HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-236Temp. Reso. #9113
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August 14, 2000
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2000-236
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING CITY OFFICIALS
TO APPROVE THE RATE INCREASE BY SOUTHERN
SANITATION FOR RESIDENTIAL MULTI -FAMILY SOLID
WASTE SERVICE BY $0.18 PER CUBIC YARD AND AN
AGGREGATE INCREASE OF 3% EFFECTIVE OCTOBER 1,
2000; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac has a franchise agreement with Southern
Sanitation for collection and disposal of solid waste from residential multi -family residences
within the City of Tamarac; and
WHEREAS, Article 3.5 of the agreement between the City of Tamarac and Southern
Sanitation, a copy of said agreement being hereto attached as Exhibit 1, for multi -family
solid waste collection provides for an automatic rate adjustment based upon the change in
the Miami All Urban Consumer Price Index (CPI) for the twelve month period ending the
previous September 30; and
WHEREAS, Southern Sanitation did not adjust rates on January 1, 1999 and on
January 1, 2000, for the CPI increases and is therefore asking for an aggregate CPI
increase; and
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Temp. Reso. #9113
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August 14, 2000
WHEREAS, the CPI from September 1997 through September 1999 increased by
3%, a copy of said calculations is attached hereto as Exhibit 2; and
WHEREAS, Article 8.1 of the agreement between the City of Tamarac and Southern
Sanitation for multi -family solid waste collection provides for an automatic rate increase
based upon increase in Broward County disposal fees; and
WHEREAS, Broward County has increased the disposal fee from $80.67 to $80.91
per ton, effective October 1, 1999, and will increase the disposal fee from $80.91 to
$82.24 per ton, effective October 1, 2000, a copy of each said increase is attached hereto
as Exhibit 3; and
WHEREAS, based upon Broward County disposal fee and CPI increases, Southern
Sanitation has requested, a copy of said request attached hereto as Exhibit 4, a rate
increase of $0.18 per cubic yard and an aggregate increase of 3% for residential multi-
family solid waste service effective October 1, 2000; and
WHEREAS, the Assistant Director of Public Works recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve the rate
increase for residential multi -family solid waste service.
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Temp. Reso. #9113
Page 3
August 14, 2000
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
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 Resolution.
SECTION 2: The rate increase of $0.18 per cubic yard and aggregate CPI increase
of 3% requested by Southern Sanitation for residential multi -family solid waste service are
hereby approved, effective October 1, 2000.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
Fj
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Temp. Reso. #9113
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August 14, 2000
PASSED, ADOPTED AND APPROVED this 151h day of September, 2000.
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I H,RJEBY CERTIFY that I
a pr v d this
E 71UTION.as to form.
MITCHELL S-'KR)
CITY ATTORNEY
' OE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER,..,.,
DIST 1: COMM. PORTNER,
DIST 2: COMM. MISHKIN ,4
DIST 3: COMM. SULTANOF„
DIST 4: VIM R08ERTS
U:\adm correspondence\agendas\9113RES-00 So San MF Garbage Rate Increase
Exhibit 1
TEMP. RESO. No.�
Revised 8/30/95
Revised 9/8/95
Revised 9/1 T/95
Detween the Cily of Ta ar c
.I.
LUT . - ll• •. r . - •
For Furnishing Residen ial Multi -Family
aolid Waste Collection Services
This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY")
and Waste Management, Inc., of Florida D/B/A Southern Sanitation (hereinafter
"CONTRACTOR") is made and entered into this day of 6 , 1995.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
February 24, 1993, relating to the furnishing of residential multi -family solid waste collection
services in the City of Tamarac; and
WHEREAS, the Agreement between Waste Management, Inc., of Florida D/B/A
Southern Sanitation and the City provides for a Consumer Price Index (CPI) adjustment
to be effective on January 1 of each year; and
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
expressed a strong desire to have a long term mutually rewarding relationship with the
City; and
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
requested an amendment to Section 3.5 of the Agreement to provide that the Consumer
Price Index Adjustment that was to be effective on January 1, 1996 and January 1, 1997
be waived; and
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
requested an amendment to Section 4.1 of the Agreement to provide an extension of the
term of the Agreement from December 31, 1997 to December 31, 2001; and
Revised 8/30/95
Revised 9/8/95
Revised 9111195-
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
requested an amendment to paragraph 9.1(d)(1) of the Agreement to provide that the
monthly caster charge is hereby waived; and
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
requested an amendment to the Agreement that would have the effect of reducing the
residential multi -family rate by waiving the January 1, 1996 and January 1, 1997
Consumer Price Index Adjustment and eliminating caster charges.
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
February 24, 1993, between CITY and CONTRACTOR, the parties agree as follows:
1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment
is amended to read as follows:
Artic 3 Fees and Revenues
§3.5 Consumer Price In I Adjustment
If this agreement is not terminated as provided herein, on January 1
of each subsequent year hereof, the rate shall be adjusted by the
same percentage increase or decrease, if any, in the Miami All Urban
Consumer Price Index (CPI) for all items for the twelve (12) month
period ending the previous September 30. Notwithstanding the
foregoing sentence, no CPI adjustment in the rate shall exceed four
percent (4%) for any one (1) year, except that in the event of an
extraordinary increasse in the CPI in such twelve (12) month period,
CONTRACTOR shall have the right, between December 1 and
December 31 subsequent to the twelve (12) month period, to petition
CITY by filing a petition with the Contract Administrator for an
adjustment in the rate above the four percent (4%) maximum level.
The CONTRACTOR'S petition shall contain financial information
which shall substantiate the requested adjustment. The Contract
Administrator shall within thirty (30) days of receipt of the petition
recommend to the City C-eumeil ComMissioo that the petition be
approved , denied or approved with modifications. Approval, denial
or approval with modifications shall be within the sole discretion of the
City Eeunei+ C i and shall be final and binding.
_.2
Revised 8/30/95
Revised 9/8/95
Revised 9/11/95
T -Consumer Price Index Adjustment shall not effec i e J u
1 1996 anda 1 1997 and shall be waived onlyjor tbesg
peciods. Thereafter. CPI adjustments in the rate shall -occur asset
fQrth herein above.
2. Article 4, Term, Section 4.1 Contract Term is amended to
read as follows:
Article 4 Term
4.1 Contract Term
The term of this Agreement shall be for a five (5) year period
commencing on and including January 1, 1993 and expiring on
December 31, 1997. Effective September„27. 1995. this Agreement
extendedshall be i e on
DecemberService shall commence no later than forty-five
(45) days from the date this contract is executed by both parties.
4.3 Renewal Term
This Agreement shall be renewable by agreement of both parties for
one (1) three (3) year period. This option may be exercised by action
of the City Eatree+Commission and CONTRACTOR during the month
of july 4996, J.Wly 2000 however, that the total remaining agreement
shall never exceed eight -(8) twelve (12) years. These options are
available at the sole discretion of the CITY, and if exercised by CITY,
CONTRACTOR shall be required to provide the same services upon
the same terms and conditions for the extended agreement term.
CITY shall not have any obligation to exercise these options.
3. Article 9, Compensation, Section 9.1(d)(1) Optional Services
is amended to read as follows:
_ram
9.1(d)(1) Optional Services: SubA)Qasters
The caster charge per month_ mairitnenance per container is
eliminated from this Agreement.
3
Revised 8/30/95
Revised 9/8/95
Revised 9/11 /95
4. The February 24, 1993 Agreement between CITY and
CONTRACTOR and all subsequent amendments and addenda
thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically
delineate any prior terms or conditions in this addendum does not
operate to relieve CITY or CONTRACTOR of any obligations pursuant
to the Agreement or waive any rights contained therein.
5. Effective date of this Agreement shall be date of execution by
the last party to execute.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Addendum to Agreement on the respective dates under
each signature, the City of Tamarac signing through its City Manager
and its City Commission signing by and through its Mayor, Norman
Abramowitz, and Waste Management, Inc., of Florida D/B/A Southern
Sanitation signing by and through IDUng)UNUOUX duly authorized
to execute same. James A. Waters
CI OF TAMA C
By.
No man Abramowitz, Mayor
Date:
ATTEST: j�--
-Z_
Carol Evans, City Clerk, c htCr Robert S. Noe, Jr., City Manager
Date: �-- zzk Date:
Approved pp to form an egal
s ci nc
Mitchell S. Kraft, City Attorney
4
STATE OF FLORIDA )
COUNTY OF BROWARD )
ss: Acknowledgement of City of Tamarac
BEFORE ME, the undersigned authority this day personally appeared Norman
Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me
and before me that they executed the above and foregoing contract for the uses and
purpose therein expressed with due authority in that behalf from the City Council of the
City of Tamarac, Broward County, Florida.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at
Tamarac, Broward County, Florida on this day o 1995.
1WY % OFFICIAL NOTARY S_AL
KARVDim LEE JNuldaiN
iAJIr11R4WN NuuB�
CC201576
CF F1d� my UMISSIGN F
'Z— Personally known to me
Produced identification
15�e� zze-'
ph.
Notary Public, State Florida at Large
Print or Type Name of Notary Public
Commission Number & Expiration Date
4a
r A
o" .0",
Corporate Secretary
itL2LL.—Rorna Erlo
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
Al
Revised 8/30/95 .
Revised 9/8/95
Revised 9/11/95
President
Dater �12 0 / 4 9 r
Before me personally appeared ,lames A Waters , to me well known
and known to me to be the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he/she executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal,
My Commission Expires:
�} `7
(:Personall k '
Pro uced Identification
Did/Did Not take an oath.
this 12— day of September , 1995.
Notary P ic, Statd of
Florida At Large
Print or Type Name of Notary
L?Auz JeM BCMENCK
§•: �` ems: Avd u.,M
�e Pueao una�w�
22
Exhibit 1
TEMP. tit bo. No. i 3
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
WASTE MANAGEMENT INC., OF FLORIDA
DB/A/ SOUTHERN SANITATION
FOR
FURNISHING
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
FEBRUARY 2491993
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
WASTE MANAGEMENT INC., OF FLORIDA
DB/A/ SOUTHERN SANITATION
FOR
FURNLSBJNG MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
This is an Agreement dated the 24th day of February, 1993, between THE CITY OF
TAMARAC, a political subdivision of Broward County, Florida, its successors and assigns,
(hereinafter referred to as "CITY"), through its City Council, and Waste Management Inc., of
Florida d/b/a/ Southern Sanitation, its successors and assigns, (hereinafter referred to as
"CONTRACTOR").
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE 1
Definitions
1.1 Shall have the meaning set forth in Section
403.703 Florida Statutes.
1.2 BULK WASTE: Stoves, refrigerators, water tanks, washing machines, furniture
and other waste material other than construction debris, weights or volumes
greater than those allowed for containers generated incidental to the use of the
occupancy of the property where the bulky item is placed for collection.
1.3 LESS: Retail, professional, wholesale and industrial facilities and other
commercial enterprises offering goods or services to the public.
1.4 • Business establishments (for profit or not for profit) within
the City of Tamarac.
1.5 CONDOMIIUM: Multi -family residential apartment buildings that are on the
Broward County tax rolls as condominium ownership and assessment, and are
designed for mechanical container (dumpster) garbage and trash pick-up.
1.6 CONSTRUCTION DE11RIS: Waste building materials resulting from
construction, remodeling, repair or demolition operations.
1.7 CONTAINER: Any dumpster, compactor, roll -off container, garbage can or bag,
as defined herein.
1.8 CUSTOMER: Any condominium or multi -family association or designated
representative of a condominium or homeowner organization that utilizes the
services of the CONTRACTOR.
1.9 12EAJ2 ANIMALS: Dead animals shall mean any four legged, two legged, fur,
fin, feather livestock, household pet or otherwise.
1.10 : A site or facility legally empowered to accept solid waste for
treatment or disposal as approved by the City of Tamarac, Broward County, and
the State of Florida governing agencies.
1.11 : Any detachable metal container designed or intended to be
mechanically dumped into a fork -type front end loader or rear -end loader truck or
similar mechanism garbage truck and varying in size from two (2) to eight (8)
cubic yards. '
1.12 DUPLEX: A detached two-family structure designed or intended for occupancy
by two (2) families.
1.13 GARBAGE: All waste and accumulation of animal, fruit or vegetable matter that
attends, or results from the preparation, use, handling, cooking, serving or storage
of meats, fish, fowl, fruit, and/or vegetables or any matter of any nature
whatsoever which is subject to decay and the generation of noxious or offensive
gases or odors, or which, during or after decay, may serve as breeding or feeding
material for flies or other germ -carrying insects; and any bottles, cans or
containers, utilized in normal household use, -which may retain waterwand serve as
breeding places for mosquitoes and other insects.
1.14 GARDEN ANJ2 LA3YN TRASH: All accumulations of grass, leaves,
shrubbery, vines, tree branches and trimmings which are normally associated with
the care and maintenance of landscaping.
1.15 HOUSEHOLD IRASH: All accumulations of paper, magazines, pa4aging,
containers, sweepings and all other accumulations of a nature other than garbage
or lawn clippings, which are usual to housekeeping and to the operation of stores,
offices or other business places.
1.16 MULTI -FAMILY DWELLING: A residential building which contains more
than one (1) living unit, including but not limited to condominiums and duplexes.
City may designate duplexes which do not require CONTRACTORS service.
1.17 PERFORMANCEBODM: Shall mean the form of security approved by the
city and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
agreement and will pay lawful claims.
1.18 PRODUCER: An occupant of a residential unit who generates refuse.
1.19 PROPER VEHICLES: Any vehicle which is not in violation of any provision
of this Agreement is a proper vehicle.
1.20 REFUSE/SOLID WASTE: Garbage, rubbish, bulky waste, construction or
demolition debris and other discarded matter within the corporate limits of the
city.
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1.21 REETISE REGULATIONS: All administrative rules, regulations and procedures
that may be established for the purposes of carrying out or making effective the
provisions of this agreement.
1.22 RESIDFN'ITAL SERVICE (MULTI-FAMILU All refuse collection service
provided to all residential dwelling units, including townhomes, duplexes,
triplexes, condominiums - and all other multi -family dwelling units within the
service area.
1.23 ROLL -OFF CONTAINER: Containers for large accumulations of refuse with a
range capacity from 10 to 40 yards (open top) or from 15 to 45 yards (compactor
compatible).
1.24 ELMISH: All waste wood, wood products, tree trimmings, grass cuttings, dead
plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used
and discarded clothing, used and discarded shoes and boots, combustible waste
pulp and other products such as are used for packaging or wrapping, crockery and
glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and
any and all other waste materials not included in the definition of Bulky Waste,
Construction Debris, Garbage, Hazardous Waste, and Special Waste.
1.25 SCQpE OF WORK: The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to complete
said work.
1.26 SER39CE AREA: City limits of City of Tamarac.
1.27 SPECIAL SERVICE: Any collection or disposal service provided which
exceeds the uniform level of service provided under residential service systems,
per the agreement, and for which a special service charge is applied.
1.28 SPECIAL _WASTE: All waste which by the nature of its size, weight or
chemical content requires special handling in either its collection or disposal. This
includes but is not limited to tree trimmings and branches exceeding the size or
weight defined in Garden and Lawn Trash, or Yard Trash, hazardous materials,
appliances, bulky household items, large furniture items, construction materials,
abandoned vehicles or vehicle parts, body parts, dead animals, flammables,
explosives, radioactive materials or liquid waste, or any items that may not be
lawfully disposed of at the disposal facility utilized by the CONTRACTOR.
1.29 MJRFTY: Shall mean the party who is bonded with and for the CONTRACTOR
to insure the payment of all lawful debts pertaining to and for the acceptable
performance of the agreement.
1.34 WHIIE GOM AND ELIHNIJURE Discarded refrigerators, ranges,
washers, water heaters and other similar domestic appliances.
1.31 YARD TRASH - REGULAR: All vegetative matters resulting from yard and
landscaping maintenance and shall include materials such as tree and shrub
trimmings, grass clippings, palm fronds or small tree branches which shall not
exceed four (4) feet in length and four (4) inches in diameter. Such trash shall be
bundled and placed curbside for regular collection.
3
ARTICLE 2
Grant of Franchise
In consideration of the CONTRACTOR'S performance. hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the CITY
governing the collection of residential solid waste, the CITY hereby grants to the
CONTRACTOR the right pursuant to Article 7.19 of the City's Charter to use the public streets,
alleys and thoroughfares within the corporate limits of the CITY for the purpose of engaging in
the business of collection of solid waste for multi -family residential customers located within the
corporate limits of the CITY pursuant to the terms of this Agreement, but not otherwise.
The CITY shall retain vested title to all waste materials covered by this franchise Agreement and
generated within the corporate limits of the CITY until same are collected by CONTRACTOR;
at which time, title shall pass to CONTRACTOR
The CITY reserves the right to establish a separate recycling collection program outside of this
Agreement for newspapers, aluminum, glass, plastic or other materials. However, any reduction
in the size of the container and/or frequency of pick-up in this Agreement due to a reduction in
the volume of solid waste collected as a result of a bona -fide recycling program for recyclable
materials shall be the subject of negotiations between the CONTRACTOR and CUSTOMER.
Legal procedures shall be invoked in a Broward County Court of having proper jurisdiction
pursuant to Article 17 in the event that the parties cannot agree to a reduction.
3.1 STREEIJ15E FEE: In consideration of the grant contained in Article 2 hereof,
the CONTRACTOR hereby agrees to pay CITY as compensation for the right to
use its streets, alleys and thoroughfares an amount ("Street User Fee") equal to
fifteen percent (15%) of all Gross Receipts derived from residential services
(multi -family) solid waste customers within the corporate limits of Tamarac.
Payments shall be due no later than thirty (30) days after the end of the month. A
franchise fee of 15% shall be paid retroactive from October 1, 1992 until effective
date of Agreement.
CONTRACTOR shall provide to CITY notarized monthly and annual statements
signed by an authorized representative of CONTRACTOR. Statements should
accompany payments and identify in detail the categories and amounts of Gross
Receipts received by CONTRACTOR, based on the records of CONTRACTOR
during the month for which payment is made related to CONTRACTOR'S
performance under this Agreement. If CONTRACTOR fails or refuses to make
such reports and payments, CITY may maintain an action against
CONTRACTOR to recover the same and all expenses of collecting same,
including reasonable attorney fees. If, as a result of an annual audit pursuant to
8.2; there is a discrepancy between what should have been paid to CITY for
franchise fees versus what was required to be paid to CITY pursuant to the
Agreement, CONTRACTOR shall be responsible for 100% of the difference due
and owing to CITY. Such difference shall be due no later than thirty (30) days
after delivery of notice to CONTRACTOR of said difference.
It is further understood and agreed that the consideration paid pursuant to this
Agreement shall not be added on as a separate item on the resident's garbage
collection bills, but rather shall be considered as an operational expense.
a"
51
3.2 FUTLIHE REVENUE: In the event CONTRACTOR establishes any other
methods of collection and disposal of solid waste, CITY shall establish, at that
time, a percentage of gross receipts from such collections which should be
included in the calculation of the amounts due.
3.3 12FLINQITENCY PROVISIJ2DJ: In the event CONTRACTOR fails to make the
payment for this franchise on or before the date due as hereinabove provided,
CONTRACTOR shall pay an interest charge for each month, or a fraction thereof,
that payment is late. An Interest Factor shall be based on the prime rate for the
Chase Manhattan Bank, N.A. plus one percent 0%) calculation will be illustrated
as follows:
Prime Rate + 1 %/365 days= (DIR) Daily Interest Rate
DIR x Days Payment Late --Interest Charge
NOTE: Regardless of the foregoing, the interest rate referred to in this
section will comply with all applicable state laws.
3.4 TIPPING FEE CREDIT: One component in the computation of multi -family
residential collection fees under this Agreement between CONTRACTOR and
CITY is disposal fees (tipping fees). Pursuant to the Agreement, CITY and
CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if
new technology is utilized by CONTRACTOR that provides verifiable cost
savings in excess of the cost of such technology that benefit CUSTOMER and
CONTRACTOR. The tipping fee credit shall be computed using the information
supplied by CONTRACTOR as required in Article 12, including, but not limited
to, the information required pursuant to Section 12.1(c)
3.5 • If this agreement is not
terminated as provided herein, on January 1 of each subsequent year hereof, the
rate shall be adjusted by the same percentage increase or decrease, if any, in the
Miami All Urban Consumer Price Index (CPI) For All Items for the twelve (12)
month period ending the previous September 30. Notwithstanding the foregoing
sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one
(1) year, except that in the event of an extraordinary increase in the CPI in such
twelve (12) month period, CONTRACTOR shall have the right, between
December 1 and December 31 subsequent to the twelve (12) month period, to
petition CITY by filing a petition with the Contract Administrator for an
adjustment in the rate above the four percent (4%) maximum level. The
CONTRACTOR'S petition shall contain financial information which shall
substantiate the requested adjustment. The Contract Administrator shall within
thirty (30) days of receipt of the petition recommend to the City Council that the
petition be approved, denied or approved with modifications. Approval, denial or
approval with modifications shall be within the sole discretion of the City Council
and shall be final and binding.
r.i
4.1 CONTRACT TERM: The term of this Agreement shall be for a five (5) year
period commencing on and including January 1, 1993 and expiring on December
31, 1997. Service shall commence no later than forty-five (45) days from the date
this contract is executed by both parties.
5
4.2 OPTTON (EXTENSION): City shall have the option to extend the term of this
Agreement on a month -to -month basis on thirty (30) days written notice.
4.3 : This Agreement shall be renewable by agreement of both
parties for one (1) three (3) year period. This option may be exercised by action
of the City Council and CONTRACTOR during the month of July 1996; however,
that the total remaining agreement shall never exceed eight (8) years. These
options are available at the sole discretion of the CITY, and if exercised by CITY,
CONTRACTOR shall be required to provide the same services upon the same
terms and conditions for the extended agreement term. CITY shall not have any
obligation to exercise these options.
ARTICLE 5
Scope of Services
5.1 OBLIGATIONS:OF Q2DJTRAC10R'q
CONTRACTOR hereby agrees to be the solid waste collector and to collect all
solid waste generated by multi -family residential customers within the corporate
limits of the CITY, except as specifically excluded in this Agreement.
5.2 (a) FREQUENCY -OF WASIE COLLECTION:
Residential Service - MUlli-Family - shall be provided regular refuse collection
service at least two (2) times per week under this Agreement. All multi -family
units are required to receive such service.
(b) CUSTOMER -SERVICE-: CONTRACTOR -shall -provide
mechanicallcontainerized (dumpster) refuse collection service at least two (2)
times per week under this Agreement.
(c) A12111STMEN1 QE SERVICE: CONTRACTOR will also provide the
means to decrease container size if requested by CUSTOMER based on decrease
of garbage volume as described in Article 9.1. During the first year of the
contract, service level can be adjusted quarterly and thereafter service level may
be adjusted no more than twice per year.
(d)11OLIDAY SCHEDULE: Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTOR shall be required to pick up refuse on all
holidays other than Christmas Day. CONTRACTOR shall service all residential
customers twice during Christmas week and at least one (1) pick-up shall be made
after Christmas Day.
(e) CONTAINER LOCATION - Container refuse customers shall accumulate
refuse at locations that are mutually agreed upon by the customer and
CONTRACTOR and which are convenient for collection by CONTRACTOR.
Where mutual agreement is not reached, CITY shall coordinate with
CONTRACTOR and CUSTOMER to designate location.
• ul ; • / ; ul ►II►•
(1) Hgtlfis of Collection: First collection per day will not begin prior to
8:00 A.M. or pursuant to Section 9-91 of the City Code herein
attached as Exhibit "B" or such time as set by CITY via duly
enacted ordinance.
[1
(2) CONTRACTOR shall provide service Monday through Saturday.
(3) CONTRACTOR shall not make any waste collections on a
Sunday.
(9) MILKY WAS" : CONTRACTOR shall negotiate with CUSTOMER the
means to provide bulky waste pick-up.
5.3 C1151OMEg gEQUESTEp THlgj2 DAy pICKIM: CUSTOMER may
request additional garbage collection service in conformance with the rates
established in Article 9.
5.4 WASTE COLLECTION: CONTRACTOR shall make collections with a
minimum of noise and disturbance. Containers shall be handled carefully by
CONTRACTOR and shall be thoroughly emptied and left where they were found.
This work shall be done in a sanitary manner. Any waste spilled by the
CONTRACTOR shall be picked up and removed by CONTRACTOR. Any
receptacle found in an enclosure of any kind shall be replaced securely and
properly in such, enclosure. In the event of damage by CONTRACTOR of a
Customer's garbage receptacles, CONTRACTOR shall be responsible for the
timely repair or replacement.
5.5 VACANT LOTS: It will not be the responsibility of CONTRACTOR to remove
waste resulting from clearing property for building purposes, unless specifically
contracted to do so.
ARTICLE 6
Schedules and Routes
6.1 ROUTES OF COLLECITON: Collection routes shall be established by
CONTRACTOR. CONTRACTOR shall submit a map designating the collection
routes to the city for its approval, which approval shall not be unreasonably
withheld. City may amend the collection routes annually so long .as such
amendments do not increase the cost of CONTRACTOR to provide the services
contemplated herein.
6.2 : CONTRACTOR acknowledges
that at times during the year, the quantity of refuse is materially increased by
fluctuation in the amount of garden and yard trash. This additional load will not
be considered a justification for the failure of CONTRACTOR to maintain the
established schedules and routes. CONTRACTOR shall be responsible for
removal of all refuse.
6.3 : In the event of storm or other disaster, CITY may grant
CONTRACTOR reasonable variance from regular schedules and routes. As soon
as practical, after storm or disaster, CONTRACTOR shall advise CITY and the
customer of the estimated time required before regular schedules and routes can
be resumed.
Where it is necessary for CONTRACTOR and CITY to acquire additional
equipment and to hire extra employees to clean city of debris and refuse resulting
from the storm or disaster, CONTRACTOR shall work with CITY in all possible
ways for the efficient and rapid 'cleanup of such debris and refuse.
7
CONTRACTOR shall receive extra compensation above agreement for additional
employees, overtime and costs of rental equipment, provided CONTRACTOR has
first secured prior written authorization from CITY to utilize and hire additional
labor and equipment and to incur overtime. Said compensation shall be calculated
on the basis of CONTRACTOR'S actual costs for additional labor, equipment and
materials, plus a reasonable amount as overhead and profit to be negotiated.
CONTRACTOR shall provide CITY with sufficient records to clearly support its
claim for additional compensation.
6.4 Employees of CONTRACTOR shall not be required
to expose themselves to the danger of being bitten by dogs or other animals in
order to accomplish refuse collection where the owner or tenants have such
animals at large. CONTRACTOR shall immediately notify CITY in writing of
such condition and of its inability to make collection because of such condition.
Disposal of Solid Waste
CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this
agreement to the approved Broward County Recovery Disposal facilities or to any transfer
station which may hereafter be utilized in the future by CITY and approved by Broward County
(such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by
CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of
disposal site for disposal of residential solid waste collected, pursuant to this Agreement. All
alternative disposal sites must be approved in writing by CITY prior to use by CONTRACTOR.
All laws, rules mnd regulations governing hours of operation and disposal practices at disposal
sites shall be strictly observed by CONTRACTOR. The parties hereby agree that all services
provided by CONTRACTOR pursuant to this agreement shall be carried out in a confident and
business -like manner and in compliance with the standards and specifications set forth in the
attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any
subcontractor without written prior approval by CITY.
Any revision or establishment of new performance standards shall be approved by Council and
upon such approval, shall become a part of this agreement as though fully set forth herein. The
allocation of any and all costs which may be hereafter incurred by CONTRACTOR in
conforming with any changes in the performance standards, shall be negotiated by
CONTRACTOR and CITY in good faith.
ART cog
Rates, Records, Billing
8.1 RCS: The rates referred to in Article 9 shall be automatically increased
or decreased to reflect substantiated increases and decreases in disposal fees at
facilities used by CONTRACTOR. Such adjustments shall be effective on the
date the disposal costs are approved by CITY and calculated based on the
following applicable conversion factor.
The rate for multi -family service shall be adjusted either upwards or downwards
as a direct pass -through for any disposal fee increase or decrease based upon the
calculation of ten cents (.10) per cubic yard plus the applicable franchise fee for
each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton
tipping fee at the disposal site.
(a) In addition to the rate adjustments described above, CONTRACTOR may
petition CITY any time after the first anniversary date of this agreement for a rate
adjustment. CITY reserves the right to require additional information as backup
for any rate increase proposal including an audit of applicable records by CITY'S
Finance Department or agent thereof, CONTRACTOR recognizes that all rate
increases must be approved by Resolution of the City Council and shall be
considered on a timely basis by CITY. CONTRACTOR shall not bill any rate
increase prior to approval by City Council and notices given to residents including
the initial rates described herein. CITY shall have thirty (30) days from
submission of the rate request by CONTRACTOR in which to request in writing
additional backup information.
(b) In the event that rates are increased or decreased at the
landfill/incinerator/disposal site and/or by Broward County or any other state or
governmental agency CITY may notify CONTRACTOR within 15 days to adjust
fees based on formula as specified in 8.1.
(c) The rates quoted are to apply to any area annexed into the city.
(d) CONTRACTOR shall work with CITY to resolve any unforeseen
problems that may arise during the term of the agreement. This includes, but is
not limited to, providing extra crews and equipment in times of emergency,
providing dumpsters in times of emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and trash accumulated by the various
departments of the city.
-8.2 MEC12RDS: CONTRACTOR agrees to maintain, at -his °local office or
principal place of business within Broward County, adequate books and records
relating to the performance of its obligation under this Agreement.
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. Audits, upon reasonable notice by the City, shall not be
performed more frequently than twice a year during normal working hours. CITY
may, upon reasonable notice, cause an audit to be performed by city persdnnel or
by an independent parry designated by CITY of that portion of CONTRACTOR'S
books and records relating to its performance under this agreement. The cost of
an annual audit pursuant to this provision shall be reimbursable costs under
Section 13.3 performance evaluation and monitoring hereof. No original notes or
work papers can be removed from the inspection location.
8.3 BILLING:
(a) CONTRACTOR shall be responsible for monthly customer billing and
collection. CONTRACTOR'S telephone number shall be included on all notices
to customers and bills for service.
(b) CITY shall provide CONTRACTOR with a list of all customers, billing
addresses, type of service, and frequency of collection prior to commencement of
service.
(c) NON-PAYMENT by CUSTOMERS: CONTRACTOR may temporarily
discontinue a customer's service for non-payment if a customer's account is past
due in excess of sixty (60) days. If a customer's service has been discontinued for
non-payment, the customer's deposit may be applied to the customer's account.
01
(d) Service shall be restored upon payment of account by customer.
CONTRACTOR may charge a service fee of $15.00 when service is being i
restored after being disconnected for non-payment. CONTRACTOR may charge a
monthly late fee, not to exceed one (1%) per cent of any past due balances in
excess of thirty (30) days. CONTRACTOR shall notify CITY of the
discontinuation of a customer's service, if such service is not restored within ten
(10) days.
(e) CUSTOMER DEPOSITS: CONTRACTOR may require a deposit not to
exceed twice the fee for monthly service. If CONTRACTOR is providing a
mechanical/bulk container to the customer, the deposit may not exceed the total of
the fee for two months service plus one hundred ($100) dollars for each yard of
the mechanical container capacity provided. All deposit schedules shall be
uniformly applied. If a customer's service has been discontinued for non-payment
twice. in a twelve (12) month period, CONTRACTOR may require an additional
deposit equal to fifty (50%) per cent 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 customer shall be transferred to the city upon
expiration or termination of the agreement.
8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and
CITY shall receive its franchise fee monthly within thirty (30) days after the end
of the month. CONTRACTOR shall provide CITY with its payment of the
franchise fee, a listing of all accounts for which no collections were received after
sixty (60) days, a listing of all collections -and a listing of all accounts that are in
arrears over sixty (60) days. CONTRACTOR shall provide CITY with said
information on an annual basis from multi -family customers. CONTRACTOR
within sixty (60) days after commencement by a contract shall provide CITY
with:
(1) A list of all accounts by name and numbers.
(2) The total amount billed to each account.
8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route
within CITY without commingling trash/garbage with any other route (other than
CTTY'S) and provide CITY with an accurate tonnage weight analysis.
10
ARTICLE 9
Compensation
9.1 : CONTRACTOR shall be paid the following sums for all i
service that it provides within the CITY.
MONTHLY SERVICE
Container 1x per 2x per 3x per 4x per 5x per 6x per
Size week week week week Wbek week
2 cu. yds.
61.69 118.12 174.55 230.98 287.41 343.85
3 Cu. yds.
76.81 148.27 219.73 291.19 362.65 434.11
4 cu. yds.
92.82 179.31 265.80 352.29 438.78 525.26
5 Cu. yds.
108.45 209.97 311.46 413.00 514.52 616.03
6 Cu. yds.
124.07 240.62 357.1E 473.71 590.25 706.80
8 cu. yds.
EE��j
154,91 301.52 448.1 594.72 741.32 887.93
/A 14%
% % • j "w"AL. seriVlcES: (up to 4 cubic yards per container)
(a)
(b)
(c)
Casters.
$"�`�-� per month maintenance per container
s--11.�.[L_ par month per container for short, easy
rollout, 1 time per week
$ 1-�-_ per month for each additiod�nal ay per
week
s--J-2 �atL per month for long, difficult rollout tirne
per week
Per month for each additional day per
week
Unscheduled or special pickups
per uncompacted yard
(d) Compacted rates (Ratio 4 to 1)
5-= -• )I 2 cubic yards per pickup
` 1-A 9 �, 3 cubic yards per pickup
4 cubic yards per pickup
17 5 cubic yards per pickup
--mow 6 cubic yards per pickup
'All Rates Are ]nclusivc of Franchise Freg
11
\I-j
i
ARTICLE 10
Units Guarantees
10.1 Those units which currently are to receive service are
contained within the designated multi -family residential areas, condominium
designated areas as defined in Article 1.5 and Article 1.16.
ARTICLE 11
Contractor's Local Office
11.1 OF>FiCLIMANAGING AGENT: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County and shall designate in writing within ten (10) days
of execution of this Agreement the agent upon whom all notices may be served
from CITY. Service upon CONTRACTOR'S agent shall always constitute
service upon CONTRACTOR.
11.2 HOURS: CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
5:00 A.M. to 5:00 P.M., local time, Monday through Friday.
11.3 : CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, record all complaints, and resolve `all complaints ,in ,an expeditious
manner by the end of the next business day.
ARTICLE 1Z
Contractor's Relation to City
12.1 INDEPENDENT CONTRACTOR: The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -agent or
employer -employee relationship between the parties is created by this agreement.
By entering into this agreement with CITY, CONTRACTOR acknowledges that it
will, in the performance of its duties under this agreement, be acting as an
independent CONTRACTOR and that no officer, agent or employee of
CONTRACTOR will be for any purpose an employee of the City of Tamarac and
that no officer, agent or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
12.2 NON -WAIVER OF POWERS AND REGULA33UNks: This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly reserves the right to make all
regulations which may be necessary or proper to secure the safety, welfare and
accommodation of the public, including, but not limited to, the right to adopt and
enforce regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation of
garbage, and Solid Waste services detailed herein. Nothing herein contained shall
constitute a waiver of any of the requirements of the rules and regulations adopted
12
by CTI`Y, including the right to make such changes and amendments to said rules
and regulations as said CITY may deem to be advisable and necessary to protect
the public health and general welfare of its inhabitants.
12.3 CUSTOMER COMPLAINTS: CONTRACTOR shall perform every reasonable
act to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that CTTY may be fully informed of the
quality of the service, CONTRACTOR shall arrange the handling of complaints
in substantially the following manner, all complaints, whether received in person,
by mail or by telephone, shall be reported in CONTRACTOR'S log approved by
Contract Administrator and furnished by CONTRACTOR. A copy of the log is
available to CITY upon request. Complaints received before 12:00 noon shall be
serviced before 5:00 p.m. that day. Complaints received after 12:00 noon shall
be serviced before 12:00 noon on the following calendar day. CONTRACTOR
shall be available at CITY'S request to CITY action taken on complaints.
Legitimacy of challenged complaints may, at the option of CITY, be determined
on the basis of a joint inspection by a representative of CITY and a
representative of CONTRACTOR. CONTRACTOR shall maintain a customer
complaint log during the term of this Agreement, and shall maintain log for five
years from the date of the complaint.
12.4
CONTRACTOR, in the execution, performance, or attempted performance of this
agreement, shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin, handicap or marital status.
CONTRACTOR'S employees or applicants for employment (as provided in Title
VI of .the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilities Act of 1992),�understand and agree -that ihismgreement is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CITY that said CONTRACTOR will comply with Title VI of the
Civil Rights Act of 1964 when federal grants are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans
and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
12.5 LABOR FQRCE:
(a) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CITY and shall give the name or names to CITY; information
regarding experience shall also be furnished.
(b) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(c) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.
(d) CONTRACTOR shall provide operating and safety training for all
personnel.
13
12.6 EEQLUMMENT: CONTRACTOR, at its sole cost and expense, shall furnish and
maintain all equipment as is considered necessary to perform the work in an
acceptable manner and at a satisfactory rate of progress. The equipment shall be
maintained in a first-class, safe and efficient working condition through the term
of the agreement and any renewal period. CONTRACTOR shall establish a
regular preventative maintenance program for all equipment and shall maintain
records of preventative maintenance and other maintenance repairs to the
equipment. CONTRACTOR shall be responsible for initiating, maintaining and
supervising all maintenance programs, safety precautions and programs, in
connection with the work and services performed hereunder. CONTRACTOR
shall establish reasonable procedures and programs to prevent property loss or
damage and/or personal injury to persons, including, but not limited to, employees
performing such work and all other persons who may be affected hereby.
CONTRACTOR shall comply with all Federal. State, and Local rules and
regulations when conducting operations pursuant to this agreement.
CONTRACTOR shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations in the ownership, title, maintenance,
or operation of the equipment and such files and records shall be available upon
reasonable notice for review by CITY.
12.7 VEHICULAR IDENTIFICATION: All vehicles and equipment used by
CONTRACTOR for the collection of residential solid waste shall be clearly
marked with the CONTRACTOR'S name and telephone number in letters of a
size sufficient to reasonably identify the vehicle, but not less than five (5) inches
in height. CONTRACTOR shall also assign to each of its vehicles an identifying
number and shall mark the same upon said vehicles in figures not less than five
(5) inches in height.
12.$ REGULATIONOF ULLECTION CONIAMRS: CONTRACTOR shall
provide its customers with appropriate containers for collection of residential
solid waste, subject to the following requirements; all such containers shall be
constructed according to the generally accepted industry standards. All roll -off
containers shall be covered to prevent the scattering of the containers contents
while in transit. All such containers shall be cleaned and maintained on g regular
basis by CONTRACTOR so as to be in good repair. All containers shall be clearly
marked with the CONTRACTOR'S name and telephone number in letters not less
than two (2) inches in height. CONTRACTOR shall replace any damaged
container within forty-eight (48) hours if notified by CITY or its customers.
12.9 HEALTH AND SANITAIIQN: CONTRACTOR shall establish and enforce in
its operations and among its employees such regulations in regard to cleanliness
in the collection of solid waste as will tend to prevent the inception and spread of
diseases and to effectively prevent the creation of a nuisance on any property
either public or private. CONTRACTOR shall maintain at its sole cost and
expense copies of all permits and licenses required for its collection of residential
solid waste services either from the City, County, State or Federal Government.
ARTICLE 13
Performance Evaluation and Monitoring
13.1 BIGHT TO INSPECTION: CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis. The Evaluation Plan attached
14
hereto as Exhibit "F" contains detailed standards for such evaluations. The
Performance Evaluation Plan may be revised unilaterally by CITY at any time
during the term of the Agreement or any renewal period provided, however, that
any such revision will be effective only upon reasonable notice to
CONTRACTOR. CITY from time to time may unilaterally determine which
operations are to be evaluated during a particular period. CITY, through an
independent third party Contractor of its own selection, shall evaluate technical
performance, including reliability and schedule performance, program
management. The cost of such third party CONTRACTOR shall be a
reimbursable cost under Section 13.2.
13.2 REIMBURSEMENT_ OF COST: CONTRACTOR shall reimburse CITY for
all documentable, out-of-pocket costs and expenses incurred by CITY in
connection with 6e award of this Agreement to CONTRACTOR. On or before
the 30th day after the execution of this Agreement, CITY shall submit to
CONTRACTOR a detailed list of all such costs which are reimbursable pursuant
to this provision. Such costs shall be certified as to their completeness and
accuracy by CITY and shall be deemed accurate unless the CONTRACTOR
notifies CITY in writing of its disagreement to any such costs within thirty (30)
days after receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant
to this provision shall not exceed an aggregate amount of ten thousand and
No/100 dollars ($10,000.00) and shall be paid by CONTRACTOR forty-five (45)
days after receipt of invoice from the City.
13.3
COSTS: CONTRACTOR shall annually reimburse CITY for all costs that are
incurred in monitoring and evaluating CONTRACTOR'S performance under this
Agreement. Such costs shall be submitted to CONTRACTOR in writing within
thirty (30) days after the completion of each Agreement Year. Such costs shall be
certified as to the completeness and accuracy by the City Manager and shall be
deemed accurate unless CONTRACTOR notifies CITY in writing of its
disagreement with any such cost within thirty (30) days after receipt thereof.
Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be
paid on or before forty-five (45) days after receipt of such costs from CITY and
such reimbursement shall not exceed an aggregate amount of $15,000.00 for any
agreement year.
13.4 : In the event
CONTRACTOR shall fail to perform any of the material provisions of this
Agreement, CITY shall provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts relating thereto. If the practice, event or
condition is not reformed, corrected or otherwise made to comply with the terms
of this Agreement within a period of time which is reasonable in relation to the
nature of the practice, event or condition of non-compliance, but in no event
more than ten (10) days from the date of the notice of violation unless the non-
compliance cannot be cured within ten (10) days, then within a reasonable time
using best efforts and CONTRACTOR shall notify CITY of those efforts, the
same shall constitute an Act of Non -Compliance. For each Act of Non-
compliance, CONTRACTOR shall pay CITY the sum of up to Five Hundred
Dollars ($500.00) per day for each day that such Act of Non-compliance shall
continue. This remedy is hereby expressly made cumulative of other remedies
available to PARTIES at law or in equity for breach of this Agreement.
15
(a) CITY reserves the right to terminate the Agreement at any time whenever
the service provided by CONTRACTOR fails to meet reasonable standards of the
trade, after CITY gives written notice to CONTRACTOR of the deficiencies as
set forth in the written notice within fourteen (14) days of the receipt by
CONTRACTOR of such notice from CITY. Upon termination, CITY may call
the Surety and apply the proceeds to the cost of service charged to CITY for the
balance of the Agreement.
(b) In the event of a strike by the employee or any other similar labor dispute
which makes performance of this Agreement by CONTRACTOR substantially
impossible, CONTRACTOR agrees that CITY shall have the right to call the
Surety Bond and engage another firm to provide necessary service.
13.6 PFREQRMA1 NCE BOND: CONTRACTOR shall furnish to CITY a
Performance Bond, Letter of Credit or Cash Bond guaranteeing the faithful
performance of this Agreement. The security shall be in the form acceptable to
the City Attorney and shall be for the term of this Agreement and in an amount
equal to Two Hundred and Fifty Thousand ($250,000) Dollars. The security shall
be furnished to CITY by CONTRACTOR within ten (10) days of the date of
execution of this Agreement or any renewal thereof. Without limiting any other
indemnity provisions herein, such security shall indemnify CITY against any
loss, expense, cost or damage resulting from any default by CONTRACTOR
hereafter or any failure of performance by CONTRACTOR. The City Attorney is
hereby delegated the authority to approve not only the form of the security, but
also the financial capabilities of the Surety to perform. Upon completion of this
Agreement in compliance with all terms and conditions hereof, CONTRACTOR
shall be entitled to the return of any Cash Bond on Deposit with CITY within ten
(10) business days.
13.7 LIABILITIES FOR DELAXS 12H- NON-CONFORMANCE:
CONFORMANCE:
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall CITY be liable or responsible
to CONTRACTOR or to any other person on account of any stoppage or delay
in the work herein provided for, by injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any delay for any cause for
which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays or non-performance
of the terms and provisions of this agreement where such delays or non-
performance are caused by events or circumstances over which CONTRACTOR
has no control, including riots, civil disturbances, or acts of God; provided,
however, that in the event of any such non-performance or delay resulting from
events or circumstances beyond the control of CONTRACTOR, CONTRACTOR
shall not be entitled to compensation for such period of time as a delay or non-
performance shall continue.
16
ARTICLE 14
Default of Agreement
14.1 DEFAUL',�',12F CONTRACT: If, in the opinion of the City Manager, there has i i
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within a
period of seven (7) days, CONTRACTOR has not eliminated the conditions
considered to be a default to this Agreement, City Attorney shall notify City
Council and CONTRACTOR, and a hearing shall be set for a date within fifteen
(15) days of such notice. On that day City Council shall hear CONTRACTOR
and CI TY's representatives and shall make a determination as to whether or not it
has been a breach and shall direct what further action shall be taken by CITY, as
hereinafter provided. Pending Resolution of the alleged breach, CONTRACTOR
shall be governed by the provisions of Section 14.2.
14.2 DEFAULT: Default by CONTRACTOR shall occur if CONTRACTOR fails to
observe or perform a material portion of its duties under the Agreement. CTTY
may terminate CONTRACTOR'S performance of services under this Agreement
in the event of default by CONTRACTOR and the failure by CONTRACTOR to
cure such default after receiving notice hereof. Should default occur, CTTY may
deliver a written notice to CONTRACTOR describing such default and the
proposed date of termination. Such date may not be earlier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, prior to the proposed date of
termination, CONTRACTOR cures such default then the proposed termination
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed -date of termination, then CITY may -terminate CONTRACTOR'S
performance under this Agreement as of such date.
14.3 POST-TERNUNAIIQN SERVICES: Upon the effective date of termination as
contained in the above notice referenced in 14.2 of this Agreement,
CONTRACTOR shall, unless the notice directs otherwise, immediately
discontinue all service in connection with this Agreement and shall proceed to
cancel promptly all existing orders chargeable to this Agreement. Within ten
(10) days of receipt of notice of termination, CONTRACTOR shall submit to
CITY monthly reports and revenues required under this Agreement to the day of
termination.
14.4 : In addition to, or in lieu of, the termination procedure set above in
Section 14.2 of this Agreement CITY shall take any or all of the following actions
in the events of a default by CONTRACTOR;
(a) If CITY determines, and notifies CONTRACTOR, that such default
poses an immediate threat to the health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such default within twenty four
(24) hours after receiving such notice, CITY shall have the right to perform or
cause to be performed all or part of the work necessary to cure such default. In
the event that CITY performs such work, or causes it to be performed,
CONTRACTOR shall bear the cost of such work, and if necessary, shall
reimburse CITY for the cost thereof. CTTY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
irA
(b) CITY shall make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, expenses or liabilities that CITY has
incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article 13.4 non-compliance by
CONTRACTOR in this Agreement.
ARTICLE-1S
Indemnification
CONTRACTOR hereby assumes risk of lost and/or injury to property
and/or persons arising directly or indirectly from the performance of any of its obligations
under this Agreement and further agrees to indemnify and hold harmless CITY, its officers,
agents, and employees from and against any and all claims, liabilities, demands, suits, costs or
expenses, including, but not limited to, expenses of litigation and attorneys fees arising from
any such claims, loss or injury. Without limiting the foregoing, the indemnity provided herein
shall specifically include any claim against CITY arising out of any Environmental Laws (as
herein defined). This indemnification shall continue beyond the term of this Agreement for
claims arising as a result of this Agreement.
ARTICLE 16
Insurance
16.1 GENERAL: CONTRACTOR shall not commence work under this Agreement
until it has obtained all the insurance required under this Agreement,.and such
-insurance -has been approved by the City. CONTRACTOR shall be responsible
for delivering to CITY the Certificate of Insurance for approval. - CONTRACTOR
shall name the City of Tamarac as a named insured on the Certificate of
Insurance. CONTRACTOR'S Certificate of Insurance must be attached and
included in this Agreement as Exhibit " C ". All insurance policies shall be issued
by companies duly licensed to write business insurance policies in the State of.
Florida and rated -A- or better by A. M. Best Key Rating Guide. Further, CITY
shall be named as a named insured on all insurance policies (except Workers'
Compensation). Certificates of each policy, together with a statement by the
issuing company to the extent that said policy shall not be cancelled without
thirty (30) days prior written notice received by CITY, and shall be delivered to
CITY for review and approval. Insurance coverage specified herein constitutes
the minimum requirements and said requirements shall in no way lessen or limit
the liability of CONTRACTOR under the terms of this Agreement.
CONTRACTOR shall procure and maintain, at its own cost and expense, any
additional kinds and amounts of insurance that, in its own judgment, may be
necessary for proper protection in the completion of its work.
16.2 COMPENSATTUN INSURANCE: CONTRACTOR shall maintain, during the
term of this Agreement and any renewals, Worker's Compensation Insurance on
all of its employees to be engaged in work under this Agreement, and shall
require the same from any subcontractors used. In the event that any class of
employees engaged in hazardous work pursuant to this Agreement is not
protected under the Workers' Compensation Statute, CONTRACTOR shall
provide adequate employer's general liability insurance for the protection of
employees not so protected.
W.
16.3
CONTRACTOR shall procure and shall maintain during the term of this
CONTRACT and any renewals Public Liability and Property Damage Insurance
in an amount not less than $1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
16.4 AUTOM01ILLE INSURANCE: CONTRACTOR shall procure and maintain,
during the term of this Agreement and renewals, Comprehensive Automobile
Liability Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death, and property damage (automobile).
16.5 EXCESSWE UMBRELLA LTABILIU: CONTRACTOR shall procure and
maintain, during the term of this Agreement and any renewals, Excess Umbrella
Liability Insurance in an amount not less than $1,000,000 coverage in excess of
Automobile and Bodily Injury/Property Damage coverages.
16.6 aCOPE OF INS11RANCE: The insurance required under the above
paragraphs shall provide adequate protection for CONTRACTOR against damage
claims which may arise from operations under this Agreement, whether such
operations be by the insured or by anyone directly or indirectly employed by
the insured. CTTY shall be named a named insured on all of CONTRACTOR'S
insurance policies provided for herein.
16.7 LOCAL AGENI FOR MSURANCE AN2 B0hMINQ: The insurance and
bonding companies with whom CONTRACTOR'S insurance and performance
bonds are written shall be licensed to do business in the State of Florida and shall
be represented by an agent or agents having an office located in the State of
Florida. Each such agent shall be duly qualified, upon whom service of process
may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with CITY, or any other
claimant, or any property owner who has been damaged, may have against
CONTRACTOR, insurance, and/or bonding company. The name of the agent or
agents shall be set forth on all such bonds and certificates of insurance.
CONTRACTOR shall keep the required insurance in full force and effect at all
times during the term of this CONTRACT, and any renewals thereof.
CONTRACTOR shall furnish to CITY a Certificate of insurance on a form
furnished and approved by CM, evidencing CONTRACTOR has obtained the
required insurance coverage. At the request of CITY the original policy shall be
provided for inspection. All policies must prove that they may not be changed or
canceled by the insurer in less than thirty (30) days after CITY has received
written notice of such change or cancellation.. Such insurance amounts may be
reviewed upward at CITY'S request, and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
ARTICLE 17
Compliance with Laws and Regulations
17.1 YENLTE: This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
19
17.2 UME TS OF THE FSSENCE: Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
17.3 The failure of CITY, at any
time, to require performance by CONTRACTOR of any provisions herein shall in
no way affect the rights of CITY thereafter to enforce the same. Nor shall waiver
by CITY of any breach of any provisions herein be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
17.4 LMNFOHCEABLE PROVISIONS: If any provision of this agreement shall be
declared illegal, void or unenforceable, the other provisions shall not be affected
and shall remain in full force and effect.
17.5 FORCE MAJETIRE: Neither CONTRACTOR nor CITY shall be liable for the
failure to perform its duties if such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other similar or different contingency
beyond the reasonable control of CONTRACTOR.
17.6 ERIOR CONTRACTS: This agreement supersedes and replaces all terms related
to multi -family residential service in the agreement between the City of Tamarac
and Southern Sanitation, a division of Waste Management, Inc., dated August 26,
1987, and effective immediately, which agreement, upon the effective date of this
agreement shall be null and void and of no further force and effect.
17.7 : This agreement shall not be considered
fully executed or binding or effective on CITY until the same shall be approved
and accepted by the City Council of the City of Tamarac in an open meeting as
required by law and executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy
of the Ordinance as evidence of the authority of the person authorized to bind
CITY to the terms, covenants and provisions of this agreement and to perform the
same in accordance herewith. '
17.8 CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply with all laws, federal, state
and local. It is agreed and understood that, if CITY calls the attention of
CONTRACTOR to any such violations on the part of CONTRACTOR, its
officers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
17.9 : CITY shall have the right to conduct
periodic public meetings, to review and consider the performance of
CONTRACTOR regarding its compliance with the material terms of the
franchise, any amendments desired by CONTRACTOR, the need for any future
new services, and potential amendments to the franchise reflecting service
requirement changes based on advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be available to attend all
public meetings upon reasonable notice by CITY for concerns associated with the
Agreement.
wt
17.10 : Should the State of Florida, City, County, United States or
Federal agency, or any State or Federal Court, or any agency thereof require either
Broward County, City of Tamarac, or CONTRACTOR to act in a manner which,
affects or is inconsistent with any provisions of the Franchise Documents, CITY
shall be authorized to determine whether a material provision of the Franchise
Documents is affected in relation to the rights and benefits conferred by the
Franchise Documents upon CITY or the public. Upon such determination, CITY
and CONTRACTOR shall negotiate in good faith to modify or amend the
franchise to such extent as may be necessary to carry out the full intent and
purposes thereof in relation to the rights and benefits of CITY, or the public.
17.11 : CONTRACTOR shall provide the CITY with
a monthly notarized statement from an authorized representative of the
CONTRACTOR, certifying the accuracy of the monthly franchise fee payment.
CONTRACTOR shall provide the CITY with annual recap of gross receipts and a
summary of all franchise fee payments paid within the preceding twelve (12)
months (See Exhibit G).
17.12 TRANSEER ABILM OE CONTPACI: No assignment of this agreement or
any right accruing under this agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such concern of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
17.13 : This agreement shall be effective upon the execution of
this agreement and performance of this agreement shall begin on the
commencement date set forth herein.
17.14 LICENSES An TAXES: CONTRACTOR shall obtain all licenses and permits
(other than the license and permit granted by CONTRACTOR) and promptly pay
all taxes required by CITY.
Miscellaneous Provisions
18.1 EX: The Exhibits A, B, C. D, E, F, G, and H, Appendix I and
Appendix H are incorporated herewith by reference for all purposes as though
fully setforth.
18.2 PARAGRAPH HEADI&CIS: The section in paragraph headings contained
herein are for convenience and reference and are not intended to define or limit
the scope of any provision of this agreement
18.3 ENTIRE CONTRACT: This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
18.4 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
21
18.5 DES: Notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually received,
when deposited in the United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the respective party at the address set forth below:
Cal;
City Manager
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 722-5900
I►.r i PXKIW to)'
V W
w 1
UN999.7mygy,
11
With a copy to: With it con to:
City Attorney
City of Tamarac 3yaste-ManagemCIII Inc. of Florida
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 722-5900974-7500
48.6 The legal fees and other -expenses of the %prevailing party to
any litigation or dispute arising out of this agreement will -be paid by the other
pay.
18.7 The provisions of the
foregoing Articles 1 through 18, together with the following Exhibits A through
H, are intended by the undersigned parties to and shall constitute a binding
agreement between them. ,
18.8 : If any part, section, sub -section, or other portion of this
agreement is declared void, unconstitutional, or invalid for any reason, such part,
section, sub -section, or other portion, or the prescribed application thereof, shall
be severable, and the remaining provisions of this agreement, and all applications
thereof not having been declared void, unconstitutional, or invalid shall remain in
full force and affect. CITY and CONTRACTOR declare that no invalid or
prescribed provision or application was an inducement to the execution of this
agreement, and that they would have executed this agreement, regardless of the
invalid or prescribed provision or application.
18.9 GOOD FAITH: CM and CONTRACTOR agree to continue to work together
in good faith and to coordinate their efforts to maintain and improve the level and
quality of residential collection service.
22
ich
This Agreement shall be effective this the day of 912La&At 1"3, which shall
be the Commencement Date hereof.
ATTEST:
l �
— u
'!qyn P. Kelly, Cit)
ATTEST:
By:
Carol A. Evans
City Clerk
CITY OF TAMARAC
APPROVED AT MEETING OF
THE Cri rF LRAC, FLORIDA
By:
Mayor
Date: 3 — 2 a"
By:
John P. Kelly
(7 City Manager
Date: 3 - :50 -�
W
STATE OF FLORIDA
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that r executed the same.
WITNESS my hand and official seal this day of
NOTARY PPUBLIC, State of
?AUBLIC. S*E OF FLORIDA.
MY COMMISSION EXPIRES: JUNE 26, 19ft,
NONDED TMRY NOTARY FUSUC UNDERWRITtmM
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
(>O) Personally known to me, or
6X &'A-Y.23&,
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or V) DID NOT take an oath.
`W
ATTFCT-
STATE OF FLORIDA
COUNTY OF -b � a AL:SS
CORPORATION:
Contractor
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
w'¢' . �^"^' 1 to me known to be the person(s) described in and who executed the
foregoing instrument and ,L4,A_ acknowledged before me that executed the same.
SS my han an official seal this _,� day of
NO ARY PSOUC, State of
FIdrlda at Large d-W
gNIBEfU.Y J. t]I.A53
W COMrOMM / CC24M EV IRES
Ammy 2.1W
(Name of Notary Public:" rTM+urnor►rrwa wc.
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( V)LID NOT take an oath.
cc: John P. Kelly, City Manager
25
Bureau of Labor Statistics Data
Page I of I
Exhibit 2
ureau ' -a 'or,, Statistics Dataf E
Data extracted on: February 01, 2000 (11:03 AM)
Consumer Price Index -All Urban Consumers
Series Catalog:
Series ID: CUURA320SAO
Not Seasonally Adjusted
Area: Miami -Fort Lauderdale.. FL
Item . All items
Base Period : 1982-84=100
Data:
—ear an eb ar Apr 1MEFTu7nFTuT1 Hug ffeE] Fa"I 6 -------- J
115&S PT9 F" M.
® 11 60.2_ F607. F07. IL- /; 0 El
1161.4 LEI H!3
No data available for this
��Tear.
1,1egioniV - Atlanta [ionic Page
Data Home Page
BLS Home Page
Bureau of Labor Statistics
R4EA&I(a),b1s.gov
CPI increase:
from Sept. 97 to Sept. 99
163.2 - 158.5 = 4.7
4.7 X 100 = 3%
158.5
http://146.142.4.24/cgi-bin/surveymost 2/1/00
~Exhibit 3
T�MP. RESO. No.
6roward Solid Waste DlspoMal District
201 S. Andrews Avenue
Fort Lauderdale, FL 33301
9R *ARDCOUWY 964 766-4202 Ext. 270 • FAX 54 766.4237
*W&r ar r+w SOYA waft AAfed000n er MOM Anwnea's syshon bcafenm Awed
Resource Recovery Board
County MorrabeM Scott 1. Cowan • Kristin D. Jacobs • Ilene Lieberman • Lori Nance Parrish
City Members: John Coleman • Jim Naugle • Joe Scuatto • Jim Woidman • Michael Zeitchik
Tune 4, 1999
The City of Tamarac
Mr. Robert Noe, City Manager
7525 NW 88 Avenue
Tamarac, Florida 33321
Dear Mr. Noe,
On May 14 the CourWs solid waste compliance inspectors observed Reuter Rocycliug trash b2nsfer
trucks dumping solid waste at the District's north waste -to -energy (WTE) plant. Wheelabrator's
scalehouse receipts show that Rarter began disposing of its waste at the north plant on May 7_ The
receipts show that Reuter stopped this activity on May 25.
According to the County's Service Agrccrnag with Whee]abrator, the County bas the right to inspect
any load entering the plant. Therefore, the County's inspectors sorted through most of the solid
waste loads to determine an origin.
As shown on the enclosed load inspection reports, several loads cOntatined waste from IatcrLoca)
(ILA) Contract Communities. I have also attached the letters between the various parties involved
for your convenience. As an ILA Contract Corrmn>lnity, the CiVs waste roust be disposed of at a
Resource Recovery System facility (WTE plant). please advise your solid waste hauler that they
cannot dispose of your City's waste at any other fatuity.
Additionally, at the May 21 Resource Recovery Board meeting, the Board set the tipping for pisw
Year 2000. Effective October 1, L999, the tipping fee at the WTE bra hies wffl be S80.91 per
ton. I have attached the tipping fee calculation sheer.
Should yoVbave any questiom concerning these matters, please oallme at 765-4202, eadension 259.
Moss
ve Director
cc: Mark Greenspan, TAC Representative
SROWAm coUNff BOARD of COURN COMMMONUS — An F OPW*x *IY c and havi" C14ti AC"
NarMer. ACromow�rz 5ee1T I. COS SiaoMo N. 621asr fu IUiS}In 0• MOtA lWn! LlCbarmon Lon NpnCo Poxrisn JOhf7 E. RodfKom Jr.
V'dl us on Ow Inlrr W! www.0*jV*W WLw
Public Works Department
Office of Integrated Waste Management
�201 S. Andrews Avenue
l&%
BROWARD COUNTY Fart Lauderdale, FL 33301-1831
(954) 765-4202 - FAX 766-4237
July 28. 2000
Resource Recovery Customer:
Dcar Customer:
'111c Resource Recovery Board at Its meeting 01, May 19, 2000 approved the revised tipping fee
to be used for Processable Waste delivered to the two resource recovery plants effective with the:
Iiscal year be inning October 1. 2000: the per ton fee liar Processable Wasid will increase from
$80.91 to $82.24 per ton for the next fiscal year.
I I'yau have any questions concerning our rates for next year. then please call Martin Sherwood.
CCIFO.CPA. at 765-4202. extension 272.
Sincerely yours.
Mary l3cth 13usulil
Director
M 1313/bd
cc: RCSOLlrcc Recovery Board Fxceutive Director
'Fechnical Advisory Committee
Printed on recycled paper 0
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS --- An Equal Opportunity Employer and Provider of Services
Normon AnrUmowitz Scott 1. Cowan Suzanne N. Gunzburger Kristin 0. Jacobs Ilene Uebermon Lori Nonce Parrish John E. Rodstrom. Jr.
Visit us on the Internet: www.co.broward.fl.us/oiwm
i:: �' IiiYii•• YYYYYtlY/, .a7s:i
±11iaw- R n � �• Apl1\ ^NNM1I�
BROWARD COUNTY
Processable Waste
Board,,of County Commissioners
Broward County, Florida
Office of Integrated Waste Management
RESOURCE RECOVERY SYSTEM
SCHEDULE OF RATES, FEES AND CHARGES
(A.. of October 1, 2000)
WASTE -TO -ENERGY FACILITIES
$82.24 per ton
C[11 IT141A/GCT QCr'1nKi A l I A linen I
N
Non-Processable Waste
Construction and Demolition Material
rd Trash
Clean Mulch
Recycled paper Residue
$
$
$
$
$
50.00 per ton
20.00 per ton "
50.00 per ton
4.00 per ton
20.00 per ton
Trailers (mobile homes)
Boats and trailers
Tires (all sizes)
$ 10.00 per foot
$ 5.00 per foot
$1 10.00 per ton
Cars
$
2.00 each
Station Wagons/Mini Vans
$
2.00 each
Mini- or Mid -Size Pickup Trucks (6' bed or smaller)
$
50.00 per ton
Full -Size Pickup Trucks (bed larger than 6')
$
50.00 per ton
Weighing/Certifyin Fee
$
6.00 per official weight
Additional Service Hours
Actual Cost plus 15%
Emergency Service Hours
Actual Cost plus 15%
Special Handling Fees
As set by the Board of County Commissioners
Duplication of Weigh Tickets
$ 3.00 per ticket
Delinquent Fee (authorized credit accounts only)
1 % % per month of delinquent amount due
Dishonored Checks (authorized credit accounts only)
$25 on check up to $49.99; $30 on checks
between $50.00 and $299.99; $40 or 5%
(whichever is greater) on checks $300.00 and
above.
Reinstatement of Charge Privileges
$50 for insurance
$150 for Non-payment and Insufficient
Security Deposit
Form 450-0042 cAkas\forms\schedule of 2000 rates (811/2000)
Exhibit 4
TEMP. RESO. No..�,;
WASTE MANAGEMENT
3831 NW 21st Avenue
Pompano Beach, FL 3.3073
(954) 974.7500
(954) 974-8780 Fax
August 9, 2000
Mr. Tim Hemstreet
Assistant City Manager
City of Tamarac
7525 NW 88`h Avenue
Tamarac, FL 33321
Dear Tim,
Please find enclosed the rate matrix as requested for condominium solid waste collection
services. The schedule represents past adjustments approved but not applied as well as
the tipping fee increase scheduled by Broward County for 10/1/00. We have been
waiting for official notification from the county to provide as "back-up" (copy enclosed).
We have met with you and staff and have discussed several options available for bulk
pick-up and have put those options in writing to you for your consideration (see
enclosure).
Please advise if we can be of further assistance. We look forward to a positive reply and
to going forward with our agreements. Thank you.
Very Truly Yours,
7i�y
Tony Spadaccia,
Waste Management Inc. of Florida
Enclosure
CC: Phil Morris, Division Vice President
John Casagrande, District Manager
SOUTHERN SANITATION
City of Tamarac - Condos
(All Pricing Includes Franchise Fees)
NEW RATE SCHEDULE
Al MnTrn
11"rr v--w
EFFECTIVE: October 1, 2000 RATE: Variable PER YARD
. ti.
:�r� Z. 'LOOSE CFO�NT�NERIZED
COLT= S 1 C
:SIZE y " NCLU�DED ° 1X �' - h2X - ':�3X .� '�> 4X "� 5X.eX �.
2 CUBIC
$0.00
-------------------------
$88.60
---------------------
$171.44
---------------------
$254.23
---------------------
$337.03
---------------------
$419.85
---------------------
$502.66
YARD
W/O MAINT.
$88.60
$171.44
$254.23
$337.03
$419.85
--------------------
$502.66
3 CUBIC
$0.00
-------------------------
$115.55
---------------------
$225.18
---------------------
$334.80
---------------------
$444.44
$554.07
$663.71
YARD
W/O MAINT.
$115.55
$225,18
$334.80
---------------------
$444.44
---------------------
$554.07
---------------------
$663.71
4 CUBIC
$0.00
-------- ------------------
$143.47
---------------- -----------
$279.91
$416.37
$552.84
$689.28
$825.74
YARD
W/O MAINT.
$143.47
----------------
$279.91
-------------------
$416.37
---------------------
$552.84
--------------------- I
$689.28
---------------------
$825.74
5 CUBIC
$0.00
-------------------------
$172.56
---------------------
$337.50
---------------------
$502.39
$667.29
$832.23
$997.11
YARD
W/O MAINT.
$172.56
$337.50
---------------------
$502.39
---------------------
$667.29
---------------------
$832.23
----------------------
$997.11
6 CUBIC
$0.00
-------------------------
$198.42
L---------------------
$388.53
$578.63
$768.74
$958.83
$1,148.95
YARD
W/O MAINT.
$198.42
---------------------
$388.53
---------------------
$578.63
---------------------
$768.74
---------------------
$958.83
----------------------
$1,148.95
8 CUBIC
$0.00
-------------------------
$252.92
-----------------
$496.71
$740.44
$984.19
$1,227.96
$1,471.70
YARD
W/O MAINT.
----
$252.92
--......----
---------
$496.71
---------------------
$740.44
---------------------
$984.19
---------------------
$1,227.96
---------------------
$1,471.70
OPTIONAL COMMERCIAL SERVICES
CASTERS: $
ROLLOUTS: $
$
$
SPECIALS: $
per month
12.16 per month for short, easy rollout, 1 x per week.
12.16 per month for each additional day per week.
18.80 per month for long, difficult rollout , 1x per week.
18.80 per month for each additional day per week.
10.33 per cubic yard
COMPACTED RATES: $ 40.92 PER PICKUP PER YARD
ROLLOFF SERVICES:
$ 81.85
per pickup - 2 cu yds
$ 122.78
per pickup - 3 cu yds
$ 163.70
per pickup - 4 cu yds
$ 204.63
per pickup - 5 cu yds
$ 245.55
per pickup - 6 cu yds
TEMPORARY ROLLOFF WORK OPEN TO COMPETITION
0&09/2000 Tamarac Condon Oc100.xls
Southem sanawav-
City of Tamarac - Condos
Effective October 1, 2000
DISPOSAL RATE/TN: Previous $ 80.67 New $ 82.24 Incr (Decr) $ 1.57
Note: This Disposal Increase reflects a two year increase for October1, 1999 ($.24) and October1, 2000 ($1.33).
CPI: June to June/Ali Urban Consumers In the Miami -Ft. Laud Area 3.0% (Cap at 4.0%) FF 1
Note: This CPI reflects a two year increase for January 1,1999 and January1, 2000.
Rate Components: 01-Oct-98 01.Oct-00
Current CPI Disposal New Rate
Rate $,0% Incr Rate Ad)
Commercial Dumoster Service:
Loose Pickup:
Compaction: (Rate per Pickup)
2 yd
3 yd
4 yd
5 yd
6 yd
Casters per month
Short Rollouts (1x/week)
Long Rollouts (1x/week)
Specials per yard- Weekdays
See Attached Matrix
$
78.03
$
2.34
$
117.05
$
3.51
$
156.06
$
4.68
$
195.08
$
5.85
$
234.09
$
7.02
$
-
$
-
$
11.$1
$
0.35
$
18.25
$
0.55
$
10.03
$
0.30
$
1.48
$
81.85
$
2.22
$
122.78
$
2.96
$
163.70
$
3.69
$
204.63
$
4.43
$
245.55
n/a
$
-
n/a
$
12.16
n/a
$
18.80
n/a
$
10.33
$ 3.82
$ 5.73
$ 7.64
$ 9.55
$ 11.46
$ 0.35
$ 0.55
$ 0.30
08/0 000 Page 1 of t