HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-080Temp. Reso. # 13139
July 11, 2018
Page 1
CITY OF TAMARAC, FLORIDA
In
RESOLUTION NO. R-2018 O O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT
WITH WASTE MANAGEMENT INC. OF FLORIDA FOR
RECYCLABLE MATERIAL PROCESSING SERVICES
UTILIZING THE AGREEMENT BETWEEN THE CITY OF
CORAL SPRINGS AND WASTE MANAGEMENT INC. OF
FLORIDA; AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE SAID AGREEMENT AND TAKE
ALL STEPS NECESSARY TO EFFECTUATE THE INTENT
OF THE RESOLUTION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, in the mid-1980s, the state and federal governments have discouraged
the use of landfills as the sole method of disposal of solid waste; and
WHEREAS, the State of Florida via The Energy, Climate Change, and Economic
Security Act of 2008 (House Bill 7135) signed into law by former Governor Crist created
Section 403.7032, Florida Statutes, which established a new statewide recycling goal of
75% to be achieved by the year 2020; and
WHEREAS, the City of Tamarac Strategic Goal #5 "A Vibrant Community" directs
the City to take proactive measures to preserve and enhance community appearance and
maintain a safe built environment; and
WHEREAS, the City Commission of the City of Tamarac, via Resolution R-2013-58,
dated June 26, 2013, approved an Agreement between the City of Tamarac and Sun -
Bergeron Solid Waste Joint Ventures ("Sun -Bergeron") for Recyclables Processing
Temp. Reso. # 13139
July 11, 2018
Page 2
Services, a copy of Resolution R-2013-58 is incorporated herein by reference and is on file
in the Office of the City Clerk; and
WHEREAS, the Sun -Bergeron Agreement expires on July 3, 2018, and the City of
Southwest Ranches has not extended the Agreement with Sun -Bergeron Solid Waste Joint
Ventures for Recyclables Processing Services; and
WHEREAS, The City of Coral Springs ("Coral Springs"), on June 20, 2018 approved
an Agreement with Waste Management Inc. of Florida ("WMIF") for Recyclable Materials
Processing Services beginning July 3, 2018 through July 2, 2023, a copy of the Agreement
between Coral Springs and WMIF is attached hereto as "Exhibit 1", incorporated herein
and made a specific part of this Resolution; and
WHEREAS, City staff have determined an Agreement between the City of Tamarac
and WMIF utilizing the Agreement between Coral Springs and WMIF for Recyclable
Materials Processing Services would be advantageous to the City; and
WHEREAS, the City of Coral Springs has authorized members of the Southeast
Florida Governmental Purchasing Co-operative Group, of which the City of Tamarac is a
member, to utilize said Agreement between Coral Springs and WMIF for Recyclable
Materials Processing Services, a copy of said authorization is attached hereto as "Exhibit
2", incorporated herein and made a specific part of this Resolution; and
WHEREAS, City of Tamarac Public Services staff determined the terms, conditions,
and net rate of the Agreement between Coral Springs and WMIF for Recyclable Materials
Processing Services would be advantageous to the City; and
WHEREAS, Section 6-148 (f) of the Tamarac Procurement Code provides that the
1
Temp. Reso. # 13139
July 11, 2018
Page 3
City may purchase goods or services from contracts awarded by other governmental or
not -for -profit entities; and
WHEREAS, the Director of Public Services, and the Purchasing and Contracts
Manager recommend executing an Agreement between the City of Tamarac and WMIF for
Recyclable Materials Processing Services, hereto attached as "Exhibit 3"; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City to authorize and execute an Agreement
between the City of Tamarac and WMIF for Recyclable Materials Processing Services.
NOW, THEREFORE, BE IT RESOLVED 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 Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the Agreement between
the City of Tamarac and WMIF, attached hereto as "Exhibit 3", utilizing terms, conditions
and rates provided as a part of the City of Coral Springs Agreement, and authorizes the
appropriate City Officials to accept and execute the Agreement and to take all steps
necessary to effectuate the intent of this resolution.
SECTION 3: All Resolutions or parts of resolutions in conflict herewith are
Temp. Reso. # 13139
July 11, 2018
Page 4
hereby repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
"The remainder of this page is intentionally left blank."
SECTION 5
passage and adoption.
Temp. Reso. # 13139
July 11, 2018
Page 5
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this , , day of 12018.
ATTEST:
x%/ rl
/.� /�/ /r.!r
PATRICIA TEUhEL, i
1
7
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
)EL S. GORI
ATTORNEY
Ll
HA RY DRESSLER
MAYOR
RECORD OF COMMISSION VOTE
MAYOR DRESSLER 1444
DIST 1:
COMM. BOLTON
DIST 2:
V/M GOMEZ
DIST 3:
COMM. FISHMAN
DIST 4_
COMM. PLACKO
TR 13139 - EXHIBIT 1
ADDENDUM TO AGREEMENT BETWEEN THE CITY OF CORAL SPRINGS AND
WASTE MANAGEMENT INC. OF FLORIDA FOR RECYCLING SERVICES
THIS IS AN ADDENDUM, dated this AA71 day of 2018, by and
between: CZ1Z
CITY OF CORAL SPRINGS, FLORIDA
a municipal corporation
9500 W. Sample Road
Coral Springs, Florida 33065
(hereinafter referred to as "CUSTOMER")
and
WASTE MANAGEMENT INC. OF FLORIDA
a Florida corporation
2700 Wiles Road
Pompano Beach, Florida 33073
(hereinafter referred to as "COMPANY"')
J cREAS, the CUSTOMER and COMPANY entered into a contract on thXday of
2018 (hereinafter "Agreement"); and w
WHEREAS, it is necessary to include additional provisions;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, and other good and valuable consideration, the receipt and adequacy of which are
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated
into this Agreement.
Section 2. The following terms and conditions are hereby incorporated into the
aforementioned Agreement between the CUSTOMER and COMPANY:
A. TERMINATION FOR CONVENIENCE
COMPANY or CUSTOMER upon one hundred twenty (120) calendar days written notice
delivered by certified mail, return receipt requested, to the other party, may, without cause and
without prejudice to any other right or remedy, terminate the Agreement for convenience
whenever the COMPANY or CUSTOMER determines that such termination is in its best
interest. Where the Agreement is terminated for convenience the notice of termination must
state that the Agreement is being terminated for the convenience of the terminating party under
the termination clause. Termination for convenience shall be on an all or none basis; there shall
be no partial termination for convenience. Upon receipt or delivery, as the case may be, of the
Notice of Termination for convenience, the COMPANY shall promptly discontinue all work at
Dm, 132620 Page I of 9
TR 13139 - EXHIBIT 1
the time and to the extent indicated on the Notice of Termination, terminate all outstanding
subcontractors and purchase orders to the extent that they relate to the terminated portion of the
Agreement and refrain from placing further orders and subcontracts except as they may be
necessary, to complete any continued portions of the work.
B. TERMINATION AT WILL IN THE EVENT SUN-BERGERON SOLID WASTE
SERVICES, JV AGREEMENT FOR RECYCLING PROCESSING SERVICES IS
RENEWED OR REVIVED BY ANY BROWARD COUNTY MUNICIPALITY
COMPANY acknowledges and understands that CUSTOMER entered into a five-year recycling
processing services agreement with Sun -Bergeron Solid Waste Services, JV beginning on July 1,
2013 and expiring on June 30, 2018 ("JV Agreement"). COMPANY acknowledges and
understands that the JV Agreement contained all option to renew the contract for two (2)
additional five (5) year terms; however. CUSTOMER cannot take advantage of such renewal
periods unless and until the City of Deerfield Beach, Florida and Sun -Bergeron Solid Waste
Services, JV consent and agree to such extension. COMPANY also acknowledges and
understands that several other municipalities in Broward County have a similar arrangement with
Sun -Bergeron Solid Waste Services, JV. COMPANY agrees that in the event that the JV
Agreement is extended, renewed, or renegotiated with more favorable pricing and/or material
terms than this Agreement, or in the event that Sun -Bergeron Solid Waste Services, JV extends,
renews, or renegotiates a recycling processing services agreement with any other municipality in
Broward County, which contract contains more favorable pricing and/or material terms than this
Agreement, and Sun -Bergeron Solid Waste Services, JV, agrees to offer such services at the
same or similar prices and/or material terms to the CUSTOMER, in the CUSTOMER'S sole
discretion, CUSTOMER, upon providing written notice to COMPANY, may, without cause and
without prejudice to any other right or remedy, terminate this Agreement thirty (30) days after
receipt of the Notice of Termination ("Termination at Will"). Thirty (30) days after the receipt of
the Notice of Termination at Will, the COMPANY shall promptly discontinue all work at the
time and to the extent indicated on the Notice of Termination at Will, terminate all outstanding
subcontractors and purchase orders to the extent that they relate to the terminated portion of the
Agreement and refrain from placing further orders and subcontracts except as they may be
necessary, to complete any continued portions of the work. Notwithstanding the above thirty (30)
day time frame, should the City of Deerfield Beach, Florida or any other municipality in
Broward County and the JV consent and agree to an extension of its JV Agreement prior to the
commencement of services under this Agreement, the CUSTOMER shall have a right to
terminate this Agreement immediately upon written notice to COMPANY.
C. MOST FAVORED PRICING AND MATERIAL TERMS
In the event that COMPANY subsequently enters into an agreement for the processing and/or
recycling of another governmental entity's Recyclable Materials (or a private entity that provides
the recycling for all or substantially all of the Recyclables generated within a governmental
entity's jurisdiction) generated anywhere within Broward County (an "Eligible Agreement"),
COMPANY shall provide the CUSTOMER with a copy of the Eligible Agreement within thirty
(30) days of execution thereof. If the CUSTOMER, in its sole discretion, determines that the
Eligible Agreement includes pricing and/or material terms more favorable to the applicable
Doc 132620 Page 2 of 9
TR 13139 - EXHIBIT I
governmental entity or private entity than the CUSTOMER'S, the CUSTOMER may provide
written notice to COMPANY of CUSTOMER'S determination and, if tile CUSTOMER does so,
the CUSTOMER'S Agreement shall be amended to provide for the more favorable pricing
and/or material terms set forth in the Eligible Agreement, and such change shall be effective
retroactive to the effective date of the Eligible Agreement.
D. RECORDS AND AUDIT
CUSTOMER reserves the right to audit the records of COMPANY relating to this project at any
time during the performance and term of the Agreement and for a period of three (3) years after
completion and acceptance by CUSTOMER. If required by CUSTOMER, COMPANY shall
agree to submit to an audit by an independent certified public accountant selected by
CUSTOMER. COMPANY shall allow CUSTOMER to inspect, examine and review the records
of COMPANY relating directly and only to this Agreement, upon reasonable notice given, at any
and all times during normal business hours during the term of this Agreement.
IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE CITY OF
CORAL SPRINGS, DEBRA THOMAS, CMC, CUSTOMER CLERK, 9500
WEST SAMPLE ROAD, CORAL SPRINGS, FLORIDA 33065,
DTIJ0 OAS TELEPHONE NUMBER (954) 344-
1067.
COMPANY understands, acknowledges and agrees that the COMPANY shall, pursuant to
Section 119.0701, Florida Statutes, as amended from time to time, do the following:
(1) Keep and maintain public records required by the CUSTOMER to perform the service.
(2) Upon request from the CUSTOMER'S custodian of public records, provide the
CUSTOMER with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida
Statutes, or as otherwise provided by law or CUSTOMER policy.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the COMPANY does not transfer
the records to the CUSTOMER.
(4) Upon completion of the contract, transfer, at no cost, to the CUSTOMER all public
records in possession of COMPANY or keep and maintain public records required by the
CUSTOMER to perform the service. If the COMPANY transfers all public records to the
CUSTOMER upon completion of the contract, the COMPANY shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
Doe 132620 Page 3 of 9
TR 13139 - EXHIBIT 1
requirements, If the COMPANY keeps and maintains public records upon completion of the
contract, the COMPANY shall meet all applicable requirements for retaining public records. All
records stored electronically must be provided to the CUSTOMER, upon request froth the
CUSTOMER'S custodian of public records, in a format that is compatible with the information
technology systems of the CUSTOMER.
REQUEST FOR NONCOMPLIANCE
(a) A request to inspect or copy public records relating to a CUSTOMER'S contract for
services must be made directly to the CUSTOMER. If the CUSTOMER does not possess the
requested records, the CUSTOMER shall immediately notify the COMPANY of the request, and
the COMPANY must provide the records to the CUSTOMER or allow the records to be
inspected or copied within a reasonable amount of time.
(b) If a COMPANY does not comply with the CUSTOMER'S request for records, the
CUSTOMER shall enforce the contract provisions in accordance with the contract.
(c) A COMPANY who fails to provide the public records to the CUSTOMER within a
reasonable time may be subject to penalties under Section 119. 10,
CIVII, ACTION
(a) If a civil action is filed against a COMPANY to compel production of public records
relating to a CUSTOMER'S contract for services, the court shall assess an award against the
COMPANY the reasonable costs of enforcement, including reasonable attorney fees, if:
(1) The court determines that the COMPANY unlawfully refused to comply with the public
records request within a reasonable time; and
(2) At least eight (8) business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the COMPANY has not complied
with the request, to the CUSTOMER and to the COMPANY.
(h) A notice complies with subparagraph (a)2. if it is sent to the CUSTOMER'S custodian of
public records and to the COMPANY at the COMPANY'S address listed on its contract with the
CUSTOMER or to the COMPANY'S registered agent. Such notices must be sent by common
carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with
postage or shipping paid by the sender and with evidence of delivery, which may be in an
electronic format.
(c) A COMPANY who complies with a public records request within eight (8) business days
after the notice is sent is not liable for the reasonable costs of enforcement,
Doc,132620 Page 4 of 9
TR 13139 - EXHIBIT 1
E. GOVERNING LAW; VENUE
The validity, construction and effect of this Agreement shall be governed by the laws of the State
of Florida.
Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in the
Seventeenth Judicial Circuit in and for Broward County, Florida and the prevailing party to any
resultant judgment shall be entitled to an award of all reasonable attorney's fees, interest and
court costs incurred by such prevailing party against the losing party including reasonable
appellate attorney's fees, interest and taxable costs.
F. INSURANCE
The COMPANY shall secure and maintain, at its own expense, and keep in effect during the full
term of this Agreement, a policy or policies of insurance, which must include the following
coverages and minimum limits of liability:
(1) Worker's Compensation Insurance for statutory obligations imposed by Worker's
Compensation or Occupational Disease Laws, including, where applicable, the United States
Longshoremen's and Harbor Worker's Act, the Federal Employers' Liability Act and the Jones
Act. Employer's Liability Insurance shall be provided with a minimum of two hundred thousand
and xx/I 00 dollars ($200.000,00) per accident, The COMPANY agrees to be responsible for the
employment, conduct and control of its employees and for any injury sustained by such
employees in the course of their employment.
(2) Commercial Automobile Liability Insurance for all owned, non -owned and hired automobiles
and other vehicles used by the COMPANY in the performance of the obligations of this
Agreement with the following minimum limits of liability with no restrictive endorsements:
$1,000,000-00 Combined Single Limit, per occurrence, Bodily Injury & Property Damage
(3) Comprehensive General Liability (occurrence form) with the following minimum limits of
liability with no restrictive endorsements:
$1,000,000.00 Combined Single Limit, per occurrence, Bodily Injury & Property Damage.
Coverage shall specifically include the following with minimum limits not less than those
required for Bodily Injury Liability and Property Damage Liability:
(a) Premises and Operations.
(b) Independent Companys.
(c) Product and Completed Operations Liability.
(d) Broad Form Property Damage.
(e) Broad Form Contractual Coverage applicable to the Agreement and specifically insuring
the indemnification and hold harmless agreement contained in section 8 (check when
final) of the Agreement.
(f) Owner's or Company's Protective Liability.
no 132620 Page 5 of 9
TR 13139 - EXHIBIT 1
UPON CONTRACT EXECUTION, THE COMPANY SHALL SUBMIT TO CUSTOMER
COPIES OF ITS CERTIFICATE(S) OF INSURANCE EVIDENCING THE REQUIRED
COVERAGES AND SPECIFICALLY PROVIDING THAT THE CITY OF CORAL
SPRINGS IS AN ADDITIONAL NAMED INSURED OR ADDITIONAL INSURED
WITH RESPECT TO THE REQUIRED COVERAGES AND THE OPERATIONS OF
COMPANYS UNDER THE AGREEMENT. Insurance companies selected must be
acceptable to CUSTOMER. All of the policies of insurance so required to be purchased and
maintained shall contain a provision or endorsement that the coverage afforded shall not be
canceled, materially changed or renewal refused until at least thirty (30) calendar days written
notice has been given to the CUSTOMER by certified mail.
These insurance requirements shall not relieve or limit the liability of the COMPANY. The
CUSTOMER does not in any way represent that the types and amounts of insurance required
hereunder are sufficient or adequate to protect the COMPANY's interests or liabilities but are
merely minimum requirements established by the CUSTOMER's Risk Management
Coordinator, The CUSTOMER reserves the right to require any other insurance coverages that
the CUSTOMER deems necessary depending upon the risk of loss and exposure to liability.
The required insurance coverage shall be issued by an insurance company authorized and
licensed to do business in the State of Florida, with the minimum rating of B+ to A+, in
accordance with the latest edition of A.M. Best's Insurance Guide.
The COMPANY shall require each of its sub-COMPANYs of any tier to maintain the insurance
required herein (except as respects limits of coverage for employers and public liability
insurance which may not be less than One Million ($1,000,000) Dollars for each category), and
the COMPANY shall provide verification thereof to the CUSTOMER upon request of the
CUSTOMER.
All required insurance policies shall preclude any underwriter's rights of recovery or subrogation
against the CUSTOMER with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses covered
by the above described insurance.
The COMPANY shall ensure that any company issuing insurance to cover the requirements
contained in this Agreement agrees that they shall have no recourse against the CUSTOMER for
payment or assessments in any form on any policy of insurance.
The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence,
Claim or Suit" as it appears in any policy of insurance in which the CUSTOMER is named as ail
additional named insured shall not apply to the CUSTOMER. The CUSTOMER shall provide
written notice of occurrence within fifteen (15) working days of the CUSTOMER's actual notice
of such an event.
Doc 132620 Page 6 of 9
TR 13139 - EXHIBIT 1
The COMPANY shall not commence performance of its obligations under this Agreement until
after it has obtained all of the minimum insurance herein described and the same has been
approved.
Violation of the terms of this Section and its subparts shall constitute a breach of the Agreement
and the CUSTOMER, at its sole discretion, may cancel the Agreement and all rights, title and
interest of the COMPANY shall thereupon cease and terminate.
Section 3. SEVERABILITY
Should any part, term or provision of this Amendment be by the courts decided to be illegal or in
conflict with any law of the State, the validity of the remaining portions or provisions shall not
be affected thereby.
Section 4. All other conditions and terms of the original Agreement, as amended, not
specifically amended herein remain in full force and effect.
[THE REMAINDER OFTFIIS PAGE INTENTIONALLY LEFT BLANK]
Doc, 132620 Page 7 of 9
TR 13139 - EXHIBIT I
IN WITNESS OF THE FOREGOING, the CITY OF CORAL SPRINGS AND WASTE
MANAGEMENT INC. OF FLORIDA have hereunto set their hands and seals on the dates
written below.
ATTEST: CITY OF CORAL SPRINGS FLORIDA
W& U#W/ - 11111'ill
Debra- Thomas, CMC, City Clerk Walter"# (fanToVIV JZAivor
APPR AS T ORM-
City Att,5rney's Of
Dm, 132620 Page 8 of 9
TR 13139 - EXHIBIT 1
ASTE AN E NC 0' LORIDA
ST
By:
Print Na
State of P.",Oka
County of --'%rccrc4
On this, the IS day of 1 2018, before me, the undersigned Notary Public of
the State of _Fly 2 �-- --0k C, the foregoing instrument was acknowledged
by -(name of corporate officer), V -e sjen� (titic), of
WASTE MANAGEMENT INC. OF FLORIDA' (name of corporation), a pr-rig,
corporation, on behalf of the corporation. (state of corporation)
WITNESS my hand
and official sea[
Notary Public, State of Plo:01-v
COLEEN T. HOULIHAN
My COMMISSION # GG01 7816
EXPIRES August 02,2020 Printed, typed or stamped name of Notary Public
tft
exactly as commissioned
op'ersonally known to me, or
o Produced identification:
(type of identification produced)
DM 132620 Page 9 of 9
TR 13139 - EXHIBIT 1
RECYCLING SERVICES
AGREEMENT SINGLE STREAM
BLENDED VALUE
THIS RECYCLING SERVICES AGREEMENT ("Agreement") is made as of April 18„ 2018, by and between WASTE MANAGEMENT INC.
OF FLORIDA. ("Company"), a Florida corporation with an office located at 2700 Wiles Road, Pompano Beach, FL 33073 and City of CORAL
SPRINGS, FLORIDA ("Customer"), with a location at 9500 West Sample Road, Coral Springs, FL 33065.
1. TERM:
The term of the Agreement shall be for a period of five (5) years, commencing July 3, 2018. The Agreement may be renewed for additional
terms by written mutual agreement.
2. QUANTITY AND QUALITY:
[luring the term of the Agreement, Company shall take and Customer agrees to provide one hundred percent (100%) of Customer's single
stream recyclables ("Recyclables"). Customer will provide in accordance with Exhibit A ("Specifications"). In the event that the Recyclables
do not meet Specifications, the load may be rejected and/or Customer shall have the sole responsibility for any resulting settlement or
adjustments, including, but not limited to: price reductions,. transportation, and disposal costs. Recyclables specifically exclude, and Customer
agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical,
infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under
applicable federal; state, or local laws or regulations, or chemical or other properties that are deleterious or capable of causing material damage
to any part of Company's property, its personnel or the public or materially impair the strength or the durability of the Company's structures
or equipment, or any materials containing information (in hard copy or electronic format, or otherwise) which information is protected or
regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and
Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved in writing by Company (collectively,
"Excluded Materials"„). Title to and liability for Excluded Materials shall remain with Customer at all times. Title to Recyclables provided by
Customer to Company is transferred to Company upon Company's receipt or collection unless otherwise provided in this Agreement or
applicable law. Company reserves the right at its sole discretion upon notice to Customer to discontinue acceptance of any category of
Recyclables as a result of market conditions related to such materials and makes no representations as to the recyclability of the materials
which are subject to this Agreement
3. RECYCLABLE VALUE:
The value of the Recyclables meeting the Specifications shall be as set forth on Exhibit B. It shall be conclusively presumed that the
composition of the Recyclables delivered to the Company shall be identical to the composition of all single stream recyclables processed by
Company at the processing facility used, as established from time to time by Company. Notwithstanding the foregoing, Company may
perform a composition study of the Recyclables to determine the percentage of each commodity in Customers Recyclables and may revise
the amount payable or chargeable to Customer to reflect the actual composition of Customers Recyclables. Customer acknowledges that
the value of the Recyclables may negative.
4. PAYMENTS; CHARGES; ADJUSTMENTS:
Where the value is positive for the Recyclables, Company shall pay Customer on or about the last day of each month for Recyclables
purchased during the preceding month, after deduction of any Charges owed to Company by Customer for services performed hereunder,.
Any Customer invoice balance not paid within thirty (30) days of the date of invoice is subject to a late fee, and any Customer check returned
for insufficient funds is subject to a NSF fee, both to the maximum extent allowed by applicable law. In the event that payment is not made
when due, Company retains the right to suspend service until the past due balance is paid in full, in the event that service is suspended in
excess of fifteen (15) days, Company may terminate this Agreement for such default.
s. SERVICE:
Customer shall deliver Recyclables, at Customer's expense, to WM Recycling Sun 11, 1750 SW 431d Terrace, Deerfield Beach, FL 33442; All
Recyclables must be delivered in self -dumping trucks and will be weighed in and out by Company at the Facility.
6. CONTAINERS/ACCESS:
7. DEFAULT:
Notwithstanding the term of this Agreement set forth in paragraph one (1) above, in the event of default by a party, which default is not cured
within thirty (30) days after written notice from the non -defaulting party, the non -defaulting party, at its option, may terminate this Agreement,
upon written notice.
8. INDEMNIFICATION/LIMIT OF LIABILITY:
Company agrees to indemnify, defend and save Customer, its parent, subsidiaries, and corporate affiliates, harmless from and against any
and all liability which Customer may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any
violation or alleged violation of law„ to the extent caused by any negligent act or omission or willful misconduct of the Company or its
employees, which occurs (a) during the collection or transportation of Customer's Recyclables, or (b) as a result of the disposal of
Customer's Recyclables in a facility owned by the Company or a Waste Management company, provided that the Company's indemnification
obligations will not apply to occurrences involving Excluded Materials.
TR 13139 - EXHIBIT 1
[hiring the term of the Agreement, Company shad take and Customer agrees to provide one hundred percent (1001/1o) of Customer's single stream
recyclables (*Recycbables') in accordance with the specifications below ('Speolfi tjone), In the event that the Recyclables do not meet Specifications,
the load may be rejected andlor Customer shalt have the sole responsibility for any resulting settlement or adjustments, Including, but not limited to:
price reductions, transportation, disposal costs, and contamination fees, all of which may Include an amount for Company's operating and gross profit
margin. Recyclables specifically exclude, and Customer agrees not to deposit or permit the deposit for collection of, any waste tires, radioactive, volatile,
corrosive, flammable, explosive, biomedtcal, infectious, bbo-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined
by, characterized or listed under applicable federal, state, or local laws or regulations, or chemical or other properties that are deleterious or capable of
causing material damage to any part of Company's property, its personnel or the public or materially Impair the strength or the durability of the
Company's structures or equipment, or any materials containing Information (in hard copy or electronic format, or otherwise) which Information is
protected or regulated under any local, state or federal privacy or data security laws, Including, but not limited to the Health Insurance Portability and
Accountability Act of 1996, as amended, or other regulations or ordinances or other waste not approved In writing by Company (collectively, `Excluded
Materials`). Title to and Ilabitlty for Excluded Materials shall remain with Customer at all times. Tale to Recyclables provided by Customer to Company is
transferred to Company upon Company's receipt or collection unless otherwise provided In this Agreement or applicable law,
RECYCLABLES must be dry, loose (not bagged) and Include ONLY the following;
NOWRECYCLABLES Include, tgt are not limited to the following:
DELIVERY SPECIFICATIONS:
Material delivered by or on behalf of Customer may not contain more than 300l6 Nan-Recydables CExcess Contamination`) and may contain no
Excluded Materials. In the event a load does not meet Specifications, the load may be rejected andlor Customer may be charged additional processing,
return or disposal costs, provided, howaver, that if delivered material contains more than 10% Non-Recyclables (but does not contain Excluded
Materials), the material will be accepted and the Excess Contamination shall be subject to the charges set forth In Exhibit i3 .
'Excluded Materials' means radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, blo-hazardous or toxic substance or material, or
regulated medical or hazardous waste as defined by, characterized or listed under applicable federal, state, or local laws or regulations. materials
containing Information (in hard copy or electronic format, or otherwise) which information Is protected or regulated under any local, state or federal
privacy or data security laws, including, but not limited to the Health insurance Portability and Accountability Act of 1996, as amended, or other
regulations or ordinances.
Company reserves the right upon notice to discontinue acceptance of any category of materials set forth above as a result of market conditions related
to such materials and makes no represerttallons as to the recyclability of the materials, Company shalt provide six (6) month advanced written notice to
Customer of its decision to discontinue acceptance of any such material.
Customer shall deliver Recyclablers, at Customer's expense, to Company's facility located at 1750 SW 43`0 Ter, Deerfield Beach, FL 33442, Reuter
Recycling, 20701 Pembroke Rd, Pembroke Pines, FL 3302.9, onto such other location as the Company may direct from time to time ("Facility`) during the
Facility's operating hours, Monday through Saturday, excluding Christmas Day. All Recyclables must be delivered In self -dumping trucks and will be
weighed In and out by Company at the Facility.
TR 13139 - EXHIBIT 1
EXHIBIT B
SINGLE STREAM M PRICING
1. VALUE SHARE
Where the Blended Value Is greater than the processing flee, Customer's value share Is a percentage of the difference between the Blended Value and
the Processing Fee as listed Wow. When the Blended Value is less than the Processing Fee, Customer shall pay Company the difference between
the Processing Fee and the Blended Value.
s f {f tat - ii
Where the Blended Value Is greater than $1 40M, the Customer's value share Is 75% of the difference,
2. BLENDED VALUE
To calculate the Blended Value per tan of the Recyclebtes,
(a) The percentage of each Recyclable and Non -Recyclable component set forth below contained in the Customer's recyclable$ as established and
revised from tame -to -time by audit, is multiplied by the current value of each commodity sat forth below, and
(b) Each commodity value per ton Is added together to obtain the Blended Value per ton.
Customer acknowledges that the value of a commodity may be negative.
Blended Value Is calculated monthly.
* 'PS` means the average price published at www.SecondaryF1berPddng,com for the Southeast USA Region, domestic price, 1st Issue of the
month retroactive to the first of the month.
• 'SMP' means the average price published at www.SecondaryMate;ialsPricing.com for the Atlanta (Southeast USA) Region, first dated price
each month, retroactive to the first of the month.
• If PS or SMP (or both) Is no longer reflective of prevailing market conditions or if an alternative publication more accurately reflects such
market conditions, then Contractor may substitute such alternative publication(s) or alternate method to determine the value of each
commodity set forth below.
* "Transportation and Disposal` means the charge for transporting residue from the processing facility per ton in the month of delivery to the
disposal facility.
Material
index Description
Mixed Paper
PS 54 Mixed Paper (MP)
Newspaper
PS 56 Sorted Residential Papers (SRNP)
Corrugated Containers
PS 11 Corru ated Containers
Aluminum Cans
SNIP Metals Aluminum tans Sorted, Bared, Clio, picked up)
steel Cans
SMP Metals Steel Cans (Sorted, Baled, S/Gross ton, picked up)
PET
SMP Plastics PET (Baled, C/!b, picked up
Natural HDPE
SMP Plastics Natural HDPE (Baled, C/ib, picked up)
Colored HDPE
SMP Plastics Colored HDPE (ealed, Orb, picked up)
Plastics #3•47
SMP Plastics Commingled (43-7, Baled, C/lb, picked up)
Class(3 Max)
SMPGlass 3 Mix (S/ton del. as Recyclable or Disposable)
Polycoatedcarions
S0.00
Contamination (up to 10%)
$0.00
Excessive Contamination (over 20%)
T&D
3.CHARGES
(a) The Initial Processing Fee is $96,00 per delivered ton.
(b) The Contractor has the right to adjust the Processing Fee in accordance with increases In the applicable CPI as calculated below on the anniversary
of the Effective Date ("Anniversary Date*), Such CPI adjustment shall be effective an such Anniversary Date and shall be recalculated and effective each
Anniversary Date thereafter: The increases to the Processing Fee shall be based on the percentage increase in the GPI for the twelve (12) month period
ending one month prior to the Anniversary Date, `CPI' means the Consumer Price Index -AN Urban Consumers (CPI-U), Water, Sewer, and Trash
Collection (WST), (Not Seasonally Adjusted, 12-month rolling average) as published by the United States De saftent of Labor, Bureau of Labor
Statistics {1962-1954=100), which shah not exceed SO/a. In the event this CPl is no longer viable or no longer reflective of consumer prices In Customer's
geographic region, another consumer pricing index at method of adjustment may be used as a replacement for the CPI, subject to the mutual agreement
of the parties. Failure by Contractor to submit such CPl price adjustment shall not preclude the retroactive implementation entation of such adjustment as of the
Anniversary Date.
TR 13139 - EXHIBIT I
The Initial composition will be determined based on the Initial composition study, which shal be completed no later than thirty (30) days after the
commencement date of the agreement, Company I Customer may request a composition study every six months to determine the percentage of each
commodity In Customer's Recyciables and Exhibit 8 will be doomed adjusted aczordlngly, A representative from Customer may be present for composition
studies.
MEMO=
Market
indexApr
Market Value
Material
Average Market
Material
lien
201B
(Mon)
%
Value ($Mn)
Mixed Paper
PS S4 Mixed Paper (MP)
2,50
S LSO
2L5%
O-S4
Neaeer
PS S6 Sorted Residential ftp-rs (SANP)
1740
S 17.50
ILGK
$ 103
Corruilatea Containers
PS 11 Corrusated Containers
8740
87.50-
14,6%
12.78
SMMetals Aluminum Cans (Sorted, Sated, clb, picked
Aluminum Cans
10.00
1,400,00
15.40
SMP Metals Steel Cans (Sorted, Bated, $/Gross ton,
_1.1%
Steel Cans
p!Sked up)
190.00
IKOO
2.0%
5 3.60
PET
SMP Plastics PET (Bated, t/lb, pirked ip)
1512$
S 305,00
7.5%
$ 22,88
Natural HOPE
SMP Plastics Natural HDPE (Sated, c/lb, poked up)
37,50
7SO.00
3.0%
2250
Colored HOPE
SMP Plastics Colored HOPE tBaled, Op, girked uel
1100
$ 380.00
10%
IL40
Plastics #347
SMP Plasttcs Commjned (#34, Baled, !;Ab, Picked up)
(140)
$ (3040)
4,4%
(1-12)
SMP Glass 3 Mix ($/ton del. as Recyclable or
Glass (3 Mix)
Dlsp2sablel
(22.50)
$ I221501---
13.3%
5 (2.99)
Polycoated cartons
N/A
0,9%
$
Comarnlnolloo
NIA
10.0%
$
Contamination In excess of 10%
(55.00)
$ (55,00)
7.2%
$ (3.961
1000%
$ 82-86
TR 13139 - EXHIBIT 1
EXHIBIT C
aThe initial AMV calculation shall be based up on compositions
presented in Exhibit B. and shall be the basis for calculating the initial
AMV. For users of this Agreement other than the City by piggyback or
otherwise, a mutually agreeable AMV schedule will be implemented for
the first six months of this Agreement.
prior to the audit. At ny time•uring the term of the Contract the City may
submit a written request to conduct a Composition Study with the aid of a
qualified professional,
Within ninety days after receipt of City's request, the City may engage
qualified professional (the "Professional") to conduct the Compositi
Study. The Professional will employ a Composition Study methodolo
1
generally recognized and accepted within the industry as produci
accurate results under circumstances similar to those existing at t
Designated Facilities. The City will have sole and absolute discretion
choosing the Professional and the methodology to be used in conducti
each Composition Study. All costs related to the Composition Study sho
be- City's obligation, .
M-OWN"MR11101 - 0 . * 4 0 - a 6
I Le I I I" 4rt I Oks a Lola I
TR 13139 - EXHIBIT 1
d. The City will deliver, or require the Professional to deliver, a copy of the
final Composition Study to WMIF. Should the Composon study
conducted by the Professional deviate significantly (defined as greater
than 5%) from data derived from audits conducted by WMIF, an average
of the two AMV totals will be used to calculate the subsequent period until
the next semi-annual calculation is due.
After the City and WMIF have received the final Composition Study, then
any required resulting adjustments to the material percentages utilized to
calculate the AMV as provided in Exhibit B will become effective
commencing the first day of the calendar month after the month In which
the parties receive the final Composition Study and will remain in effect
during the remainder of the Contract unless and until further adjusted in a
future Composition Study or City Composition Study.
TR 13139 - EXHIBIT 1
i
• •- .. ..-
of the CITY tothe environmental and economic torecycling.
• - Y •# - •# M.".. •/
The CONTRACTOR agrees to comply with requests of up to forty (40) hours per year from the CITY to participate in local outreach
events for promoting recycling awareness In the community, provided that notice of at least fire (5) work clays Is given.
The CONTRACTOR will work with the CITY to provide additional educational promotional stems and access to social media designed
by the CONTRACTOR for the promotion of recycling awareness In the community.
Tnm1nn EXHIBIT
Neither party shall be liable to the other for consequential, incidental mpunitive damages arising out of the performance mbreach of this
Agreement.
n. REMEDIES AND WAIVER:
A party's remedies hereunder are not exclusive and are in addition to any other remedies at law or in equity.4party shall not bedeemed m
waive any remedy available xoitorany right under this Ag,eamemu.atlaw ur/naquity by rforbeamnoeinenfooinQsuch
nAnsorremad|es, ' ~
10. RESERVED:
11. FEES, COSTS AND TAXES:
12. RIGHT OF FIRST REFUSAL:
13. NOTICES:
Any notice mbe given hereunder shall be sent certified mail or -^ � �t��������b
above and �#e case ofCompany mcopy sh�|besent oa27OO-�---"----~^~'~'~`~'��^°~^"^ °=,~=
�n vvoeo Road, pompano Beach. FL33073Attention: Legal Department,
14. MISCELLANEOUS:
A4 Except for the ddigeUmn to make payments hereunder, neither party shall be in default for its failure to perform urdelay in performance
caused byevents orsignificant threats ofevents beyond its reasonable control, w—hetherornmforeof
seeable,
including, but not limited to, strikes,
labor riots, imposition nf laws o, governmental orders, hem, acts war or terrorism, acts of God and the inability to obtain
equ|pmen/ ("Uncontrollable Circumstances"), and the affected party nho|| be excused from performance during e occurrence of such
events, (b) This Agreement shall be binding on and shall inure to the benefit ufthe parties hereto and their respective successors and ssiy"s:(c)Thio Agreement represents the entire agreement between the parties and supersedes any and all otherrecycling services agreements
for the Recycabbo. whether written ororal, that mayexist parties or ha affiliates `(d) This Agreement shall be construed ina000vdence with the law of the state in which �e services oe» pmwigU: (*) |f any provision of this Agreement is declared invalid or then such provision shall besevered
' from and shall not affect the remainder of this Agreement howeve, the po�ionohmUamend
this Ageamant/ogive effect, tuthe ma�mume�entallowed, tuthe intent and meaning ofthe aevem`xiuinn�dp�o'''d$V|n!Aaeventnither
party successfully onhomemUaMghtmaqain�theotherpaoyhamunder.euchpaMyoha||boari(smwnoma|s.
''
BY SIGNING BELOW, EACH SIGNATOR WARRANTS THAT HE OR SHE IS AUTHORIZED TO ENTER INTO A BINDING AGREEMENT
0NBEHALF DF THE PARTY SET FORTH,
Dated as of tl�ie date first above written.
APPROVE TO
-7�
CORAL SPRINGS
EVERYTHING UNDER THE SUN -
MEMO
TO: Co -Op Members
FROM: Angelo Salomone, Purchasing Administrator
DATE: Monday, June 25, 2018
RE: Recyclable Materials Processing Services
Attached is a copy of the agenda memo for Recyclable Materials Processing Services
which our City Commission approved on June 20, 2018 and a copy of the agreement with
Waste Management. The City of Coral Springs hereby allows your entity to utilize the
contract, but you will need to contact Waste Management to determine if they are willing
to allow the use of the contract. The contact person for Waste Management is Barbara
Herrera. Her email address is bherrera@wm.com.
EXHIBIT 3
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
WASTE MANGEMENT INC., OF FLORIDA
THIS AGREEMENT is entered into on � 2019between the
City of Tamarac, a municipal corporation with rind al offices located at 7525 NW 88th Avenue,
Tamarac, Florida 33321 (City) and Waste Management Inc. of Florida, a Florida corporation
with principal offices located at 2700 Wiles Road, Pompano Beach, FL 33073 (Contractor) for
the purpose of providing Single Stream Recycling Services to the City of Tamarac. The parties
hereby agree to the following terms and conditions.
1. Contractor shall comply with the terms and conditions within the "Addendum to
Agreement Between The City of Coral Springs And Waste Management Inc. of Florida
For Recycling Services" dated June 20, 2018, attached hereto as Exhibit 1. All terms
and conditions of the contract documents set forth in Exhibit 1 are incorporated herein as
if set forth in full.
2. Upon execution of this Agreement, all references made to the "Addendum to Agreement
Between The City of Coral Springs And Waste Management Inc. of Florida For Recycling
Services" dated June 20, 2018 in Exhibit 1 shall be interpreted as pertaining to the City of
Tamarac, and all terms and conditions of Exhibit 1 shall be deemed as having been
implemented for use within the City of Tamarac. It is understood that wherever the words
"agency name" or "agency board name" appear, they shall be read as "City of Tamarac"
and "City of Tamarac City Commission".
3. Term:
The term of this Agreement shall be for a period of five (5) years effective July 3, 2018,
and shall be concurrent with the term set forth by the City of Coral Springs as delineated
in Contractor's Exhibit B of Exhibit 1 to this Agreement. The Agreement shall extend for
additional terms concurrent with any extensions approved by the City of Coral Springs.
4. This agreement, Exhibit 1 constitute the entire agreement between the City and the
Contractor. In the event of a conflict between these documents, this Agreement shall
prevail, followed in precedence by Exhibit 1 in that order.
5. Contract Pricing/Cost and Payments:
Based on direct transport to the Waste Management Reuter Recycling Facility located in
Pembroke Pines, Florida; however, Contractor's Recycling Services Agreement Single
Stream Blended Value and Exhibits A and B, shall be amended to provide that The
Initial Processing Fee is $96.00-Sfid j( Der delivered ton and that all deliveries
must be made to the Reuter Recycling Facility. The WM Recycling Sun 11 facility at
1750 SW 43'd Terrace, Deerfield Beach, FL is not available to the City.
6. Insurance: In addition to the insurance requirements stated in the Coral Springs,
Agreement, Contractor shall obtain at Contractor's expense all necessary insurance in
such form and amount as specified in the original bid document or as required by the
City's Risk and Safety Manager before beginning work under this Agreement including,
but not limited to, Workers' Compensation, Commercial General Liability, and all other
insurance as required by the City. Contractor shall maintain such insurance in full force
and effect during the life of this Agreement. Contractor shall provide to the City's Risk
and Safety Manager certificates of all insurances required under this section prior to
beginning any work under this Agreement. The Contractor will ensure that all
subcontractors comply with the above guidelines and will retain all necessary insurance
in force throughout the term of this agreement. The following minimal insurance
coverage shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable
state and federal laws. This coverage must extend to any sub -Contractor that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. The City must be named as an additional insured for General Liability coverage
unless Owners and Contractors' Protective Coverage is also provided, or
required. Sixty (60) days written notice must be provided to the City via Certified
Mail in the event of cancellation.
f. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
g. In the event that sub -contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub -Contractors'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub -contractors.
Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
City of Tamarac
and Contracts Division
Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
7. Indemnification: Paragraph 8 of the Recycling Services Agreement Single Stream
Blended Value is amended to add the following paragraphs:
a. The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt
of which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of
the specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants
and representations relating to this indemnification provision shall serve
the term of this Agreement and continue in full force and effect as to the City's
and the Contractor's responsibility to indemnify.
b. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall
be the responsibility of Contractor under the indemnification agreement.
c. Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8. Non -Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor and its subcontractors shall not
discriminate against any employee or applicant for employment because of race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity and expression, or disability if
qualified. The Contractor will take affirmative action to ensure that employees and those
of its subcontractors are treated during employment, without regard to their race, color,
sex including pregnancy, religion, age, national origin, marital status, political affiliation,
familial status, sexual orientation, gender identity or expression, or disability if qualified.
Such actions must include, but not be limited to, the following: employment, promotion;
demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and selection for training, including
apprenticeship. The Contractor and its subcontractors shall agree to post in
conspicuous places, available to its employees and applicants for employment, notices
to be provided by the contracting officer setting forth the provisions of this
3
City of Tamarac
Purchasing and Contracts Division
nondiscrimination clause. The Contractor further agrees that he/she will ensure that all
subcontractors, if any, will be made aware of and will comply with this nondiscrimination
clause.
9. Independent Contractor:
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but
not limited to, the application of the Fair Labor Standards Act minimum wage and
overtime payments, Federal Insurance Contribution Act, the Social Security Act,
the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the State Unemployment Insurance law. The
Contractor shall retain sole and absolute discretion in the judgment of the manner and
means of carrying out Contractor's activities and responsibilities hereunder provided,
further that administrative procedures applicable to services rendered under this
Agreement shall be those of Contractor, which policies of Contractor shall not conflict
with City, State, or United States policies, rules or regulations relating to the use
of Contractor's funds provided for herein. The Contractor agrees that it is a separate
and independent enterprise from the City, that it had full opportunity to find other
business, that it has made its own investment in its business, and that it will
utilize a high level of skill necessary to perform the work. This Agreement shall not
be construed as creating any joint employment relationship between the Contractor
and the City and the City will not be liable for any obligation incurred by Contractor,
including but not limited to unpaid minimum wages and/or overtime premiums.
10. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not
be subcontracted without the prior written consent of the city.
11. Termination:
a. Termination for Convenience: This Agreement may be terminated by the City
in accordance with the provisions as outlined in Section 2 A & B of Exhibit 1.
In the
event that the Contractor abandons this Agreement or causes it to be
terminated, Contractor shall indemnify the city against loss pertaining to this
termination.
b. Default by Contractor: In addition to all other remedies available to the City,
this Agreement shall be subject to cancellation by the City for cause, should
the Contractor neglect or fail to perform or observe any of the terms,
provisions, conditions, or requirements herein contained, if such neglect or
failure shall continue for a period of thirty (30) days after receipt by
Contractor of written notice of such neglect or failure.
12. Public Records (Amends and Replaces Section Z "D. RECORDS AND AUDIT" of
4
City of Tamarac
Purchasing and Contracts Division
a. The City of Tamarac is a public agency subject to Chapter 119, Florida
Statutes. The Contractor shall comply with Florida's Public Records Law.
Specifically, the Contractor shall:
Keep and maintain public records required by the City in order to
perform the service;
2. Upon request from the City's custodian of public records, provide
the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or
as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and
exempt from public records disclosure requirements are not
disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the
contractor does not transfer the records to the City.
4. Upon completion of the contract, transfer, at no cost to the City, all
public records in possession of the Contractor, or keep and
maintain public records required by the City to perform the service.
If the Contractor transfers all public records to the City upon
completion of the contract, the Contractor shall destroy any
duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps
and maintains public records upon completion of the contract, the
Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided
to the City, upon request from the City's custodian of public
records in a format that is compatible with the information
technology systems of the City.
b. During the term of the contract, the Contractor shall maintain all books,
reports and records in accordance with generally accepted accounting
practices and standards for records directly related to this contract. The form
of all records and reports shall be subject to the approval of the City's Auditor.
The Contractor agrees to make available to the City's Auditor, during normal
business hours and in Broward, Dade or Palm Beach Counties, all books of
account, reports and records relating to this contract.
12. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of
the City of Tamarac in the annual budget for each fiscal year of this Agreement,
and is subject to termination based on lack of funding.
5
City of Tamarac
Purchasing and Contracts Division
13. Venue:
This Agreement shall be governed by the laws of the State of Florida as now
and hereafter in force. The venue for actions arising out of this agreement is
fixed in Broward County, Florida.
14. Signatory Authority:
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
15. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of
this Agreement.
16. No Construction Against Drafting Party:
Each party to this Agreement expressly recognizes that this Agreement results from
the negotiation process in which each party was represented by counsel and
contributed to the drafting of this Agreement. Given this fact, no legal or other
presumptions against the party drafting this Agreement concerning its construction,
interpretation or otherwise accrue to the benefit of any party to the Agreement, and
each party expressly waives the right to assert such a presumption in any
proceedings or disputes connected with, arising out of, or involving this Agreement.
17. Notice:
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail,
air or ground courier services or by messenger service, addressed to the party for
whom it is intended at the following addresses.
CITY
City Manager
City of
Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attornev at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
City of Tamarac
Purchasing and Contracts Division
Waste Management Inc.
of Florida a Florida
Corporation 2700 Wiles
Road
Pompano Beach, FL 33073
18. Scrutinized Companies -- 287.135 and 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating
in a boycott of Israel. Contractor further certifies that Contractor is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies
with Activities in Sudan List, and not on the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, or has Contractor been engaged in business
operations in Syria. Subject to limited exceptions provided in state law, the City
will not contract for the provision of goods or services with any scrutinized company
referred to above. Submitting a false certification shall be deemed a material breach
of contract. The City shall provide notice, in writing, to Contractor of the City's
determination concerning the false certification. Contractor shall have five (5) days
from receipt of notice to refute the false certification allegation. If such false
certification is discovered during the active contract term, Contractor shall have
ninety (90) days following receipt of the notice to respond in writing and demonstrate
that the determination of false certification was made in error. If Contractor does not
demonstrate that the City's determination of false certification was made in error then
the City shall have the right to terminate the contract and seek civil remedies pursuant
to Section 287.135, Florida Statutes, as amended from time to time.
19. Public Records Custodian:
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY CLERK
7525 NW 88TH
AVENUE ROOM 101
TAMARAC, FL 33321
(954) 597-3505
C I TYC L E R K@TAM A RAC . O RG
7
City of Tamarac
Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
Vice President duly authorized to execute same.
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Patricia A. Teufel, CMC
City Clerk
Date
ATTEST:
C!7�
re , f Corporate Secretary
RONALD M. KAPLAN, ASW. SEC.
Type/Print Name of Corporate Secy
(CORPORATE SEAL)
IT O TAMARAC
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Date
Approved. as to form and legal sufficiency:
rney
-7116/ /
Date
WASTE MANAGEMENT INC., OF
James F. Lambros
Vice President
Date
8
City of Tamarac
Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA:
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COUNTY OF x+r-dk
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and
in the County aforesaid to take acknowledgments, personally appeared James F/ Lambros, Vice
President of Waste Management Inc. of Florida, a Florida Corporation, to me known to be the
person(s) described in and who executed the foregoing instrument and acknowledged before me that
he/she executed the same.
WITNESS my hand and official seal this day of �01V , 20 .
E-,,,--r:
COLEEN T. HOULIHAN
MY COMMISSION # GG017816
EXPIRES August 02, 2020
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Signature of Notary Public
State of Florida at Large
14014 /A CI-1
Print, Type or Stamp
Name of Notary Public
2- Personally known to me or
❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
2 DID NOT take an oath.