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City of Tamarac Ordinance O-2001-012
Temp. Ord. #1932 Page 1 of 4 June 13, 2001 Rev. #1, June 21, 2001 Rev. # 2 July 11, 2001 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A SECOND ADDENDUM TO THE 1993 AGREEMENT BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT, INC., D/B/A SOUTHERN SANITATION FOR FURNISHING MULTI FAMILY SOLID WASTE COLLECTION FOR AN ADDITIONAL THREE YEAR TERM TO BEGIN JULY 1, 2001 AND END DECEMBER 31, 2004; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1993, the City of Tamarac and Waste Management, Inc., entered into an Agreement for Multi -Family Solid Waste Collection Services, a copy of said Agreement attached hereto as Exhibit 1; and WHEREAS, the term of this Agreement was for five (5) years with the option of renewing the Agreement for one (1) three (3) year period provided the parties exercised this option by July 1996 and the total remaining Agreement did not exceed eight (8) years; and WHEREAS, pursuant to Article 4.1, the original Agreement was extended through an Addendum, referred hereto as First Addendum, on September 29, 1995 and extended until December 31, 2001, a copy of said addendum attached hereto as Exhibit 2; and 1 Temp. Ord. #1932 Page 2 of 4 June 13, 2001 Rev. #1, June 21, 2001 Rev. # 2 July 11, 2001 WHEREAS, Article 4.3 of the First Addendum allowed the option of renewing the Agreement for one (1) three (3) year period, provided the parties exercised this option by July 2000 and the total remaining Agreement did not exceed twelve (12) years; and WHEREAS, on July 6, 2000, Waste Management, Inc., sent a letter to the City Manager advising that certain operational concerns raised by the City would be corrected, a copy of said letter attached hereto as Exhibit 3; and WHEREAS, at a July 10, 2000 Workshop meeting, the City Commission directed staff to enter into negotiations with Waste Management, Inc.; and WHEREAS, in a July 25, 2000 letter to Waste Management, Inc., the City Manager outlined the Agreement renewal process and stipulated the implementation and adherence to certain required corrective actions as condition of Agreement renewal, said letter attached hereto as Exhibit 4; and WHEREAS, Waste Management, Inc., responded in the affirmative and agreed to implement and adhere to City's required corrective actions; and WHEREAS, based upon the implementation of and adherence to corrective actions, the completion of a satisfactory financial audit, and the satisfactory level of service, it is recommended that the Agreement be renewed until December 31, 2004 by executing the Second Addendum to the Agreement; and WHEREAS, the Director of Public Works, Director of Finance, and Special Projects Manager recommend approval of Second Addendum; and Temp. Ord. #1932 Page 3 of 4 June 13, 2001 Rev. #1, June 21, 2001 Rev. # 2 July 11, 2001 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 1993 Multi -Family Solid Waste Collection Agreement with Waste Management, Inc., to end on December 31, 2004. 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 Second Addendum to 'the Agreement between the City of Tamarac and Waste Management, Inc., for Multi -Family Solid Waste Collection, a copy of said addendum attached hereto as Exhibit 5, and made part hereof with the renewal of said Agreement beginning on July I, 2001 with the term ending on December 31, 2004. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. Temp. Ord. #1932 Page 4 of 4 June 13, 2001 Rev. #1, June 21, 2001 Rev. # 2 July 11, 2001 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 27th day of June, 2001. PASSED, SECOND READING this 111h day of July, 2001. SCHREIBER Mayor ATTEST: L MARION SW NSON, CIVIC City Clerk I HER ERTIFY that have appr e t s O nanc as to form. `M-IfV4ELL S. KRA t"/ City Attorney U:\adm correspondence\agendas\19320RD-WMI MF Solid Waste Agreement Renewal 1 Exhibit 1 TUP. ORD. No 1 a - AGREEMENT BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT INC., OF FLORIDA DB/A/ SOUTHERN SANITATION FOR FURNISHING MULTI -FAMILY SOLID WASTE COLLECTION SERVICES FEBRUARY 24,1993 AGREEMENT BETWEEN THE CITY OF TAMARAC AND WASTE MANAGEMENT INC., OF FLORIDA DB/A/ SOUTHERN SANITATION FOR FURNISHING MULTI -FAMILY SOLID WASTE COLLECTION SERVICES This is an Agreement dated the 24th day of February, 1993, 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 Waste Management Inc., of Florida d/b/al Southern Sanitation, 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 • Shall have the meaning set forth in Section 403.703 Florida Statutes. 1.2 BULK WASTE: Stoves, refrigerators, water tanks, washing machines, furniture and other waste material other than construction debris, weights or volumes greater than those allowed for containers generated incidental to the use of the occupancy of the property where the bulky item is placed for collection. 1.3 j5usMSS: Retail, professional, wholesale and industrial facilities and other commercial enterprises offering goods or services to the public. 1.4 • Business establishments (for profit or not for profit) within the City of Tamarac. 1.5 : 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 CQNSTRUCTION DEBRIS: Waste building materials resulting from construction, remodeling, repair or demolition operations. 1.7 : Any dumpster, compactor, roll -off container, garbage can or bag, as defined herein. 1.8 : Any condominium or multi -family association or designated representative of a condominium or homeowner organization that utilizes the services of the CONTRACTOR. 1.9 DEAD AMLUALS: Dead animals shall mean any four legged, two legged, fur, fin, feather livestock, household pet or otherwise. 1.10 pISPOSAL STU: A site or facility legally empowered to accept solid waste for treatment or disposal as approved by the City of Tamarac, Sroward County, and the State of Florida governing agencies. 1.11 : Any detachable metal container designed or intended to be mechanically dumped into a fork -type front end loader or rear -end loader truck or similar mechanism garbage truck and varying in size from two (2) to eight (8) cubic yards. 1.12 DI,.PZEX: A detached two-family structure designed or intended for occupancy by two (2) families. 1.13 zARBAGE: All waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, and/or vegetables or any matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other germ -carrying insects; and any bottles, cans or containers, utilized in'normal household use. -which may retain waterrand serve as breeding places for mosquitoes and other insects. 1.14 CaARDEN AND LA3YN TRASH: All accumulations of grass, leaves, shrubbery, vines, tree branches and trimmings which are normally associated with the care and maintenance of landscaping. 1.15 : All accumulations of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature other than garbage or lawn clippings, which are usual to housekeeping and to the operation of stores, offices or other business places. 1.16 : A residential building which contains more than one (1) living unit, including but not limited to condominiums and duplexes. City may designate duplexes which do not require CONTRACTORS service. 1.17 : 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. 1.18 : An occupant of a residential unit who generates refuse. 1.19 : Any vehicle which is not in violation of any provision of this Agreement is a proper vehicle. 1.20 REFUSE1 OUD WASTE: Garbage, rubbish, bulky waste, construction or demolition debris and other discarded matter within the corporate limits of the city. 2 1.21 REFUSE REGULAIMISS: All administrative rules, regulations and procedures that may be established for the purposes of carrying out or making effective the provisions of this agreement. 1.22 RESMENTIAL. ,R3aCE (MULTI -FAMILY): All refuse collection service provided to all residential dwelling units, including townhomes, duplexes, triplexes, condominiums - and all other multi -family dwelling units within the service area. 1.23 ROLL -OFF CONTAINER: Containers for large accumulations of refuse with a range capacity from 10 to 40 yards (open top) or from 15 to 45 yards (compactor compatible). 1.24 RUBBISH: All waste wood, wood products, tree trimmings, grass cuttings, dead plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust, printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used and discarded clothing, used and discarded shoes and boots, combustible waste pulp and other products such as are used for packaging or wrapping, crockery and glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and any and all other waste materials not included in the definition of Bulky Waste, Construction Debris, Garbage, Hazardous Waste, and Special Waste. 1.25 SCOPE OF WORK: The work under this Agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete 'said work. 1.246 EER39CE AREA: City limits of City of Tamarac. 1.27 SPECIAL SERVICE: Any collection or disposal service provided which exceeds the uniform level of service provided under residential service systems, per the agreement, and for which a special service charge is applied. 1.28 SPECIAL_ 3YASTE: All waste which by the nature of its size, weight or chemical content requires special handling in either its collection or disposal. This includes but is not limited to tree trimmings and branches exceeding the size or weight defined in Garden and Lawn Trash, or Yard Trash, hazardous materials, appliances, bulky household items, large furniture items, construction materials, abandoned vehicles or vehicle parts, body parts, dead animals, flammables, explosives, radioactive materials or liquid waste, or any items that may not be lawfully disposed of at the disposal facility utilized by the CONTRACTOR 1.29 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. 1.30 3yHIIE GOODS ,AND FURNYJURE: Discarded refrigerators, ranges, washers, water heaters and other similar domestic appliances. 1.31 YARD TRASH - REGULAR: All vegetative matters resulting from yard and landscaping maintenance and shall include materials such as tree and shrub trimmings, grass clippings, palm fronds or small tree branches which shall not exceed four (4) feet in length and four (4) inches in diameter. Such trash shall be bundled and placed curbside for regular collection. 3 ARTICLE 2 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 right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and thoroughfares within the corporate limits of the CITY for the purpose of engaging in the business of collection of solid waste for multi -family residential customers located within the corporate limits of the CITY pursuant to the terms of this Agreement, but not otherwise. The CITY shall retain vested title to all waste materials covered by this franchise Agreement and generated within the corporate limits of the CITY until same are collected by CONTRACTOR; at which time, title shall pass to CONTRACTOR. The CITY reserves the right to establish a separate recycling collection program outside of this Agreement for newspapers, aluminum, glass, plastic or other materials. However, any reduction in the size of the container and/or frequency of pick-up in this Agreement due to a reduction in the volume of solid waste collected as a result of a bona -fide recycling program for recyclable materials shall be the subject of negotiations between the CONTRACTOR and CUSTOMER. Legal procedures shall be invoked in a Broward County Court of having proper jurisdiction pursuant to Article 17 in the event that the parties cannot agree to a reduction. `Fees/Revenues 3.1 STREET USES : In consideration of the grant contained in Article 2 hereof, the CONTRACTOR hereby agrees to pay CITY as compensation for the right to use its streets, alleys and thoroughfares an amount ("Street User Fee") equal to fifteen percent (15%) of all Gross Receipts derived from residential services (multi -family) 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. A franchise fee of 15% shall be paid retroactive from October 1,1992 until effective date of Agreement. CONTRACTOR shall provide to CITY notarized monthly and annual statements signed by an authorized representative of CONTRACTOR. Statements should accompany payments and identify in detail the categories and amounts of Gross Receipts received by CONTRACTOR, based on the records of CONTRACTOR during the month for which payment is made related to CONTRACTOR'S performance under this Agreement. If CONTRACTOR fails or refuses to make such reports and payments, CITY may maintain an action against CONTRACTOR to recover the same and all expenses of collecting same, including reasonable attorney fees. If, as a result of an annual audit pursuant to 8.2; there is a discrepancy between what should have been paid to CITY for franchise fees versus what was required to be paid to CITY pursuant to the Agreement, CONTRACTOR shall be responsible for 100% of the difference due and owing to CITY. Such difference shall be due no later than thirty (30) days after delivery of notice to CONTRACTOR of said difference. It is further understood and agreed that the consideration paid pursuant to this Agreement shall not be added on as a separate item on the resident's garbage collection bills, but rather shall be considered as an operational expense. GI 3.2 FUTURE HEYENUE: In the event CONTRACTOR establishes any other methods of collection and disposal of solid waste, CITY shall establish, at that time, a percentage of gross receipts from such collections which should be included in the calculation of the amounts due. 3.3 DFl.,1NQJJENCy EROVISION: In the event CONTRACTOR fails to make the payment for this franchise on or before the date due as hereinabove provided, CONTRACTOR shall pay an interest charge for each 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= (DER) Daily Interest Rate DIR x Days Payment Late --Interest Charge NOTE: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable state laws. 3.4 11EPINQ EFF CI&EDII: One component in the computation of multi -family residential collection fees under this Agreement between CONTRACTOR and CITY is disposal fees (tipping fees). Pursuant to the Agreement, CITY and CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if new technology is utilized by CONTRACTOR that provides verifiable cost savings in excess of the cost of such technology that benefit CUSTOMER and CONTRACTOR. The tipping fee credit shall be computed using the information supplied by CONTRACTOR as required in Article 12, including, but not limited to, the information required pursuant to Section 12.1(c) 3.5 . 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 All Urban Consumer Price Index (CPI) For All Items for the twelve (12) month period ending the previous September 30. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between December I and December 31 subsequent to the twelve (12) month period, to petition CITY by filing a petition with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City Council that the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Council and shall be final and binding. Term 4.1 CQNTRACT JERM: The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Service shall commence no later than forty-five (45) days from the date this contract is executed by both parties. 5 " __1 ( . 0-96A15) 4.2 : City shall have the option to extend the term of.this Agreement on a month=to-month basis on thirty (30) days written notice. 4.3 RENEWA.1, JERM: This Agreement shall be renewable by agreement of both parties for one (1) three (3) year period. This option may be exercised by action of the City Council and CONTRACTOR during the month of July 1996,,however, that the total remaining agreement shall never exceed eight (8) .years. These options are available at the sole discretion of the CITY, and if exercised by CITY, CONTRACTOR shall be required to provide the same services upon the same terms and conditions for the extended agreement term. CITY shall not have any obligation to exercise these options. ABTI LE 5 Scope of Services 5.1 : CONTRACTOR hereby agrees to be the solid waste collector and to collect all solid waste generated by multi -family residential customers within the corporate limits of the CITY, except as specifically excluded in this Agreement. 5.2 : • shall be provided regular refuse collection service at least two (2) times per week under this Agreement. All multi -family units are required to receive such service. (b) : CONTRACTOR -shall -provide mechanical/containerized (dumpster) refuse collection service at least two (2) times per week under this Agreement. (c) ApIlISTMENL OE SERVICE: CONTRACTOR will also provide the means to decrease container size if requested by CUSTOMER based on decrease of garbage volume as described in Article 9.1. During the first year of the contract, service level can be adjusted quarterly and thereafter service level may be adjusted no more than twice per year. (d) HOLEDAY SCHE12ULE: Pickups shall not be reduced by holidays, other than Christmas Day. CONTRACTOR shall be required to pick up refuse on all holidays other than Christmas Day. CONTRACTOR shall service all residential customers twice during Christmas week and at least one (1) pick-up shall be made after Christmas Day. (e) CONTAINER LOCATIM - Container refuse customers shall accumulate refuse at locations that are mutually agreed upon by the customer and CONTRACTOR and which are convenient for collection by CONTRACTOR. Where mutual agreement is not reached, CITY shall coordinate with CONTRACTOR and CUSTOMER to designate location. 60;6 6 ! ►.�Mrw (1) Hurs of .Co1lcc9!an: First collection per day will not begin prior to 8:00 A.M. or pursuant to Section 9-91 of the City Code herein attached as Exhibit "B" or such time as set by CITY via duly enacted ordinance. A (2) CONTRACTOR shall provide service Monday through Saturday. (3) CONTRACTOR shall not make any waste collections on a Sunday. (g) : CONTRACTOR shall negotiate with CUSTOMER the means to provide bulky waste pick-up. 5.3 : CUSTOMER may request additional garbage collection service in conformance with the rates established in Article 9. 5.4 WASIE COLLEMON: CONTRACTOR shall make collections with a minimum of noise and disturbance. Containers shall be handled carefully by CONTRACTOR and shall be thoroughly emptied and left where they were found. This work shall be done in a sanitary manner. Any waste spilled by the CONTRACTOR shall be picked up and removed by CONTRACTOR. Any receptacle found in an enclosure of any kind shall be replaced securely and properly in such, enclosure. In the event of damage by CONTRACTOR of a Customer's garbage receptacles, CONTRACTOR shall be responsible for the timely repair or replacement. 5.5 VACANT LOTS: It will not be the responsibility of CONTRACTOR to remove waste resulting from clearing property for building purposes, unless specifically Lontracted to do so. ARTICLE 6 Schedules and Routes 6.1 EQUTES OF COLLECTION: Collection routes shall be established by CONTRACTOR. CONTRACTOR shall submit a map designating the collection routes to the city for its approval, which approval shall not be unreasonably withheld. City may amend the collection routes annually so long .as such amendments do not increase the cost of CONTRACTOR to provide the services contemplated herein. 6.2 SEASQNAL QUAIS= FLUCTUA33ONS: CONTRACTOR acknowledges that at times during the year, the quantity of refuse is materially increased by fluctuation in the amount of garden and yard trash. This additional load will not be considered a justification for the failure of CONTRACTOR to maintain the established schedules and routes. CONTRACTOR shall be responsible for removal of all refuse. 6.3 : In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for CONTRACTOR and CITY to acquire additional equipment and to hire extra employees to clean city of debris and refuse resulting from the storm or disaster, CONTRACTOR shall work with CITY in all possible ways for the efficient and rapid cleanup of such debris and refuse. 7 CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and costs of rental equipment, provided CONTRACTOR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. 6.4 MISCELLANEOUS: Employees of CONTRACTOR shall not be required to expose themselves to the danger of being bitten by dogs or other animals in order to accomplish refuse collection where the owner or tenants have such animals at large. CONTRACTOR shall immediately notify CITY in writing of such condition and of its inability to make collection because of such condition. ARTICLE 7 Disposal of Solid Waste CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this agreement to the approved Broward County Recovery Disposal facilities or to any transfer station which may hereafter be utilized in the future by CITY and approved by Broward County (such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of disposal site for disposal of residential solid waste collected, pursuant to this Agreement. All alternative disposal sites must be approved in writing by CITY prior to use by CONTRACTOR. All laws, rules and regulations governing hours of operation .and disposal practices at disposal sites shall be strictly observed by CONTRACTOR. The parties hereby agree that all services provided by CONTRACTOR pursuant to this agreement shall be carried out in a confident and business -like manner and in compliance with the standards and specifications set forth in the attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any subcontractor without written prior approval by CITY. Any revision or establishment of new performance standards shall be approved by Council and upon such approval, shall become a part of this agreement as though fully set forth herein. The allocation of any and all costs which may be hereafter incurred by CONTRACTOR in conforming with any changes in the performance standards, shall be negotiated by CONTRACTOR and CITY in good faith. ARTICLE $ Rates, Records, Billing 8.1 $gam: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor. The rate for multi -family service shall be adjusted either upwards or downwards as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (.10) per cubic yard plus the applicable franchise fee for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. 0 (a) In addition to the rate adjustments described above, CONTRACTOR may petition CITY any time after the first anniversary date of this agreement for a rate adjustment. CITY reserves the right to require additional information as backup for any rate increase proposal including an audit of applicable records by CITY'S Finance Department or agent thereof, CONTRACTOR recognizes that all rate increases must be approved by Resolution of the City Council and shall be considered on a timely basis by CITY. CONTRACTOR shall not bill any rate increase prior to approval by City Council and notices given to residents including the initial rates described herein. CITY shall have thirty (30) days from submission of the rate request by CONTRACTOR in which to request in writing additional backup information. (b) In the event that rates are increased or decreased at the landfillti,ncinerator/disposal site and/or by Broward County or any other state or governmental agency CITY may notify CONTRACTOR within 15 days to adjust fees based on formula as specified in 8.1. (c) The rates quoted are to apply to any area annexed into the city. (d) CONTRACTOR shall work with CITY to resolve any unforeseen problems that may arise during the term of the agreement. This includes, but is not limited to, providing extra crews and equipment in times of emergency, providing dumpsters in times of emergency, and assisting in the collection and disposal of any unusual amounts of garbage and trash accumulated by the various departments of the city. -8.2 'RECORDS: 'CONTRACTOR agrees 'to maintain, at tis 'local 'office or principal place of business within Broward County, adequate books and records relating to the performance of its obligation under .this Agreement. CONTRACTOR agrees to maintain separate records in a form sufficient to identify gross receipts from the City of Tamarac from gross receipts for other municipalities, operations. Audits, upon reasonable notice by the City, shall not be performed more frequently than twice a year during normal working hours. CITY may, upon reasonable notice, cause an audit to be performed by city persdnnel or by an independent party designated by CITY of that portion of CONTRACTOR'S books and records relating to its performance under this agreement. The cost of an annual audit pursuant to this provision shall be reimbursable costs under Section 13.3 performance evaluation and monitoring hereof. No original notes or work papers can be removed from the inspection location. 8.3 BELLING: (a) CONTRACTOR shall be responsible for monthly customer billing and collection. CONTRACTOR'S telephone number shall be included on all notices to customers and bills for service. (b) CITY shall provide CONTRACTOR with a list of all customers, billing addresses, type of service, and frequency of collection prior to commencement of service. (c) NON-PAYMENT by CUSTOMERS: CONTRACTOR may temporarily discontinue a customer's service for non-payment if a customer's account is past due in excess of sixty (60) days. If a customer's service has been discontinued for non-payment, the customer's deposit may be applied to the customer's account. 4 (d) Service shall be restored upon payment of account by customer. CONTRACTOR "may, charge a service fee of $15.00 when service is being restored after being disconnected for non-payment. CONTRACTOR may charge.a monthly late fee, not to exceed one (1%) per cent of any past due balances in excess of thirty (30) days. CONTRACTOR shall notify CITY of the discontinuation of a customer's service, if such service is not restored within ten (10) days. (e) USIOMES DEEQSITS: CONTRACTOR may require a deposit not to exceed twice the fee for monthly service. If CONTRACTOR is providing a mechanical/bulk container to the customer, the deposit may not exceed the total of the fee for two months service plus one hundred ($100) dollars for each yard of the mechanical container capacity provided. All deposit schedules shall be uniformly applied. If a customer's service has been discontinued for non-payment twice in a twelve (12) month period, CONTRACTOR may require an additional deposit equal to fifty (50%) per cent of the regular deposit. Customer deposit shall be returned or applied to the final bill when the account is closed and service is discontinued. Customer deposits shall be held in escrow by CONTRACTOR, and any deposit not refunded to customer shall be transferred to the city upon expiration or termination of the agreement. 8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a listing of all accounts for which no collections were received after sixty (60) days, a listing of all collections and a listing of all accounts that are in arrears over sixty (60) days. CONTRACTOR shall provide CITY with said information on an annual basis from multi -family customers. CONTRACTOR within sixty (60) days after commencement by a contract shall provide CITY with: (1) A list of all accounts by name and numbers. (2) The total amount billed to each account. 8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route within CITY without commingling trash/garbage with any other route (other than CII"Y'S) and provide CITY with an accurate tonnage weight analysis. 10 ARTICLE 9 Compensation . i 9.1 CQMPENSATION: CONTRACTOR shall be paid the following sums for all c service that it provides within the CITY. oprloN V. MONTHLY SERVICE Container 1x per 2x per 3x per 4x per 5x por 6x per Size week week week week Wbek week 2 cu. yds. 61.69 118.12 174.55 230.98 287.41 343.85 3 cu. yds. 76.81 148.27 219.73 291.19 362.65 434.11 4 cu. yds. 92.82 179.31 265.80 352.29 438.78 525.26 5 cu. yds. 108.45 209.97 311.46 413.00 514.52 616.03 6 cu. yds. 124.07 240.62 357.16 473.71 590.25 706.80 8 cu. yds. 154.91 301.52 448.1 594.72 741.32 887.93 (d)(t) OPTIONAL SERVICES: (up to 4 cubic yards per container) (a) Casters: _ per month maintenance per container (b) Rollout: Sper month per container for short, easy rollout, 1 time per week S 1 00 per month for each additional day per week $ 1nn per month for long, difficult rollout tirne per week per month for each additional day per week M unscheduled or spectral pickups per uncompacted yard (d) Compacted rates (Ratio 4 to 1) - s--- L-21j- 2 cubic yards per pickup -$.5j7_ 3 cubic yards per pickup 1 1-- 9 4 cubic yards per pickup 42AL- 5 cubic yards per pickup --17.2,.9 4_ 6 cubic yards per pickup *All Rates Are 311clusive. of Fr-arichise F,,c,s 11 Units Guarantees 10.1 Those units which currently are to receive service are contained within the designated multi -family residential areas, condominium designated areas as defined in Article 1.5 and Article 1.16. ARTICLE11 Contractor's Local OMce 11.1 : Throughout the term of this Agreement, CONTRACTOR shall establish or maintain a local office or authorized managing agent within Broward County and shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all notices may be served from CITY. Service upon CONTRACTOR'S agent shall always constitute service upon CONTRACTOR. 11.2 110URS: CONTRACTOR'S local office shall be open during collection hours so that customers can lodge complaints, requests for information, and requests for service. At a minimum, CONTRACTOR shall be available during the hours of 8:00 A.M. to 5:00 P.M., local time, Monday through Friday. 11.3 STAFIIN .: 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 complaints in,an expeditious manner by the end of the next business day. ARTICLE 12 Contractor's Relation to City 12.1 INDUUMEN1 CONTRACTOR: The relationship of CONTRACTOR to the CITY shall be that of an independent CONTRACTOR, and no principal -agent or employer -employee relationship between the parties is created by this agreement. By entering into this agreement with CITY, CONTRACTOR acknowledges that it will, in the performance of its duties under this agreement, be acting as an independent CONTRACTOR and that no officer, agent or employee of CONTRACTOR will be for any purpose an employee of the City of Tamarac and that no officer, agent or employee of CONTRACTOR is entitled to any of the benefits and privileges of a city employee or officer under any provision of the statutes of the State of Florida or ordinances of the City of Tamarac. 12.2 - : This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted iF•l 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. 12.3 CUSTQMER COMPLAINn: 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 complaints, whether received in person, by mail or by telephone, shall be reported in CONTRACTOR'S log approved by Contract Administrator and furnished by CONTRACTOR. A copy of the log is available to CITY upon request. Complaints received before 12:00 noon shall be serviced before 5:00 p.m. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon on the following calendar day. CONTRACTOR shall be available at CITY'S request to CITY action taken on complaints. Legitimacy of challenged complaints may. at the option of CITY, be determined on the basis of a joint inspection by a representative of CITY and a representative of CONTRACTOR. CONTRACTOR shall maintain a customer complaint log during the term of this Agreement, and shall maintain log for five years from the date of the complaint. 12.4 CONTRACTOR, in the execution, performance, or attempted performance of this agreement, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. CONTRACTOR'S employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the American'Disabilities Act of 1992),-vnderstand and agree -that *his -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 appliaability. CONTRACTOR must be an Equal Opportunity Employer and have an affirmative action plan and not discriminate on the basis of handicapped status. 12.5 LABOR FORCE: (a) CONTRACTOR shall assign a qualified person or persons to be in charge of its operations in CITY and shall give the name or names to CITY; information regarding experience shall also be furnished. (b) CITY has right to require CONTRACTOR'S collection employees to wear clean uniforms or shirts bearing the company's name. (c) Each Driver shall at all times, carry a valid operator's license for the type of vehicle they are driving. (d) CONTRACTOR shall provide operating and safety training for all personnel. 13 12.6 : CONTRACTOR, at its sole cost and expense, shall furnish and maintain all equipment as is considered necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipment shall be maintained in a first-class, safe and efficient working condition through the term of the agreement and any renewal period. CONTRACTOR shall establish a regular preventative maintenance program for all equipment and shall maintain records of preventative maintenance and other maintenance repairs to the equipment. CONTRACTOR shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. CONTRACTOR shall establish reasonable procedures and programs to prevent property loss or ��hepll to er abut not teemployees Peormingucwok and aothpersons who my be affected hereby. CONTRACTOR shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this agreement. CONTRACTOR shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operation of the equipment and such files and records shall be available upon reasonable notice for review by CITY. 12 All vehicles and equipment used by CONTRACTOR for the collection of residential solid waste shall be clearly marked with the CONTRACTOR'S name and telephone number in letters of a size sufficient to reasonably identify the vehicle, but not less than five (5) inches in height. CONTRACTOR shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than five (5) inches in height. 12.8 BEGILLATTON OF COLLIRMON UNTAINERS: CONTRACTOR shall provide its customers with appropriate containers for collection of residential solid waste, subject to the following requirements; all such containers shall be constructed according to the generally accepted industry standards. All roll -off containers shall be covered to prevent the scattering of the containers contents while in transit. All such containers shall be cleaned and maintained on a regular basis by CONTRACTOR so as to be in good repair. All containers shall be clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height. CONTRACTOR shall replace any damaged container within forty-eight (a$) hours if notified by CITY or its customers. 12.9 • CONTRACTOR shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness in the collection of solid waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. CONTRACTOR shall maintain at its sole cost and expense copies of all permits and licenses required for its collection of residential solid waste services either from the City, County, State or Federal Government. ARTICLE 13 Performance Evaluation and Monitoring 13.1 RJrzHT TQ IISSPECITO& CITY hereby reserves the right to inspect and evaluate CONTRACTOR'S operations relating to its performance hereunder either on a continuing or random inspection basis. The Evaluation Plan attached 14 hereto as Exhibit "F" contains detailed standards for such evaluations. The Performance Evaluation Plan may be revised unilaterally by CITY at any time during the term of the Agreement or any renewal period provided, however, that any such revision will be effective only upon reasonable notice to CONTRACTOR. CITY from time to time may unilaterally determine which operations are to be evaluated during a particular period. CITY, through an independent third party Contractor of its own selection, shall evaluate technical performance, including reliability and schedule performance, program management. The cost of such third party CONTRACTOR shall be a reimbursable cost under Section 13.2. 13.2 REZBURSEMENT 01E COSTS,' CONTRACTOR shall reimburse CITY for all documentable, out-of-pocket costs and expenses incurred by CITY in connection with the award of this Agreement to CONTRACTOR. On or before the 30th day after the execution of this Agreement, CITY shall submit to CONTRACTOR a detailed list of all such costs which are reimbursable pursuant to this provision. Such costs shall be certified as to their completeness and accuracy by CITY and shall be deemed accurate unless the CONTRACTOR notifies CITY in writing of its disagreement to any such costs within thirty (30) days after receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant to this provision shall not exceed an aggregate amount of ten thousand and No/100 dollars ($10,000.00) and shall be paid by CONTRACTOR forty-five (45) days after receipt of invoice from the City. 13.3 COSTS:= CONTRACTOR shall annually reimburse CITY for all costs that are incurred in monitoring and evaluating CONTRACTOR'S performance under this Agreement. Such costs shall be submitted to CONTRACTOR in writing within thirty (30) days after the completion of each Agreement Year. Such costs shall be certified as to the completeness and accuracy by the City Manager and shall be deemed accurate unless CONTRACTOR notifies CITY in writing of its disagreement with any such cost within thirty (30) days after receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be paid on or before forty-five (45) days after receipt of such costs from CITY and such reimbursement shall not exceed an aggregate amount of $15,000.00 for any agreement year. 13.4 : 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 notice of violation unless the non- compliance cannot be cured within ten (10) days, then within a reasonable time using best efforts and CONTRACTOR shall notify CITY of those efforts, the same shall constitute an Act of Non -Compliance. For each Act of Non- compliance, CONTRACTOR shall pay CITY the sum of up to Five Hundred Dollars ($500.00) per day for each day that such Act of Non-compliance shall continue. This remedy is hereby expressly made cumulative of other remedies available to PARTIES at law or in equity for breach of this Agreement. 15 (a) CTTY 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 engage another firm to provide necessary service. 13.6 CONTRACTOR shall furnish to CITY a Performance Bond, Letter of Credit or Cash Bond guaranteeing the faithful performance of this Agreement. The security shall be in the form acceptable to the City Attorney and shall be for the term of this Agreement and in an amount equal to Two Hundred and Fifty Thousand ($250,000) Dollars. The security shall be furnished to CITY by CONTRACTOR within ten (10) days of the date of execution of this Agreement or any renewal thereof. Without limiting any other indemnity provisions herein, such security shall indemnify CITY against any loss, expense, cost or damage resulting from any default by CONTRACTOR hereafter or any failure of performance by CONTRACTOR. The City Attorney is hereby delegated the authority to approve not only the form of the security, but also 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. E 4K1a14101:432111ZaI a!MS. LIJ:aC[•xG•1•Jc1;L•J 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. 16 ARTICLE 14 Default of Agreement 14.1 DEFAULI QF C, QNIRACT: If, in the opinion of the City Manager, there has i been a default of the Agreement, City Manager shall notify CONTRACTOR in writing, specifying that which has been a default of Agreement. If, within a period of seven (7) days, CONTRACTOR has not eliminated the conditions considered to be a default to this Agreement, City Attorney shall notify City Council and CONTRACTOR, and a hearing shall be set for a date within fifteen (15) days of such notice. On that day City Council shall hear CONTRACTOR and CITY's representatives and shall make a determination as to whether or not it has been a breach and shall direct what further action shall be taken by CITY, as hereinafter provided. Pending Resolution of the alleged breach, CONTRACTOR shall be governed by the provisions of Section 14.2. 14.2 DEFAULT: Default by CONTRACTOR shall occur if CONTRACTOR fails to observe or perform a material portion of its duties under the Agreement. CITY may terminate CONTRACTOR'S performance of services under this Agreement in the event of default by CONTRACTOR and the failure by CONTRACTOR to cure such default after receiving notice hereof. Should default occur, CITY may deliver a written notice to CONTRACTOR describing such default and the proposed date of termination. Such date may not be earlier than the thirtieth (30) day following receipt of the notice. CITY, 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. 14.3 : Upon the effective date of termination as contained in the above notice referenced in 14.2 of this Agreement, CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Agreement and shall proceed to cancel promptly all existing orders chargeable to this Agreement. Within ten (10) days of receipt of notice of termination, CONTRACTOR shall submit to CITY monthly reports and revenues required under this Agreement to the day of termination. 14.4 : In addition to, or in lieu of, the termination procedure set above in Section 14.2 of this Agreement CITY shall 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 CM from any sum otherwise due and owing to CONTRACTOR. 17 (b) CITY shall make or file a claim under the Performance Bond, Letter of Credit, or Cash Bond for; any damages, expenses or liabilities that CITY has incurred as a result of CONTRACTOR'S default. (c) CITY may exercise its rights under Article 13.4 non-compliance by CONTRACTOR in this Agreement. Indemnification CONTRACTOR hereby assumes risk of lost 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 attorneys fees arising from any such claims, loss or injury. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against CITY arising out of any Environmental Laws (as herein defined). This indemnification shall continue beyond the term of this Agreement for claims arising as a result of this Agreement. ,ARTICLE 16 Insurance 16.1 : 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 iesponsible for delivering to CITY the Certificate of Insurance for approval. -=CONTRACTOR shall name the City of Tamarac as a named insured on the Certificate of Insurance. CONTRACTOR'S Certificate of Insurance must be attached and included in this Agreement as Exhibit " C ". All insurance policies shall be issued by companies duly licensed to write business insurance policies in the State of. Florida and rated -A- or better by A. M. Best Key Rating Guide. Further, CITY shall be named as a named insured on all insurance policies (except Workers' Compensation). Certificates of each policy, together with a statement by the issuing company to the extent that said policy shall not be cancelled without thirty (30) days prior written notice received by CITY, and shall be delivered to CITY for review and approval. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of CONTRACTOR under the terms of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for proper protection in the completion of its work. 16.2 COMPENSATIQN INSURANCE: CONTRACTOR shall maintain, during the term of this Agreement and any renewals, Worker's Compensation Insurance on all of its employees to be engaged in work under this Agreement, and shall require the same from any subcontractors used. In the event that any class of employees engaged in hazardous work pursuant to this Agreement is not protected under the Workers' Compensation Statute, CONTRACTOR shall provide adequate employer's general liability insurance for the protection of employees not so protected. 16.3 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). 16.4 AUTOMQBrLE INSURANCE: CONTRACTOR shall procure and maintain, during the term of this Agreement and renewals, Comprehensive Automobile Liability Insurance in an amount not less than $1,000,000 combined single limit coverage for bodily injury, death, and property damage (automobile). 16.5 EXCESSEE UMBRELLA LIABILITY: CONTRACTOR shall procure and maintain, during the term of this Agreement and any renewals, Excess Umbrella Liability Insurance in an amount not less than $1,000,000 coverage in excess of Automobile and Bodily Injury/Property Damage coverages. 16.6 SCOPE OF INSURANCE: The insurance required under the above paragraphs shall provide adequate protection for CONTRACTOR against damage claims which may arise from operations under this Agreement, whether such operations be by the insured or by anyone directly or indirectly employed by the insured. CITY shall be named a named insured on all of CONTRACTOR'S insurance policies provided for herein. 16.7 LQCAL AGENT FOR INSURANCE AND DQMING: The insurance and bonding companies with whom CONTRACTOR'S insurance and performance bonds are written shall be licensed to do business in the State of Florida and shall be represented by an agent or agents having an office located in the State of Florida. Each such agent shall be duly qualified, upon whom service of process may be had, and must have authority and power to act on behalf of the insurance and/or bonding company to negotiate and settle with CITY, or any other claimant, or any property owner who has been damaged, may have against CONTRACTOR, insurance, and/or bonding company. The name of the agent or agents shall be set forth on all such bonds and certificates of insurance. CONTRACTOR shall keep the required insurance in full force and effect at all times during the term of this CONTRACT, and any renewals thereof. CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form furnished and approved by CITY, evidencing CONTRACTOR has obtained the required insurance coverage. At the request of CITY the original policy shall be provided for inspection. All policies must prove that they may not be changed or canceled by the insurer in less than thirty (30) days after CITY has received written notice of such change or cancellation.. Such insurance amounts may be reviewed upward at CITY'S request, and CONTRACTOR shall revise such amounts within thirty (30) days after receipt of such request. ARTICLE 17 Compliance with Laws and Regulations 17.1 VEN : This agreement shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 19 17.2 JIME IS OF THE ESSENCE: Time shall be deemed to be of the essence concerning this agreement whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 17.3 The failure of CITY, at any time, to require performance by CONTRACTOR of any provisions herein shall in no way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by CITY of any breach of any provisions herein be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. 17.4 LMNFORCEABLE PRQ3aSIONS: If any provision of this agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. 17.5 FORCE MAJEURE: Neither CONTRACTOR nor CITY shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of CONTRACTOR. 17.6 PRIOR CONTRACTS: This agreement supersedes and replaces all terms related to multi -family residential service in the agreement between the City of Tamarac and Southern Sanitation, a division of Waste Management, Inc., dated August 26, 1987, and effective immediately, which agreement, upon the effective date of this agreement shall be null and void and of no further force and effect. 17.7 APPRQVAL BY CI.T.YSQIINSL: This agreement shall not be, considered fully executed or binding or effective on CITY until the same shall be approved and accepted by the City Council of the City of Tamarac in an open meeting as required by law and executed by the CONTRACTOR and CITY. After such approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy of the Ordinance as evidence of the authority of the person authorized to bind CITY to the terms, covenants and provisions of this agreement and to perform the same in accordance herewith. 17.8 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 CONTRACTOR, its officers, agents, employees, or subcontractors, then CONTRACTOR shall immediately desist from and correct such violation. 17.9 RIGHT TO EEBIODIC RMEWS: 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. 20 17.10 CLIANGES 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 the Franchise Documents, CITY 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 CITY or the public. Upon such determination, CITY and CONTRACTOR shall negotiate in good faith to modify or amend the franchise to such extent as may be necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of CITY, or the public. 17.11 ACCOUNTING STANDARDS: CONTRACTOR shall provide the CITY with a monthly notarized statement from an authorized representative of the CONTRACTOR, certifying the accuracy of the monthly franchise fee payment. CONTRACTOR shall provide the CTTY with annual recap of gross receipts and a summary of all franchise fee payments paid within the preceding twelve (12) months (See Exhibit G). 17.12 IRANSFER ABILITY OF CQNIRACI: No assignment of this agreement or any right accruing under this agreement shall be made in whole or in part by the CONTRACTOR without the express written consent of CITY; such concern of CTI'Y shall not be unreasonably withheld. In the event of any assignment, the assignee shall assume the liability of CONTRACTOR. 17.13 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. 17.14 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. ARTICLE 18 Miscellaneous Provisions 18.1 EXHIBITS: The Exhibits A, B, C, D. E, F, G, and H, Appendix I and Appendix 11 are incorporated herewith by reference for all purposes as though fully setforth. 18.2 PARAGRAPH HE DA INGS: The section in 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. 18.3 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 18.4 This agreement shall terminate in the rase 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. 21 18.5 NOTICES: 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: STY: City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305) 722-5900 City Attorney City of Tamarac 1��Mtg Management Inc. of Ejorida-__ 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305) 722-5900 -18.6 : _Ibe legal fees snd other expenses of the prevailing party to any litigation or dispute arising out of this agreement will -be paid by the other party. 18 : The provisions of the foregoing Articles 1 through 18, together with the following Exhibits A through H. are intended by the undersigned parties to and shall constitute a binding agreement between them. 18.8 : If any part, section, sub -section, or other portion of this agreement is declared void, unconstitutional, or invalid for any reason, such part, section, sub -section, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this agreement, and all applications thereof not having been declared void, unconstitutional, or invalid shall remain in full force and affect. CITY and CONTRACTOR declare that no invalid or prescribed provision or application was an inducement to the execution of this agreement, and that they would have executed this agreement, regardless of the invalid or prescribed provision or application. 18.9 GOOD EAT1H: 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. 22 This Agreement shall be effective this the day of 1"3, which shall be the Commencement Date hereof. ATTEST: " u 11 - -_ :--: I Jq% P. Kelly, Cih ATTEST: By: 1� Carol A. Evans City Clerk CITY OF TAMARAC APPROVED AT MEETING OF THACTZiRtAco FLORIDABy: ayor Date: 3 - 2. By: John P. Kelly City Manager Date: 23 3- :E!>0-93 STATE OF FLORIDA :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared - to me known to be the person(s) described in and who executed the Q foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this.,'3p day of �N]OA�ryTdAgRY PUBLIC, State of NO TA pU 61C, EME OF FLORIDA. MY COMMISSION EXPIRES: JUNE 26, 1 Oft, ■ONO[O TNRU NOTARY PUS61C YNO111W111'--1 (Name of Notary Public: Print, Stamp, or Type as Commissioned) 06) Personally known to me, or ( ) Produced identification hi�&-h -,19.9 -;:�'. Jd�a�t�w. 1 Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 24 A TTFCT- STATE OF FLORIDA :SS COUNTY OF,,, CORPORATION: -cal. Contractor I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared *" A • wovrets 4-w .T 44 L7 to me known to be the person(s) described in and who executed the foregoing instrument and ,—_ acknowledged before me that executed the same. 5S my han an official seal this , Jt, day of NOTARY PIUVC, State of F1 rida at Large IO amy J. 6LASS •: MY CDMNUOM 1 CM4W DAM JNwry 2.1W (Name of Notary Public:,�' Print, Stamp, or Type as Commissioned) ( Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( VY151"l-) NOT take an oath. cc: John P. Kelly, City Manager 25 Fxbibit Z TEMP. ORD. No Addendum to Februa 4. 1993 Agree en Bet veen the City of Tamarac, and wslge em Inc., f lor' / /gn Sanilation For Furnishing R sidential Multi -Family. Solid Waste CgIlection Services This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY") and Waste Management, Inc., of Florida D/B/A Southern Sanitation (hereinafter "CONTRACTOR") is made and entered into this day of 66 , 1995. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated February 24, 1993, relating to the furnishing of residential multi -family solid waste collection services in the City of Tamarac; and WHEREAS, the Agreement between Waste Management, Inc.ti of. Florida D/B/A Southern Sanitation and the City provides for a Consumer Price Index (CPI) adjustment to be effective on January 1 of each year; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has expressed a strong desire to have a long term mutually rewarding relationship with the City; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 3.5 of the Agreement to provide that the Consumer Price Index Adjustment that was to be effective on January 1, 1996 and January 1, 1997 be waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 4.1 of the Agreement to provide an extension of the term of the Agreement from December 31, 1997 to December 31, 2001; and - -1 Revised 8/30195 Revised 9/8/95 Revised 9/11195 WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to paragraph 9.1(d)(1) of the Agreement to provide that the monthly caster charge is hereby waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to the Agreement that would have the effect of reducing the residential multi -family rate by waiving the January 1, 1996 and January 1, 1997 Consumer Price Index Adjustment and eliminating caster charges. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993, between CITY and CONTRACTOR, the parties agree as follows: 1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment is amended to read as follows: icl 3 Fees and Reve ues §3.5 Consumer Price Index (QPI Nd'u t n 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 All Urban Consumer Price Index (CPI) for ail items for the twelve (12) month period ending the previous September 30. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increasse in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between December 1 and December 31 subsequent to the twelve (12) month period, to petition CITY by filing a petition with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City C-etift mil Cgmmi5sion that the petition be approved , denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City veil ComMjaaiand shall be final and binding. -•2 Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 The Consumer Price Index Adjustment shall not bo_effective Janes 1. 1996 and Januaryy 1. 1997 and shall be waived only for these 121 R, riods Thereafter. CPI adjustments in the rate shall occur as set forth herein above. 2. Article 4, Term, Section 4.1 Contract Term is amended to read as follows: Article 4 Term 4.1 Contract Term The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Effective SQpte....mber 27. 1995. this Agreement shall be extended an additions four_ (4) _-y a - and expire on Qecember 1 2001. Service shall commence no later than forty-five (45) days from the date this contract is executed by both parties. 4.3 Renewal Term This Agreement shall be renewable by agreement of both parties for one (1) three (3) year period. This option may be exercised by action of the City mis i n and CONTRACTOR during the month of duly-1-996, July 2000 however, that the total remaining agreement shall never exceed 8) twelve 1_2j years. These options are available at the sole discretion of the CITY, and if exercised by CITY, CONTRACTOR shall be required to provide the same services upon the same terms and conditions for the extended agreement term. CITY shall not have any obligation to exercise these options. 3. Article 9, Compensation, Section 9.1(d)(1) Optional Services is amended to read as follows: _Y 9.1(d)(1) Optional Services: Sub A Casters The caster charge per month_ maintnenance per container is eliminated from this Agreement. W 0 - 9-5'- / -� Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 4. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda 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 the Agreement or waive any rights contained therein. 5. Effective date of this Agreement shall be date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to Agreement on the respective dates under each signature, the City of Tamarac signing through its City Manager and its City Commission signing by and through its Mayor, Norman Abramowitz, and Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through ®aft ilto .bi mes A. teks duly authorized to execute same. Cl OF TAMA C By. No man Abramowitz, Mayor r Date: ATTEST: Carol Evans, City Clerk, Robert S. Noe, Jr., City Manager Date:-- �5 Date: Approved to form an egal s ci n Mitchell S. Kraft, City Attorney 4 STATE OF FLORIDA ) COUNTY OF BROWARD ) ss: Acknowledgement of City of Tamarac BEFORE ME, the undersigned authority this day personally appeared Norman Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me and before me that they executed the above and foregoing contract for the uses and purpose therein expressed with due authority in that behalf from the City Council of the City of Tamarac, Broward County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this day o , 1995. r'*PY Omm" NOTARY 5AL A KAAEM l!e JAC't! OO1N110.7i7M NNMSER CC201376 MY 000HISS10N UA Or no MAY -,•t.1006 .X- Personally known to me NtPubliC' State Florida at Large Print or Type Name of Notary Public Produced identification Commission Number & Expiration Date 4a Corporate Secretary `D L. Rohignictlo Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD 0 - qs _ /s CO Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 President Date:12- Before me personally appeared ames A Waters , 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 J2_ day of Septemher , 1995. Notary PAC, Stat6 of Florida At Large My Commission Expires: t 1Persk Pro used Identification Did/Did Not take an oath. X Print or Type Name of Notary JEAN SGMENCK MY "mom A CC 416 CLESUE Y_ Mfg; Apt 27.19" 5 Exhibit 3 WASTE MANAGEMENT TEMP. ORD. No 3831 NW list Avenue Pompano Beach, FL 33073 (954) 974-7500 July 6, 2000 Jeff Miller City Manager City of Tamarac 7525 NW 88 h Avenue Tamarac, FL 33321-2401 Dear Jeff, Thank you for meeting with Phil Moms and myself on Wednesday, July 5, 2000. We appreciate the opportunity to reply to the issues and concerns at hand. As we discussed, Waste Management has struggled with the conversion to a new computer system and billing program. This new program, quite frankly, has been difficult and had left a lot to be desired. Never the less, we have worked diligently to overcome these problems and at no time was our service to the community an issue. In fact, it has remained quite good and is a service that the residents have come to rely on. We have taken steps to address the issues at hand as follows. Tardy franchise fee payments were the results of the same billing system change that we underwent. We have taken steps to ensure timely payments of these fees. Mr. Tony Masiulus (our controller) or his designee will be responsible for the monthly calculations and timely disbursements of fees to the city. Fees will be paid within thirty days of the month following services rendered. Billing issues, questions and concerns have been assigned to a representative who will be your "go to" guy for the City of Tamarac. This representative is Sam Carey. Questions such as "roll -out" fees, extra service, or whatever may be directed to this person. By the way, as a result of our meeting and review of our notes, we discovered that the "roll -out" fee has been incorrectly charged and was less than the approved rate schedule. We will notify those effected of this error. Our customer service, sales and billing departments have settled in and will be better equipped to respond to all questions regarding our services. Familiarity with the system and improved training will continue to enhance our ability to better service our customers. WASTE MAINAGEMF.W 3831 NW list Avenue Pompano Beach, FL 33073 (954) 97+7500 Bulk pick-up for our contract communities is a service we are committed to providing. We would however, request additional time so we can meet with staff and representatives from the various associations to get their input and establish a plan that is both cost- effective and accomplishes the need and requirements of each of the communities. Given the shortness of our time to respond and to address the issues you have asked about, we would like to complete this program area before month's end. I have enclosed the "back-up" previously requested to approve the C.P.I. rate adjustment of January 1, 2000. Tony Masiulis, our controller had last discussed the percentage with Jean DuPree some time in May. While we certainty do not intend to request the adjustment retroactive to January, we would request it's implementation for August 1, 2000. I do apologize for the delay, which obviously hurts me, more than it does you. Last but not least is the disposition of the current audit, we are awaiting a letter from the auditor (Dale Ruzicka) who was to get with the city financial people and provide an outline of requests for records and or reports necessary to do the audit. Hopefully, I have addressed the items that were raised at our meeting and would be happy to visit with any area you may require clarification or explanation. Waste Management appreciates your business and would ask that our agreement with the city be extended per the terms of the contract. While we have had our share of internal system problems, we have worked hard to correct them and have never provided less than exemplary service to the community. Your patience with us at the administrative level is greatly appreciated, we are correcting the areas of concern and we hope that the quality of our good service long outlives the administrative bumps in the road we have had. Thank you and we look forward to a positive response and recommendation from you. With Kind Regards, Tony Spadaccia, Waste Management, Inc. of Florida CC: Phil Morris John Casagrande Exhibit 4 R 1�=P'® TEMP. O RD. No 1 City of Tamarac 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 -, Facsimile (954) 724-2454 Jeffrey L. Miller City Manager jeffm@tamarac.org July 25, 2000 Mr. Tony Spadaccia, Director Government Affairs Waste Management 3831 NW 21 Avenue Pompano, FL 33073 Re; Residential Multi -family Solid Waste Collection Service Agreement Dear Mr. Spadaccia, At its July 10th Workshop Meeting, the City Commission directed staff to enter into renewed negotiations with Waste Management, pursuant to section 4.3 of the above referenced agreement. This letter outlines the process for the renewal of the above referenced agreement. Please keep in mind that the City is not obligated to renew the current agreement. The Commission has stipulated that the issue of contract renewal be revisited within the next six (6) months. While the Commission has directed staff to continue negotiations, the City's decision as to whether or not to renew the agreement will be dependent upon Waste Management's implementation of and adherence to the corrective actions outlined in your letter of July 6, 2000, results of the upcoming audit, the resolution of certain issues and deficiencies identified in previous meetings and correspondence including the timely and accurate payment of all future franchise fees, and the ability to expand the current level of service to include bulk pick up. Your letter of July 6, 2000 (which is attached and incorporated as part of this letter of understanding) outlined certain steps to be taken by Waste Management to address the issues and concerns previously identified by staff. While you included documentation to substantiate the agreed upon CPI increase of 3%, you did not include an amended rate schedule as required by the agreement. It is my understanding that Jean Dupuis again Equal Opportunity Employer contacted you on July 12th to request this item. At such time as this information is received, we will place the increase on the agenda for Commission approval. Section 4.3 of the existing agreement provides for the action of both parties during the month of July 2000 in order to exercise the renewal option. Please note your agreement and acceptance of the terms and conditions outlined above and in your July 6th letter by your signature below. Please return one original letter. Sincerely, 4 44-tr Jeffrey L. Miller City Manager /dp Waste Management agrees to the terms and conditions for negotiating a potential renewal of its existing franchise agreement with the City of Tamarac as outlined in this letter and in Waste Management's correspondence to Tamarac dated July 6, 2000. Agreed . 6 Sign a re Date Second Addendum to the February 24, 1993 Agreement Between the City of Tamarac and Waste Manaaement. Inc. of Florida D/B/A/ Southern Sanitation For Furnishing Multi -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 Waste Management, Inc., of Florida D/B/A Southern Sanitation, a Florida corporation with principal offices located at 3831 NW 21 Ave, Pompano Beach, Florida A3073 (hereinafter "CONTRACTOR") is made and entered into this -L day of , 2001. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated February 24, 1993, relative to the furnishing of multi -family solid waste collection in the City of Tamarac; and WHEREAS, the CITY and CONTRACTOR agree to revise Article 1, Definitions, as herein specified in order to reflect current practices and descriptions; and WHEREAS, Section 4.3 of the Agreement between CONTRACTOR and the CITY provides for renewal for a three (3) year period of time; and TovpiWHEREAS, the CONTRACTOR agrees to include bulk pick-up service and to de two bulk pick-ups per calendar year to each CUSTOMER at no additional cost to the residents; and WHEREAS, the CONTRACTOR and CITY agree to waive the CPI adjustment effective January 1, 2001 and agree that all future CPI adjustments shall become effective annually on October 1, beginning with the October 2001 adjustment, based upon the June 30 Miami All Urban Consumer Price Index; and WHEREAS, the CONTRACTOR agrees that all future rate increases shall be inclusive of franchise fees; and WHEREAS, the CITY and CONTRACTOR, choose to extend the term of the agreement until December 31, 2004, pursuant to Section 4.3 of the agreement between the CITY and CONTRACTOR. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993 and the addendum to the agreement dated September 29, 1995, between CITY and CONTRACTOR, the parties agree as follows: 1 Items str, -rk thr, represent deletions, underlined items represent additions 1. Article 1, Definitions, §1.1 Biohazardous Waste, §1.2 Bulk Waste, §1.15 Household Trash, §1.20 Refuse/Solid Waste, §1.22 Residential Service (Multi- family) and §1.31 Yard Trash — Regular are amended to read as follows: ARTICLE 1 Definitions §1.1 BIOMEDICAL/HAZARDOUS WASTE: Shall have the meaning set forth in Section 403.703 Florida Statutes. Such items are excluded from the solid waste stream under this aareement. §1.2 BULK WASTE: stoves, refrigerators, water tanks, washing machines, furniture and other waste material other than construction debris and garden and lawn trash, weights or volumes greater than those allowed for containers generated incidental to the use of the occupancy of the property where the b+ bulk item is placed for collection. §1.15 HOUSEHOLD TRASH: All accumulations of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature other than garbage or lawn clippings, which are usual to housekeeping and to the operatiOR . §1.20 REFUSE/SOLID WASTE: Garbage, rubbish, bum bulk waste, n-ems4run-tion er gla- n-li+inn debris household trash and other discarded matter within the corporate limits of the city. § _ (MULTI -FAMILY): All refuse collection service 1.22 RESIDENTIAL M provided to all residential dwelling units, including townhomes, duplexes, triplexes, condominiums -- and all other multi -family dwelling units within the service area excluding rental apa rtment complexes. i IN - 0--e =.: __ - - mLe- e- 7L-.=.0 ! ft 2. Article 3, Fees and Revenues, §3.4 Tipping Fee Credit and §3.5 Consumer Price Index (CPI) Adjustment are amended to read as follows: ARTICLE 3 Fees and Revenues §3.4 TIPPING FEE CREDIT: One component in the computation of multi -family residential collection fees under this Agreement between CONTRACTOR and 2 Items sqtn ink thr, represent deletions, underlined items represent additions CITY is disposal fees (tipping fees). Pursuant to the Agreement, CITY and CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if new technology is utilized by CONTRACTOR that provides verifiable cost savings in excess of the cost of such technology that benefit CUSTOMER and CONTRACTOR. The tipping fee credit shall be computed using the information supplied by CONTRACTOR as required in Article 8. , ' , thO iRfQFMati0A FequiFed p r-s ant toS-A-Gt inn 12.1(_n_ ) §3.5 CONSUMER PRICE INDEX _(CPI) ADJUSTMENT: If this agreement is not terminated as provided herein, on daewayF1 October 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami All Urban Consumer Price Index (CPI), for all items for the twelve (12) month period ending the previous SeptembeF June 30. The CPI adjustment of the rate to be effective Janua 1 2001 shall be waived and shall become effective on October 1 2001 based upon the twelve 12 month period ending June 30 2001 Miami All Urban Consumer Price Index. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between noremher 1 and Den -ember 21 qu ust 1 and Au ust 31 subsequent to the twelve (12) month period, to petition CITY by filing with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information, which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City Commission that the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Commission and shall be final and binding. The Consumer Price Index Adjustment shall not be effective January 1, 1996 and January 1, 1997 and shall be waived G* for these two (2) periods. Thereafter, CPI adjustments in the rate shall occur as set forth herein above and shall be calculated as follows: % CPI increase/decrease X current rate = rate adjustment. 3. Article 4, Term, §4.1 Contract Term is amended to read as follows: Article 4 Term §4.1 CONTRACT TERM: The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Effective September 27, 1995 this Agreement shall be extended an additional four (4) years and expire on December 31, 2001. Effective 2001 this agreement shall be extended an additional three (3) years and shall expire on December 31, 2004. Service shall romrnenGe Re 3 Items struck y represent deletions, underlined items represent additions paFti continuous from date of execution of this addendum. Article 5 Scope of Services, §5.2 Bulky Waste is amended to read as follows: Article 5 ScoDe of Services §5 2 (g) B n w k4 ffiS r9: BULK WASTE: Effective January 1, 2002, CONTRACTOR shall provide bwky bulk waste pick-up service on a bi-annual basis i.e. two-times per calendar ear Contractor shall establish a schedule of bulk pick-up collection days, which is agreed to by the City, on or before December 1st for the following_ year, Bulk pick-ups shall be at a location mutually agreeable to Contractor and Customer. In the event the Contractor and Customer cannot agree on pick-up location, the City shall determine the location. Pick-up location must be accessible to ,loco Contractor's collection vehicles. Each item of Bulk Waste shall be of a configuration, weight and size that two men can safely pick up the Bulk Waste and _._place it in a rear load collection vehicle. Contractor shall advise Customer in writing a minimum of 30 days in advance of each bulk pick-up. Any customer may request Bulk Waste collection service in addition to the above as prescribed in Section 5.2(g)(2). CUSTOMER shall have the ability to schedule any additional service an as needed basis through -CONTRACTOR who shall provide the requested service within 48 hours of CUSTOMER call. The following methods and fees shall apply: 20 cubic yard open top container at a cost of 250 for delive pick-up and disposal. Collection and disposal of bulk items utilizing a rear load truck at a cost of $25_00 per item with a $50.00 minimum_ charge per call. Article 6, Schedules and Routes, §6.3 Storm/Disaster is amended to read as follows: (This section intentionally left blank) 4 It - Items rfr,�,wk - represent deletions, underlined items represent additions Article 6 Schedules and Routes §6.3 STORM/DISASTER: In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for CONTRACTOR and CITY to acquire additional equipment and to hire extra employees to clean Goy CITY of debris and refuse resulting from the storm or disaster, CONTRACTOR shall work with CITY in all possible ways for the efficient and rapid cleanup of such debris and refuse. CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and costs of rental equipment, provided CONTRACTOR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. Listed below are the equipment and corresponding rates per hour for the equipment, which may be necessary for storm or disaster clean up in the City of Tamarac. This equipment shall be supplied on an "as needed" basis. 1)_BoomTruck — Self contained thirty (30) cubic yard open bed truck with a "clam bucket" loading mechanism for "on -site debris pickup". 2)Rear Loader Truck — Thirty-one (31) cubic yard capacity "rear Load" packer type waste . -- collection truck. 3) Roll Off Truck _-- Single truck operation capacity to load/unload ten (10) through forty (40) cubic yard containers on site. Effective the date of this agreement, the charges per hour for usage of this equipment will be as follows: Boom Truck (with driver / operator) _ $130.00 /per hour Rear Loader Truck (with driver plus 2 helpers) $150.00 /per hour Roll Off Truck_(with driver / operator) $110.00 /per hour The foregoing rices and costs are subject to adjustment as set forth in Section 3.5. 5 Items struck F represent deletions, underlined items represent additions 6. Article 8 Rates, Records and Billing, §8.1 Rates, §8.4 and §8.5 are amended to read as follows: Article 8 Rates, Records, Billing §8.1 RATES: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor: The rate for multi -family service shall be adjusted either upwards or downwards as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (.10) per cubic yard plus the annli^,hle fron^hise fee for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. The tipping fee adjustment shall be calculated as follows: Total amount of disposal fee increase/decrease X .10 = Increase/decrease per cubic yard) §8.4 When the Billing is shall be done by CONTACTOR, , on a monthly basis and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a ❑Sting of all a^^oUntc for Whi^h no ^ollc^tinnc were ..ved after sixty 0) days a li^+inn of all ^^Ilo^ '^n^ the total amount billed for the month, the total amount collected and a listing of all accounts and balances that are in arrears over sixty (60) days. The contractor shall provide this data in electronic format. C_QN'TRA(0T()R Shall provide CITY withh--said information on an annual hock from multi_famil„ ^„ctomcrc CONTRACTOR within sixty (60) days aft©r nommencomen+ by Gen+rnrt shall nrovirlo CITYsMth- of agreement and annually thereafter shall provide the CITY with a list of all accounts indicating CUSTOMER name, CONTRACTOR'S account number, location and billing address which shows the quantity and size of containers and y p' each account. frequency of pick-up for IN r I ITEM no F1 6 Items r*tFUGk thFu represent deletions, underlined items represent additions tonnage of solid waste collected from multi -family residences within the CITY during the previous twelve 12 month period. Said re ort shall break out the tonna a collected durina bulk pick-ups. 7. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda 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. 8. The effective date of this Addendum to the Agreement shall be the date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to the February 24, 1993, Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor, and Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through Phillip Morris, Division Vice President, duly authorized to execute same. ATTEST: Marion Swe n City Clerk Date: a/d/ 0 to form and legal A J, suli lenc Mit II S. Kraft City Attorney CITY OF TAMARAC By: Jae Schreiber, Mayor DATE: 1-7, Xc / Jeffrey L. Miller City Manager Date: t/ 7/0/ 7 Items s#usk t#r-u- represent deletions, underlined items represent additions ATTEST: Secretary 645,,, xf St7-) Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF BROWARD ) CONTRACTOR Waste Management Inc., of Florida, D/B/A Southern Sanitation y: A 11h,6;a�l Mori Division Vicen President l%iCL� K Dater Before me personally appeared , 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 had and official seal this O G,y- day of , 2001 My Commission Expires: Personally known (✓ ) Produced Identification ( ) Did/Did Not take an oath ( z.ALp )lam Notary Public, State of Florida At Large Print or Type Name of Notary A ♦ • • : a � � r � �A�AA A�1 A►1 A►►►^►1A♦►AA►A►♦AA►►� 8 Items Aft, represent deletions, underlined items represent additions WASTE MANAGEMENT INC. OF FLORIDA ASSISTANT SECRETARY'S CERTIFICATE The undersigned states that he is the qualified and acting Assistant Secretary of Waste Management Inc. of Florida, a Florida corporation (hereinafter "Corporation') and that the following is a true and correct copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent appears in full on the books of the Corporation and remains in full force and effect on the date hereof. RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the February 24, 1993 Agreement between the City of Tamarac and Waste Management Inc. of Florida D/B/A Southern Sanitation for Fumishing Multi -Family Solid Waste Collection. FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contracts, documents, certifications, deeds, and memoranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seal of the Corporatior WASTE MANAGEMENT INC. OF FLORIDA ASSISTANT SECRETARY'S CERTIFICATE The undersigned slates that he is the qualified and acting Assistant Secretary of Waste Management Inc. of Florida, a Florida corporation (hereinafter "Corporation's and that the following is a true and correct Copy of the Unanimous Consent of the Board of pimctors of the Corporation which Consent appears In full on the books of the Corporation and remains in full force and effect on the date hereof. RESOLVED, that the Corporation is .authorized to enter into that certain Second Amendment to the February 24, 1993 Agreement between the City of Tamarac and Waste Management Inc of Florida DMIA Southern Sanitation for Furnishing Mufti -Family Solid Waste Collection, FURTHER RESOLVED, that Phillip Monis, John Casagrande or any officer of this Corporation be and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contracts, documents, certifications, deedS. and men►nranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seat of the Corpora 2"d BSTS tlLB trSS ett,;G0 10 11 Tyr