2014-28655 Reso RESOLUTION NO.1 2014-28655
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AN INTERLOCAL CONTRACT BETWEEN
MIAMI-DADE COUNTY AND THE CITY, FOR A TERM OF, TWENTY YEARS.,
PROVIDING FOR THE CITY'S SEWAGE TREATMENT AND DISPOSAL
SERVICES BY MIAMI-DADE COUNTY.
WHEREAS, on May 17, 1972, the City of Miami Department of Water and Sewer
(Department) and the City of Miami Beach (City) entered into a contract, for a period of thirty
years, wherein the Department agreed to provide the sewage treatment and disposal services
to the City; and
WHEREAS, on May 17, 1972, the Department and the City also entered into a separate
contract for cost participation in the enlargement of the sewage treatment plant on Virginia Key
and the extension of the ocean outfall; and
WHEREAS, Miami-Dade County (County), which currently operates and maintains the
County's sewage disposal system, is the legal successor in the interest to the Department and
has assumed all rights, duties, and obligations of the Department; and
WHEREAS, the County and City desire to enter into an interlocal contract, for a term of
twenty years, attached hereto and incorporated herein by reference, so that the County may
continue to provide the sewage treatment and disposal services for the City, including sewage
received by the City from Bal Harbour Village, the Town of Bay Harbor Islands, the Town of
Surfside, and the City of North Bay Village during the effective period of this contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission approve and
authorize the Mayor and City Clerk to execute an interlocal contract between Miami-Dade
County and the City, for a term of twenty years, attached hereto and incorporated herein by
reference, providing for the City's sewage treatment and disposal services by Miami-Dade
County.
PASSED and ADOPTED this .3 day of , 2014.
ATTEST:
PHILIP , MAYOR
RAFA L E. GRAN
APPROVED AS TO
FORM & LANGUAGE
I QO &FOR EXECUTION
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Attachment
INTERLOCAL CONTRACT
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF MIAMI BEACH, FLORIDA
PROVIDING FOR SEWAGE DISPOSAL SERVICE
THIS CONTRACT, made and entered into this day of
2014, by and between Miami-Dade County, a political subdivision
of the State of Florida, hereinafter designated as the "COUNTY", and the City of Miami Beach, a
municipal corporation organized and existing under the laws of the State of Florida, hereinafter
designated as the "CITY";
WITNESSETH:
WHEREAS, on May 17, 1972, the Department of Water and Sewers of the City of Miami
and the City of Miami Beach entered into a contract providing for the rendition of sewage
disposal service by the Department of Water and Sewers of the City of Miami to the CITY and
into a contract for cost participation for the enlargement of the sewage treatment plant on
Virginia Key and the extension of the ocean outfall, and;
WHEREAS, the COUNTY is legal successor in interest to the Department of Water and
Sewers of the City of Miami and has assumed all rights, duties and obligations of the
Department, and;
WHEREAS, the COUNTY and CITY desire to enter into this.lnterlocal Contract so the
COUNTY can continue to render sewage disposal service to the CITY, and;
WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter referred to as
the "Department", operates and maintains the COUNTY'S sewage disposal system;
WHEREAS, pursuant to Resolution No. , adopted by the
Miami-Dade Board of County Commissioners on , and
Resolution , adopted by the City Commission of the City of
Miami Beach on , the parties hereunder have the authority to execute this
Contract.
NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth,
the COUNTY and the CITY agree as follows:
1. Insofar as it may be lawful to do so and pursuant to the terms herein, the CITY shall collect and
deliver to the COUNTY, all of the CITY'S sewage for disposal by the COUNTY, including
sewage received by the CITY from the Towns of Bal Harbour, Bay Harbor Islands, Surfside, and
the City of North Bay Village, during the effective period of this Contract. Sewage shall be
transmitted by the CITY to the COUNTY, by means of an existing transmission main from the
CITY to the Department's Central District Wastewater Treatment Plant where the flow is
metered.
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2. The CITY hereby acknowledges and agrees that any right to connect the CITY to the
COUNTY'S sanitary sewage system is subject to the terms, covenants and conditions set forth
in the First Partial Consent Decree and the Second and Final Partial Consent Decree entered in
United States of America Environmental Protection Agency (EPA) vs. Metropolitan Dade County
(Case Number 93-1109 CIV-Moreno), as currently in effect or as amended or modified in future
contracts and all other current, subsequent or future contracts; and court orders, judgments,
consent orders, consent decrees and the like entered into between the COUNTY and the United
States, the State of Florida and/or any other governmental entity, and all other current,
subsequent or future enforcement and regulatory actions and proceedings.
3. The CITY acknowledges that the responsibility of the COUNTY to provide sewage disposal
service under this Contract shall be limited to the CITY'S existing sewer service area, which the
CITY is legally authorized to serve. The COUNTY acknowledges that the sanitary sewage
received by the COUNTY from the CITY includes flow from the Towns of Bal Harbour, Bay
Harbor Islands, and Surfside, and the City of North Bay Village. The COUNTY's master plan for
future flows from the CITY and said Towns and City of North Bay Village are projected for each
municipality and are based on existing flow from the CITY and expected population increases in
each municipality. The Towns of and Bal Harbour, Bay Harbor Islands and the City of North
Bay Village may receive sewage disposal service directly from the COUNTY in the future.
4. The CITY agrees and warrants that its sewage collection and transmission system and any
extension thereof within its jurisdictional boundaries shall be constructed, operated and
maintained in accordance with the requirements of all applicable federal, state and county laws,
rules, regulations and permit conditions. The operation and maintenance of all facilities within
its jurisdictional boundaries on the CITY'S side of the control valve, located at Jefferson Avenue
and Biscayne Street in the CITY, shall be the sole responsibility of the CITY.
5. The CITY, at its sole cost and expense, shall operate and maintain in a diligent manner all CITY
structures, force mains, pumps, equipment and other facilities required for the collection of
sewage and transmission to the point of connection with the COUNTY'S facilities,.but excluding
the master meter installations.
6. The COUNTY reserves the'right to inspect the CITY'S collection and transmission system and
take samples of the sewage composition at no cost to the CITY to ascertain that said system is
being properly maintained. 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. The
CITY hereby agrees to pursue and maintain diligent efforts on a regular and timely basis to
reduce infiltration and inflow and to comply with all local, state and/or federal ordinances, laws
and regulations regarding infiltration and inflow correction or reduction as now in effect or as
enacted in the future.
7. In order for the COUNTY to adequately plan for future capacity demands, within ninety (90)
days following the execution of this Contract and on or before each January 1 thereafter, the
CITY shall submit to the COUNTY the CITY'S projected annual capacity demands for the next
five (5) years. Within one hundred twenty (120) days of the COUNTY'S receipt of the CITY'S
projected annual capacity demands for the next five (5) years, the COUNTY shall notify the
CITY of the COUNTY'S ability or inability to meet said demands, which is subject to local, state
and federal agencies and other regulatory bodies, including, without limitation, the Miami-Dade
Department of Environmental Resources Management, having jurisdiction over such matters.
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The CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs,
claims or losses incurred by the CITY as a result of actions by such regulatory bodies.
8. The CITY shall not allow or permit construction or installation of any connections of stormwater
mains, which allow stormwater to enter the CITY'S sanitary sewage system. Upon notice or
discovery of such interconnections, the CITY shall immediately effectuate the lawful
disconnection of such interconnections in accordance with local, state and federal laws. In
addition, in the event the CITY becomes aware of a stormwater interconnection in the Towns of
Bal Harbour, Bay Harbor Islands or Surfside or the City of North Bay Village, the CITY shall
immediately notify the COUNTY'S Department of Environmental Resource Management when
said interconnections are discovered.
9. The CITY recognizes that the COUNTY'S standards of sewage disposal services are subject to
future modifications as a result of future COUNTY, state and federal laws and regulations.
Accordingly, the CITY agrees that it will abide by, and be bound by all present and future
standards, laws, rules and regulations which are enacted or approved by the COUNTY or as
may be necessary to ensure continued compliance with local, state and federal laws and
regulations and permit conditions, including, without limitation, the provisions of Chapter 24 of
the Code of Miami-Dade County, as amended, and other requirements related to sewage
disposal service.
10. The wastewater from all retail customers of the CITY discharged into the CITY'S sewer system
shall conform to the requirements of all applicable local, state and federal regulatory agencies
pertaining to wastewater discharges. If the COUNTY determines that pretreatment facilities are
necessary for a retail customer of the CITY to meet such requirements, prior to construction, the
CITY shall cause the retail customer to submit plans and specifications for the proposed design
of the facilities to the COUNTY, which shall be subject to COUNTY'S approval. The CITY shall
not issue a Certificate of Use or Certificate of Occupancy until the COUNTY has approved the
pretreatment facility.
11. In accordance with the provisions of County Ordinance No. 89-95, as amended, the CITY shall
not render water, sewer service or both to any new retail user until either the COUNTY'S
connection charges are paid to the COUNTY by the CITY'S volume customer or the CITY
collects the COUNTY'S connection charges from the retail user and pays the COUNTY and a
written receipt from the COUNTY is provided to the CITY. Said connection charges shall be
due prior to the issuance of a building permit. In the event that the CITY provides water or
sewer service, or both, to any new retail user without first ensuring that connection charges are
paid, the CITY shall be liable for damages to the COUNTY in the amount of the connection
charges owed by the retail user. The COUNTY reserves the right to audit existing records for a
period not to exceed applicable statutory limits for payments of said connection charges.
12. The CITY shall pay the COUNTY as compensation for the transmission; treatment, including
reclamation; and any method of disposal of all sewage received from the CITY, the CITY shall
pay to the COUNTY a monthly charge for such service based on a uniform rate for all of the
COUNTY'S volume customers. That rate shall be calculated for each fiscal year based on
projections from the Department's prior fiscal year and shall be the sum of subsections a. — h.
below. An annual wholesale wastewater true-up adjustment amount, debit or credit, will be
imposed in the following fiscal year after completion of the Department's audited financial report.
The true-up adjustment will be determined based on the variances in the Department's
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projected wholesale wastewater expenses (rates) and the actual audited wholesale wastewater
expenditures (rates) based on the sum of the following:
a. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional force main and regional gravity interceptor sewage system divided by the
projected total amount of flow used to bill all the COUNTY'S sewage disposal
customers over the same time period.
b. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional sewage pumping stations, divided by the projected total amount of flow used
to bill all the COUNTY'S sewage disposal customers over the same time period.
c. That portion of projected/budgeted annual operating and maintenance expenses,
including taxes assessed, if any, incurred by the COUNTY in connection with its
regional sewage treatment plants, reclamation facilities and disposal, including
sewage effluent outfalls, deep disposal wells and/or any other effluent disposal
process, divided by the projected total amount of flow used to bill all the COUNTY'S
sewage disposal customers over the same time period.
d. That portion of the projected/budgeted renewal and replacement expenses for all the
COU N TY S regional capital wastewater facilities, accord in g t o the COUNTY'S policy
in effect at the time for determining a rate consistent with good municipal utility
accounting practices and the budgeted renewal and replacement projects for the
ensuing fiscal year divided by the projected total amount of flow used to bill all the
COUNTY'S sewage disposal customers over the same time period.
e. That portion of the COUNTY'S projected/budgeted annual interest obligations of
outstanding loans, lines of credit, notes and bonds for its regional sewage system,
divided by the projected total amount of flow used to bill all the COUNTY'S sewage
disposal customers over the same time period.
f. That portion of the projected/budgeted annual charge for the amortization of the
COUNTY'S outstanding loans, lines of credit and notes and bonds for its regional
sewage system, to be consistent with the requirements under law, divided by the
total projected amount of flow used to bill all the COUNTY'S sewage disposal
customers over the same time period.
g. That portion of the projected/budgeted annual administration and general expenses
incurred by the COUNTY in connection with its regional sewage system that is not
covered by the minimum charge divided by the total projected amount of flow used to
bill all the COUNTY'S sewage disposal customers over the same time period.
h. That portion of the charge for the COUNTY'S debt service coverage requirement for
loans, lines of credit and bond issues for the COUNTY'S regional sewage system
divided by the total projected amount of flow used to bill all the COUNTY'S sewage
disposal customers over the same time period.
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13. The CITY recognizes that the COUNTY intends to implement a peak flow rate structure. If
imposed, such rate shall also be equally imposed, on all wastewater customers, both retail and
wholesale. Such rate shall be imposed on the CITY only after completion of an analysis and
review process that is completed in partnership with the CITY. Any peak flow rate charge
imposed shall be identified specifically on all sanitary sewage invoices.
14. No costs associated with storm sewer systems or local collection systems shall be included in
the computation of said charge. However, the COUNTY reserves the right to revise or modify
the service rate and method of calculation included in Section 12 from time to time as may be
approved by the Board of County Commissioners in accordance with applicable law, and the
CITY agrees to be bound thereby. The COUNTY will attempt to provide the CITY with the
preliminary rate a minimum of six (6) weeks in advance of said rate's effective date. The CITY
recognizes and agrees that the COUNTY intends to implement in the future such charges or
rate structures, including, without limitation, peak flow surcharges, as it deems necessary to
fairly recover its costs for any needed infrastructure improvements, and the CITY agrees to be
bound to the rates related to peak flow surcharges when approved by the Board of County
Commissioners. The CITY further recognizes and agrees that the COUNTY'S right to revise or
modify the rate of calculation under this section is not limited solely to revisions or modifications
allowing the COUNTY to recover costs for infrastructure improvements.
15. Billings for services provided in accordance with this Contract shall be rendered monthly.
Invoices will be mailed by the tenth (10th) day of the month following the month for which service
has been provided, based on meter readings taken by Department employees on or about the
twenty-eighth (28t) day of each month. Amounts billed on such invoices are due when
rendered. In the event the CITY disputes a bill, the CITY shall provide the COUNTY with notice
of the reasons for non-payment within thirty (30) days of receipt of the bill and shall escrow such
portion of the bill that is disputed in an interest-bearing account. The parties shall promptly
meet and use good faith efforts to resolve the dispute within forty-five (45) days of the notice.
Except for any portion of the bill disputed by the CITY, payments not received by the
Department on or before twenty-five (25) days after the postmark date of the bill shall be
considered past due. All past due invoices may be subject to a late charge to be determined by
the COUNTY, such charge to defray Department costs in processing and otherwise
administering late payments, plus the accrual of interest on the past due balance at the
maximum legal rate provided by Florida law for contracts in which no interest rate is specified,
for each day, including Saturdays, Sundays and holidays, from the past due date until the date
of receipt of payment by the Department. For purposes of this Section, date of receipt of
payment shall be the date of physical receipt of the payment by the Department if hand-
delivered or mailed, or date of transfer to the Department's bank, if electronic funds transfer is
used.
16. It is hereby agreed that a legally accurate meter shall register not greater than one hundred-two
percent (102%) of actual consumption and not less than ninety-eight percent (98%) of actual
consumption. If a meter is determined by certified test not to be legally accurate, the meter shall
be recalibrated at the COUNTY'S expense. Bills for the period following the prior meter
accuracy check shall be adjusted to reflect the percentage of inaccuracy. In calculating such
billing adjustment it will be assumed that the meter inaccuracy existed for the entire time interval
between meter accuracy checks. The billing adjustment shall be made at the same rate
established herein, but the volume used in the billing calculations shall be adjusted as described
above. Either the COUNTY or the CITY may check the accuracy of the meters at a time
mutually agreeable to the CITY and the COUNTY but not more often than once every three
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I
months unless there is a disagreement between parties hereto regarding such accuracy. If the
CITY requests such a check and the meter is found to be legally accurate, the cost of the meter
check shall be borne by the CITY. Otherwise, the cost of the meter check shall be borne by the
COUNTY.
17. The COUNTY hereby grants the CITY the right to audit all Department records related to the
computation of the wholesale sanitary sewage rates for each fiscal year. Upon written notice,
the COUNTY shall make available to the CITY said records at the offices of the Department on
an annual basis. In the event that such audit indicates any discrepancy between the rates used
by the COUNTY in computing the monthly service charges to the CITY and those rates
determined as a result of the audit, the COUNTY shall make the necessary adjustments, as
mutually agreed upon, in subsequent invoices to the CITY to correct any identified
discrepancies. The audit must be completed on or before the end of each fiscal year for which
the rates apply. Adjustments shall not be made for prior fiscal years.
18. In the event of complete or partial failure of the meter to register the CITY'S sewage disposal
flow, the COUNTY may determine the estimated sewage disposal flow based on the most
recent twelve (12) full months of sewage disposal measured by the meter when it was operating
properly or another method determined by the Department.
19. In consideration of good and valuable consideration received from the COUNTY, and in
consideration of the covenants in this Contract, the CITY, to the extent permitted by Florida law,
agrees to indemnify and save harmless forever, the COUNTY, its officers, agents and
employees from all claims, liabilities, actions, losses, costs and expenses, including attorney's
fees, which may be sustained by the COUNTY, its officers, agents, and employees due to,
caused by, or arising from the negligence of the CITY, its officers, employees and agents in
connection with the performance of this Contract. The CITY agrees to defend against any
claims brought or actions filed against the COUNTY, its officers, agents and employees in
connection with the subject of the indemnities contained herein.
20. In consideration of good and valuable consideration received from the CITY, and in
consideration of the covenants in this Contract, the COUNTY, to the extent permitted by Florida
law, agrees to indemnify and save harmless forever, the CITY, its officers, agents and
employees from all claims, liabilities, actions, losses, costs and expenses, including attorney's
fees, which may be sustained by the CITY, its officers, agents, and employees due to, caused
by, or arising from the negligence of the COUNTY, its officers, employees and agents in
connection with the performance of this Contract. The COUNTY agrees to defend against any
claims brought or actions filed against the CITY, its officers, agents and employees in
connection with the subject of the indemnities contained herein.
21. Notwithstanding Sections 19 and 20 above, nothing shall create any liability of the COUNTY or
the CITY beyond the scope of Section 768.28 Florida Statutes, and monetary limits thereof, as
currently in effect or as lawfully amended in the future.
22. Any cessation of sewage disposal or other service interruptions and any consequences 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, and neither party shall be liable to
the other or their inhabitants or customers for any damage resulting from such cessation or
interruption of sewage disposal service. Force majeure shall mean an act of God, which
includes but is not limited to: sudden, unexpected or extraordinary forces of nature, such as
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floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or
other forces of 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 terrorism; insurrections; riots; federal, state,
county and local governmental restrictions, regulations and restraints; military action; civil
disturbances; explosions; and conditions in federal, state, county and local permits.
23. The CITY agrees that if any waters or waste are discharged by the CITY, either directly or by
one of the CITY'S retail customers, into the COUNTY'S wastewater system which are prohibited
by this Contract or which contain substances or possess characteristics contrary to the
requirements of the COUNTY'S rules and regulations or is in violation of any local, state or
federal law or regulation, or which otherwise create a hazard to health or property, or constitute
a public nuisance, the COUNTY may upon reasonable notice to the CITY:
a. Terminate this Contract;
b. Require pretreatment to any acceptable condition as determined by the local, state or
federal agency prior to discharge into the COUNTY'S wastewater system;
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the cost of handling and treating such waste, including any
applicable fines or penalties as provided under the COUNTY'S rules and regulations or
state or federal law as the same may be amended from time to time.
24. The CITY shall comply with the terms of Section 32-83 of the Miami-Dade County Code
regarding peak flow in as expeditious a manner as possible. The CITY shall take all steps
necessary to ensure that peak flows conveyed to the COUNTY do not exceed the peak flow
limit established for the CITY'S sewer system. In addition to any remedy provided by law or
provided elsewhere in this Contract, in the event that the CITY does not comply with the terms
of Section 32-83 of the Miami-Dade County Code, or does not ensure that peak flows are within
the peak flow limit, the CITY shall be in default of this Contract, and the COUNTY may upon
reasonable notice terminate this Contract.
25. The CITY agrees to cooperate with the COUNTY in the permitting process and/or any other
assistance needed for the COUNTY to obtain approval to perform work on the COUNTY'S
water and sanitary sewage infrastructure within the CITY'S jurisdiction ("the Work"). The CITY
shall not take any action to hinder, interfere or delay the Work. The CITY shall provide any
necessary easements, permits or other legal documents required by the COUNTY for
performance of the Work without additional expense to the COUNTY. The CITY shall not
charge any monies or impose any special conditions on the COUNTY to perform the Work.
26. This Contract shall be governed by and construed in accordance with the laws of the State of
Florida, and venue for any court proceeding shall be in Miami-Dade County, Florida.
27. All notices required pursuant to this Contract shall be properly given if mailed by United States
registered or certified mail addressed to the party to which notice is given at the following
respective addresses:
Miami-Dade County
c/o The Director
Miami-Dade Water and Sewer Department
3071 S.W. 38th Avenue
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Miami, Florida 33146
Mayor's Office-
City Of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
28. This Contract shall be and remain in full force and effect for a period of twenty (20) years from
the effective date of this Contract; provided, however, that this Contract may be terminated at
any time by mutual consent and agreement of the parties hereto. The CITY agrees that it will
notify the COUNTY in writing no later than six (6) months prior to the expiration of this Contract
if it intends to request negotiations of an additional Contract term. If the CITY has no valid
written Interlocal Contract with the COUNTY for sewage disposal service, the COUNTY
shall bill the CITY for sewage disposal service at the retail rate.
29. No rights pursuant to this Contract shall be assignable by the CITY unless the COUNTY agrees
in writing.
30. No amendment, alteration, change, or modification of the terms of this Contract shall be valid
unless made in writing, signed by authorized officers of all parties, and approved by the
COUNTY.
31. This Contract contains the entire Contract between the COUNTY and the CITY with respect to
the subject matter and replaces and supersedes all prior contracts or understandings, oral or
written, with respect to such subject matter, and such contracts or understandings are now void
and no longer in effect.
32. If any Section of this Contract is found to be null and void, the other Sections shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized, all as of the day and year written above.
ATTEST: MIAMI-DADE COUNTY
By: By:
Deputy Clerk County Mayor
ATTEST:
CITY OF MIAMI BEACH
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Sewage Disposal Service Contract
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I
By: By: '�
"y
City Glerk Mayor
i
Approved as to legal form Approve as egal form
and Sufficiency and Sufficiency
Assistant County Attorney Attorney for the City of Miami Beach .Oik j
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute An Interlocal Contract Between Miami-Dade County
And The City Of Miami Beach, Florida, To Provide For Sewage Treatment and Disposal Service.
Key Intended Outcome Supported:
Supporting Data (Surveys, Environmental Scan,etc.): N/A
Item Summa /Recommendation:
On May 17, 1972, the Department of Water and Sewers of the City of Miami and the City of Miami
Beach (City) entered into a contract providing for sewage treatment and disposal as well as a separate
contract for cost participation in the enlargement of the sewage treatment plant on Virginia Key and the
extension of the ocean outfall. The sewage disposal service contract was for a period of thirty (30)
years.
Miami-Dade County (County) is legal successor in interest to the Department of Water and Sewers of
the City of Miami and has assumed all rights, duties and obligations of that entity.
County and the City desire to enter into a new Interlocal Contract Agreement, so that the County can
continue to render sewage treatment and disposal services to the City. The Miami-Dade Water and
Sewer Department operates and maintains the County's sewage system. Similarly, the City entered
into a contract with the County on July 29, 2008 for the supply of a potable water source for twenty (20)
years.
Pursuant to the terms and conditions of the Interlocal Contract Agreement, the City shall collect and
deliver to the County, all of the City's sewage for disposal by the County, including sewage received by
the City from Bal Harbour Village, the Town of Bay Harbour Islands, and the Town of Surfside during
the effective period of this contract. The proposed term of the contract is twenty (20) years.
THE ADMINISTRATION RECOMMENDS APPROVING THE RESOLUTION
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds:
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Eric T. Carpenter, ext. 6012
Sign-Offs:
De artme t city
a er
ETC M JL
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AGENDA ITEM_ c 7k
MIAMIBEACH DATE 7
3
MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the City mmission
FROM: Jimmy L. Morales, City Manager
DATE: July 23, 2014
SUBJECT: A RESOLUTION OF THE MAY R AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTERLOCAL CONTRACT BETWEEN MIAMI-
DADE COUNTY AND THE CITY OF MIAMI BEACH, FLORIDA, TO PROVIDE FOR
SEWAGE AND DISPOSAL TREATMENT SERVICE.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND
On May 17, 1972, the Department of Water and Sewers of the City of Miami and the City of
Miami Beach (City) entered into a contract providing for sewage treatment and disposal as well
as a separate contract for cost participation in the enlargement of the sewage treatment plant
on Virginia Key and the extension of the ocean outfall. The sewage disposal service contract
was for a period of thirty (30) years.
Miami-Dade County (County) is legal successor in interest to the Department of Water and
Sewers of the City of Miami and has assumed all rights, duties and obligations of that entity.
County and the City desire to enter into a new Interlocal Contract Agreement, so that the
County can continue to render sewage treatment and disposal services to the City. The Miami-
Dade Water and Sewer Department operates and maintains the County's sewage system.
Similarly, the City entered into a contract with the County on July 29, 2008 for the supply of a
potable water source for twenty (20) years.
Pursuant to the terms and conditions of the Interlocal Contract Agreement, the City shall collect
and deliver to the County, all of the City's sewage for disposal by the County, including sewage
received by the City from Bal Harbour Village, the Town of Bay Harbour Islands, and the Town
of Surfside during the effective period of this contract. The proposed term of the contract is
twenty (20) years.
Commission Memorandum—Miami-Dade County/City of Miami Beach Sewage Disposal Agreement
Page 2 of 2
CONCLUSION
The Administration recommends approving the Resolution.
Attachment: Interlocal Contract between Miami-Dade County and the City of Miami Beach
Florida providing for sewage disposal service.
JLM/MT/ /BAM/FRS
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