HomeMy WebLinkAboutCity of Tamarac Resolution (250)Temp. Reso. # 9876
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August 21, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-250
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING AN INCREASE IN
THE SINGLE-FAMILY SOLID WASTE COLLECTION
SERVICES MONTHLY RATE FROM $16.36 TO $16.56,
EFFECTIVE OCTOBER 1, 2002; AUTHORIZING AN
INCREASE IN THE PURCHASE PRICE OF CITY LOGO BAGS
FROM $1.29 TO $1.31, EFFECTIVE OCTOBER 1, 2002;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on September 28, 1994, the City Commission approved Ordinance No.
94-13 authorizing the execution of a franchise agreement between the City and All Service
Refuse Company for Residential Single -Family Waste Collection Services. This
agreement was subsequently executed and became effective on October 4, 1994; and
WHEREAS, on May 24, 1995, 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 St of each contract year; and
WHEREAS, on February 16, 2000, the City Commission executed an addendum
renewing the terms of the October 4, 1994 Agreement between the City and All Service
Refuse for Furnishing Single -Family Solid Waste Collection Services for an additional five
year period; and
WHEREAS, Article 3.5 and Article 8.1 of said Agreement provide for automatic rate
increases based upon changes in the Consumer Price Index and Broward County Disposal
Fee, a copy of said Agreement attached hereto as Exhibit 1; and
Temp. Reso. # 9876
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August 21, 2002
WHEREAS, the Bureau of Labor Statistics reported a 0.52 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 $83.78 to $84.41
per ton, effective October 1, 2002, notice of said increase attached hereto as Exhibit 3; and
WHEREAS, based upon the above said increases, All Service Refuse Company,
Inc. has requested increases in the single family solid waste collection fee from $16.36 to
$16.56 per month and an increase in City Logo Bags from $1.29 to $1.31 per bag, notice
and calculation of said increases attached hereto as Exhibit 4: and
WHEREAS, the Director of Public Works recommends approval of rate increases as
requested by All Service Refuse Company, Inc.; 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
increases for Single -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: An increase in the Single -Family Solid Waste Collection Services
monthly rate from $16.36 to $16.56 is HEREBY approved, effective October 1, 2002.
SECTION 3: An increase in the purchase price of City Logo Bags from $1.29 to
$1.31 is HEREBY approved, effective October 1, 2002.
u
Ll
Temp. Reso. # 9876
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August 21, 2002
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: 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 6: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 25th day of September, 2002.
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. K AF'T
CITY ATTORNEY
;JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
AYE
DIST 1:
V/M. PORTNER
AYE
DIST 2:
COMM. MISHKIN
AYE
DIST 3:
COMM. SULTANOF
AYE
DIST 4:
COMM. ROBERTS
AYE
EXHIBIT 1
Addendum to October 4, 1994 Agreement
Between the City of Tamarac
TI
All Service Refuse Company, Inc.
For Furnishing Single -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 All Service Refuse Company, Inc., a Florida corporation
with principal offices located at 751 NW 31 Avenue, Fort Lauderdale, Florida 33311
(hereinafter "CONTRACTOR") is made and entered into this day of
�../,motr/a1,-,j ,, 2000.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of single-family solid waste collection in the
City of Tamarac; and
WHEREAS, article 4.3 of the Agreement between CONTRACTOR and the CITY
provides for renewal for a five (5) year period of time; and
WHEREAS, the CITY agrees to take over the billing from the CONTRACTOR;
and
WHEREAS, the CONTRACTOR agrees to include two (2) additional bulk pickups
per year at no additional cost to residents in exchange for the billing;
WHEREAS, the CITY chooses to renew the term of the Agreement with
CONTRACTOR until March 31, 2005"
WHEREAS, article 9.1 of the Agreement between CONTRACTOR and the CITY
shall reflect current prices; and
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows:
1. Article 4, Term is amended to read as follows:
Article 4 Term
§4.1 Contract Terms
1
Term of this agreement began on June 1, 1993—and is extended by this
Agreement which shall expire March 31, 2005 1-9-9-9
2. Article 5 , Scope of Services. §5.9 Bulk Waste Collection is amended to read as
follows:
Article 5 Scope of services
§5.9 Bulk Waste Collection
CONTRACTOR shall collect bulk wastes on a ni,arteriv ha is six (6) times per
year c)n thp rnsirii-nrPcz firqt w-hpHided p 0 ck-un day. during the first week in the
months of February, Marc, June, August, and Nnvemher December and during
the fourth week in the months of April and October of each year unless an
alternative schedule is agreed to by CONTRACTOR and CITY. The removal of
these items shall be limited in size and weight to allow a two -man crew to lift
item, fit it in the hopper of vehicle and allowing for normal compaction. In the first
month of each year, CONTRACTOR shall provide CITY with an annual list of all
bulk waste pickup days and shall notify the public of the schedule of collection in
a local newspaper approved by CITY.
2. Article 6, Compensation, §6.3 Storm/Disaster is amended to read as follows:
Article 6 Schedules and Routes
§6.3 Storm/Disaster
1) Boom Truck
(with driver/operator)
Rear Loader Truck
(with driver plus 2 helpers)
Roll -Off Truck
(with driver/operator)
$85 00 $93.00/per hour
$110 00 $120.00/per hour
$1nn Cin $110.00/per hour
3. Article 8, Rates, Records , Billing, §8.3 Billing, §8.4 Billing Schedule, and §8.5
Vacation Credit are amended to read as follows:
Article 8 Rates, Records, Billin
(c) NON-PAYMENT by CUSTOMER: CITY agrees to use reasonable efforts to
collect accounts on a timely basis, however, CITY shall not be held liable for any
uncollected or delinquent accounts. CITY agrees to permit CONTRACTOR or its
authorized representative to audit or inspect CITY's records relative to the
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§8.4 Billing Schedule:
.:
(a) Where the billing is now done by the G-QCITY the CITY shall
pav the CONTRACTOR on a monthly basis, b the 15t of the month for
amounts collected by the end of the previous calendar month. CITY shall deduct
its franchise fees 15% from collected amounts and remit balance to
CONTRACTOR
r,h;qll pr^,Arlp CITY with
a . CONTRACTOR shall remit to CITY
on a auarterly basis 15% of the gross proceeds from sale of CITY apprgypA ba s
to vendors as described in §8.3(a).
Gent m
(44--14 i t-9f-a o and adriram
(2) ThTha s4-aGGG fr t,
Vacation Credit:
GgNT-RACTQR-side a A one (1) month vacation credit shall be rovided
to any unit that is vacant for one (1) month or longer. Such credit shall be
applied retroactively. Customer shall notify CITY in writing and
provide a copy of utility bill showinq a considerable decrease in water
consumotion durina the vacation credit period ire-adva to
Ell
receive vacation credit. Also customer shall be cumnt with a ments to be
eligible for vacation credit. Y
4. Article 9, Compensation, §9.1(a) Single -Family Residential service is amended to
read as follows:
Article 9 Compensation
§9.1 Single Family ResidentialService:
(a) $44-98 $14.74 per month, per single family unit, and $-90 $1.15 per bag for
additional garbage exceeding 2 containers placed at curbside pick up.
5. The October 4, 1994, Agreement between CITY and CONTRACTOR and all
subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums 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.
6. The effective date of this Addendum to the Agreement shall be the 1st day
of April , 2000.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the October 4, 1994, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and All Service Refuse
Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to
execute same.
61
ATTEST:
Carol Gold, CIVIC E
City Clerk
Date: -'�2 - / 6 -6->.
prove as to f and leg
fciern v: l 74
MitchAWS. Kraft,
City Attorney
CITY OF TAMARAC
By:
Joe Schreiber,
Mayor
ATE:
IKo
re L. Miller
City Manager
Date: -:�-/C. -
[01
ATTEST:
Corp ate Secretary
,L�vl- J -4. 3412-6 L±:� —
Type narie of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
CONTRACTOR
All Service Refuse Company, Inc.
A Florida Corporation
By:
��-
Harold Carter, Vice -Presiders
Date:
Before me personally appeared0-a4f" to me well known and
known to me to be the person described in and who executed the foregoing instrument,
and acknowledged to and before me that he/she executed said instrument for the
purposes therein expressed.
WITNESS my hand and official seal, this 3't_d day of 07000
C5N,,�t—aridry Publ , State of
a At Large
ID
Print or Type Name of Notary
My Commission Expires: oz- /q oZD 03
Personally known ( ) t NOT:
Produced Identification
Did/Did Not take an oath (
Addendum to October 4 1994 Agreement
Between the City of Tamarac
and
All Service Refuse Company, Inc.
For Furnishing Sinalp Family -
Solid Waste Collection Services
This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY")
and All Service Refuse Company, Inc. (hereinafter "CONTRACTOR") is made and entered
into this 4 day of , 1995.
W I T N E S S E T H
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of single family solid waste collection services
in the City of Tamarac; and
WHEREAS, the Agreement between All Service and the City provides for a
Consumer Price Index (CPI) adjustment to be effective on January 1 of each year; and
WHEREAS, the Agreement also provides for a tipping fee to pass through to the
consumer when the per ton cost of disposal changes; and
WHEREAS, due to the Interlocal Agreement between the City and the County for
use of the Resource Recovery System, the disposal cost increases on October 1 of each
year; and
WHEREAS, residents of the City receive a bill from All Service four (4) times a year
with every other bill having a rate increase; and
WHEREAS, All Service Refuse has expressed a strong desire to have a long term
mutually rewarding relationship with the City; and
WHEREAS, raising the rate to the customer every other billing cycle is not an
effective way for All Service to accomplish its goal; and
WHEREAS, All Service has requested an amendment to the Agreement that would
have the effect of the customer having a rate increase only once each year on October 1.
May 5, 1995
1
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows:
1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment
is amended to read as follows:
Article 3 Fees and Revenues
§3.5 Consumer Price Index (CPI) Adjustment
If this agreement is not terminated as provided herein, on 4antmty4
October 1 of each subsequent year hereof, the rate shall be adjusted
by the same percentage increase or decrease, if any in the Miami
Urban Consumer Price Index (CPI) for the twelve (12) month period
ending the previous SeptembeF June 30. The Consumer Price
Index Adjustment, not to exceed four percent (4%). of the rate to be
effective January 1. 1995 shall be postponed and shall become
effective on October 1. 1995. In addition to the foregoing adjustment.
a Consumer Price Index Adjustment of the rate for the 9 month
period from October 1. 1994 through June 30, 1995, not to exceed
4% for this adjustment, shall also become effective .on October 1.
1995. On each subsequent October 1 of this agreement. the rate
shall be adjusted by the same percentage increase or decrease, if
any, in the Miami Urban Consumer Price Index (CPI) for the twelve
(12) month period ending the previous June 30. Except_for,the�o
(2) adiustments set forth hereinabove. to take place_on.Qctober1.
19.95 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 September 1
and September 30 subsequent to the twelve (12) month period, to
petition CITY by filing a petition 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 Veit 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 Veit Commission and shall be final and binding.
2. The October 4, 1994 Agreement between CITY and CONTRACTOR and all
May 5, 1995 2
subsequent amendments and addendums thereto not subject to this or other duly executed
amendments and addendums 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 the Agreement or waive any rights
contained therein.
3. Effective date of this Agreement shall be date of execution by the last party
to execute.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, Norman Abramowitz, and All Service Refuse signing by and through Harold
Carter, duly authorized to execute same.
ATTEST:
Carol Evans, City Clerk
Date:
CITY OF TANLARA
APPROVED AT MEETING OF !6�1�2-S-
May 5, 1995 3
CITY OF TAMARAC
By:
rman Abramowitz, Mayor
Dater �l-ZZ!57-
( (A
Robert S. Noe, Jr., City Manager
Date:_ f-1- �2 4
a
as to form acid legal
y:
Mitchell S. Kraft, City Attorney
i
ATT2/L-
Corpo-ratb/
Secretary
Peter W. Wright
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY
CONTRACTOR:
e President
Date: 14-fe— -E
Before me personally appeared Harold carter , to me well known and known
to me to be the person described in and who executed the foregoing instrument, and
acknowledged to and before me that he/she executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this 29 day of June , 1995,
/? ^ , ,
otary Public, State of
Florida At Large
Joanne T. Elliott
Print or Type Name of Notary
My Commission Expires:
,,
JOMNE T. ELLIOTT
, MY COMMISSION R CC XM4
EXPIRES: May 21,19%
Personally known X ' W*dTlwuNOWYPW*UndW~
Produced Identification
Did/Did Not take an oath. X
May 5, 1995 4
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
MD
ALL SERVICE REFUSE COMPANY INC.
FOR
FURNISHING SINGLE --FAMILY SOLID WASTE COLLECTION SERVICES
VC-
q- `L'fJ
This is an Agreement dated the _.�day of ^• , 1994,
between THE CITY OF TAMARAC, a political subdivision of Broward
County, Florida, its successors and assigns, (hereinafter referred
to as "CITY"), through its City Council, and ALL SERVICE REFUSE
COMPANY, INC., its successors and assigns, (hereinafter referred to
as "CONTRACTOR").
W I T N E S S E T H
In consideration of the mutual terms and conditions,
promises, covenants and payments hereinafter set forth, CITY and
CONTRACTOR hereby agree as follows:
ARTICLE 1
Definitions
1.1 BIOHAZARDOUS WASTE: Shall have the meaning set
forth in Section 403.703 Florida Statutes, as
amended from time to time.
1.2 BAGS: Plastic bags sold pursuant to this Agreement
designed to store refuse with sufficient wall
strength to maintain physical integrity when lifted
by the top and as approved by both the CONTRACTOR
and the CITY.
Generic Type: Industry standard 33 gallon garbage
bags that are manufactured and sold for
residential use by the average consumer.
Logo Type: Bags shall be imprinted "City of
Tamarac" and shall display the City logo with.the
following copyright information: "(01990 City Of
Tamarac". Bags will be 30 gallon bags, thickness
of not less than 1.7 mills, total weight of a bag
shall not exceed 40 pounds. CONTRACTOR shall
provide CITY with several sample bags for testing
prior to the distribution of the bags.
1.3 BULK WASTE: Stoves, refrigerators, water tanks,
washing machines, furniture and other waste
material other than construction debris, weights or
volumes 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.
1.4 BUNDLE: A group of cut or broken branches or
boards that are tied together with twine or cord.
Bundled items shall not exceed four (4) inches in
diameter, or four (4) feet in length. The total
weight of a bundle shall not exceed forty (40)
pounds.
1.5 CITY: Shall include the city Council of the City
of Tamarac, Florida.
1.6 CONDOMINIUM: 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.
1.7 CONTAINER: Shall include any garbage can, generic
bag, bundle or Logo bag that shall not exceed 40
pounds in weight. Cardboard boxes are not
acceptable containers.
1.8 CONTRACT ADMINISTRATOR. Shall be City Manager
and/or his designee.
1.9 CUSTOMER: Shall include any single-family or
residential service unit and the owner thereof
within the corporate limits of the City of Tamarac.
1.10 CURBSIDE: The designated physical location for the
placement of refuse accumulations intended for
residential service collection and disposal. This
designated location shall be within two (2) feet or
as near as possible to the traveled street normally
serviced by refuse collection vehicles. Curbside
service shall not apply to condominiums or other
multi -family buildings that use garbage dumpsters.
11
1.11 DEAD ANIMALS: Dead animals shall mean any four
legged, two legged fur, fin, feather livestock,
household pet or otherwise.
• 1.12 DISPOSAL SITE: A site or facility legally
empowered to accept solid waste for treatment or
disposal as approved by the City of Tamarac,
N
Broward County, and the State of Florida governing
agencies.
1.13 GARBAGE: All waste and accumulation of animal,
fruit or vegetable matter that attends, or results
from the preparation, use, handling, cooking,
serving or storage of meats, fish, fowl, fruit,
and/or vegetables or any matter of any nature
whatsoever which is subject to decay and the
generation of noxious or offensive gases or odors,
or which, during or after decay, may serve as
breeding or feeding material for flies or other
germ -carrying insects; and any bottles, cans or
containers, utilized in normal household use, which
may retain water and serve as breeding places for
mosquitoes and other insects.
1.14 GARBAGE CAN: A metal or plastic container that has
a closed bottom, handles for lifting and a lid.
1.15 GARDEN AND LAWN TRASH: All accumulations of grass,
leaves shrubbery, vines, tree branches and
trimmings which are normally associated with the
care and maintenance of landscaping.
1.16 GROSS RECEIPTS: Shall include all revenues
received by CONTRACTOR pursuant to this Agreement
which shall include monthly compensation pursuant
to Article 9.1(a) and all special services.
(except for side door service).
1.17 HAZARDOUS WASTE: Any byproducts generated by
industry, commercial activity or even individual
households that are potentially dangerous to human
health or the environment. These wastes can take
various forms -- solids, liquids, or gases and have
at least one of the following characteristics;
Ignitability - they may catch fire; Corrosivity -
they can damage other materials (including human
tissue) on contact; Reactivity - they react
violently with water and may catch fire or explode;
Toxicity - they may cause illness or other health
problems if handled incorrectly.
1.1.8 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.
1.19 PERFORMANCE BONDS: Shall mean the form of security
approved by the city and furnished by the
CONTRACTOR as a guarantee that the CONTRACTOR will
K7
execute the work in accordance with the terms of
the agreement and will pay lawful claims.
1.20 PRODUCER'- An occupant of a residential unit who
generates refuse.
1.21 PROPER VEHICLES• Any vehicle which is not in
violation of any provision of this Agreement is a
proper vehicle.
1.22 REFUSE SOLID WASTE: Garbage, rubbish, bulky waste,
household and other discarded matter within the
corporate limits of the city.
1.23 REFUSE REGULAT ONS: All administrative rules,
regulations and procedures that may be established
for the purpose of carrying out or making effective
the provisions of this agreement.
1.24 RESIDENCE: A detached single-family structure
designed or intended for occupancy by one (1)
person or by one (1) family deemed a "residence".
1.25 RESIDENTIAL SERVICE SINGLE FAMILY All refuse
curbside collections service provided to houses,
duplexes, triplexes, and residential dwelling units
defined on the Broward County tax rolls as single-
family within the service area.
1.26 RUBBISH: All waste wood, wood products, tree
trimmings, grass cuttings, dead plants, weeds,
leaves, dead trees or branches thereof, chips,
shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded
mattresses, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp
and other products such as are used for packaging
or wrapping, crockery and glass, ashes, cinders,
floor sweepings, glass, mineral or metallic
substances, and any and all other waste materials
not included in the definition of Bulky Waste,
Construction Debris, Garbage, Hazardous Waste, and
Special Waste.
1.27 SCOPE of WORK_:'. The work under this Agreement shall
consist of the supervision, materials, equipment,
labor and all other items necessary to complete
said work.
1.28 SERVICE AREA: City limits of City of Tamarac.
51
1
1.29 SPECIAL SERVICE: Any collection or disposal
service provided which exceeds the uniform level of
service provided under residential service systems,
per the agreement, and for which a special service
charge is applied.
1.30 SPECIAL WASTE: All waste which by the nature of
its size, weight or chemical content requires
special handling in either its collection or
disposal. This includes but is not limited to tree
trimmings and branches exceeding the size or weight
defined in Garden and Lawn Trash, or Yard Trash,
hazardous materials, appliances, bulky household
items, large furniture items, construction
materials, abandoned vehicles or vehicle parts
including tires, body parts, dead animals,
flammable, explosives, radioactive materials or
liquid waste, or any items that may not be lawfully
disposed of at the disposal utilized by the
CONTRACTOR.
1.31 SURETY: Shall mean the party who is bonded with
and for the CONTRACTOR to insure the payment of all
lawful debts pertaining to and for the acceptable
performances of the agreement.
1.32 UNIT: Shall mean the place of residence of a
customer.
1.33 VENDOR: Any major CITY/CONTRACTOR approved retail
establishment that CONTRACTOR distributes bags.
1.34 WHITE GOODS AND FURNITURE: Discarded
refrigerators, ranges, washers, water heaters and
other similar domestic appliances.
1.35 YARD TRASH _ REGULAR: All vegetative matters
resulting from yard and landscaping maintenance and
shall include materials such as tree and shrub
trimmings, grass clippings, palm fronds or small
tree branches which shall not exceed four (4) feet
in length and four (4) inches in diameter and not
over 40 pounds in weight. Such trash shall be tied
in bundles with twine or placed in City approved
container and, placed curbside for regular
collection.
ARTICLE 2
Grant of Franchise
ce hereundr and
In consideration thefthe c venantsTand conditions osetnforth herein, and
compliance
P
in th-e ordinances and regulations of the CITY governing the
collection of residential solid waste, the CITY hereby grants to
the_CONTRACTOR the non-exclusive right pursuant to Article 7.19 of
the City's Charter to use the public streets, alleys and
thoroughfares within the corporate limits of the CITY for the
purpose of engaging in the business of collection of solid waste
for residential customers located within the corporate limited of
the CITY pursuant to the terms of this Agreement, but not
otherwise.
The CITY shall retain vested title to all waste materials covered
by this franchise Agreement and generated within the corporate
limits of the CITY until same are collected by CONTRACTOR; at which
time, title shall pass to CONTRACTOR.
The CITY reserves the right to establish a separate recycling
collection program outside of this Agreement for newspapers,
aluminum, glass, plastic or other materials. However, any
reduction in,the rates in this Agreement due to a reduction in the
volume of solid waste collected as a result of a bona --fide
recycling program for recyclable materials shall be the subject of
negotiations between the parties. Legal procedures shall be
invoked in a Broward County Court of proper jurisdiction pursuant
to Article 17 in the event that the parties cannot agree to a
reduction.
The CITY shall continued to provide for and promote a curbside
recycling program of at least the items in its current program
(newspaper (ONP), aluminum (UBC) and clear glass (FLINT).
ARTICLE 3
Fees/Revenues
3.1 STREET USE FEES: In consideration of the grant
contained in, Article II hereof, the CONTRACTOR
hereby agrees to pay CITY as compensation for the
right to use its streets, alleys and thoroughfares
an amount ("Street User Fee") equal to Fifteen
percent (15%) of its Gross Receipts collected from
residential solid waste customers within the
corporate limits of Tamarac. Payments shall be due
no later than thirty (30) days after the end of the
quarter on revenue received during the quarter.
CONTRACTOR shall provide to CITY notarized
quarterly and annual statements signed by an
authorized representative of CONTRACTOR.
Statements should accompany payments and identify
in detail the categories and amounts of Gross
Receipts received by CONTRACTOR, based on the
records of CONTRACTOR during the month for which
payment is made related to CONTRACTOR'S performance
11
under this Agreement. If CONTRACTOR fails or
refuses to make such reports and payments, CITY may
maintain an action against CONTRACTOR to recover
the same and all expenses of collecting same,
including reasonable attorney fee. If, as a result
of an annual audit pursuant to 8.2; there is a
discrepancy what should have been paid to CITY for
franchise fees versus what was paid to CITY
pursuant to the Agreement, CONTRACTOR shall be
responsible for 100% of the difference due and
owing to CITY. The delinquency provisions of
Section 3.3 of this Article shall apply to any such
difference due and owing the CITY. Such difference
shall be due no later than thirty (30) days after
delivery of notice to CONTRACTOR of said
difference.
If as a result of an annual audit pursuant to
Article 8.2, an overpayment was made by CONTRACTOR,
CITY shall be responsible for 100% of the
difference due and owing CONTRACTOR. Such
difference shall be due no later than thirty (30)
days after the delivery of notice.
It is further understood and agreed that the
consideration paid pursuant to this Agreement shall
not be added on as a separate item on the
resident's garbage collection bills, but rather
shall be considered as an operations expense.
3.2 FUTURE REVENUE: In the event CONTRACTOR
establishes any other methods of collection and
disposal of solid waste, CITY shall establish, at
that time, a percentage of gross receipts from such
collection method to be, included in the calculation
of the amounts due.
3.3 DELINQUENCY PROVISION: In the event CONTRACTOR
fails to make the payment for this franchise on or
before the date due as hereinabove provided,
CONTRACTOR shall pay an interest charge for each
day, or a fraction thereof, that payment is late.
An Interest Factor shall be based on the prime rate
for the Chase Manhattan Bank, N.A. plus one percent
(1%). Calculation will be illustrated as follows:
Prime rate + 1%/365 days -Daily Interest Rate,
DIRXDays Payment Late'Interest Charge (DIR)
NOTE: Regardless of the foregoing, the interest
rate referred to in this section will comply with
all applicable state laws.
7
3.4 TIPPING FE r. CREDIT: One component in the
computation of single-family residential collection
fees under this Agreement between CONTRACTOR and
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
CONTRACTOR that
new technology is utilized by
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 B.
3.5 CONSUMER PRICE INDEX CPI ADJUSTMENT: If this
agreement is not terminated as provided herein, on
January 1 of each subsequent year hereof, the rate
shall be adjusted by the same percentage increase
or decrease, if any in the Miami Urban Consumer
Price Index (CPI) for the twelve (12) month period
ending the previous September 30. 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
December 1 and December 31 subsequent to the twelve
(12) month period, to petition CITY by filing a
petition 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 Council 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 Council and shall be
final and binding.
3.6 AVOIDED COST OF DISPOSAL: CONTRACTOR shall provide
to CITY an avoided cost of disposal fee based on
the increase in recycling materials and a reduction
of generated waste curbside- CONTRACTOR shall
remit to CITY bn a quarterly basis' (by the end of
the first month following each quarter) an avoided
cost of disposal based on the recycling
nnage
over twenty (20) pounds per unit per month
calculated as follows:
Monthly overage of pounds per unit of
recyclables minus (-) 20 pounds times (x)
P-6
I
number of units times (x) 3 months divided (Y)
by two thousand (2000) pounds times (x) the
tipping fee equals (=) the quarterly avoidance
fee. The following example is for
illustrative purposes only:
(26-20) x 13,836 x 3 - 2000 x $75.87 =
$9,447.64
ARTICLE 4
Term
4.1 CONTRACT TERMS: The term of this Agreement
Agreement
on June 1, 1993 and is extended by
which shall expire December 31, 1999.
4.2 OPTION (EXTENSION): CITY and CONTRACTOR shall have
the option to extend the term of this Agreement on
a month -to -month basis on thirty (30) days written
notice.
4.3 RENEWAL TERM: This Agreement may be renewable for
five (5) year periods by CITY. The decision to
renew this Agreement for an additional term shall
be made by the CITY no later than the end of the
current term. Notice shall be provided by CITY to
CONTRACTOR pursuant to Article 17.17. CITY shall
not have any obligation to exercise any additional
term.
ART :-CLE 5
Scope of Services
5.1 GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS:
CONTRACTOR hereby agrees to collect all solid waste
generated by residential customers within the
corporate limits of the CITY, except as
specifically excluded in this Agreement.
5.2 t FRE IIENCY of WASTE COLLECTION: Residential
Service shall be provided regular refuse collection
service at least two (2) times per week under this
Agreement. All units are required to receive such
service.
1 HOLIDAY SCHEDULE: Pickups Chr shall
no be
reduced by holidays, other
than y.
CONTRACTOR shall be required to pick up I�efauspecon
all holidays other than Christmas Day.
up day falls on Christmas Day, CONTRACTOR shall be
required to collect garbage the next regular
collection day. Residents will have the option to
a
place an unlimited quantity of garbage curbside on
their next regularly scheduled pickup day after
Christmas Day.
(b) (2) CONTRACTOR agrees to pick up all Christmas
trees placed curbside during the first week of
January following Christmas day at no additional
charge to the resident.
(c) QUANTITY: CONTRACTOR shall be required to pick
up garbage and -rubbish as follows: A resident may
place two (2) cans or two (2) generic bags or two
(2) bundles or any combination of cans, bags or
bundles not to exceed two (2) in number on any pick
up day. If garbage is in excess of two (2)
containers or bundles (on any pick up day) the
additional garbage shall be placed in city Logo
bags for collection.
(c)(1) CONTRACTOR shall provide service
Monday through Saturday, except during
specified holidays, Christmas Day.
(c)(2) CONTRACTOR shall only madewaste
collections on a Sunday during me
Of
emergency conditions.
(c)(3) Bul Waste - bulky and heavy items
shall be placed at the appropriate refuse
location as specified in Section 5.4 of this
Agreement.
(c)(4) Cardboard -- Cardboard is presently
commingled with the collection of garbage. In
the event that any State or local law or rule
requires separate collection or recycling of
cardboard effective on January 1, 1993 or any
time thereafter, CITY and CONTRACTOR
acknowledge and agree that cardboard will then
be removed from this agreement and be treated
separately under recycling and contracted
through the CITY'S recyclingat the hauler CITY'
contracted by RFP process
option.
5.3 COLLECTION RE UIREMENTS:
(a) Customer may use 33 gallon can(s) or smaller.
Customer may use generic bags in place of cans, (33
gallon size or smaller)
(b) Customer will tie branches in bundles -
We
A.
(c) Total weight of each can, bag, or bundle shall
not exceed 40 pounds-
(d) Twice a week service includes two cans or two
generic bags or two tied bundles or any combination
of cans, bags, or bundles not to exceed two in
number on any pick up day.
(e) If garbage is in excess of two containers on
any pick up day, the additional garbage shall be
placed in city Logo bags for collection.
( f ) All bags put out for collection must be tied
at the top securely.
5.4 HOURS OF COLLECTION: Collection shall begin no
earlier than 7:00 a.m. and shall cease no later
than 7:00 p.m. In the case of an emergency,
collection may be permitted at other times,
provided CONTRACTOR has received prior approval
from CITY or authorized representative, to be later
evidenced by a written memorandum confirming the
approval.
5.5 POINT OF PICEUP• All persons receiving residential
service pursuant to this Agreement shall place,
approved containers and other items curbside Approved
defined in Article 1.10 for collection.
containers shall be secured from disturbance by
animals and placed as closely to the roadway
without interfering with or endangering the
movement of vehicles or pedestrians. When
construction work is being performed in the right-
of-way, approved containers shall be placed
forthe
l d as
close as possible to an access point
collection vehicles.
5.6 HANDICAPPED SERVICE: Where there is no person
physically capable of moving the approved container
to the curb or alley for curb or alley service,
CONTRACTOR shall provide back -or -side service
within one hundred and twenty (120) feet from
roadway. There shall be no additional charge for
back -or -side door service for residences where
there is no person physically capable of moving the
approved container to the curb or alley for curb or
alley service. Residents shall be required to
write a letter and provide proof of medical
disability to the City Manager of the City
Of
Tamarac establishing such disability of household
members.
11
5.7 SPECIAL SERVICES COLLECTION: Services such as side -
door collection, below ground collection, removal
of any refuse other than residential waste as
defined herein, or additional pickups shall be
provided for a separate fee upon terms agreed to be
CONTRACTOR and customer. Requests for special
pickup services. Charges for special services shall
not be unreasonable or excessive.
5.8 WASTE COLLECTION: CONTRACTOR shall make collections
with a minimum of noise and disturbance.
Containers shall be handled carefully by CONTRACTOR
and shall be disposed in sanitary manner. any
waste spilled by the CONTRACTOR shall be picked up
and removed by CONTRACTOR.
5.9 BULK WASTE COLLECTION: CONTRACTOR shall collect bulk
wastes on a quarterly basis on the residences first
scheduled pick-up day in the months of February,
May, August and November of each year unless an
alternative schedule is agreed to by CONTRACTOR and
CITY. The removal of these items shall be limited
in size and weight to allow a two man crew to lift
item, fit it is the hopper of vehicle and allowing
for normal compaction. In the first month of each
year, CONTRACTOR shall provide CITY with an annual
list of all bulk waste pickup days and shall notify
the public of the schedule of collection in a local
newspaper approved by CITY.
5.10 YARD TRASH: CONTRACTOR shall collect household
trash clippings and branches properly containerized
or toed in bundles not exceeding four (4) feet in
length, four (4) inches in diameter, and not over
40 pounds, any other domestic discards which may be
reasonably hauled by pick up crews, on the same
days as garbage and placed in appropriate CITY
approved container. Yard trash is presently
commingled with the collection of garbage. In the
event Florida Statutes required separate collection
and disposal of yard trash, effective on January 1,
1993 or any time thereafter, CITY and CONTRACTOR
acknowledge and agree to renegotiate any new or
established or additional rates.
5.11 VACANT LOTS: It will not be the responsibility of
CONTRACTOR to remove waste resulting from clearing
property for building purposes, unless specifically
contracted to do so.
5.12 (a) MUNICIPAL SERVICE:
12
(1) CONTRACTOR shall provide CITY with
containers and service at the following
locations at not cost to CITY:
UNICIPAL LDCAT ONS FREE OF C G
NIMUM SIZE
City
Hall
4 cubic
yards
7525
N.W. 88th Avenue
Police Station
4 cubic
yards
7515
N.W. 88th Avenue
Public Services
30 cubic yards
6001
Nob Hill Road
roll -off
Fire
Station (West)
2 cubic
yards
7501
N.W. 88th Avenue
Fire
Station (East)
2 cubic
yards
4801
W. Commercial Blvd.
Tamarac Park
4 cubic
yards
7601
No. University Drive
Tamarac
Sports Complex
4 cubic
yards
9901
N.W. 77th Street
And any additional locations up to eight (8) may be
specified by the City Manager.
(2) CONTRACTOR shall provide such service t a
reasonable frequency to be determined by y
Manager. CITY shall have the right to use
mechanical containers, commercial type cans,
containers or bags with the size and weight limits
prescribed herein. CONTRACTOR shall supply the
CITY
CITY dumpsters at no charge for solely
sponsored events including but not limited to the
4th of July celebration.
11
5.13 MUNICIPAL CONTAINR MAINTENANCE: All containers
provided by CONTRACTOR for CITY shall be
maintained no less than annually. CONTRACTOR shall
not be entitled to a fee for this maintenance
service.
5.14 LiVNICIPAL REGULTION OF COLLNgTtION CONTAINER
CITY LOCATIONS ONLY : CONTRACTOR shall provide CITY
13
�l
with appropriate containers for collection of 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 in height. CONTRACTOR shall replace any
damaged container within forty-eight (48) hours if
notified by CITY.
5.15 CONTRACTOR shall work with CITY to resolve any
unforeseen problems that may arise during the term
of the agreement. This includes, but not limited
to, providing extra crews and equipment in times of
emergency, provided dumpsters in times of
emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and
trash accumulated by the various departments of the
CIM , under terms and conditions pursuant to
Article 6.3 of this agreement.
5.16 CLUBHOUSES: Clubhouses shall be defined as a
common area facility service any homeowner
association available to all parcel owners and
their guests for recreational activities, meetings
and events.
CONTRACTOR shall provide garbage collection service
to clubhouses in the single-family service area
that require garbage service. CONTRACTOR shall
pick up no charge, up to two (2) containers twice a
week. Additional garbage shall be placed in CITY
logo bags or call CONTRACTOR for special service.
ART iCLE 6
Schedules and Routes
6.1 ROUTES OF COLLECTION: Collection routes shall be
established by CONTRACTOR. CONTRACTOR shall submit
a map designating the collection routes to the city
for its approval, which approval shall not be
unreasonably withheld. CITY may amend the
collection routes annually so long as such
amendments do not increase the cost of CONTRACTOR
to provide the services contemplated herein.
14
CONTRACTOR may, from time to time, propose to CITY
changes in routes or days of collection, which
approval shall not be unreasonably withheld.
should CITY propose substantial route changes which
alter the date of collection, then upon
CONTRACTOR'S approval of the proposed changes by
CITY, CONTRACTOR shall promptly give written or
published notice to the affected residential units.
Should CONTRACTOR propose substantial route changes
which alter the date of collection, upon CITY IS
approval of the proposed changes by CONTRACTOR,
CONTRACTOR shall promptly give written or published
notice to the affected single-family residential
units. CONTRACTOR acknowledges and agrees that
CONTRACTOR shall be obligated to take such actions
as necessary to fulfill its duties and obligations
hereunder and that CITY may, after negotiation with
CONTRACTOR and a mutual agreement between CITY and
CONTRACTOR, from time to time, issue written
directions to CONTRACTOR clarifying the scope of
CONTRACTOR'S services to fulfill the intent of this
agreement.
6.2 SEASONAL QUALITY FLUCTUATIONS: CONTRACTOR
acknowledges that at times during the year, the
quantity of refuse is materially increased by
fluctuation in the amount of garden and yard trash.
This additional load will not be considered a
justification for the failure of CONTRACTOR to
maintain the established schedules and routes.
CONTRACTOR shall be responsible for removal of all
refuse placed curbside in approved containers.
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.
Listed below is the equipment which may be
necessary for storm or disaster clean-up in the
City of Tamarac. This equipment shall be supplied
on an "as needed" basis.
1) Boom Truck - International chassis
with an Iowa Mold Tooling
(IMT) 64235 crane and a
one yard clam bucket or
equivalent.
15
2) Rear Loader Truck -- Mack chassis truck with a
thirty one (31) yard
Leach 2RII Packmaster
body or equivalent.
3) Roll off Truck - Mack chassis truck with a
March Hoist and a thirty
(30) yard Hesco Roll Off
container or equivalent.
As of October 1, 1994 the charges per hour for
usage of this equipment will be as follows:
Truck (withdriver/operator) $ 85.00/Per hour j
Loader
(with driver plus 2 helpers) $110.00/per hour
Roll Off Truck $100.00/per hour
(with driver/operator)
The foregoing prices and costs are subject to
adjustment set forth in Section 3.5.
Where it is necessary for CONTRACTOR and CITY to
acquire additional equipment and to hire extra
employees to clean city of debris and refuse
resulting from the storm or disaster, CONTRACTOR
shall work with City Manager 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, disposal cost, overtime and costs of
equipment, provided CONTRACTOR has first secured
prior written authorization from City Manager 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, materials
and disposal cost, plus a reasonable amount as
overhead and profit to be negotiated. CONTRACTOR
shall provide CITY with sufficient records to
clearly support its claims for additional
compensation.
6.4 MISCELLANEOUS: 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
16
1
condition and of its inability to make collection
because of such condition.
ART C 7
Disposal of Solid Waste
CONTRACTOR shall deliver single-family residential solid
award
collection pursuant to this agreement to the approved
County Recovery facilities or to any transfer station which may
hereafter be utilized in the future by CITY's and approved by
Broward County ( such site hereafter calCITY l f the
costs pOSAL expenses
CONTRACTOR shall not be CONTRACTOR to
reimbursed
Broward County for the use of
actually paid by
disposal site for disposal of residential solid
in waste
wricollected
pursuant to this Agreement except when ropred in writing by CITY
alternative disposal sites must be app
prior to use by CON'I'RAa�O�n andl disposal practices atl laws, rules and gdisposal
governing hours of per
-observed by CONTRACTOR. The parties hereby
sites shall be strictly
agree that all services provided by CONTRACTOR pursuant to this
ike
agreement shall be carried out a standarn a co ds andspecifications nfident and lset
manner and in compliance w performance standards).
forth in the attached Exhibit
subconOtractor without written prior
CONTRACTOR shall not engage any
approval by CITY. e
Any revision or establishment of new performance shall be
approved by City 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 incuredby
CONTRACTOR in conforming with any changes in the performance
standards, shall be negotiated by CONTRACTOR and CITY in good
faith.
(I TENTIOLEFT BLANK
17
I
ARTICLE 8
Rates, Records, Billing
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 approved by City Council and
become effective on the effective date of the
disposal cost increase or decrease.
$.18 cents per $1.00 tipping fee
increase per month per unit.
Not to exceed $.02 cents per $1.00 tipping fee
increase per 30 gallon City logo bag.
(a) In addition to the rate adjustments described
above, CONTRACTOR may petition CITY any time after
the first anniversary date of this Agreement for a
rate adjustment. CITY reserves the right to
require additional information as backup for any
rate increase proposal including an audit of
applicable records by CITY'S Finance Department or
agent thereof. CONTRACTOR recognizes that all rate
increases must be approved by Resolution of the
City council and shall be considered on a timely
basis by CITY. CONTRACTOR shall not increase any
rate prior to approval by City Council and notices
given to residents including the initial rates
described herein. CITY shall have thirty (30) days
from submission of the rate request by CONTRACTOR
in which to request in writing additional backup
information. Article 8.1(a) may not be invoked
until the completion of the initial nineteen (19)
month agreement (ending December 31, 1994).
(b) In the event that rates are increased or
decreased at the landfill/incinerator/disposal site
and/or Hroward county or any other state or
governmental agency CITY may notify CONTRACTOR
within 15 days to adjust fees based on formula as
specified in Article 8.1 of this Agreement.
(c) The rates quoted are to apply to any area
annexed into the CITY.
(d) CONTRACTOR shall work with CITY to resolve any
unforeseen problems that may arise during the term
of the agreement. This includes, but is not
limited to, providing extra crews and equipment in
times of emergency, providing dumpsters in times of
18
emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and
trash accumulated by the various departments of the
city.
8.2 RECORDS: CONTRACTOR agrees to maintain, at his
local office or principal place of business within
Broward County, adequate books and records relating
to the performance of its obligation under this
Agreement. CONTRACTOR agrees to maintain separate
records in a form sufficient to identify gross
receipts from the City of Tamarac from gross
receipts for other municipalities, operations.
Audits, upon reasonable notice by the City, shall
not be performed more frequently than twice a year
during normal working hours. CITY may, upon
reasonable notice, cause an audit to be performed
by city personnel or by an independent party at
CONTRACTOR'S local Fort Lauderdale, Florida office)
designated by CITY of that portion of CONTRACTOR'S
books and records relating to its performance under
this agreement. The cost of an annual audit
pursuant to this provision shall be reimbursable
costs under Section 13.3 performance evaluation and
monitoring hereof. No original notes or work
papers can be removed from this inspection
location.
8.3 BILLING:
(a) CONTRACTOR shall supply VENDOR with CITY
approved bags for resale to single-family
residential customers. CONTRACTOR shall be
responsible for billing to and collection from
VENDOR. CONTRACTOR'S telephone number shall be
included on all notices to VENDORS and bills for
services.
(b) CITY shall provide CONTRACTOR with a list of
all VENDORS including name, address, store
identification and telephone number.
(c) NON-PAYMENT by CUSTOMERS: CONTRACTOR may
temporarily discontinue a customer's service for
non-payment if'a customer's account, bill or other
charge is not paid within thirty (30) calendar days
after the date rendered, the CONTRACTOR will mail a
notice to the customer and property owner. The
notice will inform the customer that if payment is
not received within forty-five (45) days from the
original rendering date, service shall be
discontinued and the premises of such delinquent
19
1
customer shall be disconnected from the
CONTRACTOR'S collection system.
(d) Any customer contesting his bill is entitled
and has a right to a hearing before an employee of
the CONTRACTOR with authority to waive or modify
charges imposed by the CONTRACTOR in the event of
overcharging or charging for services not rendered.
The CONTRACTOR or his designated representative is
authorized to meet with any customer contesting the
bill and waive or modify charges imposed by the
CONTRACTOR in the event of overcharging or charging
for services not rendered.
(e) If any bill is not paid within forty-five (45)
calendar days from the original due date of
payment, the service shall be discontinued, and the
premises of such delinquent customer shall be
disconnected from the system of the CONTRACTOR
immediately upon the expiration of forty-five (45)
days.
(f) 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 percent (1%) 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.
(g) All moneys owed the CONTRACTOR for service
shall be deemed liens on the property, which liens
may be filed in the official records of the county,
and foreclosed by the CONTRACTOR in the same manner
provided in the Mechanics' Lien Law of the state
(F.S. section 713.01 et seq.).
(h) After termination of service pursuant to this
division, such service shall not be resumed to the
same premises until the customer or the property
owner reimburses the CONTRACTOR for all service
charges, together with any and all special expenses
(such as for special trips, inspections, additional
clerical expenses, attorney fees, etc.) incurred by
the CONTRACTOR on account of the customer's
violation of the contract for service.
INTENTIONALLY LEFT BLANK
20
8.4
(i) C s OMER b S: Obtaining customer
deposits by CONTRACTOR is an option be exercisenot d
only in the event that quarterly bill
Paid by the end of the forty-five (45) days from
the original rendering date.
CONTRACTOR may require a deposit not to exceed the
quarterly fee for service. 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
percent (5046) 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 on a
quarterly basis.
(j) CITY will cooperate with CONTRACTOR to notify
all single-family residential customers of the
requirement to contact CONTRACTOR and place any
necessary deposits at CONTRACTOR'S place of
business.
BILLING SCHEDULE:
(a) Where the billing is done by CONTRACTOR,
billing may be made quarterly in advance, and CITY
shall receive its Franchise fee quarterly within
ten (10) days after the end of each quarter.
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 listing of
all accounts that are in arrears over sixty (60)
days. CONTRACTOR shall provide CITY with said
information on an annual basis from single-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
address;
(2) The total amount billed to each account.
(b) The CITY shall provide CONTRACTOR with a
listing of all customers presently einoving
serviced. Thereafter, the CITY will pr
21
monthly updates including additions, deletions
and changes of customers.
6.5 VACATION CREDIT: CONTRACTOR shall provide a one
month vacation credit to any unit that is vacant
for one month or longer. Customer shall notify
CONTRACTOR in advance of vacation schedule to
receive vacation credit.
8.6 AMAL TONNAGE REPORT: During the first year,
CONTRACTOR shall provide to CITY, two tonnage
reports and thereafter one tonnage report once a
year. A tonnage report shall consist of the
completion of a total route within CITY without
commingling trash/garbage with any other route
(other than CITY'S) and provide CITY with an
accurate tonnage weight analysis report.
ARTICLE 9
Compensation
9.1 COMPENSATION - SINGLE FAMILY RESIDENTIAL SERVICE:
Contractor shall be paid the following sums for all
services that it provides within the CITY.
(a) g1J.88 per month, per single family unit, and
90 per bag for additional garbage exceeding
2 containers placed at curbside pick up.
(b) Side Door Service: CONTRACTOR shall provide
side door service for sections of Tamarac that
request such service. CONTRACTOR shall direct
bill the section association quarterly in
advance at a rate of $2.30 (two dollars and
thirty cents) per unit per month.
Compensation is also subject to increases or decreases in
Article 3.5 and Article 8.1.
ARTICLE 10
Units Guarantees
10.1 GUARANTEES: Those units which currently are to
receive service are contained within the designated
single-family residential areas, single-family designated
areas as defined in Article 1.24 and Article 1.25.
ARTIgLE 11
Contractor's Local Office
11.1 O ICE AGING AGENT: Throughout the term of this
Agreement, CONTRACTOR shall establish or maintain a local
WA
office or authorized managing agent within Broward
County. CITY and CONTRACTOR designates the agent as
specified in Article 17.17 as the agent upon whom all
notice may be served. Service upon CONTRACTOR'S agent
shall always constit0te service upon CONTRACTOR.
11.2 HOURS: 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 STAFFING: CONTRACTOR'S local office shall have a
responsible person in charge during collection hours on
collection days, shall be equipped with sufficient
telephones, a local telephone number, and sufficient
attendants to receive telephone calls. Attendants shall
receive calls in a courteous and polite manner, recorded
all complaints, and._resolve all legitimate complaints as
outlined in Article 12.3 in an expeditious manner by the
end of the next business day.
ARTICLE 12
Contractor's Relation to City
12.1 INDEPENDENT CONTRACTOR: The relationship of
CONTRACTOR to the CITY shall be that of an
independent CONTRACTOR, and non principal -agent or
employer -employee relationship between the parties
is created by this agreement. By entering. into
this agreement with CITY, CONTRACTOR acknowledges
that is 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 o� fhe
or
benefits and privileges' of a city employe
officer under any provision of the statutes of the
State of Florida or ordinances of the City of
Tamarac.
12.2 CUSTOMER COMPLAINTS: 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
heCITY
may be
fully informed of the quality of
ee
CONTRACTOR shall arrange the handling of complaints
in substantially the following manner; all
legitimate complaints, whether received in person,
by mail or by telephone, shall be reported in
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CONTRACTOR'S log approved by Contract Administrator
and furnished by CONTRACTOR. A copy of the 109 is
available to CITY upon request. Complaints
received before 12:00 noon shall be served before
5:00 P.M. that day. Complaints received after
12:00 noon shall be served before 12:0o 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.
12.3 DISCRIMINATION PROHIBITED AFFIRMATIVE ACTION:
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 Disabilities
Act of 1992), understand and agree that this
agreement is conditioned upon the veracity of this
Statement of 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 thereto. This Statement
of Assurance shall be interpreted to include
Vietnam -Era Veterans and Disabled Veterans within
its protective range of applicability. CONTRACTOR
must be an Equal Opportunity Employer and have an
affirmative action plan and not discriminate on the
basis of handicapped status.
12.4 LABOR FORCE:
(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.
(b) CITY has right to require CONTRACTOR'S
collection employees to wear clean uniforms or
shirts bearing the company's name.
24
(c) Each Driver shall at all time, carry a valid
operator's license for the type of vehicle they are
driving.
(d) CONTRACTOR shall provide operating and safety
training for all personnel.
12.5 EQUIPMENT: 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. Equipment shall include all items
specified in Exhibit "E", Equipment Inventory Form
(as amended from time to time). 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
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.
12.5 VEHICULAR IDENTIFICATION: 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
nits vehicle an identifying number and shall mark
the same upon said vehicles in figures not less
than five (5) inches in height.
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12.7 HEALTH AND SANITATIO: 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 as its sole cost and expense copies
of all permits and licenses required for its
collection of residential sold was services either
from the City, County, State or Federal Government.
ARTICLE 13
Performance Evaluation and Monitoring
13.1 RIGHT TO INSPECTION: 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 Performance Evaluation Plan may be revised
after negotiation and mutual agreement between CITY
and CONTRACTOR at any time during the period of the
Agreement. CITY, through an independent third
party Contractor of its own selection, shall
evaluate technical performance, including
reliability and schedule performance, and program
management.
13.2 F NCHISE FEE: Contractor shall pay a one --time
contract fee of $25,000.00 to the City of Tamarac
at the time of contract extension and final
execution of agreement. There shall also be a
similar one-time fee for any five year renewal
term.
13.3 FUTURE PERFORMANCE AND EVALUATION OF MONITORING
COSTS: _ CONTRACTOR shall annually reimburse CITY
for all costs that are incurred in monitoring and
evaluating CONTRACTOR'S performance under this
Agreement. Such costs shall be submitted to
CONTRACTOR in writing within thirty (30) days after
the completion of December 31st. Such costs shall
be certified as to the completeness and accuracy by
the City Manager and shall be deemed accurate
unless CONTRACTOR notifies CITY in writing of its
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 one time during contract.
W.
13.4 ON -COMPLIANCE BY THE CONTRACTOR: In the event
CONTRACTOR shall fail to perform any of the
material provisions of this Agreement, CITY shall
provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts 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-
compliance, but in no event more than ten (10) days
from the date of the receipt of notice of violation
unless the non-compliance cannot be cured within
ten (10) days, then within a reasonable time using
best efforts and CONTRACTOR shall notify CITY of
those efforts, the same shall constitute an Act of
Non -Compliance. For each Act of Non -Compliance,
CONTRACTOR shall pay CITY the sum of up to Five
Hundred Dollars ($500.00) per day for each day that
such Act of Non -Compliance shall continue beyond
the period of time established to cure the Act of
Non -Compliance. This remedy is hereby expressly
made cumulative of other remedies available to CITY
at law or in equity for breach of this Agreement.
13.5 CITY RESERVE RIGHTS:
(a) Subject to the procedures in Article 14, CITY
reserves the right to terminate the Agreement at
any time whenever the service provided by
CONTRACTOR fails to meet reasonable standards of
the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the
written notice within fourteen (14) days of the
receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and
apply the proceeds to the cost of service charge to
CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or
any other similar labor dispute which makes
performance of this Agreement by CONTRACTOR
substantially impossible, CONTRACTOR agrees that
CITY shall have.'the right to call the Surety Bond
and temporarily engage another firm to provide
necessary service.
13.6 PERFORMANCE BOND: CONTRACTOR shall furnish to CITY
a Performance Bond, Letter of Credit or cash bond
guaranteeing the faithful performance of this
Agreement. The security shall be in a form
acceptable to the City Attorney and said security
27
shall be provided for the term of this Agreement
and in an amount equal to Two Hundred and Fifty
Thousand ($250,000.00) Dollars. CONTRACTOR shall
provide such security or securities to cover the
full term of this agreement without lapse. Lapse
of security shall be deemed a material breach. The
initial security shall be furnished to CITY by
CONTRACTOR within ten (10) days of the date of
execution of this Agreement or any renewal thereof.
Without limiting any other indemnity provisions
herein, such security shall indemnify CITY against
any loss, expense, cost or damage resulting from
any default by CONTRACTOR hereafter or any failure
of performance by CONTRACTOR. The City Attorney is
hereby delegated the authority to approve the form
of the security. The Finance Director has
authority to approve the financial capabilities of
the Surety to perform. Upon completion of this
Agreement in compliance with all terms and
conditions hereof, CONTRACTOR shall be entitled to
the return of any Cash Bond on Deposit with CITY
within ten (10) business days.
13.7 LIABILITIES FOR DELAYS OR NON-CONFORMANCE-&
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall
CITY be liable or responsible to CONTRACTOR or to
any other person on account of any stoppage or
delay in the work herein provided for, by
injunction or other legal proceedings brought
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
disturbances, or acts of God; provided, however,
that in the event of any such non-performance or
delay resulting from events or circumstances beyond
the control of CONTRACTOR, CONTRACTOR shall not be.
entitled to compensation for such period of time as
a delay or non-performance shall continue.
ARTICLE 14
Default of Agreement
14.1 DEFAULT OF CONTRACT: If, in the opinion of the
City Manager, there has been a default of the
Agreement, City Manager shall notify CONTRACTOR in
28
I1
writing, specifying that which has been a default
of Agreement. if, within a period of fourteen (14)
calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this
Agreement. City Attorney shall notify City Council
and CONTRACTOR, and a hearing shall be set for a
date within fifteen (15) days of such notice. On
that day City Council shall hear CONTRACTOR and
CITY'S representatives and shall make a
determination as to whether or not it has been a
breach and shall direct what further action shall
be taken by CITY, as hereinafter provided. Pending
Resolution of the alleged breach, CONTRACTOR shall
be governed by the provisions of Section 14.2.
14.2 D FAT: Default by CONTRACTOR shall occur if
CONTRACTOR fails to observe or perform a material
portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services
under this Agreement in the event of default by
CONTRACTOR and the failure by CONTRACTOR to cure
such default after receiving notice hereof. Should
default occur, CITY may deliver a written notice to
CONTRACTOR describing such default and the proposed
date of termination. Such date may not be earlier
than the thirtieth (30) day g receipt of extend
the notice. CITY, as its sole option, may
the proposed date of termination to a later date.
If, prior to the proposed date of termination,
CONTRACTOR cures such default then the proposed
termination shall be ineffective. If CONTRACTOR
fails to cure such default prior to the proposed
date of termination, then CITY may terminate
CONTRACTOR'S performance under this Agreement as of
such date.
14.3 POST -TERMINATION SERVICES: Upon the effective date
of termination as contained in the above notice
referenced in 14.2 of this Agreement, CONTRACTOR
shall, unless the notice directs otherwise,
immediately discontinue all service in connection
with this Agreement and shall proceed to cancel
promptly all existing orders chargeable to this
Agreement. Within ten (10) days of receipt of
notice of termination, CONTRACTOR shall submit to
CITY monthly reports and revenues required under
this Agreement to the day of termination.
14.4 REMEDIES: In addition to, or in lieu of, the
termination procedure set above in Section 14.2 of
this Agreement, CITY may take any or all of the
29
following actions in the events of a default by
CONTRACTOR:
(a) If CITY determines, and notifies CONTRACTOR,
that such default poses an immediate threat to the
health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such
default within twenty four (24) hours after
receiving such -notice. CITY shall have the right
to perform or cause to be performed all or part of
the work necessary to cure such default. In the
event that City performs such work, or causes it to
be performed, CONTRACTOR shall bear the cost of
such work, and if necessary, shall reimburse CITY
for the cost thereof. CITY shall have the right to
deduct any such compensation. due to CITY from any
sum otherwise due and owing to CONTRACTOR.
(b) CITY may make or file a claim under the
Performance Bond, Letter of Credit, or Cash Bond
for any damages, expenses or liabilities that CITY
has incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its right CONTRACTOR In tide
13.4 non-compliance by
this
Agreement.
ARTICLE 15
Indemnification
INDEMNIFICATION: CONTRACTOR hereby assumes risk of loss and/or
injury to property and/or persons arising directly or indirectly
from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY,
officer, agents, and employees from and against any and all claims,
liabilities, demands, suits, costs or expenses, including, but not
limited to, expenses of litigation and attorney's fees arising from
any such claims, loss or injury. Without limiting the foregoing,
the indemnity provided herein shall specifically include any claim
against CITY arising out of CONTRACTOR'S performance of this
Agreement arising out of any Environmental Law (as herein defined) .
This indemnification shall continue beyond the term of this
Agreement for claims arising as a result of this Agreement. CITY
shall notify CONTRACTOR of such claims, liabilities, demands and
suits no later than sixty (60) days after CITY'S receipt of a
claim.
ARTICLE 16
Insurance
16.1 GENERAL: CONTRACTOR shall not commence work under
this Agreement until it has obtained all the
0L
insurance required under this Agreement, and such
insurance has been approved by the CITY.
CONTRACTOR shall be responsible for delivering to
CITY the Certificate of Insurance for approval.
CONTRACTOR shall name the City of Tamarac as an
additional named insured on the Certificate of
Insurance. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as
Exhibit "C". All insurance policies shall be
issued by companies duly licensed to write business
insurance policies in the State of Florida and
rated --A- or better by A.M. Best's Key Rating
Guide. Further, CITY shall be named as an
additional named insured on all insurance policies
(except Workers' Compensation). Certificates of
each policy, together with a statement by the
issuing company to the extent that said policy
shall not be canceled without thirty (30) days
prior written notice received by CITY, and shall be
delivered to CITY for review and approval.
Insurance coverage specified herein constitutes
that minimum requirements and said requirements
shall in no way lessen or limit the liability of
CONTRACTOR under the terms of this Agreement.
CONTRACTOR shall procure and maintain, at its own
cost and expense, any additional kinds and amounts
of insurance that, in its own judgment, may be
necessary for proper protection in the completion
of its work.
16.2 WORKERS' COMPENSATION INSURANCE: CONTRACTOR shall
maintain, during the term of this Agreement and any
renewals, Workers' Compensation Insurance on all of
its employees to be engaged in work under this
Agreement, and shall require the same from any
subcontractors used. In the event that any class
of employees engaged in hazardous work pursuant to
this Agreement is not protected under the Workers'
Compensation Statute, CONTRACTOR shall provide
adequate employer's liability insurance for the
protection of employees not so protected.
16.3 COMMERCIAL COMPREHENSIVE GENERAL LIABILITY
INSURANCE: CONTRACTOR shall procure and shall
maintain during the term of this CONTRACT and any
renewals Public Liability and Property Damage
Insurance in an amount not less than 1,000,000.00
combined single limit coverage for bodily injury,
death and property damage (except automobile).
Coverage A shall include premises, operations,
products and completed operations, independent
31
contractors, contractual liability covering this
agreement or contract, and broad form property
damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of
Commercial General Liability must be provided.
16.4 AUTOMOBILE INSURANCE: CONTRACTOR shall procure and
maintain, during the term of this Agreement and
renewals, Comprehensive Automobile Liability
Insurance in an amount not less than $1,000,000
combined single limit coverage for bodily injury,
death, and property damage (automobile).
16.5 EXCESS UMBRELLA LIABILITY: CONTRACTOR shall procure
and maintain during the term of this Agreement and
any renewals, Excess Umbrella Liability Insurance
in an amount not less than $1,000,000 coverage in
excess of Automobile and Bodily Injury/Property
Damage coverage's.
16.6 SCOPE OF INSURANCE: The insurance required under
the above paragraphs shall provide adequate
protection for CONTRACTOR against damage claims
which may arise from operations under this
Agreement, whether such operations be by the
insured or by anyone directly or indirectly
employed by the insured. CITY shall be named an
additional named insured on all of CONTRACTOR'S
insurance policies provided for herein. It is the
intent of the parties that the CONTRACTOR'S
insurance policies shall be primary to any
insurance carried by the CITY.
16.7 LOCAL AGENT FOR INSURANCE AND BONDING: The
insurance and bonding companies with whom
CONTRACTOR'S insurance and performance bonds are
written shall be licensed to do business in the
State of Florida and shall be represented by an
agent or agents, having an off ice located in the
State of Florida. Each such agent shall be duly
qualified, upon whom service of process may be had,
and must have authority and power to act on behalf
of the insurance and/or bonding company to
negotiate and settle with CITY, or any other
claimant, or any property owner who has been
damages, may have against CONTRACTOR, insurance,
and/or bonding company. The name of the agent or
32
agents shall be set forth on all such bonds and
certificates of insurance. CONTRACTOR shall keep
the required insurance in full force and effect at
all times during the term of this CONTRACT, and any
renewals thereof.
CONTRACTOR shall furnish to CITY a Certificate of
Insurance on a form furnished and approved by CITY,
evidencing CONTRACTOR has obtained the required
insurance coverage. At the request of CITY the
original policy shall be provided for inspection.
All policies must prove that they may not be
changed or canceled by the insurer in less than
thirty (30) days after CITY has received written
notice of such change or cancellation. Such
insurance amounts may be reviewed upward at CITY'S
request, and CONTRACTOR shall revise such amounts
with thirty (30) days after receipt of such
request. CONTRACTOR'S insurance certificates shall
be updated and posted annually with the CITY.
ARTICLE 17
Miscellaneous Provisions
17.1 VENUE: This agreement shall be considered
consummated in Sroward County, Florida. All actions
brought hereunder shall be brought exclusively in
Hroward County, Florida.
17.2 TIME I3 OF THE ESSENCE: Time shall be deemed to be
of the essence concerning this agreement whenever
time limits are imposed herein for the performance
of any obligations by any of the Parties hereto, or
whenever the accrual of any rights to either of the
Parties hereto depends on the passage of time.
17.3 RIGHT To REQUIRE PERFORMANCE: The failure of CITY,
at any time, to require performance by CONTRACTOR
of any provisions herein shall in no way affect the
rights of CITY thereafter to enforce the same. Nor
shall waiver by CITY of any breach of any
provisions herein be taken or held to be a waiver
of any succeeding breach of such provisions or as a
waiver of any provisions itself.
17.4 FARCE MAJEURE: Neither CONTRACTOR nor CITY shall be
liable for the failure to perform its duties if
such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other
similar or different contingency beyond the
reasonable control of CONTRACTOR.
33
17.5 PRIOR CONTRACTS: This agreement supersedes and
replaces all terms related to single-family and
family residential service in the agreement between
the City of Tamarac and All Service Refuse Co.
Inc., dated May 20, 1993, and effective
immediately, which agreement of May 20, 1993, upon
the effective date of this agreement shall be null
and void and of no further force and effect.
17.6 APPROVAL BY CITY COUNCIL: This agreement shall not
be considered fully executed or binding or
effective on CITY until the same shall be approved
and accepted by the City Council of the City of
Tamarac in an open meeting as required by law and
executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to
CONTRACTOR a certified copy of the Ordinance as
evidence of the authority of the person authorized
to bind CITY to the terms, covenants and provisions
of this agreement and to perform the same in
accordance herewith.
17.7 COMPLIANCE WITH LAWS: CONTRACTOR, its officers,
agents, employees, and contractors, shall abide by
and comply with all laws, federal, state, and.
local. It is agreed and understood that, if CITY
calls the attention of CONTRACTOR to any such
violations on the part of CONTRACTOR, its officers,
agents, employees, or subcontractors, then
CONTRACTOR shall immediately desist from and
correct such violation.
17.8 RIGHT TO PERIODIC REVIEWS: CITY shall have the
right to conduct periodic public meetings, to
review and consider the performance of CONTRACTOR
regarding its compliance with the material terms of
the franchise, any amendments desired by
CONTRACTOR, the need for any future new services,
and potential amendments to the franchise
reflecting service requirements changes based on
advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be
available to attend all public meetings upon
reasonable notice by CITY for concerns associated
with the Agreement.
17.9 C GES IN LAW: Should the State of Florida, City,
County, United states or Federal agency, or any
State or Federal Court, or any agency thereof
require either Broward County, City of Tamarac, or
CONTRACTOR to act in a manner which, affects or is
inconsistent with any provisions of this Agreement,
34
CITY shall be authorized to determine whether a
material provision is affected in relations to the
rights and benefits conferred by the Agreement.
Upon such determinations, CITY and CONTRACTOR shall
negotiate in good faith to modify or amend the
franchise to such extent that as may be necessary
to carry out the full intent and purposes thereof
in relation to the rights and benefits of CITY, or
the public.
17.10 ACC OIINTING STANDARDS: CONTRACTOR shall provide the
CITY with a quarterly notarized statement from an
authorized representative of the CONTRACTOR,
certifying the accuracy of the quarterly franchise
fee payment. CONTRACTOR shall provide the CITY
with annual recap of gross receipts and a summary
of all franchise fee payments paid within the
preceding twelve (12) months (See Exhibit G).
17.11 TRANSFER ABILITY OF CONTRACT: No assignment of this
agreement or any right accruing under this
agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of
CITY; such concern of CITY shall not be
unreasonably withheld. In the event of any
assignment, the assignee shall assume the liability
of CONTRACTOR.
17.12 EFFECTIVE DA F: This agreement shall be effective
upon the execution of this agreement and
performance of this agreement shall being on the
commencement date set forth herein.
17.13 L CENSES AND TAXES: CONTRACTOR shall obtain all
licenses and permits (other than the license and
permit granted by CONTRACTOR) and promptly pay all
taxes required by CITY.
17.14 PMAGRAPH HEADINGS: The paragraph headings
contained herein are for convenience and reference
and are not intended to define or limit the scope
of any provision of this agreement.
17.15 ENTIRE CONTRACT: This agreement constitutes the
entire agreement and understanding between the
parties relating to the subject matter, and it
shall not be modified, altered, changed, or amended
in any respect unless done so in writing and
approved by the City Council of the City of
Tamarac, Florida.
17.16 B XRUPTCY: This agreement shall terminate iinvoluntary)t e
case of bankruptcy (voluntary
or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on
the day and the time that the bankruptcy action is
filed.
17.17 NN T�ICES: 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:
City Manager
Designated Agent for the
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, FL 33321-2401
(305) 724-1230
CONTRACTOR:
Harold Carter
Designated Agent for
All Service Refuse Co
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305) 583-1830
With a COPY to: With a co M to:
City Attorney Mr. Harris W. Hudson
City of Tamarac c/o Hudson Management Corp.
7525 Northwest 88th Avenue 200 E. Las Olas Blvd.
Tamarac, FL 33321 Suite 1420
(305) 724-1240 Ft. Lauderdale, FL 33301
(305) 761-8333
CONTRACTOR may change the address and/or agent upon
written notice as above.
17.18 ENFORCEMENT: 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.
17.19 ENDUM AND ATTACHMENT EXHIBITS: The provisions of
the foregoing Articles 1 through 17, together with
the following Exhibits A through H, are intended by
the undersigned,parties to and shall constitute a
binding agreement between them. All Exhibits IA,are
C, D, E, F, G and H, Appendix I and Appendix
incorporated herewith and fully set forth.
17.20 sEVERABILITY AND UNENFORCEABLEiportion aof
part, section, sub -section, or
this agreement is declared void, unconstitutional,
or invalid for any reason, such part, section, sub-
section, or other portion, or the prescribed
36
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 remaining
full force and affect, CITY and CONTRACTOR declare
the 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.
17.21 GOOD FAITH: 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.
17.22 MUTUAL CONSENT: Both parties to this Agreement have
had full opportunity to review and draft this
Agreement. Further, both parties have had full
opportunity to review this Agreement with their
respective legal counsel. Both parties have had an
opportunity to participate in the finalization of
this Agreement and all provisions have been agreed
to by mutual consent.
17.23 ON --WAIVER OF p0WERS AND REGULATIONS: 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 if 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 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.
(IMENTIONALLY I&FT BLANK
37
I
� ery 9@
Agreement twee city of le -Fa it Sc d Waste
Company, Inc. for Furnishing
ect o Se vic s
This Agreement shall be effective this_
day of
1994, which shall be the Commencement Date hereof.
THE TY OF TAM4qRAC, FLORID
Date: t r l 1 C/ BY
Normrnn Ab lowi
BY=
Robert S.e, Jr.
ATTEST: City Manager
Date: Xl���f % `7L7 --
BY: ��,
Carol A. Evans
City Clerk
. Approved as to form: � .
By:
Mitchell S. Kraft
City Attorney
STATE OF FLORIDA
COUNTY OF �iRo1�'f}-RD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the
cou ty� aforesaid tooA10Y
take acknowledgments, personally appeared 46092,fS, /VDE e try
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that
executed the same.V
WITNESS
m hand and official seal this day of
-_.�-�
1994. ,LPL. cc,'ci� NOTARY PUBLIC STATE OF FLORIDl1
MY COM1Is5ION EXP. NOV. 641994
(Name of Notary Public: aoNOEo THRU GENERAL INS. UNO. .
Print, Stamp, or Type as vRro
Commissioned) /'-7i�iCi� MA -KC"
(✓ ) Personally known to me, or
( ) Produced identification Type of I.D. Produced
( ) DID take an oath, or (,/) DID NOT take an oath.
38
A eement etween city of a a e and All Service Refuse
company, Inc. fa Furnis Bingle-FaMil-y-S011d Waste
o ect o Services
ATTEST:
By:
Co porate Secretary
(Corporate Seal)
STATE Of FLORIDA
COUNTY OF
CORPORATION:
Vjc c. -president
Of
Contractor
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the
foregoing instrument and - acknowledged before me that
--
executed the same.
1.
WITNESS my hand and official seal this _�9 day °f Ad
1994.
JOAM T. ELLIOTT
My CMUMMM j or
( me of Notary Public: E�'�x �nN VPWft
Print, Stamp, or Type as °01��'`
Commissioned) �.7� .r., c I/► �'
( k- Personally known to me, or,
( ) Produced -identification
Type of Y.D. Produced
( ) DID take an oath, or (:Jf DID NOT take an oath.
e wa=c*t%wvs t \sz-3 s s4\u-R-3 -K r
39
Public Data Query
EXHIBIT 2
U.S. Department N TR 9876
of Labor
x Bureau of Labor
X.t] t'1 Statistics
Bureau of Labor Statistics Data
WWW.b1s.goV Search I A-Z Index
BLS Home I Programs & Surveys Get_ Detailed Statistics I Glossary I What's New I Find It! .In DOL
Change Output From: 2000 To: 2002 a
Options:
include graphs NEW! More Formatting O tions=►-
Data extracted on: July 22, 2002 (2:09:35 PM)
Consumer Price Index - All Urban Consumers
Original Data Value
Series Id: CUURA320SA0,CU0SA320SA0
Not Seasonally Adjusted
Area: Miami-E'ort Lauderdale, FL
Item: All items
Base Period: 1982-84=100
Year Jani Feb Mar Apr IMay Jun Jul Aug Sep
2000 165.9 166.9 168.0 168.4
2001 171.9 172.8 173.5 173.5
2002 175.0 175.0 174.4
Oct
NOVI
DeclAnnuall
HALF
I HAL
169.6
169.5
167.8 1166.7
1169.
174.2
1173.11173.0
1172.4
1173.
Fr_e.quentlV Asked_ uestions I Freedom.. -of information_ Act I Customer Survey
Privacy_&_Securi.ty. Statement I Linkincl 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: blsd.ata staff bl.s.gov
Washington, DC 202.12-0001 Technical (web) questions: webmasbe- bls.gov
Other comments: feedback blsgoy
CPI % Change Calculations:
June 2002 = 174.4
.Tune 2001 = 173.5
174.4 -- 173.5 = 0.9000
0.9000 / 173.5 = 0.005187
0,005187 X 100 = 0.5187 = 0.52%
1 L r A l c_ r�k JCA c- r�v
EXHIBIT 3
TR 9876 Broward Solid Waste Disposal District s��t o�-
WARD 1 North University Drive, Suite 400-B
r 1 _. Plantation, FL 33324
r,h u' � i (954) 765-4202, Ext. 270 • Fax (954) 577-2391
1
Resource Recovery Board
County Members: Josephus Eggelletion, Jr. a Ben Graber a Ilene Lieberman • Lori Nance Parrish • Diana Wasserman -Rubin
City Members: Peter Bober . Jim Naugle o Joseph Scuotto • Jim Waldman
May 21, 2002
Mr, Jeffrey L. Miller
City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, Florida 33321
Dear Mr. Miller:
The Resource Recovery Board at its meeting on May 9, 2002 approved the revised tipping fee to be used
for PCOCCSSable Waste delivered to the two resource recovery plants. Effective with the fiscal year
beginning October 1, 2002: the per ton tip fee for Processable Waste will increase from $83.78 to
$84.41.
If you have any questions concerning our rates for the next year, please call me at (954) 761-3460.
Sincerely yours,
Stephen Schwarz, P.E., DEE
Interim Executive Director
SCS/jrh
cc: Resource Recover Beard
Technical Advisory Committee
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS —An Equal Opportunity Employer and Provider of Services
Josc h is Eggelletion. Jr. Ben Graber Suzanne N. Gunzber er Kristin D. Jacobs Ilene Lieberman Lori Nance Parrish John E, Rodstrom, Jr. James A. Scott Diana Wasserman•Rubin
Visit us on the Internet:: www broward.0rg1oiwm
Republic Services of Florida, L.P.
d. b. a.
TR 9876
EXHIBIT 4
751 N.W. 31 st AVENUE
August 9, 2002
A L L
S E R V I C E
REFUSE
Jeffrey L. Miller, City Manager
City of Tamarac
7525 NW 88 Avenue
Tamarac, FL 33321
Dear Jeff:
FT. LAUDERDALE, FL 33311
Please be advised that pursuant to the agreement between the City of Tamarac
and All Service Refuse for single family solid waste and recycling collection, the
monthly rate for each unit shall increase effective October 1, 2002.
According to the Bureau of Labor Statistics (404-331-3415), the appropriate
Consumer Price Index for All Urban Consumers is 0.52% from June 2001 to
June 2002.
June 2001 173.5
increase 0.52% (0.9/173.5=0.52)
June 2002 174.4 (Maximum 4.0% per contract article 3.5)
Current Price per unit per month is: $16.36
CPI increase from 6/01 to 6/02 was: 0.0851
Also effective October 1, 2002, the tipping fee will be increase by $0.63 per ton.
This increases the rate by: 0.1134
Sum of above: $16.5585
The current price per City Logo Bag is: $1.29
CPI increase from 6/01 to 6/02 was: 0.0067
Disposal increase @ $0.02 per $1 per ton increase: 0.0126
Sum of above: 1.3093
[9541 583-183❑
Effective October 1, 2002, the following prices will be in effect:
The monthly rate per unit shall be: $16.56
The charge per City Logo Bag shall be: $1.31
Thank you for your assistance in this matter.
W
John F. Fergu
General Mane
Cc: Joe Schreiber, Mayor
Mitch Kraft, City Attorney
Amber D'Amato