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City of Tamarac Ordinance O-2007-012
Temp. Ord. # 2138 April 25, 2007 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2007r_Z62^ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A COMMERCIAL GARBAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND FSR TRANSPORTING AND CRANE SERVICES, INC. ; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, § 19-29 of the City of Tamarac Code of Ordinances-pro-v4des that any person desiring to engage in the business of collecting garbage and trash in the City shall, before commencing in or soliciting such business, enter into a franchise agreement with the City; and WHEREAS, § 19-36 of the City of Tamarac Code of Ordinances establishes a limitation on the number of commercial garbage franchises at a maximum of seven (7) and provides standards to be considered when granting franchises; and WHEREAS, there are presently six (6) commercial garbage franchises in the City, including All Service Refuse, Waste Management, DisposAll of South Florida, Southern Waste Systems, Ace Waste Services, and Public Waste Services, LLC; and WHEREAS, FSR Transporting and Crane Services, Inc. has requested to enter into a Commercial Garbage Franchise Agreement with the City and has provided all required insurance, bonds, and application fees; and WHEREAS, a review of FSR Transporting and Crane Services, Inc. operations and equipment indicates satisfactory performance and an ability to satisfy all required prerequisites as set forth by City Code in order to be awarded a franchise; and Temp. Ord. # 2138 April 25, 2007 Page 2 WHEREAS, the Director of Public Works recommends the execution of a Commercial Garbage Franchise Agreement between the City of Tamarac and FSR Transporting and Crane Services, Inc. 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 Commercial Garbage Franchise Agreement between the City of Tamarac and FSR Transporting and Crane Services, Inc. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute the Commercial Garbage Franchise Agreement between the City of Tamarac and FSR . Transporting and Crane Services, Inc. attached hereto as Exhibit "1 It. SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other 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. 1 1 1 .7 L Temp. Ord. # 2138 April 25, 2007 Page 3 SECTION 5: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this q4h day of m0. 16701 PASSED, SECOND READING this 13 day of `--/'% 49p� % ATTEST: % RECORD OF COMMISSION VOTE: 1st Reading MARION SWE SON, CMC MAYOR FLANSBAUM-TALABISCO _ ems_ CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. s7dm — &w b�' S UEL S. OPREN CITY ATT NEY DIST 1: COMM. PORTNER Aye DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF Me DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER Gr&1R DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER 7�ai3� CONTRACT BETWEEN CITY OF TAMARAC AND FSR TRANSPORTING AND CRANE SERVICES, INC. TABLE OF CONTENTS Section Description Page 1 Definitions 2 2 Grant 4 3 Fees 5 4 Term 6 5 Obligations/Scope of Service 6 6 Disposal of Solid Waste 7 7 Recycling Program 8 8 Labor Force 8 9 Equipment 9 10 Performance Bond 9 11 Vehicle Identification 10 12 Regulation of Collection Containers 10 13 Health and Sanitation 11 14 Performance Evaluation and Monitoring 11 15 Non -Compliance by the Contractor 12 16 Termination by the City 12 17 Books and Records 14 18 Indemnification 14 19 Insurance 14 20 Contractor's Local Office 17 21 Customer Complaints 17 22 Miscellaneous Provisions 18 Exhibits 26 it SERVICE CONTRACT This Service Contract (hereafter the "Contract") is made by and between the CITY OF TAMARAC, FLORIDA, a home rule municipal corporation (hereafter the "City") and, FSR TRANSPORTING AND CRANE SERVICES, INC., a Florida limited liability company, (hereafter the "Contractor"), both acting by and through their duly authorized agents and representatives. (The City and the Contractor may be hereinafter referred to together as the "Parties.") RECITALS WHEREAS, the City desires to provide commercial establishments within its corporate city limits with solid waste collection, transport and disposal services by engaging independent contractors to perform such services; and WHEREAS, a Florida limited liability company with offices in POMPANO BEACH, FLORIDA, desires to provide the City with commercial solid waste disposal services on a contract basis. NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set forth, the Parties mutually agree as follows: SECTION 1. DEFINITIONS Unless otherwise specified herein the following terms shall have the following meanings: 1.1 "Collection", "Collect", and "Collected" shall all refer to and mean the collection from the Customer's premises, Storage (as that term is herein defined) if necessary, delivery to the appropriate disposal site, and proper disposal of solid waste, all in compliance with all applicable federal, state, county, and local laws, statutes, ordinances, rules, and regulations. 1.2 "Contract Year" shall mean a twelve-month period of time beginning on the 2 1.2 "Contract Year" shall mean a twelve-month period of time beginning on the Commencement Date (as herein defined) and any successive 12-month period thereafter. 1.3 "Customers" shall mean those persons and/or entities which enter into service contracts with Contractor forthe Collection of Solid Waste, such as industrial and business sites, office, warehouse and apartment buildings and complexes and other similar locations, including construction sites and demolition projects. 1.4 "Environmental Laws" shall mean any and all state, federal and local statutes, rules, regulations and ordinances relating to the protection of human health or the environment including, without limitation, the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. '6901, et seq., the Comprehensive Environmental Response Compensation, and Liability Act of 1980,42 U.S.C., '9601, et M., as amended by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, 49 U.S.C. '6901 et seg., the Federal Water Pollution Control Act, 33 U.S.C. '1251, et seg., the Clean Air Act, 42 U.S.C. '7401, et seg., the Toxic Substances Control Act, 15 U.S.C. '2601, et seg., the Safe Drinking Water Act, 42 U.S.C. "300f-300j, the United States Environmental Protection Agency's rules concerning Underground Storage Tanks, 53 Fed. Reg. 37082 (9/23/88), all as amended now and in the future, and any similar federal, state and local environmental statutes and ordinances and the rules and regulations, orders and decrees now or hereafter promulgated thereunder, during the term of this Contract. 1.5 "Equipment" shall mean all vehicles, machinery, tools and equipment, as well as related supplies and materials reasonably necessary for the Contractor's performance hereunder. 1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection services, delivery charges, fees for late payments and any additional revenue (including receipts from recycling) related to the Contractor's performance under this Contract. 3 1.7"Recycling" shall mean the reclamation and/or recovery from Solid Waste of all recyclable matter including, but not limited to, glass, paper, cardboard, plastic, tin and aluminum. 1.8 "Solid Waste" shall mean garbage, trash, refuse, and other solid waste material including, but not limited, to animal and vegetable waste materials; from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and handling and sale of produce and other food products, and such combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; as well as noncombustible waste materials, including glass, crockery, metal cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures as referred and defined in the interlocal agreement between the City of Tamarac and Broward County, herein attached as Exhibit A. 1.9 "Storage" shall mean the holding of Solid Waste for a temporary, period (less than 24 hours, and not overnight, but in accordance with Florida, or local laws or regulations), at the end of which the Solid Waste is processed, disposed of, or permanently stored elsewhere. 1.10 "Transfer Station," shall mean that location or locations and facilities established and designated by Broward County as loading sites in and around the City so as to provide for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as well as the weighing of the Solid Waste. SECTION 2. GRANT In consideration of the Contractor's performance hereunder and compliance with the covenants and conditions set forth herein, and in the ordinances and regulations of the City governing the Collection of commercial Solid Waste, the City hereby grants to the Contractor the nonexclusive right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and thoroughfares within the corporate limits of the City for the 4 purpose of engaging in the business of Collection of Solid Waste for commercial Customers located within the corporate limits of the City pursuant to the terms of this Contract, but not otherwise. SECTION 3. STREET USE FEE 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 a ten percent (10%) 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 the 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 5 state laws. SECTION 4. TERM 4.1 Primary Term The term of this Contract shall be on a month -to -month basis commencing , 2007 for a thirty (30) day period until such time as the City chooses to terminate the Contract upon the conclusion of any thirty (30) day term. 4.2 Renewal Term This Contract is on a month -to -month basis and may be renewed for a longer term subject to the City Commission adopting new standards or requiring a new contract. SECTION 5. GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS; SCOPE OF SERVICES Contractor hereby agrees to Collect all Solid Waste generated by Commercial Customers within the corporate city limits of the City. The Contractor shall, at its own cost and expense, furnish trained personnel and appropriate well maintained Equipment (as referenced in Section 9 of the Contract). The Contractor shall provide the number and size of collection vehicles for sufficient capacity to adequately and efficiently service all units. The Contractor will establish and maintain scheduled Collection routes and special schedules as may be necessary to meet the Collection service requirements of the Customers located within the corporate City limits of the City. Further, the Contractor, at its own cost and expense, shall provide for the solicitation, servicing and billing of Customers, and shall recommend schedules of service to said Customers. Unless otherwise established by City ordinance, Collection schedules for commercial Solid Waste shall be determined by the Contractor based upon negotiations with its Customers. The Contractor acknowledges and agrees that Contractor shall be obligated to take such actions as necessary to fulfill its duties and obligations hereunder and that the City may from time to time issue written directions to the Contractor clarifying the scope of Contractor's services to fulfill the intent of this Contract. This franchise agreement does not provide for medical waste disposal. ;i SECTION 6. DISPOSAL OF SOLID WASTE The Contractor shall deliver commercial Solid Waste Collected pursuant to this Contract to the approved Broward County Recovery disposal facilities or to any Transfer Station which may hereafter be utilized in the future by the City and approved by Broward County (such site hereafter called the "Disposal Site"). Contractor shall not be reimbursed by the City for costs and expenses actually paid by Contractor to Broward County for the use of the Disposal Site for disposal of commercial Solid Waste Collected pursuant to this Contract. Any alternative disposal site must be approved in writing by the City prior to its use by Contractor. All laws, rules and regulations governing hours of operation and disposal practices at the Disposal Site shall be strictly observed by the Contractor. The Parties hereby agree that all services provided by the Contractor pursuant to this Contract shall be carried out in a competent and business like manner and in compliance with the standards and specifications set forth in the attached Exhibit "B" (hereafter "Performance Standards"). Contractor shall not engage any subcontractor without written prior approval of the City. The City Commission of the Tamarac (hereinafter the "Commission") reserves the right to revise the Performance Standards as it determines within its sole discretion, such revisions to be necessary or proper to secure the safety, welfare and accommodation of the public; provided that prior to the revising or establishing of new or additional Performance Standards, the Commission shall invite and allow the Contractor to submit any information it may wish for review by the Commission. The City reserves the right of Commission to seek advice from the City Manager designate, or such other person or persons as may be responsible for management of Solid Waste Collection within the city limits of Tamarac. Any revision or establishment of new Performance Standards shall be approved by the Commission and upon such approval shall become a part of this Contract as though fully set forth herein. The allocation, as between the Parties, of any and all costs which may hereafter be incurred by the Contractor in conforming with any changes in the Performance Standards, should any such changes be made, shall, at that time, be negotiated by the Contractor and the Customer in good faith. 7 SECTION 7. RECYCLING PROGRAM 7.1 General Contractor shall establish a Recycling program for its commercial Customers which shall be in compliance with the laws established by the United States Environmental Protection Agency, the Florida Department of Environmental Regulation (DER) and the City of Tamarac to reduce the impact of waste by Recycling materials such as, but not limited to, glass, tin, aluminum, cardboard, plastic, and paper. 7.1A Recyclina Component for Tamarac Solid Waste Agreement This portion of the Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be known as the recycling component. The Contractor shall comply with all rules, regulations, and laws of the United States Environmental Protection Agency, Florida Department of Environmental Regulation, Florida Statutes, County and City ordinances, including keep Tamarac Beautiful Program (Exhibit C), regulations, including future requirements which have been presently promulgated and are pending or as yet to be announced. 7.2 Sale of Recyclable Materials Contractor shall use its best efforts to maximize the economic return from the sale of the recyclable materials. 7.3 Reporting Requirements The franchise collector shall keep records of recyclable materials picked up in the City, so as to allow the City to meet the State of Florida DER reporting requirements. These reporting requirements must be included in the Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly tonnage report, and a breakdown of the commodities recycled). Information must be provided on the State's approved report form as amended hereto. SECTION 8. LABOR FORCE Contractor shall provide the City with written information regarding compliance with this provision upon request of the City. Contractor shall employ only such superintendents, foremen, and workmen who are reasonably careful and competent and fully qualified to perform the duties or tasks assigned to them. All employees of Contractor and/or its 0 subcontractors, if any shall comply with all laws and regulations, and shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of their assigned duties. SECTION 9. EQUIPMENT Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as is considered reasonably necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipment shall be maintained in a first class, safe and efficient working condition throughout the term of the Contract and any renewal period. Contractor shall establish a regular preventative maintenance program for all Equipment and shall maintain records of preventative maintenance and other maintenance repairs to the Equipment. Contractor shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall establish reasonable procedures and programs to prevent property loss or damage and/or personal injury to persons, including, but not limited to, employees performing such work and all other persons who may be affected hereby. Contractor shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this Contract. Contractor shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operating of the Equipment and such files and records shall be available upon reasonable notice for review by the City. SECTION 10. PERFORMANCE BOND OR SECURITY Except as provided herein, as security the Contractor shall furnish to the City a Performance Bond, Letter of Credit or Cash Bond guaranteeing the faithful performance of this Contract. The Security shall be in a form acceptable to the City's Attorney and shall be for the term of this Contract and in an amount equal to the greater of $2,500, or a sum amounting to the annual average of three months of franchise fees for the past contract 9 year, if less than 12 months, the actual number of months of service shall be used in calculation. The Security shall be furnished to the City by the Contractor within ten (10) days of the date of execution of this Contract or any renewal hereof. Without limiting any other indemnity provisions herein, said Security shall indemnify the City against any loss, expense, cost or damage resulting from any default by Contractor hereafter or any failure of performance by the Contractor. The City Attorney is hereby delegated the authority to approve not only the form of the Security, but also the financial capabilities of the surety to perform. SECTION 11. VEHICULAR IDENTIFICATION All vehicles and equipment used by the Contractor for the Collection commercial Solid Waste shall be clearly marked with the Contractor's name in letters of a size sufficient to reasonably identify the vehicle, but not less than five inches (F) in height. In the event the City shall at any time require, the Contractor shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than five inches (F) in height. SECTION 12. REGULATION OF COLLECTION CONTAINERS The Contractor shall provide its Customers with appropriate containers for Collection of commercial Solid Waste, subject to the following requirements: (i) All such containers shall be constructed according to the generally accepted industry standards. (ii) All roll -off containers shall be covered to prevent the scattering of the container's contents while in transit. (iii) All such containers shall be cleaned and maintained on a regular basis by the Contractor so as to be in good repair. (iv) All such containers shall be clearly marked with the Contractor's name and telephone number in letters not less than two inches (2") in height. Contractor shall replace any damaged container within forty- 10 eight (48) hours if notified by the City or its Customers. SECTION 13. HEALTH AND SANITATION The Contractor shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness and Collection of Solid Waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. The Contractor shall maintain at its sole cost and expense copies of all permits and licenses required for its Collection of Solid Waste services either from the City, County, State or Federal Government. SECTION 14. PERFORMANCE EVALUATION AND MONITORING 14.1 Reimbursement of Costs Contractor shall reimburse the City for all documentable, out-of-pocket costs and expenses incurred by the City in connection with the award of this Contract to Contractor. On or before the 30th day after the end of the contractor extension thereof, the City shall submit to the Contractor a detailed list of all such costs which are reimbursable pursuant to this provision. Such costs shall be certified as to their completeness and accuracy by the City Manager and shall be deemed accurate unless the Contractor notifies the City in writing of its disagreement to any such costs within thirty (30) days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this provision shall not exceed an aggregate amount of Three Thousand Five Hundred and Dollars ($3,500) and shall be paid by the Contractor 45 days after receipt of invoice from the City. 14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred in auditing the gross receipts of Contractor under this Contract. Such costs shall be submitted to Contractor in writing within thirty (30) days after the completion of each audit no more often than annually. Such costs shall be certified as to completeness and accuracy by the City Manager of the City shall be deemed accurate unless Contractor notifies the City in writing of its disagreement with any such cost within thirty (30) days after receipt thereof. Reimbursement pursuant to this provision shall be paid by the Contractor 11 to the City on or before forty-five (45) days after receipt of such costs from the City and such reimbursement shall not exceed an aggregate amount of Four Thousand and no/100 Dollars ($4,000) per Contractor for any Agreement Year. SECTION 15. NON-COMPLIANCE BY THE CONTRACTOR In the event Contractor shall fail to perform any of the material provisions of this Contract, the City shall provide the Contractor with written notice of its non-compliance, stating with reasonable particularity facts relating thereto. Thereafter, if the practice, event or condition is not reformed, corrected or otherwise made to comply with the terms of this Contract within a period of time which is reasonable in relation to the nature of the practice, event or condition of Non-compliance, but in no event more than ten (10) days from the date of the notice of violation, the same shall constitute an Act of Non-compliance. For each such Act of Non-compliance, the Contractor shall pay the City the sum of One Hundred Dollars ($100) per day for each day that such Act of Non-compliance shall continue. This remedy is hereby expressly made cumulative of other remedies available to the City at law or in equity for breach of this Contract. SECTION 16. TERMINATION BY CITY 16.1 Termination by City for Cause 16.1.1 Default Default by the Contractor shall occur if the Contractor fails to observe or perform a material portion of its duties under this Contract ("Default"). The City may terminate the Contractor's performance of services under this Contract in the event of Default by the Contractor and a failure by the Contractor to cure such Default after receiving notice thereof, all as provided in this subsection. Should Default occur, the City may deliver a written notice to the Contractor describing such Default and the proposed date of termination. Such date may not be earlier than the thirtieth (30th) day following receipt of the notice. The City, at its sole option, may extend the proposed date of termination to a later date. If prior to the proposed date of termination, the Contractor cures such Default, then the 12 proposed termination shall be ineffective. If the Contractorfails to cure such Default prior to the proposed date of termination, then the City may terminate the Contractor's performance under this Contract as of such date. 16.1.2 Post Termination Services Upon the effective date of termination as contained in the notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Contract and shall proceed to cancel promptly all existing orders chargeable to this Contract. Within ten (10) days of receipt of notice of termination, the Contractor shall submit to the City monthly reports and revenues required under this Contract to the date of termination. 16.1.3Remedies In addition to, or in lieu of, the termination procedure set above, the City may take any or all of the following actions in the event of a default by the Contractor: (1) If the City determines, and notifies the Contractor, that such Default poses an immediate threat to the health or safety of any person or to any property interest, and if the Contractor has not cured such Default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such Default. In the event that the City performs such work, or causes it to be performed, the Contractor shall bear the cost of such work, and if necessary, shall reimburse the City for the cost thereof. The City shall have the right to deduct any such compensation due to the City from any sums otherwise due and owing to the Contractor. (ii) The City may make or file a claim under the Performance Bond, Letter of Credit, or Cash Bond for any damages, costs, expenses or liabilities that the City has incurred as a result of Contractor's default. (iii) City may exercise its rights under Section 15 hereof. 13 SECTION 17. BOOKS AND RECORDS The Contractor hereby agrees to maintain, at its local office or principal place of business within Broward County, adequate books and records relating to the performance of its obligations under this Contract and in a form sufficient to identify its gross receipts. The City or its auditor may request to review those books and records which are reasonably necessary to determine gross receipts and the Contractor shall provide same. Audits, upon reasonable notice, by the City shall not be performed more frequently than once a year during normal working hours. The City may, upon reasonable notice, cause an audit to be performed by City Personnel or by an independent party designated by the City of that portion of the Contractor's books and records relating to its payments for gross receipts. The cost of an annual audit pursuant to this provision shall be a reimbursable cost under Section 14 hereof. No original notes or work papers can be removed from the inspection location. SECTION 18. INDEMNIFICATION 18.1 Contractor's Indemnification of City The Contractor hereby assumes risk of loss and/or injury to property and/or persons arising directly or indirectly from the performance of any of its obligations under this Contract and further agrees to indemnify and hold harmless the City, its officers, agents, servants and employees from and against any and all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or injury. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against the City arising out of any of the Environmental Laws (as herein defined). SECTION 19. INSURANCE 19.1 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 14 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. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: Limits Line of Business/ Coverage Occurrence Aa_grenate Commercial General Liability Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability Workers' Compensation & Employer's Liability iN7 $1,000,000 $1,000,000 Statutory $1,000,000 $1,000,000 The City reserves the right to require higher limits depending upon the scope of work under this Agreement. Neither Contractor nor any subcontractor 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 subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies are required. Each carrier will give the City sixty (60) days notice prior to cancellation. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Contractor's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. 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. If the Contractor is to provide professional services under this Agreement, the Contractor must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 16 SECTION 20. CONTRACTOR'S LOCAL OFFICE 20.1 Office/Managing Agent Throughout the term of this Contract, the Contractor shall establish and maintain a local office or authorized managing agent within the Broward County and shall designate in writing within ten (10) days of execution of this Contract the agent upon whom all notices may be served from the City. Service upon Contractor's agent shall always constitute service upon the Contractor. 20.2 Hours Contractor's local office shall be open during collection hours so that customers can lodge complaints, request for information, and requests for service. At a minimum, the Contractor's local office shall be available during the hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 20.3 Staffing Contractor's local office shall have a responsible person in charge during collection hours on collection days, shall be equipped with sufficient telephones, a local telephone number, and sufficient attendants to receive telephone calls. Attendant(s) shall receive calls in a courteous and polite manner, record all complaints, and resolve all complaints in an expeditious manner within the next business day. SECTION 21. CUSTOMER COMPLAINTS Contractor shall within ninety (90) days of the Commencement Date of this Contract establish a written procedure for handling all service complaints from Customers. A copy of such procedure shall be kept at the local office of Contractor and provided to the City within such ninety (90) day period. At a minimum the Customer complaint procedure shall provide that all Customer complaints shall be resolved within the next business day of receipt of such complaint. Further the Contractor shall supply the City upon request with copies of all complaints indicating the date and hour of the complaint, the nature of the complaint and the manner and timing of its resolution. The Contractor shall maintain a customer complaint log during the term of this contract. If a complaint is not resolved to the satisfaction of the customer the City shall have the right to intervene on behalf of that customer. 17 SECTION 22. MISCELLANEOUS PROVISIONS 22.1 Independent Contractor The relationship of the Contractor to the City shall be that of an independent contractor, and no principal -agent or employer -employee relationship between the parties is created by this Contract. By entering into this Contract with the City, Contractor acknowledges that it will, in the performance of its duties under this Contract, be acting as an independent contractor and that no officer, agent or employee of the Contractor will be for any purpose an employee of the City and that no officer, agent or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statutes of the State of Florida and ordinances of the City. 22.2 Non -waiver of Powers and Regulations This Contract shall not be taken or held to imply the relinquishment or waiver by the City of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and the City hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Further, nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the City, including the right to make such changes and amendments to said rules and regulations as said City may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. 22.3 Venue This Contract shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 22.4 Exhibits The Exhibits "A", "B", and "C, are incorporated herewith by reference for all purposes as though fully set forth. 22.5 Paragraph Headings The section and paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. 22.6 Entire Agreement This Contract constitutes the entire agreement and understanding between the Parties relating to the subject matter, and it shall not be modified, altered, changed or amended in any respect unless done so in writing and approved by Resolution of the City Commission of the City. 22.7 Bankruptcy This Contract shall terminate in the case of bankruptcy (whether voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such termination shall take effect on the day and at the time that the bankruptcy action is filed. 22.8 Discrimination ,Prohibited; Affirmative Action Contractor, in the execution, performance, or attempted performance of this Contract, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. The said Franchise Collector's employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977) understand and agree that this Contract is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchise Collector herein assures the City that said Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as herein above referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam - Era Veterans and Disabled Veterans within its protective range of applicability. The Contractor must be an Equal Opportunity Employer and have an affirmative action plan. 22.9 Time is of the Essence Time shall be deemed to be of the essence of this Contract whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 22.10 Right to Require Performance The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the rights of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such 19 22.11 Unenforceable Provisions If any provision of this Contract shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. 22.12 Notices Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: Contractor: Thomas Genesio, President FSR Transporting and Crane Services, Inc. 1440 S.W. 315t Avenue Pompano Beach, Florida 33069 Telephone (954) 917-9765 City: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (954) 597-3510 With a copy to: City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (954) 597-3528 22.13 Force Ma, ieure Neither the Contractor nor the City shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of the Contractor. 22.14 Prior Contracts This Contract supersedes and replaces all verbal communications, agreements and any previous written contracts, and effective immediately, which contract, upon the effective date of this Contract shall be null and void and of no further force and effect. 20 22.15 Approval by the City Commission This Contract shall not be considered fully executed or binding or effective on the City until the same shall have been approved and accepted by the City Commission of the City of Tamarac in open meeting as required by law and executed by the Contractor and the City. After such approval and acceptance, the City shall deliver to the Contractor a certified copy of the Resolution as evidence of the authority of the person authorized to bind the City to the terms, covenants and provisions of this Contract and to perform the same in accordance herewith. 22.16 Compliance with Laws Contractor, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. 22.17 Riqht to periodic reviews. The City shall have the right to conduct periodic public meetings, to review and consider the performance of the contractor regarding its compliance with the material terms of the franchise, any amendments desired by the contractor, the need for any future new services, and potential amendments to the franchise reflecting service requirement changes based on advancements in technology or demonstrated community needs. 22.18 Changes in law. Should the State of Florida, City, County, United States or Federal agency, or any State or Federal Court, or any agency thereof require either Broward County, City of Tamarac, or the Contractor to act in a manner which, affects or, is inconsistent with any provisions of the Franchise Docur %lents, the City Commission shall be authorized to determine whether a material provision of the Franchise Documents is affected in relation to the rights and benefits conferred by the Franchise Documents upon the City or the public. Upon such determination, the City and Contractor shall negotiate in good faith to modify or amend the franchise to such extent as may be necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of the City, or the public. 21 22.19 Accounting standards. Not less than annually, the Contractor shall provide the City with an unqualified certification of an independent certified public accountant certifying the accuracy of the monthly franchise fee payments paid within the preceding twelve (12) months. (Remainder of Page Intentionally Left Blank) 22 Commercial Garbage Franchise Agreement Between The City of Tamarac And FSR Transporting and Crane Services, Inc. This Contract shall be effective this the , which shall be the Commencement Date hereof. F."INU N Marian -Swenson, MC City Cterk Approved as to form by: -- ioao A, s^ s/� � Sa uel or City Attorne THE CITY OF TAMARAC, FLORIDA By:A"96not - j6l�) Beth Flansbaum-Talabisco Mayor Date: ,,'j I a-t s By.-;� Jeffr L. Miller City Manager Date: 2,q "0-7 W STATE OF FLORIDA :SS COUNTY OF BROWARD : I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County ore aid to take acknowledgements, personally appeared Mj"rA(,nR,hn��lli glob off,, 'lle'o me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that be tl-i l executed the same. ,C, WITNESS my hand and official seal this Ll-h day of _ YY)p _ , 2007. O✓uo'k- j Y140 NOTARY PUBLIC, State of Florida at Large Mw1on SOON , comrrn .. D0280M Expires oct W 24, 2p07 (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( �) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ��) DID NOT take an oath. 24 City of Tamarac Agreement for Commercial Waste Haulers ATTEST: C porate Secretary (Corporate Seal) STATE OF FLORIDA :SS COUNTY OF BROWARD : By: Director I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State afor sa' and in t County aforesaid to take acknowledgements, personally appeared 1170MAS to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this day of ruu mac, 194 , 2007. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) 1� �) Personally known to me, or Produced identification Type of I.D. Produced VKDID take an oath, or ( ) DID NOT take an oath. 25 LIST OF EXHIBITS Exhibit "A" - Intergovernmental Agreement between the City of Tamarac and Broward County Exhibit "B" - Performance Standards Exhibit "C" - Keep Tamarac Beautiful Program Q1 WN:11=1kiY_W INTERLOCAL AGREEMENT BETWEEN TAMARAC AND BROWARD COUNTY SEE A,TTA,CH'MENT 27 EXHIBIT "B" CITY OF TAMARAC PERFORMANCE STANDARDS Commercial Container Collection (a) Container Sizes available: Based on General Industry Standards (b) Schedules Available: Six times weekly (for food establishments), or minimum of once per week (See Section 19.2 (a) & (b) of Tamarac City Code for further details). (c) Hours of _Operation: See Section 9.86 through 9.91 of Tamarac City Code. (d) New Service: A listing will be maintained it the Yellow Pages. (e) Blocked Containers: If access to a container or the equipment is blocked to prohibit the collection or interfere with collection in any manner, customer will be notified and one additional attempt for collection shall be made by the Company's vehicle within a reasonable time period. (f) Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. The pickup will be rescheduled when excess refuse has been removed. (g) Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged or maintained at no greater than 24 month intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond the control of the Contractor, the container will be exchanged upon the request of the customer. (h) Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. m (i) Non -Payment: Customers will be notified in writing no more than 45 days past due. If unpaid after 60 days, customer will be notified in writing that service is being suspended until account is paid in full. Notification will be sent to the City of Tamarac's Code Enforcement Division. (j) We ght:- Customer shall not overload containers in excess of the acceptable industry standards. Contractor may charge customers for extra trips or waiting time caused by such overloading. If customer refuses to remove such material, company or company's agents may remove such material. 2. General (a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday. (b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days will be omitted. (c) Weather permitting, all vehicles used by the Contractor shall be washed one time per week. (d) The Franchise Collector shall preserve from damage all property along the route of the Collection Services, or which is in the vicinity of or is in any way affected by the performance of the Collection Services. This applies, but is not limited, to the public utilities, trees, lawn areas, building monur:ents or markers, fences, pipe, and underground structures, public streets, (except natural wear and tear of streets resulting from legitimate use thereof by the franchise collector), and wherever such property is damaged due to the activities of the Franchise Collector, it shall be restored, within a reasonable period of time to, its prior condition by the Franchise Collector at its own expense. The franchise collector shall act in good faith. 29 EXHIBIT "C" KEEP TAMARAC BEAUTIFUL PROGRAM The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program. *Educating and involving citizens, businesses, community organizations and government in responsible voluntary actions that will influence citizen participation in promoting a cleaner, safer, healthier, and more beautiful community. *Studying, investigating and developing plans for the cleanliness of the City. *Furthering the advancement of geographical recycling through education, promotion, solicitation of funds and implementation of facilities and programs on the local level. *Soliciting and accepting donations and appropriations of monies, services, products, property, facilities and disbursement of said funds for the accomplishment of the objectives of this program. 30 For)y. - Certificate Of Insurance Page 1 of 2 CERTIFICATE OF LIABILITY INSURANCE I DAT2/22z 0D/YY) I PRODUCER (954)382-4350 FAX (954)382-2810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO SETNOR BYER INSURANCE & RISK RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMMEND, EXTEND 7901 SW 6th Court OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 430 Plantation, FL 33324 INSURERS AFFORDING COVERAGE INSURED FSR Transporting & Crane Services Inc. INSURER A: Penn -America Insurance Company 32859 1440 S W 3 tst Avenue INSURER B: 14 Pompano Heath, FL 33069 INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE POLICY NUMBER I POLICY EFFECTIVE I DATE MM/DD/YY POLICY EXPIRATION OATS MM/b 0/YV LIMITS GENERAL LIABILITY PAC6612387 08/08/2006 08/08/2007 EACH OCCURRENCE $ 2 000 000 COMM GENERAL LIABILITY._ FIRE DAMAGE (Any one fire) $ 100,000 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5 000 PERSONAL & ADV INJURY $ 2 00O 0O ENERAL AGGREGATE $ 3 000,000 AGG LIMIT APPLIES PER: RODUCTS-COMP/OPAGG $2,0000OOL PROJ LOG jGUETN,,"","L OMOBILE LIABILITY OMBINED SINGLE LIMIT (EaNY AUTOccident)$ BODILY INJURY (Per person) $ LL OWNED AUTOS CHEDULED AUTOS BODILY INJURY (Per accident) $ IRED AUTOS ON -OWNED AUTOS PROPERTY DAMAGE (Per ccident) $ GARAGELIABILITY-_ UTOONLY- EAACCIDENT $ _ --- f ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE , $ RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC Stetu-tory OTH-ER Limns .L. EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ OTHER DESCRIPTION OF OPERATION S/LOCATIONSNEHICLES/EXLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Tamarac DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 11 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS Dept of Permits OR REPRESENTATIVES. Authorized Representative 7525 NW 88th Ave Cheryl Czekanski Tamarac, FL 33321 http://clients.setnorbyer.com/ClientAccess/active/certliabform.asp 2/22/2007 Form - Certificate Of Insurance Page 2 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certifcate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions.of the policy,. certain policies may require an endorsement. A statement on this certifiate does not confer rights to the certificate holder in lieu of such endorsements(s). 011-'%7As11,TTZI0 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. http://clients.setnorbyer.com/ClientAccess/active/certliabform.asp 2/22/2007 q ,A_CORP. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/22/2007 PRODUCER (856) 482-9900 FAX (856) 482-1888 McIntyre Group Y p 220 Lake Drive East Suite 210 Cherry Hill NJ 08002 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER- THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # .01 INSURED FSR Transporting S Crane Services, Inc. 1440 S.W.31st Avenue Pompano Beach, FL 33069 INSURERA: Zurich American Ins. Co. 16535 INSURERB:Hartford Fire Ins. Co. 19682 INSURERC: INSURERD: INSURER E: e1AVF0Af7FA THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD OF INSURANCE POLICY NUMBER DATEYMMIDDM/) EFFECTIVE POLICTYPE POLICY (MNU �fYY)N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ee occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR MED EXP An one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICV JECPROT LOC Lj - A AUTOMOBILE LIABILITY ANY AUTO TRK 9681356.. .. 10/4/2.006 10/4/2007 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR F—ICLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND WC9683972-00 11/16/2006 11/16/2007 X WCSTATU- OTH- TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $ 1,000,000 B OTHER MOTOR TRUCK CARGO 13MSTH8827 11/22/2006 11/22/2007 Any One Truck $ 100,000 Any One Occurrence $ 200,000 Any One Occ. Ded. $ 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Tamarac is named as an Additional Insured with respect to the above Automobile Policy in regard to permits, if required by a written contract executed prior to services performed. CERTIFICATE HOLDER (:ANL:CLLA I ION (954) 917--9766 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Tamarac EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO NAIL 7525 NW 8 8 th Ave 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Tamarac, FL 33321 FAILURE TO DO $O SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Anthony McIntyre/KATH` ACORD 25 (2001/08) ® ACORD CORPORATION 1933 IMGAhC --' — AMQ WRAP RAn0—. Pans 1 nr I IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 111 R193 Ws11 J51 =1:7 The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) INS026pioeyoe AMS Page 2of2 EOUIPMENT: TRUCKS *NEW 2007 MACK FRONTLOADER WITH HEIL BODY FOR GARBAGE PICK UP. * 16 ROLLOFF TRUCKS *2 BOBCATS WITH FORKS AND GRAPPLERS *FORD F-450 DELIVERY TRUCK FLAT BED *VARIOUS NUMBER OF CONTAINERS AVAILABLE FOR FRONT LOAD SIZES 1, 2, 3, 4, 6, 8 YARD DUMPSTERS *VARIOUS NUMBER OF ROLLOFF CONTAINERS AVAILABLE SIZES 10, 20, 30, 40 YARD. MAINTENANCE: *2 MECHANICS AND 4 HELPERS *BOTH MECHANICS ARE ASE CERTIFIED, I HAS ALL I I ASE CERTIFICATIONS AND THE OTHER HAS 4 OF THE MAJOR ASE CERTIFICATIONS. *THERE ARE 4 BAYS AND 2 LIFTS *HYDROLIC TESTING EQUIPMENT *FULL BRAKE SYSTEM *TIRE AND WHEEL MACHINE WITH BALANCE SYSTEM *FULL FABRICATION SHOP *3 INDUSTRIAL SIZE GENERATORS TO OPERATE MAINTENANCE AREA AND REST OF BUILDING *WELDING AREA AND MACHINES WASHING OF THE VEHICLES: THIS IS DONE ONCE A WEEK BY SUPERIOR WASH 320 S. FLAMINGO RD., PMB 116 PEMBROKE PINES, FL. 33027 PHONE # 877-794-9274(SEE ATTACHED). LOCAL BUSSINESS OFFICE: FSR TRANSPORTING AND CRANE SERVICES INC. 1440 SW 31 AVE. POMPANO BEACH, FL, 33069 800-345-0443 954-917-9765 954-917-9766 FAX CONTACT: TRACY TINKER OWNER/PARTNERS: THOMAS GENESIO, OWNER 4917 FORESTDALE DR. LAKE WORTH, FL. 33467 Bill To FSR Hauling 1440 SW 3.1 Ave Pompano Beach 1:1 33069 Nash People Ship To Invoice Date Invoice # 1/29/2007 175137 Pembroke Pines, FL 33027 Phone 877-SWI-WASH FlEffre FSR Ilaulinb 1440 SW 31 Avc Pompano Beach F1 33069 Nash People Ship To Invoice Date Invoice # 2/5/2007 175306 Pembroke Pines, FL 33027 Phone 877-SWI-WASH Bill To FSR Mauling 1440 SW 31 Ave Pompano Beacli 1'1 33069 BOO Nash People Ship To Invoice mm Date Invoice # 2/12/2007 175455 P.O. Number Terms Rep Ship Via 2112/2007 F.O. B. Project Quantity Item Code Description Price Each Amount 10 . ..... . ...... FSR Ti-Lick Washed-WO451803 Total 92U-S-.Ra7mifi—go FFd-.-'PMB-f1-6 Pembroke Pines, FL 33027 Phone 877-SWI-WASH FEB-08-1999 11:51 FROM PATCH REEF TITLE CO. TO 7837389 P.05 I I� IItat_Or W = i �- �Mtpn I D� artnunt of #tat, I � I - GCiven.,under my, and the eat S�e'al of the State of Florida it, Tallahassee, the Capitol, this the Fourth day of February, 1999 9 zziflirrrz-r.r. Barris _ rr ��++yy yy _ `y FTP-08-1999 11:51 FROtl PATCH REEF TITLE CO. TO 7837309 P.OG i; ARTICLES OF ZNCORPO"TION -+ OF F6R TRANSPORTING CRANE SERVICES, INC,. rr ARTICLE �1- NAME _; Z. of the car a7cation is FSR TRANSPORTING �;� 1tA�i E Th ' name F SERVICE I, INC. r- ARTICLE TI. PURPOSE ED- C_-) Th corporation is organized for the purpose of transacting any and ,all lawful business. ARTTCLEj`111. CAPITAL STOCX Th�ls.corporation is authorized to issue three hundred (300) be shares Of one Dollar ($1.00) par value common stock which shill designated as common :Stock. ARTICLEI'X'V. VOTING' FIGHTS Except as otherwise provided by law, the entire voting power for the ;ele.ction of directors and for all other purposes shall be vested 'xclusively in'the holders of the outstanding common shares. ARTICLEI.V. INITIAL REGISTERED OFFICE AND AGENT Thl street address of the initial registered office of this corpora ion -is 1440 Southwest 31 Avenue, Pompano Beach, FL 33069 and the,name of the initial registered agent of this' corporation at thati,address is THOMAS A. GENESIO. ARTICL� VI. INITIATE BOARD OF DIRECTORS T�'as Corporation shall have one (l.) director(s) initially. The numlher of directors may be either increased or dliminish.ed from time t8 times: by the By -Laws but shall never be lass than one (1) direct8r. The name and address of the initial director(s) of this corpvrAion is- THOMAS A. GENESIO 1440 SouthWest 31 Avenue j; Pompano Beach, FL 33069 p,,RTICL VII. INCORPORATOR TWe name and address of the person signing these Articles.of lncorp6, "ration is: THOMAS A. GENESIO 1440 Southwest 31 Avenue Pompano Beach, FL 33069 ii rE2-08-1999 11:52 FROM PATCH REEF TITLE C❑. TO 7837309 P_07 I ARTICLE�PRINCIPAL PLACE OF BUSINESS Thei principal place of business of the corporation will tip xa4o 5o thwest 31 Avenue, Pompano Beach, Florida. The mailing address of the. votPOrati©n shall be 1440 5outhwetit 31 Avenue, Pompano reach, Florida 33069- IL ARTICLE !,iX- BY-LAWS H Th? power to adopt, alter, amend or repeal. By -Laws shall be vested ��n the Board of Directors and the share holders. I ARTICLEIjX. 1NDERNIFICATION I :: Th corporation shall indemnify any officer or director, ax any fork er officer or director, to the full extent permitted by taw. ARTYCLE'IXI.. AMENDMENT Th�s corporation reserves the rig ht to amend car repeal any provisions contained:in these Articles of Incorporation, or any amend -me 'it to. them, and any right conferred upon the shareholders is su.bj�ct to this reservation. INI WITNESS WHEREOF, the undersigned Incorp atc+r has executed these Articles of Incorporation on January 1999•. j THOMAS A. GENESIO STATE I FLORIDA COUNTY OF PALM HEAC'n I The fnL�f_going instrument was acknowledged before me this -: day of! 1999 by THOMAS A. GENESIO as Incorpdrator of FSR TRANSPORTING & CRANE SERVICES, INC., a lie/FlorShe iS corporation to be formed, on behalf of the corporation. He/She i5 personaji�ly known to ne or has produced . type of identifivati one �uae ideas fication t �� Morass R WITROMW and d 1 C i no C 'take an oath - nny coMrr�92io� ccsea�sy `r ^� Erpirrya Oct. 17, 20oQ i O Notary, P is State o lvr' da i Name ' I! My comli� scion expires: �... _. . . . --. __ . 6 — -. — . _ c r - T = m, — 7 n -- C3 Z 4 •FEB-08-1999 11:52 FROM PATCH REEF TITLE CO. TO 7937309 P.Oo �j i' is CERTIFICATE DESIGNATING PTACE OF BUSINESS OR DOMICILE FOR THE SERVICE OF PROCESS WITHIN THIS STATE NAMING AGENT WHOM PROCESS MAY BE SERVED puYi'� uant to Chapter 4^? 091, Florida S'tatut'es, the fol).vwi.ng is subm�!' tad ', in comp l fiance with th is Statute: Thai FSR TRANSPORTING & CRANE SERVICES, INC., desiring to or5aniz''under the laws of the State of Florida as indicated in the Aarticlel of Incorporation, has named THOMAS A. GENESIO located at 1440 Sd�thwest 31 Avenue, Pompano Beach, Florida 33069, as its agent t8 accept service of process within the State of Florida.. liming been named to accept service of process for the above- na-med c8rporation, at the place designated in this Certificate, I hereby �,-crept to act in this capacity, and agree to comply With the provisi8ns of said Act relative to keeping open this office. is I ; THOMAS A. GENESIO j Registered Agent L� �:.: -� a Division of Corporations Page 1 of 1 Document Number G05258900170 Expiration Date 12/31/2010 Total Pages 000000001 Previous on List FSR HAULING 1440 SW 31 AVE POMPANO BEACPI, FL 33069 Status Date Filed ACTIVE 09/15/2005 Current Owners County 000000001 13ROWARD Events Filed F1I Number 000000000 NONE No Filing History Return to Name List Next on List Owner Information Name & Address FEI Number Charter Number PSR TRANSPORTING & CRANE SERVICES INC. 1440 SW 31 AVE POMPANO BEACH, YL 33069 65.0892701 P99000011277 Document Images Listed below are the images available for this filing. THIS IS NOT OFFICIAL RECORD; SEE DOCUMENTS IF QUESTION OR CONFLICT http://www.sunbiz.org/scripts/ficidet.exe?action=DETRE,G&docntim = GO5258900170&rdocjiuni=GO5258... 3/1/2007 APPLICATION FOR REGISTRATION OF FICTITIOUS NAME DOCUMENT# G05258900170 Fictitious Name to be Registered: FSR HAULING Mailing Address of Business: 1440 SW 31 AVE POMPANO BEACH, FL 33069 Florida County of principal place of business: BROWARD FEI Number: Owner(s) of Fictitious Name: FSR TRANSPORTING & CRANE SERVICES INC. 1440 SW 31 AVE POMPANO BEACH, FL 33069 Florida Registration Number: P99000011277 FEI Number: 65-0892701 FILED Sep 15, 2005 Secretary of State I (we) the undersigned, being the sole (all the) party(ies) owning interest in the above fictitious name, certify that the information indicated on this form is true and accurate. I (we) understand that the electronic signature(s) below shall have the same legal effect as if made under oath. THOMAS GENESIO Electronic Signature(s) 09/15/2005 Certificate of Status Requested (X) Certified Copy Requested (X)