, the party asserting non-compliance may terminate the Agreement. ARTICLE 8 ASSIGNMENT; AMENDMENTS 8.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by either party. 8.2 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 with this agreement. ARTICLE 9 ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this agreement and the parties agree that there are no commitments, agreements or understanding concerning the subject matter of this Agreement that are not contained in this document. Accordingly it is agreed that no deviation from the terms of this agreement shall be predicated upon any prior representations or agreements whether oral or written. 6 ARTICLE 10 NOTICES Whenever either party desires to give notice to the other, it shall be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR SUNRISE CITY MANAGER CITY OF SUNRISE 10770 W, Oakland Park Blvd. Sunrise, Florida 33351 COPY TO: SUNRISE CITY ATTORNEY 10770 W. Oakland Park Blvd. Sunrise, Florida 33351 FOR TAMARAC: CITY MANAGER CITY OF TAMARAC 7525 N. W. 88" Avenue Tamarac, Florida 33321 COPY TO: TAMARAC. CITY ATTORNEY 7525 N. W. 88`h Avenue Tamarac, Florida 33321 ARTICLE 11 CONSENT TO JURIDICTION The parties hereby irrevocably submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to the Agreement, and unanimously agree that all claims in respect of such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 7 ARTICLE 12 MISCELLANEOUS 12.1 GOVERNING LAW The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 12.2 HEADINGS Headings hereon are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 12.3 PERSONS BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular, and the use of any gender shall include all genders. 12.4 SEVERABILITY AND SURVIVAL OF COVENANTS If any provision of this Agreement or the application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect and be enforced to the fullest extent permitted by law. [SIGNATURES FOLLOW ON NEXT PAGE] 0 AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SUNRISE, signing by and through its Mayor duly authorized to execute same by Commission action on the day of , 2012 and TAMARAC, duly authorized to execute same by Commission on the day of . 2012. AUTHENTICATION: Felicia M. Bravo, City Clerk CITY OF SUNRISE Michael J. Ryan, Mayor day of 2012 Approved as to form and legal Sufficiency by the Office of the City Attorney for Sunrise, Florida City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33351 Telephone: (954) 746-3300 Bv: Kimberly A. Kisslan City Attorney AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SUNRISE, signing by and through its Mayor duly authorized to execute same by Commission action on the day of 2012 and T MARAC, duly authorized to execute same by Commission on the day of , 2012. AUTHENTICATION: Peter M.J. Ric dson, CRM, RC City Clerk `\\` � I I i i i i I/ /,I 10 CITY OF TAMARAC Beth Talabisco, Mayor J-7day of �� , 2012 Approved as to form and legal Sufficiency by the Office of the City Attorney for Tamarac, Florida City of Tamarac 7525 N.W. 88`" Avenue Tamarac, Florida 33321 Telephone: (954) 597-3510 �.1 Sam Gor6n City Attorney Temporary Ordinance # 2265 October 10, 2012 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2012 c>2,5-' AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND THE CITY OF SUNRISE FOR THE NON- EXCLUSIVE RIGHT TO PROVIDE NATURAL GAS SERVICES TO THE CITY OF TAMARAC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City of Tamarac entered into a twenty (20) year agreement on March 11, 1992 via Resolution R-92-33; and WHEREAS the City of Tamarac Charter, Section 7.19 Franchises provides the authorization to grant a franchise to the City of Sunrise by ordinance; and WHEREAS the City Commission of the City of Tamarac desires to continue to provide natural gas to its commercial and residential developments; and WHEREAS the city of Sunrise owns and operates a natural gas utility within its municipal boundaries; and WHEREAS the City of Sunrise is willing to offer natural gas service to the residents and businesses of Tamarac subject to the same conditions and rates charged to the residents and businesses in the City of Sunrise. WHEREAS City staff has reviewed the agreement and agree with the recommended changes from the original 1992 agreement; and WHEREAS City staff recommends increasing the Franchise Fee from 3% to Temporary Ordinance # 2265 October 10, 2012 Page 2 6%; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the residents and business of the City of Tamarac to enter into this agreement with the City of Sunrise for the non-exclusive franchise to provide service to the City of Tamarac. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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 upon adoption hereof and all exhibits attached hereto are incorporated herein and made a specific part of this resolution. SECTION 2: That the appropriate City Officials are authorized to execute an agreement, hereto attached as Exhibit 1, between the City of Tamarac and the City of Sunrise for the non-exclusive franchise to provide natural gas services to the City of Tamarac for a term of fifteen (15) years with successive automatic five (5) year renewals unless notified otherwise within six (6) months of the end of the term to not renew. SECTION 3: That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: That if any clause, section or other part or application of this ordinance is held by any court of competent jurisdiction to unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this ordinance SECTION 5: That this ordinance shall become effective immediately upon its Temporary Ordinance # 2265 October 10, 2012 Page 3 passage and adoption. PASSED AND ADOPTED ON FIRST READING THIS 25th day of September, 2012. PASSED AND ADOPTED ON SECOND READING THIS 10th day of October, 2012 ATTEST: xayzA ETER R I C ARDSO q, CRM,CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: J404 , 4't 4��s �- S MUEL S. OREN CITY ATTORNEY BY: MAYOR BETH TALABISCO RECORD OF COMMISSION VOTE: 1 ST Reading MAYOR TALABISCO DIST 1: COMM. BUSHNELL DIST 2: COMM. GOMEZ DIST 3: V/M. GLASSERly DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2ND Reading MAYOR TALABISCO DIST 1: COMM. BUSHNELL f� DIST 2: COMM. GOMEZ DIST 3: V/M. GLASSER DIST 4: COMM. DRESSLER CLERK' CITY OF SUNRISE' 12 NOV 26 PM 3� 01 AGREEMENT Between CITY OF SUNRISE And CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC 1 AGREEMENT Between CITY OF SUNRISE TI CITY OF TAMARAC For PROVIDING NATURAL GAS SERVICE TO THE CITY OF TAMARAC THIS IS AN AGREEMENT between: CITY OF SUNRISE, a municipal corporation, its successors and assigns, hereinafter referred to as "SUNRISE," X The CITY OF TAMARAC, a municipal corporation, its successors and assigns hereinafter referred to as "TAMARAC." WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, SUNRISE and TAMARAC agree as follows: ARTICLE I 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, the following statement, 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 SUNRISE owns and operates a natural gas utility within its municipal boundaries. 1.2 SUNRISE is willing to offer natural gas service to the residents and businesses of TAMARAC subject to the same conditions and at the same rates charged to residents and businesses in SUNRISE. 1.3 For the purpose of this Agreement, the following definitions apply: (a) "Customer." Any person, firm, partnership, company, corporation, municipality, cooperative, organization, governmental agency, or similar organization supplied with gas service by any such gas utility. 0J, IN (b) "Gas". Gas is any gas or mixture of gases suitable for domestic or industrial fuel and transmitted or distributed to the user through a piping system. (c) "Cubic Foot" of Gas. (i) In cases where gas -is supplied and metered at the standard delivery pressure a cubic foot of gas shall be defined to be the volume of gas which, at the temperature and pressure existing in the meter, occupies one cubic foot. 0i) The standard cubic foot of gas for testing the gas itself for heating value shall be that volume of gas which, when saturated with water vapor and at a temperature of 60 F, and under a pressure equivalent to that of 30 inches of mercury (mercury at 32 F and under standard gravity) occupies one foot. (d) "British Thermal Unit. The term "British Thermal Unit" (BTU) shall mean the quantity of heat required to raise the temperature of one pound of water one degree Fahrenheit. (e) "Therm." The word "therm" is used to denote a unit of heating value equivalent to one hundred thousand (100,000) British Thermal Units. ARTICLE 2 SERVICE AREA 2.1 Subject to the terms of this Agreement, SUNRISE shall have the non-exclusive right and privilege to provide service to the City of Tamarac. ARTICLE 3 SUNRISE'S RESPONSIBILITIES, TERM OF AGREEMENT 3.1 In accordance with established practice for the construction, operation and maintenance of gas utility systems, SUNRISE shall have the following responsibilities under this Agreement: a. To construct, maintain, operate in, under, upon, over and across the present and future streets, easements, bridges and other public ways and places of the service area. b. To install gas mains, transmission lines, supply lines and service lines and to establish and install regulator stations and other facilities for the use in supplying utility gas to persons, firms and corporations in the service area. C. To do any and all other things necessary to provide gas service to the service area. 91 3.2 The responsibilities of SUNRISE shall be subject to zoning and fire regulations now or hereafter established by TAMARAC and to the restrictions and limitations hereafter specified in this Agreement. 3.3 This Agreement shall be for a term of fifteen (15) years ("INITIAL TERM"). At the end of the INITIAL TERM, the Agreement shall be renewed automatically for successive five-year terms unless either party notifies the other party within six (6) months of the end of the term that it does not intend to renew the Agreement. ARTICLE 4 PERMITS, WORK PERFORMANCE 4.1 Construction, location, relocation or installation of any facility by SUNRISE under this Agreement shall not be commenced until all necessary permits for same have been obtained from TAMARAC. 4.2 SUNRISE shall repair and properly replace without undue delay any sidewalk, pavement or soil displaced by SUNRISE and restore the same to as good a condition as it existed prior to the changes made by SUNRISE. 4.3 Should SUNRISE fail to comply with 4.2 above, TAMARAC may, after giving ten (10) days written notice to SUNRISE, make such repairs or replace any excavation and SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. 4.3.1 Should TAMARAC discover any condition arising out of the activities covered by this agreement that it deems to constitute a hazardous condition, then TAMARAC shall provide SUNRISE with reasonable notice of the condition, which notice may be made by telephone to either the Gas Department director or the City Engineer, and if SUNRISE is unable to immediately correct the condition, or provide adequate assurance under the circumstances that action will be taken to correct the hazardous condition in a reasonable period of time, then TAMARAC may take such steps as it deems necessary to correct the condition and SUNRISE shall reimburse TAMARAC for any actual, verifiable expenses incurred by TAMARAC. A hazardous condition shall be any condition that poses an imminent threat to the health and safety of the public. 4.3.2 If invoked, this provision shall supersede all other notice provisions contained in this Agreement. 4.4 The facilities of SUNRISE shall be so located and relocated from time to time as to interfere as little as possible with traffic over streets, bridges and public ways and places of TAMARAC and with reasonable allowance for egress and ingress to abutting property. 0 r � � 4.5 Before SUNRISE performs any work on any street, bridge or other public way or place within the service area, SUNRISE shall consult with TAMARAC on ways and means of holding interference with traffic to a minimum. 4.6 In the event that TAMARAC incurs costs for traffic control required in connection with work performed in a public right-of-way, SUNRISE shall reimburse TAMARAC for actual, verifiable expenses incurred by TAMARAC. ARTICLE 5 MAINTENANCE OF NATURAL GAS SYSTEM; INDEMNIFICATION 5.1 SUNRISE shall maintain its gas mains, transmission lines, supply lines, service lines and other works and facilities used and useful in providing gas service to the inhabitants of the service area in good and workable condition in compliance with all Federal, State and local regulations. 5.2 SUNRISE shall furnish gas containing the number of British Thermal Units, tested at the burner, and otherwise conforming to standards of quality approved by the Florida Public Service Commission 5.3 To the extent permitted by law, at all times hereafter, SUNRISE shall indemnify, defend and hold harmless TAMARAC, its officers, agents, employees from and against any claim, demand or cause of action, of any kind arising out of errors, omissions, or negligent acts of SUNRISE, its agents, consultants or employees relating to the subject matter of this Agreement. ARTICLE 6 RATES AND CHARGES 6.1 SUNRISE shall have the right to charge consumers for gas and services at rates and charges approved by the SUNRISE City Commission. Except as otherwise provided for in this article, rates and charges levied on customers within TAMARAC's municipal boundaries shall not exceed the rates and charges levied on SUNRISE Is municipal boundaries. A copy of Section 15-118 of the SUNRISE City code is attached to this Agreement as Exhibit A. Gas main, and service line extensions shall be made in accordance with SUNRISE's Main and Service Extension Policy as contained in the SUNRISE City Code as it may be amended from time to time. A copy of the policy is attached to this Agreement as Exhibit B. Nothing in this Agreement shall prevent or limit Sunrise's ability to set or amend its schedule of natural gas rates and charges. TAMARAC and any customers located within the service area shall have the right to participate in any public hearing held to consider revisions in natural gas rates. SUNRISE shall advise TAMARAC in writing of any scheduled public hearing on rates at least thirty (30) days prior to the hearing date. 6.2 In the event SUNRISE is required to collect a utility tax for the benefit of TAMARAC, SUNRISE shall remit to TAMARAC on a monthly basis all such tax money collected. SUNRISE shall be entitled to retain 1 % of monthly tax proceeds as a monthly service charge. If a utility tax is levied, the tax shall be charged directly to the customer on the customer's monthly bill on a separate line from the monthly gas charges. 5 6.3 SUNRISE shall pay TAMARAC a fee equal to 6 percent of monthly natural gas sales within TAMARAC for the right and privilege to install, maintain, repair and operate its natural gas system over, upon, across and under TAMARAC's rights -of -way and easements. This fee shall not be paid from revenue received by SUNRISE from natural gas sales in TAMARAC, but shall be derived from a pass -through levied directly against natural gas customers within TAMARAC as a separate and distinct charge from SUNRISE's other rates and charges. SUNRISE may reflect this charge as a separate line on the customer's monthly bill. SUNRISE shall remit to TAMARAC on a monthly basis all such fees collected. 6.4 TAMARAC shall waive Engineering Permit Fees. ARTICLE 7 ENFORCEMENT OF THIS AGREEMENT 7.1 The parties agree to confer with each other from time to time with the end in view of adopting and enforcing ordinances governing and controlling the proper installation of gas piping, gas appliances, and other gas facilities, to protect the community and the inhabitants of the service area in the use of gas and gas equipment. Each party agrees to provide the other with copies of any proposed ordinance that impacts on the subject matter of this agreement within thirty (30) days of the date of first reading. 7.2 Should either party fail to comply in any substantial respect with the provisions of this Agreement, the party asserting non-compliance shall notify the other party in writing, describing such non-compliance and giving directions to cure the same within thirty (30) days. 7.3 If the party against whom non-compliance compliance within thirty (30) days, the party asserting Agreement. ARTICLE 8 is asserted fails to cure the non - non -compliance may terminate the ASSIGNMENT; AMENDMENTS 8.1 This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by either party. 8.2 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 with this agreement. ARTICLE 9 ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained in this agreement and the parties agree that there are no commitments, agreements or subject matter of this Agreement that are not contained in thi agreed that no deviation from the terms of this agreement shall representations or agreements whether oral or written. 0 understanding concerning the s document. Accordingly it is be predicated upon any prior f T ARTICLE 10 NOTICES Whenever either party desires to give notice to the other, it- shall be given by written notice, sent by certified United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice, to -wit: FOR SUNRISE: CITY MANAGER CITY OF SUNRISE 10770 W, Oakland Park Blvd. Sunrise, Florida 33351 COPY TO: SUNRISE CITY ATTORNEY 10770 W. Oakland Park Blvd. Sunrise, Florida 33351 FOR TAMARAC: CITY MANAGER CITY OF TAMARAC 7525 N. W. 88th Avenue Tamarac, Florida 33321 COPY TO: TAMARAC. CITY ATTORNEY 7525 N. W. 88th Avenue Tamarac, Florida 33321 ARTICLE 11 CONSENT TO JURIDICTION The parties hereby irrevocably submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of or relating to the Agreement, and unanimously agree that all claims in respect of such action or proceeding may be heard and determined in such court. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. rh t ARTICLE 12 MISCELLANEOUS 12.1 GOVERNING LAIN The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 12.2 HEADINGS Headings hereon are for convenience of reference only and shall not be considered on any interpretation of this Agreement. 12.3 PERSONS BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular, and the use of any gender shall include all genders. 12.4 SEVERABILITY AND SURVIVAL OF COVENANTS If any provision of this Agreement or the application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provision to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect and be enforced to the fullest extent permitted by law. [SIGNATURES FOLLOW ON NEXT PAGE] E'� AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SUNRISE, signing by and through its Mayor duly authorized to execute same by Commission action on the �!�`.. day of a ve/, 2012 and TAMARAC, duly authorized to execute same by Commission on the ! 74� day of 2012. 0 Felicia M. Bravo, ity Clerk E CITY OF SUNRISE Michael J. Ry 208day of dUP :9'L012 Approved as to form and legal Sufficiency by the Office of the City Attorney for Sunrise, Florida City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33351 Telephone: (954) 746-3300 r Kimberly A. Kiss City Attorney ' N AGREEMENT BETWEEN THE CITY OF SUNRISE AND THE CITY OF TAMARAC PROVIDING FOR NATURAL GAS SERVICE TO THE CITY OF TAMARAC. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: SUNRISE, signing by and through its Mavor duly p �y �)dd r �,� v 1authorized to execute same by Commission action on the /� day ofr'20 2 and T MARAC, duly authorized to execute same by Commission on the day of Affl(dj_k.-J, 2012. 0 NTICATION: Peter M.J. Ric li ff CITY OF TAMARAC Bem -l'alabisco, mayor day of , 2012 Approved as to form and legal Sufficiency by the Office of the City Attorney for Tamarac, Florida City of Tamarac 7525 N.W. 88`� Avenue Tamarac, Florida 33321 Telephone: (954) 597-3510 0 S; City Attorney