HomeMy WebLinkAboutCity of Tamarac Resolution (251)Temp. Reso. #9877
Page 1 of 1
August 21, 2002
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-251
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, AUTHORIZING A TIPPING FEE
INCREASE OF $0.063 PER CUBIC YARD AND A CONSUMER
PRICE INDEX INCREASE OF 0.50% FOR RESIDENTIAL
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES,
EFFECTIVE OCTOBER 1, 2002; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 24, 1993, the City of Tamarac entered into an agreement
with Waste Management d/b/a Southern Sanitation for Residential Multi -Family Solid
Waste Collection Services; and
WHEREAS, on September 29, 1995, the City Commission executed an addendum
to said Agreement extending the term from December 31, 1997 to December 31, 2001;
WHEREAS, on July 11, 2001, the City Commission executed an addendum to said
Agreement revising the effective dates for Consumer Price Index and Broward County
Disposal Fee increases to run concurrently on October 1st of each contract year and
extending the term from December 31, 2001 to December 31, 2004; and
WHEREAS, Article 3.5 and Article 8.1 of said Agreement provides for an automatic
rate increases based upon changes in the Consumer Price Index and Broward County
Disposal Fee, a copy of said contract attached hereto as Exhibit 1; and
1
Temp. Reso. #9877
Page 2 of 2
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, Southern Sanitation has requested a rate increase of $0.063 per cubic
yard due to increases in the Broward County Disposal Fee and an increase of 0.50% per
the CPI increase for Residential Multi -Family Solid Waste Collection Services, a copy of
said request and calculations attached hereto as Exhibit 4; and
WHEREAS, the Director of Public Works recommends approval of rate increases as
requested by Southern Sanitation; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to approve the rate
increase for Residential Multi -Family Solid Waste Collection Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: A tipping fee increase of $0.063 per cubic yard and a Consumer Price
Index increase of 0.50% for Residential Multi -Family Solid Waste Collection Services are
hereby approved, effective October 1, 2002.
1
Temp. Reso. #9877
Page 3 of 3
August 21, 2002
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 251h day of September, 2002.
1
"11111111111=�5
;� 77
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL'S. KF�A T
CITY ATTORNEY
1
J E 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
T R 9877
Second Addendum to the February 24 1993 Agreement EXHIBIT 1
Between the City of Tamarac
and
Waste Management, Inc. of Florida D/B/A/ Southern Sanitation
For Furnishin Multi -Family Solid Waste Collection
This Addendum to the Agreement between the City of Tamarac, a municipal
corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida
33321 (hereinafter "CITY") and Waste Management, Inc., of Florida D/B/A Southern
Sanitation, a Florida corporation with principal offices located at 3831 NW 21 Ave,
Pompano Beach, Florida 3073 (hereinafter "CONTRACTOR") is made and entered
into this ZZ,_ day of , 2001.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
February 24, 1993, relative to the furnishing of multi -family solid waste collection in the
City -of Tamarac; and
WHEREAS, the CITY and CONTRACTOR agree to revise Article 1, Definitions,
as herein specified in order to reflect current practices and descriptions; and
WHEREAS, Section 4.3 of the Agreement between CONTRACTOR and the
CITY provides for renewal for a three (3) year period of time; and
'\^2, WHEREAS, the CONTRACTOR agrees to include bulk pick-up service and to
Tov1__pide two bulk pick-ups per calendar year to each CUSTOMER at no additional cost
to the residents; and
WHEREAS, the CONTRACTOR and CITY agree to waive the GPI adjustment
effective January 1, 2001 and agree that all future CPI adjustments shall become
effective annually on October 1, beginning with the October 2001 adjustment, based
upon the June 30 Miami All Urban Consumer Price Index; and
WHEREAS, the CONTRACTOR agrees that all future rate increases shall be
inclusive of franchise fees; and
WHEREAS, the CITY and CONTRACTOR, choose to extend the term of the
agreement until December 31, 2004, pursuant to Section 4.3 of the agreement between
the CITY and CONTRACTOR.
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
February 24, 1993 and the addendum to the agreement dated September 29, 1995,
between CITY and CONTRACTOR, the parties agree as follows:
1
Items G}r���u represent deletions, underlined items represent additions
1. Article 1, Definitions, §1.1 Biohazardous Waste, §1.2 Bulk Waste, §1.15
Household Trash, §1.20 Refuse/Solid Waste, §1.22 Residential Service (Multi-
family) and §1.31 Yard Trash — Regular are amended to read as follows:
ARTICLE 1 Definitions
§1.1 BIOMEDICAL/HAZARDOUS WASTE: Shall have the
meaning set forth in Section 403.703 Florida Statutes. Such items are excluded
from the solid waste stream under this agreement.
§1.2 BULK WASTE: stoves, refrigerators, water tanks, washing machines, furniture
and other waste material other than construction debris and garden and lawn
trash, weights or volumes greater than those allowed for containers generated
incidental to the use of the occupancy of the property where the -y bulk item
is placed for collection.
§1.15 HOUSEHOLD TRASH: All accumulations of paper, magazines, packaging,
containers, sweepings and all other accumulations of a nature other than
garbage or lawn clippings, which are usual to housekeeping ap44G the opeFat
of -stores; e#ise G.
§1.20 REFUSE/SOLID WASTE: Garbage, rubbish, bum bulk waste, s or
demo i#GR—debris household trash and other discarded matter within the
corporate limits of the city.
§1.22 RESIDENTIAL_ S_ ERVICE _(MULTI-FAM_ ILY): All refuse collection service
provided to all residential dwelling units, including townhomes, duplexes,
triplexes, condominiums — and all other multifamily dwelling units within the
service area excludin rental apartment complexes.
L:44 �. wnds GF smes• • shall--4 f0yF♦ - _ -
placed
2. Article 3, Fees and Revenues, §3.4 Tipping Fee Credit and §3.5 Consumer Price
Index (CPI) Adjustment are amended to read as follows:
ARTICLE 3 Fees and Revenues
§3.4 TIPPING FEE CREDIT: One component in the computation of multi -family
residential collection fees under this Agreement between CONTRACTOR and
2
Items &+ruok4h-r-u represent deletions, underlined items represent additions
..
CITY is disposal fees (tipping fees). Pursuant to the Agreement, CITY and
CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if
new technology is utilized by CONTRACTOR that provides verifiable cost
savings in excess of the cost of such technology that benefit CUSTOMER and
CONTRACTOR. The tipping fee credit shall be computed using the information
supplied by CONTRACTOR as required in Article 8. , .
mited
te,- 4G4Rfermat+GR4eq +red-PUf& a4-G)-
§3.5 CONSUMER PRICE INDEX CPI_) ADJUSTMENT: If this agreement is not
terminated as provided herein, on j-anumy4 October 1 of each subsequent year
hereof, the rate shall be adjusted by the same percentage increase or decrease,
if any, in the Miami All Urban Consumer Price Index (CPI), for all items for the
twelve (12) month period ending the previous Septerr}ber-� June 30. The CPI
adjustment of the rate to be effective Janua 1 2001 shall be waived and shall
become effective on October 1 2001 based upon the twelve (12) month period
ending June 30 2001 Miami All Urban Consumer Price Index. Notwithstanding
.the foregoing sentence, no CPI adjustment in the rate shall exceed four percent
(4%) for any one (1) year, except that in the event of an extraordinary increase in
the CPI in such twelve (12) month period, CONTRACTOR shall have the right,
between Decere er-31 August 1 and August 31 subsequent to
the twelve (12) month period, to petition CITY by filing with the Contract
Administrator for an adjustment in the rate above the four percent (4%) maximum
level. The CONTRACTOR'S petition shall contain financial information, which
shall substantiate the requested adjustment. The Contract Administrator shall
within thirty (30) days of receipt of the petition recommend .to the City
Commission that the petition be approved, denied or approved with
modifications. Approval, denial or approval with modifications shall be within the
sole discretion of the City Commission and shall be final and binding.
The Consumer Price Index Adjustment shall not be effective January 1, 1996 and
January 1, 1997 and shall be waived only for these two (2) periods. Thereafter,
CPI adjustments in the rate shall occur as set forth herein above and shall be
calculated as follows:
% CPI increase/decrease X current rate = rate adjustment.
3. Article 4, Term, §4.1 Contract Term is amended to read as follows:
Article 4 Term
§4.1 CONTRACT TERM: The term of this Agreement shall be for a five (5) year
period commencing on and including January 1, 1993 and expiring on December
31, 1997. Effective September 27, 1995 this Agreement shall be extended an
additional four (4) years and expire on December 31, 2001.
Effective 2001 this a reement shall be extended an additional three
3 ears and shall expire on December 31 2004. Service shall woe -moo
3
Items &tI44r�0 represent deletions, underlined items represent additions
later thaR feFty five 51�a�__f,em the .-irate thin rnntr rt is exeo ted-b rr
paFties-be continuous from date of execution of this addendum.
Article 5 Scope of Services, §5.2 Bulky Waste is amended to read as follows:
Article 5 Scope of Services
§5.2 (g) : BULK WASTE: Effective Jan_uary_1, 2002CONTRACTOR
shall negatiate riri+h G STOMER the cv
means �.- provide y bulk waste pick-up
means rs
service on a bi-annual basis i.e. two times per calendar year),
LD Contractor shall establish a schedule of bulk pick-up collection
days. which is a reed to by the City, on or before December 1st for
the following year. Bulk _pick-ups shallbe at a location mutually
agreeable to Contractor and Customer. In the event the Contractor
and Customer cannot agree onpick-up location, the City shall
determine the location. Pick-up location must be accessible to
Contractor's collection vehicles. Each item of Bulk Waste shall be
of a configuration, _weight -and size that _two _men can safely ick up
the Bulk Waste and place it in a rear load_ collection vehicle.
Contractor shall advise Customer in writin a minimum of 30 days
in advance of each bulk pick-up.
Any customer may request Bulk Waste: collection service in addition
to the above as prescribed in Section 5.2(g)(2).
(� CUSTOMER shall have the ability to schedule any additional
service on an as needed basis through CONTRACTOR who shall
provide the requested service within 4$ hours of CUSTOMER call.
The following methods and fees shall a 1 :
20 cubic yard open top container at a cost of jZaQ for delivery.
pick -Up -and disposal.
Collection and disposal of bulk items utilizing a rear load truck at a
cost of $25,,00 per item with a $50.00 minimum charge per call.
Article 6, Schedules and Routes, §6.3 Storm/Disaster is amended to read as
follows:
(This section intentionally left blank)
4
Items e#uGk4hT-u represent deletions, underlined items represent additions
Article 6 Schedules and Routes
§6.3 STORM/DISASTER: In the event of storm or other disaster, CITY may grant
CONTRACTOR reasonable variance from regular schedules and routes. As
soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and
the customer of the estimated time required before regular schedules and routes
can be resumed.
Where it is necessary for CONTRACTOR and CITY to acquire additional
equipment and to hire extra employees to clean city CITY of debris and refuse
resulting from the storm or disaster, CONTRACTOR shall work with CITY in all
possible ways for the efficient and rapid cleanup of such debris and refuse.
CONTRACTOR shall receive extra compensation above agreement for additional
employees, overtime and costs of rental equipment, provided CONTRACTOR
has first secured prior written authorization from CITY to utilize and hire
additional labor and equipment and to incur overtime. Said compensation shall
be calculated on the basis of CONTRACTOR'S actual costs for additional labor,
equipment and materials, plus a reasonable amount as overhead and profit to be
negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly
support its claim for additional compensation.
Listed below are the equipment and corres ondinA rates per hour for the
e ui meat which ma be necessa for storm or disaster clean up in the City of
Tamarac. This equipment shall plied on an "as needed" basis.
1 Boom Truck —Self contained thirty 30 cubic and o en bed
truck with a "clam bucket" loading mechanism for "on --site debris
pickup".
2 Rear Loader Truck — Thirt -one 31 cubic and Pa acit "rear
Load" packer type waste collection truck
�J_ Roll Off Truck --- Single truck operation ca acit to load/unload
ten 10 throu h fart 40 cubic and containers on site.
Effective the date of this agreement, —the char es _per hour for usa e of this
e ui meat will be as follows:
Boom Truck with driver / operator) __ _ $130.00 / er hour
Rear Loader Truck with driver plus 2 helpers) $150.00 / er hour
Roll Off Truck with driver / o erator. $110.00 / er hour
The foregoing rices and costs are subject to adjustment as set forth in Section 3.5.
5
Items s"Gk4hfu represent deletions, underlined items represent additions
6. Article 8 Rates, Records and Billing, §8.1 Rates, §8.4 and §8.5 are amended to
read as follows:
Article 8 Rates Records Billin
§8.1 RATES: The rates referred to in Article 9 shall be automatically increased or
decreased to reflect substantiated increases and decreases in disposal fees at
facilities used by CONTRACTOR. Such adjustments shall be effective on the
date the disposal costs are approved by CITY and calculated based on the
following applicable conversion factor:
The rate for multi -family service shall be adjusted either upwards or downwards
as a direct pass -through for any disposal fee increase or decrease based upon
the calculation of ten cents (.10) per cubic yard RGhlse4ee
for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton
tipping fee at the disposal site.
The tipping fee adjustment shall be calculated as follows:
(Total amount of dis osal fee increase/decrease X .10 =Increase/decrease per
cubic and
§8.4 When-t-he Billing is shall be done by CONTACTOR, G
on a monthly basis and CITY shall receive its franchise fee monthly within thirty
(30) days after the end of the month. CONTRACTOR shall provide CITY with its
payment of the
�ff ranchise fee, a lisfir�g-gf-a�ac"" P�w��°�
werL-, ;e_Wed---A&r--s+x , ng oollect+e4s the total amount
billed for the month, the total amount collected and a listing of all accounts and
balances that are in arrears over sixty (60) days. The contractor shall provide this
data in electronic format. G9NTRAGTGR--&ha"
info; m tkm _ba&ir� t{ Para i s#� CONTRACTOR
within sixty (60) days after h
of agreement and annually thereafter shall provide the CITY with a list of all
accounts indicating CUSTOMER name CONTRACTOR'S account number,
location and billing address which shows the quantity and size of containers and
frequency of ick-u for each account.
(4)A4is�f-ail- GGaUnt4S,�► e-a
E2444e-tetai-aR4ounz #-o-each-aG-G n
rr-han
i on . The
CONTRACTOR on an annual basis shall provide CITY with a re ort of the total
6
Items 6#u► ,k-4hru represent deletions, underlined items represent additions
t_onna a of solid waste collected from mul!ti-fam
rril esidences within Jhe CITY
during the previous twelve 12 month period. Said re ort shall break out the
tonnage collected during bulk ick-u s.
7. The February 24, 1993 Agreement between CITY and CONTRACTOR and all
subsequent amendments and addenda thereto not subject to this or other duly
executed amendments and addenda remain in full farce and effect. Failure to
specifically delineate any prior terms or conditions in this addendum does not
operate to relieve CITY or CONTRACTOR of any obligations pursuant to this
Agreement or waive any rights contained therein.
8. The effective date of this Addendum to the Agreement shall be the date of
execution by the last party to execute.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the February 24, 1993, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and Waste Management, Inc.,
of Florida D/B/A Southern Sanitation signing by and through Phillip Morris, Division Vice
President, duly authorized to execute same.
ATTEST:
Marion Swen n
City Clerk
Date: X/K/o
d as to form and I(�4al
A
Mit Il S. Kraft
City Attorney
CITY OF TAMARAC
By:
Joe Schreiber,
Mayor
DATE: __fl71
O�
Jeff�rey—L�M er
City Manager
Date: F/7 /0
7
Items stm- ck thrw represent deletions, underlined items represent additions
ATTEST:
Secretary M5,,-st" Sr,,)
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA )
COUNTY OF BROWARD )
CONTRACTOR
Waste Management Inc., of
Florida, D/B/A Southern
Sanitation
a
U�
Mor i Division Vice
President /%`CL�
Date:�S'1n
Before me personally appeared AawLMet",,, , 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 had and official seal this &QU.�day of _ , 2001
My Commission Expires:
Personally known ( vl )
Produced Identification ( )
Did/Did Not take an oath ( )
�[- "
Notary Public, State of
Florida At Large
Print or Type Name of Notary
•wrwr rrrrrrrrrrrrrrrrrrrrrrrrrr�
�•••..1w.ww.■•.&w■w1♦w w....ww�.�
8
Items &"Gk4h-ru represent deletions, underlined items represent additions
WASTE MANAGEMENT INC. OF FLORIDA
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned states that he is the qualified and acting Assistant Secretary of Waste Management
Inc. of Florida, a Florida corporation (hereinafter "Corporation's and that the following is a true and
correct copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent
appears in full on the books of the Corporation and remains in full force and effect on the date hereof.
RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the
February 24, 1993 Agreement between the City of Tamarac and Waste Management Inc. of Florida
D/6/A Southem Sanitation for Furnishing Multi -Family Solid Waste Collection.
FURTHER RESOLVED, that Phillip Moms, John Casagrande or any officer of this Corporation be
and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the
Corporation, any and all agreements, contracts, documents, certifications, deeds, and memoranda
deemed by him to be necessary and appropriate to effect the herein authorized Resolution.
WITNESS my hand and the seal of the Corporation this 10 day of July 2001.
RONALC5', I. K^LAN
Assistant Se et
WASTE MANAGEMENT INC. OF FLORIDA
ASSISTANT SECRETARY'S CERTIFICATE
The undersigned states that he is the. qualified and acting Assistant Secretary of Waste Management
Inc. of Florida, a Florida corporation (hereinafter'Corporation j and that tho following is a True and
correct copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent
appears In full on the books of the Corporation and remains in full force and effect on the oate hereof.
RESOLVED. that the Corporation is authorized to enter into that certain Second Amendment to the
February 24, 1093 Agreement between the City of Tamarac and Waste Management Inc of Florida
D/61A Southern Sanitation for Furnishing Mufti -Family Solid Waste Collection.
FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be
and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the
Corporation, any and all agreemenLs, contracts, documents, certifications, deeds, and memoranda
deemed by hire to be necessary and appropriate to effect the herein authorized Resolution.
WITNESS my hand and the seal of the Corpora
AGREEMENT
BETWEEN
THE CTIT OF TAMARA C
AND
WASTE MANAGEMENT INC., OF FLORIDA
D/B/A/ SOUTHERN SANITATION
FOR
FURNISHING
MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
FEBRUARY 24,1"3
AGREEMENT
BETWEEN
THE CITY OF TAMA RA C
AND
WASTE MANAGEMENT INC., OF FLORIDA
D/B/A/ SOUTHERN SANITATION
FOR
FURMSHV1 iG MULTI -FAMILY SOLID WASTE COLLECTION SERVICES
This is an Agreement dated the 24th day of February, TA-MARAC, a political subdivision of Broward County, Flida, itsbetween cessors and a1TssYi OF
(hereinafter referred to as "CITY"), through its City Council, and Waste Management Inc., s
Florida ACT Southern Sanitation, its successors and assigns, (hereinafter referred to of
s
"CON7 RA,CTnR"). �
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth. CITY and CONTRACTOR hereby agree as follows:
Definitions
1.1
403.703 Florida Statutes. Shall have the meaning set forth in Section
1.2 bldJKA�' : Stoves, refrigerators, water tanks and other waste material other than construc[ion�deb s washingmachines,
orfurniture
u volumes
greater than those allowed for containers generated incidental to the use of the
occupancy of the prppertm y where the bulky iteis placed for collection.
1'
commercial Retail, professional, wholesale and industrial facilities and other
enterprises offering goods or services to the public.
the City of
1'4 Ta' Business establishments (for profit or not for profit) within
marac.
1.5 : Multi -family residential apartment
Browa.rd County tax rolls as condominium owe pbuildings
�essmentrand are
designed for mechanical container (dumpst.er) garbage and trash pick-up.
1.6
Waste building materials resulting from
construction, remodeling, repair or demolition Operations.
I.7 An dum compactor, g
as dY psterfi, com actor roll -off container, garbage can or bag.
defined herein.
designted
n Or
1.E
Any condominium or m -family anizati do that utilizes the
representative of a condom condominium
rm or homeowner
services of the CONTRACTORlegged, fur,
1.9
: Dead animals shall mean any four legged, two
fin, feather livestock, housePESDANZIALHhold pet or otherwise.
��: A site or facility legally empowered to accept solid waste fogroward County. an
r
Ireatment or dispo
1.10 sal as approved by the City of Tamarac.
the State of Florida governing agencies.
1 11DUDj: Any detachable metal front
container d loader designed
rear-end loader truck or
mechanically dumped into a fork -type front
similar mechanism garbage truck and varying in size from two (2) to eight ($)
cubic yards.
1.12 DUPLEX: A detached two-family structure designed or intended for occupancy
by two (2) families.
1 13 : All waste and accumulation of animal, fruit or vegetable servingor terstothat
attends, or results from the preparation, use, handling, cooking, ter of any nature
of meats, fish, fowl, fruit, and/or vegetables or any
of noxious r
whatsoever which is subject to decay and the genera
erve as breeding orf feeding
gases or odors, or which, during or after decay,
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 an other
: All accumulations of grass, leaves,
1.14
shrubbery, vines, tree branches and trimmings which are normally associated with
the care and maintenance of landscaping.
: All accumulations of paper, magazines, packaging,
Lisre
containers, sweepings and all other accumulations oafa iotu e other
t a agarbae
stores,
or lawn clippings, which are usual to housekeeping n
offices or other business places.
1.16 A residential building which contains more
than one (1) living unit, including b limited
tCO condominiums
NTI�ACTORS drvicpe exec,
do not
City may designate duplexes which require
1 17 : Shall mean the form of security approved by the
city and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
agreement and will pay lawful claims.
1.18 : An occupant of a residential unit who generates refuse.
1.19
Any vehicle which is not in violation of any provision
of this Agreement is a proper vehicle.
Garbage, rubbish, bulky waste, construction or
1.20
demolition debris and other discarded matter within the corporate limits of e
city.
1.21
All administrative rules, regulations and procedures
that may be established for thePurposes of carrying out or making effective the
provisions of this agreement
1.22
All refuse collection service
provided to all residential dwelling units, including townhomes, duplexes,
triplexes, condominiums -and all other multi -family dwelling units within the
service area_
1.23 1 r
Containers
range capacity from 1Q to 40 yards pen top) large-
accumulations
Sulations of refuse with a
compatible). to 45 yards (compactor
1 24 R"JUSH: All waste wood, wood products, tree
plants, weeds, leaves, dead trees or branches thereof, WhiIrigs' grass cuttings, dead
Printed matter, paper, pasteboard, rags, straw, used and discarded mattrresses used
and discarded clothing, used and discarded shoes and boots, combustible waste
Pulp and other products such as are used for packaging or wra crockery and
glass, ashes, cinders, floor sweepings, glass, mineral or metallic g substances, and
any and all other waste materials not included in the definition of Bulky Waste
Construction Debris, Garbage, Hazardous Waste, and Special Waste
1.25
The work under this Agreement shall consist of the
sir ]eWork,n, mater7als, equipment, labor and all other items necessary to complete
aatd work, P
1.2b : City limits of City of Tamarac.
1.27UE-Clexceeds the uruforrn level of Any
lection or e provided under residential
provided which
per the a reemen and for which a special service charge is a ttal service systems,
g t' Pe
1.2$ g applied.
ALLMASU
chemAll waste which by the nature of its size, Night or
ical content require$ special handling in either its collection or disposal. includes but is not limited to t7ee trimmings and branches exceedingth
weight defined in Garden and Lawn Trash, or Yard Trash, ha P al 'I�us
appliances bulky e size or
household items, large hazardous materials,
abandoned vehicles or vehicle $ furnrture items, construction materials,
explosives, radioactive materials or liquid �,parts,
� o ��y 1animals, at m�mables,
lawfully disposed of at the disposal facility utilized by the CONGA-py not be
1.29 R.
to i�Y�� Shall ofe��Y who is bonded with and for the CONTRACTOR
Performance of the agreement. awful debts pertaining
ep able
g to and for the acceptable
I.30
washers, water heaters and others- milar Borne Discarded
refrigerators, ranges,
1.31
landscaping resulting
maintenance and shalall n vegetative
terials such from yard and
trimmings, grass clipping s, h as tree and shrub
exceed four (4) feet in lenthpartd orur ��)�nches in tree
artebranches which shall not
bundled and placed curbside for regular collection. 'Such trash shall be
3
Grant of Franchise
of the CONTRACTORS performance hereunder and compliance
with the
considerationIn rTy
CITY hereby grants to the
ns set forth herein and an the ordinance
regulations of the C
covenants and conditions public streets,
governing the collection of residential solid waste, u ose of engaging in
TOR the right pursuant to Article 7.19 of f the CITY for thre pure the p within the
CONTRACTOR g orate limits
alleys and thoroughfares within the Corp residential customers located w
CITY pursuant to the terms of this Agreement, but not other -wise -
the. the business of collpce on of solid waste for multi-fam y
corporate limits of d title toll o f thwaste materials covered by this franchise Agreement and
The CITY shall retain vestee CITY until same are collected by CONTRACTOR;
limits
generated within the corporate tuna CTOR
at which time, tide shall pass to CONTRACTOR,
collection program outside of this
ht to establish a separate recycling reduction
-I-he CITY reserves the rig lactic or other materials• However, any
lam' p in this Agreement due to a reduction in
Agreement for newspapers, aluminum' of pick-up for recyclable
un t}�e size of the container and/or frequency p CTOR and CUSTOMER.
the volume of solid waste collected as a ions betvreennthe1C0 recycling program ° er urisdiction
sult Of
materials shall be the subject of negotiations
Legal procedure shall be invoked in a Brow d County�° to a�eductiog Proper
n.
pursuant to Article 17 in the event that the p
Fees/Revenues
rant contained in Article 2 hereof,
l In consideration of the g compensation for the right to
SIRLE-Uthe CONI RACi OR hereby agrees to pay CITY Y compe
equal to
use its streets, alleys and thoroughfares a71 amount
d nvedsfroro reset idtr ential services
c.
fifteen Per (15%) of all Gross Receiptsof
multi -family) solid waste customers within the days afttee°the end of the month•aA
Payments shallbe
d shallolae laterthanthirty (3) Y
franchise fee oaid retroactive from October 1. 1992 until effective
date of Agreement.
CTOR shall provide to CITY notarized monthly and5t�atem n should
statements
CONTRA an authorized representative of CONTRACTOR.
signed by ments and identify in detail the categories and amounts of Gross
accompany pay CTOR based on the records of CONTRACTOR S
Receipts received by CONTRA
during the month for which payment O%CTORf to
or refuses to make
performance under this Agreement maintain an action against
such reports and payments, CITY may
liecting
CONTRACTOR to recover the same aaa result of anses of cO annual a dit pursuant to
including reasonable attorney fees. If,have pursuant
to the
8.2• there is a discrepancy between what to be d aid to CITY p to C
or
franchise fees versus what was required pifference due
en CONTRACTOR shall be responsible a no or �ater than thirty (30) days
Agreem Such difference shall be du
and owing to CITY.
o CONTRACTOR of said difference.
after delivery of notice t
It is further understood and agreed that the consideration the d p rsua i togarthis
Agreement shall not be added on as a separate i rational expense.
collection bills, but rather shall be considered as an operational
3.2
In the
methods of collection and disposalvof soent lid CONTRACTOR establishes an other time, a percentage of gross receipts from such collections te, CITY lwhtahli should that
included in the calculation of the amounts due.
ould be
3.3
payment for this franchise on or before the datethe event dueCONTRACTOR fails to make the
CONTRACTOR shall pay an interest charge for each month, or a fraction
provided,
that payment is ]ate. An Interest Factor sh
Chase Manhattan Bank N, all be based an the rac[ion theree rate for of,
as follows: A plus One Percent (1 %) calculation wnillmbe illustrated
Prime Rate + x %13fi5 days; (DIR Dail
DIR x Days Payment Late_ ) Y Interest Rate
—Interest Charge
IQU: Regardless at the foregoing, g, the interest rate referred to in this
section will comply with all a g
PPliCable state laws.
3.4
residential collection fees under ne coLhJmponent
ihe computation of multi -farm]
C1Ty is disposal fees (tipping fees). between CONTRACTOR
CONTRACTOR shall negotiate an adjustment nt to the Agreement and
new technology is utilized b to the fee schedule in ITS' and
savings in excess of the cost f CONTRACnology TOR
CTOR P Article 9 if
such that rovides verifiable cost
CONZ�ACTOR_ The tipping fee credit shall that benefit CUSTOMER and
supplied by CONTRACTOR as p using the information
to, the information r required in Article 12, including,
equired pursuant to Section 12.1(c) but not limited
terminated as p
rovided herein, on if this agreement is not
rate shall be adjusted bJanuary 1 of each subsequent year hereof, the
Miami All Urban Consumer same- percentage increase or decrease, if an
month period endingp Index (CPI) For All Items for the twelve (1in 2j
sentence, no CPI the previous September 30.
adjustment in the rate shall exceed our PeStanding the foregoing
(1) year, except that in the event of Percent (4%) for any one
twelve (12) monthan extraordinary increase in the CPl in such
December 1 and Decpmberd�31 CONTRACTORbhe all have the Petition CITY by filinga twelve (12) montht'peri dbetwe to
adjustment in the rate b Pe the fourth the Contract Administrator for an
CONTRACTOR'S petition shall contain efinancialrcent i n o oration level. The
substantiate the requested adjustment.
day (30) days of receipt of the 1e Contract Administrator
which shall
Petition be a P Petition recommend to the City Co shall within
approved, denied or approved with modifications
. City Council that the
approval with modil;cations shall be within the sole discretion of
and shall be final and binding. APProval, denial or
the City Council
AT$eL"
4.1
CnmencinThe term of this Agreement shall be for a five S
31, 1997, ce g on and including January 1, 1993 and ex ()year
this contract is e ecu shall commence no later thanp'nng on December
y both parties. forty-five (45) days from the date
5
City shall have the option to extend the term of this
4.2 s written notice.
Agreement on a month -to -month basis on thirty ( )
This Agreement shall be renewable by agreement of both
4.3 eriod. This option may be exercised by action
parties for one (1) three (3) year p
of the City Council and CONTRACTOR during the month of July 1years.o These
nev
that the total rerna►�ing agr dieti nl of the CTTI�Y, andif exercised by CITY,
options are available at the solescrices CONTRACTOR shall be required
to provide
agreement term- same
aeC� hall n t have
terms and conditions for the extended
obligation to exercise these options.
Scope of Services
MnACTOR hereby agrees t o be the solid waste collector and to collect all
solid waste generated by multi -family call e eidcluded in thicustomers within
ithi n�the corporate
limits of the CITY, except as specs y
5.2 _ -shall be provided regular refuse collection
times r week under this Agreement. All multi -family
service at least two (2) l�
units are required to receive such service.
(b) : CONTRACTOR shall provide
mechanicallcontainerized (dumpster) refuse collection service_at least two (2)
times per week under this Agreement.
CONTRACTOR will also provide the
(c)
means to decrease container size f in q cle 9.1. During
hebfi sit on
reof the
of garbage volume as described
contract, service level can be adjusted quarte and thereafter service level may
be adjusted no more than twice per year.
(d)
Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTORn�haNTRACTOR shall suired to petrvice all residential
on all
holidays other than Christmas Y pick-up shall be made
customers twice during Christmas week and at least one (1) p P
after Christmas Day.
(e) -Container refuse customers shall accumulate
refuse at locations that are mutually agreed upon by the customer and
CONTRACTOR and which are convenient for collection by CONTRACTOR.
Where mutual agreement is not reached,, location.shall coordinate with
NT COACTOR and CUSTOMER to designate
(f)'
First collection per day will not begin Prior to
8:00 A.M. or pursuant to Section 9-91a°sfthe City Cydvia duly
herein
attached as Exhibit "B" or such timeby
enacted ordinance.
(1)
(2) CONTRACTOR shall provide service Monday through Saturday,
(3) CONTRACTOR shall not make any
Sunday. waste collections on a
(g) : CONTRACTOR shall negotiate with CUSTOMER
means to provide bulky waste pick-up. the
5.3
request additional garbage collection service in co ma CUSTOMER
Ehe rates
established in Article 9. nforman
5.4
minimum of noise and discurbanc�e.RACTOR shall make collections with a
CONTRACTOR and shall be thoroughly emptied sand eftshall bwhere the handled carefully were
by
d.
This work shall be done in a sanitary manner. y Y ere found.
receptacle found in an enclosure of an An Waste spilled by the
p and removed by CONTRACTOR.
properly in such, enclosure. Y kind shall be replaced securely and Customer's garbage the event of damage by CONTRACTOR of a
timely repair or replacem receptacles,t. CONTRACTOR shall be responsible for the
5.5 : It will not be the responsibili
waste resulting from clearing property for buildin ty of CONTRACTOR to remove
..contracted to do so, g purposes, unless specifically
Schedules and Routes
6.1
CONTRACTOR. CO Collection routes shall be established by
FACTOR shall submit a rna
routes to the city for its a p designating the collection
Withheld. City may approval, which approval shall not be unreasonably
y amend the collection routes annually so Ian
amendments do not increase the cost of CONTRACTOR to provide the
contemplated herein. g gas such
services
6.2
that at times during �h-��te uanti 'CONTRACTOR acknowledges
fluctuation in the amouby
nt of garden and and trash se is materially
be considered a justification for the failure of CONTRA l increased of
established schedules and routes, CONTRAThis additional load will not
removal of all refuse.
CTOR shall CONTRACTOR
o ponsibltlee o�
6.3
CONTRA t In the event of storm or other disaster, CiTy
CTOR reasonable variance from regular schedules and routes. may grant
as practical, after storm or disaster, customer of the es CONTRACTOR shall advise CITY soon
be resumed. estimated tinge required before regular schedules and routes the
an
Where it is necessary for CONTRACTOR and CITY to acquire
equipment and to hire extra employees to clean city of debris an additional
from the storm or disaster, CONTRACTO shall work with C
ways for the p d refuse resulting
efficient and rapid "cleanup of such deb ITy in
Possible sse.
7
CONTRACTOR shall receive extra compensation above agreement for additional
employees, overtime and costs of rental equipment, provided CONTRACTOR has
first secured prior written authorization from CITY to utilize and hire additional
labor and equipment and to incur overtime. Said compensation shall be calculated
on the basis of CONTRACTOR'S actual costs for additional labor, equipment and
materials, plus a reasonable amount as overhead and profit to be negotiated.
CONTRACTOR shall provide CITY with sufficient records to clearly support its
claim for additional compensation.
6.4 ML CXJ., E : Employees of CONTRACTOR shall not be required
to expose themselves to the danger of being bitten by dogs or other animals in
order to accomplish refuse collection where the owner or tenants have such
animals at large. CONTRACTOR shall immediately notify CITY in writing of
such condition and of its inability to make collection because of such condition.
ARIMMI
Disposal of Solid Waste
CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this
agreement to the approved Broward County Recovery Disposal facilities or to any transfer
station which may hereafter be utilized in the future by CITY and approved by Broward County
(such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by
CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of
disposal site for disposal of residential solid waste collected, pursuant to this Agreement All
alternative disposal saes must be approved in writing by CITY prior to use by CONTRACTOR.
All laws, rules and regulations governing hours of operation and disposal practices at disposal
sites shall be strictly observed by CONTRACTOR, The parties hereby agree that all services
provided by CONTRACTOR pursuant to this agreement shall be carried out in a confident and
business -like manner and in compliance with the standards and specifications set forth in the
attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any
subcontractor without written prior approval by CITY.
Any revision or establishment of new performance standards shall be approved by Council and
upon such approval, shall become a part of this agreement as though fully set forth herein. The
allocation of any and all costs which may be hereafter incurred by CONTRACTOR in
conforming with any changes in the performance standards, shall be negotiated by
CONTRACTOR and CITY in good faith.
ARTICLE �
Rates, Records, Billing
8.1 $AUS: The rates referred to in Article 9 shall be automatically increased
or decreased to reflect substantiated increases and decreases in disposal fees at
facilities used by CONTRACTOR. Such adjustments shall be effective on the
date the disposal costs are approved by CITY and calculated based on the
following applicable conversion factor:
The rate for multi -family service shall be adjusted either upwards or downwards
as a direct pass -through for any disposal fee increase or decrease based upon the
calculation of ten cents (.10) per cubic yard plus the applicable franchise fee for
each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton
tipping fee at the disposal site.
(a) In addition to the rate adjustments described above, CO
petition CITY any time after the first NTRIACTOR may
adjustment. CITY reserves tF,e right to r v uu� date of this agreement for a rate for any rate increase proposal including angaudit of applicable records b C
ditional information as backup
Finance crease
or agent thereof, COY ITY'S
increases must be approved b NTRACTOR recognizes that all rate considered on a timely basis by yClerylu[ion of the City Council and shall be
increase prior to approval by CiCouncil and notices CONTRACTOR toall not residenbts including
rate
the initial rates described herein. CITY shall have thin
submission of the rate request b Cp uding
additional back-up Y NTRACTOR in which to request n writiorig
P information.
(b) In the event that rates are increased or decreased
landfilUincinerator/disposal site and/or by Braward County or an other
governmental agency C at the
fees based on formula as specified in notify 1COIVTR'°'CTOR within Y er state or
thin► 1 S days to adjust
(c) The rates quoted are to apply to any area annexed
(d) CONTRACTOR into the city.
problems that May shall work with CITY to resolve an
not limited to y arise during the term of the agreement, This includesorbut is
providing extra crews and equipment in times of emergency,
Providing dumpsters in times of emergency,
disposal of any unusual amounts of garbage d assisting
g g trash accumulated acted collectionythe and
departments of the city. y the various
Principal place a�bu within Browarrees to maintain,
at his local office or
relating to the performance of its obligation under booksand records
CONTRACTOR agrees to maintain se Agreement.
identif separate records in a form sufficient to
y gross receipts from the City of Tamarac from gross receipts for oche
murucrPahUes, operations. Audits, upon reasonable notice by the City, Performed more frequently r
q Y than twice a Year during h'. shall not be
may, upon reasonable notice, cause an audit to beg normal working hours. CITY
by an independent party designated b Performed by city persdanel or
books and records relatingto its y CITY of that Portion of CONTRACTOR'S
an annual audit Performance under this agreement_
TIC Pursuant to this Provision shall be reimbursable costs cunder
Section 13.3 performance evaluation and monitorin
work papers can be removed from the inspection locationg•. No on rnal notes or
8.3 M-LING:
(a) CONTRACTOR shall be responsible for monthly customer collection. CONTRACTOR'S telephone number shall be included
to customers and b' mer billing and
ills for service. on all notices
d CITY shall Provide CONTRACTOR NTRACOR with a list of all customers, billing
service. type of service and frequencyof collection prior to commencemen
t of
(c)
discontinue a customer��,sse-r�vic�e��:for non -pa CONTRACTOR
due in excess of sixty Ym a customer's account temporarily
non-payment, the customer epositamayustoors service has
applied to the customer's account.
for
9
(d) Service shall be restored upon payment of account by customer.
CONTRACTOR may charge a service fee of $15.00 when service is being
restored after being disconnected for non-payment. CONTRACTOR may charge a
monthly late fee, not to exceed one (1%) per cent of any past due balances in
excess of thirty (30) days. CONTRACTOR shall notify CITY of the
discontinuation of a customer's service, if such service is not restored within ten
(10) days.
(e) : CONTRACTOR may require a deposit not to
exceed twice the fee for montlrly service. If CONTRACTOR is providing a
mechanicallbulk container to the customer, the deposit may not exceed the total of
the fee for two months service plus one hundred ($100) dollars for each yard of
the mechanical container capacity provided. All deposit schedules shall be
uniformly applied. If a customer's service has been discontinued for non-payment
twice in a twelve (12) month period, CONTRACTOR may require an additional
deposit equal to fifty (50%) per cent of the regular deposit. Customer deposit shall
be returned or applied to the final bill when the account is closed and service is
discontinued. Customer deposits shall be held in escrow by CONTRACTOR, and
any deposit not refunded to customer shall be transferred to the city upon
expiration or termination of the agreement.
8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and
CITY shall receive its franchise fee monthly within thirty (30) days after the end
of the month. CONTRACTOR shall provide CITY with its payment of the
franchise fee, a listing of all accounts for which no collections were received after
sixty (60) days, a listing of all collections -and a listing of all accounts that are in
arrears over sixty (60) days. CONTRACTOR shall provide CITY with said
information on an annual basis from multi -family customers. CONTRACTOR
within sixty (60) days after commencement by a contract shall provide CITY
with:
A list of all accounts by name and numbers.
(2) The total amount billed to each account.
8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route
within CITY without commingling trash/garbage with any other route (other than
CTTY'S) and provide CITY with an accurate tonnage weight analysis.
dRT1Cr.r 9
C0111pensation
9.1 : CONTRACTOR shall be paid the following sums for all
service that it provides within the CITY.
oFrlorj v . I . . . .
Container 1x per
Size week
2x par 3x �y
per 4x par 5x pot 6x
week per
week week
week week
2 cu. yds.
61.69
3
118.12 174.5` 230.98 287.41 343.85
cu. yds.
76,81
148,27 219.73 291.19 362.65
4 cu. yds.
434.11
92.82
5 cu_ yds.
179.31 265. 80 352.29 438.78 525.26
108,45
B cu, yds.
209,97 311. 4 6 413. oo 514.52 61 6.03
124.01
t3 Cu. yds.
240.62 357,16 473.7590.25 1 706.etl
154.91
301.52 448.1 594.72 741,32
(d)(1) Op710Nq(_
887.93
SERVICES:
ta) Casters:
(b)
(up to 4 cubic yards per container)
Rollout:
S —-- Per month maintenance per container
------xu__ par month
per container for short, easy
S 1rollout, 1 time Per week
-- Per month for each addilional (Jay per week
s �
Per month for long, difficult rollout time
Per wook
Per month for each
(c) Unscheduled or week additional day per
special pickups
s`� 7"5-�-
(d� cted
Per u n �mPacted yard
rales (Ratio 4 l0 1)
1 l 9467
2 cubic yards Per pinup
3 cubic
---
yards
4 cubic Yards picktrp
��]---�-.97p2"1a�,-
5 cubic yards Per pickup .
Pot Pickup
6 cubic yards per
picku
'h11 Ratcs Arc 3nclusiv� of Franr.hisc Frrs
U ni is G u aran tees
10.1 Those units which currently are to receive service are
contained within the designated multi -family residential areas, condominium
designated areas as defined in Article 1.5 and Article 1.16.
Contractor's Local Office
11.1
: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County and shall designate in writing within ten (10) days
e served
from
execution of twiceAgreementupon
ONTRACTOR'S agenton �shall always l notices may banstt constitute
from CITY. Service p
service upon CONTRACTOR.
11.2 HOU15: CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
8:00 A.M. to 5:00 P.M. , local time, Monday through Friday.
11.3 : CONTRACTOR'S local office shall have a responsible person in
charge during collection hours on collection days, shall be equipped with
sufficient telephones, a local telephone number, and sufficient attendants to
receive telephone calls. Attendants shall receive calls in a courteous and polite
manner, -record all complaints, -and resolve -all complaints 'in ,an --expeditious
manner by the end of the next business day.
Contractor's Relation to City
12.1 : The relationship of CONTRACTOR to the
CITY shall be that of an independent CONTRACTOR, and no principal -agent or
employer -employee relationship between the parties is created by this agreement
By entering into this agreement with CITY, CONTRACTOR acknowledges that it
will, in the performance of its duties under this agreement, be acting as an
independent CONTRACTOR and that no officer, agent or employee of
CONTRACTOR will be for any purpose an employee of the City of Tamarac and
that no officer, agent or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or officer under any provision of the
statutes of the State of Florida or ordinances of the City of Tamarac.
12 2 : This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its power
to make other reasonable requirements or regulations pertaining to the subject
matter hereof, and CITY hereby expressly to secure the safety,rves the tio make all
welfare and
regulations which may be necessary or prop
accommodation of the public, including, but not limited to, the right to adopt and
enforce regulations to protect and promote the health and general welfare of the
public from danger and inconvenience in the management and operation of
garbage, and Solid Waste services detailed herein. Nothing herein contained shall
constitute a waiver of any of the requirements of the rules and regulatlbns 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.
12.3 : CONTRACTOR shall perform every reasonable
act to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that CITY may be fully informed of the
quality of the service, CONTRACTOR shall arrange the handling of complaints
in substantially the following manner, all complaints, whether received in person,
by mail or by telephone, shall be reported in CONTRACTOR'S log approved by
Contract Administrator and furnished by CONTRACTOR. A copy of the log is
available to CITY upon request. Complaints received before 12:00 noon shall be
serviced before 5:00 p.m. that day. Complaints received after 12:00 noon shall
be serviced before 12:00 noon on the following calendar day. CONTRACTOR
shall be available at CITY'S request to CITY action taken on complaints.
Legitimacy of challenged complaints may, at the option of CITY, be determined
on the basis of a joint inspection by a representative of CITY and a
representative of CONTRACTOR. CONTRACTOR shall maintain a customer
complaint log during the terra of this Agreement, and shall maintain lfor five
years from the date of the complaint. og
12.4 DTSCRTMTNemT/lAT
CONTRACTOR, in the execution, performance, or atte
agreempted 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
VT of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American'7isabilities Act of 1992),-iinderstand and agme-ffiatIMs-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.
Employer and have an affirmative
action plan and not discriminate on the basis of handicapped status.
CONTRACTOR must be an Equal Opportunity
12.5
(a) CONTRACTOR shall assign a qualified person or persons to be in chare
Of its operations in CITY and shall give the name or names to CITY; infog
rmation
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.
(c) Each Driver shall at all times, 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,
13
12.b :CONTRACTOR, at its sole cost and expense, shall furnish and
maintain all equipment as is considered necessary to perform the work in an
acceptable manner and at a satisfactory rate of progress. The 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
andlury to prsons, all other persons who may be affected he ebymployees
m perforing such
CONTRACTOR shall comply with all Federal, State, and Local rules and
regulations when conducting operations pursuant to this_ agreement.
CONTRACTOR shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations in the ownership, title, maintenance,
or operation of the equipment and such files and records shall be available upon
reasonable notice for review by CITY.
12.7 •All vehicles and equipment used by
CONTRACTOR for the collection of residential solid waste shall be clearly
marked with the CONTRACTOR'S name and telephone number in letters of a
size. sufficient to reasonably identify the vehicle, but not less than five (5) inches
in height. CONTRACTOR shall also assign to each of its vehicles an identifying
number and shall mark the same upon said vehicles in figures not less than five
(5) inches in height.
12 $ M • CONTRACTOR shall
provide its customers with appropriate containers for collection of residential
solid waste, subject to the following requirements; all such containers shall be
constructed according to the generally accepted industry standards. All roll -off
containers shall be covered to prevent the scattering of the containers contents
while in transit. All such containers shall be cleaned and maintained on a regular
basis by CONTRACTOR so as to be in good repair. All containers shall be clearly
marked with the CONTRACTOR'S name and telephone number in letters not less
than two (2) inches -ei forty-eight (48) hours if CONTRACTOR
by CITY orpts customers.lace aged
container within rty g
12.9 JILA • CONTRACTOR shall establish and enforce in
its operations and among its employees such regulations in regard to cleanliness
in the collection of solid waste as will tend to prevent the inception and spread of
diseases and to effectively prevent the creation of a nuisance on any
property
either public or private. CONTRACTOR shall maintain at its sole cost and
expense to copies all either from the City, Cts and licenses ounty, State or Federal Government.
uired for its collection of residential
solid waste
Performance Evaluation and Monitoring
13.1 •CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis. The Evaluation Plan attached
14
hereto as Exhibit "F" contains detailed standards for such evaluations. The
Perforruance Evaluation Plan may be revised unilaterally by CITY at any time
dig the term of the Agreement or any renewal period provided, however, that
any such revision will be effective only upon reasonable notice to
CONTRACTOR. CITY from time to time may unilaterally determine which
Operations are to be evaluated during a particular period. CITY, through an
independent third party Contractor of its own selection, shall evaluate technical
Performance, including reliability and schedule performance, program
management. The cost of such third party CONTRACTOR shall be a
reimbursable cost under Section 13.2.
13.2
all documentable, out-of-pocket cosO� CONTRACTOR
reimburse
for
connection with the award of this Agreement to by the 30th day after the execution of this Agreement, CONTRACTOR. halll submitoo
COFACTOR a detailed list of all such costs which are reimbursable pursuant
to this provision. Such costs shall be certified as to their completeness and
accuracy by CITY and shall be deemed accurate unless the CONTRACTOR
notifies CITY in writing of its disagreement to any such costs within thirty (30)
days after receipt thereof. Reimbursement b CO to this provision shall not exceed an aggregate amount CONTRACTOR to t nCthousand add
N0/100 dollars ($10,000.00) and shall be paid by CONTRACTOR forty-five (45
days after receipt of invoice from the City. )
13.3 FT1Tr7vv
13.4
T CONTRACTOR shall annually reimburse CITY for all costs that are
recurred in monitoring and evaluating CONTR,e,CTOR�S performance under this
Agreement. Such costs shall be submitted to CO adrty (30) days alter the completion of each Agreeement Such ostsOR in gshall m
certified as to the completeness and accuracy by the City Mang er.
deemed accurate unless CONTRACTOR nog and shall be
disagreement with any such cost within of its
tifies CITYthirty (30) days after receipt writingthereof.
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 $1500000 f
agreement year.
, . or any
CONTRACTOR shUl
all fail to perform any of the material provisions n the ethis
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 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 n s' C
same shall constitute an Act of Non-Com Hance. � of those efforts, the
compliance, CONTRACTOR shall a CITY
each Act of Non -
Dollars ($500.00 pay ITY the sum of up to Five Hundred
Per day for each day that such Act of Non-compliance shall
continue. This remedy is hereby expressly made cumulative of other remedies
available to PARTS at law or in equity for breach of this Agreement,
15
13.5 time whenever
(a) CITY reserves the right to terminate the Agreement at any
provided by CONTRACTOR fails N meetreasonableOf the deficiencies i sthas
t1e �'�"� P fives written notice to CONTRA
trade, after CITY g may call
h in the written notice within fourteen (14) days of the receipt y
set fort Upon termination, C for the
CONTRACTOR of such olice from Cam• p ed to CM
the Surety and apply the proceeds to the cost of service charged
balance of the Agreement.
employee °r any other similar labor dispute
(b) In the the e
event of a strike by Agreement by CONTRACTOR substantially
which snakes performance of tlus CITY shall have the light to call the
impossible, CONTRACTOR agrees o provide necessary service
Surety Bond and engage another f"irna p
Y a
CONTRACTOR shall furnish toe faithful
h 1
13.6 better of Credit or Cash Bond guaranteeing table to
Performance Bond, shall be in the form acceptable
performance of this Agreement. The security Agreement and in an amount
the City Attorney and shall be for the term of this s s the dale 11
to Two Hundred and Fifty Thousand ($250,OOp�D�10) days security shall
equalCONTRACTOR within other
exof
furnished to CITY by CONTRA newal thereof. Without limiting any st h
execution of this Agreement or any CONTRACTOR
any
indemnity provisions herein, such security shall default by CONTRA
loss, expense, cost or damage resulting from any CTOR The City Attorney is
hereafter or any failure of performance by CONTRA
to approve not only the form of the ecu of this
hereby delegated the authority PP perform. Upon comp_
also the financial capabilities of the Surety top within ten
Agreement in compliance with all terms and coo 1Depositrwith CO CONTRACTOR
Cash Bond
shall be entitled to the return of any
(1 Q) business days.
13.7
Due to Unusual Circumstances:
le or
ponsible
It is expressly agreed that in person
event shall of a y stoppages or delay
to CONTRACTOR or to any Other person on account
or other legal proceedings brought
in the work herein provided for, by injunctioncause for
against CITY or CONTRACTOR, or on account of any delay for any
which CITY has no control.
non-performance
(b) CONTRACTOR shall not be respo°Wh�zeysuch dels or s or non
performance the terms and provisions of this agreement
OR
or acts of God; provided,
are caused by events or circumstancesover which CONTRACT
s no control, including riots, civil disturbances,resulting from
however, that in the event of any such non-performance or delay CONTRACTOR
events or circumstances beyond the control such OfCO o time
der non -
shall not be entitled to compensation fors period
performance shall continue.
Default of Agreement
14.1 been a default : If, in the opinion of the City Manager, there has
of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within a , •
period of seven (7) 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
n'shall be set for a date within fifteen
(15) days such notice. On that day City Council shall hear CONTRACTOR
and CY'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 pFFA YTTT.
14.3
14.4
observe
Default boccur' y CONTRACTOR shall occif CONTRACTOR
or perform a material portion of its duties under the fails
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 ea lier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend th
proposed date of termination to a later date. e
termination, CONTRACTOR cures such default then then proposedoteerdmi datof
e
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed ..date of termination. then CITY may Performance under this Agreement as of such date lermOp
hate CONTRACTOR'S
r
contained Upon de neffective date of termination as
in the above notice refe
CONTRACTOR shall, unless the notice di
mred a elof t�
discontinue all service iirects otherwiseimn connection with thus Agreement and shall Proceed to
cancel promptly all existing orders chargeable to this Agreement. Within ten
(10) days of receipt of notice of termination, CO
CITY monthly reports and revenues required under this Agreement to thebday to
termination. y of
In addition to, or in lieu of, the termination procedure set above in
Section 14.2 of this Agreement CITY shall take any or all of the followin action
in the events of a default by CONTRACTOR, g s
(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 twentyfo
(24) hours after receiving such notice, CITY shall have the right to perfom
cause to be Performed all or p of the worst necessary to cure such default_ ior
n
the event that CITY performs such work, or causes it to uc erforin
CONTRACTOR shall bear the cost of such work, and if nett P ed,
reimburse CITY for the cost thereof. CITY shall have the right to deduct
such compensation due to C adu shall
CONTRACTOR CITY from any sum otherwise due and any
awing to
17
hall make or file a claim under the ePorf li bilitiesBond,
CITY has
Credit, or Cash Bond for any damages, expens
incurred as a result of CONTRACTOR'S default
— may exercise its rights under Article 13.4 non-compliance by
(c) CrY Y Agreement.
CONTRACTOR in this
eninitication
CONTRACTOR hereby assumes risk of lost and/or of i�tobliga ons
direct] or indirectly from the performance of any its officers,
and/or persons arising y to indemnify and hold harmless CTX`Y. or
under this Agreement and further agreesliabilities, demands, suits, costs rom
agents, and employees from and against any and all claims, provided herein
but not limited to, expenses of litigation and attorneys fees arising
expenses, including,u Without limiting the foregoing, the indemnity PLaws (as
any such claims, lossor any claim against CITY arising out Lhea� rm of thisnental
A� Bement for
shall specifically inc Y
herein defined). This indemnification shall continue beyond
claims arising as a result of this Agreement
Insurance
1 6.l
CONTRACTOR shall not commence work under this Agreement
and such
until it has obtained all the insurance ity. CONn�RP►CTOOR Agreement responsible
insurance has been approved by the Ciry.
OR
for
delivering to CI-I'Y the Certificate of Insurance
insuredr on theOCe�rt A� of
shall name the City of Tamarac as a named olst b shall be issued
Insurance. CONTRACTOR'S Certificate of
insuraannce must be attached and
included in this Agreement as Exhibit C Further, ate o
duly licensed to write business insurance Gu des Furth State of
by companiesA. M. Best Key g
Florida and rated -A- or better by
(except
Workers,
Olicie
shall be named as a named insured each n olicy,all stogetheurance p with a staemen't by the
Compensation). Certificates of policy,
shall not be cancelled without
issuing company to the extent that said policy shall be
in 30) days pnor written notice receivedobYe apeci�ied herein constitutes
onstitues
thirty royal. Insurance coverage
CITY for review and approval- Agreement.
til
e minimum requirements and said requireme the s tam of why s lessen or it
the liability of CONTRACTOR under at its own cost and expense, any
COFACTOR shall procure and maintain, id meet, may be
additional kinds and amounts o� insurance tha% in its own the comp etaon of its work. judgment.
g
necessary for proper protection
COAG"IOR shall maintain, during the
ation Insuranceon
16.2 reement and any newals, Worker's Compensal
term of this Ag reed in work under this Agreement, and shall
all of its employees to be engag
s Of
require the same from any subcontractors us suanit do this nAgr Agreement is not
employees engaged in hazardous work pursuant
protected under the Workers' Compensation Statute, CONTRACTOR shall
rovide adequate employer's general liability insurance for the protection o
employees not so protected.
18
16.3
CONTRACTOR shall procure and shall maintaiJL
n du
CONTRACT and any renewals public Liability ring the term of
in an amount not less than $1,000,ppp combinedasnin Property Damage Insuranhee
injury, death and property damage g rnit coverage for bran]
16.4 g (except automobile), y
during the terra�fth' CONTRACTOR shah r
Liabili insurance is Agreement and renew procure and maintain,
�' and in an amount not less than �s' Comprehensive Automobile
overage for bodily injury, death, and Property
combined single 16.5 P l?ertY damage (automobile). g limit
maintain, during the term of : CONTRACTOR shall
Liability Insurance in this Agreement and an renew Procure and
ess
AUt0MObile and Bodily amount not less than $1,000,000 overage in eUmbrella
xcess of
16.6 y Inl�'/Pr°Ferty Damage coverages.
Paragraphs shall provide ad The insurance required under the above
clairns which may equate Protection for CONTRA
operations be b y arise from operations under this Agreement
TOR against damage
the insured. Y �e insured or by anyone direct] g meat, whether such
CITY shall be named a named Y or indirectly employed by
insurance policies provided for herein. msumd on all of CO ,
16.7 T.nr-A r NTRACTOR S
bonding companies with whom CONTRACTOR'S • The insurance and
be represented b licensed to do busin insurance and performance
Florida. Y an agent or agents having ess in the State of Florida and shall
Each such agent shall be du] i an °ff Ce located in the S may be had, and must have authrri y quairtied, upon w fate of
and/or bondingMY and power to act onho service of process
claimant, or acompany to negotiate and settle with�h� of the insurance
CONTRAC`I,OR property owner who has been damaged, ITY' or an other
agents shall be set sfortheonn�osbohdin g � may have against
g company. The name of the or
CONTRACTOR shallkeep the requiredsbonds and certificates of agent e.
times during the term of this COCTinsurance in full far ins�irance.
and any renewals force
d effect at all
CONTRACTOR shall furnish to C furnished and approved by CITy, ITY evidencing of
required insurance ,evidencing CO Insurance on a form
p ante coverage..4t the request FACTOR has Obtained
Provided for inspection All policies must prove that �e anginal Policy the
canceled by the insurer in less than P Y shall be
written notice of such change thirty (30) days aftenraY not be changed or
reviewed upwaxtduratt 30 S °r cancellation . Such insurance TY has received
amounts within request, and CONTRACTOR amounts may be
( ) days after receipt of such r R shall revise such
request.
Compliance with Laws and Re
17, X � Nations
Florida- a agreement shall
County, brought hereunder considered
consummated B
ry, Florida, rou roward County, be brought exclusively in Broward
19
Time. shall be deemed to be of the essence
17.2 Bement whenever tme limits are imposed herein for the
concerning this a y obligations by any of the parties hereto, or whenever ��e
performance r any o Big
accrual of any rights to either of the Parties hereto depends an the passage
The failure of CITY, at any
17.3 CI'OR of any provisions herein shall in
tune, to require performance by CONTRA_aU waiver
no way affect the rights of CITY thereafter toin be°ramce or tobea waiver of
by CITY of any breach of any provisions here provision itself.
any succeeding breach of such provisions or as a waiver of any
if any provision of this agreement shall be
17.4 d�ecla-re�dWeg�a,oid or unenforceable, the other provisions shall not be affected
and shall remain in full force and effect.
EJJJE: Neither CONTRACTOR nor CITY shall be liable for the
]7.5
fa�torm itsduties if such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or C��Rimilar or different contingency
beyond the reasonable control of CONTRACTOR.
]7 6 N : This agreement supersedes and replaces all terms refaced
to multi -family residential service in the agreement between the City of Tamarac
and Southern Sanitation, a division of Waste ementgupon the eff dated five datement, Inc., e of this
1987, and effective immediately, which ag
agreement shall be null and void and of no further force and effect.
7.7
This agreement shall not be considered
fully executed or binding or effeof the City of Tamarac in an open meeting as
on Crj'Y unl the same shall be approved
and accepted by the City Council After such
required by law and executed by theive CONTRACTOR
a certified copy
approval and acceptance, CITY shall
Of the erson authrzed to bind
of the Ordinance as evidence of the authof this agreement and otoiperform the
CITY to the terms, covenants and provisions
same in accordance herewith.
CONTRACTOR, its officers, agents,
17.8 � rith all laws, federal, state
employees, and contractors, shall abide by and comply w
calls the attention of
and local. It is agreed and understood onttlle C f CONTRACTOR, its
CONTRACTOR to any such violations p
officers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
CITY shall have the right to conduct
17•9 eview and consider the performance of
periodic public meetings, to rof the
CONTRACTOR regarding its compli cNTRACTOR, the need for athe material ny future
franchise, any amendments desired by CO service
new services, and potential amendments enosthe franchise cnology ore demonstrated
requirement changes based on advancementsto attend all
community needs. An agent of CONTRACTORshall
all bems asavailsociated with the
public meetings upon reasonable notice by CI
Agreement_
17.10
17.1
17.12
17.13
17.14
Federal agency, Or ' Should the State of Florida, City,
Broward County,Y State or Federal Co County, United States or
City of Tamarac, or CONTRACTOR or any agency thereof require either
affects or is inconsistent with N RACTOR to act in a manner which,
shall be authorized to determine Provisions
het}lie eas of the Franchise Documents, CiTy
Documents is affected in relation to the rights
an provision of the Franchise
Franchise Documents upon CITY or the li and benefits conferred by the
and CONTRACTOR shall negotiate in ublic. Upon such determination, Crl-y
franchise to such extent as may good faith to modify or amend the
Purposes thereof in mlation to the nights and s� to carry out the full intent and
1
g benefits of CITY, or the public.
a monthly notarized ' CONTRACTOR shall provide the C
CONTRAITY with
CTOR, certifying from an authorized representative the
the CONTRACTOR shall provide the Curacy °f the month]
y with y franchise fee payment.
summary of all franchise fee a annual recap of gross receipts and a
months (See Exhibit G), payments paid within the preceding -twelve (12)
any right accruing under this a agreement shall No assignment of this agreement or
CONTRACTOR without the express written consent made
whole or in
CITY shall not be unreasonably withheld. p by the
assignee shall assume the Lability w CO�RACT event of any such concern of
OR y assignment, the
this agreement and ' Thts agreement shall be effective upon the execution of
Performance of this agreement shall begin on the
comrmenCement date set forth herein.
(other than the license and CONTRACTOR shall Obtain all licenses and permits
all taxes required by Cl�-y. granted by CONTRACTOR
and promptly pay
1$.1
Appendix:
fully setforth.
18.2
18.3
18.4
Miscellaneous Provisions
The Exhibits A
are incorporated herewith �byDreference fornadjlH' A
Apenas Z and
purposes as though
herein are for convenience and reference
in Paragraph
the scO and are not intended tordefine or limit
contained
pe of any provision of this agreement.
t
understanding between the This agreement constitutes the en parties relating to the subject matter, ntired t eement hall notbe
modified, altered, changed, or amended in an
and approved by the City Council of the Cityof respect unless done so in writing
amarac, Florida
(volun This inX:agreement shall terminate in the
bankruptcy, such This
or insolvency of CO e of he ass of
ruination shall take effect on the CONTRACTOR. In time case of
bankruptcy action is filed.
e that the
21
deliv
be in
to be
18, QTICES: Notice required or permitted
w whether eo hereunder
act ally reclei ed,
writing and shall be deemed to beMailostage prepaid, certified mail, return
when deposited in the United States , p
receipt requested, addressed to the respective party at the address set forth below:
rCity Manager
City of Tamarac
7525 �� ..� •�
.. u,�t -u • �•r•,
• ••
Avenue
• •. '1
1 • 11
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 722-5900
-18.6 —The legal fees and otherexpenses of the prev,�ailing Leo
any litigation or dispute arising out of this agreement will be p Y
party.
The provisions of the
18.7Exh
foregoing Articles l through 18, together with t and l shall g onsultulte a binding
H, are intended by the undersigned parties
agreement between them.
18 8 If any part, section, sub -section, or other portion of this
agreement is declared void, unconstitutional,othp eScribed applinvalid for cation hereof, hall
reason, such part,
section, sub -section, or other p applications
be severable, and the remaining', of this agreement, and all
thereof not having been declared void, unconstitutional
deQlare thatr invalid shall remain i.
no invalid or
full force and affect. CITY and
prescribed provision or application we can tinducement
d �� greement, of this the
agreement, and that they would have
invalid or prescribed provision or application.
18.9 ATTH; CITY and CON'TRf agree to continue to work together
o maintain an prove the level and
in good faith and to coordinate the
ir quality of residential collection service.
This Agreement shall be effective this the
be the Commencement Date hereof. day of 1993, which shall
ATTEST:
By:�1p�
C��
arol A. Evans
City Clerk
CITY Op TAMAIIAC
apNaovEo AT WEr►NG oF
_Cp/24q.5_
THE gMayoror
T RAC, FLORIDA
By:
Date: ,3 — Z ar
By:'7John P. Kelly
City Manager
Date: 3 :�!)O .-9 ?
pp� rove}tl as rm:
c� By•
vii tc S. t
City Arc e
23
STATE OF FLORIDA :SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgements, personally appeared
to me known to be the person(s) described in and who executed the
�.
foregoing instrument and acknowledged before me that �� executed the same.
WITNESS my hand and official seal this , day of
FN-jOT, RY PUBLIC, State of
No?ARY PUBLIC, SYA�E OF FLORIDA.
MY COh:MISSIOH EXPIRES: JUNE 26, 199J,
SONOWD TNAU NGTAHY rUSUG VMPI[RW AIYi R{.i
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
(� Personally known to me, or
) Produced identification
w-
(e
jam►
Type of I.D. Produced
) DID take an oath, or (X) DID NOT take an oath.
W
ATTE,ST-
STATE OF FLORIDA
COUNTY OF -��aA-J—:SS
CORPORATION:
Contractor
I HEREBY CERTIFY that on this day,
aforesaid and in the County aforesaid to t>efe a me, an officer duly authorized in the State
m �•W rr ` J, 4 D7 knowledgements, 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.
WILSSmy han an official seal this
JG day of � , 19�
NO ARY P C, State of
Fl rida at Large
bMBE U J. MASS
(Name o mpa
Print, St rnp, or Type
'••�,�a,�•' �n+t�rno„r�,'.C.
Commissioned) yPe as
( Personally known to me, or
( ) Produced identification
Type of I.D. -Produced
( ) DID take an oath, or ( 015'ID NOT take an oath.
cc: Jahn P. Kelly, City Manager
i
2S
Public Data Query
EXHIBIT 2
U.S. Department Rh TR 9877
t yf,
of Labor
Bureau of Labor
Statistics
rl ii A7 i���
Bureau of Labor Statistics Data
WWW.b1s.govH Search A-Z Index
BLS Home I Programs & Surveys I Get Detailed Statistics _Glosses What's New Find It! In DOL
Change Output FromF 0 0 0_dTo:1 2002
Options:
F include graphs NEW! More Formatting Options=0-
Data extracted on: July 22, 2002 (2:09:35 PM)
Consumer Price Index - All Urban Consumers
Original Data value
Series Id: CUURA320SAO,CUUSA320SAO
Not Seasonally Adjusted
Area: Miami -Fort Lauderdale, FL
Item: All items
Base Period: 1982-84 1.00
Year Jan Feb Mar Apr May Jun Ilul Aug Sep
2000 165.9 166.9 168.0 168.4
2001 171.9 172.8 173.5 173.5
2002 175.01 175.0 174.4
Oct
NOVI
Dec
lAnnuallHALFIIHAL
169.6
169.5
167.8
1166.7
1169.
174.2
1173.11173.0
1172.4
1173.
FreJc uently_Asked Questions I Freedom of Information Act I Customer Survey-
- —
Privacy_&_S.ecurity Statement I Linking. to Our Site I Accessib_i_lity 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: blsdata staff@bls.gov
Washington, DC 20212-0001 Technical (web) questions:webmaster@blS.goy
Other comments: feedback@bls.Aov
CPI % ChanLye Calculations:
June 2002 = 174.4
June 2001 = 173.5
174.4 — 1.73.5 = 0.9000
0.9000 / 173.5 = 0.005187
0.005187 X 100 = 0.5187 = 0.52%
EXHIBIT 3 P w• V���"tv-N LZ
� J TA 9877 Braward Solid Waste Disposal DistrictNARD 1 North University Drive, Suite 400-B
r,tY. Plantation, FL 33324
U I (954) 765-4202, Ext. 270 • Fax (954) 577-2391
Resource Recovery Board
County Members: Josephus Eggelletion, Jr. • Ben Graber • Ilene Lieberman • Lori Nance Parrish • Diana Wasserman -Rubin
City Members: Peter Bober • Jim Naugle • 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 Processable 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
$84.4 l .
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 Board
Technical Advisory Committee
BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS —An Equal Opportunity Employer and Provider of Services
Josephus E euetion. Jr. Ben Graber Suzanne N. Gunzber er Kristin 0. Jacobs Ilene Lieberman Lori Nance Parrish Jahn E. Rodstrom, Jr. James A. Scott Diana Wasserman -Rubin
Visit us on the Internet w w broward.orgioiwm
EXHIBIT 4
TR 9877
C, , " WYI, I- " .'
August 14, 2002
Mr. Jeffery Miller
City Manager
City of Tamarac
7525 NW 88"' Avenue
Tamarac, FL 33321-2401
Dear Mr. Miller:
WASTE MANAGEMENT
3831 NW 21st Avenue
Pompano Beach, FL 3.3073
(954) 974-7 500
(954)974-0898 Fax
Based on the terms of our service agreement to provide Condominium Multi -Family solid waste
collection service, please accept the following rate adjustments which become effective October
1, 2002.
I. Tipping Fee_: Effective October 1, 2002 Broward County will implement a tipping fee
increase from $83.78 per ton to $84.41 per ton, The disposal (tipping) pass through
formula provides for a $0.10 per cubic yard increase for every $1.00 per ton increase
in tipping fee resulting in an adjustment of $0,063 per cubic yard collected.
2. C.P.I. Adjustment: The CPI for all Urban Consumers (Miami -Ft. Lauderdale)
increased from 173.5 to 174.4 for the year ended June 2002. This represents an
increase of 0.5%, which is below the 4% cap.
Please find enclosed the support for the C.P.I. increase, and a new rate matrix that reflects the
revised prices resulting from the aforementioned changes.
r~�
If you have any questions, please call me 954/917-0387.
Sincerely,
An y Masiulis
District Controller
CC: J. Casagrande
A. Spadaccia
D. Whitehead
�J
Southern Sanitation
City of Tamarac - Condos
Effective October 1, 2002
DISPOSAL RATE/TN: Previous
$
83.78
New
$
84.41
Incr (Decr)
$
0.63
CPI: June to June/All Urban Consumers
in the Miami -Ft. Laud Area
0.50%
(Gap at
4.0%) FF
15.0%
Rate Components:
1-Oct-01
1-Oct-02
Current
CPI
Disposal
New
Rate
Rate
0.50%
Incr
Rate
Adj
Commercial Dumpster Service:
Loose Pickup:
See Attached Matrix
Compaction: (Rate per Pickup)
2 yd
$
85.76
$
0.43
$
0.50
$
86.69
$
0.93
3 yd
$
128.64
$
0.64
$
0.76
$
130.04
$
1.40
4 yd
$
171.51
$
0.86
$
1.01
$
173.38
$
1.87
5 yd
$
214.40
$
1.07
$
1.26
$
216.73
$
2.33
6 yd
$
257.27
$
1.29
$
1.51
$
260.07
$
2.80
Casters per month
$
-
$
-
n/a
$
-
$
-
Short Rollouts (1x/week)
$
12.56
$
0.06
n/a
$
12.62
$
0.06
Long Rollouts (1x/week)
$
19.41
$
0.10
n/a
$
19.51
$
0.10
Specials per yard- Weekdays
$
10.67
$
0.05
n/a
$
10.72
$
0.05
8/14102
Page 1 of 1
Tamarac Condos Oct02
SOUTHERN SANITATION
City of Tamarac - Condos
(All Pricing Includes Franchise Fees)
EXISTING RATE SCHEDULE
OLD RATE
EFFECTIVE: October 1, 2001 RATE: Variable PER YARD
1
{,
py�
N
y
2 CUBIC
$0.00
$92.84
$179.72
$266.54
------ ----------------
$353.39
------------------------
$440.25
-------------------------
$527.11
--------------------
YARD
-----------------------------
W/O MAINT.
------------------------
$92.84
-------------------------
$179.72
$266.54
$353.39
$440.25
$527.11
3 CUBIC
$0.00
$121.33
$236.55
$351.76
$466.98
------------------------
$582.20
-------------------------
$697.42
------------------------
YARD
-----------------------------
W/O MAINT.
------------------------
$121.33
-------------------------
$236.55
------------------------
$351.76
$466.98
$582.20
$697.42
4 CUBIC
$0.00
$150.83
$294.40
$437.99
------------------------
$581.60
------------------------
$725.16
-------------------------
$868.76
------------------------
YARD
-----------------------------
W/O MAINT.
------------------------
$150,83
-------------------------
$294.40
$437.99
$581.60
$725.16
$868.76
5 CUBIC
$0.00
$181.54
$355.21
$528.83
------------------------
$702.45
----------------------------------------------------------
$876.12
$1,049.74
YARD
----------- -----------
W/O MAINT.
-------------------- --
$181.54
-------------------------
$355.21
$528.83
$702.45
$876.12
$1,049.74
6 CUBIC
$0.00
$208.91
$409.24
$609.56
-----------------------
$809.89
-----------------------
$1,010.20
-------------------------
$1,210.54
---------- - ---- - -
YARD
-------- -------------------
W/O MAINT.
--------------------
$208.91
- - ----- -----
$409.24
$609.56
$809,89
$1,010.20
$1,210.54
8 CUBIC
$0.00
$266.53
$523.63
-
$780.67
-------------
$1,037.73
- ----------------
$1,294.80
$1,551.86
YARD
---- -- -- -- ---- --
W/0 MAINT.
-------- ---
$266.53
------------
$523.63
$780.67
$1,037.73
$1.294.80
$1,551.86
OPTIONAL COMME QIAAL SERVICES.:
CASTERS: $ per month
ROLLOUTS:
SPECIALS:
COMPACTED RATES:
ROLLOFF SERVICES:
$ 12.56 per month for short, easy rollout , Ix per week.
$ 12.56 per month for each additional day per week.
$ 19.41 per month for long, difficult rollout , lx per week.
$ 19,41 per month for each additional day per week.
$ 10.67 per cubic yard
$ 42.88 PER PICKUP PER YARD
$ 85.76
per pickup - 2 cu yds
$ 128.64
per pickup - 3 cu yds
$ 171.51
per pickup 4 cu yds
$ 214.40
per pickup 5 cu yds
$ 257.27
per pickup 6 cu yds
OPEN TO COMPETITION
8/16/02
Tamarac Condos_Oct02. x I s
SOUTHERN SANITATION
City of Tamarac - Condos
(All Pricing Includes Franchise Fees)
NEW RATE SCHEDULE
NEW RATES
EFFECTIVE: October 1, 2002 RATE: Variable PER YARD
..
r
n
py
e
$0.00
'
$93.85 $181.71
$269.51
$357.34
- -- -
$445.18
----------.--- ----
$533.02
--------------- ---
2 CUBIC
YARD
----- -- ----- ----
W/0 MAINT.
------- ---- - -- --
$93.85 $181.71
-- -----------
$269.51
$357.34
$445.18
$533.02
3 CUBIC
$0,00
$122.75 $239.37
$355.97
$472.59
------------------------
$589.21
-------------------------
$705.82
------------------------
YARD
-----------------------------
W/O MAINT.
------------------------ -------------------------
$122.75 $239.37
------------------------
$355.97
$472.59
$589.21
$705.82
4 CUBIC
$0.00
$152.67 $298.06
$443.46
$588.87
------------------------ I
$734.25
------------------ -------
$879.65
------------------------
YARD
-----------------------------
W/O MAINT.
-------------------------------------------------
$152,67 $298.06
------------------------
$443.46
$588.87
$734.25
$879.65
5 CUBIC
$0.00
$183.81 $359.72
$535,56
$711.42
------------------------
$887.33
-------------------------
$1,063.17
------------------------
YARD
-----------------------------
W/0 MAINT.
-------------------------------------------------
$183,81 $359.72
------------------------
$535.56
$711.42
$887.33
$1,063.17
6 CUBIC
$0.00
$211.60 $414.56
$617.52
$820.49
------------------------
$1,023.44
-------------------------
$1,226.42
------------------------
YARD
-----------------------------
W/O MAINT.
-------------------------------------------------
$211.60 $414.56
------------------------
$617.52
$820.49
$1,023.44
$1,226.42
8 CUBIC
$0.00
$270.05 $530.61
$791.13
$1,051.65
--- - -----
$1,312.20
---- ---- ----------
$1,572.72
-- - - - -----------
YARD
- _
W/0 MAINT.
-......
- - - --
$270.05 $530.61
------ - ---------
$791.13
$1,051.65
$1,312.20
$1,572.72
OPTIONAL COMMERCIAL SERVICES:
CASTERS: $ per month
ROLLOUTS:
SPECIALS:
COMPACTED RATES:
ROLLOFF SERVICES:
$ 12.62 per month for short, easy rollout , 1x per week.
$ 12.62 per month for each additional day per week.
$ 19.51 per month for long, difficult rollout , 1x per week.
$ 19.51 per month for each additional day per week.
$ 10.72 per cubic yard
$ 43.34
PER PICKUP PER YARD
$ 86.69
per pickup - 2 cu yds
$ 130.04
per pickup - 3 cu yds
$ 173.38
per pickup - 4 cu yds
$ 216.73
per pickup - 5 cu yds
$ 260.07
per pickup - 6 cu yds
TEMPORARY ROLLOFF WORK OPEN TO COMPETITION
8/16/02
Tamarac Condos Oct02.x15