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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-2511 Temp. Reso. #9511 Page 1 of 3 August 29, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-251 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING AN INCREASE IN SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES MONTHLY RATE FROM $15.57 TO $16.36, EFFECTIVE OCTOBER 1, 2001; AUTHORIZING AN INCREASE IN THE PURCHASE PRICE OF CITY LOGO BAGS FROM $1.22 TO $1.29, EFFECTIVE OCTOBER 1, 2001; 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 1It 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 provides 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. #9511 Page 2 of 3 August 29, 2001 WHEREAS, the Bureau of Labor Statistics reported a 3.27 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 $82.24 to $83.78 per ton, effective October 1, 2001, 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 $15.57 to $16.36 per month and an increase in City Logo Bags from $1.22 to $1.29 per bag, notice and calculation of said increases attached hereto as Exhibit 4; and WHEREAS, the Director of Public Works and Special Projects Manager recommend approval of rate increases as requested by All Service Refuse Company, Inc.; and WHEREAS, the City Commission 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 $15.57 to $16.36 is HEREBY approved, effective October 1, 2001. SECTION 3: An increase in the purchase price of City Logo Bags from $1.22 to $1.29 is HEREBY approved, effective October 1, 2001. rli 1 Temp. Reso. #9511 Page 3 of 3 August 29, 2001 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 12t" day of September, 2001. - ATTEST: - I)Xd�4'�j MARIOI�h SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RE80LUITION as to form. MITCHELL S. KAAF CITY ATTORNEY E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER _Ayes DIST 1: COMM. PORTNER jg� DIST 2: COMM. MISHKIN_Ay& P47 3: V/M SULTANOF_Ay& DIST 4: COMM. ROBERTS Ave, UAadm correspondence\agendas\9511 RES-01 ASR Solid Waste monthly fee Increase Exhibit 1 TEMP, RESIN. No.,2��,,, Addendum to -October 4, 1994 Agreement Between the City of Tamarac ffi 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, Fork Lauderdale, Florida 33311 (hereinafter "CONTRACTOR") is made and entered into this day of T�f.* JAAJ La �n _r 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 ❑e,.celhe March 31, 2005-15.9.9. 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 acluarferly hasis six (6) times per year on the residences first arhpHi,lled pick-un�y during the first week in the months of February, May, June, August, and NovembLeX 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) $8.1; nO $93.00/per hour $110_00 $120.00/per hour $1On 00 $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: RecordsBilling Article 8 Rates. , ng _- (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 2 No Text - w w • .. w . w - - w • ♦ w w • w w - . - - _ w • - - _ r ON 21 NOw • + §8.4 Billing Schedule: (a) Where the billing is now done by the CITY the CITY shall nav the CONTRACTOR on a monthly basis. by the 15 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 CONTRACTOR shall remit to CITY on a auarterly basis 15% of the aross proceeds from sale of CITY approved bags to vendors as described in §8.3(a). §8.5 Vacation Credit: A one (1) month vacation credit shall be vided 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 coov of utility bill showina a considerable decrease in water consumation durina the vacation credit period to receive vacation credit. Also, � customer shall be current with payments to be eligible for vacation credit. 4. Article 9, Compensation, §9.1(a) Single -Family Residential service is amended to read as follows: Article 9 Compensation §9.1 Single Family Residential Service: (a) $1-1-86 $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 15t 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, CMC E City Clerk Date: � - / 6 -6,o provg f as to fpip and leg MitchAfNS. Kraft, City Attorney CITY OF TAMARAC B =I �,� � Joe Schreiber, Mayor 4ATE: re L. Miller City Manager Date:- C. ATTEST.- Corpate Secretary ,L-vlJ4.,34,,ZcL Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD CONTRACTOR All Service Refuse Company, Inc. A Florida Corporation By: Harold Carter, Vice-Presiden Date: 3 ozo o U Before me personally appeared P4,toit4l 0_44i" 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 3AA�l day of 9624. a7000 C5NJOridtrary Publ , State of a At Large 41✓ / . oybolv_A14 Print or Type Name of Notary My Commission Expires: pZ /q 'Z_ 0 j Personally known ( ,�) c .03 Produced Identification v .o. Did/Did Not take an oath ( Addendum October 4. 1994 Agreement B@inreen the City of Tamarac and All Senkcg Refuse Company. Inc._ For_Furnishing Single Family Solid Waste Ilection i 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 74 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 AdJUstmgn If this agreement is not terminated as provided herein, on daftuafy4 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 September JUne 30. The Conrag er Price Index Adjustment, not to exceed four percent (4%), of the rgte to bg ff c ive January 1 1995 shall be l2ostponed and sball bec me effective on October 1, 1995. In addition to the for=ing adjustment. a Consumer Price Index_Adiustment 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_Jhi5 agreement. thg rate shall be adjusted by the same percentage increase gr Jecrearap, if any, in the Miami Urban Consumer Price Index (SPI) for the twelve 12 month period&nding thp, prgvi_June 30. Except f r the (2) adjustments set forth hereinabove, to_ take pla_ge_on October 1. 1995, 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 9eeefMbeF 1 and Decernbef 31 3gpWmber and Se tp ember_.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 Gouneil 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 Eouneif 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: e? f CITY OF TAMARGA APPROVED AT MEETING OF �5/�,t May 5, 1995 3 CITY OF TAMARAC By: rman Abramowitz, Mayor Date:_ a'rI 6'k N6 Robert S. Noe, Jr., City Manager Date: X/1"' �24 f fy -,5— roved as to form and legal su ci nc Mitchell S. Kraft, City Attorney ATTEST:,,/ i Corporate Secretary Peter W. Wright Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY CONTRACTOR: {; a President Date: 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. My Commission Expires: Personally known x Produced Identification Did/Did Not take an oath x otary Public, State of Florida At Large Joanne T. Elliott Print or Type Name of Notary "" "• JOANNE T. ELLIOTT N MY COMMISSION ! CC 96M4 ' MIIES: May 21.1998 BMW Tin Nvpuy PUf�e UndefNaMn May 5, 1995 4 V 1 Temp. Ord. #16 9 7 Revised 9/19/94 CITY OF TAMARAC, FLORIDA ORDINANCE NO.,94- 13 A ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR RESIDENTIAL SINGLE-FAMILY WASTE COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFE=VF DATE, EXHIBIT 111" TEMP RESO 7994 WHEREAS, the City of Tamarac is authorized to enter into franchise agreements with garbage and trash collectors; and WHEREAS, Article 4 of the May 11, 1993 Agreement between the City of Tamarac and All Service Refuse Company, Inc. for residential single- family waste collection provides that this Agreement may be renewable for five (5) year periods by the City; and WHEREAS, the City has exercised its option to renew the terms of the Agreement; and WHEREAS, the City Manager has negotiated agreement terms and conditions with the contractor; and WHEREAS, the Assistant City Manager and City Manager recommend approval of the Agreement; and 2 Temp. Ord. # 16 9'7 Revised 9/19/94 WHEREAS, the City Commission wishes to grant a' franchise Agreement to All Service Refuse, Inc. for residential single-family waste collection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance. SECTION 2: That the appropriate city officials are hereby authorized to execute the Agreement between the City of Tamarac and All Service Refuse Company, Inc. for residential single-family waste collection attached hereto and made a part of hereof as Exhibit "A'. SECTIQN 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: if any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION & This Resolution shall become effective immediately upon its passage and adoption. 3 _ Temp. Ord. #lA22 � Revised 9/19/9 . APPROVED ON 1 ST READING this day of �T T , 1994. � QInc APPROVED ON 2ND READING this'"'"' day of ; 1994. NORMAN ABRAMOWITZ MAYOR ATTEST: _ 00,�� CAROL00 111 ,i C I HEREBY CERTIFY that I have approved this RESOLUTION as to form. v411(T MITCHELL S. KRA MAYOR CITY ATTORNEY. DIST.1: DIST. 2: DI8T. 3: DIST. 4: RECORD OF COUNCIL VOTE ABRAMOWITZ f2i.10 V / M KATZ C / M MISHKIN C / M SCHREIBER C / W MACHEK tolu i _ ,: Article 1 - Definitions.........................................1 Article 2 - Grant of Franchise..................................5 Article 3 -- Fees/Revenues.......................................6 Article 4 - Term................................................9 Article 5 - Scope of Services...................................9 Article 6 - Schedules and Routes...............................14 Article 7 - Disposal of Solid Waste .........................•••17 Article 8 -- Rates, Records, Billing ............................is Article 9 - Compensation.......................................22 Article 10 -- Units Guarantees.............................••••.22 Article 11 - Contractor's Local Office .......................•.22 Article 12 - Contractor's Relation to City.....................23 Article 13 - Performance Evaluation and'Monitoring.............26 Article 14 - Default of Agreement..........................•-••28 Article 15 - Indemnification...................................30 Article 16 - Insurance.........................................30 Article 17 - Miscellaneous Provisions ..........................33 AGREEMENT $ISTWEEN THE CITY OF TAXARAC AND ALL SERVICE REFUSE COMPANY INC. FOR FUMSHING SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES `� 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 AGS: 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. o a T e: Hags shall be imprinted "City of Tamarac" and shall display the City logo with•the following copyright information: 1101990 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: Multifamily 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 PONTRACT 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. 1.11 _DEAD MIMALS: 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; Ygnitability - 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. 1.18 HOUSEHOLD TRAS •. 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 3 I execute the work in accordance with the terms of the agreement and will pay lawful claims. 1.20 ODUCER: An occupant of a residential unit who generates refuse. 1.23. 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 REGULATIONS, 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 (]) person or by one (1) family deemed a "residence". 1.25 SIDENTIA SERVICE SING E 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 SERVICEAAREA_ City limits of City of Tamarac. 4 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 SURET 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 U_�IIT: 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 HEXTE GOODS AND FURNITURE: Discarded refrigerators, ranges, washers, water heaters and other similar domestic appliances. 1.35 Y TRASH - RJPGULAR: 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 In consideration of the CONTRACTOR'S performance hereunder and compliance with the covenants and conditions set forth herein, and in the 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 11 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 dstail 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 0 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 10o% 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 R ENUE: 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 ELIN UENCY 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. h 3.4 I-IPPING FEE 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 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. 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 on a quarterly basis (by the end of the first month following each quarter") an avoided cost of disposal based on the recycling tonnage over twenty (20) pounds per unit per month calculated as follows: Monthly overage of pounds per unit of recyclables minus (-) 20 pounds times (x) 8 number of units times (x) 3 months divided (T) 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 goNTRACT TERMS: The term of this Agreement began on June 1, 1993 and is extended by this Agreement 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 17.1.7. CITY shall not have any obligation to exercise any additional term. ART-ICLE 5 scope of services 5.1 gWERIAL 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 FREOUENCy O ]RA§Tr4 COL CTI N: Residential Service shall be provided times a collection service at least two (2) Per week under Agreement. All units are required to receive such service. Hor.,IDAY S H D L: Pickups shall not be reduced by holidays, other than Christmas Day. CONTRACTOR shall be required to pick up refuse on all holidays other than Christmas Day. If a pick- up day falls on Christmas Day, CONTRACTOR shall be required to collect garbage the next regular collection day. Residents will have the option to 9 5.3 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. (e)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 made waste collections on a Sunday during times of emergency conditions. (c)(3) Bulky Wa to - bulky and heavy items shall be placed at the appropriate refuse location as specified in Section 5.4 of this Agreement. (c)(4) C r boar - 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 recycling hauler or contracted by RFP process at the CITY'S option. OLLECTION REQUIREMENTS: (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. 10 I (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 PICKPP: All persons receiving residential service pursuant to this Agreement shall place, approved containers and other items curbside as defined in Article 1.10 for collection. Approved 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 as close as possible to an access point for the collection vehicles. 5.6 HANDICAPEgD SE VIC : 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 I 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) MUNICIP L SERVICE: 12 (1) CONTRACTOR shall provide CITY with containers and service at the following locations at not cost to CITY: UN CI L LOC TJONS FREE OF CULU MINZMUM 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 dumpsters at no charge for solely CITY sponsored events including but not limited to the 4th of July celebration. 5.13 MMSIgIPAL COLNTAINpB KAXXTENMC 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. COLLECTION CONTA (AT 5.14 MIMIYCIPAL LOCATIONS ONL ON CIT CONTRACTOR hall provide CITY 13 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 CITY, 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. TICL 6 Schedules and Routes 6.1 ROUTES of COL E O : 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 I 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 'S 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 §EASONAL gUALITV 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: -Boom Truck (with driver/operator) $ 85.00/per hour Rear Loader Truck (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 MISCELLANgOUS: 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 condition and of its inability to make collection because of such condition. T C 7 Disposal of solid Waste CONTRACTOR shall deliver single-family residential solid waste collection pursuant to this agreement to the approved Broward 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 call the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by CITY for co f r and expseense f actually paid by CONTRACTOR to Broward County disposal site for disposal of residential solid waste collected pursuant to this Agreement except when approved in writing. All alternative disposal sites must be approved in writing by CITY prior to use by CONTRACTOR. All laws, rules and regulations governing hours of operation and disposal practices at disposal sites shall be strictly observed by CONTRACTOR. The parties hereby ided by CONTRACTOR pursuant to this agree that all services prov 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. s Any revision or establishment of new performance shall be approved by City Council and upon such approval, shall become The part of this agreement as though fully set forth herein. 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. (INTENTIONALLY LEFT ILA—M 17 ARTICLE 8 Rates, Records, Billing 8.1 TES: 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 landf ill/incinerator/disposal site and/or Broward 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 CORbS: CONTRACTOR agrees to maintain, at his local office or principal place of business within 8roward 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 e 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 --PA MENT 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. TENTIONALLY LE T BLANK PM (i) CUgTOMEB DEPOS11S, Obtaining customer deposits by CONTRACTOR is an option to be exercised only in the event that quarterly bill has not been 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 (50%) 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. 8.4 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 being serviced. Thereafter, the CITY will provide 21 monthly updates including additions, deletions and changes of customers. 8.5 4ACATION 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 ANVA 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. ARTICLE9 Compensation 9.1 CO ON - SIZIGLE FAMILY RZSIVM:rAL-S V C : Contractor shall be paid the following sums for all services that it provides within the CITY. (a) $11.88 per month, per single family unit, and JJo 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. 1 Units Guarantees 10.1 GgARANTEES: Those units which currently are to receive service arO' contained within the designated single-family residential areas, single-family designated areas as defined in Article 1.24 and Article 1.25. ARTICLE i Contractors Local Office 3.i.1 OrrIMMWAGIRG AGENT: Throughout the term of this Agreement, CONTRACTOR shall establish or maintain a local 22 M 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 constitQte 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 expeditiousmanner by the end of the next business day. ARTICLE 9 Contractor's Relation to City 12.1 INDEPV4NDENT CONTR CTOR: 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 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 ,gUSTOMER 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 CITY may be fully informed of the quality of the service, 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 23 11 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 served before 5:00 p.m. that day. Complaints received after 12:00 noon shall be served 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. 12.3 DISCRIMINATION PROHIBITED APPI M TIVE TI : 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. 11 (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. 12.6 VEHICULAR I ENT FICATIO 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. 25 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 133 Performance Evaluation and Monitoring 13.1 RIGHT Tg 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 FRANCHISE EEE: 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 -CO PLI CE 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 RIGUS: (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 AZABILITIES FOR DELAYS OR NON-CONFO CE: 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 4.1 11 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 DEEAIILT: 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 following receipt of the notice. CITY, as its sole option, may extend 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-T INATID SERV CE8: 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 P*j I 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 rights under Article 13.4 non-compliance by CONTRACTOR in this Agreement. ICLE 1 Indemnification EMNIFICATION: 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, its 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. ARX19MA-1-6 Insurance 16.1 GENERAL: CONTRACTOR shall not commence work under this Agreement until it has obtained all the 30 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 W ERV COMPENS T ON I SIIRANCE: 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 OM EH SIVE GINERILL LIAPI= 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 "I 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_INSUMCE: 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 LIAB LII''X: 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 LQCAL AGE _FOR S CE MM BO INa: 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 office 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 17.1y E: This agreement shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 17.2 TIME IS 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-T9 REQUIRE PER O : 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 JE : 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 CONTRACT$: 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 R GHT TO PERIODIC R IEWS: 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 CHANGES 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 ACCOUMING ST DS: 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 H ER ABILITY OF CO CT: 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 MPPECWIVE DAMN: 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 LICENSES 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 PARAGRAPH H INGH: 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. 17.13 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. 35 17.16 BANKRUPTCY: This agreement shall terminate in the case of bankruptcy (voluntary or involuntary) 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 NOTICES: Notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: C U, Y: City Manager Designated Agent for the City of Tamarac 7525 Northwest 88th Avenue Tamarac, FL 33321--2401 (305) 724-1 30 CQKjR&CTgR: Harold Carter Designated Agent for All Service Refuse Co 825 NW 31 Avenue Ft. Lauderdale, FL 33311 (305) 583-1830 With a C0321 to: with a cop 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) 20 Ft. Lauderdale, FL 33301 (305) 761-8333 CONTRACTOR may change the address and/or agent upon written notice as above. 17.18 ENFORCEMEM: 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 ADDMUM AM ATTAC I : 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 A, B, C, D, E, F, G and H, Appendix I and Appendix II are incorporated herewith and fully set forth. 17.20 OMRABILITYO CEABL ROVI O 8: If any part, section, sub -section, or other portion of this agreement is declared void, unconstitutional, or invalid for any reason, such part, section, sub- section, or other portion, or the prescribed 36 0 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 GO FA TA: 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 NON -WA= OF POWE S M BZ(;PkATIgNS: 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. ENT ONALLX LEPI BL 37 I Agreement BetweRn Citl Of s Cam an Inc. for purnishing gincrle-Ea tily Golid waste Q211ection SME21961 This Agreement shall be effective this day of , 1994, which shall be the Commencement Date hereof. Date: 0 �y-y �,19 _ - M ATTEST: BY: Date: Carol A. Evans City Clerk STATE 01' FLORIDA COUNTY OF 6R0UA-R1> THE CITY OF TAXWAC, FLORI BY: Norman Abtwmowi Robert S. f4be, Jr. City Mana er � / C Approved as to form: �7 By:Ck Mitchell S. Kraft City Attorney I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in doeecCounty A4vu� 5jeaforesaid o r� aMAYOR r take acknowledgments, personally appeared XGBEr—r 5. /YoE -rig„c Qry H—'4-N'4` W, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. t. WITNESS my hand and official seal this day of 1994. _------� � ,�•��, LCht�(3 NOTARY PUBLIC STATE OF F'LOR11 ; .�-., W COMMISSION EXP. NOV, 641994 (Name of Notary Public: 'BONDED THRU GENERAL INS. UND. ; Print, Stamp, or Type as Commissioned) �'�ITPICrA- M c-uR1a (V) Personally known to me, or ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or (,/) DID NOT take an oath. 38 Agreement Between City of TjMarao_and All servic2 RGfU86 Company, Xna, o ur sinqla-FaMily solid Waste Collection Services ATTEST: By: Co porate Secretary (Corporate Seal) SPATE Of FLORIDA COUNTY OF CORPORATION: By. t ice -President 1H Contractor I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County afo esaid 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 _12 day of �J 1994. 5FU T. WATT ( me of Notary Public: MM:May 21. W Print, Stamp, or Type as Commissioned) ( k1 Personally known to me, or, ( ) Produced -identification Type of I.D. Produced ( ) DID take an oath, or (;.-y DID NOT take an oath. F.w=unw u%wpS1%9Z-3554%uww%3.agr OM Bureau of Labor Statistics Data Page 1 of 1 Data extracted on: July 18, 2001 (04:33 PM) Consumer Price Index All Urban Consumers Series Catalog: Series ID: CUURA320SA0 Not Seasonally Adjusted Area: Miami -Fort Lauderdale, FL Item: All items Base Period : 1982-84=100 Data: Year 2000 Jan Feb 165.9 Mar A r 166.9 Ma Jun Jul Aug Sep Oct Nov Dec Ann 168.0 168.4 169.E 169.5167.8 173.5 2001 171.9 172.8 CPI change calculations: Atlanta Information Office. Home Page Data .Home Page BLS Home Page Bureau of Labor Statistics BLSinfi)At1anta,gb1s.gov Exhibit 2 173.5- 168.0=5.5 5.5 = 0.0327 168 0.0327 X 100 = 3.27% http://l46.142.4.24/cgi-bin/surveymost 7/18/01 Exhibit 3 • MnlF� l roward Solid Wasto Disposal District ECEI ;DEL 1 North University Drive, Suite 400-B TAMA.FVVI Plantation, FL 33324 BRQWAR 1,9F (954) 765-4202, Ext. 270 FAX (954) 577-2391 Resource Recovery Board T UR RES . N pa �j r County Members: Dr. Ben Graber • Diana Wasserman -Rubin Ilene Lieberman • Josephus Eggelletion, Jr. +�• City Members: Jim Naugle • Joseph Scuotto • Jim Waldman • Keith Wasserstrom • Lori Moseley Mr. Jeffrey Miller 7525 N.W. 88 Ave. n 33 Tamarac, Florida 33321 CC._ 0r_ co rn_ June 26, 2001 K O C 0 C0 Dear Mr. Jeffrey Miller: Effective Monday, October 1, 2001, the Tipping Fee for Processable Waste delivered to either the North or South Broward Resource Recovery Facilities will be $83.78 per ton. This new rate reflects an inflationary increase. All other fees are unchanged. If you have any questions please feel free to call me at 480-4390. Sincerely, Donald Freedland, Interim Executive Director Printed on recycled paper BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services 07nA/01 MON 17:06 FAX 1 954 584 1453 r ALL SERVICE REFUSE CO. Exhibit 4 2001 751 N.W. 31 ist AVENUE July 31, 2001 popublio Ser%4w* of Florida, L.P. d" ALL SERVICE REFUSE Jeffrey L. Miller, City Manager City of Tamarac 7525 NW 88 Avenue Tamarac, FL 33321 Dear Jeff: TEMP, ESO. No. / / FT. LAU©ERDALE. FL 33311 Please be advised that pursuant to the agreement between the City of Tamarac and All Service Refuse for single fmnily solid waste and recycling collection, the monthly rate for each unit shall increase effective October 1, 2001. According to the Bureau of Labor Statistics (404�331-3415), the appropriate Consumer Price Index for All Urban Consumers is 3.27% from June 2000 to June 2001. June 2000 168.0 June 2001 173.5 Current Price per unit per month is: CPI increase from 6/00 to 6/01 was: >increase 3.27% (5.5/168.0-3.27%) (Maximum 4.0% per contract article 3.5) $15.57 0.5091 Also effective October 1, 2001, the tipping fee will be increased by $1.54 per ton. This increases the rate by: Sum of above: The current price per City Logo Bag is: CPI increase from 6/00 to 6/01 was: Disposal increase @$0.02 per $1 per ton increase: Sum of above: 0.2772 $16.3563 $ 1.22 0.0399 0.0308 $ 1.2907 583-1830 07/13P/01 MON 17:06 FAX 1 954 584 1453 ALL SERVICE REFUSE CO. W002 Effective October 1, 2001, the following prices will be in effect: The monthly rate per unit shall be $16.36 The charge per City Logo Bag shall be: $ 1.29 Thank you for your assistance in this matter. Respectfully yours, 4JF. Ferguson General Manager Cc: Joe Schreiber, Mayor Mitch Kraft, City Attorney Jean Dupuis Iza r.