HomeMy WebLinkAboutCity of Tamarac Resolution R-99-186Temp. Reso. #8680
Page 1
July 1, 1999
CITY OF TAMARAC, FLORIDA,,//
RESOLUTION NO. R-99 - /?(O
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY STAFF TO NEGOTIATE THE
RENEWAL OF THE SINGLE-FAMILY SOLID WASTE AND
RESIDENTIAL RECYCLING COLLECTION SERVICES
AGREEMENTS BETWEEN THE CITY OF TAMARAC AND
ALL SERVICE REFUSE COMPANY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City entered into an Agreement for residential recycling collection
services with All Service Refuse on October 4, 1999, a copy of said agreement hereto
attached as Exhibit 1; and
WHEREAS, the City entered into an Agreement for single-family solid waste
collection services with All Service Refuse, on October 4, 1999, a copy of said agreement
hereto attached as Exhibit 2; and
WHEREAS, the terms of both of these agreements will expire concurrently on
December 31, 1999 and All Service Refuse has expressed its interest in the renewal of
these agreements; and
WHEREAS, both Article 3.3, Renewal, of the residential recycling and Article 4.3,
Renewal term, of the solid waste collection services agreements state that: ".,.agreement
may be renewable for five (5) year periods by City;" and
WHEREAS, City staff conducted a survey among other Broward County
municipalities and compared their average rates with the rates of All Service Refuse; and
Temp. Reso. #8680
Page 2
July 1, 1999
WHEREAS, based upon that survey it was determined that the City residents enjoy
a lower rate for services when compared against the Broward County average; and
WHEREAS, based upon the favorable rate structure and the quality of service
provided to City residents it is recommended the City enter into negotiations with All
Service Refuse for the renewal of both the Solid Waste and Recycling Services
Agreements; and
WHEREAS, the Public Works Director, and Public Works Operations Manager
recommend entering into negotiation with All Service Refuse for the renewal of the single-
family solid waste and residential recycling collection services agreements; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to negotiate with All
Service Refuse for the renewal of the single-family solid waste and residential recycling
collection services agreements.
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
upon adoption hereof.
SECTION 2: The appropriate City officials are hereby authorized to negotiate
with All Service Refuse for the renewal of the single-family solid waste and residential
recycling collection services agreements.
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Temp. Reso. #8680
Page 3
July 1, 1999
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 / 7 — day of 1999.
ATTEST:
CAROL GC6L, CMC/AAE
CITY CLERK
I HEREBY CERTIFY that I
approved this
RESOLUTION as to form.
CITY ATTOR
JOE SCHREIBER
MAYOR
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DIST 1:
DIM:
DIST 3:
DIST 1:
UAadm correspondence\agenda\8680RE5-solid Waste & Recycling Negotiation
Exhibit 1
TEMP. RESO, No.n,�,,,,,
• Addendum to October 4 1994 Agreement
Between the City -of Tamarac
And
All Service Refuse Company, Inc.
For Furnishing Residential Recycling Collection
This Addendum to the Agreement between the City of Tamarac, a municipal
corporation with principal offices located at_ 7525 NW 88 Avenue, Tamarac, Florida
33321 (hereinafter "CITY") and -All Service Refuse Company, Inc., a Florida corporation
with principal offices located at 825 NW 31 Avenue, Fort Lauderdale, Florida 33311
(hereinafter "CONTRACTOR") is made and entered into this 2_ day of Nwem „e r
--�---' , 1997.
WITNESSETH
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of residential recycling collection in the City of
• Tamarac; and
WHEREAS, Paragraph 3.3 of the Agreement between CONTRACTOR and the
CITY provides for an option to extend the term of the Agreement for a Two Year Period
of Time; and
•
WHEREAS, extending the term of the Agreement shall allow for concurrent terms
of solid waste and recycling contracts and the new term shall begin on December 19,
1997; and
WHEREAS, the CITY chooses to exercise its option to extend the term of the
Agreement with CONTRACTOR to December 31, 1999;
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows:
1. The parties agree that the foregoing recitals are true and correct and
incorporated herein by this reference.
2. The terms of the Agreement between CITY and CONTRACTOR entered
into on October 4, 1994 are hereby extended for a period of two (2) years, beginning on
December 19, 1997 and ending December 31, 1999.
1
3. The October 4, 1994, Agreement between CITY and CONTRACTOR and
all subsequent amendments and addendums thereto not subject to this or other duly
executed amendments and addendums remain in full force and effect. Failure to
specifically delineate any prior terms or conditions in this addendum does not operate to
relieve CITY or CONTRACTOR of any obligations pursuant to this Agreement or waive
any rights contained therein.
4. The effective date of this Addendum to the Agreement shall be the date of
execution by the last party to sign.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to the October 4, 1994, Agreement on the respective dates under each
signature, the City of Tamarac signing through its Mayor, and All Service Refuse
Company, Inc., signing by and through Harold Carter, Vice -President, duly authorized to
execute same.
ATTEST:
Carol Evans, City Clerk
Date: November 26, 1997
CITY F TAI�ARAC
By. t` i
Jo Schreiber, Mayor
DATE: November 26, 1997
"� � -t s.n''�
Robert S. Noe, Jr., City manager
Date: November = 5 , _ 9 9 7
'Approved as i form and legal
suffic' nc
Mit hell . Kra C4tyAttorttorney
G
11
2
•
•
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ATTEST:
_rate Secretary
.dames 0. Cole
Type name of Corporate Secretary
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF BROWARD
CONTRACTOR
All Service Refuse Company, Inc.
A Florida Corporation
Harold Carter, Vice -President
Date: i/ /5/? 2 _
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 hand and official seal, this _ (i" day of I)Dvern br 1997
�Aj b� SHERI USFef
1. � MISSION # cc 5r=
EXPIRES JUL 25, 20M
r ! SWORD THRU
My Commission Expires:
Personally known (� )
Produced Identification
Did id Not ake an oath (
Notary Public, State f
Florida At Large
Print or Type Name o N tary
3
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•
•
•
Z IM CTTY OF TAMARAC
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
• FURNISHING
RESIDENTIAL RECYCLING COLLECTION SERVICES
SEPTEMBER 1, 1994
0
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•
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AGREEMENT
. BETWEEN
THE CITY OF TAMARAC
"; N r7
ALL SERVICE REFUSE COMPANY, INC.
LQKL4
FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES
This is an Agreement dated the day of 1994, between THE CITY
OF TAMARAC, a political subdivision of Broward County, Florida, its successors and assigns,
(hereinafter referred to as "CITY"), through its City Council, and ALL SERVICE REFUSE
COMPANY, INC., its successors and assigns, (hereinafter referred to as "CONTRACTOR").
W_ITNESSETH
In consideration of the mutual terms and conditions, promises, covenants and payments
hereinafter set forth, CITY and CONTRACTOR hereby agree as follows:
ARTICLE I
Definitions
1.1 ADJUSTE12 ION: Tonnage that is received by the processing center less any
adjustment for contamination.
1.2 CITY:. Shall include the City Council of the City of Tamarac, Florida.
1.3 COMMENCE ENT OF SERVICE: Shall be December 19, 1994 at 12:01
a.m.
1.4 COMMINGLED RECYCLABLED MATERIALS: Recyclable Materials
other than newspaper, cardboard and incidental kraft paper mixed together in the
same container.
1S CONDOMINIUM: Multi -family residential apartment buildings that are on the
Broward County tax rolls as condominium ownership and assessment, and are
designed for mechanical container (dumpster) garbage and trash pick-up.
1.6 CONTAMINATION: The mixture of Recyclable Materials and materials which
are not capable of being recycled to the extent that it is not possible to separate the
Recyclable Materials from the materials which are not capable of being recycled.
1.7 -CONTRACT, ADMINISTRATOR: Shall be City Manager and/or his designee.
1,$ • Shall be All Service Refuse Company, Inc.
1,9 CUSTOMER: Shall include any single-family or residential service unit within
the corporate limits of the City of Tamarac.
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1.10 DEFAULT: The failure of CONTRACTOR to provide a material portion of any
of the scope of services as outlined in this Agreement.
1.11 GROSS RECEIPTS: Shall include all revenues received by CITY pursuant to
this Agreement which shall include monthly compensation pursuant to Article 6.
1.12 GROUP CITIES Coconut Creek, Lauderhill, Margate, North Lauderdale and
Tamarac.
1.13 MATERIALS RECQYERY F - A processing center facility
which accepts the delivery of Recyclable Materials which have not been sorted by
type by CONTRACTOR and which purchases or accepts Recyclable Materials
which have not been sorted by type by CONTRACTOR.
1.14 : Shall mean the form of security approved by the
CITY and furnished by the CONTRACTOR as a guarantee that the
CONTRACTOR will execute the work in accordance with the terms of the
Agreement and will pay lawful claims.
1.15 PlIBLIC AWARENESSP . Promotional, educational program
developed by CONTRACTOR and CITY to inform and encourage residents to
use the recycling collection services.
1.16 RECYCLABLE MATERIALS: Program recyclables are defined as:
- Corrugated cardboard;
- Newspapers and inserts;
- Clear glass, green glass and brown glass food and beverage containers;
- Aluminum steel and bi-metal food and beverage containers;
- Plastic containers (types #1, #2 and #3);
- Polycoated gabletop containers and aseptic packages;
- Incidental krafr paper and film plastic bags used to contain program recyclables;
- Phone books (on scheduled program).
Program recyclables and other such Recyclable Materials from single family or
multi -family units as the parties may agree to in writing.
1.17 V • Services to be performed by
CONTRACTOR:
(a) Collection of Recyclable Materials from locations designated by City.
(b) Transportation, sale and unloading of Recyclable Materials at the MRF.
1.18 RESIDENT: An owner of or occupant of a unit.
1.19 ROUTE: A scheduled sequence of streets for pick-up of Recyclable Materials by
a recycling vehicle on any given day.
1.20 SCOPE 01E W : The work under this Agreement shall consist of the
supervision, materials, equipment, labor and all other items necessary to complete
said work. 9
1.21 SERVICE AREA: City limits of City of Tamarac.
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• 1.21 SERVICE AREA: City limits of City of Tamarac.
1.22 5URETY: Shall mean the party who is bonded with and for the CONTRACTOR
to insure the payment of all lawful debts pertaining to and for the acceptable
performance of the Agreement.
1.23 UNIT: Shall mean the place of residence of a customer.
(a) Single Family:
A single dwelling unit or a multi -family unit which uses curbside trash
collection.
(b) -F
A dwelling unit within a multi -family structure, or a single dwelling unit
which uses containerized trash collection.
ARTICLE-2
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the CITY
governing the collection of residential solid waste, the CITY hereby grants to the
CONTRACTOR the non-exclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the CITY for the purpose of
engaging in the business of collection of recyclable materials from residential customers located
within the corporate limits of the CITY pursuant to the terms of this Agreement, but not
is otherwise.
The CITY shall retain vested title to all Recyclable Materials covered by this franchise
Agreement and generated within the corporate limits of the CITY. CONTRACTOR shall
transport all collected Recyclable Materials to the processing center facility designated by the
C=.
CONTRACTOR shall take possession of the Recyclable Materials upon pickup from residents
and shall be responsible for the safe delivery of such Recyclable Materials to the designated
processing center facility.
W, ;_ lot 4 W
3.1 CONTRACT IERM: The term of this Agreement shall begin at 12:01 a.m. on
December 19, 1994 and shall expire on December 18, 1997.
3.2 : CITY and CONTRACTOR shall have the option to
extend the term of this Agreement on a month -to -month basis on thirty (30) days
written notice.
3.3 RENEWAL: CITY and CONTRACTOR shall have the option to extend the
term of this Agreement for a Two Year Period of Time to allow for concurrent
term of solid waste and recycling contracts, thereafter this Agreement may be
renewable for five (5) year periods -by CITY. The decision to renew this
. Agreement for an additional term shall be made by the CITY no later than the end
of the current term. Notice shall be provided by CITY to CONTRACTOR
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to CONTRACTOR pursuant to Article 19.17. CITY shall not have any obligation
to exercise any additional term.
4
Scope of Services
4.1 GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS:
CONTRACTOR hereby agrees to collect all Recyclable Materials by residential
customers within the corporate limits of the CITY, except as specifically excluded
in this Agreement.
4.2 : Residential Recycling
Service shall be provided regular recycling collection service at least one (1) time
per week under this Agreement. All units are required to receive such service.
Oil HOLIDAY SCHEDULE: Pickups shall not be reduced by holidays, other
than Christmas Day. CONTRACTOR shall be required to pick up recycling on
all holidays other than Christmas Day. If a pick-up day falls on Christmas Day,
collection shall not be made.
(c> A : CONTRACTOR shall be required to pick up recyclabled
materials as follows:
(c)(1) CONTRACTOR will establish route(s) for recycling collection
vehicle(s) to efficiently collect recyclabled materials.
(e)(2) CONTRACTOR shall collect recycling materials a minimum of
once per week. 0
4.4 METHOD OF COLLEC11ON: CONTRACTOR shall provide recycling
collection to:
(A) Multi -Family Units
1. to
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) consisting of glass food or
beverage containers (clear, brown, green); aluminum, steel and bi-metal
food and beverage containers; plastic containers (Types 1, 2 and 3), gable
top and aseptic beverage containers, incidental kraft paper and film plastic
bags used to contain Program Recyclables.
2. te•
CONTRACTOR may establish route(s) for recycling collection vehicle(s)
without regard to the order of multi -family units within each phase. Each
location shall be provided with Recycling Collection Service a minimum
of once per week, and shall be provided with Recycling Collection
Service, in CONTRACTOR'S discretion, more often if needed to prevent
container overflow. All recycling containers shall be placed within trash
rooms or dumpster enclosures. In locations where it is not possible to
place containers in enclosures, CONTRACTOR shall contact Contract
Administrator for instructions. Each container shall be serviced by MW
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CONTRACTOR'S employee and emptied. The employee shall then return
the container to its designated location.
3. Container5:
(a) Each multi -family complex will be distributed a minimum of two (2)
containers per each trash dumpster enclosure. One container shall be used
for the collection of sort one and the other for collection of sort two. A
compartmentalized truck shall be used to service each location. CITY
shall provide 90-100 gallon containers at commencement of service. The
location of complexes, number of dumpster sites and units assigned for the
recycling program are outlined in Exhibit B, attached hereto and made a
part hereof.
(b) Containers shall contain decal text relative to the items to be deposited
and ownership of containers. Container assembly, application of decals
and delivery to complexes/site locations shall be the responsibility of
CONTRACTOR. Maintenance of containers, including but not limited to,
repair or replacement of broken lids, wheels, axles, stop bars and handles
and all costs related to maintenance shall be the responsibility of
CONTRACTOR. When CITY determines that a container has been
damaged beyond repair, CONTRACTOR will transport container to the
City's inventory site for replacement and deliver a new container to site.
CITY shall retain ownership of all containers.
(B) Single Family Units
• 1. Mg(griajq
Two sort commingled Recycling Collection Service consisting of sort (1) -
newspaper, and corrugated cardboard, sort (2) - consisting of glass, food
and beverage containers (clear, brown, green); aluminum, steel and bi-
metal food and beverage containers; plastic containers (Types 1, 2 and 3),
gable top and aseptic beverage containers, incidental kraft paper and film
plastic bags used to contain Program Recyclables.
2.Route:
(a) Single Family: CONTRACTOR shall collect once each week from
all single family units on the same day of the week as one of the garbage
collection days. Collection shall be made only between the hours of 7:00
a.m. and 7:00 p.m. There shall be no collection on Sundays.
(b) Commencement of Service: Prior to commencing services,
CONTRACTOR shall provide CITY with a route map or schedule. C=
shall have the right to approve said route map or schedule, which approval
shall not be unreasonably withheld. Should CONTRACTOR propose
substantial route changes which alter the date of collection, upon City's
approval of the proposed changes by CONTRACTOR, CONTRACTOR
shall promptly give written notice to the affected residential units.
CONTRACTOR acknowledges and agrees that CONTRACTOR shall be
obligated to take such actions as necessary to fulfill its duties and
obligations hereunder and that CITY may after negotiation with
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CONTRACTOR and a mutual agreement between CITY and
CONTRACTOR, from time to time, issue written directions to
CONTRACTOR clarifying the scope of Contractor's services to fulfill the
intent of this portion of the Agreement.
3. ConWinerfu
Each single family unit shall be provided with a minimum of at least one
12-gallon or larger recycling container for collection of commingled
Recyclable Materials.
Contractor's employee shall pickup recycling container and newspaper at
curbside. Recyclable Materials shall be placed into recycling collection
vehicle. The emptied recycling containers shall be placed at the curb.
Recycling materials will be delivered to the Materials Recovery Facility.
Containers will contain text relative to ownership and instructions as to
what are items to be deposited in the containers. Initial container
placement shall be the responsibility of CITY. Storage and replacement of
broken or stolen containers shall be the responsibility of CITY upon
notification by CONTRACTOR. CITY shall retain ownership of all
containers.
In the event of a missed pick-up reported by CITY or a resident,
CONTRACTOR shall collected the Recyclable Materials from such site
within 24 hours of receipt of any such report. CONTRACTOR shall not
be responsible for missed pick-ups caused by residents who do not place
their Recyclable Materials at curbside in a timely manner.
(C) Service to City Facilities:
CONTRACTOR shall provide Recycling Collection Service of program
materials from containers to be placed by CONTRACTOR at dumpster
locations at CITY facilities as defined in ARTICLE 4.9. CONTRACTOR
shall provide servicing of recycling containers to be placed at CITY
facilities. Said locations shall be provided with Recycling Collection
Service a minimum of once per week. All revenue from material in these
containers will be shared in accordance with ARTICLE 5.5(a).
43 HOURS OF COLLECTION: Collection shall begin no earlier than 7:00 A.M.
and shall cease no later than 7:00 P.M. In the case of an emergency, collection
may be permitted at other times, provided CONTRACTOR has received prior
approval from CITY or authorized representative, to be later evidenced by a
written memorandum confu-ming the approval. There shall be no collection on
Sundays.
4.6 PIUSICALLY DISABLED: CONTRACTOR shall provide recycling pickup
(back or side door) concurrent to single family curbside service who qualify for
such service. Residents shall be required to write a letter and provide proof of
medical disability to the City Manager of the City of Tamarac establishing such
disability of household members.) .
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4.7 RECYCIING COLLE-CTION: CONTRACTOR shall make collections with a
minimum of noise and disturbance. Containers shall be handled carefully by
CONTRACTOR and shall be disposed in a sanitary manner. Any Recyclable
Materials spilled by the CONTRACTOR shall be picked up and removed by
CONTRACTOR.
4.8 MUNICIPAL SERVICE: CONTRACTOR shall provide CITY with multi-
family sort 1 and sort 2 recycling collection service at the following locations at
no cost to CITY:
MUNICIPAL
Tamarac City Hall 3 carts
7525 N.W. 88th Avenue
Police Facility 3 carts
7515 N.W. 88th Avenue
Tamarac Public Services 3 carts
6001 Nab Hill Road
And any additional locations may be specified by the City Manager and approved by
CONTRACTOR.
4.9 PHONE BOOS. CONTRACTOR shall add phone books to son 1 items for a
period not to exceed three (3) months per calendar year. CONTRACTOR shall
• not be responsible for MRF processing costs assessed, if any. CONTRACTOR
agrees to assist CITY in pursuing grant funding for telephone book processing.
4.10 :
(a) Whenever feasible, CONTRACTOR shall remove non -Recyclable Materials,
subject to ARTICLE 9 of this Agreement, entitled "Refusal to Pick-up". In multi-
family collection, CONTRACTOR will contact the complex manager requesting
future corrective action and notify CITY. In single family collection,
CONTRACTOR shall notify in writing the resident as to the need for corrective
action.
(b) Items not acceptable at the MRF will continue to be considered contaminants.
When CONTRACTOR is apprised of contamination in a load or loads.
CONTRACTOR will immediately notify the administrator for CITY and
CONTRACTOR will remove contaminants from MRF.
(c) City shall not be responsible to CONTRACTOR for any disposal cost of
contaminated Recyclable Materials.
4.11 DELAY CAUSED B • In the event an
emergency, as defined in Chapter 252, Florida Statues, is declared by Broward
County or by CITY which causes an interruption of service, CONTRACTOR
shall notify CITY as soon as practicable of the service interruption, and the time
of anticipated restoration of service.
4.12 IMPLEMENTATION OF SERVICES CONTRACTOR shall perform
Recycling Collection Services as provided by this Agreement. The area and
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number of units serviced shall not be reduced during the term hereof unless said
unit is no longer within the boundaries of CITY. •
ARIICLE 5
Data Gathering
5.1 CONTRACTOR shall provide CITY with a monthly report (as described in
Exhibit "A") due by the 10th of each month outlining weight of each sort
collected on a daily basis per route, daily number of drive bys, by route, daily
number of set outs, by route, adjusted weight and percentage of contamination,
and weight ticket numbers. Weight tickets and all records required shall be made
available for review upon request by CITY. Single family curbside and Multi-
family shall contain an estimate of weights of materials collected.
CITY shall provide CONTRACTOR a quarterly report within ten (10) days of
receipt from County which itemizes the amount of gross revenues paid to CITY
from the sale of recyclables itemized by sort.
In the event that materials are directed to a facility other than MRF and reports are
directed to the CONTRACTOR, the above obligation reverts to the
CONTRACTOR.
Rates, Records, Billing
6.1 MULTI-FAMI The price paid to CONTRACTOR shall be $.41 (Forty -One
Cents) per multi -family unit per month.
6,2 • The price paid to CONTRACTOR shall be S.81 (Eighty -
One Cents) per single family unit per month.
6.3 CONSUMER PRICE INDEX XED Al2JLSTMENT: If this agreement is not
terminated as provided herein, on January 1 of each subsequent year hereof, the
rate shall be adjusted by the same percentage increase or decrease, if any, in the
Miami Urban Consumer Price Index (CPI) for the twelve (12) month period
ending the previous September 30.
6.4 RECORDS: CONTRACTOR agrees to maintain, at his local office or principal
place of business within Broward County, adequate books and records relating to
the performance of its obligation under this Agreement.
(a) CITY shall remit to CONTRACTOR on a quarterly basis due within ten (10)
business days of receipt of payment from the County, fifty percent (50%) of the
gross revenues received by CITY from the sale of all recyclable material(s) from
the single family program and from the multi -family program.
(b) CITY shall pay to CONTRACTOR on a monthly basis, net within thirty (30)
days of receipt of an invoice from CONTRACTOR. In the multi -family program,
"units serviced" is defined to mean number of units in a multi -family complex
regardless of occupancy rate. In the single family program, "units serviced" is
defined to mean those single family units currently receiving a water bill from
CITY.
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• (c) New unit(s) shall be billed commencing the month a utility account was
opened with CITY.
(d) All amounts billed by CITY on behalf of CONTRACTOR for recycling shall
be segregated and accounted for in a proper liability account for CITY. CITY
shall remit to CONTRACTOR on a monthly basis the amount billed for recycling
collection services for the previous calendar month.
(e) All units required to participate as specified by applicable CITY ordinance are
required to use the recycling services of CONTRACTOR.
ARTICLE 7
Processing Center Facility
7.1 CONTRACTOR shall transport all collected Recyclable Materials to a Processing
Center Facility located within an estimated 15 miles from the Mid -Point of
Service Area. CITY shall retain the right to direct all Recyclable Materials to any
Processing Center Facility or Materials Recovery Facility designated by CITY, or
to any combination of said Processing Center Facility and Materials Recovery
Facility. Should CITY direct CONTRACTOR to a Processing Center Facility or
a Materials Recovery Facility more than 15 miles, but less than 30 miles from the
Mid -Point of Service Area, and CONTRACTOR can produce evidence of an
increase in Contractor's costs directly related to the increased distance, CITY shall
reopen this Agreement solely for the purpose of renegotiating the rate paid per
• unit per month. The parties agree to negotiate for a period of sixty (60) days. If at
the end of sixty (60) days no Agreement has been reached, CITY has the
discretion to seek other bids or proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or 120 days from notice to CONTRACTOR to
direct Recyclable Materials to a facility beyond 15 miles from mid -point of
service area. In such event, CONTRACTOR may terminate this Agreement.
ARTICLE 8
Ownership, Transportation And Sale
Of Recyclable Materials
8.1 CONTRACTOR shall transport all collected Recyclable Materials to the MRF.
CONTRACTOR shall take possession to the Recyclable Materials upon pick-up
from residents and shall be responsible for the safe delivery of said materials to
the MRF. All of the proceeds from the sale of Recyclable Materials shall be
shared between CONTRACTOR and CITY according to the terms of ARTICLE
6.5(a).
In the event there are no revenues from the sale of all Recyclable Materials for a
period of ten (10) days, CONTRACTOR shall immediately notify CITY and shall
present to CITY documentation, verifiable by CITY, that the designated
Processing Center Facility provided no revenue to CONTRACTOR for the
delivery and sale of Recyclable Materials for the preceding ten (10) days.
Upon receipt of sufficient documentation (verifiable by CITY) from
CONTRACTOR, CITY shall review same and determine whether CITY concurs
9/1/94 9
with Contractor's assertion that no revenues have been generated from the
delivery and sale of all Recyclable Materials. CITY shall within five (5) working
days of receipt of sufficient documentation (verifiable by CITY) direct
CONTRACTOR to an alternate Processing Center Facility or MRF which
provides revenue for the delivery and sale of Recyclable Materials.
CONTRACTOR agrees to assist City in locating an alternate Processing Faciiitv.
Should CITY be unable to locate a Facility which so provides revenue, CITY and
CONTRACTOR shall reopen this Agreement solely for the purpose of
renegotiating the rate paid per unit per month. In that event, CITY agrees to
negotiate for a period of sixty (60) days. If at the end of sixty (60) days no
Agreement has been reached, CITY has the discretion to seek other bids or
proposals, and to terminate this Agreement.
CONTRACTOR agrees to provide services at the established rate until such time
as a new Agreement is secured or materials have been directed to an alternate
Processing Center Facility or MRF which provides revenue. In the event no
alternate Processing Center or MRF is designated or Agreement is secured,
CONTRACTOR may terminate this Agreement 120 days from the date of receipt
by CITY of sufficient documentation (verifiable by CITY) as submitted by
CONTRACTOR.
In the event the Processing Center Facility fails to accept Recyclable Materials it
shall be the responsibility of CONTRACTOR to provide the means to ultimately
recycle all Recyclable Materials and not dispose of same at a landfill or a
Resource Recovery Facility. In said event, CITY agrees to reimburse
CONTRACTOR for any additional direct cost incurred by CONTRACTOR to
recycle Recyclable Materials, limited to increased cost of transportation and/or
direct payments to a Processing Center Facility or MRF.
After expiration of 5 days storage by CONTRACTOR, CITY agrees to reimburse
CONTRACTOR for actual costs incurred due to the storage of materials or other
methods of disposing of the Recyclable Materials. There shall be no payment for
an increase in transportation costs should the Recyclable Materials be taken to the
designated Processing Center Facility or designated MRF, except pursuant to
ARTICLE .7 herein, entitled "Processing Center Facility".
ARTICLE 9:
Refusal To Pick -Up
9.1 The first time a resident does not properly segregate said materials,
CONTRACTOR shall pick-up Recyclable Materials as described in ARTICLE
4.12 of this Agreement. In addition, CONTRACTOR will issue a written notice
to the resident which contains instructions for the proper segregation of
Recyclable Materials. The second time the same resident does not properly
segregate the materials, CONTRACTOR can refuse to make a pick-up. At the
time of refusal to make the pick-up CONTRACTOR shall issue a notice to the
resident which contains instructions for the proper segregation of Recyclable
Materials. It shall not be required for CONTRACTOR to issue a subsequent
notice to the resident for any further infractions after the second occurrence.
Further incidents of non-compliance by a resident shall be reported to CITY. •
9/1/94 10
ARTICLE 10
MContractor's Local Office
10.1 _QEFICE/M,ANAGING AGENT: Throughout the term of this Agreement,
CONTRACTOR shall establish or maintain a local office or authorized managing
agent within Broward County. CITY and CONTRACTOR designates .he agent
as specified in Article 16.17 as the agent upon whom all notices may be served.
Service upon CONTRACTOR'S agent shall always constitute service upon
CONTRACTOR.
10.2 HOURS: CONTRACTOR'S local office shall be open during collection hours so
that customers can lodge complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available during the hours of
8:00 A.M. to 5:00 P.M. , local time, Monday through Friday.
10.3 STAE INYji: 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 legitimate complaints as outlined in
Article 11.2 in an expeditious manner by the end of the next business day.
ARTICLE 11
Contractor's Relation to City
• 11.1 INDEPENDENT CONTRACTQR: 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.
11.2 CUSTOMER COMPLAINTS: CONTRACTOR shall perform every reasonable
act to provide a service of high quality and keep the number of legitimate
complaints to a minimum. In order that CITY may be fully informed of the
quality of the service, CONTRACTOR shall arrange the handling of complaints
in substantially the following manner, all legitimate complaints, whether received
in person, by mail or by telephone, shall be received by CONTRACTOR.
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
inform 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.
11.3 DISCRIMINATION. __. PROHIBITED AFFIRMATIVE ACTION:
CONTRACTOR, in the execution, performance, or attempted performance of this
• agreement, shall not discriminate against any person or persons because of sex,
race, religion, color, or national origin, handicap or marital status.
CONTRACTOR'S employees or applicants for employment (as provided in Title
9/1/94
VI of the 1964 Civil Rights Act, the Florida Human Rights Act of 1977, and the
American Disabilities Act of 1992), understand and agree that this agreement is in
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.
(a) CONTRACTOR shall at its sole cost and expense, except as otherwise
provided herein, furnish all labor and equipment required to perform curbside
collection of Recyclable Materials pursuant to this Agreement.
(b) CONTRACTOR shall assign a qualified person or persons to be in charge
of its operations in CITY and shall give the name or names to CITY; information
regarding experience shall also be furnished.
(c) CITY has right to require CONTRACTOR'S collection employees to wear
clean uniforms or shirts bearing the company's name.
(d) Each Driver shall at all times, carry a valid operator's license for the type
of vehicle they are driving. .
(e) CONTRACTOR shall provide operating and safety training for all
personnel.
(f) No person shall be denied employment by CONTRACTOR for reasons of
race, creed, sex or religion.
CITY shall provide one (1) collection vehicle for use in this Agreement.
Additional vehicles or replacement vehicles shall be provided by CONTRACTOR
as needed. Vehicles shall be leased to CONTRACTOR for S 1.00 per year. Any
additional vehicles which CITY may provide to CONTRACTOR shall be subject
to the same lease terms. Maintenance shall be the responsibility of
CONTRACTOR. In the event of equipment failure, responsibility for temporary
replacement is with CONTRACTOR.
In the event this Agreement is terminated as provided for herein, the lease
Agreement for the vehicles referenced in ARTICLE 11.5(A) above shall be
automatically terminated and the vehicles shall be immediately redelivered to
CITY.
CITY agrees to lease to CONTRACTOR the truck vehicle described in Exhibit •
"B", attached.
9/1/94 12
CITY shall remain the owner of the recycling truck. CONTRACTOR shall
• acquire no right, title or other interest in or to the vehicle other than that of a
bailee for hire.
1. Maintenance Schedule:
CONTRACTOR agrees as its own expense, provide suitable and adequate garage
space and shall maintain this truck and any vehicle which may be substituted for
the truck as provided below in good repair, mechanical condition and running
order. CONTRACTOR shall use as a guide the maintenance program prescribed
in the Owner's Manual and shall perform all preventative maintenance required to
insure full validation of any manufacturer's warranty. In addition,
CONTRACTOR agrees to maintain a written maintenance log of vehicle on the
forms provided by CITY and provide written copies to the City Manager on a
monthly basis. ( See Exhibit "C")
CONTRACTOR agrees, at its own expense, to furnish all necessary tires, tubes,
and parts for the vehicle and with all necessary repair parts or substitute parts to
replace may part which becomes worn, broken or otherwise incapable of efficient
operation as long as the replacement parts are readily available from a normal
parts distribution network. If replacement parts are not readily available,
contractor shall continue to service program.
CONTRACTOR shall furnish a temporary replacement vehicle to replace any
truck which becomes incapable of proper operation and which cannot be repaired
or restore to good running order within two (2) days. Any such vehicle, while in
• the service of the CONTRACTOR, shall be subject to all of the terms and
conditions of this agreement.
CONTRACTOR shall maintain in force at his own expense, insurance as
specified in Article 15 and any additional insurance required by CITY for the
purpose of the lease vehicle.
z Notice:
CONTRACTOR agrees to notify CITY representative of any major repairs or
issues involving CITY vehicle.
In addition to lease vehicle CONTRACTOR shall supply all equipment necessary
to provide the services in this Agreement. 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 as specified in Exhibit "D". 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.
9/1/94 13
CONTRACTOR shall maintain files and records of all citations and violations of
any laws, statutes, ordinances, or regulations in the ownership, title, maintenance,
or operation of the equipment and such files and records shall be available upon
reasonable notice for review by CITY.
11.6 VEHICULAR IDENJIFICAIION: All vehicles and equipment used by
CONTRACTOR for the collection of residential recyclable materials 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 t 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.
ARTICLE 12
Evaluation and Monitoring
12.1 RIGHT TO INSPECTION: CITY hereby reserves the right to inspect and
evaluate CONTRACTOR'S operations relating to its performance hereunder
either on a continuing or random inspection basis.
12.2 NO -COMPLIANCE BY THE , CON RACTOR: In the event
CONTRACTOR shall fail to perform any of the material provisions of this
Agreement, CITY shall provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts relating thereto. If the practice, event or
condition is not reformed, corrected or otherwise made to comply with the terms
of this Agreement within a period of time which is reasonable in relation to the .
nature of the practice, event or condition of non-compliance, but in no event more
than ten (10) days from the date of the receipt of notice of violation unless the
non-compliance cannot be cured within ten (10) days, then within a reasonable
time using best efforts and CONTRACTOR shall notify CITY of those efforts.,
the same shall constitute an Act of Non -Compliance.
(a) Subject to the procedures in Article 13, CITY reserves the right to terminate
the Agreement at any time whenever the service provided by CONTRACTOR
fails to meet reasonable standards of the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the written notice within
fourteen (14) days of the receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and apply the proceeds to the cost.of
service charged to CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or any other similar labor dispute
which makes performance of this Agreement by CONTRACTOR substantially
impossible, CONTRACTOR agrees that CITY shall have the right to call the
Surety Bond and temporarily engage another firm to provide necessary service.
12.4 CONTRACTOR shall furnish to CITY a
Performance Bond, Letter of Credit or cash bond guaranteeing the faithful
performance of this Agreement specified herein as Exhibit "E". The security shall
be in the form acceptable to the City Attorney and shall be for the term of this
Agreement and in an amount equal to One Hundred Thousand (S 100,000) Dollars.
The security shall be furnished to CITY by CONTRACTOR within ten (10) days
9/1/94 14
of the date of execution or 10 days prior to commencement of this Agreement or
any renewal thereof. Without limiting any other indemnity provisions herein,
such security shall indemnify CITY against any loss, expense, cost or damage
resulting from any default by CONTRACTOR hereafter or any failure of
performance by CONTRACTOR. The City Attorney is hereby delegated the
authority to approve the form of the security. The Finance Director has authority
to approve the financial capabilities of the Surety to perform. Upon completion of
this Agreement in compliance with all terms and conditions hereof,
CONTRACTOR shall be entitled to the return of any Cash Bond on Deposit with
CITY within ten (10) business days.
:: Ali �a��Ti :. � • � •7�iI•]�►!�C•]�L•hC�a
Due to Unusual Circumstances:
(a) It is expressly agreed that in no event shall CITY be liable or responsible
to CONTRACTOR or to any other person on account of any stoppage or delay in
the work herein provided for, by injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any delay for any cause for
which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays or non-performance of
the terms and provisions of this agreement where such delays or non-performance
are caused by events or circumstances over which CONTRACTOR has no
control, including riots, civil disturbances, or acts of God; provided, however, that
in the event of any such non-performance or delay resulting from events or
circumstances beyond the control of CONTRACTOR, CONTRACTOR shall not
be entitled to compensation for such period of time as a delay or non-performance
shall continue.
ARTICLE 13
Default of Agreement
13.1 DEFAUT 0 MIRACI: If, in the opinion of the City Manager, there has
been a default of the Agreement, City Manager shall notify CONTRACTOR in
writing, specifying that which has been a default of Agreement. If, within
fourteen (14) calendar days CONTRACTOR has cured the default, then no other
remedy for that particular default shall be permitted to the City. However, if,
within fourteen (14) calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this Agreement, City Attorney shall notify
City Council and CONTRACTOR, and a hearing shall be set for a date within
fifteen (15) days of such notice. On that day City Council shall hear
CONTRACTOR and CITY'S representatives and shall make a determination as to
whether or not it has been a breach and shall direct what further action shall be
taken by CITY, as hereinafter provided. Pending Resolution of the alleged
breach, CONTRACTOR shall be governed by the provisions of ARTICLE 13.4.
13.2 DEFAULT: Default by CONTRACTOR shall occur if CONTRACTOR fails to
observe or perform a material portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services under this Agreement
in the event of default by CONTRACTOR and the failure by CONTRACTOR to
cure such default after receiving notice hereof. Should default occur, CITY may
deliver a written notice to CONTRACTOR describing such default and the
9/,/94 15
proposed date of termination. Such date may not be earlier than the thirtieth (30)
day following receipt of the notice. CITY, at its sole option, may extend the
proposed date of termination to a later date. If, prior to the proposed date of
termination, CONTRACTOR cures such default then the proposed termination
shall be ineffective. If CONTRACTOR fails to cure such default prior to the
proposed date of termination, then CITY may terminate CONTI ACTOR'S
performance under this Agreement as of such date.
13.3 POST --TERMINATION : Upon the effective date of termination as
contained in the above notice referenced in ARTICLE 13.1 of this Agreement,
CONTRACTOR shall, unless the notice directs otherwise, immediately
discontinue all service in connection with this Agreement and shall proceed to
cancel promptly all existing orders chargeable to this Agreement. Within ten (10)
days of receipt of notice of termination, CONTRACTOR shall submit to CITY
monthly reports and revenues required under this Agreement to the day of
termination.
13.4 : In addition to, or in lieu of, the termination procedure set above in
ARTICLE 13.3 of this Agreement, CITY may take any or all of the following
actions in the events of a default by CONTRACTOR;
(a) If CITY determines, and notifies CONTRACTOR, that such default poses
an immediate threat to the health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such default within twenty four
(24) hours after receiving such notice, CITY shall have the right to perform or
cause to be performed all or part of the work necessary to cure such default. In
the event that CITY performs such work, or causes it to be performed,
CONTRACTOR shall bear the cost of such work, and if necessary, shall
reimburse CITY for the cost thereof. CITY shall have the right to deduct any
such compensation due to CITY from any sum otherwise due and owing to
CONTRACTOR.
(b) CITY may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, expenses or liabilities that CITY has
incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article 12.2 non-compliance by
CONTRACTOR in this Agreement.
13.5 CANCELLATIM OR ANNULMENT OF CONIRACI: In the event the
Processing Center Facility charges a fee to accept Recyclable Materials as
specified herein, CONTRACTOR shall notify CITY in writing by certified mail,
return receipt requested within fifteen (15) days, at which time CITY may elect:
(a)(1) To reimburse CONTRACTOR for the actual fee(s) charged by the
Processing Center Facility to accept Recyclable Materials as specified herein.
(a)(2) To reimburse CONTRACTOR for actual costs incurred due to the storage
of materials or other methods of disposing of the. Recyclable Materials.
(b) CITY reserves the right to direct CONTRACTOR to deliver Recyclable
Materials to any Processing Center Facility, to any Materials Recovery Facility, or
to store or otherwise dispose of Recyclable Materials; and to reimburse
CONTRACTOR as set forth in ARTICLE S.
•
LJ
9/1/94 16
. (c) CITY may elect to terminate this Agreement based on the foregoing, and
CONTRACTOR shall be paid for services rendered through the termination date.
ARTICLE 14
Indemnification
CLAIMS AGAIN5I CITY I R:
CONTRACTOR hereby assumes risk of loss and/or injury to property and/or persons
arising directly or indirectly from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY, its officers, agents, and employees
from and against any and all claims, liabilities, demands, suits, costs or expenses, including, but
not limited to, expenses of litigation and attorney's fees arising from any such claims, loss or
injury, or claims, loss or injury arising as a result of awarding this bid to CONTRACTOR.
Without limiting the foregoing, the indemnity provided herein shall specifically include any
claim against CITY arising out of Contractor's performance of this Agreement arising out of any
Environmental Law (as herein defined). This indemnification shall continue beyond the term of
this Agreement for claims arising as a result of this Agreement. CITY shall notify
CONTRACTOR of such claims, liabilities, demands and suits no later than sixty (60) days after
City's receipt of a claim.
ARTICLE 15
Insurance
15.1 GENERAL: CONTRACTOR shall not commence work under this Agreement
until it has obtained all the insurance required under this Agreement, and such
insurance has been approved by the City. CONTRACTOR shall be responsible
for delivering to CITY the Certificate of Insurance for approval. CONTRACTOR
shall name the City of Tamarac as an additional named insured on the Certificate
of Insurance. CONTRACTOR'S insurance policies shall be primary to any
insurance policies carried by the City. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as Exhibit " E ". All insurance
policies shall be issued by companies duly licensed to write business insurance
policies in the State of Florida and rated -A- or better by A.M. Best's Key Rating
Guide. Further, CITY shall be named as an additional named insured on all
insurance policies (except Workers' Compensation). Certificates of each policy,
together with a statement by the issuing company to the extent that said policy
shall not be canceled without thirty (30) days prior written notice received by
CITY, and shall be delivered to CITY for review and approval. Insurance
coverage specified herein constitutes the minimum requirements and said
requirements shall in no way lessen or limit the liability of CONTRACTOR under
the terms of this Agreement. CONTRACTOR shall procure and maintain, at its
own cost and expense, any additional kinds and amounts of insurance that, in its
own judgment, may be necessary for proper protection in the completion of its
work.
15.2 COMPENSATION INSURANCE: CONTRACTOR shall maintain, during the
term of this Agreement and any renewals, Worker's Compensation Insurance on
all of its employees to be engaged in work under this Agreement, and shall require
the same from any subcontractors used. In the event that any class of employees
engaged in hazardous work pursuant to this Agreement is not protected under the
is employer's
Compensation Statute, CONTRACTOR shall provide adequate
employer's liability insurance for the protection of employees not so protected.
9/1/94 17
15.3 COMMERCIAL (C0.MPREHENSIVE) LIABILITY INSURANCE:
CONTRACTOR shall procure and shall maintain during the term of this .
CONTRACT and any renewals Public Liability and Property Damage Insurance
in an amount not less than S 1,000,000 combined single limit coverage for bodily
injury, death and property damage (except automobile).
Coverage A shall include premises, operations, products and completed
operations, independent contractors, contractual liability covering this agreement
or contract, and broad form property damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of Commercial General Liability
must be provided.
Garage keeper's legal liability insurance, comprehensive form, with limits not less
than $300,000 each occurrence and any deductible not to exceed $5,000.
15.4 AMMOBTLE INSURANCE: CONTRACTOR shall procure and maintain.
during the term of this Agreement and renewals, Comprehensive Automobile
Liability Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death, and property damage (automobile).
15.5 EXCESS 11MBRELL&LIARILTTY: CONTRACTOR shall procure and
maintain, during the term of this Agreement and any renewals, Excess Umbrella
Liability Insurance in an amount not less than $1,000,000 coverage in excess of
Automobile and Bodily Injury/Property Damage coverage's.
15.6 SCOPE OF INSURANCE: The insurance required under the above paragraphs
shall provide adequate protection for CONTRACTOR against damage claims
which may arise from operations under this Agreement, whether such operations
be by the insured or by anyone directly or indirectly employed by the insured.
CITY shall be named an additional insured on all of CONTRACTOR'S insurance
policies provided for herein.
15.7 : The insurance and
bonding companies with whom CONTRACTOR'S insurance and performance
bonds are written shall be licensed to do business in the State of Florida and shall
be represented by an agent or agents having an office located in the State of
Florida. Each such agent shall be duly qualified, upon whom service of process
may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with CITY, or any other claimant,
or any property owner who has been damaged, may have against
CONTRACTOR, insurance, and/or bonding company. The name of the agent or
agents shall be set forth on all such bonds and certificates of insurance.
CONTRACTOR shall keep the required insurance in full force and effect at all
times during the term of this CONTRACT, and any renewals thereof prior to the
commencement of this Agreement.
CONTRACTOR shall furnish to CITY a Certificate of Insurance on a form and
approved by CITY, evidencing CONTRACTOR has obtained the required .
insurance coverage. At the request of CITY the original policy shall be provided
9/1194 18
for inspection. All policies must provide that they may not be changed or
cancelled by the insurer in less than thirty (30) days after CITY has received
written notice of such change or cancellation. Such insurance amounts may be
reviewed upward at CITY'S request. and CONTRACTOR shall revise such
amounts within thirty (30) days after receipt of such request.
Miscellaneous Provisions
16.1 VENUE: This agreement shall be considered consummated in Broward County,
Florida. All actions brought hereunder shall be brought exclusively in Broward
County, Florida.
16.2 TAME IS OF THE ESSENCE: Time shall be deemed to be of the essence
concerning this agreement whenever time limits are imposed herein for the
performance of any obligations by any of the Parties hereto, or whenever the
accrual of any rights to either of the Parties hereto depends on the passage of time.
16.3 RIGHI TO REQUIRE PERFORMANCE: The failure of CITY, at any time,
to require performance by CONTRACTOR of any provisions herein shall in no
way affect the rights of CITY thereafter to enforce the same. Nor shall waiver by
CITY of any breach of any provisions herein be taken or held to be a waiver of
any succeeding breach of such provisions or as a waiver of any provision itself.
16.4 FORCE MA.IEURE: Neither CONTRACTOR nor CITY shall be liable for the
failure to perform its duties if such failure is caused by a riot, war, governmental
• order or regulation, strike, act of God, or other similar or different contingency
beyond the reasonable control of CONTRACTOR.
16.5 PRIOR C„ONIEA Q1'5: This Agreement supersedes and replaces all terms
related to single-family and family recycling service in the Agreement between
The Joint Group Cities (Tamarac as signator) and All Service Refuse Company,
Inc. dated November 29, 1993 and The Joint Group Cities (Tamarac as signator)
and Southern Sanitation, a division of Waste Management, Inc. dated December
18, 1989 and effective immediately, which agreement, upon the commencement
date of this_ agreement shall be null and void and of no further force and effect.
16.6 APPRQVAL BY CITY COUNCIL: This agreement shall not be considered
fully executed or binding or effective on CITY until the same shall be approved
and accepted by the City Council of the City of Tamarac in an open meeting as
required by law and executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to CONTRACTOR a certified copy
of the Ordinance as evidence of the authority of the person authorized to bind
CITY to the terms, covenants and provisions of this agreement and to perform the
same in accordance herewith.
16.7 COMPLIANCE W11H LAWS: CONTRACTOR, its officers, agents,
employees, and contractors, shall abide by and comply with all laws, federal, state
and local. It is agreed and understood that, if CITY calls the attention of
CONTRACTOR to any such violations on the part of CONTRACTOR, its
officers, agents, employees, or subcontractors, then CONTRACTOR shall
immediately desist from and correct such violation.
9/1/94 19
16.8 RIGHT TO PE IODIC REVIEWS: CITY shall have the right to conduct
periodic public meetings, to review and consider the performance of
CONTRACTOR regarding its compliance with the material terms of the
franchise, any amendments desired by CONTRACTOR, the need for any future
new services, and potential amendments to the franchise reflecting service
requirement changes based on advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be available to attend all
public meetings upon reasonable notice by CITY for concerns associated with the
Agreement.
16.9 CHANGES IN LAW: Should the State of Florida, City, County, United States
or Federal agency, or any State or Federal Court, or any agency thereof require
either Broward County, City of Tamarac, or CONTRACTOR to act in a manner
which, affects or is inconsistent with any provisions of this Agreement, CITY
shall be authorized to determine whether a material provision is affected in
relation to the rights and benefits conferred by this Agreement. Upon such
determination, CITY and CONTRACTOR shall negotiate in good faith to modify
or amend the franchise to such extent as may be necessary to carry out the full
intent and purposes thereof in relation to the rights and benefits of CITY, or the
public.
16.10 TRANSFER ABILITY OF CONTRACT: No assignment of this agreement or
any right accruing under this agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of CITY; such consent of
CITY shall not be unreasonably withheld. In the event of any assignment, the
assignee shall assume the liability of CONTRACTOR.
16.11 EFFECTIVE DATE: This agreement shall be effective upon the execution of
this agreement and performance of this agreement shall begin on the
commencement date set forth herein.
16.12 LICENSES AND TAXES: CONTRACTOR shall obtain all licenses and
permits (other than the license and permit granted by CONTRACTOR) and
promptly pay all taxes required by CITY.
16.13 PARAGHAPH HEA_DILLGS: The paragraph headings contained herein are for
convenience and reference and are not intended to define or limit the scope of any
provision of this agreement.
16.14 ENTIRE CONTRACT: This agreement constitutes the entire agreement and
understanding between the parties relating to the subject matter, and it shall not be
modified, altered, changed, or amended in any respect unless done so in writing
and approved by the City Council of the City of Tamarac, Florida.
16.15 RANKRMEY: This agreement shall terminate in the case of bankruptcy
(voluntary or involuntary) or insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on the day and at the time that the
bankruptcy action is filed.
16.16 NOTICE: 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:
9/1/94 20
City Manager
designated agent for the
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305)724-1230
With a copy to:
City Attorney
City of Tamarac
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
(305) 724-1240
Harold Carter
Designated Agent For
All Service Refuse Company, Inc.
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305) 583-1830
With a coy to:
Mr. Harris W. Hudson
c/o Hudson Management Corp.
200 E. Las Olas Blvd., Suite 1420
Ft. Lauderdale, FL 33301
(305) 761-8333
CONTRACTOR may change the address and/or agent upon written notice as
above.
16.17 : 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.
16.18 ADDENDEMS AND ATTACHMENT/EXHIBITS: The provisions of the
foregoing Articles 1 through 16, together with the following Exhibits A through
• F, are intended by the undersigned parties to and shall constitute a binding
agreement between them. All Exhibits A, B, C, D,E and F are incorporated
herewith and fully set forth.
•
16.19 SEYERABILITY AND UNENFORCEABLE PROVTHQNS: If any part,
ARTICLE, sub -article, or other portion of this agreement is declared void,
unconstitutional, or invalid for any reason, such part, article, sub -article, 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.
16.20 GOOD. FAITH: CITY and CONTRACTOR agree to continue to work together
in good faith and to coordinate their efforts to maintain and improve the level and
quality of residential collection service.
16.21 11�,aT ACONSENT: Both parties to this Agreement have had full opportunity
to review and draft this Agreement. Further, both parties have had full
opportunity to review this Agreement with their respective legal counsel. Both
parties have had an opportunity to participate in the finalization of this Agreement
and all provisions have been agreed to by mutual consent.
9/1/94 21
16.22 NON -WAIVER WE : This agreement shall
not be taken or held to imply the relinquishment or waiver by CITY of its cower
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
Recycling services detailed herein. Nothing herein contained shall constitute a
waiver of any of the requirements of the rules and regulations adopted by CITY,
including the right to make such changes and amendments to said rules and
regulations as said CITY may deem to be advisable and necessary to protect the
public health and general welfare of its inhabitants.
C:
•
9/1/94 22
•
•
0
This Agreement shall be effective this the day of �' ' �-' , 1994, with the
Commencement Date of December 19. 1994.
ATTEST:
By: 4ZL'If�k'�'
Carol A. Evans
City Clerk
9/1/94
23
T OF TA RAC, FLORIDBTay�®rNorrnanPITY
a
Abramowitz
Date: 'G"' I 9 �4
By! ,
Robert S. Noe, Jr.
City Manager
Date: ��IIJI-9 '4, / �4,
to
City Attorney
el ,1
STATE OF FLORIDA
COUNTY OF -ri'�C LC A P-D
:SS
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
� k' Rr <:'F-_ ; <T to me known to be the person(s) described in and who executed the
foregoing instrument and �° acknowledged before me that executed the same.
�L
WITNESS my hand and official seal this r� day of ��j"-k-L, 1994.
NOTARY PUBLIC,LState of
Florida at Large NOTARY PUBLIC STATE OF FLORIDA
14Y COFWISSION EXP. NOV. 6.1994
Plr77t ir- A -KC L;R l n SONOE0 THRU GENERAL INS. UNO.
(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 ( /) DID NOT take an oath.
9i1 i9, 24
•
C7
Affreement Between the City of Tamarauqnd All SeEvice
for FUrnishing Residential1' 1 ices
ATTEST:
By:
v
� orporate Secretary
(Corporate Seal)
STATE OF FLORIDA
:SS
COUNTY OFF"
FF , Y 4 •I -I.
CORPORATION:
By: 2e !� f
�c President
Contractor
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
to ,me known to be the person(s) described in and who executed the
foregoing instrument and ` acknowledged before me that executed the same.
WITNESS my hand and official seal this
NOTARY PUBLIC, State of
Morida at Large
(Name of Notary Public:
day of t 1994.
Print, Stamp, or Type as
:`
� -10A rite T. ELUOTr
Commissioned)
(-GUM ! Cc 3m774
DPMS, May 21. 149E
( L-Personally known to me, or
--
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or DID NOT take an oath.
9/1/94
25
/w1M2111. CERTIFICATE' OF
INSURANCE:. LR °"T`°""'"
ALLSE-1 09/O2/94Z/94
PRODUrE1
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NEd"T Risk Management
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
William F. Comiskey, Jr., CIC
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
1900 Glades Road, Suits 103
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Boca Raton FL 33431-7333
COMPANIES AFFORDING COVERAGE
W.F. Comiskey, Jr., CIC 746134
COMPANY
A Michigan Mutual Ins. Co.
407-338-0488
INSURED
COMPANY
8 ITT Hartford Insurance Group
COMPANY
C Westchester Fire Insurance
All Service Refuse Co., Inc.
COMPANY
825 N.W. 31st Avenue
Fort Lauderdale, FL 33311
D
COVERAGES:.. .::.. ;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING;{ ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS,
CO
Typs OF INSURANCE
POLICY NLIMBe1
POLICY OVECTr4a
DATE pMMIDDAM
POLICY E GgRATION
DATE I MMIDO/YYI 1
LIMITS;
GENERAL
UAMUTY
GENERAL AGGREGATE 1 t Z, 0 0 0, 0 0 0
X
PROoucrS-COMPIOPAm 1$1,000,000
A
COMMERCIAL GENERAL LIABILITY
SACPP0276417-94
05/15/94
05/15/95
CLAIMS MADE ® OCCUR
PERSONAL&ADVINJURY 1 t 1, 000, 000
OWNER'S & CONTRACTOR'S PROT
EACH OCCURRENCE ( t 1, 0 0 0, 0 0 0
FIRE DAMAGE ww erm M,N I t 50,000
MED EXP IArn/ wo pacww I t 51000
AUTOMOSILE
UANUTY
COMBINED SINGLE LrMrr
61,000,000
X
B
ANY AUTO
21IIM00767OZ-94
05/15/94
05/15/95
BODILY pr URY
t
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
::1
t
HIRED AUTOS
X
NO"WNED AUTOS
p4, �eod�nl
n
I PIgPERTY DAMAGE
I t
GARAGE UARBLITY
AUTO ONLY • EA ACCIDENT 1 t
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT I t
AGGREGATE t t
EXCEBB UANUTY
I EACH OCCURRENCE t 10 , 0 0 0, 0 0 0
i
FORM
CUA10 017 5 0
05/15/94
0 5/ 15 / 9 5 I AGGREGATE i t 10 , 0 0 0, 0 0 0
C
RUMBRELLA
X OTHER THAN UMBRELLA FORM
1 t
WORKERS COMPENSATION AND
STATUTORY LIMITS
EACH ACCIDENT I t
EMPLOYERS' UABIUTY
THE PROPRIETOP4 INCL
DISEASE - POLICY UMIT t
DISEASE - EACH EMPLOYEE I t
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL
OTHER
DE7CRIPTION OF OPEMTIONiIWCATIONSAnMCLE"PEMAL ITEM&
The Certificate Holder is named Additional Insured, per GL policy forms, as
their interest may appear.
CERTIFICATE HOLDER . . ... .
CANCELLATION
TANAO 01 SHOULD ANY OF THE ABOVE DESCtYBE7 FOLNSES U CANCEJJn BE ORE THE
E%PEtATION DATE TH rtnW. THE MMMM COMPANY WILL ENDEAVOR TO MAIL
3 O DAYS WRITTEN NOTICE TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,
City of Tamarac
BRIT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUOATION OR UABIUTY
Atta: City Manager
7525 N.W. 8 8 th Avenue
OF ANY qND UPON THE COMPANY, ITS OR RE7IESENTATIVEB.
Tamarac, FL 33321
AUTHOR A
W.F. Com s ey, r.,
AGORD?:26•5.13193!
dACORD P TiON 1993'
•
C
0
Exhibit 2
TEMP. RESO. No. e-
AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
ALL SERVICE REFUSE COMPANY, INC.
FOR
FURNISHING
SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES
• • 60 4, k
Article 1 - Definitions.........................................I
Article 2 - Grant of Franchise..................................5
Article 3 - Fees/Revenues.......................................6
Article 4 - Term................................................9
Article 5 - Scope of Services...................................9
Article 6 - Schedules and Routes...............................14
Article 7 - Disposal of Solid Waste ..............&0.00••0•••6••17
Article B - Rates, Records, Billing ............................is
Article 9 - Compensation.......................................22
Article 10 - Units Guarantees..................................22
Article 11 - Contractor's Local Office .........................22
Article 12 - Contractor's Relation to City ....... .......-......23
Article 13 - Performance Evaluation and Monitoring.............26
Article 1.4-- Default of Agreement........................*•--••2s
Article 15 - Indemnification...................................30
Article 16 -- Insurance.........................................30
Article 17 - Miscellaneous Provisions ..........................33
0
A-GREEMENT
BETWEEN
THE CITY OF TWfARAC
Mis
L SERVICE REFUSE COMPANY TIC.
Met
FURNISHING SINGLE-FAMILY SOLID WASTE COLLECTION SERVICES
This is an Agreement dated the ��4- day of ''`; 1994,
between THE CITY OF TAMARAC, a political subdivision of Broward
County, Florida, its successors and assigns, (hereinafter referred
to as "CITY"), through its City Council, and ALL SERVICE REFUSE
COMPANY, INC., its successors and assigns, (hereinafter referred to
as "CONTRACTOR").
W I T N E S S E T H
In consideration of the mutual terms and conditions,
• promises, covenants and payments hereinafter set forth, CITY and
CONTRACTOR hereby agree as follows:
ARTICLE _1
Definitions
1.1 BIONAZARDOUS WASTE: Shall have the meaning set
forth in Section 403.703 Florida Statutes, as
amended from time to time.
1.2 BAGS: Plastic bags sold pursuant to this Agreement
designed to store refuse with sufficient wall
strength to maintain physical integrity when lifted
by the top and as approved by both the CONTRACTOR
and the CITY.
Generic Type: Industry standard 33 gallon garbage
bags that are manufactured and sold for
residential use by the average consumer.
Logo „.T e: Bags shall be imprinted "City of
Tamarac" and shall display the City logo with. the
following copyright information: "(01990 City of
Tamarac". Bags will be 30 gallon bags, thickness
of not less than 1.7 mills, total weight of a bag
shall not exceed 40 pounds. CONTRACTOR shall
provide CITY with several sample bags for testing
prior to the distribution of the bags.
1.3 pULK WASTE: Stoves, refrigerators, water tanks,
washing machines, furniture and other waste
material other than construction debris, weights or
volumes greater than those allowed for containers
generated incidental to the use of the occupancy of
the property where the bulky item is placed for
collection.
1.4 BUNDLE: A group of cut or broken branches or
boards that are tied together with twine or cord.
Bundled items shall not exceed four (4) inches in
diameter, or four (4) feet in length. The total
weight of a bundle shall not exceed forty (40)
pounds.
1.5 CITY:- Shall include the City Council of the city
of Tamarac, Florida.
1.6 CONDOMINIUM: Multi -family residential apartment
buildings that are on the Broward County tax rolls
as condominium ownership and assessment, and are
designed for mechanical container(dumpster) garbage
and trash pick-up.
1.7 CONTAINAR: Shall include any garbage can, generic
bag, bundle or Logo bag that shall not exceed 40
pounds in weight. Cardboard boxes are not
acceptable containers.
1.8 CONTRACT ADMINISTBAZOR: Shall be City Manager
and/or his designee.
1.9 CUSTOMER: Shall include any single-family or
residential service unit and the owner thereof
within the corporate limits of the City of Tamarac.
1.10 C17RBSIDE: The designated physical location for the
placement of refuse accumulations intended for
residential service collection and disposal. This
designated location shall be within two (2) feet or
as near as possible to the traveled street normally
serviced by refuse collection vehicles. Curbside
service shall not apply to condominiums or other
multi -family buildings that use garbage dumpsters.
1.11 DEAD ANIMALS: Dead animals shall mean any four
legged, two legged fur, fin, feather livestock,
household pet or otherwise.
1.12 DISPOSAL SITE: A site or facility legally
empowered to accept solid waste for treatment or •
disposal as approved by the City of Tamarac,
2
Broward County, and the State of Florida governing
. agencies.
1.13 GARBAGE: All waste and accumulation of animal,
fruit or vegetable matter that attends, or results
from the preparation, use, handling,, cooking,
serving or storage of meats, fish, fowl, fruit,
and/or vegetables or any matter of any nature
whatsoever which is subject to decay and the
generation of noxious or offensive gases or odors,
or which, during or after decay, may serve as
breeding or feeding material for flies or other
germ -carrying insects; and any bottles, cans or
containers, utilized in normal household use, which
may retain water and serve as breeding places for
mosquitoes and other insects.
1.14 ARBAGE CAN: A metal or plastic container that has
a closed bottom, handles for lifting and a lid.
1.15 GARDEN AND LAWN TRASH: All accumulations of grass,
leaves shrubbery, vines, tree branches and
trimmings which are normally associated with the
care and maintenance of landscaping.
. 1.16 GROSS RECEIPTS: Shall include all revenues
received by CONTRACTOR pursuant to this Agreement
which shall include monthly compensation pursuant
to Article 9.1(a) and all special services.
(except for side door service).
1.17 HAZARDOUS WASTE: Any byproducts generated by
industry, commercial activity or even individual
households that are potentially dangerous to human
health or the environment. These wastes can take
various forms - solids, liquids, or gases and have
at least one of the following characteristics;
Ignitability - they may catch fire; Corrosivity -
they can damage other materials (including human
tissue) on contact; Reactivity - they react
violently with water and may catch fire or explode;
Toxicity - they may cause illness or other health
problems if handled incorrectly.
1.18 HOUSEHOLD TRASH; All accumulations of paper,
magazines, packaging, containers, sweepings and all
other accumulations of a nature other than garbage
or lawn clippings, which are usual to housekeeping.
1.19 PERFORMANCE BONDS: shall mean the form of security
approved by the city and furnished by the
CONTRACTOR as a guarantee that the CONTRACTOR will
3
N
execute the work in accordance with the terms of
the agreement and will pay lawful claims. 0
1.20PRODUCER: An occupant of a residential unit who
generates refuse.
1.21 PROPER VEHICLES: Any vehicle which is not in
violation of any provision of this Agreement is a
proper vehicle.
1.22 REFUSE SOLID WASTE: Garbage, rubbish, bulky waste,
household and other discarded matter within the
corporate limits of the city.
1.23 REFRSE RE All administrative rules,
regulations and procedures that may be established
for the purpose of carrying out or making effective
the provisions of this agreement.
1.24 RESIDENCE: A detached single-family structure
designed or intended for occupancy by one (1)
person or by one (1) family deemed a "residence".
1.25 RESIDENTIAL 5 VI E (SZNGLg F Y: All refuse
curbside collections service provided to houses,
duplexes, triplexes, and residential dwelling units
defined on the Broward County tax rolls as single-
family within the service area. 0
1.26 RUBBISH: All waste wood, wood products, tree
trimmings, grass cuttings, dead plants, weeds,
leaves, dead trees or branches thereof, chips,
shavings, sawdust, printed matter, paper,
pasteboard, rags, straw, used and discarded
mattresses, used and discarded clothing, used and
discarded shoes and boots, combustible waste pulp
and other products such as are used for packaging
or wrapping, crockery and glass, ashes, cinders,
floor sweepings, glass, mineral or metallic
substances, and any and all other waste materials
not included in the definition of Bulky Waste,
Construction Debris, Garbage, Hazardous Waste, and
Special Waste.
1.27 SCOPE of WORK:. The work under this Agreement shall
consist of the supervision, materials, equipment,
labor and all other items necessary to complete
said work.
1.28 SERVICE AREA: City limits of City of Tamarac.
•
4
1.29 MCIAL SERVICE: Any collection or disposal
service provided which exceeds the uniform level of
service provided under residential service systems,
per the agreement, and for which a special service
charge is applied.
1.30 SPECIAL WASTE: All waste which by the nature of
its size, weight or chemical content requires
special handling in either its collection or
disposal. This includes but is not limited to tree
trimmings and branches exceeding the size or weight
defined in Garden and Lawn Trash, or Yard Trash,
hazardous materials, appliances, bulky household
items, large furniture items, construction
materials, abandoned vehicles or vehicle parts
including tires, body parts, dead animals,
flammable, explosives, radioactive materials or
liquid waste, or any items that may not be lawfully
disposed of at the disposal utilized by the
CONTRACTOR.
1.31 SURETY: Shall mean the party who is bonded with
and for the CONTRACTOR to insure the payment of all
lawful debts pertaining to and for the acceptable
performances of the agreement.
• 1.32 UNIT: Shall mean the place of residence of a
customer.
1.33 VENDOR: Any major CITY/CONTRACTOR approved retail
establishment that CONTRACTOR distributes bags.
1.34 WHITE GOODS AND FURNITURE: Discarded
refrigerators, ranges, washers, water heaters and
other similar domestic appliances.
1.35 YARD TRASH - REGULAR: All vegetative matters
resulting from yard and landscaping maintenance and
Shall include materials such as tree and shrub
trimmings, grass clippings, palm fronds or small
tree branches which shall not exceed four (4) feet
in length and four (4) inches in diameter and not
over 40 pounds in weight. Such trash shall be tied
in bundles with twine or placed in City approved
container and, placed curbside- for regular
collection.
TICLE 2
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder and
is compliance with the covenants and conditions set forth herein, and
5
r
in_ the ordinances and regulations of the CITY governing the
collection of residential solid waste, the CITY hereby grants to
the -.CONTRACTOR the non --exclusive right pursuant to Article 7.19 of
the City's Charter to use the public streets, alleys and
thoroughfares within the corporate limits of the CITY for the
purpose of engaging in the business of collection of solid waste
for residential customers located within the corporate limited of
the CITY pursuant to the terms of this Agreement, but not
otherwise.
The CITY shall retain vested title to all waste materials covered
by this franchise Agreement and generated within the corporate
limits of the CITY until same are collected by CONTRACTOR; at which
time, title shall pass to CONTRACTOR.
The CITY reserves the right to establish a separate recycling
collection program outside of this Agreement for newspapers,
aluminum, glass, plastic or other materials. However, any
reduction in, the rates in this Agreement due to a reduction in the
volume of solid waste collected as a result of a bona -fide
recycling program for recyclable materials shall be the subject of
negotiations between the parties. Legal procedures shall be
invoked in a Broward County Court of proper jurisdiction pursuant
to Article 17 in the event that the parties cannot agree to a
reduction.
The CITY shall continued to provide for and promote a curbside •
recycling program of at least the items in its current program
(newspaper (ONP), aluminum (UBC) and clear glass (FLINT).
ARTICLE 3
Fees/Revenues
3.1 STREET USE _FEES: In consideration of the grant
contained in, Article II hereof, the CONTRACTOR
hereby agrees to pay CITY as compensation for the
right to use its streets, alleys and thoroughfares
an amount ("Street User Fee") equal to fifteen
percent (15%) of its Gross Receipts collected from
residential solid waste customers within the
corporate limits of Tamarac. Payments shall be due
no later than thirty (30) days after the end of the
quarter on revenue received during the quarter.
CONTRACTOR shall provide to CITY notarized
quarterly and annual statements signed by an
authorized representative of CONTRACTOR.
Statements should accompany payments and identify
in detail the categories and amounts of Gross
Receipts received by CONTRACTOR, based on the
records of CONTRACTOR during the month for which
payment is made related to CONTRACTOR'S performance .
6
V
under this Agreement. If CONTRACTOR fails or
refuses to make such reports and payments, CITY may
maintain an action against CONTRACTOR to recover
the same and all expenses of collecting same,
including reasonable attorney fee. If, as a result
of an annual audit pursuant to 8.2; there is a
discrepancy what should have been paid to CITY for
franchise fees versus what was paid to CITY
pursuant to the Agreement, CONTRACTOR shall be
responsible for 100% of the difference due and
owing to CITY. The delinquency provisions of
Section 3.3 of this Article shall apply to any such
difference due and owing the CITY. Such difference
shall be due no later than thirty (30) days after
delivery of notice to CONTRACTOR of said
difference.
If as a result of an annual audit pursuant to
Article 8.2, an overpayment was made by CONTRACTOR,
CITY shall be responsible for 100% of the
difference due and owing CONTRACTOR. Such
difference shall be due no later than thirty (30)
days after the delivery of notice.
It is further understood and agreed that the
isconsideration paid pursuant to this Agreement shall
not be added on as a separate item on the
resident's garbage collection bills, but rather
shall be considered as an operations expense.
3.2 F EREVENUE: In the event CONTRACTOR
establishes any other methods of collection and
disposal of solid waste, CITY shall establish, at
that time, a percentage of gross receipts from such
collection method to be, included in the calculation
of the amounts due.
3.3 DDELINQUENCY PROVISION: In the event CONTRACTOR
fails to make the payment for this franchise on or
before the date due as hereinabove provided,
CONTRACTOR shall pay an interest charge for each
day, or a fraction thereof, that payment is late.
An Interest Factor shall be based on the prime rate
for the Chase Manhattan Bank, N.A. plus one percent
(1%). Calculation will be illustrated as follows:
Prime rate + 1%/365 days=Daily Interest Rate,
DIRxDays Payment Late=Interest Charge (DIR)
NOTE: Regardless of the foregoing, the interest
rate referred to in this section will comply with
all applicable state laws.
WA
3.4 TIPPING FEE_ CRED One component in the
computation of single-family residential collection
fees under this Agreement between CONTRACTOR and
CITY is disposal fees (tipping fees). Pursuant to
the Agreement, CITY and CONTRACTOR shall negotiate
an adjustment to the fee schedule in Article 9 if
new technology is utilized by CONTRACTOR that
provides verifiable cost savings in excess of the
cost of such technology that benefit CUSTOMER and
CONTRACTOR. The tipping fee credit shall be
computed using the information supplied by
CONTRACTOR as required in Article B.
3.5 CONSUMER PRICE INDEX I ADJUSTMENT: If this
agreement is not terminated as provided herein, on
January 1 of each subsequent year hereof, the rate
shall be adjusted by the same percentage increase
or decrease, if any in the Miami Urban Consumer
Price Index (CPT) for the twelve (12) month period
ending the previous September 30. Notwithstanding
the foregoing sentence, no CPI adjustment in the
rate shall exceed four percent (4%) for any one (1)
year, except that in the event of an extraordinary
increase in the CPI in such twelve (12) month
period, CONTRACTOR shall have the right, between
December 1 and December 31 subsequent to the twelve
(12) month period, to petition CITY by filing a .
petition with the Contract Administrator for an
adjustment in the rate above the four percent (4%)
maximum level. The CONTRACTOR'S petition shall
contain financial information which shall
substantiate the requested adjustment. The
Contract Administrator shall within thirty (30)
days of receipt of the petition recommend to the
City Council that the petition be approved, denied
or approved with modifications. Approval, denial
or approval with modifications shall be within the
sole discretion of the City Council and shall be
final and binding.
3.6 AVOIDED COST OF DISPOSAL: CONTRACTOR shall provide
to CITY an avoided cost of disposal fee based on
the increase in recycling materials and a reduction
of generated waste curbside. CONTRACTOR shall
remit to CITY on a quarterly basis (by the end of
the first month following each quarter) an avoided
cost of disposal based on the recycling oided
over twenty (20) pounds per unit per month
calculated as follows:
Monthly overage of pounds per unit of
recyclables minus (-) 20 pounds times (x) •
8
. number of units times (x) 3 months divided (7)
by two thousand (2000) pounds times (x) the
tipping fee equals (=) the quarterly avoidance
fee. The following example is for
illustrative purposes only:
(26-20) x 13,836 x 3 - 2000 x $75.87 -
$9;447.64
ARTICLE 4
Term
4.1 CONTRACT TERMS: The term of this Agreement began
on June 1, 1993 and is extended by this Agreement
which shall expire December 31, 1999.
4.2 OPTION (EXTENSION):_ CITY and CONTRACTOR shall have
the option to extend the term of this Agreement on
a month -to -month basis on thirty (30) days written
notice.
4.3 RMEWAL TERMS This Agreement may be renewable for
five (5) year periods by CITY. The decision to
renew this Agreement for an additional term shall
be made by the CITY no later than the end of the
• current term. Notice shall be provided by CITY to
CONTRACTOR pursuant to Article 17.17. CITY shall
not have any obligation to exercise any additional
term.
ARTICLE 5
Scope of Services
5.1 GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS:
CONTRACTOR hereby agrees to collect all solid waste
generated by residential customers within the
corporate limits of the CITY, except as
specifically excluded in this Agreement.
5.2 F UE CY OF WA E COLLECTION: Residential
Service shall be provided regular refuse collection
service at least two (2) times per week under this
Agreement. All units are required to receive such
service.
1 HOLIDAY SCHEDULE: Pickups shall not be
reduced by holidays, other than Christmas Day.
CONTRACTOR shall be required to pick up refuse on
all holidays other than Christmas Day. If a pick-
up day falls on Christmas Day, CONTRACTOR shall be
required to collect garbage the next regular
collection day. Residents will have the option to
�*'
J
a
place an unlimited quantity of garbage curbside on
their next regularly scheduled pickup day after
Christmas Day.
(b)(2) CONTRACTOR agrees to pick up all Christmas
trees placed curbside during the first week of
January following Christmas day at no additional
charge to the resident.
QUANTITY: CONTRACTOR shall be required to pick
up garbage and -rubbish as follows: A resident may
place two (2) cans or two (2) generic bags or two
(2) bundles or any combination of cans, bags or
bundles not to exceed two (2) in number on any pick
up day. If garbage is in excess of two (2)
containers or bundles (on any pick up day) the
additional garbage shall be placed in city Logo
bags for collection.
(c)(1) CONTRACTOR shall provide service
Monday through Saturday, except during
specified holidays, Christmas Day.
(c)(2) CONTRACTOR shall only made waste
collections on a Sunday during times of
emergency conditions. 40
(c)(3) BUIXy was a Y- bulky and heavy items
shall be placed at the appropriate refuse
location as specified in Section 5.4 of this
Agreement.
(c)(4) Car o r - Cardboard is presently
commingled with the collection of garbage. In
the event that any State or local law or rule
requires separate collection or recycling of
cardboard effective on January 1, 1993 or any
time thereafter, CITY and CONTRACTOR
acknowledge and agree that cardboard will then
be removed from this agreement and be treated
separately under recycling and contracted
through the CITY'S recycling hauler or
contracted by RFP process at the CITY'S
option.
5.3 COLLECTION REQUIREMENTS:
(a) Customer may use 33 gallon can(s) or smaller.
Customer may use generic bags in place of cans, (33
gallon size or smaller)
(b) Customer will tie branches in bundles. .
10
A.
(c) Total weight of each can, bag, or bundle shall
not exceed 40 pounds.
(d) Twice a week service includes two cans or two
generic bags or two tied bundles or any combination
of cans, bags, or bundles not to exceed two in
number on any pick up day.
(e) If garbage is in excess of two containers on
any pick up day, the additional garbage shall be
placed in city Logo bags for collection.
(f) All bags put out for collection must be tied
at the top securely.
5.4 MURS OF COLLECTION_ Collection shall begin no
earlier than 7:00 a.m. and shall cease no later
than 7:00 p.m. In the case of an emergency,
collection may be permitted at other times,
provided CONTRACTOR has received prior approval
from CITY or authorized representative, to be later
evidenced by a written memorandum confirming the
approval.
5.5 ZQINT OF PICKUP: All persons receiving residential
service pursuant to this Agreement shall place,
approved containers and other items curbside as
defined in Article 1.10 for collection. Approved
containers shall be secured from disturbance by
animals and placed as closely to the roadway
without interfering with or endangering the
movement of vehicles or pedestrians. When
construction work is being performed in the right-
of-way, approved containers shall be placed as
close as possible to an access point for the
collection vehicles.
S.6 HALMICAPPED SERVICE: Where there is no person
physically capable of moving the approved container
to the curb or alley for curb or alley service,
CONTRACTOR shall provide back -or -side service
Within one hundred and twenty (120) feet from
roadway. There shall be no additional charge for
back -or -side door service for residences where
there is no person physically capable of moving the
approved container to the curb or alley for curb or
alley service. Residents shall be required to
write a letter and provide proof of medical
disability to the City Manager of the City of
Tamarac establishing such disability of household
0 members.
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1
5.7 SPECIAL SERVICE5 COLLECTION: Services such as side --
door collection, below ground collection, removal .
of any refuse other than residential waste as
defined herein, or additional pickups shall be
provided for a separate fee upon terms agreed to be
CONTRACTOR and customer. Requests for special
pickup services. Charges for special services shall
not be unreasonable or excessive.
5.8 WASTE COLLECTION: CONTRACTOR shall make collections
with a minimum of noise and disturbance.
Containers shall be handled carefully by CONTRACTOR
and shall be disposed in sanitary manner. any
waste spilled by the CONTRACTOR shall be picked up
and removed by CONTRACTOR.
5.9 BQLR WASTE COLLECTION: CONTRACTOR shall collect bulk
wastes on a quarterly basis on the residences first
scheduled pick --up day in the months of February,
May, August and November of each year unless an
alternative schedule is agreed to by CONTRACTOR and
CITY. The removal of these items shall be limited
in size and weight to allow a two man crew to lift
item, fit it is the hopper of vehicle and allowing
for normal compaction. In the first month of each
year, CONTRACTOR shall provide CITY with an annual
list of all bulk waste pickup days and shall notify
the public of the schedule of collection in a local
newspaper approved by CITY.
5.10 YARD TRASH: CONTRACTOR shall collect household
trash clippings and branches properly containerized
or toed in bundles not exceeding four (4) feet in
length, four (4) inches in diameter, and not over
40 pounds, any other domestic discards which may be
reasonably hauled by pick up crews, on the same
days as garbage and placed in appropriate CITY
approved container. Yard trash is presently
commingled with the collection of garbage. In the
event Florida Statutes required separate collection
and disposal of yard trash, effective on January 1,
1993 or any time thereafter, CITY and CONTRACTOR
acknowledge and agree to renegotiate any new or
established or additional rates.
5.11 VACANT LOTS: It will not be the responsibility of
CONTRACTOR to remove waste resulting from clearing
property for building purposes, unless specifically
contracted to do so.
5.12 (a) MUNICIPAL SERVICE:
12
. (1) CONTRACTOR shall provide CITY with
containers and service at the following
locations at not cost to CITY:
NgNICIPAL LOCAXIONS FREE OF CHUGE
MINIMUM SIZE
City Hall
4
cubic
yards
7525 N.W. 88th Avenue
Police Station
4
cubic
yards
7515 N.W. 88th Avenue
Public Services
30
cubic
yards
6001 Nob Hill Road
roll
--off
Fire Station (West)
2
cubic
yards
7501 N.W. 88th Avenue
Fire Station (East)
2
cubic
yards
4801 W. Commercial Blvd.
Tamarac Park
4
cubic
yards
• 7601 No. University Drive
Tamarac Sports Complex
4
cubic
yards
9901 N.W. 77th Street
And any additional locations up to
eight (8)
may be
specified by the City Manager.
(2) CONTRACTOR shall provide such service at a
reasonable frequency to be determined by the City
Manager. CITY shall have the right to use
mechanical containers, commercial type cans,
containers or bags with the size and weight limits
prescribed herein. CONTRACTOR shall supply the
CITY dumpsters at no charge for solely CITY
sponsored events including but not limited to the
4th of July celebration.
5.13 MUNICIPAL CoN E E ANCE: All containers
provided by CONTRACTOR for CITY shall be
maintained no less than annually. CONTRACTOR shall
not be entitled to a fee for this maintenance
service.
5.14 MUVICIPAL REGULATION OF COLLECTION CONTAINERS
0 CITY LOCATIONS ONLY : CONTRACTOR shall provide CITY
13
with appropriate containers for collection of solid
waste, subject to the following requirements; all
such containers shall be constructed according to •
the generally accepted industry standards. All
roll off containers shall be covered to prevent the
scattering of the containers contents while in
transit. All such containers shall be cleaned and
maintained on a regular basis by CONTRACTOR so as
to be in good repair. All containers shall be
clearly marked with the CONTRACTOR'S name and
telephone number in letters not less than two (2)
inches in height. CONTRACTOR shall replace any
damaged container within forty-eight (48) hours if
notified by CITY.
5.15 CONTRACTOR shall work with CITY to resolve any
unforeseen problems that may arise during the term
of the agreement. This includes, but not limited
to, providing extra crews and equipment in times of
emergency, provided dumpsters in times of
emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and
trash accumulated by the various departments of the
CITY, under terms and conditions pursuant to
Article 6.3 of this agreement.
5.16 CLIIHHOUS S: Clubhouses shall be defined as a
common area facility service any homeowner le
association available to all parcel owners and
their guests for recreational activities, meetings
and events.
CONTRACTOR shall provide garbage collection service
to clubhouses in the single-family service area
that require garbage service. CONTRACTOR shall
pick up no charge, up to two (2) containers twice a
week. Additional garbage shall be placed in CITY
logo bags or call CONTRACTOR for special service.
ARTICLE 6
Schedules and Routes
6.1 ROUTES OF COLLECTION: Collection routes shall be
established by CONTRACTOR. CONTRACTOR shall submit
a map designating the collection routes to the city
for its approval, which approval shall not be
unreasonably withheld. CITY may amend the
collection routes annually so long as such
amendments do not increase the cost of CONTRACTOR
to provide the services contemplated herein.
14
CONTRACTOR may, from time to time, propose to CITY
changes in routes or days of collection, which
approval shall not be unreasonably withheld.
Should CITY propose substantial route changes which
alter the date of collection, then upon
CONTRACTOR'S approval of the proposed changes by
CITY, CONTRACTOR shall promptly give written or
published notice to the affected residential units.
Should CONTRACTOR propose substantial route changes
which alter the date of collection, upon CITY 'S
approval of the proposed changes by CONTRACTOR,
CONTRACTOR shall promptly give written or published
notice to the affected single-family residential
units. CONTRACTOR acknowledges and agrees that
CONTRACTOR shall be obligated to take such actions
as necessary to fulfill its duties and obligations
hereunder and that CITY may, after negotiation with
CONTRACTOR and a mutual agreement between CITY and
CONTRACTOR, from time to time, issue written
directions to CONTRACTOR clarifying the scope of
CONTRACTOR'S services to fulfill the intent of this
agreement.
6.2 SEASONAL QUALITX FLUCTUATIONS: CONTRACTOR
acknowledges that at times during the year, the
• quantity of refuse is materially increased by
fluctuation in the amount of garden and yard trash.
This additional load will not be considered a
Justification for the failure of CONTRACTOR to
maintain the established schedules and routes.
CONTRACTOR shall be responsible for removal of all
refuse placed curbside in approved containers.
6.3 STORM DISASTER: In the event of storm or other
disaster, CITY may grant CONTRACTOR reasonable
variance from regular schedules and routes. As
soon as practical, after storm or disaster,
CONTRACTOR shall advise CITY and the customer of
the estimated time required before regular
schedules and routes can be resumed.
Listed below is the equipment which may be
necessary for storm or disaster clean-up in the
City of Tamarac. This equipment shall be supplied
on an "as needed" basis.
1) Boom Truck - International chassis
with an Iowa Mold Tooling
(IMT) 64235 crane and a
one yard clam bucket or
equivalent.
15
2) Rear Loader Truck - Mack chassis truck with a
thirty one (31) yard
Leach 2RII Fackmaster
body or equivalent.
3) Roll Off Truck -
Mack chassis truck with a
March Hoist and a thirty
(30) yard Hesco Roll Off
container or equivalent.
As of October 1, 1994 the charges per hour for
usage of this equipment will be as follows:
Boom Truck
(with driver/operator) $ 85.00/per hour
Rear Loader Truck
(with driver plus 2 helpers) $110.00/per hour
Roll Off Truck $100.00/per hour
(with driver/operator)
The foregoing prices and costs are subject to
adjustment set forth in Section 3.5.
Where it is necessary for CONTRACTOR and CITY to
acquire additional equipment and to hire extra •
employees to clean city of debris and refuse
resulting from the storm or disaster, CONTRACTOR
shall work with City Manager in all possible ways
for the efficient and rapid cleanup of such debris
and refuse. CONTRACTOR shall receive extra
compensation above agreement for additional
employees, disposal cost, overtime and costs of
equipment, provided CONTRACTOR has first secured
prior written authorization from City Manager to
utilize and hire additional labor and equipment and
to incur overtime. Said compensation shall be
calculated on the basis of CONTRACTOR'S actual
costs for additional labor, equipment, materials
and disposal cost, plus a reasonable amount as
overhead and profit to be negotiated. CONTRACTOR
shall provide CITY with sufficient records to
clearly support its claims for additional
compensation.
6.4 MISCE7LANEOUS: Employees of CONTRACTOR shall not
be required to expose themselves to the danger of
being bitten by dogs or other animals in order to
accomplish refuse collection where the owner or
tenants have such animals at large. CONTRACTOR
shall immediately notify CITY in writing of such
16
1
. condition and of its inability to make collection
because of such condition.
ARTICLE 7
Disposal of Solid Waste
CONTRACTOR shall deliver single-family residential solid waste
collection pursuant to this agreement to the approved Broward
County Recovery facilities or to any transfer station which may
hereafter be utilized in the future by CITY'S and approved by
Broward County (such site hereafter call the DISPOSAL SITE).
CONTRACTOR shall not be reimbursed by CITY for 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 except when approved in writing. All
alternative disposal sites must be approved in writing by CITY
prior to use by CONTRACTOR. All laws, rules and regulations
governing hours of operation and disposal practices at disposal
sites shall be strictly observed by CONTRACTOR. The parties hereby
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 shall be
approved by City Council and upon such approval, shall become a
part of this agreement as though fully set forth herein. The
allocation of any and all costs which may be hereafter incurred by
CONTRACTOR in conforming with any changes in the performance
standards, shall be negotiated by CONTRACTOR and CITY in good
faith.
0
(INTENTIONALLY LEFT BLANK)-
17
ARTICLE 8 •
Rates, Records, Billing
8.1 ES: The rates referred to in Article 9 shall be
automatically increased or decreased to reflect
substantiated increases and decreases in disposal
fees at facilities used by CONTRACTOR. Such
adjustments shall be approved by City Council and
become effective on the effective date of the
disposal cost increase or decrease.
$.18 cents per $1.00 tipping fee
increase per month per unit.
Not to exceed $.02 cents per $1.00 tipping fee
increase per 30 gallon City logo bag.
(a) In addition to the rate adjustments described
above, CONTRACTOR may petition CITY any time after
the first anniversary date of this Agreement for a
rate adjustment. CITY reserves the right to
require additional information as backup for any
rate increase proposal including an audit of
applicable records by CITY'S Finance Department or
agent theredf. CONTRACTOR recognizes that all rate
increases must be approved by Resolution of the •
City Council and shall be considered on a timely
basis by CITY. CONTRACTOR shall not increase any
rate prior to approval by City Council and notices
given to residents including the initial rates
described herein. CITY shall, have thirty (30) days
from submission of the rate request by CONTRACTOR
in which to request in writing additional backup
information. Article 8.1(a) may not be invoked
until the completion of the initial nineteen (19)
month agreement (ending December 31, 1994).
(b) In the event that rates are increased or
decreased at the landfill/incinerator/disposal site
and/or Broward County or any other state or
governmental agency CITY may notify CONTRACTOR
within 15 days to adjust fees based on formula as
specified in Article 8.1 of this Agreement.
(c) The rates quoted are to apply to any area
annexed into the CITY.
(d) CONTRACTOR shall work with CITY to resolve any
unforeseen problems that may arise during the term
of the agreement. This includes, but is not
limited to, providing extra crews and equipment in
times of emergency, providing dumpsters in times of
18
emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and
trash accumulated by the various departments of the
city.
8.2 RECORDS: CONTRACTOR agrees to maintain, at his
local office or principal place of business within
Broward County, adequate books and records relating
to the performance of its obligation under this
Agreement. CONTRACTOR agrees to maintain separate
records in a form sufficient to identify gross
receipts from the City of Tamarac from gross
receipts for other municipalities, operations.
Audits, upon reasonable notice by the City, shall
not be performed more frequently than twice a year
during normal working hours. CITY may, upon
reasonable notice, cause an audit to be performed
by city personnel or by an independent party at
CONTRACTOR'S local Fort Lauderdale, Florida office)
designated by CITY of that portion of CONTRACTOR'S
books and records relating to its performance under
this agreement. The cost of an annual audit
pursuant to this provision shall be reimbursable
costs under Section 13.3 performance evaluation and
monitoring hereof. No original notes or work
• papers can be removed from this inspection
location.
8 e 3 BILLING:
(a) CONTRACTOR shall supply VENDOR with CITY
approved bags for resale to single-family
residential customers. CONTRACTOR shall be
responsible for billing to and collection from
VENDOR. CONTRACTOR'S telephone number shall be
included on all notices to VENDORS and bills for
services.
(b) CITY shall provide CONTRACTOR with a list of
all VENDORS including name, address, store
identification and telephone number.
(c) NON --PAYMENT by CUSTOMERS: CONTRACTOR may
temporarily discontinue a customer's service for
non-payment if•a customer's account, bill or other
charge is not paid within thirty (30) calendar days
after the date rendered, the CONTRACTOR will mail a
notice to the customer and property owner. The
notice will inform the customer that if payment is
not received within forty -Five (45) days from the
original rendering date, service shall be
discontinued and the premises of such delinquent
19
I
customer shall be disconnected from thee
CONTRACTOR'S collection system.
(d) Any customer contesting his bill is entitled
and has a right to a hearing before an employee of
the CONTRACTOR with authority to waive or modify
charges imposed by the CONTRACTOR in the event of
overcharging or charging for services not rendered.
The CONTRACTOR or his designated representative is
authorized to meet with any customer contesting the
bill and waive or modify charges imposed by the
CONTRACTOR in the event of overcharging or charging
for services not rendered.
(a) If any bill is not paid within forty-five (45)
calendar days from the original due date of
payment, the service shall be discontinued, and the
premises of such delinquent customer shall be
disconnected from the system of the CONTRACTOR
immediately upon the expiration of forty -Five (45)
days.
(f) Service shall be restored upon payment of
account by customer. CONTRACTOR may charge a
service fee of $15.00 when service is being
restored after being disconnected for non-payment.
CONTRACTOR may charge a monthly late fee, not to
exceed one percent (1%) of any past due balances in
excess of thirty (30) days. CONTRACTOR shall
notify CITY of the discontinuation of a customer's
service, if such service is not restored within ten
(10) days.
(g) All moneys owed the CONTRACTOR for service
shall be deemed liens on the property, which liens
may be filed in the official records of the county,
and foreclosed by the CONTRACTOR in the same manner
provided in the Mechanics' Lien Law of the state
(F.S. section 713.01 et seq.).
(h) After termination of service pursuant to this
division, such service shall not be resumed to the
same premises until the customer or the property
owner reimburses the CONTRACTOR for all service
charges, together with any and all special expenses
(such as for special trips, inspections, additional
clerical expenses, attorney fees, etc.) incurred by
the CONTRACTOR on account of the customer's
violation of the contract for service.
NTENTIONALLY LEFT BLANA
We
C
(i) CUSTOM RR 99P9,SITS: Obtaining customer
deposits by CONTRACTOR is an option to be exercised
only in the event that quarterly bill has not been
paid by the end of the forty-five (45) days from
the original rendering date.
CONTRACTOR may require a deposit not to exceed the
quarterly fee for service. All deposit schedules
shall be uniformly applied. If a customer's
service has been discontinued for non-payment twice
in a twelve (12) month period, CONTRACTOR may
require an additional deposit equal to fifty
percent (50%) of the regular deposit. Customer
deposit shall be returned or applied to the final
bill when the account is closed and service is
discontinued. Customer deposits shall be held in
escrow by CONTRACTOR, and any deposit not refunded
to customer shall be transferred to the CITY on a
quarterly basis.
(j) CITY will cooperate with CONTRACTOR to notify
all single-family residential customers of the
requirement to contact CONTRACTOR and place any
necessary deposits at CONTRACTOR'S place of
business.
is 8.4 BILLING SCHEDULE:
(a) Where the billing is done by CONTRACTOR,
billing may be made quarterly in advance, and CITY
shall receive its franchise fee quarterly within
ten (10) days after the end of each quarter.
CONTRACTOR shall provide CITY with its payment of
the franchise fee, a listing of all accounts for
which no collections were received after sixty (60)
days, a listing of all collections and listing of
all accounts that are in arrears over sixty (60)
days. CONTRACTOR shall provide CITY with said
information on an annual basis from single-family
customers.
CONTRACTOR within sixty (60) days after
commencement by a contract shall provide CITY with:
(1) A list of all accounts by name and
address;
(2) The total amount billed to each account-
(b) The CITY shall provide CONTRACTOR with a
listing of all customers presently being
serviced. Thereafter, the CITY will provide
44
I
monthly updates including additions, deletions .
and changes of customers.
8.5 VACATION CREDIT: CONTRACTOR shall provide a one
month vacation credit to any unit that is vacant
for one month or longer. Customer shall notify
CONTRACTOR in advance of vacation schedule to
receive vacation credit.
8.6 ANNUAL T2MGMREPORT: During the first year,
CONTRACTOR shall provide to CITY, two tonnage
reports and thereafter one tonnage report once a
year. A tonnage report shall consist of the
completion of a total route within CITY without
commingling trash/garbage with any other route
(other than CITY'S) and provide CITY with an
accurate tonnage weight analysis report.
ARTICLE 9
Compensation
9.1 CO ENSA - SINGLE RE I I 8 VIC :
Contractor shall be paid the following sums for all
services that it provides within the CITY.
(a) .s$ per month, per single family unit, and
2.20 per bag for additional garbage exceeding
2 containers placed at curbside pick up.
(b) Side Door Service: CONTRACTOR shall provide
side door service for sections of Tamarac that
request such service. CONTRACTOR shall direct
bill `the section association quarterly in
advance at a rate of $2.30 (two dollars and
thirty cents) per unit per month.
Compensation is also subject to increases or decreases in
Article 3.5 and Article 8.1.
i
Units Guarantees
10.1 gu?_ TEES: Those units which currently are to
receive service are contained within the designated
single-family residential areas, single-family designated
areas as defined in Article 1.24 and Article 1.25.
ARTICLE 1
Contractor's Local Office
Ii.I OFFICEIMMAGING AGENT: Throughout the term of this
Agreement, CONTRACTOR shall establish or maintain a local
22
I
office or authorized managing agent within Broward
• County. CITY and CONTRACTOR designates the agent as
specified in Article 17.17 as the agent upon whom all
notice may be served. Service upon CONTRACTOR'S agent
shall always constitute service upon CONTRACTOR.
11.2 HOURS: CONTRACTOR'S local office shall be open
during collection hours so that customers can lodge
complaints, requests for information, and requests for
service. At a minimum, CONTRACTOR shall be available
during the hours of 8:o0 a.m. to 5:00 p.m., local time,
Monday through Friday.
11.3 STAFFING: CONTRACTOR'S local office shall have a
responsible person in charge during collection hours on
collection days, shall be equipped with sufficient
telephones, a local telephone number, and sufficient
attendants to receive telephone calls. Attendants shall
receive calls in a courteous and polite manner, recorded
all complaints, and -resolve all legitimate complaints as
outlined in Article 12.3 in an expeditious manner by the
end of the next business day.
&ETICLE 1
Contractor's Relation to City
12.1 IMEpEN E CON RACTOR: The relationship of
CONTRACTOR to the CITY shall be that of an
independent CONTRACTOR, and non principal -agent or
employer -employee relationship between the parties
is created by this agreement. By entering into
this agreement with CITY, CONTRACTOR acknowledges
that is will, in the performance of its duties
under this agreement, be acting as an independent
CONTRACTOR and that no officer, agent or employee
of CONTRACTOR will be for any purpose an employee
of the City of Tamarac and that no officer, agent
or employee of CONTRACTOR is entitled to any of the
benefits and privileges of a city employee or
officer under any provision of the statutes of the
state of Florida or ordinances of the City of
Tamarac.
12.2 CUSTOMER COMP_LAI.TT5 : CONTRACTOR shall perform
every reasonable act to provide a service of high
quality and keep the number of legitimate
complaints to a minimum. In order that CITY may be
fully informed of the quality of the service,
CONTRACTOR shall arrange the handling of complaints
in substantially the following manner; all
legitimate complaints, whether received in person,
by mail or by telephone, shall be reported in
W
CONTRACTOR'S log approved by contract Administrator
and furnished by CONTRACTOR. A copy of the log is .
available to CITY upon request. Complaints
received before 12:00 noon shall be served before
5:00 p.m. that day. Complaints received after
12:00 noon shall be served before 12:00 noon on the
following calendar day. CONTRACTOR shall be
available at CITY'S request to CITY action taken on
complaints. Legitimacy of challenged complaints
may, at the option of CITY, be determined on the
basis of a joint inspection by a representative of
CITY and a representative of CONTRACTOR.
12.3 DISCRIMINATION 'PROHIBITVD AF I T VE CTI :
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,.e
handicap or marital status. CONTRACTOR'S employes
or applicants for employment (as provided in Title
VI of the 1964 Civil Rights Act, the Florida Human
Rights Act of 1977, and the American Disabilities
Act of 1992), understand and agree that this
agreement is conditioned upon the veracity of this
Statement of Assurance. CONTRACTOR herein assures
CITY that said CONTRACTOR will comply with Title VI
of the Civil Rights Act of .1964 when federal grants
are involved. Other applicable Federal and State
laws, Executive Orders, and regulations prohibiting
discrimination as hereinabove referenced are
included by this reference thereto. This Statement
of Assurance shall be interpreted to include
Vietnam -Era Veterans and Disabled Veterans within
its protective range of applicability. CONTRACTOR
must be an Equal Opportunity Employer and have an
affirmative action plan and not discriminate on the
basis of handicapped status.
12.4 LABOR FORCE:
(a) CONTRACTOR shall assign a qualified person or
persons to be in charge of its operations in CITY
and shall give the name or names to CITY;
information regarding experience shall also be
furnished.
(b) CITY has right to require CONTRACTOR'S
collection employees to wear clean uniforms or
shirts bearing the company's name.
•
24
(c) Each Driver shall at all time, carry a valid
operator's license for the type of vehicle they are
driving.
(d) CONTRACTOR shall provide operating and safety
training for all personnel.
12.5 F;QUIPMENT: CONTRACTOR, at its sole cost and
expense, shall furnish and maintain all equipment
as is considered necessary to perform the work in
an acceptable manner and at a satisfactory rate of
progress. Equipment shall include all items
specified in Exhibit "E", Equipment Inventory Form
(as amended from time to time). The equipment
shall be maintained in a first-class, safe and
efficient working condition through the term of the
agreement and any renewal period. CONTRACTOR shall
establish 'a regular preventative maintenance
program for all equipment and shall maintain
records of preventative maintenance and other
maintenance repairs to the equipment. .CONTRACTOR
shall be responsible for initiating, maintaining
and supervising all maintenance programs, safety
precautions and programs, in connection with the
work and services performed hereunder. CONTRACTOR
shall establish reasonable procedures and programs
to prevent property loss or damage and/or personal
injury to persons, including, but not limited to,
employees performing such work and all other
persons who may be affected hereby.
CONTRACTOR shall comply with all Federal, State,
and Local rules and regulations when conducting
operations pursuant to this agreement. CONTRACTOR
shall maintain files and records of all citations
and violations of any laws, statutes, ordinances,
or regulations in the ownership, title,
maintenance, or operation of the equipment and such
files and records shall be available upon
reasonable notice for review by CITY.
12.6 VEHICULAR IDENT PICATION: 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 f ive ( 5 ) inches in
height. CONTRACTOR shall also assign to each of
nits vehicle an identifying number and shall mark
the same upon said vehicles in figures not less
than five (5) inches in height.
25
12.7 HE&IdTH MD MITATIOV-: CONTRACTOR shall establish
and enforce in its operations and among its
employees such regulations in regard to cleanliness
in the collection of solid waste as will tend to
prevent the inception and spread of diseases and to
effectively prevent the creation of a nuisance on
any property either public or private. CONTRACTOR
shall maintain as its sole cost and expense copies
of all permits and licenses required for its
collection of residential sold was services either
from the City, County, State or Federal Government.
ARTICLE 13
Performance Evaluation and Monitoring
13.1 RIGHT TO INSPECTION: CITY hereby reserves the
right to inspect and evaluate CONTRACTOR'S
operations relating to its performance hereunder
either on a continuing or random inspection basis.
The Performance Evaluation Plan may be revised
after negotiation and mutual agreement between CITY
and CONTRACTOR at any time during the period of the
Agreement. CITY, through an independent third
party Contractor of its own selection, shall
evaluate technical performance, including
reliability and schedule performance, and program
management.
13.2 CHIS F Contractor shall pay a one-time
contract fee of $25,000.00 to the City of Tamarac
at the time of contract extension and final
execution of agreement. There shall also be a
similar one-time fee for any five year renewal
term.
13.3 FUTURE PERFORMANCE AND EVALUATION OF MONITORING
COSTS_: CONTRACTOR shall annually reimburse CITY
for all costs that are incurred in monitoring and
evaluating CONTRACTOR'S performance under this
Agreement. Such costs shall be submitted to
CONTRACTOR in writing within thirty (30) days after
the completion of December 31st. Such costs shall
be certified as to the completeness and accuracy by
the City Manager and shall be deemed accurate
unless CONTRACTOR notifies CITY in writing of its
disagreement with any such cost within thirty (30)
days after receipt thereof. Reimbursement by
CONTRACTOR to CITY pursuant to this provision shall
be paid on or before forty-five (45) days after
receipt of such costs from CITY and such
reimbursement shall not exceed an aggregate amount •
of $15,000.00 one time during contract.
.
13.4 NON-COMPLIANCE BY THIS CONTRACTOR: In the event
CONTRACTOR shall fail to perform any of the
material provisions of this Agreement, CITY shall
provide CONTRACTOR with written notice of non-
compliance, stating all reasonable facts relating
thereto. If the practice, event or condition is
not reformed, corrected or otherwise made to comply
with the terms of this Agreement within a period of
time which is reasonable in relation to the nature
of the practice, event or condition of non-
compliance, but in no event more than ten (10) days
from the date of the receipt of notice of violation
unless the non-compliance cannot be cured within
ten (10) days, then within a reasonable time using
best efforts and CONTRACTOR shall notify CITY of
those efforts, the same shall constitute an Act of
Non -Compliance. For each Act of Non -Compliance,
CONTRACTOR shall pay CITY the sum of up to Five
Hundred Dollars ($500.00) per day for each day that
such Act of Non -Compliance shall continue beyond
the period of time established to cure the Act of
Non -Compliance. This remedy is hereby expressly
made cumulative of other remedies available to CITY
at law or in equity for breach of this Agreement.
13.5 CXTX RESER RIGHTS:
(a) Subject to the procedures in Article 14, CITY
reserves the right to terminate the Agreement at
any time whenever the service provided by
CONTRACTOR fails to meet reasonable standards of
the trade, after CITY gives written notice to
CONTRACTOR of the deficiencies as set forth in the
written notice within fourteen (14) days of the
receipt by CONTRACTOR of such notice from CITY.
Upon termination, CITY may call the Surety and
apply the proceeds to the cost of service charge to
CITY for the balance of the Agreement.
(b) In the event of a strike by the employee or
any other similar labor dispute which makes
performance of this Agreement by CONTRACTOR
substantially impossible, CONTRACTOR agrees that
CITY shall have,the right to call the Surety Bond
and temporarily engage another firm to provide
necessary service.
13.6 PERFORMANCE BOND: CONTRACTOR shall furnish to CITY
a Performance Bond, Letter of Credit or cash bond
guaranteeing the faithful performance of this
Agreement. The security shall be in a form
acceptable to the City Attorney and said security
27
shall be provided for the term of this Agreement
and in an amount equal to Two Hundred and Fifty
Thousand ($250,000.00) Dollars. CONTRACTOR shall
provide such security or securities to cover the
full term of this agreement without lapse. Lapse
of security shall be deemed a material breach. The
initial security shall be furnished to CITY by
CONTRACTOR within ten (10) days of the date of
execution of this Agreement or any renewal thereof.
Without limiting any other indemnity provisions
herein, such security shall indemnify CITY against
any loss, expense, cost or damage resulting from
any default by CONTRACTOR hereafter or any failure
of performance by CONTRACTOR. The City Attorney is
hereby delegated the authority to approve the form
of the security. The Finance Director has
authority to approve the financial capabilities of
the Surety to perform. Upon completion of this
Agreement in compliance with all terms and
conditions hereof, CONTRACTOR shall be entitled to
the return of any Cash Bond on Deposit with CITY
within ten (10) business days.
13.7 LIABILITIES FOR DVLAXS OR NON-CONFO CE:
Due to Unusual Circumstances: 0
(a) it is expressly agreed that in no event shall
CITY be liable or responsible to CONTRACTOR or to
any other person on account of any stoppage or
delay in the work herein provided for, by
injunction or other legal proceedings brought
against CITY or CONTRACTOR, or on account of any
delay for any cause for which CITY has no control.
(b) CONTRACTOR shall not be responsible for delays
or non-performance of the terms and provisions of
this agreement where such delays or non --performance
are caused by events or circumstances over which
CONTRACTOR has no control, including riots, civil
disturbances, or acts of God; provided, however,
that in the event of any such non-performance or
delay resulting from events or circumstances beyond
the control of'CONTRACTOR, CONTRACTOR shall not be
entitled to compensation for such period of time as
a delay or non-performance shall continue.
ARTICLE 14
Default of Agreement
14.1 DEFAULT OF CONTRACT: If, in the opinion of the
City Manager, there has been a default of the
Agreement, City Manager shall notify CONTRACTOR in
28
I
writing, specifying that which has been a default
of Agreement. If, within a period of fourteen (14)
calendar days, CONTRACTOR has not eliminated the
conditions considered to be a default to this
Agreement. City Attorney shall notify City Council
and CONTRACTOR, and a hearing shall be set for a
date within fifteen (15) days of such notice. On
that day City Council shall hear CONTRACTOR and
CITY'S representatives and shall make a
determination as to whether or not it has been a
breach and shall direct what further action shall
be taken by CITY, as hereinafter provided. Pending
Resolution of the alleged breach, CONTRACTOR shall
be governed by the provisions of Section 14.2.
14.2 DEFAULT: Default by CONTRACTOR shall occur if
CONTRACTOR fails to observe or perform a material
portion of its duties under the Agreement. CITY
may terminate CONTRACTOR'S performance of services
under this Agreement in the event of default by
CONTRACTOR and the failure by CONTRACTOR to cure
such default after receiving notice hereof. Should
default occur, CITY may deliver a written notice to
CONTRACTOR describing such default and the proposed
. date of termination. Such date may not be earlier
than the thirtieth (30) day following receipt of
the notice. CITY, as its sole option, may extend
the proposed date of termination to a later date.
If, prior to the proposed date of termination,
CONTRACTOR cures such default then the proposed
termination shall be ineffective. If CONTRACTOR
fails to cure such default prior to the proposed
date of termination, then CITY may terminate
CONTRACTOR'S performance under this Agreement as of
such date.
14.3 POQT-TERMINATION SERVICES: Upon the effective date
of termination as contained in the above notice
referenced in 14.2 of this Agreement, CONTRACTOR
shall, unless the notice directs otherwise,
immediately discontinue all service in connection
with this Agreement and shall proceed to cancel
promptly all existing orders chargeable to this
Agreement. Within ten (10) days of receipt of
notice of termination, CONTRACTOR shall submit to
CITY monthly reports and revenues required under
this Agreement to the day of termination.
14.4 REMEDIES: In addition to, or in lieu of, the
termination procedure set above in Section 14.2 of
• this Agreement, CITY may take any or all of the
ram]
I
following actions in the events of a default by ID
CONTRACTOR:
(a) If CITY determines, and notifies CONTRACTOR,
that such default poses an immediate threat to the
health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such
default within twenty four (24) hours after
receiving such -notice. CITY shall have the right
to perform or cause to be performed all or part of
the work necessary to cure such default. In the
event that City performs such work, or causes it to
be performed, CONTRACTOR shall bear the cost of
such work, and if necessary, shall reimburse CITY
for the cost thereof. CITY shall have the right to
deduct any such compensation. due to CITY from any
sum otherwise due and owing to CONTRACTOR.
(b) CITY may make or file a claim under the
Performance Bond, Letter of Credit, or Cash Bond
for any damages, expenses or liabilities that CITY
has incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article
13.4 non-compliance by CONTRACTOR in this
Agreement. .
ARTICLE 15
Indemnification
NDEMN IC TION: CONTRACTOR hereby assumes risk of loss and/or
injury to property and/or persons arising directly or indirectly
from the performance of any of its obligations under this Agreement
and further agrees to indemnify and hold harmless CITY, its
officer, agents, and employees from and against any and all claims,
liabilities, demands, suits, costs or expenses, including, but not
limited to, expenses of litigation and attorney's fees arising from
any such claims, loss or injury. Without limiting the foregoing,
the indemnity provided herein shall specifically include any claim
against CITY arising out of CONTRACTOR'S performance of this
Agreement arising out of any Environmental Law (as herein defined).
This indemnification shall continue beyond the term of this
Agreement for claims arising as a result of this Agreement. CITY
shall notify CONTRACTOR of such claims, liabilities, demands and
suits no later than sixty (60) days after CITY'S receipt of a
claim.
ARTICLB 16
Insurance
16.1 GENERAL: CONTRACTOR shall not commence work under .
this Agreement until it has obtained all the
97E
insurance required under this Agreement, and such
insurance has been approved by the CITY.
CONTRACTOR shall be responsible for delivering to
CITY the Certificate of Insurance for approval.
CONTRACTOR shall name the City of Tamarac as an
additional named insured on the Certificate of
Insurance. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as
Exhibit "C". All insurance policies shall be
issued by companies duly licensed to write business
insurance policies in the State of Florida and
rated -A- or better by A.M. Sest's Key Rating
Guide. Further, CITY shall be named as an
additional named insured on all insurance policies
(except Workers' Compensation). Certificates of
each policy, together with a statement by the
issuing company to the extent that said policy
shall not be canceled without thirty (30) days
prior written notice received by CITY, and shall be
delivered to CITY for review and approval.
Insurance coverage specified herein constitutes
that minimum requirements and said requirements
shall in no way lessen or limit the liability of
CONTRACTOR under the terms of this Agreement.
CONTRACTOR shall procure and maintain, at its own
• cost and expense, any additional kinds and amounts
of insurance that, in its own judgment, may be
necessary for proper protection in the completion
of its work.
16.2 WORKS SI COMPENSATION I SURANCE: CONTRACTOR shall
maintain, during the term of this Agreement and any
renewals, Workers' Compensation Insurance on all of
its employees to be engaged in work under this
Agreement, and shall require the same from any
subcontractors used. In the event that any class
of employees engaged in hazardous work pursuant to
this Agreement is not protected under the Workers'
Compensation Statute, CONTRACTOR shall provide
adequate employer's liability insurance for the
protection of employees not so protected.
16.3 20MMEBCIAL (COMPREHENSIVE) GENERAL LIABILITX
INSURANCE: CONTRACTOR shall procure and shall
maintain during ,the term of this CONTRACT and any
renewals Public Liability and Property Damage
Insurance in an amount not less than 1,000,000.00
combined single limit coverage for bodily injury,
death and property damage (except automobile).
Coverage A shall include premises, operations,
products and completed operations, independent
31
contractors, contractual liability covering this 40
agreement or contract, and broad form property
damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of
Commercial General Liability must be provided.
16.4 AUTOMOBILE INSDRANCE: CONTRACTOR shall procure and
maintain, during the term of this Agreement and
renewals, Comprehensive Automobile Liability
Insurance in an amount not less than $1,000,000
combined single limit coverage for bodily injury,
death, and property damage (automobile).
16.5 EMCESS RELLA LIAR LX ITX: CONTRACTOR shall procure
and maintain during the term of this Agreement and
any renewals, Excess Umbrella Liability Insurance
in an amount not less than $1, 000, 000 coverage in
excess of Automobile and Bodily Injury/Property
Damage coverage's.
16.6 SCOPE OF INBIIRANUE: The insurance required under
the above paragraphs shall provide adequate
protection for CONTRACTOR against damage claims
which may arise from operations under this
Agreement, whether such operations be by the
insured or by anyone directly or indirectly
employed by the insured. CITY shall be named an
additional named insured on all of CONTRACTOR'S
insurance policies provided for herein. it is the
intent of the parties that the CONTRACTOR'S
insurance policies shall be primary to any
insurance carried by the CITY.
16.7 LOCAL AGENT FOR IMMURANCE BONDING: The
insurance and bonding companies with whom
CONTRACTOR'S insurance and performance bonds are
written shall be licensed to do business in the
State of Florida and shall be represented by an
agent or agents, having an office located in the
State of Florida. Each such agent shall be duly
qualified, upon whom service of process may be had,
and must have authority and power to act on behalf
of the insurance and/or bonding company to
negotiate and settle with CITY, or any other
claimant, or any property owner who has been
damages, may have against CONTRACTOR, insurance, .
and/or bonding company. The name of the agent or
32
agents shall be set forth on all such bonds and
certificates of insurance. CONTRACTOR shall keep
the required insurance in full force and effect at
all times during the term of this CONTRACT, and any
renewals thereof.
CONTRACTOR shall, furnish to CITY a Certificate of
Insurance on a form furnished and approved by CITY,
evidencing CONTRACTOR has obtained the required
insurance coverage. At the request of CITY the
original policy shall be provided for inspection.
All policies must prove that they may not be
changed or canceled by the insurer in less than
thirty (30) days after CITY has received written
notice of such change or cancellation. Such
insurance amounts may be reviewed upward at CITY'S
request, and CONTRACTOR shall revise such amounts
with thirty (30) days after receipt of such
request. CONTRACTOR'S insurance certificates shall
be updated and posted annually with the CITY.
ARTICLE 17
Miscellaneous Provisions
• 17.1 D E: This agreement shall be considered
consummated in Broward County, Florida. All actions
brought hereunder shall be brought exclusively in
Broward County, Florida.
17.2 TIME IS Or THE ESSENCE: Time shall be deemed to be
of the essence concerning this agreement whenever
time limits are imposed herein for the performance
of any obligations by any of the Parties hereto, or
whenever the accrual of any rights to either of the
Parties hereto depends on the passage of time.
17.3 BIGHT TO REQUIRE PERFORMANCE: The failure of CITY,
at any time, to require performance by CONTRACTOR
of any provisions herein shall in no way affect the
rights of CITY thereafter to enforce the same. Nor
shall waiver by CITY of any breach of any
provisions herein be taken or held to be a waiver
of any succeeding breach of such provisions or as a
waiver of any provisions itself.
17.4 FORCE MAJEURE: Neither CONTRACTOR nor CITY shall be
liable for the failure to perform its duties if
such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other
similar or different contingency beyond the
• reasonable control of CONTRACTOR.
W
17.5 PRIOR CONTRACTS: This agreement supersedes and ek
replaces all terms related to single-family and
family residential service in the agreement between
the City of Tamarac and All Service Refuse Co.
Inc., dated May 20, 1993, and effective
immediately, which agreement of May 20, 1993, upon
the effective date of this agreement shall be null
and void and of no further force and effect.
17.6 APPROVAL BY CITE[ COOCIL: This agreement shall not
be considered fully executed or binding or
effective on CITY until the same shall be approved
and accepted by the City Council of the City of
Tamarac in an open meeting as required by law and
executed by the CONTRACTOR and CITY. After such
approval and acceptance, CITY shall deliver to
CONTRACTOR a certified copy of the Ordinance as
evidence of the authority of the person authorized
to bind CITY to the terms, covenants and provisions
of this agreement and to perform the same in
accordance herewith.
17.7 COMPLIANC-4--E H LAWS: CONTRACTOR, its officers,
agents, employees, and contractors, shall abide by
and comply with all laws, federal, state, and.
local. It is agreed and understood that, if CITY
calls the attention of CONTRACTOR to any such 0
violations on the part of CONTRACTOR, its officers,
agents, employees, or subcontractors, then
CONTRACTOR shall immediately desist from and
correct such violation.
17.8 RIGHT TO PERIODIC REVIEWS: CITY shall have the
right to conduct periodic public meetings, to
review and consider the performance of CONTRACTOR
regarding its compliance with the material terms of
the franchise, any amendments desired by
CONTRACTOR, the need for any future new services,
and potential amendments to the franchise
reflecting service requirements changes based on
advancements in technology or demonstrated
community needs. An agent of CONTRACTOR shall be
available to attend all public meetings upon
reasonable notice by CITY for concerns associated
with the Agreement.
17.9 CHANGES IN LAW: Should the State of Florida, City,
County, United States or Federal agency, or any
State or Federal Court, or any agency thereof
require either Broward County, City of Tamarac, or
CONTRACTOR to act in a manner which, affects or is
inconsistent with any provisions of this Agreement,
34
•
•
•
CITY shall be authorized to determine whether a
material provision is affected in relations to the
rights and benefits conferred by the Agreement.
Upon such determinations, CITY and CONTRACTOR shall
negotiate in good faith to modify or amend the
franchise to such extent that as may be necessary
to carry out the full intent and purposes thereof
in relation to the rights and benefits of CITY, or
the public.
17.10 ACCOUNTING STANDARDS: CONTRACTOR shall provide the
CITY with a quarterly notarized statement from an
authorized representative of the CONTRACTOR,
certifying the accuracy of the quarterly franchise
fee payment. CONTRACTOR shall provide the CITY
with annual recap of gross receipts and a summary
of all franchise fee payments paid within the
preceding twelve (12) months (See Exhibit G).
17.11 IMSFER ABILITY OF CONTRACT: No assignment of this
agreement or any right accruing under this
agreement shall be made in whole or in part by the
CONTRACTOR without the express written consent of
CITY; such concern of CITY shall not be
unreasonably withheld. In the event of any
assignment, the assignee shall assume the liability
Of CONTRACTOR.
17.12 EFFECTM DATE: This agreement shall be effective
upon the execution of this agreement and
performance of this agreement shall being on the
commencement date set forth herein.
17.13 LICENSES .A TAXES: CONTRACTOR shall obtain all
licenses and permits (other than the license and
permit granted by CONTRACTOR) and promptly pay all
taxes required by CITY.
17.14 PARAGRAPH GS: The paragraph headings
contained herein are for convenience and reference
and are not intended to define or limit the scope
of any provision of this agreement.
17.15 ENTXBE CONTRACT: This agreement constitutes the
entire agreement and understanding between the
parties relating to the subject matter, and it
shall not be modified, altered, changed, or amended
in any respect unless done so in writing and
approved by the City Council of the City of
Tamarac, Florida.
35
17.16 RII CY: This agreement shall terminate in the
case of bankruptcy (voluntary or involuntary) or
insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on
the day and the time that the bankruptcy action is
filed.
17.17 NOT Notice required or permitted to be
delivered hereunder shall be in writing and shall
be deemed to be delivered, whether or not actually
received, when deposited in the United States Mail,
postage prepaid, certified mail, return receipt
requested, addressed to the respective party at the
address set forth below:
CITY:
City Manager
Designated Agent for the
City of Tamarac
7525 Northwest Bath Avenue
Tamarac, FL 33321-2401
(305) 724-1130
CONTRACTOR:
Harold Carter
Designated Agent for
All Service Refuse Co
825 NW 31 Avenue
Ft. Lauderdale, FL 33311
(305) 583-1830
With a copy to: With a CO27 to:
City Attorney Mr. Harris W. Hudson
City of Tamarac c/o Hudson Management Corp.
7525 Northwest Bath Avenue 200 E. Las Olas Blvd.
Tamarac, FL 33321 Suite 1420
(305) 724-1240 t. auderd3le, FL 33301
CONTRACTOR may change the address and/or agent upon
written notice as above.
17.18 WORCEM : The legal fees and other expenses of
the prevailing party to any litigation or dispute
arising out of this agreement will be paid by the
other party.
17.19 ADDMUM M A T C E B S: The provisions of
the foregoing Articles 1 through 17, together with
the following Exhibits A through H, are intended by
the undersigned parties to and shall constitute a
binding agreement between them. All Exhibits A, B,
C, D, E, F, G and H, Appendix I and Appendix II are
incorporated herewith and fully set forth.
17.20 SWERABILIZY AND UNENFORCEABLE PROVISIONS'* If any
part, section, sub -section, or other portion of
this agreement is declared void, unconstitutional,
or invalid for any reason, such part, section, sub-
section, or other portion, or the prescribed
•
36
•
application thereof, shall be severable and the
remaining provisions of this agreement, and all
applications, thereof not having been declared
void, unconstitutional, or invalid shall remaining
full force and affect, CITY and CONTRACTOR declare
the no invalid or prescribed provision or
application was an inducement to the execution of
this agreement, and that they would have executed
this agreement, regardless of the invalid or
prescribed provision or application.
17.21 QOOP PAZ=: CITY and CONTRACTOR agree to continue
to work together in good faith and to coordinate
their efforts to maintain and improve the level and
quality of residential collection service.
17.22 MUTUAL CONSENT: Both parties to this Agreement have
had full opportunity to review and draft this
Agreement. Further, both parties have had full
opportunity to review this Agreement with their
respective legal counsel. Both parties have had an
opportunity to participate in the finalization of
this Agreement and all provisions have been agreed
to by mutual consent.
17.23 -WAIVER OF POWERS MM REgULAT19ES: This
agreement shall not be taken or.held to imply the
relinquishment or waiver by CITY of its power to
make other reasonable requirements or regulations
pertaining to the subject matter hereof, and CITY
hereby expressly reserves the right to make all
regulations which may be necessary or proper to
secure the safety, welfare and accommodation of the
public, including but not limited to, the right to
adopt and enforce regulations to protect and
promote the health and general welfare if the
public from danger and inconvenience in the
management and operation of garbage, and Solid
Waste services detailed herein. Nothing herein
contained shall constitute a waiver of any of the
requirements of the rules and regulations adopted
by CITY, including the right to make such changes
and amendments to said rules and regulations as
said CITY may deem to be advisable and necessary to
protect the public health and general welfare of
its inhabitants.
(INTENTIONALLY LEFT BLANK)
37
I
e e t Between City of Tamarac and ice RofUll
Compan2, Inc. for urnizhing Single-FamilY solid waste
ggllection Sorvices
This Agreement shall be effective this day of ,
1994, which shall be the Commencement Date hereof.
Date:
ATTEST:
BY: Date:
Carol A. Evans
City Clerk
STATE OF FLORIDA
THE CITY OF TAC, FL
B yr w
Norm n Ab mowi
Y
By:
Robert S. kbe, Jr.
City Manager
Approved as to form:r��
Hy:
Mitchell S. Kraft
City Attorney
COUNTY OF j690 A-RD
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in thQ��Coun�t�y4�afp aforesaid R r
take acknowledgments, personally appeared XC9= .5NOE nq- c cry' pf+WA660;�
to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that
executed the same.
L.
WITNESS my hand and official seal this -1/ day of
1994.
�'LLL. Cthi-� NQTARY PUBLIC STATE OF FLORIO
` MY COMMISSION EXP. NOV. 641994
(Name of Notary Public: •80NOEO THRU GENERAL INS. UNO. .
Print, Stamp, or Type as
commissioned) I'�--rPICIA
(✓) Personally known to me, or
( ) Produced identification
Type of I.D. Produced
( ) DID take an oath, or (,/) DID NOT take an oath.
38
agreement Between City of -Tamarac and All Service Ref -Use
CoMgany, Inc. for Furnij=nq single -Family Solid Waste
Collection services
ATTEST:
By.
Co/Pzoate Secretary
(Corporate Seal)
STATE Of FLORIDA
COUNTY OF
CORPORATION:
By: �'
oe, c. -President
Contractor '
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the county afo said to
take acknowledgments, personally appeared
to me known to be the person(s) described in and who executed the
foregoing instrument and _ acknowledged before me that `&-
executed the same.
1.
WITNESS my hand and official seal this /9 day of
1994.
�. � JQArRrE T. WMTT
MYOMAM cw O a =4
( me of Notary Public: MV21.i94II 11
Print, Stamp, or Type as
commissioned) -Jpa nm e- -r
( personally known to me, or,
( ) Produced -identification
Type of I.D. Produced
( ) DID take an oath, or (,.-I DID NOT take an oath.
fAdwu==%w01%92-3554V nmwa3Asr
•
39
No Text