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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