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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-170Temp. Reso. #8231 Page 1 May 18, 1998 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- 00 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID NO. 98- 19B TO CLARKE WASTE SYSTEMS, INC. FOR CONSTRUCTION OF A RECYCLING TRUCK; AUTHORIZING AN EXPENDITURE IN AN AMOUNT NOT TO EXCEED $100,875; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is required to maintain and replace its recycling truck as stated in Ordinance No. 94-14, attached hereto as Exhibit 1; and WHEREAS, the City of Tamarac existing recycling truck is eight (8) years old and showing mechanical and structural fatigue and needs to be replaced by a more efficient unit; and WHEREAS, the City of Tamarac publicly advertised Bid No. 98-19B for construction of a recycling truck, attached hereto as Exhibit 2; and WHEREAS, on April 15, 1998 three (3) bids were opened and reviewed in order to determine cost and responsiveness to the City's technical specifications; and WHEREAS, Clarke Waste Systems, Inc., submitted the lowest proposal at $100,875, Vantage Equipment Company and Transtat Equipment, Inc., quoted respectively $103,863 and $106,400; and 1 n it 11 E Temp. Reso. #8231 Page 2 May 18, 1998 WHEREAS, funding was appropriated by the City Commission in the General Fund for said purpose; and WHEREAS, the Public Works Director, Purchasing/Contracts Manager, and Public Works Operations Manager recommend that the City utilizes Clarke Waste Systems, Inc., for construction of the recycling truck; 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 award the recycling truck bid to Clarke Waste Systems, Inc. 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 award of Bid #98-19B to Clarke Waste Systems, Inc., in the amount of $100,875 is HEREBY authorized. SECTION 3: That a total expenditure in an amount not to exceed $100,875 is hereby authorized from within the General Fund. SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso. #8231 Page 3 May 18, 1998 SECTION 5: If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are declared to be severable. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this h A r M n• :. I HEREBY CERTIFY that I approved this RESaLUTION as to form. (TCHELWP CITY ATTOR U:\adm correspondence\agenda\8231 RES-Recycling Truck /0 day of 9&4_� 1998. YOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE MAYOR SCHREIBER Z_7__ DIST 1: COMM. McKAYE DIST 2: V/M MIS HKIN DIST 3: COMM. SULTANOF DIST 4:. COMM. ROBERTS Exhibit 1 1 TEMP, SO+ No. Temp. Ord.. # 1 d 9 8 Revised 9/19/94 CITY OF TAMARAC, FLORIDA Ordinance NO. 94- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AWARDING JOINT GROUP CITIES BID NO. 6-20-94-10 TO ALL SERVICE REFUSE AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR RESIDENTIAL RECYCLING COLLECTION; SETTING FORTH TERMS AND CONDITIONS OF SAID FRANCHISE PROVIDING AUTHORITY TO COLLECT $1.00 PER MONTH FROM SINGLE- FAMILY UNITS AND $.82 PER MONTH FROM MULTI -FAMILY UNITS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDINGFOR AN EFFECTIYE DATE, WHEREAS, the City of Tamarac is authorized to enter into franchise agreements with recycling collectors; and WHEREAS, the City of Tamarac, Margate, North Lauderdale, Lauderhill and Coconut Creek advertised for bids for recycling collection from multi- family units and curbside collection from all single-family units within Group Cities; and WHEREAS, on June 20, 1994 the Joint Group Cities Contract Administrator opened Bid No. 6-20-94-10 for the Joint Group Cities Recycling Program; and 0 2 Temp. Ord.. # 16 9 $ Revised 9/19/94 WHEREAS, on August 18, 1994 the Joint Group Cities Administrative Committee awarded Bid No. 6-20-94-10 to All Service Refuse Company, Inc., for the City of Tamarac subject to Commission approval; and WHEREAS, All Service Refuse Company is the lowest, fully responsive and responsible bidder; and WHEREAS, the City of Tamarac has full right and authority to the Joint Recycling Bid submitted, utilized and accepted by CONTRACTOR; and WHEREAS, CITY desires to contract with CONTRACTOR to provide residential curbside and containerized Recycling Collection services as defined herein; and WHEREAS, Chapter 403, Florida Statutes mandates that cities cooperate with counties to reduce the waste stream by thirty percent (30%) by December 31, 1994, and WHEREAS, Broward County has recognized the value of recycling by exempting recyclable materials from the mandatory delivery of all solid waste to the resource recovery facility as contained in the Interlocal Agreement with Broward County for Solid Waste Disposal Service, dated November 25, 1986, and WHEREAS, the City of Tamarac and All Service Refuse Company, Inc. wish to set forth the terms and conditions of the Recycling Agreement. WHEREAS, the City Commission wishes to grant a franchise to All Service Refuse Company, Inc. for residential single-family and multi- family recycling collection. 3 Temp. Ord.. #169$ Revised 9/19/94 WHEREAS, the City of Tamarac will be required to administer, manage, and service grants and purchase additional recycling bins, carts and educational materials; and WHEREAS, the City of Tamarac will be required to maintain and replace its recycling truck; and WHEREAS, the City of Tamarac hereby recognizes a decrease in grant revenues and an increase in operational costs; and WHEREAS, the City of Tamarac will establish recycling rates to maintain operational costs; and WHEREAS, to pay for the costs associated with the administration of the recycling program, the following costs have been recommended by the City Administration: Single-family $1.00 per month Multi -family $ .82 per month WHEREAS, the -Assistant City Manager and City Manager hereby recommend approval; 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. 0 4 Temp. Ord.. #169_8 Revised 9/19/94 ECTION 2: That a franchise is granted to All Service Refuse Company, Inc. subject to the terms and conditions in the attached agreement hereto and made a part hereof as Exhibit "A" for an initial term to expire on December 31, 1997. 5FCTION _3: That authority is given to collect $1.00 per month from single-family units and $.82 per month from multi -family units and for the CONTRACTOR to be paid as designated in Exhibit "A" attached hereto currently at a rate of $.81 per month for single-family units and $.41 per month for multi -family units. SECTION_4^ All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. $ACTION 5: 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. 191 APPROVED ON 1ST READING this /`f day of 1clsiX , 1994. It APPROVED ON 2ND READING this,29 day of Acr: 1994. . i WLE^ • POW C7 5 Temp. Ord.. # 16 9 8 Revised 9/19/94 ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. L_ MITCHELL S. KRA U,,,/ CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DIST. 1: V / M KATZ DIST. 2: C / M MISHKIN DIST. 3: C / M SCHREIBER t� DIST. 4: C / W MACHEK 0 4��8/9`f • m IM Cr Y OF TAMARAC AGREEMENT BETWEEN THE CITY OF TAMARAC AND ALL SERVICE REFUSE COMPANY, INC. FOR FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES SEPTEMBER 1,1994 • AGREEMENT BETWEEN THE CITY OF TAMARAC F.1�111 ALL SERVICE REFUSE COMPANY, INC. � t FURNISHING RESIDENTIAL RECYCLING COLLECTION SERVICES v This is an Agreement dated the '44 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"). WITNESSEIH 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 ADJUSTED TON: Tonnage that is received by the processing center less any adjustment for contamination. 1.2 CM: Shall include the City Council of the City of Tamarac, Florida. 1.3 : Shall be December 19, 1994 at 12:01 a.m. 1.4 : Recyclable Materials other than newspaper, cardboard and incidental kraft paper mixed together in the same container. 1.5 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. 1.8 CONTRACTOR: Shall be All Service Refuse Company, Inc. 1.9 : Shall include any single-family or residential service unit within the corporate limits of the City of Tamarac. 9/t/94 r 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 RECOVERY FACILITY (MRF): 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 PERFORMANCE BOND: 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 PUBLIC AWAIRENESS P • 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 kraft 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 RECYCLING COLLECTION SERVICES: 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 ROLM- A scheduled sequence of streets for pick-up of Recyclable Materials by a recycling vehicle on any given day. 1.20 SCUEE QIE WORK: The work under this Agreement shall consist of the supervision, materials, equipment, labor and all other items necessary to complete said work. 1.21 SERVICE AREA: City limits of City of Tamarac. 9/1/94 2 1.21 SERVICE AREA: City limits of City of Tamarac. 1.22 5 RETY: 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 Famft., A single dwelling unit or a multi -family unit which uses curbside trash collection. (b) MW Eam ilx;. 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 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 CITY. 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. ARTICLES Term 3.1 CONTRACT TERM: 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 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. 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 9/1/94 3 to CONTRACTOR pursuant to Article 19.17. CITY shall not have any obligation to exercise any additional term. ARTICLE 4 Scope of Services 4.1 T N : 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. O1 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,) QUANTITY: 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. (c)(2) CONTRACTOR shall collect recycling materials a minimum of once per week. 4.4 METHOD OE COLLECTTQN- CONTRACTOR shall provide recycling collection to: (A) Multi -Family Units 1. Materials: 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. Route: 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 9/1/94 4 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. Mgtezials 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) Commencemgnt of Service; Prior to commencing services, CONTRACTOR shall provide CITY with a route map or schedule. CITY 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 9/, /9, 5 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 ofthe Agreement. 3. Cgntairtersr 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. 4. Missed Pickups: 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 6.5(a). 4.5 HOURS OF COLLECTION: Collection shall begin no earlier than 7:00 A.M. and shall cease no later than 7:00 P.M. In the case of an emergency, collection may be permitted at other times, provided CONTRACTOR has received prior approval from CITY or authorized representative, to be later evidenced by a written memorandum confirming the approval. There shall be no collection on Sundays. 4.6 PHYSICALLY 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.) 9/1/94 6 4.7 RECYCLING- COLLECTION: 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.$ 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 UCA11ONS_FR.EE OF CHARGE QUANTITY 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 Nob Hill Road And any additional locations may be specified by the City Manager and approved by CONTRACTOR. 4.9 PHONE BOOKS: CONTRACTOR shall add phone books to sort 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. (e) City shall not be responsible to CONTRACTOR for any disposal cost of contaminated Recyclable Materials. 4.11 DELAY CAUSED BY EMERGENCY _CONDITIONS: 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 SERVICE& CONTRACTOR shall perform Recycling Collection Services as provided by this Agreement. The area and 9/1/94 7 number of units serviced shall not be reduced during the term hereof unless said unit is no longer within the boundaries of CITY. ARTICLE-5 Data Gathering 5.1 CONTRACTOR shall provide CITY with a monthly report (as described in Exhibit "A") due by the loth 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. ARTICLE 6 Rates, Records, Billing 6.1 MULTI-F MA ILY:• The price paid to CONTRACTOR shall be $.41 (Forty -One Cents) per multi -family unit per month. 6.2 SMLE FAMILY: The price paid to CONTRACTOR shall be $.81 (Eighty - One Cents) per single family unit per month. 63 CONSUMER PRICE INDEX (CPI_ AD.IUSTMENT: 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. :�_i �I �fi►�CKi�Fi1—aC� ii�h'7�a rl ��`�u i �i►� �� (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. 9/1/94 (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 far 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 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 Facility. 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,,,9, 10 ARTICLE 10 Contractor's Local Office 10.1 OFFjCE/MANAGING 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 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, 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 IINDEEENDEN_T_CONTRACIUR: 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 COMELAINTS: 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 AF EMAT E CT ON: 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 9/1/9, 11 11.4 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. (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. M No person shall be denied employment by CONTRACTOR for reasons of race, creed, sex or religion. 6 e L. t 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 $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. 0 CITY agrees to lease to CONTRACTOR the truck vehicle described in Exhibit "S", 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. 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. 2.Notice: CONTRACTOR agrees to notify CITY representative of any major repairs or issues involving CITY vehicle. ma Vmm" to)-te 5rou1'u a1 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. isCONTRACTOR shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this agreement. 9/, /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 „11E,N-IIFICATION:, 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 �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 INSPE( ON: 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 NON-COMPLIANCE BY THE CONTRACTOR: In the event CONTRACTOR shall fail to perform any of the material provisions of this Agreement, CITY shall provide CONTRACTOR with written notice of non- compliance, stating all reasonable facts relating thereto. If the practice, event or condition is not reformed, corrected or otherwise made to comply with the terms of this Agreement within a period of time which is reasonable in relation to the nature of the practice, event or condition of non-compliance, but in no event more than ten (10) days from the date of the receipt of notice of violation unless the non-compliance cannot be cured within ten (10) days, then within a reasonable time using best efforts and CONTRACTOR shall notify CITY of those efforts., the same shall constitute an Act of Non -Compliance. 12.3 (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. 12.5 LIABILITIES FOR DELAYS OR NON-CONFORMANCE: 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 DEFAULT OF CONJEACT: 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 IZEAUL3:: 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 9/1/94 15 r 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 CONTKACTOR'S performance under this Agreement as of such date. 13.3 POST-URMINATION SERVICES: 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 REME]?IES: 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 CA►NCELLATIM OR ANNULMENJ OF CONTRACT: 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 8. 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 INDEMNIFICATIONCLAIMS AGA-INST CITY BY CONTRACTOR: 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. F.11 I'll d (of ;Q 1S•� �sFiLNEHA 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 COMPENSATM Sii AR NCE: 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 0 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. 9/1/9, 17 15.3 C_OMMER( „,AL (COMPREHENSIVE, LIABIL111 INSY„1.RANCE: 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 S1,000,000 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 AUTOMOBILE 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). 15S EXCESS UMBRELLA LTABTL=: 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 : 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 LOCAL AGENT FOR INSURANCE AND 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 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 9/1/94 18 I 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 TIME IS OF THE ESSENCE: Time shall be deemed to be of the essence concerning this agreement whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 16.3 RSA]' TO REQUIRE PERFnRMANCE: 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 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. 16.5 PRI_ OR CONTRACTS: 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 APPROVAL BY CITY COjJNCIL: 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 COMpyIANCE WITH LAWS: CONTRACTOR, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if CITY calls the attention of CONTRACTOR to any such violations on the part of CONTRACTOR, its off cers, agents, employees, or subcontractors, then CONTRACTOR shall immediately desist from and correct such violation. 9/1/94 19 16.8 R11GFfT TO PERIODIC RF:yIEWS: CITY shall have the right to conduct of 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 CHANCzES 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 SEER 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 12AIE: 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 P : 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 CONTRACI: 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 : 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 NOTICES: Notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: 9/1 /94 20 CITY: 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 CQNIRACTQR: Harold Carter Designated Agent For All Service Refuse Company, Inc. 825 NW 31 Avenue Ft. Lauderdale, FL 33311 (305)583-1830 With a copy 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 ENFORCEMENT: 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 ADDENDUMS 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 NEYERABILITY AND UNENEQUEARLEJMLITSIONS: 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 MEUTUAL CONSFNT: 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 C7 is 16.22 NQN-WAIVER OF POWERS: This agreement shall not be taken or held to imply the relinquishment or waiver by CITY of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and CITY hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of 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. 9/1/94 22 R • • Cora VrFM o7rir rs7 tmm,' u1c, This Agreement shall be effective this the day of �1� �` '-� �' , 1994, with the Commencement Date of December 19.1994. T ITY OF TA RAC, FLORID By: �• ay% Norman Abramowitz Date: Z;�76,2 ,t, `� 9 ATTEST: By! r\"� n,,,� Robert S. Noe, Jr. ' City Manager Carol A. Evans Date: City Clerk to City Attorney 911/94 23 �J • STATE OF FLORIDA COUNTY OF- 6,''CLCA J'ZD :SS I HERESY 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. 7f L WITNESS my hand and official seal this day of G�'-�- 1994. NOTARY PUBLIC, State of Florida at Large NOTARII PUEN.I r (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ✓Personally known to me, or ( ) Produced identification C S A?E OF FI.ORIOA MY COMISSION EXP. NOV. 8:i994 BONDED THRU GENERAL INS. UNO, Type of I.D. Produced ( ) DID take an oath, or ( /) DID NOT take an oath. 9/1/94 24 • r� ATTEST: By: r"! • �r Corporate Secretary Ile- k iv", , , At. (Corporate Seal) STATE OF FLORIDA . :SS COUNTY OFF <, Y 4 - '«t --- CORPORATION: By: ,/, ,.President /�fr��. /� c'•rc.E Of:_li// -��,�� I'�-%.ter. ,. �/ '�� T, . 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 Florida at Large / (Name of Notary Public• day of rz t 1994. Print, Stamp, or Type as -.: � "WE T. EWQTT Commissioned) �� :.�' 'NION + CC3Q.7T14 FMM' May 21,199e / � known .. ��' -- S r tKG 'hrj Ndpty Pump (�f1�pMldf� (-personally to me, or - ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( " SDID NOT take an oath. 9/1/94 25 a1:4)1'A' . CERTIFICATE' OF INSURANCE, CSR CP DAT9IMMMOrM ALLSE-1 09/02,94 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION NEST Risk Management ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE William F. Comiskey, Jr., CIC HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR 192&Glades Road, Suits 103 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. H aton FL 33431-7333 COMPANIES AFFORDING COVERAGE w. omiskey, Jr., CIC 746134 4 -3 -0488 COMPANY A Michigan Mutual Ins. Co. INSURED COMPANY B ITT Hartford Insurance Group COMPANY C Westchester Fire Insurance All Service Refuse Co., Inc. 82S N.W. 31st Avenue Fort Lauderdale, FL 33311 COMPANY D COVERAGES.. THE POLICIES OF INSURANCE LISTED THIS IS TO CERTIFY THATSUED TO THE INSURED NAMED A BELOW HAVE BEEN IS ROVE 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 TYPE OF INSURANCE POLICY NUTABER POLICY EFFECTNE DATE OMM/ OAM POLICY EXPIRATION DATE WAM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE # 2, 0 0 0, 0 0 0 8 PRODUCTS- comp/op AGG s1,000,000 A COMMERCIAL GENERALUABRlTY CLAIMS MADE ® OCCUR SACPP0276417-94 05/15/94 05/15/95 PERSONAL A ADV INJURY $ 1, 0 0 0 , 0 0 0 EACH OCCURRENCE $ 1, 0 0 0 , 0 0 0 OWNER'S & CONTRACTOR'S PROT FIRE DAMAGE (Any an. ra.l $ 50,000 MED EXP IAnI orm pwoon) t 51000 AUTOMOBILE LIABILITY B ANY AUTO Z1II�d87670$-94 05/15/94 05/15/95 COMBINED SINGLE LIMIT 01,000,000 3 BODILY INJURY IPr � ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS ON-OWNEO AUTOS BODILY INJURY S'r •naidwrtl � PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT AGGREGATE 1 EXCESSLIWLITY EACH OCCURRENCE $10,000,000 UMBRELLA FORM CUA10017SO 05/15/94 05/15/95 AGGREGATE * 10, 000, 000 C 3 OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERB' LIABILITY STATUTORY LIMITS EACH ACCIDENT t THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE DISEASE - POLICY LIMIT f DISEASE - EACH EMPLOYEE OFFICERS ARE: EXCL OTHER DESCRIPTION OF OPERATIONSAACATIONSNEMGLWBPBCIAL ITEM The Certificate Holder is named Additional Insured, per GL policy formes, as their interest may appear. CERTIFICATE HOLDER ; CANCEL1AT10N TAMA0 01 SHOULD ANY OF THE ABOVE D=CpeED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSMNG COMPANY WILL ENDEAVOR TO MAIL City D f Tamarac Attn: City Manager 3 0 OAYS wNT EN NOTICE TO THE CERTIRCATE HOLDER NAMED To THE LIFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE No OBLIGATION OR UAMUTY 7525 R.W. 8 8 th Avenue OF ANY KIND UPON THE COMPANY. ITS AOte OR REPRESENTATIVES. Tamarac, FL 33321 AIITNOWZEO A • W,F. Came s y�r".`; AcoRa 2ri I3l93t a . ACORD P TfON 1993. • P� L Exhibit 2 TUP. RES0. No. Fa3 / INVITATION TO BID BID # 98-19B RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS A COMPLETE UNIT FINANCE DEPARTMENT PURCHASING DIVISION CITY OF TAMARAC 7525 NW 88TH AVENUE TAMARAC, FLORIDA 33321-2401 Stanley D. Hawthorne Director of Finance �J • City of Tamarac mnance Department, purchasing Division 7525 N.W. 88th Avenue, Tamarac, Florida 33321-2401 Telephone: (954) 724-2450 Facsimile (954) 724-2408 INVITATION TO BID BID NO. 98-19B Sealed bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until April 15, 1998 at 2:00 p.m., at which time bids will be publicly opened in Conference Room No. 107 in City Hall and announced for: RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS A COMPLETE UNIT All bids received after the date and time stated above will be returned unopened to the Bidder. All Bidders are invited to attend the opening. One original and two copies (2) of the bid shall be submitted on an official bid form furnished with the bid package and those submitted otherwise will not be considered responsive. The submittal shall be plainly marked Bid No. 98-19B, RECYCLING TRUCK CHASSIS AND COMPACTION BODY opening, April 15, 1998 at 2:00 p.m. on the outside of the envelope. The City reserves the right to accept or reject any or all bids, or any part of any bid, to waive any informalities, and to award in the best interest of the City of Tamarac. Bid documents will be available for review and may be obtained from the Purchasing Office at the above address. For non -technical inquiries, contact Earl W. Noll III, Senior Buyer, at the Purchasing Office at (954) 724-2450; and for technical issues, contact Jean Dupuis at (954) 724-2405. Earl W. Noll III Senior Buyer Publish Sun Sentinel: Sunday, 03/29/98 Sunday, 04/05/98 1 Equal Opportunity Em INSTRUCTIONS TO BIDDERS BID NO. 98-19B RECYCLING TRUCK CHASSIS AND COMPACTION RECYCLING BODY AS A COMPLETE UNIT It is the intent of the City to award this bid to the lowest responsible and responsive bidder. The City reserves the right to accept or reject any or all bids and to waive any informality concerning the bids when such rejection or waiver is deemed to be in the best interest of The City of Tamarac. The City reserves the right to award the bid on a split order basis, lump sum or individual item basis unless otherwise stated. GENERAL TERMS AND CONDITIONS These general terms and conditions apply to all offers made to the City of Tamarac by all prospective Bidders including but not limited to Request for Quotes, Request for Bids and Request for Proposals. As such the words "bid" and "proposal" are used interchangeably in reference to all offers submitted by prospective bidders. 1. SUBMISSION OF THE BID: The Bidder is directed to deliver sealed bids to the City0s Purchasing Office, City of Tamarac, 7525 N. W. 88th Avenue, Tamarac, Florida 33321, ON: -April 15, 1998, no later than 2:00 PM. At this time the bids will be opened, the names of all Bidders will be announced and all bids shall be a matter of public record. All Bidders and their representatives are invited to attend. The Bidder must show the bid number, bid name, time and date of the bid opening on the outside of the sealed bid package. Delivery of the sealed bids to the City Purchasing Office on or before the above date is solely and strictly the responsibility of the Bidder. Late bids will be returned unopened to the Bidder. It is the Bidder's responsibility to read and understand the requirements of this bid. Unless otherwise specified the Bidder must use the bid form furnished in the bid packet. Bidders are required to state exactly what they intend to furnish to the City via this Solicitation and must indicate any variances to the terms, conditions and specifications of this bid, no matter how slight. If variations are not stated in the bid, it shall be construed that the Bidder's bid fully complies with all conditions identified in this bid. The Bidder shall submit one (1) ORIGINAL and two (2) copies of the bid. The ORIGINAL bid must be manually and duly signed in ink by a Corporate Officer, Principal, or Partner with the authority to bind the bidding company or firm by his/her signature. All quotations must be typewritten or filled in with pen and ink. Bids having erasures or corrections must be initialed in ink by the Bidder. All prices, terms and conditions quoted in the submitted bid will be firm for acceptance for sixty days from the date of the bid opening unless otherwise stated by the City. 2 1. BONDING: Not applicable for this bid. 2. WITHDRAWAL OF BID: Any Bidder may withdraw its bid prior to the indicated opening time. The request for withdrawal must be submitted in writing to the City Purchasing Office. 3. PUBLIC ENTITY CRIMES FORM: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4. NON -COLLUSIVE AFFIDAVIT: Each Bidder shall complete the Non -Collusive Form and shall submit the form with the Proposal. CITY considers the failure of the Offeror to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 5. QUANTITIES: Not Applicable. 6. PRICES, PAYMENTS AND DISCOUNTS: Bid prices shall be fixed and firm to the extent required under Special Conditions. Payment will be made only after receipt and acceptance of the completed unit. Cash discounts may be offered for prompt payment, however, such discounts shall not be considered in determining the lowest net cost for bid evaluation. Bidders are encouraged to provide prompt payment terms in the space provided on the Bid Form. If no payment discount is offered, the Bidder shall enter zero (0) for the percentage discount to indicate net 30 days. If the Bidder does not enter a percentage discount, it is understood and agreed that the payment terms shall be 2% 10 days, net 30 days effective on the date that the City receives an accurate invoice or accepts the product, whichever is the later date. Payment is deemed to be made on the date of the mailing of the check. 7. DELIVERY: All items shall be delivered F.O.B. destination to a specific City of Tamarac address. All delivery cost and charges must be included in the bid price. All exceptions shall be noted. Failure to do so may be cause for rejection of the bid. The City reserves the right to cancel orders or any part thereof, without obligation if delivery is not made at the time specified in the bid. 8. BRAND NAMES: Manufacturers' name, brand name, model number or make is used in these specifications for the sole purpose of establishing minimum requirements of quality, performance and design. APPROVED EQUAL is added to the specifications 3 to avoid ruling out qualified competition. Where equal is bid, the Bidder must submit brochures, specifications in detail and/or samples. The City shall be the sole judge of equality. 9. SAMPLES AND DEMONSTRATIONS: When requested samples are to be furnished free of charge to the City. If a sample is requested it must be delivered within seven days of the request unless otherwise stated in the bid. Each sample must be marked with the bidder's name and manufacture's brand name. The City will not be responsible for returning samples. The City may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 10. CONDITIONS OF MATERIALS: All materials and products supplied by the Bidder in conjunction with this bid shall be new, warranted for their merchantability, fit for a particular purpose, free from defects and consistent with industry standards. The products shall be delivered to the City in excellent condition. In the event that any of the products supplied to the City are found to be defective or do not conform to the specifications, the City reserves the right to return the product to the Bidder at no cost to the City. 11. COPYRIGHTS OR PATENT RIGHTS: The Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of this bid. The seller agrees to hold the City harmless from all liability, loss or expense occasioned by any such violation. 12. SAFETY STANDARDS: The Bidder warrants that the product(s) supplied to the City conforms with all respects to the standards set forth in the Occupational Safety and Health Act and its amendments to any industry standards if applicable. 13. PERFORMANCE: Failure on the part of the Bidder to comply with the conditions, terms, specifications and requirement of the bid shall be just cause for the cancellation of the bid award. The City may, by written notice to the Bidder, terminate the contract for failure to perform. The date of termination shall be stated in the notice. The City shall be the sole judge of nonperformance. 14. DEFAULT: In the event that the Bidder defaults on the contract or the contract is terminated for cause due to performance, the City reserves the right to obtain the materials or services from the next lowest Bidder or other source during the remaining term of the contract. Under this arrangement the City will charge the Bidder any excess cost occasioned or incurred thereby and shall apply to any bid bond required. 15. TERMINATION FOR CONVENIENCE OF CITY: Upon seven (7) calendar days written notice delivered by certified mail, return receipt requested, to the Bidder, the CITY may without cause and without prejudice to any other right or remedy, terminate the agreement for the CITY'S convenience whenever the CITY determines that such termination is in the best interest of the CITY. Where the agreement is terminated for 4 the convenience of the CITY the notice of termination to the Bidder must state that the contract is being terminated for the convenience of the CITY under the termination clause and the extent of termination. Upon receipt of the notice of termination for convenience, the Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding sub -contractors and purchase orders to the extent that they relate to the terminated portion of the Contract and refrain from placing further orders and sub -contracts except as they may be necessary, and complete any continued portions of the work. 16. ASSIGNMENT: The Bidder shall not transfer or assign the performance required by this bid without the prior written consent of the City. Any award issued pursuant to this bid and monies that may become due hereunder are not assignable except with prior written approval of the City. 17. EMPLOYEES: Employees of the Bidder shall at all times be under its sole direction and not an employee or agent of the City. The Bidder shall supply competent and physically capable employees. The City may require the Bidder to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Bidder shall be responsible to the City for the acts and omissions of all employees working under its directions. 18. TAXES: The City of Tamarac is exempt from all Federal, State, and Local taxes. An exemption certificate will be provided where applicable upon request. 19. BID PREPARATION EXPENSE: The Bidder preparing a bid in response to this bid shall bear all expenses associated with its preparation. The Bidder shall prepare a bid with the understanding that no claim for reimbursement shall be submitted to the City for the expense of bid preparation and/or presentation. 20. OMISSION OF DETAILS: Omission of any essential details from these specifications will not relieve the Bidder of supplying such product(s) as specified. 21. INDEMNIFICATION: The Bidder shall indemnify and hold harmless the City of Tamarac, its elected and appointed officials and employees from any and all claims, suits, actions, damages, liability, and expenses (including attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly or indirectly caused by, resulting from, arising out of or occurring in connection with the operations of the Bidder or his Subcontractors, agents, officers, employees or independent contractors, excepting only such loss of life, bodily or personal injury, or property damage solely attributable to the gross negligence or willful misconduct of the City of Tamarac or its elected or appointed officials and employees. 22. CLARIFICATION TO TERMS AND CONDITIONS: Where there appears to be .variances or conflicts between the General Terms and Conditions and the Special Conditions and/or Technical Specifications outlined in this bid, the Special Conditions and/or the Technical specifications shall prevail. I•" • The Bidder shall examine all bid documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquires, suggestions, request concerning clarification or solicitation for additional information shall be submitted in writing to the City of Tamarac's Senior Buyer, Earl W. Noll III. The City shall not be responsible for oral interpretations given by any City employee or its representative. 23. BID TABULATION: Bidders who wish to receive a copy of the bid tabulation should request it by enclosing a stamped, self-addressed envelope with their bid, or by requesting a tabulation be sent to their fax machine. Bid results will not be given out by telephone. The City does not notify unsuccessful bidders of contract awards. 101 RECYCLING TRUCK SPECIFICATIONS The City of Tamarac is seeking for a recycling truck apparatus that will be hydraulically actuated, over the top loading, dual side loading and shall be capable of loading 100% of the body's volumetric rating. It will have the capacity to handle the Broward County two - sort system: paper and commingled materials. The recycling truck will also accommodate to the specifics of the City's roads and recycling conditions. For instance, in the older sections of the City, roads are narrow and maneuverability becomes an important decision factor. Here, the overall length and turning radius of the unit will be part of our decision -making process. Also, our City experiences one of the highest recycling rates in Broward County. Our present recycling truck must travel back and forth to the Material Recovery Facility (MRF) between 4 to 0 times a day. We hope to reduce traveling time by using a compaction body. We presently carry 7,000 lbs. per load. This number would have to be optimized to achieve less traveling time. VEHICLE SUMMARY Unit Model: Conventional Type: Truck 2 axles Application Intended use: Recycling/Road Commodity: Paper, plastics, cans Glass, drink boxes Body Chassis Front axle load (lbs.): 10,000 Rear axle load (lbs.): 23,000 Road conditions: Class A (Highway) 100% Class B (Hwy/Mtn) 0% Class C (Off hwy) 0% Class D (Off road) 0% Type: G-S Products, model 5732D or approved equal • Special requirements: 1. Right side stand-up drive cab conversion 2. Front mounted hydraulic pump preferred. Other option will be considered if delivery time becomes an issue. These specifications should be considered to be the minimum acceptable specifications. Failure to comply with these minimum standards shall result in the rejection of the bidder's bid offer. If the equipment offered differs from the specifications stated herein, the bidder shall declare a "VARIATION" (Exception) and these differences shall be explained in detail. Bidder shall note all variations on attachment "A" of the invitation to bid. Bidders shall "initial" in the space provided to indicate compliance or note a variation. Failure to do so may result in rejection of the bid. The City reserves the right to accept or reject any part of or all bids and to accept the bid deemed to be in the best interest of the City. 7 A - CHASSIS REQUIREMENTS COMPLIANCE 1. The chassis supplied shall have a Frame Rail constructed of 100,000 PSI material, and a minimum RBM of 1,100,000 in-lbs. 2. The chassis provided shall have: • Cab to Axle of " • Wheel Base of " • Turning radius of " 3. The Rear Axle and Rear Suspension rating shall be a minimum of 23,000 lbs. 4. The Front Axle and Suspension rating shall be a minimum of 10,000 lbs. 5. The after -frame length shall be in. B - FRAME AND EQUIPMENT 1. 10.125"X 3.062"X 0.312" steel rails/steel cross members • 225" through 254" WB with 97" maximum AF • heat treated alloy (110,000 psi yield) frame reinforcement full "C" channel; 10.720"X 3.310" X 0.250"; 225" through 254" WB 2. Two (2) frame mounted front tow hooks 3. Steel bumper extension to accommodate hydraulic pump assembly (if chosen) C - FRONT AXLE AND EQUIPMENT 1. 10,000 lbs. capacity. • Zerk fittings on tie rod ends, king pins and ball joints 2. Power steering • 2-spoke, 18" diam. 3. Standard oil seals 4. Air cam S-cam brakes; 16.5 X 5.0" Cam breaks • Automatic slack adjusters D - REAR AXLE AND EQUIPMENT 1. 23,000 lbs. capacity • Upper torque rod • Heavy duty springs 2. Air cam S cam; 16.5 X 7 Cam breaks • Includes 30 sq. in. MGM spring actuated parking brake chambers 0 Automatic slack adjusters E — ENGINE AND EQUIPMENT 1. 230 HP, diesel 2. 100 Amps alternator, 22 SI 3. Fiberglass tilting front end 4. 12 volt starter • Ignition button start switch in center of dash • 12 Volt system with circuit protection 5. Two (2) 12V batteries, minimum 1300 CCA • Tapered post type terminal • Maintenance free 12V batteries • Stranded copper battery cables • Double aught (00) or larger 6. Blend -air conditioner • Integral heater and defroster 7. Engine shutdown with automatic override • Warning light and buzzer • Shutdown on low engine oil pressure • Shutdown on high engine coolant temperature • Shutdown on low coolant level 8. Road speed type governor 9. Standard core radiator • 718 sq. in. with high performance • 565 sq. in. charge air cooler for use with front mounted PTO • Soldered down flow, Series system 10. Silicone coolant hoses 11. Circuit breakers • Manual reset SAE type III with trip indicators • Replaces all fuses except for 5-amp fuses 12. Hand throttle Vernier type 13. Single vertical RH exhaust system • Aluminized steel with guards F — TRANSMISSION AND CLUTCH 1. Allison, automatic, 4 or 5 speed 2. Water oil heat exchange 3. Transmission oil filter G — AIR AND TRAILER EQUIPMENT model 1. Bendix Tu-Flo 550, 13.2 cfm air compressor 2. Bendix AD-9 air dryer • Heater Standard location 3. Pull chain drain valve, Berg manual, for air tank 9 H - TIRES AND WHEELS 1. Two (2) front tires, 16 ply, 11 R22.5 unisteel G286 (Goodyear), 496 rev/mile, load range H 2. Four (4) rear tires, 16 ply, 11 R22.5 unisteel G286 (Goodyear), 496 rev/mile, load range H 3. Two (2) front cast wheels, 22.5 X 8.25 • 6-spoke, painted steel 4. Two (2) dual rear cast wheels, 22.5 X 8.25 • 6-spoke, painted steel • Oil lubricated wheel bearing I - FUEL TANK 1. Steel 50 gallon right hand fuel tank with center step J - CAB AND EQUIPMENT 1. 80" conventional, steel, RH Drive Stand-up conversion • Dual Steer use • Ignition and Doors Keyed alike • Full length RH bi-fold steel door with 4 tined glass windows 2. Structured box tubing sub -frame 3. Backrest for RH stand-up position 4. 3-pt seat belt/shoulder harness driver only 5. Inside/outside door latches 6. 12/14 gauge galvanized steel 7. 1/8" diamond plate floor with hinged deck plate 8. Tinted windows 9. Right hand curb view window 10. Dual chrome fender mirrors with convex 11. Dual oscillating ceiling mounted fans 12. Factory front windshield 13. PTO engaged indicator light 14. Back Up Alarm 15. Standard AM/FM radio 16. Tachometer 17. Voltmeter 18, Hourmeter 19. Daytime running lights 20. Stop/tail/back-up lights 21. Two (2) rectangular mirrors • West coast type • Electrically controlled from inside cab • Aluminum heads and brackets 16" X 7" size with 102" wide spacing • Two (2) 8" convex stainless steel, mounted below 22. Transmission shifter relocated to center floor HC 23. Gauges and instruments • Two (2) temperature trans. main oil gauges • Two (2) coolant temperature gauges • Two (2) oil pressure engines gauges • Two (2) air pressure gauges • Two (2) fuel level gauges • Two (2) speedometers with odometers • Dual turn signal controls • Two (2) inside sunvisors • Dual air horn buttons • Dual windshield wiper controls • Dual accelerator and brake controls 24.Additional headlight switch RH 25.Additional start button / stop switch RH 26. Flip down RH side seat K - PAINT 1. Cab shall be painted yellow, IMRON 5194U 2. All wheels shall be painted white, IMRON L — FEDERAL EMISSION 40 Vehicle shall meet all requirements prior to acceptance by City. Proof of passage is required. • 11 Compaction Recycling Body 0 Specifications It is the intent of these specifications to describe a Tilt -to -Dump Dual Side Loading Compaction type Recycling Body with two integral Loading Troughs which will each accommodate a dumping mechanism for poly carts up to 96 gallons in capacity. The body shall be suitable for mounting on a chassis manufactured by others. The compaction body shall have two compartments capable of compacting a legal payload. The capacity of the body shall be approximately 32 cubic yards. The gross lifting capacity of each loading trough shall be a minimum of 1,000 pounds. The body shall be designed and constructed in accordance with the appropriate parts of ANSI Z245.1. The omission of any standard feature described herein shall not relieve the bidder of the responsibility to furnish a complete body and loader mechanism with all standard equipment of the body manufacturer's latest model. All equipment furnished shall be new and unused. The unit specified and all equipment, standard and optional, shall be completely assembled, adjusted, installed and be ready for use on a truck chassis furnished by others. The City of Tamarac is looking for the ultimate combination of capacity, turning radius and maneuverability to accommodate its situation. A - BODY CAPACITY 1. The loading body capacity 2. Expected average material weight per load B - BODY DIMENSIONS 1. The overall height of the body, in the travel mode, shall not exceed 100" above the chassis frame. 2. The width of the body, in the travel mode, shall not exceed 96". 3. The overall length of the body The overall length of the vehicle 4. The maximum height of the body, with the body in the dumping mode, shall not exceed 218" above the chassis frame rail. 5. The maximum height of the body, with the Loading Trough in the dum_ping,,mode, shall not exceed 128" above the chassis frame rail height. Compliance cu. yards lbs. in in. 12 C - CYCLE TIMES 1. The Loading Trough cycle time (full cycle) 2. The Compacting Cycle time D - LOADING MECHANISM AND LOADING TROUGHS 1. The Loading Troughs, one per side, and with enough volumetric capacity to allow multiple recycling bins to be emptied without having to dump the troughs. The End and Front Walls of the troughs shall be a minimum of 12 GA material. 2. The Loading Troughs shall travel upward on "track and trolley" system which will incorporate two curved track sections and four UHMW Polyethylene rollers/stabilizers, per trough. The rollers/stabilizers shall be permanently lubricated to promote a favorable service life of this component. The track shall incorporate at least one removable section per trough to facilitate replacement of the Rollers. The Loading Troughs shall be raised and lowered by the top door cylinders via a linkage system. Any design utilizing chains or cable drive or hydraulic gearmotors is not acceptable to the City; 3. A Cart Attachment, which is capable of dumping a mobile cart up to 96-Gallon capacity shall be included. The cart attachment shall automatically retain the cart during the dumping cycle and release the cart prior to the end of the cycle so as to avoid structural damage to the cart. The Cart Attachment shall designed in such a manner so as to enable the operator to alternate between cart dumping and manual loading of the trough without the need to manipulate and pin(s) or lever(s). The bidder, by submission of his bid agrees to performance test prior to acceptance of any bodies/ chassis which may by purchased in conjunction with this specification. 4. At least four (4) Cart Attachments per side. 5. The Loading Trough/Top Door raise cylinders shall incorporate an internal "cushioning" device at each end of the stroke to minimize hydraulic system wear and curtail unnecessary operational noise while the unit is on the route. 6. The "raise"/"lower" function of the Trough shall be controlled by a lever located forward of each respective trough and shall be detented to the neutral position to cause the "raise"/"lower" action to cease whenever the operator releases the lever. 7. Any system which enables the Loading Trough to be cycled from inside the cab, is not acceptable. sec. sec. NINav:R carts 13 E - PACKER HEAD/CYCLE 1. Packer Blade (s) shall be a minimum of 12 GA Hot Rolled ASTM A569 or Cold Rolled ASTM Steel. 2. Reinforcin . A combination of pressed and structural members shall be used to assure maximum rigidity. 1. Slides for compacting compartment (s) shall be the replaceable type. 2. The Packer Head, for the compacting compartment (s) shall promote the compaction process. To preclude unnecessary breakage of the commingled glass, the packer assembly shall not penetrate into the compaction zone. Any system which utilizes a "full pack" type packer assembly shall be deemed unacceptable to the Cit . 3. Packing Cylinders. There shall be a total of two (2) double acting cylinders, which shall provide the sweeping and compaction forces. They shall have a 4" bore x " stroke and incorporate a 2.5" Hard Chrome Plated Rod. Maximum rated working pressure shall not exceed 2,500 PSI. 0 F - HYDRAULICALLY OPERATED HOPPER COVERS PSI gauge Both RH and LH Hopper Covers shall be hinged near the vehicle centerline and shall be hydraulically operated by two cylinders per side (total of 4) via a "torque tube" configuration. The Hopper Covers shall lift their respective Troughs to the dumping position by means of two link rods. Systems which utilize chains, cables, or gearmotors to raise the hopper covers and loading troughs are not acceptable to the City. A dump angle of approximately 50 degrees shall be achieved to insure that the recyclable dump freely into the hopper without the need for repeated c clin (inertia dumping) of the trough assemblies. COMPLIES: YES NO Typical Dump Angle (Bidder to complete) 1. Hopper Covers shall consist of a tubular framework with an insert fabricated of a 14 GA steel to minimize body weight and provide a means to contain the payload when the hopper cover is in the "closed" position. 2. The Top Doors/Hopper Covers shall open automatically whenever the Loading Trough(s) are raised to the "dump" position and close automatically whenever the Loading Trough is fully lowered. 3. The Top Door/Hopper Cover Lift Cylinders shall have a 4" bore x " stroke, with a 2" Hard Chrome Plated rod. They shall have a rated working pressure of 2,500 PSI and incorporate an internal cushion at 14 either end of the stroke. There will be a quantity of four (4) cylinders per body 4. The Top Doors/Hopper Covers shall be equipped with Hopper Extensions to minimize the potential of load contamination during the dumping cycle. G - REAR DISCHARGE DOOR 1. The Rear Discharge Door (s) or Tailgate (s) shall be of the "Bustlegate" configuration to promote efficient packing and to maximize the body volume. A Flat Tail ate or hinged "Barn Door" configurations will not be acceptable to the City. 2. The Tailgate shall be attached to the compaction body with two (2) hinges with a minimum of 1 '/4" diameter pins. 3. The Tailgate Opening shall be equal to the maximum width and height of the body for complete and unobstructed discharge of the payload. 4. Tailgate Construction. The Bubblegate shall be constructed of 11 GA, ASTM A569 Hot Rolled or A366 Cold Rolled Material. The construction shall be a curved Rear Wall with flat Sidewalls. The forward edge of the tailgate shall be reinforced rectangular steel tubing framework to form a flange with the compaction body. The tailgate shall incorporate a positive seal across the bottom and at least 18" up each side of the tailgate to minimize leakage of liquids. 5. The Tailgate "Raise" shall be accomplished by two (2) single acting hydraulic cylinders having a minimum of 2.5" bore with a Chrome Plated 1.5" rod. A restrictor valve shall be incorporated into the cylinder circuit to control the closure speed of the tailgate. 6. The Bubble Tailgate Latch Mechanism shall be of the automatic type. A mechanical locking (pin) device, to be manually removed by the operator shall be provided to minimize the potential for unintentional opening of the tailgate. The tailgate latch and raise mechanism shall be operated from the cab using a detented air controller (air over hydraulic servo). Manually operated latches are not acceptable to the City. 7. An indicator light shall be illuminated on the cab console whenever the tailgate is not fully closed. H — UNLOADING STSTEM 1. Body shall tilt to discharge payload. Maximum 15 height of the raised body shall not exceed 218" above chassis frame rail. Twin hoist cylinders shall be provided to promote stable dumping and even distribution of the frame loading forces during the dumping cycle. The telescopic cylinder shall have three (3) stages, having a minimum of 6V 57 4" bores and 163.13" stroke. There shall be two Safety Body Props to support the empty body during servicing. I - HYDRAULIC SYSTEM 1. A complete hydraulic system shall be provided. 2. A front mounted crankshaft driven Live Power pump shall be provided as standard equipment. The complete hydraulic system shall incorporate only one hydraulic pump. Tandem pump systems are unacceptable to the City. 3. The Main Systems pressure shall not exceed 1,500 PSI @ 30 GPM. The compaction system pressure shall not exceed 1,000 PSI. 4. The Hydraulic Reservoir shall have a capacity of 30 U.S. gallons and shall incorporate a Suction Line Strainer. The reservoir shall also incorporate a Sight Glass to enable the operator to check the oil level without removing the reservoir cap. 5. A 10 micron, full flow Return Line Filter shall be provided. The filter shall be serviceable with minimal loss of hydraulic oil and shall not require draining the reservoir. 6. A manual Shut-off valve shall be provided to facilitate maintenance. 7. High pressure hydraulic hose shall be of the wire braid construction, designed to withstand four (4) times the normal maximum working pressure. 8. All high pressure fittings shall be SAE split flange, straight thread ("O" Ring), or 37 degree JIC type. 9. Hydraulic tubes shall be mounted in shock absorbing industrial type clamps. 10. The Main Control Valve shall be air servo actuated, excepting the Loading Trough control, which shall be lever/direct linkage. The air -actuated controls shall be provided to ensure that spool movement is responsive to the "commands" of the operator. The valve shall be sized appropriately to ensure adequate capacity for all components. 11.All components shall be sized to ensure that the normal system operating temperature does not exceed 1601 F. Dumping angle = PSI 16 OJ, CONTROLS 1. All controls shall be mounted in a centralized cab console so as to be readily accessible to the operator. 2. Each control shall be properly labeled and indicate direction of travel (i.e. "Body Up", "Body Down", ...) 3. The Tailgate and Body Lift controls shall be of the air servo type and be detented to the "neutral" position to ensure that movement of the various functions shall cease whenever the operator releases the controller. K - LIGHTING 1. Clearance, stop, tail, back-up lights and reflectors shall be provided in accordance with FMVSS regulations. 2. Clearance lights shall be located below the top crossmember for better protection. Stop, tail, and back-up lights shall be located on the tailgate for maximum protection. 3. The lens shall be a sealed unit, TRUCKLITE, high impact, corrosion and water-resistant type. IW/:7_11►kI The complete unit, body and loading trough will be thoroughly cleaned to remove all grease, dirt, weld slag, and foreign matter. One (1) coat (1 % to 1 '/z Mils) of Brown IMRON 7444U high gloss acrylic enamel will be applied to all external surfaces. All safety and warning decals are to be affixed in accordance with ANSI Z245.1. M - DELIVERY • Delivery shall be F.O.B. CITY OF TAMARAC, Public Works facilities, located at 6011 Nob Hill Road, Tamarac, Florida • The City is very interested in receiving the recycling apparatus (complete unit) as soon as possible and as such may include delivery time as a factor in rendering the award. Therefore it is in the Bidder best interest to deliver the complete unit as soon as it is able to. • Notwithstanding the above, the City may decide to incorporate liquidating damages of an amount not to exceed $100 per day for the late delivery of the complete unit. • Bidder hereby guarantees that it will deliver the complete recycling apparatus not more than calendar days from the receipt of the purchase order/contract. TIME IS OF THE ESSENCE. IVA N - LITERATURE Descriptive literature will accompany bid and become a part thereof. O - MANUALS One (1) complete PARTS MANUAL shall be furnished with each piece of equipment delivered to the City. 2. One (1) Operator's manuals shall be furnished, at the time of delivery, for each unit accepted by the City. 3. One (1) Maintenance Manual shall be furnished, at the time of delivery, for each unit accepted by the City. P - MANUFACTURER'S EXPERIENCE / PARTS COMMONALITY It is the City's intent to purchase that equipment which will have the lowest ownership costs over the life of the equipment. In this regard, it is in the City's interest to determine and give preference to those manufacturer's that can demonstrate their experience in the manufacture of the type of equipment being sought, based upon the number of similar units sold. Additionally, the bidder shall specify percentage of parts interchangeability of body being proposed with the manufacturer's existing products in service. Quantity of Automated Recycling bodies sold in last 24 months? What percentage of parts used on these bodies will interchange with the body being proposed to the City? % Q - WARRANTY The bidder shall provide a minimum of one (1) year "Parts and Labor" warranty on the compaction body. Bidder shall also pass on to the City any and all manufacturer's warranties associated with any and all components of the recycling truck chassis and compaction body. The warranty extended for this recycling apparatus will be an evaluation factor in rendering the award. 0 19 20 11 • 21 777 W 'n"^ i 7 kw k � �t ATTACHMENT "A" continued 0 Bidder's Name' a 4 Variations: • The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specification's in the space providedj�' below; provided, however, that such variations are not expressly prohibited in the bid } ' documents. For each variation listed, reference the applicable section of the bid pP document. If no variations are listed here, it is understood that the Bidder's Proposal • u r' 22 C1 23 k ) UIIJ not iaKe an oatn, or ( ) LAU NU I taKe an oath. y 24 /"1V 11 IVI\ILLLJ vIt71 Y/'11 VRC. ,. .. . .Ix L � W.i y AUTHORIZED SIGNATURE (PRINTED OR TYPED . TITLE FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY NO COMPANY NAME: ADDRESS: H CITY: STATE: ZIP:, TELEPHONE NO.: FAX NO.: Ym CONTACT PERSON: 25 26 • uoniact Contact. Agency/Firm Name: Agency/Firm Name: Address Address: x, s y�i q Y.'✓: ..f'. f• City/State/Zip City/State/Zip Phone: Fax: Phone: Fax: "4 Contact :Contact: r ° R ; Agency/Firm Name: ..,Agency/Firm Name:'w; "'^p• u . Address Address:<,F r City/State/Zip City/State/Zip Phone: Fax: Phone:' Fax: r , q Contact Contact: Agency/Firm Name: Agency/Firm Name: Address Address: City/State/Zip City/State/Zip Phone: Fax: Phone: Fax: a; a ., Contact Contact: YOUR COMPANY NAME n ADDRESS PHONE: ' ; FAX: 27 p. ATTACHMENT "F» VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying ' they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service f' are received by the State or by any political subdivision for the procurement of commodities or f contractual services, a bid received from a business that certifies that it has implemented a drug . free workplace program shall be given preference in the award process. Established procedures'', r . for processing tie bids will be followed if non of the tied vendors have adrug-free workplace ,;,� program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace 1 f, and specifying the actions that will be taken against employees for violations of such r air prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business'sx��:; F policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,_ programs, p at may be imposed upon' w and employee assistance ro rams, and the penalties that employees for drug abuse violations. " 3. Give each employee engaged in providing the commodities or contractual services that J� k ar, 1r in subsection (1) K ; are under bid a co of the stateme nt specified pY 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will'r ; abide by the terms of the statement and will notify the employer of any conviction of, ar, plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace "aKti;F no later that five 5 days after each conviction._''' 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance ` or rehabilitation program if such is available in the employee's community, by any employee who is so convicted.: 6. Make a good faith effort to continue to maintain a drug -free workplace through, k implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. .,p Authorized Signature Company Name K-*1