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HomeMy WebLinkAboutExhibit 1INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI AND MIAMI SHORES VILLAGE FOR THE DISPOSAL OF CLEAN YARD TRASH This Interlocal Agreement ("Agreement") is made and entered into this day of , 2011, by and between the City of Miami (the "City of Miami"), a Florida municipal . corporation, and Miami Shores Village ("Miami Shores"), a Florida municipal corporation, to provide for use of the Miami Virginia Key Solid Waste facility for theirdisposal of clean yard trash. RECITALS WHEREAS, the City of Miami and Miami Shores hereby find and declare that it is necessary to the health, safety and welfare of the citizens of Miami and Miami Shores 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 solid waste; 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, the City of Miami desires to maximize the use of its Virginia Key Solid Waste Facility; and WHEREAS. Miami Shores desires_to_use.Jhe_Miami_V_irginiaKey Sid Waste Facility for their disposal needs at an agreed -upon disposal fee rate; and WHEREAS, in accordance with the Florida Interlocal Cooperation Act of 1969, as amended, Florida Statutes, Section 163.01, (1) the Miami Shores Village Council has authorized this Agreement on June 7, 2011 as indicated in their minutes attached hereto and incorporated hereby as Exhibit A, and (2) pursuant to Resolution No. 11- , the Miami City Commission has authorized this Agreement on , 2011 attached hereto and made a part hereof as Exhibit B; and NOW, THEREFORE, in consideration of the mutual terms and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: DEF1IN11 IONS For the purposes of this Agreement, the following words and phrases shall be given the following respective meanings: 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 Solid Waste 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 Solid Waste 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 subsequent year. Virginia 'Key Solid Waste Facility — the City of Miami Department of Solid Waste facility located at 3851 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 govemmentaLoperations. Source -Separated Recyclable Materials — materials separated from municipal solid 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, tree trimming, or land clearing operations. ARTICLE I RESPONSIBILITY OF THE CITY OF MIAMI A. Miami shall provide Miami Shores disposal capacity at the Virginia Key Solid Waste Facility for the Clean Yard Trash that Miami Shores collects for disposal, or that is collected for it by third parties under contract with Miami Shores for disposal. B. Miami shall make free mulch and compost available to Miami Shores at the Virginia key Solid Waste Facility. ARTICLE II RESPONSIBILITY OF MIAMI SHORES A. •Miami Shores shall deliver 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 Miami Shores for disposal, to the Virginia Key Solid Waste Facility at the City Disposal Fee as specified herein. B. City Disposal Fee. Miami Shores shall pay a City Disposal Fee for each ton of Clean Yard Trash delivered to the Virginia Key Solid Waste Facility for disposal. Miami Shores shall pay a maximum City Disposal Fee of forty dollars ($40.00) per ton to the City of Miami. , The City 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 five percent (5%) per year for the term of this Agreement. The City 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 promptly notify Miami Shores of proposed City Disposal Fee adjustments on the basis of Change in Law. The City Disposal Fee increased based on Change in Law shall fully compensate the City of Miami for its increased costs resulting from any Change in Law. C. Terms of Payment. The City of Miami shall invoice Miami Shores for City Disposal Fees, based on the City of Miami's 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 term of this Agreement. City Disposal Fees owed to the City of Miami shall be due from, and payment shall be made by Miami Shores twenty-five (25) days from the date of receipt of the C-iitty of Miami's monk invnire D. DispntP on Invoicing. In the event of a dispute on invoicing, Miami Shores shall give written notice of the disputed invoice to the City of Miami within thirty (30) days from the date of receipt of the disputed invoice. 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 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. Should Miami Shores disagree with the determination of the Miami City Manager or his/her designee, both parties may pursue any remedy at law for the disputed invoice. ARTICLE III WEIGHING RECORDS The City of Miami shall operate and maintain motor truck scales at the Virginia Key Solid Waste Facility to the accuracy required by Florida law and to weigh all vehicles delivering Clean Yard Trash. Each vehicle delivering Clean Yard Trash from Miami Shores, 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. Miami Shores 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 Miarni will supply Miami Shores with monthly weighing records as may be reasonably required by Miami Shores to administer its waste collection program. Copies of all transaction tickets will be maintained by the City of Miami for at least two (2) years. If weighing scales are inoperable or are being tesfril, the facility operator shall estimate the quantity of Clean Yard Trash delivered by using an average weight for Miami Shores 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 the City of Miami "as -is". The City of 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 at least three (3) years commencing on the date of execution and shall remain in effect up to and including October 1, 2015. Following the initial term, Miami Shores shall have up to two (2) options to renew the Agreement on a year by year basis-subjecto t availability and-appFepr-nation-of-f tads—Miami-Shores-shal-l--deliver itten notice of its intent to exercise each option to the City of Miami no later than sixty (60) days prior to the ending date of the Agreement. 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 VIII NOTICES All notices, demands, correspondence and communications between the City of Miami and Miami Shores 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 the City of Miami: City Manager City of Miami 3500.Pan American Drive Miami, FL 33133 To Miarni Shores Village: City Attorney City of Miami 444 S.W. 2Thd Avenue, 9th Floor Miami, FL 33130 Village Manager Miami Shores Village 10050 N.E. 2°l Avenue Miami Shores, FL 33138 Village Attorney Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores, FL 33138 ARTICLE VIII BINDING EFFEC This Agreement shall be binding upon and enforceable against any successors of each respective party, including but not limited to, successive City/Village Managers and City Commissioners/Village Council Members. ARTix INTENT TO BE LEGALLY BOUND By signing this Agreement, the parties hereto confirm and state that they have carefully read the Agreement, that they )mow 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 obligationsset 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 problem. ARTICLE XI RIGHT TO TERMINA 1'E AGREEMENT The Parties shall have the right to terminate this Agreement at any time with or without cause, upon sixty (60) days advance written notice to the other Party. ARTICLE XII COMPLETE AGREEMENT This document shall represent the complete agreement of the parties on this subject matter. 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 of Miami and the Miami Shores. Al1'EST: CITY OF MIAAII, FLORIDA A Florida municipal corporation By: By: PRISCILLA A. THOMPSON, JOHNNY MARTINEZ City Clerk City Manager Approved as to form and correctness: Approved as to Insurance Requirements: By: By: JULIE O. BRU CALVIN ET IS City Attorney Director, Risk Management Al LEST: MIAMI SHORES VILLAGE, FLORIDA A Florida municipal corporation By: By: BARBARA A. ESTEP, MMC TOM BENTON Village Clerk Village Manager Approved as to form and correctness: By: RICHARD SARAFAN Village Attorney Exhibit A- Miami Shores Village Council Authorization of June 7, 2011 Exhibit B -Miami City Commission Resolution No. 11- adopted , 2011 Exhibit C -Miami Shores Village Insurance Information — Tt Exhibit D -City of Miami Self Insurance Letter —To cz`'.`" dC .,- �5`�, Council Minutes - 06/07/11 MIAMI SHORES VILLAGE REGULAR COUNCIL MEETING The Miami Shores Village Council held their regularly scheduled meeting on Tuesday, June 7, 2011 in the Council Chambers of Village Hall. The meeting was called to order at 7:00 PM with the following individuals present: PRESENT: Jim McCoy Hunt Davis Al Davis Steve Loffredo Jesse Walters ALSO PRESENT: Tom Benton, Village Manager ABSENT: Richard Sarafan, Attorney Barbara Estep, Village Clerk on Vacation CONSIDERATIONS 1) VILLAGE CLERK Barbara A. Estep A) APPROVAL OF THE MAY 17, 2011 COUNCIL MEETING MINUTES. Vice Mayor Davis moved approval of the May 17, 2011 Council Meeting Minutes. Councilman Walters seconded the motion and the vote was unanimous in favor of the motion. B) APPOINTMENT OF A BOARD MEMBER TO THE LIBRARY BOARD OF TRUSTEES One (1) Vacancy Applicants: Jennifer Quinton (Seeking Reappointment) Council Members commented on the quality of the Library and its programming. Councilman Davis moved to reappoint Jennifer.Quinton to the Library Board of Trustees, Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. C) APPOINTMENT OFBOARD MEMBERS TO THE DOCTORS CHARTER SCHOOL BOARD Five (5) Vacancies — Four (4) for two years and one (1) for one year Applicants: Connie Benson Dennis Kleinman Alice Burch Herta Holly Ted Kretzschmar John Kurack Ms. Estep reviewed the names of the applicants. Mr. Kleinman and Mr. Kurack were present and spoke on their own behalf. Mayor McCoy and Councilman Davis offered comments regarding applicants who were not able to attend the meeting due to prior commitments. The voting procedure was reviewed, indicating that the Council would first vote for the four candidates appointed to two year terms and then a separate vote would be taken to appoint an applicant to the one year term available. The results of the balloting are as follows: Two Year Term Applicants Appointed One Year Term Applicant Appointed Alice Burch Herta Holly Dennis Kleinman Ted Kretzschmar Connie Benson D) CONSIDERATION OF A REQUEST FOR ENDORSEMENT OF CHILDREN'S COVENANT IN SUPPORT OF PUBLIC EDUCATION FOR OUR COMMUNITY Ms. Estep provided information to the Council regarding the request from the Miami -Dade County School Board to endorse the Children's Covenant resolution. Councilman Davis moved to approve the endorsement as requested by the School Board. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. 2) VILLAGE MANAGER Tom Benton. A) DISCUSSION AND POSSIBLE ACTION REGARDING ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MIAMI FOR CLEAN YARD TRASH DISPOSAL. Mr. Benton offered background information relative to the current solid waste agreement with Miami -Dade County as compared to the City of Miami's proposal to accept the Village's clean yard trash. The proposed change in the disposal facility would save the Village approximately $20/ton in fees. Mr. Benton indicated that awareness of the alternative disposal site came about through his research of composting. An extensive resident educational campaign will need to be conducted in order to alert residents of the -need to separate yard trash from any other household trash put out for collection. Councilman Loffredo thanked Mr. Benton and the Public Works Director, Scott Davis, for continuing to research the composting issue. Vice Mayor Davis moved to approve execution of the Interlocal Agreement with the City of Miami for clean yard trash disposal. Councilman Loffredo seconded the motion and the vote was unanimous in favor of the motion. 3) ANNOUNCEMENTS Ms. Estep read the announcements into the record. 4) PUBLIC COMMENTS Gregory Hines Mr. Hines spoke of the recent Council action to allow the re -zoning of 160 N.E. 99th Street to parking; requesting the installation of a Stop Sign at NE 1st Avenue and NE 99th Street. Herta Holly Mrs. Holly spoke of the Doctors Charter School graduation ceremony. 5) COUNCIL COMMENTS Al Davis Councilman Davis spoke of the recent Memorial Day service and complimented both the speaker, Second Lieutenant Michael Sheppard and Mayor McCoy for his comments. Hunt Davis Vice Mayor Davis echoed Councilman Davis' comments regarding Memorial Day and reminded everyone that budget season is here. Jesse Walters Councilman Walters congratulated Tom Benton for his work on the trash disposal proposal and the new parking signs for N.E. 2nd Avenue. Steve Loffredo Councilman Loffredo spoke of the Memorial Day service and also spoke of the "reasonably good news from the Property Appraisers Office". Jim McCoy Mayor McCoy spoke of Memorial Day, indicating that of all the events in Miami Shores, none are more meaningful than this annual program. 6) ADJOURNMENT The Tuesday, June 7, 2011 Council Meeting was adjourned at 7:38 PM. Jim McCoy, Mayor Barbara A. Estep, MMC Village Clerk 1