ORDINANCE NO.: 2432 AN ORDINANCE OF THE CITY OF PLANTATION PERTAINING TO THE SUBJECT OF ENVIRONMENTAL CONTROL; APPROVING A MODIFICATION AND EXTENSION OF THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF PLANTATION AND WASTE MANAGEMENT INC. OF FLORIDA FOR: (1) THE COLLECTION AND DISPOSAL OF SOLID WASTE (EXCLUDING CONSTRUCTION AND DEMOLITION DEBRIS) WITHIN PLANTATION, AND (2) THE COLLECTION AND PROVISION OF SERVICES WITH RESPECT TO CERTAIN RECOVERED MATERIALS GENERATED BY RESIDENTIAL SITES WITHIN PLANTATION; APPROVING THE TERMS OF A FRANCHISE AGREEMENT WHICH WILL EXPIRE ON SEPTEMBER 30, 2013, AND WHICH WILL BE SUBJECT TO ONE, TWO YEAR EXTENSION ONLY IF BOTH PARTIES AGREE; AUTHORIZING. THE APPROPRIATE OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT; AMENDING THE CODE OF ORDINANCES TO PROPERLY REFERENCE SUCH FRANCHISE AGREEMENT; MAKING OTHER PROVISIONS APPROPRIATE TO IMPLEMENT THE FOREGOING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFOR. WHEREAS, the City and Waste Management, Inc. of Florida have decided to extend and modify Waste Management, Inc. of Florida's franchise to: (1) collect and dispose of solid waste within Plantation (except for construction and demolition debris), and (2) collect and provide certain services with respect to recovered materials generated by residential sites within Plantation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLANTATION, FLORIDA, THAT: SECTION 1: Sec. 10-7 of the Plantation City Code is hereby amended to read as follows: "Sec. 10-7. Franchise agreement with Waste Management, Inc. A Franchise Agreement has been entered into whereunder the City has exclusively franchised, licensed, and permitted Waste Management, Inc., of Florida to: (1) collect and dispose of solid waste within Plantation (except for construction and demolition debris), and (2) collect and provide ce1iain services with respect to recovered materials generated by residential sites within Plantation. The Franchise Agreement sets forth the charges to be made for such
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ORDINANCE NO.: 2432
AN ORDINANCE OF THE CITY OF PLANTATION PERTAINING TO THE SUBJECT OF ENVIRONMENTAL CONTROL; APPROVING A MODIFICATION AND EXTENSION OF THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF PLANTATION AND WASTE MANAGEMENT INC. OF FLORIDA FOR: (1) THE COLLECTION AND DISPOSAL OF SOLID WASTE (EXCLUDING CONSTRUCTION AND DEMOLITION DEBRIS) WITHIN PLANTATION, AND (2) THE COLLECTION AND PROVISION OF SERVICES WITH RESPECT TO CERTAIN RECOVERED MATERIALS GENERATED BY RESIDENTIAL SITES WITHIN PLANTATION; APPROVING THE TERMS OF A FRANCHISE AGREEMENT WHICH WILL EXPIRE ON SEPTEMBER 30, 2013, AND WHICH WILL BE SUBJECT TO ONE, TWO YEAR EXTENSION ONLY IF BOTH PARTIES AGREE; AUTHORIZING. THE APPROPRIATE OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT; AMENDING THE CODE OF ORDINANCES TO PROPERLY REFERENCE SUCH FRANCHISE AGREEMENT; MAKING OTHER PROVISIONS APPROPRIATE TO IMPLEMENT THE FOREGOING; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFOR.
WHEREAS, the City and Waste Management, Inc. of Florida have decided to extend and modify Waste Management, Inc. of Florida's franchise to: (1) collect and dispose of solid waste within Plantation (except for construction and demolition debris), and (2) collect and provide certain services with respect to recovered materials generated by residential sites within Plantation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLANTATION, FLORIDA, THAT:
SECTION 1: Sec. 10-7 of the Plantation City Code is hereby amended to read as follows:
"Sec. 10-7. Franchise agreement with Waste Management, Inc.
A Franchise Agreement has been entered into whereunder the City has exclusively franchised, licensed, and permitted Waste Management, Inc., of Florida to: (1) collect and dispose of solid waste within Plantation (except for construction and demolition debris), and (2) collect and provide ce1iain services with respect to recovered materials generated by residential sites within Plantation. The Franchise Agreement sets forth the charges to be made for such
services, the amounts to be paid the City for such franchise, and other matters. Subject to the Agreement's termination provisions, it shall remain in effect until September 30, 2013, at which time it will be subject to one, two (2) year extension privilege unless either the Franchisee or City elects not to so extend. Copies of the Franchise Agreement are available for review and inspection with the City Clerk."
SECTION 2: The draft Franchise Agreement attached hereto as Composite Exhibit "l" is approved, and the appropriate officials are herewith authorized to finalize and execute same. The Administration and Legal Departments are authorized to make changes to the Agreement prior to the execution of the Agreement.
SECTION 3: The effective date of the Composite Exhibit "1" Agreement and this Ordinance shall be October I, 2009.
SECTION 4: Should any section, paragraph, sentence, clause, phrase or other patt of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Ordinance as. a whole or any portion or patt thereof, other than the part so declared to be invalid.
PASSED ON FIRST READING by the City Council this 26th day of August 2009.
PASSED AND ADOPTED ON SECOND READING by the City Council this 30th day of September , 2009.
AN ORDINANCE OF TIIE CITY OF PLANTATION PERTAINING TO THE SUBJECT OF ENVIRONMENTAL CONTROL; APPROVING A MODIFICATION AND EXTENSION OF THE EXCLUSIVE FRANCHISE AGREEMENT BETWEEN THE CITY OF PLANTATION AND WASTE MANAGEMENT INC. OF FLORIDA FOR: (!) THE COLLECTION AND DISPOSAL OF SOLID WASTE (EXCLUDING CONSTRUCTION AND DEMOLITION DEBRIS) WITHIN PLANTATION, AND (2) THE COLLECTION AND PROVISION OF SERVICES WITH RESPECT TO CERTAIN RECOVERED MATERIALS GENERATED BY RESIDENTIAL SITES WITHIN PLANTATION; APPROVING THE TERMS OF A FRANCHISE AGREEMENT WHICH WILL EXPIRE ON SEPTEMBER 30, 2009, AND WHICH WILL BE SUBJECT TO ONE, TWO YEAR EXTENSION ONLY IF BOTH PARTIES AGREE; AUTHORIZING TIIE APPROPRIATE OFFICIALS TO EXECUTE A FRANCHISE AGREEMENT; AMENDING THE CODE OF ORDINANCES TO PROPERLY REFERENCE SUCH FRANCHISE AGREEMENT; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE THEREFOR
I. SPECIAL INSTRUCTIONS
See letter to City Clerk regarding specific instructions for this Ordinance.
II. CITY COUNCIL MEETING A. Statutory Advertising:
x Small advertisement; 1 time, 10 days prior to adoption
Big advertisement' \vithout tnap (change use list regardless of\vho initiates): 2 times; at least 7 days before P1 hearing, and at least S days before 2nd hearing, with 2nd hearing at least 10 days after is1 hearing
Big advertisement' plus map (City initiated zoning reclassification): 2 times; at least 7 days before 1s1 hearing, and at least 5 days before 2nd hearing, with znd hearing at least 10 days after 1st hearing
Mail notice pursuant to §166.041(3)(c)l, Fla. Stat. (2000) (when City initiates zoning reclassification for land less than 10 contiguous acres in size) at least 30 days prior to the date of the hearing
B. Plantation City Code Advertising
Post agenda outside City Hall at least 3 business days before the hearing.
Donald J. Lunny, Jr. 8/19/09 Attorney OK (date)
1 "Ri? ndvP.rtismnent" = 2 new.~nnrw.r columns in width hv 10" lonp: headline in IR nt tvne: and not nlnr.ed where IP.Pal noticP..<r 11s11nllv annear.
Plantation the grass is greener"'
CITY OF PLANTATION
FRANCHISE AGREEMENT
FOR
COLLECTION AND DISPOSAL
OF
SOLID WASTE
WITH
WASTE MANAGEMENT INC. OF FLORIDA
(Approved by Ordinance No. 2432) .
INDEX
1. EXCLUSIVE RlGHT ......................................................................................................... 1 2. TERM ......................................................................................... : ....................................... 1 3. SERVICE ............................................................................................................................ 2
A. Residential ............................................................................................................. 2 B. Commercial ........................................................................................................... 2
4. HOURS ............................................................................................................................... 3 A. Residential ............................................................................................................. 3 B. Commercial ........................................................................................................... 3
5.. RESIDENTIAL SPILLAGE AND LITTER ...................................................................... 3 6. APPROVED CONTAINER ............................................................................................... 3 7. SPECIAL MATERIALS .................................................................................................... 4
A. Construction, Demolition And Renovation Debris ................................................. 4 B. Special Waste .......................................................................................................... 4
A. Non-Accessible Locations ...................................................................................... 8 B. Disposal Fees .......................................................................................................... 9
13. LOCATION ........................................................................................................................ 9 14. ADJUSTMENT OF CHARGES ......................................................................................... 9
A. Residential.. ........................................................................................................... 12 B. Commercial ........................................................................................................... 14 C. Rate Adjustment.. .................................................................................................. 14 D. Franchise Fee ........................................................................................................ 15 E. Billing Transition ....................... : .......................................................................... 15 F. Post Franchise Collections .................................................................................... 16
A. General. ............................................... , ................................................................ 23 B. Definitions ............................................................................................................ 24 C. Scope of Services ................................................................................................. 25 D. Contract Administrator ...................................................................................... 27 E. Time of Collection ............................................................................................... 27
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F. Ownership and transportation of Recyclable Materials ................................ 27 G; Labor and Costs .................................................................................................. 27 H. Missed Pick-up .................................................................................................... 28 I. Refusal to Pick-up ............................................................................................... 28 J. Compensation for Services ................................................................................. 28
25. TERMINATION ............................................................................................................... 29 A. Bankruptcy ............................................................................................................ 29 B. Temporary Termination ........................................................................................ 29 C. Strikes ................................................................................................................... 29 D. Failure to Correct Complaints or Violations of this Agreement ........................... 30
26. ARBITRATION ............................................................................................................... 32 27. RIGHT TO REQUIRE PERFORMANCE ....................................................................... 33 28. LAW TO GOVERN ......................................................................................................... 33 29. COMPLIANCE WITH LAWS ......................................................................................... 33 30. ILLEGAL PROVISIONS ................................................................................................. 33 31. PERMITS AND LICENSES ............................................................................................ 33 32. PERFORMANCE BOND ................................................................................................. 33 33. WORKMEN'S COMPENSATION INSURANCE .......................................................... 34 34. LIABILITY INSURANCE., ............................................................................................. 34 35. INDEMNITY .................................................................................................................... 34
A. General Indenmification ....................................................................................... 34 B. Rate Indemnification ............................................ : ................................................ 35 C. Special Indenmification ................................................. : ...................................... 36 D. Sm-viva! of Indemnities ......................................................................................... 36
36. ASSIGNMENT AND SUB-LETTING ............................................................................ 37 37. BOOKS AND RECORDS ................................................................................................ 37 38. POINT OF CONTACT ................................................. ; ................................................... 37 39. NOTICE ............................................................................................................................ 38 40. FRANCHISORS USE OF REVENUE ............................................................................. 38 41. SPECIAL CLEANUPS ..................................................................................................... 38 42. MODIFICATION ............................................................................................................. 39 43. RELOCATION OF CONTRACTOR'S BUSINESS OFFICE ........................................ 39 44. COST RECOVERY .......................................................................................................... 39 45. PRICING COMPARISON ............................................................................................... 40 46. HURRICANE/DISASTER CLEAN UP ........................................................................... 40 47. ENFORCEMENT OF AGREEMENT BY CONTRACTOR .......................................... 40 48. MISCELLANEOUS ......................................................................................................... 41
A. Waiver .................................................................................................................. 41 B. Titles of Sections .................................................................................................. 41 C. Successors and Assigns .............................................. : ....................................... 41 D. Preparation and Construction .......................................................................... 41 E. Contractor's Municipal Contribution ............................................................... 41 F. Effective Date ...................................................................................................... 42 G. Force Majeure ..................................................................................................... 42
EXHIBIT "A" .............................................................................................................................. 44 EXHIBIT "B" .............................................................................................................................. 46
mixed paper, aseptic beverage containers. The Materials Recovery Facility has notified the
Contractor and the City that it will soon collect magazines, catalogues, phone books, junk mail,
office paper, and "chipboard" (i.e. cereal boxes). Additionally, the Contractor shall collect those
other materials as may be designated as program recyclables in the contract between Broward
County and the operator of the MRF. City and Contractor aclmowledge that should the
designated Materials Recovery Facility cease accepting one or more Recyclable Materials then
the City's approved list shall be amended to delete that Recyclable Material (s).
The area !mown as "Plantation Acres", "Melaleuca Isles" and "Hawks Landing"
(excluding trailer parks) shall be allowed one 18 gallon Recycling Bin, as described in Exhibit
"C", for once a week pickup on a regular gaxbage collection day designated by the Contractor
and placed by the resident within five (5) feet of the road beside the toter caii for pick-up on the
same day. Those residents receiving back door service shall place the Recycling Bin within five
(5) feet of the road unless their disability prevents roadside placement.
For those units that do not currently have a Recycling Bin, the Contractor shall deliver,
free of charge, the Recycling Bins to be used by the residents of Plantation Acres, Melaleuca
Isles and Hawks Landing at one Recycling Bin per each single family residence, and each
dwelling unit within a duplex, triplex and townhouse. The ownership of the Recycling Bins shall
remain with the Contractor. The Contractor may require the recipient of each Recycling Bin to
sign a receipt. After the initial distribution by the Contractor of the Recycling Bins, then the
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Contractor shall be responsible for supplying Recycling Bins for newly occupied residential units
free of charge and for replacement of lost or damaged Recycling Bins with a charge to the
resident at Contractor's cost. The City shall periodically notify the Contractor as new residences
entitled to this service are issued a Certificate of Occupancy. The Contractor's charge for service
to a new resident shall begin the next recycling collection day after the delivery of the Recycling
Bin by the Contractor to the resident. At the termination of this Agreement, the Contractor may
· reclaim possession of the Recycling Bins as previously delivered to the residents including the
replacement Recycling Bins.
Contractor shall, at no charge to the City, transport to the Processing Center the
Recyclable Materials (aluminum, glass and newspaper) container, when full, located at the City's
Public Works facility.
D. Contract Administrator.
The City's Contract Administrator for purposes of this Agreement shall be the Mayor or
his or her designee.
E. Time of Collection
Contractor shall collect the Recyclable Materials for collection once each week. To the
extent possible, collection of recyclables will be the same day of the week as garbage collection
services. Collection will not be made on days when the Processing Center is not open.
Collection which nmmally occurs on a day when the Processing Center is not open shall be
rescheduled for the next regular collection day. Any change by the Contractor in the designated
collection days shall require the Contractor to notify the City and affected residents of such
change.
F. Ownership and transportation of Recyclable Materials
Contractor shall transport the collected Recyclable Materials to the Processing Center.
Contractor (for the benefit of the City) shall have title to the Recyclable Materials once the
Recyclable Materials are placed out for collection and shall retain title to the Recyclable
Materials until the delivery to the Processing Center.
G. Labor and Costs
Contractor shall, at its sole cost and expense, except as otherwise provided herein, furnish
all labor and equipment required to perfmm curbside collection of Recyclable Materials pursuant
to this Section.
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H. Missed Pick-up
In case of a missed pick-up reported by the City or a resident, Contractor shall collect the
Recyclable Materials from such resident within the next business day of notification.
I. Refusal to Pick-up
Contractor shall refuse to make pick-up if a resident does not properly segregate and
place Recyclable Materials at curbside nor pick-up any container which has nonconforming
materials whether from Residential Units or Multi-Family Residential Units. At the time of
refusal to make the pick-up, Contractor will issue a notice in the form of a decal affixed to the
rejected Recyclable Materials which contains information as to why there was no pick-up of
Recyclable Materials.
J. Compensation for Services
Contractor's compensation of Mnlti-Family Residential service is $1.15 per unit per
month. Contractor's compensation for Residential Units is $2.00 per unit per month. For Mnlti
Family Residential service, Contractor shall bill Multi-Family units/complexes receiving its
services $1.00 per unit per month in accordance with the Contractor's present practice and
procedures and the City $0.15 per unit per month. Contractor shall bill the City monthly in
atTears for the Residential Units it services. City agrees to make monthly payments, in arrears, to
Contractor within ten (10) business days of being invoiced monthly by the Contractor during the
te1m hereof in the amounts set forth above. All such amounts are exclusive of any City franchise
fee. City shall provide Contractor with a list of all Multi-Family Residential Units and
Residential Units in the City upon the request of Contractor. Contractor shall be compensated
based on the total number of units in each building which is being serviced by the Contractor.
The existing rate paid by the City as well as the cost of the Recycling Bags shall ammally be
adjusted to reflect the inflationary or deflationary costs of doing business, measured by 80% of
the fluctuation in the consumer price index (CPI), as published by the U.S. Department of Labor,
Bureau of Labor Statistics (All Urban Consumers in the Miami/Fort Lauderdale Area) or its
successor agency, for the previous 12 months from June to June. However, any CPI adjustment
shaU be limited to a maximum of 4% in any one year after the 80% has been applied to the
applicable CPI percentage. Such CPI adjustments shall commence October 1, 2009 and each
October 1 thereafter Notwithstanding the foregoing, the parties may agree to simplify the billing
and remittance process as between themselves so as to achieve economies of operation, which
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may include payments and remittances based upon data or assumptions that are agreed to and
reasonably believed by each to be accurate as opposed to being based upon actual experience.
Exhibit "G" represents the accommodation made between parties as it pertains to recycling
services discussed therein.
25. TERMINATION
A. Bankruptcy
This Franchise Agreement shall terminate upon the date and at the time the voluntaiy or
involuntary Banlauptcy Petition is filed on a temporary basis, provided that if the Contractor is
adjudged bankrupt, the termination shall be permanent.
B. Temporary Termination
During any temporary te1mination under this or any of the succeeding contingencies for
termination, the City may undertalce to either collect the solid waste materials covered in this
Franchise Agreement itself or through any licensed collector of solid waste materials and the
perfo1mance bond hereinafter provided shall stand and be the basis for any discrepancy in the
rates charged or franchise fees received by the City between those agreed upon herein and those
charged by other licensed collectors of such solid waste materials during such temporary
termination period; provided, however, that should the City elect to collect such garbage during
such time, it shall charge the same rates as provided herein for the Contractor and receive such
compensation from the customers without penalty to the Contractor. Whenever any temporaiy
termination ceases and the Contractor is restored to this Franchise Agreement in all respects, the
Contractor shall cause the performance bond to be restored to its original amount as hereinafter
called for.
C. Strikes
If any recognized division of the Contractor should strike and the Contractor be able to
provide the collection of the solid waste material called for under this Franchise Agreement
either by another recognized division of the Contractor or on an independently negotiated
agreement with some other licensed solid waste material collector, such collections shall be
permitted during the strike by one or more of the Contractor's recognized divisions without sfillle
being deemed a temporary termination of this Agreement, provided, however, that should the
Contractor be unable to provide the collection of the solid waste materials called for hereunder to
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the City for a period of one (1) week due to a strike by employees of the Contractor or any of its
divisions, then and in such event, the Franchise Agreement shall be deemed temporarily
te1minated and the City shall have the same rights and privileges as under a temporary
termination as set forth in subsection B hereof. During the period of temporary termination, the
City may call upon the petformance bond as set fotih for the temporary termination under
subsection B above.
D. Failure to Correct Complaints or Violations of this Agreement
(a) It is the intent of the City to ensure that the Contractor provides a quality of level
of service. To this end, all complaints shall be promptly resolved pursuant to the provisions of
Section 19 of this Franchise Agreement.
(b) It shall be the duty of the Contractor to take reasonable steps that may be
necessary to address the complaint. Failure to address the complaint as set forth below may
result in an administrative cost being assessed against the Contractor. In assessing administrative
costs, consideration will be given to extreme weather conditions and other conditions outside the
Contractor's control. It is hereby agreed that the City may deduct from any monies due or which
may become due the Contractor, or may collect from the Contractor, administrative costs in the
following amounts:
(i) Failure or neglect to address collection complaints as $100.00 per service
required by Section 18 of this Contract address or pick-up location
(ii) Failure to clean up spillage caused by the $100.00 per incident
Contractor per location
(iii) Failure to repair damage to customer property caused $100.00 per incident
by tlte Contractor or its personnel per location
(iv) Failure to maintain equipment in a clean, safe and $100.00 per incident
sanitary manner per day
(v) Failure to have a vehicle operator properly licensed $100.00 per incident
per day
(vi) Failure to maintain office hours as required by this $100.00 per incident
Franchise Agreement per day
(vii) Failure to properly cover materials in Collection vehicles $100.00 per
incident per day
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(viii) Failure to display Contractor's name and phone $100.00 per incident I
number on Collection vehicles per day
(ix) Failure to comply with the hours of operation as $100.00 per incident
required by this Franchise Agreement per day
(x) Failure or neglect to complete less than 90 percent of $1,000.00 for each
route on the regular scheduled Collection day route not completed
(xi) Commingling Residential Waste with Recyclable $1,000.00 for each
materials incident
(xii) Failure to provide Roll-Off Containers within seventy $500.00 per
incident two (72) hours of the receipt of the request for per day services
(xiii) Failure to deliver, repair or replace damaged Roll-out $100.00 per incident
Garbage Cans, Containers, Recycling Bins or Carts in per day the required period
(xiv) Failure to provide Collection Services within the time $100.00 per
incident of day limits provided in the Contract per day
(c) Failure to deliver any Residential Waste, Commercial Solid Waste or Recyclable
Materials to the designated Disposal Facility or Materials Recycling Facility respectively, will
result in the following penalties:
(i) First offense - $1,000.00 charge.
(ii) Second offense - $2,500.00 charge.
(iii) Third offense - loss of Franchise Agreement.
( d) The Mayor or her designee may determine that the City assess administrative
costs pursuant to this Section. The City shall notify the Contractor in writing if administrative
costs are to be assessed and the basis for each assessment. In the event the Contractor wishes to
contest such assessment it may request in writing a hearing before the City's Special Magistrate
to resolve the issue. Such hearing shall be scheduled within 30 days of such request. Missed
collections of solid waste shall be coITected within 48 hours of actual receipt of notice of same, it
being further understood that unintentional, isolated missed collections of solid waste shall not
be grounds for termination of this Franchise Agreement.
(e) In addition to any other remedy provided for herein, City may tenninate this
Franchise Agreement upon the following events of default:
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(i) The failure by Contractor to pay the Franchise Fee or any pmiion thereof,
when due, or the failure by Contractor to pay any other amount payable under the
provisions of this. Agreement, when due; or
(ii) Any representation or warranty made by Contractor in connection with the
execution or delivery of this Agreement or in any other document, instrument or
agreement provided to the City at any time, shall at any time prove to have been incorrect
in any respect as of the date on which made or delivered or shall no longer continue to be
true, except as expressly provided or pennitted otherwise to the contrary in this
Agreement; or
(iii) Contractor shall fail to perfonn or breach any provision, term, covenant or
agreement contained in this Agreement; or
(iv) The submission of any intentionally false or misleading report, document,
ce1iificate or instrument by Contractor to the City; or
(v) Contractor or its subsidiaries is placed on the "Convicted Vendors" list as
set forth in Section 287.133, F.S.; or
(iv). Contractor. shall fail to maintain all required licenses and permits from
authorities other than the City which may be needed to perfonn this Franchise.
(f) In the absence of a specific contrary time to cure, the City shall notify Contractor
in writing of the occuffence of any Event of Default in which case Contractor shall have ten (10)
days from the receipt of such notification within which to remedy such Event of Default;
however, if such Event of Default is of a type that it cannot be cured within ten (10) days of
receipt of notification, Contractor shall commence such cure within ten (10) days and diligently
pursue the cure and obtain a cure within a reasonable period oftiine. In the event such default is
not cured in the time specifically provided otherwise in this Agreement or if there be none within
ten (10) days [or if it is a default which is of a type that it cannot be cured within ten (10) days,
Contractor does not commence such cure, or diligently proceed to cure, or obtain such cure
within a reasonable period of time], the City may terminate this Agreement.
26. ARBITRATION
Any controversy or claim arising out of or relating to this Franchise Agreement breach
thereof, shall be settled by arbitration in accordance with the rnles of The American Arbitration
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Association, and each party agrees that it will be bound by the arbitration award. Such
controversy or claim shall be submitted to a three-member panel of arbitrators under the
procedural rules then in effect by The American Arbitration Association for the selection of such
panel in Broward County, Florida. The Contractor shall not interrupt the collection of solid
waste material within the City during such period of arbitration.
27. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Contractor of any
provision hereof shall in no way affect the right of the City thereafter to enforce same; or shall
waiver by the City of any breach of a provision hereof be taken or held to be a waiver of any
succeeding breach of such provision or as a wavier of any provision.
28. LAW TO GOVERN
This Franchise Agreement shall be governed by the laws of the State of Florida both as to
interpretation and performance.
29. COMPLIANCE WITH LAWS
The Contractor shall conduct operations under this Franchise Agreement in compliance
with all applicable laws.
30. ILLEGAL PROVISIONS
If any provision of the Franchise Agreement shall be declared illegal, void or
unenforceable, the other provision shall not be affected but shall remain in full force and effect.
31. PERMITS AND LICENSES
The Contractor shall obtain, at his own expense, all permits and licenses required by law
or ordinance and maintain same in full force and effect.
32. PERFORMANCE BOND
The Contractor shall furnish to the Contract Administrator a Perfonnance Bond, in a form
approved by the City Attorney, for the faithful perfonnance of this Contract and all of its
obligations arising hereunder in the amount of $2,500,000.00. Said bond shall be executed by a '
surety company approved by the City Council and licensed to do business in the State of Florida.
The bond shall be conditioned upon full perfonnance by Contractor of all of the terms of this
Franchise Agreement.
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33. WORKMEN'S COMPENSATION INSURANCE
The Contractor shall provide and maintain during the life of the Franchise Agreement,
Workmen's Compensation Insurance, in accordance with the laws of the State of Florida, for all
employees. A Certificate shall be filed with the Contract Administrator by the insurance carrier
showing such insurance to be in force at all times.
34. LIABILITY INSURANCE
The Contractor shall provide and maintain during the life of the Franchise Agreement,
General Liability and Property Damage Insurance and Umbrella Coverage in the following
amounts:
(a) General Liability - $1,000,000 per person/$1,000,000 per accident including
automobile coverage
(b) Property Damage-$1,000,000 per any one claim
(c) Umbrella Liability - $5,000,000 with a $25,000 deductible (or City may accept
Contractor's self-insured retention limits in lieu of the minimum deductible specified which
acceptance will not be unreasonably withheld) insurance to protect himself, his agents, and his
employees from claims for damages for personal injury, including wrongful and accidental
death, and property damage which may arise from operations under the Franchise Agreement,
whether such operations be perfonned by himself or his employees. The policy or policies shall
name the City as additional primary insured and shall contain a clause that the insurer will not
cancel or decrease the insurance coverage without first giving the City thirty (30) days notice in
writing.
While no other minimum policy will be required by the City, it is expected that long-term
policies will be utilized in order to obtain lower premiums. Insurance shall include all
documents issued by all insurance companies licensed to do business in this State.
All Certificates of Insurance and required endorsements shall be filed with the Contract
Administrator.
35. INDEMNITY
A. General Indemnification
Contractor shall indemnify, defend, save and hold harmless the City, its elective and
appointed officers, and employees (herein, the "Indemnitees"), from any and all claims,
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damages, losses, liabilities and expenses, direct, indirect or consequential arising out of or
alleged to have arisen out of or in consequence of the products, goods or services furnished by or
operations of the Contractor or his subcontractors, agents, officers, employees or independent
contractors pursuant to the Agreement, specifically including but not limited to those caused by
or arising out of (a) any act, omission or default of the Contractor or his subcontractors, agents,
servants or employees in the provision of the goods or service's under the Agreement; (b) any and
all bodily injuries, sickness, disease or death; ( c) iujury to or destruction of tangible property,
including the loss of use resulting therefrom; (d) the use of any improper materials; (e) a
defective condition in any goods provided pursuant to the agreement, whether patent or latent; (f)
the violation of any federal, state, county or municipal laws, ordinances or regulations by
Contractor, his subcontractors, agents, servants, independent contractors or employees; and (g)
the breach or alleged breach by Contractor of any term, warranty or guarantee of the Agreement.
This indemnification shall not apply to the acts, omissions or defaults caused by the Indemrtitees,
its employees, or agents. The Contractor shall pay all claims, losses, liens, settlements or
judgments of any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate attorney's fees),
paralegal expenses, and costs.
The Indemnitees reserve the right to select legal counsel to conduct any defense in any
such proceeding falling within the scope of this indemnity and the indemnity contained in
Section 7 A and all costs and fees associated therewith shall be the responsibility of the
Contractor under the indemnification agreement. Nothing contained herein is intended nor shall
it be construed to waive Indemnitees' rights and immunities under the common law or Florida
Statute §768.28, as amended from time to time.
B. Rate Indemnification
In addition to the indemnification of the Indemnitees by the Contractor referred to above,
the Contractor will defend, indemnify, save harmless and exempt the Indemnitees from and
against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
and attorney's fees, reinforcement by the Indemnitees of differential rates as between the types of
services provided by the Contractor. However, the legal defense of the Indemnitees in any legal
proceeding brought against the Indemnitees as a result of such rate differentials shall be
undertaken in the following manner:
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A panel consisting of at least four ( 4) different Broward County law firms suitable to the
Contractor for the handling of said defense, having recognized expe1tise in the defense of the
type litigation which may be brought, shall be submitted by the Contractor to the Indenmitees'
Legal Department and the City Attorney shall be permitted to select the law firm from such panel
who shall then be employed by the Contractor at the Contractor's expense to defend the
Indenmitees (as well as the Contractor should the Contractor also be jointed in such litigation).
Such submitted panel selection must include the specific identification of the "lead counsel" of
such finn who would have primary responsibility for such litigation and defense. No
prejudgment settlement or other disposal of such litigation by such selected law firm shall be
allowed without the mutual concurrence of the Contractor and the Indenmitees. Should the
Indenmitees desire to hire co-counsel, then the same shall be pern1itted, howevei·, the
Indenmitees' co-counsel expense shall be exclusively that of the Indenmitees.
C. Special Indemnification
Contractor hereby agrees to indemnify and hold harmless the City, its elected and
appointed officers, its employees, and its attorneys, all in their official and individual capacity,
and all of their successors, heirs, personal representatives, devisees, and assigns (hereinafter
referred to as the "Indemnified Patty") from and against any and all claims, losses, damages,
liabilities, penalties, fines, costs, fees and obligations of whatsoever nature or kind, relating to or
ai·ising as a result of any causes of action, allegations, administrative, or judicial challenge to the
provisions in this franchise agreement concerning alleged State or Federal Constitutional claims,
or claims that this franchise violates Florida law. Such indenmification shall include, without
limitation, reasonable attorneys fees, Court costs or other dispute resolution costs at all
administrative, trial and appellate levels whether in connection with the matters being
indemnified upon or as may be incurred by Indenmified Party in enforcing or defending the
provisions of this Agreement, including this indemnity. This indemnity is additional to any other
indenmity contained in this franchise agreement.
D. Survival of Indemnities
The foregoing indemnities shall survive the termination or ,expiration of this Franchise
Agreement as to any claims or occurrences, or elements thereof, that arise during the term and
extension thereof, if any, of this Franchise Agreement. Likewise, all prior indemnities in prior
Franchise Agreements remain in effect in the same manner.
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36. ASSIGNMENT AND SUB-LETTING
No assignment of the Contractor or any right occurring under this Contract shall be made
in whole or part by the Contractor without the express written consent of the City Council. In
the event of any assignment, the assignee shall assume the liability of the ContraCtor, but the
assignment shall not affect any pre-existing liability of the Contractor unless the assignment
otherwise states and an assumption ofliability is obtained from the assignee.
37. BOOKS AND RECORDS
(a) The Contractor shall provide monthly reports (customer list and charges, cash
receipt reports, and franchise fees generated from the various services provided by the
Contractor. The City shall have the right to review the supporting data which in any way
pertains to the sales records provided to the City. In addition, Contractor shall provide a
quarterly report to the City of commercially processable tonnage delivered to the disposal
facility. Contractormay estimate the tonnage generated by routes that may be non-dedicated.
Contractor will guarantee the delivery of tonnage based upon the prior quarter which will be the
total yards x 100 ponnds. All records (or a copy thereo:f) regarding franchise fee payments, solid
waste disposal records and recycling collection records shall be maintained at an office of the
Contractor in Broward County, Florida. Should the City elect to review those records, then
Contractor shall reimburse the City for the cost to go inspect the records and copy those records.
If Contractor should move such records to a site outside Broward County, all reasonable City
transportation, lodging and meal expenses for City personnel traveling portal to portal to inspect
and copy such records shall be paid by Contractor's cost recovery account.
(b) City shall provide to the Contractor when, as and if requested, a monthly
summary of City's collections, and such other records as may be requested and produced
pursuant to the Public Records Law, so as to enable the Contractor to evaluate or audit the City's
financial perfonnance of this Agreement.
38. POINT OF CONTACT
All dealings, contacts, notices, etc. between the Contractor and the City shall be directed
by the Contractor to the Contract Administrator and by the City to the District Manager of
South em Sanitation Service, division of Waste Management, Inc. of Florida.
37
39. NOTICE
A letter addressed and sent by Certified United States Mail to either party at its business
address show hereinabove in paragraph two, shall be sufficient notice whenever required for any
purpose in this Franchise Agreement.
40. FRANCHISORS USE OF REVENUE
The City may use the revenue derived herefrom for any lawful purpose and may
otherwise pledge such revenue as security to assure the repayment of revenue bonds or revenue
certificates of indebtedness of the City.
41. SPECIAL CLEANUPS
The Contractor shall collect from all Residences, Duplexes, Triplexes and Townhouses
twelve (12) times each calendar year, at no cost to the City, any and all large bulk items which
residents wish to discard and which items are n01mally generated from within their occupied
residence, but shall not include constmction debris and items which could be made to fit into an
Approved Container. On days of special cleanups, the Contractor shall also pick up leaves that
are placed street side for pickup in any clear plastic bag, provided however, the bag does not
need to be an approved clear recycling bag or an approved city liner "blue-bag" is not required.
The Contractor shall provide and schedule, at no cost, the same service for multi-family
condominiums twice per year on one of the six days set forth above when Contractor is
providing similar service to other residents of the City. Contractor shall annually notify
multifamily condominiums of its annual bulk pick-up schedule. The removal of these items shall
be limited in size and weight as to allow the two man crew to lift the item, fit it in the hopper of
the vehicle thereby permitting it to be compacted by the normal operation of the vehicle. Such
items shall not require special handling and the Contractor shall not be required to utilize
additional equipment or manpower over and above that used in the regular collection of garbage
and trash. The placement and method used for this collection will be dete1mined prior to this
special collection service by the City administration and the Contractor and agreeable to both
parties. This service shall be limited to those items which may be picked up by using the regular
manpower and equipment used by the Contractor in servicing the residential areas of the City.
Any items that are so large or bulky that would require special handling or equipment will not be
picked up. Contractor shall provide, at no cost, solid waste collection services to City buildings,
38
facilities, and special events listed in Exhibit "C" and Exhibit "D" respectively which are
attached hereto and made a part hereof. In addition, Contractor will provide ce1iain equipment to
the City at a reduced rate set forth in Exhibit "D".
The Plantation Junior Woman's Club annual cleanup shall be expanded to include an
additional site for a total of three (3) designated sites within the City.
In the event any or all of such designated sites are prope1iy owned by other than a
governmental authority, then the Contractor does hereby indemnify and hold hannless the owner
of such designated site or sites, the City, and Plantation Junior Women's Club, for any and all
valid claims, suits, damages and liabilities which are the result of the negligent act or omission of
the Contractor, its agents or employees.
42. MODIFICATION
This Contract constitutes the entire Contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or amended in any respect
unless agreed to in writing and signed by the parties hereto. The parties reserve the right to
negotiate a mutually acceptable alternate payment system for plastic liners that would include a
base fee for all residents using plastic liners plus a lesser per bag fee.
43. RELOCATION OF CONTRACTOR'S BUSINESS OFFICE
In the event Contractor determines to relocate its executive offices to another location in
Broward County, Contractor shall notify the City and allow the City to submit a proposal for
relocating the executive offices to the City. In the event that City's proposal is economically
equal to or superior to other proposals received by Contractor (including economic incentives,
etc.), then Contractor shall accept the City's relocation proposal.
44. COST RECOVERY
Contractor has established and will maintain a cost recovery account with the City to
allow the City to be reimbursed for its legal expenses associated with the negotiation, drafting
and approval of the Agreement. The Contractor agrees to maintain a cost recovery account for
the purpose of responding to Contractor's inquiries regarding this Agreement or future franchise
issues. The minimum deposit to be maintained is $1,000.00. '
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45. PRICING COMPARISON
Contractor and City agree that during the term of this Agreement should Waste
Management enter into a solid waste agreement with Coral Springs, Davie, Weston, Sunrise,
Coconut Creek (hereafter referred to as "Comparable Cities") which provides for a "pay as you
throw" bag program at rates lower than those rates currently being charged under this
Agreement then the City shall have the right, but not the obligation, to notify Contractor that City
has elected to adjust the pricing set forth on Exhibit A to such comparable city lower rates. The
notice shall provide for a forty-five ( 45) day negotiation period for the parties to agree upon the
appropriate adjustments to Exhibit A. Any adjusted price shall be effective commencing on the
date the City provides Contractor with notice of its election to adjust. Failing agreement, the
parties shall resolve the dispute by submitting the dispute to binding arbitration. For the purpose
of this Paragraph, the rate shall include a combined rate for bag collection, toter collection,
commercial collection, recycling collection, free services and other costs associated with this
Agreement.
46. HURRICANEillISASTER CLEAN UP
Both Contractor and City aclmowledge the special circumstances related to hurricane and
disaster clean up. City and Contractor agree to coordinate their disaster relief efforts where
practicable. Contractor agrees to provide services and extra equipment to City in accordance
with the fee schedule attached hereto as Exhibit F, although where applicable Contractor agrees
to accept the maximum rate set by FEMA (Federal Emergency Management Agency) for that
specific disaster clean up. Contractor and City aclmowledge that the disaster clean up may
require that the City contract for additional services from other vendors and that Contractor may
be unable to deliver service in accordance with the Franchise Agreement (for this duration of the
disaster and clean up). Therefore, City shall have the right to contract for equipment and
services from other vendors in order to address the disaster clean-up.
47. ENFORCEMENT OF AGREEMENT BY CONTRACTOR
In addition to any rights the City or Contractor may have to enforce this Franchise
Agreement in relation to third parties, City agrees that Contractor has standing to take action to
enforce this Franchise Agreement separate and apart from any action the City is or may take
independently to enforce this Franchise Agreement.
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48. MISCELLANEOUS
A. Waiver.
A waiver of any such breach of any provision of this Agreement shall not constitute or
operate,as a waiver of any other breach of such provision or of any other provisions, nor shall
any failure to enforce any provisions hereof operate as a waiver of such provision or of any other
provision.
B. Titles of Sections.
Section headings inserted herein are for convenience only, and are not intended to be
used as aids to interpretation and are not binding on the parties.
C. Successors and Assigns.
This Recycling Agreement shall be binding upon the parties hereto, their successors and
assigns.
D. Preparation and Construction.
This Agreement and all schedules attached hereto were prepared through the joint efforts
of the parties. Neither its provisions nor any alleged ambiguity shall be interpreted or resolved
against any party on the ground that such party's counsel drafted this Agreement. Each of the
parties hereto represents and declares that such party has carefully read this Agreement and that
such party knows the contents thereof and signs the same freely and voluntarily. The parties
hereto aclmowledge that they have been represented in negotiations for and preparation of this
Agreement by legal counsel of their own choosing, and that each of them has read the same and
had their contents fully explained by such c0tmsel and is fully aware of their contents and legal
effect.
E. Contractor's Municipal Contribution.
The Contractor has agreed to furnish as soon as possible, and at no cost to the City, a
minimum 2.0 cubic yard compactor machine which will be refurbished, and which will have
connected thereto a 40 yard receiver container attached. The Contractor may, provided City
approves same, furnish a larger compactor unit which will fit on the existing pad, which may
also be refurbished. Unencumbered title to the Compacting Unit shall be transferred to the City,
and the Contractor shall continue to own the receiver container. The City shall maintain the
Compactor Unit, and the Contractor shall maintain, empty, and continuously provide the receiver
container.
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F. Effective Date
The effective date of this Agreement shall be October 1, 2009, regardless of when same
is signed.
G. Force Majeure.
If either party is prevented from or delayed in performing its duties under this Agreement
by (1) hurricanes, severe weather, floods, war, acts of terrorism, acts of God, or significant
threats of such circumstances, (2) any future laws, rules, regulations, orders, or acts of any local,
state, federal, or provincial government (3) any such other events that are the basis for a Mayoral
declaration of State of Emergency("Force Majeure events"), then the affected party shall be
excused from performance hereunder during the period that such Force Majeure event exists.
The party claiming Force Majeure shall promptly notify the other party when it learns of the
existence of a Force Majeure condition and shall take all reasonable steps to eliminate, minimize
and diminish the effects of a Force Majeure event. During the existence of a Force Majeure
event, the party claiming shall not be entitled to compensation for services that are not
performed. The party claiming Force Majeure event shall provide notice when the Force
Majeure condition has terminated. Notwithstanding anything in this Agreement to the contrary,
the term "Force Majeure" does not include and a party shall not be excused from pe1forrnance
under this Agreement for events relating to increased costs, including, without limitation,
increased costs of fuel, labor, insurance or other expenses of performing the services hereunder.
(Signatures contained on next page)
42
THIS FRANCHISE AGREEMENT executed this __ day of ---~-' 2009, but
shall be effective October 1, 2009.
ATTEST:
(CORPORATE SEAL)
ATTEST:
Susan Slattery, City Clerk
(CITY SEAL)
Approved as to Form:
WASTE MANAGEMENT INC. OF FLORIDA
By: ___________ _ Timothy Hawkins, Area Vice-President
CITY OF PLANTATION
By: -------------Rae Carole Armstrong, Mayor
Approved as to Terms:
By: ____________ ~ By: ____________ _ Donald J. Lunny, Jr. City Attorney
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Daniel W. Keefe Assistant to the Mayor
EXHIBIT "A"
CITY OF PLANTATION RATES
AS OF OCTOBER 1, 2009
Rate Components
Residential Availability Fee (per unit/mo) Bags (garbage) Bags (recycling) Plan. Acres/Hawks Landing (toter cmis) Plan. Acres/Hawks Landing (2nd Cati) Plan. Acres/Hawks Landing (3rd Cati) Back door bags (surcharge) Back door tote rs (surcharge) Recycling
Residential front-end service Loose yard Compacted yard Recycling
Optional services Container maintenance
2yd 3 yd 4yd 6yd 8 yd
Casters per month Sho1i Rollouts (Ix/week) Long Rollouts (Ix/week) Specials per yard
44
Rate
Monthly Rates (inclusive of Franchise Fees)
$6.40 $1.68 $0.18
$27.43 $19.17 $19.17
$2.18 $10.67
$2.05
$12.62 $50.47
$1.18
$28.24 $31.06 $33.85 $36.69 $39.52
$5.64 $21.18 $28.26 $16.33
Commercial front-end service Loose yard Compacted yard (Ratio 4:1)
Optional Services
Rollo ff
Container maintenance 2yd 3yd 4yd 6yd Syd
Casters per month Sho1t Rollouts (lx/week) Long Rollouts (lx/week) Specials per yard
Permanent Rolloff Service
Container Maintenance
$16.01 $64.04
$33.85 $36.69 $39.52 $43.76 $46.55
$5.64 $23.81 $31.05 $17.89
$233.26
15 yard container $115 .13 20 yard container $122.47 30 yard container $129.76 *Processable loads - disposal is calculated based on actual weight of each load at the then current tonnage rate plus applicable 6% roll off franchise fee. Franchise fee adjusted to reflect 6% of billed rate excluding bags which always remains at $.05/bag.
45
EXHIBIT "B" SPECIAL WASTE
I. HAZARDOUS WASTE
IL BODY WASTE
III. DEAD ANIMALS
IV. ABANDON VEHICLES & VEHICLE PARTS
V. ITEMS THAT REQUIRE SPECIAL HANDLING OR DISPOSAL NOT
OTHERWISE PROVIDED IN THIS AGREEMENT
VI. TYPE A SPECIAL WASTE
Any discarded material from a non-residential source meeting any of the following
descriptions. Type A special wastes typically require analytical results or equivalent waste
composition information to detennine proper management.
a. Waste from an industrial process (including process sludges).
b. Waste from a pollution control process (e.g. baghouse dust, treatment plan sludge,
filter cake, sedimentation pond cleanout, etc.)
c. Waste containing free liquids (see the definition of "liquid waste").
d. Residue and debris from the cleanup of a spill of chemical substance or
commercial product or a waste listed in (a) through (c), or (a) t!n·ough (g). This definition applies
to spills of any size.
e. Contaminated residuals from the cleanup of a facility generating, storing, treating,
recycling, or disposing chemical substances, commercial products, or wastes listed in (a) through
(d), (f), or (g).
f. Any waste which is non-hazardous as a result of treatment pursuant to RCRA
Subtitle C.
g. Chemical-containing equipment removed from service, in which the chemical
composition and concentration are unlmown.
VII. TYPE B SPECIAL WASTE
Any discarded material from a non-residential source meeting any of the following
descriptions. Type B special wastes are not customarily subject to laboratory testing.
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a. Friable asbestos from building demolition or cleaning; wall board, wall or ceiling
brake pads, roofing products, etc.) is not a special waste unless it has been processed, handled, or
used in such a way that when dry, it becomes crumbled, pulverized, or reduced to powder.
Asbestos bearing industrial process waste is a Type A special waste.
b. Commercial products or chemicals which are off-specification, outdated, unused,
or banned. This category includes containers which once held commercial products or chemicals
unless the container is "empty" as defined in this section. Outdated or off-specification
uncontaminated food or beverage products in original consumer containers are not special waste
unless management of such products is restricted by applicable regulations.
c. Untreated medical waste - Any waste capable of inducing infection due to
contamination with infectious agents from a bio-medical source including but not limited to a
hospital, medical clinic, nursing home, medical practitioner, mortuary, taxide1mist, veterinarian,
veterinary hospital, animal testing laboratory. Any sharps from these sources must be rendered
harmless or placed in needle puncture proof containers.
d. Treated medical wastes - Any wastes from a bio-medical source including but not
limited to a hospital, medical clinic, nursing home, medical practitioner, mortuary, taxidermist,
veterinarian, veterinary hospital, animal testing laboratory, or medical testing laboratory which
has been autoclaved or otherwise heat treated or sterilized so that it is no longer capable of
inducing infection. Any sharps from these sources must be rendered harmless or placed in needle
puncture-proof containers. Residue resulting from the incineration of medical waste is a Type A
special waste.
e. Residue/sludges from septic tanks, food service grease traps, or washwaters and
wastewaters from commercial laundries, aundromats, and car washes. If these wastes are
managed at a public or commercial wastewater treatment works, they are not a special waste.
f. Chemical-containing equipment removed from service, in which the chemical
composition and concentration are !mown (e.g., oil filters, cathode ray tubes, lab equipment,
acetylene tanks, fluorescent light tubes, etc.).
g. Waste produced from the demolition or dismantling of industrial process
equipment or facilities contaminated with chemicals from the industrial process. Chemicals or
wastes removed or drained from such equipment or facilities are Type A special wastes.
47
h. Incinerator ash generated a Resource Recovery Facility that burned only non-
hazardous household, commercial, or industrial waste and qualifies for the hazardous waste
exclusion in 40 CFR 261.4 (b ). If this regulatory authority does not recognize the household
hazardous waste exclusion, then the ash is a Type A special waste.
Please note that construction and demolition debris waste is not special waste unless it falls under any of the Type A or Type B special waste categories (e.g., asbestos-containing demolition debris).
48
EXHIBIT "C" DUMPSTER SITES- CITY OF PLANTATION
Listed below are the current locations of dumpsters at various City facilities. This list is not intended to be inclusive and any other City facility not listed or added ~uring the course of the franchise agreement would be included and receive service at no charge to the City
CITY HALL 400 NW 73 Avenue
DEVELOPMENT BUILDING 401NW70 Terrace
PLANTATION FIRE DEPARTMENT/ADMINISTRATION 550 NW 65th Avenue
FIRE STATION NO. 4 8200 SW 3rd Street
LIBRARY/HISTORICAL MUSEUM 501 N Fig Tree Lane
PARKS & RECREATION CENTRAL/ADMINISTRATION 9151 NW 2nd Street
DEICKE AUDITORIUM & HOFFMAN P ARI( 5701 Cypress Road
FRANK VELTRI TENNIS CENTER 9101 NW 2nd Street
JIM WARD COMMUNITY CENTER 301 NW 46th Avenue
PAL FIELD & ROY SALMON STADIUM 1000 NW 70th Avenue
PARKS COMPOUND 750 NW 91st Avenue
PINE ISLAND PARK 320 South Pine Island Road
PLANTATION CENTRAL PARK BALLFIELDS (2) 380 Central Park Drive 600 Central Park Drive
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PLANTATION COMMUNITY CENTER 5555 Palm Tree Road
PLANTATION SUNSET PARK AT JACARANDA 10600 Cleary Boulevard
POP TRAVERS PARK 6250 SW 16th Street
VOLUNTEER PARK 12050 W Sumise Boulevard
PLANTATION EQUESTRIAN CENTER (2) 1451NWI18th Avenue 1 dumpster for trash 1 dumpster for manure
PLANTATION PRESERVE GOLF COURSE & CLUB (2) 7050 W Broward Boulevard 570 W Tropical Way
POLICE DEPARTMENT 451NW70th Terrace
PUBLIC WORKS DEPARTMENT 750NW9lstAvenue
UTILITIY PLANTS Central Water Treatment Plant 700 NW 91st Avenue
East Water Treatment Plant 500 NW 65th Avenue
Regional Wastewater Treatment Plant 6500 NW 1 lth Place
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EXHIBIT "D" SPECIAL EVENTS
Dumpsters to be provided by Waste Management
EVENT PARK EST. TONS Celebrate/Police Expo Central Park Swim Meet Central Park Pool Swim Meet Central Park Pool Relay for Life Central Park Swim Meet Central Park Pool Swim Meet Central Park Pool Summer Softball Central Park July 4°1 Celebration Central Park Art-in-the-Park Libe1ty Tree Park Craft Festival Historical Museum Firefighter' s Barbecue Pine Island Park Fall Softball Central Park Fall Softball Sunset Park Thanksgiving Soccer Pop Travers Thanksgiving Soccer PAL Park Thanksgiving Soccer Pine Island Park Holiday Parade City Hall Orange Classic Pine Island Park Swim Meet Central Park Pool
Note: Port-0-Lets available at $50.00 per event Crowd Pleaser available at $500.00 per day
51
2 2 2 1 2 2 3 2 2 2 3 2 2 2 2 2 2 3 3
DATE February February February
March March May June July
October October
November October October
November November November December December December
EXHIBIT "E" - PAGE 1 CITY OF PLANTATION
VACATION CREDIT PROCEDURES
VACATION CREDIT ONLY APPLIES TO RESIDENTS THAT ARE GONE FOR 90 OR MORE CONSECUTIVE DAYS.
I. Residents will call Waste Management to officially set up vacation status.
II. Waste Management will advise residents that they must also call _____ at Plantation Public Works .
III. Residents will be required to come to the Public Works Building at 750 NW 95th Avenue, Plantation, Florida and fill out a form which will be notarized. This form will include date of depaiiure, date of anticipated return, and contact address and phone number during their absence.
IV. Waste Management will continue to bill resident while on vacation. Resident WILL NOT pay this bill. If the resident is gone for more than the amount of time stated on the affidavit, resident WILL NOT be sent a credit letter or a stop service letter until the City has had the oppmiunity to try to contact the resident. If resident is still away, the account will NOT be considered delinquent.
V. If resident anticipates being away longer than the time stated on the affidavit, it is suggested that the resident call or fax to notify hin/her of the delay.
VI. Upon return, the resident will notify both Waste Management and _____ of their return.
VII. Waste Management will fully credit the resident upon this notification.
FAILURE TO RE-ESTABLISH SERVICE IMMEDIATELY UPON RETURN MAY RESULT IN RESIDENT BEING BILLED FOR FULL TIME OF ABSENCE.
Contact City of Plantation: Phone: Fax: E-mail: Address:
Contact Waste Management at: 954-974-7500
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EXHIBIT "E" - PAGE 2 VA CATION CREDIT AFFIDAVIT
Service Address:
Billing Address: ________________________ _
Phone#: ----------------------------
Vacation Start Date: ------------------------
Anticipated Return Date: _____________________ _
Vacation Address:
Vacation Phone No.:
Signature:----------------------------
The preceding document was acknowledged before me this ___ day of ________ , 200_ by who has produced
--------------------~
Print name Notary Public
Witness
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(form of identification).
EXHIBIT "F" CITY OF PLANTATION, FLORIDA
EMERGENCY SERVICE RATE FORM FOR COLLECTION SERVICES
Labor Position or Equipment Type Hourly Rate* 210 Prentice Loader .................................................................................................. $165.00 Self Loading Prentice Truck 25-40 yard dump body ................................................ $165.00 Wheel Loader - 21/2 to 3 cu.Yd ............................................................................. $135.00 Tandem Dump Truck .................................................................................................. $95.00 Tractor Trailer type Dump Truck 60-80 Y ards ......................................................... $110.00 Tractor Trailer type Dump Truck 60-80 Yards ......................................................... $155.00 Skid Steer Loading Bobcat or Equivalent.. ............................................................... $135.00 D6 Dozer or equivalent ............................................................................................. $135.00 Cat 330 Excavator with debris loading grapple ........................................................ $155.00 950 Wheel Loader or equivalent.. ............................................................................. $135.00 Chainsaw Operator with gear ...................................................................................... $50.00 Supervisor with pickup truck ...................................................................................... $60.00 Safety manager with pickup truck .............................................................................. $60.00 Mechanic's truck with tools ........................................................................................ $65.00 Flagman for traffic control .......................................................................................... $30.00 12-foot Morbark Tub Grinder or equivalent ............................................................. $420.00 13-foot Morbark Tub Grinder or equivalent.. ........................................................... $470.00 Trash Transfer Trailers 110 yard with Tractor ......................................................... $130.00 Bucket Truck 50 cubic yard bed ............................................................................... $145.00 Clerical ........................................................................................................................ $37.50 Mobilization & Demobilization ......................................................................... A Pass Thru
These rates shall be adjusted annually on or before July 1 of each year, commencing July 1, 2008.
54
EXHIBIT "G" STATEMENT OF RECYCLING EXPENSES/REVENUES
R I' E /R evenue ecyc Ill!! xpenses Expenses (Annual) Number $2/month $1.15/month Total Single Family (blue bag) 21,048 $505,152.00 u/a Single Family (toter carts) 1,600 38,400.00 u/a Sunshine City 213 5,112.00 u/a Multi-Family 15,561 n/a 214,741.80 TOTAL $548,664.00 $214,741.80 $763,405.80
Revenues (Annual) Numbe1· $1 per month Total Single Family (blue bag) 21,048. $252,576.00 u/a Single Family (toter caiis) 1,600 19,200.00 u/a Sunshine City 257 3,084.00 n/a Multi-Family 15,561 186,732.00 n/a Recycling from Browai·d County $442,550 (Based on 2005-2006) TOTAL $461,592.00 $442,550 $904,142.00
WtM I as e ana2ement nvo1ce Units Cost/unit Monthly fee Annual fee
Single Family Units 22,861 $2.05 $46,865.05 $562,380.60 Multi-family Units . 15,561 $1.15 17,895.15 214,741.80 Total $64,760.20 $777 ,122.40 Less amount billed Single Family (toter caiis) 1,600 $1.00 $1,600.00 $19,200.00 Multi-family units 15,561 $1.00 $15,561.00 186,732.00 Sunshine City 257 $1.00 $257.00 3,084.00 TOTAL $47,342.20 $568,106.40
WtM as e anagemen tM thl B"Ir t Ct on IY I Ill!! 0 HY
Number Fee Total Single family ("blue bag" residences) 21,048 $2.05 City collects $1.00 $43,148.40 Toter cart residences 1,600 $1.00 WM collects $1.00 1,600.00 Multi-family residences 15,561 $0.15 WM collects $1.00 2,334.15 Sunshine City 257 $1.00 WM collects $1.00 257.00 Monthly Invoice from WM to City $47,339.55
55
/:i~:.~;:;~i~~'.1;;x::1?~~#j;f i:ii~f·:;j{{g;:~i:t\t$ili:ll~~t~filtiil\i\{if.il\~fil,,!1.~~~Jri>··•.:-rn~~/1;;G:;::,::·=. DISPOSAL RATE/TON: Existing. $96:.86 New $98.50 Iner {Deer) $1.64
CPI Change: All Urban Consumers/Ali Items Jun OS/June 09 •cp1 -1.60% 100% -1.60% (Max4%) Ft. Landerrlale/Miaml Residential Curbside 80% -1.28% *'Note: CPI waived until October 1, 2009
Old Rate New Rate Current I Franchise Excluding CP! Iner Disposal Excluding Fran Fee Francltise
I New Rate
Rate ComEonents: Rate Fee Fran Fee -1.60% Iner Fran Fee % Fee Rate ~ Residential: