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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-022Temp. Reso. #6219 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R--92 7� A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A RECYCLING AGREEMENT BETWEEN THE JOINT GROUP OF CITIES (CONSISTING OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE AND TAMARAC), AND ALL SERVICE REFUSE COMPANY, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are hereby authorized to execute a Recycling Agreement between the Joint Group of Cities (consisting of Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac) and All Service Refuse Company, Inc., a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: This resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this Wday of pl&�V,1992. ATTEST: 1 � /4•r ^r CAROL A. VANS CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as a t orm.t orm. J MITCHELLg-7VY CITY ATT 33" 34 35 NORMAN ABRAMOWITZ MAYOR RECORD OF OWNCIL VOTE MAYOR— �i���!�I_12 r' � DISTRiCT DISTRICT 3: Cam',L A S FP-1 DISTRICT 4: .* a 9o2 - fy- "t-/ y JOINT GROUP CITIES RECYCLING AGREEMENT THIS AGREEMENT made and entered into this day of , 1992, by and between the JOINT GROUP CITIES RECYCLING (hereinafter referred to as "GROUP CITIES") and ALL SERVICE REFUSE COMPANY, INC. (hereinafter referred to as "CONTRACTOR"). WHEREAS, the JOINT RECYCLING GROUP CITIES advertised for proposals for recycling collection of newspaper and aluminum cans from multi -family units and curbside collection of clear glass containers and aluminum beverage cans from all single family units within the area of GROUP CITIES; and WHEREAS, All Service Refuse Company, Inc, submitted a proposal which was determined by the GROUP CITIES as the lowest fully responsive proposal; and WHEREAS, the GROUP CITIES 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, CONTRACTOR desires to provide Recycling Collection Services as defined herein; and WHEREAS, the CONTRACTOR and GROUP CITIES wish to set forth the terms and conditions of the Agreement. NOW THEREFORE, for the mutual benefits and other considerations recited herein, the parties hereto agree as follows: For the purposes of -this Agreement, the following terms shall apply: Adjusted Ton: Tonnage that is received by the processing center less any adjustment for contamination. -1- 0 I (�e - 9,� _,Z ,� Commencement_„g„f,Sgrvice: The forty-fifth (45th) day following CONTRACTOR's receipt of notification from GROUP CITIES Representative of full execution of this Agreement by GROUP CITIES. gbatamina on: 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. ptfault: The failure of CONTRACTOR to provide a material portion of any of the scope of services as outlined in this Agreement. QW-UP CITIES: Coconut Creek, Lauderhill, Margate, North Lauderdale, and Tamarac, or those cities of the aforementioned cities that have executed this Agreement. Individ1jalv : That person designated by each individual member City of the GROUP CITIES to be the person responsible for administrating Section 7 (C), (E), and (F), and Section 12 of this Agreement. tiaterials Recoverya 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. Mi-d-Point of Service Area: The mid -point of the GROUP CITIES service area is located at the intersection of Rock Island Road and West Atlantic Boulevard, Margate, Broward County, Florida. PT-octssing. CenterFacility: A Facility which accepts the delivery of Recyclable Materials which have been sorted by type by CONTRACTOR and which purchases or accepts Recyclable Materials which have been sorted by type by CONTRACTOR, as may be utilized by CONTRACTOR in the County of Broward or at any other location mandated by GROUP CITIES. Public Awareness Program: Promotional Program developed and provided by CONTRACTOR and GROUP CITIES to inform and encourage residents to use the Recycling Collection Services. 1"TTMITNIMIM MTV (a) Newspapers and aluminum cans from Multi -Family Units; clear glass containers and aluminum cans from Single Family Units and such other Recyclable Materials from Multi -Family Units or Single Family Units as the parties may agree to in writing. (b) clear glass, amber glass, green glass and mixed plastics from roll -off containers at locations established by the Individual City Representative -2- 'Z- 9 g;2 - oZ Q_ ' (c). aluminum cans and newspaper containers from dumpster locations at all City -owned facilities. Recycling Collect ces: Those services to be performed by CONTRACTOR as follows: (a) collection and separation of Recyclable Materials from locations designated by the GROUP CITIES; and (b) transportation, sale and unloading of Recyclable Materials at the Processing Center Facility. Resident: A resident of a Unit $,cute: A scheduled sequence of stops for the pick-up of Recyclable Materials by one recycling vehicle on any given day. Units: a) Multi -family Unit: a single dwelling unit within a multi -family structure, or a single dwelling unit which uses containerized trash collection. b) Single Family Unit: a single dwelling unit or a multi -family unit which uses curbside trash collection. 0 EEQ1ION 2 : TERM OF AGREEMENT A) This Agreement shall expire on December 18, 1994. E B) GROUP CITIES may, at the option of GROUP CITIES only, extend this Agreement for its convenience until June 15, 1995, by giving CONTRACTOR written notice from the GROUP CITIES Representative on or before September 15, 1994. CONTRACTOR shall continue to provide service to GROUP CITIES under the same terms and conditions contained herein should GROUP CITIES extend this Agreement as aforesaid. 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 Recycling Collection Service of newspaper and aluminum cans from Multi -Family Units located in the GROUP CITIES. 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 INS • 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 - Single Family Units Recycling Collection Service of clear glass containers and aluminum cans 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 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 10 (See Appendix A for location). 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 10 (See Appendix A for locations). SECTION 4• GROUP CITIES F&PRESENTATIVE The GROUP CITIES representative for purposes of this Agreement shall be the City of Coconut Creek (the '"GROUP CITIES Representative"), or a successor designated in writing by a majority of GROUP CITIES. _4- C� A) At such time as the CONTRACTOR or GROUP CITIES desires to expand the Recycling Collection Services into additional areas or add additional materials to the Recyclable Materials collected, the party desiring to expand said services shall submit to the other party an Expansion Proposal ("Expansion Proposal") and the party receiving such expansion proposal shall evaluate and consider the same in good faith. If CONTRACTOR and the GROUP CITIES fail to reach an Agreement with respect to the terms and conditions for expansion of the Recycling Collection Services within sixty (60) days of receipt by the other party of the Expansion Proposal, at the option of GROUP CITIES, this Agreement may be terminated upon 30-day written notice to CONTRACTOR. See Section 28, entitled 'Amortization Schedule". B) In the event GROUP CITIES does not terminate this Agreement, CONTRACTOR shall continue to perform Recycling Collection Services as provided by this Agreement for the remaining term thereof. The area and number of units serviced shall not be reduced during the term hereof unless said unit is no longer within the boundaries of the GROUP CITIES. =ION 6: TIME LL C A) Collection Day: 1. Project A: CONTRACTOR shall collect from each multi -family location a minimum of once each week on regularly scheduled routes, and shall make collections more often if needed to prevent container overflow. Collection shall be made only between the hours of 7:00 am and 7:00 pm. There shall be no collection on Sundays. 2. Project B: CONTRACTOR shall collect once each week from all single family units on regularly scheduled routes, on the. same day of the week .as newspaper recycling collection. Collection shall be made only between the hours of 7:00 am and 7:00 pm. There shall be no collection on Sundays. B) Schedule: Prior to commencing services, CONTRACTOR shall provide GROUP CITIES and each Individual City Representative with a route map or schedule. Each Individual City Representative shall have the right to approve said route map or schedule, which approval shall not be unreasonably withheld. In the event of changes in routes or schedule that will alter the day of pick-up, CONTRACTOR must receive prior written approval of each Individual City Representative. The CONTRACTOR shall notify each customer affected by direct mail or door hangers and an advertisement prominently displayed in a newspaper of -5- area -wide distribution at least once, but not less than one week prior to the change. C) Christmas Day Collection shall not be made on Christmas Day. In Project A, collection shall be scheduled the next business day. In Project B, collection shall be rescheduled on the next scheduled recycling collection day. Timely notification to residents of such rescheduling shall be the responsibility of the CONTRACTOR. D) Delay Caused by Emergency Conditions In the event an emergency, as defined in Chapter 252, Florida Statues, is declared by Broward County or by GROUP CITIES or by any member city of GROUP CITIES which causes an interruption of service, the CONTRACTOR shall notify each Individual City Representative as soon as practicable of the service interruption, and the time of anticipated restoration of service. Service interruptions of more than one (1) week duration may be grounds for immediate termination of this Agreement, notwithstanding anything to the contrary contained in Section 25 hereof, entitled "Termination of Contract upon Default". is 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 cans. 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. -6- It/e.902 _2c2_11 • B) , Project B Each single family unit shall be provided with one 12 gallon recycling container for collection of clear glass and aluminum. 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 separated into recycling collection vehicle. The emptied recycling containers shall be placed at the curb. Recyclable Materials will be delivered to the Processing Center Facility until GROUP CITIES directs CONTRACTOR to deliver the Recyclable Materials 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 10 (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 10 (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) GROUP CITIES shall not be responsible to CONTRACTOR for any disposal cost of contaminated Recyclable Materials. It is the responsibility of CONTRACTOR to place only Recyclable Materials in the collection vehicles. . IWA 11 `e- 9o?--a2o2,' 2. Drop Off Sites a) In the event a container is contaminated to the extent that 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 One (1) twelve (12) gallon recycling container 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. -8- 0 A) The CONTRACTOR shall provide the GROUP CITIES with a monthly report due by the 10th 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, market value of materials per route, 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) CONTRACTOR shall provide the GROUP CITIES and each Individual City Representative a monthly report due by the loth of each month which itemizes the amount of gross revenues paid to CONTRACTOR from the sale of recyclables individually itemized by the type of material recycled. 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, and the amount of money paid to CONTRACTOR for each type of Recyclable Material(s). A) CONTRACTOR shall keep at his local office all of the above records and any other records reasonably necessary or required to determine the accuracy of CONTRACTOR's 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. The CONTRACTOR shall transport all collected Recyclable Materials to a Processing Center -Facility located an estimated 15 miles from the Mid -Point of Service Area. The GROUP CITIES shall retain the right to direct all Recyclable Materials to any Processing Center Facility or Materials Recovery Facility designated by GROUP CITIES, or to any combination of said Processing Center Facility and -9- ` 9C2 .2-9 Materials Recovery Facility. Should the GROUP CITIES direct CONTRACTOR to a Processing Center Facility or a Materials Recovery Facility more than 15 miles, but less than 50 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, GROUP CITIES shall reopen this Agreement solely for the purpose of renegotiating the rate paid per unit per month. In addition, either party may reopen this Agreement for the purpose of renegotiating the rate paid per unit per month if GROUP CITIES directs all Recyclable Materials to a Material Recovery Facility. 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, GROUP CITIES 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. See Section 28, entitled "Amortization Schedule". 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. B) In the event there are no revenues from the sale of all Recyclable Materials, CONTRACTOR shall immediately notify GROUP CITIES. 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 GROUP CITIES and shall present to GROUP CITIES documentation, verifiable by GROUP CITIES, that the designated Processing Center Facility provided no revenue to CONTRACTOR for the delivery and sale of Recyclable Materials for the preceding ten (10) days. Upon receipt of sufficient documentation (verifiable by GROUP CITIES) from CONTRACTOR, GROUP CITIES shall review same and determine whether GROUP CITIES concurs with CONTRACTOR's assertion that no revenues have been generated from the delivery and sale of all Recyclable Materials. GROUP CITIES shall within five (5) working days of receipt of sufficient documentation (verifiable by GROUP CITIES) direct the CONTRACTOR to an alternate Processing Center Facility or Materials Recovery Facility which provides revenue for the delivery and sale of Recyclable Materials. Should GROUP CITIES be unable to locate a Facility which so provides revenue, the GROUP CITIES and CONTRACTOR shall reopen this Agreement solely for the purpose of renegotiating the rate paid per unit per month. In that event, GROUP CITIES agrees to negotiate for a period of sixty (60) days. If at the end of sixty (60) days no Agreement has been reached, GROUP CITIES has the discretion to seek other bids or proposals, and to terminate this 3tll . 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 GROUP CITIES of sufficient documentation (verifiable by GROUP CITIES) as submitted by CONTRACTOR. See Section 28, entitled "Amortization Schedule'. C) In the event the Processing Center Facility fails to accept Recyclable Materials it shall be the responsibility of the 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, GROUP CITIES agrees to reimburse CONTRACTOR for any 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 Materials Recovery Facility. After expiration of 5 days storage by CONTRACTOR, GROUP CITIES 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 Materials Recovery Facility, except pursuant to Section 9 herein, entitled "Processing Center Facility". 0 SECTI,_ON 11_:, TABOR COST AND COLLECTION VEHICLE$ 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) The GROUP CITIES shall provide two (2) collection vehicles for use 'in this Agreement. Additional vehicles or replacement vehicles shall be provided by the CONTRACTOR as needed, Vehicles shall be leased to CONTRACTOR for $1.00 per year. The lease shall be in the form attached hereto and made a part hereof as Appendix B (See Appendix B). Any additional vehicles which GROUP CITIES may provide to CONTRACTOR shall be subject to the same lease terms. Maintenance shall be the responsibility of the CONTRACTOR. In the event of equipment failure, responsibility for temporary replacement is with the CONTRACTOR. C) In the event this Agreement is terminated as provided for herein, the lease Agreement for the vehicles referenced in Section ll(B) above shall be automatically terminated and the vehicles shall be immediately redelivered to GROUP CITIES. i • D) CONTRACTOR's Personnel. 1. The CONTRACTOR shall assign a qualified person or persons to be in charge of CONTRACTOR's operations in the GROUP CITIES and shall give the name or names to the GROUP CITIES representative; information regarding the person's experience shall also be furnished. 2. The CONTRACTOR's collection employees shall wear clean uniforms or shirts bearing the Company name, except for temporary help. 3. Each employee shall, at all times, carry a valid Florida driver's license for the type of vehicle he is driving. 4. No person shall be denied employment by the CONTRACTOR for reasons of race, creed, sex or religion. 5. The CONTRACTOR shall devote sufficient personnel, time and attention to the direction of the operation to assure satisfactory performance by its employees. The first time a resident does not, properly segregate said materials, CONTRACTOR shall pick-up Recyclable Materials as described in Section 3 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 the Individual City Representative. CONTRACTOR shall be available to the GROUP CITIES for consultation regarding the effort to develop and implement a recycling public awareness program. . A) CONTRACTOR shall remit to GROUP CITIES on a monthly basis due by thirty (30) days after the end of each month fifty percent (50%) of the gross revenues received by CONTRACTOR from that month from the sale of all Recyclable Material(s). B) Each individual member city of GROUP CITIES shall pay to to CONTRACTOR on a monthly basis, net within thirty (30) days of receipt of an invoice from the CONTRACTOR. CONTRACTOR shall be paid -12- r(/ -6) o2- -d-- e2_" . upon verification of work performed and units serviced. In Project A, "units serviced" is defined to mean number of units in a multi -family complex regardless of occupancy rate. In Project B, "units serviced" is defined to mean those single family units currently receiving a water bill from a member of the GROUP CITIES. 0 C) New unit(s) shall be billed commencing the month a utility account was opened with a member of the GROUP CITIES. D) All amounts billed by the GROUP CITIES on behalf of CONTRACTOR for recycling shall be segregated and accounted for in a proper liability account for each member city. Each member of the GROUP CITIES 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 the CONTRACTOR. A) Project A - The price paid to CONTRACTOR shall be S.57 (Fifty-seven Cents) per multi -family unit per month. If GROUP CITIES provides CONTRACTOR with a third collection vehicle within ninety (90) days after notification of full execution of this Agreement, the price paid to CONTRACTOR shall be S.54 (Fifty-four Cents) per multi -family unit per month. B) Project B - The price paid to CONTRACTOR shall be S.60 (Sixty Cents) per single family unit per month. C) The above rates shall be increased or decreased each year during the term of this Agreement on the anniversary date of commencement" of service 'in accordance with the percentage change in. the Consumer Price Index -All Urban Consumers for the previous calendar year for Miami, Florida, as published by the U.S. Department of Labor. The members of the GROUP CITIES agree to take such steps as may be reasonably necessary to protect the ownership of all Recyclable Materials placed for collection by CONTRACTOR under the terms of this Agreement and .shall reasonably enforce anti -scavenging ordinances adopted by each member of the GROUP CITIES. The GROUP CITIES shall have adopted prior to or simultaneously with the execution of this Agreement or prior to the Commencement of Service individual ordinances of each member city mandating that each participating unit in the program shall recycle materials as defined in Section 3 of this Agreement. SWt CONTRACTOR, at its sole cost and expense, shall maintain during the term of this Agreement all permits, licenses and approvals necessary or required for CONTRACTOR to perform the work and services described herein. A) The CONTRACTOR shall cooperate with authorized representatives of the GROUP CITIES in every reasonable way in order to facilitate the progress of the work contemplated under this Agreement. It shall have at all times a competent and reliable representative on duty authorized to receive orders and to act for it. B) CONTRACTOR shall take all reasonable steps and do all things necessary to insure good and harmonious customer relations in the service area. CONTRACTOR agrees that it shall have twenty-four (24) hour local telephone service and shall maintain local office hours between 8:30 A.M. and 5:00 P:M, on regular and normal working days. C) If the collection of any unit is missed during the regular route collection, the CONTRACTOR shall insure that the missed collection be picked up within twenty-four (24) (not including Sundays) hours of the regularly scheduled collection time or after such notification. Any deviation to this provision must be approved by the GROUP CITIES. D) The CONTRACTOR shall make every reasonable effort to resolve all complaints within twenty-four (24) hours from their receipt by the CONTRACTOR. Not later than the tenth (10) calendar day of each month, the CONTRACTOR shall submit to the GROUP CITIES, representative a written report setting forth the number and nature of complaints received and the number satisfactorily resolved during the preceding calendar month. The CONTRACTOR shall notify all customers being serviced of a telephone number to be called when registering a complaint in the time specified. CONTRACTOR shall perform all work and services described herein as an independent CONTRACTOR and not as an officer, agent, servant or employee of the GROUP CITIES. CONTRACTOR shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between GROUP CITIES and CONTRACTOR. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of GROUP CITIES, and no such person shall be entitled to any benefits available or granted to employees of GROUP CITIES. -14- 510) 0 % 1 e w It is contemplated that all services provided for in this Agreement shall be performed by CONTRACTOR. Neither CONTRACTOR nor GROUP CITIES or any individual member city of GROUP CITIES shall assign, sell, convey, or otherwise transfer this Agreement or its rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. Said approval shall not be unreasonably withheld. CONTRACTOR may only request any transfer of his rights and responsibilities under this Agreement should fifty percent (50%) or more of the stock or assets of CONTRACTOR be transferred to a third party. GROUP CITIES recognizes and agrees that Southeastern Reclamation, a division of Southeastern Machine Company, Inc., is an approved sub -contractor of CONTRACTOR. CONTRACTOR agrees that if it assigns any part of the responsibilities for performance of this Agreement to any other sub -contractor, said sub -contractor shall be required to perform in the same manner and under the same terms and conditions as is required of the CONTRACTOR. . CONTRACTOR agrees that, in the performance of work and services under this Agreement, CONTRACTOR will qualify under and comply with any and all federal, state and local laws and regulations now in effect, or hereafter enacted during the term of this Agreement, which are applicable to CONTRACTOR, its employees, agents or sub -contractors, if any, with respect to the work and services described herein. SECTION 23: INSURANCE A) Insurance Requirements: Throughout the term of this Agreement, CONTRACTOR shall maintain in force at its own expense, insurance as follows: B) Worker's Compensation: Worker's Compensation insurance, with statutory limits, including coverage for Employer's Liability, with limits not less than $100,000 each accident, $100,000 each disease, and $500,000 aggregate disease. In the case of any work sublet, the CONTRACTOR shall require the subcontractor similarly to provide statutory Worker's Compensation and Employer's Liability insurance with the same limits as those required above of the CONTRACTOR. C) General Liability: Comprehensive General Liability insurance with limits not less than $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverage for contractual liability, personal injury, broad' form property -15- 0 r_1 damage, products and completed operations. These coverages are required by the CONTRACTOR and any subcontractor or person, firm or corporation directly or indirectly employed by either of them. D). Automobile Liability: Comprehensive or Business Automobile Liability insurance with limits not less than $500,000 each occurrence combined single limit for Bodily Injury and Property Damage including coverages for owned, hired, and non -owned vehicles as applicable. The CONTRACTOR and its subcontractors shall also maintain these same coverages with the same limits as shall protect it against claims for damages resulting from bodily injury, including wrongful death, and property damage which may arise from the operations of any owned, hired, or non -owned automobiles and/or equipment used by it in any capacity in connection with the carrying out of this Agreement. E) Property: Garagekeeper's legal liability insurance, comprehensive form, with limits not less than $300,000 each occurrence and any deductible not to exceed $1,000. F) General: All policies submitted shall be written on an ^'occurrence" basis. 1. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit and provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence limits specified above. 2. Should any required insurance lapse during the term of this Agreement, requests for payments originating after such lapse shall not be processed until the GROUP CITIES receive satisfactory evidence of reinstated coverage as required by this Agreement, effective as of the lapse date. If insurance is not reinstated, GROUP CITIES may, at their sole option, terminate this Agreement effective as of the date of such lapse of insurance. 3. Liability policies shall be endorsed to provide the following: a) - Name as additional insureds the JOINT GROUP CITIES and the Cities of Coconut Creek, Lauderhill, Margate, North Lauderdale, and Tamarac, and their Officers, Agents, Employees, and Members of Councils. b) - That such insurance is primary to any other insurance available to the additional insureds with respect to claims covered under the policy and that insurance applies separately to each insured against whom claims is made or -16- suit is brought, but the inclusion of more than one insured shall not operate to increase the insurer's limit of liability. 4. All policies shall be endorsed to provide thirty days prior written notice of cancellation, non -renewal or reduction in coverage or limits to the following, unless otherwise notified in writing by GROUP CITIES: City Manager City of Coconut Creek 4800 West Copans Road Post Office Box 63/4007 Coconut Creek, Florida 33063 5. Prior to Commencement of Service for this Agreement, certificates of insurance, in form and with insurers acceptable to the GROUP CITIES evidencing all required insurance, shall be furnished to GROUP CITIES Representative with complete copies of all policies in a form satisfactory to the GROUP CITIES. G) Subcontractor's Insurance: The CONTRACTOR shall require each of its Subcontractors to maintain during the term of any subcontract the same insurance coverages required of the CONTRACTOR. Each Subcontractor shall furnish to the CONTRACTOR two copies of the . Certificate of Insurance, and CONTRACTOR shall furnish one copy of the Certificate to the GROUP CITIES Representative. H) Insurance Company and Agent: All insurance policies herein required of the CONTRACTOR shall be written by a company with a Best's rating of B + V or better and duly authorized and licensed to do business in the State of Florida and be executed by same agents, thereof, duly licensed as agents in said state. I) Safety:_ The CONTRACTOR shall be solely and completely responsible for conditions of the job site, including safety of all persons (including employees) and property during performance of the work. The requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform. to U.S. Department of Labor (OSHA), Florida Department of Labor (DOL), and all other applicable Federal, State, County, and local laws, ordinances, codes, and regulations. Where any of these are in conflict, the more stringent requirement shall be followed. The CONTRACTOR's failure to thoroughly familiarize himself with the aforementioned safety provisions shall not relieve it from compliance with the obligations and penalties set forth therein. The CONTRACTOR shall indemnify and hold harmless the GROUP CITIES, jointly and severally, from and against any and all claims, -17- damages, losses and expenses, including attorney's fees, and costs, whether incurred in litigation, appeals, or otherwise, up to and including the United States Supreme Court arising out of or resulting from the performance of the work, provided that any such claim, damages, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not the same is caused in part by a party indemnified hereunder. In any and all such claims against the GROUP CITIES, or any of their agents or employees by any employee of the CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this section shall be not limited in any way by any limitation on the amount'or type of damages, compensation or benefits payable by or for the CONTRACTOR, or any Subcontractor under worker's compensation acts, disability benefit acts or other employee benefit acts. At the sole option of GROUP CITIES, CONTRACTOR shall defend GROUP CITIES, jointly and severally,or shall be liable to pay for the defense of GROUP CITIES jointly and severally by legal counsel of GROUP CITIES' choice. Nothing in this section shall affect the immunities of the GROUP CITIES pursuant to Chapter 768, Florida Statutes. 0 SECTION _25-�-SFRMINAJION„OF CONTg&CT UPON DEFAULT 0 A) In the event the CONTRACTOR defaults in the performance of any of the material covenants or Agreements to be kept, done or performed by it under the terms of this Agreement, GROUP CITIES shall notify CONTRACTOR in writing of the nature of such default and within fifteen (15) days following receipt by CONTRACTOR of such notice: 1. CONTRACTOR shall correct the default; or 2. In the event of a default not capable of being corrected within fifteen (15) days, as determined by GROUP CITIES, CONTRACTOR shall commence correcting the default within fifteen (15) days of GROUP CITIES notification thereof, and thereafter,, correct the default with due diligence. In any event, if the default is not corrected within sixty (60) days of notification by GROUP CITIES, this Agreement may be terminated in accordance with Section 25 (B) (1) and (2). At the sole option of GROUP CITIES, one (1) sixty (60) day extension may be granted upon the expiration of the initial sixty (60) days. a11 B) If CONTRACTOR fails to correct the default as provided above, GROUP CITIES, without further notice, shall have all of the following rights and remedies which GROUP CITIES may exercise singly or in combination; 1. The right to declare that this Agreement together with all rights granted CONTRACTOR hereunder are terminated, effective upon such date as GROUP CITIES shall designate; and 2. The right to license others to perform the services otherwise to be performed by CONTRACTOR, or to perform itself the services otherwise to be performed by CONTRACTOR. 3. The right to waive any default as provided in Section 31 of this Agreement entitled "Waiver". C) CONTRACTOR shall be responsible and liable for any and all damages of GROUP CITIES as provided by law. URN ._Y UIN, wil WK41115 4 • . In the event the Processing Center Facility charges a fee to accept Recyclable Materials as specified herein, the CONTRACTOR shall notify the GROUP CITIES in writing by certified mail, return receipt • requested within fifteen (15) days, at which time the GROUP CITIES 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. 2. To reimburse CONTRACTOR for actual costs incurred due to the storage of materials or other methods . of disposing of the Recyclable Materials. B) GROUP CITIES reserve 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 Section 26A. C) GROUP CITIES may elect to terminate this Agreement based on the foregoing, and CONTRACTOR shall be paid according to the amortization schedule contained in Section 28 of this Agreement entitled "Amortization Schedule. GROUP CITIES reserves the right to terminate this Agreement upon sixty (60) days written notice to CONTRACTOR subject only to the amortization schedule contained in Section 28 of this Agreement and -19- ipayment for services rendered through the date of termination. F�I.3i�f��I�3�C•�� . :. • r Should the GROUP CITIES terminate this Agreement only for the reasons contained in Section 5, entitled, "Implementation and Expansion of Services" or Section 9, entitled, "Processing Center Facility" or Section 10 entitled, "Ownership, Transportation and Sale of Recyclable Materials" or Section 26, entitled, "Cancellation or Annulment of Contract", or Section 27, . entitled, "Termination of Agreement", CONTRACTOR shall be paid according to the following schedule and shall have no further claim for any damages under this Agreement. CONTRACTOR shall not be paid should the GROUP CITIES terminate this Agreement pursuant to Section 25, entitled, "Termination of Contract Upon Default". Termination prior to December 18, 1992 ------ $100,000.00 Termination prior to December 18, 1993 ------ $50,000.00 Termination prior to December 18, 1994 ------ $15,000.00 All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt . requested, addressed to the parties as follows: Cl To: GROUP CITIES City of Coconut Creek City Manager 4800 West Copans Road Post Office Box 63/4007 Coconut Creek, Florida 33063 To: CONTRACTOR All Service Refuse Company Inc. Care of: Hudson Management Corp. 825 N. W. 31st Avenue Fort Lauderdale, Florida 33311 Attn: Harold Carter Copies of any notice by any party hereto shall be forwarded by U.S. Mail to: Mayor The City of Lauderhill 2000 City Hall Drive Lauderhill, Florida 33313 City Manager The City of Margate 5790 Margate Boulevard Margate, Florida 33063-3699 -20- City Manager The City of North Lauderdale 701 S.W. 71st Avenue North Lauderdale, Florida 33068-2395 City Manager The City of Tamarac 7525 N.W. 88th Avenue Tamarac, Florida 33321-2401 CONTRACTOR shall at all times during the term of this Agreement keep in full force and effect a $100,000.00 performance bond in favor of GROUP CITIES posted by a bonding company/agent duly licensed to do business within the State of Florida. Said bond shall be given to the GROUP CITIES representative upon execution of this Agreement by CONTRACTOR, and shall be in a form satisfactory to GROUP CITIES. R A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. This Agreement is entered into and is to be performed in the State of Florida. GROUP CITIES and CONTRACTOR agree that the law of the State of Florida shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. For purposes of this section, venue shall be in the County of Broward, Florida. Section headings inserted herein are for convenience only, and are not intended to be used as aids to interpretation and are not binding on the parties. SECTION 34: AMENDMENT This Agreement may be modified or amended only by a written Agreement duly executed by both parties hereto. SECTION 35 DRAFTING This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such parties' preparation of this Agreement. -21- Iz V The Non -Prevailing Party shall also be liable to the Prevailing Party for all costs, expenses, attorneys' fees and damages at the trial and appellate level, up to and including the U.S. Supreme Court, which may be incurred or sustained by the Prevailing Party by reason of the Non -Prevailing Party's breach of any of the provisions of this Agreement, whether or not litigation is involved in any such breach. All parties to this.Agreement have been represented by their respective counsel. The parties hereto acknowledge having read this Agreement and discussed the terms of this Agreement with their respective counsel and elected officials, and that the approval and execution of this Agreement has been made freely and voluntarily with full knowledge of its legal effect. __T�_.. —9:Ut 4VA4446e. The invalidity of one or more of the phrases, sentences, clauses or Sections contained in this Agreement shall not affect the validity of the remaining portions of the Agreement so long as the material purposes of this Agreement can be determined and effectuated. 0 SIiC_T_ION_39,_, SUCCESSORS This Agreement shall be binding upon the parties hereto and their successors. C_ 1 All of the terms, conditions, provisions, and representations contained in this Agreement shall survive and transcend the execution and termination of this Agreement. A) It is contemplated that all five (5) member cities of GROUP CITIES shall execute this Agreement. This Agreement shall be effective and binding on only those parties executing this Agreement. However, in order for this Agreement to be effective and binding on the member cities of GROUP CITIES who have executed this Agreement, a minimum of three (3) member cities of GROUP CITIES shall have executed this Agreement on or before March 15, 1992. B) In the event this Agreement is not executed by at least three (3) member cities of GROUP CITIES by March 15, 1992, this Agreement shall never be effective, shall be void ab initio, and shall not have any further force and effect. In 'said event, CONTRACTOR acknowledges and agrees that CONTRACTOR shall not be paid for any IF*z <<t4� , 9oz _P2�, services, and shall not be entitled to be paid any money whatsoever in said event, and shall not be entitled to any damages, for any reason. A) Any liability of GROUP CITIES resulting from this Agreement shall be apportioned in equal shares between each member city of GROUP CITIES that has executed this Agreement. B) Any assets of GROUP CITIES purchased or owned with regard to this Agreement, including but not limited to revenues generated by this Agreement, shall be apportioned in equal shares between each member city of GROUP CITIES that has executed this Agreement. • . MM 0 4 dem � ; 0. A) A unanimous vote of each member city of GROUP CITIES that has executed this Agreement shall be required to invoke any of the termination provisions set forth in Section 28 of this Agreement. B) For all other Sections of this Agreement, with the exception of Section 28, wherein a decision of GROUP CITIES is necessary, a majority vote of the member cities of GROUP CITIES that have executed this Agreement shall be required. SECTION 4• ENTIRETY This Agreement and any Exhibits attached hereto contain the entire Agreement between the parties as to the matters contained herein. Any oral representation or modifications concerning this 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: PA IM CROUP CITIES: CITY OF COCONUT CREEK By: Title: Attest• Approved as to form and sufficiency: Dated: CITY OF LAUDERHILL By: Title: Attest: Approved as to form and sufficiency:_ Dated: r �-��, � t� 1 w CITY OF MARGATE By: Title: Attest: Approved as to form . and sufficiency: Dated: CITY OF NORTH LAUDERDALE By: Title: Attest: Approved as to form and sufficiency: Dated: CI'i' r F TAMARAC By jd6iquBY - Title Mayor T tle City Mana er Attest: Approved as to fo and sufficiency: Dated: D �j Typed for: NANCY COUSINS 2/10/92 Document Name: JCCRP.DOC 44 -