HomeMy WebLinkAboutCity of Tamarac Ordinance O-1993-003.a
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Temp. ord. #_„l c
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-93 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND WASTE MANAGEMENT, INC., D/B/A
SOUTHERN SANITATION FOR RESIDENTIAL MULTI-
FAMILY WASTE COLLECTION; SETTING FORTH TERMS
AND CONDITIONS OF SAID FRANCHISE; PROVIDING
FOR REPEALER; PROVIDING FOR SEVERAEILITY; AND
PROVIDING. FOR AN EFFECTIVE
QATr
IWHEREAS, the City of Tamarac is authorized to enter into
franchise agreements with garbage and trash collectors; and
WHEREAS, the City Council wishes to grant a franchise to
Waste Management, Inc., d/b/a Southern Sanitation, Inc.for
residential multi -family waste collection.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY _OF TAMARAC, FLORIDA:
rl That a franchise is granted to Waste Management,
23 Inc., d/b/a Southern Sanitation subject to the terms and
t4 conditions in the attached agreement hereto and made a part hereof
IS as Exhibit "A• for a term to expire on December 31, 1997.
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�7 SECTION
All Ordinances or parts of Ordinances in conflict
!a herewith are hereb
y repealed to the extent of such conflict.
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If any provision of this Ordinance or the
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application thereof to any person or circumstance is held invalid,
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such invalidity shall not affect other provisions or applications
Of this Ordinance that can be given affect without the invalid
provision or application, and to this- end the provisions of this
Ordinance are declared to be severable.
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Temp. Ord. # UaZ )O
SFCTTa-N .6. This Ordinance shall became effective immediately
upon its passage and adoption.
PASSED, FIRST READING this /-3 day of 1993.
PASSED, SECOND READING this ®21f4 ay of 1993.
.L. BENDER
MAYOR
ATTEST:
ti x;
CAROL A . ' EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
ORDINANCE as to form. .
CITY
MULTI-FAM GARB COLLECTtSO.SAN)
RECORD OF COUNCIL VOTE
MAYOR _
„JMTJDER Qr
DISTRICT 1: —QV KAiZ
DISTRICT 2: -.V/M SQUUMANN—a-LWT
MISTRICTZ: N. §QHPgjBgcg
DISTRICT 4: C IM ABRAM0WMz)Z'1
11131 93
AGREEMENT
BETWEEN
1.1 atoow •
WPM
WASTE MANAGEMENT INC., OF FLORIDA
DB/A/ SOUTHERN SANITATION
FOR
FURNISHING
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
FEBRUARY 24,1993
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
WASTE MANAGEMENT INC., OF FLORMA
D/B/A/ SOUTHERN SANITATION
FOR
FURNISHING MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
This is an Agreement dated the 24th day of February, 1993, between THE CITY OF
I'AMAR.AC, 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").
WITNESSE'TH
In consideration of the mutual terms and conditions, promises, covenants and payments
-hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
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1.1 BTOHAZAR12OUS WASIL, 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 BUSINESS: 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 C12MOMINYUM: 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 CONSTRUCJJQN REDRT'9: 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 QUS'1,OMER: Any condominium or multi -family association or designated
representative of a condominium or homeowner organization that utilizes the
services of the CONTRACTOR.
1.9 DEAD ANIMALS: Dead animals shall mean any four legged, two legged, fur,
fin, feather livestock, household pet or otherwise.
1.10 J21BEOSAL SITE: 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 : 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 water and serve as
breeding places for mosquitoes and other insects.
1.14 SzARDEN AND LAWN TEAM: All accumulations of grass, leaves,
shrubbery, vines, tree branches and trimmings which are normally associated with
the care and maintenance of landscaping.
1.15 : All accumulations of paper, magazines, packaging,
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 planes.
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 EERMEMANCE Mn: 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 PRODYJCER: 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 : 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 RESIDENTIAL SERVICE (MULTI -FAMILY),. 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 $QLL-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 RUBBISH: 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 SCOPE OE 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 SERVTCE 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 WA51E: 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 SIMEII: 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.
1.30 WHITE GOODS AND FU]R]SITURE: Discarded refrigerators, ranges,
washers, water heaters and other similar domestic appliances.
1.31 : 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.
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ARTICLE
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 CM
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 C= 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.
ARTICLEZ
Fees/Revenues
3.1 STREET U5E 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 CTTY 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.
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3.2 MURF, 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 pEL2j0TTENCY_PRQVI_,,, SIGN: 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 (1%) calculation will be illustrated
as follows:
Prime Rate + 1 %/365 days= (D1R) 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 CRE,2IT: 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.
Term
4.1 CONTRA-CT_TERM: The term of this Agreement shall be for a five (5) year
od commencing on and including January 1, 1993 and expiring on December
p31,1997. Service shall commence no later than forty-five (45) days from the date
this contract is executed by both parties.
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4.2 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 RIFNEW : 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
These
that the total remaining agreement shall never exceed eight (8) years.
options are available at the sole discretion of the CITY, and if exercised by CITY,
CONTRACTOR sho required ed to agreement term. rovide the e services
CT� shy not have any
terms and conditions
obligation to exercise these options.
ARTICLE
Scope of Services
5.1 CON 'S :
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 CIY, except as specifically excluded in this Agreement.
5.2 W
- 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) : CONTRACTOR -shall -provide
mechanicaUcontainerized (dumpster) refuse collection service at least two (2)
times per week under this Agreement.
(c) : CONTRACTOR will also provide the
means to decrease container size if requested by CUSTOMER based on decrease
le
of =t,garbage
service level can described
e adjusted quarterlyland thereafter servicthe first e level ear may
he
contract, s
be adjusted no more than twice per year.
(d) 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) CQNJAINER LOCAIION - 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.
(1) • 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.
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(2) CONTRACTOR shall provide service Monday through Saturday.
(3) CONTRACTOR shall not make any waste. collections on a
Sunday.
(g) BULKY WA,, TEE: CONTRACTOR shall negotiate with CUSTOMER the
means to provide bulky waste pick-up.
5.3 CIZS112MER REQUESTED 3BIR12 12AY PTCKUP: CUSTOMER may
request additional garbage collection service in conformance with the rates
established in Article 9.
5.4 WA5TE 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 V : 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 C12LLECTION: 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 su long as such
amendments do not increase the cost of CONTRACTOR to provide the services
contemplated herein.
61 SEASONAL OUANTTTY FLUCTUATIONS: 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 STORM/DISASTER: 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.
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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 MISCELLANEOUS: 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.
ARTICLE 7
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 CTTY and approved by Broward County
(such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by
CTTY 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 .and 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.
ARTICLE S
Rates, Records, Billing
8.1 $AIES: 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.
E-3
(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) ;►he 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 : 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 personnel or
by an independent party 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 1RII.LING:
(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-PAX2= 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.
(d) Service shall be restored upon payment of account by customer.
CONTRACTOR may charge a service fee of $15.00 when service is being
restored after being disconnected for non-payment. CONTRACTOR may charge a
monthly late fee, not to exceed one 0 %) per cent of any past due balances in
excess of thirty (30) days. CONTRACTOR shall notify CITY of the
discontinuation of a customer's service, if such service is not restored within ten
(10) days.
(e) CUSTOMER DEROSTT$: CONTRACTOR may require a deposit not to
exceed twice the fee for monthly service. If CONTRACTOR is providing a
mechanicallbulk container to the customer, the deposit may not exceed the total of
the fee for two months service plus one hundred ($100) dollars for each yard of
the mechanical container capacity provided. All deposit schedules shall be
uniformly applied. If a customer's service has been discontinued for non-payment
twice in a twelve (12) month period, CONTRACTOR may require an additional
deposit equal to fifty (50%) per cent of the regular deposit. Customer deposit shall
be returned or applied to the final bill when the account is closed and service is
discontinued. Customer deposits shall be held in escrow by CONTRACTOR, and
any deposit not refunded to customer shall be transferred to the city upon
expiration or termination of the agreement.
8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and
CITY shall receive its franchise fee monthly within thirty (30) days after the end
of the month. CONTRACTOR shall provide CITY with its payment of the
franchise fee, a listing of all accounts for which no collections were received after
sixty (60) days, a listing of all collections and a listing of all accounts that are in
arrears over sixty (60) days. CONTRACTOR shall provide CITY with said
information on an annual basis from multi -family customers. CONTRACTOR
within sixty (60) days after commencement by a contract shall provide CITY
with:
(1) A list of all accounts by name and numbers.
(2) The total amount billed to each account.
8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route
within CITY without commingling trash/garbage with any other route (other than
CTTYS) and provide CITY with an accurate tonnage weight analysis.
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:ial.Ill-
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9.1 PENSAIJON, CONTRACTOR shall be paid the following sums for all
service that it provides within the CITY.
OPTION V. 17UMP5TE$ SEfIVIce ; M_ ULTI r;8MjLYICO,�;UO EEEVICE
MONTHLY SERVICE
Container
1x per
2x per
3x per
4x per
5x par
6x per
Size
week
week
week
week
week
week
2 cu. yds.
61.69
118.12
174.51,
230.98
287.41
343.85
3 cu. yds.
76.81
148.27
219.73
291-19
362.65
434.11
4 cu, yds.
92.32
179.31
265.80
352.29
438.78
525.26
5 cu. yds.
108.45
209.97
311.48
413.00
514.52
616.03I
6 cu. yds.
124.07
240.62
357.16
473.71
590.25
706.80
8 cu, yds.
15"1
301.52
448.12
594.72
741.32
887.93
(d)(1) OPTIONAL SERVICES: (up to 4 cubic yards per container)
(a) Casters: �^ C� c per month maintenance per container
(b) Rollout: S par month per container for short, easy
rollout, 1 time per week _
1 1 0 0,� per month for each additional day per
week
s�.1.3..it1L, per month for land. ditlicuft rollout time
per wook
--LIJa _ per month for each additional day per
week
(c) Unscheduled or special pickups
per uncompacted yard
(d) Compacted rates (Ratio 4 to 1)
go; "" 2 cubic yards per pickup
_ A 5 .4 cubic yards per pickup
1 1 3.9 6 ~ 4 cubic yards per pickup
-.1 4 7 49 5 cubic yards per pickup
0 17 9 4„` 6 cubic yards per pickup
*All Rates Are Inclusive of Franchise Fees
11
AR ICLE 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.
Contractor's Local Office
11.1 : Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized �managing1a
agent within Broward County and shall designate in writing
of execution of this Agreement the Ragent CTOR'S agent all
shall always constitute
be served
from CITY. Service upon CO
service upon CONTRACTOR.
11.2 HO]URS:
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
8:00 A.M. to 5:00 p.M. , local time, Monday through Friday.
11.3 STA !TNG: CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection .daysssd suffbe a appndanwith to
telephones, a local telephone number,
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, record all complaints, sune resolve
ay Ve all complaints in an expeditious
manner by the end of the next
Contractor's Relation to City
The relationship of CONTRACTOR to the
12.1 pe principal -agent CITY shall be that of an independent CONTRACTOR and no p � p gent or
employer -employee relationship between the parties is created by this agreement.
By entering into this agreement with CITY, CONTRACTOR ac boewledgacting es hat it
it
will, in the performance of its duties under this agreement,
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
of the
benefits and privileges of a city employee or officer under any provision
statutes of the State of Florida or ordinances of the City of Tamarac.
1= -� W : This agreement shall
not be taken or held to imply the relinquishment or waiver by CITYof 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 necessaryor 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
of the re requirements detailed of the rules and regulations adopted
n. Nothing herein contained shall
constitute a waiver o y q
17
by CITY, 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 CTTY'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 daring 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 -this agreement is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CTY 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
(a) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CTY and shall give the name or names to CTY; 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 EQIU tENT: 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 fifes and records shall be available upon
reasonable notice for review by CTTY.
12.7 VEHICITLARIDENTIFICATION: 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.
12.8 REGULATION OF COLLECTION CONTAj MRS: 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 a 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 HEA,LIFT AND SANITA_TIQN: 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.
Performance Evaluation and Monitoring
13.1 RIGHT TO INSPECTION: C= 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 parry 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 ti F • CONTRACTOR shall reimburse CITY for
all documentable, out-of-pocket costs and expenses incurred by CITY in
connection with the 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 FIJTIJRE PERFOEMANCE AND EV"ALUATTON
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 S 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, .vent 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 CM 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 CTTY 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 farm to provide necessary service.
13.6 PERFORMANCE Mn: 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.
ffq i a rn aIaIII*I altal)mw�i.Y•1;�►�•1►a i•JUz•�:•►5•..►tA
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 CM 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
ARITCLE 4
Default of Agreement
14.1 pEFAIILT gF CQNTEACI: If, in the opinion of the City Manager, there has
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 C='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 DES: Default by CONTRACTOR shall occur if CONTRACTOR fails to
observe or perform a material portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services under this Agreement
in the event of default by o.:ONTRACTOR and the failure by CONTRACTOR to
cure such default after receiving notice hereof. Should default occur, CITY 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 bate of termination, then CITY .may terminate CONTRACTOR'S
performance under this Agreement as of such date.
14.3 : 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 repprts 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. CITY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
17
(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.
i
s
(c) CITY may exercise its rights under Article 13.4 non-compliance by
CONTRACTOR in this Agreement.
ARTICLE 15
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 attorney's 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 gENEEEAL: 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, roMPENSATION 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.
f]
16.3 P
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 properry damage (except automobile).
16.4 AMMOBILE 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 : 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 SCOPE OF TNSURANCE: 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 Eby anyone directly or indirectly employed by
the insured. CITY shall be named a named insured on all of CONTRACTOR'S
insurance policies provided for herein.
16.7 LOCAL AGENT ME TNSURANCE AND: 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 CITY, 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 YENUF: 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 : 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 Parries hereto depends on the passage of time.
17.3 RIGHT TO REQUIRE PEREORMANCE: 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 : 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 FOECE MAJEURE: 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 PRIQR CONIRAcIS: 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.
Y7.7 : 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 COMELIANLE WITH LAWS: CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply %ith 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.
20
17.10 CHANGES LN LAW: 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, CTTY
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 ACCOUNTING STANDARDS: 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 IRANSFER ABILITY OF CONTRACT: 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 EFFECTIVE DATE: 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 AND 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.
A RTICLE_18
Miscellaneous Provisions
18.1 EXHIBITS: 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 EARAQRAPH READTNGS: 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 This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
baniavptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
21
18.5 NOTICES: 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:
cm:
City Manager Dennis ULhanski_ Division President
City of Tamarac and Generic Manaager
7525 Northwest 88 Avenue Waste Ma&aiement Inc. of Florida
Tamarac, Florida 33321-2401 WAvenUe
(305) 722-5900 Pompano Beacby Florida _ 11073,
4-
W W
City Attorney Iohn I Ray. Fsg.
City of Tamarac WarWacte Management
7525 Northwest 88 Avenue 3811 N.W. 21st Avenue _
Tamarac, Florida 33321-2401 Pompano Beach. Florida3 073
(305) 722-5900 4-
-18.6 ORCEMENI: .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.
189 GOOD FAITA: C= 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.
ZZ
n Was 9 n n
daig Southern SanitagoTl
for Furnishing 1 W
This Agreement shall be effective this the day of It 1993, which shall
be the Commencement Date hereof.
ATTEST:
r; (--::)
P. Kelly, City
ATTEST:
By: Ls"
Carol A. Evans
City Clerk
CITY OF TAMAFIAC
APPROVED AT MEETING OF �2 JA44 L9._
THE CITY T RAC, FLOREDA
By:
Mayor
Date: 3 ` Z �
9 3 L
By: �
John P. Kelly
City Manager
Date: -�
23
pp� roved
By.
City
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 executed the same.
WrINESS my hand and official seal this ; ' day of
NOTARY PUBLIC, State of
?rida Uat Laf&T
ARY P2 OF FLORIDA.
BLIC.
MY Cor„tdISSION EXPIRES: JUNE 26. 199t,
NdNOCG 7gRu N6rA1lr rvrua 4ND�]IwRlriRt
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
(� Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (X) DID NOT take an oath.
W,
199. � .
e�7 - ;1 3
rl 1 !• U -�
ON.!
r
.� .
ATTEST -
By:_ h
Seal)
05
STATE OF FLORIDA
:SS
COUNTY OFUa.��,
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
- u'-4 5" Sw Z. WIf ' to me known to be the person(s) described in and who executed the
foregoing instrument and �—"j acknowledged before me that V4-a executed the same.
:ZISSmy han any official seal this __I day of
NOYARY PUPB C, State of
F1 nda at Large MEMYJ. WW
�s aK W cOLVALar 0 ccz4M MIS
S
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
Type of LD. Produced
( ) DID take an oath, or ( V*,�ID NOT take an oath.
cc: John P. Kelly, City Manager
ZS
i
-FFf
it "'11 i ••s'! 9 1 _ -ts - _ 1/e1'11! ff�w
LIST OF EXHIBITS
Exhibit "A"
- Service Area
Exhibit "B"
- City's Noise Ordinance
Exhibit "C"
- Contractor's Certificate of Insurance
Exhibit "D"
- Performance Standards
Exhibit "E"
- Equipment Inventory
Exhibit "F"
- Performance Evaluation Plan
Exhibit "G"
- Books and Records
Exhibit "H"
- City Information
Appendix I
- Performance and Payment
Appendix II
- Bid Bond
F.
1 rl 1 1 U 7a WTI-ITI.1 _ 1 1►1 : uI Y'
SERVICE AREA
(see Attached Map)
27
• ■1 1 1 ' �
e 11
-
Sec. 9-86. Generally. ises in the city is prohibited
The creation of any unreasonably loud, disturbing and unnecessary no
Noises of such character, intensity and duration as to be detrimental to the life or health of any
individual or in the disturbance of the public peace and welfare are prohibited.
(Code 1975, § 16-1)
*Cross references --Code enforcement board jurisdiction, § 2-71 et seq.; buildings and building
regulations, Ch. 5; streets and sidewalks, Ch. 20; subdivisions, Ch. 21; vehicles for hire, Ch. 23;
zoning, Ch. 24.
Sec. 9-87. Prohibited acts enumc-ated.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises, and
noises in violation of this article, but this enumeration shall not be deemed to be exclusive:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus orother vehicle
while not in motion, except as a danger signal if another vehicle is approaching apparently
out of
control, or, if in motion, only as a danger signal after or as brakes are being applied and deceleration
of the vehicle is intended, the creation of noise by means of any such signal device for an
unnecessary and unreasonable period of time;
(2) The playing of any radio, phonograph or musical instrument in such a manner or with such
volume, particularly during the hours between 11:00 p.m. and 7:00 am., as to goy or disturb the
quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of
residence, or of any persons in the vicinity;
(3) Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the
hours of 11:00 p.m. and 7:00 a.m hospital,at any d time
photel or any other so as to annoy or disturb
of res residence, or of any
t. comfort
or repose of any persons in any
person in the vicinity;
(4) The owning, possessing or harboring of any animal, bird or fowl which barks, bays, cries, howls,
meows, squawks or makes other noise on more than thirty (30) occasions within a period of twenty
(20) minutes so that the noise emitted by such animal, bird or fowl is audible etof person
preen of ordinary
on
sensibilities at a distance of one hundred (100) feet from any property
which the animal, bird or fowl is located, or is audible to a person of ordinary sensibilities located
within a residential dwelling unit, regardless of the distance that such dwelling unit is located from
the property line or the premises upon which the animal, bird or fowl is located; it shall be an
affirmative defense to any charge hereunder that such animal, bud or fowl was emitting such noise
in response to an intrusion upon the premises by any person;
(5) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such manner as
to cause loud and unnecessary grating, grinding, rattling or other noise;
(6) Tile blowing of any steam �whistl� c� f � oed to r Y��° oupon'tirequest except
f proper city officialve notice of s
time to begin or stop work, o g.
28
stationary internal -
oh a muffler or other device
(7) The discharge into the °Pole or motorboat engine, except tthrou� engine,
16-2: Ord. No. 90-
combustion engine, motor vela
which will effectively prevent loud or explosive noises therefrom. (Code 1975,
21, § 1, 5-23-90)
Sec. 9-88. Exemptions.
of rohibition of sections 9-86 and 9-87 shall be applied to or enforced against the
None of the terms p
following:
while engaged
ed in necessary
�) Any vehicle of the city g g public business; ,county or the
2 Excavations or repairs of bridges, streets or highways
gc nven'bencerroender it irapossiblebehalf of the tto perform such
state dig the night, when the public welfare an
work during the day:
(3) The
reasonable use of amplifiers or loudspeakers in the course of public addresses which are
noncommercial in character,
ing to golfers of danger n electrically amplified siren system for use as a warn
lignearby
htning
from
li htning activity, when located on the grounds of a golf course, and when the following guidelines
are utilized:
Inc., and installed by a
a. The siren shall be a system approved by Underwriters' Laboratories,
trained and licensed electrician, after appropriate permits are obtained.
b.-The loudspeakers for such system shall not be located within two hundred (200) feet of
any hospital or -private residence.
c. The siren's signal shall be manually_ activatedol�tlyireat of ligh�� activ tY �oindicated
lf course
manager or his designee and only when an imminent Y
by atmospheric conditions or broadcasted meteorological reports.
d. The following United States Golf Association recommended signals shall be used.
'Three (3) short consecutive notes of siren, repeated for a period not to exceed
Discontinue play-
thirty (30) seconds in any fifteen -minute period.
(1) prolonged note of siren, repeated far a period not to exceed fifteen (15)
Resume play --One
seconds in any fifteen -minute period.
standardized signals and their meanings shall be prominently displayed in the clubhouse and
These .
at the first tee to inform all golf players warning siren, a permit from the building department
e. prior to the installation of a lightning council. The fee
be obtained. A pernut fee shall be set by resolution ef Lunen to ensure the proper unctioning
cover the
'� coons by the building p
initial and subsequent yearly inspections
vention of the
of the siren system.or in f. Any operation of the siren system without
a violation. violation
shall subject the
standards enumerated this subsection shall dollar fine. The third violation
owner of the property on which the siren system is located to a fifty -
within a calendar year shall be grounds for revocaticouncil on
measures f a r are being takentoto eliminate the
demonstrate in a hearing beftion of thee, the ysiren system•
incidents of unwarranted opera
(Code 1975, § 16-3)
Sec. 9-59. Radios, other devices casting sounds upon public places.
29
It shall be unlawful for any person to maintain and operate in any place or on any Premises in the
city any radio or other mechanical musical instrumentordevice of any kind, whereby the sounds
therefrom are cast directly upon public streets and places.
(Code 1975, § 16-4)
Sec. 9-90. Hours of operation --Outdoor amusements.
It shall be unlawful for the owner of, or any person employed at, any place where an outdoor
amusement is operated, to operate or conduct such herefrom shall disusiness between rb the peace hours from and quiet of
6:00 a.m. of each day, whereby noise emitting
inhabitants or occupants of any occupied building.
(Code 1975, § 16-5)
Sec. 9-91. Same —Noisy businesses, work, etc., generally.
usiness or
It shall be unlawful for any person to perform enothehours of 8:00 am. and fi 00 P.M or to operate or atba location
enterprise in the city on any day, except between emitted
so close to inhabited dwellings, apartments or hotels tal tome health. Peace and quiet of any
such business or enterprise shall disturb or be
occupants thereof. if any emergency exists, nrequitable for the same not to be operconditions with reference to the ated during the
business are such that it would be unjust and q
prohibited hours, upon application made to the chief of police and after an investigation has been
made by him, he may issue a permit authorizing any business to operate for only a limited period of
time because of such conditions.
(Code 1975, § 16-6)
-sec. 9-92.-Same_Fflling stations.
rson employed at any gasoline idling station located
It shall be unlawful for the owner of or any pe house or
within three hundred (300) feet of any inhabited dwelling,
li 00a.m. of each day�wherebyelou or
en
carry on or conduct any business thereat from 1 p
disturbing noises are caused thereby.
(Code 1975, § 16-7)
Sec. 9-93. Same —Tennis playing.
(a) Restriction. It shall be unlawful for any person to engage in or permit the playing or
practice of tennis on a court which is located o � detnty and close to 'inental to the health, peacor e quiet of any
so that
the noise emitted from such games disturbs
occupants thereof, during the night hoursafter 3 local timed the lights illuminating such tennis
9:30
courts shall be extinguished not later than P.m
(b) Exemption. Any tennis court which is owned or operated by a condominium association,
a homeowners association, a golf club or
or pecraw of a tennis
is court furnishes proof ted from this to the city
(c) Special exception. Y the
council that all neighbors within ar the of thre vening uafterd g � p 1 tennis then the operation of the tennis court f exce tion such tennis court.
proof the council shall exempt by a specialP
(Code 1975, § 16-8)
We
e
.
-r- 1#14i
Jrvu M rr .. Cn
CONTRACTOR'S CERTIFICATE OF INSURANCE
wrci.n. CERTIFICATE OF INSURANCE°��^'�°^
IRgalI�11 _ 1 / 01 / 9 2
_ TNIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NEAR N O A T n I N-SU R A% C F A G C r. C Y NO RIGHTS UPON THE CEATIFICATE HOLDER, THIS CERTIFICATE DOES NOT AMENS
e75 1.0n7n FICnIGaN AvEr:L•E bSTEND OA ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
C h I c—;; o f I. t f— 11 COMPANIES AFFORDING COVERAGE
C'h R�[N YA
.-.LONTINENTAL CASUALTY CCMPANY
awwia 7;..T: ~.-iaTT+$Or.37Z/Z8:1-S::C LLETTERYB
SOUTh-EAN SAAITAT+CN SERVICE 6aMPANY� — T
A 01*1 SiFVZCF. CEr.TE& L[rT[A
3331 r:.r. 21ST AYEhUE,
POMPANO EEAChr FL 33073COANY
�--•.--_
LET ER E
..r THIS I$ TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERloo
INDICATED. NOTWITHSTANOINO ANY REQUIREMENT, TERM OR CONDITION
CERTIFICATE MAY BE ISSUED Op MAY PERTAIN THE INSURANCE
[XCLUSIONS AND CONCITIONS OF SUCH POLICIES.
OF ANY CONTRACT CA OTHER DOCUMENT WITH AESPECT TO WHICH THIS
AFFORDED BY THE POLICIES DESCAIBED HEREIN IS SUBJECT TO ALL THE TEAMS.
LIMITS BHOWH MAY HAVE BEEN AEOUC[D BY PAID CLAIMS.
30 TTK w MISUNAX" POLICY RuYaeA
POLIO► eFFeGTWe POLICY ZZ MATIOR
OATASMM=myl BATBrvMIOWM ALL Lmn milqul=
soon LAa11111TT
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f x ANY
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1/u1/+72 1/01/95IMIT t
LIMIT 50000
oramm lla AUTOS
M�r t
X Nom AUTOS
o1w P.M"
A rrAow.IeO AUTOS
aOOLT
INJURY a
•APA" LMJIHTY
(PM aw.AMq
2=11100 LLAAA.RT
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•summon IA a aaATIORAtigeyTnMwc/aaLaAlAPeaAI
r _ _
TALL OPEAATIOCS AND THE
EGUIP!tEMT OF THE INSURED
PM—IF►cArB HOLD[Ir 4G1 Z.
cANc &A Ancm
' C I T t Q i T A v A C 4 C
•- BHDULD ANY OF THE ABWB DIESCA189D POLICIP.B BE CANC[LLED BEFORE THE
7HEA[OF.
T� OAT[ TH[ ISSUING COMPANY WILL END[AVOR TO
I T A M A w A C• F � � j j Z 1
UAL.- C4DAYS WArrM" NO-C' TO THE CERTIFICATE HOLDER NAMED TO TH[
LOT. BUT PALURE TO MAL SUCH NGTIC[ SHALL IMros[ ND OSLI4ATION
OR
LIABLRY DIP ANY KING UPON THE COMPAFry, TTB AGENTB CA R[PRESENTATIVES.
1
A'JlMOAIaeB A[PlraBaNTarnra
25, nTTBBI
.
4COg0 CARP ATI 1Ba!
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31
i
,W
CITY OF TAMARAC
PERFORMANCE STANDARDS
1. Multi -Family Residential Container Collection
(a) Container Sizes available: Based on General Industry Standards.
(b) Schedules Available: Two times a week, two or three days apart.
(c) Hours of Operation: See Section 9.86 through 9.91 of Tamarac City Code
(Exhibit B ).
(d) New Service: A listing will be maintained in the Yellow Pages.
(e) Blocked Containers: If access to a container or the equipment is blocked to
prohibit the collection or interfere with collection in any manner, customer will be
notified and one additional attempt for collection shall be made by the Company's
vehicle within a reasonable time period.
(f) Overfilled -Containers: Container will not be emptied if a safety hazard exists.
Customer will be contacted to remove excess. The pickup will be rescheduled
when excess refuse has been removed.
(g) Container Maintenance: Containers that have been damaged will be exchanged or
repaired within 5 working days of notification. If the damage is not due to
servicing or a defect in materials and workmanship, a fee will be charged to the
customer. The amount will depend on the repairs needed. All containers will be
exchanged or maintained at no greater than 24 month intervals to maintain a good
appearance considering type of refuse generated, normal wear and weathering. If
an unsightly condition develops due to fire, paint or other causes beyond the
control of the Contractor, the container will be exchanged upon the request of the
customer.
(h) Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers.
(i) Weight: Customer shall not overload containers in excess of the acceptable
industry standards. Contractor may charge customers for extra trips or waiting
time caused by such overloading. If customer refuses to remove such material,
contractor may remove such material.
32
2. General
(a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday.
(b) Holidays: Christmas Day. Pickups scheduled for this day will be omitted-
(c) Weather permitting, all vehicles used by the Contractor shall be washed one time
per week,
(d) The Franchise Collector shall preserve all public property in the CM from
damage due to CONTRACTOR'S negligence in the performance of collection
services. This applies, but is not limited, to the public utilities, trees, lawn areas,
building monuments or markers, fences, pipe, and underground structures, public
streets, (except natural wear and tear of streets resulting from legitimate use
thereof by the franchise collector), and wherever such property is damaged due to
the activities of the Franchise Collector, it shall be restored, within a reasonable
period of time to, its prior condition by the Franchise Collector at its own
expense. The franchise collector shall act in good faith.
33
r
Serial No-
7S--V-I-ff
N
O
EQUIPMENT INVENTORY FORM
Date. of
em Des- r-ido Pur-� se
-2K144C7JM001489 2'28
1MrK156CXLM002129 235
1m2K191CXNM003776 284
1988
MACK
F.E.L.
MAY
FEB
1988
1990
1990
1992
MACK
HACK
F.E.L.
F.E.L.
JM
1992
3y
Months
in Se=Lce
59
38
10
e
f111ti+Family W
E "FV$
City of Tamarac
PERFORMANCEICOMPLIANCE CHECKLIST
Submi ii n
1. Contractors Work Plan on Document(s)
that show how the Company intends to
�
satisfy the conditions of the agreement.
2. is with Article 12.3 of thmaintained
agreement?rdance -
3. Is Labor Force provided?
ed
4. ollowingas insuran CONTRACTOR asrequired in the
16 of the agreement?
Comprehensive General Liability --
Workers' Compensation
Automobile
Excess Umbrella
5. Has CONTRACTOR properly identified
vehicles and equipment as required in
Article 12.6 of the agreement? — �'-
6. Has the CONTRACTOR paid the City
all reimbursable costs?
7. Has CONTRACTOR supplied the CITY
with the required Performance Bond,
Letter of Credit or.other Bond? �—
g, Reference list provided and verified by
review? ~—
g. Is the inventory or Equipment available
for review?
ation of authorized
10. representative?
eenand local address? —�-
35
r
- 11 / 1 T-Me
: r/ r
E=II "G.,
BOOKS AND RECORDS
Submission(s) YM
1. Annual Report of CONTRACTOR by a
CPA.
2. Is there evidence of good management
controls?
3. Are there bank references?
4. Are federal taxes satisfied? -
5. Gross Receipts:
b. Accounting Standards - In Conformance
with Article 17.11: CONTRACTOR shall
provide the CTIY with a monthly notarized
statement from an authorized representative
of the CONTRACTOR certifying the
accuracy of the monthly franchise fee pay-
ment. CONTRACTOR shall provide the
CM with annual recap of gross receipts
and a summary of all franchise fee payments
paid within the preceding twelve (12) months.
W.
Agreement Between City of Tamarac and Waste Management Inc, of Florida
d/b/a/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
CITY INFORMATION
1.
(a) Population: 46,000 (Final 1990 Census)
(b) Geographic Area: Approximately 12 square miles
2. j,IMS SE$VED
The City certifies that the units shown below are being serviced as of October 1,
1992.
(a) Residential service 13. 9� 91 * Accounts (Single Family Homes)
(b) Container service 8.545* Accounts (Multi -Family Units)
*The above units served is based on a July 16, 1992 household count. These unit counts
are subject to increases based on new developments and annexation.
37
• BOND NO. 5736003
Agreement Between Clty of Tamarac and Waste irianagement Inc, of
k1orida
d/b/a/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
12
PERFORMANCE AND PAYMENT BOND
I. BY THIS BOND, We SOUTHERN SANITATION SERVICE. A DIVISION OF
WASWASIL MANA NT INC. OF FLORIDA
hereinafter called the "Principal." and SAFECO INSURANCE COMPANY OF AMERICA
surety insurer(s) authorized to do business in the State ok Florida,
hereinafter called the "Surety" or "Sureties", are held and firmly bound unto the City of
Tamarac, BROWARD COUNTY, FLORMA, hereinafter called the "Owner". in the sum
of Two Hundred Fifty Thousand and 00/10O Dollars----------------""'"---
($250,000.00-------) for payment of which we bind ourselves, our heirs, our
personal representatives, our successors, and our assigns, jointly and severally.
IL WHEREAS, the Principal and Owner have reached a mutual agreement as of
March 1 1993 (the proposal award date for projects subject
thereto. said agreement being hereinafter referred to as Franchise Agreement) for the
purpose of provision of solid waste collection services for Franchise Agreement
Collection being part of this bond by the reference.
III. A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF
1. Shall faithfully perform the Franchise Agreement at the times and in the manner
prescribed in said Franchise Agreement; and
2. Shall promptly make payments to all claimants as defined in Section 255.05(l).
Florida Statutes, supplying the Principal with labor, materials. or supplies, as used
directly or indirectly by Principal in the prosecution of the work provided for in
the Franchise Agreement; and
38
3. Shall pay Owner fur all Iosses, damages. expenses• costs, and attorney's fees.
including those resulting from appellate proceedings, that Owner sustains because
of a default by Principal in contravendon to the Franchise Agreement; and
4. Shall perform the guarantee of all services furnished under the Franchise
Agreement for the time specified in said Franchise Agreement; then this bond is
void; otherwise this bond remains in full force and effect_
M. B. BE IT FURTHER KNOWN:
1. Any changes in or under the Franchise Agreement and compliance or
noncompliance with any formalities connected with the said Franchise Agreement
or alterations which may be made in the terms of the said Franchise Agreement.
or in the work to be done under it, or the giving by the Owner of any extension of
time for the performance of the said Franchise Agreement, or any other
forbearance on the part of either the Owner or the Principal to the other, shall not
in any way release the Principal and the Surety or Sureties, or either or any of
them, their heirs, their personal representatives, their successors or their assigns
from liability hereunder, notice to the Surety or Sureties of any such changes,
-alterations, extensions or forbearance being hereby waived.
2. Certain claimants seeking the protection of this bond must timely comply with the
strict requirements set forth in Section 255.05, Florida Statutes, and as otherwise
provided by law.
3. As concerns payment for labor, materials and supplies, as effects certain
claimants, no legal action shall be instituted against the Principal or the Surety or
Sureties on this bond after one (l" year from the performance of the labor or the
completion of delivery of the materials or supplies as is specifically mandated
pursuant to Section 255.05. Florida Statutes.
39
TMS BOND DATED THIS 3rd DAY OF
March 1993
gANITATION SERVICE A
VISION OF WASTE MANAGEMEN..INC-
PPJNCY
ATTEST:
IZ&TO �A�
WYTN�RSP AS/T0 ALL
BY:40* -. (SEAL)
Authorized Signature (Pr* cipz l
Dale B. Tauke, Assistant 5ecreta.ry
BY:
Susan C. WustrA> Assistant Treasurer
he contror > the
ont ined in they conthract tj is imi�9r e
NotwiT�hstandin anginc pal an surety unI �r i9 ton ecemirbe covered
liabi icy of t �e contract from A ri
4riginaa term o 1 b tse surety.
An extensions on�ynewa sconsentedetorincwritingrbyt a
uayder t
40
Agreement Between Clty of Tamarac and Waste Management Inc, of Florida
d/b/a/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
ILLINOIS
STATE OF RXWMA )
COUNTY OF HEONA20 )
DUPAGE
I HEREBY CERTIFY, that on this 3. rd day of March
19 93 , before me personally appeared bale B. xauke
and Susan C. Nustra to me known to be
the person(s) described in and who executed the foregoing instrument, and acknowledged
the execution thereof to be a free act and deed for the uses and purpose therein
mentioned.
WITNESS my hand and official seal the date aforesaid.
[cN'rr,�1Q1�31�3 Notary Public. State Of
Rebecca. R. Furs ILLINOIS
My Commission Expires 10 / 23 / 93
ATTEST: SURETY OR SURETIES W= mm0m MAW of XMUJCA
(Printed Name)
01w
A
ti
WPI'lMSS AS TO ALL
CO SIGNA
eor r
Ftor Residen
BY: (SEAL)
Authorized Signaturc(s)
(Surety or Sureties)
Linda M. Makdah..Attorn -in-Fact
BY: (SEAL)
As Attomey i Fact
B
Karen E. ogard, ttorney-in-Fact
41
Agreement Between CIty of Tamarac and Waste Management Inc.. of Florida
dlbhJ Southern Sanitation
for furnisliing Multi -Family Solid Waste Collection Services
ILLINOIS
STATE OF =3MM }
COUNTY OF BROMPMDUPAG}
I HEREBY CERTIFY, that on this 3r.—.. day of March
19„93, before me personally appeared Linda M. Makdah
and Karen E.—Bogard
to me mown to be the person(s) described in and who executed the foregoing instrument,
and acknowledged the execution thereof to be a free act and deed for the uses and
purposes therein mentioned.
WITNESS my hand and official seal the date . foresaid.
� P- A
" C . r t C�I A ! S `A L r* ° Notary Public, State of 4 RE=rCCA R. REN!",AERS
s ' ^ r pabecra & Fz=ers ILLINOIS
e rVOT„„Y FUKIC, STATE OF ILLMOIS 10/23/93
fAY Commiss:cn Expires 10/23/93 My Commission Expires:
42
0
1
i
r
® POWER MP
GENERA INSURANCE COMPANY ON AARICA
GENERAL INSURANCE COENY OF AMERICA
OF ATTORNEY EEA �NP85
�J T . WASMIWON081
No. 9145
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington
corporation. does each herobv appoint
■■■■■■KAREN E. BOGARD; DONALD S. HAUFE; LINDA M. MAKOAH; MELISSA M. NEWMaN: REBECCA R. RENMERS,
Dakbrook, III InDIGerraeeeeeeeeererrrrreeeeeeeeerereeeeeeeeOeeaeeeeeeeeeeOeeeeeOeererreeeee�ree■
its true and lawful attomey(s)—in—fact. with full authority to execute On its behalf fidelity and surety bonds or undertakings and other
docurnentS Of a $mlar character issued in the course Of Its business. and 10 bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and DENERAL INSURANCE COMPANY OF AMERICA have each
executed and attested these presents
Jib nisary
STATE OF
COUNTY OF DuPaze
On this 3rd day of March
Linda M. 19�. before true personal I aPPea red
Fact of known .to •Ime to -be the --Attorney- In-
SAFECO TNSUFiANf'.F rntu-e �.,t, ,,., . _ __
executed the within instrument, and acknowled • the corporation that
the same. ged to me that such corporation executed
IN WITNESS WHEREOF, ! have hereunto set my hand and affixed my official seal, at my
Office in the aforesaid county, the day and year In this certificate fir
"OFFICIAL SEAL" first above written.
ALISON M. MONACO
NOTARY PUBLIC, STATE OF ILLINOIS
My Commission Exp!res 8/10/44
the sagnatta.--Notary Public) .
-------------- ------------ ---- -- -- -
L It A. Pierscim Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of OQVERAZ'iF GR�iQt�tyenNrw...•...____w�, _ __
do hereby certify that the foregoing extracts of the BY -Laws and of a Resolution of the Board Of Directors Of those corporations. and '
of a Power of Attorney issued pursuant thereto, are true and correct. and that both the BY -Laws, the Resolution and the Power of
Attorney are still in full force and effect.
IN WITNESS W MCF, I Novo heretetto set my hand and affixed the facsimile seal of said corporation
INS 3rdday of March 10 93 .
A�
347NEP v07 / �% Regi3tered L/aderoMt Of SAFECO Corporation.
0
Agreement Between City of Taunarac and Waste Management Inc., of Florida
d/b/a/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
P EN1)IX II
BID BOND
KNOW ALL MEN BY THESE PRESENTS, THAT WE SOV m:y 5AMT'ATZCN SEMCE, A DMSICK OF
WPM MAMC. OC. MC. OF F71 unhip-
-m n inSfiGr C3lIGd t1YL� In pal)and SAFECO INSURANCE
krra
(called the Surety). a corporation chartered and existing under the laws of the State of
�Washin¢ton " WM its principal officM in Ux City of Seattle
to do business in the State of Florida, are held and fumly and unto tha Cif of T aztd authari ,
in the full and Y ��. Florida,da
Ji=sum Of Ten Thousand and 00/100---------------_ _—_—
Dollars $10 000.00----___ -Thousand
flood and lawful money of the Unimd State of r_�America, to be paid
"n demand of the City of TAmarar Flurida. to which paymer.: •-: ill and truly ba made, we bind
ourscives. our heirs, executors, adejtd_ttrators, succaq Irs, and assigns, jointly and severalland
tumly by these pr=na. y
WHEREAS. the Principal is about to submit, or has submitted to the City of Tamarac. 37,;,
a Proposal for the collection of solid waste in the City of Tamarac.
LVHEREAS, the Principal desires to file this Bid Bond in accordance with lava, in lieu of an
. p:1 Ie Proposer's Check otherwise req
uired to acoorapaay the Prop=L
NOW, THEFLEFOIFE Tha conditions of this Bid Bond arc such that if the sal is accepted
by the City of Tamaracrinc
. Florida, and if the Pipal shall» witliproirt urn (la) days after the date of
receipt of written Notice of Award. execute (in the form and manner squired by the City of
Tamarac, Florida), a written contract is accordance with the Proposal upon � ��. �,�riQitiQr$
and price set forth therm; together with ex=ting a Perfonm2DM and Pa ;;:
Bond is void, other'�rise this Bid Bond remains in full force and effett � the Suretythesi�T (upon
future of the Principal to comply With My and aH of the tore oiri ( P
Specified) immediate! g 3 requirements within the t�:��t
Y pay to the aforesaid City, upon demand, the amc,;:
Bond in good and lawful money of the United Stares of America, •" cured by this Bid
43
iFES BOND DATED rrnS 7t. h DAY OF August 19 92
PRINCIPAL k � � vr. LC. OF ff0ktA
A== (Printed Nuae),
Jh 11 rrr2
WtTNESs AS TO ALL
WTTN ESS"AS TVALL
STATE OF ILL=
COUNTY OF ERx3wj= j
DUPAGE
e'er
B
David L. Kopp.
�Nf51cretary
. v (SEAL)
fist,Tp ecretary
I HEREBY CERTIFY, that on this 4 tt h day of August
19 92_ . before me pe=n&ly SppC=d Dale B. Tauke
and David I. Kopp to Me known to be the
person(s) described in and who executed the foregoing instrument, and acknowledged the
execution thereof to be a free act and dead for the uses anri purpose therein mentioned.
WrrNFSS ray hand and official seat the data aforeszid.
:s•`r•r i is ` 'iL . 'r'r .r
Ny Ccnmiss cn Ez;,:rt: ldlZ:tla3v 11 Kota ry Rubitita of �li`XgC
VVVVVVVMy Commaission apices 10 / 2 3 / 9 3
■ a a a* a a a a a a
ATTF,ST: SURETY OR SURE= SA= nWAUM C2iPW of 9,01CA
WITNESS AS TO ALL
ESS AS TO ALL
(Printed Name)
BY; (SEAL)
Autt=chud Sigtsarure(s)
Lin a(H. B lga�s. rk
y-in-Fact
BY: (SEAL)
As Attorrsay. aet
Karen E. Bogard. Attorney--in-Fact
44
Page 2 of 3
W7iTl./.Ar�� �►`r ids A� FLrA'1T
.agreement Between CIty of Tamarac and.for
furnishing Residential Solid
Waste Collection Berries
ILLINOIS
STATE OF EMRMA )
COUNTY OF ZROWWW)
DUPAGE
I HEREBY CERTIFY. that on this 4th day of August
1992 before me personally appeared Linda M. Sultas
and Karen E. Bo and
to me known to be the person(s) described in and who executed the foregoing instrument:
and acknowledged the execution thereof to be a free act and deed for the uses and purposes
therein mentio e&
Wm;MS my hand and official seal the date afotzsaid.
"OFFICIAL ai`.:►L"
el REBECCA R. R"c''.I. ,IERS
G�l
i NOTARY PUBLIC, STATEGF (lLi.1015 = otuY Public, Slate of ii7B
i My Commission Expires 10123/93 Rebecca R. 1�ers ILLINOIS
My Commission Expire= ,1012 3 [ 9 3 _
COUNTERSIGNATURE:
Geor L. Fre
Floc da Residen Agent
Page 3 of 3
POWER SAitt. L11NSUHA.ri_t LU1117.7 yP AMtH-CA
�►_ OF ATTORNEY HOME
EpOANCE COMPANY OF AMERICA HOME OFF FICEICEINSSAFECO PLAZA
/�
SEATTLE. WASHINGTON 98185
SAFECO
No. 9145
KNOW ALL BY THESE PRESENTS: •
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA.each
a Washington corporation. does each hereby appoint
------------------KAREN E. BOGARD; DONALD S. HAUFE; JILL S. RYAN; LINDA M. BULTAS;
REBECCA R. RL1424ERS; Oak Brook, Illinois ---
its true and lawful aitorney(s)-In-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character Issued in the course of Its business: and to bind the respective company thereby
IN WITNESS WHEREOF. SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this Sth day of July . 19 90
CERTIFICATE
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
""Article V, Section 13 -- FIDELITY AND SURETY BONDS the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint Individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character Issued by the company in the course of Its
business On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile On any
Instrument conferring Such authority or an any bond or undertaking of the company. Ine seal, or a facsimile thereof. may be
impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking -
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(I) The provisions of Article V. Section 13 of the By -Laws. and
(III A copy of the power -of -attorney appointment, executed pursuant thereto, and
(its) Certifying that said power -of -attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof
1. Bah A Dickey. Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the ay -Laws and of a Resolution of the Board of
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct. and that both the
By -Laws. the Resolution and the Power of Attorney are still In full force and effect
IN WITNESS WHEREOF. I have hereunto set my hand and affixed the facsimile seal of said corporation
this 7th day of A .1952`.
39740to1 16 +,ter -to tiiit�
STATE OF ILLINOIS
COUNTY OF 7uPa¢e
_n this 7th day of August 19 92 , before me personally appeared
Linda M. Buj,taas known to me to be the Attorney -In -
Fact of SAFECO INS M ANCE COMPANY OF AMERILA the corporation that
executed the within ;nstrument, and acknowledged -to me that such corporation executes
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my
office in the aforesaid county, the day and year in this certificate first abDve written.
OFFICIAL SEAL O
TRI:I4 RA.+Z - N�7ARY PUBLIC. S?,;E OF ILL'NCiS ��S9My Fly
C1.MM!S31C% EViRES 6�2r56
Notary Public
F.
.a
V
POWER
OF ATTORNEY
SAFECO
KNOW ALL BY THESE PRESENTS:
SAFECO INSURANCE COMPANY OF AMf RICA
GENERAL INSURANCE COMPANY OF AMERICA
HOME OFFICE SAFECO PLAZA
SEATTLE. WASHINGTON 98185
No. -_ 9145
That S -ECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each
a Washington corporation, does each hereby appoint
-KAREN E. BOGARD; DONALD S. HAUFE; LINDA M. BULTAS; REBECCA R. REMMERS. Oak Brook.
Illinois-__,.__ ___
its true and lawful attorney(s)-in-fact with full authority to execute on its behalf fidelity and surety bonds or undertakings
and other documents of a similar character Issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY
OF AMERICA have each executed and attested these presents
this day of — �.A FsiL,- . 19 _.CL,
CERTIFICATE
Extract from the Ely -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"'Article V. Section 13 — FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any
Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority
to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the
company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business. On any instrument making or evidencing such appointment, the signatures may
On any
instrument conferring such authority or on any bond or undertaking of the Company, the seal.ar of fats milea he eiof. may be
impressed or affixed or in any other manner reproduced: provided, however, that the seal shall not be necessary to the
validity of any such instrument or undertaking -
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28. 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out.
(i) The provisions of Article V. Section 13 of the By -Laws. and
(ii) A copy of the Power -of -attorney appointment, executed pursuant thereto, and
fill) Certifying that said power -of -attorney appointment is in full force and effect.
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
1. Boh A. Dickey, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the B a
Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, andf tthe Board of
hat both the
BY -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation
this 7 t h day of
. ti,a..., ..
Au ust .1992_
�cn��
T as
of Waste Management Inc., of Florida d/b/a Southern Sanitation Service, do hereby state
under oath that this statement together with the documents attached hereto constitute all
Gross Receipts for the month of ,19 collected by CONTRACTOR
in accordance with the terms of that certain Agreement dated �,� between Waste
Management Inc., of Florida and City of Tamarac furnishing Multi -Family Solid Waste
Collection Services.
Gross Receipts
x Franchise Percentage
Amount Remitted To City
BY:
As Authorized Agent of CONTRACTOR
STATE OF FLORIDA .
SS
COUNTY OF BROWARD
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,
ckno led ome s, personally
appeared
described in and who executed the foregoing instrument and acknowledged
before me that executed the same.
19
WITNESS my hand and official seal this day of
NOTARY PUBLIC, State of Florida at
Large
(Name of Notary Public:
Print, Stamp, or Type as Commissioned)
Personally known to me, or
Produced identification
Type of I.D. Produced
DID take an oath, or ( ) DID NOT take an oath.
46
n
FXH[BIT "Ell
EQUIpNfENT pWENTORY FORM
rial No. sc '
Vo
1988 MACK F.E.L.
:2K144C7JM001489 228 1990 MACK F-E.L•
:2K166CXLM002129 235 1992 MACK F.E.L.
12K191CXNM003776 284
Date of
Fur se
MAY 1988
FEB 1990
JUL 1992
Months
in c
59
38
10
------------
OND No. 5736003 ernent Inc-, of
Agreement Between CityFlorida
of Tund Waste hang
d/b/a/ Southern Sanitation
for furnishing Multi-j amily Solid Waste Collection Serwic i
PERFORMANCE AND PAYMENT BOND
I. By THIS BOND* we SOT HERN SANITATION SERVICE, A DIVISION OF
nr TI . nRID A
COI�ANY OF AMERICA
hereinafter called the "Principal," and
SAFECO INgUitANCE
surety insurer(s) authorized to do business in the State of loridaf
bound unto the CY
hereinafter called the "Surety" or "Sureties"- axe held and � � the "Owner", in the sum
Tamarac, BROWARD COUNTY. FLORIDA. hereinafter
Of Two Hundred Fiftv Thousand and o0/100 Dollars
�S
25o,Aoo.00 ) for -payment of which we�ind ourselves. heixs, our
personal representatives. our successors, and our assigns, jointly and sever y
WHEREAS, the Principal and owner have reached a mutual agreement s of
subject
IL (the proposal award date for projects
March 1 1993
• said agreement being hereinafter referred to as Franchise Agreement) fort e
thereto.
purpose of rovision of solid waste collection services for Franchise Agreement
p�P p the inference.
Collection being part of this bond by
� A.
NOW 'THEREFORE. THE CONDITION OF THIS BON IS THAT IF
THE PRINCIPAL:
Shall faithfully F►erfon'r► the Franchise Agreement at the times and in the manner
1' atent; and
prescribed in said Franchise Agree
all rom tly make payments to all claimants as defined in Section �4
Sh p p
supplies, As used
uao
2.
Florida Statutes, supplyin8 the principal with labor, man. terials- the worn provided for in
directly or indirealy by principal in the prosec
the Frawhise Ag=ment; and
41H-
J
3. Shall pay Owner for all losses, damages, expenses, costs. and attorney's fees,
including these resulting from appellate proceedings. that Owner sustains because
of a default by Principal in contravention to the Franchise Agreement: and
4. Shall perform the guarantee of all services furnished under the Franchise
Agreement for the time specified in said Franchise Agreement then this bond is
void: otherwise this bond remains in full force and effect.
1. Any changes in or under the Franchise Agreement and compliance or
noncompliance with any formalities connected with the said Franchise Agreement
or alterations which may be made in the terms of the said Franchise Agreement,
or in the work to be done under it, or the giving by the Owner of any extension of
time for the performance of the said Franchise Agreement, or any other
forbearance an the: part of either the Owner or the Principal to the other, shall not
in any way release the Principal and the Surety or Sureties, or either or any of
them, their heirs, their personal representatives, their successors or their assigns
.from liability hereunder, :notice .to she Surety -or Sureties .of:anysuch-changes,
alterations, extensions or forbearance being hereby waived.
2. Certain claimants seeking the Protection of this bond must timely comply with the
strict requirements set forth in Section 255.05. Florida Statutes, and as otherwise
provided by law.
3. As concerns payment for labor, materials and supplies. as effects certain
claimants, no legal action shall be instituted against the Principal or the Surety or
Sureties on this bond after one (1) year from the performance of the labor or the
completion of delivery of the materials or supplies as is specifically mandated
pursuant to Section 255.05, Florida Statutcs.
39
i
' IMS BOND DATED THIS 3rd DAY OF March 1993 t
so
DJ SIGN OFNAASTECMANAGR9tJNC.
PRINCIPALS �T,OBIDA
(Printed Name)
ATTEST:
BY: A Ain (SEAL)
WM ESS ALid TO AAuthorized Signature (Principal)
Dale B. Tauke, Assistant Secretary
C • (SEAL)
WrrNESS A4/TO ALL Susan C. Nustra, Assistant Treasurer
liabiyaofitgiaincipa�oansisuretq uhed coriacbonj se cm to
rigIt term o e coin rac f om Aril �, 1 9 t_o echa irb c �= c�
-umerXt isisond -onjy -w an-consenterdeto Inc rriting sythe -surety.
40
r
Lb
J
Agreement Between City of Taln=c and Waste Management Inc., of Florida
' d/b/a/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
COUTNOTS
NTY OF ALL
NTY OF MZXZMj
DUPAGE
I HEREBY CERTIFY, that on this 3rd day of March
19 9" before me Personally appeared Dale $ . Tauke
and Susan C. Nustra
to rue known to be
the persons) described in and who executed the foregoing instn =4 and acknowledged
the execution thereof to be a free act and deed for the rises and purpose therein
mentioned.
WTT MESS my hand and Official seat the date aforesaid.
S1..TL Qi ILLti N ",��C3
-Notary Public. -State of
Pabecca R pa==s ILLINOIS
MY Commission Expires 10/2 3/93
es�*e+s+es:tee*
AMST: SURETY OR SURETIES SA= IMtt,ANce 02VAM of AmffacA
(Printed Name)
de'l A A,-44—
1hTINESS AS TO ALL BY: (SEAL)
Authorized signature(s)
(Surety or Sureties)
e . Linda M. Makdah,.Attorn —in—Fact
ti
WTINESS AS TO A>rt, BY: jtZILIDt, p4(SEAL)
CO SIGNA
Karen R; BAoganrd; ttorney—in—Fact
nor • r
Flor Residen
41
Agreement Between City of Tamarac and Waste Management Inc„ of Florida
d/bfn/ Southern Sanitation
for furnishing Multi -Family Solid Waste Collection Services
ILLINOI S
STATE OF V.XWJM )
' COUNTY OF MMMAARD
DUPAGE
I HEREBY CERTII~i', that on this 3rd day of March
19_ g3 , before me personally appeared Linda M. Makdah
and Karen E. Bocard
to me Known to be the person(s) described in and who executed the foregoing instrument,
and acknowledged the execution thereof to be a free act and deed for the rises and
purposes therein mentioned.
WITNESS my hand and official seat the date aforesaid.
'Olt P.. S :CCA R. REEN iy;-RS v° Notary Public, State of
KQTA'ra Pu°LlC, STATE OF ILLlWQlS r ILLINOIS
Iny COMM.1SS:Cn Ex;Tres 10/23/93 My Commission Expires: 10 23 / 9 3
-�T
42
POWER
OF ATTORNEY
SAFE=
F--KNOW ALL BY THESE PRESENTS:
EAFECO IN"AMM CC APAAW OF AA4ERICA
OEWAAL IN"ANCE CoLAPANY OF AAAERICA
HOLE OFFICE: SAFECO PLAZA
SEATTLE. WASMINOTON 08183
No. 9145
That SAFECO INSURANCE COMPANY OF AMMUCA and GENERAL INSURANCE COMPANY OF-AMERICA, each a Washington
corporation. 00es each hereby appoint
•04■■■KAREN E. BOGARD: DONALD S. HAUFE; LINDA M. MAKOAH; MELISSA M. NE*4N; REBECCA R. REWERS.
Oakbrook, Ill iTloiS��eer�ee���ee��wereeerr,■ee�eeereee��eee■eer�eeeeer�■�ee�eeeeeeeeeeer�eeer���r
its ?no am lawful anOrney(s)-in-fact. with full VXhWty 10 Ox"LtIs On its behalf fidelhY and StrOty banes Or wxWrIVdngs and other
voctffwnts of a saTt Iar character Lund in the COLIM Of its b=nOss, and to bind the respective Co. VW thereby.
IN WETNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each
exacvted and attestea these presents
STATE OF
COUNTY OF DuPa¢e A
On this 3r� d day Of March -
19�_, before me personally appeared
Linda M.
+ known to me to be the Attorney-ln-
~f-act AO -8AFECO :TNSVRAN
hat
executed the within instrument, and acknowledged to me that such corporation onoration txe
the same. p executed
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official 5e81, at m
office in the aforesaid county, the day and year in this certificatey
first above written.
"'OFFICIAL SEAL"
ALISON M. MONACO •
NOTARY PUBLIC, STATE OF ILLINOIS i
My Commission Expires B/10/94
Notary Pub it
the signs ws OT 1nIrQReryw�y..r,�-rwr-„rw-r
rrrrr-•--rrrrrrrrrr�rrw rr rr rrrrr------- __ _
I. R.A. Pierson. Secretary Of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,r----
do hereby cs"ify That The foregoing Oxtraets of the BY -Laws and of a ROsolution of The Board Of Directors of these Caraoratitxts. and
Of a Power of ATtormy issued pursuant Thereto, are VW and Wiserand that both the BY -Laws, the ResoiLmon arid the Power of
AnOMOy are Will In fill Sorg and Of feat.
IN WITNESS WHEREOF, 1 have hereLme set try hared and affixed the facsimile seal of acid COIPdration
INS � 3rd�,`.� day of March 1993 .
. .. .� .. � i. - ��.• V • r •�Y� 1� �..� w. yr
S-074MP V23 - ®aeplsterea ttwNnrK er SAFECO Gerpornion