12-16-08 Item 28South Miami
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CITY OF SOUTH MIAMI 1 I I ®I
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor Feliu and Members of the City Commission
From: W. Ajibola Balogun
City Manager
Date: September 2, 2008 Agenda Item No.:
Subject: Residential Recycling Effort & the Green Initiative
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO SOLID WASTE;
AMENDING CHAPTER 11, SECTIONS 11 -24 THROUGH 11 -32;
PROVIDING FOR FEES RELATING TO ENVIRONMENTAL PROTECTION
AND RECYCLING WITHIN RESIDENTIAL SINGLE - FAMILY HOME
DISTRICTS AND RESIDENCES; FEES, PROVIDING FOR CODE
ENFORCEMENT PROCEDURES; ENFORCEMENT AND REGULATIONS;
SCHEDULES AND ROUTES, TERMINATION; ENFORCEMENT AND
ADMINISTRATIVE FINES; AND TO SET ASIDE 25 PERCENT OF THE
FEES COLLECTED FOR GREEN RELATED IMPROVEMENT WITHIN THE
CITY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT,
AND AN EFFECTIVE DATE.
Request: Authorizing the City Manager to implement the residential recycling assessment
and to set aside Green Initiative improvements.
Reason/Need: Within the past couple of months, one of our former Mayors announced during
the City Commission meeting that the City of South Miami is the first City to start a recycling
program. I would add that all Miami -Dade County Cities are now providing recycling services,
but the City of South Miami is the only City subsidizing the cost of the services. Since the City
executed inter -local agreement with Miami -Dade County for the recycling services, the cost of
the service have increased at an average of 3.38 % annually. For example, the actual expense for
the service in fiscal year 1997/1998 was $ 67,608.21, while in fiscal year 2006/2007 (10 years
later), the City paid $90,438.00. The attached I1 -year History of Actual Expenditure shows the
annual continue increase in amount currently subsidized by the City.
With the attached ordinance, we are asking to cover the City's expenses by assessing a $ 4.00 per
month fee and to invest 25% of the collected amount into Green Program initiative. By investing
some of the collection expenses into Green Program, it would be a fact in the City of South
Miami that every resident is truly doing their part to save the environment.
Cost: N/A
Funding Source: N/A
Backup Documentation:
❑ Proposed Ordinance
❑ 11 -year History of Actual Expenditure for recycling program.
❑ Inter -Local Agreement with Miami -Dade County for Curbside
Recycling program
Page 2 of 2
ORDINANCE NO.:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO SOLID WASTE; AMENDING CHAPTER 11, SECTIONS
11 -24 THROUGH 11 -32; PROVIDING FOR FEES RELATING TO ENVIRONMENTAL
PROTECTION AND RECYCLING WITHIN RESIDENTIAL SINGLE - FAMILY HOME
DISTRICTS AND RESIDENCES; FEES, PROVIDING FOR CODE ENFORCEMENT
PROCEDURES; ENFORCEMENT AND REGULATIONS; SCHEDULES AND ROUTES,
TERMINATION; ENFORCEMENT AND ADMINISTRATIVE FINES; AND TO SET ASIDE 25
PERCENT OF THE FEES COLLECTED FOR GREEN RELATED IMPROVEMENT WITHIN
THE CITY; PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission have always taken a progressive stance on protection of the
Environment; and,
WHEREAS, the City of South Miami was historically one of the first cities in Miami -Dade County to
initiate an environmental protection ordinance relating to recycling; and,
WHEREAS, the environment and recycling is an important concern the residents and future
generations of the City; and,
WHEREAS, Chapter 11 of the City of South Miami Code of Ordinances provides for the collection,
conveyance and disposal of all garbage, trash and refuse accumulated within the City; and,
WHEREAS, the City desires to establish a fee relating to recycling and process for recycling certain goods
within residential districts and residences, as such issues are currently provided for under commercial and multi-
family sites; and
WHEREAS, the Mayor and City Commission of the City of South Miami deem it to be in the public
interest to continue providing environmentally friendly support for residential collection of municipal solid waste
by the Public Works Department, and to provide recycling through a subcontractor, Waste Management, the
contractor for Miami -Dade County; and,
WHEREAS, the City rights -of -way are valuable public property acquired and maintained by the City at
great expense to City tax payers, and the right to use the rights -of -way is a valuable property right without which
contractors would be required to invest substantial capital and property acquisition costs; and,
WHEREAS, the City deems it to be in the best interest of the citizens and residents of the City to provide
for the pick -up of recyclable items as it protects the environment, reduces trash located in solid waste collection
centers and dumps and ensures an environmentally protected future for South Miami's future generations, and that
same is necessary to protect the public general health, safety and welfare; and,
WHEREAS, to further support the City's environmental green efforts, the Village shall set aside 25
percent of collected fees under this program in order to enhance green initiatives within the City; and,
WHEREAS, it is the intent of the City in amending Chapter 11 to enhance its processes by creating a
recycling fee and recycling pick -up service and to charge single family residences a reasonable and non-
discriminatory fee for such services; and,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Page 1 of 7
Section 1: Chapter 11, relating to Solid Waste; entitled "Garbage and Trash", at sections 11 -24
through 11 -34 relating to Recycling Services and Requirements, of the City of South Miami code is amended to
read:
11 -24 Scavenging of recyclable materials prohibited; theft of recycling containers.
(a) Intent. It is the intent of the City of South Miami, Florida to facilitate the establishment of reacling_programs
through protection of recyclable material stored for collection. To this end, this section is hereby created to
encourage recycling activities throughout the City.
(b) Recyclable materials placed by my person in the prescribed manner in a designated collection area is the
property of the generator's authorized collection agent and enforceable by the City. No person shall be permitted to
collect or pick up, or cause to be collected or picked up, any recyclable material which has been placed in the
prescribed manner in a designated collection area, without first obtaining; the written consent of the generator's
authorized collection agent or the City.
(c) No person shall be permitted to collect or pick up, or cause to be collected or picked up, any regycling
container placed at my propery, without first obtaining the written consent of the owner of said recycling container
or the owner's agent.
() Any and each collection in violation of subsections (b) or (c) above with the use of a motorized vehicle shall
constitute a separate and distinct offense punishable as hereinafter provided.
(e) This section shall apply to the entire City and shall be enforced by the City.
11 -25 Recycline programs required for single family and multi - family residential establishments.
(a) Residential Recycling_
1) Since 1992, the Citv of South Miami has participated in the Miami -Dade Countv residential and
multi - family residential recycling program. The City incorporates by reference those relevant sections of
the Miami -Dade County Code of Ordinances, and specifically requires every multi - family residential
establishment to provide for a recycling program which shall be serviced by permitted hauler or the City.
(2) The City has also established a rec�cling_program for all single-family and duplex residences and
for pick -up of same from all residential districts, other than multi - family districts, which are governed by
subsection (1) above).
(3) Both multi - family and single family residences shall be required to recycle at a minimum, the five
(5) materials listed below:
Recyclable Materials: Multi- family
( 1) Newspaper
(2) Glass (flint, emerald, amber)
(3) Aluminum cans
(4) Steel cans
(5) Plastics (PETE, NDPE - natural. HDPE colored)
b) Violation for failure to establish recycling,
Page 2 of 7
(1) The failure of a multi - family residential establishment to provide a recycling_ program or a
modified recycling program pursuant to the requirements of this Ordinance hereof shall constitute a
violation of this section for which the property owner(s) shall be liable, provided, however, that in the case
of a condominium or cooperative apartment having a condominium association or cooperative apartment
association said association rather than individual unit owners shall be liable for any such violation.
7 (2) The City has established a single - family residential reading program. Failure to adhere to the
8 recycling prop am and to pay for the associated recycling fee to the City shall constitute a violation of this
9 section for which the property owner(s) shall be liable.
10
11 11 -26 Recycling programs required for commercial establishments; ioint and several liability.
12
13 (aa) Since 1992 the Citv of South Miami has participated in the Miami -Dade County commercial establishment
14 recd cling program The City incorporates by reference those relevant sections of the Miami -Dade County Code of
15 Ordinances and specifically requires every commercial establishment to provide for a recycling _program which
16 shall be serviced by a permitted hauler or the CLty, as applicable The recycling program shall require the recycling
17 of a minimum of three (3) materials of its choice selected from the list provided below:
18
19 Recyclable Materials: Commercial Establishments
20 (1) High grade office paper
21 (2) Mixed paper
22 (3) Corrugated cardboard
23 (4) Glass (flint, emerald, amber)
24 (5) Aluminum (cans, scrap)
25 (6) Steel (cans, scrap)
26 (7) Other metals /scrap production materials
27 (8) Plastics (PETE, HDPE - natural, HDPE- colored)
28 (9) Textiles
29 (10) Wood
30
31 (b) The failure of a commercial establishment to provide a reading program or a modified rec cy ling_program
32 pursuant to this ordinance shall constitute a violation of this section for which the property owner and the owner(s)
33 and operator(s) of the commercial establishment shall be jointly and severally liable.
34
35 11 -27 Modified recycling programs allowed.
36
37 (a) Recycling programs which incorporate modifications substitutions or reductions to the requirements of the
38 provisions of this ordinance may be submitted to the Department of Public Works for approval. Approval, rejection,
39 or approval with conditions of the proposed modified recycling_ program shall be determined by the Department.
40 The Department shall consider the following factors in evaluating the proposed modified recycling program:
41
42 (1) Whether the establishment operates a recycling_ program, and is self - hauling the materials to a
43 recyclable material vendor.
44
45 (2) Whether the establishment generates a lesser number of recyclable materials than the required
46 minimum.
47
48 (3) Whether the establishment generates and recycles materials not listed in this ordinance, as applicable.
49
50 (4) Whether the establishment is contracting with a permitted private hauler for collection services, which
51 services provide for a post- collection separation of recyclable material and which:
52
53 Page 3 of 7
2 (i) Generate recyclable materials which comply, in kind and quantity, with the recycling
3 requirements provided for in this ordinance, as applicable; and
4 (ii) Utilize a materials separation facility which is permitted in accordance with all
5 applicable federal, State and local laws.
6
7 (b) Any person seeking, approval of a modified recycling progEam shall submit an application in such form as is
8 prescribed by the Department All modified recycling programs shall be reviewed on a semiannual basis and
9 applicants shall be required to confirm or revise the information contained in their applications at that time. An
10 gpplication for approval of a modified recycling_ program shall include, but not be limited to, the following
11 documentation, as appropriate to the specific application:
12
13 (1) Supporting documentation to evidence self -haul activities, which shall include proof of source -
14 separation activities and copies of receipts from recyclable material purchasers.
15
16 (2) A waste composition study of the waste generated b the he applicant which shall cover a representative
17 time period of no shorter than one (1) week.
18
19 (3) A copy of the applicable contract with a post- collection separation facility, specifying materials and
20 volumes recycled which are attributable to the applicant.
21
22 11 -28 Applicability; mandatory separation of recyclable materials from solid waste stream.
23
24 (a) The provisions of this ordinance shall apply to the entire City. All occupants of every multi - family residential
25 establishment and every residential unit are required in accord with the collection program provided at that
26 location to separate from all other solid waste collected or received by the City or any other authorized collector,
27 the following materials:
28
29 (1) Newspaper;
30 (2) Glass;
31 (3) Aluminum cans,
32 (4) Steel cans,
33 (5) Plastics.
34
35 (b) All occupants of every commercial establishment are required to separate, from all other solid waste collected
36 or received by a private hauler or any other authorized collector, those three selected materials from the following
37 list that are included in the program established at that location in compliance with the following:
38
39 ( 1) High grade office paper;
40 (2) Mixed paper;
41 (3) Corrugated cardboard;
42 (4) Glass;
43 (5) Aluminum,
44 6 Steel;
45 (7) Other metals /scrap production materials;
46 (8) Plastics;
47 (9) Textiles;
0 (10, ) Wood.
50 (c) Occupants of multi - family residential establishments and commercial establishments may, as an alternative to
51 the requirements of this section separate recyclable materials in accordance with the modified recycling program
52 established at their place of business or residence in compliance with this ordinance. Modified recycling programs
53 shall include those providing for:
54 Page 4 of 7
(1) A lesser number of recyclable materials than the required minimum.
(2) Substitution of recyclable materials not listed in this code.
(3) Post - collection separation of recyclable material for commercial .establishments, and for those multi-
family residential establishments for which separation of recyclable material on the premises is wholly,
physically impractical, provided, however, that those modified recycling _ programs providing for post -
collection separation of recyclable material for either commercial or multi- family residential establishments
shall be allowed which have been established in compliance with this code.
The City, through the County Ordinance, chapter 15, has implement regulations establishing procedures requiring
commercial and multi - family residential establishments and residential units to place these materials in specialized
receptacles or to handle them in any other manner which the coupjy manager determines shall facilitate the
recycling of such materials. The City Manager, as of the enactment of this Ordinance, shall subcontract services to
Waste Management, the recycling hauler for Miami -Dade County, and shall pass through the cost of said services
to the Ci 's single family residents. Commercial and multi - family residences utilizing commercial haulers and not
using Ci , recycling services shall continue to adhere to the exiting process.
11 -29 Enforcement.
The provisions of this ordinance shall be enforced by the City's Code Enforcement Division and the CitYManager,
as applicable, pursuant to the final promulgated regulations of this ordinance. The provisions of this Ordinance
shall be enforced by the City, or its designated assignee.
11 -30 Relation to state and federal law.
All provisions of this ordinance are intended to be consistent with other federal, state and local requirements. To the
extent that compliance with any of the requirements is a physical impossibility while concurrently omplyin with
other federal or state requirements, the affected person may request a hearing before the City Commission to
demonstrate this. The Cijy Manager shall amend these requirements to the extent that such physical impossibjUjyjs
shown. However, to the extent that requirements specified herein are more stringent than federal or state
requirements, the person shall comply with both such requirements.
11 -31 Prima facie evidence of accumulation of solid waste.
The fact that any residential unit or any commercial or multi - family residential establishment located in an} City
solid waste or recycling collection service area is occupied shall be prima facie evidence that solid waste and/or
recycling is being produced or accumulated upon such premises. However, temporary residential vacancy,
regardless of duration, shall not authorize a refund or excuse the nonpayment of any solid waste or recycling fee.
Solid waste fees shall be chargeable on new residential units immediately following the Department of Planning
and Zoning's final inspection thereof, or installation of permanent electric utility service, or whenever the first solid
waste and/or recycling is picked up from such unit by the City or a private hauler, as provided herein, whichever
shall occur first.
11 -32 24. Refuse collection fee schedule; Single - Family Residential Recycling fee.
(a) Domestic garbage and domestic trash: The fee for the collection of refuse from residential units for the
service as provided in this Chapter shall be as set forth herein. For billing purposes and description of service this
Code shall hereafter refer to class numbers which are described below:
Page 5 of 7
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
TABLE INSET:
(b) Commercial garbage and commercial trash.
(1) The fees for the collection of refuse from commercial establishments including apartments, hotels
and motels from approved domestic garbage containers as described in this Chapter shall be as set forth in the
City's annual budget and current price schedule as adopted by Ordinance.
(c) Residential Recycling. The fee for the collection of residential recycling from single- family residential
units, or those specific multi - family residential units serviced by the City, shall be: $48.00 for the first year 2008-
2009) and shall increase by eight (8) percent, annually, thereafter, due to the cost of providing services.
(d) Green Initiative account. The City shall set aside 25 percent of all residential recycling fees collected
pursuant to subsection (c) above, in a special account, which account shall be designated for the specific purpose of
facilitating and improving Green initiatives and causing Green improvements through out the City.
11 -34 25. Billing; payment; due dates.
(a) Billing for service. In all cases the bill for refuse service shall be the joint and several liability of and
charged to and paid by the owner, tenant, users and/or occupant of the property for which the service is rendered.
All owners, tenants, users and/or occupants shall give the City notice thirty (30) days prior to moving, and shall
have the responsibility of terminating any account with the City.
(b) Payment of fees. The fees prescribed in see6en 1 13 in this Code are due and payable on the first day of
each month. Such fee shall become delinquent if not fully paid on or before due date ten (10) days from the first
day of each month.
(c) Fractional billing. When services commence during a calendar month, no charge will be made for periods
of ten (10) days or less in any one month, but eleven (11) days or more shall be interpreted to mean one month and
shall be so charged.
(d) Exemption from fees. There shall be no exemptions for the payment of fees, except that establishments
employing and using the services of a private refuse collector holding a valid permit shall not be liable for the
payment of waste fees as would otherwise be required hereunder so long as such employment and use continues.
No vacancy allowances will be permitted.
Page 6 of 7
Annual
Semi -
Class
Description
Fee
annual
No.
Fee
I
2
Special collection
Minimum fee per truck
load
I
There shall be no minimum fee charged for pickups of up to 112
truck load once a week
2 .
Trash pickup in excess of 112 truck load is to be charged at
$156.00 per 112 truck load or any part thereof
4
Each appliance trash pickup
$50.00 1per appliance
(b) Commercial garbage and commercial trash.
(1) The fees for the collection of refuse from commercial establishments including apartments, hotels
and motels from approved domestic garbage containers as described in this Chapter shall be as set forth in the
City's annual budget and current price schedule as adopted by Ordinance.
(c) Residential Recycling. The fee for the collection of residential recycling from single- family residential
units, or those specific multi - family residential units serviced by the City, shall be: $48.00 for the first year 2008-
2009) and shall increase by eight (8) percent, annually, thereafter, due to the cost of providing services.
(d) Green Initiative account. The City shall set aside 25 percent of all residential recycling fees collected
pursuant to subsection (c) above, in a special account, which account shall be designated for the specific purpose of
facilitating and improving Green initiatives and causing Green improvements through out the City.
11 -34 25. Billing; payment; due dates.
(a) Billing for service. In all cases the bill for refuse service shall be the joint and several liability of and
charged to and paid by the owner, tenant, users and/or occupant of the property for which the service is rendered.
All owners, tenants, users and/or occupants shall give the City notice thirty (30) days prior to moving, and shall
have the responsibility of terminating any account with the City.
(b) Payment of fees. The fees prescribed in see6en 1 13 in this Code are due and payable on the first day of
each month. Such fee shall become delinquent if not fully paid on or before due date ten (10) days from the first
day of each month.
(c) Fractional billing. When services commence during a calendar month, no charge will be made for periods
of ten (10) days or less in any one month, but eleven (11) days or more shall be interpreted to mean one month and
shall be so charged.
(d) Exemption from fees. There shall be no exemptions for the payment of fees, except that establishments
employing and using the services of a private refuse collector holding a valid permit shall not be liable for the
payment of waste fees as would otherwise be required hereunder so long as such employment and use continues.
No vacancy allowances will be permitted.
Page 6 of 7
Sec. 11 -3536. Fees shall constitute liens.
(a) For service of refuse collection., aftd disposal, and recycling; services by the City or the availability of such
service, all improved property shall be liable for the payment of the refuse or recycling collection fees. All fees
becoming due and payable shall constitute and are hereby imposed as special assessment liens against the real
property aforesaid and, until fully paid and discharged or barred by law, shall remain liens of equal rank and dignity
with the lien of the City ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles
and claims in, to or against the real property involved. All delinquent fees shall bear a penalty of one and one -half
per cent per month from the due date until fully paid. Unpaid and delinquent fees, together with all penalties
imposed thereon, shall remain and constitute special assessments against the real property involved. Such special
assessment liens may be enforced as provided for enforcement of City ad valorem taxes, or in the alternative,
foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, Florida Statutes, or
the enforcement of payment thereof may be accomplished by any other method authorized by law.
(b) The City Manager is authorized and directed to execute and deliver upon request written certificates
certifying the amount of waste or recycling fee due upon any parcel of real property subject to the payment of such
fees, or certifying that no waste or rec, cl �fees are due, which certificates shall be binding upon the City. The
City Manager shall make rules and regulations prescribing uniform procedures governing the administration of the
provision of this Chapter and providing procedures for the payment of waste or recycling liens in periodic
installments and the cancellation of waste or rec cam— liens, which rates and regulations when approved by
resolution of the City Commission and filed in accordance with the requirements of this Code shall have the force
and effect of law.
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 in conflict with the provisions of this ordinance are
repealed.
Section 4: This ordinance shall be codified and included in the Code of Ordinances.
Section 5: This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of 52008.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
APPROVED:
MAYOR
1St Reading —
2 °d Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
Page 7 of 7
11 -Year History of Actual Expenditure for
Inter -Local Agreement - Recycling
( Account No. 001.1720.534.3470)
Qty
Year
Amount
Difference between
years
1-
1996 -1997
82,017.78
N/A
2-
1997 -1998
$67,608.24
$14,409.54
3-
1998 -1999
$73,202.88
- $5,594.64
4-
1999 -2000
$75,000.00
- $1,797.12
5-
2000 -2001
$74,484.34
$515.66
6-
2001 -2002
$81,000.00
.- $6,515.66
7-
2002 -2003
$84,278.88
$3,278.88
8-
2003 -2004
$79,269.08
$5,009.80
9-
2004 -2005
$77,405.00
$1,864.08
10-
2005 -2006
$84,815.26
- $7,410.26
11-
2006 -2007
$90,438.00
- $5,622.74
Total
$869,519.46
Average $5,040.30
Page 1
INTERLOCAL AGREEMENT FOR
INCLUSION IN COUNTY CURBSIDE RECYCLING PROGRAM
This interlocal Agreement ( "Agreement ") is made and entered into
this 1,5r day of Cf , 1996, by and between Metropolitan
Dade County ( "County ") and the City of South Miami ( "City ") in
order that the City may be included as a portion of the COUNTY
SERVICE AREA to be provided with curbside collection of
Recyclables by Browning- Ferris Industries Of Florida Inc., d /b /a
Community Recycling ( "Contractor ") under the terms and conditions
set forth in the Agreement dated January 22, 1990, and Second
Amended and Restated Agreement on October 17, 1995,by and between
the :County and the Contractor (hereinafter, the "Contractor "), a
copy of which *is attached hereto and incorporated herein by
reference as Exhibit "A ".
Section I
Definitions
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; Entire Agreement
This Agreement is supplementary to, and not intended to supersede,
that certain interlocal agreement entered into by and between the
County and the City dated ( April 10 1989 ); provided, however,
that in the event of any discrepancies between ttis Agreement and
that certain interlocal agreement dated April 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 the terms of this Agreement shall be
predicated upon any prior representations or agreements by and
between the parties hereto, whether oral or written.
Page 2
Section IV
Collection Service
City residents of single - family housing will be provided with
curbside collection service of recyclable materials in the manner
provided for in the Contract. All residents included in the
program will be responsible for preparation and placement of
materials in the manner specified pursuant to the Contract. All
Participating City residents will be eligible 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 will take place on a schedule consistent
with the hours and days provided for in the unincorporated area.
Days or hours differing from the unincorporated area collection
service but coinciding with regular garbage or trash service
within the City (e.g., Wednesdays and Saturdays) may be provided
subject to negotiation and agreement with Contractor and approval
by the County.
Section V
Authorization /Responsibilities
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 herein.
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.
Page 3
The City agrees to provide the County with an update of additions
and deletions to this list each month in a format to be specified
by the County. This update shall be delivered to the County on
the first day of the month. Any discrepancies between the City's
monthly house count and the Contractor's monthly billing allocated
to the City shall be reconciled through a field 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 recycling collection service
on a regular basis, the City will make monthly payments to the
County in an amount equal to the Monthly Fee (as determined
pursuant to the Contract) or such other. fee, as negotiated
pursuant to the previous paragraph, times the average number of
Residential Properties serviced during that month within the
City's portion of the entire County Service Area.
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 Material Revenue received for the
quarter shall be subtracted from the Recyclable
Material Revenue Floor for that quarter, to determine
the deficit;
(2) the deficit shall then be divided by the total number
of Residential Properties 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 pro rata deficit; and
(4) the pro rata deficit shall then be multiplied by 25
percent to determine the payment due from the City to
the County for that quarter.
Page 4
The County shall send a copy of the Contractor's Quarterly
Recyclable Material Revenue Statement to the City within three
working days of receipt thereof.
If the Recyclable Material revenue received from the sale of
recyclable materials exceeds the Recyclable Materials Revenue
Floor in any quarter, the City shall receive notification of such
excess and shall receive a credit in an amount equal to one - fourth
(1/4) of that excess commensurate with the proportion of
Residential Properties serviced by the Contractor which are within
the City's incorporated limits. Such credit shall be deducted
from the next regular payment of the Monthly Fees due to the
County from the City and shall be noted on both the invoice and
payment voucher. No direct payments for such revenues shall be
made to the City except as may be appropriate subsequent to the
last month of service.
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 Monthly Payment for the entire
Service Area, including the City's portion, to the Contractor in
accord with the Contract.
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 the 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 containers 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.
Page 5
In the event that the five (5) percent allowance is exceeded both
throughout the entire service area and within the City, the City
will be responsible for reimbursement to the County for those
containers replaced within its portion of the service area in
excess of 5 percent, at a cost of $6.00 per unit. This amount
will be determined annually by the County based on reports from
the Contractor, listing the actual number and location of replaced
containers. The reimbursement for any excess over the five (5)
percent shall be included in the next month's regular payment.
Section VIII
Reporting
The City shall be sent a copy of each Quarterly Recyclable
Material Revenue Statement issued to the County by the Contractor
within three wor ing days of receipt thereof by the County. This
document shall provide the basis for calculating the City's
payment /credit for the quarter's differential from the Recyclable
Materials Revenue Floor. The City shall also be sent a copy of
the Annual Report issued to the County by the Contractor.
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.
Page 6
Section X
Program Revisions
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 to, such items as variations in the required
preparation of materials by the resident or hours of collection.
In the event that such changes will require notice to the
residents, the County and the Contractor shall jointly take full
responsibility for providing adequate notice to all of the
residents.
Any major program changes having a material impact on the
financial relationship among the parties or resulting in
substantial variation in the amount and type of Recyclables
collected shall be subject to review by the City. However, the
County reserves the right to change or modify the Contract, and
the City agrees to be bound thereby without separate written
amendment to this Agreement as long as the unincorporated and
incorporated areas are affected equally by such modifications.
Section XI
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.
Page 7
Section XIII
Multi- Family Recycling Program Option
As part of the Contract, a multi - family program option will be
developed and implemented. This program would be available to the
City. The City shall receive periodic notice concerning
development of this program.
Section XIV
Default /Termination
In the event that the Contractor materially defaults, fails to
correct such default and termination occurs as specified in
Article 17 of the County Contract, the City shall share, in accord
with their proportional share of households, in the proceeds of
the performance bond in accord with Article 12 of the Contract,
less any reasonable expenditures made by the County, except as
provided below.
If, in this circumstance, the County determines that it is in the
best interest of the entire service area for either the County or
another private entity to provide this service under comparable
terms and conditions, the City agrees to continue participation in
the program.
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 the nature of this
default. The City shall have thirty (30) days from date of the
notice in which to resolve such default. In the event that the
City fails to resolve the default, the County shall have the
option to terminate this agreement and /or withhold local revenue
that the County distributes to the City in an amount sufficient to
pay for all recycling services provided to date for which the City
has failed to make payment, including the City's pro rata share of
any Recycling Materials Revenue deficit..
Section XV
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.
Page 8
The City acknowledges that the State Recycling and Education grant
is provided to all 'Local governments on a reimbursement basis and
agrees to make monthly payments to the County through the date of
such State reimbursement. At least thirty (30) days prior to the
anticipated date of State reimbursement, the City shall notify the
County of its intent to receive these funds directly. In the
event that such notice is not provided, the County shall retain
these funds and make future months' payments to the Contractor
from the City'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
modified, altered or amended only by a written amendment duly
executed by the parties hereto. Any oral representations or
modifications concerning this Agreement shall be of no force or
effect.
Section XVII
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.
Section XVIII
Approvals
Whenever approval of a Party is required by this Agreement, such
approval shall not be unreasonably withheld.
Section XIX
Performance by Parties
Except as otherwise provided in this Agreement, in the event of
any dispute arising over the provisions of this Agreement, the
parties shall proceed with the timely performance of their
obligations during, the pendency of any legal or other similar
proceedings to resolve such dispute.
Page 9
Section XX
Rights of Others.
Nothing in the Agreement 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.
Section XXI
Counterparts
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
performance of all terms and conditions to be kept and performed
pursuant to this Agreement.
Section XXIV
Representations of County
The County represents that (1) this Agreement has been duly
authorized, executed and delivered by the Board of County
Commissioners as the governing body of the County, and (2) it has
the required power and authority to perform this Agreement.
Section XXV
Representations of City
The City represents that (1) this Agreement
authorized, executed and delivered by the
Commissioners as the governing body of the City
the required power and authority to perform this
Section XXVI
Approvals and Notices
Page . 10
has been duly
Board of City
and (2) it has
Agreement.
Notices and approvals required or contemplated by this Agreement
shall be written and personally served or mailed, registered or
certified United States mail, with return receipt requested,
addressed to the parties as follows:
To County:
Dade County Department of
8675 NW 53rd Street, Suite
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
Solid Waste Management
201
33143
City Manager
Section XXVII
Term
The initial term of this Agreement shall begin on the date of
execution of this Agreement and end on June 30, 2006. Upon any
and all renewal(s) of the Contract in accordance with Article 1
thereof, this Agreement shall automatically be extended without
separate written amendment for the term(s) of any and all such
renewal period(s). This Agreement can only be terminated without
cause upon written consent of both parties.
IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused
this Agreement to be executed in its name by the County Manager or
his designee, attested by the Clerk of the Board of County
Commissioners and has caused the seal of the Board of County
Page 11
Commissioners to be hereto attached; and the City of South Miami,
Florida has caused this Agreement to be executed in its name by
the City Manager or his designee, attested by the Clerk of the
City Council and has caused the seal of the Council to be hereto
attached, all on the day and year first written above.
Attest:
Harvey Ruvin,
Clerk of the Board
By:
%Debiity C e r
PPP..V.eu
Attest:
Clerk of the Council
By:
Clerk
APPROVED AS TO FORM
AND LEG F CIENCY
By: V7/5(e
As 1stant Coun Attorney
METROPOLITAN DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS
By: 4111111111 /,�z
CITY OF
FLORIDA, BY ITS
COUNCIL
ity Manager