HomeMy WebLinkAboutCity of Tamarac Resolution R-2016-130Temp. Reso. # 12873
November 9, 2016
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2016_1`Z
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, TO APPROVE THE FIRST
AMENDMENT TO THE INTERLOCAL AGREEMENT
AMONG THE CITIES OF COCONUT CREEK, CORAL
SPRINGS, FORT LAUDERDALE, POMPANO BEACH, AND
TAMARAC FOR HOUSEHOLD HAZARDOUS WASTE
DISPOSAL SERVICES, AUTHORIZING CITY OFFICIALS
TO EXECUTE AMENDMENT NUMBER 1 TO SAID
INTERLOCAL AGREEMENT; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a need exists to provide services for household hazardous waste
disposal for the residents of the City of Tamarac; and
WHEREAS,
the
Cities of Coconut Creek,
Coral Springs, Fort
Lauderdale,
Pompano Beach,
and
Tamarac ("the Participating
Cities") took part in
a Southeast
Florida Purchasing Cooperative Request for Proposal (RFP) and secured a contractor
to perform services related to the collection and disposal of household hazardous
waste; and
WHEREAS, the aforementioned purchasing cooperative, through the City of
Coconut Creek, awarded a contract to Clean Harbors Environmental Services, Inc.
("Contractor") to provide such services; and
WHEREAS, the Participating Cities entered into an Interlocal Agreement to
establish a cooperative program for collecting and disposing of household hazardous
waste; and
WHEREAS, via Resolution R-2015-32, dated May 13, 2015, the City
Temp. Reso. # 12873
November 9, 2016
Page 2
Commission of the City of Tamarac approved the execution of the ILA among the
Participating Cities for HHW disposal services, a copy of the ILA is hereto attached as
"Exhibit 1 "; and
WHEREAS, the Cities of Coconut Creek, Coral Springs, Fort Lauderdale,
Pompano Beach, and Tamarac, are desirous of amending the Interlocal Agreement for
Household Hazardous Waste Disposal to provide for the inclusion of additional Cities;
and
WHEREAS, the City of Lauderdale Lakes has decided to join the cooperative
HHW program; and
WHEREAS, the proposed First Amendment to the ILA among the Participating
Cities shall be amended to include the City of Lauderdale Lakes, a copy of the First
Amendment to the ILA is hereto attached as "Exhibit 2" and
WHEREAS, the First Amendment to the ILA among participating cities shall be
effective upon execution by all Participating Cities; and
WHEREAS, the Director of Public Services and the Financial Services Director
recommend that the City Commission of the City of Tamarac approve the First
Amendment to the Interlocal Agreement between the Participating Cities for the purpose
of approving the inclusion of the City of Lauderdale Lakes into the cooperative program;
and.
WHEREAS, the Commission of the City of Tamarac deems it to be in the best
interest of the citizens of the City of Tamarac to approve and execute the First
Amendment to the Interlocal Agreement with the Participating Cities for the purpose of
Temp. Reso. # 12873
November 9, 2016
Page 3
approving the inclusion of the City of Lauderdale Lakes into the cooperative program.
NOW, THEREFORE, BE IT RESOLVED 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
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this Resolution.
SECTION 2: The approval and execution of the First Amendment to the
Interlocal Agreement between the Cities of Coconut Creek, Coral Springs, Fort
Lauderdale, Pompano Beach, and Tamarac for Household Hazardous Waste Disposal
Services for the purpose of approving the inclusion of the City of Lauderdale Lakes into
the cooperative program, a copy of the Amendment is hereto attached as "Exhibit 2".
SECTION 3: The appropriate City Officials are HEREBY authorized to
execute Amendment No. 1 to the Interlocal Agreement between the Cities of Coconut
Creek, Coral Springs, Fort Lauderdale, Pompano Beach, and Tamarac for Household
Hazardous Waste Disposal Services, hereto attached as "Exhibit 2".
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other
Temp. Reso. # 12873
November 9, 2016
Page 4
provisions or applications of this Resolution that can be given effect without the invalid
provision or application, and to this end the provisions of this Resolution are declared to
be severable.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this /day of�' �_, 2016.
II ► Il1i' �
DRESSLER
MAYOR
ATTEST:
,�;1PATRICIA TEUFEL, CMC
� CITY CLERK
RECORD OF COMMISSION VOTE. -
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: VICE MAYOR GLASSER
DIST 4: COMM. PLACKO
1 HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
la
SA EL S. GOR
CITY ATTORNEY
TR#12873 Exhibit 1
1
1
Temp. Reso. # 12574
May 13, 2015
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2015 39�
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
INTERLOCAL AGREEMENT AMONG THE CITIES OF
COCONUT CREEK, CORAL SPRINGS, FORT
LAUDERDALE, POMPANO BEACH, AND TAMARAC FOR
THE DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE
FOR RESIDENTS OF THE CITIES OF COCONUT CREEK,
CORAL SPRINGS, FORT LAUDERDALE, POMPANO
BEACH, AND TAMARAC TO BE EFFECTIVE NUNC PRO
TUNC DECEMBER 1, 2013; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, a need exists to provide services for household hazardous waste
disposal for the residents of the City of Tamarac; and
WHEREAS, the City of Tamarac previously uti
lized an interlocai Agreement
("ILA") with Broward County for collection and disposal services for household
hazardous waste via Resolution R-87-99, incorporated herein by reference and on file in
the Office of the City Clerk, thereby entitling it to the use of and benefits of the Resource
Recovery System; and;
WHEREAS, the ILA for the Solid Waste Disposal District expired on July 2, 2013;
WHEREAS, City staff determined a regional collaborative approach to the
service is economically and logistically advantageous to the City of Tamarac and its
residents; and
Temp. Reso. # 12574
May 13, 2015
Page 2
WHEREAS,
the
Cities of Coconut Creek,
Coral
Springs, Fort
Lauderdale,
Pompano Beach,
and
Tamarac ("the Participating
Cities")
took part in
a Southeast
Florida Purchasing Cooperative Request for Proposal (RFP) and secured a contractor
to perform services related to the collection and disposal of household hazardous
waste; and
WHEREAS, the aforementioned purchasing cooperative, through the City of
Coconut Creek, awarded a contract to Clean Harbors Environmental Services, Inc.
("Contractor") to provide such services; and
WHEREAS, for use in this Interlocal Agreement, household hazardous waste
(HHW) is defined as hazardous waste that is residentially generated and that consists of
products that exhibit dangerous characteristics due to their reactivity, ignitability,
corrosivity, toxicity, or persistence; and '
WHEREAS, for the purpose of protecting the health, safety and welfare of the
residents of the Participating Cities, the parties hereto intend by this Agreement to
establish a program for collecting and disposing of household hazardous waste; and
WHEREAS, it has been determined that establishing a program using the
collective efforts of the Participating Cities is in the best interest of all the residents of
said cities; and
WHEREAS, additional Broward County cities may join the program established
by this Agreement under the same terms and conditions as the Participating Cities; and
WHEREAS, the Director of Public Services and the Financial Services Director
Temp. Reso. # 12574
May 13, 2015
Page 3
recommend the Interlocal Agreement between the Participating Cities is the most
efficient method of delivering and establishing the goal of providing effective household
hazardous waste disposal, a copy of the ILA is attached hereto as "Exhibit V; and.
WHEREAS, the Commission of the City of Tamarac deems it to be in the best
interest of the citizens of the City of Tamarac to enter into the Interlocal Agreement with
the Participating Cities for the purpose of providing effective household hazardous
waste disposal to be effective nunc pro tunc December 1, 2013.
NOW, THEREFORE, BE IT RESOLVED 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
Resolution upon adoption hereof. All exhibits attached hereto are incorporated herein
and made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the ILA among the
Participating Cities for Disposal of Household Hazardous Waste, attached hereto as
"Exhibit 1", and authorizes the appropriate City Officials to accept and execute the ILA
and to take all steps necessary to effectuate the intent of this resolution.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Temp, Reso. # 12574
May 13, 2015
Page 4
I
SECTION 4: 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.
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption nunc pro tunc December 1, 2013,
PASSED, ADOPTED AND APPROVED this day o
ATTEST:
PATRICIA TEUFEL, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
W.1
RY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER t.
DIST 1: VICE MAYOR BUSHNELL
DIST 2: COMM. GOMEZ
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO
2015.
SAMUEL S. GOREN
CITY ATTORNEY '
TR#1 Z873 Exriibi.t -I
TR 12574
Exhibit 1
INTERLOCAL AGREEMENT AMONG THE CITIES OF COCONUT CREEK, CORAL
SPRINGS, FORT LAUDERDALE, POMPANO BEACH, AND TAMARAC
This Interlocal Agreement is entered into by and among the cities of Coconut Creek,
Coral Springs, Fort Lauderdale, Pompano Beach, and Tamarac, all municipal organizations
organized and existing under the laws of the State of Florida, (hereinafter referred to as
"Participating Cities").
WHEREAS, a need currently exists to provide services for household hazardous waste
disposal for the residents of the cities of Coconut Creek, Coral Springs, Fort Lauderdale,
Pompano Beach, and Tamarac; and,
WHEREAS, the Participating Cities took part in a Southeast Florida Purchasing
Cooperative Request for Proposal (RFP) to secure a contractor to perform services related to
the collection and disposal of household hazardous waste; and
WHEREAS, the aforementioned purchasing cooperative, through the City of Coconut
Creek, awarded a contract to Clean Harbors Environmental Services, Inc. ("Contractor") to
provide such services; and
WHEREAS, for use in this Interlocal Agreement, household hazardous waste (HHW) is
defined as hazardous waste that is residentially generated and that consists of products that
exhibit dangerous characteristics due to their reactivity, ignitability, corrosivity, toxicity, or
persistence; and
WHEREAS, for the purpose of protecting the health, safety and welfare of the residents
of the Participating Cities, the parties hereto intend by this Agreement to establish a program
for collecting and disposing of household hazardous waste; and
WHEREAS, it has been determined that establishing a program using the collective
efforts of the Participating Cities is in the best interest of all the residents of said cities; and
WHEREAS, additional Broward County cities may join the program established by this
Agreement under the same terms and conditions as the Participating Cities; and
WHEREAS, establishing said program provides the most efficient method of delivering
and establishing the goal of providing effective household hazardous waste disposal.
NOW, THEREFORE, in consideration of mutual covenants and premises, set forth, the
Participating Cities agree as follows:
TR 12574
Exhibit 1
ARTICLE I
The above recitals are true and correct and are incorporated herein as if set forth in full
hereunder.
ARTICLE II
By entering into this Agreement, each of the Participating Cities acknowledge that it is
their intent to host a minimum of two household hazardous waste collection events ("Events")
within their city each fiscal year pursuant to the terms of this Agreement, subject only to
budgetary or scheduling constraints. Notwithstanding the foregoing, each Participating City
must host one household hazardous waste Event per fiscal year. The date and location of each
Event shall be at the sole discretion of the host municipality, provided, however, that each host
municipality shall make reasonable efforts to coordinate the date(s) of their Event(s) with the
other Participating Cities. It is the intent that the host Events be spaced as evenly as is feasible
throughout the year and with sufficient notice so that each Participating City will have sufficient
time to provide adequate notice to their residents that an Event will be taking place on a
particular date, time and place.
ARTICLE III
For each Event, the host city shall provide all of the mobilization and staffing anticipated
to be required for the household hazardous waste collection Event. Additionally, the host city
shall provide for all required disposal and processing of the household hazardous waste
collected.
ARTICLE IV
The host city shall prepare and maintain adequate and sufficient records of the costs
and expenses incurred for each Event. The costs and expenses that shall be prorated amongst
the Participating Cities as set forth in Article V below shall be limited to disposal and processing
of all of the hazardous waste materials collected. Records shall be maintained by the host city
as to the home address of each residential participant delivering household hazardous waste
for disposal, whether or not they are residents of a participating city. To facilitate such record
keeping, it is anticipated that each host city will require residents participating in the Event to
provide the host city with proof of residency.
TR 12574
Exhibit 1
ARTICLE V
It is the intent of the Participating Cities that upon the completion of a host Event that
the disposal and processing costs referenced in Article IV be shared amongst the Participating
Cities on a pro rata percentage basis based upon the number of individual residents
participating in the Event from each of the Participating Cities, In order to allocate such costs
any such invoices provided by a host city shall include sufficient records of individual resident
participation. In the event that a host City allows a resident(s) of a City not a party to this
Agreement to dispose of HHW at their event, host City shall be responsible for all associated
disposal and processing costs for such non -participating city's resident(s). Each Participating
City shall pay its share of the disposal and processing costs of the Event to the host city within
thirty (30) days after receipt of an invoice from host city.
ARTICLE VI
If a Participating City hosts an Event in accordance with the contract with Clean Harbors
Environmental Services, Inc. prior to its execution of this Agreement and such Event is open to
the other Participating Cities, the Participating Cities agree to compensate the host city for their
pro rata share of disposal and processing fees in accordance with Article V above.
ARTICLE VII
The commencement date of this Interlocal Agreement shall be the date the last of the
Participating Cities approves and executes same. This Interlocal Agreement shall remain in
place for the initial term of the contract with Clean Harbors Environmental Services, Inc. and
any subsequent renewal periods. Any Participating City may opt out of this Interlocal
Agreement by giving one hundred twenty (120) days prior written notice of its option to
withdraw to the other Participating Cities and payment in full of any invoices due to a host city
accruing prior to or during the period of such notice. It is the intent, however, that
notwithstanding the withdrawal from this Agreement of any Participating City, that this
Agreement shall remain in full force and effect with respect to any remaining Participating
Cities.
TR 12574
Exhibit 1
ARTICLE VIII
Notices given pursuant to this Interlocal Agreement among Participating Cities, including
the date, time and place of host city Events shall be provided as follows:
Coconut Creek: Michael Heimbach
City of Coconut Creek Utilities Division
4800 Copans Road
Coconut Creek, FL 33063
Coral Springs: Rich Michaud, Public Services Director
City of Coral Springs Public Services
9551 West Sample Road
Coral Springs, Florida, 33065
Fort Lauderdale: Melissa Doyle, Solid Waste Coordinator, Sustainability Division
City of Fort Lauderdale
115 S. Andrews Ave.
Fort Lauderdale, FL 33301
Pompano Beach: Russel Ketchum, Recycling Specialist
City of Pompano Beach Public Works
1201 N.E. 5th Avenue
Pompano Beach, FL 33060
Tamarac: Troy Gies, Budget and Contracts Manager
City of Tamarac Public Services
6011 Nob Hill Road
Tamarac, FL 33321
ARTICLE IX
Except as expressly authorized in this Interlocal Agreement, no modification,
amendment or alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality as this Interlocal
Agreement and executed by each of the Participating Cities.
TR 12574
Exhibit 1
ARTICLE X
Each of the Participating Cities shall comply with all Federal, State, local laws, codes,
ordinances, rules, and regulations in the performance of all duties, responsibilities and
obligations pursuant to this Interlocal Agreement.
IN WITNESS WHEREOF, CITY OF TAMARAC and the Participating Communities have executed
this Agreement the Day and year first above written.
ITY AM
BY:
MICHAEL C. CERNECH, CITY MA GER
\�\IIIIIIII//I"
ATTEST: \`�•� .� PM ..
`l p p,
PATRICIA TEU FEL, CMC, CITY CLEi€ICU .ES�P�96� 00:
APPROVED AS TO FORM: %90
D� G0�`��
OFFICE OF THE CITY ATTORNEY
TR 12873
Exhibit 2
Page I of 2
FIRST AMENDMENT
TO THE INTERLOCAL AGREEMENT
BETWEEN THE CITIES OF
COCONUT CREEK, CORAL SPRINGS, FORT LAUDERDALE, POMPANO BEACH, AND
TAMARAC FOR
HOUSEHOLD HAZARDOUS WASTE DISPOSAL SERVICES
THIS FIRST AMENDMENT to the Interlocal Agreement between the Cities of Coconut
Creek, Coral Springs, Fort Lauderdale, Pompano Beach, and Tamarac ("Participating Cities"),
for Household Hazardous Waste Disposal dated January 23, 2014, ("Interlocal Agreement") is
entered into by and between the parties that formally approve this First Amendment to the
Interlocal Agreement consistent with its provisions and agree to execute and return to the City of
Coconut Creek a signature page bearing the above legend, for each municipal corporation listed
herein, located within Broward County and existing under the laws of the State of Florida.
WHEREAS, the Cities of Coconut Creek, Coral Springs, Fort Lauderdale, Pompano
Beach, and Tamarac, are desirous of amending the Interlocal Agreement for Household
Hazardous Waste Disposal to provide for the inclusion of additional Cities.
NOW, THEREFORE, for and in consideration of the mutual covenants and premises set
forth, the parties agree as follows:
1. Incorporation of Recitals. The parties hereby represent that the above recitals
are hereby incorporated as if fully set forth herein.
2. Revision. The title and first paragraph of the Interlocal Agreement is hereby
amended as follows:
This Interlocal Agreement is entered into by and among the Cities of Coconut
Creek, Coral Springs, Fort Lauderdale, Pompano Beach, affd Tamarac, and
Lauderdale Lakes, all municipal organizations organized and existing under the
laws of the State of Florida, (hereinafter referred to as "Participating Cities").
TR 12873
Exhibit 2
Page 2 of 2
3. Full Force and Effect. All other terms and conditions of the Interlocal Agreement
not expressly modified by this First Amendment thereto remain in full force and effect.
4. Effective Date of First Amendment to the Agreement. This Amendment shall
not be effective until it is signed by all of the Participating Cities.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Agreement to be made and executed by the Participating Cities, signing by and through each
municipality's authorized officer or official duly authorized to execute same by official action
taken, on the date identified on its signature page.
CITY OF TAMARAC
p,M.AR , Har Des ler, Mayor
Date
S� p•��-3
ATTEST: f�O:���� Michael . Cernech, City Mana er
Patricia A. Teufel, CIVIC Date
City Clerk
Date
Ap&od o form and legal sufficiency:
Sren, fy
Attorney
t1% cy,hl
Date
III