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City of Tamarac Ordinance O-2024-010
Temp. Ord. # 2557 Second Reading June 26, 2024 Page 1 of 5 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2024 - ©10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 24-01 R, TO WASTE MANAGEMENT OF FLORIDA, INC., BASED UPON THE BEST AND FINAL OFFER, FOR FURNISHING COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE AND RECYCLING AND COMMERCIAL SOLID WASTE; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FRANCHISE AGREEMENT, AND TO TAKE ACTION CONSISTENT WITH THE INTENT OF THIS ORDINANCE; PROVIDING FOR THE ABILITY TO REVISE RATES FOR SOLID WASTE AND RECYCLING COLLECTION AND DISPOSAL SERVICES THROUGH THE ADOPTION OF A RESOLUTION BY THE CITY COMMISSION; 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, the City currently has an exclusive Franchise Agreement with Waste Management of Florida, Inc., ("Waste Management") for residential solid waste collection, disposal, and commercial solid waste collection; and WHEREAS, the Franchise Agreement was awarded by the City Commission upon the second reading of Ordinance No. 0-2011-07 on July 13, 2011; and WHEREAS the Franchise Agreement was renewed in 2019, via Ordinance 0- 2019-13, and subsequently extended for one year via Ordinance No. 0-2023-010 on May 10, 2023, copies of said Ordinances are incorporated herein by reference and are on file in the Office of the City Clerk; and WHEREAS, the current Franchise Agreement with Waste Management expires on Temp. Ord. # 2557 Second Reading June 26, 2024 Page 2 of 5 September 30, 2024; and WHEREAS, the City held a public workshop and conducted an on-line survey to obtain public input regarding solid waste services; and WHEREAS, the City values the competition between service provides to ensure high-level of service at competitive pricing for all contractor -provided services; and WHEREAS, the RFP Number 24-01 R was published on February 8, 2024, and the City received three (3) proposals from Coastal Waste & Recycling, Inc., Waste Management Inc. of Florida, and Waste Pro Inc. of Florida; and WHEREAS, an Evaluation Committee consisting of the Assistant City Manager, Financial Services Director, Assistant Director Public Services/Public Works, Public Services Operations Manager, and the Solid Waste Project Manager of the City of Coconut Creek, facilitated by the Procurement and Contracts Manager and the Assistant Procurement and Contracts Manager evaluated the non -price components of the proposals, and all three (3) proposers were invited to provide oral presentations, and following oral presentations, the Evaluation Committee submitted their evaluation scores; and WHEREAS, NewGen Strategies and Solutions was hired as a consultant to assist the City with the RFP development and cost analysis and it evaluated the cost component of the evaluation and provided the evaluation scores for the cost component only; and WHEREAS, the average evaluation scores for the non -price components and the price proposals were presented to the City Commission via City Commission Workshop on May 6, 2024, a copy of the Evaluation Scores are attached hereto as "Exhibit 1 ", and Temp. Ord. # 2557 Second Reading June 26, 2024 Page 3 of 5 WHEREAS, at the May 6, 2024 Commission Workshop, the City Commission arrived at a consensus to select Waste Management for the final determination of the award based upon the firms' submitted proposals, Evaluation Committee findings, cost evaluation, and the proposers' presentations; and WHEREAS, at the May 8, 2024 City Commission Meeting, the City Commission deliberated on the matter and passed a motion to allow all three (3) proposers to submit their best and final offer and best customer service plan to the City for consideration; and WHEREAS, at the May 22, 2024 Commission Meeting, the City Commission determined the BAFO submitted by Waste Management to be the most advantageous to the City, and authorized the City Manager to finalize the Franchise Agreement with Waste Management, based upon the BAFO, and WHEREAS, the Director of Public Services, Director of Financial Services, and the Procurement and Contracts Manager, recommend the City Commission approve the award of RFP No. 24-01 R to Waste Management, and authorize the City Manager or Designee be authorized to execute said Franchise Agreement, based upon the BAFO, a copy of said Agreement is attached hereto as "Exhibit 2"; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP No. 24-01 R to Waste Management, and authorize the City Manager or Designee to execute the Franchise Agreement with Waste Management, based upon the BAFO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Temp. Ord. # 2557 Second Reading June 26, 2024 Page 4 of 5 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 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 of this Ordinance. SECTION 2: The City Commission, pursuant to Section 6-146(a)(3)(h) of the City Code, providing that the City Commission may award proposals in the best of the interest of the City, HEREBY awards RFP No. 24-01 R to Waste Management of Florida, Inc. and authorizes the City Manager or designee to execute a Franchise Agreement with Waste Management of Florida, Inc., a copy of the Agreement is attached hereto as "Exhibit 2". SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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 effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Temp. Ord. # 2557 Second Reading June 26, 2024 Page 5 of 5 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this '�a-A day of�( 12024. PASSED, SECOND READING this ,*4f` day of _11_01 }t5� , 2024. ATTEST: &BERL DILLON, CMC CITY CLERK ICHELLE J. GO Z, MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ `ft DIST 1: COMM. BOLTON No DIST 2: V/M WRIGHT JR �� DIST 3: COMM. VILLALOBOS DIST 4: COMM. DANIEL 'P RECORD OF COMMISSION VOTE: 2^d Reading MAYOR GOMEZ DIST 1: COMM. BOLTON A10 DIST 2: V/M WRIGHT JR ` t✓ _ DIST 3: COMM. VILLALOBOS DIST 4: COMM. 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C m O L E O t.i ra Yro ru cu C) V (Q u c a U p0 C N u E V O C U— LL a, � m _0 in O W 0 w ro > cu Z o (D .5 O ti +n c O U) 0)O d O � � Y O �+ > Ct ry u m° m v° 0 c'"n u r-M W CL �L O N VJ Li. O O O O a O O pM W O O O O a O a ~ O O O O O O O a C G7 E t0 � C'i. m O O O m o o a o 0 0 0 0 0 0 0 6 6 co �7 V M Fi C tC - 41 v CA u O O a O a O O O v O a a O a O a u eG a O a41 O a O a s a pt o 0 0 0 0 0 o a o 0 0 Ln o o Ln o * { f V M M Ln N m a.+ Ln c u O F- o O C: ro c u- O L v a+ C O � � Q) u CY (V E W V Q) QC '.. m u U ' Q V �C : v U J v O Lu C� C L C fa L ++ _ L^ / V) 0 ^^'' W ^2Ln W V V• Q L O C > cn n. a ^' u m m u TAMARAC The City For Your Life CITYWIDE SOLID WASTE COLLECTION SERVICES AGREEMENT BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT INCORPORATED OF FLORIDA RFP 24-01 R The City For Your Life TAMARAC The City For Your Life Table of Contents 1) DEFINITIONS...............................................................................................................................6 2) THE AGREEMENT DOCUMENTS.............................................................................................10 3) THE WORK................................................................................................................................10 4) TERM OF THE AGREEMENT....................................................................................................11 5) TRANSITION IN SERVICE.........................................................................................................11 5.1. TRANSITION PRIOR TO COMMENCEMENT DATE OF SERVICE...........................................11 5.2. TRANSITION PRIOR TO EXPIRATION OF THIS AGREEMENT................................................12 6) SCOPE OF SERVICES..............................................................................................................13 6.1. SCOPE OF WORK GENERALLY: .............................................................................................. 13 6.2. RESIDENTIAL COLLECTION SERVICES..................................................................................13 A. Residential Solid Waste Collection...................................................................................13 B. Residential Program Recyclables Collection....................................................................14 C. Residential Bulk Waste Collection....................................................................................14 D. Residential Special Collection Services............................................................................14 E. No Mixing of Residential Waste........................................................................................15 F. Side or Back Door Collection............................................................................................15 G. Hours...............................................................................................................................16 H. Accessibility.....................................................................................................................16 I. Manner of Collection........................................................................................................16 J. Spillage............................................................................................................................16 6.3. RESIDENTIAL COLLECTION CONTAINERS.............................................................................17 A. Purchase and Distribution of Solid Waste Carts...............................................................17 B. Purchase and Distribution of Program Recyclables Carts.................................................17 C. Repair and Replacement of Solid Waste and Program Recyclables Carts.......................18 D. Minimum Specifications for Carts.....................................................................................18 6.4. CLUBHOUSE COLLECTION SERVICE.....................................................................................19 6.5. FOR ALL RESIDENTIAL SERVICE: ........................................................................................... 19 6.6. MULTIFAMILY COLLECTION SERVICES..................................................................................20 A. Multifamily Solid Waste Collection....................................................................................20 B. Multifamily Program Recyclables Collection.....................................................................20 C. Multifamily Bulk Waste Collection.....................................................................................20 D. For All Multifamily Collection Service................................................................................21 6.7. COMMERCIAL COLLECTION SERVICE...................................................................................21 A. Commercial Solid Waste Collection..................................................................................21 B. Commercial Bulk Waste Collection...................................................................................22 C. For All Commercial Collection Service.............................................................................22 TAMARAC The City For Your Life 6.8. CITY FACILITY COLLECTION SERVICE...................................................................................23 A. City Facility Solid Waste Collection..................................................................................23 B. City Facility Program Recyclables Collection....................................................................23 C. City Facility Locations......................................................................................................23 6.9. SPECIAL EVENT COLLECTION SERVICE................................................................................26 6.10. COMMERCIAL CONTAINERS.........................................................................................26 6.11. ROUTES, SCHEDULES, AND HOLIDAYS......................................................................26 6.12. CONTINUITY OF OPERATIONS DURING AND AFTER A NATURAL DISASTER ..........27 6.13. DESIGNATED FACILITIES AND ALTERNATE FACILITIES............................................27 7) OFFICE......................................................................................................................................28 8) SERVICE INQUIRIES, COMPLAINTS, AND PROPERTY DAMAGE..........................................28 9) CONTRACTOR'S PERSONNEL................................................................................................30 10) EQUIPMENT..............................................................................................................................31 11) INSPECTION: ............. .................................................... .......................................................... 32 12) RECORDKEEPING, REPORTING, AUDIT, AND INSPECTION RIGHTS...................................32 13) INTERPRETATION OF PERFORMANCE AND ADMINISTRATIVE CHARGES .........................33 14) RATES, BILLING PROCEDURES, PAYMENTS, AND FRANCHISE FEES................................35 14.1. RESIDENTIAL RATES AND BILLING..............................................................................35 14.2. MULTIFAMILY AND COMMERCIAL RATES AND BILLING............................................36 14.3. CONTRACT ADMINISTRATION AND PREPARATION COSTS......................................36 15) RATE ADJUSTMENTS...............................................................................................................36 15.1. COLLECTION COMPONENT OF RATES........................................................................36 15.2. DISPOSAL OR PROCESSING COMPONENT OF RATES..............................................37 15.3. EXTRAORDINARY RATE ADJUSTMENT.......................................................................38 16) PUBLIC EDUCATION ACTIVITIES.............................................................................................38 17) COMMUNITY ENGAGEMENT...................................................................................................39 18) TITLE TO WASTE......................................................................................................................39 19) PROHIBITION ON COMMINGLING OF MATERIALS.................................................................40 20) ADDITION OR DELETION OF PROGRAM RECYCLABLES......................................................40 21) SPILLAGE, LITTER AND LEAKAGE..........................................................................................40 22) DAMAGE TO PROPERTY..........................................................................................................40 23) PERMITS, LICENSES, TAXES AND FEES................................................................................41 24) PERFORMANCE BONDS..........................................................................................................41 25) QUALITY STANDARDS PROGRAM..........................................................................................41 26) INSURANCE..............................................................................................................................42 27) INDEMNIFICATION....................................................................................................................44 28) NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT.........................................44 29) INDEPENDENT CONTRACTOR................................................................................................45 TAMARAC The City For Your Life 30) ASSIGNMENT AND SUBCONTRACTING..................................................................................45 31) NOTICE......................................................................................................................................45 32) TERMINATION...........................................................................................................................46 32.1. DEFAULT BY CONTRACTOR.. ........................................................................................46 32.2. CITY TERMINATION.......................................................................................................46 33) UNCONTROLLABLE FORCES..................................................................................................47 34) VENUE.......................................................................................................................................48 35) SIGNATORY AUTHORITY.........................................................................................................48 36) SEVERABILITY; WAIVER OF PROVISIONS..............................................................................48 37) MERGER; AMENDMENT...........................................................................................................48 38) NO CONSTRUCTION AGAINST DRAFTING PARTY................................................................48 39) INTERPRETATION OF AGREEMENT.......................................................................................48 40) DEFINITION OF CLAIM..............................................................................................................49 41) PROCESS FOR DISPUTE RESOLUTION.................................................................................49 42) OPERATIONS DURING DISPUTE.............................................................................................49 43) COST SAVINGS.........................................................................................................................50 44) MISCELLANEOUS.....................................................................................................................50 44.1. SUCCESSION OF AGREEMENT....................................................................................50 44.2. SURVIVAL.......................................................................................................................50 44.3. NO PENALTIES...............................................................................................................50 44.4. FURTHER ASSURANCE.................................................................................................50 44.5. TIME OF THE ESSENCE................................................................................................50 44.6. CAPTIONS AND SECTION HEADINGS..........................................................................50 44.7. NO WAIVER....................................................................................................................50 44.8. APPENDICES..................................................................................................................51 44.9. ATTORNEY FEES...........................................................................................................51 44.10. AUTHORIZATION............................................................................................................51 44.11. TAXES.............................................................................................................................51 44.12. PERMITS FEES AND NOTICES......................................................................................51 44.13. BUDGET CONSTRAINTS................................................................................................51 44.14. UNAUTHORIZED ALIENS...............................................................................................51 44.15. PUBLIC ENTITY CRIME..................................................................................................52 44.16. FINANCIAL INTEREST....................................................................................................52 44.17. ALL PRIOR AGREEMENTS SUPERSEDED...................................................................52 44.18. PUBLIC RECORDS / AUDITS.........................................................................................52 44.19. SCRUTINIZED COMPANIES F.S. 287.135 AND 215.473................................................53 44.20. E-VERIFY COMPLIANCE................................................................................................54 44.21. PUBLIC RECORDS CUSTODIAN...................................................................................54 TAMARAC The City For Your Life Exhibit 1 56 Exhibit 2 58 Exhibit 3 59 TAMARAC The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC, FLORIDA AND WASTE MANAGEMENT INC. OF FLORIDA THIS AGREEMENT is made and entered into this Z, k day of -I_LKNC- ao;� i- _ by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and Waste Management Inc. of Florida a Florida corporation with principal offices located at 1800 N. Military Trail, Suite 201, Boca Raton, FL 33431 (the "Contractor") to provide for Residential and Multifamily 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 within the corporate bounds of the City of Tamarac Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) DEFINITIONS The capitalized words and phrases in this Agreement are defined in this Section 1. The definitions contained in this Section 1 shall be used when interpreting this Agreement. In the event that a definition herein conflicts with a similar definition in a federal, state, or local law, the definition herein shall prevail when construing this Agreement. If the definition of a term in this Agreement is inconsistent with the definition of the same term in Section 403.703, Florida Statutes, the definition in Section 403.703, Florida Statutes, shall prevail, but only to the extent necessary to resolve the conflict between the two (2) definitions. Agreement shall mean the written Agreement entered into between the City and the Contractor for the provision of Collection Services and any written amendment thereto as agreed upon by the City and the Contractor. Apartment or apartment house shall mean a building containing non -owner occupied residential units occupied or intended to be occupied by more than two (2) families, living separately and with separate kitchens or facilities for doing their own cooking on the premises, or by more than two (2) families, individuals, or groups of individuals. Apartments are considered to be a Commercial Service Unit. Automated Collection shall mean the collection of Solid Waste or Recovered Materials using Carts. Automated collection may mean an automated collection system or a semi -automated collection system. Brush Material or Brush shall include all accumulations of shrubbery, cuttings, palm fronds, or tree limbs and other items of a similar nature. Bulk Waste shall mean large, discarded items including, but not limited to, discarded White Goods, toilets, pool heaters, sheet metal, bedding, furniture, and other similar items. TAMARAC The City For Your Life Carts shall mean a container with an attached tightfitting lid of up to 96 gallons mounted on wheels and designed to hold Recovered Materials or Solid Waste and to be mechanically dumped into a collection vehicle. All Carts shall be clearly marked in a manner approved by the Contract Administrator. City shall mean the City of Tamarac, Florida, a municipal corporation of the State of Florida acting through the City Commission, City Manager, or official designated by the City Manager. City Facility shall mean a City owned location designated for service under this Agreement. Clubhouse shall mean a common area facility of a homeowners' association available to all parcel owners and their guests for recreational activities, meetings, and events. Collection and Collect shall mean the act of picking up Solid Waste, Program Recyclables, Yard Waste, or Bulk Waste and delivering it to a Designated Facility. Collection Service shall mean the Collection of Solid Waste, Program Recyclables, Yard Waste, and Bulk Waste, and delivery to the Designated Facility by the Contractor. Commercial Service Unit shall mean all units other than Residential Service Units, Multi- family Service Units, or City Facilities; and shall include apartments or apartment houses, as defined above. The City reserves the right to designate establishments as Commercial Service Units under this Agreement. Contaminated Recyclable Material pursuant to Section 403.706 of Florida Statutes, means Program Recyclables in a Program Recyclables Cart that contains more than 30% (by volume or weight) non -recyclable, non -recoverable material. For the purposes of this definition only, the weight or volume of the material may be based on an estimate from a visual inspection of the material or photographs of the material. Contractor shall mean that person or entity that has entered into this Agreement to provide the services described herein. Contract Administrator means the City of Tamarac Public Services Director or his/her designee. Compactor shall mean any Container, regardless of its size, which has a compaction mechanism, whether stationary or mobile, and approved for use by the Contract Administrator. Container shall mean Cart, Compactor, Dumpster, and/or Roll -off. Curbside shall mean adjacent to, or in proximity, to thoroughfares, roadways, or parking areas as determined by the Contract Administrator. Customers shall mean Residential Service Units, Multifamily Service Units, and/or Commercial Service Units. Designated Facility shall mean the disposal and recycling / recovery facilities designated by the City for receiving Solid Waste, Program Recyclables, Yard Waste, or Bulk Waste, under this Agreement., Dumpster shall mean any Container, excluding Compactors, with a tight -fitting lid and a minimum capacity of one (1) cubic yard, a maximum capacity of eight (8) cubic yards, and approved for use by the Contract Administrator. TAMARAC The City For Your Life Enclosure shall mean any structure designed for the storage of Containers at Commercial Service Units or Multifamily Service Units. Franchise Fee shall mean the charge for the Contractor's use of present and future streets, alleys, bridges, easements, and other public places in the City. Garbage shall mean kitchen and table refuse, all general combustible waste, such as paper and rags, paperboard boxes, and every accumulation of animal and vegetable matter that attend the preparation, decay, dealing in or storage of food such as: meats, fish, fowl, game, fruits, and vegetables. Improper Set -out Notice shall mean a notification form left on non -conforming materials that are not collected by the Contractor. Incident shall mean one event (e.g., if the Contractor misses collection of waste from two (2) residences, it will count as two incidents). Multifamily Service Unit shall mean condominium residential units typically receiving Collection Service by Dumpsters or Compactors and shall not include Apartments. The City reserves the right to designate Multifamily Service Units. Program Recyclables shall mean the Recovered Materials that are acceptable in the City's program as delineated in Exhibit 1, and that are separated from the Solid Waste at the location where they are generated (e.g., Residential Service Units and Multifamily Service Units) and then Set Out for Collection at that location. The City reserves the right to amend the list of Program Recyclables from time to time. Program Recyclables Cart shall mean a receptacle with wheels with a capacity of up to approximately 96 gallons designed or intended to be mechanically dumped into a loader -packer type garbage truck and approved by Contract Administrator for the Collection of Program Recyclables. Ail such must be clearly marked in a manner as approved by the Contract Administrator. Rate(s) shall mean the fees and charges approved by the City for the Contractor's Collection Services as shown in Exhibit 2. Recyclable/ Recovered Material shall mean metal, paper, glass, plastic, textile, or rubber materials that have known recycling / recovery potential, can be feasibly recycled, and have been diverted and Source Separated or have been removed from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. In accordance with Florida Statutes § 403.703, Recyclable / Recovered Materials are not Solid Waste. Residential Service Units shall mean residential establishments located in Service Area and identified by Contract Administrator as Residential Service Units and utilizing a Solid Waste Cart(s) for the accumulation and set -out of Solid Waste in accordance with this Agreement. At the sole discretion of Contract Administrator, some, all, or none of the multi- family establishments utilizing Solid Waste Cart(s) shall be considered a Residential Service Unit(s). Residential Waste shall mean, for the purpose of this Agreement, Solid Waste, Program Recyclables, Yard Waste and Bulk Waste generated by a Residential Service Unit. TAMARAC The City For Your Life Roll -off shall mean any Container, excluding Compactors and Dumpsters, with a capacity of greater than eight (8) cubic yards which is normally loaded onto a motor vehicle and transported to a disposal facility or recovered materials facility and approved for use by the Contract Administrator. Rubbish shall mean any accumulation of useless material other than garbage, brush material, or Unacceptable Waste. Scavenge shall mean the unauthorized removal of Recovered Material after the generators thereof divest control physically or as a matter of appropriate law, rule, or regulation. Service Area shall mean the municipal limits of the City. Single Stream shall mean a Collection process in which all Program Recyclables are collected mixed together with no sorting required by Residential Service Unit, Multifamily Service Unit, City Facility, or other Person generating the Program Recyclables. Sludge shall include the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Special Events shall mean events sponsored or co -sponsored by City. Solid Waste shall mean, for the purpose of this Agreement, Garbage, Rubbish, and other discarded materials. For the purposes of this Agreement, the only things Solid Waste excludes are Program Recyclables, Bulk Waste, Yard Waste, or Unaccepted Waste. Source Separated shall mean that the Program Recyclables are separated from Solid Waste at the location where the Program Recyclables and Solid Waste are generated. The term does not require that various types of Program Recyclables be separated from each other. Special Collection Service shall mean Collection Services provided by Contractor on a day other than the scheduled Collection day or in an amount greater than standard Collection Services. State shall mean the State of Florida. Time All references to the time shall mean the then current time in the United States Eastern time zone. Ton shall mean a unit of weight equal to 2,000 pounds. Unacceptable, Waste shall include motor vehicles, trailers, comparable bulky items of machinery or equipment, highly flammable substances, hazardous waste, sludges, manure, explosives & ordinances, and any other material that cannot lawfully be accepted at the designated facility. White Goods shall include discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. White Goods shall include freon and non-freon containing appliances. Yard Waste shall mean vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. Yard Waste includes Brush. TAMARAC The City For Your Life 2) THE AGREEMENT DOCUMENTS The Agreement consists of this Agreement, Request for Proposal Document No. 24-01 R, "Citywide Solid Waste Collection Services", including all conditions therein, (General Terms and Conditions, Special Conditions and/or Special Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal included herein, and all modifications issued after execution of this Agreement. These contract documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event that there is a conflict between Request for Proposal Document #24-01 R titled "Citywide Solid Waste Collection Services" as issued by the City, and the Contractor's Proposal, dated March 21, 2024, Request for Proposal Document #24-01 R titled "Citywide Solid Waste Collection Services" as issued by the City shall take precedence over the Contractor's Proposal. Furthermore, in the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 3) THE WORK The Contractor shall perform all work for the City required by the Agreement documents as set forth below: (1) Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. (2) Employees of the successful Contractor shall at all times be under its sole direction and not an employee or agent of the City. The Contractor shall employ competent and qualified personnel to perform the work described herein. The City may require Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Contractor shall be responsible to the City for the acts and omissions of all employees working under its directions, including sub -contractors. Under no circumstances shall the successful contractor utilize temporary labor for the execution of services under this Agreement, unless specifically authorized by the City in writing. (3) Contractor has been familiarized with the Agreement Documents and the nature and extent of the work required to be performed, locality, and local conditions; and shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. (4) Contractor has made or caused to be made examinations, investigations and tests and studies as deemed necessary for the performance of the Collection Services at the Rates, in accordance with the other terms and conditions of the Agreement Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by Contractor for such purposes. (5) Contractor has correlated the results of all such observations, examinations, investigations, tests, reports, and data, as applicable, with the terms and conditions of the Agreement Documents. TAMARAC The City For Your Life (6) Contractor has given City written notice of all conflicts, errors or discrepancies that have been discovered in the Agreement Documents and the written resolution thereof by City is acceptable to Contractor. 4) TERM OF THE AGREEMENT The term of this Agreement shall be for a seven (7) year period beginning on the Commencement Date, October 1, 2024, and terminating September 30, 2031. After the initial term, the City may renew the Agreement for one additional three (3) year term based on the City's determination that Contractor has provided satisfactory service. Exercising of renewal options shall be mutually agreed upon in writing by both the City and Contractor. To renew the Agreement, the City shall provide written notice to Contractor no later than one year preceding the scheduled date of expiration. During the initial term or any renewal term, the City may terminate the Agreement at any time pursuant to the provisions in the Agreement. 5) TRANSITION IN SERVICE 5.1. TRANSITION PRIOR TO COMMENCEMENT DATE OF SERVICE. Contractor is responsible for providing a smooth transition in services to minimize inconvenience to Customers. To accomplish this objective, Contractor shall submit to the Contract Administrator, prior to the City's execution of this Agreement, a Transition Plan that provides a detailed description of how Contractor will plan and prepare for initiating Collection Services on the commencement date. The Transition Plan must meet the approval of the Contract Administrator. If the Contract Administrator does not approve any part of the Transition Plan, Contractor shall provide a revised proposed Transition Plan within five (5) business days of notification. At a minimum, Contractor must address the specific performance requirements listed below in the Transition Plan and accomplish them according to deadlines specified in the City -approved plan. This list is not intended to identify all necessary tasks to be performed by Contractor, but to provide a springboard for Contractor to develop a comprehensive Transition Plan: (1) Contact List: List of key transition personnel including, but not limited to, service transition project manager, education and outreach coordinator, and operations director (or similarly titled positions). (2) Transition Meeting and Call Schedules: Proposed meeting and call schedules including, but not limited to, meetings with the Contract Administrator, City staff, and outgoing contractor leading up to the Commencement Date. (3) Office: Schedule for setting up an office, installing local telephone number routed to the office, and training staff to begin receiving calls. (4) Fleet: Schedule for ensuring that all vehicles are street legal (registered, insured, licensed, and tagged) and providing a vehicle/equipment list and route summary to the Contract Administrator. For all new purchases, Contractor shall provide a list of vehicles, manufacturer, purchase order, and documentation of anticipated delivery date. This should take into account coordination between Contractor and Contract Administrator for difficult to serve areas of the City that may require specialized vehicles. (5) Cart Procurement: Schedule for purchase and manufacturing of Contractor provided TAMARAC The City For Your Life Carts for Collection Services including artwork approval by the City and prototype delivery. The City retains the right to require acceptable documentation including, but not limited to, purchase orders, delivery schedules, and receipts of payment. (6) Education and Outreach: Schedule for developing, producing, and delivering education and outreach materials. All education and outreach material are subject to approval by the Contract Administrator prior to production and distribution. (7) Staffing and Training: Schedule for obtaining necessary labor and training staff on equipment and routes as well as specific Collection requirements of this Agreement for consistency of quality service. (8) Swap out of commercial Containers owned by outgoing contractor. (9) Routing: Schedule for developing Solid Waste, Program Recyclables, and Bulk Waste routes, identifying obstacles such as low trees and overhead wires, and conducting dry -runs of collection routes. (10) If requested by the Contract Administrator, the Transition Plan shall include the manufacturer's specification sheets for the Containers provided by the Contractor under this Agreement. (11) The Transition Plan shall identify the mechanism by which Contractor will track and provide the Contract Administrator with certain Customer data, such as set out rates, and other metrics agreed upon by the Contractor and Contract Administrator as part of the Transition Plan. (12) Reporting: The Transition Plan shall identify the Customer data required to be tracked and reported to the Contract Administrator throughout the term of this Agreement. Contractor and Contract Administrator shall meet to discuss and agree upon the metrics to be tracked and reported prior to the commencement date. 5.2. TRANSITION PRIOR TO EXPIRATION OF THIS AGREEMENT. (1) Should the City choose not to exercise the renewal option of this Agreement, or should no renewal options remain, the City anticipates awarding a new agreement at least six (6) months prior to the expiration of this Agreement or any subsequent renewals. In the event a new agreement has not been awarded within such time frame, Contractor agrees to provide service to the City for up to an additional one hundred and eighty (180) day period beyond the expiration of the Agreement, provided the City requests said services, in writing, at such time. The service rates for this additional period will be adjusted as they normally would on October 1 as specified in this Agreement. (2) At the expiration of this Agreement, Contractor shall work with the City and the newly selected hauler to ensure a smooth transition period with no interruption of service, including, but not limited to, compliance with the following performance requirements: a. Six (6) months prior to Agreement expiration, provide the Contract Administrator with a Multifamily Service Units and Commercial Service Units Container inventory, in a format acceptable to the City, which includes for each Container its location (street address), capacity, identification number, collection frequency, customer name, and customer contact information. TAMARAC The City For Your Life b. Attend coordination meetings with the City and newly selected hauler, as requested. c. Work with the newly selected hauler to develop a mutually agreeable schedule for removal of Contractor -owned Containers and placement of newly selected hauler's containers. The schedule shall ensure no interruption in solid waste services. d. Allow the newly selected hauler to purchase or rent for up to ninety (90) days, Contractor - owned Containers from Contractor. The purchase price and/or rental shall be negotiated. (3) The City reserves the right to withhold payment to Contractor for the final month of service until Contractor has complied with all requirements of this Section. 6) SCOPE OF SERVICES 6.1. SCOPE OF WORK GENERALLY: Contractor shall provide Solid Waste, Program Recyclables, Yard Waste, and Bulk Waste Collection Services for the City. Contractor shall provide all labor, equipment, materials, and supplies necessary to provide Solid Waste, Yard Waste, Bulk Waste, and Program Recyclables Collection Services to Residential Service Units, Multi Family Service Units, and City Facilities; and shall provide Solid Waste and Bulk Waste Collection Services to Commercial Units within the City. All services provided pursuant to this Agreement shall be conducted in a manner consistent with the City's Code of Ordinances, including, but not limited to, City Ordinance 2010- 15, which is incorporated herein by reference, and as may be amended from time to time. In addition, all services shall conform with the provisions of the Interlocal Agreement between Broward County and the member municipalities with the intent to form a Solid Waste Authority, which Tamarac joined in May 2023. Among other things, in the future, this could result in additional materials being designated for diversion and/or certain facilities being designated for processing of certain materials. In the event that a change in which materials are designated for separate Collection and/orwhich facilities are used for processing, the City and Contractor agree to negotiate in good faith regarding appropriate Rate adjustments to reflect additional costs or cost savings that may be realized. Any Rate adjustment is subject to approval by the City Commission. Nothing in this scope of work is intended to prohibit any firm from providing Recyclable / Recovered Materials collection services to Commercial Service Units in the City in accordance with 403.7046, Florida Statutes. 6.2. RESIDENTIAL COLLECTION SERVICES A. Residential Solid Waste Collection. (1) Contractor shall provide Residential Solid Waste Collection using Automated Collection Service to all Residential Service Units that have properly set out materials in the Service Area two (2) times per week with not less than forty-eight (48) hours or more than seventy- two (72) hours between regularly scheduled pickup days, with the exception of Holidays as set forth herein. To the greatest extent possible, Contractor shall maintain the existing Collection schedule, unless a modification is approved by the Contract Administrator. (2) All Solid Waste is to be placed in Solid Waste Carts. Residential Service Units may request TAMARAC The City For Your Life Contractor to provide and service additional Solid Waste Carts as specified in Section 6.2.0 of this Agreement. B. Residential Program Recyclables Collection. (1) Contractor shall provide Program Recyclables Collection using Automated Collection Service to all Residential Service Units in the Service Area. This service shall be provided once every week on the same day as Solid Waste Collection Service on a scheduled route basis. (2) Program Recyclables shall be collected in a single stream, meaning that paper and commingled containers may be placed in the same Program Recyclables Cart. All Program Recyclables are to be placed in Program Recyclables Carts. Residential Service Units may request Contractor to provide and service additional Program Recyclables Carts as specified in Section 6.2.0 of this Agreement. C. Residential Bulk Waste Collection. (1) Contractor shall provide Residential Bulk Waste Collection, which may consist of up to three (3) cubic yards of Yard Waste and Bulk Waste, to all Residential Service Units in the Service Area once per week. (2) In the event that Bulk Waste exceeds the allowable cubic yard limit, Contractor will treat this as a Special Collection Service in accordance with Section 6.2.C.(5). (3) Contractor may collect Bulk Waste and Yard Waste in the same vehicle or in separate vehicles but may in the future need to collect such material in such a way that Yard Waste can be separated for diversion. (4) Contractor shall promptly restore the soil and grade at any location where Contractor's Collection creates a depression that is six (6) inches or more below the surrounding grade (e.g., when collecting with a grapple/knuckle-boom). Contractor shall fill such depressions and restore the grade to match the surrounding area. Contractor also shall replace any sod that was removed or killed by Contractor's actions. D. Residential Special Collection Services (1) For an additional fee, Residential Service Units may request Special Collection Service from Contractor that exceeds the base -level services outlined herein. Contractor shall be responsible for invoicing and collecting payment from Residential Service Units for Special Collection Services outlined in this Section in accordance with the fee schedule set forth in Exhibit 2. The City is not liable for a Residential Service Unit's failure to remit payment to Contractor for any Special Collection Service provided. (2) Solid Waste Collection on unscheduled day. Upon request by a Residential Service Unit and after approval by the Residential Service Unit of the service fee, Contractor shall collect Residential Solid Waste on an unscheduled day, provided it is one of Contractor's scheduled days within the City. Contractor may charge the Residential Service Unit seeking an unscheduled day Residential Solid Waste Collection an additional amount not to exceed the fee schedule set forth in Exhibit 2. TAMARAC The City For Your Life (3) Collection of additional Solid Waste Cart(s) as described in Section 6.3.A.(4) and/or Collection of additional Program Recyclables Cart(s) as described in Section 6.3.B.(3). (4) Bulk Waste Collection on unscheduled day. Upon request by a Residential Service Unit and after approval by the Residential Service Unit of the service fee, Contractor shall collect Bulk Waste on an unscheduled day. Contractor may charge Residential Service Units seeking off -day Residential Bulk Waste Collection an amount not to exceed the Bulk Waste fee schedule set forth in Exhibit 2. (5) Bulk Waste in excess of the allowable cubic yard limit. If a Residential Service Unit places more than three (3) cubic yards of Bulk Waste curbside for Collection, Contractor may leave an Improper Set -out Notice or may offer Special Collection Service. Upon request and approval of the Residential Service Unit, Contractor shall provide additional collection of Bulk Waste for an additional fee based upon the estimated cubic yardage of the Bulk Waste and in accordance with the fee schedule set forth in Exhibit 2. Contractor shall estimate the number of cubic yards of Bulk Waste and receive written approval of the estimation from the Residential Service Unit or the Contract Administrator prior to Collection. In the event of a dispute as to the cubic yardage estimate, the Contract Administrator shall have the sole authority to make the final determination. (6) At the end of each workday, Contractor shall notify the Contract Administrator of arrangements for any Residential Service Unit Special Collection Service and any occurrences of Bulk Waste exceeding the allowable cubic yard limit, whether or not the excess Bulk Waste was collected. Such notification shall include the customer name and address, service provided, amount of Bulk Waste collected, and amount not collected if applicable due to Unacceptable Waste, any digital photographs taken, and any amount charged to the Residential Service Unit. E. No Mixing of Residential Waste. Contractor shall collect Residential Solid Waste, Bulk Waste, and Program Recyclables generated in the City separate from any Solid Waste, Bulk Waste, or Program Recyclable generated in another jurisdiction. Further, the Contractor shall not mix Program Recyclables with Solid Waste or Bulk Waste during the Collection process. F. Side or Back Door Collection. Notwithstanding any term or definition set forth in this Agreement, side or back door Collection of Residential Solid Waste and Residential Program Recyclables from a Residential Service Unit shall be required if all adult occupants residing therein are disabled and if a request for side or back door Collection has been made to, and approved by, the Contract Administrator in the manner required by City. The Contract Administrator shall notify Contractor in writing of any customers requiring side or back door Collection. No additional monies shall be due to Contractor for the provision of side or back door Collection to disabled Residential Service Units. Excluding Residential Service Units deemed by the City as unable by reason of infirmity, and as validated by a medical professional, to place materials at the curbside, Contractor shall provide Solid Waste, Program Recyclables, and Bulk Waste Collection Services at the side door for all Residential Service Units requesting, in writing, Collection Services at the side door for an additional cost to the Residential Service Unit as set forth in Exhibit 2. Contractor shall be responsible for billing residents directly for side door service, and under no circumstances shall the cost of side door service be borne by the City. TAMARAC The City For Your Life G. Hours. Residential Collection Service shall be provided Monday through Friday, commencing no earlier than 8:00 a.m. and terminating no later than 8:00 p.m., with no service on Saturday or Sunday. The hours and/or days of Collection may be extended due to extraordinary circumstances or conditions, with the prior consent of the Contract Administrator. H. Accessibility. All properly prepared Residential Waste shall be placed within three (3) feet of the curb, swale, paved surface of the public roadway, closest accessible roadway, or other such location agreed to by Contractor and customer, which will provide safe and efficient accessibility to Contractor's collection crew and vehicle. In certain instances, properly prepared Residential Waste may be placed in driveway turnout areas to avoid placing it in the traveled roadway. Contractor shall report monthly to the Administrator all situations that prevent or hinder Collection on any premises. Manner of Collection. (1) Contractor shall provide Residential Collection Service with as little noise and disturbance as possible. (2) Contractor's employees shall completely empty any Container without obstructing alleys, roadways, driveways, sidewalks, or mailboxes. Carts shall be placed in an upright position with the lid closed. Containers with unattached lids shall be placed either in an upright position with the lid set on top or in an inverted position with the lid placed underneath to help prevent the lid from flying away or if that is impractical directly behind the Container. (3) Contractor's employees shall follow the regular walk for pedestrians while on private property. No trespassing by Contractor's employees will be permitted or crossing property to the adjoining premises unless the occupant or owner of both properties has given permission. Care shall be taken to prevent damage to property, including flowers, shrubs, and other plantings. Contractor is responsible for repairs to all damaged property. (4) Contractor's Collection vehicles shall remain on the right-hand side of the road when providing Residential Collection Service on two-way streets. At no time shall collection crews cross to the opposite side of the street to retrieve Containers or materials that have been set out for Collection. In situations where it is impossible or difficult to turn around to serve a location from the right side of the vehicle, then left -side service is permitted, but only in a manner than ensures the safety of residents and collection workers and only when approved by the Administrator. At no time shall Collection workers use the riding steps when the vehicle is backing up, exceeding 10 miles per hour, or traveling more than 0.2 miles. (5) Contractor shall not be required to collect any Carts that weigh in excess of two hundred and fifty pounds (250 Ibs.). In addition, Contractor shall not be required to collect any cans, bundles or bag that individually exceed four (4) feet in length or weigh in excess of fifty (50) lbs. J. Spillage. Contractor shall clean up any Residential Waste spilled from a Container by Contractor or its employees or Residential Bulk Waste spilled or scattered by Contractor or its employees. Care shall be taken by Contractor's employees to prevent damage to Containers by unnecessary rough treatment. TAMARAC The City For Your Life 6.3. RESIDENTIAL COLLECTION CONTAINERS A. Purchase and Distribution of Solid Waste Carts. (1) Residential Service Units shall retain Solid Waste Carts utilized during the previous collection contract. Prior to the Commencement Date, the Contractor shall ensure that all Residential Service Units are provided a Solid Waste Cart. Solid Waste Carts shall be of a similar size (i.e., sixty-five (65) gallon or similar size) and quality as those currently in use, meet the technical specifications provided in Exhibit 3, and be approved by the Contract Administrator. At the option of Contractor, Contractor may affix a sticker over the existing logo on the existing Solid Waste Carts. The Contract Administrator shall approve the sticker format prior to covering the existing logo. (2) Contractor shall deliver Solid Waste Carts within five (5) Workdays of notification of a new Residential Service Unit. Carts must meet the technical specifications provided in Exhibit 3 and be approved by the Contract Administrator. (3) The standard Solid Waste Cart shall be sixty-five (65) gallons or similar in size. However, Contractor shall make ninety-five (95) gallons (or similar in size) and thirty-five (35) gallons (or similar size) Solid Waste Carts available upon request by a Residential Service Unit. Residential Service Units may swap out their size Cart once every three years at no charge. If a change in size is requested more frequently than once every three years by a Residential Service Unit, the Contractor may charge the Residential Service Unit an amount not to exceed the Rate schedule set forth in Exhibit 2. (4) Upon request by a Residential Service Unit, Contractor shall provide more than one (1) Solid Waste Cart to accommodate extra materials. Contractor shall charge Residential Service Unit for each extra Solid Waste Cart in accordance with Exhibit 2. Contractor shall provide additional Solid Waste Carts within five (5) Workdays of request by a Residential Service Unit or the City. Contractor shall record all extra Solid Waste Carts delivered to Residential Service Units and report them monthly to the Contract Administrator. In the event that a Residential Service Unit desires the Collection of the extra Solid Waste Cart(s), Contractor shall issue an invoice for the Collection that shall be paid directly by the Residential Service Unit to Contractor in accordance with the Rate schedule provided in Exhibit 2. (5) Contractor shall not be required to collect any extra Solid Waste Cart(s) unless it has been paid to collect same. Residential Service Unit may cancel its extra Solid Waste Cart(s) Collection at any time. The City is not liable or responsible for any payment to Contractor for the failure of payment by a Residential Service Unit, or for Contractor's collection of such extra waste. B. Purchase and Distribution of Program Recyclables Carts. (1) Residential Service Units shall retain Program Recyclables Carts utilized during the previous collection contract. Prior to the commencement date, the Contractor shall ensure that all Residential Service Units are provided a Program Recyclables Cart. Program Recyclables Carts shall be of a similar size (i.e., sixty-five (65) gallons or similar size) and quality as those currently in use, meet the technical specifications provided in Exhibit 3, and be approved by the Contract Administrator. (2) At the option of Contractor, Contractor may affix a sticker over the existing logo on the existing Program Recyclables Carts. The Contract Administrator shall approve the sticker format prior to covering the existing logo. TAMARAC The City For Your Life (3) Contractor shall purchase and provide Program Recyclables Carts to all new Residential Service Units within five (5) Workdays of notification of a new Residential Service Unit. (4) The standard Program Recyclables Cart shall be sixty-five (65) gallons or similar in size. However, Contractor shall make ninety-five (95) gallons (or similar in size) and thirty-five (35) gallons (or similar size) Program Recyclables Carts available upon request by a Residential Service Unit. Residential Service Units may swap out their size Cart once every three years at no charge. If a change in size is requested more frequently than once every three years by a Residential Service Unit, the Contractor may charge the Residential Service Unit an amount not to exceed the Rate schedule set forth in Exhibit 2. (5) Upon request by a Residential Service Unit, Contractor shall provide more than one (1) Program Recyclables Cart to accommodate extra Program Recyclables. Contractor shall charge Residential Service Unit for the extra Program Recyclables Cart in accordance with Exhibit 2. (6) Contractor shall provide additional Program Recyclables Carts within five (5) Workdays of request by a Residential Service Unit or the City. Contractor shall record all extra Program Recyclables Carts delivered to Residential Service Units and report them monthly to the Contract Administrator. Additional Program Recyclables Carts shall be collected at no additional cost to the Residential Service Unit or the City. C. Repair and Replacement of Solid Waste and Program Recyclables Carts. (1) Contractor shall maintain a sufficient inventory of Solid Waste and Program Recyclables Carts to be able to deliver new or replacement Carts of the requested size within five (5) Work Days of receiving request. (2) Contractor shall repair or replace a Cart within five (5) Workdays of receiving notice from the City or customer of the need for repair, or if identified unserviceable by Contractor. (3) Any Carts damaged by the Contractor, including extra Carts, shall be replaced by the Contractor, at the Contractor's expense, at no cost or inconvenience to the Residential Service Unit. (4) The cost of replacing Carts due to loss, theft (without a documented police report), or destruction through no fault of the Contractor shall be charged by the Contractor to the Residential Service Unit for an amount not to exceed the Rate schedule set forth in Exhibit 2. This Rate may be adjusted by the City if Contractor provides sufficient documentation to demonstrate that such adjustment is warranted. This fee may be collected from the Residential Service Unit by Contractor at the time of delivery of the Cart. D. Minimum Specifications for Carts. The Solid Waste Carts and Program Recyclables Carts provided by Contractor pursuant to this Agreement shall, at a minimum, comply with the requirements set forth in Exhibit 3 (Specifications for Solid Waste Carts and Program Recyclables Carts), unless the City waives a requirement in writing. The Solid Waste Carts and Program Recyclables Carts may be equipped with Radio Frequency Identification ("RFID") chips or similar technology for tracking, but RFID is not required for Carts, provided Contractor clearly demonstrates the ability to track information relating to set out rates, and other information required by the Contract Administrator, as agreed upon between the Contract Administrator and Contractor in the Transition Plan. If RFID chips are required, the RFID chips shall be incorporated into Carts the Contractor delivers (but RFID chips do not need to be added to Carts already in TAMARAC The City For Your Life the possession of Residential Service Units at the commencement date). 6.4. CLUBHOUSE COLLECTION SERVICE (1) Contractor shall provide Solid Waste and Program Recyclables Collection Service to Clubhouses in the residential service area that require Collection Services. Contractor shall collect up to two (2) Carts of Solid Waste twice per week and two (2) Carts of Program Recyclables once per week at no charge to the City or the Clubhouse. (2) Clubhouses shall retain Solid Waste Carts and Program Recyclables Carts utilized during the previous collection contract. Prior to the commencement date, Contractor shall ensure that all Clubhouses are provided with a Solid Waste Cart and Program Recyclables Cart. Contractor shall be responsible for providing each Clubhouse with one (1) ninety- five (95) gallon Solid Waste Carts and one sixty-five (65) gallon Program Recyclables cart. (3) Swapping out the size of Carts, repairs and replacements of Carts and requesting additional Carts for Clubhouses shall be managed in the same manner as is described for Residential Service Units in Section 6.3 above. 6.5. FOR ALL RESIDENTIAL SERVICE: (1) The City shall designate Residential Service Units under this Agreement. (2) Contractor shall submit proposed scheduled collection days to the Contract Administrator for approval whose approval shall not be unreasonably withheld, on a schedule mutually agreeable to the City and Contractor. Program Recyclables shall be collected on one weekly pick-up each week. (3) Contractor shall collect all Solid Waste, Program Recyclables, Bulk Waste, and Yard Waste from Residential Service Units as required by this Agreement and that is set -out in accordance with this Agreement and City ordinance. Contractor shall not be required to collect the portion of the Solid Waste, Program Recyclables, Bulk Waste, or Yard Waste from Residential Service Units that is not set out in accordance with this Agreement or City ordinance. If Contractor does not collect all or a portion of the Solid Waste, Program Recyclables, Bulk Waste, and Yard Waste from Residential Service Units because materials do not conform with the acceptance standards contained in this Scope of Services or City ordinance, Contractor shall affix an Improper Set -out Notice. The Improper Set -out Notice shall identify the reason for non -collection and provide a phone number that the customer can call to obtain information about material collection. Copies of Improper Set -out Notices shall be provided daily to the City via electronic transmittal, including photographs to be entered into the City's tracking system (e.g., e-mail) or physical delivery of a copy of the notice. (4) Regarding the management of Contaminated Recyclable Material, pursuant to Section 403.706 Florida Statute, the City has adopted a definition of Contaminated Recyclable Material (see Section 1.) that is appropriate for the local community. Contractor is not obligated to open a Program Recyclables Cart to inspect the contents. However, if Contractor sees Contaminated Recyclable Material in a Container, Contractor shall (a) TAMARAC The City For Your Life place an Improper Set -out Notice on the Program Recyclables Cart, (b) place a hanger or other educational materials on the Program Recyclables Cart, and (c) leave the Contaminated Recyclable Material in the Program Recyclables Cart at Curbside when practical. These actions constitute the education and enforcement measures that Contractor is responsible for implementing when providing Collection Services and is Contractor's remedy when the Contractor discovers Contaminated Recyclable Materials in a Program Recyclables Cart. The City is responsible for implementing educational and enforcement programs in coordination with the Agreement as described in Section 16, and as the City deems appropriate in light of its funding and other constraints, thus promoting proper recycling techniques. Contractor shall notify the Contract Administrator of such Improper Set - out Notice at the end of each business day when the Improper Set -out Notice is given. (5) Contractor shall ensure all missed collections reported before 12:00 PM on a business day shall be serviced by the close of the business day. Contractor shall ensure all missed collections reported after 12:00 PM shall be serviced by 10:00 AM, the following business day. Complaints of missed collection that are cured on the same day shall not be assessed administrative charges. Contractor shall track suspected late set -outs and report same to the City in a manner that is acceptable to the City. 6.6. MULTIFAMILY COLLECTION SERVICES A. Multifamily Solid Waste Collection. Contractor shall collect a minimum of twice per week on a scheduled day, all Solid Waste Carts and Solid Waste Dumpsters from each Multifamily Service Unit in the City. Multifamily service units utilizing stationary Compactors shall have collection at a frequency of not less than once per week. Contractor and the Multifamily Service Unit shall mutually decide on the number and size of Carts, Dumpsters, and Compactors. The frequency of collection must conform to City ordinances. The Multifamily Service Unit may request collection more frequently than twice per week. In the event of a dispute, the Contract Administrator shall have the sole authority to make the final determination. B. Multifamily Program Recyclables Collection. Contractor shall collect a minimum of once per week all Program Recyclables from Program Recyclables Carts and Program Recyclables Dumpsters from each Multifamily Service Unit in the City. Contractor and the Multifamily Service Unit shall mutually decide on the number and size of Carts or Dumpsters. In addition, Contractor and the Multifamily Service Unit shall mutually decide on the frequency of Collection Service and scheduled days for Collection Services. In the event of a dispute, the Contract Administrator shall have the sole authority to make the final determination. The Contract Administrator may grant exceptions for the requirement for Program Recyclables Collection at Multifamily service Units. C. Multifamily Bulk Waste Collection. Contractor shall provide a collection of Bulk Waste from Multifamily Service Units a minimum of once per month. Upon written request of the Multifamily Service Unit, Contractor shall provide additional collection of Bulk Waste from the Multifamily Service Unit for an additional fee based upon the estimated cubic yardage of the Bulk Waste in accordance with the fee schedule set forth in Exhibit 2. Contractor shall estimate the number of cubic yards of Bulk Waste and receive written approval of the estimation from the Multifamily Service Unit or the Contract Administrator. In the event of a dispute as to the cubic yardage estimate, the Contract Administrator shall have the sole authority to make the final determination. TA�RAC The City For Your Life D. For All Multifamily Collection Service. (1) The City shall designate Multifamily Service Units under this Agreement (2) Contractor shall collect materials with a minimum of noise and disturbance. All Containers shall be thoroughly emptied. The Contractor shall immediately pick up any spilled litter, garbage, or fluids. Upon completion of Collection Services, Contractor shall place Carts, Dumpsters, Compactors and Containers back to the original location prior to Collection Service. Contractor shall regularly disinfect Containers with an appropriate sanitizing spray, not less than monthly or as directed by the Contract Administrator. (3) At the sole expense of Contractor, Contractor shall be required to open and close Enclosures and locking mechanisms in order to provide Collection Services to Multifamily Service Units. (4) Excluding written approval from the Contract Administrator or as otherwise permitted by this Agreement, Contractor shall provide Collection Services to Multifamily Service Units between 8:00 AM and 8:00 PM, on Monday through Friday. (5) A written agreement between Contractor and the customer shall be entered into regarding the level and type of service to be provided and the manner and collection of fees. The terms and conditions of such agreement shall be in compliance with all provisions of this Agreement including the Rates and fees and the term shall not extend beyond the term of this Agreement. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. A copy of each written customer agreement shall be filed with the Contract Administrator. (6) Contractor may temporarily discontinue a customer's Collection Service if a customer's account is past due in excess of sixty (60) days. Contractor shall provide notice to the Contract Administrator 10 days before a customer's Collection Service is discontinued for non-payment. The customer's deposit may be applied to the customer's account if a customer's service has been discontinued for non-payment. Collection Service shall be restored upon payment of account by customer. Contractor may charge a service fee as established in Exhibit 2 when service is being restored after being discontinued for non- payment. Contractor may charge a monthly late fee, not to exceed 1 percent of any past due balance in excess of thirty (30) days. 6.7. COMMERCIAL COLLECTION SERVICE A. Commercial Solid Waste Collection. Contractor shall collect a minimum of once per week on a scheduled day all Solid Waste Carts, Solid Waste Dumpsters, and Solid Waste Compactors from each Commercial Service Unit in the City. Contractor and the Commercial Service Unit shall mutually decide on the number and size of Carts, Dumpsters, and Compactors. In addition, Contractor and the Commercial Service Unit shall mutually decide on the frequency of Collection and scheduled days for Collection Services. The frequency of Collection must conform to City ordinances. In TAMARAC The City For Your Life the event of a dispute, the Contract Administrator shall have the sole authority to make the final determination. B. Commercial Bulk Waste Collection. Upon written request of the Commercial Service Unit, Contractor shall provide collection of Bulk Waste from the Commercial Service Unit for an additional fee based upon the estimated cubic yardage of the Bulk Waste. Contractor shall estimate the number of cubic yards of Bulk Waste and receive written approval of the estimation from the Commercial Service Unit or the Contract Administrator. In the event of a dispute as to the cubic yardage estimate, the Contract Administrator shall have the sole authority to make the final determination. C. For All Commercial Collection Service. (1) The City shall designate Commercial Service Units under this Agreement (2) Contractor shall collect materials with a minimum of noise and disturbance. All Containers shall be thoroughly emptied. Contractor shall immediately pick up any spilled litter, garbage, or fluids. Upon completion of Collection Services, Contractor shall place Carts, Dumpsters, Compactors, and other Containers back to the original location prior to Collection Service. Contractor shall regularly disinfect Containers with an appropriate sanitizing spray, after each collection or as directed by the Contract Administrator. (3) At the sole expense of Contractor, Contractor shall be required to open and close enclosures and locking mechanisms in order to provide Collection Services to Commercial Service Units. (4) Excluding written approval from the Contract Administrator or as otherwise permitted by this Agreement, Contractor shall provide Collection Services to Commercial Service Units between 8:00 AM, and 8:00 PM, on Monday through Friday. Restaurants and similar customers may also be collected between 8:00 AM, and 8:00 PM, on Saturday through Sunday with prior approval of the Contract Administrator, which approval shall not be unreasonably withheld. (5) A written agreement between Contractor and the customer shall be entered into regarding the level and type of service to be provided and the manner and collection of fees. The terms and conditions of such agreements shall be in compliance with all provisions of this Agreement including the Rates and fees and the term shall not extend beyond the term of this Agreement. The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. (6) Contractor may require a deposit not to exceed twice the fee for monthly service. All deposit schedules shall be uniformly applied. Deposits collected by Contractor shall not be interest bearing. If Contractor is providing a Compactor to the customer, the deposit may not exceed the total fee for two months' service plus one hundred dollars ($100) for each yard of capacity of the Compactor provided. If a customer's service has been discontinued twice in a twelve (12) month period for non-payment, Contractor may require an additional deposit equal to 50 percent of the regular deposit. Customer deposit shall be returned or applied to the final bill when the account is closed, and service is discontinued. Customer deposits shall be held in escrow by Contractor and any deposit not refunded to the customer shall be transferred to the City upon termination of the Agreement. TAMARAC The City For Your Life (7) Contractor may temporarily discontinue a customer's Collection Service if a customer's account is past due in excess of sixty (60) days. Contractor shall provide notice to the Contract Administrator 10 days before a customer's Collection Service is discontinued for non-payment. The customer's deposit may be applied to the customer's account if a customer's service has been discontinued for non-payment. Collection Service shall be restored upon payment of account by customer. Contractor may charge a service fee as established in Exhibit 2 when service is being restored after being discontinued for non- payment. Contractor may charge a monthly late fee, not to exceed 1 percent of any past due balance in excess of thirty (30) days. 6.8. CITY FACILITY COLLECTION SERVICE A. City Facility Solid Waste Collection. Contractor shall collect a minimum of once per week on a scheduled day all Solid Waste Carts, Solid Waste Dumpsters and Solid Waste Compactors from each City Facility in the City at no cost to the City or the City Facility. The Contract Administrator shall have the sole authority to decide on the number and size of Carts, Dumpsters, or Roll -off Containers. In addition, the Contract Administrator and the City Facility shall have the sole authority to decide on the frequency of Solid Waste collection and scheduled days for Solid Waste Collection Services. B. City Facility Program Recyclables Collection. Upon written request of the Contract Administrator or the City Facility, Contractor shall collect, a minimum of once per week on a scheduled day, all Program Recyclables Carts, Program Recyclables Dumpsters and Roll -off Containers from such City Facility in the City at no cost to the City or the City Facility. The Contract Administrator and the City Facility shall have the sole authority to decide on the number and size of Carts, Dumpsters and Roll -off Containers. In addition, the City and the City Facility shall have the sole authority to decide on the frequency of collection and scheduled days for Collection Services. C. City Facility Locations. (1) City Facilities (the following shall be provided to the City at no additional cost. Service, at a minimum, unless otherwise indicated or directed shall be an 8-yard dumpster, serviced twice weekly and recycling once weekly: • Fire Station 78 — 4801 W. Commercial Blvd. • Fire Station 41 — 7501 NW 88 Avenue • Fire Station 36 — 7499 NW 72 Street • Fire Station 15 — 6000 Hiatus Road • Public Services North — 6011 Nob Hill Road • Parks & Recreation Administration — 6001 Nob Hill Road • Public Services South — 10101 State Street (including cardboard recycling carts / dumpster) • Tamarac Community Center — 8601 W. Commercial Blvd. TAMARAC The City For Your Life • Tamarac Park Recreation Center — 7501 N. University Drive • Tamarac Multi -Purpose Center — 7531 N. University Drive • Water Treatment Plant — 7803 NW 61 Street • WTP (adjacent lot) — 6115 NW 77 Way • City Hall — 7525 NW 88 Avenue • BSO — 7515 NW 88 Avenue Current level of service at the above listed facilities is typically: • One (1) 8-yard dumpster at each location, serviced twice weekly for Solid Waste; • Two (2) to six (6) 96-gallon Program Recyclables Carts at each location; In addition to the above roll -off service is required at the Public Services Complex: (2) Public Parks that may require Solid Waste and Program Recyclables services include but are not limited to the following locations: • Sports Complex, 9901 N.W. 77th Street • Caporella Park, 5200 Prospect Road • Gary B. Jones Park for People and Pups, 8101 Southgate Boulevard • Tamarac Park, 7501 N. University Drive • Sunset Point Park, 11000 W. McNab Road • Tamarac Veteran's Park, 7825 Southgate Boulevard • Tephford Park, 10003 Southgate Boulevard • Sunset Point Park— 11000 W. McNab Road • Mainlands Park - 4500 Monterey Drive Current level of service at the above listed facilities is typically: • One (1) 8-yard dumpster, serviced twice weekly for Solid Waste; and • Two (2) multi -sort Program Recyclables stations (three 96-gallon Recycling / Recovered Materials Carts) located at Sports complex and Tamarac Park. (3) Public Services Complex will require additional roll -off container service including, but not limited to, the following: • Two (2) —forty-yard dumpsters twice weekly (vegetative and general construction debris) • One (1) — forty -yard dumpster for vegetative debris (call as needed, approximately 16 to 24 times annually) TAMARAC The City For Your Life (4) Additional Paid Services: Contractor must provide the following services at reasonable market rates to be negotiated in good faith between the Contractor and the Contract Administrator for the following: • One (1) —twenty-yard dumpster for Stormwater Debris — Streetsweeper (Callas needed, approximately 24 times annually) MUST include separate load tickets with date, quantity, and final disposal location. (Streetsweeper— generally vegetative, sand, and miscellaneous loose debris.) • One (1) — twenty -yard dumpster for Stormwater Debris — Jet -Vac (Call as needed, approximately 6 times annually) MUST include separate load tickets with date, quantity, and final disposal location. (Jet -Vac debris is typically dirt, sand, and silt from soft digs and catch basin clean -outs.) • One (1) — twenty -yard dumpster for Asbestos Containing (AC) Pipe. (Call as needed, approximately 6 times annually. Requires proper handling and disposal in Class I Landfill, and in accordance with all applicable local, county, state, and federal requirements. MUST include separate load tickets with date, quantity, and final disposal location.) (5) The City reserves the right to adjust the level of service at all City facilities and Parks, including but not limited to the size of Container and frequency of service at any City facility with no change in compensation or cost. (6) Upon written request of the City or the City Facility, the Contractor shall provide collection of Bulk Waste from the City Facility at no cost to the City or the City Facility. (7) Contractor shall collect materials with a minimum of noise and disturbance. All Containers shall be thoroughly emptied. Contractor shall immediately pick-up any spilled litter, garbage, or fluids. Upon completion of Collection Services, Contractor shall place Carts, Dumpsters, Roll -off Containers, Compactors, and other Containers back to the original location prior to Collection Service. Contractor shall regularly disinfect Containers with an appropriate sanitizing spray, after each collection or as directed by the Contract Administrator. (8) At the sole expense of Contractor, Contractor shall be required to open and close enclosures and locking mechanisms in order to provide Collection Services to City Facilities. (9) Excluding written approval from the Contract Administrator or as otherwise permitted by this Agreement, Contractor shall provide Collection Services to City Facilities between 8:00 AM and 4:00 PM on Monday through Friday and at the City's request, collection may be required between 8:00 AM and 8:00 PM Saturday through Sunday for certain City Facilities and for special events. (D) Illegal Dumping. Contractor will work with the City Administrator to identify areas of the City where illegal dumping is consistently an issue. Working together with the City, Contractor will develop a program which may include technology such a cameras or training drivers to report any sightings of illegal dumping observed during routes. During the initial term of the Agreement, at the request of the City, Contractor will provide the City with a monetary contribution of up to $70,000, which the City can use to purchase equipment to combat illegal dumping, such as cameras and enclosures. TAMARAC The City For Your Life 6.9. SPECIAL EVENT COLLECTION SERVICE Contractor shall provide additional solid waste services for Special Events sponsored or conducted by the City each calendar year at no additional cost to the City or the co-sponsors of the Special Event. Additional services may include, but not be limited to, delivery and removal of roll -off containers or dumpsters; and/or may include servicing of additional 95 gallon carts (general garbage and recyclables). Contractor shall provide adequate Carts, Dumpsters, Compactors, and other Containers (including, but not limited to, cardboard event boxes) as determined by the Contract Administrator for Solid Waste and Program Recyclables Collection Service. Special events may include, but are not limited to the following: Event Approximate Date Estimated Participants Fourth of July Celebration July 4 7,000 One Tamarac February 2,000 �urkey Trot Thanksgiving 2,000 (1) The City may request additional services for additional large public events. 6.10. COMMERCIAL CONTAINERS. Commercial Containers including Dumpsters, Compactors and Roll -offs shall be maintained in accordance with general industry standards, which include being rust -free, having drain plugs installed to retain storm water and prevent leaching, having properly fitting lids that close tightly, and are in proper, safe, working condition. Commercial Containers shall be painted and have the Contractor's name and phone number clearly displayed. No advertising shall be posted on Containers. Maintenance of Commercial Containers shall be the sole responsibility of Contractor. Any Commercial Container not conforming to these requirements, as determined by the Contract Administrator, shall be replaced by Contractor within three (3) business days of notification by the Contract Administrator. 6.11. ROUTES, SCHEDULES, AND HOLIDAYS (1) Contractor shall submit proposed route maps and schedules for all Residential Service Units, Multifamily Service Units, Commercial Service Units, and City Facility Collection Services to the Contract Administrator by 9:00 AM, not less than 60 days prior to commencement of service for approval, whose approval shall not be unreasonably withheld. The Contractor shall maintain a current copy of the routes and schedules for Residential Service Units, Multifamily Service Units, Commercial Service Units, and City Facility Collection Services on file with the City for the initial term and any renewal term of this Agreement. (2) Contractor shall not amend, modify, or change a route map or schedule temporarily or permanently without the written approval of the Contract Administrator not less than two (2) weeks prior to the change. The Contract Administrator, at his/her sole discretion, may approve or reject Contractor's request to amend, modify, or change a route map or schedule. Such approval shall not be unreasonably withheld. Contractor shall be required to notify all affected customers of any changes resulting in a change of frequency or to the day on which collection occurs. Contractor shall not be required to provide Collection Services on the following holiday: Christmas Day. The City reserves the right to add or delete holidays. If the City elects to add or delete holidays, the Contract Administrator will provide Contractor notice in accordance TAMARAC The City For Your Life with the Agreement. For the week of December 25th and the week after, Contractor shall collect double the volume of the contract limit of material from each resident without penalty or additional charge. For Residential Service Units that would have received Collection Services on the holiday, Contractor shall provide Collection Services for such Residential Service Units on the day after the scheduled day, or on a make-up day approved by the Contract Administrator. (3) If a holiday occurs on a scheduled day for Collection Services, Contractor shall provide Collection Services for Special Event on the holiday and shall not be required to provide other Collection Services. For Commercial Service Units, City Facilities, and Multifamily Service Units that would have received Collection Services on the holiday or during the remainder of the week, Contractor and the customer shall mutually decide on the day to reschedule Collection Services. In the event of a dispute, the Contract Administrator shall have the sole authority to make the final determination. 6.12. CONTINUITY OF OPERATIONS DURING AND AFTER A NATURAL DISASTER (1) If the City declares a natural disaster, Contractor shall discontinue Collection Services if instructed in writing or verbally by the Contract Administrator. Contractor shall not re- commence Collection Services until instructed in writing or verbally by the Contract Administrator. (2) Contractor shall submit a complete Continuity of Operations Plan to the City, describing Contractor's emergency contact information and its plan for operations in the event of a natural disaster. The initial Continuity of Operations Plan shall be submitted to the City at the same time as the Transition Plan. Thereafter, the Continuity of Operations Plan shall be updated annually, and submitted to the City on the anniversary of this Agreement. (3) During the fourteen (14) day period following recommencement of Collection Services, Contractor shall collect an unlimited amount of properly bagged residential Yard Waste (expected to consist of primarily leaves and branches). Hauler will not be responsible for collecting disaster debris which includes, but is not limited to, stumps, uncut and unbundled branches, roofing material, building materials, white goods, or other material that will normally be expected to be collected by a disaster recovery contractor. (4) In the event of a hurricane, tornado, major storm, natural disaster, or other such event in which a state of emergency has not been issued, the Administrator may grant Contractor a variance from regular routes and schedules. Such variance from regular routes and schedule to ensure the safety of Contractor's employees and members of the community shall not be unreasonably denied by the City. However, Contractor shall make its best effort to resume regular Collection service as soon as possible. As soon as practicable after such event, Contractor shall advise the Administrator when it is anticipated that normal routes and schedules can be resumed. The Administrator shall make an effort through the local news media to inform the public when regular Collection services may be resumed. 6.13. DESIGNATED FACILITIES AND ALTERNATE FACILITIES Contractor shall deliver for disposal or processing all Solid Waste, Program Recyclables, Yard Waste and Bulk Waste collected in the City per this Agreement to a Designated Facility(ies). As previously described, the City has entered into an Interlocal Agreement with Broward County that may result in the formation of a Solid Waste Authority during the term of this Agreement; furthermore, the potential Authority may direct certain materials to be diverted and delivered to alternative facilities. In the event that a change in which materials are designated for separate TAMARAC The City For Your Life Collection and/or which facilities are used for processing, the City and Contractor agree to negotiate in good faith regarding appropriate Rate adjustments to reflect additional costs or cost savings that may be realized. Any Rate adjustment is subject to approval by the City Commission. Contractor shall deliver all Solid Waste collected pursuant to this Agreement to the following facility: WM Deerfield West Transfer Station 1750 SW 43,d Terrace Deerfield Beach, FL 33442 Contractor shall deliver all Program Recyclables Collected pursuant to this Agreement to the following facility: Waste Management Inc. of Florida Reuters MRF 20701 Pembroke Road Pembroke Pines, FL 33029 Contractor shall deliver all Bulk Waste Collected pursuant to this Agreement to the following: Sun Recycling 1750 SW 43rd Terrace Deerfield Beach, FL 33442 7) OFFICE Contractor shall maintain an office, where complaints can be received, and which provides toll - free telephone access for customers living in the City. Such office shall be equipped with sufficient telephones, shall have responsible persons in charge, and shall be open 8:00 a.m. to 5:00 p.m. Monday through Friday on those days that Contractor provides Collection Service and on Saturday from 8:00 a.m. to 1:00 p.m., as applicable. Contractor shall provide, toll free, either a telephone answering service or mechanical device to receive customer inquiries during those times when the office is closed. Messages left on the answering service or mechanical device shall be responded to on the next business day. Contractor shall provide the Contract Administrator with an emergency phone number where the Contractor can be reached outside of the required office hours. 8) SERVICE INQUIRIES, COMPLAINTS, AND PROPERTY DAMAGE (1) All service inquiries and complaints shall be directed to Contractor. A representative of Contractor shall be available to receive the complaints during normal business hours. Contractor will provide a nationwide network of call centers. The service will feature advanced customer support technologies such as Interactive Voice Response (IVR), a Callback System, Live Chat, and digital support requests. Customers can access self-service tools via the Contractor web platforms, offering 24/7 online support. In addition, Contractor will proactively communicate changes or delays in service through (i) notifications to registered customers who provide their information and opt in for these services; and (ii) the Contractor will provide a custom webpage for the City, which will allow for service scheduling for cart replacement TAMARAC The City For Your Life requests, reporting missed collections, scheduling additional bulk collections, and checking pickup and holiday schedules. The webpage will also offer bill pay options for commercial customers and personalized service notification preferences. To set up these webpage services, the Contract Administrator will provide Contractor with a complete list of single-family home addresses 150 days prior to the start of the contract, to establish individual accounts for each address. Residents will have the option to set up an account and opt -in to service alerts. (2) All service complaints shall be handled by Contractor in a prompt and efficient manner. In the case of a dispute between a Contractor and a customer, the matter will be reviewed, and a decision made by the Contract Administrator. Contractor's trucks will be equipped with WM Smart Truck® Technology. Contractor will be able to record service verification via GIPS location, photographic or video to document and confirm service. Contractor will be able to provide documentation when requested by the City to confirm service at a specific location. At least 150 days prior to the start of the contract, the City will supply Contractor with a complete list of single-family home addresses in a mutually agreed format so that Contractor can build the customer collection data base. (3) Contractor will maintain a written record of all calls it receives regarding services provided pursuant to this Agreement, including but not limited to inquiries, missed Collections, and complaints (Call Log). Contractor shall use a standard form for the Call Log, as approved by the Contract Administrator, to record the pertinent facts of each call, including but not limited to date and time of call; name, address, and telephone number of person calling; reason for the call; action taken by Contractor; and date and time any issue was resolved. Contractor shall keep this Call Log up to date. By the end of each business day, the Contractor shall e- mail to the Contract Administrator the Call Log for all calls received during that business day or since the previous Call Log was submitted. (4) For those complaints related to missed Collections, Contractor shall make every effort to return to the service address and collect the missed materials that same day. For missed Collection complaints that are received by 12:00 p.m. on a business day, the Contractor must return to the service address and collect the missed materials that same day. For missed Collection complaints that are received after 12:00 p.m. on a business day, the Contractor must return to the service address and collect the missed materials by noon of the following business day. (5) For those complaints related to repair or replacement of Carts, the appropriate subsections of Section 5 of this Agreement shall apply. (6) By noon on the first business day of each week, Contractor shall e-mail to the Contract Administrator a report of those complaints, related to Collection, that were not resolved in the manner set forth in Subsection 3 above. This weekly report shall include all information specified in Subsection 2 above, as well as the status of the disposition of the complaint. (7) Contractor shall be responsible for the prompt repair or replacement, if repair is not adequate, of any damage to public or private property during the provision of Residential Collection Service, Multifamily Collection Service, or Commercial Collection Service and caused by Contractor or the Contractor's representative. Within twenty-four (24) hours of occurrence, Contractor shall provide the Contract Administrator with a full explanation of the disposition of any complaint involving a claim of damage to public or private property as a result of actions of Contractor. The Contractor shall promptly repair any such legitimate damage claim at its sole expense and within a ten (10) day period of time as approved by the TAMARAC The City For Your Life Contract Administrator. Upon the request of Contractor, the Contract Administrator may grant a time extension. Proof of the need for an extension shall be submitted by Contractor. (8) By the end of the first business day of each month, the Contractor shall e-mail to the Contract Administrator a report on any unresolved complaint involving a claim of damage to public or private property as a result of actions of the Contractor's employees, agents, or subcontractors. This monthly report shall include the name, address and phone number of the complainant, date of occurrence, nature of occurrence and the status of the disposition of the complaint. (9) Contractor agrees that it is in the best interest of the City that all Residential Collection Service be provided on the scheduled Collection day. Accordingly, missed Collections will normally be collected in accordance with Subsection 3 above regardless of the reason that the Collection was missed. However, in the event Contractor does not address a missed Collection complaint in accordance with Subsection 3 because it believes such complaint to be without merit, Contractor shall immediately notify the Contract Administrator in writing. The Contract Administrator will investigate (including considering GPS data provided by Contractor) all disputed complaints and render a final and binding decision. (10) In order that the City may be informed of the quality of service, Contractor must enter into the City's electronic tracking system all calls regarding complaints, requests, and compliments from the residential and commercial customers. This system is provided for the City and Contractor to record all complaints and resolutions of said complaints or inquiries of service for inspection by the City. All complaints whether received in person, by email, mail, or telephone, shall be recorded into the electronic tracking system as received. 9) CONTRACTOR'S PERSONNEL (1) Contractor shall assign District Manager and a Field Supervisor (or other employees with similar job titles and responsibilities) to be in charge of the operations within the Service Area and shall provide the names of these employees in writing to the Contract Administrator annually and any other time the persons in these positions change. The Field Supervisor shall be available to the City through the use of telecommunications equipment at all times that the Contractor is providing Collection Service and shall be available onsite within two (2) hours of request by the Contract Administrator. (2) Contractor shall employ and assign qualified personnel to perform all services set forth herein. Contractor shall be responsible for ensuring that its employees comply with all applicable laws and regulations and meet all federal, state, and local requirements related to their employment and position. (3) The City may request the transfer of any employee of Contractor who materially violates any provision hereof, or who is wanton, negligent, or discourteous in the performance of his/her duties. (4) Contractor's employees shall be required to wear a clean uniform shirt bearing Contractor's name. Contractor's employees, who normally come into direct contact with the public, including drivers, shall bear some means of individual identification such as a name tag or identification card. (5) Each driver of a Collection vehicle shall at all times carry a valid Florida driver's license and all other required licenses for the type of vehicle that is being operated. TAMARAC The City For Your Life (6) Contractor's employees, officers, and agents shall at no time be allowed to identify themselves or in any way represent themselves as employees of the City. 10) EQUIPMENT (1) Contractor shall have on hand at all times, in good working order, such collection equipment as shall permit Contractor to adequately and efficiently perform the duties specified in this Agreement. Any proposed change in the collection system being used by Contractor during the Agreement period shall be submitted in writing by Contractor to the Contract Administrator. Collection vehicles shall be of a type sufficient to efficiently collect all Solid Waste, Bulk Waste, and Program Recyclables covered by this Agreement, and transport such materials to the Designated Facilities in a manner such that no collected materials can be blown or fall from the vehicle during transport. Contractor may utilize open -bed vehicles in the provision of Bulk Waste Collection; however, the vehicles must contain the Bulk Waste so that no material is spilled, leaked, or blown from the vehicle, and the vehicle must be covered with a securely fastened tarp during transport. (2) By January 2025, all collection vehicles shall be new. During the term of this Agreement, no vehicle with an age older than 10 years shall be used on City routes without the expressed written consent of the Contract Administrator. Contractor shall provide a list of vehicles (including make, model, and year of manufacture) assigned to the City at the start of the Agreement, and annually on its anniversary. The Contractor shall notify the Contract Administrator immediately of any temporary or permanent assignment of equipment to the City. Contractor is not required to assign dedicated equipment to service the City. (3) Each collection vehicle shall be equipped at all times with: (a) all safety supplies, equipment, and first aid supplies required by applicable laws; (b) a fire extinguisher; (c) a heavy-duty broom, a rake, and a large dustpan; (d) a spill response kit; (e) an audible back-up warning device; and (f) back-up cameras. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Franchisee's collection vehicles. (4) All equipment shall be kept well painted, shall clearly display, and shall only display Contractor's name, telephone number, and the materials being collected in the vehicle; and shall be maintained in good repair, appearance, and sanitary, clean condition in order to meet community standards of appearance at all times. A magnet sign on the vehicle to indicate which Collection Service is being provided will suffice to satisfy the requirement to display which Collection Service is being conducted (i.e., Solid Waste or Program Recyclables). All collection equipment shall be leak -proof so as to prevent any liquid from draining onto the ground. The City reserves the right, at its discretion, to require a vehicle be taken out of service for habitual leakage of oil, hydraulic fluid, or other liquids or other maintenance issues. Such vehicle shall not be placed back into service until and unless the City is able to verify that the necessary repairs have been made. In the event the equipment cannot be repaired to the satisfaction of the City, it shall be replaced with a new vehicle. (5) Contractor shall have available to it, at all times, reserve equipment which can be put into service and operation within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. (6) Contractor will work with the Contract Administrator to assess the necessity for, and timeline of, transitioning from Contractor's use of a subcontractor for Bulk Waste collection services, to Contractor's direct provision of such Bulk Waste collection services with its own TAMARAC The City For Your Life equipment, such as grapple/knuckle boom trucks (with the acquisition of such equipment to take place within eighteen (18) months after the start of the term of the Agreement). 11) INSPECTION: The City shall have the right to inspect any materials, components, equipment, supplies, services, all Contractor facilities (such as vehicle yards, customer service office, dispatch office, etc.), or completed work specified herein. Any of said items not complying with the requirements of this proposal may be grounds for remedial actions to be taken by the City, including the development of corrective action plans, withholding of payments, administrative charges, or ultimate termination of Agreement at the option of the City. Any expenses incurred by Contractor to correct a deficiency under the Agreement shall be borne by Contractor. Any Carts or other commodity or equipment items rejected shall be removed from the premises of the City and/or replaced with an acceptable commodity or equipment item at the entire expense of the successful proposer. Any corrective actions resulting from deficiencies by Contractor shall be provided to Contractor in written form by the City. 12) RECORDKEEPING, REPORTING, AUDIT, AND INSPECTION RIGHTS (1) Access and Audits: Contractor shall maintain within Broward County adequate records of the Solid Waste and Program Recyclables Collection Services during the fiscal year and for three years following the end of each fiscal year of the Agreement. The City shall have the right to review all records, including recording and recordkeeping requirements, maintained by the Contractor during normal business hours upon twenty-four (24) hours' notice. (2) Contractor shall create, maintain, and make available records as defined in, and required by, all applicable local, state, and federal laws, rules and regulations, and any reports as are reasonably necessary to: (i) Document collection of materials, source of materials, time delivered to Designated Facility, and other information as requested by the Contract Administrator. For Residential Solid Waste, the report shall indicate monthly residential material collected in tons by material type (e.g., Solid Waste, Yard Waste, Program Recyclables, Bulk Waste, etc.). For Commercial Service Units the report shall include cubic yards of material collected and tons of material disposed. For City facilities, the report shall include cubic yards of material collected and tons of material disposed by material type (e.g., Solid Waste, Program Recyclables). (ii) Document missed collections, late setouts and improper set -outs on a daily basis including the address, time and date for each and the reason and notice for the improper set -outs. (iii) For Commercial Service Units document customer accounts including the name of business, contact name and phone number, address, type of Collection Services, frequency for each Collection Service, and number and size of Carts, Dumpsters, Compactors, and Roll -offs for each customer. (iv) Document overflowing Containers, special pickup requests, and other additional services provided. (v) Document customer contact or complaints. (vi) For residential curbside recycling / recovery, Contractor shall establish a method approved by the City to estimate and report set -out rates. TAMARAC The City For Your Life (vii) Such other documents and reports as the Contract Administrator may reasonably require to verify compliance with this Agreement or to meet the City's reporting requirements with the State of Florida. (viii) Contractor agrees to maintain separate records in a form sufficient to identify gross receipts from the City of Tamarac from gross receipts for other municipalities, operations. (ix) A summary table of delivery ticket information from each facility must be attached to the monthly reports. (3) Reporting Requirements (i) Contractor shall submit monthly reports by the 15th of the following month. in an electronic format approved by the Contract Administrator summarizing the records the Contractor is required to create, maintain, and make available to the City pursuant to this Agreement. (ii) Contractor shall submit annual reports in an electronic format approved by the Contract Administrator within thirty (30) calendar days following the end of the contract year summarizing the records Contractor is required to create, maintain, and make available to the City pursuant to this Agreement. (4) Inspection Rights: Contractor shall consent to inspection of loads by the City or the Broward Solid Waste District. 13) INTERPRETATION OF PERFORMANCE AND ADMINISTRATIVE CHARGES It is the intent of the City to ensure that Contractor provides a quality level of Collection Services. The Contract Administrator shall decide any and all questions which may arise concerning the quality and acceptability of the work and services provided by Contractor, the interpretation of the provisions of the Agreement, and the acceptable fulfillment of Contractor's duties under the Agreement. Contractor shall have the right to appeal any decisions or findings of the Contract Administrator to the City Commission, whose findings and conclusions shall be final and binding. The City and Contractor acknowledge and agree that it is impossible to precisely determine the dollar amount of damages that would be incurred by the City due to service failures or circumstances described in this Section for which Contractor would otherwise be liable. Accordingly, the City has determined terms and amounts of liquidated damages set forth herein, and the parties agree that the liquidated damages are reasonable under the circumstances. Therefore, the following shall constitute liquidated damages, not penalties, that the City may assess against the Contractor for failing to comply with the requirements of this Agreement, time being of the essence. It is hereby agreed that the City may deduct from any monies due, or which may become due to Contractor, such assessed liquidated damages in the following amounts: A. Failure to submit a Transition Plan within thirty (30) days $1,000.00 per day past of Agreement execution or to revise the Transition Plan the due date within five (5) business days of notification by the Contract Administrator without prior approval of the Contract Administrator for such delay in submittal. B. Failure to meet the schedule outlined in the City $250.00 per incident per approved Transition Plan without prior approval of the day past the due date Contract Administrator for such delay. TAMARAC The City For Your Life C. Failure or neglect to resolve each valid complaint, $250.00 per unresolved including missed Collection, in the timeframe specified complaint or missed herein. Collection per Residential Service Unit D. Failure to repair damage to public or private property $1,000.00 per incident determined caused by the Contractor or its personnel per day, after the initial 48 within the timeframe approved by the Contract hours or alternate Administrator. timeframe approved in writing by Administrator E. Mixing of materials in violation of Section 18 herein. $1,000.00 per occurrence F. Failure to comply with hours and days of operation $250.00 per occurrence specified herein. G. Changing Collection routes without proper notification. $1,000.00 per incident perday I. Failure to repair, replace, exchange, or deliver a Cart $100.00 per Roll Cart per within the required timeframe. day past due date K. Failure to leave an Improper Set -out Notice explaining $100.00 per occurrence why all material was not collected. L. Failure to deliver all Solid Waste and Program $1,000.00 per incident Rec clables to the Designated Facilit ies). N. Failure to prepare and distribute City -approved public $100.00 per Residential education materials in the timeframe specified. Service Unit per day past due date O. Failure to remit the Franchise Fees to the City in the $500.00 per day past due timeframe specified. date P. Failure to have a vehicle operator properly licensed. $1,000.00 per vehicle per day Q. Failure to clean up spillage, leakage, or excessive $1,500.00 per incident blowing debris with the timeframe specified. per day R. Failure to provide sufficient and properly maintained $1,000.00 per vehicle per vehicles and equipment. day S. Failure to submit to the City all plans, reports, record, or $250.00 per document other documents in the time required under the not submitted per provisions of this Agreement, unless otherwise approved occurrence by the Contract Administrator. T. Failure or neglect to complete more than 95 percent of a $250.00 per Residential route (number of missed pickups must be less than 5 Service Unit not collected percent of total customers on that daily route to be per day past Collection considered more than 95 percent complete) on the date regularly scheduled Collection day without justifiable cause (a cause that is beyond the control of Contractor) or prior approval by the Contract Administrator. The Contract Administrator may assess liquidated damages pursuant to this Section at any time during the term of this Agreement. The Contract Administrator shall notify Contractor in writing of the liquidated damages assessed within sixty (60) days of the occurrence and the basis for each assessment. In the event Contractor wishes to contest such assessment, within five (5) Work Days of receipt of written notice, Contractor shall request in writing a meeting with the City Manager to resolve the issue. The City shall notify Contractor in writing of any action taken with respect to TAMARAC The City For Your Life Contractor's claims within City of Tamarac Purchasing and Contracts Division five (5) Work Days of such meeting. The City Manager's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. Any liquidated damages assessed by the City Manager shall be deducted from the City's next monthly payment to Contractor. 14) RATES, BILLING PROCEDURES, PAYMENTS, AND FRANCHISE FEES Contractor shall charge the Rates as specified in the Rate structure contained in Exhibit 2. Contractor shall not charge any Rates or fees other than those specified in the Rate structure in Exhibit 2 or as specifically authorized by this Agreement. 14.1. RESIDENTIAL RATES AND BILLING (1) Customer Billing. The City shall be responsible for the billing and collection of payments for standard Collection Services provided to Residential Service Units. The City shall be responsible for payments of tipping fees at Designated Facilities for materials delivered from Residential Service Units Standard Collection Services. Contractor shall be responsible for directly billing the Collection component of the Rate established in Exhibit 2 for Residential Service Units for providing and servicing extra Carts and for providing other Special Collection Service as specified in Section 6.2.0 of this Agreement. The City shall be responsible for payments of tipping fees at Designated Facilities for Special Collection Services. (2) Contractor Invoicing. Contractor shall invoice the City for Residential Collection Services rendered under this Agreement no later than the tenth (10th) day of the month following the month such services were rendered. The City shall review the invoice and pay all undisputed portions of the invoice within thirty (30) days of receipt of the invoice less any liquidated damages or administrative charges levied by the City or other amounts due. The monthly invoice from and payment to Contractor shall be the Residential Service Unit count times the monthly Collection component of the Residential Service Unit Rate as shown in Exhibit 2, attached hereto, and included herein. In the event that the City decides to pay Contractor utilizing P-card, the City shall meet with Contractor in good faith to come to mutually agreeable terms regarding administrative charges and potential discounts for prompt payment. (3) Residential Franchise Fee. To compensate the City of Tamarac for the grant of exclusive Collection Services and the cost of administration, supervision and inspection rendered for the effective performance of this Agreement, franchise fees of $1,200,000 annually, payable in 12 equal monthly installments equal to $100,000 per month shall be incorporated into the Rates established in Exhibit 2, and therefore included in Contractor's monthly invoice. Contractor shall remit franchise fees to the City monthly in a manner approved by the Contract Administrator. (4) Residential Service Unit Count. No later than September 15, 2024, the City will notify Contractor of the new Residential Service Unit count that will become effective on October 1 of 2024. In the event Contractor does not agree with the Residential Service Unit count provided by the City by more than five percent (5%), Contractor may request that the City and Contractor perform a joint physical count of the Residential Service Units in the Service Area. The unit count for shall be the count as contained in the solid waste non -ad valorem assessment roll as maintained by the Broward County Property Appraiser, which may be updated as frequently as monthly. TAMARAC The City For Your Life (5) Service Rates. The City shall initially pay Contractor for Residential Collection Service in accordance with the Collection component of the Rates established in Exhibit 2, attached hereto, and included herein. The initial service Rate, including the Collection components for each Residential Collection Service, shall not be adjusted through September 30, 2025. The City shall be responsible for paying tipping fees directly to the Designated Facilities for disposal and/or processing based on the generation factors and tipping fees established in Exhibit 2 for each Residential Service Unit Collection Service. (6) Service Rate Adjustments. The Rates for Residential Collection Service shall be adjusted October 1, 2025, and annually thereafter each operating year as described in Section 15 below. All Rate adjustments shall be reduced to writing and signed by the Contractor representative identified in Section 30 and the City Manager. 14.2. MULTIFAMILY AND COMMERCIAL RATES AND BILLING Contractor will be responsible for billing and collection of Rates for all Multifamily Service Units as provided in Section 6.6 and Commercial Service Units as provided in Section 6.7, including the Collection component and the disposal or processing component of the Rates established in Exhibit 2. To compensate the City of Tamarac for the grant of exclusive Collection Services and the cost of administration, supervision and inspection rendered for the effective performance of this Agreement, franchise fees of $600,000 annually, payable in 12 equal monthly installments equal to $50,000 per month shall be incorporated into the Rates established in Exhibit 2 and charged to Multifamily Service Units and Commercial Service Units. Contractor shall remit franchise fees to the City monthly in a manner approved by the Contract Administrator. 14.3. CONTRACT ADMINISTRATION AND PREPARATION COSTS Contractor understands and agrees that the cost of the proposal process is a part of the cost of providing Collection Services and thus a responsibility of Contractor, and even though such costs in the amount of $56,900 were expended by the City, the expenditure was for the benefit of Contractor. Accordingly, Contractor agrees that any and all monies due Contractor for the provision of services under this Agreement up to an amount of $56,900 will be credited against Contractor's initial monthly invoice. 15) RATE ADJUSTMENTS 15.1. COLLECTION COMPONENT OF RATES (1) In May 2025 and annually thereafter, the City shall adjust the Collection component based on the percentage change in the previous year's Consumer price Index (CPI) as of April 30. The change shall go into effect on October 1 of each fiscal year, beginning October 1, 2025. (2) The CPI adjustment shall be based on the average CPI for All Urban Consumers (not seasonally adjusted, South urban, all items) published by the United States Department of Labor Bureau of Labor Statistics, for the most recent April 30, as compared to the preceding April 30. • Hypothetical CPI Adjustment on October 1, 2025: • Current Monthly Collection Component of the Rate per Residential Service Unit: $1.00 • May 1, 2024 CPI 225.116 TAMARAC The City For Your Life • April 30, 2025 CPI 229.261 • Change in CPI for previous 12-month period: Increase of 4.145 • 4.145 _ 225.116 =0 .0184 or 1.84% • Calculation: $1.00 x .0184 = $.0184, rounded to $.02 • New Monthly Collection Component of the Rate per Residential Service Unit: $1.00 + $.02 = $1.02 (3) The rates as adjusted for the CPI Index shall be rounded to the nearest penny. Notwithstanding anything else contained herein, a single CPI adjustment to the Rates shall not exceed five percent (5%) and there shall be no "catch up" adjustment to the Rates in future years (i.e., there will not be an adjustment to the Rates in the future to offset or mitigate the effect of the five percent (5%) "cap" in a year when the CPI adjustment would exceed five percent (5%), but for the five percent (5%) limitation contained herein). (4) Notwithstanding anything else contained herein, there will not be a CPI adjustment to increase the Rates unless the Contractor delivers a written request for a CPI adjustment to the Contract Administrator on or before May 1 of the then current operating year to become effective on October 1 st in the year of request. If the Contractor fails to make a timely request for a CPI adjustment, there shall be no CPI increase in the Rates on October 1 of the next operating year. Further, there shall be no "catch up" adjustment to the Rates in future years to off -set or mitigate the effect of failing to request the adjustment. The foregoing provisions in this paragraph only apply to CPI adjustments that increase the Rates. (5) In all cases, the CPI adjustment, as calculated by the Contract Administrator, shall occur if the CPI adjustment reduces the Rates. (6) If the Administrator concludes, based on the requirements herein, that there shall be a CPI adjustment on October 1 of the next operating year, the Contract Administrator shall promptly provide notice to the Contractor concerning the CPI adjustment. The Contract Administrator also shall provide the Contractor with the Contract Administrator's calculations concerning the amount of the CPI adjustment. The Contractor shall notify the Contract Administrator within ten (10) business days if the Contractor disagrees with the Contract Administrator's determination or calculations. (7) If the CPI is discontinued or substantially altered, the City may select another relevant price index published by the United States government or by a reputable publisher of financial and economic indices. 15.2. DISPOSAL OR PROCESSING COMPONENT OF RATES Tipping Fees. The disposal or processing component of Rates shall be adjusted if the tipping fee at the Designated Facility is increased or decreased during the term of this Agreement (including any renewal of this Agreement). Generation Factor Adjustments. The generation factors specified in Exhibit 2 that are used to calculate the disposal or processing components of the Rates may be adjusted annually during the term of this Agreement. The generation factors may be adjusted based on the average quantities of Solid Waste, Program Recyclables and/or Bulk Waste collected pursuant to this Agreement during each operating year, not including quantities collected as Special Collection Services. Contractor shall provide monthly documentation demonstrating the accuracy of the TAMARAC The City For Your Life tonnage of Solid Waste, Program Recyclables and Bulk Waste collected in the City during each operating year. The disposal or processing components shall be calculated based on these adjusted generation factors. 15.3. EXTRAORDINARY RATE ADJUSTMENT Once each operating year, the Contractor may petition the City Manager for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of its operations that could not reasonably be foreseen by a prudent Person. Contractor's petition shall contain a detailed justification for the Rate adjustment. Among other things, the Contractor's petition shall include an audited statement of Contractor's historical and current expenses, demonstrating that Contractor has incurred an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant that is licensed in the State of Florida and not an employee of the Contractor or its affiliates. At its expense, the City may audit the Contractor's records to evaluate the Contractor's request. The City Manager may request, and upon request, the Contractor shall provide, all of the information that is reasonably necessary for the City Manager to evaluate the Contractor's petition. After receiving the requested information, the City Manager shall place the Contractor's petition and the City Manager's recommendations on the agenda for one of the Commission's public meetings. The Contractor shall be given a reasonable opportunity at the Commission meeting to explain the basis for its petition. The Commission shall grant, grant in part, or deny the Contractor's request in a timely manner. The Commission may deny the Contractor's request for any reason the Commission deems appropriate. The Commission's decision shall be final and non -appealable. If the Contractor's request is granted in whole or in part, the Commission shall have the right to reduce the Contractor's Rates, if and to the extent that the factors causing the Contractor's price increase to have been ameliorated or eliminated. Every twelve (12) months after a request is granted, the City Manager shall have the right to request, and the Contractor shall prepare promptly upon request, an updated audit and explanation of whether the extraordinary Rate increase should remain in effect. The City Manager may reduce the Contractor's Rates to the levels that were in effect before the extraordinary Rate increase was granted, or to an appropriate intermediate level, unless the Contractor demonstrates that the City should continue to pay the extraordinary Rate increase. The City Manager shall provide advance notice and a reasonable opportunity for the Contractor to be heard before the City Manager reduces the Contractor's rates. Any decision by the City Manager to reduce the Contractor's Rates may be appealed to the Commission. 16) PUBLIC EDUCATION ACTIVITIES Contractor shall create with input from the City a program introduction notice, improper set- out notice, and annual program reminders. The semi-annual program reminders shall address issues including recycling / recovery, hurricane debris management and preparedness, and illegal dumping. Contractor shall reproduce and distribute at its sole expense the program introduction notice, improper set -out notice, and semi-annual program reminders. Contractor shall distribute the program introduction notice upon commencement of the Agreement and upon the delivery of Solid Waste Carts or Recycling / Recovered Materials Bins or Carts to a residential service unit (if applicable). Contractor shall distribute the improper set -out notice upon identification of an improper set- out TAMARAC The City For Your Life Contractor shall distribute the program reminders to each residential service unit and Commercial Service Unit twice per year during two times per year decided by the City. 17) COMMUNITY ENGAGEMENT The City and the Contractor recognize solid waste collection is a highly visible public service and as such, a key measurement of overall resident satisfaction. Accordingly, community engagement is a paramount concern of the City. As a means of providing a visible level of community engagement, Contractor agrees to meet the following commitments to community engagement while performing under this Agreement: Contractor agrees to provide the City with a $150,000.00 check annually for a scholarship fund with the intent of strengthening the City's outreach to deserving recipients. The City will be responsible for choosing the scholarship recipients and awarding the funds to the winner(s). Contractor agrees to provide a dedicated sustainability advisor from its Sustainability Services team to assist the City in achieving its 2040 Comprehensive Plan and sustainability objectives. This service, valued at $125,000 per year, includes a three - person advisory team led by the Sustainability Advisor, who will be Contractor's dedicated point of contact for the City. At the commencement of the first contract year, Contractor and City -designated staff will meet to determine the sustainability project that the teams will focus on for the year. The team will hold, at a minimum, monthly meetings, either in person or virtually, and conduct onsite assessments. In addition to the meetings, Contractor's Sustainability Advisor will submit quarterly and annual reports to keep the City updated on the progress of the selected project. Each new contract year will involve a meeting to identify that year's project. Contractor's sustainability services include program evaluation, implementation, ongoing support, creating environmental impact metrics, advising on engagement strategies, designing zero waste programs, and maintaining alignment with the City's sustainability objectives. Additionally, Contractor will coordinate with the City to facilitate data collection, develop an impact dashboard, provide dashboard updates and tools for tracking progress toward zero waste and sustainability objectives. The City will be solely responsible for any costs incurred (e.g. costs for special containers, costs for signage, etc.) in connection with the implementation of specific projects. • Contractor agrees to provide and deliver, at no cost to the City, five (5) BigBelly Dual Station Units on a date agreed upon with the Contract Administrator. Contractor agrees to provide annual funding in the amount of $150,000 to support events organized by the City. This funding will be provided directly to the City by October 1 st, 2024, and each October 1 st of each year the contract remains in force. The City will be responsible for the distribution and allocation of these funds for the designated events. Contractor will be recognized at these City events by placement of the company name and/or logo on any materials distributed. 18) TITLE TO WASTE (1) For the purposes of this Agreement, Solid Waste and Bulk Waste belongs to the person generating such waste, until the Solid Waste and Bulk Waste is discarded by that person (i.e., the generator). With regard to the Solid Waste and Bulk Waste collected by the TAMARAC The City For Your Life Contractor under this Service Contract, title to such waste shall be passed to the City when the waste is collected by Contractor. Nonetheless, Contractor shall be solely responsible and liable for the proper handling and lawful management of such waste until it is delivered to and accepted by a facility. Upon acceptance, title to the waste shall pass to the owner of the facility. (2) Program Recyclables shall belong to the generator until such materials are discarded by the generator and collected by the Contractor. When the Contractor collects Program Recyclables on behalf of the City, title to such materials shall pass to the City when the materials are collected. Nonetheless, Contractor shall be solely responsible and liable for the proper handling and lawful management of the Program Recyclables until such materials are delivered to and accepted at a facility. Upon acceptance, title to the Program Recyclables shall pass to the owner of the facility. 19) PROHIBITION ON COMMINGLING OF MATERIALS Contractor shall collect Residential Solid Waste, Bulk Waste, and Program Recyclables generated in the City separate from any Solid Waste, Bulk Waste, or Program Recyclable generated in another jurisdiction. Further, the Contractor shall not mix Program Recyclables with Solid Waste or Bulk Waste during the Collection process. 20) ADDITION OR DELETION OF PROGRAM RECYCLABLES The City reserves the sole authority to add or delete Program Recyclables from the Collection Services. If the City adds or deletes Program Recyclables from the Collection Services, neither the City nor the Customers shall be required to provide financial compensation to Contractor. Program Recyclables required to be collected will be limited to those accepted at the Designated Facility. 21) SPILLAGE, LITTER AND LEAKAGE Contractor shall maintain all equipment, including vehicles, Carts, Dumpsters, Compactors and Roll -offs, in good working conditions as to prohibit spillage, litter and leakage. During transport, Contractor shall ensure all materials shall be contained, covered, and enclosed so that spilling, littering and leakage do not occur. Contractor shall be responsible for the cleanup of any spillage, litter, or leakage caused by Contractor, Contractor's vehicles, or Contractor's employees. Contractor shall perform all clean- ups immediately. Upon discovery of any spillage, litter, or leakage, the contractor shall immediately notify Contract Administrator and shall clean up spillage, leakage, or litter within two (2) hours of the discovery. If notified by the Contract Administrator of spillage, leakage, or litter, the Contractor shall clean up the spillage, leakage, or litter within two (2) hours of notification, and provide a written summary of corrective action taken to the Contract Administrator immediately following the implementation of such corrective action(s). 22) DAMAGE TO PROPERTY Contractor shall respond to complaints regarding property damage on City or private property damaged by the Contractor, Contractor's employees, or Contractor's equipment within forty- eight (48) hours of notice of the property damage, including replacement of lost or damaged Carts. Contractor shall perform such repairs and replacements with comparable materials acceptable to the owner of the property. Contractor shall repair or replace mailboxes within 5 days, or a TAMARAC The City For Your Life longer time if approved by the Contract Administrator. Contractor shall repair or replace all other damaged property within ten (10) days, or a longer time if approved by the Contract Administrator. If Contractor fails to repair or replace the damaged property in accordance with this Agreement, the City reserves the right to perform such repair or replacement and bill the Contractor for any and all costs for such resolution including a 50 percent administrative fee. Damage assessments will be determined at the City's sole discretion; however, investigations may be conducted by the City and/or hauler. 23) PERMITS, LICENSES, TAXES AND FEES Contractor shall be solely responsible for obtaining and maintaining, including fees and taxes associated with, all required permits and licenses to conduct the provision of services pursuant to this Agreement. Contractor shall be solely responsible for all taxes associated with the provision of services pursuant to this Agreement. 24) PERFORMANCE BONDS Prior to commencing services, Contractor shall furnish to the City, and keep current for the full duration of the Agreement and any renewal, a Performance Bond for the faithful performance of this Agreement and all obligations arising hereunder in the amount of three million dollars ($3,000,000.00). It shall be executed by a surety company licensed to do business in the State of Florida; having an "A-" or better rating by A. M. Best or Standard and Poors; included on the list of surety companies approved by the Treasurer of the United States; and in a form acceptable to the City. 25) QUALITY STANDARDS PROGRAM Tamarac's core values include: Teamwork, Accountability, Innovation, Professionalism and Integrity. These values serve as the guiding principles for the city's commitment to service and Excellence Always. Our vendor partnerships are integral to our unwavering commitment to community service. We pledge to engage with vendors who not only meet our stringent criteria for quality and efficiency but also embody our core values of teamwork, accountability, innovation, professionalism, and integrity. These values are foundational to the excellence we strive for in every aspect of our service delivery. Vendors chosen to collaborate with the City are expected to provide high -quality products and services, ensuring timely and accurate fulfillment of orders, thereby enhancing the City's value proposition to our residents. Upholding a spirit of teamwork, vendors must work cohesively with various City departments, maintaining the highest standards of integrity in all interactions. In executing the requirements of this solicitation, attention to detail and diligent adherence to these principles are vital. They directly influence the caliber of services the entire community receives. We are in pursuit of a firm that will not only deliver on the stated objectives but will also become a beacon of these ideals through their work conduct. The successful firm will be held to these performance standards. To assure City quality standards are met the following quality program will be followed: City and Contractor shall meet once each month to review the customer contact/complaint log and the Contractor's performance. The expected quality standards may be modified from time- TAMARAC The City For Your Life to -time at the direction. At a minimum, the quality standards include: Complaints — it is the City's intent that Contractor shall provide a high level of service — complaints shall not exceed 2.5 per 1,000 customers per month, nor shall it exceed 200 total complaints annually; Annual Complaints - complaints shall not exceed a total of 200 verified complaints in any rolling 12-month period; iii. Recurring Complaints - complaints shall not exceed three (3) verified complaint for the same address in one month, including subsequent daily complaints received from the same address for an unresolved complaint; and iv. Reports of damage — no property damage shall be reported each month If Contractor fails to meet these performance standards, the Contract Administrator may require that a performance improvement plan be developed and implemented by the hauler. 26) INSURANCE Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents, or subcontractors, if any, with respect to the work and services described herein. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this Agreement and provide copies of contractors' certificates of insurance as evidence thereof. The following are required types and minimum limits of insurance coverage, which Contractor agrees to maintain during the term of this contract: Line of Business Coverage Commercial General Liability Including: Premises / Operations Contractual Liabilitv Personal & Advertising injury Bodily InlurV Independent Contractors Explosion, Collapse and Underground Hazard Products / Completed Operation Broad Form Property Damage Cross Liability and Severability of Interest Clause TAMARAC The City For Your Life Automobile Liability Workers Compensation & Employer's Liability Minimum Required Insurance Limits: General Liability: Occurrence/Aggregate $1,000,000 / $2,000,000 Auto Liability: Occurrence / Aggregate $1,000,000 / $1,000,000 Workers Compensation: Statutory and Employers' Liability with limits of not less than $1,000,000 Each Accident, $1,000,000 Disease each employee, and $1,000,000 Disease policy limit. Environmental Impairment/Pollution Liability: Occurrence / Aggregate $1, 000,000/$2,000,000 Excess Liability $5,000,000 Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and required endorsement(s) (when applicable). The Contractor will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverage throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per A.M. Best's Key Rating Guide and shall be licensed to do business in Florida. All policies, with the exception of Pollution Liability, shall be on an "Occurrence" form. Each carrier will give the City sixty (60) days' notice prior to cancellation. Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured." All policies must provide a Waiver of Subrogation to the City. If Environmental Impairment/Pollution Liability coverage is on a claims -made basis, insurance must be maintained, and evidence of insurance must be provided for at least two (2) years after completion of the contract of work. If coverage is cancelled or non -renewed, Contractor must purchase "extended reporting" coverage for a minimum of two (2) years after completion of work. Contractor shall verify coverage with formal endorsements under the General Liability policy as required by the Contract, issued by Contractor's insurer(s), as evidence that polices providing the required coverage, conditions, and limits required by the Contract are in full force and effect. Contractor shall be responsible for the payment of all deductibles and self- insured retentions. The City may require that the Contractor purchase a bond to cover the full amount of the deductible or self -insured retention. Contractor must disclose any deductible or self- insured retention of $100,000 or greater. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability TAMARAC The City For Your Life Insurance policies. 27) INDEMNIFICATION (1) GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City, and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a) Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub -Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b) violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c) liens, claims, or actions made by the Contractor or any sub -contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by Contractor. (2) Upon completion of all Services, 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 indefinitely. (3) The Contractor shall pay all claims, losses, liens, settlements, orjudgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. (4) City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. (5) Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 28) NON-DISCRIMINATION & EQUAL OPPORTUNITY EMPLOYMENT During the performance of the Agreement, Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. Contractor will take affirmative action to ensure that employees and those of its sub -contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff, or termination; rates of pay or other forms of compensation; and selection for TAMARAC The City For Your Life training, including apprenticeship. The Contractor and its sub -contractors shall agree to post inconspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 29) INDEPENDENT CONTRACTOR This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 30) ASSIGNMENT AND SUBCONTRACTING (1) Contractor shall not assign, transfer, or subject the Agreement or its rights, title, interests, or obligations therein without City's prior written approval. (2) Violation of the terms of this paragraph shall constitute a breach of contract by Contractor and City may, at its discretion, cancel the Agreement. All rights, title, interest, and obligations of Successful Proposer shall thereupon cease and terminate. (3) Assignment Fees: Contractor shall pay the City a sum of $100,000 to cover administrative costs for any assignment. administrative costs for any assignment. 31) NOTICE Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. TAMARAC The City For Your Life CONTRACTOR Waste Management Inc. of Florida 1800 N. Military Trail, Suite 201 Boca Raton, FL 33431 ATTN: David M. Myhan, President dmyhan(a-)-wm.com Telephone Number: (954) 984-2035 With a copy to Ms. Lisa Silva, Legal Counsel at the same address 32) TERMINATION 32.1. DEFAULT BY CONTRACTOR: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. The City shall be the sole judge of nonperformance. 32.2. CITY TERMINATION (1) Termination for Convenience: This Agreement may be terminated by the City for convenience, upon one -hundred -eighty (180) days of written notice by the City to Contractor for such termination in which event Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. (2) In the event there should occur any Material Breach or Material Default in the performance of any covenant or obligation of Contractor which has not been remedied within thirty (30) days after receipt of written notice from City specifying such breach or default (or such longer period of time as is reasonably necessary to cure any such breach or default which is not capable of being cured within thirty (30) days, provided that Contractor has undertaken the cure within such thirty (30) days and proceeds diligently thereafter to cure in an expeditious manner), City, may if such breach or default is continuing, terminate this Agreement upon written notice to Contractor. (3) If Contractor shall fail to cure its Breach or Default as specified in this Section, City may terminate this Agreement upon ten (10) days written notice. In such case, Contractor shall not be entitled to receive further payment for services rendered from the Effective Date of the Notice of Termination. (4) In addition, City may invoke performance and payment bonds and may enter into a separate contract for the completion of the Agreement, according to its terms and provisions, or use such other methods as in City's sole opinion shall be required for the completion of the Agreement. (5) All damages, costs and charges incurred by City, together with the cost of completing the terms and provisions of the Agreement, shall be deducted from any monies due or which may become due to Contractor. In case the damages, and expenses so incurred by City TAMARAC The City For Your Life shall exceed the unpaid balance, then Contractor shall be liable and shall pay to City the amount of such excess. (6) If after Notice of Termination it is determined for any reason that Contractor was not in Breach or Default, then the rights and obligations of City and Contractor shall be the same as if the Notice of Termination had not been issued pursuant to the termination for cause clause as set forth in paragraph 1 of this Section. (7) Upon receipt of Notice of Termination, Contractor shall promptly discontinue all affected work unless the Notice of Termination directs otherwise, deliver, or otherwise make available to City all data, drawings, specifications, reports, estimates, summaries, such other information as may have been required under the terms of Agreement whether completed or in process. (8) The following events shall, without limitation, constitute a Material Breach or a Material Default by Contractor for purposes of this Section: a. Contractor shall abandon, as hereinafter defined, the performance of Collection Services for a period of five (5) consecutive calendar days unless caused by event of Uncontrollable Force. As used herein, the term "abandon" shall refer to voluntary cessation of performance of Collection Service. b. The failure of Contractor to pay amounts owed to City under the terms of this Agreement within fourteen (14) calendar days after such amounts become finally due and payable. c. In the event that the Contractor becomes financially distressed as evidenced by one or more of the following: d. Contractor fails to pay its debts when they become due; e. Contractor has filed for relief or reorganization and bankruptcy or insolvency; Contractor makes an assignment for benefit of its creditors in lieu of taking advantage of any available bankruptcy or insolvency law; f. Contractor shall consent to the appointment of a custodian, receiver, trustee, or other officer with similar powers with respect to any substantial part of its property; or if Contractor is adjudicated insolvent or shall take corporate action for the purpose of any of the foregoing. The default by Contractor with respect to any obligation to any third party pertaining to Contractor or to Collection Services, which may permit any third party, either immediately or following notice and/or the passage of time to accelerate the maturity of any obligation of Contractor, to assume control of Contractor or take possession of or to transfer or caused to be transferred to any third party any portion of the assets of Contractor, but only if such default materially interferes with or prevents Contractor's performance under the terms of this Agreement. h. If Contractor shall fail to submit a Performance Bond or a renewal or substitute Performance Bond as required pursuant to this Agreement. i. If Contractor shall fail to diligently perform its work in accordance with the requirements of this Agreement. 33) UNCONTROLLABLE FORCES (1) Neither the City nor Contractor shall be considered to be in default of this Agreement if delays TAMARAC The City For Your Life 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 nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. (2) Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming 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. 34) VENUE This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 35) SIGNATORY AUTHORITY Contractor shall provide the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 36) SEVERABILITY; WAIVER OF PROVISIONS Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 37) MERGER; AMENDMENT This Agreement constitutes the entire Agreement between Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both Contractor and the City. 38) NO CONSTRUCTION AGAINST DRAFTING PARTY Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 39) INTERPRETATION OF AGREEMENT TAMARAC The City For Your Life Except as provided otherwise in this Agreement and to the extent permitted by law, the Contract Administrator shall be responsible for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree that any decision rendered by the Contract Administrator in connection with such matters shall be final and binding upon Contractor, the Customer, and the City. 40) DEFINITION OF CLAIM As used herein "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of the Agreement terms, or other relief, arising under or relating to this Agreement. A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim under this clause. However, where the submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim for the purpose of this clause. A claim by Contractor shall be made in writing and submitted to Contract Administrator. When a controversy cannot be resolved by mutual Agreement, Contractor shall submit a written request for final decision to Contract Administrator. The written request shall set forth all the facts surrounding the controversy. 41) PROCESS FOR DISPUTE RESOLUTION (1) In connection with any claim under this clause, Contractor, at the discretion of Contract Administrator, may be afforded an opportunity to be heard and to offer evidence in support of their claim. Contract Administrator shall render a written decision on all claims within thirty (30) Business Days of receipt of Contractor's written claim, unless Contract Administrator determines that a longer period is necessary to resolve the claim. The decision shall be furnished to Contractor by certified mail, return receipt requested, or by any other method that provides evidence of receipt. If a decision is not issued within thirty (30) calendar days, Contract Administrator shall notify Contractor of the time within which a decision shall be rendered and the reasons for such time extension. (2) Except as provided otherwise in this Agreement and to the extent permitted by law, the Contract Administrator shall be responsible for interpreting this Agreement to resolve disputes that may arise hereunder. Nothing contained herein shall limit any party's right to pursue any rights or remedies available at law. 42) OPERATIONS DURING DISPUTE (1) In the event that any dispute arises between City and Contractor relating to this Agreement performance or compensation hereunder, Contractor shall continue to render service and receive compensation in full compliance with all terms and conditions of this Agreement as interpreted, in good faith, by City, regardless of such dispute. (2) Contractor expressly recognizes the paramount right and duty of City to provide adequate services to its residents, businesses and commercial establishments, and further agrees, in consideration of the execution of this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any court without first negotiating with City in good faith for an adjustment on the matter or matters in dispute and, upon failure of said negotiations to resolve the dispute shall present the matter to mediation in the courts of Florida. If mediation fails, Contractor shall present the matter to a court in Florida. (3) Notwithstanding the other provisions in this Section, City reserves the right to terminate this Agreement at any time whenever the service provided by Contractor fails to meet reasonable TAMARAC The City For Your Life standards of the trade, after City provides written notice to Contractor pursuant to Section 30 of this Agreement. Upon termination, City may call the performance bond and apply the cash and surety bond for the cost of service in excess of that charged to City by the firm engaged for the balance of the Agreement period. 43) COST SAVINGS In the event that Contractor and/or City identify method(s) in which a cost savings to the City is available, Contractor and City may agree to modify this Agreement to provide for such, provided that any such changes do not create an undue hardship on Contractor and are mutually agreed upon by City and Contractor. 44) MISCELLANEOUS 44.1. SUCCESSION OF AGREEMENT This Agreement and the rights and obligation contained herein shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 44.2. SURVIVAL Any rights either party may have in the event it terminates this Agreement pursuant to the terms hereof shall survive such termination. 44.3. NO PENALTIES No provision of this Agreement is to be interpreted as a penalty upon any party to this Agreement. The parties hereby agree that the rights of City in the event Contractor takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that the parties desire such certainty with regard to such matters. 44.4. FURTHER ASSURANCE Contractor and City agree to execute, acknowledge, and 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 in order 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. 44.5. TIME OF THE ESSENCE For 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. 44.6. CAPTIONS AND SECTION HEADINGS Captions and Sections 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 provision hereof. 44.7. NO WAIVER TAMARAC The City For Your Life 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. 44.8. APPENDICES All Appendices attached hereto contain additional terms of this Agreement and are incorporated into this Agreement by reference. Typewritten provisions inserted in this form or attached hereto shall control all printed provisions in conflict therewith. 44.9. ATTORNEY FEES In the event of arbitration or litigation between the parties regarding this Agreement, each party shall be responsible for their own attorney's fees and costs. 44.10. AUTHORIZATION Each party hereby warrants and represents that it has full power and authority to enter into and perform this Agreement, and that the person signing on behalf of each has been properly authorized and empowered to enter this Agreement. Each party further acknowledges that it has read this Agreement, understands it, and agrees to be bound by it. 44.11. TAXES Contractor shall pay all applicable sales, consumer use and other similar taxes required by law. The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 44.12. PERMITS FEES AND NOTICES Contractor shall secure and pay for all permits and fees, licenses, and charges necessary for the proper execution and completion of the work, if applicable. The costs of all permits, fees, licenses, and charges shall be included in the Rates except where expressly noted in the specifications. 44.13. BUDGET CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. In the event of a budget reduction, Contractor and City will enter into good faith negotiations to reduce the level of service provided commensurately. If the parties fail to reach agreement on a reduction in service level, this contract may be terminated in accordance with the City's contract termination requirements contained in Section 31 herein. 44.14. UNAUTHORIZED ALIENS The employment of unauthorized aliens by any contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of any contract resulting from this solicitation. This applies to any sub -contractors used by Contractor as well. TAMARAC The City For Your Life 44.15. PUBLIC ENTITY CRIME Contractor understands that a person or affiliate as defined in Section 287.133, Florida Statutes, who has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the Town and may not transact business with the Town in an amount set forth in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. Contractor herein certifies that it is qualified under Section 287.133, Florida Statutes, to provide the services set forth in this Agreement for Residential Collection Service and Commercial Collection Service. 44.16. FINANCIAL INTEREST Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no person who acts in the City as a "purchasing agent" as defined in Chapter 112, Florida Statutes, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of Contractor and, further, that no such person, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of Contractor. 44.17. ALL PRIOR AGREEMENTS SUPERSEDED This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. 44.18. PUBLIC RECORDS / AUDITS (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, Contractor shall: a. Keep and maintain public records required by the City in order to perform the service; b. 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. c. 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. d. 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 Contractor transfers all public records to the City upon TAMARAC The City For Your Life completion of the contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of the contract, 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. (2) During the term of the Agreement, Contractor shall maintain all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Agreement. The form of all records and reports shall be subject to the approval of the City's Auditor. 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) Audit Rights: The City reserves the right to audit the records of Contractor, relating to this Agreement, at any time during the term of the Agreement, and for a period of three (3) years after completion of contract. If required by City, Contractor shall agree to submit to an audit by an independent Certified Public Accountant selected by City. Contractor shall allow City to examine and review the records of Contractor at any and all times during normal business hours during the term of the Agreement. 44.19. SCRUTINIZED COMPANIES F.S. 287.135 AND 215.473 (1) By execution of an Agreement issued as a result of this proposal, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, Proposer 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 Iran Terrorism Sectors List, nor 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. In accordance with Section 287.135, Florida Statutes as amended, a company is ineligible to, and may not, bid on, submit a proposal for, or enter into or renew a contract with any agency or local government entity for goods or services of: a. Any amount if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel; or One million dollars or more if, at the time of bidding on, submitting a proposal for, or entering into or renewing such contract, the company: i. Is on the Scrutinized Companies with Activities in Sudan List of the Scrutinized Companies with Activities in Iran Terrorism Sectors List, created pursuant to Section 215.473, Florida Statutes; or ii. Is engaged in business operations in Syria. (2) Submitting a false certification or being placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran after Contractor has submitted a 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 TAMARAC The City For Your Life 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. 44.20. E-VERIFY COMPLIANCE (1) As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor, and its subcontractors shall, register with and use the E- Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat., or the provisions of this section shall terminate the contract with the person or entity. The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. (2) An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. 44.21. PUBLIC RECORDS CUSTODIAN IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO 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 CITYCLERK@TAMARAC.ORG TAMARAC The City For Your Life Purchasing and Contrarfs Divisior; 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 CONTRACTOR, signing by and through its President duly authorized to execute same. CITY OF TAMARAC Michellb J. Gomez, Mayor` // \ F LAMA) q C Date N ATTEST: r� hL1� O `3-event cuog u, City Manager WO�24 imberly Dn, C Date il o City Clerk �q. ' ' • • ' ' �� COv ''�1/11111►►►�` t form and legal sufficiency: Date , ATTEST: Signature of Corporate Secretary Ai:�sV. Lisa Silva Type/Print Name ofAsos{.porate Secy (CORPORATE SEAL) s Ot not, Cit )Attorney v� Dat Wa to Management Inc. of Florida Co a y Name ignature of President David Myhan, President June 18, 2024 Date TAMARAC The City For Your Life CORPORATE ACKNOWLEDGEMENT STATE OF Florida SS COUNTY OF Palm Beach 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 Myhan, 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 18 day of June , 20 24. /v Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public COLEEN I HOULIHAN ® Personally known to me or MY COMMISSION # HH 0040M ❑ Produced Identification a EXPIRES: August 2, 2024 Bonded Thru Notary Public Underwriters Type of I.D. Produced ❑ DID take an oath, or ® DID NOT take an oath. 55 TAMARAC The City For Your Life Exhibit 1 Program Recyclables OLD NEWSPAPER Newspaper as produced with normal percentage of inserts and colored sections. Newspapers may be placed directly inside Recycling / Recovered Materials Bins, inside brown Kraft paper bags, or bundled and tied with string. Newspaper should not be bundled with wire or tape. MIXED PAPER Mixed paper shall include magazines, catalogs, phone books, office papers (including shredded paper), file folders, envelopes, junk mail, chipboard and kraft bags. Mixed paper shall be reasonably dry and may be placed directly inside Recycling / Recovered Materials Bins along with newspapers and corrugated cardboard, placed inside brown Kraft paper bags, or bundled and tied with string. Mixed paper should not be bundled with wire or tape. CORRUGATED CARDBOARD: Corrugated cardboard containers must be flattened and not larger than 3 feet by 3 feet square. Corrugated Cardboard may be placed directly inside Recycling / Recovered Materials Bins along with newspapers and corrugated cardboard, placed inside brown Kraft paper bags, or bundled and tied with string. Material shall be free of food, dirt, grease, excess moisture or liquid and other contaminants. Wax coated cardboard and pizza boxes are not acceptable. ALUMINUM CONTAINERS: Aluminum used beverage cans should be clean and reasonably dry. Aluminum foil, foil trays and pie plates are not acceptable. STEEL & BI-METAL CONTAINERS: Steel and bi-metal, including empty aerosol, cans should be reasonably dry, clean and empty / free of organic material. PET, HDPE NATURAL AND HDPE COLORED PLASTIC BOTTLES: All plastic bottles, or those with an opening narrower than the base shall be acceptable as part of this program. Plastic bottles should be reasonably clean and dry, and recyclable / 56 TAMARAC The City For Your Life recovered materials program participants will be encouraged to remove the bottle caps. Containers that held motor oils, pesticides, herbicides, hazardous chemicals, or other hazardous materials are not acceptable. POLYCOATED CONTAINERS & ASEPTIC PACKAGES: Paper milk and fruit juice containers, gable and flat tops should be clean and reasonably dry and recyclable / recovered materials program participants will be encouraged to remove the straws from drink boxes. GLASS CONTAINERS: Food and beverage bottles and jars should be reasonably clean and reasonably dry, and recyclable / recovered materials program participants will be encouraged to remove the bottle caps. Clear, brown, and green will be accepted. The City currently requests residents to voluntarily stop recycling glass due to the cost and lack of a stable sustained market for glass in the region. However, the Contractor is still obligated to haul any glass in the Program Recyclables Carts to the appropriate facility as designated in this Agreement and shall not consider or treat glass as a contaminant. 57 TAMARAC The City For Your Life Exhibit 2 RATES Please see rate schedule attached to this document. 58 TAMARAC The City For Your Life Exhibit 3 SPECIFICATIONS FOR SOLID WASTE CARTS AND RECYCLING CARTS MINIMUM REQUIREMENTS: The following specifications describe the minimum acceptable features and performance requirements for the Solid Waste Carts and Program Recyclables Carts the Contractor will provide under the Agreement, unless otherwise agreed upon by the Contract Administrator and Contractor. 1. MANUFACTURING PROCESSES AND MATERIALS: Each cart shall consist of a body, lid, wheels, axle, and necessary accessories. The plastic resin material and the finished cart must n- eet the minimum specifications nerein. 1.1 MANUFACTURING PROCESS: Each cart body must be manufactured by a rotational or injection molding process. 1.2 PLASTIC MATERIAL: Base plastic resin must be first quality linear polyethylene or high -density polyethylene (HDPE) supplied by a national petrochemical producer. Off -spec material is not acceptable. Contractor must submit technical data sheet(s) from the resin producer. 1.3 RESIN ADDITIVES: All plastic parts shall be specifically prepared to be colorfast so that the plastic material does not alter or fade appreciably in normal use. The plastic resin must be enhanced with color pigment and ultraviolet inhibitor, which must be used at a rate that is no less than 1.5% by weight, and which must be uniformly distributed throughout the finished cart. To ensure thorough distribution of these additives, the resin and additives must be mixed in a molted state using a hot -melt blending process. Contractor must submit a statement certifying that all of the plastic resin and additives will be hot -melt blended. 2. CART REQUIREMENTS: The carts must be compatible with standard American semi - automated bar -locking lifters (ANSI type B) as well as automated arm lifters (ANSI type G) and function as follows: 2.1 ANSI CONFORMANCE: Carts must meet the requirements of ANSI Z245.30- 2008 and ANSI Z245.60-2008 standards for "Type B/G" carts. Contractor must submit independently certified copies of all ANSI test results. Test results must state the load (in pounds) under which the tests were conducted. The load under which the tests were conducted must be the same as the load rating stated in the cart manufacturer's sales literature and specifications. The ANSI Appendix D test for "Loading and Unloading Test for Carts" must clearly state that the required 520 dump cycles under the cart's full rated load were performed on both a Semi -Automated Cart Lifter and a Fully Automated Grabber Arm. 59 TAMARAC The City For Your Life 2.2 LOAD RATING: Carts must be designed to regularly receive and dump the following amount of waste material, excluding the weight of the cart, without permanent damage or deformation. The load rating must conform with ANSI Standard Z245.30-2008. Approximately 35 Gallon — approximately 120 pounds Approximately 65 Gallon — approximately 224 pounds Approximately 95 Gallon — approximately 330 pounds Contactor must submit a normal printed color sales brochure which shows the exact products being proposed and the corresponding load ratings. Contractor must mark the location of the load ratings on the brochure with bold red arrows so as to aim directly at the load ratings. The load rating in the sales literature must match the specifications and ANSI certification submitted by the Contractor, and the load rating permanently marked on the cart. 2.3 RESIN WEIGHT: The carts must be manufactured to achieve a minimum resin weight as follows: Approximately 35 Gallon — approximately 12.5 pounds minimum Approximately 65 Gallon — approximately 23 pounds minimum Approximately 95 Gallon — approximately 34.1 pounds minimum 2.4 CAPACITY: The total capacity (volume) of the carts, excluding the lid, must be 35 U.S. gallons (+/-3%), 65 U.S. gallons (+/-3%) and 95 U.S. gallons (+/- 3%), respectively. Contractor must include independent test results according to ANSI Z245.30, Appendix A (Volume Test), certified by an accredited professional engineer, showing the exact capacity of the cart body (to the nearest 0.1 U.S. gallon), for each size. 2.5 WALL THICKNESS: The carts must have a minimum nominal wall thickness of 0.154" throughout the body of the cart, and a minimum wall thickness of 0.185" inches in the critical wear points (i.e., the cart bottom, handle, and lift mechanism). The minimum wall thickness of the lid must be 0.14." 2.6 MANEUVERABILITY: Contractor must state the average tipping force required to maneuver a fully loaded cart when tilted to the roll position. The Contractor must also submit documentation that conforms to ANSI Z-245.60 (Force To Tip) testing that clearly defines the cart's maximum average tipping force. The results of this testing may not exceed a maximum average of 35 pounds for 65 gallon carts and 50 pounds for 95 gallon carts. 2.7 RIM OF BODY: The upper rim of each cart body must have a closed tubular design or be molded with a reinforced rim for maximum strength during collection. The rim must also include a ledge or other built-in feature that creates a tight seal between the body and lid. 2.8 HANDLES: Each cart must be equipped with a minimum of one handle, with a minimum of 1" diameter. The handle(s) and handle mounts must be an integrally molded part of the cart body. The handles shall be designed to afford RN TAMARAC The City For Your Life the user positive control of the loaded cart at all times. The handles must not have the ability to rotate on their own axis at any time. Handles which are molded as part of the lid are unacceptable. Bolted -on handle mounts or bolted - on handles are unacceptable. 2.9 LID: The lid shall be of one piece construction and manufactured of the same material used in the cart body. The lid shall be configured to ensure that it will not warp, bend, slump, or distort to such an extent that it no longer fits the cart properly or becomes otherwise unserviceable. The lid must be crowned in shape and designed to prevent the entry of rain when in the closed position. The lid must open from a closed position through a full 2700 arc. Living hinges and lid counter weights are unacceptable. Lid latches are unacceptable. 2.10 BOTTOM: The bottom of the cart must be impact resistant at all points (four corners and the center) of the base for durability. Screw -on, bolt -on, or pop -on wear guards are unacceptable. 2.11 WHEELS: Wheels for 65 gallon carts shall be a minimum of 10" diameter. Wheels for 95 gallon carts shall be a minimum of 12" diameter and 1.75" wide with rubber treads. All wheels must be capable of supporting a minimum of 200 pounds per wheel. 2.12 AXLE: The axle for 65 gallon and 95 gallon carts shall be a minimum of 3/4" (0.75") diameter. All axles shall be zinc chromate plated or powder coated equivalent, solid high strength steel, and fully supported by the cart body. The axle must slide through two molded -in plastic journals in the cart bottom and must not be exposed to the contents inside of the cart. Each molded -in axle journal must be at least 1" wide. Axles attached by means of bolts or rivets are unacceptable. 2.13 STABILITY: Each cart shall be stable and self -balancing when in the upright position, either loaded or empty. The carts must be designed to withstand winds averaging 25 mph when empty. 2.14 LIFT SYSTEM: Each cart shall be equipped with attachment points which make it compatible with standard American semi -automated bar -locking lifters and fully -automated arm lifters. The upper lift point must be integrally molded into the body of the cart. All lower lift bars must be designed to withstand over ten (10) years of lifter attachment. The lower lift bar on 96 gallon carts shall be at least 1" diameter galvanized steel. The lower bar must be mounted in molded -in plastic bearings or held in place with pre -installed latch/push pins. The lower bar must be factory installed and cannot be attached by means of rivets, screws, bolts, or similar fasteners. 2.15 COLOR: The Solid Waste Cart body color shall be gray, brown, green or black, as determined by the Contract Administrator. The Program Recyclables Cart shall be green or blue, as determined by the Contract Administrator. Carts may have uniform body color with different colored lids, as determined by the Contract Administrator. Surface treatments, painted or spray -on finishes, and materials that are not homogenous are not acceptable. 2.16 INTERIOR CONSTRUCTION: The interior surface of each cart must be smooth and free from crevices, recesses, projections, and other obstructions where material inside the cart could become trapped. 61 TAMARAC The City For Your Life 3. MARKINGS: Each cart must be permanently marked with letters/numbers, as follows: 3.1 SERIAL NUMBERS: Each cart must have a serial number hot stamped in white on the body. The serial number shall be preceded by a letter or number code which designates the year of manufacture. Serial numbers shall be in sequence beginning with a number designated by the City. The Contractor will maintain a file that identifies the date of manufacture by the serial number. 3.2 CITY SEAL: The City Seal or logo shall be hot stamped onto both sides of the cart body. 3.3 USER INSTRUCTIONS: Instructions for the safe use of the cart must be molded into each lid. Instructions shall be in both English and Spanish. 3.4 LOAD RATING: The load rating of the cart must be raised -relief molded into the lid. Load rating shall be stated in both pounds and kilograms and in English and Spanish. 4. IN -MOLD LABEL SPECIFICATIONS: The in -mold label must comply with the following listed specifications: 4.1 MANUFACTURING PROCESS: The in -mold label shall be permanently molded into the container lid. It should not wear or peel from normal uses. It shall have ultra -violet and other protection from the effects of the sun. 4.2 COLOR AND GRAPHICS: The in -mold label shall be 4-color and contain the City logo including images and language representing materials deemed acceptable for disposal or processing. All proofs for the label shall be submitted to the City for approval and shall have a minimum size of 5" X 12". 5. RFID & BAR CODE INTEGRATION: If the Contract Administrator determines it is necessary, each new and replacement Solid Waste Cart and Program Recyclables Cart must be produced and shipped with a bar code and an Ultra High Frequency (UHF) Radio Frequency Identification (RFID) taq: 5.1 UHF RFID TAG: A UHF RFID Tag shall be installed into the handle of the cart body at the manufacturing factory, if required by the Contract Administrator. 5.2 RFID & BAR CODE INTEGRATION: All Solid Waste Carts and Program Recyclables Carts may be equipped with a UHF RFID tag along with a bar code that has been pre -associated at the manufacturing facility. The RFID tag must be installed within the cart body, with no exposure to the outside elements. The bar code must contain an 8-9 digit serial number that has been branded on the front of the cart. The serial number bar code must be the same number that is used to identify the cart for warranty purposes. Adhesive or sticker RFID tags and/or bar codes will not be acceptable. To avoid interference with the cart contents/materials, RFID tags placed inside of the cart are unacceptable. 62 TAMARAC The City For Your Life 5.3 RFID TAG & BAR CODE ASSOCIATION: As noted above, all Solid Waste Carts and Program Recyclables Carts must have a UHF RFID tag along with a bar code that has been pre -associated at the manufacturing facility, if required by the Administrator. It is the responsibility of the cart manufacturer to provide a data base for the City that includes the association information. The data base must include each cart's RFID tag, serial number, date of manufacture, cart size and cart type. The Contractor shall maintain this data base for the life of the Agreement and provide additional association information for future cart purchases. The City may at any time request this information and Contractor must provide the information within ten (10) Operating Days of the request. 5.4 RFID INLAY SPECIFICATIONS: At a minimum, the RFID inlay must be Gen2 passive UHF and have an optimal operating frequency of 860 - 960 MHz and have an operating temperature of -40°F to +149°F. The dry inlay must meet ISO/IEC 18000-6C and EPC global C1G2 protocol. The antenna dimensions must not exceed 3.741 in x 0.302 in. with a thickness over chip not to exceed 11 mills. The inlay substrate must be heat treated PET. The inlay must be sandwiched between a minimum of two-0.005" polyester material using a heavy duty P7 permanent adhesive. 5.5 RFID TAG TESTING: The RFID tag must be tested at the manufacturing facility to ensure that it is working properly prior to shipment. 6. DATA INTEGRATION 7 6.1 The Contractor is responsible for migrating manufacturing data directly from the cart manufacturing facility to the City. The data included in the specified file format from the manufacturer needs to include information on each individual cart, including but not limited to, cart size, color, type, serial number, date of manufacture and plant of manufacture. 6.2 Contractor must provide a complete asset tracking/inventory/work order system and data delivery program that seamlessly integrates with the RFID data capture delivery systems provided by the Contractor for reporting data concerning Collections. WORK ORDER MANAGEMENT AND REPORTING SYSTEM (A55t I MANAGtMtN I 7.1 WEB BASED ASSET TRACKING SOFTWARE SUBSCRIPTION: Proposer shall provide a web -based software application: available 24/7/365; requires only a browser and live internet to access; and handles all aspects of a cart management and collection program, including cart distribution/association to household address, and Collection Service verification tracking. 7.2 COLLECTION DATA MANAGEMENT: The software must integrate with and manage the data downloaded from the RFID truck hardware outlined in these specifications, such as: (a) route number (b) cart RFID value (c) date, time and GPS coordinates of cart collection. This data will be associated with the system database to allow for collection data reporting that is accessible online. 63 TAMARAC The City For Your Life 7.3 COLLECTION REPORTS: Contractor shall provide reporting based on the City's needs and reporting criteria. Upon request, the Contractor's reports shall include but not be limited to: participation/set out rates; non -participation; time between stops; and cart movement based on service location. The reports must have the ability of being generated by the software automatically at a specific interval (daily, weekly, monthly, etc.) and exported to various file formats, such as PDF and Excel files. 7.4 STANDARD REPORTS: Standard reports shall be provided to the Administrator by customer address, cart size, cart type, date of service, cart serial number. All reports should have the ability to be created on-line using the web based software and exported to various file formats, such as PDF and Excel files . 7.5 CART DATA MANAGEMENT: The Contractor's software must manage the initial cart delivery, any work orders generated and/or completed, and any additional changes made during the course of the program. 7.6 CART INVENTORY REPORTS: The Contractor's software must have the ability to generate reports daily, weekly, or monthly based on cart activity, such as inventory reports, maintenance reports, and work order reports. Reports should be able to be viewed in PDF format or downloadable in an Excel format. 7.7 SOFTWARE FLEXIBILITY: The asset tracking software must act as a stand-alone system and have the ability to enter cart work orders and close out work orders via manual entries online. 8. ASSEMBLY. DISTRIBUTION AND TRACKING SERVICES FOR CARTS 8.1 The Contractor shall be responsible for coordinating the delivery of carts from the manufacturing plant, unloading loads of carts, assembling necessary parts, and distributing the carts to Customers throughout the Service Area. 8.2 The Contractor shall unload all delivery trailers. Any damage to the carts during any phase of the delivery, unloading, assembly, distribution, or exchanging shall be the responsibility of the Contractor to replace in kind. 8.3 Carts shall be assembled and placed at the resident's curb for Residential Service Units. 8.4 Each cart must include a plastic hanger bag that includes a pre-printed brochure describing the safe care and use of the carts for residents. 8.5 The Contractor will record the cart serial number for each and every address where the carts are delivered. The Contractor will keep an electronic file of the address assignments of carts by serial number and present it to the City in an acceptable electronic format upon request. Verification of a specific cart being associated to a specific address is required. CART MAINTENANCE 64 TAMARAC The City For Your Life 9.1 The Contractor must use inventory tracking software or other methods that enable the Contractor to maintain an adequate inventory of carts and spare parts at all times. Upon request, the Contractor shall promptly provide the City with up-to-date information concerning the Contractor's inventory. 9.2 Each cart action shall be tracked by the Contractor using the serial number on the cart or other methods that are mutually acceptable to the Parties. The time, date, and location of all cart deliveries, swap -outs (exchanges), repairs, and cart maintenance activities must be recorded and made available for the City's inspection. 9.3 The City may generate a service work order and submit it electronically to the Contractor for processing. Contractor must be able to receive and respond to work orders from the City electronically via e-mail. 9.4 Completions of work orders shall be documented using cart numbers (IDs), household address, date, and time work is completed. 9.5 The Contractor shall repair all carts at the residence. All carts in need of repair shall be equipped with new parts. 10. WARRANTY: Contractor must provide the Contract Administrator with a document that clearly states the exact warranty provided to the Contractor by the cart manufacturer. The warranty must be for no less than ten (10) full years and must specifically provide for no -charge replacement of any component parts that fail in materials or workmanship for a period of ten (10) years after delivery to a Customer. The warranty must be transferable to and enforceable by the City. A warranty specimen of the exact warranty offered must be provided to the Contract Administrator before the carts are ordered. The Contractor's warranty is understood to include, whether stated in Contractor's warranty or not, the following coverage: 10.1 Failure of the lid to prevent rainwater from entering the cart when in the closed position. 10.2 Damage to the cart body, lid, or any component parts through opening or closing the lid. 10.3 Failure of the lower lift bar from damage during interface with lifters. 10.4 Failure of the body and lid to maintain their original shape. 10.5 Damage or cracking of the cart body through normal operating conditions. 10.6 Failure of the wheels to provide continuous, easy mobility, as originally designed. 10.7 Failure of any part to conform to the minimum standards as specified herein. 65 EXHIBIT 2— RATES Residential Monthly Rates for Residential Service Units Collection Services Selected Scenario Solid Waste 2 x week, Carts Solid Waste - Collection Component (per household per month) $ 8.95 Program Recyclables 1 x week, Carts, Same day as Solid Waste Program Recyclables — Collection Component (per $ 2.99 household per month) Bulk Waste 1 x week, up to 3 CY Bulk Waste — Collection Component (per household per $ 5.05 month Total Collection Component $ 16.99 Notes: The monthly rates for Residential Service Units Collection Services above shall be inclusive of all costs to collect and transport materials to the Designated Facility, including franchise fees. The cost of tipping fees to dispose or process materials shall NOT be included in the proposed Rates above, as the City pays the tipping fees directly to the Designated Facilities. Special Collection Services per Section 6.2 and 6.3 of Agreement Rates for Excess (more than three (3) cubic yards per Set Out) Bulk Waste Collection Service: lCollection Component Is 10.00 per cubic yard Disposal/Processing Component for Excess Bulk Waste: The disposal/processing component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per cubic yard assumption, and then fill in the Disposal/Processing charge per cubic yard according to the following formula. (Generation Factor per Cubic Yard 12,000) x Tipping Fee = Disposal Charge per Cubic Yard Proposed Generation Factor per Cubic Yard: I 20 pounds per Cubic yard Bulk Waste Disposal/Processing Tipping Fee: is 49.43 per ton Disposal/Processing Component: $ 0.49 per cubic yard Total Per Cubic Yard Charge: 1 $ 10.49 (Collection Component plus Disposal Component) Note Excess Bulk Waste Rates will also apply to Multifamily Service Units requesting additional Bulk Waste Collection . The applicable tipping fee per ton would be applied to calculate the disposallprocessing component for Multifamily Service Units using the formula shown above. Side Door Service Requested by Residential Service Units that do not qualify for free Side Door Service (see Section 6.2.F of Agreement) I $ 15.99 Iper Month Rate for Bulk Waste Collection on an unscheduled service day (with Customer request and approval): Collection Component is 12.00 (per cubic yard per Collection on an unscheduled service day) Rate for Solid Waste Cart Collection on an unscheduled service da with Customer re nest and approval): Collection Component: $ 6.00 (per Collection on an unscheduled service day) Rate for Additional Solid Waste Carter additional Cart Per month see Section 6.3.A 4 of A reement : Collection Component: I $ 6.75 (per Cart, per month) Additional Prnnram Rarvr lahlne r:art /enn Cn,fi— A 1 Rill IA1 of An 'Not to Exceed: $ 2.98 'Not to Exceed: $ 2.98 'Not to Exceed: $ 2.98 Snlid Waetn anti/nr Prnnrwm Rnrvrlahlnc r:aR Goan rint 1c Ce tine A 1 AM a 1 R/11 of Anrnr.mr.ntl 'Not to Exceed: Is 70.00 'Not to Exceed I $ 65.00 'Not to Exceed: Is 60,00 Cnlid Wacta anti/nr P—ram Rr.rvrlahlne r ,a Rnnl... m nt fnr 1 ncf nr CMinn ra Aa I... Qn firm It A r` of Anrontl- 'Not to Exce d is 70.00 'Not to Exceed: is 65.00 'Not to Exceed is 60.00 Der Cart for ninety-five (95) gallon (or similar size) Cart Der Cart for sixty-five (65) gallon (or similar size) Cart Der Cart for thirty-five (35) gallon (or similar size) Cart Der Cart for ninety-five (95) gallon (or similar size) Cart Der Cart for sixty-five (65) gallon (or similar size) Cart Der Cart for thirty-five (35) gallon (or similar size) Cart Der Cart for ninety-five (95) gallon (or similar size) Cart Der Cart for sixty-five (65) gallon (or similar size) Cart Der Cart for thirty-five (35) gallon (or similar size) Cart EXHIBIT 2 - RATES Multifamily A. Monthly Rates for Collection of Solid Waste Carts Monthly Rates for the Following Frequency of Collection with Carts COLLECTION COMPONENT ONLY 1 Cart 2 Carts 3 Carts 1 x week $ 17.25 $ 34.50 $ 51.75 2 x week $ 32.78 $ 65.55 $ 82.80 3 x week $ 43.99 $ 87.98 $ 116.44 4 x week $ 58.65 $ 117.30 $ 124.20 Extra Collection $ 15.00 $ 18.00 $ 24.00 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Multifamily Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facilityincluding the Franchise Fee described in Section 14.2 of the Agreement as well as the cost for providing once per month Bulk Waste Collection Service to Multifamily Service Units. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cart assumption, and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Solid Waste Cart x Number of Carts x Frequency of Collection per Week x 4.33 12,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Solid Waste Cart: 60 Lbs/Cart Tipping Fee: $64.26 per ton. Monthly Rates for the Following Frequency of Collection with Carts DISPOSAL COMPONENT ONLY 1 Cart 2 Carts 3 Carts 1 x week $ 1.63 $ 3.26 $ 4.89 2 x week $ 3.26 $ 6.52 $ 9.78 3 x week $ 4.89 $ 9.78 $ 14.67 4 x week $ 6.52 $ 13.04 $ 19.56 Extra Collection $ 1.63 $ 3.26 $ 4.89 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. B. Monthly Rates for Collection of Non -compacted (Loose) Solid Waste Dumpsters (Note a once per week column has been added.) Monthly Rates for the Following Frequency of Collection with Dumpsters(Non-compacted) COLLECTION COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 48.54 $ 97.08 $ 145.62 $ 194.16 $ 242.70 $ 11.21 2 $ 97.08 $ 194.16 $ 291.24 $ 388.31 $ 485.39 $ 22.42 3 $ 145.62 $ 291.24 $ 436.85 $ 582.47 $ 728.09 $ 33.63 4 $ 194.16 $ 388.31 $ 582.47 $ 776.63 $ 970.79 $ 44.84 6 $ 291.24 $ 582.47 $ 873.71 $ 1,164.94 $ 1,456.18 $ 67.26 8 $ 388.31 1 $ 776.63 $ 1,164.94 $ 1,553.26 $ 1,941.57 $ 89.68 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Multifamily Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facilityincluding the Franchise Fee described in Section 14.2 of the Agreement as well as the cost for providing once per month Bulk Waste Collection Service to Multifamily Service Units. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. EXHIBIT 2 - RATES Multifamily The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cubic Yard assumption, and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Cubic Yard x Size Container x Frequency of Collection per Week x 4.33 12,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Non -Compacted Cubic Yard: 97 lbs per CY Solid Waste Disposal Tipping Fee: j 54.26 per ton Monthly Rates for the Following Frequency of Collection with Dumpsters(Non-compacted) DISPOSAL COMPONENT ONLY (note a once per week column has been added) Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 11.39 $ 22.79 $ 34.18 $ 45.58 $ 56.97 $ 2.63 2 $ 22.79 $ 45.58 $ 68.37 $ 91.16 $ 113.95 $ 5.26 3 $ 34.18 $ 68.37 $ 102.55 $ 136.74 $ 170.92 $ 7.89 4 $ 45.58 $ 91.16 $ 136.74 $ 182.32 $ 227.90 $ 10.53 6 $ 68.37 $ 136.74 $ 205.11 $ 273.48 $ 341.85 $ 15.79 8 i $ 91.16 $ 182.32 1 $ 273.48 1 $ 364.64 $ 455.79 $ 21.05 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. C. Monthly Rates for Collection of Compacted Solid Waste Dumpsters Minimum of 1 x week Monthly Rates for the Following Frequency of Collection with Dumpsters(Compacted) COLLECTION COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 57.48 $ 114.96 $ 172.44 $ 229.93 $ 287.41 $ 13.28 2 $ 114.96 $ 229.93 $ 344.89 $ 459.85 $ 574.81 $ 26.55 3 $ 172.44 $ 344.89 $ 517.33 $ 689.78 $ 862.22 $ 39.83 4 $ 229.93 $ 459.85 $ 689.78 $ 919.70 $ 1,149.63 $ 53.10 6 $ 344.89 $ 689.78 $ 1,034.67 $ 1,379.56 $ 1,724.44 $ 79.65 8 Is 459.85 $ 919.70 1 $ 1,379.56 1 $ 1,839.41 1 $ 2,299.26 $ 106.20 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Multifamily Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facilityincluding the Franchise Fee described in Section 14.2 of the Agreement as well as the cost for providing once per month Bulk Waste Collection Service to Multifamily Service Units. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cubic Yard assumption and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Cubic Yard x Size Container x Frequency of Collection per Week x 4.33 / 2,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Compacted Cubic Yard: 291 Ibs per CY Solid Waste Disposal Tipping Fee: r-s----64-2-6-1 per ton Monthly Rates for the Following Frequency of Collection with Dumpsters(Compacted) DISPOSAL COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 34.18 $ 68.37 $ 102.55 $ 136.74 $ 170.92 $ 7.89 2 $ 68.37 $ 136.74 $ 205.11 $ 273.48 $ 341.85 $ 15.79 3 $ 102.55 $ 205.11 $ 307.66 $ 410.22 $ 512.77 $ 23.68 4 $ 136.74 $ 273.48 $ 41022 $ 546.95 $ 683.69 $ 31.58 6 $ 205.11 $ 410.22 $ 615.32 $ 820.43 $ 1,025.54 $ 47.37 8 is 273.48 $ 546.95 1 $ 820.43 1 $ 1,093.91 1 $ 1,367.38 $ 63.16 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. EXHIBIT 2 - RATES Multifamily D. Monthly Rates for Collection of Program Recyclables Carts (Note columns for 4, 5, and 6 carts have been added.) Monthly Rates for the Following Frequency of Collection with Carts COLLECTION COMPONENT ONLY 1 Cart 2 Carts 3 Carts 4 Carts 5 Carts 6 Carts 1 x week $ 6.00 $ 12.00 $ 18.00 $ 24.00 $ 30.00 $ 36.00 2 x week $ 11.40 $ 22.80 $ 28.80 $ 38.40 $ 48.00 $ 57.60 3 x week $ 15.30 $ 30.60 $ 40.50 $ 54.00 $ 67.50 $ 81.00 4 x week $ 20.40 $ 40.80 $ 43.20 $ 57.60 $ 72.00 $ 86.40 Extra Collection $ 1.10 $ 2.20 $ 3.30 $ 5.54 $ 6.93 $ 8.31 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Multifamily Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facility. Processing costs shallnot be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The processing component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cart assumption, and then fill in PROCESSING COMPONENT ONLY Table according to the following formula. (Generation Factor per Program Recyclables Cart x Number of Carts x Frequency of Collection per Week x 4.33 / 2,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Solid Waste Cart: 20 Lbs/Cart Tipping Fee: $110.16 per ton. (Note columns for 4, 5, and 6 carts have been added.) Monthly Rates for the Following Frequency of Collection with Carts PROCESSING COMPONENT ONLY 1 Cart 2 Carts 3 Carts 4 Carts 5 Carts 6 Carts 1 x week $ 4.77 $ 9.54 $ 14.31 $ 19.08 $ 23.85 $ 28.62 2 x week $ 9.54 $ 19.08 $ 28.62 $ 38.16 $ 47.70 $ 57.24 3 x week $ 14.31 $ 28.62 $ 42.93 $ 57.24 $ 71.55 $ 85.86 4 x week $ 19.08 $ 38.16 $ 57.24 $ 76.32 $ 95.40 $ 114.48 Extra Collection $ 1.10 $ 2.20 $ 3.30 $ 4.41 $ 5.51 $ 6.61 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection E. Monthly Rates for Collection of Non -compacted (Loose) Program Recyclables Dumpsters Monthly Rates for the Following Frequency of Collection with Dumpsters(Non-compacted) COLLECTION COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 7.19 $ 14.38 $ 21.56 $ 28.75 $ 35.94 $ 8.00 2 $ 14.38 $ 28.75 $ 43.13 $ 57.50 $ 71.88 $ 11.00 3 $ 21.56 $ 43.13 $ 64.69 $ 86.25 $ 107.82 $ 16.00 4 $ 28.75 $ 57.50 $ 86.25 $ 115.00 $ 143.76 $ 19.00 6 $ 43.13 $ 86.25 $ 129.38 $ 172.51 $ 215.63 $ 25.00 8 is 57.50 $ 115.00 1 $ 172.51 1 $ 230.01 1 $ 287.51 1 $ 39.00 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Multifamily Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facility. Processing costs shallnot be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The processing component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cubic Yard assumption, and then fill in PROCESSING COMPONENT ONLY Table according to the following formula. (Generation Factor per Cubic Yard x Size Container x Frequency of Collection per Week x 4.33 / 2,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Non -Compacted Cubic Yard: 45 Ibs per Cubic yard Program Recyclables Tipping Fee: S 110.16 per ton EXHIBIT 2 - RATES Multifamily Monthly Rates for the Following Frequency of Collection with Dumpsters(Noncompacted) PROCESSING COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 Extra Collection 1 $ 15.50 $ 31.00 $ 46.51 $ 62.01 $ 77.51 $ 2.48 2 $ 31.00 $ 62.01 $ 93.01 $ 124.02 $ 155.02 $ 4.96 3 $ 46.51 $ 93.01 $ 139.52 $ 186.03 $ 232.53 $ 7.44 4 $ 62.01 $ 124.02 $ 186.03 $ 248.04 $ 310.05 $ 9.91 6 $ 93.01 $ 186.03 $ 279.04 $ 372.05 $ 465.07 $ 14.87 8 Is 124.02 $ 248.04 1 $ 372.05 1 $ 496.07 $ 620.09 $ 19.83 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. F. Container Re -delivery Rate that may be charged if Multifamily Collection Service is stopped due to non-payment by the Customer upon resumption of Collection Service: is 125.00 per occurrence G. Rates for Collection of Roll Off Containers Attached to Compactors[1] Delivery Charge for Detachable Container $ 50.00 per occurrence Delivery Charge for Stationary Packing Unit $ 50.00 per occurrence Daily Rental Charge for Detachable 30-Yd Container $ 15.00 per day after delivery day Daily Rental Charge for Detachable 40-Yd Container $ 15.00 per day after delivery day Rental Charge for Stationary Packing Unit $ 20.00 per DAY (day or month) Collection Charge per Pull (Solid Waste) $ 425.00 per pull 'Note disposal cost is based on Tipping Fee and weight of Roll Off Container H. Rates for Collection of Roll Off Containers Not Attached to Compactors [1] Delivery Charge for Container $ 50.00 per occurrence Daily Rental Charge for Detachable 20-Yd Container $ 4.25 per day after delivery day Daily Rental Charge for Detachable 30-Yd Container $ 4.25 per day after delivery day Daily Rental Charge for Detachable 40-Yd Container $ 4.25 per day after delivery day Collection Charge per Pull (Solid Waste) $ 395.00 per pull 'Note disposal cost is based on Tipping Fee and weight of Roll Off Container [1]. On October 1, 2025, and annually thereafter, the Rates for Roll Off Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. Rates proposed herein shall include costs for providing collection and transfer to the Designated Facility including the Franchise Fee described in Section 14.2 of the Agreement as well as the cost for providing once per month Bulk Waste Collection Service to Multifamily Service Units. EXHIBIT 2 - RATES Commercial A. Monthly Rates for Collection of Solid Waste Carts Monthly Rates for the Following Frequency of Collection with Carts COLLECTION COMPONENT ONLY 1 Cart 2 Carts 3 Carts 1 x week $ 25.88 $ 51.75 $ 77.63 2 x week $ 49.16 $ 98.33 $ 124.20 3 x week $ 65.98 $ 131.96 $ 174.66 4 x week $ 87.98 $ 175.95 $ 186.30 5 x week $ 116.44 $ 232.88 $ 349.31 6 x week $ 136.62 $ 273.24 $ 409.86 7 x week $ 159.39 $ 318.78 $ 478.17 Extra Collection $ 5.98 $ 11.95 $ 17.93 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Commercial Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facility including the Franchise Fee described in Section 14.2 of the Agreement. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cart assumption, and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Solid Waste Cart x Number of Carts x Frequency of Collection per Week x 4.33 12,000) x Tipping Fee = Monthly Disposal Component. Proposed Generation Factor per Solid Waste Cart: 60 Lbs/Cart Tipping Fee: $66.94 per ton. Monthly Rates for the Following Frequency of Collection with Carts DISPOSAL COMPONENT ONLY 1 Cart 2 Carts 3 Carts 1 x week $ 8.70 $ 17.39 $ 26.09 2 x week $ 17.39 $ 34.78 $ 52.17 3 x week $ 26.09 $ 52.17 $ 78.26 4 x week $ 34.78 $ 69.56 $ 104.35 5 x week $ 43.48 $ 86.96 $ 130.43 6 x week $ 52.17 $ 104.35 $ 156.52 7 x week $ 60.87 $ 121.74 $ 182.61 Extra Collection $ 2.01 $ 4.02 $ 6.02 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. B. Monthly Rates for Collection of Non -compacted (Loose) Solid Waste Dumpsters (Note a once per week column has been added.) Monthly Rates for the Following Frequency of Collection with Dumpsters(Non-compacted) COLLECTION COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 6 7 Extra Collection 1 $ 51.48 $ 102.97 $ 154.45 $ 205.93 $ 257.42 $ 308.90 $ 360.39 $ 11.89 2 $ 102.97 $ 205.93 $ 308.90 $ 411.87 $ 514.84 $ 617.80 $ 720.77 $ 23.78 3 $ 154.45 $ 308.90 $ 463.35 $ 617.80 $ 772.26 $ 926.71 $ 1,081.16 $ 35.67 4 1 $ 205.93 1 $ 411.87 $ 617.80 $ 823.74 $ 1,029.67 $ 1,235.61 1 $ 1,441.54 1 $ 47.56 6 Is 308.90 $ 617.80 $ 926.71 $ 1,235.61 $ 1,544.51 $ 1,853.41 1 $ 2,162.32 1 $ 71.34 8 Is 411.87 $ 823.74 1 $ 1,235.61 1 $ 1,647.48 1 $ 2,059.35 $ 2,471.22 $ 2,883.09 1 $ 95.12 Notes 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Commercial Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facility including the Franchise Fee described in Section 14.2 of the Agreement. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. EXHIBIT 2 - RATES Commercial The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cubic Yard assumption, and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Cubic Yard x Size Container x Frequency of Collection per Week x 4.33 / 2,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Non -Compacted Cubic Yard: 110 Ibs per Cubic yard Solid Waste Disposal Tipping Fee: $ 66.94 J per ton Monthly Rates for the Following Frequency of Collection with Dumpsters(Noncompacted) DISPOSAL COMPONENT ONLY (Note a once per week column has been added) Pick-ups Per Week Size of Dumpster (Cubic Yards) 1 2 3 4 5 6 7 Extra Collection 1 $ 15.93 $ 31.88 $ 47.83 $ 63.77 $ 79.71 $ 95.65 $ 111.59 $ 3.68 2 $ 31.87 $ 63.77 $ 95.65 $ 127.53 $ 159.42 $ 191.30 $ 223.18 $ 7.36 3 $ 47.80 $ 95.65 $ 143.48 $ 191.30 $ 239.13 $ 286.95 $ 334.78 $ 11.04 4 $ 63.74 $ 127.53 $ 191.30 $ 255.07 $ 318.84 $ 382.60 $ 446.37 $ 14.72 6 1 $ 95.61 $ 191.30 1 $ 286.95 1 $ 382.60 1 $ 478.25 $ 573.90 $ 669.55 $ 22.08 8 1 $ 127.48 $ 255.07 1 $ 382.60 1 $ 510.14 1 $ 637.67 $ 765.20 $ 892.74 $ 29.44 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. C. Monthly Rates for Collection of Compacted Solid Waste Dumpsters (Note a once per week column has been added.) Monthly Rates for the Following Frequency of Collection with Dumpsters(Compacted) COLLECTION COMPONENT ONLY Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 6 7 Extra Collection 1 $ 74.14 $ 148.28 $ 222.41 $ 296.55 $ 370.69 $ 444.83 $ 518.97 $ 17.12 2 $ 148.28 $ 296.55 $ 444.83 $ 593.10 $ 741.38 $ 889.66 $ 1,037.93 $ 34.24 3 $ 222.41 $ 444.83 $ 667.24 $ 889.66 $ 1,112.07 $ 1,334.49 $ 1,556.90 $ 51.37 4 $ 296.55 $ 593.10 $ 889.66 $ 1,186.21 $ 1,482.76 $ 1,779.31 $ 2,075.87 $ 68.49 6 $ 444.83 $ 889.66 $ 1,334.49 $ 1,779.31 $ 2,224.14 $ 2,668.97 $ 3,113.80 $ 102.73 8 $ 593.10 $ 1,186.21 $ 1,779.31 $ 2,372.42 $ 2,965.52 $ 3,558.63 $ 4,151.73 $ 136.98 Notes: 1. On October 1, 2025, and annually thereafter, the Collection Component of Rates for Commercial Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. 2. Rates proposed herein shall include all costs for providing collection and transfer to the Designated Facility including the Franchise Fee described in Section 14.2 of the Agreement. Disposal costs shall not be included in the table above (see following table). 3. The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. The disposal component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per Cubic Yard assumption and then fill in DISPOSAL COMPONENT ONLY Table according to the following formula. (Generation Factor per Cubic Yard x Size Container x Frequency of Collection per Week x 4.33 12,000) x Tipping Fee = Monthly Disposal Component Proposed Generation Factor per Compacted Cubic Yard: 330 Ibs per Cubic yard Solid Waste Disposal Tipping Fee: $ 66.94 per ton EXHIBIT 2 - RATES Commercial Monthly Rates for the Following Frequency of Collection with Dumpsters(Compacted) DISPOSAL COMPONENT ONLY (Note a once per week column has been added.) Pick-ups Per Week Size of Dumpster Cubic Yards 1 2 3 4 5 6 7 Extra Collection 1 $ 47.83 $ 95.65 $ 143.48 $ 191.30 $ 239.13 $ 286.95 $ 334.78 $ 11.05 2 $ 95.65 $ 191.30 $ 286.95 $ 382.60 $ 478.25 $ 573.90 $ 669.55 $ 22.09 3 $ 143.48 $ 286.95 $ 430.43 $ 573.90 $ 717.38 $ 860.86 $ 1,004.33 $ 33.14 4 $ 191.30 $ 382.60 $ 573.90 $ 765.20 $ 956.51 $ 1,147.81 $ 1,339.11 $ 44.18 6 Is 286.95 $ 573.90 1 $ 860.86 1 $ 1,147.81 $ 1,434.76 $ 1,721.71 $ 2,008.66 $ 66.27 8 1 $ 382.60 $ 765.20 1 $ 1,147.81 1 $ 1,530.41 $ 1,913.01 1 $ 2,295.61 $ 2,678.22 $ 88.36 Notes: The Rates for Extra Collection shall only be charged if a Customer requests an additional Collection beyond the normal Collection schedule for that Customer. D. Container Re -delivery Rate that may be charged if Commercial Collection Service is stopped due to non-payment by the Customer upon resumption of Collection Service: is 125.00 per occurrence E. Rates for Collection of Roll Off Containers Attached to Compactors[1] Delivery Charge for Detachable Container $ 50.00 per occurrence Delivery Charge for Stationary Packing Unit $ 50.00 per occurrence Daily Rental Charge for Detachable 30-Yd Container $ 15.00 per day after delivery day Daily Rental Charge for Detachable 40-Yd Container $ 15.00 per day after delivery day Rental Charge for Stationary Packing Unit $ 20.00 per Day(day or month) Collection Charge per Pull (Solid Waste) $ 425.00 per pull 'Note disposal cost is based on Tipping Fee and weight of Roll Off Container F. Rates for Collection of Roll Off Containers Not Attached to Compactors [1] Delivery Charge for Container $ 50.00 per occurrence Daily Rental Charge for Detachable 20-Yd Container $ 4.25 per day after delivery day Daily Rental Charge for Detachable 30-Yd Container $ 4.25 per day after delivery day Daily Rental Charge for Detachable 40-Yd Container $ 4.25 per day after delivery day Collection Charge per Pull (Solid Waste) $ 395.00 per pull "Note disposal cost is based on Tipping Fee and weight of Roll Off Container [1]. On October 1, 2025, and annually thereafter, the Rates for Roll Off Collection Services will be adjusted in accordance with Section 15 of the Agreement, based on changes in Consumer Price Index. Rates proposed herein shall include costs for providing collection and transfer to the Designated Facility including the Franchise Fee described in Section 14.2 of the Agreement. G. Rates for Bulk Waste Collection Requested by Commercial Service Units (see Section 6.7.B of the Agreement) lCollection Component I $ 18.00 1per cubic yard Disposal/Processing Component for Bulk Waste: The disposal/processing component of the Rate shall be calculated using the following formula. Proposer shall fill in the pounds per cubic yard assumption, and then fill in the Disposal/Processing charge per cubic yard according to the following formula. (Generation Factor per Cubic Yard / 2,000) x Tipping Fee = Disposal Charge per Cubic Yard Proposed Generation Factor per Cubic Yard: 259 pounds per Cubic yard Bulk Waste Disposal/Processing Tipping Fee: $ 66.94 per ton Disposal/Processing Component: per cubic $ 8.67 yard Total Per Cubic Yard Charge: $ 26.67 (Collection Component plus Disposal Component)