Miami Dade County Rendition of Water Services Contract
CONTRACT
BETWEEN
MIAMI-DADS COUNTY
AND
CITY OF MIAMI BEACH, FLORIDA
PROVIDING FOR THE RENDITION OF WATER SERVICE
THI CONTRACT, made and entered into this (~ ~ day
of ,2008, between Miami-Dade County, a political
subdi isi of the State of Florida, referred to as the "COUNTY"
and t e C' y of Miami Beach, a municipal corporation organized and
existing under the laws of the State of Florida, referred to as the
"CITY ".
W I T N E S S E T H:
WHEREAS, on March 21, 1995, the COUNTY and the CITY entered
into a Contract providing for the rendition of water service by the
COUNTY to the CITY, and
WHEREAS, on April 26, 2000, the COUNTY and the CITY entered
into Addendum Number One to extend the contract, and
WHEREAS, on May 10, 2006, the COUNTY and the South Florida
Water Management District(SFWMD) entered into a contract which
requires the COUNTY to obtain twenty (20) year water service
contracts with its volume water customers to coincide with the
request of the COUNTY for twenty (20) year Consumptive Use Permits
issued by the South Florida Water Management District, and
WHEREAS, on November 15, 2007, the COUNTY was granted a 20-
year Water Use Permit which requires that within six months, the
COUNTY and the CITY execute a contract for water and sewer services
which must be submitted to the DISTRICT.
WHEREAS, without a twenty (20) year contract with the CITY,
the water supply source for the CITY, may be allocated from an
alternative more expensive source for the CITY, and
WHEREAS, the COUNTY and the CITY desire to enter into this
Contract so the COUNTY can continue to render water service to the
CITY for a twenty (20)year period, and
City of Miami Beach
Water Service Contract
1
WHEREAS, the Miami-Dade Water and Sewer Department, referred
to as the "Department", operates and maintains the COUNTY's water
system.
NOW, THEREFORE, in consideration of the mutual covenants and
obligations set forth, the COUNTY and CITY agree as follows:
1. Insofar as it may be lawful to do so in accordance with
the terms and conditions of any Consumptive Use Permit issued to
the COUNTY by the SFWMD, and pursuant to the terms herein, the
COUNTY shall sell and deliver to the CITY, and the CITY shall
purchase and receive from the COUNTY potable 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 or future water service area(s) that
the CITY is legally authorized to serve.
2. Notwithstanding the obligations of Paragraph 1 above, if
the COUNTY should have an insufficient supply of water available to
fulfill the total requirements of all customers of the COUNTY due
to prohibitions, restrictions, limitations or requirements of
local, state or federal governments having jurisdiction over such
matters or due to any other cause beyond the COUNTY's control
including but not limited to those specifically set forth in
Paragraph 21 below, the COUNTY shall be deemed to have fully
performed its duties and to have discharged its obligations if it
furnishes and delivers the CITY 's pro rata share based on the
percent of the total COUNTY water supply consumed by the CITY.
The COUNTY will not be discriminatory in its delivery of water
service. 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.
3. The CITY agrees to be bound by existing and future
standards, laws, rules and regulations which may be necessary and
reasonable that may be enacted by the COUNTY or as may be necessary
to ensure continued compliance with local, state and federal laws
and regulations and permit conditions.
City of Miami Beach
Water Service Contract
2
4. The water furnished will be delivered by the COUNTY and
will be accepted and received by the CITY at the following points
of delivery:
a. MacArthur Causeway Watson Island
b. Venetian Causeway San Marco Island
c. Julia Tuttle Causeway NE 36 Street
d. Normandy Isle 71 Street West Bay Drive
e. 87 Street Byron Avenue (with approval of all affected
cities, future location for bi-directional emergency
interconnection)
Additional points of delivery may 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 required to connect with the COUNTY's
main, all in accordance with plans and specifications which are
subject to approval of the COUNTY, Which approval shall not be
unreasonably withheld or delayed In the event an additional point
of delivery is outside of the jurisdictional limits of the CITY,
the COUNTY agrees to assist with obtaining easements or such other
project elements as may be beyond the CITY's ability to secure,
such costs to be borne by the CITY. The CITY will supply and
install meter(s) and transfer ownership to the COUNTY. The CITY
shall convey to the COUNTY, by appropriate bill of sale, as shown
on Exhibit "A" attached hereto, and Grants of Easements, all of the
CITY's right, title and interest in and to the tees or crosses in
the feeder mains, meters, meter vaults and all piping, valves and
appurtenances between and including the afore-said tees or crosses
and the valve immediately on the discharge side of the meters. The
COUNTY shall thenceforth own, control, operate and maintain such
facilities. 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
Paragraph 11 below.
The COUNTY provides water service to 601 N.E. 36th Street after
the point of delivery to the CITY at N.E. 36th Street. Therefore,
the consumption of water that registers on the water meters for
that address shall be deducted from the COUNTY's invoice to the
CITY and appropriate billing/consumption data will be provided to
the CITY substantiating the billing amount.
5. The Parties agree and warrant that their respective water
distribution and transmission system and any extensions shall be
City of Miami Beach
Water Service Contract
3
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 meters shall be the
responsibility of the CITY. Upon reasonable notice that the CITY
is in violation of this Agreement, the CITY shall provide the
COUNTY with access to the CITY's distribution and transmission
system to review and inspect. 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. Such inspection
results shall be promptly communicated to the CITY.
6. In order for the COUNTY to adequately plan for future
water demands, within 90 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
such needs, which is subject to local, state and federal agencies
and regulatory bodies, including Department of Environmental
Resources Management, jurisdiction over such matters. The City
agrees that the COUNTY shall not be liable or in any way
responsible for any cost, claims or losses incurred by the CITY as
a result of actions by regulatory bodies.
7. 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 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 Department, at its sole expense, shall check the accuracy of
each metering installation once every six months or at such other
time intervals as it may deem appropriate. The Department shall
provide the results of the checking to the City's Public Works
Director no later than thirty (30) days after the meter is checked.
Such checking shall be at a reasonable time, mutually agreeable to
the Department and the CITY. If found to be in error exceeding two
(2) percent of true accuracy, the meter shall be recalibrated to
the satisfaction of the parties. If such error of more than two
(2) percent is discovered, bills for the periods following the
prior meter accuracy check shall be adjusted to reflect the
quantity of over-read or under-read exceeding two (2) percent. In
City of Miami Beach
Water Service Contract
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calculating such billing adjustment it will be assumed that the
meter inaccuracy existed for the entire time interval between meter
accuracy tests. 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 test 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 testing and recalibration shall be
paid for by the COUNTY. If the meter is found performing within
two (2) percent true accuracy, the meter accuracy test shall be
paid for by the CITY within thirty (30) days of receiving the
COUNTY'S invoice.
9. In the event of complete or partial failure of any meters
to register the CITY'S water consumption, the COUNTY and the CITY
shall mutually agree upon a method to establish consumption based
on historic meter readings when the meter(s) operated properly. To
the extent possible, the COUNTY shall repair all failed meters
within thirty (30) days of the determination that the meter has
completely or .partially failed.
10. 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 and flow as may be
necessary to provide adequate pressure at all points beyond such
points of delivery. The daily flows to be delivered to the City
through the water transmissions mains located in the MacArthur,
Venetian, Julia Tuttle Causeways and Normandy Isle 71St Street/West
Bay Drive shall be at pressures in the range of 50-55 psig. In the
event that the pressure on the COUNTY'S point of delivery drops to
the low pressure telemetry alarm level setting of 40 psig, the
COUNTY shall immediately notify the City Police, Public Works and
Fire Departments of such low pressure alarm condition. The COUNTY
shall provide at least a 72 hour notice before any planned decrease
in pressure which would affect the City's ability to deliver water
services to any of its customer. The COUNTY agrees to assist with
the emergency flow conditions to the extent possible.
11. 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
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Water Service Contract
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Department fiscal year and based on the sum of the following:
(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 same time period.
(b) That portion of the budgeted annual renewal and
replacement expenses for the COUNTY'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
COUNTY's regional water system divided by the projected
total amount of flow used to bill all the COUNTY water
customers over the same time period.
(d) That portion of the budgeted annual charge for the
amortization 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.
(f) That portion of projected annual administration 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) That portion of the charge for debt service coverage
requirement for bond issues 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.
12. The CITY shall comply with COUNTY Ordinance No. 06-177.
The COUNTY may impose a surcharge on the use of such amounts of
water by the CITY as could be conserved by the CITY through the
implementation of a conservation plan, provided that the surcharge
is applied uniformly to all customers of COUNTY. The COUNTY will
attempt to provide the CITY with a preliminary surcharge rate a
minimum of six (6) weeks prior to the adoption of a surcharge. The
City of Miami Beach
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amount of the surcharge is subject to the review and approval of
the Board of County Commissioners. Water conservation is
necessary to meet the public water supply demands of the COUNTY.
Funds collected through a surcharge will be maintained by the
COUNTY as a designated Water Conservation Fund and those surcharge
funds collected from the CITY will be applied specifically to water
conservation efforts and programs in the CITY up to the amount
collected from the CITY, in addition to any other Countywide
conservation programs being undertaken by the COUNTY.
13. The CITY recognizes that the County intends to implement
a peak flow rate structure. If imposed, such rate shall also be
equally imposed on all water customers, both retail and wholesale.
Such rate shall be imposed only after completion of an analysis and
review process that is completed in partnership with the CITY. Any
peak flow rate charge imposed shall be identified specifically on
all water use bills.
14. The COUNTY grants the CITY the right to audit all
Department records related to the computation of the rates for each
fiscal year. Upon written notice, the COUNTY shall make available
for the CITY such 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 the amount paid by the CITY
determined as a result of the audit, the COUNTY shall make the
necessary adjustments, as mutually agreed upon, in subsequent
billings to the CITY to correct any identified discrepancies. The
audit must be completed on or before the end of each fiscal year
for which the rates apply. Adjustments shall not be made for prior
fiscal years.
15. Billings for services provided in accordance with this
contract shall 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. In the event the CITY
disputes a bill, the CITY shall provide the COUNTY with notice of
the reasons for non-payment within thirty (30) days of receipt of
the bill and shall escrow such portion of the bill that is disputed
in an interest-bearing account. The parties shall promptly meet
and use good faith efforts to resolve the dispute within forty-five
(45) days of the notice. Except for any portion of a bill disputed
by the CITY, payments not received by the Department on or before
City of Miami Beach
Water Service Contract
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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, including Saturdays, Sundays and
holidays, from the past due date until the date of receipt by the
Department. For purposes of this paragraph, 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.
16. 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.
17. The CITY shall accept delivery of water transmitted 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 shall exceed the average daily quantity
delivered during the preceding six (6) months set forth above. The
COUNTY shall have the right to make tests as it shall deem
reasonably necessary, and at such times as reasonably deemed 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 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 to give effect to the
provisions of this Paragraph, the COUNTY shall use a recording flow
meter or Supervisory Control and Data Acquisition (SCADA) installed
at each of the points of delivery provided for in Paragraph 4
above.
18. In the event that the maximum 60-minute sustained demand
between the hours of 6:00 am and 9:00 pm as shown simultaneously on
all recording flow meters or SCADA considered collectively-shall
exceed one hundred sixty (160) percent of the average daily demand
for the same month, the COUNTY shall notify the CITY in writing
providing the CITY with ten (10) days to reduce the demand to less
than one hundred sixty (160) percent of the average daily demand.
City of Miami Beach
Water Service Contract
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If no such reduction occurs, the COUNTY shall have the right to
increase the rate per thousand (1,000) gallons of water, for all
water delivered during the month in which such test is made, by one
(1) percent of the rate for each four (4) percent or major fraction
thereof (2.5) percent by which the maximum 60-minute sustained
demand shall exceed one hundred sixty (160) percent of the average
daily demand. No increase in rate provided for in this paragraph
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
such as water main breaks, major emergencies/scheduled maintenance
at the water plant or fires.
19. To the extent no property taxes are charged to the County
on other properties of the Regional System located in the CITY, no
property taxes shall be levied or collected by the CITY upon the
properties of the Department.
20. Any cessation of water services and any consequences
caused by force majeure, inevitable accident or occurrence or cause
beyond the reasonable control of either Party, shall not constitute
a breach of this Contract and neither party shall be liable to the
other or its inhabitants or customers for any damage resulting from
such cessation or interruption of water service. Force. majeure
shall mean an act of God which includes but. is not limited to
sudden, unexpected or extraordinary forces of nature :such. as
floods, washouts, storms, fires, earthquakes, landslides,
hurricanes, epidemics, explosions or other forces of .nature,
strikes, lockouts, other industrial disturbances, wars, blockades,
acts of terrorism, insurrections, riots, federal,- state,
governmental. restrictions, regulations and restraints, military
action, civil disturbances, or conditions in federal, or state
permits.
Neither party shall be liable for its failure to carry out its
obligations under the contract during a period when such party is
rendered unable, in whole or in part, by force majeure or
inevitable accidents or occurrences to carry out such obligations,
but the obligations of the party or parties relying on such force
majeure shall be suspended only during the continuance of any
inability so caused and for no longer period of an unexpected or
uncontrollable event, and such cause shall, so far as possible, be
remedied with all reasonable dispatch. It is further agreed and
stipulated that the right of any party to excuse its failure to
perform by reason of force majeure shall be conditioned upon such
City of Miami Beach
Water Service Conri•act
9
party giving, to the other party written notice of its assertion
that a force majeure delay has commenced within ten (10) working
days after such commencement, unless there exists good cause for
failure to give such notice, in which event, failure to give such
notice shall not prejudice any party's right to justify any non-
performance as caused by force majeure unless the failure to give
timely notice causes material prejudice to the other party.
21. In accordance with the provision of County Ordinance No.
89-95, as amended, the CITY shall not render water service, sewer
service or both to any new retail user until a written receipt from
the Department is provided to the CITY and said connection charges
shall be due prior to the issuance of a building permit. In the
event that the CITY provides water or sewer service, or both, to
any new retail user without first ensuring that connection charges
are paid, the CITY shall be liable for damages to the COUNTY in the
amount of the connection charges owed by the retail user.
22. In consideration of good and valuable consideration
received from the COUNTY and in consideration of the covenants in
this Contract, the CITY, to the extent permitted by law, 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, it officers, agents, and employees due to, caused
by, or arising from the negligence of the CITY its officers,
employees and agents in connection with the performance of this
Contract. The CITY agrees to defend against any claims brought or
actions filed against the COUNTY, its officers, agents: .and
employees in connection with the subject of the indemnities
contained herein.
23. In consideration of good and valuable consideration
received from the CITY and in consideration of the covenants in
this Contract, the COUNTY, to the extent permitted by law, agrees
to indemnify and save harmless forever, the CITY its officers,
agents and employees from all claims, liability, actions, loss,
cost and expense, including attorney's fees, which may be sustained
by the CITY it officers, agents, and employees due to, caused by,
or arising from the negligence of the COUNTY, its officers,
employees and agents in connection with the performance of this
Contract. The COUNTY agrees to defend against any claims brought
or actions filed against the CITY its officers, agents and
employees in connection with the subject of the indemnities
contained herein.
City of Miami Beach
Water Service Contract
10
24. Notwithstanding the above, nothing shall create any
liability of the COUNTY or CITY beyond the scope of Section 768.28
Florida Statutes, as currently in effect or as lawfully amended in
the future.
25. No rights pursuant to this contract shall be assignable
by the CITY unless the COUNTY agrees in writing.
26. This Contract shall be and remain in full force and
effect for a period of twenty (20) years from the date of execution
of this Contract. The CITY shall comply with the terms and
conditions of the Permit issued by the District on November 15,
2007 and any revisions or modifications to such permit. Where the
Permit requires reporting of various measures to the SFWMD, or
requires actions be taken to the satisfaction of the SFWMD, the
CITY shall make such reports or take such actions to the
satisfaction of the COUNTY. The COUNTY may enforce any Permit term
imposed by the SFWMD on the COUNTY against the CITY without need
for prior legal or administrative action against the COUNTY by the
SFWMD. In the event that the CITY is able to develop a feasible
source and .supply of water, .different from those resources
available from the COUNTY, it is recognized and agreed that the
pursuit of .such source and supply inures to the mutual benefit of
the CITY and the COUNTY and that this agreement can and would be
altered to reflect the availability of such sources and supply to
the extent terms can be reached that are agreeable to both
parties.
27. The CITY grants to the COUNTY the right to provide reuse
water for non-drinking purposes, when and only if necessary
infrastructure exists within the CITY, subject to federal, state
and local laws and regulations in effect and as may be amended in
the future, subject to the issuance of construction permits by the
CITY and upon the CITY's engineer giving approval in writing which
shall not be unreasonably withheld. The CITY agrees to accept and
utilize re-use water in lieu of potable water, if such water is
provided by the COUNTY, to the extent the use for which the COUNTY
is offering such re-use water is permitted by law. Notwithstanding
the foregoing, the City currently has no infrastructure to accept
reuse water nor has any plans to install such infrastructure.
City of Miami Beach
Water Service Contract
11
28. 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:
Miami-Dade County
c/o The Director
Miami-Dade Water and Sewer Department
3071 SW 38 Avenue
Miami Florida 33146
City of Miami Beach
City Manager
1700 Convention Center Drive
Miami Beach, Florida 33139
29. This contract shall be governed by and construed
according to the laws of the State of Florida, and venue shall be
in Miami-Dade County, .Florida.
30. This Contract contains the entire Contract of the parties
with respect to the subject matter and replaces and supersedes
all prior contracts or understandings, .oral or written, with
respect to such subject matter, and such contracts or
understandings are now void and no longer in effect.
31. If any Section of this Contract is found to be null and
void, the other Sections shall remain in full force and effect
unless such remaining Sections are directly impacted by the invalid
Section.
City of Miami Beach
Water Service Contract
12
IN WITNESS WHEREOF, the parties have caused this instrument to
be executed in their names and their corporate seals affixed and to
all duplicates by their respective officers all as of the day and
year above.
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Approved as to form and legal
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As istant Co my A torney
City of Miami Beach
Water Service Contract
M:
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CITY OF MIAMI BEACH
(SEAL)
By : .~ (SEAL )
~ C~ayor
Approved as to fcyFm:
Attorney f,,6r City of Miami Beach
APPROVED AS TO
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KNOW ALL MEN BY THESE RE~~, That the City of Miami Beach, a mtmicipai
corporation organized and existing a the law. of the State of Florida, hereinafter called
GRAI~TTOR, for and in consideration o of Ten Dollars ($10.00)) and other good and
vahlable~ consideration, paid and delivered by Miami-Dade County, a political subdivision of the
State of Florida, hereinafter called GRANTEE, the receipt whereof is hereby acknowledged.. has
granted, bargained.. sold.. transferred and d fiver ,and by these presents does grant, bargain_ sell,
transfer and deliver Lulto~the GRANTEE, i~s~•ce sors and assigns, thatportion ofthe GRANTOR's
water facilities installed to provide an ag'~ditioi~al p int of coiulection located at Street
and Avenue in Miami-Da
The GRANTOR hereby assigns and transfers to tile, GRANTEE all of its rights, title and
interest to the following:
a. Any and all rigilts_ licenses is p mi s from the Department of the Army Corps of
Engnieers and State of id e meat of Enviromllental Regulation issued to
the CITY in connection with the construction of the water facilities.
b. Any and all other rights. interest. easements. licenses and permits issued or granted
b~% x111' Other ROVerlllllell~al allth~rlt~; , ~er5011. Ililll Or COrpOrahOn ll? COn?lectlOn ~'~'Ith
the eater facilities conv~ved ate G,t'tANTEF. hereunder.
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TO HAVE AND TO HOLD t~iie~~l7e untc the GRANTEE. its successors and assigns
forever. GRANTOR does covenant to and with the GRANTEE. its successrn-s and assigns, that
GRANTOR is the lawful owner of the above described; that said property is free from all
encumbrances; that GRANTOR has g od r~ght to sell the same aforesaid: that GRANTOR will
warrant and defend the sale of the said property unto the GRANTEE. its successors and assigns.
against the lawfid claims and demands of al ~ ~ whomsoever.
IN WiTHNESS WHEREOF, the GRANTOR has hereunto set its hand and seal
this day of .2008.
ATTEST: F MLAMI BEACH
City Clerk Mayor
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MIAMFDiADE
,*Vlemorandum m~
Date: July 17, 2008
To: Honorable Chairman Bruno A. Barreiro and Members, Agenda Item No. 8(R)(I)(B)
Board of County Commissioners
From: George M. Burgess ~ Resolution loo. R-849-08
County Manager
Subject: Resolution appr g a contract be een Miami-Dade County and the City of Miami
Beach for the provision of water service
RECOMMENDATION
It is recommended that the Board of County Commissioners adopt the attached resolution authorizing
the execution of a contract between Miami-Dade County and the City of Miami Beach for the provision
of water service by the Miami-Dade Water and Sewer Department (WASD) to the City fora 20-year
period to coincide with the County's 20-Year Water Use Permit issued by the South Florida Water
Management District. This contract was approved by the City Commission on May 14, 2008.
SCOPE OF AGENDA ITEM
The contract requires WASD to provide water service to the City, located in Commission Districts 4 and
5, fora 20-year period.
FISCAL IMPACT/FUNDING SOURCE
The wholesale water revenue received by WASD from the City of Miami Beach in FY 2007 was
$8,723,740. The revenue from all wholesale water customers is approximately $27 million annually.
TRACK RECORD/MONITOR
WASD's Intergovernmental Affairs Manager will monitor the agreement.
BACKGROUND
The City of Miami Beach and the County entered into a contract for the provision of water service to the
City of Miami Beach on March 21, 1995. The contract was for afive-year term until March 21, 2000.
Addendum Number One, approved by the Board on April 26, 2000, extended the contract to January 31,
2004.
Pursuant to the terms and conditions of the Miami-Dade County Interim Consumptive Use Authorization
and Agreement established with the District, the County is required to obtain 20-year water service
contracts with its wholesale water customers to coincide with the County's request fora 20-Year Water
Use Permit issued on November 15, 2007. In order to comply with the conditions of the permit, the
County has committed to a capital program which entails the design and construction of additional water
facilities, alternative water supplies, reclaimed water projects and conservation projects to meet the
future demands of the County and its wholesale customers for the next twenty years.
To date, the other 13 wholesale customers have entered into contracts with the County except for the
Cities of Miami Beach and Hialeah. Both contracts are concurrently before the Board for approval.
Several provisions of the contract with the City of Miami Beach differ from the County's other wholesale
water contracts because the City of Miami Beach specifically requested clarification or addition of
several provisions. After many negotiating sessions, this version of the contract addresses both County
and City concerns, and it satisfies the requirements of the 20-Year Water Use Permit issued by the
District. These provisions are detailed below:
Honorable Chairman Bruno A. Barreiro and Members,
Board of County Commissioners
Page 3
following language was deleted from this contract: "The amount of such costs and fees shall be
determined by the court in which such actions are brought."
• The County has the right to test the extent to which 60-minutes of sustained demand imposed on the
County's water facilities exceeds the average daily demand. These tests will be performed using
flow meters. In this contract, these tests may be performed using flow meters and/or Supervisory
Control and Data Acquisition equipment.
• The following language was deleted from this contract: "Additionally, the City shall not impose any
zoning changes upon the properties of the Department.
• Any cessation of water services and any consequences caused by Force Majeure shall not
constitute a breach of the County's water service contract with wholesale customers. Force Majeure
includes federal, state, governmental restrictions, regulations and restraints, or conditions in federal,
state, county and local permits. In this contract, the terms "county and local permits" were deleted.
• This contract shall be in effect fora 20-year period to coincide with the 20-Year Water Use Permit.
In the event the City is able to develop a feasible source and supply of water, different from those
resources available from the County, it is agreed that this contract will be altered to reflect the
availability of such sources and supply on terms agreeable to both parties.
• The City of Miami Beach grants the right to the County to provide reuse water if the necessary
infrastructure exists within the City. The City currently has no infrastructure to accept reuse water nor
has any plans to install such infrastructure.
• In this contract ,the following language was deleted: "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 such rates and charges for water distributed as will enable it to pay in full all
amounts to which the County shall be entitled"
The County engaged in lengthy negotiations with the City of Miami Beach to reach mutually acceptable
contract terms and conditions as the execution of this contract is a condition of the County's 20-Year Water
Use Permit with the District. This contract is consistent with the requirements of the 20-Year Water Use
Permit and confirms the County's intention to provide water services to the City of Miami Beach and the
City's intention to compensate the County for the full cost of those services. The contract supports the
County's position in terms of securing the funds needed to implement the 20-year capital plan.
istant C my Manager
Approved Mayor
Veto
Override
Agenda Item No. 8(R) (1) (B)
7-17-08
RESOLUTION NO. R-849-08
RESOLUTION APPROVING EXECUTION OF A CONTRACT
WITH THE CITY OF MIAMI BEACH FOR THE PROVISION OF
WATER SERVICE BY THE COUNTY TO THE CITY
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADS COUNTY, FLORIDA, that this Board hereby approves
the execution of the contract between the County and the. City of Miami Beach for the provision
of water service by the County to the City in substantially the form attached hereto and made a part
hereof; and authorizes the County Mayor or his designee to execute same for and on behalf of
Miami-Dade County, Florida.
The foregoing resolution was offered by Commissioner Joe A. Martinez ,
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Carlos A. Gimenez
Miami-Dade Water and Sewer Department
P. O. Box 330316 • 3071 SW 38th Avenue
M I AM I•DADE Miami, Florida 33233-0316
T 305-665-7471
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Business °evclopment Mr. Robert C. Middaugh
Capital Improvements Construction Coordination
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A$sistant City Manager
Independent Transportation Trust
Citizens
Cit
of Miami Beach
commission on Ethics and Public Trust y
Communications 1700 Convention Center Drive
community Action Agency Miami Beach, Fl. 33139
Community ~ Economic Development
Community Relations
Re: 20 Year Wholesale Water Service Contract
Consumer Services
Corrections & Rehabilitation
cultural Affairs Dear Mr. Middaugh:
Elections
Emergency Management Enclosed is a copy of the fully executed copy of the 20 Year Wholesale Water
Employee Relations Contract between Miami-Dade County and the City of Miami Beach along
Empowerment Trust
with a copy of County Resolution No
849-08
Pursuant to Section 6 of the
Enterpdse Technology Services .
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Environmental Resources Management Contract, please forward the City's projected annual water needs for the next
Fair Employment Pm< ices five years to Miami-Dade Water and Sewer Department by October 29
2008.
Finance ,
Please submit this information to my attention at 3071 S.W. 38t" Avenue,
Fire Rescue Suite 435, Miami, Florida, 33146.
General Services Administration
Historic Preservation
Homeless Trust Sincerely, '
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Water & Sewer