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RESOLUTION 90-20009 RESOLUTION NO. 9 0-2 0 0 0 9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE, ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT BETWEEN DADE COUNTY AND THE CITY OF MIAMI BEACH TO PROVIDE RECYCLING SERVICES TO SINGLE FAMILY HOMES IN ACCORDANCE WITH THE CONTRACT BETWEEN DADE COUNTY AND INDUSTRIAL WASTE SERVICE , INC. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH: WHEREAS, the City of Miami Beach supports the concept of recycling to reduce use of landfills and protect our natural resources; and WHEREAS, the City of Miami Beach advocates providin& an efficient and cost effective recycling program to the citizens of the community; and WHEREAS, Dade County has entered into a contract with Industrial Waste Service , Inc., to provide recycling services; and WHEREAS, the contract provides for extending these services to all communities in Dade County; and WHEREAS, it is cost effective and expeditious for the City of Miami Beach to participate in the County program. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Clerk are hereby authorized to execute, on behalf of the City of Miami Beach, the attached Interlocal Agreement between the City of Miami Beach and Dade County for providing recycling services all in accordance with the contract between Dade County and Industrial Waste Service , Inc. PASSED and ADOPTED THIS 6th day of June , 1990. '114FATIftilki VICE-MAYOR FORM APPROVED Attest.. LEGAL DEPT. .,ftg,tit/ CITY CLERK Date �47.2.„.0. RAG/b 06 etio /(4 I e FLORIDA 3 3 1 3 9 * INCORP ORATED)* "VA CA TIONL,4 ND U. S. it " OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO.D9q_q6), DATE: June 6, 1990 TO: Mayor Alex D•= d and Members of e City Comm° s°• FROM: Rob W. Par ns WO k City Manager ,. I SUBJECT: MIAMI BEACH RECYCLING PROGRAM INTERLOCAL AGREEMENT WITH DADE COUNTY Metropolitan Dade County has entered into a contract with Industrial Waste Service (IW S) to provide collection service of recyclable materials at the curb for approximately 225,000 single family homes. The contract is written to provide for participation of all municipalities within Dade County. The City of Miami Beach has approximately 5,749 single family homes and participation in the County program would be the most expedititous and cost effective method of establishing a recycling program. The advantages of joining the program are as follows: • An immediate single family recycling program. • No capital cost for equipment. • Estimated to be overall most cost effective method of recycling. • Grant funds will absorb all program costs for the next several years. • Grant funds in hand for major education program. • Piggyback on highly publicized County program. To implement the single family recycling program, the following steps are required. Pass a resolution authorizing the City Manager to enter into an Interlocal Agreement with Metropolitan Dade County, including the initial payment of $3.56 per household served, to be reimbursed through the grant process. Adopt an ordinance prohibiting scavenging on Miami Beach. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission, subject to the approval of the Environmental and Clean City Committee, approve execution of the Interlocal Agreement between Metropolitan Dade County and the City of Miami Beach to povide single family recycling services, all in accordance with the County agreement with Industrial Waste Services. Further, that the City Commission adopt an ordinance prohibiting scavenging in the City of Miami Beach. RW P/RAG/b 24 AGENDA ITEM DATE 6- qO page 1 INTERLOCAL AGREEMENT FOR INCLUSION IN COUNTY CURBSIDE RECYCLING PROGRAM This Interlocal Agreement ( "Agreement" ) is made and entered into this 14th day of June , 1990 , by and between Metropolitan Dade County ( "County" ) and the City of mi, m; R ach ( "City" )) in order that the City may be included as aportion of the AREA to be COUNTY SERVICE provided with curbside collection of Recyclables Industrial Waste Services y by Inc. , An Attwoods Company, d/b/a Community Recycling ( "Contractor" ) under the terms and conditions set forth in the Agreement dated January 22, 1990 byand between the Countyand the Contractor "Contract" ) , �� (hereinafter, the Contract ) , a copy of which is attached hereto and incorporated �� �� p d herein by reference as Exhibit A . Section I Definitions In all instances , terms used in this Agreement shall definitions g have the contained in the Contract. Section II County Service Area - City ' s Portion The City' s portion of the entire CountyService Area is „ designated on the attached map (Exhibit "B" ) , incorporated herein by reference) . Section III Agreement Governs; Entire Agreement This Agreement is supplementaryto, and not intended ed to supersede, that certain interlocal agreement entered into byand between the County and the City dated ( February 3, 1989 ) ; providedhowever, � that in the event of any discrepancies between this Agreement and that certain interlocal agreement dated February 3, 1989 this Agreement shall, in pertinent part, govern and supersede the provisions of said interlocal agreement. it is agreed that no deviation from the terms g of this Agreement shall be predicated upon any prior representations or agreements a g by and between the parties hereto, whether oral or written. Section IV Collection Service City residents of single-family housingwill be provided ded with curbside collection service of recyclable materials in the manner provided for in the Contract . All residents included in the page 2 program will be responsible for preparation and la materials in the mannerP placement of specified pursuant to the Contract . All Participating City residents will be eligible County-wide "Recyclingg to call the Collection Information" telephone number P and receive assistance and information regarding recycling services provided pursuant to the Contract. Collection of materials will takelace on a schedule ule consistent with the hours and days provided for in the unincorporated area. Days or hours differingfrom P the unincorporated area collection service but coinciding with regular garbage or trash 9 service within the City (e.g. , Wednesdays and Saturdays ) may be provided subject to negotiation and agreement with Contractor and approval bythe County. Section V Authorization/Responsibilities The City hereby authorizes the Countyto act on its behalf in the administration of the contract for this recyclingservice in aljurisdiction. the areas of municiP However, the City will be responsible for monitoring all aspects (collection days, hours,meet, personnel etc. ) of Contractor ' s performance within its jurisdiction and reporting anyroblems or violations ns 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, provide the9 t, the City shall County with a list of all Residential Properties ies in the including both those to be serviced by the Contractor and exceptions agreed to bythe Cityand any 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 provided for in P le to that Section 15-2 of the Code of Metropolitan County. This list shall be P Dade provided to the County electronically in a format specified by the County. The City agrees to provide the Countywith an update of additions and deletions to this list each month in a format to be bythe County. This specified update shall be delivered to the Countyon the first day of the month. Anydiscrepancies monthly between the City' s house count and the Contractor ' s monthlybilling to the Cityshall allocated be reconciled through a field inspection to be performed bythe CountywithinP 60 days, with any corrections to be reflected in the subsequent month' s billingto the City.y. 6 page 3 Section VI Payments within ten ( 10 ) days of execution of this Agreement, shall , make a lumpg the City sum payment to the County of $ 3 . 56 times the number of Residential Properties within the Cityto be this program. served in p g Subject to negotiation, this payment maybe allocated to recycling Y y g o r educational expenses in accord with applicable State Recycling and Education Grant requirements . An alternative form of payment, such as an equivalent ivalent in-kind contribution or an increased MonthlyFeeper Residential maybe arranged Property, g d subject to negotiation and agreement with the Contractor and approval by the County. Y In compensation for provision of this recycling collection serviceon a regular basis , the City will make monthly payments to the County in an amount equal to the MonthlyFee ( as u rsuant to the determined P Contract) or such other fee, as negotiated pursuant to the previousparagraph, times the average number of Residential Properties serviced during that month within the s Cit ' portion p rtion of the entire County Service Area. In compliance with the Contract, if the Recyclable received bythe Y Material Revenue Contractor in any quarter is less than the Recyclable Material Revenue Floor for thequarter, a the Countyanthe City shall pay amount determined according to the following g ( 1 ) the Recyclable Material Revenue received for the quarter shall be subtracted from the Recyclable Material Revenue evenue Floor for that quarter, to determine the deficit; ( 2 ) the deficit shall then be divided bythe total number Residential of ia� Properties serviced; ( 3 ) the deficit per Residential Property shall multiplied P y then be , p ied by the number of Residential Properties serviced within theP City ' s incorporated units to determine the pro rata deficit; , and (4 ) the pro rata deficit shall then be multiplied by ercent to het p 25 P ermine the payment due from the City to the County for that quarter. 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 page 4 and shall receive a credit in an amount equal to one-fourth fourth ( 1/4 of that excess commensurate � with the proportion of Residential Properties serviced by the Contractor which are within incorporated limits . the City ' s P Such credit shall be deducted from the regular next gu payment of the Monthly Fees due to the Countyfrom and shall be noted on the City 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 Countywithin twenty ( 20 ) days of the date of an invoice from the County. The Countyshall responsible for makingthe total be Monthly Payment for the entire Service Area, including the City ' sortion to the accord with the ContractP � Contractor in Contract. Section vII Containers As provided for in the Contract, the Contractor shall be responsible for purchase of a sufficient number of f sets of containers to provide two (a blue and a green) properly containers to each Residential Property in the P Y labeled program. All containers delivered within the g incorporated area shall be the property of the Dade County Recycling Program.. e g 9 These containers are for the permanent use of the household to which theyare delivered for the specific purpose of participation curbside recyclingP P in a point program. The containers are intended to remainwith each property through the life of this contract and an subsequent extensions . In the event that a unit ' se residents vacate the property, the containers shall remain att that location for use by the subsequent residents . The Cityshall not containers in mark or label the any fashion prior to obtainingthe written the Count consent of Y• Additional or "new" containers shall belac newly- constructed ed at newly constructed and occupied Residential Properties added into to the program in the existing County Service Area by the Contractor at no cost. stolen containers will beLost or reported to the Contractor, who will be responsible for replacement at no charge upto percent annuallyg an amount of five ( 5 ) of the number of containers originally distributed to Residential g ly Properties within the City. In the event that the five ( 5 ) ercent allowance P is exceeded both throughout the entire service area and within the Cit will be responsible y, the City for reimbursement to the Countyfor those containers replaced within its portion of the service area in excess of 5 percent, at a cost of $ 6 . 00er unit. This his amount will be determined annually by the County based on reports from P the page 5 Contractor listing the actual number and location of replaced containers . The reimbursement for any excess over the five percent shall be included in the next month' s regular payment . ( 5 ) Section VIII Reporting The City shall be sent a copy of eachQuarterlyRecyclable y le Material Revenue Statement issued to the Coun y y he Contractor withinhin three working days of receipt thereof by the County. This document shall provide the basis for calculatingthe City' s payment/credit s Y p yment/credit for the quarter' s differential from the Recyclable Materials Revenue Floor. The City shall also be sent a copyof the Annual Report issued to the County by the Contractor. In addition, Monthly Project Reports and QuarterlyProject Reports � Status p 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 mayattend regular meetings any, held with the Contractor to reviewP erformance. Section IX Enforcement The City agrees to take such steps as mayreasonablybe toprotect necessary 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 s ion o f an anti-scavenging ordinance for the City. The Citystaff f f shall submit to the Municipal Council within a reasonable time, proposed anti-scavenging ordinance thata g g has been approved by the Contractor. Unless provided otherwise by County ordinance, the City shall be responsible for enforcement of this recyclingprogram in that portion of the service P g area within its incorporated limits. Section X Program Revisions Minor program adjustments affecting the entire Service Area may be made from time to time as agreed to bythe Countyand the Contractor. Such minor adjustments could include, but would not be limited to, such items as variations in the required qi.� preparation of page 6 materials by the resident or hours of collection . es willIn the event that such changes require notice to the residents , the Count and the Contractor shalljointlytake fully responsibility for providing adequate notice to all of the residents . Any major program changes having a material impact on amongtheP the financial relationship parties or resulting in substantial variation in the amount and type of Recyclables collected subject to review byY shall be the City. However, the County reserves the right to change or modify the Contract, and the City agrees to bebound thereby without separate written amendment to this Agreement as long as the unincorporated and incorporatedg P areas are affected equally by such modifications . Section XI Liquidated Damages In the event that the Contractor fails toerform the Contract, liquidated P in accord with qu ed damages will be imposed as provided for in the Contract. When these failures toperform take incorporated place within its p limits of the Service Area, the Cityshall be entitled to receive a credit towards the following month' s regular payment equal to 90 � P Ym ret in an amount 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 deliveryof Containers Recyclable and pickup of y le Materials to the City within 120 days of City' s ResidentialY receiving the Property list from the Countyor immediately followingimplementation P n of service to the unincorporated area, whichever is later. Contractor shall complete p ete delivery of Containers and implement pickup of Recyclable Materials ro Y in the new area at an approximate ximate 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. Section XIII Multi-Family Recycling Program Option As part of the Contract, a multi-familyprogram option ed and implemented . P g P will be developed This program would be available to the City. The City shall receiveeriodic notice ment ofP concerning development this program. page 7 Section XIV Default/Termination Contractor Material Default In the event that the Contractor materiallydefaults ,lts , fails to correct such default and termination occurs as specified in Article 17 of the Contract, the p City shall share, in accord with their proportional share of households, in therocs performance bondP eds of the in accord with Article 12 of the Contract,t, less any reasonable expenditures itures made by the County, except asrovided below. If, in this circumstance, County determines that p it is in the best interest of the entire service area for either the County or another private entity toprovide this comparable terms service under P and conditions, the City agrees to continue participation in the program. Otherwise, this Agreement shall terminate only the Citybythe upon notification to County pursuant to this Section XIV. During the initial seven-year term in which the contract effect, the remains in City shall not have the right to unilaterally this Agreement. terminate City Material Default The following shall constitute a material default o the Cit Y: n the part of 1 ) Failure of the City to makem a ent to the County y in accord with the provisions of Section VI of this Agreement.g In the event that such default occurs, the County shallrovide written notice to the Cityp concerning the nature of this default. The City shall have thirty ( 30 ) days from Y date of the notice in which to resolve such default. In the that the Cityfails event to resolve the default, the Countyshall agreement and to have the right to terminate this withhold local revenue that the County distributes to the City in an amount sufficient to pay for all recycling services y g provided to date for which the City has failed to make payment,including the City' s pro rata share of anyclip Materials Revenue deficit. Recycling g Additionally, the City shall be liable to, and indemnify, shall y, the County for any and all liabilityincurred the Countypursuant to by the Contract based upon the City' s default. Y 2 ) Failure of the City to comply substantiallywith any other material term, covenant, undertaking, obligation or condition required pursuant to this Agreement, including, without page 8 limitations , the Contract requirements imposed Agreement , P by Section v of the A g ent , if such failure is not corrected within thirty ( 30 ) days following receipt of written notice o P thereof from the County; provided , however, that , in the event that said failure cannot be remedied within thirty days , then the City shall be in default if it fails to take reasonable steps to commence and diligently prosecute correction of the failure within thirty ( 30 ) days followingreceipt pt of written notice thereof from the County. The City shall be liable to, and shall indemnify, the County, for anyand Y all liability incurred by the County pursuant to the Contract due City' s default. to the In the event of City default, the Countyat may, its option, at any time thereafter, declare this Agreement terminated without legal or equitable waiver of any g qu able action by the County against the City. Section XV State Recycling Grant Funds The City may choose to utilize State Recycling fundingto Y g and Education grant pay a portion of the monthly payments due to the Count Upon receipt of written notification from the City, the Cot• County agrees to take full responsibilityfor meeting requirements for all State making an annual recycling grant application for making thequarterlyexpensePP and reports to the State on behalf of the City as it relates to this curbside recycling circumstance, the City' sY g project. In this responsibility for meetingrant-related reporting State data and financial g requirements will be limited to providing information concerning any other municipal recycling programs . The City acknowledges that the State Recycling y g and Education grant is provided to all local governments on a reimbursement basis and agrees to make monthly payments to the Countythrough such State reimbursement. the date of At least thirty ( 30 ) daysprior anticipated date Y to the P of State reimbursement, the Citythe County of its intent to receive shall notify 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 City ' s P � Contractor from the y pro rata share of the grant proceeds . The County issue a monthlystatement shall 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 modified, alteredg ment may be or amended only by a written amendment duly page 9 executed by the parties hereto. Any oral representations or modifications concerningP 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 g not affect the meaning or interpretation of any provisions herein. Section XVIII Approvals whenever approval of a Party is required bythis Agreement,9 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 theprovisions of this Agreement, the parties shall proceed with the timely performance of their obligations g ns during the pendency of any legal or other similarroceedin s resolve such dispute. P g to Section XX Rights of Others Nothing in the Agreement expressed 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. • page 10 Section XXII Waiver There shall be no waiver of anyright related g to this Agreement unless in writing signed by the party waiving such right . No delay lay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a p waiver thereof. Any waiver shall be limited to the particular right so waived ived 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 pursuant to this Agreement. p performed Section XXIV Representations of County The County represents that ( 1 ) this Agreement authorized , executed9 has been duly and delivered by the Board of County Commissioners as the governingbodyof the o the required Countyand ( 2 ) it has power and authority to perform this Agreement. Section XXV Representations of City The City represents that ( 1 ) this Agreement g has been duly authorized , executed and delivered bythe City Commissioners as the governing body of the City, and ( 2 ) it has the requiredpower and authority to perform this Agreement. Section XXVI Approvals and Notices Notices and approvals required or contemplated bythis p Agreement shall be written and personally served or mailed , registered certified United States mail, g or with return receipt requested, addressed to the parties as follows : page 11 To County : Dade County Department of Solid Waste Management 8675 NW 4d Street , Suite 201 Miami , Flor jda 33166 Attn : Department Director 305/592-1776 To City : Public Works Department 1700 C~onvPnti nn rivo RPar Florida h . 33 139 Attn : Richard A. Gatti P.E. Director of Public Works 305/673 - 7620 .4/ t . 11x .1-' # � rt • • • page 12 Section XXVII Term The initial term of. this Agreement 9 shall begin on the date of execution of this Agreement and end on June s of 30 , 1997 . Upon any and all renewal ( s )) the Contract in accordance with thereof, this Agreement shallArticle 1 automatically be extended without separate written amendment for the term(s ) t ) °f $nY and all such renewal period (s ) . This Agreement can only be terminated cause upon written consent of both parties . without IN WITNESS WHEREOF, Metropolitan Dade County, this Agreement Florida , has caused 9 to be executed in its name bythe his designee, attested County Manager or by the Clerk of the Board of Commissioners and has caused theCounty seal of the Board of County Commissioners to be hereto attached ; and the City of Miami Beach Florida has caused this Agreement to ' Mayor g be executed in its name bythe y or his designee, attested by Council and the Clerk of the City has caused the seal of the Council to be hereto attached , all on the day and year first written above. METROPOLITAN DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: Richard P. Brinker, M� � • By. ' `= Clerk of theBoard • GO �Ss'; -;--2--- County Manager 0 0A • By Y " co uNTr • m, Du y C er ; o 7; \sc.). RNO i mo •'• o**ix ,►•'•• CITY OF MIAMI BEACH , LORIDA, BY ITS Attest: B ,er Clerk o y: 'E4r'___ f the Counc i.l VICE -MAYOR By: �' C er FORM APPROVED APPROVED AS TO FORM AND LEGAL s LEGAL DEPT. UFFICIENCY By: By Assistant County Attorney 3/90 Date ORIGINAL RESOLUTION NO. 90-20009 authorizing the Mayor and City Clerk to execute, on behalf of the City, an inter- local agreement between Dade County and the C.M.B. to provide recycing services to single family homes in accordance with the contract between Dade County and Industrial Waste Service , Inc.