HomeMy WebLinkAboutR-03-0051J-03-019
12j24j02
RESOLUTION NO. 0 3 ` ® fq I
A RESOLUTION OF THE MIAMI CITY COMMISION
AUTHORIZING PAYMENT TO MIAMI-DADE COUNTY FOR
THE DISPOSAL OF CERTAIN SOLID WASTE
COLLECTED IN AND BY THE CITY OF MIAMI,
PURSUANT TO INTERLOCAL AGREEMENTS BY AND
BETWEEN THE CITY OF MIAMI AND MIAMI-DADE
COUNTY, FLORIDA, ENTERED INTO ON
SEPTEMBER 29, 1995, FOR FISCAL YEAR
2002-2003, IN AN AMOUNT NOT TO EXCEED
$11,317,068; ALLOCATING FUNDS FROM ACCOUNT
CODE NO. 422001.320302.6.531; FURTHER
DIRECTING THAT THIS PAYMENT AMOUNT CANNOT BE
INCREASED WITHOUT APPROVAL OF THE DEPARTMENT
OF STRATEGIC PLANNING, BUDGET AND
PERFORMANCE.
WHEREAS, the City of Miami entered into two Interlocal
Agreements with Miami -Dade County ("County") for the use of the
County Solid Waste Management System Facilities for disposal of
certain Solid Waste materials collected in and by the City until
the Bedminster Facility becomes operational; and
WHEREAS, since the Bedminster Facility is not operational
the City will continue to dispose of its solid waste at the
resource recovery landfill or transfer facilities during Fiscal
Year 2002-2003 at the fee of $49.65 or $59.50 per ton
respectively; and
CITY COHESION
MEETING OF
JAN 0 0 ann!
s�jt6solutii(o��n No.
V
�... 51.
WHEREAS, funds are available from Account Code
No. 422001.320302.6.531;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. A payment to Miami -Dade County ("County")
for the disposal of certain Solid Waste materials collected in
and by the City of Miami pursuant to Interlocal Agreements by
and between the City of Miami and Miami -Dade County, Florida,
entered into on September 29, 1995, in an amount not to exceed
$11,317,068, is authorized, with funds allocated from Account
No. 422001.320302.6.531.
Section 3. It is further directed that the payment
amount, authorized herein, cannot be increased without approval
by the Department of Strategic Planning, Budget and Performance.
Page 2 of 3
03- 05,
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 9th
ATTEST:
PRISCILLA A. HOM SON
CITY CLERK ,
APPROVED .� TO
NUDRO VILARELLO
ATTORNEY
W6801:tr:AS:BSS
day of January 2003.
MANUEL A. DIAZ, MAYO
CTNESS :�i
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten (10) calendar days from the date it
was passed and adopted. If the Mayor vetoes this Resolution, it
shall become effective immediately upon override of the veto by
the City Commission.
Page 3 of 3
03- 051
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
Of the City Commission
s A. 1 enez
FROM:City Mana
DEC 2 4 2002
DATE: FILE
Resolution Authorizing Payment
SUBJECT: of FY102-03 Miami -Dade County
Scale Fees
REFERENCES:
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission approve the
attached resolution, authorizing payment to Miami -Dade County for the
disposal of solid waste materials collected in and by the City of
Miami for an approximate amount of $11,317,068.00, stipulating this
amount cannot be increased without prior approval of the Departments
of Management and Budget and Procurement for a period of one (1) year
pursuant to Interlocal Agreements entered into on September 29, 1995
by and between the City of Miami and Miami -Dade County, Florida,
allocating funds from Account Code No. 422001.320302.6.531,
BACKGROUND:
The City of Miami entered into two (2) Interlocal Agreements with
Miami -Dade County (the "County") for the use of the County's Solid
Waste Management System Facilities for the disposal of certain solid
waste materials collected in and by the City of Miami.. The second
Interlocal Agreement provides for the suspension or termination of the
rights and obligations of the City and the County pursuant to the
first Interlocal Agreement between them for the use of the County
Solid Waste Management System Facilities based upon the occurrence of
a "condition subsequent" which would occur upon the implementation of
the City's Bedminster Seacor Services Miami Corporation ("Bedminster")
agreement which provides for the disposal of municipal solid waste at
the Bedminster Facility should it become operational.
The Interlocal Agreements established the fees for the disposal of
materials at $49.65 or $59.50 per ton at the Resource Recovery,
Landfill or Transfer Facilities respectively.
FISCAL IMPACT-
NON
f1/3/0 %2-4&--0z
CAG FR/CP/blp
CC: Frank Rollason, Assistant City Manager
Clarance Patterson, Director
Department of Solid Waste
03- 051
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Carlos A. Gimenez
City Manager
4a4r`Mc`eatterson, Director
Department of Solid Waste
DEC 10 2002
DATE: FILE
Resolution Authorizing Payment
SUBJECT: of Miami -Dade County Scale Fees
REFERENCES:
ENCLOSURES:
The Department of Solid Waste has verified with the Department of
Management and Budget that funds are available in an amount of
$11,317,068.00 for payment of said scale fees, stipulating this amount
cannot be increased without prior approval of the Departments of
Management and Budget and Procurement from FY102-03 departmental
budget; allocating funds from Account Code No. 422001.320302.6.531.
Budget Review ander oval By:
Marcelo Penha, Acting Director
Department of Management and Budget
CAG/FR/CP/blp
Date:
t
03.- 051
Online Budget Status
1422001.320302.6330.631341 FY
DADE COUNTY SCALE FEES
422001.320302.6330.531
11,317,068.00+
317,068.00+
317,068.00+
# of Entries
....
......
OK
July 26, 2002
Mr. Carlos Gimenez
City Manager
City of Miami
3500 Pan American Drive
Miarni, FL 33133
MIAMI
DADE
SOLID WASTE
MANAGEMENT
Re: Contracted Disposal and Transfer Fees for FY2002-03
Dear Mr. Gimenez:
CITY MANAGERS OFFICE
02 JUL 29 pM 3.0 9
This correspondence is to advise you that pursuant to Article 3, Subsection D, of your
municipality's Interlocal Agreement for waste disposal with Miami -Dade County, the Disposal
Fee and Transfer Fee for the Fiscal Year beginning October 1, 2002 will increase, subject to
approval by the Board of County Commissioners. The increase in the fees is based on the
actual Consumer Price Index (CPI) increase of 0.8% for all Urban Consumers for the South
Region United States, for the period from July 1, 2001, through June 30, 2002. The
proposed fee changes are as follows:
Disoosal Fee:
From:
$49.30/ton
To:
$49.65/ton
Transfer Fee:
From:
$ 9.80/ton
To:
$ 9.85/ton
Should you require additional information, please contact Mr. Charles W. Parkinson, Jr.,
Assistant Director, Administration (Acting), at (305) 594-1610.
Sincerely,
drew 4 Mork
Director
8675 Northwest 53 Street, Suite 201, Miami, Florida 33166 + 305-592-1776
"Love Your Neighbor"
=, c �4�z
D.rr - Or
03- 051
1 INTERLOCAL AGREEMENTIETWEEN METROPOLITAN DADE
Y AND THE CITY OV MIAMI PROVIDINd FOR SUSPENSION OR
ION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND THE
'URSUANT TO THE INTERLOCAL: AGREtMl N'T BETWEEN THEM
DF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM BASED
UPON OCCURRENCE OF.A "CONDITION SUBSEQUENT" -
tedocal Agreement ("Agreement") is made and entered into thisday of
-1995, by and between Metropolitan Dade County by and through ' Board of
tsioners ("County") and the City of Mami ("City").
Whereas, the County has entered into disposal agreements with Contract Cities of
which the City is one, this Agreement is therefore required to provide for suspension or
termination of the City's- Interlocal Agreement with the County for use of the County Solid
Waste Management System for Solid Waste disposal and transfer based on occurrence of a
"Condition Subsequent
Whereas, the City is obligated under contract with the Bedminster Bioconversion
Corporation to deliver a specified amount of the Solid Waste it collects to Bedminstet's proposed
MSW composting facility, in the event the fwi ity is constructed and becomes opefational (Exhibit
A); and
Whereas, the County is not a party to the City's contract with Bedminster which
contract the County neither approves nor endorses in any way; and
Whereas, the City and the County desire to enter into a long-term Agreement for. City
use of the County Solid Waste Management System; and
Whereas, it is in the best interests of both the City and the County to enter into said
Agreement taking into consideration the City's stated position with respect to its contract with
Bedminster.
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:
e
For the purposes of this Agreement, the following capitalized words and phrases shall be given
the following respective meanings:
Board - the Metropolitan Dade County Board of County Commissioners.
Change in Law - atter the date of execution of this Agrccntcnt, (a) the adoption, promulgation,
issuance, modification, or change in interpretation of any federal, state or local law, regulation,
tile•, requirement, ntling or ordinance, ol'the 1 Inited States or any state or territory thereol. urtlMs
03- 051
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(i) such law, regulation, rule, requirement, ruling or ordinance was - on or - poor 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 faflure 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),.ytrovidgd 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.
Contract City (ies) - the municipal corporation or corporations existing under the laws of the
State of Florida, that enter into an Agreement with the County for use of the County Solid
Waste Management System whose names appear in Exhibit "B" to this Agreement. For the
purpose of this Agreement, the unincorporated areas of Dade County, as delineated in Exhibit
"C", shall be considered a Contract City.
County - Metropolitan Dade County, Florida by and through its Board of County
Commissioners.
County Disposal Fee - the fee charged to dispose of Solid Waste at county -owned Solid Waste
disposal facilities or facilities operated under contract with the County for Solid Waste disposal.
County Solid Waste Management System - The aggregate of those Solid Waste management
facilities owned by or operated under contract with Dade County, which shall include the North
Dade Landfill, South Dade Landfill, Resources Recovery Facility, Waste Management of Florida,
Inc. Landfill in the City of Mcdlcy, Florida, Northeast Transfer Station, Central Transfer Station,
West Transfer Station, and other such facilities as may be added to or deleted from this listing
from time to time, by the County Manager at his sole discretion Such additions or deletions may
be made by use of an attachment hetero without need for forinal ame'ndnient to this Aizreement
03- 051
Atse 4 ... '...'.
rDirector - the Director of the Department of Solid, Waste Management or his/her designee..
Exclusive Franchise or License - (a) contract(s) between the City and a (limited number of)
third party contractors) for the right and privilege to collect 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 City a
'fee: .... .. ... .. .. .... _ . ....... ..... .. .. ............ .
Fiscal Year - the period beginning October I of each year and ending September 30 of the
subsequent year.
Municipal Solid Waste (MSW) or Solid Waste or Waste - all discarded materials or
substances exclusive of Source -Separated Recyclable Materials, which the City collects for
disposal, or that which is collected for it by third parties under contract with the 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.
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 Waste from either residential
units or commercial establishments, or both residential units and commercial establishments,
under the terms of which each hauler pays the City a fee.
Source -Separated Recyclable Materials - materials separated from MSW 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, newspapers, telephone books, household batteries, glass containers,
plastic containers, steel cans, aluminum cans, and other Source -Separated Recyclable Materials as
may be added to this listing from time to time by the County Manager, at his sole discretion; such
additions may be made by use of an attachment hereto without need for formal amendment to
this Agreement.
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.
03- 051
j
eRTICJ,1-,.2
PROVIDING FOR SUSPENSION OR TERMINATION OF THE RIGHTS AND
OBLIGATIONS OF THE CITY AND THE COUNTY PURSUANT TO THE INTERLOCAL
AGREEMENT.PETWEEN THEM FOR USE OF THE COUNTY SOLID WASTE
MANAGEMENT SYSTEM BASED UPON OCCURRENCE OF A "CONDITION
SUBSEQUENT"
A. Determin9tion of Occurrence of a "Co - ndition Subsequent" In the event the City
begins to deliver. the. Waste it collects for disposal, or that which is collected for it by third parties
under contract with the City for disposal, to the Bedminster Bioconversion Corporation MSW
composting facility, under the terms of its contract with Bedminster dated October 29, 1993 ane s
amended , a "Condition Subsequent" shall be deemed to have occurred.
Y'� a i.. 1-r 2.0, 111400 —" •ti . % 0-1 16 A- .... a. h La.L I ..i 0-6 6 • K.0 w.✓ t Lf
Ilio. 'T 16 11 , t • t} L. 4-H+..k6� '� a-. F.r►+• i. F -7t•' 7
B. Consequences of Occurrence of ! n -ondation S iheenuent" In the event of occurrence oil
a "Condition Subsequent", the obligations and rights of the City and he County vis a vis each
other pursuant to the Interlocal Agreement for use of the County Solid- Waste Management
System shall be suspended for the period of time the City's Solid Waste is delivered to the
Bedminster MSW Composting facility. If at any time during suspension of the City's Interlocal
Agreement with the County the Bedminster facility cannot accept the total amount of Waste
collected by the City for disposal, or that which is collected for it by third parties under contrail _
with the City for disposal, such Waste in excess of the total amount shall be delivered to the
County for disposal pursuant to the terms set forth in Articles 3 and 4. The County shall have
no responsibility whatsoever for disposal of Waste once it is delivered by the City to the
Bedminster facility. In the event the City ceases to deliver its waste to Bedminster the occurrence
of a "Condition Subsequent" shall be deemed to no longer exist, and the rights and obligations of
the City and County pursuant to their interlocal Agreement for City use of the County Solid
Waste Management System shall resume and continue uninterrupted thereafter for the remaining
term of the Agreement. f
C. Notice to the Countv by theitv^ofDCnding Occurrence of 2 "Condition SuhQjj .n;_
In the event the City plans to begin Waste deliveries to the Bedminster MSW composting facility
under the terms of its contract with Bedminster, the City shall provide the County with thirty
(30) days advance written notice of such planned commencement of Waste deliveries. In the
event the City plans to resume deliveries of waste to the County under the terms of its interlocal
agreement for use of the County Solid Waste Management System, the City shall provide the
County with thirty (30) days advance written notice of such planned commencement of Waste
deliveries and the approximate quantity thereof.
ARTICLE 3
RESPONSIBILITIES OF THE CITY
A Delivery of MSW to County. The City shall deliver all the MSW it collects for disposal, or
cause delivery of that MSW which is collected for it by third parties under contract with tile City
for disposal, excluding Source- Separated Recyclable Materials, in excess of that amount of Waste
delivered to Bedminster to (a) County Solid Waste Management System facility(ies), at Disposal
Fee rages as specified herein The Director may identify particular facilities to which the Citi• shall
Ord.iver..its Waste. The City may deliver its Waste to a County transfer facility if the applicablensfer fee is paid to the County. At no time during the term of this Agreement shall the 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. The City shall not be directed to
deliver its Waste to a disposal facility which is farther from the City's boundaries than the closest
_ county -owned disposal facility. The City shall not be. directed. to deliver its Waste to..a..transfer
•facility which is farther from the City's boundaries than the closest county -owned transfer facility.
In no case shall' the City be required to deliver its Waste to a County Solid Waste Management
System facility which- is farther than twenty (20) miles from the City's nearest boundary in order
to take full advantage of it rights under this Agreement.
B. Use of Other Facilities Prohibited, The City shall not deliver any MSW it collects for
disposal, or cause or suffer delivery of that MSW which is collected for it by third parties under
contract with the City fol- disposal, in excess of that amount of Waste delivered to Bedminster
excluding Source -Separated Recyclable Materials, to a Solid Waste disposal or transfer facility
other than a County Solid Waste Management System facility for the term of this Agreement.
C. Hauler Contracts. The City shall include in any 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 Solid Waste collected for the City shall be delivered to a specified
County Solid Waste Management System facility for disposal. This provision shall apply to
Exclusive Franchise or License agreements with Solid Waste haulers. This provision shall not
apply to a Non -Exclusive Franchise or License to haul Solid Waste.
D. Disposal and Transfer Fees, The 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. The City shall pay a maximum Disposal Fee of forty-five dollars ($45.00) per ton to the
County for disposal of MSW delivered to County Solid Waste Management System facilities forld_
Fiscal Years 1995-96, 1996-97, and 1997-98. This Disposal Fee shall be established by separate
administrative order, which shall not become effective until approved by the Board. As
applicable, the City shall pay a maximum Transfer Fee of nine dollars ($9.00) per ton to the
County for transfer of MSW delivered to County Solid Waste Management System transfer
facilities for Fiscal Years 1995-96, 1996-97, and 1997-98. 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, 1998, 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
fir 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 five percent (5%) per year for the term of
this Agreement. In the event that the actual CPi increase or decrease exceeds the five percent
(5%) cap in a given Fiscal Year, the amount of CPI increase or decrease above or below 'the five
percent (5%) cap shall be applied to C:I'I increases or decreases in future years when the CI'I
increase or decrease is less than five percent (5%) "rhe Disposal Fee and l'ransfer• l.ee shall not
otherwise increase. unless as required by Changc in Law. as defined herein, which nnty occur at
any time during the term of this /lgrec:mrnt The County shall notity the city of' proposed
D1sposal I•cc and Transfct I've acitu,t1111om. (m the bisis of ('h:ur c In I aw "I'hc Disposal Vee
03- 051
page 7 - ..
increase based on Change in Law shall fully oompensate the County. for its increased. costs. 'The
City shall pay prevailing disposal fees for Waste materials for which th., County charges other
than the County Disposal Fee for the entire term of this Agreement, inclu�Jing, without limitation,
-tires, asbestos, construction and demolition debris, and clean yard trash, if provided to' the
County for disposal.
E. Igirms of Payment. The County shall invoice the 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 Agreer tent, 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 City forty-five (45) days front the date of receipt of
the County's monthly invoice.
F. Dispute On Invoicing. In the event of dispute on invoicing, the City shall first pay the full
amount of the disputed charges when due and shall, within thirty (30) clays 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 Manager or his designee shall
confer with the City, and the County Manager or his designee shall resolve the dispute not later
than sixty (60) days after the date upon which the disputed invoice was received. Should the City
disagree with the determination of the County Manager or his 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 City, oir 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 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. Ali such haulers
shall have and maintain a valid County Solid Waste hauler permit in accordance with Section
15-17 of the Code of Metropolitan Dade County, as amended from time to time.
The County will supply the City with monthly weighing records as may be reasonably required
by the City to administer its Waste collection program. Copies 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 accordance with Section I5-25, Subsections (b) and (d) of
the Metropolitan Dade County Code, as amended Isom time to tune '1'hc estimates shall take the
place of actual weighing records, when the, scales are imi opetational The County shall use
rcastutrthle rilints it) nraint:rin tlu• scales in :III t►hcrnNk. Ctm(iitlon 03- 0 51
• . sC 8
ARTI:E
RELATIONSHIPS OF THE PARTES
Nothing in this Agreement shall be -dei med W cobstitute any'paitiy a'piiniier, agent or"local
representative of the other party or to create any -type of fiduciary responst'bility of any land
whatsoever bewmen.-the parties . _ .... ,.
ARTICLE 6
HEADINGS
Captions and headings in this Agreement are for ease of redbrence only and do not constitute a
part of this Agreement and shall not affba the meaning or moa of any provisions herein.
ARTICLE 7
APPROVALS AND NOTICES
Notices and approvals roquired or contemplated by this Agreement shalt be written and personally
served or mailed, by registered or certified United States mad, with return receipt requested, to
the following address:
To County:
Metropolitan Dade County Florida
11 I N.W. Ist. Street, 29th Floor
Miami, FL 33128
Attm: County Manager
Phone: (305) 375-5311
cc: Department of Solid Waste Managarmnt
8675 N.W. 53rd Street
Suite 201
Miami, FL 33166
Attm: Department Director
Phone: (305) 594-1520
Dade County Attorney's Office -
I 1 I N. W. 1 st Street, 27th Floor
Miami, FL 33128
Attn.: Mr. Henry N. Gillman, Assistant County Attorney
Phone: (305) 375-1178
To City:
City orMiami
3 500 Pan American Drive
Miami, FL 33133
Attn City Manager
Phone ('105) 250-5400 051
•• Stte 9
ARTICLES
AGREENENT GOVERNS; ENTIRE AGREEMENT
P This Agreement shall govern and supersede any other Interlocal agreement betwEeti the City acid
the County with regard to use of the County Solid Waste Management System. This writing
embodies. the entire, Agmeement.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 9
REPRESENTATIONS OF THE COUNTY
The County represents that (A) this Agreement has been drily 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 10 -
REPRESENTATIONS OF THE CITY
The City represents that (A) this Agreement has been duly authorized, executed and delivered by
the Governing Body of the City, and (B) it has the required power and authority to perform this
Agreement. -
:: tr �
"mr, • z I • 0212"IkIll
This Agreement shall terminate in the event of termination of the City's contract with Bedminster
Bioconversion Corporation dated October 29, 1993 and amended on October 20, 1995 or
coincident with termination of the City's interlocal agreement with the County for City use of
the County Solid Waste Management System, whichever occurs first. In the event the City plans
to terminate its contrail with Bedminster, the City shall provide the County with thirty (30) days
advance written notice of such planned termination.
ARTICLE 12
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 13
NON -ASSIGNMENT 03— 0 51
In no cast: shall the City assign, transfer, convey or otherwise hypothecate any interest, rights,
duties, or obligations Hereunder, or any Egan thcreol' In tite event the City attcmpts to assign,
transfer, convey or otherwise hypothecate this Agreement car thr City's rights, duties or
610
iigations hereunder,. or .any. . part thereof; the . County. may at, its option, terruinate this
..Agreement.
-ARTICLEIA _ _ -
RIGHTS OF OTHERS
. IYatbiiig:in this Ag�eerriextt, eMi ei rexUress or implied, is intended to confer upon any person other
than the parries hereto any rights or remedies under or by reason of this Agreement
ARTICLE 15
WAIVER
There strati be no waiver of any right related to this Agreement unless that such waiver is in
writing signed by the partywaiving such tight. No delay or faihue to exercise a right under this
A,groa>xw shall impair such tight 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 tight at a
latex time, or of any other right under this Agreement.
ABU= 16
FLORIDA LAW GOVERNS; VENUE IN 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 Dade County, -Florida.
This Agreement may be terminated upon mutual consent in writing by all parties to this
Agreement
AR3 CLE 19
COUNTERPARTS
This Agreement may be executed in one or more counterpartCs), each of which shall be deemed
an original.
ARTICLE 19
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, word'or phrase shall
be deemed modified to the extent necessary in order to conform with such laws, and this
Agreement shall remain in full force and e(%ct_
03- 051
IN WITNESS .. WMREOF, Metropolitan. Dade. County,.Florid4. has caused this
Agreement to be executed in its. name by •the County Manager or his designee, atteted. by the :.
Clerk of the Board of County Commissioners and has caused the seat of the Board of County
Commissioners to be. hereto attached; and the City of Miami, Florida has caused this -
to be executed in its name the Manager of the Ci or his designee, Aunt
by 8 h' ghee, attested by the Clerk of the
City's Council and bas caused the seal of the governing body to be hereto attached, al! on the day
" siid year tir�t written above: _ _... ,..
Attest:
Harvey Ruvin,
Cleric of the Board
/75FAiddWMNftW
Attest:
METROPOLITAN DARE COUNTX,,.•••••�,e�
FLORIDA, BY ITS BOARD OF = t,0 ''`•� '
COUNTY COMMMSIONERS =�'�� ►: �s:
It
C .�. t
�� �� 5 1
By: ,
County Manager
CITY OF MIAIVIL -
FLORIDA, BY S
COUNCII.
Clerk pf Cott By:
_ City Manager
Clerks
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Assis unty Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY: .
. Ci torney
1
03-- 051
Z
P 02
RBSOLUTION N0R 9
A RESOLUTION AZTIHORIZING THE CITY MANAGSR TO
NSGOTIATR AND BXSCUTB AN AMBNDBD AND RBSTATRD
A OMENT.. MICH. CLARIFIES :.AND - AM)MOS ..THS.
SXISTIN3 AGRBBMSNT iTHB "AGRRBMBNT"?, IN A
FORM ACCBPTABLB TO THE CITY ATTORNEY, BBTWSBN
TAB . CITY OF MIAMI. AND BPMINSTER .. SEACOR
SSRNICBS MIAMI CORPORATION, TBRRBBY AMENDING
CERTAIN TERMS AND CONDITIONS SET FORTS IN THH
AGRBBMBNT CONCERNING THE DISPOSAL AT
BRDMINSTSR'S FACILITY OF MUNICIPAL SOLID
WAST$ MATRIZALS COLLBCrBD IN AND BY TiHB CITY
OF MIAMI.
WHSRBAS, the City desires to amend certain terms and
conditions of an existing agreement with Bedminster Seacor
Services Miami Corporation concerning the disposal of solid waste
materials collected in and by the City of Miami;
NOW, TMMFORS, BE IT RESOLVED BY THE COMMISSION OF TAB CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorizedll to
negotiate and execute an Amended and Restated Agreement
The herein authorization is further subject to compliance
with all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
applicable City Charter and Code provisions.
. CITY COA+MSSION
NEET1Nd OF
03- 051 SEP 1 4 1995
0 2 P p
Ci•fy1A9 •and•' amending the- existing. agreement- ..(the- *Agreement=*)
a form acceptable to the City Attorney, between the City of
iami and Bedminster Seacor ServicesMiami Corporation
(»Bedminete�r" 1•, . thereby. amending .certain.•tezms and _•conditions .set• .. .
forth in the Agreement concerning the disposal at Bedminster's
facility of solid waste materials collected in and by
the City of Miami.
Section 3. This Resolution shall become effective
innediately upon its adoption,
PASSED AND ADOPTED this 14th day of SeptenWr , 199S.
MAYOR
FINANCIAL AND BUDGETARY REVIEW:
AIV
MANOMAR S.SURANA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
DEPUTY CITY A
APPROVED AS TO F6RM AND CORRECTNESS:
A01 jAA;L/
CITY ATtq1&EY
W324:R00:9SS
03- 051