11TilE CITY OF PLEASANT UVINC
To:
FROM:
DATE:
SUBJECT:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
September 25,2014 Agenda Item No. ________ ____
An Ordinance of the City of South Miami, Florida, authorizing a
Franchise Agreement with Miami-Dade County to provide County Solid
Waste Management Services.
BACKGROUND: The City has determined that the most cost effective way to provide for
the disposal of solid waste is through the utilization of the County
Resources Recovery facility.
AMOUNT:
ACCOUNT:
To comply with Article IV, Section 4D of the City Charter, the Agreement
will have a 20-year term with an effective date starting October 1, 2015.
The agreement provides continued use by the City of the County Solid
Waste Management System to satisfy concurrency requirements of the
Local Government Comprehensive Planning and Land Development
Regulation Act (Chapter 163, Part II, F.S.) only as it applies to Solid
Waste Disposal capacity for the Solid Waste which the City collects for
disposal, and which is committed to the County for disposal in the
County Solid Waste Management System in accordance with the
Agreement.
The disposal fee shall be $66.34 per ton delivered to a County
Resources Recovery facility for fiscal year 2014-15 and a transfer fee
of $13.04 per ton delivered to the County Solid Waste Management
System transfer facility for fiscal year 2014-15. These fees may be
increased or decreased for inflation or deflation beginning on October
1,2015.
001-1720-534-4340
ATTACHMENTS: Proposed Contract
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ORDINANCE NO.: _____ _
An Ordinance of the City of South Miami, Florida, authorizing a Franchise Agreement with
Miami-Dade County to provide County Solid Waste Management Services.
WHEREAS, the City has determined that the most cost-effective way to provide for the disposal of solid
waste is through the utilization of the County Resources Recovery Facility; and
WHEREAS, the City has an opportunity to enter into a Franchise Agreement with the County for
utilization of this facility with a disposal fee of $66.34 per ton, and a transfer fee of $13.04 per ton through
September 30, 2015; and
WHEREAS, to comply with Article IV, Section 4D of the City Charter, the Agreement will have a 20-year
term with an effective date starting October 1, 2015; and
WHEREAS, the Agreement provides continued use by the City of the County Solid Waste Management
System to satisfy concurrency requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act (Chapter 163, Part II, F.S.) only as it applies to Solid Waste disposal capacity for the
Solid Waste which the City collects for disposal, and which is committed to the County for disposal in the County
Solid Waste Management System in accordance with the Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Manager is authorized to execute the Franchise Agreement which is attached
hereto and made part of this resolution.
Section 2: If any section clause, sentence, or phrase of this ordinance is for any reason held invalid or
unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining
portions of this ordinance.
Section 3. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in
direct conflict herewith and the same are hereby repealed
Section 4. This ordinance shall be effective immediately upon the time of its enactment.
PASSED AND ADOPTED this ___ day of ______ , 2014.
ATTEST:
CITY CLERK
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM
LANGUAGE, LEGALITY AND EXECUTION
THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Edmond
Page]
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND CONTRACT CITIES FOR USE OF THE COUNTY SOLID
WASTE MANAGEMENT SYSTEM
This Interlocal Solid Waste Agreement ("Agreement") is made and entered into this _ day of
--------,20_, by and between Miami-Dade County by and through its Board
of County Commissioners ("County") and the City of South Miami by and through its
City Manager, as approved by its City Commission (hereinafter referred to as Contract City), to
provide for use of the County Solid Waste Management System by the Contract City for its
municipal solid waste disposal and transfer needs.
BACKGROUND RECITALS
Whereas, the Miami-Dade County Board of County Commissioners (the "Board")
hereby finds and declares that it is necessary to the health, safety and welfare of the citizens of
Miami-Dade County to provide for municipal solid waste disposal and management facilities
and services; and
Whereas, the County desires to maximize the use of its Resources Recovery facility
processes and to extend the life of its landfills; and
Whereas, the Contract City desires to use the County Solid Waste Management System
for its municipal solid waste disposal needs (and transfer needs, as applicable), at an agreed-
upon disposal fee rate (and transfer fee rate as applicable); and
Whereas, the Contract City desires to use the County Solid Waste Management
System to satisfy Concurrency requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act (Chapter 163, Part II, F.S.) only as it
applies to disposal capacity for municipal solid waste the Contract City collects for
disposal and which is committed to the County for disposal in the County Solid Waste
Management System in accordance with this Agreement, and actually disposed of therein;
and
Whereas, the County and the Contract City desire to formalize their relationship
regarding municipal solid waste disposal responsibilities consistent with the provisions of
Section 403.706, Florida Statutes.
Whereas, the amended agreement as stated herein shall be available to all
municipalities.
NOW THEREFORE, in consideration of the foregoing premises, and the mutual
considerations contained herein, the parties hereto, intending to be legally bound, do hereby
agree as follows:
County Resolution No. R-167-13
Contract City Resolution No.
Page 2
DEFINITIONS
For the purposes of this Agreement, the following capitalized words and phrases shall be
given the following respective meanings:
Board -the Miami-Dade County Board of County Commissioners.
Change in Law -after the date of execution of this Agreement, (a) the adoption,
promulgation, issuance, modification, or change in interpretation of any federal, state or
local law, regulation, rule, requirement, ruling or ordinance, ofthe United States or any state
or territory thereof, unless (i) such law, regulation, rule, requirement, ruling or ordinance
was on or prior to such date duly adopted, promulgated, issued or otherwise officially
modified or changed in interpretation, in each case in final form, to become effective
without any further action by any governmental entity or official having jurisdiction,
(provided, that it shall not constitute a Change in Law if an administrative regulation existed
on the date of execution of this Agreement in temporary or proposed form and was treated
as generally applicable to transactions of the type contemplated hereby), or (ii) compliance
with such law, regulation, rule requirement, ruling or ordinance was provided for in the
Agreement; (b) the issuance of an order and/or judgment of any governmental entity or
official having jurisdiction, to the extent such order and/or judgment constitutes a reversal of
a prior applicable order and/or judgment, or an overturning of prior administrative policy or
judicial precedent; or (c) the suspension, termination, interruption or failure of renewal of
any permit, license, consent, authorization or approval essential to the acquisition, design,
construction, equipping, start-up, operation, ownership or possession of the County Solid
Waste Management System facilities or the facilities sites, to the extent such suspension,
termination, interruption or failure of renewal is not caused by any action or inaction of the
County or its contractors (provided that, for the purposes of determining whether a
suspension, termination, interruption or failure of renewal was so caused, any reason or
finding set forth in writing by the agency responsible for issuance of such permit, license,
consent, authorization or approval shall be accorded the rebuttal presumption of accuracy),
provided that no change in tax law, change to the Internal Revenue Code of 1954 effected by
the Tax Reform Act of 1986 (to the extent applicable on the date of this Agreement),
change in foreign law, change in law which adversely affects the County's legal rights as a
licensee, grantee, owner, or user of any patent or other "know-how" in respect of proprietary
technology intended to be utilized by it in performing its obligations under this Agreement
shall constitute a change in law for any purposes of this Agreement.
Concurrency -provision of certain public facilities specified in the State of Florida Local
Government Comprehensive Planning and Land Development Regulation Act ("the Act")
(specifically, Chapter 163, Part II, Section 163.3180 F.S.) by (a) county (ies), or (a)
municipality (ies) or a combination thereof, at a specified level-of-service stated in the
Capital Improvements Element of the comprehensive plan for the applicable jurisdiction(s),
adopted pursuant to the Act.
County Resolution No. R-167-13
Contract City Resolution No. =----
Page 3
Contract Cities -a municipal corporation or corporations existing under the laws of the State
of Florida, that enter into this Agreement with the County. For the purpose of this Agreement,
the unincorporated areas of Miami-Dade County as geographically configured on February 16,
1996 shall be considered a Contract City.
County -Miami-Dade County, Florida by and through its Board of County Commissioners.
County Disposal Fee -the fee charged to dispose of municipal solid waste or solid waste at
County-owned disposal facilities or facilities operated under contract with the County for
municipal solid waste or solid waste disposal.
County Solid Waste Management System -The aggregate of those solid waste management
facilities owned by or operated under contract with Miami-Dade County, which shall
include the North Dade Landfill (21500 NW 4ih Avenue), South Dade Landfill (23707 SW
97 th Avenue), Resources Recovery Facility (6990 NW 97 th Avenue), Waste Management of
Florida, Inc. Landfill in the City of Medley, Florida (9350 NW 89th Avenue), Northeast
Transfer Station (18701 NE 6th Avenue), Central Transfer Station (1150 NW 20 Street) and
West Transfer Station (2900 SW nnd Avenue), and other such facilities as may be added to or
deleted from this listing from time to time, by the County Mayor at his/her sole discretion.
Such additions or deletions may be made by use of an attachment hereto without need for
formal amendment to this Agreement.
Director -the Director of the Public Works and Waste Management Department or his/her
designee.
Exclusive Franchise or License -(a) contract(s) between a Contract City and a (limited
number of) third party contractor(s) for the right and privilege to collect municipal solid
waste or solid waste from either residential units or commercial establishments, or both
residential units and commercial establishments, within (a) designated service area(s) under
the teams of which the contractor(s) pay(s) the Contract City a fee.
Fiscal Year -the period beginning October 1 of each year and ending September 30 of the
subsequent year.
Force Majeure -an act of God, epidemic, lightning, earthquake, fire, explosion, storm,
tornado, hurricane, flood or similar occurrence, strike, and act of a public enemy, or
blockade, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence, which has had or may reasonably be expected to have a
material adverse effect on the rights or obligations under this Agreement, which by the
exercise of due diligence the party relying thereon as justification for not perfoitning any
obligation under this Agreement shall not have been able to avoid, and which is not the
result of a willful or negligent action or omission of such party.
County Resolution No. R-167-13
Contract City Resolution No. ------
Page 4
Municipal Solid Waste (MSW) -all discarded materials or substances, exclusive of
source-separated recyclable materials, which the Contract City collects for disposal or is
collected for it by third parties under contract with the Contract City for disposal including,
but not limited to, garbage, trash, litter, refuse, rubbish, ashes, incinerator residue, recycling
process residue, or other materials allowed by the State Department of Environmental
Protection for disposal in a Class I landfill which result from domestic, commercial,
industrial, mining, agricultural or governmental activities, but not including sewage or other
highly-diluted, water-carried materials or substances, or those in gaseous form. This
definition is not intended to include any waste collected by any entity whose sole
relationship with the Contract City is a franchise or license and which entity does not collect
any waste on behalf of the Contract City. In addition, this definition is not intended to
include waste collected at any city owned facility.
Non-Exclusive Franchise or License -a regulatory program under which an unlimited
number of solid waste haulers are given the right and privilege to collect solid waste from
either residential units or commercial establishments, or both residential units and
commercial establishments, under the terms of which each hauler pays the Contract City a
fee.
Short -Term Disposal -delivery of solid waste to the County Solid Waste Management
System for disposal without having a minimum ten (10) year waste disposal agreement with
the County.
Short -Term Disposal Fee(s) -the higher fee(s) paid by private haulers or municipalities for
Short-Term disposal of solid waste in the County Solid Waste Management System.
Solid Waste -all discarded materials or substances, exclusive of source-separated
recyclable materials, including, but not limited to, garbage, trash, litter, refuse, rubbish,
ashes, incinerator residue, recycling process residue, or other materials allowed by the State
Department of Environmental Protection for disposal in a Class I landfill which result from
domestic, commercial, industrial, mining, agricultural or governmental activities, but not
including sewage or other highly-diluted, water-carried materials or substances, or those in
gaseous form, which materials or substances are not collected by or on behalf of a Contract
City.
Source-Separated Recyclable Materials -materials separated from municipal solid waste or
solid waste at their source of generation which are set-out for collection at their source of
generation. Such materials shall be limited to: clean yard trash, aseptic and gable-top
containers, corrugated cardboard, magazines, mixed waste paper, newspapers, telephone books,
household batteries, glass containers, plastic containers, steel cans and aluminum cans, and
other source-separated recyclable materials as may be approved for addition to this listing from
time to time by the County Mayor or his/her designee, which approval shall not
County Resolution No. R-167-13
Contract City Resolution No.
Page 5
be unreasonably withheld; such additions may be made by use of an attachment hereto
without need for formal amendment to this Agreement.
Transfer Fee -the fee charged to transfer municipal solid waste or solid waste from County
Solid Waste Management System transfer stations to County Solid Waste Management
System disposal facilities.
ARTICLE 1
CONSTRUCTION OF INTERLOCAL AGREEMENT
The word "shall" as used in this Agreement shall in all cases be construed to be mandatory
and to require the action so modified by the word "shall" to be taken without regard to the
exercise of discretion.
ARTICLE 2
RESPONSIBILITIES OF THE COUNTY
A. Provision of Disposal Capacity. The County shall provide MSW disposal capacity (and
transfer, as applicable) for the MSW which each Contract City collects or is collected for it for
disposal and which is committed to the County for disposal in the County Solid Waste
Management System in accordance with this Agreement. The provision of MSW disposal
services under this Agreement shall comply with all applicable state and federal laws.
B. Disposal Capacity for Concurrency. The County shall maintain sufficient MSW
disposal capacity in the County Solid Waste Management System to comply with
Concurrency requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act (Chapter 163, Part II, F.S.) only as it applies to MSW disposal
capacity for the MSW which the Contract City collects or is collected for it for disposal
and which is committed to the County for disposal in the County Solid Waste Management
System in accordance with this Agreement, and actually disposed of therein.
C. Standardization of Agreement. The teiius ofthis Agreement shall be substantially the
same for all Contract Cities.
ARTICLE 3
RESPONSIBILITIES OF THE CONTRACT CITY
A. Delivery of MSW to County. The Contract City shall deliver all the MSW it collects
or is collected for it for disposal, to a County Solid Waste Management System facility(ies)
at Disposal Fee rates as specified herein. Delivery of MSW by Contract City to the Waste
Management Inc. of Florida landfill in Medley, Florida shall be permitted for the term of
this agreement; provided that, (1) the County's agreement with Waste Management Inc. of
Florida, dated July 31, 1998, is in effect, (2) the landfill is accepting MSW for disposal, and
(3) MSW from (a) Contract City(ies) is not needed at the Resources Recovery facility, as
determined by the Director, in his/her sole discretion.
County Resolution No. R-167-13
Contract City Resolution No. =----
Page 6
The Director may identify particular facilities to which the Contract City shall deliver its
MSW subject to the following:
(i) The Contract City may deliver its MSW to a County transfer facility(ies) if the
applicable transfer fee is paid to the County.
(ii) At no time during the term of this Agreement shall a Contract City be required
to deliver MSW to a County transfer facility unless the County Disposal Fee is
the same at all County Solid Waste Management System facilities.
(iii) The Contract City shall not be directed to deliver its MSW to a disposal facility
which is farther from the Contract City's boundaries than the closest county-
owned disposal facility.
(iv) The Contract City shall not be directed to deliver its MSW to a transfer facility
which is farther from the Contract City's boundaries than the closest county-
owned transfer facility. In no case shall the Contract City be required to deliver
its MSW to a County Solid Waste Management System facility which is farther
than twenty (20) miles from the Contract City's nearest boundary in order to
take full advantage of it rights under this Agreement.
(v) Regardless of the operating status of the County's Resources Recovery Facility,
the Contract City shall be entitled to dispose of MSW at the Facility and to pay
the regular disposal rate that applies to Contract Cities, which shall be the
County's lowest rate for MSW disposal, for the term of this Agreement.
B. Use of Other Facilities Prohibited. The Contract City shall not deliver any MSW it
collects or is collected for it for disposal to a solid waste disposal or transfer facility other
than a County Solid Waste Management System facility for the term of this Agreement.
The Contract City shall not deliver any MSW it collects or is collected for it, to a materials
recovery or recycling facility for the term of this Agreement.
Notwithstanding the foregoing, in the event that the County approves an operating permit
for a solid waste disposal or transfer facility located within Miami-Dade County:
Other than:
(i) A facility that is a part of the County Solid Waste Management System;
(ii) A facility that is used exclusively to facilitate the delivery ofMSW to County
Solid Waste Management System facilities; or
County Resolution No. R-167-13
Contract City Resolution No. ~ ___ _
Page 7
(iii) A facility that is subject to a solid waste disposal agreement with the County,
which agreement shall not allow acceptance of third party waste either by
agreement or regulation;
Then in that case:
the Contract City shall have the option to either pursue a permit for operation of a solid
waste disposal or transfer facility for all or a portion of its MSW disposal needs or deliver all
or a portion of its MSW to the permitted solid waste disposal or transfer facility(ies) that
meets the criteria established herein, provided however that any portion of the Contract
City's MSW that is not so disposed must continue to be delivered to the County pursuant to
the terms of this Agreement.
C. Hauler Contracts. The Contract City shall include in any MSW collection contracts
with Solid Waste haulers, or amendments to such contracts, which it executes, renews or
extends after the date of this Agreement, a provision that all MSW collected for the
Contract City shall be delivered to a County Solid Waste Management System facility for
disposal. This provision shall apply to exclusive franchise or license agreements with Solid
Waste haulers to collect MSW on the Contract City's behalf. This provision shall not apply
to a non-exclusive franchise or license to haul Solid Waste that is not collected on the
Contract City's behalf.
D. Disposal and Transfer Fees. The Contract City shall pay a Disposal Fee (and a Transfer
Fee, as applicable) for each ton of MSW delivered to the County Solid Waste Management
System for disposal. As of October 1, 2012, the Contract City shall pay a Disposal Fee of
sixty-three dollars and sixty-five cents ($63.65) per ton to the County for disposal of MSW
delivered to County Solid Waste Management System facilities. This Disposal Fee shall be
established by separate administrative order, which shall not become effective until approved
by the Board. As applicable, as of October 1, 2012 the Contract City shall pay a Transfer
Fee of twelve dollars and fifty-two cents ($12.52) per ton to the County for transfer ofMSW
delivered to County Solid Waste Management System transfer facilities. This Transfer Fee
shall be established by separate administrative order, which shall not become effective until
approved by the Board. The Disposal Fee and Transfer Fee may be increased or decreased for
inflation or deflation beginning on October 1,2013, and on the first day of each Fiscal Year
thereafter, relative to increases or decreases in the u.S. Government Consumer Price Index
for All Urban Consumers for the Southeast Region of the United States (CPI) for the prior
period of July 1 through June 30. Such CPI increases or decreases shall be capped at four
percent (4%) per year for the term of this Agreement. In the event that the actual CPI
increase or decrease exceeds the four percent (4%) cap in a given Fiscal Year, the amount of
CPI increase or decrease above or below the four percent (4%) cap shall be applied to CPI
increases or decreases in future years when the CPI increase or decrease is less than four
percent (4%). The Disposal Fee and Transfer Fee shall not otherwise increase, unless as
required by Change in Law, as defined herein, which may occur at any time during the term
of this Agreement. The County shall notify the Contract
County Resolution No. R-167-13
Contract City Resolution No. ____ _
Page 8
City of proposed Disposal Fee and Transfer Fee adjustments on the basis of change in law. The
disposal fee or Transfer Fee increase based on Change in Law shall fully compensate the
County for its increased costs. Each Contract City shaH pay prevailing disposal fees for waste
materials for which the County charges other than the County Disposal Fee for the entire term
of this Agreement, including, without limitation, tires and asbestos, if provided to the County
for disposal.
E. Terms of Payment. The County shall invoice the Contract City for Disposal Fees,
based on County weighing records, by means of First Class U.S. Mail, within five (5) days
of the last day of each month, commencing in the first month after the effective date of this
Agreement, and continuing monthly thereafter for the term of this Agreement. In
accordance with Section 218.74(2), Florida Statutes, as amended from time to time, payment
of Disposal Fees owed to the County shall be due from, and payment shall be made by, the
Contract City forty-five (45) days from the date of receipt of the County's monthly
invoice.
F. Dispute on Invoicing. In the event of a dispute on invoicing, the Contract City shall
first pay the full amount of the disputed charges when due and shall, within thirty (30) days
from the date of receipt of the disputed invoice, give written notice of the disputed invoice
to the County. The notice of dispute shall identify the disputed invoice, state the amount in
dispute and set forth a full statement of grounds on which such dispute is based. The County
Mayor or his/her designee shall confer with the Contract City and the County Mayor or
his/her designee shall resolve the dispute not later than sixty (60) days after the date upon
which the disputed invoice was received. Should the Contract City disagree with the
determination of the County Mayor or his/her designee, it may pursue any remedy at law
except withholding payment.
ARTICLE 4
WEIGHING RECORDS
The County shall cause all County Solid Waste Management System facilities to operate and
maintain motor truck scales calibrated to the accuracy required by Florida law and to weigh
all vehicles delivering MSW. Each vehicle delivering MSW from the Contract City, or its
contract hauler, shall have its tare weight and cubic yard capacity permanently and
conspicuously displayed on the exterior of the vehicle. The County or its contractor may,
from time to time, require revalidation of the tare weight of any vehicle. The Contract City
shall provide the County with information about each private hauler delivering MSW on its
behalf to include: name and address, make, body type and motor vehicle registration number
of each vehicle used for such purpose. All such haulers shall have and maintain a valid
County solid waste hauler permit in accordance with Section 15-17 of the Code of Miami-
Dade County, as amended from time to time.
The County will supply the Contract City with monthly weighing records as may be
reasonably required by the Contract City to administer its waste collection program. Copies
County Resolution No. R-167-13
Contract City Resolution No.
~-----
Page 9
of all transaction tickets will be maintained by the County for at least two (2) years. If
weighing scales are inoperable or are being tested, the facility operator shall estimate the
quantity of MSW delivered using a schedule of estimated waste material weights in
accordance with Section 15-25, Subsections (b) and (d) ofthe Miami-Dade County Code, as
amended from time to time. The estimates shall take the place of actual weighing records,
when the scales are not operational. The County shall use reasonable efforts to maintain the
scales in an operable and accurate weighing condition.
ARTICLES
SHORT-TERM DISPOSAL
The Contract City agrees that the County Solid Waste Management System may accept
Solid Waste on a Short-Term Disposal basis from private or municipal haulers, so long as
the capacity to receive MSW delivered on behalf of the Contract City is not impaired,
and provided that such haulers shall pay (a) Short-Term Disposal Fee(s) of at least ten
percent (10%) above that charged to Contract Cites. The (a) Short-Term Disposal Fee(s)
shall be established by separate administrative order, which shall not become effective
until approved by the Board. All Disposal Fee revenues generated pursuant to this
Agreement shall be used to pay County Solid Waste Management System costs. This
provision shall not inhibit the County from entering into agreements with private haulers
for delivery of Solid Waste to County disposal facilities (with the exception of agreements
for delivery of Solid Waste collected by (a) private hauler(s) under contract with any
municipality that is not a party to this Agreement, which shall be prohibited), the
minimum duration of which shall be ten (10) years, provided that the County shall not
offer (a) Disposal Fee(s) less than that agreed to herein by the Contract City to any
private hauler for the term of this Agreement.
ARTICLE 6
RELATIONSHIPS OF THE PARTIES
Nothing in this Agreement shall be deemed to constitute any party a partner, agent or local
representative of the other party or to create any type of fiduciary responsibility of any kind
whatsoever between the parties. The obligations to this Agreement are not joint; the
obligations are separate and several between the Contract City and County.
ARTICLE 7
HEADINGS
Captions and headings in this Agreement are for ease of reference only and do not
constitute a part of this Agreement and shall not affect the meaning or interpretation of any
provisions herein.
County Resolution No. R-167-13
Contract City Resolution No. ____ _
Page 10
ARTICLES
DURATION OF AGREEMENT
The term of MSW deliveries by the Contract City to the County under this Agreement shall be for
20 years commencing October 1, 2015 and shall remain in effect up to and including September 30,
2035. The Agreement shall be executed and approved by resolution of the Contract City's
governing body and shall become effective upon execution by the County. A copy of the resolution
of approval shall be transmitted to the County Mayor within five (5) days following the date of each
Contract City's approval.
ARTICLE 9
AGREEMENT GOVERNS; ENTIRE AGREEMENT
This Agreement shall govern and supersede any other Interlocal agreement between the
Contract City and the County with regard to use of the County Solid Waste Management
System. This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements or understandings, oral or written with reference to the
subject matter hereof that are not merged herein and superseded hereby.
ARTICLE 10
REPRESENTATIONS OF THE COUNTY
The County represents that (A) this Agreement has been duly authorized, executed and
delivered by the Board of County Commissioners as the governing body of the County, and
(B) it has the required power and authority to perform this Agreement.
ARTICLE 11
REPRESENTATIONS OF THE CONTRACT CITY
The Contract City represents that (A) this Agreement has been duly authorized, executed
and delivered by the Governing Body of the Contract City, and (B) it has the required
power and authority to perform this Agreement.
ARTICLE 12
APPROVALS AND NOTICES
All notices, consents and other communications required, permitted or otherwise delivered under
this Agreement shall be in writing and be delivered either by hand with proof of delivery or
mailed by first class United States certified or registered mail, with return receipt requested,
postage prepaid, and in any case shall be addressed as follows:
To County-
Miami-Dade County
Office of the Mayor
Stephen P. Clark Center
111 NW 1st Street
Miami, Florida 33128
County Resolution No. R-167-13
Contract City Resolution No.
Page 11
To Contract City -
Changes in the respective addresses above may be made from time to time by either party by
notice to the other party. Notices and consents given by mail in accordance with this section
shall be deemed to have been given five (5) business days after the day of dispatch, notices and
consents given by any other means shall be deemed to have been given when received.
ARTICLE 13
AMENDMENT TO AGREEMENT
This Agreement may be modified, altered or amended only by a written amendment duly
executed by the parties hereto, and approved by the governing body of each party. Any oral
representations or modifications concerning this Agreement shall be of no force or effect.
ARTICLE 14
NON-ASSIGNMENT
In no case shall the Contract City assign, transfer, conveyor otherwise hypothecate
any interest, rights, duties, or obligations hereunder, or any part thereof. In the event
the a Contract City attempts to assign, transfer, conveyor otherwise hypothecate this
Agreement or the Contract City's rights, duties or obligations hereunder, or any part
thereof, the County may at its option, terminate this Agreement with respect to the
Contract City.
ARTICLE 15
RIGHTS OF OTHERS
Nothing in this Agreement, either express or implied is intended to confer upon any person
other than the parties hereto any rights or remedies under or by reason of this Agreement.
ARTICLE 16
WAIVER
There shall be no waiver of any right related to this Agreement unless that such waiver is in
writing signed by the party waiving such right. No delay or failure to exercise a right under
this Agreement shall impair such right or shall be construed to be a waiver thereof Any
waiver shall be limited to the particular rights waived and shall not be deemed a waiver of the
same right at a later time of any other right under this Agreement.
County Resolution No. R-167-13
Contract City Resolution No.
Page 12
ARTICLE 17
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry out its obligations under this
Agreement during any period when such party is rendered unable, in whole or in part, by
Force Majeure to carry out such obligations, but the obligations of the party relying on such
Force Majeure shall be suspended only during the continuance of any inability so caused
and for no longer period, and such caus~ shall, so far as possible, be remedied with all
reasonable dispatch. It is further agreed and stipulated that the right of any party hereto to
excuse its failure to perform by reason of Force Majeure shall be conditioned upon such
party giving, to the other party, written notice of its assertion that a Force Majeure delay has
commenced within five (5) working days after such commencement. If there exists good
cause for failure to give such notice, such failure shall not prejudice any party's right to
justify any non-performance as caused by Force Majeure, unless the failure to give timely
notice causes material prejudice to the other party.
ARTICLE 18
COUNTY EVENT OF DEFAULT
The failure by the County to substantially fulfill any of its material obligations in
accordance with this Agreement, unless excuses are justified by Force Majeure, shall
constitute a "County event of default". If a County event of default should occur, the
Contract City shall have all of the following rights and remedies which each may exercise
singly or in combination: 1. the right to declare that this Agreement, together with all
rights granted to the County, hereunder are terminated, effective upon such date as is
designated by the Contract City; 2. any and all other rights provided under federal laws
and the laws of the State of Florida. 3. in any event, the County shall maintain
responsibility for any debts owed to the Contract City for services provided under the
terms of this Agreement. Notwithstanding any other provision ofthis article, the Contract
City shall not terminate this Agreement for a "County event of default" unless the
Contract City first give(s) the County written notice of intent to terminate specifying the
alleged default, and providing the County a period of sixty (60) days from receipt of notice
within which to cure such default.
ARTICLE 19
CONTRACT CITY EVENT OF DEFAULT
Without limitation, the failure by the Contract City to substantially fulfill any of its material
obligations in accordance with this Agreement, unless excuses are justified by Force
Majeure, shall constitute a "Contract City event of default". If a Contract City event of
default should occur, the County shall have all of the following rights and remedies which it
may exercise singly or in combination: 1. the right to declare that all rights granted to the
Contract City hereunder are terminated, effective upon such date as is designated by the
County; 2. any and all rights provided under federal laws and the laws of the State of
Florida. 3. in any event, the Contract City shall maintain responsibility for any debts owed
to the County for services provided under the terms of this Agreement. Notwithstanding any
other provision of this article, the County shall not terminate this Agreement for a
County Resolution No. R-167-13
Contract City Resolution No. -----
Page 13
"City event of default" unless the County_first gives the Contract City written notice of
intent to terminate specifying the alleged default, and providing the Contract City a period
of sixty (60) days from receipt of notice within which to cure such default.
ARTICLE 20
FLORIDA LAW GOVERNS; VENUE IN MIAMI-DADE COUNTY, FLORIDA
This Agreement, regardless of where executed, shall be governed by and construed
according to the laws of the State of Florida, and venue shall be in Miami-Dade County,
Florida.
ARTICLE 21
TERMINATION
This Agreement may be terminated upon mutual consent, in writing, between the Contract
City and the County.
ARTICLE 22
COUNTERPARTS
This Agreement may be executed in one or more counterpart(s), each of which shall be
deemed an original.
ARTICLE 23
INVALIDITY OF PROVISIONS
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida, such provision, paragraph, sentence,
word or phrase shall be deemed modified to the extent necessary in order to conform with
such laws, and this Agreement shall remain in full force and effect.
County Resolution No. R-167-13
Contract City Resolution No.
=~---
Page 14
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be
executed in its name by the County Mayor or his/her designee, attested by the Clerk of the
Board of County Commissioners and has caused the seal of the Board of County
Commissioners to be hereto attached; and the Contract City has caused this Agreement to
be executed in its name by the Manager/Mayor of the Contract City or his/her designee,
attested by the Clerk of the Contract City's governing body and has caused the seal of the
Contract City's governing body to be hereto attached, all on the day and year first written
above.
Attest: HARVEY RUVIN,
Clerk of the Board
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: ____________________________ By:
Deputy Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Miami-Dade County Attorney's Office
111 N.W. 1st Street
Miami, FL 33128
Assistant County Attorney
County Resolution No. R-167-13
Contract City Resolution No. =-------
County Mayor
Miami-Dade County Florida
111 N.W. 1st Street, 29th
Floor Miami, FL 33128
Page 15
ATTEST:
[corporate seal]
APPROVED AS TO INSURANCE
REQUIREMENTS:
County Resolution No. R-167-13
Contract City Resolution No.
CONTRACT CITY
a Florida Municipal Corporation
By:
This day of. _______ , 20
APPROVED AS TO FORM AND
CORRECTNESS:
-----
HI LOCAL & STATE .... . ............. .
CAMPAIGN 2014
Crist edges Scott
in polls -for now OBITUARIES ·MEMORIALS . SERVICES
www,Miamilleraktcomlobituaries Miami-Dade 305,3'76,srol I IoU free 1,856,BOOJ:lOCO,ext,8901
BY MARC CAPUTO
m(;)PlJto~MjJmjHer~ld.com
After trailing in polls,
Democrat Charlie Crist is
marginally leading Gov,
Rick Scott in two new sur-
veys that show the gover·
nor's race will be as dose as
they come.
The polls from SurveyU-
SA and a new Republican
data-analysis firm named
Optimus show crist ahead
of Scott by 6 percentage
points and 1 percentage
point, respectively -leads
that are both within the mar-
gins of error.
The apparent trend in
Crist's favor dovetails with
his campaign's decision to
ramp up its ad spending
statewide to counteract the
effectiveness of Scott's long·
er and larger media blitz.
As of Friday, Scott still led
Crist in overall spending,
dropping $41 million to the
Democrat's $16.7 million on
current and future ads.
"The story here is these
guys have been spending a
ton of money," said Scott
Tranter, an analyst with
Washington-based Optimus.
"But the only guy who's see-
ing any movement here is
Charlie Crist."
The Optimus poll of3,356
likely voters that ended
Sunday -showed Crist gar-
nering 41.1 percent of the
vote to ScoU's 4tU percent.
Libertarian Adrian Wyllie is
backed by llJ percent.
In late August, the
Optimus poll indicated Scott
led Crist by 416 percent to
38.6 percent.
Survey USA, which has
conducted polls on the gu-
bernatorial race since April
on behalf of WFLA-TV in
Tampa, released a poll at the
same time as Optimus that
showed Crist ahead 46-40
percent. In mid-September,
SurveyUSA had Scott lead-
ing Crist 44--39 percent.
Meanwhile, Quinnipiac
University released a sur-
vey last week showing Scott
ahead of Crist 46-44 per-
cent. That lead, too, was
within the error margin of
JACKSONVILLE
the polL
Unlike prior surveys,
polls released this month
start to capture voters who
are casting absentee ballots
by mail, starting this week
for some.
At Optimus, Tranter and
his partner, Brian Stobie.
said the finn has been track-
ing the polling of the race as
well as the amount and
types of ads that the candi~
dates are running. And, they
say, they have noticed that
Scott -who was heavily
negative for months -start-
ed running positive spots in
each of Florida's 10 major
media markets for the first
time two weeks ago.
Crist last week started
running more positive spots
as well, but his message is
overwhelmingly negative,
too.
Optimus, which shared its
polling data with the Miami
Herald and Tampa Bay
Times, has extensively sur-
veyed the race for each of
nine weeks by using what
are known as robo-polls,
where voters respond to
pre-recorded questions by
pushing corresponding
phone buttons.
SurveyUSA. also a robo-
pollster, uses different
methods of identifying like~
ly voters and surveying
them than Optimus. Survey-
US.Nserrormarginis41per-
centage points and Optimus'
is 17 percentage points.
So both essentially show
a tie race that still indicates
more advantages, in the
short term, for crist. And
both seem to agree with
what SurveyUSA said of the
race when it released its poll
this week online: "Any out~
come is possible in the 2014
Florida Governor's con-
test,"
Man guilty of murder
in loud-music killing
BY DEREK KINNER
Assocj~led Press
JACKSONVILLE -A ju-
ry convicted a Satellite
Beach man Wednesday of
first-degree murder in his
retrial for killing a teenager
after an argument over loud
music.
Prosecutors said Michael
Dunn shot with intent to kill
when he fired 10 times into
an SUV carrying V-year-old
JordanDavis and three of his
friends in November 2012.
Dunn told jurors that he saw
Davis flash what he believed
to be a rifle after the two ex-
changed words outside a
convenience store, and fired
in self-defense.
Investigators never found
a gun in the SUV or in the
nearby area, and Davis'
three friends testified that
there was no gun.
Dunn, 47, was convicted
of three counts of attempted
second-degree murder in
February
and faced at
least 60
gree murder
count, which led prosecu-
tors to retry him.
Dunn now faces a manda-
tory life sentence.
Prosecutors portrayed
him as a cold-blooded killer.
After the shooting, he went
back to his hotel, made a
drink, ordered pizza, walked
his dog and went to sleep.
He did not call 9n.
DEATH NOTICES
allnffo many lIi((o
xtS:;::;"s hom in Miami, 1-1"
on Odoh,rll,1951. $1>,
gradllald from North Miami
Smior Iligh and Miami-Dad,
C<>II,/? IlIlollq;', Kalhyand
Danf,lImadlymlO1.o,and
marri,d onJIIII' 12,1976. Thry
wutd~/ighuJ IQ add Ihru
lhildrm10 IlxirhapftYfamily.
Kalhyh«am,aslayalhDmt
mom Ihal w,ugr,ally iftiJDIv~J
wilhlxrchilJun.A.lxr
rhildrm nwlllr(d, W~ hroughl
htrf~a(hinglal~nuf{Jlloly
CroM LIllhuan C}",uh and
School asa uarlxr~ aidt, Tht-r~,
f;;,~'!;:;;f:/!:":a:fo~~~.tAS
~t~~td~~rlt'':hoi;~:;~'l:tr
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
I\:OTICE IS lIEHEBY giVl'1l that the City C(lmmi~;,ion oflhe City of South Miami.
Florida will conduct Public llc,uing(s) at ils regulm· City Commi;,sion mecling ;,chedulcd
f{lrTIJ('sdav Ocloilcr 7 2014 beginning at 7:00 r.m .. in Ihe Cily Commi~sion Chambcl~.
6130 Sunset Drive, 10 consider the following item WI First Ikading:
An Ordinance of the City of South Miami, Florida, authorizing a
Franchise Agreement with Miami-Dade County to provide County
Solid Waste Management services.
NOTICE IS HEREBY also given that the City Commission of the City of
South Miami, Florida will conduct Public Hearing{s) at its regular City
Commission meeting scheduled for Tuesday.J!tlQQ..q11,~beginning
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to
consider the above item on Second Reading.
ALL intete~led partie~ (Ire inviled tn Hlll'nd and \\"ill bl'lll.'ard
hI,. funlwr inftlrtll<1liol1. pk,lse contacl the CilY Ck, k·s Om.:e ,I\: 305-663-(13.tU.
DEATH NOTICES
I 'oN~"d","",",e"'"m", I
o"".~'''''''''''"wm I 3O~·37('·8901 or
Tolllret' 1-86~·a8S·5)9l
H1lu'solep.:'''',on:
Mondaythrur,May 9~m-4pm
s..!u,d~y II.II1-)pm
DEATH NOTICES DEATH NOTICES
SOUTH FLORIDA
FUNERAL HOME DIRECTORY
A COMPlETE GUIDE TO FUNERAl HOMES, FlORISlSAND RElATED SERVICES
CITY OF HIALEAH
PUBLIC HEARING
October 14, 2014
TIlE IIIALF.AH CITY COUNCIL AT lTS ~fEET!NG OF Sr:PTD!!l[R 23. lUI.J. APPROVED TIlE
FOI.LOWING PROPOSED ORDINANCES ON FIRST READING. SECOND READING AND
l'UBI.lC IIEARING FOR FINAL ADOPTION \VII.!. BE IIEI.D ON Orltlher 14,2014.
ALL INTERESTED PARTIES ARE INVtTED TO PARTlCiI'ATE. TilE \fEETING WILL BEGIN
AT 7:00 1'.\1. TIlE PROPOSED ORDINANCE WILl. Br: AVAII.ABLE rOR INSPECTION AND
COI'YING ATTltE OFFICE OF TilE ClTY CLERK. 3 .• 1 fLOOR. ~()I f'AL\I,WENL:E.IIIAI.EAII.
fl... FRO~f ~:~n A.~l. TO .'i:OO P.\f./N01e: Due 10 the ~llaml Jkrald·~ de,allin.'. ordmana, Ihnl Me
tah1c,l den".',l or wjthdf~wn will appear in this ,Hhcrtr~CIllCn1)
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