2015-29043 Reso RESOLUTION NO. 2015-29043
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE MAYOR AND CITY COMMISSION TO APPROVE
THE SECOND AMENDED AND RESTATED INTERLOCAL
AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CITY'S USE OF
THE COUNTY'S SOLID WASTE MANAGEMENT SYSTEM.
WHEREAS, municipalities that desire to use Miami-Dade County's Solid Waste
Management System for their waste disposal needs by entering into a long-term
Interlocal Agreement with the County; and
WHEREAS, on November 21, 1995, the Mayor and City Commission adopted
Resolution No. 95-21819 which retroactively approved the Interlocal Agreement with
Miami Dade County for the City's use of the County's Solid Waste Management System;
and
WHEREAS, the current Interlocal Agreement will expire on October 1, 2015; and
WHEREAS, on March 5, 2013, the Board of County Commissioners adopted
County Resolution No. R-167-13, which approved the Second Amended and Restated
Interlocal Agreement between the County and "Contract Cities" (which, among others,
includes the City of Miami Beach) for use of the County Solid Waste Management
System (the Agreement); and
WHEREAS, the term of the new Agreement shall commence upon the date of
execution and shall remain in effect up to and including October 1, 2032; and
WHEREAS, the Administration recommends that the Mayor and City
Commission approve the Second Amended and Restated Interlocal Agreement,
attached as exhibit "A" hereto, and authorize the Mayor and City Clerk to execute the
Agreement.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby, approve and authorize the Mayor and City Commission to approve
the Second Amended and Restated Interlocal Agreement with Miami-Dade County for
the City's use of the County's Solid Waste Management 714 System.
PASSED AND ADOPTED this /0 day of .
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City Attorney Date
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida Authorizing The
Mayor And The City Commission To Approve The Second Amended And Restated Interlocal Agreement
With Miami-Dade County For The City's Use Of The County's Solid Waste Management System.
Key Intended Outcome Supported:
Improve Cleanliness
Supporting Data (Surveys, Environmental Scan, etc.): N/A
Item Summary/Recommendation:
Municipalities that desire to use Miami-Dade County's Solid Waste Management System for their waste
disposal needs by entering into a long-term Interlocal Agreement with the County.
On November 21, 1995, the Mayor and City Commission adopted Resolution No. 95-21819 which
retroactively approved the Interlocal Agreement with Miami Dade County for the City's use of the County's
Solid Waste Management System. The current Interlocal Agreement will expire on October 1, 2015.
On March 5,2013, the Board of County Commissioners adopted County Resolution No. R-167-13,which
approved the Second Amended and Restated Interlocal Agreement between the County and "contract
Cities" (which, among others, includes the City of Miami Beach) for use of the County Solid Waste
Management System(the Agreement). The term of the new Agreement shall commence upon the date of
execution and shall remain in effect up to and including October 1, 2032.
ANALYSIS
Based upon Article 3: Responsibilities of the Contract City Subsection`D"of the Interlocal Agreement; The
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.
Disposal and transfer fees may increase and/or decrease based upon U.S. Government Consumer Price
Index for all urban consumers for the southeast region of the United States (CIP) for the prior period of
July 1 through June 30.
THE ADMINISTRATION RECOMMENDS THAT THE MAYOR AND CITY COMMISSION APPROVE THE
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT, ATTACHED AS EXHIBIT "A"
HERETO,AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE AGREEMENT.
Advisory Board Recommendation:
N/A
Financial Information:
Source of Amount Account
Funds: 1 $286,000 435-0430-000355 Miscellaneous Expenditure
1 2
(� 3
OBPI Total $286,000
Financial Impact Summary: Current FY expenditures are estimated at the approved budgeted
amount of$286,000. Future expenditures will be based on approved budgeted amounts.
City Clerk's Office Legislative Tracking:
Sign-Offs:
Department Director Assist, Manager C y anager
Ee ETC ,. T J LM
MIAMI BEACH AGENDA ITEM C 7L
DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Me bers of the City Commission
FROM: Jimmy L. Morale., City M. ger
DATE: June 10, 2015 ( .
SUBJECT: A RESOLUTIO r OF HE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEA H, FLORIDA AUTHORIZING THE MAYOR AND THE CITY
COMMISSION TO APPROVE THE SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CITY'S
CONTINUED USE OF THE COUNTY'S SOLID WASTE MANAGEMENT
SYSTEM.
ADMINISTRATION RECOMMENDATION
Adopt the resolution.
FUNDING
$286,000 435-0430-000355— Miscellaneous Expenditures
Current FY expenditures are estimated at the approved budgeted amount of$286,000.
Future expenditures will be based on approved budgeted amounts.
BACKGROUND
Municipalities that desire to use Miami-Dade County's Solid Waste Management System for
their waste disposal needs by entering into a long-term Interlocal Agreement with the
County.
On November 21, 1995, the Mayor and City Commission adopted Resolution No. 95-21819
which retroactively approved the Interlocal Agreement with Miami Dade County for the City's
use of the County's Solid Waste Management System. The current Interlocal Agreement
will expire on October 1, 2015.
On March 5, 2013, the Board of County Commissioners adopted County Resolution No. R-
167-13,which approved the Second Amended and Restated Interlocal Agreement between
the County and "contract Cities"(which, among others, includes the City of Miami Beach)for
use of the County Solid Waste Management System (the Agreement). The term of the new
Agreement shall commence upon the date of execution and shall remain in effect up to and
including October 1, 2032.
ANALYSIS
Based upon Article 3: Responsibilities of the Contract City Subsection "D"of the Interlocal
Agreement; The 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.
June 10, 2015
Commission Memorandum-Interlocal Agreement MDC
Page 2 of 2
Disposal and transfer fees may increase and/or decrease based upon U.S. Government
Consumer Price Index for all urban consumers for the southeast region of the United States
(CIP) for the prior period of July 1 through June 30.
CONCLUSION
The Administration recommends that the Mayor and City Commission approve the Second
Amended and Restated Interlocal Agreement, attached as exhibit"A"hereto, and authorize
the Mayor and City Clerk to execute the Agreement.
JM/MT/ETC/JJF/TC
T:\AGENDA\2015\June\PUBLIC WORKS\Interlocal Agreement Commission Memo May 2015.doc
EXHIBIT
Page 1 b
. i
SECOND AMENDED AND RESTATED INTERLOCAL AGREEMENT BETWEEN
MIAMI-DADE COUNTY AND CONTRACT CITIES FOR USE OF THE COUNTY
SOLID WASTE MANAGEMENT SYSTEM
This Interlocal Agreement ("Agreement") is made and entered into this day of
, 20 , by and between Miami-Dade County by and through its Board
of County Commissioners ("County") and Miami Beach by and through its Commission
hereinafter referred to as Contract City, to provide for use of the County Solid Waste
Management System by the Contract City for its municipal solid waste disposal and
transfer needs.
BACKGROUND RECITALS
Whereas, the Miami-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 Miami-Dade County to provide for municipal 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 City desires to use the County Solid Waste Management
System for its municipal 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 City desires to use 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 disposal capacity for municipal solid waste the Contract City collects 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 City desire to formalize their relationship
regarding municipal solid waste disposal responsibilities consistent with the provisions of
Section 403.706, Florida Statutes.
Whereas, the amended agreement as stated herein shall be available to all
municipalities.
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:
County Resolution No. R-167-13
Contract City Resolution No.
Page 2
DEFINITIONS
For the purposes of this.Agreement, the following capitalized words and phrases shall be
given the following respective meanings:
Board -the Miami-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 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 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.
County Resolution No R-167.13
Contract City Resolution No
Page 3
Contract Cities — a municipal corporation or corporations existing under the laws of the
State of Florida, that enter into this Agreement with the County. For the purpose of this
Agreement, the unincorporated areas of Miami-Dade County as geographically configured
on February 16, 1996 shall be considered a Contract City.
County—Miami-Dade County, Florida by and through its Board of County Commissioners.
County Disposal Fee - the fee charged to dispose of municipal solid waste or solid waste at
County-owned disposal facilities or facilities operated under contract with the County for
municipal solid waste or solid waste disposal.
County Solid Waste Management System - The aggregate of those solid waste
management facilities owned by or operated under contract with Miami-Dade County,
which shall include the North Dade Landfill (21500 NW 47th Avenue), South Dade Landfill
(23707 SW 97th Avenue), Resources Recovery Facility (6990 NW 97th Avenue), Waste
Management of Florida, Inc. Landfill in the City of Medley, Florida (9350 NW 89th
Avenue), Northeast Transfer Station (18701 NE 6th Avenue), Central Transfer Station (1150
NW 20th Street) and West Transfer Station (2900 SW 72nd Avenue), and other such facilities
as may be added to or deleted from this listing from time to time, by the County Mayor at
his/her 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 Public Works and Waste Management Department 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 municipal solid
waste or 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,
tornado, 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.
County Resolution No. R-167-13
Contract City Resolution No.
Page 4
Municipal Solid Waste (MSW) — all discarded materials or substances, exclusive of
source-separated recyclable materials, which the Contract City collects for disposal or 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. This
definition is not intended to include any waste collected by any entity whose sole
relationship with the Contract City is a franchise or license and which entity does not collect
any waste on behalf of the Contract City. In addition, this definition is not intended to
include waste collected at any city owned facility.
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 solid 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.
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 higher fee(s) paid by private haulers or municipalities
for Short-Term disposal of solid waste in the County Solid Waste Management System.
Solid Waste — all discarded materials or substances, exclusive of source-separated
recyclable materials, 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, which materials or substances are not collected by or on behalf of a Contract
City.
Source-Separated Recyclable Materials - materials separated from municipal solid waste
or solid waste 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, aseptic and gable-top
containers, corrugated cardboard, magazines, mixed waste paper, newspapers, telephone
books, household batteries, glass containers, plastic containers, steel cans and aluminum
cans, and other source-separated recyclable materials as may be approved for addition to this
listing from time to time by the County Mayor or his/her designee, which approval shall not
County Resolution No. R-167-13
Contract City Resolution No. _
Page 5
be unreasonably withheld; such additions may be made by use of an attachment hereto
Y � Y Y
without need for formal amendment to this Agreement.
Transfer Fee - the fee charged to transfer municipal solid waste or 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 MSW which each Contract City collects or is collected for it
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 MSW 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 MSW
disposal capacity for the MSW which the Contract City collects or is collected for it 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.
ARTICLE 3
RESPONSIBILITIES OF THE CONTRACT CITY
A. Delivery of MSW to County. The Contract City shall deliver all the MSW it collects
or is collected for it for disposal, to a County Solid Waste Management System facility(ies)
at Disposal Fee rates as specified herein. Delivery of MSW by Contract City to the Waste
Management Inc. of Florida landfill in Medley, Florida shall be permitted for the term of
this agreement; provided that, (1) the County's agreement with Waste Management Inc. of
Florida, dated July 31, 1998, is in effect, (2) the landfill is accepting MSW for disposal, and
(3) MSW from (a) Contract City(ies) is not needed at the Resources Recovery facility, as
determined by the Director, in his/her sole discretion.
County Resolution No. R-167-13
Contract City Resolution No.
Page 6
The Director may identify particular facilities to which the Contract City shall deliver its
MSW subject to the following:
(i) The Contract City may deliver its MSW to a County transfer facility(ies) if the
applicable transfer fee is paid to the County.
(ii) At no time during the term of this Agreement shall a 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.
(iii) The Contract City shall not be directed to deliver its MSW to a disposal facility
which is farther from the Contract City's boundaries than the closest county-
owned disposal facility.
(iv) The Contract City shall not be directed to deliver its MSW to a transfer facility
which is farther from the Contract City's boundaries than the closest county-
owned transfer facility. In no case shall the Contract City be required to deliver
its MSW to a County Solid Waste Management System facility which is farther
than twenty (20) miles from the Contract City's nearest boundary in order to
take full advantage of it rights under this Agreement.
(v) Regardless of the operating status of the County's Resources Recovery Facility,
the Contract City shall be entitled to dispose of MSW at the Facility and to pay
the regular disposal rate that applies to Contract Cities, which shall be the
County's lowest rate for MSW disposal, for the term of this Agreement.
B. Use of Other Facilities Prohibited. The Contract City shall not deliver any MSW it
collects or is collected for it for disposal to a solid waste disposal or transfer facility other
than a County Solid Waste Management System facility for the term of this Agreement.
The Contract City shall not deliver any MSW it collects or is collected for it, to a materials
recovery or recycling facility for the term of this Agreement.
Notwithstanding the foregoing, in the event that the County approves an operating permit
for a solid waste disposal or transfer facility located within Miami-Dade County:
Other than:
(i) A facility that is a part of the County Solid Waste Management System;
(ii) A facility that is used exclusively to facilitate the delivery of MSW to County
Solid Waste Management System facilities; or
County Resolution No. R-167-13
Contract City Resolution No.
Page 7
(iii) A facility that is subject to a solid waste disposal agreement with the County,
which agreement shall not allow acceptance of third party waste either by
agreement or regulation;
Then in that case:
the Contract City shall have the option to either pursue a permit for operation of a solid
waste disposal or transfer facility for all or a portion of its MSW disposal needs or deliver all
or a portion of its MSW to the permitted solid waste disposal or transfer facility(ies) that
meets the criteria established herein, provided however that any portion of the Contract
City's MSW that is not so disposed must continue to be delivered to the County pursuant to
the terms of this Agreement.
C. Hauler Contracts. The Contract City shall include in any MSW collection 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 MSW collected for the
Contract City shall be delivered to a County Solid Waste Management System facility for
disposal. This provision shall apply to exclusive franchise or license agreements with Solid
Waste haulers to collect MSW on the Contract City's behalf. This provision shall not
apply to a non-exclusive franchise or license to haul Solid Waste that is not collected on the
Contract City's behalf.
D. Disposal and Transfer Fees. The 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. As of October 1, 2012, the Contract City shall pay a
Disposal Fee of sixty-three dollars and sixty-five cents ($63.65) per ton to the County for
disposal of MSW delivered to County Solid Waste Management System facilities. This
Disposal Fee shall be established by separate administrative order, which shall not become
effective until approved by the Board. As applicable, as of October 1, 2012 the Contract
City shall pay a Transfer Fee of twelve dollars and fifty-two cents ($12.52) per ton to the
County for transfer of MSW delivered to County Solid Waste Management System transfer
facilities. 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, 2013, 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 four percent (4%) per year for the term of this Agreement. In
the event that the actual CPI increase or decrease exceeds the four percent (4%) cap in a
given Fiscal Year, the amount of CPI increase or decrease above or below the four percent
(4%) cap shall be applied to CPI increases or decreases in future years when the CPI
increase or decrease is less than four percent (4%). 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 the Contract
County Resolution No. R-167-13
Contract City Resolution No.
Page 8
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 and asbestos, if provided
to the County for disposal.
E. Terms of Payment. The County shall invoice the Contract City 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, the
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
Mayor or his/her designee shall confer with the Contract City and the County Mayor or
his/her designee shall resolve the dispute not later than sixty (60) days after the date upon
which the disputed invoice was received. Should the Contract City disagree with the
determination of the County Mayor or his/her designee, it may pursue any remedy at law
except withholding payment.
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 the 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. The 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 Miami-
Dade County, as amended from time to time.
The County will supply the Contract City with monthly weighing records as may be
reasonably required by the Contract City to administer its waste collection program. Copies
County Resolution No. R-167-13
Contract City Resolution No.
Page 9
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
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accordance with Section 15-25, Subsections (b) and (d) of the Miami-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 and accurate weighing condition.
ARTICLE 5
SHORT-TERM DISPOSAL
The Contract City agrees that the County Solid Waste Management System may accept
Solid Waste on a Short-Term Disposal basis from private or municipal haulers, so long as
the capacity to receive MSW delivered on behalf of the 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
Solid Waste to County disposal facilities (with the exception of agreements for delivery of
Solid 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 City to any private hauler for the term of this
Agreement.
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 the Contract City 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.
County Resolution No. R-167-13
Contract City Resolution No.
Page 10
ARTICLE 8
DURATION OF AGREEMENT
The term of MSW deliveries by the 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, 20 . The Agreement shall be executed and approved by resolution of the
Contract City's governing body and shall become effective upon execution by the County.
A copy of the resolution of approval shall be transmitted to the County Mayor 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 City 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.
ARTICLE 11
REPRESENTATIONS OF THE CONTRACT CITY
The 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 follows:
To County -
Miami-Dade County
Office of the Mayor
Stephen P. Clark Center
111 NW 1st Street
Miami, Florida 33128
County Resolution No. R-167-13
Contract City Resolution No.
Page 11
To Contract City-
Jimmy Morales
City Manager
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Changes in the respective addresses above 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 the Contract City assign, transfer, convey or otherwise hypothecate any
interest, rights, duties, or obligations hereunder, or any part thereof In the event the 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 the
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.
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 of any other right under this Agreement.
County Resolution No. R-167-13
Contract City Resolution No.
Page 12
ARTICLE 17
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry out its obligations under this
Agreement during any 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
Contract City 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, together with all
rights granted to the County, hereunder are terminated, effective upon such date as is
designated by the Contract City; 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 the Contract City for services provided under the terms of this
Agreement. Notwithstanding any other provision of this article, the Contract City shall
not terminate this Agreement for a "County event of default" unless the Contract City 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.
ARTICLE 19
CONTRACT CITY EVENT OF DEFAULT
Without limitation, the failure by the 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
County Resolution No. R-167-13
Contract City Resolution No.
Page 13
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 MIAMI-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 Miami-Dade County,
Florida.
ARTICLE 21
TERMINATION
This Agreement may be terminated upon mutual consent, in writing, between the 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,
necessary in order to conform with
word or phrase shall be deemed modified to the extent ecess
P Y
such laws, and this Agreement shall remain in full force and effect.
County Resolution No. R-167-13
Contract City Resolution No.
Page 14
IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be
executed in its name by the County Mayor or his/her 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 City has caused this Agreement to
be executed in its name by the Manager/Mayor of the Contract City or his/her designee,
attested by the Clerk of the Contract City's governing body and has caused the seal of the
Contract City's governing body to be hereto attached, all on the day and year first written
above.
Attest: HARVEY RUVIN, MIAMI-DADE COUNTY, FLORIDA
Clerk of the Board BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Deputy Clerk County Mayor
Miami-Dade County Florida
111 N.W. 1st Street, 29th Floor
Miami, FL 33128
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Miami-Dade County Attorney's Office
111 N.W. 1st Street
Miami, FL 33128
Assistant County Attorney
County Resolution No. R-167-13
Contract City Resolution No.
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