80-16365 Reso RESOLUTION NO. 80-16365
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
' OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU-
TION OF A CONTRACT BETWEEN THE CITY OF MIAMI
BEACH, THE CITY OF NORTH BAY VILLAGE, AND THE
MIAMI-DADE WATER AND SEWER AUTHORITY PROVIDING
FOR THE FURNISHING OF WATER SERVICE BY THE CITY
OF MIAMI BEACH TO THE MIAMI-DADE WATER AND SEWER
AUTHORITY AND RESALE TO THE CITY OF NORTH BAY
VILLAGE.
WHEREAS, for the reasons more particularly set forth in
Commission Memorandum No. - 8424 , the City Commission of the City' of
Miami Beach finds it in the best interest of the City to enter into
a contract between the City of Miami Beach, the City of North Bay
Village and Miami-Dade Water and Sewer Authority providing for fur-
nishing of water service by the City of Miami Beach to the Miami-
Dade Water and Sewer Authority for resale to the City of North Bay
Village; and
WHEREAS, said contract will also result in the settlement
of certain litigation between the City of North Bay Village and the
City of Miami Beach relating to the sale of water ; and
WHEREAS, the City Attorney recommends settlement of said
litigation on the terms contained in said contract, and the City
Manager concurs with said terms; and
WHEREAS, the City Manager has recommended that the City
enter into said contract, and the City Attorney has approved same
as to form and legal sufficiency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk be
and they are hereby authorized and directed to enter into a con-
tract substantially in the form presented to the City Commission
for and on behalf of, and in the name of the City of Miami Beach,
Florida.
PASSED and ADOPTED this 20th day of August , 1980.
Ma
Attest:
City Clerk
FORM APPROVED
LEC'A DEPT .
By
Date
BMS:el
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
r
OFFICE OF THE CITY ATTORNEY
F L O R 0 D A
P�1 BF,•
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JOHN A. RITTER s,� �`^ TELEPHONE :673-7470
CITY ATTORNEY
COMMISSION MEMORANDUM NO.
DATE: August 20, 1980
TO: Mayor Murray Meyerson and
Members of the City. Commission
City Manager Harold T. Toal
'1
FROM: John. A. Ritter
City Attorney �
SUBJECT: FINAL SETTLEMENT AGREEMENT WITH NORTH
BAY VILLAGE FOR THE SALE OF WATER
BACKGROUND
.The City Administration and the City Attorney's Office have been in
negotiations with North Bay Village for approximately seventeen
months. As previously reported to the Commission, the original meet-
ing with representatives from this City occurred on April 23, 1979.
On December 5, 1979, a proposed settlement was presented to the City
Commission. The City Commission authorized the City Attorney and the
City Administration to proceed to negotiate a final settlement based
upon the conditions set out in the oral report presented by the City
Attorney.
The offer, which was the basis for beginning final negotiations , was
as follows:
Lump sum amount to be paid to the City of Miami
Beach totalling $242, 000.00.
The payment of a prospective rate for the supply
of water at 31. 50 per thousand gallons for a per-
iod of one year beginning at the :date the settle-
ment agreement is entered into. After this period
of one year, and for the remainder of said agree-
ment, North Bay Village will pay a rate at the
greater of 123% of the cost of the water to the
City of Miami Beach, or 31. 50 per thousand gallons .
FINAL SETTLEMENT
The contract attached to this memorandum represents the complete and
final settlement agreement between the parties. The Dade Water and
Sewer Board and Miami-Dade Water and Sewer Authority have approved
the attached Agreement between the City of Miami Beach, North Bay
Village and WASA. Said Agreement settles our water rate dispute and
establishes a future water rate. The essential elements of the final
settlement agreement are summarized below.
- LUMP SUM: A lump sum settlement of $242,000. 00
payable to the City of Miami Beach from the estab-
lished escrow accounts.
- RATE: The rate of water sale to WASA for resale
to the City of North Bay Village will be 123% of
AGENDA
ITEM
DATE � � � u
the total cost of water as billed by the Author-
ity to the City of Miami Beach on a monthly
basis.
TERM: The term of this Agreement is through
June 24, 1987, the expiration date of the City 's
Agreement with the Water and Sewer Authority.
- TRANSFER OF DEED TO TRANSMISSION MAIN: Either at
the termination date of this Agreement or at the
end of the life of the outstanding bonds associ-
ated with the Miami Beach 's 79th Street Causeway
thirty (30) inch water transmission main, at the
option of Miami Beach, Miami Beach will deed to-
WASA that portion of said main west of the east
boundary of North Bay Village.
SERVICE: The City of Miami Beach agrees to pro-
vide the same water pressure at ' the point of
delivery which it endeavors to maintain through-
out the remainder -of our system. In the event
of insufficient supply of water to the Miami
Beach system, based upon some extraordinary
circumstance limiting the delivery of water to
Miami Beach, the Agreement would require us to
resell a pro-rated share to the Authority for
distribution to North Bay Village.
WAIVER: All parties to the Agreement stipulate
that the rate provided in the Agreement is fair
and equitable, and waive any further review of
the Water and Sewer Board.
ADDITIONAL REVENUES
In addition to the $242, 000. 00 for water service rendered prior to
October 1, 1979, the City of Miami Beach will be entitled to bill
North Bay Village at the rate of 123% of the rate paid by the City
of Miami Beach to. WASA from October 1, 1979 to present. The City 's
records indicate that through the month of July, 1980, this would
amount to $141, 458. 34 in addition to $10, 064. 50 owed to the City for
the September, 1979 water bill, or a total of $151, 522. 84. This
amount, in conjunction with the settlement amount, would provide the
City with additional revenues in the amount of $383, 458. 34.
RECOMMENDATION
It is recommended by the City Attorney 's Office that the City
Commission approve the Resolution and the attached Agreement between
the City of Miami Beach, the City of North Bay Village and the Miami-
Dade Water and Sewer Authority, and authorize the Mayor to execute
the Agreement for and on behalf of the City of Miami Beach.
Prepared by Bruce M. Singer, Chief Assistant
cc: Elaine Matthews
Frank Aymonin
Page 2 of 2
MIAMI-DADE WATER AND SEWER AUTHORITY
at
P.O.BOX 330316 Main Office
� 3575 S.LeJeune Road
= MIAMI.FLORIDA 33133 Telephone 665 7471
J
P
rZ_1
NO
AlJra, 151980
PUBLIC U1 1L DES UGH N MENT
August 13, 1980 By .--.-
Mr. Frank Aymonin
Director of Public Works
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: North Bay Village Water
Purchase Contract
Dear Mr, Aymonin:
We are pleased to enclose four copies of the Contract
referenced above which have been executed by Mr. Sloan. Please
have the copies executed on behalf of the City of Miami Beach and
then forward them to the City of North Bay Village. We would like
to have two fully executed copies returned to us by, North Bay
Village.
i
Very truly yours,
R. B. Lichtenstein
Contracts Officer
RBL/by
Enclosure
cc: Joseph Weil, Esquire
City of North Bay Village
TO : Frank Aymonin DATE: August 28 , 1980
FROM: Elaine Matthews
As per letter copy above from R.B. Lichtenstein, we have executed 4
copies of the contract, enclosed herewith, for signature by the
Mayor and the City Clerk of North Bay Village together with copies
of the authorizing resolution, �1o. 80-16365.
Please request that the blue-backed copy be returned to the attention
of Evelyn Leventhal in this office when fully executed. She will
subsequently provide you with a set for your files.
Also enclosed for your records is the "original" of your letter from,
Mr. Lichtenstein.
Thank you.
y Iklkv �-
elf
3) �•
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CONTRACT BETWEEN AU9 151980
THE CITY OF MIAMI BEACH
THE CITY OF NORTH BAY VILLAGE PUBLIC UTILMES UOAKIMENT
AND BV
THE MIAMI-DADE WATER AND SEWER AUTHORITY-
PROVIDING FOR FURNISHING OF WATER SERVICE
BY THE CITY OF MIAMI BEACH TO
rrHE MIAMI.-DADE WATER AND SEWER AUTHORITY
FOR RESALE TO THE
CITY OF NORTH BAY VILLAGE
THIS CONTRACT, made and entered into this 20th day of
August 1980 by and between the City of Miami Beach,
hereinafter referred to as "Miami Beach" , the City of North Bay
village, hereinafter referred to as "North Bay Village" , each a
municipal corporation organized and existing under the laws of the
State of Florida, and the Miami-Dade Water and Sewer Authority,
hereinafter referred to as the "Authority" , an agency and
instrumentality of Dade County, Florida.
W I 'T' N E S S E T H
WHEREAS , there is an existing contract dated June 24 , 1957 ,
between the former Department of Water and Sewers of the City of
Miami , predecessor to the Authority, and Miami Beach relating to
the supply of water by the Authority to Miami Beach; and
WHEREAS , there have been disputes and litigation between Miami
Beach and North Bay Village relating to rights under that contract;
and
WHEREAS , the purpose of this present Contract is to provide a
total source of water supply directly from the Authority' s system
to North Bay Village and to terminate such provisions in the
existing contract of June 24 , 1957 , a.s hereinabove described, as
they relate to North Bay Village; and
WHEREAS, Miami Beach desires to deed to the Authority a
portion of Miami Beach ' s 79th Street (North Bay) Causeway thirty
( 30 ) inch water transmission main so that the Authority may supply
water to North Bay Village directly from that main;
NOW THEREFORE, in consideration of the covenants and
agreements herein set forth to be observed and performed, the
parties hereto hereby covenant and agree that the above recitations
are true and further covenant and agree that:
1. The contract of June 24 , 1957 , to the extent that it
relates, directly or indirectly, to North Bay Village shall be
superseded by this Contract upon the execution of this Contract by
the parties herein.
2. Miami Beach shall sell and deliver to the Authority and
the Authority shall sell and deliver to North Bay Village water
necessary to fulfill their requirements until the date specified in
Paragraph 19 herein.
Miami Beach shall furnish water to the Authority, and the
Authority shall furnish water to North Bay village through seven
( 7) meters, or through any additional meters installed with the
approval of all parties hereto, provided by Miami Beach at
locations along the North Bay Causeway in North Bay Village.
3. All water delivered by the Authority hereunder shall be
of good and potable quality satisfactory for domestic use and shall
have received the same treatment and be of the same quality as that
furnished to Miami Beach.
4. The water furnished by Miami Beach hereunder shall be
delivered to the Authority at the point of delivery at the pressure
which Miami Beach , in the operation of its transmission and
distribution facilities, endeavors to maintain at such point of
delivery for the purpose of rendering adequate water service in the
City of Miami Beach. Neither Miami Beach nor the Authority shall
have the responsibility to maintain beyond such points of
connection to the North Bay village distribution system such water
pressures and storage facilities as may be required to meet fire
flow requirements as they may exist from time to time in North Bay
17illage.
2 -
In the event that, despite all reasonable diligence exercised
by Miami Beach in maintaining adequate storage and transmission
facilities, there should at any time be an insufficient supply of
water to supply the total requirements of the Authority due to
causes beyond Miami Beach ' s control, Miami Beach shall be deemed to
have fully performed its duties and to have discharged its
obligations hereinunder if , in such circumstances , it shall furnish
and deliver to the Authority its pro rata share of such supply.
Similarly, if despite all reasonable diligence exercised by the
Authority in constructing and maintaining adequate transmission and
metering facilities, there should at any time be an insufficient
supply of water to supply the total requirements of North Bay
village, due to causes beyond the Authority' s control_, the
Authority shall be deemed to have fully performed its duties and to
have discharged its obligations hereinunder if , in such
circumstances, it shall furnish and deliver to North Bay village
its pro rata share of such supply.
5. The Authority will , in the presence of representatives of
the other parties if so desired, test and calibrate all master
meters referred to herein. If any test report shows meter errors
in excess of plus or minus two percent ( 2% ) of full scale there will
be an appropriate adjustment by Miami Beach or the Authority,
depending on the meters involved, for the last month ' s billing.
Such adjustment will appear as a charge or credit on the next
monthly service bill rendered to the Authority or to North Bay
Village.
Registration of meters when maintained as above shall be
binding upon all concerned parties hereto as a basis for all water
flow charges. Access to meters shall be available to all concerned
parties herein upon request and in the presence of a representative
of the Authority. In case of meter failure, each succesive monthly
charge shall be based on the last available monthly meter reading .
- 3 -
Meter readings will occur as nearly as possible on the twenty-
eighth day of each month.
Any party hereto may install, maintain and operate, at no
expense to the Authority, such check measuring equipment as it
shall desire, provided the equipment shall be so installed as not
to interfere with the operation of the meters.
The parties hereto shall have the right to be present at the
time of, and the Authority shall serve reasonable prior written
notice of, any installing, cleaning, changing, repairing,
calibrating or adjusting done in connection with the meters
described .herein.
6. The Authority shall deliver the water provided for under
this Contract to North Bay Village at a rate as nearly uniform as
practicable throughout each 24-hour period during December,
January, February, March and April of each winter season and at all
such other times when the daily quantity of water delivered
hereunder shall exceed 80 percent of the average daily quantity
delivered hereunder during the preceding winter season. The
Authority shall have the right to make such tests as it shall deem
to be necessary, and at such times as it shall deem appropriate to
determine to what extent the maximum 60-minute sustained demand
imposed upon the facilities of the Authority by the requirements of
North Bay Village hereunder between the hours of 8 :00 A.M. and 9 :00
P. M. is exceeding the average hourly demand , based upon the 24-hour
day, for and during the same month. Such tests shall apply to each
of the five ( 5 ) winter months set forth above and to any other month
in which the average hourly demand is equal to or greater than the
average hourly demand for said five (5 ) winter months, considered
collectively. For the purpose of making each such test and of
ascertaining and utilizing the result thereof to give effect to
this provision, the Authority shall use a recording flow meter
4 -
i
f
installed at the point of delivery provided for herein. In the
event that the maximum 60-minute sustained demand between the hours
of 8:00 A.M, and 9 :00 P.M. , as shown by such recording flow meter ,
shall exceed 160 percent of the average hourly demand, based upon
the 24-hour day, for and during the same month, the Authority shall
have the right to increase the rate per thousand (1,000) gallons of
water , developed in accordance with the provisions of Paragraphs 7
and 8 herein, for all water delivered hereunder during the month in
which such tests are made, by 1 percent of rate for each 4 percent
or major fraction thereof by which said maximum 60-minute sustained
demand shall exceed 150 percent of said average hourly demand. No
increase in rate provided for in this provision shall be applied
during any period or time when any of the transmission, storage or
pumping facilities of North Bay Village are not available for
service due to reasons beyond its control.
7 . The Authority shall pay Miami Beach for the right to use
Miami Beach' s 79th Street Causeway main, pump houses, mains and
storage tanks and for all water supplied on the basis of the volume
of water as measured by the North Bay Village master meters ,
destined for North Bay Village, for the period of this Contract, at
a rate of 123% of the rate per thousand gallons payable monthly by
Miami Beach to the Authority for the water purchases pursuant to
the contract of June 24 , 1957.
8. North Bay Village shall pay to the Authority the same
monthly amounts as determined in accordance with Paragraph 7
2
hereinabove plus an amount per month, not to excee d $200.00 , equal
to the Authority's actual operating and maintenance costs,
including but not limited to billing , meter reading and meter
calibration costs, associated with the North Bay Village master
meters .
In conjunction with the amounts to be paid as described
hereinabove, North Bay Village shall pay (or be credited) any
5 -
e
adjustments on the monthly water service bills submitted by Miami
Beach to the Authority for water supplied to North Bay Village.
Such adjustments are necessary because the rate to be applied
against any given month 's flows is not available until a succeeding
month.
All parties to this Contract agree that the rates described in
Paragraphs 7 & 8 herein are fair and equitable and hereby waive any
review of those rates.
9 . The Authority and North Bay Village hereby covenant and
agree at all times while this Contract is in full force and effct
that they will continuously own, control, operate and maintain
their water utility systems in an efficient and economical manner
and on a revenue-producing basis and will at all times establish,
fix, maintain and collect, rates, fees and other charges for water
service at all times to provide for and make payments required in
accordance with the terms of this Contract.
10. Miami Beach and the Authority will read the North Bay
Village master meters on the same day, on or about the 28th day of
each month. Bills when rendered to the Authority and to North Bay
Village for the North Bay Village monthly water consumption will be
due within twenty (20) days of the billing date.
11. In the event that all parties hereto agree that a new
transmission main is required along the 79th Street Causeway to
meet increased water demands of either Miami Beach or North Bay
Village, this Contract will be terminated and the parties hereto
will renegotiate a new contract in which the rates to be paid by
North Bay Village and the Authority will be revised to include the
cost of the new transmission main. In no event will the revised
rates be less than those computed under Paragraphs 7 and 8 herein.
12. Either at the termination date of this Contract or at the
end of the life of the outstanding bonds associated with Miami
Beach ' s 79th Street Causeway thirty (30) inch water transmission
- 6 -
main, at the option of Miami Beach ° s, Miami Beach shall deed to the
Authority that portion of said main situated west of the east
boundary of North Bay Village, including meter and chlorination
stations, at no cost to the Authority. Following such transfer ,
the Authority shall relocate the existing master meter station in
said main to a point within said transferred portion east of the
easternmost North Bay Village master meter . The cost or value of
said transferred portion of the thirty (30) inch transmission main
shall not be included by the Authority in the rate computation used
for determining the monthly service charges for Miami Beach except
for the costs , if any, for the repairs or relocation of said
transferred portion which would be included in that rate
computation.
13. In settlement of all prior litigation regarding water
rates between North Bay Village and the City of Miami Beach, North
Bay Village shall collectively cause to be paid to Miami Beach the
sum of $242,000 from the now existing escrow funds established in
connection with the aforesaid litigation. The parties hereto agree
to cause their respective counsel to. take such action as may be
necessary to cause said funds to be released from escrow in order
that Miami Beach may be paid the sums set forth above and remaining
funds in said escrow disbursed to North Bay Village in accordance
with their interests in said escrow funds.
14. Should any party hereto be delayed in or prevented, in
whole or in part, from performing any obligation (including but not
limited to water service) or conditions hereunder or from
exercising its rights by reason of or as a result of any force
majeure , such party shall be excused from performing such
obligations or conditions. The term "force majeure'° as used herein
means Acts of God, strikes, lockouts, or other industrial
disturbances; acts of public enemy, blockades, wars, insurrections,
or riots; necessary maintenance work, breakdown of or damages to
- 7 -
machinery, pumps or pipelines; epidemics, landslides, earthquakes,
fires, storms, floods, or washouts; arrests, title disputes, or
other litigation; governmental restraints by either federal or
state agencies having jurisdiction or by local regulation
applicable county-wide and based on federal or state agency action,
civil or military; civil distrubances; explosions; inability to
obtain necessary materials, supplies, labor , or permits whether due
to existing or future rules, regulations, orders, laws, or
proclamations , either federal or state , civil or military; or
otherwise and other causes beyond _the control of such party,
whether or not specifically enumerated herein.
15 Disputes under this Contract shall be decided by the
Florida courts of appropriate jurisdiction. All parties to this
Contract have an interest in the resolution of any dispute.
16 . This Contract shall inure and be binding upon the
successors of each of the parties hereto.
17 . In the event that any section, paragraph, clause or
provision of this Contract shall be invalid or unenforceable for
any reason, the invalidity or unenforceability of such section,
paragraph, clause or provision shall not affect any of the
remaining provisions of this Contract.
18 . In the event any party to this agreement determines to
issue Bonds and a nationally recognized Bond Counsel certifies that
amendents to this Contract, which in the opinion of such Bond
Counsel, and Counsel for the parties, are minor or non-substantive,
and would enhance the marketability of such bonds, the parties
hereto shall modify this Contract accordingly unless by reason of
contract or law one or more of the parties are unable to do so.
19 . The termination date of this Contract is June 24, 1987 .
- 8 -
THE MIAMI-DADE WATER & SEWER
AUTHORITY (AUTHORITY)
Attest:
BY
I&ttc V� BY
Secretary Director
CITY OF NORTH _ BAY VILLAGE
(.NORTH BAY VILLAGE)
Attes .
B By
City Clerk Mayor
CITY_:_QE -MIAMI BEACH ("MIAMI BEACH)
Attest:
By• By
City Cle ayor
FOR Ma APPROVED
LEGAL DEPT.
By
Date
4
�i
9 -
Agenda Item No. 21t)
AIJG 13198® 8/7180
PUBLIC iga ucrHKIMENY r
By
RESOLUTION NO. 2359
A RESOLUTION APPROVING THE FORM AND SUBSTANCE OF
THE AGREEMENT BETWEEN THE MIAMI-DADE WATER AND
SEWER AUTHORITY, THE CITY OF MIAMI BEACH AND THE
CITY OF NORTH BAY VILLAGE, PROVIDING FOR THE
FURNISHING OF WATER SERVICE BY THE CITY OF MIAMI
BEACH TO THE AUTHORITY FOR RESALE TO THE CITY OF
NORTH BAY VILLAGE= AUTHORIZING AND INSTRUCTING
THE DIRECTOR AND THE SECRETARY OF THE AUTHORITY
TO EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI-DADE WATER
AND SEWER AUTHORITY:
Section 1. That the Agreement between the Miami-Dade
Water and Sewer Authority, the City of Miami Beach and the
City of. North Bay Village, providing for the furnishing of
water service by the City of Miami Beach to the Authority
for resale to the City of North Bay Village, is hereby
approved.
Section 2. That the Director and the Secretary of the
Miami-Dade Water and 'Sewer Authority are hereby authorized
and instructed to execute the Agreement described in Section
1 hereof.
PASSED AND ADOPTED this 7th day of August, 1980.
STATE OF FLORIDA )
SS
COUNTY OF DADE )
I, FLORETTE HILL, Secretary of the Miami-Dade Water and
Sewer Authority, hereby certify that the foregoing is a true
and correct copy of Resolution No. 2359, duly passed and
adopted by said Authority -at a regular meeting thereof, held
on the 7th day of August, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said Miami-Dade Water and Sewer Authority,
this 13th day of August, 1980.
Secretary of the Miami-Dade
Water and Sewer Authority