C7AK - Approve Recycling Interlocal Agreement

Resolutions - C7 AK

C7 AK A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING, IN SUBSTANTIAL FORM, THE FIRST AMENDED INTERLOCAL AGREEMENT FOR INCLUSION IN THE MIAMI DADE COUNTY CURBSIDE RECYCLING PROGRAM, BY AND BETWEEN THE CITY AND MIAMI-DADE COUNTY, FLORIDA; SAID AGREEMENT COMMENCING AS OF THE DATE OF EXECUTION OF THE AGREEMENT AND ENDING WITHIN THIRTY (30) DAYS OF EITHER PARTY REQUESTING TERMINATION; AUTHORIZING THE CITY MANAGER TO FINALIZE THE AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL AGREEMENT. Applicable Area:

COMMISSION MEMORANDUM

RECOMMENDATION

The Administration recommends approving the Resolution.

BACKGROUND/HISTORY

On November 20, 2008, the Miami-Dade County Board of County Commissioners approved a Resolution, authorizing an Interlocal Agreement between local municipalities and Miami-Dade County (County) to participate in the Residential Curbside Recycling Program.

This Interlocal Agreement impacted eleven (11) municipalities that had an agreement with the County to provide residential curbside recycling services within the previous dual-stream contract, who were interested in entering into agreements using a single-stream program. These municipalities were: El Portal, Florida City, Medley, Miami Springs, Miami Beach, North Bay Village, Opa-locka, Surfside, South Miami, Virginia Gardens, and West Miami.

The cost of the program at the time was $2.47 per household per month and increased by the Consumer Price Index (CPI) in subsequent years. This cost, which was the same paid by residents of the unincorporated area, would be passed directly to the municipalities, representing savings from the existing dual-stream program.

Over the past decade, the cost of the single-family Residential Curbside Recycling Program in Miami Beach has been absorbed by the Public Works Sanitation Fund. Please note, this does not include any multi-family accounts. The cost of the program per year citywide, has been between $210,000 to $250,000 as per the current agreement with the Miami-Dade County Solid Waste Department. In 2022, there was a substantial increase in the cost of the program, which the Sanitation Fund could no longer absorb. In 2022, the cost increased from $20,000 per month to over $35,000 per month in 2023.

This concern was discussed at the May 20, 2024, City Commission Budget Retreat. Sponsoring Commissioner Tanya K. Bhatt, made a recommendation to move the item forward to the appropriate committee and city commission meetings for discussion, with a recommendation to have the single-family Residential Curbside Recycling Program cost become a pass-through cost (passed onto the residential utility bill, separately from waste service fees), as proposed by the Public Works Department.

On June 6, 2024, the City Commission approved a referral to the Finance and Economic Resiliency Committee (FERC) sponsored by Commissioner Bhatt. On July 26, 2024, FERC Members discussed the program, concluding with a motion to move the item to the City Commission, with a favorable recommendation to have the program’s cost become a pass- through charge. On September 11, 2024, the City Commission approved the item via Resolution No. 2024-33240.

In July 2025, the City received a letter from the Miami-Dade County Department of Solid Waste Management, advising the City of a scrivener’s error made on the Recycling Interlocal Agreement (ILA) recently approved by the County. Specifically, Section XXVII was amended to remove the reference to a one hundred eighty (180) day extension, aligning it with Section XIV, which allows either party to terminate the agreement upon thirty (30) days written notice, and the removal of the reference to terminating the agreement for convenience. The proposed First Amended Interlocal Agreement is included as Attachment A.

As the new recycling contract took effect on April 1, 2025, and the agreement was still pending execution, the Department of Solid Waste Management offered the City the opportunity to utilize a revised version of the ILA that rectifies this error.

FISCAL IMPACT STATEMENT No fiscal impact.

Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY)

If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/

CONCLUSION The Administration recommends approving the Resolution.

Applicable Area

Citywide

Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

If so, specify the name of lobbyist(s) and principal(s):

Department

Public Works

Sponsor(s)

Co-sponsor(s)

Condensed Title

Approve First Amended Interlocal Agreement w/ M-DC, Curbside Recycling Program. PW