95-21819 Resoi 4
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Resolution No. 95-21819
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, RETROACTIVELY APPROVING AN
INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY FOR
THE CITY'S USE OF THE COUNTY' S SOLID WASTE MANAGEMENT
SYSTEM.
WHEREAS, pursuant to the negotiations between the City and
Metropolitan Dade County for the sale of the Ojus Tract to the
County, the City conceded to return its solid waste stream
(approximately 10, 000 tons per year collected from approximately
6, 500 customers, including single-family homes and multi-family
residential buildings with four or less units) to the County; and
WHEREAS, on September 14, 1995, the Board of County
Commissioners approved the attached Interlocal Agreement for the
City' s use of the County' s Solid Waste Management System; and
WHEREAS, a standard letter of intent was executed by the City
to use the .County' s Solid Waste Management System on September 25,
1995, prior to the October 1, 1995._deadline; and
WHEREAS, on November 3 , 1995, the attached Interlocal
Agreement, following review by the Administration and City
Attorney' s Office, was executed by the Mayor and City Clerk; and
WHEREAS, pursuant to the terms of the Interlocal Agreement,
the City is required to approve same by Resolution of the Mayor and
City Commission, on or before December 1, 1995 .
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission retroactively approve the attached Interlocal Agreement
with Metropolitan Dade County for the City' s use of the County' s
Solid Waste Management System.
Passed and adopted this 214 day of Nov ;ber , 1995 .
Mayor Seymour Gelber
ATTEST:
/ FORM APPROVED
LE I
f City Clerk 1
By
Date S ��
• Harvey �`�".uvin •
CLERK OF THE CIRCUIT AND COUNTY COURTS •
Dade County, Florida
J _ O
Or ' ° CLERK OF THE BOARD OF COUNTY COMMISSIONERS
1N
jkTi STEPHEN P. CLARK METRO-DADE GOVERNMENT CENTER
���' '�` `• SUITE 210
�"""" ogle 111 N.W. 1 st Street
�OOLum. Miami, Florida 33128-1983
' • Telephone: (305)375-5126
HARVEY RUVIN•
Clerk
November 6, 1995
Mr. Jose Garcia-Pedrosa
City Manager
City of Miami Beach r
City Hall
1700 Convention Center Drive
Miami Beach, FL 33139
Dear Mr. Garcia-Pedrosa:
Enclosed please find one original copy of the Interlocal
Agreement with the City of Miami Beach for Use of the County Solid
Waste Management System.
This Agreement was approved by the Board of County Commission at
its meeting of September 14, 1995, a Certified copy of Resolution
1198-95 approving this agreement is enclosed.
Sincerely,
HARVEY R , Cle,
L.By.
105 _ —__-
Kay Sullivan
KS:ea =_
Enclosures `
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. B3-9 5
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 21, 1995
FROM: Garcia-Pedrosa I
Jose Garda Pedrosa ��
City Manager /
SUBJECT: A RESOLUTIO 10F THE MAYOR AND CITY COMMISSION OF THE
CITY OF I 1 EACH,FLORIDA,RETROACTIVELY APPROVING AN
INTERLOCAL AGREEMENT WITH METROPOLITAN DADE COUNTY
FOR THE CITY'S USE OF THE COUNTY'S SOLID WASTE
MANAGEMENT SYSTEM.
ADMINISTRATION RECOMMENDATION:
It is recommended that the City Commission approve the attached Resolution authorizing the Mayor
and City Clerk to enter into an Interlocal Agreement with Metropolitan Dade County to dispose of
the City's solid waste,as required for the closure of the Ojus Property Sale Contractual Agreement.
BACKGROUND:
On March 1, 1995, the City Commission was advised that one of the terms required by the County
in order to reach an agreement with respect to the purchase of the Ojus Tract was for the County to
recapture the City's waste stream(approximately 10,000 tons per year collected from approximately
6,500 customers,including single-family homes and multi-family residential buildings with four or
less units).
On September 14, 1995, the Board of County Commissioners approved the Interlocal Agreement
for the City's use of the County's Solid Waste Management System. A standard letter of intent by
the City of Miami Beach to use the County's Solid Waste Management System was submitted on
September 25, 1995,prior to the October 1, 1995 deadline.
On October 25, 1995, the City Commission approved the proposed contract for sale of the Ojus
Property and authorized the City Manager to execute the required documents leading to the final
closing of said contract.
On November 3, 1995,the proposed Interlocal Agreement was executed. The attached Resolution
is hereby submitted for approval.
continued...
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AGENDA ITEM C FT
DATE I —2I -9 c
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Comm. Memo./Interlocal Agreement with November 21, 1995
Metropolitan Dade County for the Page 2
City's use of the County's Solid Waste
Management System
CONCLUSION
Based on the foregoing, the Administration recommends that the City Commission approve the
attached Resolution ratifying the executed Interlocal Agreement with Metropolitan Dade County
for the City's use of the County's Solid Waste Management System.
JGP:JP:blbm
Attachments
Page 1
INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND
CONTRACT CITIES FOR CITY USE OF THE COUNTY SOLID WASTE
MANAGEMENT SYSTEM
ti
This Interlocal Agreement ("Agreement") is made and entered into this O 3 day of
0)701).e,miter, 1995, by and between Metropolitan Dade County by and through its Board of
County Commissioners ("County") and those municipalities whose names appear in Exhibit
"A", attached hereto and made part hereof, their successors and assigns, hereinafter referred to as
Contract Cities, to provide for use of the County Solid Waste Management System by
Contract Cities for their Solid Waste disposal and transfer needs.
BACKGROUND RECITALS
Whereas, the Metropolitan 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 Dade County to provide for 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 Cities desire to use the County Solid Waste Management
System for their 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 Cities desire to reestablish or continue their reliance on 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 each
Contract City collects for disposal, or that which is collected for it by third parties under
contract with the Contract City 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 Cities desire to formalize their relationship
regarding Solid Waste disposal responsibilities consistent with the provisions of Section
403.706, Florida Statutes.
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:
DEFINITIONS
For the purposes of this Agreement, the following capitalized words and phrases shall be given
the following respective meanings:
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Board - the Metropolitan 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 terpretation of any federal, state or local law, regulation,
rule, requirement, ruling or ordinance, of the 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
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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.
Contract City (ies) - the municipal corporation or corporations existing under the laws of the
State of Florida, that enter into this Agreement with the County and whose names appear in
Exhibit "A" to this Agreement. For the purpose of this Agreement, the unincorporated areas of
Dade County, as delineated in Exhibit "D", shall be considered a Contract City.
County - Metropolitan Dade County, Florida by and through its Board of County
Commissioners.
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County Disposal Fee - the fee charged to dispose of Solid Waste at County-owned Solid Waste
disposal facilities or facilities operated under contract with the County for Solid Waste
disposal.
County Solid Waste Management System - The aggregate of those Solid Waste management
facilities owned by or operated under contract with Dade County, which shall include the North
Dade Landfill, South Dade Landfill, Resources Recovery Facility, Waste Management of
Florida, Inc. Landfill in the City of Medley, Florida,Northeast Transfer Station, Central Transfer
Station, West Transfer Station, and other such facilities as may be added to or deleted from this
listing from time to time, by the County Manager at his 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 Department of Solid Waste Management 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 Solid Waste from either
residential units or commercial establishments, or both residential units and commercial
establishments, within (a) designated service area(s) under the terms 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,
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 performing 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.
Municipal Solid Waste (MSW) or Solid Waste or Waste - all discarded materials or
substances, exclusive of Source-Separated Recyclable Materials, which each Contract City
collects for disposal, or that which 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.
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 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.
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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 fee(s) paid by private haulers or municipalities for
Short-Term Disposal of Solid Waste in the County Solid Waste Management System.
Source-Separated Recyclable Materials - materials separated from MSW 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, newspapers, telephone books, household batteries, glass containers,
plastic containers, steel cans, aluminum cans, and other Source-Separated Recyclable Materials
as may be added to this listing from time to time by the County Manager, at his sole discretion;
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 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 Solid Waste which each Contract City collects for disposal, or
that which is collected for it by third parties under contract with the Contract City 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 Solid Waste 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 Solid Waste disposal capacity for
the Solid Waste which each Contract City collects for disposal, or that which is collected for it
by third parties under contract with the Contract City 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 terms of this Agreement shall be substantially the
same for all Contract Cities.
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ARTICLE 3
RESPONSIBILITIES OF THE CONTRACT CITIES
A. Delivery of MSW to County. Each Contract City shall deliver all the MSW it collects for
disposal, or cause delivery of that MSW which is collected for it by third parties under contract
with the Contract City for disposal, excluding Source-Separated Recyclable Materials, to (a)
County Solid Waste Management System facility(ies), at Disposal Fee rates as specified herein.
Contract Cities which have entered into Solid Waste disposal agreements with third party
contractors prior to July 28, 1995, the terms of which extend into the term of this Agreement for
a portion of Fiscal Year 1995-96, are not obligated to deliver Solid Waste to the County for that
portion of Fiscal Year 1995-96 covered by the third party agreements, copies of which are
incorporated herein as Exhibit "C". Such Contract Cities shall otherwise adhere to all terms of
this Agreement. Area(s) of unincorporated Dade County, as delineated in Exhibit "D", which
incorporate subsequent to the date of this Agreement shall comply with all terms of this
Agreement, unless expressly relieved from doing so by resolution of the Board.
The Director may identify particular facilities to which each Contract City shall deliver its
Waste. Any Contract City may deliver its Waste to a County transfer facility if the applicable
Transfer Fee is paid to the County. At no time during the term of this Agreement shall any
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. No
Contract City shall be directed to deliver its Waste to a disposal facility which is farther from
that Contract City's boundaries than the closest county-owned disposal facility. No Contract
City shall be directed to deliver its Waste to a transfer facility which is farther from that
Contract City's boundaries than the closest county-owned transfer facility. In no case shall a
Contract City be required to deliver its Waste to a County Solid Waste Management System
facility which is farther than twenty (20) miles from that Contract City's nearest boundary in
order to take full advantage of it rights under this Agreement.
B. Use of Other Facilities Prohibited. Each Contract City shall not deliver any MSW it
collects for disposal, or cause or suffer delivery of that MSW which is collected for it by third
parties under contract with the Contract City for disposal, excluding Source-Separated
Recyclable Materials, to a Solid Waste disposal or transfer facility other than a County Solid
Waste Management System facility for the term of this Agreement. No Contract City shall
deliver any MSW it collects, or cause or suffer delivery of that MSW which is collected for it by
third parties under contract with the Contract City for disposal, other than Source-Separated
Recyclable Materials, to a materials recovery or recycling facility for the term of this
Agreement.
C. Hauler Contracts. Each Contract City shall include in any 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 Solid Waste collected for the Contract City shall be
delivered to a specified County Solid Waste Management System facility for disposal. This
provision shall apply to Exclusive Franchise or License agreements with Solid Waste haulers.
This provision shall not apply to a Non-Exclusive Franchise or License to haul Solid Waste.
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D. Disposal and Transfer Fees. Each 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. Each Contract City shall pay a maximum Disposal Fee of forty-five dollars
($45.00) per ton to the County for disposal of MSW delivered to County Solid Waste
Management System facilities for Fiscal Years 1995-96, 1996-97, and 1997-98. This Disposal
Fee shall be established by separate administrative order, which shall not become effective until
approved by the Board. As applicable, each Contract City shall pay a maximum Transfer Fee of
nine dollars ($9.00) per ton to the County for transfer of MSW delivered to County Solid Waste
Management System transfer facilities for Fiscal Years 1995-96, 1996-97, and 1997-98. 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, 1998, 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 five percent
(5%) per year for the term of this Agreement. In the event that the actual CPI increase or
decrease exceeds the five percent (5%) cap in a given Fiscal Year, the amount of CPI increase or
decrease above or below the five percent (5%) cap shall be applied to CPI increases or decreases
in future years when the CPI increase or decrease is less than five percent (5%). 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 each Contract 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 shall 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, asbestos,
construction and demolition debris, and clean yard trash, if provided to the County for disposal.
E. Terms of Payment. The County shall invoice the Contract Cities 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, each 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 Manager or his designee
shall confer with the Contract City and the County Manager or his designee shall resolve the
dispute not later than sixty (60) days after the date upon which the disputed invoice was received.
Should a Contract City disagree with the determination of the County Manager or his designee,
it may pursue any remedy at law except withholding payment.
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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 a 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. Each 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 Metropolitan Dade County, as amended
from time to time.
The County will supply each Contract City with monthly weighing records as may be
reasonably required by the Contract City to administer its Waste collection program. Copies 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) of the Metropolitan 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 condition.
ARTICLE 5
SHORT-TERM DISPOSAL
The Contract Cities agree that the County Solid Waste Management System may accept MSW
on a Short-Term Disposal basis from private or municipal haulers, so long as the capacity to
receive Solid Waste delivered on behalf of any 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 Waste to County disposal facilities (with the
exception of agreements for delivery of 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 Cities to any private hauler for
the term of this Agreement.
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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 each of the Contract Cities 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.
ARTICLE 8
DURATION OF AGREEMENT
The term of MSW deliveries by each Contract City to the County under this Agreement shall
commence with the date of execution and shall remain in effect up to and including October 1,
2015. The Agreement shall be executed and approved by resolution of each Contract City's
governing body on or before September 30, 1995, unless a standard letter of intent to enter into
this Agreement is received by the County before October 1, 1995, in which case, the
Agreement shall be executed and approved by resolution of each Contract City's governing
body on or before December 1, 1995, and shall become effective upon execution by the County.
A copy of the resolution of approval shall be transmitted to the County Manager 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 Cities 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.
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ARTICLE 11
REPRESENTATIONS OF THE CONTRACT CITIES
Each 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 provided in Exhibit "B", attached hereto
and made part hereof.
Changes in the respective addresses of Contract Cities provided in Exhibit "B" and of County
provided on the signature page 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 a Contract City assign, transfer, convey or otherwise hypothecate any interest,
rights, duties, or obligations hereunder, or any part thereof. In the event a Contract City
attempts to assign, transfer, convey or 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 that 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.
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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, or of any other right under this Agreement.
ARTICLE 17
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry out its obligations under this
Agreement during an y
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 cause 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 affected Contract City(ies)
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 as it applies to the Contract City(ies)
together with all rights granted to the County hereunder are terminated, effective upon such date
as is designated by the Contract City(ies); 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 each Contract City for services provided under the terms
of this Agreement. Notwithstanding any other provision of this article, the Contract City(ies)
shall not terminate this Agreement for a "County event of default" unless the Contract
City(ies) 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.
Page 11
ARTICLE 19
CONTRACT CITY EVENT OF DEFAULT
Without limitation, the failure by a 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 "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 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 Dade County, Florida.
ARTICLE 21
TERMINATION
This Agreement may be terminated upon mutual consent, in writing, between any 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.
Y i
Page 12
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
Commissioners to be hereto attached; and the Contract Cities named in Exhibit "A", have
caused this Agreement to be executed in theirs names by the Manager of each Contract City or
his designee, attested by the Clerk of each Contract City's governing body and has caused the
seal of each Contract City's governing body to be hereto attached, all on the day and year first
written above.
METROPOLITAN DADE COUNTY,
FLORIDA, BY ITS BOARD OF
Attest: COUNTY COMMISSIONERS
Harvey Ruvin,
Clerk of the Board .....s••s,
GO M4„f�s• y:
/A', /glike / /3/, .� .A® J'O o County M. ager
By. ° + ouwry , : Metropolitan Dade County Florida
.r'
1puty Clerk ;c) !o pP 111 N.W. 1st Street, 29th Floor
. o Miami, FL 33128
'%.#
fe
o'0•...•
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Dade County Attorney's Office
Mr. Henry N. Gillman, Assistant County Attorney
111 N.W. 1st Street, 27th Floor
Miami, FL 33128
Assistant County Attorney
Page 13
CONTRACT CITY
WITNESS: 4
e of Contract City
("IP, .
r �
- B y �. %.L
_,� —
M. or-I ommissioner
lb
ATTEST: By ' — —
Contract City Manager
/
/L—, 03 day of 1995.
rContract City Clerk
[corporate seal]
APPROVED AS TO FORM:
• - • -_ t City Attorney
,•- •- -
Not on,_)
Substitute
Agenda Item No. 5 (A) (22 )
9-14-95
RESOLUTION NO. R-1198-95
RESOLUTION AUTHORIZING EXECUTION OF A
STANDARD ' FORM OF INTERLOCAL AGREEMENT
BETWEEN METROPOLITAN DADE COUNTY AND
CONTRACT CITIES FOR CITY USE OF THE COUNTY
SOLID WASTE MANAGEMENT SYSTEM
WHEREAS, This Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF DADE COUNTY, FLORIDA, that this Board finds that it is in the best
interest of Dade County to approve the Standard Form of Interlocal Agreement between
Metropolitan Dade County and Contract Cities for city use of the county solid waste management
system, in substantially the form attached hereto and made a part hereof; and authorizes the
County Manager to execute the same, for and on behalf of Dade County, following proper
execution by each Contract City.
""Not On '
MEMORANDUM .' Substitute ,
107.07.17A, .,��.••••*AG- Agenda Item No. 5(A) (2 2 )
�-no o
T O: DATE: September 14 , 1995
Honorable Chairperson and Members
Bo. •;of Cou Commissioners SUBJECT: Substitute Resolution
• Authorizing Execution;of
FRO • Interlocal Agreements
4 andotiV dal, P.E. • with Municipalities for
County Manager Long-term Disposal Service
Recommendation
It is recommended that the Board of County Commissioners approve the attached resolution
authorizing execution of interlocal agreements with municipalities for the provision of long-term
municipal solid waste disposal services in substantially the form attached hereto.
Background
On April 4, 1995, the Board approved Phase I of the Strategic Plan for Dade County Solid Waste
Management which recommended a series of revenue enhancing measures to achieve financial
stability for implementation in FY95-96. Phase II of the plan focuses on ensuring that municipal and
unincorporated waste service is competitively priced and that long-term disposal needs are met while
optimizing the use of County waste disposal facilities.
The Solid Waste Management Team has worked extensively with the municipalities, Municipal
Association of City Managers and private industry groups to develop this agreement to provide for
long-term disposal service for municipalities in Dade County.
Crucial to the acceptance of the interlocal agreement is the County's commitment to a $45 per ton
disposal fee for three years with no Consumer Price Index (CPI) increase, and a limit on tipping fee
increases due to increases in the CPI thereafter, of five percent (5%) per year. The same fee increase
limitations apply to the $9 transfer fee. Further, if a municipality is directed to deliver its waste to a
transfer station the transfer fee will be waived. The County's ability to provide disposal service at this
fee level is a function of the amount of tonnage that returns to the County on a long-term basis.
Based on the level of participation demonstrated by the municipalities in developing the interlocal
agreement, this $45 per ton fee can be attained, if implemented in conjunction with the other
components of the proposed budget as recommended in the Strategic Plan approved in April 1995.
Some municipalities will be presenting the interlocal agreement to their Board or Council during this
month for approval. Working with the Association of City Managers, it has been agreed that for
those municipalities that are unable to schedule the item for a Board or Council agenda during this
month, a letter of commitment to recommend the interlocal agreement to their Board or Council by
December 1, 1995 would be acceptable to the County.
The interlocal agreement with the City of Miami will explicitly state that the City will not be directed
to deliver its waste to the South Dade Landfill for the term of the agreement. Otherwise. all
municipal interlocal agreements will be the same. Non-material changes may be made to individual
agreements; following. approval by the County Attorney's Office.
.Attachment
IS 0
CITY OF MIAMI BEACH
erl. —
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
•
September 25, 1995
Mr. Armando Vidal
Metro Dade County Manager
Office of the County Manager
111 N.W. 1st Street, Suite 2910
Miami, FL 33128-1994
- Re: STANDARD LETTER OF COMMITMENT TO ENTER INTO AN INTERLOCAL
AGREEMENT FOR USE OF COUNTY SOLID WASTE MANAGEMENT SYSTEM
Dear Mr .Vidal:
The Administration of the City of Miami Beach will recommend to the Mayor and City Commission
that it become a signatory to the standard interlocal agreement with the County for the use of the
County Solid Waste Management System on or before December 1, 1995,under the same terms as
those contract cities which became signatories to the agreement before October 1, 1995. The Miami
Beach City Commission will consider the standard interlocal agreement at its meeting of October 11,
1995.
The City of Miami Beach understands that until the standard interlocal agreement is approved and
executed by the City, and submitted to the County for approval,the existing$59.00 disposal fee rate
will apply to Municipal Solid Waste delivered by the City at County disposal facilities.
Thank you for your cooperation.
Sincerely,
Jose Garcia-Pedrosa
City Manager
JGP:JP:lcd
cc: Joe Pinon, Assistant City Manager
f:\vidaljgp.jp