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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.