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BROWNING -FERRIS INDUSTRIES
VIA FEDERAL EXPRESS
January 25, 1996
Mr. Jack Neustadt
Village of Key Biscayne
85 West McIntyre Street
Key Biscayne, Florida 33149
COMMUNITY RECYCLING"
SAMPLE SPECIFICATIONS FOR COMMERCIAL FRANCHISES
Dear Mr. Neustadt:
Enclosed are contracts between BFI (or its affiliate) and Pembroke
Pines, Bay Harbor Islands and Opa-locka. Each contract has a
commercial service component, and the Pembroke Pines and Bay Harbor
Islands contracts also include residential service.
If, after you have reviewed the contracts, you have any questions,
please call. I ask only that you not release the contracts to any
third parties.
Sincerely,
BROWN IG-FERRIS �r�iDU�STRIES OF FLORIDA INC.
Ro,s M. Johns , Esq.
Director of Pu lic Affairs
'1R4.1) NW R7 (CII IRT • MIAMI Fl C)RIflA gq1 t2 • (q(WW,) RgR-'ARM • FAX• !4(l .\ FRd-d272
Recycled paper :„
SOLID WASTE COLLECTION
& DISPOSAL AGREEMENT
BETWEEN
CITY OF PEMBROKE PINES
AND
INDUSTRIAL WASTE SERVICES, INC.
SOLID WASTE COLLECTION
& DISPOSAL AGREEMENT
THIS AGREEMENT, made and entered into this [_.z_ day of '5rK q r / ,
1992, by and between the City of Pembroke Pines, Florida,( a
municipal corporation organized and existing under the laws of
the Ste of Florida, hereinafter referred to as "CITY" or
"FRANCHISING AUTHORITY", and Industrial Waste Service, Inc., a
Florida corporation authorized to do business in the State of
Florida, hereinafter referred to as "CONTRACTOR" or "FRANCHISEE".
W I T N E S S E T H:
WHEREAS, the City Commission of the City of Pembroke Pines,
Florida, has contracted with Citywide Sanitation Company Inc.,
for garbage and trash collection services pursuant to a contract
effective June 1, 1970, as amended by the agreement dated
June 18, 1979, the amendment dated July 6, 1983, the addendum
dated -January 16, 1985, the second amendment dated August 6,
1986, and the third amendment dated October 7, 1987, hereinafter
referred to as the "Contracts"; and
WHEREAS, on November 16, 1988, Resolution No. 1876, the City
Commission of the City of Pembroke Pines, Florida, authorized
Citywide Sanitation Company Inc., to assign their right and
obligations under the Contracts to Industrial Waste Services
Inc.; and
WHEREAS, the City Commission of the City of Pembroke Pines,
Florida, considers it to be in the best interests of the citizens
of th :ity to agree to replace and substitute the existing
Contract; with this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein expressed and other good and valuable
consideration the receipt and sufficiency of which is hereby
ackrowledged, the parties hereto agree as follows:
1. Each WHEREAS clause set forth above is true and correc:
and herein incorporated by this reference.
2. DEFINITIONS
For the purpose of this Agreement, the following
definitions shall apply unless the context clearly indicates or
requires a different meaning.
Agreement shall mean this Agreement, as it may
hereinafter be amended or supplemented.
Business shall mean and include all retail,
professional, wholesale, and industrial facilities and any other
commercial enterprises offering goods or services to the public.
Paae 1 of 26
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, car equipment, bicycles, etc.
Commercial Service shall mean the collection and
disposal of garbage and trash for all Business, Commercial and
Industrial establishments.
Commercial Trash shall mean every waste accumulation.
including but not limited to, dust, paper, paper cartons,
cardboard cartons, excelsior, rags, or other accumulations which
are usually attendant to the operations of a Business, Commercial
or Industrial establishment.
Condominium. 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.
Container shall mean and include any detachable metal
container designed or intended to be mechanically dumped into the
packer -type garbage truck used by Contractor and varying in size
from one (1) to eight (8) cubic yards.
Contract Collection Area shall include all of the City
of Pembroke Pines, Florida, as the boundaries of said City shall
exist at all times during the life of this Contract.
Customer shall mean any person, firm, corporation,
association, or other entity which contracts with a hauler for
the collection and disposal of solid waste from any real property
located within the City.
Duplex shall mean and include a detached two-family
structure designed or intended for occupancy by two (2) families.
Facility shall mean the resource recovery and compost
facility, structures, machinery, equipment, improvements and
ancillary facilities, constructed and operated by the
Corporation, or its successor or assign, in the City of Pembroke
Pines, Florida and elsewhere in Broward County, Florida.
Franchise Authority shall mean the City of Pembroke
Pines, Florida, a municipal corporation organized and existing
under the laws of the State of Florida.
Franchise Fee shall mean the fee charged by the
franchise authority to haulers operating within the city for the
privilege of operating and conducting business in the city as
provided for in Section 112.37 of the City Code of Ordinances.
1
Garbage shall mean every waste accumulation of animal
or vegetable matter which attends the preparation, use, cooking,
processing, handling, or storage of meats, fish, fowl, fruits,
vegetables, or other matter which is subject to decomposition,
decay, putrefaction, or the generation of noxious or offensive
gasses or odors, or which during or after decay may serve as
breeding or feeding material for flies, insects, or animals.
Garbage Can shFt11 mean and include any cylindrical,
light -gauge steel, plastic, or galvanized receptacle, closed at
one end and opened at the other, furnished with a top or lid and
appropriate lifting device and of not more than thirty-two (32)
gallon capacity and not weighing more than forty (401 pounds when
full; it shall also mean plastic bags or liners not exceeding
thirty (30) pounds gross weight securely tied at the top.
Hazardous Materials shall mean wastes that are
hazardous by reason of their pathological, explosive,
radiological, or toxic characteristics and those designated by
Federal, State, and local law, ordinance or regulation.
Horticultural Trash shall mean accumulation of lawn,
grass, or shrubbery cuttings, or clippings and dry leaf rakings,
palm fronds, small tree branches (which shall not exceed four (4)
feet in length and four (4) inches in diameter), bushes, or
shrubs, green leaf cuttings, coconuts, fruits, or other matter
usually created as refuse in the care of lawns and yards, except
large branches, trees, or bulky, or non-combustible materials not
susceptible to normal loading and collection in load -packer type
sanitation equipment used for regular collections from domestic
households. Tree trimmings and palm fronds shall be tied in
bundles not exceeding four (4) feet in length, not weighing over
fifty (50) pounds and placed at the curb for pickup.
Industrial shall mean establishments generating waste
accumulation of metal, metal products, minerals, chemicals, rock,
cement, asphalt, tar, cil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing
or slaughterhouses or other materials usually created by
industrial enterprises.
Multi -Dwelling shall mean and include any building or
structure containing four (4) or more contiguous living units and
intended exclusively for residential single persons or families.
Non-Processable Waste shall mean that portion of the
Waste stream that is not capable of being processed at the
Facility but that the Corporation agrees to accept and landfill
at no additional cost to the party delivering such Waste (other
than the Tipping Fee required under Section 2.3 hereof, including
the "pass-throughs" identified therein). This term shall include
metal furniture and appliances, concrete rubble, mixed roofing
material:., rock, gravel, and other earthen materials, equipment,
wire and cable, tree limbs, logs or lumber not more than four
1
feet long or six inches in diameter, occasional tires, and
demolition and construction debris and material, none of which
are delivered to the Corporation in quantities that constitute
Unacceptable Waste, as defined below.
Point of Delivery shall mean the location(s) identified
on Exhibit "A" attached to the Solid Waste Disposal Agreement
hereto, or other location(s) designated at any time by the
Corporation by notice to the City, at which such City is to
deliver Acceptable Waste.
Processable Waste shall mean that portion of Waste
Stream that is capable of being processed in the Corporation's
resource recovery and compost facility, including all acceptable
Waste other than Non-Processable Waste (as defined herein).
Receptacle shall mean any can, container, or other
waste holder as defined herein or which is required or permitted
to be used for the collection or disposal of solid waste under
this Contract.
Refuse Regulations. The term "refuse regulations"
shall herein refer to such laws, administrative rules,
regulations, and procedures of the City as may be established for
the purpose of carrying out or making effective the provisions of
the Solid Waste Disposal Agreement.
Residential/Residence shall mean and include a detached
single-family structure designated or intended for occupancy by
one person or by one family not utilizing a mechanical container.
Each trailer in a non -containerized area shall be deemed a
"residence", each pad space shall be deemed a single-family
structure.
Residential/Curbside Service. 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 personnel in a rapid manner with waiting or
reaching minimized. In all cases, the Contractor shall have the
authoritj to specify the precise location for such curbside
placemen:, subject to approval by the City Manager. Curbside
requirem;nts shall not apply to condominiums and other multi-
family residential buildings that use garbage dumpsters, or to
residential customers who purchase special services.
Residential/Condominium Service shall mean the
collection and disposal of garbage and trash for Condominium
units using mechanical container dumpster services.
Residential/Apartment Service shall mean the collection
and disposal of garbage and trash for Multi -Dwelling units and
apartments which are not Condominium but utilize mechanical
container dumpster service.
Reuter or Corporation} shall mean Reuter Recycling of
Florida Inc., its successors or assigns, which owns the Facility.
Solid Waste shall mean all waste accumulations
consisting of garbage, residential/household trash,
commercial/business trash and construction and demolition debris.
Solid Waste Disposal Agreement. The Agreement between
Reuter and the cities of Dania, Hallandale, Pompano Beach, and
Pembroke Pines, dated the 19th day of August 1988, as amended.
Special Material shall mean those bulky materials or
other special wastes that are not stored in standard storage
containers and cannot be picked up by a normally used collection
vehicle.
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
Agreement.
Triplex shall mean and include a detached three-family
structure designed or intended for occupancy by three (3)
families.
Unacceptable Waste shall mean Waste which would likely
pose a threat to health or safety or which may cause damage to or
materially adversely affect the operation of the Facility as
determined by the Corporation, including, but not limited to,
hazardous waste/materials of any kind or nature, such as
explosives, radioactive materials, cleaning fluids, crankcase
oils, cutting oils, paints, acids, caustics, poisons, or drugs;
pathological and biological wastes; ashes, foundry sand; sanitary
sewage and other highly diluted water -carried materials or
substances; sludges, including sewage sludge and septic and
cesspool pumpouts; human and animal remains; auto hulks and other
motor vehicles, including such major motor vehicle parts as
transmissions, real -ends, springs, and fenders; agricultural and
farm machinery and equipment and other bulky items of machinery
and equipment; liquid wastes; demolition debris; street
sweepings; mining waste; tires and excess of the quantities
allowed by the Corporation as acceptable Waste; incinerator
residue; human waste; marine vessels and major parts thereof;
transformers; batteries; trees, and lumber more than four feet
long or six inches in diameter; and truckloads of Waste delivered
to the Corporation which consist predominantly (i.e., in excess
of 50% by volume) of items of Non-Processable Waste, in which
case the entire load shall be deemed to be Unacceptable Waste.
Unacceptable Waste shall also include any other material not
permitted by law or regulation to be disposed of at a landfill
unless such landfill is specifically designed, constructed, and
licensed or permitted to receive such material.
3. CONTRACTOR'S RIGHTS
(A) The City grants to the Contractor the continued
exclusive right and obligation to provide solid waste collection
and disposal services within the City boundaries, present and
future, for all Residences, Duplex, Triplex, and Multi -Dwelling
units using curbside service.
(B) The City grants to the Contractor the non-exclusive
right to provide solid waste collection and disposal services
within the City boundaries for all existing Condominium/Multi-
Dwelling units in the City using bulk containers for their solid
waste collection and disposal.
(C) The City grants to the Contractor the exclusive
right to service any newly annexed areas within twenty-four (24)
hours after official written notification by the City and all
Residential Curbside, Apartment, Condominium, and Commercial
establishments that are certified for occupancy after February 1,
1992.
4. TERM & EFFECTIVE DATE
The term of this Contract shall be for a five (5) year
period beginning February 1, 1992 and terminating January 31,
1997. This Agreement shall become effective upon execution by
the parties hereto.
5. OPTION TO RENEW
The parties hereto agree that either party may extend
this Agreement for a subsequent five (5) year renewal term by
providing the other party written notice at least 120 days pr -or
to the expiration of the current term. This Agreement may be
terminated by the City for cause at any time during the initial
term or any extension thereof by giving Contractor written notice
thereof, provided, however, Contractor shall have 60 days from
notification of the material violation to correct said
violation(s). If the violation(s) are corrected within the above
timeframe this Agreement shall remain in effect, however if the
violation(s) are not cured within the above timeframe this
Agreement shall end without further notice required.
6. FRANCHISE FEE
(A) The City shall hold back its franchise fee,
currently at eight (8%) percent of all gross proceeds, from the
monies required to be paid to Contractor herein all in accordance
with the City's Solid Waste Franchise Ordinance, Section 112.37
of the City Code of Ordinances.
Dan. F. of ']G
7. CLASSES OF SERVICES
(A) RESIDENTIAL/CURBSIDE
(1) Frequency Contractor shall collect garbage
and trash 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 horticultural trash properly containerized or tied
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 as provided for in subsection 7(h)
herein below. The first collection per day will not be before
7:00 a.m.
(2) Ouantity. 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.
(3) Where. Curbside garbage service is hereby
provided for in this Agreement.
(4) 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. Any garbage or trash spilled by the Contractor shall be
picked up immediately by the Contractor.
(5) Residential Trash. Usual household trash may
be placed in garbage cans or plastic bags each not exceeding 32
ga'.1ons used by the household and will be packed up in the sane
manner as garbage. Garden and yard trash shall be collected from
c. rbside.
B. RESIDENTIAL/CONDOMINIUM SERVICE
(1) Frequency Refuse collection shall be twice
weekly at least three (3) days apart. The first collection per
day will not be before 7:00 a.m.
(2) 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.
(3) Now. 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.
(4) Mechanical Containers. Contractor will
provide bulk containers for each condominium/muti-dwelling in
the City of a size at least equal to that used by the
condominium/muti-dwelLng prior to Contractor's engagement as
shown on Schedule A attached hereto and by this reference made a
part hereof.
(5) COATAINERS shall be provided and serviced by
the Contractor as needed at no cost to the City.
(a) Maintenance. All containers provided by
the Contractor in the City shall be scheduled for maintenance as
needed, provided, however, the City may direct Contractor to
clean and paint containers.
(C) RESIDENTIAL/APARTMENT SERVICE
(1) Frequency Refuse collection shall be twice
weekly at least three (3) days apart. The first collection per
day will not be before 7:00 a.m.
(2) 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.
(3) 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) COMMERCIAL SERVICE
All persons occupying or maintaining a
Commercial, Business or Industrial establishment in the City,
that is provided collection and disposal services by Contractor
shall be provided regular solid waste collection services at
least two (2) times per week; provided however, in the event
garbage is not part of the solid waste generated at a commercial
establishment, collection shall occur as deemed necessary and as
determined between the Contractor and the commercial customer.
The City in its discretion may require an adjustment in the pick
up schedule or the size of the containers.
(E) SCHEDULES AND ROUTES
(1) Establishing and Maintaining. 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 routes and
schedules filed with and maintained for the City. Contractor
shall have the right to amend said routes and schedules subject
to the written approval of the City Manager which approval shall
not be unreasonably withheld. Customers under this Contract
shall receive 30 days written notification of the schedules
provided by this Agreement prior to the commencement of service
and prior to the change of any schedule once established.
Contractor shall be responsible for providing such notification,
to the customers and shall provide a copy of same to the Manager.
(2) 5fasonal Ouantity 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 justification for the failure of Contractor to
maintain the established schedules and routes. Contractor shall
be responsible for removal of all processable waste that is
properly containerized.
(3) 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 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 be negotiated. Contractor shall provide the City with
sufficient records to clearly support its claim for additional
compensation.
(F) NEWSPAPER RECYCLING
The Contractor shall provide weekly newspaper
recycling collection and disposal to all of its Customers in the
City boundaries including curbside residential pick-up free of
charge. Any revenues derived from recycling will be credited to
the City, however, if the disposal of newspapers requires payment
by Contractor, then City agrees to pay the disposal fee, provided
further that the City may choose to collect the newspapers if it
becomes a cost factor for the City.
(G) LIABILITY FOR DELAYS
(1) 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.
(2) The Contractor shall not be responsible for
delays or non-performance of the terms and provisions of this
Agreement where such delays or non-performance are caused by
events of 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.
(3) In the event of a strike of the employees of
Contractor, or any other similar labor dispute which makes
performance of this agreement by Contractor substantially
impossible, Contractor agrees that the City shall have the right
to call the bond and engage another firm to provide collection
and disposal services 120 days prior to the expiration of the
current term or extension thereof.
(H) BULK COLLECTION
(1) RESIDENTIAL. The Contractor shall, at no
charge, provide bulk collection and disposal for residential
customers within the City in February of each year for the
purpose of permitting the residents to dispose of their bulky
items. The City shall be responsible for notifying the residents
of the dates of such free bulk service. The City may at all
other times provide for additional pick up of bulk items on an
ongoing basis for an additional fee.
(2) CITY BUILDINGS. Collection of City Buildings:
(a) The Contractor shall collect and dispose
of the solid waste at all City buildings free of charge,
excluding the Reuter Facility.
(b) The Contractor shall supply the City's
Utility, Public Works & Golf Course facilities at no charge one
(1) 20 cu. yd. roll -off container.
(I) HOURS & DAYS OF COLLECTION
(1) Collections shall be made in residential
curbside areas between the hours of 7:00 a.m. and 7:00 p.m. with
no service on Sunday, except in the time of emergency or to
maintain schedules due to holidays, and as provided for in the
City Code of Ordinances. In case of conflict between this
provision and the City Code the latter shall govern.
(J) SPILLAGE AND LITTER. The Contractor shall not
litter premises in the process of making collections, but it
shall not be required to collect any waste material that has not
been placed in approved containers or in a manner not herein
provided. During hauling, all solid waste shall be contained,
tied, or enclosed so that leaking, spilling, or blowing are
prevented. In the event of spillage by the Contractor, the
Contractor shall promptly clean up the litter.
(K) PERSONNEL and working conditions
(1) PERSONNEL
(a) The Contractor• shall assign a qualified
person or persons to be in charge of its operations in the City
and shall give the name or names to the City; information
regarding experience shall also be furnished.
(b) The City has the right to require that
the Contractor's collection employees wear a clean uniform or
shirt bearing the Contractor's name.
(c) Each employee shall, at all times, carry
a valid driver license for the type of vehicle being driven.
(d) The City may request the dismissal of
any employee of the Contractor who violates any provision hereof,
or who is wanton, negligent, or discourteous in the performance
of his duties.
(e) The Contractor shall provide operating
and safety training for all personnel.
(f) Wages of all employees of the Contractor
shall equal or exceed the minimum hourly wages established by
local, state, or federal governments.
(g) No person shall be denied employment by
the Contractor for reasons of race, sex, age, creed, national
origin, or religion.
(2) WORKING CONDITIONS
(a) Fair Labor Standards Act. The
Contractor is required and hereby agrees by execution of this
Agreement 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.
(b) 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.
(L) COLLECTION EQUIPMENT. The Contractor shall have
on hand at all times, in good working order, such equipment as
shall permit the Contractor, adequately and efficiently, to
perform its duties hereunder.
Garbage collection equipment shall be of the enclosed,
loadpacker type and all equipment shall be kept in good repa;r,
appearance, and in a sanitary, clean condition at all times. The
Contractor shall have available to it at all times, reserve
equipment which can be put into service and operation within two
(2) hours of any breakdown. Such reserve equipment shall
substantially correspond, in size and capacity, to the equipment
used by the Contractor to perform its duties hereunder.
(M) MATERIALS
EXTRA -ORDINARY. Hazardous wastes, body wastes,
dead animals, abandoned vehicles, vehicle parts, large equipment,
and parts thereto will not be collected by the Contractor un2ess
specifically requested by the generator and agreed to by the
Contractor.
(N) CHARGES & RATES.
(1) RESIDENTIAL - CURBSIDE. The rate of $14.82
per month per Residence, Duplex, Triplex and Multi -Dwelling unit
curbside customer, for the period from February 1, 1992, through
September 30, 1993, with future increases or decreases will be
based on the increase or decrease in the CPI from the preceeding
April to April, as provided for in section 7(N)(5) herein below.
(a) ADDITIONAL SERVICES IN ANNEXED AREAS.
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 Agreement.
(2) RESIDENTIAL/APARTMENT
The rates to be charged by Contractor for solid waste collection
and disposal on all Multi -Dwellings and apartments without
container accounts, within the boundaries of the City, during the
initial term of this Agreement are set forth in the rate schedule
attached as Schedule B and by this reference made a part hereof.
(3) RESIDENTIAL/CONDOMINIUM
The rates to be charged by Contractor for solid waste collection
and disposal on all condominium/multi-dwelling container
accounts, within the boundaries of the City, during the initial
term of this Agreement are set forth in the rate schedule
attached as Schedule A and by this reference made a part hereof.
(4) COMMERCIAL
The rates to be charged by Contractor for solid waste collection
and disposal on all commercial accounts within the boundaries of
the City during the initial term of this Agreement are set forth
in the rate schedule attached as Schedule C and by this reference
made a part hereof.
(5) PERMITTED CPI ANNUAL INCREASE.
(a) Residential Curbside and Condominium.
During the first year of the initial term (i.e. February 1, 1992
to September 30, 1993), Contractor will have zero cost of living
nncrease. Thereafter, the rate for each subsequent annual period
of October 1 through September 30, shall be determined by the
rate in effect the immediately preceding year with an increase or
decrease for the current period based on 75% of the increase or
decrease in the Consumer Price Index relating to all urban
consumers for all items as the same is published by the United
States Bureau of Labor Statistics (hereinafter referred to as
"CPI") for the immediately preceding year based on the annual
April to April figures.
(b) Commercial and Residential Apartment. The
rate for each annual period of October 1 through September 30,
shall be determined by the rate in effect the immediately
preceding year with an increase or decrease for the current
period based on 100% of the increase or decrease in the Consumer
Price Index relating to all urban consumers for all items as the
same is published by the United States Bureau of Labor Statistics
(hereinafter referred to as "CPI") for the immediately preceding
year based on the annual April to April figures.
(6) DUMPING FEES. In determining the rates to be
charged the dumping fees to be charged to each curbside account
shall not be utilized in calculating increases or decreases to be
charged by Collector for subsequent years.
(7) TAXES. The rates set forth hereinabove are
exclusive of any and all sales taxes which may be imposed upon
the services which are the subject of this Agreement and which
such sales taxes, if any, will be borne by the parties served, to
wit, the Customers.
(8) PERMITTED PASS THROUGH FOR DISPOSAL FEE
INCREASE. In the event that the dumping fee currently paid by
Collector for disposal of trash and solid waste under this
Agreement increases or decreases after the date hereof, a pass-
thru rate adjustment will be made including the effects of sales
taxes and franchise fees applicable thereto. Further, increases
or decreases in costs incurred by Collector which are directly
related to the disposal of processable waste under this Agreement
at a different dumping site (including, but not limited to,
transportation costs) shall be treated as a pass-thru rate
adjustment. Collector shall, upon request, substantiate to City
the identification and amount of such costs. The pass through
shall be effective as of the date the increase is implemented.
(0) ANNEXED AREAS; NEW AND DISCONTINUED SERVICES
(1) ANNEXED AREAS. In those areas annexed into
the City, all commercial business, industrial or multi dwelling
properties and all residents with curbside service that are
parties to existing solid waste collection agreements may be
permitted to finish the term of any existing contracts, but may
not renew same. Upon the expiration of the exisitng solid waste
collection agreements, the Contractor shall automatically
commence providing services in accordance with the rate
schedules, terms and conditions of this Agreement.
(2) NEW AND DISCONTINUED SERVICES.
The Contractor shall commence service at any
location within the Contract area upon written notice from the
City Manager or his designee.
8. CONTRACTOR' PERFORMANCE AND COMPLIANCE WITH SOLID WASTE
COLLECTION & DISPOSAL AGREEMENT
(A) STANDARDS OF PERFORMANCE.
(1) If the Contractor fails to collect the solid
waste materials herein specified for a period in excess of six
(6) consecutive, scheduled, working days or fails to operate the
system in a satisfactory manner, as described by the attached
ordinance, for a similar period, the City may move as follows
(provided such failure is not due to war, insurrection, riot, act
of God, or any other cause beyond the Contractor's control):
(a) At its option, after written notice to
the Contractor as provided hereinafter, take over, and operate
any or all of the Contractor's equipment used in the performance
of this Agreement;
(b) Use and operate same itself until such
matter is resolved and the, Contractor is again able to carry out
his operation under this Agreement. Any and all operating
expenses incurred by the City in so doing may be deducted by it
from compensation to the Contractor hereunder.
(2) During such period, the liability of the City
to the Contractor for loss or damage to such equipment so used
shall be that of a bailee for hire, ordinary wear and tear being
specifically exempt from such liability. The liability of the
Contractor to third persons shall cease and all claims or demands
arising out of the operation of the collection service shall be
directed solely to the City.
(3) Provided, however, if the Contractor is
unable for any cause to resume performance at the end of thirty
(30) calendar days, all liability of the City under this
agreement to the Contractor shall cease and the City shall be
free to negotiate with other Contractors for the operation of
said collection service. :,uch operation with another Contractor
shall not release the Contractor herein of his liability to the
City for such breach of this agreement. In the event that this
Contract is so negotiated with a new contractor or other
contractors, third party liability of the Contractor herein shall
terminate insofar as same arises from tortious conduct in
operation of the collection service.
(B) SOLID WASTE DISPOSAL AGREEMENT. The Contractor
hereby agrees to be bound by the terms and conditions of the
Solid Waste Disposal agreement as the term is defined in the
City's Flow Control Ordinance, Section 24.22 of the City Code.
If the Contractor fails tc comply with the terms and conditions
of the Solid Waste Disposal Agreement, the City shall either take
such action as is required to cause the Contractor to comply or
cause the Waste collected by the Contractor to be collected by
another hauler and delivered to the Corporation in accordance
with the terms and conditions of the Solid Waste Disposal
Agreement.
9. TITLE TO WASTE & DISPOSAL SITE DESIGNATED
(A) City shall have vested title to all solid waste
materials generated and picked up by the Contractor within the
City limits of the City, provided; however, Contractor shall be
responsible to ensure that all "Acceptable Waste" shall be
delivered to and thereafter owned by the Corporation. The City
shall have the right to direct the site of disposal of all solid
wastes collected by the Contractor under this Agreement in
accordance with the City's Flow Control Ordinance and the Solid
waste Disposal Agreement.
(B) All solid waste for disposal shall be hauled to a
Point of Delivery wherein all Processable Waste will be accepted
by the Corporation. Contractor shall be responsible for the
treatment or disposal of all Unacceptable Waste in accordance
with applicable laws and as approved by the appropriate governing
agencies, as those terms are defined in the Solid Waste Disposal
Agreement.
10. BILLING ACCOUNTS; & PAYMENT TO CONTRACTOR
(A) BILLING ACCOUNTS
The City shall be responsible for the billing and
collection of fees for all Customers receiving service in the
City and the Contractor shall pay all costs of the billing cards
for same.
(B) PAYMENT TO CONTRACTOR. The City shall remit to
Contractor all monies collected by City for all Customers within
15 days following such collection, and upon written request of
the Contractor City shall send Contractor a certified statement
attesting to the accounts billed and amounts received on a
monthly basis. City shall not be required to pay Contractor for
any delinquent account reasonably considered uncollectible by
City.
11. COMPLAINT RECEIPT & RESOLUTION PROCEDURE
(A) Complaints. All complaints received by the
Contractor by 12:00 noon shall be resolved the same work day.
The Contractor agrees to make all reasonable and expeditious
efforts to resolve every complaint. When a complaint is received
after 12:00 noon or on the day preceding a holiday or on a
Saturday after 12:00 noon, it shall be serviced on the next
working day.
(B) 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.
12. INDEMNIFICATION AND INSURANCE
(A) INDEMNIFICATION
Contractor shall indemnify and save harmless and
defend the City, its trustees, elected and appointed officials,
agents, servants, and employees from and against any claim,
demand, or cause of action of whatsoever kind or nature arising
out of error, omission, or negligent act of Contractor, its
agents, servants, or employees in the performance of services
under this Agreement, excluding bona fide statements/expressions
of opinion, set forth as such, and contained in studies or
reports provided to City, for all costs, losses, and expenses,
including but not limited to, damages to persons or property,
judgments, and attorneys' fees arising out of or in connection
with the services performed by the Contractor pursuant to this
agreement.
The parties recognize that various provisions of
this Agreement including but not necessarily limited to this
Section, provide for indemnification by the Contractor and that
Florida Statutes §725.06 requires a specific consideration be
given therefor. The parties therefore agree that the sum of Ten
Dollars and 00/100 ($10.00), receipt of which is hereby
acknowledged, is the specific consideration for such indemnities,
and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by
Contractor. Furthermore, the parties understand and agree that
the covenants and representations relating to this
indemnification provision shall serve the term of this Agreement
and continue in full force and effect as to the party's
responsibility to indemnify.
(B) INSURANCE
The Contractor shall not commence work under this
Contract until he has obtained all insurance required under this
paragraph and such insurance has been approved by the Risk
Manager of the City nor shall the Contractor allow any
Subcontractor to commence work on his sub -contract until all
similar such insurance required of the Subcontractor has been
obtained and approved.
Certificates of Insurance, reflecting evidence of
the required insurance, shall be filed with the Risk Manager
prior to the commencement of the work. These Certificates shall
contain a provision that coverages afforded under these policies
will not be canceled until at least thirty days (30) prior to
written notice has been given to the City. Policies shall be
issued by companies authorized to do business under the laws of
the State of Florida. Policyholders and Financial Ratings must
be no less than "A" and class x respectively in the latest
edition of "Bests Key Rating Guide", published by A.M. Best
Guide.
Insurance shall be in force until all work
required to be performed under the terms of the Contract is
satisfactorily completed as evidenced by the formal acceptance by
the City. In the event the insurance certificate provided
indicates that the insurance shall terminate and lapse during the
period of this contract, then in that event, the contractor shall
furnish, at least thirty (30) days prior to the expiration of the
date of such insurance, a renewed certificate of insurance as
proof that equal and like coverage for the balance of the period
of the contract and extension thereunder is in effect. The
contractor shall not continue to work pursuant to this contract
unless all required insurance remains in full force and effect.
C. REQUIRED INSURANCE
1. Comprehensive General Liability insurance to
cover liability for bodily injury and property damage. Exposurns
to be covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on
an occurrence basis, with the following limits of liability:
a. Bodily Injury
1) Each Occurrence $1,000,000
2) Annual Aggregate 1,000,000
b. Property Damage
1) Each Occurrence
2) Annual Aggregate
c. Personal Injury
1) Annual Aggregate
1,000,000
1,000,000
1,000,000
d. Completed Operations and Products
Liability shall be maintained for two
(2) years after the final payment.
e. Property Damage Liability Insurance
shall include coverage for the following
hazards: X - explosion, C - collapse, U
- underground.
D. WORKERS COMPENSATION INSURANCE
1. Workers Compensation Insurance shall be
maintained during the life of this contract to comply with
statutory limits for all employees, and in the case any work Is
sublet, the Contractor shall require the Subcontractors similarly
to provide Workers Compensation Insurance for all the latter's
employees unless such employees are covered by the protection
afforded by the Contractor. The Contractor and his
subcontractors shall maintain during the life of this policy
Employees Liability Insurance. The following limits must be
maintained:
a.
b.
Workers Compensation Statutory
Employer's Liability $500,000 per
occurrence
E. COMPREHENSIVE AUTOMOBILE LIABILITY
1. Bodily Injury
a. Each Occurrence
b. Annual Aggregate
$1,000,000
1,000,000
2. Property damage
a. Each Occurrence
b. Annual Aggregate
1,000,000
1,000,000
Coverage shall include owned, hired, and non -owned vehicles.
The Contractor shall hold the City of Pembroke Pines, Florida,
their agents, and employees, harmless on account of claims for
damages to persons, property, or premises arising out of the
operations to complete this contract and name the City as an
additional insured under their policy.
The City reserves the right to require any other insurance
coverages it deems necessary depending upon the exposures.
13. PERMITS & LICENCES
The Contractor shall obtain, at his own expense, all permits and
licenses required by law or ordinance and maintain same in full
force and effect.
14. DEFAULT OF CONTRACT & REMEDIES
(A) LIQUIDATED DAMAGES
As a breach of the service provided by this Agreement would
cause serious and substantial damage to the City and its
occupants, and the nature of this Agreement would render it
impracticable or extremely difficult to fix the actual damage
sustained by the City by such breach, it is agreed that, in case
of breach of service, the City may elect to collect liquidated
damages for each such breach and the Contractor will pay the
City, as liquidated damages and not as penalty, the amounts set
forth below; such sums being agreed as the amount which the City
will be damaged by the breach of such service. An election to
s:ek such remedies shall not be construed as a waiver of any
legal remedies the City may have as to any subsequent breach of
:'ervice under its Agreement.
Truck beginning residential
collections before 7:00 a.m.
failure to collect missed pickup within
the time set forth herein
Repetition of complaints on a route
after notification, e.g. to replace
cans or detachable container in des-
ignated location spilling, not
closing, gate, crossing planted
areas, or similar violations.
$50.00 per day
$20.00 each -- not
to exceed 10
complaints per truck
per day
$4.00 each -- not to
exceed 10 complaints
per truck per day
Such liquidated damages as the City shall elect to collect
will be deducted from the monthly payments due the contractor.
(B) DEFAULT OF CONTRACT. Should the Contractor
abandon, delay unnecessarily in the performance of, or in any
manner refuse, or fail to comply with any of the terms of this
Agreement or neglect or refuse to comply with the instructions of
the Utility Director relative thereto, the Director shall notify
the Contractor, in writing, of such abandonment, delay, refusal,
failure, or neglect and direct him to comply with all provisions
of the Agreement. A copy of such written notice is to be mailed
to the surety on the Performance Bond and delivered to the City
Manager. The City Manager shall hear the matter at open session
within ten (10) days after receipt of such written notice from
the Director and shall, not less than five (5) days prior to the
date of such hearing, notify the Contractor and the surety on the
Performance Bond of the date and place thereof. The Contractor
agrees to be present at such hearing and show cause why the
Contractor has abandoned, delayed, refused, failed, or neglected
to comply with the terms of the Contract.
Should the Contractor fail to appear or fail to show cause
why it has abandoned, delayed, refused, failed or neglected to
comply with the terms of the Agreement to the satisfaction of the
City Manager, the City Manager may, with the consent of the City
Commission by resolution, declare a default of the Agreement and
notify the Contractor and the surety on the Performance Bond of
such declaration of default or the City Manager may take such
other action as he or she may deem advisable.
Upon receipt by the Contractor of such declaration of
default, the Contractor agrees that it will discontinue the work
upon the surety on the Performance Bond shall, within ten (10)
days of such declaration of default, assume the work the City
Manager has ordered discontinued by Contractor and proceed to
perform the same at its own cost and expense.
Upon such declaration of default, all payments remaining due
the Contractor at the time of default, less amounts due the City
from the Contractor and less all sums due the City for damage
suffered or expenses incurred by reason of default, shall be due
and payable to such surety. Thereafter, the surety shall receive
monthly payments equal to those that would have been paid the
Contractor and such Contractor continued to perform the Contract.
If such surety fails to perform, the City Manager may
complete the Contract, or any part thereof, either by day labor
or by reletting a Contract for the same, to procure other
vehicles, equipment, and facilities necessary for the completion
of the Contract, and to charge the cost of same to the Contractor
or the surety, or both, together with the costs incident thereto.
In the event the City Manager completes the Contract at a
lesser cost than would have been payable to the Contractor under
this agreement, if the same had been fulfilled by said
Contractor, City shall retain such differences. Should such cost
to the City be greater, the Contractor or surety, or both, shall
be for and pay the amount of such excess to the City.
15. BANKRUPTCY
It is agreed that if the Contractor is adjudged bankrupt,
either voluntarily or involuntarily, then this Agreement shall
terminate effective on the date and at the time the bankruptcy
petition is filed.
16. DISPUTE RESOLUTION
(A) ARBITRATION
In addition to any other remedy provided hereunder, the
City, at its option, may use arbitration to resolve any
controversy or claim arising out of or relating to this Contract
if arbitration is elected by the City. Any controversy or claim
arising out of or relating to this Contract, or breach thereof,
may be settled by arbitration in accordance with the rules of the
American arbitration association and judgment upon the award
rendered by the arbitrators may be entered in any court having
jurisdiction thereof. In the event arbitration is elected by the
City, such controversy or claim shall be submitted to one
arbitrator selected from the National Panel of The American
Arbitration association.
(B) OPERATIONS DURING DISPUTE
(1) In the event that a dispute, if any, arises
between the City and the Contractor relating to this agreement
performance or compensation hereunder, the Contractor shall
continue to render service in full compliance with all terms and
conditions of this agreement as interpreted by the City
regardless of such dispute.
(2) 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 Agreement,
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 therefore instituted by it or by the City.
(3) Notwithstanding the other provisions in this
Section, the City reserves the right to terminate the Agreement
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 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 Agreement period.
17. MISCELLANEOUS
(A) INDEPENDENT CONTRACTOR
The Contractor is an independent contractor under
this Agreement. Personal services provided by the Contractor
shall be by employees of the Contractor and subject to
supervision by the Contractor, and not as officers, employees, or
agents of the City. Personnel policies, tax responsibilities,
social security and health insurance, employee benefits,
purchasing policies and other similar administrative procedures
applicable to services rendered under this Agreement shall be
those of the Contractor.
(B) BOOKS & RECORDS
Contractor shall keep such books, records, and
accounts and require any and all subcontractors to keep records
and accounts as may be necessary in order- to record complete and
correct entries. Such books and records will be available at all
reasonable times for examination and audit by City and shall be
kept for a period of three (3) years after the completion of all
work to be performed pursuant to this agreement. Incomplete or
incorrect entries in such books and records will be grounds for
disallowance by City of any applicable fees or expenses. The
Contractor agrees to permit the City, or its authorized agents,
to audit or inspect its records respecting the accounts within
the City at any reasonable time.
(C) POINT OF CONTACT
(1) It is recognized that questions in the day-
to-day conduct of this agreement will arise. The City hereby
designates the Manager or his designee as the person to whom all
communications pertaining to the day-to-day conduct of this
Agreement shall be addressed. (City Representative).
(2) Contractor shall inform the City in writing
of the representative of Contractor to whom all matters involving
the conduct of the Project shall be addressed.
(D) NOTICES
Whenever any party desires to give notice unto any
other party, it must be given by written notice, sent by
registered United States mail, with return receipt requested,
addressed to the party for whom it is intended and the remaining
party, at the places last specified, and the places for giving of
notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this Section.
For the present, the Contractor and the City designate the
following as the respective places for giving of notice:
City:
Copy to:
Charles F Dodge, City Manager
City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, Florida 33025
Steven L. Tosias, Esquire
Josias & Goren, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Contractor: Mr. Al Casagrande
5425 N.W. 9th Avenue
Fort Lauderdale, Florida 33309
Copy to:
Atwoods Inc.
2601 Bayshore Drive
Penthouse 2
Coconut Grove, Florida 33133
(E) NO CONTINGENT FEE
Contractor warrants that it has not employed or
retained any company or person, other than a bona fide employee
working solely for Contractor to solicit or secure this agreement
and that it has not paid or agreed to pay any person, company,
corporation, individual or firm, other bona fide employee working
solely for Contractor any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of this
provision, City shall have the right to terminate the Agreement
without liability at its discretion, to deduct from the contract
price, or otherwise recover, the full amount of such fee,
commission, percentage, gift or consideration.
(F) ASSIGNMENT & AMENDMENT
(1) The Agreement, or any portion thereof, shall
not be sublet or assigned without the written consent of City.
Contractor shall not sell or otherwise dispose of any assets
during the term of this Agreement which sale or disposition will
adversely affect in any way the ability of Contractor to perform
its obligations under this Agreement without the written consent
of City.
(2) Amendments which are consistent with the
purposes of this Agreement may be made with the mutual consent of
the parties which consent is considered in a written document
executed with the same formality of equal dignity herewith.
(G) 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.
(H) LAW TO GOVERN & COMPLIANCE WITH LAWS
(1) The parties hereby irrevocably submit to the
jurisdiction of any Florida state or federal court in any action
or proceeding arising out of relating to the Agreement, and
hereby unanimously agree that all claims in respect of such
action or proceeding may be heard and determined in such court.
Each party further agrees that venue of any action to enforce
this Agreement shall be in Broward County, Florida.
(2) The Contractor hereby agrees to abide with
F.11 applicable federal, state, and county laws, ordinances, and
regulations The Contractor and its surety shall indemnify,
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.
(I) HEADINGS
Headings hereon are for convenience of reference
only and shall not be considered on any interpretation of this
Agreement.
(J) SEVERABILITY
Should any provision of this Agreement be declared
by a court of competent jurisdiction to be invalid, the same
shall not affect the validity of the Agreement as a whole, or any
part thereof, other than the part declared to be invalid.
(K) BINDING AUTHORITY
Each person signing this Agreement on behalf of
either party individually warrants that he or she has full legal
power to execute this Agreement on behalf of the party for whom
he or she is signing, and to bind and obligate such party with
respect to all provisions contained in this Contract.
(L) LEGAL REPRESENTATION
It is acknowledged that each party was represented
by counsel in the preparation of and contributed equally to the
terms and conditions of this agreement and, accordingly, the rule
that a contract shall be interpreted strictly against the party
preparing the same shall not apply herein due to the joint
contributions of both parties.
(M) ENTIRE AGREEMENT
This agreement incorporates and includes all prior
nego:iations, correspondence, conversations, agreements, or
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, it is
agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether
oral or written.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: The City, signing by and through its Mayor,
authorized to execute same by City Commission action on the 29TH
day of JANUARY , 1992, and Industrial Waste Service, Inc.,
signing by and through a, duly authorized officer.
CITY PEMBROKE PEMBROKE PINES, FLORIDA
City Seal
APP (0
Cit- Attorn
FORM:
Mayor CHARLES W FLA AGAN
STATE OF FLORIDA
ss:
COUNTY OF BROWARD
The foregoing instrument was acknowledged before me this
5TH day of FEBRUARY , 1992, by Charles W. Flanagan and Eileen
Tesh, Mayor and City Clerk, respectively, of the City of Pembroke
Pines,, Florida, a municipal corporation of Florida, and
acknps hedged they exec ated the foregoing Agreement as the proper
officials of -,the City of Pembroke Pines, and the same is the act
and' deed.'of the City.
r
IN WITNESS OF THE FOREGOING, I have set my hand and official
se0-l'at,Pembroke Pines, in the State and County aforesaid, on
FE8RUtRY 5TH' , 1992.
NOTARY PUBLIC STATE OF FLORIDA
11Y COMMISSION EXP AUG 10.1992
BONDED fl J GENERAL INS UND
My Commission Expires:
Corporate Seal
STATE OF FLORIDA
)
SS:
COUNTY OF BROWARD
d4-1-04-(
ry P hi.. PHYLLIS G. SLOAN
NO. 587875
INIIf RIAL WAS' E SERVICE INC.,
President
I HEREBY CERTIFY that on this day before me, an officer duly
qualified to take acknowledgments, personally appeared
Ralph Velocci , as President, and John CasaRrande , as
Secretary of indnctrial Waste Service. Inc., a Florida corporation, to
me known to be the persons described in and who executed the
foregoing instrument and acknowledged before me that they
executed the same.
WITNESS my hand and seal/in the $ ounty and State last
aforesaid this /E day of V.=Aocc,/4� , 1992.
Notary Public
My Commission Expires:
NOTARY F, C STATe
MY c ,N, o' r! °RIDA AT LAROs
_r 25. 1994
12-6-91;1-17-92 ;1-23-92; 1-24-92
SENT BY: XEROX Telecopier 7017; 1-16-92 ; 4:11PM ; 3052855104-► 305 437 1149;#
‘,\ -LA>) 6L\
.1snntt.. tt
MWUPW
c
SCHEDULE 8
RESIDENTIAL/APARTMENT
SERVICE & RATE SCHEDULE
PICK—UP/W
1 X
2x
3 X
4 X
5 X
6 X
7x
rt
r.
Lb-.
1
1YD. ; 2YD.
$48
$84
$127
$169
$212
$254
$279
I
$80
$150
$220
$290
$361
$426
$395
4
CONTAINER SIZE
t
3YD. 4YD.
$105
$210
$316
$421
$528
$631
$685
$140
$280
$421
$561
$701
$841
$780
6YD.
$210
$421
$631
$841
$1,053
$1,263
$1,171
i
1
BYD.
$28
$56
$84
$1,12:
$1,40:
$1,864
$1,561
NON —ROLL --OF) COMPACTOR
2 CU. YO 52.10/P,U.
3 CU. YD. 78,15/P.U.
COMPACTOR CONTAINER RENTAL & MAINTENANCE: $12.00 PER CONTAINER PER MONTH
COMPACTOR RENTAL T'O BE ARRANGED WITH CUSTOMER INDIVIDUALLY
36.01! UI ' /.LI,V/. IVIGGV91LGI 7 v l i .
V J G , M' I v r ITI 1
, l).d 7 1 U4"
JUO 4JI 114 I« C
a
111 -), q ,
r.
c
PEMBROKE PINES
COMMERICAL RATE SCHEDULE
PICK-UP/W
1 X
2 x
3 X
4 X
6X
8 X
7 X
w
ft
ft
1YD.
480
*123
$169
$212
$253
$29$
$365
UPC
:s..c_rc
2Yb.
mil c--- racc—as---....-suss
CONTAINER SIZE
$105
$198
$274
$350
$425
$501
$527
VD.
$151
$277
$377
$491
$616
$724
$863
ROLL -OFF TYPE
OPEN TOP
CONTAINERS
COMPACTOR
ROLL -OFF
4YD.
$195
$343
$490
$638
$785
$933
$1,093
= z=
CYD.
$251
$462
$683
$686
$1,086
$1,267
$1,584
8Y0.
*329
$012
$859.
$1,115
$1',374
$1,632
$1,$55
PER PULL CHARGE
136.00 PLUS DISPOSAL
146.00 PLUS DISPOSAL
NON -ROLL --OFF COMPACTOR
2 CU. YD.
3 CU. YD.
$57.30/P.U. 4 CU. Y.').
$90.85/P.U. 6 CU. YD.
MONTHLY SERVICE CHAS
20 YD.: $104,00
40 Yb.: $116.00
TO SE ARRANGED
WITH CUSTOMER
$114.60/P.U.
$181.70/P.U.
COMPACTOR AND COMPACTOR CONATAINERS RENTAL & MAINTENENCE TO BE ARRANGED
WITH CUSTOMER.
\\\-14°‘.1
SCHEDULE A
RESIDENTIAL/CONDWINUM
SERVICE & RATE SCHEDULE
=
w ..AM
0. t =ti
CONTAINER SIZE
PICKUP/W
1 X
2 X
3 X
4 X
6 x
6X
7 X
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1YD.
$33
$65
$98
$130
$163
$195
$228
2YD.
$59
$118
$177
$232
$288
$343
$398
3YD. 4YD.
$83
$184
$247
$331
$411
$494
$577
$110
$219
$330
$439
$649
$659
$770
=
6Y0.
$184
$330
$494
$659
$824
$988
*1,153
BYD.
$219
$440
$869
$879
$1,098
$1,318
$1,537
NON -ROLL -OFF COMPACTOR
2 CU. YD. $42.60/P.U.
3 CU. YD. $63.80/P
COMPACTOR CONTAINER RENTAL & MAINTENANCE: $'2.00 PER CONTAINER PER MONTH
COMPACTOR RENTAL TO BE ARRANGED WITH CUSTOME:1 INDIVIDUALLY
PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. 1016
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
PEMBROKE PINES, FLORIDA, AMENDING CHAPTER 94,
"GARBAGE, RUBBISH, LITTER AND WEEDS" BY CREATING A NEW
SUBCHAPTER ENTITLED "GARBAGE COLLECTION" AND CREATING
NEW SECTIONS 94.10 THROUGH 94.17 OF THE CODE OF
ORDINANCES OF THE CITY OF PEMBROKE PINES, FLORIDA, IN
ORDER TO CODIFY THE GARBAGE COLLECTION REQUIREMENTS
SET FORTH IN THE FRANCHISE AGREEMENT BETWEEN THE CITY
AND INDUSTRIAL WASTE SERVICES INC.; PROVIDING FCR
PENALTIES FOR VIOLATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Pembroke Pines,
Florida, has previously approved a franchise agreement with
Industrial Waste Services Inc., (IWS) for the collection and
disposal of solid waste originating in the City; and
WHEREAS, the City Commission of the City of Pembroke Pines,
Florida, finds that it is in the best interest of the residents
and citizens of the City to set forth the responsibilities of
IWS as well as that of the customers/residents and citizens of
the City with respect to the collection and disposal of solid
waste originating in the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF PEMBROKE PINES, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby
- r
ratified and £,o !ir'1med as being true and correct and are hereby
made a specific part of this Ordinance.
CODING: Words in otruck through type are deletion from
existing law;
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. 1016
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Section 2. Chapter 94 of the Code of Ordinances cf the
City of Pembroke Pines, Florida, ("Code") is hereby amended to
provide for a new Subchapter entitled "Garbage Collection" and
new Sections 94.10 through 94.21 to provide as follows:
CHAPTER 94: GARBAGE, RUBBISH, LITTER AND WEEDS
Sec. 94.10 Agreement with Private Collector.
(A) The City acting by and through its City Commission, and
in accordance with the provisions of Section 112.37 through
112.41 of the Code, approved a Solid Waste Collection & Disposal
Franchise Agreement dated January 15, 1992, as amended by the
First Amendment dated April 1, 1992 ("Agreement") between the
City and Industrial Waste Services Inc., ("Collector").
(B) All providers of Solid Waste collection and disposal
services other than Collector who provide such services within
the City boundaries shall be referred to herein as "Haulers".
All terms not otherwise defined in this Subchapter shall have
the meaning ascribed thereto in the Agreement. The Agreement is
specifically made a part hereof as Appendix A, and a copy of
same will be maintained at the City Clerk's Office at City Hall.
(C) Pursuant to the Agreement the City has granted the
Collector the following rights and obligations to provide Solid
Waste collection and disposal services:
(1) The exclusive right and obligation to provide
solid waste collection and disposal services within the City
boundaries, present and future, for all Residences, Duplex,
Triplex, and Multi -Dwelling units using Curbside Service; and
(2) The non-exclusive right to provide solid waste
collection and disposal services within the City boundaries for
all existing Condominium units or additions to Condominium units
in existence on February -1, .1992, located within the City which
use bulk containers for their solid waste collection and
disposal; and
CODING: Words in type are deletion from
existing law;
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. 1016
(3) The exclusive right to provide solid waste
collection and disposal services to any newly annexed areas
within twenty four (24) hours after official written
notification by the City; and
(4) The exclusive right and obligation to provide
solid waste collection and disposal services within the City
boundaries, present and future, for all Residential Curbside,
and all Apartments Condominium, Business_,_ Industrial and
Commercial establishments that are certified for occupancy after
February 1, 1992, and governmental establishments to the extent
permitted by law, provided, however, that a certificate of
occupancy issued as a result of remodeling with no change in
ownership of the property shall not require the Customer to
change to Collector except for construction/remodeling
demolition and debris created thereby; and
(5) The exclusive right and obligation 'to provide
solid waste collection and disposal services within the City
boundaries for all construction'or remodeling demolition and
debris within the City; and
(6) As of February 1, 1992, the exclusive right and
obligation to provide solid waste collection and disposal
services within the City boundaries for; Collector's existing
Customers; Customers/property owners in the City that have a
change in ownership; and Customers/property owners whose
contract for solid waste collection and disposal services
expires and is not renewed with the same provider.
(D) The Collector is authorized to use the public streets,
roads, alleys and other thoroughfares in the performance of the
agreements set forth in the Agreement and this subchapter.
(E) The Collector shall refrain from and take all necessary
steps to prevent the spilling of any Solid Waste in the process
of collection, transporting and disposing of same.
Sec. 94.11 Customers/Property Owners responsibilities.
All Customers and property owners in the City boundaries
are hereby required and shall use the Solid Waste collection and
disposal services of Collector as set forth in section 94.10(B)
above and are required to show proof of same prior to issuance
CODING: Words in struck through type are deletion from
existing law;
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. 1016
of a new certificate of occupancy or occupational license.
Sec. 94.12 Collection Schedule - Classes of Service Avoidance
of collection prohibited.
(A) All Solid Waste shall be collected and disposed of by
Collector for the following Classes of Service:
Residential/Curbside Residential/Condominium, Residential
Apartment, and Cor^mercial. The frequency and collection
schedules, as well as location and quantity limitations, other
than for Residential Curbside Service which is specifically set
forth herein below, shall be as set forth in the Agreement. •
(8) It shall be unlawful for any person or entity to place
or cause to be placed Solid Waste on the property of another for
the purpose of avoiding the provisions of this Subchapter.
Sec. 94.13 Residential Curbside Service; Frequency, Garbage
Receptacles and Placement for Collection.
(A) Collector shall collect Solid Waste including
horticulture trash, from residential curbside service areas two
(2) times per week, with collection at least three (3) days
apart.
/B) Customers/property owners provided with residential
curbside service in the City shall place Solid Waste in properly
prepared containers or plastic bags of not more than three (3)
feet in length. 32 gallons and weighing not more than 40 pounds
at curbside for collection. Yard trash shall be tied neatly in
bundles and placed at curbside along with Solid Waste for
collection. Newspapers shall be separately placed in containers
provided by the city or bundled in amounts not exceeding 50
pounds and placed for collection on the day designated. The
containers, yard trash and newspaper shall not be placed in the
aforementioned place sooner than 6:00 p.m. the day preceding the
regularly scheduled day of collection and shall not be permitted
to remain past 10:00 p.m. of the collection date.
Sec. 94.14 Certain Acts Prohibited.
(A} It shall be a violation of this subchapter for any
person to place Solid Waste loosely or in or on public places,
or in front of private premises except as provided herein above
CODING: Words in type are deletion from
existing law;
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•
PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. inifi
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or in the Agreement. The owner or occupant of the premises shall
be primarily responsible for the presence of Solid Waste and
yard trash, its placement and its removal.
(B) It shall be a violation of this subchapter for any
person, firm, or corporation not licensed or permitted by the
City, other than the owner, lessee, or occupant to pick-up
newspapers or Solid Waste set out for collection.
(C) It shall be a violation of this subchapter for any
person, firm, corporation or other entity, other than Collector
to collect and/or dispose of Solid Waste originating in the City
except to the extent the same is specifically permitted by the
terms of this subchapter.
Sec. 94.15 Collection of Large and Bulky Items; Residential.
The Collector shall at no charge provide bulky'collection
and disposal for residential customers within the City in
February of each year. The City.will notify residents of the
dates for such free service.
Sec. 94.16 Collection Charges and Rates.
(A) RESIDENTIAL/CURBSIDE. The rate of $14.82 per month per
Residence, Duplex, Triplex and Multi -Dwelling unit curbside
customer, for the period from February 1, 1992 through September
30, 1993, with future increases or decreases will be based on
the increase or decrease in the CPI from the preceding April to
April, as provided for herein below.
1. ADDITIONAL SERVICES IN ANNEXED AREAS. 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 the
city and to any new areas which may be built and approved for
occupancy during the term of the Agreement.
(B) RESIDENTIAL/CONDOMINIUM. The rates to be charged by
Collector for solid waste collection and disposal on all
condominium/multi-dwelling container accounts, within the
boundaries of the City, during the initial term of this
Agreement are set forth in the rate schedule attached as
Schedule A of the Agreement.
CODING: Words in type are deletion from
existing law;
Words in underscored type are additions.
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PROPOSED ORDINANCE NO. 92-23
ORDINANCE NO. 1016
REVISION NO. 1
(C) RESIDENTIAL/APARTMENT. The rates to be charged by
Collector for Solid Waste collection and disposal on all Multi -
Dwellings and apartments with container accounts, within the
boundaries of the City, during the initial term of this
Agreement are set forth in the rate schedule attached as
Schedule B of the Agreement.
(D) COMMERCIAL. The rates to be charged by Collector for
solid waste collection and disposal on all commercial accounts
within the boundaries of the City during the initial term of
this Agreement are set forth in the rate scheduled attached as
Schedule C of the Agreement. Notwithstanding the foregoing
nothing in this subchapter shall prohibit the Collector from
providing Solid Waste collection and disposal services to a
commercial account at a total charge less than the total of the
amounts shown on Schedule C of the Agreement and other charges,
if any specifically permitted by this subchapter.
(E) INITIAL DISPOSAL FEE.
For purposes of establishing the charges and rates set
forth hereinabove and in Schedules A, B and C, the initial
disposal fee is based upon $ 61.70 per ton.
(F) PERMITTED CPI ANNUAL INCREASE.
1. Residential/Curbside and Condominium. During the
first year of the initial term (i.e. February 1, 1992 to
September 30, 1993j, Collector will have zero cost of living
increase. Thereafter, the rate for each subsequent annual
period of october 1 through September 30, shall be determined by
the rate in effect the immediately preceding year with an
increase or decrease for the current period based on 75% of the
increase or decrease in the Consumer Price Index relating to all
urban consumers for all items as the same is published by the
United States Bureau of Labor Statistics (hereinafter referred
to as "CPI") for the immediately preceding year based on the
annual April to April figures.
2. Commercial and Residential/Apartment. The rate
for each annual period of October 1 through September 30, shall
be determined by the rate in effect the immediately preceding
year with an increase or decrease for the current period based
on 100% of the increase or decrease in the Consumer Price Index
CODING: Words in type are deletion from
existing law;
Words in underscored type are additions.
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
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ORDINANCE NO. 1016
relating to all urban consumers for all items as the same is
published by the United States Bureau of Labor Statistics
(hereinafter referred to as "CPI") for the immediately preceding
year based on the annual April to April figures.
(G) TIPPING/DUMPING FEES. In determining the future cost
of living adjustments in rates to be charged to each curbside
account the tipping/dumping fees shall not be utilized in
calculating increases or decreases described in paragraph (F)(1)
above which may be charged by Collector for subsequent years
(H) TAXES. The rates set forth hereinabove are exclusive
of any and all sales taxes which may be imposed upon the
services which are the subject of this Agreement and which such
sales taxes, if any, will be borne by the parties served, to
wit, the Customers.
(I) PERMITTED PASS THROUGH FOR DISPOSAL FEE INCREASE. In
the event that the dumping/tipping fee currently paid by
Collector for disposal of trash and Solid Waste under the
Agreement increases or decreases after the date hereof, a pass -
through rate adjustment will be made including the effects of
sales taxes and franchise fees applicable thereto. Further,
increases or decreases in costs incurred by Collector which are
directly related to the disposal of Processable Waste under the
Agreement at a different dumping/disposal site (including, but
not limited to, transportation costs) shall be treated as a
pass -through rate adjustment. Collector shall, upon request
substantiate to City the identification and amount of suctl
costs. The pass through shall be effective as.of the date the
increase is implemented.
Sec. 94.17 Collection and Billing of Customers.
(A) The City is the billing entity responsible for the
billing and collection of all Customers of Collector subject t9
the charges and rates set forth in this subchapter and Schedules
A. B and C attached to the Agreement. The Collector is
responsible to the City for all costs incurred by City for
billing.
(B) Each Customer of Collector shall be billed by the City
for Solid Waste collection and disposal services provided by
Collector to Customer. Billing and collection procedures used by
CODING: Words in struck through type are deletion from
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. 1016
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City shall be in accordance with the billing and collection
practices and procedures currently used by the City for billing
and collection of water and sewer accounts as set forth in
Chapter 50 of this Code.
Section 3.
If any clause, section, or other part or
application of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application ::.hall be
considered as eliminated and so not effecting the validity of
the remaining portions or applications remaining in full force
and effect.
Section 4. All Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith be and
the same are hereby repealed to the ectent of such conflict.
Section 5. This Ordinance shall become effective as
provided by law.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
PEMBROKE PINES, FLORIDA, ON THE FIRST READING, THIS 8 DAY OF
OCTOBER , 1992.
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PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1
ORDINANCE NO. i ni R
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PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY OF PEMBROKE
PINES, FLORIDA, ON THE SECOND AND FINAL READING, THIS 4 DAY OF
NOVEMBER , 1992.
CITY OF B'•'. PINES, ORIDA
CITY CLERK
Proposed by commission
MAYOR
FLANAGAN
FEKETE
AYE
AYE
ARMSTRONG AYE
THIBAULT AYE
I .EREBY CERTIFY that I
ha : approved the form NELSON AYE
of his 0 nance.
STEVEN L. iL IAS
CITY ATTORNE
-�c
a#6/c:solidwst
10-19-92
CODING: Words in type are deletion from
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FIRST AMENDMENT TO
SOLID WASTE COLLECTION
& DISPOSAL AGREEMENT
THIS FIRST AMENDMENT TO THE AGREEMENT, made and entered into this
1st day of April , 1992, by and between the City of Pembroke
Pines, Florida, a municipal corporation organized and existing
under the laws of the Ste of Florida, hereinafter referred to as
"CITY" or "FRANCHISING AUTHORITY", and Industrial Waste Service,
Inc., a Florida corporation authorized to do business in the
State of Florida, hereinafter referred to as "CONTRACTOR" or
"FRANCHISEE".
W I T N E S S E T H:
WHEREAS, on January 29, 1992, the City Commission of the City of
Pembroke Pines, Florida, approved and authorized the proper City
Officials to execute an Agreement with CONTRACTOR for garbage and
trash collection services ("Agreement"); and
WHEREAS, following the execution of the Agreement both CITY and
CONTRACTOR discovered that certain matters contained in the
Agreement needed further clarification so as to properly reflect
the origins' intent of the parties; and
WHEREAS, the City Commission of the City of Pembroke Pines,
Florida, considers it to be in the best interests of the citizens
of the City to agree to amend the Agreement as more particularly
described hereinbelow;
NOW, THEREFORE, in consideration of the mutual covenants and
agreements herein expressed and other good and valuable
consideration the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
1. Each WHEREAS clause set forth above is true and correct
and herein incorporated by this reference.
2. That Section 2 of the Agreement is hereby amended to
provide as follows:
DEFINITIONS
For the purpose of this Agreement, the following definitions
shall apply unless the context clearly indicates or requires a
different meaning.
Page 1 of 9
Commercial Service shall mean the collection and
disposal of Garbage, trash, Solid Waste and Processable Waste for
all Business, Commercial, and Industrial, hospital, school,
governmental and quasi -governmental establishments, including
the collection and disposal of Construction and Demolition
Debris.
Construction and Demolition Debris. shall mean and
include all Solid Waste requiring collection and disposal,
including but not limited to materials which are recyclable, rom
any construction or renovation site located within the City.
Processable Waste shall mean that portion of Waste
Stream that is capable of being processed in the Corporation's
resource recovery and compost facility, including but not limited
to materials which are recyclable and all acceptable Waste other
than Non-Processable Waste (as defined herein).
Rental Equipment. shall mean and include any equipment
leased in connection with the collection, disposal or recycling
of Solid Waste.
Roll Off Container. shall mean and include any
detachable metal container designed for the collection of Solid
Waste at a site and hoisted onto a Roll Off type truck for
removal and disposal.
Solid Waste shill mean all waste accumulations
consisting of garbage, residential/household trash,
commercial/business trash and construction and demolition debris,
including but not limited to all materials which are recyclable.
Surety-sha44- r-dire--party-whe- is--botmd--w-i- h- td -for
the--eentraeter--te--insure--the--payment--ef--all--lawful--debts
pertaining--te;--and--fer--the--acceptable--perferraanee--ef;--the
Agreement -
3. That Section 3 of the Agreement is hereby amended to
provide as follows:
Page 2 of 9
CONTRACTOR'S RIGHTS
(B) The City grants to the Contractor the non-exclusive
right to provide Solid Waste collection and disposal services
within the City boundaries for all existing CondominiumfMttlti-
Bweiling units or additions to Codominium units in existance on
February 1, 1992 located in the City which use bulk containers
for their solid waste collection and disposal.
(C) The City grants to the Contractor the exclusive
right to provide Solid Waste collection and disposal services
seryiee to any newly annexed areas within twenty-four (24) hours
after official written notification by the City,_
(DI The City further grants to Contractor the exclusive
right to service and all Residential Curbside, Apartment,
Condi,ainium, Business, Industrial, and Commercial establishments
that are certified for occupancy after February 1, 1992,
provided, however, a certificate of ocoupancv issued as a result
of remodeling with no change in ownership shall not require the
owner to change service to the Contractor except for the Solid
Waste (i.e. Construction Demolition and Debris) created thereby.
(E) The City grants to the Contractor the exclusive
right to provide Solid Waste collection and disposal services for
all Construction, Demolition and Renovation sites located within
the City.
(F1 The City grants to the Contractor the exclusive
right to provide Solid Waste collection and disposal services to
any Residential Apartment, Business, Commercial or Industrial
establishments for the following customers as of February 1,
1992:
(1) For CONTRACTOR's existing customers; and
(2) For customers that have a change in ownership
after the City's approval of the Agreement; and
(3) For customers which received Solid Waste
collection and disposal services in the City prior to the City's
approval of the Agreement and whose contract for such services
expires and is not renewed with the same provider in the future.
4. That Section 7 of the Agreement is hereby amended to
provide as follows:
Page 3 of 9
party, at the places last specified, and the places for giving of
notice shall remain such until they shall have been changed by
written notice in compliance with the provisions of this Section.
For the present, the Contractor and the City designate the
following as the respective places for giving of notice:
City:
Copy to:
Contractor:
Copy to:
Charles F. Dodge, City Manager
City of Pembroke Pines
10100 Pines Boulevard
Pembroke Pines, Florida 33025
Steven L. Josias, Esquire
Josias & Goren, P.A.
3099 East Commercial Boulevard
Suite 200
Fort Lauderdale, Florida 33308
Industrial Waste Services Inc.
Attn: Mr. Al Casagrande
5425 N.W. • 9th Avenue
Fort Lauderdale, Florida 33309
Attwoods Inc.
2601 S. Bayshore Drive
Penthouse 2
Coconut Grove, Florida 33133
Attn: Law Department
9. That except for those provisions which are specifically
amended herein all of the terms and conditions of the Agreement
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have made and
executed this First Amendment to Agreement on the respective
dates under each signature: The City, signing by and through its
Mayor, authorized to execute same by City Commission action on
the 1st day of APRIL , 1992, and Industrial Waste
Service, Inc., signing by and through a, duly authorized officer.
City Seal
Air 'ST :
ity Clerk
`a3 PEMBROKE PINES, FLORIDA
Mayor
Page 7 of 9
WITNESS my hand and seal in the County and State last
aforesaid this day of ��_� .\ , 1992.
Notary Public
My Commission Expires:.
NOT' �. . •..,
3 -2 44.42i
a:#10wastelst
\agmt\wastek
Page 9 of 9
FIRST AMENDMENT TO AGREEMENT
BETWEEN
TOWN OF BAY HARBOR ISLANDS
ANC
BROWNING -FERRIS INDUSTRIES OF FLORIDA INC.
For Furnishing Solid Waste
And Recycling Residential Collection Services
This is a FIRST AMENDMENT to the Agreement between: TOWN OF BAY
HARBOR ISLANDS, a Florida municipal corporation, (hereinafter referred to as
"TOWN"),and BROWNING -FERRIS INDUSTRIES OF FLORIDA, INC., a Florida
corporation, its successors and assigns, (hereinafter referred to as "CONTRACTOR") .
WITNESSETH:
IN CONSIDERATION of the mutual terms and conditions, promises, covenants set
forth, TOWN and CONTRACTOR hereby agreo to amend the Agreement For Furnishing
Solid Waste Collection Services, dated March 8, 1993, as follows:
RECITALS
A. CONTRACTOR is successor in interest to the entity that was awarded the
Contract for solid waste collectio 1 services pursuant to the TOWN's request
for proposals dated December 1, 1992, and TOWN approved said
assignment.
B. CONTRACTOR and TOWN have negotiated the privatization of residential
solid waste and recycling services and the award of this exclusive Contract
to CONTRACTOR in good faith and in accordance with Florida Law.
C. The TOWN believes the privatization of the residential solid waste and
recycling collection services is in the TOWN's best interest and will result in
significant cost savings to the TOWN and also remove substantial liability
from the TOWN.
1
D. The current number of units to be serviced under the terms of this
Agreement are approximately the following:
1. Two hundred seventy-four (274) single family homes.
2. Sixty-eight (68) duplexes.
3. One thousand two hundred fifty-seven (1,257) rental apartments.
4. One thousand four hundred eighty-one (1,481) condominiums.
5. Two hundred twenty-two (222) co-op apartments.
6. Thirty-five (35) commercial accounts.
NOW, THEREFORE, in consideration of each of the covenants and promises
contained in this Agreement, and other good and valuable considerations the receipt and
sufficiency of which is acknowledged, the parties agree as follows:
DEFINITIONS
1. Residential solid waste collection service means collection and disposal of
solid waste, Yard Trash -Regular and Yard Trash -Bulk from residential units.
2. Residential recycling collection service means collection and disposal of
those items agreed to between the TOWN and CONTRACTOR that are
listed as Exhibit "B" and made a part hereof.
3. Collection of Yard Trash -Regular shall mean vegetated materials resulting
from yard and landscaping maintenance and shall include materials such as
tree and shrub trimmings, grass -clippings, palm fronds or small tree
branches, which shall not exceed four feet (4') in length end four inches (4")
in diameter. Such trash shall be bundled or placed in garbage receptacles.
No bundle or filled container shall exceed fifty pounds (50 lbs.) in weight.
4. Yard Trash -Bulk shall mean large collections of vegetated and wood matter,
which are part of part of normal yard maintenance. Yard Trash -Bulk shall be
of the type to be readily handled by mechanical equipment of the
CONTRACTOR. Yard Trash -Bulk does not include any excessive form of
matter or debris resulting of land clearing, land development, or major
building demolition debris. Yard Trash -Bulk does not include automobiles,
and automotive components, boats and internal combustion engines. The
2
terms of the Agreement agreed to between TOWN and CONTRACTOR
evidenced by Exhibit "A", (attached hereto and made a part hereof), are
incorporated into this Agreement and restated and shall remain in full force
and effect for the provision of commercial solid waste service pursuant to its
terms.
5. The definitions contained in Chapter 9, entitled "Garbage, Trash & Waste"
of the TOWN's Code, as in effect on the date of this Contract, are
incorporated into this Agreement and made a part hereof.
TERMS OF AGREEMENT
ARTICLE 1
EXCLUSIVITY OF RESIDENTIAL SOLID
WASTE AND RECYCLING SERVICES
1. The TOWN grants to CONTRACTOR, the exclusive right to provide
residential and commercial solid waste and recycling collection service on
behalf of the TOWN.
2. The terms of the Agreement agreed to between TOWN and CONTRACTOR
evidenced by Exhibit "A", (attached hereto and made a part hereof), are
incorporated into this Agreement and restated and shall remain in full force
and effect for the provision of commercial solid waste service pursuant to its
terms.
ARTICLE 2
GENERAL TERMS AND CONDITIONS
1. The title to all residential solid waste and recycling and commercial solid
waste collected pursuant to the authority of this Agreement shall immediately
vest in the CONTRACTOR.
2. All responsibilities for the safe and proper delivery and disposal of
residential solid waste and commercial solid waste shall be with the
CONTRACTOR while same is in the CONTRACTOR's possession. The
3
CONTRACTOR must deliver such solid waste or an amount of solid waste
equal to all solid waste collected in the TOWN to a designated disposal
facility or facilities when directed by the Contract Administrator in writing and
shall pay any fees or charges established for the use thereof.
3. In providing residential solid waste and recycling collection service, the
CONTRACTOR shall be prompt, efficient, and courteous to all persons.
4. For residential solid waste collection service, the CONTRACTOR shall make
collections three times a week from the Residential Units, provided, such
solid waste is accessible to CONTRACTOR employees. For residential
recycling collection service, the CONTRACTOR shall make collections twice
a week from residential units, provided, such recyclables are not
contaminated and are accessible to CONTRACTOR.
5. All residential solid waste to be collected shall be placed in garbage
receptacles. Yard Trash -Regular shall be placed in garbage receptacles, or
securely tied in bundles cut into lengths no greater than four feet (4') in any
dimension. Single items of trash such as cuttings or limbs of over four
inches (4") in diameter shall not be required to be bundled or tied. The total
weight of any such garbage receptacle, bundle or single item of trash shall
not exceed fifty pounds (50 Ibs.). Hazardous wastes, biohazardous wastes,
and other similar wastes shall not be knowingly collected.
6. The CONTRACTOR shall make special trash collection for bulky items such
as Yard Trash -Bulk, and other materials for each Residential Unit in TOWN
on a call basis. These special collections are not intended to, and the
CONTRACTOR shall not be required to, collect hazardous waste, large
automobile parts, major construction debris or cuttings, clippings or other
trash resulting from or produced by any commercial venture, including, but
not limited to, landscaping or lawn service, and which was transported to the
Residential Unit from elsewhere. The CONTRACTOR shall not be required
to separate or collect items that are combined or commingled with waste
which is not appropriate for collection under this Agreement. Items that are
ac:eptable for collection that are placed apart from unacceptable items shall
be collected. CONTRACTOR shall provide the TOWN a forty (40) yard roll
off container for collection of white goods and CONTRACTOR shall provide
collection services for that forty (40) yard container to the TOWN as part of
this Agreement.
7. Loose material which is to be removed during a special collection shall be
bundled or containerized as required above. All waste to be collected under
this special trash collection provision must be placed at curbside.
4
8. The CONTRACTOR shall handle garbage receptacles with reasonable care
and return them to the approximate location from which they were collected.
The CONTRACTOR shall clean up all waste spilled during collection
operations.
9. The TOWN agrees to exempt residential collection service on New Year's
Day, Thanksgiving Day, and Christmas Day. If the CONTRACTOR will be
collecting on the above -mentioned holidays, it shall provide the TOWN
Administrator with notice thereof and the schedule to be followed in
adequate time for inclusion in the annual notice. The CONTRACTOR shall
not be required to perform collection services when the designated disposal
facility is closed or when County -wide natural or civil emergency conditions
are imminent and have been publicly announced by the Dade County
Administrator or the Dade County Emergency Preparedness Division.
10. Employees of the CONTRACTOR shall not be required to expose
themselves to unusual dangers in performing their duties.
11. The TOWN and the CONTRACTOR agree to continue to work together in
good faith and to coordinate their efforts to maintain and improve the level
and quality of residential solid waste and recycling collection service.
ARTICLE 3
DUTIES OF CONTRACTOR
CONTRACTOR will collect solid waste from the applicable residences and
businesses in accordance with all govemmental rules and regulations in effect at the time
of collection, and specifically agrees to comply with Chapters 9 and 12 of the TOWN Code.
CONTRACTOR shall utilize modern packer -type equipment in its collection efforts and
shall have adequate equipment on hand to service the area. CONTRACTOR shall not be
responsible for the maintenance of the containers and carts provided for these services,
and shall only be responsible for collection of solid waste and recycling in containers
approved by CONTRACTOR, such approval not to be unreasonably withheld.
CONTRACTOR shall have the ability to make any and all reasonable operational
decisions to effectively operate its business. Notwithstanding anything to the contrary,
CONTRACTOR shall not be responsible for the collection of any hazardous,
biohazardous, or toxic waste.
5
ARTICLE 4
PAYMENTS
1. Initial Rates. CONTRACTOR shall collect residential solid waste and
recycling as currently being done by the TOWN. The rates for these
services shall initially be $45,000 per month.
2. Change in Rates. The initial rate established will remain the same for two
(2) years from the date of the Agreement, except that the rate will
automatically change during the first two (2) years for disposal cost (tipping
fee) increases or decreases. Any increase in the charge incurred by the
CONTRACTOR pursuant to this Agreement as a result of tipping fee
increases at the CONTRACTOR's designated disposal facility, including the
imposition of a tax or surcharge, shall require a simultaneous adjustment in
the service fees paid to the CONTRACTOR. Such adjustment shall be
calculated by the use of a formula providing for a per month increase to the
CONTRACTOR for each $1.00 per ton increase in the disposal fees. The
calculation will be made using an assumed volume of two hundred twenty-six
(226) tons of waste disposa' a month. By way of illustration, a $10.00 per
ton increase would result in an increase in the fee paid to the
CONTRACTOR of $2,260'month. If the disposal fee is decreased by
$10.00, that decrease would result in a reduction to the CONTRACTOR
payment of $2,260 per month.
The monthly fee increase for years three (3) through eight (8) shall be based
upon the calculation of the current payment multiplied by the percentage
change in the Consumer Price Index (CPI) for all urban consumers, Miami,
all items (1976=100) or successor reports as issued by the United States
Department of Labor, Bureau of Labor Statistics, for twelve (12) months
average through September 30th of the preceding year, such CPI adjustment
will be made beginning March 1, 1997, and each year thereafter. Any
tipping fee increase or de,:rease will be calculated pursuant to the formula
in the first paragraph.
3. Payments by TOWN. TOVVN shall pay CONTRACTOR the first of the month
for services to be performed that month.
4. Unusual Costs. CONTRACTOR may petition the TOWN for a rate
adjustment on the basis of unusual changes in CONTRACTOR's cost of
doing business; including, but not limited to, revised laws, ordinances, or
regulations; changes in disposal sites or such other changes not
contemplated at the time of this Agreement. TOWN agrees to a reasonable
6
review of any such petition and shall negotiate in good faith any adjustments
to the price. If the unusual cost is a result of action taken by the TOWN, and
the parties cannot agree to an adjustment to the price, then the parties will
select a mutually agreeable arbitrator to determine what price change, if any,
will occur. In the event the unusual cost is not the result of actions of the
TOWN and the CONTRACTOR E nd TOWN cannot agree on an adjustment
to the price, then CONTRACTOR may terminate this Agreement on thirty
(30) days' notice.
5. Payments to TOWN. CONTRACTOR shall pay the TOWN fifty percent
(50%) of the revenue generated oy the residential recycling services.
6. Purchase of TOWN Equipment. CONTRACTOR shall purchase the Town
Equipment, that is identified as Exhibit "C", for the costs identified in Exhibit
„C„
ARTICLE 5
TERM
This Agreement shall commence April 1, 1995, and shall expire on the same date
eight (8) years later. This Agreement will be automatically renewed for a five-year (5 yr.)
term, unless, ninety (90) days' written notice of termination is given by either party
pursuant to the terms of this Agreement.
ARTICLE 6
DEFAULT
Should TOWN allege that CONTRACTOR is in default of the terms of this
Agreement, the TOWN shall notify in writing CONTRACTOR of such allegations and
CONTRACTOR shall have five (5) days to cure the alleged default or respond in writing
to said allegations. Any action taken to terminate this Agreement must be taken by the
Town Council at a scheduled meeting after proper notice and the expiration of any cure
period. CONTRACTOR shall be notified of the date of the meeting at least seven (7) days
prior to said meeting and the CONTRACTOR shall have the right to present its position
to the Town Council at said meeting. Notwithstanding anything to the contrary, the TOWN
will have one (1) year to terminate this Agreement if the service is not acceptable to the
TOWN for any reason. In the event this Contract is terminated in the first year,
CONTRACTOR agrees to the release of any past TOWN employees and the return of any
7
Town equipment in the CONTRACTOR's possession upon the payment by Town of the
book value, utilizing a straight-line depreciation method, of that equipment to
CONTRACTOR. The condition of vehicles shall be maintained in a manner equal to or
better than when purchased by CONTRACTOR, normal wear and tear excepted.
ARTICLE 7
NOTICES
Whenever either party desires to give notice unto the other, it must be given by
written notice, sent by certified U.S. Mail, with return receipt requested, addressed to the
party for whom it is intended, at the place last specified and the place for giving of notice
in compliance with the provisions of this paragraph. For the present, the parties designate
the following as the respective places for giving of notice, to -wit:
For TOWN:
Town Manager
9665 Bay Harbor Terrace
Bay Harbor Islands, Florida 33154
For CONTRACTOR: Robert Hely, Jr., Vice President
Browning -Ferris Industries of Florida, Inc.
2380 College Avenue
Davie. Florida 33317
Copy To:
Matthew E. Morrall
Matthew E. Morrall, P.A.
2455 East Broward Boulevard
Penthouse West
Fort Lauderdale, Florida 33304
ARTICLE 8
INDEMNIFICATION OF TOWN
CONTRACTOR shall indemnify and save harmless TOWN and its officers, agents
employees from any account of any claim originating from losses, expenses, insurance,
damages or liability resulting or arising from CONTRACTOR's performance and non-
performance of services pursuant to this Agreement, excluding any claims, losses,
expenses, injuries, damage, or liability resulting or arising from the actions of TOWN, its
8
officers, agents, or employees. The indemnification provided by this Article shall obligate
CONTRACTOR to defend at its own expense or to provide for such defense at TOWN's
option, any and all claims and suits brought against TOWN which may result from
CONTRACTOR's performance or non-performance of services pursuant to this Agreement.
CONTRACTOR shall maintain property damage and liability insurance, for the benefit of
the TOWN, during the term of this Agreement in the minimum sum of One Million Dollars
($1,000,000.00).
ARTICLE 9
COMPLIANCE WITH LAWS AND REGULATIONS
Both TOWN and CONTRACTOR shall keep fully informed of all federal and state
laws, ordinances, rules, regulations, and all orders and decrees or tribunals having
jurisdiction or authority which in any manner affect the work, or which in any way affect the
conduct of the work. Both TOWN and CONTRACTOR shall at all times observe and
comply with all such laws, ordinances, rules, regulations, order and decrees; and
CONTRACTOR shall protect and indemnify TOWN and all of its officers, agents, servants
or employees against any such claim or liability arising from or based on the violation of
any such law, ordinance, rules, regulation, order or decree caused or committee by
CONTRACTOR, subject to a standard of reasonableness for actions taken by TOWN, its
representatives, subcontractors, subcontractors, professional associates, agents, servants
or employees. Additionally, CONTRACTOR shall obtain all licenses and permits to
conduct business pursuant to this Agreement from the federal government, state of
Florida, County of Dade, and municipalities when legally required.
ARTICLE 10
ACCEPTANCE OF RIGHTS
By acceptance of the rights and privileges granted pursuant to this Agreement,
TOWN and CONTRACTOR agree to comply with each and every provision, term, and
condition hereof, including, without limitation, any additions or amendments hereinafter
adopted, all federal and state laws, all local laws, ordinances, rules, regulations, and all
orders and decrees of bodies or tribunals having jurisdiction or authority, which in any
manner affect the work, or which in any way affect the conduct of the work, and any
amendments thereto.
9
-1,/
ARTICLE 11
LAWS TO GOVERN
This Agreement shall be governed by the laws of the State of Florida.
ARTICLE 12
ASSIGNMENT AND SUB -LETTING
No assignment of this Agreement or any right accruing under this Agreement shall
be made in whole or in part absent the written consent of the Town Council. In the event
of any assignment, the assignee shall assume any liability of CONTRACTOR.
ARTICLE 13
PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters contained herein
and the parties agree that there' are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this document.
Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon
any prior representations or agreements whether oral or written except for the Agreement
for commercial collection attached hereto as Exhibit "A".
It is further understood that no modification, amendment or alteration in the terms
or conditions contained herein shall be effective unless contained in a written document
executed with the same formeiity and of equal dignity herewith.
IN WITNESS WHEREOF, the parties have made and executed this First
Amendment to Agreement on the respective dates under each signature: TOWN OF BAY
HARBOR ISLANDS, signing by and through its Mayor or Vice Mayor, authorized to
10
V,
execute same by Board action on the taehday of February uary , 1995, and BROWNING -
FERRIS INDUSTRIES OF FLORIDA, INC., signing by and through its Vice President, duly
authorized to execute same.
ATTEST:
City Clerk
ty-Attorlp
TOWN:
TOWN OF BAY HARBOR ISLANDS
By: `//
Date:
Edward M. Tavlin, Mayor
CONTRACTOR:
BROWNING -FERRIS INDUSTRIES
OF FLORIDA, INC.
By:
Robert Hely, Jr., Vice re ident
Date: /4-6-7/. .7) /5 55---
11
4
EXHIBIT "A"
AGREEMENT BETWEEN TOWN OF BAY HARBOR ISLANDS
AND COUNTY WASTE, INC.
For the provision of exclusive solid waste
collection services to those accounts
not serviced by the Town
THI AGREEMENT is
of % , 1993, by and between COUNTY
Florida corporation ("County Waste") , 2113 S
Hollywood, FL 33083, and TOWN OF BAY HARBOR
municipal corporation ("Town").
made and entered into this day
WASTE, INC., a
. W. 58 Way,
ISLANDS, a Florida
RECITALS
A. County Waste is awarded the exclusive contract to
provide solid waste collection services pursuant to the Town's
Request far Proposals that were received December 1, 1992.
B. The Town and County Waste have negotiated this
Agreement in good faith.
NoW, THEREFORE, in consideration of the mutual
covenants and promises contained in this Agreement and other good
and valuable consideration, the receipt and sufficiency of which
is acknowledged, the patties agree as follows:
TERMS OF AGREEMENT
ARTICLE I
EXCLUSIVITY OF SERVICE
The Town grants to County Waste the exc usive right to
provide solid waste and trash collection service on behalf of the
Town to such businesses if any, that are designated as not
serviced by the Town. At the time of this Agreement these
locations are as designated on Exhibit A. These locations may be
increased or decreased at the Town's option upon the giving of 15
day written notice but if the additions of these locations
requires special equipment that cannot reasonably be delivered
within 15 days•the Town and County Waste shall agree to a
reasonable time to start services.
1
ARTICLE II
DUTIES OF COUNTY WASTE
County Waste will collect solid waste from the
applicable businesses in accordance with all governmental rules
and regulations in effect at the time of collection, and
specifically agrees to comply with Chapters 9 and 12 of the Town
Code. County Waste shall utilize modern packer type equipment in
its collection efforts and shall have adequate equipment on hand
to rervice the area. County Waste shall not be responsible for
the maintenance of the containers and carts provided for these
services, and shall only be responsible for collection of solid
waste in containers approved by County Waste, such approval not
to be reasonably withheld. County Waste shall have the ability
to make any and all reasonable operational decisions to
effectively operate its business. Notwithstanding anything to
the contrary, County Waste shall not be responsible for the
collection of any hazardous, biohazardous, or toxic waste.
ARTICLE III
PAYMENTS
A. Initial Rates. County Waste shall collect
commercial refuse as required by the commercial account and as
directed by the Town. For collection of commercial refuse (solid
waste) the initial rates and charges shall be those established
on Exhibit 8.
B. Change in Rates. The initial rates established in
Exhibit B will remain the same for one (1) year from the date of
the Agreement. After the first year the rates will change
automatically for changes in the cost of disposal of solid waste.
The disposal cost (tipping fee) pass through shall be calculated
on fourteen (14) loose yards a ton and shall be calculated using
$59.00 a ton (the current tipping fee) as the base disposal fee.
C. Payments By Town. Town shall pay County Waste on
the 1st of the month for services to be performed that month.
Town agrees to -pay County Waste for all services rendered,
irrespective of payments of commercial accounts to Town. All
monthly billings shall be itemized in detail in accordance with
the requirements of the Town as set forth in the Request for
Proposals provided by the Town to County Waste, and which terms
are incorporated by reference, for all purposes.
D. Unusual Costs. County Waste may petition the Town
for a rate adjustment on the basis of unusual changes in County
Waste's cost of doing business; including but not limited to,
revised laws, ordinances, or regulations; changes in disposal
sites or such other changes not contemplated at the time of this
2
Agreement. Town agrees to a reasonable review of any such
petition but is not obligated to grant such rate adjustment.
ARTICLE IV
•TERM
. This Agreement shall commence March 15, 1993, and shall
expire on the same -date three (3) years later. This Agreement
wir.l be automatically renewed for a three (3) year term unless
ninety (90) days written notice of termination is given by either
party pursuant to the terms of this Agreement.
ARTICLE V
DEFAULT
Should Town allege that County Waste is in default of
the terms of this Agreement, the Town shall notify in writing
County Waste of such allegations and County Waste shall have five
(5) days to cure the alleged default or respond in writing to
said allegations. Any action taken to terminate this Agreement
must be taken by the Town Council at a regularly scheduled
meeting after proper notice and the expiration of any cure
period. County Waste shall be notified of the date of the
meeting at least seven (7) days prior to said meeting.
ARTICLE VI
NOTICES
Whenever either party desires to give notice unto the
other, it must be given by written notice, sent by certified U.S.
Mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified and the place
for giving of notice in compliance with the provisions of this
paragraph. For the present, the parties designate the following
as the respective places for. giving of notice, to -wit:
For Town:
For County Waste:
Town Manager
9665 Hay Harbor Terrace
Bay Harbor Islands, FL 33154
Vice
Andrew Coniglio, President
County Waste, Inc.
3113 s. W. 58 Way
Hollywood, FL
3
Copy to:
Matthew E. Morrall, Esquire
2455 E. Sunrise Boulevard
Penthouse West
International Building
Fort Lauderdale, FL 33304
ARTICLE VII
INDEMNIFICATION OP TOWN
County Waste shall indemnify and save harmless Town and
its officers, agents, employees from any account of any claim
originating from losses, expenses, insurance, damages or •
liability resulting or arising from County Waste's performance
and non-performance of services pursuant to this Agreement,
excluding any claims, losses, expenses, injuries, damage, or
liability resulting or arising from the actions of Town, Its
officers, agents, or employees. The indemnification provided by
this Article shall obligate County Waste to defend at its own
expense or to provide for such defense at Town's option, any and
all claims and suits brought against Town which may result from
County Waste's performance or non-performance of services
pursuant to this Agreement. County Waste shall maintain property
damage and liability insurance, for the benefit of the Town,
during the term of this Agreement in the minimum sum of $1
million dollars.
ARTICLE VIII
COMPLIANCE WITH LAWS AND REGULATIONS
Both Town and County Waste shall keep fully informed of
all federal and state laws, ail local laws, ordinances, rules,
regulations, and all orders and decrees or tribunals having
jurisdiction or authority which in any manner affect the work,or
which in any way affect the conduct of the work. Both Town and
County Waste shall at all times observe and comply with all such
laws, ordinances, rules, regulations, orders and decrees; and
County Waste shall protect and indemnify Town and all of its
officers, agents, servants or employees against any such claim or
liability arising from or based on the violation of any such law,
ordinance, rule, regulation, order or decree caused or committed
by County waste, subject to a standard of reasonableness for
actions taken by Town, its representatives, subcontractors,
aubconsultants, professional associates, agents, servants or
employees. Additionally, County Waste shall obtain all licensee
and permits to conduct business pursuant to this Agreement from
the fader*l government, state of Florida, County of Broward and
municipalities when legally required.
4
ARTICLE IX
ACCEPTANCE OF RIGHTS
Sy acceptance ce the rights and privileges granted
pursuant to this Agreement, Town and County Waste agree to comply
with each and every provision, tern, and condition hereof
including, without limitation, any additions or amendments
hereinafter adopted, all `ederal and state laws, all local laws,
ordinances, rules, regulations, and all orders and decrees of
bodies or tribunals having jurisdiction or authority, which in
any manner affect the work. or which in any way affect the
conduct of the work, and any amendments thereto.
ARTICLE X
LAWS TO GOVERN
This Agreement shall be governed by the laws of the
State of Florida.
ARTICLE XI
ASSIGNMENT AND SUS -LETTING
No assignment of this Agreement or any right accruing
under this Agreement shall be made in whole or in part absent the
written consent of the Tcon Council. In the event of any
assignment, the assignee shall assume any liability of County
Waste.
ARTICLE XII
PRIOR AGREEMENTS SUPERSEDED
This Agreement incorporates and Includes all prior
negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or
understandings concerning the subject matter of this Agreement
that are not contained in this document. Accordingly, It is
agreed that no deviation from the terms hereof shalt be
predicated upon any prior representations or agreements whether
oral or written.
It in further understood that no modification,
amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document
executed with the sauce formality and of equal dignity herewith.
5
ARTICLE XIII
LITIGATION
.Jurisdiction and venue for all purposes relating to
this Agreement shall be tuade in trade County, Florida. In the
event of any litigation arising out of this Agreement, the
prevailing party shall be entitled to reasonable attorney's fees
and coate.
IN WITNESS WHEREOF, the parties have made and executed
this Agreement on the respective dates under each signature.
Atte2.t.f"
City Cler
ttest.:
Name: GYs
41145,0e4 /'Y•91'J -�-
Ti tl a :,Aas&seir
BAYHAP 8O/MEM
TOWN O 7 . AY [[ ' • : • •, I - S
BY L•/1 .1t i1
Mayor J
Dates
3
3
COUNTY WASTE, INC.
a Florida co •orati
By:
Nam � �. l•d.i
Titles tl?'g A , veTwr
Date: ..i/Ah i
t
6
.
•
EXHIBIT A
1. Fine Foods Market
2. Cafe Gisela
3. Bay Harbor Dell
4. Cafe Chauveron
5. Mediterranean
6. The Palm
7. Danilio's Court
9. Seafood Garden
9. Cafe Couscous
10. Swiriz
1077 95 Street
1089 Kane Concourse
1067 95 Street
9561 E. Bay Harbor Drive
9101 E. Bay Harbor Drive
9650 E. Bay• darbor Drive
1045 95 Street
9601 E. Bay Harbor Drive
1111 Kane Concourse
1166 Kane Concourse
7
EXHIBIT B
PER 1 -YD CONTAINER
$6.50 per yard 6X ( Monday -Saturday)
$7.50 per yard for Sunday
PER 90 --GALLON CART
1-90 gallon 6X (Monday-Sacnrday) $2.76 per cart
1-90 gallon Sunday $3.21 per cart
8
EXHIBIT "B"
RECYCLABLE MATERIALS
Newspaper
Aluminum cans
Glass
Plastics
- fresh newspapers, not sunburned, including the normal
circulation percentage of rotogravure and colored
sections; collected and handled separately from
regularly collected solid waste and packed loose as
received, tied in twine, in paper bags, or in corrugated
cardboard. In addition to newsprint, includes all glossy
and other inserts normally included with the newspaper.
- 100% aluminum beverage containers and steel bi-
metal cans.
Clear colorless glass bottles and containers, green
glass bottles and containers, brown glass bottles and
containers excluding broken glass, light bulbs,
ceramics, stones, dirt, plate or window glass, heat -
resistant glass, or lead -based glass.
Containers made of High -Density Polyethylene (HDPE)
and Polyethylene Terephalate (PET) beverage bottles,
types 1, 2, and 3, rinsed with caps removed.
EXHIBIT C
COLLECTION EQUIPMENT
1 - 1986 International Harvester Diesel Auto 20yd E -Z Pack
Model No. C -200D
VIN: 1 HTLCHYR3GHA 51497
1 - 1988 Ford F-800 Diesel Auto '88 :'0yd Loadmaster
Model No. LM 320
VIN: 1 FDXK84AOJVA 45501
1 - 1990 Ford F-800 Diesel Auto '90 20yd Loadmaster
Mode No. LM120
VIN: 1 FDXK84A2LVA 04810
All trucks above are equipped with cast tippers (Toter)
Ex. C/CWI I
$ 3,000
$10,000
$12,500
TOTAL: $25500
AGREEMENT
THIS AGREEMENT, made and entered into this ,g day of
July, 1988 by and between THE CITY OF OPA-LOCKA, a municipal
corporation organized and existing under the laws of the State of
Florida, (hereinafter referred to as "CITY") and INDUSTRIAL WASTE
SERVICES, INC., a Florida corporation, (hereinafter referred to
as "IWS").
WITNESSETH:
WHEREAS, the CITY has determined that it is in its best
interest to issue a license to IWS to engage in waste collection
for commercial establishments and non-residential units within
the CITY and to service these establishments in collecting
garbage, waste and trash; and,
WHEREAS, the CITY Commission of the City of Opa Locka has
determined that IWS is qualified to serve in the aforesaid
capacity and that it has met the specifications set forth in the
Ordinances of the CITY; and,
WHEREAS, IWS is desirous of obtaining a license from the
CITY to provide the waste collection services as set forth
herein.
IOW, '.HEREtORE, in consideiation of the promises, t€rms and
conditions hereinafter set forth, the parties agree as follows:
1. LICENSE TO OPERATE -
A. The CITY hereby issues a license to IWS to engage
in waste collection from commercial establishments and non-
residential units within the CITY and to service these
establishments in collecting garbage, waste and trash in
arc_ordance witwirl, the pro:_ , ; c ..., of t'., Ordinances vl t he City of
Opa Locka, this Agreement and the rules and regulations of the
CITY applicable to the collection of waste. IWS agrees to fully
comply with all of the aforesaid requirements and provisions of
the Ordinances of the City of Opa Locka, this Agreement and the
rules and regul Lions of the CITY applicable to the collection of
,ste.
B. In accordance with City Ordinances, IWS shall be
the sole entity permitted to collect waste from commerical
establishments and non-residential urti.o within the CITY. All
work relative to the collections contemplated in this Agreement
shall be performed as scheduled in a workman -like manner. Upon
completing each collection permitted hereunder, IWS shall
properly replace all dumpsters and containers and leave the
premises so serviced in a litter -free and sanitary condition.
C. IWS shall be required to have valid vehicle
permits for each collection vehicle. Each vehicle shall display
said permit in a prominent and easily visible location. All
vehicles shall be properly inspected by the appropriate
governmental agencies and by the CITY. The public works
department of the CITY shall inspect all vehicles for safety,
cleanliness and proper licensing, etc., as may be necessary.
Each vehicle operated within the CITY by IWS shall be
conspicuously marked on both sides of the vehicle in stenciled
letters in an area of not less than thirty inches (30") by
fourteen inches (14") with the following information:
CITY OF OPA LOCKA, License Number:
Industrial Waste Services
D. If the CITY determines that IWS has failed to
ply 'ith any of the rrovis__»s of Lhis paragraph it 3ha1l
notify IWS, in writing, by certified mail, and demand that IWS
cause the violation to be remedied within five (5) days. If the
violation is not remedied within the prescribed time, the City
Manager shall proceed to revoke the license of IWS in accordance
with the CITY Ordinances.
2. TERM OF AGREEMENT - The original term of this
Agreement shall be for a period of two (2) years commencing upon
the date of execution of this Agreement, unless earlier
terminated as a result of the failure of IWS to comply with the
provisions of this Agreement and the CITE' Ordinances. IWS shall
have
an option to renew this Agreement on the same terms and
conditions
as may be amended herein for a period of two (2)
additional years, by exercising such option by providing written
notice to the CITY not less than one hundred and twenty (120)
days prior to termination of this Agreement.
3. ASSIGNMENT AND SUB -CONTRACTING - IWS shall not assign
its license or rights under this Agreement or sub -contract any
portion thereof without the specific written consent of the CITY.
4. RATES AND CHARGES FOR SERVICE -
A. The CITY shall determine the monthly rate
schedule for service of all
shall be binding upon IWS.
accounts in the CITY and
A resolution setting
amounts of the monthly service charges shall be kept
said rates
forth the
on file by
the CITY in the City Clerk's office. The aforesaid rate schedule
shall be subject to change within the discretion of the CITY.
Any change in the rate schedule shall be effective no earlier
than sixety (60) days following appropriate legislative action
taken by the City Commission. In the event of any decrease in
the rate schedule, IWS shall have the right to terminate this
Agreement but must notify the City in writing of its intention to
terminate forty-five (45) days prior -to the effective date of any
decrease. Any termination by IWS shall be effective no earlier
than forty-five (45) days following its notice to the CITY.
B. The parties recognize and understand that there
may be a need to adjust the rates for service charges during the
term of this Agreement. It is therefore agreed that IS .nay
petition the City -Commission for a change in the scheduled rates
and the City Commission, in it's discretion, may thereafter amend
the schedule of rates. Ex:ept fog the year of 1988 any proposed
rate changes shall be provided to the CITY by IWS no later than
the first day of June, to be effective with the CITY's fiscal
year beginning on the first day of October of that same year.
During the year of 1988, IWS may propose rate changes to the CITY
on or before August 15, 1988. Any petition filed by IWS for an
adjustment of rates shall include proper proof and substantiation
as to the need and basis upon which the rate adjustment is being
proposed.
C. The CITY shall permit an adjustment to rates in
the form of a pass-thru of any increase or decrease in "tipping
fees" charged by Dade County for disposal of the waste collected
in the CITY, in relation to the amount that a change in the "
tipping fees" affects the total rate structure of monthly service
charges. IWS shall submit written notice to the CITY thirty (30)
days prior to any request that rates be adjusted as a result of
increased "tipping fees". IWS shall include in said notice
sufficient documentation, accountings and calculations necessary
for the CITY to determine the amount of the adjusted increase or
decrease in rates occasioned by the "tipping fees" paid by IWS.
No increase or decrease to fees shall be billed until the CITY,
through the City Commission, has approved the same in writing.
The City Commission shall provide approval within thirty (30)
days of the City's receipt of notice from IWS. The City
Commission's approval shall be retroactive to the date that IWS
must pay the increased "tipping fees".
5. COMPENSATION TO CITY AND METHOD OF PAYMENT -
A. IWS shall pay a franchise fee to the CITY an
amount of money equal to and computed as five percent (5%) of the
gross revenue received by IWS from customers paying the 'monthly
service charges authorized by the CITY. Said sum shall be paid
on a monthly basis with the first payment being due on August
10th, 1988 for the gross revenue received during the prior month
_ ly, :r,d conti suing ..i,J1 ic.yr„_nts b2i_,g .ode can Lhe _enth :ay
of each succeeding month based upon the prior months revenues.
B. IWS understands that the CITY may, by ordinance,
increase the percentage of gross revenue to be paid as
compensation to the CITY and in that event, the modified
percentage shall be effective no earlier than sixty (60) days
following passage of the ordinance. In the event of any increase
in the franchise fee, IWS shall have the right to terminate this
Agreement but must notify the City in writing of its intention to
terminate forty-five (45) days prior to the effective date of any
increase. Any termination by IWS shall be effective no earlier
than forty-five (45) days following its notice to the CITY.
6. REPORTS ON ACCOUNTS -
A. IWS shall, on a monthly basis, simultaneous with
it's payment to the CITY on the tenth day of each month, file
with the City Manager a report, unuer oath, providing the
following information:
(1) The names and addresses of the accounts
serviced by IWS in the CITY for the preceding
month.
(2) Whether any of the listed accounts are newly
acquired.
(3) Whether service on any account has been
terminated for non-payment or any other reason.
(4) The monthly service charge billed by IWS for
each account.
(5) The gross monthly service fee received from
each account.
(6) Whether any of the listed accounts is
delinquent for sixty (60) days or more.
(7) A statement of revenue to date indicating
the calculation of the franchise fee set forth
in paragraph 4 above. All reports provided by
IWS shall be aub.;ect to audit by the CITY at the
CITY's expense upon seven (7) days notice from
the City Manger.
7. EXEMPTION FROM WASTE COLLECTION -
A. .Irsuant to the City Ordinances, a customer who
has no waste collection requirement may request exemption from
waste collection fees by filing appropriate forms with the CITY.
Said forms shall be forwarded by the CITY to IWS who shall have
ten (10) days from receipt thereof to investigate the request to
determine whether waste is generated by the customer and then
either approve or deny the exemption. Within said ten (10) day
period, a written decision indicating the reasons for said
decision shall be delivered by IWS to the City Manager of the
t`.1TY. The City Manager shall thereafter approve or deny the
exemption or, may at any time repeal an exemption previously
given in the event such repeal becomes appropriate. If an
exemption is denied or repealed, the customer may appeal the
decision of the City Manager to the City Commission in accordance
with the procedures set forth in Section 2-66 of the Code of
Ordinances of the CITY.
8. CUSTOMER COMPLAINTS -
A. In the event the CITY receives any customer
complaint relating to the services rendered by IWS, said
complaint shall be forwarded to IWS who shall have ten (10) days
from receipt thereof to resolve the matter with the customer. If
the matter is not resolved, IWS shall within five (5) days
thereafter, deliver to the City Manager of the CITY, a report of
the status of the complaint, its efforts made to resolve the
complaint and why it was not resolved.
9. INSURANCE REQUIRED - IWS shall obtain the following
types of insurance in the amount as hereinafter set forth and
shall furnish copies of the original insurance policies to the
CITY with a certificate of insurance for all policies written in
IS•JS's name. The certificates of insurance shall provide that the
policies contain an endorsement requiring that the CITY shall be
furnished, within ten (10) days, written notice by registered
ail prior to cancellation or material change in any policy.
_-1„_-:tion of insura.ce cc.=_= :ball automatically terminate
the right of IWS to operate within the CITY. The insurance
required to be maintained by IWS is as follows:
A. Workers Compensation: The licensee shall carry,
with a company authorized under the la'.:s_of the State of Florida,
a policy to protect against liability under the Workman's
Compensation and Occupational Diseases of the State of Florida.
B. Automobile Liability Insurance: INS shall
carry, in it's own name, a comprehensive policy to insure the
entire automobile liability of its operations with limits ,gut
less than One HundredfThousand Dollars ($100,000.00) each person
and Three Hundred Thousand Dollars ($300,000.00) each accident,
t lily injury liability, and Fifty Thousand Dollars ($50,000.00)
each accident for property damage liability per vehicle. In
addition to the above insurance there must be excess coverage to
at least One Million Dollars ($1,000,000.00).
C. General Liability: IWS shall carry, in its own
name, a comprehensive liability policy for it's operations other
than automobile with limits of at least One Hundred Thousand
Dollars ($ 100,000.00) for each person and Three Hundred Thousand
($ 300,000.00) for each accident bodily injury liability, and
Fifty Thousand Dollars ($50,000.00) each accident for property
damage liability.
D. Liability of the CITY: The above insurance
requirements shall not be construed as imposing upon the CITY, or
any official or employee, any liability or responsibility for
damages to any person injured or any property damaged by IWS and
IWS shall indemnify and hold the CITY harmless from and against
any liability, cost, suit money, damages and attorney's fees
relating thereto.
10. COMPLIANCE WITH CITY ORDINANCES - Notwithstanding any
provision contained herein, IWS shall fully comply with all of
the requirements and provisions of the ordinances of the City of
Opa Locka, and the Rules and Regulations of the CITY applicable
to the collection of waste and all other applicable laws.
11. BACK-UP EMERGENCY EQUIPMENT - IWS shall provide to the
CITY at the daily charge per dii,er and truck of $ 295.00 plus
tipping fees, sufficient equip ?nt and trucks in the event the
CITY requires back-up equip,^,, nt due to an emergency, as
determined by the City Manager of the CITY, during which the CITY
is unable to perform it's garbage, trash and waste collection
functions.
12. STREET SWEEPING - I1;S shall provide for the following
streets to be swept at a charge of $ 150.00 whenever requested by
the CITY as follows:
A. Sharazad Boulevard
B. Opa Locka Boulevard
C. Ali Baba Avenue
D. Perviz Avenue
13. CLE d -UP CAMPAIGN - IWS shall provide a sufficient
number of roll -off containers as requested by the CITY for the
purpose of assisting the CITY or designated community
organizations in their efforts to provide a community clean-up
program. The containers will be provided and picked up as
necessary without rental or hauling charges. The CITY shall
remain responsible for providing labor to load the containers and
pay for all tipping fees charged by Dade County to dispose of the
garbage waste and trash.
14. ASSISTANCE WITH CITY ROUTES - IWS shall assist the
CITY in reviewing and revamping its current routes for the
collection of residential waste to enable the CITY to provide a
more efficient service to the public.
15. ASSISTANCE WITH RECYCLING PROGRAM - IWS shall' assist
the CITY in developing a recycling program for the CITY in
compliance with the requirements of the Solid Waste Management
Bill passed by the Florida Legislature during 1988, said program
to be completed by July 1, 1989.
16. ENTIRE AGREEMENT - This Agreement contains the entire
understanding between the parties hereto relative to the subject
matter hereof and shall not be modified, changed or altered in
any respect except in writing signed by both parties.
17. GOVERNING LAW AND SEVERABILITY - This Agreement shall
'2 -_rned by the la -.s of the state of Florida and any action at
law or in equity brought by either party against the other shall
be brought in the Circuit Court of Dade County, Florida. The
provisions of this Agreement shall be deemed to be serverable and
the invalidity or unenforcability of any provision shall not
effect the validity and enforceability of other provisions
hereof.
18. SPECIAL CONDI T I ,NS - Tne obligations ations of the CITY and
IWS with respect to performance pursuant to this Agreement shall
be subject to approval by the City Commission of the City of Opa
Locka, Florida by Resolution within thirty (30) days following
the execution of this Agreement.
IN WITNESS WHEREOF the parties have caused the signatures
hereto of their legally authorized representatives to be affixed
hereto on the day and year indicated on the first page of this
Agreement.
i1ITIIESS:
u7ITIIESS:
By:
City Clerk
APPR
By:
C y Attorney
TO
STATE OF FLORIDA )
SS
COUNTY OF DADE )
INDUSTRIAL WASTE SERVICES, INC.
CITY OF OPA - LOCKA
j
0-2
Eefore me personally appeared
y Manager
S PAcLACG A to me well
.no n and known to me to be the person described in and who
executed the foregoing instrument, and acknowledged to and before
'-at he has the authority to ei._cute this instrument on behalf
of In ustrial taste Service, Inc and that he executed said
instrurent for the purposes therein expressed.
„ITIIESS my hand and official seal, this / day of
A.D. 1988.
rtc
Ngt,RY/UBLIC
State of Florida
STATE OF FLORIDA )
SS
COUNTY OF DADE )
Before me personally appeared the City Manager of the City
of Opa Locka, Florida who to me well known and known to me to be
the person described in and who executed the foregoing
instrument, and acknowledged to and before me that he has the
authority to execute this instrument on behalf of The City of Opa
Locka, Florida, Inc and that he executed said instrument for the
purposes therein expresses.
WI N SS my hand and official seal, this
(/ A.D. 1988.
7
NOTARY PUBLIC
State of Florida
day of
1 0
RESOLUTION N0. 5022
RESOLUTION AUTHORIZING AND DIRECTING THE
PROPER OFFICIALS OF THE CITY TO EXECUTE AN
AGREEMENT WITH INDUSTRIAL WASTE SERVICES,
INC FOR COMMERCIAL WASTE COLLECTION.
WHEREAS, the City of Opa Locka has determined that it is
in it s best interest to issue a license to Industrial Waste
Services, Inc. to engage in waste collection for commercial
establishments within the City of Opa Locka and to service those
establishments in collecting garbage, waste and trash; and,
WHEREAS, The City Commission of the City of Opa Locka has
previously determined that Industrial Waste Services, Inc. is
qualified to serve in the aforesaid capacity and that it has met
the specifications set forth in the Ordinances of the City; and
WHEREAS, the City of Opa Locka and Industrial Waste
Services, Inc. desire to enter into aN agreement setting forth
their rights and responsibilities with regard to the collection
of garbage, waste and trash within the City.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, HEREBY RESOLVES:
Section 1. That the proper officials of the City of Opa
Locka, Florida are hereby authorized and directed to execute the
attached Agreement with Industrial Waste Services, Inc. for the
collection of garbage, waste and trash from commercial
establishments within the City of Opa Locka.
PASSED AND ADOPTED this ,� % day of July, 1988.
ATTES APPROVED AS
CITY CLERK CIS AT ORNEY
YOR
COUNCIL VOTE: 5 - 0
Commissioner Susaneck
Commissioner Hooten
Commissioner Lipkins
Vice Mayor Kelly
Mayor Ingram
Yes
Yes
YPs
Yes
J
CITY OF OPA-LOCKA
'ANCHISE RATE SCHEDULE EFFECTIVE: November 1, 1986 - REAR LOAD ONLY --
LUI\IM11\CR JILL
_-,- ns/Wk.
, 1 Yd.
T
2 Yd.
7
4 Yd. 6 Yd.
8 Y•1.
1 X
54.
69.
109. 121.
No Rear
Load
2 x
78.
109.
173.
196.
3 X
104.
146.
235. •
270.
4 X
127.
173.
295.
342.
5 X
151.
196.
357.
414.
6 X
176.
220.
420.
486.
- 7 X -
225.
294.
490.
587.
SPEC:AL SERVICES: A. 2 -
30 Gallon cans X 2 = $24.00
Pick-up = $4.00 per -yard
per month
- - -
- B. Bulk
- - -
FIRST AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF OPA-LOCKA
AND
INDUSTRIAL WASTE SERVICES, INC.,
FOR COMMERCIAL WASTE COLLECTION
THIS FIRST AMENDMENT (to Agreement) made and entered into
this
City
//
day of
of Opa-locka, a Florida
e
, 1989, by and between the
municipal corporation (hereinafter
referred to as "CITY"), and Industrial Waste Services, Inc., a
Florida corporation (hereinafter referred to as "IWS").,
WITNESSETH:
t'
WHEREAS, pursuant to Resolution No. 5022 dated July 27,
1988, the City of Opa-locka entered into an Agreement on July
27, 1988, (hereinafter referred to as "The Agreement") with
Industrial Waste Services, Inc., for commercial waste collection
in the City of Opa-locka;- and
WHEREAS, it is in the City's best interest to eliminate all
exemptions from waste collection fees as provided for in Section
7 of the Agreement; and
WHEREAS, the parties wish to amend the Agreement to reflect
the discontinuance of waivers for commercial accounts in the
City of Opa-locka; and
WHEREAS, the City Manager has recommended this First
Amendment and the City Attorney has approved it as to form.
NOW, THEREFORE, the CITY and IWS, in consideration of the
mutual covenants and agreements herein contained and other good
and valuable consideration the receipt and sufficiency of which
is hereby acknowledged, agree as follows:
1) Page 5, paragraph 7 of the Agreement which reads as
follows:
7) EXEMPTION FROM WASTE COLLECTION -
A) Pursuant tr the City Ordinances, a cus omer
who has no waste collection requirement may request
exemption from waste collection fees by filing
appropriate forms with the CITY. Said forms shall be
forwarded by the CITY to IWS who shall have ten (10)
days from receipt thereof to investigate the request
to determine whether waste is generated by the
customer and then either approve or deny the
exemption. Within said ten (10) day period, a written
decision indicating the reasons for said decision
shall be delivered by IWS to the City Manager(of the
CITY. The City manager shall thereafter approve or
deny the exemption or, may at any time repeal an
exemption previously given in the event such reF'eal
becomes appropriate. If an exemptions is denied or
repealed, the customer may appeal the decision of the
City Manager to the City Commission in accordance with
the procedures set forth in Section 2-66 of the Code
of Ordinances of the CITY.
is hereby deleted and striken.
2) Pages 5 through 8, paragraphs 8, 9, 10, 11, 12, 13, 14,
15, 16, 17 and 18, which follow the deleted paragraph shall be
renumbered accordingly to read as follows:
7) CUSTOMER COMPLAINTS -
A) In the event the CITY receives any customer
complaint relating to the services rendered by
IWS, said complaint shall be forwarded to IWS who
shall have ten (10) days from receipt thereof'to
resolve the matter with the customer. If the
matter is not resolved, IWS shall within five (5)
days thereafter, deliver to the City Manager of
the CITY, a report of the status of the complaint,
its efforts made to resolve the complaint and why
it was not resolved.
8) INSURANCE REQUIRED -
IWS shall obtain the following types of insurance
in the amount as hereinafter set forth and shall
furnish copies of the original insurance policies
to the CITY with a certificate of insurance for
all policies written in IWS's name. The certificates
- 2 -
of insurance shall provide that the policies contain
an endorsement requiring that the CITY shall be
furnished, within ten (10) days, written notice by
registered mail prior to cancellation or material
change in any policy. Termination of insurance
coverage shall automatically terminate the right of
IWS to operate within the CITY. The insurance
required to be maintained by IWS is as follows:
A) WORKERS COMPENSATION: The licensee shall carry,
with a company authorized under the laws of the State
of Florida, a policy to protect against liabilitY
under the Workman's Compensation and Occupational
Diseases of the State of Florida.
B) AUTOMOBILE LIABILITY INSURANCE: IWS shall carry,
in its own name, a comprehensive policy to insure the
entire automobile liability of its operations with
limits not less than one hundred thousand dollars
($100,000) each person and three hundred thousand
dollars ($300,000) each accident, bodily injury
liability, and fifty thousand dollars ($50,000) each
accident for property damage liability per vehicle.
In addition to the above insurance there must be
excess coverage to at least one million dollars
($1,000,000).
C) GENERAL LIABILITY: IWS shall carry, in its own
name, a comprehensive liability policy for its
operations other than automobile with limits of a
least one hundred thousand dollars ($100,000) for each
person and three hundred thousand dollars ($300,000)
for each accident bodily injury liability, and fifty
thousand dollars ($50,000) each accident for pr-Terty
damage liability.
D) LIABILITY OF THE CITY: The above insurance
requirements shall not be construed as imposing upon
the CITY, or any official or employee, any liability
or responsibility for damages to any person injured or
any property damaged by IWS and IWS shall indemnify
- 3 -
and hold the CITY harmless from and against any
liability, cost, suit money, damages and attorney's
fees relating thereto.
9) COMPLIANCE WITH CI`iY ORDIN2 CES -
A) Notwithstanding any provision contained
herein, IWS shall fully comply with all of the
requirements and provisions of the Ordinances of the
City of Opa-locka, and the Rules and Regulations of
the CITY applicable to the collection of waste and all
other applicable laws.
10) BACK-UP EMERGENCY EQUIPMENT -
A) IWS shall provide to the CITY at the daily
charge per driver and truck of two hundred ninety
five dollars ($295) plus tipping fees, sufficient
equipment and trucks in the event the CITY requires
back-up equipment due to an emergency, as determined
by the City Manager of the CITY, during which the CITY
is unable to perform its garbage, trash and waste
collection functions.
11) STREET SWEEPING -
A) IWS shall provide for the following streets to
be swept at a charge of one hundred fifty dollars
($150) whenever requested by the CITY as follows:
A)
B)
C)
D)
Sharazad Boulevard
Opa-locka Boulevard
Ali -Baba Avenue
Perviz Avenue
12) CLEAN-UP CAMPAIGN -
A) IWS shall provide a sufficient number of
roll -off containers as requested by the•CITY for the
purpose of assisting the CITY or designated community
organizations in their efforts to provide a community
clean-up program. The containers will be provided and
picked up as necessary without rental or hauling
charges. The CITY shall remain responsible for
providing labor to load the containers and pay for all
tipping fees charged by Dade County to dispose of the
- 4 -
garbage waste and trash.
13) ASSISTANCE WITH CITY ROUTES -
A) IWS shall assist the CITY in reviewing and
revamping its current routes for the collection of
residential waste td enable the CITY to provide a more
efficient service to the public.
14) ASSISTANCE WITH RECYCLING PROGRAM -
A) IWS shall assist the CITY in developing a
recycling program for the CITY in compliance with the
requirements of the Solid Waste Management Bill passed
by the Florida Legislature during 1988, said program
to be completed by July 1, 1989.
15) ENTIRE AGREEMENT -
A) This Agreement contains the entire
understanding between the parties hereto relative
to the subject matter hereof and shall not be
modified, changed or altered in any respect except in
writing signed by both parties.
16) GOVERNING LAW AND SEVERABILITY -
A) This Agreement shall be governed by the laws of
the State of Florida and any action at law or in
equity brought by either party against the other
shall be brought in the Circuit Court of Dade County,
Florida. The provisions of this Agreement shall be
deemed to be severable and the invalidity or
unenforceability of any provision shall not effect
validity and enforceability of other provisions
hereof.
17) SPECIAL CONDITIONS -
A) The obligations of the CITY and IWS with
respect to performance pursuant to this Agreement
shall be subject to approval by the City Commission of
the City of Opa-locka, Florida by Resolution within
thirty (30) days following the execution of this
Agreement.
3) This First Amendment shall supersede the Agreement, and
in the event of any inconsistency between the terms and
conditions of the Agreement and the terms and conditions of this
First Amendment, this First Amendment shall prevail. All other
terms and conditions of the Agreement are hereby ratified and
confirmed.
IN WITNESS WHEREOF, the parties hereto have hereunto caused
these presents to be signed in their names by their duly
authorized officers and principals, attested by their respective
witnesses and the City Clerk on the day and year first
hereinabove written.
CITY OF OPA-LOCKA
CITY CLERK
WITNESSES:
INDUSTRIAL WASTE SERVICES, INC.
BY: )...,.. ..i, a �"`Q,�---
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
- 6 -
A CESOLUTION OF THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA,
AUTHORIZING THE EXECUTION OF A FIRST
AMENDMENT TO THE AGREEMENT BETWEEN
THE CITY OF OPA-LOCKA, FLORIDA, AND
INDUSTRIAL WASTE SERVICES, INC., TO'
REFLECT THE DISCONTINUANCE OF WAIVERS
FOR COMMERCIAL ACCOUNTS IN THE CITY OF
OPA-LOCKA, FLORIDA.
WHEREAS, pursuant to Resolution No. 5022 dated July 27,
1988, the City of Opa-locka entered into an Agreement on July
27, 1988, with Industrial Waste Services, Inc., for commercial
waste collection in the City of Opa-locka; and
WHEREAS, it is in the City's best interest to eliminate all
exemptions from waste collection fees as provided in Section 7
r —
of th0 Agreement; and
WHEREAS, the parties wish to amend the Agreement to reflect
the discontinuance of waivers for commercial accounts in the
City of Opa-locka; and
WHEREAS, the City Manager has recommended this First
Amendment and the City Attorney has approved it as to form.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
SECTION 1: that the City Manager is hereby authorized and
directed to execute said First Amendment in the name of and on
behalf of the City of Opa-locka, Florida.
PASSED and ADOPTED this c?". day of , 1989.
Commission Vote:
4-0
Commissioner Allen: YES
Commissioner Barrett: YES
Commissioner Kelley: YES
Vice Mayor Miller: YES ic'Ci�.
Mayor Ingram: 4----04J4--g{4-qiiii-L--A21171:Sleptitycitioctirk of tho City of oe-
fhrlda, to hereb • certi tbfs to be a rue end correct Goo of x�a4
_ _ • ff�.so7�%c9 r�o..6 S.1if --
wetw1w In the &Wei reoorda of the C.):v of (%pa.( 19.0--i
SSI IfeeW my hood end opal, thY.. (fey of Z���CZr"
Approved as to form
and legal sufficiency:
PESOLUTION NO. 92-5375
RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING AND DIRECTING THE
PROPER OFFICIALS OF THE CITY TO EXECUTE AN AGREEMENT
WITH INDUSTRIAL WASTE SERVICES, INC., FOR THE EXTENSION
OF COMMERCIAL WASTE COLLECTION SERVICES.
Whereas, the City of Opa-locka has determined that it is in its
best interest to extend the license to Industrial Waste Services,
Inc. to engage in waste collection for commercial establishments
within the City of Opa-locka and to service those establishments in
collecting garbage, waste and trash for a period of two years; and
Whereas, the City Commission of the City of Opa-locka has
previously determined that Industrial Waste Services, Inc. is
qualified to serve in the aforesaid capacity and that it has met
the specifications set forth in the Ordinances of the City; and
Whereas, the City of Opa-locka and Industrial Waste Services, Inc.
desire to extend the agreement that set forth their rights and
responsibilities with regard to the collection of garbage, waste
and trash within the City.
Now, therefore, the City Commission of the City of Opa-locka,
hereby resolves:
Section 1: That the proper officials of the City of Opa-locka,
Florida are hereby authorized and directed to extend the Agreement
with Industrial Waste Services, Inc. for the collection of garbage,
waste and trash from commercial establishments within the City of
Opa-locka for a period of two years.
PASSED and ADOPTED this 1
Attest:
MOVED BY:
SECONDED BY:
COMMISSION VOTE: 5-0
Commissioner Allen: Yes
Commissioner Miller: Yes
Commissioner Barrett: Yes
Vice Mayor Kelley: Yes
Mayor Ingram: Yes
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