HomeMy WebLinkAboutCity of Tamarac Ordinance O-2012-012Temp. Ord. # 2250
April 25, 2012
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2012 i A
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPROVING THE
AMENDMENT TO THE FRANCHISE AGREEMENT WITH
WASTE MANAGEMENT, INC. OF FLORIDA FOR THE
IMPLEMENTATION OF A RECYCLING REWARDS
PROGRAM; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE THE AMENDMENT AND TO
TAKE ACTION CONSISTENT WITH THE INTENT OF THIS
ORDINANCE; PROVIDING FOR THE ABILITY TO REVISE
RATES FOR A RECYCLING REWARDS PROGRAM
THROUGH THE ADOPTION OF A RESOLUTION BY THE
CITY COMMISSION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City, in accordance with the City's Strategic Plan, strives to
increase per capita residential recycling by providing opportunities and resources to
residents to encourage greater participation in the City's recycling program; and
WHEREAS, per Ordinance 0-2011-7, the City executed a Franchise Agreement
with Waste Management, Inc. of Florida ("Waste Management") for residential solid
waste and recycling services; and
WHEREAS, Waste Management has a strategic partnership with Recyclebank,
LLC, a leader among providers of recycling rewards programs; and
WHEREAS, the proposed Amendment to the Agreement with Waste
Management, will allow the implementation of a recycling rewards program, a copy of
said Amendment is hereto attached as "Exhibit 1 "; and
WHEREAS, the recycling rewards program, per the proposed Amendment, will
be in effect through the initial term of the Franchise Agreement with Waste
Temp. Ord. # 2250
April 25, 2012
Page 2
Management, a copy of the Franchise Agreement between the City of Tamarac and
Waste Management is incorporated herein by reference and on file in the Office of the
City Clerk; and
WHEREAS, extension of this Amendment to the Franchise Agreement with
Waste Management, including billing and collection of any related charges, beyond the
initial term of this agreement shall be subject to mutual agreement between the City and
Waste Management; and
WHEREAS, the Public Services Director, the Director of Financial Services, and
the Purchasing and Contracts Manager recommend that the City execute an
Amendment to the Franchise Agreement with Waste Management for the
implementation of a recycling reward program, a copy of said Amendment is hereto
attached as "Exhibit 1 "; 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 execute an
Amendment to the Franchise Agreement with Waste Management for the
implementation of a recycling reward program.
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
1
1
Temp. Ord. # 2250
April 25, 2012
Page 3
and made a specific part of this Ordinance.
SECTION 2: The appropriate City officials are hereby authorized to
execute the Amendment to the Franchise Agreement between the City of Tamarac and
Waste Management Incorporated of Florida, attached hereto as "Exhibit 1", and to take
action consistent with the intent of this Ordinance.
SECTION 3: The Rates for Solid Waste and Recycling Collection and
Disposal Services included as part of the Franchise Agreement as adopted by City
Commission via Ordinance 0-2011-07 and Amended by this Ordinance, commencing
on October 1, 2012, and effective on October 1, each year thereafter, will be adjusted
automatically, without further action by Commission per Section 3.19 of the Franchise
Agreement with Waste Management, incorporated herein by reference and on file in the
Office of the City Clerk
SECTION 4: All Ordinances or parts of Ordinances 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 effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
Temp. Ord. # 2250
April 25, 2012
Page 4
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this cJ- day of 0 , 2012.
PASSED, SECOND READING this day of )W91, 2012.
BY:
ATTE / MAYOR BETH TALABISCO
PETER RICHARDSON, J2W, CMC
CITY CLERK G06'1
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
if",SA UEL S. GOREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 1 ST Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. DRESSLER
1
f 1 e,1
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
=►11
WASTE MANAGEMENT INC. OF FLORIDA
THIS AGREEMENT is made and entered into this LJ day of
I'If f-ch,I,n,tr DIV4V(Ill
, 20p— by and between the City of Tamarac, a municipal corporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY') and
Waste Management Inc. of Florida, a Florida corporation with principal offices located at
2700 NW 48th Street, Pompano Beach, Florida 33073 (the "Contractor") agree to
amend the original Agreement dated July 13, 2011 as follows:
Please add Section 3.17.7 as follows
"3.17.7 Recyclebank program: the Contractor agrees to implement
Recyclebank program for all single-family and multi -family residential
customers pursuant to Section 3.4 of this Agreement.
(i) Upon implementation of the Recyclebank program, the charges for
the Recyclebank shall be $0.75 per residential unit per month.
a. A portion of the Recyclebank charges equal to $0.27 per unit
per month at the initiation of this program is a service
surcharge.
b. Effective October 2013, the service surcharge portion of the
Recyclebank program will be subject to the Rate
Adjustments pursuant to Section 3.19 of this Agreement.
C. The balance of the charges for the Recyclebank program will
not be subject to adjustment during the initial term of this
Agreement.
d. Continuation of this program including the billing and
collection of any related Recyclebank charges beyond the
initial term of this Agreement shall be subject to mutual
agreement between the City and the Contractor.
(ii) The City agrees to be solely responsible for billing single-family
residential units for the Recyclebank program.
a. For amounts billed by the City for the Recyclebank program,
City shall pay the Contractor monthly.
( ol_tou r4":. �ahrt�rnwl7hri+inn
b. In the event the City elects to convert to the tax bill method,
then billing for Recyclebank may occur annually via the tax
bill. The stipulations identified in section 3.17.7 shall remain
the same regardless of method of collection.
(iii) The Contractor Agrees to be solely responsible for billing and
collection of all multi -family residential accounts for the
Recyclebank program.
(iv) The Contractor agrees to be solely responsible for paying to
Recyclebank, LLC all program costs per residential unit per month.
(v) The surcharge enumerated in section 3.17.17 (i) is intended to
cover any and all increases in multi -family recycling services which
may be deemed necessary for the successful implementation and
continuation of this program included, but not limited to placement
of additional carts, scheduling additional collections, etc., and no
additional charges shall be incurred by the City or by multi -family
residential units beyond those specifically identified in this section.
2. The Program enumerated in the Section 3.17.17 as shown above shall be fully -
implemented within 90 days of the execution of this Amendment.
All other provisions of the original agreement remain in effect as written.
REMAINDER OF PAGE INTENTIONALLY BLANK
( "c of f-wn010C
l'IrI, /I a:ir1g 0iI)i,i,m
IN WITNESS WHEREOF, the parties hereby have made and executed this
Amendment to Agreement on the respective dates under each signature, the City
of Tamarac signing through its Mayor and City Manager, and CONTRACTOR
signing by and through its Vice President, duly authorized to execute same.
ATTEST-
'4
Peter M.J. Ri ardson, C M, CMC
City Clerk
TAMd
Date y ,y0'.,
E 'TABLjSHE�
19653
AL ••�
Off. SE . v
ATTEST:
Asst. Corporate Secretary
(CORPORATE SEAL)
CITY O.F"TAMARAC
Beth Talabisco, Mayor J
�-4T&te s ,
ichael C. Cernech, City Manager
Date s
Approved as to form and legal sufficiency:
X-
J& Goren, City Attorney
Date
WASTE MANAGEMENT INC. OF FLORIDA
Company Name
rssnw�:w �
Timothy B. Hawkins
Vice President
Date
(; I of /ai,wra(
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY OF A-D:
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the Sate
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Timothy B. Hawkins, Vice 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.
iv
WITNESS my hand and official seal this z day of AVIZIL , 20 1�U
4 A Ij th I t
Signature of ary Public
Sugmtf�1� 40M at Large
* * MY COMMISSION # DO 9491
EXPIRES: January 29,2014
�r�TFQ�FtipP`O! Bonded Thru Budget Notary Services
Print, Type or Stamp
Name of Notary Public
19 Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
® DID NOT take an oath.