HomeMy WebLinkAboutO-10837J-91-106
2/04/91
10,8817
ORDINANCE NO.
AN EMERGENCY ORDINANCE, WITH ATTACHMENT,
ESTABLISHING A NEW SPECIAL REVENUE FUND
ENTITLED: "SOLID WASTE REDUCTION: RECYCLING
AND EDUCATION (FY'91)"; APPROPRIATING FUNDS
THEREFOR IN ACCORDANCE WITH SECTION
403.706(4), FLORIDA STATUTES, IN THE AMOUNT
OF $600,0001 CONSISTING OF A RECYCLING
PROGRAM GRANT FROM THE STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL REGULATION, IN
ACCORDANCE WITH THE STATE OF FLORIDA SOLID
WASTE MANAGEMENT GRANT RULE 17-716 AND
SECTION 403.7095 FLORIDA STATUTES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, the State of Florida has enacted the 1988 Solid
Waste Management Act requiring counties and cities statewide to
develop and implement recycling programs in order to achieve the
statewide recycling mandate and statutory goal of a thirty
percent waste reduction by July 1, 1994 in accordance with
Section 403.706(4) Florida Statutes; and
WHEREAS, the City of Miami by Resolution No. 89-218 has
submitted a joint grant application with Metropolitan Dade County
under an executed interlocal agreement to the State of Florida
Department of Environmental Regulation in order to avoid a local
match requirement in Section 403.7095(3)(c) Florida Statutes; and
WHEREAS, the Department of Environmental Regulation, in
accordance with the State of Florida Solid Waste Management Grant
Rule 17-716, has approved the City of Miami and Dade County joint
application for FY191; and
WHEREAS, the Board of County Commissioners of Metro -Dade
County, by Resolution No. R-28-91, accepted the State of Florida
Solid Waste Management grant award for FY191 in the amount of
$3,036,281 on behalf of the County and those municipalities
participating in the joint application for said grant, and the
County Manager executed the grant agreement, in substantially the
attached form; and
ATTAC F1 MEN T
co R
10837
WHEREAS, the City of Miami's portion of said awarded funds
amounts to $600,000;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble
to this Ordinance are hereby adopted by reference thereto and
incorporated herein as if fully set forth in this Section.
Section 2. The following Special Revenue Fund is hereby
established and resources are hereby appropriated as described
herein:
FUND TITLE: SOLID WASTE REDUCTION: RECYCLING
AND EDUCATION (FY '91)
RESOURCES: STATE OF FLORIDA: DEPARTMENT OF
ENVIRONMENTAL REGULATION: SOLID
WASTE MANAGEMENT RECYCLING
PROGRAM GRANT $600,000
APPROPRIATION: SOLID WASTE REDUCTION: RECYCLING
AND EDUCATION (FY '91) $600,000
Section 3. The herein total appropriation of $600,000 for
Solid Waste Reduction applies to those publicly supported
recycling program development and operation activities and those
related educational and promotional activities being carried out
within a reasonable period of time in accordance with the time
parameters of the grant period.
Section 4. This Ordinance is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of•Miami and upon the further grounds of the necessity for the
City of Miami to make the required and necessary payments to its
employees and officers, payment of its debts, necessary and
.required purchases of goods and supplies, and to generally carry
on the functions and duties of municipal affairs.
Section 5. The requirement of reading this Ordinance on two
separate days is hereby dispensed with by an affirmative vote of
not less than four -fifths of the members of the Commission.
-2- 10837
Section 6. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 7. If any section, part of section, paragraph, clause,
phrase or word of this Ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
Section 8. This Ordinance shall become effective immediately
upon its adoption.
PASSED AND ADOPTED this 14th day of February ,
1991.
ATTE
IRAI, CIT=LERK
BUDGETARY REVIEW:
rx&
MANOHAR S. SU , DIRECTOR
DEPARTMENT 0 GET
FINANCIAL REVIEW:
IV
CARLO GARCIA, DIRECTOR
DEPARTMENT OF FINANCE
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J ROE L. ERNANDEZ
CITY ATT RNEY
M765
.3-
XAVIER L U REZ, MA OR
10837
Florida .Department of Environmental 1Ze ulation
Twin Towers Office Bldg, e. v Blair Stone Road a Tallahassee, Fldrida 32399-21p0-
stqtE bF FA� Bob Martinez, Governor Dalc TW;Chtmann, Secretary Jahn Shearer, Assistant Secretary
RECYCLING & EDUCATION GRANT AGREEMENT
FOR STATE ASSISTANCE UNDER SECTION 403.7095, FLORIDA STATUTES
PART I - GRANT NOTIFICATION INFORMATION
1. Grant Number: RE91-11 2. Date of Award: December 10, 1990
3. Grant Title: SOLID WASTE RECYCLING AND EDUCATION GRANT
4. Grant Period: October 1, 1990 - September 30, 1991
5. Grant Amount: $3,036,281
Recvclin4 and Education
Base Portion: $268,817
Incentive Portion: $2,767,464
Total Grant Amount: $3,036,281
6. Grantee(s): DADE
Address: Metro -Dade Public Works Department
III Northwest First Street
Miami, FL 33128
7. Federal Employer Identification Number: 59-6000573
8. Authorized Representative:
Names Joaquin G. Avino, P.E. P.L.S.
Title: County Manager
Phone: 305-594-1610
9. Contact Person:
Name:. Kathie Brooks
Address: Metro -Dade County
Department of Solid Waste Management
8675 Northwest Fifty -Third Street
Miami, FL 33166
Phone: 305 -594-1610
10. Total population of Grantee(s) from official April 1, 1989
Population Estimates: 1,872,954
11. Issuing Office:
Bureau of Waste Planning and Regulation
Florida Department of Environmental Regulation
2600 Blair Stone Road
t,� Tallahassee, Florida 32399 - 2400 904/922-6104 10837
Grant # ~.'91-11
PART II - GRANT CONDITIONS
A. GENERAL CONDITIONS:
I. The method of payment, for the period October 1, 1990 through
September 30, 1991, will be on a reimbursement basis only.
2. The grantee shall submit payment requests on a quarterly basis.
An original of the payment request, with summaries and appropriate
contracts attached, shall be due on the last day of the month
following the end of the reporting period.
3. Grant funds may be obligated for allowable expenditures until
September 30, 1991. The grantee may expend grant funds and
liquidate obligations until October 31, 1991. A final request
for payment must be submitted no later than November 15, 1991.
4. Payment requests must be signed by the designated Authorized
Representative. This should be the same person who signed the
grant agreement. If there is a change in the authorized
representative during the grant period, the Department must be
notified of the new representative by resolution or minutes of a
commission meeting.
5. Expenditures shall be limited to allowable items as listed in
Section 17-716.430 of the Solid Waste Grants Program Rule:
(a) Solid waste recycling grants shall be used to provide
funding for recycling program capital costs, which include
equipment purchases, solid waste scales, facility construction
and other such costs approved by the Department.
(b) Grant funds may also be used for temporary operating
subsidies, provided that the applicant shall demonstrate that
such a use is necessary for the success of the recycling program,
and shall show how the subsidy will benefit the program. The
applicant shall also demonstrate that the subsidy is temporary
by providing reasonable assurance that the program will be able
to operate without a subsidy from this grant program by October
1; 1993.
(c) Recycling grant funds shall be used for projects to assist
local governments in recycling paper, glass, plastic, construction
and demolition debris, white goods, and metals and in composting
and recycling the organic material component of municipal solid
waste.
16 3.7,
Grant # RE91-11
OFFER AND ACCEPTANCE
The State of Florida, acting by and through the Department of
Environmental Regulation, hereby offers assistance to the local
government (s) of Dade County and the Cities, Towns and Villages
of Bal Harbour, Bay Harbour Islands, Biscayne Park, Coral Gables,
E1 Portal, Florida City, Golden Beach, Hialeah, Hialeah Gardens,
Homestead, Medley, Miami, Miami Beach, Miami Shores, Miami Springs,
North Bay, North Miami, North Miami Beach, Opa-Locka, South Miami,
Surfside, Sweetwater, Virginia Gardens, and West Miami.
for all allowable costs incurred up to and not exceeding
$ 3,0369281.
Grant Application dated 09/26/90 included herein by reference.
THE STAT OF FLORIDA BY THE DEPARTMENT OF ENVIRONMENTAL REGULATION:
a e Twachtmann Date
Secretary
In accepting this award and any payments made pursuant thereto, (1)
the undersigned represents that he is duly authorized to act on
behalf of the recipient county, and (2) the recipient agrees to the
general and special conditions.
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT COUNTY:
Signature of Authorized Representative Date
Joaquin G. Avino, P.E
PLS
Please return to:
Department of Environmental Regulation
Bureau of Waste Planning and Regulation
Solid Waste Section
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
fG
i
M
N
Grant,# RE91-11
(d) Solid waste education grant funds shall be used to promote
recycling, volume reduction, proper disposal of solid wastes,
and market development for recyclable materials. Up to 30
percent of grant funds may be used for planning studies to assess
the feasibility and success of the recycling and education programs.
(e) All existing public and private recycling infrast-ructure shall
be fully used to the extent possible when planning and implementing t
the local government recycling program. Funds shall not be used for
duplicating existing private and public recyclin
applicant
demonstrates that such existin g programs unless the
into the planned recycling program. g Programs cannot be integrated
6. Each recipient of grant funds shall maintain accurate records of
l
expenditures of grant funds and shall assure that these records are
available at all reasonable times for inspection, review or audit by
Department personnel and other personnel authorized b t
he Records shall be kept for a period of at least 3 years followingtthe
t�
end of the grant period. The grantee agrees that it will expeditiously
initiate and complete the program work for which assistance has been
awarded under this agreement in accordance with all applicable
provisions of Florida Statutes and the Florida Administrative Code.
7. The Department has the right to terminate a grant award and demand
refund of grant funds for non-compliance with the terms of the award
or the Solid Waste Grants Program Rule 17-716. Such action may also
result in the Department declaring the local government ineligible
for further participation in the program until the local government
complies with the terms of the grant award.
8. Allowable costs incurred on or after the budget period start date
October 1, 1990, may be -charged to this agreement. '
9. Grant funds shall be included in the grantee's Annual Audit performed
under the Single Audit Act (A128). Any subgrants made by the grantee
shall also include a provision for the subgranted funds to be included
in the subgrantee's Annual Single Audit. A copy of all Single Audits
shall be submitted to the Department of Environmental Regulation, Solid
Waste Section, by March 31st of each year.
10. Grantee shall obtain all necessary construction -related permits
before initiating construction.
11. The State of Florida's performance and obligation to pay under this
grant agreement is contingent upon receipt of funds presently
anticipated from the Florida Department of Revenue.
10837
`Y` y 01/23/91 10:09 I•IETRO-DADS 'SOLID WASTE HG111T• OLZ
y r
W,CI.17A M[I.!?4MOGl1l.t1WA7 YQt
MEMORANDUM
te�rT�
a�•S
TO: Honorable Mayor and Members DATE: Janurary 15,•,1991
Board of County Commissioners
FROM: SUBJECT; ]Resolution Authorizing
eq0untyy
G. Avino, P.E., p,L.S, Acceptance of StateManager Recycling and Education
Grant Agreement No.
RE91-11
RECOMMENDATION
rt is recommended that the Board approve the attached Resolution
authorizing acceptance - of state funding County -Wide Recycling Projects and authorizer executionhiof
Recycling & Education Grant Agreement No. RE91.-11
BACKGROUND
The state of Florida Solid haste Management Grant Program is a. six
Year grant program which provides for funding of local recycling
and related educational programs and waste tire projects.
The Board by Resolution R-988-90, approved the submittal of an
application to the State of Program Florida Solid Waste Recycling Grant
for funding of local and related educational programs and
waste tire projects,
The State Of Florida, acting by and through the Department of
Environmental al Regulwableation, is providing assistance to the County
far all allowable costs incurred up to and not exceeding
$3,036,281. Grant No. RE91-11 was awarded for the le 1990 through September 30, 1991. period October
The funding will be progrutilized by the county and cities' for
ams for curbside pick-up,
projects and related supporting educational. efforts.speci.ficallard t,
the County portion of the funding multi -material curbside program as wellaswalcobe unt utilized fon
effort, y-wide education
These programs will assist the County in achieving the 30% State
mandated reduction in solid waste stream
the landfil
and better educate the public on the imporranceloforecycling for
the present and future of Dade County.
4.1 10837
01 /23/91
"� 1 C1: i Ll f9ETR0-UAUE 50L I U 61 STE t IGIIT. 003
w
Agenda item No. 5 (s) (14 )
1--15-51
RESOLUTION Nb. R-28-91
RESOLUTION AUTUORIZING ACCBpTANCE OF
STATE GRANT FOR BSTABLISEING COUNTY-WIDB
RECYCLING' PROJECTS AND AUTHORIZING
EXECUTION OF RECYCLING AND
EDUCATION GRANT
AGIMEM.SNT NO. RE91 -11 RELATEO THERETO
WHEREASe this board desires to accomplish the purposes
outlined in the accompanying memorandum, a COPY of which is
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF BADE COUNTY, FLORIDA, -that this Board
approves acceptance of state funding Ifor establishing
County -Wide Recycling Projects and authorizes the Cou
nt.
Manager y
to allocate said funds; and this Board approves
Recycling & Education Grant Agreement No. RE91-11 regarding
establishment of said County -Wide Recycling Projects
substantially 3e is in
Y the form attached hereto and made a part
hereof, and authorizes the County Manager to execute same f
.and on behalf of the Count Or
Y. and try exercise the cancellation
Provisions contained herein.
The foregoing resolution was offered by'Commissioner
Shernia[I S. Winn
adoption. The motion was seconded ' who moved its
by Commissioner Arthur E. Teele, Jr
and upon being put to a vote, the vote was as follows:
10837
.1.
01/23,, 91 10: 11
METRO -DADS SOL I D I,,I,.TE hIC,PIT. 004
Agendas Item No. 5(ej(14)
Page No. 2
Mary Collins aye
Charles Dusseau aye
Joseph M. Gersten absent
Larry Hawkins aye
Alexander Penalas aye
Harvey Ruvin aye
Arthur E. Teele, Jr. aye
Sherman D. Winn aye
.Stephen P. Clark aye
The Mayor thereupon declared the resolution duly passed
and adopted this 15th day of January, 1991,
DADE COUNTYr FLORIDA
BY 'ITS BOhRD Off'
COUNTY COMMISSIONERS
MARSHALL ADER,CLERK
L�! D I(AYMO XL1< eD
Approved by County Attorney as By;
to form and legal sufficiency (� De ut Clerk
p Y
10837
01 /23/91 1 t7 : 14
19E TRCl—L,f�LE SUL I D tkiH51F PIGf l t .
.STATE OF FLORIDA
COUNTY O>~ DAM,, SS:
I. MARSHALL ADI-''
k, Clerk of the Circuit Gourf In and rite Dade County,
Florida, and Ex•Offecio Clerk of the Doaed of Cou
IX) IIEItEDi'
CERTI)~y that the above anti lire my COmmissloners of said County,
RPsolutlan No, a-28-91 going Is a true and correct copy of
Commissioners at its ►rte�c;tin ; ld l_____ adopted
! by the said Board of COttnty
€ I eld on Jantta 15
IN WITNESS WH 19 91
ERLOF I hav e.
hereunto set my hand and official seat on
this _. J 8th
A.1). 19 9, ].
,
MARSHALL ADER, Clerk
Board of County CommissiOn�rs Dade County, Florida
4
13y
1)epuly Cicrk
y ,
Board of Cow,ty Commissioners node County, Florida
tU7p1.3 per. IQigO4trwpo.DiT
CITY OF MIAMI, FLORIDA6
INTER -OFFICE MEMORANDUM
TO Honora le Mayor and Members
of to City Commission
Cesar H. Odio
FROM ; City Manager
Recommendation
DATE : JA N 2 9 1991 FILE :
SUBJECT :
RECYCLING APPROPRIATION
ORDINANCE (FY-91)
(February 14, 1991
REFERENCES : Co mission Meeting)
ENCLOSURES:
It is respectfully recommended that the City Commission adopt the
attached appropriation ordinance establishing a special revenue
fund entitled: "Solid Waste Reduction: Recycling and Education
(FY'91)" in the amount of $600,000, consisting of a Recycling
Program and Education Grant from the State of Florida Department
of Environmental Regulation (FDER) pursuant to the 1988 Solid
_ Waste Management Act; Section 403.7095 Florida Statute and FDER
Grant Rule 17-716.
Backctround
As a municipal participant in an interlocal agreement by and
between the City of Miami and Metro -Dade County, the City of
.Miami per Resolution No. 89-218 agreed to submit a joint grant
application with Dade County and other municipalities in Dade
County to the FDER in order to avoid a local match requirement
per section 403.7095 3(c) Florida Statute.
On January 15, 1991 the Dade County Board of County Commissioners
per Resolution No. R-28-91 accepted, on behalf of the County and
those municipalities participating in the joint grant
application, a grant award for FY 1991 from FDER in the amount of
$3036281; further providing authorization for execution of the
grantcontract (# RE91-11), in substantially the attached form.
The City of Miami's portion of said award for FY'91 amounts to
$600,000. Said grant agreement provides funding for recycling
program operations and for recycling related educational and
promotional purposes.
According to the final grant statement and pursuant to FDER
grant rule-17-716, only those expenditures incurred during the°
period of October 1, 1990 to September 30,1991 will be funded.
The method of payment for recycling program expenditures incurred
by the City through September 30, 1991 is based on monthly or
quarterly requests for payment. Only Allowable expenses incurred
-through September 30, 1991 will be approved. by the FDER for
reimbursement purposes.
10837
i
1 ,
Page 2
Honorable Mayor and Members of the City Commission
Grant funds appropriated by the City Commission will fund the
City's proposed yard waste recycling facility and the planned
expansion of the City of Miami Neighborhood Recycling Program,
thereby providing necessary funds for the Division of Solid
Waste's collection of recyclable materials ( newspaper, glass,
aluminum cans, and plastic bottles) from approximately 40,000
households by September 30, 1991. The second phase of said
recycling program was implemented by the Division of Solid Waste
on November 26, 1990 and currently provides recycling collection
services to 30,000 homes.
The legislation is provided as an emergency on the grounds of the
'City's -need to effectuate the timely investment of grant funds
within 'the• parameters imposed by the grant agreement and to
thereby demonstrate the City's good faith effort in compliance
with the statutory mandate. Immediate funding is necessary to
purchase additional collection vehicles required to meet the high
citizen participation levels currently being experienced in the
"Miami'Recycles" residential program.
Compliance with the City's stated recycling program goals,
objectives and implementation time schedules will weigh heavily
in the FDER's evaluation of the City's grant request for FY'92.
r
iA1 4
MIAMI REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on Bath says that she Is the Vice
President of Legal Advertising of the Miami Review, a dally
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
Copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
Legal Notice
Re: Ordinance No. 10837
In the . X...... ............................... Court,
was published In said newspaper In the Issues of
March 19, 1991
Afflant further says that the said Miami Review is a
newspaper published at Miami In said Dade County, Florida,
ppand thhat the said newsp�aper has heretofore been continuously
Sa ulyday,fin Sunday, and d DoLegall Holidays) andaaaslbeen ent(except
red es second class mall matter at the goat office in Miami In said
Dade County, Florida, for a period of one year next preceding
the first publication of the attached copy of advertisement- and
afflant fu er says that she has neither paid nor promisea any
person, or corporation any discount, rebate, commission
or rat d for the purpose of securing this advertisement for
public t n in the a d newspaper.
Ong
Som a rad before me this
19th March * 91
day of ....... .. ., A.D. 19. .
p. ... .........
(SEAL) .. ..
"OFFICIAL NOTARY SEAL"
CHERYL H. MARMER
MY C0161. EXP. 4/12/92
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