HomeMy WebLinkAboutR-94-0694U-94-758
9/13/94
RESOLUTION NO. 9 694
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT TO AN EXISTING
AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, WITH THE JOINT VENTURE OF
BEDMINSTER/SEACOR SERVICES, INC.
("BEDMINSTER/SSI"), THEREBY AMENDING SAID
AGREEMENT WHICH ENGAGED THE SERVICES OF
BEDMINSTER/SSI TO DESIGN, CONSTRUCT,
ACCEPTANCE TEST, FINANCE, AND OWN/OPERATE A
SOLID WASTE PROCESSING FACIILTY.
WHEREAS, on September 27, 1993, the City Commission adopted
Resolution No. 93-599,.which authorized the execution of a Solid
Waste Services Agreement with Bedminster/Seacor Services, Inc.
("Bedminster/SSI"); and
WHEREAS, the City and Bedminster/SSI are now desirous in
amending the said Agreement;
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.
CITY COM USSION
MEETtr.; G OF
SFr ? 2 In%
Resolution No.
94- 694
Section 2. The City Manager is hereby authorized/ to
execute an amendment to an existing agreement, in a form
acceptable to the City Attorney, with the Joint Venture of
Bedminster/Seaeor Services, Inc. ("Bedminster/SSI"), thereby
amending said agreement which engaged the services of
Bedminster/SSI to design, construct, acceptance test, finance,
and own/operate a solid waste processing facility.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 22nd day of September 1994.
STE HEN P. CLA"RK, MAYOR
ATT
MA TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
DEPUTY CITY A
APPROVED AS TO FORM AND CORRECTNESS:
/// 1
A QU. NN ES , III
CITY �TTO EY
BSS:M461
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.
-2-
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 9
TO : Honorable Mayor and Members of
the City Commission
FROM : Ces oer
City
DATE : SEP 15 1994 FILE :
SUBJECT : Solid Waste Service
Agreement with Bedminster
Seacor Services
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the attached resolution authorizing the
City Manager to execute an Amendment, in a form acceptable to the City Attorney, to the Solid Waste
Services Agreement between the City of Miami and Bedminster Seacor Services (Bedminster), dated
October 29, 1993.
Pursuant to Resolution No. 93- 599, the City Commission authorized the City Manager to enter into a
Solid Waste Services Agreement with Bedminster, ("the Agreement") for the design, construction,
financing, owning/operating of a Solid Waste Processing Facility. As a condition precedent, the
Agreement required that the City enter into an Interlocal Agreement ("Interlocal") with Metropolitan
Dade County by April 29, 1994. Attempts to negotiate the Interlocal with the County have been
unsuccessful to date. Based on the foregoing, and relying upon the legal opinion from Hughes
Hubbard and Reed et al, the interpretation from the Department of Environmental Protection dated
August 22, 1994, and Bedminster's willingness to indemnify the City as it relates hereto, the City
proposes the attached amendment to the Agreement. The Agreement shall be amended to specifically
include the following changes and clarifications:
1) Eliminate requirement for the Interlocal with Dade County;
2) Require that Bedminster indemnify the City in consideration, for the elimination of the
Interlocal;
3) Extend by equal time periods the performance of additional conditions to procure
permits and complete construction;
4) Reduce the Guaranteed Annual Tonnage from 204,000 tons to 183,000 tons;
5) Amend the fee schedule from $63.50 fixed for the first five years, to $63.50 fixed for
year 1; $63.50 or $10 below the County tipping fee for years 2-5, and thereafter;
6) Require that Bedminster credit/reimburse the City in an amount equal to the minimum
amount borne by City and/or City residents in the event a Solid Waste Taxing District
is adopted;
7) Add clarification and/or revisions as deemed necessary.
It is respectfully requested the City Commission adopt the attached resolution authorizing the
City Manager to execute the Amendment.
Attachment 9 4— 694 ��/