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HomeMy Public PortalAbout09-7406 Curbside Recycling Program Sponsored by: City Manager RESOLUTION NO. 09-7 4 0 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OPA-LOCKA, FLORIDA,AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN INTERLOCAL AGREEMENT WITH MIAMI-DADE COUNTY FOR THE CURBSIDE RECYCLING PROGRAM, EFFECTIVE OCTOBER 1, 2008 THROUGH SEPTEMBER 30 2009 AND RENEWABLE ANNUALLY, AT A FIRST- YEAR COST OF SEVENTY FIVE THOUSAND SEVEN HUNDRED THIRTY DOLLARS ($75,730.00), PAYABLE FROM ACCOUNT NO.34-534592 WHEREAS, the City of Opa-locka ("City") has participated for the past several years in the Miami-Dade County ("County") Curbside Recycle Program; and WHEREAS, participation in the County Curbside Recycle Program has allowed the City to provide recycling services to its residents; and WHEREAS, the recycling program helps to reduce the amount of waste that is required to be transported and disposed of at landfill sites and further helps to alleviate the costs associated with increasingly sparse landfill space; and WHEREAS, the Interlocal Agreement for Curbside Recycling between the City and County expired on December 31, 2008; and WHEREAS, the County and the City desire to enter into a revised Interlocal Agreement with retroactive application from October 1, 2008 through September 30, 2009 and renewable annually, which outlines the respective duties and responsibilities of the parties under the County's Curbside Recycling Program; and WHEREAS, the City Commission of the City of Opa-locka ("City Commission") authorizes the City Manager to enter into an Interlocal Agreement between the City and County for the Curbside Recycling Program. Resolution No. 0 9—7 4 0 6 WHEREAS, the City Commission has determined that the authorization and execution of the Interlocal Agreement for Curbside Recycling is in the best interest of the citizens and residents of the City of Opa-locka. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute the attached Interlocal Agreement (Exhibit "A") between the City of Opa-locka and Miami-Dade County for the Curbside Recycling Program, with retroactive application from on October 1, 2008 through September 30, 2009 and renewable annually, at a first-year cost of Seventy Five Thousand Seven Hundred and Thirty Dollars ($75,730.00), payable from Account Number 34-534592, in a form acceptable to the City Attorney. Section 3. The City Manager is further authorized to take all necessary and expedient action to effectuate the intent of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14 day of JANUARY I i•. _voil.... .........„.. _......,J S ; ' - 4s. KELLEY 14A 4R Attest: Approved as to form and legal suf ciency: / , - e-.0X, Deborah S. i . Burnadette Norris-Weeks City Clerk City Attorney Resolution No. 0 9—7 4 0 6 Moved by: HOLMES Seconded by: JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: NOT PRESENT Vice-Mayor Taylor: YES Mayor Kelley: YES " THE GREAT CITY " Q� Ck pp, m a aA ra � sila.TAK,L..i•/4, egg:woakv AF,oRAS.- Bryan K.Finnie 305-953-2821 Interim City Manager 305-953-2823 Fax:305-953-2870 Memorandum To: Mayor Joseph L. Kelley Vice Mayor Myra Taylor Commissioner Timothy Holmes Commissioner Rose Tydus Commissioner Dorothy"Dotti " r ;' on From: Bryan K. Finnie, In y Manager Date: Janu ary 5,>2);% Re: Cur I sit'- ecycling • Request: Staff is requesting that the City of Opa-locka, City Commission approve the attached Interlocal Agreement between the City of Opa-locka and Miami-Dade County for Curbside Recycling. Said cost for the arrangement is $75,730.00. Description: Currently, the City of Opa-locka has a curbside recycling program with Miami-Dade County that is scheduled to sunset on December 31, 2008. Miami-Dade County has submitted a new agreement which will replace the existing agreement. The new agreement is renewable on an annual basis. Thus, an ability exists to change vendors in the future, if required. The terms to this new agreement have not been modified significantly, but these are areas of positive enhancement. The new arrangement will require a$75,730.00 annual payment. Additionally, the new interlocal agreement will provide each resident a new 65 gallon, blue recycling cart. Each cart will arrive with attached information about the Curbside Recycling Program and its parameters. Most importantly, these new curbside carts will improve our recycling collection process and assist Opa-locka's continued efforts to improve the visual aspects of our City. Financial Impact: The new fee associated with the interlocal agreement will provide a cost savings to the City of Opa-locka. There is no negative fiscal impact. CITY HALL• 780 FISHERMAN STREET, 4TH FLOOR, OPA-LOCKA, FLORIDA 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Curbside Recycling Page Two January 5, 2009 Implementation Time Line: January14, 2009—City Commission Approval January 19, 2009—Code Enforcement Releases of MKT Brochures January 28, 2009—Photo Opportunity for Distribution of First Cart(s) February 2, 2009 -Disbursement of New Blue Carts to Opa-locka Residents Recommendation: Staff recommends that the City of Opa-locka Board of Commissioners approve the attached Interlocal Agreement between the City of Opa-locka and Miami-Dade County. Our recommendation is based on the following: 1. The new agreement will provide annual cost savings to the City of Opa-locka 2. The positive environmental impact of the new containers as our management of recycled materials improve. 3. The visual appearance of the waste collection process in our neighborhoods will improve dramatically. BKF: am Attachments END OF MEMORANDUM INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM MUNICIPALITY: This Interlocal Agreement ("Agreement") is made and entered into this day of , by and between Miami-Dade County ("County") and ("Municipality") in order that the Municipality may be included as a portion of the COUNTY SERVICE AREA to be provided with curbside collection of recyclable materials under the terms and conditions agreed to between the County and any Contractors that the County enters into contracts with for the provision of Recycling Collection Services, Recycling Processing Services, Recycling Container Manufacturing and Delivery Services, or other Recycling Services as necessary. Section I: Definitions In all instances, terms used in this Agreement shall have the definitions as contained in any Contracts that the County enters into for the provision of Recycling Collection Services, Recycling Processing Services, Recycling Container Manufacturing and Delivery Services, or other Recycling Services as necessary ("Contracts"). Section II: County Services Area— Municipality's Portion The Municipality's portion of the entire County Services Area is designated on the attached map (Exhibit"A"), incorporated herein by reference). Section III: Agreement Governs; Entire Agreement This Agreement supersedes any previous agreements that the County and the Municipality may have previously had for recycling services. Section IV: Recycling Service Residents of single-family housing within the Municipality will be provided with curbside collection service of recyclable materials in the manner provided for in the Contracts. All residents included in the program will be responsible for preparation and placement of materials in the manner specified pursuant to the Contracts. All participating residents of the Municipality will be eligible to call the County's 3-1-1 Answer Center to receive assistance and information regarding recycling services provided to them. Collection of materials will take place on a schedule consistent with the hours and days provided for the unincorporated area. Days or hours differing from the unincorporated area collection service but coinciding with regular garbage or trash service within the Municipality (e.g., Wednesday and Saturdays) may be provided subject to negotiation and agreement with Contractor and approval by the County. Section V: Authorization/Responsibilities The Municipality hereby authorizes the County to act on its behalf in the administration of the contract for this recycling service in the areas of municipal jurisdiction. However, the Municipality will be responsible for monitoring all aspects (collection days, hours, equipment, personnel etc.) of any Contractor's performance within its jurisdiction and reporting any problems or violations to the County in order to initiate corrective action in accord with the Contracts. INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM The Municipality agrees to abide by all those terms and conditions that the County agrees to meet as contained in the Contracts except as modified herein. The Municipality agrees to provide the County with an update of additions and deletions to this list each month in a format to be specified by the County. This update shall be delivered to the County on the first day of the month. Any discrepancies between the Municipality's monthly house count and the Contractor's monthly billing allocated to the Municipality shall be reconciled through a field inspection to be performed by the County within 60 days, with any corrections to be reflected in the subsequent month's billing to the Municipality. Section VI: Payments In compensation for provision of this recycling collection service on a regular basis, the Municipality will make monthly payments to the County in an amount equal to the Monthly Fee or such other fee, as negotiated subject to approval by the County and the Municipality, times the average number of Residential Properties serviced during that month within the Municipality's portion of the entire County Service Area. This payment will not be dependent upon the number of households participating in the program, but will be a flat rate for each household. The County will charge the Municipality consisting with the costs to the residents within the unincorporated area of the County. During the first fiscal year(between October 1, 2008 and September 30, 2009) of this Interlocal Agreement, the monthly fee will be $2.47 per household per month. This fee is consistent with the cost that residents of the unincorporated area are paying for the same period. During the second fiscal year(between October 1, 2009 and September 30, 2010) of this Interlocal Agreement and annually thereafter through the final year of Agreement , the monthly fee paid by the Municipality to the County for the services to be provided will be adjusted by the percent change in the Consumer Price Index (CPI), All Urban Consumers, South Urban, All items, annual average during the previous Service Year, not to exceed three percent (3%) based on the change in such Index from October 1 through September 30 of the previous year. The source of the consumer price indices applied in the annual adjustment to the Collection Payment shall be the U. S. Bureau of Labor Statistics. Each adjustment shall be in effect for the following 12-month period. The Amount paid per Household shall be extended to all Households served based on the Household counts provided by the County in accordance with provisions of this Agreement. The Municipality shall be responsible for delivering payment for recycling collection services to the County within twenty (30) days of the date of an invoice from the County. The County shall be responsible for making the total Monthly Payment for the entire Service Area, including the Municipality's portion, to the Contractor in accord with all the Contracts. Section VII: Containers The County shall be responsible for purchase of a sufficient number of containers to provide a container to each Residential Property in the program. All containers delivered within the incorporated area shall be the property of the Miami-Dade County Recycling Program and will be printed with the County's information, not the municipality's. These containers are for the permanent use of the household to which they are delivered for the specific purpose of participation in the curbside recycling program. The containers are intended to remain with each property through the life of any contracts and/or any subsequent extensions. In the event that a unit's residents vacate the property, the containers shall remain at that location for use by INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM the subsequent residents. The Municipality shall not mark or label the containers in any fashion. Additional or"new" containers shall be placed at newly constructed and occupied Residential Properties added into the program by the County at no cost to the resident or the Municipality. Lost or stolen containers will be reported to the County and will be replaced by the County within a timeframe consistent with the timeframes provided to residents of the unincorporated area. In the event that the Municipality withdraws from this Interlocal Agreement prior to the final debt payment for recycling containers, the Municipality will pay the remaining amortized cost of those containers in the Municipality within one year of withdrawal. Section VIII: Reporting The County shall send the Municipality correspondence in a manner and on a schedule mutually agreed upon by the Municipality and the County. The Municipality shall also be sent a copy of any Annual Reports required by the contracts. Staff of the Municipality will also be notified of all, and may attend any, regular meetings held with the Contractor to review performance. Section IX: Enforcement The Municipality agrees to take such steps as may reasonably be necessary to protect the County's ownership of all recyclable materials placed at curbside for collection under the terms of the Contracts, including the preparation and submission of an anti-scavenging ordinance for the Municipality. The staff of the Municipality shall propose anti-scavenging laws as agreed upon between the Municipality and the County. Unless provided otherwise by County ordinance, the Municipality shall be responsible for enforcement of this recycling program in that portion of the service area within its incorporated limits. Section X: Program Revisions Minor program adjustments affecting the entire Service Area may be made from time to time as agreed to by the County and the Contractors. Such minor adjustments could include, but would not be limited to, such items as variations in the required preparation of materials by the resident or hours of collection. In the event that such changes will require notice to the residents, the County and the Contractors shall jointly take full responsibility for providing adequate notice to all of the residents. Any major program changes having a material impact on the financial relationship among the parties or resulting in substantial variation in the amount and type of Recyclables collected shall be subject to review by the Municipality. Section XI: Liquidated Damages In the event that the Contractor fails to perform in accord with the Contract, liquidated damages will be imposed by the County as provided for in the Contracts. INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM Section XI: Service Initiation Schedule Contractor will initiate delivery of containers and pickup of Recyclable Materials to the Municipality within 60 days of execution of this Agreement. Service will commence within two weeks of receipt of each household's receipt of a container. Section XIII: Other Recycling Program Options The Municipality and the County may negotiate any other recycling options at a cost and scope agreeable to both parties. Section XIV: Default/Termination Failure of the Municipality to make payment to the County in accord with the provisions of Section VI of this Agreement shall constitute default. In the event that such default occurs, the County shall provide written notice to the Municipality concerning the nature of this default. The Municipality shall have thirty (30) days from the date of the notice in which to resolve the default, the County shall have option to terminate this agreement and/or withhold local revenue that the County distributes to the Municipality in an amount sufficient to pay for all recycling services provided to date for which the Municipality has failed to make payment. Either party may terminate this Agreement without cause by communicating the desire to do so in writing 30 days prior to the termination date. Section XV: Grant Funds The Municipality may choose to utilize any grant funding available to pay all or part of the monthly payments due to the County. Section XVI: Amendment to Agreement Except as otherwise provided for herein, this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto. Any oral representations or modifications concerning this Agreement shall be of no force or effect. Section XVII: Headings Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Section XVIII: Approvals Whenever approval of a Party is required by this Agreement, such approval shall not be unreasonably withheld. Section XIX: Performance f Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Section XX: Rights of Others Nothing in the Agreement express or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. • • INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM Section XXI: Counterparts This Agreement may be executed in one or more counterpart(s), each of which shall be deemed an original. Section XXII: Waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. Section XXIII: Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be kept and performed pursuant of this Agreement. Section XXIV: Representations of the County The County represents that (1) this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners as the governing body of the County, and (2) it has the required power and authority to perform this Agreement. Section XXV: Representations of the Municipality The Municipality represents that (1)this Agreement has been duly authorized, executed and delivered by the Board of Commissioners as the governing body of the Municipality, and (2) it has the required power and authority to perform this Agreement. Section XXVI: Approvals and Notices Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To the County: Miami-Dade County Department of Solid Waste Management 2525 NW 62nd Street, Suite 5100 Miami, Florida 33147 Attn: Department Director 305-514-6628 To the Municipality: , Florida Attn.: Section XXVII: Term The initial term of this Agreement shall begin on the date of execution of this Agreement and end within 30 days of either party requesting termination. Upon any and all renewal(s) of the nA Os r• _r w INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI-DADE COUNTY CURBSIDE RECYCLING PROGRAM Contracts in accordance with Article1 thereof, this Agreement shall automatically be extended without separate written amendment for the term(s) of any and all such renewal period(s). IN WITNESS WHEREOF, Miami-Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or this designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and the Municipality , Florida has caused this Agreement to be executed in its name by the Municipal Mayor or designee, attested by the Clerk of the Municipal Council and has caused the seal of the Council to be hereto attached, all on the day and year first written above. MIAMI-DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: Miami-Dade County: Attest: (municipality) By: By: County Clerk Municipal Clerk By: By: County Mayor or Designee Municipal Mayor or Designee APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney nwr.r_ r _sn