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08-21-07 Item 9South Miami H- AmedcaCity CITY OF SOUTH MIAMI ' I r OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: W. Ajibola Balogun, REM, CFEA, Director Public Works & Engineering Department Date: August 21, 2007 Agenda Item No.: Subject: Executing Agreement with Miami -Dade County Water & Sewer Department for the billing of Storm water Charges for the City. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI -DADE COUNTY WATER AND SEWER DEPARTMENT FOR THE BILLING OF STORMWATER CHARGES ON BEHALF OF THE CITY; PROVIDING AN EFFECTIVE DATE Request: Authorizing the City Manager to execute Storm water billing agreement with Miami -Dade County. Reason/Need:In 2001, the City entered into an agreement with the County to provide billing of stormwater charges for the City. The agreement allowed the County to administer, bill and collect stormwater utility service charge simultaneously with the issuance of the County's bills for water and sewer service. The agreement executed in 2001 has since expired. With the attached agreement, the County's Water & Sewer Department would continue the billing service for the City. Cost: N/A Funding Source: N/A Backup Documentation: ❑ Proposed Resolution. ❑ Proposed Billing Agreement with Miami -Dade WASD ❑ Copy of expired Agreement with Miami -Dade WASD RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MIAMI -DADE COUNTY WATER AND SEWER DEPARTMENT FOR THE BILLING OF STORMWATER. CHARGES ON BEHALF OF THE CITY; PROVIDING AN EFFECTIVE DATE WHEREAS, the Mayor and City Commission wishes to secure Miami -Dade Water & Sewer Department's services for the billing of Stormwater charges; and WHEREAS, Miami -Dade County Water & Sewer Department will provide the billing service for a period of five (5) years from the execution date of the agreement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute agreement with Miami -Dade County for the billing of Stormwater charges on behalf of the City. Section 2: The attached agreement is made a part of the resolution. PASSED AND ADOPTED this day of , 2007. ATTEST: APPROVED: CITY CLERK MAYOR READ AND APPROVED AS TO FORM: Luis R. Figueredo, Nagin Gallop & Figueredo, P.A. Office of City Attorney COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Palmer: Commissioner Birts: Commissioner Beckman: AGREEMENT FOR THE BILLING OF STORMWATER CHARGES BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI THIS AGREEMENT, entered into this _ day of , 2007, by and between the CITY OF SOUTH MIAMI, FLORIDA, a municipal corporation of the State of Florida (the "CITY "), and MIAMI - 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 WHEREAS, effective October 1, 2000 the CITY has been exclusively responsible to operate and maintain the stormwater utility system within the CITY boundaries, and WHEREAS, on September 24, 2001 the COUNTY and the CITY entered into an agreement providing for the billing of stormwater charges by the COUNTY for the CITY and has 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 WHEEAS, on February 23, 2005, the COUNTY and the CITY entered into Amendment Number One to the agreement providing for a one time billing service by the COUNTY to the CITY for the CITY's garbage container charge, and WHEREAS, the CITY desires the COUNTY to continue to administer, bill and collect the stormwater utility service charge on behalf of the CITY; 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 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 COU NTY'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 schedule. The Stormwater Billing Agreement City of South Miami 05/18/07 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'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 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. The COUNTY shall not be responsible for the notification of new owners, occupants or tenants that there is a stormwater utility service charge. Furthermore, the CITY shall notify its stormwater utility users of future rate increases. 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 Paragraphs 6 and 9 of this Agreement. 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. Section 6. Adjustments for uncollected stormwater billings shall be made on a regular basis, as a deduction provided in Section 5. 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 Stormwater Billing Agreement 2 City of South Miami 05/18/07 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 thirty (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 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 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. However, the COUNTY shall advise the CITY of all adjustments to CITY accounts as part of the monthly statements provided pursuant to Section 5. Except as otherwise specified in this paragraph, 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 this agreement is modified pursuant to Section 10 hereinafter, a charge in the amount of eighty -seven cents ($0.87) per bill for all accounts to be charged the CITY's stormwater utility service charge; and B. 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 conditions of this Agreement. The COUNTY shall notify the CITY in writing of any legal claims filed against the COUNTY pertaining to the COUNTY's billing and collection of the CITY's stormwater fees within thirty (30) working days of receipt of any claim. The CITY shall have the option to defend the COUNTY on any such claims and settle or compromise the same unless such a claim involves employee dishonesty or theft. 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 provides ninety (90) days notice to CITY of said proposed revised charges. Stormwater Billing Agreement City of South Miami 05/18/07 Section 11. All telephone calls and correspondence from customers 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. Section 12. The CITY agrees that the COUNTY shall not be held liable for any damage, delay or other loss which the CITY may experience as a result of the COUNTY's practices in administering this Agreement, unless such loss arises from negligence of 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 which 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 COUNTY 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 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, 3071 S. W. 38tn Avenue, Miami, Florida 33146, (Attention: Assistant Director - Finance). Section 17. This Agreement shall remain in full force and effect for a period of five (5) years after its date of execution. This Agreement may be extended at that time by written request from the CITY to the Department's Assistant Director — Finance and mutual agreement by the Department, 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 six (6) months 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 Paragraph 5 or 9, the CITY may terminate this Agreement on thirty (30) days written notice to the COUNTY. Stormwater Billing Agreement City of South Miami 05/18/07 IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. MIAMI -DADE COUNTY ATTEST: BY: Clerk ATTEST: AN CITY Clerk Approved as to form and legal sufficiency: Assistant County Attorney Stormwater Billing Agreement City of South Miami 05/18/07 BY: County Mayor CITY OF SOUTH MIAMI BY: City Manger Approved as to form and legal sufficiency: CITY Attorney 5 AGREEMENT FOR THE BILLING or STORMWATER CHARGES BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI. THIS AGREEMENT entered into this r by Gnd between the CITY OF SOUTH MIAMI, day ox a muni200I, corporation of the State of Florida �„ (`he CITY ), and MIAMI COUNTY, a political subdivision of the State of Florida "COUNTY ") (the W I -1—N _ES S E T H: WHEREAS, the COUNTY, through its Miami -Dade Water and Sewer Department (the "Department "), operates the water and sewer utility systems within the CITY; and y WHEREAS, as of October 1, 2000, the CITY has been exclusively responsible for operating and maintaining the stormwater utility system within the CITY boundaries, and HEREAS, the CITY has requested the admi and collect a stormwater utility service cha simultaneously , with rge tc nister bi?1 the issuance of the COUNTY'S bills for water and sewer service; NOW, THEREFORE, in consideratio;r, of mutual advantages, it is agreed: Section 1. The CITY y � :lointl with the COUNTY, will designate and cause id f to be identified time to time the water and sewer. service accounts of the Department which then under the rules and regulations of the CITY eafter, stormwater utility service charges. , Shall be billed for rate classifications applicable r The CITY shall designate the The COUNTY shall r thereto e.to in writing to the COUNTY. act the-eon until such designations and classifications are changed in writing by e CITY, understands and accepts that the COUNTY shall ons r The CITY or Persons whose names appear ider the persor, service account as the persons responsible untyfs water and sewer Utility service charges at the location i elvedy the stormwater Section 2. The CITY shat= Of thirty (30) calendar days ;, n deliver the COUNTY schedule of Y advance of the eff rates _ates and any revisions of such schedule of South Miami Stormwater 6/8/0 ] a mir_imu:r. date its rates by furnishing to the COUNTY a certified co action of the CITY promulgating said revised schedulec of rates or oth Until the COUNTY is so furnished with a revised schedule, the COUNTY shall act upon the prior delivered schedule. The stormwater Utility service charge shall not be prorated du to a schedule of rates, but the new rates shall be applied to the revise bill. The COUNTY shall collect no security deposits nor shall the COUNTY impose delinquent penalty charges on the stormwater utility charge. Section 3. The COUNTY agrees, during the COUNTY and periodic billing procedures, to cause to be billedguand 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 se r exclusive method for billing stormwater Utility here forth, no separate bills shall be issued. 1tThe TY e charges; and empowers the COUNTY to render such billing authorizes account and on the pa g nor he CITY'S yment thereof, acknowledges receipt of payment by endorsement of payment upon such billings or b receipt. Upon the initial billing Y separate stormwater utility service and at any during he term ofethis 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 G 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 riot be responsible for the notification of new owners, occupants or tenants that there is a stormwater utility service charge. Section 4. The COUNTY agrees r diligence, nd g ees to observe the same y procedure in the billing, and collection, of stormwater service accounts as is used by the COUNTY in billing and collect *ng 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 net 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 charges. Legal actions for non- utility charges shall be the sole responsibility of the CITY. stormwater utility South Miami Stormwater 6/8/01 7 Section 5. The COUNTY will kee of account, showing p correct and proper books service charges, and shall y gross billings of stormwater utility Provide in writing, showing the net amount owed hthe lCITY COUNTY statement hall b the month covered by such statement. This statement s r provided within sixty (60) days of the end of each monthly y Based on such statement, the COUNTY shall make payment to the rCITY of the amount due, less the COUNTY'S compensation for the biilinu 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 to the CITY 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: October 2000 - 83.3E of the revenue billed shall be retained by the COUNTY and 16.7% shall_ be remitted to the CITY. November, 2000 -50% of the revenue billed shall be retained by the COUNTY and 50% shall be remitted to the CITY. December, 2000 - 16.7!i of the revenue billed shall be retained by the COUNTY ana 83.3E shall be remitted to the CITY. S. Monthly billings represent service rendered for the previous 30 -day period, therefore, for the month of October, 2000, the revenue billed shall be prorated and 50% of the revenue shall be retained by the COUNTY and 50% of the revenue shall be remitted to the CITY. C. For monthly and quarterly billings performed from November 1, 2000 and January 1,2001, respectively, to the termination of the Agreement, 100E of the billed amounts will be paid to the CITY less the deduction as provided in Section S. 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 $. 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 reccrds 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 South'Miami Stormwater 6/8/01 reasonably request, including information as to delinquent stormwater utility charges. 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 l0. The CITY agrees to pay to the COUNTY and the COUNTY shall receive from the CITY, by means of dedu.tion from the first payment for monthly billings e follows : comp�nsa o dete*-;,; ned as A. Reimbursement in the amount of $E00.00 to the COUNTY costs incidental to the COUNTY for costs incidental to the 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 txclusive use of maintain-ng 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 utility service charges. This amount shall be deducted from the first remittance to the CITY under the terms of this agreement. B. For the period from the (date of this agreement ur.til Modified pursuant to Section 11 hereinafter, a charge in Amount of eighty -seven cents ($0.87) per bill for all accounts to be charged the stormwater utility charge. South Miami Stormwater 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 bilking 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. 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 may be acquired by the COUNTY. This amount shall be deducted from the first :remittance to the CITY following the COUNTY'S implementation of a new billina system. At such time as a new billing system is implemented, the COUNTY reserves the right to remit stormwater utility charges to the CITY 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 said proposed revised 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. The CITY agrees that the COUNTY shall not be held liable for any damage, delay or other loss that the CITY may experier?ce as a result of the COUNTY's practices in administering this Agreement. Section 19. This Agreement shall remain in full force and 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 Aareement 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 5 Section 15. 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 charges as specifically Provided for in this Agreement. 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 in 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 33193 (Attention: CITY MANAGER). Whenever written notice to the COUNTY is required, it shall be sent by Certified Mail, Return Receipt Requested„ to MIAMI -DADS COUNTY, Miami -Dade Water and Sewer Department, 9200 Salzedo Street, Coral Gables, Florida 33146, (Attention: Director). IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. ATTEST: MIAMI -DADE COUNTY BY: CLERK ATTEST:% BY: CITY CL£ Approved as to form and legal sufficiency: ASSISTANT COUNTY ATTORNEY South Miami Stormwater 6/8/01 R COUNTY MANAGER CITY OF SOUTH MIAMI By : CITY MANAGER Approved as to form and legal sufficiency: Gy�2- CITY ATTORNEY RESOLUTION No.: 87-01-11235 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, the City Commission of the City of South Miami, Florida, requested that the County administer, bill and collect stormwater utility service charges simultaneously with the issuance of the County's bills for water and sewer service; and WHEREAS, the County, through its Miami -Dade Water and Sewer 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 system within the City limits; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, that: Section l: The City Manager is authorized to enter into an agreement with Miami -Dade County for the Billing of Stormwater charges. Section 2: That the attached Agreement for the Billing of Stormwater Charges between Miami -Dade County and City, be made a part of the resolution. PASSED AND ADOPTED this 1_2 t, 11. _ day of June , 2001. CLERK- READ AND APPROVED AS TO FORM: CITY ATTORNEY APPROVED: 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 From: Charles D. Scurr City Manager I pwmcm Date: June 7, 2001 Agenda Item # 14L Comm Mtg. 06 -12 -01 Re: Authorization to enter into Agreement with Miami -Dade County for the Billing of Stormwater charges. 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 the City established Stormwater Utility program that gives the City exclusive responsibilities for operations and maintenance of the stormwater utility system using services charges. The attached recommended agreement between Miami -Dade County and the City will allow Miami -Dade County Water and Sewer Department to bill the residents the established service rates. The County shall then make payment to the City for charges collected less the County's compensation for the billing and collection of said charges, as established in the attached proposed agreement. RECOMMENDATION: It is recommended that the City Commission approve the execution of the agreement. ATTACHMENTS: ❑ Proposed Agreement