Item Coversheet

CITY OF RIVIERA BEACH CITY COUNCIL
AGENDA ITEM SUMMARY

Meeting Date: 5/12/2021 
Agenda Category:

Subject: 

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF RIVIERA BEACH UTILITY SPECIAL DISTRICT, PALM BEACH COUNTY, FLORIDA, AUTHORIZING THE DISTRICT CHAIRPERSON AND DISTRICT CLERK TO APPROVE AND EXECUTE THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF RIVIERA BEACH UTILITY SPECIAL DISTRICT AND THE TOWN OF MANGONIA PARK FOR DISPUTED FEES RELATED TO THE AGREEMENT FOR THE PROVISION OF WASTEWATER SERVICE; AND PROVIDING AN EFFECTIVE DATE. DAWN S. WYNN, DISTRICT ATTORNEY 561-845-4069


Recommendation/Motion: 

OFFICE OF THE CITY ATTORNEY RECOMMENDS APPROVAL.


Originating Dept DISTRICT ATTORNEY  Costs NOT APPLICABLE 
User Dept. Funding Source
AdvertisedNo Budget Account Number
Date   
Paper   
Affected PartiesNot Required   

Background/Summary: 

On October 19, 2005, the City of Riviera Beach Utility Special District (hereinafter “District”) and the Town of Mangonia Park (hereinafter “Town”) entered into an Agreement for Provision of Wastewater Service, whereby the District agreed to provide wastewater transmission, treatment, and disposal utility services for the Town’s wastewater utility system (hereinafter the “Agreement”).

The District intended not to renew its contract with the Town due to a dispute over the applicable wastewater service rate under the Agreement since 2018.  Pursuant to the terms of the Agreement, the District provided notice to the Town that the District did not intend to renew the Agreement, and the Agreement expired on October 19, 2020.

 

The District has continued to provide wastewater services to the Town as provided for in the Agreement.

 

The District and the Town now desire to enter into the attached Settlement Agreement and Release (“Settlement Agreement”), providing that the Town shall pay the District a lump sum payment of Fifty Thousand Dollars ($50,000.00) and the District will continue to provide wastewater services to the Town at a rate of $6.09 per thousand gallons for a term of twenty four (24) months while the parties discuss and negotiate in good faith toward a new wastewater service agreement, amongst other conditions as detailed within the Settlement Agreement.

 

Counsel for the District and the Town have negotiated this matter and on May 6, 2021, the Town Council approved and executed the Settlement Agreement. 

 
Fiscal Years
Capital Expenditures
Operating Costs
External Revenues
Program Income (city)
In-kind Match (city) 
Net Fiscal Impact
NO. Additional FTE Positions
(cumulative)

III. Review Comments

A. Finance Department Comments:
 
B. Purchasing/Intergovernmental Relations/Grants Comments:
 
C. Department Director Review:
Contract Start Date 
Contract End Date
Renewal Start Date
Renewal End Date
Number of 12 month terms this renewal
Dollar Amount
Contractor Company Name
Contractor Contact
Contractor Address
Contractor Phone Number
Contractor Email
Type of Contract
Describe
ATTACHMENTS:
File NameDescriptionUpload DateType
MEMO_to_Mayor__Chairperson__Board_Mangonia_Park_Settlement_Agreement.docxMemo to Mayor, Chairperson, District Board5/7/2021Cover Memo
Resolution_to_Approve_Settlement_Agreement_Mangonia_Park_FINAL.docxResolution to Approve Settlement Agreement with Mangonia Park5/10/2021Resolution
Settlement_Agreement_and_Release_05-07-21.pdfSettlement Agreement5/7/2021Agreement
REVIEWERS:
DepartmentReviewerActionDate
AttorneyWynn, DawnApproved5/10/2021 - 7:21 PM
PurchasingPemsel, AltheaApproved5/11/2021 - 1:34 PM
Financesherman, randyApproved5/11/2021 - 1:44 PM
AttorneyWynn, DawnApproved5/11/2021 - 2:02 PM
City ClerkRobinson, ClaudeneApproved5/11/2021 - 2:03 PM
City Manager Monroe, LuecindaApproved5/11/2021 - 2:07 PM