HomeMy WebLinkAboutCity of Tamarac Ordinance O-2023-010Temp. Ord. #2522
May 10, 2023
Page 1 of 5
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2023- O f'p
AN ORDINANCE OF THE CITY COMMISSION
OF THE CITY OF TAMARAC, FLORIDA,
APPROVING AMENDMENT NO. 3 TO
EXTEND THE EXISTING FRANCHISE
AGREEMENT FOR FURNISHING
COLLECTION AND DISPOSAL OF
RESIDENTIAL SOLID WASTE AND
RECYCLING AND COMMERCIAL SOLID
WASTE SERVICES FOR THE PERIOD
EFFECTIVE OCTOBER 1, 2023 THROUGH
SEPTEMBER 30, 2024 ATTACHED HERETO
AS EXHIBIT 1" AND INCORPORATED
HEREIN; AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AMENDMENT
NO. 3 TO THE FRANCHISE AGREEMENT
WITH WASTE MANAGEMENT INC., OF
FLORIDA AND TO TAKE ACTION
CONSISTENT WITH THE INTENT OF THIS
ORDINANCE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") is authorized to enter into franchise
agreements with solid waste and recycling collectors; and
WHEREAS, per Ordinance No. 0-2011-7, approved by City of Tamarac City
Commission and passed on second reading on July 13, 2011, the City executed a
Franchise Agreement with Waste Management, Inc. of Florida ("Waste Management") for
residential solid waste and recycling services, and commercial solid waste services, a
copy of Ordinance No. 0-2011-7 is incorporated herein by reference and on file in the
office of the City Clerk; and
WHEREAS, per Ordinance No. 0-2012-12, approved by City of Tamarac City
Temp. Ord. #2522
May 10, 2023
Page 2 of 5
Commission and passed on second reading on May 9, 2012, the City executed
Amendment Number 1 to the Franchise Agreement for the implementation of a recycling
rewards program, a copy of Ordinance No. 0-2012-12 is incorporated herein by reference
and on file in the office of the City Clerk; and
WHEREAS, the Franchise Agreement between the City and Waste Management
provides for collection and disposal of residential solid waste and recycling, and
commercial solid waste services for an initial period effective October 1, 2011 through
September 30, 2020; and
WHEREAS, said Franchise Agreement provided for a one (1) additional three (3)
year term based on the City's determination that the Contractor has provided satisfactory
service, and exercising of said renewal was authorized and approved via Amendment No.
2 to the Agreement, per Ordinance No. 0-2019-13, upon second hearing on September
24, 2019; and
WHEREAS, the proposed Amendment No. 3 would extend the Agreement
effective October 1, 2023 through September 30, 2024, and would provide for a rate
adjustment effective on October 1, 2023; and
WHEREAS, the proposed Amendment No. 3 includes the addition of Section 25,
"Scrutinized Companies" as required by the requirements of F.S. 287.135 and F.S.
215.473; and
WHEREAS, the proposed Amendment No. 3 includes the additions of Section 26,
"Public Records" and Section 28, "E-Verify" pursuant to Chapter 448.095, F.S.; and
WHEREAS, the proposed Amendment No. 3 includes the addition of
Temp. Ord. #2522
May 10, 2023
Page 3 of 5
Subparagraph 12.28 under Section 12 "Termination", paragraph 12.2 "City Termination",
allowing for termination by the City for convenience with ninety (90) days written notice;
and
WHEREAS, the Public Services Director, the Director of Financial Services, and
the Purchasing and Contracts Manager recommend the City Commission approve
Agreement Amendment No. 3; and
WHEREAS, the City Commission of the City of Tamarac deems it in the best
interest of the citizens and residents of the City of Tamarac to execute Agreement
Amendment No. 3 to extend the existing Franchise Agreement for furnishing collection
and disposal of residential solid waste and recycling, and commercial solid waste services
for the period effective October 1, 2023 through September 30, 2024.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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 Ordinance upon
adoption hereof; all exhibits attached hereto are incorporated herein and made a specific
part thereof.
SECTION 2: The City Commission of the City of Tamarac HEREBY
approves Amendment No. 3 to extend the existing Franchise Agreement for
Furnishing Collection and Disposal of Residential Solid Waste and Recycling and
Commercial Solid Waste Services for the period effective October 1, 2023 through
Temp. Ord. #2522
May 10, 2023
Page 4 of 5
September 30, 2024, a copy of said Amendment No. 3 is attached hereto and
incorporated herein as Exhibit "'I".
SECTION I The appropriate City Officials are HEREBY authorized to
execute Amendment No. 3 to the Franchise Agreement for Residential Solid Waste
and Recycling Services and Commercial Solid Waste Services, and to take action
consistent with the intent of this Ordinance.
SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of
Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY
Temp. Ord. #2522
May 10, 2023
Page 5 of 5
SECTION 6: This Ordinance shall become effective immediately upon its passage
and adoption.
PASSED, FIRST READING this P t"' day of freP4L- , 2023.
PASSED, SECOND READING this to"Iday of M.A-'� , 2023.
ATTEST:
3L11 oil.
KIMBERLY DILLON, CMC
CITE' CLERK
J .4 z I tie %�
MICHELLE J.7G'0iWEZ
MAYOR
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR GOMEZ
DIST 1: V/M. BOLTON
DIST 2: COMM. WRIGHT, JR.
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ \j 6-S
DIST 1: V/M. BOLTON AAA
DIST 2: COMM. WRIGHT, JR. G�
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. DANIEL
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE
OF THIS CITY OF TAMARAC ONLY.
H NS OTTINOT
CITY ATTORNEY
W
WASTE MANAGEMENT
March 28, 2023
City of Tamarac
Public Services Department
10101 State Street
Tamarac, FL 33321
Attn: Troy Gies, Acting Assistant Director
Re: Amendment 3
Good afternoon, Mr. Gies:
WASTE MANAGEMENT INC. of FLORIDA
1800 Military Trail, Suite 201
Boca Raton, FL 33431
Coleen Houlihan, Legal Admin. Assist.
954-984-2012 — Phone
(954) 984-2058 — Fax
choulihakwm.com - Email
Enclosed are two signed originals of Amendment 3 between City of Tamarac and Waste
Management Inc. of Florida. Once fully executed, please return one signed original to me at my
above address.
Thank you!
WASTE MANAGEMENT INC. of FLORIDA
Coleen Houlihan
Legal Administrative Assistant
Attachment:
Agreements
TAMA�RAC
The City For Your Life
AMENDMENT #3
BETWEEN THE
TAMARAC AND
WASTE MANAGEMENT INC. OF FLORIDA
The City of Tamarac, a municipal corporation, with principal
offices located at 7525 NW 88th Avenue, Tamarac FL 33321 ("City"),
and Waste Management Inc. of Florida, a Florida corporation with a
principal office located at 1800 North Military Trail, Boca Raton, FL
33431 (the "Contractor") agree to amend the original Franchise
Agreement dated July 13, 2011, and effective October 1, 2011, to
extend the current Term and adjust the Rates in Exhibit 2 thereto.
Now therefore, in consideration of the mutual covenants hereinafter
set forth, the City and Contractor agree to the amended provisions as
follows:
1. Paragraph 3.3 "Term of the Agreement" shall be amended to read as
follows:
"3.3) Term of the Agreement
The City and Contractor agree to extend the Agreement for an
additional one (1) year term. The extension of the Agreement shall
commence on October 1, 2023 and expire on September 30, 2024.
This does not limit City's ability to terminate agreement pursuant to
Section 12 of this Agreement. During the initial term or any extension
of the term, the City may terminate the Agreement at any time
pursuant to the provisions in the Agreement."
2. Add Subparagraph 12.2.8 under Section 12) "Termination",
Paragraph 12.2 "City Termination"
"12.2.8 Termination for Convenience: This Agreement may be
terminated by the City for convenience, upon ninety (90) days of written
notice by the City to the Contractor for such termination in which event
the Contractor shall be paid its compensation for services performed to
termination date, including services reasonably related to termination.
3. Exhibit 2 — "Price Rate Matrix" shall be replaced with the Exhibit 2-
"Price Rate Matrix" attached hereto. The Rates/Prices in the new
Exhibit 2 (attached hereto) will go into effect as of October 1, 2023.
TAMARAC
The City For Your Life
4. Contractor reaffirms compliance with Section 25 "Scrutinized
Companies" pursuant to Florida Statutes, sections 287.135 and
215.473 for all Agreements entered into by Florida state and local
governmental entities:
"25) Scrutinized Companies
By execution of this Agreement, in accordance with the
requirements of F.S. 287.135 and F.S. 215.473, Contractor
certifies that Contractor is not participating in a boycott of Israel.
Contractor further certifies that Contractor is not on the Scrutinized
Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,
nor has Contractor been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not
contract for the provision of goods or services with any scrutinized
company referred to above. Submitting a false certification shall be
deemed a material breach of contract. The City shall provide
notice, in writing, to Contractor of the City's determination
concerning the false certification. Contractor shall have five (5)
days from receipt of notice to refute the false certification
allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following
receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If Contractor
does not demonstrate that the City's determination of false
certification was made in error then the City shall have the right to
terminate the contract and seek civil remedies pursuant to Section
287.135, Florida Statutes, as amended from time to time. "
5. Please add Section 28 "E-Verify" pursuant to Florida Statutes, Section 448.095
for all Agreements entered into by Florida state and local governmental entities:
"28 E-Verify
As a condition precedent to entering into this Agreement,
and in compliance with Section 448.095, Fla. Stat., Contractor
and its subcontractors shall, register with and use the E-Verify
system to verify work authorization status of all employees
hired after January 1, 2021. Contractor shall require each of its
subcontractors to provide Contractor with an affidavit stating
that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. Contractor shall
TAMARAC
The City For Your Life
maintain a copy of the subcontractor's affidavit as part of and
pursuant to the records retention requirements of this
Agreement. City, Contractor, or any
subcontractor/subconsultant who has a good faith belief that a
person or entity with which it is contracting has knowingly
violated Section 448.09(1), Fla. Stat. or the provisions of this
section shall terminate the contract with the person or entity.
City, upon good faith belief that a subcontractor knowingly
violated the provisions of this section; but Contractor otherwise
complied, shall promptly notify Contractor and Contractor shall
immediately terminate the contract with the subcontractor. An
agreement or contract terminated under the provisions of this
section is not a breach of contract and may not be considered
such. Any agreement or contract termination under the
provisions of this section may be challenged pursuant to
Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that
upon termination of this Agreement by the City for a violation of
this section by Contractor, Contractor may not be awarded a
public contract for at least one (1) year. Contractor further
acknowledges that Contractor is liable for any additional costs
incurred by the City as a result of termination of any contract
for a violation of this section. Contractor or subcontractor shall
insert in any subcontracts the clauses set forth in this section;
requiring the subcontractors to include these clauses in any
lower tier subcontracts. Contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor
with the clauses set forth in this section. "
6. All other provisions of the Franchise remain unchanged and in
effect.
Remainder of Page Intentionally Blank
TAMARAC
The City For Your Life
IN WITNESS WHEREOF, the parties have made and executed this
Amendment on the respective dates under each signature. CITY OF TAMARAC,
signing by and through its Mayor and City Manager, and WASTE MANAGEMENT
INC. OF FLORIDA, signing by and through its Vice President, duly authorized to
execute same.
OSIIdIla13
Date
ATTEST:
;LA . -- lr�
J41
(Corporate Secretary)
Vv-
Type/Print Name of Corporate Secretary
(CORPORATE SEAL)
CITY OF TAMARAC
Mich Ile J. Gomez, Mayo
ApproyedAs to form and Legal sufficiency
i;
Ha s p tinot, City Attorney
Date
WASTE MANAGEMENT INC. OF FLORIDA
Comp Name
Signature of President/Own r
David Myhan
Type/Print Name of President
March 21, 2023
Date
TAB AC
The City For Your Life
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA:
SS
COUNTY OF Palm Beach
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid
and in the County aforesaid to take acknowledgements, personally appeared David Myhan,
President of Waste Management Inc. of Florida, a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged before me
that he/she executed the same.
WITNESS my hand and official seal this day of March 21, , 2023
COLFF.N'T.HOULIHAN
Signature of Notary Public
MY COMMISSION # HPi 004070 g ry
EXPIRES: August 2, 2024 State of Florida at Large
Bonded Thru Notary Public Underwriters
Print, Type or Stamp
Name of Notary Public
Personally known to me or
Produced Identification
Type of I.D. Produced
DID take an oath, or
X DID NOT take an oath.