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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-137CITY OF TAMARAC, FLORIDA ' RESOLUTION NO. R-92 157 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND CORAL SPRINGS IMPROVEMENT DISTRICT (CSID), FOR EMERGENCY WATER INTERCONNECT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida believes that it is in the best interests of the citizens and residents of the City of Tamarac to provide many services and conveniences; and WHEREAS, the City Council is desirous of entering into an Interlocal Agreement with Cora Springs Improvement District (CSID) for Emergency Water Interconnect. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC F •: 9: SECTION 1: That the appropriate City officials are hereby authorized to execute Agreement with Coral Springs Improvement District for Emergency Water Interconnect, a copy the Agreement is attached hereto as "Exhibit A" and made a part hereof. SECTInU 2; All resolutions or parts of resolutions in conflict herewith are her repealed to the extent of such conflict. SEQIi.QN 3: If any clause, section, other part or application of this Resolution is held any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it sh not affect the validity of the remaining portions or applications of this Resolution. SECTION 4: This Resolution shall become effective immediately upon its passage a adoption. PASSED AND ADOPTED this��`"d-ay of QZA 1992. H.L. BENDER MAYOR - ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as �r form.. ELL S. R� CITY ATTORNEY (CSID.ms) I RECORD OF COUNCIL MAYOR BENDER DISTRICT 1: ,Q/_M KAT .,, DISTRICT 2: V/,M�$Quylm DISTRICT 3: /M -SQLJREIQE DISTRICT 4: C/M ARRAMrnA Cl INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC AND 0 CORAL SPRINGS IMPROVEMENT DISTRICT August 4, 1992 9 a0: EMERGENCY WATER INTERCONNECT /1% 37 " (,1_5,2_i37111 0 THIS AGREEMENT is made and entered into between the City of Tamarac, Florida, a Florida municipal corporation (hereinafter "CITY"), and Coral Springs Improvement District, Coral Springs, Florida, a Florida Special Purpose Taxing District created by Special Act of the State Legislature (hereinafter "CSID"). WITNESSETH: WHEREAS, CITY and CSID desire to provide for water needs for their respective water supply systems during emergency periods of reduced availability of their normal sources; and WHEREAS, CITY and CSID as neighboring local utilities with existing facilities capable of furnishing limited potable water supply to each other, agree to enter into an agreement outlining the terms upon which each will furnish water to the other in times of emergency reduced availability of normal supplies; and WHEREAS, the CITY and CSID desire to address their mutual concerns by entering • into this Interlocal Agreement, pursuant to Section 163.01, Fla. Stats.; and WHEREAS, it is deemed in the best interests of both CITY and CSID each to make this provision for augmenting emergency water supplies when such a need should arise. NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, it is agreed: 1. Subject to the terms of this Agreement, CITY agrees to supply to CSID such potable water as is available within the CITY water system that is over and above the needs and demands of CITY and the customers of its water service area. 2. Subject to the terms of this Agreement, CSID agrees to supply to CITY such potable water as is available within the CSID water system that is over and above the needs and demands of CSID and the customers of its water service area. 3. Water supplied under this Agreement shall be delivered to, and received from interconnecting facilities to be constructed on the bridge over the South Florida • Water Management District's (SFWMD) C-14 Canal on Coral Ridge Drive, said canal being between the northern boundary line of the City of Tamarac, Florida, and the �N I/ _ %2 _ i3 �r I 0 southern boundary line of the City of Coral Springs, Florida, as shown in Exhibits 1 and 2 to this Agreement. Said interconnecting facilities, hereinafter referred to as "The INTERCONNECT", shall be substantially as is shown conceptually in Exhibit 1 to this Agreement. The interconnect shall be jointly owned. Construction and Cost sharing of the INTERCONNECT shall be subject to the following: a. Both parties shall execute a mutually acceptable Agreement with a contractor to construct the "INTERCONNECT". b. Design and obtaining of permits from Health and Rehabilitative Services (HRS), SFWMD and Broward County shall be administered by CITY. C. Resident Engineering and supervision of construction shall be administered by CITY. d. During construction, CITY will advise CSID in advance of any proposed 0 Change Order(s) to the construction contract that might affect the cost of the pay item for construction of the Interconnect. CITY shall be responsible for administering the construction contract. e. CITY shall process payment of costs of construction to construction contractor subject to CSID funding to the CITY of fifty percent (50%) of the Contract amount for construction of the Interconnect within thirty (30) days of contract award for construction. f. Change orders will be subject to timely agreement of both parties within fourteen (14) days and CSID shall fund to the CITY their fifty percent (50%) share of the cost to the CITY within forty-eight (48) hours of change order approval. 4. Subsequent to completion of construction of The Interconnect ownership of . all facilities therein shall be joint between the two parties. Responsibilities and costs for operation, maintenance, repair and replacement as needed shall be shared fifty percent (50%) by each parry to this Agreement. �3 If I 0 5. Water provided by one party to the other under the provisions of this Agreement shall be only that water needed to provide temporary assistance in the event one party has an emergency need for water beyond that available in its own system, while at the same time the water available to the other parry is in excess of its then current needs. Water shall .be provided subject to the following conditions: a. In case of an emergency, a written or verbal communication from the City of Tamarac's City Manager or his designee, CSID's Chief Operator or his designee setting forth the emergency and estimated time of use, shall be made and shall be the only request necessary to open the valve. Turning off the valve shall be handled by the same procedure. There shall be no charge for the water provided under the Agreement. b. The receiving party agrees to exercise prompt and diligent effort to eliminate its need to obtain water from the transmitting party. C. Each party to this Agreement expressly acknowledges the right of either party to refuse to provide or to cease to provide the emergency water service, as set forth in this Agreement, if the party refusing determines that either the provision of such service or the continuation of such service would constitute a danger to the health, safety and welfare of its citizens. In the event of such refusal, the requesting party agrees to waive any claim of loss or damage against the refusing parry. 6. This Agreement shall remain in full force and effect until terminated upon sixty (60) days written notice by either party to the other at its sole discretion. 7. It is understood and agreed by and between the two parties that if any condition or provision contained in this Agreement is held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other condition or provision herein contained, however, that the invalidity of any such condition or provision does not • materially prejudice either party in its respective rights and obligations contained in the remaining valid conditions or provisions of the Agreement. 4 ,o /� —5CZ_ /3 ? rt 8. No waiver of any breach of this Agreement shall be held to be a waiver of any other subsequent breach. 9. This Agreement shall take effect upon its execution by both parties. 10. It is understood and agreed that this document incorporates and includes all prior negotiations, correspondences, conversations, agreements or undertakings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or undertakings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. 1 1 . 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 with equal dignity herewith. • 12. This Agreement or any interest therein, shall not be assigned, transferred or otherwise encumbered under any circumstances by either party. 13. The parties agree to indemnify and save each other, their agents, servants and employees harmless from and against any claim, demand or cause of action of whatsoever kind or nature arising out of error, omission, or negligent act of either party, its agents, servants and employees arising out of the performance of services under this Agreement to the extent provided by law. 14. This Agreement is executed and is to be performed in the State of Florida, and shall be governed by and construed in accordance with the laws of the State of Florida. This document shall be executed in at least four (4) counterparts, each of which shall be deemed to be a duplicate original. 15. In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs incurred, including a reasonable 0 attorneys fee at both trial and appellate levels. This and all other provisions of the 61 r Contract shall survive the execution of this transaction. Venue of any litigation shall be set in Broward County, Florida. 16. Wherever any approval is required hereunder, it shall not be unreasonably withheld. 17. The parties covenant and agree that time is of the essence in the performance of any and all obligations contained herein. 18. Whenever either party desires to give notice unto any other party it must be given by written notice sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for the giving of notice, to wit: City Manager City of Tamarac 7525 N.W. 88 Avenue Tamarac, Florida 33321 with a copy to: The City Attorney 7525 N.W. 88 Avenue Tamarac, Florida 33321 CORAL SPRINGS IMPROVEMENT DISTRICT (MU_ Coral Springs Improvement District (CSID) Board of Supervisors c% Charles H. Perron, P.E. District Engineer 10300 N.W. 11th Manor Coral Springs, FL 33071 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC through its City Council, signing by and through its Mayor, authorized to execute same by Council action on the 0 492May of -- 1992, and CORAL SPRINGS IMPROVEMENT DISTRICT through its BOARD OF GOVERNORS, signing by and through its Chairman, duly authorized to execute same by Board action on the day of . 992. ATTEST: Carol A. Evans City Clerk ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Pistrfct Attorney FA wj. .:7,IT T.T. By: Bender, Mayor Date: /-I— . )(Y — Jahn P. Kelly Cor ity Manager Date: Approved as to form: *A S. K Attorney CORAL SPRINGS IMPROVEMENT DISTRICT, by its Board of Supervisors: 4 APPROVED AS TO TECHNICAL SUFRCIENCY: By. District Engi e�C�jD "It -%2-,37 ` EXHIBIT 1 --- 1-1 , rEt� !!' m t I t 3tvwun65 EXHIBIT 2 it _go2_,3 (lot - Sv2- ` /3 -) " :•,::� WZYMMEOMIP. To the City of Tamarac, �and Coral Springs Industrial District, Broward County, Florida as the parties of the first part. Proposal made by N as party of the second part, whose business address is Zaft"" 6j State whether Bidder is an individual, a partnership or a corporation If a party rship or corporation, give names of all partners or officers " U - / c7 F_ Accompanying this Proposal is a bid security for From otV �c✓v%� Name of Surety 1. The undersigned party of the second part, do hereby declare that we have carefully examined the Contract Documents relating to the above entitled matter and the work, and have personally inspected the location of the work. 2. The undersigned do hereby declare that we are the only person or persons interested in the said bid; that it is made without any connection with any person submitting another bid for the same contract; that the bid is in all respects fair and without collusion, fraud, or mental reservations; that no official of the Co -Owners or any person in the employ of the said is directly or indirectly interested in said bid or in the supplies of work to which it relates, or in any portion of the profits thereof. 3. The undersigned do hereby offer and agree to furnish all materials to fully and faithfully construct, perform and P-1 Us' Pay Item 1 I1,erg,,,2--/ 3 7" Proposal 12" Emergency Potable Water Supply Inter -Connect Between city of Tamarac and Coral Springs Improvement District, Located At Nob Hill Road/Coral Ridge Drive Across the C-14 Canal Estimated Ouant= Lump Sum Flanged, Class 53 and 12" ductile iron mechanical joint, Class 52 buried pipe with megalug joint restraints and gate valves within the C-14 Canal right-of-way including the stainless steel bridge pipe supports and pipe roller chair bracket assemblies, air relief valve, fan guard assemblies and all appurtenances, as shown and noted on the contract drawings and in accordance with Broward County Engineering, HRS and DER standards at the lump sum price of: `_. Dollars and .Cents P-4 Total 6 9 „�r _5cz _/ Pay Estimated Iti n� 0u t 2 Lump Sum Furnish and install 1611 fittings,, ductile/iron pipefittings, Class 52 with megalug joint restraints, tapping sleeve, valves and all appurtenances across Nob Hill Road and Southgate Boulevard as shown on the contract drawings including pavement removal, automatic traf- fic control systems replacement cost, curb replacements, repaving, all in accordance with Broward County Engineering, HRS and DER standards, making all required tie-ins and testing at the lump sum price of: ,- Dollars and `~S/K Cents INDEMNIFICATION 3 Lump Sum ConsiderationfoorpIndemnification for the lump sum Dollars and C�7,S,00 Cents _ GRAND TOTAL BID FOR ITEMS 1 / /9J-3 THROUGH 3 INCLUSIVE: (FIGURES) (GRAND TOTAL BID WRITTEN) P-5 W,fl