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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 r .. .. �1lfirlllJ•Z11�p]11�Z1111 r.., ' 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. ,.,.. ��tlliAIICIIA1�b]AI�IIOI 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 �uramcior�nm�nca 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