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HomeMy WebLinkAboutCity of Tamarac Resolution R-93-120I Temp. Reso. #_62 t CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-93-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE FIRST AMENDMENT TO RECYCLING AGREEMENT BETWEEN THE JOINT GROUP CITIES (CONSISTING OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE AND TAMARAC), AND ALL SERVICE REFUSE COMPANY, INC.;PROVIDING. FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to execute the First Amendment to Recycling Agreement between the Joint Group of Cities (consisting of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac) and All Service Refuse Company, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereb made a specific part of this Resolution. SEC1IONT2:_ That the appropriate City Officials are hereb authorized to execute the First Amendment to Recycling Agreemen between the Joint Group of Cities (consisting of Coconut Creek Lauderhill, Margate, North Lauderdale and Tamarac) and All Servic Refuse Company, Inc., a copy of said Agreement being attache hereto as "Exhibit 1°. SECTION 2, All resolutions or parts of resolutions i conflict herewith are hereby repealed to the extent of su conflict. SECTION_4� If any clause, section, other part r application of this Resolution is held by any court of compete t jurisdiction to be unconstitutional or invalid, in part r Temp. Reso. #(jp5 4 application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this ay of 4p.(e-4� 1993. Iryll H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I MAYOR have approved this DIST 1. RESO TION as to form. DIST.2: �� DIST. a: MITCHELL S. CITY ATTC 1ST AMENDMENT-JT GROUP CITIES RECYCLING AGREEMENT/rkt RECORD OF COUNCILVOTE I 0 fx,-f- I �e _ 7-1,3-ice FIRST AMENDMENT TO JOINT GROUP CITIES RECYCkrj9&%dAVPMENT THIS FIRST AMENDMENT TO THAT CERTAIN AGREEMENT dated May 1, 1992 made and entered into this (r b �PJ of 1993 , by and between the FJ CITIES RECYCLING (hereinafter referred to as "GROUP CITIES") and ALL SERVICE REFUSE COMPANY, INC. (hereinafter referred to as "CONTRACTOR") . CH'� ��� •+', 'lt;(rC, Li f Y WITNESSETH: WHEREAS, GROUP CITIES AND CONTRACTOR wish to amend that certain agreement dated May 1, 1992 between the parties hereto to provide for expanded recyclable materials; and WHEREAS, CONTRACTOR also wishes to allow an individual city to unilaterally extend that certain agreement dated May 1, 1992 beyond its expiration date of December 18, 1994, based on certain terms and conditions; NOW THEREFORE, for the mutual benefits and other considerations recited herein, the parties hereto agree as follows: SECTION A. That certain agreement dated May 1, 1992, between the parties hereto is hereby amended by the addition or deletion of the following language. Words underlined are to be additions to that certain agreement dated May 1, 1992: words strue._ _____u,__ are to be deletion to that certain agreement dated May 1, 1992. SECTION 1: DEFINITIONS For the purposes of this Agreement, the following terms shall apply: * * * * * * * * * * * * * * Commin,led Recyclable Materials: -Recyclable materials other than news aIer and incidental kraft paper mixed to ether in the same container. Recyclable Materials: (a) Newspapers and a-1um-inam eansf efa Multi -Family Units—, elear glass eentainers and alufni " am eans frefa Single Family Units - lass containers cl ar brown reen . aluminum steel and bi- metal containers; Rlastic containers (Types 1 2 and 3 incidental kraft paver and film lastic bags used to contain Program Recyclables and such other Recyclable Materials from Multi --Family Units or Single Family Units as the parties may agree to in writin IC- 5 31,2o (b) clear glass, amber glass, green glass and mixed plastics,_ or other mate ials as mutually agreed upon -bv the arties from roll -off containers at locations established by the Individual City Representative (c) containers for recyclable materials from dumpster locations at all City -owned facilities. SECTION 2: TERM OF AGREEMENT * * * * * * * * * * * * * C The GROUP CITIES either collective) as the five crroup cities of Coconut Creek Lauderhill Mar ate North Lauderdale and Tamarac. --or any or all of said cities on an individual basis are ranted the a tion to enew and or extend either the -multifamily recycling ro ram the sincile family recycling program, or both programs The GROUP CITIES or an individual city may utilize the &Kisting cont act n a month -to -onth basis for up to our 4 months after termination of this A reement while negotiating the terms and conditions of the renewal or extensions. The material to be included en th of to m and loricing in an� renewal extension will be negotiated b the CONTRACTOR and the GROUP CITIES collectively or any city unilateral1v renewing or extending -all or part of the recycling agreement. SECTION SECTION 3: SCOPE OF SERVICES The CONTRACTOR shall provide personnel and any additional equipment other than as provided for in this Agreement necessary to provide Recycling Collection Services as follows: A) Project A - Multi -Family Units Two sort commi,naled Recycling Collection Service ef newspaper consistina of sort 1 - newspaper, sort 2 - consistin of alass containers clear, brown reen aluminum. steel and bi-metal containers• iplastic containers -(Types 1 2 and 3), incidental kraft a er and film plastic ba s used to contain Program Recyclables and such other Recyclable Materials from Multi - Family Units located in the GROUP CITIES as the parties may agree to in writing. CONTRACTOR will establish a route(s) for recycling collection vehicle(s) to efficiently collect Recyclable Materials. CONTRACTOR may establish route(s) for recycling collection vehicle(s) without regard to the order of Multi -Family Units within each phase and without regard to City(ies) boundary(ies). CONTRACTOR will service an equal number of Multi -Family Units in each member City of the GROUP CITIES according to the priority set forth in Appendix "A", attached hereto and made a part hereof. Each location shall be provided with Recycling Collection Service a minimum of once per week, and shall be provided with Recycling Collection Service on occasion if needed to prevent container overflow. RecMclin-q Collection Service that is Provided a second time in a week on occasion or from time to time shall be at no additional charcre. Should a location -re uire -Recycling Collection Service more than once Per week on a routine basis the additional charge shall be S.2.0 er unit IDer month. 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 each Individual City Representative for instructions. Each container shall be serviced by CONTRACTOR'S employee and emptied. The employee shall then return the container to its designated location. B) Project B - Single Family Units die single sort commin led recycling Collection Service consistin of lass • containers clear, brown reen aluminum steel and bi-metal containers; Plastic containers (Types 1. 2-And 3 incidental kraft paper and film plastic ba s used to contain Program Rec clables from single family units located in the GROUP CITIES. Recyclable Materials shall be collected once per week, on the same day of the week as newspaper is collected. CONTRACTOR'S employee shall pick- up recycling container at curbside. Recyclables shall be separated placed into recycling collection vehicle. The emptied containers shall be placed at the curb. C) Drop Off Sites Each individual member City of the GROUP CITIES, shall be provided by CONTRACTOR with one forty (40) cubic yard roll off container placed by CONTRACTOR at each City designated drop off site for collection of clear glass, amber glass, green glass and mixed plastics. Said containers shall be provided with Recycling Collection service by CONTRACTOR as needed at no additional cost to the City. All revenue from material in these containers will be shared in accordance with Section a-9 14 (See Appendix A for location). Drop off site containers will be removed u on the r.eguestof amy individual CITY D) Service to City Facilities CONTRACTOR shall provide Recycling Collection Service of aluminum and newspaper containers to be placed by CONTRACTOR at dumpster locations at all 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 Section 39 14 (See Appendix A for locations). El Additional Materials N 11 � (73-fa o On July 1 1994 if mutuall_y agreeable, the Darties ma elect to add -aseptic -package of coated gable top containers to the sin le Tamil and/or the multifamilv nrogram as part of a pilot collection program. SECTION 7: METHOD OF COLLECTION A) Project 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 newspaper and the other for collection of aluminum eans commingled recyclable materials. A compartmentalized truck shall be used to service each location. GROUP CITIES will provide 2,200 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 Appendix A, attached hereto and made a part hereof. CONTRACTOR will establish a route(s) for recycling collection vehicle(s) to efficiently collect Recyclable Materials. CONTRACTOR may establish route(s) for recycling collection vehicle(s) without regard to the order of Multi -Family Units within each phase and without regard to City(ies) boundary(ies). CONTRACTOR will service an equal number of Multi -Family Units in each member City of the GROUP CITIES according to the priority set for in Appendix "A", attached hereto and made a part hereof. Each location shall be provided with Recycling Collection Service a minimum of once per week, and shall be provided with Recycling Collection Service 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 each Individual City Representative for instructions. Each container shall be serviced by`CONTRACTOR'S employee and emptied. The employee shall then return the container to its designated location. B) Project B Each single family unit shall be provided with one 12 gallon or larger recycling container for collection of aluminum commingled recyclable materials. Recyclable Materials shall be collected once per week, on the same day of the week as newspaper is collected. CONTRACTOR'S employee shall pick-up recycling container at curbside. Recyclable Materials shall be separat placed into recycling collection vehicle. The emptied recycling containers shall be placed at the curb. Recyclable Materials will be delivered to the-Preeessing Center Faeility until 4 to a Materials Recovery Facility. C) Drop Off sites Each individual member City of the GROUP CITIES, shall be provided by CONTRACTOR with one forty (40) cubic yard roll off container placed by CONTRACTOR at each City designated drop off site for collection of clear glass, amber glass, green glass and mixed plastics. Said containers shall be provided with Recycling Collection service by CONTRACTOR as needed at no additional cost to the City. All revenue from material in these containers will be shared in accordance with Section �9 14 (See Appendix A for location). D) Service to City Facilities CONTRACTOR shall provide Recycling Collection Service of aluminum and/or newspaper containers to be placed by CONTRACTOR at dumpster enclosures at all City facilities. All revenue from material in these containers will be shared in accordance with Section 4-e 14 (See Appendix A for locations). E) Non Conforming Materials/Contamination 1. Projects A and B a) Whenever feasible, the CONTRACTOR shall remove non -- Recyclable Materials, subject to Section 12 of this Agreement, entitled "Refusal to Pick-up". In Project A (multi -family collection), the CONTRACTOR will contact the complex manager requesting future corrective action and notify the Individual City Recycling Representative. In Project B (single family collection), CONTRACTOR shall notify in writing the resident as to the need for corrective action and shall also advise the Individual City Representative. b) tfre eelleetien eh -'-- Items not acceptable at the MRF will continue to be considered contaminants. When CONTRACTOR is apprised of contamination in a load ,gr loads,_„__CONTRACTOR will immediately notify the administrator for the Joint Group Cities and the individual City Re resentative s from which the contamination most likely originated, and CONTRACTOR_ will 1 remove contaminants` however, the GROUP CITIES will 12ay charges in urred a the MRF for 1egregation and ultimate disposal of contaminated materials whether or not the disposal site is at the MRF. If trans ortation of the contaminants is re uired CONTRACTOR will pick up and deliver contaminated loads to a site as directed by- the GROUP CITIES as Contractor's share of the cost of dealing with contamination 5 2. Drop Off Sites a) In the event a container is contaminated to the extent that it the Processing Center Facility will not accept Recyclable Materials, CONTRACTOR shall immediately notify the Individual City Representative and properly dispose of said contaminated container. CONTRACTOR shall be reimbursed the actual verifiable tipping fee by the individual member city of GROUP CITIES. F) Collection Containers 1. Project A Multi -Family 90-100 gallon, semi -automated containers will be provided by the GROUP CITIES. 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 the 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 the CONTRACTOR. When the Individual City Representative 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. GROUP CITIES shall retain ownership of all containers. 2. Project B Single Family A minimum of one (1) twelve (12) gallon recycling container (s) will be provided to each single family home by the GROUP CITIES. 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 the GROUP CITIES. Storage and replacement of broken or stolen containers shall be the responsibility of the GROUP CITIES upon notification by the CONTRACTOR. GROUP CITIES shall retain ownership of all containers. G) Missed Pick -Ups In the event of a missed pick-up reported by an individual member city of the GROUP CITIES or a resident, CONTRACTOR shall collect 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. N. Z _ i SECTION 8: DATA GATHERING A) The CONTRACTOR shall provide the GROUP CITIES with a monthly report due by the loth of each month outlining; weight of each material collected on a daily basis per route, daily number of drive--bys per route, daily number of set outs per route, adjusted weight and percentage of contamination per route, materials Pe --re-Ae and weight ticket numbers per route. Weight tickets and all records required to be prepared or retained by the terms of this Agreement shall be retained by CONTRACTOR for the term of this Agreement and as required by Chapter 119, Florida Statutes, as the same may be amended from time to time and shall be made available for review upon request by the GROUP CITIES. Separate monthly reports shall be submitted .for Project A and Project B. B) eaehm, GROUP CITIES shall provide the CONTRACTOR a guarterly report within ten 10 days of receipt from Countv which itemizes the amount of gross revenues paid to C-Q?;T- c-T-a GROUP -CITIES from the sale of recyclables material . itemized by sort. In the event that materials are directed to a facility other than the MRF and reports are directed to the contractor, the above obligation reverts to the CONTRACTOR. C) The CONTRACTOR shall provide to the GROUP CITIES representative a detailed report of the number of tons of Recyclable Materials that were collected and transmitted to the processing center on a monthly basis by route and truck load. The report shall contain a statement from the Processing Center Facility indicating the amount of Recyclable Materials disposed of at their site, D) CONTRACTOR shall keep at his local office all of the above records and any other records reasonably necessary or required tof determine the accuracy of payments to GROUP CITIES. Records shall be available during normal business hours, and upon reasonable notice from GROUP CITIES that said records are requested. CONTRACTOR acknowledges and agrees that all records required to be prepared or retained by the terms of this Agreement are public records pursuant to Chapter 119, Florida Statutes, as the same may be amended from time to time. E) CONTRACTOR shall conform to generally accepted accounting principles in the preparation and retention of all records required to be prepared or retained by the terms of this Agreement. VA C� 0 / o SECTION 10: OWNERSHIP TRANSPORTATION AND SALE OF RECYCLABLE MATERIALS A) CONTRACTOR shall transport all collected Recyclable Materials to the Processing Center Facility. CONTRACTOR shall take title to the Recyclable Materials upon pick-up from residents and shall be responsible for the sale or disposal of such Recyclable Materials to the Processing Center Facility. All of the proceeds from the sale of Recyclable Materials shall be shared equally between the CONTRACTOR and the GROUP CITIES --according to the terms of Section 14. * * * * * * * * * * * * * * SEC ION 14- BILLING5 COLLECTIONS AND PAYMENTS A) GROUP CITIES z-hall remit to CONTRACTOR on a qUarterly basis due within ten 0 business days of recei t of a ment from the.Processing Facility, fifty percent (50;) of the gross revenues received by-GGNTRr,.m^^ #resat h GROUP CITIES from the sale of all Recyclable Material(s) from the -single family Drogram andforty five Dercent 45$ of the gross revenue received by-- GROUP CITIES from the multifam,ily program. * * * * * * * * * * * * * * SECTION 15: RATES AND FEES A) Project A - The price paid to CONTRACTOR shall be $:5; (Fifty seyen 1.23 One Dollar and Twenty-three Cents) per multi- family unit per month. If GROUP CITIES provides CONTRACTOR with a this fourth collection vehicle within one hundred twenty 120 days after notification of full execution of this Agreement, the price paid to CONTRACTOR shall be _$-1.13_(One Dollar and Thirteen Cents) per multi -family unit per month. Baildin s that re wire and request twice per wee collection service shall be billed S.20 Twenty Cents er unit per month bv the CONTRACTOR to the Association. quarterly in advance. . B) Project B - The price paid to CONTRACTOR shall be Y_$..97 (Ninety-seven Cents) per single family unit per month. C) The above rates shall be increased or decreased each year during the term of this Agreement en the anniversary date ef beginning Januar 995 if any city has exercised its option to extend this agreement in accordance with the provisions of Section 2.-Term of Agreement. sub -paragraphs B. and „c_ herein, in accordance with the percentage change in the Consumer Price Index -All Urban Consumers for the previous calendar [11 40 year for Miami, Florida, as published by the U.S. Department of Labor. SECTION B. Except as modified herein, that certain agreement between the Parties hereto shall remain in full force and effect. Nothing in this amendment to agreement shall have the effect of voiding the terms of said agreement, except to the extent of the modifications herein. In the event of a conflict between the terms of the agreement dated May 1, 1992, and this amendment to agreement, the parties explicitly agreement that this amendment to agreement shall take precedence and control any such conflict. SECTION C. This Amendment to Agreement and any Exhibits attached hereto together with that entire certain Agreement dated May 1, 1992, contain the entire Agreement between the parties as to the matters contained herein. Any oral representation or modifications concerning this Amendment to Agreement shall be of no force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands as of the date indicated under each party. All Service Refuse Company Inc. 825 N. W. 31st Avenue Fort Lauderdale, Florida 33311 BY: Harris W. Hudson, President Dated: GROUP CITIES: CITY OF COCONUT CREEK By: Title: Attest: Approved as to form and sufficiency: CITY OF LAUDERHILL By: Title: Dated: 01 11 Attest: Approved as to form and sufficiency: Dated: CITY OF MARGATE By: Title: Attest: Approved as to form and Sufficiency: Dated: CITY OF NORTH LAUDERDALE By:,_._ Title: e Attest: Approved as to form and sufficiency: Dated: CITY &R�'Rpk By: Title : / H , L 'ENDER MAYOR D i r,ci 'Mc me Approved as to form r ,S and sufficiency. 1. M Lrz-he ilk ':!S . KX-6D t e Typed for: NANCY COUSINS 9/17/93 Document Name: JGCAMEND.CON F 10. CITY OF TAMARAC 7525 Northwest 88 Avenue Tamarac, Florida 33321-2401 October 6, 1993 Ms. Diane Phillips City of Coconut Creek Office of the City Manager 4800 West Copans Road Post Office Box 63/4007 Coconut Creek, Florida 33063 Phone (305) 722-5900 Fax (305) 722-4509 Subject: First Amendment to Joint Group Cities Recycling Agreement Dear Ms. Phillips: Please find enclosed three (3) originals of the subject agreement and three (3) certified copies of City of Tamarac Resolution No. R-93-120 as passed by City Council at the meeting of September 22, 1993. Upon execution by the Joint Group Cities, please return one (1) executed original for our files. We appreciate your assistance in expediting this matter. Sincerely, 4Car40?16`1' A. Evans City Clerk /ew Enclosures CC: Dina McDermott, Assistant City Manager THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAPPED STATUS