04-06-04 Item 9CITY OF SOUTH MIAMI
Inter - office Memorandum
TO: Honorable Mayor, Vice Mayor
& City Commission
FROM: Maria V. Davis
City Manager 0
RESOLUTION:
DATE: April 6, 2004
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AGENDA ITEM No.
RE: Authorizing the City Manager to
Negotiate and execute an agreement with
Miami -Dade County to bill residents for
the garbage containers
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE COST
OF SERVICE AND TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT FOR
THE BILLING OF STORM WATER CHARGES BETWEEN MIAMI -DADE COUNTY AND
CITY OF SOUTH MIAMI FOR THE BILLING OF GARBAGE CONTAINER FEES;
PROVIDING FOR AN EFFECTIVE DATE
BACKGROUND & ANALYSIS:
Following the purchase of the garbage containers, Public Works Department crews have
delivered the containers to residents in preparation for the new automated garbage collection
system. While preparing to initiate the new system on April 5, 2004, we have been coordinating
with Miami -Dade County Water & Sewer Department (MDWASD) for their billing services.
Under an agreement executed with MDWASD in September 2001, MDWASD currently
provides storm water billing services to the City. Our intent is to amend the current agreement to
add a one -time $50.00 fee to all affected residents. MDWASD management has agreed to the
amendment and they are working on the cost to provide the billing service.
RECOMMENDATION:
It is recommended that the City Commission approve the resolution.
ATTACHMENTS:
❑ Proposed Resolution
❑ Draft Agreement
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RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
NEGOTIATE THE COST OF SERVICE AND TO EXECUTE THE FIRST
AMENDMENT TO THE AGREEMENT FOR THE BILLING OF STORM WATER
CHARGES BETWEEN MIAMI -DADE COUNTY AND CITY OF SOUTH MIAMI, TO
INCLUDE THE BILLING OF GARBAGE CONTAINER FEES; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, on September 24th, 2001, the County and the City entered into a contract
providing for the County to provide billing of storm water charges by the County for the
City, and
WHEREAS, the County and the City desire to make certain modifications to said
contract, and
18 WHEREAS, the City has requested that the County provide a one -time billing service for
19 the City to collect a one -time charge to its residents for the purchase of uniform garbage
20 containers, and
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WHEREAS, the County has agreed to perform the one -time billing service that the City
has requested,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: A one -time charge of $50.00 (Fifty Dollars) will be added to all water and /or
sewer accounts that the County bills storm water charges on behalf of the City on the first
billing cycle after this amendment is fully executed by the County and the City.
Section 2: The Mayor and City Commission authorize the City Manager to negotiate the fee for
the billing service with Miami -Dade County and execute the amendment.
Section 3: This resolution shall be effective immediately.
PASSED AND ADOPTED this day of , 2004.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Sherar:
Commissioner Birts- Cooper:
AMENDMENT NUMBER ONE
TO CONTRACT BETWEEN
MIAMI -DADE COUNTY AND
CITY OF SOUTH MIAMI, FLORIDA
AGREEMENT OF BILLING STORMWATER CHARGES
THIS AMENDMENT, made and entered into this — day of ,
2004, by and between Miami -Dade County, a political subdivision of
the State of Florida, hereinafter referred to as the "COUNTY" and
the CITY of South Miami, a municipal corporation organized and
existing under the laws of the State of Florida, hereinafter
referred to as the "CITY ";
W I T N E S S E T H:
WHEREAS, on September 24th, 2001, the COUNTY and the CITY
entered into a contract providing for the COUNTY to provide billing
of stormwater charges by the COUNTY for the CITY, and
WHEREAS, the COUNTY and the CITY desire to make certain
modifications to said contract, and
WHEREAS, the CITY has requested that the COUNTY provide a one-
time billing service for the CITY to collect a one -time charge to
its residents for the purchase of uniform garbage containers, and
WHEREAS, the COUNTY has agreed to perform the one -time billing
service that the CITY has requested,
NOW, THEREFORE, in consideration of the covenants and
obligations set forth herein, the COUNTY and the CITY hereby agree
as follows:
1.A one -time charge of $50.00 (Fifty Dollars) will be added
to all water and /or sewer accounts that the COUNTY bills stormwater
charges on behalf of the CITY on the first billing cycle after this
amendment is fully executed by the COUNTY and the CITY.
2. The CITY agrees to pay to the COUNTY and the COUNTY shall
receive from the CITY, by means of deduction from the payments due
the CITY after the one -time billing service, a charge in the amount
of ($x.00) dollars per bill for all accounts charged the one-
time charge.
3. The CITY understands and accepts that the COUNTY shall
Amendment One 1
Stormwater Billing Agreement - South Miami
2/12/04
consider the person or persons whose names appear on the COUNTY's
water and /or sewer service account as the persons responsible for
the one -time charge at the location involved.
4. The CITY shall be responsible to notify the affected
parties that they will be receiving the one -time bill and the CITY
shall be responsible to address all telephone and written
inquiries.
5. Paragraph 18 of the agreement is hereby modified to read as
follows:
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.
38th Avenue, Miami, Florida 33146, (Attention: Director).
6. All terms and conditions of the Contract not
specifically modified by this Amendment shall remain in full
force and effect.
(The rest of this page is intentionally left blank.)
Amendment One 2
Stormwater Billing Agreement - South Miami
2/12/04
In WITNESS WHEREOF, the parties hereto have executed these
presents on the day and date first written above.
ATTEST:
BY:
Deputy Clerk
ATTEST:
BY:
City Clerk
Approved as to form and legal
sufficiency:
Assistant County Attorney
Amendment One
Stormwater Billing Agreement - South Miami
2/12/04
MIAMI -DADE COUNTY
MW
County Manager
(SEAL)
THE CITY OF SOUTH MAAMI,
FLORIDA
City Manager
(SEAL)
Approved as to form and legal
sufficiency:
City Attorney for the City of
South Miami, Florida
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