HomeMy Public PortalAboutResolution No. 23-057 - Review MOU with Miami-Dade Solid WasteSponsored By: Commissioner Kelley
RESOLUTION NO. 23-057
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, DIRECTING THE INTERIM CITY
MANAGER TO REVIEW THE MEMORANDUM OF
UNDERSTANDING (MOU) WITH MIAMI-DADE COUNTY
REGARDING SOLID WASTE COLLECTION SERVICES AND
MAKE RECOMMENDATION TO THE CITY COMMISSION;
PROVIDING FOR A RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City's previous solid waste hauler discontinued its services
January 31, 2017; and
WHEREAS, the city does not possess the capacity to collect its own solid waste;
and
WHEREAS, The City and Miami Dade entered into an agreement on February 17,
2017 for residential solid waste collection services; and
WHEREAS, the initial agreement term was for a period of five (5) years and
included two (2), one (1) year options to renew; and
WHEREAS, the original memorandum of understanding is set to expire on
February 17, 2024; and
WHEREAS, the City of Opa-locka finds it in the best interest of the City to
immediately review for renegotiation of the terms and conditions of solid waste collection
services MOU to align with the City's current needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS ADOPTED.
The recitals to the preamble herein are incorporated by reference.
SECTION 2. AUTHORIZATION
The City Commission of the City of Opa-locka hereby directs the Interim City
Manager to review the Memorandum of Understanding with Miami Dade County
regarding solid waste collection services and make recommendation to the City
Resolution No. 23-057
Jo. a Flores, City Clerk
Commission for renegotiation of terms and conditions.
SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or
relettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, following review by the City Attorney, without the need
for public hearing, by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon the adoption and
is subject to the approval of the Governor or Governor's Designee.
PASSED and ADOPTED this 10th day of May, 2023.
H. Taylor, Jr., Mayor
TEST:
APPROVED AS TO FORM AND
LEGAL UFFICIENCY:
-rriadette orris -Weeks, P.A.
City Attorney
Moved by: Commissioner Williams
Seconded by: Commissioner Bass
VOTE:
5-0
Commissioner Bass YES
Commissioner Kelley YES
Commissioner Williams YES
Vice Mayor Ervin YES
Mayor Taylor YES
7
City of Opa-locka
Agenda Cover Memo
City
Darvin Williams
CM Signature:
(tij 4anager:
Commission
Meeting
Date:
05.10.2023
Item Type:
(6ntorX in box)
Resolution
Ordinance
Other
X
Fiscal
Impact:
(EnterXin box)
Yes
No
Ordinance Reading.
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(bnterX in box)
Yes
No
Yes
No
X
Funding
Source:
Account# :
(Enter Fund & Dept)
Ex;
NA
Advertising Requirement:
(EnterXin box)
Yes
No
X
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
X
Strategic
Plan Related
(EnterXin box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City image
Communication
Area:
Strategic Plan 04/Strategy:
(ilst the specific objective/strategy this
item will address)
X
IN
I•
NI
MI
MI
Sponsor
Name
Commissioner
Kelley
Department:
City Commission
Short Title:
A resolution of the City Commission of the City of Opa-locks directing the Interim City Manager to review the
Memorandum of Understanding (MOU) with Miami -Dade County regarding solid waste collection services.
Staff Summary:
History- The City's previous solid waste hauler discontinued its services January 31, 2017 and the City does
not currently possess the capacity to collect its own solid waste. On February 17, 2017, the City of Opa-locka
and Miami -Dade County entered into an agreement for residential solid waste collection services. The initial
term outlined in the agreement was for five (5) years and included two (2), one (1) year options to renew.
Current Activity- The original MOU will expire as of February 17, 2024. It is in the best interest of the City to
review and renegotiate the terms and services of the agreement to better align it with the City's current needs.
Financial Impact - There is no financial impact at this time. At such time that substantive negotiations with
the County are underway, a relevant financial impact will be developed.
Proposed Action:
Staff recommends the City Commission approve legislation directing the Interim City Manager to review the
Memorandum of Understanding (MOU) with Miami -Dade County regarding solid waste collection services and
begin preliminary discussions with County toward having a new agreement in place by February 17, 2024,
r
Memorandum of Understanding
Resolution No. 17-9325
Resolution No. 17-9313
Attachment:
Sponsored by: City Manager
RESOLUTION NO. 17-9325
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OPA-LOCKA, FLORIDA, RATIFYING THE
MEMORANDUM OF UNDERSTANDING EXECUTED BY
MIAMI-DADE COUNTY AND THE CITY OF OPA-LOCKA,
FL FOR RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission approved resolution 17-9311 directing and
authorizing the City Manager to execute a Memorandum of Understanding with
Miami -Dade County for residential solid waste collection and disposal services; and
WHEREAS, the City Manager executed the Memorandum of Understanding with
the Miami -Dade County on February 6, 2017; and
WHEREAS, the City Commission believes it is in the best interest of the City
to ratify the executed Memorandum of Understanding as attached as EXHIBIT "13,"
with Miami -Dade County for residential solid waste collection and disposal
services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION FOR THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka, Florida, hereby
ratifies the executed Memorandum of Understanding attached as EXHIBIT "B".
Section 3. This resolution shall take effect immediately upon adoption, and is
subject to final approval by the State of Florida Financial Oversight Board for
the City of Opa-locka, FL.
Resolution No. 17-9325
PASSED AND ADOPTED this S'h day of February, 2017.
Attest to:
Joakna Flores ,
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Riley:
Commissioner Pigatt:
Vice -Mayor Kelley:
Mayor Taylor:
yr Tay
Mayor
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
COMMISSIONER KELLEY
COMMISSIONER PIGATT
5-0
YES
YES
YES
YES
YES
7. The County will continue to provide a curbside recycling program. through an
interdocai agreement dated September 10, 2009.
a Naming herein is to be construed to mean that by entering into? this
Agreement that the County will refrain .from etiforrang any appikable
provisions of the Code of Mfanf-Dade countyt including provistoni of
Chapter 15 of the Code (including illegal dutfipingg enforceMent an read
tights -of -way).
9. The ,City will cease operation of their transfer sixtion prior to the execution
of this Agreement
10. The current County -annual household wast* collectionfNee.(wbiehMcludes.all
the services dieted above) 1 $439 This fee is subject to annual adjustment by
the Board of County Commisstoners.during the annual budget development.
process. The full fee_ schedule for County waste collection serous is
contained ti IiepMe ttlng Ortiee 4.68
h Y�'W ti=tni$trljdai gar►�pn/I o e asp.. BoardThe. County's: annual n houaeho d
waste. c iilection fee, as ad)u ► d b tie of anintY .Corftiissioners.
during the budget developi press' shall be referred to in arts
Memorandum of Ufiderst*n as the=°County Fee
11. Forth. current:FiscgYearIFYg01647),..the qty shalt-p;tytthe County; within
five (3) .days of the effective date .of the Pseud of County Commissioners'
resoltrdem .mm001 g tt11 memorandum of Understanding (the• "Effective
Date! i en fee; `widdtshalt btcailcalateai by apPiying:ta County P.c to
the eatintmtedhoUsellahleServedlOithtcount ►.fnihe City, proratidihnted On
the number of days xemaining in: the hail 'Yew .on the dogs• titan►• wiser
collectionservice
bei tlte.apnotnptwfli Include reasonable rAwp-up°casts.
The Coupty and the (Alvaro to adjust the fee within thirty days of the
Modem Date based on -the. number of households actually served, with each
party mina. tu. reiinl arse. the: other for sunounts over or under collected
within.tern-days of the.rrtcondastfon.
12. For the second and. subsequent F Scal Yearns, waste fee payments received by
the County Tax Collector from Opa l,ocka.residential waste customers will be
retained by the County as payment for its waste collection service based on
the County Fee. The City agrees .to collect and assess from its residents the
County Fee, and not to assess a waste fee on its residents in excess of the
County Fee. The City agrees to cooperate with the County in any way
necessary regarding this process.
13. The parties understand and agree to comply with ail applicable provisions of
Miami -Dade County Ordinance No. 96-168, including but not limited to the
provision that the County must not provide free service and must diligently
Page 2 of 4
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (MOU) dated this day of . 2017 is
between Miami -Dade County (County) and the City of Opa-Locka (City) for County
provision of residential waste collection service.
WHEREAS, the County has been informed by the City that it currently does not have a
waste hauler agreement in place, the previous waste hauler notified the City on January 31,
2017 that it will no longer provide services to the City, and that the City is unable to haul
waste itself, and
WHEREAS, out of a concern for the public health, the County has agreed to provide waste
hauler services to the City under the terms listed below.
The Agreement shall include the following material terms:
1. The initial term of this Agreement shall he five (5) years and include two (2),
one (1) year options to renew (OTRs).
2. The County will provide twice per week curbside garbage collection service
to approximately 2,900 residential customers in the City of 0pa-Locka.
3. The County will provide one (1) new 96 gallon green waste cart to be
delivered to each residential customer based on folios charged for waste
collection service. A welcome letter explaining County waste services,
including service days, how to schedule a bulky waste pickup and locations of
the nearest Trash and Recycling Centers (TRCs) will accompany the cart.
4. The County will provide twice per year scheduled bulky pickup of up to 25
cubic yards each request or a single combined pickup of SO: cubic yards;
additional bulky waste collection service is available for a charge.
5. The County will provide unlimited use of Trash & Recycling Centers for
drop-off of household generated bulky waste, including tires, mattresses and
e -waste. The TRCs closest to the City are: North Dade TRC-21500 NW 47th
Avenue and West Little River TRC-1830 NW 79th Street (All TRCs are open 7
days perweek- 7:00 am to 5:30 pm).
The County will provide unlimited use of Home Chemical Collection Centers
for drop-off of household generated chemicals and a -waste - the nearest
location is 8831 Northwest 58th Street, Dora/ The center is open from 9 am to
5 pm Wednesday through Sunday.
Page 1 of 4
enforce and collect rates, fees and other charges for service provided by the
Department of Solid Waste Management
14. The City shall indemnify and hold harmless the County and its elected
officials, officers, employees, agents and instrumenialides from any and all
liability, losses, claims or damages, including attorney's fees and costs, that
the County may incur as a result of any claims, demands suits or causes of
action of any kind or nature arising out of or related to the performance of
this Agreement by the City.
15. The County may terminate this Agreement for convenience upon 30 days'
notice to the City. In the event of such termination the City shall remain
responsible to compensate the County for all work performed by the County,
including any costs incurred by the County in preparation for any of the work
contemplated in the Agreement
16. The County may terminate this Agreement for cause if the City materially
breaches this Agreement. The County shall first provide the City with a
reasonable opportunity to cure the breach. In the event of such a breach the
City shall be liable to the County for all damages resulting from such breach.
17. This Agreement is entered into under the authority provided by Sections 2-9
and 2-10 of the Code of Miami -Dade County and is subject to approval or
ratification by the Board of County Commissioners.
Rage 3 of 4
IN WITNESS WHEREOF, Miami -Dade County and the City of Opa-locks have duly
executed this MOU as of this day and year first above written.
ATTEST:
HARVEY RUVIN
CLERK OF THE BOARD
MIAMI -DADS COUNTY; . FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
B3►: By:
Deputy Clerk Carlos .A..Gimenez
Mayor, Miami -Dade County
Approved by County Attorney
as to form and legal sufficiency.
Assistant County Attorney
ATTEST:
By:
Gi Cterk, C[ty,of Opa-locka
Approved by City Attorney
As to form and legal sufficiency
City Attorney, City of Opa-Iocka
CITY of Opa-locks.
By:
Cis Man ; ity of Opa-locka
Page 4 of 4
Sponsored by: City Manager
RESOLUTION NO. 17-9313
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OPA-LOCKA, FLORIDA, DIRECTING THE CITY
MANAGER TO ENTER INTO A MEMORANDUM OF
UNDERSTANDING WITH MIAMI-DADE COUNTY FOR
RESIDENTIAL SOLID WASTE COLLECTION AND
DISPOSAL SERVICES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the 120 -day extension to the current residential waste hauler's
agreement is set to expire on January 28, 2017; and
WHEREAS, the Miami -Dade County can provide the services at a lower
price; and
WHEREAS, the City Commission believes it is in the best interest of the City
to enter into a Memorandum of Understanding, in substantially the same form as
attached as EXHIBIT "A," with Miami -Dade County for residential solid waste
collection and disposal services; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION FOR THE CITY OF OPA LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-Locka, Florida, hereby
directs the City Manager to enter into a Memorandum of Understanding, in
substantially the same form as attached as Exhibit A, with Miami -Dade County for
residential solid waste collection and disposal services within 15 days from the date
of the adoption of this resolution.
Section 3. This resolution shall take effect immediately upon adoption.
Resolution No. 17-9313
PASSED AND ADOPTED this 26th day of January, 2017.
Attest to:
a Flores
City Clerk
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Riley:
Commissioner Pigatt:
Vice -Mayor Kelley:
Mayor Taylor:
yrh-Taylor
Mayor
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
COMMISSIONER HOLMES
COMMISSIONER PIGATT
4-0
YES
NOT PRESENT
YES
YES
YES
Memorandum of Understanding
Provision of Miami -Dade County Waste Collection Service to the City of Opa-Locka
DRAFT TERM SHEET 012517
Page 1
Below is a preliminary term sheet containing the elements of a Memorandum of Understanding
(MOU) between Miami -Dade County (County) and the City of Opa-Locka (City) for County
provision of residential waste collection service. The final MOU will require review and approval
by the County Attorney's Office and the County. Mayor's Office.
Garbage Collection
• The County will provide twice per week curbside garbage collection service to approximately
2,900 residential customers in the City of Opa-Locka. The City's service area boundaries will
be absorbed within Area 2 of the Garbage Division working out of the 3A satellite location
(18700 NE 6th Avenue). Three (3) Semi -Automated Routes (Automated truck with driver and
waste attendant) will be created as follows: Two (2) Routes on Monday -Thursday and one
(1) Route on Tuesday -Friday (Route maps will be included as an attachment to the MOU).
• One (1) new 96 gallon green waste cart will be delivered to each residential customer based
on folios charged for waste collection service. The carts will be placed at the curbside on the
weekend prior to the first Monday of service. A welcome letter explaining County waste
services, including service days, how to schedule a bulky waste pickup and locations of the
nearest Trash and Recycling Centers (TRCs), etc. will accompany the cart.
Bulky Waste Collection
• The County will provide twice per year scheduled bulky pickup of up to 25 cubic yards each
request or a single combined pickup of 50 cubic yards; additional bulky waste collection
service is available for a charge of $23 per cubic yard with a 5 cubic yard minimum charge
of $115 per pickup.
• Unlimited use of Trash & Recycling Centers for drop-off of household generated bulky
waste, including tires, mattresses and e -waste. The TRCs closest to the City are: North
Dade TRC-21500 NW 47"' Avenue and West Little River TRC-1830 NW 79th Street (All
TRCs are open 7 days per week — 7:00 am to 5:30 pm).
Home Chemical Collection
• Unlimited use of Home Chemical Collection Centers for drop-off of household generated
chemicals and a -waste — the nearest location is 8831 Northwest 58th Street, Doral. The
center is open from 9 am to 5 pm Wednesday through Sunday.
Recycling Collection
• The City is already participating in the County's curbside recycling program through an
interlocal agreement with the County dated September 10, 2009.
Waste Collection Enforcement
• The County will provide enforcement of the provisions of Chapter 15 of the Miami -Dade
County Code (includes illegal dumping enforcement on road rights -of -way) using two (2)
dedicated enforcement officers in two (2) enforcement zones. The enforcement officers will
cover their entire zone at least once per week.
Memorandum of Understanding
Provision of Miami -Dade County Waste Collection Service to the City of Opa-Locke
DRAFT TERM SHEET 012517
Page 2
Waste Collection Cost per Household
• The current County annual household waste collection fee (which includes all the services
listed above) is $439. This fee is subject to annual adjustment by the Board of County
Commissioners during the annual budget development process. The full fee schedule for
County waste collection services is contained in Implementing Order 4-68
htto:/fwww,miamidade.aov/ao/home.asa
Payment for Waste Collection Service
• For the current Fiscal Year (FY2016-17) the City would pay a prorated amount per
household served based on the number of days remaining in the Fiscal Year on the date
County waste collection service begins. This amount would be established and paid in
advance of initiation of waste collection service.
• For the second and subsequent Fiscal Years, waste fee payments received by the County
Tax Collector from Opa-Locka residential waste customers would be retained by the County
as payment for its waste collection service based on its then current household fee rate and
any excess would be transferred to the City. The City agrees to cooperate with the County in
any way necessary to effect this change in the flow of funds.
Term of Agreement
• The initial term of this agreement would be seven (7) years to allow the County to amortize
the cost of the waste collection vehicles that will be needed to provide residential waste
collection service in the City; the Department of Solid Waste Management (DSWM) will also
hire permanent staff to provide this service on regular time. A provision for renewal terms
will be provided in the MOU.
Memorandum of Understanding
Provision of Miami -Dods County Waste Collection Service to the City of Opa-Locke
DRAFT TERM SHEET 012617
Page 1
Below is a prehminary term sheet containing the elements of a Memorandum of Understanding
(MOU) between Miami -Dade County (County) and the City of Opa-Locka (City) for County
provision of residential waste collection service. The final MOU will require review and approval
by the County Attorney's Office and the County Mayor's Office.
Garbage Collection
• The County will provide twice per week curbside garbage collection service to approximately
2,900 residential customers In the City of Opa-Locka. The City's service area boundaries will
be absorbed within Area 2 of the Garbage Division working out of the 3A satellite location
(18700 NE 6th Avenue). Three (3) Semi -Automated Routes (Automated truck with driver and
waste attendant) will be created as follows: Two (2) Routes on Monday -Thursday and one
(1) Route on Tuesday -Friday (Route maps will be included as an attachment to the MOU).
• One (1) new 96 gallon green waste cart will be delivered to each residential customer based
on folios charged for waste collection service. The carts will be placed at the curbside on the
weekend prior to the first Monday of service. A welcome letter explaining County waste
services, Including service days, how to schedule a bulky waste pickup and locations of the
nearest Trash and Recycling Centers (TRCs), etc. will accompany the cart
Bulky Waste Collection
• The County will provide twice per year scheduled bulky pickup of up to 25 cubic yards each
request or a single combined pickup of 50 cubic yards; additional bulky waste collection
service is avaitable for a charge of $23 per cubic yard with a 5 cubic yard minimum charge
of $115 per pickup.
• Unlimited use of Trash & Recycling Centers for drop.off of household generated bulky
waste, including tires, mattresses and e -waste. The TRCs closest to the City. are: North
Dade TRC-21500 NW 47"' Avenue and West Little River TRC-1830 NW 79th Street (AII
TRCs are open 7 days per week — 7:00 am to 5:30 pm).
Home Chemical Collection
• Unlimited use of Home Chemical Collection Centers for drop-off of household generated
chemicals and e -waste — the nearest location is 8831 Northwest 58th Street, Doral. The
center Is open from 9 am to 5 pm Wednesday through Sunday.
Recycling Collection
• The City is already participating in the County's curbside recycling program through an
interfocal agreement with the County dated September 10, 2009.
Waste Collection Enforcement
• The County will provide enforcement of the provisions of Chapter 15 of the Miami -Dade
County Code (includes illegal dumping enforcement on road rights -of -way) using two (2)
dedicated enforcement officers in two (2) enforcement zones. The enforcement officers will
cover their entire zone at least once per week.
Memorandum of Understanding
Provision of Miami -Dade County Waste Collection Service to the City of Opa-Locks
DRAFT TERM SHEET 01251T
Page 2
Waste Collection Cost per Household
• The current County annual household waste collection fee (which includes all the services
listed above) is $439. This fee is subject to annual adjustment by the Board of County
Commissioners during the annual budget development process. The full fee schedule for
County waste collection services is contained in implementing Order 468
httoJiwww.miamidade.00vfa4(home.asrt .
Payment for Waste Collection Service
• For the current Fiscal Year (FY2016-17) the City would pay a prorated amount per
household served based on the number of days remaining in the Fiscal Year an the date
County waste collection service begins. This amount would be established and paid in
advance of initiation of waste collection service.
• For the second and subsequent Fiscal Years, waste fee payments received by the County
Tax Collector from Opa-Locka residential waste customers would be retained by the County
as payment for its waste collection service based on its then current household fee rate and
any excess would be transferred to the City. The City agrees to cooperate with the County in
any way necessary to effect this change In the flow of funds.
Term of Agreement
• The initial term of this agreement would be seven (7) years to allow the County to amortize
the cost of the waste collection vehicles that will be needed to provide residential waste
collection service in the City; the Department of Solid Waste Management (DSWM) will also
hire permanent staff to provide this service on regular time. A provision for renewal terms
will be provided in the MOU.