HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-092CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2012�
A RESOLUTION OF THE CITY COMMISSION OF
OF TAMARAC, FLORIDA, APPROVING AN INS
AGREEMENT WITH BROWARD COUNTY PROV
RECYCLABLE MATERIAL RECOVERY
AUTHORIZING THE APPROPRIATE CITY OFF
EXECUTE SAID AGREEMENT AND TAKE A
Temp. Reso. # 12232
August 6, 2012
Page 1
THE CITY
ERLOCAL
DING FOR
ERVICES;
CIALS TO
.L STEPS
NECESSARY TO EFFECTUATE THE INTENT OF I HE
RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in the mid-1980s, the state and federal governments have discouraged
the use of landfills as the sole method of disposal of solid waste; and
WHEREAS, the State of Florida via The Energy, Climate Change, and Economic
Security Act of 2008 (House Bill 7135) signed into law by former Governor Crist created
Section 403.7032, Florida Statutes, which established a new statewide recycling goal of
75% to be achieved by the year 2020; and
WHEREAS, the City of Tamarac Strategic Goal #5 "A Vibrant Community" directs
the City to take proactive measures to preserve and enhance community appearance and
maintain a safe built environment; and
WHEREAS, on February 14, 2012 Broward County published RFP R1006601 P1
("RFP") for processing and marketing recyclable materials for Broward County; and
WHEREAS, the County received submissions from two well -established recyclable
processors, namely, Waste Management, Inc. and ReCommunity, Inc.; and
Temp. Reso. # 12232
August 6, 2012
Page 2
WHEREAS, the County convened an Evaluation Committee ("EC")comprised of four
Broward County department or division directors, Troy Gies, Technical Advisory Committee
Chair (City of Tamarac), and the EC was chaired by Elliot Auerhahn, Director of Broward
County Solid Waste and Recycling Services; and
WHEREAS, the EC ranked the submissions and determined the submission by
ReCommunity, Inc. best met the requirements of the RFP, a copy of the Evaluation is
hereto attached as "Exhibit 1 "; and
WHEREAS, Broward approved the EC Rankings and directed Broward County Staff
to negotiate an Agreement with ReCommunity, Inc. for execution by the County in
September with a July 3, 2013 start date; and
WHEREAS, Broward County has developed an Interlocal
Agreement for
municipalities located within Broward County desiring to participate in the RFP for
recyclable material recovery services; and
WHEREAS, City of Tamarac Public Works Staff participated in the proposal
evaluation process and have reviewed the proposed Interlocal Agreement with Broward
County for Recyclable Material Recovery Services and determined this to be advantageous
to the City and consistent with the City's Strategic Goals, the proposed ILA is hereto
attached as "Exhibit 2"; and
WHEREAS, the Director of Public Service and the Director of Financial Services
recommend the City approve and execute an ILA with Broward County for Recyclable
Material Recovery Services; and
Temp. Reso. # 12232
August 6, 2012
Page 3
WHEREAS, the
City Commission of the City of Tamarac, deems it to be in
the
best
interest of the citizens,
residents, and businesses within the City to enter into the
ILA
with
Broward County for Recyclable Material Recovery Services.
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 hereby incorporated herein and
made a specific part of this resolution.
SECTION 2:
The City Commission hereby approves the ILA with Broward
County for Recyclable Material Recovery Services, attached hereto as "Exhibit 2", 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.
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:
passage and adoption.
This Resolution shall become effective immediately upon its
Temp. Reso. # 12232
August 6, 2012
Page 4
40
PASSED, ADOPTED AND APPROVED this day of
MAYOR
ATTEST:
PETER M. J. RICHARDSON, CRM, CMC
CITY CLERK
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO L/Y-O
DIST 1: COMM. BUSHNELL`
DIST 2: COMM. GOMEZ L114
DIST 3: WM GLASSER
DIST 4: COMM. DRESSLER` /
c
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOR
CITY ATTORNEY
92012.
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TR 12232Exhibit
R1006601P1 Recovered Materials Processing Facility
RoCommunity
Waste Management
Holdings It, Inc.
Inc.
1. Qualifications and Exporlence 125 Poln(s) = Total of Qustions 1 THRU 4
POINTS
4
i
1 — General Company Experience -processing, marketing, focildies including single stream, OSHA, code
violations, etc_
Max 25
2 - References - other project profiles
Points per
-
."k
Firm
3 - Project Personnel
4 - Other qualifications and experience
ll. Technical Approach (26 Points)= Total of Qustions 6 THRU 8
;
5 - General Approach - accepting and processing, facilities, subconlraclors, accounting rind reporting
systems, marketing, environmental and other information
a
6 - Transfer Stations - name, address, current land use, facility capauly. traffic management, site plan I
sketch. contingency plans, other into
Max 25
Points per
7 -- Processing Facility - name, address, capacity, current land use, facility capacity, trtffic management, site
Firm
plan I sketch, contingency plans, processing info, expansion and additional material proocessing
8 - Additional information
III_ Transportation Impacts - CalculatedlEotered by Staff
Max 10
Entered by Staff
Entered by Staff
Points
IV. Price • Revenue to County - Calculated/Entered by Staff
Max 40
Entered by Staff
Entered by Staff
Points
TOTAL POINTS
100
Entered by Staff
Entorect by atafi
Vendor Proposed Transportation Impacts
_
Vendor Proposed Price - Revenuo to County
Elliot Auerhahn
q-
RANK
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Signature i L- =
5�t�t� {,
R1006601P1 Recovered Materials Processing Facility
ReCommunity
Waste Management
Holdings II, Inc.
Inc.
I. Qualifications and Experience (25 Points) = Total of Qustions 1 THRU 4
POINTS
i -- General Company Exporionce-processing, markelintg, facilities including si1101e Simon), OSHA, code
violations, etc.
Max 25
2 —References -other protect profiles
Paints per
Firm
3 — Project Personnel
4 — Other qualifications and experience
II. Tochnical Approach (25 Points)= Total of Qustfons 5 THRU 8
- •
_
5 -- General Approach - accepting and processing, facilities, subcontractors, accounting and reporting
systems, marketing, environmental sod ollier information
6 -- Transfer Stations - name, address, current land use, facility capacity, traffic management, silo plan l
sketch, contingency plans, other info
Max 25
Points per
7 -- Processing Facility - name, address, capacity. current land use. facility rapacity, traffic management, site
Firm
plan I sketch, oontingency plans, processing into, expansion and additional maleriai proocessing
8 —Additional information
r
Ill. Transportation Impacts - Calctil,ated/Entered by Staff
Max 10
Points
Entered by Staff
Entered by Staff
IV, Price - Revenue to County - Calculated/Entered by Staff
Max 40
Points
Entered by Staff
Entered by Staff
TOTAL. POINTS
100
Entered by Staff
Entered by Staff
Vendor Proposed Transportation Impacts
Vendor Proposod Price - Revenue to County
Scott Cam pbe
RANK
s,
Sig nature J
4 �•� ''�•
��
R1006601PI Recovered Materials Processing Facility
ReCommunity
Waste Management
Holdings II, Inc.
Inc.
1. Qualifications and Experience (25 Points) a Total of Qustions 9 THRU 4
POINTS
1— General Company Experience -processing, marketing, facilities including single stream, OSHA, code
violations, etc.
Mate 25
2 -- References - other project profiles
Points per
Firm
3 -- Project Personnel
4 -- Other qualifications and experience
11. Technical Approach (25 Points)= Total of Qustlons 5 THRU 8
5 — General Approach - accepting and processing, facilities, subcontractors, accounting and reporting
systems, marketing, environmental and other information
6 — Transfer Stations - name, address, current land use, facility capacity, traffic management, site plan !
sketch, contingency plans, other info
Max 25
Points per
7 — Processing Facility - name, address, capacity, current land use, facility capacity, traffic management, site
Firm
plan 1 sketch, contingency plans, processing info, expansion and additional material prooaessing
8 — Additional information
Ill. Transportation Impacts - CatculatedlEntered by Staff
Max 10
Points
Entered by Staff
Entered by Staff
IV. Price - Revenue to County - Calculated/Entared by Staff
40
Max Points is
Entered by Staff
Entered by Staff
TOTAL POINTS
100
Entered by Staff
Entered by Staff
Vendor Proposed Transportation Impacts
Vendor Proposed Price - Revenue to County
:-' ?}
j}
Dan West
RANK
Fy �'-z
r
`�
SignaturetAl�"
I
R100601P1 Recovered Materials Processing Facility
Rscommunity
Wane Management
Howinge 11, for.
Inc.
I. Qualftaftna and Experience (28 Polrita) o Total of Qustions t THRU 4
POINTB
1 - GenerW Company Exp0rtence�ps me"na marke0g, %dWas Including single stream. OSHA, code
vlolatlons, etc.
0,
2 - References - other project pmflas
poNISIX 25s per
Plan
3 - Prolad Penrannel
4 - Other quakttcations
CH. TechntW Appnoaclt ( Polnte)a TOW of Qw0ons 4 THRU 8
6 - nerel Approsoh - IS n9, fedlltles, subaordrackn, accounting end r+epodin9
me, marketing, wmronmenw and ottler warmation
4 �- Trartater $nation cur - name, address, rent land use, fscliily capacity, trait management, sHe plan
sketch, contingency plans, other info
Max 2s
Points per
7 - Processing Facility - name, address, capacity, current land use, fadllty capacity, traffic management, site
F rn
plan I sketch, coMi ow, eln9Into, nslon anadMonal materiel pr000essing
8, Addlfionat I, ftow allon
111. Tronsportsaon Impaeb - CalcutatedtEntsrsd by Staff
Points
Entered by staff
Entered by Stain
IV. Price -Revenue to County - Cakalatedi8nto by Stxf
Max 40
Ettared by SW
Entered by Staff
TOTAL POINTS
100
Entarad by Staff
Entered by Staff
Vendor Proposed Transportation Impacts
f0
FIC
Vendor Proposed Price - Revenue to County
Cynthia Chambers
RANK
���
-1A
Sign
S nature
/00
TR 12232 Exhibit 1
R1006601PI Recovered Materials Processing Facility
RoCommunity
Waste Management
Holdings 11, Inc.
Inc.
I. Qualifications and Experience (25 Points) = Total of Qustlons 1 THRU 4
POINTS
I - General Company Experience -processing, marketing, facilities including single stream. OSHA. code
violations, etc.
'
r--
Max 25
2 -- References - other project profiles
Points por
Firm
3 - Project Personnel
4 - Other qualifications and experience
It. Technical Approach (25 Points)- Total of Qustions 5 THRU 8
5 - General Approach - accepting and processing, facilities, subcontractors, accounting and reporting
systems marketing, environmental and other information
5 - Transfer Stalions - name, address. current land use, facility capacity, traffic management, site plan 1
sketch, contingency plans, other info
Max 2S
L
-
Points per
7 - Processing Facility - name, address, capacity, current land use, facility capacity, traffic management, site
Firm
plan I sketch, contingency plans, processing info, expansion and additional material proocessing
'
8 - Additional information
!
i
Ill. Transportation Impacts - Calculated/Entered by Staff
Max 10
Poi nts
Entered by Staff
Entered by Staff
IV. Prico - Revonue to County - CalcufatedlEntore d by Staff
Max 40
Points
Entered by Staff
Entered by Staff
TOTAL POINTS
100
Entered by Staff
Entered by Staff
Vendor Proposed Transportation impacts
Vendor Proposed Price - Revenue to County
Troy Gies
RANK
4-' CO c�'
F•. ���
Signature
!TR 12232 Exhibit 2
Page I of 1
INTERLOCAL AGREEMENT
Between
BROWARD COUNTY
and
C l TY/TOW N OF r f
for
RECYCLABLE MATERIALS RECOVERY
This is an Interlocal Agreement ("Agreement"), dated � ` , { made and
entered into by and between: BROWARD COUNTY, a political` subdivision of the State
of Florida, hereinafter referred to as "COUNTY";
and
.Y
CITY/TOW N OF `3 esta
Florida, hereinafter each referred to as "CITY."
blished under the laws of the State of
WHEREAS, the Florida Solid Waste Management Act directs counties and
municipalities to reduce their solid waste stream and recycle designated materials; and
WHEREAS, the State of Florida has stipulated that counties reach a 75%
recycling goal by 2020; and
WHEREAS, COUNTY and CITY recognize the beneficial economics of
cooperative initiatives; and
WHEREAS, COUNTY and CITY agree that a privatized service agreement
affords the best opportunity to ensure a sound recycling market strategy; and
WHEREAS, COUNTY advertised a Request for Proposals for a Recovered
Material Processing Facility, RFP #R1006601 P1 ("RFP"), for processing and marketing
recyclable materials for the COUNTY and those municipalities located in Broward
County desiring to participate as provided in the RFP; and
WHEREAS, COUNTY established and participated in an evaluation process and
shall enter into contract with terms and conditions substantially similar to the RFP with a
vendor ("CONTRACTOR"); and
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Paige 2 of 13
WHEREAS, the proposal submitted by CONTRACTOR included geographically
dispersed reception sites, a central processing facility, and an average price share that
exceeds net revenues currently returned to Prior Contract Communities; and
WHEREAS, this Agreement is entered into pursuant to Section 163.01, Florida
Statutes, as may be amended from time to time, and prior to its effectiveness shall be
filed as provided by Section 163.01(11), Florida Statutes; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises and covenants
hereinafter set forth, COUNTY and CITY agree as follows:
ARTICLE 1
DEFINITIONS AND IDENTIFICATIONS
For purposes of this Agreement, reference to one gender shall include the other, use of
the plural shall include the singular, and use of the singular shall include the plural. The
following definitions apply unless the context in which the word or phrase is used
requires a different definition:
1.1 Agreement — Means this document, Articles 1 through 10, inclusive. other terms
and conditions are included in the exhibits and documents that are expressly
incorporated by reference.
1.2 Board —The Broward County Board of County Commissioners.
1.3 City Contract Administrator — . The primary responsibilities of the
City Contract Administrator are to coordinate and communicate with COUNTY
and to manage and supervise execution and completion of the terms and
conditions of this Agreement as set forth herein. In the administration of this
Agreement, as contrasted with matters of policy, all parties may rely on the
instructions or determinations made by the City Contract Administrator.
1.4 County Contract Administrator - The Director of the Broward County Solid Waste
and Recycling Services. The primary responsibilities of the County Contract
Administrator are to coordinate and communicate with CITY and to manage and
supervise execution and completion of the terms and conditions of this
Agreement as set, forth herein. In the administration of this Agreement, as
contrasted with matters of policy, all parties may rely on the instructions or
determinations made by the County Contract Administrator.
1.5 County Administrator —The administrative head of County pursuant to Sections
3.02 and 3.03 of the Broward County Charter.
2
Page 3of`:
9.6 County Attorney — The chief legal counsel for froward County who directs and
supervises the Office of the County Attorney pursuant to Section 2.10 0# the
Broward County Charter.
1.7 Prior Contract Community ---- A municipal corporation existing under the laws of
the State of Florida, located within Broward County, that entered into that certain
agreement entitled "An lnterlocal Agreement with Broward County for Solid
Waste Disposal Services," dated for convenience November 25, 1986, as
amended. The unincorporated area of Broward County shall be treated in all
respects as a Prior Contract Community under the terms and conditions of this
Agreement.
1.8 Program Materials - Includes newspapers and inserts; mixed paper (including,
magazines, catalogs, office paper, shredded paper, envelopes, junk mail,
chipboard, phonebooks and kraft bags); corrugated cardboard; glass food and
beverage containers (clear, brown, green); aluminum cans; Steel and bimetal
food and beverage containers; aerosol cans; plastics (including plastic bottles,
containers and packages made from various resins including PETE, HDPE, PVC,
LDPE, PP, PS and other plastics, codes #1 through #7); aseptic or polycoated
food and beverage containers; and other recyclables which may be designated, if
mutually agreed to by the COUNTY and CONTRACTOR for separation,
collection and/or processing as part of the program if additional Recyclable
Materials and viable markets are identified.
1.9 Program- Recyclables — Means Program Materials which are generated from
residential units and local governmental entities within Broward County which are
collected by the COUNTY, haulers, or as a result of an agreement between the
COUNTY and any other government entity located in the COUNTY, provided that
the Program Materials are actually generated by the governmental entity.
1.10 Recovered Materials Processing Facility or "RMPF" -- The facility or facilities
designated for the processing of recovered materials in the RMPF Contract.
1.11 RMPF Contract — The agreement entered between COUNTY and
CONTRACTOR as a result of the RFP, including any amendments.
1.12 RMPF Request for Proposals — That certain Request for Proposals for a
Recovered Material Processing Facility, RFP #R1006601 P1.
1.13 Single -Stream Recycling — A recycling process in which all Program Materials
are collected together with no sorting required by residents.
1.14 Unincorporated County — the geographical areas of Broward County that are not
within the boundaries of any municipal corporation.
K
Page 4 of 13
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ARTICLE 2
TERM AND TIME OF PERFORMANCE
2.1 The term of this Agreement shall begin on the date it is fully executed by both
parties ("Effective Date") and shall end on September 30, 2023; provided,
however, if the term of this Agreement extends beyond a single fiscal year of
COUNTY, the continuation of this Agreement beyond the end of any fiscal year
shall be subject to both the appropriation and the availability of funds in
accordance with Chapter 129, Florida Statutes.
2.2 If CITY is a
Prior Contract
Community, then the commencement
date of
responsibilities
and obligations
under this Agreement shall be on July 3,
2013. If
CITY is not a
Prior Contract
Community, then the commencement
date of
responsibilities
and obligations
under this Agreement shall be October 1,
2013.
ARTICLE 3
COUNTY'S OBLIGATIONS
3.1 COUNTY shall proceed with finalization of an RMPF Contract the incorporating
criteria for contractor capabilities and facility/reception location. Terms of the
RMPF Contract shall be substantially similar to the RFP.
3.2 COUNTY shall administer the RMPF Contract.
3.3 COUNTY agrees to pay to CITY on a quarterly basis, net revenues generated
from the sale of Program Recyclables on the basis of actual tonnage and
composition of materials delivered to the RMPF by the CITY, except that
COUNTY shall retain the Recycling Program Support Fee, as described in
Paragraph 5 herein. Payments to CITY shall occur no later than 00 days after
the end of each quarter.
3.4 COUNTY shall provide regional advertising of the RMPF program.
3.5 COUNTY shall provide technical support to CITY to promote recycling, including
site -specific efforts at multifamily developments.
3.6 COUNTY shall provide quarterly reports to CITY on program activities,
participation, and associated costs.
3.7 COUNTY shall
prepare
and submit an annual State
Report, as
required under
Section 02-71 G,
Florida
Administrative Code, on solid
waste and
recycling.
51
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Page 5 of 13
ARTICLE 4
CITY'S OBLIGATIONS
4.1 CITY agrees to cause the terms and conditions of any agreement that it may
have with a hauler of Program Recyclabies to conform with the terms of this
Agreement.
4.2 City agrees to deliver or cause to be delivered all Program Recyclables from
within the City to the facility/facilities as designated in the RMPF Contract.
4.3 City agrees to provide a city liaison for cooperative program development,
outreach and promotional activities.
4.4 CITY agrees to conduct municipal -based outreach and promotion for cooperative
recycling programs.
4.5 CITY agrees to ensure all trucks delivering to RMPF from CITY are properly
identified.
ARTICLE 5
RECYCLING PROGRAM SUPPORT FEE
5.1 COUNTY. shall retain the Recycling Program Support Fee from net revenues,
which shall be equal to ten percent (10%) of net revenues, but not to_ exceed
$150,000.00 quarterly in aggregate for all municipalities participating as provided
in the RFP, beginning on October 1, 2013 for the remaining years of the RMPF
Contract.
5.2 The Recycling Program Support Fee shall be used by COUNTY for the purposes
of contract administration and the support of programs to enhance recycling,
including the provision of technical support for CITY recycling activities.
ARTICLE 6
GOVERNMENTAL IMMUNITY
Nothing herein is intended to serve as a waiver of sovereign immunity by any party nor
shall anything included herein be construed as consent to be sued by third parties in
any matter arising out of this Agreement or any other contract. Both parties are state
agencies or political subdivisions as defined in Chapter 768.28, Florida Statutes, and
agree to be fully responsible for the acts and omissions of its respective agents or
employees to the extent permitted by law,
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Page 6oi-13
ARTICLE 7
INSURANCE
Both parties are entities subject to Section 768.28, Florida Statutes, and both parties
shall furnish the Contract Administrator of the other party with written verification of
liability protection in accordance with state law prior to final execution of said
Agreement.
ARTICLE 8
TERMINATION
This Agreement may be terminated for cause by the aggrieved party if the party in
breach has not corrected the breach within ten (10) days after written notice from the
aggrieved party identifying the breach. This Agreement may also be terminated by the
County Administrator upon such notice as the County Administrator deems appropriate
under the circumstances in the event the County Administrator determines that
termination is necessary to protect the public health or safety. CITY may terminate this
agreement if COUNTY has not executed an RMPF Contract, substantially similar to the
RFP by January 1, 2013.
ARTICLE 9
EEO COMPLIANCE
Both parties shall not unlawfully discriminate on the basis of race, color, national origin,
sex, religion, age, marital status, political affiliation, familial status, disability, sexual
orientation, pregnancy, or gender identity and expression in the performance of this
Agreement, the solicitation for or purchase of goods or services relating to this
Agreement, or in subcontracting work in the performance of this Agreement and shall
not otherwise unlawfully discriminate in violation of the Broward County Code, Chapter
161/2, as may be amended from time to time. Both parties shall include the foregoing or
similar language in its contracts with any subcontractors or subconsultants, except that
any project assisted by the U.S. Department of Transportation funds shall comply with
the non-discrimination requirements in 49 C.F.R. Parts 23 and 26, as amended. Failure
to comply with the foregoing requirements is a material breach of this Agreement, which
may result in the termination of this Agreement or such other remedy as the non -
breaching party deems appropriate.
Both parties shall not unlawfully discriminate against any person in its respective
operations and activities or in its use or expenditure of funds in fulfilling its respective
obligations under this Agreement. Both parties shall affirmatively comply with all
applicable provisions of the Americans with Disabilities Act (ADA) in the course of
fulfilling its obligations under this Agreement, including Titles I and li of the ADA
(regarding nondiscrimination on the basis of disability), and all applicable regulations,
guidelines, and standards. In addition, both parties shall take affirmative steps to
ensure nondiscrimination in employment against disabled persons.
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P a g e s _.Y
By execution of this Agreement, both parties represent that it has not been placed on
the discriminatory vendor list (as provided in Section 287.134, Florida Statutes, as may
be amended from time to time). Each party hereby materially relies on such
representation by the other party in entering into this Agreement. An untrue
representation of the foregoing shall entitle the other party to terminate this Agreement.
10.1 RIG
ARTICLE 10
MISCELLANEOUS
> IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents
provided or created in connection with this Agreement are and shall remain the
property of the party that created same and will be available to the other party for
inspection or use at no cost; provided that nothing herein shall prevent or restrict
the owner of the documents from lawfully destroying or lawfully disposing of any
such documents.
10.2 AUDIT RIGHT AND RETENTION OF RECORD!
Each party shall have the right to audit the books, records, and accounts of the
other party that are related to this Agreement. CITY and COUNTY shall keep
such books, records, and accounts as may be necessary in order to record
complete and correct entries related to this Agreement. CITY and COUNTY shall
preserve and, upon request, make available, at reasonable times for examination
and audit by the other- party, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Agreement for the
required retention period of the Florida Public Records Act, Chapter 119, Florida
Statutes; as may be amended from time to time, if applicable, or, if the Florida
Public Records Act is not applicable, for a minimum period of three (3) years
after the document or record carve into existence. If any audit has been initiated
and audit findings have not been resolved at the end of the retention period or
three (3) years, whichever is longer, the books, records, and accounts shall be
retained until resolution of the audit findings.
10.3 INDEPENDENT CONTRACTOR
CITY and COUNTY are independent contractors under this Agreement. Services
provided by each party pursuant to this Agreement shall be subject to the
supervision of that party. In providing such Services, each party, its respective
officers, employees, or agents are not authorized to and shall not act as officers,
employees, or agents of the other party. No partnership, joint venture, or other
joint relationship is created hereby. Neither party extends to the other party or its
respective agents any authority of any kind to bind it in any respect whatsoever.
7
10.4 THIRD PARTY
ENEFICIARIES
Page 8 of - 3--
Neither CITY nor COUNTY intends to directly or substantially benefit a third party
by this Agreement. Therefore, the parties agree that there are no third party
beneficiaries to this Agreement and that no third party shall be entitled to assert a
right or claim against either of them based upon this Agreement.
10.5 NOTICES
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or sent by commercial express carrier with acknowledgement of
delivery, or by hand delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified. The place for giving notice shall remain the
forth herein until changed in writing in the manner provided in this
the present, the parties designate the following:
FOR COUNTY:
County Administrator
Governmental Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
With a copy to:
Director, Waste and Recycling Services
One North University Drive, Suite 400
Plantation, Florida 33324
FOR CITY:
10.6 ASSIGNMENT AND PERFORMANCE
same as set
section. For
Neither this Agreement nor any right or interest herein shall be assigned,
transferred, or encumbered without the written consent of Contract Administrator
of the other party.
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Page 9 of 3
10.7 CONFLICTS
Neither party nor its employees shall have or hold any continuing or frequently
recurring employment or contractual relationship that is substantially antagonistic
or incompatible with that party's loyal and conscientious exercise of judgment
and care related to. its performance under this Agreement.
Neither party nor its officers or employees shall, during the term of this
Agreement, serve as an expert witness against the other party in any legal or
administrative proceeding unless they are a party in such proceeding or
compelled by court process. Further, the parties agree that such persons shall
not give sworn testimony or issue a ,report or writing, as an expression of his or
her expert opinion, which is adverse or prejudicial to the interests of the other
party in connection with any such pending or threatened legal or administrative
proceeding unless compelled by court process. The limitations of this section
shall not preclude either party from representing themselves, including giving
expert testimony in support thereof, in any action or in any administrative or legal
proceeding.
10.8 MATERIALITY AND WAIVER OF BREACH
COUNTY. and CTY agree that each requirement, duty, and obligation set forth
herein was bargained for at arms -length and is agreed to by the parties in
exchange for _quid pro quo, that each is substantial and important to the formation
of this Agreement and that each is, therefore, a material term hereof.
Neither C11Ys, nor COUNTY's failure to enforce any provision of this Agreement
shall not be deemed a waiver of such provision or modification of this Agreement.
A waiver of any breach of a provision of this Agreement shall not be -deemed a
waiver of any subsequent breach and shall not be construed to be a modification
of the terms of this Agreement.
10.9 COMPLIANCE WITH LAWS
Both parties shall comply with all applicable federal, state, and local laws, codes,
ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Agreement.
10.10 SEVERANCE
In the event a portion of this Agreement is found by a court of competent
jurisdiction to be invalid, the remaining provisions shall continue to be effective
unless COUNTY or CITY elects to terminate this Agreement. An election to
terminate this Agreement based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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Page 10 of 13
10.11 JOINT PREPARATION
Each party and its counsel have participated fully in the review and revision of
this Agreement and acknowledge that the preparation of this Agreement has
been their joint effort. The language agreed to expresses their mutual intent and
the resulting document shall not, solely as a matter of judicial construction, be
construed more severely against one of the parties than the other. The language
in this Agreement shall be interpreted as to its fair meaning and not strictly for or
against any party.
10.12 PRIORITY OF PROVISIONS
If there is a conflict or inconsistency between any terns, statement, requirement,
or provision of any exhibit attached hereto, any document or events referred to
herein, or any document incorporated into this Agreement by reference and a
term, statement, requirement, or provision of Articles 1 through 10 of this
Agreement, the term, statement, requirement, or provision contained in Articles 1
through 10 shall prevail and be given effect.
10.13 JURISDICTION, VENUE, WAIVER OF JURY TRIAL
This Agreement shall be interpreted and construed in accordance with and
governed by the taws of the state of Florida. All parties agree and accept that
jurisdiction of any controversies or legal problems arising out of this Agreement,
and any action involving the enforcement or interpretation of any rights
hereunder, shall be exclusively in the state courts of the Seventeenth Judicial
Circuit in Broward County, Florida, and venue for litigation arising out of this
Agreement shall be exclusively in such state courts, forsaking any other
jurisdiction which either party may claim by virtue of its residency , or other
jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CITY AND
COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY
HAVE TO A TRIAL BY JURY of ANY CIVIL LITIGATION RELATED TO THIS
AGREEMENT,
10.14 AMENDMENTS
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 Agreement and executed by the Board and
CITY or others delegated authority to or otherwise authorized to execute same
on their behalf.
10
► » f r
10.15 PRIOR AGREEMENTS
This document represents the final and complete understanding of the parties
and incorporates or supersedes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein. The parties agree that there is no commitment, agreement, or
understanding concerning the subject matter of this Agreement that is not
contained in this written document. Accordingly, the parties agree that no
deviation.from the terms hereof shall be predicated upon any prior representation
or agreement, whether oral or written.
10.16 PAYABLE INTEREST
10.16.1 Payment of Interest. Except as required by the Broward County
Prompt Payment Ordinance, COUNTY shall not be liable for interest
for any reason, whether as prejudgment interest or for any other
purpose, and in furtherance thereof SECOND PARTY waives, rejects,
disclaims and surrenders any and all entitlement it has or may have to
receive interest in connection with a dispute or claim based on or
related to this Agreement.
10.16.2 Rate of Interest. In any instance where the prohibition or limitations of
Section 10.18.1 are determined to be invalid or unenforceable, the
annual rate of interest payable by COUNTY under this Agreement,
whether as prejudgment interest or for any other purpose, shall be .025
percent simple interest (uncompounded).
10.17 INCORPORATION BY REFERENCE
The truth and accuracy of each "Whereas" clause set forth above is
acknowledged by the parties.
10.18 REPRESENTATION OF AUTHORITY
Each individual executing this Agreement on behalf of a party hereto hereby
represents and warrants that he or she is, on the date he or she signs this
Agreement, duly authorized by all necessary and appropriate action to execute
this Agreement on behalf of such party and does so with full legal authority.
10.19 MULTIPLE ORIGINALS
Multiple copies of this Agreement may be executed by all parties, each of which,
bearing original signatures, shall have the force and effect of an original
document.
110
A
IN WITNESS WHEREOF, the parties hereto have made and executed the Agreement
on the respective dates under each signature: BROWARD COUNTY through its
BOARD OF COUNTY COMMISSIONERS, signing by and through its County
A inistrator, authorized to execute same b BOARD action on the�-�C�`da of
Yy
201 , and each CITY signing by and through officers dulyauthorized
to 6 ute same.
.. . 2
So
COUNTY CREATED
WITNESSES:
Insurance requirements
approved by Broward County
Risk Management Division
Risk Managerre j
Jacqueline A. Binns
Risk Insurance and
Contracts Manager
PAB:dmv
06/18/12
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12
a : 10 OCT 1 St
B ROWARD COUNTYthjQLW
its County Administrator �P
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By:
Approved as to form by
Joni Armstrong Coffey
Broward County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (954) 357-7600
Telecopier: (954) 357-6968
N
By
Noel M. Pfeffer (Date)
Deputy County Attorney
agc- ,71 3 0,�f*
i.
flNTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND CITY/TOWN OF
FOR RECYCLABLE MATERIALS RECOVERY.
City Clerk \ r °
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APPROVES � TO QR
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Dated: t.� 21
City Attorney
CITY
By:
Dated. day of
13
, Mayor