HomeMy WebLinkAbout1993-52 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.
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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.
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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
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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
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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.
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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.
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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
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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;
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