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HomeMy Public PortalAbout15-9036 ENTER INTO AN AGREEMENT W/MDC FOR SEWAGE DISPOSAL SERVICES Sponsored by: City Manager RESOLUTION NO.15-9036 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI- DADE COUNTY FOR SEWAGE DISPOSAL SERVICES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City has for many years contracts with Miami- Dade County for Sewage disposal services; and WHEREAS,The current contracts has expired; and WHEREAS,The City wishes to renew the contract for an additional twenty years. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into an Agreement with Miami-Dade County for the County to continue performing sewage disposal services under terms and conditions reflected in Exhibit "A" to this Resolution. PASSED AND ADOPTED this 22nd day of July, 2015. YRA TA OR MAYOR Resolution No. 15-9036 Attest to: Approved as to form and legal sufficiency: w Joa a Flores Vincent T. Brown, Esq. Cit Clerk BROWN LAW GROUP, LLC City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER SANTIAGO Commission Vote: 5-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES /Q L06 4.‘" Oi <0 it 1 �OE IO \APO RAtE�9 City of Opa-Locka Agenda Cover Memo Commission Meeting 07/22/2015 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1d Reading 2�Reading (Enter X in box) Yes No (Enter X in box) Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 35-535432 (Enter X in box) Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational p Bus.&Economic Dev p Public Safety El Quality of Education El Qual.of Life&City Image p Communcation p Sponsor Name City Manager Department: City Manager Short Title: Miami Dade County Sewage Disposal Agreement Staff Summary: Miami Dade County Water and Sewer Department has provided sewage disposal services to the City of Opa-locka for many years. The current agreement with the County has expired. The new contract shall remain in effect for a period of twenty(20)years. Proposed Action: Approval Attachment: (1) Draft Agreement (2) Resolutions 10-8150,05-6814,00-6187,95-5572 LBCk4 oily VI z aPac:gont n. fir, griorida Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Timothy , lmes Commissioner 'seph L elley Commissioner T• ence '. P' der Commissioner Lui B. S:n a FROM: Kelvin L. Baker, Sr. , City Manag DATE: July 9, 2015 RE: Resolution: Miami Dade County Sewag• Disposal Agreement Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI DADE COUNTY FOR SEWAGE DISPOSAL SERVICES, PAYABLE FROM ACCOUNT NUMBER 35-535432 (BUDGETED) Description: Miami Dade County Water and Sewer Department has provided sewage disposal services to the City of Opa-locka for many years. The current agreement with the County has expired. The new contract shall remain in effect for a period of twenty (20) years. Financial Impact: Approximately $3.5 million for FY 2015-2016 Implementation Timeline: Immediately Legislative History: Resolutions 10-8150, 05-6814, 00-6187, 95-5572 Recommendation(s): Staff recommends approval. Attachments: (1) Draft Agreement (2) Resolutions 10-8150, 05-6814, 00-6187, 95-5572 PREPARED BY: Faye Douglas, Budget Administrator CONTRACT BETWEEN MIAMI-DADE COUNTY AND CITY OF OPA_LOCKA, FLORIDA PROVIDING FOR SEWAGE DISPOSAL SERVICE THIS CONTRACT, made and entered into this day of , 20143, by and between Miami-Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", and the City of Opa_II`ocka, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated as the"CITY"; WITNESS ET H: WHEREAS, on January 16, 1996, the COUNTY and the CITY entered into a contract to provide sewage disposal services by the COUNTY to the CITY(the"1996 Contract"); and WHEREAS, on January 16, 2001, the COUNTY and the CITY entered into Addendum Number One to the 1996 Contract which extended the 1996 Contract for a five-year period until January 16, 2006; and WHEREAS, on May 6, 2002, the COUNTY and the CITY entered into Addendum Number Two to the 1996 Contract that provided the CITY with a payment schedule for sewer billings in the amount of $1,766,326.13, which amount was paid by the CITY in full on June 6, 2006; and WHEREAS, on February 23, 2006, the COUNTY and the CITY entered into Addendum I Number Three to the 1996 Contract,which extended the 1-996 Contract for a five year period until January 16,'2011; and WHEREAS, the COUNTY and the CITY desire to enter into this Contract (the"Contract") so the COUNTY can continue to render sewage disposal service to the CITY; and WHEREAS, the Miami-Dade Water and Sewer Department, hereinafter referred to as the "Department", operates and maintains the COUNTY'S sewage disposal system; NOW, THEREFORE, in consideration of the mutual covenants and obligations set forth, the COUNTY and the CITY agree as follows: 1. The COUNTY shall provide sewage disposal service, to the extent capacity is available, to the CITY by allowing the connection of the CITY'S sewage collection systems to the COUNTY'S sewage transmission facilities at the following points of connection: a. 12700 N.W. 30th Avenue b. 12705 N.W. 42nd Avenue Additional points of connection may be established at such times and places as shall be mutually agreed upon 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 connection, including the telemetry construction connection cost. The CITY shall also bear the cost obtaining such easements as may be needed, and furnishing all necessary labor and materials required to connect with the COUNTY'S force mains or gravity interceptors, all in accordance with plans and specifications to be approved by the COUNTY, which approval 1 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 shall not be unreasonably withheld or delayed. 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 as a sample, 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 aforesaid 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. 2. The operation and maintenance of all facilities on the CITY'S side of the master meter connections shall be the sole responsibility of the CITY, except as otherwise provided herein. The CITY acknowledges that the responsibility of the COUNTY to provide sewage disposal service under this Contract shall be limited to the CITY'S existing sewer service area or future sewer service area, which the CITY is legally authorized to serve. The CITY acknowledges that it provides sewer service outside of its existing CITY limits and as its service area is expanded, said sewer service areas shall be included pursuant to the terms and conditions of this Contract. The CITY agrees not to impose any surcharge on consumers residing outside the CITY as provided in Section 180.191, Florida Statutes. 3. The CITY hereby acknowledges and agrees that any right to connect the CITY to the COUNTY'S sanitary sewer system is subject to the terms, covenants and conditions set forth•in th- __• _ _• _e• -- __ : - - = - e -- '= = - • • • :• Contract between DEP and the COUNTY dated December 21, 1995; the First Partial Consent Decree and the Second and Final Partial Consent Decree entered in the United States Environmental Protection Agency (EPA) vs. Metropolitan Dade County(Case Number 91-1109 CIV-Moreno), as currently in effect or as amended or modified in future contracts; the consent order between DEP and the COUNTY filed on April 29, 2001;and court orders, judgments, consent orders, consent decrees and the like entered into between the COUNTY and the United States,the State of Florida and/or any other governmental entity; and all other current, subsequent or future enforcement and regulatory actions and proceedings. 4. The CITY agrees and warrants that its sewage collection and transmission system and any extension thereof shall be operated and maintained in accordance with the requirements of all applicable federal, stede and county laws, rules, regulations and permit conditions. The operation and maintenance of all facilities on the CITY'S side of the force main shall be the sole responsibility of the CITY. 5. The CITY, at its sole cost and expense, shall operate and maintain in a diligent manner all CITY structures, force mains, pumps, equipment and other facilities required for the collection of sewage and transmission to the points of connection with the COUNTY'S facilities, but excluding the master meter installations. 6. The COUNTY reserves the right to inspect the CITY'S collection and transmission system and take samples of the sewage composition at no cost to the CITY to ascertain that said system is being properly maintained. Said inspections shall be made at reasonable times and upon reasonable notice in such manner as to least disturb the normal operation of the CITY. The CITY hereby agrees to pursue and maintain diligent efforts on a regular and timely basis to reduce infiltration and inflow and to comply with all local, state and/or federal ordinances, laws and regulations regarding infiltration and inflow correction or reduction as now in effect or as enacted in the future. 7. In order for the COUNTY to adequately plan for future capacity demands, within ninety (90) days following the execution of this Contract and on or before each January 1 thereafter, the CITY shall submit to the COUNTY the CITY'S projected annual capacity demands for the 2 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 next five years. Within one hundred twenty (120) days of the COUNTY'S receipt of the CITY'S projected annual capacity demands for the next five years, the COUNTY shall notify the CITY of the COUNTY'S ability or inability to meet said demands, which is subject to local, state and federal agencies and other regulatory bodies having jurisdiction over such matters. The CITY agrees that the COUNTY shall not be liable or in any way responsible for any costs, claims or losses incurred by the CITY as a result of actions by such regulatory bodies. 8. The CITY shall not allow or permit construction or installation of any connections of stormwater mains, which allow stormwater to enter the CITY'S sewage system. Upon notice or discovery of such interconnections, the CITY shall immediately effectuate the lawful disconnection of such interconnections in accordance with local, state and federal laws. 9. The CITY recognizes that the COUNTY'S standards for sewage disposal service are subject to future modifications as a result of future COUNTY, state and federal laws and regulations. Accordingly, the CITY agrees that it will abide by, and be bound by, all present and future local, state and federal laws, standards, rules, regulations, permit conditions, including, without limitation, the provisions of Chapter 24 of the Code of Miami-Dade County. and other requirements related to sewage disposal service. 10. The wastewater from all retail customers of the CITY discharged into the CITY'S sewer system shall conform to the requirements of all applicable local, state and federal regulatory agencies pertaining to wastewater discharges. If the COUNTY determines that If pretreatment facilities are necessary for a retail customer of the CITY to meet such requirements, ;prior to construction, the CITY shall case the retail customer to submit plans and specifications for the proposed design of the facilities to the COUNTY, which shall be subject to the COUNTY'S approval. The CITY shall not issue a Certificate of Use or Certificate of Occupancy until the COUNTY has approved the pretreatment facility. 11. In accordance with the wovisbns of County Ordinance No. 89-95, as amended, the CITY shall not render water, sewer service or both to any new retail user until either the COUNTY'S connection charges are paid to the COUNTY by the CITY'S retail customer and proof of payment is provided to the CITY or the CITY collects the COUNTY'S connection charges from the retail user and pays the COUNTY. 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 the COUNTY'S connection charges are paid, the CITY shall be liable for damages to the COUNTY in the amount of the connection charges owed by the retail user. The COUNTY reserves the right to audit existing records for a period not to exceed applicable statutory limits for payments of said connection charges. 12. As compensation for the transmission, treatment, including reclamation, and any method of disposal of all sewage received from the CITY, the CITY shall pay to the COUNTY a monthly charge for such service based on a uniform rate for the COUNTY'S volume customers. The rate shall be calculated for each fiscal year based on projections from the Department's prior fiscal year and shall be the sum of subsections a. — h. below. An annual wholesale wastewater true-up adjustment amount, debit or credit, will be imposed in the following fiscal year after completion of the Department's audited financial report. The true-up adjustment will be determined based on the variances in the Department's projected wholesale wastewater expenses (rates) and the actual audited wholesale wastewater expenditures (rates). a. That portion of all projected/budgeted annual operating and maintenance expenses, including taxes assessed, if any, incurred by the COUNTY in connection with its regional force main and regional gravity interceptor sewage 3 Opa_Locka Sewage Disposal Service Contract 10/320122/27/2014 system divided by the projected total amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. b. That portion of all projected/budgeted annual operating and maintenance expenses, including taxes assessed, if any, incurred by the COUNTY in connection with its regional sewage pumping stations, divided by the projected total amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. c. That portion of all projected/budgeted annual operating and maintenance expenses, including taxes assessed, if any, incurred by the COUNTY in connection with its regional sewage treatment plants, reclamation facilities and disposal, including sewage effluent ouffalls, deep disposal wells and/or any other effluent disposal process, divided by the projected total amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. d. That portion of all the projected/budgeted renewal and replacement expenses for all the COUNTY'S regional capital wastewater facilities, according to the COUNTY'S policy in effect at the time for determining a rate consistent with good municipal utility accounting practices and the budgeted renewal and replacement projects for the ensuing fiscal year divided by the projected total amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. e. That portion of the COUNTY'S projected/budgeted annual interest obligations of outstanding notes and bonds for its regional sewage system, divided by the projected total amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. f. That p of the projected ted annual charge for the amortization of the COUNTY'S outstanding loans, lines of credit, notes and bonds for its regional sewage system, to be consistent with the requirements under law, divided by the total projected amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. g. That portion of projected/budgeted annual administration and general expenses incurred by the COUNTY in connection with its regional sewage system that is not covered by the minimum charge divided by the total projected amount of flow used to bill all the COUNTY's sewage disposal customers over the same time period. h. That portion of the charge for the COUNTY's debt service coverage requirement for loans, lines of credit and bond issues for the COUNTY'S regional sewage system divided by the total projected amount of flow used to bill all the COUNTY'S sewage disposal customers over the same time period. 13. No costs associated with storm sewer systems or local collection systems shall be included in the computation of said charge. However, the COUNTY reserves the right to revise or modify the service rate and method of calculation included in Section 12 from time to time as may be approved by the Board of County Commissioners in accordance with applicable law, and the CITY agrees to be bound thereby. The COUNTY will attempt to provide the CITY with the preliminary rate a minimum of six (6) weeks in advance of said rate's effective date. The CITY recognizes and agrees that the adopted rate may differ from the preliminary rate. The CITY recognizes and agrees that the COUNTY intends to implement in the future such charges or rate structures, including but not limited to, peak flow surcharges, as it deems 4 Opa=Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 necessary to fairly recover its costs for any needed infrastructure improvements, and the CITY agrees to be bound to the rates related to peak flow surcharges when approved by the Board of County Commissioners. The CITY further recognizes and agrees that the COUNTY'S right to revise or modify the rate or methods of calculation under this section is not limited solely to revisions or modifications allowing the COUNTY to recover costs for infrastructure improvements. 14. Billings for services provided in accordance with this Contract shall be rendered monthly. Invoices will be mailed by the 10th day of the month following the month for which service has been provided, based on meter readings taken by Department employees on or about the 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 to be determined by the COUNTY, such charge to defray Department costs in processing and otherwise administering late payments. In addition, per annum interest shall accrue on the past due charges including the maximum legal rate provided by Florida law for contracts in which no interest rate is specified, for each day, including Saturdays, Sundays and holidays, from the past due date until the date of receipt of payment by the Department. For purposes of this Section, date of receipt of payment shall be the date of physical receipt of the payment by the Department if hand-delivered or mailed, or date of transfer to the Department's bank, if electronic funds transfer is used. 15. It is hereby agreed that a legally accurate meter shall reOster not greater than 102% of actual consumption and not less than 98% of actual constmnption. If a meter is determined by certified test not to be legally accate, the meter shall be recalibrated at the COUNTY'S expense. Bills for the period following the prior meter accuracy check shall be adjusted to reflect the percentage of inaccuracy. In calculating such billing adjustment, it will be assumed that the meter inaccuracy existed for the entire time interval between meter accuracy checks. The billing adjustment shal be made at the same rate established herein, but the volume used in the billing calculations shall be adjusted as described above. Either the COUNTY or the CITY may check the accuracy of the meters at a time mutually agreeable to the CITY and the COUNTY, but not more often than once every three months unless there is a disagreement between the pwties hereto regarding such accuracy. If the CITY requests such a check and the meter is found to be legally accurate, the cost of the meter check shall be borne by the CITY. Otherwise, the cost of the meter check shall be borne by the COUNTY. 16. The COUNTY hereby grants the CITY the right to audit all Department records related to the computation of the wholesale sewage disposal rates for each fiscal year. Upon written notice, the COUNTY shall make available to the CITY said records at the offices of the Department on an annual basis. In the event that such audit indicates any discrepancy between the rates used by the COUNTY in computing the monthly service charges to the CITY and those rates determined as a result of the audit, and following the COUNTY'S acceptance of the audit findings, the COUNTY shall make an adjustment, for that fiscal year, in service charges previously paid by the CITY. Said 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. 17. In the event of complete or partial failure of the meter to register the CITY'S sewage disposal flow, the COUNTY may determine the estimated sewage disposal flow based on the most recent twelve (12) full months of sewage disposal measured by the meter when it was operating properly or another method determined by the Department. 18. To the extent authorized by Florida law, the CITY hereby agrees to indemnify, defend, save and hold harmless the COUNTY to the extent of all limitations included in Section 768.28. 5 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 Florida Statutes, from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, because of or due to the breach of the Contract by the CITY, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the COUNTY for its sole negligence or breach of contract. 19. To the extent authorized by Florida law, the COUNTY hereby agrees to indemnify, defend, save and hold harmless the CITY to the extent of all limitations included in Section 768.28. Florida Statutes, from all claims, demands, liabilities, and suits of any nature whatsoever arising out of, because of or due to the breach of the Contract by the COUNTY, its agents or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the CITY for its sole negligence or breach of contract. 20. Notwithstanding Sections 18 and 19 above, nothing shall create any liability of the COUNTY or the CITY beyond the scope of Section 768.28, Florida Statutes, and monetary limits thereof, as currently in effect or as lawfully amended in the future. 21. Any cessation of sewage disposal or other service interruptions and any consequences caused by force majeure, inevitable accident or occurrence or cause beyond the reasonable control of the COUNTY shall not constitute a breach of this Contract 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 orerruption of sewage disposal service. Force majeure shall mean an act of God, which includes but is not limited to: sudden, unexpected or extraordinary forces of nature, such as floods, washouts, storms, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by the COUNTY and shall include but not be limited to: strikes; lockouts; other industrial disturbances; wars; blockades; acts of terrorism; insurrections; riots;federal, state, county and local governmental restrictions, regulations and restraints; military action; civil disturbances; explosions; and conditions in federal, state, county and local permits. 22. The CITY agrees that if any waters or waste are discharged by the CITY, either directly or by one of the CITY'S retail customers, into the COUNTY'S wastewater system which are prohibited by this Contract or which contain substances or possess characteristics contrary to the requirements of the COUNTY'S rules and regulations or is in violation of any local, state or federal law or regulation, or which otherwise creates a hazard to health or property, or constitute a public nuisance,the COUNTY may upon reasonable notice to the CITY: a. Terminate this Contract; b. Require pretreatment to any acceptable condition as determined by the local, state or federal agency prior to discharge into the COUNTY'S wastewater system; c. Require control over the quantities and rates of discharge; and/or d. Require payment to cover the cost of handling and treating such waste, including any applicable fines or penalties as provided under the COUNTY'S rules and regulations or state or federal law as the same may be amended from time to time. 23. The CITY shall comply with the terms of Section 32-83 of the Miami-Dade County Code regarding peak flow in as expeditious a manner as possible. The CITY shall take all steps necessary to ensure that peak flows conveyed to the COUNTY do not exceed the peak flow limit established for the CITY'S sewer system. In addition to any remedy provided by law or provided elsewhere in this Contract, in the event that the CITY does not comply with the terms of Section 32-83 of the Miami-Dade County Code, or does not ensure that peak flows 6 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 are within the peak flow limit, the CITY shall be in default of this Contract, and the COUNTY may, upon reasonable notice, terminate this Contract. 24. The CITY agrees to cooperate with the COUNTY in the permitting process and/or any other assistance needed for the COUNTY to obtain approval to perform work on the COUNTY's water and sanitary sewage infrastructure within the CITY's jurisdiction, ("the Work"). The CITY shall not take any action to hinder, interfere or delay the Work. The CITY shall provide any necessary easements or other legal documents required by the COUNTY for performance of the Work without additional expense to the COUNTY. The CITY shall not charge any monies or impose any special conditions on the COUNTY to perform the Work. 25. This Contract shall be governed by and construed in accordance with the laws of the State of Florida, and venue for any court proceeding shall be in Miami-Dade County, Florida—_ 226 All notices required pursuant to this Contract shall be properly given if mailed by United States registered or certified mail addressed to the party to which notice is given at the following respective addresses: Miami-Dade County Attention: Director Miami-Dade Water and Sewer Department 3071 S.W. 38th Avenue Miami, Florida 33146 City of Opa_Locka Attention: City Manager 780 Fisherman Street Opa_Locka, Florida 33054 27. This Contract shall be and remain in full force and effect for a period of twenty(20)years from the effective date of this Corttract, provided, however, that this Contract may be terminated at any time by mutual consent and agreement of the parties hereto. The CITY agrees that it will notify the COUNTY in writing no later than six(6) months prior to the expiration of this Contract if it intends to request negotiations of an additional Contract term. The failure of the City to have a valid written agreement with the COUNTY shall result in the CITY being billed at the retail rate. 27 28 No rights pursuant to this Contract shall be assignable by the CITY unless the COUNTY agrees in writing. 28 29 No amendment, alteration, change, or modification of the terms of this Contract shall be valid unless made in writing, signed by authorized officers of all parties, and hereto, and approved by the COUNTY. This Contract contains the entire agreement between the COUNTY and the CITY with respect to the subject matter and replaces and supersedes all prior contracts or understandings, oral or written, with respect to such subject matter, and such contracts or understandings are now void and no longer in effect. - If any Section of this Contract is found to be null and void, the other Sections shall remain in full force and effect. 7 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 (The rest of this page is intentionally left blank) IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, all as of the day and year written above. ATTEST: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk County Mayor ATTEST: CITY OF OPA_LOCKA By: By: City Clerk City Manager Approved as to legal form Approved as to legal form and sufficiency and sufficiency Assistant County Attorney City Attorney 8 Opa_Locka Sewage Disposal Service Contract I 10/31/20122/27/2014 Exhibit "A" ABSOLUTE BILL OF SALE KNOW ALL MEN BY THESE PRESENTS, that the City of Opa Locka, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter called GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable 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 delivered, and by these presents does grant, bargain, sell, transfer and deliver unto the GRANTEE, its successors and assigns, that portion of the GRANTOR's sewage facilities installed to provide an additional point of connection located at Street/Avenue in Miami-Dade County. The GRANTOR hereby assigns and transfers to the GRANTEE all of its rights, title and interest to the following: a. Any and all rights, licenses and permits from the Department of the Army Corps of Engineers, State of Florida Department of Environmental Protection or Miami-Dade County Department of Environmental Resources Management issued to the CITY in connection with the construction of the sewage facilities. b. Any and all other rights, interest, easements, licenses and permits issued or granted by any other governmental authority, person, firm or corporation in connection with the sewne facilities conveyed to the GRANTEE hereunder. TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigns forever. GRANTOR does covenant to and with the GRANTEE, its successors and assigns, that GRANTOR is the lawful owner of the above described; that said property is free from all encumbrances; that GRANTOR has good right 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 lawful claims and demands of all persons whomsoever. IN WITHNESS WHEREOF, the GRANTOR has hereunto set its hand and seal I this day of , 20144. ATTEST: CITY OF OPA_LOCKA City Clerk City Manager 9 Opa_Locka Sewage Disposal Service Contract 10/31/20122/27/2014 Sponsored by: City Manager Resolution No. 10-8150 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MIAMI-DADE COUNTY FOR THE PROVISION OF WHOLESALE SANITARY SEWAGE SERVICE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami-Dade Water and Sewer Department operates and maintains the County's sewage disposal system; and WHEREAS,the City of Opa-locka relies on Miami-Dade County for its sewage disposal services; and WHEREAS, the City of Opa-locka's current five (5) year contract for sewage disposal services with Miami-Dade County expires January 16, 2011; and WHEREAS, the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into an agreement with Miami-Dade County for sewage disposal services; and WHEREAS,the City of Opa-locka will apply a monthly charge based on a uniform rate for the County's volume; and WHEREAS,the contract will be in force for a period of twenty(20)years from the effective date of the contract; and WHEREAS, the parties may terminate the contract at any time by mutual consent and agreement; and Resolution No. 10-8150 WHEREAS, the proposed agreement with Miami-Dade County providing for sewage service, is attached hereto: NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes and directs the City Manager to enter into an agreement with Miami-Dade County for its Sewage Disposal Services, in substantially the form attached hereto. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 10"'day of November, 2010. (r131 MAYOR Attest: ("-- ..db( - Deborah Irby City Clerk Approved as to form and legal sufficiency: i1 Ur -\1 \., 1Lcdsiz, Jost) G�'eller, Esq. CitJ Atto ey Resolution No. 10-8150 Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Tydus: YES Commissioner Miller: YES Vice Mayor Johnson: YES Mayor Taylor: YES 1861529 v1 Sponsored by:City Manager Resolution No. 05-6814 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,APPROVING ADDENDUM NUMBER THREE, A MODIFICATION OF THE SEWAGE DISPOSAL CONTRACT BETWEEN MIMI-DADE COUNTY AND THE CITY OF OPA-LOCKA AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE SAID ADDENDUM. WHEREAS, there is a contract currently in effect for provision of sewage disposal service by Miami-Dade County to the City of Opa-locka; and WHEREAS, the parties have previously entered into Addendum Number One on January 16, 2001, extending the contract for five years; and Addendum Number Two, on May 6, 2002, providing a schedule for the payment of sewer billings by the City;and WHEREAS, the parties now desire to enter into a modification of the contract,as set forth in the proposed Addendum Number Three, attached to this Resolution; and WHEREAS, it is in the best interest of the City and the residents, for the contract to be modified and the services continued. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission approves Addendum Number Three to the Sewage Disposal Service Contract with Miami-Dade County and hereby authorizes the City Manger to enter into and execute the Addendum,a copy of which is attached to this Resolution. Resolution No. 0 5—6 8 1 3 PASSED AND ADOPTED this 30th day of November , 2005. Attest to: Approved as to A and legal sufficien y: )1 c v CI ' CLERK GELL 'LER,FISHE' &G• INKEL,LLP ASST.CITY ATTORNEY DATE Moved by: Commissioner Holmes Second by: Vice Mayor Pinder Commission Vote: 5-0 Commissioner Tydus: Yes Commissioner Holmes: Yes Commissioner Johnson: Yes Vice Mayor Pinder Yes Mayor Kelley: Yes RESOLUTION/ADDENDUM NUMBER THREE TO MDC CONTRACT FOR SEWER DISPOSAL SERVICES Resolution No. 0 0-618 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NUMBER ONE TO THE SEWAGE DISPOSAL SERVICE CONTRACT BETWEEN MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA FOR A PERIOD NOT TO EXCEED FIVE (5) YEARS WHEREAS, the City wishes to enter into a Sewage Disposal Service Contract with Miami-Dade County; and WHEREAS, the City and the County desire to make certain modifications to said contract subject to the conditions contained herein. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1: The City Manager is authorized to enter into an agreement for sewage disposal with Miami-Dade County, Sewage Disposal Service Contract, Addendum Number One, for a period not to exceed five(5)years. Section 2: The County shall provide sewage disposal capacity to the City's service area as defined in Paragraph 2 hereinafter,by means of two points of connection located at: a) NW 30th Avenue at NW 127th Street b) NW 42nd Avenue at NW 127th Street Canal Section 3: The charges, service rate and method of calculation shall be subject to revision or modification from time to time by the Miami-Dade County Board of County of Commissioners and nothing in this contract shall be construed to limit the ability of the Miami- Dade County Board of County Commissioners to revise,modify or eliminate said charges, services rates and method of calculation including those listed in items A and B above. The City recognizes and agrees that the County intends to implement in the future necessary charges to fairly recover its costs for any needed infrastructure improvements. Section 4: The City agrees that the County shall have no responsibility for or liability with respect to the City's collection system or any fines, penalties, claims or damages which may be assessed by local, state or federal agencies and hereby indemnifies and agrees to hold harmless from any such liability, claims, fines,penalties or damages (including reasonable attorney's fees) Resolution No. 00-6187 Page-2- arising from the City's ownership or operation of its collection system. Section 5: This contract shall be and remain in full force and effect until January 16, 2006, subject to the provisions of Paragraph 30. However, the contract may be terminated at any time by mutual consent and agreement of the parties hereto. Section 6: In order for the County to adequately plan for future capacity demands, within ninety(90) days following execution of this addendum and or before each 1 S`day of January thereafter, the City shall submit to the County the City's projected annual capacity demands for the next five (5) years. Within one hundred twenty days (120) of the County's ability or inability to meet said demands which is subject to local, state and federal agencies and other regulatory bodies having jurisdiction over such matters. The City agrees that the County shall not be liable or in any way responsible for any costs, claims or losses incurred by the City as a result of actions by regulatory bodies. In addition, the City shall submit a quarterly report to the County summarizing the amount of sewage collected from its customers. The report shall also list (i) all new facilities contributing to the City's flow during the reporting period; (ii) all facilities expected to be connected in the next reporting period; and (iii) any other facilities that the City reasonably anticipates being connected to its system after the next reporting period that will materially increase the City's flow (above 10,000 gallons per day). For each such facility, the City shall list the estimated gallons per day flow anticipated from such facility and the metering point through which such anticipated flow will be delivered to the County's system. The report shall be submitted within thirty(30) days following December 31, March 31, June 30 and September 30th of each year. PASSED AND ADOPTED this 27 day of DECEMBER 2000. 11111111"..CE • YO' RESOLUTION NO. 95-5572 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH METROPOLITAN DADE COUNTY, FLORIDA, FOR SEWAGE DISPOSAL_SERVICES WHEREAS: PURSUANT TO THE CITY'S REQUEST, THE COUNTY SHALL PROVIDE SEWAGE DISPOSAL CAPACITY, TO THE EXTENT AVAILABLE, TO THE CITY'S SERVICE AREA AS DEFINED IN PARAGRAPH 2 OF THE CONTRACT AGREEMENT FOR SEWAGE DISPOSAL SERVICES WITH DADE COUNTY. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, THAT; SECTION 1. THE CITY COMMISSION AUTHORIZES THE CITY MANAGER TO EXECUTE A CONTRACT AGREEMENT WITH METROPOLITAN DADE COUNTY FOR SEWAGE DISPOSAL SERVICES. PASSED AND ADOPTED THIS / 'Z/ DAY OF 4.b.% . 1995. 1----mit i' - Art&Aiir --- ATTEST: AiiiiiiP4 vs' . l / APPROVED AS TO FORM AID) LEGAL SUFFICIENCY: `n1,4 s ,L(, `1 L-- Cm CLERK q / - r Det; COMMISSION VOTE: 4-0 COMMISSIONER MILLER: • YES / � COMMISSIONER BARRETT: NOT PRESENT b � COMMISSIONER LIPKINS: YES DA VICE MAYOR HOLIES : YES MAYOR INGRAM : YES SEWAGE DISPOSAL SERVICE CONTRACT BETWEEN METROPOLITAN DADE COUNTY, FLORIDA AND CITY OF OPA LOCKA, FLORIDA THIS CONTRACT, made and entered into this day of , 1995, by and between Metropolitan Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", and the City of Opa Locka, a municipal corporation organized and existing under the laws of the State of Florida, hereinafter designated as the "CITY" ; W I I N E I H NOW, THEREFORE, in consideration of the covenants herein stated, the parties hereto agree as follows: 1. Pursuant to the City's request, the COUNTY shall provide sewage disposal capacity, to the extent available, to the City' s service area as defined in Paragraph 2 hereinafter, by means of an existing connection to an existing 42-inch sewage force main located in N.W. 31 Avenue and N.W. 127 Street. The CITY has requested an additional point of connection to a 42-inch diameter force main located at LeJeune Road (NW 42 Avenue) and the N.W. 127th Street Canal. The CITY shall bear the entire cost and expense of establishing such additional point of connection 1