Res. No. 087-01-11235RESOLUTION No.:7-01-11235
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,AUTHORIZING AND DIRECTING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH MIAMI-DADE COUNTY
FOR THE BILLING OF STORMWATER CHARGES.
WHEREAS,theCity Commission of theCity of SouthMiami,Florida,requestedthatthe
Countyadminister,billandcollectstormwaterutilityservicecharges simultaneously with
the issuance of the County's billsfor water and sewer service;and
WHEREAS,theCounty,throughitsMiami-DadeWaterandSewer Department operates
the water and sewer utility systems withintheCity;and
WHEREAS,as of October1,2000,theCityhasbeenexclusivelyresponsiblefor
operatingand maintaining the stormwater utilitysystemwithintheCitylimits;and
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,that:
Section 1:TheCity Manager isauthorizedtoenterintoan agreement withMiami-Dade
County forthe Billing of Stormwater charges.
Section2:ThattheattachedAgreementfortheBilling of Stormwater Chargesbetween
Miami-Dade County andCity,bemadeapart of the resolution.
PASSEDANDADOPTEDthis 12th
ATTEST:
CITY CLERK ^
READ AND APPROVED AS TO FORM:
J^t /£>.G.'**//*.
CITY ATTORNEY
day of June
APPROVED:
2001.
MAYOR
Commission Vote:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
4-0
Yea
Yea
out of room
Yea
Yea
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:Mayor and City Commission Date:June 7,2001
Agenda Item #t mm
Comm Mtg.06-12-01
Re:Authorization to enter into Agreement
with Miami-Dade County fortheBilling of
Stormwater charges.
From:Charles D.Scurr
City Manager J cmaI
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO
AN AGREEMENT WITH MIAMI-DADE COUNTY FOR THE BILLING OF STORMWATER
CHARGES.
BACKGROUND:
With approved Ordinance No.:26-00-1728 theCity established Stormwater Utility program that
givestheCity exclusive responsibilities for operations and maintenance ofthe stormwater utility
systemusingservicescharges.TheattachedrecommendedagreementbetweenMiami-Dade
CountyandtheCitywillallow Miami-Dade CountyWaterandSewerDepartmenttobillthe
residents theestablishedservicerates.TheCountyshallthenmakepaymenttotheCityfor
chargescollectedlesstheCounty's compensation forthebillingandcollectionofsaidcharges,
as established inthe attached proposed agreement.
RECOMMENDATION:
ItisrecommendedthattheCityCommissionapprovetheexecution of theagreement.
ATTACHMENTS:
Proposed Agreement
AGREEMENT FORTHE BILLING OF
STORMWATER CHARGES
BETWEEN
MIAMI-DADE COUNTY
AND
CITY OF SOUTH MIAMI
THIS AGREEMENT entered into this day of 2001
by and between the CITY OF SOUTH MIAMI"",FLORIDA,a municipal
rnS£vatl°n °f.!he ftate °f Florida ^he "CITY"),and MIAMI-DADE"COUNTY")*P°lltlCal subdivi*ion of the State of Florida (the
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
WHEREAS,as of October 1,2000,the CITY has been exclusively
responsible for operating and maintaining the stormwater utility
systemwithintheCITY boundaries,and
•WHERLAS,the CITY has requested the COUNTY to administer,bUl
and collect a stormwater utility service charge simultaneously with
the issuance of the COUNTY'S bills for water and sewer service;
NOW,THEREFORE,in consideration of mutual advantages,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 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
utilityservicechargesatthe location involved.
Section 2.The CITY shall deliver tothe COUNTY a minimum
of thirty (30)calendar days in advance of the effective date its
schedule of rates andany revisions of such schedule of rates by
South Miami Stormwater
6/8/01
f!^Shin<?S ^™UNTY a certifi^copy of the ordinance or otheractionoftheCITYpromulgatingsaidrevisedscheduleofrates
COUNTY shali°^TY '"X fUrnis*ed with a revised schedule 'theCOUNTYshallactuponthepriordeliveredschedule.The stormwater
utility service charge shall not be prorated due to a revised
schedule of rates,but the new rates shall be applied to the next
county ^C°T?.Sha11 C°lleCt n°security deposits nor shall theCOUNTYimposedelinquentpenaltychargesonthestormwaterutility
charge.y
Section 3.The COUNTY agrees,during the COUNTY'S 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.This shall be the
exclusive method for billing stormwater utility service charges;
here forth,no separate bills shall be issued.The CITY authorizes
and empowers the COUNTY to render such billing for the CITY'S
account and on the payment thereof,acknowledges receipt of payment
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 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.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 service accounts as is used by the COUNTY in billing and
collecting its water and sewer service accounts,except that the
COUNTY shall not terminate water and/or sewer service for non
payment of stormwater utility service charges,nor shall it
institute or maintain suits at law for collection of stormwater
utility service charges.The COUNTY shall not be responsible for
the billing of stormwater utility charges for accounts that are
inactive.When the COUNTY'S water and sewer accounts become
inactive,the COUNTY shall not pursue any further collection of the
CITY'S stormwater utility charges.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.
South Miami Stormwater
6/8/01
Section 5.The COUNTY will keep correct and proper books
of account,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.This statement shall be
provided 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 provided in this Agreement.
Section 6.For billings performed from October 1,2000
through the expiration of this agreement,the stormwater billings
and remittance totheCITY shall be as shown below:
A.Quarterly billings represent service rendered for the
previous 90 day period and shall be prorated for a period
from October 1,2000 through December 31,2000,as
follows:
October2000-83.3%of the revenue billed shall be
retained by the COUNTY and 16.7%shall be remitted to the
CITY.
November,2000-50%ofthe revenue billedshallbe
retainedbytheCOUNTYand 50%shallberemittedto
the CITY.
December,2000-16.7%oftherevenuebilledshallbe
retained bythe COUNTY and 83.3%shall be remitted to the
CITY.
B.Monthlybillingsrepresentservicerenderedforthe
previous30-day period,therefore,forthemonthof
October,2000,the revenue billed shall be prorated and
50%of the revenue shall be retained by the COUNTY
and 50%ofthe revenue shall beremittedtothe CITY.
C.For monthly and quarterly billings performed from
November 1,2000 and January 1,2001,respectively,to the
terminationofthe Agreement,100%ofthebilledamounts
will be paid to the CITY less the deduction as provided
in Section 5.
Section 7.Adjustments for uncollected stormwater billings
shall be made on a regular basis,at least annually,as a deduction
provided in Section '5.~
Section 8.-Upon written request fromthe CITY,the COUNTY
shall make available for inspection or audit by the CITY and its
representatives at any reasonable time all ofits records
pertaining to the COUNTY'S actions under this Agreement as agent
for the CITY and shall also furnish tothe CITY such information
concerning the administration of this Agreement as the CITY may
South Miami Stormwater
6/8/01
reasonably request,including information as to delinquent
stormwater utility charges.4
Section 9.Both the CITY and the COUNTY recognize that in
the billing and collection of service charges involving thousands
of customers,numerous situations arise which require discretion
The CITY agrees with the COUNTY that the COUNTY may use its best
judgment in such instances.The COUNTY'S method or manner shall
not be considered as negligence under or independent of the terms
and conditions of this Agreement 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 when the stormwater utility service charge was
applied.However,COUNTY shall advise the CITY of all adjustments
to CITY accounts as part of the statements provided pursuant to
Section 5.Except as noted above,any adjustments to accounts
assessed a stormwater utility service charge shall be initiated by
the CITY and provided to the COUNTY in writing.
Section 10.The CITY agrees to pay to the COUNTY and the
COUNTY shall receive from the CITY,by means of deduction from the
first payment for monthly billings,compensation determined as
follows:
A.Reimbursementintheamountof$500.00totheCOUNTYcosts
incidental totheCOUNTYforcosts incidental tothe
COUNTY'S establishment of the records necessary for the
COUNTY to bill stormwater utility service charges or
accounts for and on behalf of the CITY and as the agent of
the CITY,including but not limited to (1)payroll cost and
related overhead costs;(2)equipment purchased for the
exclusive use of maintaining records necessary for billing
said charges;(3)cost of all changes in COUNTY'S billing
equipment to make feasible the COUNTY'S billing for
stormwater utilityservice charges.Thisamountshallbe
deducted from thefirst remittance to the CITY under the
terms of this agreement.
B.Fortheperiodfromthedateofthisagreementuntil
Modified pursuant to Section 11 hereinafter,a charge in
Amountofeighty-sevencents ($0.87)perbillforall
accounts tobe charged the stormwater utility charge.
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6/8/01
C.Reimbursement to the COUNTY for all 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
conditionsofthisAgreement.
D.Reimbursement in the amount of $1,000.00 for costs
associated with converting the CITY'S stormwater utility
service information and charges to any new billing
system,which maybe acquired bythe COUNTY.This amount
shall be deducted from the first remittance to the CITY
following the COUNTY'S implementation of a new billing
system.At such time as a new billing system is
implemented,the COUNTY reserves the right to remit
stormwater utility chargestotheCITY based on
collections,not billings.
Section 11.The COUNTY reserves the right to review and
revise the charges provided for in Section 10(B)hereinabove in
accordance with applicable law and the CITY agrees to be bound
thereby,provided the COUNTY provides 90 days notice to CITY of
saidproposedrevised charges.
Section 12.All phone calls and correspondence regarding
the stormwater utility 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 upon depletion of the COUNTY'S current billing stock.
Section 13.TheCITY agrees that theCOUNTY shall notbe
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.
Section 14.This Agreement shallremaininfullforceand
effect until October 1,2005.This Agreement may be extended at
that time by mutual consent of the parties hereto,without which it
shall terminate.Notwithstanding the above provisions,this
Agreement shall terminate and be cancelled without further writings
between the CITY and the COUNTY upon either party providing nine
(9)months'notice in writing to the other party so advising the
other party.
South Miami Stormwater
6/8/01
Section 15.It is understood and agreed between the cttyandtheCOUNTYthattheCOUNTY'S obligation9 is limfted to billing
and collection of stormwater utility charges as specificallyprovidedforinthisAgreement..t^iiicaiiy
§Section 16.The CITY shall not allow or permit construction
or installation of any connections of stormwater mains,which allow
stormwater to enter the COUNTY'S sanitary sewer system.The CITY
agrees to effectuate the lawful disconnection of interconnections
between the CITY's stormwater mains and the COUNTY'S sanitary sewer
system m conformance with local,state and federal laws when said
interconnections are discovered.
Section 17.This Agreement shall be binding upon the
respective successors and assigns of both the CITY and the COUNTY.
Section 18.Whenever written notice to the CITY is
required,it shall be sent by Certified Mail,Return Receipt
Requested,to The CITY of SOUTH MIAMI,CITY Hall,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,4200 Salzedo Street,Coral
Gables,Florida 33146,(Attention:Director).
IN WITNESS WHEREOF,the parties hereto have executed these
presentsasofthedayand yea,,firstabovewritten.
MIAMI-DADE COUNTY
ATTEST:
BY:BY:
CLERK COUNTYMANAGER
ATTEST:CITY OF SOUTH MIAMI
BY:BY:
CITY CLERK CITY MANAGER
Approved as to form and legal Approved as to form and legal
sufficiency:sufficiency:
ASSISTANT COUNTY ATTORNEY CITY ATTORNEY
South Miami Stormwater
6/8/01