HomeMy WebLinkAboutAgreement_General_03/04/1999_Solid Waste NICHOLS SANITATION
A WASTE MANAGEMENT COMPANY
7700 S.E. 13ndre Road
Hobe Sound, E 33955
(561) 546 -7700
(561) 546 -1998 Fax
Mr. Tom Bradford March 16, 1999
Village Manager
Village of Tequesta
P. O. Box 3073
Tequesta, Fl. 33469
Re: Executed Solid Waste and Recyclable Collection Service Agreement
Dear Mr. adford,
Attached please find the executed Service Agreement for your records. Thank you and your staff
for all the assistance and support with the development of the document.
On behalf of the Nichols employees, staff and management team, I would like to express our
appreciation for the Village's vote of confidence and look forward to serving you well into the
new millenium.
As always, feel free to call me if you have any questions or concerns.
R
cc: Craig Ahal
JLS
SOLID WASTE
AND
RECYCLABLE COLLECTION
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
• AND
NICHOLS SANITATION-
WASTE MANAGEMENT
•
TABLE OF CONTENTS
ARTICLE I GENERAL INFORMATION
1. LIAISON BETWEEN VILLAGE AND CONTRACTOR 1
1.1 Filing of Commercial Fee Rate Schedule 1
2. COMMENCEMENT OF WORK 1
3. TERM 2
4. DEFINITION OF TERMS 2
ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION
5. DESCRIPTION OF THE WORK 6
5.4 Protection of Adjacent Property and Utilities 7
5.5 Spillage 7
5.6 Designated Facility 7
6. RESIDENTIAL COLLECTION SERVICE 7
• 6.1.1 Frequency of Collection 8
6.1.2 Hours of Collection 8
6.1.3 Point of Pickup of Residential Refuse 8
6.1.4 Receptacles 8
6.1.5 Method of Collection of Residential Refuse 9
6.1.6 Vacant Lots 9
6.1.7 Bulk Trash 9
7. COMMERCIAL COLLECTION SERVICE 9
7.1.1 Frequency of Collection 10
7.1.2 Point of Pickup of Commercial Refuse 10
7.1.3 Commercial Receptacles 10
7.1.4 Method of Collection of Commercial Refuse 10
8. MUNICIPAL COLLECTION SERVICE 10
8.2 Special Events 11
• 9. SCHEDULE AND ROUTES 1 1
9.3 Storm 12
9.4 Holidays 12
10. COLLECTION EQUIPMENT 12
11. SPECIAL WASTE, HAZA0OUS WASTE, BIOHAZARDOUS WASTE,
BIOLOGICAL WASTE AND SLUDGE 13
ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK 13
12.2 Frequency of Collection 14
12.3 Hours of Collection 14
12.4 Point of Pickup of Recyclable Materials 14
12.5 Receptacles 14
12.6 Method of Collection of Recyclable Materials 15
12.7 Schedules and Routes 15
12.8 Monitoring Records 16
12.9 Equipment 16
12.10 Holidays 16
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 17
ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE
COLLECTION
14. DESCRIPTION OF WORK 17
14.2 Frequency of Collection 17
14.3 Hours of Collection 17
14.4 Point of Pickup of Vegetative Waste 17
14.5 Preparation of Vegetative Waste for Collection 18
14.6 Method of Collection of Vegetative Waste 18
14.7 Routes 18
14.8 Equipment 18
14.9 Holidays 19
ARTICLE V QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL 19
• 15.1 Contractor's Officer(s) 19
15.2 Dangerous Animals and Refuse Collection 19
15.3 Conduct of Employees 19
15.4 Employee Uniform Regulations 20
15.5 Compliance with State, Federal and Municipal Law 20
15.6 Fair Labor Standards Act .20
15.7 Other Employee Benefits 20
16. CONTRACTOR'S OFFICE 21
16.2 Notification to Customers 21
ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING 21
17.1 Compensation 21
17.2 Billing Procedures 21
17.3 Disposal Costs 22
17.4 Unusual Changes or Costs 23
17.5 Consumer Price Index Adjustment 23
17.6 Level and Type of Service for Collection
of Other Wastes 24
17.7 Other Considerations 24
ARTICLE VII CONTRACT PERFORMANCE /PENALTIES /DEFAULT
18. CONTRACT PERFORMANCE 25
19. COOPERATION /COORDINATION 25
20. COMPLAINTS AND COMPLAINT RESOLUTION 26
20.1 Office 26
20.2 Complaints 26
20.3 Disputes About Collection of Certain Items 26
21. DEFAULT AND DISPUTE OF THE AGREEMENT 27
22. RIGHT TO REQUIRE PERFORMANCE 29
ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES 30
24. TITLE TO WASTE 30
25. FRANCHISE FEES 30
26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 30
27. BONDS AND SURETIES 30
27.1 Performance Bond 31
27.2 Requirements cfs to Surety 31
28. INSURANCE REQUIREMENTS 31
28.1 Contractor Insurance 31
28.1.2 Worker's Compensation 31
28.1.3 Comprehensive General Liability 32
28.1.4 Business Automobile Policy 32
28.1.5 Umbrella Liability 32
28.2 Certificate of Insurance 32
29. COMPLIANCE WITH LAWS AND REGULATIONS 33
30. INDEMNIFICATION 33
31. BOOKS AND RECORDS 33
• 32. NOTICES 34
33. TERMINATION 34
34. WAIVER 34
35. GOVERNING LAW 34
36. SEVERABILITY 34
37. ENTIRE AGREEMENT 34
EXHIBIT I - MUNICIPAL COLLECTION AND DISPOSAL SERVICES 36
EXHIBIT II - REFUSE, MULTI - MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RATES 36 -38
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REFUSE, MULTI - MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION AGREEMENT
THIS AGREEMENT ( "Agreement ") is made as of this day of , 1999, by
and between the Village of Tequesta, Florida, hereinafter referred to as
"Village ", and Nichols Sanitation, Inc. of Hobe Sound, a Division of Waste
Management, Inc. of Florida, hereinafter referred to as "Contractor", with its
principal place of business at 7700 S.E. Bridge Road Hobe Sound, Florida 33455.
WHEREAS, the Village has authorized negotiation of the restatement and
extension of the existing refuse collection agreement that is scheduled to
terminate September 30, 1999.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants
herein contained, the parties agree as follows:
ARTICLE
GENERAL INFORMATION
1. LIAISON BETWEEN VILLAGE AND CONTRACTOR
All dealings, contracts, notice and payments between the Contractor
and the Village shall be directed by the Contractor to the Village Manager or
his /her designee.
1.1 Filing of Commercial Fee Rate Schedule
The Contractor shall file a Commercial Fee Rate Schedule which shall be
continuously maintained in the office of the Village for inspection. The initial
commercial Fee Rate Schedule shall be filed with the Village Manager a
minimum of seven days prior to the effective date hereof, and any subsequent
amendments thereto shall be filed with the Village Manager a minimum of 15
days prior to the effective date of such amendment.
2. COMMENCEMENT OF WORK
The work outlined in these specifications shall commence on October 1,
. 1999.
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3. TERM
3.1 The term of the Contract shall be for a period of eight years beginning
October 1, 1999 and terminating September 30, 2007.
3.2 The Contract may be renewed by mutual agreement for additional five
(5) year periods. The Contractor must notify the Village of its desire- to extend
the contract on or before February 1, 2007. The Village will respond to the
request for extension no later than April 1, 2007.
4. DEFINITION OF TERMS
4.1 Authorized Representative Shall mean the employee or employees
designated in writing by the Village Manager to represent the Village in the
administration and supervision of the Contract.
4.2 Biohazardous Waste Shall mean any solid waste or liquid waste which
may present a threat of infection or disease to humans or may reasonably be
suspected of harboring pathogenic organisms. The term includes, but is not
limited to, non - liquid human tissue and body parts; laboratory and veterinary
waste which contain human - disease - causing agents; used disposable sharps,
human blood, and human blood products and body fluids; and other materials
which in the opinion of the Department of Health and Rehabilitative Services
represent a significant risk of infection to persons outside the generating facility.
4.3 Biological Waste Shall mean solid waste that causes or has the capability
of causing disease or infection and includes, but is not limited to, Biohazardous
waste, diseased or dead animals, and other waste capable of transmitting
pathogens to humans or animals.
4.4 Bulk Trash Shall mean any non - vegetative item which cannot be
containerized, bagged or bundled; including, but not limited to, inoperative and
discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters,
sinks, bicycles, and other similar appliances, household goods, minor "do it
yourself' projects construction debris, and furniture and all of the above shall not
be commingled with Vegetative Waste.
4.5 Village Village of Tequesta, Florida.
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4.6 Collection Shall mean the process whereby solid waste, garbage, trash,
bulk trash, vegetative waste or recyclable material is removed and transported
to a Designated Facility.
4.7 Commercial Service Shall herein refer to the service provided to business
establishments,.- . c.hurches, schools, rental apartments for profit apartment
'... buildings containing ...tour (4) or more living units are classified as. commercial
accounts), office buildings and other establishments. Service shall include
container rental, the rolling out and locking and unlocking of containers,
opening and closing doors and gates, exchanging containers, changing
container locations, supplying locks and locking mechanisms for containers, and
other services required for the proper maintenance of containers. Commercial
Service includes Roll -off Collection Service.
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4.8 Commercial Trash Shall mean any and all accumulations of paper, rags,
excelsior or other packing materials, wood, paper or cardboard boxes or
containers, sweepings, and any other accumulation not included under the
definition of garbage, generated by the operation of stores, offices, and other
business places. Commercial trash shall include furniture, appliances, car parts,
and all other accumulations not included within the definition of garbage and
shall be included in the service if properly containerized. Commercial trash shall
not include Special Waste.
4.9 Construction and Demolition Debris Shall mean materials defined as such
from time to time by the Department and Chapter 17 -7, F.A.C.
4.10 Contract or Agreement The Contract executed by the Village and the
Contractor for the performance of the work.
4.11 Contractor or Vendor The person, firm, corporation, organization or
agency with whom the Village has entered into an agreement to provide the
services described herein.
4.12 Department Shall mean the Florida Department of Environmental
Protection.
4.13 Designated Facility Shall mean a disposal processing, recovery, recycling
or transfer facility designated by the Village Manager.
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4.14 Disposal Costs Shall mean the "tipping fees ", landfill costs or processing
fees charged to the Contractor by others for disposal of the waste collected by
the Contractor.
4.15 Garbage Shall mean all putrescible waste which generally includes but
is not limited to kitchen and table food waste, animal, vegetative, food or any
organic waste that is attendant with or results from the storage, preparation,
cooking or handling of food materials whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with
Garbage in the same collection. Garbage shall not include any material that
falls within the definition of Special Waste.
4.16 Garbage Receptacle Shall mean any commonly available light gauge
steel, plastic, or galvanized receptacle of a non - absorbent material, closed at
one end and open at the other, furnished with a closely fitted top or lid and
handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag
designed for use as a garbage receptacle. Any receptacle including waste
materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight, unless designated by Contractor for special handling or Contractor
provided receptacle (mobile cart) in which case, capacity and weight will be
volume- based.
4.17 Hazardous Waste Shall mean solid waste as defined by the State of
Florida Department of Environmental Regulation as a hazardous waste in the
State of Florida Administrative Code, or by any future legislative action or by
federal, state or local law.
4.18 Industrial Wastes Industrial wastes are not included in the scope of this
contract unless considered regular solid waste.
4.19 Loose Refuse: Refuse which is collected from the ground is considered
loose refuse.
4.20 Mechanical Container Shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a
loader /packer type of garbage truck used by the Contractor.
4.21 Multiple Dwelling Units Shall mean any building containing four (4) or
more permanent living units, not including motels and hotels.
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4.22 Performance and Payment Bond Shall mean the form of security
approved by the Village and furnished by the Contractor as required by this
Contract as a guarantee that the Contractor will execute the work in
accordance with the terms of the Contract.
4.23 Recyclable Materials Shall mean newspapers (including inserts),
magazines and catalogs, aluminum cans, aluminum foil and pie plates, plastic
containers, glass bottles and jars, corrugated cardboard, brown paper bags,
mixed paper (magazines, phone books, office paper, etc.), drink boxes, milk and
juice cartons, and other solid waste materials added upon Agreement between
the Village and the Contractor, when such materials have been either diverted
from the remaining solid waste stream or removed prior to their enf Tinto the
remaining solid waste stream. The Village reserves the right to modify the types
of materials collected by the Contractor and the point of delivery for
processing.
4.24 Recycling Shall mean any process by which solid waste, or materials
which otherwise become solid waste, are collected, separated, or processed
and reused or returned to use in the form of raw materials or products, as
defined by the State of Florida D.E.P. Chapter 17 -7, F.A.C.
4.25 Rolloff Collection Service Shall mean the Collection of Refuse,
Construction and Demolition Debris using rolloff containers, or the Collection of
Construction and Demolition Debris by other mechanical means from locations
within the Village.
4.26 Refuse Shall mean commercial /industrial trash, household trash and
garbage or a combination of mixture of commercial trash, household trash and
garbage, plus construction /demolition material.
4.27 Refuse Regulations Shall herein refer to regulations prescribed by the
Village together with such administrative rules, regulations and procedures as
may be established for the purpose of carrying out or making effective the
provision of this contract.
4.28 Residential Service Shall herein refer to the refuse, recycling and
vegetative waste collection service provided to single family and multi - family
residences occupying residential dwelling units within the Village who are not
receiving commercial service.
4.29 Sludge Includes the accumulated solids, residues, and precipitates
generated as a result of waste treatment or processing, including wastewater
treatment, water supply treatment, or operation of an air pollution control
facility, and mixed liquids and solids pumped from septic tanks, grease traps,
privies, or similar waste disposal appurtenances.
4.30 Special Waste Shall mean solid wastes that require special handling and
management, and which are not accepted at a landfill or other disposal facility
or which are accepted at a landfill or other disposal facility at higher rates than
is charged for refuse, including, but not limited to, asbestos, whole tires, used oil,
lead -acid batteries, and Biohazardous wastes.
4.31 Trash Shall mean all refuse, accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools, utensils,
and all other accumulations of a similar nature other than Garbage, which are
usual to housekeeping and to the operation of stores, offices and other business
places, but shall not include Vegetative Waste.
4.32 Uniform Level of Service Shall mean any and all garbage and trash,
whether commercial or residential, which conforms to the preparation and
storage requirements of this contract, and is collected in accordance with
Village approved schedule.
4.33 Vegetative Waste Shall mean any vegetative matter resulting from yard
and landscaping maintenance and shall include materials such as tree and
shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and
similar other matter usually produced as refuse in the care of lawns, landscaping
and yards. Residents must bag or containerize all grass clippings, leaves, pine
needles, and similar small loose items. Large Vegetative Waste items must be
not more than six (6) feet in length or fifty (50) pounds in weight, and shall be
placed neatly at the curb to comply for regular scheduled collection.
ARTICLE II
SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION
5. DESCRIPTION OF WORK
5.1 The Contractor shall provide Refuse collection services within the Village
Limits of Tequesta. The Contractor shall have the exclusive right to provide
Refuse collection service in the Village in accordance with the Terms herein.
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5.2 The Contractor is aware of the requirements of the Florida Solid Waste
Management Act and other applicable federal and state laws, and is
responsible for determining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at his own expense, all labor, insurance,
supervision, machinery and equipment, plant building, trucks and any other
tools, equipment, accessories and things necessary to maintain the standard of
collections and disposal set forth herein.
5.4 Protection of Adjacent Property and Utilities The Contractor shall
conduct his work in,such a manner as to avoid damage to adjacent private or
public property and shall immediately repair or pay for any damage incurred
through its operations. The Contractor shall take cognizance of all existing
utilities and it shall operate with due care in the vicinity of such utilities and shall
immediately repair or have repaired at no additional cost to the owner any
breakage or damage caused by its operation.
5.5 Spillage The Contractor shall not litter or cause any spillage to occur
upon the premises or the rights -of -way wherein the collection shall occur.
During hauling, all refuse shall be contained, tied, or enclosed so that leaking,
spilling, and blowing is prevented. In the event of any spillage caused by the
Contractor, the Contractor shall promptly clean up all spillage.
5.6 Designated Facility All Refuse, Recyclable Materials and Vegetative
Waste shall be hauled to a designated facility as directed in writing by the
Village Manager and disposed of at those facilities at the expense of the
Contractor. If Recyclable Materials incur a cost to dispose the contractor may
request compensation from the Village Manager.
6. RESIDENTIAL COLLECTION SERVICE
6.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous
Waste, Biological Waste and Sludge, from all single family homes, multiple
dwelling units and individual mobile homes. Mobile home parks will be serviced
as residential units. In addition, the Contractor can offer "Back Door" or other
enhanced services to residents for a negotiated fee. Those handicapped
residents who have submitted a physicians certificate of their disability and
• which has been accepted by the Village, will be provided back door service at
no charge.
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6.1.1 Frequency of Collection The Contractor shall collect refuse from places
of residence within the Village at least two (2) times per week, with collections
at least three (3) days apart. The Village shall approve all proposed changes to
collection days prior to Contractor implementation.
6.1.2 Hours of Collection Collection shall begin no earlier than 7:00 o'clock
a.m., and shall cease no later than 7:00 o'clock p.m. The hours of collection
may be extended provided the Contractor has received prior approval from
the Village Manager, to be later evidenced by a written memorandum
confirming the approval. Should the Contractor not confirm and obtain in
writing the approval to operate on an emergency basis, it shall be conclusively
presumed that the Contractor had not obtained such approval. No collection
shall occur on Sundays or holidays (referenced in 9.4) except in time of
emergency, and with the Village Manager's prior approval.
6.1.3 Point of Pickup of Residential Refuse Collections of residential refuse shall
be at curbside or other such locations as will provide ready accessibility to the
Contractor's collection crew and vehicle. In the event an appropriate location
cannot be agreed upon, the Village Manager or his /her designee shall
designate the location. Nothing in this section shall require the Contractor to
remove waste resulting from construction activity or the clearance of vacant
lots, except as further required in Section 6.1.6.
For those residents who, by reason of their disability, certified by a doctor
and approved by the Village, are unable to place garbage receptacles at the
curb, collection will be from the rear door or other accessible location adjacent
to the residence, and shall be replaced when empty.
6.1.4 Receptacles The Contractor shall be required to pick up all garbage,
trash and bulk trash generated from residential units which have been properly
prepared and stored for collection as follows:
All garbage shall be placed in a garbage can or in such other proper
disposal bag or cart and shall be placed at curbside (within 6 feet of roadway)
or at such other single collection point as may be agreed upon by the
Contractor and the customer.
Usual household trash shall either be placed in containers where it shall
be collected in the same manner as garbage or piled at curbside. Non -
containerized trash shall be collected providing that it does not exceed six (6)
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• feet in length or fifty (50) pounds in weight for any piece or segment of such
materials.
Containerized Multiple Dwelling Units (dwellings containing four (4) or
more units under a single roof) serviced by Mechanical Containers shall
containerize all Garbage and Trash. Bulk Trash shall be collected at a
designated site agreed to by the Contractor and the customer and approved
by the Village. Containerized Services shall include the rolling out and locking
and unlocking of containers, opening and closing doors and gates, exchanging
containers, changing container location, supplying locks and locking
mechanisms, and other services required for proper maintenance of containers.
6.1.5 Method of Collection of Residential Refuse The Contractor shall make
collections with a minimum of noise and disturbances to the householder. Any
refuse spilled by the Contractor shall be picked up immediately by the
Contractor. Garbage receptacles shall be handled carefully by the
Contractor, shall not be bent or otherwise abused, and shall be thoroughly
emptied and then left at the proper point of collection. Metal and plastic cans
shall be inverted with covers placed topside up on the ground next to the
• container. Any type receptacle found in a rack, cart or enclosure of any kind
shall be returned upright to such rack, cart or enclosure and lids shall be placed
securely and properly on the top of said receptacles. In the event of damage
by the Contractor to garbage receptacles, the Contractor shall be responsible
for the timely repair or replacement of said receptacles within seven (7) days at
no cost to the customer. The replacement must be similar in style, material,
quality and capacity. Throwing of any garbage can, container, or recycling
container is prohibited.
6.1.6 Vacant Lots The Contractor shall also collect household trash, and
garden and yard trash generated by normal maintenance activities from the
swale or right -of -way of vacant lots in residentially developed neighborhoods at
no additional charge. It will not be the responsibility of the Contractor to
remove waste resulting from clearing property for building purposes, or materials
deposited by subcontractors.
6.1.7 Bulk Trash. The Contractor shall collect bulk trash from residents not more
than once per week.
7. COMMERCIAL COLLECTION SERVICE
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7.1 The Contractor shall have the exclusive right to and shall collect and
dispose of all Refuse and solid waste as defined in F.A.C. 62- 701.200 et seq.,
except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste
and Sludge, from or generated by any commercial or industrial use, and any
use not contained within residential services. Contractor's exclusivity regarding
Commercial Service shall include Rolloff Collection Service for all solid waste as
so defined above and recyclables.
7.1.1 Frequency of Collection Commercial containers shall be collected
frequently enough to prevent them from becoming overloaded. Collection
shall begin no earlier than six o'clock (6:00) a.m. and shall cease no later than
seven o'clock (7:00)p.m.Commercial customers located adjacent (within a one
block radius) to residential uses shall only be collected during residential
collection hours as stated in Section 6.1.2. In the event a customer's container is
consistently overloaded the Village will require the customer to increase service.
In the event of an emergency, collection may be permitted at times not
allowed by this paragraph, provided the Contractor has received prior
approval from the Village Manager or his designee, to be later evidenced by a
written memorandum confirming the approval. Should the Contractor not
• confirm and obtain in writing the approval to operate on an emergency basis, it
shall be conclusively presumed that the Contractor had not obtained such
approval.
7.1.2 Point of Pickup of Commercial Refuse Commercial Refuse customers
shall place containers at locations that are mutually agreed upon by the
customer and the Contractor and approved by the Village which are
convenient for collection by the Contractor. Where mutual agreement is not
reached, the Village Manager or his /her designee shall designate the location.
7.1.3 Commercial Receptacles Commercial establishments shall use
Mechanical Containers as defined in Section 4.20. Containers must be properly
maintained and kept clean and sanitary.
7.1.4 Method of Collection of Commercial Refuse The Contractor shall make
collections with as little disturbance as possible. Any refuse spilled by the
Contractor shall be picked up immediately by the Contractor.
8. MUNICIPAL COLLECTION SERVICE
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• 8.1 The Contractor shall provide residential or commercial collection and
disposal service, as appropriate, to all property owned, leased, rented or
controlled by the Village of Tequesta including, but not limited to, those
designated by the Village Manager if acquired during the contract term. These
services shall be provided at no charge to the Village. Exhibit I is a current list of
properties to receive this service.
8.1.1 The Contractor shall empty all Refuse, Recycling and Vegetative Waste
containers in any and all of the above mentioned properties at a frequency to
be determined by the Village Manager or his /her designee. The Village shall
have the right to use mechanical containers, commercial type trash cans with
covers or any other container within the size limits prescribed by definition. The
Contractor shall provide all mechanical containers for the use of the Village,
which said containers shall be kept in operable condition by the Contractor
throughout the life of the Contract.
8.2 Special Events The Contractor shall provide at no charge to the Village
for all services, containers and equipment required for waste collection and
disposal and portable sanitation service at all special Village functions or
• sponsored events deemed appropriate by the Village Manager or his /her
designee (such as J.T.A.A. softball games, beach clean -ups, etc.).
9. SCHEDULES AND ROUTES
9.1 The Contractor shall provide the Village with schedules for all collection
routes and keep such information current at all times. Any proposed changes in
route schedules must be preapproved and the Village shall be immediately
notified in writing a minimum of 30 days in advance. The Village Manager shall
approve all permanent changes in routes or schedules that alter the day of
pickup. Upon approval of the Village Manager, the Contractor shall utilize door
to door notices as well as publish in a newspaper of general circulation in Palm
Beach County at least seven (7) days prior to the effective date of such route or
schedule changes. The cost of publication shall be borne solely by the
Contractor.
9.2 The Village reserves the right to deny Contractor's vehicles access to
certain streets, alleys and public ways inside the Village en route to the disposal
site where it is in the interest of the general public to do so because of the
condition of the streets or bridges. The Contractor shall not interrupt the regular
• schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
it
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times
during the year, the quantity of Refuse to be disposed of is materially increased
by the influx of visitors. This additional load will not be justification for the
Contractor to fail to maintain the required collection schedules and routes.
9.3 Storm The Village designates Contractor as its exclusive provider of
cleanup services in the event of a severe storm, hurricane, or other similar
natural disaster. In such case, the Village Manager or his /her designee may
grant the Contractor reasonable variance from regular schedules and routes.
As soon as practicable after such storm, the Contractor shall advise the Village
Manager and the customer of the estimated time required before regular
schedules and routes can be resumed. In case of a storm where it is necessary
for the Contractor and the Village to acquire additional equipment and to hire
extra crews to clean the Village of debris and Refuse resulting from the storm,
the Contractor shall be required to work with the Village in all possible ways for
the efficient and rapid cleanup of the Village. In such event, the Contractor
shall receive extra compensation above the Contract price for additional
employees, overtime, and cost of rental equipment, provided Contractor has
first secured prior written authorization from the Village Manager or his /her
designee. The total cost for such service shall be based on total direct cost (less
any disposal costs not covered by SWA) plus 5% profit. A detailed breakdown of
direct cost to be provided with billing. Upon notice from the Village, the
Contractor shall secure or remove all receptacles, mechanical or portable, on
Village property. In addition, the Village may require the Contractor to provide
Village -wide emergency vegetative collection prior to a storm. Every effort will
be made to provide as much advance notice as is possible under the
circumstances.
9.4 Holidays The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. If the regular collection
day falls on any of the aforementioned holidays, the Contractor shall collect
the Refuse on the next regularly scheduled collection day.
10. COLLECTION EQUIPMENT
10.1 The Contractor shall have on hand at all times, in good working order and
sanitary condition, such equipment as shall permit the Contractor to adequately
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• and efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of garbage collection and
disposal equipment. All replacement and additional vehicles shall be new
equipment unless otherwise agreed by the Village. Equipment shall be of the
enclosed loader packer type, or other equipment which meets industry
standards and is approved by the Village. All equipment shall be kept in good
repair, appearance, and in a sanitary and clean condition at all times. The
Contractor shall have available reserve equipment which can be put into
service within two (2) hours of any breakdown. Such reserve equipment shall
correspond in size and capacity to the equipment used by the Contractor to
perform the contractual duties.
Equipment is to be painted uniformly with the name of the Contractor,
business telephone ' number and the number of the vehicle in letters not less
than five (5) inches high on each side of the vehicle. All vehicles shall be
numbered and a record kept of the vehicle to which each number is assigned.
No advertising shall be permitted on vehicles, except of events sponsored by
the Village.
11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL
WASTE AND SLUDGE
The Contractor shall not be required to collect and dispose of Special
Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but
may offer such service in the Village. All such collection and disposal for the
types of waste referenced in this section, when done by the Contractor, shall be
in strict compliance with all federal, state and local laws and regulations.
ARTICLE III
SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK
12.1 The Contractor shall have the exclusive right to and shall collect all
Recyclable Materials, including but not limited to, newspaper (including inserts),
magazines and catalogs, aluminum foil and pie plates, glass, aluminum cans,
polyethylene terephthalate (PET) and high density polyethylene (HDPE) bottles,
corrugated cardboard, brown paper bags, mixed paper, drink boxes, set out for
the purpose of recycling from all residential properties within the Village limits of
the Village of Tequesta. The collection of Recyclables shall be conducted
utilizing two containers. The Contractor will coordinate with the Village
regarding any proposed change in collection of recyclables as proposed by
13
' a
• the Solid Waste Authority. This change in recycling collection from a two -part
waste stream to a three -part waste stream (newspaper, other mixed paper, and
commingled) will be planned and coordinated with the Village. Proposed
implementation plan, along with impact analysis, to be submitted to Village six
months prior to effective date for approval.
Additionally, the Contractor shall provide adequate mechanical
containers to facilitate a Village -wide recycling program for all condominiums
and apartment complexes receiving containerized service. Multifamily
containerized recycling services shall utilize ninety -six (96) gallon mechanical
containers to collect Recyclable Materials.
As it becomes appropriate or beneficial, other items may be added to
the list of Recyclable Materials at the direction of the Village Manager. Likewise,
if it becomes unfeasible or financially impractical to continue collection of any
one of the above times, the Contractor may petition the Village Manager for
approval to discontinue collection of those items.
12.2 Frequency of Collection The Contractor shall collect Recyclable
• Materials within the Village at least one (1) time per week. The day of collection
shall be on the same day as one of the collection days for solid waste.
12.3 Hours of Collection Collection shall begin no earlier than seven o'clock
(7:00) a.m. and shall cease no later than seven o'clock (7:00) p.m.; provided,
however, that in the event of emergency or unforeseen circumstances,
collection may be permitted at a time not allowed by this paragraph following
approval by the Village Manager or designee.
12.4 Point of Pickup of Recyclable Materials Collection of Recyclable
Materials shall be at curbside or other such locations as will provide ready
accessibility to the Contractor's collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the Village Manager shall
designate the location.
12.5 Receptacles The Contractor shall pick up all Recyclable Materials which
have been properly prepared for collection and placed in recycling containers
or paper bags and set at curbside.
The Contractor shall supply and distribute to each new residence within
40 the Village two (2) containers for Recyclable Materials and provide
replacements to all residences as needed, using color, design and logo as
14
• designated by the Village. The cost of these containers will be borne by the
Contractor. The containers shall be A -1 Products Corporation, Model 9732,
"BLUE BOX" and "YELLOW BOX ", or equivalent. Receptacles may be imprinted
with a logo and /or recycling theme as approved by the Village. All recycling
containers shall become the property of the Village when distributed. Any
containers distributed prior to the commencement of this agreement provided
by the Contractor shall also become the property of the Village on the
effective date of this contract.
The Contractor shall maintain an adequate supply of containers to
provide for replacements and for new residents. All recycling containers
provided or replaced by the Contractor shall be identical in type, size and color
for each type of recycling container.
12.6 Method of Collection of Recyclable Materials Unless otherwise agreed in
writing the Contractor shall separate (2 PART) at the point of pickup, at least the
newspaper from the aluminum cans, glass and plastics and place into different
sections of the collection vehicle. The Contractor shall make collections with a
minimum of noise and disturbance to the householder. Any Recyclable
Materials spilled by the Contractor shall be picked up immediately. Recycling
containers shall be thoroughly emptied and left inverted at the point of
collection.
12.7 Schedules and Routes Recyclable Materials collection for a dwelling unit
shall be made on one of the two solid waste collection days for that dwelling
unit. Therefore, schedules and routes shall match the schedules and routes for
solid waste collection, except that the Village Manager or designee is
authorized to modify, extend or suspend schedules in the event of natural
disaster, health hazard or any other state of emergency requiring such action.
The Village reserves the right to deny Contractor's vehicles access to
certain streets, alleys and public ways inside the Village en route to the disposal
site where it is in the interest of the general public to do so because of the
condition of streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
15
•
12.8 Monitorina Records The Contractor shall be responsible for maintaining
information and records adequate to determine participation rates and weekly
set out rates by percent, volume of solid waste diverted from landfill by percent,
weight by material of items recycled, neighborhoods above or below average
participation and other information required by Village, Palm Beach County or
the State of Florida necessary to meet the requirements of the Solid Waste
Management Act or to obtain grant funds from the Solid Waste Management
Trust Fund. The Contractor shall furnish monthly reports to the Village due by the
10th of the following month containing the requested information.
12.9 Equipment The Contractor shall have on hand at all times, in good
working order and sanitary condition, such equipment as shall perform its
contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of recycling equipment and shall be kept in good
repair, appearance, and in a sanitary and clean condition at all times.
Collection vehicles shall be designed to be driven from both sides and have
separate compartments into which the different recyclable materials may be
placed. Prior to purchasing equipment, it shall be the responsibility of the
Contractor to determine the available space, turning radii, ceiling heights, etc.
of the likely buyers or processors of the recycled materials. All replacement and
additional vehicles shall be new equipment unless otherwise agreed by the
Village. The Contractor shall have available reserve equipment which can be
put into service within two (2) hours of any breakdown. Such reserve equipment
shall correspond in size and capacity to the equipment used by the Contractor
to perform the contractual duties.
The Contractor may also add his name and business telephone number
to each side of the vehicle. The rear of the vehicle shall contain signs warning
the public of frequent stops. All vehicles shall be numbered and a record kept
of the vehicle to which each number is assigned. No advertising shall be
permitted on vehicles except that approved by the Village.
12.10 Holidays The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. Residential Recyclable
Materials not collected on Thanksgiving shall be collected on the next
scheduled recycling collection service day. Residential Recyclable Materials
not collected on Christmas Day and New Year's Day shall be collected on the
next scheduled solid waste collection day when possible, but not later than the
next scheduled recycling collection day.
16
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The Village and the Contractor will share responsibility for the promotion
of the recycling programs. The Village and the Contractor will cooperate in the
design of promotional events and educational programs and the preparation
of promotional materials such as door hangers and /or flyers for public
distribution; however, the Village's contribution shall be subject to budget,
review and approval by the Village. The Contractor will distribute written
information to the residential participants on a periodic basis and assist with
preparation of the Annual Grant report. The Contractor further agrees to
conduct presentations for schools, civic groups, homeowners associations and
other appropriate citizens groups.
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 The Contractor shall provide vegetative waste collection and disposal
within the Village limits of Tequesta. The Contractor shall have the exclusive
right to provide vegetative waste collection and disposal service within the
Village in accordance with the specifications herein. Landscape maintenance
companies may haul vegetative waste resulting from their own activities.
14.2 Frequency of Collection The Contractor shall collect Vegetative Waste
from residences within the Village two (2) times per week. The day of collection
shall be on the same day as the collection day for solid waste.
14.3 Hours of Collection Collection shall begin no earlier than 7:00 o'clock
a.m. and shall cease not later than 7:00 o'clock p.m.; provided that in the event
of emergency or unforeseen circumstances, collection may be permitted at a
time not allowed by this paragraph following approval by the Village Manager
or designee.
14.4 Point of Pickup of Vegetative Waste Collection of Vegetative Waste shall
be at curbside or other such locations as will provide ready accessibility to the
Contractor's collection crew and vehicle. In the event an appropriate location
cannot be agreed upon, the Village Manager or his /her designee shall
designate the location.
17
• 14.5 Preparation of Vegetative Waste for Collection The Contractor shall pick
up all Vegetative Waste generated from residential units as follows:
Vegetative Waste shall be placed adjacent to the pavement or traveled
way of the street. Residents must bundle or containerize small or loose
Vegetative Waste. Large materials or accumulations of vegetative waste will
be collected by mechanical means (clamshell) at least one time per week.
In the event of a dispute between Contractor and a customer as to what
constitutes Vegetative Waste, the situation will be reviewed and decided by the
Village Manager or his /her designee, whose decision shall be final.
14.6 Method of Collection of Vegetative Waste The Contractor shall make
collections with a minimum of noise and disturbance to the householder. Any
Vegetative Waste spilled by the Contractor shall be picked up immediately by
the Contractor. Receptacles shall be handled carefully by the Contractor, shall
not be bent or otherwise abused, and shall be thoroughly emptied and then
left at the proper point of collection. Metal and plastic cans shall be inverted
with covers placed topside up on the ground next to the container. Any type
• receptacle found in a rack, cart or enclosure of any kind shall be returned
upright, to such rack, cart of enclosure and lids shall be placed securely and
properly on the top of said receptacles.
14.7 Routes The Village reserves the right to deny Contractor's vehicles access
to certain streets, alleys and public ways inside the Village en route to the
disposal site where it is in the interest of the general public to do so because the
condition of the streets or bridges. The Contractor shall not interrupt the regular
schedule or quality of service because of street closures of less than eight (8)
hours in duration. The Village shall notify the Contractor of street closures of
longer duration and arrangements for service will be made in a manner
satisfactory to Contractor and Village. Customers under this contract shall
receive reasonable notification of the schedules provided by the Contractor
prior to commencement of service. Only local truck routes shall be used in
transit, unless specifically for the purpose of collection.
14.8 Equipment The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to adequately
and efficiently perform its contractual duties. Equipment shall be obtained from
nationally known and recognized manufacturers of collection and disposal
equipment. Collection vehicles shall be of the enclosed loader parker type or
other vehicle designed to allow for efficient collection of Vegetative Waste.
18
The equipment shall be kept in good repair, appearance, and in a sanitary and
clean condition at all times. All replacement and additional vehicles shall be
new equipment unless otherwise agreed by the Village. The Contractor shall
have available reserve equipment which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by the Contractor to perform the contractual
duties.
14.9 Holidays The Contractor will not provide service on the following
holidays: New Year's Day, Thanksgiving and Christmas. Vegetative Waste not
collected on Thanksgiving shall be collected on the next scheduled vegetative
waste collection service day Vegetative Waste not collected on Christmas
Day and New Year's Day shall be collected on the next solid waste collection
day•
ARTICLE V
QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL
15.1 Contractor's Officer(s) The Contractor shall assign a qualified person or
persons to be in charge of the operations within the Village. The Contractor
shall give the names, address and phone number of these persons to the
Village. Information regarding the person's experience and qualifications shall
be furnished. Supervisory personnel must be present on the routes to direct
operations in a satisfactory manner. Said supervisor(s) must be available for
consultation with the Manager and /or customers within a reasonable,
practicable time after notification of a request for such consultation. The
supervisor(s) shall operate a vehicle which is radio equipped.
15.2 Dangerous Animals and Refuse Collection Employees of the Contractor
shall not be required to expose themselves to the danger of being bitten by
vicious dogs in order to accomplish refuse collection. In any case where the
owner or tenants have such animals at large, the Contractor shall immediately
notify the Village Manager of such condition and of his inability to make
collection because of such conditions.
15.3 Conduct of Employees The Contractor shall ensure that his /her
employees serve the public in a courteous, helpful and impartial manner.
Contractor's collection employees will be required to follow the regular walk for
19
pedestrians while on private property. No trespassing by employees will be
permitted, nor crossing property of neighboring premises unless residents or
owners of both such properties shall have given permission. Care shall be taken
to prevent damage to property, including cans, carts, racks, trees, shrubs,
flowers and other plants.
15.4 Employee Uniform Regulations The Contractor's solid waste collection
employees shall wear a uniform or shirt bearing the company's name. Lettering
stitched on or identifying patches permanently attached to uniform shirts and
jackets will be acceptable. The Contractor shall keep a record of employees
names and numbers assigned.
15.5 Compliance with State, Federal and Municipal Law The Contractor shall
comply with all applicable Village, State and Federal laws relating to wages,
hours, and all other applicable laws relating to the employment or protection of
employees, now or hereafter in effect.
15.6 Fair Labor Standards Act The Contractor is required and hereby agrees
by execution of the Contract to pay all employees not less than the Federal
minimum wage and to abide by other requirements as established by the
Congress of the United States in the Fair Labor Standard Act as amended and
changed from time to time.
15.7 Other Employee Benefits Conditions of employment shall be published
and conspicuously posted so all employees may be informed. The Contractor
shall furnish reasonable uniforms, rain gear and safety equipment.
15.8 Each vehicle operator shall at all times carry a valid Florida Commercial
Driver's License for the type of vehicle that is being driven.
15.9 The Contractor shall provide operating and safety training for all
personnel.
15.10 The Contractor shall, whenever practical, employ its personnel who are
residents of Palm Beach County.
15.11 No person shall be denied employment by the Contractor for reasons of
race, sex, national origin, creed, age, physical handicap, or religion.
15.12 Contractor shall maintain a Drug Free Workplace policy.
20
• 16. CONTRACTOR'S OFFICE
16.1 The Contractor shall provide at his expense, a suitable office located
within reasonable proximity to the Village. The Contractor shall maintain and
adequately staff a local toll -free telephone number where complaints shall be
received, recorded and handled during normal working hours of each week
and shall provide for prompt handling of emergency complaints and all other
calls.
16.2 Notification to Customers The Contractor shall notify all customers in
writing about complaint procedures, rates, regulations, and the days of
collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
17.1 Compensation The Village shall pay the Contractor compensation for
the performance of the Contract, the sums due based on the unit prices as
listed in the Exhibit II, subject to any increases or deductions as provided under
the Contract. Contractor's Unit Price Schedule for all collections hereunder shall
include transportation costs. Contractor shall submit an invoice by the 10th of
each month for services rendered during the preceding month, and payments
will be made to the Contractor within 30 days upon receipt and verification of
the invoice submitted.
17.2 Billing Procedures Billing arrangements for the various service types are
summarized as follows:
Service Type Customer Billed By
Solid Waste Collection
- Residential, including Mobile Homes Village
- Commercial Contractor
Vegetative Waste Collection
- Residential, including Mobile Homes Village
46
21
Recyclable Materials Collection
- Residential, including Mobile Homes Village
- Commercial Contractor
Container Rental
- Residential Contractor
- Commercial Contractor
On the first day of each month the Contract payment(s) for all services
hereunder shall be adjusted to correspond with the number of existing or new
buildings, and the demolition of old buildings. The adjustment made on the first
day of each month shall be for buildings either occupied or demolished during
the second month preceding the adjustments; for example, any change which
is made on June 1 of any year will be for buildings occupied or demolished in
April of the subject year. Any existing unit shall be considered unoccupied
whenever the Village has temporarily terminated water service, at the
customer's request only. Any new unit shall be considered to be occupied
when a certificate of occupancy has been issued and water service has been
provided to the unit's occupant(s). Proof of demolition shall be demolition
permits issued by the Building Division. The number of units shall be reviewed not
less than semi - annually by the Village and the Contractor. Any adjustment as a
result of this review shall be reflected on the next invoice from the Contractor.
No adjustment shall be made to prior months' invoices due to an incorrect
count of units.
17.3 Disposal Costs Residential and commercial solid waste disposal costs shall
be separated from residential and commercial collection service costs.
Residential disposal costs will be part of the special assessment billed by the
Solid Waste Authority of Palm Beach County except as otherwise provided in this
Agreement. The Contractor will be given a disposal credit for each residential
unit as calculated by the Solid Waste Authority; however, the Village agrees to
bill new units for the period of time the residence is not on the SWA's Role and
reimburse the Contractor monthly. The non - assessed portion of the commercial
disposal costs will be part of the service charge billed by the Contractor. The
Contractor shall pay the Authority for all solid waste disposal costs incurred for
disposing of all solid waste at the Authority's Disposal Facilities except for the
portion of disposal costs which have been separately assessed by the Authority.
Any changes in non - assessed portion of commercial disposal costs will be
reflected in the service charge billed by the Contractor.
22
17.4 Unusual Changes or Costs The Contractor may petition the Village to
adjust the rates in Exhibit II based upon unusual and unanticipated increases in
the cost of doing business, including but not limited 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 Village 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 (1) the adoption, 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 permit, license, or approval after
the date of this Agreement , which in the case of either (1) 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 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 ninety (90) days of the
occurrence of such unusual change or cost, and shall contain substantial proof
and justification, as determined by the Village Manager, to support the need for
the rate adjustment. The Village may request from the Contractor, and the
Contractor shall provide, such further information as may be reasonably
necessary in making its determination. The Village shall approve or deny the
request, in whole or in part, within sixty (60) days of receipt of the request and all
other additional information required by the Village.
17.5 Consumer Price Index Adjustment The rates in Exhibit II shall be
adjusted commencing October 1, 2000 and each October 1 st thereafter, based
on the change in the previous year's Consumer Price Index (CPI).
Each new rate shall be computed pursuant to the following
calculations:
CURRENT PRICE X (1 +(CP12- CP11))= NEW PRICE
23
"CPI" - the Consumer Price Index (1982 -84 =100) for the U.S. City Average
items - All Urban Consumers - South, published by the United States
Department of Labor, Department of Labor Statistics.
"CPI I" - the published CPI for the month of April of the preceding year.
"CP12" - the published CPI for the month of April for the year in which the
rate is being adjusted.
Adjustments to the prices made in accordance with this subsection are
intended to reflect changes in the purchasing power of a given amount of
money expressed in dollars. If CPI1 and CP12 are not expressed in relation to the
same base period or if a material change is made in the method of establishing
CPI, the County and the Contractor shall make an appropriate statistical
adjustment or conversion. If the CPI is discontinued, the Village and the
Contractor shall mutually select another index published by the United States
government or by a reputable publisher of financial and economic indices.
17.6 Level and Type of Service for Collection of Other Wastes Where the
Contractor agrees to collect Special Waste or Sludge, a written agreement
between the Contractor and the customer shall be entered into regarding the
level and type of service to be provided, at a rate to be negotiated between
the parties involved. However, upon failure of the parties to reach such an
agreement for commercial services only, either party may apply to the Village
Manager, who shall establish the level and type of services to be provided,
including the area of the container and number of pickups per week. All such
collection and disposal for those types of waste in this section, when done by
the Contractor, shall be in strict compliance with all Federal, State, and Local
laws and regulations.
17.7 Other Considerations.
(1) No additional customer charges will be imposed for services
described in this Agreement.
(2) For purposes of this Agreement the conversion factor is presently
134 pounds per cubic yard; however, upon completion of commercial waste
24
generation studies conducted by the Solid Waste Authority of Palm Beach
County, the conversion factor may be adjusted accordingly.
(3) Contractors are required to containerize waste on the respective
job site(s) utilizing a Nichols container.
ARTICLE VII
CONTRACT PERFORMANCE /PENALTIES /DEFAULT
18. CONTRACT PERFORMANCE
18.1 The Contractor's performance of the Contract shall be supervised by the
Village Manager or his /her designee. If at any time during the life of the
Agreement, performance reasonably satisfactory to the Village Manager or
his /her designee shall not be made, the Contractor, upon notification by the
Village Manager or his /her designee shall increase the force, tools and
equipment as needed to properly perform the Contract. The failure of the
Village Manager or his /her designee to give such notification shall not relieve
the Contractor of his obligation to perform the work at the time and in the
manner specified by the Agreement.
18.2 The Contractor shall furnish the Village Manager or his /her authorized
representative with every reasonable opportunity for ascertaining whether or
not the work as performed is in accordance with the requirements of the
Contract.
18.3 The Village Manager may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the
Contractor shall admit authorized representatives of the Village to make such
inspections at any reasonable time and place.
18.4 The failure of the Village at any time to require performance by the
Contractor of any provision thereof shall in no way affect the right of the Village
thereafter to enforce same. Nor shall waiver by the Village of any breach of
provisions hereof taken or held to be a waiver of any succeeding breach of
such provision or as a waiver of any provision itself.
19. COOPERATION /COORDINATION
• 25
• 19.1 The Village and its authorized representatives shall be permitted free
access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractor.
19.2 The Contractor shall cooperate with authorized representatives of the
Village in every reasonable way in order to facilitate the progress of the work
contemplated under this Contract. He shall have at all times a competent and
reliable English speaking representative on duty authorized to receive orders
and to act for him in the case of his absence.
20. COMPLAINTS AND COMPLAINT RESOLUTION
20.1 Office The Contractor shall establish an office within reasonable
proximity to the Village where complaints can be received. The office shall be
equipped with sufficient telephones with at least one local phone number, and
shall be open during normal business hours, 8:00 o'clock a.m. to 5:00 o'clock
p.m., Monday through Friday. An emergency after hours telephone number
and contact will be provided to the Village Manager or his /her designee.
• 20.2 Complaints The Contractor shall prepare and maintain, in accordance
with a format and method approved by the Village, a register on all
complaints, and shall indicate thereon the disposition of each complaint. Such
record shall be available for Village inspection at all times during business hours.
The form shall indicate the day and hour on which the complaint was received
and the day and hour on which it was resolved. Normal complaint resolution
shall occur within 24 -48 hours. When a complaint is received after 12:00 o'clock
noon on the day preceding a holiday, or on a Saturday, it shall be serviced no
later than the next working day. A monthly listing of all the complaints filed of
both residential and commercial and their disposition shall be mailed monthly to
the Village Manager. Legitimacy of challenged complaints shall be
determined on the basis of a joint inspection by the Village Manager or his /her
designee and representative of the Contractor. Valid monthly complaints
should not exceed 1 % of customers served, nor a total of 2% per year. A fine of
$50.00 per valid customer complaint exceeding these percentages may be
assessed against the Contractor. Disputes shall be referred to the Village
Manager and his /her decision shall be final.
20.3 Disputes About Collection of Certain Items It is recognized that disputes
may arise between the Village and Contractor with regard to the collection of
certain items due to disputes over the specific language of the Contract. The
Village Manager may from time to time notify the Contractor by telephone to
26
remove all such refuse. Should the Contractor fail to remove the refuse within
twenty -four (24) hours from time of notification, the Village will do so and all
costs incurred by the Village shall be deducted from compensation due the
Contractor. Notice of the amount deducted shall be given to the Contractor.
If it is reasonably determined that disputed refuse did not conform to contract
specification, the Contractor shall be entitled to additional compensation for
removal.
21. DEFAULT AND DISPUTE OF THE AGREEMENT
It shall be the duty of the Village Manager or his /her designee to observe
closely the Contractor's services pursuant to the Contract. Any of the following
events shall be deemed to be a material breach of contract.
21.1 The Contractor takes the benefits of any present or future insolvency
statute, or shall make a general assignment for the benefit of creditors, or file a
voluntary petition in bankruptcy, or a petition or answer seeking an
arrangement for its reorganization, or the readjustment of its indebtedness under
the Federal Bankruptcy laws or under any other law or statute of the United
States, or any state thereof, or consent to the appointment or a receiver,
trustee, or liquidator of all or substantially all of its property; or,
21.2 By order or decree of a court, the Contractor shall be adjudged
bankrupt, or an order shall be made approving a petition filed by any of its
creditors or by any of the Stockholders of the Contractor seeking its
reorganization or the readjustment of its indebtedness under Federal Bankruptcy
laws or under any law or statute of the United States or of any state thereof;
provided that, if any such judgment or order is stayed or vacated within sixty (60)
days after the entry thereof, any notice of cancellation shall be and become
null, void, and of no effect; or,
21.3 By or pursuant to or under authority of any legislative act, resolution, or
rule, or any order or decree of any court of governmental board, agency, or
officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or
control of all or substantially all of the property of the Contractor, and such
possession of control shall continue in effect for a period of sixty (60) days; or,
21.4 The Contractor shall voluntarily abandon, desert, or discontinue its
operations hereunder; or,
27
21.5 Any lien is filed against any premises in the Village because of any act or
omission of the Contractor and is not removed or the Village and landowner
adequately secured, by bond or otherwise, within ninety (90) days after the
Contractor has received written notice thereof; or,
21.6 The Contractor has abandoned, failed, or refused to perform or observe
each and every promise in the Contract, or has failed or refused to comply with
the instructions of the Village Manager relative thereto; and such default is not
cured within seven (7) days after receipt of written notice from the Village. If
the Contractor fails to so cure the default, the Village Manager shall so notify
the Village Council and a public hearing shall be set for a date within fifteen
(15) days of such notice. The Village Manager shall, not less than five (5) days
prior to the date of such hearing, notify the Contractor and the surety of the
date and place of the public hearing at which the Contractor shall be required
to show cause why the Contractor has not breached the terms of the Contract.
Should the Contractor fail to appear at the hearing or fail to show cause why it
has not breached the terms of the Contract to the reasonable satisfaction of
the Village, the Village shall declare a breach on the Contract and notify the
Contractor and the surety on the performance bond of such a declaration of
• breach, or authorize the Village Manager to take such other action.
If the Contractor or his surety fails to cure such breach within a reasonable
time thereafter, then the Village may thereupon declare the Contract
canceled. Also, upon such a declaration of breach, all payments due the
Contractor shall be retained by the Village and applied to the completion of
the Contract and to damages suffered and expenses incurred by the Village by
reason of such breach, unless the surety on the performance bond shall assume
the Contract, in which event all payments remaining due to the Contractor at
the time of breach, less amount due the Village from the Contractor and less all
sums due the Village for damages suffered and expenses incurred by reason of
such default, shall be due and payable to such surety. Thereafter, such surety
shall receive monthly payments equal to those that would have been paid to
the Contractor had said Contractor continued to perform the agreement. If
such surety fails to exercise such option to cure, the Village may complete the
Contract or any part thereof, either by day labor or by reletting the Contract,
and the Village shall have the right to take possession of and use any or all of
the vehicles, materials, equipment, facilities, and property of every kind
provided by the Contractor for the performance of the Contract and to
procure other vehicles of the same and to charge the cost of the same to the
Contractor, together with the costs incident thereto. During such period, the
liability of the Village to the Contractor for loss or damage to such equipment so
28
used shall be that of a bailee for hire, ordinary wear and tear being specifically
exempt from such liability. In the event the Village completes the Contract at a
lesser cost than would have been payable to the Contractor under the
Contract if the same had been fulfilled by said Contractor, then the Village shall
retain such difference. Should such cost to the Village be greater, the
Contractor shall be liable for and pay the amount of such excess cost to the
Village.
Any transfer or assignment of the responsibilities of the Contractor by the
surety must be approved by the Village. The Contractor shall be excused from
performance in cases of war, insurrection, riot, acts of God, or other causes
beyond the Contractor's control. For the purpose of this section, a strike shall be
considered within the control of the Contractor.
21.7 Except as otherwise provided in the Contract, any dispute concerning a
question of fact or of interpretation of a requirement of the Contract which is
not disposed of by mutual consent between the parties shall be decided by the
Village Manager, who shall reduce the decision to writing and furnish a copy
thereof to the parties. In connection with any dispute proceeding under this
clause the party shall be afforded an opportunity to be heard and to offer
• evidence in support of its version of the facts and interpretation of the Contract.
The Village Manager shall make such explanation as may be necessary to
complete, explain or make definite the provisions of the Contract and the
findings and conclusions shall be final and binding on both parties. Pending the
final decision of a dispute, the Contractor shall proceed diligently with the
performance of the Contract in accordance with the preliminary directions of
the Village Manager.
The Contractor expressly recognizes the paramount right and duty of the
Village to provide adequate waste collection as a necessary government
function, and further agrees, in consideration for the execution of the contract,
that in the event the Village shall invoke the provisions of this section, Contractor
will either negotiate with the Village for an adjustment of the matter or matters
in dispute, or present the matter to a court of competent jurisdiction with venue
in Palm Beach County in an appropriate suit therefore instituted by the
Contractor or by the Village.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the Village at any time to require performance by the
• Contractor of any provisions hereof shall in no way affect the right of the Village
29
thereafter to enforce the same, nor shall waiver by the Village of any breach of
any provision hereof be taken or held to be a waiver of any succeeding breach
of such provisions, or as a waiver of any provision itself.
ARTICLE VIII
GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinances and maintain the same in full force and effect.
24. TITLE TO WASTE
The Village reserves the right at all times to hold title and ownership to all
Refuse, Vegetative Waste or Recyclable Materials collected by the Contractor.
25. FRANCHISE FEES
The Contractor shall pay to the Village a fee of six percent (6%) of all
gross revenues billed by the contractor arising out of solid waste collection
services or operations conducted in the Village. Solid waste disposal costs paid
by the Contractor shall be deducted from the gross revenue total prior to
applying the 6% for calculation of the franchise fee due to the Village. The
Village will collect Franchise fees on all Village billed (residential) services.
Franchise fees shall be payable within thirty (30) days of the last day of each
calendar quarter. A late charge of 1.5% of the monies due for the Franchise fee
shall be calculated monthly until payment is received.
26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
Subcontractors will be permitted only for the provision of portable
sanitation services for Special Events as noted under the Appendix. Otherwise,
subcontractors will not be permitted under the terms of the Agreement.
Contractor shall make no assignment of its rights or obligations under the
Contract without first obtaining the written consent of the Village, which may be
granted or withheld in its sole discretion.
27. BONDS AND SURETIES
•
30
i 27.1 Performance Bond The Contractor shall furnish a performance bond in
the form attached to these Specifications as security for the performance of the
Contract with the Village of Tequesta. Said performance bond will be the
greater of $300,000 or the annual amount of the executed Contract as
calculated at award and adjusted yearly on the anniversary date of the
Contract, to remain in force for the duration of the Contract. The premium for
the performance bond described above shall be paid by the Contractor. The
performance bond shall be written in a surety company licensed to do business
in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher
for the most current calendar year available.
27.2 Requirements: as to Surety The Surety or Sureties shall be a company or
companies satisfactory to the Village. Any Surety shall be required to have a
resident agent in the State of Florida and shall be duly licensed to conduct.
business therein. The requirement of Florida resident agent may be waived by
the Village if evidence satisfactory to the Village is provided that applicable
requirements have been met to permit service of process on a State official
under State law.
28. INSURANCE REQUIREMENTS
•
28.1 Contractor Insurance During the life of the Contract, the Contractor shall
procure, maintain and provide the Village with certificates of insurance as
evidence of the insurance required under this Section 28. The Village shall be
an additional insured (except on Worker's Compensation) on this insurance with
respect to all claims arising out of the operations or work to be performed.
Cancellation or modification of said insurance shall not be effected without
thirty (30) days prior written notice to Village.
Except as otherwise stated, the amounts and types of insurance provided
by the Contractor shall conform to the following minimum requirements:
28.1.2 Worker's Compensation The Contractor shall provide and maintain
during the life of the Contract, at his own expense, Workers Compensation
Insurance coverage to apply for all employees for statutory limits in compliance
with the applicable state and federal laws. In addition, the policy must include
employers' liability insurance in an amount not less than $100,000 each
accident, $100,000 by disease and $500,000 aggregate by disease. If any
operations are to be undertaken on or about navigable waters, coverage must
be included pursuant to the Longshoremen and Harbor Workers Act and the
• Jones Act.
31
28.1.3 Comprehensive General Liability_ The Contractor shall provide and
maintain during the life of the Contract, at his own expense Comprehensive
General Liability Insurance. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Office and must include:
Minimum limits of $1, 000,000 per occurrence combined single limit for
bodily injury liability and property damage liability.
Premises and /or operations.
Independent contractors.
Products and /or completed operations.
The contractual coverage must specify that it covers the Hold Harmless
Agreement which is part of this contract.
28.1.4 Business Automobile Policy The Contractor shall provide and maintain
during the life of the Contract, at his own expense, Comprehensive Automobile
Liability Insurance. Coverage must be afforded on a form no more restrictive
than the latest edition of the Business Auto Policy filed by the Insurance Services
Office and must include:
Minimum limits of $1,000,000 per occurrence combined single limit for
bodily injury liability and property damage liability.
Owned vehicles.
Hired and non -owned vehicles.
Employer's non - ownership. The contractual coverage must specify that it
covers the Hold Harmless Agreement which is part of this Contract.
28.1.5 Umbrella Liability In addition to the above limits, the Contractor shall
provide at least a $5,000,000 umbrella or excess liability insurance policy.
28.2 Certificate of Insurance Certificates of all insurance required from the
Contractor shall be subject to the Village's approval of adequacy and
protection. Certificates from the insurance carrier stating the types of coverage
32
• provided, limits of liability, and expiration dates, shall be filed with the Village
before operations are commenced. The required certificates of insurance shall
not only name the types of policies provided, but shall also refer specifically to
this agreement and section and the above paragraphs, in accordance with
which such insurance is being furnished, and shall state that such insurance is as
required by such paragraphs of the Contract. If the initial insurance expires prior
to the completion of the work, renewal certificates shall be furnished, in ten (10)
days prior to expiration, and shall state that such insurance is as required by such
paragraphs of this agreement.
29. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State
and local laws and regulations. It is understood that the Village has ordinances
for effecting a solid waste control program. It is the responsibility of the
Contractor to become familiar with such ordinances, and it is understood that, if
any provisions of said ordinances are in conflict with the conditions of the
Contract, the ordinances shall be the governing factor for performances of the
Contract.
30. INDEMNIFICATION
The Contractor shall defend, indemnify, save harmless, and exempt the
Village, its officers, agents, servants, and employees from and against any and
all suits, actions, legal proceedings, claims, demands, damages, costs, expenses,
and attorneys fees resulting from injury to or death of persons or damage to
property arising out of or resulting from the Contract or from work done by the
Contractor in the performance of the Contract except to the extent caused by
the negligence of or breach of contract by the Village. In connection with any
legal proceedings arising hereunder, the Village reserves the right to retain
counsel of its choice and at its own expense, or, in the alternative, approve
counsel obtained by the Contractor.
31. BOOKS AND RECORDS
The Contractor shall maintain separate records of accounts, complaints,
routes and other contract information specific to the Village of Tequesta's
contract area.
33
t
The Village shall have the right to review all records that pertain to the
Contract which are maintained by the Contractor upon three (3) days' prior
written notice.
32. NOTICES
Any notice required hereunder shall be in writing and delivered in person,
by telecopy or by certified mail to either party at its business address shown
herein.
33. TERMINATION
The Contract may be terminated by the Village, with cause, upon sixty
(60) days written notice to the Contractor, or after such shorter notice and cure
period as may be specified hereunder. In the event the Contract is terminated
as provided herein, the Contractor shall be reasonably compensated for
services rendered to the effective date of such termination, as mutually agreed
upon.
• 34. WAIVER:
The waiver of any breach of any provision hereunder by either party shall
not be deemed to be a waiver of any preceding or subsequent breach
hereunder.
35. GOVERNING LAW:
This agreement shall be construed in accordance with the laws of the
State of Florida. Venue shall be in Palm Beach County.
36. SEVERABILITY:
If any paragraph, section, sentence, clause or phrase contained in this
Agreement shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court or administrative body of competent
jurisdiction to be illegal, null or void or against public policy, the remaining
paragraphs, sections, sentences, clauses or phrases contained in this Agreement
shall not be affected thereby.
37 ENTIRE AGREEMENT:
34
• This Agreement constitutes the entire Agreement between the parties
relating to the subject matter hereof, and supersedes any oral or written
representations, assurances, claims or disclaimers made either prior to or
simultaneous with the execution hereof. This Agreement may be amended only
by an instrument in writing signed by both parties.
IN WITNESS HEREOF, the Village and Contractor have set their hands and seals
on the day and year first above written to this Agreement and three
counterparts, each of which shall constitute an original.
Village OF Teciuesta NICHOLS SANITATION, INC.,
a subsidiary of
Waste Management,lnc.
of Florida
/ x
Village Manager ✓ + c- ePreside t
. ATTEST:
By:
Approved as tform
illage Attorney
•
35
EXHIBIT
MUNICIPAL COLLECTION AND DISPOSAL SERVICE
Municipal Collection Service
The Contractor will provide containers and garbage receptacles to be
serviced by the Contractor in the following Village -owned or controlled areas.
Location /Site Address
Village Hall 357 Tequesta Drive
Tequesta Park 2280 County Line Road
Constitution Park/ Recreation Center 399 Seabrook Rd.
Public Service Center 136 Bridge Road
Village Water Plant Old Dixie Highway
SPECIAL EVENTS
• A maximum of eight (8) special events annually sponsored by the Village
which require refuse and sanitation services such as:
Village Concerts, Holiday events, Beach Clean ups, Youth Programs
EXHIBIT II
REFUSE, MULTI - MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RATES
SECTION 1: Residential Solid Waste, Recyclina and Vegetative Waste Collection
Service
The monthly residential rate per dwelling unit for collection prescribed in the
attached Agreement, shall be as shown below:
• 36
i Unit Cost
per Month
Hand Serviced Single Family Residences
Solid Waste Curbside - two (2) times per week $3.33
Vegetative Curbside - two (2) times per week $1.14
Recycling Curbside - one (1) time per week $2.16
Hand Serviced Single Family Residential Total Monthly Cost $6.63
Hand Serviced Multiple Dwelling Units
Solid Waste Curbside - two (2) times per week $3.33
Vegetative Curbside - two (2) time per week $1.14
Recycling Curbside - one (1) time per week $2.16
Hand Serviced Multi - Family Residential Total Monthly Cost $6.63
i
Hand Serviced Mobile Home Units
Solid Waste Curbside - two (2) times per week same as single
Vegetative Curbside - two (2) time per week family
Recycling Curbside - one (1) time per week
Hand Serviced Mobile Home Residential Total Monthly Cost $6.63
Multiple Dwelling Units Serviced by Mechanical Containers
(Units requiring service which exceeds the twice per week base level)
Solid Waste Containerized $3.50 per cubic yard
37
Solid Waste Back Door Carry -Out Rates
Disability, Certified by Doctor N/C
Unlimited Waste Only negotiated with customer
per month rate
Customers may own or rent Mechanical Containers.
SECTION 2: Commercial Collection Service
Unit Cost per Cubic Yard
• Solid Waste & Recycling Collection Services $3.50
(includes container rental and ancillary services)
Non - Rolloff Compactor Collection $5.75
The above rate is a fixed rate per yard. Actual customer prices for various
container sizes and frequency of service may be calculated as follows:
Container size X frequency of collection of collection per week X rate per
cubic yard X 4.33
TAXES:
The sums above shall not include Florida sales or gross receipts tax. To the
extent applicable such taxes are to be paid directly by the Village of Tequesta.
The sums shall include all other taxes now in effect which may be applicable.
38
;ent b HERITAGE AGENCY 412 242 3848; 02/23/99 5:23PM;J #152; Page 2/3
•
T
NATIONAL GUARANTY INSURANCE COMPANY OF VERMONT
7 BURLINGTON SQUARE, 6th FLOOR . 5URLINCGTON, VT 05-I01 . 1
•
EXTENSION CERTIFICATE
ITO BE FILED WITH OBLIGEE)
Band Numbers P540 -0312
To be attached to Bond described below, executed by NATIONAL GUARANTY INSURANCE
COMPANY OF VERMONT as Surety:
PRINCIPAL: NICHOLS SANITATION, INC_
OBLIGEE: VILLAGE OF TEQUESTA, FLORIDA
DESCRIPTION: collect, move and dispose of garbage within the limits of the Village
of Tequesta, Florida
Said Principal and said Surety hereby agree that the term of said bond is extended from
10 /01 /1998 to 10/01 /1999; subject to all other provisions, conditions and limitations of said
bond, upon the express condition that the Surety's liability thereunder during the original term
of said bond and during any extended term thereof shall not be cumulative and in no event
exceed the Sum of $300,000.00.
IN WITNESS WHEREOF, the said Principal and said Surety have signed or caused this
Certificate to be duly signed and their respective seals to be hereto affixed as follows:
Signed, Sealed ana Doted ()$/28/1998.
NICHOLS SANITATION, INC., (Principal)
5y' IS , NATIONAL (GUARANTY INSURANCE COMPANY
.7dh _ omey, Assista ecratary OF VERMONT, (Surety)
By: :f .-
Attarney•In•Fact, Susan D_ Precourt
&,Dn4 9 71
Sent «by: HERITAGE AGENCY 412 242 3848• 02/23/99 5:24PM
J etFax #152; Page 3/3
Y
r
POWER OF ATTORNEY
Know all Men by These Presents that the National Guaranty
Insurance Company of Vermont, 7 Burlington Square, 6th Floor,
Burlington, Vermont Corporation (the "Corporation "), has
constituted and appointed and does hereby constitute and appoint
Mary M. Bissonette, Julie S. Boucher, Susan D. Precourt and Marcy
Waterfall of Burlington, Vermont each its true and lawful Attorney -
in --Fact to execute under such designation in its name . and to affix
Its corporate seal to deliver for and on its behalf as surety
thereon or otherwise, bonds of any of the following classes, to
wit:
1. surety bonds to the United States of America or any
agency :thereof, including lease and miscellaneous surety
bonds required or permitted under the laws, ordinances
or regulations of any State, City, Town, Village, Board
or any other body or organization, public or private.
2. Bonds on behalf of contractors in connection with bids,
proposals or contracts.
The foregoing powers granted by the Corporation shall be
subject to and conditional upon the written direction of any
officer (or any designee of any such officer) to execute and
deliver any such bonds.
The signatures and attestations of such Attorneys- -in -fact and
the seal of the Corporation may be affixed to any such bond or
to any certificate relating thereto by facsimile, and any such
bond or certificate bearing such facsimile signatures or
facsimile seal shall be valid and binding upon the Corporation
when so affixed.
IN WITNESS VMRBOF, the Corporation has caused these presents
to be signed by its secretary /Vice President and its
President/ Treasurer, and its corporate seal to be hereto affixed
this 28th day of August r 19 98
Witne s: NATIONAL GUARANTY INSURANCE COMPANY
OF VEF44WT
r- 7 ss nn ,,
% N 1
Herbert A. Getz J n . Toomey,
Secretary /Vice Pre dent President /Treasurer
Rev 3/98
4*