HomeMy WebLinkAboutR-1989-050 1,
RESOLUTION NO. 50-89
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN SEACOAST
SANITATION LTD. , INC. , A FLORIDA CORPORATION,
AND THE CITY OF DANIA; AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS , the City Commission, City Manager and City Attorney
of the City of Dania , Florida , have reviewed the attached form of
Agreement and find it to be appropriate to the needs of the City
of Dania.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1 . That the City Commission of the City of Dania,
Florida, does hereby approve the Agreement between Seacoast
Sanitation Ltd . , a Florida corporation and the City of Dania, a
copy of which is attached hereto and made a part hereof as Exhibit
"All
p ll .
C Section 2 . That the Mayor-Commissioner, City Manager and
City Clerk-Auditor are hereby authorized and directed to forthwith
execute said Agreement on behalf of the City of Dania, Florida.
Section 3 . That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 25th day of April , 1989.
`MAYOR - OMMISSIO,
ATTEST:
/,X ' '
CITY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By:,.1 C. a469L'
FRANK C. ADLER, City Attorney
Resolution No. 50-89
J
L�
i AGREEMENT
THIS AGREEMENT made and entered into this J� �day of _UtnIJ—
1989, by and between
CITY OF DANIA, A Florida municipal
corporation, (hereinafter referred
to as "CITY" )
and
SEACOAST SANITATION LTD. , INC. , a
Florida corporation, (herinafter
referred to as "CONTRACTOR" )
W I T N E S S E T H:
WHEREAS, under the terms and conditions stated herein the City
of Dania desires to enter into the within Agreement with Contractor
for the furnishing of garbage and trash collection services to the r 1
specific users described herein; and
WHEREAS, the City Commission recognizes that there are certain
businesses within the City (such as , for example, food sale businesses
and restaurants) which require daily garbage and trash collection
services; and
WHEREAS, the City Commission also recognizes that there are
certain businesses within the City (such as , for example, condominium
apartment buildings, mobile home parks, or grocery supermarkets) which
create such a volume of garbage and trash that it is necessary that
such businesses use large, commercial type, metal bins or containers
designed to be self lifted by packer type trucks and then mechanically
tilted so that the contents of the container are dumped into the
storage section of the truck; and
1
EXHIBIT "A"
J
WHEREAS , i � is not the intent of this Agreement that one
Contractor furnish garbage or trash collection services in any of the
said situations or examples where the person, firm or entity creating,
or generating, garbage or trash, has such a volume of garbage and
trash that it is necessary that said commercial , self lifting
containers be used or that the person, firm or entity creating or
generating, garbage and trash has the type of business which requires
daily garbage and trash collection services; and
WHEREAS, in all of such situations or examples, Contractor herein
shall not furnish garbage or trash collection services to the persons ,
firms or entities which require more frequent pickup services than is
contemplated by the several provisions of this Agreement , nor shall
Contractor herein furnish garbage or trash collection services to
persons, firms or entities which store their collections of garbage
and trash in commercial, self lifting containers; and
WHEREAS, the parties wish to reduce their various understandings ,
covenants and agreements to writing;
NOW, THEREFORE, for and in consideration of the mutual covenants ,
agreements and considerations contained herein, City and Contractor
hereby agree as follows :
I .
DEFINITIONS
For the purposes 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;
2 EXHIBIT "A"
"Garbage" : Garbage, as used herein, shall mean and refer
i
primarily to food wastes consisting principally of animal and
vegetable matter, subject to decay, and sacks, cans , bottles or tins
used for the purpose of storing or containing foods, meats and
vegetables;
"Trash" : Trash, as used herein, shall mean and refer to cartons ,
newspapers , magazines, grass cuttings , tree branches and shrubbery
trimmings . However, the definition shall not include tree trunks and
shall not include tree limbs which are more than three feet in length.
Further, the definition of "trash" shall not include refrigerators,
stoves , hot water heaters , furniture, building materials, products
that are not organic in nature and articles that are not the natural
products of a yard, tree or shrubbery;
"Residence" : Any detached single family structure designed or
intended for occupancy by one person or by one family, any duplex,
triplex, townhouse, or other residential structure containing three
(3) or less living units;
"Small Business" : Any retail , professional or wholesale facility
or other commercial enterprise offering goods or services to the
public where garbage and trash are deposited in containers not
exceeding a 32 gallon capacity or weighing, individually, more than 40
pounds;
"Solid Wastes" : Garbage and trash resulting from the normal
activities of households .
3
EXHIBIT "A"
rI
TERM
The term of this Agreement shall be for a period beginning June
1, 1989 and ending September 30, 1991 or upon the opening of the
Reuter Resource Recovery Plant , whichever is lessor.
III
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 contract , then it is agreed that the City may,
at its option, bid for the services provided for herein.
IV
COMPENSATION NSATION TO CONTRACTOR
The City shall pay Contractor the sum of $9 . 75 per unit per
... month. Such monthly payments are due and payable on the first day of
the month following that for which the services herein described as
provided.
Revision of the residential unit payment will be calculated by
multiplying the collection portion of the current payment ($5.65 per
unit per month) by the percentage change in the Consumer Price Index
(CPI ) of urban consumers, Miami , all items as issued by the United
States Department of Labor, Bureau of Labor Statistics, on June 1 ,
1990 for the most recent twelve ( 12) months available . This cost of
living increase will be capped at five (58 ) percent. Anything more
than the five ( 58) percent will be negotiable.
EXHIBIT "A"
4
At the time of the signing of subject contract , the number of
units furnished to the Contractor, was 3718 . If, at the end of the
contract year the number of these units is increased by a minimum of
25 , the Contractor shall have the right to apply to the City Commission
for an increase in units . The amount of such increase shall be based on
the number of increased units . The amount of this increase to be
determined solely by the City Commission and their decision shall be
final . By the same token , if the number of these units should be
decreased by a minimum of 25 units, the City shall have the right to
decrease the monthly charge paid to the contractor based on the total
number of decreased units .
V.
RESIDENTIAL AND SMALL BUSINESS UNITS TO BE SERVED
(non-containerized , 32 gallon cans only)
Contractor shall have the exclusive right and obligation to
provide for the collection and disposal of solid waste, garbage and
trash, as defined herein, to all residences and small businesses
within the present City boundaries . Any future rights to any annexed
areas shall be negotiated between the contractor and the City.
VI .
NORMAL PICKUPS
Contractor shall collect all garbage and trash as herein defined
in an unlimited volume two times per week for all single family,
duplex, triplex, townhouse , or other residential structures containing
three ( 3 ) or less living units where garbage and trash are deposited
in containers not exceeding 32 gallon capacity or weighing, individually,
more than 40 pounds . Hazardous wastes, biohazardous wastes and other
similar wastes shall not be knowingly collected .
Small businesses shall be limited to four (4) thirty-two ( 32)
gallon containers twice weekly. EXHIBIT ' /�All
Cardboard boxes shall not be considered as containers .
5
J
VIl .
MATERIALS NOT INCLUDED IN COLLECTION
Except as set forth hereinafter under "Bulk Pickup" , Contractor
will not be required to collect large branches , trees , bulky, or
non-combustible materials not susceptible to normal loading and
collection in packer type equipment, building materials , sand and
similar materials .
VIII.
TIME OF GARBAGE AND TRASH PICKUP
Contractor shall not schedule pickup service to begin prior to
7 a .m. in a residential area or prior to 6 a .m. in a business area .
IX.
BULK PICKUP
Contractor shall provide a bulk pickup service two times per year..
The bulk pickups shall be conducted at no more than five siteswithin
the City to be designated by the City Manager. Bulk pickup items at
these sites are including, but not limited to, bulky household items ,
such as appliances , discarded furniture, etc. , which are no longer
�r than four feet in length and which do not weigh more than 50 pounds .
The Contractor shall provide roll-off type dumpsters at each site ,
and shall be responsible for all dumping fees one (1 ) time at each
site. Additional requirements for dumping will be at the expense of
the City. Dates of bulk pickup to be designated by City with at
least thirty (30) days notice of the dates and sites given to Contractor.
6.
EXHIBIT "A"
X.
CONTAINERS FOR CITY USE
Containers shall be provided and serviced by Contractor at no
cost to City at the following locations :
Frost Park ( 1) (4yd)
Modello Park ( 1) (4 yd)
Dania Beach ( 2) (4 yd)
NW 10 Street Park (1 ) (4 yd)
Water Plant (1) (4 yd)
City Hall ( 1 ) (4 yd)
Fire Station (1 ) (4 yd)
Community Center ( 1) (4 yd)
Additional locations may be specified by the City Manager , but in no
event may the total amount of locations exceed twelve (12 ) •
XI .
ROUTES AND SCHEDULES
Contractor shall periodically provide the office of the Public
Works Administrator 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 ; (b) 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
Administrator when determined by Contractor .
EXHIBIT "A"
{
r
XII .
HOLIDAY PICKUP SCHEDULE
Any change in a regularly scheduled pickup service because of a
holiday shall first be presented to the City Manager for approval in
time to give sufficient notice to customers of such change.
Contractor shall , at its expense , advertise approved holiday schedule
changes in a 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 refuse is normally picked up.
XIII .
SPILLAGE AND LITTER
Contractor shall not litter premises in the process of making
collections and shall report any unsanitary conditions of premises
caused by the owner and/or tenant to the Public Works Administrator of
his/her assigned representative . During hauling, all solid wastes
shall be contained, and/or enclosed, so that leaking, spillage or
blowing is prevented . Contractor shall promptly clean up any
spillage.
XIV.
CONTRACTOR ' S PERSONNEL
a. 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 throughout the term of this contract
to require that Contractor ' s collection employees wear clean
uniforms or shirts bearing the company ' s name.
8
EXHIBIT "qly
C. Each driver employed by Contractor shall , at all
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 ,
XV.
LIABILITY INSURANCE
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 Liability -$300, 000 per person/
$300,000 per accident
Property Damage -$100, 000 per any one claim
Umbrella Liability -$1 , 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 .
XVI .
PUBLIC CONVENIENCE AND SAFETY
tw•. Contractor shall at all times during the life of this contract
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 or in consequence of any negligence in guarding
9 EXHIBIT "A"
er materials or equipment is t in its
against same, or if any improp
performance or by or on account of any action or omission of
Contractor , or on account of any claims or amounts recovered for
infringement of patent, trade-mark, or copyright . In order to afford
further protection to City against any quit , 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 evidence of such adjudication or settlement
furnished to the City Commission of the City of Dania .
XVII .
WORKMEN ' S COMPENSATION
Contractor shall comply with State Workmen ' s Compensation Laws
and relieve City from all injury claims or accidents incurred by
Contractor ' 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 .
10
EXHIBIT "All
j XVIII -
PERFORMANCE BOND letter
urnish to
City
Contractor shall f its performance bond or
conditional upon faithful
the amount of $50 ,000 ,
of credit in Contractor ,
executed by a surety
performance
of this contract by do business in the State of
company or commercial bank licensed to of Dania •
to the City
Commission of the City
Florida , and acceptable
obtained by the Contractor and
letter of credit shall be of
days following the execution
Said bond or
the City within ten (10)
presented to
this contract. XlX.
RESOURCE RECOVERY AND ENERGYCONVERSION
NVERIcorporation or
subsidiary
event that Contractor or any
. .� In the Florida , shall establish
enterprise thereof located in Broward County , or such other
and operate an energy resource an d development facility
established for the purpose of
reclamation of saleable
facility
into energy sources ,
garbage and trash
products or
conversion of g the disposal of trash,
the cost of
experience a savings relative to disposed of by
refuse authorized to be collected and
garbage and other rates to be charged
Contractor shall reduce the
Contractor hereunder , determined by c,
reduction of rates will be
accordingly - The amount of In the event that either
through negotiations with Contractor .
City
resource recoverage program,
or City establish a do so by City'
Broward County use same if directed to
will be required to disposal or
Contractor the
signing of subject contract , ton,
time of the the amount of $34 per
At the imposed is in
charge being in said
dumping fee and/or an increase
time during the term of this contract , right to
If at any have the
disposal or dumping fee or charge , Contractor shall
11
EXHIBIT "q//
apply to the _y Commission for an increase in its mor. y charge to
the City to compensate for such increase. The amount of said increase
i
shall be determined solely by the City Commission and their decision
shall be final.
The title to all residential solid waste collected pursuant to
this agreement shall immediately vest in the City of Dania .
XX.
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
present , declare this Agreement to be terminated if the City
Commission of the City of Dania determines that Contractor has
materially breached the provisions of the contract with City. City
shall then have the right to obtain another collector for garbage
collection services to fulfill the duties and obligations of
Contractor . Should Contractor miss, in any calendar week, the
collection of garbage and trash from 200 or more individual garbage
accounts, 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 accounts shall be sufficient to
establish, prima facie, a breach of this Agreement by Contractor.
Prior to the City Manager filing such an affidavit with the City
Commission of the City of Dania and Contractor, he shall have
previously inspected and verified the complaints of misses .
Additionally, Contractor shall have one week from the date of notice
of the filing of the affidavit to investigate the truth of the
complaints and file a counter-affidavit , after which a hearing must be
held before the City Commission of the City of Dania .
12
EXHIBIT "q''
XXI .
ASSIGNMENT
This contract shall not be assignable by Contractor without
Contractor first obtaining written approval by City .
XXII.
ARBITRATION
Any controversy or claim arising out of or relating to this
contract, 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 .
_ CITY OF DANIA, a Florida
municipal corporation
By :
ATTEST:
-mayor - Cotfimiss
y ' ner
f J H 4� ✓'
City Manager
City Clerk - Auditor Executed by City, this //// day
: .. of ir.-r`/� 1989.
(City Seal )
SEACOAST SANITATION LTD. , INC. ,
APPROVED AS TO FORM & CORRECTNESS a FI or i da cow
BY A President —
Frank C•. �Adler, City Attorney
ATTES-'Fr
Secretary
Exec /t d by Cortrpcto , this
(Corporate Seal ) � day oe 1989.
13 EXHIg17-
«A»
AGREEMENT
THIS AGREEMENT made and entered into this day of
1989 , by and between
CITY OF DANIA, A Florida municipal
corporation, (hereinafter referred
to as "CITY" )
and
SEACOAST SANITATION LTD. , INC . , a
Florida corporation, (herinafter
referred to as "CONTRACTOR" )
i
11 I T N E S S E T H:
WHEREAS , under the terms and conditions stated herein the City
of Dania desires to enter into the within Agreement with Contractor
for the furnishing of garbage and trash collection services to the
specific users described herein; and
WHEREAS , the City Commission recognizes that there are certain
businesses within the City ( such as , for example , food sale businesses
and restaurants ) which require daily garbage and trash collection
services; and
WHEREAS , the City Commission also recognizes that there are
certain businesses within the City (such as , for example, condominium
apartment buildings, mobile home parks, or grocery supermarkets ) which
create such a volume of garbage and trash that it is necessary that
such businesses use large , commercial type, metal bins or containers
designed to be self lifted by packer type trucks and then mechanically
tilted so that the contents of the container are dumped into the
storage section of the truck; and
I
of
• ,ram
WHEREAS, it is not the intent of this agreement that the
Contractor furnish garbage or trash collection services in any of the
said situations or examples where the person , firm or entity creating,
or generating, garbage or trash, has such a volume of garbage and
trash that it is necessary that said commercial , self lifting
containers be used or that the person, firm or entity creating or
generating , garbage and trash has the type of business which requires
daily garbage and trash collection services; and
WHEREAS, in all of such situations or examples , Contractor herein
shall not furnish garbage or trash collection services to the persons ,
firms or entities which require more frequent pickup services than is
contemplated by the several provisions of this Agreement, nor shall
Contractor herein furnish garbage or trash collection services to
persons , firms or entities which store their collections of garbage
and trash in commercial , self lifting containers; and
WHEREAS, the parties wish to reduce their various understandings ,
covenants and agreements to writing;
NOW, THEREFORE, for and in consideration of the mutual covenants,
agreements and considerations contained herein , Citv and Contractor
hereby agree as follows:
I .
DEFI�z%rS
For the purposes 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;
2
1
"Garbage" : Garbage, as used herein, shall mean and refer
primarily to food wastes consisting principally of animal and
vegetable matter, subject to decay, and sacks, cans , bottles or tins
used for the purpose of storing or containing foods , meats and
vegetables;
"Trash" : Trash, as used herein, shall mean and refer to cartons ,
newspapers , magazines, grass cuttings, tree branches and shrubbery
trimmings. However, the definition shall not include tree trunks and
shall not include tree limbs which are more than three feet in length .
Further, the definition of "trash" shall not include refrigerators ,
stoves , hot water heaters , furniture , building materials, products
that are not organic in nature and articles that are not the natural
products of a yard , tree or shrubbery;
"Residence" : Any detached single family structure designed or
intended for occupancy by one person or by one family, any duplex,
triplex, townhouse , or other residential structure containing three
( 3 ) or less living units;
"Small Business" : Any retail , professional or wholesale facility
or other commercial enterprise offering goods or services to the
public where garbage and trash are deposited in containers not
exceeding a 32 gallon capacity or weighing , individually, more than 40
pounds;
"Solid Wastes" : Garbage and trash resulting from the normal
activities of households .
3
I
J
II .
TERM
The term of this agreement shall be for a period of two ( 2 )
years or upon the opening of the Reuter Resource Recovery Plan ,
whichever is lesser , beginning June 1 , 1989 .
III .
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 agreement as to
renewal within a period of ninety ( 90) days prior to the expiration of
this Contract , then it is agreed that the City may , at its option , bid
for the services provided for herein .
IV .
COMPENSATION TO CONTRACTOR
The City shall pay Contractor the sum of $9. 75 per unit per
month. Such monthly payments are due and payable on the first
day of the month following that for which the services herein described
as provided .
Revision of the residential unit payment will be calculated by
multiplying the collection portion of the current payment ( $5. 65 per
unit per month) by the percentage change in the Consumer Price Index
(CPI ) of all urban consumers , Miami , all items as issued by the United
States Department of Labor, Bureau of Labor Statistics , on June 1 , 1990 ,
for the most recent twelve ( 12 ) months available.
At the time of the signing of subject contract, the number of
units furnished to the Contractor, was 3718 . If, at the end of the
contract year the number of these units is increased by a minimum of
25 , the Contractor shall have the right to apply to the City Commission
for an increase in units . The amount of such increase shall be based on
the number of increased units . The amount of this increase to be
determined solely by the City Commission and their decision shall be
final . By the same token , if the number of these units should be
decreased by a minimum of 25 units, the City shall have the right to
decrease the monthly charge paid to the contractor based on the total
number of decreased units .
V.
RESIDENTIAL AND SMALL BUSINESS UNITS TO BE SERVED
(non-containerized , 32 gallon cans only)
Contractor shall have the exclusive right and obligation to
provide for the c=llection and disposal of solid waste, garbage and
trash, as defined herein, to all residences and small businesses
within the present City boundaries . Any future rights to any annexed
areas shall be negotiated between the contractor and the City.
VI .
NORMAL PICKUPS
Contractor shall collect all garbage and trash as herein defined
in an unlimited volume two times per week for all single family,
duplex, triplex, townhouse, or other residential structures containing
three ( 3 ) or less living units where garbage and trash are deposited
in containers not exceeding 32 gallon capacity or weighing, individually,
more than 40 pounds . Hazardous wastes , biohazardous wastes and other
similar wastes shall not be knowingly collected .
Small businesses shall be limited to four ( 4 ) thirty-two ( 32 )
gallon containers twice weekly .
Cardboard boxes shall not be consirinrorl as containers .
r
VII .
MATERIALS NOT INCLUDED IN COLLECTION
Except as set forth hereinafter under "Bulk Pickup" , Contractor
will not be required to collect large branches , trees , bulky , or
non-combustible materials not susceptible to normal loading and
collection in packer type equipment , building materials , sand and
similar materials .
VIII .
TIME OF GARBAGE AND TRASH PICKUP
Contractor shall not schedule pickup service to begin prior to
7 a .m. in a residential area or prior to 6 a .m. in a business area .
IX.
BULK PICKUP
Contractor shall provide a bulk pickup service two times per year .
The bulk pickups shall be conducted at no more than five siteswithin
the City to be designated by the city Manager . Bulk pickup items at
these sites are including , but not limited to, bulky household items ,
such as appliances , discarded furniture , etc . , which are no longer
than four feet in length and which do not weigh more than 50 pounds .
The Contractor shall provide roll-off type dumpsters at each site ,
and shall be responsible for all dumping fees one ( 1) time at each
site. Additional requirements for dumping will be at the expense of
the City. Dates of bulk pickup to be designated by City with at
least thirty ( 30) days notice of the dates and sites given to Contractor .
6 .
J
X.
CONTAINERS FOR CITY USE
Containers shall be provided and serviced by Contractor at no
cost to City at the following locations :
Frost Park ( 1 ) (4yd )
Modello Park (1 ) (4 yd )
Dania Beach (2) (4 yd )
NW 10 Street Park (1 ) (4 yd )
Water Plant (1) (4 yd )
City Hall (1 ) (4 yd )
Fire Station (1 ) (4 yd )
Community Center (1 ) (4 yd )
Additional locations may be specified by the City Manager , but in no
event may the total amount of locations exceed twelve ( 12 ) .
XI .
ROUTES AND SCHEDULES
Contractor shall periodically provide the office of the Public
IVorks Administrator with schedules of residential collection routes
and keep such information current at all times . In the event cf
../�
changes in routes or schedules that will alter the day of pickup,
Contractor shall notify each customer affected by either (a) direct
mail ; (b) 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 Plorks
Administrator when determined by Contractor .
7
XII .
HOLIDAY PICKUP SCHEDULE
Any change in a regularly scheduled pickup service because of a
holiday shall first be presented to the City Manager for approval in
time to give sufficient notice to customers of such change .
Contractor shall , at its expense , advertise approved holiday schedule
changes in a 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 refuse is normally picked up .
XIII .
SPILLAGE AND LITTER
Contractor shall not litter premises in the process of making
collections and shall report any unsanitary conditions of premises
caused by the owner and/or tenant to the Public [Forks Administrator of
his/her assigned representative . During hauling, all solid wastes
shall be contained , and/or enclosed , so that leaking , spillage or
blowing is prevented . Contractor shall promptly clean up any
spillage.
y.
XIV.
CONTRACTOR' S PERSONNEL
a. 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 throughout the term of this contract
to require that Contractor ' s collection employees wear clean
uniforms or shirts bearing the company ' s name .
F3
C. Each driver employed by Contractor shall , at all times ,
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 .
XV .
LIABILITY INSURANCE
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 Liability -$300, 000 per person/
$300, 000 per accident
Property Damage -$100 , 000 per any one claim
Umbrella Liability -$1 , 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.
XVI .
PUBLIC CONVENIENCE AND SAFETY
y• Contractor shall at all times during the life of this contract
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 or in consequence of any negligence in guarding
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against same, or if any improper materials or equipment is used in its
performance or by or on account of any action or omission of
Contractor, or on account of any claims or amounts recovered for
infringement of patent, trade-mark, or copyright . In order to afford
further protection to City against any quit , action or claim against
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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 evidence of such adjudication or settlement
furnished to the City Commission of the City of Dania .
XVII .
` WORKMEN' S COMPENSATION
Contractor shall comply with State Workmen ' s Compensation Laws
and relieve City from all injury claims or accidents incurred by
Contractor ' s employees in the performance of their duties within the
City boundaries . Certification of coverage shall be provided to City
by Contractor ;rior to implementation of service by Contractor.
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XVIII .
PERFORMANCE BOND
Contractor shall furnish 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 licensed to do business in the State of
Florida , and acceptable to the City Commission of the City of Dania .
Said bond or letter of credit shall be obtained by the Contractor and
presented to the City within ten ( 10) days following the execution of
this contract .
XIX.
RESOURCE RECOVERY AND ENERGY CONVERSION
In the event that Contractor or any subsidiary corporation or
enterprise thereof located in Broward County, Florida , shall establish
and operate an energy resource and development facility or such other
facility established for the purpose of reclamation of saleable
products or conversion of garbage and trash into energy sources ,
experience a savings relative to the cost of the disposal of trash,
garbage and other refuse authorized to be collected and disposed of by
Contractor hereunder, Contractor shall reduce the rates to be charged
accordingly. The amount of reduction of rates will be determined by
City through negotiations with Contractor . In the event that either
Broward County or City establish a resource recoverage program,
Contractor will be required to use same if directed to do so by City.
At the time of the signing of subject contract , the disposal or
dumping fee and/or charge being imposed is in the amount of $34 per ton .
If at any time during the term of this contract , an increase in said
disposal or dumping fee or charge , Contractor shall have the right to
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apply to the City Commission for an increase in its montnly charge to
the City to compensate for such increase . The amount of said increase
shall be determined solely by the City Commission and their decision
shall be final .
The title to all residential solid waste collected pursuant to
this agreement shall immediately vest in the City of Dania .
xx.
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
present , declare this Agreement to be terminated if the City
Commission of the City of Dania determines that Contractor has
materially breached the provisions of the contract with City . City
shall then have the right to obtain another collector for garbage
collection services to fulfill the duties and obligations of
Contractor . Should Contractor miss , in any calendar iaeek, the
collection of garbage and trash from 200 or more individual garbage
pp accounts , 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 accounts shall be sufficient to
establish, prima facie , a breach of this Agreement by Contractor .
Prior to the City Manager filing such an affidavit with the City
Commission of the City of Dania and Contractor , he shall have
previously inspected and verified the Complaints of misses .
Additionally, Contractor shall have one week from the date of notice
of the filing of the affidavit to investigate the truth of the
complaints and file a counter-affidavit , after ;;hick a hearing must be
held before the City Commission of the CiLy of Dania .
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XXI.
ASSIGNMENT
This contract shall not be assignable by Contractor without
Contractor first obtaining written approval by City.
XXII .
ARBITON
Any controversy or claim arising out of or relating to this
contract, 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 .
CITY OF DANIA, a Florida
municipal corporation
By: 6'
ATTEST: mayor - L'omml ' er
By:
City Manager
City Clerk - auditor Executed by City, this
day
...� of _ 1989.
(City Seal )
P7F,SS SEACOAST SANITATION LTD. , INC. ,
APPROVED AS TO FORM b CORRECT
a Florida corporation
By:
By ' President
Frank C. Adler , City Attorney
ATTEST:
Secretary
Executed by Cnntractor , this
(Corporate Seal ) day of 1989
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