FUNDING AGREEMENT FOR ENGINEERING SERVICES FOR CONSTRUCTION OF WATER TREATMENT PLANT
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COOPERATIVE FUNDING AGREEMENT FOR ENGINEERING SERVICES
This Cooperative Funding Agreement for Engineering Services ["Agreement"] is entered
into this L day of ~Il..Jo-o 2000, between the City of Clearwater, Florida, a
municipal corporation ["CITY"] and Tampa Bay Water, A Regional Water Supply Authority, an
interlocal governmental agency created and existing pursuant to Florida Statutes Sections
373.1962, 373.1963, and 163.01 ["TBW"].
WITNESSETH:
WHEREAS, the City wishes to assist TBW in increasing the local supply and reducing
demand on regional sources by renovating certain facilities of the City's water system;
WHEREAS, CITY and TBW desire to explore the feasibility of construction of a water
treatment plant on certain real property owned by CITY known as Reservoir No. 1 and
associated wellfields ["Property"], and TBW has engaged the services of Camp Dresser &
McKee Inc. ["CDM"] to perform certain engineering work on said project, as described further in
an Agreement for Professional Services between TBW and CDM approved by the TBW Board
October 16,2000 contingent upon certain concurrences from the Clearwater City Commission,
and accordingly the CITY desires to participate in funding such engineering services;
NOW, THEREFORE, in consideration of the premises set forth above and the
covenants and agreements set forth below, which each of the Parties acknowledges and
agrees is good and valuable consideration, receipt of which is acknowledged by all Parties,
CITY and TBW agree as follows:
1. Tampa Bay Water shall assure cooperation of CDM with the City's consulting
and staff engineers in assessment of the proposed project The City shall timely notify Tampa
Bay Water of any lack of cooperation, and Tamp Bay Water shall promptly take whatever action
is necessary to assure full cooperation.
2. The City agrees to reimburse TBW an amount of up to two hundred seventy
thousand dollars ($270,000), said sum not to exceed forty percent of the total amount of
payment for work to be performed by CDM under that Agreement for Professional Services
approved by the TBW Board on October 16, 2000, with attachments ["CDM Agreement"],
subject to the following conditions:
a. The City agrees to pay the above amount only upon receipt of written notice by
TBW received by City on or before September 30, 2001 that TBW will not
execute any lease, license, or facility purchase agreement concerning the
Property; and
b. TBW shall provide CITY with copies of all interim, status, and final reports
produced by CDM, all technical data and working papers regarding COM's
services, and all analyses, data, document, models, modeling, reports and tests
performed or utilized by CDM and made available to TBW under the Agreement
for Professional Services referred to above, and shall assure cooperation of
COM with CITY's consulting and staff engineers in assessment of the proposed
project
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3. This Agreement shall be effective as of the last date upon which all of the parties
hereto have executed this Agreement.
4. This Agreement constitutes the entire understanding between the parties with
respect to the activities contemplated by this Agreement. All prior agreements or
understandings, whether oral or written, are superseded. This Agreement may be amended
only by a written document duly executed by the parties. This Agreement shall be governed by
and construed under the laws of the State of Florida. Venue for any action arising under this
Agreement shall lie in Pinellas County, Florida.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals as
of the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By: tflp~~,1L-:JL
William B. Horne, II
Interim City Manager
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
TBW:
ATTEST:
BY~
. axwe, retary
Tampa Bay Water, A Regional Water
Supply Authority
BY ~1~~
David J. Fisc er, Chairman
Date ///3 ~ou
APPROVED AS TO FORM:
BY:
Donald D. Conn, General Counsel
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