HomeMy WebLinkAboutResolution 2025-339992025-33999
RESOLUTION NO
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FIRST
AMENDED INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-
DADE COUNTY CURBSIDE RECYCLING PROGRAM, BY AND BETWEEN
THE CITY AND MIAMI-DADE COUNTY, FLORIDA; SAID AGREEMENT
COMMENCING AS OF THE DATE OF EXECUTION OF THE AGREEMENT
AND ENDING WITHIN THIRTY (30) DAYS OF EITHER PARTY REQUESTING
TERMINATION; AUTHORIZING THE CITY MANAGER TO FINALIZE THE
AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE THE FINAL AGREEMENT.
WHEREAS, on November 20, 2008, the Board of County Commissioners approved a
Resolution, authorizing an Interlocal Agreement (ILA) between local municipalities and Miami -
Dade County (the "County") to participate in the Residential Curbside Recycling Program; and
WHEREAS, this original ILA impacted eleven (11) municipalities that had an agreement
with the County to provide residential curbside recycling services within the previous dual -stream
contract, and who were interested in entering into agreements using a single -stream program;
and
WHEREAS, these municipalities were El Portal, Florida City, Medley, Miami Springs,
Miami Beach, North Bay Village, Opa-locks, Surfside, South Miami, Virginia Gardens, and West
Miami; and
WHEREAS, the cost of the program at the time was $2.47 per household per month and
increased by the Consumer Price Index (CPI) in subsequent years; and
WHEREAS, this cost, which was the same as the cost paid by residents of the
unincorporated area, would be passed directly to the municipalities, representing savings from
the existing dual -stream program; and
WHEREAS, over the past decade, the cost of the single-family Residential Curbside
Recycling Program (the "Program") in Miami Beach has been absorbed by the Public Works
Sanitation Fund (the "Sanitation Fund'); and
WHEREAS, the annual cost of the Program, citywide, was historically between $210,000
to $250,000 as per the current agreement with the County's Solid Waste Department; and
WHEREAS, in 2022, there was a substantial increase in the cost of the Program, from
approximately $20,000 per month to over $35,000 per month, which the Sanitation Fund could no
longer absorb; and
WHEREAS, this concern was discussed at the May 20, 2024 City Commission Budget
Retreat; and
WHEREAS, sponsoring Commissioner Tanya K. Bhatt made a recommendation to move
forward to the appropriate Committee and City Commission meetings for discussion, with a
recommendation to have the Program cost become a pass -through cost (passed onto the
residential utility bill, separately from waste service fees), as proposed by the Public Works
Department; and
WHEREAS, on June 6, 2024, the City Commission approved a referral to the Finance and
Economic Resiliency Committee (FERC), sponsored by Commissioner Bhatt; and
WHEREAS, on July 26, 2024, FERC Members discussed the Program, concluding with a
motion to move the item to the City Commission, with a favorable recommendation to have the
Program's cost become a pass -through; and
WHEREAS, on September 11, 2024, the City Commission approved the item via
Resolution No. 2024-33240; and
WHEREAS, effective April 1, 2025, the County requested that the City execute a new ILA
providing for changes to the CPI caps; and
WHEREAS, in July 2025, the City received a letter from the County's Department of Solid
Waste Management, advising the City of a scrivener's error in the new ILA, and advising of a
revised ILA approved by the County; and
WHEREAS, as the new April 1, 2025 ILA was still pending execution by the City, the
Department of Solid Waste Management offered the City the opportunity to utilize the revised ILA
with the rectified scrivener's error, which revised ILA is attached to the City Commission
Memorandum accompanying this Resolution; and
WHEREAS, the Administration requests that the Mayor and City Commission approve the
revised ILA, in substantial form, and authorize the City Manager and City Clerk to execute the
revised ILA.
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, in substantial form, the first amended Interlocal Agreement for inclusion in the
Miami -Dade County Curbside Recycling Program, by and between the City and Miami -Dade
County, Florida; said agreement commencing as of the date of execution of the agreement and
ending within thirty (30) days of either party requesting termination; authorizing the City Manager
to finalize the agreement; and further, authorizing the City Manager and City Clerk to execute the
final agreement.
PASSED and ADOPTED this L7 day of -0v H1btf 25.
ATTEST:
Rafael E. GraCity Clerk DEC 2 2 2025
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Steven Meiner, Mayor
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorffey Date
Resolutions - C7 AK
MIAMI BEACH
COMMISSION MEMORANDUM
TO: _ Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: December 17, 2025
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FIRST
AMENDED INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE
COUNTY CURBSIDE RECYCLING PROGRAM, BY AND BETWEEN THE CITY
AND MIAMI-DADE COUNTY, FLORIDA; SAID AGREEMENT COMMENCING AS
OF THE DATE OF EXECUTION OF THE AGREEMENT AND ENDING WITHIN
THIRTY (30) DAYS OF EITHER PARTY REQUESTING TERMINATION;
AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT; AND
FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE
THE FINAL AGREEMENT.
RECOMMENDATION
The Administration recommends approving the Resolution.
On November 20, 2008, the Miami -Dade County Board of County Commissioners approved a
Resolution, authorizing an Interlocal Agreement between local municipalities and Miami -Dade
County (County) to participate in the Residential Curbside Recycling Program.
This Interlocal Agreement impacted eleven (11) municipalities that had an agreement with the
County to provide residential curbside recycling services within the previous dual -stream
contract, who were interested in entering into agreements using a single -stream program. These
municipalities were: El Portal, Florida City, Medley, Miami Springs, Miami Beach, North Bay
Village, Opa-locka, Surfside, South Miami, Virginia Gardens, and West Miami.
The cost of the program at the time was $2.47 per household per month and increased by the
Consumer Price Index (CPI) in subsequent years. This cost, which was the same paid by
residents of the unincorporated area, would be passed directly to the municipalities, representing
savings from the existing dual -stream program.
Over the past decade, the cost of the single-family Residential Curbside Recycling Program in
Miami Beach has been absorbed by the Public Works Sanitation Fund. Please note, this does
not include any multi -family accounts. The cost of the program per year citywide, has been
between $210,000 to $250,000 as per the current agreement with the Miami -Dade County Solid
Waste Department. In 2022, there was a substantial increase in the cost of the program, which
the Sanitation Fund could no longer absorb. In 2022, the cost increased from $20,000 per month
to over $35,000 per month in 2023.
1638 of 3458
This concern was discussed at the May 20, 2024, City Commission Budget Retreat. Sponsoring
Commissioner Tanya K. Bhatt, made a recommendation to move the item forward to the
appropriate committee and city commission meetings for discussion, with a recommendation to
have the single-family Residential Curbside Recycling Program cost become a pass -through cost
(passed onto the residential utility bill, separately from waste service fees), as proposed by the
Public Works Department.
On June 6, 2024, the City Commission approved a referral to the Finance and Economic
Resiliency Committee (FERC) sponsored by Commissioner Bhatt. On July 26, 2024, FERC
Members discussed the program, concluding with a motion to move the item to the City
Commission, with a favorable recommendation to have the program's cost become a pass -
through charge. On September 11, 2024, the City Commission approved the item via Resolution
No. 2024-33240.
In July 2025, the City received a letter from the Miami -Dade County Department of Solid Waste
Management, advising the City of a scrivener's error made on the Recycling Interlocal Agreement
(ILA) recently approved by the County. Specifically, Section XXVII was amended to remove the
reference to a one hundred eighty (180) day extension, aligning it with Section XIV, which allows
either party to terminate the agreement upon thirty (30) days written notice, and the removal of
the reference to terminating the agreement for convenience. The proposed First Amended
Interlocal Agreement is included as Attachment A.
As the new recycling contract took effect on April 1, 2025, and the agreement was still pending
execution, the Department of Solid Waste Management offered the City the opportunity to utilize
a revised version of the ILA that rectifies this error.
FISCAL IMPACT STATEMENT
No fiscal impact.
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfi.gov/city-hall/city-clerk/meeting-notices/
CONCLUSION
The Administration recommends approving the Resolution.
Applicable Area
Citywide
Is this a "Residents Right to Know' item. Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes
(T
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2.481,
includes a principal engaged in lobbying? No
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If so, specify the name of lobbyist(s) and principal(s):
Department
Public Works
Sponsor(s)
Co-sponsor(s)
Condensed Title
Approve First Amended Interlocal Agreement w/ M-DC, Curbside Recycling Program. PW
Previous Action (For City Clerk Use Only)
1640 of 3458
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE
FIRST :.MINDED INTERLOCAL AGREEMENT FOi. INCLUSION IN THE
MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM, BY AND
BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA; SAID
AGREEMENT COMMENCING AS OF THE DATE OF EXECUTION OF THE
AGREEMENT AND ENDING WITHIN THIRTY (30) DAYS OF EITHER PARTY
REQUESTING TERMINATION; AUTHORIZING THE CITY MANAGER TO
FINALIZE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT.
WHEREAS, on November 20, 2008, the Board of County Commissioners approved a
Resolution, authorizing an Intedocal Agreement between local municipalities and Miami -Dade
County (County) to participate in the Residential Curbside Recycling Program; and
WHEREAS, this Interlocal Agreement impacted eleven (11) municipalities that had an
agreement with the County to provide residential curbside recycling services within the previous
dual -stream contract, who were interested in entering into agreements using a single -stream
program. These municipalities were: El Portal, Florida City, Medley, Miami Springs, Miami Beach,
North Bay Village, Opa-locka, Surfside, South Miami, Virginia Gardens, and West Miami; and
WHEREAS, the cost of the program at the time was $2.47 per household per month and
increased by the Consumer Price Index (CPI) in subsequent years. This cost, which was paid the
same by residents of the unincorporated area, would be passed directly to the municipalities,
representing savings from the existing dual -stream program; and
WHEREAS, over the past decade, the cost of the single-family Residential Curbside
Recycling Program in Miami Beach has been absorbed by the Public Works Sanitation Fund.
Please note this does not include any multi -family accounts. The cost of the program per year
citywide, has been between $210,000 to $250,000 as per the current agreement with the Miami -
Dade County Solid Waste Department. In 2022, there was a substantial increase in the cost of
the program, which the Sanitation Fund could no longer absorb. In 2022, the cost increased from
$20,000 per month in to over $35,000 per month in 2023; and
WHEREAS, this concern was discussed at the May 20, 2024, City Commission Budget
Retreat. Sponsoring Commissioner Tanya K. Bhatt made a recommendation to move forward to
the appropriate Committee and City Commission meetings for discussion, with a recommendation
to have the single-family Residential Curbside Recycling Program cost become a pass -through
cost (passed onto the residential utility bill, separately from waste service fees), as proposed by
the Public Works Department; and
WHEREAS, on June 6, 2024, the City Commission approved a referral to the Finance and
Economic Resiliency Committee (FERC) sponsored by Commissioner Bhatt. On July 26, 2024,
FERC Members discussed the program, concluding with a motion to move the item to the City
Commission, with a favorable recommendation to have program's cost, become a pass -through.
On September 11, 2024, the City Commission approved the item via Resolution No. 2024-33240;
and
1641 of 3458
WHEREAS, in July 2025, the City received a letter from the Miami -Dade County
Department of Solid Waste Management, advising the City of a scrivener's error made on the
Recycling Interlocal Agreement (ILA) recently approved by County. Specifically, Section XXVII
was amended to remove the reference to a one hundred eighty (180) day extension, aligning it
with Section XIV, which allows either party to terminate the agreement upon thirty (30j days
written notice and remove reference to terminating the agreement for convenience; and
WHEREAS, as the new recycling contract took effect on April 1, 2025, and the agreement
was still pending execution, the Department of Solid Waste Management offered the City the
opportunity to utilize a revised version of the ILA that rectifies this error.
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, in substantial form, the first amended Interlocal Agreement for
inclusion in the Miami -Dade County Curbside Recycling Program, by and between the City and
Miami -Dade County, Florida; said agreement commencing as of the date of execution of the
agreement and ending within thirty (30) days of either party requesting termination; authorizing
the City Manager to finalize the agreement; and further, authorizing the City Manager and City
Clerk to execute the final agreement.
PASSED and ADOPTED this _ day of 2025.
ATTEST:
Rafael E. Granado, City Clerk
Steven Meiner, Mayor
1642 of 3458
FIRST AMENDED INTERLOCAL AGREEMENT FOR INCLUSION IN THE
MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM
MUNICIPALITY: The Citv of
This First Amended Interlocal Agreement ("Agreement") is made and entered into this
day of 2025, by and between Miami -Dade County ("County") and The
of Miami Beach ("Municipality") in order that the Municipality may be included as a portion
of the COUNTY SERVICE AREA to be provided with curbside collection of recyclable
materials ( )every other week service or ( X )weekly service (the "Service Frequency,
under the terms and conditions agreed to between the County and any Contractors that the
County enters into contracts with for the provision of Recycling Collection Services,
Recycling Processing Services, Recycling Cart Manufacturing, and Delivery Services, or other
Recycling Services as necessary. Such curbside collection service shall be provided on
Wednesday of the week, given the Service Frequency selected above.
Section 1: Definitions
In all instances, terms used in this Agreement shall have the definitions contained in any
Contracts that the County enters into contracts with for the provision of Recycling Collection
Services, Recycling Processing Services, Recycling Cart Manufacturing, and Delivery
Services, or other Recycling Services as necessary ("Contracts").
Section II: County Services Area - Municipality's Portion
The Municipality's portion of the entire County Services Area is designated on the attached
Map (Exhibit "A"), incorporated herein by reference.
Section III: Agreement Governs: Entire Agreement
This Agreement supersedes any previous agreements that the County and the Municipality
may have previously had for recycling services.
Section IV: Recycling Service
Residents of single-family housing within the Municipality will be provided with curbside
collection service of recyclable materials in the manner provided for in the Contracts. All
residents included in the program will be responsible for preparing and placing materials in
the manner specified pursuant to the Contracts including complying with Section 15-2 of the
Code of Miami -Dade County, Fla. (the "Code"). In addition, all participating residents of the
Municipality will be eligible to call the County's 3-1-1 Answer Center to receive assistance
and information regarding recycling services provided to them.
Collection of materials will take place on a schedule consistent with the hours and days
provided for the unincorporated area. Days or hours differing from the unincorporated area
collection service but coinciding with regular garbage or trash service within the
Municipality (e.g., Wednesday and Saturdays) may be provided subject to negotiation and
agreement with the Contractor and approval by the County.
Section V: Authorization/Responsibilities
The Municipality hereby authorizes the County to act on its behalf in the administration of
the contract for this recycling service in the areas of municipal jurisdiction. However, the
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Municipality will be responsible for monitoring all aspects (i.e., collection days, hours,
equipment, and personnel) of any Contractor's performance within its jurisdiction and
reporting any problems or violations to the Country in order to initiate corrective action in
accord with the Contracts. -
The Municipality agrees to abide by all those terms and conditions that the County agrees to
meet as contained in the Contracts except as modified herein. The County will use the
existing list of residential households unless otherwise agreed to by the Municipality and the
County.
The Municipality agrees to provide the County with an update of additions and deletions to
this list each month in a format specified by the County. The Municipality shall deliver this
update to the County on the first day of the month. Any discrepancies between the
Municipality's monthly house count and the Contractor's monthly billing allocated to the
Municipality shall be reconciled through a field inspection to be performed by the County
within sixty (60) days, with any corrections to be reflected in the subsequent month's billing
to the Municipality.
Section Vh Payments
1. Monthly Payments
In compensation for the provision of this recycling collection service on a regular
basis, the Municipality will make monthly payments to the County in an amount equal
to the Monthly Fee or such other fee, as negotiated subject to approval by the County
and the Municipality, times the average number of Residential Properties serviced
duringthat month within the Municipality's portion of the entire County Service Area.
This payment will not be dependent upon the number of households participating in
the program but will be a flat rate for each household. The County will charge the
Municipality consisting of the costs to the residents within the area of the
Municipality.
2. First Six Months' Fee
During the first six (6) months (between April 1, 2025, through September 30, 2025)
of this First Amended Interlocal Agreement, the cost for collection and processing will
be $I ¢Z per household per month for weekly automated collection and SM per
household per month for weekly manual collection, starting April 1, 2025. The fee is
based on the new rates, costs, and fees established in the new recycling contracts that
were approved by the Board of County Commissioners on July 16, 2024, (New
Recycling Contracts). The fee also includes County administrative fees.
3. Subsequent Fiscal Year Fee
During the ensuing fiscal year (between October 1, 2025, and September 30, 2026),
and all fiscal years thereafter through the final year of the Agreement, the monthly
fee paid by the Municipality to the County for the services to be provided will be
invoiced on a per household rate for collection and processing. The portion of the fee
related to the curbside recycling collection rate will be adjusted by the County's Living
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Wage (Section 2-8.9 of the Code), effective October 1st of each year, as established in
the New Recycling Contracts. Living Wage adjustments shall be based on the
percentage change for the Living Wage for that year. The portion of the fee related to
recycling processing will -be adjusted on changes in the Consumer Price Index ("CPI"),
for All Urban Consumers, all items in South urban, not to exceed five percent (5%)
and subject to a True -Up as referenced in subsection 4 below. The Amount paid per
household shall be extended to all households served based on the household counts
provided by the County in accordance with provisions of this Agreement.
4. True -Up Costs
The new recycling contracts have a cumulative term of ten (10) years. This
Agreement includes a transitional year, comprised of the last six (6) months of the
bridge extension letter agreement executed by the Municipality and the County for
the provision of curbside recycling program services and the first six (6) months of
this Agreement.
In the event that the actual contractor costs exceed the five percent (5%) CPI cap in a
given fiscal year, the amount of the increase above the five percent (5%) cap shall be
"trued -up" each September throughout the term of the Agreement, beginning
September 2026. The true -up costs shall allow the County to recoup its costs,
including adjustments to the Living Wage and CPI adjustments above the five percent
(5%) cap. In addition, the Municipality will receive a proportional credit based on the
Average Median Value related to the sale of processed recyclable materials. The
processing fee may also be adjusted, based on the results of an annual recycling
contamination study. These true -up costs will be reconciled and invoiced annually in
September, beginning September 2026.
S. Payment and Invoice Terms
The Municipality shall be responsible for delivering payment for recycling collection
services to the County within thirty (30) days of the date of an invoice from the
County. The County shall be responsible for making the total Monthly Payment for
the entire Service Area, including the Municipality's portion, to the Contractor in
accord with the Contract
Section Vile Cato
The County shall be responsible for purchasing a sufficient number of carts to provide a cart
to each Residential Property in the program. All carts delivered within the incorporated area
shall be the property of the Miami -Dade County Recycling Program and will be printed with
the County's information, and not the Municipality's. These carts are for the permanent use
of the household to which they are delivered for the specific purpose of participation in the
curbside recycling program. The carts are intended to remain with each property through
the life of any contracts and/or any subsequent extensions. In the event that a unit's
residents vacate the property, the carts shall remain at that location for use by the
subsequent residents. The Municipality shall not mark or label the carts in any fashion.
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New carts shall be placed at newly constructed and legally occupied Residential Properties
added into the progi am by the County at no cost to the resident or the Municipality.
Lost or stolen carts will be reported to the County and will be replaced by the County within
a timeframe consistent with the timeframes provided to residents of the unincorporated
area.
In the event that the Municipality withdraws from this Interlocal Agreement prior to the final
debt payment for recycling carts, the Municipality will pay the remaining amortized cost of
those carts remaining in the Municipality within one year of withdrawal.
The County shall send the Municipality correspondence in a manner and on a schedule
mutually agreed upon by the Municipality and the County. The Municipality shall also be
sent a copy of any Annual Reports required by the contracts.
The staff of the Municipality will also be notified of all and may attend any regular meetings
held with the Contractor to review performance.
Section IX: Enforcement
1. Protection of Recyclable Materials
The Municipality agrees to take all reasonable steps necessary to protect the County's
ownership of all recyclable materials placed at curbside for collection under the terms
of the Contracts. This includes, but is not limited to, the preparation and submission
of an anti -scavenging ordinance to ensure that recyclable materials are not removed
or diverted prior to collection. The Municipality s staff shall propose and implement
anti -scavenging laws in accordance with agreements made between the Municipality
and the County.
2. Municipal Responsibility for Enforcement
Unless otherwise provided by County ordinance, the Municipality shall be
responsible for enforcing the recycling program within its incorporated limits. This
responsibility includes adherence to the applicable provisions of Section 15-2 of the
Code regarding contamination abatement and recycling program compliance.
3. Enforcement of Contamination Abatement Ordinance
The Municipality shall enforce the County's Contamination Abatement Ordinance
(Section 15-2 of the Code) by monitoring and addressing contamination levels in the
Curbside Recycling Program. Specifically:
a) Recycling carts found to contain unacceptable materials shall be tagged by the
Municipality's designated personnel.
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b) After the fourth and any subsequent tagging events, the Municipality shall
notify the County to assess a fee to the property owner or resident in
accordance with the established fee structure set forth in the Code.
c) The County shall be authorized to enforce such fees and ensure compliance,
including issuing notices and conducting follow-up actions to reduce
contamination rates.
d) Should the Municipality not have the capacity or capability to enforce the
contamination abatement requirements of Section 15-2 of the Code, the
Municipality shall delegate enforcement to the County in writing, and agree
and allow for the collection of fees from property owners in accordance with
the Code.
e) The Municipality agrees that the County or subcontractor of the County may
collect contaminated recycling materials from within its Municipality.
4. Training and Education
The County agrees to provide initial training to Municipal enforcement officers on
recycling contamination abatement within thirty (30) days of the necution of this
Agreement. This training will focus on proper tagging procedures, identifying
unacceptable materials, and understanding the enforcement of the associated fees.
Future training may be provided upon request by the Municipality or when necessary
to address changes in the recycling program or regulations.
5. Ongoing Compliance and Collaboration
The Municipality and the County agree to collaborate in the ongoing monitoring and
enforcement of recycling program standards. The Municipality shall notify the
Countyof any significant issues related to contamination levels, and both parties shall
work together to resolve challenges and improve program compliance.
Section X: Proeram Revisions
Minor program adjustments affecting the entire Service Area may be made from time to time
as agreed to by the County and the Contractors. Such minor adjustments could include, but
would not be limited to, such items as variations in the required preparation of materials by
the resident or hours of collection. In the event that such changes require notice to the
residents, the County and the Contractors shall jointly take full responsibility for providing
adequate notice to all of the residents.
Any major program changes having a material impact on the financial relationship among
the parties or resulting in substantial variation in the amount and type of Recyclables
collected shall be subject to review by the Municipality. However, the County reserves the
right to change or modify the Contract, and the Municipality agrees to be bound thereby
without separate written amendment to this Agreement as long as the unincorporated and
incorporated areas are affected equally by such modification(s).
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Section XI: Liquidated Damages
In the event that the Contractor fails to perform in accord with the Contract, liquidated
damages will be imposed by the County as ptovided for in the Contr_cls.
Section Xll: Service Initiation Schedule
The County will provide the delivery of carts and provide for the collection of Recyclable
Materials to the Municipality within 60 days of execution of this Agreement Service will
commence within two weeks of receipt of each household's receipt of a cart
Section XIIL• Other Recycling Program Options
The Municipality and the County may negotiate any other recycling options at a cost and
scope agreeable to both parties.
Section XIV: Default/Termination
Failure of the Municipality to make payment to the County in accord with the provisions of
Section VI of this Agreement shall constitute default In the event flat such default occurs,
the County shall provide written notice to the Municipality concernht the nature of this
default The Municipality shall have thirty (30) days from the date of the notice in which to
resolve the default The County shall have the option to terminate this Agreement and/or
withhold local revenue that the County distributes to the Municipality in an amount
sufficient to pay for all recycling services provided to date for which the Municipality has
failed to make payment.
Either party may terminate this Agreement without cause by communicating the desire to
do so in writing 30 days prior to the termination date.
Section XV: Grant Funds
The Municipality may choose to utilize any grant funding available to pay all or part of the
monthly payments due to the County.
Section XVh Amendment to Agreement
Except as otherwise provided for herein, this Agreement may be modified, altered, or
amended only by a written amendment duly executed by the parties hereto. Any oral
representations or modifications concerning 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 not affect the meaning or interpretation of any provisions
herein.
Section XVIII: Approvals
Whenever approval of a Party is required by this Agreement, such approval shall not be
unreasonably withheld.
Section XIX: Performance by Parties
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Except as otherwise provided in this Agreement, in the event of any dispute arising over the
provisions of this Agreement, the parties shall proceed with the timely performance of their
obligations during the pendency of any legal m other similar proceedings to resolve such
dispute.
Section XX: Riehts of Others
Nothing in the Agreement 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
Section XXI: Counterparts
This Agreement may be executed in one or more countetpart(s), each of which shall be
deemed an original.
Section XXII: Waiver
There shall be no waiver of any right related to dds Agreement unless in writing signed by
the party waiving such right No delay or failure to exercise a tight under this Agreement
shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be
limited to the particular right so waived 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 performing all terms and conditions to be
kept and performed pursuant to this Agreement
Section XXIV: Representations of the County
The County represents that
(1) this Agreement has been duly authorized, executed and delivered by the Board of
County Commissioners as the governing body of the County, and
(2) it has the required power and authority to perform this Agreement.
Section XXV: Representations of the Municipality.
The Municipality represents that
(1) this Agreement has been duly authorized, executed and delivered by the Board of
Commissioners as the governing body of the Municipality, and
(2) it has the required power and authority to perform this Agreement.
Section XXVIa Approvals and Notices
Notices and approvals required by or pursuant to this Agreement shall be written and served
both electronically, and by either (i) registered or certified mail with return receipt
requested, (ii) personally by courier service, or (iii) Federal Express Corporation or other
nationally recognized carrier to be delivered overnight, addressed to the parties as follows:
COUNTY
Miami -Dade County Department of Solid Waste Management
c/o Aneisha Daniel, PhD, Director
2525 NW 62nd Street, Sth Floor
1649 of 3458
Page 8 of 9
Miami, FL 33147
Email: aneisha.danielftmiamidade.ggy
/fLfi1
County Attorney's Office
c/o David Stephen Hope, Asst County Attorney
111 NW 1st Street, 28th Floor, Miami, FL 33128
Email: David.Hope(d)miamidade.eov
The City of Miami Beach
Department/Office:
Contact Person:
Address:
Address:
Email:
Section XXVII: Term
The initial term of this Agreement shall begin on the date of execution of this Agreement and
end within thirty (30) days of either party requesting termination. Upon any and all
renewal(s) of the Contracts in accordance with Articlel thereof, this Agreement shall
automatically be extended without separate written amendment for the term(s) of any and
all such renewal period(s).
IN WITNESS WHEREOF, Miami -Dade County, Florida, has caused this Agreement to be
executed in its name by the County Mayor or Mayor's 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 City of Miami Beach. Florida has caused this
Agreement to be executed in its name by the City Manager or designee, attested by the Clerk
of the Municipal Council and has caused the seal of the Council to be hereto attached, all on
the day and year First written above.
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1651 of 3458
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MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS
A TEST:
JUAN FERNANDEZ-BARQUIN
CLERK OF THE BOARD
By:
Deputy Clerk
Approved by County Attorney
as to form and legal sufficiency
By:
Assistant County Attorney
ATTEST:
By:
Rafael E. Granado, City Clerk
Approved by City Attorney
As to form and legal sufficiency
By:
City Attorney, City of Miami Beach
MIAMI-DADE COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
BY:
Daniella Levine Cava
Mayor, Miami -Dade County
CITY OF MIAMI BEACH
Eric T. Carpenter, City Manager
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