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HomeMy WebLinkAboutR-1991-105 RESOLUTION NO. 105-91 A RESOLUTION OF THE CITY OF DANIA, FLORIDA, APPROVING THAT CERTAIN AGREEMENT BETWEEN THE CITY OF DANIA AND SOUTHERN SANITATION SOUTHEAST, RELATING TO BULK TRASH PICK UP AND CHIPPER SERVICE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1 . That that certain Agreement between the City of Dania and Southern Sanitation Southeast, relating to bulk trash S�w pick up and chipper service, a copy of which is attached hereto as Exhibit "A", be and the same is hereby approved, and the a j appropriate city officials are hereby directed to execute same. Section 2 . That this resolution shall be in force and take R1 effect immediately upon its passage and adoption. w PASSED and ADOPTED this 24th day of September , 1991 . MAYOR - COMMISSIONER ATTEST: CITY CLERK - AUDITOR APPROVED AS TO FORM AND CORRECTNESS: FRA K C. ADLER, City Attorney Resolution No. 105-91 i t 4. 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 SOUTHERN SANITATION SOUTHEAST, 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 of Dania desires to enter into the within agreement with contractor for the furnishing of bulk trash pick up and chipper �; 11 service for disposal of bulk yard trash to the specific users J described herein; and WHEREAS, it is not the intent of this agreement that the contractor furnish bulk trash pick up or chipper service to any I business in the City of Dania. 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 EXH I BST "A" +S Yi co ntent obviously requires otherwise, the following meanings and definitions, to wit; "Bulk Trash" : Bulk Trash, as used herein shall mean and bble, mixed roofing material, rock, refer to furniture, concrete ru equipment, wire and cable and gravel and other earthen materials, reement between the other acceptable material defined in the ag Inc. under City of Dania and Reuter Recycling of Florida, acceptable waste. shall "Bulk Yard Trash" : Bulk Yard Trash as used herein, refer to all large cuttings of vegetative and wood matter which intenance. are a part of a normal yard ma Any detached single family structure "Residence" : designed 7� by one family, and ancy by person or ' or intended for occup one , townhouse, or other residential structure duplex triplex, units. four (4 ) Residential structure or less living containing 4 units are classified as a business and over four ( ) F , containing provided by a private sanitation must use containerized service residential structures containing four (4) company. However, pick-up or I contracted p option of city units shall have the oP for disposal of their trash as contracting with a private company described hereinabove. II TERM Of this agreement shall be for a period beginning The term 1994 . October 1, 1991, and ending September 30, 2 J t 1 y n Y: III 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. IV LIABILITY INSURANCE .j Contractor shall provide and maintain during the life of this contract, public liability and property damage insurance and n•„ umbrella coverage in the following amounts: w' 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 certificate of insurance will be provided to the city by the contractor at all times. 3 r - Y.: V WORKMEN'S COMPI3NSMIQN 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. VI PUBLIC CONVENIENCE AND SAFETY Contractor shall at all times during the life of this county, state and federal laws, i contract observe all city, l.• ordinances and regulations controlling or limiting those engage ,j i 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 4 1 1. _ 6. \ v 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. VII CONTRACTOR'S PERSONNEL ' y= 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 agreement to require that contractor' s collection employees wear clean uniforms 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. VIII OPTION TO RENEW This agreement may be renewed by mutual consent of the parties for a period mutually agreed upon by the parties. The 5 1 i r, b: , 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. IX RESOURCE RECOVERY AND ENERGY CONVERSION The City of Dania has entered into a contract agreement with hyl ,1 Reuter Recyclying of Florida, Inc. to cause to be delivered to the Reuter Recyclying facility located at 20701 Pembroke Road, Pembroke Pines, Florida, all such waste acceptable by said Reuter jRecycling of Florida, Inc. jl 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 contractor the sum of $16, 620 .25 per month compensation for the collection and disposal of all bulk trash and bulk yard trash as defined hereinabove. Such monthly payments are due and payable on the first day of the month following that for which the services herein described are provided. 6 1 i t 1 . M: That portion that was annexed into 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 sanitation contract through the year 1995. XI RESIDENTIAL UNITS TO BB 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 j. residential structures up to and including four (4 ) units within the city boundaries, present and future. Structures containing A i 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 :ul 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 annexed into the I city as of July, 1990 and January 1, 1991 . This area is under contract through the county until 1995 . XII BULK TRASH PICKUP Contractor shall collect once a month, furniture, concrete rubble, mixed roofing material, rock, gravel and other earthen materials, equipment, wire and cable and other acceptable material 7 1 i 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 served residential structures to and including four (4 ) units 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 Administrator. The maximum amount of trash to be picked up by the contractor shall be 6 cubic yards per pick up per residential unit. Anything over this will be considered a special pick up which shall be '( picked up and billed by the contractor in accordance with the yY J t terms specified hereinafter in paragraph entitled "Special i a.i Pickup" . XIII MATERIAL NOT INCLUDED IN COLLECTION Contractor will not be required to pick up any "Unacceptable Waste" as defined in the agreement between the City of Dania and Reuter Recycling of Florida, Inc. under "Unacceptable Waste" and will not be required to pick up refrigerators, freezers, dish washers, ovens, stoves, hot water heaters and other major appliances. 8 Y. XIV SgppgATION OF BULR TRASH llect The contractor will not be required to separate or co is items that are combined or co-mingled with waste which for not acceptable for collection. Items that are acceptable nacceptable items shall be collection that are placed apart from u collected. XV BULB YARD TRASH PICK UP FOR CHIPPER SERVICE W, J ��. The contractor shall Provide chipper service once a month or all residential units up to and including four (4 ) within the city -•i, 1' Structures containing more than boundaries, present and future. ti for special p ick up or contract with a four (9 ) units must arrange d trash as described private company for disposal of their bulk yar herpinabove. The contractor shall remove for chipping, all large cuu—.7- j art of normal yard of vegetative and wood matter which are a p I e that maintenance. Bulk yard trash shall be limited to the type can be readily handled by the chipper equipment of the contractor. e designed to handle limbs Equipment used by the contractor must b and other wooden material up to three inches in diameter and all types of palm fronds. The maximum amount of bulk yard trash disposed of by the contractor shall be 6 cubic yards per pick up per residential idered a special pick up unit. Anything over this will be cons 9 1 A u r which shall be picked up and billed by the contractor in accordance with the terms specified hereinafter in paragraph entitled "Special Pickup" . In the case of a dispute between the contractor and a customer as to what constitutes an acceptable 6 cubic yard pick up, the dispute will be reviewed and decided by the public works administrator. All chipped material covered by this agreement shall be retained and disposed of by the contractor. " XVI SPECIAL PICKUP i; In the event a residential customer desires a bulk trash pick Iup 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 '-' exceeds the maximum limits set forth in this agreement, the contractor shall negotiate with the residential customer a fee not i to exceed $20.00 per cubic yard to remove the trash. Fee to be collected shall be the sole responsibility of the contractor. In the event the customer does not agree upon the price, the contractor must notify the public works administrator of the inquiry. The public works administrator will then review the said pick up as to the validity of the charge and his/her decision shall be final. 10 2, 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 administrator 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. XVIII TIME OF TRASH PICKUP 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. XIX ROUTES AND SCHEDULES i 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 11 r" a t i r 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. xx 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 a ti h er of local circulation. Said schedule changes in a newspaper i ys ! advertisement shall clearly set forth what the holiday schedule is F.,.l •_� � to be, and if there will be any change in the time trash as defined hereinabove is normally picked up. 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 present, declare this agreement to be terminated if the city co,-.mission 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 trash collection service to fulfill the 12 i 4i duties and obligations of contractor. Should contractor miss, in any calendar month, the collection of trash as 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 accounts 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 4 . ,; verified the complaints of misses. Additionally, contractor shall have one week from the date of 1� notice of the filing of the affidavit to investigate the truth of j the complaints and file a counter-affidavit after which a hearing J� must be held before the city commission of the City of Dania. �G t XXII ASSIGNMENT This contract shall not be assignable by contractor without contractor first obtaining written approval by city. XXIII 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. 13 6: CITY OF DANIA, a Florida municipal corporation ATTEST: By: Mayor - Commzssioner BY: City Manager Executed by City, this _ day City Clerk - Auditor of , 1991 (City Seal) 1j A Florida corporation APPROVED AS TO FORM AND CORRECTNESS By: ' By. President Frank C. Adler, City 1 Attorney ATTEST: Secretary Executed by contractor,this_ (Corporate Seal) day of , 1991 . 14 r" � ` ' I i