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 "
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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.
•
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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
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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
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