HomeMy WebLinkAboutR-1991-106 RESOLUTION NO- 10�6-_91
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING DTHAT ANIA CERTAINMENT HE
LTD
CITY OF
INC. , RELATING TO GARBAGE COLLECTION SERVICES;
AND PROVIDING FOR AN EFFECTIVE DATE-
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Sect_ i_ o�= That that certain Agreement between the City o
Dania and Seacoast Sanitation Ltd. , Inc. relating to garbage
ces, a copy of which is attached hereto as Exhibit
collection servi
riate city
y; approved, and the appro
p
�i "A" , be and the same is hereby pP
to execute same.
officials are hereby
directed
That this resolution
Sects?• shall be in force and take
effect immediately upon its passage and adoption-
day
24th September , 1991.
h; day of
- ' PASSED and ADOPTED this
MAYOR - COMMISSIONER
ATTEST:
CITY C - AULDITOR
" LERK
APPROVED AS TO FORM AND CORRECTNESS:
NK C• ADLER, City Attorney
106-91
Resolution No. �—
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AGREEMENT
THIS AGREEMENT made and entered into this 1st day of October,
1991, by and between
CITY OF DANIA, A Florida municipal
corporation, (hereinafter referred
to as "CITY" )
and
SEACOAST SANITATION LTD, INC. , a
Florida corporation, (hereinafter
referred to as "CONTRACTOR"
W I T N E S S E T H:
WHEREAS, under the terms and conditions stated herein the City
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' 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
j WHEREAS, the City Commission recognizes that there are certain
businesses within the City (such as, for example, food sale
. � hiiginesses and restaurants) which require daily garbage and trash
collection services; and
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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
WHEREAS, it is not the intent of this Agreement that the
Contractor furnish garbage or trash collection services to any
business in the City of Dania.
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WHEREAS, the parties wish to reduce their various
understandings, covenants and agreements to writing;
NOW, THEREFORE, for and in consideration of the mutual
rations contained herein, City and
covenants, agreements and conside
Contractor hereby agree as follows:
I.
DEFINE
For the purposes and intents of this Agreement, the parties
bbreviated, shortened or informal words, phrases
hereto agree that a
shall have, unless the content
or references , as used herein, meanings and
obviously requires otherwise, the following
1' definitions, to wit;
�� ; Garbage, as used herein, shall mean and refer
"Garbage of animal and
�j rincipally
' primarily to food wastes consisting P bottles or
subject to decay, and sacks , cans,
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vegetable matter, or containing foods, meats and
tins used for the purpose
ose of storing
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vegetables; grass
"Trash" : Trash, as used herein, shall mean and refer to g
trimmings which are contained
cuttings, tree branches and shrubbery 32 gallons. However,
in plastic bags or containers not exceeding tree branches which
the definition shall not include tree trunks,
are more than 4 feet in length. Further, the definition of "trash"
stoves, hot water heaters,
shall not include refrigerators , stobatteries or any materials
furniture, building materials, tires,
considered hazardous by County or State ordinances.
"Residence" : Any detached single family structure designed or
intended for occupancy by one person or by one family, and duplex,
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triplex, townhouse, or other residential structure containing 4 or
less living units . Residential structures containing over 4 units
are classified as a business and must use containerized service
provided by a private sanitation company. However, resdidential
structures containing 4 units shall have the option of city
contracted pick up or contracting with a private sanitation company
for containerized service.
"Solid Wastes": Garbage and trash resulting from the normal
activities of households.
"Containerized Service" : Containerized service shall mean
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i service by a detachable container designed or intended to be
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mechanically dumped into a packer type truck in excess of 80 gallon
capacity.
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II
TERM
The term of this Agreement shall be for a period beginning
October 1, 1991, and ending September 30, 1996.
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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, 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. 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.
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IV
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.
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COMPENSATION TO CONTRACTOR
lj The City shall pay Contractor the sum of $11 .41 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
_u are provided.
At the time of the signing of subject contract, the number of
units furnished to the Contractor, was 3 ,499 . At the end of each
contract year, the Contractor shall have the right to petition the
City Manager for an increase in its monthly charge to the city for
such increase if the number of units being served increases 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 30th. The number of increased or decreased
units will be determined by a computer print out from the City' s
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utilities Accounting Division at the end of each fiscal year.
Upon the opening of the Reuter Recycling Plant, the Contractor
shall be obligated to reduce the rates being charged the City at
the beginning of this contract in the event said rates exceed those
charged by Reuter. The reduction of the rates will be determined
by the City Manager based upon Reuter' s charges, through
negotiations with the Contractor.
Any future increases 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 in the City of Dania as of July,
1990, and January 1, 1991, will be excluded from this agreement due
to the fact that it will remain a part of Broward County s
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sanitation contract through the year 1995.
L VI
LIABILITY INSURANCE
fContractor 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. An up-to-date
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certificate of insurance will be provided to the City by the
Contractor at all times .
VII
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.
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VIII
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PUBLIC CONVENIENCE AND SAFETY
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Contractor shall at all times during the life of this contract
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d 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
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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 withold any
monies due Contractor until such suit, action or claim has been
f suitable evidence of such
properly adjudicated or settled and
adjudication or settlement furnished to the City Commission of the
City of Dania.
4 IX
RESOURCE RECOVERY AND ENERGY CONVERSION
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y The City of Dania has entered into a contract agreement with
Inc. to cause to be delivered all of
Reuter Recycling of Florida,
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JJ the solid waste collected within the city limits to the Reuter
Recycling facility located at 20701 Pembroke Road, Pembroke Pines,
Florida.
abide by all provisions outlined in the
The Contractor shall
a
Reuter contract agreement, Ordinance 17-90 and Ordinance 30-90.
(copies attached) ,
X
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
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or shirts bearing the company' s name.
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.
XI
RESIDENTIAL UNITS TO BE SERVED
Contractor shall have the exclusive right and obligation to
provide for the collection and disposal of solid waste, garbage and
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trash, as defined herein, to all residential structures up to and
1 including 4 units within the City boundaries, present and future.
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'1 However, residential structures containing 4 units shall have the
option of city pick-up or contracting with a private sanitation
f, l company for containerized service. This contract will not include
the area annexed into the City as of July, 1990, and January 1,
1991. This area is under contract through the County until 1995.
XII
NORMAL PICKUPS
Contractor shall collect all garbage and trash as herein
defined in an unlimited volume two times per week for all
individually served residential structures up to and including 4
units where garbage and trash are deposited in containers or
plastic bags not exceeding 32 gallon capacity.
XIII
MATERIALS NOT INCLUDED IN COLLECTION
Contractor will not be required to collect tree trunks, tree
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branches which are more than 4 feet in length, refrigerators,
stoves, hot water heaters, furniture, building materials, tires ,
batteries, or any materials considered hazardous by County or State
ordinances.
XIV
SPILLAGE AND LITTER
Contractor shall not litter premises in the process of making
collections and shall replace all garbage can lids after emptying.
He shall report any unsanitary conditions of premises caused by the
owner and/or tenant to the Public Works Administrator or his/her
representative. During hauling, all solid wastes shall be
that leaking, spillage or blowing is
contained, and/or enclosed, so
prevented. Contractor shall promptly clean up any spillage.
' XV
CONTAINERS FOR CITY USE
Containers shall be provided and serviced by Contractor at no
cost to City at the following locations:
Frost park ( 1) (4 yds)
Modello Park (2 ) (4 yds)
Dania Beach (2) (4 yds )
NW 10 Street park ( 1 ) (4 yds)
Water Plant ( 1) (4 yds )
City Hall ( 1) (4 yds )
Fire Station ( 1) (4 yds)
Community Center ( 1) (4 yds )
Variable locations may be specified by the City Manager, but in no
event may the total amount of locations exceed twelve ( 12) .
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XVI
TIME OF GARBAGE AND TRASH PICKUP
Contractor shall schedule all collections of garbage and trash
between the hours of 7: 00 a.m. and 7:00 p.m. Collections of
garbage and trash 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.
XVII
ROUTES AND SCHEDULES
Contractor shall periodically provide the office of the Public
Works Administrator with schedules of residential collection routes
1' and keep such information current at all times. In the event of
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v changes in routes or schedules that will alter the day of pickup,
Contractor shall notify each customer affected by either (a) direct
A•,� mail; (b) door hangers which City expressly approves for such
r purposes; or (c) an advertisement prominently displayed in a
newspaper of city-wide distribution at least once, not less than
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jone 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.
XVIII
HOLIDAY PICKUP SCHEDULE
Any change in 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
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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.
xix
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
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another collector for garbage collection services to fulfill the
li 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
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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 wee
k 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.
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XX
ASSIGNMENT
This contract shall not be assignable by Contractor without
Contractor first obtaining written approval by City.
XXI
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
i the arbitrators may be entered by any Court having jurisdiction
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thereof.
CITY OF DANIA, a Florida
municipal corpo r on
�
By:
ATTEST: Mayor - Commissioner
By:
City Manager
City Clerk - Auditor
Executed by City, this day of
1991
(City Seal)
A Florida Corporation
APPROVED AS TO FORM AND BY.
CORRECTNESS/ / president
BY: o��/
Frank C. Adler, City ATTEST:
Attorney
Secretary
Executed by Contractor, this
day of , 1991
(Corporate Seal)
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