HomeMy Public PortalAbout18-9474 Agreement w/MDC for Billing of Water, Sanitary Sewer and Storm Water Utility Sponsored by: City Commission
RESOLUTION NO. 18-9474
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH
MIAMI-DADE COUNTY, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, FOR THE BILLING OF WATER, SANITARY SEWAGE AND
STORMWATER UTILITY SERVICE CHARGES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in 2017, the Parties entered into an Agreement for the Billing of Water,
Sanitary Sewage and Stormwater Utility Services Charges ("Agreement"); and
WHEREAS, on February 27, 2018, a sunshine meeting was held between the City
Commissioners of the City of Opa-Locka ("City") and District Commissioner Barbara J. Jordan,
which was attended by various staff members and the public; and
WHEREAS, at the meeting, the Parties discussed various options to clarify the
Agreement in order to facilitate the transition of the water and sewer billing from the City to
Miami-Dade County ("County") and formalize such clarification via the First Amendment to the
Agreement ("First Amendment)"; and
WHEREAS, the City has also indicated an intention to formulate a plan to address
unbilled and uncollected water and sewer charges in a timely manner and to provide outreach to
the public; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
approve the First Amendment to the Agreement with the County.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
Section 2. AUTHORIZATION
The City Commission authorizes the City Manager to execute the First Amendment
to the Agreement with the County, in a form acceptable to the City Attorney, stating that
the City and the County agree that the County shall commence billings and collections
for such billings for commercial customers on behalf of the City as soon as is practicable.
The County currently estimates that it will commence billings and collections for such
customers by April 30, 2018. The First Amendment also clarifies that the City may
request County assistance, including assistance from County staff, to update and/or
Resolution No. 18-9474
correct information pertaining to the City's existing water and sewer customers. For
purposes of this possible assistance, it is further clarified that the costs that are
contemplated in Section 16(B) may also include costs for utilizing County staff,
including but not limited to, the following persons: one Billing Proc. Spec. and two
County clerks whose combined hourly costs are currently $83.90.
•
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
Section 4. EFFECTIVE DATE.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED AND ADOPTED this 28th day of March 2018.
,
Myr L Taylor Mayor
Attest to: Approved as to form and legal sufficiency:
Lk' 0
Joall aFlores The 13fown Law Group, LLC
City Clerk City Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: VICE MAYOR KELLEY
Commissioner Vote: 3-2
Commissioner Holmes: YES
Commissioner Riley: NO
Commissioner Pigatt: YES
Vice Mayor Kelley: YES
Mayor Taylor: NO
FIRST AMENDMENT TO THE AGREEMENT
FOR THE BILLING OF
WATER, SANITARY SEWAGE AND STORMWATER UTILITY SERVICE CHARGES
BETWEEN
MIAMI-DADE COUNTY
AND
THE CITY OF OPA-LOCKA
THIS FIRST AGREEMENT, entered into this day of _, 2018 by and
between the CITY OF OPA-LOCKA, 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," and collectively with the CITY, the "Parties").
WHEREAS, in 2017, the Parties entered into an Agreement for the Billing of
Water, Sanitary Sewage and Stormwater Utility Services Charges (Agreement); and
WHEREAS, on February 27, 2018, a sunshine meeting was held between the
City Commissioners of the City of Opa-Locka and District Commissioner Barbara J.
Jordan, which was attended by various staff members and the public; and
WHEREAS, at the meeting, the Parties discussed various options to clarify the
Agreement in order to facilitate the transition of the water and sewer billing from the City
to the County and formalize such clarification via this First Amendment to the
Agreement (First Amendment); and
WHEREAS, the City has also indicated its intention to formulate a plan to
address its unbilled and uncollected water and sewer charges in a timely manner and to
provide outreach to the public,
NOW, THEREFORE, in consideration of the covenants herein stated, the Parties
agree as follows:
Section 1. The above recitals are true and correct and incorporated into this
Agreement.
Section 2. Notwithstanding anything in the Agreement to the contrary, the City
and the County agree that the County shall commence billings and collections for such
billings for commercial customers on behalf of the City as soon as is practicable. The
County currently estimates that it will commence billings and collections for such
customers by April 30, 2018.
Section 3. This First Amendment clarifies that the City may request County
assistance, including assistance from County staff, to update and/or correct information
pertaining to the City's existing water and sewer customers. For purposes of this
possible assistance, it is further clarified that the costs that are contemplated in Section
16(B) may also include costs for utilizing County staff, including but not limited to, the
following persons: one Billing Proc. Spec. and two County clerks whose combined
hourly costs are currently $83.90.
Section 4. Except as specifically referenced in this First Amendment, all other
provisions of the Agreement remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed these presents as of the
day and year first above written.
ATTEST: MIAMI-DADE COUNTY
BY: BY:
County Clerk County Mayor or County Mayor's
Designee
ATTEST: CITY OF OPA-LOCKA
BY: BY:
City Clerk City Manager
Approved as to form and legal Approved as to form and legal
sufficiency: sufficiency:
Assistant County Attorney City Attorney