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:
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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.
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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
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(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.
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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
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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.
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• 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
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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.
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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
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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
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. 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
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. 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.
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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
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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 -