ordinance no.: 2432 an ordinance of the city of …€¦ · ordinance no.: 2432 an ordinance of the...
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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.
SIGNED by the Mayor this _1§_t:__ day o
ATTEST
~~~F(,J;l~ . CITY CLERIC cf'
G:\ Wp:files\Clients\Plnt\Ord\Waste Mgmt Franchise 2007 ord.doc 10101/2009
APPROVED DATE REQUESTED BY: ____________ _
DEPT.OK:. ______________ _
ADMIN.OK: _____________ _
ATTY. OK: _____ D~o~n=a=l~d~J~. ~L=u=nn=y~,~~J~r~. 8/19/09
AS TO FORM ONLY
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ORDINANCE ADVERTISING REQUIREMENTS
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
8. COLLECTION EQUIPMENT ........................................................................................... 4 9. OFFICE ............................................................................................................................... 5 10. DISPOSAL ......................................................................................................................... 5 11. DEFINITIONS .................................................................................................................... 5 12. CHARGES AND RATES .................................................................................................. 8
A. Non-Accessible Locations ...................................................................................... 8 B. Disposal Fees .......................................................................................................... 9
13. LOCATION ........................................................................................................................ 9 14. ADJUSTMENT OF CHARGES ......................................................................................... 9
Table 1-Fuel Surcharge Calculation Table ................................................................ 11 15. UNUSUAL COSTS ADJUSTMENT AND REALLOCATIONS ................................... 11 16. ADVANCE NOTICE OF RATE CHANGES .................................................................. 12 17. BILLING - RESIDENTIAL/COMMERCIAL ................................................................. 12
A. Residential.. ........................................................................................................... 12 B. Commercial ........................................................................................................... 14 C. Rate Adjustment.. .................................................................................................. 14 D. Franchise Fee ........................................................................................................ 15 E. Billing Transition ....................... : .......................................................................... 15 F. Post Franchise Collections .................................................................................... 16
18. RESIDENTIAL SERVICE-NEW AND DISCONTINUED ......................................... 16 19. COMPLAINTS ................................................................................................................. 17 20. NOTIFICATION OF CUSTOMERS ............................................................................... 18 21. ROUTES AND COLLECTIONS ..................................................................................... 19 22. CONTRACTOR'S PERSONNEL .................................................................................... 19 23. COLLECTION SERVICES .............................................................................................. 20 24. RECYCLING SERVICES ................................................................................................ 23
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
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EXHIBIT "C" .............................................................................................................................. 49 EXHIBIT "D" .............................................................................................................................. 51 EXHIBIT "E" - PAGE 1 ............................................................................................................ 52 EXHIBIT "E" - PAGE 2 ............................................................................................................ 53 EXHIBIT "F" .............................................................................................................................. 54 EXHIBIT "G" ............................................................................................................................. 5 5
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FRANCHISE AGREEMENT
(Approved as to Content and F01m by Ordinance2432)
The City of Plantation Florida, a municipal corporation, hereafter referred to as the
"City", and Waste Management Inc. of Florida, a Florida corporation, hereafter referred to as
"Contractor", do herein, for the considerations contained herein, agree as follows:
1. EXCLUSIVE RIGHT
The City grants to the Contractor the exclusive right and obligation to provide solid waste
collection services and residential recycling services within the City boundaries, present and
future, subject to the limitations and conditions set forth in this Franchise Agreement. City will
obtain vested title to all waste materials covered by this Franchise Agreement and generated
within the corporate limits of the City when placed at the curb by residential customers or when
placed in an approved collection receptacle described in Paragraph 11 below until same are
collected by Contractor, at which time, title shall pass to Contractor. Contractor agrees to
commence servicing newly annexed areas within 24 hours after official written notification by
the City acting through the City Clerk's office, unless services to annexed areas require that some
other business (other than Waste Management, Inc. of Florida or its affiliates which was the
service provider prior to annexation) remain the service provider pursuant to Florida Statutes
171.062(4), (2002) or its successor. Southern Sanitation Service, a division of Waste
Management Inc. of Fl01ida, or any other division of Contractor, acceptable to the City shall
perfo1m the obligations of collecting all waste materials covered by this Franchise Agreement
through any recognized division of the Contractor. All such divisions shall be registered with the
office of the City Clerk.
2. TERM
Subject to the termination privileges set forth in Paragraph 23 hereof, the franchise,
license or permit herein granted shall be and remain in full force and effect from 7:00 A.M. on
the first day of October, 2009 to September 30, 2013. ; provided furthermore, this franchise shall
thereafter be automatically renewed for an additional two (2) year period under the same terms,
conditions and limitations imposed hereby unless the Contractor or the City shall give notice to
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the other of an intent not to extend this Agreement which said notice shall be delivered by
Cettified Mail, Return Receipt Requested, not later than 120 days prior to September 30, 2013 .
For purposes of such notification the City's address shall be: Chief Executive Officer of City of
Plantation with a copy to the City Attorney, 400 N.W. 73rd Avenue, Plantation, Florida 33317
and the Contractor's place of notification shall be: District Manager Southern Sanitation Service,
3831 N.W. 21st Avenue, Pompano Beach, Florida 33073 with a copy to Florida Region Counsel,
Waste Management, Inc. of Florida, 2700 N.W. 48th Street, Pompano Beach, Florida 33073. The
Contractor shall notify the City in writing not less than thirty (3 0) days prior to the
commencement of the aforesaid 120 day period of the upcoming beginning of the 120 day
period.
3. SERVICE
A. Residential
All persons occupying or maintaining a place of residence in single, duplex, or triplex
family dwellings, multiple dwellings, and trailer parks shall be provided regular solid waste
collection service at least two (2) times per week under this Franchise Agreement. In the event
a multiple dwelling residential propetty elects, with the consent of the City, to provide for solid
waste collection service through the use of compaction equipment, then service may be reduced
to one (1) time per week. For those residents in Plantation Acres, Maleleuca Isles and Hawk's
Landing using toter carts, Contractor shall establish a vacation credit policy as more fully
described in Exhibit "E" which is attached hereto and made a part hereof.
B. Commercial
All commercial locations excluding multi dwellings, shall be provided regular scheduled
solid waste collection service according to the stated conditions as to each individual service
agreement. Contractor is authorized to enter into service agreements with its commercial and
multi-family residential customers for additional kinds or types of service; however, nothing in
the service agreement shall alter or contravene the terms of this Franchise Agreement. The
applicable rates for franchised services are set forth on Exhibit "A'.'. In the event of a conflict
between the terms of the service agreement and this Franchise .Agreement, the terms of the
Franchise Agreement shall control. All locations are required to receive such service. The
service agreement may provide customary contract clauses such as when accounts are past due,
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interest at a legal rate on past due accounts, penalties for late payment, and recovery of costs
(such as court costs, expenses, and reasonable attomeys' fees) if litigation to enforce the service
agreement becomes necessary, and shall expire (or be terminated) upon the expiry date (or
termination date) of this Franchise.
4. HOURS
A. Residential
Collections shall normally be made in residential areas beginning no earlier than 7:00
AM. and normally ending by 7:00 P.M., with no service on Sunday, except in time of
emergency or to maintain schedules due to holidays; provided, however, that if the Contractor
has an equipment breakdown, it shall be relieved from commencing collection at 7:00 AM. for
the route being served by such equipment experiencing operating difficulties; provided, further,
that such route shall be fully collected by the Contractor with substitute equipment that day.
Should sufficient complaints merit a change in commencement of residential collections, a
meeting shall be held between the City Council and the Contractor and a substitute time for
commencement of residential collections (no later than 7:45 AM.) shall be agreed upon between
the City and the Contractor following such meeting.
B. Commercial
Colleetions shall be made between the hours of 5:00 AM. and 9:00 P.M., with the
exception of shopping centers and primarily business and industrial centers, where collections at
night or early moming hours do not disturb the immediate residential area.
5. RESIDENTIAL SPILLAGE AND LITTER
The Contractor shall not litter premises in the process of making curbside collections, or
in hauling the solid waste materials once so collected. In the event of spillage by the Contractor
or in the event of accidental spillage, or animal spillage prior to collection by the Contractor, the
Contractor shall promptly clean up all such litter from such spillage. The Contractor shall not be
required to collect any material except as otherwise provided in the Franchise Agreement that
has not been placed in approved containers or plastic bags in the manner herein provided.
6. APPROVED CONTAINER
A portion of the City now !mown as "Plantation Acres", "Maleleuca Isles" and "Hawks
Landing" (excluding trailer parks) use Toter Carts (as hereinafter defined) and such method of
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collection shall continue at the discretion of the City Council who may require such areas to
conve1t to the plastic liner bag method of collection for residential accounts. All other areas of
·the City, including newly annexed ai".as, shall be limited to a plastic liner bag method of
collection for residential accounts. Commercial containers to be approved by the City shall be
used on all non-residential accounts and multi-fainily accounts as herein defined.
7. SPECIAL MATERIALS
A. Construction, Demolition And Renovation Debris
Notwithstanding anything else to the contrary in this Agreement, the collection aiid
disposal of Construction, Demolition, and Renovation Debris shall not be exclusive to the
Contractor under the terms of this Franchise Agreement. Such activities shall be conducted
pursuaiit to the City Code of Ordinaiices.
B. Special Waste
Contractor shall undertake the collection, traiisportation aiid disposal of special waste
items as listed in Exhibit "B" as negotiated between the Contractor aiid the Owner (Generator)
thereof. When requested, the City shall act as mediator between the Contractor and the Owner
(Generator) of the special waste material as to the rate to be charged and the removal of the item.
8. COLLECTION EQUIPMENT
The Contractor shall have on hand at all times, in good working order, such equipment as
shall permit the Contractor, adequately aiid efficiently, to pe1form its duties hereunder.
Equipment shall be purchased from nationally known and recognized manufactmers of
gai·bage collection aiid disposal equipment. Garbage collection equipment shall be of the
enclosed, loadpacker type and all equipment shall be kept in good repair, appearaiice and in a
saiiitai·y clean condition at all times. The Contractor shall have available to it, at all times,
reserve equipment which caii be put into service aiid operation within two (2) hours of aiiy
brealcdown. Such reserve equipment shall be used by the Contractor to perform its duties herein.
If requested by City, Contractor agrees to use its best eff01ts to obtain favorable pricing
from its vendors for the purchase of the equipment
From time to time, the City may request Contractor to provide pricing on various
equipment aiid machinery that City wishes to purchase; and to that end, Contractor will use its
reasonable conunercial efforts to utilize its buying power in the marketplace to offer such
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equipment and machinery to the City as closely as possible to Contractor's cost (the intent being
that to the extent City may save tax dollars purchasing equipment and machinery tln-ough the
Contractor that may be at a price more favorable than that available from competitive bids or
otherwise available, City may take advantage of Contractor's purchasing power). Contractor
shall provide City with $90,000 (Ninety thousand dollars) as a contribution toward the purchase
of a pull-behind chipper and a dump truck for City use.
9. OFFICE
The Contractor's office, as heretofore designated for notice purposes in Paragraph 2
hereof, shall remain open Monday through Friday 8:30 AM. to 5:00 P.M. and Saturday from
8:30 AM. to 12:00 P.M. for the purpose of handling complaints; and, for that purpose, there
shall be maintained adequate telephones and responsible person( s) in charge during such
business hours. Said office shall not be so staffed during legal holidays. The Contractor shall
provide the Mayor or her designated representative with one or more telephone numbers to be
utilized in the case of an emergency.
10. DISPOSAL
All processable solid wastes for disposal as defined in the Interlocal Agreement
previously entered into between the City and Broward County shall be delivered to the
Wheelabrator Waste to Energy Facilities. Should the City direct, upon the giving of thi1iy (30)
days prior written notice, the Contractor to haul to any other facility located in Broward County
then the parties shall negotiate a transpo1tation cost add on to be paid to the Contractor by the
City. The pmties acknowledge that they are making this contractual provision at arm's length
and wifu adequate consideration, and are not making this clause as a result of any local "flow
control" legislation or any "flow control" provisions of the Inter!ocal Agreement referenced in
this paragraph.
11. DEFINITIONS
Commercial - shall mean and include all multi-dwellings not owner occupied. It shall
further mean all commercial, office and industrial establishments including, but not limited to,
hotel, motel, restaurant, food store, hospital, school, church, governmental building, professional
office, wholesale or industrial facilities and any enterprise offering goods and services to fue
public at which garbage and trash is generated.
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Construction and Demolition Debris - means discarded materials generally considered
to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass,
brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the
construction or destruction of a structure as pait of a construction or demolition project or from
the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative
matter that no1mally results from land clearing or land development operations for a construction
project, including such debris from construction of structures at a site remote from the
construction or demolition project site. Mixing of construction and demolition debris with other
types of solid waste will cause it to be classified as other than construction and demolition
debris. The term also includes:
(a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction
project;
(b) De minimis amounts of other nonhazardous wastes that are generated at
construction or destruction projects, provided such amounts are consistent with best management
practices of the industry.
Duplex - shall mean and include a detached two-family structure designed or intended
for occupancy by two (2) families.
Garbage - shall mean and include all waste and accumulation of animal, fruit, or
vegetable matter that attends or results from the preparation, use, handling, cooking, serving or
storage of meats, fish, fowl, fruit, vegetable matter of any nature whatsoever, which is subject to
decay, putrefaction and the generation of noxious ai1d offensive gases or odors, or which may
serve as breeding or feeding materials for flies and/or germ-caizying insects.
Hazardous Materials - shall mean wastes that are hazardous by reason of their
pathological, explosive, radiological or toxic characteristics.
Horticultural Debris - shall mean accumulation of shrubbe1y cuttings, palm fronds,
small tree branches (not to exceed four ( 4) feet in length and four ( 4) inches in diameter), bushes
or shiubs, or other matter usually created as refuse in the care of hedges, bushes and trees, except
large branches, trees or bulky or non-combustible materials not susceptible to normal loading
and collection in "load-packer" type sanitation equipment used for regular collections from
domestic households (tree trimmings and palm fronds shall be tied in bundles not exceeding four
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(4) feet in length, not weighing over forty (40) pounds, and placed at the curb for pick-up).
Horticultural debris shall not be deemed to include grass clippings or leaves.
Industrial - shall mean establishments generating waste accumulation of metal, metal
products,· minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber,
tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses, or other
materials usually created by industrial enterprise.
Multi-dwelling - shall mean and include any building or structure containing four ( 4) or
more contiguous living units [exclusive of townhouses as defined in sub-part ( d) above] and
intended exclusively for . residential occupancy. Each unit of a multi-dwelling residential
structure shall be considered a separate dwelling unit.
Plastic Liners - shall mean City approved and identifiable plastic bags or liners of at
least 1.70 mil quality of the new generation linear material or equivalent. Such bags or liners
shall have the following minimum specifications:
(c) Elmendorf Tear [(American Society Testing & Materials (ASTM) D922 (D-
Polyethylene Plastics Committee) after the film has a slight tear the film will withstand x(g) of
Elemendorfforce before it brealcs] -MD of 534 and TD of930; and
(d) Break Elongation [(ASTM-D882) is the amount a 10 inch long piece will stretch
before it breaks) MD of 642 and TD of 660; and,
(e) Tensile Strength [(ASTM-D638) (a/k/a "ultimate tensile" is the pounds per square
inch the film will absorb before it brealcs)- MD of 6312 and TD of 5672; and,
(f) Impact Resistance Dart Drop [(ASTM-Dl 709A) when stretched how resistant the
film is to a weight with a rounded head] - 228(g); and,
(g) Seam Strength [(ASTM-D4884) This test method covers the measurement of the
maximum w~ld strength which can be achieved when a force is applied perpendicular to the
seam before it separates) - MD of 534 and TD of 930.
(h) MD = Machine Direction means film was tested in the direction the film was
extruded from the die (molecules line up more evenly in this direction)
(i) TD = Traverse Direction means the film is tested in a 90 degree turn from the
MD. This direction is slightly stronger, as the molecules are more randomly dispersed.
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Residence - shall mean and include a detached single-family structure designed or
intended for occupancy by one person or by one family. Each trailer or pad shall be deemed a
"residence".
Residential/Commercial - shall mean and include all multi-dwellings which are not
owner occupied complexes.
Residential Trash - shall mean every waste accumulation of paper, sweepings, dust,
rags, bottles, cans or other matter of any kind, other than garbage, which is usually attendant to
housekeeping:
Roll-Off Container/Container - shall mean and include any detachable metal container
designed or intended to be mechanically serviced by Contractor and va1ying in size from two (2)
to forty ( 40) cubic yards.
Special Material - as defined in paragraph 7.
Toter Carts - shall mean a 96 gallon wheeled cart.
Townhouse - shall mean attached single-family stluctures of four (4) or more units.
Townhouses shall use either Plastic Liners or Containers [as defined in 11 ( o )] as determined by
a majority of townhouse owners in such overall townhouse complex of townhouse structures.
However, Townhouses located in Plantation Acres, Maleleuca Isles and Hawks Landing shall us
either Toter Carts or Containers as determined by the aforestated majority of owners.
Triplex - shall mean and include a detached three-family structure designed or intended
for occupancy by three (3) families.
Contract Administrator - The Mayor or whomever is designated by the Mayor to
Administer this Franchise Agreement on behalf of the City.
12. CHARGES AND RATES
For any services required to be perfo1med under this Franchise Agreement, the charges
shall not exceed the rates as fixed or provided by this Franchise Agreement for the collection of
solid waste as herein provided.
A. Non-Accessible Locations
Buildings, either residential or commercial in nature, so constrncted as to be non
accessible by normal collection equipment shall be subject to rates negotiated between the
Contractor and the building owners and/or tenants subject to ratification by the City acting
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through the City Council. All such negotiated and ratified rates shall be so approved by the City
before such service commences.
B. Disposal Fees
The rates set forth in the Franchise Agreement on Exhibit "A" include the disposal fees in
effect in Broward County as of October 1, 2009. Any change in the disposal fees after that date
shall result in a conesponding increase in all garbage rates on the effective date of the change in
disposal fee rates. The charge shall be computed as follows:
(i) Commercial Dumpsters: $.085 a yard for each $1 disposal fee per ton
charge
(ii) Residential/Commercial Dumpsters: $.05 a yard for each $1 disposal fee
per ton charge
(iii) Plastic Liner Bags: $.015 a bag per each $1 disposal fee per ton charge
(iv) Residential Toter Caits: $.145 a unit per month for each $1 disposal fee
per ton charge
(v) Rolloff: A direct pass through
Such figure shall be rounded off to the nearest $.01 and all such calculations are
exclusive of any franchise fee which the City may determine to add at its discretion.
13. LOCATION
All solid waste, both residential and commercial, shall be placed at a location, prior to
scheduled collection, that is readily accessible to the Contractor's personnel.
Except as otherwise provided herein, Residential Trash and garbage must be in City
approved and identifiable plastic liners which shall be placed at a single collection point, within
five (5) feet of the curb or street, not weighing more than fifty (50) pounds and secured at the top
so that no spillage shall occur when the Contractor removes the bag and places it in the
collection vehicle. Horticultural Debris must be tied in bundles described herein and placed at a
single collection point within five (5) feet of curb or street and accompanied with an approved
City bag which may be appropriately filled with refuse.
14. ADJUSTMENT OF CHARGES
In addition to the automatic increase in the charges for collection of solid waste materials
attributable to increased disposal fees as set forth in Paragraph 12B hereof, the rates approved
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hereby shall periodically be adjusted to reflect the inflationary or deflationary costs of doing
business, measured by 80% for single family residential services and 100% for all other services
of the fluctuations in the consumer price index (CPI), as published by the U. S. Depaiiment of
Labor, Bureau of Labor Statistics (All Urbau Consumers in the Miami/Fort Lauderdale Area) or
its successor agency, for the previous 12 months from June to June plus the corresponding
frauchise fee percentage adjustment. However, auy CPI adjustment shall be limited to a
maximum of 4% in auy one yeai· after the 80% for single family residential services aud 100%
for all other services has been applied to the applicable CPI percentage [and to the extent the
calculated CPI adjustment exceeds the four percent ( 4%) maximum so as to not be charged, such
excess shall not be CatTied forward or added to the CPI calculations for the following year].
Such CPI adjustments shall commence on October 1, 2009 and each October 1 thereafter.
Notwithstanding the foregoing, the Contractor has waived any CPI adjustment to bag prices.
Fuel Adjustment. Further, the parties shall, on an aunual basis, adjust the applicable rate
charged to reflect any chauge in the cost of diesel fuel as determined by reference to the Energy
Infmmation Administration of the US Department of Energy ("EIA/DOE") website that repo1is ' .
average prices of diesel fuel for the "Lower Atlantic" United States on a weekly basis. The link
is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp . After determining the price of
diesel fuel from the aforesaid website ("EIAIDOE fuel cost") aud computing an average from
the month of Februaiy through the month of February the colTesponding fuel cost modifier will
be calculated pursuaut to the table set forth below. Accordingly, the first adjustment shall utilize
the average rate computed form February 2009 through Februmy 2010. The table shall be
utilized to compute the increase or decrease in chai-ges relating to the collection component of
the rate. Fuel adjustments shall not be made to the disposal and franchise fee components. The
adjusted rates shall be effective October 1. If not shown on the table below (Table 1), prices and
percentage of surchmge shall be extrapolated from the data shown.
10
Table 1- Fuel Surcharge Calculation Table Waste Management - Plantation
Average Price/ Gallon Percent of Average Price/ Gallon Percent of Surcharge Surcharge
$ 1.495 to $ 1.585 -7.0% $ 2.905 to $ 3.004 1.0%
$ 1.586 to $ 1.676 -6.0% $ 3.005 to $ 3.104 2.0% $ 1.677 to $ 1.767 -5.0% $ 3.105 to $ 3.204 3.0% $ 1.768 to $ 1.858 -4.0% $ 3.205 to $ 3.304 4.0% $ 1.859 to $ 1.949 -3.0% $ 3.305 to $ 3.404 5.0% $ 1.950 to $ 2.040 -2.0% $ 3.405 to $ 3.504 6.0% $ 2.041 to $ 2.131 -1.0% $ 3.505 to $ 3.604 7.0% $ 2.132 to $ 2.222 0.0% $ 3.605 to $ 3.704 8.0% $ 2.223 to $ 2.313 0.0% $ 3.705 to $ 3.804 9.0% $ 2.314 to $ 2.404 0.0% $ 3.805 to $ 3.904 10.0% $ 2.405 to $ 2.504 0.0% $ 3.905 to $ 4.004 11.0% $ 2.505 to $ 2.604 0.0% $ 4.005 to $ 4.104 12.0% $ 2.605 to $ 2.704 0.0% $ 4.105 to $ 4.204 13.0% $ 2.705 to $ 2.804 0.0% $ 4.205 to $ 4.304 14.0% $ 2.805 to $ 2.904 0.0% $ 4.305 to $ 4.404 15.0%
http ://ton to.eia. doe.gov/oog/info/wohdp/ diesel.asp Weekly Retail On-High\vay Diesel Prices -Lower Atlantic Baseline Price-$2.505/gallon as of 07/27/09
15. UNUSUAL COSTS ADJUSTMENT AND REALLOCATIONS
The Contractor may petition the City to adjust Contractor's rates based upon
extraordinary, significant, and unanticipated increases in the cost of doing business, including
but not limited to those attributable to a change in law or regulation ("Change in Law"). Any
such request shall be supported by full documentation establishing the increase in operating costs
and the reasons therefor. The City shall be entitled to audit the Contractor's financial and
operational records directly related to the Contractor's request in order to verify the increase in
costs and the reasons therefor.
"Change in Law" means (i) the adoption, promulgation, or modification after the date of
this Agreement of any law, regulation, order, statute, ordinance, or rule that was not adopted,
promulgated, or modified on or before the date of this Agreement, or (ii) the imposition of any
material conditions in connection with the issuance, renewal, or modification of any pe1mit,
license, or approval after the date of this Agreement , which in the case of either (i) or (ii) '
establishes requirements affecting the Contractor's operation under this Agreement more
burdensome than the requirements that are applicable to Contractor and in effect as of the date of
this Agreement. A change in any federal, State, county, or other tax law or workers
11
compensation law shall not be a Change of Law. However, in the event that a federal, state or
local entity imposes a fee, charge or tax after the date of this Agreement that applies to
Contractor's operations per se, such fee, charge or tax shall be treated as a Change in Law.
The Contractor's request must be made within one hundred twenty (120) days of the
occurrence of such unusual change or cost, and shall contain reasonable proof and justification
to supp01t the need for the rate adjustment. The City may request from the Contractor, and the
Contractor shall provide, such further information within its possession as may be reasonably
necessary in making its dete1mination. The City shall approve or deny the request, in whole or
in pait, within sixty ( 60) days of receipt of the request and all other additional information
required by the City. The City shall make a reasonable determination based upon the
documentation provided in reaching its decision.
The City shall have the discretion to reallocate any rate adjustments whether from i)
disposal fee, ii) C.P .I. or iii) unusual costs as between the various classes of users so long as the
result of such reallocation is revenue neutral to the Contractor. For example, a 2.7% C.P.I.
adjustment increase on October 1, 2009 may be reallocated to a higher percentage for a
commercial and lower percentage increase for residential so long as the same total revenue is
produced to the Contractor.
16. ADVANCE NOTICE OF RATE CHANGES.
Contractor shall advise the City of Plantation in advance of any change in charges or
rates at a City Council meeting. As an alternative to said advice being verbally given at a City
Council meeting, the Contractor may instead so advise the City by written notice so long as it is
timely done wherein there is an intervening scheduled meeting of the City Council between the
receipt of the Notice by the City and the effective date of the change in charges or rates. This
includes, but is not limited to, charges occasioned by actions of Broward County or any other
governmental agency, changes in the disposal fee, rate or charge changes occasioned by indexes,
or any other matters affecting rates, charges, or impending unusual cost adjustments.
17. BILLING- RESIDENTIAL/COMMERCIAL
A. Residential
Continuing on October 1, 2009, the City shall charge and collect from all residential
units a monthly service fee (the "Availability Fee") as set forth in Exhibit A. Such Availability
12
Fee shall be included on the utility bills to residential units and shall be subject to the CPI
adjustment as provided in Section 14 ofthisAgreement.
All residential units shall purchase City-approved and identifiable plastic bag liners as
provided by the Contractor from approved distribution points within the City limits. There shall
be at least one such distribution point for each 8,000 population unit of the City. In determining
the distribution points the Contractor shall endeavor to locate them throughout the City limits of
the City rather than concentrating them on major arterial highways. The Contractor shall
maintain a current list of distribution points in the office of the City Clerk. The rate for these
bags shall be as set forth in Exhibit A. Back door service fees for those households using plastic
liners is as set forth in Exhibit A; however, back door service fees will be waived for dwelling
units where all occupants over the age of sixteen (16) years are disabled in a mauner that
prevents set out at the right of way. All requests for a back door service fee waiver must be
submitted to the Contract Administrator, and shall be accompanied with a physician's letter
which explains the extent and nature of each person's disability. In the event the back door
service fee waiver is approved, the Contract Administrator shall notify the Contractor.
Regardless of whether a back door service fee waiver is approved, the point of collection for
back door service shall be at the back or side yard or such other location as is mutually agreeable
to the Contractor and the Customer, with the Contract Administrator resolving any
disagreements. The Contractor shall provide back door service on the same collection day as
when residential service would otherwise be provided to the dwelling unit.
The areas known as "Plantation Acres," "Maleleuca Isles" and "Hawks Landing"
(excluding trailer parks) shall be allowed one 96-gallon wheeled Toter Cart as defined in Section
11 per pick-up placed within five (5) feet of the road. The rate for this service shall be as set
forth on Exhibit A. All residents in these areas shall be billed quarterly by the Contractor and in
advance. Back door service fees for those households Toter carts is as set forth in Exhibit A;
however, back door service fees will be waived for dwelling units where all occupants over the
age of sixteen (16) years are disabled in a mauner that prevents set out at the right of way. All
requests for a back door service fee waiver must be submitted to the Contract Administrator, and
shall be accompanied with a physician's letter which explains the extent and nature of each
person's disability. In the event the back door service fee waiver is approved, the Contract
Administrator shall notify the Contractor. Regardless of whether a back door service fee waiver
13
is approved, the point of collection for back door service shall be at the back or side yard or such
other location as is mutually agreeable to the Contractor and the Customer, with the Contract
Administrator resolving any disagreements. The Contractor shall provide back door service on
the same collection day as when residential service would otherwise be provided to the dwelling
unit.
The afore described Toter Catt shall be utilized by the residents for the disposal of their
Garbage, Residential Trash, and to the extent that it will fit therein their Horticultural Debris, all
as the same is generated within the residential household. The City and the Contractor shall
cooperate in the urging of the residents to utilize the Toter Catt for the disposal of their
Horticultural Debris so as to expedite the clean and efficient collection process by the
Contractor. However, the Contractor shall be responsible for the collection of Horticultural
Debris properly placed outside of and beside the Toter Cart.
The ownership of the Toter Carts shall remain with the Contractor. The Contractor may
require the recipient of each Toter Cart to sign a receipt. After the initial distribution by the
Contractor of the Toter Carts, then the Contractor shall be responsible for supplying Toter Carts
for newly occupied residential units free of charge and for replacement of lost or damaged Toter
Catts with a replacement charge to the resident at Contractor's cost. The City shall periodically
notify the Contractor as new residences entitled to this service at'e issued a Ce1tificate of
Occupancy. The Contractor's charge for garbage collection service to a new resident shall begin
the next collection day after the delivery of the Toter Cart by the Contractor to the resident. At
the termination of this Franchise Agreement, the Contractor may reclaim possession of the Toter
Catts as previously delivered to the residents including the replacement Toter Catts, and shall do
so if directed by the City at a predetermined pick up date agreed to by the City and the
Contractor.
There shall be no charge for City waste collection to the extent set forth on attached
Exhibit "C".
B. Commercial
See attached Exhibit "A", as attached hereto.
C. Rate Adjustment
The rates set forth on Exhibit "A" shall be effective October 1, 2009. In the event of a
. disposal fee adjustment on or about October 1 2009, the said adjustment shall result in a
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corresponding increase or decrease in the rates set f01ih on Exhibit "A" so as to reflect such
adjustment.
D. Franchise Fee
The rates set f01ih in Exhibit "A" do reflect the franchise fee to be received by the City.
Such fee shall be paid monthly by the Contractor to the City based on the monies collected by
the Contractor in the previous month. Contractor shall use generally accepted accounting
practices to calculate and account for City's franchise fees.
At the time of any change in the rates from those set forth in Exhibit A, the City shall
have the discretion of setting the applicable franchise fee to accompany such change of rates.
E. Billing Transition
As part of the Contractor's duties and obligations, the Contractor shall provide
administrative services to the City, at no additional charge and expense, sufficient to bill all of
the City's customers for services provided pursuant to this franchise at the franchised rates and
charges therefor, shall collect the revenue, and from such collections, shall pay the City the
franchise fees due the City, in addition to other charges and fees as may be due to the City.
Interest and penalties on such franchisee billing may be kept by the Franchisee, and the costs of
collection of delinquent accounts shall be borne solely by the Franchisee. Notwithstanding the
prior sentences, for franchised solid waste and recycling services to residential dwelling units
within Plantation which pay for these services through a combination of qualified bag purchases
and monthly service fees (inclusive of franchise fees), the City shall begin, at the City's sole
expense, charging a monthly service fee continuing with the first bill in October 1, 2009;
additionally and for franchised solid waste and recycling services to residential dwelling units
within Plantation which use the Toter-Cart service system, the City shall begin to charge a
monthly service fee commencing when implemented by the City's Administration. As so
implemented, the City shall collect the revenue it receives from the monthly service fees for
residential dwelling unit solid waste and recycling services, and shall remit such collections once
a month to the Franchisee, less the retained franchise fee, and other charges and fees as may be
due to City. Interest and penalties on such City billing may be kept by the City, and the costs of
collection of delinquent accounts shall be home solely by the City. When, as, and if the City no
longer contracts with its franchisee to have the Franchisee bill and collect the City's authorized
15
fees and charges for some or all of the City's other franchised solid-waste or recycling services,
the City shall collect such authorized fees and charges and shall remit periodically to the
Franchisee so much of such collections as the City receives, less the retained franchise fee and
other charges and fees as may be due City and as may be agreed upon. The parties understand
that the City is transitioning into new financial services software that will enable it to have an
increased capacity to perform billing and collection functions, and the Franchisee agrees, when
notified by the City, to negotiate a good faith offset to its costs which would be saved by the City
assuming a billing and collection function otherwise perfo1med by the Franchisee as pait of its
duties herein. 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 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.
F. Post Franchise Collections
Upon termination or expiration of this Agreement, and for fees and charges which are
based upon actual collections, the parties shall, in good faith, continue to collect any and all
outstanding fees and charges due under this Agreement and remit to the other any funds due the
other. At the end of six ( 6) months following the te1mination or expiration of this Agreement,
the parties shall no longer be obligated to collect or remit funds to the other for previously billed
services.
18. RESIDENTIAL SERVICE - NEW AND DISCONTINUED
The Contractor shall commence service at any location within the contract area upon
notice from the City.
The Contractor shall discontinue collection service at any location when set fortb in a
written notice sent by the City. Upon furtber written notification by the City, the Contractor
shall resume se1vice. Nothing herein shall prevent the Contractor from discontinuing service due
to non-payment of monies owing to the Contractor after ten (10) days notice to the customer,
said notice to be sent after thirty (30) days delinquency in paying statements sent by Contractor
for services rendered, and to the City.
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19. COMPLAINTS
Contractor shall designate a supervisor to handle all customer pick-up complaints
generated within the City. This person shall have day to day authority to resolve day to day
customer pick-up complaints. All complaints shall be addressed within the next business day.
The Contractor shall prepare a form or maintain a register in its Broward County office of all
complaints on a form approved by the City and indicate the disposition of each. Such records
shall be available for City inspection at all times during business hours. The fmm shall indicate
the day and the hour on which the complaint was received and the day and the hour on which it
was resolved. When a complaint is received on the day preceding a holiday or on a Saturday
after 12:00 noon, it shall be serviced on the next working day.
For the purpose of measuring the Contractor's performance, a telephonic survey of
residential customers shall be performed annually at the Contractor's cost by an independent
market research company engaged by the Contractor and approved by the City. The market
research company shall employ acceptable industry standards in order to produce a statistically
reliable comparative evaluation of the level of satisfaction of the residents of the City of
Plantation. The City and Contractor shall jointly prepare the customer satisfaction survey
questions.
Contractor acknowledges that quarterly performance measures have been established for
the delivery of service for residential and commercial customers as follows:
(a) · After the initial annual survey the Contractor and City shall analyze the survey
data and establish a base level of customer service. In the event City elects that an additional .
survey be conducted, then the City shall notify Contractor. The cost of the second survey shall
be home by the City.
(b) After the survey results are complete the City and Contractor shall establish the
following levels of customer service:
(i) For residential service, the total number of quarterly valid service
complaints per 10,000 services is (to be set) complaints; the percentage of quarterly
service complaints not resolved within twenty-four (24) hours is (to be set); and the
annual minimum positive customer satisfaction response is (to be set).
(ii) For commercial service, the total number of quarterly valid service
complaints per 10,000 services is (to be set) complaints; the percentage of quarterly
17
service complaints not resolved within twenty-four (24) hours is (to be set) ; and the
semi-annual minimum positive customer satisfaction response is (to be set). For the
purpose of measuring the Contractor's perfotmance, fifty percent (50%) of the
commercial customers shall be surveyed annually through the mail through a minimum
six ( 6) item questionnaire, with said questionnaire being approved by City. The results of
the first year commercial survey shall serve as the base score for subsequent years of the
agreement.
(iii) In the event that the Contractor's performance does not meet the above
goals as outlined in this Section of the Agreement within a variance of three percent
(3%), the Contractor and City shall meet to discuss the reasons for same and dete1mine if
any fmther action is required. The City and Contractor may consider implementing the
following steps:
(iv) The Contractor shall perform an analysis of the survey data for the
purposes of dete1mining the reasons for the scores. This analytical report shall serve as
the basis for determining what corrective action needs to be taken, including a timetable
to complete the required corrective actions.
(v) If at the end of the established time frame for corrective action there is still
no improvement, then the Contractor shall initiate a quaiterly tracking procedure to count
the number of complaints per service type in order to establish a trend analysis.
(vi) If the Contractor fails to show improvement in the delivery of services
within an agreed upon time frame after the initiating of the tracking procedure, the
Contractor shall submit to City an extensive action plan that identifies the major problem
area together with an appropriate action plan to be approved by City. The submission of
the plan and the Contractor's adherence to the plan shall be monitored by City.
(vii) Contractor agrees to meet quaiterly during the months of January, April,
July, and October to discuss quality performance standards and any other operational
issues.
20. NOTIFICATION OF CUSTOMERS
The Contractor and the City shall agree as to the method which the Contractor will use to
notify all customers about complaint procedures, rates, regulations, and day(s) of collection.
18
Contractor also acknowledges its necessary role with the City in the promotion of the City's
efforts to info1m City residents about solid waste and recycling programs. As such, Contractor
will provide to the City at no cost the following support for these programs as may be reasonably
requested by the City:
(a) Design and layout services for promotional literature;
(b) Advertising and print media copy writing;
(c) Public affairs and public relations support;
( d) Public speakers for civic and business events; and,
( e) Introductory service guidelines.
21. ROUTES AND COLLECTIONS
The Contractor shall periodically provide the office of the City Clerk with schedules of
regular residential collection routes and shall keep such infomiation current at all times. In the
event of changes in routes or schedules that will alter the day of pick-up, the Contractor shall
notify each customer affected, by either (a) direct mail; (b) door hangers which the City Council
expressly approves for such purpose; or (c) an advertisement prominently displayed in the
neighborhood section of the Fort Lauderdale Sun Sentinel and the Broward Section of the Miami
Herald at least once, not less than one week prior to the change. All such proposed changes in
routes or schedules will also be immediately communicated to the office of the Mayor. The
Mayor shall have fourteen (14) days to advise Contractor of any objections to any changes to
regularly scheduled residential routes. If the paities cannot resolve those objections, then the
Contractor shall have the right to request a public hearing before the City Council. The City
Council shall hold a public hearing within thirty (30) days of Notice from the Contractor and the
City Council's decision shall be final with regard to changes to regularly scheduled residential
routes.
22. CONTRACTOR'S PERSONNEL
(a) The Contractor shall assign a qualified person or persons to be in charge of its day
to day operations in the City and shall give the name or names to the City including contact
info1mation. In addition Contractor designates Luigi Pace, its District Manager and Tony
Spadaccia, its Director of Government Affairs or their successors as the supervisors of this
Franchise Agreement and shall be available to the City to resolve issues relating to interpretation
19
and enforcement of this Franchise Agreement. This person(s) shall be responsible for all official
communications between the City and Contractor. In addition Contractor will be provided with
development plans submitted by applicants as part of the City's development review process.
Contractor agrees to review said development plans and provide comments to City staff. When
deemed necessary by the City, Contractor will provide at no cost a representative to appear as a
member of the City's development review committee. Contractor may change the assigned
person(s) by giving written notice to the Mayor or his or her designee.
(b) The City shall require that the Contractor's collection employees wear a clean
uniform or shirt bearing the Contractor's name.
( c) Each driver shall, at all times, carry a valid driver's license for the type of vehicle
he or she is driving.
( d) The City may request the dismissal of any employee of the Contractor who
allegedly violates any proVision hereof or who is otherwise allegedly wanton, negligent, or
discourteous in the perfotmance of his or her duties. Until a determination is made on whether
such allegations are true, such employee shall be placed by the Contractor on a different unit not
servicing or collecting waste materials from customers within the City and, if such allegations
are found to be true and correct by the Contractor after proper investigation, then such employee
shall either be terminated in his or her employ or permanently assigned to such other unit
servicing an area outside of the City.
( e) The Contractor shall provide operating and safety training for all personnel.
23. COLLECTION SERVICES
In and about the collection of horticultural debris, garbage and trash from residences,
multi-dwellings, commercial locations and other establishments in the City of Plantation, the
Contractor shall do and perfotm the following:
(a) Furnish residential garbage, trash and horticultural debris collection service to all
persons occupying or maintaining a place of residence in single, duplex, triplex or multi
dwellings.
(b) To furnish to commercial locations, including, but not limited to, multi-dwellings
using Containers as described in Section 11, commercial garbage, trash and horticultural debris
collection service as it deems necessary where all material is placed in an authorized container.
20
Where necessary to protect the public health, the City shall have the authority to require more
frequent collections and require the user to pay for such additional services.
( c) The Contractor shall furnish containers, as described in Section 11, for a
reasonable maintenance fee at all commercial locations and multi-dwelling locations which
containers shall be picked up and emptied at such times as shall insure adequate and sanitary
refuse removal services at such locations but no less than two (2) times per week at multi
dwelling locations. The maintenance fee shall be based upon Exhibit "A".
(d) Other provisions of this Franchise Agreement mandate a minimum franchised
level of service. However, the City may agree to change the minimum franchise level of service
(including container size, frequency of pickup, etc.) after considering the past history of waste,
cmrent type of business and waste, past and current waste generation rate, the impact of the
change on the Contractor's economies of routing and service (both by itself and given previous
service adjustments), likelihood of litter and odor, and other similar factors. If the Customer or
Contract.or desires to change the level of service, they must attempt to agree on the matter prior
to requesting the City to authorize a change. In the event a changed level of service cannot be
reasonably agreed upon, the City shall make the final determination. Requests from a Customer
or the Contractor for changes in level of service shall be evidenced by a service change request
form, in a format acceptable to the City, which shall be given to the City by the Contractor. The
service change request form shall be submitted to the City for approval within three (3) work
days of receipt of the form by the Contractor ifthe request originates from the Customer. If the
request is to be approved, the City shall approve the request in writing and shall provide the
Contractor with such written approval within ten (10) work days of receipt of the request from
the Contractor, unless the Mayor or his or her designee extends such ten (10) day time period. If
no approval is made within such time period, the request will be deemed denied. The City's
determination shall be final. The City may condition its approval such that if the conditions are
not met continuously, the approval may be revoked. Contractor shall not provide a change in
franchise service without receiving written permission from the City. Dming the te1m of this
Agreement, a written service agreement between the Contractor and the Customer may be
entered into regarding the level and type of service to be provided. The written service
agreement shall include rate infmmation as set forth in Exhibit "A" to this Agreement. The
name and address of the Customer and the name and address of the contact person for the
21
Customer, in a format as prescribed by the City shall be filed with the City within five (5) days
of the execution of the written service agreement. The City shall be furnished a copy of any
service agreement upon request.
( e) Deposit all horticultural debris, garbage and trash collected hereunder in approved
sites or facilities legally empowered to accept it as approved by the appropriate governmental
agencies.
(f) All residential garbage and trash required to be collected by the Contractor under
subparagraph (a) hereof shall be placed in City approved, identifiable plastic liners, excepting
those residential areas known as "Plantation Acres," "Maleleuca Isles" and "Hawks Landing"
shall have such refuse placed in Toter Carts as described in Section 11 above. All residences
using City approved and identifiable plastic liners shall utilize such number as to receive and
retain without spillage, garbage and trash accumulation of four ( 4) days from such residence.
(g) All routing and scheduling of trucks used by the Contractor for pick up of trash
and garbage from City approved and identifiable liners or containers shall be left to the
discretion of the Contractor subject to the City's approval rights in Section 21 to the end that
schedule pick-ups shall be reasonably equally spaced during each week and shall assure
maximum efficiency of operation.
(h) All City approved and identifiable liners to residences, shall be readily accessible
to the Contractor's crew. All approved containers shall be readily accessible by the Contractor's
crew.
(i) The Contractor shall not be required to, but may pick up refuse on legal holidays.
Further, should the Contractor miss scheduled pick-ups due to hurricanes or other causes beyond
its control, then it shall make every reasonable effort to make up any such lost days but shall not
be required to do so.
G) Employees of the Contractor shall not be required to expose themselves to the
danger of being bitten by vicious dogs in order to perform their duties hereunder.
(k) The Contractor shall make collections of garbage, trash and horticultural debris
with as little disturbance as possible. Such refuse may be transferred to tubs, hampers, or other
receptacles in can-ying the same to collection tiucks or other garbage removal equipment.
(1) The Contractor shall remove all leaves and grass clippings placed in City
approved and identifiable plastic liners securely tied at the top and not exceeding fifty (SO)
22
pounds in weight. Notwithstanding the pnor sentence, 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.
(m) The Contractor shall equip, maintain, and service a disposal transfer station site
for the use of the residents of the City of Plantation to be reimbursed to the Contractor by the
City at a negotiated price should the City determine to open a disposal transfer station within the
City.
(n) The Contractor shall pick up at residential curbside all bundled and tied cardboard
boxes that are too large to put within a Plastic Liner so long as the same are accompanied by at
least one Plastic Liner which Plastic Liner may be otherwise filled with Garbage or Residential
trash. Further, the Contractor shall provide a one time residential curbside collection service for
the removal of cof!"ugated cardboard moving boxes generated from the move into a residence by
the new occupant. Such cardboard boxes shall be broken down and flattened by the occupant
and placed at the curb on one of the two scheduled weekly pickup days. Each bundle must be
tied by the resident, not to exceed 36 inches by 36 inches by 24 inches and must be accompanied
by a City approved Plastic Liner as set forth above. This service shall also be provided to any
Plantation Acres Maleleuca Isle or Hawks Landing resident without the requirement of a Plastic
Liner. Additionally, the Contractor shall provide residential curbside collection service for the
removal of bundled piles of cardboard boxes, gift boxes, holiday wrappings, not to exceed 36
inches by 36 inches by 24 inches on any of the regularly scheduled collection days during the
period of December 15th tln·ough January 1st each year. Each bundled pile must be tied by the
resident and be accompanied by one City approved Plastic Liner for eve1y two bundles.
Plantation Acres, Maleleuca Isles and Hawks Landing shall have unlimited bundle pickup during
the described holiday period.
24. RECYCLING SERVICES
A. General
This Section 24 contains special clauses pertaining to the Contractor's contracted
Recycling Services to the City. Except as may be modified herein, all other portions of this
Franchise Agreement also pertain to the Contractor's provision of Recycling Services to the City.
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B. Definitions
For purposes of this Recycling Section 24, the following terms shall apply:
Materials Recovery Facility (MRF) - shall mean any facility designated by the
Contract Administrator which is designed, operated, and legally permitted for the purpose of
receiving, sorting, processing, storing, or preparing Recyclable Materials for sale and that meets
the requirements of Section 403. 7046 Florida Statute. Beginning with the initial recycling
service provided under this Contract and until such time as the City may designate an alternative
Materials Recycling Facility, the designated Materials Recycling Facility shall be the Broward
County Recovered Materials Processing Facility.
Recovered Materials - shall mean metal, paper, glass, plastic, textile, or rubber
materials that have known recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been removed from the solid waste stream for sale, use or reuse as
a raw materials, whether or not the materials require subsequent processing or separation from
each other, but does not include materials destined for any use that constitutes disposal.
Recovered materials, as described above, are not residential Solid Waste.
Recyclable Materials - shall mean those materials which are capable of being recycled
and which would otherwise be processed or disposed of as residential or commercial Solid
Waste.
Recycling Bags - shall mean clear plastic bags with City approved identifiable design of
at least 1. 70 mil quality of the new generation linear material or equivalent. The size shall be
24" x 32" in size. Such bags shall have the 2 following minimum specifications:
(a) Elmendorf Tear - MD of 534 and TD of 930;
(b) Elongation - MD of 642 and TD of 660;
(c) Tensile Strength-MD of6312 and TD of5672;
( d) Dart Drop - 228 (g); and Seam Strength - MD of 534 and TD of 930
Recycling Bin - shall mean a rigid container made of plastic of no less than 18 gallons of
capacity for use exclusively in Plantation Acres, Melaluca Isles and Hawks Landing.
Recycling Car - shall mean a rigid container made of plastic of no less than 90 gallons
of capacity for use exclusively by multi-family.
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Residential Unit - shall mean those dwelling units nsing plastic bags or Toter Cart for
their garbage and trash collection services. Multi-Family Residential Units are excluded from
this definition.
Multi-Family Residential Units - shall mean those dwelling units using dumpster type
containers for their garbage and trash collection services.
Resident - shall mean an Occupant of a Residential Unit, or occupant of any unit within
a Multi-Family Residential Unit complex.
Solid Waste - shall mean sludge unregulated under the federal Clean Water Act or Clean
Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution
control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including
solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial,
commercial, mining, agricultural, or governmental operations.
C. Scope of Services
Residents of Multi-Family Residential Units shall be instructed on the use of 96 gal.
Recycling Carts. Recycling Carts shall be made available to such Multi-Family complexes by
the Contractor. Residents of Residential Units shall be instructed to use Recycling Bags for of
Recyclable Materials which shall be purchased by such Residents at designated retail
establishments located in the City. Newspapers shall be placed in either brown kraft paper
grocery bag or a plastic grocery bag type number one or two that is acceptable to the MRF. The
price of such bags shall be seventeen cents (.17) per bag. In the event of any material increase in
the cost of such bags to the Contractor, then the Contractor may request of the City a
proportionate increase in the price of such bags to the Residents. The price of the bags shall be
exclusive of any City franchise fee. Contractor shall be the exclusive collector of all Recyclable
Materials which are generated by Residents and which materials shall be segregated by
Residents from normal household discards and placed at curbside of Residential Units or at an
accessible location for Multi-Fan1ily Residential Units as designated by the parties. Collection
shall be made from all Residential Units located in the City of Plantation. The recycling
collection services performed by Conh·actor shall be expanded to include all newly constrncted
Residential Units. Compensation for such expanded single family recycling collection services
shall be limited to bag revenue collections and the $2.00 per month service fee collections as
described in Exhibit A. The recycling collection services for Multi-Family Residential Units
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shall be provided by Contractor at those complexes as designated by the City. Such designated
complexes shall utilize Recycling Carts which shall be provided by the Contractor and delivered
to the Multi-Family Residential Units by the Contractor. Title to all Recyclable Materials when
placed at curbside or otherwise placed out for collection shall vest with the Contractor ( for the
benefit of the City). The City reserves the right to add or delete Recyclable Materials from the
City's approved list of materials that can be placed out for pick-up so long as any added
Recyclable Material is being accepted by the designated Materials Recovery Facility and those
materials can fit within the existing Recycling Bags. If the new Recyclable Material cannot fit
within the existing Recycling Bags then the parties shall negotiate a price for this new service ..
The list of materials can be expanded or contracted by the City from time-to-time. Recyclable
Materials currently being collected include newsprint, clear, green and brown glass containers,
steel cans, aluminum beverage containers, #1 PETE, PVC #3, #2 HDPE plastic containers,
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
32
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.
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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. '
39
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.
40
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.
41
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
43
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.
46
a. Friable asbestos from building demolition or cleaning; wall board, wall or ceiling
spray coverings, pipe insulation, etc. Non-friable asbestos (e.g., asbestos-containing floor tiles,
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
49
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
50
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
52
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
53
(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:
Availability Fee (per uni!lt $6.49 ($0.39) $6.10 ($0.08) #N/A $6.02 6.0% $0.38 $8.40 !$0.09l
Ba~s (garbage) $1.66 ($0.05) $1.61 #NIA $0.02 $1.63 3.1% $0.05 $1.68 $0.02.
Bags {recycling) $0.18 $0.00 $0.18 $0.00 #N/A $0.18 0.0% $0.00 $0.18 $0.00
Plan. Acres (toter carts} $27.52 ($1.65) $25.87 ($0.33) $0.24 $25.78 6.0% $1.65 $27.43 ($0.09)
Plan. kres (2nd Cart) $19.16 ($1.15) $18.01 ($0.23) $0.24 $18.02 6.0% $1.15 $19.17 $0.01
Plan. Acres (3rd Gart) $19.16 ($1.15) $18.01 ($023) $0.24 $18.02 6.0".4 $1.15 $19.17 $0.01
Back dear Bags (surchan $2.21 ($0.13) $2.08 ($0.03) #NIA $2.05 6.0% $0.13 $2.18 ($0.03)
Back doorToters (surch~ $10.81 ($0.65) $10.16 ($0.13) #NlA $10.03 6.0% $0.64 $10.67 ($0.14)
Recycfmg $2.08 $0.0.0 $2.08 ($0.03) #NIA $2.05 0.0% $0.00 $:a,05 .. ($0.03)
8/512009 Page 1 of4 Plantation_ Oct09.xls
. ..... ... : . ...... · .·.· , .......... :SOUTHERN··SANITAT!ON ... , ... ,, ....... :·...... .. . . .
~t:~~~f .. ;1f<~i1J:t.J~~tg~;f¥11W~%!.:,i'.:t~i.;&~li.~~~1fii~~~&~~J~~filrlil~lljJ~~l~[~~~fl~~~~~~r~r:~:fi~;;~·;.::~~:,~l;~,;~~f'..::.*;;!~'t~~.'. .. ·.· ... ···.·; DISPOSAi. RATEITON:
CPI Change:
Rate Comgonents:
Residential front-end service
loose yard
Compacted yard
Recycling
Optional Service<>:
Container maintenance
2yd
3yd
4yd
6yd
Syd
Casters per month
Short Rollouts (1xiweek)
Long Rollouts (1Xfweek)
Specials per yard
8/5/2009
Existing $96.86
All Urban Consumers/All Items Jun 08/June 09 Ft. Lauderdale/Miami "'Note: CPI waived until October 1, 2009
Old Rate Current Franchise Excluding CPI Iner
Rate Fee Fran Fee -1.60%
$12.73 ($0.76) $11.97 ($0.19)
$50.94 ($3.06) $47.88 ($0.76)
$1.20 $0.00 $1.20 ($0.02)
$28.70 ($1.72) $26.98 ($0.43)
$31.56 ($1.89) $29.67 ($0.47)
$34.40 ($2.06) $32.34 ($0.52)
$37.29 ($2.24) $35.05 ($0.56)
$40.16 ($2.41} $37.75 ($0.60)
$5.73 ($0.34) $5.39 ($0.09)
$21.52 ($1.29) $20.23 ($0.32)
$28.71 ($1.72) $26.99 ($0.43)
$16.51 ($0.99) $15.52 ($0.25)
New~
"'CPI -1.00% Residential Curbside
New Rate Disposal Excluding Fran Fee
Iner Fran Fee %
$0.08 $11.86 6.0%
$0.32 $47.44 6.0%
#NIA $1.18 0.0%
#NJA $26.55 6.0%
#NIA $29.20 6.0%
#NIA $31.82 6.0%
#NIA $34.49 6.0%
#NIA $37.15 6.0%
#NIA $5.30 ·5,0%
#NIA $19.91 6~0%
#NIA $26.56 6.0%
$0.08 $15.35 6.0o/o
Page 2 of 4
Iner (Deer) $1.64
100% 8o%
-1.SO% (Max 4%) -1.28%
Franchise I New Rate Fee Rate ~
$0.76 $12.62 ($0.11)
$3.03 $50.47 {$0.47)
$0.00 $1.18 ($0.02)
$1.69 $28.24 ($0.46)
$1.86 $31.06 i$0.50)
$2.03 $33.85 ($0.55)
$2.20 $36.69 £$0.60)
$2.37 $39.52 ($0.64)
$0.34 $5.64 ($0.09)
$1.27 $21.18 ($0.34)
$1.70 $28.26 ($0.45)
$0.98 $16.33 ($0.18)
Plantation_ Oc:t09.xls
. -...
~c :~·.~/.·: ~:··:: .· •
. . . • SO!)THERWSANITATION . . · · · . . ..
;:,':c ;,;:.:~;/i~i,i1;~'.~~:~it~t~~~~~~rl~J~l~~;~;~~~~~tt!r;t1~V;.;;:;);s;,;!/.c"1:.>-:.: .. -..• , . -_ .. _. -;:..·• .. /~.
DISPOSAL RATEITON: Existing $96.86
CPI Change: All Urban Consumers/All Items Jun O!lfJune 09 Ft. Lauderdale/Miami ''Note; CPI waived until October 1, 2009
Rate Components:
Commercial front•end service
Current
Rate
loose yard $16.12
Compacted yard (Ratio 4 $64.47
Optional Services:
Container maintenance
2yd
3yd
4yd
Syd
Syd
$34.40 = $37.29 = $40.16 =
~ $47.31 =
Casters per month $5.73
Short Rollouts (1xlweek) $24.19
Long Rollouts (1x/week) $31.55
Specials per yard $18.03
Old Rate Franchise Excluding ~ FranFee
~ $15.15
($3,87) $60.60
($2.06)
($2.24)
($2.41)
($2.67)
($2.84)
($0.34)
($1.45)
($1.89)
($1.08)
$32.34
$35.05
~ $41.80
$44.47
~ $22.74
~ $16.95
CPI Iner ·1.60%
($0.24)
($0.96)
($0.52)
($0.56)
($0.60}
($0.67)
($0.71)
($0.09)
($0.36)
($0.47)
($0.27)
New~
*CPI ·1.60% Residential Curbside
New Rate
Disposal Excluding Fran Fee Iner Fran Fee %
$0.14
$0.56
#NIA
#NIA
#NIA
#NIA
#NIA
#NIA
#NIA
#NIA
$0.14
$15.05
$60.20
$31.82
$34.49'
$37.15
$41.13
$43.76
$5.30
$22.38
$29.19
$16.82
6.0%
6.0%
6.0%
6.0%
6.0%
6.0%
6.0%
6.0%
6.0%
6.0"/o
6.0%
8/5/2009 Page 3 of 4
incr (Deer)
100% 8o%'"
Franchise Fee
$0.96
$3.64
$2.03
$2.20
$2.37
$2.63
$2.79
$0.34
$1.43
$1,86
$1.07
~ ·1.60% (Max 4%)
·1.28%
New Rate
$16.01 -$64.04 ~
$33,85 === $36.69 ~
$39.52 = $43,76 -$46.55 = ~
$23.81 = El.Q§.
~
Rate Adj
($0.11)
($0.43)
($0.55)
($0.60)
($0.64)
($0.71)
($0.76)
($0.09)
($0.38)
($0.50)
($0.1-4)
Plantation_Oct09.xls
, .. . . . . - , ... · . . .SOUTHERN;SANIT;/!.TlON . ,, · ,, ., , . . ' · · ·· ·· -· ,- "" ·. ,, __ ,:R"1i'sm:i:tt -~ <d-~''1'fPi''f·~u··'"'f;_,,,._,_.-;·,,-.1F:Yt1l1iii1f · .. -- --- .... ,.· - ,,., ;~~·:{~;~·;~1;;~~ ~- :\ __ ';: '.·:~ ;i:. _··~ ~~;;;/;:' ... :; ~~:~<:i~~~j.·,~:'~ ~.'.~,;.:-:.~~ .. :f:~~;2:~i~i;Q~ti~~tf ~~,~~;~!~:0:;~, ;,; ~-;-~~:;.;,;; /-,:'. ~~~;~~~5~:·-:~; :~~·;. :!·'~:.-.-' .~ .. ~ ':){~·~:'.:~~- ,.;· :: ·.:::;:··-~~·,
DISPOSAL RATEITON:
CPI Change:
Rate Components: Roll off:
Permanent Rolloff:
Service
Container Maintenance
15 yard container
20 yard container
30 yard container
• Processlble loads •
Existing $96.86
All Urban Consumers/All Items Jun 08/June 09 Ft. Lauderdalell\l!iaml ~Note: CPI walved tmtll October 1, 2009
current Rate
$237.06
$117.00
$124.46'
$131.87
Old Rate Franel1ise Excluding
Fee Fran Fee
($14.22} $222.84
{$7.02) $1 OS.SS
($7.47) $1 rn.99
($7.91) $123.es
CPI Iner -1.ll0%
($3.57)
{$1.76)
($1.87)
($1.98)
New~
*CPI ·1.60% Residential Curbside
Disposal Iner
#NIA
#NIA
#NIA
#NIA
New Rate Excluding Fran Fee
$219.27
$108.22
$115.12
$121.98
Fran Fee %
6.0%
6.0%
6.0%
6.0%
Iner (Deer)
100% 80%
Franel1ise Fee
$13.99
$6.9i
$7.35
$7.73
disposal is calculated based on actual weight of each load at the then current tonnage rate plus applicable franchise fee.
81512009 Page4of4
~ -1.60% (Max4%)
-1.W/o
New Rate
$233.26
$115.13
$122.47
$129.76
Rate Adj
($3.80)
($1.87)
{$1.99)
($2.11)
Plantatlon_Oct09.xls