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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-013 Temp. Ord. #2407 September 11, 2019 Page 1 of 5 Revision 1, September 4, 2019 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2019- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AMENDMENT NO. 2 TO RENEW THE EXISTING FRANCHISE AGREEMENT FOR FURNISHING COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE AND RECYCLING AND COMMERCIAL SOLID WASTE SERVICES FOR THE PERIOD EFFECTIVE OCTOBER 1 , 2020 THROUGH SEPTEMBER 30, 2023 ATTACHED HERETO AS EXHIBIT "1" AND INCORPORATED HEREIN; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENT NO. 2 TO THE FRANCHISE AGREEMENT WITH WASTE MANAGEMENT INC., OF FLORIDA AND TO TAKE ACTION CONSISTENT WITH THE INTENT OF THIS ORDINANCE;; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac ("City") is authorized to enter into franchise agreements with solid waste and recycling collectors; and WHEREAS, per Ordinance No. 0-2011-7, approved by City of Tamarac City Commission and passed on second reading on July 13, 2011, the City executed a Franchise Agreement with Waste Management, Inc. of Florida ("Waste Management") for residential solid waste and recycling services, and commercial solid waste services, a copy of Ordinance No. 0-2011-7 is incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, per Ordinance No. 0-2012-12, approved by City of Tamarac City Temp. Ord. #2407 September 11, 2019 Page 2 of 5 Revision 1, September 4, 2019 Commission and passed on second reading on May 9, 2012, the City executed Amendment Number 1 to the Franchise Agreement for the implementation of a recycling rewards program, a copy of Ordinance No. 0-2012-12 is incorporated herein by reference and on file in the office of the City Clerk; and WHEREAS, the Franchise Agreement between the City and Waste Management provides for collection and disposal of residential solid waste and recycling, and commercial solid waste services for the period effective October 1, 2011 through September 30, 2020; and WHEREAS, said Franchise Agreement provides for a one (1) additional three (3) year term based on the City's determination that the Contractor has provided satisfactory service, and exercising of said renewal shall be mutually agreed upon in writing by both the City and Waste Management; a copy of said Agreement Amendment No. 2 is hereto attached as "Exhibit 1"; and WHEREAS, in the opinion of City Staff and based upon performance metrics set forth, Waste Management has provided satisfactory service per the Franchise Agreement; and WHEREAS, the proposed Amendment No. 2 establishes the C.L.E.A.N. Tamarac Program, a proactive program which authorizes the issuance of a service overage fee in the amount of$175.00 for overloaded commercial dumpsters, in addition to the issuance of a corresponding credit if the customer right-sizes the service, the fees shall be limited to not more than $700.00 per month per customer, and the City of Tamarac shall be the final arbiter in the event of a dispute between the commercial customer and Waste Temp. Ord. #2407 September 11, 2019 Page3of5 Revision 1, September 4, 2019 Management; and WHEREAS, the proposed Amendment No. 2 includes the addition of Section 25, "Scrutinized Companies" as required by the requirements of F.S. 287.135 and F.S. 215.473; and WHEREAS, the proposed Amendment No. 2 includes the additions of Section 26, "Public Records" and Section 27, "Public Records Custodian" pursuant to Chapter 119, F.S.; and WHEREAS, the City Commission of the City of Tamarac finds that it is in the best interest of the health, safety, and welfare of the citizens, residents, and businesses of the 1 i City of Tamarac ("City") to establish the C.L.E.A.N. Tamarac Program; and WHEREAS, the Public Services Director, the Director of Financial Services, and the Purchasingand Contracts Manager recommend the CityCommission approve 9 PP Agreement g Bement Amendment No. 2; and WHEREAS, the City Commission of the City of Tamarac deems it in th e best interest of the citizens and residents of the City of Tamarac to execute Agreement Amendment No. 2 to renew the existing Franchise Agreement for furnishing collection and disposal of residential solid waste and recycling, and commercial solid waste services for the period effective October 1, 2020 through September 30, 2023. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as Temp. Ord. #2407 September 11, 2019 Page 4 of 5 Revision 1, September 4, 2019 being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: The City Commission of the City of Tamarac HEREBY approves Amendment No. 2 to renew the existing Franchise Agreement for Furnishing Collection and Disposal of Residential Solid Waste and Recycling and Commercial Solid Waste Services for the period effective October 1, 2020 through September 30, 2023, a copy of said Amendment No. 2 is attached hereto and incorporated herein as Exhibit "1". SECTION 3: The appropriate City Officials are HEREBY authorized to execute Amendment No. 2 to the Franchise Agreement for Residential Solid Waste and Recycling Services and Commercial Solid Waste Services, and to take action consistent with the intent of this Ordinance. SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Temp. Ord. #2407 September 11, 2019 Page 5 of 5 Revision 1, September 4, 2019 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this I I day of �`1 N__. , 2019. n PASSED, SECOND READING this c2-5 " day of ;"2:71414-1----""- , 2019. 1,/ - - - Cg 1 IViICHELLE J. OfEZ MAYOR ATTEST: AA, I PATRICIA A. TEUFEL ,CMC CITY CLERK RECORD OF COMMISSION VOTE: 1ST Reading \\\\\ i i t i i i//,1�� MAYOR GOMEZ \\ OF•TA...A, �, DIST 1: COMM. BOLTON ( �- ic ...0 ' DIST 2: COMM. GELIN � Vim;•• DIST 3: COMM. FISHMAN HED • a. cli-.::, :ES.CAB�� 0 DIST 4: V/M. PLACKO 7-- w : 1g6,: E'= O SE.AL •• 0• . RECORD OF COMMISSION VOTE: 214D Reading /-y .• : MAYOR GOMEZ c � �/,.14 --•.. ...••,l('i•;�`, DIST 1: COMM. BOLTON __L ,,'ifif ;;io'`�� DIST 2: COMM. GELIN r,�Yt DIST 3: COMM. FISHMAN .° DIST 4: VIM. PLACKO c7- ---- I HEREBY CERTIFY that I have approved this ORDINANCE as to form. ,� 4<fiti&V , 'JO-, , UEL S. GOREN 111 1 CITY ATTORNEY TAMARAC The City For Your Life City of Tamarac Purchasing Division AGREEMENT AMENDMENT #2 BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT INC. OF FLORIDA The City of Tamarac, a municipal corporation, with principal offices located at 7525 NW 88th Avenue, Tamarac FL 33321 (CITY), and Waste Management Inc. of Florida, a Florida corporation with principal offices located at 2700 NW 48th Street, Pompano Beach, Florida 33073 (The "Contractor") agree to amend the original Franchise Agreement dated July 13, 2011, and effective October 1, 2011 to provide for furnishing Residential and Multi-family Solid Waste, Recycling / Recovered Materials, Yard Waste, and Bulk Waste Collection Services and Commercial Solid Waste and Bulk Waste Collection Services for residents and establishments with the corporate bounds of the City of Tamarac. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree to the amended provisions as follows: 1. Please replace paragraph 3.3 "Term of the Agreement" to now read as follows: "3.3) Term of the Agreement City and Contractor agree to renew the Agreement for one (1) three (3) year term. The renewal term of the Agreement shall commence at 12:00 AM, on October 1, 2020 and expire at 11:59 PM on the anniversary date of the Contract initiation in 2023. This does not limit City's ability to terminate agreement pursuant to Section 12 of this Agreement. During the initial term or any renewal term, the City may terminate the Agreement at any time pursuant to the provisions in the Agreement." 2. Add CLEAN Program to the end of Section 3.6 Commercial Collection Service CLEAN Program. The CLEAN Program is designed to prevent overfilling of containers and increase customer awareness, enhance neighborhood cleanliness and reduce litter and illegal dumping. The CLEAN Program will commence on October 1, 2020. Thirty (30) days prior to the commencement of the CLEAN Program in the City, Contractor shall notify each of its Commercial Service Unit customers of the implementation of the CLEAN Program. For purposes of this Section, all notices shall be provided to the address of record provided to Contractor. Overfilling containers present safety and health risks to the residents of the City. In the 1 TAMARAC The City For Your Life City of Tamarac Purchasing Division event Contractor determines that a Commercial Service Unit's container is overfilled with waste and/or recyclables during a collection event, Contractor shall take a digital photograph of the overfilled container in such a manner to present evidence of such overfilling. For purposes of this Section, "Overfilling" is defined as a container overloaded such that the lid does not close securely and is displaced by at least ten (10) inches. Contractor shall provide to the Commercial Service Unit notice of such Overfilling on the Commercial Service Unit's next invoice. For each event of Overfilling, Contractor shall charge the Commercial Service Unit the amount $175 per each Overfilling incident. Overfilling charges shall not exceed $700.00 per month per Commercial Service Unit. Contractor shall take reasonable steps to seek to increase the Commercial Service Unit's level of service by providing a larger container for the Commercial Service Unit and/or by increasing the frequency of service to address and remedy the Overfilling issue. If the Commercial Service Unit adjusts its level of service as a result of the Overfilling notice and charge, Contractor will issue a credit in the amount of the Overfilling charge. This credit will be issued no later than 45 days after Commercial Service Unit adjusts its level of service. The City will be the final arbiter of any conflict between Contractor and Commercial Service Unit. 3. Please add Section 25 "Scrutinized Companies" pursuant to Florida Statutes 287.135 and 215.473 for all Agreements entered into by Florida state and local governmental entities: "25) Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety(90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time." 2 TAMARAC The City For Your Life City of Tamarac Purchasing Division 4. Please add Section 26 "Public Records" pursuant to Florida Statutes 119.0701: "26) Public Records 26.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 26.1.1 Keep and maintain public records required by the City in order to perform the service; 26.1.2 Upon request from the City's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 26.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 26.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 26.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract." * * * 3 TAMARAC The City For Your Life City of Tamarac Purchasing Division 5. Please add Section 27 "Public Records Custodian" pursuant to Florida Statutes 119.0701: "27) Public Records Custodian IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CI TYCLERK@TAMARA C.ORG" * * * All other provisions of the Franchise Agreement remain the same. 4 TAMARAC The City For Your Life City of Tamarac Purchasing Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and WASTE MANAGEMENT INC. OF FLORIDA, 1 signing by and through its Vice President, duly authorized to execute same. \pow i i"►iii,, CITY OF TAMARAC -,- .,• ,<( ..•• iit iir 5�..- 0.. � • tt; Mich le J. Gomez, a r -:. '..A, \ ,,,O. : 14::: 42/41Pir___ • 5v :A:Z Da I,ra(I4*.RD �J,t‘`; ATT T: "'l'""` Michael C. Cernech, City Manager q-- 17 —11. atricia A. Teufel, CMC Date City Clerk -',4ft//g Approved as to form and legal sufficiency: Date �frAWI Samuel,S. Goren, City Attorney a t*I6 / lc, Date ATTEST: WASTE MANAGEMENT INC. OF FLORIDA Company Nam Ass . Corp ecretary) Si nature of President/ weer RONALD M. KAPLAN,ASST.SEC. DAVID M.MYHAN,PRES. Type/Print Name of Corporate Secy. Type/Print Name of Vice-President ,t use Qa, aO)9 (CORPORATE SEAL) Date 5 - TAMARAC City of Tamarac The City For Your Life Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF FLORIDA : :SS COUNTY OF `. ,;-u,,..) d I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared DAVID M. MYHAN,PRES. , Vice President of Waste Management Inc. of Florida, a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this , day of✓7'41,s a , 201'1 . a-A...9 ,d),...) Signature of Notary Public =F:''0u•: COLEEN T.HOULIHAN State of Florida at Large �., •': MY COMMISSION#GG017816 ;;3ot EXPIRES August 02,2020 &lees-) 1 . (per f �� Print, Type or Stamp Name of Notary Public © Personally known to me or E Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. A