HomeMy WebLinkAboutMDC Water Services Contract
1/," 1" 1"0'
, .JJ.j~. ~t.. :::>.Jj
5 ." '\1
: ~ J.:' .v.
MDWASJ SA; z~no p; A\I"\I";~~ Di'I'I";'U"
.... ...... J........L . .I..'''' .. ... ~ .~
~c. j~j"/
1'. chi' "1.....
3- '2,{-ci ;'
'"
" .; '.
f(-3/D -'1S-
.-
CONTRACT
BETWEEN
METROPOLITAN DADE COUNTY
AND
CITY OF MIAMI BEACH, FLORIDA
PROVIDING FOR THE RENDITION OF WATER SERVICE
THIS CONTRACT, made and entered into this
M 4/t.c..tII-
dlJr"
day of
, ~995r by and between Metropolitan Dade
county,' a p;;llitical subdivision of the state of Florida,
hereinafter referred to as the II COUNTY" , and the city of Miami
Beach, a municipal corporation organized and existing under the
laws of the state of Florida, hereinafter referred to as the
"CITY";
,-
~ 1. T H 1: So 1: T Ii:
WHEREAS, on June 24, 1957, the COUNTY and the CITY entered
into a contract providing for the rendition of water service by the
COUNTY to the CITY, and
WHEREAS, said contract has expired and the CITY has requested
the COUNTY to continue to render water service to the CITY, and
WHEREAS,
the Miami-Dade water and Sewer nepartlllent,
hereinafter referred to as the "Department", operates and maintains
the COUNTY'S water system.
/"
. ~br. 12. lSS3 5::32~A 1i.J1'L~~[) ~:\i.L.:~'V rLr.JJlJ,; lJ~".~.;.i~l J.., ';::;~i A,...,'_.
NOW, THEREFORE, in considsration of the ~utual cov.nants and
obligations set forth herain, tha CO~ and CIT~ hereby agree as
/"'.
follovliI:
1. Inaofar as it may ~6 lawful to do so, the COUNTY shall
sell and deli vElr to the CITl:, and the CITY shall purchase and
receive from the COUNTY hereunder, all potable vater necessary to
fulfill the water requir~ents of the CITY during the effective
period of this Contract. potable water obtained by the CITY frOll
the coUNTY ~ay be utilized to serve the CITY'S customers in ita
existinq vater service area or future water service areas which the
CITY is 189'&l1y authorized to serve.
Should alternate water
services become available to the CITY, including potable water
obtained through a desalinization process, the parties hereto shall
meet to d1Gcuss such alternate cervices.
--
2.
Notwithstanding,
it the COUNTY should have an
insufficient supply of "iJater available to fulfill the total
requirements of all customers of the COUNT~t due to prohibitions,
re~trictions, lblitations or requirements of local, state or
federal governments having jurisdiction over such matters or dua to
any other cause beyond the COUNTY I S control includinc:f but not
limited to those specifically set forth in paragraph 20 hereot, the
COUNTY shall be ~aemeQ to have fully performed its duties and to
have discharged its obligations hereunder if it tut'n1shes and
deliVers the CITY'S prorata share o~ such supply as determined by
COUNTY. The COUNTY will not be discrilllinatory in its delivery of
".....,
water serv'ice.
The COUNTY will give expeditious notice to the
CITY whenever the COUNTY becomes aware of conditions which could
2
. ,~l1r, 12. lSS9 5:532:,1
\l ~,,,. <; i\ <; A' '1" I'
iVL.ilH....dJ ~..L~(.JJv P~FJ.\jlN:J 0l1/lj.IJ:1
.~ a, j ~ j ( ;'. ~/ [ :
" .
"
-
reasonably lead to an outage or shortage of such potable water
supplY or which may bring about such condition.
3.
The CITY
agrees to be bound by existing and future
standards, laws, rules and regulations which may be enacted by the
COUNTY or as may be necessary to ensure continued compliance with
Dade county, state and federal laws and regulations and permit
conditions.
4. The water furnished hereunder will be delivered by the
coUNTY, and will be accepted and received by the CITY, at the
following points of delivery, which, in all cases, shall be at the
downstream side of the coUNTY's water meter:
-
a. MacArthur Causeway at Watson Island
b. Venetian Causeway at N.E. 15th street, which point of
delivery is contemplated to be relocated pursuant to the terms
and conditions of a separate agreement between the CITY and
the COUNTY
c. Julia Tuttle Causeway at N.E. 36 street and approximately
N.E. 7 Avenue
d. Normandy Isle at the west end of 71 street and Bay Drive
".....
3
-
,-
'Ip ..' !~;:
. . J .. ~. ~ L. a _ _ _
5: :4?~li
\(;:;'. ..:"\~ ",...:-. .
.fL.JN.'i~~ ~~' ,,~0 J, ~'i\j'\I:: i~l"li' 1'\:
..... .... .... .......& _ ..1 "'... . lJ . U ~~
.'i J, J ~ J(
I'"~
:; c..
,"
".
Additional points of delivery nay be established at such times and
places as shall be mutually agreed by the Director of the
Department and the CITY. The CITY shall bear the entire cost and
expense of establishing each such additional point of delivery,
obtaining such easements as may be needed and furnishing all
necessary labor and materialS, except tne meter, required to
connect with the COu~TyIS main, all in accordance with plans and
specifications which are subject to approval of 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 CITY's right, title and interest in and to the
tees or crosses in the 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.
The COUNTY shall thenceforth owur controlr operate and
maintain such facilities. Readings of eacn 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 Paragraph 11 herein.
5. The CITY agrees and warrants that its water distribution
and transmission system and any extension thereof shall be
constructed, operated and maintained in accordance with the
requirements of all applicable federal, state, county and other
local laws, rules and regulations. The operation and maintenance
"......
of all facilities on the CITY side of the master meter shall be the
4
H l^ lCCJ
Jl~ r, L -.,,, oJ
5:5W,1
~lDW.\S;; SLF~C ;J' :\1'\;11;: DI'/l, 'ill:
...... . ...... .i. .f", 1 V. Vil
II ......,
. O. J::; J ;
-i/'i
-'" :.. ~
'. .
,..
sole responsibility of the CITY. The COUNTY, at no cost to the
CITYr reserves the right to inspect the CITY'S distribution and
transmission system. said inspections shall be made at reasonable
times and upon reasonable notice in such manner as to least disturb
the normal operation of the CITY.
6. In order for the COUNTY to adequately plan for future
water demands, within ninety days following execution of this
contract and on.or before each January 1 thereafter, the CITY shall
submit to the COUNTY the CITY's projected annual water needs for
the next five years. within 120 days of the COUNTY'S receipt of
the CITY's projected annual water needs for the next five years,
the COUNTY will notify the CITY of the COUNTY's ability or
"....
inability to meet said needs, which is subject to local, state and
federal agencies and ather regulatory bodies having jurisdiction
over such matters. The CITY agrees that the COUNTY shall not be
liable or in any way responsible for any casts, claims or losses
incurred by the CITY as a result of actions by regulatory bodies.
In addition, the CITY shall submit a report to the Department
summarizing the amount of water sold to its customers or used by
the CITY.
The report shall be submitted within thirty days
following December 31, March 31, June 30 and September 30 of each
year.
7. The COUNTY shall own, operate and maintain metering
stations at the points of delivery listed above which will measure
r-
5
~I H. 12. 19;; 5 : : 5? if
\I'.:..'"D <:" "'" "
.tJW.'t':J! ~!".:"iI~UV 1'" ,~'r,ji~i-: Li\~:I'~'.('"
...... . .I..... l. ~.;. >J 1\
\. " :~ " .-;
JJ. j~j i
,J /" ,
'. ,L 1
--
all potable water delivered by the COUNT"X 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.
The installation shall indicate flow with an error not to exceed
plUS or minus two percent of full scale reading (true accuracy).
The oepartment, 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 oepartment
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
r-
under-read exceeding two percent.
In calculating such billing
adjus~ent 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 in effect during
the period of meter inaccuracy.
8. The CITY may request and the COUNTY agrees to perform a
meter accuracy check at any reasonable time acceptable to both
parties.
percent trUe accuracy, it shall be recalibrated as described above
and the entire cost for such checking and recalibration shall be
If the meter is found to be in error exceeding t'iiO
-
6
M1f.12.1S99 5::S?)[
\1"' ,.. . "D ' ; Z"" ""
;llJN.,~' "AL ~uO (' A"\;;":' liU;""]"
1,....;,L11.~ J 1.1. t j. ~. ( rl
~o. 3Y~'! t. ~/~l
"
,-
paid for by the COUNTY. If the meter is found performing within
two percent true accuracy, the meter accuracy check shall be paid
for by the CITY.
9. The water furnished by the COuNTY hereunder shall
generallY be delivered to the CITY at the agreed points of
delivery. The COUNTY shall not be responsible for water hallllller in
any of the pipelines of the CITY nor shall the COUNTY be
responsible for meeting any demands for water other than which the
COUNTY shall be able to supplY or furnish.
It shall be the
obligation and duty of the CITY to transmit 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. Accordingly,
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 point of delivery.
-
10. The CITY shall pay to the COUNTY, as compensation for the
.. .- . ..-..". ~-"...'. .:. : .
treatment and transmission of all water delivered to the CITY, a
monthly charge for such service based on a uniform rate for the
COuNTY'S volume customers. The rate shall be calculated for each
Department fiscal year based on projections from the prior
Department fiscal year and based on the sum of the following:
-
7
MH. 12. 1993 5::ml
MDWASD SALZEDO PLA~~lNG DIViSiON
~o. J~jj r. ~n 1
.-
(a) That portion of all budgeted annual operating and
maintenance expenses, including taxes assessed, if any,
for the COUNTY's regional water system divided by the
projected total amount of flow used to bill all the
cOUNTY's water customers over the sa~e time period.
(b) That portion of the budgeted annual renewal and
replace~ent expenses for the COUNTY I S regional water
system divided by the total projected amount of flow used
to bill all the coUNTY water customers over the same time
period.
(c) That portion of the COUNTY'S budgeted annual
interest obligations of outstanding notes and bonds for
the cou~TylS regional water system divided by the
proj ected total amount of flow used to bill all the
COUNTY water customers over the same time period.
(d) That portion of the budgeted annual charge for the
a~ortization of the COUNTY's outstanding notes and bonds
for the COUNTY's regional water system, to be consistent
with the requirements under laW, divided by the total
projected amount of flow used to bill all the COUNTY'S
water customers over the same time period.
(e) That portion of the budgeted annual charge for
customer accounting and service, for the COUNTY'S
regional water system divided by the total projected
amount of flow used to bill all the coUNTY'S water
customers over the same time period.
r
r-
8
l" 1" 'CO^
.. .. t... l... ~ ~
5:56PM
MDWASD SALZKUU PLA~~lN~ U1VI~.U~
~\~J, j~J i
r. . J/ ~;
~
(f) That portion of projected annual adroinistration and
general expenses, for the COUNTY'S regional water system,
divided by the total projected amount of flow used to
bill all the COUNTY's water customers over the same time
period.
(g) A charge for coverage of debt service for various
e~isting and future bond issues that require a coverage
factor. This factor depends on the particular covenant
governing the bond issue and is achieved by generating
sufficient net operating revenues from all customers to
exceed debt service requirements by the percentage
prescribed in the covenant. The projected total flow
component shall be used to obtain the debt service
cove.rage charge on bond issues for regional capital
.-"
improvements.
The water utilized by the TOwn of surfside and the
Department.s retail customers on Biscayne and San Marco Islands is
currently supplied kroUgh the CITY's water facilities. For the
Biscayne Island and San Marco Island shall be deducted from the
the CITY'S bill, the water consumption, as
purpose of
measured by
ent's water meters for the Town of Surtside,
CITY'S total consum tion. It is contemplated that the CITY may
transfer mains which would allow the COUNTY
Town of surfs ide
and and San Marco Island directly and that the
. obtain an alternate source of water. At those
to serve Bisca.yne
".....
9
~IH. l^ ICc'
I.. "" ~
5::6?~1
MDWASiJ S"I Z,I'U 0' "'''11' 'I' ,."
........:J 1...r..t. 1 'J '.1.'" l~lUl~
.'1 a, j ~ J {
r. i 1/ L ~
/"
times, the COUNTY shall modify its billings to the CITY to reflect
those revisions.
The COUNTY may impose a surcharge during certain months to
encourage the conservation of the water resources. The amount of
the surcharge is subject to the revieW' and approval of the Board of
county commissioners.
ll. The COUNTY re5erve~ the right to revise or modify the
rate and method of calculation in accordance with applicable laW'
and the CITY agrees to be bound thereby. The COUNTY will attempt
to provide the CITY with a preliminary rate a minimum of 60 days in
advance of said rate's effective date. The CITY recognizes that
the adopted rate may differ from the preliminary rate.
-
12. The COUNTY hereby grants the CITY the right to audit all
Department records related to the computation of the aforesaid
rates for each fiscal year. upon written notice, the coUNTY shall
make available for 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, and following the COUNTY'S
acceptance of the audit findings, the COUNTY shall make an
adjustment I for that fiscal yearl in the service charges previouslY
paid by the CITY. Said audit must be completed on or before the
---
10
-
~l H. 12. 1 S 9 ; 5 : 5 7 f ~l
~,fD'iiASD S.~.Ll:;;',O p, "'""~I;; ""I".'J'
oJ ... .... ..~.'t ...... '.J ~ .... ~ ~1
.~;. j~~i t. .u~.
r
end of each fiscal year for whicn the rates apply. Adjustments
shall not be made for prior fiscal years.
13. Billings for services provided in accordance with this
contract snall be rendered monthlY. Invoices will be mailed by
the tenth 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 28th day of each month. Amounts billed
on such invoices are due when rendered. 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 shall be subject to a late charge as established by
the coUNTY, such charge to reimburse the Department 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,
r--
until the date of receipt by the Department. For purposes of this
including Saturdaysr Sundays and holidays, from the past due date
paragraph, date of receipt shall be the date of actual receipt by
the Department if h~~d delivered or mailed, or date of transfer to
the Department's bank, if electronic funds transfer is used.
,"'"
14. Any and all suits brought by the cOUNTY to recover unpaid
amounts, including billings, late charges and interest, may be
instituted and maintained by Dade County in any court of competent
11
Mar. 12, IS93
5::7P11
MJii.:'SD s~!Z';,no pI ~\i~;\i': DI"/" IJ"
........... . ........ .. .. ! v. n
~., " Q '<,'
. "'. "'.... v I
~ 3/(
,-
jurisdiction in Dade county, Florida. In all such suits, should
the COUNTY prevail, it shall be entitled to receive all costs of
collection, including reasonable attorney's fees. The amount of
such costs and fees shall be determined by the court in which such
actions are brought. The attorney's fees shall be equal to those
reasonable fees customarily paid to COUNTY's attorneys in the form
of salary and related salary and indirect costs with this total
compensation not to exceed fees customarily charged by privately
retained'counsel in Dade county for similar services.
15. The CITY shall accept delivery of water transmitted
-
hereunder at a flow rate as nearly uniform as practical throughout
each daily 24-hour period during December, January, February,
March, April and May of each year and at all such other times when
the daily quantity of water delivered hereunder shall exceed the
average daily quantity delivered hereunder during the preceding six
make such tests as it shall deem necessary, and at such times as it
(6) months set forth above. The COUNTY shall have the right to
shall deem to be appropriate, to detemine to what extent the
maximum 50-minute sustained demand imposed upon the facilities of
the COUNTY by the requirements of the CITY hereunder between the
hours of 6:00 A.M. and 9:00 P.M. is exceeding the average daily
demand for the same month. For the purpose of making each such
test and of ascertaining and utilizing the result thereof to give
effect to the provisions of this paragraph, the COUNTY shall use a
recording flow meter installed at each of the points of delivery
,-....
12
Mar, [I, .ic9Q 5'h7"l
~ ___ ." P,l
1lV""~ SA' ""'
I 0W^~0 .L~~UO PLA~~:NG DIVIS:ON
:~o. 3937
D , ij'2',
~ . . -= .
"
r
provided for in Paragraph 5 hereof. such tests shall apply to
each of the six (6) 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 six (6) months, considered
collectivelY,
16. In the evant that the maximUlI\. 60-minute sustained demand
between the hours of 6:00 A.M. and 9:00 P.M. as shown
simultaneously . by
all recording
flow meters
considered
-,
~ reduction occurs, the CO~~TY shall have the right to increase the
collectively, shall exceed one hundred sixty percent (160%) of the
average daily demand for the same month, the COUNTY shall notify
the CITY in writing providing the CITY ten (10) dayS to reduce the
demand to less than 16M; of the average daily demand. If no such
rate per thousand (1,000) gallons of water, for all water delivered
hereunder during the month in which such test is made, by one
percent (1%) of said rate for each four percent (4%) or major
fraction thereof by which said maximum Go-minute sustained demand
shall exceed one hundred sixty percent (160%) of said average daily
demand. ' No increase in rate provided for in thi? para~aph shall
be applied during any period of time when any of the transmissicn,
storage or pumping facilities of the CITY are not available for
service due to reasons beyond the control of the CITY such as water
main breaks and fires. In addition, said increase in rate Shall
1
not apply due to the CITY's operat1on of its storage tanks provided
the Department approves said operation.
,"-'"
-'
13
Mn. 12, lS9d 5: ~d~~l
MDWASJ SALZEDC PL'UUIU~ Di\/I~'0~
r..L~ pL.. l. ~ u ~ :J~i
\'., 3;; ';"
.I J, v v I
( ~ :/2;
-
17. 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 and
chargeS for water distributed as will enable it to pay in full all
amounts to which the COUNTY shall be entitled hereunder.
18. No property taxes shall be levied or collected by the
CITY upon the properties of the COUNTY or Department.
19. Any cessation of ~ater services and any consequences
therefrom caused by force majeure, inevitable accident or
occurrence or cause beyond the reasonable control of the COUNTY,
shall not constitute a breach of this contract on the part of the
COUNTY and the COUNTY shall not be liable to the CITY or its
inhabitants or customers for any damage resulting from such
cessation or interruption of water service. As used herein, force
-.
majeure shall mean an act of God which includes but is not limited
to sudden, unexpected or extraordinary forces of nature such as
floods,
washouts,
storms,
fires,
earthquakes,
landslides,
epidemics, explosions 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
public enemies, insurrections, riots, federal, state, county and
local governmental restrictions, regulations and restraints,
,-..
14
Mar. 12. 1999
5'hQPll
''oJ'' 111
MDWASD SALz;no pI j~~li~~ n'l!l;~:I"~
...... L ...1"..1. ..1", U l... ~ Ull
~J. 3937
P . -/ '0.
. . ILl
r-
charges. The CITY shall not render water service, sewer service or
both to any new retail user until either the COUNTY's connection
charges are paid to the CITY or a written receipt from the
Department is provided to the CITY.
21. In consideration of good and valuable consideration
received from COUNTY and in consideration of the covenants in this
contract, the CITY agrees to indemnify and save harmlesS forever,
the COUNTY, its officers, agents and employees from all claims,
liability, actions, 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 negligence of
the CITY, its officers, employees and agents in connection with the
r-,.
performance of this Contact.
The CITY agrees to defend against
any claims brought or actions filed against the COUNTY, its
officers, agents and employees in connection ~ith the subject of
the indemnities contained herein.
22. In consideraticm 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
BWployees due to, caused by, or arising from the negligence of the
COUNTY in the performance of this contract. The COUNTY agrees to
-..
16
Mar. 12. 1999 5:59PM
MDWASD SALZEDO PLANNING DIVISION
No. 3937 P. 19/21
,....
Metropolitan Dade County
c/o The Director
Miami-Dade Water and Sewer Department
4200 salzedo street
coral Gables, Florida 33146
city of Miami Beach
city Manager
1700 convention center
Miami Beach, Florida
Drive
33139
instrument to ,be executed in their names and their corporate seals
affixed hereto and to said duplicate by their respective officers
IN WITNESS WHEREOF, the parties hereto have caused this
theJ:eunto duly authorized, all as of the day and year hereinbefore
first above written.
..~~;:~~~~<~~t
-
,
r-
18
Mat 1~ 1999 6:00PM
MDWASD SALZEDO PLANNING DIVISION
IT 3 q~o
1\ O. ,j I
P. 2J/21
. .
J-.
ATTEST:
ATTEST:
By:j(l~ z:.~
city Clerk l!Ly{<iS
,-
Approved as to form and legal
sufficiency:
J" I~
Assistant County Attorney
.--
METROPOLITAN DADE COUNTY
By:
SEAL)
Approved as to
sufficiency:
and legal
Attorney for C ty of Miami Beach
19
-~- -