HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-209Temp. Reso. #10235
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August 26, 2003
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2003- e1.0 q
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING A TIPPING FEE
INCREASE OF $0.152 PER CUBIC YARD AND A CONSUMER
PRICE INDEX INCREASE OF 2.87% FOR RESIDENTIAL
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES,
EFFECTIVE OCTOBER 1, 2003; 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 1st 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
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Temp. Reso. #10235
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August 26, 2003
WHEREAS, the Bureau of Labor Statistics reported a 2.87 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 $84.41 to $85.93
per ton, effective October 1, 2003, notice of said increase attached hereto as Exhibit 3; and
WHEREAS, Southern Sanitation has requested a rate increase of $0.152 per cubic
yard due to increases in the Broward County Disposal Fee and an increase of 2.87% 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 $0.152 per cubic yard and a Consumer Price
Index increase of 2.87% for Residential Multi -Family Solid Waste Collection Services are
hereby approved, effective October 1, 2003.
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Temp. Reso. #10235
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August 26, 2003
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 10'h day of September, 2003.
ATTEST:
'Z../ir v ril
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
have approved this
RESOLUTION as to form.
ir-
MITCH L S. KF
CITY ATTORN
J E SCHREIBER
AYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-TAL
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
TR 10235
Second Addendum to the February 24L1993 Agrement EXHIBIT 1
Between the City of Tamarac
and
Waste Management, Inc. of Florida D/B/A/ Southern Sanitation
For Furnishin-o-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 �[Z day of , 2001.
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
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
Jpon the June 30 Miami All Urban Consumer Price Index; and
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 s40sf4 4n4 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 'I Definitions
§1.1VIA.STE BIOMEDICAL/HAZARDOUS WASTE: Shall have the
meaning set forth in Section 403.703 Florida Statutes. Such items are excluded
from the solid waste strum under this „agreement.
§1.2 BULK WASTE: stoves, refrigerators, water tanks, washing machines, furniture
and other waste material other than construction debris and garden and lawn
trash, weights or volumes greater than those allowed for containers generated
incidental to the use of the occupancy of the property where the bW4 bulk item
is placed for collection.
§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 and to the Gpe-i:a�
Gf_&t0 Feo_ nr nfher
r
§1.20 REFUSE/SOLID WASTE: Garbage, rubbish, la +4 y bulk waste, GnAstruntinr, nr
demotition---dear-is 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 excluding rental apartment complexes.
RE
JAL.- - •eVINKIMMIM
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 stri -nk t1r, - 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. mimed
§3.5 CONSUMER PRICE INDEX CPI ADJUSTMENT: If this agreement is not
terminated as provided herein, on JaauaOctober 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 June 30. The CPI
adjustment of the rate to be effective Janua 1 2001 shall be waived and shall
become effective on October 1 2001 based u on the twelve 12 month eriod
ending June 30 2001 Miami A11 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 Oece Au ust 1 and August 31 subsequent 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 ena} 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 ex ire an December 31 2004. Service shall
3
Items &tR4Gk44r-u represent deletions, underlined items represent additions
PaFtier,.-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 JanUM.l. 2002, CONTRACTOR
shall provide b bulk waste pick-up
service on a bi-annual basis i.e. two times per calendar ear
f1 Contractor shall establish a schedule of bulkpick-up collection
days, which is -agreed to by the City, on or before December 1st for
the followina vear. Bulk ick-ups shall beat a location mutually
agreeable to C6_ntractor and Customer In the event .the ,Contractor
and Customer cannot agree onpick-up location the City shall
determine the location. Pick-ug 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 safelKpjqk u
the Bulk Waste and place it in a rear load collection vehicle.
Contractor shall advise Customer in writing a minimum of 30 days
in advance of each bulkpick-up,
Any customer may request Bulk Waste collection service in addition
to the above as orescribed in Section 5.2(g)(2).
CUSTOMER shall have the ability to schedule any additional
service on an as needed basis through CONTRACTOR who shall
provide the reguested service within 48 hours of CUSTOMER call.
The following methods and fees shall apply:
20 cubic and o en toa container at a cost of 250 for deliveDL
pick-up and disposal.
Collection and disposal of bulk items utilizing a ,rear load truck at a
cost of $25.00,per item. with a $50.00 minimum charge per call.
Article 6, Schedules and Routes, §6.3 Storm/Disaster is amended to read as
follows:
(This section intentionally left blank)
4 �--t
Items c+FG'i thpa 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 r,t 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 costs 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 ment and corres pondin rates er hour for the
equipment, which may be necessa for storm or disaster clean up in the City of
Tamarac. This equipment shall be supplied on an "as needed" basis.
1 Boom Truck �- If contained thin 30 cubic yard open bed
truck with a "clam bucket" loadin mechanism for "on -site debris
icku ".
2 Rear Loader Truck -- Thirt -one 31 cubic yard ca acit "rear
Load" acker t e 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 per hour for usa e of this
e ui ment will be as follows:
Boom Truck with driver / o erator $130.00 / er hour
Rear Loader Truck (with driver plus 2 hel�ers� $150.00 /per hour
Roll Off Truck (with driver / operator) $11.0.00 /per hour
The foregoing rices and costs are sub'ect to ad'ustment as set forth in Section 3.5.
5
Items stP4Gk4#Fu represent deletions, underlined items represent additions
6. Article 8 Rates, Records and Billing, §8.1 Rates, §8.4 and §8.5 are amended to
read as follows:
Article 8 Rates, Records, Billing
§8.1 RATES: The rates referred to in
decreased to reflect substantiated
facilities used by CONTRACTOR.
Article 9 shall be automatically increased or
increases and decreases in disposal fees at
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 downwards
as a direct pass -through for any disposal fee increase or decrease based upon
the calculation of ten cents (.10) per cubic yard a fFanGhis fcc
for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton
tipping fee at the disposal site.
The tipping fee adjustment shall be calculated as follows:
(Total amount of disposal fee increase/decrease) X .10 = Increase/decrease per
cubic yard)
§8.4 When4he Billing is shall be done by CONTACTOR, billing r, ay ba-ma4e-me
on a monthly 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,
ice ect+ees the total amount
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 shalLprovide this
data in electronic format. 4;QNTRAGT
CONTRACTOR
within sixty (60) days after ^^mmenc
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 size of containers and
frequency ofpick-up for each account.
MWAMMw. .
♦iyear,th �► Aw Shall 4 _ r
%.AW'thin CITY
tonnage of solid waste collected from multi -family residences within the CITY
during the previous twelve 12 month eriod. Said report shall break out the
tonnage collected durin 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.
g. 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 Swen n
City Clerk
Date: 0/(51L6-
ved " to form and Ig4al
s
Mitphbll S. Kraft
City Attorney
CITY OF TAMARAC
By: (
Joe Schreiber,
Mayar
DATE:--7,/CV
4.
Jeffrey L.. Miller
City Manager
Date: r 7 to
7
Items atpaGk-thfu represent deletions, underlined items represent additions
ATTEST:
A
o r t Secretary64,,-si St7-)
L�
Type name of Corporate Secretary ,
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF BROWARD )
CONTRACTOR
Waste Management Inc., of
Florida, D/B/A Southern
Sanitation
y:
Mori Division Vice
President �%r`C�617.A
Date: • �ln % i�
Before me personally appearedPhol, 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 �Otjn_day of AZA d, , 2001
In-4 zj' A-ez,02 � /&z Z4:n'�
Notary Public, State of
Florida At Large
Print or Type Name of Notary
ffriy Commission Expires:
�. MAUREEN
r
...rr..rr.rrr.�r..
NKOSKY
EXPIRES • •
V�
Produced Identification -4%vl r •
Did/Did Not take an oath ( )
8
Items struck thru 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 Southern Sanitation for Furnishing Multi -Family Solid Waste Collection_
FURTHER RESOLVED, that Phillip Moms, 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 J�jl 2001.
RONALD'M
Assistant e
V r j
WASTE MANAGEMENT INC. OF FLORIDA
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned states that he is the qualified and acting Assistant Secretary of Waste ManagCmant
Inc. of Florida, a Florida corporation (hereinafter "Corporation" and that the following is a true and
correct Copy of the Unanimous Consent of the Board of Dimetors 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, 1093 Agreement between the City of Tamarac and Waste Management Inc of Florida
D!S/A Southern Sanitation for Furnishing Muhi Family Solid Waste Collection.
FURTHER RESOLVED, that Phillip Monis, 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 man►oranda
deemed by him to be necessary and appropriate to effect the herein authorized Resolution.
WITNESS my hand and the seal or tile Corpora
1
V
V
AGREEMENT
BETWEEN
THE CM OF TAMA R.A. C
AND
WASTE MANAGEMENT INC., OF FLOREDA
D/B/A/ SOUTHERN SANITATION
FOR
FU RNT S HIIN G
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
FEBRUARY 24,1993
AGREEMENT
BETWEEN
THE CITY OF TAMA RA C
AND
WASTE MANAGEMENT INC., OF FLORIDA
D/B/A/ SOUTHERN SANITATION
FOR
FURNISFW G MU-LTI-FA ILy SOLED WASTE COLLECTION SERVICES
This is an Agreement dated the 24th day of Febru
TAMAR.AC, a political subdivision of Broward County Florida itsb uccessoTrs�and assigns,1 CF
(hereinafter referred to as "CITY"), th-rough its City Council, and Waste Management Inc.,o
Florida d✓CT Southern Sanitation, its successors and assigns, (hereinafter referred to of
„COFACTOR"). o as
In consideration of the mutual terms and conditions, promises, covenants and pa ments
hereinafter set forth, CTY and CONTRACTOR hereby agree as follows: y
Definitions
I.1
Shall have the meaning set forth in Section
403.703 Florida Statutes.
1.2 Stoves, refrigerators, water
and Other waste material other than constxucuon �debnsm weights or Biro ro
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.
I'�BUS ZMSS: Retail, professional, wholesale and industrial facilities and other
commercial enterprises offering goods or services to the public.
I'4 'Business establishments (for profit or not for profit)
the City of Tamarac. P ) within
I.S : Multi -family residential apartment buildings that are on
the
Broward County tax rolls as condominium ownership and assessment, and are
designed for mechanical container (dumpster) garbage and trash pick-up.
1.6
construction, remodeling, repair:or demOLtionuope building resulting from
1.7
as defined herein�y dumpster, compactor, roll -off container, garbage can or bag,
oadesignated
Any condominium or mulamilY �mutilizes the
l.areprese$ acondominium or homeowner organization
serv1Ceof the CONTRACTOR.
legged, fur,
1.9
Dead animals shall mean any four legged. two
fin, feather livestock, household pet or otherwise•
: A site or facility leggy e oPTamardaG, Broward Co my, and
1.10d waste for
p roved by the City
lr�eaLmen disposal � � approved agencies. the State of Florida overning S
1er designed or intended to be
: Any detachable metal con d loader o rear -end loader truck or
1.1 dim d into a fork -type front e
mechanical►Y 1 in in size from two (2) to eight (8)
similar mechanism garbage truck and varyg
cubic yards.
1.12 pUELEX: A detached two-family structure designed or intended for occupancy
by two (2) families.
fruit or vegetable matter that
1.13 All waste and accumulation of animal, , serving or storage
attends, or results from the preparation, use,
h'�'dm'g' cooking, g nature
of meats, fish, fowl, fruit, and/or vegetableesor neration of noxious or any
whatsoever which is subject to decay and the generation
as breedirig or feeding
gases or odors, or which, during or after decay, may
material for flies or other germ -carrying insects; and any battles, cans or
containers, -utilized in normal household -use,-which may retain water,and serve as
breeding places for mosquitoes and
other insects.
All accumulations of grassocass, leaves ated
1.14 vines, tree branches and trimmings which are normally
shrubbery,
the care and maintenance of landscaping.
,jH
1. 15 : All accumulations of paper, magazines, pacjcaging,
containers, sweepings and all other accumulationsf a ure other than operation of
or lawn clippings. which are usual to
offices or other business places.
A residential building which contains more
1.16
than one-(1) living unit, including but n of u� limited
nNTRP►CTORS anddominiums duplexesexes.
City may designate duplexes which don require
Shall mean the form of security approved by the
1.17 the CONTRACTOR as a guarantee that the
city and furnished by
CON-I-RACTOR will execute the work in accordance with the terms of e
agreement and will pay lawful claims.
An occupant of a residential unit who generates refuse.
Mui a: Any vehicle which is not in violation of any provision
of this Agreement is a proper vehicle.
Garbage, rubbish, bulky waste, construction or
d ther discarded matter within the corporate limits of the
1.18
1.19
1.20
nnnnnCF.R:
demolition deans an o
city.
1.21
All
administrative rules, regulations and procedures
that may be established for the
provisions of this agreement PAP°ses of carrying out or making effective the
1.22
1.23
1.24
1.25
1.26
1.27
1.28
1.29
1.30
1.31
Provided to all residential dwelling units, includAll refuse ing to nhomes,�du service
duplexes,
triplexes, condominiums - and all other multi -family dwelling units wie} in
service area. the
range capacity from 10 to 40 ards (oContainpen for large accumulations of refuse with a
compatible). y (p p) or from 15 to 45 yards (Compactor
RIJIBISI: All waste wood, wood products, tree Plants, weeds, leaves, dead trees or branches thereof,rchips,
$ , grass Cuttings, dead
Printed matter, paper , pasteboard; rags, stxaw, used shavings, sawdust,
and discarded clothing, used and discarded shoes and boots�combustible s� used
Pulp and other products such as are used for packaging or wrapping, wasteand
glass, ashes, cinders, floor sweepings, glass, mineral or metallic substances eand
any and all other waste materials not included in the definition of Bulky,and
Construction Debris, Garbage, Hazardous Waste, and S Bulky Waste,
pecial W
rite.
ss The work under this Agreement shall consist of the
raid w work
materials equipment, labor and all other items necessary to complete
City limits of City of Tamarac.
exceeds the uniform ]eve] of servicle providedn or dunder disposal
service dential provided which
per the agreement, and for which a special service charge tis app ed rvice systems,
All waste which by the nature of its size, w�i ht
chemical content requires special handlin includes but is not limited to tree trimrnigngs andebranches ezon or disposal. Th°s
weight defined in Garden and Lawn Trash, or Yard Trash, hazardous
appliances, bu exceeding the size or
hey household items, Urge materials,
abandoned vehicles or vehicle $ furniture items, construction materials
explosives, radioactive materials po liquid body Parts,
ordany item ead athat may not be lawfully disposed of at the disposal ;facility utilized by the CONTRACTOR_may not be
to r the payment of h Party who is bonded with and for the CONTRACTOR
Performance of the agreement. all lawful debts pertaining to and for the
washers, water Discarded refrigerators, ranges,
heaters and other similar, domestic appliances.
ive
landscaping maintenance and shall in g tatude materials mamr resulting from yard and
trimmings, grass clippings p fronds or small h as tree and shrub
exceed four (4) feet in length and four 4 tree branches which shall not
bundled and placed curbside for regular collecdon� diameter' Such trash shall be
3
i
Grant of Franchise with the
the CONTRACTORS performance hereunder and elation of the CM
In consideration of hereb grants to the
cs and conditions sec forth herein,
waste, the,CITYpublic streets,
cover the collection of reside s Charter to use p
governing right ursuant to Article 7.19 of the Ctty ose of engaging in
7,0NTRACTOR the rig P orate limits of the CITY for the pulp located
alleys and thoroughfares within w�tefor multi -family residential c stoono otherwise within the
the business of collection of so eernene,
corporate limits of the CITY pursuant to the terms of this Agr Agreement and
same are collected by CON
generated within - ACTOR;
hall retain vested title to all waste materials covered by this franchise
T1e CM shall orate limits of the CITY
thin the core
at which time, title shall pass to CONTRACTOR Collection program outside of this
ht to establish a separate recycling reduction
The CITY reserves the ng aluminum, glass plastic or other materials. However, any
Agreement for newspapers, in this Agreement due to a reduction in
y ick-up for recyclable
in the size of the container and/or frequent of p CONTRACTOR and CUSTOMER.
de
the
volume of solid waste collected as a result
betwebennthelC recycling program C •urisdiction
ER.
materials shall be the subject of ed in negotiations me to a reduction.
Legal p
rocedures shall be invoked in a Browd cannot 8 Court of having prop
pursuant to Article 17 i.n the event that the p�
-Fees/Revenues
In consideration of the grant contained sation rle right hereof,
3'7 CTOR hereby agrees to pay CITY as
the CONTRA
treet User Fee")
ual
use its St
reets, alleys and thoroughfares an isamount
erivedSfrom residential services
fifteen percent (1S°!o) of all Gross Receipts orate limits of Tamarac.
(multi -family) solid waste customers within the corporate
the end of the month. A
Payments shall be due no later than thirty ) y
franchise fee of 15°k shall be paid retroactive from October 1, 1992 until effective
dace of Agreement.
CONTRACTOR shall provide to CITY notarized monthly RdStatements should
al statement's
inean authorized repr;senta i deoail CO c NTRgories and amounts
accompass
ny payments and identify CONTRACTOR'S
CONTRACTOR, based on the records of C
Receipts received by r which'► a ment is made related to COI
during the month for which t if CONTRACTOR fails or refuses to make
performance under this y CITY may maintain an action against
such reports and payments,
to recover the same and result
expenses
sannua1 audit pt collecting
to
CONTRACTORaid to CITY for
including reasonable attorney bey fees. what should have been paid
to the
8.2; there is a discrepancy required to be paid to CITY p
franchise fees e�SpCTOR shall hat was e responsible for 100°Io of the difference d ys
Agreement, C Such difference shall be due no later than thirty ( )
and owing to CITY; CONTRACTOR of said difference.
after delivery of notice to CONTRA
erstood and agreed that the consideration tpe resident's pursuant
rsua t garbage
It is further and separate item on
Agreement not btiera hall bp considered as an operational expense.
collection
3.2 EUUE
In the
methods of collection and disposal of s COFACTOR establishes an
included
a percentage of gross receipts from s uh collections all establish,
�t�}�a�
included in the calculation of the amounts due.
which should be
3.3
Payment for this franch�n,r before the date �: In the event as
CONTRACTOR shall CONTRACTOR fails to make the
that payment is late, pay an interest charge for each month�o a fraction thereoreinabove f
�
Chase Manhattan .8 ``� interest Factor shall
N.A plus one percent (l based ul the pie rate for the
as follows: ( )calculation
will be illustrated
Prime Rate + 1 %i365 da s�
(DR) Daily Interest RDIR x 'atDays , Late=xntorest Charge
Regardless of the to'egoing, the Interest rate rote
section will comply with all applicable state laws.
rred to in this
3.a
residential c One component in the computation
CITY is disposal ufees e ti under this Agreement between
cation ofmulti-family
(tipping fees). Purse eon CONTRACTOR and
CONTRACTOR shall negotiate fe s). ant to the Agreement,
new technology is utilized b adjustment to the fee schedule iArticle CTTY and
savings in excess of the cost of CO technology
that r Article 9 if
COM'RACTOR p ovides verifiable cost
pplied b C The tipping i $Y that benefit CUSTOMER and
su pA ng fee credit shall be computed usin to, the Y ONTRACTOR as required in Article 12 g, he- i�onuation
�-v g not limited
information required pursuant to Section 12.1(c)' includin
3.5 l nVC!TT71.1
--
terminated as Y
rate shall Provided herein onR' this agreement be adjusted b Vt�f!l of each subse uent eement is not
Miami u the same percentage increase or decrease, � hereof, the
All Urban Consumer Price Index
month period endingp (CPI) For All Items for the twelve (12e
sentence, no CPI adjstment previous
rate Smber 30 )
(1) Yew, except that in the even[ or to ex Notwithstanding the foregoing
exceed four percent (4%) for an
twelve (12) month period, CONTRAextraordinary increase ' Y one
December 1 and De CTOR in the CPI in such
comber 31 subsegUent to the twelvevel2he right, between
petition CITY by filing a petition with ( ) month period, to
adjustment in the rate above the four
CONTRACTOR'S per ent (4%) Administrator for an
petition shall contain financial infomum level, The
substantiate the requested adjustment.
rmation which shall
'�h' (30) days of receipt of the The Contract Administrator all wthin
Petition be approved, denied or approved recommend mo
tithe
approval with modificaons shall be CI[Y Council that the
and shall be final thin the sole discretion of he City or
and binding.
[y Council
Aau"EA
4.1 Term
Period commencin : The term of this Agreement shall be fo 1997. Service shon and including January 1, _r a five (5) year
this contract is executed Commence
mtnence no later than forty-fived(45jd $ Or, December
y both parties. Y m the date
5
4 2 : City shall have the option to extend the term of this
Agreement on a month -to -month basis on thirty (30) days written notice
•
This Agreement shall be renewable by agreement of both
4.3 year eriod. This option may be exercised by action
parties forone�0) three (3) Y p the month of July 1996; however,
of the City Council and CO rNTRACTOR�dter exceed eight (8) years• These
that the total remaining ag
options are available at the sole discretion oo t C �► eser�vices upon the same
CONTRACTOR shall be required top
terms and conditions for the extended agreement term. CITY shall not have any
obligation to exercise these options.
Scope of Services
5.1and to
CONTRA t�I OR�here�byag�re-llect a1l
fto r' S dential c5ustomerstwithin the �orporate
solid waste generated by mul Y
Limits of the C=, except as specifically excluded in this Agreement.
5.2 _ - shall be provided regular refuse collection
service at least two (2) times per week under this Agreement All multi -family
units are required to receive such service.
(b) QPYzvTC : CONTRACTOR -shall -provide
mechanical/containerized (dumpster) refuse collection service.at least two (2)
times per week under this Agreement.
CONTRACTOR will also provide the
(c)
mean�tO ecrease container size if requested by CUSTOMER based on decrthe
ease
of garbage volume as described slequarterly c• l� During fter servicrst e lev iear f may
contract, service level can be add
be adjusted no more than twice per year.
Pickups shall not be reduced by holidays, other
Year-
(d) CTOR shall be required to pick up refuse on all
than Christmas Day. CON"I`RA
holidays other than Christmas Day. ACONTRACTOR
and at l ast o (1) service
i k up shall residential
ru de
customers twice during Christmas we
after Christmas Day.
(e) C 0 - Container refuse customers shall accumulate
refuse at locations that are mutually greed for collectionon ythe by CO usNTRACTOR
tomer and
CONTRACTOR and which are convenient
Where mutual agreement is not reached, CITY shall coordinate with
CONTRACTOR and CUSTOMER to designate location.
cn
(l)
• First collection per day will not begin Prior to
8:00 A.M. or pursuant to Section 9-91 of the City Code
duly
via
attached as Exhibit "B" or such time as set by CITY Y
enacted ordinance.
�2) CONTRACTORshall provide service Monday through Saturday.
(3) CONTRACTOR shall not m 8 ay
Sunday, make any waste collections on a
(g) CONTRACTOR shall negotiate with
means to provide bulky waste pick-up. CUSTOMER the
5.3
request additional garbage collection service in conforrri�Ci�CSTOMER
established in Article 9. may
e with the rates
5.4
minimum of noise and disturbaCONTRACTOR shall make collections with a
CONTRACTOR and shall be Containers shall be handled carefully b
thlaroughly empUed and left where they were found
This work shall be done in a Sanitar
y manner. Any waste spilled b
receptacle found in p and removed by CO, 'TPACTOR_ Y the
properly e such an enclosure of any kind shall be replaced securely �a
enclosure. In the event of damn e
Customer's garbage receptacles CO g by CONTRACTOR of a
timely repair or replacernenc FACTOR shall be responsible for the
5,5
It will not be the responsibility
Waste resulting from clearing property for budding of CO
..contracted to do sa.rRACTOR to remove
g Purposes, unless specifically
Schedules and Routes
6.1 BQ
CONTRACTOR. CO : Collection routes shall be established by
routes to the city for r� approval, whichba it a ma
withheld. CityP designating the collection
amendments dnot increase the c splof Con approval
shall not be unreasonably
contemplated herein. annually so rang ,as such
CONTRACTOR to provide the services
6.2
that at times during the yea. the uanti CONTRACTOR acknowledges
fluctuation in the amount of gardenandand tr refuse is mate riall
be considered a justlfcaUon for the failure of CO This additions load wilano�
established schedules and routes. CONTRACTO sha.11Tb R to maintain the
removal of all refuse.
responsible for
6.3
CONTRACTOR reasonaIn tva event from regular r other disaster, CITY tna
as practical, after storm or di g schedules and routes. As soon
customer of the estimated time disaster
ed '�C� Rar soh advise C
be resumed. tiles and routes can
Where it is necessary for CONTRACTOR and CiTy t
equipment and o hire extra employees to clean city of debris acquire additional
from the storm or disaster, CO
ways for the FACTOR shall work with d refuse resulting
CONTRACTOR and rapid -cleanup of such CI debrisin
Possible
fuse.
7
CONTRACTOR shall receive extra compensation above agreement for additional
employees, overtime and costs 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.
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 tenarits have such
animals at large. CONTRACTOR shall immediately notify CITY in writing of
such condition and of its inability to make collection because of such condition.
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 ruay hereafter be utilized in the future by CTY 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
altemative disposal sites must be approved in writing by CITY 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 EA -US: 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 CTTY and calculated based on the
following applicable conversion factor.
The rate for multi -family service 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 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
Petition CITY any time after the first ,CONTRACTOR may
adjustment. CITY reserves the right to r v uarY date of this agreemen t for a rate
for any rate increase proposal including '� additional information as ba.cku
Finance De g an audit of applicable records by CiI-ys
partrnent or agent thereof, CO '
increases must be a Nl'RACTOR recognizes that all rate
considered on a timely e yC CITY.
'on Of the City Council and shall be
increase prior to approval by City Council and notices CONTRACTOR sores residents bill any rate
the initial rates described herein.
submission of the rater request e CO CITY shall have thin ) d including
additionalOf
� y CONTRACTOR in which to (30) days from
backup information. request in writing
(b) In the event that rates are increased or decreased landfilUincinerator/d.isposal site and/or by Bro increased
County governmental a enc Csed at the
fees based on formula as sPe i.fied in notify CONTRACTOR w th n�15 days to adjust
(c) The rates quoted are to apply to any area annexe
(d) CON d into the city.
TRACTOR shall work with CITY to resolve any unforeseen
problems that may arise during the term of the agreement, This
not limited to, providing extra crews and equipment
providing dumpsters in times of emergency, and as5istin includes, but is
disposal of any unusual amounts of garbage a pmsis in tinges of emergency,
g $ and trash accumulated byllection the various
and
departments of the city. Y arious
-8.Z �r�inci:pace obu CONTRACTOR wthin Broward rees to maintain, at
relating to the County, at -his `local office or
Performance of its obligationadugder h oks a d ements
CONTRACTOR agrees to maintain separa� records in a f
identify grass receipts from the City of Tamarac from rocs r
orrn sufficient to
municipalities, oPemdons. Audits, upon reasonable notice by the receipts
for other
performed more frequently than twice a year Burin City, shall not be
maY, upon reasonable notice, cause an audit to be performed b City
g normal working hours, CTI"y
by an independent party designated by CITY of that portion of y persdnnel or
books and records relating to its CONTRACTOR'S
an annual audit pursuant to this dorm on shnce all Ue�bur
Section 13.3 performance evaluation and ion s all hereof.g e�mene costs The cost uof
nder
work papers can be removed from the inspection locadonNo original notes or
8.3 �:
(a) CONTRACTOR shall be responsible for monthly Gusto
collection. CONTRACTOR'S telephone number shall be include
to customers and bills for service, customer billing and
d on all notices
(b) CITY shall provide CO
service,of
ddress,es, type of service, and freegu NTRnay OR e Uonist of all customers, billing
Prior to commencement of
(c)
discontinue a customer's Se vi for non -pa CONTRACTOR May temporarily
due m excess of sixty (60) days. a if sere ce has account is past
non-payment, the customer's deposit may be applied to thebeen
discontinued for
customer's account,
01
(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 (I%) 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) CljsToMER DFEOSITS: CONTRACTOR may require a deposit not to
exceed twice the fee for monthly service. if CONTRACTOR is providing a
mechanicalfbulk 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 are 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
CI"IY'S) and provide CITY wjth an accurate tonnage weight analysis.
ARILCLE
Compensation
9'T : CONTRACTOR shall be paid the followin
g sums for a..11 '
service that it provides within the CITY.
OFrlOr4 V.
MONTHLY SERVICE
Container
tz Size per. 2x per 3x
week week week r Ax par 5x por 6x per
week wbek week
2 cu, yds.
61.6y 118.12 174, y
3 cu. yds S 230,98 287.41 343.85
a Cu. yds. 76.91 148.27 219,73
291.19 362.65 434.11
5 Cu. yds. 97.82 179.31
265.80 352.29 438.78 525.26
6 Cu. ydg, 10e.45 209.97
311.46 413.00 514.52 • 616.03
cu. yds. 174.07 240.62
357.16 473.71 590.25 706..80
13
154,91 301.52
448.1 594.72 741.32 $87.93
(d)(1) OPTIONAL. SERVICES:
(a) Casters: (up to 4 cubic yards per container)
(b) A0110u1: S � Per month Maintenance 1
Pot month per Contains 101 shoe ainer
rollout, 1 time Per week easy
S t oo Pat month for each additional d per week
per month for long, difficult Grne
Per wook
per month'tor each additional day Per
(C) Unscheduled ors week
S special Pickups
�--� Per uncOrnpacted yard
{d Compacted rates (Ratio 4 to 1)
2 cubic yards pot Pickup
1 16 4 cubiyards Per pickup c
Yards per , p
1 7� 5 cubic pot Pickup
~_ a 6 Cubic yards per pickup
"r'11 Ratrs Arc. ]nrluslv�, of F�anr:hisc Fr
a RI C E 10
Units Guarantees
10.1 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.
Contractor's Local Office
111 : 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
e served
fromexecution of rvsice uponntthe CONTRACTent OR'S agenton �shall alwayl notices s consti constitute
from CITY. S p
service upon CONTRACTOR.
11.2 H4�S: 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 office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. 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.
ARMLEU
Contractor's Relation to City
12.1 2MEPE : The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -.gent 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 CONTRACTOR 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 Floridaity employee or o ordinances of thelcer under anCity of Tamar�apc vision of the
statutes of the state
12.2 NON -WA MYERS AND : 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 Cn`Y, including the right to make such changes and amendments to said rules
and regulations as said CITY may deem to be advisable and necessary to protect
the public health and general welfare of its inhabitants.
12.3 : CONTRACTOR shall perform every reasonable
act to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that CITY may be fully informed of the
quality of the service, CONTRACTOR shall arrange the handling of cormplaints
in substantially the following manner, all complaints, whether received in person,
by mail or by telephone, shall be reported in CONTRACTOR'S log approved by
Contract Administrator and furnished by CONTRACTOR. A copy 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, at the option of CITY, be determined
on the basis 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 DT.q(~RTMYM A -r7,-%
CONTRACTOR, in the execution, performance, or attempted performance of this
agreement, shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin, handicap or marital status.
CONTRACTOR'S employees or applicants for employment (as provided in Title
VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American'Disabilides Act of 1992), understand and agree -agreement conditioned upon the veracity of this Statement of �l�at�his�greis
Assurance. CONTRACTOR
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 theret
This Statement of Assurance shallbe ,interpreted to include Vietnam -Era Veterans
and Disabled Veterans within its protective range of applicability.
CONTRACTOR must be an Equal Opportunity Emp
,� inate on e loyer and have an afiurnative
action plan and not disc rimthbasis of handicapped status.
LU:
x2.s
(a) CONTRACTOR shall assign a qualified
Of its operations in CITY and shall'give the name or narnessto CITrsons Y; be in information
regarding experience shall also be furnished.
(b) CITY has right to require CONTRACTOR'S collection employees to we
clean uniforms or shirts bearing the company's name, ar
(c) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving.. pe
(d) CONTRACTOR shall provide operating and safety training for all
personnel.
13
12; CONTRACTOR, at its sole cost and expense, shall furnish and
maintain all equiproent as is considered necessary Perform the work in an
to p
acceptable wanner and at a satisfactory rate of progress. The equipment shall be
maintained in a first-class, safe and efficient working condition through the term
of the agreement and . any renewal period. CONTRACTOR shall hall maintain
regular preventative maintenance program for all equipment
records of preventative maintenance and other maintenance repairs to the
equiproent. 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 personalinjury
al
l othar persons who may be affectedhereby.
CONTRACTORited to. employees
performing such work a.
CONTRACTOR shall comply with all Federal, Stag, 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, the equipment or regulations h files and records shall hbeea available pony
or operation of the eq p
reasonable notice for review by CF Y.
12.7 YEIIICU All vehicles and equipment used by
CONTRACTOR for the collection of residential solid waste shall be clearly
marked with the CONTRACTOR'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.
• CONTRACTOR shall
12.8
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 shall be clearly
marked with the CONTRACTOR'S name and telephone number in letters not less
than two (2) inches�n ht h48) hot° T n tifiedOby CITY orpts custorynermaged
container within forty g
12.9 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 twerf from the City, Cits and licenses ounty, State or Federal Governme t-
uired for its collection of residential
solid waste services
Performance Evaluation and Monitoring
13.1 • CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis. The Evaluation Plan attached
`WAJ
hereto as Exhibit "F" contains detailed standards for such evaluations.
Performance Evaluation Plan may be revised unilaterallyb time
during the term of the Agreement or an Y CTiy at any titlJe
any such revision will be effective renewal upon peas reasonable notic' that
CONTRACTOR. CITY from time to time may unilaterally determine we to
hich
operations are to be evaluated during a particular period. CiTy, through an
independent third party Contractor of its own selection, shal] 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 costs a-nd CONTRACTORshalleimdbubse CI-Z-y for
connection with fhe award of this Agreement to CONTRACTOR,y ITS` in
the 30th day after the execution of this Agreeme, II TYalll submiitoto
to CONTRACTOR a detailed list of all such costs which are reimbursable ursu
c this provision. Such costs shall be certified as to their completeness an'd
accuracy by CITY and shall be deemed accurate unless the CO
notifies CITY in writing of i� disagreement to any such costs within thirty
days after receipt thereof. Reimbursement b CO y (30)
to this provision shall not exceed an aggregate yNTRACTOR to CITY pursuant
Noll 00 dollars ($10,000.00) and shall be iOm°unt of ten thousand and
days after receipt of invoice from the Cih,P y CONTRACTOR forty-five (45)
13.3 FilTriuP
13.4
CONTRACTOR shall annually reimburse CiTy
ancurred in monitoring and evaluating CONTRACTOR'S for all costs that are
Agreement. Such costs shall be submitted to RA Performance under this
�y (30) days after the compledn of each Agreement CONTRACTOR
in wrong within
certified as to the completeness and accuracybManager-and
Such costs shall be
deemed accurate unless CONTRACTOR otiifies Canin d shall be
disagreement with any such cost within thin Reimbursement b writing fits
Y CONTRACTOR to CITY thirty
days
provision hall 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
Y
agreement year.
CONTRACTOR shall fail to perforru any of the material provisions In the event
Agreement, CITY shall provide CONTRACTOR with written notice off this
compliance, stating all reasonable facts relating thereto. if the practice, event or
condition is not reformed, corrected or otherwise made to Complywith non
compliance, this Agreement within a period of time which is reasonable in relation
nature of the practice, event or condition of non-com lian the terrus
more than ten (10) days from the date of the notice of violation to the
compliance cannot be cured within ten (10) da s p �' but in no event
using best efforts and CO unless the non-
NTct of No shall notify CITY f those efforts theasonable e
same shall constitute an Act of Non -Compliance. For each Act of N
compliance, Cp e
FACTOR shall pay CITy the sum of up to Five Hundred
Dollars
($500.00) per day for each day that such Act of Non -tom li
This remedy is hereby expressly made cumulative of other r ce s aU
available to PART -MS at law or in equity for breach of this Agreement.
1S
13.5 time whenever
(a) CI'Ty reserves the right to terminate the Agreement at any
e service provided by COFACTOR fails to meet reasonable standards of the
il' fives written notice to CONTRACTOR of the deficiencies as
trade, after CITY gives may call
set forth in the written notice within ITyfourteen on�termination. CITY Ceiyt y
CONTRACTOR of such proceeds
from CITY p ed to CITY for the
the Surety and applythe to the cost of service charged
balance of the Agreement.
In the event of a strike by the employee or any other similar labor dispute
Agreement by CONTRACTOR substantially
which makes performance of this Ag righthave to call the
impossible. COFACTOR agree to a provide necessary service 01
Surety Bond and engage another P
CONTRACTOR shall furnish to -CITY a
13.6 Letter of Credit or Cash Bond guaranteeing the faithful
Performance Bond, hall be in the form acceptable to
performance of this Agreement The security sand in
the City Attorney and shall be for the and f t p00 }Dollaremes 'Ire he s eu h�
equal to Two Hundred and Fifty Thous
be furnished to CITY by COFACTOR within ten (10) dlimiLing ays of the daoteher
execution of this Agreement or any
security tshall indemnify CITY ITY against any
indernRity provisions herein, such Y
loss, expense, cost or damage resulting from any de,aRI .rne ON AttorneyOR
hereafter or any failure of performance by C
pprove not only the form of the security, but
hereby delegated the authority to a
also the financial capabilities of the Surety to perform. Upon completion of this
, CONTRA
Agreement in compliance with all term hBond on D pos treofwith CITY wiwitwOR
shall be entitled to the return of any Cas
(10) business days.
13.7
Due to Unusual Circumstances:
nsi
(a) le
It is expressly agreed that in no eventon accoun of any s oPPagebe liable or soor delay
to CONTRACTOR or to any other perso
in the work herein provided for, by injunction oofeanygdelay for any cause for
ught
against CITY or CONTRACTOR, or on
which CITY has no control.
(b) CONTRACTOR shall not be.resapoe rnentowhereysuch delays o� on
ance
of the terms and provisions of this g
performance are caused by events or circumstances disturbances, over
God-, provided,
has no control, including Hots, civil is
however, that in the event of any such of of CONTRACTORerformance or . CO sAulting from
CTOR
events or circumstances beyond the control
shall not be entitled to compensation for such period of time as a delay or non-
performance shall continue.
14.1
14.2
DefaWt of Agreement
been a default of the Agreeruent,�C ty Manama °Sh°� the
City Manager, there has
writing, specifying that which has been a default of Agreem�ne, _AIf, within Period of seven (7) days, CO notify NTRAt�OR in
Y ' NTRACTOR has not eliminated the conditions
considered to be a default to this Agreement, City
Council and CON7RACTOR� and a he Attorney shall notify City
(15) days of such notice. R, that dayaring shall be set for a date within fifteen
and C TY's representatives and shall ke a determination as to whhethe
has been a breach and shall direct what f Council shall hear FACTOR
hereinafter provided. Pending further action shall be r or not s
shall be g Resolution of the alleged breach, CONTRACTOR Crry,
governed by the provisions of Section 14.2,
DLEAJa•T: Default by CONTRACTOR shall occur if CONTRACTOR
Observe or perform a material p®rtion of its duties under the Agree - fails to
may terminate CONTRACTOR'S performance of services UnderthisAgreement
.CTTy
in the event of default by CONTRACTOR and the failure b CO
cure such default after receivingORo
deliver a written notice ei CONTRACTOR hereof. Should default occur., CONTRACTORto
Proposed date of termination.]`�'RACTOR describing CITY ma
day following receipt of thnotice. CITY, date
t be earlier than default and the
30)
Proposed date of termination to a later date, thin Beth (the
sole option, may extend the
termination, CONTRACTOR cures such default then prior
to the
used sed date of
shall be ineffective. If CONTRACTORP termination
Proposed date of 1ermination t
fans t0 cure such default prior to the
Performance under this Agreement as of such a��rminate CONTRACTOR'S
14.3 r�,
contained in the above notice Upon the effective date of termination as
CONTRACTOR shall, unless the notice directs in .2h Of this Agreement,
discontinue al] service in connection with this Agreement and shall cancel promptly all existing orders with
to this Agreement. simmediately
(10) days of receipt of notice of termination, CONTRACTORall Proceed to
CITY month] reports Within ten
Y Pits and revenues required under this Agreement o the dart of
termination.
Y
to
14'4 : In addition to, or in lieu of, the termination
Section 14.2 of this Agreement CTy shall take any or all othe Procedure Set above in
in the events of a default by CONTRACTOR; olio se actions
(a) If CITY determines, and notifies CONTRACTOR, that
Poses an immediate threat to the health or safe such default
interest, and if CONTRACTOR has not cured Buchan y Pelson within to property
(24) hours after receiving such notice, C Y P perty
cause to be CITY shall have the right to pew°or
Performed all or part of the work necessary
the event that CITY per or
such work, or cause so cure such default, Ln
CONTRACTOR shall bear the cost of such work, and if
reimburse CITY for the cost thereof. Of s shall have be Pam, shall
such cam necessary, shall
compensation due to CITY from any sum Otherwise due ato deduct any
CONTRACTOR
nd owing to
j:
77
Letter of
shall make or file a claim under n the
performance
bilitiesBthat.CITY has
(b) CITY damages, expens
Credit, or Cash Bond for any amag s default -
incurred as a result of CONTRA fiance b
CITY may exercise its rights under Article 13.�4 non -comp Y
CONTRACTOR in this Agreement.
aa-kt�tion
COISi' _ACTOR hereby assumes risk of lost and/or performance of any of ittsury tobligations
and/�personsarising directly or indirectly from the an hold its officers,
Agreement and further agrees to d allor
claims �li bilitiess,, demands, suits, costs m
under this p'g from and against any an from
agents, and employeesrises of litigation and attorney s fees
gherein
expenses, including, but not limited to
expenses
the foregoing, the indemnity provided
any such claims, loss or injur''claim against CITY arising out f t y� of thimenta went for
shall specifically include any
herein defined). This indemnification shall continue beyond
claims arising as a result of this Agreement
Insurance
CONTRACTOR shall not commence work under this Agreement
16 1 Agreement,
such
ble
until it has obtained all the insurance required CONTRACTOR shall be respons
.insurance has been approved by the City. for
for delivering to CITY the CertificTOR
ate of na em d� insured ontheCertificate
eertRA ate of
shall name the City of Tamarac as amust
Insurance. CONTRACTOR'S Certificate of insurannce p licieseshall be issued
included in this Agreement as Exhibit C
cam anies duly licensed to write business ines ce Guide Further CITY
by comp
an
and rated -A- or better by A. M. Best y
shall be named as a named insured on allinsan Pwith a sta ement by the
Compensation). Certificates of each policy,c together not be cancelled without
issuing company to the extent that said policy , and shall be delivered to
issthLuing (30) days prior written notice received by CITY
spe
CITY for review and approval. insurance coghtnto way lessen or ed herein constitutes
t
the minimum requirements and said requirementsAgreement.
the liability of CON-I`RA�T d maintain, niat its own cost and expense. any
CONTRACTOR shall procure and
add
itional kinds and amounts of insurance on o its work. k in its own
Judgment, may be
necessary for proper protection in the compleli
CONTRACTOR shall maintain, during the
ation Insurance on
16.2 term of this Agreement and any renewals, Worker's Compens
and sh
all of its employees to be en$in ounder
ln the event that any class of
all
require the same from any subsontract rsused. is
employees engaged in hazardous work pursuant
to his Agreement R shall
prtected under the Workers' Compensationrotection of
provide adequate employer's general liabilityinsurance for the p
employees not so protected.
Mo
16.3
CONTRACTOR shall procure and shall mai
CONTRACT and .any renewals public Liability main during
in an amount not less than $1 000,00 i combine and Pro g the terra of this
injury. death and prapert d d single perry Damage �suran
16A Y amage (except automobile). limit coverage for bodily
during
� term Of this In Aggreement and renewals, Procure and maintain,
coverage for bodily aunt not less than prehensive Automobile
y injury, death, and $1amag 00 combined single limit
16.5 property damage (automobile).
maintain, during the term of t CONTRACTOR sh
Liability Insurance Olis Agreement and an all procure and
Automobile and Bodirnl an amount not less than 1,000 000' Excess Umbrella
16.6 y InlurY�OPenY Damage coverages. coverage in excess of
Paragraphs shall provide ad The insurance required under the
claims which may c9uate protection for CO above
operations b y �1Se from operations under ONT eC OR against Y the insured orbnt, gheth damage
the insured. CITY shall be named a by directly or indirectly Nether such
insurance policies provided for herein. insured on employed by
16.7 all of CONTRACTOR'S
bonding companies with whom CONTRACT
bonds are written shall OR'S insur � The Insurance and
be represented b be licensed to do burin insurance and
rform
Florida. Y an agent or agents ess the State of Florida and ance
hall
Each such a eats having an the
1
may be had, and must havesaueh be duly qualified located in
and/or bond in upon whom service the of
g company to ne tY and power to act on process
claimant or negotiate, and settle with�h�f °f the rnsurance
CONTRACTOR Property owner who has been Bomaor
agents shall be Seinsurance CITY, have
any other
and/or bonding Company. damaged, may have against
forth on all such P Y The name of the a
CONTRACTOR shall keep bonds and certificates of ins gent or
times during the to P the required insurance in full for prance.
ma of this COACT, and any renew force and effect at all
CONTRACTOR shall renewals thereof.
furnished and a furnish to CITY i Certificate of
required incur approved by CI7`y, evidencing Insurance once coverage. At the r g CONTRACTOR has obtainedn a form
Provided for inspection Allequest of Clz-y the on . the
canceled by the insurer in lss Policies us. prove that the ginal Policy shall be
wTiuen notice of such chap Y may not be char
reviewed change or canccvon30) days after C changed or
amounts upward at CI i`y'S Ues Such insurance TY has received
�3' (30) days q t, and CONTRACTOR sa-mOuntshall revise su be
Ys after receipt of such request,
CompUance
*-LawLsLainnd 17.1 Regulations agreement shall
County, � actions brought hereunder d ��sh and consummated in B tY. Florida. all be brought exclusivelyward County,
in Broward
19
: Time shall be deemed to be of the essence
17.2 agreement whenever time limits are imposed herein for the
concerning this agr of the Parties hereto, or whenever the
performance of any obligations by any a of time. I
accrual of any rights to either of the Parties hereto depends on the passage
The failure of CrN, at any
17.3 CTOR of any provisions herein shall in
tune, to require performance by CONTRAall waiver
no way affect the rights of CITY thereafterherein bto e
byoce the r held o Nor
e a wai er of I
by CM of any broach of any provisions h provision itself.
any succeeding breach of such provisions or as a waiver of any P shall be
If any provision of this agreement
17.4BL the other provisions shall not be affected
declared illegal, void or unenforceable,
and shall remain in full force and effect.
Neither CONTRACTOR nor CITY shall be oabernrae t the
17'$ rfonn its duties if such failure is caused by a riot war, g
failure to pe
order or regulation, strike, act of God oroother or different contingency
beyond the reasonable control of COA
17.6 � :This agreement supee ent betweendes and laces the City of Tamara
to multi -family residential service in the ag
and Southern Sanitation, a division of Waste Managu anthe Inc., d tied date s this
1987, and effective immediately, which agreement,P
agreement shall be null and void and of no further force and effect.
'This agreement shall not be considered
17.7
fully executed or binding or effecLive on CM Council of the City of until the sarne shal.1 be approved in an open meeting as
and accepted by the City Co
required by law and executed shall
the CONTRACTOR CCONTRACTOR certified copy
approval and acceptance, C. After such
am' shall delirized to bind
of the Ordinance as evidence of the auof thi agrethority of the person ement and perform the
CITY to the terms, covenants and provisions
same in accordance herewith.
CONTRACTOR, its officers, agents,
17.8 1 with all laws, federal, state
employees, and contractors, shall abide by and comp y
and local. It is agreed and understood that,
the C� o� GONTRAalls the tCTOR, �s
CONTRACTOR to any such violations P
officers, agents, employees, or subcontractors,
then CONTRACTOR shall
immediately desist from and correct such violation
CITY shall have the right to conduct
17.9
periodic public meetings, its review an
an edwith sthermatenalrterms of the
ormance of
CONTRACTOR regarding P
franchise, any amendments desired bymeCO nts tNT the franchise nreflecting any
ere ce
new services, and potential amenfuture or
requirement changes based on advancemeTOR shall bes in la$ailable to attendtall
community e1��du on reasonable notice
ent of y CM for concerns associated with the
public $ P
Agreement.
I7.10
Federal agency, or : Should the State of Florid
Broward Countyany State or Federal Court, or any e' county, United States or
affects or is in nsistteen fw,th aaznac, or CO CONTRACTOR to act-ut a ro �e either
shall be authorized to determine whether a material ro wh'ch,
Documents is affected in ise
rely . Y provisions of the Franchise ]Documents, ts, CITy
Franchise D t,on to the rights and benefits conferredr bytheand CONTRACTOR
upon C.TI'y or the public. Upon such determination
FACTOR shall negotiate in Crry
franchise to such extent as may good faith to modify or amend the
P�Pases thereof in y be necessary to c , relation to the rights and benefits o�Tryt the full intent and
17.11 . or the public.
a monthly notarized statement CONTRACTOR shall
provide the CITY with
O�RACTOR, certifying the accuracy � authorized representative
CONTRACTOR shall provide the C Y of the monthly
of the
SummaryIT"Y µ,id, Y franchise fee Payment.
monthExhibit franchise, fee Payments annual recap of gross receipts
Paid within the preceding-twelve
va(1 a
I7,12 (I2)
any right accruing under this agreement shall assi
No
CONTRq� QR without the express gnment of this agreement or
CITY shall not be unreasonably withheld made in whole u hthe
written consent of CITY; such oncern of
assignee shall assume the liability of CO the event of an
�] 7.13
NTRAC7'pR y assignment, the
this agreement and : This agreement shall be effective u
commencement date � Pforth
of this a P e execution of
17.14
nh herein. agreement th shall begin on the
(other than the license and ' CONTRACTOR shall ob
uin
all taxes required by CITY permit granted by CONTRAall licenses and permits
CTOR) and promptly pay
Miscellaneous Provisions
I $.1
�: The Exhibits A B
PPendix II are incorporated herewith'bD� E' F, G, and liA
fully setf'orth. y reference for all Appendix I and
18.2
Purposes as though
herein are for convenience d r �r section in
the scope of an and are ot�intend d tolderncontained
Y Provision of this agreement.
1$.3r. lirn i t
understanding between t be
the This agreement constitutes the entire
modified, altered, changed,Parties relating to the subject matter agreement and
and approved by the Cityu amended in an anyrespectunless doe sshall
hin� ri
City Council of the City Tamarac, Florida. Ong
18.4
(voluntaryThis agreement shall
bankruptcy,or involuntary) or insolvency
terminate in the case of b
bankrutcction is � matron shall take effect on ACTOR. In the � of filed y and at the time that the
21
18.5 NOTICES: 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:
City Manager
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 722-5900
Y
City Attorney �� � "" ' T . Bay. Esq.
NI III I: nt Inc orida
City of Tamarac
7525 Northwest 88 Avenue 1831
3 Rhyn ue 3 073
Tamarac, Florida 33321-2401 Pau: aar
(305) 722-5900
_18 ti : 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
party.
18 7 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. '
Wju-
18.9
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 remaining 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 and that
the application would have executed this agreement, regardless of the
inducement to the execution of this
agreement, and that y
invalid or prescribed provision or application.
QoQp AM-. 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.
This Agreement shall be effective this the be the Commencement Date hereof. 'day Of 1993, which shall
ATTEST:
ATTEST:
By.
"� Carol A. Evans
City Clerk
CITY OF TAMA-UAC
APNaoVea AT M1:e7INc o!`
THE C -74 T RA C, FLORIDA
By:
Mayor
Date:
By:
John P. Kelly
City Manager
Date:
"^PProve,d a
By:
c s.
City A mx
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 LalLC 21C.JU11V W1Gu��+lu+uu, �,v... r r _
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that executed the same.
VvTrNESS my hand and official seal this t4-N day of . 19� •
NOTARY PUBLIC, State of 4-
N0?-kda at IZ``Mf E OF FLORIDA, a•�tXts,►.�
A Y PUBL �n�� �
MY COI,MISSION EXPIRES: JUNE 26, 19gj, r T k� P_f4 �
r0N0[D TNAV NOTARY PUMUC UNOCAWAITIAAJ
(Name of Notary Public: `�K�i,+., a 3
Print, Stamp, or Type as
Commissioned)
(X,) Personally known to rue, or
( ) Produced identification .type of I.D. Produced
) DID take an oath, or (X) DID NOT take an oath.
24
A TTE.ST•
M.
STATE OF FLOREDA
COUNTY OFu�:SS
CORPORA77ON:
/ lr
Contractor
I HEREBY CERTIFY that on this da
aforesaid and in the Count Y� befon~ me, an officer dulyauthorized
y aforesaid to take acknowledgements, Personallyin the Scare
to me known to be the Person(s) described in and who executed
forego;ng instrument and
.�� acknowledged before roe that the
executed the same,
SS my han an official seal
this ___aZ� day of , 19
NO ARY P C, State of
Fl rida at Large
SLY J. MASS
(Name of Now' Public: '••�.�.�� � �r2. t�-i °Fars
Pnn t, S gyp, or Type as "+r'r�°' r'ti", .
Commissioned)
( Personally }mown to me, or
( )Produced identification
TYPe of T.D. Produced
( )DID take an oath, or (0�6'R) NOT take an oath.
cc. J011n P. Kelly, City Manager
a
25
Public Data Query
T R 10235
EXHIBIT 2
H, U.S. Department
• of Labor
NEBO*
Bureau of Labor
'Q no Statistics
Bureau of Labor Statistics Data
Iwlwlw.bl's,gov® Search I A-Z Index
BLS Hom IPrograms &Surveys I Get Detailed Statistics I Glossary What's Nevr ! Find It! In DOL
Change Output Froml 1993 ii To: 2003
Options: I AMER I ...............
F include graphs NEW! More Formatting Options omfop.
Data extracted on: August 6, 2003 (4:07:41 PFi)
Consumer Price Index - All Urban Consumers
01
Series Id: CUURA320SAO
Not Seasonally Adjusted
Area: Miami -Fort: Lauderdale, FL
Item: All items
Base Period: 1982-84=100
Yeitr
Jan
Feb
Mar
Apr
I May
Jun
I Jui
Aug
Sep
Oct
Nov
I Dec
Annual
-?
w 993
137.8
139.2
139.0
139.0
139.2
139.81
139.1
13
1994
141.0
143.5
143.3
143.4
144.5
144.5
143.6
14
1995
147.3
148.7
148.6
148.3
148.91
150.2
148.9
14
1996
152.0
152.4
152.E
152.4
154.6
156.4
153.7
15
19971158.1
158.5
1157.9
1157.9
158.5
159. 5
159. 3
158.4
15
1 n 9 S
160.2
160.21
160.2
160.8
161.1
1161.1
160.5
16
9 9 9
161.4
161.71
161.3
1162.3
164.1
164.8
162.4
16
u, 0 0
165.9
166.91
168.0
168.4
1169.6
169.5
167.8
16
+p� ±
171.9
172.8
173.5
173.5
174.2
173.1
173.0
17
C .�'
175.0
175.0
174.4
175.2
177.0
1177.91175.5
17
003
180.3
180.6
179.4
18
Frequently Asked_ Questions I Freedom of Information Act I Customer Survey
Privacy & Security Statement I Linking to Our Site I Accessibility Information
U.S. Bureau of Labor Statistics Phone: (202) 691-5200
Postal Square Building Fax -on -demand: (202) 691-6325
2 Massachusetts Ave., NE Data questions: bisdata staff bls. ov
Washington, DC 20212-0001 Technical (web) questions: web aster bls. ov
Other comments: feed bac bIS. ov
IJune 2003 = 179.4
June 2002 = 174.4
179.4-174.4 = 5.0000
5.0000 / 174.4 = 0.028669
0.028669 X 100 = 2.8669 = 2.87
'�` 'ARD' TR 10235
COUNTY
Public Works Department - OFFICE OF INTEGRATED WASTE MANAGEMENT - EXHIBIT 3
IN . . University Drive, Suite 400.9 • Plantation, Florida 33324 • 954-765.4202 - FAX 954-577-2391
July 31, 2003
Resource Recovery Customer
Dear Customer:
The Resource Recovery Board, at its meeting of May 1, 2003, approved the revised
tipping fee for processable waste delivered to the two resource recovery plants,
effective October 1, 2003. The fee for processable waste will increase from $84.41 to
$85.93 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.
Sincerely,
Mary Beth Busutil
Director
c: Resource Recovery Board Executive Director
Technical Advisory Committee
ners
'osephus Eggeiletion. Jr. • Ben Graber - Sue Gunzburger - Kristin
n DJacobs - Ilene aUeberman - Lori Nancerd of County Parrishf John E. RodStrom. Jr, - Jim Scott - Diana Wasserman -Rubin
www.t)roward.org Printed on recycled paper.
\J, V`J J van v1 \ -) .
ylt� -e h6l
M AUG 14 AM 10= 11 V r, :� r lip re 46 e-,3
L r f ace IOPX ComMissia1q chd'
RECEIVE[ 102.35 � P WASTE MAIVAGE=
f�11Y OF TAMA.Fi�,t;
1 P r• 3831 NW 21st Avenue
iI T Y 1�.'i;—, l�.rlGEIR EXHIBIT 4 Pompano Beach, FL .3.3073
(954) 974-7500
August 11, 2003
Mr. Jeffery Miller
City Manager
City of Tamarac
7525 NW 881h Avenue
Tamarac, FL 33321-2401
Dear Mr. Miller:
Based on the terms of our service agreement to provide Condominium Multi -Family solid waste
collection service, please accept the following rate adjustments, which become effective October
1, 2003.
1. Tipping Fee_ Effective October 1, 2003 Broward County will implement a tipping fee
increase from $84.41 per ton to $85.93 per ton. The disposal (tipping) pass through
formula provides for a $0.10 per cubic yard increase for every $1.00 per ton increase
in tipping fee resulting in an adjustment of $0.152 per cubic yard collected.
2. C.P.I. Adjustment:_ The CPI for all Urban Consumers (Miami -Ft. Lauderdale)
increased from 174.4 to 179.4 for the year ended June 2003. This represents an
increase of 2.87%, which is below the 4% cap.
Please find enclosed the support for the C.P.T. increase, and a new rate matrix that reflects the
revised prices resulting from the aforementioned changes.
If you have any questions, please call me 954/917-0387.
Sincerely,
Anth asiulis
District Controller
CC: J. Casagrande
A. Spadaccia
M. Davis
B. Coester
Southern Sanitation
City of Tamarac - Condos
Effective October 1, 2003
DISPOSAL RATE/TN: Previous $ 84.41
CPI: June to June/All Urban Consumers in the Miami -Ft. Laud Area
Rate Components:
Commercial DumpiLeLService_
Loose Pickup:
Compaction: (Rate per Pickup)
2 yd
3 yd
4 yd
5 yd
6 yd
Casters per month
Short Rollouts (lx/week)
Long Rollouts (lx/week)
Specials per yard- Weekdays
1-Oct-02
Current
See Attached Matrix
New $ 85.93 Incr (Decr) $ 1.52
2.87% (Cap at 4.0%) FF 15.0%
1-Oct-03
CPI Disposal New Rate
2.87% Incr Rate Adj
$
86.69
$
2.49
$
1.22
$
90.40
$
3.71
$
130.04
$
3.73
$
1.82
$
135.59
$
5.55
$
173.38
$
4.97
$
2.43
$
180.78
$
7.40
$
216.73
$
6.21
$
3.04
$
225.98
$
9.25
$
260.07
$
7.46
$
3.65
$
271.18
$
11.11
$
$
n/a
$
$
$
12.62
$
0.36
n/a
$
12.98
$
0.36
$
19.51
$
0.56
n/a
$
20.07
$
0.56
$
10.72
$
0.31
n/a
$
11.03
$
0.31
8/18/03
Page 1 of 1
T8marac_Condos_20031.x1 s
SOUTHERN SANITATION
City of Tamarac - Condos
(All Pricing Includes Franchise Fees)
EXISTING RATE SCHEDULE
OLD RATE
EFFECTIVE: October 1, 2002 RATE: VVgriable PER YARD
$93.85 $181.71
$269.51
--------
$357.34
------------------------
$445.18
-------------- ...------
$533.02
------------------------
2 CUBIC
$0.00
YARD
----------------------------
W/O MAINT.
------------------ -- -- -- - -- -- - -
$93.85 $181,71
---.._......
$269.51
$357,34
$445.18
$533.02
3 CUBIC
$0.00
$122.75
$239.37
$355.97
$472.59
---
$589.21
------------------------
$705.82
-----------------------
YARD
-----------------------------------------------------------------------------------------------------------------------------
W/0 MAINT.
$122.75
$239.37
$355.97
$472.59
$589.21
$705.82
4 CUBIC
$0.00
$152.67
$298.06
$443.46
$588.87
------------------------
$734.25
-------------------------
$879.65
------------------------
YARD
----------------------------
W/O MAINT.
------------------------
$152.67
-------------------------
$298.06
------------------------
$443.46
$588.87
$734.25
$879.65
5 CUBIC
$0.00
$183.81
$359.72
$535.56
-----------------------------------------------------
$711.42
$887.33
$1,063.17
YARD
---------------------
W/O MAINT.
------ - - ------
$183.81
-------------------------
$359.72
-----------------------
$535.56
$711.42
$887.33
$1,063.17
6 CUBIC
$0.00
$211.60
$414.56
------------------------------
$617.52
----------------------------------------
$820.49
----------------------------
$1,023.44
$1,226.42
------------------------
YARD
---------------------------
W/0 MAINT.
------------------------
$211.60
$414.56
$617.52
$820.49
$1,023.44
$1,226.42
8 CUBIC
$0.00
$270.05
$530.61
$791.13
$1,051.65
-----------------------
$1,312.20
-------------------- ---
$1,572.72
-----------------------
YARD
---------- - - -- ----
W/O MAINT.
------ - - ------
$270.05
------ - -- - ------
1 $530.61
------ --- ---------
$791.13
$1,051.65
$1,312.20
$1,572.72
OPTIONAL COMMERQIAL SERVICES:
CASTERS: $ per month
ROLLOUTS: $
12.56
per month for short, easy rollout , 1x per week.
$
12.56
per month for each additional day per week.
$
19.41
per month for long, difficult rollout , 1x per week.
$
19.41
per month for each additional day per week.
SPECIALS: $
10.67
per cubic yard
COMPACTED RATES: $
42.88
PER PICKUP PER YARD
$
85.76
per pickup - 2 cu yds
$
128.64
per pickup - 3 cu yds
$
171.51
per pickup - 4 cu yds
$
214.40
per pickup - 5 cu yds
$
257.27
per pickup - 6 cu yds
ROLLOFF SERVICES:
OPEN TO COMPETITION
8/18/03 Tamarac_ Condos_20031.xis
SOUTHERN SANITATION
City of Tamarac - Condos
(All Pricing Includes Franchise Fees)
NEW RATE SCHEDULE
NEW RATES
EFFECTIVE: October 1, 2003 RATE: Variable PER YARD
e
$97.85
-
d.
$189.55
$281.19
-----------
$372.86
-------------...
$464,53
$556.21
2 CUBIC
$0.00
YARD
------------ - --- ----- ---
W/O MAINT.
---------------------
$97.85
-------------------------
$189.55
-------------
$281.19
---- ..............
$372.86
--------------
$464.53
-----------------------
$556.21
3 CUBIC
$0.00
$128.25
$250.18
$372.11
$494.04
$615.98
$737,91
YARD
... ......................
W/0 MAINT.
- - - - ----
$128.25
-------------------------
$250.18
-----------------------
$372.11
-----------------------
$494.04
------------------------
$615.98
-----------------------
$737.91
4 CUBIC
$0.00
$159.68
$311.87
$464.08
$616.30
$768.47
$920.68
YARD
.............. --------------------------------------------------------
W/O MAINT.
$159.68
--------
$311.87
-----------------------
$464.08
-----------------------
$616.30
-------------------------
$768.47
------------------ ---
$920.68
5 CUBIC
$0.00
$192.38
$376.61
$560.80
$744.99
.....................................................I.....---
$929.23
$1,113.41
---------
YARD
- -- -- -- - - ..
W/O MAINT.
...... ........................................
$192.38
$376.61
.......................
$560.80
$744.99
$929.23
$1,113.41
6 CUBIC
$0.00
$221.61
IffilgiM
$647.08
-.... ...........
$859.82
..-.--- --
$1,072.54
$1,285.29
-------_.........._.....
YARD
-- --- - ----- - --
W/O MAINT.
- -- -- -- ------
$221.61
$434.35
---
$647.08
-------------
$859.82
------------------------
$1,072.54
$1,285.29
8 CUBIC
$0.00
$283.06
$556.36
$829.62
$1,102.88
$1,376.16
$1,649.42
YARD
----------- ----------
W/O MAINT. 1
------....... -......__..
$283.06
_.. .._... - -
$556.36
- --------------
$829.62
------------------------
$1,102.88
--------- ..... .........................
$1,376.16 1
----------
$1,649,42
OPTIONAL COMMERCIAL SERVICES:
CASTERS: $ per month
ROLLOUTS: $
12.92
per month for short, easy rollout , Ix per week.
$
12.92
per month for each additional day per week.
$
19.97
per month for long, difficult rollout , Ix per week.
$
19.97
per month for each additional day per week.
SPECIALS: $
10.98
per cubic yard
COMPACTED RATES: $
44.73
PER PICKUP PER YARD
$
89.47
per pickup - 2 cu yds
$
134.19
per pickup - 3 cu yds
$
178.92
per pickup - 4 cu yds
$
223.65
per pickup - 5 cu yds
$
268.38
per pickup - 6 cu yds
ROLLOFF SERVICES: TEMPORARY ROLLOFF WORK OPEN TO COMPETITION
8/18/03 Tamarac Condos 20031-As