HomeMy WebLinkAboutCity of Tamarac Resolution R-99-248Temp. Reso. #8729
Page 1
September 9, 1999
Rev.#1, September 16, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99 - ag
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING ALL SERVICE
REFUSE COMPANY, INC. TO INCREASE THE SINGLE
FAMILY SOLID WASTE COLLECTION RATE FROM $14.60
TO $14.74 PER MONTH AND THE COST OF CITY LOGO
BAGS FROM $1.14 TO $1.15 PER BAG, EFFECTIVE
OCTOBER 1, 1999; PROVIDING FOR AN AUTOMATIC RATE
ADJUSTMENT BASED ON THE CUSTOMER PRICE INDEX
AND BROWARD COUNTY TIPPING FEE; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has a contract with All Service Refuse Company,
Inc. for collection and disposal of solid waste from single family residences within the City
of Tamarac; and
WHEREAS, Article 3.5 and Article 8.1 of the contract between the City of Tamarac
and All Service Refuse Company, Inc., a copy of said contract being hereto attached as
Exhibit 1, for single family solid waste collection provide for an automatic rate increase
based upon increases in the Consumer Price Index and Broward County disposal fee; and
WHEREAS, the Consumer Price Index all urban consumers for the Miami area and
as reported by the Bureau of Labor Statistic has increased by 0.69%, for the twelve month
period considered, calculation of such increase attached hereto as Exhibit 2; and
WHEREAS, Broward County has increased the disposal fee from $80.67 to $80.91
per ton, effective October 1, 1999, notice of said increase attached hereto as Exhibit 3; and
Temp. Reso. #8729
Page 2
September 9, 1999
Rev.#1, September 16, 1999
WHEREAS, based upon the increases of the Consumer Price Index and Broward
County disposal fee, All Service Refuse Company, Inc. has requested an increase from
$14.60 to $14.74 per month for single family solid waste collection and an increase from
$1.14 to $1.15 per City logo bag, notice and calculation of said increases attached hereto
as Exhibit 4; and
WHEREAS, the Director of Public Works and Assistant Director of Public Works
recommend approval of rate increases as requested by All Service Refuse Company, Inc.;
and
WHEREAS, the City Commission deems it to be in the best interests of the citizens
and residents of the City of Tamarac to approve the rate increases for single family solid
waste collection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution.
SECTION 2: The rate increase requested by All Service Refuse Company for
providing single family solid waste service which increases the monthly rate from $14.60
to $14.74 is HEREBY approved, effective October 1, 1999.
SECTION 3: The cost increase requested by All Service Refuse Company for City
logo bags which increases the per bag charge from $1.14 to $1.15 is HEREBY approved,
effective October 1, 1999.
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Temp. Reso. #8729
Page 3
September 9, 1999
Rev.#1, September 16, 1999
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6: This Resolution shall become effective immediately upon its passage
and adoption.
9
PASSED, ADOPTED AND APPROVED thiso'� &y of , 1999.
ATTEST:
_Z
CAROL LD, CMC/AAE
CITY CLERK
I REBY CERTIFY that I
pp oved this
RE OLLITION as taArmf'
MITCH L S. KR
CITY ATTORNEY
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST a: V/M MISHKIN
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROI-RM
UAadm correspondence\agendas\8729RES-99 Solid Waste monthly fee Increase
0-(75-�
. Addendum to October 4, 1994 Agreement
Betwe n e City Qf Tamarag
Md
All Servicg Refuse Company. Inc,
For Furnishin ingle Family
S lid W ste Collection Services
This Addendum to the Agreement between the City of Tamarac (hereinafter "CITY")
and All Service Refuse Company, Inc. (hereinafter "CONTRACTOR") is made and entered
into this z4 day of Wlde4ll 1995.
WI T N E S S E T H
WHEREAS, the CITY and CONTRACTOR entered into an Agreement dated
October 4, 1994, relating to the furnishing of single family solid waste collection services
in the City of Tamarac; and
WHEREAS, the Agreement between All Service and the City provides for a
• Consumer Price Index (CPI) adjustment to be effective on January 1 of each year; and
WHEREAS, the Agreement also provides for a tipping fee to pass through to the
consumer when the per ton cost of disposal changes; and
WHEREAS, due to the Interlocal Agreement between the City and the County for
use of the Resource Recovery System, the disposal cost increases on October 1 of each
year; and
WHEREAS, residents of the City receive a bill from All Service four (4) times a year
with every other bill having a rate increase; and
WHEREAS, All Service Refuse has expressed a strong desire to have a long term
mutually rewarding relationship with the City; and
WHEREAS, raising the rate to the customer every other billing cycle is not an
effective way for All Service to accomplish its goal; and
WHEREAS, All Service has requested an amendment to the Agreement that would
have the effect of the customer having a rate increase only once each year on October 1.
• May 5, 1995
1
NOW, THEREFORE, in addition to the obligations set forth in the Agreement of
October 4, 1994, between CITY and CONTRACTOR, the parties agree as follows: 0
1. Article 3, Fees and Revenues, §3.5 Consumer Price Index (CPI) Adjustment
is amended to read as follows:
A it g 3_ Fees and Revenues
§3.5 Qgns!amer Price Index (CPI) Adjustment
If this agreement is not terminated as provided herein, on Januafy +
October 1 of each subsequent year hereof, the rate shall be adjusted
by the same percentage increase or decrease, if any in the Miami
Urban Consumer Price Index (CPI) for the twelve (12) month period
ending the previous September June 30. The um r Price
Index AAdjustmpn , not to exceed four percent (4%). of the,.rate to be
gffegtive_ January 1. 1995 shall be postponed and shall become
effective on October 1 1995. In addifio-n-to the foregoing d'u
aCoosumer Price Index Adjustment of fhg rate for the 9 month
period from October 1. 1994 through June 30, 1995. not to.
exceed
° become effective on October 1.
41°_for .this adjustment, shall also b„ ._
1995, On each subsequent Octobgr.1 of this agreement. the rate •
all be gdiugted by thp, samer ingnease or decrea�p, if
any, in the Miami Urban C, gnsumer Price Index (CPI) for the twelve
(12,month period-ending_the previous June 30. Eggept_for the
(2) adjustments set forth hereinabove. to ,tako_ place on Qctober 1.
1995, no CPI adjustment in the rate shall exceed four percent (4%) for
any one (1) year, except that in the event of an extraordinary increase
in the CPI in such twelve (12) month period, CONTRACTOR shall
have the right, between ^....embe_ 1 $eptember 1
and September 30 subsequent to the twelve (12) month period, to
petition CITY by filing a petition with the Contract Administrator for an
adjustment in the rate above the four percent (4%) maximum level.
The CONTRACTOR'S petition shall contain financial information
which shall substantiate the requested adjustment. The Contract
Administrator shall within thirty (30) days of receipt of the petition
recommend to the City Eouneif (commission that the petition be
approved, denied or approved with modifications. Approval, denial or
approval with modifications shall be within the sole discretion of the
City Gounci+ Commission and shall be final and binding.
2. The October 4, 1994 Agreement between CITY and CONTRACTOR and all •
May 5, 1995 2
M subsequent amendments and addendums thereto not subject to this or other duly executed
amendments and addendums remain in full force and effect. Failure to specifically
delineate any prior terms or conditions in this addendum does not operate to relieve CITY
or CONTRACTOR of any obligations pursuant to the Agreement or waive any rights
contained therein.
•
3. Effective date of this Agreement shall be date of execution by the last party
to execute.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Addendum to Agreement on the respective dates under each signature, the City of
Tamarac signing through its City Manager and its City Commission signing by and through
its Mayor, Norman Abramowitz, and All Service Refuse signing by and through Harold
Carter, duly authorized to execute same.
ATTEST:
Carol Evans, City Clerk
Date: 2 9 f 5�
CITY OF TAMAiiA
APPROVED AT MEETING OF
May 5, 1995 3
CITY OF TAMARAC
By:
Norman Abramowitz, Mayor
Date:. /11g y�
Robert S. Noe, Jr., City Manager
Date: S
roved as to form and legal
su ci nc
Mitchell S. Kraft, City Attorney
ATTEST:., CONTRACTOR:
Corporate Secretary j; a President
Peter W. Wright
Type name of Corporate Secretary Date: ' /j
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY
Before me personally appeared Harold Carter , to me well known and known
to me to be the person described in and who executed the foregoing instrument, and
acknowledged to and before me that he/she executed said instrument for the purposes
therein expressed.
WITNESS my hand and official seal, this 29 day of June , 1995. •
otary Public, State of
Florida At Large
Joanne T. Elliott
Print or Type Name of Notary
My Commission Expires:
Personally known x
Produced Identification
Did/Did Not take an oath. x
JOANNE T. ELUOTT
MY COMMISSIDN ! M 36M4
E70'IRES: May 21,19M
90ndld rm NNNY Pwft Ilndrwwh n1
•
May 5, 1995 4
1
Temp. Ord. # 16 9 7
Revised 9/19194
CITY OF TAMARAC, FLORIDA
ORDINANCE NO..94- /3
A ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
FRANCHISE AGREEMENT BETWEEN THE CITY OF
TAMARAC AND ALL SERVILE REFUSE COMPANY, INC.
FOR RESIDENTIAL SINGLE-FAMILY WASTE
COLLECTION; SETTING FORTH TERMS AND
CONDITIONS OF SAID FRANCHISE; PROVIDING FOR
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR
AN EFFECTIVE DATE. —
EXHIBIT "1"
TEMP RESO
• WHEREAS, the City of Tamarac is authorized to enter into franchise
agreements with garbage and trash collectors; and
WHEREAS, Article 4 of the May 11, 1993 Agreement between the City
of Tamarac and All Service Refuse Company, Inc. for residential single-
family waste collection provides that this Agreement may be renewable
for five (5) year periods by the City; and
WHEREAS, the City has exercised its option to renew the terms of
the Agreement; and
Ak
WHEREAS, the City Manager has negotiated agreement terms and
conditions with the contractor; and
WHEREAS, the Assistant City Manager and City Manager recommend
approval of the Agreement; and
is
2
Temp. Ord. # I f 9 7
Revised 9/19/94
WHEREAS, the City Commission wishes to grant a' franchise
Agreement to All Service Refuse, Inc. for residential single-family waste
collection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified
and confirmed as being true and correct and are hereby made a specific
part of this Ordinance.
SECTION?a That the appropriate city officials are hereby authorized
to execute the Agreement between the City of Tamarac and All Service
Refuse Company, Inc. for residential single-family waste collection
attached hereto and made a part of hereof as Exhibit "A".
SECTION 3: All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed to the extent of such conflict.
SECTIONA: If any provision of this Ordinance or the application
thereof to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this Ordinance that can be
given affect without the invalid provision or application, and to this end
the provisions of this Ordinance are declared to be severable.
• This Resolution shall become effective immediately upon
its passage and adoption.
C]
I
I
• 3
Temp. Ord. # 16 9 7
Revised 9/19/94
APPROVED ON 1 ST READING this day of 1994.
tV
APPROVED ON 2ND READING this'�`g day of,' 1994.
ro
NORMAN ABRAMOWITZ
MAYOR
ATTEST:
CAROL A.EVANS
CITY CLERK
• 1 HEREBY CERTIFY that I
have approved this
RESOLUTION as to form.
MITCHELL S. KRA MAYOR
CITY ATTORNEY' DIST. 1:
DIST. 2:
DiST. 3:
DIST. 4:
RECORD OF COUNCIL VOTE
ABRAMOWT Z
V 1 M KATZ
C / M MISHKIN
C / M SCHREIBER
C / W MACHEK
AGREEMENT
BETWEEN
WPERRAV-i �
ALL SERVICE REFUSE COMPANY INC.
0xl
FURNISHING SINGLE-FMSOLID WASTE COLLECTION TCZS-
ThisThis is an Agreement dated the day of ''`, 1994
between THE CITY OF TAMARAC, a political subdivision of Browari
County, Florida, its successors and assigns, (hereinafter.referrei
to as !'CITY"), through its City Council, and ALL SERVICE REFUS'
COMPANY, INC., its successors and assigns, (hereinafter referred t
as "CONTRACTOR").
W I T N E S S E T K
In consideration of the mutual terms and conditions
promises, covenants and payments hereinafter set forth, CITY an
CONTRACTOR hereby agree as follows:
ARTICLE 1
Definitions
1.1 AJOHAZARDOUS WAST : Shall have the meaning se
forth in Section 403.703 Florida Statutes, a
amended from time to time.
1.2 BAGS: Plastic bags sold pursuant to this Agreemen
designed to store refuse with sufficient wal
strength to maintain. physical integrity when lifte
by the top and as approved by both the CONTRACTC
and the CITY.
Generic Tye e: Industry standard 33 gallon garbac
bags that are manufactured and sold fC
residential use by the average consumer.
Logo Tyne: Bags shall be imprinted "City c
Tamarac" and shall display the City logo with.tt
following copyright information: "(01990 City c
Tamarac". Bags will be 30 gallon bags, thicknes
of not less than 1.7 mills, total weight of a be
shall not exceed 40 pounds. CONTRACTOR sha:
provide CITY with several sample bags for testir
prior to the distribution of the -bags.
1
1.3 BTU WASTE:_ Stoves, refrigerators, water tanks,
washing machines, furniture and other waste
material other than construction debris, weights or0
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 C 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 CONTAINER: Shall include any garbage can, generic
bag, bundle or Logo bag that shall not exceed 40
pounds in weight. Cardboard boxes are not
acceptable containers. 0
1.8 COVIRACT AD = TOR: Shall be City Manager
and/or his designee.
1.9 CUSTOMER: Shall include any single-family or
residential service unit and the owner thereof
within the corporate limits of the City of Tamarac..
1.10 CURBSIDE: The designated physical location for the
placement of refuse accumulations intended for
residential service collection and disposal. This
designated location shall be within two (2) feet or
as near as possible to the traveled street normally
serviced by refuse collection vehicles. Curbside
service shall not apply to condominiums or other
multi -family buildings that use garbage dumpsters.
loll DEAD MIMALS: Dead animals shall mean any four
legged, two legged fur, fin, feather livestock,
household pet or otherwise.
1.12 DISPOSAL SITE: A site or facility legally
empowered to accept solid waste for treatment or
disposal as approved by the city of Tamarac
2
Broward County, and the State of Florida governing
agencies.
1.13
GARS: All waste and accumulation of animal,
fruit or vegetable matter that attends, or results
handling,. cooking,
from the preparation, use,
or storage of meats, fish, fowl, fruit,
serving
and/or vegetables or any matter of any nature
whatsoever which is subject to decay and the
generation of noxious or offensive gases or odors,
or which, during or after decay, may serve as
breeding or feeding material for flies or other
_
germ -carrying insects; and any bottles, cans or
containers, utilized in normal household use, which
may retain water and serve as breeding places for
mosquitoes and other insects.
1.14
GARBAGE CAN: A metal or plastic container that has
a closed bottom, handles for lifting and a lid.
1.15
GARDEN AND LAWN TRASH: All accumulations of grass,
leaves shrubbery, vines, tree branches and
with the
trimmings which are normally associated
care and maintenance of landscaping.
1.16
GROSS RECEIPTS: -Shall include all revenues
received by CONTRACTOR pursuant to this Agreement
compensation pursuant
which shall include monthly
to Article 9.1(a) and all special services.
(except for side door service).
1.17 IJAZARDOUS WASTE: Any byproducts generated by
industry, commercial activity or even individual
households that are potentially dangerous to humar
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 Kumar
tissue) an contact; Reactivity - they react
violently with water and may catch fire or explode;
Toxicity - they may cause illness or other healt2
problems if handled incorrectly.
1.18 HOUSEHQLD„ TRASIL. All accumulations of paper
magazines, packaging, containers, sweepings and al:
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 securit-
approved by the city and furnished by
CONTRACTOR as a guarantee that the CONTRACTOR wil
execute the work in accordance with the terms of
the agreement and will pay lawful claims.
1.20 P ODUCER: An occupant of a residential unit wl-�
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 grrUgE REgULATIgNSL 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 R SI ENCE: A detached single-family structure
designed or intended for occupancy by one (1)
person or by one (1) family deemed a "residence".
1.25 REgIDENTIAL 5 VICE (SIjIr3LE All refuse
curbside collections service provided to houses,
duplexes, triplexes, and residential dwelling units
defined on the Broward County tax rolls as single-
family within the service area. •
1.26 RUJIMEL 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 sE VICE AREA: City limits of City of Tamarac.
4
•
1.29 SPECIAL SERVICE:_ Any collection or disposal
service provided which exceeds the uniform level of
service provided under residential service systems,
per the agreement, and for which a special service
charge is applied.
1.30 SPECIAL WASTE: All waste which by the nature of
its size, weight or chemical content requires
special handling in either its collection or
disposal. This includes but is not limited to tree
trimmings and branches exceeding the size or weight
defined in Garden and Lawn Trash, or Yard Trash,
hazardous materials, appliances, bulky household
items, large furniture items,
nstruction
materials, abandoned vehicles or vehicle parts
including tires, body parts, dead animals,
flammable, explosives, radioactive materials oY
liquid waste, or any items that may not be lawfully
disposed of at the disposal utilized by the
CONTRACTOR.
1.31 ,SUMET_Y:_ Shall mean the party who is bonded witt
and for the CONTRACTOR to insure the payment of al:
lawful debts pertaining to and for the acceptabl(
performances of the agreement.
1.32 U 3:T: Shall mean the place of residence of
customer.
1.33 VENDOR: Any major CITY/CONTRACTOR approved retai
establishment that CONTRACTOR distributes bags.
1.34 WHITE GOODS AND FURNITURE: Discarde
refrigerators, ranges, washers, water heaters an
other similar domestic appliances.
1.35 YARP TRASH - REGULAR: All vegetative matter
resulting from yard and landscaping maintenance an
shall include materials such as tree and shru
trimmings, grass clippings, palm fronds or smal
tree branches which shall not exceed four (4) fee
in length and four (4) inches in diameter and nc
over 40 pounds in weight. Such trash shall be tie
in bundles with twine or placed in City approve
container and. placed curbside- for regula
collection.
ARTICLE 2
Grant of Franchise
In consideration of the CONTRACTOR'S performance hereunder ai
icompliance with the covenants and conditions set forth herein, a,
5
W
r
tithe ordinances and regulations of the CITY governing the
collection of residential solid waste, the CITY hereby grants to
the_.CONTR.ACTOR 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
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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
consideration paid pursuant to this Agreement shall
not be added on as a separate item on the
resident's garbage collection bills, but rather
shall be considered as an operations expense.
3.2 FUTUREREVENUE: In the event CONTRACTOF
establishes any other methods of collection anc
disposal of solid waste, CITY shall establish, at
that time, a percentage of gross receipts from suck
collection method to be. included in the calculation
of the amounts due.
3.3 DELINOUENCY P OVIS ON: In the event CONTRACTO]
fails to make the payment for this franchise on of
before the date due as hereinabove provided
CONTRACTOR shall pay an interest charge for eacl
day, or a fraction thereof, that payment is late
An Interest Factor shall be based on the prime rat
for the Chase Manhattan Bank, N.A. plus one per
cen
(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 interes
rate referred to in this section will comply wit
all applicable state laws.
7
IN
3.4 TT PXNG 'FEE _ CRE}RXT-;, One component in the
computation of single-family residential collectio.1
fees under this Agreement between CONTRACTOR and*
CITY is disposal fees (tipping fees). Pursuant to
the Agreement, CITY and CONTRACTOR shall negotiate
an adjustment to the fee schedule in Article 9 if
new technology is utilized by CONTRACTOR that
provides verifiable cost savings in excess of the
cost of such technology that benefit CUSTOMER and
CONTRACTOR. The tipping fee credit shall be
computed using the information supplied by
CONTRACTOR as required in Article 8.
3.5 C_QNSUMERPRICE INpEZ (Cpl)A JUST NT: If this
agreement is not terminated as provided herein, on
January 1 of each subsequent year hereof,
the rate
shall be adjusted by the same percentage increase
or decrease, if any in the Miami Urban Consumer
Price index (CPI) for the twelve (12) month period
ending the previous September 30. Notwithstanding
the foregoing sentence, no CPI adjustment in the
rate shall exceed four percent (4%) for any one (1)
year, except that in the event of an extraordinary
increase in the CPI in such twelve (12) month
period, CONTRACTOR shall have the right, between
December 1 and December 31 subsequent to the twelve
(12) month period, to petition CITY by filing4b
petition with the Contract Administrator for a
adjustment in the rate above the four t petition percentshall
maximum level. The CONTRACTOR'S P
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 d, 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 eshall
remit to CITY bn 'a quarterly basis:- (by
nd of
the first month following each quarter-)- an avoided
cost of disposal based on the recycling tonnage
over twenty (20) pounds per unit per month
calculated as follows:
Monthly overage of pounds per unit of
recyclables minus (-) 20 pounds times (0
8
I
number of units times (x) 3 months divided (T)
by two thousand (2000) pounds times (x) the
tipping fee equals (=) the quarterly avoidance
fee. The following example is for
illustrative purposes only:
(26-20) x 13,836 x 3 - 2000 x $75.87 =
$9;447.64
ARTICLE 4
Term
4.1 CONTRACT TERMS: The term of this Agreement begar
ent
on June . 1, 1993 and is extended by
this which shall expire December 31., 1999.
4.Z npTION ( XT NSTON) CITY and CONTRACTOR shall have
the option to extend the term of this Agreement 01
a month -to -month basis on thirty (30) days writtei
notice.
4.3 gjMMAL TERM.e This Agreement may be renewable fo:
five (5) year periods by CITY. The decision t,
renew this Agreement for an additional term shal
be made by the CITY no later than the end CITY tt
current term. Notice shall be provided by
CONTRACTOR pursuant to Article 17.17. CITY shal
not have any obligation to exercise any additiona
term.
TICLE 5
Scope of Services
5.1 GEN L STATEMENT CONTRACTOR'S OBL GATIONS
CONTRACTOR hereby agrees to collect all solid wast
generated by residential customers within except tc
corporate limits of the CITY,
specifically excluded in this Agreement.
5.2
FREQUENCY Op W T CO C : Residentit
Service shall be provided regular refuse collectic
service at least two (2) times per week under the
Agreement. All units are required to receive suc
service.
i HOLIpAY SCHEDULE: Pickups shall not
reduced by holidays, other than Christmas Da'
CONTRACTOR shall be required to pick up refuse
all holidays other than Christmas Day. if a Pic
up day falls on Christmas Day, CONTRACTOR shall
required to collect garbage the next regul
collection day. Residents will have the option
9
U
I
place an unlimited quantity of garbage curbside on
their next regularly scheduled pickup day after 0
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.
(c) QUANTITY: CONTRACTOR shall be required to pick
up garbage and.rubbish as follows: A resident may
place two (2) cans or two (2) generic bags or two
(2) bundles or any combination of cans, bags or
bundles not to exceed two (2) in number on any pick
up day. If garbage is in excess of two (2)
containers or bundles (on any pick up day) the
additional garbage shall be placed in city Logo
bags for collection.
(c)(1) CONTRACTOR shall provide service
Monday through Saturday, except during
specified holidays, Christmas Day.
(c)(2) CONTRACTOR shall only made waste
collections on a Sunday during times of.
emergency conditions.
(c) (3) was e - bulky and heavy item
shall be placed at the appropriate refuse
location as specified in Section 5.4 of this
Agreement.
(c)(4) Cardboard - 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
(c) Total weight of each can, bag, or bundle shal-1
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.
3.4 HOURS OF COLLECTION: Collection shall begin nc
earlier than 7:00 a.m. and shall cease no latex
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 latex
evidenced by a written memorandum confirming the
approval.
5.5 poipoin of PICKUP: All persons receiving residentia:
service pursuant to this Agreement shall place,
approved containers and other items curbside a:
defined in Article 1.10 for collection. Approvec
containers shall be secured from disturbance b,
animals and placed as closely to the roadwa,
without interfering with or endangering thl
movement of vehicles or pedestrians. Whet
construction work is being performed in the right
of -way, approved containers shall be placed a:
close as possible to an access point for th
collection vehicles.
5.6 UMICAPPED SERVICE: Where there is no perso
physically capable of moving the approved containe
to the curb or alley for curb or alley service
CONTRACTOR shall provide back -or -side servic
within one hundred and twenty (120) feet fro
roadway. There shall be no additional charge fo
back -or -side door service for residences wher
there is no person physically capable of moving th
approved container to the curb or alley for curb c
alley service. Residents shall be required t
write a letter and provide proof of medics
disability to the City Manager of the City c
Tamarac establishing such disability of househol
members.
11
5.7 SPECIAL SERVICES 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 BIILK WASTE COLLECTIOO: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 TRAS4: 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) MUNICIPA SERVICE:
12
(1) CONTRACTOR shall provide CITY with
containers and service at the following
locations at not cost to CITY:
MUNICIPBL LOCA ONS 'FEE OF CIMGE
INIMUM 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
roll --off
6001 Nob Hill Road
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 b
specified by the City Manager.
(2) CONTRACTOR shall provide such service t
reasonable frequency to be determined by
the Cit
Manager. CITY shall have the right to us
mechanical containers, commercial type cans
containers or bags with the size and weight limit
prescribed herein. CONTRACTOR shall supply th
CITY dumoredpsters at no events charge incl ding butn trlimited ytoCtt
sponsored
4th of July celebration.
5.13 I PA CON E E C : All container
provided by CONTRACTOR for CITY shall i
maintained ined5than
annually.
CONTRACTOR
m
no
not be entitled toa fee for this aintenanc
service.
5.14 MUNICIPAL REgULAXION OF COL N CO
R8 '
CX. LOCATIONS ONL : CONTRACTOR shall provide Cl'
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. Al
roll off containers shall be covered to prevent the
scattering of the containers contents while in
transit. All such containers shall be cleaned and
maintained on a regular basis by CONTRACTOR so as
to be in good repair. All containers shall be
clearly marked with the CONTRACTOR'S name and
telephone number in letters not less than two (2)
inches in height. CONTRACTOR shall replace any
damaged container within forty --eight (48) hours if
notified by CITY.
5.15 CONTRACTOR shall work with CITY to resolve any
unforeseen problems that may arise during the term
of the agreement. This includes, but not limited
to, providing extra crews and equipment in times of
emergency, provided dumpsters in times of
emergency, and assisting in the collection and
disposal of any unusual amounts of garbage and
trash accumulated by the various departments of the
CITY, under terms and conditions pursuant to
Article 6.3 of this agreement.
5.16 CLUBHOUSES:- Clubhouses shall be defined as a
common area facility service any homeown
association available to all parcel owners an
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 gOUTEg or COL E TION: 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 QUALITY FLQCTQ TTIIONS: 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 S ORM DISASTE : In the event of storm or othex
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 supplies
on an "as needed" basis.
1) Boom Truck - International chassi:
with an Iowa Mold Toolin,
(IMT) 64235 crane and
one yard clam bucket o
equivalent.
15
6.4
2) Rear Loader Truck - Mack chassis truck with a
thirty one (31) yar
Leach 2RII Packmaste
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)
Rear Loader Truck
(with driver plus 2 helpers)
Roll Off Truck
(with driver/operator)
$ 85.00/per hour
$110.00/per hour
$100.00/per hour
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 ext
employees to clean city of debris and refu
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.
RACTOR
MISCEhLMEOUS: Employees of CONT shall
be required to expose themselves to the danger
being bitten by dogs WA.other animals in order
not
of
to
accomplish refuse collection where the owner or
tenants have such animals at large. CONTRACTOR
shall immediately notify CITY in. writing of su
16
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0
condition and of its inability to make collection
because of such condition.
Disposal of solid Waste
CONTRACTOR shall deliver single-family residential solid waste
collection pursuant to this agreement to the approved Browarc
County Recovery facilities or to any transfer station which mad
hereafter be utilized in the future by CITY'S and approved b)
Broward County (such site hereafter call the DISPOSAL SITE),
CONTRACTOR shall not be reimbursed by CITY for costs and expense:
actually paid by CONTRACTOR to Broward County for the use 01
disposal site for disposal of residential solid waste collecte(
pursuant to this Agreement except when approved in writing. Al:
b
alternative disposal sites must be approved in writing y C
prior to use by CONTRACTOR. All laws, rules and regulation:
governing hours of operation and disposal practices at disposa
sites shall be strictly observed by CONTRACTOR. The parties hereb-
agree that all services provided by CONTRACTOR pursuant to thi
agreement shall be carried out in a confident and business-lik
manner and in compliance with the standards and specifications se
forth in the attached Exhibit "D" (Performance Standards)
CONTRACTOR shall not engage any subcontractor without written prio
approval by CITY. 0
Any revision or establishment of new performance shall b
approved by City Council and upon such approval, shall become
part of this agreement as though fully set forth herein. Th
allocation of any and all costs which may be hereafter incurred b
CONTRACTOR in conforming with any changes in the performanc
standards, shall be negotiated by CONTRACTOR and CITY in goc
faith.
!INTENTIONAL L FT BLANK)_
17
ARTICLE 8
Rates, Records, Billing
8.1 E5: 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 a proved by City Council and
become effective on the a festive date of the
disposal cost increase or decrease.
$.18 cents per $1.00 tipping fee
increase per month per unit.
Not to exceed $.02 cents per $1.00 tipping fee
increase per 30 gallon City logo bag.
(a) In addition to the rate adjustments described
above, CONTRACTOR may petition CITY any time after
the first anniversary date of this Agreement for a
rate adjustment. CITY reserves the right to
require additional information as backup for any
rate increase proposal including an audit of
applicable records by CITY'S Finance Department or
agent thereof. CONTRACTOR recognizes that all rate
increases must be approved by Resolution of the
City Council and shall be considered on a timely
basis by CITY. CONTRACTOR shall not increase any
rats 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
1
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.
S.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 CUSTO 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
•
customer shall be disconnected from the
CONTRACTOR'S collection system.
(d) Any customer contesting his bill is entitled
and has a right to a hearing before an employee of
the CONTRACTOR with authority to waive or modify
charges imposed by the CONTRACTOR in the event of
overcharging or charging for services not rendered.
The CONTRACTOR or his designated representative is
authorized to meet with any customer contesting the
bill and waive or modify charges imposed by the
CONTRACTOR in the event of overcharging or charging
for services not rendered.
(e) If any bill is not paid within forty-five (45)
calendar days from the original due date of
payment, the service shall be discontinued, and the
premises of such delinquent customer shall be
disconnected from the system of the CONTRACTOR
immediately upon the expiration of forty --five (45)
days.
(f) Service shall be restored upon payment of
account by customer. CONTRACTOR may charge a
service fee of $15.00 when service is being
restored after being disconnected for non --payment.
CONTRACTOR may charge a monthly late fee, not to
exceed one percent (1%) of any past due balances in
excess of thirty (30) days. CONTRACTOR shall
notify CITY of the discontinuation of a customer's
service, if such service is not restored within ten
(10) days.
(g) All moneys owed the CONTRACTOR for service
shall be deemed liens on the property, which liens
may be filed in the official records of the county,
and foreclosed by the CONTRACTOR in the same manner
provided in the Mechanics' Lien Law of the state
(F.S. section 713.01 et seq.).
(h) After termination of service pursuant to thi=
division, such service shall not be resumed to the
same premises until the customer or the propert}
owner reimburses the CONTRACTOR for all service
charges, together with any and all 'special expenses
(such as for special traps, inspections, additions]
clerical expenses, attorney fees, etc.) incurred b)
the CONTRACTOR on account of the customer':
violation of the contract for service.
JINTENTIONALLYLErT BL
20
(i) CUSTOMER obtaining customer
deposits by CONTRACTOR is an option to be exercised
only in the event that quarterly bill has not been
paid by the end of the forty-five (45) days from
the original rendering date.
CONTRACTOR may require a deposit not to exceed the
quarterly fee for service. All deposit schedules
shall be uniformly applied. If a customer's
service has been discontinued for non-payment twice
in a twelve (12) month period, CONTRACTOR may
require an additional deposit equal to fifty
percent (50%) of the regular deposit. Customer
deposit shall be returned or applied to the final
bill when the account is closed and service is
discontinued. Customer deposits shall be held in
escrow by CONTRACTOR, and any deposit not refunded
to customer shall be transferred to the CITY on a
quarterly basis.
(j) CITY will cooperate with CONTRACTOR to notify
all single-family residential customers of the
requirement to contact CONTRACTOR and place any
necessary deposits at CONTRACTOR'S place of
business.
8.4 pILLING 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 beinc
serviced. Thereafter, the CITY will provide
21
monthly updates including additions, deletion:
and changes of customers.
8.5 VAQTJON CREDIT: CONTRACTOR shall provide a oni
month vacation credit to any unit that is vacant
for one month or longer. Customer shall notif,
CONTRACTOR in advance of vacation schedule ti
receive vacation credit.
8.6 UMM TOMUE R o : During the first Year
CONTRACTOR shall provide to CITY, two tonnage
reports and thereafter one tonnage report once
year. A tonnage report shall consist of the
completion of a total route within CITY withou•
commingling trash/garbage with any other route
(other than CITY'.S) and provide CITY with a:
accurate tonnage weight analysis report.
ARTICLIM—A
Compensation
9.1 - glUr
3L F R 8 VI :
Contractor shall be paid the following sums for al
services that it provides within the CITY.
(a) 211,88 per month, per single family unit, an
jA per bag for additional garbage exceedin
2 containers placed at curbside pick up.
(b) Side Door service: CONTRACTOR shall provid
side door service for sections of Tamarac tha
request such service. CONTRACTOR shall direc
bill the section association quarterly i
advance at a rate of $2.30 (two dollars an
thirty cents) per unit per month.
Compensation is also subject to increases or decreases i
Article 3.5 and Article 8.1.
ARTICUL-12
units Guarantees
.10.1 a EEB: Those units which currently are t
receive service ark' contained within the designate
single-family residential areas, single-f amily designate
areas as defined in Article 1.24 and Article 1.25.
1
Contractor's Local Office
11.1 O C AGING A : Throughout the term of the
Agreement, CONTRACTOR shall establish or maintain a loc<
22
L^
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 allie
notice may be served. Service upon CONTRACTOR'S agent
shall always constitilte service upon CONTRACTOR.
11.2 HOIIRS: 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:oo a.m. to 5:00 p.m., local time,
Monday through Friday.
11.3 s F G: 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
and of the next business day.
ARTICLE- 12
Contractor's Relation to City
12.1 INDE EN2ENT C N RACTo : The relationship of
CONTRACTOR to the CITY shall be that of a*
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 I T : 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 i
23
0
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 DISCRIMINATZON PRORIBITEP AF I T VE ACTION:
CONTRACTOR, in the execution, performance, ox
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 employee:
or applicants for employment (as provided in Tit1(
VI of the 1964 Civil Rights Act, the Florida Humaz
Rights Act of 1977, and the American Disabilities
Act of 1992), understand and agree that this
agreement is conditioned upon the veracity of thi:
Statement of Assurance. CONTRACTOR herein assure:
CITY that said CONTRACTOR will comply with Title V'.
of the Civil Rights Act of 1964 when federal grant:
are involved. Other applicable Federal and Stat
laws, Executive Orders, and regulations prohibitin,
discrimination as hereinabove referenced ar
included by this reference thereto. This Statemen
of Assurance shall be interpreted to includ
Vietnam -Era Veterans and Disabled Veterans withi
its protective range of applicability. CONTRACTO
must be an Equal Opportunity Employer and have a
affirmative action plan and not discriminate on th
basis of handicapped status.
12 * 4 FORC :
(a) CONTRACTOR shall assign a qualified person c
persons to be in charge of its operations in CI1
and shall give the name or names to CITE
information regarding experience shall also k
furnished.
(b) CITY has right to require CONTRACTOR'
collection employees to wear clean uniforms <
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 EOUIPMENT: 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 VE CUL 7:pgNTJrLJCAT61O 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 reasonablyidentify
the vehicle, but not less than five (5) inches in
height. CONTRACTOR shall also assign to each of
nits vehicle an identifying number and shall mark
the same upon said vehicles in figures not less
than five (5) inches in height.
4
12.7 8 TZ CONTRACTOR shall establisi
and enforce in its operations and among it:
employees such regulations in regard to cleanlines,
in the collection of solid waste as will tend t
prevent the inception and spread of diseases and t
effectively prevent the creation of a nuisance o
any property either public or private. CONTRACTO:
shall maintain as its sole cost and expense copie
of all permits and licenses required for it
collection of residential sold was services eithe
from the City, County, State or Federal Government
ARTICLE 11
Performance Evaluation and Monitoring
13.1 RIGHT TO INBPECXI N: CITY hereby reserves th
right to inspect and evaluate CONTRACTOR'
operations relating to its performance hereunde
either on a continuing or random inspection basis
The Performance Evaluation Plan may be revise
after negotiation and mutual agreement between CIT
and CONTRACTOR at any time during the period of th
Agreement. CITY, through an independent thin
party Contractor of its own selection, shal
evaluate technical performance, includin
reliability and schedule performance, and progra
management.
13.2 FpANCHISE P Contractor shall pay a one -tin
contract fee of $25,000.00 to the City of Tamara
at the time of contract extension and fina
execution of agreement. There shall also be
similar one-time fee for any five year renews
term.
13.3 FUTURE PERFORMANCE AND EVALUATION OF MONITORII
gOSTS: CONTRACTOR shall annually reimburse C11
for all costs that are incurred in monitoring ar
evaluating CONTRACTOR'S performance under thi
Agreement. Such costs shall be submitted t
CONTRACTOR in writing within thirty (30) days afte
the completion of December 31st. Such costs sha]
be certified as to the completeness and accuracy i
the City Manager and shall be deemed accurat
unless CONTRACTOR notifies CITY in writing of ii
disagreement with any such cost within thirty (3(
days after receipt thereof. Reimbursement 1
CONTRACTOR to CITY pursuant to this provision sha:
be paid on or before forty-five (45) days afti
receipt of such costs from CITY and Sul
reimbursement shall not exceed an aggregate amouj
of $15,000.00 one time during contract.
26
13.4 NOW -COMPLIANCE BY TIJE 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 C Y RESERVE RIG :
(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 P FORMANCE 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 D Ys OR NON -CO O CE:
0 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.
ARTI-CL]l14
Default of Agreement
14.1 DZEAULT OF CONTRACT: If, in the opinion of the
City Manager, there has been a default of the
Agreement, City Manager shall notify CONTRACTOR it
28
1
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 POOT-TEMINAZIOS S VI ES: 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
29
following actions in the events of a default by
CONTRACTOR:
(a) If CITY determines, and notifies CONTRACTOR,
that such default poses an immediate threat to the
health or safety of any person or to any property
interest, and if CONTRACTOR has not cured such
default within twenty four (24) hours after
receiving such notice. CITY shall have the right
to perform or cause to be performed all or part of
the work necessary to cure such default. In the
event that City performs such work, or causes it to
be performed, CONTRACTOR shall bear the cost of
such work, and if necessary, shall reimburse CITY
for the cost thereof. CITY shall have the right to
deduct any such compensation. due to CITY from any
sum otherwise due and owing to CONTRACTOR.
(b) CITY may make or file a claim under the
Performance Bond, Letter of Credit, or Cash Bond
for any damages, expenses or liabilities that CITY
has incurred as a result of CONTRACTOR'S default.
(c) CITY may exercise its rights under Article
13.4 non-compliance by CONTRACTOR in this
Agreement.
AR!ZICLE Is
Indemnification
JXpEMNIZ;[CAJJQN: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 def ined) .
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 (66) days after CITY'S receipt of a
claim.
ELK 16
Insurance
16. 1 GENERAL: CONTRACTOR shall, not commence work under
ID this Agreement until it has obtained all the
30
insurance required under this Agreement, and such
insurance has been approved by the CITY.
CONTRACTOR shall be responsible for delivering to
CITY the Certificate of Insurance for approval.
CONTRACTOR shall name the City of Tamarac as an
additional named insured on the Certificate of
Insurance. CONTRACTOR'S Certificate of Insurance
must be attached and included in this Agreement as
Exhibit "C". All insurance policies shall be
issued by companies duly licensed to write business
insurance policies in the State of Florida and
rated --A- or better by A.M. Best's Key Rating
Guide. Further, CITY shall be named as an
additional named insured on all insurance policies
(except Workers' Compensation). Certificates of
each policy, together with a statement by the
issuing company to the extent that said policy
shall not be canceled without thirty (30) days
prior written notice received by CITY, and shall be
delivered to CITY for review and approval.
Insurance coverage specified herein constitutes
that minimum requirements and said requirements
shall in no way lessen or limit the liability of
CONTRACTOR under the terms of this Agreement.
CONTRACTOR shall procure and maintain, at its own
cost and expense, any additional kinds and amounts
of insurance that, in its own judgment, may be
necessary for proper protection in the completion
of , its work.
2.6.2 WORKERS' COMPENSATION INSMMCF: 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.
16.5 GONNER91AL R A S VE (MIM& LZABZLIXY
CE: 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
1
contractors, contractual liability covering this
agreement or contract, and broad form property
damage coverages.
Coverage B shall include personal injury.
Coverage C, medical payments, is not required.
Occurrence Form: The occurrence form of
Commercial General Liability must be provided.
16.4 AUTOMOBILE -INS NCE: 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 EXCgMS MEELLA LIMILITY: 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.E SCOPI OF I URAN E: 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.
16.7LOCAL AGM FOR I SURANCE 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 .bf the agent or
W
agents shall be set forth on all such bonds and a
certificates of insurance. CONTRACTOR shall keep MW
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.
ARMICLE 1
Miscellaneous Provisions
17.1 �II : This agreement shall be considered
consummated in eroward County, Florida. All actions
brought hereunder shall be brought exclusively in
Hroward County, Florida.
17.2 TIME 12 OF THE ESSENCE: Time shall be deemed to be
of the essence concerning this agreement whenever
time limits are imposed herein for the performance
of any obligations by any of the Parties hereto, or
whenever the accrual of any rights to either of the.
Parties hereto depends on the passage of time.
17.3 BIG= 10 REQUIRE P O C: 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 MAJEVRE: Neither CONTRACTOR nor CITY shall be
liable for the failure to perform its duties if
such failure is caused by a riot, war, governmental
order or regulation, strike, act of God, or other
similar or different contingency beyond the
reasonable control of CONTRACTOR.
33
17.5 PRIOR CONTRACTS: This agreement supersedes and
replaces all terms related to single-family and
family residential service in the agreement between
the City of Tamarac and All Service Refuse CO.
Inc., dated May 20, 1993, and effective
immediately, which agreement of May 20, 1993, upon
the effective date of this agreement shall be null
and void and of no further force and effect.
17.6 &PPBgVAL BY c1ly CODICIL: 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 COMpLTANCE WITH_L : CONTRACTOR, its officers,
agents, employees, and contractors, shall abide by
and comply with all laws, federal, state, and.
local. It is agreed and understood that, if CITY
calls the attention of CONTRACTOR to any such
violations on the part of CONTRACTOR, its officers,
agents, employees, or subcontractors, then
CONTRACTOR shall immediately desist from and.
correct such violation.
17.8 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 C GES 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 Hroward 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 ACCOMING 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 MMSFER ABILITY OF CO : 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. 0
17.12 EFFECTIVE DAZZ: 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 LIgANSE3. &M 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 HEADING$: 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 MIBE„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.
Is
35
17.16 BANKRUPTCY: This agreement shall terminate in the
case of bankruptcy (voluntary or involuntary) or
insolvency of CONTRACTOR. In the case of
bankruptcy, such termination shall take effect on
the day and the time that the bankruptcy action is
filed.
17.17 rES: 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 88th Avenue
Tamarac, FL 33321-2401
(305) 724-1230
C-ONMCTOR-.
Harold Carter
Designated Agent for
All service Refuse Co
825 NW 31 Avenue
Ft, Lauderdale, FL 33311
(305) 583-1830
With_ a cogv_to:_ With a coRy to:
City Attorney Mr. Harris W. Hudson
City of Tamarac c/o Hudson Management Corp.
7525 Northwest 88th Avenue 200 E. Las Olas Blvd.
Tamarac, FL 33321 Suite 1420
(305) 724-1240 Ft. Lauderdale, FL 33301
(305) 761-8333
CONTRACTOR may change the address and/or agent upon
written notice as above.
17.18 ENFORCEMM: 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 = A C : 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 812MBILITY AND MiWORCEADLE PROVISI 8: If any
part, section, sub -section, or other portion of
this agreement is declared void, unconstitutional,
or invalid for any reason, such part, section, sub-
section, or other portion, or the prescribed
W1
UM
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 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.
17.22 MUTMQ 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 - OF ]!MB§ AND R S: 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 BL
37
C7
AgreementWe O
Cam an c. for ulnishincr Sincrlm-Familv SolidWaste
Collection SeryjCP-9-
This Agreement shall be effective this �.,. day of
1994, which shall be the Commencement Date hereof.
THE EtTY OF TAMARAC, FLOR
Date: "�� .Norman Ab
By: w l --; i E-F
ATTEST: Robert S. Nbe, Jr.
City Mana er
BY:
Date:
Carol A. Evans
City Clerk
• Approved as to form:j��
By:
` Mitchell S. Kraft
City Attorney
STATE OF FLORIDA
. COUNTY OF 690L A-RD
I HEREBY CERTIFY that on this day, before me, an officer dul
authorized in the State aforesaid and in the county
RAaMfaoreesaiid}Yot
11.0
take acknowledgments, personally appeared X-C S, ryOc .- C try tk
to me known to be the person(s) described in and who executed t1i
foregoing instrument and acknowledged before me that
226
executed the same.
V
WITNESS my hand and official seal this day of-
1994.
NOTARY PUBLIC STATE OF 1`LORIDA '!
MY COMtISSION EXP. MY. 661994 `.
(Name of Notary Public: •80ME0 THRU GENERAL INS. UND. .
Print, Stamp, or Type as
commissioned
) f'�774�cr� Mt�4-Rcurtro
(✓) 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 TAMarnaand All service Re
o a Inc. fog ur sillcrle-ramily solid Waste
Collection services
ATTEST: % CORPORATION: '
By. By:
Co porate Secretary vice -President
(Corporate Seal)
Of: . �// Sc±ryn a �• ��.s N (�n.�rv*r 1nL'.
contractor
STATE OF FLORIDA
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County afosaid 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 day of AzeJ
1994.
T. MUM
llrr a=n4
( me of Notary Public: oraH:rlan.IM
Print, Stamp, or Type as IMONTWW "fta+'samon
Commissioned) ��•+ H., c T 1/i
( personally known to me, or,:
( ) Produced -identification
Type of I.D. Produced
( ) DID take an oath, or (,.-T DID NOT take an oath.
hW=umau%%,pS 1%91-3334%Wmw0 Ag r
39
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3.
• TABLE OF CONTME
Article 1 - Definitions.........................................1
Article 2 - Grant of Franchise................••.......•••••••••5
Article 3 - Fees/Revenues.......................................6
Article 4 - Term................................................9
Article 5 - Scope of Services.....................».............9
Article 6 - Schedules and Routes...............................14
Article 7 - Disposal of Solid Waste ....
».......................17
Article 8 - Rates, Records, Billing ............................18
Article 9 - Compensation.......................................22
Article 10 - Units Guarantees..................................22
Article 11 - Contractor's Local Office .........................22
Article 12 - Contractor's Relation to City ...........
•••••.»••••23
Article 13 - Performance Evaluation and'Monitoring.............26
Article 14 - Default of Agreement..............................28
Article 15 - Indemnification...................................30
Article 16 - Insurance.........................................30
Article 17 - Miscellaneous Provisions ..............••••.••-....33
E