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City of Tamarac Resolution R-2000-224
L_J Temp. Reso. #9109 Page 1 August 9, 2000 Revision #1 -- 8/16/00 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000-viva, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF TAMARAC AND FLORIDA LEAGUE OF CITIES IN CONJUNCTION WITH DMG-MAXIMUS, INC., FOR PROVIDING ADDITIONAL FINANCIAL AUDITING SERVICES RELATED TO THE COLLECTION OF THE SOLID WASTE FRANCHISE FEES BY WASTE MANAGEMENT, INC. FOR AN AMOUNT NOT TO EXCEED $3,500; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, there is a need for additional services related to the audit of solid waste franchise fees collected by Waste Management, Inc.; and WHEREAS, City of Tamarac entered into an agreement on June 16, 2000, with the Florida League of Cities in conjunction with DMG-Maximus to perform the Waste Management franchise fee examination attached hereto as Exhibit "A"; and WHEREAS, upon review and evaluation by staff, it was determined that additional auditing services are needed to complete the examination of all requirements of the franchise agreements and the performance of Waste Management under the franchise agreements; and WHEREAS, the terms of the amendment to the agreement are outlined in Exhibit "B", as attached hereto; and Temp. Reso. #9109 Page 2 August 9, 2000 Revision #1 — 8/16/00 WHEREAS, the City shall be reimbursed for all costs incurred associated with the professional auditing services in accordance with the franchise agreement, Section 13.3 (Ordinance No. 0-95-15) between the City of Tamarac and Waste Management, Inc., of Florida for furnishing multi -family solid waste collection services; and WHEREAS, it is the recommendation of the Interim Director of Finance, Controller, and the Purchasing/Contracts Manager that the amendment to the original agreement be executed with DMG-Maximus; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the appropriate City Officials to execute the amendment to the agreement between the City of Tamarac and the Florida League of Cities in conjunction with DMG-Maximus for providing additional auditing services related to the examination of the solid waste franchise fees collected by Waste Management, Inc., for an amount not to exceed $3,500. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. E Temp. Reso. #9109 Page 3 August 9, 2000 Revision #1 — 8/16/00 SECTION 2: The appropriate City Officials are hereby authorized and directed to execute the amendment to the agreement between the City of Tamarac and the Florida League of Cities in conjunction with DMG-Maximus for providing additional auditing services related to the examination of the solid waste franchise fees collected by Waste Management, Inc., for an amount not to exceed $3,500 (attached hereto as Exhibit "B") SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. E 1 1 Temp. Reso. #9109 Page 4 August 9, 2000 Revision #1 — 8/16/00 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ATTEST: MARION SWENSON, CMC, CITY CLERK WBYtTIFY that ve A ESOL ON as to form. MI , CITY ATTORNEY c,23 4� day of ,2000 SCHREIBER, MAYOR RECORD OF COMMISSION VOTR MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANC DIST 4: VIM ROSERT8 Temp. Reso. #9109 Exhibit "A" AGREEMENT BETWEEN THE CITY OF TAMARAC AND FLORIDA LEAGUE OF CITIES THIS AGREEMENT is made and entered into this -&��day of 2000 by and between the City of Tamarac, a municipal corporation with principal officag located at 7525 N.W. 88th Ave., Tamarac, FL 33321-2401 (the "City") and Florida League of Cities in conjunction with DMG-Maximus, Inc. with principal offices located at 301 South Bronough Street, Tallahassee, FL 32301 (the "Consultant") to assist with the City of Tamarac Waste Management Franchise Fee Audit. In consideration of the mutual promises contained in this document, the City and Consultant agree as follows: 1. The period of this agreement shall be from execution and approval of the Agreement until completion and acceptance of the work. 2. 9 Consultant agrees to perform the services described in Attachment A and B (Agreed U on Procedures and Proposal),attached hereto and incorporated herein as if set forth in full. For satisfactory performance of said services described in the attached Attachment A and B, the City shall pay Consultant an amount not to exceed $9,999.99 including reimbursables. Payment shall be made within thirty (30) days after the City's receipt and approval of Consultant's statement of services and costs, prepared in such form and detail as the City may specify. Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager. 3. In performing services under this Agreement, Consultant shall be deemed an independent Contractor and shall not act as nor be an agent or employee of the City. As an independent Contractor, Consultant will be solely responsible for determining the means and methods for performing the professional and/or technical services described in Attachment A. This Agreement shall not be assigned by Consultant; any attempt to do so shall be void and have no effect. All of consultant's activities will be at its own risk and Consultant is hereby given notice of its responsibility for arrangements to guard against physical, financial, and other risks as appropriate. Consultant shall observe and abide by all applicable laws and regulations, including, but not limited to, those of the City of Tamarac relative to conduct on its premises. Consultant agrees to perform its services with that standard of professional care, skill, and diligence normally provided in the performance of similar services. 4. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Consultant in the performance of this Agreement shall be used only in connection with the services provided the City. All drawings and specifications FLC//6-08-00 1 developed as a result of this Agreement shall become the property of the City of Tamarac. 5. Either the City or Consultant may terminate performance under this Agreement at any time by notifying the other party in writing at least thirty (30) days in advance of the effective date of termination specified in such notice. 6. Consultant shall notify the City promptly of any expected delay in performance of services. However, Consultant shall not be liable for delays in performance beyond its reasonable control. 7. The City may at any time, by issuance of a written Change Order to this Agreement by the City Manager make changes, within the scope or period of performance of this Agreement. Consultant and the City Manager or designee shall negotiate an equitable adjustment, if appropriate, in the terms of this Agreement to cover any such change. No payment for additional work performed that is not provided for in this Agreement shall be made by the City unless such work is performed pursuant to a written Change Order. 8. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the City as an additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 9. Each party shall be responsible for its own acts and will be responsible for all damages, costs, fees and expenses which arise out of the performance of this Agreement and which are due to that party's own negligence, tortious acts and other unlawful conduct and the negligence, tortious acts and other unlawful conduct of its respective agents, officers and employees. The above provisions shall survive the termination of this Agreement and shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. FLcis-os-oo 2 10. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. C� Mark Bates Director of Finance City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 (954) 724-1314 With a copy to the City Attorney at the same address. CONSULTANT Michael Sittig Executive Director Florida League of Cities P. O. Box 1757 Tallahassee, FL 32302-1757 850-222-9684 850-222-3806 Fax 11. This Agreement constitutes the complete understanding of the parties and supersedes any other prior agreements, and shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. FLcis-os-oo 3 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Authorized Representative and Florida League of Cities, signing by and through its RFeje , duly authorized to execute the same. Se Uf i ylG ,Diee e*r- CITY OF TAMARAC ffrey ill r, City Manager Ap ved to Form: Date: Za 7.d u c ell S. Kraft, Ci Attorney 4dan&SFlur u hasing/ ntracts Manager Date: G "Sittig,Executfive gS ctor Date: l%7 BM&9% tm 4 ACKNOWLEDGEMENT STATE OF_. l Off' i Ao— :SS COUNTY OF Lecv-\ I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared d E ecuAive, Dlfec4c)r of LLC Ac- Lea "e cCi e ,nc. (officer or agenirand title) (name of corporation) a ._ FIc?Corporation, to me known to be the (State or place of corporation) person(s) described in and who executed the foregoing instrument and acknowledged before me that Mk Lea e 1 SI-H i c executed the same. WITNESS my hand and official seal this I -3tk day of urn e- , 20 co PUBrIC State of Florida at TAMMY H. REVELL My COMMISSION # CC 878770 EXPIRES: October 11, 2003 bond" 1hru Noon Public underwr mm tamp, or (�O Personally known to me or ( ) Produced Identification Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. FLC/6-08-00 5 ATTACHMENT A AXIMUS Helping : overnment Serve The People May 24, 2000 Lynda Flurry Purchasing Manager City of Tamarac 7525 NW 88 h Avenue Tamarac, FL 33321-2401 Re: Proposal - Conduct Review of Waste Management's Franchise Fee Payments Dear Ms. Flurry: As a follow-up to our telephone conversation today, the following details our understanding of the City's expectation for the recently issued RFP. Over-view.gf Problem 1. In April 1999, Waste Management determined that a problem existed with its billing system. 2. For a period after April 1999, Waste Management ceased billing customers until the system billing problems were resolved. Thus, the City's franchise fee payments decreased. 3. In January 2000, the City approached Waste Management to determine how the problem was resolved. 4. In February 2000, Waste Management indicated the problem had been resolved and issued a payment to the City. Re uired Action 1. Review Waste Management's workpapers to determine what analysis was performed and verify the accuracy of the City's allocated, payment. 2. Review Waste Management's source documents prior to the error, during the error and after the error to determine the accuracy of the City's franchise fee calculation base in accordance with the franchise agreement. 3. Determine there are additional unpaid monies due the City and late payments due on past due or adjusted amounts. 4. Review Waste Management's billings to City of Tamarac customers to identify additional potential underbillings to ensure the system problem has been corrected. May 24 00 07:29p DMG MAXIMUS 2026712222 p.3 Lynda Flurry Purchasing Manager City of Tamarac Re: Proposal - Conduct Review of Waste Management's Franchise Fee Payments May 24, 2000 Page 2 5. The proposed review period will be limited to selected sample months prior to the error and selected sample months after the error and will not include a comprehensive 2-year period. 6. The deliverable to the City will be a detailed that outlines the results of DMG's findings for the tasks detailed above. Based on the additional information we discussed, DMG will commit to conducting this proposed engagement for$9,999.99;inclusive of travel). This proposed scope of work supercedes the tasks detailed in our May 12, 2000 proposal submitted by the Florida League of Cities. If selected for this engagement, it is DMG's understanding the City desires to have the project completed by July 15, 2000. Therefore, DMG could have a consulting team available to commence work the week of June 19, 2000. This means that the City would have to send notification to Waste Management of the City's intent to conduct the compliance audit commencing June 19`h. It would be our goals to not only commence the audit but to also complete the analysis and conduct an exit meeting with the City and Waste Management the same week. The actual formal report would be submitted prior to July 15, 2000. I look forward to hearing from you regarding this revised proposal. x0r y, Zal Vice President Cc: Carolyn Grant, DMG-Maximus Ken Sniall, Florida League of Cities 1AXIMUS ATTACHMENT B WASTE MANAGEMENT Agreed Upon ProcedurOs Requirements: The City of Tamarac has an existing Franchise agreement with Waste Management (Ordinance 0-93.3 as amended by Reso. R91-228) for collection of solid waste from residential and non-residential customers, This agreement contains certain requirements for Waste Management to deliver service, maintain records, and make timely remittance of franchise fees and reports to the City. During the past 2 years Tamarac has experienced a reduction in fee collections from Waste Management as well as substantial and continuing delays in monthly fee payments. Fee remittances have also lacked operational reports required under the agreement. Tamarac wishes to engage a professional firm to review all requirements of the Franchise agreement and develop "agreed upon procedures", in collaboration with City management, to examine the performance of Waste Management under the Franchise agreement The firm will then conduct an examination of Waste Management's records to determine whether service billings, City franchise earnings and periodic payments to the City have been made fully, accurately, and timely. Consideration shall also be given to associated late payment penafties provided for in the agreement and required reports provided to - or missing from - the City. The expected "deliverable" stemming from this examination shall be a report detailing each instance of Waste Management's non-compliance with the Franchise Agreement for the period from April 1998 to April 2000. The report shall provide a schedule of actual monthly billings and collections for Tamarac residents during this 2-year period. The report shall reflect calculations of unfunded or underfunded franchise earnings due to the City of Tamarac by Waste Management and include calculations of associated late payment fees due the City. It is acknowledged by the selected firm and the City that these examination procedures and the content of this report shall be the basis for Tamarac's pursuit of unpaid or underpaid franchise fees and late payments from Waste Management. Time is of the essence in the performance of this examination. The completed examination report shall be delivered to the City of Tarnarac Finance Director on or before Friday June 30, 2000. All questions regarding this examination shall be referred to Tamarac's Director of Finance, Mark Dates, at 954-724-1314. Certificate of Insurance Review Form ContractorNendor: m. ,4tt!:t�� << Date of Review: bl� v Accept as Presented: Detail Deficiencies: tea• �� �� 11 •wry rL LE-HUk. Ur U ( F IE5 a 954 724 ?:ICE rlr.c^e, p17;C1--onh JUN-09-2000 FR 111: 00 AM OR I DA LEAGUE OF CITIES FAX N( a 07 '3 l 7 7181 p1 02 CERTIFICATE OF COVERAGE Certificate Holdor �. Adminlalrator Issua pate 08/09/00 BI M MR JIM SREDZINSKI Fladda Longue of Cities, Inc. CITY OF TAMAMAC Public Rlalt SwAcas 7626 NORTHwtE9T 681" AVENUE P.D. Box 530066 TAMARAC FL 33321 2401 1 Orlando.Florida 32A43.00B5 CIwLMOEA 11E1 IO To a nldy THAT ► Of AOnrl W NI WAQW NAA BUM 161WIS Td 1TIi Pt{gNATCO Mrum rl Ipn MI COVIIIAOt Mr+In11 N101CATTIO. 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Reso. #9109 August 11, 2000 Exhibit "B" Revision #1 -- 8118/00 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF TAMARAC AND FLORIDA LEAGUE OF CITIES FOR WASTE MANAGEMENT FRANCHISE FEE AUDIT THIS AMENDMENT TO THE AGREEMENT is made and entered into this ,ga day of 2000 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88t' Ave., Tamarac, FL 33321-2401 (the "City") and Florida League of Cities in conjunction with DMG- Maximus, Inc. with principal offices located at 301 South Bronough Street, Tallahassee, FL 32301 (the "Consultant") to assist with the City of Tamarac Waste Management Franchise Fee Audit. In consideration of the mutual promises contained in this document, the City and Consultant agree to amend the Agreement dated June 16, 2000, as follows: Attachment "A" "Required Action", and Attachment "B" are amended to add the following professional services to be provided by DMG-Maximus: (1) Collection procedures; (2) Review of customer complaint logs and procedures; (3) Insurance and performance bond compliance. 2. Section 2 of the Agreement is amended to read as follows: "Consultant agrees to perform the services described in Attachment A and B (Agreed UponT Procedures and Proposal, attached hereto and incorporated herein as if set forth in full. For satisfactory performance of said services described in the attached Attachment A and B, the City shall pay consultant an amount not to exceed $13,499.99 including reimbursables, reflecting the additional cost for the professional services to be provided, in an amount not to exceed $3,500.00. Payment shall be made within thirty (30) days after the City's receipt and approval of Consultant's statement of services and costs, prepared in such form and detail as the City may Specify. Consultant shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager." 1 of 2 Temp, Reso. #9109 August 11, 2000 Exhibit "B" Revision #1 — 8/18/00 3. The remaining provisions of the original agreement dated June 16, 2000, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have made and executed this Amendment to the Agreement on the respective dates under each signature. CITY OF TAMARAC, through its Mayor and Florida League of Cities, signing by and through its Executive Director, duly authorized to execute the same. ATTEST: Marion Swenson, CIVIC City Clerk / Date: — ATTEST: Corporate Secretary Date: CITY OF TAMARAC Schreiber, Mayor Date: Jeffre L. Miller, City Manager Date: prov d as to form and legal su icie�icy;;'-) , Mittl ell S. ra ity Attorney Date: (� A A FLORIDA LEAGUE OF CITIES CVr&-hael�:Stittig, xec ive Director Date: S I 160 2of2 i Temp. Reso. #9109 August 11, 2000 Exhibit "B"�{ CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA COUNTY OF 13ROWARD The foregoing instrument was acknowledged before me this day of (name of August, 2000 by Ci'1 officer or agent, title of officer or agent) of a L 1.1t- U� � s (name of corporation acknowledging), a Florida (state or place of incorporation) corporation, on behalf of the corporation. He is ersonall (type of identification) as known to me identification and did (did not) take an oath. Signature of No Public — St of Florida Print, Type or Stamp Name of Notary Public Linda J. Bddges ` AI 'Ay COMMISSION N CC594772 EXPIRES November 17, 2000 i3ONDED THRU TROY FAIN INSURANCE, ING,