HomeMy WebLinkAboutCity of Tamarac Ordinance O-2011-013Temp. Ordinance #2227
August 23, 2011
0-
ORDINANCE NO. c-) 0 / /,- 13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AMENDMENTS
TO THE COMMERCIAL SOLID WASTE FRANCHISE
AGREEMENTS WITH CURRENT COMMERCIAL SOLID WASTE
FRANCHISEES ACE WASTE SERVICES, LLC, CHOICE
ENVIRONMENTAL SERVICES OF BROWARD, INC., WASTE
SERVICES OF FLORIDA, INC., FSR TRANSPORTING & CRANE
SERVICES, INC., REPUBLIC SERVICES OF FLORIDA, L.P.
D/B/A ALL SERVICE REFUSE, SOUTHERN WASTE SYSTEMS,
LLC, FOR AN ADDITIONAL PERIOD UP TO AND INCLUDING
OCTOBER 27, 2013; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") is authorized to enter into
franchise agreements with solid waste and recycling collectors; and
WHEREAS, the City currently has seven (7) franchise agreements for
commercial solid waste collection; and
WHEREAS, the current commercial solid waste franchisees include Ace
Waste Services, LLC; and Choice Environmental Services of Broward, Inc.; and
Waste Services of Florida, Inc,; and FSR Transporting & Crane Services, Inc.;
and Republic Services of Florida, L.P. d/b/a All Service Refuse; and Southern
Waste Systems, LLC; 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
amend existing franchise agreements for collection and disposal of commercial
solid waste and commercial recycling for an additional period up to and including
October 27, 2013.
SSG:DNT: dnt
U\File\Legislation\Dra.ft Legislation Received\201 1\15, Sept 14\TO2227 ORD (Amendment to Conun Solid Waste Franchise
Agmts).doc
Temp. Ordinance #2227
August 23, 2011
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 part of this
Ordinance. All exhibits attached hereto are incorporated herein and made a
specific part of this Ordinance.
Section 2. The City Commission hereby approves and authorizes
appropriate City officials to execute the Amendments to the Commercial Solid
Waste Franchise Agreement between the City of Tamarac and 'the following
current commercial solid waste franchisees: Ace Waste Services, LLC; and
Choice Environmental Services of Broward, Inc.; and Waste Services of Florida,
Inc.; and FSR Transporting & Crane Services, Inc.; and,RepUblic Services of
Florida, L.P. d/b/a All Service Refuse; and Southern Waste Systems, LLC. The
Amendments to the Commercial Solid Waste Franchise Agreements are
attached hereto as Exhibit "A" and incorporated herein by reference.
Section 3. All Ordinances or parts of Ordinances and all Resolutions or
parts of Resolutions in conflict with this Ordinance are repealed to the extent of
such conflict.
Section 4. If any clause, section, or other part or application of this
Ordinance shall be held by any court of competent jurisdiction to be
unconstitutional or invalid, such unconstitutional or invalid part or application shall
be considered as eliminated and so not affecting the validity of the remaining
portions or applications remaining in full force and effect
2
SSG:DNT ' dnt
U.-\File\Legislation\Draft Legislation Received\2011\15, Sept 14\TO2227 ORD (Amendment to Comin Solid Waste Franchise
Agmts),doc
I
I
I
Temp. Ordinance #2227
August 23, 2011
Section 5. This Ordinance shall be effective upon its passage and
adoption by the City Commission of the City of Tamarac.
PASSED, FIRST READING this day of 2011.
PASSED, SECOND READING this�Ls day of It-L .,2011.
BY: a4A ( L L
ATF"T�) MAYOR PAMELA BU8HNELL
ST
RECORD OF COMMISSION VOTE: Reading
PF
N
0'�VCLERK MAYOR BUSHNELL
DIST 1: COMM. SWENSON
-Z CD
DIST 2: V/M, GOMEZ
=0' 1963 DIST 3: COMM. GLASSER
SiEAL DIST 4: COMM. DRESSLER
0
that
I have'�PprmVOAis ND
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2 Reading
Fv
MAYOR BUSHNELL
DIST 1: COMM SWENSON
UEL S. GOREN DIST 2: V/M GOMEZ
CITY ATTORNEY DIST 3: COMM. GLASSER
DIST 4: COMM. DRESSLER
-9zf:�
1 3
SSG-DNT: dnt
UAFile\Legislation\Draft Legislation Received\201 1\1 5. Sept 14\TO2227 ORD (Amendment to Conun Solid Waste Franchise
Agmts).doc
First Amendment to Commercial Garbage Franchise Aueeme
Between the Citv of Tamarac
and
Choice Environmental Services of Broward, Inc.
This First Amendment to the Commercial Garbage Franchise Agreement between the
City of Tamarac ("City") amnd Cboice E al Services of Broward, Inc. ("Contractor") is
made and entered int( �2&ay Of 2011.
WITNESSETH
WHEREAS, the City and Contractor entered into a Service Contract dated November 9,
2005 ("Service Contract"), relating to the furnishing of commercial solid waste collection
services in the City; and
WHEREAS, the term of the Primary Term (section 4.1) of the Service Contract is on a
month -to -month basis until such time as the City chooses to terminate the Service Contract upon
the conclusion of any thirty (30) day period; and
WHEREAS, the Service Contract may be renewed for a longer term (section 4.2) subject
to the City Commission adopting new standards or requiring a new contract; and
)WHEREAS, the City, in accordance with Section 403.70605, Florida Statutes, provided
notice to Contractor of a public hearing before the City Commission regarding the City's intent
to take measures necessary to provide residential, multi -family, and commercial solid waste
disposal services through one city-wide franchise; and
WHEREAS, the City Commission did hold such a public hearing on October 27, 2010
and decided to implement measures to provide residential, multi -family, and commercial solid
waste disposal services through one city-wide franchise; and
WHEREAS, Section 403.70605, Florida Statutes provides that a local government may
not displace a private provider of waste disposal services without first holding at least one public
hearing after appropriate public notice and written notice to the appropriate private providers of
waste disposal services; and
WHEREAS, the October 27, 2010 public hearing served as the commencement date for
any three (3) years' notice period which may be applicable pursuant to Section 403.70605(3)(c),
Florida Statutes; and
WHEREAS, pursuant to section 4.2 of the Service Contract, the City and Contractor
desire to establish the time period for the Renewal Term of the Service Contract by extending the
term of the Service Contract until the expiration of any applicable three (3) year notice period
provided by Section 403.70605(3)(c), Florida Statutes; and
WHEREAS, during the Renewal Tenn the Contractor may continue to provide the same
service it was providing on the date of the public hearing, October 27, 2010; and
WHEREAS, the Service Contract between City and Contractor provides for a franchise
fee, deemed a Street Use Fee, for the right to operate within the corporate limits of the City; and
WHEREAS, the City and Contractor agree to amend the Service Contract by amending
the franchise fee applicable to Contractor's operations within the City from ten percent (10%) of
gross receipts to the prevailing market rate of twenty percent (20%) of gross receipts; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. The foregoing W14EREAS clauses are incorporated as if fully set forth herein.
2. Section 3, Street Use Fee is amended to read as follows:
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to ten per-eent twepty percent
f2QL/oLof its Gross Receipts from commercial Solid Waste Customers within the
corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after
the end of the month.
The Contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the Contractor, based on the records of the Contractor during the month for which
payment is made related to the Contractor's performance under this contract. If
Contractor fails or refuses to make such reports and payments, the City may maintain an
action against the Contractor to recover the same and all expenses of collecting sarne,
including reasonable attorney fees.
3.1 Future Revenue. In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage
of Gross Receipts from such Collection method to be included in the calculation of
amounts due.
3.2 Delinquency Provision. In the event Contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a firaction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1%). Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
3. Section 4, Term is amended to read as follows:
Section 4 Terrn
The Renewal Term of the existiniz Aareernent shall commence Lipon execution of this
Amendment by the Cily, and shall continue up to and including October 27, 2013,
unless terminated by the Cily. The Cily Inay terminate the Agreement by providing
thijqy (30) d4ys -written notice to the Contractor. Notwithstanding the City's right to
terminate the Agreement earlier, the Agreement shall terminate no later than October
27,2013.
4. Section 5, General Statement of Contractor's Obligations; Scope of Services is amended
by including the following additional language:
Nothina herein is intended to restrict or prohibit Contractor from servicing existing
commercial Solid Waste Customers or soliciting new commercial Solid Waste
Customers during the term of this Agreement.
5. The November 9, 2005 Service Contract between City and Contractor and all subsequent
amendments and addenda thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically delineate any prior terms or
conditions in this Amendment does not operate to relieve City or Contractor of any obligations
pursuant to the Service Contract or waive any rights contained therein.
6. The effective date of this Amendment shall be date of execution by the last party to
execute.
[All signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
to Commercial Garbage Franchise Agreement on the respective dates under each signature, the
City of Tamarac signing through its City Manager and its City Commission signing by and
through its Mayor, and Choice Environmental Services of Broward, Inc., signing by and through,
"'? duly authorized to do the same.
ATTEST:
Peter Richar son City Clerk
Date:
APPROYED Aj�TO FORM:
Otftie-bfthe Ci Attorney
Date: q1tIM11
Signed and delivered
in the pre e of witnesses
Print Name
Date
C.
Print Name
Date:
STATE OF FLORIDA
CITY OF TAMARAC, FLORIDA
By: �,L ?�,Lu
Pamela Bus)inell, Mayor
Date: 1,91,3111
1 / I -
CHOICE ENVIRONMENTAL SERVICES
OF BROWARD, INC.
BY:
Print Name. Gr--4
Title: Opicv( (v'4 g c 4 �cL
Date: C - 2-1 - 11
COUNTY OF BROWARD )
Before me personally appeared G'(0-tNV sry�-" of Choice
"nvironmentai Services of Broward, Inc., who isqEerso7naT11 k=nown>o me or has produced
as identification to be the person described in and who executed the
foregoing Agreement, and acknowledged execution of the foregoing Agreement as the proper
officer of Choice Environmental Services of Broward, Inc., for the use and purposes mentioned in
it, and that the Agreement is the act and deed of Choice Envirom-nental Services of Broward, Inc.
WITNESS my hand and official seal this 11 day of 'So e— 2011.
rN
Notary Public, State of Florida
At Large
NOTARY PUBLIC,' ,TATP)F FLORIDA
Print Name of Notary
MI com�Iission� 4 i'E070099
3=19) TBRU ATLANTIC i30-VDL'W CQ, INQ
H:\2009\090529\06,201 I Amendment to Franchise Agmnt - Choice Fnvironmental-docx
First Amendment to Commercial Garbage Franchise Agreement
Between the City of Tamarac
and
FSR Transporting & Crane Services,
This First Amendment to the Commercial Garbage Franchise Agreement between the
City of Tamarac ("City") and FSR Tr sporting & Crane Services, Inc. ("Contractor") is made
and entered into this _70 day of �IA,4e' —, 2011.
07a
WITNESSETH
WHEREAS, the City and Contractor entered into a Service Contract dated May 25, 2007
("Service Contract"), relating to the furnishing of commercial solid waste collection services in
the City; and
WHEREAS, the terrn of the Primary Term (section 4.1) of the Service Contract is on a
month -to -month basis until such time as the City chooses to terminate the Service Contract upon
the conclusion of any thirty (30) day period; and
WHEREAS, the Service Contract may be renewed for a longer tenn (section 4.2) subject
to the City Commission adopting new standards or requiring a new contract; and
WHEREAS, the City, in accordance with Section 403.70605, Florida Statutes, provided
notice to Contractor of a public hearing before the City Commission regarding the City's intent
to take measures necessary to provide residential, multi -family, and commercial solid waste
disposal services through one city-wide franchise; and
WHERE -AS, the City Commission did hold such a public hearing on October 27, 2010
and decided to implement measures to provide residential, multi -family, and commercial solid
waste disposal services through one city-wide franchise; and
WHEREAS, Section 403.70605, Florida Statutes provides that a local government may
not displace a private provider of waste disposal services without first holding at least one public
hearing after appropriate public notice and written notice to the appropriate private providers of
waste disposal services; and
WHEREAS, the October 27, 2010 public hearing served as the commencement date for
any three (3) years' notice period which may be applicable pursuant to Section 403.70605(3)(c),
Florida Statutes; and
WHEREAS, pursuant to section 4.2 of the Service Contract, the City and Contractor
desire to establish the time period for the Renewal Term of the Service Contract by extending the
F
term of the Service Contract until the expiration of any applicable three (3) year notice period
provided by Section 403.70605(3)(c), Florida Statutes; and
WHEREAS, during the Renewal Term the Contractor may continue to provide the same
service it was providing on the date of the public hearing, October 27, 2010; and
WHEREAS, the Agreement between City and Contractor provides for a franchise fee,
deemed a Street Use Fee, for the right to operate within the corporate limits of the City; and
WHEREAS, the City and Contractor agree to amend the Service Contract by amending
the franchise fee applicable to Contractor's operations within the City from ten percent (10%) of
gross receipts to the prevailing market rate of twenty percent (20%) of gross receipts; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. The foregoing WHEREAS clauses arc incorporated as if fully set forth herein.
2. Section 3, Street Use Fee is amended to read as follows:
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to ten per-eent twenty percent
(20%) of its Gross Receipts from commercial Solid Waste Customers within the
corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after
the end of the month.
The Contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the Contractor, based on the records of the Contractor during the month for which
payment is made related to the Contractor's performance under this contract. If
Contractor fails or refuses to make such reports and payments, the City may maintain an
action against the Contractor to recover the same and all expenses of collecting same,
including reasonable attorney fiees.
3.1 Future Revenue. In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage
of Gross Receipts from such Collection method to be included in the calculation of
amounts due.
3.2 Delinquency Provision. In the event Contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (I%). Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
3. Section 4, Term is amended to read as follows:
Section 4 Term
The Renewal Tenn of the existing A nce upon execution of this
, - greement shall comme
Amendment by the City, and shall continue up_- d including October 27, 2013,
unless terminated by the City. The City may terminate the Agreement by provi
thirty (30) days written notice to the Contractor. Notwithstanding the Cily's right to
terminate the Agreement earlier, the Agreement shall ten-ninate no later than October
27,2013.
4. Section 5, General Statement of Contractor's Obligations; Scope of Services is amended
by including the following additional language:
Nothing herein is intended to restrict or prohibit Contractor from servicing existing
commercial Solid Waste Customers or soliciting new commercial Solid Waste
Customers during the term of this Agreement,
5. The May 25, 2007 Service Contract between City and Contractor and all subsequent
amendments and addenda thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically delineate any prior terms or
conditions in this Amendment does not operate to relieve City or Contractor of any obligations
pursuant to the Service Contract or waive any rights contained therein.
6. The effective date of this Amendment shall be date of execution by the last party to
execute.
[All signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
to Commercial Garbage Franchise Agreement on the respective dates under each signature, the
City of Tamarac signing through its City Manager and its City Commission signing by and
through its r, and FSR Transporting & Crane Services, Inc., signing by and through,
its
duly authorized to do the same.
ATTEST:
Peter Richa �d City Clerk
� A.."I I ,
Date: 1 7 ) 101,
APPROVEDW TO FORM:
Office of th� C't Attorney
Date: , I
Signed and delivered
in the presenpe of w*es
,741
Print Name
Date: Le -
A 'Lcl/
Print Name J�
Date: V/ /-? 0//,
CITY OF TAMARAC, FLORIDA
By: _Pa4JA ,,L 3L, (�--
Pamela B7sh7ell, Mayor
Date: /0
FSR TRANSPORTING & CRANE
SERVICES, INC.
- — I
Print Name:
Title:
Date: kL-;t7111
Ar
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared OMAA �MO/AJof FSR
Transporting & Crane Services, Inc., who is personally known to me or has produced
as identification to be the person described in and who executed the
foregoing Agreement, and acknowledged execution of the foregoing Agreement as the proper
officer of FSR Transporting & Crane Services, Inc., for the use and purposes mentioned in it, and
that the Agreement is the act and deed of FSR Transporting & Crane Services, Inc.
0
WITNESS my hand and official seal this 7.A 5
day o 2011.
No*'ta4 Public, S�Ita AReof FlVda
Notary Pubic State of Flofid* At Large
t ' o
qe
EJON,
Maureen E H=aynes
9
My commission 0062260:
V rixores 1 W8/2012 e
ftf lau'43*44 rezv
114 F x—
Print Name of Notary
HA2009\090529\06.201 I Amcndment to Franchise Agrnnt - FSR Transporting and Crane Services.docx
First Amendment to Commercial Garbage Franchise Agreement
Between the City of Tamarac
and
Southern Waste Systems, LLC
This First Amendment to the Commercial Garbage Franchise Agreement between the
City of Tamarac ("Cit ") and Southern Waste Systems, LLC ("Contractor") is made and entered
into this 14t�'day of �une _,2011.
WITNESSETH
WHEREAS, the City and Contractor entered into a Service Contract dated January 16,
2004 ("Service Contract"), relating to the furnishing of commercial solid waste collection
services in the City; and
WHEREAS, the term of the Primary Term (section 4.1) of the Service Contract is on a
month -to -month basis until such time as the City chooses to terminate the Service Contract upon
the conclusion of any thirty (30) day period; and
WHEREAS, the Service Contract may be renewed for a longer term (section 4.2) subject
to the City Commission adopting new standards or requiring a new contract; and
WHEREAS, the City, in accordance with Section 403.70605, Florida Statutes, provided
notice to Contractor of a public hearing before the City Commission regarding the City's intent
to take measures necessary to provide residential, multi -family, and commercial solid waste
disposal services through one city-wide franchise; and
WHEREAS, the City Commission did hold such a public hearing on October 27, 2010
and decided to implement measures to provide residential, multi -family, and commercial solid
waste disposal services through one city-wide franchise; and
WHEREAS, Section 403.70605, Florida Statutes provides that a local government may
not displace a private provider of waste disposal services without first holding at least one public
hearing after appropriate public notice and written notice to the appropriate private providers of
waste disposal services; and
WHEREAS, the October 27, 2010 public hearing served as the commencement date for
any three (3) years' notice period which may be applicable pursuant to Section 403.70605(3)(c),
Florida Statutes; and
WHEREAS, pursuant to section 4.2 of the Service Contract, the City and Contractor
desire to establish the time period for the Renewal Term of the Service Contract by extending the
term of the Service Contract until the expiration of any applicable three (3) year notice period
provided by Section 403.70605(3)(c), Florida Statutes; and
WHEREAS, during the Renewal Term the Contractor may continue to provide the same
service it was providing on the date of the public hearing, October 27, 2010; and
WHEREAS, the Service Contract between the City and Contractor provides for a
franchise fee, deemed a Street Use Fee, for the right to operate within the corporate limits of the
City; and
WHEREAS, the City and Contractor agree to amend the Service Contract by amending
the franchise fee applicable to Contractor's operations within the City from ten percent (10%) of
gross receipts to the prevailing market rate of twenty percent (20%) of gross receipts; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
1. The foregoing VrHEREAS clauses are incorporated as if fully set forth herein,
2. Section 3, Street Use Fee is amended to read as follows:
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to ten per-eent ( twenly percent
(20%) of its Gross Receipts from commercial Solid Waste Customers within the
corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after
the end of the month,
The Contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and arnounts of Gross Receipts received by
the Contractor, based on the records of the Contractor during the month for which
payment is made related to the Contractor's performance under this contract. If
Contractor fails or refuses to make such reports and payments, the City may maintain an
action against the Contractor to recover the same and all expenses of collecting same,
including reasonable attorney fees.
3.1 Future Revenue. In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage
of Gross Receipts frorn such Collection method to be included in the calculation of
amounts due.
3.2 Delinquency Provision. In the event Contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1%). Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
3. Section 4, Term is amended to read as follows:
Section 4 Term
The Renewal Term of the existiniz Ajzreement shall commence Won execution of this
Amendment by the City, and shall continue up to and including October 27, 2013,
unless terminated by the Cily. The City may terminate the Agreement by providing
thirty (30) days written notice to the Contractor, Notwithstandinp,-the Cily's right to
terminate the Agreement earlier, the Agreement shall terminate no later than October
27,2013.
4, Section 5, General Statement of Contractor's Obligations; Scope of Services is amended
by including the following additional language:
Nothing herein is intended to restrict or prohibit Contractor from servicing existi
commercial Solid Waste Customers or soliciting new commercial Solid Waste
Customers during the term of this Agreement.
5. The January 16, 2004 Service Contract between City and Contractor and all subsequent
amendments and addenda thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically delineate any prior terms or
conditions in this Amendment does not operate to relieve City or Contractor of any obligations
pursuant to the Service Contract or waive any rights contained therein,
6. The effective date of this Amendment shall be date of execution by the last party to
execute.
[All signatures on the following page]
IN WITNESS WHERE -OF, the parties hereto have made and executed this Amendment
to Commercial Garbage Franchise Agreement on the respective dates under each signature, the
City of Tamarac signing through its City Manager and its City Commission signing by and
through its Mayor,, and Southern Waste Systems, LLC, signing by and through,
Charles Lomangino , duly authorized to do the same.
TTEIS .
Peter RichaTds y Clerk
Date: ZIQ ) T'q / ..
APPROVED AS TO FORM:
Offi'ceot the ity Attorney
Date:
Signed and delivered
in the presence of witnesses
Sanford Pollack
Print Narne
Date: June 14, 2011
Z4'�Xohj'�
Andrew Plucinski
Print Name
Date: June 14, 2011
CITY OF TAMARAC, FLORIDA
By: P'�C4A tL- ; �L, a--- -
Pamela B hn�jll, Mayor
Date: 16 3
SOUTHERN WASTE SYSTEMS, LLC.
B Y &Wl—
Print'Name^arlee Lomangino
Title: Member / Manager
Date: June 14, 2011
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared Charles Lomangino of Southern
Waste Systems, LLC, who is personally known to me or has produced as
identification to be the person described in and who executed the foregoing Agreement, and
acknowledged execution of the foregoing Agreement as the proper officer of Southern Waste
Systems, LLC, for the use and purposes mentioned in it, and that the Agreement is the act and
deed of Southern Waste Systems, LLC.
WITNESS my hand and official seal this 1-4t1day of June 2011.
.40 Nw,' Notary Public State of FWds
a at d
Cathy =Padzo
V C 'omm's'm CE055M
E x
Pra. 01117 $
My
Commission EE055M
xpires 01117/201$
Notary P ic, State of4orida
At Larg;�`
Print Name of Notary
11 \2009\090529\06.201 1 Amendment to Franchise Agmnt - SOLIthern WaStC Systems.docx
First Amendment to Commercial Garbage Franchise Agreement
Between the City of Tamarac
and
Waste Services of Florida, Inc.
This First Amendment to the Commercial Garbage Franchise Agreement between the
City of Tamalrac ("Ci te Services of Florida, Inc. ("Contractor") is made and entered
into this c��-ay of_= '2011.
WITNESSETH
WHEREAS, the City and Contractor entered into a Service Contract dated February 27,
2002 ("Service Contract"), relating to the furnishing of commercial solid waste collection
services in the City; and
WHEREAS, the term of the Primary Term (section 4.1) of the Service Contract is on a
month -to -month basis until such time as the City chooses to terminate the Service Contract upon
the conclusion of any thirty (30) day period; and
WHEREAS, the Service Contract may be renewed for a longer term (section 4.2) subject
to the City Commission adopting new standards or requiring a new contract; and
WHEREAS, the City, in accordance with Section 403.70605, Florida Statutes, provided
notice to Contractor of a public hearing before the City Commission regarding the City's intent
to take measures necessary to provide residential, multi -family, and commercial solid waste
disposal services through one city-wide franchise; and
WHEREAS, the City Commission did hold such a public hearing on October 27, 2010
and decided to implement measures to provide residential, multi -family, and commercial solid
waste disposal services through one city-wide franchise; and
WHEREAS, Section 403.70605, Florida Statutes provides that a local government may
not displace a private provider of waste disposal services without first holding at least one public
hearing after appropriate public notice and written notice to the appropriate private providers of
waste disposal services; and
WHEREAS, the October 27, 2010 public hearing served as the commencement date for
any three (3) years' notice period which may be applicable pursuant to Section 403.70605(3)(c),
Florida Statutes; and
WHEREAS, pursuant to section 4.2 of the Service Contract, the City and Contractor
desire to establish the time period for the Renewal Term of the Service Contract by extending the
term of the Service Contract until the expiration of any applicable three (3) year notice period
provided by Section 403.70605(3)(c), Florida Statutes; and
WHEREAS, during the Renewal Term the Contractor may continue to provide the same
service it was providing on the date of the public hearing, October 27, 2010; and
WHEREAS, the Service Contract between the City and Contractor provides for a
franchise fee, deemed a Street Use Fee, for the right to operate within the corporate limits of the
City; and
WHEREAS, the City and Contractor agree to amend the Service Contract by amending
the franchise fee applicable to Contractor's operations within the City from ten percent (10%) of
gross receipts to the prevailing market rate of twenty percent (20%) of gross receipts; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows:
I . The foregoing WHEREAS clauses are incorporated as if fully set forth herein.
2. Section 3, Street Use Fee is amended to read as follows:
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to ten pefeent (10%) twenty percent
kZQL/oLof its Gross Receipts from commercial Solid Waste Customers within the
corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after
the end of the month.
The Contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the Contractor, based on the records of the Contractor during the month for which
payment is made related to the Contractor's performance under this contract. If
Contractor fails or refuses to make such reports and payments, the City may maintain an
action against the Contractor to recover the same and all expenses of collecting same,
including reasonable attorney fees.
3.1 Future Revenue. In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage
of Gross Receipts from such Collection method to be included in the calculation of
amounts due.
3.2 Delinquency Provision. In the event Contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1%). Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
3. Section 4, Terrn is amended to read as follows:
Section 4 Term
The Renewal Term of the existiniz AQreement shall commence unon execution of this
Amendment by the City, -and shall continue up to and including October 27, 2013
unless terminated by the Cily. The Ci1y may terminate the Agreement by Droviding
thiqy (30) days written notice to the Contractor. Notwithstanding the City's right to
ten-ninate the Aereement earlier. the A2reement shall terminate no later than October
27,2013.
4. Section 5, General Statement of Contractor's Obligations; Scope of Services is amended
by including the additional language:
Nothing herein is intended to restrict or prohibit Contractor from servicing existing
commercial Solid Waste Customers or soliciting new commercial Solid Waste
Customers during the term of this Agreement.
5. The February 27, 2002 Service Contract between City and Contractor and all subsequent
amendments and addenda thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically delineate any prior terms or
conditions in this Amendment does not operate to relieve City or Contractor of any obligations
pursuant to the Service Contract or waive any rights contained therein.
6. The effective date of this Amendment shall be date of execution by the last party to
execute.
[All signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
to Commercial Garbage Franchise Agreement on the respective dates under each signature, the
City of Tamarac signing through its City Manager and its City Commission signing by and
throuub ts N or, and Waste Services of Florida, Inc., signing by and through,
Vduly authorized to do the same.
ko� Amyg IL"--&
ATTEST:
Peter Richar4on, City Clerk
Date: / �") �L/ Z-Q ) ) ,
APPROVED AS TO FORM:
Office of the Ci y Attorney
e�
Date: ", � 3 lif
Signed and delivered
in the presence of witnesses
Print Name
Date: ;7-
Print Name
Date:
CITY OF TAMARAC, FLORIDA
By: P4"U-pL ILii
Pamela Buonel Mayor
Date: 1013
BY:
Print
Title: y llcex
Date: 1.5--
WASTE SERVICES FLO A, INC.
N a �i e': '�,�VA'1-12- G2A13jq*teL
STATE OF FLORIDA
COUNTY OF BROWARD
C )ncl of Waste
Before me personally appeared V-Mc (;�/
Services of Florida, Inc., who is personally known to me or has produced
as identification to be theperson descri—be—�in—an-T�wexecuted the foregoing Agreement, and
acknowledged execution of the foregoing Agreement as the proper officer of Waste Services of
Florida, Inc., for the use and purposes mentioned in it, and that the Agreement is the act and deed
of Waste Services of Florida, Inc.
WITNESS my hand and official seal this /? day of 2011.
N �Public, Sta�teof lorida���
NOTARY PUT3LIC�STATF, OF rLORIDA At Large
G� � 3o M699357
JQC
111Y 26,2011
13C�NLD THRU ATI.�10.'Ie BONDING CO., INC. Prin�tame �ofNotary
H:\2009\090529\06.2011 Amendment to Franchise Aginnt - Waste Services of Florida, Inc docx
First Amendment to Waste Haulers Franchise Agreement
Between the CiLv of Tamarac
and
Republic Services of Florida, Limited Partnersh
j2 d/b/a All Service Refuse
This First Amendment to the Waste Haulers Franchise Agreement between the City of
Tamarac ("City") and Republic Services of Florida, Limited Partnership d/b/a All Service Refuse
("Contractor") is made and entered into this day of 2011.
WITNESSETH
WHEREAS, the City and Contractor entered into a Service Contract dated September 1,
1992 ("Service Contract"), relating to the furnishing of commercial solid waste collection
services in the City; and
WHEREAS, the term of the Primary Tenn (section 4.1) of the Service Contract is on a
month -to -month basis until such time as the City chooses to terminate the Service Contract upon
the conclusion of any thirty (30) day period; and
WHEREAS, the Service Contract may be renewed for a longer terrn (section 4.2) subject
to agreement between the parties; and
WHEREAS, the City, in accordance with Section 403.70605, Florida Statutes, provided
notice to Contractor of a public hearing before the City Commission regarding the City's intent
to take measures necessary to provide residential, multi -family, and commercial solid waste
disposal services through one city-wide franchise; and
WHEREAS, the City Commission did hold such a public hearing on October 27, 2010
and decided to implement measures to provide residential, multi-farnily, and commercial solid
waste disposal services through one city-wide franchise; and
WHEREAS. Section 403.70605, Florida Statutes provides that a local government may
not displace a private provider of waste disposal services without first holding at least one public
hearing after appropriate public notice and written notice to the appropriate private providers of
waste disposal services; and
WHEREAS, the October 27, 2010 public hearing served as the commencement date for
any three (3) years' notice period which may be applicable pursuant to Section 403.70605(3)(c),
Florida Statutes; and
WHEREAS, pursuant to section 4.2 of the Service Contract, the City and Contractor
desire to establish the time period for the Renewal Tenn of the Service Contract by extending the
term of the Service Contract until the expiration of any applicable three (3) year notice period
provided by Section 403.70605(3)(c), Florida Statutes; and
WHEREAS, during the Renewal Term the Contractor may continue to provide the same
service it was providing on the date of the public hearing, October 27, 2010; and
WHEREAS, the Service Contract between the City and Contractor Provides for a
franchise fee, deemed a Street Use Fee, for the right to operate within the corporate limits of the
City; and
WHEREAS, the City and Contractor agree to amend the Service Contract by amending
the franchise fee applicable to Contractor's operations within the City from ten percent (10%) of
gross receipts to the prevailing market rate of twenty percent (20%) of gross receipts; and
NOW THEREFORE, in consideration of the mutual promises contained herein, the
parties agree as follows: -
I . The foregoing WIJEREAS clauses are incorporated as if fully set forth herein.
2. Section 3, Street Use Fee is amended to read as follows:
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to twenty percent (20%) of its Gross
Receipts from commercial Solid Waste Customers within the corporate limits of
Tamarac. Payments shall be due no later than thirty (30) days after the end of the month.
The Contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the Contractor, based on the records of the Contractor during the month for which
payment is made related to the Contractor's performance under this contract. If
Contractor fails or refuses to make such reports and payments, the City may maintain an
action against the Contractor to recover the same and all expenses of collecting same,
including reasonable attorney fees.
3.1 Future Revenue. In the event Contractor establishes any other methods of
Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage
of Gross Receipts from such Collection method to be included in the calculation of
amounts due.
3.2 Delinquency Provision. In the event Contractor fails to make the payment for this
Franchise on or before the date due as hereinabove provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1%) Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days � Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
3. Section 4, Term is amended to read as follows:
Section 4 Term
The Renewal Term of the existing Agreement shall commence upon execution of this
Amendment by the City, and shall continue up to and including October 27, 2013,
unless terminated on an earlier date by the City for cause after written notice to
Contractor of default and opportunity to cure as set forth in Section 16A of the
existing Agreement, The City may only terminate the Agreement for cause following
no less than thirty (30) days written notice to the Contractor and failure of Contractor
to cure default pursuant to Section 16.1 of the existing Agreement. Subject only to
the City's right to terminate the Agreement for cause under Section 16.1 of the
existing Agreement, the Agreement shall terminate no sooner than October 27, 2013.
4. Section 5, General Statement of Contractor's Obligations; Scope of Services is amended
by including the additional language:
Nothing herein is intended to restrict or prohibit Contractor from servicing existing
commercial Solid Waste Customers or soliciting new commercial Solid Waste
Customers during the term of this Agreement.
5, The Contractor acknowledges and agrees that the City has complied with all notice
provisions contained in Section 403.70605(3), Fla. Stat. and, the Contractor agrees that
upon the conclusion of the Renewal Term on October 27, 2013, the Contractor's
Commercial Garbage Franchise within the boundaries of the City will terrninate.
6. The September 1, 1992 Service Contract between City and Contractor and all subsequent
amendments and addenda thereto not subject to this or other duly executed amendments and
addenda remain in full force and effect. Failure to specifically delineate any prior terms or
conditions in this Amendment does not operate to relieve City or Contractor of any obligations
pursuant to the Service Contract or waive any rights contained therein.
7. Tbe effective date of this Amendment shall be date of execution by the last party to
execute.
[All signatures on the following page]
IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment
to Waste Haulers Franchise Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through its
Mayor, and Republic Services of Florida, L.P. d/b/a All Service Refuse, signing by and through,
Robert Hely, duly authorized to do the same.
ATTEST:
Peter Richardso i y Clerk
Date: -11"Q 1) 1
APPROVED AS TO FORM:
Office bf the C't Attorpey
Date: WZ-3/Z/
Signed and delivered
in the presence of witnesses
Print Name
Date:
Print Name
Date:
CITY OF TAMARAC, FLORIDA
By-, ___ ,,L �1 �L, t �
Pamela Bushnell, Mayor
Date: 1013111
REPUBLIC SERVICES OF FLORIDA,
LIMITED PARTNERSHIP
d/b/a ALL SERVICE REFUSE
by and through its General Partner
Republic Services of Florida GP, Inc.
By:
Robert Hely'/
Area Municipal Services Manager
Date:
/1 /-7 "15'
STATE OF FLORIDA
COUNTY OF BROWARD
Before me personally appeared ROBERT HELY, the Area Municipal Services Manager
of Republic Services of Florida, GP, Inc., the General Partner of Republic Services of Florida,
Limited Partnership, who is EHLo� known to me or has produced as
identification to be the person described in and who executed the foregoing Agreement, and
acknowledged execution of the foregoing Agreement as the proper officer of the General Partner,
Republic Services of Florida, GP, Inc., to act for Republic Services of Florida, L.P. d/b/a All
Service Refuse, for the use and purposes mentioned in it, and that the Agreement is the act and
deed of Republic Services of Florida, L.P. d/b/a All Service Refuse.
WITNESS my hand and official sea] this S day of
Notary Public, State of Florida
At Large
/p, i'." " -�� e "; i� - I'l 0 " r"' 4�-
Print Name of Notary
MIAMEW E-
MY COMMISSION # EE 032B62
EXPIRE& NOVOMber 1, 2014
T4w Notary pubiic Undenoters
Bonded
H:\2009\090529\Commercial Waste Agrnnt Aniendnients\08,201 I Aniendmcnt to Franchise Agnint - All Service Refuse.doex