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Home My Public Portal About1993-44 Authorizing Mayor to execute agreement with Metro-Dade County for Stormwater Utility billingVILLAGE CLERK RESOLUTION NO. 93-44 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH METRO-DADE COUNTY, FLORIDA FOR STORMWATER UTILITY FEES BILLING, COLLECTION AND ADMINISTRATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village adopted Ordinance 93-11, establishing a stormwater utility system; and WHEREAS, the Village is desirous of having Metro -Dade County (the "County"), through the Miami -Dade Water and Sewer Authority, administer, bill and collect fees from said utility; and WHEREAS, the County has agreed to so undertake such services for and on behalf of the Village and as agent for the Village; NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section 1. The mayor is hereby authorized to execute the attached agreement on behalf of the Village with Metro -Dade County, Florida for the billing, collection and administration of stormwater utility fees. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of October , 1993. VICE MAYOR CLIFFORD BRODY APPROVED AS TO FORM AND LEGAL SUFFICIENCY: V LAGE ATTORNEY MIAMI-DADE WATER AND SEWER DEPART _ .-NT 4200 Salzedo Street, Coral Gables, Florida 33146 • Tel: 305-669-3700 • Fax: 669-3788 SERVE - CONSERVE August 24, 1994 Carlos Penin CAP Engineering 7400 S.W. 50 Terrace Suite 201 Miami, FL 33155 Dear Mr. Penin: i ' t ;1.;:a! J , AUG 2 ► ;94. Enclosed for your records is a copy of Metropolitan Dade County Resolution No. R -I235-94, authorizing execution of interlocal agreement with the Village of Key Biscayne providing for the rendering of administrative, billing and collection services for the Village's stormwater utility fee. Also enclosed is a signed, executed agreement between the Village and Dade County. Please call me at 669-7610 if you have any questions or need further information. Sincerely, j David A. O'Neal Assistant Director - Finance DAO:bh Enclosures (2) cc: Deborah Viera-Rodriguez Wilson P. Ross ( C Agenda Item No. 3(A)(45) 7-26-94 RESOLUTION NO. R-1 ?35-94 RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT WITH THE VILLAGE OF KEY BISCAYNE PROVIDING FOR DADE COUNTY TO RENDER ADMINISTPATIVE, BILLING AND COLLECTION SERVICES FOR THE VILLAGE'S STORMWATER UTILITY FEE; AND AUTHORIZING COUNTY MANAGER TO EXERCISE CANCELLATION PROVISION CONTAINED THEREIN 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 DADF COUNTY, FLORIDA, that the Board hereby approves the Interlocal Agreement for Administration, Billing and Collection of Stormwater Utility Fee between Metropolitan Dade County and the Village of Key Biscayne, in substantially the form attached hereto and made a part hereof; and authorizes the County Manager to execute same for and on behalf of Dade County, Florida. The foregoing resolution was offered by Commissioner Bruce Kaplan who moved its ado: tion. The motion was seconded by Commissioner upon James Burke being put to a vote, the vote was James Burke aye Betty T. Ferguson aye Larry Hawkins aye Natacha S. Millan aye Alexander Penelas aye aavier D. Souto aye Arthur as follows: Miguel Diaz de la Maurice A. Ferre Bruce Raglan Dennis C. Moss Pedro Reboredo Sherman S. Winn E. Teele, and Port i l la aye aye aye aye aye absei a ve t:genda Item No. 3(A)(45) Page No. 2 The Chairperson thereupon declared the resolution duly passed and adopted this 26th day of July, 1994. DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS HARVEY RUVIN, CLERK Approved by County Attorney as to form and legal sufficiency . r- ire^ .-• • 11 S.:4 Depu•t•y. Clerk 107 07.17A munC DADE•GS• M4' MG' MEMCORANOUM Agenda Item No. 3(A)(45) TO. Honorable Chairperson and Members Board of County Commissioners FROM: oaquin G. Avino, P . E . , P.L.S. County Manager DATE: July 26, 1994 SUBJECf esolution Authorizing Execution of Interlocal Agreement with The Village of Key Biscayne RECOMMENDATION It is recommended that the Board of County Commissioners approve the attached Interlocal Agreement for Administration, Billing and Collection of Stormwater Utility Fee between Metropolitan Dade County and the Village of Key Biscayne which provides for Dade County, through the Miami -Dade Water and Sewer Department to provide administration, billing and collection services for the Village's stormwater utility fee. The Village will compensate the County for costs incurred in rendering the services. BACKGROUND The Village of Key Biscayne reauires new and replacement storm sewers and has developed a methodology to recover the cost of maintaining and upgrading the stormwater service. In conjunction with this program, the Village has requested that the Miami -Dade Water and Sewer Department perform the administration, billing and collection services associated with the stormwater utility fees in conjunction with the County's water bills. As the County can perform the billing and collection function in conjunction with existing water customers and since the County will be fully reimbursed for costs, it is recommended that the Board of County Commissioners approve the attached Agreement. (fq)(LA-.) INTERLOCAL AGREEMENT FOR ADMINISTRATION, BILLING AND COLLECTION OF STORMWATER UTILITY FEE This Interterlocal Agreement For Administration, Billing and Collection of Stormwater Utility Fee, entered into as of this �� day of , 1994 by and between VILLAGE OF KEY BISCAYNE, FLORIDA, a municipal corporation of the State of Florida (VILLAGE) and METROPOLITAN DADE COUNTY, a political subdivision of the State of Florida (COUNTY) . WITNESSETH WHEREAS, under the provisions of Florida Statutes Chapter 166 and the Florida Constitution, the Village is authorized to construct, maintain and operate a stormwater utility system and to issue revenue bonds for the purpose of financing the cost thereof; and WHEREAS, pursuant to such laws the Village is proceeding to establish and implement a stormwater utility system; and WHEREAS, the County owns and operates a water and sewer utility system in both the incorporated and unincorporated areas of Dade County; and WHEREAS, substantially all water users within the corporate limits of the Village are provided with water service by the County water and sewer system; and WHEREAS,pursuant to Section 125.01, Florida Statutes,the Village and County are permitted to enter into an agreement providing for the County to perform administration, billing and collection of charges for stormwater utility service rendered by the Village; and WHEREAS, it is most expedient and economical that the administration, billing and collection of such stormwater utility service charges be accomplished, where possible, simultaneously with and as an added separately designated -item on the bill rendered the water consumer by the County for charges covering water service, which arrangement will be in the interest of the users of the stormwater utility service; and WHEREAS, the Village is desirous of having the County administer, bill and collect such stormwater utility fees upon certain terms and conditions and the County has agreed to so undertake such services for and on behalf of the Village and as agent for the Village. NOW, THEREFORE, in consideration of the mutual covenants made by both parties to this Agreement, it is agreed: SECTION 1. The County agrees to perform the following: (A) Effective July 27, 1994, the County agrees to include a stormwater utility fee imposed by the Village on retail water service bills rendered by the Miami -Dade Water and Sewer Department ("WASD") to its water customers who are owners, occupants or tenants of real property located within the corporate limits of the Village. (B) The stormwater utility fee shall be designated on water bills rendered by WASD as a separate charge. (C) Meters for monthly water customers are generally read between 25 and 35 days and between 85 and 95 days for quarterly customers. Therefore, in cases where meters are not 2 read on these days then the stormwater fee shall be prorated. The Stormwater Utility Fee shall not be prorated if the fee is changed or revised by the Village; however, the changed or revised fee which will be billed by the County will be the stormwater fee in effect on the date the customer's meter is read. (D) The County shall deliver to the Village a listing of retail water service accounts for customers served by WASD on real property located in the incorporated area of Key Biscayne. This listing will be on magnetic tape or diskette and be delivered to the Village on the effective date of this Agreement. (E) At the request of the Village, the County shall send to the Village a list of all retail water service accounts actively being served by the County in the incorporated area of Key Biscayne which are not being charged the Stormwater Utility Fee. However, the County will not be obligated to send such a list more often than monthly. (F) The Village agrees to pay the County $0.87 per bill for the cost incurred by the County in rendering service under this Agreement. This fee shall be subject to revision annually as determined by the County. However, the County will provide notice to the Village at least 30 days prior to the effective date of a fee revision. (G) The County agrees to observe the same diligent policy and procedure in the administration, billing and collection of Stormwater Utility Fee accounts as is used by 3 the County in the administration, billing and collection of its retail water service accounts. The County shall not be obligated to institute or maintain suits at law or any other enforcement action for collection of the Stormwater Utility Fee accounts. The County shall not be responsible for billing of the stormwater fee for inactive retail water accounts. (H) The County shall keep correct and proper books of account, showing gross monthly billings of Stormwater Utility Fee. The County shall provide the Village with a monthly written statement which indicates the net amount owed the Village for the month covered by such statement. For this purpose, net amount equals the monthly gross stormwater billings minus stormwater charges the discretion of WASD and minus pursuant to Paragraph (E) herein. deemed uncollectible within the County's fees and costs The County shall pay the net amount to the Village approximately sixty (60) days after the end of each month. (I) The County shall make available for inspection or audit by the Village or their representatives at any reasonable time all of its records pertaining to the County's actions under this Agreement (J) The County agrees to terminate water service to those customers whose stormwater utility charges are not paid as provided in the rules and regulations of WASD. (K) The County shall not initiate any liens of real property as a result of delinquent Stormwater Utility Fees; 4 however, the County shall provide the Village a listing of delinquent accounts that are over 60 days past -due at the request of the Village but not more often than monthly. (L) Except as provided otherwise herein, any adjustments to individual Stormwater Utility Fees shall be calculated by the Village and provided in writing to the County, in care of the Assistant Customer Service Manager - Records for WASD for processing. The information provided shall include WASD account number, new amount to be charged, and any adjustment amount (debit or credit) to be applied to the account. The County shall have the right to remove the Stormwater Utility Fee from a customer's bill if the customer provides proof acceptable to WASD that they were not the owner, occupant, or tenant of the property when the Stormwater Utility Fee was applied. If the Village disagrees with the County as to a particular decision to remove a stormwater fee, then the County shall bill the fee if so directed in writing by the Village. (M) No security deposits shall be collected by WASD for the Stormwater Utility Fee. (N) No delinquent, penalty or late charge shall be on the Stormwater Utility Fee by WASD. (0) The County shall have no responsibility whatsoever for the construction, operation, repair, maintenance, or extension of the Village's stormwater utility system. (P) All phone inquiries and/or correspondence regarding the Stormwater Utility Fee shall be the responsibility of the 5 I ( Village. (Q) The County shall cause the phone number for the Village (as provided by the Village) to be printed on the regular bill stock. (R) The County shall not be responsible for notification to new owners, occupants or tenants to a property that there is a Stormwater Utility Fee. (S) Both the County and the Village recognize that in the administration, billing and collection of charges on water bills, including Stormwater Utility Fees, numerous administrative situations arise which require discretion in handling. Accordingly, the Village agrees that the County may deal with any and all of these type situations at the County's discretion and that the County shall not be liable or responsible to the Village for any loss of Stormwater Utility Fee revenue that such handling may have caused. (T) The County shall provide no appeal process for customers who dispute the Stormwater Utility Fee and facts in connection therewith. (U) All customer information (billing) system modifications shall be submitted to the County by the Village in writing with adequate lead time as determined by WASD in order to perform the modification. The Village shall pay the County for such modifications on a time and materials basis at prevailing rates. SECTION 2. The Village agrees to perform the following: (A) The Village shall deliver to the County on magnetic 6 tape or diskette those WASD accounts that should be charged the Stormwater Utility Fee on the effective date of this Agreement. (B) The Village shall retain and be responsible for all information pertinent to the Stormwater Utility Fee, including but not limited to ERU's and impervious area among other things. (C) The Village shall initiate all liens on accounts with delinquent Stormwater Utility Fees at the discretion of the Village. (D) The Village shall be responsible for all phone calls and/or correspondence relating to the Stormwater Utility Fee. (E) The Village shall, at its discretion, notify water customers of the implementation or increase in the Stormwater Utility Fee. (F) To the extent permitted by law, the Village agrees to indemnify and hold harmless the County from and against any and all cost, expense, loss, damages, liability, judgements and actions including reasonable attorney's fees due to or arising from the termination of water service by the County as provided for in this Agreement and due to or arising from actions or omissions of the County, its officers, agents and employees in connection with the administration, billing and collection by the County of the Village's stormwater fee when due to or caused by the negligence of the Village. However, the Village shall not be liable or responsible for intentional acts and gross negligence of the County, its officers, agents i and employees. (G) By December 31, 1995, the Village shall eliminate all storm water connections within the corporate limits of the Village which are connected to the County's sanitary sewer system. (H) The Village shall not allow or permit construction or installation of any connections or storm water mains that allow storm water to enter the County's sanitary sewer system. SECTION 3. The term of this Agreement shall extend from the date of this Agreement until the date specified in a written notice by either of the parties provided the date specified is at least three (3) months after the written notice. SECTION 4. Whenever written notice to the Village is required it shall be sent by Registered Mail, Return Receipt Requested to the Village of Key Biscayne, Village Hall, Key Biscayne, Florida. Whenever written notice to the County is required it shall be sent by Registered Mail, Return Receipt Requested to the Director, Miami -Dade Water and Sewer Department, 4200 Salzedo, Coral Gables, Florida, 33146. 8 r IN WITNESS WHEREOF, the Village and the County have executed this Agreement by their officers duly authorized as of day and year first above written. ATTEST CLERK �•...r.. way ATTEST Ppk- c 6 Cle ri b Approved as to form and legal sufficiency: Village of Key Biscayne • • METROPOLITAN DADE COUNTY B Approved as to form and legal sufficiency: By: . C) Assis an County Attorney Vi lage Attorney