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HomeMy WebLinkAbout24090AGREEMENT INFORMATION AGREEMENT NUMBER 24090 NAME/TYPE OF AGREEMENT MIAMI-DADE COUNTY DESCRIPTION WATER & SANITARY SEWER FACILITIES AGREEMENT/WEST END PARK - NEW POOL & ENHANCEMENTS/FILE ID: 12204/R- 22-0300/MATTER I D : 22-323 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 10/4/2022 DATE RECEIVED FROM ISSUING DEPT. 10/4/2022 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 73671745-661 8-499F-BA6B-CD1 FC7C16D35 CITY OF IVHAMI DOCUMENT ROUTING FORM File No: OCI 21104 ORIGINATING DEPARTMENT: Office of Capital Improvements DEPT. CONTACT PE SON: EXT: Jose Calsl&Ira/Charles McKinnon 1290/1289 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Miami -Dade County Water and Sewer Dept IS TIFIIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES El NO TOTAL CONTRACT INVOLVED AMOUNT: $0.00 FUNDING INVOLVED $ ❑ YES El NO TYPE OF AGREEMENT: E MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT © LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) PURPOSE OF ITEM (BRIEF SUMMARY) ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT El INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT 0 PURCHASE OR SALE AGREEMENT Agreement for Water and Sewer Services for West End Park Pool OCI 40-B183505 City Attorney Matter ID 22-323 COMMISSION APPROVAL DATE:28 28 July 2022 FIELD ID: 12204 ENACTMENT NO.: R-22.0300 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: - f hL 4t n `= 1i . i PLEASE PRINT AND SIGN stAR E SS''f :: �fl r.. gt }'Ltim' �i ,-.,'-r' I Date APPROVAL BY DEPARTMENTAL DIRECTOR ` .; . " Digitally signed byBadia,i3e<tor Date:2022.08.22 1727;27-04'00` PRINT: HECTOR BADIA, INTERIM DIRECTOR SIGNATURE: SUBMITTED TO RISK MAN AGEOIIENT PRINT' A --MARIE SHARTiEwilysigned (Jo m ez, ,, by Gomez, Frank SIGNATURE: pate 25022.08.24 12:33:50 04'00` SUBMITTED TO CITY ATTORNEY ��NATI DPRINT: VICTORIA 2 a MEND,EZ p-DocuSigned by: I' Cin;Ift_ _a ;..t '-F1EF90AF6FE0457... APPROVAL BY ASSISTANT CITY MANAGER PRINT: NZLRIBE SIGNATURE: IHEKWAI3A DocuSigned by: Nit tit, ((A,t,�walaa 45F9436AFE40458... RECEIVED BY CITY MANAGER PRINT: ART NORIEW8uSigned SIGNATURE: by: Ar4. Pones, - 850CF6C372DD42A... 1) i' NE.:OR1GIN 1L `[`O,;Ci rv,, LEPk 2) ! N CO,PY;`i'Q cITY,ATTO;RNCEWS,OFFIGE 3) REMAINING ORIGINkL()`'.Td i..{' RIGiNATING IJEPARTI ,ENT' PRINT: SIGNATURE: DocuSigned by: PRINT: SIGNATURE: PRINT: SIGNATURE: DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1 FC7C16D35 WEST END PARK- NEW POOL & ENHANCEMENTS, ID# 31348 AGREEMENT FOR WATER AND SANITARY SEWER FACILITIES BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI This instrument prepared by: Christopher Schaffer New Business Section Miami -Dade Water and Sewer Department 3575 S. LeJeune Road Miami, Florida 33146-2221 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 THIS AGREEMENT, made and entered into at Miami -Dade County, Florida, this day of , 2022, by and between Miami -Dade County, a political subdivision of the State of Florida, hereinafter designated as the "COUNTY", whose mailing address is: c/o Miami -Dade Water and Sewer Department, P.O. Box 330316, Miami, Florida 33233-0316, and City of Miami, a municipal corporation of the State of Florida , hereinafter designated as the "CITY", whose mailing address is: 444 N.W. 2 Avenue, Suite 325, Miami, Florida, 33130. WITNESSETH: WHEREAS, the CITY desires water and sewer service to be rendered to property owned by the CITY, and WHEREAS, the Miami -Dade Water and Sewer Department, hereinafter designated as the "DEPARTMENT", operates the water and sewage systems owned by the COUNTY. NOW, THEREFORE, in consideration of the mutual covenants entered into between the parties hereto to be made and performed and in consideration of the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: 1. CITY'S PROPERTY. The CITY owns a certain tract of land in Miami -Dade County, Florida, which is legally described in Exhibit "A" attached hereto and made a part hereof, hereinafter sometimes described as the "CITY'S property". The CITY has requested that the DEPARTMENT render water and sewer service to the CITY'S property and the COUNTY agrees to do so subject to the terms, covenants and conditions contained herein. 2. WAIVER. No delay or failure to exercise a right under this Agreement or any other Agreement shall impair or shall be construed to be a waiver thereof. No waiver or indulgence of any breach of this Agreement or series of breaches shall be deemed or construed as a waiver of any other breach of same or as voiding or altering any other obligation of the parties under this Agreement or any other Agreement. No order or directive given by the COUNTY or its agents shall be considered as waiving any portion of this Agreement unless done in writing by a person having actual authority to grant such waiver. 3. CITY ACKNOWLEDGMENT. The CITY hereby acknowledges and agrees that any right to connect the CITY'S property to the COUNTY'S sewer system is subject to the terms, covenants and conditions set forth in 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, including but not limited to, the Consent Decree entered on April 9, 2014, in the United States of America, State of Florida and State of Florida Department of Environmental Protection v. Miami -Dade County, Case No. 1:12-cv-24400-FAM, as well as all other current, subsequent or future enforcement and regulatory actions and proceedings. Page 2 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 4. PROVISION OF SERVICE AND CONNECTION CHARGES. The COUNTY will provide an adequate domestic water supply for the CITY'S property and will receive and dispose of sanitary sewage from the CITY'S property. The CITY shall pay water and sewer connection charges for all those units to be constructed and connected on the CITY'S property subject to the limitations specified herein. The CITY acknowledges that, to the extent that water or sewer service will ultimately be rendered to the CITY'S property by a volume customer, the CITY is a new retail user provided water or sewer service from a volume customer, and acknowledges that it is responsible for payment of connection charges; however, in the event that water or sewer service is provided directly by the COUNTY, the CITY acknowledges that it is a new retail customer of the COUNTY and accordingly also liable for payment of connection charges. The CITY may be considered both a new retail customer and a new retail user provided service by a volume customer in the event that the COUNTY provides water service to the CITY'S property and a volume customer provides sewer service, or vice -versa. The connection charges are based on the average daily gallons for the various building units and/or use as shown on Exhibit "B" attached hereto and made a part hereof, and as revised by the COUNTY from time to time, multiplied by the applicable rates established by the COUNTY. The CITY intends to construct and connect to the COUNTY'S water and sewer systems a new public swimming pool facility for ninety-eight (98) persons, representing a total average daily gallonage of two thousand nine hundred forty (2,940) gallons, replacing a public swimming pool facility for one hundred two (102) persons previously connected to the COUNTY'S water and sewer systems, representing an average daily gallonage credit of three thousand sixty (3,060) gallons. Therefore, there is no average daily gallonage increase, resulting in no additional water and sewer connection charges. Water and sewer connection charges shall be calculated at the rates in effect at the time of actual connection to the COUNTY'S water and sewer systems. The DEPARTMENT'S current connection charge rates are one dollar and thirty-nine cents ($1.39) and five dollars and sixty cents ($5.60) per gallon per day for water and sewer, respectively. The water and sewer connection charge rates are subject to revision by the Board of County Commissioners at any time. The DEPARTMENT shall not, under any circumstances, render water and/or sewer service to the CITY'S property until such time as the fees and/or charges specified herein have been paid in full. 5. OTHER USES ON THE PROPERTY. If the CITY constructs and/or connects buildings other than those outlined in paragraph 4 above, or otherwise changes the use of structures built such that paragraph 4 is no longer an accurate description of the uses at the CITY'S property, the COUNTY shall determine if additional capacity is needed, as calculated using Exhibit "B" attached hereto and as revised by the COUNTY from time to time. If additional capacity is required, connection charges, computed at prevailing rates, capacity allocation, if available, and construction connection charges, if any, shall be required to be paid by the CITY. If requested by the DEPARTMENT, the CITY shall provide the COUNTY a list of all tenants and building units and/or use prior to the installation of any water meters and/or rendition of sewer service by the COUNTY for the CITY'S property. 6. POINTS OF CONNECTION. The DEPARTMENT shall provide points of connection to the CITY based on the project as specified in the Agreement. The CITY shall provide plans for the DEPARTMENT'S review based on the points of connection. Points of Page 3 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 connection shall not be changed without prior approval by the DEPARTMENT. 7. DESIGN AND CONSTRUCTION OF FACILITIES. The CITY at its own cost and expense shall cause to be designed, constructed and installed all of the necessary water and/or sewer facilities provided for in this Agreement unless otherwise specified. The facilities shall include any and all water mains, valves, fittings, fire hydrants, firelines, service connections, service lines, shutoffs, meter boxes, air release valves, gravity sewer mains, laterals, manholes, and all appurtenances thereto for a complete installation. The final design and construction of the facilities shall meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" for water and/or sewer service, shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. 8. INSPECTION. The COUNTY shall have the right but not the obligation to make engineering inspections of all the construction work performed by the CITY under the terms of this Agreement including private facilities not to be conveyed to the COUNTY. Such inspections shall not be construed to constitute any guarantee on the part of the COUNTY as to the quality and condition of materials and workmanship. Any inspections by the DEPARTMENT shall not relieve the CITY of any responsibility for proper construction of said facilities in accordance with approved plans and specifications. Furthermore, any inspections by the DEPARTMENT shall not relieve the CITY of responsibility for the quality and condition of materials and workmanship. 9. TESTS. During construction and at the time when various tests are required, the COUNTY'S engineer or its authorized representative, together with the CITY'S engineer and contractor, shall jointly be present to witness tests for determination of conformance with approved plans and specifications. The CITY shall notify the COUNTY a minimum of twenty-four (24) hours in advance of the tests. 10. CONSTRUCTION MEETINGS. The COUNTY reserves the right to schedule construction meetings with the CITY'S representatives (Engineer, Project Manager, Construction Superintendent and others) at a place designated by the COUNTY with respect to project related matters upon twenty-four (24) hours notice. 11. SUBCONTRACTORS AND CONSULTANTS. The COUNTY reserves the right, at any time, to bar any subcontractor or consultant employed by the CITY from engaging in any sort of work or activity related to this Agreement, if such be in the interests of the COUNTY. In the event the COUNTY rejects any subcontractor or consultant, said subcontractor or consultant will immediately cease work on anything related to this Agreement. The CITY shall not be entitled to compensation for any monies previously paid to any subcontractor or consultant if said subcontractor or consultant is rejected by the COUNTY. 12. COMPLIANCE WITH ALL LAWS. The CITY, at its own cost and expense, shall comply with all applicable laws, statutes, rules, and ordinances in carrying out the activities contemplated herein. Page 4 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 13. APPROVALS AND PERMITS. The CITY shall be fully responsible for obtaining all required approvals from all appropriate governmental and regulatory agencies and all necessary permits for all facilities contemplated in this Agreement. Notwithstanding anything else contained herein to the contrary, this Agreement shall not constitute or be interpreted as a waiver of any requirements of any other agency of Miami -Dade County and/or any requirements of the Code of Miami -Dade County. The CITY is responsible for obtaining all permits as may be required for the work contemplated herein pursuant to the Code of Miami -Dade County. 14. COUNTY AS PERMITTEE. Certain federal, state and county agencies, including but not limited to the State of Florida Department of Transportation, the South Florida Water Management District, the U.S. Army Corps of Engineers and the Florida East Coast Railroad may require that the COUNTY be named as permittee for certain construction activities even though the CITY or the CITY'S contractor will actually perform the work. To insure that the COUNTY will incur no costs or liability as a result of being named permittee on such permits, the CITY shall provide sufficient security as acceptable to the COUNTY which shall indemnify and protect the COUNTY from all claims, actions, judgments, liability, loss, cost and expense, including reasonable attorney's fees, related to work performed by the CITY pursuant to such permits. The security shall be furnished prior to the start of construction and shall be in an amount equal to the COUNTY'S cost estimate for the permit work. The CITY shall have sixty (60) days to resolve any claims by a permittor. Otherwise, the DEPARTMENT shall be entitled to pay said claims from the security. The CITY shall be liable for all costs in excess of the security, subject to the limits of Section 768.28 Florida Statutes. 15. WATER SERVICE LINES. Any water service lines two (2) inches or less in diameter that are required for the CITY'S property which will be directly connected to existing mains owned by the COUNTY shall be installed by the CITY'S Contractor under supervision of a DEPARTMENTAL Water Distribution Licensed Operator and Donations Inspector. The CITY hereby agrees to pay to the COUNTY its work order charges prior to any such installation. 16. OWNERSHIP OF WATER METER. The COUNTY shall own and install the required water meter as a part of any water service installation. Ownership by the COUNTY shall terminate at the outlet side of each water meter. The CITY shall pay all applicable installation fees. 17. TREATMENT AND TRANSMISSION CAPACITY. In addition to the covenants and conditions set forth herein, water and sewer service to be rendered by the COUNTY is subject to the following: a. issuance of a valid operation permit by the State of Florida for the COUNTY'S sewage treatment facility serving the CITY'S property which allows additional connections, b. sufficient available capacity in the COUNTY'S sewer system and connection approval, as specified in paragraph 3 herein, c. available water by the COUNTY. Page 5 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 However, in no event will the COUNTY be obligated to supply any more water or sewage treatment capacity in any one year than is called for by the building connection schedule attached hereto and made a part hereof as Exhibit "C". Any variation from said connection schedule which results in increased yearly demand on the water resources or sewage treatment facility capacity of the COUNTY not specifically provided for in Exhibit "C" shall be subject to the written approval and consent of the DEPARTMENT and shall be dependent on the availability of the water resource and the various restrictions placed on the supply of water or the disposal of sewage by local, state and federal government agencies and the physical limitations on the COUNTY'S supply and treatment capacity. If the CITY does not utilize the yearly amount of water or sewage treatment facility allocation specified in Exhibit "C", said amount will be available to the CITY in the next calendar year subject to the limitations and provisions specified herein. 18. ALLOCATION OF CAPACITY. The COUNTY agrees to include the aforesaid allocation in its regional water supply, production and transmission facilities and regional sanitary sewer system, once the CITY is granted necessary sewer allocation, as specified in paragraph 4 hereinabove. However, it is mutually agreed and understood by the COUNTY and the CITY that the allocation of capacity by the COUNTY does not guarantee the ability of the COUNTY to supply water for the CITY'S property or the ability to receive and dispose of sewage originating from the CITY'S property. Capacity allocation is subject to local, state and federal agencies and other regulatory bodies having jurisdiction. In connection therewith, 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, which are related to capacity allocation. 19. FACILITIES EASEMENTS. If the facilities contemplated herein or any portion thereof are installed within private property outside of public right-of-way, the facilities shall be installed in the center of a twelve (12) foot wide easement for water facilities and fifteen (15) foot wide easement for sewer facilities. Both require a twenty-five (25) foot minimum vertical clearance above the finished grade. The DEPARTMENT shall have twenty-four (24) hour access to the easement for emergency purposes. If the facilities are not located in platted easements, then easements shall be granted to the COUNTY by the CITY prior to the COUNTY'S installation of a water meter and/or the rendition of sewer service to the CITY'S property. The CITY may not place any pavers or other structures in an easement area which would prevent the DEPARTMENT, at its sole discretion, from making full use of the easement, and the CITY shall remove same, at the CITY'S cost, at the direction of the COUNTY. The CITY may place pavers or other structures in the easement area if such pavers or other structures can be removed, with minimal effort by the DEPARTMENT, in the event that such pavers or other structures need to be removed in order for the DEPARTMENT to make use of the easement; the CITY places such pavers or other structures in the easement area at its own risk, and the DEPARTMENT shall not be liable for any costs incurred by the CITY in replacing any such pavers or other structures removed by the DEPARTMENT. 20. CONVEYANCE OF TITLE. Conveyance of all easements shall be by separate instruments in recordable form as approved by the COUNTY and shall be accompanied by a written opinion of title by an attorney licensed to practice law in the State Page 6 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 of Florida, which states that the CITY is the owner of the property interest to be conveyed, subject only to liens, encumbrances and restrictions as are acceptable to the COUNTY. The opinion shall also state that upon execution by the CITY, a valid and enforceable easement will be vested to the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. The details for all conveyances are specified herein. Failure of the CITY to provide proper conveyances shall be cause for the COUNTY to refuse to render service to the CITY'S property. 21. DRAWINGS AND CONVEYANCE DOCUMENTS. Following completion of the water and/or sewer facilities contemplated herein for COUNTY ownership, the COUNTY shall provide a conveyance package for execution by the CITY. The properly executed documents shall be delivered to and accepted by the COUNTY prior to the rendition of water and/or sewer service by the COUNTY. The CITY shall pay for all recording fees and for all documentary stamps. These conveyances shall be accompanied by copies of paid bills and lien waivers, releases, or satisfactions from all persons who performed work on the CITY'S property and all persons who incorporate materials into the property, together with a breakdown of the actual cost of said facilities. Concurrently, the CITY shall furnish the COUNTY with as -built drawings which meet the requirements set forth in the latest revision of the DEPARTMENT'S "Rules and Regulations" and shall be in accordance with the latest revision of the DEPARTMENT'S "Design and Construction Standard Specifications and Details", and shall be subject to approval by the DEPARTMENT. Approval by the COUNTY of all required documents and drawings shall constitute final acceptance by the COUNTY of said facilities. After final acceptance, the facilities shall remain at all times the sole, complete, and exclusive property of the COUNTY and under the exclusive control and operation of the COUNTY. 22. TERM OF AGREEMENT. Both the CITY and the COUNTY recognize that time is of the essence and that this Agreement shall be deemed null and void and unenforceable if the CITY fails to comply with any of the following conditions, where applicable: a. After execution of this Agreement, work on the water and sewer facilities shall commence within three hundred sixty-five (365) days from the execution date. Work shall be considered to have commenced and be in active progress when engineering drawings are submitted to the DEPARTMENT for review and approval, and, upon the DEPARTMENT'S issuance of said approval, a full complement of workmen and equipment is present at the site to diligently incorporate materials and equipment into the construction of the water and sewer facilities throughout the day on each full working day, weather permitting. b. Once the CITY commences work on the water and sewer facilities, said work cannot be suspended, abandoned, or not in active progress for a period exceeding three hundred sixty-five (365) days. c. The remedies specified herein are cumulative with and supplemental to any other rights which the COUNTY may have pursuant to the law or any other provision of this agreement. Page 7 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 23. INDEMNIFICATION CLAUSE. The CITY shall indemnify and hold harmless the COUNTY and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the COUNTY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent or wrongful act or omission of the CITY and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The CITY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the COUNTY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The CITY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the CITY shall in no way limit the responsibility to indemnify, keep and save harmless and defend the COUNTY or its officers, employees, agents and instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the COUNTY from any liability or claim arising out of or relating to the negligent or wrongful act or omission of the COUNTY, its officers, employees, or agents. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, employees, and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the CITY and/or its officers, employees, or agents, may incur as a result of claims, demands, suits, causes of actions, or proceedings of any kind or nature arising out of, relating to, or resulting from the negligent orwrongful act or omission of the COUNTY and/or its officers, employees, agents, servants, partners, principals, contractors and/or subcontractors, during the term of this Agreement. The COUNTY shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits, or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and reasonable attorneys' fees which may issue thereon. The COUNTY expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the COUNTY shall in no way limit the responsibility to indemnify, keep and save harmless, and defend the CITY or its officers, employees, or agents, as herein provided. Nothing herein shall be deemed to indemnify the CITY from any liability or claim arising out of the negligent or wrongful act or omission of the CITY, its officers, employees, or agents. The provisions in this clause shall survive the termination or expiration of this Agreement. This paragraph is subject to the limitations of Section 768.28, Florida Statutes. Page 8 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 24. FORCE MAJEURE. Should either party be prevented from performing any obligations herein, including but not limited to water and/or sewer service, due to or resulting from a force majeure or inevitable accident or occurrence, such party shall be excused from performance. 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, hurricanes, fires, earthquakes, landslides, epidemics, explosions or other forces of nature. Inevitable accidents or occurrences shall mean those which are unpreventable by either party 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 restraints and restrictions, military action, civil disturbances, explosions, conditions in federal, state, county and local permits, bid protests, manufacturing and delivery delays, unknown or unanticipated soil, water or ground conditions and cave-ins, or otherwise, and other causes reasonably beyond the control of either party, whether or not specifically enumerated herein. 25. SERVICE CHARGES. The CITY agrees to pay to the COUNTY the prevailing service charges for water supply and fire protection, sewage collection and disposal within the CITY'S property as may be applicable until the responsibility for payment of said charges is properly transferred in accordance with the COUNTY'S regulations. 26. USE OF FACILITIES BY COUNTY. The COUNTY reserves the right to make full use of the water and/or sewer facilities to be owned by the COUNTY as contemplated herein to serve other customers at any time. 27. OPINION OF TITLE. With the execution of this Agreement, the CITY at its own expense shall deliver to the DEPARTMENT an opinion of title for the CITY'S property, issued by a qualified attorney licensed to practice law in the State of Florida, which states that the CITY owns fee simple title to the property referred to herein. 28. BACTERIOLOGICAL TESTS AND INDEMNIFICATION. DEP requires that prior to the rendition of any new water service by the DEPARTMENT, bacteriological tests must be performed. It is the responsibility of the CITY to comply with all such requirements and to obtain all necessary approvals. In addition, the use of floating meters for construction purposes is subject to State of Florida requirements and approval by the COUNTY. The CITY may request approval for the use of floating meters prior to actual conveyance of title to the facilities to the COUNTY. However, the COUNTY may be required to execute documents to the Miami -Dade County Department of regulatory and Economic Resources (RER) or State of Florida Department of Health (DOH), which state that the COUNTY has accepted title to the facilities. If the COUNTY is required to execute such documents, the CITY agrees to indemnify and hold the COUNTY harmless, subject to the limits of Section 768.28 Florida Statutes, from and against all claims, actions, judgments, damages, loss, cost and expense including reasonable attorney's fees which may be incurred by the COUNTY in connection with the rendition of water service through the facilities constructed and installed by the CITY prior to conveyance of title to the COUNTY, including but not limited to those that result from failure to properly maintain and repair the water facilities. Page 9 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 29. ASSIGNMENT OF AGREEMENT. No right to any water supply and sewage disposal service commitment provided for in this Agreement shall be transferred, assigned or otherwise conveyed to any other party without the express written consent of the Director of the DEPARTMENT or his designee except as noted below. The consent of the DEPARTMENT shall not be required in connection with the sale, lease or other conveyance of property or any residential units or commercial establishments to any party who will be the ultimate user of the property, including but not limited to a bona fide purchaser, lessee, resident or occupant. The intent of this paragraph is to require consent of the DEPARTMENT for assignments or transfers of any water and sewage disposal capacity allocation to any party who holds such property as an investment for resale or who intends to develop for sale a portion of the CITY'S property, so that the COUNTY can adequately determine the demand for water and sewage disposal capacity and plan for the fair and equitable allocation of water and sewage disposal capacity among the residents of Miami -Dade County. Consent, when required, shall not unreasonably be withheld by the DEPARTMENT. If the CITY'S property is transferred or conveyed, the CITY shall remain liable to the COUNTY for all sums of money and all obligations due hereunder unless released in writing by the COUNTY. 30. ENTIRE AGREEMENT. This Agreement supersedes all previous agreements and representations, whether oral or written, between the CITY and the COUNTY and made with respect to the matters contained herein and when duly executed constitutes the complete Agreement between the CITY and the COUNTY. 31. NOTICE. All notices given pursuant to this Agreement shall be mailed by United States Postal Service registered or certified mail to the parties at the addresses specified on page 2 of this Agreement or addresses otherwise properly furnished. 32. RECORDING OF AGREEMENT. This Agreement is being recorded in the public records of Miami -Dade County, Florida, for the particular purpose of placing all owners and occupants, their successors and assigns, upon notice of the provisions herein contained. The CITY shall pay all recording fees. 33. FLORIDA LAW. This Agreement shall be interpreted under Florida law. Venue for any litigation relating to this Agreement shall be had in Miami -Dade County, Florida. 34. SEVERABILITY. If any section, subsection, sentence, clause or provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected by such invalidity. Page 10 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officials as of the day and year above written. WITNESSETH: MIAMI-DADE COUNTY signature print name signature print name STATE OF FLORIDA COUNTY OF MIAMI-DADE By: Brandon Garcia, New Business Manager For: Roy Coley, Director Miami -Dade Water and Sewer Department The foregoing instrument was acknowledged before me by means of: (check one) ❑ physical presence; or ❑ remote audio-visual means, this day of , 2022, by Brandon Garcia, New Business Manager, for Roy Coley, Director, of the Miami -Dade Water and Sewer Department, who is personally known to me and did not take an oath. Notary Public Serial Number print name Page 11 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK— NEW POOL & ENHANCEMENTS, ID# 31348 DocuSigned by: ATTEST DocuSigned by: By: E46•5739MCF1439... Todd Hannon CITY OF MIAMI, A FLORIDA MUNICIPAL CORPORATION DocuSigned by: A�F Nor1e , (SEAL) By. \-aouUrnwizuu42,v... , City Clerk Arthur Noriega V print name print name STATE OF FLORIDA COUNTY OF MIAMI-DADE (SEAL) DS , City Manager The foregoing instrument was acknowledged before me by means of: (check one) ❑ physical presence; or ❑ remote audio-visual means, this day of 2022, by , as City Clerk, and , as City Manager, of the City of Miami, a Florida municipal corporation, on behalf of the municipality. They are personally known to me or have produced as identification and did/did not take an oath. Approved for Legal Sufficiency: f—DocuSigned by: \--F1EF90AF6FE0457... DS City Attorney rtikF - 114.10 22—Zi22i Notary Public print name Serial Number Approved for Legal Sufficiency: Assistant County Attorney Page 12 of 12 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK- NEW POOL & ENHANCEMENTS, ID# 31348 EXHIBIT "A" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI LEGAL DESCRIPTION TRACT 8, amended Plat of T.R. GLASS SUBDIVISION PLAT, according to the Plat thereof, as recorded in Plat Book 4, at Page 76, of the Public Records of Miami -Dade County, Florida, Less the South 302.375 Feet thereof. "A" 1 of 1 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1 FC7C16D35 WEST END PARK- NEW POOL & ENHANCEMENTS, ID# 31348 EXHIBIT "B" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI SCHEDULE OF DAILY RATED GALLONAGE FOR VARIOUS OCCUPANCY TYPES OF LAND USES GALLONS PER DAY (GPD) RESIDENTIAL LAND USES Single Family Residence 210 gpd/unit (under 3,001 sq. ft.) 310 gpd/unit (3,001-5,000 sq. ft.) 510 gpd/unit (over 5,000 sq. ft.) Townhouse Residence 165 gpd/unit Apartment 135 gpd/unit Mobile Home Residence/Park 160 gpd/unit Duplex or Twin Home Residence 150 gpd/unit Residential Facility/Institution: a) Congregate Living Facility (CLF) b) Apartment Dormitory c) Fire Station d) Jail e) Other 75 gpd/bed 100 gpd/unit 10 gpd/100 sq. ft. 150 gpd/person 100 gpd/person COMMERCIAL LAND USES Airport: a) Common Area/Concourse/Retail 10 gpd/100 sq. ft. b) Food Service see restaurant use for allocation Bank 10 gpd/100 sq. ft. Banquet Hall (with or without kitchen 10 gpd/100 sq. ft. Bar, Cocktail Lounge, Nightclub, or Adult Entertainment 20 gpd/100 sq. ft. Barber Shop 10 gpd/100 sq. ft. Beauty Shop 25 gpd/100 sq. ft. Big Box Retail 2.5 gpd/100 sq. ft. Bowling Alley 100 gpd/lane Car Wash: a) Manual Washing 350 gpd/bay b) Automated Washing 5,500 gpd/bay Coin Laundry 110 gpd/washer Country Club with or without kitchen 20 gpd/100 sq. ft. Dentist's Office 20 gpd/100 sq. ft. Fitness Center or Gym 10 gpd/100 sq. ft. Funeral Home 5 gpd/100 sq. ft. Gas Station/Convenience Store/Mini-Mart: a) Without car wash 450d/unit b) With single automated car wash 1,750 gpd/unit Additional single automated car wash 1,300 gpd/unit Hospital 250 gpd/bed Hotel or Motel 115 gpd/room "B" 1 of 2 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1 FC7C16D35 WEST END PARK- NEW POOL & ENHANCEMENTS, ID# 31348 TYPES OF COMMERCIAL LAND USES (CONTINUED) House of Worship 10 gpd/100 sq. ft. Industrial use NOT discharging a process wastewater and NOT utilizing potable water for an industrial process (including but not limited to automotive repair, boat repair, carpentry, factory, machine shop, welding 4 gpd/100 sq. ft. Industrial use discharging a process wastewater or utilizing potable water for an industrial process based on system design and evaluation by the Department 4 gpd/100 sq. ft. Kennel 15 gpd/100 sq. ft. Marina 60 gpd/slip Nail Salon 30 gpd/100 sq. ft. Nursing/Convalescent Home 125 gpd/bed Office Building 5 gpd/100 sq. ft. Pet Grooming 20 gpd/100 sq. ft. Physician's Office 20 gpd/100 sq. ft. Public Park: a) With toilets only 5 gpd/person b) With toilets and showers 20 gpd/person Public Swimming Pool Facility 30 gpd/person Recreational Vehicle (RV) Park (seasonal use) 150 gpd/space Restaurant a) Fast Food 65 gpd/100 sq. ft. b) Full Service 100 gpd/100 sq. ft. c) Take -Out 100 gpd/100 sq. ft. Retail 10 gpd/100 sq. ft. School: a) Day care/Nursery (adults and children) b) Regular school 10 gpd/100 sq. ft. 12 gpd/100 sq. ft. Self-service storage units 1.5 gpd/100 sq. ft. Shopping Center/Mall Shell/Common Area 10 gpd/100 sq. ft. Spa 20 gpd/100 sq. ft. Sporting Facilities and Auditorium 3 gpd/seat Theater a) Indoor 1 gpd/seat b) Outdoor/Drive-in 5 gpd/space Veterinarian Office 20 gpd/100 sq. ft. Warehouse/Speculation Building 2 gpd/100 sq. ft. Wholesale Food Preparation (including but not limited to meat markets and commissaries) 35 gpd/100 sq. ft. LEGEND: gpd - gallons per day sq. ft. - square feet NOTES: 1) Sewage gallonage refers to sanitary sewage flow on a per unit and/or use basis for average daily flow in gallons per day. 2) Condominiums shall be rated in accordance with the specific type of use (e.g., apartment, townhouse, warehouse, etc.). "B"2of2 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 WEST END PARK- NEW POOL & ENHANCEMENTS, ID# 31348 EXHIBIT "C" OF AGREEMENT BETWEEN MIAMI-DADE COUNTY AND CITY OF MIAMI BUILDING CONNECTION SCHEDULE TYPE AND NUMBER OF UNITS GALLONAGE (gpd) COMPLETION OF BUILDING CONNECTION Construct and connect to the County's water and sewer systems a public swimming pool for 98 persons. 2,940 2022 - 2023 Previously connected to the County's water and sewer systems a public swimming pool for 102 person -3,060 n/a "C" 1 of 1 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 MIAMI-CITE COUNTY MIAMI - DADE WATER AND SEWER DEPARTMENT EXHIBIT "A" - 1 LOCATION SKETCH SCALE: N.T.S -THIS IS NOT A SURVEY - WEST END PARK - NEW POOL & ENHANCEMENTS AGMT ID# 31348 FOLIO# 01-4001-007-0080 MIAMI-DADE COUNTY SEC 01-54-40 December 21, 2021 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1 FC7C16D35 ID #31348 - WEST END PARK— NEW POOL & ENHANCEMENTS *NOTE: The title search period for this original Opinion must cover the time period to within 30 days prior to submittal of signed water and sewer agreements or an assignment. FOR WARRANTY DEEDS, EASEMENTS, COVENANTS AND UNITIES OF TITLE, THE OPINION MUST COVER THE TIME PERIOD THROUGH THE DATE OF EXECUTION OF THE DEED, EASEMENT, COVENANT OR UNITY. MIAMI-DADE COUNTY MIAMI-DADE WATER AND SEWER DEPARTMENT OPINION OF TITLE To: MIAMI DADE COUNTY, a political subdivision of the State of Florida. With the understanding that this original opinion of Title is furnished to MIAMI-DADE COUNTY, FLORIDA, as an inducement for execution of an agreement covering the real property hereinafter described or for acceptance of a warranty deed, easement, covenant or unity of title, as applicable, it is hereby certified that I (we) have examined the City records for the Property as described below: I have searched the Miami Dade County Property Appraiser Public Records and certain City of Miami Municipal Records concerning the City of Miami Facility named WEST END PARK, located at 6030 SW 2nd Street, MIAMI, FLORIDA 33144. TRACT 8, amended Plat of T.R. GLASS SUBDIVISION PLAT, according to the Plat thereof, as recorded in Plat Book 4, at Pape 76, of the Public Records of Miami -Dade County, Florida, Less the South 302.375 Feet thereof. Basing my (our) opinion on said complete abstract or title policy covering said period I (we) am (are) of the opinion that on the last-mentioned date the fee simple title to the above described real property was vested in: CITY OF MIAMI, a Florida Municipal Corporation. Subject to the following liens, encumbrances and other exceptions: GENERAL EXCEPTIONS 1. All taxes for the year in which this opinion is rendered, unless noted below that such taxes have been paid. 2. Rights of persons other than the above owners who are in possession. 3. Facts that would be disclosed upon accurate survey. 4. Any unrecorded labor, mechanics or materialmen's liens. 5. Zoning and other restrictions imposed by governmental authority SPECIAL EXCEPTIONS ❑ No special exceptions exist © Special exceptions (indicate details on separate sheet) None of the exceptions listed above will restrict the use of the property for the purposes set forth in the water and sewer agreement, assignment, warranty deed, easement, covenant and unity of title, as applicable. I, the undersigned, further certify that I am an attorney -at -law duly admitted to practice law in the State of Florida, and am a member in good standing of the Florida Bar. Respectfully submitted this 4th day of May , 2022 Thomas M. Fossler, Esq. ASSISTANT CITY ATTORNEY OFFICE OF THE CITY ATTORNEY 444 S.W. 2NDAvenue, Suite 942 Miami, Florida 33130-1910 (305) 416-1800 Florida Bar# 120249 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 SPECIAL EXCEPTIONS: 1. Grant of Easement between the City of Miami and Florida Power & Light Company recorded on May 28, 2014, in Miami Dade County Official Records Book 29167, Page 2936. 2. Agreement for Water and Sanitary Sewer Facilities between Miami -Dade County and the City of Miami recorded on July 14, 2014, in Miami -Dade County Official Records Book 29227, Page 2927. 3. Agreement for Master Solar License between the City of Miami and Florida Power & Light Company recorded on October 9, 2018, in Miami -Dade County Official Records Book 31173, Page 4619. DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1 FC7C16D35 ATTEST: BY: City of Miami Internal Signature Page For West End Park Pool Enhancements Miami -Dade County Water and Sewer Agreement ID No. 31348 OCI NUMBER 40-B183505 DocuSigned by: E40D7500DCF1459... Todd Hannon, City Clerk DocuSigned by: '`y Seal) Approved by City Attorney as to legal form and correctness: BY: DocuSigned by: —)‘jr -1EFOOAF6FE0157... CITY OF MIAMI, a municipal corporation of the State of Florida DocuSigned by: Ark NorieS., BY: 050CFGC372DD42A... Arthur Noriega V, City Manager FMDS Approved as to . Insurance Requirements: Digitally signed by Gomez Gomez, Frank Frank Date: 2022.08.24 BY: 12:34:33 -04'00' DS Victoria Mendez, City Attorney Ann -Marie Sharpe r1L, — 114-10 22-17V7 Director, Risk Management DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 M IAM I•DADE COUNTY Water & Sewer Department Utilities Development Division PO Box 33016 • 3575 S Lejeune Road Miami, FL 33233-0316 T 786-268-5360 F 786-268-5150 WASD-NBServDesk@miamidade.Bov *ATTENTION! PLEASE READ. FAILURE TO DO MAY RESULT IN FURTHER DELAYS* 03.08.2022 09:38AM City of Miami -DEPT OF P&D 444 SW 2 AVE # 325 MIAMI FL 33130 Re: Water and Sanitary Sewer Agreement for WEST END PARK -NEW POOL & ENHANCEMENTS- 31348, ID# 31348 To whom may concern: We are pleased to enclose the water and sewer document for WEST END PARK -NEW POOL & ENHANCEMENTS-31348, ID# 31348. The County's offer of those terms and conditions contained in the document shall expire sixty (60) days from the date of this letter. For Municipal entities and School Board, the terms and conditions contained in the document shall expire one hundred and eighty (180) days from the date of this letter. If the document is satisfactory, download the Offer Package from e-Builder, then sign the original documents and deliver them to our front desk at the LeJeune office. In e-Builder, take the Submit Docs action. WASD will require an original of the complete package to be delivered to us. Please note that the original signed offer package requires one (1) original Opinion of Title using our format enclosed (NOTE: If you do not follow our format, your Opinion of Title could be rejected). The Opinion must cover the time period to within 30 days prior to submittal of signed documents. For Covenants and Unity of Title, the Opinion must cover the time period through the date of execution. For online payment please go to http://www.miamidade.gov/water/construction-development-payments.asp to pay on-line. For Payments via check please make the check payable to Miami -Dade Water and Sewer Department; this does not include any amounts due as specified in the documents. fixed Fee Item List Prices ($) = Total Quantity =� Total Fee ($) Water Allocation Certificate - Initial 90 1.00 90.00 Recording Fee - 1st Page Only 10 1.00 10.00 Recording Fee - Per Page after 1st 8.5 16.00 136.00 FIXED FEES GRAND TOTAL ($): $ 236.00 Builder't 4TRIMBLE COMPANY e-Builder Help T 786-552-8181 ebuilder-support@miamidade.Bov DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 MIAMI•DADE COUNTY Water & Sewer Department Utilities Development Division PO Box 33016 • 3575 S Lejeune Road Miami, FL 33233-0316 T 786-268-5360 F 786-268-5150 WASD-NBServDesk@miamidade.Bov Please note that the legal description in the Opinion of Title should match the legal description initially submitted to the Department for the Agreement preparation. Failure of the legal descriptions to match will result in rejection and time delays for your project. The documents shall not be binding upon either party until executed by the Department on behalf of the County and all fees due are received. This instrument was prepared using the information provided to us by the property owner and/or its agent. Once approved by our WASD reviewers, WASD will require an original of the complete package to be delivered to us at the LeJeune office lobby. This is very important to ensure proficient, timely processing. Please refer to eBuilder to obtain a fully recorded copy, and to check project status. If you have any questions regarding the agreement offer, please contact the New Business Contracts Unit at WASD-NBContracts@miamidade.gov Sincerely, Kristina Borrajero New Business Division Builder`s 4TRIMBLE COMPANY e-Builder Help T 786-552-8181 ebuilder-support@miamidade.Bov DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 MIAMFS CO COUNTY Water & Sewer Department New Business Office P.O. Box 330316 Miami, FL 33233-0316 Invoice Number Customer Number Invoice Date Business Process Number (X) Total Amount Due FERGUSON GLASGOW SCHUSTER SOTO, INC. 901 PONCE DE LEON BLVD SUITE 304 CORAL GABLES FL 33134 ATTN: Note: INTERGOVERMENTAL AGRMT 31348_WSC FEES & RECORDING FEES_WEST END PARK -NEW POOL & ENHANCEMENTS Invoice N00102674 00012060 January 7, 2022 $236.00 ER Water ER Sewer Agreement ID 31348 Description ` . "t Qty UOM Unit Price Charge Amt Interest Line Total Water Alloc Cert Initial Recording Fee 1st Page Recording Fee Per Pge Aft 1st Total Standard Charges Total Invoice EA EA EA 90.00 10.00 8.50 90.00 10.00 136.00 0.00 0.00 0.00 90.00 10.00 136.00 $236.00 $236.00 Printed on 1/7/2022 by E314829 at LEJEUNE-SD To pay online go to: http://www.miamidade.gov/water/construction-development-payments.asp Payment must be made within 72 hours of receipt of invoice. Refunds are based on the date of payment and subject to State Statute 95-11. Some fees are not refundable. DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 M IAM I•DADE COUNTY miamidade.gos Water Supply Certification Number: WSC-31348-AGR - 1 Water Supply Certification Issued Date:March 8, 2022 Plat Number: Owner: City of Miami -DEPT OF P&D 444 SW 2 AVE # 325 MIAMI FL 33130 Agent/Representative: Arsenio Milian, P.E Water and Sewer PO Box 330316 Miami, Florida 33233-0316 T 786-268-5360 F 786-268-5150 Re: Adequate Water Supply Certification for the Project , WEST END PARK -NEW POOL & ENHANCEMENTS-31348, Number 31348 The Miami -Dade Water and Sewer Department (Department) has received your request to receive water services to serve the following project which is more specifically described in the attached Agreement, Verification Form, or Ordinance Letter. Project Location Folio Address W Zip Code t Block Proposed sq. ft. Previous sq. ft. 0140010070080 6030 SW 2 ST 33144 LOT 8 LESS S302.375FT Proposed Use Square Footage/ # Units Water Gallons Per Day Sewer Gallons Per Day Public Swimming Pool Facility (30 gpd/person) 98 2,940 2,940 Previous Use 2018 - Public Swimming Pool Facility (30 gpd/person) Totals Total Water GPD (Proposed Use): Total Water Credit GPD (Previous Flow): Reserved Flow (Net Water): Square Footage/ # Unikid= Water Gallons Per Day Sewer Gallons Per Da 102 2,940 3,060 -120 3,060 3,060 The Department has evaluated your request pursuant to Policy CIE-5D and WS-2C in the County's Comprehensive Development Master Plan and Limiting Condition No. 5. of the South Florida Water Management District Water Use Permit Number 13-00017- W. Based on its review of all applicable information, the Department hereby certifies that adequate water supply is available to serve the above described project. This Adequate Water Supply Certification will expire if a building permit is not applied for within 365 days of the date of issuance of said certification. If an Agreement is executed for the proposed project, the certification will remain active with the terms of the Agreement until such time as the building permit is applied for. If a building permit is applied for in accordance with the aforementioned conditions, this certification will remain active with the building permit process. Furthermore, be advised that this adequate water supply certification does not constitute Department approval for the proposed project. Additional reviews and approval may be required from sections having jurisdiction over specific aspects of this project. Should you have any questions regarding this matter, please contact Maria A. Valdes, Chief, Planning and Water Certification Section, (786) 552-8198 or via email at mavald@miamidade.gov. Sincerely, Kristina Borrajero New Business Processor Page 1 of 1 DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 AGENDA ITEM SUMMARY FORM File ID: #12204 0 R Date: 06/27/2022 Commission Meeting Date: 07/28/2022 Requesting Department: Office of Capital Improvements Sponsored By: Manolo Reyes District Impacted: District 4 Type: Resolution Subject: Agreement - New West End Park Pool - Miami -Dade County 40-B183505 Purpose of Item: A resolution with attachments, of the Miami City Commission authorizing the City Manager to execute an agreement with Miami -Dade County's Water and Sewer Department (WASD) in substantially the attached form to provide a total average daily gallonage of two thousand nine hundred forty (2,940) gallons to a new public swimming pool facility for ninety-eight (98) people the City of Miami intends to construct and connect to Miami -Dade County's water and sewer system as part of Office of Capital Improvements project 40-B183505. Background of Item: The City of Miami intends to construct and connect to Miami -Dade County's water and sewer systems a new public swimming pool facility for ninety-eight (98) people, replacing a public swimming pool for one hundred two (102) people previously connected to the Miami -Dade County water and sewer system representing an average daily gallonage credit of three thousand sixty (3,060).On March 8, 2022 Miami -Dade County's Water and Sewer Department (WASD) certified adequate water supply was available to the new pool and extended an offer to provide water and sewer services calculated at the rates effective at the time of actual connection. Current connection chares are one dollar and thirty-nine cents ($1.39) per gallon for water and five dollars sixty cents ($5.60) per gallon for sewer. The rates are subject to revision at any time by the Board of County Commissioners Budget Impact Analysis Item is an Expenditure Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: 0 CIP Project No: 40-B183505 Reviewed By Office of Capital Improvements Hector L Badia Department Head Review Completed 06/28/2022 6:42 PM Office of Management and Budget Lai -wan McGinnis Budget Analyst Review Completed 07/08/2022 6:46 PM Office of Management and Budget Marie Gouin Budget Review Completed 07/11/2022 3:57 PM DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 City Manager's Office City Manager's Office Legislative Division Department of Resilience and Office of the City Attorney City Commission Office of the City Clerk Nzeribe Ihekwaba Arthur Noriega V Valentin J Alvarez Public Works Victoria Mendez Nicole Ewan City Clerk's Office Deputy City Manager Review City Manager Review Legislative Division Review Joseph Murray Approved Form and Correctness Meeting Rendered Completed Completed Completed ACA Review Completed Completed Completed 07/12/2022 9:38 AM 07/12/2022 12:41 PM 07/12/2022 12:59 PM Completed 07/15/2022 5:01 PM 07/28/2022 9:00 AM 08/01/2022 6:33 PM DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 City of Miami Legislation Resolution Enactment Number: R-22-0300 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12204 Final Action Date:7/28/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI- DADE COUNTY'S WATER AND SEWER DEPARTMENT, IN SUBSTANTIALLY THE ATTACHED FORM, TO PROVIDE WATER AND SEWER SERVICES TO A NEW PUBLIC SWIMMING POOL THE CITY OF MIAMI INTENDS TO CONSTRUCT IN WEST END PARK LOCATED AT 6030 SOUTHWEST 2 STREET, MIAMI, AS PART OF OFFICE OF CAPITAL IMPROVEMENTS PROJECT NO. 40-B183505. WHEREAS, the City of Miami ("City") intends to construct a new public swimming pool in West End Park located at 6030 Southwest 2 Street, Miami, Florida ("Property") as part of Office of Capital Improvements ("OCI") Project No. 40-B183505 ("Project"); and WHEREAS, the Miami -Dade County Water and Sewer Department ("WASD") provides water and sewer services for the City at the Property; and WHEREAS, for the City to obtain permitting approval from WASD for the Project, a water and sanitary sewer agreement ("Agreement") must be executed between WASD and the City; and WHEREAS, this item is anticipated to have a neutral impact to the budget as the cost of the new water and sewer connections will be offset by the removal of existing connections with the only new fees being Two Hundred Thirty -Six Dollars ($236.00) for administrative fees associated with the Agreement; and WHEREAS the City Manager requests authorization to execute the Agreement, in substantially the attached form, for water and sanitary sewer services from WASD for the Project; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as fully set forth in this Section. Section 2. The City Manager is hereby authorized' to execute the Agreement, in substantially the attached form, with WASD for the provision of water and sanitary sewer services for the Project. Section 3. This Resolution shall become effective immediately upon its adoption. ' The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. DocuSign Envelope ID: 73671745-6618-499F-BA6B-CD1FC7C16D35 APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 7/15/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.