HomeMy WebLinkAboutCity of Tamarac Ordinance O-1994-0141
Temp. Ord.. # 16 9 8
Revised 9/19/94
CITY OF TAMARAC, FLORIDA
Ordinance NO. 94-
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA; AWARDING
JOINT GROUP CITIES BID NO. 6-20-94-10 TO
ALL SERVICE REFUSE AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND ALL SERVICE REFUSE COMPANY,
INC. FOR RESIDENTIAL RECYCLING COLLECTION;
SETTING FORTH TERMS AND CONDITIONS OF
SAID FRANCHISE PROVIDING AUTHORITY TO
COLLECT $1.00 PER MONTH FROM SINGLE-
FAMILY UNITS AND $.$2 PER MONTH FROM
MULTI -FAMILY UNITS; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City of Tamarac is authorized to enter into franchise
agreements with recycling collectors; and
WHEREAS, the City of Tamarac, Margate, North Lauderdale, Lauderhill
and Coconut Creek advertised for bids for recycling collection from multi-
family units and curbside collection from all single-family units within
Group Cities; and
WHEREAS, on June 20, 1994 the Joint Group Cities Contract
Administrator opened Bid No. 6-20-94-10 for the Joint Group Cities
Recycling Program; and
6
I
0)
Temp. Ord.. #1-621
Revised 9/19/94
WHEREAS, on August 18, 1994 the Joint Group Cities Administrative
Committee awarded Bid No. 6-20-94-10 to All Service Refuse Company,
Inc., for the City of Tamarac subject to Commission approval; and
WHEREAS, All Service Refuse Company is the lowest, fully
responsive and responsible bidder; and
WHEREAS, the City of Tamarac has full right and authority to the
Joint Recycling Bid submitted, utilized and accepted by CONTRACTOR; and
WHEREAS, CITY desires to contract with CONTRACTOR to provide
residential curbside and containerized Recycling Collection services as
defined herein; and
WHEREAS, Chapter 403, Florida Statutes mandates that cities
cooperate with counties to reduce the waste stream by thirty percent
(30%) by December 31, 1994, and
WHEREAS, Broward County has recognized the value of recycling by
exempting recyclable materials from the mandatory delivery of all solid
waste to the resource recovery facility as contained in the Interlocal
Agreement with Broward County for Solid Waste Disposal Service, dated
November 25, 1986, and
WHEREAS, the City of Tamarac and All Service Refuse Company, Inc.
wish to set forth the terms and conditions of the Recycling Agreement.
WHEREAS, the City Commission wishes to grant a franchise to All
Service Refuse Company, Inc. for residential single-family and multi-
family recycling collection.
N
Temp. Ord.. #i
Revised 9/19/94
WHEREAS, the City of Tamarac will be required to administer,
manage, and service grants and purchase additional recycling bins, carts
and educational materials; and
WHEREAS, the City of Tamarac will be required to maintain and
replace its recycling truck; and
WHEREAS, the City of Tamarac hereby recognizes a decrease in grant
revenues and an increase in operational costs; and
WHEREAS, the City of Tamarac will establish recycling rates to
maintain operational costs; and
WHEREAS, to pay for the costs associated with the administration
of the recycling program, the following costs have been recommended by
the City Administration:
Single-family $1.00 per monin
Multi -family $ .82 per month
WHEREAS, the Assistant City Manager and City Manager hereby
recommend approval;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
S=ON 11: 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.
4
Temp. Ord.. #1698
Revised 9/19/94
.9ECTION I That a francnise is granted to All Service Refuse
Company, Inc. subject to the terms and conditions in the attached
agreement hereto and made a part hereof as Exhibit "A" for an initial term
to expire on December 31, 1997.
That authority is given to collect $1.00 per month from
single-family units and $.82 per month from multi -family units and for
the CONTRACT aR to be paid as designated in Exhibit "A" attached hereto
currently at a rate of $.81 per month for single-family units and $.41 per
month for multi -family units.
SECTION_4s All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTION 5, 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.
APPROVED ON 1ST READING this/`fday of 1994.
APPROVED ON 2ND READING thiso29 day of'��� , 1994.
NORMAN ABRAMOWI10
MAYOR
i
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
4.CHL4E-/LL &SKRiA&,)
CITY ATTORNEY
MAYOR
DIST. 1:
DIST. 2:
DIST. 3.
DIST. 4:
I•
Temp. Ord.. #ifLU
Revised 9/19/94
RECORD OF COUNCIL VOTE
ABRAMOWITZ
V / M KATZ
C / M MISHKIN
C / M SCHREIBER
C / W MACHEK
9�iy/9f 4b%8i9`f
AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE
' REFUSE COMPANY, INC. FOR FURNISHING RESIDENTIAL RECYCLING
-
COLLECTION SERVICES
K
TABLE OF CONTENTS
ARTICLE
TITLE
PAGE
1
DEFINITIONS
1
2
GRANT OF FRANCHISE
3
3
TERM
3
4
SCOPE OF SERVICES
4
5
DATA GATHERING
8
6
RATES, RECORDS, BILLING
8
7
PROCESSING CENTER FACILITY
9
8
OWNERSHIP, TRANSPORTATION AND
SALE OF RECYCLABLE MATERIALS
9
9
REFUSAL TO PICK-UP
10
10
CONTRACTOR'S LOCAL OFFICE
11
11
CONTRACTOR'S RELATION TO CITY
11
12
EVALUATION AND MONITORING
14
13
DEFAULT OF AGREEMENT
15
14
INDEMNIFICATION
17
15
INSURANCE
17
16
MISCELLANEOUS PROVISIONS
19
EXHIBITS
LIST OF EXHIBITS
26
A
MONTHLY GROSS TONNAGE REPORTS
27
B
CITY VEHICLE DESCRIPTION
28
C
CITY MAINTENANCE LOG
29
D
EQUIPMENT INVENTORY FORM
30
E
CONTRACTOR'S CERT. OF INSURANCE
31
F
PERFORMANCE AND PAYMENT BOND
32
® IM CITY OF TAMARAC
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
FURNISHING
RESIDENTIAL RECYCLING COLLECTION SERVICES
SEPTEMBER 1,1994
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES
cvtl
This is an Agreement dated the day of 1�, 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").
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 ADJUSTED Tonnage that is received by the processing center less any
adjustment for contamination.
1.2 CITY: Shall include the City Council of the City of Tamarac, Florida.
1.3 : Shall be December 19, 1994 at 12:01
a.m.
1.4 Cj2MMINGLED RixYCLABLED MAJEJUAU: Recyclable Materials
other than newspaper, cardboard and incidental kraft paper mixed together in the
same container.
1.5 CONDOMINI : Multi -family residential apartment buildings that are on the
Broward County tax rolls as condominium ownership and assessment, and are
designed for mechanical container (dumpster) garbage and trash pick-up.
1.6 : The mixture of Recyclable Materials and materials which
are not capable of being recycled to the extent that it is not possible to separate the
Recyclable Materials from the materials which are not capable of being recycled.
1.7 CONIgACT ADMINISTRAJOR: Shall be City Manager and/or his designee.
1.8 • Shall be All Service Refuse Company, Inc.
1.9 CUSTOMER: Shall include any single-family or residential service unit within
the corporate limits of the City of Tamarac.
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1.10 laFFAI T: The failure of CONTRACTOR to provide a material portion of any
of the scope of services as outlined in this Agreement.
1.11 GROSS RECEIPTS: Shall include all revenues received by CITY pursuant to
this Agreement which shall include monthly compensation pursuant to Article 6.
1.12 • Coconut Creek, Lauderhill, Margate, North Lauderdale and
Tamarac.
1.13 • A processing center facility
which accepts the delivery of Recyclable Materials which have not been sorted by
type by CONTRACTOR and which purchases or accepts Recyclable Materials
which have not been sorted by type by CONTRACTOR.
1.14 pEREORMANCE BQND: Shall mean the form of security approved by the
CITY and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
Agreement and will pay lawful claims.
1.15 PUBLIC AWARENESSP • Promotional, educational program
developed by CONTRACTOR and CITY to inform and encourage residents to
use the recycling collection services.
1.16 RECICLAIRLE MAJERIALS: Program recyclables are defined as:
- Corrugated cardboard;
- Newspapers and inserts;
- Clear glass, green glass and brown glass food and beverage containers;
- Aluminum steel and bi-metal food and beverage containers;
- Plastic containers (types #1, #2 and #3);
- Polycoated gabletop containers and aseptic packages;
- Incidental kraft paper and film plastic bags used to contain program recyclables;
- Phone books (on scheduled program).
Program recyclables and other such Recyclable Materials from single family or
multi -family units as the parties may agree to in writing.
1.17 RECYCLINQ C • Services to be performed by
CONTRACTOR:
(a) Collection of Recyclable Materials from locations designated by City.
(b) Transportation, sale and unloading of Recyclable Materials at the MRF.
1.18 RESIDENT: An owner of or occupant of a unit.
1.19 RQLMs A scheduled sequence of streets for pick-up of Recyclable Materials by
a recycling vehicle on any given day.
1.20 SCOPE QF WORK: The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to complete
said work.
1.21 SERVICE AREA: City limits of City of Tamarac.
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1.21 SERVICE AREA: City limits of City of Tamarac.
1.22 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
performance of the Agreement.
1.23 UNIT: Shall mean the place of residence of a customer.
(a) ,
A single dwelling unit or a multi -family unit which uses curbside trash
collection.
(b) i-F
A dwelling unit within a multi -family structure, or a single dwelling unit
which uses containerized trash collection.
ARECLE
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the CITY
governing the collection of residential solid waste, the CITY hereby grants to the
CONTRACTOR the non-exclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the CITY for the purpose of
engaging in the business of collection of recyclable materials from residential customers located
within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
otherwise.
The CITY shall retain vested title to all Recyclable Materials covered by this franchise
Agreement and generated within the corporate limits of the CITY. CONTRACTOR shall
transport all collected Recyclable Materials to the processing center facility designated by the
CITY.
CONTRACTOR shall take possession of the Recyclable Materials upon pickup from residents
and shall be responsible for the safe delivery of such Recyclable Materials to the designated
processing center facility.
3.1 Q2NTHACT TERM: The term of this Agreement shall begin at 12:01 a.m. on
December 19, 1994 and shall expire on December 18, 1997.
3.2 : 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.
3.3 • CITY and CONTRACTOR shall have the option to extend the
term of this Agreement for a Two Year Period of Time to allow for concurrent
term of solid waste and recycling contracts, thereafter 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
9/1/94 3
to CONTRACTOR pursuant to Article 19.17. CITY shall not have any obligation
to exercise any additional term.
Scope of Services
4.1 CIENERAL STATEME T , OF ONTRACTOR'S 0AL GAIMNS:
CONTRACTOR hereby agrees to collect all Recyclable Materials by residential
customers within the corporate limits of the CITY, except as specifically excluded
in this Agreement.
4.2 : Residential Recycling
Service shall be provided regular recycling collection service at least one (1) time
per week under this Agreement. All units are required to receive such service.
Oa HQL112AY SCHEDULE: Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTOR shall be required to pick up recycling on
all holidays other than Christmas Day. If a pick-up day falls on Christmas Day,
collection shall not be made.
(O QUANTTT : CONTRACTOR shall be required to pick up recyclabled
materials as follows:
(c)(1) CONTRACTOR will establish route(s) for recycling collection
vehicle(s) to efficiently collect recyclabled materials.
(c)(2) CONTRACTOR shall collect recycling materials a minimum of
once per week.
4.4 METHOD OF COLLECTION1 CONTRACTOR shall provide recycling
collection to:
(A) Multi -Family Units
1. Materials;_
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) consisting of glass food or
beverage containers (clear, brown, green); aluminum, steel and bi-metal
food and beverage containers; plastic containers (Types 1, 2 and 3), gable
top and aseptic beverage containers, incidental kraft paper and film plastic
bags used to contain Program Recyclables.
2- Route:
CONTRACTOR may establish route(s) for recycling collection vehicle(s)
without regard to the order of multi -family units within each phase. Each
location shall be provided with Recycling Collection Service a minimum
of once per week, and shall be provided with Recycling Collection
Service, in CONTRACTOR'S discretion, more often if needed to prevent
container overflow. All recycling containers shall be placed within trash
rooms or dumpster enclosures. In locations where it is not possible to
place containers in enclosures, CONTRACTOR shall contact Contract
Administrator for instructions. Each container shall be serviced by
9/1/94 4
IF .'.1
CONTRACTOR'S employee and emptied. The employee shall then return
the container to its designated location.
3. Containers:
(a) Each multi -family complex will be distributed a minimum of two (2)
containers per each trash dumpster enclosure. One container shall be used
for the collection of sort one and the other for collection of sort two. A
compartmentalized truck shall be used to service each location. CITY
shall provide 90-100 gallon containers at commencement of service. The
location of complexes, number of dumpster sites and units assigned for the
recycling program are outlined in Exhibit B, attached hereto and made a
part hereof.
(b) Containers shall contain decal text relative to the items to be deposited
and ownership of containers. Container assembly, application of decals
and delivery to complexes/site locations shall be the responsibility of
CONTRACTOR. Maintenance of containers, including but not limited to,
repair or replacement of broken lids, wheels, axles, stop bars and handles
and all costs related to maintenance shall be the responsibility of
CONTRACTOR. When CITY determines that a container has been
damaged beyond repair, CONTRACTOR will transport container to the
City's inventory site for replacement and deliver a new container to site.
CITY shall retain ownership of all containers.
(B) Single Family Units
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) - consisting of glass, food
and beverage containers (clear, brown, green); aluminum, steel and bi-
metal food and beverage containers; plastic containers (Types 1, 2 and 3),
gable top and aseptic beverage containers, incidental kraft paper and film
plastic bags used to contain Program Recyclables.
2. RouW
(a) • CONTRACTOR shall collect once each week from
all single family units on the same daye only between the hours week as one of the f 7 garbage0
collection days. Collection shall b y
a.m. and 7:00 p.m. There shall be no collection on Sundays.
(b) • Prior to commencing services,
CONTRACTOR shall provide CITY with a route map or schedule. CITY
shall have the right to approve said route map or schedule, which approval
shall not be unreasonably withheld. 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 notice to the affected 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
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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 portion of the Agreement.
3. Containers:
Each single family unit shall be provided with a minimum of at least one
12-gallon or larger recycling container for collection of commingled
Recyclable Materials.
Contractor's employee shall pickup recycling container and newspaper at
curbside. Recyclable Materials shall be placed into recycling collection
vehicle. The emptied recycling containers shall be placed at the curb.
Recycling materials will be delivered to the Materials Recovery Facility.
Containers will contain text relative to ownership and instructions as to
what are items to be deposited in the containers. Initial container
placement shall be the responsibility of CITY. Storage and replacement of
broken or stolen containers shall be the responsibility of CITY upon
notification by CONTRACTOR. CITY shall retain ownership of all
containers.
In the event of a missed pick-up reported by CITY or a resident,
CONTRACTOR shall collected the Recyclable Materials from such site
within 24 hours of receipt of any such report. CONTRACTOR shall not
be responsible for missed pick-ups caused by residents who do not place
their Recyclable Materials at curbside in a timely manner.
(C) Service to City Facilities:
CONTRACTOR shall provide Recycling Collection Service of program
materials from containers to be placed by CONTRACTOR at dumpster
locations at CITY facilities as defined in ARTICLE 4.9. CONTRACTOR
shall provide servicing of recycling containers to be placed at CITY
facilities. Said locations shall be provided with Recycling Collection
Service a minimum of once per week. All revenue from material in these
containers will be shared in accordance with ARTICLE 6.5(a).
4.5 HOURS 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. There shall be no collection on
Sundays.
4.6 : CONTRACTOR shall provide recycling pickup
(back or side door) concurrent to single family curbside service who qualify for
such 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.)
9/,/94 6
4.7 RECYCLING COLLECDON: CONTRACTOR shall make collections with a
minimum of noise and disturbance. Containers shall be handled carefully by
CONTRACTOR and shall be disposed in a sanitary manner. Any Recyclable
Materials spilled by the CONTRACTOR shall be picked up and removed by
CONTRACTOR.
4.8 MUNICIRAL SERUMCONTRACTOR shall provide CITY with multi-
family sort 1 and sort 2 recycling collection service at the following locations at
no cost to CITY:
munciPAI, LOCAT112NS FREE OF CHAR
OU
Tamarac City Hall 3 carts
7525 N.W. 88th Avenue 3 carts
Police Facility
7515 N.W. 88th Avenue
Tamarac Public Services 3 carts
6001 Nab Hill Road
And any additional locations may be specified by the City Manager and approved by
CONTRACTOR.
4•9 PHONE BgOKS-* CONTRACTOR shall add phone books to sort 1 items for a
period not to exceed three (3) months per calendar year. CONTRACTOR shall
not be responsible for MRF processing costs assessed, if any. CONTRACTOR
agrees to assist CITY in pursuing grant funding for telephone book processing.
4.10
(a) Whenever feasible, CONTRACTOR shall remove non -Recyclable Materials,
subject to ARTICLE 9 of this Agreement, entitled "Refusal to Pick-up". In multi-
family collection, CONTRACTOR will contact the complex manager requesting
future corrective action and notify CITY. In single family collection,
CONTRACTOR shall notify in writing the resident as to the need for corrective
action.
(b) Items not acceptable at the MRF will continue to be considered contaminants.
When CONTRACTOR is apprised of contamination in a load or loads.
CONTRACTOR will immediately notify the administrator for CITY and
CONTRACTOR will remove contaminants from MRF.
(c) City shall not be responsible to CONTRACTOR for any disposal cost of
contaminated Recyclable Materials.
4.11 FNrX • In the event an
emergency, as defined in Chapter 252, Florida Statues, is declared by Broward
County or by CITY which causes an interruption of service, CONTRACTOR
shall notify CITY as soon as practicable of the service interruption, and the time
of anticipated restoration of service.
4.12 OF• CONTRACTOR shall perform
Recycling Collection Services as provided by this Agreement. The area and
VA
9/1/94
i
number of units serviced shall not be reduced during the term hereof unless said
unit is no longer within the boundaries of CITY.
ARTICLE 5
Data Gathering
5.1 CONTRACTOR shall provide CITY with a monthly report (as described in
Exhibit "A") due by the loth of each month outlining weight of each sort
collected on a daily basis per route, daily number of drive bys, by route, daily
number of set outs, by route, adjusted weight and percentage of contamination,
and weight ticket numbers. Weight tickets and all records required shall be made
available for review upon request by CITY. Single family curbside and Multi-
family shall contain an estimate of weights of materials collected.
CITY shall provide CONTRACTOR a quarterly report within ten (10) days of
receipt from County which itemizes the amount of gross revenues paid to CITY
from the sale of recyclables itemized by sort.
In the event that materials are directed to a facility other than MRF and reports are
directed to the CONTRACTOR, the above obligation reverts to the
CONTRACTOR.
Rates, Records, Billing
6.1 HLILTI-FAMILY., The price paid to CONTRACTOR shall be $.41 (Forty -One
Cents) per multi -family unit per month.
6.2 SINGLE FAMILY= The price paid to CONTRACTOR shall be $.$1 (Eighty -
One Cents) per single family unit per month..
63 • 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.
6.4 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.
Q 64vao ODIC I"
(a) CITY shall remit to CONTRACTOR on a quarterly basis due within ten (10)
business days of receipt of payment from the County, fifty percent (50%) of the
gross revenues received by CITY from the sale of all recyclable material(s) from
the single family program and from the multi -family program.
N CITY shall pay to CONTRACTOR on a monthly basis, net within thirty (30)
days of receipt of an invoice from CONTRACTOR. In the multi -family program,
"units serviced" is defined to mean number of units in a multi -family' complex
regardless of occupancy rate. In the single family program, "units serviced" is
defined to mean those single family units currently receiving a water bill from
CITY.
9/1/94 8
(c) New unit(s) shall be billed commencing the month a utility account was
opened with CITY.
(d) All amounts billed by CITY on behalf of CONTRACTOR for recycling shall
be segregated and accounted for in a proper liability account for CITY. CITY
shall remit to CONTRACTOR on a monthly basis the amount billed for recycling
collection services for the previous calendar month.
(e) All units required to participate as specified by applicable CITY ordinance are
required to use the recycling services of CONTRACTOR.
ARTICLE 7
Processing Center Facility
7.1 CONTRACTOR shall transport all collected Recyclable Materials to a Processing
Center Facility located within an estimated 15 miles from the Mid -Point of
Service Area. CITY shall retain the right to direct all Recyclable Materials to any
Processing Center Facility or Materials Recovery Facility designated by CITY, or
to any combination of said Processing Center Facility and Materials Recovery
Facility. Should CITY direct CONTRACTOR to a Processing Center Facility or
a Materials Recovery Facility more than 15 miles, but less than 30 miles from the
Mid -Point of Service Area, and CONTRACTOR can produce evidence of an
increase in Contractor's costs directly related to the increased distance, CITY shall
reopen this Agreement solely for the purpose of renegotiating the rate paid per
unit per month. The parties agree to negotiate for a period of sixty (60) days. If at
the end of sixty (60) days no Agreement has been reached, CITY has the
discretion to seek other bids or proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or 120 days from notice to CONTRACTOR to
direct Recyclable Materials to a facility beyond 15 miles from mid -point of
service area. In such event, CONTRACTOR may terminate this Agreement.
ARTICLE 8
Ownership, Transportation And Sale
Of Recyclable Materials
8.1 CONTRACTOR shall transport all collected Recyclable Materials to the MRF.
CONTRACTOR shall take possession to the Recyclable Materials upon pick-up
from residents and shall be responsible for the safe delivery of said materials to
the MRF. All of the proceeds from the sale of Recyclable Materials shall be
shared between CONTRACTOR and CITY according to the terms of ARTICLE
6.5(a).
In the event there are no revenues from the sale of all Recyclable Materials for a
period of ten (10) days, CONTRACTOR shall immediately notify CITY and shall
present to CITY documentation, verifiable by CITY, that the designated
Processing Center Facility provided no revenue to CONTRACTOR for the
delivery and sale of Recyclable Materials for the preceding ten (10) days.
Upon receipt of sufficient documentation (verifiable by CITY) from
CONTRACTOR, CITY shall review same and determine whether CITY concurs
9/, /94 9
with Contractor's assertion that no revenues have been generated from the
delivery and sale of all Recyclable Materials. CITY shall within five (5) working
days of receipt of sufficient documentation (verifiable by CITY) direct
CONTRACTOR to an alternate Processing Center Facility or MRF which
provides revenue for the delivery and sale of Recyclable Materials.
CONTRACTOR agrees to assist City in locating an alternate Processing Facility.
Should CITY be unable to locate a Facility which so provides revenue, CITY and
CONTRACTOR shall reopen this Agreement solely for the purpose of
renegotiating the rate paid per unit per month. In that event, CITY agrees to
negotiate for a period of sixty (60) days. If at the end of sixty (60) days no
Agreement has been reached, CITY has the discretion to seek other bids or
proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or materials have been directed to an alternate
Processing Center Facility or MRF which provides revenue. In the event no
alternate Processing Center or MRF is designated or Agreement is secured,
CONTRACTOR may terminate this Agreement 120 days from the date of receipt
by CITY of sufficient documentation (verifiable by CITY) as submitted by
CONTRACTOR.
In the event the Processing Center Facility fails to accept Recyclable Materials it
shall be the responsibility of CONTRACTOR to provide the means to ultimately
recycle all Recyclable Materials and not dispose of same at a landfill or a
Resource Recovery Facility. In said event, CITY agrees to reimburse
CONTRACTOR for any additional direct cost incurred by CONTRACTOR to
recycle Recyclable Materials, limited to increased cost of transportation and/or
direct payments to a Processing Center Facility or MRF.
After expiration of 5 days storage by CONTRACTOR, CITY agrees to reimburse
CONTRACTOR for actual costs incurred due to the storage of materials or other
methods of disposing of the Recyclable Materials. There shall be no payment for
an increase in transportation costs should the Recyclable Materials be taken to the
designated Processing Center Facility or designated MRF, except pursuant to
ARTICLE 7 herein, entitled "Processing Center Facility".
ABTLCLE
Refusal To Pick -Up
9.1 The first time a resident does not properly segregate said materials,
CONTRACTOR shall pick-up Recyclable Materials as described in ARTICLE
4.12 of this Agreement. In addition, CONTRACTOR will issue a written notice
to the resident which contains instructions for the proper segregation of
Recyclable Materials. The second time the same resident does not properly
segregate the materials, CONTRACTOR can refuse to make a pick-up. At the
time of refusal to make the pick-up CONTRACTOR shall issue a notice to the
resident which contains instructions for the proper segregation of Recyclable
Materials. It shall not be required for CONTRACTOR to issue a subsequent
notice to the resident for any further infractions after the second occurrence.
Further incidents of non-compliance by a resident shall be reported to CITY.
9/1/94 10
Contractor's Local Office
10.1 OFFICELMANAGIXG aGFNI: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County. CITY and CONTRACTOR designates the agent
as specified in Article 16.17 as the agent upon whom all notices may be served.
Service upon CONTRACTOR'S agent shall always constitute service upon
CONTRACTOR.
10.2 H(�t : CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
8:00 A.M. to 5:00 P.M. , local time, Monday through Friday.
10.3 : CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, record all complaints, and resolve all legitimate complaints as outlined in
Article 11.2 in an expeditious manner by the end of the next business day.
Contractor's Relation to City
11.1 I : The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -agent or
employer -employee relationship between the parties is created by this agreement.
By entering into this agreement with CITY, CONTRACTOR acknowledges that it
will, in the performance of its duties under this agreement, be acting as an
independent CONTRACTOR and that no officer, agent or employee of
CONTRACTOR will be for any purpose an employee of the City of Tamarac and
that no officer, agent or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
11.2 : 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 received by CONTRACTOR.
Complaints received after 12:00 noon shall be serviced before 12:00 noon on the
following calendar day. CONTRACTOR shall be available at CITY'S request to
inform 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.
11.3 DTSCRIM PROHIBITED FFIRMATIVE 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, ional
cap or marital status.
CONTRACTOR'S empPloyees ortappl cantsfor�employiment (as provided in Title
9/1/94 11
VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilities Act of 1992), understand and agree that this agreement is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CITY that said CONTRACTOR will comply with Title VI of the
Civil Rights Act of 1964 when federal grants are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans
and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
affaELPIRUM 5.
(a) CONTRACTOR shall at its sole cost and expense, except as otherwise
provided herein, furnish all labor and equipment required to perform curbside
collection of Recyclable Materials pursuant to this Agreement.
(b) 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.
(c) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(d) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.
(e) CONTRACTOR shall provide operating and safety training for all
personnel.
(f) No person shall be denied employment by CONTRACTOR for reasons of
race, creed, sex or religion.
CITY shall provide one (1) collection vehicle for use in this Agreement.
Additional vehicles or replacement vehicles shall be provided by CONTRACTOR
as needed. Vehicles shall be leased to CONTRACTOR for $1.00 per year. Any
additional vehicles which CITY may provide to CONTRACTOR shall be subject
to the same lease terms. Maintenance shall be the responsibility of
CONTRACTOR. In the event of equipment failure, responsibility for temporary
replacement is with CONTRACTOR.
In the event this Agreement is terminated as provided for herein, the lease
Agreement for the vehicles referenced in ARTICLE 11.5(A) above shall be
automatically terminated and the vehicles shall be immediately redelivered to
CITY.
CITY agrees to lease to CONTRACTOR the truck vehicle described in Exhibit
"B", attached.
9/,/94 12
CITY shall remain the owner of the recycling truck. CONTRACTOR shall
acquire no right, title or other interest in or to the vehicle other than that of a
bailee for hire.
1. Maintenance c edWg
CONTRACTOR agrees as its own expense, provide suitable and adequate garage
space and shall maintain this truck and any vehicle which may be substituted for
the truck as provided below in good repair, mechanical condition and running
order. CONTRACTOR shall use as a guide the maintenance program prescribed
in the Owner's Manual and shall perform all preventative maintenance required to
insure full validation of any manufacturer's warranty. In addition,
CONTRACTOR agrees to maintain a written maintenance log of vehicle on the
forms provided by CITY and provide written copies to the City Manager on a
monthly basis. ( See Exhibit "C")
CONTRACTOR agrees, at its own expense, to furnish all necessary tires, tubes,
and parts for the vehicle and with all necessary repair parts or substitute parts to
replace may part which becomes worn, broken or otherwise incapable of efficient
operation as long as the replacement parts are readily available from a normal
parts distribution network. If replacement parts are not readily available,
contractor shall continue to service program.
CONTRACTOR shall furnish a temporary replacement vehicle to replace any
truck which becomes incapable of proper operation and which cannot be repaired
or restore to good running order within two (2) days. Any such vehicle, while in
the service of the CONTRACTOR, shall be subject to all of the terms and
conditions of this agreement.
CONTRACTOR shall maintain in force at his own expense, insurance as
specified in Article 15 and any additional insurance required by CITY for the
purpose of the lease vehicle.
i-Notice:
CONTRACTOR agrees to notify CITY representative of any major repairs or
issues involving CITY vehicle.
In addition to lease vehicle CONTRACTOR shall supply all equipment necessary
to provide the services in this Agreement. 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 as specified in Exhibit "D". 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.
13
9/1/94
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.
11.6 VEHICULAR T • All vehicles and equipment used by
CONTRACTOR for the collection of residential recyclable materials shall be
clearly marked with the CONTRACTOR'S name and telephone number in letters
of a size sufficient to reasonably identify the vehicle, but not less than five (5)
inches in height. CONTRACTOR shall also assign to each of its vehicles an
identifying number and shall mark the same upon said vehicles in figures not less
than five (S) inches in height.
ARTICLE 12
Evaluation and Monitoring
12.1 RLHWT 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.
12.2 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.
(a) Subject to the procedures in Article 13, CITY reserves the right to terminate
the Agreement at any time whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the written notice within
fourteen (14) days of the receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and apply the proceeds to the cost of
service charged to CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or any other similar labor dispute
which makes performance of this Agreement by CONTRACTOR substantially
impossible, CONTRACTOR agrees that CITY shall have the right to call the
Surety Bond and temporarily engage another firm to provide necessary service.
12.4 CONTRACTOR shall furnish to CITY a
Performance Bond, Letter of Credit or cash bond guaranteeing the faithful
performance of this Agreement specified herein as Exhibit "E". The security shall
be in the form acceptable to the City Attorney and shall be for the term of this
Agreement and in an amount equal to One Hundred Thousand ($100,000) Dollars.
The security shall be furnished to CITY by CONTRACTOR within ten (10) days
9/1/94 14
of the date of execution or 10 days prior to commencement of this Agreement or
any renewal thereof. Without limiting any other indemnity provisions herein.
such security shall indemnify CITY against any loss, expense, cost or damage
resulting from any default by CONTRACTOR hereafter or any failure of
performance by CONTRACTOR. The City Attorney is hereby delegated the
authority to approve the form of the security. The Finance Director has authority
to approve the financial capabilities of the Surety to perform. Upon completion of
this Agreement in compliance with all terms and conditions hereof,
CONTRACTOR shall be entitled to the return of any Cash Bond on Deposit with
CITY within ten (10) business days.
12S L LI D A -C F R A
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall CITY be liable or responsible
to CONTRACTOR or to any other person on account of any stoppage or delay in
the work herein provided for, by injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any delay for any cause for
which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays or non-performance of
the terms and provisions of this agreement where such delays or non-performance
are caused by events or circumstances over which CONTRACTOR has no
control, including riots, civil disturbances, or acts of God; provided, however, that
in the event of any such non-performance or delay resulting from events or
circumstances beyond the control of CONTRACTOR, CONTRACTOR shall not
be entitled to compensation for such period of time as a delay or non-performance
shall continue.
Default of Agreement
13.1 pEFAXILT OF CQNTRACT: If, in the opinion of the City Manager, there has
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within
fourteen (14) calendar days CONTRACTOR has cured the default, then no other
remedy for that particular default shall be permitted to the City. However, if,
within fourteen (14) calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this Agreement, City Attorney shall notify
City Council and CONTRACTOR, and a hearing shall be set for a date within
fifteen (15) days of such notice. On that day City Council shall hear
CONTRACTOR and CITY'S representatives and shall make a determination as to
whether or not it has been a breach and shall direct what further action shall be
taken by CITY, as hereinafter provided. Pending Resolution of the alleged
breach, CONTRACTOR shall be governed by the provisions of ARTICLE 13.4.
13.2 DEFAUI: 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
9/1/94 15
proposed date of termination. Such date may not be earlier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, prior to the proposed date of
termination, CONTRACTOR cures such default then the proposed termination
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed date of termination, then CITY may terminate CONTRACTOR'S
performance under this Agreement as of such date.
13.3 POST -TERMINATION SEE : Upon the effective date of termination as
contained in the above notice referenced in ARTICLE 13.1 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.
13.4 REMEDIES: In addition to, or in lieu of, the termination procedure set above in
ARTICLE 13.3 of this Agreement, CITY may take any or all of the following
actions in the events of a default by CONTRACTOR;
(a) If CITY determines, and notifies CONTRACTOR, that such default poses
an immediate threat to the health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such default within twenty four
(24) hours after receiving such notice, CITY shall have the right to perform or
cause to be performed all or part of the work necessary to cure such default. In
the event that CITY performs such work, or causes it to be performed,
CONTRACTOR shall bear the cost of such work, and if necessary, shall
reimburse CITY for the cost thereof. CITY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
(b) CITY may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, expenses or liabilities that CITY has
incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article 12.2 non-compliance by
CONTRACTOR in this Agreement.
13.5 CANCELLATION OR ANNULMENT OF CONTRACT: In the event the
Processing Center Facility charges a fee to accept Recyclable Materials as
specified herein, CONTRACTOR shall notify CITY in writing by certified mail,
return receipt requested within fifteen (15) days, at which time CITY may elect:
(a)(1) To reimburse CONTRACTOR for the actual fee(s) charged by the
Processing Center Facility to accept Recyclable Materials as specified herein.
(a)(2) To reimburse CONTRACTOR for actual costs incurred due to the storage
of materials or other methods of disposing of the Recyclable Materials.
(b) CITY reserves the right to direct CONTRACTOR to deliver Recyclable
Materials to any Processing Center Facility, to any Materials Recovery Facility, or
to store or otherwise dispose of Recyclable Materials; and to reimburse
CONTRACTOR as set forth in ARTICLE S.
9/1/94 16
(c) CITY may elect to terminate this Agreement based on the foregoing, and
CONTRACTOR shall be paid for services rendered through the termination date.
ARTYC'LE 14
Indemnification
CLAIMS AGAINST CITY IN ',MNIFICAJIUN BY
CONTRACTOR hereby assumes risk of loss and/or injury to property and/or persons
arising directly or indirectly from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees
from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but
not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or
injury, or claims, loss or injury arising as a result of awarding this bid to CONTRACTOR.
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.
A RTfC'LE M
Insurance
15.1 GENERAL: CONTRACTOR shall not commence work under this Agreement
until it has obtained all the insurance required under this Agreement, and such
insurance has been approved by the City. CONTRACTOR shall be responsible
for delivering to CITY the Certificate of Insurance for approval. CONTRACTOR
shall name the City of Tamarac as an additional named insured on the Certificate
of Insurance. CONTRACTOR'S insurance policies shall be primary to any
insurance policies carried by the City. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as Exhibit " E ". 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). Certificates of each policy,
together with a statement by the issuing company to the extent that said policy
shall not be canceled without thirty (30) days prior written notice received by
CITY, and shall be delivered to CITY for review and approval. Insurance
coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of CONTRACTOR under
the terms of this Agreement. CONTRACTOR shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the completion of its
work.
15.2 : CONTRACTOR shall maintain, during the
term of this Agreement and any renewals, Worker's Compensation Insurance on
all of its employees to be engaged in work under this Agreement, and shall require
the same from any subcontractors used. In the event that any class of employees
engaged in hazardous work pursuant to this Agreement is not protected under the
Workers' Compensation Statute, CONTRACTOR shall provide adequate
employer's liability insurance for the protection of employees not so protected.
9/1/94 17
15.3 COMMERCIAL (COMPREHENSIYE) LIABILITY INSURANCE:
CONTRACTOR shall procure and shall maintain during the term of this
CONTRACT and any renewals Public Liability and Property Damage Insurance
in an amount not less than $1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
Coverage A shall include premises, operations, products and completed
operations, independent contractors, contractual liability covering this agreement
or contract, and broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of Commercial General Liability
must be provided.
Garage keeper's legal liability insurance, comprehensive form, with limits not less
than $300,000 each occurrence and any deductible not to exceed $5,000.
15.4 ALMMOBILE INSURANCE: CONTRACTOR shall procure and maintain,
during the term of this Agreement and renewals, Comprehensive Automobile
Liability Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death, and property damage (automobile).
15.5 : CONTRACTOR shall procure and
maintain, during the term of this Agreement and any renewals, Excess Umbrella
Liability Insurance in an amount not less than $1,000,000 coverage in excess of
Automobile and Bodily Injury/Property Damage coverage's.
15.6 SCOPE OF INSURANCE: The insurance required under the above paragraphs
shall provide adequate protection for CONTRACTOR against damage claims
which may arise from operations under this Agreement, whether such operations
be by the insured or by anyone directly or indirectly employed by the insured.
CITY shall be named an additional insured on all of CONTRACTOR'S insurance
policies provided for herein.
15.7 LOCAL AGENI FOR INSLMANCE AND BON12ING: The insurance and
bonding companies with whom CONTRACTOR'S insurance and performance
bonds are written shall be licensed to do business in the State of Florida and shall
be represented by an agent or agents having an office located in the State of
Florida. Each such agent shall be duly qualified, upon whom service of process
may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with CITY, or any other claimant,
or any property owner who has been damaged, may have against
CONTRACTOR, insurance, and/or bonding company. The name of the agent or
agents shall be set forth on all such bonds and certificates of insurance.
CONTRACTOR shall keep the required insurance in full force and effect at all
times during the term of this CONTRACT, and any renewals thereof prior to the
commencement of this Agreement.
CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form and
approved by CITY, evidencing CONTRACTOR has obtained the required
insurance coverage. At the request of CITY the original policy shall be provided
9/, /94 18
for inspection. All policies must provide that they may not be changed or
cancelled by the insurer in less than thirty (30) days after CITY has received
written notice of such change or cancellation. Such insurance amounts may be
reviewed upward at CITY'S request, and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
ARTI
Miscellaneous Provisions
16.1 VY NUE: This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
16.2 : Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
16.3PERFORMANCE: The failure of CITY, at any time,
to require performance by CONTRACTOR of any provisions herein shall in no
way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
16.4 : 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.
16.5 : This Agreement supersedes and replaces all terms
related to single-family and family recycling service in the Agreement between
The Joint Group Cities (Tamarac as signator) and All Service Refuse Company,
Inc. dated November 29, 1993 and The Joint Group Cities (Tamarac as signator)
and Southern Sanitation, a division of Waste Management, Inc. dated December
18, 1989 and effective immediately, which agreement, upon the commencement
date of this agreement shall be null and void and of no further force and effect.
16.6 : This agreement shall not be considered
fully executed or binding or effective on CITY until the same shall be approved
and accepted by the City Council of the City of Tamarac in an open meeting as
required by law and executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy
of the Ordinance as evidence of the authority of the person authorized to bind
CITY to the terms, covenants and provisions of this agreement and to perform the
same in accordance herewith.
16.7 CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply with all laws, federal, state
and local. It is agreed and understood that, if CITY calls the attention of
CONTRACTOR to any such violations on the part of CONTRACTOR, its
officers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
WIN
9/1/94
16.8 RIQUI TO PERIODIC REVIEWS: CITY shall have the right to conduct
periodic public meetings, to review and consider the performance of
CONTRACTOR regarding its compliance with the material terms of the
franchise, any amendments desired by CONTRACTOR, the need for any future
new services, and potential amendments to the franchise reflecting service
requirement changes based on advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be available to attend all
public meetings upon reasonable notice by CITY for concerns associated with the
Agreement.
16.9 CHANGES IN LAW: Should the State of Florida, City, County, United States
or Federal agency, or any State or Federal Court, or any agency thereof require
either Broward County, City of Tamarac, or CONTRACTOR to act in a manner
which, affects or is inconsistent with any provisions of this Agreement, CITY
shall be authorized to determine whether a material provision is affected in
relation to the rights and benefits conferred by this Agreement. Upon such
determination, CITY and CONTRACTOR shall negotiate in good faith to modify
or amend the franchise to such extent as may be necessary to carry out the full
intent and purposes thereof in relation to the rights and benefits of CITY, or the
public.
16.10 TRANSFER ABILITY OF CONTRACT: No assignment of this agreement or
any right accruing under this agreement shall, be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such consent of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
16.11 EFFECTIVE DATE: This agreement shall be effective upon the execution of
this agreement and performance of this agreement shall begin on the
commencement date set forth herein.
16.12 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.
16.13 PARAGRAPH HEADINGS.: The paragraph headings contained herein are for
convenience and reference and are not intended to define or limit the scope of any
provision of this agreement.
16.14 ENTIRE CONTRACT: This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
16.15 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
16.16 NUTICES: 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:
9/1/94 20
CITY:
City Manager
designated agent for the
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305)724-1230
to:
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 724-1240
C OISTRACTOR:
Harold Carter
Designated Agent For
All Service Refuse Company, Inc.
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305) 583-1830
Mr. Harris W. Hudson
c/o Hudson Management Corp.
200 E. Las Olas Blvd., Suite 1420
Ft. Lauderdale, FL 33301
(305) 761-8333
CONTRACTOR may change the address and/or agent upon written notice as
above.
16.17 : The legal fees and other expenses of the prevailing party to
any litigation or dispute arising out of this agreement will be paid by the other
pay.
16.18 : The provisions of the
foregoing Articles 1 through 16, together with the following Exhibits A through
F, are intended by the undersigned parties to and shall constitute a binding
agreement between them. All Exhibits A, B, C, D,E and F are incorporated
herewith and fully set forth.
16.19UNENF!2RCEABLE
PROVISIONS If any part,
ARTICLE, sub -article, or other portion of this agreement is declared void,
unconstitutional, or invalid for any reason, such part, article, sub -article, or other
portion, or the prescribed application thereof, shall be severable, and the
remaining provisions of this agreement, and all applications thereof not having
been declared void, unconstitutional, or invalid shall remain in full force and
affect. CITY,and CONTRACTOR declare that no invalid or prescribed provision
or application was an inducement to the execution of this agreement, and that they
would have executed this agreement, regardless of the invalid or prescribed
provision or application.
16.20 C.120D FAIM: 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.
16.21 MJAL CD11SENI: 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.
21
16,22 .W : This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly reserves the right to make all
regulations which may be necessary or proper to secure the safety, welfare and
accommodation of the public, including, but not limited to, the right to adopt and
enforce regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation of
Recycling 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.
9/1/94 22
Aueement Be weep the Citp of Tamarac and All Service Refuse Company, Inc.
f u Residential a ci'n o ec io "rvices
tic -
This Agreement shall be effective this the day of `�"� , 1994, with the
Commencement Date of December 19.1994.
ATTEST:
By: -
Carol A. Evans
City Clerk
9/1/94
TVay®r
PITY OF TA RAC, FLA�aNORID
By: "A,
orman Abramowitz
Date:
By
y•
Robert S. Noe, Jr.
City Manager
Date: �q 'L �"' / y y �-
to
City Attorney
23
4 4
STATE OF FLORIDA
:SS
y COUNTY OF- i-?WL',Cf'=D
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
Y'Wc A(+N 4'4/ 4 tiWOLUtT2—
,'16 y
<<F. I�to me known to be the person(s) described in and who executed the
foregoing instrument and t
acknowledged before me that executed the same.
�.
WITNESS my hand and official seal this `� day of �` ti' > 1994.
NOTARY PUBLIC, State of - ---- - - _.
Florida at Large NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. NOY. M994
7-R f I BONDED THRU GENERAL INS. UND.
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( V) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( /) DID NOT take an oath.
9/1 /94 24
Agreement etween the city of jilmarac and All Service Refuse Company, Inc.
for Furn' h' Reside t' 1 ec�c ling Collection Services
ATTEST:
By:
Corporate Secretary
(Corporate Seal)
STATE OF,FLORIDA
r' :SS
COUNTY- OFF- •�
CORPORATION:
By: --
c,: President
Of: "/2/ �C'JG'ice'_ r'✓`�far. ir>��4iC+� y.iC..
Contractor r
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
f.l ' to •me known to be the person(s) described in and who executed the
,t foregoing instrument and acknowledged before me that executed the same.
WITNESS my hand and official seal this day of �w %� - , 1994.
NOTARY PUBLIC, State of
Florida at Large
(Name of Notary Public: __.�
Print, Stamp, or Type as -:�r 1iiANNe 7. ELLIOTT
COtnII1lSSlpned) M,1 COMMISSION t a �4
rMSES: May 21.1M
' Y tw "ft NMW Mft UndWR 1 M
( L)Personally known to me, or
( )1�roduced identification
Type of I.D. Produced
( )' DID take an oath, or DID NOT take an oath.
9/1/9a 25
.40
DATE (MMrooml
A/:61ball. CERTIFICATE OF INSURANCE .
ALLS I 09/02/94
)DUC9
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
:XT,Risk Management
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
-lliam F . Comiskey, Jr., CIC
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
00 Glades Road, Suite 103
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
)ca Raton FL 33431-7333
COMPANIES AFFORDING COVERAGE
,F-,oComiskey, Jr., CIC 746134
COMPANY
A Michigan Mutual Ins. Co.
)7- 38-0488
URED
COMPANY
B 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
1VERAGES.: ...
... .
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.
I TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMM/DOMYI
POLICY EXPIRATION
DATE 1MM/DD/YYI
LIMITS
OEIi19U1L
LIABILITY
GENERAL AGGREGATE 1 2, 0 0 0, 0 0 0
PRODUCTS - COMP/OPAGG 1$1,000,000
$
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE ® OCCUR
OWNER'S & CONTRACTOR'S PROT
SACPP0276417.94
05/15/94
05/15/95
PERSONAL & ADV INJURY 1$1,000,000
EACH OCCURRENCE $ 1, 0 0 0 , 0 0 0
FIRE DAMAGE (Any m» firm I t 5 0, 0 0 0
MED EXP (Any one nsr.onl I ! 51000
AUTOMOBILE
LIABILITY
ANYAUro
ALL OWNED AUTOS
21IIIO876708-94
05/15/94
05/15/95
COMBINED SINGLE LIMIT
$ 1, 0 0 0 , 0 0 0
X
BODILY INJURY
IPw 01
SCHEDULED AUTOS
BODILY INJURY
IPr sockle f o
f
a
HIRED AUTOS
NON-0WNED AUTOS
a
PROPERTY DAMAGE
GARAGE uaBlurr
AUTO ONLY - EA ACCIDENT
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT 1
AGGREGATE
EXCESS LIABILITY
EACH OCCURRENCE $ 10 , 0 0 0 , 0 0 0
UMBRELLA FORM CUA1001750
05/15/94 05/15/95 AGGREGATE 1110, 000, 000
x OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
EMPLOYERS* LIABILITY
EACH ACCIDENT >
THE PROPRIETOR/ INGL
DISEASE - POLICY LIMIT t
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
DISEASE -EACH EMPLOYEE t
OTHYI
:SCRIPTION OF OPERATIONSAACATION$NEHICLESISPBMAL ITEMS
be Certificate Holder is named Additional
Insured, per GL policy farms, as
heir interest may appear.
......................;:::i::i::i::r::i::i::i:;::;:.":..::•::i:
FICA'iEaiOLDER<::::>:::.:::....::»:<:::<:<:<::>:::::::>::><:::::. '..;,;:;:>::;::>::>::>::>:;>•:,.:::......
ERTI. .
CANCELLATI .................................. .... ...
TANA0 01 SHOULD ANY OF THE ABOVE PESCWBED POLICIES RE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE HISUING COMPANY WILL ENDEAVOR TO MAIL
30 DAYS YYIBTTEN NOTICE TO THE CERITRCATE HOLDER NAMED TO THE LEFT,
City of Tamarac
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Attn: City Manager
7 525 K.W. 8 8 th Avenue
OF ANY KIND UPON THE COMPANY, ITS != OR REPRESENTATIVES.
Tamarac, FL 33321
AUTIwRIxED TA E
s y,
. .
GGRD�:2bs>13l931::i':;...
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> ::i_:....;: •.;::>;.::.::...... ON:.'1999:z>.
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