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R13-138 Pop / -D ' c i 111awaaAy uipun,j 1wo1 - osaN\A£973ogQA0011n0 lualuo3`salid 1auJalui ; Cmodwai\ sntoputim uosolowieaoTemaddy\InCd\slasi 1\ J •Joa.lau 8Z uoi1dopr uodn uot1niosaJ sup Jo end ogtoads >? apruz Cgadau a.rn pu>? 1oauo0 pun an.j 2utaq LZ su pauntduoo pm pupal i gatau are sasnnjo „szazagM„ &utaaaoj au • j uouoas 9Z :IvHI `VQ111013 `11DV1g NOINAOI 3O AII3 1HI 5Z 3O MOISSIIr%IWO7 AIID 3[HI AS QaA'IOSiui II dS `d2I0332I1HI 'mom bZ •s J I s - Jo 1uautssassv 1111 d pn4J u 01 pa21ia)j 1uatuaa12v EZ Ourpund 1utof aup uBIs 01 XJOJD XITD pue JaftuuyAI J 1ID acp aztdog1n1 put ano.zddr 01 gorag ZZ uo1ui'og Jo 'C1t3 alp Jo sluaptsaJ pun suazijto a41 Jo 1saza1ut 1saq au1 ut aq 01 11 swaap `Buis Jo 4Z uop>,puatuurooaa uodn gorag uo1uiiog Jo 43 atp Jo uotsstuzuzoD /CID 041 `svallaHM OZ pun `.stsiCluuu 1uapuadaput alp poddns oii uorag uoluXog Jo 64 ' 1 I alp /cq SL£`6$ Jo 2uaulked aup ut ipso.' mom gown 1oafo.td I S -3 pasodoid auk luowojdurt 84 01 Two alp Jo luauzssassu luapuadaput um ionpuoo 01 sausap p.zrog IC.tostnpV saoznosaZl Li, JamAk muo!2aN JClunoD uowag wird ay `aouo Opp anp sit Jo and sr `Sv32IaHM 94 pue `.luauldolanaQ pug utuuUId .tton1asaH i1tl1nO 1amm XlddnS JamM I S 2utp e2oi g 4 oppiapnwj hod Jo /CIDD alp pui Ioi.TIsTQ ageturJQ u1'OM o --1 `JC1unoD gonag uqud UM/MS) 174 iotzlstQ 1uauuffnuew JamAk epuoi3 u1nos au1 manna(' Outpur1siapun Jo uznpuwouzaA £ 4 au1 01 iaputof u panoaddn uotsstuzuzoo /cup alp `I IOZ `LI I U `SVHIIIHM Z4 44 'dlvQ 01. 3AII33333 NV 9NIQIAOIId QMV :SISOD 2IIOAWI1S311 6 IS 30 IN31\ISSISSV Al 1Vd V 01 Q1IV1311 8 IN'31A113219V 9MKQUn3 IMIOf V 3InD3X3 0I )DEI ID L AII3 QMV 2I10VMVI\i AIIJ CHI 9MIZIIIOHII1V QMV 9 9NIA02IddV `VUDIO'I3 `H3VLII NOINAO 13O AIID 9 1HI 30 NOISSILSIL4I03 AIID 3[HI 30 NOIIIlIOSd2I V b c Z 8£I NOI.LIVIOS3?I 4 oop Is-3 1uawaai2yOu(pun,1 1wol= osa \I 19£ \£1LZ\98I \swag \h611n1v4Voine \9Q .),41ia £sddn \\ /) (Mas amodaoD) LE 9E 5E valp ADD /(i.nda bE Dy. `aPd *IV �� ?pf� EE '— Op 1ZC tE 0E LS�LIF� 6Z ollaseD aO f — JOUOISSI OD 9Z � LZ I 9Z g3 pol.nudzn j laugoim — aauolssiuzuzo: bZ 4 CZ ZZ b , JO IA Z pinuQ — .iauolssiuzuzoD 03 6L 9 L ��•,� L L ' H J MoJpooM — aoiX 96 bl E 6 •'Au of — lore Z L 2 47 . 6 VQRIO'U `HYJTg NOINAOg AO AIIL 9 L •£t0Z `aaguzaoaQ jo pup 41L sm U 1dOQV (NV QaSSyd 9 •agussud uodn iclampawuzi anUoaJJa aut000q Hugs uonnlosaj stuff luu.I, £ uopaag • ugtgx st anq uud ovum puff ()long pagotuu b si luauioo v luoovalul plus jo /Cdoo i `slsoD .1ioA1os011 I s -3 jo luauzssassd ,CUud pi nu, E o� plum' 1uauzaaJ V utpund luto f auk u2Is )Jala /CID puu JaaeunlA /cup aun sazUogp1W 3 pur sanoadde Adam' uoeag uoluicog jo Xnj atp Jo uotsstuzuzoD .KuD aq •Z uoi1o3S `)1 —\ S JOINT FUNDING AGREEMENT RELATED TO A THIRD -PARTY ASSESSMENT OF C -51 RESERVOIR COSTS THIS AGREEMENT is made and entered into this day of , , by and among PALM BEACH COUNTY, a political subdivision of the State of Florida ( "Palm Beach County "), BROWARD COUNTY, a political subdivision of the State of Florida ( "Broward County "), CITY OF SUNRISE, a municipal corporation located in Broward County, Florida, organized and existing under the State of Florida ( "Sunrise "), CITY OF FORT LAUDERDALE, a municipal corporation located in Broward County, Florida, organized and existing under the State of Florida ( "Fort Lauderdale "), CITY OF HALLANDALE BEACH, a municipal corporation located in Broward County, Florida, organized and existing under the State of Florida ( "Hallandale Beach "), TOWN OF DAVIE, a municipal corporation located in Broward County, Florida, organized and existing under the State of Florida ( "Davie "), CITY OF BOCA RATON, a municipal corporation located in Palm Beach County, Florida, organized and existing under the State of Florida ( "Boca Raton "), CITY OF WEST PALM BEACH, a municipal corporation located in Palm Beach County, Florida, organized and existing under the State of Florida ( "West Palm Beach ") LAKE WORTH DRAINAGE DISTRICT, a water control district located in Palm Beach County, Florida, organized and existing pursuant to the laws of Florida ( "LWDD"), and the CITY OF BOYNTON BEACH, a municipal corporation located in Palm Beach County, Florida, organized and existing under the State of Florida ( "Boynton Beach ") all of which are hereinafter sometimes referred to as the "Parties," or individually referred to as a 'Party." RECITALS WHEREAS, water resources in South Florida are limited and are projected to be insufficient to meet the long term future demands of the environment, industry, agriculture and public water supply; and WHEREAS, a major reason for this limitation is the natural weather cycle of dry and wet seasons, and the fact that the regional drainage system releases large amounts of fresh water to tide during the wet season which then becomes unavailable to supplement water supplies during the dry season; and WHEREAS, there are sections of land in central Palm Beach County that may be capable of efficiently storing large amounts of fresh water due to the unique geological structure; and WHEREAS, the owners of these sections of land are currently mining it for aggregate and have proposed and designed a large reservoir known as the C -51 Reservoir to store excess fresh water during the wet season (the "C -51 Reservoir project "), which reservoir is capable of mitigating much of the potentially unmet fresh water demand in Palm Beach and Broward Counties; and WHEREAS, the Water Resource Task Forces of both Palm Beach and Broward Counties, the County Commissions of Palm Beach and Broward Counties, and a number of municipalities in both Counties have passed resolutions supporting the concept of building the C -51 Reservoir project; and WHEREAS, the owners of the sections of land and mining operation as set forth above have performed a cost evaluation of both the capital and operating costs of the proposed C -51 Reservoir project; and WHEREAS, public water suppliers would benefit from an independent cost evaluation study of the proposed C -51 Reservoir project (the "Study "), performed by a qualified engineering firm, to provide a reference point for potential negotiations; and WHEREAS, Palm Beach County has agreed to be the lead governmental entity responsible for procuring and securing the services of a qualified engineering firm to perform the Study; and WHEREAS, pursuant to the Consultant's Competitive Negotiations Act, Palm Beach County has engaged the firm of MWH Americas, Inc. (the "Study Engineer ") to perform continuing general engineering services, and Palm Beach County intends to issue a task order to the Study Engineer to complete the Study; and WHEREAS, the Parties agree to fund the costs of the independent cost evaluation (the "Study Costs ") in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, the Parties hereby agree as follows: 1. Recitals. The foregoing statements are true and correct and are incorporated herein by reference. 2. Effective Date. This Agreement shall become effective upon approval and execution by all Parties. 3. Term. The Term of this Agreement shall commence on the Effective Date and continue until the completion of the Study and the reimbursement of the Study Costs by all Parties; provided, however, if the term of this Agreement extends beyond a single fiscal year of the Parties, the continuation of this Agreement beyond the end of any fiscal year shall be subject to the appropriation and availability of funds of each of the Parties. 4. Engagement of Study Engineer. Palm Beach County shall issue a task order to the Study Engineer to perform the Scope of Services set forth in Exhibit "A," which is attached hereto and incorporated herein, not -to- exceed 5150,000.00. Palm Beach County shall not authorize any changes to the Scope of Work without first providing written notice to the Parties and receiving written authorization from the Parties, through each Party's Authorized Representative. A written 2 amendment to this Agreement is required to increase the not -to- exceed amount of the Study. Palm Beach County will reimburse the Study Engineer for the Study Costs in accordance with its own policies and procedures. It is understood and agreed that Palm Beach County will employ the Study Engineer to perform the Study and none of the other Parties shall have any contractual obligations to the Study Engineer. 5. Reimbursement of Study Costs. The Parties agree to reimburse Palm Beach County for the Study Costs proportionate to their allocated share of the Study Costs as set forth in Exhibit "B," which is attached hereto and incorporated herein. Following the completion of the Study, Palm Beach will invoice each Party for their proportionate share of the Study Costs. Each Party agrees to pay its proportionate share of the Study Costs and make payment to Palm Beach County within thirty (30) days from the date the bill is received by each Party. A past due notice will be mailed by Palm Beach County to any delinquent Party after thirty (30) days. If payment has not been received after sixty (60) days from the date the original bill was received by the Party, a one percent (1 %) per month interest charge will be assessed on the outstanding balance. 6. Notice /Authorized Representatives. All notices provided for herein shall be in writing and transmitted by mail or by courier to the Authorized Representatives of each Party at the addresses set forth below: Palm Beach County: Bevin Beaudet, Director Palm Beach County Water Utilities Department 8100 Forest Hill Boulevard P.O. Box 16097 West Palm Beach, FL 33416 -6097 Broward County: Alan Garcia, Director Broward County Water and Wastewater Services 2555 W. Copans Road Pompano Beach, FL 33069 Sunrise: Tim Welch 777 Sawgrass Corporate Parkway Sunrise, FL 33325 Fort Lauderdale: Hardeep Anand 100 N. Andrews Avenue Fort Lauderdale, FL 33301 Hallandale Beach: Earl King 630 NW 2 Street Hallandale Beach, FL 33009 3 Davie: Don Bayler 7351 S.W. 30th Street Davie, FL 33324 Boca Raton: Chris Helfrich 1401 Glades Road Boca Raton, FL 33431 West Palm Beach: Scott D. Kelly 401 Clematis Street P.O. Box 3366 West Palm Beach, FL 33402 LWDD: Robert Brown 13081 Military Trail Delray Beach, FL 33484 Boynton Beach Kofi Boateng 100 E. Boynton Beach Blvd Boynton Beach, FL 33435 7. Indemnification and Insurance. The Parties acknowledge the waiver of sovereign immunity for liability in tort contained in Florida Statutes 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledge that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent permitted by law, the Parties agree to be responsible for all such claims and damages, to the extent and limits provided in Florida Statutes Section 768.28, arising from the actions of their respective employees. The Parties acknowledge that the foregoing shall not constitute an agreement by either party to indemnify the other, nor a waiver of sovereign immunity, nor a waiver of any defense the parties may have under such statute, nor as consent to be sued by third parties. The Parties are entities subject to Section 768.28, Florida Statutes, and each shall furnish the other with written verification of liability protection in accordance with state law prior to final execution of this Agreement. 8. Force Majeure. In the event that the performance of this Agreement by any Party to this Agreement is prevented or interrupted in consequence of any cause beyond the control of any Party, including, but not limited to, Acts of God or of the public enemy, war, national emergency, allocation of or other governmental restrictions upon the use or availability of labor or materials, rationing, civil insurrection, riot, disorder or demonstration, terrorism, strike, embargo, flood, tidal 4 wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe or water plant failures and sewer main breaks, no Party shall be liable for such non - performance. 9. Remedies. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County. No remedy herein conferred is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter. 10. Successors and Assigns. Each Party binds itself and its partners, successors, executors, administrators and assigns to the other Parties and to the partners, successors, executors, administrators and assigns of such other Parties, in respect to all covenants of this Agreement. No Party shall assign, sublet, convey, or transfer its interest in this Agreement without prior written consent of the other Parties. 11. Waiver. The failure of any Party to insist on the strict performance of any of the agreements, terms, covenants and conditions hereof shall not be deemed a waiver of any rights or remedies that said Party may have for any subsequent breach, default, or non - performance, and said Party's right to insist on strict performance of this Agreement shall not be affected by any previous waiver of course or dealing. 12. Severability. If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable by any court of competent jurisdiction, then the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 13. Amendment and Modification. This Agreement may only be amended, modified, changed, supplemented or discharged by an instrument in writing, executed by the Parties with the same formality and of equal dignity herewith. 14. Entirety of Agreement. Parties agree that this Agreement and any Exhibits hereto set forth the entire agreement among the Parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the Parties. 15. Palm Beach County Office of the Inspector General. Pursuant to Palm Beach County Code, Sections 2-421 through 2-440, as amended, Palm Beach County's Office of Inspector General is authorized to have the power to review past, present and proposed County contracts, transactions, accounts and records. The Inspector General's authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud. Failure to cooperate with the Inspector General or interfering with or impeding any investigation shall be a violation of Palm Beach County 5 Code, Section 2-421 through 2-440, and punished pursuant to Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor. 16. No Third Party Beneficiary. No provision of this Agreement is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a Party to this Agreement, including but not limited to any citizen or employees of the Parties. 17. Non - Discrimination. Palm Beach County agrees and certifies that it shall comply with Title VII of the Civil Rights Act of 1964, as amended, and Palm Beach County Resolution No. R92- 13, and shall not discriminate against any individual on the basis of their race, color, national origin, religion, ancestry, sex, age, marital status, familial status, sexual orientation, disability, or gender identity or expression, during their performance of this Agreement. 18. Incorporation by Reference. The attached Exhibits A and B are incorporated into and made a part of this Agreement. 19. Representation of Authority. Each individual executing this Agreement on behalf of a party hereto hereby represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full and legal authority. CLUE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK) 6