Loading...
HomeMy WebLinkAboutR-1994-138A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN CITY OF DANIA, FLORIDA AND SOUTHERN SANITATION FOR THE FURNISHING OF BULK TRASH PICK UP AND CHIPPER SERVICE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CITY OF DANIA, FLORIDA; Section 1. That that certain Agreement Between the City of Dania and Southern Mayor - C m issioner ATTEST: 1//; City Clerk - Auditor APPROVED AS TO FORM & CORRECTNESS *r-J eBy: Frank C. Adler, City Attorney Resolution po. 138-94 RESOLUTTON NO. 138-e4 Sanitation for the furnishing of bulk trash pick up and chipper service, a copy of which is attached hereto and made a part hereof as Exhibit "A", be and the same is hereby approved and the appropriate city officials are hereby directed to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADoPTED on this 27th day of sept' , 1994. AGREEMENT , day of , 1994,by CITY OF DANIA, A Florida municipal corporation, (hereinafter referred to as "CITY'') and SOUTIIERN SANITATION, a Division of Waste Managsrnsll Inc. of Florida, a Florida Corporation, (hereinafter referred to as TTCONTRACTOR') WITNESSETH: WHEREAS, effective as of October 1, 1991, City of Dania entered into an agreement with Contractor for the furnishing of bulk trash pick up and chipper service for disposal of bulk yard trash to the specific users described herein; and WHEREAS, the City of Dania and the Contractor desire to amend and restate this Agreement as of the date first above written; NOW TIIEREFORE, for and in consideration of the mutual covenants, agreements and considerations contained herein, Ciry and Contractor hereby agree as follows: DETINITIONS For the purposed and intents of this agreement, the parties hereto agree that abbreviated, shortened or informal words, phrases or references, as used herein, shall have, unless the content obviously requires otherwise, the following meanings and definitions, to wit; "Bulk Trash": Bulk Trash, as used herein shall mean and refer to furniture, concrete I I :XHIBIT "A" THIS AGREEMENT made and entered into this and between I rubble, mixed roofing material, rock, gravel and other earthen materials, equipment, wire and cable and other acceptable material defined in the agreement between the City of Dania and Reuter Recycling of Florida, Inc. under the term "Acceptable Waste". "Bulk Yard Trash": Bulk Yard Trash as used herein, shall refer to all large cuttings of vegetative and wood matter which are a part of a normal yard maintenance. "Residence": Any detached single family structure designed or intended for occupancy by one person or by one family, and duplex, triplex, townhouse, or other residential structure containing four (4) or less living units. Residential structures containing over four (4) units are classified as a business and must use containerized service provided by a private sanitation company. However, residential structures containing four (4) units shall have the option of City contracred pick-up or contracting with a private company for disposal of their trash as described hereinabove. "White Goods": White goods shall mean discarded refrigeratoN, ranges, washers, water heaters and other similar domestic appliances generated by a residential unit. II. TERM The term of this agreement shall be for a period begirming as of the date frst above written and ending September 30, 1995. I i ., III PERFO CE BOND Contractor shall fumish to City its performance bond or letter of credit in the amount of $50,000, conditional upon faithful performance of this contract by contractor, executed by a surety company or commercial bank, as to the letter of credit, licensed to do business in the state of Florida, and acceptable to the City Commission of the City of Dania. rv. LIABILITY INSIIRANCE contractor shall provide and maintain during the life of this contract, public liability and property damage insurance and umbrella coverage in the following amounts Public Liabilify Property Damage Umbrella Liability $300,000 per person/ $300,000 per accident $100,000 per any one claim $l,000,000 City shall be named as insured on each and every policy insuring the vehicles used to serve City. Certification of such coverage to be provided prior to implementation of service. An up{odate certificate of insurance will be provided to the City by the Contractor at all times. v. WORKMEN 'S COMPENSATION Contractor shall comply with State Workmen's Compensation Laws and relieve city from all injury claims or accidents incurred by contraclor's employees in the performance of their duties within the City boundaries. Certification of coverage shall be provided to City by Contractor prior to implementation of service by Contractor. J I t I I VI PI]BLIC CONVENIEN CE AND SAFETY Contractor shall at all times during the life of this Agreement observe all city, county, state and federal laws, ordinances and regulations controlling or limiting those engaged in the proposed work; and contractor shall be required to expressly bind itself to indemnify and save city harmless from all suits or actions of every name and description brought against said city for or on account of any injuries or damages received or sustained by any party or parties from the acts, omissions or negligence of contractor, or its servants or agents, including subcontractors, in doing the work herein contemplated, or by in consequence of any negligence in guarding against same, or if any improper materials or equipment is used in its performance or on account of any actiOn or omission Of contractor, or on account of any claims or amounts recovered by infringement of patent, trade-mark or copyright. In order to afford further protection to City against any suit, action or claim against City arising from the acts, omission, negligence of Contractor, and when, in the opinion of the City commission, Contractor's insurance is inadequate to protect City from liability on such suit, action or claim, the City commission may withhold any monies due Contractor until such suit, action or claim has been properly adjudicated or settled and suitable eviderrce of such adjudication or settlement furnished to the City commission of the City of Dania. 4 I I CONTRACTOR'S NNEL Contractor shall assign a qualified person or persons to be in charge of its operation in the City and shall give the name or names of said person or persons to the City manager or his designee. Information regarding experience shall also be furnished. b. City has the right thoughout the term of this agreement to require that Contractor's collection employees wear clean uniforms or shirts bearing the Contractor's name. c. Each driver employed by contractor shall, at all time, carry a valid Florida driver's license to drive the type of vehicle he/she is driving' d. No person shall be denied employment by contractor for reasons of race, creed, sex or religion. vm. OPTION TO RENEW This agreement may be renewed by mutual consent of the parties for a period mutually agreed upon by the parties. The parties agree that no later than one hundred twenty (120) days prior to the expiration of this Agreement, that they will meet and endeavor to renegotiate same for renewal. If the parties have not reached an Agreement as to renewal within a period of ninety (90) days prior to the expiration of this Agreement, then it is agreed that the City, may, at its option, bid for the services provided for herein. VII a 5 I IX RESOLTRCE OVERY AND ENERGY COI.,IYERSATION The City of Dania has entered into a contract agreement with Reuter Recycling of Florida, Inc. ro cause to be delivered to the Reuter Recycling facility located at 20701 Pembroke Road, Pembroke Pines, Florida, all such waste acceptable by said Reuter Recycling of Florida, Inc. The contractor shall abide by all provisions outlined in the Reuter contract agreement, ordinance 17-90 and ordinance 30-90 as the same are applicable to the subject matter of this agreement. x. COMPENSATION TO CONTRACTOR The City shall pay the Contractor the sum of $4.87 per unit per month ($17,870.25 per month). Such montrly payments are due and payable on the first day of the month following that for which the services herein described are provided. At the time of the signing of subject contract, the number of units furnished to the Contractor, was 3,662. At the end of each contract year, the Contractor shall have the right to petition ttre City Manager for an irprease in its monttrly charge to the city for such increase if the number of units being serviced irrcreased by at least 25 during any year of the contract . Likewise , if the number of units being served shall decrease by at least 25 units during any year of the contract, the City shall have the right to adjust the monthly payments downward to reflect such decrease. Increases or decreases in units will be adjusted at the end of each fiscal year ending September 30. The number of increased or decreased units will be determined by a computer 6 print out from the City's Utilities Accounting Division at the end of each fiscal year. Any future ircreases or decreases in this contract based on a per unit rate, shall be adjusted in accordance with the terms and conditions contained in Section 2.3 of the Reuter Recycling Agreement with the CitY. That portion that was annexed into the City of Dania as of July, 1990, and January l, 1991, will be excluded from this agreement due to the fact that it will remain a part of Broward County's sanitation contract through the year 1999. xI. RESIDENTIAL I.INITS TO BE SERVED Contractor shall have the exclusive right and obligation to provide for the collection of all bulk trash and bulk yard trash as defined hereinabove for the full term of this contract to all residential structures up to and including four (4) units within the City boundaries, present and future, from all swale areas in the existing service area. Structures containing more than 4 units must arrange for special pick up or contract with a private company for a commercial container to hold said trash. However, residential structures containing four (4) units shall have the option of City contracted pick up or contracting with a private company for disposal of their trash as described hereinabove. This agreement will exclude the area arurexed into the city as of July, 1990 and January 1, 1991. This area is under contract through the county until 1999. '7 XII. BT]LK TRASH PICKUP Contractor shall collect once a month, furniture, concrete rubble, mixed roofing material, rock, gravel and other earthen materials, as well as equipment, wire and cable, white goods and orher Acceptable Material defined in the agreement between the City of Dania and Reuter Recycling of Florida, Inc. under "Acceptable Waste" (copy attached as exhibit "A") for all individually serviced residential structures to and including four (4) unib except for those (four) 4 unit structures who have chosen the option of a private company for their trash pick up. In case of a dispute between the Contractor and a customer as to what constitutes an acceptable pick up, the dispute will be reviewed and decided by the Public Works Director. xIIl. MATERIAL NOT INCLUDED IN COLLECTION Contractor will not be required to pick up any "Unacceptable Waste" as defined itr the agreement between the City of Dania and Reuter Recycling of Florida, Inc. under "Unacceptable Waste". This agrcement does not include waste generated as a rezult of oatural disaster or waste generated by a commercial enterprise, including lawn services, landscaping or residential construction or re-modeling. 8 I xry F BULK TRASH The Contractor will not be required to separate or collect items that are combined or co- mingled with waste which is not acceptable for collection. Items that are acceptable for collection that are placed apart from unacceptable items shall be collected. White Goods shall not be combined or co-mingled with any other material. xv. BULK YARD TRASH PICK I,'P FOR CHIPPER SERVICE The Contractor shall provide chipper service once a month for all residential units up to and including four (4) within the city boundaries, present and future. Structures containing more than four (4) units must arange for special pick up or contract with a private company for disposal of their bulk yard trash as described hereinabove. The Contractor shall remove for chipping, all large curings of vegetative and wood matter which are a part of normal yard maintenance. Bulk yard trash shall be limited to the type that can be readily handled by the chipper equipment of the Contractor. Equipment used by the Contractor must be designed to handle limbs and other wooden material up to six inches in diameter and all types of palm fronds. In the case of a dispute between the Contractor and a customer as to what constitutes an acceptable pick up, the dispute will be reviewed and decided by the Public Works Director. All chipped material covered by this Agreement shall be retained and disposed of by the Contractor. S 9 I I I xvI S PICKUP In the event a residential customer desircs a bulk trash pick up as defined in this Agreement at a time other than the regular scheduled pick up for their residence, or due to the fact that it is ourside the scope of this Agreement, the residential customer will contact the city public works departrnent, who will then contact the contractor to provide service. The Contractor will set the price for the service and has the right to collect the fee in advance of providing service. xvII. SPILLAGE AND LITTER Contractor shall not litter premises in the process of making collections. He shall report any unsanitary conditions of premises caused by the owner and/or tenant to the public works director or his/her representative. During hauling, all trash as defined herein above shall be contained, and/or enclosed, so that leaking, spillage or blowing is prevented. Contractor shall promptly clean uP anY sPillage. xvlII TIME OF TRASH PICKT]P Contractor shall schedule all collections of trash as defined hereinabove between the hours of 7:00 a.m. and 7:00 p.m. Collections on Sundays are prohibited except between the hours of 10:00 a.m. and 4:00 p.m. in accordance with city ordinance 30-90 and as the same may be amended from time to time ' l0 I AND SC Contractor shall periodically provide the office of the public works director with schedules of residential collection routes and keep such information current at all times. In the event of changes in routes or schedules that will alter the day of pickup, Contractor shall notify each customer affected by either (a) direct mail; @) door hangers which City expressly approves for such purposes; or (c) an advertisement prominently displayed in a newspaper of City-wide distribution at least once, not less than one week prior to the change. All such changes in routes or schedules will also be immediately communicated to the office of the public works director when determined bY Contractor. )o(. HOLIDAY PICKI.]P SCIIEDULE Any change in regularly scheduled pickup service because of a holiday shall frst be presented to ttle City manager for approval in time to give sufficient notice to customers of such change. contractor shall, at its expelse, advertise approved holiday schedule changes in newspaper of local circulation. Said advertisement shall clearly set forth what the holiday schedule is to be, and if there will be any change in the time trash as defined hereinabove is normally picked up. x[ 1l i I xxI BREACH city may, after a hearing before the city commission of the city of Dania, at which time the Contractor shall have an opportunity to present its case, by an affirmative vote of a majority of the members prqsent, declare this agreement to be terminated if the Ciry commission of the City of Dania determines that contractor has materially breached the provisions of the Agreement with Ciry. City shall then have the right to obtain another collector for trash collection service to fulfill the duties and obligations of Contractor. Should Contractor miss, in any calendar month, the collections defined hereinabove from 200 or more collection units, then this Agreement shall be determined to have been breached by Contractor. An affidavit of the City manager of the City of Dania setting forth which accounrs shall be sufficient to establish, prima facie, a breach of this Agreement by Contractor shall be filed with the City commission and the Contractor. Prior to the City manager filing such an affidavit with the City commission of the City of Dania and Contractor, he/she shall have previously inspected and verified the complaints of misses' AdditionaUy, Contractor shall have one week from the date of notice of filing of the affidavit to investigate the truth of the complaints ard file a counter-affidavit after which a hearing must be held before the City commission of the City of Dania' t2 xxII. ASSIGNMENT This Agreement shall not be assignable by Contractor without Contractor first obtaining written approval by City. xxm. ARBITRATION Any controvemy or claim arising out of or relating to this Agreement, or breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered by any court having jurisdiction thereof. 13 ATTEST: City Clerk - Auditor (City Seal) APPROVED AS TO FORM AND CORRECTNESS By: ,City Attorney (Corporate Seal) CITY OF DANIA, a Florida municipal corporation Mayor - Commissioner By: City Manager Executed by City, this - day of _, 1994. SOUTIIERT\ SANITATION a division of Waste Management Inc. of Florida, a Florida corporation President ATTEST: Secretary Executed by contractor this - day of , 1994. By 14 By: