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RESOLUTION 89-19738 RESOLUTION NO. 89-19738 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY, A CONTRACT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH, FLORIDA TO PROVIDE FOR THE RENDITION OF WATER SERVICE BY THE COUNTY TO THE CITY OF MIAMI BEACH FOR A THIRTY (3 0) YEAR TERM. WHEREAS, on June 24 , 1957 , the Department of Water and Sewers of the City of Miami and the City of Miami Beach ("City") entered into a contract providing for the rendition of water services by said Department to said City; and WHEREAS, the Metropolitan Dade County ("County") is the legal successor in interest to said Department and has assumed all rights, duties and obligations of said Department; and WHEREAS, pursuant to the authority of Chapter 2 of the Code of Metropolitan Dade County, the County owns and operates a county- wide water supply, treatment and transmission system; and WHEREAS, the Miami-Dade Water and Sewer Authority Department, hereinafter referred to as the "Department" , which operates under the administration of the Board of County Commissioners, has the authority to develop, treat and provide water service to residents and municipalities of Dade County; and WHEREAS, the City has requested the County to continue to provide its total potable water supply; and WHEREAS, the County is willing to provide the City with its total potable water supply, and has presented the City with the attached contract. NOW THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, the City Manager is authorized and instructed to execute, on behalf of the City, the attached contract between Metropolitan Dade County and the City of Miami Beach, Florida to provide for the rendition of water service by the 1 County to the City of Miami Beach for a thirty (30) year term. PASSED and ADOPTED this 20th day of September 1989. 7MAYOR ATTEST: 6A/12 �T�R K 9?7FORM APPROVED PNB/nn LEGAL DEPT. 100389A Date "NV' 2 TO HEA- DATE 210/ % _TIME id` /O WHILE YOU WERE OUT M iAI. Ie I '� �/J 'we� of � PHONE 649.— 76;'/ . Area Code Number Extension • TELEPHONED T PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL c',�?� G /'1 Message eAl e A /� � y reaTS G 'exp eetm Operator To ME' DATE ' f -1/93 TIME WHILE YOU WERE OUT //emdrik.S OF PHONE `�-`--- Area Code Number Extension r TELEPHONED PLEASE CALL II CALLED TO SEE YOU WILL CALL AGAIN II WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message adi efICG irwp' r -- el4 cc" ce6 511°113 -17)e) /414--"7 ., Ade- W ati-/✓ (-71"Lv .dJe rm wins n a+ .�x P - a n e-i-o 0►,e.., 19e- U) r� a n c1 e P G4,S3Z- ' t ACH r t TO: Domingo Rodriguez DATE: 11/1/89 Public Work FROM: Elaine M. Baker City' Clerk SUBJECT: A Contract between Metropolitan Dade County and the City of Miami Beach, Florida to pro- vide for the rendition of water service by the County to the City of Miami Beach for a thirty (30) year term. Enclosed are 6 copies of the above--noted contract, together with a copy of the authorizing Res. No. 89-19738 which have been executed by the_ City. Please forward all copies to the appropriate official for signature, with the request that the blur-backed copy be returned to the attention of Mercy Williamsin this office. Would you also please copy her on your letter of transmittal. She will subsequently forward a fully executed set to you for your files. Thank you. ,/// 6 not been f--A-freee r ' ,6,( 6,4 fyttz,#)-(-,4- /////. pct- -c-cL - -v - 14.a— /-k4c4/ ,/, ),(01 4 tau c-44 " te5f -*' - wirt - jaw -., . CITY. OF MIAM! BEACH _ . TO: Domingo Rodriguez DATE: 11/1/89 Public Wirk FROM: 4aine M. Baker city Clerk SUBJECT: A Contract between Metropolitan Dade County and the City of Mla*i Beach, Florida to pro- vide for the rendition of water service by the County to the City of Miami Beach for a thirty (30) year term. Enclosed are 6 copies of the above-noted contract, together with a copy of the authorizing Res. No. 89-19738 which have been executed by the- City. Please forward all copies to the appropriate official for signature, with the request that the blue-backed copy be returned to the attention of Mercy Williams in this office. Would you also please copy her on your letter of transmittal. She will subsequently forward a fully executed set to you for your files. Thank you. 8/3/90 m-_ The signed contract of the above have not been' . received Ito this date. • Please follow up. Thank you. 6 65 - -7( 47 I 1 II Illql , ,op4-ke --te Cr * - '10931- P•)'Lit /tutu,- kat, m)6-114 (--; . .. .. ,. • CITY OF NAIA '1I B CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 114446,441 f it,v0t_• March 21, 1994 PIAR 2 1 1984 Mr. Tony Clemente Director, Metro Dade Water . & Sewer Authority Department 3575 S. Lejeune Road Coral Gables, FL 33133 Re: A CONTRACT BETWEEN METROPOLITAN DADE COUNTY AND THE CITY OF MIAMI BEACH, FLORIDA TO PROVIDE FOR THE RENDITION OF WATER SERVICE BY THE COUNTY TO THE CITY OF MIAMI BEACH FOR A THIRTY (30) YEAR TERM Dear Tony: It has come to my attention that the above-captioned subject contract was never executed by Garrett Sloan, (past) Director, Metro Dade Water and Sewer Authority. It seems impossible to me that my predecessor did not resolve this matter since the contract was withdrawn by the Board of County Commissioners Agenda on December 19, 1989 after the Miami Beach City Commission approved on September 30, 1989. Please review this situation so that we may move forward on a variety of mutual issues relative to water and sewer. Sincerely, Roger M. Carlton City Manager RMC:lcd Cc Eddie Cox, Senior Assistant City Manager Laurence Feingold, City Attorney Domingo Rodriguez, Acting Public Works Director Richard Brown, City Clerk Joaquin Avino, P.E., P.L.S., Metro Dade County Manager Y * INCORP ORATED *) FROM THE DESK OF RICHARD E. BROWN CITY CLERK a. (5c1 0-, As 54-, C.A-(L) tAcT, ("411-j 44,\..z_ yv.a-- '7\0 ).‘ ell‘"*/\ 1'1 C,,4‘..\ `N6*-L ‘k)0„,k4...„ c NA-t- " , Nrfr 41/_`:21. --(../Y,..2_,(..v\ittAt— . . • f\NAAN,&1/4 ♦ 7, rin CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 DEPARTMENT OF PUBLIC WORKS November 14, 1989 Mr. Garrett Sloan, Director Miami-Dade Water and Sewer Authority P.O. Box 330316 Miami, Florida 33233-0316 SUBJECT: CONTRACT BETWEEN METROPOLITAN DADS COUNTY AND THE CITY OF MIAMI BEACH RELATIVE TO WATER SERVICE Dear Mr. Sloan: Enclosed are six executed copies of the Contract between Metropolitan Dade County and the City of Miami Beach to provide water service for a 30-year term. Also enclosed is a copy of Resolution No. 89-19738 authorizing execution by the City of Miami Beach. Please return the executed blue-backed copy and one other for our files. Thank you. Very truly yours, RichardA. Gatti, P.E. Director of Public Works RAG/b Attachments cc: Elaine M. Baker—.- --- City Clerk CERTIFIED MAIL - RETURN RECEIPT REQUESTED P 3� CONTRACT BETWEEN METROPOLITAN DADE COUNTY AND CITY OF MIAMI BEACH, FLORIDA PROVIDING FOR THE RENDITION OF WATER SERVICE BY THE COUNTY TO SAID CITY THIS CONTRACT, made and entered into this day of , 19 , by and between Metropolitan Dade County, a political subdivision of the State of Florida, its successors and assigns , hereinafter referred to as the "COUNTY" , and the City of Miami Beach, a municipal corporation organized and existing under the laws of the State of Florida, its successors and assigns , hereinafter referred to as the "CITY" ; WITNESSET H: WHEREAS, on June 24 , 1957 , the Department of Water and Sewers of the City of Miami and the CITY entered into a contract providing for the rendition of water service by said Department to said CITY, and WHEREAS, the COUNTY is the legal successor in interest to said Department and has assumed all rights , duties and obligations of said Department, and . WHEREAS, pursuant to the authority of Chapter 2 of the Code of Metropolitan Dade County, the COUNTY owns and operates a county-wide water supply, treatment and transmission system, and WHEREAS , the Miami-Dade Water and Sewer Authority Department, hereinafter referred to as the "Department" , which operates under the administration of the Board of County Commissioners , has the authority to develop, treat and provide water service to residents and municipalities of Dade County, and - 1 - WHEREAS, the CITY has requested the COUNTY to continue to provide its total potable water supply, and WHEREAS, the COUNTY is willing to provide the CITY with its total potable water supply; NOW, THEREFORE, in consideration of the covenants and agreements set forth herein to be observed and performed, the parties hereto hereby covenant and agree as follows: SECTION I The foregoing recitals are true and correct. SECTION II GENERAL PURPOSE 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 hereunder, all water necessary to fulfill the water requirements of the CITY during the effective period of this Contract. Potable water obtained by the CITY from the COUNTY may be utilized to serve the CITY' S customers in its existing water service area, including the Town of Surfside, or future water service areas added in accordance with all lawful means. In the event that, despite all reasonable diligence exercised by the COUNTY in developing and maintaining adequate sources of water supply, there should, at any time, be 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 governmental agencies having jurisdiction over such matters or due to any other cause beyond the COUNTY ' S control, - 2 - including but not limited to those specifically set forth in Section XII hereof, the COUNTY shall be deemed to have fully performed its duties and to have discharged its obligations hereunder, if, in such circumstances , it shall furnish and deliver to the CITY, the CITY' S prorata share of such supply as is available, provided, however, that the COUNTY shall give expeditious notice to the CITY whenever the COUNTY becomes aware of conditions which could reasonably lead to an outage or shortage of such potable water supply or which may bring about such condition. In this connection, the COUNTY agrees to use its best efforts and ability to meet the needs of the CITY, as contemplated by this Contract; however , the COUNTY shall not apply preferential treatment to the CITY as compared to all other COUNTY customers or consumers . SECTION III QUALITY OF WATER All water delivered by the COUNTY shall be clean, potable water, meeting all current federal and state regulations relating to the quality of water as such regulations may apply during the life of this Contract. SECTION IV POINTS OF DELIVERY AND METER READINGS 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: 1 . In Normandy Drive approximately 150 feet east of Bay Drive; 2 . In N.E. 15th Street approximately 140 feet west of the U. S. Harbor Line of Biscayne Bay; . - 3 - 3 . In N.E. 13th Street approximately 140 feet west of the U. S. Harbor Line of Biscayne Bay; 4 . In the vicinity of N.E. 36th Street, approximately 200 feet west of the U. S . Harbor Line of Biscayne Bay; and 5 . On Lummus Island at a point located approximately opposite Terminal Island and 500 feet south of the north seawall. Additional points of delivery may be established at such times and places as shall be mutually agreed upon by the parties hereto. 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 to be approved by the COUNTY. The COUNTY will supply and install the meter and retain ownership thereof. The CITY shall convey to the COUNTY, by appropriate Bill of Sale, all of the right, title and interest of the CITY in and to the tees or crosses in the COUNTY' S feeder mains , meter vaults and all piping, valves and appurtenances between and including the aforesaid tees or crosses and the valves immediately on the discharge side of the meters , and the COUNTY shall thenceforth own, control, operate and maintain such facilities . The operation and maintenance of all facilities downstream of said valves shall be the sole responsibility of the CITY. Readings of each meter at all points of delivery shall be taken by the COUNTY on or about the 28th day of each month and shall be used for monthly billing purposes under the provisions of Section VII thereof. . - 4 - SECTION V METERING The COUNTY shall own, operate and maintain metering stations at the points of delivery listed above which will measure all potable water delivered by the COUNTY to the CITY. The metering stations shall be of a design acceptable to both parties. The meters shall be of standard make and type installed in a readily accessible location with checking or calibration devices , and the installation shall indicate flow with an error not to exceed plus or minus two percent of full scale reading (true accuracy) . The Department, at its sole expense , shall check the accuracy of each metering installation once every twelve months , or at such other time intervals as it may deem appropriate. Such checking shall be at a reasonable time , mutually agreeable to the Department and the CITY. If found to be in error exceeding two percent of true accuracy, the meter shall be recalibrated to the satisfaction of the parties hereto. If such error of more than two percent is discovered, bills for the period following the prior meter accuracy check shall be adjusted to reflect the quantity of over-read or under-read exceeding two percent. 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 in accordance with Section VII hereinafter, but the volume used in the billing calculations shall be adjusted as described above. The CITY may request and the COUNTY agrees to perform a meter accuracy check at any reasonable time acceptable to both parties. If the meter is found to be in error exceeding two percent true accuracy, it shall be recalibrated as described above and the entire cost for such checking and recalibration shall be paid for by the COUNTY. In the event the meter is found - 5 - to be within the limits of accuracy described above, the cost for performing the meter accuracy check shall be paid for the. CITY. SECTION VI WATER PRESSURES The water furnished by the COUNTY hereunder shall normally be delivered to the CITY at the points of delivery at a minimum head of one hundred (10 0) feet (43 pounds per square inch (psi) ) , through centrifugal pumps , but the COUNTY shall not be responsible for water hammer in any of the pipelines of the CITY nor shall the COUNTY be responsible for meeting any demands for water other than that which the COUNTY shall be able to supply or furnish. It shall be the obligation and duty of the CITY to carry the water at its own expense from each point of delivery to the place or places of ultimate use and, in so doing, to supply and impart to the water such adequate pressure as may be necessary to provide adequate pressure at all points beyond such point of delivery, in consequence whereof the COUNTY shall not be responsible for insufficient pressure, for either domestic or fire flow service , nor be required to correct any fluctuation in pressure, occurring beyond any such point of delivery. ... SECTION VII RATE AND AMOUNT TO BE PAID MONTHLY BY THE CITY Each month during the effective period of this Contract, the CITY shall pay to the COUNTY a monthly service charge of one thousand five hundred thirty-four dollars ($1 , 534 . 00) , and a consumption billing amount resulting from the multiplication of the total gallonage of water delivered during the previous month by an estimated rate per thousand (1 , 000) gallons , and when applicable, a prorated adjustment pertaining to the prior fiscal year. The metered water utilized by Surfside and the Department' s retail customers on Biscayne, San Marco and Watson - 6 - Islands shall be deducted from the aforesaid total gallonage of water for the purpose of computing the consumption billing amount. The service charge shall be modified October 1 , 1989 and at the beginning of each subsequent Department fiscal year by the same percentage as the percentage change for the same period in the United States Consumers Price Index. The consumption billing rate will represent the actual cost to the COUNTY as described herein. Monthly consumption billings will be based on the initial estimated rate of $0 . 49455 per thousand gallons until the audited financial report for the Department' s current fiscal year ending September 30 , 1989 has been issued. A that time, the actual rate will be determined and compared with the estimated rate. The difference will be applied to total fiscal year 1989 consumption, and any resulting adjustment will be prorated over each monthly billing for the twelve months ending September 30 , 1990 . At the beginning of each fiscal year, a new estimated rate will be computed, based on amounts contained in the Department' s budget for such period as approved by the Dade County Commission. As soon as practicable after the issuance of audited financial statements for each fiscal year during which service was rendered to the CITY, the COUNTY shall determine the actual rate to be charged the CITY, and prepare and submit to the CITY a statement showing the following: 1 . The actual rate applied to the total consumption of the CITY and the resulting actual consumption billing amount for the fiscal year then ended, as determined from actual audited financial information; 2 . The estimated rate that was applied to total consumption of the CITY and the total consumption - 7 - amount that was previously billed based on the estimated rate for the period; and 3 . The amount and payment schedule of any adjustment from estimated to actual consumption billings for the fiscal year then ended. The payment schedule for adjustments shall be applied to all monthly billings for the next following fiscal year. The CITY shall have access , to all accounting and engineering records and other data used by the Department to determine actual and estimated rates and adjustments thereto. Each annual statement shall present all operating and maintenance expenses incurred to provide the service specified in this Contract in substantial conformity with the National Association of Regulatory Utility Commissioners "Uniform System of Accounts for Class A and B Water Utilities" (1984 edition) as follows: 1) Source of supply expenses . 2) Pumping expenses. 3) Water treatment expenses . 4) Transmission expenses . 8) Administrative and general expenses . Distribution costs , Customer Service costs , and Customer Accounting costs will be excluded from the total of operating and maintenance expenses . To determine the amount of administrative and general expenses to be included in the operating and maintenance expenses described in subsection (a) of this Section, the COUNTY shall determine what percentage of the total expenses , excluding administrative and general expenses , incurred by the COUNTY in the operation of its waterworks system during each fiscal year was attributable to the operations described in subsection (a) ; . 8 - shall apply such percentage to all administrative and general expenses incurred by the COUNTY during such year in the operation of its waterworks system; and shall include the amount thus obtained in the operating and maintenance expenses for such year. The actual rate per thousand gallons shall equal the sum of the following: (a) The amount of all operating and maintenance expenses incurred by the COUNTY during the fiscal year in connection with the purchase of treated water and the operation of all property, real and personal , used or held for use for (i) the production of water from wells or other sources of supply; (ii) the pumping, transmission and storage of water prior to treatment; (iii) the treatment of water and all related activities; (iv) the storage of water at water treatment plants or at other sites; (v) the pumping of treated water, either produced or purchased, for the purpose of sending the water from a water treatment plant through any water transmission main leading therefrom; and (vi) the transmission of treated water, either produced or purchased, from water treatment plants , including storage and repumping of such water within the transmission system; divided by the total number of thousands of gallons of treated water available for delivery during such fiscal year to all customers of the Department, including all wholesale and retail customers. This subsection provides for the allocation of all current operating and maintenance expenses except Distribution, Customer Service, and Customer Accounting, to all water available for delivery to the Department' s customers. - 9 - (b) A charge for interest and depreciation in an amount equal to 9 . 46 percent of the average investment of the Department during the fiscal year in (i) all facilities described in subsection (a) of this Section and (ii) all expansions, renewals , improvements and replacements of such facilities carried on the books of the Department, as "Work in Progress - Construction" , divided by the total number of thousands of gallons of water purchased and produced and treated for delivery to customers , both wholesale and retail, during such fiscal year. The investment of the Department in all facilities described in subsection (a) of this Section was approximately $225 million as of June 30 , 1988 . Just prior to the end of each fiscal year after the effective date of this Contract, the COUNTY shall review its charge for interest and depreciation, taking into consideration costs anticipated for interest payments on bonds during the ensuing twelve (12) month period, and the COUNTY reserves the right to adjust the charge for interest and depreciation set forth herein to be paid by the CITY. Both parties to this Contract acknowledge that that initial interest charge stated herein is formulated from and based upon the 6 . 95 percent average interest rate on debt for the Department Water Division facilities for the fiscal year ending September 30 , 1988 . This subsection provides for the allocation of interest and depreciation costs related to capital assets used in all operation and maintenance activities of the Department with the exception of Distribution, Customer Service , and Customer Accounting, to all water available for delivery to the Department' s customers . - 10 - (c) The amount of $0 . 04716 per thousand gallons as the value of the services rendered to the CITY_ by the COUNTY in the use of the COUNTY' S facilities, including distribution facilities, for the delivery of water to the CITY, in the readiness of the COUNTY to meet normal peak demands imposed by the CITY, in the operation, maintenance and reading of meters through which the CITY is supplied, and for other services not reflected by the partial rates developed under subsections (a) and (b) Qf this Section. This rate component shall be modified at the beginning of each Department fiscal year by the same percentage as the percentage change for the same period in the United States Consumers Price Index. The estimated consumption rate per thousand gallons shall equal the sum of (1) an operating and maintenance cost factor computed as in subsection (a) , above, substituting budgeted costs and budgeted production for actual incurred costs and actual production; (2) an interest and depreciation cost factor computed as in subsection (b) , above, substituting budgeted average investments and budged production for actual investments and actual production; and (3) $0 . 04716 (or as subsequently modified) per thousand gallons consumption. Billings for services provided in accordance with this Contract shall be rendered monthly. Invoices will be mailed by certified mail by the tenth day of the month following the month for which service has been provided, based on meter readings taken by Department employees as of the last day of each month. Amounts billed on such invoices are due when rendered. Payments not received by the Department on or before twenty (20) days after the postmark date of the bill shall be considered past due. All past due invoices shall be subject to a late charge of $100 . 00 , such charge to reimburse the Department for costs in - 11 - 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 which specify no interest rate. For purposes of this Section, date of receipt shall be the date of actual receipt by the Department if hand delivered or mailed, or date of transfer to the Department' s bank, if electronic funds transfer is used. Any and all suits to recover unpaid amounts, including billings , late charges and interest, may be instituted and maintained in any court of competant jurisdiction of Dade County, Florida. In all such suits, the prevailing party shall be entitled to receive all costs of collection, including reasonable attorney' s fees , which may be incurred by said party in the prosecution or defense of the suit. 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 charged by privately retained counsel in Dade County for similar services. SECTION VIII MAXIMUM HOURLY DEMAND The CITY shall take water delivered hereunder at a flow rate as nearly uniform as practicably throughout each 24-hour period during December, January, February, March and April of each year and at all such other times when the daily quantity of water delivered hereunder shall exceed eighty (80) percent of the average daily quantity delivered hereunder during the preceding five (5) months set for 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 determine to what extent the maximum 60-minute sustained demand imposed upon the facilities of the COUNTY by the requirements of the CITY - 12 - hereunder between the hours of 8 : 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 Section, the COUNTY shall use a recording flow meter installed at each of the points of delivery provided for in Section IV hereof. Such tests shall apply to each of the five (5) months set forth above and to any other month in which the average daily demand is equal to or greater than the average daily demand for said five (5) months , considered collectively. In the event that the maximum 60-minute sustained demand between the hours of 8 : 00 A.M. and 9 : 00 P.M. as shown simultaneously by all recording flow meters considered collectively, shall exceed one hundred sixty percent (160%) of the average daily demand for and during the same month, the COUNTY shall have the right to increase the rate per thousand (1 ,000) gallons of water, developed in accordance with the provisions of Section VII hereof, for all water delivered hereunder during the month in which such tests are made, by one percent (1%) of said rate for each four percent (4%) or major fraction thereof by which said maximum 60-minute sustained demand shall exceed one hundred sixty percent (160%) of said average daily demand. No increase in rate provided for in this Section shall be applied during any period of time when any of the transmission, storage or pumping facilities of the CITY are not available for service due to reasons beyond the control of the CITY. SECTION IX RATES TO BE CHARGED BY THE CITY The CITY shall establish, impose, maintain and collect, or shall cause to be established, imposed, maintained and collected at all times throughout the effective period hereof, such rates - 13 - and charges for water distributed by it as will enable it to pay in full all amounts to which the COUNTY shall be entitled hereunder. SECTION X EFFECTIVE PERIOD OF CONTRACT This Contract shall be and remain in full force and effect for and during a period of thirty (30) years from and after June 28 , 1989 , which is the date ,of termination of the effective period of the contract under which the COUNTY is currently rendering water service to the CITY. SECTION XI ASSESSMENT OF TAXES PROHIBITED No taxes shall be assessed or collected by the CITY upon the properties of the COUNTY or Department. SECTION XII FORCE MAJEURE Any temporary or continuing cessation of the service by the r w, COUNTY caused by an Act of God, fire, strike, casualty, necessary maintenance work, breakdown of or damages to machinery, pumps or pipelines , civil or military authority, insurrection, riot, or any other cause beyond the COUNTY ' S control, shall not constitute a breach of the Contract on the part of the COUNTY, and the COUNTY shall not be liable to the CITY for any damages resulting from such cessation of service . The COUNTY shall use due diligence in the operation and maintenance of its water supply and transmission facilities . All of the provisions of this Section shall likewise inure to the benefit of the CITY. . - 14 - SECTION XIII INDEMNIFICATION In consideration of good and valuable consideration received from the COUNTY and in consideration of the mutual covenants in this Contract, the CITY agrees to indemnify and save harmless forever, the COUNTY, its officers , agents and employees from all claims, liability, loss, cost and expense, including attorney' s fees , which may be sustained by the COUNTY, its officers , agents , and employees due to, caused by, or arising from the provision of water to the CITY by the COUNTY as contemplated by the terms of this Contract; however, the indemnities herein shall not extend to any negligence on the part of the COUNTY, its officers , agents or employees. In consideration of good and valuable consideration received from the CITY and in consideration of the mutual covenants in this Contract, the COUNTY agrees to indemnify and save harmless forever , the CITY, its officers , agents and employees from all claims , liability, loss , cost and expense, including attorney' s fees , which may be sustained by the CITY, its officers , agents and employees due to, caused by, or arising from the provision of water to the CITY by the COUNTY as contemplated by the terms of this Contract; however, the indemnities herein shall not extend to any negligence on the part of the CITY, its officers , agents or employees. Notwithstanding the above, nothing contained herein shall create any liability of the COUNTY or CITY beyond the scope of Chapter 768 , Florida Statutes currently in effect or as lawfully amended in the future. - 15 -- SECTION XIV CONTRACT BINDING UPON SUCCESSORS This Contract shall inure to and be binding upon the successors of each of the parties hereto, provided, however, that in the event that, at any time during the effective period hereof, the CITY shall sell a portion of its water and sewer systems , the purchaser thereof shall acquire no rights of any kind hereunder unless the COUNTY shall agree thereto in writing prior to the consummation of such sale, but all provisions of this Contract shall continue to be in full force and effect and binding upon both parties hereto with respect to all portions of the water and sewer systems of the CITY not covered by such sale. SECTION XV NOTICES 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 to be given at the following respective addresses : Metropolitan Dade County c/o The Director Miami-Dade Water and Sewer Authority Department _- P.O. Box 330316 Miami, Florida 33233-0316 City of Miami Beach City Manager 1700 Convention Center Drive Miami Beach, Florida 33139 The COUNTY shall allow the CITY thirty (30) days from the date of mailing of notice to correct any default of this Contract except for the obligations of the CITY contained in Section VII herein. - 16 - IN WITNESS WHEREOF, the parties hereto have caused this instrument and an exact duplicate hereof to be executed in their names and their corporate seals affixed hereto and to said duplicate by their respective officers thereunto duly authorized, all as of the day and year hereinbefore first above written. METROPOLITAN DADE COUNTY ATTEST: By: By: (SEAL) Clerk County Manager CITY OF MIAMI BEACH ATTEST: By: By: (SEAL) City Clerk City Manager Approved as to Legal Form and Approved as to Legal Form and Sufficiency: Sufficiency: Assistant County Attorneyttorney for City of Miami Beach ,y7://s-7. - 17 - ORIGINAL RESOLUTION NO. 89-19738 Authorizing the City Manager to execute, on behalf of the City, a contract between Metropolitan Dade County and the City of Miami Beach, Florida to provide for the rendition of water service by the County mom 1[1: 1111111" to the City of Miami Beach for a thirty (30) year term.