Loading...
HomeMy Public PortalAbout1996 BFI Commercial FranchiseAP\ Waste SystemsTu 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 ------------- -- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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; Words in underscored type are additions. 1 of 9 PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1 ORDINANCE NO. 1016 1 2 3 4 5 6 7 8 9 0 1 2 3 .4 .5 .6 .7 .8 .9 8 ;0 ;1 ;2 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; Words in underscored type are additions. 2 of 9 4 NI vv , Q 2-- i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 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; Words in underscored type are additions. 3 of 9 1 2 3 4 5 6 7 8 9 ,0 .1 2 .3 .4 .5 .6 _7 L8 L9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 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; Words in underscored type are additions. 4 of 9 • PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1 ORDINANCE NO. inifi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 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. 5 of 9 1 2 3 4 5 6 7 8 9 LO 11 L2 L3 L4 L5 L6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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. 6 of 9 PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1 1 1 2 3 4 5 6 7 8 9 LO 11 L2 L3 L4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 1 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 existing law; Words in underscored type are additions. 7 of 9 PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1 ORDINANCE NO. 1016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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. CODING: Words in truck threug4 type are deletion from existing law; Words in .underscored type are additions. 3 8 of 9 PROPOSED ORDINANCE NO. 92-23 REVISION NO. 1 ORDINANCE NO. i ni R 1 2 3 5 6 7 8 9 LO 11 L2 L3 L4 L5 L6 17 L8 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 existing law; Words in underscored type are additions. 9 of 9 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 L L \a c � • MATHE SOF(9RlYf A c� rSCINS CIRC(E E ms a non l ° T.• y S THE '.'D E t e;' "51' ) BE£CHWOOD Di21VE qq¢p f f Wt,,t MC87i1RF 5TPtET ' WEST END DRIVE ooD RB�RCYrb W� i ^ 09- i (' ` i ( 1' t f 5 1• $ €I P,—,( ,, } ! - „ > ( 5 y° MCMTiRE STREET F ' .'-'"'",k "w GALEN DkR + ;., V r . # E, .s iii , }4.; .•m., {,,„<.- SUi�`IRIS DRIVE' '<• 24 . > EAST END DRIVE" � � Gam'`' ; u 0.:,,,,,,,:----,-,--..,:,-,----,,,,,,,,----, .4 W.- WOOD DRIVE 3 o r vim` y.• '<c;<1.P, t' • • E. HEATHER NINE. ' p �� WOOD DRNE > i W.MASHT • • • aMra+�+^/'s""'.r„•y. ,>' jug:,..._•...", ,. . x; „. N4k�iR 1'.>.c�,>w .. , v� F�< .".. � e . ea' 0kAPETREE DRIVE • '144 ••y \ '`4 -eie F '� v34(. -W166°— d . �� • \\ < < \ i f IORIDADRIVE �i^';' Svni` z 1 t a" ?. 4*„ ,` -'' 'pig, "®��„r +`....,..,s� fines Cana( ..� .... u1aa30 ° uM/ r ,r,,,e.e`.+.'„•�o-'?§-a.., --}w, ... ----4.^•. : ++'+-..e'n•»ry-�ro•M..xnr*,t no�'X,..._.,,.;..,.,,w. rte. ".,X24..•••••, ,h...^ -5 Cv i iF