2017-29733 Reso RESOLUTION NO. 2017-29733
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 AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND THE VILLAGE OF BAL HARBOUR FOR
THE CITY TO CONTINUE TO PROVIDE SEWAGE CONVEYANCE
SERVICES; AND AUTHORIZING THE TRANSFER OF TITLE FROM BAL
HARBOR TO THE CITY OF A SEWER METER, IN ORDER FOR THE CITY
TO PROVIDE A MORE ACCURATE MEASUREMENT OF BAL
HARBOUR'S SEWAGE FLOW.
WHEREAS, the City operates a sewage conveyance system (the City System)for the use
and benefit of its inhabitants, and has also historically provided sewage conveyance for disposal
services to the neighboring towns, known as the Satellite Cities, including the Village of Bal Harbour;
and
WHEREAS, at its November 17, 1971 meeting, the City Commission approved Resolution
No. 13447, to enter into an agreement with the Village of Bal Harbour, to provide sewage
conveyance for disposal services; and
WHEREAS, due to the then proposed connection of the City System to the Virginia Key
Treatment facility, the City exercised its right to terminate the agreement at its December 5, 1979
Commission meeting, pursuant to Resolution No. 79-16116; and
WHEREAS, notwithstanding such termination of the agreement,the City and Bal Harbour's
intent was not to discontinue the City's provision of the services to Bal Harbour, but rather to
continue to provide them on a month to month basis until new terms including, without limitation,
new rates under an appropriate rate setting procedure(after the City's costs could be determined for
operation under the new system) could be established; and
WHEREAS, this relationship has survived to present day; and
WHEREAS,the City and Bal Harbour now wish to enter into a new agreement("Agreement")
for sewage conveyance for disposal services (hereinafter, the "Services"); particularly insofar as
memorializing the method of compensation to be paid by Bal Harbour to the City is concerned; and
WHEREAS, the parties have negotiated the attached Agreement (Exhibit "A"), and the
Village of Bal Harbour approved the Agreement on January 17, 2017, pursuant to Bal Harbour
Resolution No. 2017-1068; and
WHEREAS, as a part of the Agreement, the Village of Bal Harbor shall grant, bargain, sell,
transfer, and deliver to the City one (1) EMCO flow systems, MAGFLO type MAG 5000 flow meter,
bearing serial number#N 1 CO150053,which meter shall assist the City in providing more accurate
sewage flow information (Attached as Exhibit "B"); and
WHEREAS, the Administration recommends that the Mayor and City Commission approve
and authorize the Mayor and City Clerk to execute the attached agreement and to accept the
MAGFLO meter from Bal Harbour.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,that the Mayor and City Commission
hereby, approve and authorize the Mayor and City Clerk to execute an Agreement between the City
of Miami Beach and the Village of Bal Harbour for the City to continue to provide sewage
conveyance services to Bal Harbour, and authorize the transfer of title from Bal Harbor to the City of
a meter, in order to provide more accurate measurement of Bal Harbour sewage flow.
PASSED AND ADOPTED this I day of fibYtl a r y , 2017.
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T:\AGENDA\2017\February\PUBLIC WORKS\Village of Bal Harbour Sewage Agreement.Reso.doc
BAL HARBOUR
- VILLAGE -
COUNCIL ITEM SUMMARY
Condensed Title:
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE, FLORIDA;
APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH TO PROVIDE
SEWAGE CONVEYANCE SERVICES FOR AN INITIAL FIVE YEAR TERM;
AUTHORIZING THE VILLAGE MANAGER TO RENEW THE AGREEMENT FOR
SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED.
Issue:
Should the Village Council approve the agreement with the City of Miami Beach to
provide sewage conveyance services to the Village?
Item Summary/Recommendation:
The City of Miami Beach (the City)operates a sewage conveyance system and has also
historically provided sewage conveyance for disposal services to Bal Harbour Village;
most recently, pursuant to an agreement entered into between the City and the Village,
dated November 17, 1971. The City exercised its right to terminate the agreement on
December 5, 1979 and has continued to provide services on a month to month basis
until new terms could be established. In the fall of 2014,the Village and the City initiated
a series of meetings to negotiate a new agreement. During the negotiations,the Village
agreed to install a new Master Sewage Flow Meter to be utilized by the City in their
determination of appropriate invoicing for the sewage conveyed through the City. On
March 22, 2016, the Bal Harbour Village Council passed Resolution No. 2016-1000,
authorizing the installation of the new Master Sewage Flow Meter adjacent to Pump
Station No.Two(PS-2).The new meter installation was recently completed by the Village
at the PS-2 Facility for the purposes of the pending agreement with the City. Subsequent
to the completion of this work, the City of Miami Beach and Bal Harbour Village have
completed the ongoing negotiations and now wish to enter into a new agreement for
sewage conveyance for disposal services.The term of the new agreement is for an initial
term of five (5) years. This Agreement shall be automatically renewed for subsequent,
consecutive terms of five (5) years each, subject to termination by either party, upon
written notice to the other.
THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION.
Financial Information:
Amount Account Account#
1
Sign Off:
Chief Financial Officer Director Parks&Public Spaces Village Manager
Amber Riviere John A.Oldenburg Jorge M.Gonzalez
EXHIBIT DLITEM R7A
53
BAL HARBOUR
- VILLAGE -
COUNCIL MEMORANDUM
TO: Honorable Mayor and Village Council
FROM: Jorge M. Gonzalez, Village Manager
DATE: January 17, 2017
SUBJECT: A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA;APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH
TO PROVIDE SEWAGE CONVEYANCE SERVICES FOR AN INITIAL FIVE
YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE
AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED;
PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE
ADMINISTRATIVE RECOMMENDATION
I am recommending the approval of this Resolution.
BACKGROUND
The City of Miami Beach (the City)operates a sewage conveyance system for the use and
benefits of its inhabitants, and has also historically provided sewage conveyance for
disposal services to Bal Harbour Village (the Village); most recently, pursuant to an
agreement entered into between the City and the Village, dated November 17, 1971, and
approved by the City pursuant to Resolution No. 13447.
On December 5, 1979, pursuant to Resolution No. 79-16116 and in anticipation of the
connection of the City System to the Virginia Key Treatment facility, the City exercised its
right to terminate the 1971 Agreement; notwithstanding such termination, however, the
City and the Village's intent was not to discontinue the City's provision of the services to
the Village, but rather to continue to provide them on a month to month basis until new
terms including, without limitation, new rates under an appropriate rate setting procedure
could be established.
ANALYSIS
This month to month relationship has continued for the past thirty seven (37)years to the
present day. In the fall of 2014, representatives from the Village and the City initiated a
series of meetings to negotiate a new agreement.
The new agreement memorializes the various procedures to be followed by both parties
in order for the City to continuously provide the necessary sewage conveyance services to
AGENDA ITEM R7A
54
January 17,2017 Council Meeting
Re:Agreement with the City of Miami Beach for Sewage Conveyance Services
Page 2 of 2
the Village and the method used to calculate the rate of compensation to be paid by the
Village to the City for this service.
As previously discussed, over the course of the past several years,there has been a number
of sewer conveyance billing issues between the Village and the City due to the
methodology used by the City to compute the Village's sewage conveyance invoices.The
sewage which is collected within the Village is metered at the Bal Harbour Sewer Pumping
Station (PS-2), located on Collins Avenue adjacent to the SunTrust Bank. The sewage is
then re-pumped to the City where their meter is currently located at the northern boundary
of the City at 72 Street.This meter measures the cumulative sewage volume of the Village,
the Town of Surfside and the Town of Bay Harbor Islands. The City computes the Village
sewage volume by reading the City meter and subtracting the Surfside and Bay Harbor
meter readings. The Village has disputed the City invoicing as they have not been
consistent with the flows which have been recorded by the existing Village meter located
at PS2. During the negotiations, the Village agreed to install a new Master Sewage Flow
Meter to be owned and utilized by the City in their determination of appropriate invoicing
for the sewage conveyed through the City sewage system with the final delivery to the
Miami Dade County Virginia Key Treatment Facility.
On March 22, 2016, the Bal Harbour Village Council passed Resolution No. 2016-1000,
authorizing the installation of the new Master Sewage Flow Meter adjacent to Pump Station
No. Two (PS-2).This meter was deemed vital in order to determine with a high level of
accuracy, the volume of sewage conveyance transmitted by the Village to and invoiced by
the City.The Village budgets in excess of one million ($1,000,000) dollars annually for this
service and even a five (5%) discrepancy is significant. The new meter installation was
recently completed by the Village at the PS-2 Facility for the purposes of the pending
agreement with the City.
Subsequent to the completion of this work, the Village and the City staff have completed
the ongoing negotiations and now wish to enter into a new agreement for sewage
conveyance for disposal services. The term of the new agreement is for an initial term of
five(5)years.This Agreement shall be automatically renewed for subsequent, consecutive
terms of five (5) years each, subject to termination by either party, upon one hundred
eighty(180) days written notice to the other.
CONCLUSION
I have reviewed this agreement and determined it to be in the best interest of the Village.
Therefore, I recommend approval of this resolution approving the agreement with the City
of Miami Beach to provide sewage conveyance services as detailed within the agreement.
I also recommend the authorization of the subsequent renewals of this agreement as
stipulated within the agreement.
Attachments:
1. Exhibit A-Sewer Conveyance Agreement between Bal Harbour Village and
the City of Miami Beach
55
RESOLUTION NO. 2017-1068
A RESOLUTION OF THE VILLAGE COUNCIL OF BAL HARBOUR VILLAGE,
FLORIDA;APPROVING AN AGREEMENT WITH THE CITY OF MIAMI BEACH
TO PROVIDE SEWAGE CONVEYANCE SERVICES FOR AN INITIAL FIVE
YEAR TERM; AUTHORIZING THE VILLAGE MANAGER TO RENEW THE
AGREEMENT FOR SUBSEQUENT FIVE YEAR PERIODS AS REQUIRED;
PROVIDING FOR IMPLEMENTATION;AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Miami Beach (the City) historically has provided sewage
conveyance for disposal services to Bal Harbour Village (the Village); most recently
pursuant to an agreement entered into between the Village and the City, dated
November 17, 1971; and approved by the City pursuant to Resolution No. 13447 (The
"1971 Agreement");and
WHEREAS, on December 5, 1979, pursuant to Resolution No. 79-16116 (and in
anticipation of the connection of the City System to the Virginia Key Treatment facility),
the City exercised its right to terminate the 1971 Agreement; notwithstanding such
termination, however, the City and the Village's intent was not to discontinue the City's
provision of the services to the Village, but rather to continue to provide them on a month
to month basis until new terms including, without limitation, new rates under an
appropriate rate setting procedure (after the City's costs could be determined for
operation under the new system) could be established; and
WHEREAS, the City and the Village now wish to enter into a new agreement for sewage
conveyance for disposal services (hereinafter, the Services); particularly insofar as
memorializing the new rate of compensation to be paid by the Village to the City is
concerned.
WHEREAS, this Council finds the approval of the agreement between the Village and
Bal Harbour Village— Resolution 2017-1068 1
PASSED AND ADOPTED this 17th day of January, 2017.
(2;
F� ayor .briel Groisman
I•P
ATTES •
•
Dwight S. Dariie, Village Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
Vil :ge Attor ey
eiss Serota Helfman Cole & Bierman, P.L.
Reviewed and Approved by Village Attorney Matthew J. Pearl
Bal Harbour Village— Resolution 2017-1068 3
THIS INSTRUMENT PREPARED BY:
Gail D. Serota, Esq.
Weiss Serota Helfman Cole & Bierman P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Telephone: 305.854.0800
BILL OF SALE
FOR TEN DOLLARS and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the BAL HARBOUR VILLAGE, a Florida
municipal corporation ("VILLAGE"), whose mailing address is 655 - 96TH Street, Bal
Harbour, Florida 33154, hereby grants, bargains, sells, transfers, and delivers to the City
of Miami Beach ("City"), whose mailing address is 1700 Convention Center Drive, Miami
Beach, Florida 33139,the following goods, chattel and equipment("Improvements"):
Village, for itself and its successors and assigns, covenants to and with the City and
their successors and assigns, that it is the lawful owner of the Improvements; that the
Improvements are free from all encumbrances; that Village has good right to sell and
convey the Improvements; and that Village will warrant and defend the sale of the
Improvements to the City, and their successors and assigns, against the lawful claims and
demands of all persons whomsoever.
Village has executed this Bill of Sale on the date set forth below its signature.
[SIGNATURE BLOCK ON NEXT PAGE]
EXHIBIT
66
Witnesses: Bal Harbour Village, a.Florida municipal
corporation
Signature:
By:
Print name: Jorge Gonzalez, Village Manager.
Signature: Date:
Print name:
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me
on by Jorge Gonzalez, as Village Manager of the Village of
Bal Harbour, a Florida municipal corporation, on behalf of the corporation. He is
personally known to me or has produced as identification.
Notary Public, State of Florida
Print Name:
My Commission Expires
[SEAL] /
i
2
67
THIS INSTRUMENT PREPARED BY:
Gail D. Serota, Esq.
Weiss Serota Helfman Cole & Bierman P.L.
2525 Ponce de Leon Blvd., Suite 700
Coral Gables, Florida 33134
Telephone:305.854.0800
BILL OF SALE
FOR TEN DOLLARS and other good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, the BAL HARBOUR VILLAGE, a Florida municipal corporation
("VILLAGE"), whose mailing address is 655 96TH Street, Bal Harbour, Florida 33154, hereby grants,
bargains, sells, transfers, and delivers to the City of Miami Beach ("City"), whose mailing address is
1700 Convention Center Drive, Miami Beach, Florida 33139, the following goods, chattel and
equipment("Improvements"):
• One(1) EMCO flow systems, MAGFLO type MAG 5000 flow meter
serial number# NlCO15oo53•
Village, for itself and its successors and assigns, covenants to and with the City and their
successors and assigns,that it is the lawful owner of the Improvements;that the Improvements are
free from all encumbrances; that Village has good right to sell and convey the Improvements; and
that Village will warrant and defend the sale of the Improvements to the City, and their successors
and assigns, against the lawful claims and demands of all persons whomsoever.
Village has executed this Bill of Sale on the date set forth below its signature.
[SIGNATURE BLOCK ON NEXT PAGE]
Witnesses: Bal Harbour Village, a Florida municipal
corporation
Signature:
By:
Print name: Jorge Gonzalez,Village Manager
Signature: Date:
Print name:
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
STATE OF FLORIDA / )'}?
COUNTY OF MIAMI-DADE tyAttomey Dot /
The foregoing instrument was acknowledged before me on
by Jorge Gonzalez, as Village Manager of the Village of Bal Harbour, a Florida municipal
corporation, on behalf of the corporation. He is personally known to me or has produced
as identification.
Notary Public, State of Florida
Print Name:
My Commission Expires
[SEAL]
2
Exhibit A.
AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND BAL
HARBOUR VILLAGE, FLORIDA, TO PROVIDE SEWAGE CONVEYANCE SERVICES
THIS AGREEMENT is made and entered into this day of ,2017
(Effective Date), by and between the City of Miami Beach, Florida ("City"), and the Bal
Harbour Village ("Village" or"Bal Harbour").
WHEREAS, the City operates a sewage conveyance system (the City System)for
the use and benefits of its inhabitants, and has also historically provided sewage
conveyance for disposal services to the neighboring Bal Harbour Village; most
recently, pursuant to an agreement entered into between the City and Bal Harbour,
dated November 17, 1971,and approved by the City pursuant to Resolution No. 13447
(the "1971 Agreement"); and
WHEREAS, on December 5, 1979, pursuant to Resolution No. 79-16116 (and in
anticipation of the connection of the City System to the Virginia Key Treatment facility),
the City exercised its right to terminate the 1971 Agreement; notwithstanding such
termination, however, the City and the Village of Bal Harbour' s intent was not to
discontinue the City's provision of the services to the Village, but rather to continue to
provide them on a month to month basis until new terms including, without limitation,
new rates under an appropriate rate setting procedure (after the City's costs could be
determined for operation under the new system) could be established; and
WHEREAS, the City and Bal Harbour now wish to enter into a new agreement
for sewage conveyance for disposal services (hereinafter, the Services); particularly
insofar as memorializing the new rate of compensation to be paid by Bal Harbour to
the City is concerned.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
set forth herein, the City and Bal Harbour hereby agree as follows:
1. The City shall continue to provide the Services to Bal Harbour, to the extent
capacity is available, by means of an existing transmission main from Bal
Harbour to the City-owned meters located in the City owned parking lot at 72nd
Street, located in the City of Miami Beach. The Interlocal Contract Between
Miami-Dade County and City of Miami Beach, Florida, Providing for Sewage
Disposal Service (the "Interlocal Agreement"), dated and
adopted by the City pursuant to Resolution No. , acknowledges that
the sanitary sewage received by the County from the City flows from Bal
Harbour, in addition to the towns of Surfside and Bay Harbor Islands. Future
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58
flows (i.e. future capacity) from Bal Harbour under this Agreement shall be
determined in accordance with, and subject to, the Interlocal Agreement.
2. Notwithstanding the City's agreement to provide the Services, or any other term
or condition of this Agreement, Bal Harbour acknowledges that any obligation
that the City has to render such Services to Bal Harbour pursuant to this
Agreement shall be limited to, subject and subordinate to, and conditioned
upon any agreements, terms, covenants, conditions, and obligations between
the City and Miami-Dade County, Florida (the County), whether existing as of
the Effective Date or as may exist in the future, pertaining to the County's
responsibility to provide sewage disposal service to the City's existing sewer
service area (which service area includes and takes into account the flow from
Bal Harbour), by means of the existing transmission main from the City to the
County's Central District Wastewater Treatment Plant located on Virginia Key
(where the combined flow is metered). Bal Harbour further recognizes and
acknowledges that the City's standards for the Services provided to Bal Harbour
pursuant to this Agreement are also limited to, subject and subordinate to, and
conditioned upon any modification(s) as a result of (i) changes to the City's
agreement with the County to provide sewage disposal services to the City;
and/or (ii) changes to existing or future federal, State, County, and local laws,
rules, and regulations.
3. Bal Harbour agrees, and hereby warrants to the City, that it will abide by and be
bound by all present and future federal, State, County, and City laws, standards,
rules, regulations, permit conditions and other requirements related to sewer
service. Bal Harbour acknowledges that the responsibility of the City to provide
the Services under this Agreement shall be limited to the flow from Bal Harbour's
existing sewer service area(s)(i.e.the flow existing as of the Effective Date of this
Agreement).
4. Bal Harbour further agrees and hereby warrants to the City that it shall operate
and maintain its sewage collection system (hereinafter referred to as the Bal
Harbour System, and which system includes, without limitation, any and all
transmission pipe lines, main pipe lines, force mains pumps, pumping stations,
meters, and any and all other facilities and equipment appurtenant thereto), and
any system extensions thereof, in accordance with the requirements of all
applicable federal, State, County, and City laws, rules, regulations, and permit
conditions. The operation and maintenance of the Bal Harbour System shall be
the sole responsibility and cost of Bal Harbour. The City reserves the right to
inspect the Bal Harbour System, as deemed necessary by the City, in its sole
discretion and judgment, but at no cost to Bal Harbour, to.verify that the Bal
Harbour System is being properly maintained and operated in accordance with
the above standards and industry standards as outlined in Wastewater
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59
Collection Systems Management, WEF Manual of Practice No. FD-7, 2009; and
Recommended Standards for Wastewater Facilities, Health Education Services(a
Division of Health Research, Inc.), 2004. The City shall request permission from
Bal Harbour to inspect the Bal Harbour System, which permission shall not be
unreasonably withheld, conditioned, or delayed. The City shall request
permission from Bal Harbour three (3) business days prior to inspection of the
Bal Harbour System and shall allow Bal Harbour's representation at City's
inspections. Said inspections shall be made at reasonable times and in such
manner so as to least disturb the Bal Harbour Village's normal operations.
5. Bal Harbour shall not allow or permit construction or installation of any
connections of stormwater mains which allow stormwater to enter the Bal
Harbour System. Upon notice or discovery of such interconnections, Bal
Harbour shall, at its sole cost and expense, immediately effectuate the lawful
disconnection of such interconnections to the City's satisfaction and, at a
minimum, in accordance with local, State, and federal laws. Bal Harbour hereby
agrees to pursue and maintain best efforts, on a regular timely basis, to reduce
infiltration and inflow to comply with all local, State, and/or federal ordinances,
laws and regulations regarding infiltration and inflow connection or reduction
as now in effect or as may be enacted in the future. Bal Harbour agrees that in
the event any undue infiltration develops in the Bal Harbour System, it shall make
such repairs as may be required by the City in order to remedy such condition.
6. The quantity(i.e.the flow)of sewage handled by the City System for Bal Harbour
hereunder shall be measured prior to the entry point to the City System by City
owned meters, or any subsequent replacement meters installed by the City, in
its sole and reasonable discretion (hereinafter referred to individually as a
"Meter" or collectively as the "Meters"). The Meter has been installed in a
structure located within the 72nd Street parking lot located within the City of
Miami Beach. Bal Harbour Village has completed the installation of a new meter
for the purposes of this agreement, located in Bal Harbour at the Pump Station
located north of 96th Street between Collins Avenue and Harding Street. The
City and Bal Harbour shall have the right and opportunity to inspect the Meters.
The City shall notify Bal Harbour three (3) business days prior to inspection of
the Meters and shall allow Bal Harbour to attend the City's inspections. Said
inspections shall be made at reasonable times and in such manner so as to least
disturb the Bal Harbour Village's normal operations.
7. The City shall own, operate and maintain the Meters, at its sole cost and
expense. The City shall also, at its sole expense,test the accuracy of each Meter,
at a minimum, once every three (3) months, or at such other time intervals as it
may deem appropriate. The City shall notify Bal Harbour three(3)business days
prior to testing of the Meters and shall allow Bal Harbour's representation at
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60
City's testing. Said tests shall be made at reasonable times and in such manner
so as to least disturb the Bal Harbour Village's normal operations. The City shall
provide the results of the tests to Bal Harbour no later than thirty (30) days after
each meter is tested.
8. The Meters shall indicate flow with an error not to exceed plus or minus five
percent (5%) of full scale reading (true accuracy). If found to be in error - i.e.
anything exceeding five percent (5%) of true accuracy - the Meters shall be re-
calibrated by the City. If such error of more than five percent(5%) is discovered,
bills for the three (3) periods following the prior Meter accuracy test shall be
adjusted to reflect the quantity of over-read or under-read flow. In calculating
such billing adjustment, it will be assumed by the parties that the inaccuracy
existed for the entire time interval between accuracy tests. The billing
adjustment(s) shall be made at the same rate in effect during the time interval.
9. Bal Harbour may request, and the City agrees to perform, additional Meter
accuracy tests, upon reasonable notice to City and at a reasonable time
acceptable to both parties. Said additional testing shall be completed at
reasonable times. If the Meter(s) is (are) found to be in error exceeding five
percent (5%) true accuracy, it shall be recalibrated by the City as described in
the preceding Paragraph 8, and the entire cost for such testing and recalibration
shall be paid for by the City. If the Meter(s) is (are)found performing within five
percent(5%)true accuracy,the Meter accuracy test shall be paid by Bal Harbour
no later than thirty(30) days from receipt of an invoice from the City.
10.In the event of complete or partial failure of any Meter(s)to register, both parties
shall mutually agree to establish consumption based on historic monthly
average flows for the most recent wet or dry period as defined by the latest
Miami-Dade County rate schedule in effect during the Term of this Agreement.
The most recent actual readings for a period of three (3) consecutive months of
a wet or dry period will be used to represent that corresponding period until the
Meter(s) is (are) repaired. The City shall use reasonable commercial efforts to
repair a failed Meter within sixty(60) days of a determination by the City that the
Meter has completely or partially failed.
1 1.The City will be under no obligation at any time to perform any re-pumping of
sewage delivered to the City System by Bal Harbour.
12.Bal Harbour agrees to pay to the City an amount, as determined by the City, to
cover all costs associated with the sewage flow from the Bal Harbour System,
per 1,000 gallons of sewage passing through the City's System; which sum shall
be payable monthly. The cost of service shall include direct costs of operation,
maintenance, depreciation, debt service, and a one and a half percent (1.5%)
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61
administrative fee. The actual amount shall be calculated and presented in a
written report to the City of Miami Beach Commission during its budget
approval process, and approved by City Resolution; provided, however,thatthe
City shall make reasonable commercial efforts to transmit the afore stated
written report to Bal Harbour at least fourteen (14) calendar days prior to the
date of the public meeting at which the written report is presented to the City
Commission. The City shall make reasonable commercial efforts to transmit the
proposed Resolution to Bal Harbour at least fourteen (14)calendar days prior to
the date of the City Commission meeting at which the proposed Resolution is
presented to the City Commission.The adopted Resolution shall be transmitted
to Bal Harbour as written notice of change of cost of service with an effective
date.
13.Billing for services provided in accordance with this Agreement 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 readings of
the Meters taken by the City. Amounts billed on such invoices are due when
rendered. In the event Bal Harbour disputes a bill, Bal Harbour shall provide the
City with written 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 reasonable
good faith efforts to resolve the dispute within forty-five (45) days of the City's
receipt of Bal Harbour's notice. Except for any portion of a bill disputed,
payment not received by the City on or before twenty-five (25) days after the
postmark date of the bill shall be considered past due. All past due invoices
shall be subject to a late charge, as established by the City (such charge to
reimburse the City for costs in processing and otherwise administering late
payments). In addition, per annum interest shall accrue on the past due charges
including the late charges 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 by the
City. For purposes of this paragraph, date of receipt shall be the date of actual
receipt by the City if hand delivered or mailed, or date of transfer to the City's
bank, if electronic funds transfer is used.
14.Neither party shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an event of force
majeure, including, but not limited to, war, riots, natural catastrophe, or any
other event beyond the control of the non-performing party and which could
not have been avoided or overcome by the exercise of due diligence; provided
that the party claiming the excused performance has (i) promptly notified the
other party of the occurrence and its estimated duration; (ii) promptly remedied
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or mitigated the effect of the occurrence to the extent possible;and(iii)resumed
performance as soon as possible.
15.To the extent provided by Florida law, both parties mutually agree to indemnify,
defend, and hold harmless each other and their respective officers, agents,
contractors, and employees, from any claim, loss, damage, cost, charge, or
expense arising out of any acts, action, error, neglect, or omission by such
officers, agents, contractors, or employees during the performance of the
Agreement, except that neither party, nor its respective officers, agents,
contractors, or employees, will be liable under this paragraph for damages
arising out of injury or damage to persons or property directly caused by or
resulting from the negligence of the other party, or any of its respective officers,
agents, contractors, or employees, during the performance of this Agreement.
16.This Agreement shall be governed by the laws of the State of Florida. Any
provision hereof found to be unlawful or unenforceable shall be severable and
shall not affect the validity of the remaining portions hereof. Any and all suits
brought by either party shall be instituted and maintained in any court of
competent jurisdiction in Miami-Dade County, Florida. In all such suits, the
prevailing party shall be entitled to receive reasonable costs and reasonable
attorney's fees. City and Bal Harbour waive any rights either party may have to
a trial by jury in any civil litigation related to, or arising out of, this Agreement.
17.AII notices required pursuant to the terms hereof may be sent by first class
United States Mail, facsimile transmission, hand delivery, or express mail and
shall be deemed to have been received by the end of five business days from
the proper sending thereof unless proof of prior actual receipt is provided. Bal
Harbour shall have a continuing obligation to notify the City of the appropriate
persons for notices to be sent pursuant to this Agreement. Unless otherwise
notified in writing, notices shall be sent to the following addresses:
• If to the City:
Eric Carpenter, P.E., Director of Public Works
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
o If to Bal Harbour:
John Oldenburg, Director Parks and Public Spaces Department
655 96 Street
Bal Harbour, FL 33154
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18.The term of this Agreement (Term) shall be for an initial term of five (5) years,
commencing upon execution by the parties hereto, as referenced by the
Effective Date on page 1 hereof. This Agreement shall be automatically
renewed for subsequent, consecutive terms of five (5) years each, subject to
termination by either party, upon one hundred eighty (180) days written notice
to the other.
Notwithstanding the preceding paragraph, should Bal Harbour elect at any time
during the Term of this Agreement to transmit all or a portion of its current
sewage flow (as of the Effective Date), Bal Harbour shall provide the City with
written notice of such intent ninety(90) days prior to January 15t, so that the City
have time to adequately evaluate and plan its future capacity demands, in order
to transmit same to the County as required under the Interlocal Agreement.
19. The City agrees that if, after the Effective Date of this Agreement, it enters into
an agreement for the same or substantially similar scope of services with another
local government in Florida which contains terms or conditions pertaining only
to fees, charges or costs, that are more favorable than the terms in this
Agreement, Bal Harbour may provide the City with written notice explaining
how the new agreement is for the same or substantially similar services and how
the new agreement contains terms or conditions pertaining only to fees,
charges, or costs, that are more favorable than the terms in the Agreement, and
requesting to negotiate an amendment to the Agreement (a "New Agreement
Notice"). The parties shall act in good faith to negotiate an amendment to the
Agreement that addresses, in a manner that is fair and equitable to both parties,
the matters'raised by Bal Harbour in the New Agreement Notice. If the parties
fail to reach agreement upon an amendment within ninety(90) days of the New
Agreement Notice, then Bal Harbour may terminate this Agreement without
penalty or early termination fee, subject to the terms and conditions herein, by
providing thirty (180) days advance written notice to the City, such notice to be
given no later than one hundred (100) days from the New Agreement Notice.
Upon a termination pursuant to this section,the City shall have no further liability
and/or obligation to Bal Harbour.
In.the alternative, if Bal Harbour decides not to terminate the Agreement, the
Village reserves the right to negotiate a new agreement, per the New
Agreement Notice; provided that Bal Harbour shall continue to comply with the
terms of this Agreement, including any fees, charges, or costs required under
this Agreement. In the event that the Parties are not able to negotiate an
amendment to this agreement pursuant to the New Agreement Notice, the
Parties shall agree to mediation prior to instituting any legal action pursuant to
Paragraph 16 of this Agreement.
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20.This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto.
IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto
as of the day and year first above written.
ATTEST: CITY OF MIAMI BEACH, FLORIDA
Signature: Signature:
Name: Name:
Title: Title:
Date:
ATTEST: VILLAGE OF BAL HARBOUR
Signature: Signature:
Name: Name:
Title: Title:
Date:
APPROVED AS TO
FORM & LANGUAGE
&FO[ EXECUTION
City Attorney Dote
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Resolutions -C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 8, 2017
SUBJECT: 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 AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND THE VILLAGE OF BAL HARBOUR FOR THE CITY TO CONTINUE
TO PROVIDE SEWAGE CONVEYANCE SERVICES; AND AUTHORIZING THE
TRANSFER OF TITLE FROM BAL HARBOR TO THE CITY OF A SEWER METER,
IN ORDER FOR THE CITY TO PROVIDE A MORE ACCURATE MEASUREMENT
OF BAL HARBOUR'S SEWAGE FLOW.
RECOMMENDATION
The Administration recommends approving the Resolution.
ANALYSIS
The City operates a sewage conveyance system (the City System)for the use and benefit of its
inhabitants, and has also historically provided sewage conveyance for disposal services to the
neighboring towns, known as the Satellite Cities, including the Village of Bal Harbour.
The City Commission approved Resolution No. 13447 to enter into an agreement with the
Village of Bal Harbour on November 17, 1971 to provide sewage conveyance for disposal
services. However, due to the then proposed connection of the City System to the Virginia Key
treatment facility, the City exercised its right to terminate the agreement at its December 5, 1979
Commission meeting, pursuant to Resolution No. 79-16116.
Notwithstanding such termination of the agreement, the City and Bal Harbour's intent was not to
discontinue the City's provision of the services to Bal Harbour, but rather to continue to provide
them on a month to month basis until the new terms including, without limitation, new rates under
an appropriate rate setting procedure (after the City's costs could be determined for operation
under the new system)could be established.
This relationship has survived to the present day. The City and Bal Harbour now wish to enter
into a new agreement ("Agreement") for sewage conveyance for disposal services hereinafter,
the "Services"; particularly insofar as memorializing the method of compensation to be paid by
Bal Harbour to the City is concerned.
Page 327 of 873
The Mayor and Village Council of the Village of Bal Harbour adopted Resolution No. 2017-1068
authorizing the Mayor to enter into an agreement on January 17, 2017.
In 2011, the Town of Surfside and the Village of Bal Harbour laid a new 16 inch diameter
pipeline to 73rd Street to convey their wastewater to the City of Miami Beach. There had been a
history of controversy over the billing of the satellite cities..At that time, it was determined that
the City of Miami Beach would provide new meters to be installed in the pipeline to measure the
flows. The Town of Surfside did install two meters provided by the City into their system. A
meter registering the Bal Harbour flow was not installed as a manhole would have needed to be
constructed to house the meter. A third meter was installed at the parking lot on 73rd Street
which provided the total flow from satellite cities. The monthly Bal Harbour flow was determined
by deducting the other meters from the total flow measured. Again, billing problems arose,
particularly when the Town of Surfside underwent a pump station rehabilitation project and the
metered flow was not available.
In 2016, Bal Harbour engaged in a construction project that included installing a meter within a
manhole as had been requested earlier. Specifications were provided to Bal Harbour to ensure
that all of the meters utilized to measure the sewerage flows were the same and met the City of
Miami Beach's requirements. Therefore, all of the flows can now be metered and totaled which
provide a level of checks and balances as well as sufficient redundancy should a failure occur in
any one of the meters.
Since the agreement stipulates that the meters to measure the flow belong to the City of Miami
Beach and the City is responsible for reading and calibrating the meters, Bal Harbour would like
to transfer ownership of the installed meter to the City.
CONCLUSION
The Administration recommends approving the Resolution.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
❑ Resolution and Exhibits
Page 328 of 873