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Home My Public Portal About18-9518 Execute First Amendment to the MOU w/Miami Dade County for the Provision of Residental solid Waste Sponsored by: City Manager RESOLUTION NO. 18-9518 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING WITH MIAMI-DADE COUNTY FOR THE PROVISION OF RESIDENTIAL WASTE COLLECTION SERVICES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") and Miami-Dade County ("County") entered into a Memorandum of Understanding, executed on or about February 7, 2017 for the provision of residential waste collection services: and WHEREAS, in conformance with the City of Opa-locka's 2017-2018 Budget Book, an excerpt of which is attached hereto, the County shall, until agreed otherwise, collect and assess the County annual household waste collection fee, referred to as the County Fee, from Opa-locka residential waste customers. WHEREAS, the City Commission finds that it is in the best interest of the City to approve the First Amendment to the Memorandum of Understanding with the County. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission authorizes the City Manager to execute the First Amendment to the Memorandum of Understanding with Miami-Dade County, in a form acceptable to the City Attorney, Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re-codified copy of same with the City Clerk. RESOLUTION NO. 18-9518 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 25TH day of July, 2018. My L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: fj Joan a Flores The Brown Law Group, LLC City'Ql Jerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING The City of Opa-locka and Miami-Dade County entered into a Memorandum of Understanding, executed on or about February 7, 2017 for the provision of residential waste collection services. In conformance with the City of Opa-locka's 2017-2018 Budget Book, an excerpt of which is attached hereto, Miami-Dade County shall, until agreed otherwise, collect and assess the County annual household waste collection fee,referred to as the County Fee,from Opa-locka residential waste customers. IN WITNESS WHEREOF,Miami-Dade County and the City of Opa-locka have duly executed this First Amendment to Memorandum of Understanding as of the day of July,2018. ATTEST: HARVEY RUVIN MIAMI-DADE COUNTY,FLORIDA CLERK OF THE BOARD BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Carlos A. Gimenez Mayor,Miami-Dade County Approved by County Attorney as to form and legal sufficiency Assistant County Attorney ATTEST: CITY of Opa-locka By: By: City Clerk,City of Opa-locka City Manager, City of Opa-locka Approved by City Attorney as to form and legal sufficiency City Attorney,City of Opa-locka Solid Waste Disposal The City has contracted the collection and disposal of residential and recycling services to Miami Dade County, and commercial waste collection to Great Waste and Waste Management. As of 2017, Miami Dade County has taken over the non-ad valorem assessment process.Also,the County's residential solid waste rates are increasing by$25 dollars for fiscal year 2018. Moreover, commercial customers are billed monthly directly by the waste company and the City is paid a franchise fee from these revenues, The City continues to face many challenges In the area of illegal dumping all over the City. Provisions have been made with Code Enforcement to identify and prosecute alleged trash dumpers. Additionally, the Florida Department of Corrections Worker Program continues to assist with the collection of illegally dumped solid waste. Financial Summary35 Solid Waste Disposal FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Operations Actual Budget Budget Budget Budget Personnel Services 7,843 32,215 -- -- Operating Expenses 1,218,100 1,268,495 1,187,730 1,187,730 Non-Operating Ex. -- 199,290 17,500 473,501 -- Total $1,225,943 $1,500,000 $1,205,230 $1,661,231 $0 100% - i. „,l 75% ri Capital 50% - -' 1 Operating Expenses Personnel Services 25% Amy 7 0% i -- r 2016 Budget 2017 Revised 2018 Rec, 35 According to the Feb,2017 Memorandum.of Understanding between the City of Opa-locka and Miami Dade County,waste fee payments received by the County Tax Collector from Opa-locks residential waste customers will be retained by the County as payment for its waste collection service based on the County fee. 247 !Page MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) dated this 17 day of fi‘ , 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 be 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 Opa-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 50 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 per week- 7:00 am to 5:30 pm). 6. The County will provide unlimited use of Home Chemical Collection Centers for drop-off of household generated chemicals and e-waste - the nearest location is 8831 Northwest 58`h Street, Doral.The center is open from 9 am to 5 pm Wednesday through Sunday. Page 1 of 4 7. The County will continue to provide a curbside recycling program through an interlocal agreement dated September 10, 2009. 8. Nothing herein is to be construed to mean that by entering into this Agreement that the County will refrain from enforcing any applicable provisions of the Code of Miami-Dade County, including provisions of Chapter 15 of the Code (including illegal dumping enforcement on road rights-of-way). 9. The City will cease operation of their transfer station prior to the execution of this Agreement. 10. 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 http://www.miamidade.gov/ao/home.asp . The County's annual household waste collection fee, as adjusted by the Board of County Commissioners during the budget development process shall be referred to in this Memorandum of Understanding as the"County Fee." 11. For the current Fiscal Year (FY2016-17), the City shall pay the County, within five (5) days of the effective date of the Board of County Commissioners' resolution approving this Memorandum of Understanding (the "Effective Date"), an initial fee, which shall be calculated by applying the County Fee to the estimated households served by the County in the City, prorated based on the number of days remaining in the Fiscal Year on the date County waste collection service begins. The amount will include reasonable ramp-up costs. The County and the City agree to adjust the fee within thirty days of the Effective Date based on the number of households actually served, with each party agreeing to reimburse the other for amounts over or under collected within ten days of the reconciliation. 12. For the second and subsequent Fiscal Years, waste fee payments received by the County Tax Collector from Opa-Locka 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 all 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 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 instrumentalities 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. Page 3 of 4 'IN WITNESS WHEREOF, Miami-Dade County and the City of Opa-locka have duly executed this MOU as of this day and year first above written. ATTEST: HARVEY RUVIN _— MIAMI-DADE COUNTY, FLORIDA CLERK OF THE BOARD BY ITS BOARD OF COUNTY COMMISSIONE: : 17 AO By: By: Deputy Clerk Car os A. 'imenez �• Mayor, Miami-Dade County Approved by County Attorney as to form and legal sufficiency. Assist nt County Attorney ATTEST: CITY of Opa-locka By :� ^A By, . 4/ t .J, / C�. Cit• lerk, City of Opa-locka ► ty Mana:- ,City of Opa-locka Approved by City Attorney As to form and legal sufficiency City Attorney, City of Opa-locka Page 4 of 4