CITY OF
PUBLIC
WORKS/UTILITIES DEPARTMENT
To: Mayor
and City Commission
From:
By:
Date: April 29, 2008
Subject: Second Reading: Ordinance to Award Solid Waste Services
Contract
As the City Commission is aware, the City currently has two contractors
that serve the City with solid waste and recycling services - Waste Management
in Broadview/Pompano Park area and Republic
Services of Florida, L.P. d/b/a All Service Refuse for the balance of the City. Both
of these contracts expire on September 30, 2008. At the January 24, 2008 Commission meeting,
the City Administration presented to the Commission several scenarios, which
were the result of negotiating with both companies. Since we were not able to
come to agreeable terms with Waste Management, staff recommended and the City
Commission supported proposal C-1 of those scenarios.
Per proposal C-1, we were able to work out an agreement with All-Service
Refuse to cover the entire City for both residential and commercial solid waste
services.
New Contract Highlights
·
Same service levels City wide
·
Contract term October 1, 2008 thru September 30,
2011
·
Residential pick-ups remain the same – 2 per week
and bulk pick-up on each service day
·
·
Fuel adjustment clause
·
Additional language as per the Commission’s requests
regarding spillage and litter
The City Commission approved the first reading of the attached ordinance
pertaining to the All Service Refuse contract on March 11, 2008. Tonight, we
are presenting it for a second reading and final adoption.
Recommendation
The City Administration recommends that the City Commission adopt on
first reading the attached ordinance approving the Franchise Agreement between Republic Services of Florida, L.P. d/b/a All
Service Refuse and the City of North Lauderdale for providing solid waste services throughout
the City.
ORDINANCE NO._______________
AN
ORDINANCE OF THE CITY OF NORTH LAUDERDALE, FLORIDA, TO APPROVE THE FRANCHISE
AGREEMENT WITH REPUBLIC SERVICES OF FLORIDA, L.P. D/B/A ALL SERVICE REFUSE (THE
"CONTRACTOR") PROVIDING FOR REFUSE AND TRASH REMOVAL, INCLUDING
RECYCLING SERVICES, ALL CONSISTENT WITH THE PROVISIONS OF SECTION 3.9 OF THE
CHARTER OF THE CITY OF NORTH LAUDERDALE, FLORIDA; PROVIDING FOR ADDITIONAL
FINDINGS AND CONCLUSIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR EFFECTIVE DATE
WHEREAS, the City of North
Lauderdale (“City”) provides solid waste and recycling collection and disposal
services to the residents and businesses located within the City; and
WHEREAS, The City Commission voted to
award the contract/franchise for solid waste and recycling collection and
disposal to Republic Services of Florida, Limited Partnership d/b/a All Service
Refuse, at its January 24, 2008 meeting; and
WHEREAS, All Service Refuse and the
City desire to enter into the contract for solid waste and recycling collection
and disposal ("Contract") to effectuate the provision of solid waste
and recycling collection and disposal services; and
WHEREAS, the City Commission hereby
determines this Contract to be in the best interests of the health, safety and
welfare of the citizens and residents of the City of
NOW,
THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The foregoing "WHEREAS" clauses are confirmed and
ratified as being true and correct and are hereby incorporated herein.
Section 2. The City Commission of the City of North Lauderdale does
hereby approve the Contract for Solid Waste and Recycling Collection and
Disposal with Republic Services of Florida, Limited Partnership d/b/a All
Service Refuse, attached hereto as Exhibit “A” and incorporated herein,
providing for certain solid waste and recycling collection and disposal
services.
Section 3. The City Manager of the City of North
Lauderdale, is hereby authorized and directed, on behalf of the City of North
Lauderdale, to execute and to otherwise enter into the Agreement for Solid
Waste/Recycling Collection Disposal Services by and between the City of North
Lauderdale and Republic Services of Florida, L.P. d/b/a All Service Refuse for
refuse and trash removal services, including recycling services in the City of
North Lauderdale.
Section 4. The City Manager of the City of North
Lauderdale, or his designee, be and the same is hereby authorized and directed
to do all things necessary and expedient in order to effectuate the execution
of the Agreement for Solid Waste/Recycling Collection Disposal Services,
including, but not limited, to the appropriating, budgeting, and implementation
of each of the terms, conditions, and provisions thereof, so as to best protect
the health, safety, and welfare of the citizens and residents of North
Lauderdale, in accordance with the Charter and Code of Ordinances of the City
of North Lauderdale, Florida.
Section 5. All other terms, conditions, and
provisions, shall be as set forth in the Agreement for Solid Waste/Recycling
Collection and Disposal Services, attached hereto and made a specific part
hereof.
Section 6. Severability. If any clause, section or other part of this Ordinance shall be
held by any court of competent jurisdiction to be unconstitutional or invalid,
such unconstitutional or invalid part shall be considered as eliminated and in
no way effecting the validity of the other provisions of this Ordinance.
Section 7. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts of Resolutions in conflict herewith, be and the same are repealed to the
extent of such conflict.
Section 8. Effective Date. That this Ordinance shall take effect immediately upon adoption.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE
CITY OF
PASSED ADOPTED BY THE CITY COMMISSION OF THE CITY
OF
APPROVED AS TO
FORM:
____________________________
___________________________ MAYOR JACK BRADY
SAMUEL S. GOREN, CITY
ATTORNEY _____________________________
VICE
MAYOR JOHN R. CANGEMI
ATTEST:
____________________________
P. VANCHERI
INTERIM CITY CLERK
SSG:DNT:js
H:\790287.NL\ORD\2008\All Service Agreement
(3-6-08).doc
CONTRACT
FOR
THIS CONTRACT made
and entered into the ________ day of ___________________, 2008, by and between
the CITY OF NORTH LAUDERDALE, a
municipal corporation of the State of Florida (hereinafter referred to as
"CITY"), acting by and
through its duly authorized City Commission and REPUBLIC SERVICES of FLORIDA
L.P. d/b/a ALL SERVICE REFUSE, (hereinafter referred to as "CONTRACTOR").
WITNESSETH
WHEREAS, the CONTRACTOR
and the CITY wish to set forth the
terms and conditions of this Contract/Franchise for the provision of a garbage
and trash collection and certain recycling services and
NOW THEREFORE, for the mutual benefits and other
considerations recited herein, the parties agree as follows:
SECTION I: FRANCHISE
(a) FRANCHISE - For a period of
three (3) years, CITY hereby grants CONTRACTOR the exclusive franchise and
the sole obligation to operate and maintain a comprehensive garbage, trash and
other refuse collection including roll-off and removal system and service as
well as recycling collection systems for residential customers in and for the
City of North Lauderdale except as specifically excluded in this contract. The CONTRACTOR
is authorized by CITY to enter in
and upon private property, in, upon over and across the present and future
streets, alleys, bridges, easements and other public places of the City of
North Lauderdale for the purposes of collecting the garbage, trash,
recyclables, and other refuse of the residents, inhabitants, businesses and
other entities existing within the municipal corporate limits of the City of
North Lauderdale, Broward County, Florida, in conformance with the Charter and
Ordinances of the City of North Lauderdale and other applicable law.
(b) TERM OF FRANCHISE - The term of
this Contract/Franchise shall be for three (3) consecutive years,
commencing on October 1, 2008 at 12:01 AM through September 30, 2011 at
11:59 PM for Solid Waste
& Recycling Collection and Disposal Services. The parties may, through the
execution of a written amendment to this Contract/Franchise, signed by both
parties, and in compliance with the City's Charter, agree to extend, amend or
alter this Contract/Franchise.
(c) FRANCHISE
FEE – In return for performing solid waste collection, disposal, and
recycling services within the City, CONTRACTOR shall pay the following
franchise fee to the CITY for the privilege of conducting and operating solid
waste collection, disposal, and recycling services on the public streets,
roads, alleys, and other thoroughfares of the CITY. The franchise fee, as indicated below, shall
be based on a percentage of the net amount charged to all customers located
within the CITY for solid waste collection, disposal, and recycling services,
as reflected in the CONTRACTOR’S financial books and records, and in the
agreements between the businesses and all of its customers in the CITY. The net amount charged to customers shall be
the amount charged to customers for solid waste collection, disposal, and
recycling services exclusive of any franchise fee. The franchise fee shall be paid to the CITY,
following receipt of the revenue from the customer, in monthly installments, by
the 15th day of the month.
Franchise Fee
Type
of Hauling Percentage
Commercial Trash 20
Residential Trash 20
(By
the way of example only, if the CONTRACTOR’S net charge to its customer for
solid waste collection, disposal, and recycling services is one hundred dollars
($100.00), then the franchise fee will be twenty dollars ($20.00). The
CONTRACTOR will be required to remit to the City the twenty dollars ($20.00)
franchise fee, following receipt of the one hundred dollar ($100.00) service
charge from the customer. Consequently,
the total amount billed to the customer would be one hundred twenty dollars
($120.00).
The
aforesaid payment shall be made to the CITY, by:
(1) CITY deducting franchise fee from the amounts
collected by CITY from the accounts served by CONTRACTOR, as provided herein,
or
(2) Collection and payment of franchise fee by
CONTRACTOR, as provided under Section VI of this agreement, shall be made to
the CITY by CONTRACTOR on a monthly basis.
Annually
on the 30th business day of the calendar year, the CONTRACTOR shall
file with the City Manager, or his designee, an application, in the form
provided by the CITY, which shall set forth all of the CONTRACTOR’S gross
receipts for the previous year for collection and disposal of solid waste
originating in the CITY, and permit the CITY, or its authorized agent, to
inspect and audit the CONTRACTOR’S financial books, reports and records in
order to insure proper payment of the franchise fee amount to the CITY. Any shortfall or overage discovered by the
CITY during an inspection of the CONTRACTOR’S records shall be paid by the
CONTRACTOR no later than thirty (30) days following receipt of written notice
from the CITY of such shortfall or overage.
SECTION
II: SERVICES TO BE PROVIDED BY CONTRACTOR
A. GARBAGE
CONTRACTOR shall provide all
solid waste collection and disposal service as well as recycling collection
systems for residential and non-residential customers within the corporate
limits of the City of
1a. RESIDENTIAL
CURB SERVICE - CONTRACTOR
shall pick up twice per week an unlimited volume of household refuse, grass
clippings, and yard trash from each residential unit. Said items shall be placed at the curb
(within five (5) feet of the street) and be contained in covered garbage cans
(32 gallon size or sealed
(twisted or tied at top) plastic bags which individually weigh no more than
forty (40) pounds. In addition,
branches, limbs and other bulky items shall be picked up when tied in bundles
which do not exceed five (5) feet in length and which weighs less than forty
(40) pounds per bundle.
1b. BULK
PICK-UP - CONTRACTOR shall
also pick up twice per week an unlimited amount of bulk items to include but
not limited to bulky household items, such as appliances discarded furniture
and other bulky items from residential curbside units. The CONTRACTOR shall not be required to pick up any solid waste, which
is not generated normally in household of the residents being
serviced. The CONTRACTOR shall not be required to pick up any appliance which
inherently contains refrigerant fluid or material, such as refrigerators, air
conditioning units and the like, unless such items have affixed thereto a
properly executed certificate or receipt certifying/saying that such fluid or
material has been removed. Notwithstanding, CONTRACTOR shall, when requested by the CITY, pick up any appliance, which contain refrigerant, CONTRACTOR shall be entitled to a
charge of a $25.00 fee to the customer, CITY
shall not be responsible for such fee. Further, the CONTRACTOR shall not be required to pick up any bulky item, which
cannot be reasonably handled by two men.
2. RESIDENTIAL
SIDE DOOR SERVICE - Each residential customer shall have the option of
electing side door service in lieu of curb service. When such election is made, in writing, to
the CITY, the CONTRACTOR shall pick up twice per week an unlimited amount of
household garbage from any location or from any in-ground receptacle when said
household garbage is placed in a conspicuous place and in garbage cans or
plastic bags. In addition, yard
clippings and yard trash shall be picked up at the curb the same as for
curbside residential customers.
Containers used will be the same as for residential curb service. Bulk items shall be placed at the curb for
pick up as defined in #1b above.
3. MULTI-FAMILY
RESIDENTIAL UNITS USING STANDARD CONTAINERIZED SERVICE - CONTRACTOR shall provide sizes,
numbers and types of containers necessary for efficient and sanitary services
based on the reasonable request of an authorized representative of multi-family
residential units. Service levels must meet city code. Said containers shall be furnished by the CONTRACTOR and shall be picked up as
frequently as volume demands but not less than twice per week. The size of containers and frequency of
pick-up shall be mutually agreed upon by the customer and the CONTRACTOR. Containers provided by the CONTRACTOR shall meet accepted industry
standards and be maintained by the CONTRACTOR
as necessary to maintain efficient and sanitary services. CONTRACTOR
shall supply to CITY, monthly a list
of all multi family residential accounts with their container size(s) and
frequency of pick-ups. CONTRACTOR shall notify customer if it
is deemed necessary to increase service and notify the CITY of their intention
to do so. The CITY will then record the information for back-up information for
Code Compliance.
4. MULTI-FAMILY
RESIDENTIAL UNITS USING COMPACTING EQUIPMENT IN CONNECTION WITH APPROVED
COMMERCIAL CONTAINERS - Containers will be provided and maintained by
the multi-family residential unit and be picked up by the CONTRACTOR as frequently as volume demands. The frequency of pick-up shall be mutually
agreed upon by the authorized representatives of the customer and the CONTRACTOR. Containers provided by customers shall meet
accepted industry standards and shall be maintained as necessary to maintain
efficient and sanitary services.
CONTRACTOR shall supply to CITY,
monthly a list of all multi family residential accounts with their container
size(s) and frequency of pick-ups. CONTRACTOR
shall notify customer if it is deemed necessary to increase service and notify
the CITY of their intention to do
so. The CITY will then record the information for back-up information for
Code Compliance.
5. MULTI
FAMILY BULK PICK-UP: CONTRACTOR shall
pick up bulk items
as defined in 1b above, at no cost to the multi family complex, or CITY. When the CITY
receives a call from a multi family resident, the CITY will coordinate with CONTRACTOR,
and CONTRACTOR shall remove the
item on an agreed upon day, which
shall be no later than 48 hours after
CITY contacts CONTRACTOR, and
such removal shall be accomplished during the hours setforth in Section III
herein.
6. COMMERCIAL
ESTABLISHMENTS USING STANDARD CONTAINERIZED SERVICE - CONTRACTOR shall provide sizes, numbers
and types of containers necessary for efficient and sanitary service based on
the request of an authorized representative of commercial establishments.
Service levels must meet city code. Said containers shall be furnished by the CONTRACTOR and shall be picked up as
frequently as volume demands but not less than twice per week. The size of containers and frequency of pick
up shall be mutually agreed upon by the customer and the CONTRACTOR. Containers
provided by the CONTRACTOR shall
meet accepted industry standards and shall be maintained by the CONTRACTOR as necessary to maintain
efficient and sanitary services.
CONTRACTOR shall supply to CITY,
monthly a list of all commercial accounts with their container size(s) and
frequency of pick-ups. CONTRACTOR
shall notify customer if it is deemed necessary to increase service and notify
the CITY of their intention to do
so. The CITY will then record the information for back-up information for
Code Compliance.
7. COMMERCIAL
ESTABLISHMENTS USING COMPACTING EQUIPMENT IN CONNECTION WITH APPROVED
COMMERCIAL CONTAINERS. -
Containers will be provided and maintained by the commercial establishment and
will be picked up by the CONTRACTOR
as frequently as volume demands. The
frequency of pick up shall be mutually agreed upon by the authorized
representative of the customer and the CONTRACTOR. Containers provided by customers shall meet
accepted industry standards and shall be maintained as necessary to maintain
efficient and sanitary services.
CONTRACTOR shall supply to CITY,
monthly a list of all commercial accounts with their container size(s) and
frequency of pick-ups. CONTRACTOR
shall notify customer if it is deemed necessary to increase service and notify
the CITY of their intention to do
so. The CITY will then record the information for back-up information for
Code Compliance.
8. CITY FACILITIES - Containers
shall be provided, maintained and picked up by the CONTRACTOR at no cost to the CITY
at the following locations:
|
Location |
Container Size & Quantity |
Weekly Pick-up |
|
Municipal Complex |
8 cubic yard – 1 |
3 times |
|
Fire House 1 Fire House 2 |
8 cubic yard – 1 8 cubic yard – 1 |
3 times 3 times |
|
Public Works |
8 cubic yard – 3 |
3 times |
|
Parks Warehouse |
8 cubic yard – 1 |
3 times |
|
Vehicle Maintenance |
8 cubic yard – 1 |
3 times |
|
Library |
2 cubic yard – 1 |
3 times |
|
|
|
|
Size and frequency can be changed at any location by CITY notifying CONTRACTOR in writing.
9.
ROLL OFF CONTAINERS - CONTRACTOR
shall provide roll-off container service as requested by an authorized
representative of the customer. Said
containers shall be picked up as often as is mutually agreed by the customer
and CONTRACTOR. CONTRACTOR
shall at no cost to CITY supply roll
off containers when requested by CITY
in writing and picked up as often as agreed by CITY and CONTRACTOR, for
CITY usage only.
10.
SPECIAL MATERIAL - Nothing
herein shall require the removal of hazardous waste, body waste, dead animals,
flammables, explosives, radioactive materials, liquid waste, abandoned
vehicles, vehicle parts or unusually heavy materials. If any item requires special handling because
of governmentally imposed constraints, then there may be an additional charge
to the customer to be agreed upon by CONTRACTOR
and the CITY. This includes, but is not limited to, the
inability to dispose of an item at the duly licensed disposal facility in the
same condition as the item is placed by the customer for pick up. The customer shall identify to the CONTRACTOR any special material as
described but not limited to the list contained in Exhibit “B”.
11. CITY'S RIGHTS FOR CONTAINER SIZES AND
FREQUENCY OF PICK UP - The CITY
reserves the right to determine the frequency of pick up and size of containers
needed at all multi family and commercial customer locations for compactors and
loose yard containers within the CITY's
corporate limits. Customer shall be
responsible to either pay the CONTRACTOR for the adjusted service levels, up or
down. IF CITY determines that a
change in frequency of service or container sizes. CONTRACTOR
shall adjust containers and frequency accordingly.
12. DATA GATHERING – CONTRACTOR shall provide CITY with a monthly report due by the
10th of each month for the previous month outlining the weight of
all trash, garbage, and recycling collected.
The CONTRACTOR shall also
attach the weight tickets from the incinerators or landfill for the trash and
garbage delivered from the CITY and
attach the weight tickets from the Materials Recovery facility for the
recycling delivered from the CITY.
B. RECYCLING
1. MULTI-FAMILY
- The CITY is presently conducting a
multi-family recycling program within the CITY. The number of units served shall increase or
decrease from year-to-year. Multi-family
shall be defined as all units served by containerized garbage disposal units
provided by CONTRACTOR.
2. SINGLE-FAMILY
CURBSIDE - Program recyclables are currently collected curbside one day
per week from all single-family homes within the City. This number shall increase or decrease from
year-to-year. Single-family shall be
defined as single-family, duplexes, triplexes, or quadraplexes not served by CONTRACTOR's containerized garbage
disposal units.
3. LEVEL
OF SERVICE AND SCHEDULED COLLECTION
Multi-Family - All locations shall be
serviced once per week, or as needed to prevent container overflows If
containers are not sufficient, CONTRACTOR
shall notify customer, and CONTRACTOR
shall place out more recycling bins.
Single Family Curbside - Materials
shall be collected one (1) day per week on a day which coincides with one of
the residents trash collection days.
Residents with side door trash service shall receive side door recycling
collection.
4. Materials
to be collected
The
following materials shall be collected using a two-sort system:
A Sort 1 -
Newspapers and inserts, corrugated cardboard. Incidental Kraft paper and film
plastic used to contain program recyclables.
B Sort 2 - Clear, green and brown glass
containers; aluminum steel and bimetal containers; polycoated gable top
containers and aseptic packages; plastic containers (types #1, #2 and #3);
C Upon direction of the CITY vendor shall add phone books to
Sort 1 items for a period not to exceed four (4) months per calendar year if
the MRF is accepting phone books.
D Additional recyclable materials may be
added or deleted to the program or collection methods changed at the direction
of the CITY and upon specific
written amendment to this contract.
5. Collection
Vehicles
The
CONTRACTOR shall provide a
collection vehicle for use in the recycling program.
6. Method
of Collection
A Multi-Family
- Each multi-family complex has received a minimum of two (2) containers per
each trash dumpster enclosure. One
container shall be used for collection of items identified as Sort 1 and the
other for those items identified as Sort 2.
Additional containers shall be picked-up by CONTRACTOR.
B Single
Family Curbside - Each single family unit has received a minimum of one (1)
twelve (12) gallon or greater container for collection of program
recyclables. Sort 2 items shall be
placed in these containers. Sort 1 items
shall be placed in a brown Kraft bag or tied with string and placed on top of
or adjacent to container. Additional
containers shall be delivered at the discretion of the CITY and shall be collected by CONTRACTOR
to individual residents who request them due to increased volume in
recyclables.
C Change
of Method - Change of collection method shall be by mutual agreement
between CITY and CONTRACTOR.
7. Service
to City Facilities
CONTRACTOR shall service and
maintain recycling containers at no
cost to the CITY to be placed at CITY
facilities. All revenue from material
placed in these containers shall be shared in accordance with the Section
hereinafter set forth dealing with material revenue.
8. Non-Conforming
Materials/Contamination
The CONTRACTOR shall not be
required to collect recyclable materials from any container which has
non-conforming materials whether in single-family or multi-family
collection. However, in each such case,
the CONTRACTOR shall affix a decal
on the container notifying the resident or the complex as to the need for
corrective action. A City representative
shall be notified of every incident by dispatch or supervisor of the CONTRACTOR of such case by the CONTRACTOR.
9. Collection
Containers
Multi-family
- 90-100 gallon, semi-automated containers shall be provided by the CITY as in 6a, above. Containers shall contain decal text relative
to the items to be deposited and ownership of containers. Container assembly, application of decals and
delivery to any additional complexes/site locations shall be the responsibility
of the CONTRACTOR. Maintenance of containers, subject to availability
of parts, includes, but is not limited to, repair or replacement of broken
lids, wheels, axles, stop bars, and handles and all costs related to
maintenance shall be the responsibility of the CONTRACTOR. Such maintenance
shall be performed according to local industry standards in
Single
Family Curbside - A minimum of one (1) twelve (12) gallon or greater recycling
container shall be provided to each single family home by the CITY.
Containers shall contain text relative to ownership. Additional containers may be provided as
indicated in 6b above.
Initial
container placement shall be the responsibility of the CITY. Storage and
replacement of broken or stolen containers shall be the responsibility of the CITY upon notification by the CONTRACTOR or resident.
10. Data
Gathering
The
vendor shall provide the City representative with a monthly report due by the
10th of each month outlining the weight of each sort collected. The CONTRACTOR shall also attach copies of all Materials Recovery
Facility weight tickets for recyclable materials delivered from the CITY for the previous month.
11. Processing
Center
The
CONTRACTOR shall transport the
materials collected to the Materials Recovery Facility (MRF) located at
12. Proceeds
from the
Proceeds
from the sale of recyclables shall be directed to CITY from the County or
13.