HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-222Temp. Reso. #9100
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August 10, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000- A,2a
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO PURSUE NEGOTIATIONS TO RENEW
THE EXISTING AGREEMENT WITH WASTE MANAGEMENT
FOR FURNISHING MULTIFAMILY SOLID WASTE
COLLECTION SERVICE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on September 29, 1995, the City of Tamarac and Waste Management,
Inc. entered into an agreement providing for Residential Multifamily Solid Waste Collection
Service; and
WHEREAS, the existing agreement expires on December 21, 2001; and
WHEREAS, Section 4.3 of the agreement provides for renewal of the agreement
for one (1) three (3) year period by action of the City Commission and Contractor during
the month of July 2000; and
WHEREAS, at its July 10, 2000 Workshop Meeting the City Commission
provided an expression of interest for staff to enter into negotiations for renewal of the
agreement and for the City Manager to prepare a letter of understanding between the
parties outlining the criteria for potential renewal of the existing agreement; and
WHEREAS, on July 26, 2000 the parties signed the letter of understanding dated
July 25, 2000, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the City Manager recommends that negotiations with Waste
Management, Inc. for renewal of the agreement be pursued; and
Temp. Reso. #9100
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August 10, 2000
WHEREAS, the City Commission deems it to be in the best interest of the citizens
and residents of the City of Tamarac to authorize the appropriate City Officials to pursue
negotiations with Waste Management, Inc. to extend the existing agreement for an
additional three (3) year period, based upon the criteria outlined in the letter of
understanding dated July 25, 2000, attached hereto as Exhibit A, to approve the terms set
forth in the letter of understanding and to ratify all action taken by staff pursuant to an
expression of interest by the City Commission at the July 10, 2000 City Commission
Workshop Meeting.
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.
SECTION 2: The appropriate City Officials are hereby authorized to pursue
potential renewal of the agreement between the City of Tamarac and Waste Management,
Inc., for multifamily solid waste collection service pursuant to the criteria outlined in the July
25, 2000 letter of understanding between the parties, signed and dated July 26, 2000
attached hereto as Exhibit A, and made part hereof, effective nunc pro tune to July 10,
2000.
SECTION 3: All actions taken by staff to pursue negotiations with Waste
Management, Inc. pursuant to an expression of interest by the City Commission at the July
10, 2000 City Commission Workshop meeting are hereby ratified and approved.
Temp. Reso. #9100
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August 10, 2000
SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 93dday of , 2000.
ATTEST:
MARION SWENSON, CMC
City Clerk
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MITCHELL S.
City Attorney
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Temp Reso. # 9100
Exhibit A
°R' Cityof Tamarac
c
7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401
Telephone: (954) 724-1230 - Facsimile (954) 724-2454
Jeffrey L. Miller
City Manager
jeffm@tamarac.org
July 25, 2000
Mr. Tony Spadaccia, Director
Government Affairs
Waste Management
3831 NW 21 Avenue
Pompano, FL 33073
Re; Residential Multi -family Solid Waste Collection Service Agreement
Dear Mr. Spadaccia,
At its July 10th Workshop Meeting, the City Commission directed staff to enter into
renewed negotiations with Waste Management, pursuant to section 4.3 of the above
referenced agreement.
This letter outlines the process for the renewal of the above referenced agreement.
Please keep in mind that the City is not obligated to renew the current agreement. The
Commission has stipulated that the issue of contract renewal be revisited within the next
six (6) months. While the Commission has directed staff to continue negotiations, the
City's decision as to whether or not to renew the agreement will be dependent upon
Waste Management's implementation of and adherence to the corrective actions
outlined in your letter of July 6, 2000, results of the upcoming audit, the resolution of
certain issues and deficiencies identified in previous meetings and correspondence
including the timely and accurate payment of all future franchise fees, and the ability to
expand the current level of service to include bulk pick up.
Your letter of July 6, 2000 (which is attached and incorporated as part of this letter of
understanding) outlined certain steps to be taken by Waste Management to address the
issues and concerns previously identified by staff. While you included documentation to
substantiate the agreed upon CPI increase of 3%, you did not include an amended rate
schedule as required by the agreement. It is my understanding that Jean Dupuis again
Equal Opportunity Employer
contacted you on July 12th to request this item. At such time as this information is
received, we will place the increase on the agenda for Commission approval.
Section 4.3 of the existing agreement provides for the action of both parties during the
month of July 2000 in order to exercise the renewal option. Please note your
agreement and acceptance of the terms and conditions outlined above and in your July
6th letter by your signature below. Please return one original letter.
Sincerely,
44w--tr
Jeffrey L. Miller
City Manager
/dp
Waste Management agrees to the terms and conditions for negotiating a potential
renewal of its existing franchise agreement with the City of Tamarac as outlined in this
letter and in Waste Management's correspondence to Tamarac dated July 6, 2000.
LAgreed: 6 100
Sign a re Date
WASTE MANAGEMENT
3831 NW 21st Avenue
Pompano Beach, FL 33073
(954) 974-7500
July 6, 2000
Jeff Miller
City Manager
City of Tamarac
7525 NW 88'h Avenue
Tamarac, FL 33321-2401
Dear Jeff,
Thank you for meeting with Phil Morris and myself on Wednesday, July 5, 2000. We
appreciate the opportunity to reply to the issues and concerns at hand.
As we discussed, Waste Management has struggled with the conversion to a new
computer system and billing program. This new program, quite frankly, has been
difficult and had left a lot to be desired. Never the less, we have worked diligently to
overcome these problems and at no time was our service to the community an issue. In
fact, it has remained quite good and is a service that the residents have come to rely on.
We have taken steps to address the issues at hand as follows.
Tardy franchise fee payments were the results of the same billing system change that we
underwent. We have taken steps to ensure timely payments of these fees. Mr. Tony
Masiulus (our controller) or his designee will be responsible for the monthly calculations
and timely disbursements of fees to the city. Fees will be paid within thirty days of the
month following services rendered.
Billing issues, questions and concerns have been assigned to a representative who will be
your "go to" guy for the City of Tamarac. This representative is Sam Carey. Questions
such as "roll -out" fees, extra service, or whatever may be directed to this person. By the
way, as a result of our meeting and review of our notes, we discovered that the "roll -out"
fee has been incorrectly charged and was less than the approved rate schedule. We will
notify those effected of this error.
Our customer service, sales and billing departments have settled in and will be better
equipped to respond to all questions regarding our services, Familiarity with the system
and improved training will continue to enhance our ability to better service our
customers.
WASTE MANAGEMENT
3831 NW 21se Avenue
Pompano Beach, FL 33073
(954) 974.7500
Bulk pick-up for our contract communities is a service we are committed to providing.
We would however, request additional time so we can meet with staff and representatives
from the various associations to get their input and establish a plan that is both cost-
effective and accomplishes the need and requirements of each of the communities. Given
the shortness of our time to respond and to address the issues you have asked about, we
would like to complete this program area before month's end.
I have enclosed the "back-up" previously requested to approve the C.P.Z. rate adjustment
of January 1, 2000. Tony Masiulis, our controller had last discussed the percentage with
Jean DuPree some time in May. While we certainty do not intend to request the
adjustment retroactive to January, we would request it's implementation for August 1,
2000. I do apologize for the delay, which obviously hurts me, more than it does you.
Last but not least is the disposition of the current audit, we are awaiting a letter from the
auditor (Dale Ruzicka) who was to get with the city financial people and provide an
outline of requests for records and or reports necessary to do the audit.
Hopefully, I have addressed the items that were raised at our meeting and would be
happy to visit with any area you may require clarification or explanation. Waste
Management appreciates your business and would ask that our agreement with the city be
extended per the terms of the contract. While we have had our share of internal system
problems, we have worked hard to correct them and have never provided less than
exemplary service to the community. Your patience with us at the administrative level is
greatly appreciated, we are correcting the areas of concern and we hope that the quality of
our good service long outlives the administrative bumps in the road we have had.
Thank you and we look forward to a positive response and recommendation from you.
With Kind Regards,
Tony Spadaccia,
Waste Management, Inc. of Florida
CC: Phil Morris
John Casagrande