98-014 RESOLUTION NO. 98-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR THE BILLING OF STORMWATER CHARGES BY
AND BETWEEN THE CITY OF AVENTURA AND
METROPOLITAN DADE COUNTY WATER AND SEWER
DEPARTMENT; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement for the billing of stormwater charges by and between the City of Aventura
and Metropolitan Dade County Water and Sewer Department.
Section 2. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Vice Mayor Beskin, who moved its
adoption. The motion was seconded by Councilmember Berger, and upon being put to
a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Councilmember Patricia Rogers-Libert absent
Vice Mayor Jay R. Beskin yes
Resolution No, 98-14
Page 2
Mayor Arthur I. Snyder ,les
PASSED AND ADOPTED this 20th day of January, 1998.
~T~UR IZ~NYbER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT FOR THE BILLING OF
S TORMWATER CHARGES
BETWEEN
MI~II-DADE COUNTY
32~1D
CITY OF AVENTURA
THIS AGREEMENT, entered into this .~/ day of ~C~ ,
1998, by and between the CITY OF AVENTURA, FLORIDA, a municipal
corporation of the State of Florida (the "CITY"), and MIAMI-DADE
COD-NTY, a political subdivision of the State of Florida (the
"COUNTY").
W I TNES SE TH:
WHEP~EAS, 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, 1997, the CITY has been
exclusively responsible to operate and maintain the stormwater
utility system within the CITY boundaries, and
WHEP~EA~, the CITY has requested the COUNTY to achninister, bill
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
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 COUNTY 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
utility service charge shall not be prorated due to a revised
schedule of rates, but the new rates shall be applied to the next
bill. 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
hereforth; 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 to give receipt and acquittance
therefor, 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 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 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
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 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.
4
Section 6. For billings performed from October 1, 1997 to
the termination of this agreement, 100% of the billed amounts for
monthly and quarterly accounts will be paid to the CITY, less the
deductions as 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
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.
Section 8. 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
judgement 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 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. Reimbursement in the amount of $500.00 to the
COUNTY costs incidental to the COUNTY's
establishment of the original 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 utility service charges.
6
This amount shall be paid within sixty (60) days
following the execution of this agreement.
B. For the period from the date of this agreement
until 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
stormwater utility service charge; and
C. Reimbursement monthly to the COUNTY~
1. 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; and
2. Reimbursement in the amount of $1,000 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 paid within sixty
days following the COUNTY's acquisition of a new
7
billing system and the submittal of an invoice to
the CITY.
Section 10. The COUNTY reserves the right to review and
revise the charges provided for in Section 9(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 11. Ail phone calls and correspondence regarding
the stormwater utility shall be the responsibility of the CITY.
The COUNTY shall cause the phone 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.
Section 13. 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 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 six (6) months'
notice in writing to the other party so advising the other party.
Section 14. 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 15. 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 16. This Agreement shall be binding upon the
respective successors and assigns of both the CITY and the COUNTY.
Section 17. Whenever written notice to the CITY is required
it shall be sent by Certified Mail, Return Receipt Requested, to
The City of Aventura, Government Center, 2999 N.E. 191 Street,
Suite 500, Aventura, Florida 33180 (Attention: City Manager).
Whenever written notice to the COUNTY is required it shall be sent
by Certified Mail, Return Receipt Requested, to Metropolitan Dade
County, Miami-Dade Water and Sewer Department, 4200 Salzedo Street,
Coral Gables, Florida 33146, (Attention: Director).
10
IN WITNESS WHEREOF, the parties hereto have executed these
presents as of the day and year first above written.
~'~,~ M~T~O~OLITA~ DA~ ~OU~TY
ATTEST:
ATTEST: CITY OF AVENTURA
City Manag
Approved as to form and legal Approved as to form and legal
sufficiency: sufficiency:
Assistant County Attorney .... ~Y ATTORN~
1!
Approved Mayor Agenda Item No. 6 (P) (1) (A)
3-31-98
Veto
Override
RESOLUTION NO.
R~SOLUTION APPROVING EXECUTION OF AGREEMENT
WITH CITY OF AVEnTuRA FOR BILLING OF
STORMWATER CHARGES BY MIAMI-DADE WATER AND
SEWER DEPARTMENT
WHEREAS, this Board desires to accomplish the purposes
outlined in the accompanying memorandum, a copy of Which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board
approves the execution Of agreement with the City of Aventura for
the billing of stormwater charges in substantially the form
attached hereto and made a part hereof; and authorizes the County
Manager to execute same for and on behalf of Miami-Dade County.
The foregoing resolution was offered by Commissioner
l~..;,C. Yn~ , who moved its adoption. The motion was
seconded by Commissioner G~uF-~n~l~- and upon being put to a vote,
the vote was as follows:
Agenda Item No. 6(P)(1)(A)
Page No. 2
Dr. Miriam Alonso a]~ Dr. Barbara M. Carey a~
Miguel D~az de la Portilla a3~ Betty T. Ferguson a3e
Bruce C. Kaplan ~ Gwen Margolis
Natacha Seijas Mi11&n s3~ Jimmy L. Morales a~
Dennis C. Moss a]~ Pedro Reboredo a~
Dorrin D. Rolle a~ Katy Sorenson a~
Javier D. Souto a~
The Chairperson thereupon declared the resolution duly passed
and adopted this 31st day of March, 1998. This resolution shall
become effective ten (10) days after the date of its adoption
unless vetoed by the Mayor, and if vetoed, shall become effective
only upon an override by this Board.
BY ITS BOARD OF COUNTY
· a ! -a- \ ~. COMMISSIONERS
:
S LL AN
Approved by County Attorney as BY:
to fo~ and legal sufficiency.~' Deputy Clerk
MIAM!-DADE WATER AND SEWER DEPARTMENT
~20c, Saze~3 S~,~e ~s~, G~c,,~ ror~ 1~3z6 · T~: 3,3'5 ~69 3~'i7: · F~×
SERVE · CONSERVE
April 22, 1998
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
Re: Agreement for the Billing of Stormwater Charges
Dear Mr. Soroka:
Enclose please find, a fully executed copy of the agreement for~J~g~ng of stormwater
charges between Miami-Dade County and City of Aventura and a copy/ofthe Resort~ion # R-351-98.
Pursuant to Section 9A, please consider this letter as our invoic~for $500.00. ~,~lease send your
check to my attention.
Should you have any questions, please call me at 669-3756.
Bonnie P. Wells
Contracts Officer
BPW/cg
Enclosure
~£CEiVED
OFFICE OF THE
CIT~ MANAGER