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1993-52 Agreement with Broward Cty for Disposal of Hazardous WasteRESOLUTION NO. 93 - 52 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA AUTHORIZING THE CITY OFFICIALS TO APPROVE AN AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF PARKLAND FOR USE OF BROWARD COUNTY RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM WHEREAS, the City Commission of the City of Parkland, Florida finds and determines that it is in the best interests of the citizens of the City to approve an Agreement For Use of Broward County Residential Household Hazardous Waste Program between the City of Parkland, Florida and Broward County as described in the Agreement attached hereto and made a part hereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF PARKLAND, FLORIDA: Section 1. That the appropriate City Officials are hereby authorized to approve the Agreement between the City of Parkland and Broward County. Section 2. That this Resolution shall be in full force and effect immediately upon its passage and adoption. PASSED AND ADOPTED THIS 15 DAY OF DECEMBER, 1993. .44.00 SUSAN ARMSTRONG, C.M.C., TY CLERK SPAGLIARlf MAYOR RESOL. 93-52 AGREEMENT FOR USE OF BROWARD COUNTY RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM BETWEEN • BROWARD COUNTY AND CITY OF PARKLAND AGREEMENT FOR USE OF BROWARD COUNTY RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM BETWEEN BROWARD COUNTY AND CITY OF PARKLAND This Interlocal Agreement is entered into by and between BROWARD COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" AND CITY OF PARKLAND, a municipal corporation of the State of Florida, hereinafter referred to as "CITY." WHEREAS, COUNTY has undertaken programs to ensure quality of life in Broward County by providing disposal facilities to remove Household Hazardous and special waste from the waste stream and to prevent indiscriminate disposal of these wastes in our environment; and WHEREAS, COUNTY's Household Hazardous Waste Program consists of a permanent collection center, special waste receiving depots, public education, regionalized collection days, and mercury management; and WHEREAS, CITY desires to participate in the Residential Household Hazardous Waste Program; and WHEREAS, the mutual interest between COUNTY and CITY is to have an Interlocal Agreement embody the joint understanding between the parties; NOW, THEREFORE, IN CONSIDERATION, of the promises, mutual covenants and obligations herein contained and subject to the terms and conditions hereinafter stated, the parties hereto agree and understand as follows: ARTICLE 1 - BACKGROUND • 1.1 This Agreement is an interlocal agreement entered into pursuant to Sec. 163.01, Fla. Stat., the Florida Interlocal Cooperation Act of 1969, as amended. 1.2 Prior to the effectiveness of any provision of this Agreement and subsequent amendments hereto, this Agreement and any subsequent amendments shall be filed with the Broward County Clerk of the Circuit Court, as provided by Sec. 163.01(11), Fla. Stat. 13 The word "shall" as used in this Agreement shall always be construed to .be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. 1.4. The COUNTY Residential Household Hazardous Waste Program (hereinafter referred to as the "Program") presently consists of four (4) facilities located as follows: a. Special Waste Depots: 1. 2780 N. Powerline Road, Pompano Beach, Florida 2. 5490 Reese Road, Davie, Florida 3. 5601 W. Hallandale Beach Boulevard, Hollywood, Florida. b. Storage Facility: 1. 2780 N. Powerline Road, Pompano Beach, Florida. ARTICLE 2 - DEFINITIONS 2.1 CONTRACT ADMINISTRATOR: As used herein, the Director of the Broward. County Office of Integrated Waste Management, Recycling and Contract Administration Division. ARTICLE 3 - OBLIGATIONS OF THE PARTIES 3.1 OBLIGATIONS OF THE CITY OF PARKLAND. a. CITY shall make its best efforts to pay all invoices sent pursuant to Article 4 herein, within thirty (30) days of the date of receipt of the invoices. b. CITY shall maintain at all times during the term of this Agreement general comprehensive liability insurance or a self-insurance program, in accordance with law and approved by COUNTY, for all activities undertaken pursuant to this Agreement in the minimum amount of $100,000 per occurrence. CITY shall provide proof of insurance or self-insurance prior to the execution of this Agreement by COUNTY. c. CITY in performing its obligations under this Agreement, shall comply with applicable regulatory requirements including federal, state, special district, and local laws, rules, regulations, orders, codes, criteria, and standards. -2- 3.2 OBLIGATIONS OF COUNTY. COUNTY shall provide to CITY's residents, access to COUNTY's Household Hazardous Waste Program. Access shall be in accordance with operating procedures as specified on Exhibit "A" attached hereto and made a part hereof. Exhibit "A" may be modified by COUNTY from time to time to meet operating requirements upon thirty (30) days' written notice to CITY. ARTICLE 4 - PAYMENT TERMS 4.1 CITY shall pay COUNTY on a quarterly basis, and shall make its best efforts to pay within thirty (30) days of receipt of a proper invoice from COUNTY. The amount CITY is billed quarterly shall be one-fourth (1/4) of CITY's percentage share of the annual estimate provided by Sec 4.4. 4.2 No later than December 1st of each year, COUNTY shall provide CITY a reconciliation of overall operating costs of the Program and CITY's percentage share. 4.3 The percentage share for CITY shall be determined as set forth below. a. Contract personnel or COUNTY staff will record the address (driver's license) of each user of the Household Hazardous Waste Program. Usermust also produce a utility bill or tax notice for the same address in order to gain access to the facility. Monthly lists will be retained within COUNTY records. b. COUNTY will submit a detailed list, containing the address of each of the users, to CITY which will have ten (10) working days from receipt of the list, to review the list and resolve any discrepancy regarding the address. An address may appear more than once depending upon the number of times that resident has used a Residential Household Hazardous Waste Facility. c. If there is no discrepancy regarding the address list or CITY fails to review and resolve the list within the ten (10) working day period, the reconciled list will be accepted by CITY and COUNTY to represent the number of residents to be counted toward CITY's percentage share. d. CITY's percentage share for each quarterly period shall be as follows: Total Number of Uses by CITY residents from reconciled list Total Number of Uses of the Household Hazardous Waste Program 4.4 Overall Operating Costs of the Residential Household Hazardous Waste Program shall be the total expenditures documented by COUNTY's financial records. CITY shall -3- have access to such records during normal business hours. Copies of records will be provided pursuant to COUNTY policy. COUNTY shall provide, prior to June 1st of each year, an estimate of total expenditures for the Program and CITY's percentage share for the following fiscal year, consisting of the next October 1st through September 30th period. ARTICLE 5 - TERM OF AGREEMENT Unless terminated pursuant to Article 6 of this Agreement, this Agreement shall be effective upon execution by COUNTY, shall remain in effect through September 30, 1994, and shall be automatically extended for successive one (1) year terms through September 30th of each successive year. ARTICLE 6 - CANCELLATION, TERMINATION; BREACH 6.1 This Agreement may be terminated with or without cause by either party upon thirty (30) days' prior written notice. However, such termination shall not relieve CITY of the obligation to pay for the services already received. 6.2 In the event there should occur any material breach or default as a result of any party failing timely to pay any monies due, pursuant to this Agreement, then in such event, this Agreement may be terminated upon five (5) days' written notice if the defaulting party has not corrected such event of default within said five (5) day period. ARTICLE 7 - NATURE OF OBLIGATIONS The obligations of CITY and COUNTY hereunder shall not be an indebtedness within the meaning of any constitutional, statutory, charter or ordinance provision of either of the parties. Neither COUNTY nor CITY is obligated to pay or cause to be paid any amounts due under this Agreement except in the manner provided herein, and neither the faith and credit of COUNTY nor CITY is pledged to the payment of any amounts due under this Agreement. This Agreement shall not require CITY or COUNTY to levy or pledge any taxes whatsoever for the .payment of any amounts due hereunder. ARTICLE 8 - INDEMNIFICATION To the maximum extent permitted by law, COUNTY and CITY covenant and agree that each shall indemnify, hold harmless, and defend the other from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Agreement for any personal injury, loss of life, or damage to property sustained by reason of or as a result of the wrongful acts or omissions of the indemnifying party arising out of this Agreement, and from and against any orders, judgments, or decrees which may be entered thereon, and from and against all costs, attorney's fees, expenses, and liabilities incurred in and about the defense of any such claim, and the investigation thereof. Provided, however, that neither party shall be required to indemnify the other party for any claim which is solely -4- the result of wrongful acts or omissions of the party seeking indemnity. Upon completion of all obligations and duties provided for in this agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. ARTICLE 9 - MISCELLANEOUS 9.1 SUCCESSION OF AGREEMENT. This Agreement and the rights and obligations contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 9.2 EXECUTION DATE. The date of execution of this Agreement shall mean the last day upon which it becomes fully executed by CITY and COUNTY. 9.3 SURVIVAL Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 9.4 JOINT PREPARATION. The preparation of this Agreement has been a joint effort of the parties, 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. 9.5 FURTHER ASSURANCE. CITY and COUNTY agree to execute, acknowledge, deliver and cause to be done, executed, acknowledged, and delivered all such further documents and perform such acts as shall reasonably be requested of it to carry out this Agreement and give effect hereto. Accordingly, without in any manner limiting the specific rights and obligations set forth in this Agreement, the parties declare their intention to cooperate with each other in effecting the terms of this Agreement. 9.6 TIME IS OF THE ESSENCE. For the purposes herein, the parties agree that time shall be of the essence of this Agreement and the representations and -warranties made are all material and of the essence of this Agreement. 9.7 CAPTIONS AND PARAGRAPH HEADINGS. Captions and paragraph headings contained in this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, nor the intent of any provisions hereof. 9.8 NO WAIVER. No waiver of any provision in this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates and shall not be deemed to be a continuing or future waiver. 9.9 COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. 9.10 GENDER. All terms and words used in this Agreement, despite the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 9.11 ENTIRE AGREEMENT. This Agreement incorporates and includes all prior negotiations and understandings applicable to the matters contained herein. The parties agree that this Agreement constitutes the entire understanding and agreement between the parties and supersedes previous Agreements. 9.12 MODIFICATION AND AMENDMENTS. This Agreement may not be changed, altered, or modified except by an instrument in writing signed by all parties against whom enforcement of such change would be sought. 9.13 SEVERABILITY. In the event any term or provision of this Agreement shall be determined by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or be construed or deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 9.14 EXHIBITS. All exhibits attached hereto contain additional terms of this Agreement and are incorporated as if actually set forth herein. Typewritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 9.15 GOVERNING LAW. This Agreement shall be construed and interpreted according to the laws of the State of Florida and venue with respect to any litigation shall be Broward County, Florida. 9.16 ASSIGNMENT. This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by CITY, other that its successors, without the prior written consent of COUNTY. However, the Agreement shall run to the Broward County Government or its successors 9.17 RELATIONSHIP OF THE PARTIES. Except as set forth herein, no party to this agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party. COUNTY is and shall be in the performance of all work, services, and activities under this agreement independent, and not an employee, agent, or servant of CITY. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to COUNTY's sole discretion, supervision, and control. COUNTY shall exercise control over the means and manner in which it and its employees perform the work, and in all respects COUNTY's relationship and the relationship of its employees to CITY shall be that of an independent and not as employees or agents. -6- 9.18 COMPLIANCE WITH LAW. COUNTY and CITY agree to conduct and execute the Project in compliance with all applicable local, state, and federal laws. ARTICLE 11 - NOTICES Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified. The place for giving notice shall remain the same until it shall have been changed by written notice complying with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to -wit: FOR COUNTY: Broward County Recycling and Contract Administration Division Attention: Director 201 South Andrews Avenue Fort Lauderdale, Florida 33301 FOR CITY: CITY OF PARKLAND 6500 PARKSIDE DRIVE PARKLAND, FLORIDA 33067 ATTENTION: RITA GRIMES ARTICLE 12 - UNCONTROLLABLE FORCES Neither COUNTY nor CITY shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces which are preventable, removable, or remediable and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. -7- IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing b,and thro qah its Chair or Vice Chair, authorized to execute same by Board action on the /i day of L_1' +,V/ , 19 f / , and the CITY OF PARKLAND, signing by and thrdug4h its / , duly authorized to execute same. \...01111 Ili 1)L. .4 CouA .T'�'� ' trato d Ex -Officio Clerk of the Board of County Co " + ward County, Florida day of M1 _• ,. „.AP ca 'C.. • 1,i 015 4outh Andrews Avenue e -. �_)\ ;�Pftt uderdale, Florida 33301 Ttphone: (30 3 -7600 ,,eitelecopier: (30) 3 ! 7.4 COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS ved as to form by Office of Attorney Broward County, Florida J. COPELAN, JR., County Attorney ental Center, Suite 423 ATTEST: By PAMELA M. KANE Assistant County Attorney (SEAL) Approved as to form: City Attorney PMK:dp*HHW.APK* 12/20/930#93-143.10 CITY OF PARKLAND By -8- day of EXHIBIT A Operating Procedures Residential Household Hazardous Waste Program USAGE: o Absolutely no commercial or small business waste will be accepted; REQUIREMENTS: o A current Drivers License/photo ID with a water bill and/or tax notice are required as proof of residency (name and address must match). Any users without the required proof of residency will be denied access; MATERIALS ACCEPTED: Special Waste Depots: Used motor oil; o Lead acid batteries; o Latex and oil based paints (no five gallon containers accepted); o Tires; Amnesty Days Collection: o All household hazardous. waste MATERIALS NOT ACCEPTED: Special Waste Depots: o Any liquids (gas, etc.); o Abandoned vehicles or vehicle parts; o Garbage; Hazardous waste and/or Household Hazardous waste other than Special Wastes listed above; o Radioactive materials; o Explosives; o Body waste; o Dead animals; o Fuel tanks, gas tanks, cylinder tanks; Page 1 of 2