HomeMy Public PortalAbout15-8998 Issue an RFP for Solid Waste Disposal Sponsored by: City Manager
RESOLUTION NO. 15-8998
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO AUTHORIZE THE CITY
MANAGER TO ISSUE AN RFP FOR SOLID WASTE DISPOSAL
SERVICES; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, on September 30th, 2015, the City Interlocal agreement between the City of
Opa-locka and Miami-Dade County for Solid Waste Disposal Services expires; and
WHEREAS,the FY 2014-2015 disposal rate increased to $66.34 per ton; and
WHEREAS, it is in the best interests of the City of Opa-locka to obtain the best rate and
most efficient disposal services; and
WHEREAS, the City Commission desires to have the City Manager issue an RFP to
obtain the best disposal rate and services.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF 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 hereby authorizes the City
Manager to issue an RFP for Solid Waste Disposal Services;
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27th day of May, 2015.
YRA TAYLOR
MAYOR
Resolution No. 15-8998
Attest to: Approved as to form and legal sufficiency:
IL
Jo.f na Flores Vincent T. Brown, Esq.
Ci y Clerk BROWN LAW GROUP, LLC
City Attorney
Moved by: COMMISSIONER PINDER
Seconded by: COMMISSIONER KELLEY
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
OqP-t OCk4
01
�O�PORA't tO,9.
City of Opa-Locka
Agenda Cover Memo
Commission Meeting 05/27/2015 Item Type: R Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2ila Reading
(Enter X in box) Yes No (Enter X in box)
Public Hearing: Yes No Yes No
(Enter X in box)
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
(Enter Acct No.) 34-534431 (Enter X in box)
Budgeted
Contract/P.O.Required: Yes RFP/RFQ/Bid#:
(Enter Xin box) N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) specific objective/strategy this item will address)
Enhance Organizational (]
Bus.&Economic Dev 0
Public Safety
Quality of Education 0
Qual.of Life&City Image
Communcation
Sponsor Name City Manager Department: City Manager
Short Tile:
Issue RFP for Solid Waste Disposal Services
Staff Summary:
The City's 20-year interlocal agreement with Miami Dade County for solid waste disposal service expires
September 30, 2015. The FY 2014-2015 disposal rate increased to $66.34 per ton. There may be opportunities
for savings utilizing a competitive process.
Proposed Action:
Approval
Attachment:
(1) Disposal Fee rate for FY 2014-2015 notification letter
(2) Interlocal Agreement that expires September 30, 2015
(3) Resolution 95-5596
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Memorandum
TO: Mayor Myra L. Taylor
Vice-Mayor Timothy olmes
Commissioner Josepi elley
Commissioner Teren, Pinder
Commissioner uis '• antiag
FROM: Kelvin Baker, Sr. , City Mana L•
DATE: May 8, 2015
RE: Resolution: Authorization to Issue RFP for Solid Waste Disposal
Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING
THE CITY MANAGER TO ISSUE AN RFP FOR SOLID WASTE DISPOSAL
SERVICES
Description: The City's 20-year interlocal agreement with Miami Dade County for solid waste
disposal service expires September 30, 2015. The FY 2014-2015 disposal rate increased
to $66.34 per ton. There may be opportunities for savings utilizing a competitive
process.
Financial Impact: Possible savings
Implementation Timeline: Advertise immediately to enter into an agreement prior to October 1, 2015
Legislative History: Resolution 95-5596
Recommendation(s): Staff recommends approval.
Attachments: (1)Disposal Fee rate for FY 2014-2015 notification letter
(2)Interlocal Agreement that expires September 30, 2015
(3)Resolution 95-5596
PREPARED BY: Faye Douglas, Budget Administrator
Public Works and Waste Management
2525 NW 62nd Street•Suite 5100
MIAMIOAD Miami, Florida 33147
COUNTY T 305-514-6666
111 NW 1st Street•Suite 1610
miamidade.gov Miami, Florida 33128
T 305-375-2960
July 31, 2014
Joanna Flores, City Clerk
o
City of Opa-Locka c.
780 Fisherman Street c, —.0
4th Floor r—c
Opa-Locka, FL 33054 s �o
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Re: Contract Disposal Fee and Transfer Fee for Fiscal Year 2014-15 0._
Dear Ms. Flores:
This is to inform you that the Consumer Price Index (CPI) has been released by the
Bureau of Labor Statistics of the Federal Department of Labor.
Article 3, Subsection D: Disposal and Transfer Fees of the Interlocal Agreement
between your municipality and the Miami-Dade County Public Works and Waste
Management Department(PWWM)states that Disposal Fees and Transfer Fees may be
increased or decreased for inflation or deflation relative to increases or decreases in the
U.S. Government Consumer Price Index for All Urban Consumers for the Southeast
Region of the United States (CPI)for the prior period of July 1 through June 30.
Pursuant to the above agreement, the contract disposal fee is proposed to increase from
$64.85 per ton to $66.34 per ton; the contract transfer fee is proposed to increase from
$12.75 per ton to $13.04 per ton. These fees represent a CPI calculated at 2.3 percent.
The Miami-Dade County Board of County Commissioners will vote in September, and if
approved, the increase will take effect on October 1, 2014.
PWWM is committed to delivering excellence every day and looks forward to continue
serving your waste disposal and collection needs. Should you have any questions or
concerns, please contact Ms. Aneisha Daniel, Assistant Director, Administration at 305-
375-2162 or visit our website at www.miamidade.aov/Dublicworks.
Sincerely,
a T. Hudak
puty Mayor and Interim Director
Attachments
c: Paul Mauriello, Deputy Director, Operations, PWWM
Maria Sanchez, Controller, PWWM
100/-Kevin L. Baker, Sr., City Manager
Page 1 /-/4-95'
fi
INTERLOCAL AGREEMENT BETWEEN METROPOLITAN DADE COUNTY AND
CONTRACT CITIES FOR CITY USE OF THE COUNTY SOLID WASTE
MANAGEMENT SYSTEM
This, Interlocal Agreement ("Agreement") is made and entered into this /4- day of
1995, by and between Metropolitan Dade County by and through
Co ty Commissioners("County") and those municipalities whose names its Board ",
attached hereto and made part hereof; their successors and assigns, appear referred "A s
Contract Cities, to provide for use of the Co �� hereinafter referred to as
Contract Cities for their Solid Waste disposal and transfer Solid Waste Management System by
BACKGROUND RECITALS
Whereas, the Metropolitan Dade County Board of County Commissioners(the "Board")
hereby finds and declares that it is necessary to the health, safety and welfare of the citizens of
Dade County to provide for Solid Waste disposal and management facilities and services; and
Whereas, the County desires to maximize the use of its Resources Recovery facility
processes and to extend the life of its landfills; and
Whereas, the Contract Cities desire to use the County Solid Waste Management
System for their Solid Waste disposal needs(and transfer needs, as applicable), at an agreed-upon
Disposal Fee rate(and Transfer Fee rate as applicable);and
Whereas, the Contract Cities desire to reestablish or continue their reliance on the
County Solid Waste Management System to satisfy Concurrency requirements of the Local
Government Comprehensive Planning and Land Development Regulation Act(Chapter 163, Part
II, F.S.) only as it applies to Solid Waste disposal capacity for the Solid Waste which each
Contract City collects for disposal, or that which is collected for it by third parties under
contract with the Contract City for disposal, and which is committed to the County for disposal
in the County Solid Waste Management System in accordance with this Agreement, and actually
disposed of therein; and
Whereas, the County and the Contract Cities desire to formalize their relationship
regarding Solid Waste disposal responsibilities consistent with the provisions of Section 403.706,
Florida Statutes.
NOW THEREFORE, in consideration of the foregoing premises, and the mutual
considerations contained herein, the parties hereto, intending to be legally bound, do hereby agree
as follows:
DEFINITIONS
For the purposes of this Agreement, the following capitalized words and phrases shall be given
the following respective meanings:
•
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V
Board -the Metropolitan Dade County Board of County Commissioners.
Change in Law- after the date of execution of this Agreement, (a)the adoption, promulgation,
issuance, modification, or change in interpretation of any federal, state or local law, regulation,
rule,,-requirement, ruling or ordinance, of the United States or any state or territory thereof; unless
(i) such law, regulation, rule, requirement, ruling or ordinance was on or prior to such date duly
adopted, promulgated, issued or otherwise officially modified or changed in interpretation, in each
case in final form, to become effective without any fiuther action by any governmental entity or
official having jurisdiction, (provided, that it shall not constitute a Change in Law if an
administrative regulation existed on the date of execution of this Agreement in temporary or
proposed form and was treated as generally applicable to transactions of the type contemplated
hereby), or (ii) compliance with such law, regulation, rule requirement, ruling or ordinance was
provided for in the Agreement; (b)the issuance of an order and/or judgment of any governmental
entity or official having jurisdiction, to the extent such order and/or judgment constitutes a
reversal of a prior applicable order and/or judgment, or an overturning of prior administrative
policy or judicial precedent; or (c) the suspension, termination, interruption or failure of renewal
of any permit, license, consent, authorization or approval essential to the acquisition, design, .
construction, equipping, start-up, operation, ownership or possession of the County Solid Waste
Management System facilities or the facilities sites, to the extent such suspension, termination,
interruption or failure of renewal is not caused by any action or inaction of the County or its
contractors (provided that, for the purposes of determining whether a suspension, termination,
interruption or failure of renewal was so caused, any reason or finding set forth in writing by the
agency responsible for issuance of such permit, license, consent, authorization or approval shall
be accorded the rebuttal presumption of accuracy), provided that no change in tax law, change to
the Internal Revenue Code of 1954 effected by the Tax Reform Act of 1986 (to the extent
applicable on the date of this Agreement), change in foreign law, Change In Law which adversely
affects the County's legal rights as a licensee, grantee, owner, or user of any patent or other
"know-how" in respect of proprietary technology intended to be utilized by it in performing its
obligations under this Agreement shall constitute a change in law for any purposes of this
Agreement.
Concurrency - provision of certain public facilities specified in the State of Florida Local
Government Comprehensive Planning and Land Development Regulation Act ("the Act")
(specifically, Chapter 163, Part II, Section 163.3180 F.S.)by(a) county (ies), or (a) municipality
(ies) or a combination thereof; at a specified level-of-service stated in the Capital Improvements
Element of the comprehensive plan for the applicable jurisdiction(s), adopted pursuant to the Act.
Contract City (ies) - the municipal corporation or corporations existing under the laws of the
State of Florida, that enter into this Agreement with the County and whose names appear in
Exhibit "A" to this Agreement. For the purpose of this Agreement, the unincorporated areas of
Dade County, as delineated in Exhibit "D", shall be considered a Contract City.
County - Metropolitan Dade County, Florida by and through its Board of County
Commissioners.
Page 3
County Disposal Fee - the fee charged to dispose of Solid Waste at County-owned Solid Waste
disposal facilities or facilities operated under contract with the County for Solid Waste disposal.
County Solid Waste Management System - The
facilities owned by or operated under contract with aggregate County which oshall`inc include the North
Dade Landfill, South Dade Landfill, Resources Recovery Facility, Waste Management of Florida,
Inc. Landfill in the City of Medley, Florida, Northeast Transfer Station, Central Transfer Station,
West Transfer Station, and other such facilities as may be added to or deleted from this listing
from time to time, by the County Manager at his sole discretion. Such additions or deletions may
be made by use of an attachment hereto without need for formal amendment to this Agreement.
Director-the Director of the Department of Solid Waste Management or his/her designee.
Exclusive Franchise or License - (a) contract(s) between a Contract City and a (limited
number of)third party contractor(s)for the right and privilege to collect Solid Waste from either
residential units or commercial establishments, or both residential units and commercial
establishments, within (a) designated service area(s) under the terms of which the contractor(s)
pay(s)the Contract City a fee.
Fiscal Year - the period beginning October 1 of each year and ending September 30 of the
subsequent year.
Force Majeure - an act of God, epidemic, lightning,
earthquake, fire, explosion, storm,
hurricane, flood or similar occurrence, strike, and act of a public enemy, or blockade, insurrection,
riot, general arrest or restraint of government and people, civil disturbance or similar occurrence,
which has had or may reasonably be expected to have a material adverse effect on the rights or
obligations under this Agreement, which by the exercise of due diligence the party relying
thereon as justification for not performing any obligation under this Agreement shall not have
been able to avoid, and which is not the result of a willful or negligent action or omission of such
ply
Municipal Solid Waste (MSW) or Solid Waste or Waste - all discarded materials or
substances, exclusive of Source-Separated Recyclable Materials, which each Contract City
collects for disposal, or that which is collected for it by third parties under contract with the
Contract City for disposal, including, but not limited to, garbage, trash, litter, refuse, rubbish,
ashes, incinerator residue, recycling process residue, or other materials allowed by the State
Department of Environmental Protection for disposal in a Class I landfill which result from
domestic, commercial, industrial, mining, agricultural or governmental activities, but not including
sewage or other highly-diluted, water-carried materials or substances, or those in gaseous form.
Non-Exclusive Franchise or License - a regulatory program under which an unlimited number
of Solid Waste haulers are given the right and privilege to collect Waste from either residential
units or commercial establishments, or both residential units and commercial establishments,
under the terms of which each hauler pays the Contract City a fee.
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J
Short-Term Disposal - delivery of Solid Waste to the County Solid Waste Management System
for disposal without having a minimum ten(10)year Waste disposal agreement with the County.
Short-Term Disposal Fee(s)-the fee(s) paid by private haulers or municipalities for Short-Term
Disposal of Solid Waste in the County Solid Waste Management System.
Source-Separated Recyclable Materials - materials separated from MSW at their source of
generation which are set-out for collection at their source of generation. Such materials shall be
limited to: clean yard trash, newspapers, telephone books, household batteries, glass containers,
plastic containers, steel cans, aluminum cans, and other Source-Separated Recyclable Materials as
may be added to this listing from time to time by the County Manager, at his sole discretion; such
additions may be made by use of an attachment hereto without need for formal amendment to
this Agreement.
Transfer Fee -the fee charged to transfer Solid Waste from County Solid Waste Management
System transfer stations to County Solid Waste Management System disposal facilities.
ARTICLE 1
CONSTRUCTION OF INTERLOCAL AGREEMENT
The word "shall" as used in this Agreement shall in all cases be construed to be mandatory and
to require the action so modified by the word "shall" to be taken without regard to the exercise of
discretion.
ARTICLE 2
RESPONSIBILITIES OF THE COUNTY
A. Provision of Disposal Capacity. The County shall provide MSW disposal capacity (and
transfer, as applicable) for the Solid Waste which each Contract City collects for disposal, or
that which is collected for it by third parties under contract with the Contract City for disposal,
and which is committed to the County for disposal in the County Solid Waste Management
System in accordance with this Agreement. The provision of Solid Waste disposal services under
this Agreement shall comply with all applicable state and federal laws.
B. Disposal Capacity for Concurrency. The County shall maintain sufficient MSW disposal
capacity in the County Solid Waste Management System to comply with Concurrency
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act(Chapter 163, Part 11, F.S.) only as it applies to Solid Waste disposal capacity for
the Solid Waste which each Contract City collects for disposal, or that which is collected for it
by third parties under contract with the Contract City for disposal, and which is committed to
the County for disposal in the County Solid Waste Management System in accordance with this
Agreement, and actually disposed of therein.
C. Standardization of Agreement. The terms of this Agreement shall be substantially the same
for all Contract Cities.
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ARTICLE 3
RESPONSIBILITIES OF THE CONTRACT CITIES
A. Delivery of MSW to County. Each Contract City shall deliver all the MSW it collects for
disposal, or cause delivery of that MSW which is collected for it by third parties under contract
with the Contract City for disposal, excluding Source-Separated Recyclable Materials, to (a)
County Solid Waste Management System facility(ies), at Disposal Fee rates as specified herein.
Contract Cities which have entered into Solid Waste disposal agreements with third party
contractors prior to July 28, 1995, the terms of which extend into the term of this Agreement for
a portion of Fiscal Year 1995-96, are not obligated to deliver Solid Waste to the County for that
portion of Fiscal Year 1995-96 covered by the third party agreements, copies of which are
incorporated herein as Exhibit "C". Such Contract Cities shall otherwise adhere to all terms of
this Agreement. Area(s) of unincorporated Dade County, as delineated in Exhibit "D", which
incorporate subsequent to the date of this Agreement shall comply with all terms of this
Agreement, unless expressly relieved from doing so by resolution of the Board.
The Director may identify particular facilities to which each Contract City shall deliver its Waste.
Any Contract City may deliver its Waste to a County transfer facility if the applicable Transfer
Fee is paid to the County. At no time during the term of this Agreement shall any Contract
City be required to deliver MSW to a County transfer facility unless the County Disposal Fee is
the same at all County Solid Waste Management System facilities. No Contract City ball be
directed to deliver its Waste to a disposal facility which is farther from that Contract City's
boundaries than the closest county-owned disposal facility. No Contract City shall be directed to
deliver its Waste to a transfer facility which is farther from that Contract City's boundaries than
the closest county-owned transfer facility. In no case shall a Contract City be required to deliver
its Waste to a County Solid Waste Management System facility which is farther than twenty(20)
miles from that Contract City's nearest boundary in order to take full advantage of it rights
under this Agreement.
B. Use of Other Facilities Prohibited. Each Contract City shall not deliver any MSW it
collects for disposal, or cause or suffer delivery of that MSW which is collected for it by third
parties under contract with the Contract City for disposal, excluding Source-Separated
Recyclable Materials,- to a Solid Waste disposal or transfer facility other than a County Solid
Waste Management System facility for the term of this Agreement. No Contract City shall
deliver any MSW it collects, or cause or suffer delivery of that MSW which is collected for it by
third parties under contract with the Contract City for disposal, other than Source-Separated
Recyclable Materials, to a materials recovery or recycling facility for the term of this Agreement.
C. Hauler Contracts. Each Contract City shall include in any contracts with Solid Waste
haulers, or amendments to such contracts, which it executes, renews or extends after the date of
this Agreement, a provision that all Solid Waste collected for the Contract City shall be
delivered to a specified County Solid Waste Management System facility for disposal. This
provision shall apply to Exclusive Franchise or License agreements with Solid Waste haulers.
This provision shall not apply to a Non-Exclusive Franchise or License to haul Solid Waste.
I r
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D. Disposal and Transfer Fees. Each Contract City shall pay a Disposal Fee (and a Transfer
Fee, as applicable) for each ton of MSW delivered to the County Solid Waste Management
System for disposal. Each Contract City shall pay a maximum Disposal Fee of forty-five dollars
($45.00) per ton to the County for disposal of MSW delivered to County Solid Waste
Management System facilities for Fiscal Years 1995-96, 1996-97, and 1997-98. This Disposal Fee
shall be established by separate administrative order, which shall not become effective until
approved by the Board. As applicable, each Contract City shall pay a maximum Transfer Fee of
nine dollars($9.00)per ton to the County for transfer of MSW delivered to County Solid Waste
Management System transfer facilities for Fiscal Years 1995-96, 1996-97, and 1997-98. This
Transfer Fee shall be established by separate administrative order, which shall not become
effective until approved by the Board. The Disposal Fee and Transfer Fee may be increased or
decreased for inflation or deflation beginning on October 1, 1998, and on the first day of each
Fiscal Year thereafter, relative to increases or decreases in the U.S. Government Consumer Price
Index for All Urban Consumers for the Southeast Region of the United States(CPI) for the prior
period of July 1 through June 30. Such CPI increases or decreases shall be capped at five percent
(5%) per year for the term of this Agreement. In the event that the actual CPI increase or
decrease exceeds the five percent(5%) cap in a given Fiscal Year, the amount of CPI increase or
decrease above or below the five percent (5%) cap shall be applied to CPI increases or decreases •
in future years when the CPI increase or decrease is less than five percent(5%). The Disposal Fee
and Transfer Fee shall not otherwise increase, unless as required by Change in Law, as defined
herein, which may occur at any time during the term of this Agreement. The County shall notify
each Contract City of proposed Disposal Fee and Transfer Fee adjustments on the basis of
Change In Law. The Disposal Fee or Transfer Fee increase based on Change in Law shall fully
compensate the County for its increased costs. Each Contract City shall pay prevailing disposal
fees for Waste materials for which the County charges other than the County Disposal Fee for the
entire term of this Agreement, including, without limitation, tires, asbestos, construction and
demolition debris, and clean yard trash, if provided to the County for disposal.
E. Terms of Payment. The County shall invoice the Contract Cities for Disposal Fees, based
on County weighing records, by means of First Class U.S. Mail, within five (5) days of the last
day of each month, commencing in the first month after the effective date of this Agreement, and
continuing monthly thereafter for the term of this Agreement. In accordance with Section
218.74(2), Florida Statutes, as amended from time to time, payment of Disposal Fees owed to
the County shall be due from, and payment shall be made by, each Contract City forty-five(45)
days from the date of receipt of the County's monthly invoice.
F. Dispute On Invoicing. In the event of a dispute on invoicing, the Contract City shall first
pay the full amount of the disputed charges when due and shall, within thirty (30) days from the
date of receipt of the disputed invoice, give written notice of the disputed invoice to the County.
The notice of dispute shall identify the disputed invoice, state the amount in dispute and set forth
a full statement of grounds on which such dispute is based. The County Manager or his designee
shall confer with the Contract City and the County Manager or his designee shall resolve the
dispute not later than sixty (60) days after the date upon which the disputed invoice was received.
Should a Contract City disagree with the determination of the County Manager or his designee,
it may pursue any remedy at law except withholding payment.
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ARTICLE 4
WEIGHING RECORDS
The County shall cause all County Solid Waste Management System facilities to operate and
maintain motor truck scales calibrated to the accuracy required by Florida law and to weigh all
vehicles delivering MSW. Each vehicle delivering MSW from a Contract City, or its contract
hauler, shall have its tare weight and cubic yard capacity and coicuously
displayed on the exterior of the vehicle. The County or its contractor emay, from tim to time,
require revalidation of the tare weight of any vehicle. Each Contract City shall provide the
County with information about each private hauler delivering MSW on its behalf to include:
name and address, make, body type and motor vehicle registration number of each vehicle used
for such purpose. All such haulers shall have and maintain a valid County Solid Waste hauler
permit in accordance with Section 15-17 of the Code of Metropolitan Dade County, as amended
from time to time.
The County will supply each Contract City with monthly weighing records as may be
reasonably required by the Contract City to administer its Waste collection program. Copies of
all transaction tickets will be maintained by the County for at least two (2)are inoperable or are being tested, the facility o ( ) years. If weighing
operator shall estimate the quantity of MSW
delivered using a schedule of estimated Waste material weights in accordance with Section 15-25,
Subsections (b) and (d) of the Metropolitan Dade County Code, as amended from time to time.
The estimates shall take the place of actual weighing records, when the scales are not operational.
The County shall use reasonable efforts to maintain the scales in an operable condition.
ARTICLE 5
SHORT-TERM DISPOSAL
The Contract Cities agree that the County Solid Waste Management System may accept MSW
on a Short-Term Disposal basis from private or municipal haulers, so long as the capacity to
receive Solid Waste delivered on behalf of any Contract City is not impaired, and provided that
such haulers shall pay (a) Short-Term Disposal Fee(s) of at least ten percent (10%) above that
charged to Contract Cites. The (a) Short-Term Disposal Fee(s) shall be established by separate
administrative order, which shall not become effective until approved by the Board. All Disposal
Fee revenues generated pursuant to this Agreement shall be used to pay County Solid Waste
Management System costs. This provision shall not inhibit the County from entering into
agreements with private haulers for delivery of Waste to County disposal facilities (with the
exception of agreements for delivery of Waste collected by (a) private hauler(s) under contract
with any municipality that is not a party to this Agreement, which shall be prohibited), the
minimum duration of which shall be ten (10) years, provided that the County shall not offer (a)
Disposal Fee(s) less than that agreed to herein by the Contract Cities to any private hauler for
the term of this Agreement.
Page 8
ARTICLE 6
RELATIONSHIPS OF THE PARTIES
Nothing in this Agreement shall be deemed to constitute any party a partner, agent or local
repr,Psentative of the other party or to create any type of fiduciary responsibility of any kind
whatsoever between the parties. The obligations to this Agreement are not joint; the obligations
are separate and several between each of the Contract Cities and County.
ARTICLE 7
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.
ARTICLE 8
DURATION OF AGREEMENT
The term of MSW deliveries by each Contract City to the County under this Agreement shall •
commence with the date of execution and shall remain in effect up to and including October 1,
2015. The Agreement shall be executed and approved by resolution of each Contract City's
governing body on or before September 30, 1995, unless a standard letter of intent to enter into
this Agreement is received by the County before October 1, 1995, in which case, the
Agreement shall be executed and approved by resolution of each Contract City's governing
body on or before December 1, 1995, and shall become effective upon execution by the County.
A copy of the resolution of approval shall be transmitted to the County Manager within five (5)
days following the date of each Contract City's approval.
ARTICLE 9
AGREEMENT GOVERNS;ENTIRE AGREEMENT
This Agreement shall govern and supersede any other Interlocal agreement between the
Contract Cities and the County with regard to use of the County Solid Waste Management
System. This writing embodies the entire Agreement and understanding between the parties
hereto, and there are no other agreements or understandings, oral or written with reference to the
subject matter hereof that are not merged herein and superseded hereby.
ARTICLE 10
REPRESENTATIONS OF THE COUNTY
The County represents that (A) this Agreement has been duly authorized, executed and
delivered by the Board of County Commissioners as the governing body of the County, and (B)
it has the required power and authority to perform this Agreement.
Page 9
ARTICLE 11
REPRESENTATIONS OF THE CONTRACT CITIES
Each Contract City represents that (A) this Agreement has been duly authorized, executed and
delivered by the Governing Body of the Contract City, and (B) it has the required power and
authority to perform this Agreement.
ARTICLE 12
APPROVALS AND NOTICES
All notices, consents and other communications required, permitted or otherwise delivered under
this Agreement shall be in writing and be delivered either by hand with proof of delivery or
mailed by first class United States certified or registered mail, with return receipt requested,
postage prepaid, and in any case shall be addressed as provided in Exhibit "B", attached hereto
and made part hereof.
Changes in the respective addresses of Contract Cities provided in Exhibit "B" and of County
provided on the signature page may be made from time to time by either party by notice to the
other party. Notices and consents given by mail in accordance with this section shall be deemed to
have been given five (5) business days after the day of dispatch, notices and consents given by
any other means shall be deemed to have been given when received.
ARTICLE 13
AMENDMENT TO AGREEMENT
This Agreement may be modified, altered or amended only by a written amendment duly
executed by the parties hereto, and approved by the governing body of each party. Any oral
representations or modifications concerning this Agreement shall be of no force or effect.
ARTICLE 14
•
NON-ASSIGNMENT
In no case shall a Contract City assign, transfer, convey or otherwise hypothecate any interest,
rights, duties, or obligations hereunder, or any part thereof. In the event a Contract City
attempts to assign, transfer, convey or otherwise hypothecate this Agreement or the Contract
City's rights, duties or obligations hereunder, or any part thereof, the County may at its option,
terminate this Agreement with respect to that Contract City.
ARTICLE 15
RIGHTS OF OTHERS
Nothing in this Agreement, either 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.
Page 10
ARTICLE 16
WAIVER
There shall be no waiver of any right related to this Agreement unless that such waiver is 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 rights waived and shall not be deemed a waiver of the same right at a
later time, or of any other right under this Agreement.
ARTICLE 17
FORCE MAJEURE
Neither party hereto shall be liable for its failure to carry out its obligations under this Agreement
during any period when such party is rendered unable, in whole or in part, by Force Majeure to
carry out such obligations, but the obligations of the party relying on such Force Majeure shall be
suspended only during the continuance of any inability so caused and for no longer period, and
such cause shall, so far as possible, be remedied with all reasonable dispatch. It is further agreed
and stipulated that the right of any party hereto to excuse its failure to perform by reason of •
Force Majeure shall be conditioned upon such party giving, to the other party, written notice of
its assertion that a Force Majeure delay has commenced within five (5) working days after such
commencement. If there exists good cause for failure to give such notice, such failure shall not
prejudice any party's right to justify any non-performance as caused by Force Majeure, unless the
failure to give timely notice causes material prejudice to the other party.
ARTICLE 18
COUNTY EVENT OF DEFAULT
The failure by the County to substantially fulfill any of its material obligations in accordance with
this Agreement, unless excuses are justified by Force Majeure, shall constitute a "County event
of default". If a County event of default should occur, the affected Contract City(ies) shall have
all of the following rights and remedies which each may exercise singly or in combination: 1. the
right to declare that this Agreement as it applies to the Contract City(ies) together with all
rights granted to the County hereunder are terminated, effective upon such date as is designated
by the Contract City(ies); 2. any and all other rights provided under federal laws and the laws
of the State of Florida. 3. in any event, the County shall maintain responsibility for any debts
owed to each Contract City for services provided under the terms of this Agreement.
Notwithstanding any other provision of this article, the Contract City(ies) shall not terminate this
Agreement for a "County event of default" unless the Contract City(ies) first give(s) the
County written notice of intent to terminate specifying the alleged default, and providing the
County a period of sixty(60) days from receipt of notice within which to cure such default.
Page 11
ARTICLE 19
CONTRACT CITY EVENT OF DEFAULT
Without limitation, the failure by a Contract City to substantially fulfill any of its material
obligations in accordance with this Agreement, unless excuses are justified by Force
shall constitute a "Contract City event of default". If a Contract City event of default
occur, the County shall have all of the following rights and remedies which it may exercise
singly or in combination: 1. the right to declare that all rights� granted to the Contract City
hereunder are terminated, effective upon such date as is designated by the County; 2. any and
all rights provided under federal laws and the laws of the State of Florida. 3. in any event, the
Contract City shall maintain responsibility for any debts owed to the County for services
provided under the terms of this Agreement. Notwithstanding any other provision of this article,
the County shall not terminate this Agreement for a "City event of default" unless the County
first gives the Contract City written notice of intent to terminate specifying the alleged default,
and providing the Contract City a period of sixty (60) days from receipt of notice within which
to cure such default.
ARTICLE 20
FLORIDA LAW GOVERNS, VENUE IN DADE COUNTY, FLORIDA
This Agreement, regardless of where executed, shall be governed by and construed according to
the laws of the State of Florida, and venue shall be in Dade County, Florida.
ARTICLE 21
TERMINATION
This Agreement may be terminated upon mutual consent, in writing, between any Contract City
and the County .
ARTICLE 22
COUNTERPARTS
This Agreement may be executed in one or more counterpart(s), each of which shall be deemed
an original.
ARTICLE 23
INVALIDITY OF PROVISIONS
Should any provision, paragraph, sentence, word or phrase contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida, such provision, paragraph, sentence, word or phrase shall
be deemed modified to the extent necessary in order to conform with such laws, and this
Agreement shall remain in full force and effect.
Page 12
IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this
Agreement to be executed in its name by the County Manager or his 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 Contract Cities named in Exhibit "A", have
caused this Agreement to be executed in theirs names by the Manager of each Contract City or
his designee, attested by the Clerk of each Contract City's governing body and has caused the
seal of each Contract City's governing body to be hereto attached, all on the day and year first
written above.
METROPOLITAN DADE COUNTY,
FLORIDA,BY ITS BOARD OF
Attest: COUNTY COMMISSIONERS
Harvey Ruvin,
Clerk of the Board ....do...
CO 4i By:
��`.A`` ss�"+ County Manager
By: • rowv l Metropolitan Dade County Florida
Ty
s e uty Clerk •a �;'~- � r! 111 N.W. 1st Street, 29th Floor
�v N`�t��� Miami,FL 33128
* *,a
On9j?aOSQ�L�i
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY BY:
Dade County Attorney's Office
Mr. Henry N. Gillman, Assistant County Attorney
111 N.W. 1st Street, 27th Floor
Miami,FL 33128
Assistant County Attorney
Page 13
CONTRACT CITY
WITNESS:
y
Name of Contr ct City
c424-1 614 16 rifit.L.- /
on
ATTEST: By:
Contract City
Aux (Dr Contract City Clerk "t—daY° = �7 �►D�-� 1995.
[corporate seal]
'P' VED O FORM:
/____Aar.
I
sistant Contract City Attorney •
L
I F_
RESOLUTION NO. 95-5596
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN INTERLOCAL
SOLID WASTE DISPOSAL AGREEMENT BETWEEN THE
CITY OF OPA-LOCKA AND METROPOLITAN DADE COUNTY
SOLID WASTE MANAGEMENT.
Whereas; the Metropolitan Dade County Board of County
Commissioners hereby finds and declares that it is necessary to
the health, safety and welfare of the citizens of Dade County to
provide for Solid Waste disposal and management facilities and
services; and
Whereas; the County desires to maximize the use of its Resources
Recovery facility processes and to extend the life of its
landfills; and
Whereas; the City of Opa-locka desires to use the County Solid
Waste Management System for their Solid Waste disposal needs at
an agreed upon disposal fee rate; and
Whereas; the city of Opa-locka desire to reestablish or continue
their reliance on the County Solid Waste management System to
satisfy concurrency requirements of the local government
comprehensive planning and land development regulation act
(chapter 163, part II F.S.) only as it applies to Solid Waste
disposal capacity for the solid waste which the city of opa-locka
collects for disposal, or that which is collected for it by third
parties under contract with the city of opa-locka for disposal,
and which is committed to the county for disposal in the county
solid waste management system in accordance with this agreement,
and actually disposed therein; and
Whereas, the County and the City of Opa-locka desire to formalize
their relationship regarding solid waste disposal
responsibilities consistent with the provision of Section
403.706, Florida Statutes.
NOW, THEREFORE, the City Commission of the City of Opa-locka
hereby resolves:
Section 1: That the City of Opa-locka will enter into a
interlocal agreement with Metropolitan Dade County and Contract
Cities for city use of the county solid waste management system.
PASSED AND ADOPTED THIS '7 day ofc--y,� Qi>> l -i 1995.
,.. —4W4111W 1
__ ," �
. � . -
Ma .1
Attest:
.(-- 7,1"
tz,triJ _ --
City C er< <i
•#/=D AS TO BO AND
S, -ICI-; C
4
••••
)
AA . La I rim I MIR.
i ,,�jJ ii orney
Date:
•
Comaisaion Vote: 5-0
Moved by VICE MAYOR HOLMES
Seconded by COMMISSIONER LI PKINS
Commissioner Miller: YES
Commissioner Lipkins: YES
Vice Mayor Holmes: YES
Commissioner Barrett: YES
Mayor Ingram: YES
1, - e ./ 1'-J-131eify City Clerk of the City of
- ocka, Dade Cnunty, Florida.do hereby certify that h'
is a true and correct copy of . )l.s /5"- -TI.4.
as shown ;n 7%.c::, ci citiia3 records of 0e City ui Opa-locka,
Dade County, Eton:; .
Given unaer my hand and �a1-this c day of
aJR,A ; ee:4ti
Deputy City Clerk
J c' ,Lai
____,, /next. , --- )
�� c
1
}
MEMORANDUM
To: Kay Sullivan,Director Date: October 10, 1995
Clerk of the Board Division
I. From: Dennis I. Carter Subject: Interlocal Agreement
iAssi tant County Manager
//e
Transmitted herewith is one executed original and one copy of an Interlocal Agreement with the
City of Opa-Locka for use of the County Solid Waste System pursuant to Resolution
No.R 1198-95 approved by the Board of County Commission on September 14, 1995, under
agenda item No. 5(a)22.
Please return the copy of the set to the City of Opa-Locka for their files, and retain the original
1
set for your records.
Attachments(2)
cc: Kathie Brooks