HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-0071
I
Temp. Ord. # 2225
June 8, 2011
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2011 /
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 09-
16R AND APPROVING A FRANCHISE AGREEMENT
WITH WASTE MANAGEMENT INC. OF FLORIDA FOR
FURNISHING COLLECTION AND DISPOSAL OF
RESIDENTIAL SOLID WASTE AND RECYCLING AND
COMMERCIAL SOLID WASTE; AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE THE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT
INC., OF FLORIDA AND TO TAKE ACTION CONSISTENT
WITH THE INTENT OF THIS ORDINANCE; PROVIDING
FOR THE ABILITY TO REVISE RATES FOR SOLID
WASTE AND RECYCLING COLLECTION AND DISPOSAL
SERVICES THROUGH THE ADOPTION OF A
RESOLUTION BY THE CITY COMMISSION; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") is authorized to enter into franchise
agreements with solid waste and recycling collectors;
WHEREAS, the City currently has three (3) Agreements for residential solid
waste collection, disposal, and recycling with two (2) different service providers, and
seven (7) franchise agreements for commercial solid waste collection; and
WHEREAS, the Franchise Agreements for residential solid waste and recycling
were first executed approximately 18 years ago, via Ordinances 0-93-03, 0-93-10, and
0-94-14, which are on file in the office of the City Clerk; and
WHEREAS, on October 27, 2010, the City held a public meeting seeking
comment in reference to the City's award of an exclusive Franchise Agreement; and
WHEREAS, the City determined the consolidation and updating of these ten (10)
Agreements into one (1) exclusive Franchise Agreement to be in the best interest of the
Temp. Ord. # 2225
June 8, 2011
Page 2
health, safety, and welfare of the citizens, residents, and businesses of the City; and
WHEREAS, the City values the competition between service provides to ensure
high-level of service at competitive pricing for all contractor -provided services; and
WHEREAS, the City published Request for Proposal ("RFP") No. 09-16R on
December 16, 2009; and
WHEREAS, the City received proposals from five (5) vendors: (1) Choice
Environmental Services of Broward, Inc., (2) Republic Services of Florida, L.P. d/b/a All
Service Refuse, (3) Southern Waste Systems, LLC, (4) Waste Management, Inc. of
Florida, and (5) Waste Pro of Florida, Inc., copies of proposals are incorporated herein
by reference and on file in the office of the City Clerk; and
WHEREAS, the City, via an Evaluation Committee, reviewed and evaluated said
responses per RFP 09-16R; and
WHEREAS, all five (5) submitters were invited to make presentations to the
Evaluation Committee to provide additional information; and
WHEREAS, the Evaluation Committee determined that Waste Management
Incorporated of Florida ("Waste Management") best met the needs and requirements of
the City, a copy of the Evaluation Committee rankings is incorporated herein by
reference and on file in the Office of the City Clerk; and
WHEREAS, the City entered into negotiations with Waste Management to obtain
a best and final proposal per RFP 09-16R; and
WHEREAS, the Public Works Director, the Director of Financial Services, and
the Purchasing and Contracts Manager recommend that the City execute a Franchise
Agreement with Waste Management for Collection and Disposal of Residential Solid
Temp. Ord. # 2225
June 8, 2011
Page 3
Waste and Recycling and Commercial Solid Waste, a copy of said Agreement is hereto
attached as "Exhibit 1 "; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be
in the best interest of the citizens and residents of the City of Tamarac to execute a
Franchise Agreement with Waste Management for Collection and Disposal of
Residential Solid Waste and Recycling and Commercial Solid Waste.
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. All exhibits attached hereto are incorporated herein
and made a specific part of this Ordinance.
SECTION 2: The appropriate City officials are hereby authorized to
execute the Franchise Agreement between the City of Tamarac and Waste
Management Incorporated of Florida, attached hereto as "Exhibit 1", and to take action
consistent with the intent of this Ordinance.
SECTION 3: The Rate Sheet for Solid Waste and Recycling Collection
and Disposal Services included as part of the Franchise Agreement, attached hereto as
"Exhibit 1 ", may be revised through a Resolution adopted by the City Commission.
SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 5: If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other
Temp. Ord. # 2225
June 8, 2011
Page 4
provisions or applications of this Ordinance that can be given effect without the invalid
provision or application, and to this end the provisions of this Ordinance are declared to
be severable.
SECTION 6: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this day of _ , 2011.
PASSED, SECOND READING this /-3 day of `--. -�� �` , 2011.
fs
BY: i �-+� z
ATTES MAYOR PAMELA BUSH ELL
PE , CMR, MC
CLERK
' RECORD OF COMMISSION VOTE: 1ST Reading
ESTABLISHED : 4
;0=
1963 : Q� ` MAYOR BUSHNELL -�
a SEAL o - DIST 1: COMM. SWENSON
%'9'• w` DIST 2: V/M GOMEZ�
COUNo`\\�� DIST 3: COMM. GLASSER -�
DIST 4: COMM. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
;6,t,l
WUEL S. GOREN
ITY ATTORNEY
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR BUSHNELL
DIST 1: COMM. SWENSON 2--
DIST 2: V/M GOMEZ -.•�'
DIST 3: COMM. GLASSER .^
DIST 4: COMM. DRESSLER
HA2005\050164 TAMARAMORD 2011\2225 - ORD - WM Solid Waste Franchise AgreementREV1.docx
1
1
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
WASTE MANAGEMENT INC. OF FLORIDA
THIS AGREEMENT is made and entered into this ZJXay of
20// by and between the City of Tamarac, a municipal rporation with
principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "CITY")
and Waste Management Inc. of Florida, a Florida corporation with principal offices
located at 2700 NW 48th Street, Pompano Beach, Florida 33073 (the "Contractor") to
provide for Residential and Multi -family Solid Waste, Recycling / Recovered
Materials, Yard Waste, and Bulk Waste Collection Services and Commercial Solid
Waste and Bulk Waste Collection Services for residents and establishments within
the corporate bounds of the City of Tamarac.
Now therefore, in consideration of the mutual covenants hereinafter set forth, the City
and Contractor agree as follows:
1) The Agreements Documents
The Agreement consists of this Agreement, Request for Proposal Document No. 09-
16R, "Solid Waste Recycling, Yard Waste, and Bulk Waste Collection Services", including all
conditions therein, (General Terms and Conditions, Special Conditions and/or Special
Provisions), drawings, Technical Specifications, all addenda, the Contractor's bid/proposal
included herein, and all modifications issued after execution of this Agreement. These contract
documents form the Agreement, and all are as fully a part of the Agreement as if attached to
this Agreement or repeated therein. In the event that there is a conflict between Request for
Proposal Document #09-16R titled "Solid Waste, Recycling, Yard Waste, and Bulk Waste
Collection Services" as issued by the City, and the Contractor's Proposal, dated April 13, 2010,
Request for Proposal Document #09-16R titled "Solid Waste, Recycling, Yard Waste, and Bulk
Waste Collection Services" as issued by the City shall take precedence over the Contractor's
Proposal. Furthermore, in the event of a conflict between this document and any other contract
documents, this Agreement shall prevail.
2) The Work
2.1. The Contractor shall perform all work for the City required by the contract
documents as set forth below:
2.1.1 Contractor shall supervise the work force to ensure that all workers
conduct themselves and perform their work in a safe and professional
manner. Contractor shall comply with all OSHA safety rules and
regulations in the operation of equipment and in the performance of the
work. Contractor shall at all times have a competent field supervisor on
the job site to enforce these policies and procedures at the Contractor's
expense.
2.1.2 Employees of the successful Contractor shall at all times be under its sole
direction and not an employee or agent of the City. The Contractor shall
employ competent and qualified personnel to perform the work described
herein. The City may require the Contractor to remove an employee it
deems careless, incompetent, insubordinate or otherwise objectionable.
Contractor shall be responsible to the City for the acts and omissions of
all employees working under its directions. Under no circumstances shall
the successful contractor utilize temporary labor for the execution of
services under this Agreement, unless specifically authorized by the City
in writing.
2.1.3 Contractor has been familiarized with the Contract Documents and the
nature and extent of the work required to be performed, locality, and local
conditions; and shall comply with any and all Federal, State, and local
laws and regulations now in effect, or hereinafter enacted during the term
of this Agreement, which are applicable to the Contractor, its employees,
agents or subcontractors, if any, with respect to the work and services
described herein.
2.1.4 Contractor has made or caused to be made examinations, investigations
and tests and studies as deemed necessary for the performance of the
Work at the Contract Price, within the Contract Time and in accordance
with the other terms and conditions of the Contract Documents; and no
additional examinations, investigations, tests, reports or similar data are
or will be required by Contractor for such purposes.
2.1.5 Contractor has correlated the results of all such observations,
examinations, investigations, tests, reports and data, as applicable, with
the terms and conditions of the Contract Documents.
2.1.6 Contractor has given City written notice of all conflicts, errors or
discrepancies that have been discovered in the Contract Documents and
the written resolution thereof by City is acceptable to Contractor.
3) Scope of Services
3.1) Scope of Work Generally:
Contractor shall provide Solid Waste, Recyclables / Recovered Materials, Yard Waste, and
Bulk Waste Collection Services for the City. Contractor shall provide all labor, equipment,
materials, and supplies necessary to provide Solid Waste collection services, Yard Waste
collection services, and program Recycled / Recovered Materials collection to Residential
Service Units, Multi Family Service Units, Commercial Units within the City and City
Facilities in the City. All services provided pursuant to this Agreement shall be conducted in
a manner consistent with the City's Code of Ordinances, including, but not limited to, City
Ordinance 2010-15, which is incorporated herein by reference, and as may be amended
from time to time. In addition, all services shall conform with the provisions of the Interlocal
Agreement between Broward County and the Contract Communities, as defined in City
Ordinance 2010-15, (the "Interlocal Agreement"), as amended, which is incorporated herein
by reference, and the Plan of Operations, as amended, and as included in the Interlocal
Agreement.
The provision of Commercial Solid Waste Collection and Disposal Services shall be subject
to the following provision:
The parties acknowledge that the City is currently in litigation concerning the
termination of the existing Commercial Solid Waste Franchise Agreements. Due
to the current status of the litigation, and pursuant to Section 19-26 (e)(1)e, of the
City's Code of Ordinances, nothing in this scope of work is intended to prohibit
any other firm from providing Commercial Solid Waste Collection and Disposal
Service, until such time as the displacement period defined in Section
403.70605, Florida Statutes, expires on or before October 27, 2013.
Nothing in this scope of work is intended to prohibit any firm from providing Recyclable /
Recovered Materials collection services to Commercial Service Units in the City in
accordance with 403.7046, Florida Statutes.
Contractor shall be responsible for all collection, disposal, and other costs for services
provided pursuant to this Agreement.
3.2) Definitions
As used in this Scope of Work and the Agreement, the following terms shall have the
meanings as set forth in this Section.
The words "shall," "will," and "must" are always mandatory and not merely discretionary.
The word "may" indicates something that is not mandatory but permissible.
When not inconsistent with the context, words in the plural shall include the singular and
vice versa, words importing persons shall include firms and corporations, words in the
present tense shall include the future, and use of the masculine gender shall include the
feminine gender.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms,
shall refer to this Agreement; the term "heretofore" shall mean before the date of adoption
of this Agreement; and the term "hereafter" shall mean after the initial date of adoption of
this Agreement.
Agreement shall mean the written Agreement entered into between the City and the
Contractor for the provision of Collection Services and any written amendment thereto as
agreed upon by the City and the Contractor.
Apartment or apartment house shall mean a building containing non -owner occupied
residential units occupied or intended to be occupied by more than two (2) families, living
separately and with separate kitchens or facilities for doing their own cooking on the
premises, or by more than two (2) families, individuals or groups of individuals. Apartments
are considered to be a commercial service unit.
Automated Collection shall mean the collection of Solid Waste using Carts. Automated
collection may mean an automated collection system or a semi -automated collection
system.
Brush Material shall include all accumulations of shrubbery, cuttings, palm fronds, or tree
limbs and other items of a similar nature.
Bulk Waste shall mean large discarded items including, but not limited to, discarded White
Goods, toilets, pool heaters, sheet metal, bedding, furniture and other similar items.
Cans and Garbage Cans shall mean a City approved plastic or galvanized metal can of a
type commonly sold as garbage cans of a capacity not more than 33 gallons in size.
Carts shall mean a container with an attached tight fitting lid of up to 96 gallons mounted on
wheels and designed to hold Recycled / Recovered Materials or Solid Waste and to be
mechanically dumped into a collection vehicle. All Carts shall be clearly marked in a
manner approved by the Contract Administrator.
City shall mean the City of Tamarac, Florida, a municipal corporation of the State of Florida
acting through the City Commission, City Manager, or official designated by the City
Manager.
City Facility shall mean a City owned location designated for service underthis agreement.
Collection and Collect shall mean the act of picking up Solid Waste, Yard Waste, or Bulk
Waste and delivering it to a Designated Facility.
Collection Service shall mean the Collection of Solid Waste, Yard Waste, Recycled /
Recovered Materials, Bulk Waste, and Yard Waste and delivery to the Designated Facility
by the Contractor.
Clubhouse shall mean a common area facility of a homeowners association available to all
parcel owners and their guests for recreational activities, meetings, and events.
Commercial Service Unit shall mean all units other than Residential Service Units, Multi-
family Service Units, or City Facilities. The City reserves the right to designate
establishments as Commercial Service Units under this Agreement.
Contractor shall mean that person or entity that has entered into this agreement to provide
the services described herein.
Contract Administrator means the City of Tamarac Public Works Director or his/her
designee.
Compactor shall mean any Container, regardless of its size, which has a compaction
mechanism, whether stationary or mobile, and approved for use by the Contract
Administrator.
Container shall mean Cart, Can, Compactor, Dumpster, and Roll -off
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Curbside shall mean adjacent to, or in proximity, to thoroughfares, roadways, or parking
areas as determined by the Contract Administrator.
Designated Facility shall mean the disposal and recycling / recovery facilities designated
by the City for receiving Solid Waste, Yard Waste, Bulk Waste, or Recycled / Recovered
Materials under this Agreement.,
Dumpster shall mean any Container, excluding Compactors, with a tight fitting lid and a
minimum capacity of one (1) cubic yard, a maximum capacity of eight (8) cubic yards, and
approved for use by the Contract Administrator.
Enclosure shall mean any structure designed for the storage of Containers at Commercial
Service Units or Multi -Family Service Units.
Franchise Fee shall mean the charge for the Contractor's use of present and future streets,
alleys, bridges, easements, and other public places in the City.
Garbage shall mean kitchen and table refuse, all general combustible waste, such as paper
and rags, paperboard boxes, and every accumulation of animal and vegetable matter that
attend the preparation, decay, dealing in or storage of food such as: meats, fish, fowl, game,
fruits and vegetables.
Improper Set -out Notice shall mean a notification form left on non -conforming materials
that are not collected by the Contractor.
Incident shall mean one event (e.g., if the Contractor misses collection of waste from two
(2) residences, it will count as two incidents).
Multi -family Service Unit shall mean condominium residential units typically receiving
Collection Service by Dumpsters or Compactors, and shall not include Apartments. The
City reserves the right to designate Multi -family Service Units.
Recyclable / Recovered Material and Program Recyclables shall mean metal, paper,
glass, plastic, textile, or rubber materials that have known recycling / recovery potential, can
be feasibly recycled, and have been diverted and Source Separated or have been removed
from the Solid Waste stream for sale, use, or reuse as raw materials, whether or not the
materials require subsequent processing or separation from each other, but does not
include materials destined for any use that constitutes disposal. In accordance with Florida
Statutes § 403.703, Recyclable / Recovered Materials are not Solid Waste. The list and
acceptance standards for Program Recyclables for Residential Service Units and Multi-
family Service Units are provided in Exhibit "1 ". The City reserves the right to amend the
list of Recovered Material and Recyclables from time to time.
Recycling / Recovered Materials Bin shall mean a receptacle with a capacity of up to
approximately 18 gallons designed or intended to be manually dumped into a loader -packer
type garbage truck and approved by Contract Administrator for the Collection of Recyclable /
Recovered Materials from Residential Service Units and City Facilities. All such Recycling /
................. .
Recovered Materials Bins must be clearly marked in a manner as approved by the Contract
Administrator.
Recycling / Recovered Materials Cart shall mean a receptacle with wheels with a
capacity of up to approximately 95 gallons designed or intended to be mechanically dumped
into a loader -packer type garbage truck and approved by Contract Administrator for the
Collection of Program Recyclables. All such Recycling / Recovered Materials Carts must be
clearly marked in a manner as approved by the Contract Administrator.
Residential Service Units shall mean residential establishments located in Service Area
and identified by Contract Administrator as Residential Service Units and utilizing a Can or
Solid Waste Cart(s) for the accumulation and set -out of Solid Waste in accordance with this
Agreement. At the sole discretion of Contract Administrator, some, all or none of the multi-
family establishments utilizing Solid Waste Cart(s) shall be considered a Residential Service
Unit(s).
Roll -off shall mean any Container, excluding Compactors and Dumpsters, with a capacity
of greater than eight (8) cubic yards which is normally loaded onto a motor vehicle and
transported to a disposal facility or recovered materials facility and approved for use by the
Contract Administrator.
Rubbish shall mean any accumulation of useless material other than garbage, brush
material, or Unacceptable Waste.
Scavenge shall mean the unauthorized removal of Recovered Material afterthe generators
thereof divest control physically or as a matter of appropriate law, rule or regulation.
Single Stream shall mean a Collection process in which all Program Recyclables are
collected mixed together with no sorting required by Residential Service Unit, Commercial
Service Unit, City Facility, or other Person generating the Program Recyclables.
Sludge shall include the accumulated solids, residues, and precipitates generated as a
result of waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids
pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances.
Special Events shall mean events sponsored or co -sponsored by City.
Solid Waste shall mean Garbage, Rubbish, and other discarded materials. Solid Waste
shall not include Source Separated Recyclable / Recovered Material or Unaccepted Waste.
Source Separated shall mean that the Recyclable / Recovered Materials are separated
from Solid Waste at the location where the Recyclable / Recovered Materials and Solid
Waste are generated. The term does not require that various types of Recyclable /
Recovered Materials be separated from each other, and recognizes de minimis Solid
Waste, in accordance with industry standards and practices, may be included in the
Recyclable / Recovered Materials. Materials are not considered Source Separated when
two or more types of Recyclable / Recovered Materials are deposited in combination with
each other in a collection container located where the materials are generated and when
. r i'.
such materials contain more than 10 percent Solid Waste by volume or weight. For
purposes of this Agreement, the term "various types of Recyclable / Recovered Materials"
means metals, paper, glass, plastic, textiles, and rubber. The City reserves the right to
amend this list from time to time.
Special Pick-up Service shall mean Collection Services provided by Contractor on a day
other than the scheduled Collection day.
State shall mean the State of Florida.
Time All references to the time shall mean the then current time in the United States
Eastern time zone.
Ton shall mean a unit of weight equal to 2,000 pounds.
Unacceptable Waste shall include motor vehicles, trailers, comparable bulky items of
machinery or equipment, highly flammable substances, hazardous waste, sludges, manure,
explosives & ordinances, and any other material that cannot be lawfully be accepted at the
designated facility. .
White Goods shall include discarded air conditioners, heaters, refrigerators, ranges, water
heaters, freezers, and other similar domestic and commercial large appliances. White
Goods shall include freon and non-freon containing appliances.
Yard Waste shall mean vegetative matter resulting from landscaping maintenance and land
clearing operations and includes associated rocks and soils. Yard Waste includes Brush
Materials.
3.3) Term of the Agreement
The work to be performed under this Agreement shall be commenced after execution of the
Agreement for a period of nine (9) years. The initial term of the Agreement shall commence
at 12:00 AM, upon award and execution of this Agreement and expire at 11:59 PM on the
anniversary date of the Contract initiation. The initial term shall be for nine (9) years from the
commencement date of this Agreement which shall be October 1, 2011.
After the initial term, the City may renew the Agreement for one additional three (3) year
term based on the City's determination that the Contractor has provided satisfactory service.
Exercising of renewal options shall be mutually agreed upon in writing by both the City and
Contractor. To renew the Agreement, the City shall provide written notice to the Contractor
no later than thirty (30) calendar days preceding the scheduled date of expiration.
This does not limit City's ability to terminate agreement pursuant to Section 12 of this
Agreement. During the initial term or any renewal term, the City may terminate the
Agreement at any time pursuant to the provisions in the Agreement.
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3.4) Residential Collection Services
Automated Semi -automated Collection with Yard Waste Collection
The Contractor shall collect, twice per week on a scheduled day, all Solid Waste Carts from
each Residential Service Unit in the City.
The Contractor shall collect, once per week on the same day as Solid Waste Collection
Service, all Recycling / Recovered Materials Carts from each residential service unit in the
City. Contractor shall collect Program Recyclables in a manner to accommodate Recycle
Bank (or other similar program) if directed by the City, at no additional cost to the City. The
Contractor shall collect, once per week on a scheduled day, up to ten (10) cans, bags, or
bundles of Yard Waste. Christmas Trees shall be collected from each residential service
unit. Plastic bags containing yard waste shall be completely emptied at the curb into the
collection vehicle. The contractor shall be responsible for consolidating the empty plastic
bags and assuring the proper disposal of empty plastic bags.
In the event that items other than yard waste are found in a yard waste bag, Contractor
should tag such waste as non -conforming and resident will have to set the non -conforming
item out as garbage.
The Contractor shall collect Recyclable / Recovered Materials on one collection day of each
week. The Contractor shall collect Bulk Waste in an amount up to three (3) cubic yards
once per week on a scheduled day, separate from the scheduled Recyclable / Recovered
Materials pick-up day.
The Contractor shall not be required to collect any Carts that weigh in excess of two
hundred and fifty pounds (250 Ibs.). In addition, the Contractor shall not be required to
collect any Cans, bundles or bag that individually exceed four (4) feet in length or weigh in
excess of fifty (50) lbs.
The Contractor shall be responsible for providing each residence with one Sixty-five (65) or
ninety-five (95) gallon Solid Waste cart and one thirty-five (35) or sixty-five (65) gallon
Recyclable / Recovered Materials cart. The size of the Carts shall be at the sole discretion
of the resident.
The Contractor shall be responsible for purchase, storage, delivery, replacement and all
other costs for the Carts. (The City will not provide any storage areas.)The Contractor shall
provide each single-family residential service unit a cart within three (3) calendar days of
being contacted by the resident, the City, or the route driver for a cart. Cart changes may
be limited to one time per year. If the cart is damaged by Contractor, replacement shall be
unlimited. The Contract Administrator shall determine if the resident or hauler is responsible
for replacement.
For All Residential Service:
The City shall designate Residential Service Units under this Agreement. The Contractor
shall provide Collection Services to residential service units between 8:00 AM and 8:00 PM,
on Monday through Friday.
The Contractor shall submit proposed scheduled collection days to the Contract
Administrator for approval whose approval shall not be unreasonably withheld, on a
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schedule mutually agreeable to the City and Contractor. Program Recyclables shall be
collected on one weekly pick-up each week.
The Contractor shall collect materials with a minimum of noise and disturbance. All
Containers shall be thoroughly emptied. The Contractor shall immediately pick-up any
spilled litter, garbage, or fluids. Upon completion of Collection Services, the Contractor
shall place all cans, Bins, or Carts back to the original location prior to Collection Service.
Upon written request of the residential service unit or the City, the Contractor shall provide
additional collections of Bulk Waste from a residential service unit for an additional fee
based upon the estimated cubic yardage of the Bulk Waste. The Contractor shall estimate
the number of cubic yards of Bulk Waste and receive written approval of the estimation from
the residential service unit or the City. In the event of a dispute as to the cubic yardage
estimate, the Contract Administrator shall have the sole authority to make the final
determination.
The Contractor shall collect all Solid Waste, Program Recyclables, Bulk Waste, and Yard
Waste from residential service units as required by this Agreement and that is set -out in
accordance with this Agreement and City ordinance. The Contractor shall not be required to
collect the portion of the Solid Waste, Program Recyclables, Bulk Waste, or Yard Waste
from residential service units that is not set -out in accordance with this Agreement or City
ordinance. If the Contractor does not collect all or a portion of the Solid Waste, Program
Recyclables, Bulk Waste, and Yard Waste from residential service units because materials
do not conform with the acceptance standards contained in this Scope of Services,
Contractor shall affix an Improper Set -out Notice. The Improper Set -out Notice shall identify
the reason for non -collection and provide a phone number that the customer can call to
obtain information about material collection. Copies of Improper Set -out Notices shall be
provided daily to the City via electronic transmittal, including photographs to be entered into
the City's tracking system (e.g., fax or e-mail) or physical delivery of a copy of the notice.
The Contractor shall provide Solid Waste and Recovered Materials Collection Service to
Clubhouses in the residential service area that require Collection Services. The Contractor
shall collect up to two (2) Cans or Carts of Solid Waste twice per week and two (2) Carts or
Bins of Program Recyclables once per week at no charge to the City or the Clubhouse.
The Contractor shall be responsible for providing each Clubhouse with one (1) ninety-five
(95) gallon Solid Waste Carts and one sixty-five (65) gallon Program Recyclables cart. The
resident may request a smaller (65) gallon cart at implementation, and once annually.
The Contractor shall provide Collection Services to Residential Solid Waste placed at the
Curbside.
The Contractor shall provide Solid Waste, Program Recyclables, and Yard Waste Collection
Services at the backdoor for all residential service units deemed by the City as unable by
reason of infirmity, and as validated by a medical professional, to place materials at the
curbside for no additional cost to the residential service unit or the City.
Excluding residential service units deemed by the City as unable by reason of infirmity, and
as validated by a medical professional, to place materials at the curbside, the Contractor
shall provide Solid Waste, Program Recyclables, and Yard Waste Collection Services at the
side door for all residential service units requesting, in writing, Collection Services at the
side door for an additional cost to the residential service unit. The Contractor shall be
responsible for billing residents directly for side door service, and under no circumstances
shall the cost of side door service be borne by the City.
3.5) Multi -Family Collection Services
The City shall designate Multi -Family Service Units under this Agreement. The Contractor
shall collect a minimum of twice per week on a scheduled day, all Solid Waste Carts and
Solid Waste Dumpsters from each Multi -family Service Unit in the City. Multi -family service
units utilizing stationary Compactors shall have collection at a frequency of not less than
once per week. The Contractor and the Multi -family Service Unit shall mutually decide on
the number and size of Carts, Dumpsters, and Compactors. The frequency of collection
must conform to City ordinances. The Multi -family Service Unit may request collection more
frequently than twice per week. In the event of a dispute, the Contract Administrator shall
have the sole authority to make the final determination.
The Contractor shall collect a minimum of once per week all program Recyclable /
Recovered Materials from Recycling / Recovered Materials Carts and Program Recyclables
Dumpsters from each multi -family residential service unit in the City. The Contractor and the
Multi -family Service Unit shall mutually decide on the number and size of Carts or
Dumpsters. In addition, the Contractor and the Multi -family Service Unit shall mutually
decide on the frequency of program Recycled / Recovered Materials collection and
scheduled days for Collection Services. In the event of a dispute, the Contract Administrator
shall have the sole authority to make the final determination. The Contract Administrator
may grant exceptions for the requirement for Recycled / Recovered Materials Collection at
Multi -family service Units.
Contractor shall provide a collection of Bulk Waste from Multi -family Service Units a
minimum of four (4) times annually. Upon written request of the Multi -family Service Unit,
the Contractor shall provide additional collection of Bulk Waste from the Multi -family Service
Unit for an additional fee based upon the estimated cubic yardage of the Bulk Waste. The
Contractor shall estimate the number of cubic yards of Bulk Waste and receive written
approval of the estimation from the Multi -family Service Unit or the Contract Administrator. In
the event of a dispute as to the cubic yardage estimate, the Contract Administrator shall
have the sole authority to make the final determination.
The Contractor shall collect materials with a minimum of noise and disturbance. All
Containers shall be thoroughly emptied. The Contractor shall immediately pick-up any
spilled litter, garbage, or fluids. Upon completion of Collection Services, the Contractor
shall place Carts, Dumpsters, Compactors and Containers back to the original location prior
to Collection Service. The Contractor shall regularly disinfect Containers with an
appropriate sanitizing spray, not less than monthly or as directed by the Contract
Administrator.
At the sole expense of the Contractor, the Contractor shall be required to open and close
Enclosures and locking mechanisms in order to provide Collection Services to Commercial
Service Units.
Excluding written approval from the Contract Administrator or as otherwise permitted by this
Agreement, the Contractor shall provide Collection Services to Multi -family Service Units
between 8:00 AM and 8:00 PM, on Monday through Friday.
A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and the manner and collection of fees.
The terms and conditions of such agreement shall be in compliance with all provisions of
this Agreement including the fees and the term shall not extend beyond the term of this
Agreement. The customer shall subscribe to a level of service sufficient to meet the needs
of the customer in a sanitary and efficient manner. A copy of each written Agreement shall
be filed with the City's Contract Administrator.
3.6) Commercial Collection Service
The City shall designate Commercial Service Units under this Agreement. The Contractor
shall collect a minimum of once per week on a scheduled day, all Solid Waste Carts Solid
Waste Dumpsters and Solid Waste Compactors from each Commercial Service Unit in the
City. The Contractor and the Commercial Service Unit shall mutually decide on the number
and size of Carts, Dumpsters, and Compactors. In addition, the Contractor and the
Commercial Service Unit shall mutually decide on the frequency of collection and scheduled
days for Collection Services. The frequency of collection must conform to City ordinances.
In the event of a dispute, the Contract Administrator shall have the sole authority to make
the final determination.
The Contractor shall provide Commercial Recyclable / Recovered Materials Collection
Service to all businesses or commercial entities located in the City resulting from its own
solicitation or by request of the customer. Upon written request of a Commercial Service
Unit, the Contractor shall collect a minimum of once per week on a scheduled day, all
Recycling / Recovered Materials Carts, Program Recyclables Dumpsters, and Program
Recyclables Compactors from the Commercial Service Unit for an additional fee agreed to
by the Contractor and the Commercial Service Unit. The Contractor and the Commercial
Service Unit shall mutually decide on the number and size of Recycling / Recovered
Materials Carts, Dumpsters, and Compactors. In addition, the Contractor and the
Commercial Service Unit shall mutually decide on the frequency of Recycled / Recovered
Materials collection and scheduled days for Collection Services. In the event of a dispute,
the Contract Administrator may provide a recommendation. Nothing in this Agreement shall
prevent a person or entity engaged in the business of Program Recyclables from accepting
and transporting commercial recyclables / recovered materials from commercial generators
provided that such activities are conducted in accordance with applicable state and local
rules or regulations
Upon written request of the Commercial Service Unit, the Contractor shall provide collection
of Bulk Waste from the Commercial Service Unit for an additional fee based upon the
estimated cubic yardage of the Bulk Waste. The Contractor shall estimate the number of
cubic yards of Bulk Waste and receive written approval of the estimation from the
Commercial Service Unit or the Contract Administrator. In the event of a dispute as to the
cubic yardage estimate, the Contract Administrator shall have the sole authority to make the
final determination.
The Contractor shall collect Materials with a minimum of noise and disturbance. All
Containers shall be thoroughly emptied. The Contractor shall immediately pick-up any
spilled litter, garbage, or fluids. Upon completion of Collection Services, the Contractor
shall place Carts, Dumpsters, Compactors, and other Containers back to the original
location prior to Collection Service. The Contractor shall regularly disinfect Containers with
an appropriate sanitizing spray, after each collection or as directed by the Contract
Administrator.
At the sole expense of the Contractor, the Contractor shall be required to open and close
enclosures and locking mechanisms in order to provide Collection Services to Commercial
Service Units.
Excluding written approval from the Contract Administrator or as otherwise permitted by this
Agreement, the Contractor shall provide Collection Services to Commercial Service Units
between 8:00 AM, and 8:00 PM, on Monday through Friday. Restaurants and similar
customers may also be collected between 8:00 AM, and 8.00 PM, on Saturday through
Sunday with prior approval of the Contract Administrator, which approval shall not be
unreasonably withheld.
A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and the manner and collection of fees.
The terms and conditions of such agreements shall be in compliance with all provisions of
this Agreement including the fees and the term shall not extend beyond the term of this
Agreement. All agreements with existing clients must, at a minimum, be amended to reflect
the terms, requirements and pricing delineated in this Agreement. The customer shall
subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and
efficient manner. The Contractor may temporarily discontinue a customer's Collection
Service if a customer's account is past due in excess of sixty (60) days. The Contractor
shall provide notice to the Contract Administrator 10 days before a customer's Collection
Service is discontinued for non-payment. The customer's deposit may be applied to the
customer's account if a customer's service has been discontinued for non-payment.
Collection Service shall be restored upon payment of account by customer. Contractor may
charge a service fee of $15 when service is being restored after being discontinued for non-
payment. Contractor may charge a monthly late fee, not to exceed 1 percent of any past
due balance in excess of thirty (30) days.
The Contractor may require a deposit not to exceed twice the fee for monthly service. All
deposit schedules shall be uniformly applied. Deposits collected by the Contractor shall not
be interest bearing. If the Contractor is providing a Compactor to the customer, the deposit
may not exceed the total the fee for two month's service plus one hundred dollars ($100) for
each yard of capacity of the Compactor provided. All deposit schedules shall be uniformly
applied. If a customer's service has been discontinued twice in a twelve (12) month period
for non-payment, the Contractor may require an additional deposit equal to 50 percent 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 the Contractor and any deposit not refunded to the Customer shall be transferred to the
City upon termination of the Agreement.
3.7) City Facility Collection Service
The Contractor shall collect a minimum of once per week on a scheduled day, all Solid
Waste Carts, Solid Waste Dumpsters and Solid Waste Compactors from each City Facility
in the City at no cost to the City or the City Facility. The Contract Administrator shall have
the sole authority to decide on the number and size of Carts, Dumpsters, or Roll -off
Containers. In addition, the Contract Administrator and the City Facility shall have the sole
authority to decide on the frequency of Solid Waste collection and scheduled days for Solid
Waste Collection Services.
Upon written request of the Contract Administrator or the City Facility, the Contractor shall
collect, a minimum of once per week on a scheduled day, all Recycling / Recovered
Materials Bins, Recycling / Recovered Materials Carts, Program Recyclables Dumpsters
and Roll -off Containers from such City Facility in the City at no cost to the City or the City
Facility. The Contract Administrator and the City Facility shall have the sole authority to
decide on the number and size of Bins, Carts, Dumpsters and Roll -off Containers. In
addition, the City and the City Facility shall have the sole authority to decide on the
frequency of collection and scheduled days for Collection Services.
City Facilities that may require Solid Waste and Program Recyclables services include but
are not limited to the following locations:
City Hall, 7525 NW 88th Avenue,
Community Center, 8601 W. Commercial Blvd.
Recreational Center, 7501 North University Drive
Multi Purpose Center, 7531 North University Drive
Caporella Aquatic Center, 9300 NW 58th Street
Water Treatment Plant, 7803 NW 61 st Street
Fire Station # 41, 7501 NW 88 1h Ave.
Fire Station #78, 4801 W. Commercial Blvd.
Broward Sheriff's Office Building, 7515 NW 88th Avenue
Public Services Complex
Public Works / Building Department Building, 6011 Nob Hill Road
Parks Administration Building, 6001 Nob Hill Road
Utilities / IT Building 10101 State Street
Fire Station #15, 6000 Hiatus Road, Tamarac
Current level of service at the above listed facilities is typically:
One (1) 8-yard dumpster at each location, serviced twice weekly;
Two (2) to six (6) 96-gallon Recycling / Recovered Materials carts (mixed recyclable
recovered materials) at each location;
Two (2) thirty -yard roll -off containers (located at the Public Services Complex serviced twice
per week; and
One (1) 20-yard recyclable / recovered materials roll -off container (located at the Public
Services Complex) serviced bi-monthly.
Public Parks
Sports Complex, 9901 N.W. 77th Street
Caporella Park, 5200 Prospect Road
Gary B. Jones Park for People and Pups, 8101 Southgate Boulevard
Tamarac Park, 7501 N. University Drive
Sunset Point Park, 11000 W. McNab Road
Tamarac Veteran's Park, 7825 Southgate Boulevard
Tephford Park, 10003 Southgate Boulevard
Current level of service at the above listed facilities is typically:
One (1) 8-yard dumpster, serviced twice weekly; and
Two (2) multi -sort Recycling / Recovered Materials stations (three 96-gallon Recycling
Recovered Materials carts) located at Sports complex and Tamarac Park.
The City reserves the right to adjust the level of service at all City facilities and Parks,
including but not limited to the size of container and frequency of service at any City facility
with no change in compensation or cost.
Upon written request of the City or the City Facility, the Contractor shall provide collection of
Bulk Waste from the City Facility at no cost to the City or the City Facility.
The Contractor shall collect materials with a minimum of noise and disturbance. All
Containers shall be thoroughly emptied. The Contractor shall immediately pick-up any
spilled litter, garbage, orfluids. Upon completion of Collection Services, the Contractor shall
place Carts, Dumpsters, Roll -off Containers, Compactors, and other Containers back to the
original location prior to Collection Service. The Contractor shall regularly disinfect
Containers with an appropriate sanitizing spray, after each collection or as directed by the
Contract Administrator.
At the sole expense of the Contractor, the Contractor shall be required to open and close
enclosures and looking mechanisms in order to provide Collection Services to City Facilities.
Excluding written approval from the Contract Administrator or as otherwise permitted by this
Agreement, the Contractor shall provide Collection Services to City Facilities between 8:00
AM and 4:00 PM on Monday through Friday and at the City's request, collection may be
required between 8:00 AM and 8:00 PM Saturday through Sunday for certain City Facilities
and for special events.
3.8) Special Event Collection Service
Contractor shall provide adequate Carts, Dumpsters, Compactors, and other Containers as
determined by the Contract Administrator for Solid Waste Collection Services for up to
twelve (12) Special Events sponsored or conducted by the City in each contract year, at no
cost to City or the co-sponsors of the Special Event.
Contractor shall provide adequate Carts, Dumpsters, Compactors, and other Containers
(including, but not limited to, cardboard event boxes) as determined by the Contract
Administrator for Solid Waste and Program Recyclables Collection Service for up to twelve
(12) Special Events sponsored or conducted by the City in each calendar year, at no cost to
the City or the co-sponsors of the Special Event.
Remainder of Page Intentionally Blank
Special events may include, but are not limited to:
Event
Approximate Date
Estimated Participants
Fourth of July Celebration
July 4
7,000
Turkey Trot
Thanksgiving
2,000
Garage Sale
October 3
300+
Halloween Hoopla
October 30
300+
Veteran's Day
November 11
300+
Taste of Tamarac
November 14
300+
Holiday Lighting Ceremony
December 3
300+
Spring Fest
Saturday before Easter
300+
Memorial Day
Memorial Day
300+
3.9 Routes, Schedules, and Holidays and Transition Plan
3.9.1 The Contractor shall submit proposed route maps and schedules for all
residential, multi -family, commercial and City Facility Collection Services to the
Contract Administrator by 9:00 AM, not less than 60 days prior to
commencement of service for approval, whose approval shall not be
unreasonably withheld. The Contractor shall maintain a current copy of the
routes and schedules for residential, multi -family, commercial, and City Facility
Collection Services on file with the City for the initial term and any renewal term
of this Agreement.
The Contractor shall not amend, modify, or change a route map or schedule
temporarily or permanently without the written approval of the Contract
Administrator. The Contract Administrator, at it sole discretion, may approve or
reject the Contractor's request to amend, modify, or change a route map or
schedule. Such approval shall not be unreasonably withheld. The Contractor
shall be required to notify all affected customers of any changes resulting in a
change of frequency or to the day on which collection occurs.
3,9.2 The Contractor shall not be required to provide Collection Services on the
following holiday: Christmas Day. The City reserves the right to add or delete
holidays. If the City elects to add or delete holidays, the Contract Administrator
will provide the Contractor notice in accordance with the Agreement. For the
week of December 25th and the week after, the Contractor shall collect double
the volume of the contract limit of material from each resident without penalty or
additional charge. For residential service units that would have received
Collection Services on the holiday, the Contractor shall provide Collection
Services for such residential units on the day after the scheduled day, or on a
make-up day approved by the Contract Administrator.
If a holiday occurs on a scheduled day for Collection Services, Contractor shall
provide Collection Services for Special Event on the holiday and shall not be
required to provide other Collection Services. For Commercial Service Units, City
Facilities, and Multi -family Service Units that would have received Collection
Services on the holiday or during the remainder of the week, the Contractor and
the customer shall mutually decide on the day to reschedule Collection Services.
In the event of a dispute, the Contract Administrator shall have the sole authority
to make the final determination.
3.9.3 Transition Plan: The Contractor shall provide to the City's Contract Administrator,
a transition plan at least 60 days prior to the beginning of the Contract term. The
transition plan shall detail the methodology for contract start-up, including route
maps and other operational considerations related to the start-up of the
Agreement.
3.10) Continuity of Operations During and After a Natural Disaster
If the City declares a natural disaster, the Contractor shall discontinue Collection Services if
instructed in writing or verbally by the Contract Administrator. The Contractor shall not
recommence Collection Services until instructed in writing or verbally by the Contract
Administrator.
The Contractor shall submit a complete Continuity of Operations Plan to the City,
describing the contractor's emergency contact information and its plan for operations in the
event of a natural disaster. The initial Continuity of Operations Plan shall be submitted to the
City at the same time as the Transition Plan. Thereafter, the Continuity of Operations Plan
shall be updated annually, and submitted to the City on the anniversary of this agreement.
During the fourteen (14) day period following recommencement of Collection Services, the
Contractor shall collect an unlimited amount of properly bagged residential Yard Waste
(expected to consist of primarily leaves and branches). Hauler will not be responsible for
collecting disaster debris which includes, but is not limited to, stumps, uncut and unbundled
branches, roofing material, building materials, white goods, or other material that will
normally be expected to be collected by a disaster recovery contractor.
3.11) Designated Facilities and Alternate Facilities
The Contractor shall deliver and dispose of all Solid Waste collected in the City at a
Designated Facility.
The Contractor shall deliver all Recyclables / Recovered Materials collected from
Residential Service Units, City Facilities, and special events in the City to a Designated
Facility. There is no requirement concerning the delivery to a Designated Facility for
Recyclable / Recovered Materials collected from Commercial Service Units, The City shall
retain all payments for the sale of residential Program Recyclables provided through its
agreement with the Resource Recovery Board or any successor.
The Contractor shall deliver all Yard Waste and bulk waste collected from Residential
Service Units, City Facilities, and special events in the City to a Designated Facility or to an
alternative facility approved by the City that is permitted by the State of Florida.
The City reserves the sole right to change the designated disposal facility or to revoke the
approval of an alternative facility. If the City changes the designated disposal facility to
another disposal facility located within Broward County, Florida, neither the City nor the
service units shall be required to provide financial compensation to the Contractor. If the
City changes the designated disposal facility to another disposal facility located outside
Broward County, the City and the Contractor shall adjust the rates as set forth in Section
3.19 of this Agreement in accordance with the increase in cost of providing Collection
Services as documented by the Contractor and mutually agreed upon by the City and the
Contractor.
The City reserves the sole right to change the designated Recycling recovered Materials
facility. If the City changes the designated Program Recyclables facility to another
recovered materials facility located within Broward County, Florida, neither the City nor the
service units shall be required to provide financial compensation to the Contractor. If the
City changes the designated recycling /recovered materials facility to another Program
Recyclables facility located outside Broward County, Florida, the City and the Contractor
shall increase the rates as set forth in Section 3.19 of this Agreement in accordance with the
increase in cost of providing Collection Services as documented by the Contractor and
mutually agreed upon by the City and the Contractor,
3.12) Customer Service and Complaint Resolution
The Contractor shall provide a high quality level of Collection Service. The Contract
Administrator shall decide any and all questions that may arise concerning the quality and
acceptability of the work and services performed by the Contractor, the manner of
performance, the rate of progress of said work, the interpretation of the provision of the
Agreement, and the acceptable performance of contract duties. In addition, the Contract
Administrator shall determine the amount, quality, and character of the work performed.
The Contractor shall have the right to appeal any decision or findings of the Contract
Administrator to the City Commission, whose findings and conclusions shall be final and
binding.
The Contractor shall maintain a Customer Call Center located within Broward County for the
initial term and any renewal term of this Agreement. The Contractor shall ensure the
Customer Call Center has live personnel answering phones at a minimum during the hours
8:00 AM and 5:00 PM on Monday through Friday.
After 5 PM or on weekends and Holidays calls may be answered by a voicemail system. If a
call is answered by a voicemail system, Contractor shall ensure all voicemails left after 5:00
PM on the weekend or Holiday shall be returned by 10:00 AM the following business day.
The Contractor shall ensure all missed collections reported before 12:00 PM on a business
day shall be serviced by the close of the business day. The Contractor shall ensure all
missed collections reported after 12:00 PM shall be serviced by 10:00 AM, the following
business day. Complaints of missed collection that are cured on the same day shall not be
assessed administrative charges.
The Contractor shall track suspected late set -outs and report same to the City in a manner
that is acceptable to the City.
The Contractor shall maintain a customer contact/com plaint log that documents the date
and time of the call; customer name address and phone number; reason for call/complaint;
and resolution of call/complaint.
For complaints excluding missed collections, Contractor shall ensure all complaints shall be
resolved within a 24 hour period.
In order that the City may be informed of the quality of service, the Contractor must enter
into the City's electronic tracking system all calls regarding complaints, requests and
compliments from the residential and commercial customers. This system is provided for
the City and the Contractor to record all complaints and resolutions of said complaints or
inquiries of service for inspection by the City, All complaints whether received in person, by
email, mail, or telephone, shall be recorded into the electronic tracking system as received.
3.13) Contractor's Personnel
Contractor shall have a competent and reliable representative on duty that is authorized to
make decisions and act on its behalf. Contractor agrees that City shall have twenty-four (24)
hour access to said representative via a non -toll call from City, Contractor shall conduct a
background criminal check on Contractor's representative assigned to this contract.
Contractor shall have a minimum of one (1) permanent full time Route Supervisor dedicated
to the City. Route Supervisor shall be scheduled to respond Monday through Friday, 7:00
AM to 6:30 PM. Contractor shall provide relief personnel coverage by qualified personnel
when the permanent Route Supervisor is off. Contractor shall provide City with Route
Supervisor's phone number and email address so contact can be made directly when
required. Contractor shall conduct a background criminal check on Contractor's Route
Supervisor assigned to this contract. Route Supervisor shall:
(i) Be equipped with and respond to collection related issues received from City from the
field via a laptop computer with wireless internet access card, or with a hand held data
device such as a smart phone.
(ii) Be equipped with a cellular phone for communications with City and customers to
immediately return phone calls to City and customers.
(iii) Be in a company uniform and carry company identification credentials.
(iv) Utilize a company vehicle to respond and meet with customers.
(v) Participate in asset protection by ensuring all Bins and Carts are out of the street, lids
closed and are properly being used by customer.
(vi) Be responsible to tag Bins and Carts, pull Bins and Carts back, and leave informational
flyers on front door to notify customer the reason why the bin or cart was not serviced.
(vii) Be responsible to identify overflowing Containers and contact City to notify City of
overflowing Containers,
(viii) Be responsible to respond to complaints on the same day complaint is received up to
6:30 PM regardless of when the Collection Services personnel complete the route.
(ix) Replace lost or damaged Bins and Carts that are in need of repair or replacement and
assist customers by passing out and explaining program information.
(x) Be required, upon the request of City, to conduct route audits to verify information
regarding Bins, Carts, and Containers per customer.
(xi) Have strong public relations skills, be able to effectively deal with angry or difficult
customers, be able to successfully solve problems while protecting City's interest, highly
motivated, dedicated, dependable, resourceful, and ability to establish positive
relationships with City and the general public.
(xii) Attend periodic meetings with City, at a place and time determined by the City, to
discuss and evaluate Collection Services, solve performance related issues, provide
input, and share information, to ensure delivery of quality service.
(xiii) Be required, upon the request of City, to attend public meetings, with City, to explain
or promote Collection Services.
(xiv) Be required, upon the request of City, to perform duties related to Coll ection Services.
Contractor shall assign a qualified Person or Persons to be in charge of its operations within
City, and shall provide the name, office telephone number, mobile phone number, email
address, and fax number of Contractor's representatives and key personnel to Contract
Administrator. Such records shall be updated as personnel or contact information changes.
In addition, Contractor shall adhere to the following requirements:
(i) Contractor shall hire and maintain qualified personnel to provide Collection Services
under this Agreement. If deemed qualified, Contractor is encouraged to hire City
residents to fill vacant positions at all levels. Contractor shall conduct a background
criminal check on all employees assigned to this contract.
(ii) Contractor shall furnish each employee involved in the performance of this Contract
with a uniform and safety vest, shirt or jacket which clearly displays the name of
Contractor. Such uniforms and safety equipment shall make the employee readily visible
to other motorists, Contractor's employees shall wear complete uniforms and safety
vest, shirt or jacket at all times. All safety equipment and procedures shall meet all
federal OSHA, state and local safety requirements.
(iii) Contractor shall provide regularly scheduled, on -going operating and safety training for
all employees. In addition, Contractor's employees shall be trained to perform their
duties to maximize City's Program Recyclables rate, minimize contamination, and
promote Recycling / Recovery at all times. Such meetings shall be mandatory for all
Collection and supervisory personnel, and held not less than once per month. All
temporary and newly hired permanent Collection personnel must receive comprehensive
safety and operational training prior to working on the Collection vehicles. Training
manuals and schedules shall be maintained at the local office of Contractor and
available for review at any time by Contract Administrator.
(iv) All employees involved in the performance of this Agreement including office and all
Collection personnel, must be provided adequate training before and during their
employment with Contractor. This training shall familiarize employees with the required
duties and standards of performance, specific requirement on routes to which they will
be assigned, teach the route layouts previously established and approved, and provide
necessary knowledge to eliminate delays and missed Collections. All supervisory and
Collection employees must be provided comprehensive safety training, equipment, and
supplies prior to and during the performance of their duties. All Collection,
administrative, supervisory and customer service personnel must receive customer
service training prior to and during the time they are employed by Contractor.
(v) Contractor's employees shall treat all customers, co-workers, City employees and any
individual with whom they come in contact in the performance of their duties in a polite
and courteous manner, Rudeness, belligerence, and the use of profanity are strictly
prohibited. Contractor's employees shall not solicit, accept or encourage tips, gratuities,
gifts or anything of value including promises to return after hours to perform Collection
Services or accept any payments whatsoever on behalf of City while performing duties
under this Agreement. Contractor's employees shall not scavenge.
(vi) In performance of Collection Services, Contractor's employees must adhere to
municipal, City, State and federal laws.
City reserves the right to make a complaint regarding any employee of Contractor who
violates any provision herein, or who is wanton, negligent or discourteous in the
performance of his/her duties. City may recommend appropriate action be taken by
Contractor and may require Contractor to remove any unacceptable employee, as
determined by City, from service to City. City reserves the right to have Contractor remove
employees who fail to meet these criteria from services related to this Agreement.
3.14) Equipment
3.14.1 The Contractor shall provide, maintain, and have available at all times the
necessary amount of Collection Services vehicles, Program Recyclables Bins,
Solid Waste Carts, Recycling / Recovered Materials Carts, Dumpsters,
Compactors, and Containers in proper condition, as determined by the Contract
Administrator, to perform the services to the City pursuant to this Agreement.
3.14.2 Contractor shall be solely responsible for the purchase and provision of all
Collection Services vehicles, Recycling / Recovered Materials Bins, Solid Waste
Carts, Recycling / Recovered Materials Carts, Dumpsters, Compactors,
Containers, and other equipment for the provision of Collection Services
pursuant to this Agreement. All such units provided shall be new. This provision
in no way limits the Multi -family Service Unit's or Commercial Service Unit's right
to purchase their own Compactors for provision of Collection Services pursuant
to this Agreement.
3.14.3 Contractor, at its sole cost, shall distribute Recycling / Recovered Materials Bins,
Solid Waste Carts, Recycling / Recovered Materials Carts, Dumpsters,
Compactors, Containers, and other equipment to customers within three (3)
calendar days of the request of the City. Contractor shall attach a Program
Introduction Notice to each bin(s) and cart(s) delivered. The Contract
Administrator shall have the sole discretion in determining the appearance of
Collection Service Bins, Carts, and Containers. The size, construction, and
appearance of new Bins, Carts, and Containers shall be approved by the
Contract Administrator, whose approval shall not be unreasonably withheld.
3.14.4 Contractor's employees shall take care to prevent damage to Bins, Carts, and
Containers by unnecessary rough treatment. Contractor shall be solely
responsible for Bins, Carts, and Containers purchased by Contractor.
3.14.5 Contractor shall be solely responsible for the storage of replacement Bins, Carts,
and Containers for Collection Services.
3.14.6 Upon notification to Contractor by Contract Administrator or a customer that a
bin, cart, or Containers has been lost, destroyed, stolen or that it has been
damaged beyond repair, Contractor shall deliver a replacement Bins, Carts, and
Containers to such customer within three (3) business days at no cost to the City.
3,14.7 All Multi -family and Commercial Containers and Compactors provided by the
Contractor shall be maintained in good condition as determined by the City, and
shall be painted, and neatly labeled with the Contractor's name, telephone
number, and size of Container. The storage capacity shall be suitable for the
amount of waste generated by the customer.
3.14.8 The Contractor shall provide, maintain, and have at all times a fleet of collection
vehicles, including spare vehicles of sufficient number and type to provide all
services described in the Agreement. At the start of the Agreement, no vehicle
shall be more than five (5) years old. During the term of this Agreement, no
vehicle with an age older than 10 years shall be used on City routes without the
expressed written consent of the Contract Administrator. The Contractor shall
provide a list of vehicles (including make, model, and year of manufacture)
assigned to the City at the start of the Agreement, and annually on its
anniversary. The Contractor shall notify the Contract Administrator immediately
of any temporary or permanent assignment of equipment to the City, The
Contractor is not required to assign dedicated equipment to service the City. All
Solid Waste, Yard Waste, Recyclable / Recovered Material, Bulk Waste and any
other material collected from City Residential Service Units shall be delivered to
the designated facilities in discrete loads containing only City material. All City
generated Multi -family and Commercial Solid Waste will be identified upon
delivery to the Designated Facilities.
3.14.9 The Contractor shall regularly maintain all vehicles in good repair, appearance,
and in a clean and sanitary condition. All vehicles shall be maintained regularly
in a manner to prevent discharge of collected material, vehicle fluids, and
emissions into the environment and to maintain compliance with applicable noise
ordinances. A maintenance log shall be maintained on all vehicles and made
available to the Contract Administrator upon request. At the Contract
Administrator's sole discretion, the Contractor may be required to remove from
service in the City any collection vehicle regularly and repeatedly failing to
perform in a satisfactory manner. Unsatisfactory vehicle performance includes,
but is not limited to:
(i) Failure to complete a route due to mechanical breakdown five (5) times in any
consecutive twelve (12) month period.
(ii) Discharge of vehicle fluids due to mechanical failure five (5) times in any
consecutive twelve (12) month period.
(iii) Excessive emissions or equipment noise either observed by the Contract
Administrator or for which complaints are received on five (5) separate days
during any consecutive twelve (12) month period.
(iv) Discharge of leachate or litter due to mechanical failure five (5) times in any
consecutive twelve (112) month period.
3.14,10 The Contractor shall paint all Collection Service equipment in a manner approved
by the Contract Administrator. In addition, the Contractor shall paint all collection
vehicles with, at a minimum, the name of Contractor, customer call center
telephone number and the unique identification number of the vehicle in letters
not less than six (6) inches high on each side and the rear of the vehicle. All
Collection Services vehicles shall be cleaned and disinfected regularly, but not
less frequently than weekly.
3.14.11 The Contractor shall assign a unique number to each Collection Services
vehicle. In addition, the Contractor shall maintain a current record of the vehicle
to which each number is assigned at all times during the initial term and any
renewal term of this Agreement.
3.14.12 The Contractor shall equip each collection vehicle, including spare vehicles, with
a spill kit including a broom, dust pan, and other items necessary to clean up
spillage, litter and leakage. In addition, the Contractor shall train all employees on
the proper procedure for cleaning up spillage, litter, and leakage.
3,14,13 The Contractor shall equip each collection vehicle, including spare vehicles, with
a radio capable of communications with the Customer Call Center and
Contractor's local office.
3.14.14 Deliveries: In the event that the City requires the Contractor to deliver equipment
or supplies to any location within the City by either the successful proposer or by
sub -contractors, such products shall be delivered to the specific address. All
delivery costs and charges must be included, and no additional charges shall be
assessed to the City.
3.14.15 Warranties: All front, side or rear load Solid Waste Containers and Recycling
Recovered Materials Carts, as well as other equipment supplied by the
Contractor for single family, multi -family or commercial use in conjunction with
this Agreement shall be new at the start of this agreement, warranted for their
merchantability, fit for a particular purpose, free from defects and consistent with
industry standards. The products, which include but are not limited to all bins,
carts, and containers, shall be delivered to all sites within the City in excellent
condition. The City reserves the right to approve all equipment supplied to on -site
locations under this Agreement. In the event that any of the products supplied to
the City are found to be defective or do not conform to the specifications, the City
reserves the right to require Contractor to pick-up defective or non -conforming
equipment at no cost to the City.
3.14.16 Copyrights or Patent Rights: Contractor warrants that there has been no
violation of copyrights or patent rights in manufacturing, producing or selling
the goods shipped or ordered as a result of this bid. The seller agrees to hold
the City harmless from all liability, loss or expense occasioned by any such
violation.
3,14,17 Safety Standards: Contractor warrants that the product(s) supplied to the
City shall conform in all respects to the standards set forth in the Occupational
Safety and Health Act of 1970 as amended, and shall be in compliance with
Chapter 442, Florida Statutes as well as any other applicable industry or
government standards or regulations.
3.14.18 Inspection: The City shall have the right to inspect any materials,
components, equipment, supplies, services, all Contractor facilities (such as
vehicle yards, customer service office, dispatch office, etc.), or completed
work specified herein. Any of said items not complying with the requirements
of this proposal may be grounds for remedial actions to be taken by the City,
including the development of corrective action plans, withholding of payments,
administrative charges, or ultimate termination of Agreement at the option of
the City. Any expenses incurred by contractor to correct a deficiency under
the Agreement shall be borne by the contractor. Any Carts or other
commodity or equipment items rejected shall be removed from the premises
of the City and/or replaced with an acceptable commodity or equipment item
at the entire expense of the successful proposer. Any corrective actions
resulting from deficiencies by the contractor shall be provided to the
contractor in written form by the City.
3.15) Recordlikeeping, Reporting, Audit and Inspection Rights
3.15.1 Access and Audits: The Contractor shall maintain within Broward County adequate
records of the solid waste collection and/or Recovered Materials services during the
fiscal year and for three years following the end of each fiscal year of the Contract.
The City shall have the right to review all records, including recording and
recordkeeping requirements, maintained by the Contractor during normal business
hours upon twenty-four (24) hours notice.
3.15.2 The Contractor shall provide the City with a review of the Revenue and Expense
Financial Statement representing the financial results of operations. The review
must be performed in accordance with Statements on Standards for Attestation
Engagements and Related Interpretations promulgated by the American Institute of
Certified Public Accountants The annual review shall be delivered to the City
within one hundred and twenty (120) days of the twelve (12) month period ending
the Contractor's fiscal year. The audit can be limited to the entity actually providing
services.
3.15.3 No rate adjustments of any type will be granted to the Contractor unless all required
audits and cost statements have been filed in a timely manner.
3,15.4 As required in Section 3.15.1, the Contractor shall create, maintain, and make
available records as defined in, and required by, all applicable local, state, and
federal laws, rules and regulations, and any reports as are reasonably necessary
to:
(i) Document collection of materials, source of materials, time delivered to
Designated Facility, and other information as requested by the Contract
Administrator. For Residential Solid Waste the report shall indicate monthly
residential material collected in tons by material type (e.g., Solid Waste, Yard
Waste, Recyclable / Recovered Materials, Bulk Waste, etc.). For Commercial
Service Units the report shall include cubic yards of material collected and tons
of material disposed. For City facilities, the report shall include cubic yards of
material collected and tonnage of material disposed by material type (e.g. Solid
Waste, Recovered Materials).
(ii) Document missed collections, late set -outs and improper set -outs on a daily
basis including the address, time and date for each and the reason and notice for
the improper set -outs.
(iii) For Commercial Service Units document customer accounts including the
name of business, contact name and phone number, address, type of Collection
Services, frequency for each Collection Service, and number and size of Bins,
Carts, Dumpsters, Compactors, and Roll -offs for each customer.
(iv) Document overflowing Containers, special pickup requests, and other
additional services provided.
(v) Document customer contact or complaints.
(vi) For residential curbside recycling / recovery, Contractor shall establish a
method approved by the City to estimate and report set -out rates.
(vii) Such other documents and reports as the Contract Administrator may
reasonably require to verify compliance with this Agreement or to meet the City's
reporting requirements with the State of Florida.
(viii) 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.
(ix) A summary table of delivery ticket information from each facility must be attached
to the monthly reports.
3,15.5 Reporting Requirements
(i) The Contractor shall submit monthly reports by the 15th of the following month. in
an electronic format approved by the Contract Administrator summarizing the
records the Contractor is required to create, maintain, and make available to the
City pursuant to this Agreement.
(ii) The Contractor shall submit annual reports in an electronic format approved by
the Contract Administrator within thirty (30) calendar days following the end of
the contract year summarizing the records the Contractor is required to create,
maintain, and make available to the City pursuant to this Agreement.
3.15.6 Inspection Rights
The Contractor shall consent to inspection of loads by the City or the Broward
Solid Waste District.
3.16) Interpretation of Performance and Administrative Charges
The Contract Administrator shall decide any and all questions which may arise concerning
the quality and acceptability of the work and services provided by the Contractor, the
interpretation of the provisions of the Agreement, and the acceptable fulfillment of
Contractor's duties under the Agreement. The Contractor shall have the right to appeal any
decisions or findings of the Contract Administrator to the City Commission, whose findings
and conclusions shall be final and binding.
The City may assess the below administrative charges and the Contractor shall be
responsible for the administrative charges listed below pursuant to the requirements of
Section 3.12 of this Agreement "Customer Service and Complaint Resolution":
(i) Missed Collection - $25 for each missed collection above two (2) misses per calendar
day. Missed collections that are cured on the same day will be counted as missed
collections, but they will not be assessed administrative charges.
(ii) Minor failures to provide services in accordance with this agreement including, but not
limited to, failure to return containers to proper location, failure to close container
enclosures, failure to provide required reports, failure to leave an improper set -out
notice, distributing containers without labels - $50 per incident.
(iii) Failure to adequately maintain or repair equipment or repair damaged property
includes vehicle leaks, trucks leaving skid marks, failure to replace damaged garbage
cans, failure to repair property damage in accordance with this agreement, or other
performance failures as so determined by the Contract Administrator $150 per
occurrence, including the completion of appropriate repairs to resolve the problem(s).
(iv) Major failure to perform service in accordance with this agreement including, but not
limited to, deviating from collection times or schedules without prior approval,
commingling of materials, failure to respond to a customer complaint in the appropriate
time -frame, failure to pick-up spilled litter or garbage, failure to provide a complete
monthly report, annual report, or other required report to the City - $500 per occurrence.
In addition to the above charges:
(1) A $1,000 administrative charge shall be levied for three (3) or more verified complaints
received from the same address in one month.
(ii) A $500 administrative charge shall be levied for three (3) or more verified complaints
received from the same address in three (3) months.
(iii) A $500 administrative charge shall be levied for each week where ten (10) or more
verified complaints are received in one week.
(iv) A $1,000 administrative charge shall be levied if more than 200 complaints are
received in any period of 52 weeks or less. This charge may be assessed in any given
week if complaints accrue to this rate for any prior 52 week period
3.17) Rates, Billing Procedures, Payments, and Franchise Fees
The Contractor shall charge the rates as specified in the fees structure contained in
Appendix A. The Contractor shall not charge any fees other than those specified in the rate
structure in Appendix A or as specifically authorized by this Agreement.
3.17.1 Residential and Commercial Services:
(i) The City currently bills residential customers via the water bill.
a) The City shall be solely responsible for the billing of the standard
level of services for residential service units. Standard level of
services shall include collection from each residential service unit
except for additional costs for back -door Collection Service and
additional collections of Bulk Waste from a residential service.
b) The Contractor shall submit an application for payment to the City
detailing the work performed for the month. The application shall
include the monthly report described in Section 3.15 herein.
c) For amounts billed by the City, City shall pay the Contractor based
on accounts receivable less administrative charges, less any other
amounts due, and less Franchise Fees of $1,200,000, payable in
12 equal monthly installments equal to $100,000 per month.
d) Payment to the Contractor, less any liquidated damages or
administrative charges levied by the City, will be made 30 days
following receipt of a properly completed invoice
e) In the event the City elects to convert to the tax bill method, then
residential billing will occur annually via the tax bill. The stipulations
identified in 1. through 4. above shall remain the same regardless of
method of collection.
(ii) The Contractor will be responsible for billing and collection of all
commercial accounts as provided in Commercial Collection Services.
a) The Contractor shall pay the City a Franchise Fee of $600,000,
payable in 12 equal monthly installments equal to $50,000.
b) The Contractor shall include Franchise Fees in its operating fees
as a part of the pricing shown herein, and the Contractor shall not
separately identify Franchise Fees on any billing statements.
(iii) All pricing for Fiscal Year 2011 shall be the same as provided in the
Pricing Template.
3.17.2 Refuse collected by the Contractor is currently disposed of at the
Wheelabrator plant locations as indicated in Section 3.29 "City Designated
and Authorized Facilities" of this Agreement, as specified by Broward County.
The City will be responsible for payment of disposal fees charged by the
County to the City. Other permitted and approved disposal facilities may be
used by the Contractor after receiving written approval from the City. If
Broward County or other approved disposal facilities, raise or lower the
disposal tipping fees, the City may adjust the cap, as described in Section
3.17.3, paragraph (b) below.
3.17.3 Disposal Costs and Payments
(a) Residential collection and transportation service costs shall be paid by the
City separately from the disposal component costs under this Agreement,
Payments to the Contractor for all collection and transportation service are
set forth in the Contractor's pricing matrix, included herein as Exhibit "2",
"Price Rate Matrix".
(b) Residential disposal costs shall be billed directly by Broward County to the
City and paid directly by the City to Broward County. The Contractor shall
guarantee that the City will not be responsible for tipping fees to Broward
County, or any other permitted and approved disposal facility, over and
above the generation rate provided by the City, and in no case shall the
City be responsible for disposal fees in excess of the annual cap of
$1,700,000 based on the calculation of the current tipping fee multiplied by
the then current 5 year average tonnage for residential customers reported
on a per resident basis from FY2005 through FY2009. Based on this
information the average tonnage for residential customers is calculated to
be 1 ton . The tipping fee to be utilized for purposes of payment shall be the
most current fee as reported by the Broward County Resource Recovery
Board. (The tipping fee as of October 1, 2010 is $99.20 /ton). During the
first year of the Agreement, Contractor shall closely monitor the actual
tonnage delivered to the approved disposal facilities, and the City shall
have the right to adjust the estimated tonnage and the annual cap based on
the actual data received.
Additionally, upon completion of the first year of this Agreement, the annual
cap amount may be changed, not more often than one time annually based
upon the percentage of any increase or decrease in the units as reported
by the Broward County Resource Recovery Board, from the units described
in the initial contract. This amount shall also be changed upon the effective
date, and by the percentage, of any increase or decrease in disposal fees
from the rates in effect at the inception of this contract. Disposal payment
amounts made by the City to Broward County or other approved disposal
sites that exceed the specified annual cap shall be deducted from the City's
monthly payments to the Contractor.
(c) Excessive Disposal costs generated by declared disaster events, such as
but not limited to natural disasters, will not be considered part of the
disposal cost guarantee determined by the City, Excessive disposal costs
from declared disasters will be defined as tonnage greater than the average
number of tons for the same month(s) of the 2 preceding non -storm event
years as detailed on the City's tonnage reports.
3.17.4 Franchise Fee: To compensate the City of Tamarac for the grant of exclusive
collection services and the cost of administration, supervision and inspection
rendered for the effective performance of this Agreement, the following terms
and conditions of the franchise fee shall prevail:
(i) The Contractor shall guarantee a minimum annual Franchise Fee
payment of $1,800,000 upon full implementation of commercial solid
waste collection services. Until such time as full implementation takes
place, the minimum annual Franchise Fee shall be $1,200,000 for single
family and multi -family service, plus 20% of commercial solid waste
revenue collected. The term "full implementation" shall mean that period
of time following the conclusion of any three years' notice period which
may be applicable pursuant to Section 403.70605, Florida Statutes, which
is currently October 27, 2013.
(ii) The Franchise Fee is comprised of estimated revenue of $1,200,000
based on current projections for single family and multi -family solid waste
collection, transportation and disposal based on a franchise fee of 20%;
and,
(iii) Upon full implementation of commercial solid waste collection, estimated
revenue of $600,000 shall be paid to City based on current projections for
commercial solid waste disposal based on a franchise fee of 20%. Until
such time as full implementation takes place, Contractor shall pay to the
City all commercial franchise fees based on solid waste revenue
collected; payments shall be monthly in arrears.
(a) The minimum annual Franchise Fee payment shall be
annually increased by the same Rate Adjustment factor
described in Section 3.19.
(b) A late charge of one and one half percent (1.5%) of the
monies due for the franchise fee shall be calculated
monthly until payment is received.
3.17.5 Tipping/Disposal Fees: The City is responsible for all residential tipping and
disposal fees for residential accounts only to the extent provided under Section
3.17.2 herein.
3.17.6 The Contractor agrees that the City shall deduct the monthly cost of $250,00 for
the City's web based tracking system from the payments due the Contractor.
3.18) Contract Administration and Preparation Costs
Contractor understands and agrees that the cost of the proposal process is a part of the
cost of providing Collection Services and thus a responsibility of the Contractor, and even
though such costs in the amount of $48,000 were expended by the City, the expenditure
was for the benefit of the Contractor. Accordingly, the contractor agrees that any and all
monies due the Contractor for the provision of services underthis contract up to an amount
of $48,000 will be credited against the Contractor's initial monthly invoice.
3.19) Rate Adjustments
In May 2012 and annually thereafter, the City shall adjust the Collection Component
based on the percentage change in the previous year's Consumer price Index (CPI) as
of April 30. The Fuel Component shall be annually adjusted based on the change in the
Fuel Index. The total Collection Component and Fuel Component increase or decrease
in a given year shall not exceed five percent (5.0%). The change shall go into effect on
October 1 of each fiscal year
The CPI adjustment shall be based on the average CPI for All Urban Consumers (not
seasonally adjusted, South urban, all items) published by the United States Department
of Labor Bureau of Labor Statistics, for the most recent April 30, as compared to the
preceding April 30. The Fuel Index adjustment shall be based on the percentage
change in the average fuel prices published by the United States Department of Energy,
Energy Information Administration, for Lower Atlantic PADD 1 C (No, 2 Diesel Low Sulfur
Commercial Prices by All Sellers) for the most recent April 30, as compared preceding
April 30 .
Example: CPI Change = 2.00%, Fuel Index Change = 5.00%
Collection Component = 1 .00 (old rate) X 2% increase = $1.02
Fuel Component = 0.25 (old rate) X 5% increase = $0,2625
Net increase = $1.2825 / $1.25 = 2.6% price increase
The disposal fee shall be adjusted if the tipping fee at the Disposal Facility is increased
or decreased during the term of this Agreement (including any renewal of this
Agreement).
Old Disposal Fee x (New Tipping Fee/Old Tipping Fee) = New Disposal Fee
Example:
Example: Disposal Fee= $13.39 Old Tipping Fee = $99.20 New Tipping Fee = $75
New Disposal Fee = $13.39 x $75/$99.20 = $10.12
The City reserves the right to adjust the Residential Waste Generation Factor (described on
the pricing page) during the life of the Agreement by conducting a waste generation study to
determine the tons of Solid Waste produced annually by each residential unit. Contractor
may request a generation study, but the City shall solely choose the firm to conduct the
generation study, and the Contractor shall reimburse the City for the study within 30 days of
completion. The Contractor may observe and comment on the study findings, but the
Contract Administrator shall be responsible for final interpretation of the study.
Contractor may petition City to adjust the rates listed based upon unusual and
unanticipated increases in the cost of conducting business, including, but not limited to,
changes in laws or regulations. Any such petition shall be supported by documentation
establishing the increase in operating costs and the reasons therefore. City may, after
examination, refuse to accept the adjusted costs if they are not properly documented,
increases are considered excessive, decreases are considered insufficient, or for any
other reason.
If any of the indexes indicated in this section cease to be published, the City shall
determine suitable substitutes.
3.20) Public Education Activities
The Contractor shall create with input from the City a program introduction notice, improper
set -out notice, and annual program reminders. The semi-annual program reminders shall
address issues including recycling / recovery, hurricane debris management and
preparedness, and illegal dumping.
The Contractor shall reproduce and distribute at its sole expense the program introduction
notice, improper set -out notice, and semi-annual program reminders.
The Contractor shall distribute the program introduction notice upon commencement of the
Agreement and upon the delivery of Solid Waste Carts or Recycling / Recovered Materials
Bins or Carts to a residential service unit (if applicable).
The Contractor shall distribute the improper set -out notice upon identification of an improper
set -out.
The Contractor shall distribute the program reminders to each residential service unit and
Commercial Service Unit twice per year during two times per year decided by the City.
3.21) Title to Waste
The City shall retain ownership of Program Recyclables excluding commercial Program
Recyclables upon collection by the Contractor from the residential service unit, City Facility,
or special event.
The Contractor shall retain ownership of Solid Waste, Bulk Waste, and Yard Waste upon
collection from the residential service unit, Commercial Service Unit, City Facility, or special
event. The Contractor shall assure delivery of collected materials to the Designated
Facilities as required in this scope of work.
3.22) Prohibition on Commingling of Materials
The Contractor shall not commingle Recyclable / Recovered Materials with Solid Waste,
Bulk Waste, Yard Waste, or other material.
The Contractor shall not commingle Yard Waste with Solid Waste, Recyclable / Recovered
Materials, Bulk Waste, or other material. The Contractor may commingle Yard Waste with
Solid Waste or Bulk Waste if approved by the Contract Administrator.
3.23) Addition or Deletion of Recyclable / Recovered Materials
The City reserves the sole authority to add or delete Recyclable / Recovered Materials from
the Collection Services. If the City adds or deletes Recyclable /Recovered Materials from
the Collection Services, neither the City nor the service units shall be required to provide
financial compensation to the Contractor. Recyclable / Recovered Materials required to be
collected will be limited to those accepted at the designated recovery facility.
3.24) Spillage, Litter and Leakage
The Contractor shall maintain all equipment, including vehicles, Bins, Carts, Dumpsters,
Compactors and Roll -offs, in good working conditions as to prohibit spillage, litter and
leakage.
During transport, the Contractor shall ensure all materials shall be contained, covered and
enclosed so that spilling, littering and leakage do not occur.
Contractor shall be responsible for the cleanup of any spillage, litter, or leakage caused by
Contractor, Contractors vehicles or the Contractor's employees, Contractor shall perform all
clean-ups immediately. Upon discovery of any spillage, litter, or leakage, the contractor shall
immediately notify Contract Administrator and shall clean up spillage, leakage, or litter within
two (2) hours of the discovery. If notified by the Contract Administrator of spillage, leakage,
or litter, the Contractor shall clean up the spillage, leakage, or litter within two (2) hours of
notification, and provide a written summary of corrective action taken to the Contract
Administrator immediately following the implementation of such corrective action(s)
3.25) Damage to Property
The Contractor shall respond to complaints regarding property damage on City or private
property damaged by the Contractor, Contractor's employees, or Contractor's equipment
within forty-eight (48) hours of notice of the property damage, including replacement of lost
or damaged garbage cans. The Contractor shall perform such repairs and replacements
with comparable materials acceptable to the owner of the property. Contractor shall repair or
replace mailboxes or other property damage within 5 days, or a longer time if approved by
the customer that was affected. If the Contractor fails to repair or replace the damaged
property in accordance with this Agreement, the City reserves the right to perform such
repair or replacement and bill the Contractor for any and all costs for such resolution
including a 50 percent administrative fee. Damage assessments will be determined at the
City's sole discretion; however, investigations may be conducted by the City and/or hauler.
3.26) Permits, Licenses, Taxes and Fees
The Contractor shall be solely responsible for obtaining and maintaining, including fees and
taxes associated with, all required permits and licenses to conduct the provision of services
pursuant to this Agreement.
The Contractor shall be solely responsible for all taxes associated with the provision of
services pursuant to this Agreement.
3.27) Performance and Payment Bonds
Contractor, within fifteen (15) business days following written notice of award by the City
Commission, shall be required to submit performance bonds and/or payment bonds, The
Contractor shall furnish to the City a performance/payment bond(s) equal to 50 percent of the
annual value of the Agreement. The Contractor will be held responsible for renewal of the bond
for each successive renewal term of the Agreement. The bond(s) must be executed by a surety
company of recognized standing, authorized to do business s in the State of Florida and having
a resident agent. The bond shall be signed by a Florida Licensed Resident Agent who holds a
current Power of Attorney from the surety company issuing the bond. The surety company shall
have a minimum Best's policy hold rating of "A" and required financing rating of Vill from Best's
key rating guide. Subject bond(s) will cover the entire contract amount,
3.28) Quality Standards Program
The VISION of the City of Tamarac is to lead the nation in quality of life through safe
neighborhoods, a vibrant economy, exceptional customer service and recognized
excellence.
The City of Tamarac's MISSION is to foster and create an environment that responds to
customers, creates and innovates, works as a team, achieves results and makes a
difference while subscribing to the values of vision, integrity, efficiency and quality of
service. In summary, the City is committed to excellence ... always!
To assure City quality standards are met the following quality program will be followed:
City and Contractor shall meet once each month to review the customer contact/complaint
log and the Contractor's performance. The expected quality standards may be modified from
time -to -time at the direction. At a minimum, the quality standards include:
(i) Complaints — it is the City's intent that the Contractor shall provide a high level of
service — complaints shall not exceed 2.5 per 1,000 customers per month;
(ii) Administrative charges — no administrative charges shall be charged each month;
and,
(iii) Reports of damage — no property damage shall be reported each month
If the hauler fails to meet these performance standards, the Contract Administrator may
require that a performance improvement plan be developed and implemented by the hauler.
3.29) City Designated and Authorized Facilities
Contractor shall deliver all Solid Waste collected to the following facility:
Wheelabrator Waste -to -Energy Plants in Broward County:
South Plant: 4400 South SR 7, Ft. Lauderdale, FL 33314
North Plant: 2600 NW 48th St., Pompano Beach, FL 33073
Contractor shall deliver all Recyclable / Recovered Materials collected from Residential
Collection Services and City Collection Services to the following facility:
Waste Management, Inc, of Florida
Reuters MRF
20701 Pembroke Road
Pembroke Pines, FL 33029
Contractor may deliver material to a City approved transfer station that delivers material to
the Designated Facilities,
The City reserves the right to modify the designation of the Disposal Facility and/or
Recyclable / Recovered Materials Processing Facility as allowed by the Agreement.
The Contractor shall be responsible for delivering Yard Waste to a properly licensed and
permitted facility whose use has been authorized by the City. The Contractor shall provide
adequate information to the City for it to make a determination concerning Authorization,
The City may revoke the Authorization for the Contractor to use a disposal or recyclable
recovered Materials facility at its sole discretion.
The Contractor shall be responsible for delivering Bulk Waste to a properly licensed and
permitted facility whose use has been authorized by the City. The Contractor shall provide
adequate information to the City for it to make a determination concerning Authorization,
The City may revoke the Authorization for the Contractor to use a disposal or recyclable
recovered Materials facility at its sole discretion.
4) Insurance
4.1 Contractor agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now in
effect, or hereinafter enacted during the term of this Agreement that are
applicable to Contractor, its employees, agents, or subcontractors, if any, with
respect to the work and services described herein.
4.2 Contractor shall obtain at Contractor's expense all necessary insurance in such
form and amount as specified in the original proposal document or as required by
the City's Risk and Safety Manager before beginning work under this Agreement
including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City. Contractor shall maintain
such insurance in full force and effect during the life of this Agreement.
Contractor shall provide to the City's Risk and Safety Manager certificates of all
insurances required under this section prior to beginning any work under this
Agreement. The Contractor will ensure that all subcontractors comply with the
above guidelines and will retain all necessary insurance in force throughout the
term of this Agreement.
4.3 The following are required types and minimum limits of insurance coverage,
which the Contractor agrees to maintain during the term of this contract:
Line of Business/ Occurrence Aggregate
Coverage
Commercial General $2,000,000 $
Liability 5,000,000
Umbrella Coverage: $5,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Prod ucts/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
$1,000,000 $1,000,000
Automobile Liability
Workers' Statutory
Compensation &
Employer's Liability
4.4 Neither Contractor nor any Sub -Contractor shall commence work under this
contract until they have obtained all insurance required under this section and
have supplied the City with evidence of such coverage in the form of an
insurance certificate and endorsement. The Contractor will ensure that all Sub -
Contractors will comply with the above guidelines and will maintain the necessary
coverage throughout the term of this Agreement.
4.5 All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide
and shall be licensed to do business in Florida. Policies shall be "Occurrence"
form. Each carrier will give the City sixty (60) days notice prior to cancellation.
4.6 The Contractor's liability insurance policies shall be endorsed to add the City of
Tamarac as an "additional insured". The Contractor's Workers' Compensation
carrier will provide a Waiver of Subrogation to the City.
4.7 Contractor shall verify coverage with formal endorsements under the General
Liability policy as required by the Contract, issued by Contractor's insurer(s), as
evidence that polices providing the required coverage , conditions, and limits
required by the Contract are in full force and effect
4.8 The Contractor shall be responsible for the payment of all deductibles and self -
insured retentions. The City may require that the Contractor purchase a bond to
cover the full amount of the deductible or self -insured retention.
4.9 Contractor shall indemnify and hold the City harmless for any damages resulting
from failure of the Contractor to take out and maintain such insurance.
Contractor's General Liability Insurance policies shall be endorsed to add the
City as an additional insured. Contractor shall be responsible for payment of all
deductibles and self-insurance retentions on Contractor's Liability Insurance
policies.
5) Indemnification
5.1 GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to
indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify
and hold harmless the City, their agents, elected and appointed officials and employees,
and agents from and against all claims, suits, damages, actions, liabilities, expenses,
losses (including economic losses), costs arising out of any actual or alleged: a). Bodily
injury, sickness, disease or death, or injury to or destruction of tangible property
including the loss of use resulting therefrom, or any other damage or loss arising out of
or resulting, or claimed to have resulted in whole or in part from any actual or alleged act
or omission of the Contractor, any sub -Contractor, or independent Contractors, anyone
directly or indirectly employed by any of them, or anyone for whose acts any of them
may be liable in the performance of the Work; or b). violation of law, statute, ordinance,
governmental administration order, rule, regulation, or infringement of patent rights by
Contractor in the performance of the Work; or c). liens, claims or actions made by the
Contractor or any sub -Contractor under workers compensation acts; disability benefit
acts, other employee benefit acts or any statutory bar. Any cost of expenses, including
attorney's fees, incurred by the City to enforce this Agreement shall be borne by the
Proposer.5.2 Upon completion of all Services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the terms
and conditions of this Article shall survive the expiration or termination of this
Agreement. The Contractor shall pay all claims, losses, liens, settlements orjudgments
of any nature whatsoever in connection with the foregoing indemnifications including, but
not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs.
5.2 City reserves the right to select its own legal counsel to conduct any defense in any such
proceeding and all costs and fees associated therewith shall be the responsibility of
Contractor under the indemnification agreement.
5.3 Upon completion of all Services, obligations and duties provided for in this Agreement,
or in the event of termination of this Agreement for any reason, the terms and conditions
of this Article shall survive the expiration or termination of this Agreement .
L The Contractor shall pay all claims, losses, liens, settlements or judgments
of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
ii. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification Agreement.
5.4 Nothing contained herein is intended nor shall be construed to waive City's rights and
immunities under the common law or Florida Statutes 768.28, as amended from time to
time.
6) Non-Discri mi nation & Equal Opportunity Employment
During the performance of the Contract, the Contractor shall not discriminate against
any employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are treated
during employment, without regard to their race, color, sex, religion, age, national origin, marital
status, political affiliation, familial status, sexual orientation, or disability if qualified. Such
actions must include, but not be limited to, the following: employment, promotion; demotion or
transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor shall
agree to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer setting forth the provisions of this
nondiscrimination clause. The Contractor further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause.
7) Independent Contractor
This Agreement does not create an employee/employer relationship between th e
Parties. It is the intent of the Parties that the Contractor is an independent contractor under this
Agreement and not the City's employee for any purposes, including but not limited to, the
application of the Fair Labor Standards Act minimum wage and overtime payments, Federal
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State
Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the
judgment of the manner and means of carrying out Contractor's activities and responsibilities
hereunder provided, further that administrative procedures applicable to services rendered
under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use of Contractor's
funds provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has made its
own investment in its business, and that it will utilize a high level of skill necessary to perform
the work. This Agreement shall not be construed as creating any joint employment relationship
between the Contractor and the City and the City will not be liable for any obligation incurred by
Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.
8) Assignment and Subcontracting
8.1 Successful Proposer shall not assign, transfer or subject the Contract or its rights,
title, interests or obligations therein without City's prior written approval.
8.2 Violation of the terms of this paragraph shall constitute a breach of the Contract
by Successful Proposer and City may, at its discretion, cancel the Contract. All
rights, title, interest and obligations of Successful Proposer shall thereupon
cease and terminate.
8.3 Assignment Fees: The Contractor shall pay to the City, a sum of $100,000 to
cover administrative costs for any assignment
9) Notice
Whenever either party desires or is required under this Agreement to give notice to any
other party, it must be given by written notice either delivered in person, sent by U.S. Certified
Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows:
CITY
City Manager
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FIL 33308
CONTRACTOR
Waste Management Inc. of Florida
2700 Wiles Road
Pompano Beach, FIL 33073
ATTN: Timothy B. Hawkins, Vice President
(954) 984-2000 Telephone
(954) 984-2057 Fax
With a copy to:
Ronald Kaplan
Florida Counsel
2700 Wiles Road
Pompano Beach, FIL 33073
10) Performance
Failure on the part of the Proposer to comply with the conditions, terms, specifications
and requirements of the bid shall be just cause for cancellation of the proposal
award. The City may, by written notice to the Contractor, terminate the contract for
failure to perform. The date of termination shall be stated in the notice, The City
shall be the sole judge of nonperformance.
11) Withholding of Payments
The City may withhold part or all of any payment otherwise due the Contractor from the
City if the Contract Administrator concludes that the Contractor's actions or inactions have
resulted in the following:
11.1 Unsatisfactory work not caused by conditions beyond the Contractor's control;
11.2 Defective work that has not been corrected;
11.3 The Contractor's failure to carry out instructions or orders of the City;
11.4 Failure of the Contractor to make payments to any subcontractor for materials or
labor, which results in a claim against the City;
11.5 Unsafe working conditions allowed to persist by the Contractor;
11.6 Failure of the Contractor to provide routes, schedules, data, or reports requested
by the City.
If the foregoing problems are corrected, payment shall be made to the Contractor for the
amounts withheld, but the City shall not be liable to the Contractor for interest on any delayed
payment. The Contract Administrator shall not exercise the City's right to withhold payments
under this section unless the Contract Administrator concludes that such action is reasonable
and necessary in light of the Contractor's problems or failure of performance.
12) Termination
12.1 Default by Contractor:
In addition to all other remedies available to the City, this Agreement shall be subject to
cancellation by the City for cause, should the Contractor neglect or fail to perform
or observe any of the terms, provisions, conditions, or requirements herein
contained, if such neglect or failure shall continue for a period of thirty (30) days
after receipt by Contractor of written notice of such neglect or failure. The City
shall be the sole judge of nonperformance.
12.2 City Termination
12.2.1 In the event there should occur any Material Breach or Material Default in
the performance of any covenant or obligation of Contractor which has not been
remedied within thirty (30) days after receipt of written notice from City specifying
such breach or default (or such longer period of time as is reasonably necessary
to cure any such breach or default which is not capable of being cured within
thirty (30) days, provided that Contractor has undertaken the cure within such
thirty (30) days and proceeds diligently thereafter to cure in an expeditious
manner), City, may if such breach or default is continuing, terminate this
Agreement upon written notice to Contractor.
12.2.2 If Contractor shall fail to cure its Breach or Default as specified in this
Section, City may terminate this Agreement upon ten (10) days written notice. In
such case, Contractor shall not be entitled to receive further payment for services
rendered from the Effective Date of the Notice of Termination.
12.2.3 In addition, City may invoke performance and payment bonds and may
enter into a separate contract for the completion of the Agreement, according to
its terms and provisions, or use such other methods as in City's sole opinion shall
be required for the completion of the Agreement.
12.2.4 All damages, costs and charges incurred by City, together with the cost of
completing the terms and provisions of the Agreement, shall be deducted from
any monies due or which may become due to Contractor. In case the damages,
and expenses so incurred by City shall exceed the unpaid balance, then
Contractor shall be liable and shall pay to City the amount of such excess.
12.2.5 If after Notice of Termination it is determined for any reason that
Contractor was not in Breach or Default, then the rights and obligations of City
and Contractor shall be the same as if the Notice of Termination had not been
issued pursuant to the termination for cause clause as set forth in paragraph 1 of
this Section.
12.2.6 Upon receipt of Notice of Termination, Contractor shall promptly
discontinue all affected work unless the Notice of Termination directs otherwise,
deliver or otherwise make available to City all data, drawings, specifications,
reports, estimates, summaries, such other information as may have been
required under the terms of Agreement whether completed or in process.
12.2.7 The following events shall, without limitation, constitute a Material Breach
or a Material Default by Contractor for purposes of this Section:
(i) Contractor shall abandon as hereinafter defined, the performance of
Collection Services for a period of five (5) consecutive calendar days unless
caused by event of Uncontrollable Force. As used herein, the term "abandon
shall refer to voluntary cessation of performance of Collection Service.
(ii) The failure of Contractor to pay amounts owed to City under the terms of
this Agreement within fourteen (14) calendar days after such amounts become
finally due and payable.
(iii) In the event that the Contractor becomes financially distressed as
evidenced by one or more of the following:
Contractor fails to pay its debts when they become due;
Contractor has filed for relief or reorganization and bankruptcy or insolvency;
Contractor makes an assignment for benefit of its creditors in lieu of taking
advantage of any available bankruptcy or insolvency law;
Contractor shall consent to the appointment of a custodian, receiver, trustee or
other officer with similar powers with respect to any substantial part of its
property; or if Contractor is adjudicated insolvent or shall take corporate action
for the purpose of any of the foregoing.
(iv) The default by Contractor with respect to any obligation to any third party
pertaining to Contractor or to Collection Services, which may permit any third
party, either immediately or following notice and/or the passage of time to
accelerate the maturity of any obligation of Contractor, to assume control of
Contractor or take possession of or to transfer or caused to be transferred to any
third party any portion of the assets of Contractor, but only if such default
materially interferes with or prevents Contractor's performance under the terms
of this Agreement,
(v) If Contractor shall fail to submit a Performance Bond or a renewal or
substitute Performance Bond as required pursuant to this Agreement.
(vi) If Contractor shall fail to diligently perform its work in accordance with the
requirements of this Agreement.
13) Uncontrollable Forces
13.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if
delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non -performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the nonperforming party, It includes, but is not limited to
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage,
and governmental actions.
13.2 Neither party shall, however, be excused fro m performance if nonperformance is due to
forces, which are preventable, removable, or remediable, and which the nonperforming
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The nonperforming party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
14) Venue
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this Agreement is fixed in Broward
County, Florida.
15) Signatory Authority
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
16) Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability
without invalidating the remaining provisions hereof or affecting the validity or enforceability of
such provisions in any other jurisdiction. The non -enforcement of any provision by either party
shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision
or of the remainder of this Agreement.
17) Merger; Amendment
This Agreement constitutes the entire Agreement between the Contractor and the City,
and negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document executed by both
the Contractor and the City.
18) No Construction Against Drafting Party
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to the
drafting of this Agreement. Given this fact, no legal or other presumptions against the party
drafting this Agreement concerning its construction, interpretation or otherwise accrue to the
benefit of any party to the Agreement, and each party expressly waives the right to assert such
a presumption in any proceedings or disputes connected with, arising out of, or involving this
Agreement.
19) Interpretation of Agreement
Except as provided otherwise in this Agreement and to the extent permitted by law, the
Contract Administrator as defined in the scope of work shall be responsible for interpreting this
Agreement to resolve disputes that may arise hereunder. The parties agree that any decision
rendered by the Contract Administrator in connection with such matters shall be final and
binding upon the Contractor, the customer, and the City.
20) Definition of Claim
As used herein "claim" means a written demand or assertion by one of the parties
seeking, as a legal right, the payment of money, adjustment or interpretation of the Agreement
terms, or other relief, arising under or relating to this Agreement. A voucher, invoice, or request
for payment that is not in dispute when submitted is not a claim under this clause. However,
where the submission is subsequently not acted upon in a reasonable time, or disputed either
as to liability or amount, it may be converted to a claim for the purpose of this clause, A claim by
Contractor shall be made in writing and submitted to Contract Administrator.
When a controversy cannot be resolved by mutual Agreement, Contractor shall submit a
written request for final decision to Contract Administrator. The written request shall set forth all
the facts surrounding the controversy.
21) Process for Dispute Resolution
21.1 In connection with any claim under this clause, Contractor, at the discretion of
Contract Administrator, may be afforded an opportunity to be heard and to offer
evidence in support of their claim. Contract Administrator shall render a written
decision on all claims within thirty (30) Business Days of receipt of Contractor's
written claim, unless Contract Administrator determines that a longer period is
necessary to resolve the claim. The decision shall be furnished to Contractor by
certified mail, return receipt requested, or by any other method that provides
evidence of receipt. If a decision is not issued within thirty (30) calendar days,
Contract Administrator shall notify Contractor of the time within which a decision
shall be rendered and the reasons for such time extension.
21.2 Except as provided otherwise in this Agreement and to the extent permitted by
law, the Contract Administrator shall be responsible for interpreting this
Agreement to resolve disputes that may arise hereunder, Nothing contained
herein shall limit any party's right to pursue any rights or remedies available at
law.
22) Operations During Dispute
22.1 In the event that any dispute arises between City and Contractor relating to this
Agreement performance or compensation hereunder, Contractor shall continue
to render service and receive compensation in full compliance with all terms and
conditions of this Agreement as interpreted, in good faith, by City, regardless of
such dispute.
22.2 Contractor expressly recognizes the paramount right and duty of City to provide
adequate services to its residents, businesses and commercial establishments,
and further agrees, in consideration of the execution of this Agreement, that in
the event of such a dispute, if any, it will not seek injunctive relief in any court
without first negotiating with City in good faith for an adjustment on the matter or
matters in dispute and, upon failure of said negotiations to resolve the dispute
shall present the matter to mediation in the courts of Florida. If mediation fails,
Contractor shall present the matter to a court in Florida,
22.3 Notwithstanding the other provisions in this Section, City reserves the right to
terminate this Agreement at any time whenever the service provided by
Contractor fails to meet reasonable standards of the trade, after City provides
written notice to Contractor pursuant to Section 12 and paragraphs 23.1 and 23.2
of Section 23 of this Agreement. Upon termination, City may call the performance
bond and apply the cash and surety bond for the cost of service in excess of that
charged to City by the firm engaged for the balance of the Agreement period.
23) Cost Savings
In the event that Contractor and/or City identify method(s) in which a cost savings to the City is
available, Contractor and City may agree to modify this Agreement to provide for such, provided
that any such changes do not create an undue hardship on Contractor and are mutually agreed
upon by City and Contractor.
24) Miscellaneous
24.1 Succession of Agreement
This Agreement and the rights and obligation contained herein shall inure to the
benefit of and be Binding upon the parties hereto and their respective successors
and assigns.
24.2 Survival
Any rights either party may have in the event it terminates this Agreement
pursuant to the terms hereof shall survive such termination.
24.3 No Penalties
No provision of this Agreement is to be interpreted as a penalty upon any party to
this Agreement. The parties hereby agree that the rights of City in the event
Contractor takes or fails to take certain actions pursuant to this Agreement, are
reasonable, and that the parties desire such certainty with regard to such
matters.
24.4 Further Assurance
Contractor and City agree to execute, acknowledge and deliver and cause to be
done, executed, acknowledged and delivered all such further documents and
perform such acts as shall reasonably be requested of it in order to carry out this
Agreement and give effect hereto. Accordingly, without in any manner limiting the
specific rights and obligations set forth in this Agreement, the parties declare
their intention to cooperate with each other in effecting the terms of this
Agreement.
24.5 Time of the Essence
For purposes herein, the parties agree that time shall be of the essence of this
Agreement and the representations and warranties made are all material and of
the essence of this Agreement.
24.6 Cagtions and Section Headings
Captions and Sections headings contained in this Agreement are for
convenience and reference only and in no way define, describe, extend, or limit
the scope or intent of this Agreement, nor the intent of any provision hereof.
24.7 No Waiver
No waiver of any provision in this Agreement shall be effective unless it is in
writing, signed by the party against whom it is asserted, and any such written
waiver shall only be applicable to the specific instance to which it relates and
shall not be deemed to be a continuing or future waiver.
24,8 Aggendices
All Appendices attached hereto contain additional terms of this Agreement and
are incorporated into this Agreement by reference. Typewritten provisions
inserted in this form or attached hereto shall control all printed provisions in
conflict therewith.
24.9 Attorney Fees
In the event of arbitration or litigation between the parties regarding this
Agreement, each party shall be responsible for their own attorney's fees and
costs.
24-10 Authorization
Each party hereby warrants and represents that it has full power and authority to
enter into and perform this Agreement, and that the Person signing on behalf of
each has been properly authorized and empowered to enter this Agreement.
Each party further acknowledges that it has read this Agreement, understands it,
and agrees to be bound by it.
24.11 Taxes
Contractor shall pay all applicable sales, consumer use and other similar taxes
required by law. The City of Tamarac is exempt from all Federal, State, and Local
taxes. An exemption certificate will be provided where applicable upon request.
24,12 Permits Fees and Notices
Successful Proposer shall secure and pay for all permits and fees, licenses and
charges necessary for the proper execution and completion of the work, if
applicable. The costs of all permits, fees, licenses and charges shall be included in
the Price Proposal except where expressly noted in the specifications.
24.13 Budget Constraints
In the event the City is required to reduce contract costs due to budgetary
constraints, all services specified in this document may be subject to a
permanent or temporary reduction in budget. In such an event, the total cost for
the affected service shall be reduced as required. The Contractor shall also be
provided with a minimum 30-day notice prior to any such reduction in budget. In
the event of a budget reduction, the Contractor and City will enter into good faith
negotiations to reduce the level of service provided commensurately. If the
parties fail to reach agreement on a reduction in service level this contract may
be terminated in accordance with the City's contract termination requirements
contained in Section 12 herein.
24.14 Unauthorized Aliens
The employment of unauthorized aliens by any Contractor is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
Contractor knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of any contract resulting from this solicitation. This
applies to any sub -contractors used by the Contractor as well.
Remainder of Page Intentionally Blank
Gi��l of EMER61U909M F'Wichasing and Contf�wfs,
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor
and City Manager, and CONTRACTOR, signing by and through its Vice President duly
authorized to ?6�yp�e same.
Of �.k.A.4..,q
41
Date
ATTEST: WASTE MANAGEMENT INC. OF FLORIDA
Company Name
4e��o�rporate Secretary S President
1014da j"Smith Qgq) W4,OY.> Timothy B. Hawkins
Type/Print Name ofCorporate Secy. Type/Print Name
(CORPORATE SEAL) Date
44
No Text
City of lamaf"'w and Dmsion
CORPORATE ACKNOWLEDGEMENT
STATE OF Lo v, 01
:SS
COUNTYOF 3roN&2PrA
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 Timothy
B. Hawkins, Vice President of Waste Management Inc. of Florida, a Florida Corporation, to me
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official sea[ this � day of 20 11.
AOSALINIA VEGA
MY COMMISSION # EE 019003 Signature of Notar�&ublic
EXPIRES: October 9, 2014 State of Florida arLarge
Bonded Thru Budget NoWy $ervices
Print, Type or Stamp
Name of Notary Public
L�—�Personally known to me or
F-1 Produced Identification
Type of I.D. Produced
F-1 DID take an oath, or
F1 DID NOT take an oath.
H:\2009\090529\Waste Agreement -5th Draft Agreement (9-4-1 0).doc:
45
Exhibit "'I"
MRF Sinalle Stream
ACCEPTANCE STANDARDS
OLD NEWSPAPER:
Newspaper as produced with normal percentage of inserts and colored sections.
Newspapers may be placed directly inside Recycling / Recovered Materials Bins, inside brown
Kraft paper bags, or bundled and tied with string, Newspaper should not be bundled with wire or
tape.
MIXED PAPER:
Mixed paper shall include magazines, catalogs, phone books, office papers (including
shredded paper), file folders, envelopes, junk mail, chipboard and kraft bags. Mixed paper shall
be reasonably dry and may be placed directly inside Recycling / Recovered Materials Bins
along with newspapers and corrugated cardboard, placed inside brown Kraft paper bags, or
bundled and tied with string, Mixed paper should not be bundled with wire or tape.
CORRUGATED CARDBOARD:
Corrugated cardboard containers must be flattened and not larger than 3 feet by 3 feet
square. Corrugated Cardboard may be placed directly inside Recycling / Recovered Materials
Bins along with newspapers and corrugated cardboard, placed inside brown Kraft paper bags,
or bundled and tied with string. Material shall be free of food, dirt, grease, excess moisture or
liquid and other contaminants. Wax coated cardboard and pizza boxes are not acceptable.
ALUMINUM CONTAINERS:
Aluminum used beverage cans should be clean and reasonably dry. Aluminum foil, foil
trays and pie plates are not acceptable.
STEEL & BI-METAL CONTAINERS:
Steel and bi-metal, including empty aerosol, cans should be reasonably dry, clean and
empty / free of organic material.
GLASS CONTAINERS:
Food and beverage bottles and jars should be reasonably clean and reasonably dry, and
recyclable / recovered materials program participants will be encouraged to remove the bottle
caps. Clear, brown and green will be accepted.
PET, HDPE NATURAL AND HDPE COLORED PLASTIC BOTTLES:
All plastic bottles, or those with an opening narrower than the base shall be acceptable
as part of this program. Plastic bottles should be reasonably clean and dry, and recyclable /
46
recovered materials program participants will be encouraged to remove the bottle caps.
Containers that held motor oils, pesticides, herbicides, hazardous chemicals or other hazardous
materials are not acceptable,
POLYCOATED CONTAINERS & ASEPTIC PACKAGES:
Paper milk and fruit juice containers, gable and flat tops should be clean and reasonably dry
and recyclable / recovered materials program participants will be encouraged to remove the
straws from drink boxes.
47
Solid Waste and Recycling Rate Schedule
All Rates include Franchise Fees
Escalators
10/1/2011
Disposal Rate
99.20
Residential Carts Per Month
10/112011
Collection
$12.03
Fuel
$2.40
Disposal
$0.00
TOTAL
$14.43
Side Door
$42-60
Commercial Cart per Pickup
10/1/2011
Collection
$10.66
Fuel
$1.88
Collection plus Fuel
$12.54
Disposal
$2.48
TOTAL
$15.02
Commercial Dumpster per Yard
10/1/2011
Collection
$7.89
Fuel
$1.39
Collection plus Fuel
$9.28
Disposal
$5.46
TOTAL
$14.74
Commerical Compactor Per Yard
10/1/2011
Collection
$9.86
Fuel
$1.74
Collection plus Fuel
$11-60
Disposal
$16.38
48
TOTAL
$27.98
Multi Family Cart Per Pickup
10/11/2011
Collection
$2.46
Fuel
$0.43
Collection plus Fuel
$2.89
Disposal
$2.23
TOTAL
$5.12
Multi Family Dumpster Per Yard
10/1/2011
Collection
$6.86
Fuel
$1.21
Collection plus Fuel
$8.07
Disposal
$4.46
TOTAL
$12.53
Multi Family Compactor Per Yard
10/1/2011
Collection
$8.58
Fuel
$1.51
Collection plus Fuel
$10-09
Disposal
$13-38
TOTAL
$23.47
Rolloff Compactors Per Pull
10/1/2011
Collection
$246.12
Fuel
$46.88
Collection plus Fuel
$293.00
Disposal
Based on Weight at Disposal Faci
49