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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.