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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1994-013r 0 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 94- /3 1 Temp. Ord. # 197 Revised 9/19/94 A ORDINANCE OF THE CITY COMMISSION 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 MQYIQING FOR AN EFFECTIVE D6 , WHEREAS, the City of Tamarac is authorized to enter into franchise agreements with garbage and trash collectors; and WHEREAS, Article 4 of the May 11, 1993 Agreement between the City of Tamarac and All Service Refuse Company, Inc. for residential single- family waste collection provides that this Agreement may be renewable for five (5) year periods by the City; and WHEREAS, the City has exercised its option to renew the terms of the Agreement; and WHEREAS, the City Manager has negotiated agreement terms and conditions with the contractor; and WHEREAS, the Assistant City Manager and City Manager recommend approval of the Agreement; and I 2 Temp. Ord. # 16 9 7 Revised 9/19/94 •�.,�' a franchise �dHERHEAS, il18 City Agreement to All Service Refuse, Inc. for residential single-family waste collection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. That the appropriate city officials are hereby authorized to execute the Agreement between the City of Tamarac and All Service Refuse Company, Inc. for residential single-family waste collection attached hereto and made a part of hereof as Exhibit "A". • All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. • If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SEQTIQN • This Resolution shall become effective immediately upon its passage and adoption. 3 Temp. Ord. #1&9 7 Revised 9/19/94 APPROVED ON 1 ST READING this aay of APPROVED ON 2ND READING this"'-2 day of 1994. NORMAN ABRAIA WITZ MAYOR ATTEST: CAROL A. EVANS CITY CLERK 1 HEREBY CERTIFY that I have approved this RESOLUTION as to form. V v MITCHELL S. KRAFTV MAYOR CITY ATTORNEY DIST.1: DIST. 2: DIST. 3: DIST. 4: RECORD OF COUNCIL V= ABRAMOWITZ ,0-4,,,e ,". Aw V/M KATZ�. C / M MISHKIN— C / M SCHRE!EER C / W MACHEK tolk" f07.fl _ I � A AGREEMENT » BETWEEN E CITY OF TAMARAC L ALL SERVICE REFUSE COMPANY,-INC. ro FURNISHING SINGLE --FAMILY SOLID WASTE COLLECTION SERVICES This is an Agreement dated the day of L7 Aq', 1994, between THE CITY OF TAMARAC, a political subdivision of Broward County, Florida, its successors and assigns, (hereinafter referred to as "CITY"), through its City Council, and ALL SERVICE REFUSE COMPANY, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR"). W I T N E S S E T H In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: ARTICLE 1 Definitions 1..1 B OHAZARDOUS WASTE: Shall have the meaning set forth in Section 403.703 Florida Statutes, as amended from time to time. 1.2 HAGS: 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 T e: Industry standard 33 gallon garbage bags that are manufactured and sold for residential use by the average consumer. Logo T e: Bags shall be imprinted "City of Tamarac" and shall display the City logo with.the following copyright information: "(01990 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. r �- water 1.3 HII�_WASTE :Stoves , furniturerefrigerators, other tanks, waste washing machines, 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 * n? hip l.ky i tem i.s placed for collection. 1.4 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 four (4) feet in length. The total weight of a bundle shall not exceed forty (40) pounds. 1.5 CITY: Shall include the City Council of the City of Tamarac, Florida. 1.6 CONDOMINIUM: 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 CONTAINER: 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. 1.9 CONTRACT ADMINISTRATOR: Shall be City Manager and/or his designee. 1.9 CUSTOMER: Shall include any single-family or residential service unit and the owner thereof within the corporate limits of the City of Tamarac. 1.10 CU BSIDE: 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 DEAD ANIMALS: Dead animals shall mean any four legged, two legged fur, fin, feather livestock, household pet or otherwise. 1.12 DISPOSAL SIT ' A site or facility legally empowered to accept solid waste for treatment or disposal as approved by the City of Tamarac, 2 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 ur SLurcoye vi mGcts, ii5ii, 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 GARBAGE CAN: A metal or plastic container that has a closed bottom, handles for lifting and a lid. 1.15 GARDEN AND LAWN TRASH: All accumulations of grass, leaves shrubbery, vines, tree branches and 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 H Z RDOUS WASTE: 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; Ignitability - they 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 HgRSE40LD T H: 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 PERFORMANCE BONDS: Shall mean the form of security approved by the city and furnished by the CONTRACTOR as a guarantee that the CONTRACTOR will 3 execute the work in accordance with the terms of the agreement and will pay lawful claims. 1.20 PRODUCER: An occupant of a residential unit who generates refuse. 1.21 PROPER VEHICLES:- v ahicic is not in violation of any provision of this Agreement is a proper vehicle. 1.22 REFUSE SOLID WASTE: Garbage, rubbish, bulky waste, household and other discarded matter within the corporate limits of the city. 1.23 REFUSE REGUL T ONS: All administrative rules, regulations and procedures that may be established for the purpose 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 RrkSIDENTIAL SERVICE (SIJIG4Z FM Y : All refuse curbside collections service provided to houses, duplexes, triplexes, and residential dwelling units defined on the Broward County tax rolls as single- family within the service area. 1.25 RUEIBIS 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 Construction Debris, Garbage, Hazardous Waste, and special Waste. 1.27 SCOPE of WORK: The work under this Agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 1.28 SERVICE AREA: City limits of City of Tamarac. 4 1.29 SPECIAL SERVICE: Any collection or disposal service provided which exceeds the uniform level of service provided under residential service systems, per the agreement, and for which a special service charge is applied. 1.30 SPECIAL WASTE: All waste wi►ic h uy she i'tature 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, flammable, explosives, radioactive materials or liquid waste, or any items that may not be lawfully disposed of at the disposal utilized by the CONTRACTOR. 1.31 SURETY: 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 performances of the agreement. 1.32 CT T: Shall mean the place of residence of a customer. 1.33 VENDOR: Any major CITY/CONTRACTOR approved retail establishment that CONTRACTOR distributes bags. 1.34 WHITE GOODS ND FURNITURE: Discarded refrigerators, ranges, washers, water heaters and other similar domestic appliances. 1.35 YARD TRASH - REGULAR.'- All vegetative matters resulting from yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds or small tree branches which shall not exceed four (4) feet in length and four (4) inches in diameter 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. ARTICLE 2 Grant of Franchise In consideration of the CONTRACTOR'S performance hereunder and compliance with the covenants and conditions set forth herein, and M Lin 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 w i t , tre ==rpo""3 to zi�nic.Qd 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 continued to provide for and promote a curbside recycling program of at least the items in its current program (newspaper (ONF), aluminum (UBC) and clear glass (FLINT). ABTXCLN 3 Fees/Revenues 3.1 STR ET USE FE S: 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%) of its Gross Receipts collected from residential solid waste customers within the corporate limits of Tamarac.Paftertthehall be due end of the no later than thirty (30 ) days quarter on revenue received during the 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 6 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 fee. If, as a result of -.n a nr+,.�a audit pursuant to 8 .2 ; there is a discrepancy 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. The delinquency provisions of Section 3.3 of this Article shall apply to any such difference due and owing the 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 Agreement shall not be added on as a separate item on the resident's garbage collection bills, but rather shall be considered as an operations 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, DIRxDays Payment Late=interest Charge (DIR) NOTE: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws. 7 3.4 T P ING FEE CREDIT: 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 inivTF rticle TOR that new technology is 9 if ut�.lizea� by xcess of the provides verifiable cost of such technology cost thatybenefit ngs in eCUSTOMER and CONTRACTOR. The tipping fee credit shall be computed using the information supplied by CONTRACTOR as required in Article 8. 3.5 CONSUMER PRICE INDEX CP ADJUSTMENT: If this agreement is not terminated as provided herein, on January 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any in the Miami Urban Consumer Price Index (CPI) for the twelve (12) month period ending the previous September 30. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between December 1 and December 31 subsequent to the twelve (12') month period, to petition CITY by filing a petition with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City Council that the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Council and shall be final and binding. 3.6 AVOIDED COST OF DISPOSAL: CONTRACTOR shall provide to CITY an avoided cost of disposal fee based on the increase in recycling materials and a reduction of generated waste curbside. CONTRACTORsis (by the eshall remit to CITY on a quarterly ri quarterY an avoided nd of the first month following c cost of disposal based recycling pertonnage month over twenty ( ) pounds per calculated as follows: Monthly overage of pounds under 'imes (x) it of `� recyclables minus (-) 8 number of units times (x) 3 months divided (-) by two thousand (2000) pounds times (x) the tipping fee equals (=) the quarterly avoidance fee. The following example is for illustrative purposes only: (26-20) x 13,536 x 3 - 2000 x $75.$7 = $9,447.64 ARTICLE 4 Term 4.1 CONTRACT TERMS: The term of this Agreement began on June 1, 1993 and.is extended by this Agreement which shall expire December 31, 1999. 4.2 OP ION (EXTENSION): 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 RENEWAL TERM: 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. ARTICLE 5 scope of Services 5.1 GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS: 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 (a) FREQUENCY OF WASTE COLLECTION: 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. b 1 HOLIDAY SC PULE: 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 garbage the next regular collection day. Residents will have the option to 0 place an unlimited quantity of garbage curbside on their next regularly scheduled pickup day after Christmas Day. (b)(2) CONTRACTOR agrees to pick up all Christmas trees +laced C1.ir. bs i.de during the f first week of January following Christmas day at no additional charge to the resident. c UANTITY: CONTRACTOR shall be required to pick up garbage and rubbish as follows: A resident ebagsient may two place two ( 2 ) cans ocbags or or (2) bundles or any combination of cans bundles not to exceed two (2 ) i excess number on any of two pick (2 ) up day. If garbage5 in 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 made waste collections on a Sunday during times of emergency conditions. (c)(3) gBalkyWaste - bulky and heavy items shall be placed at the appropriate refuse location as specified in Section 5.4 of this Agreement. (c)(4) Ca d oard - Cardboard is presently commingled with the collection local garbage. or rule the event that any State or 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 C , S recycling hauler contracted by RFPh process at e CITY'�S option. 5.3 COLLECTION RE UIREMENTS: (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. 10 (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 cars. bundles not to excPpd two in number on any pick up day. (a) 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 HOVRs OF COLLECTION: collection shall, begin no earlier than 7:00 a.m. and shall cease no later than 7:00 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. 5.5 POINT OF PICKUP: 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 S RVICE: 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 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. 11 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 be CONTRACTOR and customer. Requests for special C:larycs for sNeci�l „cr-� ices shall pickup sex•vices. not be unreasonable or excessive. 5.8 WASTE COLLECTION: CONTRACTOR shall make collections with a minimum of noise and disturbance. Containers shall be handled carefully by CONTRACTOR and shall be disposed in sanitary manner. any waste spilled by the CONTRACTOR shall be picked up and removed by CONTRACTOR. 5.9 BYLE WAS E COLLjg I :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 is 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 toed 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 required 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. 5.11 VA ANT LOTS: It will not be the responsibility of CONTRACTOR to remove waste resulting from cleng property for building purposes,specifically contracted to do so. 5.12 (a) MDNICIYAL SERVICE: 12 (1) CONTRACTOR shall provide CITY with containers and service at the following locations at not cost to CITY: M ICIPAL LOCATIONS FREE OF CHARGE MINIMUM SIZE 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 eight (8) may be specified by the City Manager. (2) CONTRACTOR shall provide such service at a reasonable frequency to be determined by the City Manager. CITY shall have the right to use mechanical containers, commercial type cans, containers or bags with the size and weight limits prescribed herein. CONTRACTOR shall supply the CITY dumpsters at no charge for solely CITY sponsored events including but not limited to the 4th of July celebration. 5.13 XVNICIPAL CONTAINER INTENANCE: All containers provided by CONTRACTOR for CITY shall be maintained no less than annually. CONTRACTOR shall not be entitled to a fee for this maintenance service. 5.14 MUNICIPAL REGUL TION OF COLLECTION CONTAINERS (AT CITY LOCATIONS ONLYI: CONTRACTOR shall provide CITY 13 with appropriate containers for corequirements;diemofsolid waste, subject to the following such containers shall be constructed according to All the generally accepted industry roll off containers shall be covered to prevent the scattering of the containers contents while in transit. All such r.onra ri�ws 5[!dit be t_leaned and maintained on a regular basis by CONTRACTOR so as to be in good repair. All containers shall be clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height. CONTRACTOR shall replace any damaged container within forty-eight (48) hours if notified by CITY. . 5.15 CONTRACTOR shall work with CITY to resolve any unforeseen problems that may arise during the term of the agreement. This includes, but not limited to, providing extra crews and equipment in times of emergency, provided 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 CIT'1, under terms and conditions pursuant to Article 6.3 of this agreement. 5.16 CLUBHOUSES: Clubhouses shall be defined as a common area facility 1. service any homeowner association available to all parcel owners and their guests for recreational activities, meetings and events. CONTRACTOR shall provide garbage collection service to clubhouses in the single-family service area that require garbage service. CONTRACTOR shall pick up no charge, up to two (2) containers twice a week. Additional CONTRACTOR for special service. e shall be placed in CITY logo bags ARTICLE-6 Schedules and Routes 6.1 ROUTES OF CO L C TON: 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 long nend t the unreasonably withheld. CITY may g as such collection routes annuallye the cost of so amendments does nservices contemplated here�nTRACTOR to provide 14 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, CONTRACTOR 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, after negotiation 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 QUALITY F UCTUATIONS: 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. 6.3 STORM/DISASTER: In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Listed below is the equipment which may be necessary for storm or disaster clean-up in the City of Tamarac. This equipment shall be supplied on an "as needed" basis. 1) Boom Truck - International chassis with an Iowa Mold Tooling (IMT) 64235 crane and a one yard clam bucket or equivalent. 15 6.4 ruck th a 2) Rear Loader Truck - Mackchassis one t(3 ) wlyard Leach 2RII Packmaster body or equivalent. 3) Roll Off Truck - Mack chassis truck with a Marc:n rio.Ls�- anu a thirty (30) yard Hesco Roll Off container or equivalent. As of October 1, 1994 the charges per hour for usage of this equipment will be as follows: Boom Truck 85.00 er hour (with driver/operator) $ /p Rear Loader Truck (with driver plus 2 helpers) $110.00/per hour Roll Off Truck $loo.00/per hour (with driver/operator) The foregoing prices and costs are subject to adjustment set forth in section 3.5• 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 to prior written authorization from City Manager 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 pr°deCITY itswith claimssufficient for records additional clearly support compensation. X1gCELLANE0US: Employees of CONTRACTOR shall not be required to expose themselves to the danger of gs or other animals in order to being bitten by do accomplish refuse collection where the owner or tenants have such animals at large. CONTRACTOR shall immediately notify CITY in writing 16 condition and of its inability to make collection because of such condition. `i 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 facilities or to any transfer station which may hereafter be utilized in the future by CITY'S and approved by Broward County (such site hereafter call 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 CONTRACTOR pursuant to this agreement shall be carried out in a confident and business -like manner and in compliance with the standards and specifications set forth in the attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any subcontractor without written prior approval by CITY. Any revision or establishment of new performance 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 conforming with any changes in the performance standards, shall be negotiated by CONTRACTOR and CITY in good faith. (INTENTIONALLY LEFT HLANR) 17 ARTICLE 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 CONTRACTOR. fees at facilities used by City'Council and adjustments shall be approved by 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 recog izes that all of rate increases must be approved by 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 landfill/ incinera others s sal Site and/or Broward County or any 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 18 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 RECORDS! 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 hereof. No original notes or work papers can be removed from this inspection location. 8,3 BILLING: (a) CONTRACTOR shall supply VENDOR with CITY approved bags for resale to single-family residential customers. 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 services. (b) CITY shall provide CONTRACTOR with a list of all VENDORS including name, address, store identification and telephone number. (c) NON-P YMENT__by CUSTOMERS: CONTRACTOR may temporarily discontinue a customer's service for non-payment if a customer's account, bill or other charge is not paid within thirty (30) calendar days after the date rendered, the CONTRACTOR will. mail a notice to the customer and property owner. The notice will inform the customer that if payment is not received within forty-five (45) days from the original rendering date, service shall be discontinued and the premises of such delinquent 19 customer shall be disconnected from the CONTRACTOR'S collection system. -_� (d) Any customer contesting his bill is entitled and has a right to a hearing before an employee of the CONTRACTOR with authority to waive or modify charges imposed by the CONTRACTOR in the event of overcharging or charging for services not rendered. The CONTRACTOR or his designated representative is authorized to meet with any customer contesting the bill and waive or modify charges imposed by, the CONTRACTOR in the event of overcharging or charging for services not rendered. (e) if any bill is not paid within forty-five (45) calendar days from the original due date of payment, the service shall be discontinued, and the premises of such delinquent customer shall be disconnected from the system of the CONTRACTOR immediately upon the expiration of forty-five (45) days. (f) 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 percent (1%) 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. (g) All moneys owed the CONTRACTOR for service shall be deemed liens on the property, which liens may be filed in the official records of the county, and foreclosed by the CONTRACTOR in the same manner provided in the Mechanics' Lien Law of the state (F.S. section 713.01 et seq.). (h) After termination of service pursuant to this division, such service shall not be resumed to the same premises until the customer or the property owner reimburses the CONTRACTOR for all service charges, together with any and all special expenses (such as for special trips, inspections, additional clerical expenses, attorney fees, etc.) incurred by the CONTRACTOR on account of the customer's violation of the contract for service. (IMENT LEFT BLANK) 20 (i) CUSTOMER DEPOSITS: Obtaining customer deposits by CONTRACTOR is an option to be exercised only in the event that quarterly bill has not been paid by the end of the forty-five (45) days from the original rendering date. 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 percent (50%) 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 on a quarterly basis. (j) 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 SCHEDULE: (a) where the balling 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 lasting of all accounts for which no collections were received after sixty (60) days, a listing of all collections and 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. 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 21 monthly updates including additions, deletions and changes of customers. 8.5 CATION CREDIT: CONTRACTOR shall provide a one month vacation credit to any unit that is vacant for one month or lwncer. Customer shall notify CONTRACTOR in advance of vacation schedule to receive vacation credit. 8.6 TONNAGE R PORT: 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. ARTICLE__ 9 Compensation 9.1 C MP NSATION - 81 GLE FAKILX RESIDENZIALSERVIC : Contractor shall be paid the following sums for all services that it provides within the CITY. (a) $11.88 per month, per single family unit, and $90 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.. ABT C E 10 units Guarantees 10.1 G=ENS: 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. I L° Contractor's Local Office 11.1 0FrIcE1MANAQINa AGENT Throughout the term of this Agreement, CONTRACTOR shall establish or maintain a local 22 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 notice may be served. Service upon CONTRACTOR'S agent shall always constitute service upon CONTRACTOR. 11.2 Fi0i7RC: Cw, �F' ' uo :1 �*f :;.c-c 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 STAFFING: 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, recorded all complaints, and,.resolve all legitimate complaints as outlined in Article 1.2.3 in an expeditious manner by the end of the next business day. ARTICLE 12 Contractor's Relation to City 12.1 INDEPE DENT CONTRACTOR: The relationship of CONTRACTOR to the CITY shall be that of an independent CONTRACTOR, and non principal -agent or employer -employee relationship between the parties is created by this agreement. By entering into this agreement with CITY, CONTRACTOR acknowledges that is 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 CUSTOMER COMPLAINTS: CONTRACTOR shall perform every reasonable act to provide a service of high quality and keep the number of legitimate complaints to a minimum. In order that CITY may be fully informed of the quality of the service, CONTRACTOR shall arrange the handling of complaints in substantially the following manner; all legitimate complaints, whether received in person, by mail or by telephone, shall be reported in 23 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 served before 5.00 P.M. that day. Complaints received after 12.00 noon shall be served before 12:00 noon on the ,. ...,.. M71,�rt+r,r, ..Mall be following caieriddi ua]/ . .r o %�.,..---�.. 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. 12.3 DISCRIMINATION PROHIBITED AFFIRMATIVE ACTION: CONTRACTOR, in the execution, performance, or attempted performance of this agreement, shall not discriminate against any person or persons because of sex, race, religion, color or national origin, handicap or marital status. CONTRACTOR'S employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1,977, and the American Disabilities Act of 1992), understand and agree that this agreement is conditioned upon the veracity of this Statement of Assurance. CONTRACTOR herein assures 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 CONTRACTOR its protective range of applicability. must be an Equal Opportunity Employer and have an affirmative action plan and not discriminate on the basis of handicapped status. 12.4 LAB OR^ FEE: (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. 24 (c) Each Driver shall at all time, 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 E UIPMENT: 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 VEHICII AR I ENT C TION: 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 nits vehicle an identifying number and shall mark the same upon said vehicles in figures not less than five (5) inches in height. r*-1 12.7 H T AND SANITATION: CONTRACTOR shall establish and enforce in its operations and among its _ employees such regulations in regard to cleanliness in the collection of solid waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. CONTRACTOR shall maintain as its sole cost and expense copies of all permits and licenses required for its collection of residential to or Federalvices Governmentr from the City, County, ,ARTICLE 13 Performance Evaluation and Monitoring 13.1 R GAT 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 of its own selection, shall party Contractor performance, including evaluate technical reliability and schedule performance, and program management. Contractor shall pay a one-time 13.2 F C ISF contract fee of $25,000.00 to the City of Tamarac at the time of contract extension and final execution of agreement. There shall also be a similar one-time fee for any five year renewal term. 13.3 FB'Y'E PERFORMANCE AND EVALUATION OF MONITORING ER-Og STS: 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 disagreement with any such cost within thirty (30) days after receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be paid on or before forty-five (45) days after receipt of costs such reimbursement shall not exceed an aggregate amount contract. of $15,000.00 one time during 26 13.4 NON-COMPLIANCE BY THE CONTRACTOR: 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 day for each day that such Act of Non -Compliance shall continue beyond the period of time established to cure the Act of Non --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 CITY RESERVE RI 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 charge 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 PERrOpM MCEPOND: 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 a form acceptable to the City Attorney and said security Far] shall be provided for the term of this Agreement and in an amount equal to Two Hundred and Fifty Thousand ($250,000.00) =01 securities toCTOR coverhall the provide such security 0 full term of this agreement without lapse. Lapse of security shall be deemed a material breach. The initial 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 Attorneyve the is hereby delegated the authority rm 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 conreturn of any Cash Bond n Deposit with entitledCONTRACTOR shall be the CITY the within ten (lo) business days. 13.7 LIAB LITI S FOR DE YS OR NONE -CONE' CE: Due to Unusual Circumstances: (a) It is expressly agreed that in no event shall CITY be liable or responsible to CONTRACTORor 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, forwhichor on CITY hascount of no controly delay for any cause (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 r non-performance ° shall cont nu ensation o e� time as a delay AA T�LE`L Default of Agreement 14.1 D F ULT OF CO T: If, in the opinion of the City Manager, there has been a default of the Agreement, City Manager shall notify CONTRACTOR in 28 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 d 2iear ing 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 DEFAULT: _ 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, as its sole option, may extend the proposed date of termination to a later date. If, prior to the proposed date of termination, CONTRACTOR cures such default then the proposed termination shall be ineffective. If CONTRACTOR fails to cure such default prior to the proposed date of termination, then CITY may terminate CONTRACTOR'S performance under this Agreement as of such date. 14.3 POST--TE1tMINATI N S VICE$: Upon the effective date of termination as contained in the above notice referenced in 14.2 of this Agreement, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Agreement and shall proceed to cancel promptly all existing orders chargeable to this Agreement. Within ten (10) days of receipt of notice of termination, CONTRACTOR shall submit to CITY monthly reports and revenues required under this Agreement to the day of termination. 14.4 REMEDIES: S: 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 29 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 ui' to anY p=cperty 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. (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. (e) CITY may exercise its rights under Article 13.4 non-compliance by CONTRACTOR in this Agreement. T C E 15 Indemnification INDEMNIFICATION: 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 officer, 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 Law (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 gEljEL: CONTRACTOR shall not commence work under this Agreement until it has obtained all the 30 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 an additional 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 an additional named insured on all insurance policies (except Workers' Compensation). Certif icates 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 that 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 WORKERS' COMPENSATION INSIIRANCE: CONTRACTOR shall maintain, during the term of this Agreement and any renewals, Workers' Compensation Insurance on all of its employees to be engaged in work under this Agreement, and shall require the same from any subcontractors used. In the event that any class of employees engaged in hazardous work pursuant to this Agreement is not protected under the Workers' Compensation Statute, CONTRACTOR shall provide adequate employer's liability insurance for the protection of employees not so protected. 16.3 COMMERCIAL (COMPREHENSIVE) (3ENERAL LIABILITY SURANCE: 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 1,000,000.00 combined single limit coverage for bodily injury, death and property damage (except automobile). Coverage A shall include premises, operations, products and completed operations, independent 31 bility ing this contractors, contractual and broad form property agreement or contract, 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 AQTOMOBIL INS CE: 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 le ily injury, death, and property damagea 16.5 EXCESS LTMBRELL LIABIL T : 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 S pE 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 an additional named insured on all of CONTRACTOR'S insurance policies provided for herein. It is the intent of the parties that the CONTRACTOR'S insurance policies shall be primary to any insurance carried by the CITY. 16.7 LOCAL a FOR 8 CE BONDI : The insurance and bonding companies with whom CONTRACTOR'S insurance and performance bonds are written shall be licensed to do business in t he 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 serviceand power to actaonbbehalf e had, and must have authority p y to of the insurance and/or bonding company negotiate and settle with CITY, or any claimant, or any property owner who has been damages, may have against CONTRACTOR, insurance, and/or bonding company. The name of the agent or 32 agents shall be set forth on all such bonds and certificates of insurance. CONTRACTOR shall keep the required insurance in full force and effect at all times during the term of this CONTRACT, and any renewals thereof. CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form furnished and approved by CITY, evidencing CONTRACTOR has obtained the required insurance coverage. At the request of CITY the original policy shall be provided for inspection. All policies must prove that they may not be changed or canceled. by the insurer in less than thirty (30) days after CITY has received written notice of such change or cancellation. Such insurance amounts may be reviewed upward at CITY'S request, and CONTRACTOR shall revise such amounts with thirty (30) days after receipt of such request. CONTRACTOR'S insurance certificates shall be updated and posted annually with the CITY. TI LE 17 Miscellaneous Provisions 17.1 VENUE: This agreement shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 17.2 TINE IS OF THE E ENC : 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 RIGHT Tg REQUIR9 PERFORMANCE: 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 provisions itself. 17.4 FORCE MAJEURE: Neither CONTRACTOR nor CITY shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of CONTRACTOR. W 17.5 PRIOR CONTRACTS: This agreement supersedes and _ replaces all terms related to single-family and family residential service in the agreement between City of Tamarac c and All Service Refuse Co. Inc., dated May 20, 1993, and effective immediately, whlcn agreement. of klay 20, !993, upon the effective date of this agreement shall be null and void and of no further force and effect. 17.6 A R V L BY CIT COUNCIL: This agreement shall not be considered fully executed or binding or effective on CITY until the same hall be Cltyved and accepted by the. City Council of 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 C MAP YANCE WI L WS: CONTRACTOR, its officers, es, and contractors, shall abide by agents, employe 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 RIGHT TO P ODIC RNYi S: CITY shall have f then right to conduct periodic P eCONTRACTOR review and consider the performance regarding its compliance with the material terms of the franchise, any amendments desired by CONTRACTOR, the need for any future new services, and potential amendments to the franchise reflecting service requirements 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 CUMGES IT LAW: Should the state of Florida, � iay, o County, United states or Federal agency, thereof ny State or Federal Court, or any agency 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, 34 CITY shall be authorized to determine whether a material provision is affected in relations to the rights and benefits conferred by the Agreement. Upon such determinations, CITY and CONTRACTOR shall negotiate in good faith to modify or amend the franchise to such extent that 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 A CO M ING STANDARDS: 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 ABILITY.DF CONTRACT: No assignment of this agreement or any right accruing under this agreement shall be made in whole or in part by the CONTRACTOR without the express written consent of CITY; such concern of CITY shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of CONTRACTOR. 17.12 ErrEgTM DAT : This agreement shall be effective upon the execution of this agreement and performance of this agreement shall being on the commencement date set forth herein, 17.13 LICENSES AND TAXES: CONTRACTOR shall obtain all licenses and permits (other than the license and permit granted by CONTRACTOR) and promptly pay all taxes required by CITY. 17.14 PAUGRAPg HEAD GS: 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 MIRE co CZ: This agreement constitutes the entire agreement and understanding between the parties relating to the subject matter, and it shall not be modified, altered, changed, or amended in any respect unless done so in writing and approved by the City Council of the City of Tamarac, Florida. 01 17.16 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy (voluntary or involuntary) or insolvency of CONTRACTOR. In the case of bankruptcy, such termination shall take effect on the dayand the time that the bankruptcy action is filed. 17.17 N TO ,ICES_: 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: CITY3 City Manager Designated Agent for the City of Tamarac 7525 Northwest 88th Avenue Tamarac, FL 33321-2401 (305) 724-1 30 CoRAc OR:_ Harold Carter Designated Agent for All Service Refuse Co 825 NW 31 Avenue Ft. Lauderdale, FL 33311 (305) 583-1830 with a co to: With a SORY to: City Attorney Mr. Harris W. Hudson City of Tamarac c/o Hudson Management Corp. 7525 Northwest 88th Avenue 200 E. 1420 as Olas Blvd. Tamarac, FL 33321 SuiteFt. Lauderdale, FL 33301 (305)� (305) 761-8333 CONTRACTOR may change the address and/or agent upon written notice as above. 17.18 MMORCErs 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 ADDENDMAnA E = S: The provisions of the foregoing 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 betweeendix I and AppendixExhibits ll,are C, D, E, F, G and H, App incorporated herewith and fully set forth. 17.20 SEVERABTLI Y AND UNENFORCEABL VI PR SIONS: If any part, section, sub -section, or other portion of this agreement is declared void, unconstitutional, or invalid for any reason, such part,the prescribed sub- section, or other portion, o 36 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 remaining full force and affect, CITY and CONTRACTOR declare the no invalid crii p; c i.� vr, 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 gggD FAITH: 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 MVAL COMENZ: 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. 17.23 SON -WAIVER OF POWERS AND REOULATIONS: 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 if 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. ENT ONA LrkFT BLANK) 37 Agreement Between cit of Tamarac and All Service Refuse Com an Inc. for Furnishin Waste SiSin le-F'amil Soli collection Services This Agreement shall be effective this day of , 1994, which shall be the Commencement Date hereof. THE TY OF TAM4kRAC, FLORID Date:By: Norm n Ab m o w i 7nBy: Robert S. e, Jr. ATTEST: City Manager BY: Date: Carol A. Evans City Clerk Approved as to form*(� By: Mitchell S. Kraft city Attorney STATE OF FLORIDA COUNTY OF 09awA-RD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in to A1odM�u�r3jtaforesaid n� o°Vr� MAy0R t' take acknowledgments, personally appeared ,�U�3� IS, /_V ,, c `ry rl,¢n/ �, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. vl✓ y WITNESS m hand and official seal this day of .._.................. 1994. - -+� NOTARY PUBLIC STATE of nORIOA MY COMMISSION EXP. NOV. 60994 (Name of Notary Public: BONDED THRU GENERAL INS. UND. . Print, stamp, or Type as Commissioned) {'fi I C f A- A4A-RC U /Z r 0 � (�) Personally known to me, or ( ) Produced identification Type of I.D. produced ( ) DID take an oath, or (,/) DID NOT take an oath. 38 r, &Ueement Between City of Tamarac and All Service Refuse Com2anv, Inc. for Furnishing single -Family solid Waste C llection Services ATTEST: By: Co Borate Secretary (Corporate Seal) STATE OF FLORIDA COUNTY OF CORPORATION: y By: •• �� Vic c -President Contractor I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afo esaid to take acknowledgments, personally appeared ,. f 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 /q. day of ��U 1994. -AME T. EWOTT (Nue of Notary Public: E 69M, May21. Ml Print, Stamp, or Type as Commissioned) �� nn G Ato ( 0 Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (,-j DID NOT take an oath. f.%dxum=kw01k92-3334\hmiudjer 39 i � y Lii ►ai+i n 6-0 Exhibit "A" - Service Area Exhibit "B" - City's Noise Ordinance Exhibit "C" - Contractor's Certificate of insurance Exhibit "D" Performance Standards Exhibit "E" - Equipment Inventory Exhibit "F" - Performance Evaluation Plan Exhibit "G" - Books and Records Exhibit "H" - City Information Appendix I - Performance and Payment Appendix II - Contractor's Affidavit of Gross Receipts Temp.Ord.1697 PAGE #1. OF "EXHIBITS" ' . � 1! ' 1 i � " 1 _1 ' , 1 e l l e _ c a l � MI ► ' 1 11 ! s ! 1 EdH—m 111 .. A SERVICE AREA (see Attached Map) Temp. Ord. #1697 PAGE #2 OF "EXHIBITS" ORD. 94-1697 Exhibit "A"' v� pr ^ ^ w r a .. W ^ - ^""�2".,•""wJ. a ��SSWSSSSE a � 3g�� ' ,� ����►e�a a x: i a m - • n i W i •"a11 F fr��.an�����y��p�- ���il3dSdd5!Sj��1 fi. F'f ` .rr. - F �1�ad�€3Jj ff� u. S'u:u u LLI 5 Jim 461 pgi} lilt PHD .II x y a •. 0Z a: a a W a►x IA q;�9#i� iI�S13lliz�l ! M��3s5533 n N I // �,": ao ,W "i I , A 1 � y.r s •ns , nr i7 � � � � �_� 3 7a S i SS19 �ti co;_,� • in i q � e lip F y y 7 } " fir" ++vr�aIV, .�ps-,-- -�- Lo Eta Jr � I �. •A... � � w e r r, •�11�.7• ° y "S� 3 F�1 e e e� z s ¢,.{`•' - �`•� Y-y ,fin, u � '� i � LL J _ 1 O .� �+ �► + p Imo= �TI i Y ~r• i-� :K'1i•i C�"1'e *! r,`I! �. MM TV 14 ra1A I H 0 �` ii ' , � p Y i ' � aP•i � � i A ` v�f 9r. j F f i ittia j i am A °• �� �' � �i� •tom �_ � ?� � .r�.�..� - U m r Ill ! s i!tl'1 • •S L ! : / t•t %n W4, 1. r 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 enforcement board jurisdiction, § 2-71 et seq.; buildings and building regulations, Ch. 5; streets and sidewalks, Ch. 20; subdivisions, Ch. 21; vehicles for hire, Ch. 23; zoning, Ch. 24. Sec. 9-87. Prohibited acts 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 beingapplied 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 persons in any office, hospital or in any dwelling, hotel or other type of residence, or of any persons in the vicinity; (3) Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m., 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, bird 3 rr f occasions within hich rks, abays, cries, of twenty meows, squawks or makes other noise on more than thirty ( )period (20) minutes so that the noise a eihndred(00) animal, bird oany property r fowl is ll lineofto a phe premiseerson of s upon sensibilities at a distance of on 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 premiseshepreunderich the that such�animal, bird or fowl was emmal, bird or fowl is itting ling suit ch noibe se affirmative defense to any charge 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; ive notice of (6) The blowing of any steam whistle atcof fire or ed to any ange stationary opon reque t except f proper city officialse time to begin or stop work, or as a warning Temp. Ord. #1697 PAGE #3 OF,EXHIBITS" (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 8 V-�cemptians. V• - 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 noncommercial in character, (4) An electrically 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: Discontinue play —Three (3) short consecutive notes of siren, repeated for a period not to exceed thirty (30) seconds in any fifteen -minute period. Resume play —one (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 incidents of unwarranted operation of the siren system. (Code 1975, § 16-3) Sec. 9-89. Radios, other devices casting sounds upon public places. Temp. Ord. #1697 PAGE #4 OF "EXHIBITS" 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 t&6 refrom are cast directly upon public streets and places. (Code 1975, § 16-4) -90. Flours of 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. It shall be unlawful for the owner of or any person employed at any gasoline filling station located within three hundred 3 b0) feet businessthereat from 1�100 p.m. go apartment 0a.m. of each dayhouse or �wherebytel in eloud o� carry on or conducty 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) Exemption. 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) Temp. Ord. #1697 PAGE #5 OF "EXHIBITS" �/��111if. CFERTiFiCATE::flF INSURANCE.. CSR:Cr- aATE1MMroorrn ALLSE-:1 09/02/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION N=IrT Risk Managgement ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE William F . Comiskey, Jr., CIC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 Glades Road, Suits 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, Boca Raton FL 33431-7333 COMPANIES AFFORDING COVERAGE W.F., Comiskey,` Jr. , CIC 746134 COMPANY A Michigan Mutual Ins. Co. 4 -33 488 INSURED COMPANY El ITT Hartford Insurance Group COMPANY C Westchester Fire Insurance All Service Refuse Co., Inc. COMPANY 825 N.W. 31st Avenue Fort Lauderdale, FL 33311 D COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN -REDUCED BY PAID CLAIMS. CO LTR T OF INSURANCE POLICY NLlYeel POLICY EFFEC 11WE POLICY E)MMATIDN DATE IMMIDDrM I DATE IMMroDfM I OMITS Grim UASWTY I GENERAL AGGREGATE t 2. 0001 000 PRODUCTS-COMPropADD t 1, 000, 000CLAIMS-7 i► $ COMMERCIAL GENER�AL^�UABILITY SACPP0276417-94 05/15/94 1 05/15/93 CLAIMS MADE ' OCCUR PERSONAL & ADV INJURY t 1, 0()0, 000 EACH OCCURRENCE t 1, 0001 000 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE IAnr .m two, t 5 0, 0 0 0 MED EXP (Any ern Paso ( t 51000 AUTOMOBILE UABIUTY COMBINED SINGLE UMI'T 41,0001000 X B ANY AUTO 21UM MS76709-94 05/15/94 05/15/95 BODILY INJURY , ALL OWNED AUTOS SCHEDULED AUTOS hhr P.r.nrM BODILY INJURY t X HIRED AUTOS X NO"WNED AUTOS IP. �.aprxl PROPERTY DAMAGE t GARAGE UABIUTY AUTO ONLY - EA ACCIDENT Is OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT t AGGREGATE t EXCESS LIABIurn I EACH OCCURRENCE 1 t 10 , 0 0 0, 0 0 0 AGGREGATE t 10, 000, 000 UMBRELLA FORM CUA1001750 05/15/94 1 05/15/95 Is C X I OTHER THAN UMBRELLA FORM I WORKYY COMPENSATION AND STATUTORY LIMITS EACH ACCIDENT t EMPLOYERS* LIABILITY DISEASE - POUCY LIMIT t THE PROPRIETOR/ INC. PAIRNERSIEXECUTnM OFFICERS ARE: EXCL DISEASE - EACH EMPLOYEE t OTHER ORtUnON OF OPIPATIONS"CATIONSAfEMCLUMPSCIAL ITEMS The Certificate Holder is named Additional Insured, per GL policy forms, as their interest may appear. CERTIRCATE.HOLDER;::'::.: CANCEClAT10N':;::. TAMAO.......:.:: O 1 SHOULD ANY OF THE ABOVE Dt;SCISBEb POLICIES BE CANCELLED BEFORE THE EXPBLATION DATE THERSDP, THE NUUM COMPANY WILL ENDEAVOR TO MAIL 30 DAYS wmYTEN NOTICE TO THE CEIIYE9CATE HOLDo NAMEA TO THE Lwr. City of Tamarac BUT PAI, UR TO MAIL SUCH NOTICE SHALL VAPOSE NO OSUOATION OR UANUIrY Attn: City Manager 7 525 N.W. 8 8 th Avenue OF ANY KIND UPON THE COMPANY. ITS OR Rl9RPARJtTATR/E2. Tamarac, FL 33321 AUTIIOWZEDR r .�r 4� W.F. Com Cl'C ACORD::26:5 (3/931::::. ... ........ ....... VACQ TION'T99 :. RD' P y Agreement Between Y 1L� l 1 RefMse 1 / L l for fuMishilIg i' Mlle_ 1 1 1 d/1 Services �yiLLh rr �rr CONTRACTOR'S CERTIFICATE OF INSURANCE (To be provided by Contractor) Temp. Ord. #1697 PAGE #6 OF "EXHIBITS" 09AhODKIII., CERTIFi'CATE:-a]`F--'iNS.UR`ANC:E,:-,: ALLs$-:�. SZM.:: pAY/02/94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA TER OF INFORMATION NE..&T Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE William F . Cogskay, Jr., CIC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1900 Glades Road, Suite 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Boca, Raton FL 33431-7333 COMPANIES AFFORDING COVERAGE W.g. Comisk-syr- Jr., CIC 746134 COMPANY 407=338-04Q§ - A -Michigan Mutual Ins. Co. INBW® I COMPANY B ITT Hartford Insurance Group All Service Refuse Co., Inc. COMPANY ATTN: Tammis Thomas C Westchester Fire Insurance 825 N.W. 31st Avenue COMPANY Fort Lauderdale, FL 33311 D . COYERA................................................. ......................::::::..................................................................... -: - THIS IS TO CERTIFY THAT THE POLICIES :OF ; INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE -BM- REDUCED BY PAID CLAIMS. GO '"OUCY OWMIly S'QUCY 0011 IAMON TYPE OP INSIAIAIICE I POLICY NUMBe1 1.I DATE I^MXVM I CAT[ IMMIC UM � UMRS A OM MAL UASIUTY COMMERCIALGENERALUASIUTY CLAIMS MADE 1' _ ' OCCUR OWNER': A CONTRACTOR'S PRO. SJLCPP0276417-94 05/15/94 05/15/95 GI R MINAL AGGREGATE $ .7 . 0 0 0 . 00 0 3 PFnx=S-COMPWAaa i $ I, 000, 000 PERSONAL A ADV MAW IS1.000,000 EACH OCCURRENCE t 1, 0 00,000 SIR DAMAGE (Am wo Hnl E 5 0, 0 0 0 MED UP (Arm ar .o..rM $ 51000 8 AUTOMOS S L wWUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON4MNW AUTOS 21UMM767OZ-94 05/15/94 05/15/95 COMSSI SINGIA LIMIT 41,000,000 BODILY INJURY i BODILY INJURY X PROPERTY DAMAGE t GARAOI UApUTY ANY AUTO AUTO ONLY - EA ACCIDENT f OT18R THAN AUTO ONLY: EACH ACCMZNr S AGGIMATE C EIGCEBS U,yIUTY FFUMBFALA FORM w OT}IER THAN UR7S MLA FORM. WOIIfdtS COMPQISATION AM HOWYMS' UASUff TIRE PROPRIMM IICL PARTNERSIIIXECUTIVE OFFICERS ARE: 0= G' CML1001750 I 03/15/94 03/15/95 EACH OCCURRoicE $ 10 , 0 0 0 , 0 0 0 AGGAIMATE 010,000,000 STANDBY LIMITS t EACH ACCIDENT $ DISEASE - POLICY LAW $ DREASE - EACH EMPLOYEE 1 REVISED DU CNPnON OF OPYIATIONaAACATK ITEMS The Certificate Holder is named Additional insured, per GL policy forms, as .their interest may appear. CERTIFICA O tEN TJMAO O1 City of Tamarac Attn: City Manager 7525 N.W. 89th Avenue Tamarac, FL 33321 ACORD:`26«S::I3193T'::�.: •.; ..>:.;>;:,.::<::......::.;:..;:.;:.::.;:.;::,.. .:.::. CANCECIATI $"CUM ANY OP THE AEOVS DESCRS#ND IOUCNSS Es CANCK= SHORE THE WOW"ON OATS THe111100, THE ISSUM COMPANY WILL ENOEAVOR TO MAIL 3 0 DAYS WRITTEN NOTION TO THE CeTTYM:ATE NOUM NAMW TO THI WT. BUT FARAIRS TO MAN. SUCH NOTICI SMALL IMPOSE NO OSIMAT ON OR UASIUTY OF ANY STND UPON THI COMPANY. ITS AOSIM OR RMRESONTATIVSE- EXHIBIT "C" SOLID WASTE COLLECTION 1. 2. M It lie ji i .TFUM CITY OF TAMARAC PERFORMANCE STANDARDS (a) Container Sizes available: Based on General Industry Standards. (b) Schedules Available: Two times a week. (c) Hours of Operation: 7:00 a.m. to 7:00 p.m. (d) Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. (e) Weight: Customer shall not overload containers in excess of the acceptable industry standards. Contractor may charge customers for extra trips or waiting time caused by such overloading. If customer refuses to remove such material, contractor may remove such material. General: (a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday. (b) Holidays: Christmas Day . Pickups scheduled for this day will be omitted. (c) Weather permitting, all vehicles used by the Contractor shall be washed one time per week. (d) The CONTRACTOR shall preserve from damage all public property in the CITY from damage due to CONTRACTOR'S negligence in the performance of collection services. This applies, but is not limited to the public utilities, trees lawn areas building. monuments or markers, fences, pipe, and underground structures, public streets, (excep- 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. Temp. Ord. #1697 PAGE #7 OF "EXHIBITS" Agreement Between City of Tamarac and All Service Refuse Company, Inc. for furnishing Residential Solid waste Collection Services Serial no. Date of Qr Vin. Ite Descries (To be provided by Contractor) Temp. Ord. #1697 PAGE #8 OF "EXHIBITS" Months in_ Service E325 N.W. 31 st AVENUE TA A L L r-IVIC`--� EFUSE K R/ O K R/ L K R/ L K R/ L 4 cr I Al irl==MAi F FI =7PI411 .11 6 111 0. N1 uFFT11P.11I : / , 111 1• 1 NI 1. rw� 1.1U.. 1 _ 1 City of Tamarac PERFORMANCE EVALUATION PLAN Submis5ion(s): Y= Na 1. Contractors Work Plan on Document(s) that show how the Company intends to satisfy the conditions of the resultant 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 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 CONTRACTOR paid the CITY all reimbursable costs? 7. Has CONTRACTOR supplied the CITY with the required Performance Bond, Letter of Credit or other Bond? 8. Reference list provided and verified? 9. Is the Inventory of Equipment available for review? 10. Is there a designation of authorized representative? and local address? Temp. Ord. #1697 PAGE #9 OF "EXHIBITS" iamIT "G" City of Tamarac BOOKS AND RECORDS Submission(s) Y-M Annual Report of CONTRACTOR 1. by a CPA 2. Is there evidence of good management controls? 3. Are there bank references? 4. Are federal taxes satisfied? S. 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 payment. CONTRACTOR shall provide the CITY with an annual recap of gross receipts and a summary of all franchise fee payments paid within the preceding twelve (12) months. Temp. Ord. #1697 PAGE #10 OF "EXHIBITS" EXHIBIT "H" 1. DEMOGRAPHIC : (a) Population: 48,000 (Final 1990 Census) (b) Geographic Area: Approximately 12 square miles 2. ONTTS SERVED- The City certifies that the units shown below are being serviced as of September 1, 1994. Residential service 14,439 Accounts Temp.Ord.1597 PAGE #11 OF "EXHIBITS" A �/... �`, � r_325 N.W. 31 st AVENUE �...� I C+ FT, LAU©EROALE.FL 33311 REFUSE Se= -.--ember 1, 1994 City of Tamarac 7525 NW 88th Avenue Tamarac, Florida 33321--2401 Attn: Robert S. Noe, City Manager Re: Agreement for furnishing Single Family Solid Waste Collection services. Dear Mr. Noe: please be advised that the attached Performance Bond dated June 1, 1993, for Two Hundred Fifty Thousand dollars ($250,000.00), is in full force and effect through December 31, 1994. Prior to the expiration of this said bond, All Service Refuse Company, Inc. shall provide to the City of Tamarac a replacement bc::, as required by agreement, for the same amount and shall keep ai. appropriate performance bond in full force and effect for the dw tion of the agreement between the City and All Service Refuse any any extensions thereof. sincerely,_ Harold Carter Vice president Appendix I of the agreement between the City of Tamarac and All Service Refuse Company, Inc. for furnishing Single Family Solid Waste Collection Services. 563-1 e3© M., W011311yf PERFORMANCE AND PAYMENT BOND I. BY THIS BOND, We ALL, SERVICE REFUSE COMPANYINC. hereinafter called the "Principal," and NARTF'ORD FIRE INSURANCE COMPANY 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 T[ ($250 000.00 ) for payment of which we bind ourselves, our heirs, our personal representatives, our successors, and our assigns, jointly and severally. IL WHEREAS, the Principal and Owner have reached a mutual agreement as of 1 1 (the proposal award date for projects subject thereto; said agreement being hereinafter referred to as Franchise Agreement) for the purpose- of provision of solid waste collection services for Franchise Agreement Collection being part of this bond by the reference. III. A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF 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 4/29/93 39 . Shall pay Owner for all losses, damages, expenses, costs, and attorneys fees. including those resulting from appellate proceedings, that Owner sustains because --ofra default by Principal in contravention to the Franchise Agreement; and 4. Shall perform the guarantee of all services furnished under the Franchise Agrcement for the time :peri .c.;: in said IF.;archi..c. A rcer.:;:t:t: t.".c^ :his bond is void; otherwise this bond remains in full force and effect. lu. 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 pan 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 camply with the strict requirements set forth in Section 255.05, Florida Statutes, and as otherwise provided by law. I 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. .1 4/29/93 40 THIS BOND DATED THIS 1st DAY OF -RNE 1993 ATTEST: WITNESS AS TO ALL W ITNFF, 5S , S TO ALL PRINCIPAL ALL SERVICE REFUSE COMPANY, INC. (Printed Name) BY:MEAL) on d n Lure (Principal) HARTFORD FIRE INSURANCE COMPANY BY: EAL) As Auorc , in Fact 4/29/93 41 Agrgement." 1 the City 1 Taninrac nnd All ScrvicC Refusg1 1 1 / Furnishing / /1 STATEbF FLORIDA ) COUNTY OF BROWARD ) I HEREBY CERTIFY, that on this 1st day of 19 93...—, before me personally appeared HENRY J. CHI7NKA VIK1 J 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. WITNESS my hand and official seal the date aforesaid. Notary Public, State of Florida at Large NdM RMo. State of Florida My Commission expires Aug. 18, 1993 My Commission Expires ATTEST: SURETY OR SURETIES HARTF.ORD FIRE INs[M'CE COMPANY (Printed Name) J Zfe BY: =��ZEAL) W S A5 TO ALL AuthorizedWgnature(s) /iMUZ71 J. CHUNFJ. (Surety or Sureties) WTTN AS ALL As Attoria�y in Fact / Hwy J . CHUNKA 4/29/93 42 r.iAn i rvnu rtnc ,,........,•• .,.. .... . + Mrrr.ra cw.rhahharA PMEN OF ATTORNEY Krlaw all mien tltsars Thd go piARIW= FIRE INSURANCE COMPANY. a cotvvrahron dui► orgarasad Under vhe hawa Ot the Stan of C WMINCUL and nov" ps v oitias es an City Art tiartroro. CCunW Ot-M_ardaro. Stag at ConnouWA does nareay nuum Oarradnaa and SIMMa M13MY J. CENMA, CLLI E S. lIORVATB. BEVIMLT T" BOi>ZMT. YAI.SitIE THMIA9 and JOSBPB C. BLACK of MAITLAND. FLORIDA a true ano aawna AftmrAWsHn.F*N• wih kw vaww am arthbrW tt7 czon f ^! fmi ♦""w w4xt 4r e& in drew 9@0w tS arpaaty # more r= one w nanlad sbm& as sago. ex=ron and aOWwwN d96 any and au banal and urw*"WW ano Other wnungs Ooiigatory in re naaae thereat On bens# at the Ccnpmy in do f usslsss d q d Us flda#' Ot Pmawte hoidinq plaoss at phi or pmmo um guam =nq des pu c pof aorm Oanar than atalfancs oobass: guwwmmwq the Prtwhmarh, at, cwwo rs wm a away oon are sOo 0" W eta,as and oKwoombuss. and azscuorq Or gunrores" borrdi and urawrowum waarad Or prrdmad in as srmana Or ProosSprngs or W taw all m and to bkd the MARTFORD FIRE INSURANCE COMPANY VmvW as 4* end to the Sams ehnant as # such banoa and FIRE INSURANCE COMPANY andandllsssshsa and amm"d WW Ohs fathar dd such Onkxm and h mmy spire arw cmdbilORD s So that Its acid AMOMMe"Fect nuy do inphaa mm irrSd. Tllia pdww d attaNtlay is �srwad by and vhdar atNldtily of life taildwirlq P (1) By -Lawn adopted by tin SIOOidhoima d the mARTFORD FIRE INSURANCE COMPANY Ala nr•adrrp dt#y eRWO tad held an to SM day at Marri. l9n. Arita= N SaC7=wWCN a. 11r rhrararrrhe w rnr Narira raw.+Wh rrr s.Warsv w Arrrarr a�rfarvhlf ram srrrr aea■r has awheraar r raoaorr for w wwomm.rhd MIMMIN�rrrAlrrbw+��atiafa+rwr�141/af�1�n rrrA•w ��or. Dora rrMrfa w�grr vYa�lrrsr�r a.swhhre rq ararr.rFw ring d sw rm r rwrarr r+hfr•hh�hru Awlfda ar e�Phwa,nh. Aura AaFIfdN iirswhY� « Aaa�rlr+rf�. w Naar err aerAr rr arar�ar �• r how 918:Tr�r1 11. Ah Rrs rr hurt Mr 80 MOWM VAX W r 110 r Wo ra siWhhrrrrr df on �ar�r df �w r�ua r T"M ina' qw r. r fin wi mow w q Go"MW w r err r won 6df11r@U *ram rw so aM� rr rMr1rL Ano w ww4s �n dr Ilgw rwr, amp AN Ada r,rummorraaaf M NW rho oomwf+•odo dnrt M w elvElf "men Go 0 o m d owns a �■hrrlrfaralrra�aMrrMrRwf1f111Q� (?a Eicoarpt tram iha Mi oAn at a mhesrrhq at go EOard of Dkown of the WRTFOFtD FIRE INSURANCE COMPANY duty Baled and hM an to 121H day at Otdrlt,ar.1NL t1�.Y6'PlMarrtM.N. twgaA�raMs+l+wM+anrlar•�atrrrrrr�I�+Mi+rrltiwYwKaw�rha.r.asarq�rrsrno� ■r1 dipr.err tauhw eewrraa rM Wlrfr� M1t erWdiW e. 7 rr a d �harhr N d >Ir ar.,�d fn Gener.lrr. hhrlrw: q aCOa1e hry � ib1r�� d AaE11rpC.Of ■�rlrrearllra• �A wr a�A �Aw� 111�t�l�rr wiwrhagrattrw�wr w err lawfa ■�rhrrr. afrr w owe rrewd VtO�PfwWdh� aarwwrerhafaf err�W wlla��. . Thla Pdwsr at Sammy is Mond avid sawed b1Na mmodo wow Ord byro state W d ltra in "A il0 Assokraom adoatso by the DAvWXS of the NARTFORD FIRE INSURANCE COMPANY at a rmSer 9 duly cWW smd hoW an the 12th day at POEMA D. ahr tt' Aron • WAN Ah� G OW ar rrM M 110 fJrnewhr am im aaas fs OW w+dh omw of saavry w r ow OWWAM awrhrq >!rrr aw to Ara.. a.-�A pow JUa1 W w r aaarrrr w awaao■a awes rhahor uWirlun as wr1.+r drw�q �eralsrsi�lrahws r.�wsrww,wwwr�wrwaerlrr�rsrre�Wrnrrrr�rrrraW fyrr ss.wrranon0uvunrr Gar�rN ih �• MVO �1 nMwg Wd bslr? er 1R1�rrs r rtWw a r arr.1:"'y.+'•' •' in tAllm m WhareOR the MARTICORD FIRE INSURANCE COMPANY Aw aauaed t 4w We u w be 070d by is A>;sisoua Y ,G awd ils oarpOrats awl 10 be herea7 ttNbrati. OW a and by as Smway. Oft 1st day Ot May.1 M. HARTFORD FIRE INSURANCE COMPANY On Out 1st day of Mw A.111M. bolbrs me PradrWly cams Aabwt N. M. Sanr..Io ms lahorhrh, wim bswq W me dt#y awwm did depoas and say: that he n■ars in to Coueay dt Her tord. SUM at Coravrosduv that he is the Avaratara VIes44vs atwft Ot the MARTFORO FIRE INSURANCE COMPANY, the oor wMn dsaQidet' in and w!Wd w oOtasd the SW o arhaslaharK: that ha Isrdws tha sew d the Said ObepdraaGep 1ha ttte real atfttsd to d1e said inSbtmrhrnt c such Odrporso sari: VW It was ad ajVW W order at 00 8=0 of DW§Mm d raid Oaporabon Sod OW he signed h1s name ltrarelO W ilte ardor. 0*5 ...,� ?ado. STATE OF. CONNECTX= -- COUNTY OF NARTFORD '.•. .,�: W oa.h�.1 a�maass awAah af. ,asa1 i, the u+daraiq oM Aaak"M Saom" of the MARTpORD FIRE INSURANCILCOMPANY. a Cortrhet:aaart COrparabdn. DO HEREBY CERTIFY that the twegosra and Sdacrad POWER OF ATTORNEY her w in 6A 10M amd has not beam rorolosd: and hrnhaml ", that tna Aaem"M at Vw emu Of Dk+acears. M tortih in ins Power of AUmTwy, are i ow n torch. Sighed and sooft ad to Cary at Mhhmlerd. Dated ro 1st day of JUNE 1993 Pm 04004 0" p 0 am 0 UJL*- APPEND" Lti i I. 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, FLORIDA, hereinafter called the "Owner°, in the sum of ($� ) for payment of which we bind ourselves, our heirs, our personal representatives, our successors, and our assigns, jointly and severally. ii. WHEREAS, the Principal and Owner have reached a mutual agreement as of (the proposal award date for projects subject thereto; said agreement being hereinafter referred to as Franchise Agreement) for the purpose of provision at solid waste collection services for Franchise Agreement Collection Service Area No. ,being part of this bond by the reference. III. A. NOW THEREFORE, THE CONDITION OF THIS BOND IS THAT IF THE PRINCIPAL: Temp.Ord.1697 PAGE #12 OF "EXHIBITS" 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(1), 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 3. Shall pay Owner for all losses, damages, expenses, costs, and attorney's fees, including 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. Temp.Ord.1697 PAGE #13 OF "EXHIBITS" -Certain claimants seeking the protection of this bond must timely comply with the strict requirements set forth in Section. 255.05, Florida SratUtes, and as orherwise provided by 1 aw . 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. THIS BOND DATED THIS _�_ DAY OF 19� PRINCIPAL ATTEST: (Printed Name) BY: (SEAL) WITNESS AS TO ALL Authorized Signature (Principal) BY: (SEAL) As Attorney in Fact WITNESS AS TO ALL Temp.Ord.1697 PAGE #14 OF "EXHIBITS" k. 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. WITNESS my hand and official seal, the date aforesaid. Florida at ATTEST: (SEAL) WITNESS AS TO ALL Notary Public, State of Large My Commission Expires SURETY OR SURETIES BY: BY: (Printed Name) Authorized Signature(s) (Surety or Sureties) (SEAL) WITNESS AS TO ALL As Attorney in Fact Temp.Ord.1697 PAGE #15 OF "EXHIBITS" TL • �!f = f T • = T � - - 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, freeactdeed forwtheged uses ne execution and purposes thereof to be a therein mentioned. WITNESS my hand and official seal the date aforesaid. Florida at Notary Public, State of Large My Commission Expires: Temp.Ord.1697 PAGE #16 OF "EXHIBITS" ■ APPENDIX I, as of do hereby state under oath that this statement together with the documents attached hereto constitute all Gross Receipts for the month of 19 collected by CONTRACTOR in accordance with the terms of that certain Agreement dated between and City of Tamarac furnishing Single -Family Solid Waste Collection Services. Gross Receipts $ x Franchise Percentage _.__ .15 Amount Remitted To City 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 19 NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Personally known to me, or Produced identification — Type of I.D. Produced ( ) DID take an oath, or ( ) DM NOT take an oath. Temp.Ord.1697 PAGE #17 OF °EXHIBITS°