HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-015Temp. Ord. #1863
Page 1
August. 9, 1999
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99 -1 �5'
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT FOR COMMERCIAL SOLID WASTE
DISPOSAL SERVICES BY AND BETWEEN THE CITY OF
TAMARAC AND DELTA WASTE CORPORATION, A
FLORIDA CORPORATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac Code, §19-26, requires each occupant of
nonresidential property within the City to arrange for the collection and disposal of his
garbage and trash through the use of a franchised collector; and
WHEREAS, § 19-29 of the City Code provides that any person desiring to engage
in the business of collecting garbage and trash in the City shall, before commencing in or
soliciting such business, enter a franchise agreement with the City; and
WHEREAS, § 19-36 of the City Code establishes a limitation on the number of
commercial garbage franchises to a maximum of seven (7) and provides the standards to
be considered for granting franchises; and
WHEREAS, there are presently four (4) commercial solid waste franchises (All
Service Refuse, Browning -Ferris Industries, Environmental Waste Services, Southern
Sanitation) in the City; and
WHEREAS, Delta Waste Corporation has requested to enter into a commercial
waste hauling franchise agreement on a month -to -month basis; and
Temp. Ord. #1863
Page 2
August. 9, 1999
WHEREAS, Delta Waste Corporation has satisfactorily met all of the requirements
as set forth in the Code; and
WHEREAS, Delta Waste Corporation will pay the City ten (10%) percent franchise
fee based on all gross receipts; and
WHEREAS, the Public Works Director and Assistant Director of Public Works
recommend approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to enter into an
agreement for commercial solid waste disposal services on a contract basis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
SECTION 2: The appropriate City Officials are hereby authorized to execute
an agreement between the City of Tamarac and Delta Waste Corporation, a copy of said
agreement being attached hereto as "Exhibit 1".
SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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 effect without the invalid provision or
Temp. Ord. #1863
Page 3
August. 9, 1999
application, and to this end the provisions of this Ordinance are declared to be
severable.
SECTION 5: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this a�day of 1999.
PASSED, SECOND READING this 5'6 day of 14�1999.
ATTEST:
I(10-"� 1�31/
CAROL GOL , CMC/AAE
CITY CLERK
F-i
I HEREBY CERTIFY that I
ap oved this
ORDINANCE as to form.
MITCHEI
CITY A
HU;of
MAYOR
DIST 1:
DIST 2:
DIST 3:
DIST 4,
MEN
w ON
JOE SCHREIBER
MAYOR
u:\adm correspondence\agendas\18630RD.-Delta Waste Commercial Franchise Agreement
Exhibit 1
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TEMP. ORD. No
WASTE HAULERS FRANCHISE AGREEMENT
BETWEEN
THE CITY OF TAMARAC
/_1►191
DELTA RECYCLING CORPORATION
8
CONTRACT BETWEEN
CITY OF TAMARAC AND
TABLE OF CONTENTS
Section
Description
Page
1
Definitions
1
2
Grant
3
3
Fees
4
4
Term
5
5
Obligations/Scope of Service
5
6
Disposal of Solid Waste
6
7
Recycling Program
7
8
Labor Force
8
9
Equipment
8
10
Performance Bond
9
11
Vehicle Identification
9
12
Regulation of Collection Containers
9
13
Health and Sanitation
10
14
Performance Evaluation and Monitoring
10
15
Non -Compliance by the Contractor
11
16
Termination by the City
11
17
Books and Records
13
18
Indemnification
13
19
Insurance
14
20
Contractor's Local Office
16
21
Customer Complaints
17
22
Miscellaneous Provisions
17
Exhibits
25
i
6
SERVICE CONTRACT
This Service Contract (hereafter the "Contract") is made by and between the CITY
OF TAMARAC, FLORIDA, a home rule municipal corporation (hereafter the "City") and
S)&c-TA Wrzs it- C'o(Zf a Florida corporation, (hereafter the
"Contractor"), both acting by and through their duly authorized agents and representatives.
(The City and the Contractor may be hereinafter referred to together as the "Parties.")
RECITALS
WHEREAS, the City desires to provide commercial establishments within its
corporate city limits with solid waste collection, transport and disposal services by engaging
independent contractors to perform such services; and
WHEREAS, a Florida corporation with offices A'o vLo acl , desires to
provide the City with commercial solid waste disposal services on a contract basis.
NOW, THEREFORE, in consideration of the terms, conditions and covenants
herein set forth, the Parties mutually agree as follows:
SECTION 1. DEFINITIONS
Unless otherwise specified herein the following terms shall have the following
meanings:
1.1 "Collection", "Collect", and "Collected" shall all refer to and mean the collection
from the Customer's premises, Storage (as that term is herein defined) if necessary,
delivery to the appropriate disposal site, and proper disposal of solid waste, all in
compliance with all applicable federal, state, county, and local laws, statutes, ordinances,
rules, and regulations.
1.2 "Contract Year" shall mean a twelve month period of time beginning on the
1
Commencement Date (as herein defined) and any successive 12 month period thereafter.
1.3 "Customers" shall mean those persons and/or entities which enter into service
contracts with Contractor for the Collection of Solid Waste, such as industrial and business
sites, office, warehouse and apartment buildings and complexes and other similar
locations.
1.4 "Environmental Laws" shall mean any and all state, federal and local statutes,
rules, regulations and ordinances relating to the protection of human health or the
environment including, without limitation, the Solid Waste Disposal Act as amended by the
Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste
Amendments of 1984, 42 U.S.C. '6901, et seeg., the Comprehensive Environmental
Response Compensation, and Liability Act of 1980, 42 U.S.C., '9601, et seq., as amended
by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials
Transportation Act, 49 U.S.C. '6901 et seg., the Federal Water Pollution Control Act, 33
U.S.C. 1251, et Leg., the Clean Air Act, 42 U.S.C. '7401, et seg., the Toxic Substances
Control Act, 15 U.S.C. '2601, et seer.., the Safe Drinking Water Act, 42 U.S.C. "300f-300j,
the United States Environmental Protection Agency's rules concerning Underground
Storage Tanks, 53 Fed. Reg. 37082 (9/23/88), all as amended now and in the future, and
any similar federal, state and local environmental statutes and ordinances and the rules
and regulations, orders and decrees now or hereafter promulgated thereunder, during the
term of this Contract.
1.5 "Equipment" shall mean all vehicles, machinery, tools and equipment, as well as
related supplies and materials reasonably necessary for the Contractor's performance
hereunder.
1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection
services, delivery charges, fees for late payments and any additional revenue (including
receipts from recycling) related to the Contractor's performance under this Contract.
2
1.7"Recycling" shall mean the reclamation and/or recovery frcm Solid Waste of all
recyclable matter including, but not limited to, glass, paper, cardboard, plastic, tin and
F1[tl11TIV i,
1.8 "Solid Waste" shall mean garbage, trash, refuse, and other solid waste material
including, but not limited, to animal and vegetable waste materials; from the handling,
preparation, cooking, or consumption of food, including waste materials from markets,
storage facilities, and handling and sale of produce and other food products, and such
combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; as well as noncombustible
waste materials, including glass, crockery, metal cans, metal furniture, and similar
materials that do not burn at ordinary incinerator temperatures as referred and defined in
the interlocal agreement between the City of Tamarac and Broward County, herein
attached as Exhibit A.
1.9 "Storage" shall mean the holding of Solid Waste for a temporary, period (less than
24 hours, and not overnight, but in accordance with Florida, or local laws or regulations),
at the end of which the Solid Waste is processed, disposed of, or permanently stored
elsewhere.
1.10 "Transfer Station," shall mean that location or locations and facilities established
and designated by Broward County as loading sites in and around the City so as to provide
for the efficient and effective collection of Solid Waste and the ultimate disposal thereof,
as well as the weighing of the Solid Waste.
SECTION 2. GRANT
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 commercial Solid Waste, the City hereby grants to the
Contractor the nonexclusive 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
M
purpose of engaging in the business of Collection of Solid Waste for commercial
Customers located within the corporate limits of the City pursuant to the terms of this
Contract, but not otherwise.
SECTION 3. STREET USE FEE
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to a ten percent (10%) of its Gross
Receipts from commercial Solid Waste Customers within the corporate limits of Tamarac.
Payments shall be due no later than thirty (30) days after the end of the month.
The contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the contractor, based on the records of the Contractor during the month for which payment
is made related to the Contractor's performance under this contract. If Contractor fails or
refuses to make such reports and payments, the City may maintain an action against the
Contractor to recover the same and all expenses of collecting same, including reasonable
attorney fees.
3.1 Future Revenue In the event Contractor establishes any other methods of Collection
and disposal of Solid Waste, the 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.
3.2 Delinquency Provision In the event contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1 %) Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
4
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
SECTION 4. TERM
4.1 Primary Term The term of this Contract shall be on a month -to -month basis
commencing _ , 199$ for a thirty (30) day period until such time as the City
chooses to terminate the Contract upon the conclusion of any thirty (30) day term.
4.2 Renewal Term This Contract is on a month -to -month basis and may be renewed
for a longer term subject to the City Commission adopting new standards or requiring a
new contract.
SECTION 5. GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS;
SCOPE OF SERVICES
• Contractor hereby agrees to Collect all Solid Waste generated by Commercial
Customers within the corporate city limits of the City. The Contractor shall, at its own cost
and expense, furnish trained personnel and appropriate well maintained Equipment (as
referenced in Section 9 of the Contract). The Contractor shall provide the number and size
of collection vehicles for sufficient capacity to adequately and efficiently service all units.
The Contractor will establish and maintain scheduled Collection routes and special
schedules as may be necessary to meet the Collection service requirements of the
Customers located within the corporate City limits of the City. Further, the Contractor, at
its own cost and expense, shall provide for the solicitation, servicing and billing of
Customers, and shall recommend schedules of service to said Customers. Unless
otherwise established by City ordinance, Collection schedules for commercial Solid Waste
shall be determined by the Contractor based upon negotiations with its Customers. The
Contractor acknowledges and agrees that Contractor shall be obligated to take such
actions as necessary to fulfill its duties and obligations hereunder and that the City may
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from time to time issue written directions to the Contractor clarifying the scope of
Contractor's services to fulfill the intent of this Contract. This franchise agreement does
not provide for medical waste disposal.
SECTION 6. DISPOSAL OF SOLID WASTE
The Contractor shall deliver commercial Solid Waste Collected pursuant to this
Contract to the approved Broward County Recovery disposal facilities or to any Transfer
Station which may hereafter be utilized in the future by the City and approved by Broward
County (such site hereafter called the "Disposal Site"). Contractor shall not be reimbursed
by the City for costs and expenses actually paid by Contractor to Broward County for the
use of the Disposal Site for disposal of commercial Solid Waste Collected pursuant to this
Contract. Any alternative disposal site must be approved in writing by the City prior to its
use by Contractor. All laws, rules and regulations governing hours of operation and
disposal practices at the Disposal Site shall be strictly observed by the Contractor. The
Parties hereby agree that all services provided by the Contractor pursuant to this Contract •
shall be carried out in a competent and business like manner and in compliance with the
standards and specifications set forth in the attached Exhibit "B" (hereafter "Performance
Standards"). Contractor shall not engage any subcontractor without written prior approval
of the City. The City Commission of the Tamarac (hereinafter the "Commission") reserves
the right to revise the Performance Standards as it determines within its sole discretion,
such revisions to be necessary or proper to secure the safety, welfare and accommodation
of the public; provided that prior to the revising or establishing of new or additional
Performance Standards, the Commission shall invite and allow the Contractor to submit
any information it may wish for review by the Commission. The City reserves the right of
Commission to seek advice from the City Manager designate, or such other person or
persons as may be responsible for management of Solid Waste Collection within the city
limits of Tamarac. Any revision or establishment of new Performance Standards shall be
approved by the Commission and upon such approval shall become a part of this Contract
as though fully set forth herein. The allocation, as between the Parties, of any and all costs
which may hereafter be incurred by the Contractor in conforming with any changes in the
Performance Standards, should any such changes be made, shall, at that time, be
negotiated by the Contractor and the Customer in good faith.
SECTION 7. RECYCLING PROGRAM
7.1 General Contractor shall establish a Recycling program for its commercial
Customers which shall be in compliance with the laws established by the United States
Environmental Protection Agency, the Florida Department of Environmental Regulation
(DER) and the City of Tamarac to reduce the impact of waste by Recycling materials such
as, but not limited to, glass, tin, aluminum, cardboard, plastic, and paper.
7.1A Rec clip Com onent for Tamarac Solid Waste A reement This portion of the
Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be
known as the recycling component. The Contractor shall comply with all rules, regulations,
• and laws of the United States Environmental Protection Agency, Florida Department of
Environmental Regulation, Florida Statutes, County and City ordinances, including keep
Tamarac Beautiful Program (Exhibit C), regulations, including future requirements which
have been presently promulgated and are pending or as yet to be announced.
7.2 Sale of Recyclable Materials Contractor shall use its best efforts to maximize the
economic return from the sale of the recyclable materials.
7.3 Reporting Requirements The franchise collector shall keep records of recyclable
materials picked up in the City, so as to allow the City to meet the State of Florida DER
reporting requirements. These reporting requirements must be included in the
Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly
tonnage report, and a breakdown of the commodities recycled). Information must be
provided on the State's approved report form as amended hereto.
SECTION 8. LABOR FORCE 0
Contractor shall provide the City with written information regarding compliance with
this provision upon request of the City. Contractor shall employ only such superintendents,
foremen, and workmen who are reasonably careful and competent and fully qualified to
perform the duties or tasks assigned to them. All employees of Contractor and/or its
subcontractors, if any shall comply with all laws and regulations, and shall have sufficient
skill, ability, and experience to properly perform the work assigned to them and operate any
equipment necessary to properly carry out the performance of their assigned duties.
SECTION 9. EQUIPMENT
Contractor, at its sole cost and expense, shall furnish and maintain all Equipment
as is considered reasonably necessary to perform the work in an acceptable manner and
at a satisfactory rate of progress. The equipment shall be maintained in a first class, safe
and efficient working condition throughout the term of the Contract 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 Contract. Contractor shall
maintain files and records of all citations and violations of any laws, statutes, ordinances,
or regulations in the ownership, title, maintenance, or operating of the Equipment and such
files and records shall be available upon reasonable notice for review by the City.
0 SECTION 10. PERFORMANCE BOND OR SECURITY
Except as provided herein, as security the Contractor shall furnish to the City a
•
Performance Bond, Letter of Credit or Cash Bond guaranteeing the faithful performance
of this Contract. The Security shall be in a form acceptable to the City's Attorney and shall
be for the term of this Contract and in an amount equal to the greater of $2,500, or a sum
amounting to the annual average of three months of franchise fees for the past contract
year, if less than 12 months, the actual number of months of service shall be used in
calculation. The Security shall be furnished to the City by the Contractor within ten (10)
days of the date of execution of this Contract or any renewal hereof. Without limiting any
other indemnity provisions herein, said Security shall indemnify the City against any loss,
expense, cost or damage resulting from any default by Contractor hereafter or any failure
of performance by the Contractor. The City Attorney is hereby delegated the authority to
approve not only the form of the Security, but also the financial capabilities of the surety
to perform.
SECTION 11. VEHICULAR IDENTIFICATION
All vehicles and equipment used by the Contractor for the Collection commercial
Solid Waste shall be clearly marked with the Contractors name in letters of a size sufficient
to reasonably identify the vehicle, but not less than five inches (F) in height. In the event
the City shall at any time require, the 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 inches (F) in height.
SECTION 12. REGULATION OF COLLECTION CONTAINERS
The Contractor shall provide its Customers with appropriate containers for
Collection of commercial Solid Waste, subject to the following requirements:
(i) All such containers shall be constructed according to the generally
accepted industry standards.
(ii) All roll -off containers shall be covered to prevent the scattering of
the container's contents while in transit.
(iii) All such containers shall be cleaned and maintained on a regular
basis by the Contractor so as to be in good repair.
(iv) All such containers shall be clearly marked with the Contractor's
name and telephone number in letters not less than two inches (2")
in height. Contractor shall replace any damaged container within
forty-eight (48) hours if notified by the City or its Customers.
SECTION 13. HEALTH AND SANITATION
The Contractor shall establish and enforce in its operations and among its
employees such regulations in regard to cleanliness and 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. The Contractor shall maintain at its
sole cost and expense copies of all permits and licenses required for its Collection of Solid •
Waste services either from the City, County, State or Federal Government.
SECTION 14. PERFORMANCE EVALUATION AND MONITORING
14.1 Reimbursement of Costs Contractor shall reimburse the City for all documentable,
out-of-pocket costs and expenses incurred by the City in connection with the award of this
Contract to Contractor. On or before the 30th day after the end of the contract or extension
thereof, the City shall submit to the Contractor a detailed list of all such costs which are
reimbursable pursuant to this provision. Such costs shall becertified as to their
completeness and accuracy by the City Manager and shall be deemed accurate unless the
Contractor notifies the City in writing of its disagreement to any such costs within thirty (30)
days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this
provision shall not exceed an aggregate amount of Three Thousand Five Hundred and
Dollars ($3,500) and shall be paid by the Contractor 45 days after receipt of invoice from
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the City.
14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred
in auditing the gross receipts of Contractor under this Contract. Such costs shall be
submitted to Contractor in writing within thirty (30) days after the completion of each audit
no more often than annually. Such costs shall be certified as to completeness and
accuracy by the City Manager of the City shall be deemed accurate unless Contractor
notifies the City in writing of its disagreement with any such cost within thirty (30) days after
receipt thereof. Reimbursement pursuant to this provision shall be paid by the Contractor
to the City on or before forty-five (45) days after receipt of such costs from the City and
such reimbursement shall not exceed an aggregate amount of Four Thousand and no/100
Dollars ($4,000) per Contractor for any Agreement Year.
SECTION 15. NON-COMPLIANCE BY THE CONTRACTOR
In the event Contractor shall fail to perform any of the material provisions of this
• Contract, the City shall provide the Contractor with written notice of its non-compliance,
stating with reasonable particularity facts relating thereto. Thereafter, if the practice, event
or condition is not reformed, corrected or otherwise made to comply with the terms of this
Contract within a period of time which is reasonable in relation to the nature of the practice,
event or condition of Non-compliance, but in no event more than ten (10) days from the
date of the notice of violation, the same shall constitute an Act of Non-compliance. For
each such Act of Non-compliance, the Contractor shall pay the City the sum of One
Hundred Dollars ($100) per day for each day that such Act of Non-compliance shall
continue. This remedy is hereby expressly made cumulative of other remedies available
to the City at law or in equity for breach of this Contract.
SECTION 16. TERMINATION BY CITY
16.1 Termination by City for Cause
16.1.1 Default Default by the Contractor shall occur if the Contractor fails to
observe or perform a material portion of it's duties under this Contract ("Default").
The City may terminate the Contractor's performance of services under this
Contract in the event of Default by the Contractor and a failure by the Contractor to
cure such Default after receiving notice thereof, all as provided in this subsection.
Should Default occur, the City may deliver a written notice to the Contractor
describing such Default and the proposed date of termination. Such date may not
be earlier than the thirtieth (30th) day following receipt of the notice. The City, at its
sole option, may extend the proposed date of termination to a later date. If prior to
the proposed date of termination, the Contractor cures such Default, then the
proposed termination shall be ineffective. If the Contractor fails to cure such Default
prior to the proposed date of termination, then the City may terminate the
Contractor's performance under this Contract as of such date.
16.1.2 Post Termination Services Upon the effective date of termination as
contained in the notice, the Contractor shall, unless the notice directs otherwise,
immediately discontinue all service in connection with this Contract and shalt .
proceed to cancel promptly all existing orders chargeable to this Contract. Within
ten (10) days of receipt of notice of termination, the Contractor shall submit to the
City monthly reports and revenues required under this Contract to the date of
termination.
16.1.3Remedies In addition to, or in lieu of, the termination procedure set
above, the City may take any or all of the following actions in the event of a
default by the Contractor:
(i) If the City determines, and notifies the Contractor, that such Default poses
an immediate threat to the health or safety of any person or to any property
interest, and if the Contractor has not cured such Default within twenty-four (24)
hours after receipt of such notice, the 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 the City performs such work, or causes it to be performed, the
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Contractor shall bear the cost of such work, and if necessary, shall reimburse the
City for the cost thereof. The City shall have the right to deduct any such
compensation due to the City from any sums otherwise due and owing to the
Contractor.
(ii) The City may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, costs, expenses or liabilities that the City
has incurred as a result of Contractor's default.
(iii) City may exercise its rights under Section 15 hereof.
SECTION 17. BOOKS AND RECORDS
The Contractor hereby agrees to maintain, at its local office or principal place of
business within Broward County, adequate books and records relating to the performance
of its obligations under this Contract and in a form sufficient to identify its gross receipts.
The City or its auditor may request to review those books and records which are
reasonably necessary to determine gross receipts and the Contractor shall provide same.
is Audits, upon reasonable notice, by the City shall not be performed more frequently than
once a year during normal working hours. The City may, upon reasonable notice, cause
an audit to be performed by City Personnel or by an independent party designated by the
City of that portion of the Contractor's books and records relating to its payments for gross
receipts. The cost of an annual audit pursuant to this provision shall be a reimbursable
cost under Section 14 hereof. No original notes or work papers can be removed from the
inspection location.
SECTION 18. INDEMNIFICATION
18.1 Contractor's Indemnification of City The Contractor hereby assumes risk of loss
and/or injury to property and/or persons arising directly or indirectly from the performance -
of
of any of its obligations under this Contract and further agrees to indemnify and hold
harmless the City, its officers, agents, servants and employees from and against any and
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all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not
limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or
injury. Without limiting the foregoing, the indemnity provided herein shall specifically
include any claim against the City arising out of any of the Environmental Laws (as herein
defined).
SECTION 19. INSURANCE
19.1 General The Contractor shall not commence work under this Contract until it has
obtained all the insurance required under this Contract, and such insurance has been
approved by the City. Contractor shall be responsible for delivering to the City the
Certificate of Insurance for approval. Contractor shall name the City of Tamarac as an
additional insured on the Certificate of Insurance. All insurance policies shall be issued by
companies duly licensed to write business insurance policies in the State of Florida and
rated -A- or better by A. M. Best Key Rating Guide. Further, the City shall be named as
an additional 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 the City, and shall be delivered to the City's Risk Manager 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 the Contractor under the terms
of this Contract. The 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 prosecution of its work.
19.2 Compensation Insurance The Contractor shall maintain, during the term of this
Contract and any renewals, Workers' Compensation Insurance on all of its employees to
be engaged in work under this Contract, and shall require the same from any
subcontractors used. In the event that any class of employees engaged in hazardous work
pursuant to this Contract is not protected under the Workers' Compensation Statute, the
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Contractor shall provide adequate employer's general liability insurance for the protection
of employees not so protected.
19.3 Comprehensive General Liabillily Insurance The 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).
19.4 Automobile Insurance The Contractor shall procure and maintain, during the term
of this Contract and any 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).
19.5 Excess Umbrella Liability The Contractor shall procure and maintain, during the
term of this Contract 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.
19.6 Scope_ of Insurance The insurance required under the above paragraphs shall
provide adequate protection for the Contractor against damage claims which may arise
from operations under this Contract, whether such operations be by the insured or by
anyone directly or indirectly employed by the insured. The City shall be named as an
insured on all of Contractor's insurance policies provided for herein.
19.7 Local Agent For Insurance And Bonding The insurance and bonding companies
with whom Contractor's insurance and cash 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 the City, or any other
claimant, or any property owner who has been damaged, may have against the 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
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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 the Contractor has obtained the required
insurance coverage. At the request of the 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 the 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.
SECTION 20. CONTRACTOR'S LOCAL OFFICE
20.1 Office/ManagingOffice/Managing Agent Throughout the term of this Contract, the Contractor shall
establish and maintain a local office or authorized managing agent within the Broward
County and shall designate in writing within ten (10) days of execution of this Contract the
agent upon whom all notices may be served from the City. Service upon Contractor's
agent shall always constitute service upon the Contractor.
20.2 Hours Contractor's local office shall be open during collection hours so that
customers can lodge complaints, request for information, and requests for service. At a
minimum, the Contractor's local office shall be available during the hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
20.3 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. Attendant(s) shall
receive calls in a courteous and polite manner, record all complaints, and resolve all
complaints in an expeditious manner within the next business day.
16 is
SECTION 21. CUSTOMER COMPLAINTS
Contractor shall within ninety (90) days of the Commencement Date of this Contract
establish a written procedure for handling all service complaints from Customers. A copy
of such procedure shall be kept at the local office of Contractor and provided to the City
within such ninety (90) day period. At a minimum the Customer complaint procedure shall
provide that all Customer complaints shall be resolved within the next business day of
receipt of such complaint. Further the Contractor shall supply the City upon request with
copies of all complaints indicating the date and hour of the complaint, the nature of the
complaint and the manner and timing of its resolution. The Contractor shall maintain a
customer complaint log during the term of this contract. If a complaint is not resolved tothe
satisfaction of the customer the City shall have the right to intervene on behalf of that
customer.
SECTION 22. MISCELLANEOUS PROVISIONS
22.1 Independent Contractor The relationship of the 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 Contract. By entering into this Contract with the City,
Contractor acknowledges that it will, in the performance of its duties under this Contract,
be acting as an independent contractor and that no officer, agent or employee of the
Contractor will be for any purpose an employee of the City and that no officer, agent or
employee of the 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 and
ordinances of the City.
22.2 Non -waiver of Powers and Regulations This Contract shall not be taken or held
to imply the relinquishment or waiver by the City of its power to make other reasonable
requirements or regulations pertaining to the subject matter hereof, and the 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,
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the right to adopt and enforce regulations to protect and promote the health and general
welfare of the public from danger and inconvenience in the management and operation of
garbage, and Solid Waste services detailed herein. Further, nothing herein contained shall
constitute a waiver of any of the requirements of the rules and regulations heretofore
adopted by the 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.
22.3 Venue This Contract shall be considered consummated in Broward County, Florida.
All actions brought hereunder shall be brought exclusively in Broward County, Florida.
22.4 Exhibits The Exhibits "A", "B", and "C", are incorporated herewith by reference for
all purposes as though fully set forth.
22.5 Paragraph Headings The section and paragraph headings contained herein are
for the convenience in reference and are not intended to define or limit the scope of any
provision of this Contract.
22.6 Entire Agreement This Contract 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 Resolution of the City Commission of the City.
22.7 Bankruptcy_ This Contract shall terminate in the case of bankruptcy (whether
voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such
termination shall take effect on the day and at the time that the bankruptcy action is filed.
22.8 Discrimination Prohibited: Affirmative Action Contractor, in the execution,
performance, or attempted performance of this Contract, shall not discriminate against any
person or persons because of sex, race, religion, color, or national origin, handicap or
marital status. The said Franchise Collector's employees or applicants for employment (as
provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977)
understand and agree that this Contract is conditioned upon the veracity of this Statement
of Assurance. Furthermore, the Franchise Collector herein assures the City that said
18 0
Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when federal
grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as herein above 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. The
Contractor must be an Equal Opportunity Employer and have an affirmative action plan.
22.9 Time is of the Essence Time shall be deemed to be of the essence of this
Contract 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.
22.10 Right to Re uire Performance The failure of the City at any time to require
performance by the Contractor of any provisions hereof shall in no way affect the rights of
the City thereafter to enforce the same, nor shall waiver by the City of any breach of any
provisions hereof be taken or held to be a waiver of any succeeding breach of such
provisions or as a waiver of any provisions itself.
• 22.11 Unenforceable Provisions If any provision of this Contract shall be declared
illegal, void or unenforceable, the other provisions shall not be affected and shall remain
in full force and effect.
22.12 Notices Any 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:
Contractor: a�KIN S� oe-,P.
c l %�.
a uto rL. 3o(v 9
G
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City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (954) 724-1230
With a copy to: City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (954) 724-1240
22.13 Force Maieure Neither the Contractor nor the 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 the Contractor.
22.14 Prior Contracts This Contract supersedes and replaces all verbal communications,
agreements and any previous written contracts, and effective immediately, which contract,
upon the effective date of this Contract shall be null and void and of no further force and
effect.
22.15 Approval„by the City Commission This Contract shall not be considered fully
executed or binding or effective on the City until the same shall have been approved and
accepted by the City Commission of the City of Tamarac in open meeting as required by
law and executed by the Contractor and the City. After such approval and acceptance, the
City shall deliver to the Contractor a certified copy of the Resolution as evidence of the
authority of the person authorized to bind the City to the terms, covenants and provisions
of this Contract and.to perform the same in accordance herewith.
22.16 Compliance with Laws 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 the Contractor, its officers, agents, employees, contractors, then Contractor shall
immediately desist from and correct such violation.
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22.17 Right to i2eriodic reviews. The City shall have the right to conduct periodic public
meetings, to review and consider the performance of the contractor regarding its
compliance with the material terms of the franchise, any amendments desired by the
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.
22.18 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 the Contractor to act in a manner which, affects or,
is inconsistent with any provisions of the Franchise Documents, the City Commission shall
be authorized to determine whether a material provision of the Franchise Documents is
affected in relation to the rights and benefits conferred by the Franchise Documents upon
the City or the public. Upon such determination, the 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 the City, or
the public.
22.19 Accounting standards. Not less than annually, the Contractor shall provide the
City with an unqualified certification of an independent certified public accountant certifying
the accuracy of the monthly franchise fee payments paid within the preceding twelve (12)
months.
21
0 CRY of Tamarac Agreement for Commercial Waste Haulers
This Contract shall be effective this the day of , 1921 which shall be
the Commencement Date hereof.
THE CITY OF TAMARAC, FLORIDA
ATTEST: By:
Schreiber, Mayor
7
y Date:
Robert S. Noe, Jr., City Mana er
ATTEST: By:
Robert S. Noe, Jr.
By: City Manager
Carol Gold, C,AAE Date: 9 - �'—
City Clerk
I
Mitchell'S. Ki
City Attorney
•
22 0
STATE OF FLORIDA
:SS
COUNTY OF BROWAR❑ :
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally
appeared aaSc�,8� to me known to be the person(s) described in and who
executed the oregoing instrument and acknowledged before me that
executed the same.
WITNESS my hand and official seal this 91 day of ��z-yti�r�_ 19
NOTARY BLIC, State of
Florida at Large
tiOFTNUAL NOTARY WAL
JUNE A WHM
NOTARY PUBLIC STATE OF FLORIDA
• COMdEMN NO. CC 77=
COIM[LSSION W. SEFr 152i
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
DID take an oath, or Type of I.D. Produced
( )
( L- DID NOT take an oath.
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Cily of Tamarac Agreement for Commercial Waste Haulers
ATTEST:
ror
(Corporate Seal)
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 acknowledgements, personally
appeared % to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me and under oath that
executed the same.
WITNESS my hand and official seal this O day of j (i rLe' , 19 9 �'
NOTARY PUBLIC, State of
Florida at Large
'iw:=•ftN CHRISTIM
O1 ORIO
r MY COMMISSION 9 CC 787%9
', EXPIRES; November 3. 20p2
(Name of N
Print, Stamp, or Type as
Commissioned)
Personally known to me, or
Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( ) DID NOT take an oath.
24
•
•
•
LIST OF EXHIBITS
Exhibit "A" - Intergovernmental Agreement between the City of Tamarac and Broward
County
Exhibit "B" - Performance Standards
Exhibit "C" - Keep Tamarac Beautiful Program
25
EXHIBIT "A" 0
INTERLOCAL AGREEMENT BETWEEN TAMARAC AND BROWARD COUNTY
•
26 0
. EXHIBIT "B"
CITY OF TAMARAC
PERFORMANCE STANDARDS
1. Commercial Container Collection
(a) Container Sizes available: Based on General Industry Standards
(b) Schedules Available: Six times weekly (for food establishments), or minimum
of once per week (See Section 19.2 (a) & (b) of Tamarac City Code for further
details).
(c) Hours of Operation: See Section 9.86 through 9.91 of Tamarac City Code.
(d) New Service: A listing will be maintained in the Yellow Pages.
(e) Blocked Containers: If access to a container or the equipment is blocked to
prohibit the collection or interfere with collection in any manner, customer will be
notified and one additional attempt for collection shall be made by the Company's
vehicle within a reasonable time period.
(f) Overfilled Containers: Container will not be emptied if a safety hazard exists.
Customer will be contacted to remove excess. The pickup will be rescheduled
when excess refuse has been removed.
(g) Container Maintenance: Containers that have been damaged will be
exchanged or repaired within 5 working days of notification. If the damage is not
due to servicing or a defect in materials and workmanship, a fee will be charged to
the customer. The amount will depend on the repairs needed. All containers will
be exchanged or maintained at no greater than 24 month intervals to maintain a
good appearance considering type of refuse generated, normal wear and
weathering. If an unsightly condition develops due to fire, paint or other causes
beyond the control of the Contractor, the container will be exchanged upon the
request of the customer.
(h) Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers. -
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(i) Non -Payment:. Customers will be notified in writing no more than 45 days past
due. If unpaid after 60 days, customer will be notified in writing that service is being
suspended until account is paid in full. Notification will be sent to the City of
Tamarac's Code Enforcement Division.
0) 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,
company or company's agents may remove such material.
2. General
(a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday.
(b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving,
Christmas. Pickups scheduled for these days will be omitted.
(c) Weather permitting, all vehicles used by the Contractor shall be washed one
time per week.
(d) The Franchise Collector shall preserve from damage all property along the route
of the Collection Services, or which is in the vicinity of or is in any way affected by
the performance of the Collection Services. This applies, but is not limited, to the
public utilities, trees, lawn areas, building monuments or markers, fences, pipe, and
underground structures, public streets, (except natural wear and tear of streets
resulting from legitimate use thereof by the franchise collector), and wherever such
property is damaged due to the activities of the Franchise Collector, it shall be
restored, within a reasonable period of time to, its prior condition by the Franchise
Collector at its own expense. The franchise collector shall act in good faith.
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EXHIBIT "C"
KEEP TAMARAC BEAUTIFUL PROGRAM
The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program.
*Educating and involving citizens, businesses, community organizations and
government in responsible voluntary actions that will influence citizen
participation in promoting a cleaner, safer, healthier, and more beautiful
community.
*Studying, investigating and developing plans for the cleanliness of the City.
*Furthering the advancement of geographical recycling through education,
promotion, solicitation of funds and implementation of facilities and programs
on the local level.
*Soliciting and accepting donations and appropriations of monies, services,
10 products, property, facilities and disbursement of said funds for the
accomplishment of the objectives of this program.
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