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City of Tamarac Resolution R-84-285
ILI I I 1 2 3 4 �7 10 11 12 13 14 25 26 27 28 29 30 31 Introduced by Vice Mayor Stein Temp. Reso. #3286 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-84-,;2 f,5' A RESOLUTION AWARDING A BID FOR GARBAGE COLLECTION IN RESIDENTIAL AND CONDOMINIUM AREAS OF THE CITY OF TAMARAC; P.ND PROVID- ING AN EFFECTIVE DATE. WHEREAS, the City of Tamarac has heretofore advertised for bids for garbage collection in residential and condominium areas; and WHEREAS, the City Council is desirous of awarding the bid for garbage collection in residential and condominium areas to the lowest and best bidder. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC: SECTION l: That the bid of Waste Management Inc. of Florida for garbage collection and curbside service in residential areas, specifically defined as single family, duplex, triplex and town house areas for a three (3) year contract, in the amount of $ 4.89 per unit, per month, is hereby approved and the appropriate City officials are hereby authorized to enter into a contract with this bidder for the above services. SECTION 2: That the bid of Waste Manaqement Inc. of Florida for garbage collection and dumpster service in condo- minium areas for a three (3) year contract in the amount of $ 2.13 per unit, per month, is hereby approved and the appropriate City officials are hereby authorized to enter into a contract with this bidder for the above services. SECTION 3: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 19th day of September, 1984. MAYOR ATTEST: A 32 ]� / RECORD OF COUNCIL VOTE 33 CITY CLERK MAYOR: KRAVITZ I HEREBY CERTIF that I have DISTRICT 4: V/M STEIN approved the f m and correctness of R so tion. DISTRICT 3: C/M STELZER DISTRICT 2: C/M MUNITZ Quo_ DISTRICT 1. C/M DUNNE CITY OF TAMARAC © Fixed price bid ® Request for Proposal BID N0: $4-23 (This is not an order) (All blanks must be tilled in) DATE:J PAGE NO.: 1 fTEM(S) REQUIRED: revnerr rm T rrTTnli ASD rjTCp(TSAT R� STDF`:T7 1 rl'pP.�.Tl]F AST]_ USING ACTIVITY: CITY MANAGER .. Buyer: LFT?OS' Apov.- Phone (305) 722-59010 EY7. BIDS MUST BE SUBMITTED ON OR BEFORE 2:00 P.M. XW.i•Wed.. _Sent . _12-196.� Eastern Standard Tll,te or Eastern Standard taayligM Savings Time as aporAbte 71* aftcigi time *roll be as ?scores or• fl* Dale'Ti-e Recording Clock in the Glty C119*4 OMiCe .1t will be" $04 respar sitmirry of the Woof to ensure that tug p►oiioigal names the Dft ice of G rr Clerk, City of Tamarac on Or before closing hour and date shown above The Legal h+srruC sons to aiddefs Spews! Conditions. SpecM loom Adden0ims sn : a-, othe, peninent doeurr»nt form a pan of fts, proposal and by reference are made a part hereof. Anrn-COLLUSION ITATEMENT: The below signed odder has ttbt tfirulged to discussed or Compared Ng bid vf" other bidde•s a-C net , c• couuded with any other bidde• or booties to a bid whateve' (NOTE No premiums rebates or gratuities 04i"MMed ertrle! Nnr► . Dno• tc o• M. t ' a-, delivery of matenals Any such vrolation will ?*gulf m th* cancellation and/or return of lnatenals (as awficable) and the remove, rrorr B :.'s• s TOTMEPURCHASING OFFICER OFTHE CIT'OFTAMARAC:We0). the below sigried"by agree tofurnisf+f►tefollowrigsolicit'sIWge�v'Ce s at the prices) grid feral* stated sub►ect to all instructions. conditions, speciflGtions, end all nlach"WrIts hereto We (11 have real a' li ncluding the spertfications end fully understand what Is required (By aubmitting this signedproposa'. we (1) Officially accoW a Conitav d a:--•Dve= by the City and such acceptance corers a!' me terms condition$. and specifications of ft$ proposa' and we (I) hereby agree tha! we wil: ma• e available for &Alt to appropriate Cary Auditors any appliciONG husin iss or firlanciel retards pertinent to A resua+nq eider or contract ) Alt prices to be quoted F O.S . Buyers Destination Tamarac, Florida (Delivered at the applicable Coy address indicated onthe Purchase Dice- i FAILURE TO OUOTE: „you do not quote please return quotation sheet, state reason thereon and request r4i your raft be re;asheC o- ox mailing list. Otherwise, your name may be removed from our bid moiling list Bids are firm for acceptance within W days after bid opening dole yes _no other TERMS: MONTHLY PAYMENT PURSUANT TO CONTRACT X190D(CCB:ldja1X*0a): if awarded ALL ITEMS BID HEREIN (when applicable), an additional DISCOUNT OF -0- 'k is offered in addition to any terms offered above. VARIANCES: State any variations to specdicalioris leans aridlor conpMons rn this Baste W feferenCe herein ail verisrices oonta-riee o* viol*• Dopes e• s rroposs':o'r+ rr K+sr+f bid •n+Liirnent NO VARiATiONS OREXCEPTIONS BY A BIDDER WILL BE CONSIDERED 00 WILL BE DEEMED TORE A PAC' Or T"E RID SLIW'"TED LINLESS SUC*4 VARIATION OR EXCEPITiON IS LISTED WMKINTsltli BID DOCWMENTS AND REFERENCED IN 70415 C06VM% NCSEpACE-E OR ACCOMCIANYING DMU MENTS oR LETTERS WILL BE CONSIDERED AS INCLUDED WITHIN A SURIMMMO BID ANDTrfE Cr*Y WI-L NOT BE ®DJyC I% ANY MANNER WMATSOEVERByANY rARIATIONDRE>KCEFTIONORLIM17ATIONN01SPECWICALLYLISTED WTrt4l%THE I1I:�DOCVMEti"'S A-L02 _ES WILL BE CONSIDERED AS FIRM FOP THE PERIOD INDICATED WITHIN THE BTDDOCWME% rS UNLESS A BIDDER TAKES SKCIFIC ExCEv*IOti THER AND LISTS SUCH EXCER'TiON WITWIN Tr$ BID DOCUMENTS AND REFERENCED IN THIS COLUMN fl no starfnient is oorltameC in this sosCe n d1 rte�c:, irdpi1e0 fha! your bid Caliph*& 0"el the fail scope of llrs Bid inviul-on NONE If Purchase Order Payment or Future bids are to be mailed to other than proposers address shown below, please Complete the following Mail Purchase Ordlor to: Mail Payment to: Broward Disposal Broward Disposal Mall Bids to: Broward Dis osal 201 N. W. 12th Avenue 201 N.W. 12th Avenue 201 N.W. 12th Avenue Pompano Beach, FL 33009 Porn ano Beach 00 Telephone No.: _X5/941-1362 w/Area Code PROPOSAL SUBMITTED BY: NAME (Printed): JerEj W. Veach Title: Asst. Treasurer Company aepsl Registered Tars in I" Wastg Managementc . of Flgrida Address- 800 N b d St., t. *?dale Florida 33309 SIGNATURE: lephone No.: 771-2850 DATE: September 12, 1984 Indicate Which: Corporation XX Encbaed Refarentes Applicable to Pr*011aa1: Partnership hwitation To aid - Ft Individual. hide I of General Provisions Cieuses - F2 Other: General Provisions - F2 (Retain one copy for your ales) SCOW r' BIDDERS NOTE. Both sides of this Form require slprwture. SPECIFICATIONS AND BID SCHEDULE Invitation To Bid Dare 8/17/91 N OFTAMARAC 1 N.W dBth Avenue Par No 2 of 2 narac. Florida 33321 All prices to be quoted F.O.B. Tamarac, Flarids , Delivered and unloaded at spplbte cltY destination as ind�tst rd tx to w The 1p11owing special conditions (M checked) aPPIY to this bid - CHECK BIDDERS REQUIREMENT FOR CERTIFI d wt+c shall be ei ed to the city n them eat the B'dde•ito whe'mrne eeS ^E =` ` SJ bond in" amount of five (5) per Dent Of awarded. shall fait or refuse to comply wfth ttse specifications of the bid Checks will be returned PromP11 to unsuccess' -; E �F _ slyer award of bid Failure to submit ttwsbid >oo the excuth xtiv not the Contract, could rejection theof the bid Bidder to furnish bonds cove, "�; "E- 2PERFORIW►t�ICE BONDS: The Grty shallPriorfounder in 1 faithful Performance of the contract and t►+ auQ the f ddall ebli usw sources aligations semaybe spreeabk�the Parties tfsucr nc^c ate prescribe and with Butt, Burette: ee Stipulated. t++e premiumsShallbe paid Dy the Bidder. The Bidder shall detsver the required bondsto the Ctry not late• n2- e a F of execution Of the contract pVANTlTY D E S C R I P T 10 N UNIT PRICE IXTEh]ED pF iru REGULAR GARBAGE AND TRASH COLLECTION AND DISPOSAL SERVICE — RESIDENTIAL CURBSIDE AND CONDO"11',\ln1 DUKPSTER PICKUPS THROUGHOUT THE CITY OF TA"SARAC AS SPECIFIED IN THIS BID PACKAGE, PROPOSED CONTRACT AND EXHIBITS TO PROPOSED CONTRACT. ►1jve•'t0L City of Tamarac �Idders5i t Date9/12/$4 Tide sst. Treasurer Co•npanr Name Waste Management Inc. of Florid D/B/A Southern Sanitation and Broward Disposal Address onn N.W, 62nd St. Ft. Lauderdale, F1 33309 BIDDERS NOTE. Both Sides of this f0"M require "ratura. 9 P6 B I D F 0 K (Submit 1n Duplicate) 1�ame Of Bidder :Waste MaSag�ement Inc, of Florid ?��h..l�.,�_� 1984 D/B/p Southern sanitation and DATE: Broward Disposal I. awl_ MS1pyFTIAL-I= 215IDS_DP�_pD�►PSTSRI azbbge, trasY, and The undersigned bidder proposes to furnish gincle er rk s rubbish collection service(curbsideeforeasnendnfromlcomplexes family, duplex, triplex and townhous Seco stets in condominiums (as den=esi$ences inlTarraracS Of � Witt) dump for all included Contract) eta We'elly The Bids shall be 'based on the following: I M-11 ONE YEAR CONTRACT - beginning 10/1/B4 thru 9/30/65 Cost per month for curb condominium per unit $ ----------- other than Cost per month per unit - condominium $.2.0.U----------- (dumpster) =J! TWO YEAR t ARCONTRACT 30/86beginning 10/1/ Cost per month for curb service per unit $4-_`-- other than condominium Cost per month per unit - condominium $? r------_-__- (dumpster) IM-f3 THREE B�Ethru09%30/87- beginning 10/1/ Cost per month for curb ervice per unit $ ----------- other than condominium Cost per month per unit - condominium (dumpster) I.=-! 9 FpUl YEAR thraN9%30/88 beginning 1 //84 Cost per month for curb service per unit other than condominium Cost per month per unit - condominium �g w-_------_ (dumpster) ,=_!5 Fp�/84YEAR thru 9%30/69 beginning 1 / Cost per monthforcurb service per unit ---------- other than Cost per month per unit - condominium - (Dumpster) r«rrrrwwrrrrrwwrrr---- ------_-_."`--w_r ....... rwr+_-rrw-_. - •-`-- " cost for each of the five ( ) The City requests the Bidder to submit a items above. See attached schedule for occupied units. 1064081784/t BID FORM — P7 a"-BUIDUT; 61,. Bidder hereby agrees that the bid price shall remain in full force and effect for a period of sixty (60) days after the time of opening of this bid and that the bidder will not revoke or cancel this bid within the sixty (60) days. In the event the contract is awarded to this bidder, he will enter into a formal written agreement with the City, in accordznce with the accepted bid within ten (10) calendar days after said contract is submitted to him. Bidder certifies that this bid is made without prior understand- ing, agreement or connection with any corporation, firm or person submittinc a biO for the same materials, supplies, or equiprent and is in all respect fair and without collusion or fraud. ___--_-------------------_-__--______-_--___-__- NAF4E OF FIRM UULA-All9T1-AD S�_ Broward Disposal KAILING ADDRESS CITY - STATE - ZIP Ft.J4VdCrdA;9&Xt9XVk--- W-99--------------------- I agree to abide by all conditions of t s bid and certify that I am authorized to sign for the bidder. PHONE NUMBER --ZED SIGNATURE AUTHORIZED SIGNATURE (TYPED),- (TYPED) ,-TITLE DATE S^;=tcX.12-193b IF BIDDER IS CORPORATION, INSERT STATE OF INCORPORATION AND NM',ES OF RESIDENT CORPORATE OFFICERS: ,.fLear��a.31i11ia� ]3u1LiSan_:.3sasider:t..8obart 1Cavtb . f YiCe 3iesiderlx. _.Ierxy.Y�a.cb - Asst. Treasurer IF BIDDER IS A PARTNERSHIP, INSERT NAMES OF PARTNERS AND TRADENAME: ------------------------------------ IF BIDDER IS AN INDIVIDUAL, PLEASE DESIGNATE NAME OF OWNER A1;I) TRA:)E- NAME: (THE SUCCESSFUL BIDDER SHALL BE REOUIRED TO FURNISH EVIDENCE OF FINAN- CIAL CONDITION.) STATE OF FLORIDA - ) ) as COUNTY OF LRowA.V_ ) Sworn to and subscribed before me this _Mt day of Ut-en►-ber 1984. _ ,1Y NOTA PUBLIC My commission expires: Neva: ; P,;! l c. State o" Florida Icy Cow�,V .icn Expires 2, 19ZS `or.0.I TntY ij:.r ►..n • M:gnncu, In4 BID FORD - P8 B I D F O R M (Submit In Duplicate) DATE:1984 Name of Bidder: of Florida - D/B/A Southerr aLTfrRNATE_D Sanitation and Broward Disposal �.�P_T)d8t�_ tpNDD��� N3 vI�_ = _Si?RBS� DF_ SFPY3 rS_ Dr LY The undersigned bidder proposes to furnish garbage, trasr. and rubbish co]lection service (curbside) to be picked up xk;ist Mg a.1y for all included residences in Tamarac in containezr fro:, each occupied single family, duplex, triplex and townhouse a.ea. The Bids shall be based on the following: 3TS&11 ONE YEAR CONTRACT - beginning 10/1/84 thru 9/30/05 Coat per nonth for curb service per unit $_AJ0._________. 2=-12 TWO YEAR CONTRACT beginning 10/l/64 thru 9/30/86 Cost per month for curb service per unit 5__L.74.......... 1=L 13 THREE YEAR CONTRACT -- beginning 10/1/64 thru 9/30/87 Cost per month for curb service per unit ZTEV_J9 FOUR YEAR CONTRACT - beginning 10/l/64 thru 9/30/88 Cost per month for curb service per unit Sib_____.__ ITEM 15 FIVE YEAR CONTF.ACi - beginning 1011194 thru 9/30/89 Cost per month for curb service per unit $ 5.24________ ff------ Wt--- ........ _w_____w_____________-__ The City requests the Bidder to submit a cost for each of the five (5) Items above. See attached schedule for occupied units. BID FORM - P9 BLT�RNA�'�_ A gr53P�NTIA3_5 1� R_THAN_;pI7DQt�r33��-=_p1�Rl'SZP (Continued) Bidder hereby agrees that the bid price shall remain in full force and effect for a period of sixty (60) days after the time of opening of this bid and that the bidder will not revoke or cant&'_ this bid within the sixty (60) days. In the event the Contract is awarCed to this bidder, he will enter ` into a formal written agreement with the City, in accordance %itr, the accepted bid within ten (10) Calendar days after said contract is submitted to him. Bidder certifies that this bid is made wittio;at prior understanG- ing, agreement or connection with any corporation, fire, or person submitting a bid for the sane materials, supplies, or ecuip-E-.t and is in all respect fair and without collusion or fraud. NAME OF FIRM W e_ManaFement inc _ of _Florida D/_B JA_ Southern Sanitation-- anitati_o_n_ _arid Brovard Disposal FAILING ADDRESS $00 NUK 62nd_Street_„_-__-_,._____--___-___ _...... _. _ _ CITY - STATE - ZIP Ft. Lauderdale Florida 33309 F__--------------- I agree to abide by all conditions of bid and ter ify at i ar, 0'1authorized to sign for tale bidder. PHONE NUMBEF _771-MN _____- ___ -- MANUAL -.- A-ZH ~� ZED SIGNATURE ( ) JerryF. Veachi Asst. . Treasurer __ _ _ _ _ !AUTHORIZED SIGNATURE (TYPED), -TITLE DATE U_t9 er_i2j_1964 IF BIDDER IS CORPORATION, INSERT STATE OF INCORPORATION AND NAMES OF j' RESIDENT CORPORATE OFFICERS: Florida - William Hulligan President_ Robert yauth - Vice -President, _ _ ---------- ------___--___....__._ Jerry Veach - Asst. Treasurer IF BIDDER IS A PARTNERSHIP, INSERT NAMES OF PARTNERS AND TRADENAME: _------------------- IF BIDDER IS AN INDIVIDUAL, PLEASE DESIGNATE KA?iE OF OWNER AFD TRADE - NAME: (THE SUCCESSFUL BIDDER SHALL RE REQUIRED TO FURNISH F.VIDENCF OF FINAN- CIAL CONDITION.) STATE OF .F1.01PA _ ) ) ss COUNTY OF IRMO ) Sworn to and subscribed before me this -I:Lt-k day of Se t�mber 1984, No7 Y PUHLIC My commission expires: Notary Pu�',;c, State of Florida IVY Expires Feb. 2, 1985 6ono.c lnru iray Fain; imalmta, Inc BID FORM -P10 S 1 D F O R M (Submit In Duplicate) Name of Bi 60e r : Idast,�Mana�ment Iuc _ -of F1 Se tember 12�__w__ 1984 D/B/A Southern Sanitation an DATE. 1V----- Broward Disposal arbage and trash The undersigned bidder proposes to furnish g for a,l inc.'iLEc Collection service to be picked up &XjSg yCek;y r a per 50 residences in Tamaracin condominiumssters our (4) Cu. y occupied units) from The Bids sha11 be based on the following: ITFILI-11 - ONE Rth�T9/30/85beginning 10/1/64 u Cost per month curb per unit LM-12 01/84th 0ROru,T9/30/86beginning 2.06 Cost per month per unit _ TIiR�EB4Ethruo9 30%67- beginning 10/ / 2.13 Cost per month per unit Z=_ JA !'OUR YEAR CONTRACT - beginning 10/1/64 thru 9/30/88 Cost per month per unit S.�19 _____.. _- Lull-!5 FIVE YEAR C0NTRACT - beginning 10/1/64 thru 9/30/B9 Cost per month per unit ______-- ------------ ---------------- ._� the five (5) The Y Cit requests the Bidder to submit a costforeach of items above. See attached schedule for occupied unite. The City reserves the right to accept or reject any or all bids. BID FOR1". BLT�RI�PT�_ � �N.pS?I�,�NSVI�_"pyi�PSTLB�_DNLY (Continued) amain in full force Bidder hereby agrees that the bid price shall r and effect for a period of that (60)biddayser of ternot therevtimorocance. ke opening of this bid and days. this bid within the sixty (SO ) he will enter in accordance w:tr . in the event the contr�cteementawita theto tCityhis b�ina said contzact into a formal written g s after s the accepted bid within ten (10) calendar day is submitted to him. Bidder certifies that this bid is made c ithouti ., firr- Or Persc.r, ins, agreement or connection wath y lies, or ecuip.e•t submitting a bid for the same materials, supplies, and is in all respect fair and without collusion or fraud. NAME OF FIRM W� e_Manasetaent Inc � of -Florida D1S1A Broward �spoSal n Browaxd Disposal ]MAILING ADDRESS New'-"! Street________..-- -----_- •----•___ CITY STATE - ZIP F,,,.Lauaera���,�F�o�ia�_..���0�--_�------------------- I agree to abide by all conditions of bid and cer ify th t I AT- ' authorized to sign for the bidder. PHONE NUMBER ZI------- DSI EGNATURE- (MANUAL)- - A T ORIZED SIGNATUR (TYPED) ►~TITLE - DATE ,Wt=bAXAL-1S8-4. IF BIDDER IS CORPORATION, INSERT STATE OF INCORPORATION AND NAMES OF RESIDENT CORPORATE OFFICERS: William Rulligan -- President, Robert Kauth - Vice -President, -_-_- Florida ��---------jiff `Veic-i=-Asst.'Txea-surer - IF BIDDER IS A PARTNERSHIP, INSERT NAMES OF PARTNERS AND TRADENAr:E: ----------------------------- IF BI DDF.F IS AN INDIVIDUAL, PLEASE DESIGNATE NAME OF 0'6-NEF' AND TR;.DL- NAME : —�-------------- ---_ (THE SUCCESSFUL BIDD ER SHALL BE-REOUIRED TO FURNISH EVIDENCE OF, FI1:AN- CIAL CONDITION.) STATE OF 110 11 - ) c COUNTY of JWWWP- ) Sworn to and subscribed before ale this _1?h day of SepLetahGr1gEa. - t�OTA Y PUBLIC !Sy commission expirest NDtary Pull:c, Stale of Florida Uy Expires Feb. 2, 1985 &one.0 thr.. Troy fain - Inwnncn, Inc. BID FORA - P12 Schedule of Premium Services Indicated below is the Schedule Of Premium services (extra pick- ups and oversized dumpsters) available to condominiums that are serviced by this bid/agreement, at an extra charge to t�,e Condominium Association. This rate schedule is to remain in effect during the term of the agreement: 1. Extra Pickups and oversized Dmpsters - $2.00 Per Unit Per Pickup 2. Back Door Service EXHIBIT E - $1.00 Per Month Per Unit ♦ I BID FORM - P13 See - SEC. 1 - Wirit1Q" SUB. 1.03 - Q=lZP91PX � _ALL_DFF�DEiS�-�R3.ND3PAL�.._SS'DSKi�DLP�RS_k�YID_Dk�N_L�DRE_T�7A�_1D3_DF_��"P�I� TITLE NAME___________________-____-__________-_--___________----` . --------- ------------- ----------- ---------------------- - -------------------- ------------ ------------------- -----------! ------------------------------------------------ ----------------------- -------------------------- -----fr---------------•- ---_...f.-..__..__-r_-._w------------- ------------ -_----r_.._r----_-•----------_-_--------_..___mow.-rrr__---_r--r_t__-••---_--- --r_w_-------_ t_.. ,---_-..w___._____r------------- --_-------f_----•--_-_..-_r_w__-_ r-----_- ------------------------------- -------f------------- r_--_r_-_--_.._-__•.._..rr---r_- .r_.-rw.-r----_w-----------------------r---------_--------- --------w---..-_-.-__-----_--_r-_r_r----w-------r--------"_--r---•-- ------...._r------w---r----------w---r--- --------------r..---------- ---_r_t.._-------- wm-r___--------" _-..+_-_-----w-------w--------r--wr------------------w-r_-rrw--..----_-----w-- r r r r r r r r r.r rrr - r w -rrr .. -- r r r �- - r- r r• r r r r r_ w r r r r w r w r r r r r r r w w w_ w w_ r w-_- w r__- r r_ ---r-----rr--ww-w---w---_w_-r_----r----------r-r w-rrww----r-----r----w-_---- _-rr_rrwr_wwrrw--...-wr-w-r_..-_r-.rrr-rrr-__.r_t_r_r•rwrrwr_wrwr_r-r.-_-r--_-_ EXHIBIT D CONTRACT FOR SOLID WASTE COLLECTION AND DISPOSAL TABLE OF CONTE14TS SECTION 1: DEFINITIONS Page 1 SECTION SECTION 2: 3: SCOPE OF WORK SCHEDULES AND ROUTES Page 4 Pape 7 SECTION 4: CONTRACTOR`S RELATION TO CITY Page 9 SECTION 5: QUALITY OF SERVICE Page 12 SECTION 6: EQUIPMENT Page 14 SECTION 7: WORKING CONDITIONS Page 15 SECTION 8: DISPOSAL OF REFUSE Page 15 SECTION 9: COMPLIANCE WITH LAWS & REGULATION Page 15 SECTION 10: REPORTS OF OPERATIONS Page 16 SECTION 11: INSURANCE Page 16 SECTION 12: CLAIMS AGAINST CITY Page 17 SECTION 13: CONTRACT PRICE Page 18 SECTION 14: COMMENCEMENT OF WORK Page 20 SECTION 15: ASSIGNMENT OF CONTRACT Page 20 SECTION 16: OPERATIONS DURING DISPUTE Page 20 SECTION 17: ORDINANCES Page 21 SECTION 18: AMENDMENTS Page 21 SECTION 19: CERTIFIED FINANCIAL STATEMENT REQUIRED Page 22 SECTION 20: RIGHT TO REQUIRE PERFORMANCE Page 22 SECTION 21: LAW GOVERNING Page 22 SECTION 22: SPECIAL SERVICES Page 22 SECTION 23: GENERAL Page 23 SECTION 24: NEWSPAPER COLLECTIONS Page 23 SECTION 25: RESOURCE RECOVERY PLANT Page 24 SECTION 26: EXHIBITS Page 24 r� v CONTRACT FOR THIS CONTRACT made and entered into the -.0 �day of October, 1984, by and between the CITY OF TAMARAC, a muni- cipal corporation of the State of Florida (hereinafter refer- red to as "City"), acting by and through its duly authorized City Council and Waste Management Inc. of Florida (herein- after referred to as "Contractor"). WHEREAS, the City Council of Tamarac advertised for bids for garbage and trash collection for Tamarac, Florida; and WHEREAS, Contractor submitted a bid which was determined by the City Council as the lowest fully responsive and res- ponsible bid; and 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 con- siderations recited herein, the parties hereto agree as follows: $f_CTION_1; -DEFINITIONS 1.01 Definitions in this contract are intended to further clarify terms used in the solid waste industry and not intended to contradict those definitions used in the specifications. To the extent any such contradictions exist, the specifications control. 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 f,.g=j3ct_r shall mean Waste Management Inc. of Florida, a Florida corporation. A list of all officers, principals and stockholders who own more than 10% of company is attached. 1 1.04 Wimp - The word "refuse" shall include garbage and trash, as' hereinafter defined, and all trash, rubbish, paper, glass, metal and other discarded matter which is abondoned to the City for disposal. 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 vege- tables; 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 HQP_g_eb.2_d__TrADb - 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 GAIdeD_SD�_ LD.WD_Tr_ash - The words "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 land- scaping. 1.06 gD���_rvice - 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 $pg���_���vice - The term "special service" shall mean any collection or disposal service provided which exceeds the uniform level of service provided under residen- 2 tial service systems, as per the contract, and for which a special service charge is applied. 1.10 R�ias�B�g�a1�iQn� - The term "refuse regula- tions" 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 alll - 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 C;AzDAS9__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 9yrety 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 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 ac- cordance with the terms of the contract and will pay all lawful claims. 3 1 F_J 1.15 Meh�p��1_�QDtcliner 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 Proppj:._yebicl - Any vehicle which is not in violation of any provision of this contract is a proper vehicle. 1.17 QDDtj> Coljegtiu_A'ea 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. 1.18 CDzdDzjDj m - Multifamily 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 Dujky_WAcj± e - 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. SEQT,jQN_21__SQQRS_QR_WORK Contractor shall have the exclusive right to and the sole obligation for the collection and disposal of all Resi- dential refuse within the contract collection area except as specifically excluded in this contract. 2.01 Residential_S=y_jce - QtbEr—tbAD Co dominium (a) Es&OgzjQy - 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 feet in length and any other domestic discards which may be reasonably hauled by pickup 4 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. (b) Cuan ,sty - The Contractor shall be required to pick up Sly 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. (c) I A gg: 1jere - Curbside garbage service is hereby provided for in this contract. (d) $eidgntia1 garbggg: $2W - 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, jst=�jn . N sue• Any garbage or trash spilled by the Contractor shall be picked up immediately by the Contractor. (e) 8,csid D1122_2rxmb (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) Tjj2e_ t _.GojLb&ge anti_,TljL&h - 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 5 1-1 1 1 collection or any other resource recovery program instituted by City or County. (g) MecbDD!-czI--CQnI inera - 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. (h) M2bilC_ Homes, if any, shall be serviced as residential other than condominiums. 2.02 Mech�Dis_S�4D�iD�Y__��syis� - �Qrs�QmiD�m__�n� City (a) ExegQQnry - Refuse Collection shall be twice weekly at least three days apart. The first collection per day will not be before 7:30 A.M. (b) mere - 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) �Q �j,B� �.ft SW - 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) Dj.jky_WaZja - Bulky and heavy items shall be placed at the appropriate refuse location for collection as indicated in section 2.01(a) of this agreement. L 2.03 Containers shall be provided by the Contractor at the following locations and serviced by the successful bidder as needed by City at no cost to the City: CITY HALL 5 Cu. Yds. 5811 N.W. 88th Avenue PUBLIC WORKS COMPOUND 30 Cu. Yds. 5650 N.W. 88th Avenue FIRE STATION (West) 2 Cu. Yds. 7501 N.W. 88th Avenue FIRE STATION (East) 2 Cu. Yds. 4801 W. Commercial Blvd. TAMARAC PARK 4 Cu. Yds. 7601 N. University Drive Additional locations (up to three) may be specified by the City Manager. 2.Q4 (a) bffilntenance � All containers provided by the Contractor in the City shall be scheduled for maintenance not I ess 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 two (2) years, maintenance shall be performed by the Contractor, which shall include a minimum of cleaning and painting. (b) CQMpSDgDtj� - Contractor shall not be entitled to a fee for the services provided in Paragraphs 2.03 or 2.04. 2.05 Vac Dt__I,Q_t,9 - 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 ser- vice. It will not be the responsibility of the Contractor to remove waste resulting from clearing property for building purposes. 3.01 LI S&=X-DI (a) Prior to commencing 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 7 1 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 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) �Q��QD�►1���.�y�11�Sy�D - 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 justification for the failure of Contractor to maintain the established schedules and routes. Contractor shall be responsible for removal of all refuse. 3.02 Btorm - 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, prQy!.dgd 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 [3 to be negotiated. Contractor shall provide the City with sufficient records to clearly support its claim for additional compensation. 3.03 MincellaneOD.P (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 col- lection because of such condition. 4.01 COn_t14S;=D9 ;_DJdQPVDJd9Dt__LQDtL&Q= - 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 Contrac- tor, but the method to be employed to accomplish this work shall be the responsibility of the Contractor, unless other- wise provided in the contract. 4.02ipQa�iQn_Q_�QDr�Q���m�ns� (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 in- structions or directions from any other official of the City, unless such other official has been delegated in writing by d _1 PJ the City Manager to perform specified administrative functions under this contract. 4.03 -of-F=k (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 place. 4.04 IIa.Uf?UA2_Ci19.u".t,g Dse s (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 on 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 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 10 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 �ESm_S?_� This contract shall commence on December 11 1984 and shall expire on September 30, 1987. 4.06 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 con- tract, 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. 4.07 ��n��11��Qn_Q�-. �naaalm�_-f __�QL►� If the Contractor fails to begin work at the time specified or 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 his surety fails to cure such default within two (2) days after the receipt of such notice from the City, the City may 11 C thereupon, by action of the City Council, declare the con- tract cancelled or in breach. Upon such declaration of cancellation or breach the City may, without further compen- sation 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 apply the cash bond in its possession towards its damages and it may look to the surety, the Contractor 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. City may apply the cash bond in its possession for damages incurred as a result of failure by the contractor to properly perform its obligations under this contract. BECTIDN- 5.01 �b,,��E_D1The direc- tion and supervision of refuse collection and disposal and salvage operation shall be by competent, qualified and sober personnel, and the Contractor shall devote sufficient person- nel, time and attention to the direction of the operation to assure satisfactory performance by its employees. Any em- ployee of the Contractor who misconducts himself or is incorr,- petent or negligent in the due and proper performance of his duty, or is disorderly, dishonest, drunk, or grossly discour- teous, shall be discharged. 5.02 �QpP�s,jgDQf�- The Con- tractor shall cooperate with authorized representatives of the City in every reasonable way in order to facilitate the 12 progress of the work comtemplated under this contract. It shall have at all times a competent and reliable representa- tive on duty authorized to receive orders and to act for it. (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 x special complaints or calls. (b) The Contractor shall see to it that its employees serve the public in a courteous, helpful and impartial man- ner. (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 Con- tractor in a conspicuous place. 5.03 H&a1IL9_.CQZp14,j= - 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 for- warded 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 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 Con- tractor. 13 5.0 4 Uara���_Q€_� r4�li►�Ds� 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. " 5DgT Q.1_ 5s __EOU I PMENT 6.01 Tyne - The Contractor shall use only vehicles with bodies which are water tight. Only packer -type equipment may be used for garbage collection. 6.02 Am - 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 All vehicles used by the Contractor shall be purchased new within one (1) year of the effective date of the contract. The average age of all hauling ve- hicles used during the term of this contract shall not exceed four (4) years at any time after the first year of this contract. All replacement or added vehicles shall likewise be new equipment, unless the Contract is amended otherwise. Equipment is to be maintained in a reasonable, safe, working condition; to be painted uniformly with the name of the Con- tractor, 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 Contractor 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. 14 SECT110_:71-_NUNN -OrPi IO5 7.01 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 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 CrimiD_gRe,9pXJ5 - No person convicted of a felony within two (2) years prior to application for employment shall be knowingly employed by the Contractor. 8.01 Mm - 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. SEMon- 41_._.CQMP.. MICE_k7�H_LP�� �BNP_RNSI�1��39N� The Contractor hereby agrees to abide with all appli- cable Federal, State and County laws, ordinances and regula- tions. The Contractor and its surety shall indemnify, defend and save harmless the City, all its officers, representa- tives, agents and employees against any claim or liability 15 arising from or based on the violation of any such laws, regulations, ordinances, orders or decrees, whether by itself or its employees. ,SECTI4N—. 1E Within 15 days after each 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 3 month period. S�� QN_11 uRANCE The Contractor shall not commence work under this con- tract 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 Kgrkers' . _Comp DIAJi2n -- 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 Employers' Liability Statutory $100,000 each accident 11.02Comp The Contractor shall provide and maintain during the life of this contract, at its own expense, Comprehensive General Liability insur- ance, including protection for liability arising from prem- ises, 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. 16 The limits of liability shall be as follows: Bodily Injury Liability Property Damage Liability Umbrella Coverage Not Less than $500,000 each occurrence $1,000,000 each aggregate $500,000 each occurrence $500,000 aggregate $5,000,000 aggregate The City shall be named as an additional insured on each policy. 11.03 The Con- tractor shall provide and maintain during the life of this contract, at its own expense, Comprehensive Motor Vechicle 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 each person $1,000,000 each occurrence Property Damage Liability $500,000 each occurrence Umbrella Coverage Not Less than $5,000,000. 11.04 The Contractor shall furnish the City Attorney prior to the start of any opera- tions 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 Gate, 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." S ECTL".�� 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 1 11% 1 17 property arising directly or indirectly from Contractor's operations pursuant to the contract and from and against all costs, counsel 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. 13.01 QQDpeDgaS?g -- Contractor shall be paid the following sums for all service that it provides within the City: AMQu1JT F������ Cost per month for curb $4.89 12/1/84 9/30/87 service per unit other than condominium Cost per month per $2.13 12/1/84 9/30/87 unit condiminium The prices set forth above may be increased Qnly to exactly reflect increased costs for dumping. This dumping is made by Contractor with full knowledge of increases in the cost of labor, materials, equipment and uncertainty as to the City Council that the amount of increase requested is the minimum amount that will exactly reflect the increased dumping costs. There shall be no fees or charges other than those specifically set forth in this contract. Contractor agrees for purposes of emphasis that the fees it will not seek to impose include, without limitation, drop feed and roll in - roll out fees. 18 13.02 ErenDY_Qf_��ymenf_�ns�_�Qmp�isDITn��� Gu a r anted 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. Computations 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 ser- vice. 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 houses, duplexes, triplexes, or other multi- family units) shall also receive service. Notwithstanding any other provision of this contract, the first payment to Contractor shall be due and payable after Contractor has completed three months of service. After three months of service, Contractor shall be paid for the first month, after four months Contractor shall be paid for the second month, etc. After the completion of the term of this contract, in 1987, Contractor shall be entitled to all monies withheld by City not claimed for no performance or improper performance. The three months hold back by the City shall serve as a guarantee of performance by Contractor and may be applied by the City in addition to any other guarantees of performance in the event of any default or breach of this contract by Contractor. In addition to the cash guarantee, 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 Com- pany shall hold current Certificate of Authority as accept- 19 able on Federal Bonds in accordance with U.S. Department of Treasury Circular 570, current revision. This bond taken together with the cash bond shall equal 100% of the total annual contract cost. It must provide that it will automat- ically be applied towards any and all succeeding years surety bonds. The Surety bond mugt be guaranteed by Contractor's parent company. 13.03 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 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. WORK The Contractor must commence operations by the first (1st) day of December, 1984 unless a more mutually satisfactory date is agreed upon by both the Contractor and the City and this contract is amended accordingly. The contract, or any portion therof, 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. ��'�QN� s - Q�NLA��QNS_P1J�IN�_p�SPi7T.� (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 Mk 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 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 bond and apply the cash and 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. 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, modify or otherwise alter the duties, responsibilities and operation of the Contractor in the performance of the terms of this con- tract and the City and this contract is amended accordingly. Amendments which are consistent with the purposes of this contract may be made with the mutual consent of the parties. 21 •UBT EIED EINANCIaj,_,STATEMENT_ RE=UIBY.JD_ A certified annual financial statement of its parent company shall be furnished to the City within four (4) months of the close of the fiscal year of its parent company on an annual basis throughout the term of this contract and any extention thereof. 5Z=ILZi_I.FI_GHT TO -REQUIRE PERf'QRMANCE The failure of the parties at any time to require per- formance 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. 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 22.01 Contractor shall provide a third pickup per week at any condominium requesting same at an additional fee of $2.00 per month per unit for each month when such additional pickup occurs. Oversized mechanical containers (dumpsters) shall be available for an additional $2.00 fee per month, per unit. Residences served with curbside pick up may have back door or rear yard pickup at an additional fee of 1 dollar per month per unit. This service will only be provided to an entire homeowner association, not by an individual unit agreement. 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. 22 IT N 23i__9EVfBAL 23.01 Attached hereto, incorporated herein and made a part hereof are the bidding documents for Bid No. 79-24 (Exhibit 1). In the event of a conflict between any provi- sion in the Bidding Documents and any provision in this Con- tract, the more stringent requirements vis a vis the CON- TRACTOR and any lower fees shall govern and be binding upon the parties. 23.02 In the event that the City Council is obligated to take drastic cost savings steps due to a "Peoples Choice Amendment or Amendment One" type referendum, changes in State law limiting taxing ability, an adverse judgment or other unforeseen contingency, 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 days after billing. After a grace period of 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 months service. Service shall not be billed in advance. 5PMQN_2Ai __EEMAUR_ 1Q11E.C112. 24.01 The CITY may establish a newspaper collection program, under which newspapers may be bundled and collected by the CITY or franchisees of the CITY. Title to the news- papers shall be vested in that franchisees or the CITY as a collector at the time the newspapers are picked up. CON- TRACTOR 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 par- ticular month times one-half of the dumping charge. For 23 example, if the dumping charge were $9.p0 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. TI0.1 E REQQVERY 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. Revenues or cost reductions received from the County Resource Recovery Plant by the Contractor shall be applied dollar for dollar to reducing the contract fee schedule contained in section 13. If there are additional transportation costs to Contractor due to use of a County Resource Recovery plant, then the rate schedule shall be adjusted to reimburse, dollar for dollar, to the Contractor in the rate schedule. If the use of a County Resource recovery impacts positively or negatively on Contractors costs, adjustments will be made by the City. 9Z9T1_QN_2f,* __MBJ B I IS The following Exhibits are attached to and made a part of this Contract: EXHIBIT A - Residential Designated Areas presently existing in City tly1ge) EXHIBIT B - Condominium Designated Areas presently existing in City Se.1yice) EXHIBIT C - Performance Bond EXHIBIT D - List of Officers, Principals and Stock- holders who own more than 10% of Contractors com- pany (referred to in Subsection 1.03 of this con- tract). IN WITNESS WHEREOF, the parties have caused these presents to be executed and attested to by their duly 24 authorized officers or representatives and their official seals to be affixed hereon, the day and year first above written. ATTEST; City Cle4 Witnesses; 1059C080385/t CITY OF TAMARAC By&4Lj Mayor Philip B. ravitz By t Cir alter WASTE MANAGEMENT INC. OF FLORIDA � � 4 y 25 I 11 F. * Single Family as of 6/3�/84 Multi -Family RESIDENTIAL DESIGNATED AREAS Zone Use Platted Lots/ elopment Approved Units Jnfl R-2 ;de Hills Westchester' ,on Estates/ R-4A R-D7 ,est gewater R-2 & D Duplex R-3U eenbrier R-IC R-1 athoate R-1 inlands 1-13 R-1 inlands 14-17 R-IB rth Laurel Circle (Springlake) R-1B rthwood R-3 )rthwood II R-2 DR Duplex R-4A 3radise Estates R-3 3tio HomeS/Fairmont R-4 -faker Village R_3 aringlake 11 R-3U oyglass R-IB g R-1C owe r amarac Lakes I & 2. 8 South amarac Lakes North ract 26 Heftler Homes -ract 38 Woodview -ract 47 Woodmont (Lakewood) -ro 49 (THE PINES) Tra 50 7ra _51 Woodmont Tract 53 Woodmont III) Tract 54 Woodmont Pines Tract 55 (Pines 1) Tract 57 Woodmont Tract 60 Woodmont Tract 62 Woodmont (The Islands) Tract 63 Woodmont (The Estates) Tract 64 Woodmont (LaForet) Tract 65 Woodmont Tract 69 (The Hollows) Tract 70 Woodmont (La Reserve) Tract 71 Woodmont (Golf Point) Tract 72B Woodmont (Timber Point) 'Tract 73 Woodmont Wedoewood Westwood I1 Westwood III Westwood IV/IV-A Westwood V Westwood VI Westwood VI1 (Isles of Tamarac) Woodland$ lands Villas Tit t 48 Woodmont 24 Rock island Rd Duplex S.F. Duplex Duplex Twnhse S.F. S.F. S.F. S.F. Villas Duplex S.F. Apts Twnhse Villas/ M/F Villas S.F. R-1 S.F. R-3U Apt$ R-3 S.F. R-3 Villas R-3U S.F- R-4A Villas R-IC S.F- R-3U S.F. R-3U S.F. R-3U Villas R-3U Villas R-3U S.F- R-4A S-F. R-4A S.F. R-4A S-F- R-4A S-F- R-3U S•F- R-3U S-F- R-3U S-F. R-3U S.F- R-3U S.F. R-3U Villas R-3U Villas R-IB S.F. R-1C S.F. R-1C S.F. R-1C S.F. R-lC S.F. R-IC S.F. R-1B S.F. R-2 Duplex/S.F R. 3U Twnhse R-3U Villas R-3U S.F. 65 Lots (130 701 Lots (138 30 Lots (60 95 Lots (92 521 3915 1213 10 97 171 Units 30 Lots (60 38 Lots 38 Units 358 Units 221 Units 129 Units 621 Units Units) Units) Units ) 965 24 Units 57 103 Units 79 63 Units 36 29 24 61 Units 60 Unists 118 Lots 84 Lots 15 Lots 61 Lots 45 Lots 41 lots 42 Lots 47 Lots 56 Lots 36 Lots 70 Units 178 Units 214 Lots 324 Lots 263 Lots 308 Lots 329 Lots 292 Lots 892 Lots 20 Lots 75 Units 113 Units 1 Units) OCCU; -le C' Units 13w 70 36 60 92 521 39i 5 121 1J 9F 6� 32 4 3 5 z 4: 12: 621 r,itS Units writs Units Units Ur-i :s Units Units 9E5 24 25 6 Units 63 Units z9 24 23 Ur"-s 6�11 L'rits 22 62 4 35 a1 46 19 1-c 21, 32; 26- 3�� 3Z: 1-_ SG� 23 ;1n,. t s Lin i t s EXHIBIT A F Expired Site Plans As of 6/3:'E4 C01�00�",iNI��fhCSi��r:AiED FP.EAS Development Ashmont/Kingspoint Bermuda Club Belfort/Kingspoint Cannongate Colony Club/Versailles Concord Village Concord Village Fairways Fairways III Gardens of Sabel Palm Greens APts Lakes of Carriage Hills Lime Bay Pineapple Park Rokest Sabel Palm Apts Sandpebbles Sands Point Southgate Gardens Tamarac Gardens Tract 58 Cypress 11 Tract 61 Cypress I Tract 67A Wodmont Tract 68/77 Cypress IlI Tract 67 Tract 74/75 Bonaire Treehouse * Westview Parcel R * Westview Parcel L * Tract 59 Woodmont Mission Lakes Platted Lots! Use Zone ADDrove_ Ur;+s R-3 8 r-3U R-AA R-3 & R-3U R-4A. ;k-4A R-4 A R-4A R-4A R-AA P-4 A R-4 A R-4 A R- 3U R-4A R-4A R-4A R..4A R-3 R-4A R-4 A R-4 A R-4A R-4A R-4A R- 3 p- 3U R-4A ;km-10 RM-10 R-4A R- 3 Golf Villas (Sabel Townhouse) R.4A Lakeside at Tamarac Tamarac Pointe RM-10 2-3 F1. Apts 3 F1. Apts 2-3 F1. Apts 3 F1. Apts 2-3 Fl. Apts 3 F1. Apts 3 F1. APts 3 F1, Apt$ 3 F1. AotS 3 F1. Apts 3 F1. Apts 3 F1. Apts 3 F1. APts 2 F1. Apts 3 F1. Apts 3 F1. Apts Twnhse 3 F1. Apts 2 Fl. Apts 2 F1. Apts 2 F1. Apt$ 2 F1. Apts 2 F1. Apts 3 F1. Apt$ 2 F1- A-pts 2-3 F1. Apts 2 F1. Apt$ 3 F1. Apts 3 Fl. APts 2 F1. Apts 299 972 544 60 600 545 291 174 60 66 210 534 756 69 95 240 52 570 108 268 82 95 70 360 192 826 232 93 48 74 2 F1. Apts 136 2 F1. Apts 166 2 F1. Apt$ 208 1 & 2 F1. Apt$ 200 ZXHIBIT B 174 E. 21 7t- 9z 24C 52 570 l0c B r, 62 96 70 7E 163 232 14 2 0 E 1 CHUBB GROUP of Insurance Companies CHUBS 51 John F. Kennedy Parkway, Short HMIs, New Jersey 07078 PERFORMANCE BOND Bond No. 8104-80-73 FEDERAL INSURANCE COMPANY Amount $2,515,000.00 Know all Men by these Presents, t we, WASTE MANAGEMENT, INC. OF FLORIDA, d/b/a BROWARD DISPOSAL and SOUTHERN SANITATION SERVICE, 201 Northwest 12th Avenue, Pompano Beach, Florida 33069 (hereinafter called the "Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, of Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto the CITY OF TAMARAC, 5811 Northwest 88th Avenue, Tamarac, Florida 33321 (hereinafter called the "Obligee"), in the sum of - - - - - - - - - - - -Dollars for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. 1 Sealed with our sedrs and dated this 9th day of October A. D. nineteen hundred and Cighty-fn11r_ THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated , 19 for garbage and trash collection and disposal contract (Bid No. 84-23) in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof as if fully set forth herein; NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. (This bond effective December 1st, 1984.) WASTE MANAGEMENT,FLORIDA b/a BROWAM ,I ISPOSAL and SANI:' Sri • _. M Frank R. Krohn, Assistant Secretary FEDERAL INSURANCE COMPANY By- een,'Jr. et B. Manning, Attorney -in -Fact ident Agent And Form 15-02-01 iR.v. 7-61) (Formerly 12020) P•1495 (71M) Ka► POWER OF ATTORNEY Know all Men by thane Prownta. That the FEDERAL INSURANCE COMPANY, 15 Mountain View Road, Warren, New Jersey, a New Jersey Corpora- tor;, has Constituted and appointed, artd does hereby constitute and appoint Donald S. Haufe, Charlene M. Sladewski , Deborah J. Broberg and Janet B. Manning of Oak Brook, Illinois ---------------------------------------- eac true and lawful Attorney -In -Fact to execute under such designation in its name and to affix Its corporate Seal to and deliver for and on Us behalf as nun %Iareon or otherwise, bonds or obligations on behalf of `BASTE MANAGEMENT, INC. AND SUBSIDIARIES ------------ ----•--- in Connection with bids, proposals or contracts to or with the United States of America, am State or political subdivision thereof or any person, firm or corporation. And the execution of such bond or obligation by such Attorneys -in -Fact in this Company s name and on its behalf as Surety thereon or otherwise, under its oor- porate seal, in pursuance of the authority hereby conferred shall, upon delivery thereof, be valid and binding upon this Company. In whiles Whersof, to Mid FEDERAL a1MURANCE COMPANY has, p,rstwn to Ns By -Li ss, MkOW dear P"onts Ic be Need by Na Assistant vro.rnslduw and Awrwuw secretary and Ns uttrparaI sett to be hereto of bard this 2 3rd day at August tg 3ti CoMorate self PED9AAL aKllrtAl Co1lPAN By Oevrgr Richard D. O'Carser STATE OF NEW JERSEY County of Somerset On nee 2 3rd day d August ig 83 , bskn me posonsay cams Richard D. o'Comor to me known and by me known to be Assistant s.enlry of the FEDERAL IN- SURANCE COMPANY, i e corporation described in and which esecuted the ktrego" Power of Attorney, and the said Richard D. O'Connor being by me duly.morn, did depose rid say that he is Assistant secretary of the FEDERAL INSURANCE COMPANY NO knows the corporate seal thereof; that tha Sal Oftod to the foregoing Power of Ammer is such corporate seal and was thereto anleed by nMroray of to RV4AW of said Company, and that he signed said Power of Anornay M Asahtent secretary of said Company by We authority; ono dial he is acquainted with George McClellan and know him to be the AsMwent Woe-Pneden! of said Company, and thw the signature of said George McCNMerh subscribed to said Power of Atuxney a in MM genuine handwriting of said George McClellan and was von ato anbaCfa•d by sut hordy of Mid 9y4A" and in daporent'a'gr �'II-al �^` 9 \` Acknowledged and swom to before me NOTARY t � the dtw above arraign. :� "• t PUBLIC . / JCRb`* % CERTIFICATION PATRICIA RYAN Pintac e�....,..• NOTARY PUBLIC OF NEW JERSEY STATE OF NEW JERSEY l County of Somerset )j my Commission Expires December 11, 1983 1. the undersigned. Assistant Sraretery of the FEDERAL MURANCE COMPANY, do hereby certify that the kaowkng is ■ true ORtrrpt hom the ay Laws at the said C«npamy ss adopted by Ns Board of Deeckrs an Mach 11. 1963 and moat iecemly amended March 11. 19e3 and dW this By -Low is in full lorcr and ,flee. Wlar'-gds_.,mi Section 2. AN bads, undertakings, contracts and other khslrumor" other tan as stow kr and an beho of m• Company which it is Mdhorixed by lest or No charter b a ewle. may end "be executed in the name and an behaN of the Company mew by de Chairman or to Vice4heinnan or the Pmsidam or ■ Vice -President. jointly with the secretary or on Asset" eraetay, uridv their rsspecKirg dggprMtiorna, •kCept the any are «more afNoers «enanMy-ko-hCt designowd in g" resoknbm ot the Bcerd otDhrec m sr to Execut" CarnWIM, «Nat erry power of Berney essou ed as pnHided form Secion 3 bektw, may read• any Ken bad, underlakkg «Sher o Npation so p►oridad in such resolution Or power c stam•y. Section'3. AN pawn c eedmry Ina rot anbethgN a pat Carp•rry may and "be ancuied in the rnerre ad an be haN oteecompeny, eahsr by to ChNmen r all VkeChesern arthe PteadrM a a vice, PresWerN or anAssistant VlarPnladaM. 01 dy with are Sew"M oran Asks secretary, undertalk rrspeo" de ignak»M. Tie eipnathse ot such aleoers may 6e ernprewd praegd I keener Cady that said FEDERAL DOURANCiE COMPANY is duly licwhsed 10 sansac No y and survey business in each of the Stain of to united states of Amerce. Oistrip of Oolurmis. Puerte Rim No ea h A to F'raNroes or Canads with the gaaspNon et PrNhos Edward Wad: and le oleo duly NCgrggQ W becone ad* suety an bonds, undertakings. ton., pwmNted or required by tear. LOW" det Is Assistant Secretary of PEDERAL 99KWANCE COMPANY, do hereby asrttty het pal I I - i g Power d Attorney is in ftA bone erd eN I Ginn uMWmyhrdadfMMWGIMWCMOMMMtWrrerh.N.J., thla 9th October .1584 6>Drponee set J AaeteWM ��g11R4p�,� 6t . y��'JjRS�y PFAWW Fenn21.1E 4U1M(Ed.?4MCONSENTOOFW- U-117 STATE OF ILLINOIS COUNTY OF DUPAGE On this 9th day of ACKNOWLEDGMENT OF ANNEXED INSTRUMENT ss.. October 19 84 , before me personally came Janet B. A4annin who, being by me duly swdrn, did depose and say that he is an Attorney -in -Fact of the FEDERAL INSURANCE COMPANY, and knows the corporate seal thereof; that the seal affixed to said annexed instrument is such corporate seal, and was thereto affixed by authority of the Power of Attorney of said Company, of which a Certified Copy is hereto attached, and that he signed said In- strument as an Attorney -in -Fact of said Company by like authority. Acknowledged and Sworn to before me on the date above written My Commission Expires MY COMh�iSSION E;'PIRES AUGUST. 2,, 1986 Form 21-10.103 (Rev. 5-62) 1 1 1 leis", .' � __*TA Guaranty made this 8th day of October, 1984, by Waste Management, Inc., a Delaware corporation ("WMI") to the City of Tamarac, Florida (the "City"). WHEREAS, The City has awarded Garbage and Trash Collec- tion and Disposal Bid #84-23 to Waste Management, Inc. of Florida d/b/a Southern Sanitation Service and Broward Dispos- al (the "Contractor"); and WHEREAS, Section 5.04 of the Contract for Solid Waste Collection and Disposal (the "Contract") between the City and the Contractor requires that the parent company of the Contractor guarantee the obligations of the Contractor under the Contract; and WHEREAS, Contractor is a wholly -owned subsidiary of WMI, and WMI is willing to guarantee Contractor's performance of the Contract on the terms and conditions set forth below. NOW, THEREFORE, WMI agrees as follows: 1. WMI guarantees to the City prompt and satisfactory performance of the Contract by Contractor in accordance with all the Contract's terms and conditions. In the event that Contractor defaults in performance of its obligations under the Contract, WMI shall pay to the City all damages, costs and expenses that the City is entitled to recover from the Contractor by reason of such default. 2. This guaranty shall continue in effect until all obligations of Contractor under the Contract have been satisfied. 3. The City's acceptance of this guaranty shall be evidenced by the execution of the Contract on behalf of the City. 4. Notice of default in Contractor's performance under the Contract guaranteed hereunder shall be sent by certified mail to WMI at the address set forth below postmarked no later than two days after such default. Failure to give notice within the required time period shall operate to exonerate WMI from all liability with respect to such default. General Counsel Waste Management, Inc. 3003 Butterfield Road Oak Brook, Illinois 60521 5. WMI agrees to cause its Board of Directors to execute and deliver to the City a corporate resolution authorizing WMI to enter into this Guaranty. ." 2 IN WITNESS WHEREOF, WMI has executed this Guaranty as of the day and year first above written. M.V440 11 1 CERTIFICATE The undersigned certifies that he is the duly elected, qualified and acting Secretary of Waste Management, Inc., a Delaware corporation ("Company"), and that attached hereto as Schedule A is a true and correct copy of resolutions duly adopted by the executive committee of the board of directors of the Company, and that such resolutions have not been amended or rescinded and are in full force and effect on the date hereof. Dated: October 8, 19P^ Fj 1 . . Schedule "A" EXECUTIVE COMMITTEE OF THE BOARD OF DIRECTORS RESOLUTION RESOLVED, by the Executive Committee of the Board of Directors (the "Committee") of Waste Management, Inc., a Delaware corporation (the "Company") as follows: The Committee hereby authorizes an officer of the Company to execute and deliver on behalf of the Company a guaranty of the obligations of its wholly -owned subsidiary, Waste Management, Inc. of Florida d/b/a Southern Sanitation Service and Broward Disposal, under the contract with the City of Tamarac, Florida relating to residential refuse collection and disposal. 0 1 1 BID FORM - P13 See - SEC. 1 - W4PIll"S SUB. 1.03 - t.a=zptlDx r�►LL_ DFFx�ElS�-PR�NtspBL.4�-�TptKi�DLpiRS_ic�D-DYrN_l�DRF_�I�Ar-3DS_ Df_t�Pbi� NAME TITLE ��l .�.�r._•rr--w.-r---r--r_r-r_r_r_.r--•r_r_-_•r_____«__+.---___r___-____r__r_ �---r---r--r-r-rr•r �•+�-r�-rrrr-rrrr r_rr _r_ _ r-r-r_.r '� -NONE- ____•__-r___r__._-_.-_--__ -r-r_--.rw�.----ram'-�--~---•. r.w.-..-rr-----~_rr__ - •rrr _ • r _ • _ • r _ - . _ _ • - r wry-rrwrw,-_rr•r__rr_---- w,-rrr--•---__..--r--rw-«rrr_wr_-. - .-rr.r-++r-r _.-_w__••rwr�-r•�--_-rr-r-r•rrr__rrwr_.. _ r-------------r------ - r--r-r------ r-r--_--rrr--------_r-_---• --r--------- --r • rr-err-w-r-rr---rr-rrr-.-r-r��-rf-.���-r r,.-r.�-w+�rrr------_ r..r• r _ rr _ ____" r-.--_--r_-'-r_r----- r r'----- --r---'------r--------- - r • - - w r rr--w+--r-r-l- - r rr--w--r-r w-r-------- --r------------ - - r - - - r - r - - « - r - - - --+ - r w r r r • r - w - w - r - r -rrr • r r - r- r r r r r -rrr r - - - - - - _ - - - - - •rwr-----r------- wri.r-rr----r----r - r---------r----- r •rr«rw-r-rrrwrwrrrwr �_wrwr-�r--'-r-wrrrwrr----r•r_rr rr_r•_ - r -rrwr - r r_ r_ r- r• r- r--rr-rw---------rr-rrrr•.w-•�--rr--w-r-rrwr+-rr~-r--r-wr-------r- r- r - r r r r r -rrr • r • r - « - r - r - r - r • w - - - - - - - -- w rr r-rw--- _ - - r _ - _ - r-www-r-----_.«-rrr-r.r-rr-r• • r-r-----r-----r-rr--r-r-----r •--r~-r-r�---- r --rw�-rwrr--r-r•r----w--rr_•-r_•_rr---r-_-r-r-ri--++--"r rrrr«-_ r _ • rr---_ • r . r . - - • - • - - - r - - r - - - - - - - r - - r _ - - r _ r - r _ - - -�---r- r w- - - - r - w - r - - r - r - r -wrr - r - w r - r - r - w - r r w- r r r- w r-•��r - w-r-rr-r - r- r - r - r _ - r r _ --rwrr-rw•--_r-rrrrwr--r-r-r---rrwr•-r--w•^��-rwrrr---•rrr.--rrw--r---r_rr-__ -wrrwrrrrr-.----rwrr.ww_-rr-r_--rrrr•rrrrrw•w-rrwr-_-r-•r•r_r.-w•r-r----r---_ rrr-rrr-rr•rr•_-•rw--r--r-r-r---r--«-r--r_-r-r-w-w__-r-----«-r--r------r--_- r r«--rr-r--r-rw-rrr-rr-r-r+------r'�`-r-r---r-r.r•-•r--«-rr---•r-rw•_.r.----•- - - -rrr - r - -w w - r w r - w - -r r - r - _ - _ - r -- -+• - - - r « r - r -rrr -rrr- w r.rw rr « - rw r - - « _ - _ - - r _ • _ r r _•rw-«rrr-rrr-..•_rwrrrw«r-r-rrr-rr--r-r-r-r•.-rr--r_rw-rrrr-r--«•rr.w•--_•--_ r_rrr--rwrw-ww--r-r-rw-r-r•-+ter--r-r---rrr- w-rr-r r r - - r r wrwr w - r- - r _ - - r - - r - r - -•wwwrrwr--_r_w--rr_rrr_-_rr-w-«-------------- r-rrr------wrww-wrr_-----_-r r r_r__ �-- - - - - - - - w-rwwrrw-rrr..wr.r--r. wrrr-r^-r------r-wr-rrrr-_ rr.r w---r-twwwwr--r-+rwr r.rrwrrwrwr-r--w•_rrr--_rrrr -_rr_-rw-rw-r--rrrr-«-r--------r----------r------- w -rr- w---r---�.r-r-rr-rt-r-...-r�-r--• r- r- --rrr-r-wwr_r• -rr--_ r r r_ r_--_ _ _.. _ _--_-_ r r•w r w w r r -w w r r w r r r r r w r• r r r w r -r • w w r- rr wr r r- r w r r w r w r w w w w� w r w r w w w w w w r• r_- w«_- w«- _- r- rw r r w r -_ r r w- r- r w r r• r- r r r/r r w r w r r wrr - w r w r r r w- r- w w w r- r-- r w- r r r w_-- r--_- w« -- wrrrr-•rw•rw--rw•rr.r•r•w-w•r.rrfwrr r.wr.wrrr•rrrwwr-r.wwrw-r-w-rrwr-r--r-•«-r EXHIBIT D