Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City of Tamarac Resolution R-2004-213
Temp. Reso. #10544 Page 1 of 3 August 25, 2004 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2004- 2),O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A TIPPING FEE INCREASE OF $0.088 PER CUBIC YARD AND A CONSUMER PRICE INDEX INCREASE OF 3.46% FOR RESIDENTIAL MULTI -FAMILY SOLID WASTE COLLECTION SERVICES, EFFECTIVE OCTOBER 1, 2004; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1993, the City of Tamarac entered into an agreement with Waste Management d/b/a Southern Sanitation for Residential Multi -Family Solid Waste Collection Services; and WHEREAS, on September 29, 1995, the City Commission executed an addendum to said Agreement extending the term from December 31, 1997 to December 31, 2001; and WHEREAS, on July 11, 2001, the City Commission executed an addendum to said Agreement revising the effective dates for Consumer Price Index and Broward County Disposal Fee increases to run concurrently on October 1" of each contract year and extending the term from December 31, 2001 to December 31, 2004; and WHEREAS, Article 3.5 and Article 8.1 of said Agreement provides for an automatic rate increases based upon changes in the Consumer Price Index and Broward County Disposal Fee, a copy of said contract attached hereto as Exhibit 1; and 1 Temp. Reso. #10544 Page 2 of 3 August 25, 2004 WHEREAS, the Bureau of Labor Statistics reported a 3.46 percent increase in the Consumer Price Index - All Urban Consumers for the Miami area for the previous twelve month contract period, attached hereto as Exhibit 2; and WHEREAS, the Broward County Disposal Fee will increase from $85.93 to $86.81 per ton, effective October 1, 2004, notice of said increase attached hereto as Exhibit 3; and WHEREAS, Southern Sanitation has requested a rate increase of $0.088 per cubic yard due to increases in the Broward County Disposal Fee and an increase of 3.46% per the CPI increase for Residential Multi -Family Solid Waste Collection Services, a copy of said request and calculations attached hereto as Exhibit 4; and WHEREAS, the Director of Public Works recommends approval of rate increases as requested by Southern Sanitation; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the rate increase for Residential Multi -Family Solid Waste Collection 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. SECTION 2: A tipping fee increase of $0.088 per cubic yard and a Consumer Price Index increase of 3.46% for Residential Multi -Family Solid Waste Collection Services are hereby approved, effective October 1, 2004. 1 Temp. Reso. #10544 Page 3 of 3 August 25, 2004 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 22"d day of September, 2004. J SCHREIBER AYOR ATTEST: 1 Y "►u` �-vv'� MARION SWE SON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION s to form. .I MITCHELL S. IKAJ CITY ATTORNEY 1 RECORD OF COMMISSION VOTE: MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUM-TAL DIST 3: VIM SULTANOF DIST 4: COMM. ROBERTS TR 10544 Second Addendum to the Februa 24 1993 Agreement EXHIBIT 1 Between the Cit of Tamarac and Waste Management. Inc. of Florida D/B/A/ Southern Sanitation For Furnishin Multi -Family Solid Waste Collection This Addendum to the Agreement between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida 33321 (hereinafter "CITY") and Waste Management, Inc., of Florida D/B/A Southern Sanitation, a Florida corporation with principal offices located at 3831 NW 21 Ave, Pompano Beach, Florida 3073 (hereinafter "CONTRACTOR") is made and entered into this __/J day of , 2001. r WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated February 24, 1993, relative to the furnishing of multi -family solid waste collection in the City -of Tamarac; and WHEREAS, the CITY and CONTRACTOR agree to revise Article 1, Definitions, as herein specified in order to reflect current practices and descriptions; and WHEREAS,- Section 4.3 of the Agreement between CONTRACTOR and the .�� CITY provides for renewal for a three (3) year period of time; and (Y� WHEREAS, the CONTRACTOR agrees to include bulk pick-up service and to p ovide two bulk pick-ups per calendar year to each CUSTOMER at no additional cost 'o the residents; and WHEREAS, the CONTRACTOR and CITY agree to waive the CPI adjustment effective January 1, 2001 and agree that all future CPI adjustments shall become effective annually on October 1, beginning with the October 2001 adjustment, based .upon the June 30 Miami All Urban Consumer Price Index; and 4 WHEREAS, the CONTRACTOR agrees that all future rate increases shall be nclusive of franchise fees; and WHEREAS, the CITY and CONTRACTOR, choose to extend the term of the agreement until December 31, 2004, pursuant to Section 4.3 of the agreement between the CITY and CONTRACTOR. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993 and the addendum to the agreement dated September 29, 1995, between CITY and CONTRACTOR, the parties agree as follows: 1 Items &tP4GR4f represent deletions, underlined items represent additions Article 1, Definitions, §1.1 Biohazardous Waste, §1.2 Bulk Waste, §1.15 Household Trash, §1.20 Refuse/Solid Waste, §1.22 Residential Service (Multi- family) and §1.31 Yard Trash - Regular are amended to read as follows: ARTICLE 1 Definitions BIOMEDICAL/HAZARDOUS WASTE: Shall have the meaning set forth in Section 403.703 Florida Statutes. Such items are excluded from the solid waste stream under this agreement. §1.2 BULK WASTE: stoves, refrigerators, and other waste material other than trash weights or volumes greater tha incidental to the use of the occupancy is placed for collection. water tanks, washing machines, furniture construction debris and garden and lawn n those allowed for containers generated of the property where the ID�644 bulk item §1.15 HOUSEHOLD TRASH: All accumulations of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature other than garbage or lawn clippings, which are usual to housekeeping afld494 e-epefa.90 44 ef-stereo;-s#�ses-or-et#er��s+fless-phases. §1.20 REFUSE/SOLID WASTE: Garbage, rubbish, b41ky bulk waste, 6 de- G4t+e s household trash and other discarded .matter within the corporate limits of the city. §1.22 RESIDENTIAL SERVICE MULTI -FAMILY : All refuse collection service Provided to all residential dwelling units, including townhomes, duplexes, triplexes, condominiums , and all other multi -family dwelling units within the service area exclud.ing rental apartment complexes. - A A w. • . _ • A w � • •w • _ � A • • • A w i_ 2. Article 3, Fees and Revenues, §3.4 Tipping Fee Credit and §3.5 Consumer Price Index (CPI) Adjustment are amended to read as follows: ARTICLE 3 Fees and Revenues §3.4 TIPPING FEE CREDIT: One component in the computation of multi -family residential collection fees under this Agreement between CONTRACTOR and 2 Items stF6LGk44ru represent deletions, underlined items represent additions CITY is disposal fees (tipping fees). Pursuant to the Agreement. CITY and CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if new technology is utilized by CONTRACTOR that provides verifiable cost savings in excess of the cost of such technology that benefit CUSTOMER and CONTRACTOR. The tipping fee credit shall be computed using the information supplied by CONTRACTOR as required in Article 8. 42- 4ir44e4 te; tf�a-i�+en T i ed p sua�tW S-eGt;Gr 12.1 ( 6 �- §3.5 CONSUMER PRICE INDEX (CPI) ADJUSTMENT: If this agreement is not terminated as provided herein, on Jaya-Fy4 October 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami All Urban Consumer Price Index (CPI), for all items for the twelve (12) month period ending the previous Septe9 June 30. The CPI adjustment of the rate to be dffective Janua 1 2001 shall be waived and shall become_ effective on October 1, 2001 based upon the twelve (12) month period ending June 30 2001 Miami All Urban Consumer Price Index. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between August 1 and August 31 sub.sequent to the twelve (12) month period, to petition CITY by filing with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information, which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend to the City Commission that. the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Commission and shall be final and binding. The Consumer Price Index Adjustment shall not be effective January 1, 1996 and January 1, 1997 and shall be waived GRy for these two (2) periods. Thereafter, CPI adjustments in the rate shall occur as set forth herein above and shall be calculated as follows: % CPI increase/decrease X current rate = rate adjustment. 3. Article 4, Term, §4.1 Contract Term is amended to read as follows: Article 4 Term §4.1 CONTRACT TERM: The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Effective September 27, 1995 this Agreement shall be extended an additional four (4) years and expire on December 31, 2001. Effective 2001 this agreement shall be extended an additional three 3 ears and shall expire on December 31 2004. Service shall pease-ee 3 Items s4-6sl;�u represent deletions, underlined items represent additions ruce paFtie6..be continuous from date of execution of this addendum. 4. Article 5 Scope of Services, §5.2 Bulky Waste is amended to read as follows: Article 5 Scope of Services §5.2 (g) BULK WASTE: Effective_ January 1, 2002, CONTRACTOR shall Regetia nth G-'-'F=R the Fneans to provide bv*y�bulk waste Pick-up service on a bi-annual basis (ii.e, two timesper calendar year). Contractor shall establish a schedule of bulk_pick-uo collection days, which is agreed to -by the City, on or before December 1st for the followina vear. Bulk Dick -ups shall be at a location mutually agreeable to Contractor and Customer. In the event the Contractor and Customer cannot agree on pick-up_ location. the City_ shall determine the location. Pick-up location must be accessible to Contractor's collection vehicles. Each item of Bulk Waste shall be of a configuration, weight and size that two men can safely -Pick up the Bulk Waste_ and place it in _a rear load collection vehicle. Contractor shall advise Customer in writinq .a minimum of 30 days in advance of each bulk pick-u Any customer may request Bulk Waste collection service in addition to the above as prescribed in Section 5.2(gE2). CUSTOMER shall have the ability to _schedule any additional serv ice on a_ n as needed basis through CONTRACTOR, who shall provide the requested service within 48 hours of CUSTOMER call. The followinq methods and fees shall a I : 20 cubic yard open top container at a cost of 250 for delive pick-up_and disposal. Collection and disposal_of bulk_ items_ utilizing a_rear load t_r_uck at a cost of $25.00mer item with a 50.00 minimum charge per call. 5. Article 6, Schedules and Routes, §6.3 Storm/Disaster is amended to read as follows: (This section intentionally left blank) 4 Items stFuGI4-t fu+ represent deletions, underlined items represent additions Article 6 Schedules and Routes §6.3 STORM/DISASTER: In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for CONTRACTOR and CITY to acquire additional equipment and to hire extra employees to clean G4y CITY of debris and refuse resulting from the storm or disaster, CONTRACTOR shall work with CITY in all possible ways for the efficient and rapid cleanup of such debris and refuse. CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and coats of rental equipment, provided CONTRACTOR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. Listed below are the e ui meat and corres ondin rates er hour for the equipment, which may be necessa for storm or disaster clean u in the Cit of Tamarac. This eauigment shall be supplied on an "as needed" basis. 1) Boom Truck w Self contained thirty (30) cubic yard open bed truck with a "clam bucket loading mechanismfor "on -site debris pickup". 2) Rear Loader Truck — Thirty-one (31) cubic yard capacity "rear Load" packer type waste collection truck. 3) Roll Off Truck — Single truck operation capacity to load_/unload ten (10) through forty (40) cubic yard containers on site, Effective the date of this a reement the char es er hour far usa e of this eauir)ment will be as follows: Boom Truck with driver / operator) $130.00 / er hour Rear Loader Truck (with driver_plus 2 help___ers�- $150.00 /per hour Roll Off Truck with driver / operator) $110.00 / er hour The foregoing rices and costs are sub'ect to ad'ustment as set forth in Section 3.5. 5 Items s"Gk-t4u represent deletions, underlined items represent additions 6. Article 8 Rates, Records and Billing, §8.1 Rates, §8A and §8.5 are amended to read as follows: Article 8 Rates, Records, Billie §8.1 RATES: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor: The rate for multi -family sery ce shall be adjusted either upwards or downwards as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (.10) per cubic yard p14&4he appl+sable fF@nshse-fee for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. The tiepinfieping fee adjustment shall be calculated as follows: (Total amount of disposal fee increase/decrease) X .10 = Increase/decrease per Cubic yard) §8A V-4hefi-t4e Billing is shall be done by CONTACTOR, a4e4naeRt44/-i on a mgDthly basis and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a- sting, of �' uRts fer-,: T' e-selteot e wer-e�eceived a e -s- —1 __ythe total amount � �� ng� -all-sall�otiefls billed for the month the total amount collected and a listing of all accounts and balances that are in arrears over sixty (60) days. The contractor shall provide this data in electronic format. U R---s +RfQrn,�aRR{�al b ul�+f CONTRACTOR within sixty (60) days a#af-�naeRsema �11 p ig of agreement and annually, thereafter shall provide the CITY with a list of all accounts indicating CUSTOMER name CONTRACTOR'S account number, location and billing address which shows the quantity and_5ixe of container_ sand frequency ofpick-up for each account. • - ..r.�r.�s - -e _ •• - ♦ f the total CONTRACTOR on an annual basis s a report o_ Items st-rusl444.t�u represent deletions, underlined items represent additions tonnage of solid waste collected from multi-famil residences within the CITY during the previous twelve 12 month period. Said report shall break out the tonnage collected during bulk ick-u s. 7. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive any rights contained therein. 8. The effective date of this Addendum to the Agreement shall be the date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to the February 24, 1993, Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor, and Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through Phillip Morris, Division Vice President, duly authorized to execute same, ATTEST: Marion SwensSn 9 City Clerk Date: X/V0 pr ved to form and I al su i lenc �i Mit ll S. Kraft City Attorney CITY OF TAMARAC By: Joe Schreiber, Mayor DATE: L-7 /o / Jeffrey L. Miller City Manager Date: F/ 7Io 7 Items &"Gk thru represent deletions, underlined items represent additions ATTEST: o r t Secretary t� Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF BROWARD ) CONTRACTOR Waste Management Inc., of Florida, D/B/A Southern Sanitation a ori Division Vice President r Date: _ e) L. Before me personally appeared to me well known and known to me to be the person described in an who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my had and official seal this 30tInday of , 2001 s My Commission Expires: Personally known ( V--� ) Produced Identification ( ) Did/Did Not take an oath ( MA Azzzwl Notary Public, State of Florida At Large Print or Type Name of Notary �rryr►►►rrrrrr►r►rrrr ►r err►r►.rrw • A M + � a \. .••.w•ww.uu.r.•.u•..w�ww.I 8 Items str-L�Fu represent deletions, underlined items represent additions WASTE MANAGEMENT INC. OF FLORIDA ASSISTANT SECRETARY'S CERTIFICATE The undersigned states that he is the qualified and acting Assistant Secretary of Waste Management Inc. of Florida, a Florida corporation (hereinafter "Corporation's and that the following is a true and correct copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent appears in full on the books of the Corporation and remains in full force and effect on the date hereof. RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the February 24, 1993 Agreement between the City of Tamarac and Waste Management Inc. of Florida D/B/A Southem Sanitation for Fumishing Multi -Family Solid Waste Collection. i FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contracts, documents, certifications, deeds, and memoranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seal of the Corporation this 10 day of July 2001. RONAL LAN Assistant SedetaYv WASTE MANAGEMENT INC. OF FLORIDA ASSISTANT SECRETARY'S CERTIFICATE The undersigned slates that he iS the qualified and acting Assistant Secretary of Waste Management Inc, of Florida, a Florida corporation (hereinafter'Corpor2lion') and that the following is a true and correct copy of the Unanimous Consent of the Board of Diroctors of the Corporation which Consent appears In full on the books of the Corporation and remains in full force and effect on the sate hereof. RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the February 24, 1993 Agreement between lho City of Tamarac and Waste Management Inc of Florida D/8/A Southern Sanitation for Furnishing Muhi Family Solid Waste Coltection. FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporalion be and Is hereby authorized, directed and eMpowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contractu, documents, certifications, deeds, and memoranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seal of the Corpora A GREENWNT BETWEEN THE MY OF TAMARA C AND WASTE MANAGEMENT INC., OF FLOR7DA DBIA/ SOUTHERN SANITATION FOR FU RN"I S HIN G MULTI -FAMILY SOLID WASTE COLLECTION SERVICES FEBRUARY 14, 1"3 AGREEMENT BETWEEN THE CITY OF TAMA RA C AND WASTE MANAGEMENT INC., OF FLORA DB/A/ SOUTHERN SANITATION FOR FURII ISHZti G MULTI -FA MY SOLID WASTE COLLECTION SERVICES This is an Agreement dated the 24th day of February, TAMARAC, a Political subdivision of Broward County Flrida, its sutccessorween s and assigns, OF (hereinafter referred to as "CITY"), through its City Council, and Waste Management Inc of Florida dJb/a/ Southern Sanitation, its successors and assigns, (hereinafter referred of "CON -TRACTOR")• to as In consideration of the mutual terms and conditions, promises, covenants hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: and payments Detina Mons I.1 Shall have the meaning set forth in Section 1�41,03-703 Florida Statutes, L2 : Stoves, refrigerators, water and other waste material other than construe n debris, washing or [t�r171rniCure greater than those allowed for containers generated incidental to the use of the occupancy of the property where the bulky item is placed for collection. 1'� : Retail, professional, wholesale and industrial facilities and other commercial enterprises offering goads or services to the public. 1.4 Business establishments (for profit or not for profit) within PeCity oMMEf Tamarac. 1'5 : Multi -family residential apartment s that are on the Broward County tax rolls as condominium ownership assessment,, and axe designed for mechanical container (durnpster) garbage and trash pick-up. 1.6 Waste construction, remodeling, repairor demolitionuapera omaterials resulting from 1.7 Any dumpster, compactor, roll -off container, garbage as defined herein. g g can or bag, : Any condominium or could -family association or designated 1.$ �resenta of a condarni-niu►b or homeowner organization that utilizes e services of the CONTRACTM 1.9 Dead animals shall mean any four legged, two legged, fur, fin, feather livestock, household pet or otherwise. A site or facility legally empowered to accept solid waste for 1.10 roved b the City of Tamarac, Broward County, and treatmen�®r isposg as approved envies. the State of Florida ovemin$ g 1 11 Any detachable metal container designed or intended to be mechanically dumped into afork-type Font end loader or rear -end loader truck or similar mechanism garbage truth and varying in size from two (2) to eight (8) cubic yards. 1 12 p..UPLE-X: A detached two-family structure designed or intended far occupancy by two (2) families. 1.13 : AJl waste and accumulation of animal, fruit or ole matter storage attends, or results from the preparation, use, handling, matter v any nature of meats, fish, fowl, fruit, and/or vegetables or any offensive whatsoever which is subject to decaand the generation serve as breedingus ror feeding gases or odors, or which, during or of in nsects; and any bottles, cans ar material for flies or other germ -carry $ --containers, _ut.ilized in normal household -use,-which may retain water and serve as breeding places for mosquitoes and other insects. All accumulations of grass, leaves, 1.14 shrubbery, vines, tree branches and trimmings which are normally associated with the care and maintenance of landscaping. All accumulations of paper, magazines, pa*aging, 1.15acc containers, sweepings and all other al to housekeeping and ntotthe operation of soaes, or lawn clippings, which are usual offices or other business places. 1.16 A residential building which contains more than one (1) living unit, inclu'dingh do not uiretCO condominiums NTRACTORS and rviceexes. City may designate duplexes whit re9 1.17 Shall mean the form of security approved ppo e by he city and furnished by the the CONTRACTOR as a guarantee CONTRACTOR will execute the work i_n accordance with the terms of the agreement and will pay lawful claims. 1 18 : An occupant of a residential unit who generates refuse. 1.19 : Any vehicle which is not in violation of any provision of this Agreement is a proper vehicle. : Garbage, rubbish, bulky waste, 1.20 construct -ion or demolition debris and other discarded matter within the corporate limits of the city. 1.21 r r that may be established for thepurposes of carrme adrnin�strauve rules, regulations and Procedures Provisions of this agreement. ying out or making effective the 1.22 Provided to all residential dwelling units, UAL All refLise, including townh collec6on sl vise triplexes, condominiums -and all other including dwelling units wj"n service area. the 1.23 FF : Containers for range capacity from 10 to 40 yards pen top) ogfr m 15 to 5 y Of refuse with a compatible). 1S to 4S yards (compactor 1 24 -.12ISE: All waste wood, wood products, tree p1a-nts, weeds, leaves, dead tree4 or branches there hi s� shavings, c cuttings, dead g ,grass cuttin s Printed matter, paper, pasteboard, rags, straw, used and discarded vings smattresawdust, and discarded clothing, used and discarded shoes and boots, combustibles used Pulp and other products such as are used for packs in waste glass, ashes, cinders, floor sweepings, glass min g' oorl7etap wrapping, g, crockery and any and all other waSLe materials not included in the definition of Bulky s, and Construction Debris, Garbage, Hazardous Waste, and Special Waste. Waste, 1.25 � supervision, mater7als,:�vipmant, ]aborunder and all ore to moment shall consist of the said work s necessary to complete 1.2b : City limits of Ci ry of Tamarac. 1.27 exceeds the uruforrn level of service Provided ection or duinder eosal s drvrce Provided which Per the agreement, and for which a special service charge�is a tral service systems, I.28 applied, : All waste which by the nature of its size, weight or chemical content requires special hand includes but is not limited to tree trirnmigngs and branches its colt exceeding orisposal. This weight defined in Garden and Lawn Trash, or Yard Trash, hazardous appliances, bulky household items, large furniture items c the size or abandoned vehicles or vehicle materials, Parts, bod hazardous materials, explosives, radioactive materials or liquid waste, or any items that may n lawfully disposed of at the disposal facility y Pam. dead animals, flammables, ry utilized by the CONTRACTOR of be 1`2g S14RF,U: Shall mean the to insure the payment of all la vfulois debts penai�n nth g o for e COFACTOR Performance of the agreement. the acceptable 1.30 washers, water heaters and other similardome Di appliancarded refrigerators, ranges, 1.31 landscaping maintenance and shallll incget2dve matters lude materials such as from yard and trimmings, grass clippings, p� fronds or small tree branches which and stub exceed four (4) feet in length and four (4) inches in diameter. Such trash sh 1 not bundled and Placed curbside for regular collection. all be 3 1 Grant a�F ��use performance hereunder and compliance "'it1' the CTOR'S pe regulations of the CITY In consideration of the CONTR-A rants to the ential solid waste, the CITY hereby $ covenants and conditions set forte hderein, and in the ordinances reg the ublic streets, governing the collection of r ose of engaging in CTOR the right pursuant to Article 7.19 of the Ctty s Charter to use CONTRA orate Limits of the CITY for the p�P alleys and thoroughfares within the Corp but not otherwise• collection of solid waste for multi -family restd� ustomers located within e the business of ursuant to the terms of this Agreement, corporate limits of the Cl7Y p Agreement and retain vested title to all waste materials covered by this franchise • The CITY shall the Corporate Li -nits of the CITY until same are collected by CONTRACTOR; generated wttlun rP C-I.OR. at which time, title shall pass to CONTRA ram outside of this right to establish a separate recycling collection prig reduction T1►e CITY reserves the rig lays, plastic or other materials. However, any Agreement for newspapers, aluminum, g far recyclable regiment due to a reduction in in the size of the container and/or fr Nua result of a bona -fide of pick-up in this cog program aud CUSTOMER. the volume of solid waste collectedthera er urisdiction materials shall be the subject of negotiations wa d County Court A�ing p p l Legal procedures shall be invoked to a 13 P ursuant to Article 17 in the event that the parties cannot agree to a reduction. ,F"s/Revenues In consideration of the grant contain corn nsa o or lthe rightto 3.1 a Tees to a CITY equal to the CON�AC7TOR hereby g P Y use its streets, alleys and thoroughfares derivedunt Sfrom residential services fifteen percent (15%) of all Gross Receipts orate limits of Tamarac. (multi -family) solid waste customers within the ecaorp the end of the month. A Payments fez % sh oll� p than thirty ( ) franchise fee aid retroactive from October 1, 1992 until effective date of Agreement. statements CONTRACTOR shall provide to CITY notCONTRACTOR. dSt�a annual should signed by an authorized representative of of CONTRACTOR accom any payments and identify in detail dthenah records d amounts of Gross Receipts received by r which ACTOR, based during the month for which payment is made CreTlaOtRed aiols opNfuse �o make performance under this Agreement. � CO maintain an action against such reports and payments, CITY may CONTRACTOR to recover the . If, as and esullt expenses pan annual and t pursuant to including reasonable anorney fees. �� ursuant to the 2• there is a discrepancy between what should e d have tobCITY p to CITY for 8. , to franchise fees versus what was requbedonsible for 100% of the difference due Agreement, CONTRACTOR shall be resP and owin to CITY. Such difference shall �didedinfferenr�than thtrt}' (30) days after delivery of notice to CONTRACTOR of a It r forth er understood and agreed that the considerra ion�pe d pursu s torbthis Agreement shall not be added on as a separate item collection bills, but rather shall be considered as an operational expense. 3.2 In the methods ent of collect) and disposal vo f so O�'�CTOR establishes an time, a percentage of gross receiptsud waste. CITYshall establish Y other included in the calculation of the amounts rdUeSuch collections which Should bet 3.3 pa mN eni for s franchise on or before the date In the event CONTRACTOR fails to make OR shall pay an interest charge foeach month, ora fractioreinabove provideae that Payment is late. An Interest Factor shall_ Chase Manhattan Bank, N nt- Plus one be based on the n thereof, as follows: Percent (I %) calculation will belie for the illustrated Prime Rate + 1 %/365 da s� (DER) Daily DIR x Days Pa Y Interest Rate Y7pent Late=interest Charge Regardless of the toregoing, the Interest rate reterred to in this section will comply with all applicable state law 3.4 $, One Lhis component in the computation of multi -fa residential collection fees under CITY is disposal fees (tipping fees). Agreement scant to then CO m�ly CO,�ACTOR shall negotiate an ad' FACTOR and new technologylusanent to the fee Agreement, tie nt, C� and savin s is utilized by an adj RACTOR Article 9 if g excess of the cost of such technology that provides verifiable cost CO,NTRACT'OR. The tippino f gY that benefit CUSTOMER and supplied by CON a. ee credit shall be computed using to, the ' n rag CTOR as required in g the inforruation rnformauon required pursuant to Section Article �c�' including, but not limited 3.5 r r1 u c r r� �.-....y terrninaeed as provided herein on If this a ree rate shall be adjusWd by the same anti 1 of each subsequent g mee is not Miami All Urban Consumer Percentage increase or decrease, ar hereof, the month Period endingPrice Index (CPI) For All Items for the , Y� in the the previous September 30. Norwitems f r twelve (12) �ntence, no CPI adjustment in the rate s (1) year, except that in the event of an extrex aordinary four g the foregoing twelve (12) monthPercent (the for anyone December 1 and h period, CO subsequent � increase � the CPI in such NTRACTOR shall have the right, Petition CITY by filing a to the twelve (12 between adjustment in the rate abovee the/f urth the Contract Administrator nth foa,� CONTRACTOR'S petition shall contaiA erne ntci4%of mum level. substantiate the requested adjustment, The thirtY (30) days of receipt of the The Contract Adrm� trator recommend toallhwithin Petition be approved, denied or approved w [h modcatio e approval with modil;cations shall City Council that the and shall be Final and binding. within the sole discretion on op the adenial or City Council 4.1 Term Period commencin t and The tem, of this Agreement shall be for a 31, 1997. Service hall oru.mence no leer than ,forty-rive 1993 and ex _ five (S) year this contract is executed b forty-f ve (4Sp da s from December y both parties. Ys from the date 4 2 : City shall have the option to extend the term of this Agreement on a month -to -month basis on thirty (30) days wrimn notice. 4.3 � ; This Agreement shall be renewable by agreement of both pa�for one (1) three (3) year period• This option may be exerctsed by action rGes f the City Council and CONTRACTOR dttrulg the month of July 196,o e se that the total remaining agreement shall never exceed eight (8) years. options are available at the sole discretion of the CITY, and if exercised by CITY, CONTRACTOR shall be required 9 X� e extended ar�eement texry vide the eservices C1-iY shall on the sa-me not at have any terms and condttaons for theg obligation to exercise these options. Scope of Services 5.] all CONTRACTOR hereby agrees to be the solid waste collector and to collect solid waste generated by multi -family residential customers within the corporate limits of the CITY, except as specifically excluded in this Agreement. 5.2 -shall be provided regular refuse collection Ly service at least two (2) tames per week under this Agreement. All multi -family units are required to receive such service. (b) : CONTRACTOR -shall -provide mechanical/containerized (dumpster) refuse collection service.at least two (2) times per week under this Agreement. (c) I OF CONTRACTOR will also provide the means to decrease container size if requested by CUSTOMER based an decrease of garbage volume as described sled arterin Axticle �yl. During the first and thereafter service le ear � may f the contract, service level can be q be adjusted no more than twice per year. (d) : Pickups shall not be reduced by holidays, other thanChristmas Day, shall be required to pick up refuse on all holidays other than Christmas Day. CONTRACTOR shall service all hresid be � d customers twice during Christmas week and at least one (1) pick-up � after Christmas Day. (e) E - Container refuse customers shall accumulate refuse at locations that are mu gfordCol� colleon cthe tion CONTstorner and RACTOR. CONTRACTOR and which are convenient Where mutual agreement is not reached, CITY shall coordinate with CONTRACTOR and CUSTOMER to designate location. (f) CUS (1) liou of ColleaQM First collection per day will not begin prior to 8:00 A.M. or pursuant to Section 9-91 of the City Code herein attached as Exhibit "B" or such time as set by CITY via duly enacted ordinance. (2) CONTRACTOR shall provide service Monday through Sa (3) CONTRACTOR shall not make g mrday, Sunday. any waste collections on a (g) CONTRACTOR shall negotiate with CU means to provide bulky waste pick-up. STOI1,fER the 5.3 request additional garbage collection service in confor: CUSTOMER may established in Article 9. ith the rates 5.4 1 . minimum of noise and disturbaOnce.�CTOR shall make collections with a This work shall be done in CONTRACTOR and shall be Containers shall be handled carefully b tl4oroughly emptied and left where they were found a sanita CONTRACTOR shall be picked u ry manner. Any waste spilled b the receptacle found in an enclosure of and removed by C0��1"Z'RACTOR. y properly in such, enclosure. In the event of dam e Any y kind shall be replaced securely and Customer's garbage receptacles CO g by CONTRACTOR of a timely repair or replacement. NTRACTOR shall be responsible for the 5.5 � It will not be the responsibility of CO Waste resulting from clearing property for bui]dino -contracted to do so.rRACTO� to remove o purposes, unless specifically ScheARZLLLF dules and Routes 6.1 CONTRACTOR. CO '� Collection routes shall be established routes to the city for its pp ORshall sub approval it a rna d b p designating the collection Withheld. City may o which amend the collection Taal shall not be unreasonably amendments do not increase the cost of CONTRACTOR so long uch contemplated herein. TRACTOR to provide the as 6.2 that at tames du�nohe year, the quantity 'CONTRACTOR acknowledges fluctuation in the amount of garden gand and trraesh se is materiall be considered a justaficabon for tfie failure of CONTRACTORY increased by established schedules and routes. COs additional load will not oe removal of all refuse. NTRACTOR shall b responsito ble or 6.3 SIDEM ma CONTRACTIn the event of sto OILIR reasonable variance from regular rM Or other disaster, CITY ma as practical, after storm or disaster CONTRACTOR hedules and routes. Assoont customer of the estimated timer NTRACT'OR shall advise CTTy and be resumed. equired before regular schedules and routes can ie Where it is necessary for CONTRACTOR and CITY to equipment and to hire extra employees to clew city of debris a quire additional from the Storm or disaster, Cp d refuse resulting ways for the efficient CONT A O shall f Such th CI and TY in all possible debris and refuse, 7 CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and costs of rental equipment, provided CONTRACTDR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. 6.4 Employees of CONTRACTOR shall not be required to expose themselves to the danger of being bitten by dogs or other animals in order to accomplish refuse collection where the owner or tenants have such animals at large. CONTRACTOR shall immediately notify CITY in writing of such condition and of its inabilH to make collection because of such condition. ARTICLE I Disposal of Solid Waste CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this agreement to.the approved Broward County Recovery Disposal facilities or to any transfer station which may hereafter be utilized in the future by CITY and approved by Broward County (such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of disposal site for disposal of residential solid waste collected, pursuant to this Agreement- All alternative disposal sites must be approved in writing by C= prior to use by CONTRACTOR. All laws, rules and regulations governing hours of operation and disposal practices at disposal sites shall be strictly observed by CONTRACTOR. The parties hereby agree that all services provided by CONTRACTOR pursuant to this agreement shall be carried out in a confident and business -like manner and in compliance with the standards and specifications set forth in the attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any subcontractor without written prior approval by CITY. Any revision or establishment of new performance standards shall be approved by Council and upon such approval, shall become a part of this agreement as though fully set forth herein. The allocation of any and all costs which may be hereafter incurred by CONTRACTOR in conforming with any changes in the performance standards, shall be negotiated by CONTRACTOR and CITY in good faith. 8.1 RAUS: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor. The rate for multi -family service shall be adjusted either upwards or dbvnwa.rds as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (10) per cubic yard plus the applicable franchise fee for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. (a) In addition to the rate adjustments described above, CONTRACTOR petition CITY any tirue after the first anni vers may adjustment. CITY reserves the right to requ� addition information on as for for any rate increase proposalhe -right backup Finance Department or agent thereof.,gcoNT t of applicable records by CIZ-ys increases must be approved by Resolution TORtyrecognizesoand rate considered on a timely basis by CITY. CONTRACTOR 11 be increase prior to approval by City Council and notices gOR h lsiot bill jU rate the initial rates described herein. CITY shall have thin ding submission of the rate request by CONTRACTOR in which to rNu�estdin days additional back-up information, tm g (b) In the event that rates are increased or decreased a landFrlUincinerator/disposal site and/or by Broward County t the governmental agency C1TY may notify CO ty or any other state or fees based on formula as specifiad in 1CTOR within 15 days to adjust (c) The rates quoted are to apply to any area annexed into the city. (d) CON ty TRACTOR shall work with CITY to resolve any unforeseen Problems that may arise during the terra of the agreement, This include not limited to, providing extra crews and equipment in times of emergency Providing dumpsters in times of emergency,s, but is disposal of any unusual amounts of ero eand d assistin $envy, $ trash accumulated b fthe�on and departments of the cityg y arious - CONTRACTOR agrees to maintain, at Iris - principal plate o f business within Broward County,local office or relating to the performance of its obligation under this Agreement, CONTRACTOR agrees to maintain sear obligation adequate books and records g ement. identify gross receipts from the City of Tanaaraccfrorn ords gross recei sufficient to mumcipaLties, operations. Audits, upon reasonable notice b the receipts for other Peformed more frequently than twice a year during normal by hours. City, shall not be may, upon reasonable notice, cause an audit to be performed b city CITY by an independent party designated by CITY of that portion of CO tY PersdT or books and records relating to its perforrnanCe under this agreemenNTRACTpR'S an annual audit pursuant to this provision shall be reimbursable costs uof Section 13.3 performance evaluation and monitoring hereof. The cost under work a . No original notes or papers can be removed from the inspection location. 8.3 �: y (a) CONTACTOR shall be responsible for monthly customer bill' collection. CONTRACTORS telephone number shall be included on all not�ces to customers and bills for service. frig and (b) CITY shall provide CONTRACTOR dwith a list of all custom service. h'pe °f �n'i�, and frequency of col]Pr.rinn ►,�;„� ers, billing (c) discontinue a customer's service for non- a CONTRACTOR ,xuay temporarily due in excess of sixdays.P yment if a customers account is past non-payment, the ilty (6�rosia customer's service d to has , rnaybeen discontinued for PP the customers account. (d) Service shall be restored upon payment of account by customer. CONTRACTOR 'may charge a service fee of $15.00 when service is being restored after being disconnected for non-payment- CONTRACTOR may charge a monthly late fee, not to exceed one (1%) per cent of any past due balances in excess of thirty (30) days. CONTRACTOR shall notify CITY of the discontinuation of a customer's service, if such service is not restored within ten (10) days. (e) CUSTOMER DEPOSITS: CONTRACTOR may require a deposit not to exceed twice the fee for monthly service. If CONTRACTOR is providing a mechanicaYbulk container to the customer, the deposit may not exceed the total of the fee for two months service plus one hundred ($100) dollars for each yard of the mechanical container capacity provided. All deposit schedules shall be uniformly applied. If a customer's service has been discontinued for non-payment twice in a twelve (12) month period, CONTRACTOR may require an additional deposit equal to fifty (50%) per cent of the regular deposit. Customer deposit shall be returned or applied to the final bill when the account is closed and service is discontinued. Customer deposits shall be held in escrow by CONTRACTOR, and any deposit not refunded to customer shall be transferred to the city upon expiration or termination of the agreement. 8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a listing of all accounts for which no collections were received after sixty (60) days, a listing of all collections and a listing of all accounts that axe in arrears over sixty (60) days. CONTRACTOR shall provide CITY with said information on an annual basis from multi -family customers. CONTRACTOR within sixty (60) days after commencement by a contract shall provide CITY with: (1) A list of all accounts by name and numbers. (2) The total amount billed to each account. 8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route within CITY without commingling trash/garbage with any other route (other than CITY'S) and provide CTI"Y wjth an accurate tonnage weight analysis. OFTIOlY V. Compensation 9 " �= CONTRACTOR shall be pai d d the ,following sums for all ' service that it provides within the CITY MONTHLY SERVICE Container 1z per 2z par sx Size week wper dx per 5x pot 6x week week week per week week 2 cu, yds. 3 cu. yds. 61.69 118.12 174.5S 230.98 287.41 343.85 4 cu• yds. 76.81 148.27 219.73 291.19 362.65 434.11 s CU. yds. 92.82 179.31 265.8o 352.29 438.79 525,26 E CU. yds. 7 108.45 209,9 311.4b 413.00 514.52 616.01 8 cu. yds. 124,07 240.62 357.16 473.71 590.25 706.80 154,91 301.52 448.1 594.72 741.32 887.93 (d)(�) OP7'IpNgL SERVICES: (a) Caslers: �uP to 4 cubic yards per container) (b) Rollout: per month maintenance par month per Container lot Shp er coa� as 00 rollout, 1 time per week easy Per month week for each add;lional day per Per month for long, difficult rollout tune Per wook Per month'lor each a (c) Unscheduled or week dditiona! da S special Pickups Y Per (d �- Per uncbrnpacied yard cted rates (Ratio 4 102 cubic 1) 1 1 3 4 7 3 cube yards pot pickup 4 Cubic yards per picktip 5 cubic yards ards Per pickup 6 cubic Pot Pickup yards per pickup 'All Rates Arc ]r�elusiv� of Franr:hi<c Fr r. S ARTICLE-0 Units G u aran tees 10 Those units which currently are to receive service are contained within the designated multi -family residential areas, condominium designated areas as defined in Article 1.5 and Article 1.16. AETICLEM Contractor's Lacal Office 11.1 : Throughout the term of this Agreement, CONTRACTOR shall establish or maintain a local office or authorized managing agent within Broward County and shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all notices may be served from CITY. Service upon CONTRACTOR'S agent shall always constitute service upon CONTRACTOR. 11.2 13Q1LB�: CONTRACTOR'S local office shall be open during collection hours so that customers can lodge complaints, requests for information, and requests for service. At a minimum, CONTRACTOR shall be available during the hours of 8:00 A.M. to 5:00 P.M. , local time, Monday through Friday. 11.3 : CONTRACTOR'S local off -ice 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. Attendants shall receive calls in a courteous and polite manner, -record all complaints, -and resolve'all complaints in -an expeditious manner by the end of the next business day. ARTICLE 12 Contractor's Relation to City 12.1 : The relationship of 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 agreement_ By entering into this agreement with CITY, CONTRACTOR acknowledges that it will, in the performance of its duties under this agreement, be acting as an independent CONTRACTORt and that no officer, agent or employee of CONTRACTOR will be for any purpose an employee of the City of Tamarac and that no officer, agent or employee of 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 or ordinances of the City of Tamarac. 12.2 _ : This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and 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. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted by CITY, including the right to snake 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. 12.3 : CONTRACTOR shall act to provide a service of high quality and keep the number legitimaate complaints to a mirnirtmum. In order that CITY may be fully informed of the quality of the service, CONTRACTOR shall arrange the handling of complaints in substantially the following manner - by snail or by telephone, shall , all complaints, whether received in person, rT reported in CONTRACTOR'S lag approved by Contract Administrator and furnished by CONTRACTOR, 'cagy of the log is available to CITY upon request~ Complaints received before 12:00 noon shall be serviced before 5.00 p.m. that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon on the following calendar day. CONTRACTOR shall be available at CITY'S request to CITY action taken on complaints. Legitimacy of challenged complaints may, on the basis at the option of CTY, be determined of a joint inspection by a representative of CITY and a representative of CONTRACTOR. CONTRACTOR shall maintain a customer complaint log during the term of this Agreement, and shall maintain log for five Years from the date of the complaint. 12.4 nTgrurx,rrk7 A rT--, CONTRACTOR, in the execution, performance, or attempted performance of this agreeraen4 shall not discriminate against any person or persons because of sex, race, religion, color, or national origicap or marital status. in, hand CONTRACTOR'S employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, to Florida Human Rights Act of 1977, and the Asnerican"7isabilibes Act of 1992),-understand and a conditioned upon the veracity of this Statement of A s an e-Lbat CON R FOR herein assures CITY that said CONTRACTOR will comply with Title VI of the Civil Rights Act of 1964 when federal grants are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as hereinabove referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -Era Veccrans and Disabled Veterans within its protective range of applicability. CONTRACTOR must be an Equal Opportunity Employer and have an affu7n action plan and not discriminate on the basis of handicapped status. ative 1z.s (a) CONTRACTOR shall assign a qualified person or persons to be in charge Of its operations in CITY and shall give the name or names to CITY; information regarding experience shall also be furnished. CITY has right to ge CONTRACTOR'S collection employees to wear clean an uniforms or shirts bearing the company's name. (c) Each Driver shall at all times, carry a valid operator's license for the ry of vehicle they are driving, pe (d) CONTRACTOR shall provide operating and safety training for all personnel. 13 12.b : CONTRACTOR, at its sole cost and expense, shall furnish and maintain all equipment as is considered necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipmen t shall be maintained in a first-class, safe and efficient working condition through the terra of the agreement 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_ agreement. CONTRACTOR shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operation of the equipment and such files. and records shall be available upon reasonable notice for review by CITY. 12.7 YEHICULA Q.LLAll vehicles and equipment used by CONTRACTOR for the collection of residential solid waste shall be clearly marked with the CONI T11 ACTOR'S name and telephone number in letters of a size sufficient to reasonably identify the vehicle, but not less than five (5) inches in height. 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 (5) inches in height. 12.8 COIvT RACTOR shall provide its customers with appropriate containers for collection of residential solid waste, subject to the following requirements; all such containers shall be constructed according to the generally accepted industry standards. All roll -off containers shall be covered to prevent the scattering of the containers contents while in transit. All such containers shall be cleaned and maintained on a regular basis by CONTRACTOR so as to be in good repair. All containers shah be clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height. CONTRACTOR shall replace any damaged container within forty-eight (48) hours if notified by CITY or its customers. 12.9 UEEALDI CONTRACTOR shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness in the 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. CONTRACTOR shall maintain at its sole cost and expense copies of all permits and licenses required for its collection of residential solid waste services either from the City, County, State or Federal Government. Performance Evaluation and Monitoring 13.1 RICzHT IQ rSSpE.CIIQN: CITY hereby reserves the right to inspect and evaluate CONTRACTOR'S operations relaung to its performance hereunder either on a continuing or random inspection basis. The Evaluation PILn attached 9 A hereto as Exhibit "F" contains detailed standards for such evaluations. The Performance Evaluation Plan may be revised unilaterally by CITY at any time during the term of the Agreement or any renewal period provided, however, that any such revision will be effective anly upon reasonable notice to CONTRACTOR, CITY from time to time may unilaterally determine which Operations are to be evaluated during a particular period. CITY, through an independent third party Contractor of its awn selection, shall evaluate technical performance, including reliability and schedule performance, program management. The cost of such third party CONTRACTOR shall be a reimbursable cost under Section 13.2. 13.2 all documentable, out-of-pocket c sLs CONTRACTOR xnseshinc rred reimburse C� for connection with (he award of this Agreement to CO beforein the 30th day after the execution of this Agreement, -y shi l subnaitto 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 CITY and shall be deemed accurate notifiesunless the CONTRACTOR days after receipt CITY in writinO g of its disagreement to any such costs within thirty thereof. Reimbursement b CO to this provision shall not exceed an aggregate aoun Oof ten thousand R to CrTy and t No/100 dollars ($10,000.00) and shall be paid by CONTRACTOR forty-five (45) days after receipt of invoice from the City. 13.3 Fi1TrTuF vr,rn S�ST�t CONTRACTOR shall annually reimburse CITY ,for all costs chat�are incurred in monitoring And evaluating CON`I-R,4C7OR'S performance under this Agreement. Such costs shall be submitted to CO �y (30) days after the completion of each A CONTRACTOR ye OR in writing within certified as to the completeness and accuracyby[Ile City Such costs shall be deemed accurate unless CONTRACTOR notifies tyITMy�a� Wnud writing of disagreement with any such cost within thirty (30) days after, receipt thereof. Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be paid on or before forty-five (45) days after receipt of such costs from CITY and such reimbursement shall not exceed an aggregate amount of $15,000.00 for an agreement yea-T. y 13.4 CONTRACTOR shall fail to perform any of the material fin •the event Agreement, CITY shall provide CONTRACTOR with written notice of non- sions of compliance, stating all reasonable 1;acts relating thereto. If the practice, event or condition is not reformed, corrected or otherwise made to comply with the terms of this Agreement within a period of time which is reasonable in relation to the nature of the practice, event or condition of non-compli��� but in no event more than ten (10) days from the dace of the notice of violation urdess the non_ compliance cannot be cured within ten (10) days, using best efforts and CO y then �� a reasonable time salve shall constitute an A Cf No Complian11 ce. CITY Of those effom, the compliance, CONTRACTOR shall pay CITY the sum of up to Five Hu dyeach Act of ed Dollars ($500.00) 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 PARTf,ES at law or in equity for breach of this Agreerl 15 x3.s ht to terminate the Agreement at any time whenever (a) CITY reserves the ng CONTRACTOR fails e a meet reasonable standards of the the service provided by CONTRA'' as trade, after CITY gives written notice to CONTRACTOR of h the.receipts by CITY• set forth in the written notice within fourteen onetermination, CITY may call CONTRACTOR of such notice from service charged to CITY for the the Surety and apply the proceeds to the cost off s balance of the Agreement. similar ute (b) In the event of a strike by the emp oyeby or any othCONTer CTOR substantially which makes performance of t}us Agreement impassible, CONTRACTOR agrees that CM shall have the right to call the Surety Bond and engage another firm to provide necessary service. 13 CONTRACTOR shall furnish to -CITY a Performance Bond, Letter of Credit arch Cash � beguaranteeing in the fog acceptableul t° performance of this Agreement_ The security and in the City Attorney and sha>Ibf f Ththe sand $25this 00� Agreement The security shall equal to Two Hundred and y be furnished to CITY by CONTRACTOR I her of�Withoudt lim ring anydate other execution of this Agreement or any indemnity provisions herein, such security shall indemnify CITY against any loss, expense, cost or damagerrnancenb fC�Iva"TRACT�Rt The COitNyTARttorneyOR hereafter or any. failure of perfo Y hereby delegated the authority, to approve not only the form of the security, but also the financial capabilities of th sSuretart Agreement in compliance with a d and .sons hpreofon cCO completion shall be entitled to the return of any Cash Bond on Deposit with CITY within ten (1 0) business days. 13.7 Due to Unusual Circumstances: (a) It is expressly agreed that in no event shalla count of e liable sor esoo sable to CONTRACTOR or to any od1er peen°uon or other legal proceedings brought ay in the work herein provided for, by inj against CITY or CONTRACTOR, or on account of any delay for any cause for which CITY has no control. (b) CONTRACTOR shall not be responsible for delays or non-performance of the terms and provisions of this agreement where such delays or non- performance are caused by events or circumstances over which CONTRACTOR has no control, including riots, civil tuchdnonr non-performance obances, or rsdelayof �esupting provided, however, that in the event of any s p events or circumstances beyond thec for such of penal of tia�nOR, OeNl�ay or TOR shall not be entitled to compensation performance shall continue. >efA' of Agt moment 14.1 been a default of the Agreemenc,�C ty the ag Qsha11 the notrfttYCpanager, there has in writing, specifying that which has been a default of AgreemenIf, CW�1Rn a j + Period of seven (7) days, CONTRACTOR has not eliminated the conditions considered to be a default to this Agreement, City Council and CONTRACTOR, and a he Attorney shall notify City (]5) days of such notice. On that day�g shall be set for a date within i`tfteen and CTIY's representatives and shall ke a determ nadon as o whhether or no has been a breach and shall direct what funkier action hear ACTOR hereinafter provided. Pending Resolution of the alleg d brebeh�CO b t as it shall be governed by the provisions ut Section 14.2. Y CITY, R NIRACTOR 14'2 : Default b CONTRACTOR observe or perform a rnateriln of its duties undeOccur if CONTRACTOR fails to may terminate CONTRACTOR'S performance of services underr this Agreement in the event of default by CONTRACTOR and the failure by Cp�,� cure such default after receiving notice hereof. Should default occur, ACTOR to deliver a written notice to CONTRACTOR describing such default may proposed date of termination. Such date may not be earLier than the and the day fallowing receipt of the notice. CITY, at its sole option, may eaten Proposed date of termination to a later date. �, t}exteth (the termination, CO prior to the proposed date of CONTRACTOR cures such default then the proposed termination shall be ineffective. If CONTRACT fails to cure such default riot t Proposed .date of termination, then CITY P o the Performance under this Agreement as of such -may COIv*7 RgCTOR'S 14.3 "N N? contained in the above notice referenced the effective date of ter ina ftn as CONTRACTOR shall, unless the notice directs othe14.2 rwise, Immediately discontinue all service in connection with this Agreement and shall roc cancel promptly all existing orders chargeable to this Agreement. diately (10) days of receipt of notice of termination. CONTRACTORg ent. Wig ° CITY monthly reports and revenues required under thgreent io shall the day to termination. e day of 14.4 : In addition to, or in lieu of, the termination Procedure Section 14.2 of this Agreement CITY shall take any or o f the follownn a in the events of a default by CO p e set above in N,.ACTOR; g coons (a) If CITY determines, and notifies CONTRACTOR, poses an immediate threat to the health or safety of any person or to that such default interest, and if CONTRACTOR has not cured such default within twenty (24) hours after receiving such notice, C y four cause to be performed all or part of the work necessary to urthe � such perform or the event that CITY per -forms such work, or causes it to such In CONTRACTOR shall bear the cast of such work, and i tnecessary,b Performed, reimburse CITY for the cost thereof. CITY shall have the right to educt such compensation due to CITY from any sum otherwise dueshall CONTRACTOR. �Y and owing to 17 CI"I"Y shall make or fz.le a claim under o�liabilitiesBond, tha CITYLetter has (b) damages, expenses Credit, or Cash Bond far any ult of CONTRACTOR'S default. incu red as a res CITY may exercise its rights under Article 13.4 non-compliance by CONTR-ACTOR in this Agreement. err"ricntion : CONTRACTOR hereby assumes risk of lost and/or injury ry tobligations and/or persons arising directly or indirectly from the performance of any its officers, liabilities, demands, suits, costs or under this Agreement and further ag s�antoand all claim on hold harmless' ,sue from agents, and employees from and again y ands of liti ataon and attorneys fees an g expenses, including. but not limited to, exile g the indemnity provided herein any such claims, loss or injury. Without limiting the foregoing, specifically include any claim against CITY arisingbeyond he term of thisAgree a Agreement for heCnta rein defined), This indemnification shall continue claims arising as a result of this Agreement- 1-6 Insurance Bement 16 I CONTRACTOR shall°e u commence under this s Agreement -and such until it has obtained all the insuranceg shall be .insurance has been approved by the City. fsunnce � approval. CO rNTRACTOR for delivering to CITY the Certificate o shall name the City of Tamarac as a to of Insurance must named insured on thbe attached and Insurance. CONTRACTOR'S Certifica included in this Agreement as Exhibit " C ". All insurance policies shall be. issued by companies duly licensed to write business Ke Rating Guidesurance s in Furthe5 CIi`Y ate of Florida and rated -A- or better by A. M. B Y shall be named as a named insured on all insurance ethePwith a state olicies (except by the Compensation). Certificatds of each policy, gbe canczbed issuing company to the extent that said received icy shall C1TYnot shall be delivered oto thirty (30) days prior written notice re Y CFN for review and approval. Insurance coverage specified herein constitutes the minimum requirements and said requixeme is s `ems ofway eAgreenan or entt the liability of CONTRACTOR and er Che CONTRACTOR shall procure and maintain, at its own cost and expense, anY additional kinds and amounts of insurance t at, of itsts o k judgment, may be necessary for proper protection in the come e CONTRACTOR shall maintain, during the 16.2 term of this Agreement and any renewals, Worker's Compensation insurance o and shall all of its employees to be engaged in worsed. In the event that any class of requixe. the same from any subcontractors u employees engaged in hazardous work pursuant to this Agreement is not rotected under the Workers' Compensation insurance CO TRAtheC oORtects ll provide adequate employers general liability employees not so protected. 0 16.3 CONTRACTOR shall procure and shall main CONTRACT and .any renewals public Liability Lain durin m an amount not less than $1 is Pu Public combineaand Pro g the terry of this mJury, death and propert d sin le pent Darnage Insurance 16.4 Y damage (except automob,le) Limit coverage for bodily during the term � of this AgreernentCanhA�OR shall procure and ry insurance in renewals, Comprehensive maintain, coverage for bodily amount not less than Automobile Y'nJwy, death, and ro $1'000,000 combined single limit 16.5 P perry damage (automobile), maintain, during the terry of this A : CONTR.ACTOR shall Liability insurance in � greement and an procure and Automobile and Bodily amount not less than $1,000 000 overage in excess y InJ ury/Pro Umbrella 16.6' Damage coverages, of Paragraphs shall The insurance claims w provide adequate protection for required under which may arise from NTRAC OR against the abave operations be by the insured operations under this Agreement �,,damage the insured. C1Ty shall be named a or yarneone directly or indirectl hether such insurance policies provided for herein. insured an all Y employed by of CONTRACTOR'S 16,7 i.nr., T bonding corn ' bonds are parues with whom COj t the insurance and v'ritten shall be licensed to do bu � OR'S The and be represented by an agent or agents business in the performance Florida. Each such $ state of Florida and shall g having an ofBCe located in the State of n3ay be had gent shall be duly qualed, u on w and/or . and must have authority and power to act onhom service of r bonding company to ne behalf of the insurance Process Claimant, or an gotiate and settle with Y property owner who has been damaged CONTRACTOR, insurance CITY, or any other agents shall be set , and/or bonding corn an .may have against forth on all such p Y The name of the agent or C01`hRACTOR shall keep bonds and certificates of tunes during the �� of p the required insurance in full force insurance. this CONTRACT, and any renew and effect at all CONTRACTOR shall furnish to C thereof. furnished and approved b ITy a Cen.ificate required i.r�;sud app coverage,, evidencing Cp of insurance on a form Provided for ins g At the request of C 'ACTOR has obtained ae canceled b PeCtion. All policies roust I7"Y the original policy shall be written noticef sucinsurer chin leers than Prove that they may not be char reviewed upward at C thirty i30) days alter C changed or or cancellation.. Such insuranc bas received arnaunts wirhln y request, and d CO amounts may be thirty (30) days after receipt of such CONTRACTOR shall revise such eq est. Compliance with Yaws and Re 17, X gala tions �r This agreement shall Florida. A1.1 actions brow he considered consummated County, Florida. brought hereunder shall be brought exclusively t, County � B ro ward 19 Time shall be deemed to be of the essence 17.2 11M erein for the concerning this agreement whenever of the hereto, orhwhenever the performance of any obligations by any of time. accrual of any rights to either of the Parties hereto depends on the passage The failure of CITY, at any 17.E tiCTOR of any provisions herein shall in me, to require performance.by CONTRA waiver no way affect the rights of CITY thereafter be taken to enforce orate ld toobe awaiver of by CITY of any breach of any provisions any succeeding breach of such provisions or as a waiver of any provision itself. : If any provision of this agreement shall be 17.4 declared illegal, void ar unenforceable, the other provisions shall not be affected and shall remain in full force and e 17 $ : Neither CONTRACTOR nor CITY of ally abgovel�for the failure �topeonnafits duties if such failure is caused by order or regulation, strike, act of God, other similar or different contingency beyond the reasonable control of CO 17.6 '� : This agreement supersedes and replaces all terms related arac to multi -family residential service tn the o Wasgreemte nagement, Inc.ent between , dated AuguCity of st 26, and Southern Sanutauon, a division 1987, and effective immediately. wduof no further force and effectC1Ve date of this agreement shall be null and void an 17.7 ; This agreement shall not be considered fully executed or binding or effec o the Cityof Tn CITY amarac in an opel the same shall n meeting as and accepted by the City Council the COTRACTOR and CITY. After such required by law and executed by approval and acceptance, C ofllalityCONTRACTOR certified copy of the Ordinance as evidence the ut?unperson to bind CITY to the terms, covenants and provisions of this agreement and to perform the same in accordance herewith. 17.8 CONTRACTOR, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood oatt�e p� of CONTRACTOR, is alls the attention of CONTRACTOR to any such vitl officers, agents, employees, or subcontractors, then CONTRACTOR shall immediately desist from and correct such violation. 17.9 : CITY shall have the right to conduct periodic public meetings, to review and consider the performance of CONTRACTOR regarding its compliance with the material eed for atermny future Of the franchise, any amendments desired by CONTRACTOR, new services, and potential amendments to the- franchise reflecting service requirement changes based on advanceruCTOR ts in shall bela$ailable to attendy or tall ed community needs. An agent of CONTRACTOR concerns associated with the public meetings upon reasonable notice by CITY Agreement. 17.10 : Should Federal agency, or any State or Federal the State o Florida, City, County, United States or Broward County, City of Tamarac or GO ' °r any agency thereof require either affects or is inconsistent with ar ' r NTRACTOR to act in a manner w shall be authorized to determine whether a material provision hich. Y provisions of the Franchise Documents CITY Documents is affected in relation to the rights and benefits Franchise Documents upon C of the Franchise and CO P CITY or the public. Upon such determi.narion, Clonferred b ay CONTRACTOR shall negotiate in franchise to such extent as may good faith to modify or arnend the P�Poses thereof in relation to the necessary to carry out the full intent and 17.11 rights and benefits of CITY, or the public. a monthly notarized statement f r�ACTOR shall provide the C CONTRACTOR certifying authorized representatives with CONTRACTOR shall provide the Curacy of the month] of the surnro ITY with annual recapDafnchise fee payment. months 5 pibap�ise fee Dayments paid within the reGged1n receiptsross tw,and a g elve (12) 17.12 any right accruing under this a reement shallNo assignment of this agreement or CONTRACTOR without the express written be consent madeinwhole or in CITY shall not be unreasonably withheld, In Pan by the assignee shall the event of 'such concern of assume the liability of CONTRACTOR. y assignrnen� the 17.13 This agreement sha11 agreement and performance be effective upon the execution of It commencement date m set forth herein. °f this agreeent shall begin on the 17.14 (other than the license and : CONTRACTOR shall obtain all licenses andpermits all taxes required by Cl�, Permit granted by COFACTOR y and promptly pay Nliscellanebus Provisions 1$.1 The Exhibits A Appendix 1 are incorporated her with,byDreference for d H' Appendix I and fully Setforth. av Purposes as though 18.Z herein are on for convenience and referenceand areIn not intended the scopeParagraph headings contained of any provision of this agreement. to define or wit 18.3 Lau understanding between the This agreement constitutes the entire agreement and Modified, altered, changedpor am nded irties gnt yo the sub subject Utzrarter and approved b and it shall not be Y the City Council of the City of Ta respect done so in writing 18.4 ,Florida, (voluntary This agreement shall terminate in the bankruptcy, or involuntary) or insolvency of. CONTRACTOR, of ban.kxu bankrutcction �rnaination shall take effect on the day OR. In the case of is filed. Y and at the time that the 21 18.5 N01ICES: 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: C 1"I- i City Manager City of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305) 722-5900 Ciry Attorney Ciry of Tamarac 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 (305) 722-5900 -18.6 The legal fees and other expenses of the prevailing party to any litigation or dispute arising out of this agreement will be paid by the other pay. 18.7 tPYIS The provisions of the foregoing Articles 1 through 18, together with the following Exhibits A through H, are intended by the undersigned parties to and shall constitute a binding agreement between them. 18,8 DILUX If any part, section, sub -section, or other portion of this agreement is declared void, unconstitutional, or invalid for any reason, such part, section, sub -section, or other portion, or the prescribed application thereof, shall be severable, and the remainijag provisions of this agreement, and all applications thereof not having been declared void, unconstitutional, or invalid shall remain in full force and affect. CITY and CONTRACTOR declare that no invalid or prescribed provision or application was an inducement to the execution of this agreement, and that they would have executed this agreement, regardless of the invalid or prescribed provision or application. 18.9 QQ aD FAECII: CITY and CONTRACTOR agree to continue to work together in good faith and to coordinate their efforts to maintain and improve the level and quality of residential collection service. Th1s Agreement shall be effective this the be the Commencement Date hereof. ._ 'day °f 1993, which shall ATTEST: THE C T RA C, FL0RIDA n By. Mayor Jpfi P. Kelly. Cityer ATTEST: By: Carol A. Evans City Clerk CITY OF TA,MC APPROVED AT MEETING OF Date: 0 7ag By:John P.City Maner Date: 3- _G� pp� ravaId as TM: X By.. -Mtc S. City Art e� U 23 STATE OF FLORIDA :SS COUNTY of I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared :Z-�`°�'� �' to rue known to be the person(s) described in and who executed the foregoing inswment and ~ '=� acknowledged before me that executed the same. WTT - SS ray hand and official seal this -!P� day of NOTARY PUBLIC, State of s �.� N4- _ ]]Q j p ._ NOT Rda at r PuaL �q, &TE OF FLORIDA. A MY C01i;m15SION EXPIRES. JUNE 26, 19gj; r ONO[O THRU ncrAnr FUMUC UNocnwwJrRRu (Name. of Notary Public: Print, Stamp, or Type asac Commissioned) (X) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (X) DID NOT take an oath. 0 24 A TTF-qT. STATE OF FLORIDA COUN-1 Y OF -T�:�a�'SS CORPORATION: Contractor • H I HEREBY CERTIFY that on this day,_ aforesaid and in the Count before me' °ter duly auchori�d the State „ej � ev4-7 _ y aforesaid to tape acknowledgements, personal) a �"`'� �• � m' to me known to be the y PPeared foregoing instrument and person(s) described in and who executed the acknowledged before me that executed the same. SS my han an official seal this ---�t2 day of NO ARY P C, State of F] rida at Large MY N " = (Name of Notary public:.. �! ca,"`assx��s Prin t, S tamp, or Type as '°"°� TM0!'PC. Commissioned) ( Personally known to me, or ( ) Produced identification Type of I.D. Produced DID take an oath, or ( NOT take an .41 oath. cc: John P. Kelly, City Manager 2S i U.S. Department of Labor Bureau of Labor Statistics --�=r'rrw, %�+ Bureau of Labor Statistics Data Jnk � i fl Y t i Change Output 92004FromTo Options: TR 10544 include graphs NEW! More F•ortt7attinn Optiofts..r� Exhibit 2 Series Id: CUURA32CSA0,CUUSA320SA0 Not Seascnal'_y Adjusted Area: Miami -Fort Lauderdale, FL Item: All items Base Period: 1982-84=1C0 v 161.4 161.7 161.3 162.3 164.1 164.8 162.4 161.4 163.4 165.9 166.9 168.0 168.4 169.6 169.5 167.8 166.7 169.0 171.9 172,8 173. 5 173.5 .174.2 173.1 173.0 172.4 173.6 175.0 175.0 174.4 175. 177.0 177.9 175.5 174.7 176.4 180:3 1.80.6 179.4 180.9 181.E 181.6 180.6 180.0 181.2 183.E 185.2 185.6 184.5 12 Months Percent Change Series Id: CUURA3205A0,CUUSA320SA0 Not Seasonally Adjusted Area: [Miami -Fort Lauderdale, FL Item: All items Base Period: 1982-84=100 0.7 0.9 0.7 0.9 11.9 2.3 1.2 0.8 1.6 2.8 3.2 4.2 3.8 3.4 2.9 3.3 3.3 3.4 3.6 3.5 3.3 3.0 2.7 2.1 3.1 3.4 2.7 1.8 1.3 0.5 1.0 1.6 2.8 1.4 1.3 1.6 3.0 3.2 2.9 3.3 2.6 2.1 2.9 3.0 2.7 1.8 2.5 3.5 2.5 Frequently Asked Questions I Freedom of Information. Act I Customer Survey Privacy & Security Statement I Linking to Our Site I Acce.ssi.bifity U.S. Bureau of Labor Statistics costal 5quE]re Budding Phonc: (202) 691-5200 Fax -an -demand: (202) 691 6925 2 M hingtoll, DC Ave., -0 Data question,: bisdata-staff@bls,gov Nashington, DC ?0212-G0o1 Tec_hnq:al (web) questions: webmaster@bls.gpv ittp://data.bls.gov/servlet/SurveyOLitputServlet 8/5/2004 B R NVA RLD/ j N Lug TR 10544 Exhibit 3 Public Works Department - OFFICE OF INTEGRATED WASTE MANAGEMENT 1 N. University Drive, Suite 400-6 • Plantation, Florida 33324 - 954-765-4202 • FAX 954-577-2391 August 3, 2004 Resource Recovery Customer Dear Customer: The Resource Recovery Board, at its meeting of May 27, 2004, approved the revised tipping fee for processable waste delivered to the two resource recovery plants, effective October 1, 2004. The fee for processable waste will increase from $85.93 to $86.81 per ton for the next fiscal year. If you have any questions concerning the rates for next fiscal year, please call Ketie St. Louis at 954-765-4202 ext. 272. S incerely, r Mary Beth Busutil Director c: Resource Recovery Board Executive Director Technical Advisory Committee Broward County Board of County Commissioners Josephus Eggelletion, Jr. aBen Graber-Sue Gunzburger-Kristin C. Jacobs - Ilene Lieberman -Lori Nance Parrish -John E. Rodstrom, Jr. -Jim Scott -Diana Wasserman -Rubin www.broward.org/oiwm - Printed on recycled paper Board of County Commissioners Broward County, Florida Office of Integrated Waste Management RESOURCE RECOVERY SYSTEM SCHEDULE OF RATES, FEES, AND CHARGES WASTE -TO -ENERGY FACILITIES_ As of October 1,_2004q_ Processable Waste 1 $86.81 per ton SOUTHWEST REGIONAL LANDFILL (As of October 1. 2004) Non-processable Waste $ 50.00 per ton Construction and Demolition Material $ 30.00 per ton Yard Trash $ 50.00 per ton Clean Mulch Not being accepted until further notice Recycled Paper Residue Not being,accepted until further notice Trailers (Mobile Homes) $ 10.00 per foot Boats and Trailers $ 5.00 per foot Tires (All Sizes) $110.00 per ton Cars/Station Wa ons/Mini Vans $ 2.00 each Mini - or Mid -size Pickup Trucks (6' Bed or Smaller) $ 50.00 per ton Full -Size pickup Trucks (Bed Larger Than 6') $ 50.00 per ton Weighing/Certifying Fee $ 6.00 per official weight Additional Service Hours Actual costs plus 15% Emergency Service Hours Actual costs plus 15% Special Handlin Fees & Waste not Included Above lAs set by the Board of County Commissioners Duplication of Weight Tickets $ 3.00 per ticket Delinquent Fee (Authorized Credit Accounts only) 1 1/2% per month of delinquent amount due Dishonored Checks (Authorized Credit Accounts Only) $25 on checks up to $49.99; $30 on checks between $50.00 and $299.99; $40 or 5% (whichever is greater) on checks $300.00 and above. Reinstatement of Charge Privileges $ 50.00 for insurance $150.00 for non-payment and insufficient security deposit ;i: TR 10544 Exhibit 4 WACE CE1`,'E- �T� WASTE MAIVA6 II/Ef1171 August 4, 2004 Mr. Jeffery Miller, City Manager City of Tamarac 7525 NW 88th Avenue Tamarac, FL 33321-2401 Dear Mr. Miller: WASTE MANAGEMENT Pursuant to the terms of our contract, our service rates are to be adjusted effective October 1, 2004. The adjustments were computed based on the following - Solid Waste and Recycling Services Rates are to be increased/decreased the percentage change in the consumer price index (CPI), all urban consumers in the Miami/Ft. Lauderdale area, for the previous twelve months from June to June plus any applicable franchise fee adjustment. Per the attached, the CPI for this category increased 3.46%. Disposal The Interlocal Agreement disposal rate is scheduled to increase from $85.93 to $86.81 or $0.88. The adjusted rates reflect the disposal pass through formulas provided for in the contract, including applicable franchise fees. I have attached support for both the CPI and disposal increases. If you have any questions, please feel free to contact me at 954/984-2026. Sincerely, Anthony siulis Sr Fina c' I Analyst cc: Tony Spadaccia Bob Coester Marne Davis Lesley Sanatan C� r] Southern Sanitation City of Tamarac - Condos Effective October 1, 2004 DISPOSAL RATE/TN: Previous $ 85.93 New $ 86.81 Incr (Decr) $ 0.88 CPI: June to June/All Urban Consumers in the Miami -Ft. Laud Area 3.46% (Cap at 4.0%) FF 15.0% Rate Components: 1-Oct-03 1-Oct-04 Current CPI Disposal New Rate Rate 3.46% Incr Rate Adj Commercial Dumpster Service: _ Loose Pickup: See Attached Matrix Compaction: (Rate per Pickup) 2 yd $ 90.40 $ 3.12 $ 0.70 $ 94.22 $ 3.82 3 yd $ 135.59 $ 4.69 $ 1.06 $ 141.34 $ 5.75 4 yd $ 180.78 $ 6.25 $ 1.41 $ 188.44 $ 7.66 5 yd $ 225.98 $ 7.81 $ 1.76 $ 23 5.55 $ 9.57 6 yd $ 271.18 $ 9.37 $ 2.11 $ 282.66 $ 11.48 Casters per month $ - $ n/a $ $ - Short Rollouts (1x/week) $ 12.98 $ 0.45 n/a $ 13.43 $ 0.45 Long Rollouts (1x/week) $ 20.07 $ 0.69 n/a $ 20.76 $ 0.69 Specials per yard- Weekdays $ . 11.03 $ 0.38 n/a $ 11.41 $ 0.38 $15/2004 Page 1 of 1 Tamarac Condos Oct04.xts NEW RATES EFFECTIVE: October 1, 2004 SOUTHERN SANITATION City of Tamarac - Condos (All Pricing Includes Franchise Fees) NEW RATE SCHEDULE RATE: Variable PER YARD MONTHLY LOOSE CONTAINERIZED SERVICE CONT MAINT SIZE INCLUDED 1X 2X 3X 4X 5X 6X 2 CUBIC $0.00 ------------------------ $102.00 --- -------------- $197.63 --------------------- $293.20 ------------ --------- $388.79 $484.40 $580.00 YARD W/O MAINT, $102.00 $197.63 $293.20 --------------------- $388.79 --------------------- $484.40 ---------------------- $580.00 3 CUBIC $0.00 ------------------------ $133.82 --- ----------------- $261.12 -------------------- $388.40 ---------------------- $515.69 $642.99 $770.28 YARD W/O MAINT. $133.82 $261,12 $388.40 --------------- --- ------ $515.69 -------------------- $642.99 ---------------------- $770.28 4 CUBIC $0.00 ------.... ---... ---------------------------------------------- $166.73 $325.70 ----------------------------- $484.69 $643.70 --------------------- $802.65 $961.65 YARD W/O MAINT, $166.73 $325.70 $484.69 $643.70 --------------------- $802.65 ---------------------- $961,65 5 CUBIC $0.00 ---------------------- $200.93 --------------------- $393.44 -- -- ----------- $585.90 ---------------------- $778.37 $970.88 $1,163,33 YARD W/O MAINT. $200.93 $393.44 $585.90 -------------------------------------------------------------- $778.37 $970.88 - $1,163,33 6 CUBIC $0.00 $231.56 $453 94 $676.31 $898.69 $1,121.05 $1,343.44 ----------------------------------------------- -------------- ----------------- ------------------ ------------------- ----------------- YARD W/O MAINT. $231.56 $453.94 $676.31 $898.69 $1,121.05 $1,343.44 8 CUBIC $0.00 - - ----------------- $295.89 ------------ --- ---- $581.69 -------------------- $867.44 -- ---- - ---- -- - $1,153.19 - - - - -- $1,438.97 --- -- $1,724.73 YARD W/O MAINT. $295.89 $581.69 $867,44 1--- ;_.... ----- $ -i -- -- - - 1 438.97 ----- --, ------------- 1 724.73 OPTIONAL COMMERCIAL SERVICES: CASTERS: $ - per month ROLLOUTS: $ 13.43 per month for short, easy rollout , 1 x per week, $ 13.43 per month for each additional day per week. $ 20.76 per month for long, difficult rollout , 1 x per week. $ 20.76 per month for each additional day per week. SPECIALS: $ 11.41 per cubic yard COMPACTED RATES: $ 47.11 PER PICKUP PER YARD $ 94.22 per pickup - 2 cu yds $ 141.35 per pickup - 3 cu yds $ 188.46 per pickup - 4 cu yds $ 235.57 per pickup - 5 cu yds $ 282.68 per pickup - 6 cu yds ROLLOFF SERVICES: TEMPORARY ROLLOFF WORK OPEN TO COMPETITION 8/5/2004 Tamarac Condos 0004.xls Southern Sanitation Tamarac Condos 10/01/04 Price Increase Example Old Rate for Example: (6yd, 2x per week) (from "Existing Rate Schedule" tab matrix) Disposal Portion New Rate Old Rate Increase Allowable Incr per Yard per 1$ incr in tonnage rate Increase per Yard w/o FF * F=FaRrhise Fee ©-GipFiGai Increase per Yard incl FF Example: Cont Size Frequency/Wk Wks/month Yds per Month , Increase per Yard incl FF Monthly Increase CPI Portion Old Rate CPI $ 86.81 $ 85.93 - 4i U.bb $ 0.10 x $ 0.09 100% / $ 0.088 6 x 2 x 4.333 x 52 $ 0.088 x $ 4.58 $ 4.58 $ 434.35 3.46% $ 15.01 $ 434.35 $ 19.59 $ 19.59 New Rate for Example: (6yd, 2x per week) $ 453.94 (from "New Rate Schedule" tab matrix) * Revised as part of new contract