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2007-042 RESOLUTION NO. 2007-42 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR THE BILLING OF STORMWATER CHARGES BY AND BETWEEN THE CITY OF A VENTURA AND MIAMI- DADE COUNTY; 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 COMMISSION OF THE CITY OF A VENTURA, 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 Miami-Dade County. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Weinberg, who moved its adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Mayor Susan Gottlieb yes Resolution No. 2007-42 Page 2 PASSED AND ADOPTED this 2nd day of October, 2007. ~hY(~ City Attorney AGREEMENT FOR THE BILLING OF STORMWATER CHARGES BETWEEN MIAMI-DADE COUNTY AND CITY OF AVENTURA THIS AGREEMENT, entered into this _ day of _,2007, by and between the CITY OF AVENTURA, 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"). WIT N E SSE 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 WHEREAS, effective October 1, 1997, the CITY has been exclusively responsible to operate and maintain the stormwater utility system within the CITY boundaries, and WHEREAS, on March 31, 1998, 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 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 charges 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 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 ofthirty (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 utility service charge shall be prorated in accordance with the revised schedule of rates. Stormwater Billing Agreement City of A ventura 9/21/07 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 ofthe 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 billing system is capable of this method of remittance. Section 6. Adjustments for uncollected stormwater billings shall be made on a regular basis, at least annually, 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 pertaining to the COUNTY's actions under this Agreement as agent for the CITY and shall also Stormwater Billing Agreement 2 City of A ventura 9/21/07 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 ofthe 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. 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 Stormwater Billing Agreement 3 City of A ventura 9/21/07 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 AVENTURA, City Hall, 19200 W. Country Club Drive, 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 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 to the Department's Director and mutual agreement by the City Manager and the Department Director, 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. (The rest of the page is intentionally left blank) Stormwater Billing Agreement City of A ventura 9/21/07 4 IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. MIAMI-DADE COUNTY ATTEST: BY: BY: Clerk County Mayor ATTEST: CITY OF A VENTURA BY: BY: City Clerk City Manager Approved as to form and legal sufficiency: Approved as to form and legal sufficiency: Assistant County Attorney City Attorney Stormwater Billing Agreement City of A ventura 9/21/07 5