HomeMy WebLinkAboutCity of Tamarac Resolution R-95-1981
Temp. Reso. #7195
Revised 9/5/95
CITY OF TAMARAC, FLORIDA Q
RESOLUTION NO. R-95- OF
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE SETTLEMENT
OF THE LAWSUIT BETWEEN WASTE MANAGEMENT, INC.
OF FLORIDA VS. THE CITY OF TAMARAC, CASE NO. 95-
000919(14); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to settle the lawsuit
between Waste Management, Inc. of Florida vs. the City of Tamarac, Case No. 95-
000919(14) consistent with the terms expressed in the correspondence attached hereto
as "Exhibit 1"; and
WHEREAS, the City of Tamarac, Florida is interested in settling the lawsuit brought
by Waste Management with each party to bear its own attorney's fees and costs.
WHEREAS, it is the recommendation of the City Attorney and City Manager that the
agreement they negotiated be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to execute
1
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Temp. Reso. #7195
Revised 9/5/95
the settlement of the lawsuit between Waste Management, Inc. of Florida vs. the City of
Tamarac, Case No. 95-000919(14) consistent with the terms and conditions expressed in
the correspondence attached hereto and made a part hereof as "Exhibit 1".
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
-SECTIQN 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.
$ =ION 5- This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this /J Oav of
ATTEST:
CAROL A. EVANS J Ctit C_
City Clerk
I 7HRRY7RTIFYLthalt I have
a UTION as to
MITCHELL S. KRAFT
City Attorney
Waste Mgmnt Lawsult/rkt
ti1995.
RECORD OF COMN
MAYOR ABRAMOW�
D],ST. 1: V / M KATZ
2: COMM. MIS^HKIN
G+ 3: CQMM. SCHREIBER
D,CT. 4: COMM. MIACHEK
VOTE
AUG-25-95 FRI 16:40
12�
LAW OFFICES
•
CJ
C7�
RONALD P. AN8ELM0
SGOTT R. ANSLLMO
MICNAELT.QURRI
CNRISTINE M. DUIONAN
LAWRENCE J. FEINST91N
SUµ F. G[ORGE
J£FfRf1'L. HOCHMAN
1.OTVdG aeNw�oN
RICNARD N. MaDUFF
ELIZA69TH 6_ MONUGN
ROBERT E. MURDOCN
MfCJ4AEL R- PIPER
RIVIS TRIOOSOFF
JOHNSON7 ANSELM09 MURDOCH, BURKE & GEORGE
A PROFESSIONAL ASSOCIATION
August 25, 1995
Mitchell Kraft, Esq.
City Attorney
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
Re: Waste Management,
your File L95-002
our File 95-060
Dear Mr. Kraft:
QUITE 400
700 EAST BROWARO QOU"VANO
PORY L,ODS=AL& TLAA:DA 21a011
FAAlLIND ADD11ISST
p05T OFFICE BOX 080220
FORT LAUJ)ORMALi, sLON50A 23301-0220
TELECO/IER 16061 463-2444
TELEPHONE! {5061403.0100 - Q,awa,d
13061 546.2000 - Dada
14*71640-74414 •VIP%
VIA FAC IMILE
(724-2454)
Inc. of Florida vs. City of Tamarac
EBJ
It is my understanding that the proposed settlement of the
lawsuit filed by Waste Management against the City of Tamarac for
monies allegedly due to Waste Management on the joint recycling
contract will be placed on the City Commission agenda of September
13, 1995.
It is also my understanding that the terms of the settlement
are contained in the August 14, 1995 letterwelro fromRobert
oMb7C rtUS S.
NOOito
Dennis Urbanski of Waste Management,
as letter of August 15, 1995. The terms of the settlement will
include a dismissal of the lawsuit by Waste Management with each
party to bear its own attorney's fees and costs. in addition, the
City of Tamarac will pass the proposed ordinance allowinant between
execution of an Addendum to the February 4,
1993 the City of Tamarac and Waste Management, Inc. for the furnishing
id waste collection servicear as
of reiBetm forth a in the 1proposed ordinance fully
more Cully and Addendum
attached hereto.
We have obtained a continuance of the trial of this action
pending City Commission approval of the proposed settlement, as
well as the ordinance and Addendum to the February 24, 1993
Agreement between the City of Tamarac and Waste Management.
"EXHIBIT 1" - Temp. Reso. #7195
AUG-25-95 FRI 16:41 JOHNSON ANSELMU
Mitchell Kraft, Esq. ,
August 25, 1995
. page -2-
please advise of the City Commission's decision at its meeting
on september 13, 1995.
Yours very truly:
B . Bru'oe C
For tl Fi
BBJ:sg
Encls.
0
JOHNSON, ANSELMO, MURDocH, BURICE & GEORGE, P-A,
•
296 P02 RUG 29,95 1.0 = 39
,-,iduthern Sanitation Service
3831 N.W.21stAvenue
Pompano Beach, FL 33073
• (305) 974-7500
August 29, 1995
Mr. Robert Noe
City Manager
Cityof Tamarac
7525 N. W. 88th Avenue
Tamarac, FL 33321-2401
Dear Mr. Noe:
k
OQ- A Waste Management Company
NV FF 1-7
05 5 AUG 29 A10 : 5 5
CIT . .
`
Ci 1 Y i iar�AuLt(
As a point of clarif cation, the C.P.I. waiver on the multifamily solid waste contract applies for'the
effective dates January 1, 1996 and January 1, 1997.
• Sincerely,
OOC:Za7
•
Anthony L. Correnti
Division Vice President and Senior Controller
A.Crk
0 a division of Waste Management Inc. of Florida
168 P02 AL1G 15995 09 s `F'4
� 0
9
Southern Sanitation Service `
3831 N.W. 21st Avenue
Pompano Beach, FL 33073
(305) 974-7500
August 15, 1995
f Mr. Robert Noe
City Manager
City of Tamarac
7525 N. W. 88th Ave.
Tamarac, FL 33321-2401
Dear Mr. Not:
AWN A Waste Management Company
%V
a
G�7
V 1
1, ..
�ry r
��
ca
We are in receipt of your August 14th letter regarding the settlement of our lawsuit-
I agree with your summarization of the key points of our recently concluded negotiations on resolving
our lawsuit. However, I believe as a point of clarification, it is necessary to point out that we'also
venally agreed that the four (4) year extension of our contract at its current termination will include
a three (3) year option to renew as provided for in the existing agreement. Should you disagree with
the addition of this statement to your letter of understanding, please let me know.
I have instructed Kevin O'Grady to contact your attorney in order to formally notify the court of our
agreement pending the approval of your City Commission.
Sincerely,
ennis (Urbans1d
Division President and General Manager
DU/jk
cc: 7. waters
K. O'Grady, Esq.
o.
M. Kraft. Esq.
T. Correrld
0 a division of Waste Management Inc. of Florida
AUG-25-95 FRI 16:41
F. V4
ze
M -
Rnperr S. Noe, Jr.
City Manager
0
JOHNSON ANSEL 0�.�, f� G� �/ FAX NO. 3054632444
City of Tamarac
Tele M.W. 8 (3 Ave1230 •+ FCac simileodd0= 724-24S4
Telephone: C3C>a�
Mr. Dennis Urbsnski
General Manager
Southem Sanitation
A Division of Waste Mgmt, Inc. of Fla.
3831 N.W.21stAvenue
Pompano Beach, FL 33073
Dear Mr. Urbanski:
August 14, 1995
IEETIN���
Nam=M A&0M0witt Maya
Who VOW. Vice mom
shumn Mac hok
!.arty mm*h
Joe selre*w
This is to confirm that the City Attorney and I will recommend to the Tamarac
City Commission the settlement of the suit that you have filed against the City by
recommending Option 01 in Mr. Correnfs letter, dated August 10, 1995.
The important points in the proposed settlement are: 1. that each side agrees to
pay its own legal expenses and costs, 2. that the City Commission extend your existing
multi -family contract for four years after its cunwd termination, 3. that you will efiminate
caster charges for all mull! -family units, 4. that you will waive the GPI increase for which
you are entitled for 1996 and 1996.
1 believe that this is the essence of what we have agreed to and what we will
recommend to the City Commission. If there is any difference whatsoever in what we
have agreed to verbally and what Is contained In this letter, please advise me
immediately.
This will be presented to the City Commission at its meeting on September 13.
1996 for Its consideration. if you have questions or would like to discuss this please let
me know.
cc: City Attomey
very truly yours,
DNA- 5. f)
Robert S. Noe, Jr.
equa oppww" em"w
q--60�(:)
;outhern Sanitation Service
3831 N.W. 21st Avenue
Pompano Beach, FL 33073
(305) 974-7500
August 10, 1995
Mr. Robert S. Noe, Jr.
City Manager
City of Tamarac
7525 N. W. 88 Avenue
Tamarac, FL 3321-2401
Dear Mr. Noe:
A Waste Management CompanY
As a follow-up to yesterdays meeting, I have prepared the attached worksheets which support the
savings agreed upon by both the City staff and Southern Sanitation
The agreed upon terms were based on a four (4) year extension of our solid waste multifamily
contract with the elimination of caster charges as well as waiver of our lawsuit. The only outstanding
issue was the resolution as to the best scenario in providing the savings. In doing so, we have
developed two (2) options for the City to consider.
Option 1 - No C.P.1. in 1995 and 1996
Option 2 - Immediate reduction in rate of S.44 per yard upon extension of contract.
in view of the upcoming mediation, Dennis would like to receive a response by noon on Monday,
August 14th.
Ifyou have any questions regarding the computations, please call me at extension 203.
Sincerely,
l
Anthony L. Con -anti
Vice President and Senior Controller
cc: M. Kraft, Esq.
D. McDermott
IL O'Grady, Esq.
J. waters
D. Urbanski
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a dMsion of Waste Management Inc. of Honda
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