HomeMy WebLinkAboutR-1994-004A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING
THE AGREEMENT FOR USE OF BROWARD COUNTY
RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
BETWEEN BROWARD COUNTY AND THE Clry OF DANIA;AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA'
FLORIDA:
section 1. That that certain Agreement for use of Broward county Residential
Household Hazardous Waste Program between Broward County and the City of Dania,
a copy of which is attached hereto and made a part hereof as Exhibit "A" be and the
same is hereby approved and the appropriate city officials are hereby directed to
execute same.
Section 2. That all resolutions or parts of resolutions in conflict herewith be and
the same are hereby repealed to the extent of such conflict.
section 3. That this resolution shall be in force and take effect immediately upon
its passage and adoption.
PASSED and ADOPTED on this 11th day of Januarv , 1994.
rlilc* ll k,"
Mayor - Commissioner
City Clerk - Auditor
APPROVED AS TO FORM & CORRECTNESS
,).(By
Frank C. Adler, City Attorney
ATTEST:
RESOLUTTON NO. 04-e4
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FL(oBIDA
I
AGREEMENT FOR USE OF BROWARD COUNTY
RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
BETWEEN
BROWARD COUNTY
AND
CITY OF DANIA
a1)t,
:XHIBIT ,.A"
AGREEMENT FOR USE OF BROWARD COI.'NTY
RESIDENTIAL HOUSEHOLD HAZARDOUS WASTE PROGRAM
BETWEEN
BROWARD COUNTY
AND
CITY OF DANIA
This Interlocal Agreement is entered into by and between BROWARD COtNTY,
a political subdivision of the State of Florid4 hereinafter referred to as "COUNTY"
AND
CITY OF DAMA a municipal corporation of the State of Florid4 hereinafter
referred to as'CITY.'
WIIEREAS, COUNTY has undertaken programs to ensure quality of life in Broward - - -
Counry by providing disposal facilities to remove Household Hazardous and special waste
from tie q/aste stream and to prevent indiscriminate disposal of these wastes in our
environmeot; aad
WHEREAS, COUNTIfs Household Hazardous Waste Program consists of a
permanent collection center, special waste receiving depots, public education, regionalized
collection days, and mercury managemetrt; and
WIIEREAS, CITY desires to participate in the Residential Household Hazardous
Waste Program; and
WHEREAS, the mutual interest between COLTNTY and CITY is to have an
Itrterlocal Agreemert embody the joint understanding betweeu the parties; NOI
THEREFORE
IN CONSIDERATION, of the promises, mutual covenants and obligations herein
contained and subject to the tenns and conditions hereina.fter stated, tle parties hereto
agree and understand as follows:
ARTICLE 1. BACKGROUND
1.1 This Agreement is an interlocal agreement etrtered hto pursuant to Sec. 163.01, Fla-
Stat., the Florida Interlocal Cooperation Act of 1969, as amended.
L.2 Prior to the effectiveness of any provision of this Agreement and subsequent
amendments hereto, this Ageement and any subsequent amendments shall be fiIed with the
Broward County Clerk of the Circuit Court, as provided by Sec. 163.01(11), Fla. Stat.
13 The word "shall" as used itr 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
lA. The COUNTY Residential Household Hazardous Waste Program (hereinafter
referred to as the'Program") presently consists of four (4) facilities located as follows:
:t-Special Waste Depots:
7. Z78O N. Powerline Road, Pompano Beach, Florida
2. 5490 Reese Road, Davie, Florida
3. 5601 W. Hallandale Beach Boulevard, Hollywood, Florida-
b. Storage Facility:
7. "- - 2:780 N. Powerline Road" Pompano Beacb, Florida.
ARTICIE 2. DEFINMONS
2.1 CONTRACT ADMINISTRATOR: As used herein, the Director of ttre Broward
County OfEce of Integrated Waste Management" Recyclhg and Contract
Administration Division
ARTICLE 3 - OBLIGATIONS OF THE PARTIES
a- CITY shall make its best efforts to pay all invoices setrt pursuant to Article
4 herei.n, within thirty (30) days of the date of receipt of the invoices.
b. CITY shall maintain at all times duriag the term of this Agreement general
comprehensive tiability insurance or a self-insurance program, in accordance with law
and approved by COUNTY, for all activities undertaken pursuart to this Agreement
in the minimrrm 2mount of $100,000 per occurence. CITY shall provide Proof of
insurance or self-insurance prior to ttre execution of this A$eement by COUNTY.
c" CITY in performing ir obligations under ttris Agreemeng shall comply with
applicable regulatory requirements including federal, state, special districq and local
laws, rules, regulations, orders, codes, criteri4 and standards.
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3.1 OBLIGATIONS OF TI{E CITY OF DANIA"
3.2 OBUGATIONS OF COUNTY.
COUNTY shall provide to CITY's residents, access to COUNTY's Household
Hazardous Waste Progrqm 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
a- Cortract personnel or COUNTY staffwill record the address (driver's license)
of each user of the Household Hazardous Waste Program- User must 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. COLINTY will submit a detailed lisq 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 CITYS 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
Progr"'''
4.4 Overall Operating Costs of the Residential Household Hazardous Waste Program
shall be the total expenditures documented by COUNfi's financial records' CITY shall
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4.1 CITY shall pay COTINTY on a quarterly basis, and shall make ir best efforts to pay
withitr thirty (30) dap of receipt of a proper invoice from COLINTY. The amount CITY
is billed quanerly shall be one-fourth (16) of CITYs percentage share of ttre annual
estinate provided by Sec 4.4.
42 No later than December 1st of each year, COLTNTY shall provide CITY a
reconciliation of overall operating costs of the Progrrm and CITYs percentage share.
43 The percentage share for CITY shall be determined as set forth below.
have access to such records during normal business hours. Copies of records will be
provided pusuatrt to COUNTY policy. COUNTY shall provide, prior to June lst of each
year, an es':mate of total expenditures for the Program and CITY's percentage share for the
following fiscal year, coDsisting of the next October 1st through September 30th period.
ARTICLE 5 . TERM OF AGREEMENT
Unless terminated pursuatrt to Article 6 of this Agreement, thir 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 tbrough September
30th of each zuccessive year.
ARTICLE 6 - CANCELI-ATION, 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 Agreemen! then in such eveng this
Agreement may be terminated upon five (5) days' written notice if the defaulting paxty has
not corrected such event of default within said five (5) day period.
ARTICLE 7. NATURE OF OBLIGATIONS
ARTICIE S . INDEMNIFICATION
To the maximum extent permitted by law, COLINTY and CITY covenant and agree
that each shall indemnifiT, hold harmless, and defend the other from and ageinsl 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 d^mage to property sustained by reason of or as a
result of the wrongful acts or omissions of the indemniffing party arising out of this
Agreemeng 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 clairn, and the investigation thereof. Provided, however,
that neither party shall be required to indemni& the other party for any cl:im which is solely
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The obligations of CIfi and COUNTY hereunder shall not be an indebtedaess
wirhin the mszning of any constitutional, statutory, charter or ordinance provision of either
of the parties. Neither COT NTY nor CITY is obligated to pay or cause to be paid any
amounts due under this Agleement except in the manner provided herein, and neither the
faith and credit of CO(INTY 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.
tle result of wrongfirl acts or omissions of the party seeking indemnity. Upon completion
of all obligations and duties provided for in this agreemeDt, or in the event of termination
of this Agreement for any reasorq the terms and conditions of this Article shall survive.
ARTICLE 9 - MISCEIJ.ANEOUS
9.1 SUCCESSION OF AGREEMENT. This Agleement and the rights and obligations
contained herein shall inure to the benefit of and be binding uPon the Parties hereto and
their respective successors aDd assigns.
g.2 E)GCUTION DATE. The date of execution of this Agreement shall mean the last
day upon which it becomes fully executed by CITY and COUNTY.
93 suRvTVAL Any rigbs either party may have in the event it terminates this
Agreement pusuant to the terms hereof shall sunrive such termination
g.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
constru&ion, be construed more severely against one of the parties than the other'
95 FURTHER ASSURANCE. CITY and COUNTY agree to execute, aclnowledge,
deliver and calse to be done, execute4 acknowledged' and delivered all such further
documents and perform such acts as shall Ieasonably be requested of it to. carry 6u1 this
Ageement and live effect hereto. Accordingly, without in any manner limiting.the specific
rilns ana obtgitioos set forth ir rhis Ag'eement" th9 parties declare their intention to
cooperate with each other ia effecting the terms of this Agreement'
9.6 TIME IS OF TIIE ESSENCE. For the purposes herein, the parties agree that time
shall be of the essence of rhis Ag'eemetrt and the representations and warranties made are
all material and of the essetrce of this Agreemenl
g.7 CAPTIONS AlrD PAIL{GRAPH I{EADINGS. Captions and paragraph headings
contained itr this Agreement are for convenience and reference only and in no way define,
describe, exten4 oi limit the scope or intent of this Agreemen! nor the intent of any
provisions hereof.
9.8 NO WArVER. No waiver of any provisioa ia 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 ody bJapplicabli 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 coostitute one and
the seme Agreement.
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9.10 GENDER. All terms and words used in this Agreement, despite the number and
gender ia 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 Agreemert itrcorporates and includes all prior
negotiations and understandingc applicable to the matters contained hereio- The parties
aglee that rhis Ag'eement constitutes the entire understanding and agreement between the
parties and supersedes previous Agreements.
9.L2 MODIFICATION AND AMENDMENTS. This Agreement may not be chrnge(
altere4 61 nedified except by an instrument in writing siped by all parties against whom
enforcement of such change would be sought.
9.13 SEVERABIIITY. 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 1g6aindgl of this Ag'eement shall be construed to be in fuII force and
effecL
9.14 DC{IBITS. All exhibits attached hereto contrin additional terms of this Agreement
and are incorporated as if actually set forth herein Typewritten provisions inserted in rhis
form or attached hereto shall control all printed provisions in conflict therewith.
9.15 GOVERNING LAW. This Agreemeot shall be construed and interpreted agsslding
to the laws of the State of Florida and venue with respect to any litigation shall be Broward
County, Florida-
9.16 ASSIGNMENT. This Agreemenq or any interest herein, shall not be assipeq
transferred or otherwise etrcumbered, under any circumstances by CITY, other that its
successors, without the prior written coDsetrt of COLINTY. However, the Agreement shall
run to the Broward County Government or its successors
9.17 REI-ATIONSHIP 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. COLINTY is and shall be in the
performance of all worlg services, and aaivities under ttris agreement independeng and not
aa employee, agent, or servatrt 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. COTINTY shall exercise control over
the means and menner in which it and its employees perform the work, and h all respects
COUNTIIs relationship and the relationship of its employees to CITY shall be that of atr
independent and not as employees or agents.
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9.18 COMPLIANCE WTIH LAW. COUNTY and Cfry agree to conduct and execute
the Project in compliance with all applicable local, state, and federal laws.
ARTICI-E 11- NOTICES
Whenever either party destes to give notice unto the other, it must be gven by
writteo notice, sent by registered United States mait with return receipt requested
addressed to the party for whom it is htende4 at the place last specified. The place for
giving notice shall remain the same until it shal have been changed by written notice
complying with the provisions of this paragraph. For the presetrt, the parties desipate the
following as the respective pliaces for giving notice, to-wit:
FOR COUNTY:
Broward County
Recycling and Contract Administration Division
Attention: Director
201 South Andrews Avenue
Fort Iauderdale, Florida 33301
FOR CITY:
ARTICLE 12. UNCONTROII-ABLE 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
whic\ by the exercise of reasouable diligence, the non-performing party could not avoid.
The term 'uncontrollable Forces" shall mean atry event which results in the prevention or
delay of performance by a party of its obligations undgl .his Agreement and which is beyond
the reasonable control of the non-performiog party. It includes, but is not limited to fire,
floo( earthquakes, storms, Iightning, epidemic, war, rio! civil disturbarce, sabotage, and
govenrmental actions.
Neither party sha[ 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
wittr reasonable dispatch. The non-performing party shall, within a reasonable time of being
prevented or delayed from performance by an uncontrollable force, give written uotice to
the other party describing the circumstances and uncontrollable forces preventing continued
performance of the obiigations of this Agreement.
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IN wnNESS WHEREOR the parties have made and exec,ted this Agreement onttre respective dates under each signature: BROWARD couNTy through is EOARD oFcoUNTY coMMIssIoNERS, signing by and through its chair or vice-chair, authorizedto execute s,me by Board action on the day of
OF DANIA signing by and through ts
19_, and the CITY
duly authorized to exec-ute
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
,19
,19
I
same.
ATTEST:
COI'NTY
By
County trator atrd E:r-OfEcio Chair
Clerk of the Board of County
Commissioners of Broward County, Florida _dayof
Approved as to form by Offrce of
County Attorney Broward County, Florida
JOHN J. COPEI-AN, JR, County Attoruey
Governmental Center, Suite 423
115 South Andrews Avenue
Fort tauderdale, Florida 33301
Telephone: (305)357-7600
Telecopier: (305) 357-7641
ATTEST:CITY OFDANIA
By
Clerk Mayor or Manager
(SEAL)
Approved as to form:
dav of
City Attorney
PMILdpfiHIIWADN # 12 / 20 / 93 4 #93 -r43.10
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By
PAMELA M. KANE
Assistant County Attorney
EXIIIBIT A
operatilg ProcedureB
Resideltial EouEebold Ea3ardouE l{aatc Prograr
USAGE:
oAbBolutelynocornmercialoramallbuEineaEwagtewillbeaccePtedi
@qIE!!trUEl-
A current Drivera Licenae/Photo ID slth a water biII and/or tax
notice are required aE Proof of Eesldency ( rra'Ee and addleEE ouat
r"t"t 1. lny u-eera uithout the Eequlred Proof of regidency wLIL be
denled acceEE;
UATERTAI.S ACCEPfED:
specisL Wa6te Delrots 3
o UEed EotoE o.l]. i
o Lead acid batterieai
o Latex and oil based Painta (!o fiv' galLoa costaia€rs accePtod) i
o TlreE i
t!868ty DaYs co].].sctl.oq:
o Al1 houaehoLd hazardou3 waEte
I|AITERITI,'S ITO|[ ACCSPTED:
Sp€qlal waate D€ttot8 s
o Any liquLd8 (gaa, etc.)i
o Abandoned vehlclea o! vehicle Bart6 i
o Carbage i
ogazardouEr'aateand,/orgouseholdEazardotrswaEteotherthansPecialtlaateE Iiated abovei
o Radioactive materlala i
o Explosives i
o BodY wa8tei
o Dead anifialE i
o FueL tanks, gag tanks, cyllnde! tankai
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EXHIBIT A
oporatirg Proc€dur€sReeideatia]. Eou6eho1d Eazardour tfartc PrograE
@
aeaesty Daya:
o Abandoned vehicLee or vehicle partgi
o carbagei
o Radioactive naterlalg i
o ExploBivea
o Body rraatei
o Dead aniralE i
o FueI tanks, gas tanks, cylinder tankE
PROETBTIED VEETCLES:
o Trucka, cala or trailerB with logoB,/lettering lrbLch LdentifyvehicLe as comercial i
RECT'I,ITTOIIS:
the
* Special'Waate Depots: '
ReaLdenta are required to off-load material themselvea and mustabide by the unloading direction of the ELte aupervLsor. childrenunder the age of 16 are not peraitted in the unLoading area. cale
and caqtion aha].]. be exercised at all ti.nea. Acc€Ea aad off-l,oad:iagasaiataEcs l.E pEovided for the diBalrleal.
LEr.esty Daya:
Irained Etaff v/iII off-load all material.dlrection of Eite superviaor.Residenta nust a.blde by
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