HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-006Temp. Ord. # 2079
Page 1
February 22, 2005
Rev. 1 — February 25, 2005
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2005- MCP
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE A THIRD ADDENDUM TO THE 1994
AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL
SERVICE REFUSE, INC. FOR FURNISHING RESIDENTIAL
RECYCLING COLLECTION FOR AN ADDITIONAL TERM TO
BEGIN APRIL 1, 2005 AND END DECEMBER 31, 2009;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 4, 1994, the City of Tamarac and All Service Refuse, Inc.,
entered into an Agreement for Furnishing Residential Recycling Collection Services, a copy of
said Agreement attached hereto as Exhibit 1; and
WHEREAS, the term of this Agreement was for an initial term through December 18,
1997 with the option of renewing the Agreement for a two (2) year period and then
subsequent five (5) year periods; and
WHEREAS, the Agreement was modified through an Addendum, referred hereto as
First Addendum, on November 26, 1997, and extended through December 31, 1999, a copy
of said addendum attached hereto as Exhibit 2; and
WHEREAS, pursuant to Article 3.3, the original Agreement was extended through an
Addendum, referred hereto as Second Addendum, on February 9, 2000 and extended until
March 31, 2005, a copy of said addendum attached hereto as Exhibit 3; and
WHEREAS, at the June 7, 2004 Workshop meeting, the City Commission directed
staff to enter into negotiations with All Service Refuse, Inc. for contract extension; and
Temp. Ord. # 2079
Page 2
February 22, 2005
Rev. 1 — February 25, 2005
WHEREAS, the result of those negotiations is the proposed execution of the Third
Addendum to the October 4, 1994 Agreement, hereto attached as Exhibit 4, which provides
for the modification of several sections of the existing Agreement and extends the term
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 the Third
Addendum to the Agreement between the City of Tamarac and All Service Refuse, Inc. for
Furnishing Residential Recycling Collection 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.
SECTION 2: The appropriate City Officials are hereby authorized to execute the Third
Addendum to the Agreement between the City of Tamarac and All Service Refuse, Inc., for
Furnishing Residential Recycling Collection, a copy of said addendum attached hereto as
Exhibit 4, and made part hereof with the renewal of said Agreement beginning on April 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.
1
1
1
Temp. Ord. # 2079
Page 3
February 22, 2005
Rev. 1 — February 25, 2005
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.
SECTION 5: This Ordinance shall become effective immediately upon its passage and
adoption.
PASSED, FIRST READING this 91h day of March, 2005.
PASSED, SECOND READING this 23d day of March, 2005.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
IY11 I vl IL-LL V. 1\1
CITY ATTORN
E SCHREIBER
Mayor
RECORD OF COMMISSION VOTE: 1st Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TALABISCO
DIST 3: V/M SULTANOF
DIST 4: COMM. ROBERTS - ,11,r�
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS p
11 .._' ;=--
Temp Ord 2079
Exhibit 1
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES
cf"
This is an Agreement dated the 3� day of 1994, between THE CITY
OF TAMARAC, a political subdivision of Broward County, Florida, its successors and assigns,
(hereinafter referred to as "CITY"), through its City Council, and ALL SERVICE REFUSE
COMPANY, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR").
WITIVFiCETH
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
Dcfuiitions
1.1 ADJUSICED TON: Tonnage that is received by the processing center less any
adjustment for contamination.
1.2 CITY: Shall include the City Council of the City of Tamarac, Florida.
1.3 COMMENCEMENT VI : Shall be December 19, 1994 at 12:01
a.m.
1.4 MATERIALS: Recyclable Materials
other than newspaper, cardboard and incidental kraft paper mixed together in the
same container.
1.5 CONDOMINIUM: 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 CONTAMINAJJQ� The mixture of Recyclable Materials and materials which
are not capable of being recycled to the extent that it is not possible to separate the
Recyclable Materials from the materials which are not capable of being recycled.
1.7 C12NTRACT ADMINISShall be City Manager and/or his designee.
1.8 CONTRACTOR: Shall be All Service Refuse Company, Inc.
1.9 CUSTOMER: Shall include any single-family or residential service unit within
the corporate limits of the City of Tamarac.
9/1 /94
1.10 _DEFAULT: The failure of CONTRACTOR to provide a material portion of any
of the scope of services as outlined in this Agreement.
1.11 GROSS RECEIPTS: Shall include all revenues received by CITY pursuant to
this Agreement which shall include monthly compensation pursuant to Article 6.
1.12 GROUP CITIES: Coconut Creek, Lauderhill, Margate, North Lauderdale and
Tamarac.
1.13 : A processing center facility
which accepts the delivery of Recyclable Materials which have not been sorted by
type by CONTRACTOR and which purchases or accepts Recyclable Materials
which have not been sorted by type by CONTRACTOR.
1•14 : Shall mean the form of security approved by the
CITY and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
Agreement and will pay lawful claims.
1.15 PUBLIC AWARENESS P : Promotional, educational program
developed by CONTRACTOR and CITY to inform and encourage residents to
use the recycling collection services.
1.16 RECYCLABLE MATERIALS-- Program recyclables are defined as:
- Corrugated cardboard;
- Newspapers and inserts;
- Clear glass, green glass and brown glass food and beverage containers;
- Aluminum steel and bi-metal food and beverage containers;
- Plastic containers (types #1, #2 and #3);
- Polycoated gabletop containers and aseptic packages;
- Incidental kraft paper and film plastic bags used to contain program recyclables;
- Phone books (on scheduled program).
Program recyclables and other such Recyclable Materials from single family or
multi -family units as the parties may agree to in writing.
1.17 gECyCLING COLLECTTQN SERVICE&Services to be performed by
CONTRACTOR:
(a) Collection of Recyclable Materials from locations designated by City.
(b) Transportation, sale and unloading of Recyclable Materials at the MRF.
1.18 RESIDENT: An owner of or occupant of a unit.
1.19 ROUTE: A scheduled sequence of streets for pick-up of Recyclable Materials by
a recycling vehicle on any given day.
1.20 SCOPE OF WORD: The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to complete
said work.
1.21 SERVICE AREA: City limits of City of Tamarac.
9/t /94
1.21 SERVICEAREA: City limits of City of Tamarac.
1.22 SURETY: Shall mean the party who is bonded with and for the CONTRACTC't
to insure the payment of all lawful debts pertaining to and for the acceptable
performance of the Agreement.
1.23 UNIT: Shall mean the place of residence of a customer.
(a) , ingle Family:
A single dwelling unit or a multi -family unit which uses curbside trash
collection.
(b) Multi -Family:
A dwelling unit within a multi -family structure, or a single dwelling unit
which uses containerized trash collection.
ARTICLE 9
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the CITY
governing the collection of residential solid waste, the CITY hereby grants to the
CONTRACTOR the non-exclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the CITY for the purpose of
engaging in the business of collection of recyclable materials from residential customers located
within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
otherwise.
The CITY shall retain vested title to all Recyclable Materials covered by this franchise
Agreement and generated within the corporate limits of the CITY. CONTRACTOR shall
transport all collected Recyclable Materials to the processing center facility designated by the
CITY.
CONTRACTOR shall take possession of the Recyclable Materials upon pickup from residents
and shall be responsible for the safe delivery of such Recyclable Materials to the designated
processing center facility.
3.1 ��ONUMACT TERM: The term of this Agreement shall begin at 12:01 a.m. on
December 19, 1994 and shall expire on December 18, 1997.
3.2 =QN (EXTENSION): CITY and CONTRACTOR shall have the option to
extend the term of this Agreement on a month -to -month basis on thirty (30) days
written notice.
3.3 RENEWAL,, CITY and CONTRACTOR shall have the option to extend the
term of this Agreement for a Two Year Period of Time to allow for concurrent
term of solid waste and recycling contracts, thereafter this Agreement may be
renewable for five (5) year' periods .by CITY., The decision to renew this
Agreement for an additional term shall be made by the CITY no later than the end
of the current term. Notice shall be provided by CITY to CONTRACTOR
9/,/9, 3
to CONTRACTOR pursuant to Article 19.17, CITY shall not have any obligation
to exercise any additional term.
ARTICLE 4
Scope of Services
4.1 GENERAL, STATEMENT OFCONTRACTOR'S OBLIGATIONS:
CONTRACTOR hereby agrees to collect all Recyclable Materials by residential
customers within the corporate limits of the CITY, except as specifically excluded
in this Agreement.
4.2 a : Residential Recycling
Service shall be provided regular recycling collection service at least ore t 1) time
per week under this Agreement. All units are required to receive such service.
(hl HOLIDAY SCHEDULE: Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTOR shall be required to pick up recycling on
all holidays other than Christmas Day. If a pick-up day falls on Christmas Day,
collection shall not be made.
cW QUANTITY: CONTRACTOR shall be required to pick up recyclabled
materials as follows:
(c)(1) CONTRACTOR will establish route(s) for recycling collection
vehicle(s) to efficiently collect recyclabled materials.
(c)(2) CONTRACTOR shall collect recycling materials a minimum of
once per week.
4.4 METHOD OF _COLLECTION: CONTRACTOR shall provide recycling
collection to:
(A) Multi -Family Units
1. Materials
Two sort commingled Recycling Collection Service consisting of son (1) -
newspaper, and corrugated cardboard, sort (2) consisting of glass food or
beverage containers (clear, brown, green); aluminum, steel and bi-metal
food and beverage containers; plastic containers (Types 1, 2 and 3), gable
top and aseptic beverage containers, incidental kraft paper and film plastic
bags used to contain Program Recyclables.
2. _ outer
CONTRACTOR may establish route(s) for recycling collection vehicle(s)
without regard to the order of multi -family units within each phase. Each
location shall be provided with Recycling Collection Service a minimum
of once per week, and shall be provided with Recycling Collection
Service, in CONTRACTOR'S discretion, more often if needed to prevent
container overflow. All recycling containers shall be placed within trash
rooms or dumpster enclosures. In locations where it is not possible to
place containers in enclosures, CONTRACTOR shall contact Contract
Administrator for instructions. Each container shall be serviced by
9/, /9. 4
r--,
rr-
J
CONTRACTOR'S employee and emptied. The employee shall then return
the container to its designated location.
3. Containers:
(a) Each multi -family complex will be distributed a minimum of two (2)
containers per each trash dumpster enclosure. One container shall be used
for the collection of sort one and the other for collection of sort two. A
compartmentalized truck shall be used to service each location. CITY
shall provide 90-100 gallon containers at commencement of service. The
location of complexes, number of dumpster sites and units assigned for the
recycling program are outlined in Exhibit B, attached hereto and made a
part hereof.
(b) Containers shall contain decal text relative to the items to be deposited
and ownership of containers. Container assembly, application of decals
and delivery to complexes/site locations shall be the responsibility of
CONTRACTOR. Maintenance of containers, including but not limited to,
repair or replacement of broken lids, wheels, axles, stop bars and handles
and all costs related to maintenance shall be the responsibility of
CONTRACTOR. When CITY determines that a container has been
damaged beyond repair, CONTRACTOR will transport container to the
City's inventory site for replacement and deliver a new container to site.
CITY shall retain ownership of all containers.
(B) Single Family Units
1. Milterials
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) - consisting of glass, food
and beverage containers (clear, brown, green); aluminum, steel and bi-
metal food and beverage containers; plastic containers (Types 1, 2 and 3),
gable top and aseptic beverage containers, incidental kraft paper and film
plastic bags used to contain Program Recyclables.
2. Route:
(a) Single Family CONTRACTOR shall collect once each week from
all single family units on the same day of the week as one of the garbage
collection days. Collection shall be made only between the hours of 7:00
a.m. and 7:00 p.m. There shall be no collection on Sundays.
(b) !Qgmmencement of vice: Prior to commencing services,
CONTRACTOR shall provide CITY with a route map or schedule. CITY
shall have the right to approve said route map or schedule, which approval
shall not be unreasonably withheld. Should CONTRACTOR propose
substantial route changes which alter the date of collection, upon City's
approval of the proposed changes by CONTRACTOR, CONTRACTOR
shall promptly give written notice to the affected residential units.
CONTRACTOR acknowledges and agrees that CONTRACTOR shall be
obligated to take such actions as necessary to fulfill its duties and
obligations hereunder and that CITY may after negotiation with
9/1/94 5
y1
CONTRACTOR and a mutual agreement between CITY and
CONTRACTOR, from time to time, issue written directions to
CONTRACTOR clarifying the scope of Contractor's services to fulfill the
intent of this portion of the Agreement.
3. CmaUduem
Each single family unit shall be provided with a minimum of at least one
12-gallon or larger recycling container for collection of commingled
Recyclable Materials.
Contractor's employee shall pickup recycling container and newspaper at
curbside. Recyclable Materials shall be placed into recycling collection
vehicle. The emptied recycling containers shall be placed at the curb.
Recycling materials will be delivered to the Materials Recovery Facility.
Containers will contain text relative to ownership and instructions as to
what are items to be deposited in the containers. Initial container
placement shall be the responsibility of CITY. Storage and replacement of
broken or stolen containers shall be the responsibility of CITY upon
notification by CONTRACTOR. CITY shall retain ownership of all
containers.
In the event of a missed pick-up reported by CITY or a resident,
CONTRACTOR shall collected the Recyclable Materials from such site
within 24 hours of receipt of any such report. CONTRACTOR shall not
be responsible for missed pick-ups caused by residents who do not place
their Recyclable Materials at curbside in a timely manner.
(C) Service to City Facilities:
CONTRACTOR shall provide Recycling Collection Service of program
materials from containers to be placed by CONTRACTOR at dumpster
locations at CITY facilities as defined in ARTICLE 4.9. CONTRACTOR
shall provide servicing of recycling containers to be placed at CITY
facilities. Said locations shall be provided with Recycling Collection
Service a minimum of once per week. All revenue from material in these
containers will be shared in accordance with ARTICLE 6.5(a).
4.5 : Collection shall begin no earlier than 7:00 A.M.
and shall cease no later than 7:00 P.M. In the case of an emergency, collection
may be permitted at other times, provided CONTRACTOR has received prior
approval from CITY or authorized representative, to be later evidenced by a
written memorandum confirming the approval. There shall be no collection on
Sundays.
4.6 PLUSICALLY DISABLE12: CONTRACTOR shall provide recycling pickup
(back or side door) concurrent to single family curbside service who qualify for
such service. Residents shall be required to write a letter and provide proof of
medical disability to the City Manager of the City of Tamarac establishing such
disability of household members.)
9/1/94 C
4.7 RECYCLINQ COLLECTION: CONTRACTOR shall make collections with a
minimum of noise and disturbance. Containers shall be handled carefully by
CONTRACTOR and shall be disposed in a sanitary manner. Any Recyclable
Materials spilled by the CONTRACTOR shall be picked up and removed by
CONTRACTOR.
4.8 MUNICIPAL SERVICE: CONTRACTOR shall provide CITY with multi-
family son 1 and sort 2 recycling collection service at the following locations at
no cost to CITY:
MUNICIPAL WCATIONS FREE OE CHARGE
Tamarac City Hall 3 carts
7525 N.W. 88th Avenue
Police Facility 3 carts
7515 N.W. 88th Avenue
Tamarac Public Services 3 carts
6001 Nob Hill Road
And any additional locations may be specified by the City Manager and approved by
CONTRACTOR.
4.9 PHONE BOQKS-- CONTRACTOR shall add phone books to sort 1 items for a
period not to exceed three (3) months per calendar year. CONTRACTOR shall
not be responsible for MRF processing costs assessed, if any. CONTRACTOR
agrees to assist CITY in pursuing grant funding for telephone book processing.
4.10 NON MNEORMING MATERIALS/CONTAMINATION:
(a) Whenever feasible, CONTRACTOR shall remove non -Recyclable Materials,
subject to ARTICLE 9 of this Agreement, entitled "Refusal to Pick-up". In multi-
family collection, CONTRACTOR will contact the complex manager requesting
future corrective action and notify CITY. In single family collection,
CONTRACTOR shall notify in writing the resident as to the need for corrective
action. -
(b) Items not acceptable at the MRF will continue to be considered contaminants.
When CONTRACTOR is apprised of contamination in a load or loads.
CONTRACTOR will immediately notify the administrator for CITY and
CONTRACTOR will remove contaminants from MRF.
(c) City shall not be responsible to CONTRACTOR for any disposal cost of
contaminated Recyclable Materials.
4.11 DELAY CAUSED B • In the event an
emergency, as defined in Chapter 252, Florida Statues, is declared by Broward
County or by CITY which causes an interruption of service, CONTRACTOR
shall notify CITY as soon as practicable of the service interruption, and the time
of anticipated restoration of service.
4.12 IMELEMENJAIMN QE SERVI!CES:CONTRACTOR shall perform
Recycling Collection Services as provided by this Agreement. The area and
9/1/94 7
number of units serviced shall not be reduced during the term hereof unless said
unit is no longer within the boundaries of CITY.
ARTICLE
Data Gathering
5.1 CONTRACTOR shall provide CITY with a monthly report (as described in
Exhibit "A") due by the loth of each month outlining weight of each sort
collected on a daily basis per route, daily number of drive bys, by route, daily
number of set outs, by route, adjusted weight and percentage of contamination,
and weight ticket numbers. Weight tickets and all records required shall be made
available for review upon request by CITY. Single family curbside and Multi-
family shall contain an estimate of weights of materials collected.
CITY shall provide CONTRACTOR a quarterly report within ten (10) days of
receipt from County which itemizes the amount of gross revenues paid to CITY
from the sale of recyclables itemized by sort.
In the event that materials are directed to a facility other than MRF and reports are
directed to the CONTRACTOR, the above obligation reverts to the
CONTRACTOR.
ARTICLE 6
Rates, Records, Billing
6.1 MULTI -FAMILY The price paid to CONTRACTOR shall be $.41 (Forty -One
Cents) per multi -family unit per month.
6.2 The price paid to CONTRACTOR shall be $.S 1 (Eighty -
One Cents) per single family unit per month.
6.3 • If this agreement is not
terminated as provided herein, on January 1 of each subsequent year hereof, the
rate shall be adjusted by the same percentage increase or decrease, if any, in the
Miami Urban Consumer Price Index (CPI) for the twelve (12) month period
ending the previous September 30.
6.4 RECQRDS: CONTRACTOR agrees to maintain, at his local office or principal
place of business within Broward County, adequate books and records relating to
the performance of its obligation under this Agreement.
(a) CITY shall remit to CONTRACTOR on a quarterly basis due within ten (10)
business days of receipt of payment from the County, fifty percent (50%) of the
gross revenues received by CITY from the sale of all recyclable material(s) from
the single family program and from the multi -family program.
(b) CITY shall pay to CONTRACTOR on a monthly basis, net within thirty (30)
days of receipt of an invoice from CONTRACTOR. In the multi -family program,
"units serviced" is defined to mean number of units in a multi -family complex
regardless of occupancy rate. In the single family program, "units serviced" is
defined to mean those single family units currently receiving a water bill from
CITY.
9/1/94 8
(c) New unit(s) shall be billed commencing the month a utility account was
opened with CITY.
(d) All amounts billed by CITY on behalf of CONTRACTOR for recycling shall
be segregated and accounted for in a proper liability account for CITY. CITY
shall remit to CONTRACTOR on a monthly basis the amount billed for recycling
collection services for the previous calendar month.
(e) All units required to participate as specified by applicable CITY ordinance are
required to use the recycling services of CONTRACTOR.
ARTICLE 7
Processing Center Facility
7.1 CONTRACTOR shall transport all collected Recyclable Materials to a Processing
Center Facility located within an estimated 15 miles from the Mid -Point of
Service Area. CITY shall retain the right to direct all Recyclable Materials to any
Processing Center Facility or Materials Recovery Facility designated by CITY, or
to any combination of said Processing Center Facility and Materials Recovery
Facility. Should CITY direct CONTRACTOR to a Processing Center Facility or
a Materials Recovery Facility more than 15 miles, but less than 30 miles from the
Mid -Point of Service Area, and CONTRACTOR can produce evidence of an
increase in Contractor's costs directly related to the increased distance, CITY shall
reopen this Agreement solely for the purpose of renegotiating the rate paid per
unit per month. The parties agree to negotiate for a period of sixty (60) days. If at
the end of sixty (60) days no Agreement has been reached, CITY has the
discretion to seek other bids or proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or 120 days from notice to CONTRACTOR to
direct Recyclable Materials to a facility beyond 15 miles from mid -point of
service area. In such event, CONTRACTOR may terminate this Agreement.
ARTICLE S
Ownership, Transportation And Sale
Of Recyclable Materials
8.1 CONTRACTOR shall transport all collected Recyclable Materials to the MRF.
CONTRACTOR shall take possession to the Recyclable Materials upon pick-up
from residents and shall be responsible for the safe delivery of said materials to
the MRF. All of the proceeds from the sale of Recyclable Materials shall be
shared between CONTRACTOR and CITY according to the terms of ARTICLE
6.S(a).
In the event there are no revenues from the sale of all Recyclable Materials for a
period of ten (10) days, CONTRACTOR shall immediately notify CITY and shall
present to CITY documentation, verifiable by CITY, that the designated
Processing Center Facility provided no revenue to CONTRACTOR for the
delivery and sale of Recyclable Materials for the preceding ten (10) days.
Upon receipt of sufficient documentation (verifiable by CITY) from
CONTRACTOR, CITY shall review same and determine whether CITY concurs
9/1/94
with Contractor's assertion that no revenues have been generated from the
delivery and sale of all Recyclable Materials. CITY shall within five (5) working
days of receipt of sufficient documentation (verifiable by CITY) direct
CONTRACTOR to an alternate Processing Center Facility or MRF which
provides revenue for the delivery and sale of Recyclable Materials.
CONTRACTOR agrees to assist City in locating an alternate Processing Facility.
Should CITY be unable to locate a Facility which so provides revenue, CITY and
CONTRACTOR shall reopen this Agreement solely for the purpose of
renegotiating the rate paid per unit per month. In that event, CITY agrees to
negotiate for a period of sixty (60) days. If at the end of sixty (60) days no
Agreement has been reached, CITY has the discretion to seek other bids or
proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or materials have been directed to an alternate
Processing Center Facility or MRF which provides revenue. In the event no
alternate Processing Center or MRF is designated or Agreement is secured,
CONTRACTOR may terminate this Agreement 120 days from the date of receipt
by CITY of sufficient documentation (verifiable by CITY) as submitted by
CONTRACTOR.
In the event the Processing Center Facility fails to accept Recyclable Materials it
shall be the responsibility of CONTRACTOR to provide the means to ultimately
recycle all Recyclable Materials and not dispose of same at a landfill or a
Resource Recovery Facility. In said event, CITY agrees to reimburse
CONTRACTOR for any additional direct cost incurred by CONTRACTOR to
recycle Recyclable Materials, limited to increased cost of transportation and/or
direct payments to a Processing Center Facility or MRF.
After expiration of 5 days storage by CONTRACTOR, CITY agrees to reimburse
CONTRACTOR for actual costs incurred due to the storage of materials or other
methods of disposing of the Recyclable Materials. There shall be no payment for
an increase in transportation costs should the Recyclable Materials be taken to the
designated Processing Center Facility or designated MRF, except pursuant to
ARTICLE-7 herein, entitled "Processing Center Facility".
ARTICLE .9.-.
Refusal To Pick -Up
9.1 The first time a resident does not properly segregate said materials,
CONTRACTOR shall pick-up Recyclable Materials as described in ARTICLE
4.12 of this Agreement. In addition, CONTRACTOR will issue a written notice
to the resident which contains instructions for the proper segregation of
Recyclable Materials. The second time the same resident does not properly
segregate the materials, CONTRACTOR can refuse to make a pick-up. At the
time of refusal to make the pick-up CONTRACTOR shall issue a notice to the
resident which contains instructions for the proper segregation of Recyclable
Materials. It shall not be required for CONTRACTOR to issue a subsequent
notice to the resident for any further infractions after the second occurrence.
Further incidents of non-compliance by a resident shall be reported to CITY.
9ivs, 10
ARTICLE 10
Contractor's Local Office
10.1 OFFICE/MANAGING AGENT: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County. CITY and CONTRACTOR designates .he agent
as specified in Article 16.17 as the agent upon whom all notices may be served.
Service upon CONTRACTOR'S agent shall always constitute service upon
CONTRACTOR.
10.2 HOURS: CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
8:00 A.M. to 5:00 P.M., local time, Monday through Friday.
10.3 STAFFING: CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, record all complaints, and resolve all legitimate complaints as outlined in
Article 11.2 in an expeditious manner by the end of the next business day.
ARTICLE 11
Contractor's Relation to City
11.1 INDEPENDENT, CONTRACTOR: The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -agent or
employer -employee relationship between the parties is created by this agreement.
By entering into this agreement with CITY, CONTRACTOR acknowledges that it
will, in the performance of its duties under this agreement, be acting as an
independent CONTRACTOR and that no officer, agent or employee of
CONTRACTOR will be for any purpose an employee of the City of Tamarac and
that no officer, agent or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
11.2 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 the service, CONTRACTOR shall arrange the handling of complaints
in substantially the following manner; all legitimate complaints, whether received
in person, by mail or by telephone, shall be received by CONTRACTOR.
Complaints received after 12:00 noon shall be serviced before 12:00 noon on the
following calendar day. CONTRACTOR shall be available at CITY'S request to
inform action taken on complaints. Legitimacy of challenged complaints may, at
the option of CITY, be determined on the basis of a joint inspection by a
representative of CITY and a representative of CONTRACTOR.
11.3 DISCRIMINATION PROHIBITED AFFIRMATIVE ACTION:
CONTRACTOR, in the execution, performance, or attempted performance of this
agreement, shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin, handicap or marital status.
CONTRACTOR'S employees or applicants for employment (as provided in Title
9/1/94
VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilities Act of 1992), understand and agree that this agreement is
conditioned upon the veracity of this Statement of Assurance. CONTRACTOR
herein assures CITY that said CONTRACTOR will comply with Title VI of the
Civil Rights Act of 1964 when federal grants are involved. Other applicable
Federal and State laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are included by this reference thereto.
This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans
and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
ENU
fr��1�J i.1L�1i1
(a) CONTRACTOR shall at its sole cost and expense, except as otherwise
provided herein, furnish all labor and equipment required to perform curbside
collection of Recyclable Materials pursuant to this Agreement.
(b) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CITY and shall give the name or names to CITY; information
regarding experience shall also be furnished.
(c) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(d) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.
(e) CONTRACTOR shall provide operating and safety training for all
personnel.
(f) No person shall be denied employment by CONTRACTOR for reasons of
race, creed, sex or religion.
FFW�_ IIi�-Tu 1.ni
.. . _ ► J. _.:1 f60_
CITY shall provide one (1) collection vehicle for use in this Agreement.
Additional vehicles or replacement vehicles shall be provided by CONTRACTOR
as needed. Vehicles shall be leased to CONTRACTOR for $1.00 per year. Any
additional vehicles which CITY may provide to CONTRACTOR shall be subject
to the same lease terms. Maintenance shall be the responsibility of
CONTRACTOR. In the event of equipment failure, responsibility for temporary
replacement is with CONTRACTOR.
In the event this Agreement is terminated as provided for herein, the lease
Agreement for the vehicles referenced in ARTICLE 11.5(A) above shall be
automatically terminated and the vehicles shall be immediately redelivered to
CITY.
CITY agrees to lease to CONTRACTOR the truck vehicle described in Exhibit
" S", attached.
9/1/94 12
CITY shall remain the owner of the recycling truck. CONTRACTOR shall
acquire no right, title or other interest in or to the vehicle other than that of a
bailee for hire.
1, Maintenance Schedule:
CONTRACTOR agrees as its own expense, provide suitable and adequate garage
space and shall maintain this truck and any vehicle which may be substituted for
the truck as provided below in good repair, mechanical condition and running
order. CONTRACTOR shall use as a guide the maintenance program prescribed
in the Owner's Manual and shall perform all preventative maintenance required to
insure full validation of any manufacturer's warranty. In addition,
CONTRACTOR agrees to maintain a written maintenance log of vehicle on the
forms provided by CITY and provide written copies to the City Manager on a
monthly basis. ( See Exhibit "C")
CONTRACTOR agrees, at its own expense, to furnish all necessary tires, tubes,
and parts for the vehicle and with all necessary repair parts or substitute parts to
replace may part which becomes worn, broken or otherwise incapable of efficient
operation as long as the replacement parts are readily available from a normal
parts distribution network. If replacement parts are not readily available,
contractor shall continue to service program.
CONTRACTOR shall furnish a temporary replacement vehicle to replace any
truck which becomes incapable of proper operation and which cannot be repaired
or restore to good running order within two (2) days. Any such vehicle, while in
the service of the CONTRACTOR, shall be subject to all of the terms and
conditions of this agreement.
CONTRACTOR shall maintain in force at his own expense, insurance as
specified in Article 15 and any additional insurance required by CITY for the
purpose of the lease vehicle.
2. Notice:
CONTRACTOR agrees to notify CITY representative of any major repairs or
issues involving CITY vehicle.
In addition to lease vehicle CONTRACTOR shall supply all equipment necessary
to provide the services in this Agreement. CONTRACTOR shall establish a
regular preventative maintenance program for all equipment and shall maintain
records of preventative maintenance and other maintenance repairs to the
equipment as specified in Exhibit "D". CONTRACTOR shall be responsible for
initiating, maintaining and supervising all maintenance programs, safety
precautions and programs, in connection with the work and services performed
hereunder. CONTRACTOR shall establish reasonable procedures and programs
to prevent property loss or damage and/or personal injury to persons, including,
but not limited to, employees performing such work and all other persons who
may be affected hereby.
CONTRACTOR shall comply with all Federal, State, and Local rules and
regulations when conducting operations pursuant to this agreement.
9/1/94 13
CONTRACTOR shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations in the ownership, title, maintenance,
or operation of the equipment and such files and records shall be available upon
reasonable notice for review by CITY.
11.6 V : All vehicles and equipment used by
CONTRACTOR for the collection of residential recyclable materials shall be
clearly marked with the CONTRACTOR'S name and telephone number in letters
of a size sufficient to reasonably identify the vehicle, but not less than five i5)
inches in height. CONTRACTOR shall also assign to each of its vehicles an
identifying number and shall mark the same upon said vehicles in figures not less
than five (5) inches in height.
Evaluation and Monitoring
12.1 alrjHl 10 INSPECTION: CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis.
12.2 - : In the event
CONTRACTOR shall fail to perform any of the material provisions of this
Agreement, CITY shall provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts relating thereto. If the practice, event or
condition is not reformed, corrected or otherwise made to comply with the terms
of this Agreement within a period of time which is reasonable in relation to the
nature of the practice, event or condition of non-compliance, but in no event more
than ten (10) days from the date of the receipt of notice of violation unless the
non-compliance cannot be cured within ten (10) days, then within a reasonable
time using best efforts and CONTRACTOR shall notify CITY of those efforts.,
the same shall constitute an Act of Non -Compliance.
(a) Subject to the procedures in Article 13, CITY reserves the right to terminate
the Agreement at any time whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the written notice within
fourteen (14) days of the receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and apply the proceeds to the cost of
service charged to CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or any other similar labor dispute
which makes performance of this Agreement by CONTRACTOR substantially
impossible, CONTRACTOR agrees that CITY shall have the right to call the
Surety Bond and temporarily engage another firm to provide necessary service.
12.4 PERFORMANCE BOND: CONTRACTOR shall furnish to CITY a
Performance Bond, Letter of Credit or cash bond guaranteeing the faithful
performance of this Agreement specified herein as Exhibit "E". The security shall
be in the form acceptable to the City Attorney and shall be for the term of this
Agreement and in an amount equal to One Hundred Thousand ($100,000) Dollars.
The security shall be furnished to CITY by CONTRACTOR within ten (10) days
gni94 14
of the date of execution or 10 days prior to commencement of this Agreement or
any renewal thereof. Without limiting any other indemnity provisions herein,
such security shall indemnify CITY against any loss, expense, cost or damage
resulting from any default by CONTRACTOR hereafter or any failure of
performance by CONTRACTOR. The City Attorney is hereby delegated the
authority to approve the form of the security. The Finance Director has authority
to approve the financial capabilities of the Surety to perform. Upon completion of
this Agreement in compliance with all terms and conditions hereof,
CONTRACTOR shall be entitled to the return of any Cash Bond on Deposit with
CITY within ten (10) business days.
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall CITY be liable or responsible
to CONTRACTOR or to any other person on account of any stoppage or delay in
the work herein provided for, by injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any delay for any cause for
which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays or non-performance of
the terms and provisions of this agreement where such delays or non-performance
are caused by events or circumstances over which CONTRACTOR has no
control, including riots, civil disturbances, or acts of God; provided, however, that
in the event of any such non-performance or delay resulting from events or
circumstances beyond the control of CONTRACTOR, CONTRACTOR shall not
be entitled to compensation for such period of time as a delay or non-performance
shall continue.
Default of Agreement
13.1 DEEAULT OE_CONTRACT..: If, in the opinion of the City Manager, there has
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within
fourteen (14) calendar days CONTRACTOR has cured the default, then no other
remedy for that particular default shall be permitted to the City. However, if,
within fourteen (14) calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this Agreement, City Attorney shall notify
City Council and CONTRACTOR, and a hearing shall be set for a date within
fifteen (15) days of such notice. On that day City Council shall hear
CONTRACTOR and CITY'S representatives and shall make a detet7rtination as to
whether or not it has been a breach and shall direct what further action shall be
taken by CITY, as hereinafter provided. Pending Resolution of the alleged
breach, CONTRACTOR shall be governed by the provisions of ARTICLE 13.4.
13.2 12EFAULT: Default by CONTRACTOR shall occur if CONTRACTOR fails to
observe or perform a material portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services under this Agreement
in the event of default by CONTRACTOR and the failure by CONTRACTOR to
cure such default after receiving notice hereof. Should default occur, CITY may
deliver a written notice to CONTRACTOR describing such default and the
9A /9, 15
J
proposed date of termination. Such date may not be earlier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, prior to the proposed date of
termination, CONTRACTOR cures such default then the proposed terminatiol
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed date of termination, then CITY may terminate CONTRACTOR'S
performance under this Agreement as of such date.
13.3 : Upon the effective date of termination as
contained in the above notice referenced in ARTICLE 13.1 of this Agreement,
CONTRACTOR shall, unless the notice directs otherwise, immediately
discontinue all service in connection with this Agreement and shall proceed to
cancel promptly all existing orders chargeable to this Agreement. Within ten (10)
days of receipt of notice of termination, CONTRACTOR shall submit to CITY
monthly reports and revenues required under this Agreement to the day of
termination.
13.4 REMEDIES: In addition to, or in lieu of, the termination procedure set above in
ARTICLE 13.3 of this Agreement, CITY may take any or all of the following
actions in the events of a default by CONTRACTOR;
(a) If CITY determines, and notifies CONTRACTOR, that such default poses
an immediate threat to the health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such default within twenty four
(24) hours after receiving such notice, CITY shall have the right to perform or
cause to be performed all or part of the work necessary to cure such default. In
the event that CITY performs such work, or causes it to be performed,
CONTRACTOR shall bear the cost of such work, and if necessary, shall
reimburse CITY for the cost thereof. CITY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
(b) CITY may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, expenses or liabilities that CITY has
incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article 12.2 non-compliance by
CONTRACTOR in this Agreement.
13.5 • In the event the
Processing Center Facility charges a fee to accept Recyclable Materials as
specified herein, CONTRACTOR shall notify CITY in writing by certified mail,
return receipt requested within fifteen (15) days, at which time CITY may elect:
(a)(1) To reimburse CONTRACTOR for the actual fee(s) charged by the
Processing Center Facility to accept Recyclable Materials as specified herein.
(a)(2) To reimburse CONTRACTOR for actual costs incurred due to the storage
of materials or other methods of disposing of the. Recyclable Materials.
(b) CITY reserves the right to direct CONTRACTOR to deliver Recyclable
Materials to any Processing Center Facility, to any Materials Recovery Facility, or
to store or otherwise dispose of Recyclable Materials; and to reimburse
CONTRACTOR as set forth in ARTICLE 8.
9/t/94 16
(c) CITY may elect to terminate this Agreement based on the foregoing, and
CONTRACTOR shall be paid for services rendered through the termination date.
ARTICLE 14
Indemnification
CLAIMS AQAINST CITY INDEMNIEICATION BY CONTRACTO&
CONTRACTOR hereby assumes risk of loss and/or injury to property and/or persons
arising directly or indirectly from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees
from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but
not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or
injury, or claims, loss or injury arising as a result of awarding this bid to CONTRACTOR.
Without limiting the foregoing, the indemnity provided herein shall specifically include any
claim against CITY arising out of Contractor's performance of this Agreement arising out of any
Environmental Law (as herein defined). This indemnification shall continue beyond the term of
this Agreement for claims arising as a result of this Agreement. CITY shall notify
CONTRACTOR of such claims, liabilities, demands and suits no later than sixty (60) days after
City's receipt of a claim.
ARTICLE 15
Insurance
15.1 GENERAL: CONTRACTOR shall not commence work under this Agreement
until it has obtained all the insurance required under this Agreement, and such
insurance has been approved by the City. CONTRACTOR shall be responsible
for delivering to CITY the Certificate of Insurance for approval. CONTRACTOR
shall name the City of Tamarac as an additional named insured on the Certificate
of Insurance. CONTRACTOR'S insurance policies shall be primary to any
insurance policies carried by the City. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as Exhibit " E ". All insurance
policies shall be issued by companies duly licensed to write business insurance
policies in the State of Florida and rated -A- or better by A.M. Best's Key Rating
Guide. Further, CITY shall be named as an additional named insured on all
insurance policies (except Workers' Compensation). Certificates of each policy,
together with a statement by the issuing company to the extent that said policy
shall not be canceled without thirty (30) days prior written notice received by
CITY, and shall be delivered to CITY for review and approval. Insurance
coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of CONTRACTOR under
the terms of this Agreement. CONTRACTOR shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the completion of its
work.
15.2 l,'QMPENSATION INSUBANCE: CONTRACTOR shall maintain, during the
term of this Agreement and any renewals, Worker's Compensation Insurance on
all of its employees to be engaged in work under this Agreement, and shall require
the same from any subcontractors used. In the event that any class of employees
engaged in hazardous work pursuant to this Agreement is not protected under the
Workers' Compensation Statute, CONTRACTOR shall provide adequate
employer's liability insurance for the protection of employees not so protected.
9/1/94 17
15.3 COMME CIAL._( R IV INSURANCE:
CONTRACTOR shall procure and shall maintain during the term of this
CONTRACT and any renewals Public Liability and Property Damage Insurance
in an amount not less than $1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
Coverage A shall include premises, operations, products and completed
operations, independent contractors, contractual liability covering this agreement
or contract, and broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of Commercial General Liability
must be provided.
Garage keeper's legal liability insurance, comprehensive form, with limits not less
than $300,000 each occurrence and any deductible not to exceed $5,000.
15.4 AUTUMOBILE INSURANCE: CONTRACTOR shall procure and maintain,
during the term of this Agreement and renewals, Comprehensive Automobile
Liability Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death, and property damage (automobile).
15.5 EXCESS UMBRELLA LIABILITY: CONTRACTOR shall procure and
maintain, during the term of this Agreement and any renewals, Excess Umbrella
Liability Insurance in an amount not less than $1,000,000 coverage in excess of
Automobile and Bodily Injury/Property Damage coverage's.
15.6 SCOPE OF N.E.: The insurance required under the above paragraphs
shall provide adequate protection for CONTRACTOR against damage claims
which may arise from operations under this Agreement, whether such operations
be by the insured or by anyone directly or indirectly employed by the insured.
CITY shall be named an additional insured on all of CONTRACTOR'S insurance
policies provided for herein.
15.7 : The insurance and
bonding companies with whom CONTRACTOR'S insurance and performance
bonds are written shall be licensed to do business in the State of Florida and shall
be represented by an agent or agents having an office located in the State of
Florida. Each such agent shall be duly qualified, upon whom service of process
may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with CITY, or any other claimant,
or any property owner who has been damaged, may have against
CONTRACTOR, insurance, and/or bonding company. The name of the agent or
agents shall be set forth on all such bonds and certificates of insurance.
CONTRACTOR shall keep the required insurance in full force and effect at all
times during the term of this CONTRACT, and any renewals thereof prior to the
commencement of this Agreement.
CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form and
approved by CITY, evidencing CONTRACTOR has obtained the required
insurance coverage. At the request of CITY the original policy shall be provided
9/1/94 18
for inspection. All policies must provide that they may not be changed or
cancelled by the insurer in less than thirty (30) days after CITY has received
written notice of such change or cancellation. Such insurance amounts may be
reviewed upward at CITY'S request, and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
A
Miscellaneous Provisions
16.1 V This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
16.2 TIME IS OF THE ESSENCE: Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
16.3 RIGH1 TQ REOIJIRE EERFORMANCE: The failure of CITY, at any time,
to require performance by CONTRACTOR of any provisions herein shall in no
way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
16.4 FORCE MAJEURE: Neither CONTRACTOR nor CITY shall be liable for the
failure to perform its duties if such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other similar or different contingency
beyond the reasonable control of CONTRACTOR.
16.5 PRIOR CONTRACJS: This Agreement supersedes and replaces all terms
related to single-family and family recycling service in the Agreement between
The Joint Group Cities (Tamarac as signator) and All Service Refuse Company,
Inc. dated November 29, 1993 and The Joint Group Cities (Tamarac as signator)
and Southern Sanitation, a division of Waste Management, Inc. dated December
18, 1989 and effective immediately, which agreement, upon the commencement
date of this- agreement shall be null and void and of no further force and effect.
16.6 : This agreement shall not be considered
fully executed or binding or effective on CITY until the same shall be approved
and accepted by the City Council of the City of Tamarac in an open meeting as
required by law and executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy
of the Ordinance as evidence of the authority of the person authorized to bind
CITY to the terms, covenants and provisions of this agreement and to perform the
same in accordance herewith.
16.7 COMPLIANCE WITH LAWS: CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply with all laws, federal, state
and local. It is agreed and understood that, if CITY calls the attention of
CONTRACTOR to any such violations on the part of CONTRACTOR, its
officers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
9/1/94 19
16.8 RIGHT TQ P E : CITY shall have the right to conduct
periodic public meetings, to review and consider the performance of
CONTRACTOR regarding its compliance with the material terms of the
franchise, any amendments desired by CONTRACTOR, the need for any future
new services, and potential amendments to the franchise reflecting service
requirement changes based on advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be available to attend all
public meetings upon reasonable notice by CITY for concerns associated with the
Agreement.
16.9 CHANGES IN LAW: Should the State of Florida, City, County, United States
or Federal agency, or any State or Federal Court, or any agency thereof require
either Broward County, City of Tamarac, or CONTRACTOR to act in a manner
which, affects or is inconsistent with any provisions of this Agreement, CITY
shall be authorized to determine whether a material provision is affected in
relation to the rights and benefits conferred by this Agreement. Upon such
determination, CITY and CONTRACTOR shall negotiate in good faith to modify
or amend the franchise to such extent as may be necessary to carry out the full
intent and purposes thereof in relation to the rights and benefits of CITY, or the
public.
16.10 TRANSEER ABILUX OF CQNTBACT: No assignment of this agreement or
any right accruing under this agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such consent of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
16.11 : This agreement shall be effective upon the execution of
this agreement and performance of this agreement shall begin on the
commencement date set forth herein.
16.12 : CONTRACTOR shall obtain all licenses and
permits (other than the license and permit granted by CONTRACTOR) and
promptly pay all taxes required by CITY.
16.13 P : The paragraph headings contained herein are for
convenience and reference and are not intended to define or limit the scope of any
provision of this agreement.
16.14 ENTIRE CQNTRACI:This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
16.15 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
16.16 NOTICU: Notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually received,
when deposited in the United States Mail, postage prepaid, certified mail, return
receipt requested, addressed to the respective party at the address set forth below:
9/1/94 20
CITY:
City Manager
designated agent for the
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305)724-1230
With a copy to:
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 724-1240
CONTRACTOR:
Harold Carter
Designated Agent For
All Service Refuse Company, Inc.
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305)583-1830
With a cgpy tp:
Mr. Harris W. Hudson
c/o Hudson Management Corp.
200 E. Las Olas Blvd., Suite 1420
Ft. Lauderdale, FL 33301
(305) 761-8333
CONTRACTOR may change the address and/or agent upon written notice as
above.
16.17 ENFORCEMENT: The legal fees and other expenses of the prevailing party to
any litigation or dispute arising out of this agreement will be paid by the other
Party-
16.1$ ADDENDLIMS AND ATTA.CHMENVEXHIDITS: The provisions of the
foregoing Articles 1 through 16, together with the following Exhibits A through
F, are intended by the undersigned parties to and shall constitute a binding
agreement between them. All Exhibits A, B, C, D,E and F are incorporated
herewith and fully set forth.
16.19 SEVERABILITY AND UNENFORCEABLE PROVISIONS: If any part,
ARTICLE, sub -article, or other portion of this agreement is declared void,
unconstitutional, or invalid for any reason, such part, article, sub -article, or other
portion, or the prescribed application thereof, shall be severable, and the
remaining -provisions of this agreement, and all applications thereof not having
been declared void, unconstitutional, or invalid shall remain in full force and
affect. CITY and CONTRACTOR declare that no invalid or prescribed provision
or application was an inducement to the execution of this agreement, and that they
would have executed this agreement, regardless of the invalid or prescribed
provision or application.
16.20 GOOD FAITH: CITY and CONTRACTOR agree to continue to work together
in good faith and to coordinate their efforts to maintain and improve the level and
quality of residential collection service.
16.21 MUTUAL CONSENT: Both parties to this Agreement have had full opportunity
to review and draft this Agreement. Further, both parties have had full
opportunity to review this Agreement with their respective legal counsel. Both
parties have had an opportunity to participate in the finalization of this Agreement
and all provisions have been agreed to by mutual consent.
9/1/94 21
16.22 N N.wAivEg OFIDWERS: This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly reserves the right to make all
regulations which may be necessary or proper to secure the safety, welfare and
accommodation of the public, including, but not limited to, the right to adopt and
enforce regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation of
Recycling services detailed herein. Nothing herein contained shall constitute a
waiver of any of the requirements of the rules and regulations adopted by CITY,
including the right to make such changes and amendments to said rules and
regulations as said CITY may deem to be advisable and necessary to protect the
public health and general welfare of its inhabitants.
22
9/1/9♦
This Agreement shall be effective this the day of 1� �` ``� �-' , 1994, with the
Commencement Date of December 19. 1994.
ATTEST:
By: -
Carol A. Evans
City Clerk
T ITY OF TA RAC, FLORID
By:
jayor Norman Abramowitz
Date: G''� `f 9 `f
By I `�✓! -� n
Robert S. Noe, Jr.
City Manager
Date:2�Ev-- t/ t / `/ y
City Attorney
9/,i94 23
STATE OF FLORIDA
:SS
COUNTY OF-tWC C14 �ZD
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
'i: 6 2r v�. F. _: � I�to me known to be the person(s) described in and who exe,-u,2i the
foregoing instrument and _ l' acknowledged before me that executed the same.
•l
WITNESS my hand and official seal this `� day of ��-�`-k'ti, 1994.
NOTARY PUBLIC, State of -
Florida at Large NOTARM PUBLIC STATE OF FLORIDA
MY C0144ISSION EXP. NOY. M994
C i,:)-' l 0 60NOED THRU GENERAL. INS. UNO,
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
( V) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or ( /) DID NOT take an oath.
9/,/9, 24
ATTEST:
By:
Corporate Secretary
A
(Corporate Seal)
STATE OF FLORIDA
:SS
COUNTY OF-,----,,', - t �—
CORPORATION:
,',LPresident
Of:rw�r
Contractor
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to,tne 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
NOTARY PUBLIC, State of
Florida at Large
(N f No Public•
day of 1994.
Print, Stamp, or Type as -: JOANNE T. ELLIOTTCommissioned) A M + cUNISSM 0 cc 3=4
•_ oMRES: May 21.1We _
( LrPersonally known to me, or ---_-
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (`'} DID NOT take an oath.
9/1 /94 25
Temp Ord 2079
Exhibit 2
Addendum to October 4, 1994 Agreement
Between the City, of Tamarac
And
All Service Refuse Company, Inc.
For Furnishing Residential Recycling_ 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
Y 33321 (hereinafter "CITY") and -All Service Refuse Company, Inc., a Florida corporation
with principal offices located at 825 NW 31 Avenue, Fort Lauderdale, Florida 33311
(hereinafter "CONTRACTOR") is made and entered into this � 6 day of November
1997.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of residential recycling collection in the City of
Tamarac; and
WHEREAS, Paragraph 3.3 of the Agreement between CONTRACTOR and the
CITY provides for an option to extend the term of the Agreement for a Two Year Period
of Time; and
WHEREAS, extending the term of the Agreement shall allow for concurrent terms
of solid waste and recycling contracts and the new term shall begin on December 19,
1997; and
WHEREAS, the CITY chooses to exercise its option to extend the term of the
Agreement with CONTRACTOR to December 31, 1999;
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows:
1. The parties agree that the foregoing recitals are true and correct and
incorporated herein by this reference.
2. The terms of the Agreement between CITY and CONTRACTOR entered
into on October 4, 1994 are hereby extended for a period of two (2) years, beginning on
December 19, 1997 and ending December 31, 1999.
3. The October 4, 1994, Agreement between CITY and CONTRACTOR and
all subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums remain in full force and effect. Failure to
specifically delineate any prior terms or conditions in this addendum does not operate to
relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive
any rights contained therein.
4. The effective date of this Addendum to the Agreement shall be the date of
execution by the last party to sign.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the October 4, 1994, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and All Service Refuse
Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to
execute same.
ATTEST:
Carol Evans, City Clerk
Date: November 26 1997
r
CITY F TA l RAC
By:�-
Jo Schreiber, Mayor
DATE: November 26, 1997
l '-t S . n'
Robert S. Noe, Jr., City mans er
Date: November 26, 1997
Apprgved as form a d legal
suffic' nc
Mi hell t. KraC ty Attorney
6
ATTEST:
Co ate Secretary
James 0. Cole
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
CONTRACTOR
All Service Refuse Company, Inc.
A Florida Corporation
'7
By:
Harold Carter, Vice -President
Date:_ / (/�^Z� �7
Before me personally appeared ;92miJ Car-kr- , to me well known and
known to me to be the person described in and who executed the foregoing instrument,
and acknowledged to and before me that he/she executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal, this /,,," day of t1er'n bP—r 1997.
11 °vs SHE -RI USREY
EVIRE9 JUL 25, Z)W
My Commission Expires: 3'))� 25-�
Personally known (J )
Produced Identification
Did id Not ake an oath (
Notary Public, State 61
Florida At Large
Print or Type Name o N tary
W
Temp Ord 2079
Exhibit 3
Addendum to October 4, 1994 Agreement
Between the City of Tamarac
And
All Service Refuse Company, Inc.
For Furnishing Residential Recycling Collection
This Addendum to the Agreement between the City of Tamarac, a municipal
corporation with principal offices located at 7525 NW gg Avenue, Tamarac, Florida
33321 (hereinafter "CITY") and All Service Refuse Company, Inc., a Florida corporation
with principal offices located at 751 NW 31 Avenue, Fort Lauderdale, Florida 33311
(hereinafter "CONTRACTOR") is made and entered into this °"h
2000. day of �
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of residential recycling collection in the City of
Tamarac; and
WHEREAS, Paragraph 3.3 of the Agreement between CONTRACTOR and the
CITY provides for renewal for a five (5) year period of time; and
WHEREAS, Paragraph 6.1 & 6.2 of the Agreement between CONTRACTOR and
the CITY shall reflect current prices; and
WHEREAS, Paragraph 6.3 of the Agreement between CONTRACTOR and the
CITY requires the twelve (12) month period to be changed to reflect current reported
period of the Miami Urban Consumer Price Index (CPI); and
WHEREAS, the CITY chooses to renew the term of the Agreement with
CONTRACTOR until March 31, 2005,
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows:
1. Article 3, Term is amended as follows:
Arty Term
§3.1 Contract Term
The term of this agreement shall begin at 12:01 a.m. on December 19, 1994 and
shall expire on March 31, 2005 IR9Z.
1
.-0
2. Article 6 , Rates, Records, Billing, §6.1 Multi -Family, §6.2 Single -Family, and
10 §6.3 Consumer Price Index (CPI) Adjustment are amended to read as follows:
Article 6 Rates Records Billing
§6.1 Multi -Family:
The price paid to CONTRACTOR shall be $0.44 (forty-four cents) $ 41
4cOy-one rents) per multi -family unit per month.
§6.2 Single -Family -
The price paid to CONTRACTOR shall be $0.87 (eighty-seven cents) $ $1
(eighty-nne rants) per single-family unit per month.
§6.3 Consumer Price Index (CPI) Adjustment:
If this agreement is not terminated as provided herein, January of each
subsequent year hereof, the rate shall be adjusted by the same percentage
increase or decrease, if any, in the Miami Urban Consumer Index (CPI) for the
twelve (12) month period ending the previous June 30Septemhex an.
3. The October 4, 1994, Agreement between CITY and CONTRACTOR and all
subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums remain in full force and effect. Failure to
specifically delineate any prior terms or conditions in this addendum does not operate to
relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive
any rights contained therein.
4. The effective date of this Addendum to the Agreement shall be the 15t day of
April 2000.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the October 4, 1994, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and All Service Refuse
Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to
execute same.
2
17
ATTEST:
arol old, M /
City Clerk
Date: *7_
pprov as form al
suffic'
Mitchell S. Kraft
City Attorney
CITY OF TAMARAC
By: ' /- / G�
uJoe Sc�ireiber
Mayor
DATE.
r L. Miller
City
Manager
Date: /� _�
ATTES
Car ate Secretary
-Z>vl d /4. ,8446,I
Type name of Corporate Secr ary
(CORPORATE SEAL)
C•I01'H7TI �_ KV
All Service Refuse Company, Inc.
A Florida Corporation
B 2 Y:
arold Carter, Vice -President
Date: , L, . ,3 02-# o O
STATE OF FLORIDA
COUNTY OF BROWARD
40 Before me personally appeared//-d CaL,7444 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.
dad.
WITNESS my hand and official seal, this 3,L�y of „ A.18
My Commission Expires:
Personally known
Produced Identification
Did/Did Not take an oath (
F:
.Florida At Large
/p Qsba �r_Ar E
Print or Type Name of Notary
FC@`A1
SU".:.i: R OSBORNE
EX).2/19/2003
804042
CI
DATE
ACORDCERTIFICATE OF LIABILITY INSURANCE pa.e 1 of 2 1 11/03/2004
PRODUCER 877 ',945-7378 .::., THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Willis North America, Inc. "Regional Cert Centre . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
26 Century Blvd. a "t;' ' ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. 0. Box 305191
Nashville, TN 372305191 1 i INSURERS AFFORDING COVERAGE
INSURED [ i r'•
Republic Services of Florida ,LP • ;.;' ' „ , -_•
d/b/a All Service Refuse
751 N.W. 31st Avenue
Ft. Lauderdale, FL 33311
I1nVF0Af_1=C
INSURERA, ACE American Insurance Company 22667-007
INSURERS: American Alternative Insurance Corporatio 19720-001
INSURERC: Indemnity Insurance Company of North Amer 43575-091
INSURER D: - A /. ,/. I% I --I
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 HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
TYPE OF INSURANCE
POLICY NUMBER
POLICY t?FFECTIVE
POLICY EXPIRATION
LIMITS
A
GENERAL LIABILITY
$ COMMERCIAL GENERAL LIABILITY
CLAIMS MADE T OCCUR
EDOG21707818
11/1/2004
ll/1/2005
EACH OCCURRENCE
S 3,000,000
FIRE DAMAGE (Any one Tire)
S 3,000,000
MED EXP (Anyone person)
$ 10,000
PERSONAL & ADV INJURY
$ 3,000,000
GENERAL AGGREGATE
$ 3,000,000
GEN'L AGGREGATE LIMIT APPLIES PER:
PRO LOC
POLICY Ll
PRODUCTS - COMP/OP AGG
$ 3,000,000
•
AUTOMOBILE
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTO$
NON•OWNEDAUTOS
ISAH0784296A
11/1/2004
ll/1/2005
COMBINED SINGLE LIMIT
(Ea accident)
$ 3,000,000
BODILY INJURY
(Per person)
$
X
BODILY INJURY
(Per accident)
S
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE UABILITY
ANY AUTO
AUTO ONLY -EA ACCIDENT
S
OTHER THAN EA ACC
AUTOONLY: AGG
S
$
B
EXCESS LIABILITY
X OCCUR El CLAIMS MADE
DEDUCTIBLE
RETENTION S
OlA2UN000022006
11/1/2004
11/1/2005
EACHOCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
$
$
$
C
C
WORKERS COMPENSATION AND
WORKSEMPLOE COMPENSATION
partners/Executives
are Included.
WLRC44170942
SCFC44171077
11/1/2004
11/1/2004
11/1/2005
11/1/2005
WC STATU• OTH-
XLIMITS
E.L. EACH ACCIDENT
$ 3,000,000
E.L. DISEASE• EA EMPLOYEE
$ 3,000,000
E.L. DISEASE -POLICY LIMIT
$ 3,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
It is agreed that the Certificate Holder is included as Additional Insured as respects the General
Liability if required by written contract.
{..CFI I IrII,.A I C 1'TULUtI'tt ADDITIONAL INSURED; INSURER LETTER: GANGLLLA I IUN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 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
City of Tamarac REPRESENTATIVES.
7525 NW 88th Avenue AUTH RIZEDREPRESENTA E
Tamarac, FL 33321 , n l
AUUKUzd-5(inii) Co11:1131150 Tpl:315697 Cert:4963889 0 ACORD CORPORATION 1988
Page 2 of 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain pollees may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-S (7/97) Ca11:1131150 Tp1:315697 Cert:4963889
Third Addendum to October 4, 1994 Agreement
Between the Citv of Tamarac
And
All Service Refuse Company, -Inc
For Furnishing Residential Recycling Collection
This Addendum to the Agreement between the City of Tamarac, a municipal
corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida
33321 (hereinafter "CITY") and All Service Refuse Company, Inc., a Florida corporation
with principal offices located at 751 NW 31 Avenue, Fort Lauderdale, F orida 3331
(hereinafter "CONTRACTOR") is made and entered into this & day of
.2005.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of residential recycling collection in the City of
Tamarac; and
WHERAS, the Agreement was subsequently amended on November 26, 1997
and February 9, 2000; and
WHEREAS, Article 3.3 of the Agreement between CONTRACTOR and the CITY
provides for renewal for a five (5) year period of time; and
WHEREAS, in light of the recent difficulties surrounding the 2004 hurricane
season, Article 4.11 requires modifications with regards to the procedure for service
before and after an emergency situation; and
WHEREAS, modifications regards to the reporting process as outlined in Article
5.1 are proposed to ensure the timely dissemination of data by the CONTRACTOR; and
WHEREAS, Articles 6.1 and 6.2 of the Agreement between CONTRACTOR and
the CITY shall reflect current prices; and
WHEREAS, the CONTRACTOR agrees to revise Articles 9.1 and 11.2 to provide
for notification of refusal to pick up and/or customer complaints and the resolution of
said issues within 24 hours to the CITY; and
WHEREAS, the CONTRACTOR agrees to schedule and participate in a quarterly
inspection of the leased recycling vehicle and subsequently correct any defects prior to
the next scheduled inspection; and
1
WHEREAS, the CITY chooses to renew the term of the Agreement with
CONTRACTOR until December 31, 2009;
NOW THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994 and the subsequent addendums dated November 26, 1997 and
February 9, 2000, the parties agree as follows:
1. Article 3, Term, is amended as follows:
Article 3 Term
§3.1 Contract Term
The term of this agreement shall begin at 12:01 a.m. on December 19,
1994 and shall expire on MaFGh 31 December 31 2009.
2. Article 4, Scope of Services, is amended to read as follows:
Article 4 Scope of Services
§4.11 Delay Caused by Emergency Conditions
In the event an emergency, as defined in Chapter 252, Florida
Statutes, is declared by Broward County or by CITY which causes an
interruption of service, CONTRACTOR shall notify CITY as soon as
practicable of the service interruption, and the time of anticipated
restoration of service.
In the event of tropical storm / hurricane CITY may rant CONTRACTOR
reasonable variance from regular schedules and routes. CONTRACTOR
is required to give 48 hours notice prior to the time when a storm is
scheduled to im act the area re ardin the cessation of service. As soon
asractical after storm CONTRACTOR shall advise CITY and the
customer of the estimated time re uired before regular schedules and
routes can be resumed.
3. Article 5, Data Gathering, is amended to read as follows:
Article 5 Data Gathering
§5.1 CONTRACTOR shall provide CITY with a monthly report (as described in
Exhibit "A") due by the 10th of each month outlining weight of each sort
collected on a daily basis per route, daily number of drive bys, by route,
daily number of set outs, by route, adjusted weight and percentage of
contamination, and weight ticket numbers. Weight tickets and all records
required shall be made available for review upon request by CITY. Single
K
family curbside and Multi -family shall contain an estimate of weights of
materials collected. The CITY reserves the right to withhold payment per
Article 6 of this Agreement until such time as these reporting requirements
nn- mat
4. Article 6 , Rates, Records, Billing, is amended to read as follows:
Article 6 Rates Records Billie
6.1 Multi -Family:
The price paid to CONTRACTOR shall be $9.44 (feFty four Gent 0.51
(fifty-one cents) per multi -family unit per month.
§6.2 Single -Family:
The price paid to CONTRACTOR shall be $0.87 (i hty sever
$1.00 (one dollar) per single-family unit per month.
6.5 (b)Billings, Collections and Payments:
CITY shall pay to CONTRACTOR on a monthly basis, net within thirty (30)
days of receipt of an invoice from CONTRACTOR. In the multi -family
program, "units serviced" is defined to mean number of units in a multi-
family complex regardless of occupancy rate. In the single family
program, "units serviced" is defined to mean those single family units
currently receiving a water bill from CITY. CITY reserves the right to
withhold payment per this section until such time as reporting
re uirements as outlined in Article 5.1 have been met for each month.
5. Article 9, Refusal to Pick -Up, is amended to read as follows:
Article 9 Refusal To Pick -Up
§9.1 The first time a resident does not properly segregate said materials,
CONTRACTOR shall pick-up Recyclable Materials as described in Article
4.12 of this Agreement. In addition, CONTRACTOR will issue a written
notice to the resident which contains instructions for the proper
segregation of Recyclable Materials. The second time the same resident
does not properly segregate the materials, CONTRACTOR can refuse to
make a pick-up. At the time of refusal to make the pick-up,
CONTRACTOR shall issue a notice to the resident which contains
instructions for the proper segregation of Recyclable Materials. It shall not
be required for CONTRACTOR to issue a subsequent notice to the
3
resident for any further infractions after the second occurrence.
CONTRACTOR will notify CITY via email each time a written notice is
issued to a resident for not properlV segregating and said email will
include the address of the resident receiving the notice the date the notice
was issued and a brief description of the reason for the notice and/or the
refusal to pick-up per this section. Further incidents of non-compliance by
a resident shall be reported to CITY.
6. Article 11, Contractor's Relation to City, is amended as follows:
Article 11 Contractor's Relation to City
§11.2 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 legitimate complaints, whether received in
person, by mail or by telephone, shall be received by CONTRACTOR.
Complaints received before 12:00 noon shall be served before 5:00 p.m.
that day. Complaints received after 12:00 noon shall be served 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 complaint. CONTRACTOR
shall be available at CITY'S request to inform action taken on complaints.
Legitimacy of challenged complaints may, at the option of CITY, be
determined on the basis of a joint inspection by a representative of CITY
and a representative of CONTRACTOR.
§11.5 (A) (11 Lease of Recycling Vehicle = Maintenance Schedule:
CONTRACTOR agrees at its own expense, to provide suitable and
adequate garage space and shall maintain this truck and any vehicle
which may be substituted for the truck as provided below in good repair,
mechanical condition and running order. CONTRACTOR shall use as a
guide the maintenance program prescribed in the Owner's Manual and
shall perform all preventative maintenance required to insure full validation
of any manufacturer's warranty. In addition, CONTRACTOR agrees to
maintain a written maintenance log of vehicle on the forms provided by
CITY and provide written copies to the City Manager on a monthly basis.
(See Exhibit "C") CONTRACTOR is re wired to schedule and participate
in quarterly inspections performed by CITY for the truck. CONTRACTOR
agrees to rectify any defects noted as a result of this inspection as soon
as possible. If the same defect is noted in the next quarterly inspection,
4
CITY reserves_ the right_ to perform or arrange for the performance of
required repairs at the CONTRACTOR'S expense.
7. The October 4, 1994, Agreement between CITY and CONTRACTOR and all
subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums remain in full force and effect. Failure to
specifically delineate any prior terms or conditions in this addendum does not
operate to relieve CITY or CONTRACTOR of any obligations pursuant to this
Agreement or waive any rights contained therein.
8. The effective date of this Addendum to the Agreement shall be the 1st day of
April , 2005.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the October 4, 1994, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and All Service Refuse
Company, Inc., signing by and through John F. Ferguson, Area President, duly
authorized to execute same.
ATTEST:
Marion Swenso , CIVIC
City Clerk
Date: 3 1 ;L3 1 U 5
fo m and legal
LV- -2. 6r.
itchell S. Kraft,
ty Attorney
CITY OF TAMARAC
By: .
Joe Schreiber
Mayor
DATE:
�.1*7
J'ehrey L. Miller
City Manager
Date: 3 U r
'61
ATTEST-
I�nlillfr
�
�-%,,Mvt,;-S�cretary
David A. Barclay
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
CONTRACTOR
All Service Refuse Company, Inc.
A Flo � orp I
By:
Joh F. Ferguson
rea President
Date: J -4d'5'
Before me personally appeared John _F.Ferguson, 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.
11
WITNESS my hand and official seal, this I day o
ROBIN Q. REID~
MY COMMISSION # DID 3300t2 Notary Public, State of
�* i EXP►RE&August 4,20 Florida At Large
W614 n". Nory PU* � q�yrlt9re
fl1n
My Commission Expires:
Personally known ( )
Produced Identification
Did/Did Not take an oath ( )
Print or Type Name of Notary
lei