Res No 012-96-9765RESOLUTION NO. 12-96-9765
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER A INTERLOCAL AGREEMENT WITH METRO ■A■ E COUNTY TO
PARTICIPATE IN THE COUNTY'S RECYCLING PROGRAM, AND TO
DISBURSE FUNDS REQUIRED TO INITIATE THE PROGRAM.
WHEREAS, 2 -e »,- County provides an opportunity for
municipalities within the county to participate in a recycli3��w,
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
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To: mayor & City Commission
Z
Zdgle Cox
City Manager
M. January 9, 1996
Agenda Item #
Re: Comm. Meeting 1/16/96
Interlocal Agreement
Recycling Program
The City's current budget allocates $80,770 to provide a Recycling
Program for residents. We utilize property located at ------ for
storage of containers owned by Waste Management in providing this
recycling program. After our employees collect the recyclables,
the material is stored there and then picked up periodically by
Waste Management. Waste Management, then pays the city a portion
of the revenues from the recyclable materials collected. This year
we project revenue from this program in the amount of less than
$7,000.
Negotiations are currently underway with the U. S. Post Office for
lease or purchase of the property we currently utilized for our
recyclable material storage. They wish to expand their South Miami
facility. We anticipate that revenues generated from an annual
lease of this property would be far greater than the revenues we
receive from Waste Management for the materials temporarily stored
at this location. It is incumbent, therefore, that the City make
alternative arrangements at this time.
The City would • required to pay a one-time payment • $3.56 per
household (3,504 households are listed with Dade County Information
Technology Department) . A monthly fee • $2.16 per household would
be paid to the.County as well. The County contracts with BFI to
provide the service. The Contractor is required to provide initial
Containers for each household (at their expense), and replacement
Containers (limited to a certain percentage at their expense) . The
County shares revenues generated from the collected materials with
the contractor (50/50), and subsequently shares their portion with
the municipality in the form of a credit against the monthly charge
paid by the municipality, thereby reducing the monthly fee paid by
the city for recyclable revenues above the "Recyclable Material
Revenue Floor". (Recyclable Material Revenue Floor is defined as
a minimum of revenue equal to $0.50 per household per month)
Also, the City receives a Recycling Grant in the amount of $13,200
which will be used to offset the cost of the program just as it has
been used to offset City's current recycling program.
I /
The elimination of this program as
Department would not result in the
a division of the Public. Works
layoff of employees.
Our current collection is limited to newspaper, plastics , aluminum
cans, telephone books and glass bottles.
With the expanded program offered by Metro-Dade, curbside
collection would include glass, aluminum and Ferrous cans, plastic
containers, aseptic and Gable -top containers, newsprint, phone
directories,
wastepaper.
The contract
relations
household
It
components.
An interlocal agreemei
improve our recycling
I recommend approval.
batteries, corrugated
provisions for
cardboard and mixed
iucation and public
also
with Metro -Dade would not only expand and
program, but would be more
cost effect
ive.
This
this
Dade
INTERLOCAL AGREEMENT FOR
INCLUSION IN COUNTY CURBSIDE RECYCLING PROGRAM
interlocal Agreement ( "Agreement ")
1,5r day of Z2& , 1996, by
County ( "County ") and the City of
order that the
SERVICE AREA
i is made and
and between
Page 1
entered into
Metropolitan
South Miami
City may be included as a portion of
( "City") in
the COUNTY
to be provided with curbside collection
Recyclables by Browning- Ferris Industr
Community Recycling ( "Contractor ")
set forth in the Agreement dated
Amended and Restated Agreement on
of
ies Of Florida Inc., d /b /a
under the terms and conditions
January 22, 1990, and Second
October 17, 1995,by and between
the County and the Contractor (hereinafter, the "Contractor" C,
copy of which is attached hereto and incorporated herein
reference as Exhibit "A"*
Section I
Definitions
by
In all instances, terms, used in this Agreement shall have the
definitions contained in the Contract.
Section II
County Service Area - City's Portion
The City's portion of the entire County Service Area is designated
on the attached map (Exhibit "B "), incorporated herein by
reference)*
Section III
Agreement Governs; Enti+e,Agreement
This Agreement is supplementary to, and not intended to supersede,
that certain interlocal agreement entered into by and between the
County and the C ity dated ( A ril 10 1989 ); rovided, however,
that in the event of any discrepancies etween t is Agreement and
that certain interlocal agreement dated Aril 10, 1989 , this
Agreement shall, in pertinent part, govern and supersede the
applicable provisions of said interlocal agreement. It is agreed
that no deviation from tht terms of this Agreement shall be
predicated upon any prior representations or agreements by and
between the parties hereto, whether oral or written.
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Section IV
Collection Service
City residents of single- family housing
curbside collection service of recyclable
provided for
program will
in the Contract.
be responsible for
materials in the
. .
. .
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will be provided with
materials in the manner
All residents included in the
r preparation and placement of
manner specified pursuant to the
Particinating City residents will be eligible
Contract. All
to call the
County -wide "Recycling Collection Information" telephone number
and receive assistance and information regarding recycling
services provided pursuant to the Contract.
Collection of materials
with the hours and days
Days or hours di f f erin(
service but coinciding
within the City (e.g.,
subject to negotiation
by the County.
will take
provided
from the
with
place on a schedule consistent
for in the unincorporated area.
unincorporated area collection
regular garbage, or trash
Wednesdays and Saturdays) may
and agreement with Contractor
Section V
Authorization /Responsibilities
service
be provided
and approval
The City hereby authorizes the County to act on its behalf in the
administration of the contract for this recycling service in the
areas of municipal jurisdiction. Howevef, the City will be
responsible for monitoring all aspects (collection days, hours,
equipment, personnel etc . ) of Contractor' s performance within its
jurisdiction and reporting any problems or violations to the
County in order to initiate corrective action in accord with the
Contract.
The City agrees to abide by all those terms and conditions that
the County agrees to meet as contained in the Contract except as
modified hereino
Within ten (10) days of execution of the Agreement, the City shall
provide the County with a list of all Residential Properties in
the City including both those to be serviced by the Contractor and
any exceptions agreed to by the City and the County. This list
shall provide each property address to be serviced and shall be
arranged by section, township and range. This list shall note any
disabled residents designated to receive special service
comparable to. that provided for in Section 15 -2 of the Code of
Metropolitan Dade County. This list shall be provided to the
County electronically in a format specified by the County.
The City agrees to provide the County with an update of
and deletions to this list each month in a format to be
by the County.
the first day of
This update shall be delivered to the
the month. Any discrepancies
between
Page 3
additions
specif 1
County on
the City's
monthly house count and the Contractor's monthly billing allocated
to the City shall be reconciled through a f ield inspection to be
performed by the County within 60 days, with any corrections to be
reflected in the subsequent month's billing to the City.
Section VI
Payments
Within ten (10) days of execution of this Agreement, the City
shall, make a lump sum payment to the County of $ 3.56 times the
number of Residential Properties within the City to be served in
this program. Subject to negotiation, this payment may be
allocated to recycling or educational expenses in accord with
applicable State Recycling and Education Grant requirements. An
alternative form of payment, such as an equivalent in -kind
contribution or an increased Monthly Fee per Residential Property,
may be arranged subject to negotiation and agreement with the
Contractor and approval by the County.
In compensation for provision-of this
on a regular basis, the City will m
County in an amount equal to the
pursuant to the Contract) or such
pursuant to the previous paragraph,
Residential Properties serviced dur
City's portion of the entire County Service Area.
recycling collection service
ake monthly payments to the
Monthly Fee (as determined
.other. fee, as negotiated
times the average number of
ing that month within the
In compliance with the Contract, if the Recyclable Material
Revenue received by the Contractor in any quarter is less than the
Recyclable Material Revenue Floor for the quarter, the City shall
pay the County an amount determined according to the following
procedure.
1) the Recyclable
quarter shall
Material Revenue
the deficit;
2 ) the deficit shal
of Residential Pj
Material
be subtr
Floor f
1 then be
:-operties
Revenue received for the
acted from the Recyclable
r that quarter, to determine
divided by the total number
serviced;
(3) the deficit per Residential property shall then be
multiplied by the number of Residential Properties
serviced within the City's incorporated units to
determine the fro rata deficit; and
(4) the rata deficit shall then be multiplied by 25
percent tdetermine the payment due from the City to
the County for that quarter.
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The
Recy
work
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County shall send a copy of the Contractor's Quarterly
clable Material Revenue Statement to the City within three
ing days of receipt thereof.
If the Recyclable Material
recyclable materials exceeds
Floor in any quarter, the
excess
(1/4)
and shall receive a
revenue received from the sale of
the Recyclable Materials Revenue
City shall receive not if icat ion of such
credit in an amount equal to one- fourth
of that excess commensurate with the proportion of
Residential
the City's
Properties serviced by the Contractor which are within
incorporated limits.
from the next
County from the
payment voucher
regular payment of
City and shall be
Such
the
credit
shall be deducted
Monthly r-ee s
noted on both
No direct payments for such
made to the City except as
last month of service.
may be appropriate
due to
the invoice
the
and
revenues shall be
subsequent to the
The City shall be responsible for delivering payment for recycling
collection services to
the County within twenty (20) days of the
date of an invoice from
the County. The County shall be
responsible for making the total
Service Area, including the City
accord with the Contract.
Monthly Payment for the entire
is portion, to the Contractor in
Section VII
Containers
As provided for in the Contract, the Contractor shall be
responsible for purchase of a sufficient number of sets of
containers to provide two (a blue and a green) properly labeled
containers to each Residential Property in the program. All
containers delivered within the incorporated area shall be the
property of athe Dade County Recycling Program. These containers
are for the permanent use of the household to which they are
delivered for the specific purpose of participation in a joint
curbside recycling program. The c- ontainers are intended- to remain
with each property through the life of this contract and any
subsequent extensions. In the event that a unit's residents
vacate the property, the containers shall remain at that location
for use by the subsequent residents. The City shall not mark or
label the containers in any fashion prior to obtaining the written
consent of the County.
Additional or "new" containers shall be placed at
newly- constructed and occupied Residential Properties added into
the program in the existing County Service Area by the Contractor
at no cost. Lost or stolen containers will be reported to the
Contractor, who will be responsible for replacement at no charge
up to an amount of five (5) percent annually of the number of
containers originally distributed to Residential Properties within
the City.
In the event that the
throughout the entire
will be respons ible
containers replaced
excess of 5 percent
will be determined
Page 5
five (5) percent allowance is exceeded both
service area and within the City, the City
for reimbursement to the Countv for those
within its
at a cost
portion of the service area in
of
• •
$6.0o per unit. Thls amount
annually by the County based on reports from
the Contractor listing the actual number
• •
and location of replaced
•
containers. Tne reimnursement ror any excess over the give (5)
percent shall be included in the next month's regular payment.
Section VIII
Reporting
The City shall be sent a copy of
Material Revenue Statement issued to
•
each S
the Coun
within three worxing aays or receipt thereof
document shall provide the basis for
payment /credit for
Materials
the Annual
the quarter's differen
•
ty
by
i
the
the contractor
County. This
calculating the City's
tial from the Recyclable
Revenue Floor. The City shall also be sent
Report issued to the County by the Contractor
a copy of
In additions, Monthly Project Reports and Quarterly Project Status
Reports which are issued to the County by the Contractor will be
made available to the City upon request.
City staff will also be notified of all, and may attend any,
regular meetings held with the Contractor to review performance.
Section IX
Enforcement
The City agrees to take such steps as may reasonably be necessary
to protect Contractor's ownership of all recyclable materials
placed at curbside for collection by Contractor under the terms of
the County Contract, including the preparation and submission of
an anti - scavenging ordinance for the City. The City staff shall
submit to the Municipal Council within a reasonable time, a
proposed anti - scavenging ordinance that has been approved by the
Contractor.
Unless provided otherwise by County • ordinance, the City shall be
responsible for enforcement of this recycling program in that
portion of the service area within its incorporated limits.
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Section X
Program Revisions
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Minor program adjustments affecting the entire Service Area may be
made from time to time as agreed to by the County and the
Contractor. Such minor adjustments could include, but would not
be limited
preparation
to, such items as
go variations in the required
of materials by the resident
In the event
residents, the
responsibility
residents
that such changes will
County and the Contractor
for providing adequate
or hours of collection.
require notice to the
shall jointly take full
notice to all of the
Any major program changes having a material
financial relationship among the parties or
substantial variation in the amount
collected shall
County reserves
the City agrees
be subject to review b y
the right to change or
to be bound thereby
amendment to this
incorporated areas
Agreement as long
are affected equally
Section XI
and type
impact on the
resulting in
of Recyclables
the City.
modify the
However, the
Contract, and
without separate
written
as the unincorporated and
by such modifications.
Liquidated Damages
In the event that the Contractor fails to perform in accord with
the Contract, liquidated damages will be imposed as provided for
in the Contract. When these failures to perform take place within
its incorporated limits of the Service Area, the City shall be
entitled to receive a credit towards the following month's regular
payment in an amount equal to 90 percent of the total dollar value
of those damages actually received or withheld from the Contractor
as provided for in the Contract.
Section XII
Service Initiation Schedule
Contractor will initiate delivery of Containers and pickup of
Recyclable Materials to the City within 120 days of receiving the
City's Residential Property list from the County or immediately
following implementation of service to the unincorporated area,
whichever is later. Contractor shall complete delivery of
Containers and implement pickup of Recyclable Materials in the new
area at an approximate rate of 37,500 homes per month. Contractor
shall perform the required duties under "Public Information
Program" (described in Article 3D of the Contract) related to the
introduction of the recycling program to the residents of the
City.
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Section XIII
Multi- Family Recycling
As part of the Contract, a multi -fC
developed and implemented. This prog
City. The City shall receive
development of this program.
In the event
correct such
Page 7
Program Option
Emily program option will be
ram would be available to the
periodic notice concerning
Section XIV
Default /Termination
that the Contractor materially defaults, fails to
default and termination occurs as specif ied in
Article 17 of the County Contract,
with their proportional share of
the performance bond
less any reasonable
provided below.
the City shall share, in accord
households,
in accord with Article
in
12
expenditures made by the
If, in this circumstance, the County
best interest of the entire service
the proceeds of
of the Contract,
aunty, except as
determines that it i s in the
area for either the County or
another private entity to provide this
terms and conditions, the City agrees to
the program.
service under comparable
continue participation in
Failure of the City to make payment to the _County in accord with
the provisions of Section VI of this Agreement shall constitute
default. In the event that such default occurs, the County shall
provide written notice to the City concerning
default. The City shall have thirty (30)
notice in which to resolve such default.
City fails to resolve the default, the
option to terminate this agreement and /or
that the County distributes to the City in
pay for all recycling services provided to
has failed to make payment, including the
any Recycling Materials Revenue deficit.
Section XV
the nature of thi is
days from date
of the
In the event that the
County shall have the
withhold local revenue
an amount sufficient to
date for which the City
City ' s fro r= share of
State Recycling Grant Funds
The City may choose to utilize State Recycling and Education grant
funding to pay a portion of the monthly payments due to the
County. Upon receipt of written notification from the City, the
County agrees to take full responsibility for meeting all State
requirements for making an annual recycling grant application and
for making the quarterly expense reports to the State on behalf of
the City as it relates to this curbside recycling project. In
this circumstance, the City's responsibility for meeting
grant- related State data and financial reporting requirements will
be limited to providing information concerning any other municipal
recycling programs.
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The City acknowledges that the State Recycling and Education grant
local governments on a reimbursement basis and
is provided to all
agrees to make monthly payments to the County through the date of
such State reimbursement. At least
anticipated date of State
County of its intent to
event that such notice is
thirty (30)
reimbursement, the Cit
receive these
not provided,
days prior to the
y shall notify the
funds directly. In the
the County shall retain
these funds and make future months' payments to the Contractor
f rom the C ity' s pro rata share of the grant proceeds . The County
shall issue a monthly statement to the City noting payments made
to the Contractor and interest accrued on the balance.
Section XVI
Amendment to Agreement
Except as otherwise provided for herein, this Agreement may be
rndif ied, altered or amended only by a written amendment duly
executed by the parties hereto. Any
ions concerning this Agreement
modif icat
effect.
Section XVII
Headings
oral representations or
shall be of no force or
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*
Section XVIII
Approvals
Whenever approval of a Party is required by this Agreement, such
approval shall not be unreasonably withheld.
Exce
any
part
obli
proc
pt
dic
ies
gat
eed
as otherwise
,Ppute arising
shall proc
ions during .
ings to resol
Section XIX.
Performance by Parties
provided in this
over the provis
eed with the t
the pendency of
ve such dispute.
Agreement, in the event of
ions of this Agreement, the
imely performance of their
any legal or other similar
1 •
Section XX
Rights of Others
Nothing in the Agreement express or implied is intended
upon any person other than the parties hereto any
remedies under or by reason of this Agreement.
Section XXI
Counterparts
Page 9
to confer
rights or
This Agreement may be executed in one or more counterpart(s), each
of which shall be deemed an original.
Section XXII
Waiver
There shall be no waiver of any right related to this Agreement
unless 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 right so waived and
shall not be deemed a waiver of the same right at a later time, or
of any other right under this Agreement.
Section XXIII
Time is of Essence
It is mutually agreed that time is of the essence in the
p
erformance of all terms and conditions to be kept and performed
pursuant to this Agreement.
Section XXIV
Representations of County
The County represents
authorized, executed
Commissioners as the g
the required power and
that (1) this Agreement has been duly
and delivered by the Board of County
overning body of the County, and (2)
authority to perform this Agreement*
it has
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Section XXV
Representations of City
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The City represents that (1) this Agreement has been
authorized, executed and delivered by the Board of
Commissioners as the governing body of the City, and (2) it
the required power and authority to perform this Agreement.
Section XXVI
Approvals and Notices
Notices and approvals required or contemplated by this
shall be written and personally served or mailed, reg
certified United States mail, with
addressed to the parties as follows:
To County:
return receipt
Dade County Department of Solid Waste Management
8675 NW. 53rd Street, Suite 201
Miami, Florida 33166
Attn: Department Director
305/592 -1776
To City:
City of South Miami
6130 Sunset Drive
South Miami., Florida
Attn: Mr. Eddie Cox,
305/663 -6340
33143
City Manager
Section XXVII
Term
The initial term of this Agreement
execution of this Agreement and end
and all
thereof
renewal(s) of the Contract
duly
City
has
Agreement
istered or
requested,
shall begin on the date of
on June 30, 2006. Upon any
in accordance with Article 1
•
this
n.Yvmgmdm gm n i- c 1, a 1 1 a» t- ntna i- 1 C_ A 11v be extended without
separate written amp
renewal period(s).
cause upon written c
IN WITNESS WHEREOF,
this Agreement to be
:,3,ndment for the term(S)
This Agreement can only
onsent of both parties.
Metropolitan Dade County
executed in its name by
his designee, attested by the Clerk of
Commissioners and has caused the seal of
of any and all such
be terminated without
Florida,
the County
the
the
Board
Board
has caused
Manager or
of County
of County
r
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Commissioners to be hereto attached; and the C it o f South Miami
Florida has caused this y '
Agreement to be executed in its name y
the City Manager Or his designee, attested by the Clerk
City Council and has caused the seal of the Council to be
attached, all on the day and year first written above.
Attest.
Harvey Ruvin, .
Clerk of the Board
By
_
�` �� tJ I
Y 0 .% ;
A COLJ 4� loft w je
off
Attest.
Clerk of the Council
By
APPROVED AS TO FORM
AND LEGXj, $`QFFiJICIENCY
By
AsAistan
=so* ;:oil 5 (410t
ountyvqAttorney
METROPOLITAN DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS
By
CITY OF
FLORIDA,
COUNCIL
BY IT
U
of the
hereto