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Home My WebLink AboutCity of Tamarac Resolution R-2022-121 Agmt w/ Clean Harbors Environmental Services Inc for Household Hazardous Waste RemovalTemp. Reso. #13854 October 26, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 /a A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AN EXTENSION TO THE AGREEMENT BETWEEN THE CITY AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR THE COLLECTION AND DISPOSAL SERVICES OF HOUSEHOLD HAZARDOUS WASTE; UTILIZING RFP NO. 06-06-18-11 WHICH WAS COMPETITIVELY SOLICITED, AWARDED, AND RENEWED BY THE CITY OF COCONUT CREEK, FLORIDA AS THE LEAD AGENCY FOR THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP IN THE BUDGETED AMOUNT NOT TO EXCEED $84,000.00, OR AS AMENDED BY THE CITY COMMISSION; AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE THE AGREEMENT RENEWAL, AND EXPEND BUDGETED FUNDS ON BEHALF OF THE CITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER ERRORS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, a need exists to provide for the proper collection, disposal, and recycling of household hazardous waste ("HHW") and electronic waste ("E-Waste") for 139190687.1 Temp. Reso. #13854 October 26, 2022 Page 2 of 4 the residents of the City; and WHEREAS, on October 24, 2018, via Resolution Number R-2018-135, the City and Clean Harbors Environmental Services, Inc., entered into an agreement for the disposal of City HHW and E-waste ("Agreement") utilizing the Southeast Florida Cooperative Purchasing Group competitively procured RFP Number 06-06-18-11, incorporated herein by reference and on file with the City Clerk; and WHEREAS, it is the recommendation of the Acting Director of Public Services, the Financial Services Director, and the Purchasing and Contracts Manager that the City Commission approve an extension to the Agreement ("Renewal") for the collection and proper disposal in an amount not to exceed $84,000.00, or as amended by City Commission; and that the appropriate City officials are authorized to execute the Renewal, a copy of which is attached to this Resolution as "Exhibit 1 ", and expend budgeted funds; and WHEREAS, the City Commission deems it to be in the best interest of the business owners, residents, and visitors of the City to approve the Renewal of the Agreement between the City and Clean Harbors Environmental Services, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1. The foregoing whereas clauses are true and correct and hereby adopted as the legislative and administrative findings of the City Commission and made 139190687.1 Temp. Reso. #13854 October 26, 2022 Page 3 of 4 a specific part of this Resolution; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2. The Renewal attached to this Resolution as "Exhibit 1" is approved, and the appropriate City officials are authorized to execute the Renewal on behalf of the City and expend budgeted funds in an amount not to exceed $84,000.00 for the proper disposal of HHW and E-Waste. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Any scrivener or typographical errors that do not affect intent of this Resolution may be corrected with notice to and authorization of the City Attorney and City Manager without further process. Section 5. 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. "The remainder of this page is left blank intentionally" 139190687.1 Temp. Reso. #13854 October 26, 2022 Page 4 of 4 Section 6. This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 26th day of October 2022. ATTEST: e KIMBER Y DTLLON, CMC CITY CLERK MICH LLE J. GOMEZ MAYOR RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS OM OF TAMARAC ONLY. JbHN T. H�RIN, RJR. CITY TO NEY 139190687.1 TR 13854 EXHIBIT 1 RESOLUTION NO. 2022-194 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA, AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. TO PROVIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES PURSUANT TO RFP NO. 06-06-18- 11; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has an agreement with Clean Harbors Environmental Services, Inc. to provide household hazardous waste collection and disposal services pursuant to Request for Proposals (RFP) No. 06-06-18-11; and WHEREAS, the City of Coconut Creek is the lead agency for this cooperative contract on behalf of the Southeast Florida Governmental Purchasing Co-operative Group; and WHEREAS, the agreement provided for an initial contract period of two (2) years with the option to extend the contract for two (2) additional two (2) year periods; and WHEREAS, the initial two (2) year period and first two (2) year extension have been executed, which first extension is set to expire on October 23, 2022; and WHEREAS, the agreement provides for limited price increase not exceeding the lesser of five percent (5%) or the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (All Items), for the Miami -Ft. Lauderdale, FL area, as published by the Bureau of Labor Statistics, U.S. Department of Labor; and WHEREAS, unusual and significant changes have occurred in the industry; and WHEREAS, the Vendor has proposed alternate price increases of fifteen percent (15%) based on a one (1) year extension or nineteen percent (19%) on a two (2) year TR 13854 EXHIBIT 1 extension: and WHEREAS, the City desires to extend the agreement for only a single year subject to a negotiated twelve percent (12%) increase; and WHEREAS, the City Commission deems it to be in the best interest of the residents of the City of Coconut Creek to extend the contract with Clean Harbors Environmental Services, Inc. to provide household hazardous waste collection and disposal services pursuant to the terms of Amendment No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF COCONUT CREEK, FLORIDA: Section 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this resolution. All exhibits attached hereto are incorporated herein and made a specific part of this resolution. Section 2: That the City Commission has reviewed and hereby approves Amendment No. 1 to the Agreement between the City of Coconut Creek and Clean Harbors Environmental Services, Inc. for the purpose of providing household hazardous waste collection and disposal services. Section 3: That the City Manager, or designee, is hereby authorized to execute the Amendment No. 1 to the Agreement between the City of Coconut Creek and Clean Harbors Environmental Services, Inc. to provide household hazardous waste collection and disposal service. Section 4: That 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 in application, it shall not affect the validity of the remaining portion or applications of this resolution. Section 5: That this resolution shall be in full force and effect immediately upon its adoption. Adopted this 22nd day of Septemher 2 TR 13854 EXHIBIT 1 Rydell Aye Welch ye Tooley Aye Railey Aye 3 TR 13854 EXHIBIT 1 AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF COCONUT CREEK AND CLEAN HARBORS ENVIRONMENTAL SERVICES, INC. FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION & DISPOSAL SERVICES RFP NO. 06-06-18-11 This Amendment No. 1 to the Agreement between the City of Coconut Creek and Clean Harbors Environmental Services, Inc. dated September 13, 2018 is made this day of September, 2022 by and between the City of Coconut Creek, Florida, (the "City"), and Clean Harbor Environmental Services, Inc. (the "Vendor") both of whom agree as follows: WITNESSETH: WHEREAS, the Agreement between the City of Coconut Creek and Clean Harbors Environmental Services, Inc. dated September 13, 2018 (the "Agreement"), which incorporates Solicitation HHW RFP No. 06-06-18-11 (the "Solicitation') and the Vendor's Bid Response (collectively, the "Contract Documents"), provides for a two (2) year term, with up to two (2), two (2) year extensions; and WHEREAS, a two (2) year extension was approved in 2020 extending the Agreement to October 23, 2022; and WHEREAS, the Agreement provides for limited price increase not exceeding the lesser of 5% or the latest yearly percentage increase in the All Urban Consumers Price Index (GPI-U) (All Items). for the Miami -Ft. Lauderdale. FL area, as published by the Bureau of Labor Statistics, U.S. Department of Labor; and WHEREAS, unusual and significant changes have occurred in the industry; and Page 1 of 6 TR 13854 EXHIBIT 1 WHEREAS, the Vendor has proposed alternate price increases based on a one-year or two-year extension of the Agreement; and WHEREAS, the City desires to extend the Agreement for only a single year subject to the Vendor's proposed 12% increase; and WHEREAS, the parties desire to amend the Agreement and to revise the renewal period and provide for the price increase. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. The recitations referred to above are hereby incorporated herein. 2. The parties desire to amend the Contract Term by amending the following Contract Documents: a. Section 5) Contract Extension, of the Agreement is amended as follows: 5) Contract Extension The City reserves the right to extend the Agreement for one t.11 two (2-) additional two (2) year periods, and subsequently, two additional one (1) year periods, providing both parties agree to the extension, all terms, conditions and specifications remain the same, and such extension is approved by the City. Vendor shall give written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the initial Contract amount. Agreement renewal shall be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. In the event services are scheduled to end because of the expiration of this contract, the Vendor shall continue the service upon the request of the Contract Administrator. The extension period shall not extend for more than ninety (90) days beyond the expiration date of the existing contract. The Vendor shall be compensated for the service at the rate(s) jn effect when the City invokes this extension clause. b. Section 19. Contract Term, Item 19.1 of the Solicitation as follows. 19. Contract Term Page 2 of 6 TR 13854 EXHIBIT 1 19.1 The initial contract period shall be for two (2) years. The City reserves the right to extend the contract for one 1 bNe-(2) additional two (2) year periods and subsequently, two additional one (1) year periods, providing both parties agree to the extension; all the terms, conditions and specifications remain the same, and such extension is approved by the City. Successful Proposer shall give written notice to the City not less than ninety (90) days prior to renewal date of any adjustment in the initial Contract amount. Contract renewal shall be based on satisfactory performance, mutual acceptance, and determination that the Contract is in the best interest of the City. 3. The parties desire to amend Section 21. Cost Adjustments, Item 21.1 of the Solicitation as follows: 21.Cost Adjustments 21.1 Costs for all products proposed under this contract shall remain firm for the initial contract period. Costs for subsequent years and any_extensions teFM yea-F6 shall be subject to an adjustment only if increases occur in the industry. HOWeveF, URIeS6 „eFy WRu6ual and-significant-ehanges have ^^^ 1Fr d th P, �, �iJ� Yr.+l ql lq�ggl-Zl istfy; sSuch the increases shall not exceed five percent (5%) per year or, whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI-U) (All Items), for the Miami -Ft. Lauderdale, FL area, as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect compared to the index for the same month one (1) year prior. However, upon a showing of very unusual and significant changes that have occurred in the industry a higher increase may be approved, It is the Vendor's sole responsibility to provide sufficient documentation to demonstrate the need and support for the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in Manufacturer's price, Insurance, etc.). Any requested price increase shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. 4 the event the GPI „F iRGI St ;, oosts deGliRe, Page 3 of 6 TR 13854 EXHIBIT 1 4. All other terms and conditions of the Agreement not in conflict with this Amendment No. 1 shall remain in full force and effect and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. CITY OF COCONUT CREEK, FLORIDA By: Karen M. Brooks, City Manager Approved as to Legal Sufficiency and Form: By: CAe Terrill C. Pyburn, City Att rney Page 4 of 6 TR 13854 EXHIBIT 1 Amendment No. 1 to Agreement between the City of Coconut Creek and Clean Harbors Environmental Services, Inc. for Household Hazardous Waste Collection & Disposal Services RFP No. 06-06-18-11 CONTRACTOR ATTEST: Blank (Corporate Secretary) Blank Type/Print Name of Corporate Secy. Clean Harbors Environmental Services, Inc. Company Name 9/26/22 Signature of President/O rwnerwne Date William B. Hallam Type/Print Name of President/Owner CORPORATE ACKNOWLEDGEMENT 1 -1- STATE OF - SS COUNTY O ;1 . I HEREBY CERTIFY The foregoing instrument was acknowledged before me by means of 13--- physical presence or ❑ online notarization, this day , c)MZ , by (type of authority, e.g. officer, trustee, attorney in fact) for CLEAN HARBORS ENVIRON _,Personally known to me or roduced Identification - - L Ty - Type of I D Produced Page 5 of 6 TR 13854 EXHIBIT 1 CITY OF COCONUT CREEK HOUSEHOLD HAZARDOUS WASTE COLLECTION & DISPOSAL SERVICES RFP NO, 06-06-18.11 EXHIBIT "A-2" AMENDMENT NO. 1, SCHEDULE OF PROPOSAL PRICES CLEAN HARBORS ENVIRONMENTAL SERVICES LINE # DESCRIPTION ESTIMATED QUANTITIES UOM UNIT PRICE 12 h Increase, Renewal 2 f MobiiWdgon for remote collection events orgy. Does not apply to fixed facility drum Plickups, mobilization of contract labor and supply deliveries, 1.1 One Day Remote Event Mobilization. Fixed Price to include all staff and eoui m n (Price in Renewal 1.). 22 EA 4 179.00 4 680.48 1.2 Sunday Remote Event Mobilization. Fixed Price to include all staff and equipment. 1 EA $5,368.50 $6,012.72 2 Contract Labor for Remote Collection Events 2-1 Regular Per Hour Rate (8-hours onsite) Price increase - Renewal 1 1465 HR 1 47, 00 52.64 2.2 Overtime Per Hour Rate (After 8-hours onsde) 185 HR 1 $65 00 72.80 3 SWplies Including Deiivery 3.1 5-Gallon Poly 490 EA $16.84 18.86 32 16-Gallon Poly 200 EA $20.00 22.40 33 30-Gallon Poly 165 EA $50.12 56.13 34 55-Gallon Poly 170 EA $44.90 150.29 3.5 55-Gallon Steel 830 EA $44.90 50.29 3.6 85-Gallon Steel 30 EA $168 35 188.55 3.7 Flex Bin 495 EA $84.18 94.28 38 Fluorescent Bulb Box 8-Ft. 100 EA $16.84 18.86 39 Fluorescent Bulb BOX 4-Ft. 270 EA $16.84 18.86 3.1 Vermiculite (Per 16 lb. bag) 600 EA $44.90 50.29 4; Waste Disposal 4 1 Petroleum Oils 35500 LBS $0.24 0.27 4.2 Fuels and Solvents Halogenated and Halogenated 45800 LBS $0.37 0.41 4.3 Antifreeze 18700 LBS $0 37 0.41 4A Lead Acid (wet and dry cell) (Price increase -Renewal 1 39750 LBS 1.3T 1.53 4.5 Nickel Cadmium and Nickel Metal Hydride 1785 LBS $1 13 1.27 4.6 Lithium and Lithium Ion 2850 LBS $1.13 1.27 4.7 Aerosol Cans 34400 LBS $0.92 1.03 48 Alkyd (Oil Based) Paint in Cans 47800 LBS $0 74 0.83 4.9 Pesticides/Poisons Liquid 23540 LBS $125 1.40 4.1 Pesticides/Poisons Solid 10800 LBS $1.25 1.40 4 11 Solids Containing Flammable Liquids 25500 LBS $0.91 $1.02 4.12 Corrosives Liquid or Solid Acid or Alkaline 25270 LBS $0.99 1.11 4.13 Oxidizers Liquid or Solid 2050 LBS $125 IL.40 4 14 Organic Peroxides Liquid or Solid 6340 LBS $6.02 6.74 4.15 Mercury 195 LBS $11 50 1$ 2.88 4.16 Reactives 10220 LBS $6.02 EIL74 4 17 Straight Fluorescent Bulbs 17650 EA $1.37 1.53 4 18 Compact Fluorescent Bulbs 13200 EA $2A6 2.76 4 19 Metal Halide and Other Various Bulbs 3300 IEA 1 $2.46 2.76 42 RefrigeranVExtingUi3hers Gases 2200 LBS $6 00 6.72 4.21 Propane/MAPP Gas 6360 LBS $5.50 6.16 LULGA f Uii l cvU L+�J .JU.[- '.Q V.LU s Group 2 - Electronic Waste' 51 Monitors(TV/CPUs 12800 LBS $0.35 0.39 52 Misc. Small Electronic Devicesn Price increase - Renewal 1 1 180250 LBS 0.11 $0.12 6 Flat Fee for the preparation and processing of invoices for Joint Events only 6.1 Please state your "Flat Fee" for processing invoices for Joint Events only 1 EA $0 00 $0 00 TOTALS $10.221.33 11,44 $7.89 Page 6 of 6