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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-0431 2 3 1 5 1.1 9 Temp. Reso . # 1442 S CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92-� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA; EXPRESSING THE INTENTION OF THE COUNCIL TO NOT AUTOMATICALLY RENEW THE CONTRACT BETWEEN TAMARAC AND WASTE MANAGEMENT, INC. (COPY ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A") FOR SOLID WASTE COLLECTION AND DISPOSAL; DIRECTING THE CITY MANAGER TO NOTIFY WASTE MANAGEMENT, INC. OF THE CITY'S INTENT TO TERMINATE THE CONTRACT AT THE END OF ITS ORIGINAL TERM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PRQY,IpIMQ FQR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to not automatically renew the existing agreement for solid waste collection and to instead seek competitive bids for the providing of this service-. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECT,IQU 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this resolution. SF.CTION,2_::_ The City Council of the City of Tamarac, Florida expresses its intent to not automatically renew the contract between Tamarac and Waste Management, Inc. (attached hereto and incorporated herein as Exhibit "A") for solid waste collection and disposal. SECTI.,(, K a: The City Manager is directed to notify Waste Management, Inc. of the City's intent to terminate the contract at the end of its original term. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdictiofi to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECT,ION L, This Resolution shall become effective immediately upon its passage and adoption. �n PASSED, ADOPTED AND APPROVED this air -Cray Of 1992. H.L. BENDER MAYOR ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I RECORD OF CC LWCIL VOTE have approved this MAYOR R,SKLUTION as to f rm. DISTRICT t DISTRICT 2: M TCHELL S . K DISTRICT 3: 1 CITY ATTORUtY DISTRICT 4: _�.. Af), {'VCw,)t , RESO-WASTE MANAGEMENT x r�- CONTRACT FOR . SOLID WASTE COLLECTION AND DISPOSAL THIS CONTRACT made and entered into the G4 day of 1987. by and between the CITY OF TAMARAC. a municipal corporation of the State of Florida (hereinafter referred to as "City"). acting by and through its duly authorized City Council and Waste Management Inc. of Florida (hereinafter referred to as "Contractor"). W I T N E S S E T H• WHEREAS, Contractor and City wish to set forth the terms and conditions of the contract for the provision of garbage and trash collection by Contractor. NO;.'. THEREFORE, for the mutual benefits and other considerations recited herein, the parties hereto agree as follows: SECTION .1: DEFINITIONS 1.01 Definitions in this contract are intended to . further clarify terms used in the solid waste industry. 1,02 City shall mean the City of Tamarac, acting th.tcueh the City Council or its City Manager designated by the Cuuocil, as the case may be. 1.03 Contractor shall mean Waste Management Inc. of Florida, a Florida corporation. A list of all officers, Ptir,;patr mn1 stockholders who own more than ten percent (102) of cOMPany is attached. 1.04 Refuse — The word•"refuse" shall include garbage and trash, as hereinafter defined, and all trash, rubbish, paper, glass, metal and other discarded matter which is abandoned in the City for disposal.. 1 1.05 Gaffe - The word "garbage" is hereby defined to mean every refuse accumulation of animal, fruit or vegetable Matter that attends the preparation, use In cooking and dealing in or storage of meats, fish, fowl, fruit or vegetables; any matter of any nature whatsoever which is subject to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or' feeding material for flies or other germ -carrying Insects; and any bottles, cans or other containers, utilized in normal household use, which, due to their facility to retain water, may serve as breeding places for mosquitoes or other insects. 1.06 Household Trash - The words "household trash" shall herein refer to accumulations of paper, magazines, packaging, containers, sweepings and all otter accuc:ulatiGns of a nature other than garbage or lawn trash, wU ch are usce_ tc housekeeping and to the operation of stores, offices and ct!.r-r business places. 1.07 Garden and Lawn Trash - The word "garden and le.n trash" shall mean all accumulations of grass, leaves, shru','rr•, vines, tree branches and trimming:, which are normally asscc� �E with the care and maintenance of landscaping. 1.08 Residential Service - The term "residential service" shall herein refer to the refuse collection service provided to all residential dwelling unit., including Houses, Duplexes. Triplexes, Condominiums and Mobile Homes. within, the contract collection area. Rental apartments are excluded fre77 this Agreement unless subsequently Included pursuant to Section 13.03 hereof. 1.09 SvecIaL Service -.The term "special service" shill mean any collection or disposal service provided which exceeds ;`e uniform level of service provided under residential service — systems, as per the contract, and for which a special service charpe is applied. it _g�_- Y,]t> " 1.10 Refuse -Re ulations - The term "refuse regulations" \ c shall herein refer to such administrative rubs, regulations and procedures as may be established for the purpose of carrying out or making effective the provisions of this contract. 1.11 Curbside - The word "curbside" shall herein refer to the designated physical location for the placement of 'refuse accumulations intended for residential service collection and disposal. This designsted location shall be as near as possible to the traveled street normally serviced by refuse collection vehicles, but in no case upon such street. The intention of a curbside designation is to allow collection by the Contractor s personnel in a rapid manner with walking or reaching minimized. In all cases, the Contractor shall have the authority to specify the precise location for such curbside placement. subject to aypro%al by the City Manager. Curbside requirements shall not apply to condominiums and other multi -family residential buildings that use garbage dumpsters, or to residential customers who Cpurchase special services. 1•:2 Garbage Can shall be defined to mean a plastic or galvanized metal can of a type commonly sold as a garbage can with a cF,acity not to exceed 32 gallons, and each such can shall have twc (2) handles in the sides of the can or bail by which, it may be lifted and shall have a tight -fitting top. 1.13 Surety shell mean the party who is bound with and for the Contractor to insure the payment of all lawful debts to, and for the acceptable performance of, the contract. 1.14 ]Performance $ond shall mean the form of security approved by the City and furnished by the Contractor as a guarantee that the Contractor will execute the work in accordance with the terms of the tontrmct and will pay all lawful claims. 0 3 I e- �'2- 43 " 1.15 Mechanical Container - shall mean a container of sizes two (2) through eight (8) cubic yards which is emptied by a forktype front-end loader or rear -end loader truck (or similar mechanism) and is a container sometimes commonly referred to as a sleeved container "dumpster". 1116 Proper Vehicles - any vehicle which is not in violation of any provision of this contract is a proper vehicle. 1.17 Contract Collection Area - shall include all of the City of Tamarac, Florida, as the boundaries of said City shall exist at all times during the life of this contract. Contractor agrees that limits of this contract are subject to expansion or reduction by annexation or contraction of municipal boundaries. ilia Condominium - Multi -family residential apartment buildings that are on the Broward County tax rolls as condominiur ownership and assessment, and are designed for mecbar.ica'_ container (dumpster) garbage and trash pick-up service. 1.19 Bulky Waste - The term "bulky waste" shall here_n refer to all normal household discard items too large or heavy to be containerized, bagged or bundled properly for regular garbage and trash collections. These items include, but are not li:-ited to, appliances, furniture, law-i care equipment, bicycles, etc. SECTION 2: TERM AND SCOPE OF WORY. TERM: This initial contract shall commence and shall be and remain in full force and effect for a period of five (5) years beginning at 700 a.m. on the first day of October, 1987f provides furthermore, this contract shall thereafter be automaticalay renewed for a five (5) consecutive year period under the sa-,e terms, conditions and limitations imposed hereby unless the Contractor or the City shall give notice to the other of an intent to terminate this contract or to renegotiate same at the end of its original term which said notice $hall be delivered by Certified Mail, Return Receipt Requested, not later than 120 days prior to the and of the original five (5) year term. For purposes 4 of such notification, the City's address shall be: Clerk, City of 08"Iarac, 5811 N. W. 88th Avenue, Tamarac, Florida and the Contrac- tor's place of notification shall be: Waste Management, Inc. of Florida, 2700 N. W. 48th Street, Pompano Beach, Florida 33067. SCOPE: Contractor shall have the exclusive right to and the sole obligation for the collection and disposal of all Residential refuse within the contract collectibn area except as specifically excluded in this contract. 2.01 Residential Service - Other than C dominium (a) Frequency - The Contractor shall collect garbage from places of residence within the contract collection area two (2) times per week, with collection at least three (3) days mart. In addition, the Contractor shall collect household trash plus garden and yard trash clippings and branches properly containerized or tied in bundles not exceeding five (5) feet in length and any other domestic discards which may be reasonably ha Lied by pickup crews, on the same days as garbage. bulky wastes sha12 be collected by the Contractor quarterly on the residence's first scheduled pick-up day in the months of February, May, August 0 and Nover..ber of each year unless an alternative schedule is agreed to by the Contractor and City Manager. (The Contractor shall notify tt.e public of the schedule of collection in a manner satisfactory- to the City). The first collection per day Iwill not be before 7:30 a.m. (b) Quantity - The Contractor shall be required to pick up all garbage, trash and bulky wastes generated from a residential unit in the Contractor's -collection area. provided that same, excluding bulky waste, is properly prepared in containers or plastic bags individually holding not'more than 32 gallons and weighing not more than 40 pounds. and placed for collection. 0 5 (0 (c) Residential Garbs e: Where - Curbside gar- bage service is hereby provided for in this contract. (d) Residential Garbage: 1 w - The Contractor shall make collections with a minimum of noise and disturbance to the householder. Garbage receptacles shall be handled carefu_'_y by the Contractor and shall be thoroughly emptied and then left where they were found. Atanding upright. Any. garbage or trash spilled by the Contractor shall be picked up immediately by the Contractor. (e) Residential Trash (1) Usual household trash may be placed in garbage cans or plastic bags each not exceeding 32 gallons used by the household and will be picked up in the same manner as garbage. (2) Garden and yard trash shall be collected frc,- curbside. (f) Title to Garbs a and Trash - Title to garlote and trash shall immediately vest in the Contractor urea, t;:c4 garbage and trash being collected by the Contractor. Tr.. 1 Provision will not apply to a program for newspaper collecticr, or any -other resource recovery program instituted by City or Cc,u:.-. . ` (g) Mechanical Containers - Contractor will provide, at no cost, mechanical containers for each condor..ir.iur. in the City of a size at least equal to that used by the condorr-:,i,,r prior to Contractor's engagement. (The minimun. standard shall I( - four (4) cubic yards for, each 50 units served.) Contractor w4113 provide at no additional cost, mechanical containers equivalent to a minimum of at least four (4) cubic yards for each 50 condonini.-. units that are in the City. 6 Rga93° (h) Mobile Homes, if any, shall be serviced as residential other than•condominiums. 2.02 Mechanical Container Service — Condominiums and Citv - (a) Freauencv — Refuse Collection shall be twice weekly at least three (3) days apart. The first collection per day will not be before 7:30 a.m. The City acknowledges that Contractor"s service will be provided during a six (6) day work week, i.e., Monday through Saturday inclusive. Contractor agrees not to make any waste collections on a Sunday except dumpster service that may be specificall. requested by condominium customers. (b) Where — Container refuse customers sha:1 accumulate refuse at locations that are mutually agreed upon ty . the customer and the Contractor and which are convenient fc- collection by the Contractor. Where mutual agreement is not reached, the City shall designate the location. (c) Container Refuse How — The Contractor shall :Hake collection with as littleidisturbance as possible. ficicee receptacles shall be thoroughly emptied. Any refuse spilled t} the Contractor shall.be picked up immediately by the Contractor. (d) Bulky Waste — Bulky and heavy items stall to placed at the appropriate refuse location for collection, as Indication, in Section 2.01 (a) of this Agreement. (a) That the religious houses of worship, hav2nr facilities situated within the City shall be entitled to one (1) waste collection pick—up per week collected from a two (2) cuCic yard dumpster at no charge for the service; provided, however, that if any such religious organization shall operate a school ca the premises of its facility, such school shall obtain a se;.ar�tE { dumpster with waste collection service to be provided t% • 7 Contractor at the usual commercial ratesi and provided that Contractor is the only garbage removal service serving the premises; unless otherwise agreed between the Contractor and the religious organization. The following is a list of the religious houses of worship presently situated in the City for purposes of this Agreements Calvary Baptist Church 2800 West Prospect Road - Phones 733-7050 St. Malachy's 7200 North University Drive - Phones 722-5337 United Church of Christ 6201 N.W. 57th Street - Phones 721-1232 Ringdom Hall of Jehovah's Witness 9904 N.W. 77th Street - Phone: 721-2290 Tamarac Jewish Center 9101 N.W. 57th Street - Phones 721-7660 All Saints Lutheran Church 7915 West Mchab Road - Phones 721-3560 Woodlands United Methodist Church 6901 N.W. 70th Street - Phones 721-1560 Aldersgate United Methodist Church 4905 W. prospect Road - Phones 752-0333 Full Gospel Tabernacle 7457 N.W. 57th Street - Phones 722-1990 Congregation Nigdal David 8575 West McNab Road - Phone: 726-35,83 Congregation Seth Tefilah 6435 W. Commercial Boulevard - Phones 726-7756 • 2.03 Containers shall be provided by the Contractor at the following locations and serviced by the Contractor as needed by City at no cost to the City& CITY HALL 5811 N.W. 88th Avenue - 5 Cu. Yds. PUBLIC WORKS COMPOUND 5650 N.W. 88th Avenue - 30 Cu. Yds. FIRS STATION (West) 7501 N.W. 88th Avenue - 2 Cu. Yds. 0 FIRE STATION (East) 2 Cu. Yds. 4801 West Commercial Boulevard TAMARAC PARK 4 Cu. Yds. 7601 North University Drive Additional locations (up to three (3)) may be specified by the City Manager. 2.04 (a) Maintenance - All containers provided by the Contractor in the City shall be scheduled for maintenance not less than once every three (3) years. In the case of containers used primarily for garbage, as defined in this contract not less than once every (2) years, maintenance shall be performed by the Contractor. which shall include a minimum of cleaning ar,d painting. (b) Compensation - Contractor shall net to entitled to a fee for the services provided in Paragraphs 2.C3 cr 2.04. 2.05 Vacant Lots - Contractor is not required to prc%ade service to vacant lots. Waste collection services for vacant lets. shall be subject to negotiation between the Contractor ar,' thu owner or other party desiring such service. It will nct bc' t!- responsibility of the I Contractor to remove waste resultinE fr:- clearing property for building purposes. SECTION 3_ SCHEDULES AND ROUTES 3.01 Ig General (a) Establishing and Mai„ntainint - Prior to cc,r,- mencing services. Contractor shall provide the City Manager witl a designation of routes and schedules so that a route map can tc prepared. Contractor shall abide by the routes end schedules filed with and maintained for the City. Contractor shall h;;re tt;e right to amend said routes and schedules subject to appr"oval of the City Manager, which approval shall not be unreascnat2� 9 C. • withheld. Customers under this contract shall receive reasonable notification of the schedules provided by this contract prior to the commencement of service and prior to the change of any schedule once established. Contractor shall be responsible for providing such notification. (b) 5easonal Quantity Fluctuations - Contractor acknowledges that at times.during the year the quantity of refuse is materially increased by fluctuation in the amount of garden and yard trash. This additional load will not be considered a justi- fication for the failure of Contractor to maintain the established schedules and routes. Contractor shall be responsible for removal of all refuse. 3.02 Storm - In case of storm or other disaster, the City Manager may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such stor-. or disaster, the Contractor shall advise the City and the customer of the estimated time required before regular schedules and routes can be resumed. Where it is necessary for the Contractor and the C.itti to acquire additional equipment and to hire extra cre%s to clear. the City of debris and refuse resulting from the storr.. or disaster, the Contractor shall work with the City in all pess,ble %ways for the efficient and rapid cleanup of such debris and refuse. The Contractor shall receive extra compensation above the contract ■greement for additional men, overtime and cost of rental equipment, provided Contractor has first secured prior writter, authorization from the City Manager to utilize and hire additional labor and equipment and to incur overtime. Said extra compensation shall be calculated on the basis of Contractor's actual cost for additional labor, equiprent and materials plus a reasonable amount as overhead and profit to 1G L91 3 be negotiated. Contractor shall provide the City with sufficient records to clearly support its claim for additional compensation. 3.03 Miscellaneous (a) Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish refuse collection in any case where the owner or tenants have such animals at.large. Contractor shall immediately. notify the City Manager in writing of such condition and of its inability to make collection because of such condition. SECTION 4; CONTRACTOR'S RELATION TO CITY 4.01 Contractor as lnde endent Contractor — It is expressly agreed and understood that the Contractor is in all respects an independent contractor as to the work. Even though, in certai!. respects, the Contractor may be required to follow the directions of the City Manager, the Contractor is in no respect an agent, servant or employee of the City. This contract specifies the worF to be done by the Contractor, but the method to be employed to accomplish this work shalli be the responsibility of the Contractor, unless otherwise provided in the contract. 4.02 Su ervision of -Contract Performance (a) The City Manager or his designee is hrret% designated as the official responsible for administration of this contract by the City and, in such capacity, is charged with the general supervision of Contractor's performance hereunder. (b) Contractor will diligently work with said official to formulate and adopt guidelines and procedures to facilitate the supervision and review of its performance by said official and his staff. (c) Contractor shall not be required to corr.c with instructions or directions iron any other official of the 1] r� _0,a 3 K1 �0ity unless such other official has been delegated in writing by the City Manager to perform specific administrative functions under this contract. 4.03 Inspection of 'Work (a) The Contractor shall furnish the City with every reasonable opportunity for ascertaining whether or not the work is performed in accordance with the requirements of this contract. (b) The Contractor shall designate. in writing, the person to serve as agent and liaison between its organization and the City. (c) The City Manager may appoint qualified persons to inspect the Contractor's operation and equipment at any reasonable time, and the Contractor shall permit authorized representatives of the City to make such inspections at any reasonable tire and placed. 4.04 Liability for Delays or Non -Performance Due to Cunusual Circumstances (a) It is expressly agreed that in no event shall tt;e City be liable or responsible to the Contractor or to any otter person on account of any stoppage or delay in the work herear. provided for, by injunction or other legal or equitable proceedings brought against the City or Contractor, or en account Gi any delay from any cause over which the city has no control. (b) The Contractor shall not be responsible for cF_.•S or non-performance of the terms and provisions of this Contract where such delays or non-performance are caused by events or circumstances over which the Contractor has no control, including riots, civil disturbances, or acts of Cod; provided, however, that in the event of any such non-performance or delay resulting from events or circumstances beyond the control of the Contractor, the Contractor shall not be entitled to compensation l.. i 12 for such period of time as the delay or non-performance shall con tin,�e. (c) In the event of a strike of the employees of Contractor, or any other similar labor dispute which makes performance of this contract by Contractor substantially impossible. Contractor agrees that the City shall have the right to call the bond and engage another firm to provide necessary service with the bond proceeds applied to pay any difference between the contract price in effect and the costs charged by the second company. The City may also elect to take temporary possession of the equipment of Contractor normally used to collect garbaFe within the municipal limits of the City and to operate the same until Contractor is able to resume its obligations under this contract. In the event the bond is called,. City will first call and use the cash bond posted by Contractor. C4.05 Breach of Contract - If, in the opinion of the City `tanager there has been a breach of contract, the City Manager shall notify the Contractor, in writing, specifying the manner in which there Ptas been a breach of contract. If, within a period of seer (7) dot's, the Contractor has not eliminated the conditions c_r.s.?ered to be a breach of contract, the City Attorney, shall so notify the City Council, and a hearing shall be set for a date ulth:n fifteen (15) days of such, notice. On that date, the City Ccc7cil shall hear the Contractor and the City's representatives Pr' E!:a11 rc:•r a determination as to whether or not there has been a breach of contract and shall direct what further action shall be taken by the City, as hereinafter provided. Pending resolution of the alleged breath, the Contractor shall be governed by the provisions of Section 16 below. 4.06 Cancellation or Annulment of Contract - If the Contractor fails to begin work at the time specified or 13 i (ef - g,-2q 3 ' - discontinues the prosecution of the work or any portion thereof for any cause not excused as provided in paragraph 4.04 hereof. and if the City Council gives written notice of such default or failure to perform, and if the Contractor or its surety fails to cure such default within two (2) days after the receipt of such notice from the City, the City may thereupon. by action of the City Council, declare the contract cancelled or'in breach. Upon such -declaration of cancellation or breach the City may, without further compensation to the Contractor, take over the work or any portion thereof or engage another firm to take over the work or any portion thereof. Such cancellation of the contract shall not relieve the Contractor or the surety of liability for failure to faithfully perform this contract, and, in case the expense incurred by the City in performing or causing to be performed the work and services provided for in said contract shall exceed the sum which would have been payable under this contract, then the Contractor (and the surety, to the extent of its obligation) shell be liable to the City in the amount of any such expense in excess of the contract price. City may look to the surety, the Contrac- tor and any guarantor for additional damages. Contractor's suret- or security will not be released until such time as the term., of this contract would otherwise have expired. SECTION -St gUALITY OF SERVICE 5.01 Character o kmen and E u ment - The direction and supervision of refuse "collection and disposal and salvage operation shall be by competent. qualified and sober personnel, and the Contractor shall devote sufficient personnel, time and attention to the direction of the operation to assure satisfactory performance by its employees. Any employee of the Contractor misconduct, himself or is incompetent or negligent in the due ar,� proper performance of his duty, or is disorderly, dishonest, drunk, or grossly discourteous, shall be discharged. 14 5.02 Cooperation of Contractor Feguired - The ConLratt CGr shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the progress of the work contemplated under this contract. It shall have at all times a competent and reliable representative on duty authorized to receive orders and to act on them. (a) The Contractor shall provide, at its expense, a suitable office in Sroward County with telephone service where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other special complaints or calls, (b) The Contractor shall see to it that its employees serve the public in a courteous, helpful and ir..,ari.al manner. (c) All permanent drivers and helpers shall re attired in a company uniform to identify themselves tc tt.e Clt: and to the public. The uniform shall bear the lobo c_` t`-e Contractor in a conspicuous place. 5.05 Handling Complaints - The Contractor shay_ ler:c:- every reasonable act to provide a service of high quality ar.- the number of legitimate complaints to a minimur.. In ordc: :`at the City may be informed of the quality of the service, t'.e Contractor shall arrange the handling of cc:r.P:ai-.ts _.l substantially the following manner: All complaints, xi:ethu7 received in person, by mail or by telephone, shall be recorder, in duplicate on forms approved by the City and furnished by tke Contractor. One copy is to be retained by the Contractor, ar,d r-.: copy is to be forwarded to the City. Complaints received befcrc 12:00 noon shall be serviced before 5:00 p.m. that Complaints received after 12:00 noon shall be serviced tefcrc 12:00 noon the following calendar day. The Contractor f l w 15 I 0 required to report weekly to the City, action taken on complaints. Legitimacy of challenged complaints may, at the option of the City, be determined on the basis of a joint inspection by a representative of the City and a representative of the Contractor. 5.04 Guarantee of Performance The Contractor shall cause to be obtained a guarantee of its parent company whereby the parent company guarantees the obligations of the Contractor under this contract. SECTION 6: EQUIPMENT 6.01 Tvoe - The Contractor shall use only vehicles with bodies which are water tight. Only packer -type equipment may be used for garbage collection. 6.02 Amount - The Contractor shall provide sufficient equipment in proper operating condition so that regular schedules and routes of collection can be maintained. It is the intent of the contract to provide for "total collection" of all residential refute in the contract collection area. 6.03 Condition - Equipment is to be maintained in a reasor.etle, safe, working condition; to be painted uniformly with tnc> narc• of the Contractor, the business telephone number, and the r. r..ber cf the vehicle printed in letters and figures not less than five (5) inches high on each side of the vehicle; and ali vehicles stall be numbered and a record kept of the vehicle to which each nuc.ber is assigned. No advertising shall be permitted on veh:cies. All vehicles, equipment, materials, etc., used by Con- tractor shall meet all OSHA requirements currently in effect and as may be revised during the term of this contract. All costs necessary to correct deficiencies shall be borne by the Contractor. No equipment may be used to service other customers at the expense of service to Tamarac. 16 fr n 9,2 2 ` • ( rIf g-9;-0 ECTION 7: WORKING CONDITIONti 7,01 Com 1 ante with State Federal and Covnt• laws - The Contractor shall comply with all applicable County, State and Federal laws relating to wages, hours and all other applicable laws relating to the employment or protection of employees, nou or hereafter in effect. 7.02 Fair Labor Standards Act - The Contractor is re5uared and hereby agrees by execution of this contract to pay all employees not less than the Federal minimum wage and to abide b) other requirements as established by the Congress of the United States in the Fair Labor Standards Act, as amended and changed from time to time. 7.03 Criminal Records - No person convicted of a felons within two (2) years prior to application for employment shall to knowingly employed by the Contractor. • SECTION 8: DISPOSAL OF P,FFLSF 6.U1 Hew - The Contractor shall be totally ree,cr.s.::c the dislosal of refuse (garbage and trash) collected ur.cc•r t -_e I contract. However, such disposal shall meet the teSu:re-er:; t�.e Florida Department of Natural Rescurces, and a.s governmental body with authority to regulate refuse d_s• Disposal may be at any "authorized" treatment faeilite or s4r,:t;,ry landfill properly permitted by the State of Florida and shall tc located out of the municipal boundaries of the City of Tar..ar The LOSE of disposal • is included in the compensation c.f Contractor as set forth in Section 13 herein. SECTION 9: COMPLIANCE IWITH`LAWS AND REGULATIONS The Contractor hereby agrees to abide with all applice::._, Federal, State and County laws, ordinances and reculntlor.s. 7!< lr Contractor and its 3urety shall indemnify, defend ar,d _ ,� I rte-c)g-113 I/ harmless tf,e City, all its officers, representatives, agents and e-plcyees against any claim or liability arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by itself or its employees. SECTION 10: REPORTS OF OPERATIONS Within fifteen (15) days after ea;h three (3) month period the Contractor shall submit to the City Manager a written report showing the number of complaints received and the number of complaints resolved during the preceding three (3) month period. SECTION 11: INSURANCE The Contractor shall not commence work under this contract ur.ti_ it has obtained all insurance under this Section and e%ider.ce of such insurance coverage has been approved by the City A of Tamarac, as provided in Paragraph 11.04 of this Scc_ior, 11. 11.01 ltinrkers_' Ccr�rensation - The Contractor shall provide LnC r.:,1r.:axn during the life of this contract, at its own expense, 'Tc a rs' Cor;,ensation and Employers' Liability Insurance with the licits of liability. •,:,rkers' Cor..pensation Statutory r.-.r'_oyers' Liability $100.000.00 each accident 11.02 Conprehensi_ve General Liability - The Contractor shall ;* da Pr.d naintain during the life of this contract, at its own ex;Er.sc, Ccrprehensive Genersl Liability insurance, including protection for liability arising from premises. operations, independent contractors products/ completed operations and contracts. The policy shall be extended to provide for personal ir,jury liability and broad form property damage liability. the ,:,-tractuai ccverace nust specify that it covers the hold harmless asree^nent which is part of this contract. i 10 The limits of liability shall be as follows: Bodily Injury Liability $ 500,000.00 each occurrence $1,000,000.00 each aggregate Property Damage Liability $ 500,000.00 each occurrence $ 500,000.00 each aggregate Umbrella Coverage Not Less than $5,000.000.00 aggregate The City shall be named as an additional insured on each policy. 11.03 Comprehensive Automobile Liability - The Contractor shall provide and maintain during the life of this contract, at Its own expense, Comprehensive Motor Vehicle Liability insurance, including protection for liability arising from owned, non -owned and hired vehicles. The limits of liability shall be as follows: Bodily Injury Liability $ 500.00000 each person $$1,000,000:00 each occurrence Property Da -age Liability $ 500,000.00 each occurrence Ur-brella Coverage Not Less than $5,000,000.00 11.0L Certificate of Insurance - The Contractor shall fur- nish tt-e Cite Attorney prior to the start of any operations under t%'s contract satisfactory proof of the insurance required or a Certafacet'_cn of Self -Insurance under the laws and regulations of State ,of Florida. To be acceptable to the city, each ors r:_r.ce Certificate should contain a clause substantially as " hould any of tLe above -described policies be canc6lled or undergo material change before the expiration date. the issuing insurance company will mail thirty (30) days' written notice to the City Manager of the City of Tamarac, 5811 Northwest 88th Avenue, Tamarac, Florida 3s -1 . ' • SECTION 12: CLAIMS AGAINST CITY Contractor shall indemnify and save harmless the City from and against any and all claims, suits. actions, damages, or causes of action arising during the term of the contract, for any personal or bcdily injury, loss of life, or damage to property arisinp directly or indirectly from Contractor's operations pur- suo*t to the contract and from and against all Costs, counsel 19 • • ra (tV g cp 3 11 fees. expenses and liabilities incurred in and about anv sack claim, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the Contractor within thirty (30) days of receipt by the City of an claim, suit or action against the City arising directly _, indirectly from the operations of the Contractor hereunder, fo: which the City might be entitled to a claim against tht- Contractor, under the provisions of the contract. The Contractor shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained to the City by reason of the Contractor's breach of any of tie - provisions of the contract. SECTION 13: CONTRACT PRICE 13.01 Cor ensation - Contractor shall be paid the sums for all service that it provides within the City: Yi�R AMOUNT 1 Cost per r:onth for curb S 6.37 service per unit other than condo.-Anium Cost per month per 3.06 unit condominium The amount payable to Con- tractor for each type of service shall be the rates in effect as of 09/30/88 plus the increase(s), if any. in the disposal fees since 11/01/86 through and Including 10/01/88. However. any such disposal fee Increase(s), shall not exceed $10.00 per ton over the period 11/01/86 through 10/01/88 unless a Resource Recovery Plant be in operation in Broward County dur- ing that time in which case the above cap Shall not apply. To the aforedescribed disposal rate Fill FOR FEF:OD rF o -. 10/01/87 0?;'3C'�_ 10/U1/67 G9.'in L 10/01/BF 09/3,, increases) would be added the increase, if any, in the Inflationary costs of doing business since June, 1987. Evidence of an increase, if any. in the cost of doing business because of infla- tion Shall be based upon the most current publishing of such infla- tionary costs by the U.S. Depart- ment of Labor and Statistics (commonly called the Consumer Price Index - CPI all cities " index) prior to the commence- ment of the contract year in which the increase, if any. shall apply.• 3 The rates in effect as of 09/30/89 10/01/69 09/30/90 Plus the increase(s), if any@ in disposal fees from 10/02/88 through 10/01/69 and the increase In the CPI, if any, between June, 1988 and the publication of the most current CPI figures for June, 1989.* 4 The rates in effect as of 09/30/90 Plus the increase(s), if any. in dis- 10/01/90 09/1U Gi posal fees from 10/02/89 through 10/01/90 and the increase in the CPI, if any, between June. 1989 and CPl figure, for June, 1990.0 5 The rates in effect as of 09/30/91 10/01/97 plus Increase(s), if any, in dis- posal fees from 10/02/90 through 10/01/91 and the increase In the CPI, if any, between June, 1990 and CPI figures for June, 1991.+ 6 - 10 If the contraci is extended for the 10/01/9 09 a �-7 additional five-year period, then the rates for years 6 through 10, inclusive. shall be calculated using the same methodology used during years 3 through 5. that is; the new rates shall be the rates in effect as of the close of the preceding !,*or plus the increase(s). if any, in the disposal fees and the increase in the CPI figures, if any. as shown by the figures published most closely to the upcoming contract year as shown by the figures published for June of the'upcoming contract year.* *NOTE: The CPI increase or decrease shall be computed each year using the figures for June compared to the previous June even though such adjustment shall not take effect until the upcoming October lst. This is done so that the CITY may include such changes in its yearly budgetary process. 13.02 Frequency ofPav,ment_and Computation of Units Guarantees - After the cash bond requirements have been satisfied, payment by the City to the Contractor for services provided herein shall be on a monthly basis.. computed on the number of residential units which were issued Certificates of Occupancy (C.O.'s) on the preceding October 1. and April 1, and payable not later than the fifteenth day of each month. Computa- tions are to be based on a semi-annual inventory of dwellings for the City of Tar.arac, plus such other records as are required to determine the number of C.O.'d and completed residential units sutject to the requirement for garbage and trash service. Those units which currently are to receive service are contained within fxhitlt 1 (Designated Residential Areas, Condominium Designated Arcas) a: `cd hcreto and made a part hereof. Any additional non ren:al ur:_ts w`.ich are not on the lists (rental apartments that ccr.vert to condominiur,. or newly constructed house, duplexes, tri- cr ot".er multi -family units) shall also receive service. Contractor shall provide a surety bond executed by a surety cvr.rnv recognized and authorized to do business in the State of Flcr_da and having a Resident Agent in 9roward County. The surety ccr.;_r.y shall ho'.d current Certificate of Authority as acceptable c,n Fcderal Bonds in accordance with U. S. Department of Treasury Circular 570, current revision. This bond shall equal one hundred Percent (100") of the total annual contract cost. 13.03 Additional Service - The rates set forth above shall apply to ar.y areas annexeA into the city and to any new areas 6nich max, be built and approved for occupancy during the term of the contract. Rental areas are not included in this contract. However if the City Council elects during the term of this contract to 22 provide service to rental complexes, the rates quoted will be applicable for these units. Dumpsters would be provided at no cost and service would commence upon nptice from the City. 13.04 Computation of Disposal Rates — For purposes of computation of disposal rate increases in the future, a fcrmula shall be applied wherein a $1.00 increase in the tipping fee zz the landfill shall equate to a $.19 increase per month per dwelling unit and S.10 per month per condominium unit. Such formula shall be computed as to the various categories and classes of service set forth in the contract. ECTION 14; COMMENCEMENT OF WORE The Contractor must commence operations by -the first (lat) day of October, 1967. SECTION 15: ASSIGNMENT OF CONTPAC'T The contract, or any portion thereof, shall not be sutlFt rr assxened. Contractor shall not sell or otherwise dicicLe of „ assets during the term of this contract which sale or will adversely affect in any w?y the ability of C,ntraCtC; .. perform its obligations under this contract. SECTION 16: OPERATION'S DURING DJSP1'TE (a) In the event that a dispute, if any, ar�scF between the City and the Contractor relating to this contract performance or compensation hereunder, the Contractor shall continue to render service, in full compliance with all terms are conditions of this contract as interpreted by the City, regardleL!- of such dispute. (b) The Contractor expressly recognizes the parar.rur.t right and duty of the City to provide adequate waste collr•ctac;, and disposal services to its residents and further consideration for the execution of this contract, that IT, t'.e 23 °t�_9z-V3„ V event of such a dispute, if any, it will not seek in,lunctitir- relief in any court, but will negotiate with the City for an adjustment on the matter or matters in dispute and, upon farlure of said negotiations to resolve the dispute, may present thc- matter to a court of competent jurisdiction in an appropriate suit therefor instituted by it or by the City. (c) Notwithstanding the other provisions in this Section, the City reserves the right to terminate the contract at any time whenever the service provided by the Contractor fails to meet reasonable standards of the trade, after the City gx"es written notice to the Contractor of the deficiencies in service and the Contractor fails to correct the deficiencies as set fcrtF in the written notice within fourteen (14) days of the receipt tg the Contractor of such notice from the City. Upon term:noticr., the City may call the surety bond for the cost of ser._ce in . excess of that charged to the City by the firm engaged fcr tt.F balance of the contract period. SECTION 17: ORDINANCEQ Nothing contained in any ordinance of the City: hErE:-ft�r adopted, pertaining to the collection of garbage or trash, . ,;;1 in any way be construed to affect, change, ..,odify or ot;.er c alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this contract and the Cite ;:,c this contract is amended accordingly. SECTION � : AMENDMENTS Amendments which are consistent with the purposes of contract may be made with the mutual consent of the parties. SECTION 19: CERTIT'IED FINANCIAL STATEME!�T A certified annual financial statement of its rarer,t rc ,any shall be furnished to the City within four (4) months of the c] <c 24 g - J13 ., tf1 of the fiscal year of its parent company on an annual basis thrcughout the term of this contract and any extension. thereof. SECTION 20: RIGHT TO _REQUIRE PFRFORMANCE The failure of the parties at any time to require Performance of any provisions hereof shall in no way affect their rigt.ts thereafter to enforce same. No waiver of.sny breach of any Provisions hereof shall be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any protifsion itself. SECTION 21: LAM GOVERNING The contract shall be governed and enforced pursuant to the 1::..s ci the StatA of Florida. Any litigation shall be commenced In Etc .ard Co_r,ty, Florida. SEM ON 22: SPECIAL SERVICES Contractor shall provide a third pick-up per week at . a,y ,:Lni,- ^.u-, requesting some at an additional fee of $3.00 per tr. fer unit for each month when such additional pick-up occurs. C•,rrzlzed +rcrct:anical containers (dumpsters) shall be available for nsl S2.00 per month, per unit. sideyard or rearyard waste collection pick-up be •,..ce cs c special service option to curbside customers. Such c:pt_cr. all to offered on an individual basis to the curbside :,c,er a: a rate of $2.00 per unit per month. The customer =•t..>. «;�a arr !q ements with and payment directly to Contractor, in ac%ance, on a monthly basis. The Contractor shall allow the customer to prepay for up to one (1) year of such special service at the same rate. Paynent for such additional services shall be the sole res;on.sibility of the Condominium or Homeowner Association and Ccntractor shall not look to City for payment. 25 11 ,,�e - 9 c�- Y3 f'7 SECTION 23: GENERAL 23.01 In the event that the City Council decides that direct billing is in the City's best interest, Contractor agrees to undertake direct billing of residences and condominiums for the services provided in this contract with the only increase being the actual cost of administratively billing the individua. customers. If private billing is initiated, the payment for services shall be due thirty (30) days after billing. After a grace period of thirty (30) days after the due date and upon an additional written notice sent by mail or hand delivered to th4 premises, the Contractor may discontinue the service to the Premises until the account is paid up to date. A security depos_t may be charged not to exceed the cost of two (2) months, service. ECTION 24: NEWSPAPER COLLECTIONS 24.01 The City may establish a newspaper collection program, under which newspapers may be bundled and collectow t;- the City or franchisees of the .City. Title to the newsrG;er_ I shall be vested in that franchisees or the City as a collector at the time the newspapers are picked up. Contractor may ap;:y fc_ newspaper collection franchise with the City. 24.02 Contractor shall deduct from billing to the City the amount of tonnage certified by the franchisees or City fo: newspaper collection as being picked up during a particular moat: times one-half of the dumping charge. For example, if the dumt_na charge were $9.00 a ton the City would be entitled to a reductio_, Of $4.50 a ton for each ton of paper certified by the franchisee or City as having been picked up by the franchisees or City. 26 (W SECTION 251 RESOUR—RECOVERY PLANT If a resource recovery plant is established in Hroward County, Florida during the term of this contract, in which refuse is disposed of and converted into alternate energy sources, then the City shall have the discretion to require or prohibit the Contractor's use of the plant as it relates to refuse disposal derived from the City. If there are additional transportation or tipping fee costs to Contractor due to use of a County Resource Recovery Plant, then the rate schedule shall be adjusted to reimburse, dollar for dollar, the Contractor any such additional costs. If the use of a County Resource Recovery impacts positive:y or negatively on Contractor's costs, adjustments will be made by the City. IN WITNESS WHEREOF, the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed herec::, the day and year first above written. i ATTEST: ,City Clerk Witnessess .- K APPROVEDs gy =�—�`� 27 WASTE MANAGLUNT, INC. of FLORIDA By: 04- Z", GeneraY Mnager