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HomeMy WebLinkAboutsecond interlocal agreement• age I. • • • • • • • . • • SECOND INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE '•' COUNTY AND THE CITY OF MIAMI PROVIDIIN'G FOR SUSPENSION OR • TERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND TRE, •. COUNTY PURSUANT TO THE' INTERLOCAL AGRE ENT WE BETEN THEM FOR USE OF THE COUNTY SOLID WASTE MANAGEMENT SYSTEM BASED . .. •UPQN OCCURRENCE OF.A "CONDITION SUBSEQUENT" . .... • Thi seco d Interlocal Agreement ("Agreement") is made and entered into this day of 1995, by and between Metropolitan Dade County by and throughi6Board of C my Commissioners ("County") and the City of M ami ("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 Bedminsters 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 ManagementSystem; and Whereas, it is in the best interests of both the City and the County to enter into said Agreement taking into consideration the City's stated position with respect to its contract with Bedminster. NOW THEREFORE, in consideration of the foregoing premises, and the mutual considerations contained herein, the parties hereto, intending to be legally bound, do hereby agree as follows: 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 - al%cr 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, ul�•, requirement, ruling or ordinance. of the 1 lnitedf tiratcs 0t' ,Inv stag• car territory thereon. unlr'a • • r age 3 (i) such law, regulation, rule, requirement, Ming 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 art administrative regulation existed on the date of execution of this Agreement in temporary or proposed form and was treated,ag.genera ly,applicable to transactions of the type .contemplated hereby), or (ii) compliance with such law, regulation, rule requirement, ruling or ordinance was provided for in the Agreement; (b) the issuance of an order and/or judgment of any governmental • entity or official• having jurisdiction, to the extent such order —and/or judgment constitutes a reversal of a prior applicable order and/or judgment, or an overturning of prior administrative policy or judicial precedent; or (c) the suspension, termination, interruption or failure of renewal of any permit, license, consent, authorization or approval essential to the acquisition, design, construction, equipping, start-up, operation, ownership or possession of the County Solid Waste Management System facilities or the facilities sites, to the extent such suspension, termination, interruption or failure of renewal is not caused by any action or inaction of the County or its contractors (provided that, for the purposes of determining whether a suspension, termination, interruption or failure of renewal was so caused, any reason or finding set forth in writing by the agency responsible for issuance of such permit, license, consent, authorization or approval shall be accorded the rebuttal presumption of accuracy), provided that no change in tax law, change to the Internal Revenue Code of 1954 effected by the Tax Reform Act of 1986• (to the extent applicable on the date of this Agreement), change in foreign law, Change In Law which adversely affects the County's legal rights as a licensee, grantee, owner, or user of any patent or other "know-how" in respect of proprietary technology intended to be utilized by it in performing its obligations under this Agreement shall constitute a change in .law for any purposes of this Agreement. Contract City (ies) - the municipal corporation or corporations existing under the laws of the State of Florida, that enter into an Agreement with the County for use of the County Solid Waste Management System whose names appear in Exhibit "B" to this Agreement. For the purpose of this Agreement, the unincorporated areas of Dade County, as delineated in Exhibit "C", shall be considered a Contract City. County - Metropolitan Dade County, Florida by and through its Board of County Commissioners. County Disposal Fee - the fee charged to dispose of Solid Waste at county -owned Solid Waste disposal facilities or facilities operated under contract with the County for Solid Waste disposal. County Solid Waste Management System - The aggregate of those Solid Waste management facilities owned by or operated under contract with Dade County, which shall include the North Dade Landfill. South Dade Landfill, Resources Recovery Facility, Waste Management of Florida, Inc. Landfill in the City of Medley, Florida, Northeast Transfer Station. Central Transfer Station, West Transfer Station, and other such facilities as may be added to or deleted from this listing from time to time, by the County Manager at his sole discretion Such additions or deletions may be made by use of an attachment hetet() without need Ibr formal amendment to this Al.;rccmcrlt • ge4 • • ,, • 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 residerttjal 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 Fi:cal Year - the period beginning October 1 of each year and ending September 30 of the subsequent year. Municipal Solid Waste (MSW) or Solid Waste or Waste - all discarded materials or substances exclusive of Source -Separated Recyclable Materials, which the City collects for disposal, or that which is collected for it by third parties under contract with the City for disposal, including, but not limited to, garbage, trash, litter, refuse, rubbish, ashes, incinerator residue, recycling process residue, or other materials allowed by the State Department of Environmental Protection for disposal in a Class I landfill which result from domestic, commercial, industrial, mining, agricultural or governmental activities, but not including sewage or other highly -diluted,• water -carried materials or substances, or those in gaseous form. Non -Exclusive Franchise or License = a regulatory program under which an unlimited number of Solid Waste haulers are given the right and privilege to collect Waste from either residential units or commercial establishments, or both residential units and commercial establishments, under the terms of which each hauler pays the City a fee. Source -Separated Recyclable Materials - materials separated from MSW at their source -of generation which are set -out for collection at their source of generation. Such materials shall be limited to: clean yard trash, newspapers, telephone books, household batteries, glass containers, plastic containers, steel cans, aluminum cans, and other Source -Separated Recyclable Materials as may be added to this listing from time to time by the County Manager, at his sole discretion; such additions may be made by use of an attachment hereto without need for formal amendment to this Agreement. ARTICLE 1 CONSTRUCTION -OF INTERLOCAL AGREEMENT The word "shall" as used in this Agreement shall in all cases be construed to be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. • 4 ge5 A RTICLE PROVIDXNG FOR SUSPENSION OR. TERMINATION OF THE RIGHTS AND OBLIGATIONS OF THE CITY AND THE COUNTY PURSUANT TO THE INTERLOCAL AGREEMENTJ3ETWEEN THEM FOR USE OF THE COUNTY SOLED WASTE MANAGEMENT SYSTEM BASED UPON OCCURRENCE OF A "CONDITION SUBSEQUENT" A. Determination of Occurrence of a "Conditior'L Subsequent", In the event the City . begins to deliver, the, Waste it collets for disposal, or that which is collected for it by third pare 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 atttrek amended , a "Condition Subsequent" shall be deemed to have occurred. e. F-. ••r L• : t ! �....l N ... `�,, .. n.. {. �. L....L ' A+ 6.4. 4 I R O A..✓ t y.r 1 C t t-r r►l.m ( /ZajO +e...r No. Cr—. 1 , tit") s. 1•-1.4+0. 4, Mja.0 a.. Ei.h b.F-7a- B. Consequences of Occurrence of a "Condition Subsequent", In the event of occurrence oft a "Condition Subsequent", the obligations and rights of the City and he County vis a vis each other pursuant to the Interlocal Agreement for use of the County Solid. Waste Management System shall be suspended for the period of time the City's Solid Waste is delivered to the Bedminster MSW Composting facility. If at any time during suspension of the City's Interlocal Agreement with the County the Bedminster facility cannot accept the total amount of Waste collected by the City for disposal, or that which is collected for it by third parties under contract . with the City for disposal, such Waste in excess of the total amount shall be delivered to the • County for disposal pursuant to the terms set forth in Articles 3 and 4. The County shall have no responsibility whatsoever for disposal of Waste once it is delivered by the City to the Bedminster facility. In the event the City ceases to deliver its waste to Bedminster the occurrence of a "Condition Subsequent" shall be deemed to no longer exist, and the rights and obligations of the City and County pursuant to their interlocal Agreement for City use of the County Solid Waste Management System shallresume and continue uninterrupted thereafter for the remaining term of the Agreement. C. he City of pensfing Occurrepce of a "Condjtion Subsequent", In the event the City plans to begin Waste deliveries to the Bedminster MSW composting facility under the terms of its contract with Bedminster, the City shall provide the County with thirty (30) days advance written notice of such planned commencement of Waste deliveries. In the event the City plans to resume deliveries of waste to the County under the terms of its interlocal agreement for use of the County Solid Waste Management System, the City shall provide the County with thirty (30) days advance written notice of such planned commencement of Waste deliveries and the approximate quantity thereof ARTICLE 3 RESPONSIBILITIES OF TKE CITY A Delivery of . '1SW to County. The City shall deliver all the MSW it collects for disposal, or cause delivery or 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 tacility(ies), at Disposal .. r•. .L..tl ,delivedts 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 .trans facility which is farther from the City's boundaries than the closest county -owned transfer facility. In no case shall' the City be required to deliver its Waste to a County Solid Waste Manageritent • System facility which is farther than twenty (20) miles from the City's nearest boundary in Order to take full advantage of it rights under this Agreement. B. Use of Other Facilities Prohibited, The City shall not deliver any MSW it collects for disposal, or cause or suffer delivery of that MSW which is collected for it by third parties under contract with the City for disposal, in excess of that amount of Waste delivered to Bedminster excluding Source -Separated Recyclable Materials, to a Solid Waste disposal or transfer facility other than a County Solid Waste Management System facility for the term of this Agreement. C. Hauler Contractp, 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 (S45.00) per ton to the County for disposal of MSW delivered to County Solid Waste Management System facilities fornd 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 (S9.00) 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 perccnt (5%) cap shall be applied to CPI increases or decreases in future years when the CPI increase or decrease is less than live percent (5%) The Disposal Fee and Transfer Fee shall not otherwise increase, unless as required by ('hangs in Law, as defined herein, which may occur at 1f1V I1flll• /lllt'1111r tJL. fr'r, i .,r fiuv A.,r•..... ,.'pit .r,•err Hr,lir,. lilt' ( Iry lll• rironoscd • .4,4166 • Page 7 increase based on Change in Law shall.fully oompensate the County for its increased. cos City shall pay prevailing disposal fees for Waste materials for which the Countyts. thh" than the County Disposal Fee for the entire term of this Agreement, including, without lies Dion .tires, asbestos, construction and demolition debris, and clean yard trash, if provided Cation. County for disposal. to�the E. hanSALEaymcni. The County shall invoice the City for Disposal Fees,b weighing records, by, means of First Class U.S. Mail, within five (5) days of the last da on Countyeach month, commencing in the first. month after the effective date of this Agreement, and day each monthly thereafter for the term of this Agreement. In accordance with Section 2I 8.74 2 Fonda Statutes, as amended from time to time, payment{ )� Florida due from, and payment of Disposal Fels owed to the County shall be shall be made by, the City forty-five (45) days from the date of receipt of the County's monthly invoice. F. DimuttrAlniaxigring. In the event of a dispute on invoicing, the City shall first a amount of the disputed chargespay the full receipt of the disputed invoice, give when ritt� nand shall, within thirty (30) days from the date of notice of dispute shall identify the isputed invoice, ate the of the ,amount in diste and set invoice to the County. The statement of grounds on which such dispute is based. The County Manager or his desi forth er ee s full with the City, and the County Manager or his designee shall resolve the dispute not later than sixty (60) days after the date upon which the disputed invoice was received. Should the City disagree with the determination of the County Manager or his designee, it ma at law except withholding payment. Y Pursue any remedy ARTICLE 4 WEIGHING RECORDS The County shall cause all County Solid Waste Management System facilities to operate and maintain motor truck scales calibrated to the accuracy required by Florida law and to weigh all City vehicles delivering MSW. Each vehicle delivering MSW from the Ci g shall have its tare weight and cubic yard oa acit > or its contract hauler, yexterior of the vehicle. The County or its contractor may, from time to timeurinly dise renalt on the dation of the tare weight of any vehicle. The City shall provide the County with informationabout 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 or 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 or estimated Waste material weights in accordance with Section 15-25, Subsections (b) and (d) of the Metropolitan Dndc County Code: its amended t'r n i tirnte to lime The estimates shall take the 1�I;tcc cif actcr,rl weitltint; records, where , thl til�1�L'\ :Irf' 1Llf ,vti..,.1tr .,..I 'T't_ !•._..._... ..L..f1 ...• gc 8 • " " RELATIONSHIPS OF THE' PARTIES • f t . •. • Nothing in this Agreement shrill be'deemed 'to «.- . representative ' coiistitufe any • PAY :a •part:icc,: agent oc"focal P of the other party or to create any •type of fiduciary responsibility of any land .Whatsoever betw,eert.the parties... . . , . • . • • • • . FIEADINOS . • • • • Captions and headings in this Agreement are !br ease of reference only and do not constitute a part of this Agreement and shall not affiect the meaning or interpretation of any provisions herein. APPROVALS AND NOTICES Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, by registered or certified United States mail, with return receipt requested, to the following address: To County: Metropolitan Dade CountyPlorida 111 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 Mamie FL 33166 Attn.: Department Director Phone: (305) 594-1520 Dade County Attorney's Office 111 N.W. i 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 Attn City Manager ..y • , • • AGREEMENT GOVERNS; ENTIRE AGREEMENT ' • • • This Agreement shall govern and supersede any other Interlocai'agreem'ept betWded the City7uid ' ' 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 dulyauthorized, rized. executed and delivered by the Board of Canny Commissioners as the governing body of the County, and (B) it has the required power and authority to perform this Agreement. ARTICLE 1Q REPRESENTATIONS OF TEE CITY The City represents that (A) this Agreement has been duly authorized, executed and delivered by the Governing Body of the City, and (B) it has the required power and authority to perform this Agreement ARTICLE I 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 ,hnv part thaw!' In the event the City attempts to assign. 10 • . • 1•• r' __ tiro•yr. •.•..w... • •. • • r• - _ lions hereunder, . or ply . part •thcreo& the . Coun • Agreement. h'•Y at. its option, .. terminate. this • •ARTICJ,E 14 RIGHTS OF OTHERS •P plied�is uitened �to confer upon inp `• .. . Agreem t�etther teas or tm yh�ecson other•. than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE15 WAIVER There shall be no waive( of any right related to this anent unless that such waiver is in writing ,ned by the party waiving such right. No delay or l3tilure to exercise a right under this �Peu' such right or shall be construed to be a waiver thereof Any waiver shall be limited to the particular rights waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. ARTICLE 16 FLORIDA LAW GOVERNS; VENUE IN DADE COUNTY, FLORIDA theThis Agreement, regardless of where executed, shall be goveined by and construed according to Laws of the State of Florida, and venue shall be in Dade County,•Florida. ARTICLJ 17, . TERMINATION This Agreement may be terminated upon mutual consent in writing by all parties to this Agreement. ARTICLE 1$ COUNTERPARTS This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original. ARTICLE 19 INVALIDITY OF PROVISIONS Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, and this Agreement shall remain in full force and cli'cct. • • • .• ••••...•• .•t. • No. •• • •• N• ••• • • • • •a••• • .. •N. .I WITNESS .• REOf. Metropolitan, Dade. county, :.F1pd4. has .Cased • • • Agreement to .be executed In its. name by •the County Manager or hisdesiee, guested. • the Clerk of the Board of County Commissioners and has caused the seal •em of the Board of by Commissioners to behereto attached; and the City of Miami, Florida has caused this Agreement • to be executed in its acne by the Manager of the City or his designee, attested by the Clerk of the City's Council and ha *sed the deal of the ` Yea- writ('en abo'va • .. ove • o ba attach all ... ' iuiid fiat g .. y t • , o • • on t • e da METROPOLITAN DADE COUNTX••••••... FLORIDA, BY ITS BOARD OFF;• .CQ ."�;4 COUNTY COMMISSIONERS • ',v+•:? ;► `:- •i01, z i.:.•ThiTy Z• By: 414;004, 0 '4, Airni • County Manager Sr••..,......�•f Attest: Harvey Ruvin, Clerk of the Board Attest: Clerk•• :. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: CrryOFinaw. FLORIDA, BY 1TS COUNCIL By: City Manager •1 MB- 33 • • • • • • j • • •• • • • RESOLUTION NO. OND R.39 ,A RESOLUTION TNORIzxj4' AUTHE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AMENDED AND RESTATED mutton., , mot .CLARIF=ES :.AID ... AMENDS .. THE. EXISTING AGREEMENT cTHB "AGREEMENT") , IN A FORM ACCEPTABLE! TO THE CITY ATTORNEY, BETWEEN . THE .CITY OF MIAMI, AyD ,ragMINST$R .. SBACOR SERVICES MIAMI CORPORATION, THEREBY AMENDING CERTAIN TERMS AND CONDITIONS SET FORTS IN THE AGREEMENT CONCERNING THE DISPOSAL AT BEDMINSTER'S FACILITY OF MUNICIPAL SOLID WASTE MATERIALS COLLECTED IN AND BY THE CITY OF MIAMI a.a . , . ,.,. WHEREAS, the City desires to amend certain terms and conditions of an existing agreement with Bedminster Seacor' Services Miami Corporation concerning the disposal of stolid waste materials collected in and by the City of Miami; NOW THEREFORE, BB IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAIMI, FLORIDA: Section 1. The recitals and findings contained in 'the Preamble to this' Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized'' to negotiate and execute an Amended and Restated Agreement 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. Cl2T COted?SS1ON MEET1H OF \JOY • 1 • rifying .and: amending -the. exirting.agreenseat- Athe *Agreement:*) ,. . form acceptable to the City Attorney, between the City iami axed 8e dminstir .. , of SeacorServices Miami Corporation .{ "Bedmineter!11•... thereby. a mending.certain...texma and.conditians .set... . forth in the Agreement concerning the disposal. at • Bedminster la facility of mkinidipa] solid. waste .• ' : • materials collected in and -by. the City of Miami. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this I4th . dAy' of 'September FINANCIAL AND BUDGETARY REVIEW: MANOHAR s.SURANA ASSISTANT CITY MANAGER PREPARED AND APPROVED BY: g5? L O• DAB DEPUTY CITY ATTORNE APPROVED AS TO F RM AND CORRBCrNBSS: , 1995. MAYOR r W324:ROD:BSS F'R I 1 3. : 03 •1 • ., CITY 0�, M1AMI., FLOA�GA INTER.OFFICE MEMORANDUM. •... ..Honorable Mayor and. Members of- City Commission OATS • Cesa • City 8ramP:lra3TIQH suaJECv : .SEP-8.I995 • Bedminster• .Seacor • •.• Services Miami Corp. REFERENCES : Agreement ENCLOSURES: It is respectfully recommended that the City Commissi on authorize the City Manager to negotiate and execute char d es to the Bedminster Seacor Services Miami Coro October 29, 1993 and amended October 20 ion 19Ag94 in n ad form acceptable to the City Attorney and reflecting the terms set forth in the attached resolution. BACAORQUEU There is a need to change certain elements of the above referenced agreement for the composting by the City of Miami to reflect °f solid Waste collected disposal market and issues related to thepending the solid lacte agreements with Metropolitan Dade County for the' ue of rtheir disposal facilities until such time as the Bedminster facili ty becomes operational. Specifically, we must protect the city b reduction in the tonnage required to be disposed providing for citya at the Bedminster facility due to the redbucttion n the overall tannage which our last tonnagewyear of service has indicated. Additionally, we are reducing the tipping fee which we will pay Bedminster based upon the reduction in the County's fees as reflected in the proposed inter].ocal agreements. All references to the County's Solid Waste Taxing District are being eliminated. The final change is an adjustment to the Consumer Price Index (CPI) schedule originally agreed upon. These amendments to the Bedminster Seacor Services Agreement with the City of Miami will allow us to continue our disposal activities with Dade County until Bedminster's facility comes on line and afterwards to insure that the cost of' disposing of our materials is competitive with Metro Dade County's.