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HomeMy WebLinkAboutEXHIBITINTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND THE CITY OF NORTH MIAMI FOR THE DISPOSAL OF CLEAN YARD TRASH This Interfocal Agreement ("Agreement") is made and entered into this day of 2010, by and between the City of Miami ("Miami"), a Florida municipal corporation, and the City of North Miami ("North Miami"), a Florida municipal corporation to provide for use of the Miami Virginia Key Compost/Mulch facility for their disposal of clean yard trash. Miami and North Miami shall collectively be referred to as the "Parties". RECITALS WHEREAS, the City of Miami and the City of North Miami hereby find and declare that it is necessary to the health, safety and welfare of the citizens of Miami and North Miami to provide for the disposal of clean yard trash; and WHEREAS, both municipalities are a party to the Miami -Dade County inter -local agreement for disposal of municipal Compost/Mulch; and WHEREAS, source separated recyclable materials are an exclusion to the Miami -Dade County inter -local agreement; and WHEREAS, source separated recyclable materials is defined to include clean yard trash as defined herein; and WHEREAS, Miami has a permit to operate its Virginia Key Mulch/Compost Facility; and WHEREAS, the City of Miami desires to maximize the use of its Virginia Key Compost/Mulch Facility; and WHEREAS, the City of North Miami desires to use the Miami Virginia Key Compost/Mulch Facility for their disposal needs at an agreed-upon disposal fee rate; and NOW THEREFORE, in consideration of the mutual terms and conditions set forth herein and other good and valuable consideration, the Parties hereto agree as follows: DEFINITIONS For the purposes of this Agreement, the following capitalized words and phrases shall be given the following respective meanings: 69W _d7&01__q?D Change in Law — after the date of execution of this Agreement, (a) the adoption, promulgation, issuance, modification, or change in interpretation of any relevant federal, state, or local law, regulation, rule, requirement, ruling or ordinance, of the United States or any state or territory thereof; (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 Virginia Key Compost/Mulch Facility, to the extent such suspension, termination, interruption or failure of renewal is not caused by any action or inaction of the City of Miami. City Disposal Fee — the fee charged to dispose of Clean Yard Trash at the Virginia Key Compost/Mulch facility. Clean Yard Trash — Yard trash free of other forms of Solid Waste. Fiscal Year — the period beginning October 1 of each year and ending September 30 of the subsequentyear. Virginia Key Compost/Mulch Facility — the City of Miami Department of Solid Waste facility located at 3951 Rickenbacker Causeway. Municipal Solid Waste — all discarded materials or substances, exclusive of Source -Separated Recyclable materials, which include garbage, trash, litter, hazardous waste, construction and demolition debris, industrial waste, or other discarded material, including solid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. Source -Separated -Recyclable-Materials _ mate ria Is- separated_ from_municip_a1_:s_o1.id-_waste-at their source of generation which is set -out for collection at their source of generation which shall include clean yard trash. Yard Trash - vegetative matter resulting from landscaping and land clearing operations. ARTICLE I RESPONSIBILITY OF THE CITY OF MIAMI A. Miami shall provide North Miami disposal capacity at the Virginia Key Compost/Mulch Facility for the Clean Yard Trash that North Miami collects for disposal, or that is collected for it by third parties under contract with North Miami for disposal. Page 2 of 7 B. Miami shall make free mulch and compost available to North Miami at the Virginia Key Compost/Mulch Facility. ARTICLE it RESPONSIBILITY OF NORTH MIAMI A. With the execption of Christmas, North Miami may deliver, Monday through Friday between the hours of 9:00 a.m. and 3:30 p.m. the Clean Yard Trash it collects for disposal, or cause delivery of that Clean Yard Trash which is collected for it by third parties under contract with North Miami for disposal to the Virginia Key Compost/Mulch Facility at the Disposal Fee as specified herein. B. Disposal Fee. North Miami shall pay a Disposal Fee for each ton of Clean Yard Trash delivered to the Virginia Key Compost/Mulch Facility for disposal. North Miami shall pay a maximum Disposal Fee of forty dollars ($40.00) per ton to the City of Miami. The Disposal Fee may be increased for inflation beginning on October 1, 2012, and on the first day of each Fiscal Year thereafter, relative to increases 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 shall be capped at three percent (3%) per year for the term of this Agreement. The Disposal 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 City of Miami shall notify North Miami of proposed Disposal Fee adjustments on the basis of Change in Law. The Disposal Fee increase based on Change in Law shall fully compensate the City of Miami for its increased costs. C. Terms of Payment. The City of Miami shall invoice North Miami for Disposal Fees, based on City of Miami 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 - the-Agreement;—and continuing -monthly thereafter for the term of this Agreement. Disposal Fees owed to the City of Miami shall be due from, and payment shall be made by North Miami twenty-five (25) days from the date of receipt of the City of Miami's monthly invoice. D. Dispute on Invoicing. In the event of a dispute on invoicing, North Miami 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 City of Miami. The notice or 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 Miami City Manager or his/her designee shall resolve the dispute not later than sixty (60) days after the date upon which the disputed invoice was received. Page 3 of 7 Should North Miami disagree with the determination of the Miami City Manager or his/her designee, it may pursue any remedy at law except withholding payment. ARTICLE III WEIGHING RECORDS The City of Miami shall operate and maintain motor truck scales at the Virginia Key Compost/Mulch Facility to the accuracy required by Florida law and to weigh all vehicles delivering Clean Yard Trash. Each vehicle delivering Clean Yard Trash from North Miami, or its contract hauler, shall have its tare weight and cubic yard capacity permanently and conspicuously displayed on the exterior of the vehicle. The City of Miami may, from time to time, require revalidation of the tare weight of any vehicle. North Miami shall provide the City of Miami with information about each private hauler delivering Clean Yard Trash on its behalf to include: name and address, make, body type and motor vehicle registration number or each vehicle used for such purpose. The City of Miami will supply North Miami with monthly weighing records as may be reasonably required by North Miami to administer its waste collection program. Copies of all transactions tickets will be maintained by the City of Miami for at least two (2) years. If weighing scales are inoperable or are being tested, the facility operator shall estimate the quantity of Clean Yard Trash delivered by using an average weight for North Miami vehicles from the prior month. The estimates shall take the place of actual weighing records, when the scales are not operational. The City of Miami shall use reasonable efforts to maintain the scales in an operable condition. ARTICLE IV DISCLAIMER OF WARRANTIES It is understood by both Parties that mulch and/or compost will be provided by Miami "as -is." MIAMi disclaims all warranties, expressed or implied, as to the condition, quality, or fitness of the mulch and compost, including, but not limited to warranties of merchantability or fitness for a particular purpose. ARTICLE V TERM OF THE AGREEMENT The initial term of this Agreement shall be for three (3) years commencing on the date of execution and shall remain in effect up to and including October 1, 2013. Following the initial term, North Miami shall have two (2) options to renew the Agreement on a year by year basis, subject to the availability and appropriation of funds. North Miami shall deliver written notice of its intent to exercise this option to the City of Miami no later than sixty (60) days prior to the ending date of the Agreement. Page 4 of 7 ARTICLE VI AMENDMENTS OR MODIFICATIONS OF THIS AGREEMENT it is anticipated by the Parties that the terms and conditions of this agreement will be periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all Parties to this Agreement. ARTICLE VII NOTICES All notices, demands, correspondence and communications between the City of Miami and North Miami shall be deemed sufficiently given under the terms of the Agreement when dispatched by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: To City of Miami: To City of North Miami: City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 City Attorney City of Miami 444 SW 2nd Avenue Miami, Florida 33130 City Manager City of North Miami 776 NE 125TH Street North Miami, Florida 33161 City Attorney City of North Miami 776 NE 125TH Street North Miami, Florida 33161 ARTICLE VIII BINDING EFFECT This Agreement shall be binding upon and enforceable against any successors of each respective party, including but not limited to, successive City Managers and City Commissioners. Page 5 of 7 ARTICLE IX INTENT TO BE LEGALLY BOUND By signing this Agreement, the Parties hereto confirm and state that they have carefully read the Agreement, that they know the contents thereof, that they fully expect to carry out each and every provision, and that they intend to be legally bound by the rights and obligations set forth herein. ARTICLE X HEADINGS The headings for each paragraph in this Agreement are for the purposes of reference only and shall not limit or otherwise affect the meaning of any provision. ARTICLE XI RIGHT TO TERMINATE AGREEMENT The Parties shall have the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days written notice to the other Party. ARTICLE XII COMPLETE AGREEMENT This document shall represent the complete agreement of the Parties. IN WITNESS WHEREOF, the Parties hereto execute this Agreement, and they affirm that they have the power to do so on behalf of the City and the County. ATTEST: By: PRISCILLA A. THOMPSON, City Clerk CITY OF MIAMI, FLORIDA a Florida municipal corporation By: CARLOS A. MIGOYA City Manager Page 6 of 7 Approved as to form and correctness: Risk Management: By: By: JULIE 0. BRU GARY RESHEFSKY City Attorney Interim Director ATTEST: CITY OF NORTH MIAMI, FLORIDA a Florida municipal corporation By: By: ALIX DESULME RUSSELL BENFORD City Clerk City Manager Approved as to form and correctness: Bv: V. LYNN WHITFIELD City Attorney Page 7 of 7