Contract with Metro Dade County for Water Services MDw SD Sal,ZED0 F-AN."i N Di`3 0N`
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CONTRACT
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI ITION'OFFLORIDA
WATER SERVICE
PROVIDING FOR THE REND
THIS CONTRACT, made and entered into this
day of
m 4xc,*"' 1 19 9 5, by and between Metropolitan Dade
County nt a political subdivision of the State of Florida,
•
hereinafter referred to as the "COUNTY", and the City of Miami
each a municipal corporation organized and existing under the
S ,
laws of the State of Florida, hereinafter referred to as the
"CITY";
WHEREAS on June Z4, 1957, the COUNTY and the CITY entered
,
into a contract providing for the rendition of water service by the
COUNTY to the CITY, and
yHEp�Ep,S, said contract has expired and the CITY has requested
the COUNTY to continue to render water service to the CITY, and
WHEREAS, the Miami-Dade Water and SeWer Department,
hereinafter referred to as the "Department", op erates and maintains
the COUNTY'S water system.
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Now# THEREFORE, in consideration of the mutual eovananta and
obligations set forth herein, the COIIKTY and CITY hereby agree as
• follows:
1. Insofar as it may be lawful to do so, the COUNTY shall
sell and deliver to the CITY, and the CITY shall purchase and
receive from the COUNTY hareunder, all potable water necassary to
fulfill the water requirements of the CITY during the effective
period of this Contract. Potable Water obtained by the CITY frm
the COUNTY may be utilized to serva the CITY'S customers in its
existing water service area or future water service areas which the
CITY is legally authorized to serve. Should alternate water
services become available to the CITY, including potable water
obtained through a desalinization process, the parties hereto shall
meet to discuss such alternate services.
20 Notwithstanding, if the COUNTY should have an
insufficient supply of water available to fulfill the total
requirements of all customers of the COUNTY, due to prohibitions,
restrictions, limitations or requirements of local, state or
federal governments having jurisdiction over such matters or due to
any other cause beyond the COUNTY'S control including but not
limited to those specifically set forth in Paragraph 20 hereof, the
COUNTY shall be deemed to have fully performed its duties and to
have discharged its obligations hereunder if it fuxnishes and
delivers the CITY'S prorata share of such supply as determined by
COUNTY. The COUNTY will not be discriminatory in its delivery of
water service. The COUNTY will give expeditious notice to the
CITY wheziever the COUNTY becomes aware of conditions which could
2
Si; Sa!LILJU ?L '! :;
outage or shortage of such potable water
P reasonably lead to an g
supply or which may bring about such condition.
3 .
The CITY agrees to be bound by existing and future
standards, laws, rules and regulations which may be enacted by the
be necessary to ensure continued compliance with
COUNTY or as ma Y
Dade County, state and federal laws and regulations and permit
conditions.
4. The water furnished hereunder will be delivered by the
COUNTY, and will be accepted and received by the CITY, at the
following points of delivery, which, in all cases, shall be at the
downstream side of the COUNTY's water meter:
a, MacArthur Causeway at Watson Island
b. venetian Causeway at N.E. 15th Street, Which point of
delivery elive is contemplated to be relocated pursuant to the terms
and conditions of a separate agreement between the CITY and
the COLTNTY
C. J
ulia Tuttle Causeway at N.E. 36 Street and approximately
.N.E. 7 Avenue
Normandy Isle at the WeSt end of 71 Street and Bay Drive
d. Norm y
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111 1 a1 `i1�.a'.
V
Points of delivery established at such times and
Additional poi may be the
places as
shall be mutually agreed b y the Director of
Department and the CITY. The CITY shall bear the entire cost and
expense of establishing each such additional point of delivery,
obtaining such
easements as may be needed and furnishing all
necessary ]Labor and materials, except the meter, required to
connect with the COUNTY'S main, all in accordance with plans and
specifications s which are subject to approval of the COUNTY. The
COUNTY will suPP1Y
and install the meter and retain ownership
thereof. The CITY
shall convey to the COUNTY, by appropriate bill
of sale, all of
the CITY's right, title and interest in and to the
tees or crosses
in the feeder mai ns, meter vaults and all piping,
valves and appurtenances between and including the aforesaid tees
�-•
f the
the valves immediately on the discharge side o
or crosses and
meters. The COUNTY shall thenceforth own, control, operate and
maintain such facilities.cilities. Readings of. each meter at all points of
deliVerY shall be taken by the COUNTY on or about the 28th day of
each mon•.h and
shall be used for monthly billing purposes under the
provisions of Paragraph 11 herein.
5. The CITY agrees and warrants that its water distribution
- s stem and any extension thereof shall be
and transmission Y
Constructed, operated and maintained in accordanCe with the
requirements
of all applicable federal, state, county and other
local laws,
rules and .regulations. The operation and maintenance
of all facilities ies on the CITY side of the master meter shall be the
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�` sol responsibility onsibility of the CITY. The COUNTY, at no cost to the
P
CITY, reserves the right to inspect the CITY'S distribution and
transmission system. Said inspections shall be made at reasonable
times and upon reasonable notice in such manner as to least disturb
the normal operation of the CITY.
6. In order for the COUNTY to adequately plan for future
water demands, within ninety days following execution of this
contract and on .or before each January 1 thereafter, the CITY shall
submit to the COUNTY the CITY's projected annual water needs for
the next five years. Within 120 days of the COUNTY's receipt of
the CITY's projected annual water needs for the next five years,
the COUNTY will notify the CITY of the COUNTY's ability or
subject to local, state and 7
which is subj
inability to meet said needs,
federal al a encies and other regulatory bodies having jurisdiction
over such matters. The CITY agrees that the COUNTY shall not be
liable or in any way responsible for any costs, claims or losses
I
incurred by the CITY as a result of actions by regulatory bodies.
In addition, the CITY shall submit a report to the Department
summarizing the amount of water sold to its customers or used by
the CITY. The report shall be submitted within thirty days
following December 31, March 31, June 30 and September 30 of each
year.
7. The COUNTY shall own, operate and maintain metering
stations at the points of delivery listed above which will measure
" 5
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^
The
otable water delivered by
the COUNTY to the CITY.
all p
stations
shall be of a design acceptable to both parties.
metering
of standard The meters shall b
e make and type installed in a
' le location with checking or calibration devices.
readily accessible
hall indicate flow with an error not to exceed
The installation s true accuracy)
plus
or minus two percent of full scale reading
The Department, at its sole expense, shall check the accuracy of
nstallation once every twelve months, or at such
each metering i
- -t may deem appropriate. Such checking
other time intervals as 1 Y Department
shall be
at a reasonable time, mutually agreeable to the P
and the CITY. If found to be in error exceeding two percent of
e meter shall be recalibrated to the satisfaction
true accuracy, th erGent is
of the parties hereto. If such error of more than two p
� eriod following the prior motet accuracy
discovered, bills for the P
ad"usted to reflect the quantity of over--read or
check shall be 7
•n two percent. In calculating such billing
under-read exceed. g existed for
a 7
d'ustment it will be assumed that the meter inaccuracy
the entire time interval between meter accuracy checks. The
billing adjustment shall be made at the same rate in effect during
the period of meter inaccuracy•
g • nd the COUNTY agrees to perform a
The CITY may request a
meter accuracy check at any reasonable time acceptable to both
parties. If the meter is found to be in error exceeding two
it shall. be recalibrated as described above
percent true accuracy,
• cost for such checking and recalibration shall be
and the entire co
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� paid for by the COUNTY-
If the meter is found performing within
the meter accuracy check shall be paid
two percent true accura c Y,
for by the CITY.
9. The water furnished by the COUNTY hereunder shall
delivered to the CITY at the agreed points of
generally be
delivery. The COUNTY shall not be responsible for water hammer in
of the CITY nor shall the COUNTY be
any of the pipelines
Y demands for water other than which the
responsible for meeting an It shall be the
COUNT
y shall be able to supply or furnish.
of the CITY to transmit the water at its own
obligation and d ut Y
. t of delivery to the place or places of
expense from each porn
so doing, to supply and impart to the water
ultimate use and, In to provide adequate
.� pressure such sure as may be necessary .
is be and such Point of delivery. Accordingly,
pressure at a11. poin Y
be responsible for insufficient pressure, for
the COUNTY shall not fired to correct
either domestic or fire flow service, nor be regu
any fluctuation in pressure occurring beyond any paint of delivery.
a to the COUNTY, as compensation for the
10. T�-e CITY shall pay
treatment and trans
mission of all water delivered to the CITY, a
monthly charge for
such service based on a uniform rate for the
mers. The rate shall be calculated for each
CO�Ty's volume Gusto prior
al year based on projections from the p
Department flsc Y
Department fiscal year and based on the sum of the following: ,
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1i 1CC,� b.�b P t M DW'SD SALZEDO PL ANNIE DIVIS"ON
(a) That portion of all budgeted annual operating and
expenses, including taxes assessed, if any,
maintenan ce xP y the
for the
COUNTY's regional water system divided b
projected
total amount of flow used to bill all the
COUNTY's, water customers over the same time period.
(b) That portion of the budgeted annual renewal and
replacement expenses for the COUNTY's regional water
ed b the total projected amount of flow used
System divid Y
to bill all the COUNTY water customers over the same time
period.
on of the COUNTY'S budgeted annual
(c) That portion
obligations of outstanding notes and bonds for
Interest g the
the COUNTY'S regional water system divided by
projected
total amount of flow used to bill all the
COUNTY water customers
over the same time period.
(d) That portion of the budgeted annual charge for the
of the COUNTX's outstanding notes and bonds
amortization
for the COUNT
y's regional water system, to be consistent
requirements under law• divided by the total
with the
projected
amount of flow used to bill all the COUNTY'S
water customers over the same time period•
portion of the budgeted annual charge for
(e) That P
customer accounting and service, for the COUNTY'S
em divided by the total projected
regional water syst
amount of
flow used to bill all the COUNTY's water
customers over the same time period.
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r tf� That portion of projected annual administration and
for the COUNTY's regional water system
general ex"r erases, ,
sed to
divided by
the total projected amount of flow u
bill all the
COUNTY'S water customers over the same time
period.
rage of debt service for various
(g) A charge for cove
' and future bond issues that require a coverage
exlstl n g
factor. Th
is factor depends on the particular covenant
governing- the bond issue and is achieved by generating
sufficient net operating revenues from all customers to
exceed debt service requirements by the percentage
prescribed in the covenant. The projected total flow
component shall be used to obtain the debt service
,ter
char a on bond issues for regional capita
coverage g
improvements.
•lined by the Town of Surfside and the
The water utl
Department's retail customers on Biscayne and San Marco Islands is
hrou h the CITY's water facilities- For the
currently supplied g tion as
purpose of computi g the CITY's bill, the water consume r
C-:
measured by the OeP
ment's water meters for the Town f Surf side,
Biscayne Island and
San Marco Island shall be deducted from the
CITY'S total con
sum tion. It is contemplated that the CITY may
ai
n water m
transfer title to c ains which would allow the COUNTY
• nd San Marco Island directly and that the
to serve Biscayne island a
Town of Surfside ma
obtain an alternate source of water. At those
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ICC� r �:Y� I U >I�1iJI J:
� the COUNTY shall modify
its billings to the CITY to reflect
times r
those revisions.
ose a surcharge during certain months to
The COUNTY may imp ount of
encourage the
conservation of the water resources. The am
the surcharge is subject to the review and approval of the Hoard of
County Commissioners.
serves the right to revise or modify the
The COUNTY re applicable law
rate and m
ethod of calculation in accordance with
be bound thereby. The COUNTY will attempt
and the CITY agrees to
with a preliminary Irate a minimum of 60 days in
to provide the CITY wi
effective date. The CITY recognizes that
advance of said rate's of
ay differ from the preliminary rate.
the adopted rate m
the CITY the right to audit all
12. The CaL�N'rY hereby grant.
utation of the aforesaid
Department records related to the comp
upon written notice, the COUNTY steal
rates for each fiscal yea r, p e off ices of the
make available for the CITY said records at th
basis- in the event that such audi
Department on an annual d b the COUNTY in
indicates an discrepancy between the rates use Y
computing the monthly
service charges to the CITY and those rates
Of the audit, and following the COUNTY°s
determined as a result LINTY shall make an
tance of the audit findings, the CO
acceP reviously
adjustment, for that fiscal year, in the service charges p
' audit must be completed on or before the
n
paid by the CITY. Said a
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fiscal year for
which the rates apply. Adjustments
end of each fi Y
shall not be made for prior fiscal years.
13 . Billings
for services provided in accordance with this
contract shall be
rendered monthly. Invoices will be mailed by
he month following the month for which service
the tenth day of t
has be en P Department
provided, based on meter readings taken by
employees on or about the 28th day of each month. Amounts billed
• are due when rendered. Payments not received by
• on such invoices
th s after the
e Department an or before twenty five (2 5) da Y
postmark date of the bill shall be considered past due. All past
due invoices shall be subject to a late charge as established by
a to reimburse the Department for costs in
the COUNTY, such ch ar g
� late payments. In addition,
_ processing and otherwise administering .
per annum Interest
shall accrue on the past due charges including
at the maximum legal rate provided by Florida law
the late charges .
for contracts in
which no interest rate is specified, for each day,
Sundays and holidays, from the past due date
including Sat� 'day s,
recei t by the Department. For purposes of this
until the date of P
of receipt shall be the date of actual receipt by
paragraph, date
the Department If
hand delivered or mailed, or date of transfer to
the Department's bank, if electronic funds transfer is used.
14 . Any and all
suits brought by the COUNTY to recover unpaid
g billings,
late charges and interest, may be
amounts, includin
maintained by Dade County in any court of competent
instituted and mal
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r" 'on in Dade County, Florida. In all such suits, should
jurisdiction
the COG prevail,revail, it shall be entitled to receive all costs of
collection,
including reasonable attorney's feeS. The amount of
such costs and fees shall be determined by the court in which such
actions are brought. The attorney's fees shall be equal to those
reasonable fees customarily paid to COUNTY Is attorneys in the form
of salary
and related salary and indirect costs with this total
compensation ensa
tion not to exceed fees customarily charged by privately
retained -counsel in Dade County for similar services.
15. The CITY shall accept delivery of water transmitted
hereunder at a flow rate as nearly uniform as practical throughout
each daily
24-hour period during December, January, February,
^
March, April and May of each year and at all such other times when
the daily quantity uantity of water delivered hereunder shall exceed the
average da y quantity antity delivered hereunder during the preceding six
(6) months set forth above. The COUNTY shall have the right to
make such
tests as it shall deem necessary, and at such times as it
shall
deem to be appropriate, to deterni.ne to what extent the
maximum
60-minute sustained demand imposed upon the facilities of
the COUNTY by the requirements of the CITY hereunder between the
hours
of 6:00 A.M. and 9: 00 P.M. is exceeding the average daily
demand for the same month. For the purpose of making each such
test and
of ascertaining and utilizing the result thereof to give
effect to
the provisions of this paragraph, the COUNTY shall use a
recording in f low meter installed at each of the points of delivery
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Ian. l�. lC00 ,
Such tests shall aPp1Y to
provided for in Paragraph 5
hereof.
each of the six (6)
months set forth above and to any other month
e daily demand is equal to or greater than the
7.n which the averag Considered
average
daily demand for said six (6) months,
collectively-
16. In the event that the maximum 60-minute sustained demand
of 6:00 A.M. and 9: 00 P.M. as shown
between the hours
all recording flow meters- considered
simultaneously
ously - by of the
collectively, shall exceed one hundred sixty Percent (160%)
average daily demand
for the same month, the COUNTY shall notify
the CITY in writing providing the CITY ten (10) days to reduce the
160% of the average daily demand. If no such
demand to less than
e the
t s
Cou-NTY shall have the right to increa
reduction occurs,
he
000 gallons of water, for all water delivered
rate per thousand (1, )
•n th in which such test is made, by one
hereunder during the man
4� or major
percent (1%)
Of said rate for each four percent (4%)
fraction thereof by
which said maximum 60-minute sustained demand
Bred sixty percent (160%) of said average daily
shall exceed one hundred h stall
demand. . No increase in rata pro vided for in this paragrap
be applied during any P
ericd of time When any of the trarsmissicn,
storage or pumping
facilities of the CITY are not available for
service due to reasons beyond the control of the CITY such as water
In addition, said increase in rate shall
main breaks and fires
ue to the CITY's operation of its storage tanks provided
not apply d
the Department approves said operation.
13
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�.,
Alp- � . The CITY shall establish, impose, maintain and Collect,
1
or shall cause to be established, imposed, maintained and collected
at all times throughout the effective period hereof, such rates and
�.
charges for water distributed as will enable it to pay in full all
amounts to which the COUNTY shall be entitled hereunder.
8. No property taxes shall be levied or collected by the
1
CITY upon the properties of the COUNTY or Department.
19. Any cessation of water services and any consequences
therefrom Caused by force majeure, inevitable accident or
occurrence or cause beyond the reasonable control of the COUNTY,
shall
not constitute a breach of this Contract on the part of the
COUNTY
and the COUNTY shall not be liable to the CITY or its
f damage resulting from such
inhabitants or customers for any
cessation or interruption of water service. As used herein, force 1.
mad eure
shall mean an act of God which includes but is not limited
to
sudden unexpected or extraordinary forces of nature such as
�
floods,
washouts, storms, fires, earthquakes, landslides,
epidemics, explosions losions or other forces o-f nature. Inevitable
accidents or occurrences shall mean those which are unpreventable
by
the COUNTY and shall include but not be limited to strikes,
lockouts, other industrial disturbances, wars, blockades, acts of
public
enemies, insurrections, riots, federal, state, county and
l0 governmental overnmental restrictions, regulations and restraints,
'" - 14
Liar. 1?. 1C°'° S.��P�i i���rh.SD Sai ZEE,0 riANNiIN,:] DE SWi0�i
render water service, sewer service or
charges. The CITY shall not
both to any new retail user until either the COUNTY's connection
charges are paid to the CI'T'Y or a written. receipt from the
Department is provided to the CITY.
21. In consideration of good and valuable consideration
COU`JT
Y and in consideration of the covenants in this
received from
Contract,
e CITY agrees to indemnify and save harmless forever,
• - officers, agents and employees from all claims,
the COUNTY. its
' loss, cost and expense, including attorney's
liability, actions,
be sustained by the COUNTY, its officers, agents,
fees, which ma Y
ue to caused by, or arising from. the negligence of
and employees d '
the CITY, its officers,icers, employees and agents in connection with the
performance of this Contact. The CITY agrees to defend against
the COUNTY, its
ht or actions filed against
any claims br ou 9 and employees in connection with the subject of
off icers, agents
the indemnities contained herein.
22. In con
sideration of good and valuable consideration
ITY
and in consideration of the mutual covenants
received from the C
in this Contract, the COUNTY agrees to indemnify and save harmless
TY its Officers, agents and employees from all
forever, the CI ,
loss, cost and expense, including attorney's
claims, liability,
fees, which may be
sustained by the CITY, its officers, agents and
to caused by, or arising from the negligence of the
employees due ,
CpUNTy in the performance of this Contract. The COUNTY agrees to
�.6
Ma r. 1 C. 9 P MDWASD SALZEDO PLANVIE D IV I S I O� Vo. 3937 P. 19/2 i
Metropolitan Dade CountY
coo The Director er Department
Miami-Dade Water a Sew
4200 Salzedo Street
33146
Coral Gables, Florida
City of Miami Beach
City Manager
1700 Convention Censer Drive
33139
Miami Beach, Florid
OF the parties hereto Kaye caused this
IN WITNESS WHERE • orate seals
• t to .be executed in their names and their core
instrumen .
said duplicate by their respective officers
affixed hereto and to s year hereinbefore
duly author
all as of the day and y
there=to Y
first abpye written. _. ...
1.8
Mar. 12. 1999 6:00?M MD*ASD SALZEDO PLANNING DIVISION No. 3937 P. 23/21
r-.
METROPOLITAN DADE COUNTY
ATTEST:
DE
:
SEAL)
B
BY: e �a y County Manager
Clerk :� FLO�e
a0 * •
'•e,7
CITY of AMI BEACH
ATTEST:
By: Mayor
y City Clerk I Z�lSS Y
� Approved as to f and legal.
Approved as to form and legal sufficiency:
sufficiency:
Assistant County Attorney Attorney for C ty of Miami Beach
FORM A&Wl'
� G
B
y
Cate !
19
Liar, 1�. 1G90 6:GOP t iDwr.SD SAL ZEDO PLA`NIN1] DIVISION ,No. 3Y
0
RESOLUTION NO. 95-21451
A RESOLUTION OF-THE MAYOR AND CITY COMMISSION
OF THE C
I•TY OF ML'►MI BEACH, FLORIDA,
AUTHORIZING THE MAYOR AND CITY CLERK TAN
EXECUTE p CONTRACT�BETWEEN METROP BEACH.
DA
DE COUNTY AND THE CITY OF OF WATER
FLORIDA,PROVIDING FOR THE RENDITION
SERVICE.
the County)
NVHE�AS, on June 241 1957,
the City and Metropolitan Dade County he City;and
for the rendition of water service by the County tot
entered into a Contract providing he Count to continue
• Contract has expired and the City has requested t Y
WHEREAS, said C
to render water serV1Ce to th e City, and artment) operates and
WHEREAS,
the Miami-Dade e i-Dade Water and Sewer Department (the p
maintains the County's Water system; and Department, the
%VHEREAS.as a result o
f continuous negotiation between the City of and 1ej D�evp ces, and the
the attached Contract for the continued provisommission approve same and
� parties have negotiated or and City C
' istration would herein recommend that the Montract.
.
Administration it Clerk to execute the C
" e the Mayor and C y
onz Y
authorize � CITY
IT RESOLVED BY THE MAYOR AND
Clerk
NOW,, �'IiEREFORE, BE that the Mayor and y
FLORIDA, and the City of
COMMISSION OF T�[E CITY OF N1IA�BEACH,Metropolitan Dade County
hereby uthorized to execute a contract between. f wat service-
Beach,
of e y roviding for the rendition o
1�iiami Florida, p , 1995.
PASSED and ADOPTED this 4th day of Januar
M
ATTEST=
CITY CLERK F01W VM
.
Date JAA