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HomeMy WebLinkAboutCity of Tamarac Resolution R-2001-252Temp. Reso. #9512 Page 1 of 4 August 30, 2001 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-252 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING A TIPPING FEE INCREASE OF $0.154 PER CUBIC YARD AND A CONSUMER PRICE INDEX INCREASE OF 3.27% FOR RESIDENTIAL MULTI -FAMILY SOLID WASTE COLLECTION SERVICES, EFFECTIVE OCTOBER 1, 2001; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 1993, the City of Tamarac entered into an agreement with Waste Management d/b/a Southern Sanitation for Residential Multi -Family Solid Waste Collection Services; and WHEREAS, on September 29, 1995, the City Commission executed an addendum to said Agreement extending the term from December 31, 1997 to December 31, 2001; and WHEREAS, on July 11, 2001, the City Commission executed an addendum to said Agreement revising the effective dates for Consumer Price Index and Broward County Disposal Fee increases to run concurrently on October 1 s` of each contract year and extending the term from December 31, 2001 to December 31, 2004; and WHEREAS, Article 3.5 and Article 8.1 of said Agreement provides for an automatic rate increases based upon changes in the Consumer Price Index and Broward County Disposal Fee, a copy of said contract attached hereto as Exhibit 1; and 1 Temp. Reso. #9512 Page 2 of 4 August 30, 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, Southern Sanitation has requested a rate increase of $0.154 per cubic yard due to increases in the Broward County Disposal Fee and an increase of 3.27% per the CPI increase for Residential Multi -Family Solid Waste Collection Services, a copy of said request and calculations attached hereto as Exhibit 4; and WHEREAS, the Director of Public Works and Special Projects Manager recommend approval of rate increases as requested by Southern Sanitation; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve the rate increase for Residential Multi -Family Solid Waste Collection Services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: A tipping fee increase of $0.154 per cubic yard and a Consumer Price Index increase of 3.27% for Residential Multi -Family Solid Waste Collection Services are hereby approved, effective October 1, 2001. 1 1 Temp. Reso. #9512 Page 3 of 4 August 30, 2001 SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 12" day of September, 2001. ATTEST: MARION WtENSON, CMC CITY CLERK I HEREBY CERTIFY that I hav -?pproved this RESCILLITION as to form. MITCHELL S. CITY ATTO E SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Axel DIST 1: COMM. PORTNER fl � DIST 2: COMM. MISHKIN A Pi DIST 3: V/M SULTANOF five, DIST 4: COMM. ROBERTS Al M Tamp. Reso. #9512 Page 4 of 4 August 30, 2001 U:\adm correspondence\agendas\9512RES-01 So San MF Garbage Rate Increase 1 Second Addendum to the February 24, 1993 Agreement Between the City of Tamarac and Waste Management, Inc. of Florida D/B/A/ Southern Sanitation For Furnishing_Multi-Family Solid Waste Collection This Addendum to the Agreement between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88 Avenue, Tamarac, Florida 33321 (hereinafter "CITY") and Waste Management, Inc., of Florida D/B/A Southern Sanitation, a Florida corporation with principal offices located at 3831 NW 21 Ave, Pompano Beach, Florida 3073 (hereinafter "CONTRACTOR") is made and entered into this -Z— day of , 2001. WITNESSETH WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated February 24, 1993, relative to the furnishing of multi -family solid waste collection in the City -of Tamarac; and WHEREAS, the CITY and CONTRACTOR agree to revise Article 1, Definitions, as herein specified in order to reflect current practices and descriptions; and WHEREAS, Section 4.3 of the Agreement between CONTRACTOR and the CITY provides for renewal for a three (3) year period of time; and WHEREAS, the CONTRACTOR agrees to include bulk pick-up service and to ovide two bulk pick-ups per calendar year to each CUSTOMER at no additional cost to the residents; and WHEREAS, the CONTRACTOR and CITY agree to waive the CPI adjustment effective January 1, 2001 and agree that all future CPI adjustments shall become effective annually on October 1, beginning with the October 2001 adjustment, based upon the June 30 Miami All Urban Consumer Price Index; and WHEREAS, the CONTRACTOR agrees that all future rate increases shall be inclusive of franchise fees; and WHEREAS, the CITY and CONTRACTOR, choose to extend the term of the agreement until December 31, 2004, pursuant to Section 4.3 of the agreement between the CITY and CONTRACTOR. NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993 and the addendum to the agreement dated September 29, 1995, between CITY and CONTRACTOR, the parties agree as follows: 1 Items Gtr���F represent deletions, underlined items represent additions 1. Article 1, Definitions, §1.1 Biohazardous Waste, §1.2 Bulk Waste, §1.15 Household Trash, §1.20 Refuse/Solid Waste, §1.22 Residential Service (Multi- family) and §1.31 Yard Trash — Regular are amended to read as follows: ARTICLE 1 Definitions §1.1 BIOMEDICAL/HAZARDOUS WASTE: Shall have the meaning set forth in Section 403.703 Florida Statutes. Such items are excluded from the solid waste stream under this agreement. §1.2 BULK WASTE: stoves, refrigerators, water tanks, washing machines, furniture and other waste material other than construction debris and garden and lawn trash, weights or volumes greater than those allowed for containers generated incidental to the use of the occupancy of the property where the b4wy bulk item is placed for collection. §1.15 HOUSEHOLD TRASH: All accumulations of paper, magazines, packaging, containers, sweepings and all other accumulations of a nature other than garbage or lawn clippings, which are usual to housekeeping and to the Gpe;at4on of . §1.20 REFUSE/SOLID WASTE: Garbage, household trash corporate limits of the city. rubbish, b4lky bulk waste, and other discarded matter within the §1.22 RESIDENTIAL SERVICE MULTI -FAMILY : All refuse collection service provided to all residential dwelling units, including townhomes, duplexes, triplexes, condominiums — and all other multi -family dwelling units within the service area excluding rental apartment complexes. �TI A - ■ m ♦ - I MCI! ♦ A - - A w � � A - • A A - - • A - • A w - - - - 2. Article 3, Fees and Revenues, §3.4 Tipping Fee Credit and §3.5 Consumer Price Index (CPI) Adjustment are amended to read as follows: ARTICLE 3 Fees and Revenues §3.4 TIPPING FEE CREDIT: One component in the computation of multi -family residential collection fees under this Agreement between CONTRACTOR and 2 Items strunk tl� represent deletions, underlined items represent additions CITY is disposal fees (tipping fees). Pursuant to the Agreement, CITY and CONTRACTOR shall negotiate an adjustment to the fee schedule in Article 9 if new technology is utilized by CONTRACTOR that provides verifiable cost savings in excess of the cost of such technology that benefit CUSTOMER and CONTRACTOR. The tipping fee credit shall be computed using the information supplied by CONTRACTOR as required in Article 8. d W, the gat to Sect+en 1--2.1 ( G §3.5 CONSUMER PRICE INDEX CPI ADJUSTMENT: If this agreement is not terminated as provided herein, on Jafwapy-4 October 1 of each subsequent year hereof, the rate shall be adjusted by the same percentage increase or decrease, if any, in the Miami All Urban Consumer Price Index (CPI), for all items for the twelve (12) month period ending the previous c,,ptem er � June 30. The CPI adjustment of the rate to be effective Janua 1 2001 shall be waived and shall become effective on October 1 2001 based upon the twelve 12 month period ending June 30 2001 Miami All Urban Consumer Price Index. Notwithstanding the foregoing sentence, no CPI adjustment in the rate shall exceed four percent (4%) for any one (1) year, except that in the event of an extraordinary increase in the CPI in such twelve (12) month period, CONTRACTOR shall have the right, between Au ust 1 and August 31 subsequent to the twelve (12) month period, to petition CITY by filing with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum level. The CONTRACTOR'S petition shall contain financial information, which shall substantiate the requested adjustment. The Contract Administrator shall within thirty (30) days of receipt of the petition recommend .to the City Commission that the petition be approved, denied or approved with modifications. Approval, denial or approval with modifications shall be within the sole discretion of the City Commission and shall be final and binding. The Consumer Price Index Adjustment shall not be effective January 1, 1996 and January 1, 1997 and shall be waived enly for these two (2) periods. Thereafter, CPI adjustments in the rate shall occur as set forth herein above and shall be calculated as follows: % CPI increase/decrease X current rate = rate adjustment. 3. Article 4, Term, §4.1 Contract Term is amended to read as follows: Article 4 Term §4.1 CONTRACT TERM: The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. Effective September 27, 1995 this Agreement shall be extended an additional four (4) years and expire on December 31, 2001. Effective 1 2001 this agreement shall be extended an additional three 3 ears and shall expire on December 31 2004. Service shall 3 Items &tR4Gk4hf-represent deletions, underlined items represent additions lateF than feky five (45) dayr, fre.m. the date this GGRtFart is emeouted by -heth paFties—be continuous from date of execution of this addendum. 4. Article 5 Scope of Services, §5.2 Bulky Waste is amended to read as follows: Article 5 Scope of Services §5.2 (g) : BULK WASTE: Effective January 1, 2002, CONTRACTOR shall provide bt&y bulk waste pick-up service on a bi-annual basis i.e. two times per calendar ear Contractor shall establish a schedule of bulk -pick-up collection days, which is agreed to by the City, on or before December 1st for the following ear. Bulkpick-LIPS shall be at_a location mutually agreeable to Contractor and Customer. In the event the Contractor and Customer cannot agree on pick-up location. the City ._shall determine the location. _Pick-up location must be accessible to Contractor's collection vehicles. Each item of Bulk Waste shall be of a configuration, weight and size that two men can safe)pick u the Bulk Waste and place it in a rear load collection vehicle. Contractor shall advise Customer in writin a minimum of 30 days in advance of each bulk pick-up. Any customer may _request Bulk Waste collection service in addition to the above as prescribed in Section 5.2(g)(2). CUSTOMER shall have the ability to schedule any additional service on an as needed basis through CONTRACTOR who shall provide the requested service within 48 hours of CUSTOMER call. The following methods and fees shall apply: 20 cubic _yard open top container at a cost of $250 for delivery. pick-up and disposal. T Collection and disposal of bulk items utilizing a rear load truck at a cost of $25.00 per item with a $50.00 minimum charge per call. Article 6, Schedules and Routes, §6.3 Storm/Disaster is amended to read as follows: (This section intentionally left blank) 4--tl-o Items r U& thru represent deletions, underlined items represent additions Article 6 Schedules and Routes §6.3 STORM/DISASTER: In the event of storm or other disaster, CITY may grant CONTRACTOR reasonable variance from regular schedules and routes. As soon as practical, after storm or disaster, CONTRACTOR shall advise CITY and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for CONTRACTOR and CITY to acquire additional equipment and to hire extra employees to clean city CITY of debris and refuse resulting from the storm or disaster, CONTRACTOR shall work with CITY in all possible ways for the efficient and rapid cleanup of such debris and refuse. CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and costs of rental equipment, provided CONTRACTOR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. Listed below are the equipment and corresponding rates per hour for the e ui ment which may be necessa for storm or disaster clean up in the City of Tamarac. This equipment shall be supplied on an "as needed" basis. 1 Boom Truck -- Self contained thirt 30 cubic and o en bed truck with a "clam bucket" loading mechanism for "an -site debris pickup" 2 Rear Loader Truck -- Thirty-one 31 cubic vard capacity "rear Load" acker t e waste collection truck. 3 Roll Off Truck — Single truck operation capacity to load/unload ten 10 through fort 40 cubic yard containers on site. Effective the date of this a reement the char es er hour for usa a of this equipment will be as follows: Boom Truck with driver / operator$130.00 / er hour Rear Loader Truck with driver plus 2 helpers)-$150.00 / er hour Roll Off Truck with driver / operator) $110.00 / er hour The foregoing prices and costs are subject to adjustment as set forth in Section 3.5. 5 Items &tru4,4hfu represent deletions, underlined items represent additions 6. Article 8 Rates, Records and Billing, §8.1 Rates, §8.4 and §8.5 are amended to read as follows: Article 8 Rates Records Billing §8.1 RATES: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor: The rate for multi -family service shall be adjusted either upwards or downwards as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (.10) per cubic yard for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. The tipping fee ad'ustment shall be calculated as follows: Total amount of disposal fee increase/decrease X .10 = Increase/decrease per cubic yard) §8.4 '^ft @ Billing is shall be done by CONTACTOR, nth ly, on a monthly_basis and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a4st Were � ti +;.,^ nt ,�� ^���Gt,^ns the total amount billed for the month the total amount collected and a listing of all accounts and balances that are in arrears over sixty (60) days. The contractor shall provide this data in electronic format. G CONTRACTOR within sixty (60) days after- _nmmenrement ' , - ---traGt Shall pl-e-vide CITY with; of agreement and annually thereafter shall provide the CITY with a list of all accounts indicatinq CUSTOMER name CONTRACTOR'S account number location and billing address which shows the quantity and size of containers and frequency ofpick-up for each account. §8.5 OnGe a year,O. R._CTOR CITY, GOrnpletionof - = r - with any other (other tha - .- -Rage - CONTRACTOR on an annual basis shall rovide CITY with a re ort of the tot Items strurk thru represent deletions, underlined items represent additions r r . tonnage of solid waste collected from multi -family -residences within the CITY during -the previous twelve 12 month period. Said report shall break out the tonnage collected during bulk pick-ups. 7. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive any rights contained therein. 8. The effective date of this Addendum to the Agreement shall be the date of execution by the last party to execute. IN WITNESS WHEREOF, the parties hereto have made and executed this Addendum to the February 24, 1993, Agreement on the respective dates under each signature, the City of Tamarac signing through its Mayor, and Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through Phillip Morris, Division Vice President, duly authorized to execute same. ATTEST: Marion Swens4n City Clerk Date: d/ o ADDr6ved as to form and ledai surd ien I Mit II S. Kraft City Attorney CITY OF TAMARAC By: (, )Zne Joe Schreiber, Mayor DATE: e-7101 4.177W" Jeffrey L. Miller City Manager Date: Fl 7Io / 7 Items 6tFUGk thFu represent deletions, underlined items represent additions ATTEST: CONTRACTOR Waste Management Inc., of Florida, D/B/A Southern Sanitation �y: Secretary ( 5) Mori Division Viceel'w President !%i`CG� Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA ) COUNTY OF BROWARD ) Date: ,low Before me personally appeared , to me well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that he/she executed said instrument for the purposes therein expressed. WITNESS my had and official seal this day of d2A 2001 Notary Public, State of Florida At Large Print or Type Name of Notary My Commission Expires: MAUREEN SONKOSKY Personally known ( ) CoMM=K>N # CC798M58 EXPIRES DEC 22.2002 BONDEDTHROUG" Produced Identification ( ) ADVAWNXHDTA" Did/Did Not take an oath ( ) 8 Items s#rusk4karu represent deletions, underlined items represent additions WASTE MANAGEMENT INC. OF FLORIDA The undersigned states that he is the qualified and acting Assistant Secretary of Waste Management Inc. of Florida, a Florida corporation (hereinafter "Corporation') and that the following is a true and correct copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent appears in full on the books of the Corporation and remains in full force and effect on the date hereof. RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the February 24, 1993 Agreement between the City of Tamarac and Waste Management Inc. of Florida D/B/A Southern Sanitation for Furnishing Multi -Family Solid Waste Collection. FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contracts, documents, certifications, deeds, and memoranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seal of the Corporation this 10 day of July 2001. Assistant WASTE MANAGEMENT INC. OF FLORIDA ASSISTANT SECRETARY'S CERTIFICATE The undersigned states that he is the qualified and acting Assistant Secretary of Waste Management Inc. of Florida, a Florida corporation (hereinafter'Corporation"j and that the following is a true and correct Copy of the Unanimous Consent of the Board of Directors of the Corporation which Consent appears in full on the gooks of the Corporation and remains in full force and effect on the date hereof. RESOLVED, that the Corporation is authorized to enter into that certain Second Amendment to the February 24, 1093 Agreement between the City of Tamarac and Waste Management Inc of Florida D/81A Southern Sanitation for Furnishing MuMi-Pamily Solid Waste Collection. FURTHER RESOLVED, that Phillip Morris, John Casagrande or any officer of this Corporation be and is hereby authorized, directed and empowered to execute and deliver for and on behalf of the Corporation, any and all agreements, contracts, documents, certifications, deeds, and memoranda deemed by him to be necessary and appropriate to effect the herein authorized Resolution. WITNESS my hand and the seal or the Corpora ;3-d 6STS bLG -1;-56 eiir=GO TO 11 TnC a Addendum to Februa 24 1993 A reemen n i f Tam r and e M n emen In . of Florid D/B/A o ern San#atM For Furnishingesiden ial M Iti-Fam'I Solid Wast all c ion S rvices This Addendum to the Agreement between CTamarac l and Waste Management, Inc., of Florida DB/A City Sanitation (hereinafter , 1995. "CONTRACTOR") is made and entered into this day of S b WITNESSETH WHEREAS, the CITY and CONTRACTOR tmuldinto an t�i-family solid greement dated waste collection February 24, 1993, relating to the furnishing of residential services in the City of Tamarac; and WHEREAS, the Agreement between Waste Management, ce Index (CPI) -of CPI Florida ad D/B/nt Southern Sanitation and the fie provides anda Cons umer to be effective on January WHEREAS, Waste Management, Inc., of Florida DEW/a Southern ationsh p Sanitation with the expressed a strong desire to have a long term mutually City; and WHEREAS, Waste Management, Inc., of FloridaD/to/ASouthern the 1Can umer tation has requested an amendment to Section 3.5 of the Agreement pro vide Price Index Adjustment that was to be effective on January 1, 1996 and January 1, 1997 be waived; and WHEREAS, Waste Management, Inc., of Florida D/B/A Southern Sanitation has requested an amendment to Section 4.1 of the Agreement to provide 3n dean ; extension of the term of the Agreement from December 31, 1997 to Dec _ Revised 8/30/95 Revised 9/8/95 Revised 9/11/9 5 WHEREAS, Waste Management, Inc., of Florida p/ requested an amendment to paragraph 9.1 d 1 B/'°` Southern Sanitation has )( monthly caster charge is hereby waived; and ) of the Agreement to provide that the WHEREAS, Waste Management, Inc., of Florida D/B/A Southern requested an amendment to the Agreement that would have residential multi -family rate b Sanitation has Consumer Price Index Adjustment and waiving the January the effect °f reducing the urinating caster charges. and January 1, 1997 NOW, THEREFORE, in addition to the obligations set forth in the Agreement of February 24, 1993, between CITY and CONTRACTOR, the art p ies agree as follows; 1 • Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment is amended to read as follows: icle 3 es and Revenues §3.5 C s mer Pric Ind x CPI Ad'ustmen If this agreement is not terminated as provided herein, on January of each subsequent year hereof, the rate shall be adjusted b the 1 Consumer Price Index (CPI) for all items for the twelve12 same percentage increase or decrease, if any, in the Miami All Urban period ending the previous September 30. Notwithstandinmonth g the foregoing sentence, no GPI adjustment in the rate shall exceedthe percent (4%) for any one (1) year, except that in the event Ofanextraordinary increasse in the CPI in such twelve 12 n CONTRACTOR shall have the right, between December period, December 31 subsequent to the twelve (12) month period to r 1 and petition CITY by filing a petition with the Contract Administrator for an adjustment in the rate above the four percent (4%) maximum The CONTRACTORS petition shall contain financial in level. which shall substantiate the requested adjustment, formation Administrator shall within thirtyThe Contract recommend to the City (30) days of receipt of the petition approved ,denied or approved with modifications. Approval, petition be i approval with modifications shall be within the sole discret on of the City mil C mmis i and shall be final and binding.the 2 Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 The Consumer Price Index Ad justment shall not be effective Jnuar 1 1996 and January 1.1997 _and a waived only for tb.Qse (2) periods. Thereafter. CPI adjustments in the rate shall Q_qqur as set f ph her in' a ove. 2. Article 4, Term, Section 4.1 Contract Term is amended to read as follows: Article 4 Term 4.1 Contract -Term The term of this Agreement shall be for a five (5) year period commencing on and including January 1, 1993 and expiring on December 31, 1997. FffPrtive September 27. 1995, this Agreement $ball be extended an additional four _f41 Years and expire on Degember3l.2001. Service shall commence no later than forty-five (45) days from the date this contract is executed by both parties. 4.3 Renewal Term This Agreement shall be renewable by agreement of both parties for one (1) three (3) year period. This option may be exercised by action of the City Eeume+_Q mi Sion and CONTRACTOR during the month of 4uly-a-99G, July 2(20 however, that the total remaining agreement shall never exceed etg#tj8) twelve (1Z years. These options are available at the sole discretion of the CITY, and if exercised by CITY, CONTRACTOR shall be required to provide the same services upon the same terms and conditions for the extended agreement term. CITY shall not have any obligation to exercise these options. 3. Article 9, Compensation, Section 9.1(d)(1) Optional Services is amended to read as follows: ,: Y M4 UPk 9.1(d)(1) Optional Services: Sub A Casters The caster charge per month_ maintnenance per container is ment 0-9j--/3 Revised 8/30/9g Revised 9/8/95 Revised 9/11/95 4. The February 24, 1993 Agreement between CITY and CONTRACTOR and all subsequent amendments and addenda thereto not subject to this or other duly executed amendments and addenda remain in full force and effect. Failure to specifically delineate any prior terms or conditions in this addendum does not operate to relieve CITY or CONTRACTOR of any obligations pursuant to the Agreement or waive any rights contained therein. 5. Effective date of this Agreement shall be date of execution b the last party to execute. y 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 Waste Management, Inc., of Florida D/B/A Southern Sanitation signing by and through 'D"91UNOIXI(h dul to execute same. James A. Waters Y authorized CI OF TAMA C By. No man Abramowitz, Mayor Date: —*� S� ATTEST: Carol Evans, City Clerk Date: Robert S, Noe, Jr., City Manager � �S Date: Approved to form an egal 107Tc Mitchell S. Kraft, City Attorney STATE OF FLORIDA ) ss: Acknowledgement of City of Tamarac COUNTY OF BROWARD ) BEFORE ME, the undersigned authority this day personally appeared Norman Abramowitz, Mayor, and Robert S. Noe, Jr., City Manager, and acknowledged to me and before me that they executed the above and foregoing contract for the uses and purpose therein expressed with due authority in that behalf from the City Council of the City of Tamarac, Broward County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Tamarac, Broward County, Florida on this ce%X-� day o , 1995. VA& OFFICt" NOTARY SS AL x KAREN LZ2 JAC=N 00WiWwow Numsen CC201576 MY CCUMI5S1ON !06 OF MO MAY t.t 1096 -X— Personally known to me Produced identification Notary Public, State Florida at Large Print or Type Name of Notary Public Commission Number & Expiration Date IN C Corporate Secretary ItAim L Lom Erlo Type name of Corporate Secretary (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF BROWARD Revised 8/30/95 Revised 9/8/95 Revised 9/11/95 Before me personally appeared to me well and known to me to be the person described in and who executed he known instrument, and acknowledged to and before me that he/she execu foregoing instrument for the purposes therein expressed. ted said WITNESS my hand and official seal, this `lam day of-��e�., 1995. +Notary�Pic,�Statof Florida At Large My Commission Expires: J ""' 2 17 CP:ersonall k Pro used Identification Did/Did Not take an oath. Print or T K ype N'aof Notary ►-EBUZ JEM SCHENCK :.. .; MY COMIAMM I CC 46M5 MBEs: Apa 27. 19H AGREEMENT BETWEEN THE CITY OF TAMA RA C AND WASTE MANAGEMENT INC., OF FLORIDA D/B/A! SOUTHERN SANITATION FOR FURNISHING MULTI -FAMILY SOLID WASTE COLLECTION SERVICES FEBRUARY 24,1993 AGREEMENT BETWEEN THE CITY OF TAMARA C AND WASTE MANAGEMENT INC., OF FLORIDA, D/B/A/ SOUTHERN SANITATION FOR FURNISHING MULTI.FAMMy SOLID WASTE COLLECTION SERVICES This is an Agreement dated the 24th day of February, TAMARAC, a Political subdivision of Broward County, Flida, its successorsHand ITY OF (hereinafter referred to as C ), through its City Council, and Waste Managementassigns, Florida d/b/a/ Southern Sanitation, its successors and assigns, (hereinafteefe Inc., of „CONTRACTOR"). referred to as ALLazisXILH In consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONTRACTOR hereby agree as follows: Definitions 1.x 403.703 Florida Statutes. Shall have the meaning set forth in Section 1.2 Stoves, refrigerators, water tanks 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. 1.3 BLS: Retail, professional, wholesale and industrial facilities and commercial enterprises offering goods or services to the public. other I'4' Business establishments (for profit or not for profit) k,QhIMLE City of Tamarac. P )within Z'Sfj2hamlivaga:Multi-family residential apartment Broward County tax rolls as condominium oeipbuildingsethat are on the designed for mechanical container (dumpster) garbage and trash pic up. �d �e 1.6jaQ construction, remodeling, repair or demolitionantebuilding omaterials resulting from 1.7 as defined herein. Any dumpster, compactor, roll -off container, garbage can or bag. n or ted 1.8 �Tg; Any condominium or muownertor anizationiati°that utilizes the representative of a condominium or home services of the CONTRACTOR. 1.9 : Dead animals shall mean any four legged, two legged, fur, fin, feather livestock, household pet or other -wise. A site or facility legally empowered to accept solid waste for 1.10 roved b the City of Tamarac, froward County, and treatment or dispas as apP a encies. the State of Florida governing $ ned or intended to be 1.11RVj: Any detachable metal container loader or rear -end loader truck or mechanically dumped into a fork type front in size from two (2) to eight (8) similar mechanism garbage truck and varyg cubic yards. -family structure designed or intended for occupancy 1.12 p_LP�.E.X.: A detached two by two (2) families. ] 13 :All waste and accumulation of animal, fruit or vegetable matter Qat$ r that orage attends, or results from the preparation, use, handling, cooking, nature of meats, fish, fowl, fruit, o decay neration of noxious or matter of any whatsoever which is subject t y gases or odors, or which, during oth r after decay, and asanbr botmt ges,rcans or material for flies or other germ -carrying containers, -utilized in Inormal household use, -which -tray retain water -and serve as breeding places for mosquitoes and other insects- All All accumulations of grass, leaves, KA�shrubbery, vines, tree branches and trimmings which are normally associated with the care and maintenance of landscaping. 1.15 .. All accumulations of paper, magazines, packaging, bage containers, sweepings and all other accumulations od nature oati n of ther than stores. or lawn clippings, which are usual tohousekeeping offices or other business places. 1.16 A residential building which contains more than one (1) living unit, �in�cluding bdo notes uireitedtCONTRAC'TORS condominiumsdry ce exes. City may designate duplexes which �1 1.17 1.18 1.19 : Any vehicle which is not in of this Agreement is a proper vehicle. Shall mean the form of security approved by city and furnished by the CONTRACTOR as a guarantee that CONTRACTOR will execute the work in accordance with the terms of agreement and will pay lawful claims. An occupant of a residential unit who generates refuse. violation of any provision the the the : Garbage, rubbish, bulky waste, construction or demolition debris and other discarded matter within the corporate limits o e 1.20 city. 1.21 that may be established for theAnomi:me administrative rules, regulations and procedures Pure°ems of carrying out or making effective the Provisions of this agreement 1.22 1.2 1.24 1.25 1.26 1.27 1.29 1.30 1.31 provided to al] residential dwelling units, including townhomes, duplexesservice triplexes, condomiruurns _and all other multi-familyAll refuse collection service service area dwelling units witin the Con3 range capacity from 10 to 40 arils o en for large cornpatible). Y (A p) orfromS taccumulo 45 yards (compaations Of refuse ctor EIIIISH: All waste wood, wood products, tree trimmings, Plants, weeds, leaves, dead trees or branches thereof, chips, shavings, Printed matter, agrass cuttings, dead and discarded clothing, IPasteboard,ud a rags, straw, used and discarded mattresses, used used and discarded shoes and boots, combustible waste Pulp and other products such as are used for acka glass, ashes, cinders, floor sweepings, glassPtnineral o°rme wrapping, sub any and all other w PP�g, crockery and Construction rite materials nit included in the definition of Bulky Waste, and Debris, Garbage, Hazardous Waste, and Special Waste. supervision, materials The to complete work under this Agreement shall consist of th -&aid work. , Nutpment, labor and all other items necessarye lete Ci ty lim i is of Ci ty of Taro arac. exceeds the uniform level of servicc011e Providedection or Underre Service provided which Per the agreement, and for which a s stdenga] service systems, special service charge is applied. gPPOTA T 'Ivy. Chemical content required waste which by the nature of its size, w6ight or includes but is not limited o tree ti�-irdnroigi�$s either branches coon or ills osal. weight defined in Garden and Lawn Trash, or Yard Trash, hazard P Thrs exceeding the size or appliances, bulky household items, large furniture items, construction abandoned vehicles or vehicle hazardous materials, explosives, radioactive materialsporrtliquid waste, or any items that n materials, lawfully disposed of at the disposal facilityy pa�� dead animals, flammables, utilized by the CO at may not be to iACTOX �Y�Shall mean e � theof PAY who is bonded with lawful debts pertaining and for the CONTRACTOR Performance of the agreement. g to and for the acceptable washers, water heaters and other similar dome Discarded refrigerators, ranges, ..,.. �._ . _ appliances. landscaping maintenance and shall 1 include ude materials suetative matters ch from Yard and trimmings, grass clippingshas tree and shrub , palm fronds or small tree branches which shall not exceed four (4) feet in length and four (4) inches in diameter. Such bundled and placed curbside for regular collection, h trash shall be M Grant of Franchise CONTRACTOR'S performance hereunder and comp fiance with the In consideration of the CONTRA the CITY hereby grants to the ITY covenant s and conditions set forth herein, and to the ordinances and regulations of the C governing the collection of residential soli waste,, CONTRACTOR the right pursuant to Article 7.19 of the it farar thre purpose ep public in CONTRA orate limits of the alleys and thoroughfares within the carp business of collection of solid waste for multi -family residential Agreement, but no otherwise ithrr► e rs located w the b pursuant to the terms of this gr corporate limits of the CITY eement and The CITY shall retain vested title to all waste materials cover are by by CONthis franchise TRACTOR; generated withine shallpassto Corate ONTRACTOR. ts of the CITY �� cam at which time, title P reserves the right to establish a separate recycling collection program outside of this The CITY reduction lass lactic or other materials. However, any Agreement for newspapers, aluminum, glass, plastic o in this A reement due to a reduction in g rani for recyclable in the size of the container and/or frequency of pick-up CONTRACTOR Ipro and CUSTOMER. the volume al solid waste subject ected as a of negotiationst of a betweenntherC recycling OR r CUSTOMER. materials shall be the subject $ Legal procedures shall be invoked in �eBrarowue d cannot agree to aoreduction.prope jurisdiction pursuant to Article 17 in the event thatp Tees/Revenues 3.1 CON : In consideration of the grant contained in Article 2 hereof, the TRATORChereby agrees to pay an I Haunt (' Stas reet User Fee equal to nsation for the right to use its streets, alleys and thoroughfare fifteen percent (15%) of all Gross Receipts derived orporate limatsnofTamaracs (multi -family) solid waste customers �' days after the end of the month. A Payments shall be due no later than thirty (30 ) Y franchise fee of 15% shall be paid retroactive from October 1, 1992 until effective date of Agreement~ CONTRACTOR shall provide to CITY of CO�1� fRACTyOR d5tatemen statements shou d signed by an authorized representative accompany payments and identify in detail the the records oamounts CONTRACTOR Receipts received by r which CONTRACTOR, is made related to CONTRACTOR'S during the month for which pay performance under this Agreement. If CONTRACTORnama�ttinan r action tomake such reports and payments, CITY Y CONTRACTOR to recover the same ar eslult of an annual auds of it pursuant to including reasonable attorney fees ,have been $.2; there is a discrepancy between what to be should aid to CITY pursuant t� �e franchise fees versufor s what was required P Agreement, CONTRACTOR shall be hallnbebdue no le for later thatr► tdifference irty (30) d ys and owing to CITY. Such difference s after delivery of notice to CONTRACTOR of said difference. It is further understood and agreed that a atatesitem on thideration e eaid Pde t�s garbage t to this Agreement shall not be added on as a s p collection bills, but rather shall be considered as an operational expense. 3.2 methods of collection and In event CONTRACTOR establishes an time, a percentage of gross receipts fal Of rom such collections which y other included in the calculation of the wastelid ' CIT'Y shall establish, at that amounts due, ich should be 3.3 Payment for this franchise on or before the datethe event ONT due as he CONTRACTOR shallZACTOR fails to make the that a pay an interest charge for each month, or a fraction thelreof, Chase ha Payment eat is ]ate, q� ��rest Factor shall be based on the Manhattan Bad, N.A. plus one percent �) calculationpwill mate for the as follows: illustrated Prime Rate + 1 %%36S da S~ DIR x Days Pa y � ��) Daily interest Rate �TP' yment i.ate=Interest Charge R 3.4 3.5 egardless of the foregoing, the interest section will comply with all applicable state law rate referred to in this s. residential collection fees tinder component in the computation of multi -family CITY is disposal fees (ti this Agreement between CO CONTRACTOR shall negotiate fe s) Pursuant to the A FACTOR and new technologyadjustment to the feeschedule lie nt' CITY and Savings is utilized by CONTRACTOR that provides vin Article 9 if in excess of the cost of such CONTRACTOR. 'I'}te ti in f technology that benefit CUSTOMER and suppl1ed by O PP gee credit shall be computed using to, the infoxma CONTRACTOR as required in g the information required pursuant to Section I2 X �c�' including, but not limited CE terminated as provided herein,�on,anu 1f this agreement rate shall be adjusted b arY 1 of each subsequent meat is tnot he Miami All Urban Consumer same percentage increase or decrease, if hereof, the month period endingPrice Index (CPI) For All Items for the twelve l in the sentence, no CPI adjustment e Previous September 30. Notwithstandingelve (12) (1) ear in the rate shall exceed four Pert 4 the foregoing year, except that in the event of an extraordinary Percent (4%) for any one twelve (12) month period, CONTRAary increase in the CPT in such December 1 and December 31 subent OR he twelve Petition C1Ty by filin a the right, between adjustment in the rate a Pabovee the fourth the Contract Administrator period, n CONTRACTOR'S percent (4%) m dminmirator for an substantiate Petition shall contain financial information which shall he the requested adjustment, The Contract Administrator thirty (30) days of receipt of the all Petition be approved, denied t approved P anon recommend to the Cityshall within approval with modifications shall within the sole disc eT . Approval, that the and shall be final and binding, Pproval, denial or on of the City Council ra 4.1 Ter 3period commencin ' The term of this Agreement shall be for 1997. Service shall and including January 1, 1993 and ex a five (S) year this contract is executed b commence no later than forty-five (45j expiring on December y both parties. days from the date 5 4 2 : City shall have the option to extend the term of this Agreement on a month -to -month basis on thirty (30) days written notice. reement shall be renewable by agreement of both 4.3 This Ag option maybe exercised by action for one (1) three (3) year period. This opoa�rties f the City Council and CONTRACTOR during the month of July 19967 however, that the total remaining agreement shall never exceed eight (8) years. These options are available at the sole discretioof the s�arn, and if upon the same rcised by CITY9 CONTRACTOR shall be required to provide terms and conditions for the extended agreement term. CITY shall not have any obligation to exercise these options. Scope of Services 5.1 agrees to be the solid waste collector and to collect all CONTRACTOR hereby solid waste generated by multi -family residential customers within the corporate limits of the CITY, except as specifically excluded in this Agreement- 5.2 - shall be provided regular refuse collection service at least two (2) times per week under this Agreement All multi -family units are required to receive such service. (b) : CONTRACTOR -shall -provide mechanical/containerized (dumpster) refuse collection service at least two (2) times per week under this Agreement (c) kpl : CONTRACTOR will also provide the means to decrease container si24 if requestedby 9�1�UDunOngthebfir sased on year the crease of garbage volume as described in contract, service level can be adjusted quarterly and thereafter service level may be adjusted no more than twice per year. (d) : Pickups shall not be reduced by holidays, other than Christmas Day. CONTRACTOR h�RpCTOR shall suired to petck rvi epall residential on all holidays other than Christmas Day pick-up shall be made customers twice during Christmas week and at least one (1) p P after Christmas Day. (e) - Container refuse customers shall accumulate refuse at locations that are mutually u nvenyengreed for collectionon ythe by CO usNTRACTOR. tomer and CONTRACTOR and which are co Where mutual agreement is not reached, CITY shall coordinate with CONTRACTOR and CUSTOMER to designate location. U) MEM - First collection per day will not begin prior to 8:00 A.M. or pursuant to Section 9-91 of the City Code herein attached as Exhibit "B" or such time as set by CITY via duly enacted ordinance. (1) (2) CONTRACTOR shall provide service Monday through Saturday. (3) CONTRACTOR shall not make Y Sunday. any waste collections on a e CONTRACTOR shall negotiate with CUSTOM means to provide bulky waste pick-up. ER the 5.3 request additional garbage collection service in conformance thmay established in Article 9, y aces 5.4 minimum of noise and disturbaOrtce CONTRACTOR shall make collections with a Containers shall be handled carefully b CONTRACTOR and shall be thoroughly This work shall be done in a sanitary Y emptied and left where they were found CONTRACTOR shall be picked up and manner. moved bynCONaTte spilled by the receptacle found in an enclosure of an CONTRACTOR. Properly in such, enclosure. Y kind shall be replaced securely �a Customer's garbage receptacles, the event of damage by CONTRACTOR of a timely repair or replacement CONTRACTOR shall be responsible for the 5.S y��r -T: It will not be the responsibility of CO waste resulting from clearing property for buildtn _contracted to do so. CONTRACTOR to remove g purposes, unless specifically Schedules and Routes 6.1 CONTRACTOR. M ION: Collection routes shall be established b routes to the city for i ppr� shall subal, which mit it map designating the withheld. City may amend the collection pp shall not bunreasonably amendments do not increase the cost of CO routes annually so long contemplated herein. NTRACTOR to provide thservices 6.2 that at times during the year, the quantity of refuse CONTRACTOR �riacknowledges fluctuation in by the amount of garden and yard trash. be considered a justification for the failure of CONTRACTORY load w will of established schedules and routes. CO This additional load �,� not removal of all refuse. CONTRACTOR xes maim ire the for 6.3 alNTRACTOR reasonableIn tvariance from re ular e event of storm 0 Sher deter, Cl'l`y ma as practical, ran after storm or disaster, CO $ chedules and routes. As soont customer of the estimated time required ACTORar altadvise ie C be resumed.tl`Y and the schedules and routes can Where it is necessary for CONTRACTOR and CITY to acquire equipment and to hire extra employees to clean city of debris an from the storm or disaster, CO fu additional ways for the efficient and CONTRACTOR CO Rhin work with C d refuse resulting p of such debrisandl Possible N CONTRACTOR shall receive extra compensation above agreement for additional employees, overtime and costs of rental equipment, provided CONTRACTOR has first secured prior written authorization from CITY to utilize and hire additional labor and equipment and to incur overtime. Said compensation shall be calculated on the basis of CONTRACTOR'S actual costs for additional labor, equipment and materials, plus a reasonable amount as overhead and profit to be negotiated. CONTRACTOR shall provide CITY with sufficient records to clearly support its claim for additional compensation. 6.4 NUSCELLANEOUS: Employees of CONTRACTOR shall not be required to expose themselves to the danger of being bitten by dogs or other animals in order to accomplish refuse collection where the owner or tenants have such animals at large. CONTRACTOR shall immediately notify CITY in writing of such condition and of its inability to make collection because of such condition. ARTICLE 7 Disposal of Solid Waste CONTRACTOR shall deliver multi -family residential solid waste collected pursuant to this agreement to the approved Broward County Recovery Disposal facilities or to any transfer station which may hereafter be utilized in the future by CITY and approved by Broward County (such site hereafter called the DISPOSAL SITE). CONTRACTOR shall not be reimbursed by CITY for costs and expenses actually paid by CONTRACTOR to Broward County for the use of disposal site for disposal of residential solid waste collected, pursuant to this Agreement. All alternative disposal sites must be approved in writing by CITY prior to use by CONTRACTOR. All laws, rules and regulations governing hours of operation and disposal practices at disposal sites shall be strictly observed by CONTRACTOR. The parties hereby agree that all services provided by CONTRACTOR pursuant to this agreement shall be carried out in a confident and business -like manner and in compliance with the standards and specifications set forth in the attached Exhibit "D" (Performance Standards). CONTRACTOR shall not engage any subcontractor without written prior approval by CITY. Any revision or establishment of new performance standards shall be approved by Council and upon such approval, shall become a part of this agreement as though fully set forth heroin. The allocation of any and all costs which may be hereafter incurred by CONTRACTOR in conforming with any changes in the performance standards, shall be negotiated by CONTRACTOR and CITY in good faith. ARTICLE 8 Rates, Records, Billing 8.1 RAM: The rates referred to in Article 9 shall be automatically increased or decreased to reflect substantiated increases and decreases in disposal fees at facilities used by CONTRACTOR. Such adjustments shall be effective on the date the disposal costs are approved by CITY and calculated based on the following applicable conversion factor. The rate for multi -family service shall be adjusted either upwards or downwards as a direct pass -through for any disposal fee increase or decrease based upon the calculation of ten cents (.10) per cubic yard plus the applicable franchise fee for each dollars ($1.00) increase or decrease (or fraction thereof) in the per ton tipping fee at the disposal site. (a) In addition to the rate adjustments described above, CONTRACTOR Petition CITY any time after the first anniversary may adjustment. CrI'y. reserves the right to require date of this agreement for a rate for any rate increase proposal including additional information as backup Finance De g g an audit of applicable records by CITY Department or agent thereof, CO ' increases roust be approved by Resolution �e CR recognizes that all rate considered on a timely basis by CITY. eso CONTRACTOR Council and shall be increase prior to approval b City shall not bill an rate the initial rates described herein. CITY dshallchavegiven thirt (residents including submission of the rate request by CONTRACTOR in which to request ui wnrom additional backup information. tin g (b) In the event that rates are increased or decreased Ian dfilVincinerator/disposal site and/or by Broward County or an other t the governmental agency CITY may no ' CO Y state or fees based on formula as specified n g FACTOR within l5 days to adjust (c) The rates quoted are to apply to any area annexed into the city, (d) CONTRACTOR shall work with CITY to resole Problems that may arise during the term of the agreement, This include not limited to, providing extra crews and equipment n a any unforeseen Providing dumpsters in times of emergency, s, but is disposal of any unusual amounts a garbage and trash times of emergency, g Y, and assisting in the collection and departments of the city, accumulated b y the various �r�in: CONTRACTOR agrees to maintain, at his 'local office or cip,dace of business within Broward County, relating to the performance of its obligation undere tthis�A d records CONTRACTOR agrees to maintain separate records in a form identify gross receipts from the City s Tamarac from gross receiptsg iciest o municipalities, osufficient to Aerations. Audits, upon reasonable notice by the City, nofor t Performed more frequently than twice a year during norrual workinghours. may, upon reasonable notice, cause an audit to be performed b city CITY by an independent party designated by CITY of that portion of by persdnnel CONTRACTOR'Sor books and records relating to its performance under this agreemencosto an annual audit pursuant to this provision shall be reimbursable costs under Section 13.3 performance evaluation and monitorin The cost of work papers can be removed from the inspection location. No original noteor 8.3 G: (a) COFACTOR shall be responsible for monthly e collection. CONTRACTOR'S telephone number shall be included custombilling and to customers and bills for service. n all notice$ (b) CITY shall provide CONTRACTOR with a list of all customers, addresses, type of service, and frequency of collection prior to co stomers, billing service, mmencement of (c) discontinue a customer's service for non- a CONTRACTOR may due in excess of sixnon-payment if a customer's account is past non-payment, the customer's days. eposits may be customer's 's lid tservice has applied to the customediscontinued s � ours for 9 (d) Service shall be restored upon payment of account by customer. CONTRACTOR may charge a service fee of $15.00 when service is being restored after being disconnected for non-payment. CONTRACTOR may charge a monthly late fee, not to exceed one (1%) per cent of any past due balances in excess of thirty (30) days. CONTRACTOR shall notify CITY of the discontinuation of a customer's service, if such service is not restored within ten (10) days. (e) CIJSTOMER DEEQSIT : CONTRACTOR may require a deposit not to exceed twice the fee for monthly service. If CONTRACTOR is providing a mechanical/bulk container to the customer, the deposit may not exceed the total of the fee for two months service plus one hundred ($100) dollars for each yard of the mechanical container capacity provided. All deposit schedules shall be uniformly applied. If a customer's service has been discontinued for non-payment twice in a twelve (12) month period, CONTRACTOR may require an additional deposit equal to fifty (50%) per cent of the regular deposit. Customer deposit shall be returned or applied to the final bill when the account is closed and service is discontinued. Customer deposits shall be held in escrow by CONTRACTOR, and any deposit not refunded to customer shall be transferred to the city upon expiration or termination of the agreement. 8.4 Where the billing is done by CONTRACTOR, billing may be made monthly, and CITY shall receive its franchise fee monthly within thirty (30) days after the end of the month. CONTRACTOR shall provide CITY with its payment of the franchise fee, a listing of all accounts for which no collections were received after sixty (60) days, a listing of all collections -and a listing of all accounts that are in arrears over sixty (60) days. CONTRACTOR shall provide CITY with said information on an annual basis from multi -family customers. CONTRACTOR within sixty (60) days after commencement by a contract shall provide CITY with: (1) A list of all accounts by name and numbers. (2) The total amount billed to each account. 8.5 Once a year, CONTRACTOR shall provide to CITY, completion of a total route within CITY without commingling trash/garbage with any other route (other than CITY'S) and provide CITY with an accurate tonnage weight analysis. e T1cr.Fg Compensation 9*1 : CONTRACTOR shall be paid the following sums for a service that it provides within the CTTy. all OPTION V. MONTHLY SERVICE Container 1x per 2z per 3z Pot�y Size week 4x per 5x per 6x per week week week 2 cu. yds. week Week 3 cu. yds. 61.69 118.12 174.55 230.98 287.41 343.85 q Cu. yds. 76.81 148.27 219.73 291.19 362.65 434.11 92.82 S Cu. yds. 179.31 26. 5 80 352.29 438,78 525.26 108.45 6 Cu. Yds, 209.97 311,46 413.00 514.52 616.03 8 Cu. yds. 124.07 240,62 357, 16 473.71 590,25 706.80 154.91 301.52 448.1 594.72 741.32 (d)(1) OPTIONAL 807.93 SERVICES; (Up to q cubic (a) Casters (b) Rollout:: yards per container) � $ Per month maintenance per Container pef month per container for shoe, easy $rollout, 1 time per week 10 per month for each additional de week Per week $ Per month for long, dif icuF( rollout tirne � per month for each additional day per (c) Unscheduled or s week Pecial S pickups _1_i2L, (d) Companed per uncompacted yard rates (Ratio 4 l0 1) yards 1 1 5 - 3 cub, Per pickup Yards 4 cubic pet pickup 1 7 p. q 1 7 a �-�� 5 cubic yards Per Pickup 6 cubic Pot Pickup yards per pickup -All Rates Are ]nclusivr of F'ahchise F��S 11 A RMIL 10 Units Guarantees 10.1 Those units which currently are to receive service are contained within the designated multi -family residential areas, condominium designated areas as defined in Article 1.5 and Article 1.16. Contractor's Local Office 11.1 : Throughout the term of this Agreement. CONTRACTOR shall establish or maintain a local office or authorized managing agent within Broward County and shall designate in writing within ten (10) days of execution of this Agreement the agent upon whom all notices may be served from CITY. Service upon CONTRACTOR'S agent shall always constitute service upon CONTRACTOR. 11.2 HQu$1j: CONTRACTOR'S local office shall be open during collection hours so that customers can lodge complaints, requests for information, and requests for service. At a minimum, CONTRACTOR shall be available during the hours of 8:00 A.M. to 5:00 P.M., local time, Monday through Friday. 11.3 : CONTRACTOR'S local office shall have a responsible person in charge during collection hours on collection days, shall be equipped with sufficient telephones, a local telephone number, and sufficient attendants to receive telephone calls. Attendants shall receive calls in a courteous and polite manner, -record all complaints, -and resolve 'all complaints 'in 'an -expeditious manner by the end of the next business day. Contractor's Relation to City 12.1 : The relationship of CONTRACTOR to the CITY shall be that of an independent CONTRACTOR, and no principal -agent or employer -employee relationship between the parties is created by this agreement. By entering into this agreement with CITY, CONTRACTOR acknowledges that it will, in the performance of its duties under this agreement, be acting as an independent CONTRACTOR and that no officer, agent or employee of CONTRACTOR will be for any purpose an employee of the City of Tamarac and that no officer, agent or employee of CONTRACTOR is entitled to any of the benefits and privileges of a city employee or officer under any provision of the statutes of the State of Florida or ordinances of the City of Tamarac. 12.2 - : This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations adopted 12 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. LA 12.3 : CONTRACTOR shall perform every reasonable act to provide a service of high quality and keep the number of legitimate complaints to a minimum. In order that CITY may be fully informed of the quality of the service, CONTRACTOR shall arrange the handling of complaints in substantially the following manner, all complaints, whether received in person, by mail or by telephone, shall be reported in CONTRACTOR'S log approved by Contract Administrator and furnished by CONTRACTOR. A copy of the log is available to CITY upon request_ Complaints received before 12:00 noon shall be serviced before 5:00 p.m, that day. Complaints received after 12:00 noon shall be serviced before 12:00 noon on the following calendar day. CONTRACTOR shall be available at CITY'S request to CITY action taken on complaints. Legitimacy of challenged complaints may, at the option of CITY, be determined on the basis of a joint inspection by a representative of CITY and a representative of CONTRACTOR. CONTRACTOR shall maintain a customer complaint log during the term of this Agreement, and shall maintain log for five years from the date of the complaint_ 12.4 nT.qiATTUTkT A -11-., ATI CONTRACTOR, in the execution, performance, or attempted performance of this agreement, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. CONTRACTOR'S employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the American'Disabilides Act of 1992),-understand and -agree-thatIl is7agreement 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. 12.5 (a) CONTRACTOR shall assign a qualified person or rsons to be in chare Of its operations in CITY and shall give the name or namesto CITY; or -nation regarding experience shall also be furnished. (b) CITY has right to require CONTRA clean uniforms or shirts CTOR'S collection employees to we bearing the company's name ar (c) Each Driver shall at all times, carry a valid operator's license for the type of vehicle they are driving (d) CONTRACTOR shall provide operating and safety training for all personnel. 13 12.6 : CONTRACTOR, at its sole cost and expense, shall furnish and maintain all equipment as is considered necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipment shall be maintained in a first-class, safe and efficient working condition through the term of the agreement and any renewal period. CONTRACTOR shall establish a regular preventative maintenance program for all equipment and shall maintain records of preventative maintenance and other maintenance repairs to the equipment. CONTRACTOR shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. CONTRACTOR shall establish reasonable procedures and programs to prevent property loss or damage and/or personal 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 C=. 12 • All vehicles and equipment used by CONTRACTOR for the collection of residential solid waste shall be clearly marked with the CONTRACTOR'S name and telephone number in letters of a size sufficient to reasonably identify the vehicle, but not less than five (5) inches in height. CONTRACTOR shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than five (5) inches in height. 12.8 CONTRACTOR shall provide its customers with appropriate containers for collection of residential solid waste, subject to the following requirements; all such containers shall be constructed according to the generally accepted industry standards. All roll -off containers shall be covered to prevent the scattering of the containers contents while in transit. All such containers shall be cleaned and maintained on a regular basis by CONTRACTOR so as to be in good repair. All containers shall be clearly marked with the CONTRACTOR'S name and telephone number in letters not less than two (2) inches in height. CONTRACTOR shall replace any damaged container within forty-eight (48) hours if notified by CITY or its customers. 12.9 . CONTRACTOR shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness in the collection of solid waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. CONTRACTOR shall maintain at its sole cost and expense copies of all permits and licenses required for its collection of residential solid waste services either from the City, County, State or Federal Government. ARIICLE 13 Performance Evaluation and Monitoring 13.1 BTUHT 10 INSpECIIQN* CITY hereby reserves the right to inspect and evaluate CONTRACTOR'S operations relating to its performance hereunder either on a continuing or random inspection basis. The Evaluation Plan attached 14 hereto as Exhibit "F" contains detailed standards for such evaluations. The Performance Evaluation Plan may be revised unilaterally by CITY at any time during the terra of the Agreement or any renewal period provided, however, that any such revision will be effective only upon reasonable notice to CONTRACTOR. CITY from time to time may unilaterally determine which operations are to be evaluated during a particular period. CITY, through an independent third party Contractor of its own selection, shall evaluate technical performance, including reliability and schedule performance, program management. The cost of such third party CONTRACTOR shall be a reimbursable cost under Section 13.2. 13.2 all documentable, Out costs expensesincurred reimburse C� fon connection with (he award of this Agreement to CO the 30th day after the execution of this Agreement, CIITTYOshall On or before toCONTRACTOR a detailed list of all such costs which are reimbursable pursuant to this provision. Such costs shall be certified as to their completeness and accuracy by CITY and shall be deemed accurate unless the CONTRACTOR notifies CITY in writing of its disagreement to any such costs within thirty (30) days after receipt thereof. Reimbursement b CO to this provision shall not exceed an aggregate amount CONTRACTOR ten Cth CITY and t No/100 dollars ($10,000.00) and shall be paid by CONTRACTOR forty-five (45) days after receipt of invoice from the City. 13.3 FTJTTTDP 13.4 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 CO thirty (30) days after the completion of each AgreementACT NTRostsgshwithin all be certified as to the completeness and accuracy by the City deemed accurate unless CONTRACTOR notifies CITY and shall be disagreement with any such cost f its within thirty (30) days after receipt gtheereof Reimbursement by CONTRACTOR to CITY pursuant to this provision shall be paid on or before forty-five (45) days after receipt of such costs from CITY and such reimbursement shall not exceed an aggregate amount of $15,000.00 for an agreement year. y 'I In the CONTRACTOR shall fail to perform any of the material previsions evens 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 teto the rms Of this Agreement within a period of time which is reasonable in relation nature of the practice, event or condition of non more than ten (10) days -compliance, but in no event from the date of the notice of violation unless the non- compliance cannot be cured within ten (10) days, then within a reasonable time using best efforts and CONTRACTOR shall notify CITY of those efforts, the each Act of Non - same shall constitute an Act of Non -Compliance. For compliance, CONTRACTOR shall pay CITY the sum of Five Hundred Dollars ($500.00) per day for each day that such Act of Non-compliance shall continue. This remedy is hereby expressly made cumulative of other remedies available to PARTIES at law or in equity for breach of this Agreement. 15 13.5 time whenever (a) 'p reserves �COghN'I RACTOR failshtoAgreement meret a asonable any of the the service provided by the trade, after CITY gives written notice to fourteen our eN n (4) days f of the deficiencies receipt by set forth in the written notice with CITY. Upon termination, CITY may call CONTRACTOR of such the r tic eds �o thet of pervice charged to CITY for the the Surety and apply P balance of the Agreement. 03) In the event of a strike by the employee or any other similar labor dispute Agreement by CONI'g,ACTOR substantially which makes performance of this right to call the impossible, CONTRACTOR �>nn to provide necessary service. that CITY shall have th. Surety Bond and engage another CONTRACTOR shall furnish to -CITY a 13.6 ER Letter of Credit or Cash Bond guaranteeing the faithful performance Bond, shall be in the form acceptable to performance of this Agreement. The securityamount the City Attorney and shall be for the and $250,000this j Dollars. The security hall equal to Two Hundred and Fifty Thousthe date of be furnished to CITY by CONTRACTOR within t of�Withoutalim g any other execution of this Agreement or any renewal indemnity provisions herein, such security shall indemnify CCONTRACTOR loss, expense, cost or damage resulting from any default by hereafter or any failure of performance by CONTRACTOR. tthhe form the security but hereby delegated the authority to al is erform Upon completion of this also the financial capabilities of the Surety to p P Agreement in compliance with all terms and on Deposit hereof, CITY NTRA��R shall be entitled to the return of any Cash (10) business days. 13.7 Due to Unusual Circumstances: Me (a) It is expressly agreed that in no event shall CITY be liable or reespoa delay to CONTRACTOR or toed any other by injunction on or other legal rson on account of proceedings brought in the work herein proved Y against CITY or CONTRACTOR, or on account of any delay for any cause for which CM 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 disturbances,er which acts of GoCONTRACTOR ; p o aO has no control, including riots, evil y from however, that in the event of any such non-performance or delay resulting events or circumstances o com°nnsation for such peril of od of timOe as a delay or non - shall not be entitle Pe performance shall continue. Default of Agreement 14.1 If, in the opinion of the City Manager, there has been a default of the Agreemdnt, City Manager shall notify writing, specifying that which has been a default of AgremeenL if, within a , Period of seven (7) days, CONTRACTOR has not eliminated the conditions considered to be a default to this Agreement, City Attorney shall notify Citya Council and CONTRACTOR, and a hearing shall be set for a date within fiftee and CITY's On and that aketa dettermination as l shall o CONTRACTOR has been a breach and shall direct what further action shallFACTOR hereinafter provided. Pending Resolution of the alleged breach, Cher or not it shall be governed by the Provisions of Section 14.2. be taken by CITY, as g ach, CONTRACTOR 14.z p��, 14. 14.4 Default by CONTRACTOR shall occur if CO observe or perform a material portion of its duties under the Ag emen fa�1s to may terminate CONTRACTOR'S performance of services under this Agreement in the event of default by CONTRACTOR and the failure by CONTRACT cure such default after receiving notice hereof. Should default occur, CTTy OR deliver a written notice to CONTRACTORProposed describing such default and the termination. Such date may not be earlier than the thirtieth (30) day following receipt of the notice. CITY, at its sole option, he ex Proposed date of termination to a later date, if, Y tend the termination, CONTRACTOR cures such default then the the Proposed date of shall be ineffective. If CONTRACTOR fails to cure suchrdefaut rior to the Proposed slate of termination, then CITY P to the performance under this Agreement as of such datte -terminate CONTRACTOR'S 3 contained in the above notice referenced nthe of live date of termination as CONTRACTOR shall, unless the notice directs otherwise, immediate]; discontinue all service in connection v,i� 2 of this Agreement, cancel promptly all existing orders chargeable to this Agreement. ediateto s Agreement and shall proceed to (10) days of receipt of notice of termination CONTRACTORg ent Within ten CITY monthly reports and revenues required undergreement shall shb ay to termination, the day of In addition to, or in lieu of, the termination procedure set above in Section 142 Of this Agreement CITY Shall take any or all of the follow' in the events of a default by CONTRACTOR, uag actions (a) If CITY determines, and notifies CONT Poses an immediate threat to the health or safe RACTOR, that such default interest, and if CONTRACTOR has not cured such de Person rult to any Property (24) hours after receiving such notice, CITY shall have the right to four cause to be performed all or part of the work necess 1> Perform or the event that CITY performs such work, ec causes cu o such default. In CONTRACTOR shall bear the cost of such work, and if necessary,be performed, reimburse CITY for the cost thereof. C such compensation due to CITY from any sum Othshall erwise the right to deuct shall CONTRACTOR. and owing to 17 Letter of CTT'Y shall make or file a claim under the po liabianlitiesAthat,CITY has (b) inydamages, expenses Credit, as a result of COor Cash Bond NTRACTOR'S default. c CITY may exercise its rights under Article 13.4 non-compliance by CONTRACTOR in this Agreement. Indemnification CONTRACTOR hereby assumes rrformanee of ay of iittstobliga ons ffdor persons arising directly or indirectly from the bd harmless demands, suits, costs s, under this Agreement and further agrees to indemnify andlha hold harmless CITY. its officeror s, agents, and employees from and against any and all cl i. from e foregoing, the indemnity provided herein ex uses, including, but not limited to, expenses � litigation and attorneys fees arising 1 Without limiting any such claims, loss or injury. against CITY arising out of any Environmental for shall specifically include any herein defined). This indemnification shall continue beyond the term of thisAgreement claims arising as a result of this Agreement. Insurance CTOR shall pend work under this ts ent 16.1 CONTRA ereqcommence underths Agreement h until it has obtained all the insuran .insurance has been approved by the City. CONI RACTOR shall be responsible for delivering to CITY the Certificate of na�ce insuror ed on theOCeAGa"tTeOo shall name the City of Tamarac as ahed and Insurance. CONTRACTORS Certificate of Insurance must shalattac be issued included in this Agreement as Exhibit C All insurance in the by companies duly licensed to write business insurance Guides Furthers, CITY Florida and rated -A- or better by A. M. Best Key Renting shall be named as a named insured on policy, urance together with a olicies (except statement Workers' by the Compensation). Certificates of each id g issuing company to the extent that said received by CITYolicy shall , and shall deliveredot be cancelled to thirty (30) days prior written notice re spec herein constitutes CITY for review and approval. insurance coverage the minimum requirements and said requirements shall in no way lessen or limit the liability of CONTRACTOR under a terms of this Agreement. its own cost and expense, any CONTRACTOR shall procure and maintain, additional kinds and amounts of insurance tat, in its own n of is work. judgment, may be necessary for proper protection in the co p CONTRACTOR shall maintain, during the 16.2 Agreement and any renewals, Worker's Compensation Insurance on all i this to ed in work under this Agreement, and shall all of its employees to be engaged require the same from any subcontractors ursuantd. n othe thisevent Agreement is not employees engaged in hazardous work p protected under the Workers' Compensation urance CONTRACTOR a tYie Apro action of provide adequate employers general liability employees not so protected. M;1 16.3 CONS RgCTOR shall procure and shall maintain du CONTRACT and .any renewals Public LiabiliProperty ring the terra of in an amount not less than $1,000.000 combined snudi Pe limit Damage Jnsuranee injury, death and property damage (except automobile), it coverage for bodily 16.4 during the term of this Agreement w 1shall Comprehensive procure and maintain, tY Insurance m an amount not less than P ensive Automobile coverage for bodily injury, death $1,000,4Q0 combined single 16.5 , and property damage (automobile). g limit CONTR Liabili ding the of this Agreement and ACTOR shall procure and ty Insurance in an amount not less than Y renewals, Exces Automobile and Bodily s Umbrella �jury/Pro $1,000,000 coverage in excess of 16 6 PertY Damage coverages. Paragraphs shall provide adequate Protectionne for CO re required claims which maq under the above ch operations b y arise from operations under this eCTOR whether Y the insured orb against damage the insured. CITY shall be named a namedne insured or indirectly employedbyinsurance policies provided for herein. insured °n all of CONTRACTOR'S 16.7 T.nr A T bondibonds In argecompanies with w CONTRACTOR'S be shall whom CO CTOR�S insurance aend performance and be represented b be licensed to do business performance Y an agent or agents havingess in the State of Florida and shall Florida. Each such agent shall be duly office located in the S may be had, and roust have authority qualed, upon whom fate of and/or bondin ty and power to act on beh service of process C Claimant Or an company to negotiate and settle with C alf of the insurance Y property owner who has been damaged. may' 01 any other OR, insurance, and/or bonding company. may have against agents shall be set forth on all such bonds and certificates agent or CONTRACTOR shall keepparry. "The name of the agent or times during the required insurance in full force and effect rat all the term of this CONTRACT, and any renewals thereof.CONTRACTOR shall furnish to Ci1'Y furnished and approved b a Certificate of In on a form required insurance coverage, 'evidencing CONTRACTOR has e Provided for inspection. At the request of CITY the Original obtainedy shall the canceled b Policies must prove that they maymil P°hcY shall be written notice of such changes than n l:Y,a changed or reviewed upward at C a S thirty (,. days after C cancellation,. Such insurance has received amounts within request, and CO amounts may be (30) days after receipt of CONTuch RACTOR shall revise such Compliance with�ws Regulations gulations Florida, This agreement shall be considered consummated All actions brought hereunder snap in g County, Florida. be brought exclusivel ward County, $ Yin Brpward 19 17.2 : Time shall be deemed to be of the essence concerning this agreement whenever tune limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever accrual of any rights to either of the Parties hereto depends on the passage The failure of CITY, at any 17.3 provisions herein shall in time, to require performance by CONTRA to enforce �same. Nor shall waiver no way affect the rights of CITY 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 provision itself. 17.4 If any provision of this agreement shall be declared illegal, void or unenforceable, the other provisions shall not be affect. and shall remain in full force and effect. 17.5 : Neither CONTRACTOR nor CITY shall be liable for the E�ilure�topeform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other or different contingency beyond the reasonable control of CO 17 6 : This agreement supersedes and replaces all terms related to mule -family residential service in WasgteeManagement, Iement betweennc1.e dated Augu City of t arac 26, and Southern Sanitation, a division o 1987, and effective immediately, which no further forge and on of effective date of this agreement shall be null and void 17.7 :This agreement shall not be considered fully executed or binding or effective f the City of Tamarac in an open meetn CITY until the same shall be ping as roved and accepted by the City Council o ty required by law and executed bydCONTRACTOR lt� r oRCp'� TRACTOR a certified copy ter such approval and acceptance. CITY shall of the Ordinance as evidence of ovis ons of this greement and of the person authorized perform the Cl'I-Y to the terms, covenants and p same in accordance herewith. 17 8 CONTRACTOR, its officers, agents, employees, and contractors, shall abide by thacomply o CITY calls vAth aws. federal, state of and local. It is agreed and understood CONTRACTOR to any such or subc ons on t ontractors, onvactors, �henart oCONTRACTOR shall officers, agents, employees, o immediately desist from and correct such violation. : CITY shall have the right to conduct 17.9 periodic public meetings, to review and consider the performance of CONTRACTOR regarding its compliance with the the need for any future of the franchise, any amendments desired by CONTRACTOR, new services, and potential amendments to the franchise reflecting service requirement changes based on CONTRACTOR shall bein lavgayilable to attendor tall ed community needs. An agent of public meetings upon reasonable notice by CITY for concerns associated with the Agreement. 17.10 Federal agency, or any Should Federal Co Florida, the State Of City, County, Broward Coun urt, or any agency thereof rrequirrStates iher tY. City of Tamarac, or CONTRACTOR to act in a manner which affects or is inconsistent with any provisions of the Franchise Documents, shall be authorized to determine whether a material provision of Documents is affected in relation to the rights CTIy Franchise Documents upon C and benefits conferred Franchise and CONTRACTOR shall negotiate the Public. Upon such determination, CITY franchise to such extent shall a good faith to modify or amend the Purposes thereof in relation to the rights and sue' to carry out the full intent and 17.11 g benefits of CIIF TY, or the public. 111!a monthly notarized statement CONTRACTOR shall provide the C COFACTOR, certifying an authorized representative with CONTRACTOR shall provide the Curacy of the monthly of fee of the summary of all franchise fee payments with annual recapof Payment. months See E ) P Y ents paid within the recgedin9 twelve vea(12) ( xhibit G . 17.12 any right accruing under this agreement shall o assignment of this agreement or CONTRACTOR without the express written consent of whole or in Concern of CITY shall not be unreasonably withheld. P� by the assignee shall assume the liability of CORACT event of any ass gnment, the 17.13 OR. this agreement and This agreement shall be effective upon the execution of commencement date performance of this agreement shall begin on the set forth herein. 17.14 (other than the license and CONTRACTOR shall obtain all licenses and permits all taxes required by CTrY Permit granted by CONTRACTOR and promptly pay Miscellaneous Provisions 18.1 5: The Exhibits A Apyendix II are incorporated heBrewith�byUreference for d H Appendix I and full setforth. � Purposes as though 18.2 herein are for convenience and reference in not grit the sco paragraph headings contained °f �Y provision of this agreement. ended to define or 18.3limit understanding between the This agreement constitutes the en tire modified, altered, changed aartieamended relating to the any subject matter, agreement and and approved by the City Council of the in of Tamarac, unless done so in writing it shall 18.4 City amarac, Florida. (voluntary This agreement shall terminate in the bankruP y, such �luntary) or insolvency of COe of banlauptcy bankrup�y action Filed u0n shall CONTRACTOR. at In the case of take effect on the day and at the time that the 21 18.5 NQnCES: 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: CEM City Manager•'rr r,.r •r •• r City • �. and .r, • u..r. rthwest rr Tamarac, r r • B•r•. 41 , r 1 •11 '•rrr<r• r F•r•a 1 11 City Attorney City of Tamarac Wast�,.ManagQmenj Inc. of FIQ 7525 Northwest 88 Avenue 3DI NN, 21sr Avenue Tamarac, Florida 33321-2401 (305) 722-5900 _18.6 The legal fees .and other expenses of the prevailing party to any litigation or dispute arising out of this agreement will be paid by the other party. 18.7 AND : The provisions of the foregoing Articles 1 through 18, together with the following Exhibits A through H, are intended by the undersigned parties to and shall constitute a binding agreement between them. ' 18.8 : If any part, section, sub -section, or other portion of this agreement is declared void, unconstitutional, or invalid for any reason, such part, section, sub -section, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this agreement, and all applications thereof not having been declared void, unconstitutional, or invalid shall remain in full force and affect. CITY and CONTRACTOR declare that no invalid or prescribed provision or application was an inducement to the execution of this agreement, and that they would have executed this agreement, regardless of the invalid or prescribed provision or application. 18•9 fxQDD EA=: 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. 22 r1MI--- - A1- % r•�i r fir-T; This Agreement shall be effective this the;1/4thday of be the Commencement Date hereof, 1993, which shall ATTEST: By: r Carol A. Evans City Clerk CITY OF TAMARAC APPROVED AT MEETING of —Q24q,.5.. TH7Mayor T RAC, FLORIDA By: ell Date: By: John P. Kelly City Manager Date: wO -4j PPS roved as B c� y. �Mtcl City 23 STATE OF FLORIDA :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared µ L- - ZA- to me known to be the person(s) described in and who executed the foregoing instrument and , acknowledged before me that executed the same. WITNESS my hand and official seal this ' ��' day of NOTARY LPUBLIC, State of NOTA y PUBL 41 , fA OF FLORIDA. MY COMMISSION EXPIRES: JUNE 26, Mrj, &QN090 TNRU NOTARY rUNUC UNO[RWR1?J%M4,J (Name of Notary Public: Print, Stamp, or Type as Commissioned) (� Personally known to me, or ) Produced identification Type of I.D. Produced ) DID take an oath, or (X) DID NOT take an oath. &`ar66�c_ ac �. a 3 ATTFgT• M. STATE OF FLORIDA COUNTY OF-��aj�:SS CORPORATION: r� Contractor Z HEREBY CERTIFY that on this day, before me, an otter duly aforesaid and in the County aforesaid to take a me,ackna Officer y authorized in the State M to ' �"`'' 'T zU to me known to be the g ents, personally appeared foregoing instrument and persons) described in and who executed the -� acknowledged before me that executed the same. SS my han an official Seal this . _ JG, day of NO ARY P rC— �Atate �of F] rida at Large =4 EM!a (Name of Notary public: U,t,, rx, lop Print, Stain WWW T VW F; . Commissioned) Type ( Personally known to me, or Produced identification Type of Z.D. Produced ( )DID take an oath, or ( � NOT take an oath. cc: John P. Kelly, City Manager 25 Bureau of Labor Statistics Data Page 1 of 1 Exhibit 2 Data extracted on: July 18, 2001 (04:33 PM) ■ . • ■w � r .n w � 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 Jan Eeb Mar A r May Jun Jul Au Sep Oct Nov Dec Ann 2000 165.9 166.9 168.0 168.4 169.6 169.5 167.8 2 001 171.9 172.$ 173.5 CPI change calculations: .Atlanta Information Office. Home Page Data Home Page BLS -Home -Rage Bureau of Labor Statistics BLSin ofilC[lntcr c. bls. _ cal 173.5 - 168.0 = 5.5 5.5 = 0.0327 168 0.0327 X 100 = 3.27% http:// 146.142.4.24/cgi-bin/surveymost 7/18/01 Exhibit 3 7,11 ,111N 27 AN 11: 05 �R►►�1t froward Solid Waste Disposal District ECEI ;/Eft 1 North University Drive, Suite 400-B T F TAti�?.PVV, Plantation, FL 33324 BROWAR (954) 765-4202, Ext. 270 FAX (954) 577-2391 Resource Recovery Board TEMP. RES0. No. j f 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-D Tamarac, Florida 33321 p or -n C-) � f Tl - -- June 26, 2001 C C m � � 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 $83.78 per ton. This new rate reflects an inflationary increase. All other fees are unchanged. If you have any questions please feel free to call me at 480-4390. Sincerely, Donald Freedland., Interim Executive Director 4 Printed on recycled paper BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An Equal Opportunity Employer and Provider of Services 2001-SEP-05 02:48PM FROM -PUBLIC WORKS w September 5, 2001 Mr. Jeffery Miller City Manager City of Tainarac 7525 NW 88" Avenue Tamarac, FL 33321-2401 Dear Mr. Miller; 3 L T-05$ P.002 F-519 txhi13t72 1-1 �'M■ /A� WASTE MAwunaetw>�t►rr ,>s ��s �0l0 3831 NW 21st Avenue Pomrmio Beach, FL 33073 (954)071-7.500 (954) 97+8780 Fax Based on the terms of our service agreement to provide Condominium Multi -Family solid waste collection service, please accept the following rate adjustments which become effective October 1, 2001. L Ti in Fee: Effective October 1, 2001 Broward County will implement a tipping fee increase from $82.24 per ton to $83.78 per ton, The disposal (tipping) pass through formula provides for a $0.10 per cubic yard increase for every S1.00 per ton increase in tipping fee resulting in an adjustment of $0.154 per cubic yard collected. 2. C.P.I. Ad�ent: The CPl for all Urban Consumers (Miami -Ft. Lauderdale) increased from 169.0 to 173.5 for the year ended June 2001, This represents an increase of 3,27%, which is below the 4% cap. ` Please find enclosed the support for the C.P.I. increase, and a new rate matrix that reflects the revised prices resulting from the aforementioned changes. 1f you have ally questions, please call me 954/917-0387 Sincerely, Anth y asiulis Distri t C ntroller CC: I. Casagrande A_ Spadaccia -- ;3-d 6SZ6 �L6 f+s6 d0T:En 10 so des 2001-SEP-05 02:49PM FROM -PUBLIC WORKS 7241365 Southern Sanitation City of Tamarac - Condos Effectiva October 1.2001 T-053 P.003 F-519 DISPOSAL, RATErrN: Previous $ $2.24 Now $ 93.78 _ Incr (Decry $ 1,54 CPI: June to June/Ali Urban Consumers In the Miami -Ft, Laud Area 3.227%4 (CAP aI 4.0%) FF 1 Rate Comnonents: 1.Oct-00 '! -0ct-0 1 Current CPI Dispa3al New Rate Comrr2ercial Du�r,�ter Service: Rate � 3.21% In� cr Rate _ A- dj . -- Loose Pickup: See Attached Matrix Compaction: (Bate per Pickup) 2 yd 3 yd $ 81.85 $ 2.08 $ 1.23 $ 85.76 $ 4 yd $ 122.78 $ - - ,�,.1�B$ $ 128.64 $ 5.86 5 yd $ $ 3 204.B3 5.35 $ ... 2.46 - $ 171.52 - $ 7.82 6 yd �,—�.. � 9 $ 3_.08 $ 214.40 $ 9.77 per month $-..._. $ 2 . $ $ 6.03 $ --- 3.70 $ ---Costars 3 Snort Rollouts (7xtweek) � - 12 16 - n--�,... $ - $ - Long Ro Long Raliouts (lxlweek) ��-40 $ 0,61 $ 12.56� $ q 40 per yard- Weekdays 833 n1a S 0 61 at=1 Page 1 of 1 E'd GSTG irLS ib56 �46 Tpnwreo Candaa_Ovaj do i : eo To so das 2001-SEP-05 02:49PM FROM -PUBLIC WORKS 7241365 T-053 P.004 F-519 City of Tamarac . Condos (All Pricing Includes Franchise Fees) NEW RATE SCHEDULE NEW RATES EFFECTIVE: October 1, 2001 RATE: Variable PER YARD MONTHLY CONT MAINTI LOOSE CONTAI'NE�tIZ'ED . SEhV[CE. SIZE INCLUDE13 7X 2X 3x 4X 5X fiX 2 CUBIC $0.00 - $92.84 -- - `-- $179.72 ---- `-- $266,54 ---� $383.30 $440.25 $527,11 YARD W/O MAINT. $92.84 $179.72 $286.54 --- -$353.39--- ----$440.25 - -u $527.11 - 3 CUBIC $0.00 -- $121,33 �_.$121,33 _-- $236,56 - $351.76 -- $466.98 $582-20 $607A2 YARD W/O MAINT.-- $236 55�-- $357 76--- $466.98 -. ..--$582,20 .- .._$697.------ 4 CUBIC $0,00 ---------------------------------------------- $150.83 $294,40 --------------------- $437-99 ------------- $581.60 $725.16 $868.76 YARD W/0 MAINT. $150.83 $294.40 - -_ $437.99 -_------------_ - $581'60 -__........ --- -- - $725.16 -------------- $868.76 --- 5 CUBIC $0-00 ------------------------ --------------------- $181.54 $355.21 ----- -------------------- $528.83 --------------- - $702,45 $876,12 $1,049.74 YARD W/O MAINT, $161.54 $355.21 $528.83 _------------------- $702.45 --------------------- ------------ $876.12 $1,049.74 6 CUBIC $0.00 ---------------------- --------------------- $208.91 $409.24 ----------- ------- -------- $609.66 ---------------------------------------- $809.89 $1,010,20 $1,210.54 YARD W/0 MAINT. $208,91 $409.24 $809.56 $809.89 --------------- $1,010.20 -.... $1,210,64 8 CUBIC $0.00 -------------------- --- ---- $266.6 --------------- 523.63 ------------�--------- 780.87 --------------- -- - $1.037,73 $1,294.80 $1,551.85 YARf] W/O MAINT. $2B6.53 $523.63 $780,67 --- ---, ------------- 1 037.73 ------- ------ ------------- $1,294.80 --------�---- $7,551.86 OPTIONAL COMMFRLALjERypgj CASTERS: $ - per month ROLLOUTS: $ 12,56 per month for short, easy rollout, 1 x per week. $ 12.56 per month for each additional day per week. $ 19,41 per month for long, difficult rollout. 1 x psr week. $ 19.41 per month for each additional day per week. SPECIALS; $ 10.67 per cubic yard •�- - COMPACTED RATES: $ 42.68 PER PICKUP PER YARD $ 85.76 per pickup - 2 cu yds $ 128.64 per pickup - 3 cu yds $ 171,51 per pickup - 4 cu yds $ 214.40 per pickup - 5 cu yds $ 257.27 per pickup - 6 cu yds ROLLOFF SERVICES: TEMPORARY ROLLOFF WORK OPEN TO COMPETITION DIS101 i, - d 6916 i'L6 *SS TarrwgG^0ondos_Oclo1 d11:60 TO so dab 2001-SEP-05 02:49PM FROM -PUBLIC WORKS 7241385 T-053 P.005 F-519 Back to Ori 'nal Output fChmge the oust ut ears, aaet &extent clYasies fanllat Data extracted an: September 4, 2001(11:04 � — Consumer Price Index - All Urban Consumers 6„='sue consumer Price Yndexes Home Page Dot RLIpe P-ne I BLS Nome Pave ureau )a oaal t1 s �" •- -- — gibso? s N& ov z .../5urveyoutputServiet?output type~default&years_Option=specificyears&from_year=1998&to_year-2001&019/4/01 s -d 65I$ trL6 irss crt 1 :z o 10 90 daa