HomeMy WebLinkAboutR-98-0015J-98-5
1/6/98
RESOLUTION NO. 98 - 15
A RESOLUTION AUTHORIZING PAYMENT TO
MIAMI-DADE COUNTY FOR THE DISPOSAL OF SOLID
WASTE MATERIALS COLLECTED IN AND BY THE CITY
OF MIAMI FOR AN ESTIMATED AMOUNT NOT TO
EXCEED $7,028,035 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 METROPOLITAN
DADE COUNTY, FLORIDA, ALLOCATING FUNDS
THEREFOR FROM ACCOUNT CODE NO.
422001.320302.531.
WHEREAS, the City entered into two (2) interlocal agreements
with Metropolitan Dade County (the "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 of
Miami; and
WHEREAS, the second interlocal agreement provides for the
suspension or termination of the rights and obligations of the
City and 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 effectiveness of the
City's Bedminister Corporation agreement which provides for the
disposal of municipal solid waste at the Bedminister Facility
when it becomes operational; and
=7 coannI181in
MEETING OF,
JAN 13 1998
1woolutwu Na
98- 15
WHEREAS, the interlocal agreements established the fees for
the disposal of materials collected in and by the City of Miami
at $45.00 or $54.00 per ton as the case may be; and
WHEREAS, funds for said services are available from Account
No. 422001.320302.531;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to pay
Miami -Dade County an amount not to exceed $7,028,035 for a period
of one year for the disposal of certain solid waste materials
collected in and by the City of Miami pursuant to Interlocal
Agreements entered into on September 29, 1995 by and between the
City of Miami and Metropolitan Dade County, Florida with funds
therefor hereby allocated from Account No. 422001.320302.531.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 13th day of J y 1998.
XAVIER L SUAREZ, MAYOR
ATT
WALTER F CITY CLERK
2 98- 15
PREPARED AND REVIEWED BY:
RAFAEL O. DIAZ
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
n
A NN J ES, III
CITY ATT EY
W2106:CSK
98- 15
TO:
Honorable Mayor and Members
of the City Commission
Frank K. Rollason
FROM
Interim City Manager
Recommendation:
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
CA=17
DATE : EAN _ 5 1998 FILE
SUBJECT:
Resolution Authorizing Payment to
Metropolitan Dade County for the
REFERENCES :Disposal of Solid Waste Materials
Collected in and by the City of Miami
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached resolution authorizing
payment to Metropolitan Dade County for the disposal of solid waste materials collected in and by the
City of Miami for an estimated amount not to exceed $7,028,035 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
Metropolitan Dade County, Florida; allocating funds from Account Code No. 422001.320302-531.
Background:
The City of Miami entered into two (2) interlocal agreements with Metropolitan 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 effectiveness of the City's Bedminster Corporation agreement which provides for the
disposal of municipal solid waste at the Bedminster Facility when it becomes operational.
The interlocal agreements established the fees for the disposal of materials collected in and by the City
of Miami at $45.00 or,$54.00 per ton as the case may be.
98- 15
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Judy S. Carter
Director DATE:
Purchasing Department
SUBJECT:
Clarence atterson REFERENCES:
Coordinator
Department of Solid Waste ENCLOSURES:
January 5, 1998
FILE
Authorizing Payment
to Metropolitan Dade
County for Disposal
of Solid Waste Materials
Collected in and by the
City of Miami
The Department of Solid Waste has verified available funding with
the Department of Budget and Management to cover the disposal
cost of solid waste materials collected by the City of Miami to
Metropolitan Dade County for an estimated amount, not to exceed
$7,028,035 for a period of one (1) year pursuant to an interlocal
agreements, entered into on September 29, 1995 by and between the
City of Miami and Metropolitan Dade County, Florida; allocating
funds therefore from Account Code No. 422001.320302.531.
BUDGET REVIE AND APPROVED BY:
All.LLLLLLL LLL LLLLLLLLLLLLLLL
Dipak Parekh, Director
Office of Budget and
Management Analysis
98- 15 3
PAYMENT
TO MIAMI-DADE COUNTY
ITEM: Disposal of Solid Waste Materials
DEPARTMENT: Solid Waste
TYPE: Payment for one ( 1 ) year period
REASON: To pay Miami -Dade County for the disposal of solid
waste materials collected in and by the City of Miami.
RECOMMENDATION: It is recommended that the payment to Miami -Dade
County, in an amount of $7,028,035.00, from
Account Code No. 422001.320302.531, be
approved.
PaymentApproval
R - 15 5
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age 2
SECOND.INTERLOCAL-AGREEMENT'BETWEEN METROPOLITAN DADS
COUNTY AND THE CITY OF* MIAMI PROVIDIN6 FOR SUSPENSION OR
TERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND THE
COUNTY PURSUANT TO'IME INTERLOCAL AGREEMENT BETWEEN THEM
FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM BASED
UPON OCCURRENCE OF.A "CONDITION SUBSEQUENT" -
Thi seco id Interlocal Agreement ("Agreement") is made and entered into this day of
I995, by and between Metropolitan Dade County by and through ' Board of
`-dmy Commissioners ("County") and the City of Miami ("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 Bedminstees proposed
MSW composting facility, in the event the facility is constructed and becomes operational (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:
DEFrNITIONS
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 - 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,
trle, requirement, ruling or ordinance, of -the t Inited States or an>> stair or territory thcrec�f; unless
98- 15
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(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.
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 Medley, 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 Managcr at his sole discretion Such additions or deletions may
be made by use of an attachment hereto %vithout need for formal amendment to this Agreement
9s- lb
�ige 4 -
Director - 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 contractor(s) 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 1 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.
98- 15 9
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ARTICLE 2
PROVIDING FOR SUSPENSION OR. TERMINATION OF THE RIGHTS AND
OBLIGATIONS OF THE CITY AND THE COUNTY PURSUANT TO THE INTERLOCAL
AGREEMENT,3ETWE.EN THEM FOR USE OF THE COUNTY SOLID WASTE
MANAGEMENT SYSTEM BASED UPON OCCURRENCE OF A "CONDITION
SUBSEQUENT"
A. Determination of Occurrence of a "Condition 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 an& a- S
amended , a "Condition Subsequent" shall be deemed to have occurred.
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B. C'onseq ences of Occurrence of a "Condition Subsequent". In the event of occurrence of ---.I
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 contract
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.
C. Notice to the County by the Cily of pending Occurrence of a "Condition Subsequent".
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 the 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 rates as specified herein The Director may identify particular facilities to which the City shall
10 8_ 15
r._.'deIjve(..1tS Waste. The City may deliver its.Waste. so a County transfer facility if the applicable
nsfer 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 for 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 for
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, 1999, 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 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 CP1 increases or decreases in future years when the CPI
increase or decrease is less than live percent (5%) 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 cif this Agreement The Coun(y shall nosily the City of' proposed
DISI) sal I"ee ;+net 'I ranslcr FCC ;1djustmoits, on the hasis of cliange In raw The Iisposal Fee
98_ 15 11
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 the County charges other
than the County Disposal Fee for the entire term of this Agreement, including, without limitation,
tires, asbestos, construction and demolition debris, and clean yard trash, if provided to ' the
County for disposal.
E. Terms 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 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 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 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 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, 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, frQm 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. All 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 15-25, Subsections (b) and (d) of
the Metropolitan Dade County Code, as amended room tunic to time The estimates shall take the
place of' actual weighing records, when the scales are net operational "I'he County shall use
reaso nablc eili►rtti to n►aint•rin rile scales in an one►ahlc condition
12 98- 15
age 8
ARTICLE 5
RELATIONSHIPS OF THE* PARTIES
Nothing in this Agreement shall be -deemed to' constitute any ' paify a partiiet, 'agent or local
representative of the other party or to create any type of fiduciary responsibility of any kind
whatsoever between.the parties. .. - .
ARTICLE 6
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.
ARTICLE 7
APPROVALS AND NOTICES
Notices and approvals required or contemplated by this Agreement shall be written and personally
served or mailed, by registered or certified United States mail, 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
Attn.: County Manager
Phone: (305) 375-5311
cc: Department of Solid Waste Management
8675 N.W. 53rd Street
Suite 201
Miami, FL 33166
Attn.: Department Director
Phone: (305) 594-1520
Dade County Attorney's Office
111 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 of Miami
3500 Pan American Drive
Miami, FL 33133
Aim City Manager
I'luonc (05) 250_5400
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This Agreement shall govern and supersede any other Interlocal * agreement between the City and
the County with regard to use of the County Solid Waste Management System. This writing
embodies. the entire, rAgreement.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 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 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.
ARTICLE 11
DURATION OF AGREEMENT
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 contract 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
In no case shall the City assign, transfer, convey or otherwise hypothecate any interest, rights,
duties, or obligations hereunder, or any pan thereof' In the event the City attempts to assign,
transfer, convey or otherwise hypothecate this Agri-eentciti or the City's rights, duties or
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NothingIM 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.
Fat4 Vote Do 0
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, or of any other right under this Agreement.
ARTICLE 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.
ARTICLE 18
COUNTERPARTS
This Agreement may be executed in one or more counterpart(s), 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 effect.
98- 15 15
W WITNESS .. WHEREOF, Metropolitan. Dade. County, -Florid, has caused this
Agreement to .be executed in its. name by •the County Manager or his 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, Florida has caused this -Agreement .
to be executed in its name by the Manager of the City or his designee, attested by the Clerk of the
City's Council and has caused the seal of the governing body to be hereto attached, all on the day
and year first written above.
Attest:
Harvey Ruvin,
Clerk of the Board
Attest:
METROPOLITAN DADE COUNTY..----...,,
FLORiDA, BY ITS BOARD OF : '•. -�? ' ` %:' .'•.
COUNTY COMMISSIONERS
• �� �• _ � . -Y li z i
By: * * .=
County Manages •`•••......•,•
CITY OF MIAMI,
FLORIDA, BY S
COUNCII.
:CIAkC un' ��� By:
City Manager
Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Assist unty Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
NMNIWCi tomey
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98- 15
5 FR
RESOLUTION N0. 9 5 --
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE AN AMENDED AND RESTATED
AGRERML T.: WHICH. CLARIFIES ...AND- AMENDS. .THE.
EXISTING AGREEMENT (THE "AGREEMBNTF), IN A
FORM ACCEPTABLE TO THE CITY ATTORNEY, BETWSBN
THE . CITY OF MIAMI., AND BEDMINSTBR .. SBACOR
SERVICES MIAMI CORPORATION, TSSRBBY AMfiNDING
CERTAIN TERMS AND CONDITIONS SET FORTH IN THE
AGREEMENT CONCERNING THE DISPOSAL AT
BEDMINSTER'S FACILITY OF MUNICIPAL SOLID
WASTE MATRRIALS COLLECTED IN AND BY THE CITY
OF MIAMI:
WHEREAS, 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, 77IEREFORE, BE IT RESOLVED BY THE COMMISSION OF TEES 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
i� 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 COMMISSION
IKE£TINO OF
S F P 1 4 1995 17
(2' nnn
rj-fying -and arnending the- existing, agreement- (the- RAgreement-" )
a form acceptable to the City Attorney, between the City of
iami and Bedminster Seacor Services Miami Corporation
.("Be4minete!1—,.. thereby. amending.. certain. -terms ana-conditions set
forth in the Agreement concerning the disposal at Bedminster's
facility of miui,icipal solid waste materials collected in and by
the City of Miami.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of September i995.
STS HEN P. , MAYOR
ATTES
Z'i�
ALTER ja. Y0JRiVW
CITY
FINANCIAL AND BUDGETARY REVIEW:
AIV
MANOHAR S-SURANA
ASSISTANT CITY MANAGER
PREPARED AND APPROVED BY:
DEPUTY. CITY ATTORNE
APPROVED AS TO F RM AND CORRECTNESS:
INN J S, II
CI A EY
w324:R0D:BSS
18
2
OS- 15
..Honorable Mayor and Members of DATE :.. _ SEP 8 1995 - FILE :
City Commission
SUBJECT
:.... _...: Bedminster, .Seacor.
Services Miami Corp.
Cesa o REFERENCES Agreement
ADtii : : .. +.. .
City .. _ .. -
ENCIOSURES:
It is respectfully recommended -that the City Commission
authorize the City Manager to negotiate and execute changes to
the Bedminster Seacor Services Miami Corporation Agreement dated
October 29, 1993 and amended October 20, 1994 in a form
acceptable to the City Attorney and reflecting the terms set
forth in the attached resolution.
RAMROM
There is a need to change certain elements of the above
referenced agreement for the composting of solid waste collected
by the City of Miami to reflect the dynamics of the solid waste
disposal market and issues related to the pending interlocal
agreements With Metropolitan Dade County for the use of their
disposal facilities until such time as the Bedminster facility
becomes operational.
Specifically, we must protect the city by providing for a
reduction in the tonnage required to be disposed of by the city
at the Bedminster facility due to the reduction in overall
tonnage which our last year of service has indicated.
Additionally, we are reducing the tipping fee which we will pay
Bedminster based upon the reduction in the County's fees as
reflected in the proposed interlocal agreements. All references
to the County's Solid waste Taxing District are being
eliminated. The final change is an adjustment to the Consumer
Price Index (CPI) schedule originally agreed upon.
These amendments to the Bedminster Seacor Services Agreement
with the City of Miami Will allow us to continue our disposal
activities with Dade County until Bedminster's facility comes on
line and afterwards to insure that the cost of disposing of our
materials is competitive with Metro Dade County's.
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