HomeMy WebLinkAboutR-1999-188 n
r
'1
r
is /
r
i';
r,� r
+ f �
L . :
f
L
?--
r
7
r
RESOLUTION NO. 188-99
A RESOLUTION OF THE CITY OF DANIA BEACH,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH BFI WASTE
SYSTEMS OF NORTH AMERICA, INC. FOR
RESIDENTIAL SOLID WASTE AND RECYCLING
SERVICES; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH,
FLORIDA:
Section 1: That certain Agreement with the City Dania Beach and BFI Waste
Systems of North America Inc. for Residential Solid Waste and Recycling services, in
substantial form as Exhibit "A", attached, is approved and the appropriate City officials
are directed to execute same; provided, however, that the City Manager and City
Attorney are authorized to make minor revisions to such Agreement as are deemed
necessary and proper for the best interests of the City.
Section 2: That all resolutions or parts of resolutions in conflict with this
resolution are repealed to the extent of such conflict.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 THIS 15th DAY OF SEPT Bf R, 1 99.
R-COMMISSIONER
ATTEST:
ACTING. ITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
CITY ATTORNEY
G:DOCSlresprepWr-solidwa stecontract99.doc
L
ati.
t,
r
RESIDENTIAL SOLID WASTE AND
RECYCLING COLLECTION SERVICES
CONTRACT
BETWEEN
THE CITY OF DANIA BEACH,
A MUNICIPAL CORPORATION OF THE
STATE OF FLORIDA, INN
AND
BFI WASTE SYSTEMS
OF
NORTH AMERICA, INC.,
A DELAWARE CORPORATION
AUTHORIZED TO DO BUSINESS
IN THE STATE OF FLORIDA
.f
I
7
City of Dania Beach, FL
Residential Solid Waste and Recycling Collection Contract Page i
I Table of Contents
2 SECTION 1. TERM .......................................................................................................1
3 SECTION 2. DEFINITIONS.............................................................................................2
4 01) Bioha_ardams or Biomslieall{4cste....................................... t
5 (G) BrdkTirer'11.. ........................................................................................................................................._3
6 (cl B111A' Wave........................................ ......,.........,........................._.............,..,..............,............... 1
/r1l Bulk IV'n.cte Collection Semiee................................................................................................................._
8 lei Bulk Kad Trash..................................,..............................................................................................,.....3
9
(l) Bunines.cleel..........................................,..... .,...............,,.......
..._.....,......................._....
.........................3
II (/p Collection........................................_....,............,.....................,............................................................... 3
12 (i) Compac•tar....................................................
3
13 (%) Contract..............
3
14 (k) Contract A(kinistratnr...............................
...............................................,....,.......................................3
15 (1) CONTRACMR......................................
..........,......_.................._...........................................................3
16 (m) Contractor-generated IVrrstc........... .
17 /n) Cuunn........................................... .................................3
is
(o) Customer.- ., ....,.
19 (P) DispnsrrlFncrhn ..,...
20 (9) Dumpvo.............................................................._.........................................................,........................4
21 0) Et'empt 11'amt............................................................................................................................................4
22 (s) Garbage....................................................................................................................................................4
23 (1) Hazardous Waste........................................................... ..................................................4
.......................
24 (11) 1/atelorAlofel........ ................... ...... ....................................... .........................................................4
25 (rl Afatarials Rect cling Facility(AIRF)........................................................................................................4
26 (u') RecyclableAfaterials...................................................................................................._..........................4
27 (1) Recycling Bin................................................................................
...........................................................5
28 (1) Residence..................................... . 5
29 (c) Residential Recycling C'ollectian 5'en•ice................................................................................................5
30 (an) Residential Roll-nut Collection Seryb'e............................................................. ......................5
31 ...............
ON Residen ial Sendce i/nit...........................................................................................................................5
32 (c'c) RcsidentialSolrdNrcatc...................................................
..................................... .... ... ...... ...................5
33 (dd) Residential Solid{i'aste Collection Sen . . . .
•ire..................................................................... 5
34 (ee) Residential Waste............................................................................ ........................
..................................... ...................
35 (Q) Roll-nut Garbage Containers'............
36 (gg) Rubbish.............................................. .....................................................
37 (hi) Senicerlr•ea............. .. .... ............._.................................. .................................................... ...........6
38 (ii) Sludge............... ..............,..........................
. ...
............................................................................................
39 (ill White Ganda.......................................... ... 6
......,.......................................................................................
40 (AA) WmA Dal............................._................................................,..................................................................6
41 (11) YnrdTrash......... .................
......
42 SECTION 3. SERVICES PROVIDED BY THE CONTRACTOR..............................................7
t_ r
r
City of Dania Beach, FL
Residential Solid Waste and Recycling Collection Contract
43 SECTION 4. RESIDENTIAL SOLID WASTE COLLECTION SERVICE....................................Page ii
7
44 SECTION 5. RESIDENTIAL RECYCLING COLLECTION SERVICE,,,,,,,,,,,,,,,,,, ..14
45 SECTION 6. CHARGES AND RATES ............................................................................19
46 SECTION 7. UNUSUAL COSTS
23
47 SECTION 8. HOLIDAY................................................................................................23
48 SECTION 9. CONTRACTOR'S PERSONNEL...................................................................24
49 SECTION 10. SPILLAGE AND LITTER............................................................................25
50 SECTION 11. COLLECTION EQUIPMENT.......................................................................25
51 SECTION 12. EXEMPT WASTE
26
52 SECTION 13. OFFICE ..................................................................................................27
11 SECTION 14. SERVICE INQUIRIES AND COMPLAINTS...................................................
54 SECTION 15. QUALITY OF PERFORMANCE OF CONTRACTOR........................ 29
55 SECTION 16. PROPERTY DAMAGE ...............
56 SECTION 17. PAYMENT WITHHELD...............
57 SECTION 18. FILING OF REQUESTED INFORMATION AND DOCUMENTS,,,,,,,,,,,,,,,,,,,,, 32
58 SECTION 19. EMERGENCY SERVICE PROVISIONS...............
9 SECTION 20. PERMITS AND LICENSES.....................
r
-r
r
City of Dania Beach, FL
Residential Solid Waste and Recycling Collection Contract
Page iii
60 SECTION 21. PERFORMANCE BOND.............
61 SECTION 22. INSURANCE...........................................................................................33
62 SECTION 23. INDEMNIFICATION OF CITY ....................................................................34
63 SECTION 24. BOOKS AND RECORDS.........................................
64 SECTION 25. POINT OF CONTACT ..............................................................................37
65 SECTION 26. NOTICE........................................................................
66 SECTION 27. DEFAULT OF CONTRACT.........................................................
67 SECTION 28. MODIFICATIONS TO THE CONTRACT...............
68 SECTION 29. INDEPENDENCE OF CONTRACT...............................................................42
69 SECTION 30. EMPLOYEE ...............................................................................42
70 SECTION 31. EQUAL OPPORTUNITY EMPLOYMENT .................................
71 SECTION 32. MEDIATION ...........................................................................................42
72 SECTION 33. RIGHT TO REQUIRE PERFORMANCE........................................................43
73 SECTION34. GOVERNINGyV ..................................................................................43
74 SECTION 35. CONSENT TO JURISDICTION ..........................................
75 SECTION 36. LITIGATION........................................................
76 SECTION 37. COMPLIANCE WITH LAWS ...........................................I.........................44
f
j--
r
Il '!
City of Dania Beach, Fl.
Residential Solid Waste and Recycling Collection Contract Page iv
77 SECTION 38. SEVERABILITY........................................................................................44
78 SECTION 39. ASSIGNMENT AND SUBLETTING.............................................................44
79 SECTION 40. MODIFICATION ......................................................................................45
80 SECTION 41. LEGAL REPRESENTATION .......................................................................45
81 SECTION 42. FUND APPROPRIATION...........................................................................45
82 SECTION 43. PUBLIC ENTITY CRIME............................................................................46
83 SECTION 44. FINANCIAL INTEREST.............................................................................46
84 SECTION 45. ALL PRIOR AGREEMENTS SUPERSEDED...................................................47
85 SECTION 46. HEADINGS.............................................................................................47
SGSECTION 47. EXHIBITS ...............................................................................................47
87 SECTION 48. EFFECTIVE DATE....................................................................................47
88 EXHIBITS
89 EXHIBIT 1 COST PROPOSAL SET 1 - FORM 1A
90 EXHIBIT 2 COST PROPOSAL FORM 4
91 EXHIBIT 3 COLLECTION EQUIPMENT REPORTING FORM
92 EXHIBIT 4 EMERGENCY SERVICE RATE FORM
3 EXHIBIT 5 RESIDENTIAL RECYCLING REPORTING FORM
.f
r
_I
94 RESIDENTIAL SOLID WASTE AND RECYCLING COLLECTION SERVICES CONTRACT
95
City of Dania Beach, Florida
96 This Contract, made and entered into this /
� 97 �' day of �� i,���,'�1 _
1999, between the City of Dania Beach, a municipal corporation lof
98 the State of Florida, Broward County, Florida, hereinafter referred to as "CITY" and BFI
99 Waste Systems of North America, Inc., a Delaware corporation authorized to do business in
100 the State of Florida, hereinafter referred to as "CONTRACTOR".
101 Now, therefore, in consideration of the mutual covenants, agreements and
102 consideration contained herein, the CITY and CONTRACTOR hereby agree as hereinafter
103 set forth:
104 SECTION I. TERM
105 A. Initial The term of this Contract shall be for a five 5
106 beginning retroactive to October 1, 1999 and terminating September 30, ( ) year period
20 107 04.
B. Option to Renew
IOR This Contract between the CITY and the CONTRACTOR
may be renewed for one 1 additional three (3) year period at the option of the CITY. The
109 CITY shall notify the CONTRACTOR of its intent to exercise this renewal option or allow
110 the Contract to terminate. Said notice shall be in writing and delivered not less than one
III hundred twenty (120) days prior to September 30, 2004. In the event the CITY notifies
112 the CONTRACTOR of its intent to exercise this renewal option, the CONTRACTOR shall
113 notify the CITY of its intent to accept or decline the renewal option offer. Such notice shall
114 be made in writing and delivered to the CITY within twenty (20) days of receipt by the
115 CONTRACTOR of the CITY'S notice of intent to exercise the renewal option. In the event
116 the Contract is renewed, the CITY may, at the end of the three (3) year option period,
117 either renegotiate the term and conditions of the Contract with the current CONTRACTOR
113 or request proposals from qualified contractors to provide Residential Solid Waste and
119 Recycling Collection Services. The CITY shall notify the CONTRACTOR of its decision not
120 less than one hundred twenty (120) days prior to the end of the extension period.
t-
r
-7
,
Cih of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Pa e 2
121 SECTION 2. DEFINITIONS
122 For the purpose of this Residential Solid Waste and Recycling Collection Services
123 Contract, hereinafter referred to as "Contract', the definitions contained in this Section
124 shall apply unless otherwise specifically stated. If a word or phrase is not defined in this
125 Section, the definition of such word or phrase as contained in Chapter 13, Article IV of the
126 Dania Beach City Code shall control. When not inconsistent with the context, words used
127 in the present tense include the future, words in the plural include the singular, and words
128 in the singular include the plural. Use of the masculine gender shall include the feminine
129 gender. The word "shall" is always mandatory and not merely discretionary.
130 (a) Biohazardous or Biomedical Waste. Any waste which may cause disease or
131 reasonably be suspected of harboring pathogenic organisms; included are waste resulting
132 from the operation of medical clinics, hospitals, and other facilities processing wastes
133 which may consist of, but are not limited to, human and animal parts, contaminated
134 bandages, pathological specimens, hypodermic needles, sharps, contaminated clothing and
.35 surgical gloves.
136 (b) Bulk Trash. Those wastes that may require special handling and
137 management including, but not limited to; furniture, concrete, rubble, mixed roofing
133 materials, rock, gravel and other earthen materials, equipment, wire and cable and other
139 similar items including materials resulting from home improvements and any and all
140 household goods and furniture, which are customary to ordinary housekeeping operations
141 of a Residential Service Unit. Bulk Trash must be generated by the customer and at the
142 Residential Service Unit wherein the Bulk Trash is Collected. Bulk Trash does not include
143 items herein defined as Contractor-generated Waste, or Exempt Waste.
144 (c) Bulk Waste. Shall consist of Bulk Trash, Bulk Yard Trash and White Goods.
145 Bulk Waste must be generated by the customer and at the Residential Service Unit wherein
146 the Bulk Waste is Collected. Bulk Waste does not include items herein defined as
147 Contractor-generated Waste, or Exempt Waste.
148 (d) Bulk Waste Collection Service. The Collection of Bulk Waste from all
19 Residential Service Units in the Service Area.
f
' r
Cite of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract
Palle 3
150 (e) Bulk Yard Trash. All types of palm fronds, and Yard Trash not exceeding
151 four (4) feet in its longest dimension or six (6) inches in diameter. Bulk Yard Trash must
152 be part of normal yard maintenance and be generated by the customer at the Residential
153 Service Unit wherein the Bulk Yard Trash is Collected. Bulk Yard Trash does not include
154 items herein defined as Contractor-generated Waste, or Exempt Waste.
155 (f) Business(es), All retail, professional, wholesale and industrial facilities and
156 any other commercial enterprises offering goods or services to the public or other
157 businesses.
158 (g) CITY. This term shall mean the City of Dania Beach, Florida.
159 (h) Collection. The process whereby Residential Solid Waste or Recyclable
160 Materials are removed and transported to a Disposal Facility or Materials Recycling Facility
161 as appropriate.
162 N Compactor. Any Dumpster which has a compaction mechanism, whether
163 stationary or mobile.
164 (jl Contract. The written document and all amendments thereto, between the
165 CITY and the CONTRACTOR, governing the provision of services as provided herein.
166 (k) Contract Administrator. That person, or his designee, designated by the
167 CITY to administer and monitor the provisions of this Contract.
168 Ill CONTRACTOR. That person or entity that has obtained from the CITY a
169 Contract to provide the services set forth herein.
170 (m) Contractor-generated Waste. Bulk Trash or Bulk Yard Trash generated by
171 builders, building contractors, privately employed tree trimmers and tree surgeons,
172 landscape services and lawn or yard maintenance services and nurseries.
173 (n) County. This term shall mean Broward County, Florida.
174 (o) Customer. This term shall mean the occupant of the premises that
175 receives the solid waste and recycling collection services.
176 (p) Disposal Facility, The Reuter Recycling of Florida, Inc. Facility
r '�
it
r
-i
City of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 4
O
177 located at Pembroke Road, Pembroke Pines, Florida.
178 (q) Dumpster. Any metal container, with a capacity of two (2) or more cubic
179 yards designed or intended to be mechanically dumped into a loader packer type garbage
180 truck.
181 (r) Exempt Waste. Biohazardous or Biomedical Waste, Hazardous Waste,
182 Sludge, tree parts or, lumber that is more than four (4) feet in length in its longest
193 dimension or six (6) inches in diameter, automobiles, automobile parts, boats, boat parts,
184 boat trailers, internal combustion engines, lead-acid batteries, used oil and tires, those
185 wastes under the control of the Nuclear Regulatory Commission and those other materials
186 whose size, weight, or both are in excess of that allowed for Bulk Waste as defined herein.
187 (s) Garbage. All putrescible waste which generally includes but is not limited to
188 kitchen and table food waste, animal, vegetative, food or any organic waste that is
189 attendant with, or results from the storage, preparation, cooking or handling of food
10 materials whether attributed to residential or commercial activities.
191 (t) Hazardous Waste. Any solid waste which is defined as a hazardous waste
192 by the State of Florida Department of Environmental Regulation in the State of Florida
193 Administrative Code by any future legislative action or by federal, state or local law.
194 lu) Hotel or Motel. A structure or building unit(s) capable of being utilized for
195 residential living where such unit or a group of such units is regularly rented to transients or
196 held out or advertised to the public as a place regularly rented to transients for periods of
197 seven (7) days or less. To meet this definition, the Hotel or Motel must be licensed to
198 operate as such. "Transient " has the meaning as defined in Chapter 509, Florida Statutes
199 (1987), or its successor law.
200 (v) Materials Recycling Facility (MRF). Any facility designed, operated, and
201 legally permitted for the purpose of receiving, sorting, processing, storing, or preparing
202 Recyclable Materials for sale.
203 (w) Recyclable Materials. Those materials which are capable of being recycled
204 and which would otherwise be processed or disposed of as Residential Solid Waste. These
j5 materials will be as defined by the City Commission of Dania Beach from time-to-time.
t. ..�
_f
•
r
Y
A
Citv of Dania Beach,FL •
Residential Solid Waste and Recyclincl Collection Contract
Pa e 5
206 Recyclable Materials currently being Collected include; newsprint; clear, green, and brown
207 glass containers, steel cans, aluminum beverage containers, #1 PETE, and #2 HOPE plastic
208 containers.
209 (1) Recycling Bin. A rigid rectangular receptacle made of plastic or other suitable
210 substance of no less than fourteen (14) gallons, provided and distributed by the
211 CONTRACTOR, to those Residential Service Units in the Service Area.
212 (y) Residence. Any individual living unit in a single family or multi-family
213 structure or building of four (4) or less living units intended for, or capable of being utilized
214 for, residential living other than a Hotel or Motel. For purposes of this Contract, the term
215 Residence shall not include mobile homes which are located within a duly licensed mobile
216 home park or a living unit that adjoins or is part of a building from which a duly licensed
217 Business is conducted or operated.
218 (z) Residential Recycling Collection Service, The Collection of Recyclable
219 Materials, by the CONTRACTOR, from those Residential Service Units in the Service Area
220 that use Recycling Bins for the accumulation and set-out of their Recyclable Materials and
221 the delivery of those Recyclable Materials to a Materials Recycling Facility.
222 (aa) Residential Roll-out Collection Service. The Collection of Residential Waste
223 from all Residential Service Units in the Service Area that use Roll-out Garbage Containers
224 for the accumulation and set-out of their Residential Waste and the delivery of that
225 Residential Waste to the Disposal Facility.
226 (bb) Residential Service Unit. Any Residence utilizing Roll-out Garbage Containers
227 for the accumulation and set-out of their Residential Waste.
228 (cc) Residential Solid Waste. Residential Waste and Bulk Waste resulting from
229 the normal household activities of a Residence. Residential Solid Waste must be generated
230 by the customer and at the Residence wherein the Residential Solid Waste is Collected and
231 does not include items defined herein as Contractor-generated Waste or Exempt Waste.
232 (dd) Residential Solid Waste Collection Service. Residential Roll-out Collection
233 Service, and Bulk Waste Collection Service.
L
s
r.
7
(
Cite of Dania Reach,Fl,
Residential Solid Waste and Recycling Collection Contract Pa e 6
234 (ee) Residential Waste. Garbage, Yard Trash, and Rubbish resulting from the
235 normal household activities of a Residence. Residential Waste must be generated by the
236 customer and at the Residence wherein the Residential Waste is Collected and does not
237 include items defined herein as Contractor-generated Waste or Exempt Waste.
238 (ff) Roll-out Garbage Containers. A heavy plastic receptacle, green in color and
239 affixed with the CITY logo, with a rated capacity of at least 96 gallons, having a hinged
240 tight-fitting lid and wheels, and that is designed or intended to be used for semi-automated
241 rear load collection. Roll-out Garbage Containers will be provided by and distributed by the
242 CONTRACTOR to all Residences in the Service Area.
243 (gg) Rubbish. Rubbish shall mean all refuse, accumulation of paper, excelsior,
244 rags, wooden or paper boxes and containers, sweep-ups and all other accumulations of a
245 nature other than Garbage and Yard Trash, which are usual to housekeeping. Rubbish must
246 be generated by the customer and at the Residence wherein the Rubbish is Collected.
147 Rubbish does not include items herein defined as Contractor-generated Waste or Exempt
-48 Waste.
249 (hh) Service Area. The municipal limits of the City of Dania Beach, FL.
250 (ii) Sludge. The accumulated solids, residues, and precipitates generated as a
251 result of waste treatment or processing, including wastewater treatment, water supply
252 treatment, or operation of an air pollution control facility, and mixed liquids and solids
253 pumped from septic tanks, grease traps, privies, or similar disposal appurtenances or any
254 other such waste having similar characteristics or effects.
255 (jj) White Goods. Inoperative and discarded refrigerators, ranges, water heaters,
256 freezers, and other similar domestic appliances. White Goods must be generated by the
257 customer and at the Residence wherein the White Goods are Collected.
258 (kk) Work Day. Any day, Monday through Saturday that is not a holiday as set
259 forth in Section 8 of this Contract.
260 (//1 Yard Trash. Any vegetative matter resulting from normal yard and
261 landscaping maintenance that is not more than four (4) feet in its longest dimension or six
j2 (6) inches in diameter or weighs more than fifty (50) pounds and is contained in a Roll-out
!_
t
r,
r
r
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract
Pa e 7
263 Garbage Container. Yard Trash must be generated by the customer and at the Residence
264 wherein the Yard Trash is Collected. Yard Trash does not include items herein defined as
265 Contractor-generated Waste, or Exempt Waste.
266 SECTION 3. SERVICES PROVIDED BY THE CONTRACTOR
2G7 A. Exclusive Contract Granted The CONTRACTOR is herein granted an
268 exclusive Contract to provide Residential Solid Waste Collection Service and Residential
269 Recycling Collection Service to all Residences within the Service Area. No other Collection
270 services shall be exclusive to the CONTRACTOR.
271 B. Service Provided by CONTRACTOR The CONTRACTOR shall provide
272 Residential Solid Waste Collection Service and Residential Recycling Collection Service
273 within the Service Area.
274 C. Responsibility For Service Billing and Collection The CITY shall be
275 responsible for the billing and collection of payments for Residential Solid Waste Collection
276 Service and Residential Recycling Collection Service.
277 SECTION 4. RESIDENTIAL SOLID WASTE COLLECTION SERVICE
278 The CONTRACTOR shall provide Residential Solid Waste Collection Service to all
279 Residential Service Units in the Service Area.
280 A. Residential Roll-out Collection Service. This service will be governed by the
281 following terms and conditions;
282 1. Conditions and Frequency of Service The CONTRACTOR shall
283 provide unlimited Residential Roll-out Collection Service to all Residential Service Units in
284 the Service Area. Except as set forth herein in Section 4.A.2., all Residential Waste shall
285 be properly containerized in Roll-out Garbage Containers. Residential Roll-out Collection
286 Service shall be provided, and therefore all elements of Residential Waste shall be
287 Collected, at least two (2) times per week with not less than forty-eight (48) hours nor
288 more than seventy-two (72) hours between regularly scheduled pick-up days, with the
289 exception of the holiday as set forth herein.
_f
r
r,
e
y
l
Cit- of Dania Rcacla V1,
Residential Solid Waste and Recycling Collection Contract
Pa e 8
790 2. Holiday and Other Service Exceptions In the event a customer's
291 normal Residential Waste Collection day falls on the holiday, as set forth herein in Section
292 8, the Residential Waste set out on the customer's next regularly scheduled Residential
293 Waste Collection day shall be properly containerized in Roll-out Garbage Containers and
294 non-dissolvable plastic garbage bags to the extent the customers Residential Waste is in
295 excess of that which will fit within the Roll-out Garbage Container.
296 Until January 1, 2000 or such earlier time as the CONTRACTOR has
297 delivered a Roll-out Garbage Container to a Residential Service Unit, the Residential Waste
299 of that Residential Service Unit may be containerized in any type of metal or plastic
299 garbage can or bag of not more than 35 gallons.
300 3. Accessibility For those customers having alley access, all properly
301 containerized Residential Waste shall be placed within three (3) feet of the alley roadway.
302 For those customers without alley access, all properly containerized Residential Waste shall
103 be placed within three (3) feet of the curb, swale, paved surface of the public roadway, \
.o4 closest accessible roadway, or other such location agreed to by the CONTRACTOR and
305 customer, that will provide safe and efficient accessibility to the CONTRACTOR'S
306 Collection crew and vehicle. In certain instances, properly containerized Residential Waste
307 may be placed in driveway turn-out areas to avoid placing it in the traveled roadway. The
308 CONTRACTOR shall report monthly to the Contract Administrator all situations that prevent
309 or hinder Collection on any premises.
310 4. Manner of Collection. The CONTRACTOR shall provide Residential
311 Roll-out Collection Service with as little disturbance as possible and shall leave any Roll-out
312 Garbage Container at the same point it was Collected without obstructing alleys,
313 roadways, driveways, sidewalks or mail boxes.
314 CONTRACTOR'S employees collecting Residential Waste will be
315 required to follow the regular walk for pedestrians while on private property. No
316 trespassing by CONTRACTOR'S employees will be permitted, nor crossing property to the
317 adjoining premises unless the occupant or owner of both properties has given permission.
118 Care shall be taken to prevent damage to property, including flowers, shrubs, and other
. 19 plantings.
L
.f
7--
■
r
'7
Cft of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract
Pa e 9
320 5. Spillage. The CONTRACTOR shall not be responsible for Cleaning up
321 sanitary conditions around Roll-out Garbage Containers caused by the carelessness of the
322 customer; however, the CONTRACTOR shall clean up any Residential Waste spilled from a
323 Roll-out Garbage Container by the CONTRACTOR or its employees. Care shall be taken by
324 CONTRACTOR'S employees to prevent damage to Roll-out Garbage Containers by
325 unnecessary rough treatment.
326 6. Hours. Residential Roll-out Collection Service shall be provided,
327 commencing no earlier than 7:00 a.m, and terminating no later than 7:00 p.m., Monday
328 through Saturday with no service on Sunday. The hours, days, or both of Collection may
329 be extended due to extraordinary circumstances or conditions with the prior written
330 consent of the Contract Administrator.
331 7. Back Door Service. Notwithstanding any term or definition set forth
332 in this Contract, back door Collection of Residential Waste from a Residential Service Unit y
333 shall be required if all adult occupants residing therein are disabled and if a request for back
334 door service has been made to, and approved by, the Contract Administrator in the manner
335 required by CITY. The Contract Administrator shall notify the CONTRACTOR in writing of
336 any customers requiring back door service. No additional monies shall be due to the
337 CONTRACTOR for the provision of back door service to disabled customers.
338 8. Purchase and Distribution of Roll-out Garba a Containers. The
339 CONTRACTOR shall be responsible for the purchase and distribution of Roll-out Garbage
340 Containers to all Residential Service Units in the Service Area on or before January 7,
341 2000. Roll-out Garbage Containers shall be no less than ninety-six (96) gallons in capacity,
342 green in color, affixed with the CITY logo and meet the specifications set forth in Exhibit 2
343 of this Contract, attached hereto and included herein.
344 9. Replacement of Roll-out Garbage Containers Any Roll-out Garbage
345 Container damaged by the CONTRACTOR shall be replaced by the CONTRACTOR, at the
346 CONTRACTOR'S expense, within two (2) Work Days at no cost or inconvenience to the
347 customer.
.r
T�-
r
7
Citv of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 10
348 Upon notification to the CONTRACTOR by a customer that their Roll-
349 out Garbage Container has been stolen or that it has been damaged beyond repair through
350 no fault of the CONTRACTOR, the CONTRACTOR shall have sufficient inventory of Roll-out
351 Garbage Containers on hand to deliver a replacement Roll-out Garbage Container to such
352 customer within two (2) Work Days. Each customer shall be entitled to the replacement of
353 one (1) lost, destroyed, or stolen Roll-out Garbage Container during the life of this Contract
354 at no cost to the customer.
355 The cost of replacing more than one Roll-out Garbage Container per
356 customer during the life of this Contract, due to loss, theft, or destruction through no fault
357 of the CONTRACTOR, shall be charged to the customer in accordance with the Roll-out
358 Garbage Container Option 1 "Unit Price" set forth in Exhibit 1 or as may be adjusted by the
359 CITY from time to time as provided under the terms of this Contract. The cost may be
360 collected from the customer by the CONTRACTOR at the time of delivery of the Roll-out
361 Garbage Container. CONTRACTOR understands and agrees that this provision is intended
A to be applied on a per customer basis, not a Residential Service Unit basis.
363 10. Repair of Roll-out Garbage Containers CONTRACTOR shall be
364 responsible for repair of Roll-out Garbage Containers in the areas of hinged lids, wheels and
365 axles. Within two (2) Work Days of notification by a customer of the need for such
366 repairs, the CONTRACTOR shall arrange to remove the Roll-out Garbage Container for
367 repairs and to deliver a replacement Roll-out Garbage Container to the customer.
368 11. Additional Roll-out Garbage Containers Upon notification to the
369 CONTRACTOR by a customer that an additional Roll-out Garbage Container(s) is required,
370 the CONTRACTOR shall have sufficient inventory of Roll-out Garbage Containers on hand
371 to be able to deliver such additional Roll-out Garbage Container to such customer within
372 two (2) Work Days. The cost of the additional Roll-out Garbage Container(s) shall be
373 charged to the customer in accordance with the Roll-out Garbage Container Option 1 "Unit
374 Price" set forth in Exhibit 2 or as may be adjusted by the CITY from time to time as
375 provided under the terms of this Contract. The cost may be collected from the customer
376 by the CONTRACTOR at the time of delivery of the Roll-out Garbage Container(s).
t~ ..
7
•
Cih el'Dania 13cach,FL do
Residential Solid Waste and RecYclin2 Collection Contract
Pa a 11
377 12. Ownership of Rollout Garbage Containers. Ownership of Rollout
378 Garbage Containers shall rest with the CONTRACTOR until such time as the Rollout S
379 Garbage Container is delivered to the customer at which time ownership of all initial and
380 replacement Roll-out Garbage Container shall rest with the CITY except that ownership of
381 any additional Roll-out Garbage Containers for which a customer has paid a fee directly to
382 the CONTRACTOR shall rest with the customer.
383 B. Bulk Waste Collection Service. This service will be governed by the following
384 terms and conditions:
385 1. Conditions and Freguency of Service. The CONTRACTOR shall
386 provide Bulk Waste Collection Service, to those Residential Service Units in the Service
387 Area, consisting of up to six (6) cubic yards of Bulk Waste per customer at least one (1)
389
388 time per month on a scheduled route basis. In those instances where the scheduled
Collection day falls on the holiday as set forth in Section 8 herein, the Collection shall
390 occur on the next Work Day subsequent to the holiday.
391 Each of the three (3) components of Bulk Waste, (Bulk Trash, Bulk
392 Yard Trash and White Goods), must be placed in separate piles and not co-mingled. In the
393 event the items are co-mingled, the CONTRACTOR shall not be required to Collect such co-
394 mingled items.
395 Certain loose Bulk Trash items,
, rock, gravel
le
396 etc.) must be set out in a container with the weight of the contents tnot tobexceed fifty (50,)
397 pounds. In the event these Bulk Trash items are not properly containerized, the
398 CONTRACTOR shall not be required to Collect such items.
399 2• Accessibility. For those customers having alley access, all Bulk
400 Waste shall be placed within three (3) feet of the alley roadway. For those customers
401 without alley access, all Bulk Waste shall be placed within three (3) feet of the curb, Swale,
402 paved surface of the public roadway, closest accessible roadway, or other such location
403 agreed to by the CONTRACTOR and customer, that will provide safe and efficient
404 accessibility to the CONTRACTOR'S collection crew and vehicle. In certain instances, Bulk
.f
■
a,
Cih of Dania Bead,FL
Residential Solid Waste and Recycling Collection Contract
Pa a 72
405 Waste may be placed in driveway turn-out areas to avoid placing it in the traveled
406 roadway.
407 3. Manner of Collection. The CONTRACTOR shall
408 Collection Service with as little disturbance as possible. Provide Bulk Waste
409 4. Hours. Bulk Waste Collection Service shall be 410 commencing no earlier than 7:00 a.m. and terminating no later than 7:00 provided,
Mon
411 through Saturday with no service on Sunday. The hours, days, or both of Collection mayday be
412 extended due to extraordinary circumstances or conditions with the prior written consent
413 of the Contact Administrator.
414 5. S12illage. The CONTRACTOR shall not be responsible for cleaning up
415 sanitary conditions caused by the carelessness of the customer; however, the
416 CONTRACTOR shall clean up any Bulk Waste spilled or scattered by the CONTRACTOR or
417 its employees.
8 6. Christmas Tree Collection. CONTRACTOR shall
provide
419 week Collection of Christmas trees on a scheduled route basis during the period December
420 26" through February I" of each Contract year during the term of this Contract. Program
421 information including days of Collection shall be distributed to all customers as part of the
422 Annual Solid Waste notification set forth in Section 4.D.1. of this Contract.
423 C. City Services The CONTRACTOR shall provide, at no cost to the CITY,
424 Dumpsters and roll-on/roll-off containers at the following locations in the size and number
425 as set forth below:
Location Frequency of
Quantity Size
Collection
Frost Park 2 x per Week 1
Patrick J. Meli Park B Cu. Yd.
2 x per Week 1
Modello Park B Cu. Yd.
2 x per Week 1
City Hall B Cu. Yd.
2 x per Week 1
Fire Station #1 6 Cu. Yd.
2 x per Week 1
Fire Station #93 B Cu. Yd.
2 x per Week 1
8 Cu. Yd.
d-
t
R '
City of Dania Reach,FL Page 13
Residential Solid Waste and Recycling Collection Contract
I.T. Parker Civic Center
2 x per Week 1 6 Cu. Yd.
Cemetery
2 x per month 1 8 Cu. Yd
NW 10 Street Park
2 x per Week 1 4 Cu. Yd.
Public Works - Trash
On call 1 20 Cu. Yd.
Public Works - Tree Cuttings On call
1 20 Cu. Yd.
Public Works - Citizen Drop-off On call
1 20 Cu. Yd.
426
427 In addition, the CONTRACTOR shall provide, at no cost to the CITY, one (1)
428 additional Container (up to eight (8) cubic yards in capacity) for and with up to six (6) pick-
429 ups per year as may be requested by the CITY for use at CITY related functions.
430 D. Education s. The CONTRACTOR shall provide the following public
431 education services.
432 1. Annual Solid Waste Notice. Each year during the term of this
433 Contract, the CONTRACTOR shall publish and distribute a notice, by door hanger, to the
434 Residential Service Units regarding the Residential Solid Waste and Recycling Collection
435 Service programs and the Christmas Tree collection and phone book recycling programs.
436 The notice shall contain at a minimum, definitions of the materials to be collected,
437 procedures for setting out the materials and maps of the Service Area indicating the days
438 when Residential Roll-out Collection Services, Bulk Waste Collection Services and
439 Residential Recycling Collection Services will be provided. The notice will be approved by
440 the City prior to publication. The notice shall be distributed by the CONTRACTOR no later
441 than December 1, 1999 during each year of the Contract.
442
443 2. Collection Program Magnet. Each year during the term of this
444 Contract, the CONTRACTOR shall produce and distribute a magnet to the Residential
445 Service Units which describes the day of the month on which Bulk Waste Collection
446 Service will be provided. The design of the magnet will be approved by the CITY prior to
447 production. The magnet shall be distributed by the CONTRACTOR no later than December
448 1, 1999 during each year of the Contract.
t
W
r,
T
'f
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Pa a 14
449 E. Routes and Schedules The CONTRACTOR shall provide the Contract
450 Administrator with schedules for all Residential Roll-out and Bulk Waste Collection Service
451 routes and keep such information current at all times. If any changes in the Collection
452 routes occur, the Contract Administrator shall be immediately notified in writing. No
453 permanent change in routes or schedules that will alter the days of Collection may be made
454 without the written consent of the Contract Administrator. In the event a permanent
455 change in routes or schedules that will alter the days of Collection is approved by the
456 Contract Administrator, the CONTRACTOR shall immediately notify the affected
457 custorner(s), in writing or other manner as approved by the Contract Administrator, not less
458 than two (2) weeks prior to the change.
459 F. Disposal Facility. Except as set forth below, all Residential Solid Waste,
460 Collected as a result of performing Residential Roll-out and Bulk Waste Collection Services
461 shall be transported to, and disposed of, at the Disposal Facility. In the event the Disposal
462 Facility is closed on a Work Day, the CONTRACTOR may transport and dispose of
,3 Residential Solid Waste at any legally permitted disposal facility. Failure to comply with
464 this provision shall result in the levy of an administrative charge as specified in Section 15
465 of this Contract and may result in the CONTRACTOR being in default under this Contract.
466 SECTION 5. RESIDENTIAL RECYCLING COLLECTION SERVICE
467 The CONTRACTOR shall provide Residential Recycling Collection Service to all
468 Residential Service Units in the Service Area.
469 A. Residential Recycling Collection Services. These services will be governed
470 by the following terms and conditions:
471 1. Conditions and guency of Service. Until January 1, 2000, or such
472 earlier time as the CONTRACTOR has delivered Recycling Bins to a Residential Service
473 Unit, Residential Recycling Collection Service shall only be provided to those Residential
474 Service Units receiving recycling collection services on September 30, 1999. The
475 CONTRACTOR shall provide unlimited Residential Recycling Collection Service to all
476 Residential Service Units in the Service Area. This service shall be provided once every
./7 week on a scheduled route basis on a day when the Residential Service Unit receives
1_
L -,
r,
T
Y
Cip'of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract
Pa a 15
478 Residential Roll-out Collection Service. However, in those instances where the scheduled
479 Collection day falls on the holiday as set forth in Section 8 herein, the Collection shall
480 occur on the next Work Day subsequent to the holiday. The CONTRACTOR shall not
481 commingle Recyclable Materials with other Residential Solid Waste. The CONTRACTOR
482 shall be required to provide an annual special recycling program for the Collection of
453 telephone books. Such program shall be approved by the CITY and shall at a minimum
484 include the curbside Collection of telephone books for a continuous period of not less than
4S5 sixty (60) days during each Contract year.
486 2• Accessibility, For those customers having alley access, Recycling
487 Bins shall be placed within three (3) feet of the alley roadway, For those customers
488 without alley access, Recycling Bins shall be placed within three (3) feet of the curb,
489 swale, paved surface of the public roadway, closest accessible roadway, or other such
490 location agreed to by the CONTRACTOR and customer, that will provide safe and efficient
491 accessibility to the CONTRACTOR'S collection crew and vehicle. In certain instances,
492 Recycling Bins may be placed in driveway turn-out areas to avoid placing it in the traveled .l
493 roadway.
494 3• Manner of Collection. The CONTRACTOR shall Collect all Recyclable
495 Materials in the Recycling Bin with as little disturbance as
Possible and shall leave the
496 Recycling Bin at the same
Point it was Collected without obstructing alleys, roadways,
497 driveways, sidewalks or mail boxes. The CONTRACTOR shall be responsible for sorting
498 and delivering Recyclable Materials to the Materials Recycling Facility.
499 4. Hours. Residential Recycling Collection Service shall be
500 commencing no earlier than 7:00 a.m. and terminating no later than 7:00
provided,
501 through Saturday with no service on Sunda g P m•- Monday
both Of
502 be extended due to extraordinary circumstances ooruco ditionsrwith the prior
may
503 consent of the Contract Administrator. prior written
504 5. Back Door Service Notwithstanding any term or definition set forth
505 in this Contract, back door Collection of Recyclable Materials from a Residence shall be
506 required if all adult occupants residing therein are disabled and if a request for back door
507 service has been made to, and approved by, the Contract Administrator in the manner
f
r,
r
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 16
508 required by CITY. The Contract Administrator shall notify the CONTRACTOR in writing of
509 any customers requiring back door service. No additional monies shall be due to the
510 CONTRACTOR for the provision of back door service to disabled customers
511 6. Purchase and Distribution of Recycling Bins. The CONTRACTOR shall
512 be responsible for the purchase and distribution of Recycling Bins to all Residential Service
513 Units in the Service Area on or before January 1, 2000. Recycling Bins shall meet the
514 specifications set forth in Exhibit 2 of this Contract included herein and attached hereto.
515 7. Replacement of Recycling Bins. Any Recycling Bin damaged by the
516 CONTRACTOR shall be replaced by the CONTRACTOR, at the CONTRACTOR'S expense,
517 within two (2) Work Days at no cost or inconvenience to the customer.
518 Upon notification to the CONTRACTOR by a customer that their
519 Recycling Bin has been stolen or that it has been damaged beyond repair through no fault
520 of the CONTRACTOR, the CONTRACTOR shall have sufficient inventory of Recycling Bins
I on hand to be able to deliver a replacement Recycling Bin to such customer within two (2)
522 Work Days. Each customer shall be entitled to the replacement of one (11 set of lost,
523 destroyed, or stolen Recycling Bin(s) during the life of the Contract at no cost to the
524 customer.
525 The cost of replacing more than one set of Recycling Bins per customer
526 during the life of this Contract, due to loss, theft or destruction through no fault of the
527 CONTRACTOR, shall be charged to the customer in accordance with the Recycling Bin
528 Option 1 "Unit Price" set forth in Exhibit 2 or as may be adjusted by the CITY from time to
529 time as provided under the terms of this Contract. The cost may be collected from the
530 customer by the CONTRACTOR at the time of delivery of the Recycling Bin(s)•
531 CONTRACTOR understands and agrees that this provision is intended to be applied on a
532 per customer basis, not a Residential Service Unit basis.
533 S. Ownership of Recycling Bins. Ownership of Recycling Bins shall rest
534 with the CONTRACTOR until such time as the Recycling Bin is delivered to the customer at
535 which time ownership of all initial and replacement Recycling Bins shall rest with the CITY
L
f
F
T
7
F "
City of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 17
536 except that ownership of any additional Recycling Bin for which a customer has paid a fee
537 directly to the CONTRACTOR shall rest with the customer.
538 B. Recycling - Improper Procedure Except as set forth below, the
539 CONTRACTOR shall not be required to Collect Recyclable Materials if the customer does
540 not segregate the Recyclable Materials from Residential Solid Waste. If Recyclable
541 Materials are contaminated through commingling with Residential Solid Waste, the
542 CONTRACTOR shall, if practical, separate the Residential Solid Waste from the Recyclable
543 Materials. The Recyclable Materials shall then be Collected and the Residential Solid Waste
544 shall be left in the Recycling Bin along with a written notice of why the Residential Solid
545 Waste is not considered a Recyclable Material. However, in the event the Recyclable
546 Materials and Residential Solid Waste are commingled to the extent that they cannot easily
547 be separated by the CONTRACTOR or the nature of the Residential Solid Waste renders the
548 entire Recycling Bin contaminated, the CONTRACTOR will leave the Recycling Bin un-
549 emptied and issue a written notice to the customer which contains instructions on the
550 proper procedures for setting out Recyclable Materials. The design of said notification shall
551 be approved by the CITY and the cost of printing and delivery of said notices shall be borne
552 by CONTRACTOR. Only two consecutive notices will be issued; however, the Recyclable
553 Materials will not be Collected by the CONTRACTOR until the customer properly
554 segregates the Recyclable Materials and Residential Solid Waste. The CONTRACTOR will
555 notify the CITY by the end of each Work Day of the address(es) of any customer(s) whose
556 Recyclable Materials were not Collected that day and the reason they were not Collected.
557
558 C. Routes and Schedules. The CONTRACTOR shall provide the Contract
559 Administrator with schedules for all Residential Recycling Collection Service routes and
560 keep such information current at all times. If any changes in the Collection routes occur,
561 the Contract Administrator shall be immediately notified in writing. No permanent change
562 in routes or schedules that will alter the days of Collection may be made without the
563 written consent of the Contract Administrator. In the event a permanent change in routes
564 or schedules that will alter the days of Collection is approved by the Contract
565 Administrator, the CONTRACTOR shall immediately notify the affected customer(s), in
_f
(t--
' r
'f
i
r
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 18
566 writing or other manner as approved by the Contract Administrator, not less than two (2)
567 weeks prior to the change.
568 D. Recyclable Material All Recyclable Materials Collected as a result of
569 performing Residential Recycling Collection Services shall be delivered and sold to a
570 Material Recycling Facility selected by the CONTRACTOR. Failure to comply with this
571 provision shall result in the levy of an administrative charge as specified in Section 15 of
572 this Contract and may result in the CONTRACTOR being in default under this Contract.
573 E. Spillage. The CONTRACTOR shall not litter or cause any spillage of
574 Recyclable Materials to occur upon the property or public right-of-way. The CONTRACTOR
575 may refuse to Collect any Recyclable Materials that have not been placed in a Recycling Bin
576 as specified above. During hauling, all Recyclable Materials shall be contained, covered or
577 enclosed so that leaking, spilling and blowing of the Recyclable Materials is prevented. The
578 CONTRACTOR shall be responsible for the immediate clean-up of any spillage caused by
°9 the CONTRACTOR.
580 F. Inspections The CITY shall have the right to inspect the recycling vehicle at
581 any time for its contents while operating inside or outside the CITY.
582 G. Recycling - Chancres to Work. Should unanticipated events, circumstances or
583 changes in law arise that necessitate any additions or deletions to the work described
584 herein including the type of items included as Recyclable Materials, the parties shall
585 negotiate any necessary cost changes and shall enter into a Contract amendment covering
586 such modifications and any compensation to be paid before undertaking any changes or
587 revisions to such work.
588 H. Public Awareness Program CONTRACTOR agrees to cooperate in complying
589 with requests of up to forty (40) hours per year from the CITY to supply a curbside recycling
590 truck and driver at public outreach events, provided that notice of at least five (5) Working
591 Days is given. It is understood and agreed that there shall be no charge to the CITY by
592 CONTRACTOR for compliance with any requests to provide a demonstration collection truck
593 and driver in response to the CITY'S request. In the event that the CITY'S notice for
'4 CONTRACTOR'S cooperation under this Section is less than five (5) Work Days,
V
-r
CUN of Dania Reach,PI.
Residential Solid Waste and Recycling Collection Contract Page 19
595 CONTRACTOR, at its sole discretion, may agree to provide the requested demonstration
596 truck and driver.
597 SECTION 6. CHARGES AND RATES
598 A. Residential Solid Waste and Recycling Collection Services.
599 1. Billing. The CITY shall be responsible for the billing and collection of
600 payments for all Residential Solid Waste and Recycling Collection Services. The CITY shall
601 initially pay the CONTRACTOR for Residential Solid Waste Collection Services and
602 Residential Recycling Collection Services in accordance with the rates and generation
603 factors established in Exhibit 1, attached hereto and included herein, and as may
604 subsequently be adjusted pursuant to this Contract. CONTRACTOR shall invoice the CITY
605 for services rendered under this Contract no later than the tenth (10") day of the month
606 following the month such services were rendered. The CITY shall review the invoice and
607 pay all undisputed portions of the invoice within thirty (30) days of receipt of the invoice.
608 2. Proposal Preparation Expenses CONTRACTOR understands and
609 agrees that the cost of the proposal process is a part of the cost of providing Residential
610 Solid Waste and Recycling Collection Services and thus a responsibility of the
611 CONTRACTOR, and even though such costs in the amount of $18,656 were initially
612 expended by the CITY the expenditure was for the benefit of the CONTRACTOR.
613 Accordingly, CONTRACTOR agrees that any and all monies due CONTRACTOR for the
614 provision of services under this Contract up to an amount of $18,656 will be credited
615 against the CONTRACTOR'S monthly invoices as reimbursement for these expenditures.
616 B. Unit Count. No later than September 15, 2000, and each subsequent year of
617 this Contract, the CITY will notify the CONTRACTOR of the new Residential Service Unit
618 count which will become effective on October 1 of the upcoming Contract year. In the
619 event the CONTRACTOR does not agree with the Residential Service Unit count provided
620 by the CITY, the CONTRACTOR may request that the CITY and the CONTRACTOR perform
621 a joint physical count of the Residential Service Units in the Service Area. Except as set
622 forth below, no adjustments will be made to the Residential Service Unit count during a
623 Contract year to account for Residential Service Units that come on or go off Residential
f
L
7
City of Dania Reach,Fl,
Residential Solid Waste and Recycling Collection Contract
Pa a 20
624 Solid Waste and Recycling Collection Service on a monthly basis.
625 In the event the Residential Service Unit count, as of October 1" of each
626 Contract year, increases by more than one hundred (100) units during the period ended
627 September 30' of that Contract year, the CITY will adjust the Residential Service Unit
628 count to include the additional units and notify the CONTRACTOR of the revised
629 Residential Service Unit count. The revised Residential Service Unit count shall be
630 effective for billing purposes by the CONTRACTOR on the date the notice of the revised
63f Residential Service Unit count is received by the CONTRACTOR from the CITY.
632 C. Disposal Element Adjustment. The Residential Roll-out Collection Service
633 "Monthly Unit Disposal Rate" is based on the tipping fee per ton and the "Monthly Unit
634 Residential Waste Generation Factor" set forth on the Cost Proposal Form submitted by the
635 CONTRACTOR and selected by the CITY as set forth in Exhibit 1. The Bulk Waste
636 Collection Service "Monthly Unit Disposal Rate" rate is based on the tipping fee per ton and
637 the "Monthly Unit Bulk Waste Generation Factor" set forth on the Cost Proposal Form
.8 submitted by the CONTRACTOR and selected by the CITY as set forth in Exhibit 1. Any
639 approved change in the per ton tipping fees, as set forth below, will result in a
640 corresponding change in the appropriate "Monthly Unit Disposal Rate" based on the
641 following formula:
642 The new approved tipping fee x the "Monthly Unit Residential Waste
643 Generation Factor" or "Monthly Unit Bulk Waste Generation Factor" as
644 appropriate.
645 Less: The old tipping fee x the "Monthly Unit Residential Waste Generation Factor"
646 or "Monthly Unit Bulk Waste Generation Factor" as ap
propriate.
647 Will Equal: The change in the Residential Roll-out or Bulk Waste Collection Service
G48 "Monthly Unit Disposal Rate".
649 In order for the CONTRACTOR to receive a disposal rate adjustment, as set
650 forth above, based on a change in the tipping fee per ton, the CONTRACTOR must provide,
651 in a manner that is acceptable to the CITY, sufficient evidence, in the sole opinion of the
-2 CITY, that the tipping fee increase results in a specific decrease in net revenues to the
r
t,
-r
Citr of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 21
653 CONTRACTOR. However, in no event, except as set forth below, shall a tipping fee
654 adjustment during any Contract year of October 1" through the following September 30"
655 exceed the change, expressed as a percentage, in the Consumer Price Index for all Urban
656 Consumers (CPI-U) for the region including Broward County as determined and recorded by
657 the United States Department of Labor, Bureau of Labor Statistics, for the twelve (12)
658 month period ending on the last day of the month preceding the month in which the written
659 request for a disposal element adjustment was received by the CITY.
660 In the event the CITY believes that it is in the best interest of the CITY to allow a
661 disposal element adjustment in excess of the limitation set forth above, the CITY may at its
662 sole discretion, approve such adjustment.
663 In the event of a reduction in the current approved tipping fee being paid by the
664 CONTRACTOR to the Disposal Facility, the CONTRACTOR shall notify the CITY of the
665 reduction, in writing within two (2) Working Days. In no event shall the CONTRACTOR
666 utilize any tipping fee, other than the current approved tipping fee in the preparation of its
667 monthly invoices to the CITY except that in the event the CONTRACTOR is charged a
668 tipping fee that is less than the current approved tipping fee for the disposal of Residential
669 Solid Waste, such lower tipping fee shall be used in the preparation of the monthly invoice
670 to the CITY.
671 The CITY may request from the CONTRACTOR such further information as may be
672 reasonably necessary in making its determination. The CITY shall approve or deny the
673 disposal element adjustment request, in whole or in part, in writing, within sixty (60) days
674 of receipt of the request or receipt of all other additional information required by the CITY.
675 D. Adjustments to Residential Generation Factors.
676 1. 1. In the event of a change in law or a change in the solid waste or
677 recycling program that has the potential to substantial likelihood of materially affecting the
678 "Monthly Unit Residential Waste Generation Factor" or the "Monthly Unit Bulk Waste
679 Generation Factor" or both as set forth by the CONTRACTOR in Exhibit 1, the CITY and
680 the CONTRACTOR agree that a twelve month solid waste generation study will be
681 performed at the request of the CITY with the cooperation of the CONTRACTOR.
r
-r
City of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 22
682 Examples of a "change in law" include, but are not limited to, an amendment to city or
683 county ordinances, state statutes or federal laws regarding mandatory recycling of
684 particular items currently included under the terms of this contract, or a change in
685 environmental ordinances, statutes or laws which would alter disposal such that current
686 disposal measures specified in this contract are no longer legally permitted. Examples of a
687 "change in the solid waste or recycling program" include, but are not limited to, the
688 inclusion or exclusion of items or materials to be recycled or a change in the solid waste
689 container size or bulk pickup limitations, or a change in the number of pickups per week.
690 The study will be funded, in an amount not to exceed the total of $30,000, equally by the
691 CITY and the CONTRACTOR. The generation study will be designed to establish an
692 updated "Monthly Unit Residential Waste Generation Factor," "Monthly Unit Bulk Waste
693 Generation Factor," or both. Within thirty (30) days following the completion of the
694 generation study, the results will be presented to the City. The updated "Monthly Unit
695 Residential Waste Generation Factor," "Monthly Unit Bulk Waste Generation Factor," or
6 both, as set forth in the report, shall become effective on the first day of the first month
697 following the submission of the generation study report to the City. The CONTRACTOR
698 shall cooperate fully with the CITY relative to the performance and completion of the
699 generation study.
700 E. Adiustments to Other Costs.
701 There shall be no annual adjustments of any rate that is part of the
702 "Collection Element", "Initial Container/Bin Element", or "Container/Bin Repair and
703 Replacement Element" as set forth in Exhibit 1, or to the Option 1 "Roll-out Garbage
704 Container Unit Price" or Option 1 "Recycling Bin Unit Price" as set forth in Exhibit 2.
705 F. Recycling Revenues
706 CONTRACTOR shall pay to the CITY fifty percent (50%) of all sums received by
707 CONTRACTOR resulting from the sale of processed Recyclable Materials. Payment shall be
708 made to the CITY within twenty (20) days of the end of the month in which the sale of the
709 Recyclable Materials takes place.
.j
L
T--
r,
`1
City of Dania Beach,PI.
Residential Solid Waste and Recycling Collection Contract Page 23
710 G. Recycling Records. The CONTRACTOR shall maintain proper and accurate
711 records to reflect the weight, by commodity, (newsprint, and other co-mingled recyclable
712 materials) of the Recyclable Materials recovered each month and the Recyclable Materials
713 sold each month and shall report such weight information using the form provided herein as
714 Exhibit 5, attached hereto and included herein.
715 H. Negative Markets. The CITY shall not in any way or for any reason
716 subsidize negative markets.
717 I. Discontinuance. The CITY, at its sole discretion, shall have the option of
718 discontinuing the Collection of any individual Recyclable Material under this Contract upon
719 thirty (30) days written notice to CONTRACTOR.
720 SECTION 7. UNUSUAL COSTS
721 The CONTRACTOR may petition the CITY at any time for an additional rate
722 adjustment on the basis of extraordinary and unusual changes in the costs of operation that
723 could not reasonably be foreseen by a prudent operator and which by all reasonable
724 expectations will continue for a period of six (6) months or more. The CONTRACTOR'S
725 request shall contain substantial proof and justification to support the need for the rate
726 adjustment. The CITY may request from the CONTRACTOR such further information as
727 may be reasonably necessary in making its determination. The CITY shall approve or deny
728 the request, in whole or in part, within sixty (60) days of receipt of the request and all
729 other additional information required by the CITY.
730 SECTION 8. HOLIDAY
731 The CITY observes Christmas Day as a legal holiday. The CONTRACTOR shall not
732 be required to provide Residential Solid Waste Collection Services or Residential Recycling
733 Collection Services or maintain office hours only on that designated holiday. Residential
734 Waste not Collected on that designated holiday shall be Collected on the customer's next
735 regularly scheduled Collection day after that holiday. Bulk Waste and Recycling Materials
736 not Collected on that designated holiday shall be Collected on the next Work Day after that
737 holiday.
4=-
7
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 24
738 SECTION 9. CONTRACTOR'S PERSONNEL
739 A. The CONTRACTOR shall assign a qualified supervisor to be in charge of the
740 operations within the Service Area and shall provide the name of that person in writing to
741 the Contract Administrator annually and any other time the person in that position changes.
742 The supervisor shall be physically stationed in the Service Area and available to the CITY
743 through the use of telecommunications equipment at all times that the CONTRACTOR is
744 providing Residential Solid Waste and Recycling Collection Services.
745 B. The CONTRACTOR shall employ and assign qualified personnel to perform all
746 services set forth herein. The CONTRACTOR shall be responsible for ensuring that its
747 employees comply with all applicable laws and regulations and meet all federal, state and
748 local requirements related to their employment and position.
749 C. The CITY may request the transfer of any employee of the CONTRACTOR
750 who materially violates any provision hereof, or who is wanton, negligent, or discourteous
.1 in the performance of his duties.
752 D. CONTRACTOR'S employees shall be required to wear a clean uniform shirt
753 bearing the CONTRACTOR'S name. The color of the uniform shirt shall be other than that
754 of CITY employees. CONTRACTOR'S employees who normally come into direct contact
755 with the public, including drivers, shall bear some means of individual identification such as
756 a name tag or identification card.
757 E. Each driver of a Collection vehicle shall at all times carry a valid Florida
758 driver's license and all other required licenses for the type of vehicle that is being operated.
759 F. CONTRACTOR'S employees, officers, and agents shall at no time be allowed
760 to identify themselves or in any way represent themselves as being employees of the CITY.
761 G. The CONTRACTOR'S name and office telephone number shall be properly
762 displayed on all Collection vehicles.
L ..
r,
r
7
City of Dania Beach,FI,
Residential Solid Waste and Recycling Collection Contract Pa a 25
763 SECTION 10. SPILLAGE AND LITTER
764 A. The CONTRACTOR shall not litter any premises in the process of providing
765 Residential Solid Waste and Recycling Collection Services. The CONTRACTOR shall
766 transport all Residential Solid Waste and Recyclable Materials in such a manner as to
767 prevent the spilling or blowing from the CONTRACTOR'S vehicle. The CONTRACTOR shall
768 exercise all reasonable care and diligence in providing Residential Solid Waste and
'769 Recycling Collection Services so as to prevent spilling or dropping of Residential Solid
770 Waste or Recyclable Materials during Collection activity and shall immediately, at the time
771 of occurrence, clean up such spilled or dropped Residential Solid Waste or Recyclable
772 Materials.
773 B. Equipment oil, spilled paint, or any other liquid or debris resulting from the
774 CONTRACTOR'S operations or equipment repair shall be covered immediately with an
775 absorptive material and removed from the street or other surface. When necessary,
776 CONTRACTOR shall apply a suitable cleaning agent to the street surface to provide
777 adequate cleaning or remove contaminated surface soil or material and promptly replace
778 with clean soil or surface material.
779 SECTION 11. COLLECTION EQUIPMENT
780 A. The CONTRACTOR shall have on hand at all times, in good working order,
781 such Residential Solid Waste and Recycling Collection equipment as shall permit the
782 CONTRACTOR to adequately and efficiently perform the duties specified in this Contract.
783 B. Upon execution of this Contract, and annually thereafter, the CONTRACTOR
784 shall provide, on the form included herein as Exhibit 3, attached hereto and included herein,
785 a list of the equipment to be used by the CONTRACTOR to provide services relating to this
786 Contract. Any proposed change in the equipment during the Contract period shall be
787 submitted in writing by the CONTRACTOR to the Contract Administrator.
788 C. Residential Solid Waste Collection vehicles shall be of a type sufficient to
789 efficiently collect the Roll-out Garbage Containers using a semi-automated type lift. The
790 CONTRACTOR may utilize open bed vehicles in the provision of Bulk Waste Collection
f
r . .
t•-
r
-r
City of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 26
791 Services, however the vehicles must contain the Bulk Waste so that no material is spilled,
792 leaked or blown from the vehicle and the vehicle must be covered with a securely fastened
793 tarp. Residential Recycling Collection Service equipment shall be of the type which will
794 accommodate the Collection of Recyclable Materials using the Recycling Bins provided by
795 the CONTRACTOR. Each Collection vehicle shall be equipped at all times with a shovel and
796 a broom for the Collection of spilled materials. Recyclable materials must be deposited into
797 an enclosed collection vehicle or one which will ensure that no collected materials can be
798 blown or fall from the vehicle during transport to recycling facility.
799 D. All equipment shall be kept well painted, in good repair and appearance and
800 in a sanitary, clean condition in order to meet community standards of appearance at all
801 times. The CITY shall be the sole judge of community standards of appearance.
802 Equipment shall be washed inside and out on a regular basis. To ensure compliance
803 herewith the CITY reserves the right to inspect the CONTRACTOR'S Collection vehicles at
804 any time to ascertain said sanitary condition. Accordingly, the CONTRACTOR shall provide
15 annual written notification to the Contract Administrator as to the storage location of the
806 Collection vehicles. Failure to keep a truck in good operable condition and acceptable
807 appearance shall, after inspection and notice, cause the exclusion of that truck from the
808 performance of Residential Solid Waste or Recycling Collection Services.
809 E. The CONTRACTOR shall have available to it, at all times, reserve equipment
810 which can be put into service and operation within two (2) hours of any breakdown. Such
811 reserve equipment shall correspond in size and capacity to the equipment used by the
812 CONTRACTOR to perform the contractual duties.
813 SECTION 12. EXEMPT WASTE
814 The CONTRACTOR shall not be required to Collect or dispose of Exempt Waste, but
815 may offer such services. All such Collection and disposal of Exempt Waste are not
816 regulated under this Contract, but if provided by the CONTRACTOR shall be in strict
817 compliance with all federal, state and local laws and regulations.
t_
f
t-
r
7
Ciq of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract
Pa a 27
S1S SECTION 13. OFFICE
819 A. The CONTRACTOR shall maintain an office where complaints can be
820 received and which provides toll-free telephone access for customers living in the City of
821 Dania Beach. Such office shall be equipped with sufficient telephones, shall have
S22 responsible persons in charge and shall be open at least from 8:00 a.m. to 5:00 P.M. on
823 those days that the CONTRACTOR provides Residential Solid Waste or Recycling Collection
824 Services. The CONTRACTOR shall provide either a telephone answering service or
825 mechanical device to receive customer inquiries during those times when the office is
826 closed. Messages left on the answering service or mechanical device shall be responded
827 to on the next day on which service is provided to any portion of the CITY.
828 B. The CONTRACTOR shall provide
he Contract Administrator with an
829 emergency phone number where the CONTRACTOR tcan be reached outside of the required
830 office hours.
NN
831 SECTION 14. SERVICE INQUIRIES AND COMPLAINTS
832 A. All service inquiries and complaints shall be directed to the CONTRACTOR.
833 A representative of the CONTRACTOR shall be available to receive the complaints during
834 normal business hours. All service complaints will be handled by the CONTRACTOR in a
835 prompt and efficient manner. In the case of a dispute between a CONTRACTOR and a
836 customer, the matter will be reviewed and a decision made by the Contract Administrator.
837 B. The CONTRACTOR will maintain a written record of all inquiries and
838 complaints in a manner prescribed by the CITY. The following information will be provided
839 for each inquiry or complaint: date; time of call; person calling; address of person calling;
840 telephone number of person calling; reason for inquiry or complaint; and action taken by
841 CONTRACTOR.
842 C. For those complaints related to missed Collections that are received by 3:00
843 P.M. on a Work Day, the CONTRACTOR will return to the service address and Collect the
844 missed materials before leaving the Service Area for the day. For those complaints related
845 to missed Collections that are received after 3:00 p.m. on a Work Day, the CONTRACTOR
f
L
Fr
T
_I
{
Cite of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 28
846 shall have until the end of the following Work Day to resolve the complaint. For those
847 complaints related to repair or replacement of Roll-out Garbage Containers or Recycling
848 Bins, the appropriate subsections of Sections 4, and 5. of this Contract shall apply. At the
849 end of each Work Day the CONTRACTOR shall provide the Contract Administrator with a
850 written response to each complaint which was received from a customer, or the CITY in
851 the event the complaint was made directly to the CITY, during the preceding Work Day.
852 The written response shall include the name, address and phone number of the
853 complainant, date of occurrence, nature of occurrence and disposition of the complaint.
854 D. On the first Work Day of each week, the CONTRACTOR shall provide the
855 Contract Administrator with a report of those complaints, related to Collection service, that
856 were not resolved in the manner set forth in Subsection C. above. This weekly report shall
857 include the name, address and phone number of the complainant, date of occurrence,
858 nature of occurrence and the status of the disposition of the complaint. Damage
859 information and resolution requiring immediate attention (broken water or gas lines,
,0 hydrants, or damage to electrical, telephone and other wire/conduit services) must be
861 reported to Contract Administrator within 24 hours.
862 E. On the first Monday of each month, the CONTRACTOR shall provide the
863 Contract Administrator with a report on any unresolved complaint involving a claim of
864 damage to private or public property as a result of actions of the CONTRACTOR'S
865 employees, agents or subcontractors. This monthly report shall include the name, address
866 and phone number of the complainant, date of occurrence, nature of occurrence and the
867 status of the disposition of the complaint.
868 F. CONTRACTOR agrees that it is in the best interest of the CITY that all
869 Residential Solid Waste and Recyclable Materials be Collected on the scheduled Collection
870 day. Accordingly, missed Collections will normally be Collected in accordance with
871 Subsection C. above regardless of the reason that the Collection was missed. However, in
872 the event a customer requests missed Collection service more than two (2) times in any
873 consecutive two (2) month period the CITY will work with the CONTRACTOR to determine
874 an appropriate resolution to that situation. In the event the CONTRACTOR believes any
'5 complaint to be without merit, CONTRACTOR shall immediately notify the Contract
f
Ci(V of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract
Pa a 29
876 Administrator in writing, The Contract Administrator will investigate all disputed
877 complaints and render a decision.
878 SECTION 15. QUALITY OF PERFORMANCE OF CONTRACTOR
879 It is the intent of the CITY to ensure that the CONTRACTOR provides a quality level
880 of Residential Solid Waste and Recycling Collection Services. To this end, all complaints
881 shall be promptly resolved pursuant to the provisions of Section 14. of this Contract.
882 It shall be the duty of the CONTRACTOR to take whatever steps are necessary to
883 remedy the complaint. Failure to remedy the complaint as set forth in Section 14. above
884 may result in an administrative charge against the CONTRACTOR. In assessing
885 administrative charges, consideration will be given to extreme weather conditions. It is
886 hereby agreed that the CITY may deduct from any monies due, or which may become due
887 to the CONTRACTOR, administrative charges in the following amounts:
a. Failure or neglect to resolve each complaint in the
S 100.00 per incident
required time.
per Residential Service
Unit.
b. Failure to clean up spillage caused by the
$100.00 per incident
CONTRACTOR.
per location.
C. Failure to repair damage to customer property caused by $100.00 per incident
the CONTRACTOR or its personnel.
per location
d. Failure to maintain equipment in a clean, safe, and
5100.00 per incident
sanitary manner.
per day.
e. Failure to have a vehicle operator properly licensed.
$100.00 per incident
per day.
f. Failure to maintain office hours as required by this
S 100.00 per incident
Contract.
per day.
g• Failure to maintain or submit to the CITY all documents $100.00 per incident
and reports required under the provisions of this
per day.
Contract,
t
,
-r
i
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 30
h. Failure to properly cover materials in Collection vehicles. $100.00 per incident
per day.
i. Failure to display CONTRACTOR'S name and phone $100.00 per incident
number on Collection vehicles. per day.
j. Failure to comply with the hours of operation as required $100.00 per incident
by this Contract. per day.
k. Failure or neglect to complete less than 90 percent of $1,000.00 for each
each route on the regular scheduled Collection day, route not completed.
1. Changing routes or route order without proper $100.00 per incident
notification. per day.
m. Co-mingling Residential Solid Waste with Recyclable $1,000.00 per
Materials. incident.
n. Failure to repair or replace damaged Roll-out Garbage $100.00 per incident
Containers or Recycling Bins in the required period. per day
688
889 Except as set forth in this Contract, failure to deliver any Residential Solid Waste or
890 Recyclable Materials to the Disposal Facility or Materials Recycling Facility respectively, for
891 any reason, will result in the following administrative charges:
892 1. First offense - $1,000.00 charge.
893 2. Second offense - $2,500.00 charge.
894 3. Third offense - loss of Contract.
895 The Contract Administrator may assess administrative charges pursuant to this Section on
896 a monthly basis in connection with this Contract and shall, at the end of each month during
897 the term of this Contract, notify the CONTRACTOR in writing of the administrative charges
898 assessed and the basis for each assessment. In the event the CONTRACTOR wishes to
899 contest such assessment it may request in writing a meeting with the Contract
900 Administrator to resolve the issue. The CITY shall notify the CONTRACTOR in writing of
001 any action taken with respect to CONTRACTOR'S claims. In the event the CONTRACTOR
,02 wishes to contest such decision by the Contract Administrator it shall, within five (5) days
_f
r
r
'f
Cite of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 31
903 after receiving such notice, request in writing that the Contract Administrator request a
904 hearing date before the City Commission to present its defense to such assessment. The
905 City Commission shall notify the CONTRACTOR in writing of any action taken with respect
906 to the CONTRACTOR'S claims and the decision of the City Commission will be the final
907 administrative action.
908 SECTION 16. PROPERTY DAMAGE
909 CONTRACTOR shall be responsible for the prompt repair or replacement, if repair is not
910 adequate, of any damage to public or private property during the provision of Residential
911 Solid Waste and Recycling Collection Service and caused by the CONTRACTOR or the
912 CONTRACTOR'S representative.
913 SECTION 17. PAYMENT WITHHELD
914 A. In addition to express provisions elsewhere contained in this Contract, the CITY may
915 withhold from any payment otherwise due the CONTRACTOR such amount as determined
916 necessary to protect the CITY'S interest, or, if it so elects, may withhold or retain all or a
917 portion of any monthly payment or refund payment on account of:
918 1. Unsatisfactory progress of the work not caused by condition beyond the
919 CONTRACTOR'S control;
920 2. Defective work not corrected;
921 3. CONTRACTOR'S failure to carry out instructions or orders of the CITY or its
922 representative;
923 4. A reasonable doubt that the Contract can be completed for the balance then
924 unpaid;
925 5. Execution of work not in accordance with the Contract documents;
926 6. Claim filed by or against the CONTRACTOR or reasonable evidence indicating
927 probable filing of claims;
4
City of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 32
928 7. Failure of the CONTRACTOR to make payments to any subcontractor for
929 material or labor;
930 8. Damage to another CONTRACTOR;
931 9. Unsafe working conditions allowed to persist by the CONTRACTOR;
932 10. Failure of the CONTRACTOR to provide route schedules and other reports as
933 required by the CITY;
934 11. Use of any subcontractors without the CITY'S prior written approval.
935 B. When the above grounds are removed, payment shall be made for amounts
936 withheld because of them and CITY shall never be liable for interest on any delayed or late
937 payment.
938 SECTION 18. FILING OF REQUESTED INFORMATION AND DOCUMENTS
.19 A. In addition to any other requirements of this Contract, the CONTRACTOR
940 shall be required to file statistical and other pertinent information pertaining to Residential
941 Solid Waste and Recycling Collection Services as may be requested by the CITY to comply
942 with the provisions of Section 403, Florida Statutes, as amended, other pertinent laws and
943 regulations and any inter-local agreements the CITY has or may enter into during the term
944 of this Contract.
945 B. The CONTRACTOR shall file and keep current with the CITY all documents
946 and reports required by this Contract. Prior to September 15th of each year this Contract
947 is in effect, the CONTRACTOR, based on a list provided by the CITY, shall ensure and
948 certify to the CITY that all required documents such as, but not limited to, certificates of
949 insurance, performance bond, route schedules and maps, drivers license certifications, and
950 lists of Collection equipment vehicles are current and on file with the CITY.
951 SECTION 19. EMERGENCY SERVICE PROVISIONS
952 In the event of a hurricane, tornado, major storm, natural disaster, or other such
Q53 event, the Contract Administrator may grant the CONTRACTOR a variance from regular
954 routes and schedules. However, CONTRACTOR shall make its best effort to resume
f
L
r,
T
Cih of Dania Beach,FL
Residential Solid Waste and Recyclin Collection Contract
Pa a 33
955 regular service as soon as possible. As soon as
956 CONTRACTOR shall advise the Contract Administrator practicable
ibis ant cipated that normal
957 routes and schedules can be resumed. The Contract Administrator shall make an effort
958 through the local news media to inform the public when regular services may be resumed.
959 The clean-up from some events may require that the CONTRACTOR hire additional
960 equipment, employ additional personnel, or work existing personnel on overtime hours to
961 clean debris resulting from the event. The CONTRACTOR shall receive additional
962 compensation, above the normal compensation contained in this Contract, to cover the
963 costs of rental equipment, additional personnel, overtime hours and other documented
964 expenses based on the rates set forth in Exhibit 4, attached hereto and included herein
965 provided the CONTRACTOR has first secured written authorization and approval from the
966 CITY through the Contract Administrator.
967 SECTION 20. PERMITS AND LICENSES
968 The CONTRACTOR shall obtain, at its own expense, all
969 required by law or ordinance and maintain same in full force and effecPermits and licenses
970 SECTION 21. PERFORMANCE BOND
971 The CONTRACTOR shall furnish to the CITY, and keep current, a Performance od
972 for the faithful performance of this Contract and all obligations arising hereunder in B n 973 amount of One Hundred Thousand Dollars ($100,000.00). the It shall be executed by a surety
974 company licensed to do business in the State of Florida; having an "A-" or better rating by
975 A. M. Best or Standard and Poors; and included on the list of surety companies approved
976 by the Treasurer of the United States.
977 SECTION 22. INSURANCE
978 A. CONTRACTOR shall provide, pay for and maintain in force at all times during
979 the term of this Contract, such insurance, including professional liability insurance,
980 Workers' Compensation Insurance and comprehensive general liability insurance as stated
981 below;
_f
r,
7
r
Cih.of Dania Reach, FL
Residential Solid Waste and Recycling Collection Contract
Page 34
982 1 Workers' Compensation Insurance to apply for all employees in
983 compliance with the "Workers' Compensation Law" of the State of Florida and all
984 applicable federal laws, for the benefit of the CONTRACTOR'S employees.
985 2 Comprehensive general liability insurance, including contractual, with
986 minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single
987 limit for bodily injury liability and property damage liability. The CITY is to be included and
988 named as an "additional named insured" with respect to any claims arising out of this
989 Contract.
990 3 The CONTRACTOR shall provide the Risk Manager of the CITY with
991 the Certificates of Insurance for coverages and policies required by this Contract. All
992 certificates shall state that the CITY shall be given thirty (30) days' advance notice prior to
993 expiration or cancellation of any policy. Such policies and coverages shall not be affected
994 by any other policy of insurance which the CITY may carry in its own name.
15 4 All required insurance policies shall preclude any underwriter's rights
996 of recovery or subrogation against CITY with the express intention of the parties being that
997 the required insurance coverages protect both parties as the primary coverages for any and
998 all losses covered by the above-described insurance. CONTRACTOR shall ensure that any
999 companies issuing insurance to cover the requirements contained in this Contract agree
1000 that they shall have no recourse against CITY for payment or assessments in any form on
1001 any policy of insurance. The clauses 'Other Insurance Provisions' and 'Insured Duties in
1002 the Event of an Occurrence, Claim or Suit' as it appears in any policy of insurance in which
1003 CITY is named as an additional insured shall not apply to CITY.
1004 SECTION 23. INDEMNIFICATION OF CITY.
1005 A. CONTRACTOR shall indemnify and hold harmless CITY, CITY'S contractors,
1006 and the public officials, officers, directors, employees, agents and other contractors of
1007 each of them, from and against any and all claims, costs, losses and damages (including
1008 but not limited to all fees and charges of engineers, architects, attorneys and other
1009 professionals as well as all Court or other dispute resolution costs), liabilities, expenditures
Jolo or causes of action of any kind (including negligent, reckless, willful or intentional acts or
L.
_f
4-
r
r
F
!
01% of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 35
1011 omissions of the CONTRACTOR, any subcontractor, any supplier, any person or
1012 organization directly or indirectly employed by any of them to perform or furnish any
1013 services or anyone for whose acts any of them may be liable), arising from, relative to or
1014 caused by the performance or failure to perform the services. This indemnity includes but
1015 is not limited to claims attributable to bodily injury, sickness, disease or death and to injury
1016 or destruction of tangible property.
1017 B. CONTRACTOR further agrees to indemnify, defend, save and hold harmless
1018 the CITY, its officers, agents and employees, from all damages, liabilities, losses, claims,
loin fines and fees, and from any and all suits and actions of every name and description that
1020 may be brought against CITY, its officers, agents and employees, on account of any
1021 claims, fees, royalties, or costs for any invention or patent rights or for the infringement of
1022 any and all copyrights or patent claimed by any person, firm or corporation.
1023 C. CONTRACTOR agrees, at CONTRACTOR'S expense, after written notice
1024 from the CITY, to defend any action against the CITY that falls within the scope of this
1025 indemnity as set forth above in Subsection A. and B., or the CITY, at the CITY'S option,
1026 may elect not to tender such defense and may elect instead to secure its own attorneys to
1027 defend any such action and the reasonable costs and expenses of such attorneys incurred
1028 in defending such action shall be payable by CONTRACTOR. Additionally, if
1029 CONTRACTOR, after receipt of written notice from the CITY, fails to make any payment
1030 due under this Contract to the CITY, or fails to perform any obligation required by this
1031 Contract, CONTRACTOR shall pay any reasonable attorneys' fees and costs incurred by the
1032 CITY in securing any such payment from CONTRACTOR, or any reasonable attorneys' fees
1033 and costs incurred in the enforcement of this indemnity, or both. Payment of any amount
1034 due pursuant to the foregoing indemnity shall, after receipt of written notice by
1035 CONTRACTOR from the CITY that such amount is due, be made by CONTRACTOR prior to
1036 the CITY being required to pay same, or in the alternative, the CITY, at the CITY'S option,
1037 may make payment of an amount so due and CONTRACTOR shall promptly reimburse the
1038 CITY for same, together with interest thereon at the rate of 12% per annum simple interest
1039 from the date of receipt by CONTRACTOR of written notice from the CITY that such
1040 payment is due.
r.
I'
_f
r
Ciq'of Dania Beach, F I,
Residential Solid Waste and Recycling Collection Contract Page 36
1041 D. It is specifically understood and agreed that the consideration inuring to the
1042 CONTRACTOR for the execution of this Contract consists of the promises, payments,
1043 covenants, rights and responsibilities contained in this Contract.
1044 E. The execution of this Contract by the CONTRACTOR shall obligate the
1045 CONTRACTOR to comply with the foregoing indemnification provision; however, the
1046 collateral obligation of providing insurance must be also complied with as set forth in
1047 Section 22 above.
1048 F. The CONTRACTOR shall require all subcontractors to enter into a contract
1049 containing the provisions set forth in the preceding subsection in which contract the
1050 subcontractor fully indemnifies the CITY in accordance with this Contract.
1051 SECTION 24. BOOKS AND RECORDS
1052 A. CONTRACTOR shall maintain books, records, documents and other evidence
'3 directly pertinent to performance of work under this Contract in accordance with generally
1054 accepted accounting principles and practices. The CITY shall have access to such books,
1055 records, documents and other evidence for inspection, audit and copying during normal
1056 business hours. The CONTRACTOR will provide proper facilities for such access and
1057 inspection. Audits conducted under this Section shall observe generally accepted auditing
1058 standards and established procedures and guidelines of the CITY. The Florida Public
1059 Records Act, Chapter 119 of the Florida Statutes, may have application to records or
1060 documents pertaining to this Contract and CONTRACTOR acknowledges that such laws
1061 have possible application and agrees to comply with all such laws.
1062 B. The CONTRACTOR shall keep records of the amounts of disposal of
1063 Residential Solid Waste and Recyclable Materials Collected in the Service Area by the
1064 CONTRACTOR. Such records shall be kept separate and apart from all other records
1065 maintained by the CONTRACTOR.
1066 C. Financial schedules as specified by the CITY pertaining only to this specific
1067 Contract and Service Area shall be delivered to the CITY no later than August 15th of each
158 year during the term of this Contract.
I—
f
ft—
r
7
City of Dania[teach,FL
Residential Solid Waste and Recycling Collection Contract
Pa a 37
1069 SECTION 25. POINT OF CONTACT
1070 The day-to-day dealings between the CONTRACTOR and the CITY shall be between
1071 the CONTRACTOR and the Contract Administrator
1072 SECTION 26. NOTICE
1073 Except as provided herein, whenever either party desires to give notice to the other,
1074 it must be given by written notice, sent by certified U.S, mail, with return receipt
1075 requested, addressed to the party for whom it is intended, at the place last specified and to
1076 the place for giving of notice in compliance with the provisions of this paragraph. For the
1077 present, the parties designate the following as the respective persons and places for giving
1078 of notice:
1079 As to the CITY:
1080 Bud Palm, Utilities Director
1081 City of Dania Beach
1082 100 West Dania Beach Boulevard
1083 Dania Beach, Florida 33004
1084
1085 With a copy to:
1086 Thomas J. Ansbro, City Attorney
1087 Brinkley, McNerney, Morgan, et.al.
1088 200 East Las Olas Blvd., Suite 1800
1089 Fort Lauderdale, Florida 33301
1090
1091 As to the CONTRACTOR:
1092 Robert Hely, Vice President
1093 BFI Waste Systems of North America, Inc.
1094 2380 College Avenue
1095 Davie, Florida 33317
1096
f
2•�
r
7
i
I
r
City of Dania Beach,FL page 38
Residential Solid Waste and Recycling Collection Contract -
1097 Notices shall be effective when received at the address as specified above.
lo98 Changes in the respective address to which such notice is to be directed may be made
1099 from time-to-time by written notice. Facsimile transmission is acceptable notice, effective
tlo0 when received; however, facsimile transmissions received (i.e. printed) after 4:30 p.m. or
1101 on weekends or holidays, will be deemed received on the next business day. The original
1102 of items that are transmitted by facsimile equipment must also be mailed as required
1103 herein.
1104 SECTION 27. DEFAULT OF CONTRACT
1105 A. The CITY may cancel this Contract, except as otherwise provided below in
1106 this Section, by giving the CONTRACTOR thirty (30) days advance written notice, to be
1107 served as provided in Section 26, upon the happening of any one of the following events:
1108 1. The CONTRACTOR shall take the benefit of any present or future ~'
1 109 insolvency statute, or shall make a general assignment for the benefit of creditors, or file a
„10 voluntary petition in bankruptcy (court) or a petition or answer seeking an arrangement for
1111 its reorganization or the readjustment of its indebtedness under the Federal bankruptcy
1112 laws or under any other law or statute of the United States or any state thereof, or consent
1113 to the appointment of a receiver, trustee or liquidator of all or substantially all of its
1114 property; or
1115 2. By order or decree of a Court, the CONTRACTOR shall be adjudged
1116 bankrupt or an order shall be made approving a petition filed by any of its creditors or by
1117 any of the stockholders of the CONTRACTOR, seeking its reorganization or the
1118 readjustment of its indebtedness under the Federal bankruptcy laws or under any law or
1119 statute of the United States or of any state thereof, provided that if any such judgment or
1120 order is stayed or vacated within sixty (60) days after the entry thereof, any notice of
1121 default shall be and become null, void and of no effect; unless such stayed judgment or
1122 order is reinstated, in which case, said default shall be deemed immediate; or
1123 3. By, or pursuant to, or under the authority of any legislative act,
1124 resolution or rule or any order or decree of any Court or governmental board, agency or
..25 officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control
i.
>
-r
City of Dania Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 39
1126 of all or substantially all of the property of the CONTRACTOR, and such possession or
1127 control shall continue in effect for a period of sixty (60) days; or
1128 4. The CONTRACTOR has defaulted, by failing or refusing to pay in a
1129 timely manner the administrative charges or other monies due the CITY and said default is
1130 not cured within thirty (30) days of receipt of written notice by CITY to do so; or
1131 5. The CONTRACTOR has defaulted by allowing any final judgment for
1132 the payment of money to stand against it unsatisfied and said default is not cured within
1133 thirty (30) days of receipt of written notice by CITY to do so; or
1134 6. In the event that the monies due the CITY under subsection (4) above
1135 or an unsatisfied final judgment under subsection (5) above is the subject of a judicial
1136 proceeding, the CONTRACTOR shall not be in default if the sum of money is bonded. All
1137 bonds shall be in the form acceptable to the CITY Attorney; or
1138 7. The CONTRACTOR has defaulted, by failing or refusing to perform or
1139 observe the terms, conditions or covenants in this Contract or any of the rules and
1140 regulations promulgated by the CITY pursuant thereto or has wrongfully failed or refused to
1141 comply with the instructions of the Contract Administrator relative thereto and said default
1142 is not cured within thirty (30) days of receipt of written notice by the CITY to do so, or if
1143 by reason of the nature of such default, the same cannot be remedied within thirty (30)
1144 days following receipt by the CONTRACTOR of written demand from the CITY to do so,
1145 the CONTRACTOR fails to commence the remedy of such default within said thirty (30)
1146 days following such written notice or having so commenced shall fail thereafter to continue
1147 with diligence the curing thereof (with the CONTRACTOR having the burden of proof to
1148 demonstrate (a) that the default cannot be cured within thirty (30) days, and (b) that it is
1149 proceeding with diligence to cure said default, and such default will be cured within a
1150 reasonable period of time). However, notwithstanding anything contained herein to the
1151 contrary, for the failure of the CONTRACTOR to provide Collection services for a period of
1152 three (3) consecutive Work Days, the CITY may secure the CONTRACTOR'S billing records
1153 on the fourth (4th) Work Day in order to provide interim Contract Collection services until
1154 such time as the matter is resolved and the CONTRACTOR is again able to perform
1155 pursuant to this Contract; provided, however, if the CONTRACTOR is unable for any reason
f
h -
r
Y
City of Dania Beach.FL
Residential Solid Waste and Recycling Collection Contract Page 40
1156 or cause to resume performance at the end of thirty (30) Work Days all liability of the CITY
1157 under this Contract to the CONTRACTOR shall cease and this Contract may be deemed
1158 terminated by the CITY.
1159 B. Notwithstanding the foregoing and as supplemental and additional means of
1160 termination of this Contract under this Section, in the event that the CONTRACTOR'S
1161 record of performance shows that the CONTRACTOR has frequently, regularly or
1162 repetitively defaulted in the performance of any of the covenants and conditions required
1163 herein to be kept and performed by the CONTRACTOR, in the opinion of the CITY, and
1164 regardless of whether the CONTRACTOR has corrected each individual condition of default,
1165 the CONTRACTOR shall be deemed a "habitual violator", shall be deemed to have waived
1166 the right to any further notice or grace period to correct, and all of said defaults shall be
1167 considered cumulative and collectively and shall constitute a condition of irredeemable
1168 default. The CITY shall thereupon issue the CONTRACTOR a final warning citing the
1169 circumstances therefor, and any single default by the CONTRACTOR of whatever nature,
0 subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for
1171 immediate termination of the Contract. In the event of any such subsequent default, the
1172 CITY may terminate this Contract upon giving of written final notice to the CONTRACTOR,
1173 such cancellation to be effective upon the date specified in the CITY'S written notice to the
1174 CONTRACTOR, and all contractual fees due hereunder plus any and all charges and interest
1175 shall be payable to said date, and the CONTRACTOR shall have no further rights hereunder.
1176 Immediately upon the specified date in such final notice the CONTRACTOR shall cease any
1177 further performance under this Contract.
1178 C. In the event of the aforesaid events specified in subsections A. and B. above
1179 and except as otherwise provided in said subsections, termination shall be effective upon
1180 the date specified in the CITY'S written notice to the CONTRACTOR and upon said date
1181 this Contract shall be deemed immediately terminated and upon such termination all liability
1182 of the CITY under this Contract to the CONTRACTOR shall cease, and the CITY shall have
1183 the right to call the performance bond and shall be free to negotiate with other contractors
1184 for the operation of the herein specified services. The CONTRACTOR, for failure to
r
7
P
Cih of Dania Reach,FI,
Residential Waste and Recycling Collection Contract
Pa a 41
1185 perform, shall reimburse the CITY all direct and indirect costs of providing interim
1136 Residential Solid Waste and Recycling Collection Services.
1187 SECTION 28, MODIFICATIONS TO THE CONTRACT
1188 The CITY shall have the power to make changes in this Contract as the result of
1189 changes in law, Chapter 13, Article IV of the Dania Beach City Code, or both to impose
1190 new rules and regulations on the CONTRACTOR under this Contract relative to the scope
1191 and methods of providing Residential Solid Waste Collection Services or Residential
1192 Recycling Collection Services as shall from time-to-time be necessary and desirable for the
1193 public welfare. The CITY shall give the CONTRACTOR notice of any proposed change and
1194 an opportunity to be heard concerning those matters. The scope and method of providing
1195 Residential Solid Waste Collection Services or Residential Recycling Collection Services as
1196 referenced herein shall also be liberally construed to include, but they are not limited to, the
1197 manner, procedures, operations and obligations, financial or otherwise, of the
1198 CONTRACTOR.
1199 The CITY and the CONTRACTOR understand and agree that the Florida Legislature
1200 has the authority to make comprehensive changes in Solid Waste Management legislation
1201 and that these and other changes in law in the future which mandate certain actions or
1202 programs for counties or municipalities may require changes or modifications in some of the
1203 terms, conditions or obligations under this Contract. The CONTRACTOR agrees that the
1204 terms and provisions of Chapter 13, Article IV of the City Code of Dania Beach, as it now
1205 exists or as it may be amended in the future, shall apply to all of the provisions of this
1206 Contract and the customers of the CONTRACTOR located within the Service Area. In the
1207 event any future change in the City Code materially alters the obligations of the
1208 CONTRACTOR, then the Collection charges established in the Exhibits to this Contract
1209 shall be adjusted. Nothing contained in this Contract shall require any party to perform any
1210 act or function contrary to law. The CITY and CONTRACTOR agree to enter into good
1211 faith negotiations regarding modifications to this Contract which may be required in order
1212 to implement changes in the interest of the public welfare or due to change in law. When
1213 such modifications are made to this Contract, the CITY and the CONTRACTOR shall
f
-r
r
(ItY of Dania Reach,Ft,
Residential Solid Waste and Recycling Collection Contract
Pa a 42
1214 negotiate in good faith a reasonable and appropriate compensation adjustment for any
1215 increase or decrease in the services or other obligations required of the CONTRACTOR due
1216 to any modification in the Contract under this Section. The CITY and the CONTRACTOR
1217 shall not unreasonably withhold agreement to such compensation adjustment.
121S SECTION 29. INDEPENDENCE OF CONTRACT
1219 It is understood and agreed that nothing herein contained is intended or should be
1220 construed as in any way establishing the relationship of co-partners or a joint venture
1221 between the parties hereto or as constituting the CONTRACTOR as an agent,
1222 representative or employee of the CITY for any purpose whatsoever. The CONTRACTOR is
1223 to be, and shall remain, an independent contractor with respect to all services performed
1224 under this Contract.
1225 SECTION 30. EMPLOYEE STATUS
46 Persons employed by the CONTRACTOR in the
services and
1227 functions pursuant to this Contract shall have no claim to pension, workers'nce fcompensation,
1225 unemployment compensation, civil service or other employee rights or privileges granted to
1229 the CITY'S officers and employees either by operation of law or by the CITY.
1230 SECTION 31. EQUAL OPPORTUNITY EMPLOYMENT
1231 CONTRACTOR shall comply with all federal, state and CITY laws applicable to the
1232 CONTRACTOR services and specifically those covering Equal Opportunity Employment, the
1233 Americans With Disabilities Act ("ADA") and the South Florida Building Cade. The
1234 CONTRACTOR is expected to fully comply with all provisions of all laws and the CITY
1235 reserves the right to verify the CONTRACTOR'S compliance with them. Failure to comply
1236 with any laws will be grounds for termination of the Contract for cause.
1237 SECTION 32. MEDIATION
1238 In addition to any other remedy
provided s
9 arbitration or mediation to resolve any contrro eyarisingC
or clam out of or relating to this
-r
Citv of Dania Reach,FL
Residential Solid Waste and Recycling Collection Contract Page 43
1240 Contract. Any controversy or claim arising out of or relating to this Contract, or breach
1241 thereof, may be settled by arbitration in accordance with the rules of the American
1242 Arbitration Association and judgment upon the award rendered by the arbitrators may be
1243 entered in any court having jurisdiction thereof. In the event arbitration is agreed to by
1244 both parties in writing, such controversy or claim shall be submitted to arbitrators selected
1245 from the National Panel of The American Arbitration Association.
1246 SECTION 33. RIGHT TO REQUIRE PERFORMANCE
1247 The failure of the CITY at any time to require performance by the CONTRACTOR of
1248 any provision hereof shall in no way affect the right of the CITY thereafter to enforce
1249 same. Nor shall waiver by the CITY of any breach of any provision hereof be taken or held
1250 to be a waiver of any succeeding breach of such provision or as a waiver of any provision
1251 itself.
O
1252 SECTION 34. GOVERNING LAW
1253 The parties agree that this Contract shall be construed in accordance with and
1254 governed by the laws of the State of Florida.
1255 SECTION 35. CONSENT TO JURISDICTION
1256 The parties agree that the jurisdiction for any legal action arising out of or pertaining
1257 to this Contract shall be the Circuit Court for the Seventeenth Judicial Circuit in and for
1258 Broward County, Florida, or the Federal District Court in the Southern District of the United
1259 States. Each party further agrees that venue of any action to enforce this Contract shall be
1260 in Broward County, Florida.
1261 SECTION 36. LITIGATION
1262 In the event of any litigation which arises out of, pertains to, or relates to this
1263 Contract, or the breach of it, or the standard of performance required in it, the prevailing
1264 party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party in
1265 accordance with the limitations below:
r
I, -f
I
I
I>
I
City of Dania Reach,FL page 44
Residential Solid Waste and Recycling Collection Contract
1266 A. In cases where compensatory damages are sought, and where the prevailing
1267 party is awarded compensatory damages from the non-prevailing party, the amount of
1268 attorneys' fees shall not exceed the amount of compensatory damages. No attorneys' fees
1269 shall be recoverable by a prevailing party in the absence of an award of compensatory
127o damages, other than nominal damages. If no such compensatory damages are awarded,
1271 the party succeeding in its defense is entitled to reasonable attorneys' fees for the defense
1272 against the non-prevailing party's claim, which shall not exceed the amount demanded by
1273 the plaintiff in any pleading or correspondence either before or after filing of the lawsuit.
1274 B. In cases where compensatory damages are not sought (such as, but not limited
1275 to, cases for injunctive, declaratory, equitable relief or specific performance) the prevailing
1276 party's recovery of attorneys' fees shall not exceed $50,000.00, including all attorneys'
1277 fees incurred as a result of any and all appellate proceedings.
's SECTION 37. COMPLIANCE WITH LAWS
1279 The CONTRACTOR shall conduct its operations under this Contract in compliance
1280 with all applicable Federal, State and local laws and regulations.
1281 SECTION 38. SEVERABILITY
1282 If any provision of this Contract or the application of it to any person or situation
1283 shall to any extent be held invalid or unenforceable, the remainder of this Contract and the
1284 application of such provisions to persons or situations other than those as to which it shall
1285 have been held invalid or unenforceable, shall not be affected, shall continue in full force
12S6 and effect, and shall be enforced to the fullest extent permitted by law.
1287 SECTION 39. ASSIGNMENT AND SUBLETTING
1288 No assignment of this Contract or any right occurring under this Contract shall be
1289 made in whole or in part by the CONTRACTOR without the express written consent of the
1290 City Commission. The CITY shall have full discretion to approve or deny, with or without
'1 cause, any proposed or actual assignment by the CONTRACTOR. Any assignment of this
f
i
r
_i
i
City of Nola Beach,FL
Residential Solid Waste and Recycling Collection Contract Page 45
1292 Contract made by the CONTRACTOR without the express written consent of the City i
1293 Commission shall be null and void and shall be grounds for the CITY to declare a default of
1294 this Contract and immediately terminate this Contract by giving written notice to the
1295 CONTRACTOR, and upon the date of such notice this Contract shall be deemed
1296 immediately terminated, and upon such termination all liability of the CITY under this
1297 Contract to the CONTRACTOR shall cease, and the CITY shall have the right to call the
1298 performance bond and shall be free to negotiate with other contractors, the CONTRACTOR,
1299 or any other person or company for the service which is the subject of this Contract. In
1300 the event of any assignment, the assignee shall fully assume all the liabilities of the
1301 CONTRACTOR.
1302 SECTION 40. MODIFICATION
1303 This Contract constitutes the entire Contract and understanding between the parties
1304 hereto, and it shall not be considered modified, altered, changed or amended in any respect
1305 unless in writing and signed by the parties hereto.
1306 SECTION 41. LEGAL REPRESENTATION
1307 It is acknowledged that each party was, or had the opportunity to be, represented
1308 by counsel in the preparation of and contributed equally to the terms and conditions of this
1309 Contract and, accordingly, the rule that a contract shall be interpreted strictly against the
1310 party preparing the same shall not apply herein due to the joint contributions of both
1311 parties.
1312 SECTION 42. FUND APPROPRIATION
1313 The CONTRACTOR understands and agrees that the CITY, during any fiscal year, is
1314 not authorized to expend money, incur any liability or enter into any contract which, by its
1315 terms, involves the expenditure of money in excess of the amounts budgeted as available
1316 for expenditure during such fiscal year and that any contract, verbal or written, made in
1317 violation of this subsection is null and void and that consequently, no money may be paid
1318 on such contract beyond such limits. Nothing contained in this Contract shall prevent the
_f
7
City of Dania Beach.FL
Residential Solid Waste and Recycling Collection Contract
Pa a 46
1319 making of contracts for periods exceeding one (1) year, but any contract so made shall be
1320 executory only for the value of the services to be rendered or agreed to be paid for in
1321 succeeding fiscal years. CONTRACTOR shall not proceed with services under this Contract
1322 without CITY'S written verification that the funds necessary for CONTRACTOR'S
1323 compensation and other necessary expenditures are budgeted as available within the
1324 appropriate fiscal year budget.
1325 The CITY does not represent that said budget item will be actually adopted, said
1326 determination being the determination of the City Commission at the time of the adoption
1327 of the budget.
1328 SECTION 43. PUBLIC ENTITY CRIME
1329 CONTRACTOR understands that a person or affiliate as defined in Section 287.133,
1330 Florida Statutes, who has been placed on the convicted vendor list maintained by the
1331 Florida Department of Management Services following a conviction for a public entity
2 crime, may not submit a bid on a contract to provide any goods or services to the CITY and
1333 may not transact business with the CITY in an amount set forth in Section 287.017,
1334 Florida Statutes, for Category Two for a period of thirty-six (36) months from the date of
1335 being placed on the convicted vendor list. CONTRACTOR herein certifies that it is qualified
1336 under Section 287.133, Florida Statutes, to provide the services set forth in this Contract
1337 for Residential Solid Waste and Recycling Collection Services.
1338 SECTION 44. FINA N_ CIAL INTEREST
1339 CONTRACTOR warrants and represents that no elected official, officer, agent or
1340 employee of the CITY has a financial interest, directly or indirectly, in this Contract or the
1341 compensation to be paid under it and, further, that no CITY employee who acts in the CITY
1342 as a "purchasing agent" as defined in Chapter 112, Florida Statutes
1343 appointed officer of the CITY , nor any elected or
, nor any spouse or child of such purchasing agent, employee
1344 or elected or appointed officer, is a partner, officer, director or proprietor of the
1345 CONTRACTOR and, further, that no such CITY employee, purchasing agent, CITY elected
6 or appointed officer, or the spouse or child of any of them, alone or in combination, has a
t-
f
a�
r.
-f
City of Dania Beach,F1,
Residential Solid Waste and Recycling Collection Contract Page 47
1347 material interest in the CONTRACTOR. Material interest means direct or indirect ownership
1348 of more than five percent (5%) of the total assets or capital stock of the CONTRACTOR.
1349 SECTION 45, ALL PRIOR AGREEMENTS SUPERSEDED
1350 This document incorporates and includes all prior negotiations, correspondence,
1351 conversations, agreements and understandings applicable to the matters contained in this
1352 Contract and the parties agree that there are no commitments, agreements or
1353 understandings concerning the subject matter of this Contract that are not contained in this
1354 document. Accordingly, it is agreed that no deviation from the terms of this Contract shall
1355 be predicated upon any prior representations or agreements, whether oral or written.
1356 SECTION 46. HEADINGS
1357 Headings in this document are for convenience of reference only and are not to be
1358 considered in any interpretation of this Contract.
1359 SECTION 47. EXHIBITS
1360 Each exhibit referred to in this Contract forms an essential part of this Contract.
1361 Each such exhibit is a part of this Contract and each is incorporated by this reference.
1362 SECTION 48. EFFECTIVE DATE
1363 This Contract shall become effective October 1, 1999 and the CONTRACTOR shall
1364 begin Residential Solid Waste Collection Services and Residential Recycling Collection
1365 Services, as covered herein, as of this date.
L ..
L .�
r
Citp of Dania Reach, FI.
Residential Solid Waste and Recycling Collection Contract Page 48
1366 IN WITNESS WHEREOF, the CITY and the CONTRACTOR have executed this Contract on
1367 the respective date(s) below each signature.
1368
1369 CITY:
1370
1371 CITY OF.gMZ, FLORIDA
1372 A m lcipal co
1373
1374 ATTEST: BY:
1375 p - JOHN BERTINO
1376 ?.� � C MAYOR-COMMISSIONER
1377 -SHERYL Q APMAN
1378 ACTING CITY CLERK
1379 Date: ' " / /
1380 �• ,., '
1381 Date:
1382
1383
1384
1385 Approved as to form
1386 and correctn s:
'7
08
1389 THOMAIt J. AN BRO AONTRACTOR:
TH
1390 CITY ATTORNEY
1391
1392 Date: �v �)<1
1393
1394
1395 BFI WASTE SYSTEMS OF
1396 NORTH AMERICA, INC., a Delaware
1397 corporation authorized to do business
1398 in the State of Florida
1399
1400
1401 WITN S : BY:
1402
1403 Tltl _ ,�t3iQiG�T/�if�✓itGF�l�
1404
� 1405 � Date:
\1406
hy07 / 9�
1408 Date: /l—,;2
1409 \
1410 lS:\WPFILES\CLIENTS\DANIA\UTILITIES 8 PUBLIC WORKS\SOLID WASTE\BFI CONTRACT MSW-Iap10/25/99.doc
L �
r,
"f
l�
City of Dania Beach, Florida
Cost ProPosai Set 1 - Form I
for
Residential Solid Waste and Recycling Collection Services'
Alternative 1 - Disposal of Residential Waste at Reuter Recycling of Florida, lnc. Facility
Basic Service Plan - No Annual Collection Rate Adjustment
Estimated Residential Solid Waste Service Units (For
informational Pur oses Onlyl 5,640
-- 5,640 5,640 5,640
Residential
Residential
Rollout Bulk Waste Recycling
Collection Collection Collection I
Service Service Service I
Total +
Collection Element:
Monthly Unit Collection Rate $ n
Initial ContainerlBin Element:
(A) Monthly Unit Rall-cut Garbage Container Rate • '
s I• I !o ( I�(A) Monthly UnitRecycling Bin Rate $
$ . I D $ 3
Container/Bin Repair and Replacement(R&R)Element:
(B) Monthly Unit Roll-cul Garbage Container R P.R Rate $ l p
(B) Monthly Unit Recycling Bin Replacement Rate $ )
Disposal Element:
(C) Monthly Unit Residential Waste Generation Factor(Tons) I 0 59
(C) Monthly Unit Bulk Waste Generation Factor(Tons)
02I /
(D) Tipping Fee
$ to 6.4 41• .
Reuter Recycling of Florida,Inc.
20701 Pembroke Road
Pembroke Pines,FL
(D) Monthly Unit Disposal Rate $ 7.O 4
$ ( 4I
$ e.48
Total Monthly Rate per Residential Solid Waste Service Unit
$ 15.58 $ I •q4 $ I .t(s $ IS•97
Option 1: . ...
Contractor retains all recycling program revenues.
Change In Residential Recycling Monthly Unit Collection Rate.
$ .ir0 $
(A) This figure represents the monthly rate per unit for providing the initial containers to the service units.
(B) This figure represents the monthly rate per unit for providing container repair and replacement service to the service units.
(C) The Generation Factors represent the amount or each item,in tons,"ch the proposer has used in calculating the Monthly Unit Disposal Rate
(D) The Manlhly Unrt D,sposal Rate most be calculated by multiplying each Monthly Generation Factor by the proposed Tipping Fee per ton and entering the
result in the appropriate column
EXHIBIT l
4-
I
r
7
/ City of Dania Beach, =ad
Cost Proposal F
for
Residential Solid Waste and Recyclin
Roll-out Garbage Container, and Recycling B
Roll out Garbage Container:
Unit Price: Optionl �8,0� Option 2: +F�.°C
Manufacturer: E H RIc; _ ppu,�Ic 0 j7o Z9�Lu To fZ a 2 E uA L
Model: SICO n�)
Description (size color, material, efc.):
�! 6 C A-1 Lo N o L.L- c u i
of choice C.
Rec cling Bin
Unit Price: Option 1: 5 rye c-
So .\
Option 2:
Manufacturer: EH&I t(-
Model: C-
Descri Lion size, color, material, etc.
f8 ALLON LY �O 9ir-cgc LJA* (oln
t_.o Log. E C t 1 Option 1:1:No annual adjustment In replacement cost.
Option 2:Refuse Rate Index utilized for annual adjustment In replacement cost.
EXHIBIT 2
f
-r
l
�C)tyof, Dania'Bddeh, 'Florlda
I���cttln Eq'uipr eh011,
t� Re 'p"orting' Firm'
i .�I ill
ylhd�i�/a�ltl_='ar ir�,i!I� I��nullI •'li� � li�i�h ail !i�li I�I I� i I
�illii li.l. gill � i i vi •.I. ilai l
Page of
Capacity Vehicle License Purpose
Make Model Cubic Yards Year Number Number 1
0 o S L
o ci
7 b 9 e
to
D 8
H
H
w
I
(1)Use the folllowing letters to indicate any and all purposes that each vehicle will be used for.
A.Residential Rollout Collection Service C.Residential Recycling Collection Service E. Reserve Equipment
B. Bulk Waste Collection Service D.Supervisors Equipment
d-
l
r
r
1
City of Dania each, Florida
Emergency Service Rate Fora
for
Residential Solid Waste and Recycling Collection o
ction Services
Pa
Labor Position or E ui m Make and Model HourlyRate
ent T e
STu�a 4 lGo '�
�2 1�uCK w j VI) Ew 140•0�
c
M r'�' 5
H1 EiV
vh Fpu
oLl t=t C.�w I ry e S w (2.ur-
A h b 1 w.PITJ To n l D V VV
w�`i l� UQr_rLA-a�2 VA u w 1D v M - F�2-i rT� +� 160.a+
3o6c4-1 185.
h Si_k u 2�
4 N �
\bA3e'O v on 1�,h �viwuw�
�i IJ�s �s f3- KR-1t's IVd IfvC�N
<<. Rice. ini�>tc"&
EXHIBIT 4
L.
f
L
r,
�1
o an la eac 7 orl a
Respi.f� e�ti'alrRecyclin` Reporting Form
-
�� :;Residenial�Solld Waste and Reycling Collection Services,.
Month Of:
Residential Units Commodity Information
Total Houses Percentage
Houses Collected Collected Newsprint Aluminum Glass Metal Plastic Total
Weight
Week 1 % of Total
H
Weight
H Week 2 % of Total
N
Weight
Week 3 % of Total
Weight
Week 4 % of Total
Weight
Week 5 % of Total
Weight
Total % of Total
Please list routes (and neighborhood names or descriptions)which have a percentage collected rate of less than 50%.
I
j
l'"