HomeMy WebLinkAboutCity of Tamarac Resolution R-87-2831
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Introduced by I!A - Temp. Reso.#4749
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87- eg� K_S
A RESOLUTION APPROVING AND AUTHORIZING AN AGREE-
MENT WITH WASTE MANAGEMENT, INCORPORATED, PER-
TAINING TO SOLID WASTE COLLECTION WITHIN THE CITY
F TAMARAC; AND PROVIDINg AN EFFECTIVE DATE,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC,
FLORIDA:
+aECTION 1: That the Agreement with Waste Management,
Incorporated, pertaining to solid waste collection within the
City of Tamarac, commencing October 1, 1987, for a period of
five (5) years is HEREBY APPROVED AND ACCEPTED, a copy of
said agreement being attached hereto as "Exhibit 1".
,SECTIQN 2: This agreement shall be automatically re-
newed for a five (5) consecutive year period under the same
terms, conditions and limitations imposed unless Waste Man-
agement, Incorporated, or the City shall give notice to the
other of an intent to terminate this contract or renegotiate
at the end of the original term.
aECTION 3: That the appropriate City officials are
hereby authorized to execute said agreement on behalf of the
City.
,SECTION 4: This Resolution shall become effective upon
adoption.
PASSED, ADOPTED AND APPROVED this a2( day of ,
1987.
ATTEST:
CAROL E. BARBUTO
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
RICHARD M. REDNOR
ACTING CITY ATTORNEY
AA/
BERNARD IiART
MAYOR
MAYOR: HART
DIST. 1: C/M ROHR
DIST. 2: C/M STEL.ZER
DIST. 3: C/M HOFFMAN
DIST, 4: V/M STEIN
CONTRACT FOR
SOLID WASTE COLLECTION AND DISPOSAL
THIS CONTRACT made and entered into the!_ 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.
NOW, THEREFORE, for the mutual benefits and other
considerations recited herein, the parties hereto agree as
follows:
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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
through the City Council or its City Manager
designated by the
Council, as the case may be.
1.03 Contractor shall mean Waste
Management Inc. of
Florida, a Florida corporation. A list
of all officers,
principals and stockholders who own more than
ten percent (10%) of
company is attached.
1.04 Refuse - The word "refuse" shall
include garbage
and trash, as hereinafter defined, and all trash,
rubbish, paper,
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glass, metal and other discarded matter which
is abandoned in the
City for disposal.
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1.05 Garbage - 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 oY-'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 other accumulations of a
nature other than garbage or lawn trash, which are usual to
housekeeping and to the operation of stores, offices and other
business places.
1.07 Garden and Lawn Trash - The word "garden and lawn
trash" shall mean all accumulations of grass, leaves, shrubbery,
vines, tree branches and trimmings which are normally associated
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 units, including Houses,
Duplexes, Triplexes, Condominiums and Mobile Homes, within the
contract collection area. Rental apartments are excluded from
this Agreement unless subsequently included pursuant to Section
13.03 hereof.
1.09 Special Service - The term "special service" shall
mean any collection or disposal service provided which exceeds the
uniform level of service provided under residential service
systems, as per the contract, and for which a special service
charge is applied.
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1.10 Refuse -Regulations - The term "refuse regulations"
shall herein refer to such administrative rules, 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 designated 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
approval 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
• purchase special services.
1.12 Garbage Can shall be defined to mean a plastic or
galvanized metal can of a type commonly sold as a garbage can with
a capacity not to exceed 32 gallons, and each such can shall have
two (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 shall mean the party who is bound with and
for the Contractor to insure the payment of all lawful debts
pertaining to, and for the acceptable performance of, the
contract.
1.14 Performance Bond shall mean the form of security
approved by the City and furnished by the Contractor as a
guarantee that the Contractor will execute the work in accordance
with the terms of the contract and will pay all lawful claims.
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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".
1.16 Proper Vehicles - any vehicle which is not in
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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.
1.18 Condominium - Multi -family residential apartment
buildings that are on the Broward County tax rolls as condominium
ownership and assessment, and are designed for mechanical
container (dumpster) garbage and trash pick-up service.
1.19 Bulky Waste -- The term "bulky waste" shall herein
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 limited
to, appliances, furniture, lawn care equipment, bicycles, etc.
SECTION 2: TERM AND SCOPE OF WORK
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 7:30 a.m. on the first day of October, 1987; provided
furthermore, this contract shall thereafter be automatically
renewed for a five (5) consecutive year period under the same
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 shall be delivered by
Certified Mail, Return Receipt Requested, not later than 120 days
prior to the end of the original five (5) year term. For purposes
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of such notification, the City's address shall be: Clerk, City of
Tamarac, 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 collection area except as
specifically excluded in this contract.
2.01 Residential Service - Other than Condominium
(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 apart. 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
hauled by pickup crews, on the same days as garbage. Bulky wastes
shall be collected by the Contractor quarterly on the residence's
first scheduled pick-up day in the months of February, May, August
and November of each year unless an alternative schedule is agreed
to by the Contractor and City Manager. (The Contractor shall
notify the public of the schedule of collection in a manner
satisfactory to the City). The first collection per day will not
be before 7:30 a.m.
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(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.
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(c) Residential Garbage: Where - Curbside gar-
bage service is hereby provided for in this contract.
(d) Residential Garbage: How - The Contractor
shall make collections with a minimum of noise and disturbance to
the householder. Garbage receptacles shall be handled carefully
by the Contractor and shall be thoroughly emptied and then left
where they were found, standing 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 from
curbside.
(f) Title to Garbage and Trash - Title to garbage
and trash shall immediately vest in the Contractor upon such
garbage and trash being collected by the Contractor. This
provision will not apply to a program for newspaper collection or
any other resource recovery program instituted by City or County.
(g) Mechanical Containers - Contractor will
provide, at no cost, mechanical containers for each condominium in
the City of a size at least equal to that used by the condominium
prior to Contractor's engagement. (The minimum standard shall be
four (4) cubic yards for each 50 units served.) Contractor will
provide at no additional cost, mechanical containers equivalent to
a minimum of at least four (4) cubic yards for each 50 condominium
units that are in the City.
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(h) Mobile Homes if any, shall be serviced as
residential other than condominiums.
2.02 Mechanical Container Service - Condominiums_and_City
(a) Frequency - Refuse Collection shall be twice
iweekly 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 (b) 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 specifically
requested by condominium customers.
(b) Where - Container refuse customers shall
accumulate refuse at locations that are mutually agreed upon by
the customer and the Contractor and which are convenient for
collection by the Contractor. Where mutual agreement is not
. reached, the City shall designate the location.
(c) Container Refuse How - The Contractor shall
make collection with as little disturbance as possible. Refuse
receptacles shall be thoroughly emptied. Any refuse spilled by
the Contractor shall be picked up immediately by the Contractor.
(d) Bulk Waste - Bulky and heavy items shall be
placed at the appropriate refuse location for collection as
indication in Section 2.01 (a) of this Agreement.
(e) That the religious houses of worship, having
facilities situated within the City shall be entitled to one (1)
waste collection pick-up per week collected from a two (2) cubic
yard dumpster at no charge for the service; provided, however,
that if any such religious organization shall operate a school on
the premises of its facility, such school shall obtain a separate
dumpster with waste collection service to be provided by
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Contractor at the usual commercial rates; 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
Agreement:
Calvary Baptist Church
2800 West Prospect Road -
Phone: 733-7050
St. Malachy's
7200 North University Drive -
Phone: 721--5337
United Church of Christ
6201 N.W. 57th Street -
Phone: 721-1232
Kingdom Hall of Jehovah's
Witness
9904 N.W. 77th Street -
Phone: 721-2290
Tamarac Jewish Center
9101 N.W. 57th Street -
Phone: 721-7660
All Saints Lutheran Church
7915 West McNab Road --
Phone: 721-3560
Woodlands United Methodist
Church
6901 N.W. 70th Street -
Phone: 721-1560
Aldersgate United Methodist
Church
4905 W. Prospect Road -
Phone: 752-0333
Full Gospel Tabernacle
7457 N.W. 57th Street -
Phone: 722-1990
Congregation Migdal David
8575 West McNab Road -
Phone: 726--3583
Congregation Beth Tefilah
6435 W. Commercial Boulevard -
Phone: 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.
FIRE STATION (West)
7501 N.W. 88th Avenue - 2 Cu. Yds.
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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 and
painting.
(b) Compensation - Contractor shall not be
entitled to a fee for the services provided in Paragraphs 2.03 or
2.04.
2.05 Vacant Lots - Contractor is not required to provide
service to vacant lots. Waste collection services for vacant lots
shall be subject to negotiation between the Contractor and the
owner or other party desiring such service. It will not be the
responsibility of the Contractor to remove waste resulting from
clearing property for building purposes.
SECTION 3: SCHEDULES AND ROUTES
3.01 In General
(a) Establishing and Maintainin& - Prior to com-
mencing services, Contractor shall provide the City Manager with a
designation of routes and schedules so that a route map can be
prepared. Contractor shall abide by the routes and schedules
filed with and maintained for the City. Contractor shall have the
right to amend said routes and schedules subject to approval of
the City Manager which approval shall not be unreasonably
7
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) Seasonal 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 storm 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 City
to acquire additional equipment and to hire extra crews to clean
the City of debris and refuse resulting from the storm or
disaster, the Contractor shall work with the City in all possible
ways for the efficient and rapid cleanup of such debris and
refuse. The Contractor shall receive extra compensation above the
contract agreement for additional men, overtime and cost of rental
equipment, provided Contractor has first secured prior written
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, equipment
and materials plus a reasonable amount as overhead and profit to
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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
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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 Independent Contractor - It is expressly
agreed and understood that the Contractor is in all respects an
independent contractor as to the work. Even though, in certain
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 work
to be done by the Contractor, but the method to be employed to
accomplish this work shall be the responsibility of the
Contractor, unless otherwise provided in the contract.
4.02 Supervision of Contract Performance
(a) The City Manager or his designee is hereby
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 comply
with instructions or directions from any other official of the
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City 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 time and placed.
4.04 Liability for Delays or Non -Performance Due to
Unusual Circumstances
(a) It is expressly agreed that in no event shall
the City be liable or responsible to the Contractor or to any
other person on account of any stoppage or delay in the work
herein provided for, by injunction or other legal or equitable
proceedings brought against the City or Contractor, or an account
of any delay from any cause over which the city has no control.
(b) The Contractor shall not be responsible for
delays 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 God; 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
12
for such period of time as the delay or non-performance shall
continue.
(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
garbage 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.
4.05 Breach of Contract - If, in the opinion of the City
Manager there has been a breach of contract, the City Manager
shall notify the Contractor, in writing, specifying the manner in
which there has been a breach of contract. If, within a period of
seven (7) days, the Contractor has not eliminated the conditions
considered to be a breach of contract, the City Attorney shall so
notify the City Council, and a hearing shall be set for a date
within fifteen (15) days of such notice. On that date, the City
Council shall hear the Contractor and the City's representatives
and shall make 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 breach, 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
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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) shall
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 surety
or security will not be released until such time as the term of
this contract would otherwise have expired.
SECTION 5: QUALITY0_FSERVICE
5.01 Character of Workmen and E ui 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 who
misconducts himself or is incompetent or negligent in the due and
proper performance of his duty, or is disorderly, dishonest,
drunk, or grossly discourteous, shall be discharged.
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5.02 Coo eration of Contractor Re aired - The Contractor
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 Broward 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 impartial
manner.
(c) All permanent drivers and helpers shall be
attired in
a company uniform to identify themselves to the City
and to the
public. The uniform shall bear the logo of the
Contractor
in a conspicuous place.
5.03
Handling Complaints - The Contractor shall perform
every reasonable
act to provide a service of high quality and keep
the number
of legitimate complaints to a minimum. In order that
the City
may be informed of the quality of the service, the
Contractor
shall arrange the handling of complaints in
substantially
the following manner: All complaints, whether
received in
person, by mail or by telephone, shall be recorded in
duplicate
on forms approved by the City and furnished by the
Contractor.
One copy is to be retained by the Contractor, and one
copy is to
be forwarded to the City. Complaints received before
12:00 noon
shall be serviced before 5:00 p.m. that day.
Complaints
received after 12:00 noon shall be serviced before
12:00 noon the following calendar day. The Contractor shall be
15
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 i
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 Type - 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
refuse in the contract collection area.
6.03 Condition - Equipment is to be maintained in a
reasonable, safe, working condition; to be painted uniformly with
the name of the Contractor, the business telephone number, and the
number of the vehicle printed in letters and figures not less than
five (5) inches high on each side of the vehicle; and all vehicles
shall be numbered and a record kept of the vehicle to which each
number is assigned. No advertising shall be permitted on
vehicles. 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.
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SECTION 7: WORKING CONDITIONS
7.01 Compliance with State Federal and County 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, now or
hereafter in effect.
7.02 Fair Labor Standards Act - The Contractor is required
and hereby agrees by execution of this contract to pay all
employees not less than the Federal minimum wage and to abide by
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 felony
within two (2) years prior to application for employment shall be
knowingly employed by the Contractor.
SECTION 8: DISPOSAL OF REFUSE
8.01 How - The Contractor shall be totally responsible for
the disposal of refuse (garbage and trash) collected under this
contract. However, such disposal shall meet the requirements of
the Florida Department of Natural Resources, and any other
governmental body with authority to regulate refuse disposal.
Disposal may be at any "authorized" treatment facility or sanitary
landfill properly permitted by the State of Florida and shall be
located out of the municipal boundaries of the City of Tamarac.
The cost of disposal is included in the compensation due
Contractor as set forth in Section 13 herein.
SECTION 9: COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable
Federal, State and County laws, ordinances and regulations. The
Contractor and its surety shall indemnify, defend and save
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harmless the City, all its officers, representatives, agents and
employees 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 each 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
until it has obtained all insurance under this Section and
evidence
of
such insurance
coverage
has
been approved by
the
City
Attorney
of
Tamarac, as
provided
in
Paragraph 11.04
of
this
Section 11.
11.01 Workers' Compensation - The Contractor shall provide
and maintain during the life of this contract, at its own expense,
Workers' Compensation and Employers' Liability Insurance with the
following limits of liability:
Workers' Compensation Statutory
Employers' Liability $100,000.00 each accident
11.02 Comprehensive General Liabilit - The Contractor shall
provide and maintain during the life of this contract, at its own
expense, Comprehensive General 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
injury liability and broad form property damage liability. the
contractual coverage must specify that it covers the hold harmless
agreement which is part of this contract.
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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 $ 500,000.00 each person
$1,000,000.00 each occurrence
Property Damage Liability $ 500,000.00 each occurrence
Umbrella Coverage Not Less than $5,000,000.00
11.04 Certificate of Insurance - The Contractor shall fur-
nish the City Attorney prior to the start of any operations under
this contract satisfactory proof of the insurance required or a
Certification of Self -Insurance under the laws and regulations of
the State of Florida. To be acceptable to the city, each
insurance certificate should contain a clause substantially as
follows:
"Should any of the above -described policies be cancelled
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
33321."
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 bodily injury, loss of life, or damage to property
arising directly or indirectly from Contractor's operations pur-
suant to the contract and from and against all costs, counsel
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fees, expenses and liabilities incurred in and about any such
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 any
claim, suit or action against the City arising directly or
indirectly from the operations of the Contractor hereunder, for
which the City might be entitled to a claim against the
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 by
the City by reason of the Contractor's breach of any of the
provisions of the contract.
SECTION 13: CONTRACT PRICE
13.01 Compensation - Contractor shall be paid the following
sums for all service that it provides within the City:
YEAR AMOUNT
1 Cost per month for curb $ 6.37
service per unit other
than condominium
Cost per month 'per 3.06
unit condominium
2 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
FOR PERIOD
From To
10/01/87 09/30/88
10/01/87 09/30/88
10/01/88 09/30/89
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increase(s) 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
plus the increase(s), if any, in
disposal fees from 10/02/88
through 10/01/89 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-
posal fees from 10/02/89 through
10/01/90 and the increase in the
CPI, if any, between June, 1989
and CPI figures for June, 1990.41
5 The rates in effect as of 09/30/91
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.*
10/01/89 09/30/90
10/01/90 09/30/91
10/01/91 09/30/92
If the contract is extended for the 10/01/92 09/30/97
additional five-year period, then
the rates for years b 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 year 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
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until the upcoming October 1st.
This is done so that the CITY may
include such changes in its yearly
budgetary process.
13.02 Frequency of Payment 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 Tamarac, plus such other records as are required to
determine the number of C.O.'d and completed residential units
subject to the requirement for garbage and trash service. Those
units which currently are to receive service are contained within
Exhibit 1 (Designated Residential Areas, Condominium Designated
Areas) attached hereto and made a part hereof. Any additional non
rental units which are not on the lists (rental apartments that
convert to condominium or newly constructed house, duplexes, tri-
plexes, or other multi -family units) shall also receive service.
Contractor shall provide a surety bond executed by a surety
company recognized and authorized to do business in the State of
Florida and having a Resident Agent in Broward County. The surety
company shall hold current Certificate of Authority as acceptable
on Federal 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 any areas annexed into the city and to any new areas
which may 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
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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 notice from the City.
13.04 Computation of Disposal Rates - For purposes of
computation of disposal rate increases in the future, a formula
shall be applied wherein a $1.00 increase in the tipping fee at
the landfill shall equate to a $.19 increase per month per
dwelling unit and $.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.
SECTION 14: COMMENCEMENT OF WORK
The Contractor must commence operations by the first (1st)
day of October, 1987.
SECTION 15: ASSIGNMENT OF CONTRACT
The contract, or any portion thereof, shall not be sublet or
assigned. Contractor shall not sell or otherwise dispose of any
assets during the term of this contract which sale or disposition
will adversely affect in any way the ability of Contractor to
perform its obligations under this contract.
SECTION 16: OPERATIONS DURING DISPUTE
(a) In the event that a dispute, if any, arises
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 and
conditions of this contract as interpreted by the City, regardless
of such dispute.
(b) The Contractor expressly recognizes the paramount
right and duty of the City to provide adequate waste collection
and disposal services to its residents and further agrees, in
consideration for the execution of this contract, that in the
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event of such a dispute, if any, it will not seek injunctive
relief in any court, but will negotiate with the City for an
adjustment on the matter or matters in dispute and, upon failure
of said negotiations to resolve the dispute, may present the
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 gives
written notice to the Contractor of the deficiencies in service
and the Contractor fails to correct the deficiencies as set forth
in the written notice within fourteen (14) days of the receipt by
the Contractor of such notice from the City. Upon termination,
the City may call the surety bond for the cost of service in
excess of that charged to the City by the firm engaged for the
balance of the contract period. •
SECTION 17: ORDINANCES
Nothing contained in any ordinance of the City hereafter
adopted, pertaining to the collection of garbage or trash, shall
in any way be construed to affect, change, ..codify or otherwise
alter the duties, responsibilities and operation of the Contractor
in the performance of the terms of this contract and the City and
this contract is amended accordingly.
SECTION 18: AMENDMENTS
Amendments which are consistent with the purposes of this
contract may be made with the mutual consent of the parties.
SECTION 19: CERTIFIED FINANCIAL STATEMENT RE UIRED
A certified annual financial statement of its parent company
shall be furnished to the City within four (4) months of the close
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of the fiscal year of its parent company on an annual basis
throughout the term of this contract and any extension thereof.
SECTION 20: RIGHT TO REQUIRE PERFORMANCE
The failure of the parties at any time -to require
performance of any provisions hereof shall in no way affect their
rights thereafter to enforce same. No waiver of,any 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
provision itself.
SECTION 21: LAW GOVERNING
The contract shall be governed and enforced pursuant to the
laws of the State of Florida. Any litigation shall be commenced
in Broward County, Florida.
SECTION 22: SPECIAL SERVICES
• 22.01 Contractor shall provide a third pick-up per week at
any condominium requesting same at an additional fee of $3.0.0 per
month per unit for each month when such additional pick-up occurs.
Oversized mechanical containers (dumpsters) shall be available for
an additional $2.00 per month, per unit.
That sideyard or rearyard waste collection pick-up be
provided as a special service option to curbside customers. Such
option shall be offered on an individual basis to the curbside
customer at a rate of $2.00 per unit per month. The customer
shall make arrangements with and payment directly to Contractor,
in advance, 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.
Payment for such additional services shall be the sole
responsibility of the Condominium or Homeowner Association and
Contractor shall not look to City for payment.
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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 individual
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 the
premises, the Contractor may discontinue the service to the
premises until the account is paid up to date. A security deposit
may be charged not to exceed the cost of two (2) months' service.
SECTION 24: NEWSPAPER COLLECTIONS
24.01 The City may establish a newspaper collection 40
program, under which newspapers may be bundled and collected by
the City or franchisees of the City. Title to the newspapers
shall be vested in that franchisees or the City as a collector at
the time the newspapers are picked up. Contractor may apply for
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 for
newspaper collection as being picked up during a particular month
times one-half of the dumping charge. For example, if the dumping
charge were $9.00 a ton the City would be entitled to a reduction
of $4.50 a ton for each ton of paper certified by the franchisees
or City as having been picked up by the franchisees or City.
SECTION 25: RESOURCE RECOVERY PLANT
If a resource recovery plant is established in Broward
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 positively 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 hereon,
the day and year first above written.
ATTEST:
City Clerk
Witnesses:
Is APPROVED:
By:Ir
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CI
By
By
WASTE MANAGEMENT, INC. of
FLORIDA
By
General M Hager