City Commission Regular Meeting Brief for January 9, 2024

City Commission Approves Ordinance 23-30 on Second Reading 
The City Commission approved, on second reading, a franchise agreement with Coastal Waste & Recycling of Florida, Inc. for commercial and residential solid waste and recycling hauling services with an effective date of April 1, 2024 and expiring March 31, 2031. Coastal Waste & Recycling of Florida, Inc.'s submitted bid for residential collection is approximately 21% less than the existing collector's residential cost. 

Since January 23, 2001, Cooper City has had a collection services agreement with Waste Management Inc. of Florida providing for the collection and hauling of commercial and residential municipal solid waste (MSW), residential bulk, and recycling, and Rolloff services. The seventh amendment to this agreement was executed on August 24, 2023 and provided for a limited six-month extension of the services agreement. This agreement with Waste Management Inc. of Florida expires on March 31, 2024. Due to the current agreement’s upcoming expiration, Request for Proposal (RFP) 2023-2-PW was issued September 29, 2023 to competitively bid these services with the changes/additions to the current service levels/contractual requirements including:

  • City to assume responsibility for actual residential MSW and bulk disposal costs.
  • Proposers asked to identify their fees for all services for years 1 through 7 of the initial contract term.
  • Franchise fees (12%) to apply to all charges, including billed disposal.
  • Customer service specifications including multi-lingual call center, web platforms and reporting tools.
  • Administrative charges to apply to critical service measures.
  • $120,000 annual payment to support Solid Waste Coordinator position to be created.
  • Increase in annual scholarship payment from $5,000 to $10,000 per year.
  • Multi-family properties to be billed as single-family properties eliminating additional costs and invoicing to the City.
  • Emergency debris services included for bulk (as needed).
  • Extra services upon request for bulk customers.
  • Exploration of bulk serviced at current levels, once monthly on Mondays, once every other month at 10cy per collection and once quarterly at 15cy per collection.

The RFP closed October 23, 2023 receiving a total of four proposals from the following qualified vendors: Coastal Waste & Recycling, Inc., Eastern Waste System, Inc., Waste Management Inc. of Florida, and Waste Pro of Florida, Inc. An evaluation committee convened for a total of three meetings to thoroughly assess the proposals and on November 3, 2023, the committee short-listed the following three proposers:  Coastal Waste & Recycling, Inc., Eastern Waste System, Inc., and Waste Management Inc. of Florida. These three vendors were invited to provide formal presentations and question-and-answer sessions on November 8, 2023, specifically addressing services related to MSW, Recycling, and Bulk Waste. Coastal Waste & Recycling and Waste Management Inc. of Florida were identified as the two finalists for MSW, recycling and Rolloff services (Eastern Waste Systems, Inc. only submitted a proposal for bulk waste services). During this meeting, the evaluation committee determined that it was in the best interest of the City to request proposers submit their “Best and Final Offers” in accordance with Sec. 2-256(3)(g) of the City Code. These were received on Monday, November 13, 2023 by all proposers. The evaluation committee reconvened on November 14, 2023 for a final meeting to assess the “Best and Final Offers,” conduct a final evaluation and ranking, and voted to recommend the separate award of a contract for commercial and residential MSW, recycling, and Rolloff services to Coastal Waste & Recycling, Inc and for bulk services to Eastern Waste Systems, Inc.

City Commission Approves Ordinance 23-31 on Second Reading
The City Commission approved, on second reading, a franchise agreement with Eastern Waste Systems, Inc. for bulk waste/trash and bulk yard waste collection services with an effective date of April 1, 2024 and expiring March 31, 2031. For more information on this item, please see the above summary for Ordinance 23-30.

City Commission Approves Resolution 24-01
The City Commission approved and authorized the execution of the Water and Sewer Developer’s Agreement for five Equivalent Residential Connections (ERCs) with Thomas Summers, owner of the property located at 6125 Stallion Way in Southwest Ranches for a total cost of $8,981.87. Mr. Summers shall be responsible for all costs of construction and connection. The extension of the water line will be within the public right-of-way and does not require dedication of easement or any utility infrastructure.

City Commission Approves Task Order for Construction Oversight Services for Effluent Pump and VFD Replacement Project
The City Commission approved and authorized Task Order (TO) 2023-03 to Hazen & Sawyer (Hazen) in the amount not to exceed $73,719 for construction oversight services on an as-needed basis for the Effluent Pump and Variable Frequency Drive (VFD) Replacement Project at Cooper City’s wastewater treatment plant. As the design engineers, Hazen is most familiar with the details of the project and best suited to answer questions from the contractor, offer solutions, and supervise installation of the new pump on an as-needed basis. Hazen’s original TO, 2021-04, relied on certain services to be done by in-house staff employed at that time. However, due to transition and retirement of key personnel, the responsibility to complete the project has now shifted to the consultant. They will take the project through the closeout.  

City Commission Approves Task Order for Construction Oversight Services for Membrane Element Replacement Project
The City Commission approved and authorized Task Order (TO) 2023-04 to Hazen & Sawyer (Hazen) in the amount not to exceed $55,479 for additional construction oversight services on an as-needed basis for the Membrane Element Replacement Project. This approval is subject to Commission approval and authorization of the agreement, for the project, with the lowest responsive and responsible bidder. The lowest bid is being reevaluated due to a significant price difference with respect to the other two bids received. The bid award recommendation will be made after clarification from the lowest bidder is sought. As the design engineer, Hazen is most familiar with the details of the project and best suited to answer questions from the contractor (and offer solutions) and supervise the installation of the new membranes on an as-needed basis. Hazen’s original TO, 2021-01, relied on certain services to be done by in-house staff employed at that time. However, due to transition and retirement of key personnel, the responsibility to complete the project has now shifted to the consultant. They will take the project through the closeout.

City Commission Approves Task Order for Consulting Services
The City Commission approved and authorized Task Order (TO) 2023-05 to Hazen & Sawyer (Hazen) in the amount not to exceed $24,956 for consulting services to evaluate the feasibility of one-to-one replacement of centrifuge equipment in lieu of traditional design-bid-build or design-build delivery methods at the City’s wastewater treatment plant. Centrifuges are critical equipment in the final processing of the wastewater sludge before it is hauled away for disposal, usually at an approved landfill. The City’s wastewater plant has two (2) centrifuges that are approximately 20 years old. In July 2023, both centrifuges became inoperable, forcing emergency procurement of dewatering services at an expense of $150,000. Since then, some repairs have been made to the centrifuges but many times, some components keep breaking down. As the City’s primary treatment plant consultant, Hazen, in August 2022, estimated a cost of $2.6 million, including engineering fees, to replace the aged centrifuges. This estimate was based on the traditional design-bid-build method. As an alternative, City staff explored the possibility of one-to-one replacement of the centrifuges with the same manufacturer, Alfa Laval, Inc. It was determined that this approach would cost significantly less if replaced in kind. Although Alfa Laval, Inc. would replace the centrifuges as a turnkey product, some specialized assistance, review and oversight would be required. This is the essence of this TO approved by the City Commission.

City Commission Approves Task Order for Engineering Advisory Services
The City Commission approved and authorized Task Order (TO)  2023-06 to Hazen & Sawyer (Hazen) in the amount not to exceed $25,000 to provide engineering advisory services related to the operation of water and wastewater plants and related services until the Utilities Department is fully staffed. Until the Utilities Department is fully staffed, including the Director and Chief Plant Operations Supervisor, the present supervisors and operators would need various types of advisory support with quick turnaround time in the areas of engineering, permitting, minor maintenance projects, etc. When requested, the Hazen shall provide assistance to City staff on an as-needed basis up to the limits of this task. As the City’s primary water and wastewater plant consultant for many years, Hazen, who is also updating the Utilities Master Plan and most familiar with the operations, is best suited to provide the advisory services to the staff. Hazen is one of the three (3) consultants selected through the City’s RFQ No. 2020-1 and approved by the City Commission on June 8, 2021 after meeting the requirements of Florida Statute (FS) 287.055, commonly known as Consultants’ Competitive Negotiation Act (CCNA). Pursuant to FS 287.055(2)(g), a consultant selected through the CCNA process, can be awarded a “continuing contract” for each individual study in an amount not to exceed $500,000 without any additional competition.

City Commission Approves Motion to Implement Online Registration for All City Events Requiring Registration
The City Commission has directed staff to implement an online registration and payment process for all City events, which require registration, within 60 days.

City Commission Approves Motion to Provide Action Plan for Compliance with Resolution No. 12-7-5
The City Commission has directed City staff to provide an action plan, within 30 days, for bringing applicable Cooper City Optimist (CCO) programs into compliance with paragraph “E” of Resolution No. 12-7-5, which provides policy for the use of City sports facilities owned, or leased, and maintained by the City. Within the resolution, Paragraph E Section 1 states CCO shall include a minimum of seventy percent (70%) Cooper City residents. Read Resolution 12-7-5.

City Commission Approves Motion to Revoke Cooper City Optimist Tackle Football Program’s Use of City Facility and to Provide for Compliance with Resolution No. 12-7-5
The City Commission approved a motion to suspend all registration activities for Cooper City Optimist’s tackle football program until the program complies with Resolution No. 12-7-5, specifically Paragraph E. Read Resolution 12-7-5.

City Commission Approves Adoption of City Fraternization Policy
The City Commission approved the adoption of City policy prohibiting romantic or sexual involvement between employees in a direct or indirect supervisory relationship.

City Commission Approves Agreement for Storm Drain Cleaning, Repairs, and Maintenance Services
The City Commission approved and authorized the agreement with the Broward College Contract with Shenandoah General Construction LLC in the amount not to exceed $20,000 to provide storm drain cleaning, repairs, and maintenance services on an as-needed basis through November 26, 2024. This agreement runs concurrently with Broward College Contract, provided the Contract is extended by Broward College with the terms and conditions acceptable to the City, including funding.  The Utilities Department Stormwater Division, in combination with contracted resources, maintains and repairs the City’s storm drain system. One of those resources is Shenandoah General Construction Company LLC, which has the capability to clean, video inspect, and repair this system, particularly large diameter pipes that are beyond the City’s in-house capabilities. Shenandoah currently has a renewed contract with Broward College valid until November 26, 2024. Staff has determined that their pricing and other terms and conditions are reasonable and beneficial for as-needed work in Cooper City. The approved cleaning services is an approved item in the Fiscal Year 2024 budget for Stormwater.

City Commission Approves Task Order 2023-02 for Vulnerability Assessment of City’s Critical Assets
The City Commission approved Task Order (TO) 2023-02 to Hazen & Sawyer (Hazen) in the amount not to exceed $170,000 for the Vulnerability Assessment of the City’s critical assets as required in the Florida Department of Environmental Protection (FDEP) Grant, Agreement No. 23PLN78 subject to the final signoffs. Hazen is one of the three (3) consultants selected through City’s RFQ No. 2020-1 and approved by the City Commission on June 8, 2021 after meeting the requirements of Florida Statute (FS) 287.055, commonly known as Consultants’ Competitive Negotiation Act (CCNA). Hazen is performing a similar assessment for Broward County, and their familiarity with the City’s utility system and long history of working with the City staff makes them best suited for this project. This Task Order will be funded entirely by grant monies and will be available after the aforementioned Agreement is signed off by the DEP.

City Commission Approves Resolution 24-02
The City Commission approved a resolution which authorizes and directs City staff to enter into a grant agreement with the Florida Department of Environmental Protect (FDEP) for Vulnerability Assessment (VA) under the DEP’s Resilient Florida Program in the amount of $170,000. This VA Study is not only a statutory requirement but is also necessary to assess the impacts on critical assets due to sea-level rise and flooding. Although Cooper City is fairly inland, it does about one of the regional canal systems, C-11, and its water levels could potentially have an impact on our critical assets. The FDEP staff has advised that if the VA Study identifies and concludes that upgrades of certain critical assets are necessary, the City may be eligible for matching grant funds for future construction.

City Commission Approves Ordinance 24-01 on First Reading
The City Commission approved an ordinance amending Chapter 23 of the City’s Code of Ordinances entitled “Zoning Districts.” This amendment specifically deletes Article V, Section 23-104.1, entitled “Pharmacies, Medical Offices or Clinics, and Medical or Dental Laboratories – Local Restrictions.” This amendment effectively lifts the restriction on pharmacies being located within the same parcel of land or tract of any medical office or clinic, or any medical or dental laboratory. This ordinance will be brought forward for a second reading during the City Commission Regular Meeting scheduled for January 23, 2024.

City Commission Approves Ordinance 23-27 on Second Reading
The City Commission approved, on second reading, an amendment to the adopted budget for Fiscal Year (FY) 2023-2024. In accordance with the Florida Statutes, City staff is allowed to amend the fiscal year’s budget in a manner similar to the adoption of the budget: by ordinance. Due to unexpected events/items that have occurred since the adoption of the budget on September 26, 2023, staff proposed a budget amendment that increases the FY 2023-2024 budget by $537,837.

City Commission Approves Ordinance 23-28 on Second Reading
The City Commission approved, on second reading, an amendment to Chapter 5 of the City’s Code of Ordinances, entitled “Animals and Fowl,” by specifically amending Article I, entitled “In General,” by creating Section 5-5, to be entitled “Keeping of Roosters,” prohibiting the keeping of roosters in residential zoning districts in Cooper City.  

City Commission Approves Ordinance 23-29 on Second Reading
The City Commission approved, on second reading, an amendment to Chapter 13 of the City’s Code of Ordinances, entitled “Public Safety,” amending Article VI, entitled “Code Enforcement,” by specifically amending Section 13-65, entitled “Special Magistrate System Created; Qualifications; Terms; Removal,” amending the City’s procedures for engaging and removing the City’s Special Magistrates.

City Commission Approves Resolution and Authorizes Participation in Lawsuit
The City Commission approved a resolution that authorizes participating in a lawsuit seeking declaration that the provision of Section 112.144(1)(d), Florida Statutes, that require municipal elected officials to file Form 6 Financial Disclosure Forms is unconstitutional and invalid. Weiss Serota Helfman Cole + Bierman, PL (the “Firm”) is hereby retained to represent the City in this litigation. The Firm will charge the City a flat fee, inclusive of attorneys’ fees and costs, of $10,000 to represent the City and the individual elected officials who choose to participate as plaintiffs, for the litigation in the trial court.

More Information
For more information related to items on the January 9, 2024 agenda, please visit: https://meetings.municode.com/adaHtmlDocument/index?cc=COOPERCITY&me=b068651455244fdebaa06cdae44cdfab&ip=true.

The next City Commission Regular Meeting will be held on January 23, 2024 at 6:30 p.m. at Cooper City Hall located at 9090 SW 50 Place, Cooper City, FL 33328.