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
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Temp. Reso. #9512
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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.
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Temp. Reso. #9512
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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
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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
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