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2009-26992 ResoRESOLUTION NO. 2009-26992 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT FOR INCLUSION OF THE CITY OF MIAMI BEACH IN THE MIAMI-DADE COUNTY RESIDENTIAL RECYCLING PROGRAM AND A MEMORANDUM OF UNDERSTANDING TO CLARIFY THE PROVISIONS OF THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PROVISION OF CURBSIDE RESIDENTIAL RECYCLING SERVICES TO THE CITY OF MIAMI BEACH, AND FURTHER RATIFYING THE PREVIOUS EXECUTION OF SUCH INTERLOCAL AGREEMENT AND MEMORANDUM OF UNDERSTANDING BY THE CITY MANAGER. WHEREAS, the City of Miami Beach has a strategic objective to increase the sustainability of the community; and WHEREAS, expanding and enhancing the City's recycling program is a key aspect in achieving the goal of greater sustainability in the community; and WHEREAS, the City has explored several options for the provision of recycling services to residential accounts; and WHEREAS, Miami-Dade County has implemented a single stream recycling program that will enable an expansion and enhancement of the City's recycling activities at no additional cost to residents and has been deemed to be the most beneficial for implementation in the City of Miami Beach; and WHEREAS, in order to participate in the Miami-Dade County residential recycling program, an Interlocal Agreement is required to be executed; and WHEREAS, in order provide for the timely delivery of recycling services to the community, the City Manager, with the advance approval of the City Commission and the Finance and Citywide Projects Committee, executed an Interlocal Agreement with Miami-Dade County for the provision of recycling services to residential accounts in the City of Miami Beach; and WHEREAS, in clarifying the generic terms of the Interlocal Agreement with Miami-Dade County, the City Manager also executed a Memorandum of Understanding with Miami-Dade County Department of Solid Waste, relative to unique terms and conditions of the recycling service for the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Interlocal Agreement with Miami-Dade County providing for the inclusion of the City of Miami Beach in the Miami-Dade County curbside recycling program is hereby approved and the previous action by the City Manager to execute the Interlocal Agreement is ratified. 2009-26992 Further, the City Manager's execution of the Memorandum of Understanding with Miami- Dade County for the provision of residential recycling services to the City of Miami Beach is also approved and ratified. PASSED and ADOPTED this 28thday of January , 2009. Mayor A EST: ~D~ ~~ Matti Herrera Bower ~'~"" ~ CITY CLERK Robert Parcher F:\cmgr\$ALL\BOB\SolidW asteMemoofUnderstandingRecycl ingSvcsReso.doc APPROVED AS TO FORM & LANGUAGE tf< FOR EXECUTION " _ y IG a i y me~ Da e COMMISSION ITEM SUMMARY Cnnrlpnsed Title' A Resolution ratifying the approval of an Interlocal Agreement and a Memorandum of Understanding to clarify provisions of the Interlocal Agreement with Miami-Dade County for the provision of residential recycling services. Ke Intended outcome Su ortea: Enhance the Environmental Sustainability of the Community (under Supporting Outcome to Sustainability of .,:_:__. Supporting Data (Surveys, Environmental Scan, etc.): Cleanliness appears as one of the most important areas affecting resident's quality of life. Cleanliness is ranked number 4 by residents as one of the changes that will make Miami Beach a better place to live, work, play or visit. 76% of residents rated garbage/trash collection as ood or excellent. Issue: Shall the Ma or and Cit Commission a rove the Resolution? Item Summary/Kecommenaat~on: At the December 12, 2008 Finance and Citywide Projects Committee meeting, the Committee reviewed several different options for the provision of recycling services to the residential accounts in the City of Miami Beach. The Committee members discussed issuing a bid for the recycling services and waiving competitive bidding to select a vendorfor recycling services, as well as the option of an Interlocal Agreement with Miami-Dade County for the provision of recycling services. The Committee unanimously approved of an Interlocal Agreement with Miami-Dade County for the provision of recycling services and further authorized the City Manager to execute the Interlocal Agreement, commence recycling services and to further negotiate a Memorandum of Understanding with the County to clarify terms and conditions in the Interlocal Agreement. Key concepts include: - Collection for recyclables remains on the weekly Wednesday schedule. - .Recycling services are offered in a single stream collection which allows residents to co-mingle all recyclable materials into the one (1) container. - Total cost to residents for the recycling service is $3.22 per household per month which represents a $.08 per month or $.96 per year increase in the cost of recycling to residents for the new service. The charge to residents currently levied for recycling service will not be adjusted and will remain as currently billed. The Finance and Citywide Projects Committee opted to support the Interlocal Agreement for recycling services with Miami-Dade County for the following reasons: - The cost for the improved service to residents is nearly the same. - The City will not have to bid and to supervise multiple contracts in order to provide quality recycling services to the residents of the City. - The implementation of the new single stream recycling services would be almost immediate therefore significantly advancing the City's recycling efforts. It is recommended that the members of the City Commission approve the Resolution which ratifies the Manager's execution of the Interlocal Agreement, together with the Memorandum of Understanding for the provision of recycling services to the City of Miami beach by Miami-Dade County. Adviso Board Recommendation: N/A Financial Information: Source of Amount Account Approved Funds: _ Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin Robert C. Middau h Si n-Offs: De artment Director Assistant Ci ana er ___ _ Ci Ma a er R JMG T:WGENDA\20091January 28\Regular\InterlocalAgreementCountyRecyclingSUM1-28-09.doc M ~-~ AGEII~~A ~ ~ ~2~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachN.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the ity Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 28, 2009 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RATIFYING THE APPROVAL OF AN INTERLOCAL AGREEMENT AND A MEMORANDUM OF UNDERSTANDING TO CLARIFY PROVISIONS OF THE INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE PROVISION OF RESIDENTIAL RECYCLING SERVICES. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS At the December 12, 2008 Finance and Citywide Projects Committee meeting, the Committee reviewed several different options for the provision of recycling services to the residential accounts in the City of Miami Beach. The Committee members discussed issuing a bid for the recycling services and waiving competitive bidding to select a vendor for recycling services, as well as the option of an Interlocal Agreement with Miami-Dade County for the provision of recycling services. The Committee unanimously approved of an Interlocal Agreement with Miami-Dade County for the provision of recycling services and further authorized the City Manager to execute the Interlocal Agreement, commence recycling services and to further negotiate a Memorandum of Understanding with the County to clarify terms and conditions in the Interlocal Agreement. Subsequent to the Finance and Citywide Projects Committee meeting approval, the City Manager executed the Interlocal Agreement with Miami-Dade County and recycling services commenced in Miami Beach during the Christmas Holiday time. To date, all recycling containers have been distributed through the community and a full transition has occurred between the previous recycling hauler and the current hauler pursuant to the Interlocal Agreement with Miami-Dade County. Initial recycling reports are impressive and it appears that the City is exceeding previous recycling quantities by a factor of three (3) times. After several weeks of operating experience, a more detailed report will be presented to the members of the City Commission for their information. The Interlocal Agreement which was approved by the Finance and Citywide Projects Committee and executed by the City Manager is attached. Also attached is a copy of the Memorandum of Understanding which clarifies specific terms and conditions as it relates to recycling services provided specifically to the City of Miami Beach. The basic terms and conditions of the Interlocal Agreement and the recycling service are as follows: • Each residential unit in the City of Miami Beach (approximately 6,500 accounts) is provided a recycling container as part of the cost for the program. • The standard container is a sixty (60) gallon container; however, residents at no cost can exchange for a larger ninety (90) gallon container or a smaller thirty (30) gallon container if their household use or space so dictates. • Collection for recyclables remains on the weekly Wednesday schedule. • Recycling services are offered in a single stream collection which allows residents to co- mingle all recyclable materials into the one (1) container. • Base recycling service for the City of Miami Beach is $2.47 per household per month. This is the same cost charged to all residents of the County utilizing this service. • An additional $.75 per household per month is added to the recycling costs for the City of Miami Beach in order to pay for the weekly collection. Standard service in Miami-Dade County is bi-weekly. • Total cost to residents for the recycling service is $3.22 per household per month which represents a $.08 per month or $.96 per year increase in the cost of recycling to residents for the new service. The charge to residents currently levied for recycling services will not be adjusted and will remain as currently billed. • The Interlocal Agreement provides for a thirty (30) notice by either party to the Agreement to cancel services. Prior to the Finance and Citywide Projects Committee's consideration of this item, recycling services pursuant to the Interlocal Agreement with Miami-Dade County was discussed and supported by the City's Sustainability Committee. The Finance and Citywide Projects Committee opted to support the Interlocal Agreement for recycling services with Miami-Dade County for the following reasons: • The cost for the improved service to residents is nearly the same. • The City will not have to bid and to supervise multiple contracts in order to provide quality recycling services to the residents of the City. • The implementation of the new single stream recycling services would be almost immediate therefore significantly advancing the City's recycling efforts. CONCLUSION The attached Interlocal Agreement is the standard form which has been approved by the Board of County Commissioners and is the base Agreement which is executed by any municipality choosing to have recycling services provided by Miami-Dade County. The attached Memorandum of Understanding creates clarification and fine tuning of the terms of the Interlocal Agreement so as to fit the service that has been negotiated for the City of Miami Beach. Specifically, the weekly collection has been inserted, as well as certain provisos relative to the maintenance and repair of recycling containers not found in the base Interlocal Agreement. The Memorandum of Understanding has been reviewed and approved by the City's Legal Department and it is recommended that the members of the City Commission approve the Resolution which ratifies the Manager's execution of the Interlocal Agreement, togetherwith the Memorandum of Understanding for the pr Ision of recycling services to the City of Miami Beach by Miami-Dade County. JM T: A\20091January 28\Regular\InterlocalAgreementCountyRecycling MEM01-28-09.doc 2 ~_ ~~~~~ ~~~1 1 City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Manager Tel: 305-673-7010 ,Fax: 305-673-7782 December 23, 2008 Mrs. Kathleen Woods-Richardson Director, Dept. of Solid Waste Management 2525 N.W. 62nd Street, 5th Floor Miami, Florida 33147 Re: Memorandum of Understanding (MOU) to Interlocal Agreement between Miami-Dade County (County) and City of Miami Beach (City) for Inclusion in the Miami-Dade County Curbside Recycling Program (the Program). Dear Mrs. Woods: This Memorandum of Understanding between the City and County is further intended to clarify and/or amend the terms and conditions of the above-referenced Interlocal Agreement. As allowed by Section XIII of the Interlocal Agreement between the City and County, other recycling options may be negotiated at a cost and scope agreeable to both parties. The relevant terms addressed by this MOU are set forth below as follows: 1. Any reference to the "program" or "Program" in the Agreement is intended to refer to the Miami-Dade County Curbside Recycling Program, as defined in Paragraph 1 (the introductory paragraph) of the Agreement. 2. Any reference to "Contractor" in the Agreement is intended to refer to any and all contractors who enter into Contracts (as said term is defined in Section I of the Agreement) with the County. 3. Section IV of the Agreement is further clarified to stipulate that participating households in the Program within the City will be provided curbside collection service of recyclable materials on no less than a weekly basis (rather than the base bi-weekly service provided in the Agreement to other Program participants). Such service shall be provided on Wednesday of each week. The City shall pay an additional $.75 per participating household, per month, for said service. 4. Section V, line 2 -the phrase "contract for this recycling service" is intended to refer to the "Contracts." 5. Section V, paragraph 2, is only intended to refer to those terms and conditions in the Contracts (between the County and Contractors) which pertain to or describe the scope of services to be provided under each Contract, and shall not require the City to be liable or otherwise responsible for compliance, on the County's behalf, for any non-scope related terms in the Contracts (including, without limitation, insurance, indemnification, and other non-scope related requirements) which are solely the responsibility of the contracting parties (i.e. the County and/or the Contractor, as the case may be). 6. Section V, paragraph 3 -reference in line 2 to the "list" is intended to refer to the list of participating residents/households in the Program within the City. Memorandum of Understanding December 23, 2008 Page 2 of 3 7. Section VI, line 2 -reference to the "Monthly Fee" shall refer to the monthly fee set forth in paragraph 2 thereof. 8. Section VI, paragraph 3 - reference to the "Collection Payment," shall be based on, and refer to, the Monthly Fee. 9. Section VI, paragraph 4, line 2 -delete the word "twenty." 10. Section VII, paragraph 1, line 7 -the phrase "through the life of any contracts and/or subsequent extensions" is intended to refer to the term of this Interlocal Agreement and any extensions thereof. 11. Section VII is further clarified and amended to provide the following: It is agreed that participating residents of the City, at no additional expense to either the resident or the City may request an exchange of a larger (approximately 95 gallons) or smaller (approximately 35 gallons) container from the County. It is agreed that any recycling containers that are damaged will be repaired or replaced at the discretion of the County, at no expense to participating residents or to the City. In the event a container is intentionally damaged by the resident, it will be repaired or replaced at the discretion of the County at the residents expense. It is agreed that in the event new recycling containers are required, or repaired/replaced containers are necessary, such action shall be completed by the County within fourteen (14) days of notification by the City or the participating resident, whichever notice is earlier. It is agreed that in the event a participating resident requests an additional recycling container it shall be provided at a flat rate, as established by the County for all Program participants (as set forth annually in the Department's fee schedule as part of the annual budget). Stolen containers will only be replaced if a police case number is provided by the resident to the County. 12. Section VII, paragraph 4, is clarified to provide that the cost of the recycling containers shall be amortized over a ten (10) year period, commencing upon the effective date of the Agreement. The City's portion for payment of the recycling containers is already included in the Monthly Fee ($.40 of the Fee). 13. Section IX is further clarified and amended to provide the following: The County acknowledges that the City currently has an Anti-Scavenging Ordinance. Accordingly, the City has complied with Section IX and no additional City Ordinance (including preparation or submission to Miami-Dade County of same) shall be required pursuant to this Section and throughout the Term of this Agreement, unless otherwise mutually agreed to and approved by the parties. We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic communif~~. Memorandum of Understanding December 23, 2008 Page 3 of 3 14. Section X is further clarified and amended to provide the following: It is agreed by the parties that this Section is intended to mean that no changes to the terms of Program service provided to the City shall be made without the prior written approval of the City of Miami Beach. 15. Section XI is further clarified and amended to provide the following: It is agreed and understood by the parties that, pursuant to the Contracts, the County reserves the right to impose and collect liquidated damages for non- performance from a Contractor but that, notwithstanding the County's assessment of such damages against the Contractor, the County acknowledges, that the specific service that was not performed shall be performed withintwenty- four (24) hours of notification (of non-performance) by either a participating resident or the City. The terms of this Memorandum of Understanding are agreed to by Miami-Dade County (as indicated by the signature of the Director of the Department of Solid Waste, below) and are hereby incorporated into the Interlocal Agreement, as provided in Section XVI thereof. Kathleen Woods-Richardson, Director of Department of Solid Wastes Date The terms of this Memorandum of Understanding are agreed to by the City (as indicated by the signature of the City Manager, below) and are hereby incorporated into the Interlocal Agreement, as provided in Section XVI thereof. Jorge M. Gonzalez, City Manager Date cc: Robert Middaugh, Assistant City Manager Fred Beckmann, Public Works Director Alberto Zamora, Sanitation Director Raul J. Aguila, Deputy City Attorney F:\cmgr\$ALL\BOB\Solid Waste -Memorandum of Understanding for Recycling Services.doc We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic cornmunih~.