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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1993-0101 2 3 1 5 f 9 1D 11 12 11 14 35 16 17 26 19 .. 1 Temp. Ord. #a ti a a Revised 5/5/93 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-93-J O 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 ALL SERVICE REFUSE COMPANY, INC. FOR RESIDENTIAL SINGLE-FAMILY WASTE COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 All Service Refuse Company, Inc. for residential single-family waste collection. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECT I_ , That a franchise is granted to All Service Refuse Company, Inc. subject to the terms and conditions in the attached agreement hereto and made a part hereof as Exhibit "A" for an initial term to expire on December 31, 1994. SECTION 2: All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 3: If any provision of this Ordinance or they application thereof to any person or circumstance is held invalid,I 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. 1 A rN 10 31 32 33 11 a3 16 17 SB 19 23 22 23 24 25 21 21 2! 26 3( 31 14 35 Temp. Ord. # 16 4 g Revised 5/5/93 ,gECTION 4- This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of a , 1993. PASSED, SECOND READING this R'��'h day of 1993. L, L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK RECORD OF COUNCIL, VOTE MAYOR I HEREBY CERTIFY that I DIST 1• have approved this DIST.2: ORD,Z1q73iCE. as to farm. DIST.3: aLd D I ST. 4: edl MITCHELL S. KRAF YIV CITY ATTORNEY SINGLE-FAM GARS COLLECT(ALL SERVICE)rkt q-a`)g3 5-IA13 C� C 1990 CrrY OFTA"AC AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR FURNISHING SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES MAY 5,1993 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. I Alen FURNISHING SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES This is an Agreement dated the L-j&__ day of , 1993, between THE CITY OF TAMARAC, a political subdivision of Broward Co y, Florida, its successors and assigns, (hereinafter referred to as "CITY"), through its City Council, and ALL SERVICE REFUSE COMPANY, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR"). In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: ARTICLE I Definitions 1.1 BIOHAZARDQUS W • Shall have the meaning set forth in Section 403.703 Florida Statutes, as amended from time to time. 1.2 BAGS: Plastic bags sold pursuant to this Agreement designed to store refuse with sufficient wall strength to maintain physical integrity when lifted by the top and as approved by both the CONTRACTOR and the CITY. Generic Type: Industry standard 33 gallon garbage bags that are manufactured and sold for residential use by the average consumer. Logo 3�yRe: Bags shall be imprinted "City of Tamarac" and shall display the City logo with the following copyright information: " m 1990 City of Tamarac". Bags will be 30 gallon bags, thickness of not less than 1.7 mills, total weight of a bag shall not exceed 40 pounds. CONTRACTOR shall provide CITY with several sample bags for testing prior to the distribution of the bags. 1.3 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. 1.4 BUNDLE: A group of cut or broken branches or boards that are tied together with twine or cord. Bundled items shall not exceed four (4) inches in diameter, or 40 four (4) feet in length. The total weight of a bundle shall not exceed forty (40) pounds. 5/5/93 9 1.5 CLIL Shall include the City Council of the City of Tamarac, Florida. 1.6 N : 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. 1.7 UNTA.INER: Shall include any garbage can, generic bag, bundle or Logo bag that shall not exceed 40 pounds in weight. Cardboard boxes are not acceptable containers. 1.8 CQNTRACT ADMINISTPATOR: Shall be City Manager and/or his designee. 1.9 CUST4�SER: Shall include any single-family or residential service unit within the corporaic limits of the City of Tamarac. 1.10 ?RBST E: The designated physical location for the placement of refuse accumulations intended for residential service collection and disposal. This designated location shall be within two (2) feet or as near as possible to the traveled street normally serviced by refuse collection vehicles. Curbside service shall not apply to condominiums or other multi -family buildings that use garbage dumpsters. 1.11 12EAD ANJ1 IA S: Dead animals shall mean any four legged, two legged, fur, fin, feather livestock, household pet or otherwise. • 1.12 )ISPOSAL_51TE: 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. 1.13 GARBAGE: All waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, and/or vegetables or any matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects; and any bottles, cans or containers, utilized in normal household use, which may retain water and serve as breeding places for mosquitoes and other insects. 1.14 BA N: A metal or plastic container that has a closed bottom, handles for lifting and a lid. 1.15 shrubbery,GAEviANtree �brAan N TRASH: All accumulations of grass, leaves, A.� trimmings which are normally associated with the care and maintenance of landscaping. 1.16 GROSS RECEIPTS: Shall include all revenues received by CONTRACTOR pursuant to this Agreement which shall include monthly compensation pursuant to Article 9.1 (a) and all special services. (except for side door service) 1.17 HAZA BD017SWASTE: Any byproducts generated by industry, commercial • activity or even individual households that are potentially dangerous to human health or the environment. These wastes can take various forms - solids, liquids or gases and have at least one of the following characteristics: lgnitability - they 5/5/93 2 . may catch fire; Corrosivity - they can damage other materials (including human tissue) on contact; Reactivity - they react violently with water and may catch fire or explode; Toxicity - they may cause illness or other health problems if handled incorrectly. 1.18 O S : 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. 1.19 PEREORNIANCE BOM: 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. 1.20 PRQDITCFR,: An occupant of a residential unit who generates refuse. 1.21 S: Any vehicle which is not in violation of any provision of this Agreement is a proper vehicle. 1.22 IS S WASTE: Garbage, rubbish, bulky waste, household and other discarded matter within the corporate limits of the city. 1.23 F TS J NS: All administrative rules, regulations and procedures that may be established for the purposes of carrying out or making effective the provisions of this agreement. 1.24 RESIDENCE: A detached single-family structure designed or intended for occupancy by one (1) person or by one (1) family deemed a "residence". 1.25 RJESSIIIENTIAL SERVICEAll refuse curbside collection service -provided to houses, duplexes, triplexes, and residential dwelling units defined on the Broward County tax rolls as single-family within the service area. 1.26 R Ii1SH: 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. 1.27 SCQPE OF IN' : The work under this Agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 1.28 S, ERN,IQEAREA: City limits of City of Tamarac. 1.29 SEECIAL 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. 5/5/93 3 1.30 SPE IAL WASIE: 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 including tires, 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. 1.31 SUREIY: 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. 1.32 t 'i • Shall mean pl ace ce of residence of a customer. 1.33 Y i —D R: Any major CITY/CONTRACTOR approved retail establishment that CONTRACTOR distributes bags. 1.34 W D : Discarded refrigerators, ranges, washers, water heaters and other similar domestic appliances. 1.35 YARD TRASH - ? : 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 and not over 40 pounds in weight. Such trash shall be tied in bundles with twine or placed in City approved Container and placed curbside for regular collection. Grant of Franchise In consideration of the CONTRACTOR'S performance hereunder and compliance with the covenants and conditions set forth herein, and in the ordinances and regulations of the CITY governing the collection of residential solid waste, the CITY hereby grants to the CONTRACTOR the non-exclusive 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 residential customers located within the corporate limits of the CITY pursuant to the terms of this Agreement, but not otherwise. The CITY shall retain vested title to all waste materials covered by this franchise Agreement and generated within the corporate limits of the CITY until same are collected by CONTRACTOR; at which time, title shall pass to CONTRACTOR. The CITY reserves the right to establish a separate recycling collection program outside of this Agreement for newspapers, aluminum, glass, plastic or other materials. However, any reduction in the rates 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 parties. Legal procedures shall be invoked in a Broward County Court of proper jurisdiction pursuant to Article 17 in the event that the parties cannot agree to a reduction. The City shall continue to provide for and promote a curbside recycling program of at least the . items in its current program (newspaper (ONP), aluminum (UBC) and clear glass (FLINT)). 5/5/93 4 ARTICLE 3 Fees/Revenues 3.1 STREET USE FEE: In consideration of the grant contained in Article II 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%r) of its Gross Receipts collected from residential solid waste customers within the corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after the end of the quarter on revenue received during that quarter. CONTRACTOR shall provide to CITY notarized quarterly 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 paid to CITY pursuant to the Agreement, CONTRACTOR shall be responsible for 100% of the difference due and owing to CITY. Such difference shall be due no later than thirty (30) days after delivery of notice to CONTRACTOR of said difference. If as a result of an annual audit pursuant to Article 8.2, an overpayment was made by CONTRACTOR, CITY shall be responsible for 100% of the difference due and owing CONTRACTOR. Such difference shall be due no later than thirty (30) days after the delivery of notice. It is further understood and agreed that the consideration paid pursuant to this A�; reement 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. 3.2 FUTURE 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 collection method to be included in the calculation of the amounts due. 3.3 DELINQUENCY PROVISION: 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 day, 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=Daily Interest Rate, DIR x Days Payment Late=Interest Charge (DIR) DOTE: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws. 5/5/93 5 3.4 N • One component in the computation of single-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 8. 3.5 • If this agreement is not terminated as provided herein, on January I of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami Urban Consumer Price Index (CPI) for the twelve (12) month period ending the previous September 30. Notwithstanding the foregoing sentence, no CPI adjusmient 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. •ARTICLEA Term 4.1 CONIRACT TERM: The term of this Agreement shall begin on June 1, 1993 and shall expire on December 31, 1994, 4.2 OPTION Nfi N : CITY and CONTRACTOR 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 RENEW: This Agreement may be renewable for five (5) year periods by CITY. The decision to renew this Agreement for an additional term shall be made by the CITY no later than the end of the current term. Notice shall be provided by CITY to CONTRACTOR pursuant to Article 17.17. CITY shall not have any obligation to exercise any additional term. AUICLE 5 Scope of Services 5.1 N CONTRACTOR hereby agrees to collect all solid waste generated by residential customers within the corporate limits of the CITY, except as specifically excluded in this Agreement. 5.2 FREQUENCIM W : Residential Service shall be provided regular refuse collection service at least two (2) times per week under this Agreement. All units are required to receive such service. 5/5/93 6 Q1 HOLIDAX SCHEDULE: Pickups shall not be reduced by holidays, other than Christmas Day. CONTRACTOR shall be required to pick up refuse on all holidays other than Christmas Day. If a pick-up day falls on Christmas Day, CONTRACTOR shall be required to collect the next day. (Q QUANTITY: CONTRACTOR shall be required to pick up garbage and rubbish as follows: A resident may place two (2) cans or two (2) generic bags or two (2) bundles or any combination of cans, bags or bundles not to exceed two (2) in number on any pick up day. If garbage is in excess of two (2) containers or bundles (on any pick up day) the additional garbage shall be placed in city Logo bags for collection. (c)(1) CONTRACTOR shall provide service Monday through Saturday, except during specified holidays, Christmas Day. (c)(2) CONTRACTOR shall only make waste collections on a Sunday during times of emergency conditions. (c)(3) Bulky Waste. - bulky and heavy items shall be placed at the appropriate refuse location as specified in Section 5.4 of this Agreement. (c)(4) Cardboard - Cardboard is presently commingled with the collection of garbage. In the event that any State or local law or rule requires separate collection or recycling of cardboard effective on January 1, 1993 or any time thereafter, CITY and CONTRACTOR acknowledge and agree that cardboard will then be removed from this agreement and be treated separately under recycling and contracted through the CITY'S recycling hauler or contracted by RFP process at the CITY'S option. 5.3 COLLECTION REQUIREMENTS: (a) Customer may use 33 gallon can(s) or smaller. Customer may use generic bags in place of cans, (33 gallon size or smaller) (b) Customer will tie branches in bundles. (c) Total weight of each can, bag, or bundle shall not exceed 40 pounds. (d) Twice a week service includes two cans or two generic bags or two tied bundles or any combination of cans, bags, or bundles not to exceed two in number on any pick up day. (e) If garbage is in excess of two containers on any pick up day, the additional garbage shall be placed in city Logo bags for collection. (f) All bags put out for collection must be tied at the top securely. 5.4 11OUBS OF COLLECTIQN: Collection shall begin no earlier than 8:00 A.M. and shall cease no later than 6:00 P.M. In the case of an emergency, collection may be permitted at other times, provided CONTRACTOR has received prior approval from CITY or authorized representative, to be later evidenced by a written memorandum confirming the approval. 5/S/93 7 0 5.5 POINI OF EICKUP: All persons receiving residential service pursuant to this Agreement shall place, approved containers and other items curbside as defined in Article 1.10 for collection. Approved containers shall be secured from disturbance by animals and placed as closely to the roadway without interfering with or endangering the movement of vehicles or pedestrians. When construction work is being performed in the right-of-way, approved containers shall be placed as close as possible to an access point for the collection vehicles. 5.6 HANDICAPPED_SERYICE: Where there is no person physically capable of moving the approved container to the curb or alley for curb or alley service, CONTRACTOR shall provide back -or -side door service within one hundred and twenty (120) feet from roadway. There shall be no additional charge for back -or - side door service for residences where there is no person physically capable of moving the approved container to the curb or alley for curb or alley service. Residents shall be required to write a letter and provide proof of medical disability to the City Manager of the City of Tamarac establishing such disability of household members. 5.7 SPECIAL SERVICES/COLLECTION: Services such as side -door collection, below ground collection, removal of any refuse other than residential waste as defined herein, or additional pickups shall be provided for a separate fee upon terms agreed to by CONTRACTOR and customer. Requests for pickups of special materials as defined herein shall be considered as requests for special . pickup services. Charges for special services shall not be unreasonable or excessive. 5.8 AASTE COLLECTIQN: CONTRACTOR shall make collections with a minimum of noise and disturbance. Containers shall be handled carefully by CONTRACTOR and shall be disposed in a sanitary manner. Any waste spilled by the CONTRACTOR shall be picked up and removed by CONTRACTOR. 5.9 BULK W : CONTRACTOR shall collect bulk wastes on a quarterly basis on the residences first scheduled pick-up day in the months of February, May, August and November of each year unless an alternative schedule is agreed to by CONTRACTOR and CITY. The removal of these items shall be limited in size and weight to allow a two man crew to lift item, fit it in the hopper of vehicle and allowing for normal compaction. In the first month of each year, CONTRACTOR shall provide CITY with an annual list of all bulk waste pickup days and shall notify the public of the schedule of collection in a local newspaper approved by CITY. 5.10 YARD TRASH: CONTRACTOR shall collect household trash clippings and branches properly containerized or tied in bundles not exceeding four (4) feet in length, four (4) inches in diameter, and not over 40 pounds, any other domestic discards which may be reasonably hauled by pick up crews, on the same days as, garbage and placed in appropriate CITY approved container. Yard trash is presently commingled with the collection of garbage. In the event Florida Statutes requires separate collection and disposal of yard trash, effective on January 1, 1993 or any time thereafter, CITY and CONTRACTOR acknowledge and agree to renegotiate any new or established or additional rates. 5/5/93 8 5.11 VACANT LOTS: It will not be the responsibility of CONTRACTOR to remove waste resulting from clearing property for building purposes, unless specifically contracted to do so. I w AIMA 14 (1) CONTRACTOR shall provide CITY with containers and service at the following locations at no cost to CITY: u M .: &H City Hall 4 cubic yards 7525 N.W. 88th Avenue Police Station 4 cubic yards 7515 N.W. 88th Avenue Public Services 30 cubic yards 6001 Nob Hill Road roll -off Fire Station (West) 2 cubic yards 7501 N.W. 88th Avenue Fire Station (East) 2 cubic yards 4801 W. Commercial Blvd. Tamarac Park 4 cubic yards 7601 No. University Drive Tamarac Sports Complex 4 cubic yards 9901 N.W. 77th Street And any additional locations up to three may be specified by the City Manager. (2) CONTRACTOR shall provide such service at a frequency to be determined by the City Manager. CITY shall have the right to use mechanical containers, commercial type cans, containers or bags within the size and weight limits prescribed herein. 5.13 MUNICIPAL CONTAINER MATNTENANCE: All containers provided by CONTRACTOR for CITY shall be scheduled for maintenance not less than annually. CONTRACTOR shall not be entitled to a feee for this maintenance service. 5.14 N117NTCTPAL REGULATION OF COLLECTION C4 NTAJNERS . (AT CITY LQ N ')• CONTRACTOR shall provide CITY with appropriate containers for collection of 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 shah be clearly marked with the CONTRACTOR'S name 5/5/93 9 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. 5.15 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, under terms and conditions pursuant to Article 6.3 of this agreement. ClubhousesS a gommon Uea facilin any W S io available- 1 recreational activitiCa, meetings S CONTRACTOR shall prQyide eafteeg[Illectignh sinaglg-familygarbage shall ARTICLE 6 Schedules and Routes 6.1 ROUTES OF i N: Collection , routes shall be established by CONTRACTOR. CONTRACTOR shall submit a map designating the collection routes to the city for its approval, which approval shall not be unreasonably withheld. CITY may amend the collection routes annually so long as such amendments do not increase the cost of CONTRACTOR to provide the services contemplated herein. CONTRACTOR may, from time to time, propose to CITY changes in routes or days of collection, which approval shall not be unreasonably withheld. Should CITY propose substantial route changes which alter the date of collection, then upon CONTRACTOR'S approval of the proposed changes by CITY, CITY shall promptly give written or published notice to the affected residential units. Should CONTRACTOR propose substantial route changes which alter the date of collection, upon CITY'S approval of the proposed changes by CONTRACTOR, CONTRACTOR shall promptly give written or published notice to the affected single-family residential units. CONTRACTOR acknowledges and agrees that CONTRACTOR shall be obligated to take such actions as necessary to fulfill its duties and obligations hereunder and that CITY may, with CONTRACTOR and a mutual agreement between CITY and CONTRACTOR_ from time to time, issue written directions to CONTRACTOR clarifying the scope of CONTRACTOR'S services to fulfill the intent of this agreement. 6.2 SEASONAL QUALM 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 placed curbside in approved containers. 5/12/93 10 • b.3 : In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for CONTRACTOR and CITY to acquire additional equipment and to hire extra employees to clean city of debris and refuse resulting from the storm or disaster, CONTRACTOR shall work with City Manager in all possible ways for the efficient and rapid cleanup of such debris and refuse. THIS SPACE INTENTIONALLY LEFT BLANK 5/12/93 10 A • 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 Manager in all possible ways for the efficient and rapid cleanup of such debris and refuse. CONTRACTOR shall receive extra compensation above agreement for additional employees, disposal cost, overtime and costs of equipment, provided CONTRACTOR has first secured prior written authorization from City Manager 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, materials and disposal cost, 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 bITSC'ELLAiyEOUS; 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 laree. 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 single-family residential solid waste collection pursuant to this agreement to the approved Broward County Recovery Disposal facilities or to any transfer station which may hereafter be utilized in the future by CITY and approved by Broward County (such silo hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of disposal site for disposal of residential solid waste collected, pursuant to this Agreement except when approved in writing. 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 CONTRA OR pursuant to this agreement shall be carried out in a confident and business -like manner i�cd 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 City 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 conforminc, with any changes in the performance standards, shall be negotiated by CONTRACTOR and CITY in good faith. �J 5/5/93 11 BTICLF 8 Rates, Records, Billing 8.1 RATES: 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 approved by City council and become effective on the effective date of the disposal cost increase or decrease. $.18 cents per $1.00 tipping fee increase per month per unit. Not to exceed $.02 cents per $1.00 tipping fee increase per 30 gallon City logo bag. (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 increase any rate 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. Article 8.1(a) may not be invoked until the completion of the initial nineteen (19) month agreement (ending December 31, 1994). (b) In the event that rates are increased or decreased at the Ian dfill/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 Article 8.1 of this Agreement. (c) The rates quoted are to apply to any area annexed into the city. (d) CONTRACTOR shall work with CITY to resolve any unforeseen problems that may arise during the term of the agreement. This includes, but is not limited to, providing extra crews and equipment in times of emergency, providing dumpsters in times of emergency, and assisting in the collection and disposal of any unusual amounts of garbage and trash accumulated by the various departments of the city. 8.2 $FCQHDS: 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 (at CONTRACTOR'S local Fort Lauderdale, Florida office) 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 5/5/93 12 • hereof. No original notes or work papers can be removed from the inspection location. 8.3 BILLING (a) CONTRACTOR shall supply VENDOR with CITY approved bags for resale to single-family residential consumers. CONTRACTOR shall be responsible for billing to and collection from VENDOR. CONTRACTOR'S telephone number shall be included on all notices to VENDORS and bills for service. (b) CITY shall provide CONTRACTOR with a list of all VENDORS including name, address, store identification and telephone number. (c) N- : 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 (1%) per cent of any past due balances in excess of thirty (30) days. CONTRACTOR shall notify CITY of the discontinuation of a customer's service, if such service is not restored within ten (10) days. (e) CUSIONIER PO S: This is an option to be exercised only in the event that quarterly bill has not been paid by the end of the second month of the quarter by customer. CONTRACTOR may require a deposit not to exceed the quarterly fee for service. 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. (f) CITY will cooperate with CONTRACTOR to notify all single -family residential customers of the requirement to contact CONTRACTOR and place any necessary deposits at CONTRACTOR'S place of business. 8.4 BILLING SLHEDULE: (a)Where the billing is done by CONTRACTOR, billing may be made quarterly in advance, and CITY shall receive its franchise fee quarterly within ten (10) days after the end of each quarter. 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 single-family customers. 5/5/93 13 CONTRACTOR within sixty (60) days after commencement by a contract shall provide CITY with: (1) A list of all accounts by name and address; (2) The total amount billed to each account. (b) The CITY shall provide CONTRACTOR with a listing of all customers presently being serviced. Thereafter, the CITY will provide monthly updates including additions, deletions and changes of customers. 8.5 YACAITONSLtFM: CONTRACTOR shall provide a one month vacation credit to any unit that is vacant for one month or longer. Customer shall notify CONTRACTOR in advance of vacation schedule to receive vacation credit. 8.6ANNUALT ' 'DrVf11Dr. During the first year, CONTRACTOR shall provide to CITY, two tonnage reports and thereafter one tonnage report once a year. A tonnage report shall consist of the completion of a total route within CITY without commingling trash/garbage with any other route (other than CITY'S) and provide CITY with an accurate tonnage weight analysis report. Compensation 9.1 (_'OMPENSATIQN - SJN .FAN11LY RESIDENTIALV CONTRACTOR shall be paid the following sums for all service that it. provides within the CITY. (a) $9.30 Per month, per single family unit, and $.63 per bag for additional garbage exceeding 2 containers placed at curbside pick up. (b) Side Door Service: CONTRACTOR shall provide side door service for sections of Tamarac that request such service. CONTRACTOR shall direct bill the section association quarterly in advance at a rate of $2.30 (two dollars and thirty cents) per unit per month. Compensation is also subject to increases or decreases in Article 3.5 and Article 8.1. Units Guarantees 10.1 SrLJAHANTEES: Those units which currently are to receive service are contained within the designated single-family residential areas, single-family designated areas as defined in Article 1.24 and Article 1.25. ARTICLE 11 Contractor's Local Office 11.1 QFFICUNIAA NAC fj\'Q AUNT: Throughout the term of this Agreement, CONTRACTOR shall establish or maintain a local office or authorized managing . agent within Broward County. CITY and CONTRACTOR designates the agent as specified in Article 17.17 as the agent upon whom all notices may be served. 5/5/93 14 Service upon CONTRACTOR'S agent shall always constitute service upon CONTRACTOR. 11.2 HOURS: CONTRACTOR'S local office shall be open during collection hours so that customers can lodge complaints, requests for information, and requests for service. At a minimum, CONTRACTOR shall be available during the hours of 8:00 A.M. to 5:00 P.M. , local time, Monday through Friday. 11.3 N : CONTRACTOR'S local office shall have a responsible person in charge during collection hours on collection days, shall be equipped with sufficient telephones, a local telephone number, and sufficient attendants to receive telephone calls. Attendants shall receive calls in a courteous and polite manner, record all complaints, and resolve all legitimate complaints as outlined in Article 12.3 in an expeditious manner by the end of the next business day. ARTICLE Contractor's Relation to City 12.1 LN,'1)EJ!ENQENT CQNTRACTOR: The relationship of CONTRACTOR to the CITY shall be that of an independent CONTRACTOR, and no principal -agent or employer -employee relationship between the parties is created by this agreement. By entering into this agreement with CITY, CONTRACTOR acknowledges that it will, in the performance of its duties under this agreement, be acting as an independent CONTRACTOR and that no officer, agent or employee of CONTRACTOR will be for any purpose an employee of the City of Tamarac and that no officer, agent or employee of CONTRACTOR is entitled to any of the benefits and privileges of a city employee or officer under any provision of the statutes of the State of Florida or ordinances of the City of Tamarac. 12.2 ?ST '1 ER OM ' S: 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 CITY may be fully informed of the duality of the service, CONTRACTOR shall arrange the handling of complaint`s in substantially the following manner; all legitimate complaints, whether received in person, by mail or by telephone, shall be reported in CONTRACTOR'S log approved by Contract Administrator and furnished by CONTRACTOR. A copy of the log is available to CITY upon request. Complaints received before 12:00 noon shall be serviced before 5:00 p.m. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon on the following calendar day. CONTRACTOR shall be available at CITY'S request to CITY action taken on complaints. Legitimacy of challenged complaints may, at the option of CITY, be determined on the basis of a joint inspection by a representative of CITY and a representative of CONTRACTOR. CONTRACTOR shall maintain a customer complaint log during the term of this Agreement, and shall maintain log for a five years from the date: of the complaint. 12.3 DISCRIMINATION PROHIBUE12 AEEIRMATIVE ACI N: 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 V1 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 5/5/93 is conditioned upon the veracity of this Statement of Assurance. CONTRACTOR herein assures CITY that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal grants are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. CONTRACTOR must be an Equal Opportunity Employer and have an affirmative action plan and not discriminate on the basis of handicapped status. • (a) CONTRACTOR shall assign a qualified person or persons to be in charge of its operations in CITY and shall give the name or names to CITY; information regarding experience shall also be furnished. (b) CITY has right to require CONTRACTOR'S collection employees to wear clean uniforms or shirts bearing the company's name. (c) Each Driver shall at all times, carry a valid operator's license for the type of vehicle they are driving (d) CONTRACTOR shall provide operating and safety training for all personnel. 12.5 li N : 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. Equipment shall include all items specified in Exhibit "E", Equipment Inventory Form (as amended from time to time). The equipment shall be maintained in a first-class, safe and efficient working condition through the term of the agreement and any renewal period. CONTRACTOR shall establish a regular preventative maintenance program for all equipment and shall maintain records of preventative maintenance and other maintenance repairs to the equipment. CONTRACTOR shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. CONTRACTOR shall establish reasonable procedures and programs to prevent property loss or damage and/or personal injury to persons, including, but not limited to, employees performing such work and all other persons who may be affected hereby. CONTRACTOR shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this agreement. CONTRACTOR shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operation of the equipment and such files and records shall be available upon reasonable notice for review by CITY. 12.6 '%'E1JJCULA,R IDENTIFICATION: All vehicles and equipment used by CONTRACTOR for the collection of residential solid waste shall be clearly marked with the CONTRACTOR'S name and telephone number in letters of a size sufficient to reasonably identify the vehicle, but not less than five (5) inches in height. CONTRACTOR shall also assign to each of its vehicles an identifying S/5/93 16 number and shall mark the same upon said vehicles in figures not less than five (5) inches in height. 12.7 HEALMANU&MIAILMLCONTRACTOR 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. T Performance Evaluation and Monitoring 13.1 RJQHT TO INSPECTION: CITY hereby reserves the right to inspect and evaluate CONTRACTOR'S operations relating to its performance hereunder either on a continuing or random inspection basis. The Performance Evaluation Plan may be revised after negotiation and mutual agreement between City and CONTRACTOR at any time during the period of the Agreement. CITY, through an independent third party Contractor of its own selection, shall evaluate technical performance, including reliability and schedule performance, and program management. 13.2 MA?�'�IISF: Contractor shall pay a one-time franchise fee of $10,000 to the City of Tamarac at the time of contract award and final execution of agreement. 13.3 E11TURE P RFO ' J N V .OS S: 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 December 31st. 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 disa4-reement with any such cost within thirty (30) days after receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be paid on or before forty-five (45) days after receipt of such costs from CITY and such reimbursement shall not exceed an aggregate amount of $15,000.00 one time during contract. 13.4 'ON-f ,Q-.NIELT NCE..Bj T14F CQNIRACTOR:In the event CONTRACTOR shall fail to perform any of the material provisions of this Agreement, CITY shall provide CONTRACTOR with written notice of non- compliance, stating all reasonable facts relating thereto. If the practice, event or condition is not reformed, corrected or otherwise made to comply with the terms of this Agreement within a period of time which is reasonable in relation to the nature of the practice, event or condition of non-compliance, but in no event more than ten (10) days from the date of the receipt of notice of violation unless the non-compliance cannot be cured within ten (10) days, then within a reasonable time using best efforts and CONTRACTOR shall notify CITY of those efforts., the same shall constitute an Act of Non -Compliance. For each Act of Non- compliance, CONTRACTOR shall pay CITY the sum of up to Five Hundred Dollars ($500.00) per clay for each day that such Act of Non-compliance shall continue beyond the period of time established to cure the Act of Non- 5/5/93 17 compliance. This remedy is hereby expressly made cumulative of other remedies available to CITY at law or in equity for breach of this Agreement. 13.5 QTYRESEBU S: (a) Subject to the procedures in Article 14, CITY reserves the right to terminate the Agreement at any time whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade, after CITY gives written notice to CONTRACTOR of the deficiencies as set forth in the written notice within fourteen (14) days of the receipt by CONTRACTOR of such notice from CITY. Upon termination, CITY may call the Surety and apply the proceeds to the cost of service charged to CITY for the balance of the Agreement. (b) In the event of a strike by the employee or any other similar labor dispute which makes performance of this Agreement by CONTRACTOR substantially impossible, CONTRACTOR agrees that CITY shall have the right to call the Surety Bond and temporarily engage another firm to provide necessary service. 13.6 PFRFOR1,%1A.NcE DoNp: 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 the form of the security. The Finance Director has authority to approve the financial capabilities of the Surety to perform. Upon completion of this Agreement in compliance with all terms and conditions hereof, CONTRACTOR shall be entitled to the return of any Cash Bond on Deposit with CITY within ten (10) business days. 13.7 UX1311 nR >n T Due to Unusual Circumstances: (a) It is expressly agreed that in no event shall CITY be liable or responsible to CONTRACTOR or to any other person on account of any stoppage or delay in the work herein provided for, by injunction or other legal proceedings brought against CITY or CONTRACTOR, or on account of any delay for any cause for which CITY has no control. (b) CONTRACTOR shall not be responsible for delays or non-performance of the terms and provisions of this agreement where such delays or non-performance are caused by events or circumstances over which CONTRACTOR has no control, including riots, civil disturbances, or acts of God; provided, however, that in the event of any such non-performance or delay resulting from events or circumstances beyond the control of CONTRACTOR, CONTRACTOR shall not be entitled to connpensation for such period of time as a delay or non-performance shall continue. 5/5/93 18 ARsLE14 Default of Agreement 14.1 REFAULT OE C NTRACT: 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 fourteen (14) calendar 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 CITY'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 DEFAU : 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 CONTRACTOR 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 is shall be ineffective. If CONTRACTOR fails to cure such default prior to the proposed date of termination, then CITY may terminate CONTRACTOR'S p�2rforniance under this Agreement as of such date. _14.3 P()S-T1"ER_NII k N_�ERViCES: Upon the effective date of termination ac contained in the above notice referenced in 14.2 of this Agreement, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Agreement and shall proceed to cancel promptly all existing orders chargeable to this Agreement. Within ten (10) days of receipt of notice of termination, CONTRACTOR shall submit to CITY monthly reports and revenues required under this Agreement to the day of termination. 14.4 REMEDIES: In addition to, or in lieu of, the termination procedure set above in Section 14.2 of this Agreement, CITY may 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. 5/5/93 19 (b) CITY may make or file a claim under the Performance Bond, Letter of Credit, or Cash Bond for any damages, expenses or liabilities that CITY has incurred as a result of CONTRACTOR'S default. (c) CITY may exercise its rights under Article 13.4 non-compliance by CONTRACTOR in this Agreement. ARTICLE 1,; Indemnification INDENINTFIC.ATION: CONTRACTOR hereby assumes risk of loss 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 CONTRACTOR'S performance of this Agreement 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. CITY shall notify CONTRACTOR of such claims, liabilities, demands and suits no later than sixty (60) days after CITY'S receipt of a claim . ARTICLE 16 Insurance . 16.1 GENERAL: CONTRACTOR shall not commence work under this Agreement until it has obtained all the insurance required under this Agreement, and such insurance has been approved by the City. CONTRACTOR shall be responsible: for delivering to CITY the Certificate of Insurance for approval. CONTRACTOR shall name the City of Tamarac as a named insured on the Certificate of Insurance. CONTRACTOR'S Certificate of Insurance must be attached and included in this Agreement as Exhibit " C ". All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of Florida and rated -A- or better by A.M. Best's 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 canceled 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 COMPENSATION 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 en�oaged in hazardous work pursuant to this Agreement is not protected under the • Workers' Compensation Statute, CONTRACTOR shall provide adequate 5/5/93 20 employer's general liability insurance for the protection of employees not so protected. 16.3 CONIN-IERCIAL INSURANCE: CONTRACTOR shall procure and shall maintain during the term of this CONTRACT and any renewals Public Liability and Property Damage Insurance in an amount not less than $1,000,000 combined single limit coverage for bodily injury, death and property damage (except automobile). Coverage A shall include premises, operations, products and completed operations, independent contractors, contractual liability covering this agreement or contract, and broad form property damage coverages. Coverage B shall include personal injury. Coverage C, medical payments, is not required. Occurrence Form: The occurrence form of Commercial General Liability must be provided. 16.4 AUTOMOBILE 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 EX CCE S UMBRELLA LIABILITY: 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 coverage's. 16.6 SCOPE OF INSURANCE: The insurance required under the above paragraphs shall provide adequate protection for CONTRACTOR against damage claims ,.which may arise from operations under this Agreement, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. CITY shall be named a named insured on all of CONTRACTOR'S insurance policies provided for herein. 16.7 LOCAL AGENI EQR IN5.3RANCE AND BONDING: 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 shell furnish to CITY a Certificate of Insurance on a form furnished and approved by Cl"1 Y, evidencing CONTRACTOR has obtained the required insurance covera�cc. At the request of CITY the original policy shall be provided for inspection. All policies must prove that they may not be changed or 5/5/93 21 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. Miscellaneous���� Provisions 17.1 VFNUE-. This Florida. All actions broughtt�he hereunall be der hall be brought exclusively nidered consummated in dBraward County, Florida. 17.2 TIMES : Time shall be deemed to be of the essence concerning this agreement whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 17.3 : The failure of CITY, at any time, to require performance by CONTRACTOR of any provisions herein shall in no way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by CITY of any breach of any provisions herein be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. 17.4 EORCE MAJlR : 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. 17.5 PRIOR CONIBACTS: This agreement Supersedes and replaces all terms related to single-family and family residential service in the agreement between the City of Tamarac and Southern Sanitation, a division of Waste Management, Inc., dated Auuust 26, 1987, and effective immediately, which agreement, upon the effective date of this agreement shall be null and void and of no further force and effect. 17.6 AEPROVAL By CITY COUNCIL: 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. 17.7 COn1PLIANCE WITH. Ate: CONTRACTOR, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if CITY calls the attention of CONTRACTOR to any such violations on the part of CONTRACTOR, its officers, agents, employees, or subcontractors, then CONTRACTOR shall immediately desist from and correct such violation. 17.8 RiC,111 TO PERIODIC BUT �W�: 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 5/5/93 22 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. 17.9 ': 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 this Agreement, CITY shall be authorized to determine whether a material provision is affected in relation to the rights and benefits conferred by this Agreement. Upon such determination, CITY and CONTRACTOR shall negotiate in good faith to modify or amend the franchise to such extent as may be necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of CITY, or the public. 17.10 ACCQIINTING SIANDARM: CONTRACTOR shall provide the CITY with a quarterly notarized statement from an authorized representative of the CONTRACTOR, certifying the accuracy of the quarterly 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). 17.11 TRANSFER ABIWIVF N : No assignment of this agreement or any right accruing under this agreement shall be made in whole or in pan by the is 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. 17.12 EFFECTIVE DAIE: 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. 17.13 LICENSES AND A ' S: CONTRACTOR shall obtain all licenses and permits (other than the license and permit granted by CONTRACTOR) and promptly pay all taxes required by CITY. 17.14 EAR GRAPH HEADINGS: The 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. 17.15 ENITIRF, QDNTR_ACT: This agreement constitutes the entire agreement and understandin! 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. 17.16 BANKRIi icy: This agreement shall terminate in the case of bankruptcy (voluntary or involuntary) or insolvency of CONTRACTOR. In the case of bankruptcy, such termination shall take effect on the day and at the time that the . bankruptcy action is filed. 5/5/93 23 17.17 NQTICES: 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: CITY: City Manager designated agent for the City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305)722-5900 With a CgRy to: City Attorney City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305) 722-5900 CONTRACTO Harold Carter Designated Agent For All Service Refuse Company, Inc. 825 NW 31 Avenue Ft. Lauderdale, FL 33311 (305) 583-1830 Mr. Harris W. Hudson c/o Hudson Management Corp. 200 E. Las Olas Blvd., Suite 1420 Ft. Lauderdale, FL 33301 (305) 761-8333 CONTRACTOR may change the address and/or agent upon written notice as above. 17.18 OR N1 E NT: 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 party. 17.19 ADDENPUNIS 6ND ATTACHMESTIENHIBITS: The provisions of the foregoin+o Articles 1 through 17, together with the following Exhibits A through H, are intended by the undersigned parties to and shall constitute a binding agreement between them. All Exhibits A, B, C, D, E, F, G and H, Appendix 1 and Appendix 1I are incorporated herewith and fully set forth. 17.20 SF�' Y �: 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. 17.21 : CITY 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. 17.22 MUTUAL CONSEN;'T: Both parties to this Agreement have had full opportunity to review. and draft this Agreement. Further, both parties have had full opportunity to review this Agreement with their respective legal counsel. Both parties have had an opportunity to participate in the finalization of this Agreement and all provisions have been agreed to by mutual consent. 5/5/93 24 0 LI 17.23 ' N-W VPOWERS : This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted 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. 5/5/93 25 LI u.•_ for Furnisb• 1 iVasle Cgilection This Agreement shall be effective this the ht;,� day of , 1993, which shall be the Commencement Date hereof. ATTEST: Date: Carol A. Evans Date: City Clerk CITY OF TAMARAC APPROVED AT MEETING OF 5/5/93 26 THE CIT fi TA RAC, FLORIDA By: },. 8�. ayyor ..,,. John City E 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 acknowledgments, personally appeared H°`�o me known to be the person(s) described in and who executed the foregoing instrument and 4s� acknowledged before me that executed the same. WI 'ESS my hand and official seal this day of > 19 • L' C7Z� -&�2 NOTARY PUBLIC, State of,t Florida at Larne NOTARY PUBLIC, STATE' OF FLORIDA, e My CONIMISS10(: EXPIRES: JUPo4 26, )g C7�bNbE;. T1 RU NCTA.RY Fu y.i� un'CChry HiTER ,� � • � L)E Y,� (Dame of Notary Public: Print, Stamp, or Typa as Commissioned) ( \/j Personally known to me, or ) Produced identification Type of I.D. Produced ) DID take an oath, or ( .DID NOT take an oath, 5/5/93 27 t.,D ��►-, Cum S� ✓ �— greemgnt Between thg City of Imamn n r__ r____: ►.:... 0..--i. Cnr My cMri wacto rnllPetinn Services. ATTEST By: Corporate Secretary (Corporate Sea]) STATE OF FLORIDA :SS COUNTY OFF- CORP�e"TI Of: / 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 acknowledgments, personally appeared /.�_ tome known to be the person(s) desclibed in and who executed the foregoing instrument and acknowledged before me thatexecuted the same. WITNESS my hand and official seal this % _ day of ,,, NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: HarA;zr PUBLIC STATE OF FLORIDA Print, Stamp, or Type as rt CO1':m�tss:ah EXP. M►1Y 21,1994 Commissioned) BANDED THRU GEN11RAL INS' UHD. ( Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( —1-bID NOT take an oath. cc: John P. Kelly, City Manager 5/5/93 28 AgEgernent Bgtween the City of IMpEac1.1 All Service Refuse COmPaU, / aIshing Singig-Eamily 5011d Agle Collection Serviggs 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 T" - Performance Evaluation Plan Exhibit "G" - Books and Records Exhibit "H" - City Information Exhibit "1" - Side Door Service Appendix I - Performance and Payment Appendix lI - Contractor's Affidavit of Gross Receipts 5/5/93 29 0 M1 1' 1 11 4 III iti' 111 1 1 1. . RMIllar11Imm, /MWITins IR 1 1 1 r SERVICE AREA (see Attached Map) 5/5/93 30 Ny LA ;71W -h - JAI FINA11i t9:7 ks MAI 31 P T.4r." ad 13,11 :4 44, 04, 44, OM ?W:ft4 J1 J'] L T-0 IT 713 �-IIMW31 rim a, 4 1 ' l 3 * • . ll. s.l • : M, Ill • sl 1 CITZ Iff l l �. u • r I l EXHIBIT "B" F.3.35 1 Eel MARKMETWO[Mle- M-1-31INGIM Sec. 9-86. Generally. The creation of any unreasonably loud, disturbing and unnecessary noises in the city is prohibited 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 Worcement 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 enumerated. 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 or other 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 a.m., as to annoy or disturb the quiet, comfort or repose of the 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., or at any time or place so as to annoy or disturb the quiet, comfort or repose of any persons in any hospital, dwelling, hotel or any other type of residence, or of any person in the vicinity; (4) The owning, possessing or harboring of any animal, bud 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 to a person of ordinary sensibilities at a distance of one hundred (100) feet from any property line of the premises upon 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, bird 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) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to ben or stop work, or as a w arnim, of fire or danger, or upon request of proper city officials; 5/5/93 31 (7) The discharge into the open air of the exhaust of any steam engine, stationary internal- combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. (Code 1975, § 16-2; Ord. No. 90- 21, § 1, 5-23-90) Sec. 9-88. Exemptions. None of the terms of prohibition of sections 9-86 and 9-87 shall be applied to or enforced against the following: (1) Any vehicle of the city while engaged in necessary public business; (2) Excavations or repairs of bridges, streets or highways by or on behalf of the city, county or the state during the night, when the public welfare and convenience render it impossible to perform such work during the day; (3) The reasonable use of amplifiers or loudspeakers in the course of public addresses which are non commercial in character; (4) An electrical])- amplified siren system for use as a warning to golfers of danger from nearby lightning activity, when located on the grounds of a golf course, and when the following guidelines are utilized: a. The siren shall be a system approved by Underwriters' Laboratories, Inc., and installed by a 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 activated only at the direction of the golf course manager or his designee and only when an imminent or early threat of lightning activity is indicated by atmospheric conditions or broadcasted meteorological reports. d. The following United States Golf Association recommended signals shall be used: Mcontinue pluv----Three (3) short consecutive notes of siren, repeated for a period not to exceed thirty (30) seconds in any fifteen -minute period. Resume pluv—OnC (1) prolonged note of siren, repeated for a period not to exceed fifteen (15) seconds in any fifteen -minute period. These standardized signals and their meanings shall be prominently displayed in the clubhouse and at the first tee to inform all golf players. e. Prior to the installation of a lightning warning siren, a permit from the building department shall be obtained. A permit fee shall be set by resolution of the city council. The fee shall cover the initial and subsequent yearly inspections by the building department to ensure the proper functioning of the siren system. f. Any operation of the siren system without a valid permit or in contravention of the standards enumerated in this subsection shall constitute a violation. Each violation shall subject the owner of the property on which the siren system is located to a fifty -dollar fine. The third violation within a calendar year shall be grounds for revocation of a permit unless the permit holder can demonstrate in a hearing before the city council that measures are being taken to eliminate the "+ incident~~ of unwarranted operation of the siren system. (Code 1975, § 16-3) Sec. 9-89. Radios, other devices casting1 sounds upon public places. 5/5/93 32 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 instrument or device 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 business between the hours from 10:00 p.m. to 6:00 a.m. of each day, whereby noise emitting therefrom shall disturb the peace and quiet of inhabitants or occupants of any occupied building. (Code 1975, § 16-5) Sec. 9-91. Same —Noisy businesses, work, etc., generally. It shall be unlawful for any person to perform labor or work or to operate or conduct any business or enterprise in the city on any day, except between the hours of 8:00 a.m. and 6:00 p.m., at a location so close to inhabited dwellings, apartments or hotels that the noise emitted from the operation of such business or enterprise shall disturb or be detrimental to the health, peace and quiet of any occupants thereof. If any emergency exists, or conditions with reference to the operation of any business are such that it would be unjust and inequitable for the same not to be operated during the 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 —Filling stations. 0 It shall be unlawful for the owner of or any person employed at any gasoline filling station located within three hundred (300) feet of any inhabited dwelling, apartment house or hotel in the city to carry on or conduct any business thereat from 11:00 p.m. to 6:00 a.m. of each day, whereby loud or 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 in this city and close to dwellings or apartments, so that the noise emitted from such games disturbs or is detrimental to the health, peace and quiet of any occupants thereof, during, the night hours after 9:30 p.m.; and the lights illuminating such tennis courts shall be extinguished not later than 9:30 p.m., local time. (b) Exett anion. Any tennis court which is owned or operated by a condominium association, a homeowner's association, a golf club or a tennis club is exempted from this section. (c) Special exception. If any owner or operator of a tennis court furnishes proof to the city council that all neighbors within a radius of three hundred (300) feet from the tennis court approve the operation of the tennis court for the evening hours after 9:30 p.m., local time, then upon such proof the council shall exempt by a special exception such tennis court. (Code 1975, § 16-8) 5/5/93 33 4D 11 B. l l! i.' A11 �.1 1 for i l.. 1 Solid Wasle CQUecUon EXHIBIT- "C" CONTRACTOR'S CERTIFICATE OF INSURANCE (To be provided by Contractor) 5/5/93 34 1iHl-��0-1y. 15 NE,,T PiSF, 11H44H5EI•IENT 407 394 7730 P.0- CE1tTI�iCA V i��J;�Va✓' _ (,�`fR..; vwawrS/06/urr� ACORD � .OF osroa/s3 R :r :. • •s cOMACATS is ISSUED AS A AtA'fTFR OF >rrMRmAnon ohu x-Nm COMRS NO RIGSTS UPON TIM COtTMCATEs HOLDER. TES CERTIFICATE , Risk Mena ement DOES NOT Ate• EXTENDOR ALTER TFIE COVERAGE A►F'F7DRAID BY THE William F. Com$Skey, Jr. , C! C J900 Glades Road, Suite 103 houc=%&t.OW. Boca Ratan, FL ANM AFFORDG COVERAGE OMPIN M 33431 `C William F. Comiskey,Jr. cu�-siS-U4S8 ............. ... ...... tvhty rAn: •: .........- .�. LzrrER A Michigan Mutual Iris. Co. ..... . ......... t� B ITT Hartford Insurance Group Il+•LAFA ........... . All Service Refuse Co., Inc. CoxPAXY C , " Jim Feeley R 925 N.W. 31st Avenue Fort Lauderalalr, FL COMPAXY D 33311 L7!'C7TSt COWANY E LiTTLR -FOWAAGES MS is TO CERTiiY THAT THE POLICIES OF INSV CS LISTED BELOW ?iAV 11MM ISSUED TO THTE 2;3jL 6 NAM ANOW POII THE POLICY P'MOD INDICATI V. NOTTkIMICTANDIN d AKY PXQU2LiJQ`M"T. TltPaf 01 MNDrri4N OF ANY mwm&CT OR OTM DDCU)6W T w1TH R PICT TO VIIUCH TES CERTIFICATE MAY BE ISSUED OR MAY PERTA ;. TM INSUR�I,NCE AFFORDED BY THT POLICE DDCN31D XMt= � IS SURIECT TD ALL THIL TERMS. LYCLUSIONS AND CONDITIONS OF SUCH POLJCIFA. UNITS SHOWN MAY HAVE $Elfin RMCED BY PAID CLAAIS- CO 4r.a 117E ttslrretre�VCR NvU m A : PDL=I<Er[C"n POLICY=L ATION � awwtM►uOt�M9 PA'+': ao.vaaR'ri LtT(rra GlnxoLLLIAZTWT' GZKEKALAOOREGATE S 2,000,000 A X COMMERCIAL Or.%TRALL1O EJrY CPP 0276417 05/15/92 05/15/93 ►iouxrscow"?Am $ 1,000,000 CLAMA MAn6 X OCCUV.. ►AIUMNAL a AO'ruuVK t s t , iiDG, iro 0 O1A7 *S A CGNTRACTOR'S PROT. WAM OCCUR, ez S 1 , D00, D0D F ►nliDAMAGE (WorlueJ t 50,D00 ►Or,L+. XZMWSIE tAW M penal S Ai1f'OASOe[LL LIAaELiSI' C'OttsL`�oaR101a s 1,000,DD0 B X A!N AvrO i1 uEw NE76?OE 05/15/C2 05/15/93 LIMt'r y ALL Oa'hia AVToS ROMY WRY SCWEDU = AUTOS X KMU AVTCIS a0vtY V=Y X KON4*ww Auras GARAGE LIn@13. N x PROPERTY DAMAGE S CXCFAt LiAalLrtY TA04OC'CUTAREN.s S UNIIIJUJ a A40REGATS S OTHER THAN umvp uA Pow WORKER'S COMPMAT ON STATUTORY LIMM ....... EACX ACCCOMS AND >a..rotaeY LarII1' s iP1A1>rRa' Lumrff ... ............... DLRfAS —EACR NAPLOM S OTItLA 7 hil"wr imw nr OPRRA-no.m LOCAT1O..vA%*=mL I s=a Mills S U The Certificate Molder IS an Additional Imured ae par policy forms, as T %%C I r rhrir intprAct may Appear- 1 1 C R CATS HOLVER .. :..... C�►nt 1:L►'tYOM :.::: aixmw wY OF THS A>wOOVE' DPSCXI w PQLI= Its C.WCE.LIID ><BF n THE VDIMT1014 DATC TJ<wwor. no 1scwwc; cu%trA,T1Y v4" DtpzAveR TO ?"n- 30 DAYS W F4 i tEa NOTICE TO rrM COMPICATICHOLDER NA),= TO 'IEEE City of Tamarac City Clerk Wr• Wr FA= TO MAIL 9UCK ?KMCEr SHALL VOOSI NO OILICATION Olt liJ 75P5 N.V. Eaeh Avenue L t%WLr Y OF ANY ZWD'LWN Tics CCfW.e.NY. M A004T4 OR REPRESrNTATNFR 7 Tamarac, FL 33321.2401 AUr>30RiLlLD XPRUPITATM • NEXT RISK MANAGEHEI•4T IR/L'C DATC 04M IDE A't� fi. " 03/06/Q3 .:IN `ram.:+ ` ORD CERTI ICATE `OF'. Fonw S CERTIMATE IS ISS`UW AS A )%2A11O Oi PO�ORJNATION ONLY MON"FaiR.S NO RIGHTS UPON TEM CERTMCA78 HOLDER. T®S CF,itTitiCAiE Risk Management DOES NOT AMVM, EX7INI) OR ALTO THE COV AGE AF]PORDED BY THE i William F. Comi0ty, Jr., 1.16 p011CM6BELOW, 19DO GLadea Reed, buite 103 Boca Raton, FL COMPANIES AFFORDING COVERAGE 33431 ............................... - Wiltieln F. Comiskey, Jr. CIC �, .A - � 407 S3>l O4$i *� and ts:rr� ere "If Insurers 1xrra S All Service Refuse Co., Irc, COWANY C Jim Feeley LitrrER 325 M.W. 31st Avenue Fvrt i,auderdaleFL "my D 33311 COWART E Lvr= GES cY PEKOD CCL�''FRA _:.:: r .. ... .;' :. '..; •, ..,;::..i-.•=�:i'',.r,..;....,.,;.;•.:.'-;•:>..:.:::',:.�` .;;,.....;.:..., .z :.'. .,.• VER7RTfiTtP�lOpi� TIDS IS TO C'IA71TY THAT THE POLICIES OF IN URANCZ LISTED I= W HAV Ix SM 16 1ED TO TpH�E V"UREA NAME � TF{ RESPECT �WCX TERMS S WDICATO, NOT%lTrASTAI,'DING A.NY REO;ISRi?.�hiT, 1svv N E AFF TION R TH CONTRACT A O M DOCUMiNT CERTIFICATE ).LAY III ISSVED OR MAY PERTAIN THE SHOWN MAY 7LAYB SEEN RiMt7CED SYEPOLICMD�iPAM IAD�ss� IS SUAJECT iO All OF SUCH POL' EXCLUSIONS AND CONDiT10A5 ' p(CLI,S ... POLICY t"TCTM . P01.1CY I'7111010" LIMIT'S CD Tyra OF LmIwNa FOLIGY NL'aiRIR DATr&wT%rj 'I p&Tx ffq+(R1 FM ' GC'NTBAL UASILI7Y COMMERCIAL CDTUAL LIA>1II.'ry .. CLAVEMACO .00CUIL C*'(TRAMR'S PRCT- • ACY'O%lomE (,lAaa.rrl' ANN AV10 ALL O1+M AVM-1t K-OMDUL I) AVrO+s Kri rn A170S NON•O-WED AUTO• GARAGE LIABLITY 92CRU LIARILM UMRRLU A FORM OT'M THAN LMBRE-L A FORM A wQWOL-SCOMM41ATION AND A CMrLo+7FRR LlAatvry OTHER 1 I DiiMPTIONOFOFERATIO%S/LOCATIOXLrnCC1.Li'FZC3aLrMMS 1E HOLDER City of To=rac City Clerk 7525 N.W. Bath Avtriue TamaraC, FL 33321-2401 Gi9Ca.AL A4GRDGATE _ PRODUCTi•COWW AOO. S VflfevwAl.•AiA'.hHVR7 > t:ACN OcclrR�xc� _ I =DAMAGE (AW Nilm. EA CBE u►�q wr tu++w COMS1r'>1 S{F1CLi S LIFfTi ROMY ............ 0a PerlrrS Y i PRO?MTY DAKA*E S n N` 1T*C�� i CAT: Q;L1 +MON :.................. .............. . SHOULD ANY OF nM ARM DESCRIBED POUC® TIE CANCZ IUD BEFORE THE SXPIRATION DAW a F, r#m IssuWO CCWAKY w rLL WOT.Av01t 70 IrI jL 30 DAYS "MV NoTsa To THE CEIMFICATE HOLDER NAM TO THE IAEf* E, W= FAILU "To MAIL SUCK NCMCII $HALL D,IPOiB 40 OBLIGATION OR ILllI117Y Olt ANY END UPON TfR CORrYAZY, TtS AGEN 01t tRf R> sra�rA�TVFc AgreenientlM—ween tbg CItyand All Sgryicen ' 0. for Furnishingg Since -Family 521id Waste Collectio13 Seryices CITY OF TAN1ARAC PERFORIMANCE STANDARDS I. Single -Family Residential Container Collection (a) Contaner Sizes available: Based on General Industry Standards. (b) ,5 •, i : Two times a week. (c) Hours of OperatiQU: See Section 9.86 through 9.91 of Tamarac City Code (Exhibit B). (d) Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. (e) NV ' : 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. 2. General (a) CONTRACTOR'S 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 pennitting, all vehicles used by the Contractor shall be washed one time per week. (d) The CONTRACTOR shall preserve all public property in the CITY from damatc 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 CONTRACTOR), and wherever such property is damaged due to the activities of the CONTRACTOR, it shall be restored, within a reasonable period of time to, its prior condition by the CONTRACTOR at its own expense. The CONTRACTOR shall act in good faith. 5/5/93 35 11 0 1 1IN .10.1714WIT/ "• f0m-401111MILLIN rim EQUIPMENT INVENTORY FORM Regular Equipment Utilized in City of Tamarac (In Conformance with Article 12.6 of the Agreement) Serial No. Date of Qr VIN t m Description Purchase (To be Provided by Contractor) 5/5/93 36 Months in Service cIMM ni kni --Z I mr. AVFNI. JE S ALL 4 E F U 8 1 MACK/LEACH 31 YARD 1*01091 MACK/LEACH 31 YARD TAG# M3311 VEH# 1MZKl MACK/LEACH 31 YARD 593-163© C I r-- . - . C I K I 0 rtr n % h i f r v' Refuse r ni. Si-FaSinglt-Fa ily Solid Waste F HTBII"F,l City of Tamarac PERFORAIANCEICOMPLIANCE CHECKLIST Submission(s) 1. Contractors Work Plan on Document(s) that show how the Company intends to satisfy the conditions of the agreement. 2. Is complaint log maintained in accordance with Article 12.3 of the agreement? 3. Is Labor Force provided? 4. Has CONTRACTOR maintained the following insurance as required in Article 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 CON TRACTOR supplied the CITY with the required Performance Bond, Letter of Credit or other Bond? S. Reference list provided and verified by review? 9. Is the Inventory of Equipment available for review? 10. Is there a designation of authorized representative? and local address? 5/5/93 37 YM & Agreement 0 fQr i 1 11 Refuse Company. Furnishing 1 ll.CgUution Services EXHIBIT "G" BOOKS AND RECORDS &' t iui n s Y.0 Ni 1. Annual Report of CONTRACTOR by a CPA. 2. Is there evidence of food management controls? 3. Are there bank references? 4. Are federal taxes satisfied? 5. Gross Receipts: 6. Accounting Standards - In Conformance with Article 17.11: CONTRACTOR shall provide the CITY with a quarterly notarized . statement from an authorized representative of the CONTRACTOR certifying the accuracy of the quarterly franchise fee pay- ment. 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. __. 0 5/5/93 38 s 0 40 17076 T1 1 i� 04 I W4.66II Ift to" CITY INFORAIATION 1. PEN MRAPHICS: (a) Population: (b) Geographic Area: 2. JULIIS SERVED: The City certifies that the 1992. 46,000 (Final 1990 Census) Approximately 12 square miles units shown below are being serviced as of October 1, (a) Residential service 11, 9R 1 * Accounts (Single -Family Homes) (b) Container service 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. 5/5/93 39 Agreementrva 1 the Cily 1 1/ AllService Refusc Company.Inc. /T-F-uj:1]ish1nC Single -Family SolidWaSle CgIlectign Services R."', Ord � PERFORMANCE AND PAYMENT BOND 1. BY THIS BOND, We hereinafter called the "Principal," and surety insurer(s) authorized to do business in the State of Florida, hereinafter called the "Surety" or "Sureties", are held and firmly bound unto the City of Tamarac, BROWARD COUNTY, FLORIDA, hereinafter called the "Owner", in the sum of, (S ) for payment of which we bind ourselves, our heirs, our • personal representatives, our successors, and our assigns, jointly and severally. �J 11. WHEREAS, the Principal and Owner have reached a mutual agreement as of (the proposal award date for projects subject thereto; said a`reement 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. 111. A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL: 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(I), 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 5/5/93 40 0 3. Shall pay Owner for all losses, damages, expenses, costs, and attorney's fees, includinc, those 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. III. 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 (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 Statutes. 5/5/93 41 0 THIS BOND DATED THIS DAY OF $ 19 ATTEST: WITLESS AS TO ALL WITNESS AS TO ALL 5/5/93 PRINCIPAL (Printed Name) BY: (SEAL) Authorized Signature (Principal) I.Ora 42 As Attorney in Fact (SEAL) STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY, that on this day of 19 , before me personally appeared 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 purpose therein mentioned. VA'lTNESS my hand and official seal the date aforesaid. Notary Public, State of Florida at Largc • My Commission Expires ATTEST: SURETY OR SURETIES (Printed Name) WITNESS AS TO ALL WITNESS AS TO ALL M Authorized Signature(s) (Surety or Sureties) (SEAL) BY: (SEAL) As Attorney in Fact 5/5/93 43 • an, 1117111111. Run, Irmll.m. 111MINIRri M III, f1joilljIMIMMI&I_ J 1 • - l I 1 STATE OF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY, that on this day of 19 , before me personally appeared and to me knoNvn 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. `VlTNESS my hand and official seal the date aforesaid. 5/5/93 20 Notary Public, State of Florida at Large My Commission Expires: << _APPEN 11 1, QUARTER OF 19__ as of All Service Refuse Company, Inc. do hereby state under oath that this statement together with the documents attached hereto constitute all Gross Receipts for the quarter of 19 - collected by CONTRACTOR in accordance with the terms of that certain Agreement dated May, 1993 between All Service Refuse Company, Inc. and City of Tamarac furnishing Single -Family Solid Waste Collection Services. Gross Receipts x Franchise Percentage Amount Remitted To City M. 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, 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. 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 T.D. Produced ! ) DID take an oath, or ( ) DID NOT take an oath. 5/5/93 45