Contract with MD Water & Sewer for resale to Indian Creek Village CONTRACT BETWEEN
THE CITY OF MIAMI BEACH
AND
THE MIAMI-DADE WATER AND SEWER AUTHORITY
PROVIDING FOR FURNISHING OF WATER SERVICE
BY THE CITY OF MIAMI BEACH TO
THE MIAMI-DADE WATER AND SEWER AUTHORITY
FOR RESALE TO
INDIAN CREEK VILLAGE
THIS CONTRACT, made and entered into this day of
�c-�r3c�2 1983 , by and between the City of Miami Beach ,
hereinafter referred to as "Miami Beach" , 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 Authority and Miami Beach under which the Authority
sells water to Miami Beach and Miami Beach sells water to several
communities including the Town of Surfside, hereinafter referred to
as Surfside; and
WHEREAS , Indian- Creek Village, hereinafter referred to as ICV,
currently purchases its water from Surfside , which water Surfside
purchases from Miami Beach; and
WHEREAS , the present supply and pressure of water for ICV from
Surfside is unsatisfactory to ICV; and
WHEREAS , ICV desires to obtain its water supply directly from
the Authority' s 24-inch water transmission main in Byron Avenue ,
thereby bypassing Surfside' s system; and
WHEREAS , Miami Beach currently furnishes water to the
Authority for resale. to B al Harbour and Bay Harbor Islands through
said transmission main; and
WHEREAS , the AUTHORITY desires that Miami Beach furnish
additional water to the AUTHORITY through said main for resale to
ICV; and
WHEREAS , Miami-Beach is willing to provide such additional
water for the Authority;
NOW, THEREFORE, in consideration of the covenants and
agreements herein set forth to be observed and performed, the
parties hereto hereby covenants and agree that the above
recitations are true .and further covenant and agree that:
1. Miami Beach will sell and deliver to the
Authority water necessary to fulfill ICV'S requirements.
The water will be delivered by Miami Beach to the
Authority at the Miami Beach pump house located at 75th
Street and Dickens Avenue. ICV'S water requirements
currently average, but are not limited to, approximately
10 ,000 gallons per month.
2. All water delivered to the Authority hereunder
shall be of good . and potable quality satisfactory for
domestic use and shall be of the same quality as that
furnished to Miami Beach by the Authority.
3. The water furnished by Miami Beach hereunder
shall be delivered to the Authority at the point of
deli-_jery 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. Miami Beach shall
have no responsibility to maintain beyond such point of
connection such water pressures and storage facilities as
may be required to meet fire flow requirements as they
may exist from time to time.
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
- 2 -
e
Beach ' s control, Miami Beach shall be deemed to have
fully performed its duties and to have discharged its
obligations hereunder if , in such circumstances, it
shall furnish and deliver to the Authority its pro rata
share of such supply.
4. The Authority will pay Miami Beach for the
right to use Miami Beach' s 79th Street Causeway main,
75th Street pump house and 75th Street storage tanks on
the basis 'of per thousand gallons for the water destined
for ICV at a rate equal to 140% of the rate per thousand
gallons payable by Miami Beach to the Authority for the
water purchases pursuant to the contract of June 24 ,
1957 . Payments shall be on a monthly basis.
5. It is contemplated that the Authority will
build a 30-inch transmission main on the Broad Causeway
which will be in service by June 24 , 1987 , which is the
termination date of the existing contract between the
Authority and Miami Beach, to provide water for ICV and
other communities. This Contract shall terminate on the
date that said main is completed and placed into service.
In the event that said main is not completed and placed
into service by June 24 , 1987 , this Contract shall be
extended and the Authority shall pay an additional charge
as specified in Section 9A of the contract between Miami
Beach, The Town of Bal Harbour Village and Bay Harbour
Islands, and the Authority dated October 17 , 1979 .
6 . 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
3 -
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 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 disturbances;
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.
7 . The terms of this Contract shall be enforceable
by either - party hereto in a court of competent
Jurisdiction.
8 . This Contract shall inure and be binding upon
the successors of each of the parties hereto.,
9 . 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 or . the remaining
provisions of this Contract.
4 -
CITY OF MIAMI BEACH (MIAMI BEACH)
ATTEST:
By --
City Clerk Mayor
'fiPPROO- b f3y Cny cbrhm�s�'i
MIAMI-DADE WATER AND SEWER AUTHORITY
(AUTHORITY)
ATTEST:
By
Secretary Direct:VI
ifs 1 Q t"y{t; ��•"Q7
Et N e, � •
i
Date
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RESOLUTION NO. 83-17476
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE EXECU-
TION OF A CONTRACT FOR PURCHASE OF WATER FROM MIAMI
BEACH BY MIAMI DADE WATER,/AND SEWER AUTHORITY FOR
RESALE TO INDIAN CREEK VILLAGE.
WHEREAS, there is an existing contract dated June 24 , 1957 ,
between .the Authority and Miami Beach under which the Authority
sells water to Miami Beach and 114iami Beach sells water to several
communities including the Town of Surfside, hereinafter referred to
as Surfside; and
WHEREAS, Indian Creek Village, hereinafter referred to as ICV,
currently purchases it water from Surfside, which water Surfside
purchases from Miami Beach; and
WHEREAS, the present supply and pressure of water for ICV
.. from Surfside is unsatisfactory to ICV; and
WHEREAS, ICV desires to obtain its water supply directly
fora the Authority' s 24-inch water transmission main in Byron Avenue,
thereby bypassing Surfside' s system; and
WHEREAS, Miami Beach currently furnishes water to the
Authority for resale to Bal Harbour and Bay Harbor Islands through
said transmission main; and
WHEREAS, the AUTHORITY desires that Miami Beach furnish 5
additional water to the AUTHORITY through said main for resale to
ICV; and
WHEREAS, Miami Beach is willing to provide such additional
water for the Authority;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH:
That the City Commission of the City -of Miami Beach
authorizes the execution of a contract- for purchase of water from
Miami Beach by Miami Dade Water and Sewer Authority for resale to
Indian Creek Village. -.
PASSED and ADOPTED this 21st day of September
1903.
MAYOR
ATTEST:
CITY CLERK
MLB:ro
90183A FO E P,' z -,P C.:
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OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE •MIAMI BEACH.FLORIDA 33139
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F L ® R I D A 3 3 1 3 9
�\P7+11 BE4`S
INCOA RATED* VA ATIONLAND U. S. A.
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO.
DATE: September 7, 1983
TO: Mayor Norman ent and
Members oft Ci ®P41 s osn�
FROM: Rob W. Park s
City Manager
SUBJECT: CONTRACT F R PURCHASE OF WAFER FOR RESALE TO INDIAN
CREEK VILLAGE
The City of Miami Beach is presently reselling water to the Miami
Dade Water and Sewer Authority who, in turn, sells it to.the Town of
Surfside and Surfside then resells it to Indian Creek Village. Because
of pressure and consumption problems in Surfside, Surfside has
requested that Indian Creek Village be served directly by the
Authority from the new 24-inch water main which services Bal
Harbour and Bay Harbour Islands from the City of Miami Beach's
pumping and water facility at 75th Street and Dickens Avenue.
The proposal to service Indian Creek Village is in keeping with the
City's long-range plans to have.all the cities to the north serviced by
the Authority via the 30-inch water main across the Broad Causeway.
This will then relieve the City of Miami Beach of the responsibility
for servicing these cities and the capacity of our. system can be
utilized for Miami Beach.
The City .Attorney's office has reviewed the contract and finds it in
order.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission authorize the
execution of the attached contract.
RW P:FA:mb .
AGENDA
ITEM
DATE