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City of Tamarac Resolution R-2001-184
Temp. Reso. #9420 June 7, 2001 1 Revision 1, July 2, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-184 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ACCEPT AND EXECUTE THE FOURTH AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN THE CITY OF FORT LAUDERDALE AND THE CITY OF TAMARAC, DEFINING REPLACEMENT COST FOR THE RENEWAL AND REPLACEMENT ACCOUNT, AND EXTENDING THE LARGE USER WASTEWATER AGREEMENT UNTIL DECEMBER 31, 2021; AUTHORIZING FUNDING FOR THE RENEWAL AND REPLACEMENT ACCOUNT NOT TO EXCEED THE CITY OF TAMARAC'S PERCENTAGE OF FLOW FOR TREATMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac executed a Large User Agreement with The City of Fort Lauderdale for Wastewater Treatment and Transmission on October 28, 1981, which was executed by City of Fort Lauderdale on April 20, 1982; and WHEREAS, the Large User Agreement provided for the wastewater treatment for the eastside of Tamarac; and WHERAS, The City of Fort Lauderdale and the City of Tamarac approved three previous amendments to the Agreement executed on April 20,1982, June 17, 1986 and May 13, 1987; and Temp. Reso. #9420 June 7, 2001 2 Revision 1, July 2, 2001 WHEREAS, The Fourth Amendment to the Large User Agreement would define what replacement cost can consist of in the renewal and replacement account and extend the original agreement until December 31, 2021; and WHEREAS, the Large User Agreement is specific as to the method of determining the cost of the funding to the renewal and replacement account, and is based on the proportion of wastewater flow treated by each member including The City of Tamarac; and WHEREAS, available funds exist in the Utilities Operations Fund for said purpose; and WHEREAS, the present Large User Agreement is approaching an end; and WHEREAS, the Director of Utilities recommends the City execute the Fourth Amendment to the Large User Agreement with the City of Fort Lauderdale for the establishment of a renewal and replacement account and the extension of the original agreement until December 31, 2021; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to accept and execute the Fourth Amendment to the Large User Agreement with The City of Fort Lauderdale defining replacement cost for the renewal and replacement account and the extension of the original agreement until December 31, 2021. Temp. Reso. #9420 June 7, 2001 3 Revision 1, July 2, 2001 NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. SECTION 2: The appropriate City Officials are hereby authorized to accept and execute the Fourth Amendment to the Large User Wastewater Agreement between The City of Fort Lauderdale and the City of Tamarac, ( a copy of which is attached hereto as Exhibit 1 "), for the establishment of a renewal and replacement account and the extension of the original agreement until December 31, 2021. SECTION 3: The City Commission authorizes the appropriate City Officials to permit funding for the renewal and replacement account from the appropriate Utilities Operational Fund entitled "WASTEWATER DISPOSAL CHARGES " not to exceed the City's portion of contribution to the Large User Agreement. SECTION 4: All resolutions in conflict herewith are hereby repealed to the extent of such conflict. L Temp. Reso. #9420 June 7, 2001 4 Revision 1, July 2, 2001 SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portion or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11th day of July, 2001 JOE SCHREIBER MAYOR ATTEST: RECORD OF COMMISSION VOTE: MARION S ENSON, CMC CITY CLERK MAYOR SCHREIBER A e' DIST 1: COMM. PORTNER A e, DIST 2: COMM. MISHKIN A e/ I HEREBY CERTIFY that I DIST 3: V/M SULTANOF have approved this DIST 4: COMM. ROBERTS Al ev RESOLUTION as to form. MITCHELL S. K CITY ATTORNEY SL/db EXHIBIT I AMENDMENT TO LARGE USER WASTEWATER AGREEMENT THIS IS AN AMENDMENT TO LARGE USER WASTEWATER AGREEMENT, entered into on 2001, between: CITY OF FORT LAUDERDALE, corporation of the State hereinafter referred to and a municipal of Florida, as "City," CITY OF TAMARAC, a municipal corporation of the State of Florida, hereinafter referred to as "Customer." City and Customer entered into a Large User Wastewater Agreement on April 20, 1982, and subsequently amended by Amendment dated April 20, 1982, June 17, 1986, and May 13, 1987 ("Agreement"). P suant to Resolution No.2o01--f Q4, adopted at its meeting of ll 2001, the City Commission of City authorized he raper City officials to enter into this Amendment to Large User Wastewater Agreement. Pursuant to Resol tion No . Zd0(_ IRS or official act adopted at its meeting of �� 2001, the Customer authorized the proper offi a s to enter into this Amendment to Large User Wastewater Agreement. The Agreement provides that payments into the renewal and replacement account will "provide for the replacement or addition of equipment, accessories or appurtenances that will be needed to maintain the performance and capacity of the Regional System during its first 20 years of operation.. A schedule will be prepared by the consulting engineer projecting such expenditures for the 20 year period. The schedule will be revised and updated each year to show the expected replacement costs for the remainder of the 20 years." City and Customer have determined that the Renewal and Replacement Account will not be impaired by providing for the replacement or addition of equipment, accessories or appurtenances from.the then current year for twenty (20) years or until the Large User Amendment - Tamarac Rev. 05/15/01 - 1 - anticipated closure of the Regional Wastewater Treatment Facility, whichever is less. City and Customer have further found that providing funding from the Renewal and Replacement Account for improvements with an expected life in excess of twenty (20) years, and for additional improvements necessary for plant expansion, to meet regulatory requirements or operational changes, provided that the cost of each of these improvements is less than $2 million, would be advantageous to the Regional System and will not impair the Renewal and Replacement Account. The original term of the Large User wastewater Agreement is approaching an end, and it is necessary and to the mutual benefit of each party to extend the Agreement until December 31, 2021. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged, the parties agree as follows: 1. That Section 8.2 of the Large User Wastewater Agreement is hereby deleted and replaced with the following provision: 8.2 TERMINATION AND EXTENSION OF AGREEMENT Both parties agree that this Agreement shall begin and bind the parties as set forth in Section 8.1 hereof and shall terminate upon December 31, 2021, at 12:00 o'clock midnight of said date. However, CITY may extend this Agreement for a period not exceeding twenty (20) years from the said termination date in the event, and only in such event, that the issuance of any bonds or other obligations is required in order to obtain funds necessary for expansions or improvements to the CITY system. 2. That Subsection C of Appendix A to the Large User Wastewater Agreement between the City of Fort Lauderdale and the Customer is hereby amended as shown on Exhibit "A," attached hereto and made a part of hereof. 3. That this Amendment shall not take effect until and unless a document in substantially the same form amending the Large User Wastewater Agreement in substantially the same manner is authorized by resolution of the governing bodies and executed Large User Amendment - Tamarac Rev. 05/15/01 - 2 by the proper officials of all the other Large User customers in the Central Wastewater Region. 4. That in all other respects the Large User Wastewater Agreement and any other previously executed amendments thereto shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: CITY OF FORT LAUDERDALE By Mayor By City Manager (CORPORATE SEAL) ATTEST: City Clerk Approved as to form: City Attorney Large User Amendment - Tamarac Rev. 05/15/01 3 WITNESSES: City of Tamarac F BY ,, Mayor BY Ci ager (CORPORATE SEAL) ATTEST: City Clerk L: \ agmts \ water \ largeuse \ Tamarac Amd — 20yr.doc Large User Amendment — Tamarac Rev. 05/15/01 -4- EXHIBIT A Appendix A C. Replacement Casts This portion of the rate, as required by P.L. 92-500, is to provide for the replacement or addition of equipment, accessories or appurtenances that will be needed to maintain the performance and capacity of the Regional System for the next 20 years of operation from the current year, or until the expected closure of the Regional Treatment Facilities, whichever is less. On an annual basis, a schedule shall be prepared by the consulting engineer projecting such expenditures for the next 20 year period or until the anticipated closure of the Regional Treatment Facilities, whichever is less. The schedule shall be revised and updated each year to show the expected replacement costs for the next 20 years or the remaining life of the Regional Treatment Facilities. Replacement Costs may include expenditures for (1) improvements with expected useful lives of greater or less than 20 years, (2) improvements which expand system capacity, (3) modifications or additions needed to accommodate new improvements which expand system capacity, (4) modifications or additions needed to meet new regulatory requirements, or (5) to implement operational changes, provided the estimated cost of each planned improvement does not exceed $2 million and it is determined to be in the best interest of the Regional System to fund these improvements from the Renewal and Replacement Account. The replacement cost portion of all user charges collected shall be deposited in the Renewal and Replacement Account and replacement expenditures shall be made directly from the account. If any unused balance remains in the Renewal and Replacement Account at the end of the life of the Regional Treatment Facilities, it shall be transferred to the Replacement and Improvement Reserve Account as described in Section B.6. above. The portion of the rate is to be calculated annually using the following formula: C = E - R Y Where C = the amount of replacement costs to be collected that year, E = the expected replacement costs for the subsequent 20-year period as shown by the consulting engineer's updated schedule, R = the balance of the Renewal and Replacement Account, and Y = 20 years, or the number of years remaining in the expected life of the Regional Treatment Facilities, whichever is less. Large User Amendment - Tamarac Rev. 05/15/01 - 5 - 4 ti y y LARGE USER WASTEWATER A G R E E M E N T Between CITY OF FORT I.AUDERDALE and CITY OF TAMARAC w Ln LARGE USER WASTEWATER A G R E E M E N T Between CITY OF FORT LAUDERDALE and CITY OF TAMARAC t4 THIS AGREEMENT, made and entered into this the I r `day of 0 _, 1981 , by and between: CITY OF FORT LAUDERDALE, a Municipality of the State of Florida, hereinafter referred to as "CITY," which term shall include its successors and assigns, and CITY OF TAMARAC, a Municipality of the State of Florida, hereinafter referred to as "CUSTOMER," which term shall include its successors and assigns. WITNESSETH: That for and in consideration of the mutual terms and condi- tions, promises, covenants and payments hereinafter set forth, CITY and CUSTOMER hereby agree as follows: ARTICLE 1 PREAMBLE In order to establish the background, context and frame of ref erpnce for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following state- ments, representations and explanations shall be accepted as predi4 cates for the undertakings and commitments included within the provi- sions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. „ 1.1 PL 92-500 establishes the enforcement mechanism for achieving water quality standards which are applicable to all municipal and industrial wastewater discharges. This law also sets forth the conditions under which Federal assistance may be obtained for the construction of wastewater transmission and treatment facilities. 1.2 The Broward County Wastewater Facilities Plan, developed in March 1978 in accordance with PL 92--500, recommends that the County be divided into three wastewater regions: -- North Region - Central Region - South Region Under this plan, the City of Fort Lauderdale will be the lead agency in the Central Wastewater Region. The plan proposes also that the Region include the Cities of Fort Lauderdale, Oakland Park, Wilton Manors, a portion of Tamarac, the Port 0130E - 2 - t Everglades Authority and the Palmdale service area for the purpose of wastewater collection and treatment. This service area is not limited and may be expanded to include Hacienda Village and/or other contiguous areas. 1.3 The City of Fort Lauderdale, as the lead agency, will become both a regional and a local collection and treatment utility. The designated municipalities within the Central Region will continue to own and operate their wastewater collection sys- tems, consisting of gravity sewers, lift stations and force mains. Regional facilities to be owned and operated by the City of Fort Lauderdale will intercept from point of connec- tion, pump, transport and treat wastewater within the Central Region. 1.4 CITY will own and operate a regional wastewater transmission, treatment and disposal facilities serving CUSTOMER. 1.5 CITY has or will attempt to obtain sufficient wastewater treat- ment capacity, when requested, to furnish wastewater transmis- sion, treatment and disposal requirements of CUSTOMER. Addi- tional capacity will be dictated by early notice and economical considerations following good planning practices. 1.6 CITY will make every effort to have sufficient wastewater treatment capacity to furnish the projected wastewater trans- mission, treatment and disposal needs of CUSTOMER during the entire term of this Agreement, based upon the projected waste- water treatment flow schedule as provided by CUSTOMER. 1.7 CUSTOMER agrees to purchase wastewater transmission, treatment and disposal services from CITY in accordance wish the terms set forth in this Agreement. ARTICLE 2 DEFINITIONS Unless the context specifically indicates otherwise, the following words and phrases used in this Agreement shall have the following meanings: 2.1 Words and terms related to water and wastewater shall have tte definitions listed in Section 37-1, "Definitions," of Chapter 37 of the Code of Ordinances of the City of Fort Lauderdale, except as indicated in this Agreement. 2.2 "CITY TREATMENT FACILITIES" This term shall mean those facilities owned or operated, or both, by CITY for the purpose of wastewater treatment and dis- posal within the Central'Wastewater Region as shown on Appendix "B" attached hereto, including such future additions and exten- sions to these facilities as may be made from time to time. 2.3 "CITY TRANSMISSION FACILITIES" This term shall mean those facilities owned or operated by CITY within the Central Wastewater Region as shown on Appendix "B" attached hereto, including present and future master pumping stations and force mains, that are now or will be used for the purpose of transmitting wastewater to CITY Treatment Facilities. 0130E - 3 - 2.4 "CUSTOMER'S SYSTEM" This term shall mean the CUSTOMER'S wastewater system including gravity sewers, manholes, laterals, lift stations, pumping stations, force mains and appurtenances thereto upstream of the POINT OF CONNECTION to the CITY system. 2.5 "POINT OF CONNECTION" This term shall mean the point where the CUSTOMER'S system connects to the CITY system for the purpose of delivering wastewater into the CITY system from the CUSTOMER'S system; said POINT OF CONNECTION is set forth in Article 3.1 hereof. 2.6 "CUSTOMER," "CONSUMER" OR 'LARGE USER" Any municipality, special district, or other entity including the City which operates wastewater collection and transmission facilities which connect into the CITY wastewater transmission, treatment and disposal facilities. This term applies to this Agreement only. A description of the CUSTOMER'S service area is contained in Appendix "p", attached hereto. 2.7 "DOMESTIC WASTEWATER" This term shall mean wastewater derived principally as a result of personal hygiene and sanitary use from dwellings, business buildings, institutions and the like. 2.8 "INDUSTRIAL WASTES" This term shall mean any liquid, solid or gaseous substance or form of energy, or combination thereof, resulting from any process of industrial, commercial, governmental and institu- tional concerns, manufacturing, business, trade, or research, including the development, recovery, or processing of natural resources, or from sources identified in the Standard Indus- trial Classification Manual of the U.S. Office in Management and Budget as amended. 2.9 "REGIONAL ADVISORY BOARD" This term shall mean the Board that is established and composed of representatives of large users receiving wastewater trans- mission, treatment and disposal services from CITY, and whose function it is to serve in an advisory capacity to the CITY Commission regarding rates, modification to the facilities, and to perform other duties and functions as provided in the ordi- nance establishing said Board. The Board shall be composed of at least one (1) representa- tive from each large user as defined herein, with a projected average wastewater flow of one (1) to five (5) MGD, with one (1) representative for each five (5) MDG increment in excess of five (5) MGD. The CITY'S Utilities Director shall be chairman of the Board. Other large users with less than one (1) MGD may attend meet- ings, but do not have voting rights. 2.10 "MASTER PUMP STATION" A pump station used in repumping wastewater within the regional system not to include pump stations upstream of wastewater flow metering devices located between the regional system and the customer's system or pumping stations used by the CITY for pumping CITY wastewater generated exclusively within the CITY. 0130E - 4 - 3.1 3.2 3.3 3.4 ,. L17 ARTICLE 3 PR2VISIONS PERTAINING TO CONNECTION TO THE CITY WASTEWATER TREATMENT SYSTEM POINT OF CONNECTION The POINT OF CONNECTION shall be as depicted in Appendix C. TRANSFER OF LAND AT POINT OF CONNECTION CITY may locate the POINT OF CONNECTION and meter location and necessary transmission facilities on property now being used by CUSTOMER for wastewater transmission or treatment facil- ities. CUSTOMER will convey at no cost to CITY either the fee. simple title or appropriate easement to the property needed by CITY for the POINT OF CONNECTION, meter location, pump sta- tions, transmission facilities, and such interest in property as is necessary to provide ingress or egress to CITY to said POINT OF CONNECTION, meter location, pump stations and trans- mission facilities. Such property shall be of sufficient magnitude to allow for future projected expansion and shall be free and clear of any encumbrances and sufficient to allow access of maintenance vehicles. MAINTENANCE OF CUSTOMER'S FACILITIES CUSTOMER agrees to construct where necessary, and to operate and properly maintain at its own cost and expense, all sani- tary gravity sewers, lift stations, pumping stations, force mains and other required appurtenances related and directly attributable to the wastewater collection system upstream of the POINT OF CONNECTION that are necessary to properly and continuously collect and convey sanitary wastewater to the POINT OF CONNECTION to the CITY system at such elevation, pressure and flow rates as described in Article 3.5 herein. CUSTOMER'S FUTURE FLOW PROJECTIONS CUSTOMER agrees that it has reviewed its present needs for wastewater transmission -and waterwater treatment service and, with the advice and counsel of a professional engineer, has projected its future needs as shown below to the best of its knowledge and ability. _ PROJECTED ANNUAL AVERAGE FLOW FISCAL IN MILLIONS OF GALLONS PER DAY PROJECTED MAXIMUM FLOW YEAR Transmission Treatment Monthly Dail 1980 1981 0.165 0.165 0.180 0.20 1982 " 1983 1984 " 1985 1990 1995 2000 These projections shall serve as a reasonable estimate of the future needs of CUSTOMER for the purpose of planning expan= lion, construction, modification or alteration of said CITY facilities and shall be so used by CITY in determining plant capacity requirements attributable to CUSTOMER in CITY trans- mission, treatment and disposal facilities. CITY'S obligation to furnish service to CUSTOMER under this Agreement - 5 - ` —,, r� On shall be limited to the above -stated quantities, or to modifi- cation or changes therein as provided for in Article 6 of this Agreement. City shall have all right and power by suit or other such proceedings at law or in equity to enforce the limitation of its obligations hereunder and to prohibit CUS- TOMER or its officers, agents or employees from flowing waste- water into CITY'S transmission and treatment facilities which exceeds the capacity or pressure rating indicated and customer shall have the right to enforce by suit or other proceedings, at law, or in equity, the obligation of the CITY to accept, treat, and dispose of customer's wastewater flow as set forth in Article 3.4 of this agreement. 3.5 PRESSURES AT POINT OF CONNECTION CUSTOMER agrees that, under all operating conditions as out- lined by CITY, except as provided in Article 7.5 of this !Agreement, the elevation of a gravity system or pressure in a force main at the POINT OF CONNECTION shall be sufficient to deliver all wastewater without backing up the CUSTOMER'S gravity lines or reversing flow in CUSTOMER'S force main sys- tem, based on present as well as projected future flows for that portion of the regional transmission system. The CITY reserves the right to install microprocessing moni- toring capabilities at any pumping station with a direct con- nection to the regional facilities. CUSTOMER agrees that no change in pumping characteristics shall be made without prior approval from the UTILITIES DIRECTOR. CITY installations shall not interfere with CUSTOMER'S facilities. 3.6 EQUALIZATION OF FLOW CUSTOMER agrees that, through the use of acceptable methods, adequate provisions will be included in the delivery facil- ities to prevent excessive peak flow rates. The average daily flow shall be controlled such that it is transported to CITY'S transmission and treatment facilities by 24-hour-per-day con- tinuous pumping directly relating to incoming flow. The rates of pumping for any four-hour period shall not exceed two hun- dred fifty percent (250%) of the average daily flow. The term "average daily flow" as used herein is defined as the total flow during the four (4) consecutive months of greatest flow during the preceding twelve (12) months, divided by the: actual number of days in the four (4) consecutive months. In the event CUSTOMER has not provided continuous flow during the entire period of the preceding twelve (12) months, the term "average daily flow" shall mean that flow projected for treat- ment for the appropriate year, as indicated in Article 3.4. In the ;event the flow to the CITY Treatment Facility is not controlled as stipulated hereinabove, then CITY may impose a compensatory charge of a percentage of the monthly billing to CUSTOMER, unless a supplemental written agreement entered into by both parties provides otherwise. Such supplemental written agreement may involve adjustment of rates as a result of reallocation of design, construction, financing, operation and maintenance costs. The compensatory charge if there is no supplemental agreement shall be computed as follows: In the event CUSTOMER causes a flow of 250.01% to 255%, inclusive, of the average daily flow for any four (4) hour period, CUSTOMER shall be charged an additional one percent (1%) of the monthly, service charge, and an additional one percent (1%) of the monthly service charge shall be charged for each increment of five percent (5%) or any portion thereof exceeding 255%. CUSTOMER also agrees to notify CITY'S Utilities Department immediately upon discovering the major failure of a pumping station, breakage of a force main or gravity sewer which could cause heavy infiltration and introduction of sand into the, system and to begin immediate repair of same. 0130E - 6 - 3.7 CITY TO INSTALS METERS CITY agrees to furnish and install a wastewater metering device at the region's expense, housing, accessories and appurtenances of a type and design selected by CITY, to be located at the site or sites as determined by CITY after consultation with CUSTOMER. City shall retain ownership of the metering device, together with the housing, accessories and appurtenances thereto. In the event the capacity of the metering device becomes inadequate for the amount of flow delivered, CITY, at its expense, shall replace the meter or install such additional metering device or devices'as may be necessary. 3.8 CITY TO MAINTAIN METER CITY agrees to have an annual inspection and report prepared .at its expense regarding the condition and accuracy of the metering device performed by a representative of the manufac- turer or other competent independent entity. A copy of the annual report on meter inspection shall be furnished to CUS- TOMER within thirty (30) days of its acceptance. CUSTOMER shall have the right to make its own meter inspection, or to have an independent company check the metering equipment at any time provided, however, no such inspection shall be made unless CUSTOMER shall first give CITY written notice of its intent to have the inspection made, nor shall any such inspec- tion be made prior to twenty-four (24) hours, excluding Saturdays, Sundays and holidays, subsequent to the receipt of said notice by CITY. All cost and expense of CUSTOMER'S interim inspection shall be borne by CUSTOMER unless the meter is found to be inaccurate beyond the manufacturer's guaranteed range of accuracy, in which case the cost and expense of such interim inspection shall be borne by CITY. • Normal maintenance of the metering device shall be performed by CITY as an ex- pense of wastewater treatment and effluent disposal. 3.9 PAYMENT IN CASE OF METER INACCURACY Both parties agree that, should the metering equipment be found to be inaccurate beyond the manufacturer's range of accuracy, the meter will be assumed to be inaccurate since the last meter check or for a period of three months, whichever time should be less, and that the following month's billing will be adjusted to show a credit or additional charge to CU!ir- TOMER for that period. The computation shall be based on the average flow for the previous twelvemonth service prior to the last meter check. 3.10 PAYMENT IN CASE OF METER FAILURE Both parties agree that, if at any time the metering system shall be inoperative or in any way fails to provide informa- tion with respect to the quantity of flow into CITY'S waste- water transmission, treatment and disposal facilities, CUS- TOMER will pay to CITY a monthly amount equal to the average flow based upon the previous twelve-month service prior to the date the meter became inoperative. If failure occurs during the first twelve months of the Agreement CUSTOMER'S records for previous twelve months will be utilized. 3.11 CHARGES TO CITY Regional c9sts to the CITY shall be calculated for all flow delivered to the regional wastewater treatment plant less the total measured flow delivered at each point of connection from customers' systems. 0130E mm ARTICLE 4 PROVISIONS RELATING TO DISCHARGE AND SAMPLING 4.1 TYPES OF WASTES AND SUBSTANCES WHICH ARE PROHIBITED TO BE DISCHARGED The rules and regulations contained in City of Fort Lauderdale Code of Ordinances, Chapter 37, Article III establish the types of wastes and substances which are prohibited to be dis- charged into CITY's sewerage system. Except as hereinafter provided, CUSTOMER agrees to comply with these aforementioned rules and regulations. 4.2 CUSTOMER agrees to include in the design of its wastewater delivery system a safe, mutually agreeable sampling station so . that CITY can obtain grab and composite samples of the waste- water as a means of monitoring the characteristics of the wastewater received from CUSTOMER, and to provide for such right-of-way or easements as may be necessary to assure CITY of access to the sampling station. The CITY shall have the right at any time to collect samples of sewage and industrial wastes at various locations to be determined by the CITY within CUSTOMER'S facilities for the purpose of making laboratory analysis of these wastes. Twenty-four (24) hour notice will be given of industrial sampling to be conducted by CITY when possible. The costs of collecting and of testing such samples shall be considered a CITY facility operating expense. 4.3 CUSTOMER shall supply CITY, not later than September 30th of each year, with a list of the producers of industrial wastes, if any, as of August 31st of each year and supply CITY with an update of any additional producers of industrial wastes as they occur. CUSTOMER shall require that any producer of industrial wastes, as defined in PL 92-500 or any revisions thereto or those designated by the CITY, submit annually to CITY a complete laboratory analysis of both the raw and pre- treated wastes, at no cost to CITY. CUSTOMER shall require that each producer of industrial wastes give CITY five (5) days written notice, exclusive of Saturdays, Sundays and hol- idays, of its intent to take the required samples, in order that CITY may be represented at such sampling. Such analysis shall be made on twenty-four (24) hour composite samples and shall include at least the following: temperature, pH, sus= pended solids, dissolved solids, five-day BOD, fats and oils (ether extraction), ASTM flash point, and any other parameters deemed appropriate by the Director. Upon request, CUSTOMER shall submit annually to CITY at no cost to CITY similar laboratory analyses of,composite samples of the combined wastes leaving CUSTOMER'S facilities. 4.4 CUSTOMER agrees to adopt, enact and enforce such rules, reg- ulations and ordinances as may be required to insure that users of CUSTOMER'S system do not discharge or cause to be discharged waters or wastes which would not meet conditions for individuals as defined by the CITY's Code of Ordinances or would cause CUSTOMER's wastewater to be unacceptable under the provisions of this Article, and to furnish to CITY certified copies thereof within ninety (90) days from date hereof. CITY agrees to assist CUSTOMER in the preparation of said rules, regulations and ordinances. 4.5 CUSTOMER shall be responsible for implementation in its system of any Federal, State or local regulations pertaining to discharge of wastewater imposed upon CITY either now or in the future. This includes but is not limited to "Industrial Cost Recovery Provisions" as required by PL 92-500, "Toxic and Pretreatment Effluent Standards" as required by PL 92-500, and 0130E "Infiltration/Inflow Sewer System Evaluation Survey and Re= habilitation" as required by PL 92-500. CUSTOMER shall pro- vide the "Infiltration/Inflow Analysis" required by PL 92-500, and CITY shall perform grant coordination as it applies to Central Region. 4.6 CUSTOMER agrees that this agreement in its entirety is subject to all applicable provisions of Chapter 37 pertaining to discharge of wastewater (now and as amended), Code of Ordinances of CITY, which shall be deemed supplemental to the terms of the agreement. ARTICLE 5 PROVISIONS PERTAINING TO CHARGES 5.1 BASIS OF CHARGES Both parties agree that CITY shall provide wastewater trans= mission, treatment, and disposal service to CUSTOMER at fees, rates and charges constituting the full cost of such service, which shall include Operating and Maintenance Expense, Debt Requirements, and Capital Replacement Fund (as required by PL 92-500) . CITY shall set the same fees, rates and charges for all Large Users (including itself) as defined in Article 2.6 that are within the same Region. Such fees, rates and charges shall be adopted or amended by the CITY, and it shall consider recommendations of the individual CUSTOMERS and recommenda- tions of the Regional Advisory Board. The CITY shall hold public hearings on amendments to the rates and charges in the manner provided by law and after at least thirty (30) days written notice has been provided to the CUSTOMER of such public hearing. The CUSTOMER shall pay a monthly charge to CITY for wastewater transmission treatment and disposal services provided by the CITY. Such charges shall include the following: 5.1.1 Operating and Maintenance charges applicable to the regional treatment plant, regional pumping stations, regional force mains, and disposal works and facili- ties and appurtenances thereto. The portion of the monthly charge attributable to such operating and maintenance charge shall be based on the actual flow used by the CUSTOMER during the billing period. Such monthly charge shall be computed as a charge per 1000 gallons passing through the meter or meters serv- ing CUSTOMER. The rate for such per 1000 gallon charge shall be computed by dividing the budgeted annual total regional operating and maintenance expenses, in thousands of dollars, as defined below for CITY's ensuing fiscal year, ending September 30, by the number of thousands of gallons of wastewater which is estimated to be treated and disposed of through CITY'S Regional System for that year. The operating and maintenance expense portion of such cost shall include, but not be limited to, labor, material, equipment, fuel, utilities, chemicals, transportation, travel and administrative expenses, billing expenses, supplies, rent, insurance, employee benefits, liability and workmen's compensation, out side services, and any other costs of operation and maintenance of the CITY's regional transmission, treatment and disposal facilities. Administrative costs for the departments shall be charged sties in accordance with the indirect cost allocation plan services of various CITY to the regional facil- CITY'S administrative developed under the 0130E - 9 - ,. 1.. guidelines of "Federal Management Circular 74-4" as reviewed and approved by the Environmental Protection Agency. Charges to the regional facilities for the services of the Engineering, Utilities, Public Works and City Attorney departments shall be made by direct cost allocation as such services are rendered. 5.1.2 Charges for principal, interest and amounts necessary to meet the requirements of bond obligations and cov- enants on the City's regional treatment plant, trans- mission and disposal facilities and appurtenances thereto, including any bonds or other obligations thereon, heretofore or hereafter issued by the CITY for the benefit of the CITY's regional transmission, treatment and disposal facilities, shall be computed as a charge per 1000 gallons passing through the meter or meters serving CUSTOMER. The rate for such per 1000 gallon charge shall be computed by dividing the total Central Wastewater Region debt service, in thousands of dollars, by the number of thousands of gallons of wastewater which is estimated to be treated and disposed of through CITY'S Regional System for that year. 5.1.3 A charge representing the CUSTOMER'S equitable share of replacement costs during the Regional System's 20-year planning period, as required by P.L. 92-500 and the federal regulations applicable thereto, shall be computed as a charge per 1000 gallons passing through the meter or meters serving CUSTOMER. The rate for such per 1000 gallon charge shall be calcu- lated annually using the following formula and divid- ing the result by the number of thousands of gallons of wastewater which is estimated to be treated and disposed of through the regional system for that year. Expected Replacement Costs - Replacement for Remainder of 20-year Account Period Balance Number of Years Remaining in 20-year Period The term "replacement costs" shall be defined as in P.L. 92--500 as "Expenditures for obtaining and installing equipment, accessories, or appurtenances during the useful life of the treatment works neces= nary to maintain the capacity and performance for which such works are designed and constructed." Such replacement expenditures shall be funded from the Replacement Account during the Regional System's 20-year planning period as identified in Appendix A to 40 CFR 35. Any balance remaining in the Replacement Account at the end of the 20-year planning period will be transferred to the Region's Replacement and Improvement Reserve -Account as defined by the CITY'S bond covenants. Any subsequent revision of P.L. 92--500 or the federal regulations for replacement charges shall automat ically supersede this subsection. 5.1.4 An annual adjustment will be computed after the close of the fiscal year and the issuance of the CITY'S Annual Financial Report which will be based upon the actual rate for the year. The actual rate will be computed by dividing the actual operating and main tenance costs, bond debt service covenant requirements and replacement costs of the regional system by the actual number of thousands of gallons of wastewater treated and disposed of through the system for that fiscal year. 0130E - 10 - CUSTOMER'S actual charge for the fiscal year will be computed by multiplying the actual rate times the num- ber of thousands of gallons of wastewater delivered by CUSTOMER and increasing the amount by any additional charges as described in sections 3.6, 5.2 and 5.4. Should CUSTOMER'S actual charge exceed the amounts previously paid, a special bill will be presented to CUSTOMER showing the additional charge due. Should CUSTOMER'S actual charge be less than the amounts previously paid, the difference will be refunded to CUSTOMER. 5.1.5 The illustrations'in Appendix A are hereby specifi- cally made a part of this Agreement. They are de�- signed to demonstrate and clarify the items discussed in this section and should be reviewed concurrently. 5.2 cCAARGE FOR EXCESSIVE FLOWS In the event that the average monthly flow of any CUSTOMER exceeds its transmission or treatment capacity as set forth in Article 3.4, hereof, for a period of four (4) successive months, then the monthly charge to the CUSTOMER shall be in= creased by the percentage that the CUSTOMER exceeds its com- mitment for each month that its flow exceeds the amount of its flow projection. Nothing in the section shall be construed to waive or rescind any rights that CITY shall have pursuant to Article 3.4 relating to the limitation of CITY'S obligation to provide transmission and treatment capacity to CUSTOMER only up to the amount CUSTOMER has projected. 5.3 REVIEWS CITY agrees that reviews of the cost of providing wastewater treatment, transmission and disposal services shall be made annually, based on the CITY'S fiscal year. The fees, rates and charges which will be effective during the next succeeding fiscal year to the CUSTOMER and other customers of the same class, will be developed by the CITY following such annual review. In developing such fees, rates and other charges for the next succeeding fiscal year, the costs, as defined herein, during the current fiscal year, the audited costs for the pre- ceding fiscal year, and the anticipated changes in costs, in the next succeeding fiscal year, will be the preliminary bas;s for establishing the fees, rates and other charges for the next succeeding fiscal year. 5.4 PAYMENT AND PENALTIES FOR NON-PAYMENT Both parties agree that CITY shall bill CUSTOMER for waste- water transmission, treatment, and disposal services on a monthly basis in accordance with CITY's standard billing pro- cedures. CUSTOMER shall pay such billings within thirty (30) days of the date of mailing the monthly bill. Should CUSTOMER not pay within the thirty (30) day period, CUSTOMER shall pay an additional one and one-half percent (1 1/2%) of the bill. Should a billing or a portion of a billing be outstanding for a period of more than sixty (60) days from the date of the original billing, then the CUSTOMER shall be considered in default and the CITY, in addition to all other rights and remedies, shall have the right and power, by suit, action, mandamus or such other proceedings at law or in equity, to protect, enforce, and compel performance by the CUSTOMER and any of the officers, agents or employees of said CUSTOMER to perform and carry out its and their duties and obligations under this Agreement or applicable law. 0130E - 11 = u �W 5.5 ANNUAL REPORT CITY agrees to engage a reputable firm of independent Cer- tified Public Accountants to perform an annual audit of its financial statements as required by state statutes and to issue an Audit Report eXpressing an opinion thereon. CITY agrees to further engage the Certified Public Accountants to issue a separate Contractual Compliance Report regarding the CITY'S compliance with the terms of this agreement. The cost of the Contractual Compliance Report will be a cost of region- al system. CITY will furnish to CUSTOMER a copy of the CITY'S audited annual financial statements accompanied by the audi- tor's Contractual Compliance Report within thirty (30) days of receipt and acceptance by the CITY. 5.5.1 ACCESS TO RECORDS CITY agrees to maintain separate accounting records for the central regional wastewater system. Assets and liabilities of the regional system will be segre- gated in a separate accounting entity apart from the CITY'S other assets and liabilities. Costs and rev- enues associated with regional wastewater transmis- sion, treatment and disposal will also be recorded with this accounting entity apart from other CITY costs and revenues. Upon reasonable notice given by CUSTOMER, CITY will make available to CUSTOMER, at CITY'S offices, its books and records regarding operations of the regional wastewater transmission, treatment and disposal facil- ities. CUSTOMER agrees that, upon reasonable notice given by CITY, it will, in like manner, make available to CITY, at CUSTOMER'S offices, its books and records regarding the operation of wastewater transmission including, but not limited to, accounting and auditing records. 5.6 CITY TO HAVE JURISDICTION Both parties agree that .CITY has sole and exclusive authority and jurisdiction as to administration, operation and main= tenance of CITY System, establishing the annual budget, estab- lishing and amending service fees, rates and other charges as provided in the CITY's Ordinances for efficient operation an4 maintenance of the facilities and all other matters and things pertaining to the wastewater transmission, treatment, and dis- posal facilities. However, CITY agrees to consider the recom- mendations from the individual CUSTOMERS and the Regional Advisory Board that it received before making decisions in areas in which the individual CUSTOMERS and the Advisory Board have an interest. This provision should not be construed as constituting waiver by CUSTO E its right to challenge any budget, fees, rates, and other charges in a court of competent jurisdiction. of ARTICLE 6 PROVISIONS PERTAINING TO ADDITIONAL OBLIGATIONS OF BOTH PARTIES UNDER THIS AGREEMENT 6.1 CITY TO EXPAND SYSTEM AND APPLY FOR GRANTS CITY agrees to attempt to provide whatever extensions and expansions to the regional transmission, treatment and dis- posal facilities as may be necessary to provide for CUSTOMER'S future scheduled flow, as set forth herein Article 3.4. Toward this objective CITY will make application, as it may be aware, for any available financial assistance from Federal, State and local programs under which said facilities and the 0130E - 12 - project may be eligible. Further, CITY agrees to apply appli- cable portions of any such assistance which may be received to offset capital costs of the CITY system. 6.2 CUSTOMER TO DELIVER ALL WASTEWATER CUSTOMER agrees, during the term of this Agreement, to deliver all existing and future wastewater flows collected by it with in the service area described in Exhibit B. whether collected within or without its existing service area, to CITY facili- ties, which flows shall not exceed amounts set forth herein in Article 3.4, as existing or as hereafter amended, for the l?ngth of this Agreement, and CITY agrees to accept and treat such wastewater flow not exceeding amounts set forth herein in Article 3.4, as existing or as hereafter amended, for the length of this Agreement. 6.3 ,CHANGE IN SCHEDULED FLOWS -Both parties agree that the schedule of flows shown in Article 3.4 herein shall be the basic schedule; however, same may be altered from time to time for the following reasons; 6.3.1 CHANGES NECESSARY BECAUSE OF DEVELOPMENT CUSTOMER shall have the right to revise the projec- tions attributable to CUSTOMER upward or downward, provided CITY has not yet engaged a firm to prepare flans for additions or modifications to CITY facil- ties, the need for such plans being based in part upon projections made by CUSTOMER. CUSTOMER shall be - given notice by certified mail at least ninety (90) days prior to the date of engaging a firm to prepare said plans for additions or modifications, which notice shall advise CUSTOMER that action is being contemplated by CITY and requesting that any modifica- tions which CUSTOMER may wish to make in its flow pro- jection schedule in Article 3.4 be submitted to CITY before said date. LIM CUSTOMER agrees to furnish to CITY and to the Advisory Board no later than the first day of June of each year, on the year after consummating this Agreement, a five (5) year projection indicating its yearly projec- tions of its wastewater treatment needs. Said projej- tions are necessary for planning purposes. CITY agrees that it will review the basis of flow projec- tions, as well as per capita flow projections, and if the CITY agrees it will use the projections as a tool in determining if and when extensions and modifica- tions to the facilities are required and economically feasible. In the event disagreement exists on flow projections (either gross, net or per capita), CITY shall not require more stringent criteria or commit= meets to be utilized by larger users than extended to the CITY proper. in determining whether and when to expand or modify its facilities, CITY will consider recommendations of the individual CUSTOMERS and of the Advisory Board. 6.3.2 CHANGES BY OUTSIDE AGENCIES CITY may revise the schedule if any Federal, State or local agency promulgates regulations that require a change in sched= uling or reduction in per capita usage of flows. if there is a determination by either party that regulations requiring a change in scheduling flows are unreasonable, either party reserves the right to challenge said regulations in court. 0130E - 13 - 4- 6.3.3 CHANGES BEYOND CITY'S CONTROL CITY may revise the flow schedule for such periods as are reasonable and necessary if anticipated construc- tion is delayed for any reason beyond the control of CITY. The reasons for delay may be, but are not limited to, the following: 6.3.3.1 Contractor delays beyond completion date. 6.3.3.2 Lack of acceptance or approval by regulatory agencies. 6.4 CUSTOMER_ TO CHARGE ADEQUATE RATES CUSTOMER agrees to establish and maintain service charges or other means of obtaining funds within its area of jurisdiction sufficient to provide monthly payments to CITY for wastewater transmission and treatment services, and that such means will be revised as may be required from time to time to provide sufficient funds to pay any sums due CITY under the terms of this Agreement. 6.5 GRANT INFORMATION CUSTOMER and CITY agree to provide each other with'all neces- sary information pertinent to CUSTOMER'S or CITY'S system and service area which any Federal, State or local agencies shall require in an application for financial assistance in the con- struction of CITY'S transmission, treatment and disposal facilities or CUSTOMER'S collection and transmission facil- ities. Further, CUSTOMER and CITY agree to adopt such regula- tions, execute such Agreements and do such work -as said Fed= eral, State or local agencies may require as part of CITY'S or CUSTOMER'S application for funds. ARTICLE 7 PROVISIONS PERTAINING TO VIOLATIONS AND EXCEPTIONS TO THE TERMS OF THIS AGREEMENT 7.1 AGREEMENT NOT TO BE CANCELLED Both parties agree that each is undertaking a major obligation in assigning all of CUSTOMER'S existing and future wastewater flow, within the service area described herein, to CITY'S sys- tem, and therefore each agrees with the other that this Agree- ment will not be cancelled on any condition except by mutual cancellation agreement between the parties hereto, which will be a written document executed with the same formality and of equal dignity herewith. 7.2 NOTICES OF VIOLATION TO CUSTOMER CITY shall serve CUSTOMER with written notice stating the nature of any violation of this Agreement by CUSTOMER. Said notice shall provide a,reasonable time limit, not to exceed ninety (90) days, for the satisfactory correction thereof. CUSTOMER shall, within the period of time stated in such notice, permanently cease or correct all violations. 7.3 INDEMNIFICATION AND HOLD HARMLESS CLAUSE CUSTOMER and CITY agree that, if either is guilty of violating any of the provisions of this Agreement, the guilty party shall become liable to the other party for any expense, loss, or damage occasioned by reason of such violation, provided, however, any payment by CITY to CUSTOMER or CUSTOMER to CITY for a violation of any provision of this Agreement shall be from such source other than revenues pledged to bond holders, as may be legally available to CITY or CUSTOMER respectively. 0130E - 14 CUSTOMER agrees to hold and save harmless CITY from costs and expenses incurred by CUSTOMER or CITY in any litigation to which CUSTOMER or CITY may become a party, as either plaintiff or defendant, resulting from the effects of the improper introduction of materials by CUSTOMER or any users of CUS- TOMER'S collection system into the CITY facilities, or any portion thereof, which may cause damage within or without the CITY system. 7.4 DISPUTE OVER VIOLATION `:USTOMER agrees that, in the event of any continuing violation by CUSTOMER of the provisions herein contained which shall continue beyond the date stated in the notice described above and that relates to the payment of money, the CITY'shall sub= mit.to CUSTOMER an initial, dated proposed billing invoice, and if the parties by conference do not settle and agree that a violation exists, or if the parties do not agree upon the amount invoiced if a violation does exist, within thirty (30) days from the billing date, then the CUSTOMER shall automat- ically deliver to CITY the amount billed. However, the amount of the bill that is in dispute shall be deposited in an interest -bearing bank account in a banking institution agree: - able to both parties during such continuing claimed violation, with adjustment of the billing invoice amount, or actual cost, expense or damage to be left to subsequent agreement or court adjudication. 7.5 FORCE MAJEURE Both parties agree that any temporary cessation of wastewater transmission and wastewater treatment and effluent disposal services resulting from an Act of God, fire, labor strikes, casualty, necessary maintenance work, breakdown of or injury to machinery, pumps or pipe lines, insurrection or riot, or civil or military authority, shall not constitute a breach of this Agreement on the part of CITY or CUSTOMER and neither CITY nor CUSTOMER shall be liable to the other for any damage resulting from such temporary cessation of services. 7.6 JURISDICTION OF OTHER AGENCIES Both parties agree that certain Federal? State and local agencies have some jurisdiction and control over pollution matters and, should such an agency issue legally enforceable#', orders that may alter any of the terms and conditions of this Agreement, there shall be no liability on either party because of such action provided that CITY shall not be precluded from making a necessary adjustment to the sewage transmission and treatment rate. It is further agreed that if such agency shall request a change in the provisions of this Agreement that both parties will, by mutual agreement, make every effort to comply with such request. However, the terms of this arti- cle shall not preclude administrative or judicial challenge, or both, of such order by either or both parties hereto. This provision shall not be construed sq as to permit CUSTOMER to terminate this Agreement. ARTICLE 8 PROVISIONS PERTAINING TO THE ADMINISTRATION OF THIS AGREEMENT 8.1 DATE OF BEGINNING Both parties agree to be bound by this Agreement as of the date of its execution. Should CUSTOMER, through no fault of CITY, not avail itself of the CITY facilities when such facil- ities are available or within the applicable time period it will pay the applicable standby charges, as defined and described in Article 8..1.2. below. 0130E - 15 �•J 8.2 8.3 8.4 8.5 8.1.1 DATE OF CUSTOMER CONNECTING TO CITY FACILITIES CITY will keep CUSTOMER informed as to the construc- tion schedules of those facilities necessary to serve CUSTOMER. The CITY shall give CUSTOMER notice of the completion date as certified by its Engineer of the construction of all CITY facilities necessary to serve CUSTOMER and CUSTOMER shall be prepared to deliver all of its wastewater to the point of connection on this completion date or within three (3) months of the date of this notice, whichever date is later. If construc- tion is completed at the time of execution of this Agreement, CITY shall give written notice thereof to CUSTOMER who shall connect to the system within three (3) months of receipt of written notice. In the event CUSTOMER does not deliver all of its wastewater, it shall pay standby charges which shall commence three (3) months from the date of the notice. 8.1.2 BASIS OF STANDBY CHARGES Should CUSTOMER fail to deliver all of its wastewater on the date above agreed upon, the CITY will bill and CUSTOMER will pay the monthly charges set forth in Article 5 hereof based upon one hundred (100%) percent of the gallonage collected by CUSTOMER within its jurisdiction. 8.1.3 CUSTOMER WITH NO FLOW In the event CUSTOMER has no flow to deliver to the CITY on the date above agreed upon, CUSTOMER shall pay only such amounts, based on its projected flow on the date above agreed upon, as are attributable to princi- pal, interest, capital replacement and coverage of bonded indebtedness. TERMINATION AND EXTENSION OF AGREEMENT Both parties agree that this agreement shall begin and bind the parties as set forth in Article 8.1 hereof and shall ter= urinate at the end of the CITY's next full succeeding fiscal year subsequent to such time as all obligations, notes or, bonds heretofore or hereafter issued for the financing of the; Central Regional Transmission, Treatment and Disposal Facil- ities, or any part of,said facilities, are retired or satis- fied. INVALIDITY OF AGREEMENT Both parties agree that the invalidity of any section, clause, sentence, or provision of this Agreement shall not affect the validity of any other part of this Agreement which can be given effect without such invalid part or parts. BINDING ON SUCCESSORS Both parties agree that this Agreement shall be binding upon the successors and assigns of the parties hereto and may be enforced by appropriate action in court, or courts, of com- petent jurisdiction. LEGAL REQUIREMENTS Both parties agree that all legal requirements for execution of this Agreement have been performed, and each party hereto agrees to exchange with the other certified copies of the official records of its governing body which authorize the execution of this Agreement. 0130E - 16 - y ,< 8.6 GIVING OF NOTICE Any notice required tc to have been properly ing by certified mail, be given hereunder shall be considered given if the same has been sent in writ - to the following CITY: City Manager City of Fort Lauderdale P.O. Drawer 14250 Fort Lauderdale, Florida 33302 CUSTOMER: City Manager City of T&narac 5811 N.W. 88th Street Tamarac, Florida 33321 8.7 ALL'PRIOR AGREEMENTS SUPERSEDED This document supersedes all prior negotiations, correspond- ence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings con- cerning the subject matter of this Agreement that are not con- tained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that.no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity. 8.8 EXECUTION This Agreement shall be executed in five (5) copies, each of which shall be deemed an original. Each party shall provide the other party with a copy of it's Resolution or evidence of other action authorizing it to execute this Agreement, which Resolution or other document shall be attached hereto as an exhibit and made a part thereof. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signa- ture: CITY OF FORT LAUDERDALE through its CITY COMMISSION, signing by and through i s Mayor, autho zed to exgc�e sam Com ission► action on the day of , l9 and E4n=�� signing by and t rough o tho duly authorized to execute same. WITNESSES: CITY LOW162" AS By y manager 0130E - 17 - r CITY OF T MA C By_ ATTEST: day of _► 0130E - 18 - Appendix A 1. USER CHARGE CAL CUTAT I ON Public Law 92-500 (Section 204(b)(1)(A)) requires that a system of user charges be adopted to assure that each recipient of wastewater treatment ser- vices will pay its proportionate share of the Costs of operation and mainten- ance (including replacement) of any waste treatment services provided by the Regional System. Accordingly, user rates will be developed annually as part of the budget process using the following formula: R a A+ B+ C N Where R - the rate per 19000 Callous passing through the meter or meters of the 1 ar ge users A !1w operation and maintenance costs as explained in Section A below, B w debt service and bond covenant requirements as described in Section B below, C - replacement costs as described in Section C below, and N - the total number of thousands of gallons of wastewater that it is esti- mated will be treated and disposed of through the Regional System for that year. Following the close of each fiscal year and the issuance of the annual fin.sn- cial statements for that year, the actual user rates and charges will be - calculated as described in part 11 of this Appendix and an adjustment made. r' ■ 6 A. 0 eration and Maintenance Costs The operation and maintenance portion of the user rate will be based upon the annual operating budget for the Central Regional System and will include, but not be limited to, the following categories of expenses: Personal Services Salaries XXX Employment Taxes XXX Employee Benefits XXX Current Expenses Utilities XXX Fuel, Oil b Lubricants XXX Consumable Tools XXX General Operating Supplies XXX Office Supplies XXX Chemicals XXX Professional Services XXX Insurance XXX Vehicle Operation 6 Maintenance XXX Equipment Repairs XXX Printing 6 Binding XXX Conferences, Schools i Travel XXX Uniforms XXX * Administrative Service Charges XXX Total XXXX i * This item represents charges for the services of various City departments which will be charged to the Regional System in accordance with the City Ia administrative indirect cost allocation plan developed under the guide- lines of "Federal Management Circular 74-4" as reviewed and approved by the Environmental Protection Agency. 4703f-1 1of10 r M� A;>pend ix A P ge Two B. Debt Service and Bond Covenant Requirements This portion of the rate will be based upon the bond principal and interest payments required in the coming year and the amounts necessary for satisfac- tion of the applicable bond covenant requirements as listed below: 1. Principal and interest payments payable during the fiscal year an those portions of the Water and Sewer Revenue Bond issues of 1973 and 1978 that were used to purchase or construct fixed assets of the Regional System. (See Tables A-3 and A-4.) XXX 2. Twenty-five percent of the amount in 1. above in satisfaction of bond covenant requirements. XXX Nate: Water and Sewer Revenue bond covenants require that revenues be equal to or greater than the sum of: a) 1252 of bond principal and interest payable during the year, b). 100% of operation and maintenance costs for the year and e) JOC: of payments to reserve accounts required by other bond covenants. 3. Principal and interest payments payable during the fiscal year on that portion of the General Obligation Sewer Bond Issue of 1971 that was used to purchase or construct fixed assets of the Regional System. (See Table A-2.) XXX 4. Payment to the Operating Reserve Account of any additional amount neccessary to establish a balance equal to two months' estimated operating expenses. XXX 5. Payments to the Debt Service Reserve Account equal to the greater of 20% of the amo,mt in 1. above or an amount sufficient to establish a balance in the Debt Service Reserve Account equal to the largest amount which will be required in any one year for the payment of maturing principal of and interest on Water and Sewer Revenue Bonds. Due to the difficulty in allocating this reserved requirement, the City will account for and be responsible for maintaining this reserve at the appropriate balance. 6. Payments to the Replacement and improvement Reserve P Account, if such payments should become necessary. Pond covenants require that a minimum balance of $500,000 be maintained in this account and that at the direction of the consulting engineer additional funds vill be appropri- ated to cover planned project costs. At the date of signing of this agreement, the balance in the Replacement and Iiprove- ment Reserve Account is $500,000 and no plans exist to increase the required balance. In addition, requirements for payments to the Replacement Account, as described in Section C below, are more restrictive. For these reasons, no payments to the Replacement and Improvement Reserve Account are contemplated at the date of signing of this agreement. ..0- Total XX'. C. Re lacement Costs This portion of the rate, as required by P.L. 92-500, is to provide for the replacement or addition of equipment, accessories or appurtenances that will be needed to maintain the performance and capacity of the Regional System during its first 20 years of operation. A schedule will be prepared by the consulting engineer projecting such expenditures for the 20 year period. The schedule: will be revised and updated each year to show tile expt•cred Te lace- ment costs for the remainder of the 20 years. 4703f 2 of'10 IJ� Appendix A Page Three The replacement cost portion of all user charges collected will be deposited in the Replacement Account and replacement expenditures will be made directly from the account. If any unused balance remains in the Replacement Account at the end of the 20 year period it will be transferred to the Replacement and Improvement Reserve Account, as described in Section B.6. above. This portion of the rate will be calculated annually using the following formula: C - E - R Y 'Where C - the amount of replacement costs to be collected that year, E - the expected replacement coats for the remainder of the 20-year period as shown by the Consulting engineer's updated schedule, R - the balance in the Replacement Account, and Y - the number of years remaining in the 20-year period. D. Nont hl y Billing Each large user will be billed monthly for the number of thousands of gallons of wastewater that passed through its meter or meters times the rate developed above. il. YEAR-END ADJUSTYXNT Fol l ouing the close of the fiscal year and the issuance of the annual finan- cial report, an actual rate for the year will be computed using the followinn formul a: AR Al+ B1+ Cl N1 Where AR - the actual rate per 1,000 gallons passing through the mct4r or meters of the 1 ar ge user, Al - the total actual operation and maintenance costs incurred during the fiscal year, B1 - the total bond principal and interest payments and amounts nece:saryd in Sec - satisfy bond covenant requirements during tih�e fiscal year tion B above (this amount will not change), Cl - the replacement cost formula as computed in Section C above (this amount will not change) and NI - the total number of thousands of gallons of wastewater actually treated and disposed of through the regional ayatem for the year. The amount of adjustment due from or to each large user will be cal cul ated as shown in Table 1!-1. The actual rate, as computed above, will be multiplied by the number of thousands of gallons of wastewater that passed through the meter or meters of each large user during the year. The result, after being in- creased by applicable penalties, if any, as described in Sections 3.6, 5.2 and 5.4, will be the user's total actual charge for the fiscal year (column F). The amount paid by the large user is then subtracted to determine the addi- tional charge due from or the refund due to the large user (column H). 3of10 4703f Appendix A Page Four A Large User Fort Lauderdale Oakland Park W it ton' Manors Zsmarac Port Everglades Palmdale Total Tabl a A-1 Calculation of Year-end Adjustment B C D E F Call one Regular Total Treated in Actual Charge Penalties Actual Thousands Rate B X C Assessed_ D+ E III. EXCESS REW14UES OF THE REGIONAL SYSTEM 6 H Due From: (To) Amounr User Paid F - G Revenues from regular user charges will be equal to the costs of operation and maintenance, debt service and bond covenant requirements and replacement con- tributions. Receipt of interest revenue and penalties, if any, will result in a net income for the regional system. If such net income should occur, it will be transferred to the Replacement Account, thus resulting in lower replacement cost contributions for the following year. If any money should remain in the Replacement Account at the and of the 20 year period it will be deposited in the Replacement and Improvement Reserve Account. Any net income occurring after the initial 20 year period will also be deposited in the Replacement and Improvement Reserve Account. r 4 4703f-•4 4 of 10 Tabl a A-2 SCHEDULE OF DEBT SERVICE REQUIREMENTS GENERAL OBLIGATION SEWER BONDS 1971 UNTIL MATURITY Annual Requirements Total Issue FISCAL YEAR PRINCIPAL INTEREST TOTAL 1980 -81 $ 225,000.00 349,835.00 574,835.00 1981-82 245,000.00 332,210.00 577,210.00 1982-83 260,000.00 316,132.50 576,132.50 1983-84 280,000.00 302,802.50 582,802.50 1984-85 300, ODO.00 289, 312.50 589, 312.50 1.985-86 325,000.00 2740462.50 599,462.50 1986-87 350,000.00 258,087.50 608,087.50 1987-88 375,000.00 2409137.50 615,137.50 1988-89 4059000.00 220t637.50 6259637.50 1989-90 435,000.00 199,420.00 634,420.00 1990-91 465,000.00 176,470.00 641,470.00 1�91-92 500,000.00 151,612.50 6510612.50 1992-93 540,000.00 124,437.50 664,437.50 1993-94 580,000.00 959037.50 675,037.50 1994-95 625,000.00 63,406.25 668,406.25 1995-96 670,000.00 339600.00 703,60C.00 1996-97 505 000.00 103100.00 515 100.00 $7 085 000.00 3 437 701.25 10,522,701.25 Portion Payable by Regional System Per Schedule A-1 (782 of Total) FISCAL YEAR PRINCIPAL INTEREST TO'"AL 1980-81 $ 175,500.00 272,871.30 448,�71.30 1981-82 191,100.00 259,123.80 450,223.80 1982-83 202,800.00 246,583.35 449,383.135 1983-84 218,400.00 236,1B5.95 454,585.95 1934-85 234, 000. 00 225, 663. 75 459, 663. 75 1985-86 253,500.00 214,080.75 467,580.75 1936-87 273,000.00 2019308.25 474,308.25 1987-88 292,500.00 187,307.25 479,807.25 1988-89 3150900.00 172,097.25 487,997.25 1989-90 3390300.00 155,547.60 494,847.60 1990-91 362,700.00 137,646.60 500,346.60 1991-92 390,000.00 118,257.75 508,257.75 1992-93 421,200.00 97,061.25 $18,261.25 1993-94 452,400.00 749129.25 526,529.25 1994-95 487,500.00 49,456.88 536,956.88 1995-96 522,600.00 26,208.00 548,808.03 1996-97 393,900.00 _ 72878.0.0 401,778.00 $5i526,300.00 2 681 406.98 8,207,706.98 4703f-7 5 of 10 t � f Table A-3 SCHEDULE OF DEBT SERVICE REQUIREMENTS WATER AND SEWER REVENUE BONDS, SERIES 1973 UNTIL MATURITY Annual Requirements Total Issue FI S CAL YEAR PRINCIPAL INTEREST TOTAL 1960-81 $ 300 000 0'] 673 502 50 973 502 50 1981-82 325 000 00 654 002 50 979 002 50 1982-83 350 000 00 632 877 50 982 877 50 1983-84 375 000 00 610 127 50 985 127 50 1984-85 400 000 00 585 752 30 985 752 50 1985-86 435 000 00 559 752 50 994 752 50 1986-87 465 000 00 534 087 50 999 087 50 1987-88 500 000 00 508 977 50 1 008 977 50 1988-89 535 000 00 481 477 50 1 016 477 50 1989-90 575 000 DO 451 517 50 1 026 517 50 1990-91 615 000 00 419 317 50 1 034 317 50 1991-92 665 000 00 384 262 50 1 049 262 50 1992-93 715 000 00 346 025 00 1 061 025 00 1993-94 770 000 00 304 555 00 1 074 555 00 1994-95 835 000 00 259 895 00 1 094 895 00 1995-96 1 980 000 00 210 630 00 2 190 630 00 1996-97 1 590 000 00 93 810 00 1 683 810 00 $11 430 000 00 7 710 570 00 19 140 570 00 Portion Payable by Regional System Per Schedule A-2 (67% of Total) FISCAL YEAR PRINCIPAL INTEREST TOTAL 1980-81 $ 201 000 00 451 246 68 652 246 68 1981-82 217 750 00 438 181 68 655 931 6p 1982-83 234 500 00 424 027 93 658 527 93 1983-84 251 250 00 408 785 43 660 035 43 1984-85 268 000 00 392 454 18 660 454 18 1985-86 291 450 00 375 034 18 666 484 18 1986-87 311 550 00 357 838 63 669 388 63 1987-88 335 000 00 341 014 93 676 014 93 1988-89 358 450 00 322 589 93 681"039 93 1989-90 385 250 00 302 516 73 687 766 73 1990-91 412 050 00 280 942 73 692 992 73 1991-92 445 550 00 257 455 88 703 005 88 1992-93 479 050 00 231 836 75 710 886 75 1993-94 515 900 00 204 051 85 719 951 85 1994-95 559 450 00 174 129 65 733 579 65 1995-96 1 326,600 00 141 122 10 1 467 722 10 1996-97 1 065 300 00 �_ 62 852 70 1 128 152 70 7 658 100 00 5 166 081 96 12 824 181 96 4703f-3 6 of 10 ?able A-4 SCHEDULE OF DEBT SERVICE REQUIREMENTS WATER AND SEWER REVENUE BONDS, SERIES 1978 UNTIL MATURITY Annual Requirements Total Issue FISCAL. YEAR PRINCIPAL INTEREST TOTAL. 1980-81 400 000 00 1 550 200 00 1 950 200 00 1981-82 400 000 00 1 525 8OO 00 1 925 800 00 1982-83 500 000 00 1 501 400 00 2 001 400 00 1983-84. 500 000 00 1 470 900 00 1 970 900 00 1984-85 500 000 00 1 440 400.00 1 940 400 00 1985-86 500 000 00 1 409 900 00 1 909 900 00 1986-87 600 000 00 1 379 400 00 1 979 400 00 1987 -88 600 000 00 1 342 800 00 1 942 800 00 1988-89 600 000 00 1 307 400 00 1 907 400 00 1989-90 700 000 00 1 272 000 00 1 972 000 00 1990-91 700 000 00 1 230 700 00. 1 930 700 00 1991-92 700 000 00 1 189 400 00 1 889 400 00 1992-93 S00 000 00 1 148 100 00 1 948 100 00 1993-94 800 O00 00 1 100 900 00 1 900 900 00 1994-95 800 000 00 1 053 700 DO 1 853 700 00 1995-96 900 000 00 1 006 500 00 1 906 500 00 1996-97 1 900 000 00 952 500 00 2 852 500 00 1997-98 3 500 000 00 838 500 00 4 338 500 00 F 1998-99 3 500 000 00 625 000 00 4 125 000 00 1999 -00 3 500 000 00 411 500 00 3 911 500 00 2000-01 3 600 000 00 19B 000 00 3 798 000 00 $26 000 000 00 23 955 000 00 49 955 000 00 Portion Payable by Regional System Per Schedule A-3 (50% of Total) FISCAL YEAR PRINCIPAL INTEREST TOT 11. F 1980-�81 $ 200 000 00 775 100 00 975 100 00 1981-82 200 000 00 762 900 00 962 900 00 1982-83 250 000 00 750 700 00 1 000 700 00 1983-84 250 000 00 735 450 00 985 450 00 1984-85 250 000 00 720 200 00 970 200 00 1985-86 250 000 00 704 950 00 954 950 00 1986-87 300 000 00 689 700 00 989 700 00 1987 -N 300 000 00 671 400 00 971 400 00 1988-89 300 000 00 653 700 00 953 700 00 1989-90 350 000 00 636 000 00 986 000 00 1990-91 350 000 00 615 350 00 965 350 00 1991-92 350 000 00 594 700 00 944 70,) 00 1992-93 400 D00 00 574 050 00 974 050 00 1993-94 400 000 00 550 450 00 950 450 00 1994-95 400 000 00 526 850 00 926 850 00 1995-96 450 000 00 503 250 00 953 250 00 1996-97 950 000 00 476 250 00 1 426 250 00 1997-98 1 750 000 00 419 250 00 2 169 250 00 1998-99 1 750 000 00 312 500 00 2 062 500 00 1999-00 1 750 000 00 205 750 00 1 955 750 00 2000-01 1 800 000 00 99 000 00 1 899 000 00 $13 000 000 00 11 977 500 00 24 9.77 500 00 4703i-2 7 Of 10 I /- ■ i. Schedule A-1 GENERAL OBLIGATION SEWER BONDS 1971 PERCENTAGE OF ANNUAL REQUIREMENTS PAYABLE BY REGIONAL WASTEWATER SYSTEM PROJECTS FUNDED FROM BOND PROCEEDS REGIONAL PROJECTS TOTAL BOND FUND PROD. NO. DESCRIPTION EXPENDITURES 3325 LohIDCJer W.W.T.P. Land Acquisition $ 256,514 3572 Force Hain f rom PI ant C to D 14,773 3574 Force ?lain from Plant B to D 36,639 3575 Force Main f row Plant A to D 3,760,058 3846 Central District 22 M.G.D. W.W.T.P 17,493,570 4082 Sludge Force Mains Plant D to A 10,212 6083 Regional Pumping Sation D-54 2,010 4137 Interim Outf all at Port Everglades 32,372 4140 Effluent F it ters - Regional W.W.T.P. 212,600 4326 Chlorination Facilities - Regional W.W.T.P. 50,405 4343 0 i M Manual - Reg. Pumping Station D-54 785 4344 0 & M Manual - Reg. Interceptor 165 3998 User Charges - Regional W.W.T.P. 76 Total $21, 870,179 Leas: EPA Grant Funds Received 14,774,267 Total Net Regional Expenditures $7,095,912 [RI 1-4 *r1tex". - l8414N-4tvlk Total Expenditures $ 4,320,142 Less: EPA Grant Funds Received 2,336,327 Total Net Nonregi oval Expenditures $ 1,993,815 Total Net Regional and Non Regional Expenditures $ 9,079,727 PERCENTAGE OF NET EXPENDITURES ATTRIBUTABLE TO REGIONAL PROJECTS: 7j095,912 . 78% e 9907 9, 72 7 4703f-6 8 of 10 Schedule A-2 WATER AND SEWER REVENUES BONDS, SERIES 1973 PERCENTAGE OF ANNUAL REQUIREMENTS PAYABLE BY REGIONAL WASTEWATER SYSTEM PROJECTS FUNDED FROM BOND PROCEEDS REGIONAL PROJECTS BOND FUND EXPENDITURES PROD. N0. DESCRIPTION AS OF 5 /31 /81 3572 Force Main from Flant C to D $ 2$844,010 3574 Force ?lain from Plant B to D 229471 3575 Force Main from Plant A to D 294,778 3846 Central District 22 M.G.D. W.W.T.P 6959762 4083 Regional Pumping Sat i on D-54 - 218, 041 4137 Interim Outfall at Port Everglades 686,989 4326 Chlorination Facilities - Regional W.W.T. P. 1,626,307 4343 0 6 M Manual - Reg. Pumping Station D-54 -•0- 4344 0 6 M Manual - Reg. Interceptor --0- 4690 Force Main - Northern Interceptor 1,261 4707 North Interceptor 6 Pump Stations 345, 715 4795 Force Hain - N. Federal Hwy. (completed) 80,558 4805 Effluent Disposal -Engineering Services 304,112 7089 Effluent Disposal System - Consulting Eng. 3,924,200 7153 Reg. Plant Peroxide Treatment (completed) 1,634 7189 Reg. W.W. T. P. Expansion 21066,027 7264 Centr. Reg. Repsmp Station 1,9910694 7265 N. Interceptor - New Pump Stations 9 7266 N. Interconnector Force Hain 2,632,777 Transfer to C.O.B. '71 Fund (78%) 44.83660 Total Regional Expend. to 5/31 /81 18, 185, 005 Add: Estimated Costs to Complete Open Projects 11, 451,152 Balance Available at 5/31 /81 to be used for Regional Projects 244 830 Estimated Total Regional Expenditures 29,880,987 Deduct: EPA Grant Payments Received 10,019,320 EPA Funds to be Received on Approved Projects 5,053,399 Estimated Total Net Regional Expenditures 14,808,268 NONREGIONAL PROJECTS Total Expenditures to 5/31/81 Add: Estimated Costs to Complete our Open Projects Estimated Total Nonregional Expenditures Dedcut: EPA Grant Payments Received �. EPA Funds to be Received on Approved Projects Estimated Total Net Nonregional Expenditures Estimated Total Net Regional and Nonregional Expenditures PERCENTAGE OF NET EXPENDITURES ATTRIBUTABLE TO REGIONAL PROJE CTS : 14, 80L-268. 67% 21,947s030 $ 7, 170, 865 ' 731.334 1 7,902,199 752,815 10,622 7,136,_762 $21,947,030 4703f 9 of 10 � r ■,- ■ &. Schedule A-3 WATER AND SEWER REVENUE BONDS, SERIES 1978 PERCENTAGE OF ANNUAL REQUIREMENTS PAYABLE BY REGIONAL WASTEWATER SYSTEM PLANNED REGIONAL PROJECT EXPENDITURES MET OF EPA PORTION: PROD. NO. DESCRIPTION 7625 Wastewater pump station modification/Northern Interceptor 7190 Wastewater pump station/N.W. 6th Street 7189 Lohmeyer Regional Wastewater Treatment Plant expansion 7089 Regional effluent disposal wells Tot al FUNDS AVAILABLE FOR PROJEC? EXPENDITURES: Bond Issue Proceeds (Net of $390,000 Discount) Less Bond Issue Expenses as of 9/30/80 Subtotal Add Interest Earnings to 9/30/80 Total Available for Regional and Nonregional Projects as of 9/30/80 PERCENTAGE OF FUNDS TO BE USED FOR REGIONAL PROJECTS: 14,307,172 = SOX 281849,537 LOCAL SHARE $ 325,000 857,172 9,375,000 31750,000 $ 14,307,172 25,610,000 103.354 25,506,646 3,342,891 $ 28,849,537 4703f 10 of 10 Aped i x B I. FIXED ASSETS OF THE REGIONAL SYSTEM Map B-1 shows the location of all fixed assets of the Central Regional Waste- water System. As stated in Section 5.5.1, these assets will be accounted for within a separate accounting entity and will not be mingled with regular City of Fort Lauderdale fixed assets. Table B-1 presents a description of the System's fixed assets, showing the various components of each. The costs and estimated costs of the assets are also presented. These costs include the Environmental Protection Agency's share of eligible projects. Table B-1 CENTRAL REGIONAL WASTEWATER SYSTEM FIXED ASSETS Expenditures Map Capitalized Additional Total or Loca- Proj. as of costs to Estimated tion Description No. 9/30/80 Com lete Total Cost A NW 6th St. W/W Treatment Plant Force Main - Plant A to D 3575 $ 3,994,332 860,426 41854,758 Sludge Force Main - Plant D to A 4082 13,415 -0- 13,415 0 & M Manual - Reg. Interceptor 4344 -0- 6,000 6,000 - Modification and Pump Station 7190 -0- 3 429 778 _ 3,429,778 4,007,747 4 296 204 8,3031951 B Coral Ridge Norther Interconnector Force Main - Plant B to D 3574 -0- 6,860,051 6,860,051 Force Main - N. Federal Highway 4795 80,558 -0- 80,558 Central Region Repump Station 7264 -0- 2,410,013 2,410,013 Force Main 7266 -0- 939,j 425 3,939,425 BO 558 _31 13,209,489 13,290,047 C Western Interconnector - Force Main from Plant C 3572 2,695,879 639,682 3,335,561 Pump Station D-54 4083 -0- 300,329 300,329 0 & M Manual for D-54 4343 -0- 6,000 6,000 2,695,879 946,011 3 G41 890 D G.T. Lohmeyer W/W Treatment Plant - - - f , r Central Dist:ict 22 MGD Plant 3846 18,189,332 83,102 18,272,434 User Charges (Dropped) 3998 76 -0- 76 Interim Outfall Line 4137 719,361 62,057 781,418 Chlorination Facilities 4326 1,676,712 134,493 1,811,205 Hydrogen Peroxide Treatment 7153 1,634 -0- 1,634 Reg. Effluent Disposal Wells 7089 -0- 20,384,039 20,384,039 Plant Expansion 7189 -0- 41,909,163 41,909,163 Seal Coat Parking Lot 7369 -0- 500 500 Oxinite Odor Control System 7638 -0- 90000 9,000 Effluent Filters 4140 212,600 -0- 212,600 20 799 715 62,582,354 83,382,069 D G.T. Lohmeyer Plant - Land ' Acquisition of Land on Sliphead Road - West of and Adjacent to Plant 3325 256,514 -0- _T 256,_`.l4 E Northern Interceptor Force Main 4690 -0- 1,261 1,261 Interceptor and Pump Station 4707 -0- 560,353 560,353 New Pump Stations 1 7265 -0- 1,289,850 1,289,850 Force Main Sec. NW 9 to 12 Ave 7320 100;531 -0- 100,531 Pump Station Modification 7625 -0- 12300, 000 1,300,000 100,531 3, 151, 464 31251, 995 TOTAL ALL ASSETS 27, 940 94 84, l 85, 522 11 ? 1�466 * As any other projects are identified as fixed assets of the regional system. they will be added to this list. . ^ -t+" . r �•1 + r- Syr •►• �...�-r�•e... «.� �.._ - - ... �_ . _ .» -... ...-^i•."►'r ice{ �r� a►+ �• .n • rf ' _ o u R T .� tw 40 1 J 0�- 9-4� 6. Ntl PCX ��,r/ry.t •++yF;*r.sw•�.::•��R.r. �„ �•,_ S�R��;,�,�\G*•; •-•••-' r•w� �•.. , .. �,, �„^� w•p.t•� �. ' ;�,+"kr •tom {.��r 1, JrW n — 10 "'• III �VG • � `� . gap to jF •� ' i �. «l• :.� -$ it \, •• , ^=• ir�:.��t: f . � `� ;�;. � �• `e mot•• • '.. *� - r ,�,� � • ydO Al 459 41 1,54 ` 3��!� fir► ::��j. * t, �. r rWOL f1t� ` # • ref ,W "' �:: •rr.`.' .� A. �M •.r }c • -ram. EX 5! wit z •• AIR REl ALVi _ ..fY.�}:•�.��br` ?,+�s•r"�LN�''''�:i i�;'t•�`'��,�� �t:�•.ic= " � fir•^�� �:�'�. 16_ FE r�'�vr`.,�' ��•',` ;' i'i: T-r•a= a i+����!s4""T:ti.' :":,, .•�. t �, �# �. �t ice' � r-�. :..�� LIMIT_ of�;.. 0fT�T. p ., r�.• i.4 •ct .:.. .- .�• ^ •� - :J'aCYr:•i. •' .r1t•3.:7 .},,,� �1a"v*`; r• -'7 lk 1 ii, .its• '�-. . , . ; ; � rn - ••. I ,-•y: . • • r � � w � � . For f APPENDIX D 1 2 3 4 C] 20 11 12 13 17 1 201 211 ?.2 ?3 24 25 27, 28 29 33 34 35 36 441.4. 4=1�r Introduced by: VIIA Temp. # 2072 CITY OF TAMARAC, FLORIDA RESOLUTION NO. -� A RESOLUTION APPROVING EXECUTION OF A LARGE USER WASTEWATER AGREEMENT WITH THE CITY OF FORT LAUDERDALE FOR TAMARAC UTILITY FACILITIES EAST OF STATE ROAD 7. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the Large User Wastewater Agreement with the City of Fort Lauderdale for Tamarac Utility Facilities East of State Road 7 is hereby approved for execution by the appropriate City Officials, PASSED, ADOPTED AND APPROVED this �� "-day of &, 1981. Attest; Carol Evans, Ass't City Clerk I hereby Certify that I have approved the "form and correctness of this REsolution. 1. Arthur Birken, City Attorney r Mayot falck RECORD OF COUNCIL VOTE MAYOR: DISTRICT DISTRICT DISTRICT DISTRICT hereby certify that this �o—rr-nt Is a true and.,correct copy of /C.-- lS t OW3, 5 the original of wnial is o., , ,.Ly flail. WITNESS MY HAND AND OFt-'41- SEAL OF THE CITY OF TAMARAC, FLORIDA. This, day of ,, 19 J5,/ CITY CLERK r CITY OF FONT LAUDERDALE FLORIDA P.O. DRAWER 14250 January 6, 1983 Ms. Carol A. Evans Assistant City Clerk City of Tamarac 5311 N.W. 88 Avenue Tamarac, Florida 33321 Dear Carol: For your records, I am enclosing an executed copy of the Large User Wastewater Agreement Amendment between the City of Fort Lauderdale and the City of Tamarac. Sincerely. (Mrs,) Mai uerite Docen, CMC City Clerk,, MD/3311m Enclosure 33302 r .71 20 21 22 23 24 23 26 27 29 29 4 32 33 34 3: 31 luced by CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-82-,L� A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT WITH THE CITY OF FORT LAUDERDALE; AND PROVIDING AN EFFECTIVE DATE. Temp. #2500 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the proper City officials are hereby authorized to execute an Amendment to the Large User Wastewater Agreement with the City of Fort Lauderdale in order to provide for a method of allocating available flow capacity to all large users within the Central Wastewater Region. SECTION 2: This Resolution shall become effective upon adop- tion. PASSED, ADOPTED AND APPROVED this_&�day of 1982. ATTEST: ?SIS�-T—A N T CIT CLERK I HEREBY CERTIFY at I have MAYOR: approved the for and correct- DISTRICT ness his R olution. DISTRICT C I TOR I E Y DISTRICT DISTRICT AYO RECORD OF COUNCIL VOTE hereby certify that this is a true and correct copy of ,o----_ a-31o_ the original of wi � :: T WITNESS MY HAND Aoiu L'". r..,; _.:AL OF THE CITY QF TAMAR C, FL0ri1v.y. This^ day of 19 CITY CLERK 9 I :.W RESOLUTION NO. 62-116 A RESOLUTION AUTHORIZING THE PROPER CITY OFFI- CIALS TO EXECUTE A LARGE USER WASTEWATER AGREE- MENT AND AMENDMENT THERETO BETWEEN THE CITY OF FORT LAUDERDALE AND THE CITY_OF TAMARAC. BE IT RESOLVED BY THE CITY COMMISSION OF THL CITY OF FORT LAUDERDALE, FLORIDA: SECTION 1. That the proper City officials are hereby authorized to execute the Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac. SECTION 2. That the proper City officials are further authorized to execute the Amendment to Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac, said Amendment to provide for a method of allocating available flow capacity to all large users within the Central Wastewater Region. ADOPTED this the 20th day of April, 1982. ATTEST: City e-iT s77g Mayor -Commissioner JUN 1 8IC82%A TAMARAC CITY ENGINEER AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN CITY OF FORT LAUDERDALE AND CITY OF TAMARAC. THIS AMENDMENT TO LARGE USER WASTEWATER AGREEMENT made and entered into this 20th day of April 1982, by and between: CITY OF FORT LAUDERDALE, a Municipality of the State of Florida, hereinafter referred to as "CITY," which term shall include its successors and assigns, and CITY OF TAMARAC, a Municipality of the State of Florida, hereinafter referred to as "CUSTOMER," which term shall include its successors and assigns. WITNESSETH: WHEREAS, City and Customer entered into a Large User Wastewater Agreement on A ril 20 , 1982; and WHEREAS, said Agreement provides that City shall accept certain projected flows of wastewater from Customer, as set forth in Paragraph 3.4 of said Agreement; and WHEREAS, at the present time treatment capacity for the Central Wastewater Region is insufficient for all current and pro- jected flows; and WHEREAS, City and Customer desire to amend said Large User Agreement in order to provide for a method of allocating available flow capacity to all large users within the Central Wastewater Region; NOW, THEREFORE, City and Customer agree as follows: That Article 3 of the Large User Wastewater Agreement be- tween the City of Fort Lauderdale and City of Tamarac shall be amended by adding Paragraph 3.4.1, said paragraph to read as follows: 3.4.1 Because there is a limited flow capacity available at this time and this condition will remain until the 38 million gallon expansion of regional treatment facilities is com- pleted, it is necessary to develop a plan to allocate . available flow capacity to all large users on an equitable basis. The following system will be used: Any new flow allocation or increase in Broward County Central Wastewater Regional Treatment capacity which becomes available to the region during the treatment mode preceding completion of the 38 MGD expansion will be assigned proportionately to each user, including the City, based on actual average daily flow for the most recent 12 month period preceding the time of calculation. As an example, assume that regulatory review results in upgrading regional plant treatment capacity to 25 MGD or approximately 1.5 MGD in excess of present regional commit- ments; this 1.5 MGD increase would be proportioned as fol- lows: (The Coral Ridge Wastewater Treatment Plant will not be used for these calculations because it will remain in operation, its flow not becoming part of the Regional Sys- tem until completion of 38 MGD expansion). For�ur D. of this calculation total flow will be assumed aTs-NIGD I. Total flow for all regional users for the last 12 months. City A - 12 month average flow = 13 MGD City B - 12 month average flow = 4 MGD City C - 12 month average flow = 2 MGD City D - 12 month average flow = 1 14GD 2. Each user's flow is calculated as a percentage of the total flow existing at time of calculation; for purposes of this hypothetical situation the following percentages result: A = 65% B = 20% C = 10% D = S% 3. These percentages translate as actual capacity available to the respective large users of the 1.5 MGD increase as fol- lows: (x % times 20 MGD): 1 (A) = .975 MGD 2 (B) = .3 MGD or 300,000 gal/day 3 (C) = .15 MGD or 150,000 gal/day 4 (D) = .075 MGD or 75,000 gal/day All new flows would be calculated and proportioned in the same manner not to exceed flows projected in the Large User Agreements for any given point in time unless mutually agreed upon between the Customer and the City. That in all other respects, said Large User Wastewater Agreement, shall remain in full force and effect. WITNESSES: WITNESSES: CITYM FORT E ALE By �.t� a*0- ssianer By ._�n ---- City Manager day of 1982. CITY OF TAMARA By By ATTEST: Crty Cler - 2 - APPR OVED AS T 'FORM: y Attorney 7, this /t7;;bday of 1982. w CIYY or FORT LAUDERDALE FLORIDA P. O. DRAWER 14250 0 33302 June 30, 1986 Mrs. Carol Barbuto Assistant City Clerk City of Tamarac 5811 N.W. 88th Avenue Tamarac, Florida 33321 Dear Mrs. Barbuto: I am enclosing a fully executed Second Amendment to the Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac, along with the original Sill of Sale Absolute. Also, enclosed is a copy of Resolution No. 86-122 adopted by the City Commission on June 17, 1986. sincerely, Kris L. Anderson City Clerk KLA/0843t Enclosure SECOND AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN CITY OF FORT LAUDS DALE AND CITY OF TAMARAC THIS IS AN AMENDMEN T% A LARGE USER WASTEWATER AGREEMENT, made and entered into this day of June 1985', by and between: CITY OF FORT LAUDERDALE, a Municipality of the State of Florida, hereinafter referred to as "CITY", which term shall include its successors and assigns, and CITY OF TAMARAC, a Municipality of the State of Florida, hereinafter referred to as "CUSTOMER", which term shall include its successors and assigns. WITNESSETH: WHEREAS, CITY and CUSTOMER entered into a Large User Waste- water Agreement on April 20, 1982; and WHEREAS, said Agreement was amended on April 20, 1982, to provide for a method of allocating available flow capacity to all large users within the Central Wastewater Region; and WHEREAS, CITY and CUSTOMER wish to further amend said Agreement to clarify the point of connection to the wastewater system of the CITY and establish that the City of Tamarac shall own, operate and maintain the Tamarac Pumping Station; NOW, THEREFORE, CITY and CUSTOMER agree as follows: 1. Paragraph 2.4 of said Agreement is deleted and in its place the following is substituted: 2.4. "CUSTOMER'S SYSTEM" This term shall mean the CUSTOMER's wastewater system including gravity sewers, manholes, laterals, lift stations, pumping stations, force mains and appurtenances thereto upstream of the POINT OF CONNECTION to the CITY system. This term specifically includes but is not limited to the Tamarac Pumping Station. CUSTOMER (upon execution of this Second Amendment), assumes ownership of the Tamarac Pumping Station as evidenced and described in the Bill of Sale from the CITY to the CUSTOMER attached hereto and made a part hereof as Exhibit No. 1. All costs and expenses of any kind associated with the operation and maintenance of the Tamarac Pumping Station shall be borne by the CUSTOMER. 2. Paragraph 3.1 of said Agreement is amended by deleting the Appendix "C" attached to the Agreement and substituting in its place a Revised Appendix "C" which is attached to and made a part of this Second Amendment to Large User Wastewater Agreement. 3. Paragraph 3.1 of said Agreement is further amended to read as follows: 3.1 POINT OF CONNECTION The POINT OF CONNECTION shall be as depicted in Revised Appendix C. 4. Paragraph 7.3 of said Agreement is deleted and in its place the following is substituted: 7.3 INDEMNIFICATION AND HOLD HARMLESS CLAUSE The parties hereto specifically agree and understand that all terms, promises, covenants, conditions and contractual obligations contained in this Agreement and the transfer of ownership of the Tamarac Pumping Station to CUSTOMER are sufficient consideration for the Indemnification provisions contained herein. CUSTOMER and CITY agree that, if either is guilty of violating any of the provisions of this Agreement, the guilty party shall become liable to the other party for any expense, loss, or damage occasioned by reason of such violation, provided, however, any payment by CITY to CUSTOMER or CUSTOMER to CITY for a violation of any provision of this Agreement shall be from such source other than revenues pledged to bond holders, as may be legally available to CITY or CUSTOMER respectively. CUSTOMER agrees to hold and save harmless CITY from costs and expenses incurred by CUSTOMER or CITY in any litigation to which CUSTOMER or CITY may become a party, as either plaintiff or defendant, resulting from the effects of the improper introduction of materials by CUSTOMER or any users of CUSTOMER'S collection system into the CITY facilities, or any portion thereof, which may cause damage within or without the CITY system. CUSTOMER agrees to indemnify and hold harmless the CITY for all costs, losses and expenses, including but not limited to, damages to persons or property, including but not limited to judgments and attorneys' fees, arising out of and in connection with the transfer of ownership of the Tamarac Pumping Station from CITY TO CUSTOMER; if called upon by CITY, CUSTOMER shall assume and defend not only itself but also CITY in connection with any suit or cause of action arising from said transfer, and such defense shall be at no cost or expense whatsoever to CITY. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to CUSTOMER's responsibility to indemnify CITY. S. That except as modified herein and in the First Amendment to Agreement, said Agreement entered into by and between CITY and CUSTOMER shall remain in full force and effect. 6. This Second Amendment is made a part of said Agreement. 7. The effective date of the Second Amendment shall be the date when it has been executed by both parties hereto. 1369E " 2 ` IN WITNESS WHEREOF, the parties hereto have made and exe- cuted this Agreement on the respective dates under each signature. CITY OF FORT LAUDERDALE through its CITY COMMISSION, signing by and through its Mayor, authorized to execute same by Commission action on the 17 day of June , 19$6 , and CITY OF TAMARAC signing-7-y aT7 through its Mayor of the City Council duly authorized to execute same. WITNESSES: (CORPORATE SEAL) WITNESSES: (CORPORATE SEAL) CITY OF FORT LAUDERDALE By a r CITY OF TAMARAC By Y -Mayor By City -Manner AppT ed as rm: 7. w-Cfty Mttorney 1369E - 3 - BILL OF SALE ABSOLUTE KNOW ALL MEN BY THESE PRESENTS, That the CITY OF FORT LAUDERDALE, a municipal corporation of the State of Florida, 100 North Andrews Avenue, Fort Lauderdale, Florida, in the County of Broward and State of Florida,, party of the first part, for and in consideration of the sum of Ten Dollars ($10.00), lawful money of the United States, paid to it by the CITY OF TAMARAC, a municipal corporation of the State of Florida, 5811 Northwest 88th Avenue, Tamarac, Florida, party of the second part, the receipt whereof is hereby acknowledged, has granted, bargained, sold, transferred and delivered and by these presents does grant, bargain, sell, transfer and deliver unto the said party of the second part, its successors and assigns, the following goods and chattels: All of the sewage collection system improvements known as the Tamarac City Pumping Station, together with all the appurtenances attached thereto, located located on the land described in the documents titled "Description of Tamarac City Pumping Station" and "Pumping Systems Location Plan Tamarac City Pumping Station" prepared by Williams, Hatfield and Stoner, Inc., Job 1431-2, Sheet TC-L 1/3, dated 3/14/77, both documents being attached hereto and made a part hereof as Composite Exhibit "A". TO HAVE AND TO HOLD the same unto the said party of the second part, its successors and assigns forever. IN WITNESS WHEREOF 17 day of eighty-five. We have hereunto set our hands and seals this June , one thousand nine hundred and Signed, sealed and delivered in the presence of us: (CORPORATE SEAL) STATE OF FLORIDA: COUNTY OF BROWARD: CITY OF FORT LAUDERDALE, a Munaa . corporation of the Sta lorida Ma? or Approved as to form: BEFORE ME, an officer duly authorized by law to administer oaths and t.7�e acl nnwjedgTT,ents, Fe•rsonAlly aii p,: acod ReFFRT A. DREESSLER, CONST NCE W. ri`;r''•t:�-"�� t:nd }\RIS L. ANI- KSON, ",,ayor, City Manager and City Clerk, respectively, of the City of Fort Lauder- dale, Florida, a municipal corporation of Florida, and acknowledged they executed the foregoing Bill of Sale Absolute as the proper officials of the City of Fort Lauderdale, and the same is the act and deed of the City of Fort Lauderdale. IN WITNESS OF THE FOREGOING, I have set my hand and offi- cial seal at Fort Lauderdale, in the State and County aforesaid on June 17 1986 (SFAL)------ K tary ublic y Commission xppi t NOTARY PUBLIC STATE DF FN16A 13 7 CIE MY COMMISSION EXPIRES MAY 04 1987 BONDED 1HRU GENERAL INSURANCE UND EXHIBIT "Z - Page 2 of 2 DESCRIPTION OF TA-MARAC CITY PUMPING STATION The east 5u, of the north 75' of Parcel "A" as described in Tamarac industrial Park, a sub- division in the northeast h of Section 171 Township 49 south, Range 42E, City of Tamarac, Broward County, Florida, as recorded in Sroward County, Plat Book 63, Page 26. IK Rt- -rAA4ARAC Tamarac City Pumping Station LOCATION 5KETCH Page 1 of 2 I�,�ri I • of /tr I. kip POINT bF CO N' CTI©N pd 2' G S.P. Service a R — Ra� . •( pY UTILITY COMPANY WASTE 11W E F LO - METER i 4/A . ° . I w I� TIE • PLUG B V1;E 1 r rY r FOR FL. Y A._ gooc�er RAM SEE SH I �e A. . 6" 9006ENDi 1 Lc 'F6'=45°BEtdD' 1ztP .r •N';, O µ.'..�'r'' _ BY-PASS FOR DETAILS SHE ET BP- I i , i'Is: �� •,I _ ice: � y, i I ' 1 J _.fD O o 7 I: r CONNECT TO Exl�T AIR RELIEF' bfANHOLE ` C Ln t'�' 6"FORCE MAIN ♦ dvALVE r TEE W a �.L=JjI�d` fi 6 1 a I O 6"PLUG VALVE • ui Lot r • , T� D'�7.� u c 1=a= dns S I OBI S ` � II a • • vi" j �t � � � r?. �' w r4. • PUMPING SYSTEMS LOCATION PLAN TAMARAC CITY PUMPING STATION WILLIAMS, HATFIELD & STONER, INC. I CIVIL EMGINEERS LAND SURVEYOR$ 2312 WILTON DRIVE — FT. LAUDERDALE, FLA, NORTHERN' INTERCEPTOR a PUMPING STATIONS Fcr CITY OF FORT LAUDERDALE, FLORIDA Desipn A. L.H. - Drawn by C.C.T Checked A.A � SCALE. I" = 20' DATE 3-14-77 jog 1431-'2 TC - LI /3 REVISED APPENDIX "C" RESOLUTION NO. 86-122 A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN THE CITY OF FORT LAUDERDALE AND THE CITY OF TAMARAC, AND A BILL OF SALE FROM THE CITY OF FORT LAUDERDALE TO THE CITY OF TAMARAC FOR THE TAMARAC PUMPING STATION. WHEREAS, the City of Fort Lauderdale and the City of Tamarac entered into a Large User Wastewater Agreement, and an Amendment to said Agreement, on April 20, 1982; and WHEREAS, the City of Fort Lauderdale and the City of Tamarac wish to further amend said Agreement to clarify the point of connection to the wastewater system of the City of Fort Lauderdale and to establish that the City of Tamarac shall own, operate and maintain the Tamarac Pumping Station; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA: SECTION 1. That the proper City officials are hereby authorized to execute an Amendment to the Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac and a Bill of Sale from the City of Fort Lauderdale to the City of Tamarac to clarify the point of connection and to establish that the City of Tamarac shall own, operate and maintain the Tamarac Pumping Station, all subject to certain terms and conditions. SECTION 2. That the office of the City Attorney shall review and approve such documents as to form prior to execution of same by City officials. ADOPTED this the 17th day of June, 1986. Mayor ROBERT A. DRESSLER ATT ST: City Clerk KRIS L. ANDERSON 8639g 86-122 t Fin 2 3 4 51� I 6 7j 6 9, 10 11 12 16 17I 18 19 20 21 22 23 24 25 26 27 29 29 30 31 32 33 34 Introduced by r Temp. Reso. #4021 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-86- &(o A RESOLUTION AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A SECOND AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT WITH THE CITY OF FORT LAUDERDALE; AND PROVIDINO AN EFFECTIVEAT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECJIQN 1: That the proper City officials are hereby authorized to execute a Second Amendment to the Large User Wastewater Agreement with the City of Fort Lauderdale in order to clarify the "Point of Connection" and to establish that the City of Tamarac shall own, operate and maintain the Tamarac Pumping Station. SECTIONThis Resolution shall become effective upon adoption. PASSED, ADOPTED AND APPROVED this ��day of , 1986. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approve he form and correct— ness qT this Resolution. CITY A TORNEY ZZ MAYOR RECORD OF COUNCIL VOTE MAYOR: HART DIST. 1: C/W MASSARO DIST. 2: C/M STELZER DIST. 3: C/M GOTTESMAN f DIST. 4: V/M STEIN I hereby certify that this document is a true and correct copy of 7 (- /i 6 the original of which is on file in City Hall. WITNESS MY HAND AND. OFFICIAL SEAL OF THE CITY OF TAMARA FLOR A. This 7,0 day of 194. za'�97 CITY CLERK OFFICE OF THE CITY ATTORNEY CITY OF FORT LAUDERDALE FLORIDA May 22, 1987 Carol E. Barbuto, City Clerk City of Tamarac 5811 N.W. 88th Avenue Tamarac, F1. 33321 P.O. DRAWER 14250 ' 33302 TELEPHONE (305) 761-5033 Communication #87-470 Re: Amendment to Lame User Wastewater Agreement Dear Ms. Barbuto : Enclosed please find one fully executed original copy of the Amendment to Large User Agreement between the City of Fort Lauderdale and the City of Tamarac. Thank you for your cooperation in expediting this matter. Very truly y urs,,, 4 David Fel heim Assistant City Attorney DF:jbw:0827v Encl. cc: Allen Roberts, Utilities Director Joanne Rizi, Controller 1 2 3 4 7 8 9 10 11 12 13 14 15 16 19 20 21 22 23 24 25 %6 27 28 Q 31 32 33 34 36 Introduced by: kl/'i Temp. Reso. #4566 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87-4� A RESOLUTION APPROVING AN AMENDMENT TO THE LARGE USER WASTEWATER AGREEMENT BETWEEN THE CITY OF FORT LAUDERDALE AND THE CITY OF TAMARAC; PERTAINING TO CHARGES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the City Council of the City of Tamarac hereby approves an Amendment to the Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac pertaining to charges (attached hereto and made a part hereof as Exhibit "A"). SECTION 2: That the appropriate staff is hereby authorized to execute said amendment. SSECTtON 3: This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED this day of , 1987. �j BP,PNAkV HART MAYOR ATTEST: 1Z CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I.have approved this RESOLUTION as to f orm. a S 1 A-. BRY T TE CIT TTO 2085041387/t MAYOR: HART DIST. 1: C/M ROHR Asil DIST. 2: C/M STELZER DIST. 3: C/M HOFFMAN DIST. 4: V/M STEIN -424114--1 AMENDMENT TO LARGE USER WASTEWATER AGREEMENT BETWEEN CITY OF FORT LAUDERDALE AND CITY OF TAMARAC THIS AMENDMENT TO LARGE USER WASTEWATER AGREEMENT, made and day of entered into this �/�3 y • 1987, between: CITY OF FORT LAUDERDALE, a municipality of the State of Florida, hereinafter referred to as "CITY", which term shall include its successor and assigns, and CITY OF TAMARAC, a municipality of the State of Florida, hereinafter referred to as "CUSTOMER", which term shall include its successors and assigns. CITY and CUSTOMER entered into a Large User Wastewater Agreement on / Said Agreement provides that interest earnings of the Central Wastewater Region shall be included in the account of the repair and replacement fund. However, that fund is projected to be at its target amount substantially prior to its twenty year life. CITY and CUSTOMER agree that the fund will not be impaired by excluding interest earnings and when applied as a credit against the costs of the Region, the actual rate for wastewater treatment services charged by the Region to all Large Users will decrease. In consideration of the mutual terms and conditions, promises and covenants hereinafter set forth, CITY and CUSTOMER agree as follows: 1. That the Large User Wastewater Agreement between the City of Fort Lauderdale and the City of Tamarac is hereby amended as shown on Exhibit "B", attached to and made a part of this Agreement. 2. That the proper officials of CITY were authorized to execute this Amendment by Resolution No. 87-95, passed at the meeting of the City Commission of CITY on March 31, 1987. 3. That the proper to execute this Amendment by meeting of the C on `7x4t.<4 / 3 / 9 7 V_ officials of CUSTOMER were authorized Resolution %{- 8'7 /�� , passed at the 4v That this Amendment shall not take effect until and unless a document in substantially the same form amending the Large User Wastewater Agreement in substantially the same manner is authorized by resolution of the governing bodies and executed by the proper officials of all the other Large User customers in the Central Wastewater Region. 5. That in all other respects the'Large User Wastewater Agreement shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. WITNESSES: (CORPORATE SEAL) CITY CITY OF FORT LAUDERDALE B y ._. Mayor Approved s to form: i tT A Vt or rrey CUSTOMER WITN,ASSE/S,,� CITY OF TAMARAC J hn Kelly, y/M nager 1 141+rO X &6jqN+PP T ATTEST: ( CORPORATE SEAL) (�; ��� •�y -�z. `�` Cr7Y CLERK C'+ROL' �, BgRAvrO 3144E " 2 - ARTTC.T.F 5 PROVISIONS PERTAINING TO CHARGES 5.1 BASIS OF CHARGES Both parties agree that CITY shall provide wastewater trans- mission, treatment, and disposal service to CUSTOMER at fees, rates and charges constituting the full cost of such service, which shall include Operating and Maintenance Expense, Debt Requirements, and Capital Replacement fund (as required by PL 92-500) reduced by total interest earnings of the Central Wastewater Region. CITY shall set the same fees, rates and charges for all Large Users (including itself) as defined in Article 2.6 that are within the same Region. Such fees, rates and charges shall be adopted or amended by the CITY, and it shall consider recommendations of the individual CUSTOMERS and recommendations of the Regional Advisory Board. The CITY shall hold public hearings on amendments to the rates and charges in the manner provided by law and after at least thirty (30) days written notice has been provided to the CUSTOMER of such public hearing. The CUSTOMER shall pay a monthly charge to CITY for wastewater transmission treatment and disposal services provided by the CITY. Such charges shall include the following: 5.1.4 A credit for interest earnings of the Central Wastewater Region, shall be_com uted as a credit per 1000 gallons passing through the meter or meters serv,lng CUSTOMER. The rate for such per 1000 gallon. credit shall be com uted by dividing the bud eted annual total regional interest earnings, in thousands of dollars, for CITY'fi -ensuing fiscal year, ending September 30, by the number of thousands LLijilans of EXHIBIT B wastewater which is estimated to be treated and -disposed of through CITY'S Regional System for that year. 5;};4 5.1.5 An annual adjustment will be computed after the close of the fiscal year and the issuance of the CITY'S Annual Financial Report which will be based upon the actual rate for the year. The actual rate will be computed by dividing the actual operating and main- tenance costs, bond debt service covenant requirements and replacement costs less interest earnin s of the regional•system by the actual number of thousands of gallons of wastewater treated and disposed of through the system for that fiscal year. CUSTOMER'S actual charge for the fiscal year will be computed by multiplying the actual rate times the num- ber of thousands of gallons of wastewater delivered by CUSTOMER and increasing the amount by any additional charges as described in sections 3.6, 5.2 and 5.4. Should CUSTOMER'S actual charge exceed the amounts previously paid, a special bill will be presented to CUSTOMER showing the additional charge due. Should CUSTOMER'S actual charge be less than the amounts previously paid, the difference will be refunded to CUSTOMER. 5;3:5 5.1.6 ' The illustrations in Appendix A are designed to demonstrate and clarify the items discussed in this section and should be reviewed concurrently. 3n31F - 2 - C Appendix A 1. USER CHARGE CALCULATION Puhlic Law 92-500 (Section 204(b) (1) (A)) requires that a system of user charges be adopted to assure that each recipient of wastewater treatment ser- vices will pay its proportionate share of the costs of operation and mainten- ance (including replacement) of any waste treatment services provided by the Regional System. Accordingly, user rates will he developed annually as part of the budget process using the following formula: R= A+ B+ C- D N Where R = the rate per 1,000 gallons passing through the meter or meters of the large user, .A = operation and maintenance costs as explained in Section A below, B = debt service and bond covenant requirements as described in Section B below, C = replacement costs as described in Section C below, and D = interest earnin s as described in Section D below, and N = the total number of thousands of gallons of wastewater that it is esti- mated will be treated and disposed of through the Regional System for that year. Following the close of each fiscal year and the issuance of the annual finan- cial statements for that year, the actual user rates and charges will be calculated as described in part II of this Appendix and an adjustment made. A. Operation and Maintenance Costs The operation and maintenance portion of the user rate will be based upon the annual operating budget for the Central Regional System and will include, but not be limited to, the following categories of expenses: Personal Services Salaries XXX Employment Taxes XXX Employee Benefits XXX Current Expenses Utilities XXX Fuel, Oil & Lubricants XXX Consumable Tools XXX General Operating Supplies XXX Office Supplies XXX Chemicals XXX Professional Services XXX Insurance XXX Vehicle Operations and Maintenance XXX Equipment Repairs XXX Printing $ Binding XXX Conferences, Schools F, Travel XXX Uniforms XXX * Administrative Service Charges XXX 1XXXI * This item represents charges for the services of various City departments which will he charged to the Regional System in accordance with the City's administrative indirect cost allocation plan developed under the guide- lines of "Federal Management Circular 74-4" as reviewed and approved by the Environmental Protection Agency. Appendix A Page Two B. DEBT SERVICE AND BOND COVENANT REQUIREMENTS This portion of the rate will be based upon the bond principal and interest Payments required in the coming year and the amounts necessary for satisfac- tion of the applicable bond covenant requirements as listed below: 1. Principal and interest payments payable during the fiscal year on those portions of the Water and Sewer Revenue Bond issues of 1973 and 1978 that were used to purchase or construct fixed assets of the Regional System. (See Tables A-3 and A-4.) XXX 2. Twenty-five percent of the amount in 1. above in satisfaction of bond covenant requirements. XXX Note: Water and Sewer Revenue bond covenants require that revenues be equal. to or greater than the sum of: a) 125$ of bond principal and interest payable during the year, b) 100% of operation and maintenance costs for the year and c) 1000 of payments to reserve accounts required by other bond covenants. 3. Principal and interest payments payable during the fiscal year on that portion of the General Obligation Sewer Bond Issue of 1971 that was used to purchase or construct fixed assets of the Regional System. (See Table A-2.) XXX 4. Payment to the Operating Reserve Account of any additional amount necessary to establish a balance equal to two months' estimated operating expenses. XXX S. Payments to the Debt Service Reserve Account equal to the greater of 20% of the amount in 1. above or an amount sufficient to establish a balance in the Debt Service Reserve Account equal to the largest amount which will be required in any one year for the payment of maturing principal of and interest on Water and Sewer Revenue Bonds. Due to the difficulty in allocating this reserved requirement, the City will account for and be responsible for maintaining this reserve at the appropriate balance. -0- 5. Payments to the Replacement, and Improvement Reserve Account, if such payments should become necessary. Bond covenants require that a minimum balance of $500,000 be maintained in this account and that at the direction of the consulting engineer additional funds will be appropri- ated to cover planned project costs. At the date of signing of this agreement, the balance in the Replacement and Improve- ment Reserve Account is $500,000 and no plans exist to increase the required balance. In addition, requirements for payments to the Replacement Account, as described in Section C below, are more restrictive. For these reasons, no payments to the Replacement and Improvement Reserve Account are contemplated at the date of signing of this agreement. -0- Total XXX C. Replacement Costs This portion of the rate, as required by P.L. 92-500, is to provide for the replacement or addition of equipment, accessories or appurtenances that will be needed to maintain the performance anI capacity of the Regional System during its first 20 years of operation. A schedule will be prepared by the consulting engineer projecting such expenditures for the 20 year period. The schedule will be revised and updated each year to show the expected replace- ment costs for the remainder of the 20 years. Appendix A Page Three The replacement cost portion of all user charges collected will be deposited in the Replacement Account and replacement expenditures will he made directly from the account. I£ any unused balance remains in the Replacement Account at the end of the 20 year period it will be transferred to the Replacement and Improvement Reserve Account, as described in Section B.6. above. This portion of the rate will be calculated annually using the following formula: C = F - R Y Where C = the amount of replacement costs to be collected that year, E = the expected replacement costs for the remainder of the 20-year period as shown by the consulting engineer's updated schedule, R = the balance in the Replacement Account, anal Y = the number of years remaining in the 20-year period. D. Interest Earnings This portion of the rate is to provide credit for the interest earnings of the Central Regional Wastewater System as an offset to operating and maintenance, debt service and replacement costs provided or under items A, B and C a ove. ll: E. Monthly Billing Each large user will be billed monthly for the number of thousands of gallons of wastewater that passed through its meter or meters times the rate developed above. II. YEAR-END ADJUSTMENT Following the close of the fiscal year and the issuance of the annual finan- cial report, an actual rate for the year will be computed using the following Eormula: 1 1 1 1 AR =A + B + C - D NI Where AR - the actual rate per 1,000 gallons passing through the meter or meters of the large user, Al = the total actual operation and maintenance costs incurred during the fiscal year, B1 = the total bond principal and interest payments and amounts necessary to satisfy bond covenant requirements during the fiscal year as described in Sec- tion R above (this amount will not change), Cl - The replacement cost formula as computed in Section C above (this amount will not change), a"d n1 = The total actual interest earned during the fiscal year, and N1 - the total number of thousands of gallons of wastewater actually treated and (H.Sposed of through the regional system. for the year. Appendix A Page Four The amount of adjustment due from or to each large user will be calculated as shown in Table A-1. The actual rate, as computed above, will be multiplied by the number of thousands of gallons of wastewater that passed through the meter or meters of each large user during the year. The result, after being in- creased by applicable penalties, if any, as described in Sections 3.6, 5.2 and total actual charge for the fiscal year (column Fl. 5.4, will be the user's The amount paid by the large user.is then subtracted to determine the addi- tional charge due from or the refund due to the large user (column H). Table A-1 calculation of Year-end Adjustment A B C D E F G H Due T Gallons Regular Total From Treated in Actual Charge Penalties Actual Amount User Large User Thousands Rate B X C Assessed D $ E Paid Fort Lauderdale Oakland Park Wilton Manors Tamarac Port Everglades Pal mdal e Total. EXCESS REVENUES OF THE REGIONAL SYSTEM Revenues from regular user charges will be equal to the costs of operation and maintenance, debt service and bond covenant requirements and replacement con- tributions less interest earnin s of the system. Receipt of interest -revenge and penalties, i any, will result in a net income for the regional system. If such net income should occur, it will be transferred to the Replacement Account, thus resulting in lower replacement cost contributions for the following year. If any money should remain in the Replacement Account at the end of the 20 year period it will be deposited in the Replacement and Improvement Reserve Account. Any net income occurring after the initial 20 year period will also be deposited in the Replacement and Improvement Reserve Account. 2695E