Res No 010-13-13828RESOLUTION NO. 10 -13 -13828
A Resolution relating to Stormwater Utility, authorizing the
City Manager to renew the agreement for a period of ten (10)
years after its date of execution for the billing of stormwater
charges between Miami Dade County and City of South Miami
originally entered on January 18, 2008.
WHEREAS, since October I, 2000, the City has been exclusively responsible
for operating and maintaining the stormwater utility system within the City's
boundaries, and;
WHEREAS, on January 18, 2008, the County and the City entered into an
agreement providing for the billing of stormwater charges by the County for the City,
and the County has since been administering, billing and collecting a stormwater utility
service charge simultaneously with the issuance of the County's bills for water and
sewer service; and;
WHEREAS, the City
desires the
County to
continue to administer, bill and
collect the stormwater utility service charge
on behalf
of the City, and;
WHEREAS, the County has agreed to continue to administer, bill and collect
the stormwater utility service charge on behalf of the City for a period of ten (10) years
after its date of execution, and;
WHEREAS, the period from the effective date of this agreement, a charge in
the amount of eighty -one cents ($0.81) per bill for all accounts to be charged the City's
stormwater utility service charge.
NOW THEREFORE BE
IT
RESOLVED BY
THE MAYOR AND CITY
COMMISSION OF THE CITY
OF
SOUTH MIAMI,
FLORIDA THAT;
Section 1. That the City Commission hereby authorizes the City Manager to
renew the agreement with Miami Dade County to continue to administer, bill and
collect the stormwater utility service charge on behalf of the City, for a period of ten
(10) years after its date of execution.
Section 2. That the City Commission hereby approves the attached
agreement for the billing of stormwater charges between Miami Dade County and City
of South Miami.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of January , 2013.
ATTEST:
APPROVED:
Page 1 of 2
Additions shown by underlining and deletions shown by ever -st =�ng.
Res. No. 10 -13 -13828
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Page 2 of 2
G
MAY R
COMMISSION VOTE: 5 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Harris: Yea
Commissioner Newman: Yea
Commissioner Welsh: Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 200'
To: The Honorable Mayor & Members of the City Commission
FROM: Alfredo Riverol, CPA, Cr.FA
DATE: December 4, 2012 Agenda Item No.:
ni
SUBJECT: A Resolution relating to Stormwater Utility, authorizing the Acting City
Manager to renew the agreement for a period of ten (10) years after its
date of execution for the billing of stormwater charges between Miami
Dade County and City of South Miami originally entered on January 18,
2008,
BACKGROUND: Since October I, 2000, the City has been exclusively responsible for
operating and maintaining the stormwater utility system within the City's
boundaries. On January 18, 2008, the County and the City entered into
an agreement providing for the billing of stormwater charges by the
County for the City, and the County has since been administering, billing
and collecting a stormwater utility service charge simultaneously with the
issuance of the County's bills for water and sewer service.
The City of South Miami desires the County to continue to administer,
bill and collect the stormwater utility service charge on behalf of the City.
The County has agreed to continue to administer, bill and collect the
stormwater utility service charge on behalf of the City for a period of ten
(10) years after its date of execution. The period from the effective date
of this agreement, a charge in the amount of eighty -one cents ($0.81) per
bill for all accounts will be charged the City's stormwater utility service
charge.
ATTACHMENTS: Resolution for approval.
Agreement for the Billing of Stormwater Charges between Miami Dade
County and City of South Miami.
AGREEMENT FOR THE BILLING OF
STORMWATER CHARGES
BETWEEN
MIAMI -DADE COUNTY
AND
CITY OF SOUTH MIAMI
THIS AGREEMENT, entered into this _ day of 2013, by and between the CITY OF SOUTH
MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "CITY "), and MI,A.MI -DADE
COUNTY, a political subdivision of the State of Florida (the "COUNTY ").
WITNESSETH:
WHEREAS, the
COUNTY,
through its Miami -Dade
Water and Sewer Department (the
"Department "), operates
the water
and sewer utility systems
within
the CITY; and
behalf
WHEREAS,
since October 1, 2000, the CITY
has been
exclusively responsible for operating
and maintaining the
stormwater utility system within
the CITY's
boundaries; and
WHEREAS, on January 18, 2008, the COUNTY and the CITY entered into an agreement
providing for the billing of stormwater charges by the COUNTY for the CITY, and the COUNTY has
since been administering, billing and collecting a stormwater utility service charge simultaneously
with the issuance of the COUNTY's bills for water and sewer service; and
WHEREAS, the CITY desires the COUNTY to continue to administer, bill and collect the
stormwater utility service charge on behalf of the CITY; and
WHEREAS, the
COUNTY
has agreed
to continue to administer, bill and collect the
stormwater utility
service
charge
on
behalf
of
the
CITY,
NOW, THEREFORE, in consideration of the premises and mutual covenants and
agreements set forth herein, it is agreed:
Section 1, The CITY, jointly with the COUNTY, will designate and cause to be identified
from time to time the water and sewer service accounts of the Department which thereafter, under
the rules and regulations of the CITY, shall be billed for stormwater utility service charges. The
CITY shall designate the rate classifications applicable thereto in writing in a format acceptable to
the COUNTY. The COUNTY shall act thereon until such designations and classifications are
changed in writing by the CITY. The CITY understands and accepts that the COUNTY shall
consider the person or persons whose names appear on the COUNTY's water and sewer service
account as the persons responsible for the stormwater utility service charges at the location
involved.
Section 2. The CITY shall deliver to the COUNTY, a minimum of thirty (30) calendar
days in advance of the effective date, its schedule of rates and any revisions of such schedule of
rates by furnishing to the Department's Assistant Director of Finance a certified copy of the
ordinance or other action of the CITY promulgating said revised schedule of rates. Until the
COUNTY is so furnished with a revised schedule, the COUNTY shall act upon the prior delivered
Stormwater Billing Agreement 1
City of South Miami
10/31/2012
schedule. The stormwater utility service charge shall be prorated in accordance with the revised
schedule of rates. No security deposits shall be collected by the COUNTY nor shall delinquent
penalty charges be imposed by the COUNTY on the stormwater utility charge.
Section 3. The COUNTY agrees, during the COUNTY YIs regular and periodic billing
procedures, to cause to be billed and collected from each water and sewer customer under said
accounts, as an added and designated separate item on the bill, the stormwater utility service
charge, according to the schedule of rates established by the CITY for such customer. During the
term of this Agreement, this shall be the exclusive method for billing stormwater utility service
charges by the County; no separate bills shall be issued, except for those bills that may be
generated by the CITY. The CITY authorizes and empowers the COUNTY to render such billing for
the CITY'S account and on the payment thereof to give receipt and acquittance therefore, either by
endorsement of payment upon such billings or by separate receipt. Upon the initial billing by the
COUNTY to each user of stormwater utility service and at any time during the term of this
Agreement, as deemed necessary by the COUNTY or the CITY, the CITY shall at its sole cost and
expense and independent of this Agreement, advise such user of the method and arrangement
between the CITY and the COUNTY for the billing and collection of said charge by the COUNTY for
and on behalf of the CITY as the CITY'S agent. Furthermore, the CITY shall notify its stormwater
utility users of future rate increases. The COUNTY shall not be responsible for the notification of
new owners, occupants or tenants that there is a stormwater utility service charge.
Section 4. The COUNTY agrees to observe the same diligence, policy and procedure in
the billing and collection of stormwater utility service accounts as is used by the COUNTY in billing
and collecting its water service accounts, except that the COUNTY shall not terminate water and /or
sewer service for non - payment of stormwater utility service charges, except when account balances
exceed an amount to be determined by the Department, nor shall it institute or maintain suits at law
for collection of stormwater utility service charges. The COUNTY may provide water and sewer
service to customers irrespective of said customer's failure to pay the applicable stormwater utility
charge. The COUNTY shall not be responsible for the billing of accounts that are inactive. The
COUNTY shall not file any liens on property for the collection of the stormwater utility charges.
Legal actions for non - payment of stormwater utility charges shall be the sole responsibility of the
CITY.
Section 5. The COUNTY will keep correct and proper books of accounts, showing
monthly gross billings of stormwater utility service charges, and shall provide to the CITY a monthly
statement in writing, showing the net amount owed the CITY by the COUNTY for the month covered
by such statement. The COUNTY shall provide this statement and the remittance due the CITY
within sixty (60) days of the end of each monthly period. Based on such statement, the COUNTY
shall make payment to the CITY of the amount due, less the COUNTY's compensation for the billing
and collection of said charges and less any other payments or deductions as hereinafter specifically
provided in Sections 6 and 9 of this Agreement. Furthermore, the COUNTY'S billing system may
also be capable of monthly billing to all water and sewer customers in the future.
The CITY agrees that the COUNTY shall remit monthly payments based on the collection of
stormwater utility service charges, when the COUNTY's billings system is capable of this method of
remittance on all accounts.
Section 6. Adjustments for uncollected stormwater billings shall be made on a regular
basis, at least annually or when write -offs occur, as a deduction provided in Section 5.
Stormwater Billing Agreement 2
City of South Miami
10/31/2012
Section 7. Upon written request from the CITY, the COUNTY shall make available for
inspection or audit by the CITY and its representatives at any reasonable time all of its records
pertaining to the COUNTY's actions under this Agreement as agent for the CITY and shall also
furnish to the CITY such information concerning the administration of this Agreement as the CITY
may reasonably request, including information as to delinquent stormwater utility charges and
accounts not currently being billed. Should the CITY, in any audit of the COUNTY's records, find a
discrepancy between the amount of funds remitted to the CITY and the actual billing and collection
by the COUNTY, the COUNTY shall within 30 days of receipt of written notification from the CITY,
remit to the CITY the sums owed.
Section 8. Both the CITY and the COUNTY recognize that in the billing and collection of
stormwater utility service charges involving thousands of customers, numerous situations arise that
require discretion. The CITY agrees with the COUNTY that the COUNTY may use its bestjudgment
in such instances. The COUNTY's method or manner of handling such situations shall not be
considered as negligence under or independent of the terms and conditions of this Agreement or as
a breach thereof, and the COUNTY shall not be liable or responsible to the CITY for any loss in
stormwater utility service charge revenues by reason of the COUNTY's discretionary handling of
such situations. Specifically, the COUNTY shall have the right to remove or adjust the stormwater
utility service charge from a customer's bill if the customer provides proof acceptable to the
COUNTY that he or she was not the owner, occupant or tenant of the property on the date that the
stormwater utility service charge was applied. Except as otherwise specified in this Section, any
adjustments to accounts assessed a stormwater utility service charge shall be initiated solely by the
CITY and provided to the COUNTY in writing.
Section 9. The CITY agrees to pay to the COUNTY, and the COUNTY shall receive from
the CITY, by means of deduction from payments for monthly billings, compensation determined as
follows:
A. For the period from the effective date of this Agreement, until the Agreement
is modified pursuant to Section 10 hereinafter, a charge in the amount of
eighty -one cents ($0.81) per bill for all accounts to be charged the CITY'S
stormwater utility service charge; and
B. The costs and expenses incurred and paid by the COUNTY during the
preceding month in defending legal actions brought against the COUNTY by
any person, firm or corporation, excluding the CITY, involving billing or
collection of stormwater utility service charges on behalf of the CITY, or
involving the COUNTY's administration of the terms and conditions of this
Agreement.
The COUNTY shall notify the CITY in writing of any legal claims filQd against
the COUNTY pertaining to the COUNTY's billing and collection of the CITY'S
stormwater utility service charges within thirty (30) working days of receipt of
any claim. The CITY shall defend and indemnify the COUNTY on any such
claims. However, the CITY is not required to indemnify the COUNTY on a
claim to the extent that such damages are solely due to the negligence of the
COUNTY or any claim involving dishonesty or theft by a COUNTY employee.
Section 10,
The COUNTY reserves the right to review and revise
the charges provided for
in Section 9 (A)
hereinabove, and the CITY agrees to be
bound thereby,
provided the COUNTY
Stormwater Billing Agreement 3
City of South Miami
10/31/2012
provides ninety (90) days notice to the CITY of said proposed revised charges.
Section 11. All telephone calls and correspondence from customers regarding the
stormwater utility service charge shall be the responsibility of the CITY. The COUNTY shall cause
the telephone number for the CITY, as provided by the CITY, to be printed on the COUNTY's regular
bill stock.
Section 12. The CITY agrees that the COUNTY shall not be held liable for any damage,
delay or other loss that the CITY may experience as a result of the COUNTY's practices in
administering this Agreement, unless such loss arises solely as a result of negligence by the
COUNTY, its employees or agents.
Section 13. It is understood and agreed between the CITY and the COUNTY that the
COUNTY's obligation is limited to billing and collection of stormwater utility service charges as
specifically provided for in this Agreement.
Section 14. The CITY shall not allow or permit construction or installation of any
connections of stormwater mains that allow stormwater to enter the COUNTY's sanitary sewer
system. The CITY agrees to use its best efforts to detect and lawfully disconnect all stormwater
connections to the COUNTY's sanitary sewer system within the CITY'S jurisdiction and submit,
within ninety (90) days of the execution of this Agreement, a timetable for the elimination of such
stormwater connections which is reasonably acceptable to the COUNTY.
Section 15. This Agreement shall be binding upon the respective successors and assigns
of both the CITY and the COUNTY.
Section 16. All references to the CITY under this Agreement that require direction to the
CITY shall mean the City Manager or his designee. Whenever written notice to the CITY is
required, it shall be sent by Certified Mail, Return Receipt Requested, to:
CITY of South Miami
6130 Sunset Drive
South Miami, Florida, 33143
(Attention: CITY Manager)
Whenever written notice to the COUNTY is required, it shall be sent by Certified Mail,
Return Receipt Requested, to:
Miami -Dade County
Miami -Dade Water and Sewer Department
3071 S. W. 38th Avenue
Miami, Florida 33146
(Attention: Assistant Director - Finance)
Section 17. This Agreement shall remain in full force and effect for a period of ten (10)
years after its date of execution. This Agreement may be extended at that time by written request
from the City Manager to the Department's Director and mutual agreement by the Department,
without which it shall terminate. Notwithstanding the above provisions, this Agreement shall
terminate and be cancelled without furtherwritings between the CITY and the COUNTY upon either
Stormwater Billing Agreement 4
City of South Miami
10/31/2012
party providing ninety (90) days notice in writing to the other party so advising the other party.
Notwithstanding the provisions of this Paragraph, should the COUNTY fail to timely bill the
CITY'S customers in accordance with the agreed upon billing cycles and rates or fail to remit
payment to the CITY in the timeframes specified in Section 5, the CITY may terminate this
Agreement on thirty (30) days written notice to the COUNTY.
IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and
year first above written.
ATTEST:
HARVEY RUVIN,
CLERK OF THE BOARD
BY:
Deputy Clerk
ATTEST:
BY:
City Clerk
Approved as to form and legal
sufficiency:
Assistant County Attorney
Stormwater Billing Agreement
City of South Miami
10/31/2012
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
BY:
County Mayor
CITY OF SOUTH MIAMI
I 00YA
City Manager
Approved as to form and legal
sufficiency:
Attorney for City of South Miami
5
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4111AMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal r •.
Mlarnts l0lairil-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADS:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - JANUARY 8, 2013
in the XXXX Court,
was published in said newspaper in the issues of
12/28/2012
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and afflant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, reb ,- tantrrf or refund for the purpose
of securinxiLsement for ublicatiori in the said
Sworn to apd�ibed before me this
28 day of DECEMBER , A.D. 2012
MARIA MESA personally known to me
P��eq� Notary Public State o� F io
�I a Cheryl H Marmar
�e My commis si
n� on EE 189528
v d5 Expires 07/18/2016