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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.