HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-0391
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Temp. Ord. #2073
Page 1
November 22, 2004
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2004-13�_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE A THIRD 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 FIVE YEAR
TERM TO BEGIN JANUARY 1, 2005 AND END DECEMBER
31, 2009; 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
Temp. Ord. #2073
Page 2
November 22, 2004
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; 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; 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, the Agreement was extended through a Second Addendum, hereto attached
as Exhibit 3, through December 31, 2004; and
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Temp. Ord. #2073
Page 3
November 22, 2004
WHEREAS, at the June 7, 2004 Workshop meeting, the City Commission again
directed staff to enter into negotiations with Waste Management, Inc. for contract
extension; and
WHEREAS, the result of those negotiations is the proposed execution of the
Third Addendum to the February 24, 1993 Agreement, hereto attached as Exhibit 4,
which provides for the modification of several sections of the original Agreement and
extends the term an additional five (5) years through December 31, 2009; and
WHEREAS, the Director of Public Works and Deputy City Manager recommend
approval of the Third Addendum; and
WHEREAS, the City Commission deems it to be in the best interests of the citizens
and residents of the City of Tamarac to authorize the appropriate City officials to execute a
renewal of the terms of the 1993 Multi -Family Solid Waste Collection Agreement, through
the execution of the Third Addendum, with Waste Management, Inc., to end on December
31, 2009.
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.
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Temp. Ord. #2073
Page 4
November 22, 2004
SECTION 2: The appropriate City Officials are hereby authorized to execute the
Third 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 4, and made part hereof with the renewal of said Agreement beginning on January
1, 2005 with the term ending on December 31, 2009.
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.
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Temp. Ord. #2073
Page 5
November 22, 2004
SECTION 5: This Ordinance shall become effective immediately upon its passage
and adoption.
PASSED, FIRST READING this 8t" day of December, 2004.
PASSED, SECOND READING this 22"d day of December, 2004.
J SCHREIBER
Mayor
ATTEST:
I i
ECORD OF COMMISSION VOTE: 1st Reading
ellMARION SWEN ON, CM MAYOR SCHREIBER
- CITY CLERK DIST 1: COMM. PORTNE
DIST 2: COMM. FLANSBAUM-TALABISCO e
DIST 3: V/M SULTANOF Ad P
DIST 4: COMM. ROBERTS
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form. RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER e-
DIST 1: COMM. PORTNE
DIST 2: COMM. FLANSBAUM-TALABISCO Q7e
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS
MITCHELL S. KF
CITY ATTORN
Exhibit 1
Temp. Ord. 2073
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
WASTE
Al MANAGEMSOUTHERNNT SANITATION�A
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-FAMII.Y 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/a/ 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:
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0 ■/
1.1 • Shall have the meaning set forth in Section
403.703 Florida Statutes.
1.2 BJJLK WASIE: 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 ASS: 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 Waste building materials resulting from
construction, remodeling, repair or demolition operations.
1.7 CIQNTA R: 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 U: Dead animals shall mean any four legged, two legged. fur,
fin, feather livestock, household pet or otherwise.
1,1p DISPOSAL SrM: A site or facility legally empowered to accept solid waste for
treatment or disposal as approved by the City of Tamarac, aroward County, and
the State of Florida governing agencies.
1.11 %IEMR: 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 by V : A detached two-family structure designed or intended for occupancy
by two (2) families.
1.13 : 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 water:and serve as
breeding places for mosquitoes and other insects.
1.14 GARDEN AND : 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
eanloin!�����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 I!B: Any vehicle which is not in violation of any provision
of this Agreement is a proper vehicle.
1.20 REF SE150LM WASU: Garbage, rubbish, bulky waste, construction or
demolition debris and other discarded matter within the corporate limits of the
city.
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1.21 REFUSE BEGULAIMS: 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 •• 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 : 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 $jMBjSH: All waste wood, wood products, tree trimmings, grass cuttings, dead
plants, weeds, leaves, dead trees or branches thereof, chips, shavings, sawdust,
printed matter, paper, pasteboard, rags, straw, used and discarded mattresses, used
and discarded clothing, used and discarded shoes and boots, combustible waste
pulp and other products such as are used for packaging or wrapping. crockery and
glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances, and
any and all other waste materials not included in the definition of Bulky Waste,
Construction Debris, Garbage, Hazardous Waste, and Special Waste.
1.25 SCOPE OF WORK: The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to. complete
paid work. .
1.26 5ER39CE AREA: City limits of City of Tamarac.
1.27 SPECIAL SERVICE: Any collection or disposal service provided which
exceeds the uniform level of service provided under residential service systems,
per the agreement, and for which a special service charge is applied.
1.28 SPECIAL_ STE: All waste which by the nature of its sue, weight or
chemical content requires special handling in either its collection or disposal. This
includes but is not limited to tree trimmings and branches exceeding the size or
weight defined in Garden and Lawn Trash, or Yard Trash, hazardous materials,
appliances, bulky household items, large furniture items, construction materials.
abandoned vehicles or vehicle parts, body parts, dead animals, flammables,
explosives, radioactive materials or liquid waste, or any items that may not be
lawfully disposed of at the disposal facility utilized by the CONTRACTOR
1.29 STI$ET_Y: 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.
1.3p : Discarded refrigerators, ranges,
washers, water heaters and other similar domestic appliances.
1.31 : 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 to length and four (4) inches in diameter. Such trash shall be
bundled and placed curbside for regular collection.
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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 CI I7 pursuant to the terms of this Agreement, but not otherwise.
The CM 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 USE FEE: 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 �e mTamarac.
c.
Payments shall be due no later than thirty (30) days after
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 CTY 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.
El
3.2 : 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 DELINQUENCY PH '51 -: 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 117PPINQ EEE CREDIL 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)
3.5CONSUMER PRICE RMEX icPn A12111MENT: 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 1 and December 31 subsequent to the twelve (12) month period, to
petition CITY by filing a petition with the Contract Administrator for an
adjustment in the rate above the four percent (4%) maximum level. The
CONTRACTOR'S petition shall contain financial information which shall
substantiate the requested adjustment. The Contract Administrator shall within
thirty (30) days of receipt of the petition recommend to the City Council that the
petition be approved, denied or approved with modifications. A proval, denial or
approval with modifications shall be within the sole discretion ofthe City Council
and shall be final and binding.
Term
4.1 CQXJEACT 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%
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 : 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 Ciry 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,
CONTRACTORons shall the exte extended ed to agreement term.rovide the eservices CITY shall not havn the e terms and co
obligation to exercise these options.
ARTICLE -
Scope of Services
5.1 CONTgACIoHIS :
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 CTTY, 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
mechanicaVcontainerized (dumpster) refuse collection service at least two (2)
times per week unclear t�ius greem�"�
(c) SERVICE:pluSIMENL OF 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) SCHEDULE:HOUDAY 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 bay. 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 refuse customers shall accumulate
w -__refuse at locations that are mutually agreed upon by the customer and
CONTRACT and w >tc arCcoienfentforcoHection�y�1�TRA— ___----
Where mutual agreement is not reached, CITY shall coordinate with
CONTRACTOR and CUSTOMER to designate
location.
(1) •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 "S" or such time as set by CITY via duly
enacted ordinance.
1.1
(2) CONTRACTOR shall provide service Monday through Saturday.
(3) CONTRACTOR shall not make any waste collections on a
Sunday.
(g) gULKY WASTE: CONTRACTOR shall negotiate with CUSTOMER the
means to provide bulky waste pick-up.
5.3 CUSTOMER HEMUMESIE12 THIRD 12Ay pirJJJJP: CUSTOMER may
request additional garbage collection service in conformance with the rates
established in Article 9.
5.4 WASTE COLLECIION: 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
.contracted to do so.
AE1iCLE 6
Schedules and Routes
6. : 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 SEASONAL QVANTM FLUCTUADONS: 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 witll 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 CM 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.
VA
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 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 for tenants have such
animals at large. CONTRAL1un snau uumcuia► ly •=%PM•J ---- - --- -- - Q
such condition and of its inability to make collection because of such condition.
ARTICLEI
Disposal of Solid Waste
CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this
agreement to the approved Froward 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
CM 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
agree that all services
shall be strictly observed by CONTRACTOR. The parties hereby
-provided-by-CONTRACTOR purs►,anc o chisagr==nt shall be carried out in a confident and
business -like manner and in compliance with the standards and specifications set oit-h rn tie
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 herdin. 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 I
Rates, Records, Billing
g,1 Rgam; The rates referred to in Article 9 shall be automatically increased
r_ -- -.-1- .-,:...ea ►creaF.EY it_d=osA fe 4 at
facilities used by CONTRACTOR. Such adjustments shall be effective on e
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.
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(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
additionalbackup-infor-txtati n. -T
(b) In the event that rates are increased or decreased at the
landfill/incinerator/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.
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 persdttnel 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 BILLING:
(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) _ : 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.
WO
ment of
(d) Service shall char et aeservi upon
nfee of $15 00 whennservice isbeing
CONTRACTOR m y 8 ent. CONTRACTOR may charge a
restored after being disconnected for non-payment.
of any past due balances in
monthly late fee, not to exceed one (19�0) PerCITY of the
excess of thirty (30) days. CONTRACTOR rv1Gel�ls not ire tored within ten
discontinuation of a customers service,
(l0) days.
(e) ; CONTRACTOR may require a deposit not
to
exceed twice the fee for monthly service. If CON'ILACTORciesed the total of
mechanicallbulk container to the customer, the deposit may not ex
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 refuned ttoecustomerats. hall be transferred to the city upon
expiration or terminationg
8.4 Where the billing is done by feriwithin �y (30made
days after thye end
CITY shall receive its franchise 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.
total route
8.5 Once a year, CONTRACTOR provide
with any to CITY, other routecomletion of s(other than
within CITY without commingling g
CITY'S) and provide CITY with an accurate tonnage weight analysis.
,M]
Compensado1n
9.1 : CONTRACTOR shall be paid the following sums for all j
service that it provides within the CM.
OPTION V. QUMP-21111 SERMICE MU1.71-FAMI &ON1?0 $EflMICE
MONTHLY SERVICE
Container
7x per
2x per
3x per
4x per
5x por
6x per
Size
week
week
week
week
Wbek
week
2 cu. yds.
61.69
110.12
174.S5
230.98
287.41
343.85
3 cu. yds.
76.61
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
G � �
106.45
209.97
311.46
413.00
514.52
616.03
6 cu. yds.
124.07
240.62
357.16
473.71
590.25
706.60
13 cu. yds.
154.91
301.52
448.1
594.72
741.32
187.93
(d)(t) OPTIONAL SERVICES: (up to 4 cubic yards per container)
(a) Casters: 5_ o n per month maintenance per container
(b) Rollout: $_ n n - por month per container for short, easy
rollout, t time per week
S . oo per month for each additional (Jay perweek
s--U-QA_ per month for long, difficult rollout tune
per wook
$--LL oo per month for each additional day per
week
(_ c)--MnschedW-ed-Oupaciat-pickups
$--- . per uncompacted yard
(d) Compacted rates (Ratio 4 to t)
��. 2 cubic yards per pickup
3 cubic yards per pickup
1 13.9 6 4 cubic yards per pickup
1 42.45 5 cubic yards per pickup
-1?0,94_ 6 cubic yards per pickup
'A11 Rates Are inclusive of Frarwhise Fi-rs
11
OWE
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.
Contractor's Local Office
11.1 : Throughout the term of this
- ' t�r��ocafo€file-o�authori;
11.2
CON I KACTORSttail estatrltslror tnrarrt
agent within Broward County and shall designate in writing within ten (10) days
be served
from
execution of this Agreement
ONTRACTOR'S agent on whom �shall alwayl notices s constitute
from CITY. Service p
service upon CONTRACTOR.
11oU : 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 : 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
rnannff 'record all complaints, and resolve `all complaints in -an "expeditious
manner by the end of the next business ay.
Contractor's Relation to City
121 : 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 a ement _..
not be taken or held to imply the relinquishment or waiver by CfTY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly
to � c� �� right ft,twelfa�reeand
regulations which may be necessary or proper
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
12
by CTTY, 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 CQMPLAINIS: 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 handlingof complaints
in substantially the following manner, all compplaints. 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 CM, 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
VT of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilides -Act of 1992),�vnderstand and $gme-thatihis12=ment is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CITY that said CONTRACTOR will comply with Title VI of the
Civil Rights Act of 1964 when federal grants are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans
and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal opportunity Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
12.5 1,ADCIR FORCE:
(a) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CITY and shall give the name or names to CITY; information
regarding experience shall also be fumished.
(b) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(c) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.
(d) CONTRACTOR shall provide operating and safety training for all
personnel.
13
12.6 : CONTRACTOR, at its sole cost and expense, shall rform furnish
k in an
maintain all equipment as is considere a necessary
e� progress. to The equtpment shall be
acceptable manner and at a satisfactory _ condition through the ��
maintained in a first-class, safe and efficient working
of the agreement and any renewal period. CONTRACTOR
au�A and shall shall maintain
regular preventative maintenance lish a
programequipmentrepairs to the
records of preventative maintenance and Bible Irainitia�$► maintaining and
equipment. CONTRACTOR shall be respon
supervising all maintenance programs, safetperformed hereunder. CONTrecautions and RACTOR
connection with the ms. in
work and services p to prevent property loss or
shall establish reasonable procedures and prograrns limited to,
damage and/or personal injury to persons.
ic mludinay but riot be affected hereby�ployees
nerformina such work and all other personsm
12.7
CONTRACTOR shall comply with all Federal, State. and Local rules ana
ursuanto this areement.
regulations when conducting oP�a treoc cords of ll citations and violations of
CONTRACTOR shall maintain files
any laws, statutes, ordinances, or re d ,ulations in the ownersh, title,
such files and records shall be available upon
or operation of the equipment an
reasonable notice for review by CITY.
• All vehicles and equipment used by
CONTRACTOR for the collection name and telephone nu ber isidential solid waste nlbe letters of clearly
marked with the CONTRACTOR'S not less than five
size sufficient to reasonably identify assi vehicle, oeachtof its vehicles an identifying
inches
in height. CONTRACTOR shall also
number and shall mark the same upon said vehicles in figures not less than five
(5) inches in height.
12•8 containers for collection of residential
provide its customers with appropriateuirements', all such containers shall be
solid waste, subject to the following req
constructed according to the generalll t he scattering oted f industry standards
s contentsf
containers shall be covered to prev
while in transit. All such containers shall be
repair. All containers shall be cleaned and maintained on 9 clearly
basis by CONTRACTOR so as to be go
marked with the CONTRACTOR'S pN7RACTOR shalland telephone umber in epla a any rdamaged
s not less
than two (2) inches in height. C
container within forty-eight (48) hours if notified by CITY or its customers.
12.9
. CONTRACTOR shall establish and enforce in
fttsoper�MUS
ong its emP w� tend to such regulations
prevent t the inception tandls� d
in the collection of solid waste as
diseases and to effectively prevent trhTnreatioaLMaaintan at itosnsole property
tPandd
either lsubli�or—privafe:_CONTp
expense copies of all permits and licenses required or ise or Federal Goverrnmen
solid waste services either from the City, County,
Performance Evaluation and Monitoring
13.1 • CITY hereby reserves the right to inspect and
ehereunder
valuate CONTRACTOR'S operations rel relating
L°. it performance
Evaluation 1Plan attached
either on a continuing or random inspection
14
13.2
13.3
13.4
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.
gEZZjjR5FMZNT OF • CONTRACTOR shall reimburse CrrY tar
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.
�O5TS� CONTRACTOR shall annually reimburse CITY for all costs that are
intun,ed in-monitoring-0nd evaluating-EOI ACTOR'S--performance-underAhis-
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 .
In the event
visionCONTRACTOR shall fail to perform
ew CONTRACTOR with writf the material ten notice of nonof $
Agreement, CITY shall provide C
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 agreement wit tlin a Pero o tune wliichis reams.rabxe u►o�r�
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 breach of this Ae of oche remedies
available to PARTIES at law or in equity f
15
Iva : : A ; .r
(a) = 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, CTTY may call
the Surety and apply the proceeds to the cost of service charged to CM 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 �f this Agreeointmt'enrY c all have RAC ORrigsubo�ll 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
hBond guaranteeing the shall be in the form acceptable ul
to
to
performance of this Agreement. The t
the City Attorney and shall be for the terns 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
- shalfibe- entitled-to-the-retwir-cf-any-eas"ond-on-Deposit-vwith--CrrY-wixhan-ten .--_—
(10) business days.
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall C= 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-
nerforrnance are caused by events or circumstances over which CONTRACTOR
has no conum, u,uiuuu,g 4avw, W_ • ••_—
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.
M
AJJjjQE14
Default of Agreement
14.1 : If, in the opinion of the City Manager, there has i s
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement.
greem d the conditions
a
period of seven (7) days, CONTRACTOR has not
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 take
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 receivingg notice hereof. Should default occur,
CITY may
deliver a written notice to CONTRACTORlier than the default
thirtieth (� )
proposed date of termination. Such date may not be ear
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, rior to the proposed date of
termination, CONTRACTOR cures such default len theropose
prior termination
shall be ineffective. If CONTRACTOR fails to cure
proposed .date of termination, then CITY may -terminate CONT CTOR'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. With term
(10) days of receipt of notice of termination, CONTRACTOR shall stib t
t 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 CITY from any sum otherwise due and owing to
CONTRACTOR.
17
make
f file a
under the
ormance
Letter of
Cr Gash Blond for; any damages, expenses or liabilities that'CITY has
Credit, or C Y
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.
iindemniece on
CONTRACTOR hereby assumes risk of lost and/or injury to property
andLar,_pen Amsing directl oy r induectl from the performance of any of its obligations
rso
under this Agreement and further agrees ton4emn and hord�liazmres3' TI'Y� If erg
agents, and employees from and against any and all claws, 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 This dindemniany fcation ainst shall cone ue beyo d theng out of termof this Agreemental ews nt nt for
as
herein defined). This
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.'rCONTRACTOR
..--A __ *U& 0sbr1:f:4%2t0 t%f
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 to 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.
O :'TRAC-TOR_. shall -maintain; during -he--
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.
it'.]
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 AUJUMOBILE 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 EXCESSIYE ITMERELLA 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 ,COPE OF III 11RANCE: 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. CTTY shall be named a named insured on all of CONTRACTOR'S
insurance policies provided for herein.
16.7
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
COFACTOR, 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 CM 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
wri-twn-notice--oUsuch-change--or-cancellauon-r—Such. -insurance-areounts- may -be -
reviewed upward at CTTY'S request, and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
ABITCLE 17
Compliance with Laws and Regulations
17.1 VEIS : This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
M
17.2 : Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
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.
of this agreement shall be
fans -shall not -be -affected —
UQ%A9U;-U •ViN Va
and shall remain in full force and effect
17.5 EORCE MAJE11RE: 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 CONTRAC33: 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 APPROYAL RX MY COUNCIL: 'This agreement shall not .be, considered
fully executed or binding or effective on cri T until the same shall'be approved
and accepted by the City C:ouncu oI the wily or i wui i1L; ui w, vpx ,,, xuPv L uxr, 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 MTH 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 : 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.
17.10 CHANJjES IN LAA: 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 byy�
Franchise Documents upon CrN or the public. Upon such determination, C
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 ACCOXMMNG
: 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 CM with annual recap of gross receipts and a
summary of all franchise fee payments paid within the preceding twelve (12)
months (See Exhibit 0).
17.12 IgANSFER ABILTTY OF C LNIBA.Cl: No assignment of this agreement or
any right accruing under this agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such concern of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
17.13 PEEECTLU DAIE: This agreement shall be effective upon the execution of
this agreement _ and performance of this agreement shall begin on the
17.14 LICENSU AND TAXU: 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 EXurm": The Exhibits A, B, C, D, E, F, 0, and H, Appendix I and
Appendix 11 are incorporated herewith by reference for all purposes as though
fully setforth.
18.2 : The section in paragraph headings contained
harPin arP fnr cnnvenience and reference__and are not intended to define or limit
the scope of any provision of this agreement.
18.3 ENTIRE CONTRACT: This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
18.4 This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
21
18.5 NQ33CE : 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 a the address set orth lbelo�
receipt requested, addressed to the respective arty
City Manager
City of Tamarac
7525 Northwest 88 Avenue
Tamarac,. Florida 33321-2401
(305) 722-5900
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 722-5900
48.6 : fie legal fees and other .expenses of the prevailing party to
any litigation or dispute arising out of this agreement will be paid by the other
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 o
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 , 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
1171R 1 a ►/ 1
This Agreement shall be effective this thettl th day of 1993, which shall
be the Commencement Date hereof.
Ay }arw+a•
Jo P. Kelly, Cih
ATTEST:
By: � L6.4076p
Carol A. Evans
City Clerk
CITY OF TAMAItAC
APPROVED AT MEETING OF..
may. Mayor
Date: -1
By:
John PL. Kelly
City Manager
Date: 3 J :�!)o -`� 3
23
C, FLORIDA
ti rm:
fi-tcheu S. t _ _
City Att e
i
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
B°}'" �'''�' to me known to be the person(s) described in and who executed the
` foregoing instrument and acknowledged before me that executed the same.
WITNESS my hand and official seal this day of
�
NOTARY PUBLIC, State of
NO?AdY rUBLIC, S*E OF rLORIGA.
MT COMMISSION EXPIRES: JUNE 26. 1093,
OOMORD +'M11Y NOTARY rYM41C YMOt1+"ITYS&
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
(� Personally known to me, or
.07.
eot�.aa-�1i� `c�u+et-3
( ) Produced identification Type of I.D. Produced
( ) DID take an oath. or (X) DID NOT take an path.
24
A WIPAT-
STATE OF FLORIDA
COUNTY OF qua h1:ss
CORPORATION:
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
: ,MCS .4, WAIM0es S�_J /1,4_a7 to me known to be the person(s) described in and who executed the
foregoing instrument and L- acknowledged before me that. executed the same.
ZS my han an official seal this , � day of ,19 5-z--
NO ARY PU4AC, State of
F] rida at Large 11 KM MYJ. GM
.; W OObtM5SION / CM4WW MES
Jrxwy 2.1W
(Name of Notary Public: 'p M?ftM''"" 1C•
Print, Stamp, or Type as
Commissioned)
( Personally known to me, or
( ) Produced identification
Type of I.D. Produced
{ ) DID take an oath, or ( 1 NOT take an oath.
cc: John P. Kelly, City Manager
25
a
F,xbNt 2
Temp. Ord. 2073
.1•
• urnis• • ► -1
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 •.� . 1995•
WITN-ES SETH
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.,•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 fective oAgreement Januaryto provide that the 1,1996 and Januaryonsumer
151997
Price Index Adjustment that was to be
be waived; and
WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has
requested an amendment to Section 4.1 of the gAgreement ember 31 provide dean; aextednsion of the
term of the Agreement from December 31, 19 _
Revised 8/30/95
Revised 9/8195
Revised 9/11/95
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 Cnkhe p roes agree as foemve$ t of
February 24, 1993, between CITY and ONTRACTOR
1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment.
is amended to read as follows:
ArLI&L
@_I Fe2sand Rev anues,
§3.5 rEricInd P ' t
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 increasse in the CPI in such twelve (12) month period,
CONTRACTOR shall have
the
etwe ��� (12�month periodbtorI and
petition
December 31 subsequent
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 E-edit6l Cgrnmislign 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 Geeil m i i and shall be final and binding.
W)
Revised 8/30/95
Revised 9/8/95
Revised 9/11/95
Consumgr Price Index Adjustn2pnt hall eff
1. 1996 and Janus 1, 1997 IY=hese M
r' hgrpater, CPI adig§tments in 1hp, rate shall occur
fps herein' atove.
2. Article 4, Term, Section 4.1 Contract Term is amended to
read as follows:
Article 4 Term
4.1 Contract Term.
The temp 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 27.1925, this Agreement
shall
1. Service shall commence no later than forty-five
(45) days from the date this contract is executed by both parties.
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 mi i and CONTRACTOR during the month
of juiy !99fr, Jlijly2QQQ however, that the total remaining agreement
shall never exceed 133 hjWv_Qj1Z 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:
9.1(d)(1) nal 5 rv' A
The caster charge per month. maintnenance per container is
eliminated from this Agreement.
3
Revised 8/30195
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 01�mj)UMUMKK duly authorized
to execute same.
James A. Waters
C! OF TAMA C
By.
MW9
No man Abramowitz, Mayor
r
Dater
ATTEST: N�7
City Clerk �tLtL Robert S. Noe, Jr., City Manager
Carol Evans, ,
Date:
a-- �1'S Date: �f�'
Approved �p to form an �egl
Mitchell S. Kraft, City Attorney
STATE OF FLORIDA
ss: Acknowledgement of City of Tamarac
COUNTY OF BROWARD )
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 OJ'� day o , 1995.
,OAY NFICIAL NOYARY SEAL
KANN Ln JAI=MOY
DOW03X M NUYrLN
CCZ01S76
Tlb e MY CC11ri18ilON [»
Or no MAY 14.1996
Personally known to me
Produced identification
'V� �- Z-4,11 Public, State Florida at Large
Print or Type Name of Notary Public
Commission Number 81 Expiration Date
4a
Corporate Secretary
� Ay�o L. �coman�rlo _
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
Kel
10017l
Revised 8130/95
Revised 918/95
Revised 9/11/95
President
Date: 1 Z
Before me personally appeared James A lea �, 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,
My Commission Expires:
CPtUt:P
ced Identification
Did/Did Not take an oath.
this 12__ day of Spntpmher , 1995.
Notary P ic�Stat of
Florida At Large
Print or Type Name of Notary
MY OdAIAI%8M "SF'
L
M
Exhibit 3
Temp. Ord. 2073
Second Addendum to the Febru.a 24 1993 Agreement
Between the City of Tamarac
and
Waste Mana ement 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 3073 (hereinafter "CONTRACTOR") is made and entered
into this -- / 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
WHEREAS, the CONTRACTOR agrees to include bulk pick-up service and to
p ovide 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 stFask !hFu 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 BI0HAZ RDQ ie k44,&r4 BIOMEDICAUHAZARDOUS WASTE: Shall have the
meaning set forth in Section 403.703 Florida Statutes. Such items are excluded
from the solid waste stream under this agreement.
§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 bu*y 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 opeFatiOR
§1.20 REFUSE/SOLID WASTE: Garbage,
household trash
corporate limits of the city.
rubbish, bum bulk waste,
and other discarded matter within the
§1.22 RESIDENTIAL SERVICE (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 excluding rental apartment com lexes.
oil
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 stFusk4#ru 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 8.42, '
§3.5 CONSUMER PRICE INDEX CPI ADJUSTMENT: If this agreement is not
terminated as provided herein, on JaRua;y4 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 January 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 August 1 and August 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 only 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 a reement shall be extended an additional three
3 ears and shall expire on December 31 2004. Service shall GemmenGe no
3
Items strusk4hfu represent deletions, underlined items represent additions
pa#iee-be continuous from date of execution of this addendum.
4. Article 5 Scope of Services, §5.2 Bulky Waste is amended to read as follows:
Article 5 Scope of Services
§5.2 (g) BULKY WASTZ: BULK WASTE: Effective January1. 2002, CONTRACTOR
shall A699tmate with GWSTGMER the meanr, te provide bWky bulk waste pick-up
service on a bi-annual asis i.e. two ti es per calendar ear
Contractor shall establish a schedule of bulkpick-u collection
days, which is agreed to by the City_on or before December 1st for
the following Bulk i k-u s shall be at a location mutuall
agreeable to Contractor and Customer. In the event the Contractor
and Customer cannot agree on pick-up location the City shall
determine thg Iggation. Pick-up location must be accessible to
Contractor's collection vehicles. Each item of Bulk Waste shall be
of a configuration, weight and size that two men can f I _pickup
the Bulk Waste and -_place- it in a rear load collection vehicle.
Contractor shall advise Customer in writing a minimum of 30 days
in advancg 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 ad ' ignal
service on an as needed basis through CONTRACTOR, shall
provide the re uested service within 48 hours of CUSTObdER call.
The following methods and fees shall_apply:
20 cubic yard open top container at a cos f 250 f r 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
Items atrw& thFu 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 G#y 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 ofi
Tamarac. This equipment shall be supplied on an "as needed" basis.
1) Boom Truck -- Self contained thirty (30) cubic yard open bed
truck with a "clam bucket" loading mechanism for "on -site debris
picku "
2 Rear Loader Truck — Thirty-one 31 cubic yard ca aci "rear
Load" packer type waste collection truck.
3) Roll Off Truck — Single truck operation capacity to load/unload
ten 10 through forty 40 cubic and 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 a k4l;-Fu represent deletions, underlined items represent additions
G. 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 appliGable franrhise 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 ad'ustment shall be calculated as follows:
Total amount of disposal fee increase/decrease X .10 = Increase/decrease per
cubic and
§8.4 Whep4he Billing is shall be done by CONTACTOR, billing may be made FROAthly,
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,.
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 (80) days. The contractor shall provide this
data in electronic format.
CONTRACTOR
within sixty (60) days
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
fre uenc ofpick-up for each account.
Gnre a - w, ORshall pFevide Uv - --
_ - -
within GITY without
r + -weight
CONTRACTOR on basis shall provide -rr ofthe total
6
Items strurk thFY represent deletions, underlined items represent additions
tonnage of solid waste collected from multi-famil residences within the CITY
duri ig the previous twelve 12 month period. Said repo t shall break out the
tonnage collected iring bulk ick-u s.
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: 01610.
to form and W- al
Mit
010 S. Kraft
City Attorney
CITY OF TAMARAC
By:
Joe Schreiber,
Mayor
DATE: 01,01
Jeffrey L. Miller
City Manager
Date: r1 7Io
7
Items stFwk + represent deletions, underlined items represent additions
r_ti.>tM
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF BROWARD )
CONTRACTOR
Waste Management Inc., of
Florida, D/B/A Southern
Sanitation
4
Phial Mori , Division Vice PI&
'
President 1)1C'L_
Date:
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 _JQtinday of , 2001
9444AZZ'Q23 4&�a z" e
Notary Public, State of
Florida At Large
Type -Name of NotarSr-
My Commission Expires:
�rr•r r.... ♦.�•.�.r.. •v•. r.r
Personally known (✓ )
Produced Identification ( )
Did/Did Not take an oath ( )
8
Items stri ok th rrepresent 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's 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 Southem Sanitation for Furnishing 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 states that he is the qualified and acting Assistant Secretary or Waste Management
Inc. of Florida, a Florida Corporation (hereinafter "Corporation's and that the following is a true and
corned copy of the Unanimous Consent of the Board of t)irectors 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
Feb Nary 24, 1993 Agreement betwoen the City of Tamarac and Waste Managamenl Inc of Florida
DASIA Southem Sanitation for Furnishing Muki-Famity Solid Waste Collection,
FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be
and is heretry authorized, directed and empowered to execute and deliver for and on behalf of the
Corporation, any and all agreements, contracts, documents, ceriitioations, deeds, and memoranda
deemed by him to be necessary and appropriate to offect the herein authorized Resolution.
WITNESS my hand and the seal of the Corporation this 10
Third Addendum to the Februa 24 1993 Agreement
Between the City of Tamarac
:i•
Waste Management 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 7425 NW 88th 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 21St Avenue, Pompano Beach, Florida, 33073 (hereinafter
'CONTRACTOR") is made and entered into this _ day of
Decembef , 2004.
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
WHERAS, the Agreement was subsequently amended on September 29,
1995 and July 11, 2001; and
WHEREAS, the CITY and CONTRACTOR agree to revise Article 4, Term,
as herein specified, extending the term of the agreement until December 31,
2009; and
WHEREAS, the CONTRACTOR agrees to increase bulk pick-up service
and to provide two additional bulk pick-ups per calendar year to each
CUSTOMER at no additional cost to residents; and
WHEREAS, the CONTRACTOR agrees to provide post-storm/disaster
debris removal services if authorized by the CITY at the rate of $15.00 per cubic
yard plus disposal; and
WHEREAS, the CONTRACTOR agrees to revise Article 12, Contractor's
Relation to City, as herein specified, to provide for notification of customer
complaints and the resolution of said complaints within 24 hours to the CITY.
NOW THEREFORE, in addition to the obligations set forth in the
Agreement of February 24, 1993 and the subsequent addendums dated
September 29, 1995 and July 11, 2001, the parties agree as follows:
1. 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 September 27, 1995, the
Agreement shall be extended an additional four (4) years and
expire on December 31, 2001. Effective July 11, 2001, this
Agreement shall be extended an additional three (3) years and
shall expire on December 31, 2004. Effective January „1, 2005, this
A reement shall further be extended an additional five 5 ears
and shall expire on December_ 31, 2009. Service shall be
continuous from date of execution of this addendum.
2. Article 5, Scope of Services, Section 5.2 Bulk Waste is amended to read
as follows:
Article 5 Scope of Services
5.2 (g) BULK WASTE: Effective January 1, 2002, CONTRACTOR
shall provide bulk waste pick-up service on a bi aARUal quarterly
basis (i.e. twe four times per calendar year).
3. Article 6, Schedules and Routes, Section 6.3 is amended to read as
follows:
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 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 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.
_--_---Sri-:: - - - - - -
27
Subiect to prior written authorization from CITY. CONTRACTOR
shall provide debris removal services immediately following a storm
or disaster at the rate of $15.00 Per cubic yard, not including
disposal costs. CONTRACTOR compensation at this rate shall be
based on Federal EmergencyEmeLgency Management Association certified
load tickets. CITY designated disposal site for said debris shall be
within a fifteen (15) _mile radius from the center of the Citv of
Tamarac.
4. Article 12, Contractor's Relation to City, Section 12.3 Customer
Complaints is amended to read as follows:
Article 12 Contractor's Relation to City
12.3 CUSTOMER COMPLAINTS: CONTRACTOR shall perform every
reasonable act to provide a service of high quality and keep the
number of legitimate complaints to a minimum. In order that CITY
may be fully informed of the quality of 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
notify CITY, by electronic mail, of all complaints received and the
resolution of said complaints within 24 hours of receipt of complain
in addition to maintaining log. 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.
5. The February 24, 1993 Agreement between the 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.
6. The effective date of this Addendum to the Agreement shall be January 1,
2005.
(The remainder of this page is intentionally left blank.)
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
John Casagrande, Market Area Vice President, duly authorized to execute same.
ATTEST:
Marton Swenson. CMC, City Clerk
I
Date: /--22 q f1 Y-
Approved as to form and legal
Ri iffiriPnrv-
Date: �) I -L'
CITY OF TAMARAC
By:
Joe Schreiber, Mayor
Date:
�vr
Date: �>-- _()L. (
ATTEST:
Ae-sj CorpAraje Secretary
�Rw o tc*PLrvu
Print Name of Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA )
COUNTY OF BROWARD )
CONTRACTOR
Waste Management Inc., of
Florida D/B/A Southern
Sanitation
By: , wrv-,� a44a�
Joh asagrande
MV Area Vice P%rb
ident
Date: 1� %%
Before me personally appeared John Casagrande, 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 I--- day of kRAVy9bVG, 200 .
Notary Public, State of lorida
At Large
Print9101111t
t to o ason
Bo Rq&Mdedd Thm
My Commission Expires:�� Bonding Co..Inc.
Personally known X )
Produced Identification ( )
-DA/Did Not Take An Oath (� )
"
CERTIFIC T iM URANCE
Date: (MM/DD/YY)
,
12/21/2003
PRODUCER",
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
LOckton Companies of Houston, Inc.
5847 San Felipe, Suite 320 �,
AND CONFERS NO RIGHTS UPON THE CERTIFICATE:
Houston, �(�, 29
Houston, TX 77057
HO
LbER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
866-260-3538 (Phone) Q3
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
866-492-1055 (Fax)
INSURERS AFFORDING COVERAGE
INSURED: WASTE MANAGEMENT and'"-"
Insurer A:
ACE American Insurance Company A W11
Waste Management, Inc.
Insurer B:
Indemnity Insurance Company of North America
3831 Northwest 21St Avenue
Insurer C:
Pompano Beach, FL 33073
Insurer D:
Insurer E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY BE EXHAUSTED BY PAID CLAIMS.
�S
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE DATE
EXPIRATION
LIMITS
DATE
GENERAL LIABILITY
HDO G21693054
1/1/2004
1/1/2005
EACH OCCURRENCE
$ 5,000,000
A
X
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (ANY ONE FIRE)
$ 5,000,000
X
OCCURRENCE
MED EXP (PER PERSON)
X
XCU INCLUDED
PERSONAL & ADV INJURY
$ 5,000,000
X
ISO FORM CG0001 1001
GENERAL AGGREGATE
$ 6,000,000
GENT AGGREGATE LIMIT APPLIES PER:
PRODUCTS/COMP, OP. AGG
$ 6,000,000
X
PROJECT
X
LOCATION
AUTOMOBILE
LIABILITY
ISA H08010948
1/1/2004
1/1/2005
COMBINED SINGLE LIMIT
$ 10,000,000
A
X
ANY AUTO
(EACH ACCIDENT)
ALL OWNED AUTOS
X
HIRED AUTOS
X
NON -OWNED AUTOS
X
MCS-90
EXCESS
LIABILITY/UMBRELLA
XOGG21806234
1/1/2004
111/2005
EACH OCCURRENCE
$ 15,000,000
A
X OCCURRENCE
AGGREGATE
$ 15,000,000
CLAIMS MADE
WORKERS' COMPENSATION WORKERS' COMPENSATION STATUTORY
B and EMPLOYERS LIABILITY WLR C43972765 1/1/2004 1/1/2005 EL EACH ACCIDENT $ 3,000,000
A SCF C43972728 (WI) EL DISEASE -EA EMPLOYEE $ 3,000,000
EL DISEASE -POLICY LIMIT j $ 3,000,000
REMARKS: DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT PROVISIONS:
CHECK BOX BLANKET WAIVER OF SUBROGATION IS GRANTED IN FAVOR OF CERTIFICATE HOLDER ON ALL POLICIES WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT
® CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED (EXCEPT FOR WORKERS' COMP/EL) WHERE AND TO THE EXTENT REQUIRED BY WRITTEN CONTRACT
Re: All Operations of the Named Insured
CERTIFICATE HOLDER: CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30 DAYS
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO
SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS
AGENTS OR REPRESENTATIVES *EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT.
City of Tamarac
7525 Northwest Avenue AUTHORIZED REPRESENTATIVE:
Tamarac, FL 33321321 �—'a-
S A F E C 0' CONTINUATION
�► CERTIFICATE
SAFECO INSURANCE COMPANY OF AMERICA , Sure' upon
on
�
a certain Bond No. 5736003
dated effective April 1 1993
(MONTH -DAY -YEAR)
on behalf of Waste Management, Inc. of Florida
(PRINCIPAL)
and in favor of City of Tamarac, FL
(OBLIGEE)
does hereby continue said bond in force for the further period
beginning on January 1 2004
�
(MONTH -DAY -YEAR)
77
i= •
»
W ,
and ending on January 1 2005,:
(MONTH -DAY -YEAR)
Amount of bond $250,000.00
Description of bond Furnishing Multi -Family Solid Waste Collection Services
Premium: N/A
PROVIDED: That this continuation certificate does not create a new obligation and is executed upon the express condition and provision
that the Surety's liability under said bond and this and all Continuation Certificates issued in connection therewith shall not be cumulative j
and that the said Surety's aggregate liability under said bond and this and all such Continuation Certificates on account of all defaults
committed during the period (regardless of the number of years) said bond had been and shall be in force, shall not in any event exceed the
amount of said bond as hereinbefore set forth.
Signed and dated on February 3 2004
(MONTH -DAY -YEAR)
SAFECO INSURANCE COMPANY OF AMERICA
PO Box 3 6, SqaftWA 98124 26 SEAL
;,A
s53TTORNEY-I N KF T T nis IAA tson�"
Marsh USA, Inc.
Agent
1000 Louisiana Suite 4000 Houston TX 77002
Address of Agent
713-654-0528
Telephone Number of Agent
S-01571SAEF 01102
® A registered trademark of SAFECO Corporation
FRP
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANCE ACT OF 2002
As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company
of America, General Insurance Company of America, First National Insurance Company, American States
Insurance Company of American Economy Insurance Company), it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain
circumstances we may be eligible for reimbursement of certain surety bond losses by the United States
government under a formula established by this Act.
Under this formula, the United States government pays 90% of losses caused by certified acts of
terrorism that exceed a statutorily established deductible to be paid by the insurance company providing
the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers
for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond, the underlying
agreement guaranteed by this bond, any statutes governing the terms of this bond or any generally
applicable rules of law.
At this time there is no premium charge resulting from this Act
5.6248 2/03
5 A i E C 00 PcvvE� -AFEI= nsurance :-moany
I CF r i CRNE'� 'rZ Sax;ds2a
3eartle.'NA 2812d.1Si6
7
Nc, 5713
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY CF AMERICA, eacn a'Nasningron corneratior, Ices eac
appoint n herec
• " **1*0CNAL0 R. GIBSON: SANDRaL. ?OWER: `dZ: [ ti i.a DC C::, `.. NI5 tiff "" 50N::.�C�tiELK C JtZ IS 'NIL; zFop
:OE.VAR.NnZ:TERRIMORRMON:�riF,R`!awGrIRCA:Iioustor> Tens••••,•,,•••,•••••••••,•••••......,....,................... .............................
!ts true 3na 'awful 3ttomev(s)-in-fact, -Kith 'uil authority :e execute on .13 :enaif IX:aiity Inc sura7i 3cncs or .nca taxlr,ys arc other aocu nests of ; amiiar .narec;=r
!ssueo in the course of its business, and to dine the rescecdve comeanv :hereay. -
IN WITNESS WHEREOF, SAFaCC INSURANCE COMPANY OF AMERICA Ina GENERAL INSURANCE COMPANY OF AMERICA have eacn execu,zc arc
attested these presents
this -th
/ ae
R.A. PIERSON, SECRETARY I
MIKE M174A,VICK, PRESIDENT
CERTIFICATE
�--xTMc' tom the Sv--3w5 of SAFE -CC !NSU ANCE CCh9PANY ^F AARERICA
anc of GENERAL INSURANCE COMPANY OF AMERICA:
oav of `dovember
".4rticte V, Seddon 12. • FiCE_7v aNC 3uRE"--' 3CNCS ,.. the -resieent. anv 'Ice-resieert, 'he Seae�rv, anc any assistant �cz ?resident acocinted `cr purpose by the officer's charge of surety oceradons, snail eacn nave 3u7,hcrrty :c appoint ineivieuals as attomevs- rt ,c ,a, or.incer ocher apprapnate titles with au:herm exac>Jre on behalf of the company fidelity and surety bonos and other documents of similar and- ssueo by the comoanv :n :he course of 'ts ousiness... On am,
instrument maidng or evidenang such appointment, the signatures may 3e atfixe❑ My acsimile. On anv nstrument conferring sucn 3uthanty or on env ❑cnc .r
undertaking of 'he oomoany, the seal, or 3 acsimile :hereof. 70v be imcresaee IF 3ffixeo or!n anv other manner reprcducea: provieed, however.:hat the seai snail -.cl
❑e necessary to the validity of any sucn ins rument Or uneena+dng,"
Extra= from a Resolution al' the °card Of Clre=ors of SAFECO INSURANCE COMPANY CF AMERICA
ana of GENERAL INSURANCE COMPANY OF AMERICA aeocte,a -ulv 29. 1970.
"On any zertificate exec ted by the ecretary or an assistant secretary or the Ccmoany setting cut.
i) The orovisions of Ardae V, Section' 3 of the By-•_3ws, anc
(ii) A copy of the power-0f-attomey appointment, exew.rted p,rsuar.::herete. 3na
(iiI) Certifying that said power-of-ifappointment is in UII ,`orce ano effec.
the signature of the certifying officer may be by facsimile, and the seat of the :.3mpanv :nay t:e a acoimile thereof.,,
I. R.-A. ?!ern, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby xnifr that :he
foregoing extrac-s of the By -Laws and of 3 Resoludan of the Beata of Directors of these coroeratians. and of a Power of Attomev issued pursuant thereto, are :rue anc
=Fred-,, and that both the Sv ' 3ws, the Resciution ana the Rawer of .Attorney are soil in III force and ON=
IN WITNESS WHEREOF,: have hereunto set my hand and affixed the acsimde seal of said corporation
0► AASOV
this—.J;��. _ 4
day of�
R-A. PIERSON, SECRETARY
3a9711JSAEF :to 1