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repealed to the extent of such conflict.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
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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
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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.
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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.
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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
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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
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wj. .:7,IT T.T.
By:
Bender, Mayor
Date: /-I—
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)(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
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` EXHIBIT 1 ---
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EXHIBIT 2
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:•,::� 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
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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
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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
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