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`)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
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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
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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
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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
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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.
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