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Home My WebLink AboutCity of Tamarac Ordinance O-2000-006Temp. Ord. #1876 Page 1 January 13, 2000 CITY OF TAMARAC, FLORIDA Ordinance NO. 0-2000-� AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN ADDENDUM TO THE 1994 AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR FURNISHING SINGLE FAMILY SOLID WASTE COLLECTION FOR AN ADDITIONAL FIVE YEAR TERM TO END MARCH 31, 20051 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 4, 1994, the City of Tamarac and All Service Refuse Company, Inc. entered into an Agreement for single-family solid waste collection; and WHEREAS, based upon the favorable rate structure and the high -quality level of service, it is recommended that the term of this agreement be extended an additional five years; and WHEREAS, the Assistant Director of Public Works recommends approval of renewal; and WHEREAS, the City Commission deems it to be in the best interests of the citizens and residents of the City of Tamarac to authorize the appropriate City officials to execute a renewal of the terms of the 1994 single-family solid waste collection Agreement with All Service Refuse Company, Inc., to end on March 31, 2005. Temp. Ord. #1876 Page 2 January 13, 2000 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 the addendum to the Agreement between the City of Tamarac and All Service Refuse Company, Inc., for single-family solid waste collection, attached hereto as Exhibit 1s and made part hereof. SECTION 3: Upon execution of the Addendum to the 1994 Agreement with All Service Refuse Company, Inc., the renewal of said Agreement shall begin on April 1, 2000, with the term ending on March 31, 2005. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ordinance. 1 Temp. Ord. #1876 Page 3 January 13, 2000 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this �O day of, , 2000. PASSED, SECOND READING this 9 day of, , 2000. ATTEST: CAROL Gold, C/AAE City Clerk I HFJEBY CERTIFY that I have ap'pr d this Ordirience as to fc 6�— MITCHELL S. City Attorney n k E SCHREIBER Mayor RECORD OF COMMISSION MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: _ V/M M{„SHKIN DIST 3: COMM. SULTANOF DIST 4: COMM. ROBERTS U:\adm correspondence\agendas\18760RD-ASR Solid Waste Renewal Agreement ri Addendum to October 4, 1994 Agreement Between the City of Tamarac And All Service Refuse Company, Inc. For Furnishing Single -Family Solid Waste Collection This Addendum to the Agreement between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida 33321 (hereinafter "CITY") and All Service Refuse Company, Inc., a Florida corporation with principal offices located at 751 NW 31 Avenue, Fort Lauderdale, Florida 33311 (hereinafter "CONTRACTOR") is made and entered into this day of i%v1.rLa�_ra� 2000. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated October 4, 1994, relating to the furnishing of single-family solid waste collection in the City of Tamarac; and WHEREAS, article 4.3 of the Agreement between CONTRACTOR and the CITY provides for renewal for a five (5) year period of time; and WHEREAS, the CITY agrees to take over the billing from the CONTRACTOR; and WHEREAS, the CONTRACTOR agrees to include two (2) additional bulk pickups per year at no additional cost to residents in exchange for the billing; WHEREAS, the CITY chooses to renew the term of the Agreement with CONTRACTOR until March 31, 2005; WHEREAS, article 9.1 of the Agreement between CONTRACTOR and the CITY shall reflect current prices; and NOW, THEREFORE, in addition to the obligations set forth in the Agreement of October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows: 1. Article 4, Term is amended to read as follows: Article 4 Term §4.1 Contract Terms 1 Term of this agreement began on June 1, 1993 and is extended by this Agreement which shall expire Der -ember March 31, 20051999. 2. Article 5 , Scope of Services, §5.9 Bulk Waste Collection is amended to read as follows: Article 5 Scopeo_f services §5.9 Bulk Waste Collection CONTRACTOR shall collect bulk wastes nn__e quarterly basis six (6) times per year nn the residences first-scbPrfilled pick-up during the first week in the months of February, hday, June, August, and Novemhe[ December and during the fourth week in the months of April and October of each year unless an alternative schedule is agreed to by CONTRACTOR and CITY. The removal of these items shall be limited in size and weight to allow a two -man crew to lift item, fit it in the hopper of vehicle and allowing for normal compaction. In the first month of each year, CONTRACTOR shall provide CITY with an annual list of all bulk waste pickup days and shall notify the public of the schedule of collection in a local newspaper approved by CITY. 2. Article 6, Compensation, §6.3 Storm/Disaster is amended to read as follows: 0 Article 6 Schedules and Routes §6.3 Storm/Disaster 1) Boom Truck (with driver/operator) Rear Loader Truck (with driver plus 2 helpers) Roll -Off Truck (with driver/operator) $85 On $93.00/per hour $ J 10 nn $120.001per hour $inn nnnn $110.00/per hour 3. Article 8, Rates, Records , Billing, §8.3 Billing, §8.4 Billing Schedule, and §8.5 Vacation Credit are amended to read as follows: Article 8 Rates Records Billing (c) NON-PAYMENT by CUSTOMER: CITY agrees to use reasonable efforts to collect accounts on a timely basis, however, CITY shall not be held liable for any uncollected or delinquent accounts. CITY agrees to permit CONTRACTOR or its authorized representative to audit or inspect CITY's records relative to the 2 No Text • w iL_9 • . • w A • w won w MT • w . • w A� • L w A • w r t �.. §8.4 Billing Schedule: ME • � A • w • A • w • � w A • w (a) Where the billing is now done by the CONTRAG CITY the CITY shall pav the CONTRACTOR on a monthly basis. by the 15 th of the month, for amounts collected by the end of the previous calendar month. CITY shall deduct its franchise fees (15%) from collected amounts and remit balance to CONTRACTOR bil',iRg may be made quarterly sixty (60) days. GONTRAGTOR shall PFGVide CITY Mdh s6aid i4oFmation OF; aR CONTRACTOR shall remit to CITY on a quarterly basis 15% of the gross proceeds from sale of CITY approved bags to vendors as described in_§8.3(a). Vacation Credit: GrnniTaerTQR t6haall pFGvide a A one (1) month vacation credit shall be provided to any unit that is vacant for one (1) month or longer. Such credit shall be applied retroactively. Customer shall notify CITY in writing and provide a copy of utilitv bill showing a considerable decrease in water • consumption during the vacationcredit period in to C� receive vacation credit. Also customer shall be current with paVments to be eliqible for vacation credit. 4. Article 9, Compensation, §9.1(a) Single -Family Residential service is amended to read as follows: Article 9 Compensation §9.1 Single Family Residential Service: (a) $11.99 $14.74 per month, per single family unit, and $-.W $1.15 per bag for additional garbage exceeding 2 containers placed at curbside pick up. 5. The October 4, 1994, Agreement between CITY and CONTRACTOR and all subsequent amendments and addendums thereto not subject to this or other duly executed amendments and addendums remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive any rights contained therein. 6. The effective date of this Addendum to the Agreement shall be the 1't day of April , 2000. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to the October 4, 1994, Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor, and All Service Refuse Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to execute same. 61 CITY OF TAMARAC Joe Schreiber, Mayor ATTEST: 4AT�E:. Carol Gold, CIVIC E re L. Miller City Clerk City Manager Date:_ -6-o Date:_ -/C, -Cay prov#f as to �19`n and MitchAINS. Ki City Attorney L` C.1 C ATTEST: 1�4v; J A ,34t�4l Type narie of Corporate Secretary (CORPORATE SEAL) CONTRACTOR All Service Refuse Company, Inc. A Florida Corporation By: FH1arold Carter Vice -Presiders Date: 3 ozo o v STATE OF FLORIDA COUNTY OF BROWARD • Before me personally appeared #6ato-eq C"J" to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my hand and official seal, this day of 07000 N tary Publ� , State of lorida At Large r 44"') P oybele-'41'E Print or Type Name of Notary My Commission Expires: d- /9 oZ, 03 Personally known Produced Identification Did/Did Not take an oath ( • 12003 !.DNoy!F