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HomeMy WebLinkAboutCity of Tamarac Resolution R-2006-096Temp. Reso. # 10981 May 30, 2006 Revision 1 — June 5, 2006 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2006- 9 (� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE "INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES", SPECIFICALLY ELECTRIC UTILITIES; AUTHORIZING A CONTRIBUTION FOR SAID PURPOSE IN AN AMOUNT NOT TO EXCEED $12,000.00; AUTHORIZING BUDGET TRANSFERS AS REQUIRED FOR THIS PURPOSE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, with south Florida in the trajectory of many hurricanes, it is necessary to plan for the protection of all critical infrastructure, including underground electric service conversion projects; and WHEREAS, it is prudent to find mechanisms to provide improved and reliable utility service to the residents of Tamarac at the lowest possible cost; and WHEREAS, the Municipal Underground Utilities Consortium (MUUC) was created to jointly study the fairness of Florida Power & Light's (FPL) recent tariff filing offering a 25% credit for local government underground electric service conversion projects; and WHEREAS, the MUUC is requesting participation of municipalities in the study through an interlocal agreement and joint funding; and I Temp. Reso. # 10981 May 30, 2006 Revision 1 — June 5, 2006 Page 2 of 4 WHEREAS, several municipalities in the area have expressed interest in participating, including Bonita Springs, Wilton Manors, Jupiter Inlet Colony, Coconut Creek, Golden Beach, Gulf Stream, Highland Beach, Juno Beach, Jupiter Island, Lighthouse Point, Ocean Ridge, Palm Beach, Palm Beach Shores, and South Palm Beach; and WHEREAS, by becoming a member of the MUUC through the execution of their interlocal agreement, the City of Tamarac will participate with other Florida municipalities in an effort to reduce each community's cost for a study to determine an appropriate FPL credit; and WHEREAS, the Director of Utilities recommends that the appropriate City Officials execute the Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities and to approve funding for said purpose in an amount not to exceed $12,000.00; 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 execute the Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities and to approve funding for Tamarac's share of the project in an amount not to exceed $12,000.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: Temp. Reso. # 10981 May 30, 2006 Revision 1 — June 5, 2006 Page 3 of 4 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. SECTION 2: The appropriate City Officials are hereby authorized to execute the Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, hereto attached as Exhibit 1. SECTION 3: Funding in an amount not to exceed $12,000.00 for said purpose is hereby approved. SECTION 4: Budget transfers as required for this purpose are hereby approved. SECTION 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application; it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 7: passage and adoption. Temp. Reso. # 10981 May 30, 2006 Revision 1 — June 5, 2006 Page 4 of 4 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this L day of J cfl C , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. /$A/TK/S. GORENCATTORNEY PON wnw"W" - 4.1 — BETH FLANSBAUM-TALABISCO 14141YOT RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO, DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD _ DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER 1 L�' Exhibit 1 EXECUTION VERSION 2.0, MAY 23, 2006 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 By, Between, and Among The City of Boca Raton, Florida The City of Bonita Springs, Florida The City of Cocoa Beach, Florida The City of Coconut Creek, Florida The City of Cooper City, Florida The Town of Golden Beach, Florida The Town of Gulf Stream, Florida The Town of Highland Beach, Florida The Town of Juno Beach, Florida The Town of Jupiter, Florida The Town of Jupiter Inlet Colony, Florida The Town of Jupiter Island, Florida The City of Lighthouse Point, Florida The Town of Manalapan, Florida The City of Melbourne, Florida The City of Naples, Florida The Village of North Palm Beach, Florida The Town of Ocean Ridge, Florida The Town of Palm Beach, Florida The Town of Palm Beach Shores, Florida The City of Palmetto, Florida The City of Plantation, Florida The City of Punta Gorda, Florida The City of Satellite Beach, Florida The Town of Sewall's Point, Florida The Town of South Palm Beach, Florida The Town of Surfside, Florida The City of Tamarac, Florida The City of Wilton Manors, Florida 1 EXECUTION VERSION 2.0, MAY 23, 2006 TABLE OF CONTENTS TITLE PAGE 1 TABLE OF CONTENTS 2 PREFACE 4 RECITALS 5 TERMS OF AGREEMENT 7 Article 1. Definitions 7 Article 2. Purpose and Authorized Activities 8 Article 3. Duration, Term, and Termination 10 Article 4. Organization 11 Article S. Manner of Funding 12 Article 6. Manner of Disbursements 12 Article 7. Method of Allocating Cost Responsibility 12 Article B. Manner of Employing, Engaging, Compensating, and Discharging Necessary Personnel and Firms, Including Purchasing Services and Entering Into Contracts 14 Article 9. Additional Parties 15 Article 10. Provision for Return of Any Surplus Funds to Participating Parties 15 Article 11. Acceptance of Gifts, Grants, or Assistance Funds 16 Article 12. Making of Claims for Federal or State Aid 16 w EXECUTION VERSION 2.0, MAY 23, 2006 Article 13. Indemnification; Manner of Responding to Any Claims for Liability; Insuring Against. Such Liability 17 Article 14. Dispute Resolution 18 Article 15. Accountability for Funds; Audit 19 Article 16. Representations and Warranties 20 Article 17. Miscellaneous Provisions 20 APPENDIX 1 ENGINEERING CONSULTING SERVICES AGREEMENT APPENDIX 2 LEGAL SERVICES AGREEMENT APPENDIX 3 FUNDING SHARES FOR EACH PARTY IN SUPPORT OF COMPREHENSIVE LIFE -CYCLE COST-EFFECTIVENESS AND EFFICACY EVALUATION OF UNDERGROUNDING ELECTRIC DISTRIBUTION FACILITIES APPENDIX 4 PARTIES AND NOTICE INFORMATION FOR PARTIES TO THAT CERTAIN INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES 3 EXECUTION VERSION 2.0, MAY 23, 2006 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES PREFACE This Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, dated the th day of June, 2006 ("Agreement"), is entered into by, between, and among the following: The City of Boca Raton, Florida The City of Bonita Springs, Florida The City of Cocoa Beach, Florida The City of Coconut Creek, Florida The City of Cooper City, Florida The Town of Golden Beach, Florida The Town of Gulf Stream, Florida The 'down of Highland Beach, Florida The Town of Juno Beach, Florida The Town of Jupiter,, Florida The Town of Jupiter Inlet Colony, Florida The Town of Jupiter Island, Florida The City of Lighthouse Point, Florida The Town of Manalapan, Florida The City of Melbourne, Florida The City of Naples, Florida The Village of North Palm Beach, Florida The Town of Ocean Ridge, Florida The Town of Palm Beach, Florida The Town of Palm Beach Shores, Florida The City of Palmetto, Florida The City of Plantation, Florida The City of Punta Gorda, Florida The City of Satellite Beach, Florida The Town of Sewall's Point, Florida The Town of South .Palm Beach, Florida The Town of Surfside, Florida The City of Tamarac, Florida The City of Wilton Manors, Florida The foregoing entities are collectively referred to herein as the "Parties" or as the "Local Governments," and each 4 EXECUTION VERSION 2.0, MAY 23, 2006 may also be referred to individually as a "Party" or as a "Local Government." For purposes of entering into transactions pursuant to this Agreement, the Local Governments agree to do so in the name of the Municipal Underground Utilities Consortium ("MUUC"). The purpose of the Agreement is to provide a means, pursuant to Chapter 163, Florida Statutes, for the Local Governments to mutually support the comprehensive evaluation of the life -cycle costs, cost-effectiveness, and efficacy of undergrounding electric utility facilities, and further to support any activities reasonably necessary to promote the Local Governments' interests in issues relating to undergrounding electric and other utility and utility - type facilities, including, without limitation, participating in (a) utility tariff approval proceedings, rulemaking proceedings, and any other relevant proceedings before the Florida Public Service Commission, (b) legislative activities before the Florida Legislature or before any other legislative or quasi -legislative body in Florida having relevant jurisdiction, and (c) any other relevant proceedings and activities before any court, tribunal, executive agency, or other governmental entity having jurisdiction. WHEREAS, each Party to this Agreement is a political subdivision of the State of Florida, each having the police power and each committed to exercising that power in the interests of the public health, safety, and welfare; and WHEREAS, reliable, safe, and cost-effective electric distribution infrastructure, and other utility infrastructure, are critical to the public health, safety, and welfare; and WHEREAS, it is widely recognized that, overall, underground electric distribution facilities experienced fewer and less severe outages during the hurricanes that struck Florida in 2004 and 2005 than did overhead facilities; and 5 EXECUTION VERSION 2.0, MAY 23, 2006 WHEREAS, the Parties to this Agreement are deeply concerned about the reliability of the electric utility infrastructure and other utility infrastructure serving their communities and citizens; and WHEREAS, the Parties to this Agreement are contemplating converting existing overhead facilities within their geographic boundaries to underground service; and WHEREAS, all Parties to this Agreement desire to ensure that any payments that any Party, or any other entity, is required to make for such an underground conversion project to any public utility or any other utility service provider are fair, just, and reasonable; and WHEREAS, the Parties to this Agreement desire to have a sound basis for evaluating all relevant costs and benefits, on a complete, life -cycle cost basis, of converting existing overhead electric distribution facilities (and other utility facilities) to underground service facilities; and WHEREAS, a sound, comprehensive study conducted by experienced experts in the field of electrical engineering will greatly facilitate key decisions now facing the Parties; and WHEREAS, the Florida Public Service Commission is presently conducting proceedings to evaluate the costs and benefits of enhancing the reliability of overhead electric distribution facilities, and also proceedings to evaluate the costs and benefits of converting overhead electric facilities to underground in order to enhance reliability and potentially provide cost savings to all electricity customers; and WHEREAS, the study contemplated by this Agreement is expected to be of great value to the Local Governments and to the Florida Public Service Commission in their consideration of issues relating to the undergrounding of electric distribution facilities, and also of great value to the public purpose of promoting full and fully -informed 6 EXECUTION VERSION 2.0, MAY 23, 2006 consideration of the costs, cost-effectiveness, and efficacy of undergrounding utility facilities; and WHEREAS, the Local Governments wish to enter into this Interlocal Agreement for the purpose of jointly funding the study of underground utility service contemplated herein, and also to provide a vehicle for the purpose of participating, as provided for herein, in relevant proceedings before the Florida Public Service Commission, the Florida Legislature, or any other relevant agency or branch of government, provided specifically, however, that no individual Local Government shall be limited by this Agreement to participating in any such activities only through this Agreement, it being the intent of all Local Governments that any individual Local Government shall be free to participate in any such proceedings to promote its own interests as it deems appropriate. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and covenants set forth in this Agreement, the mutuality and mutual value of which is hereby acknowledged by each Party to this Agreement, the Parties do hereby agree as follows. TERMS OF AGREEMENT Article 1 - Definitions 1.1 "Engineering Consulting Services Agreement" means a written agreement, to be entered into by and between the Law Firm and the Engineering Firm for the purpose of engaging the Engineering Firm to evaluate the costs, cost- effectiveness, and efficacy of underground electric distribution facilities as compared to overhead electric distribution facilities, in terms of reliability and other benefits, and to prepare appropriate documentation of its evaluations and analyses. A copy of the Engineering Consulting Services Agreement is attached to this Agreement as Appendix 1. 1.2 "Engineering Firm" means Power Services, Inc., 1609 Heritage Commerce Court, Wake Forest, North Carolina 27587. 7 EXECUTION VERSION 2.0, MAY 23, 2006 1.3 "Law Firm" means Young van Assenderp, P.A., 225 South Adams Street, Suite 200, Tallahassee, Florida 32301. 1.4 "Legal Services Agreement" means a written agreement engaging the Law Firm to perform certain legal services in furtherance of this Agreement, including, without limitation, entering into the Engineering Consulting Services Agreement with the Engineering Firm on behalf of the MUUC, and any other services that the Parties agree to engage the Law Firm to perform in furtherance of the purposes of this Agreement. A copy of the Legal Services Agreement is attached to this Agreement as Appendix 2. 1.5 "MUUC" shall mean the Municipal Underground Utilities Consortium, which is the name under which the Parties will enter into any agreements ancillary to, and in furtherance of, the purposes of this Agreement, and under which the Parties may collectively participate in any activities contemplated by this Agreement. The term "MUUC" may also refer to a non-profit corporation that the Parties may elect to form for these purposes. Article 2 - Purpose and Authorized Activities 2.1 The purpose of this Agreement is to provide a means, pursuant to the provisions of Chapter 163, Florida Statutes, for the Local Governments who are Parties to this Agreement to mutually promote the installation of underground electric and other utility and utility -type facilities, in the public interest; to mutually promote the conversion of existing overhead electric and other utility and utility -type facilities to underground facilities, in the public interest; to promote and ensure, to the maximum extent feasible and practicable, that underground installations and conversions are paid for through appropriate, fair, just, equitable, and reasonable combinations of utility funding and funding by entities, such as the Local Governments, that apply for the installation and conversion of underground facilities; and to mutually participate in and support activities in furtherance of these and related efforts. EXECUTION VERSION 2.0, MAY 23, 2006 2.2 To the extent necessary, the Parties who have entered into this Agreement agree to engage in any formal transactions necessary to the accomplishment of the purposes of this Agreement in the name of the Municipal Underground Utilities Consortium. If deemed necessary, the Parties agree that they hereby authorize the formation of a legal entity, such as a non-profit corporation or non- profit limited liability company, having a name identical or similar to Municipal Underground Utilities Consortium, Inc., or Municipal Underground Utilities Consortium, L.L.C. 2,3 Specific activities contemplated by this Agreement include the following: a. Funding a comprehensive life. -cycle cost and cost- effectiveness study of undergrounding electric distribution facilities, including comparative evaluation of the costs and benefits of underground vs. overhead facilities, such study to be performed by the Engineering Firm under the Engineering Consulting Services Agreement. b.- Participating in any relevant proceedings before any governmental agency having jurisdiction, including, without limitation, rulemaking or other proceedings before the Florida Public Service Commission, legislative activities before the Florida Legislature or before any other legislative or quasi -legislative body in Florida having relevant jurisdiction, and any other_ relevant proceedings and activities before any court, tribunal, agency, executive, or legislative body having jurisdiction over the subject matter of undergrounding utility and utility -type facilities in Florida. 2.4 Authorization to enter into the Legal Services Agreement is granted by all of the Local Governments upon the execution of this Agreement. For purposes of this Agreement, as of June , 2006, the Local Governments recognize, understand, and agree that the only costs to be shared under the Legal Services Agreement are the costs associated with the Engineering Consulting Services Agreement. 2.5 The Local Governments agree that this Agreement shall provide the legal vehicle and framework for the Law 9 EXECUTION VERSION 2.0, MAY 23, 2006 Firm hired pursuant to the Legal Services Agreement to provide additional services in connection with future activities pursuant to this Agreement, but that any such further activities shall be subject to the shared -funding provisions of this Agreement only upon the written execution of a written "memorandum of understanding and authorization" or similar document by each Local Government electing to participate in such activities on a shared - funding basis. 2.6 The Parties specifically agree that this Agreement shall be construed such that no individual Local Government shall be,limited by this Agreement to participating in any such activities only through this Agreement, and that it is the intent of all Parties to this Agreement that any individual Party (Local Government) shall be free to participate in any proceedings before any tribunal, court, executive agency, legislative or quasi -legislative body, or any other government agency, to promote its own interests as it deems appropriate. 2.7 Authorization for the Law Firm to enter into the Engineering Consulting Services Agreement, on behalf of the Parties and pursuant to the shared -funding provisions of this Agreement, is granted by all of the Parties upon the execution of this Agreement. Each Party to this Agreement further agrees to pay its share of the costs for the Engineering Consulting Services Agreement to the Law Firm within 20 days following execution of this Agreement. Article 3 - Duration, Term, and Termination 3.1 This Agreement shall be effective as between all of the Parties as of the _ day of June, 2006, and shall continue in effect until -the - earlier of (a) December 31, 2008 or (b) the date upon which there remains at most only one (1) Local Government that has not submitted a Notice of Termination of Participation in this Agreement as provided in Section 3.2. 3.2 Termination of a Party's participation in this Agreement shall be effected by the Party submitting a written Notice of Termination to each other Party. 10 EXECUTION VERSION 2.0, MAY 23, 2006 Termination shall not relieve a Party of the obligation to provide any funds that it has committed to provide, and termination shall not entitle a Party to a refund of any amounts paid in, except as provided in Section 10.3 below. Article 4 - Organization 4.1 The Municipal Underground Utilities Consortium is intended to be and shall be an organization, whether incorporated or not, for the purpose of furthering the undergrounding of electric and other utility and utility - type facilities, including the related purpose of furthering the state of knowledge regarding undergrounding. 4.2 It is the desire and intent of the Parties that decisions made under this Agreement shall be by consensus. However, if a consensus is not fully achievable in any particular instance, then decisions shall be made by the affirmative vote of at least two-thirds of all of the Parties to this Agreement that have agreed to participate in funding the activity with respect to which the decision is being made. 4.3 It is the desire and intent of the Parties that decisions made under this Agreement, relating to matters and issues other than activities for which the Parties have contributed funding support, shall also be made by consensus of those Parties who have contributed funding to other activities of the MUUC pursuant to this Agreement. If in a particular instance, a consensus is not fully achievable, then decisions regarding such issues or matters shall be made by the affirmative vote of two-thirds of all of the Parties to this Agreement that have contributed funding toward any activity of the MUUC pursuant to this. Agreement within two years preceding the date on which the decision is being made, providing that such Parties have not terminated their participation in this Agreement pursuant to Section 3.2 above. 4.4 If the Parties decide to form a corporate entity to carry out the purposes of this Agreement, they hereby agree that the Bylaws of such corporate entity shall reflect the decision rules set forth in Sections 4.2 and 4.3 above. 11 EXECUTION VERSION 2.0, MAY 23, 2006 Article 5 - Manner of Fundin 5.1 Funding shall initially be made by direct contributions by each Party participating in the initial cost-effectiveness study of undergrounding to the entity having responsibility to make disbursements. For the initial study, this means that the contributions shall be made to the Law Firm, which shall then disburse funds to the Engineering Firm in accordance with the Engineering Consulting Services Agreement. 5.2 Funding for subsequent activities shall be made via direct contributions by each Party participating in any such activity to either the Town of Palm Beach, or to the Law Firm, or to any other entity that the Parties may designate to be the recipient of such contributions and disburser of funds, provided that such designation of any other entity shall be reflected in a written "memorandum of understanding and authorization" or similar document executed by the participating Parties. 5.3 As provided in Articles 11 and 12 below, additional funding shall be sought from any lawful source. Article 6 - Manner of Disbursements 6.1 Disbursements made directly on behalf of the MUUC shall be made by checks drawn on the accounts of the MUUC or on accounts of any Party authorized to receive and disburse funds pursuant to this Agreement on behalf of the Parties. For purposes of the payments for engineering services contemplated under this Agreement, this shall include disbursements by check from the 1.aw Firm's trust account to the Engineering Firm. Article 7 - Method of Allocatina Cost Res-oonsibilit 7.1 Funding shall be shared by the I?arties participating in the MUUC on the following basis. For the initial comprehensive evaluation of the life -cycle costs, cost-effectiveness, and efficacy of undergrounding electric utility facilities contemplated by this Agreement, each 12 EXECUTION VERSION 2.0, MAX 23, 2006 Party's share shall be as set forth in Appendix 3, subject to potential adjustments as follows. The Parties understand that the amounts set forth in Appendix 3 are intended to be each Party's share of the undergrounding cost ---effectiveness study, but the Parties further understand that the amounts shown in Appendix 3 are subject to approval and authorization by the respective governing bodies (e.g., town councils or city commissions) of each town and city listed in Appendix 3. In the event that one or more Parties does not receive authorization by its governing body for the amount shown in Appendix 3, but receives funding for a lesser amount, then the Parties agree that each Party's share will be recalculated pursuant to the formula described in Section 7.2 immediately following this Section 7.1, so as to make up any difference. The maximum contribution of $12,000.00 shall continue to apply in any such recalculation. In its sole discretion, any Party may, at any time, unilaterally agree to provide, and may provide, funding in an amount greater than its share shown in Appendix 3 or calculated pursuant to Section 7.2. 7.2 For each future activity undertaken by the Parties pursuant to this Agreement, each Party may elect to participate or not participate in funding the activity. For those Parties that elect to participate in funding any such future activity, and for any additional parties (see Article 9 below) that join in the initial efforts contemplated under this Agreement, the following shall be the formula for determining each Party's share of the. funding (cost) of the activity. Each Party's share shall be computed as the total agreed -upon funding level for the activity multiplied by a factor calculated by (a) dividing the Party's population by the sum of the populations of all participating Parties, then (b) dividing the Party's taxable property value by the sum of the taxable property value of all. participating Parties, then (c) adding the values produced by steps (a) and (b) above together, and (d) dividing each Party's resulting sum by the total sum of all such factors for all participating Parties; provided, however, that in no event shall any Party's or Additional Party's share exceed any cap agreed to by the Parties for the specific activity. IN EXECUTION VERSION 2.0, MAY 23, 2006 7.3 Funding for specific activities may be made in any other manner mutually agreed upon by the Parties participating in funding such activity, provided that any such other funding method shall be incorporated in a written "memorandum of understanding and authorization" or similar document executed by all Parties participating in such activity. Article 8 - Manner of Employing, Engaging, Compensating, and Discharging Necessary Personnel and Firms, Including Purchasing Services and Enterina Into Contracts 8.1 The Parties, acting through the MUUC, shall engage the Law Firm pursuant to an appropriate written letter or agreement memorializing the terms of that engagement. 8.2 The Parties designate Thomas G. Bradford, Deputy Town Manager for the Town of Palm Beach, and Kathleen Dailey, Assistant City Manager of the City of Punta Gorda, as their authorized agents for purposes of signing any agreements authorized by the Local Governments, including, without limitation, the Legal Services Agreement pursuant to this Agreement and any future authorizations granted by the Parties. 8.3 The Law Firm and any other necessary providers of contract services shall be engaged by written agreement in the name of the Municipal Underground Utilities Consortium. To the extent authorized pursuant to the shared -funding provisions of this Agreement, payments to the Law Firm shall be made directly by the Town of Palm Beach. 8.4 The Parties agree and understand that the Engineering Firm shall be engaged as a consultant to the Law Firm; that the Local Governments shall remit their pro rata shares of the costs for the Engineering Consulting Services Contract to the Law Firm, which shall hold such funds in its trust account until disbursement to the Engineering Firm; and that the Engineering Firm shall be paid by the Law Firm directly. The Engineering Firm shall be engaged by the Law Firm through the Engineering Consulting Services Agreement, which shall identify the 14 EXECUTION VERSION 2.0, MAY 23, 2006 MUUC as a beneficiary of the work to be performed pursuant to that agreement. Article 9 - Additional Parties 9.1 Additional Parties. Any Florida municipality or Florida local government having the power to enter into interlocal agreements such as this Agreement may, subject to the provisions of this Agreement, join in the efforts and activities provided for by this Agreement. Any municipality or local government joining in these efforts after the initial execution of the Agreement shall be known as an "Additional Party." In general, recognizing the benefit that the contemplated cost-effectiveness study of undergrounding will provide to all Florida municipalities, the initial Parties to this Agreement support and encourage the participation of Additional Parties. 9.2 Funding Contributions by Additional Parties. Any Additional Party joining this Agreement after its initial execution shall pay a share of the cost of the cost- effectiveness study of undergrounding calculated pursuant to the formula set forth in Section 7.2 above, subject to a per -Party maximum contribution of Twelve Thousand Dollars ($12,000.00). Payment shall be made in accordance with Sections 2.7 and 5.1 above. Article 10 - Provision for Return of Any Surplus Funds to Participating Parties 10.1 Once a Party has committed in writing to participate in the Undergrounding Cost -Effectiveness Study, its payment shall, be made to the Law Firm within twenty (20) days following the Party's execution of this Agreement. Except as provided in this Article 10, no part of any such payment shall be refundable,.including if and when the Local Government withdraws from the MUUC. 10.2 Once a Party has committed in writing to participate in any other activity of the MUUC, its payment shall be made to the Town of Palm Beach (in the case of an agreement to fund activities by the Law Firm), to the Law 15 EXECUTION VERSION 2.0, MAY 23, 2006 Firm (for example, in the case of additional work activities to be undertaken by the Engineering Firm), or to another entity as designated in writing by the Parties, forthwith. Except as provided in this Article 10, no part of any such payment shall be refundable, including if and when the Local Government withdraws from the MUUC. 10.3 If there are undisbursed funds remaining in connection with any activity authorized by the Parties at the conclusion of such activity, and after all invoices and costs have been duly paid, then any such undisbursed funds shall be refunded by the entity then in possession of such funds (e.g., the Law Firm in the case of funds held in the Law Firm's trust account toward payments to the Engineering Firm, or the Town of Palm Beach in the case of funds held by the Town of Palm Beach in connection with anticipated payments to the Law Firm) to each Local Government that contributed funds to such activity, pro rates, according to the percentage that each respective Local, Government contributed to the total amount of funds contributed toward the shared funding support of such activity. Article 11 - Acceptance of Gifts, Grants or Assistance Funds 11.1 The MUUC is authorized to apply for, request, receive and accept gifts, grants, or assistance funds from any lawful.. source to support any activity authorized under this Agreement. It is the intent of the Parties that the MUUC apply for, request, and obtain as much support from other sources as is lawful to further the efforts of the MUUC under this Agreement. It is further the intent of the Parties that this Agreement shall be construed as broadly as possible to promote the acquisition of gifts, grants, or assistance funds to support the purposes of this Agreement from any other lawful sources. Article 12 -- Makina of Claims for Federal or State Aid 12.1 The MUUC is authorized to apply for, request, receive and accept any available federal or state aid, grants, or assistance funds to support any activity authorized under this Agreement. It is the intent of the WIN EXECUTION VERSION 2.0, MAY 23, 2006 Parties that the MUUC apply for, request, and obtain as much support from federal, state, and other sources as is lawful to further the efforts of the MUUC under this Agreement. It is further the intent of the Parties that this Agreement shall be construed as broadly as possible to promote the acquisition of federal or state aid or assistance funds to support the purposes of this Agreement. Article 13 - Indemnification; Manner of Resp_qnding to An Claims for Liability; Insuring Against Such Liability 13.1 Indemnification. Each Party shall be liable for its own actions and negligence. To the extent permitted by law, each Party shall indemnify, defend, and hold harmless the other Parties against any actions, claims, or damages arising out of the Party's negligence of actions. The foregoing indemnification shall not constitute a waiver of sovereign immunity beyond the limits set forth in Section 768.28, Florida Statutes, nor shall it be construed to constitute an agreement by any Party to indemnify any other Party for such other Party's negligent, willful, or intentional acts or omissions. 13.2 Desponding to Claims for Liability. Each Party shall respond on its own behalf for any claims involving its own actions and negligence. If a claim is made against the MUUC or against all Parties together, then the Parties shall first meet to discuss and negotiate among themselves as to how best to respond to any such claims and as to how to fund any expenses associated with such response. If the Parties do not reach another agreement as to funding any response to a claim made against the MUUC or against all Parties together, then the Parties shall make any relevant decisions pursuant to the decision -making provisions of Sections 4.2 or 4.3 above, as either section may be applicable in a particular instance. 13.3 The parties may, pursuant to the decision -making provisions of Section 4.2 or 4.3 above, as applicable, undertake to procure insurance against liability that might be incurred by the MUUC or by the Parties together. 17 EXECUTION VERSION 2.0, MAY 23, 2006 13.4 Survival of Obligation3. This Article 13 shall survive the termination of this agreement. Any other term, condition, covenant, or obligation that requires the performance by a Party, relative to its obligations under this Article 13, subsequent to she termination of this Agreement shall remain enforceable against such Party subsequent to such terminatior__ Article 14 - Dispute Resolution 14.1 Resolution Of Disputes Relative to Parties' Payment Obligations to Support the Joint Efforts Contemplated In This Agreem=nt. In the event that any dispute, controversy or clE.�_m relating to the Parties' payment obligations arisin,. out of or relating to this Agreement or relating to t:;.e breach, termination or validity thereof should a,..i.se between the Parties (a "Dispute"), the Party or arties asserting the existence of a Dispute shall deliver tr, the other Parties a written notice identifying the diputed issue. The Parties shall first meet, through desi�-:nated representatives having authority to resolve and such Dispute, for the purpose of resolving such Dispute informally. -In the event that the Dispute cannot be resol-ed informally, then any Party may initiate binding arbita.ation proceedings, which shall be conducted in accordanc with the then -current American Arbitration Associatic;i's ("AAA") Large, Complex Commercial Rules or other mutual'y agreed upon procedures. Each Party that participates in rbitration proceedings pursuant to this Agreement shall -)ear its own attorneys' fees and costs, and all other costs incurred by such Party, in connection with the arbitration. 14.2 Resolutior- of All Other Disputes. In the event that any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or validity thereof sT.ould arise between the Parties (a "Dispute"), the Pa--ty or Parties asserting the existence of a Dispute shall dcliver to the other Parties a written notice identifyin; the disputed issue. The Parties shall first meet, through designated representatives having authority to resc-lve any such Dispute, for the purpose of resolving such Dispute informally. In the event that the EXECUTION VERSION 2.0, MAY 23, 2006 Dispute cannot be resolved informally, then any Party may initiate binding arbitration proceedings, which shall. be conducted in accordance with the then -current American Arbitration Association's ("AAA") Large, Complex Commercial Rules or other mutually agreed upon procedures. Each Party that participates in arbitration proceedings pursuant to this Agreement shall bear its own attorneys' fees and costs, and all other costs incurred by such Party, in connection with the arbitration. 14.3 It is the Parties' intent that any arbitration proceedings conducted under this Agreement be held in Palm Beach County, Florida, or in another location that is mutually acceptable to all Parties involved in the arbitration proceedings. Article 15 - Accountability for Funds; Audit 15.1 Accounting. Each entity that receives funds from the participating Local Governments in furtherance of the activities contemplated by this Agreement, including, without limitation, the Town of Palm Beach and the Law Firm, shall be accountable for. the prudent handling of funds received and for disbursing funds only for authorized purposes pursuant to this Agreement. Each such entity shall, upon completion of its duties with respect to such funds received, provide an unaudited accounting of receipts of such funds and expenditures made from such funds. Such unaudited accounting shall be of the type and scope that such entity normally prepares for its own internal records of such transactions, and such accounting may, if practicable, be accomplished simply by the respective entity's furnishing copies of its accounting records and bank statements with the receipts and expenditures indicated. 15.2 Audit. Any Party may, at its sole expense, have an audit of the receipts and expenditures pursuant to this Agreement conducted by a Certified Public Accounting firm licensed to practice in the State of Florida. 19 EXECUTION VERSION 2.0, MAY 23, 2006 Article 16 - Representations and Warranties 16.1 By the signature of its authorized representative below, each Local Government confirms, represents, and warrants to all other Parties to this Agreement that it has the requisite approval of its governing council, commission, board, or other governing body to enter into this Agreement, and that the person signing on behalf of each Local Government is duly authorized to bind the Local Government to all of the terms, provisions, and conditions of this Agreement. Article 17 Miscellaneous Provisions 17.1 Entire Agreement, This Agreement is intended by the Parties as the final expression of their agreement, is intended also as a complete and exhaustive statement of their agreement with respect to the subject matter contained herein, and supersedes any previous agreements or understandings between the Parties. 17.2 Severability. If any term or provision of this Agreement should be held by any court or other authority of competent jurisdiction to be invalid, void, unenforceable or against public policy, the remainder of this Agreement will remain in full force and effect and will in no way be adversely affected; provided, however, that the severance of such term or provision does not render the performance of a Party's material obligations pursuant to this Agreement impracticable or impossible. 17.3 Amendments. This Agreement shall only be modified or amended by a written agreement, which may include a memorandum of understanding and authorization as contemplated in Sections 5.2 and 7.3 above or a written amendment memorandum pursuant to Section 17.5 below, duly signed by the persons authorized to sign agreements on behalf of each respective Party. Any such amendments to this Agreement shall be identified appropriately so as to avoid any confusion. 20 EXECUTION VERSION 2.0, MAY 23, 2006 17.4 Execution. The Parties understand and agree that each is executing this version of the Agreement, titled "EXECUTION VERSION 2.0, MAY 23, 2006" ("Execution Version") and that each Party has a copy of this Execution Version and has had an adequate opportunity to review same. For convenience and efficiency, the Parties agree that execution of this Agreement shall be accomplished as follows: each Party shall execute a signature page bearing appropriate identifying information for the person authorized to sign on behalf of the Party, and each Party's execution of that signature page shall be recognized as full and complete execution of this Agreement as though the Parties had all signed the same signature page. Each Party shall submit an original signed signature page to Mr. Thomas G. Bradford, Deputy Town Manager for the Town of Palm Beach, who, by agreement of the Parties, will hold all signed original signature pages. 17.5 Execution by Additional Parties. Recognizing the nature of the initial project to be undertaken through this Interlocal Agreement, i.e., the comprehensive cost- effectiveness study of undergrounding electric distribution facilities to be funded through this Agreement and performed by the Engineering Firm, and recognizing that the results of that study will benefit other municipalities and other local governments in Florida, the Parties agree that additional local governments may join in the efforts contemplated by this Agreement. Any additional municipality or other local government that joins this effort shall do so by executing a signature page in the same form as those executed by each initial Party identified hereinabove; such additional local government's joining and participation shall be acknowledged by a written amendment memorandum, to be as brief as possible, confirming same, which shall be executed via individual signature pages by all Parties. 17.6 Notices. All notices or other communications to be given or made hereunder shall be in writing, Shall be addressed for the attention of the Persons indicated on the attached Appendix 4, and shall be delivered personally or sent by a nationally recognized overnight courier service or facsimile. 21 EXECUTION VERSION 2.0, MAY 23, 2006 17.7 Force Majeure Events. A "Force Majeure Event" shall mean an event or circumstance that is not reasonably foreseeable, is beyond the reasonable control of and is not caused by the negligence or lack of due diligence of the affected Party or its contractors or suppliers. Such events or circumstances may include, but are not limited to: actions or inactions of civil or military authority (including courts and governmental or administrative agencies), acts of God, war, riot or insurrection, terrorism, blockades, embargoes, sabotage (including, but not limited to, arson and vandalism), epidemics, explosions and fires not resulting from the negligence or lack of due diligence on the part of the affected Party, hurricanes, floods, strikes, lockouts or other labor disputes (not caused by the failure of the affected Party to comply with the terms of a collective bargaining agreement). Other than the obligation to pay money, which shall not be suspended in or. due to a Force Majeure Event, no Party shall be liable to any other Party or Parties for any failure or delay in performance of any obligation under this Agreement due to the occurrence of a Force Majeure Event. Whenever a Force Majeure Event occurs, the Parties shall, as quickly as possible and to the extent consistent with the affected Party's or Parties' best commercially reasonable efforts, eliminate or cure the cause of the Force Majeure Event and resume performance in full compliance with this Agreement. 17.8 Choice of Law. This Agreement shall be governed by and construed in'accordance with the laws of the State of Florida, without reference to its conflict of laws rules or any principles that would trigger the application of any other law. The Parties agree that any arbitration proceedings conducted under this Agreement shall be held in Palm Beach County, Florida, or in another location that is mutually acceptable to all Parties involved in the arbitration proceedings. 17.9 Assignment. It is expressly understood and agreed that this Agreement is made by, between, and among the Parties who have executed the Agreement. No Party shall have the right to assign any rights, duties, benefits, or other interests that it may have pursuant to this Agreement M EXECUTION VERSION 2.0, MAX 23, 2006 without the express written consent of all other Parties to the Agreement. 17.10 Survival. The provisions of Article 1 (Definitions), Article 13 (Indemnification; Manner of Responding to Claims for Liability and insuring Against Liability), Section 14 (Resolution of Disputes), and this Article 17 (Miscellaneous Provisions), together with any other provisions of this Agreement relating to the handling of confidential information, shall survive the termination of this Agreement. IN WITNESS WHEREOF, the Parties, pursuant to the Execution provisions set forth in Section 17.4 above, have executed and delivered this Agreement as of the date first above written. The signature pages are set forth beginning at page S-1 of this Agreement. 23 APPENDIX 1 YOUNG VAN ASSENDERP, P.A. ATTORNEYS AT LAW . 'kftornaya., Tasha Q. 81 o'rd David S. D a Ronald A. ,r b aky jahAT..L rm� III 5. a win Thticthy : Qualls K,bt a * :, n.Askaiiwv Row : 4how Wright Ray C Youns 01 ,gory L. Booth, P.E., President P wer Services, Inc- ] 09 Heritage, Commerce Court ' fake Forest, NC 27587 Gallic's Hall 225 South Adams street Suite 200 office Box 1833 (2:1P 32302-1833) Tallahassee, Florida 32301 Telephone, (850) 222-7206 Tolecopler (850) 561.6934 May 17, 2006 DRA� Re: Engagement for Undergrounding Study Dear Mar. Bootle,: Of Counsel Attorneys: Daniel H. Cox David B. Erwin Joseph W. L4nders, R CseMp Ann C. Bracko Executive Director By this letter, Young van Assenderp, P.A. ("YVA"), in its role as special counsel to the Municipal Underground Utilities Consortium (`hMC"), is agreeing to engage your company, Power Services, Inc. ("Power Services"), to provide, engineering consulting services as described in your letter and accompanyingproposal dated April 12, 2005. A copy of your letter and proposal are attached to this letter and are incorporated as an integral part of this agreement. Your signature below will confum acceptance on behalf of Power Services, Inc. The only modifications to your April 12 letter that are effected by this letter are as follows: 1, Power Services is not authorized to. begin work, and YVA is not obligated tb pay for.any work performed, until YVA shall have issued a written Notice to Proceed. Such Notice,to Proceed will be issued as soon as practicable in light of funding made available to YVA by the MUUC. 2. The initial Notice to Proceed may be limited to individual phases of the Undcrgrounding Study as specified in your April 12 proposal, If the initial Notice APPENDIX 1 to Proceed is thus limited, then authorization to, perform work, add YVA's corresponding obligation to pay for such work, shall be Iimited to. the phase scope and dollar amount sat forth on the page of your April 12 proposal titled "FLORII)A UNDERGROUNDING STUDY, SUMMARY FEE SCHEDULE." 3. Power Services understands that YVA is paying for the services solely with hnds to be provided by the MUUC, and. that YVA will pay Power Services for satisfactorily completed work, including partially completed work, as soon as roesormbly practicable following such completion of work. By way of example, muming that ftds are immediately available to YVA, and assuming that a portion of the work. has been satisfactorily completed, YVA will endeavor to remit payment to Power Services within five (S) business days. Please. execute one copy of this letter and return to me at your earliest convenience. I wily issue a Notice to Proceed as soon as the MUUC confirms its funding commitment to YVA. Please call tne. with any questions. I look forward to working with you on tbis neawialgUl project, Cordially yours, 1609 Hed Cornmrce Court APPENDIX 1 wakeForest, NC 27587 P 1" 1-666-DG S1aLL (347-5455), Ext 257 Tel: 919-453-1756 M,rmpppwrsrrli ierikw53-1768 l� 'orrlJll r' .�: 919. im powerserv►ces,camtt April 12, 2006 Mr, SdW Wright Young, t O,, ASsenderp Law n5 SouthAdams:Street 7allahan":. Morlda =01 subject Llndergrounding Study Phases I III Services Dear -Mr Wright. Per your request; I am forwarding this .letter of engagement. The scope of work is based upon Phases I,1I, and III of our March 29, 2006 proposal. The. total project. fee Is A. not -to -exceed amount for the scope .of work we have dlsa ssed, a5 reflecbad ' on the attached Summary Fee Schedule, unless a change In $cope 1s ottierwir , outhgrtzed in writing. BIIlIng will be on a monthly basis in accordance with the elYbrt expended using our Municipal Standard Schedule of Rates. Please w =te one copy of this letter and return to us to engage PowerServicess for this project. If you. have any.questlons or requlre any clarification, please contact me. We Iwk fbrward to providing our services to you and your clients. Si?Ory l G. Booth,PE President PowefServlce!, Inc. glblsk Attachment Authortration for Phases I,1I, and III: Acceptance signature Printed Name. FLORIDA UNDERGROUNDING STUDY SUMMARY FEE SCHEDULE(') PROJECT FEE(;) $ 120,000.00 cif Fee schedule Is based on the scope of work presented In PowerServices' March 29, ZOOb proposal The Wal fee refledzd In the not -to -exceed price for the proposed scope of work. Page 1 of 1 IBC x Q z w w a 9�IIIIFEIIII �EuIUIIINII p'IInP��llll ��INII�C�Inll �IIIIIP�III �l1111�9��IIII ��ill�ltl�l � �61111111�pI1 all In APPENDIX 2 May 23, 2006 Thomas G. Bradford, Assistant Town Manager Town of Palm Beach P.Q. Box 2029 Palm Beach, Florida 33480 Parties to the Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation, Dated the th day of June, 2006 Dear Mr. Bradford and Representatives of the Parties to the Interlocal Agreement: Thank you for engaging Young van Assenderp, P.A., and me to represent the interests of the Parties to the above --- referenced Interlocal Agreement in their efforts to promote underground electric service in Florida on the most cost- effective terms possible. As per the terms of the Interlocal Agreement, this engagement letter will refer to the Parties collectively as the Municipal Underground Utilities Consortium or "MUUC." This engagement letter sets forth our understanding as to the nature and scope of the services that Young van Assenderp will provide to the MUUC in connection with this matter, our agreement regarding fees for the contemplated services, and the terms on which fees and costs will be charged in the course of the proposed engagement. Scope of Representation and Services to be Provided As we have discussed in several conference calls involving the MUUC Parties, this engagement will involve our representing the MUUC in connection with its efforts to obtain underground electric service, including conversions 1 APPENDIX 2 of existing overhead distribution facilities to underground, on the most cost-effective terms possible, and subject to fair and reasonable non -price terms and conditions. Initially, this engagement will include only our services as the entity that will engage Power Services, Inc., as engineering consultants in connection with the comprehensive evaluation of the life -cycle costs, cost- effectiveness, and efficacy of undergrounding electric utility facilities that is contemplated by the Interlocal Agreement. In this role, we will engage the engineering consultants, coordinate their work, and communicate to the MUUC members through the Town of Palm Beach, with whom we have a separate representational relationship in connection with undergrounding issues. This engagement may be expanded, at the discretion of the MUUC and upon the agreement of Young van Assenderp, and specifically subject to the "Conflict Waiver" provision below, to include advice and consultation on undergrounding, electric infrastructure reliability, and related issues; representation in tariff approval, rulemaking, and other proceedings before the Florida Public Service Commission; representation in legislative activities before the Florida Legislature or before any other legislative or quasi - legislative body in Florida having relevant jurisdiction; representation in any other relevant proceedings and activities before any court, tribunal, executive agency, or other governmental entity having jurisdiction over relevant subject matter; and any other activities relative to the general subject matter of electric system reliability and undergrounding of electric facilities and other utility and utility -type facilities. Conflict Waiver Each Party to this engagement agreement, regardless whether such Party is an individual signatory hereto, hereby expressly understands that Young van Assenderp, P.A., has pre-existing representational relationships in relation to the subject matter of this engagement with the Town of Palm Beach, Florida, and with the Town of Jupiter Island, 2 APPENDIX 2 Florida, and each Party to this engagement agreement, after consideration and after having the opportunity to discuss this issue and this engagement agreement with its own counsel, hereby: (1) agrees that this engagement agreement may not be invoked in any way to prevent, inhibit, limit, or interfere with Young van Assenderp's services to the Town of Palm Beach or the Town of Jupiter Island in relation to their representation by Young van Assenderp in connection with undergrounding and related issues, and (2) expressly waives any claim of conflict of interest relative to the representation of the Town of Palm Beach or the Town of Jupiter. Island by Young van Assenderp. Fees for Services and Cost Reimbursement As to the initial scope of representation, i.e., engaging and coordinating the work of the engineering consultants, Young van Assenderp will not charge the MUUC any fees or costs. Any additional work will only be undertaken upon the written authorization of the MUUC. Any such work will be provided on an hourly -fee basis at our current rates as set forth on the attached schedule. Young van Assenderp will also charge for reimbursement of certain out-of-pocket costs and expenses, together with applicable taxes, if any, including: photocopying costs, telecopying costs, all reasonable travel expenses (coach class for domestic air flights), long distance telephone charges, express courier service (e.g., Federal Express) charges, extraordinary postage (e.g. Express Mail or postage expenses for a large -volume mailing), computer research charges, court reporting fees, filing fees, and recording costs. Payment of Fees and Costs No initial retainer payment will be required for this representation. Invoices for any for services provided to the MUUC pursuant to the Interlocal Agreement will be submitted to the Town of Palm Beach monthly, shortly after the first of each month, and we will expect payment within fifteen days of the invoice date. The Parties to the Tnterlocal Agreement, i.e., the MUUC 3 APPENDIX 2 members identified in the Interlocal Agreement, understand and agree that they are obliged to reimburse Young van Assenderp for all costs, up to the specified maximum of One Hundred Twenty Thousand Dollars ($120,000.00) for the subject engineering services, and that remittance of each Party's share shall be made to the Young van Assenderp, P.A. Trust Account pursuant to the provisions of the Interlocal Agreement, Commencement of Representation Our engagement with respect to this matter will commence upon receipt of a counter -signed copy of this engagement letter, executed by a person or persons pursuant to due authorization by the Parties to the Interlocal Agreement. My signature below confirms my agreement, and Young van Assenderp's agreement, to this engagement on the terms set forth above. 4 APPENDIX 2 Thank you again for the opportunity to be of service. I look forward to working with the Parties to the Interlocal Agreement on these important matters. 2006. Cordially yours, YOUNG VAN ASSENDERP, P.A. Robert Scheffel Wright For the Firm Accepted and agreed to this (Signature) (Printed Name) day of June, As the Authorized Representative of The Parties to the Interlocal Agreement Dated the day of June, 2006 5 YOUNG VAN ASSENDERP P.A. SCHEDULE OF BILLING RATES, 2006 ATTORNEY/SERVICE PROVIDER ROY C. YOUNG KENZA VAN ASSENDERP DAVID S. DEE JOSEPH W. LANDERS JOHN T. LAVIA, III PHILIP PARSONS TIMOTHY QUALLS , ROBERT SCHEFF'EL WRIGHT I,,AW CLERKS * * NOT AN ATTORNEY HOURLY RATE $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 200 $ 75 EXECUTION VERSION 2.0, MAY 23, 2006 APPENDIX 3 FUNDING SHARES FOR EACH PARTY IN SUPPORT OF COMPREHENSIVE LIFE -CYCLE COST-EFFECTIVENESS AND EFFICACY EVALUATION OF UNDERGROUNDING ELECTRIC DISTRIBUTION FACILITIES Local Government Funding Share The City of Boca Raton, Florida $ 12,000 The City of Bonita Springs, Florida 7,500 The City of Cocoa Beach, Florida 3,004 The City of Coconut Creek, Florida 7,899 The City of Cooper City, Florida 4,785 The Town of Golden Beach, Florida 467 The Town of Gulf Stream, Florida 478 The Town of Highland Beach, Florida 1,721 The Town of Juno Beach, Florida 1,063 The Town of Jupiter, Florida 9,964 The Town of Jupiter Inlet Colony, Florida 184 The Town of Jupiter Island, Florida 1,244 The City of Lighthouse Point, Florida 2,381 The Town of Manalapan, Florida 545 The City of Melbourne, Florida 10,753, The City of Naples, Florida 11,743 The Village of North Palm Beach, Florida 2,492 The Town of Ocean Ridge, Florida 638 The Town of Palm Beach, Florida 8,073 The Town of Palm Beach Shores, Florida 488 The City of Palmetto, Florida 1,924 The City of Plantation, Florida 12,000 The City of Punta Gorda, Florida 3,498 The City of Satellite Beach, Florida 2,037 The Town of Sewall's Point, Florida 614 The Town of South Palm Beach, Florida 392 The Town of Surfside, Florida 1,327 The City of Tamarac, Florida 8,539 The City of Wilton Manors, Florida 2,245 TOTAL $120,000 24 EXECUTION VERSION 2.0, MAY 23, 2006 APPENDIX 4 PARTIES AND NOTICE INFORMATION FOR PARTIES TO THAT CERTAIN INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES, Dated the th day of June, 2006, By, Between, and Among The City of Boca Raton, Florida George S. Brown, Deputy City Manager City of Boca Raton 201 West Palmetto Park Road Boca Raton, FL 33432-3795 Telephone:(561)393-7703 Facsimile_ (561)367--7014 E-mail: gbrown@ci.boca-raton.fl.us The Citv of Bonita Snrinas, Florida Gary.A. Price, City Manager City of Bonita Springs 9101 Bonita Beach Road Bonita Springs, FL 34135 Telephone (239)949-6238 Facsimile (239)949-6239 E-mail: gary.price@cityofbor.itasprings.org The City of Cocoa Beach, Florida Chuck Billias, City Manager City of Cocoa Beach City Hall 2 Orlando Avenue Post Office Box 322430 Cocoa Beach, Florida 32932-2430 Telephone (321)868-3200 Facsimile (321)868-3226 E-mail: cbillias@ci.tvofcocoabeach.com The Citv of Coconut Creek, Florida 25 EXECUTION VERSION 2.0, MAY 23, 2006 David J. Rivera, Deputy City Manager City of Coconut Creek 4800 West. Copans Road Coconut Creek, Florida 33063 Telephone (954)973-6720 Facsimile (954)328-7020 E-mail: Drivera@coconutcreek.net The City of Cooper City, Florida Michael. F. Bailey, P.E. Utilities Director/City Engineer Cooper. City Utilities Department Telephone (954)434-5519 Facsimile E--mail:mbailey@coopercityfl.org The Town of Golden Beach, Florida Bonilyn Wilbanks--Free, Town Manager 1 Golden Beach Dr. Golden Beach. FL 33160-2296 Telephone Facsimile E-mail: bwilbanks-free@townofgoldenbeach.org The Town of Gulf Stream, Florida William H. Thrasher, CM, CGFO, CGFM Town Manager Town of Gulf Stream 1.00 Sea Road Gulf Stream, FL 33483 Telephone (561)276-5116 Facsimile (561)737--0188 E-mail: bthrasher@qulf-stream.orq Fd EXECUTION VERSION 2.0, MAY 23, 2006 The Town of Highland Beach, Florida Dale Sugerman, Town Manager Town of Highland Beach 3614 S. Ocean Boulevard Highland Beach. FL 33487 Telephone (561)278-4548 Facsimile (561) E-mail: bthrasher@qulf--stream.or The Town of Juno Beach, Florida Jeffrey Naftal, Town Manager Town of Juno Beach 340 Ocean Drive Juno Beach, FL 33408 Telephone (561) 626-1.122 Facsimile (561) E-mail: �naftal@Juno-beach.fl.us The Town of Jupiter, Florida Andy Lukasik, Town Manager Town of Jupiter 210 Military Trail Jupiter, FL 33458-5784 Telephone (561) 741--2214 Facsimile (561) E-mail: andyl@jupiter.fl.us The Town of Jupiter Inlet Colonv, Florida Joann Manganiello, Town Administrator Town of Jupiter Inlet Colony 1 Colony Road Jupiter Inlet Colony, FL 33469 Telephone (561)746-3787 Facsimile (561)746-1068 E-mail: �icolonv@bellsouth.net 27 EXECUTION VERSION 2.0, MAY 23, 2006 The Town of Jupiter island, Florida Joseph Connolly, Town Manager Town of Jupiter Island 2 Bridge Road Hobe Sound, Florida 33480 Telephone (772)545-0100 Facsimile (772)545-0188 E-mail: (Please verify) jconnolly@tji.ma.rtin.fl.us The Citv of Liahthouse Point, Florida The Town of Manalapan, Florida Gregory L. Dunham, Town Manager Town of Manalapan 600 South Ocean Boulevard Manalapan, FL 33462-3398 Telephone (561)383-2540 Facsimile (561)585-9498 E-mail: gdunham@manalaoan.ora The City of Melbourne, Florida The City of Naples, Florida The Village of North Palm Beach, Florida The Town of Ocean Ridae, Florida K.4j EXECUTION VERSION 2.0, MAY 23, 2006 The Town of Palm Beach, Florida Thomas G. Bradford, Deputy Town Manager Town of Palm Beach 360 South County Road Palm Beach, Florida Telephone (561)838-5410 Facsimile (561)838-5411 E-mail: Tbradford@TownofPalmBeach.com The Town of Palm Beach Shores, Florida Cynthia Lindskoog, Town Administrator Town of Palm Beach Shores Town Hall 247 Edwards Lane Palm Beach Shores, FL 33404-5792 Telephone (561)844--3457 Facsimile (561)863--1350 E-mail: cindypbs@adelphia.net The Citv of Palmetto. Florida The Citv of Plantation, Florida The City of Punta Gorda, Florida Kathleen Dailey, Assistant City Manager City of Punta Gorda City Hall Annex 326 West Marion Avenue Punta Gorda, FL 33950 Telephone (941)575-3306 Facsimile (941)575-3310 E-mail: Kdailev@CI.PUNTA-GORDA.FL.US PIK EXECUTION VERSION 2.0, MAY 23, 2006 The City of Satellite Beach, Florida The Town of Sewall's Point, Florida The Town of South Palm Beach, Florida Rex Taylor, Town Manager Town of South Palm Beach [street address] South Palm Beach, Florida 334 Telephone (561)588-8899 Facsimile (561)588-6632 E-mail: rtaylor@southpalmbeach.com The Town of Surfside, Florida The City of Tamarac, Florida Jeffrey L. Miller, City Manager w/ copy to City Attorney City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321 Telephone (954) 597-3510 Facsimile (954) 597-3520 E-mail: jeffm@tamarac.org The City of Wilton Manors, Florida Joseph L. Gallegos, City Manager City of Wilton Manors 524 NE 21 Court Wilton Manors, FL 33305 Telephone (954)390-2191 Facsimile (954) E-mail: 30 EXECUTION VERSION 2.0, MAY 23, 2006 31 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the . th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF BOCA RATON, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -- 1 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF BONITA SPRINGS, FLORIDA In accordance with Section 11.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Warty are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE; PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -- 2 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF COCOA BEACH, FLORIDA In accordance with Section. 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that. the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, .information, and -belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE SIGNATURE TYPED OR PRINTED NAME S- 3 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF COCONUT CREEK, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information; and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S- 4 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF COOPER CITY, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS TYPED OR PRINTED NAME S- 5 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF GOLDEN BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the _ day of June 2006, to which the Local. Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF GULF STREAM, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. 041e7B: 114)"M PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S - 7 INTEALOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF HIGHLAND BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility . Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations ,and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME ME INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF JUNO BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relatives to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S- 9 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF ,7UPITER, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief,.as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-10 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF JUPITER INLET COLONY, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -11 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF JUPITER ISLAND, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date 'that this signature page is executed. r���50 PRINTED/TYPED NAME TITLE F97-11M WITNESS SIGNATURE TYPED OR PRINTED NAME S -12 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF LIGHTHOUSE POINT, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement,.that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -13 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF MANALAPAN, FLORIDA In accordance with Section 17.4 of that certain 7nterlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -14 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF MELBOURNE, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrcunding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief,' as of the date that this signature page is executed. 6099001i_V111162 l PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-15 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF NAPLES, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. [.01meftvt t PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-16 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE VILLAGE OF NORTH PALM BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party`s acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information,'and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-17 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF OCEAN RIDGE, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local. Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-1.8 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF PALM BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the _ day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-19 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF PALM BEACH SHORES, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-20 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF PALMETTO, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign�on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. ��e�av�►ra�� PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -21 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF PLANTATION, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S- 22 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF PUNTA GORDA, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE IWdaAmi).iaa$ft aamin ii=Tuial S --2 3 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF SATELLITE BEACH, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements,,obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S --2 4 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF SEWALL'S POINT, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME s-25 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF SOUTH PALM BEACH, FLORIDA In accordance with Section 1.7.4 of that certain Interlocal Agreement to Promote Undergroundi.ng of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S -2 6 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE TOWN OF SURFSIDE, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party`s acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of -the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE TYPED OR PRINTED NAME S-27 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the -14—th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF TAMARAC, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the -�-LiF-h day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Warty are true and correct.to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE p PRINTED/TYPED NAME Beth Flansbaun--Talabisco TITLE Mayor, City of Tamarac DATE WITNESS%�.� SIGNATURE Marion Swenson, CMC, City Clerk TYPED OR PRINTED NAME S-28 INTERLOCAL AGREEMENT TO PROMOTE UNDERGROUNDING OF UTILITY FACILITIES AND RELATED IMPLEMENTATION ACTIVITIES Dated the th day of June, 2006 SIGNATURE PAGE FOR THE CITY OF WILTON MANORS, FLORIDA In accordance with Section 17.4 of that certain Interlocal Agreement to Promote Undergrounding of Utility Facilities and Related Implementation Activities, Dated the day of June 2006, to which the Local Government identified above is a Party, the person whose signature appears below confirms the Party's acknowledgment that the Party has received and had an adequate opportunity to review the Execution Version of the Agreement, that he or she has due authority to sign on behalf of the Party and to bind the Party to its agreements, obligations, and covenants under the Agreement, and that all representations and warranties set forth in the Agreement relative to the Party are true and correct to the best of his or her knowledge, information, and belief, as of the date that this signature page is executed. SIGNATURE PRINTED/TYPED NAME TITLE DATE WITNESS SIGNATURE S-29