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HomeMy WebLinkAbout1990-12-11 - City Commission Workshop Meeting MinutesCity Council Workshop Meeting 12/11/90/KJ Page 1 CITY OF TAMARAC CITY COUNCIL WORKSHOP M$STING TUMSDAY, DZCEMHER 11, 1990 Mayor Abramowitz called this meeting to Order on Tuesday, December 11, 1990 at 1:35 P.M. in the Conference Room 1. PRESENT.• Mayor Norman Abramowitz Vice Mayor Bruce Hoffman Councilman Henry Rohr Councilman Henry Schumann ARSENT AND EXCUSED Councilman Dr. H. Larry Bender At90 MUM - John P. Kelly, City Manager Dina McDermott, Assistant Karen Jackson, Secretary GUESTS• Eric Soroka, City Manager, North Lauderdale Stanley Hochman, Finance Director, North Lauderdale Mayor Abramowitz said there was a minor workshop meeting held on December 3, 1990 regarding recycling and there are many questions regarding the proposed contract. He said City Manager Kelly suggested Mr. Soroka attend this meeting to answer any questions. He said Mr. Soroka is the Chairman of the Five City Negotiating Team on the Recycling Program. V/M Hoffman asked if the five cities are obligated to go with this contract with Waste Management for additional recycling, whether the five cities agree with the proposal or not. He asked if the five cities can go elsewhere for the recycling of aluminum and glass. Mr. Soroka said the five cities have the right to go elsewhere through a bid process. He said the original interlocal agreement provides for a mechanism to add additional commodities with Waste Management. V/M Hoffman asked if all five cities are bound by the decision of the majority and Mr. Soroka said that is true. Mr. Soroka said the penalties would begin if all of the cities did not go along with the program. V/M Hoffman said those penalties are in the newspaper contract. Mr. Soroka said the original interlocal agreement talks about a recycling program with all commodities involved. He said the first year would be newspaper, second year would be glass and aluminum and the third year would be multi -family condominium units. Mayor Abramowitz said he had the understanding that if there is any dissatisfaction, the group can go out for other bids. He said based on that and the indication by Waste Management that when both of these commodities began, rather than it be $.76 it could be lowered $.67. He said in the proposed contract, Waste Management does not discuss whether there are any monies coming back or lowering. He said Waste Management is telling the cities that by their calculations, it is $.94 and they will give the cities a hiatus of a couple years. (See Attachment 1) Mr. Soroka said the original agreement was for $.76. He said he City Council Workshop Meeting 12/11/90/KJ Page 2 does not feel anyone contemplated that the figure would go than $.76 when the agreement reached the glass and aluminum He said for Waste Management to implement this agreement, t: will add four new trucks at their expense and 10 additional employees to the payroll. He said that is an additional co they will absorb.. He said when he met with the five city g the opportunity was there to work out a "Wilton Manors -type where the City can charge residents $2.50 and, depending on participation, the City can get back a disposal offset. He it all washes out. Mr. Soroka said the rate being paid for newspapers is one o lowest in the tri-county area. He said when adding glass a aluminum for the first two years, the $.76 will not be incr He said they are trying to maintain that cost. He said the 31% participation rate for newspapers and the five cities n do a better job with participation. He commended the City Tamarac for their recycling efforts and said more time is n to increase the participation. He said this agreement free increases for the first couple years. He said Waste Manage will not get the cost of living increase that they are enti to, based on this agreement. Mr. Soroka said the representatives of the five cities had th opportunity to vote in regards to looking at offsets. He s i everybody felt that the way the original contract was set u , assumes that the disposal rate offset is already included i there. He said it assumes that they get all of the recycla i items and whatever costs that they can get back, goes back tc Waste Management to reduce that cost. He said the overall gc has always been to keep the costs as low as possible for the residents to encourage their participation in the program. C/M Rohr said no where in the proposed agreement does he fi fact of auditing Waste Management regarding tonnage and pro Mayor Abramowitz said the proposed agreement does not say four new trucks will be purchased by Waste Management. He two trucks come from the grant received. Mr. Soroka said this amendment to the original agreement is in effect and in full force. He said the auditing process still in effect and the amount of newspapers being recycled expand for all of the items. He said this does not state t: more trucks will be purchased. He said everything that was original agreement is in force and the only things that are changing are those contained in the amendment. C/M Rohr said nobody knows what the aluminum and bottles wil bring in revenue. He said there is nothing in the proposed agreement that gives the cities some type of revenue in the future. He said if it is very successful and profitable and go way over what is anticipated in cost and profit, the citi not benefit at all. He said it is true that Wilton Manors c $2.25 up front, but they are now at the point of a refund, d the fact of sharing in the profits for the sale of the recyclables. He said they also get a 95% credit towards the tipping fees. He said Wilton Manors is now at a break even where it will not cost their residents anything. y hit u s' e 1 , h i a the s s a dit s ary n e e d t e [Fly t i Ea i t n t s r C/M Rohr said the five cities have nothing. He said after t e years, there will be more increases, despite what the profit Show. He said there is nothing provided in the proposed agr e that says that Waste Management must make reports and be and t as to costs and profits. He said if there is a windfall to h some of that money will be to eliminate the $.76. He said t e may even be a possibility for plastic recycling in the futur . said all of these things need to be taken into consideration. C/M Rohr said the profits should be shared by Waste Manageme t the cities. He said the residents have been bundling newspa e in the past at no cost and now it costs them money. He aske where the tipping fee credits are. He said Waste Management i s 1 1 City Council Workshop Meeting 12/11/90/KJ Page 3 not telling the cities how much profit is being made. He said something needs to be done to protect the cities and to verify that the cities are getting a legitimate deal from a monopoly. City Manager Kelly said the garbage rate in Wilton Manors is $13.18 per unit whether it is a condo or single-family unit. He said there was consideration given to the profit motive in the beginning of the deliberations. He said the cities were quite willing to share in whatever profits were made and Waste Management's response was to ask the cities if they were willing to participate with the risks up front. He said no one wanted to participate in the risks up front or put more money initially to share in the future. He said the initial intent from the five cities was to keep it as low as possible. He said he does not see Wilton Manors breaking even. Mayor Abramowitz said the monitoring of Waste Management is nonexistent. He said he has asked Waste Management a number of times, to'supply a breakdown of how much garbage and recyclables is picked up i.r_ the City of Tamarac. He said he always gets the same answers, such as not having a truck exclusively for Tamarac. Mr. Soroka said the cities get the statistics for the newspaper recycling. Mayor Abramowitz said he was present, as an observer, at the beginning of the discussions regarding recycling. He said Waste Management worked out a formula from the projections on the savings of the tipping fees, which is how they arrived at $.76. He said he cannot agree with changing the contract to a seven year contract. He said there is an existing automatic renewal provision in the agreement. He said Tamarac has done an excellent job in the recycling process with participation. He said he does not feel it is right to punish the residents for a job well done by charging them fees. Mayor Abramowitz said he understands there is no profit motive in this agreement; however, there should be a limit as to where the cities can benefit above a certain level. He said there are many people in the City that are already collecting aluminum for the recycling effort. Mr. Soroka said the risk can be taken, which was originally offered. He said one proposal was that the cities would have to have a higher participation rate of 50% and 95% disposal offset would be given back to the cities, but this would be at a higher cost going in. He said the concern was that the participation rate which was agreed to in the contract was at 42%. He said an increase was eliminated due to the contract extending for two years. He said this is also telling the residents that there is a cost for picking up glass and aluminum for trucks and other equipment. Discussion was held regarding the rates after the third year. (See Attachment IA) He said the concept was to try to keep the costs low to the residents. He said the group felt they did not want to assume all of the risks that Waste Management was trying to push on them. C/M Rohr said 40,000 households does not include any condominiums and Mr. Soroka agreed. C/M Rohr asked what will happen when the condos do get involved. He said Tamarac will have a lot more tonnage when the condos become involved. He said condos have not been considered. Mr. Soroka said that was not what he was directed to do. He said the original Resolutions that were adopted by every City Council stated the first year would be for newspaper for single-family only, the second year would be for glass and aluminum for single- family and the third year would be for multi -family. He said when the multi -family situation begins, there will be a new contract, Addendum #2, which could reduce the cost; however, this is not known at present. Mr. Soroka said the cities have received grant funds to purchase City Council Workshop Meeting 12/11/90/KJ Page 4 the containers, which are being stored in Lauderhill at pres C/M Rohr asked what type of capital equipment Waste Manageme t purchased at present. Mr. Soroka said Waste Management purc a 3 trucks and the cities purchased 2. He said they will be a d an additional 4 trucks. Mayor Abramowitz said he cannot see anybody complying if there is not a benefit. Mr. Soroka said the cities came back with 42% compliance. He said Waste Management wanted 50% participation. He said the 42 as based on studies done on Coconut Creek's recycling coordinat r looking at the average resident in Broward County. Mayor Abramowitz asked if the 42% would satisfy both parties equitable basis and Mr. Soroka agreed. Mayor Abramowitz asked what is wrong with contractually stat anything above 43% or 44% is in participation. He said he i interested in Waste Management but is interested in the five cities and their responses. Mr. Soroka said in an arrangement like this, a 50% participa rate would be needed and then the cities would get a certain amount over the material that was generated, back in revenue there would also be some disposal offset. He said the citie would be looking at their own individual rebate programs per month. He said this would mean calculating this monthly or quarterly trying to rebate this back. Mayor Abramowitz said he understands this cannot be done witiout using a scale and weighing it all. He said there is no inceitive in this agreement. Mr. Soroka said the incentive is to meet the 6,000 ton goal ind this is not met, it will cost more in the third year. He said there is a possibility that it will remain $.76 for 7 years depending on the participation except for COLA increases. He sai no one else can freeze that cost based on participation. C/M Rohr asked why it is more costly to Waste Management if he get 50% participation. He said if the 50% participation is of met, the cities do not benefit and the same price is being p id. He asked why there should be a change in the up front basis. Mr. Soroka said the same operating costs occur every day 30% or 50% participation is achieved. He said the trucks still operating and being manned. V/M Hoffman suggested keeping the participation at 42% and i participation reaches 50%, share the revenues. Mr. Soroka said Waste Management is assuming that they are g to do better than 42%. He said when looking at the monthly participation rates on newspapers, there are very few routes 50%. Mayor Abramowitz said there are some cities that are doing 3 . Mr. Soroka said if the cities are looking for an agreement like that, they will have an increase in the first year. Discussion was held regarding the percentages and revenues. V/M Hoffman suggested going along with 42% then anything abo e 50%, the cities would like the benefit of the revenue. C/M Rohr said some cities are not producing as much as they supposed to. Mr. Soroka said this needs to be looked at in rounded basis. C/M Rohr asked if there is one city that has a high percent City Council Workshop Meeting 12/11/90/KJ Page 5 the others are not achieving this, is there a point of sufferage. Mr. Soroka said there is no suffering. He said the group agreed up front that they would not penalize anyone for the differences. Mayor Abramowitz said this has nothing to do with Waste Management and Mr. Soroka agreed. Mayor Abramowitz said he feels that the compliance rate of a route in a City should be considered. He said he does not want rewards or punishments. He said 7 years was not a part of the original agreement. Mr. Soroka said no formal decisions were made at the administrative meeting held the previous week regarding the proposed agreement. He said he was instructed to negotiate an agreement. He said the additional 2 years is in there to try to decrease the up front costs for the first couple years and not have any increase to the residents based on a 7 year agreement. He said Waste Management wanted a 10 year agreement but through negotiations, agreed to 7 years. Mayor Abramowitz asked what the alternative was to not going with the 2 year agreement. Mr. Soroka said there would be a cost of living increase and the formula would take effect in the first year. Discussion was held regarding the cost of living increase rates and the formula on Page 3 of the agreement. (See Attachment 1) He said with all of the proposals that were submitted, Waste Management was looking for 50% plus. Mayor Abramowitz said he would be willing to pay the extra $.03 and have the opportunity to get some benefits out of it, if entitled to benefits. He said that is a calculated risk business decision. He said if their formula is going to kick in for noncompliance and non -tonnage, there should be something as a reward for compliance and above tonnage. Mr. Soroka said he has concerns that if the participation is raised to 50%, the cities will not meet it and the residents would be looking at 2 increases within the year. Mayor Abramowitz said he wants it to remain at 42% and anything over 50%, let there be a formula of some participation. Mr. Soroka said he will discuss this with Waste Management and the other cities and see if this is feasible. C/M Rohr suggested a 45% participation cutoff rather than 50%. C/M Schumann asked if the 42% participation rate is for all five cities and Mr. Soroka said, yes. C/M Schumann asked if it is based upon the fact that the condos are not yet in the program. Mr. Soroka said this is regarding single-family homes in this agreement. C/M Schumann asked what happens to the rest of the newspapers if only 42% participates and Mayor Abramowitz said the rest is thrown out with the garbage and not recycled. City Manager Kelly said he understands Councils' concerns. He •said Mr. Soroka understands their position and will make the proposals to Waste Management and get their responses. Assistant City Manager McDermott said she agrees with this concept and it would be interesting if something can be done over 50% or even less. Mayor Abramowitz asked if Council would go with a 7 year contract City Council Workshop Meeting 12/11/90/KJ Page 6 which may be part of the formula. V/M Hoffman said he would go along with 7 years with a kickb c 50%. He said he would like it clearly understood that every t an addendum is added to the contract, they do not raise the i C/M Schumann asked if they would agree to 42%. Mr. Soroka said they would not agree to a ceiling of 42%. C/M Rohr referred to Page 2 of the Memo. (See Attachment 1) HB asked if Waste Management is claiming that they are losing m ne at 31% at present. He asked if Waste Management has been able show a loss or gain of money. 2 Mr. Soroka said the cities were lucky to negotiate the three of of the formula for the newspapers. He said it will not cost additional monies, even at 31%. He said Waste Management is not telling the cities that they are losing money on the newspap rs. He said they would be happy just to continue with the newspa ers He said they are now taking on glass and aluminum, buying fo r more trucks, hiring 10 more employees and are looking to cov r their costs. He said they wish that the papers were coming n a better rate than 31%. He said a 50% range is a major cone r considering the route problems. He said by not having an in r se for the first 2 years, there is enough time for the cities that need to go out and sell this program better. He said if the cities tell the residents that it will cost them more, there wi not be the participation needed. Ill C/M Rohr suggested mandating the recycling by Law and Mr. Soc-oka said that can be done. Discussion was held regarding the ci ie mandating the recycling and the enforcement of it. V/M Hoffman said the Ordinance said that the a person could o to Jail if not in compliance. Mayor Abramowitz said Council is unhappy that condos are not participating in the program. He said the condo residents are complaining that they feel they are second class citizens an single-family homeowners complain that they have been discriminated against. He said he understood that in 1 year t condos would begin in the recycling program. He said the Co d Task Force in Tamarac has done a masterful job in serving ev r single condo and are ready to go. Mayor Abramowitz said he would like to propose to the other o cities some type of mechanism to reward somebody for doing w 1 and penalize somebody not doing well. He said if one city i doing 8% and another city is doing 50%, there should be some h done. He asked that Council express their opinions regardin agreement, based on the participation after a certain level, t with the 7 year contract. ZXPRESSION OF INTEREST: V/N Hoffman - Y S C/M Schumann - S C/M Rohr - N Mayor Abramowitz - Y S Mr. Soroka said they are trying to alleviate some of the problems with multi -family homes by providing roll off containers. Mayor Abramowitz said there are people who are anxious to participate and have nothing to participate in. Discussion was held regarding these problems. Mr. Soroka said when the cities begin multi -family recycling will put them in a better position for negotiating a better contract. C/M Rohr said he does not feel a 7 year contract should be V/M Hoffman asked who handles lost, stolen or broken contain+r City Council Workshop Meeting 12/11/90/KJ Page 7 Mr. Soroka said that is internal and he does not think that decision was made yet. C/M Schumann asked if this would be clear glass and what is done with the colored glass. Mr. Soroka said the colored glass is thrown out in the garbage. Discussion was held regarding the various glass. C/M Rohr said he feels the 1-1/2 to 2% should be eliminated. Mr. Soroka said he is not happy with that and it was unanimous at the Recycling Task Force meeting. With no further business, Mayor Abramowitz ADJOURNED this meeting at 2:30 E.M. CAROL EVANS, CITY CL R "This public document was promulgated at a cost of $95.28 or -�.2..72 per copy to inform the general public, public officers and employees of recent opinions and considerations of the City Council of the City of Tamarac." 1 N . Jerry Resnick VICE-MAYORJack Brady'- �,. A'`� �4 v w �� Cn,v COUNCIL CITY Sim Hill0brand Rich Moyle Bill %inmen CrrY AT Recipients Fax it*.t so: Date$ 7, it? BMW sine t . �I. Tl�ie transmission contaLne pages Including this ="r sheet. . 3PLIS References comments If any problems occur ift receiving this jaesoage, please call this office at (303) 722-09001, Fact. 441. Thank you. Wp/.form. !ex 7M s W. list AVENUE / NOWN LAUDUO 4E FLOO DA 33MI-Mi TELEP,+WIP MUM n?-MM 1.21111% i . i. il 1 1 TO: FROM: DATE: y - . CiTY -OF, NORTH LAUDERDALE OFFICE OF THE CITY MANAGER Joint Recycling' Group 00 Eric M. Soroka, Cei Novembers 27, low SUBJECT: Proposed Residential Curbside Recycling Agreement Amendment No: 1. Enclosed herein, is the proposed Residential 'Curbside Recycling Agreement Amendment No. 1 which provides for the expansion of the Recycling Program to Include glass and elurninum commodities.. A meeting has been scheduled for December 5, 19W at 10:00 a.m. at North Lauderdale City Hall to review the amendment. The amendment has been negotiated over several months with Waste .Management based on the guidelines established by the Group Cities. The . major points of the agreement ere as follows: 1. 6291lon I - Revised to add gear glass and aluminum contalners as recyclable materials with an effective date of April 1, 1991. Eliminates the bundling of newspapers and provides for the placement of materials In the appropriate container. 2. Section , 2 • Extends the term of the agreement in order, to reduce up ' front Ingreases/costs..: 3. 32ctign 3 - Provides for the placement of recyclable materials In the appropriate container, 4. ,69gtga - Waste Management *grass to provide the equipment and supervision at its expense and the Group Cities agree to provide the manpower to deliver the containers to ail residents • required to participate in the program. Waste Management will provide at no cost a thlrty.yard roll off container to be placed at a secured public facility in each one of the Group Cities. This was established to provide a collection point for those areas not included in the single family residential program, It Is anticipated that this will assist with meeting minimum tonnage requirements. n K� Proposed Residential Curbside Recycling Agreement Amendment No.1. Pave 2 r S. �n 9 - Ellminates the word bundle. S. AW 13.12 - - The minimum tonnage requirements to maintain the current rate of .Wn been revised to Include the additional commoditles and is based c participation rate, - The total average adjusted tons of all material$ is the minimum requrrer example, if more aluminum Is collected then 'newspaper and the tote adjusted tone is met, a rate adjustment would not occur at that point. - No rate adjustment from December 18, 190 to March 31,1992. Ante edit Istment caps out st .93/month and Is subject to current formula 1, 1992 to March 31, 1993. After April 1, 1893 the rate adjustment Is subject to the formula. The rate adjustment limitations In the first three years of the agreerr Instituted to provide adequate time to educate the public and Improve V participation rate of. 31 % to 42% which 1 feel is on obtainable goal containers are distributed to the public 7. $sdga 13 - Eliminate the required COLA increase in 1991 in order to i Increase of the current ' rate in 1991. S. U91lon 2424 - Waste Management requested this revision based on the i commodities. Please review the agreement and advise my secretary H you cannot attend the EMS/ja 9 1 �I 1 4 • r, THIS AMENDMENT to'the RtSIDENTIAL CURNSIQS RECYCLING AGREEMENT dated December tee, Rase by and between the JOINT RECYCLING pROUP CITIES (hereMnafter referred to as "GROUP CITIES1 and SOUTHERN SANITATION SERVICE (hereinafter referred to se "CONTRACTOR'), a division of WASTE MANAGEMENT INC. OF FLORIDA made and ~od Into this day of WHEREAS, the JOINT RECYCUNG GROUP OME$ wish to expand Its recycling sfforte by adding glass and sluminum oommodltloo for residential curbslde recycling collection *Woos; and . WHEREAS, the lieeidsntlsl Curboldo Recycling Agreement requires the GROUP CITIES and CONTRACTOR'to nsgotlete mvtilons to thi current agreement in the event additional commodities are Included In the realdentlai otibslde recycling collection irwtas; and WHERZA8, the CONTRACTOR and GROUP CITIES Well to setforth the terms and conditions of the amendment to the agreement. NOW THEREFORE, for the mutual benefas and other oonaldsratlons rsahed herein, the parties hersto agree that the following sections of the "Intl agreement dated December 111, 1990 are herby revised as follows: Recyclable Materials: Initially,, newspapers only; the materials may be expanded per Ssotlon S to Include glass bottles, metal cans (aluminum and stool), plastic container# and such other Recyclable Materials as the.partles may designate to writing. Newspaper @Wl be fled or bundled "ohle i serviced: clear glllgand A;ll Wvclable materlsis shell baSjsoed In thssnnr�nrlats The term of this Agreement ihall pi for i psrlod of iVe(4 years sewn myeare from the date of execution of Amondmant Ne. 1.' The term of this Agreement shall be auto renewed for t1Ke terms hereafter unless either party shall give written notice of termination by oartifled mall to the other party at least 00 days prior to the termination of, the Initial farm or renewal term. Resident *I Ourbeldi Recycling Agreement Amendment No. 1 . . I Ii , ' . 3, loops CONTRACTOR shah be the exolueW0 eolleotar of ON Recyclable Materials which are � residents from normal hou"haid discards and Mullincurbside an pubilc streets Or at same other specifically defined location Cottectlons hereunder ohs# oommenoo upon the delivery of vehicles referenced In $cols, or on such earlier date as a recycling vehicle Is available for oagectlon of Rsayolsbll Collections shalt be mode from an single family homes (collscthrely'anj or any unit n oontalnerised residential refuse service, located In the cities of the GROUP CITIES. Th Coilrctlon 8ervlcee performed else" be expanded to Include ag 'newly constructed l� notification at a member Of GROUP CITIES to CONTRACTOR. a) CONTRACTOR stall at Its Soh poet and expense, except as otherwise provN furnish all labor and equipment regWod to Warm ourbsids oogsotlon of Materiels pursuant to this Aammom b) GROUP CITIES agree to Provlde -funding obtained from Slats and/or county CONTRACTOR to purchase two 41) Rooycloble Materiaals Collection vehicles n epeclflcatlar» contained in Exhibit A. CONTRACTOR shag purchase such v GROUP CITIES and transfer the vehicles to the GROUP CITIES when the grant obtained. CONTRACTOR shag thereafter We$$ the two cogeotleon vehloles from i CITIES for one dollar per year. CONTRACTOR shag be responsible for Insurance heroin In Section 20 and maintenance of sold vehicles during the term hsreo, CITIES recognizes that CONTRACTOR has no control awe the delivery dots* of see and agrees to expedite the dal Iwry of said whldes.- ej In the 6yont this Agreement b terminated as provided for herein the two (2) vohtclos or any other additional collection vehicles which msy be purchased from f shall become the property of,the GROUP CITIES. dj Ihs OROU.P CITIER shall nmuma oti. ,.....�.r.._.� �_:...- ---• .__-- - _ e) The first time a resident does`nct property osgrsgittabill said rrlatsrlals CON1'RAC Pick-up Recyclable Matsdals as described in 8e0tion'.1 of this agreement. in addition CON w111 Issue a *Mon notics to the resident which ooritalne Instructions far the proper esgr Raeyalable!Msteriale. After the first time the 8006'resldent•does not properly segregate Cods;. Wattle In all deletions. Words In ggubit Uaddfttona, by is 1 1 11� C 1 1 . Residential Cuftidd Reoycilnb Agreernint Pago 3 Amendment He. 1 the materials, CONTRACTOR an refuse to make a pick-up. At Sip time of refusal to make the pickup CONTRACTOR shell issue a notloe who the resident whcor+Minp Instructions for the proper segrspsticn of Rioyolabls Materials. Further incidents of no*complianoe by a resident shall be reported to the respective member of the GROUP CITIES. It oholl not be required for CONTRACTOR to Issue a subsequent notlos to the resident for any further Inkrsotbne after the second occuronce. a) The monthly fee to be provided to CONTRACTOR Is 0.76 par unit per month. b) During the We! !hre -yeah of the term hereof the rate per unit Is contingent upon each unit serviced generating adjusted tons of recyclable paper -per year for collection by CONTRACTOR =3ZA2=s_*oII9gJJng the AR iiiiiiiiiiiilt 1 In the event the average adjusted,] tons par year Is not oonectsd by CONTRACTOR, during *ny *W8111he IIII0 these Well j ftLIM of this Agreerneq the provialons owllned In paragraph lac) for a rate adjustment shall be Initiated by CONTRACTOR. For example: the total adjusted tons per year for 3e000 units would be *W JW tons of recyclable. nswspaps e) The CONTRACTOR within ninety (90) days of the anniversary date of oervlce nary psthlon the GROUP CITIES for a rate adjustment to offast any Ions of revenues dus to a deficit In the projected annual tonnage for. the preceding year. The GROUP CITIES upon its review and verification of the CONTRACTOR petition agrees to authorise a rate adjustment per individual unit to the nearest whole oent based on the following formula: Monthly .Unh. • Number of tons Annul "hied aysmg o Rots Adjustment -- 12 months number of units Example` assuming i0e9 JJW tons generated: Wo is months ,The monthly u6k rate adjustment ea calculated will be added to the ourrsnt tits on the anniversary- date, of commencement Of service for the next iZ month period. Wk-r-n 1 ::tT M ;!, ITT Residential Gurbeldi Racy Aing Agreement Amendment No. 1• 4 d) The rates charged GROUP CI711E8'hsreunder stall not be higher than those+ CONTRACTOR for a similar recycling program. In the went CONTRACTOR p services at a lower rats, .the rates charged hereunder shaft bi revised to such e) Each member City of GROUP CITIES expressly valves, any right It may hav reduction in rote or other bensfit to which It may be entitled to dus to the avoid, disposal or sale of the recyclable materhds collected by CONTRACTOR In soc this agreement. • ENeMiys i nc.ry 1. yeas, the idler charged hereunder shall be Increased or doorsat durin; the t„rm, NNW on the anniversary date Of commenosment of sarvloe by th change In the Consumer Pros Index for the previous twelve months for Miami, Florida by the U.S. Department of tabor. The cost of living adjustment shag be applied to th prior to! any other Inorseses for calculation purposes. As of the date of this agreement, CONTMCTOR or an affillato provides solid wash c disposal service for each member of the GROUP CITIES. ' In the *Vent that a memb CITIES ceases to use CONTRACTOR or an afflllats as Its solid waste collector, the offs shall pay an additional monthly be par unit to CONTRACTOR that Is equal to44%X current disposal fee for the member which no longer uses the solid waste nolisetlo CONTRACTOR or an aNldlate for the remaining term of the contract. IN WITNESS, WHEREOFp- tha 'partiss hereto have set 'their hands as of this ' 1990 tp this "06,11 Amendment lo the Residential Curbelds Recyolin doted December 19• 1989. SOUTHERN SANITATION SERVICES, I Division of Waste Management Inc. of Florida eye Cone: words In ilrikeep deletions. Words In sloLble und.rHne sdditlons/ n db sue its. redlt, if the With year stage shad rate sand SOUP mbar then is of Y of TT 11 - Rasldentfal Curboldo Rsoyolinp Agreement page 0 Amondment No. t GROUP CTES: CITY OF COCONUT CREEK By: This: AW: APProved as to form and suf sncy: CITY OF LAUDERHILL By, Title: I Approved as to form Aaast: and sufflolancy: CITY OF MAROATE Tide: Meet: Approved as to form . and sutflolency: CITY OF NORTH LAUDERDALE By: ' TM: Attset: Approved as to form and suMiclonoy: '"•�.wrrimnnnrrur CITY OR TAMARAC By: ; Tltfo: AtNats Approved as to form and sumalenoy: Version No. 1 III WP/Re"j"n.Nol . 1 1! 5heetl 0.1529 total average adjusted tons /unit /year z 40,000 Household served 6,116 Total tons needed 4,053 Average adjusted tons for newspaper onl 2,063 Needed for glass and alum. Page 1