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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