HomeMy WebLinkAboutR-97-0097J-97-102
2/20l97
RESOLUTION NO.
A 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 $7,940,000 FOR A PERIOD OF ONE YEAR
PURSUANT TO 1NTERLOCAL 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. 422001-421301-531.
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 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; and
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. 422001-421301-531;
CITY COMMISSION
MEETING Or
Resolution No,
97- 9
M
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 Manages- is hereby authorized to pay Metropolitan Dade County
an amount not to exceed $7,940,000 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. 422001-421301-531.
Section 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 20th day of February, 1997.
OEROLLO, MAYOR
ATTEST:
i
c
WALTER J. FOEMAN, CITY CLERK
PREPARED AND APPROVED BY:
RAFAEL b. DIAZ, DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
A. QUI N JO S, III
CITY ATTO EY
ROD:bv: W 1423
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97r-
97
Ll
INTER -OFFICE
TO: Honorable Mayor and Members
of the City Commission
Ed4adarquez
FROM: City Manager
RECOMMENDATION:
CITY OF MIAMI, FLORIDA
MEMORANDUM Am 6
DATE : FM 11 W7 FILE
SUBJECT: Resolution Authorizing
Payment to Metro Dade
for Disposal of Solid
Waste Materials
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission authorize
payment to Metropolitan Dade County for disposal of solid waste
materials collected in and by the City of Miami up to an
estimated amount of $6,200,000 for a period of one (1) year.
Funds are available from Account Code No. 422001-421301-531.
BACKGROUND:
The City of Miami entered into two (2) Interlocal Agreements
dated September 29, 1995 with Metropolitan Dade County (the
"County") for use of the County Solid Waste Management System
Facilities. The first Interlocal Agreement is 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 County, based upon occurrence of a "condition
subsequent" which accommodates the City's Bedminster Corporation
agreement for disposal of municipal solid waste at the Bedminster
Facility when it becomes operational.
i
Additionally, the Interlocal Agreements established the fees for
the disposal of materials at the County's facilities based on
materials collected in and by the City of Miami at $45.00 or
$54.00 per ton.
II
C
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Edward Marquez
City Manager
Ron E. Williams
FROM: Assistant City Manager
DATE : ayt�- e IuJ FILE
Resolution .Authorizing
SUBJECT: Payment to Metro Dade
for Disposal of Solid
Waste Materials
REFERENCES:
ENCLOSURES:
The Department of General Services Administration and Solid Waste
has verified available funding with the Department of Finance to
cover the cost for payment to Metropolitan Dade County for
disposal of solid waste materials collected in and by the City of
Miami up to an estimated amount of $6,200,000 for a period of one
(1) year. Funds are available from Account Code No. 422001-
421301-531.
BUDGETARY REVIEW AND APPROVED BY:
0 Michael vin, Director
�VA Department of Finance
1,
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Edward Marquez DATE: JAN 15 1997 FILE:
City Manager
SUBJECT: Resolution Authorizing
Payment to Metro Dade
GI for Disposal of Solid
Ron E. Williams Waste Materials
FROM: Assistant City Manager REFERENCES:
ENCLOSURES:
It is recommended that the City Commission authorize payment to
Metropolitan Dade County for disposal of solid waste materials
collected in and by the City of Miami up to an estimated amount
of $6, 200, 000 for a period of one (1 ) year. Funds are available
from Account Code No. 422001-421301.-531.
BACKGROUND:
The City of Miami entered into two (2) Interlocal Agreements
dated September 29, 1995 with Metropolitan Dade County (the
"County") for use of the County Solid Waste Management System
Facilities. The first Interlocal Agreement is 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 County, based upon occurrence of a "condition
subsequent" which accommodates the City's Bedminster Corporation
agreement for disposal of municipal solid waste at the Bedminster
Facility when it becomes operational..
Additionally, the Interlocal Agreements established the fees for
the disposal of materials at the County's facilities based on
materials collected in and by the City of Miami at $45.00 or
$54.00 per ton.
5
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Page 1
j
SECOND INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE
COUNTY AND THE CITY OF MIAMI PROVIDING FOR SUSPENSION OR
TERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND THE
COUNTY PURSUANT TO THE MT,, RLOCAL AGREEMENT BETWEEN TP EM
FOR USE OF 173E COUNTY SOLID WASTE MANAG E MENT SYSTEM BASED
UPON OCCURRENCE OF A "CONDITION SUBSEQUENT"
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Pase 2
SECOND INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DARE
COUNTY AND THE CITY OF MIAMI PROVIDING FOR SUSPENSION OR
TERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND THE
COUNTY PURSUANT TO THE INTERLOCAL AGREEMENT BETWEEN THEM
FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM BASED
UPON OCCURRENCE OF A "CONDITION SUBSEQUENT"
This second Interlocal Agreement ("Agreement") is made and entered into this ;% f day of
�-� 1995, by and between Metropolitan Dade County by and through ' s Board of
—"CoXtTy 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 Bedminster's 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, Ind the mutual
considerations contained herein, the parties hereto, intending to be legally bound, do hereby agree
as follows:
DEFINITIONS
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,
8 rule, requirement, ruling or ordinance, of the United States or any state or territory thereof, unless
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Page 3
(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 Agreemem,. (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, owned, 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 Manager at his sole discretion. Such additions or deletions may
be made by use of an attachment hereto without need for formal amendment to this Agreement.
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A.
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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 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.
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Page 5
ARTICLEE 2
PROVIDING FOR SUSPENSION OR TERMINATION OF THE RIGHTS AND
OBLIGATIONS OF THE CITY AND THE COUNTY PURSUANT TO THE INTERLOCAL
AGREEMENT,$ETWEEN 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& 4 s
amended Y — , a "Condition Subsequent" shall be deemed to have occurred.
Cie 1-�h� ,,III / 1- 04 �.� b� ..�tide-L i v a-S.GJKOAN eei
M 10, -k & t 5 0 �. r �c � o .1 %�J o. 4 r— (> a 5 c o Y �} �{-1 �a 1. �� %Ll��
B. Conseouences of Occurrence of a "Condition Subs/eauent", In the event of occurrence of.,,,
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 terns 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—Cotinty by the—Cityof r ending_ Occurrence of a "Condition Subseauent".
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. Defivery 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 1
97- 97
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deliver its Waste. The City may deliver its Waste to a County transfer facility if the applicable
transfer 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 tlieCity'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 Prohihited. 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, 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
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 CPI increases or decreases in future years when the CPI
increase or decrease is less than five 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 of this Agreement. The County shall notify the City of proposed
12 Disposal Fee and Transfer Fee adjustments on the basis of Change In Law. The Disposal Fee
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increase based on Change in Law shall fully compensate 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 tlUs Agreement, including, without limitation,
tires, asbestos, construction and demolition debris, and clean yard trash, if provided to the
County for disposal.
E. Terms of Pavment. 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 tern 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. pispute 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 lus 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
WEIGFUNG 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, &Qm 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 from time to time. The estimates shall take the
place of actual weighing records, when the scales are not operational. The County shall use
reasonable efforts to maintain the scales in an operable condition. 13
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ARTICLE 5 t
REL.ATIONSI-IIPS OF THE PARTIES
Nothing in this Agreement shall be deemed to constitute any party a partner, agent or local
representative of the other party or to create any type of fiduciary responsibility of any kind
whatsoever between the parties.,
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.
A R jFjfLE 7
APPROVALS AND NOTICES
Notices and approvals required or contemplated by tlus 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
I I I N.W. 1st 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 F
Miami, FL 33166
Attn.: Department Director
Phone: (305) 594-1520
Dade County Attorney's Office
I I 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 of Miami
3500 Pan American Drive
Miami, FL 33133
i
Attn: City Manager
14 Plione: (305) 250-5400 9 rl _ 97
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Page 9
ARMLE S
AGREEMENT GOVERNS; ENTIRE AGREEMENT
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 Agreement and understanding between the parties hereto, and there are no
other agreements or understandings, oral or written with reference to the subject matter hereof
that are not merged herein and 'superseded hereby.
ARTICLE 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 CITE'
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 part thereof. In the event the City attempts to assign,
transfer, convey or otherwise hypothecate this Agreement or the City's rights, duties or 15
9'7 -- 97
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Page 10
obligations hereunder, or any part thereof; the County may at its option,. terminate this
Agreement.
,.ARTICLE J4
RIGHTS OF OTHERS
Nothing in this Agreement, either express or implied, is intended to confer upon any person other
than the parties hereto any rights or remedies under or by reason of this Agreement.
ARMLE 15
. WAIVER
There shall be no waiver of any right related to this Agreement unless that such waiver is in
writing signed by the party waiving such right. No delay or failure to exercise a right under this
Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall
be limited to the particular rights waived and shall not be deemed a waiver of the same right at a
later time, or of any other right under this Agreement.
It
AR —TIC
LE 16
FLORIDA LAW GOVERNS; VENUE IN DADE COUNTY, FLORIDA
This Agreement, regardless of where executed, shall be governed by and construed according to
f the laws of the State of Florida, and venue shall be in Dade County, Florida.
I
ARTICLE 17
TERMINATION
16
This Agreement may be terminated upon mutual consent in writing by all parties to this
Agreement.
ARTICLE 18
COUNTERPARTS
Thig 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 I
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.
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IN WITNESS WHEREOF, Metropolitan Dade County, Florida, 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 lus 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 R.uvin,
Clerk of the Board
Attest:
•
METROPOLITAN DADE COUNTY,
FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS
Ci •1` 0 d
By:/--Z- ��
County Manager •-. o",..�R
CITY OF MIAMI,
FLORIDA, BY qS
COUNCIL / `
Clerk t Counci By:
City Manager
I Clerk
j APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
i
Assists C unty Attorney
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY: /A. ml�
I %Oorney
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Bedminster/SSI may be delayed in commencing
operations at the Facility by failure to
obtain a permit from Metropolitan Dade
County or the State of Florida, but in no
event., shall commencement of operations
occur., later than a total of forty-eight
(48) months from the Amendment Effective
Date.
"Guaranteed Annual Tonnage" shall mean one
hundred eighty three thousand (183,000)
tons of Acceptable Waste, which is the
minimum number of tons of Acceptable Waste
that the City is required to deliver to the
Facility during each Billing year during
the term hereof, provided that tonnages for
the last Billing Year of this Agreement, if
less than a full year, shall be prorated on
the basis of the total numb,6r of days in
such year during which this Agreement is in
effect over a period of three hundred
sixty-five (365) clays.
"Guaranteed Plant Capacity" shall mean the
capacity of the Facility to produce at
least one hundred and eighty three thousand
(183,000) tons of Acceptable Waste having
characteristics equal to the Waste
Composition Profile set forth �n Schedule 2
hereto, in a Billing Year.
"Indebtedness" shall mean the indebtedness
incurred by Bedminster/SSI to finance the
construction of the Facility or Additional
Capital Investments, in each ease as may be
required to perform the services to be
provided by Bedminster./SSI to the City
hereunder, and any indebtedness issued to
refinance, extend or modify such
indebtedness.
"Interlocal Agreement" definition deleted.
"Uncontrollable Circumstances" shall mean:
(i) an act of God, including hurricanes,
tornadoes, landslides, lightning,
earthquakes, flood, sabotage, or similar
occurrence, acts of a public enemy,
extortion, war, blockade or insurrection,
riot or civil disturbance;
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constitute an election of remedies nor a waiver of any rights;
and provided further that neither party shall terminate this
Agreement for failure by the other to pay an amount due
hereunder if the unpaid amounts aggregate less than $100,000.
(c) If an Event of Default occurs as provided in
Section 12.02(a)(2), Bedminster/SSI may suspend performance of
its obligations under this Agreement upon written notice to
the City; provided, however, that the exercise of such right
shall not constitute an election of remedies nor a waiver of
any rights.
Section 12.03. other Available Remedies. Upon the
occurrence of any Event of Default, the non -defaulting party
may proceed to protect and enforce its rights hereunder and
under the laws of the State of Florida by such suits, actions
or special proceedings in equity or at law, or by proceedings
in the office of any board, body or officer having
jurisdiction, either for the specific performance of any
covenant or agreement contained herein or in aid of execution
of any power herein granted or for the enforcement of any
proper legal or equitable remedy, all as such non -defaulting
party shall deem most effectual to protect and enforce such
rights; provided, however, that the rules relating to
settlement of disputes contained in Section 14.16 shall
control and be binding on the parties.
Section 12.04. operations in Default by
Bedmin_s_ter/SSI. If an Event of Default with respect to
Bedminster/SSI has occurred, the City agrees to coordinate
with the Assignees (as defined in Section 12.01(c) as follows:
(a) To secure a new operator for the Facility
pursuant to which the City shall continue to pay the ~Service
Fee; and
(b) If necessary and until a new operator is found,
the City may, at its sole discretion and with the consent of
the Assignees, directly assume the operation of the Facility.
During any such period of operation by the City, the City`s
only financial obligation will be to pay the normal Facility
operating and maintenance costs and to pay to the Assignees
the portion, of the Service Fee attributable to debt service
payments.
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.. ............ ram..................... ............. �.. .. r.... .... :,�.. ... . ......�... .. ...... ... ...�.w w..., - -w.r�LLv.�wU.�..aM:... r. �..�... ____ - - '_- .w. �..w
EKccutton COPY
Section 13.03. Consequential and Punitive Damages.
Neither Bedminster/SSTs indemnity under Section 13.01(a) nor
the City's indemnity under Section 13.02 shall extend to
consequential or punktive damages.
ARTICLE XIV
General Conditions
Section 14.01. Applicable Law and Venue. The law
of the State of Florida shall govern the validity,
interpretation, construction and performance hereof and -venue
for any suit'' involving this Agreement shall be in Miami,
Florida.
Section 14.02: Agreement Amendment. No amendments
to this Agreement may be made except in writing signed by both
I parties. '
Section 14.03. Severability, In the event any
covenant, condition or provision of this Agreement is held to
be invalid or unenforceable by a final judgment of a Court of
competent jurisdiction, the invalidity or unenforceability
thereof shall in no way affect any of, the other covenants,
conditions or provisions hereof, provided that such remaining
covenants, conditions and provisions can thereafter bd
applicable and effective without materially changing the
obligations of either party.
Section 14.04. Relationship of. the Parties.
Nothing herein shall be deemed to constitute either party a
partner, agent, or local representative of the other party or
to create any fiduciary relationship between the parties.
Section 14.05. Representatives. The authorized
representative of each of the parties for the purpose hereof
shall be such persons as the parties may from time to time
designate in writing. Any such person so designated by City
shall not have the authority to enter into any amendment to
this Agreement without the express written approval of the
Miami City Commission.
Section 14.06. Notices. All notices herein
required or permitted to be given or furnished under this
Agreement by either party to the other shall be in writing,
and shall be deemed sufficiently given and served upon the
other party if delivered by hand or sent by mail, air courier,
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Execution Copy
between the parties hereto. In the event that the
requirements of any paragraph of the Agreement shall be.found
to be inconsistent with those of any appendix or amendment,
this Agreement and not the appendix shall control unless the
appendix or amendment expressly states that it is intended to
amend or control this Agreement.
Section 14.11. Consents. To the extent that the
consent of either party to this Agreement is required to any
action of the other party pursuant to any provision of this
Agreement, such consent will not be unreasonably withheld.
Section 14.12. Term and Termination of the_Agree-
ment. The Term of this Agreement shall begin immediately upon
the effective date of this Agreement as set forth in the first
paragraph hereof (the "Contract Date"), and the Agreement
shall remain in effect for a term which shall end on the
earlier of 30 years following the Commencement Date of
Operations or 35 years from the Contract Date, subject to the
termination rights of each of the parties as set forth herein
(the "Term").
Section 14.13. Entire Agreement. This Agreement
represents the entire agreement and understanding of the
parties hereto and expressly supersedes all prior agreements
and understandings previously executed or agreed to by the
parties concerning the subject matter hereof.
Section 14.14. Further Assurances. The City and
Bedminster/SSI each shall use all reasonable efforts to
provide such information, execute such further instruments and
documents and take such actions as may be reasonably requested
by the other and not inconsistent with the provisions of this
Agreement and not involving the assumption of obligations or
liabilities different from, in excess of or In addition to
those expressly provided for in this Agreement to carry out
the intent of this Agreement.
Section 14.15. Limitation of Liability. In no
event shall the liability of either party under this
Agreement, whether based on contract, warranty, tort
(including negligence), strict liability or otherwise, extend
to or include special, incidental, consequential or punitive
damages of any kind whatsoever.
It is understood and agreed to by the City that
nothing contained herein shall create any obligation of or
right to look to any stockholder, director, officer or
9'7 - 97
Execution Copy
between the parties hereto. In the event that the
requirements of any paragraph of the Agreement shall be found
to be inconsistent with those of any appendix or amendment,
this Agreement and not the appendix shall control unless the
appendix or amendment expressly states that it is intended to
amend or control this Agreement.
Section 14.11. Consents. To the extent that the
consent of either party to this Agreement is required to any
action of the other party pursuant to any provision of this
Agreement, such consent will not be unreasonably withheld.
Section 14.12. Term and Termination of the Agree-
ment. The Term of this Agreement shall begin immediately upon
the effective date of this Agreement as set forth in the first
paragraph hereof (the "Contract Date"), and the Agreement
shall remain in effect for a term which shall end on the
earlier of 30 years following the Commencement Date of
Operations or 35 years from the Contract Date, subject to the
termination rights of each of the parties as set forth herein
(the "Term").
Section 14.13. Entire_AQreement. This Agreement
represents the entire agreement and understanding of the
parties hereto and expressly supersedes all prior agreements
and understandings previously executed or agreed to by the
parties concerning the subject matter hereof.
Section 14.14. Further Assurances. The City and
Bedminster/SSI each shall use all reasonable efforts to
provide such information, execute such further instruments and
documents and take such actions as may be reasonably requested
by the other and not inconsistent with the provisions of this
Agreement and not involving the assumption of obligations or
liabilities different from, in excess of or in addition to
those expressly provided for in this Agreement to carry out
the intent of this Agreement.
Section 14.15. Limitation of Liability. In no
event shall the liability of either party under this
Agreement, whether based on contract, warranty, tort
(including negligence), strict liability or otherwise, extend
to or include special, incidental, consequential or punitive
damages of any kind whatsoever.
it is understood and agreed to by the City that
nothing contained herein shall create any obligation of or
right to look to any stockholder, director, officer or
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between Bedminster/SSI and the City. Additional costs
incurred in excess of. the retainer fee resulting from items
submitted for decision+ shall be paid for by the non -prevailing
party. Where the decision is not clearly in favor of either
party, then the percentage of such additional cost shall be
paid by Bedminster/SSI and the City as decided by the
arbitration panel.
(e) Unless the parties shall otheririse agree,
arbitration shall take place in the City of Miami, Florida.
Section 14.17. Fair Market Value Purchase Option.
The City .have -the option, exercisable by irrevocable written
notice to Bedminster/SSI not less than six (6) months prior to
the expiration of the Term of this Agreement, to purchase at
the end of the Term Bedminster/ SSI`s interest in the Facility,
the Site and related contractual rights (the "Purchased
Assets") for their respective fair market values. Any.•*such
purchase shall be on the basis of an "AS IS, WHERE IS," sale
and Bedminster/SSI shall not be obligated to make any
representations or warranties concerning the condition of the
Facility or its suitability for any particular purpose.
The purchase price for Bedminster/ SSI ' s interest in
the Facility and the Site, respectively, shall be determined
on the basis of the value which would be obtained for such
assets in an arm's length transaction between an informed and
willing buyer under no compulsion to buy, and'an•informed and
willing seller, under no compulsion to sell, based on the
highest and best use of such Purchased Assets utilizing
generally recognized professional criteria for the appraisal
of industrial property and real estate. Taxes and other
prepaid assets directly related to the Facility shall be
prorated as of the closing date.
If Bedminster/SSI and the City cannot agree as to
the fair market value of the Purchased Assets within fifteen
(15) days of receipt of the City's election to purchase the
same, then said value shall be determined on the basis of the
average of two separate appraisals on such property prepared
and delivered by two disinterested MIA -certified and licensed
industrial property appraisers, one of whom shall be appointed
by Bedminster/SSI and the other of whom shall be appointed by
the City. Each of the appraisers shall provide to each party
their written report and appraisals within thirty (30) days of
their appointment.
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Bedminster/SSI, or in the activities to be performed by them,
or in the amounts or quality of materials used in connection
with the operation orinaintenance of the Facility or the cost
of transportation or.. disposal of Residue, Shutdown Waste
and/or Unacceptable Waste, the parties shall negotiate in good
faith to either extend the term hereof to allow for the
amortization of the increased costs within the Unit Billing
Rate as herein contemplated, or if necessary, to renegotiate
the Unit Billing Rate to amortize such costs within the
remaining term hereof; provided, however, that the City shall
not be obligated to accept a Unit Billing Rate in excess of
the amount which is $10.00 less the "Assumed County Cost per
Ton" set forth in Section 9.01.
Except for the negotiation of the Term and the Unit
Billing Rate as herein provided, Bedminster/SSI shall be
responsible for costs associated with any Change in Law. If
a Change in Law affects the performance by either party,. the
provisions of Section 1.1.01 (a) through (c) shall be
applicable to the extent it affects such performance.
IN WITNESS WHEREOdmi.nster/SSI and the City have
executed this Agreement o1993.
Witnesses: BEDMINSTE R SERVI S
fl T N
11511
By
President
(SEAL)
.44 P. 11. 11 50
lbi,
MM
97 zs
Execution Copy
Schedule 1
Escalation Adjustment Factor
and Application
The Escalation Factor shall be computed in
accordance with the following formula:
EF = CPI _ CPIb
Where - EF = the Escalation Factor,
CPI = consumer price index identified below,
in effect as of each anniversary of the
Commencement Date of operations
CPIb = consumer price index fob: the base 'month
which will be the first month of the
fifth year following the Commencement
Date of operations.
The consumer price index shall be Consumer Price Index for
Urban Wage Earners and Clerical Workers (CPI-W), Miami -Ft.
Lauderdale, Florida (All Items), published by the Bureau of
Labor Statistics of the U.S. Department of Labor or any
comparable replacement index. .
Should the index referred to in this Schedule 1 be discon-
tinued or be substantially modified, then an alternate index
shall be chosen by mutual consent of the parties as a substi-
tute index. Said substitute index shall be selected to
maintain the purchasing power of one dollar at a constant
level, considering the nature of expenses incurred in the
operation and maintenance of the Facility.
Lnk-N 8 56 11 S 2
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SCHEDULE 3
(PERFORMANCE STANDARDS)
1. The facility will be designed, permitted and constructed
to receive and process through composting at' least
204,000 tons per year of municipal solid waste in
accordance with the waste profile described: in Schedule
2.
The facility shall have the capacity to receive and
process 4200 tons per week of municipal solid waste based
on a 6 day operating week and the City's current delivery
schedule.
2. Design, permit and construct the facility in compliance
with all applicable Federal, State and Local Permit
Requirements. Construction to be accomplished within 18
months after permit acceptance. The facility will
recycle and compost a minimum of 70% of the acceptable
waste in accordance with the waste profile described in
Schedule 2.
3. The quality Of Compost produced will meet Federal and
State of Florida Requirements as described in Florida
Administrative Code Rule 17-709 as it pertains to Type A,
B or C compost.
Lvk-44836 11
Facility Description•(continued)
(ii)
Screen and affectively separate the inorganic
and non -degradable materials from the compost
(iii)
Return',the inorganic reject material to the
Tipping Floor for further sorting and placement
in transfer trailers for disposal
(D) Compost Curing Facilities to:
(i)
Further cure and mature the compost for a
minimum of thirty (30) days
(ii)
Meet state regulations on pathogen destruction
(PFRP)
(iii)
Move the compost to the final screening and
processing area
(E) Compost
Storage and Processing Facilities to:
(i)
Provide screening facilities to prepare the
compost for storage and immediate or future
marketing
(ii)
Store up to 10,000 tons of post -screening
compost production
(F) Standards
Shall meet existing Florida Department of
Environmental Protection Rules for Composting
Facilities
Lak-44836 11 56
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Physical Plant Description (continued)
After curing, the compost is screened by a proprietary
Final screen Assembly housed within the same metal building,
separated from the aeration area by means of an insulated
wall. The remainder of the concrete slab floor area is .used
for bulk compost storage prior to marketing.
The plant also included soil biofilter areas located
outside the buildings. These filters are below ground level
(where appropriate) and are used to filter the exhaust air
from the curing process. The exterior area of the plant also
contains the paved Tipping Floor ramp, queuing area for the
waste trucks, the truck weigh scale and scale house as well as
the gravel/shell periphery access road.
PLANT SITE
That certain land in Medley more properly described as "Tracks
41 & 42 Fla. Fruitland Subdivision PB 2/7, Sec 3 TW 53 Rag 40
(19.70 Ac+/-) and certain portion of Sec 10 TW 53 Rng 0
starting N.W. Corner 50.01 East, 251.53 Ft. South 1929.64 East
251.54 North and 1929.47 West to P.O.B. (11.139 Ac+/-)" -
I.Ik-448 36 11
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J-93-682
9/21/93
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RESOT,UTION NO.
A RESOLUTION:A1THORIZING THE CITY HANAGER TO EXECUTE
AN AGREEMENT. IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY. ' WITH THE JOINT VENTURE OF
BEDMINSTER/SEACOR SERVICES. INC. ("BEDMINSTER/SSI").
TO DESIGN, CONSTRUCT. ACCEPTANCE TEST, FINANCE,
OWN/OPERATE A SOLID WASTE PROCESSING FACILITY, IN
ACCORDANCE WITH THE REQUIREMENTS SET FORTH IN
REQUEST FOR PROPOSAL NO. 91-92-102; FURTHER
AUTHORIZING THE CITY MANAGER. TO EXECUTE AN
INTERLOCAL AGREEMENT. IN A FORM ACCEPTABLE TO THE
CITY ATTORNE`.., WITH METROPOLITAN DADE COUNTY
("COUNTY"), T•J RELEASE THE CITY OF MIAEI FROM THE
REQUIREMENT THAT ITS SOLID WASTE STREAM BE TAKEN
TO COUNTY LANDFILL FACILITIES.
WHEREAS, the City of Miami ("City") and Metropolitan Dade
County ("County") are diligently seeking the means of complying
With mandated State of Florida requirements to divert the City's
solid waste stream from County landfill facilities; and
WHEREAS. pursuant to Request for Proposal No. 91-92-102
("RFP"), the City solicited the servioes of a firm to design,
construct, acceptance test, finance, and own/operate a solid
waste processing facility; and
WHEREAS, on April 15. 1993, pursuant to Resolution
No. 93-250. the the Joint Venture of Bedminster/Seacor Services,
Inc. ("Bedminster/SSI') was approved by the City Commission as
the most qualified and responsive proposer to the RFP; and
WHEREAS, the City Commission also authorized initiation of
negotiations With Bedminster/SSI and the preparation of an
agreement resulting from these negotiations; and
9'7 - 9
CITY COH?USSIOM
MEET71.0 OF
5EF 2 7 1no
na.oi�„on No.31
32
WHEREAS, said'.' agreement between the City of Miami and
Bedminster/SSI is contingent upon the adoption of -an Interlocal
Agreement between the* City of Riami and Metropolitan Dade County;
and
WHEREAS, the economic benefit to the Citl. would be a
reduction in the tipping fee currently oharged. by Bade County;
and
WNEREAS, said faol,l.ity will also add.ross the Cou'iaty's nee4,,
to reduce the utilization of lemdfill facilities; and
WHEREAS. one of the teems of the nogotiat€ d contract will
require that the City pay a fixed tonnage fee;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI. FLORIDA:
Section 1. The recitals and findings oantained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if gully set forth in this
Section.
Section 2. The City Manager is hereby authorl2ed" to
execute an agreement. in a form acceptable to the City Attorney,
with the Joint Venture of Bedminster/Seacor Servloes, Inc.
C"Bedminster/SSI"a. to design, construct, acoeptance test,
finance, own/operate a solid waste processing facility, in
accordance with the requirements set forth in Request for
Proposal No. 91-92-102.
The herein authorization is further subject to compliance
vitb all requirements that may be imposed by the City
Attorney, including but not limited to those prescribed by
C'caut'Uvx Canso Cv�+, Yivv+aaurea.
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Section 3. 'The City Manager is hereby authorizeda/ to
execute' an interlocal agreement, in a form acceptable to the City
Attorney, with Metropolitan Dade County ("County"), to release
the City of Miami from the requirement that its`s solid waste
stream be taken to County landfill facilities.
Section 4. This Resolution shall become effective
Immediately upon its adoption.
PASSED AND ADOPTED this 27th day of September 1993.
AA E
TTY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
r
HUMBERTO HERNANDEZ
ASSISTANT CITY ATTORNEY
BSS:M3861
XAVIER L. SgAREZ,
ffie-P.
APPROVED AS TO FORM AND
CORRECTNESS:
A. QU N cT S. II
CITY ATTO Y
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.
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