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RESOLUTION 91-20318 RESOLUTION NO. 91-20318 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING A GRANT AGREEMENT IN THE AMOUNT OF TWENTY FIVE THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS ($25,975) BETWEEN THE CITY OF MIAMI BEACH AND DADE COUNTY RECYCLING, INC. FOR A PILOT PROGRAM FOR MULTI-STORY BUILDINGS, AND AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE THE GRANT AGREEMENT. WHEREAS, on February 1, 1989 , the City of Miami Beach (the "City") passed resolution No. 89-19527 authorizing its Mayor and City Clerk to enter into an interlocal agreement (the "Interlocal Agreement") with Dade County, Florida (the "County") in order to make a joint application to the state of Florida solid waste management grant program for the funding of recycling and related educational projects in accordance with Section 403 . 7095 of the Florida Statutes; and WHEREAS, the City and the County entered into the Interlocal Agreement on February 3 , 1989 , which agreement was entitled "Interlocal Agreement for Joint Solid Waste Management Grant Application" ; and WHEREAS, Dade County Recycling, Inc. has the exclusive right in the County to sell, market, lease, service and repair a certain unique system known as the "Hi-Rise Recycling System" for separating refuse disposed of by occupants of multi-story buildings into separate types of trash; and WHEREAS the City is desirous of using recycling grant monies for a pilot program utilizing the Hi-Rise Recycling System; and WHEREAS, Dade County Recycling, Inc. is desirous of providing the City with a pilot program utilizing the Hi-Rise Recycling System to enable the City to achieve its recycling goals; and WHEREAS, the City Manager recommends the Grant Agreement and the City Attorney has approved it as to form. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a Grant Agreement in the amount of twenty five thousand nine hundred seventy five dollars ($25,975) between the City of Miami Beach and Dade County Recycling, Inc. for a pilot program for multi-story buildings is hereby approved and the Mayor and City clerk are hereby authorized to execute the Grant Agreement. PASSED and ADOPTED this 19th day of June , 1991. '4.,; OR ATTEST: c.L4 13Tycv.A . CITY CLERK FORM APPROVED PNB: lm LEGAL DEPt .C77,g-t-4n--- C:RESOLUTI\recyclin.dad By /y9ef Date - - "4:'i q,_r.•-'a S•fex..ys--F-%Ai'-'is.rl' -•-M. .s,,. .'7- <'f-1 ,r" c.,C.. ._...., . :f R: i_,a+•_. .a. `YY"- ••`i :•!.;-' ! _ _ _ 3•F.a .+,-. ._�_ v:\Z; -I ' {r'►.` ..,,,.. ".•7.it�,'''`k tom. . :v.. {jt;A-.. r. --T �; 't f- ,iY i� .�'! 4. -i< Z.•.!'.:Q t,;o +i..t'�- -�? Y... 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A. r OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. 6`r-g DATE: June 19, 1991 TO: Mayor Alex Daoud and Members of the City C•mmission FROM: Carla Bernabei TalaricoAkW City Manager SUBJECT: HI RISE RECYCLING PILOT PROGRAM . - USE OF RECYCLING GRANT FUNDS On May 8, 1991, under Commission Memorandum No. 198-91, Agenda Item No. R-7-C, the City Commission approved the concept of entering into an agreement with Dade County Recycling, Inc. , to provide a Pilot Hi Rise Recycling Program utilizing recycling grant funds not to exceed $25,975. 00. The concept was approved subject to review and approval of the grant agreement. This has been accomplished and the agreement is hereby submitted for Commission consideration. ADMINISTRATION RECOMMENDATION: The Administration recommends that the City Commission approve the attached Resolution authorizing the grant agreement in the amount of $25, 975. 00 between the City of Miami Beach and Dade County Recycling, Inc. , for a Pilot Program for a Multi-Story Building and authorizing the MayOr and City Clerk to execute the grant agreement. CBT/RAG/b Attachment 145 AGENDA • , -/ ITEM DATE a '.►-y:,. ,il,•:.�,: _ .,-.�. ' Z, ,•+;'ti'. c` r s...`r"s ')".Y tr-Yr''t:.'..�i... Contract No. GRANT AGREEMENT Grant agreement (the "Agreement") made and entered into as of the 19th day of June , 1991, by and between the City of Miami Beach, Dade County, Florida (the "City") and Dade County Recycling, Inc. , a Florida corporation ("DCR") . WITNESSET H: WHEREAS, on February 1, 1989, the City passed resolution number 89-19527 (the "Resolution") authorizing its mayor and city clerk to enter into an interlocal agreement (the "Interlocal Agreement") with Dade County, Florida (the "County") in order to make a joint application to the State of Florida solid waste management grant program for the funding of recycling and related educational projects in accordance with Section 403 . 7095 of the Florida Statutes. WHEREAS, the City and the County entered the Interlocal Agreement on February 3, 1989, which agreement was entitled "Interlocal Agreement for Joint Solid Waste Management Grant Application" , and WHEREAS, DCR has the exclusive right in the County to sell, market, lease, service and repair a certain unique system known as the "Hi-Rise Recycling Systemtm" (the "System") for separating refuse disposed of by occupants of multi-story buildings into separate types of trash, and WHEREAS, the City is desirous of using recycling grant monies (the "Grant") for a pilot program utilizing the System, and WHEREAS, DCR is desirous of providing the City with a pilot program utilizing the System to enable the City to achieve its recycling goals. NOW, THEREFORE, in consideration of the mutual terms, conditions and covenants herein contained and other good and valuable considerations, the adequacy, goodness, sufficiency and receipt of which the parties hereto do expressly and conclusively acknowledge, its is agreed between them as follows: 1. RECITATIONS: The parties agree that the recitations hereinabove set forth are correct and by reference, incorporated herein. 2 . COST REIMBURSEMENT: This is a "cost reimbursement agreement" for up to $25,975. 00 for satisfactory implementation of the Pilot Program in a multi-story building (the "Hi-Rise") as defined in paragraph numbered four (4) of this Agreement and required pursuant to the terms of this Agreement. 3 . CITY'S OBLIGATION TO REIMBURSE COST: The City' s performance ormance and obligation to pay the costs set forth in paragraph numbered five (5) of this Agreement is contingent upon the allocation and distribution of grant funds by the State of Florida (the "State") pursuant to Section 403 . 7095 (2) and (3) of the Florida Statutes to the County and the allocation and distribution of those grant funds by the County to the City pursuant to the Interlocal Agreement. The City agrees to use best efforts to obtain funds which may be available pursuant to the Interlocal Agreement and to reimburse DCR the Costs as described in paragraph numbered five (5) of this Agreement immediately upon receipt of grant funds from the County or State, as the case may be, and receipt by the City reasonably satisfactory evidence from DCR of completion of its installation of the System. 4 . PILOT PROGRAM: DCR shall install a Hi-Rise Recycling Systemtm as described on "Exhibit A" attached hereto and, by reference, incorporated herein, in a Hi-Rise building. DCR shall provide the occupants of units in the Hi-Rise building with an educational program (the "Educational Program") concerning the operation and use of the System and benefits of recycling. Also, the City shall be provided access to the System and information from the Hi-Rise building residents for the purpose of evaluating the System' s effectiveness as a practical way for the City' s citizens in multi-family buildings to recycle. 5. COSTS OF PILOT PROGRAM: DCR and the City agree that the costs (the "Costs") of the Pilot Program which are subject to reimbursement pursuant to this Agreement are as follows: Machine: Turntable, base, motor & ramp $ 6,500. 00 Containers (7) 2 , 275. 00 Control Panels and Cables 9, 600. 00 Compactor 3 , 500. 00 Installation 1, 500. 00 Shipping and Handling 600. 00 Educational Program 2 , 000. 00 Total $25,975 . 00 6. BOOKS AND RECORDS: DCR agrees to maintain proper books, records, documents and files which it shall make available to the City and which shall sufficiently and properly reflect the installation of the System and implementation and completion of the Educational Program. The City reserves the right to cancel this � Agreement because of DCR' s failure to allow public access to all documents, P apers, letters or materials subject to the provisions of Chapter 119 , Florida Statutes and made or received by the City in conjunction with this Agreement. 7 . NOTICE AND CONTACT: The representative of the City responsible for the administration of this Agreement shall be: -2- Richard A. Gatti, P.E. Director of Public Works City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 The representative of DCR responsible for the administration of this Agreement shall be: Mr. Michael Milberg c/o Dade County Recycling, Inc. 1090 Kane Concourse, Suite 202 Bay Harbor Islands, Florida 33154 In the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representative will be delivered or mailed by certified mail in writing to the other party at the address set forth above, and said notification attached to the original of this Agreement. 8. INTERLOCAL AGREEMENT CONTROLLING: Should the terms of this Agreement conflict with the terms of the Interlocal Agreement, the terms of the Interlocal Agreement shall govern and control. 9. TERMS AND CONDITIONS: This Agreement and its attachments contains all the terms and conditions agreed upon by the parties. 10. VENUE: In the event of any litigation under this Agreement, the parties agree that venue shall be in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have affixed their hands and seals on the day and year above first written. Witnesses as to City: City of Miami Beach y.Kce Let- f -LAt td,6,( \Au ityl 'TEST: �iL �, B /* ,Aemp- c _� CITY CLERK MAYOR Witnesses as t9 :-DCR: Recycling,Dade County Inc. , /- a Florida corporation /17 Mr ! \ r _ - By. ( \ A,t,-,\ FO1MAPPFOVED\partner\grant.agr LGL DEPT. 6 %7 Y Date3 / 9/ ORIGINAL RESOLUTION NO. 91-20318 Approving a grant agreement in the amount of twenty five thousand nine hundred seventy five dollars ($25,975) between the City of Miami Beach and Dade County Recycling, Inc. for a pilot program for multi-story buildings, and authorizing the Mayor and the City Clerk to execute the grant agreement.