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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2004-001Temp. Ord. # 2029 November 12, 2003 Rev. 1 — December 8, 2003 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2004 C ," AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A COMMERCIAL GARBAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND SOUTHERN WASTE SYSTEMS, LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, § 19-29 of the City of Tamarac Code of Ordinances provides that any person desiring to engage in the business of collecting garbage and trash in the City shall, before commencing in or soliciting such business, enter into a franchise agreement with the City; and WHEREAS, § 19-36 of the City of Tamarac Code of Ordinances establishes a limitation on the number of commercial garbage franchises at a maximum of seven (7) and provides standards to be considered when granting franchises; and WHEREAS, there are presently four (4) commercial garbage franchises in the City, including All Service Refuse, Browning -Ferris Industries, Waste Management, and DisposAll of South Florida; and WHEREAS, Southern Waste Systems, LLC has requested to enter into a Commercial Garbage Franchise Agreement with the City, a copy of said request attached hereto as Exhibit 1"; and WHEREAS, a review of references and supporting documentation provided by Southern Waste Systems, LLC indicates satisfactory performance and an ability to satisfy all required prerequisites as set forth by City Code in order to be awarded a franchise; and WHEREAS, the Director of Public Works recommends the execution of a Temp. Ord. # 2029 November ^ 2, 2003 Rev. 1 -- December 8, 2003 Page 2 Commercial Garbage Franchise Agreement between the City of Tamarac and Southern Waste Systems, LLC; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to execute a Commercial Garbage Franchise Agreement between the City of Tamarac and Southern Waste Systems, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The appropriate City officials are hereby authorized to execute the Commercial Garbage Franchise Agreement between the City of Tamarac and Southern Waste Systems, LLC, attached hereto as Exhibit "2" SECTION 3: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. 1 1 1 1 1 SECTION 5 passage and adoption. Temp. Ord. # 2029 November 12, 2003 Rev. 1 — December 8, 2003 Page 3 This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 17`h day of December, 2003. PASSED, SECOND READING this 14'h day of January, 2004 ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. 1 MITCHELL S. KRArT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Re4ding MAYOR SCHREIBER DIST 1: COMM. PORTNER��.. DIST 2: COMM. FLANSBAUM-TALABISM,,__ DIST 3: COMM. SULTANOF DIST 4: V/M ROBERTS RECORD OF COMMISSION VOTE: 2nd R-eading MAYOR SCHREIBER 1. DIST 1: COMM. PORTNER DIST 2: COMM. FLANSBAUIIA=TALABISCO.__ DIST 3: COMM. SULTANOFi• DIST 4: V/M ROBERTS TEMP ORS 2029 EXHIBIT 1 October 27, 2003 City of Tamarac Attention: Amber D'Amato 6011 Nob Hill Road Tamarac, Florida 33321 Dear Ms. D'Amato: Please accept this correspondcrice as a formal written request for franchise agreement with the City of Tamarac l:or commercial waste hauling. Also, Please find attached a list of our refrences for your liic. Please forward additional information, if needed, or you can contact nle at (954) 341- 4550. Four assistance is greatly appreciated. Thank you. Sineel_ely, /: .10mi Stanzione, Senior Admltistrator Government Contracts Division Attachment(s) An equal opportunity / affirmative action employer 790 Hillbrath Drive - Lantana, Florida 33462 -Telephone: 561-582-bb88 Fax: 561-582-66%4 SOUTHERN WASTE SYSTEMS REFERENCES City of Tamarac (Tamarac) Gene Dupuis 954-724-1357 Aventura Lakes Homeowners Association (Aventura) Joel Wadsworth 305-542-4906 Pompano Condomium Association (Pompano) Mike Richter 561-368-6622 Copans Business Center (Pompano) Jan 954-485-9200 J.P.1. (Boca Raton) David Whellcr 954-325-3533 An equal opportunity / affirmative action employer _............. -790 Hil'brath Drive Lantana, Florida 33462 Telephone: 561-582-6688 Fax: 561-582-6674 SOUTHERN WASTE SYSTEMS, LLC Rolling Stock Updated as of 10/16103 YEAR MAKE SWS MODEL VIN NUMBER TAG COST NEW OPERATIONS VEHICLES 2001 MACK 15 DM690s Roll Off 1M213209CX1M027891 M1676Z 110000 2001 Mack 25 RD690 Roll -Off 1M2P267C51M057683 M6422R 107000 1998 MACK 35 DM690s Roll Off 1M2B209COWM023386 M4845R 102000 1998 MACK 45 DM690s Roll Off 1M2B209C1WM023235 M4846R 76000 1996 MACK 55 R0688S Roll Off 1 M2P267CXTM029736 M4848R 104000 1997 Mack 75 CH600 Tractor lMlAA1241VW071349 W841TA 18000 1999 MACK 102 MR688 FIE Loader 1WK195C4XM013006 M6419R 150000 2003 Mack 103 MR690 F/E Loader 1M2K189CX3M022646 M4847R 155000 1998 MACK 105 RD688S Roll Off 1M2P267C2WM035499 M4844R 105000 1998 MACK 115 DM690s Roll Off 1M2B209COWM021850 M3606Z 70000 2000 MACK 125 RD688S Roll Off 1 M2P267C3YM052640 M3673Y 85000 2000 MACK 135 RD690s Roll Off 1M2P267C7YMO2169 M2313S 103000 2000 MACK 145 RD690s Roll Off 1M2P264C9YM031540 M1677Z 110000 2000 MACK 155 RD688S Roll Off 1 M2P267C9YM052173 M3682Y 112000 2000 MACK 165 RD688S Roll Off 1M2P267C1YM052636 M3681Y 112000 1996 MACK 175 RD688S Roll Off 1 M2P264CSTM019135 M87-95Z 85000 2000 MACK 195 RD688S Roll Off 1 M2P267COYM048304 M87-96Z 103000 2000 MACK 205 RD688S Roll Off 1 M2P237CYM048294 M87-99Z 103000 2000 MACK 215 RD688S Roll Off 1 M2P267C9YM051377 M87-98Z 103000 2001 MACK 225 RD690 Roll -off 1 M21`267C41 M057884 N3520A 107000 1998 MACK 235 690S Roll -Off 1 M2P267C2WM043280 M8421 R 55000 2000 MACK 345 RD688S Roll Off 1M2P267C1YM051373 M1018Y 116613 2000 MACK 355 RD688S Roll Off IM2P267C8YM050351 M12-47Y 116613 2001 Mack 365 RD690 Roll -Off 1M21`267C31M059349 N7668C 107000 2000 Mack 375 RD690 Roll -Off 1M2P64C9YM030680 N7230C 107000 2000 Mack 385 RD690 Roll -Off 1M2P264C9YM030825 N7229C 107000 2003 Mack 395 RD690 Roll -Off 1M2P267C73M065240 N7228C 107000 2003 Mack 405 RD690 Roll -Off 1M2P267C63M065293 N7227C 107000 2003 Mack 415 RD690 Roll Off 1M2P267C23M066585 N3795E 110000 2003 MACK 425 RD690 Roll Off 1 M2P267C93M066583 N3796E 101000 2003 1 Mack 435 RD690 Roll Off 1M2P267C63M066587 Temp 108000 UPI i R I D COMMERCIAL GARBAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC WAD SOUTHERN WASTE SYSTEMS, LLC CONTRACT BETWEEN CITY OF TAMARAC AND TABLE OF CONTENTS Section Description Page 1 Definitions 2 2 Grant 4 3 Fees 5 4 Term 6 5 Obligations/Scope of Service 6 6 Disposal of Solid Waste 7 7 Recycling Program 8 8 Labor Force 8 9 Equipment 9 10 Performance Bond 9 11 Vehicle Identification 10 12 Regulation of Collection Containers 10 13 Health and Sanitation 11 14 Performance Evaluation and Monitoring 11 15 Non -Compliance by the Contractor 12 16 Termination by the City 12 17 Books and Records 14 18 Indemnification 14 19 Insurance 14 20 Contractor's Local Office 17 21 Customer Complaints 17 22 Miscellaneous Provisions 18 Exhibits 26 1 SERVICE CONTRACT This Service Contract (hereafter the "Contract") is made by and between the CITY OF TAMARAC, FLORIDA, a home rule municipal corporation (hereafter the "City") and SOUTHERN WASTE SYSTEMS, LLC, a Florida corporation, (hereafter the "Contractor"), both acting by and through their duly authorized agents and representatives. (The City and the Contractor may be hereinafter referred to together as the "Parties.") RFrITAI C WHEREAS, the City desires to provide commercial establishments within its corporate city limits with solid waste collection, transport and disposal services by engaging independent contractors to perform such services; and WHEREAS, a Florida corporation with offices in Lantana, Florida, desires to provide the City with commercial solid waste disposal services on a contract basis. NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set forth, the Parties mutually agree as follows: SECTION 1. DEFINITIONS Unless otherwise specified herein the following terms shall have the following meanings: 1.1 "Collection", "Collect", and "Collected" shall all refer to and mean the collection from the Customer's premises, Storage (as that term is herein defined) if necessary, delivery to the appropriate disposal site, and proper disposal of solid waste, all in compliance with all applicable federal, state, county, and local laws, statutes, ordinances, rules, and regulations. 2 1.2 "Contract Year" shall mean a twelve-month period of time beginning on the Commencement Date (as herein defined) and any successive 12-month period thereafter. 1.3 "Customers" shall mean those persons and/or entities which enter into service contracts with Contractor for the Collection of Solid Waste, such as industrial and business sites, office, warehouse and apartment buildings and complexes and other similar locations, including construction sites and demolition projects. 1.4 "Environmental Laws" shall mean any and all state, federal and local statutes, rules, regulations and ordinances relating to the protection of human health or the environment including, without limitation, the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. '6901, et sew., the Comprehensive Environmental Response Compensation, and Liability Act of 1980, 42 U.S.C., '9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials Transportation Act, 49 U.S.C. '6901 et sec ., the Federal Water Pollution Control Act, 33 U.S.C. '1251, et sew., the Clean Air Act, 42 U.S.C. '7401, et seq., the Toxic Substances Control Act, 15 U.S.C. '2601, et seJc ., the Safe Drinking Water Act, 42 U.S.C. "300f-300j, the United States Environmental Protection Agency's rules concerning Underground Storage Tanks, 53 Fed. Reg. 37082 (9/23/88), all as amended now and in the future, and any similar federal, state and local environmental statutes and ordinances and the rules and regulations, orders and decrees now or hereafter promulgated thereunder, during the term of this Contract. 1.5 "Equipment" shall mean all vehicles, machinery, tools and equipment, as well as related supplies and materials reasonably necessary for the Contractor's performance hereunder. 1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection services, delivery charges, fees for late payments and any additional revenue (including receipts from recycling) related to the Contractor's performance under this Contract. 3 1.7"Recycling" shall mean the reclamation and/or recovery from Solid Waste of all recyclable matter including, but not limited to, glass, paper, cardboard, plastic, tin and aluminum. 1.8 "Solid Waste" shall mean garbage, trash, refuse, and other solid waste material including, but not limited, to animal and vegetable waste materials; from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and handling and sale of produce and other food products, and such combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; as well as noncombustible waste materials, including glass, crockery, metal cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures as referred and defined in the interlocal agreement between the City of Tamarac and Broward County, herein attached as Exhibit A. 1.9 "Storage" shall mean the holding of Solid Waste for a temporary, period (less than 24 hours, and not overnight, but in accordance with Florida, or local laws or regulations), at the end of which the Solid Waste is processed, disposed of, or permanently stored elsewhere. 1.10 "Transfer Station," shall mean that location or locations and facilities established and designated by Broward County as loading sites in and around the City so as to provide for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as well as the weighing of the Solid Waste. SECTION 2. GRANT In consideration of the Contractor's performance hereunder and compliance with the covenants and conditions set forth herein, and in the ordinances and regulations of the City governing the Collection of commercial Solid Waste, the City hereby grants to the Contractor the nonexclusive right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in the business of Collection of Solid Waste for commercial 0 Customers located within the corporate limits of the City pursuant to the terms of this Contract, but not otherwise. SECTION 3. STREET USE FEE In consideration of the grant contained in Section 2 hereof, the Contractor hereby agrees to pay to the City as compensation for the right to use its streets, alleys and thoroughfares an amount ("Street Use Fee") equal to a ten percent (10%) of its Gross Receipts from commercial Solid Waste Customers within the corporate limits of Tamarac. Payments shall be due no later than thirty (30) days after the end of the month. The contractor shall provide to the City notarized monthly and annual statements signed by an authorized representative of the Company. Statements should accompany payments and identify in detail the categories and amounts of Gross Receipts received by the contractor, based on the records of the Contractor during the month for which payment is made related to the Contractor's performance under this contract. If Contractor fails or refuses to make such reports and payments, the City may maintain an action against the Contractor to recover the same and all expenses of collecting same, including reasonable attorney fees. 3.1 Future Revenue In the event Contractor establishes any other methods of Collection and disposal of Solid Waste, the City shall establish, at that time, a percentage of Gross Receipts from such Collection method to be included in the calculation of the amounts due. 3.2 Delinquency Provision In the event contractor fails to make the payment for this Franchise on or before the date due as herein above provided, the Contractor shall pay an interest charge for each month, or a fraction thereof, that payment is late. An Interest Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one percent (1 %) Calculation will be illustrated as follows: Prime Rate + 1 % / 365 days = Daily Interest Rate (DIR) DIR x Days Payment Late = Interest Charge Note: Regardless of the foregoing, the interest rate referred to in this section will comply with all applicable 5 state laws. SECTION 4. TERM 4.1 Primary Term The term of this Contract shall be on a month -to -month basis commencing , 2004 for a thirty (30) day period until such time as the City chooses to terminate the Contract upon the conclusion of any thirty (30) day term. 4.2 Renewal Term This Contract is on a month -to -month basis and may be renewed for a longer term subject to the City Commission adopting new standards or requiring a new contract. SECTION 5. GENERAL STATEMENT OF CONTRACTOR'S OBLIGATIONS; SCOPE OF SERVICES Contractor hereby agrees to Collect all Solid Waste generated by Commercial Customers within the corporate city limits of the City. The Contractor shall, at its own cost and expense, furnish trained personnel and appropriate well maintained Equipment (as referenced in Section 9 of the Contract). The Contractor shall provide the number and size of collection vehicles for sufficient capacity to adequately and efficiently service all units. The Contractor will establish and maintain scheduled Collection routes and special schedules as may be necessary to meet the Collection service requirements of the Customers located within the corporate City limits of the City. Further, the Contractor, at its own cost and expense, shall provide for the solicitation, servicing and billing of Customers, and shall recommend schedules of service to said Customers. Unless otherwise established by City ordinance, Collection schedules for commercial Solid Waste shall be determined by the Contractor based upon negotiations with its Customers. The Contractor acknowledges and agrees that Contractor shall be obligated to take such actions as necessary to fulfill its duties and obligations hereunder and that the City may from time to time issue written directions to the Contractor clarifying the scope of Contractor's services to fulfill the intent of this Contract. This franchise agreement does not provide for medical waste disposal. [.1 SECTION 6. DISPOSAL OF SOLID WASTE The Contractor shall deliver commercial Solid Waste Collected pursuant to this Contract to the approved Broward County Recovery disposal facilities or to any Transfer Station which may hereafter be utilized in the future by the City and approved by Broward County (such site hereafter called the "Disposal Site"). Contractor shall not be reimbursed by the City for costs and expenses actually paid by Contractor to Broward County for the use of the Disposal Site for disposal of commercial Solid Waste Collected pursuant to this Contract. Any alternative disposal site must be approved in writing by the City prior to its use by Contractor. All laws, rules and regulations governing hours of operation and disposal practices at the Disposal Site shall be strictly observed by the Contractor. The Parties hereby agree that all services provided by the Contractor pursuant to this Contract shall be carried out in a competent and business like manner and in compliance with the standards and specifications set forth in the attached Exhibit "B" (hereafter "Performance Standards"). Contractor shall not engage any subcontractor without written prior approval of the City. The City Commission of the Tamarac (hereinafter the "Commission") reserves the right to revise the Performance Standards as it determines within its sole discretion, such revisions to be necessary or proper to secure the safety, welfare and accommodation of the public; provided that prior to the revising or establishing of new or additional Performance Standards, the Commission shall invite and allow the Contractor to submit any information it may wish for review by the Commission. The City reserves the right of Commission to seek advice from the City Manager designate, or such other person or persons as may be responsible for management of Solid Waste Collection within the city limits of Tamarac. Any revision or establishment of new Performance Standards shall be approved by the Commission and upon such approval shall become a part of this Contract as though fully set forth herein. The allocation, as between the Parties, of any and all costs which may hereafter be incurred by the Contractor in conforming with any changes in the Performance Standards, should any such changes be made, shall, at that time, be negotiated by the Contractor and the Customer in good faith. 7 SECTION 7. RECYCLING PROGRAM 7.1 General Contractor shall establish a Recycling program for its commercial Customers which shall be in compliance with the laws established by the United States Environmental Protection Agency, the Florida Department of Environmental Regulation (DER) and the City of Tamarac to reduce the impact of waste by Recycling materials such as, but not limited to, glass, tin, aluminum, cardboard, plastic, and paper. 7.1A Recycling Component for Tamarac Solid Waste Agreement This portion of the Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be known as the recycling component. The Contractor shall comply with all rules, regulations, and laws of the United States Environmental Protection Agency, Florida Department of Environmental Regulation, Florida Statutes, County and City ordinances, including keep Tamarac Beautiful Program (Exhibit C), regulations, including future requirements which have been presently promulgated and are pending or as yet to be announced. 7.2 Sale of Recyclable Materials Contractor shall use its best efforts to maximize the economic return from the sale of the recyclable materials. 7.3 Reporting Requirements The franchise collector shall keep records of recyclable materials picked up in the City, so as to allow the City to meet the State of Florida DER reporting requirements. These reporting requirements must be included in the Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly tonnage report, and a breakdown of the commodities recycled). Information must be provided on the State's approved report form as amended hereto. SECTION 8. LABOR FORCE Contractor shall provide the City with written information regarding compliance with this provision upon request of the City. Contractor shall employ only such superintendents, foremen, and workmen who are reasonably careful and competent and fully qualified to perform the duties or tasks assigned to them. All employees of Contractor and/or its subcontractors, if any shall comply with all laws and regulations, and shall have sufficient skill, ability, and experience to properly perform the work assigned to them and operate any equipment necessary to properly carry out the performance of their assigned duties. SECTION 9. EQUIPMENT Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as is considered reasonably necessary to perform the work in an acceptable manner and at a satisfactory rate of progress. The equipment shall be maintained in a first class, safe and efficient working condition throughout the term of the Contract and any renewal period. Contractor shall establish a regular preventative maintenance program for all Equipment and shall maintain records of preventative maintenance and other maintenance repairs to the Equipment. Contractor shall be responsible for initiating, maintaining and supervising all maintenance programs, safety precautions and programs, in connection with the work and services performed hereunder. Contractor shall establish reasonable procedures and programs to prevent property loss or damage and/or personal injury to persons, including, but not limited to, employees performing such work and all other persons who may be affected hereby. Contractor shall comply with all Federal, State, and Local rules and regulations when conducting operations pursuant to this Contract. Contractor shall maintain files and records of all citations and violations of any laws, statutes, ordinances, or regulations in the ownership, title, maintenance, or operating of the Equipment and such files and records shall be available upon reasonable notice for review by the City. SECTION 10. PERFORMANCE BOND OR SECURITY Except as provided herein, as security the Contractor shall furnish to the City a Performance Bond, Letter of Credit or Cash Bond guaranteeing the faithful performance of this Contract. The Security shall be in a form acceptable to the City's Attorney and shall be for the term of this Contract and in an amount equal to the greater of $2,500, or a sum amounting to the annual average of three months of franchise fees for the past contract 9 year, if less than 12 months, the actual number of months of service shall be used in calculation. The Security shall be furnished to the City by the Contractor within ten (10) days of the date of execution of this Contract or any renewal hereof. Without limiting any other indemnity provisions herein, said Security shall indemnify the City against any loss, expense, cost or damage resulting from any default by Contractor hereafter or any failure of performance by the Contractor. The City Attorney is hereby delegated the authority to approve not only the form of the Security, but also the financial capabilities of the surety to perform. SECTION 11. VEHICULAR IDENTIFICATION All vehicles and equipment used by the Contractor for the Collection commercial Solid Waste shall be clearly marked with the Contractor's name in letters of a size sufficient to reasonably identify the vehicle, but not less than five inches (5") in height. In the event the City shall at any time require, the Contractor shall also assign to each of its vehicles an identifying number and shall mark the same upon said vehicles in figures not less than five inches (5") in height. SECTION 12. REGULATION OF COLLECTION CONTAINERS The Contractor shall provide its Customers with appropriate containers for Collection of commercial Solid Waste, subject to the following requirements- (i) All such containers shall be constructed according to the generally accepted industry standards. (ii) All roll -off containers shall be covered to prevent the scattering of the container's contents while in transit. (iii) All such containers shall be cleaned and maintained on a regular basis by the Contractor so as to be in good repair. (iv) All such containers shall be clearly marked with the Contractor's name and telephone number in letters not less than two inches (2") in iP height. Contractor shall replace any damaged container within forty- eight (48) hours if notified by the City or its Customers. SECTION 13. HEALTH AND SANITATION The Contractor shall establish and enforce in its operations and among its employees such regulations in regard to cleanliness and Collection of Solid Waste as will tend to prevent the inception and spread of diseases and to effectively prevent the creation of a nuisance on any property either public or private. The Contractor shall maintain at its sole cost and expense copies of all permits and licenses required for its Collection of Solid Waste services either from the City, County, State or Federal Government. SECTION 14. PERFORMANCE EVALUATION AND MONITORING 14.1 Reimbursement of Costs Contractor shall reimburse the City for all documentable, out-of-pocket costs and expenses incurred by the City in connection with the award of this Contract to Contractor. On or before the 30th day after the end of the contract or extension thereof, the City shall submit to the Contractor a detailed list of all such costs which are reimbursable pursuant to this provision. Such costs shall be certified as to their completeness and accuracy by the City Manager and shall be deemed accurate unless the Contractor notifies the City in writing of its disagreement to any such costs within thirty (30) days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this provision shall not exceed an aggregate amount of Three Thousand Five Hundred and Dollars ($3,500) and shall be paid by the Contractor 45 days after receipt of invoice from the City. 14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred in auditing the gross receipts of Contractor under this Contract. Such costs shall be submitted to Contractor in writing within thirty (30) days after the completion of each audit no more often than annually. Such costs shall be certified as to completeness and accuracy by the City Manager of the City shall be deemed accurate unless Contractor notifies the City in writing of its disagreement with any such cost within thirty (30) days after 11 receipt thereof. Reimbursement pursuant to this provision shall be paid by the Contractor to the City on or before forty-five (45) days after receipt of such costs from the City and such reimbursement shall not exceed an aggregate amount of Four Thousand and no/100 Dollars ($4,000) per Contractor for any Agreement Year, SECTION 15. NON-COMPLIANCE BY THE CONTRACTOR In the event Contractor shall fail to perform any of the material provisions of this Contract, the City shall provide the Contractor with written notice of its non-compliance, stating with reasonable particularity facts relating thereto. Thereafter, if the practice, event or condition is not reformed, corrected or otherwise made to comply with the terms of this Contract within a period of time which is reasonable in relation to the nature of the practice, event or condition of Non-compliance, but in no event more than ten (10) days from the date of the notice of violation, the same shall constitute an Act of Non-compliance. For each such Act of Non-compliance, the Contractor shall pay the City the sum of One Hundred Dollars ($100) per day for each day that such Act of Non-compliance shall continue. This remedy is hereby expressly made cumulative of other remedies available to the City at law or in equity for breach of this Contract. SECTION 16. TERMINATION BY CITY 16.1 Termination by City for Cause 16.1.1 Default Default by the Contractor shall occur if the Contractor fails to observe or perform a material portion of its duties under this Contract ("Default"). The City may terminate the Contractor's performance of services under this Contract in the event of Default by the Contractor and a failure by the Contractor to cure such Default after receiving notice thereof, all as provided in this subsection. Should Default occur, the City may deliver a written notice to the Contractor describing such Default and the proposed date of termination. Such date may not be earlier than the thirtieth (30th) day following receipt of the notice. The City, at its sole option, may extend the proposed date of termination to a later date. If prior to 12 the proposed date of termination, the Contractor cures such Default, then the proposed termination shall be ineffective. If the Contractor fails to cure such Default prior to the proposed date of termination, then the City may terminate the Contractor's performance under this Contract as of such date. 16.1.2 Post Termination Services Upon the effective date of termination as contained in the notice, the Contractor shall, unless the notice directs otherwise, immediately discontinue all service in connection with this Contract and shall proceed to cancel promptly all existing orders chargeable to this Contract. Within ten (10) days of receipt of notice of termination, the Contractor shall submit to the City monthly reports and revenues required under this Contract to the date of termination. 16.1.3Remedies In addition to, or in lieu of, the termination procedure set above, the City may take any or all of the following actions in the event of a default by the Contractor: (1) If the City determines, and notifies the Contractor, that such Default poses an immediate threat to the health or safety of any person or to any property interest, and if the Contractor has not cured such Default within twenty-four (24) hours after receipt of such notice, the City shall have the right to perform or cause to be performed all or part of the work necessary to cure such Default. In the event that the City performs such work, or causes it to be performed, the Contractor shall bear the cost of such work, and if necessary, shall reimburse the City for the cost thereof. The City shall have the right to deduct any such compensation due to the City from any sums otherwise due and owing to the Contractor. (ii) The City may make or file a claim under the Performance Bond, Letter of Credit, or Cash Bond for any damages, costs, expenses or liabilities that the City has incurred as a result of Contractor's default. Oil) City may exercise its rights under Section 15 hereof. 13 SECTION 17. BOOKS AND RECORDS The Contractor hereby agrees to maintain, at its local office or principal place of business within Broward County, adequate books and records relating to the performance of its obligations under this Contract and in a form sufficient to identify its gross receipts. The City or its auditor may request to review those books and records which are reasonably necessary to determine gross receipts and the Contractor shall provide same. Audits, upon reasonable notice, by the City shall not be performed more frequently than once a year during normal working hours. The City may, upon reasonable notice, cause an audit to be performed by City Personnel or by an independent party designated by the City of that portion of the Contractor's books and records relating to its payments for gross receipts. The cost of an annual audit pursuant to this provision shall be a reimbursable cost under Section 14 hereof. No original notes or work papers can be removed from the inspection location. SECTION 18. INDEMNIFICATION 18.1 Contractor's _Indemnification of City The Contractor hereby assumes risk of loss and/or injury to property and/or persons arising directly or indirectly from the performance of any of its obligations under this Contract and further agrees to indemnify and hold harmless the City, its officers, agents, servants and employees from and against any and all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or injury. Without limiting the foregoing, the indemnity provided herein shall specifically include any claim against the City arising out of any of the Environmental Laws (as herein defined). SECTION 19. INSURANCE 19.1 Contractor agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Contractor, its 14 employees, agents, or subcontractors, if any, with respect to the work and services described herein. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk Manager before beginning work under this Agreement. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk Manager certificates of all insurance required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and save the City harmless from any damage resulting to it for failure of either Contractor or any subcontractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage, which the Contractor agrees to maintain during the term of this contract: Line of Business/ Coverage Commercial General Liability Limits Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability Workers' Compensation & Employer's Liability 15 M-t-iirranrta $1,000,000 $1,000,000 Statutory Aggregate $1,000,000 $1,000,000 The City reserves the right to require higher limits depending upon the scope of work under this Agreement Neither Contractor nor any subcontractor shall commence work under this contract until they have obtained all insurance required under this section and have supplied the City with evidence of such coverage in the form of an insurance certificate and endorsement. The Contractor will ensure that all subcontractors will comply with the above guidelines and will maintain the necessary coverages throughout the term of this Agreement. All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be licensed to do business in Florida. "Occurrence" form policies are required. Each carrier will give the City sixty (60) days notice prior to cancellation. The Contractor's liability insurance policies shall be endorsed to add the City of Tamarac as an "additional insured". The Contractor's Worker's Compensation carrier will provide a Waiver of Subrogation to the City. The Contractor shall be responsible for the payment of all deductibles and self -insured retentions. The City may require that the Contractor purchase a bond to cover the full amount of the deductible or self -insured retention. If the Contractor is to provide professional services under this Agreement, the Contractor must provide the City with evidence of Professional Liability insurance with, at a minimum, a limit of $1,000,000 per occurrence and in the aggregate. "Claims -Made" forms are acceptable for Professional Liability insurance. 16 SECTION 20. CONTRACTOR'S LOCAL OFFICE 20.1 Office/ManagingOffice/Managing Acient Throughout the term of this Contract, the Contractor shall establish and maintain a local office or authorized managing agent within the Broward County and shall designate in writing within ten (10) days of execution of this Contract the agent upon whom all notices may be served from the City. Service upon Contractor's agent shall always constitute service upon the Contractor. 20.2 Hours Contractor's local office shall be open during collection hours so that customers can lodge complaints, request for information, and requests for service. At a minimum, the Contractor's local office shall be available during the hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. 20.3 Staffing Contractor's local office shall have a responsible person in charge during collection hours on collection days, shall be equipped with sufficient telephones, a local telephone number, and sufficient attendants to receive telephone calls. Attendant(s) shall receive calls in a courteous and polite manner, record all complaints, and resolve all complaints in an expeditious manner within the next business day. SECTION 21. CUSTOMER COMPLAINTS Contractor shall within ninety (90) days of the Commencement Date of this Contract establish a written procedure for handling all service complaints from Customers. A copy of such procedure shall be kept at the local office of Contractor and provided to the City within such ninety (90) day period. At a minimum the Customer complaint procedure shall provide that all Customer complaints shall be resolved within the next business day of receipt of such complaint. Further the Contractor shall supply the City upon request with copies of all complaints indicating the date and hour of the complaint, the nature of the complaint and the manner and timing of its resolution. The Contractor shall maintain a customer complaint log during the term of this contract. If a complaint is not resolved to the satisfaction of the customer the City shall have the right to intervene on behalf of that customer. fiVA SECTION 22. MISCELLANEOUS PROVISIONS 22.1 Independent Contractor The relationship of the Contractor to the City shall be that of an independent contractor, and no principal -agent or employer -employee relationship between the parties is created by this Contract. By entering into this Contract with the City, Contractor acknowledges that it will, in the performance of its duties under this Contract, be acting as an independent contractor and that no officer, agent or employee of the Contractor will be for any purpose an employee of the City and that no officer, agent or employee of the Contractor is entitled to any of the benefits and privileges of a City employee or officer under any provision of the statutes of the State of Florida and ordinances of the City. 22.2 Non -waiver of Powers and Regulations This Contract shall not be taken or held to imply the relinquishment or waiver by the City of its power to make other reasonable requirements or regulations pertaining to the subject matter hereof, and the City hereby expressly reserves the right to make all regulations which may be necessary or proper to secure the safety, welfare and accommodation of the public, including, but not limited to, the right to adopt and enforce regulations to protect and promote the health and general welfare of the public from danger and inconvenience in the management and operation of garbage, and Solid Waste services detailed herein. Further, nothing herein contained shall constitute a waiver of any of the requirements of the rules and regulations heretofore adopted by the City, including the right to make such changes and amendments to said rules and regulations as said City may deem to be advisable and necessary to protect the public health and general welfare of its inhabitants. 22.3 Venue This Contract shall be considered consummated in Broward County, Florida. All actions brought hereunder shall be brought exclusively in Broward County, Florida. 22.4 Exhibits The Exhibits "A", "B", and "C", are incorporated herewith by reference for all purposes as though fully set forth. 22.5 Paragraph Headings, The section and paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Contract. M 22.6 Entire Agreement This Contract constitutes the entire agreement and understanding between the Parties relating to the subject matter, and it shall not be modified, altered, changed or amended in any respect unless done so in writing and approved by Resolution of the City Commission of the City. 22.7 Bankruptcy This Contract shall terminate in the case of bankruptcy (whether voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such termination shall take effect on the day and at the time that the bankruptcy action is filed. 22.8 Discrimination Prohibited; Affirmative Action Contractor, in the execution, performance, or attempted performance of this Contract, shall not discriminate against any person or persons because of sex, race, religion, color, or national origin, handicap or marital status. The said Franchise Collector's employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977) understand and agree that this Contract is conditioned upon the veracity of this Statement of Assurance. Furthermore, the Franchise Collector herein assures the City that said Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations prohibiting discrimination as herein above referenced are included by this reference thereto. This Statement of Assurance shall be interpreted to include Vietnam - Era Veterans and Disabled Veterans within its protective range of applicability. The Contractor must be an Equal Opportunity Employer and have an affirmative action plan. 22.9 Time is of the Essence Time shall be deemed to be of the essence of this Contract whenever time limits are imposed herein for the performance of any obligations by any of the Parties hereto, or whenever the accrual of any rights to either of the Parties hereto depends on the passage of time. 22.10 Right to__Require Performance The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the rights of the City thereafter to enforce the same, nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provisions itself. 19 22.11 Unenforceable Provisions If any provision of this Contract shall be declared illegal, void or unenforceable, the other provisions shall not be affected and shall remain in full force and effect. 22.12 Notices Any notice required or permitted to be delivered hereunder shall be in writing and shall be deemed to be delivered, whether or not actually received, when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the respective party at the address set forth below: Contractor: Southern Waste Systems, LLC John Stanzione, Senior Administrator 790 Hillbrath Drive Lantana, FL 33462 Telephone: (561) 582-6688 City: City Manager City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (954) 724-1230 With a copy to: City Attorney City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321-2401 Telephone: (954) 724-1240 22.13 Force Majeure Neither the Contractor nor the City shall be liable for the failure to perform its duties if such failure is caused by a riot, war, governmental order or regulation, strike, act of God, or other similar or different contingency beyond the reasonable control of the Contractor. 22.14 Prior Contracts This Contract supersedes and replaces all verbal communications, agreements and any previous written contracts, and effective immediately, which contract, upon the effective date of this Contract shall be null and void and of no further force and effect. 011 22.15 Approval by the City Commission This Contract shall not be considered fully executed or binding or effective on the City until the same shall have been approved and accepted by the City Commission of the City of Tamarac in open meeting as required by law and executed by the Contractor and the City. After such approval and acceptance, the City shall deliver to the Contractor a certified copy of the Resolution as evidence of the authority of the person authorized to bind the City to the terms, covenants and provisions of this Contract and to perform the same in accordance herewith. 22.16 Compliance with Laws Contractor, its officers, agents, employees, and contractors, shall abide by and comply with all laws, federal, state and local. It is agreed and understood that, if City calls the attention of Contractor to any such violations on the part of the Contractor, its officers, agents, employees, contractors, then Contractor shall immediately desist from and correct such violation. 22.17 Right to periodic reviews. The City shall have the right to conduct periodic public meetings, to review and consider the performance of the contractor regarding its compliance with the material terms of the franchise, any amendments desired by the contractor, the need for any future new services, and potential amendments to the franchise reflecting service requirement changes based on advancements in technology or demonstrated community needs. 22.18 Changes in law. Should the State of Florida, City, County, United States or Federal agency, or any State or Federal Court, or any agency thereof require either Broward County, City of Tamarac, or the Contractor to act in a manner which, affects or, is inconsistent with any provisions of the Franchise Documents, the City Commission shall be authorized to determine whether a material provision of the Franchise Documents is affected in relation to the rights and benefits conferred by the Franchise Documents upon the City or the public. Upon such determination, the City and Contractor shall negotiate in good faith to modify or amend the franchise to such extent as may be necessary to carry out the full intent and purposes thereof in relation to the rights and benefits of the City, or the public. 21 22.19 Accountina standards. Not less than annually, the Contractor shall provide the City with an unqualified certification of an independent certified public accountant certifying the accuracy of the monthly franchise fee payments paid within the preceding twelve (12) months. 22 Commercial Garbage Franchise Agreement Between The City of Tamarac And Southern Waste Systems, LLC This Contract shall be effective this the day of 1, 2,004, which shall be the Commencement Date hereof. ATTEST: Marion Swens6n, CIVIC City Clerk Approv 'as t orm by: Mitchell S. aft` City Attorney 114 THE CITY OF TAMARAC, FLORIDA Y: Joe Schreiber Mayor Date: -4y Jeffr ler City Manager Date: 23 STATE OF FLORIDA SS COUNTY OF BROWARD I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the CounI{t/ aforesaid to take acknowledgements, personally iT(Ie-r appeared to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. WITNESS my hand and official seal this 1(p day of 12004. , 7 v(4�. JUN[ A- WHITE Notary Pugi - St� 1 i`t r 4 + . n 1518 fxyClxrri�.� ,� Commiariion � QC�1190135 Nationsjl Notgry Assn. ?wrd6d Ep ( ) Personally known to me, or ( ) Produced identification ( ) DID take an oath, or ( ) DID NOT take an oath. NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced 24 City of Tamarac ATTEST: IJ;� v �': 1. .� . e Corporate Secretary) (Corporate Seal) STATE OF FLORIDA :SS COUNTY OF BROWARD : reement for Commercial Waste Haulers By•� Director I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, personally appeared rie5 (-7 LtsmG:nvto me known to be the person(s) described in and who executed the foregoing instrument and kX acknowledged before me and under oath that KC executed the same. WITNESS my hand and official seal this to day of ,ler 2003 NOTARY PUBLIC, State of Florida at Large ,t (Name of Notary Public:��c•��"� Print, Stamp, or Type as Commissioned) CrwDIE M COLLINS �1PA ;Notory Public State of Tondo Personally known to me, or"=1,�yCommissbnEoeSA�3,200- ( )Produced identification Commission # DD199A92 .;p�oR gy National Notary Assn. Type of I.D. Produced DID take an oath, or ( ) DID NOT take an oath. 25 LIST OF EXHIBITS Exhibit "A" - Intergovernmental Agreement between the City of Tamarac and Broward County Exhibit "B" - Performance Standards Exhibit "C" - Keep Tamarac Beautiful Program 26 EXHIBIT "A" INTERLOCAL AGREEMENT BETWEEN TAMARAC AND BROWARD COUNTY SEE. ATTACHMENT 27 A N I N T E R L O C A L A G R E E M E N T W I T H B R O W A R D C O U N T Y F O R S O L I D W A S T E D I S P O S A L S E R V I C E As Amended Through September 10, 1996 I N D E X ARTICLE PAGE 1 BACKGROUND .................................. 1 2 DEFINITIONS .................................. 7 3 CONSTRUCTION OF FACILITIES / COMMITMENT OP WASTE STREAM ........................... 15 4 OBLIGATIONS RELATING TO OPERATIONS .......... 17 5.. R-E.SQURCF I.CQ.V.ERY_.B.OARR.../--_SP.ECIAL_.DZS_TRLCZ...--. .26_ 6 TIPPING FEES AND SERVICE CHARGES ............ 31 7 COLLECTION OF TIPPING FEES .................. 37 8 ANNUAL AUDIT ................................ 39 9 ADDITIONS AND IMPROVEMENTS TO THE RESOURCE RECOVERY SYSTEM ........................... 40 10 OBLIGATIONS UNDER THIS AGREEMENT ARE NOT INDEBTEDNESS OF ANY CONTRACT COMMUNITY .... 42 11 RELATIONSHIP OF THE PARTIES ................. 43 12 MISCELLANEOUS ............................... 44 13 INDEMNIFICATION ............................. 52 14 CONTRACTS WITH HAULERS ...................... 52 15 CESSATION ................................... 53 16 DURATION .................................... 54 EXHIBIT A Names of the Contract Conmunities EXHIBIT B Names to Whom Notices Are to'be Directed EXHIBIT C Ordinance Establishing Solid Waste Flow Control EXHIBIT D Ordinance Creating the Broward Solid Waste Disposal. District EXHIBIT E Ordinance Approving the Ordinance Creating the Broward Solid Waste Disposal District EXHIBIT F Summary of County's Costs of Meeting Its Disposal Obligation EXHIBIT G First Amendment - Materials Recovery Facility Approved by County - October 6, 1992 EXHIBIT H Second Amendment - Household Hazardous Waste Approved by County - June 29, 1993 EXHIBIT I Third Amendment - Long Term Debt Approved by County - November 30, 1993 EXH2131T J Fourth Amendment - Hoard Staff Approved by County - September 10, 1996 A G R E E M E N T This Agreement dated for convenience November E9, 1986, by and between: BROWARD COUNTY, a political subdivision of the State of Florida, its successors and assigns, by and through its Board of County Commissioners, hereinafter referred to as "COUNTY"; AND The Municipalities whose names appear In Exhibit "A", attached hereto and made a part thereof, their successors and assigns, hereinafter referred to as "CONTRACT COMMUNITIES." ARTICLE 1 B ACJXROUND 1.1 General Statement. In order to establish the background, context and frame of reference for this Agreement and to provide a general background regarding the objectives and intentions of the COUNTY and the CONTRACT COMMUNITIES, the following statements. representations and explanations are predicates for the undertakings and commitments included within the provisions which follow and shall be construed as essential -1- elements of the mutual considerations upon which this Agreement is based. 1.2 Historical Background And Findings Because of Broward County's contour, elevation and high ground water level. disposal of solid waste through Iandfills has been discouraged. The United States Congress and Legislature of the State of Florida (the "State") have discouraged the dumping or burying of solid waste'matter and the use of sanitary landfills as the sole method of disposal of solid waste. The COUNTY and the CONTRACT COU11UNIT1ES. therefore. make the following findings: (a) Because of environmental concerns with utilisation of landfilling as the sole method of disposal of solid waste generated by the residents and businesses of and visitors to Broward County. Florida. the CONTRACT COhWUNITIES and COUNTY have sought a joint solution to such concerns. (b7 The CONTRACT COMMUNITIES and COUNTY have found and determined that the policy of the United States Congress regarding the elimination of solid waste as provided in 42 U_S.C. Section 6901 is toward recovery of resources from such waste. MC Cc) The United States Congress has found with respect to energy that: 1. Solid waste represents a potential source of solid fuel, oil, or gas that can be converted into energy: z_ The need exists to develop alternative energy sources for public and private consumption in order to reduce the nation's dependence on such sources as petroleum products, natural gas, nuclear and hydro -electric generation, and 3_ Technology exists to produce energy from solid waste. (d) Chapter 403, Part IV. Florida Statutes, sets forth the State of Florida Resource Recovery and Management Act. The Act's purpose is to require plans and regulations for the storage, collection, transportation■ separation, processing, recycling and disposal of solid waste to protect the public's health, safety and = welfare. Likewise. such Act has deemed it a public purpose to establish and maintain a state program for the planning and technical assistance of resource recovery and management through, among other things, tho promotion of recycling, reuse or treatment of solid -3- waste, Including recycling of solid waste to produce electric power. (e] Additionally, Section 403.713, Florida Statutes, provides that the municipalities undertaking resource recovery of solid waste pursuant to general law or special law may control the collection and disposal of solid waste for the purpose of insuring that resource recovery facilities receive an adequate quantity of waste from solid waste generated within the boundaries of the local governmental jurisdiction. (f] The amendments to the State Comprehensive Plan adopted by the State in 1985 (Chapter 187, F.S.) establishes a number of policies regarding energy production and the reduction of solid waste landfilling including: 1. Energy Policy No. 5 - Reduce the need for new power plants by encouraging end -use efficiency, reducing peak demand and using cost-effective alternatives. 2. Energy Policy No. 9 - Promote the use and development of renewable energy resources. 3. Waste Policy No. 1 - By 1995. reduce the volume of non -hazardous solid waste disposal in landfills to 53 percent of the 1983 volume. -4- 4. Waste Policy No_ 7 - Encourage the research, development and implementation of recycling resource recovery, energy recovery and other methods of using garbage, trash, sewage, slime, sludge, hazardous waste, and other waste. 1.3 The COUNTY and representatives of CONTRACT COMMUNITIES have jointly developed a comprehensive solid waste disposal and resource recovery program including cooperation fn preparation of Request For Proposal documents and subsequent selection of"the full service contractors for the northern and southern facilities through the selection and negotiation process. 1.4 It is recognised by CONTRACT COMUNITIES and COUNTY that the proposed resource recovery system to be constructed, operated, maintained and repaired by the COUNTY or full service contractors retained by the COUNTY will be done in reliance upon the existence of the committed flow of solid waste of the CONTRACT COBMUNITIES and unincorporated County and the revenue generating capabilities of the special district provided for herein. 1.5 It is further recognized by CONTRACT COIMNITIES and COUNTY that the COUNTY is entering into this Agreement both representing unincorporated County, a waste generation area -3- with solid waste requiring disposal, and COUNTY, as the party assuming the obligation under this Agreement for the disposal of solid waste for the CONTRACT COIWUNITIES as well as for the unincorporated County. 1.6 Interlocal Agreement (a) This Agreement is an interlocal agreement entered into pursuant to Section 163.01. Florida Statutes, the Florida Interlocal Cooperation Act of 1969. as amended. fb) Prior to the effectiveness of any provision or this Agreement and subsequent amendments hereto, this Agreement and any such subsequent amendments shall be filed with the Broward County Clerk of the Circuit Court as provided by Section 163.01(il), Florida Statutes. 1.7 Construction of Interlocal Agreement The word "shall" as used in this Agreement shall in all cases be construed to be mandatory and to require the action so modified by the word "shall" to be taken without regard to the exercise of discretion. -6- ARTICLE 2 DEFINITIONS The following contains the definitions of the terms as applied to this Agreement. 2.1 Administrator. The term "Administrator" or "County Administrator" shall mean the County Administrator of the Broward County government as provided by the Charter of Broward County. Florida_ 2.2 Board of County Colmissioners. The term "Board of County Commissioners" or "County Commissioners" shall mean the Board 'of County Commissioners of Broward County, Florida. 2.3 Citizen Waste Receiving Facilities. The term "citizen waste receiving facilities" shall mean facilities for accepting solid waste from other than haulers. The term is to apply to facilities provided for collection of household trash from house cleaning and .the like. Citizen waste receiving facilities shall not be deemed to be a part of the resource recovery system. 2.4 Construction Contract. The term "construction contract" shall mean the contracts entered into by the COUNT? and SES Broward Company, Limited Partnership pursuant to Resolution No. 35-3007 dated August 19, 1935, and Broward waste Energy Ma Company, Limited Partnership pursuant to Resolution No. 86- 37SO dated September 30, 1986. and any successors thereto to design, construct. test. maintain. repair and have accepted the southern facility and northern facility, respectively, or any other full service contractor, to design, construct, test, maintain, repair and have accepted a part of the resource recovery system. 2.5 CONTRACT COMMUNITY. The term "CONTRACT COMMUNITY" or "CONTRACT COMMUNITIES" shall mean the municipal corporation or corporations existing under the laws of the State of Florida, located within the COUNTY that enter into this Agreement with the COUNTY and whose names appear in Exhibit A to this Agreement_ 2.6 COUNTY. The term "COUNTY" shall mean Broward County, Florida.. a political subdivision of the State of Florida. 2.7 Disposal Facilityties)_ The term "disposal facilityfiesl" means that portion of the resource recovery system where solid waste will be disposed of within the resource recovery system. 2.8 Disposal Obligation. The term "disposal obligation" shall mean the obligation of the COUNTY to provide for the disposal of all solid waste generated in each CONTRACT COMWNITY and in the unincorporated County and delivered to -8- a resource recovery system disposal facility or transfer station designated pursuant to the plan of operations. 2.9 Facility Operator. The term "facility operator" shall mean full service contractors or other operators of a part of the resource recovery system including the COUNTY. 2.10 Fiscal Year. The term "fiscal year" shall mean October 1 to September 30. 2.11 Full Service Contractor[s). The -term "full service contractorts)" shall moan a person. firm or corporation that has entered or will enter into an agreement or agreemeniss with the COUNTY to design, construct. test. maintain. repair and operate resource recovery system disposal facilities or transfer stations within the resource recovery system and shall mean as to the southern facility SES Hroward Company, Limited Partnership and as to the northern facility BroWard Waste Energy Company. Limited Partnership and any respective successors thereto. i 2.12 Haulers. The term "haulers" shall mean those persons, firms ! or corporations or governmental agencies responsible (under either oral or written contract, or otherwise) for the collection of solid waste within the geographic boundaries of the CONTRACT COMMUNITY(IES) or the unincorporated County and the transportation and delivery of such solid waste to -9- the resource recovery system as directed in the plan of operations. 2_13 Northern Facility. The term "northern facility" shall mean that part of the resource recovery system, including any landfill, serving the CONTRACT COMMUNITIES and the unincorporated County located in the northern part of the COUNTY. as directed in the plan of operations. 2.14 Plan of Operations. The term "plan of operations" shall mean the plan for the operation of the resource recovery system adopted. amended or revised by the Resource Recovery Board in the manner set forth in Section 4.7 hereof. 2.1S Processable Waste. The term "processable waste" shall mean that portion of the solid waste stream which is capable of being processed in a mass burn resource recovery facility, including, but not be limited to, all forms of household and other garbage, trash, rubbish, refuse, combustible agricultural, commercial and light industrial waste. commercial waste■ leaves and brush, paper and cardboard. plastics, wood and lumber, rags, carpeting, occasional tires, wood furniture, mattresses, stumPX,.wood pallets. timber, tree limbs, ties, and logs, not separated and recycled at the source of generation, but excluding unacceptable waste and unprocessable waste, except, to the extent consistent with the regulatory and permit -10- requirements applicable to the processing of waste by a mass burn resource recovery facility. such minor amounts of such waste (other than hazardous waste] as may be contained in the normal processable waste stream. 2.16 Resource -Recovery Board. The term "Resource Recovery Board" shall mean'the governing Board of the special district to be established by the Board of County Commissioners pursuant to Section 125.01(S)(a), Florida Statutes, and this Agreement which performs such responsibilities as set forth in this Agreement. 2.17 Resource Recovery System. The term "resource recovery system" shall mean the facilities which are constructed. operated. maintained and repaired or caused to be constructed. operated, maintained and repaired pursuant to this Agreement for the purpose of transfer or disposal of solid waste of the CONTRACT COMMUNITIES and the unincorporated County and the recovery and sale of materials and energy. therefrom, including all landfills, contingency landfills. transfer stations, treatment facilities and electrical generation facilities all attendant to tho resource recovery system. Excluded from this defi.ni.tion is the COUNTY landfill located'in the Town of Davie which is in existence as of the date of the execution of this Agreement. -11- 2.18 Service Agreement(s). The term "service agreement" shall mean the agreements entered into between the COUNTY and Erg Broward Company, Limited Partnership pursuant to Resolution No. 86-3007 dated August 19, 1986, and Broward Waste Energy Company, Limited Partnership pursuant to Resolution No. 81- 3750 dated September 30, 1986, respectively for the purpose of operating, maintaining and repairing the southern facility and northern facility, respectively, or any other full service contractor for the purpose of operating, maintaining, and repairing a part of the resource recovery system. 2.19 Solid waste. The term "solid waste" shall mean processable waste and unprocessable waste, but excludes unacceptable waste. 2.20 Southern Facility_ The term "southern facility" shall mean that part of the resource recovery system, including any landfill, serving the CONTRACT COMMUNlT)ES and the unincorporated County located in the southern part of the COUNTY, as directed in the plan of operations. Z_21 Tipping Fee. The term "tipping fee" shall mean .the fees imposed pursuant to Article 6 and collected pursuant to Article 7 of this Agreement from haulers delivering solid waste to the resource recovery system. -12- 2.Z2 Ton. The term "ton" is used to express a unit of weight equal to two thousand C2.0003 pounds or .907 metric tons. 2.23 Transfer Stations. The term "transfer stations" means the sites and receiving facilities constructed, operated, maintained and repaired by the.COUNTY or a full service contractor retained by the COUNTY for the acceptance of solid waste for transfer to resource recovery system disposal facilities because a part of the resource recovery system is not operational. Other transfer facilities including citizen waste receiving facilities and those used by haulers for reasons other than previously described shall not be considered a part of the resource recovery system. 2.24 Unacceptable Waste. The term "unacceptable waste" shall mean motor vehicles, trailers, comparable bulky items of machinery or equipment, highly inflammable substances, hazardous waste, sludges, pathological and biological wastes, liquid wastes, sewage. manure, explosives and ordinance materials, and radioactive materials. Unacceptable waste shall also.include any other material not permitted by law or regulation to be disposed of at a landfill unless such landfill is specifically designed, constructed and licensed or permitted to receive such material. None of such material shall constitute either processable waste or unprocessable waste_ Haulers shall not knowingly deliver such unacceptable waste to and the COUNTY -13- or full service contractors shall have the right to exclude such unacceptable waste from the resource recovery system. 2.23 Unincorporated County. The term "unincorporated County shall mean that part of COUNTY which is not within the boundaries of any municipal corporation. Unincorporated County shall be treated in all respacts under the terms and conditions of this Agreement as a CONTRACT COMMUNITY. 2.23 Unprocessable Waste. The term "unprocessable waste" shall mean that portion of the solid waste stream that is predominantly noncombustible And therefore, should not be processed in a mass burn resource recovery system. Unprocessable waste shall include, but not be limited to, metal furniture and appliances, concrete rubble, mixed roofing materials. noncombustible building debris, rock, gravel and other earthen materials, equipment, wire and cable, and any item of solid waste exceeding six feet in any one of its dimensions or being in whole or in part of a solid mass, the solid mass portion of which has dimensions such that a sphere with a diameter of eight inches could be contained within such solid mass portion. and processable waste (to the extent that it -is contained in the normal unprocessable waste stream)_ This term excludes unacceptable waste. Haulers shall not knowingly deliver unacceptable waste to and the COUNTY or full service contractors shall have the right to exclude unacceptable waste from the resource recovery facilities. MR= ARTICLE 3 CONSTRUCTION OF FACILITIES/ COMMITMENT OF WASTE STREAM 3.1 The COUNTY shall cause to be constructed. operated, maintained and repaired a resource recovery system located within Broward County for the purpose of disposal of all solid waste collected in each CONTRACT COMMUNITY and unincorporated County and delivered to the resource recovery system. 3.2 During the duration of this Agreement as defined in Article 16 hereof, the CONTRACT COMMUNITIES and the COUNTY for the unincorporated area shall cause all of the solid waste generated within each of their respective boundaries to be collected, transported. delivered and deposited at the designated receiving facilities of the COUNTY resource recovery system pursuant to the plan of, operations as set forth in Section 4.7. 3.3 Each CONTRACT COMWNITY and COUNTY for the unincorporated area agrees to enact prior to March 31, 1887. a waste flow control ordinance as set forth in Section 403.713. Florida Statutes Cas may be amended from time to time). directing that all solid waste generated within their respective geographic boundaries be delivered to the resource recovery -15- system transfer or disposal facility or facilities designated in the plan of operations. The solid waste flow control ordinance shall be substantially in the form of Exhibit C attached hereto and made a part hereof. Each party agrees to •include in any contracts or contract amendments with haulers executed after the date of execution hereof, a provision that all solid waste shall be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operations and to enforce such provision. The COUNTY shall*be a third party beneficiary of such provision. 3.4 A resource recovery system disposal facility may burn processable waste to produce electrical energy to be sold to purchasers of electrical energy. Such facility may also provide for the separation and sale of ferrous and nonferrous metals and other materials which may be separated either prior to or subsequent to the burning of the 1 processable waste necessary to produce electrical energy. Upon delivery to the resource recovery system. neither the unincorporated County nor any CONTRACTING COiirlfldUNITY shall have any interest in electrical energy. ferrous and nonferrous metals and other materials contained in solid waste delivered. 3.5 The COUNTY hereby assumes responsibility for the disposal of all solid waste delivered to the resource recovery system by WFic each or on behalf of each CONTRACT COM1dUNITY and unincorporated County during the duration of this Agreement consistent with its rights and obligations under the service agreements. 3.6 Transfer stations and contingency landfills may be required because one or more of the resource recovery facilities are not operational. In that instance, the costs of construction, operation, maintenance and repair of the transfer stations and contingency landfills shall be part of the overall cost of the resource recovery system. ARTICLE 4 OBLIGATIONS RELATING TO OPERATIONS 4.1 Delivery and Acceptance of waste. Each CONTRACT COMMUNITY and COUNTY for the unincorporated area agrees that all of the solid waste collected within its respective territorial boundaries shall be delivered to a resource recovery system disposal facility, landfill, contingency landfill or transfer station designated pursuant to the plan of operations. It is the understanding of each of the parties to this Agreement that the transportation of solid waste should be minimized to the greatest extent possible consistent with obligations of the COUNTY to make deliveries under the service agreements. In determining to which -17- resource recovery system facility solid waste shall be delivered, the Resource Recovery Hoard shall make every reasonable effort consistent with the maintenance of the COUNTY's rights and obligations under the service agreements to minimize the cost of transportation for CONTRACT COMMUNITIES and unincorporated County or their haulers and in this regard reasonable standards snail be adoptea for the location of the delivery of the solid waste for each CONTRACT COMMUNITY and unincorporated County pursuant to Section 4.7. 4_Z The COUNTY shall be responsible for the construction, operation. maintenance and repair of transfer stations or contingency landfills pursuant to paragraph 3-6 or other receiving facilities utilized for the purpose of receiving solid waste which are a part of the resource recovery system. 4.3 In order to provide for the testing and startup of any resource recovery system transfer or disposal facility. upon not less than thirty (30) days notice by the COUNTY, each of the CONTRACT COIAbdUNITIES and unincorporated County shall deliver or Cause to be delivered processable waste to such facility in amounts and at the times and in the manner designated in said notice. The notice from the COUNTY shall also state the estimated amount of processable waste to ba delivered by each CONTRACT COWUNITY and unincorporated -18- County and the estimated length of time for which such deliveries are required. In order to facilitate CONTRACT COMMUNITY planning, the COUNTY will share information with the CONTRACT COMMUNITIES as to the progress of construction of all resource recovery transfer and disposal facilities. 4.4 Commencement of Operations_ The COUNTY's current estimate of the approximate commercial operations date of the initial resource recovery facilities and landfills associated therewith is December 30, 1969. The COUNTY shall notify the CONTRACT COMMUNITIES of any change in the estimate of the date upon which commercial operations are to commence. The COUNTY shall give the CONTRACT COMMUNITIES and unincorporated County at least thirty C30) days prior notice of the date expected to be the actual commercial operations date of all resource recovery system transfer and disposal facilities. 4.5 Receiving Hours. Subject to service agreements, the COUNTY shall cause the resource recovery system to be open to receive processable waste from 6:00 a.m. to 6:00 p.m. every day of the year except December 25 and landfills to be open to receive unprocessable waste at least 40 hours five (3) days per week or as provided in the service agreements and plan OE operations- -i9- 4.6 Emergency Operations/Additional Hours of Operation. (a) Emergency Operations. In the event that, due to a natural disaster or other emergency condition, a CONTRACT COW&UNITY or unincorporated County requests the COUNTY to accept the delivery of solid waste oth:r than during normal receiving hours, the COUNTY will accept such deliveries to the extent consistent with the terms of the service agreements and may charge an additional fee for such emergency service as determined by the Resource Recovery Board. Cb) Additional Hours of Operation_ The COUNTY may upon request of a CONTRACT COMMUNITY or unincorporated County agree, to the extent permitted by law and consistent with the service agreements, to receive solid waste at hours other than the normal receiving hours. The requesting CONTRACT COMMUNITY or unincorporated County shall give reasonable notice and shall make its request in writing to COUNTY at least two C2) days prior to the beginning of such delivery. If the COUNTY provides the requested service, then additional fees for operating outside the 'normal receiving hours will be payable by the CONTRACT COMMUNITY or unincorporated County in an amount determined by the Resource Recovery Board. -20- 4.7 Plan of Operations. The COUNTY and the CONTRACT COIIiCNIUNITIES agree that at least six (63 months prior to the date that the first resource recovery facility, landfill or contingency landfill or transfer station, developed to meet the COUNTY'S obligations under this Agreement becomes fully operational, a plan of operations will be promulgated by the Resource Recovery Board consistent with the terms of the Service agreement applicable to such facility and disseminated to each of the parties to this Agreement. The plan of operations shall be amended or' revised by the Resource Recovery Board at least six (6) months prior to the date additional resource recovery system transfer or disposal facilities become fully operational and otherwise from time to time as deemed appropriate_ The plan of operations shall, among other things, deal with such matters relating to the operation. management and administration of the resource recovery facilities. landfills. contingency landfills and transfer stations: hours of operations+ schedules of all participants: schedule and routing of deliveries; provisions for issuance of authorization to and regulation of delivery vehicles= measurements of quantity, quality and other waste charactoristiess billings rules and regulations relating to the use of the resource recovery system; inspection of resource recovery system facilities; and such other items as may be deemed appropriate from time to time by the Resource Recovery Board. -21- 4.8 Access to Resource Recovery Facilities_ The COUNTY agrees to permit, in accordance with the terms of the service agreements and plan of operations, authorized representatives of each CONTRACT COMMUNITY and unincorporated County to enter all facilities of the resource recovery system during usual business hours for inspection purposes_ 4.9 Weighing Records. The COUNTY shall cause operators of all reSaurce recovery system facilities Subject to the terms of the service agreements to operate and maintain motor truck scales calibrated to the accuracy required by Florida law and to weigh all vehicles delivering processable waste. Each vehicle delivering solid waste from a CONTRACT COMMUNITY or the unincorporated County shall have its tars weight and cubic capacity and other information required by the.plam of operations to be permanently and conspicuously displayed on the exterior of the vehicle in a size and location designated in the plan of operations. The COUNTY or full service contractors may, from time to time, require the revalidation of the'tare weight of any vehicle or the rewoighing of unloaded vehicles_ Each loadod vehicle with processable waste shall be weighed andweight. record produced indicating gross weight, tare weight, date, time, vehicle identification and such other detail as may be requested of the full service contractors under or pursuant to their respective service agreements. The COUNTY will -22- cause facility operators to maintain daily records of the total tonnage of solid waste delivered to its facility. Within fifteen (151 days after the and of each month, the COUNTY shall furnish or cause to be furnished to each CONTRACT C011MNITY and unincorporated County such weighing records as may be reasonably required by each CONTRACT COMMUNITY and unincorporated County to administer its contracts with haulers of solid waste. Copies of all weight tickets will be maintained or caused to be maintained by the COUNTY for a period of at least two [21 years. 4.10 Weighing Scales Not Operational - i+atimates. If weighing facilities are inoperable or are being tested, the facility operator shall estimate the quantity of processable waste delivered on the basis of truck volumes and estimated data obtained through historical information pertinent to the CONTRACT COAmiUN1TY or unincorporated County. The estimates shall take the place of actual weighing records, when the scales are not operational, if, upon conclusion of testing, the test indicates that a scale was inaccurate, any adjustments of records actually recorded since the previous teat will be made by the COUNTY pursuant to provisions of the service agreements and plan of operations.,. 4.11 Title To and Interest in Products. The CONTRACT COMMUNITIES and unincorporated County shall relinquish any and all title and interest in solid waste collected within their -23- respective boundaries upon delivery of the solid waste to the resource recovery system. 4.12 Manner of Delivery. Each CONTRACT COMMUNITY and unincorporated County shall provide the COUNTY with the following information about each hauler delivering solid waste on its behalf to the resource recovery system: name and address, make. body type and motor vehicle registraticn number of each vehicle usedg area of collection; and status as municipal vehicle operator or contract hauler. 4.13 Solid Kaste Segregation Programs. The CONTRACT COAMUNITIE5 and unincorporated County and COUNTY sores that no provisions of this agreement are intended to either discourage or prohibit either voluntary or locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for purposes of reuse or recycling. 4.14 Other Contracts for waste Delivery. The COUNTY agrees to the extent consistent with the service agreements that neither it nor any operator of resource recovery disposal 1 facilities, landfills. contingency. landfills os_transfer stations may enter into any agreements for the disposition of solid waste with other persons@ firms or corporations that materially impair the ability of the COUNTY to perform its obligations to the CONTRACT COMMUNITIES and unincorporated County under this Agreement. -24- 4.15 Except for emergency operations in accordance with section 4.6 of this Agreement. the COUNTY agrees, subject to the terms of the service agreements, that neither it nor any full service contractor will .enter into any agreement for the disposal or transfer of solid waste with any municipal corporations of.the State of Florida located in the COUNTY that contain terms more favorable to such party than the price and terms that are provided for under this Agreement, without the approval of the Resource Recovery Board. 4.16 Spot and Short Term Disposal. The CONTRACT COMMUNITIES and unincorporated County hereby agree that the COUNTY. or any full service contractor providing solid waste disposal or transfer services on behalf of the COUNTY, is authorised to accept solid waste on a spot or short-term basis of less than one year, from private haulers. in order to fully utilize the capacity of any resource recovery facility, so long as the capacity to receive solid waste delivered on behalf of any CONTRACT COMMUNITY and unincorporated County is not impaired. -ZS- ARTICLE S RESOURCE RECOVERY BOARD/SPECIAL DISTRICT 3.1 Creation of Resource Recovery Board and Special District, The CONTRACT COMMUNITIES and COUNTY agree that there shall be created a special district to be known as the "Broward Solid Waste Disposal District" pursuant to Section 125.OiCS). Florida Statutes, and this Agreement. The Resource Recovery Board shall serve as the governing board of the special district for the purpose of establishing tipping fees and service charges advising the COUNTY concerning construction contracts and service agreements, adoption of the plan of operations: and providing oversight of the operations of the resource recovery system for the CONTRACT COOMUNITIES and unincorporated County. Such special district shall be established by_COUNTY ordinance, in substantially the form of Exhibit D attached hereto and made a part hereof, and be approved by ordinance of each CONTRACT COMMUNITY in substantially the form of Exhibit E. attached hereto and made a part hereof, prior to March 31, 1987. 5.2 Composition. The Resource'Recovery'Board shall, be comprised of nine C93 members. Four (4) of the elected County Commissioners shall be appointed by the County Commission to serve as members for a term of two CZ) years. Four (4) -26- members shall be appointed by the CONTRACT COMMUNITIES as follows: (a) One (l) member each shall be selected by the two CONTRACT COMMUNITIES with the largest populations. Such members shall each serve a term of two C23 years_ Cb) One Ci) member shall be selected by the CONTRACT COM►fUNITY nearest to the median in size based upon population. Such member shall serve for two (2) years. Cc] One C1) member shall be appointed by the President of the Broward County League of Cities or its successor organization from its member cities that are CONTRACT COMMUNITIES, but not otherwise having an elected member serving on the Resource Recovery Board. Such member shall serve a term of two (a) years. The remaining member shall serve a term of one 11) year and shall be an elected County Commissioner appointed by the County Commission in terms commencing with even numbered year is During terms commencing with ode[ numbered years, the ` remaining member shall be an elected official appointed by the President of the Broward County League of Cities or its successor organization for the 'CONTRACT COMMUNITIES from a CONTRACT COMMUNITY not otherwise having a member on the Resource Recovery Board in the same manner as provided in -27- subsection (c) above. All members appointed by the CONTRACT CohWUNITIES and COUNTY as provided herein shall be elected officials of their respective CONTRACT COMWNITY or County Commission as the case may be. Should. a member cease to be a duly qualified elected official, the appointing authority which appointed such individual to the Resource Recovery Board shall select a successor to serve for the remaining term of the original appointment. For the purpose of this section, population figures contained in the latest estimate of population published by the University of Florida Bureau of Economic and Business Research shall be used. 5.3 The Resource Recovery Board shall elect one (!) of its members as chairman and one (.1) as vice-chairman to serve for one CI) year in that capacity or until their successors are elected. The chairmanship of the Resource Recovery Board shall alternate annually. with a CONTRACT COMKUN1TY representative presiding in even numbered years and a County Commissioner presiding in odd numbered years. A simple majority of the members of the Resource Recovery Board shall constitute a quorum to conduct any of its responsibilities. 5.4 The Resource Recovery Board shall meet for the first-time during the month of April, 1987, upon the call of the Chairman of the County Commission and thereafter periodically not less than once each quarter, to review all aspects of the resource recovery system, including, but not CHM limited to, tipping fees, other fees and service charges. revisions or amendments to the plan of operation, the formation, implementation and revision of policies and programs; location, relocation, establishment and reestablishment of resource recovery system facilities to be utilised by the CONTRACT COMMUNITIES and unincorporated County; repairs. maintenance and expansion of facilities, approval and submission of grant applications; and any other management or operational policies or directives which may be needed from time to time_ 5.5 The Resource Recovery Board shall adopt in accordance with the requirements of Article B and Article 9 a schedule of tipping fees and service charges for users of the facilities and services furnished by the resource recovery system. 5.6 The COUNTY shall provide adequate staff support, including the necessary administrative, clerical, technical and other required staff support for the implementation and administration of the resource recovery system during the term of this Agreement. Such employees and consultants shall diligently serve the interests of the Resource' Recovery Board and chalk not advocate the separate interests of any CONTRACT COMMUNITY. unincorporated County or COUNTY. The COUNTY shall consent to the request of the Resource Recovery Board to hire special consultants in the event the COUNTY does net have available the necessary resources and -29- expertise in a particular area, which consent shall not be unreasonably withheld. The Resource Recovery Board may request the COUNTY•to hire special consultants to impartially advise the Resource Recovery Board on issues presented by the Resource Recovery Board. The expenditures for the hiring of such special consultants as well as other expenditures referred to in this Section 5.6 shall be deemed a public purpose and be included in the fees and service charges set forth in Article 6. 3.7 Technical Advisory Committee. There is hereby created a Technical Advisory Committee cosaposed of representatives of each CONTRACT COMMUNITY and unincorporated County as follows: (a) The chief administrative officer of each CONTRACT COMMUNITY and COUNTY shall appoint a representative who shall serve until replaced from the public works, utilities or such other department which performs similar functions for the CONTRACT COMMUNITY and unincorporated County. _The Resource Recovery Board may appoint for two (2) year terms up to five CS) additional members representing waste generators, recycling or environmental interests and private waste collection companies. M1119 tb) Each member of the Technical Advisory Committee shall be appointed on the basis of his or her technical or professional background which may include engineering, solid waste management or other related activities. Cc) Each member is responsible for participating in the activities of the Technical Advisory Committee, including the attendance at meetings for the purpose of considering technical issues regarding the resource recovery system. Ed) The Technical Advisory Committee shall serve in an advisory capacity to both the Resource Recovery Board and COUNTY. ARTICLE 6 TIPPING FEES AND SERVICE CHARGES 6.1 The Resource Recovery Board shall adopt and revise tipping fees and shall Impose and revise service charges which In each case shall conform with the formulas and other requirements of this Article 6 and Article 9 of this. Agreement and in the latter case further shall conform with the terms and provisions of the ordinance attached hereto as Exhibit D. -31- 6.2 The CONTRACT COMMUNITIES and COUNTY hereby agree as follows with respect to the tipping fee for processable waste: (a) The tipping fee for processable waste to be paid by each hauler to COUNTY shall be FORTY FIVE DOLLARS AND NO CENTS ($48.00) per ton adjusted from October 1. 1988, in accordance with provisions of Subsections [b) and tc) of this Section and Article 9 hereof. . The elements going into the calculation of the tipping fee are generally the COUNTY's costs of meeting its obligations hereunder. Exhibit F to this Agreement contains a summary of the elements of the COUNTY's costs of meeting its obligations. tb) The tipping fee for processable waste specified in Subsection [a) of this Section shall be increased on a one time basis by the Resource Recovery Board if prior to the beginning of operation of the initial northern and southern facilities of the resource recovery system including landfills and contingency landfills (i) a change in law or event of force majeure as defined in the construction contracts or service agreements, (ill change in the rate paid full service contractors by purchasers of electrical energy or (iii) a change in the COUNTY's payment obligation under the construction contracts and service -32- agreements occurs which increases the COUNTT's costs of meeting its disposal obligation pursuant to provisions of construction contracts or service agreements. The tipping fee increase shall fully compensate the COUNTY for its increased costs. Cc) The tipping fee for processable waste each fiscal year commencing with the fiscal year beginning October 1, 1988, and each succeeding fiscal year thereafter shall be adjusted automatically yearly by adding to or subtracting from the then current fiscal year's tipping fee the'amount obtained by multiplying such current tipping fee by the average change, expressed as a percentage. of the following two indices as determined as follows: 1. From the latest Producer (Wholesale) Price Index for Durable Goods for the region including Broward County. as determined and recorded by the United States Department of Labor. Bureau of Labor Statistics, as available 150 days prior to the expiration of the fiscal year in which the calculation is -being made for the next fiscal year. subtract the amount of such index for the same date in the next preceding fiscal year. The difference shall be expressed as a percentage. -33- Z. The change, expressed as a percentage. for said period in the.Consumer.Price Index all urban consumers fCPI-U) for the region including Bro'ward County, as determined and recorded by said Bureau of Labor Statistics, shall be similarly calculated. The percentage change of each of the foregoing indices so determined shall be added together. The sum of those numbers shall then be divided by two to deternine the average change, expressed as a percentage, of tht two indices. In the event that either or both of said indices shall no longer be available during the term of this Agreement. the Resource Recovery Board shall select a replacement index or indices as required provided that any such replacement shall. in the best judgement of the Resource Recovery Board be as nearly the same as the replaced index or indices. fd) Except as provided in Article 9 of this Agreement, the tipping fee for processable waste provided for in this Section 6.2 shall be calculated.and established by the Resource Recovery Board -at. least 120 days preceding the beginning of each fiscal year and shall be effective for the next ensuing fiscal year. -34- 6.3 The CONTRACT COMMUNITIES and unincorporated County hereby agree the tipping fee established from time to time by the COUNTY or full service contractor and paid by haulers for disposal of unprocessable waste will be based upon the vol- ume and content of the unprocessable waste. At no time shell CONTRACT COAMUNITIES and unincorporated County be charged a tipping fee for similar unprocessable waste which is higher than'the most favorable rate then currently being charged by the COUNTY or full service contractor at the disposal facility being used. 6.4 The CONTRACT COIAWNITIES and COUNTY hereby consent to the imposition and collection of a service charge pursuant to Section 125_01(5), Florida Statutes, for the purpose of making up any "disposal obligation revenue shortfall" projected or incurred by the COUNTY in any fiscal year. A "disposal obligation revenue shortfall" is herein defined to mean the difference, if any, projected or realized by the COUNTY in any fiscal year by subtracting from the total tipping fees and other revenue of the resource recovery system, if any. (the "gross revenues") the projected or actual cost of meeting its disposal obligations her*under. (a) Prior to the beginning of each fiscal year the Resource Recovery Board shall estimate. based an information provided by the COUNTY and others as appropriate, the disposal obligation revenue shortfall. if any, under -35- this Agreement and shall impose or revise the service charge to eliminate any estimated disposal obligation revenue shortfall for the ensuing fiscal year. (b) If during any fiscal yea.r the gross revenues plus any service charge revenues are inadequate to allow COUNTY to meet its disposal obligation. the COUNTY shall notify the Chairman of the Resource Recovery Board in writing detailing the reasons for the revenue shortfall and requesting the Resource Recovery Board to impose or revise the service charge. The Resource Recovery Board shall impose or revise the service charge in an amount sufficient to allow COUNTY to meet its current disposal obligations hereunder and to be reimbursed over a period of not more than twelve (133 months for expenditures already made. (c) The CONTRACT COWUNITIES and COUNTY for the unincorporated area agree to the imposition of a service charge by the Resource Recovery Board under the circumstances described in this Section 6.4. The basis for fixing the service charge and the method of enforcing the collection of the same shall• be as set forth in Exhibit A to this Agreement as the same may be amended from time to time by the Resource Recovery Board and approved by the Board of County Commissioners. -36- 6.5 If the net revenues of the resource recovery system projected by the COUNTY from the resource recovery system exceed the cost of meeting its disposal obligations hereunder in any fiscal year by an amount greater than 150%. then haulers making deliveries during such fiscal year shall receive a tipping fee credit in an amount which the Resource Recovery Board estimates will reduce net revenues to 150% of said costs. ARTICLE 7 COLLECTION OF TIPPING FEES 7.3 ror tipping £ees, the COUNTY shall bill the haulers with established credit, on at least a monthly basis, in accordance with the plan of operations. Such haulers shall pay the COUNTY the full amount of each bill within.thirty C301 days of receipt_ 7.2 Should any hauler fail to pay COUNTY within such thirty (303 day period, the hauler shall be liable for an additional one and one-half percent (1-1/2%) per month of the outstanding, balance due. Should any amount remain unpaid for more than forty-five (45) days, such hauler shall be considered in default and all of the rights accruing to the COUNTY under this Agreement or at law may be pursued by the COUNTY, Mkt Resource Recovery Hoard or any CONTRACT COMMUNITY to compel the hauler to perform its obligations. 7.3 Dispute on Billings. Ca) In the event of a dispute as to a billing, the hauler shall first pay the full amount of the disputed charfes when due and shall, within thirty C30) days from the date of the receipt of the disputed bill, give written notice of the dispute to the COUNTY. The notice of dispute shall identify the disputed bill, state the amount in dispute and set forth a full statement of the grounds on which such dispute is based. Cb) If not resolved by the hauler and the COUNTY, the dispute shall be considered by the Resource Recovery Board who may accept. reject or modify the haular's appeal should it determine that the amount of the billing does not comply with the terms and conditions of this Agreement_ Ce) Should a hauler disagree with the determination of the Resource Recovery Board, it may pursue any remedy available at lax except withholding payment. 7.4 The COUNTY shall have the right to set reasonable insurance and credit requirements for participating haulers other than -38- governmental agencies. The COUNTY shall require as a condition of credit that haulers agree to the collection procedures in this Article 7 including the dispute resolution procedures in Section 7.3. 7.3 Each CONTRACT COAMUNITY and COUNTY for the unincorporated area agree to include in any contracts or contract amendments with haulers executed after the date of execution hereof, a provision that the hauler shall comply with the provisions of this Article 7 and to enforce such provision_ The COUNTY shall be a third party beneficiary of such provision. ARTICLE 8 ANNUAL AUDIT $._I The COUNTY shall secure an annual external audit, consistent with the terms of the service agreements. of the solid waste disposal and resource recovery system by -a qualified certified public accountant. Copies of the audit reports are to be made available to al 1'CONTRACT 'COMAUNITIES. the Resource Recovery Hoard and, if requested, to private entities utilising the system_ The COUNTY shall maintain separate accounts and records for each of the resource recovery facilities, landfills, contingency landfills and transfer stations. _39— ARTICLE 9 ADDITIONS AND IMPROVEl1SENTS TO RESOURCE RECOVERY SYSTEM 9.1 This Agreement obligates the COUNTY to construct, operate, maintain and repair a resource recovery system or cause to be constructed, operated, maintained and repaired a resource recovery system adequate for the disposal of all solid waste collectod in each CONTRACT COROAUNITY and unincorporated County and delivered to the resource recovery system consistent with the terms of the service agreements. Accordingly, the COUNTY may be required from time to time to incur additional obligations and indebtedness to pay the cost of acquiring, constructing and reconstructing additions and improvements ("additions and improvements") to the resource recovery system. 9.2 In the event the COUNTY determines that the resource recovery system or one or more of its facilities has become inadequate to meet the COUNTY's.disposal obligation under this Agreement, but revenue projected to be derived from the resource recovery system would not be adequate to support the cost of such additions and improvements. the COUNTY shall be authorized to proceed as follows: -40- (a) if sufficient revenue would be generated by the imposition of an increase in the current tipping fee no greater than 15 percent in excess of the tipping fee as then established pursuant to Section 6.2 of this Agreement. the COUNTY may, by resolution of its Board Of County Commissioners, request the Resource Recovery Board to so increase the tipping £re aommoncing at a time certain, and the Resource Recovery Board shall set the tipping fee in accordance with such request. (b) If sufficient revenue would be generated only by the imposition of an increase in the tipping fee in excess of iS percent, such.increase shall only be set by the Resource Recovery Board upon request of the Hoard of County Commissioners in the manner described in Ca) above if the County Commission and governing bodies of CONTRACT COMMUNITIES containing at least 51 percent of the population of all the CONTRACT COMMUNITIES and unincorporated County adopt resolutions approving the amount of the tipping fee increase as set forth in the resolution of the Board of County Commissioners requesting such increase. In acting in accordance with this subsection, the Resource Recovery Board shall rely conclusively on a statement furnished by the University of Florida Bureau of Economic and Business Research as. to the current best estimates of the population of the respective CONTRACT COMMUNITIES and unincorporated County. -41- (c] If the 91 percent approval required by subsection (b) cannot be obtained within six (6) months of the County Commission passing its resolution requesting a tipping fee increase and if the COUNTY cannot otherwise satirfy revenue requirements so as to incur obligations or indebtedness adequate to pay the cost of additions and improvements necessary to meet the disposal obligation, the COUNTY, with the advice of the Resource Recovery Board, shall calculate the tons per day by which current disposal obligation exceeds the capacity of resource recovery system facilities. The plan of operations will be revised by the Resource Recovery .Board in such a manner as required to reduce, in an equitable, pro rata fashion to be determined at the time, the tons per day which each CONTRACT COMMUNITY and unincorporated County will be entitled to deliver or cause to be delivered to resource recovery system facilities. ARTICLE 10 OBLIGATIONS UNDER THIS AGREEWNT ARE NOT INDEBTEDNESS OF ANY CONTRACT COMMUNITY OR COUNTY 10.1 The respective obligations of each CONTRACT COMMUNITY and COUNTY under this Agreement shall not be an indebtedness of such CONTRACT COMMUNITY or COUNTY within the meaning of any -4Z- constitutional, statutory, charter or ordinance provision or limitation of ouch CONTRACT COMMUNITY or COUNTY. Neither CONTRACT COMMUNITY nor COUNTY is obligated to pay or cause to be paid any amounts due under this Agreement except in the manner provided herein, and the faith and credit of such CONTRACT COMMUNITY and COUNTY is not pledged to the payments of any amounts due under this Agreement. This Agreement shall not require any CONTRACT COMMUNITY or COUNTY to levy or pledge any taxes whatsoever for the payment of any amounts due under this Agreement. ARTICLE 11 RELATIONSHIPS OF THE PARTIES 11.1 Rxaept.as set forth herein, no parties to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations assumed by the other party and nothing in this Agreement shall be deemed to constitute any party a partner. agent. or local irepresentative of the other party or to create any type of fiduciary responsibility or relationship of any kind whatsoever bo-tween the parties. The obligations to this Agreement are not joint, the obligations are separate and several between each of the CONTRACT COMIMNITIES and COUNTY. d 143C ARTICLE 12 MISCELLANEOUS 12.1 Assignment. This Agreement, or any interest herein, may sot be assigned, transferred or otherwise encumbered, under any circumstances by any party without the prior written consent of the other parties to this Agreement. The parties agree, however, that the COUNTY may assign rights and obligations under this Agreement as is necessary by the COUNTY with tTe advice of the Resource Recovery Board for the provisions -of solid waste disposal services under this Agreement. 1x.2 State and Federal Laws. The pprovisions of solid waste disposal services under this Agreement shall comply with all applicable state and federal laws. This Agreement shall bo construed in accordance with the laws of the State of Florida. 12.3 COUNTY Records_ The COUNTY agrees to maintain and cause its full service contractors pursuant to the terms of the service agreements to maintain complete and accurate accounti.ng records for solid.waste transfer or disposal services provided to the CONTRACT CO11MNIT1ES and unincorporated County_ The COUNTY agrees to maintain, or cause to be maintained information in sufficient detail to permit each CONTRACT COIWUNITY to ascertain the cost of -44- solid waste services provided. pursuant to this Agreement, separate and apart from the cost of other services of the COUNTY. Upon reasonable notice given by any CONTRACT COMMUNITY, the COUNTY shall make available or have made available to such CONTRACT COMMUNITY all books, records. computer programs■ printouts, memoranda of any kind whatsoever regarding all of the operations of the resource recovery system at the cost of the party seeking such information. 12.4 Notices. All notices, consents and other communications required. permittod or otherwise delivered under thin Agreement shall be in writing and be delivered either by hand with proof of delivery or mailed by first class registered or certified mail. return receipt requested, postage prepaid, and in any case shall be addressed as provided in Exhibit H, attached hereto and made a part hereof. Changes in the respective addresses of CONTRACT COMMUNITIES provided in Exhibit $ and of COUNTY provided on the signature page may be made from time to time by either party by notice to the other party. Notices and consents given by mail in accordance with this section shall be deemed to have been given five (5) business days after the day of dispatch; notices and consents given by any other means shall be deemed to have been riven when received. -45- 12.3 Grant Information. The CONTRACT COMMUNITIES agree to provide the COUNTY and the Resource Recovery Board with all relevant Information that any federal, state or local agencies may require in the application for financial assistance in the acquisition or construction of the resource recovery facilities and In the provisions of solid waste disposal services to them. The parties agree to adapt such regulations, execute such agreements and do such worl as may be required by federal, state or local agencies as part of any such application for financial assistance to the resource recovery facilities. 12.6 Incorporation of Agreements. This document supersedes all prior negotiations, correspondence, conversations, agreements, or understandings, applicable to the matters contained therein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed by the governing bodies of CONTRACT COhWUNITIE3 and County Commission containing at least 31 percent of the population of all CONTRACT COMIJUNITIES and unincorporated County. No modification or alteration shall be adopted which reduces the term of this Agreement as provided in Article 16 hereof_ a ><.I= 12.7 Additional CONTRACT COMMUNITIES. After March 31, 1987. and throughout the'term of this Agreement, any municipal corporation existing under the laws of the state and located in COUNTY which is not already a CONTRACT COMMUNITY may become a CONTRACT COMMUNITY only under the following terms and conditions: [a] Any municipal corporation wishing to become a CONTRACT COMMUNITY, hereinafter referred to as "Nominee". shall give written notice to the COUNTY and Resource Recovery Hoard on or before March 31 of the Nominee's desire to become a CONTRACT COMMUNITY as of the following October 1, the beginning of the next fiscal year. [b] In its written notice, Nominee shall certify that it has approved this Agreement, as it may have been modified or amended as of that date. and adopted the ordinances required of CONTRACT COMAUNITIES attached to this Agreement as Exhibits C and E. as such have been modified or amended as of that date_ The effective date of this Agreement and ordinances shall be the following October 1. [c] The written notice shall further acknowledge Nominee's agreement to waive provisions of Section 4.1 of this Agreement regarding the minimising of transportation of Zlrt solid waste and cost of such transportation by the Resource Recovery Board in the plan of operations it existing CONTRACT COMMUNITIES Mould be required to either modify their then existing operations or incur additional costs unless such existing CONTRACT C0164UNITIES waive this provision in writing to the Resource Recovery Board. (d) The Nominee shall also agree to pay a proportionate share of past costs associated with development of the resource recovery system, the provision of contingency landfill .capacity and other similar costs. The Resource Recovery Board shall, upon written request of any municipal corporation eligible to become a Nominee, provide a quotation of potential Nominee's share of such past costs which shall be based upon the estimated quantity and quality of the potential Nominee's solid waste which the COUNTY would be required to dispose of over the re=aaning jigs of this AgTooment_ Payment of such past costs to the COUNTY may be made as a lump sum by a Nominee upon becoming a CONTRACT COlAMNITY or may be made by it in equal annual installments over the remaining terra of this Agreement.. There shall be no prepayment penalty. Interest on any unpaid balance shall be computed based upon the maximum rate paid on any Broward County Resource Recovery Revenue Bonds Series 1984 designated for construction of any portion of the resource recovery system. -48- (e) when a Nominee hex agreed to all of the above terms and met all of the above conditions, the COUNTY shall give written notice to the Nominee, existing CONTRACT COXMNITIES and Resource Recovery Board that the Nominee will become a CONTRACT COMMUNITY for all purposes of this Agreement and Exhibits A and B of this Agreement will be modified as appropriate on the following October i. 1Z.8 Confidentiality. Each. CONTRACT COMWUNITY acknowledges that information COUNTY obtains from a full service contractor may be subject to confidentiality restrictions under the construction contracts and service agreements to the extent consistent with applicable law. 32.9 Severability. In the event that any provision of this Agreement shall, for any reason, be determined to be invalid, illegal or unenforceable in any respect. the parties hereto shall negotiate in good faith and agree as to such amendments, modifications or supplements of or to this Agreement or such other appropriate actions as shall, to the maximum extent practicable in light of suchdetermination, implement and give effect to the intentions of the parties as reflected herein, and. the other provisions of this Agreement shall, as so amended. modified or supplemented, or otherwise affected by such action. remain in full force and effect. -49- 12.10 Representations and Warrantieso Legal Opinions. Each of the CONTRACT COMWUNITIES and COUNTY hereby represents and warrants as to itself as follows and each CONTRACT COMMUNITY hereby agrees to provide to the COUNTY's bond counsel and to the COUNTY's Ceneral Counsel a favorable opinion of its Counsel dated as of such date that they m+y request and on which they may rely in furnishing opinions to the full service contractors to the following effect: (a) It is duly organised and validly existing under the censtitutien and laws of the State of Florida. with full legal right, power and authority to enter into and perform its obligations hereunder: (b) This Agreement has been duly authorized, executed and delivered -by it and constitutes its legal, valid and binding obligation, enforceable against it in accordance with its terms Iexcept as such enforceability may be limited by Article X, Section 13 of the Florida. Constitution or bankruptcy, moratorium. reorganisation or similar laws affecting the right of creditors generally]r Cc) Neither the execution or delivery by it of this Agreement, nor the performance of its obligations hereunder or the fulfillment of the terms and conditicns -50- hereof: (i) conflicts with. violates or results in a breach of the Constitution, any law or government regulation of .the State pf Florida, or any other local law or ordinance or Cii) conflicts with, violates or results in any breach of any term or condition of any judgment or decree, or any agreement or instrument to which it is a party or by which it or any of its properties or assets are bound, or constitutes a default thereunder; (d) Except for the procedures provided under Section i2s_01t5). Chapter 165 and Chapter 75 of the Florida Statutes, and such action as has already been taken. no approval, authorization# or order of. or any consent or declaration, registration of filing with, any governmental authority of the State of Florida or any referendum or other action of voters Cby election. action by town or city council or otherwise) is required for the valid execution. delivery and performance of this Agreement by its (a) Except as disclosed in writing to the other parties prior to its execution and delivery of .this Agreement, to its best knowledge, there is no action, suit or proceeding, at law or in equity, or any official investigation before any court or governmental authority nor any referendum or other voters' initiative pending -51- or, to its best knowledge, threatened against it which might materially adversely affect the taking or exercise by the Special District or the Resource Recovery Board of the actions to be taken by either of them or the powers to be exercised by either of them under this Agreement. or the performance by either of them or it of their and its obligations under this Agreement or which challenges, or if adversely determined might materially adversely affect. the validity, legality or enforceability of this Agreement. ARTICLE 13 I NDEhW I F I CAT I ON 13.1 To the maximum extent permitted by law, the COUNTY .and each CONTRACT COMMUNiITY shall indemnify, defend and hold harmless the other. their officers, employees and agents from and against any liability, claims, demands, actions. costs, expenses, losses or damages whatsoever. including reasonable attorney's fees. that may in any way result from any negligent acts arising out of.the performance of its obligations under this Agreement. -58- ARTICLE 14 CONTRACTS WITH HAULERS 14.1 Each party to this Agreement agrees to cause the terms and conditions of any agreement that it may have with a hauler of solid waste to conform with the terms and conditions of this Agreement within 24 months of its execution hereof. ARTICLE 15 CESSATION 13.1 If any CONTRACT COMWUNITY, unincorporated County or COUNTT shall fail to perform or observe any of the material terms and conditions of this Agreement for a period of sixty (60) days after receipt of notice of such default from another party or Resource Recovery board, the party giving the notice of default may be entitled, but not required, to seek specific performance of this Agreement_ The parties acknowledge that money damages may be an'inadequate remedy for the failure to perform and that.the party giving notice is entitled to obtain an order requiring specific performance by the other party. Failure of any party.to. exercise its rights in the event of any breach by another party shall not constitute a waiver of such rights. No party shall be deemed to have waived any failure to perform by another party unless such waiver is in writing and signed -53- by the waiving party. Such waiver shall be limited to the terms specifically contained therein. This paragraph shall be without prejudice to the right of any party to seek such just legal remedy for any breach of the other as may be available to it. 13_2 Resource Recovery Board shall provide for the equitable distribution of ,the Broward Solid Waste Disposal District's assets and liabilities to the CONTRACT COMMUNITIES, unincorporated County and COUNTY at the end of the term of this Agreement. The Resource Recovery Hoard shall consider any perpetual maintenance responsibilities of the COUNTY in making such distributions. ARTICLE 16 DURATION 16.1 This Agreement shall be effective for each CONTRACT COMMUNITY and unincorporated County from the date of execution for a period ending twenty (20) years from the date the initial northern or southern resource recovery facility or contingency landfill servicing the applicable CONTRACT COMMUNITY or unincorporated County as provided for in the plan of operations becomes operational in accordance with the terms of the service agreements or otherwise, but in no event earlier than the later of the final maturity of -54- any indebtedness of the COUNTY issued with respect to the resource recovery system or expiration of the initial term of the northern and southern resource recovery facility service agreements. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorised to execute same by Board action on the 3r� day of 1981. and each CONTRACT COI►bWUNITY, signing by and through officers duly authorised to execute same. -us- C O U N T Y ATTEST: Coun y Administrator and dA-x- Officio Clerk of the Board of County Commissioners of Broward County. Florida BROWARID COUNTY, through its HOARD OF COUNTY COMMISSIONERS r � ByAx Ch'a i rman day of r~ 19 �7. Approved as to form and Iegality by Office of General Counsel for Broward County, Florida SUSAN F. DELEGAL. General Counsel Governmental Center, Suite 423 113 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: C305) 357-7600 Assistant General Counsel VICTOPET F1.;LX0VTSZ1 MINA'Rn -50- C O N T R A C T C O M M U N I T T WITNESS: City of Tamarac Name of Contract Commur.t:y By Vice ma _ syaney nf.�` ATTEST: City Clerk 25th day of 9y City Manager -I! P. Kelly 25th day of __Mprrh� , 19 P7 APPROVED AS TO FORM: CCORPORATE SEAL) Ci y fatna A B y in�Ap� eg to � STATE OF FLORIDA ) ) SS: COLNTY OF BROWARE ) I HERESY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and inihe County aforesaid to take acknowledgments, personally appeared Sydney M. Stein, Vice Mayor and John P. Kelly, City Manager to me known to be the personsdescribed in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and Official seal in the County and State last afuresai, this 25th day of March, A.D., 1987. MY COHMISSION EXTIRES: -57- O,tA I' PUBLIC . "TART, r(-e! Ic StAyt v rt7Rzaa my co"IlM l tip [t►y 37•1890 Iowa TNR� G(A(AA( INS. YRn. EXHIBIT A NAMES OF THE CONTRACT COMMUNITIES 1. Fort Lauderdale 2. Coral Springs 3. Plantation 4. Sunrise 5. Deerf ield Beach 6. Margate 7 Miramar S. Davie 9. Tamarac 10. Lauderdale Lakes 11. North Lauderdale 12. Coconut Creek 13_. Cooper City 14. Wilton Manors 15. Lighthouse Point 16. Pembroke Park 17. Lauderdale -by -the -Sea 18, Hillsboro Beach 19. Oakland Park 20. Hollywood cn 21. Lazy Lake 22. Lauderhill 23. Sea Ranch Lakes 24. Weston EXHIBIT "A" RESOLUTION NO. A RESOLUTION ADOPTING A SCHEDULE OF SERVICE CHARGES TO BE IMPOSED UPON THE OWNERS OF ALL RES- IDENTIAL AND COMMERCIAL IMPROVED REAL PROPERTY IN THE BROWARD SOLID WASTE DISPOSAL DISTRICT TO PROVIDE THE REVENUES TO MEET THE DISPOSAL OBLIGA- TION REVENUE SHORTFALL ON ACCOUNT OF THE FISCAL YEAR BEGINNING OCTOBER 1, 19 , AND ENDING SEPTEMBER 30, 19 ; PROVIDING FOf THE HOLDING OF A PUBLIC HEARING AND THE NOTICING THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to authority granted by the Constitution and laws of the State of Florida, and particularly Chapter 125, Florida Statutes, Broward County, Florida (the "County"), and the cities of [list Contract Communities) (the "Contract Communities") have created the Broward Solid Waste Disposal District (the "District") pursuant to Ordinance No. adopted by the Board of County Commissioners of the County on 1987 (the "Enabling Ordinance"), and. 'approved by ordinances adopted by the governing bodies of the respective Contract Communities; and. WHEREAS, the County and the Contract Communities pursuant to authority granted by Chapter 163, Florida Statutes, have entered into an Interlocal Agreement dated November 25, 1986, providing for the disposal of the solid waste generated within the geographical boundaries of the Contract Communities and the unincorporated County at the resource recovery system transfer and disposal facility and facilities referred to In said Interlocal Agreement; and WHEREAS, the County and the Contract Communities have agreed in the Interlocal Agreement pursuant to authority contained In Section 125.01(5), Florida Statutes, and consistent with the Enabling Ordinance that the Resource Recovery Board as the governing body of the District shall impose and collect service charges for the purpose of making up any disposal obligation revenue shortfall (as such term is defined in the interlocal Agreement) projected or incurred by the County in any fiscal year; and WHEREAS, pursuant 'to Section 6.4 of the Interlocal Agreement and Section 7 of the Enabling Ordinance, the Resource Recovery Board has determined that a disposal obligation revenue shortfall is projected to occur in the fiscal year beginning October 1, 19_, and ending September 30, 19r, and proposes that the schedule of service charges set forth in Appendix A to this Resolution be imposed as therein provided to meet such disposal obligation revenue shortfall; NOW, THEREFORE, BE IT RESOLVED BY THE RESOURCE RECOVERY BOARD OF THE BROYtiARD SOLID WASTE DISPOSAL. DISTRICT: Section 1. The findings contained in the preambles to this Resolution are hereby approved and adopted. Section 2. The service charges set forth in and to be imposed as provided by Appendix A to this Resolution are hereby approved and adopted io be imposed and collected as provided herein and in the Enabling Ordi-- _7_ nance; provided, however, that such service charges may not be imposed and collected until the public hearing provided for in Section 3 hereof has been noticed and held. Section 3. Notice of public hearing of the adoption of this Resolution shall be published in r a newspaper of general circulation in the County at least twice with the first publication being at least twenty (20) days prior to the date of public hearing. The notice shall be in substantially the following form: NOTICE OF PUBLIC BEARING A public hearing will be held in in the City of Florida, on 19 at the hour of .m. The purpose of the public hearing will be for interested parties particularly persons to be affected by the imposition of service charges for solid waste disposal services within the Broward Solid Waste Disposal District consisting of the cities of [list Contract Communities] and unincorporated Broward County to make comment to the Resource Recovery Board of said District as to such service charges. Such service charges are to -be imposed and collected within the District for the fiscal year beginning October 1, 19—, and ending September 30, 19_, for the purpose of making up incurred or projected disposal -3- obligation revenue shortfalls associated with the resource recovery system which serves to provide solid waste dis- posal services to the District. Copies of the rate resolution containing a schedule of service charges which will be adopted by the Resource Recovery Board at the conclusion of the public hearing will be available for examination by interested parties at in the City of Florida, between the hours of a.m. and p.m. on. Monday through Friday to and including 19 BROWARD SOLID WASTE DISPOSAL DISTRICT CHAIRMAN OF THE RESOURCE RECOVERY BOARD Section 4. Section 3 of this Resolution shall become effective immediately. The balance of this Resolution, including Appendix A hereto, shall become effective immediately upon adoption following the public hearing provided for in said Section 3. ADOPTED the day of . 19� A nP1P'1$Mff A Schedule of Service Charges to be Imposed in the Broward Solid Waste Disposal District for the Fiscal Year October. 1, 19� to September 30, 19_, inclusive. Section 1. Definitions. The definitions contained in Section 2 of the Enabling Ordinance are incorporated herein by reference. The following terms used herein shall have the following meanings: "Base Rate" means $ "Billing Unit" means the number of units established for each classification of Nonresidential Improved Real Property which, when multiplied by the Base Rate produces the annual Service Charge. "Nonresidential Improved, Real Property" means all commercial (except for hotels -motels), industrial, institutional, agricultural, government -owned and miscellaneous improved real property as so classified on the records maintained by the Property Appraiser. "Residential improved Real Pro ert " means all single family, mobile homes, multifamily -less .than 10 units, multifamily-10 units or more, condominium, cooperatives, and retirement homes plus commercial improved real property classified as hotels -motels as so classified on the records maintained by the Property Appraiser. "Square Peet" means the size of the buildings, structures or other improvements located on each parcel of Nonresidential Improved Real Property as shown on the records maintained by the Property Appraiser. 5.2 Section 2. Determination of Billin Units for Nonresidential. A. Billing Units of Stores, 1 story up to Square Feet; Stores and Office, or residential combination up to Square Feet; Office Buildings, 1 story up to Square Feet; Office Buildings, Multi- story up to Square Feet; Professional Buildings, Airports, Private, Commercial up to Square. Feet; Restaurants and Cafeterias up to Square Feet; Drive-in Restaurants up to Square Feet; Financial Institutions (Banks, Savings and Loan Companies, Mortgage Companies) up to Square Feet; Insurance Company National Regional Offices up to Square Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint Shops, Electric Repair, Laundries up to Square Feet; Service Stations up to Square Feet; Auto Sales, Repair and Storage, Auto Service Shops, Body and Fender Shops, Garages (Commercial), Farm Machinery Sales S Services up to . Square Feet; Florist, Greenhouses up to Square Feet; Theaters (Drive-in), Stadiums (Not enclosed) up to Square Feet; Theaters (Enclosed), Auditoriums (Enclosed) up to Square Feet; Night Clubs, Cocktail Lounges, Bars up to Square Feet; Bowling Alleys, Skating Rinks, Pool Halls, Arenas (Enclosed) up to Square Feet; Camps up to Square Feet; Light Manufacturing, Small Equipment Manufacturing Plants, Small Machine Shops, Instrument Manufacturing, Printing Plants up to Square Feet; Lumber Yards, Sawmills, Planning Mills up to Square Feet; Packing Plants, Fruit and Vegetable Packing Plants, Meat Packing Plants up to Square Feet; Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries, Wineries -6- up to Square Feet; Other Food Processing, Candy Factories, Bakeries, Potato Chip Factories up to Square Feet; Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay Plants, Rock and Gravel Plants up to Square Feet; Warehousing, Distribution Terminals, Trucking Terminals, Van and Storage Warehousing up to Square Feet; Open Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, Cruel Storage, Equipment and Material Storage up to Square Feet; 'Poultry, Bees, Tropical Fish up to Square Feet; Dairies, Feed Lots up to Square Feet; Churches up to Square Feet; Schools, Colleges Private up to Square Feet;. Homes for the Aged up to Square Feet; Orphanages up to Square Feet; Mortuaries, Cemeteries, Crematoriums up to Square Feet; Clubs, Lodges, Union Halls up to Square Feet; Utility, Gas and Electricity, Telephone and Telegraph, Railroads, Water and Sewer Service, Pipelines, Canals up to Square Feet; and Petroleum and Gas up to Square Feet. B. Billing Units of Stores, 1 story from to Square Feet; Stores and Office, or residential combination from to Square Feet; Office Buildings, 1 story from to Square Feet; Office Buildings, multi -story from to Square Feet; Professional Buildings, Airports, private. commercial from to Square Feet; Restaurants and Cafeterias from to Square Feet; Drive-in Restaurants from to Square Feet; Financial Institutions (Banks, Savings and Loan Companies, Mortgage Companies) from to Square Feet; Insurance Company National Regional Offices from to Square -7- Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint Shops, Electric Repair, Laundries from to Square Feet; Service Stations from to Square Feet;, Auto Sales, Repair -and Storage, Auto Service Shops, Body and Fender Shops, Garages (Commercial), Farm Machinery Sales S Services from to Square Feet; Florist, Greenhouses from to Square Feet; Theaters (Drive --in), Stadiums (Not enclosed) from to Square Feet; Theaters (Enclosed), Auditoriums (Enclosed) from to Square Feet; Night Clubs, Cocktail Lounges, Bars from to Square Feet; Bowling Alleys, Skating Rinks, Pool Halls, Arenas (Enclosed) from to Square Feet; Camps from to Square Feet; Light Manufacturing, Small Equipment Manufacturing Plants, Small Machine Shops, Instrument Manufacturing, Printing Plants from to Square Feet; Lumber Yards, Sawmills, Planning Mills from to Square Feet; Packing Plants, Fruit and Vegetable Packing Plants, Meat Packing Plants from to Square Feet; Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries, Wlnerles from to Square Feet; Other Food Processing, Candy Factories, Bakeries, Potato Chip Factories from to Square Feet; Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay Plants, Rock and Gravel Plants from to Square Feet; Warehousing, Distribution Terminals, Trucking Terminals, Van -and Storage Warehousing from to Square Feet; Open Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, Fuel Storage, Equipment and Material Storage from to Square Feet; Poultry, Bees, Tropical Fish from 5:a to Square Feet; Dairies, Feed Lots from to Square Feet; Churches from to Square Feet; Schools, Colleges Private from to Square Feet; Homes for the Aged from to Square Feet; Orphanages from to Square Feet; Mortuaries, Cemeteries, Crematoriums from to Square Feet; Clubs, Lodges, Union Halls from to Square Feet; Utility, Gas and Electricity, Telephone and Telegraph, Railroads, Water and Sewer Service, Pipelines, Canals from to Square Feet; and Petroleum and Gas from to Square Feet. C. Billing Units of Stores, 1 story in excess of Square, Feet; Stores and Office, or residential combination in excess of Square Feet; Office Buildings, 1 story in excess of Square Feet; Office Buildings, multi -story in excess of Square Feet; Professional Buildings, Airports, private, commercial in excess of Square Feet; Restaurants and Cafeterias in excess of Square Feet; Drive. -in Restaurants in excess of Square Feet; Financial Institutions (Banks, Savings and Loan Companies, Mortgage Companies) in excess of Square Feet; Insurance Company National Regional Offices in excess of Square Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint Shops, Electric Repair, Laundries in excess of Square Feet; Service Stations in excess of Square Feet; Auto Sales, Repair and Storage, Auto Service Shops, Body and Fender..Shops, Garages (Commercial); Farm Machinery Sales si Services in excess of Square Fact; Florist, Greenhouses in excess of Square Feet; Theaters (Drive --in), Stadiums (Not enclosed) in excess of Square Feet; Theaters (Enclosed), -9- Auditoriums (Enclosed) in excess of Square Feet; Night Clubs, Cocktail Lounges, Bars in excess of Square Feet; Bawling Alleys, Skating Rinks, Pool Halls, Arenas (Enclosed) in excess of Square Feet; Camps in excess of Square Feet; Light Manufacturing, Small Equipment Manufacturing Plants, Small Machine Shops, Instrument Manufacturing, Printing Plants in excess of Square Feet; Lumber Yards, Sawmills, Planning Mills in excess of Square Feet; Packing Plants, Fruit and Vegetable Packing. Plants, Meat Packing Plants in excess of Square Feet; Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries, Wineries in cxccss of Square Feet; Other Food Processing, Candy Factories, Bakeries, Potato Chip Factories in excess of Square Feet; Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay Plants, Rock and Gravel Plants in excess of Square Feet; 'Warehousing, Distribution Terminals, Trucking Terminals, Van and Storage Warehousing in excess of Square Feet; open Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, Fuel Storage, Equipment and Material Storage in excess of Square. Feet; Poultry, Bees, Tropical Fish in excess of Square Feet; Dairies, Feed Lots in excess of Square Feet; Churches in excess of Square Feet; Schools, Colleges Private in excess of Square Feet; Homes for the Aged in excess of Square Feet; Orphanages in excess . of Square Feet; Mortuaries, Cemeteries, Crematoriums in excess of Square Feet; . Clubs, Lodges, Union Halls in excess of I Square Feet; Utility, Gas and Electricity, Telephone and -10- Telegraph, Railroads, Water and Sewer Service, Pipelines, Canals in excess of Square Feet; and Petroleum and Gas in excess of Square Feet. Section 3. Certain Improved Real Property Subject to Individual Calculation. The following Nonresidential Improved Real Property shall pay an annual Service Charge equivalent to the appropriate category of Nonresidential Improved Real Property based upon an individual determination of the annual volume of solid waste generated by the particular parcel of Nonresidential Improved Real Property. The individual determination of annual volume of solid waste generated by the particular parcel of Nonresidential improved Real Property shall be calculated based upon the size of the container and collection frequency used, or recommended for use, by the particular parcel of Nonresidential Improved Real Property. INDIVIDUAL CATEGORY: Department Stores; Supermarkets; Shop - piing Centers (Regional); Shopping Centers (Community); Marinas; Wholesale Outlets, Produce Houses, Manufacturing Outlets; Tourist Attractions, .Per- manent .Exhibits; Race Tracks, Horse, Auto or Dog; Jai Alai Frontons; Golf Courses, Driving Ranges; Heavy Industrial,' Heavy Equipment Manufactur- ing, Large Machine Shops, Foundries, Steel Fabricating Plants, Auto or Aircraft Plants; Hospitals Privately Owned; Military; Schools --Public County include all property of Board of Public Instruction; Government -owned Colleges; Government -owned Hospitals.; Counties other than Public Schools, =11 m Colleges, Hospitals; State other than Military Forests, parks, Recreational Areas, Colleges, Hospitals; Federal other than Military, Forests, Parks, Recreational Areas, Hospitals, Colleges; Municipal other than Parks, Recreational Areas, Colleges, Hospitals; and Leasehold Interests. Section 4. S ecific Service Charges. A. Im roved Real Pro ert . 1. Single Family Residence $ per unit per year 2. Mobile Homes $ per unit per year 3. Multi -Family --less than 10 Units $ per unit per year 4. Multi-Family---10 units or more $ per unit per year S. Condominium residence $ per unit per year 6. Cooperative Residence $ per unit per year 7. Retirement Home $ per unit per year 8. Hotels --Motels $ per unit per year. B. Nonresidential Improved Real Pro ert . Base Rate per Billing Unit per year. C. Certain Improved Real _ Property- -Individual Calculation. Base Rate per Billing Unit per year with the number of Billing Units for each such parcel of Improved Real Property in this category being calculated by multiplying the individual determination of the annual volume generated based upon cubic yards per week by VFM:eb 2/12 /87 #87--403 -12- EXHIBIT B NAMES TO WHOM NOTICES ARE TO BE DIRECTED 1. Mayor City of Fort Lauderdale 100 North Andrews Avenue Ft. Lauderdale, Florida 33301 2. Mayor City of Coral Springs 9551 West Sample Road Coral Springs, Flolrida 33065 3. Mayor City of PIantation 406 N.W. 73 Avenue Plantation, Florida 33317 4. Mayor City of Sunrise 10770 West Oakland Park Boulevard Sunrise, Florida 33321 5. Mayor City of Deerfield Beach 150 N.E. Second Avenue Deeerfield Beach, Florida 33441 6. Mayor City of Margate 5790 Margate Boulevard Margate, Florida 33063 7. Mayor City of Miramar 6700 Miramar Parkway Miramar, Florida 33023 8. Mayor Town of Davie 6591 S.W. 45 Street Davie, Florida 33314 MUM 9. Mayor City of Tamarac 7525 N.W. 88 Avenue Tamarac, Florida 33321 10. Mayor City of Lauderdale Lakes 4300 N.W. 36 Street Lauderdale Lakes, Florida 33319 11. Mayor City of North Lauderdale 701 S,W. 71 Avenue North Lauderdale, Florida 33068 12. Mayor City of Coconut Creek 4500 W. Copans Road Coconut Creek, Florida 33066 13. Mayor City of Cooper City 9090 S.W. 50 Place Cooper City, Florida 33328 14. Mayor City of Wilton Manors 524 N.E. 21 Court Wilton Manors, Florida 33305 15. Mayor City of Lighthouse Point 2200 N.E. 38 Streeet Lighthouse Point, Florida 33064 16. Mayor Town of Pembroke Park 3150 S.W. 52 Avenue Pembroke Park, Florida 33023 17. Mayor Town of Lauderdale -by -the -Sea 4501 Ocean Drive Lauderdale -by -the -Sea, Florida 33308 1 S. Mayor Town of Hillsboro Beach 1210 Hillsboro Mile Boulevard Hillsboro Beach, Florida 33062 19. Chairman, Board of County Commissioners Broward County Governmental Center - Room 421 115 South Andrews Avenue Ft. Lauderdale, Florida 33301 20. Mayor City of Oakland Park 3650 N.E. 12 Avenue Oakland Park, Florida 33334 21. Mayor City of Hollywood 2600 Hollywood Boulevard Hollywood, Florida 33022-9045 22. Mayor Village of Lazy Lake 2250 Lazy Lane Lazy Lake, Florida 33305 23. Mayor City of Lauderhill 2000 City Hall Drive Lauderhill, Florida 33313 24. Mayor Village of Sea Ranch Lakes 1 Crate House Road Sea Ranch Lakes, Florida 33308 25. Mayor City of Weston 2500 Weston Road, Suite 101 Weston, Florida 33331 —61— EXHIBIT C ORDINANCE NO. AN ORDINANCE ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT TO SECTION 403.713, FLORIDA STATUTES AND SECTION 3.3 OF THE INTERLOCAL AGREEMENT DATED NOVEMBER 25, 1986 BY AND BETWEEN THE CONTRACT COMMUNITIES AND BROWARD COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL SOLID WASTE GENERATED WITHIN [THE UNINCORPORATED AREA OF TEE COUNTY OR ITS GEOGRAPHICAL BOUNDARIES] TO THE RESOURCE RECOVERY SYSTEM DESCRIBED HEREIN; RELINQUISHING TITLE TO SOLID WASTE COLLECTED OR GENERATED WITHIN [THE UNINCORPORATED AREA OF THE COUNTY OR ITS GEOGRAPHICAL SOMMARIES] UPON DELIVERY OF SUCH SOLID WASTE TO SAID RESOURCE RECOVERY SYSTEM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the contour, elevation and high ground water level of Broward County, Florida (the "County"), disposal of solid waste through means other than landfills has been encouraged; and WHEREAS, the Legislature of the State of Florida has discouraged the dumping or burying of solid waste matter and the use of sanitary landfills as the sole method of disposal of solid waste; and WHEREAS, because of environmental concerns with utilizing of landfilling as the sole method of disposal of solid waste generated by the residents and visitors of the County, certain municipalities within the county and the County have sought a joint solution to such concerns; and WHEREAS, Section 403.713, Florida Statutes, provides that (1) "any local government that undertakes resource recovery of solid waste pursuant to general law or special act may control the collection and disposal of solid waste, as defined by general law or such special 'act, which is generated within the territorial boundaries of such local government and other local governments which enter into interlocal agreements for the disposal of' solid waste with the local government sponsoring the resource recovery facility", (2) "any local government which undertakes resource recovery of solid waste pursuant to general law or special act may institute a flow control ordinance for the purpose of ensuring that the resource recovery facility receives an adequate' quantity of solid waste from solid waste generated within its jurisdiction", and (3) "such solid waste will not include scrap, or -new or used material, separated at the point of generation and held for purposes of recycling, which shall be subject to state and local public health and safety laws"; and WHEREAS, consistent with Chapter 403, Part IV, Florida Statutes and in furtherance of addressing the problems created by the disposal of solid waste, certain municipalities within the County (the "Contract Communities") have entered into an Tnterlocal Agreement, dated November 25, 1985, (the "Interlocal -2- Agreement"), with the County which provides for,' among other things, the disposal of solid waste generated within the Contract Communities and the unincorporated area of the County; �1 wHE FAS, Section 3.3 of the Interlocal Agreement provides that each Contract Community and the County agree to enact a waste. flow control ordinance as set forth in Section 403.713, Florida Statutes, directing that solid waste generated within each such Contract Community and the unincorporated area of the County be delivered to the designated resource recovery system transfer. or disposal facility or facilities as provided in the Interlocal Agreement; and METiFAS, each Contract Community and the County further agree to include in any contract with haulers a provision that all municipal solid waste shall be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operations developed pursuant to the Interlocal Agreement; and NOW, THEREFORE, be it ordained by the (governing body of Contract Community or Board of Commissioners of Broward County], Florida, that: Section 1. Findings. The findings set forth in the foregoing preamble to this Ordinance are hereby approved and confirmed. Section 2. Definitions. M-C For the purpose of this ordinance, the definitions contained in the Interlocal Agreement shall apply unless otherwise specifically stated in this Section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. (a) Contract Communities. The term "Contract Communities" shall refer to the municipal corporation or corporations existing under the laws of the State of Florida located within the county that from time to time enter into the Interlocal Agreement. (b) County. The term "County" shall refer to Broward County, Florida, a political subdivision of the State of Florida. (c) Hauler. The term "hauler" shall refer to those persons, firms or corporations or governmental agencies responsible (under either oral or written contract, or otherwise) for the collection of solid waste within the geographic boundaries of the Contract Communites and transportation to the resource recovery system. (d) Interlocal Agreement. The term "Interlocal Agreement" shall refer to that certain Interlocal Agreement, dated November 25, 1986, by and among the County and the MIC Contract Communites, .as amended or supplemented from time to time pursuant to the provisions of the Interlocal Agreement. (e) Regourcg Recovery _System. The term "resource recovery system" shall refer to the resource recovery facilities which are constructed, operated and maintained or caused to be constructed, operated and maintained pursuant to the Interlocal Agreement. - (f) Solid Waste. The term "solid waste" shall have the meaning set forth in Chapter 403, Part IV, Florida Statutes, as amended from time to time, as limited or expanded by- the terms "processable waste, unprocessable waste and unacceptable waste" set forth in the Interlocal Agreement. (g) District. The term "District" shall refer to the Hroward Solid Waste Disposal District created by the County and approved by the governing bodies of the Contract Communities pursuant to the Interlocal Agreement. Section 3. Waste Flow Control. (a) It is the purpose of this ordinance to require all inhabitants and persons within the [City of or the unincorporated area of the County), Florida to use exclusively the resource recovery system identified in the Interlocal Agreement for the disposal of all solid waste generated within the [City of or the unincorporated area of the County] for the purpose of ensuring that the -5- resource recovery system receives an adequate quantity of solid waste from solid waste generated within its boundaries. (b) The [City of , or the County on behalf of the unincorporated area of Broward County,] Florida hereby directs that all solid waste generated within [its geographic boundaries or the unincorporated area of the County] be delivered to, the resource recovery system transfer or disposal facility or facilities- designated in the plan of operation under the Interlocal Agreement and further hereby relinquishes any and all title and interest in solid waste collected or generated within its geographical boundaries upon delivery of such solid waste to the resource recovery system transfer or disposal facility or facilities designated in said plan of operations. (c) The [City of , or the aoard of Commissioners of Broward County,] Florida will conform the terms and conditions of any agreement that it may have with a hauler of solid waste to the terms and conditions of the Interlocal Agreement. (d) Nothing herein is intended to either discourage or prohibit either voluntary or, locally ordained solid waste segregation programs segregating scrap or new or used materials at the point of generation and held for purposes of recycling. -6- Section 4. Effective Date. This ordinance shall become effective immediately upon compliance with any statutory requirements relatinq to notice and publication hereof. DONE AND ADOPTED in regular session this day of , 19 By: -7- [GOVERNING BODY] Title: EXHIBIT D ORDINANCE NO. 87-3 AN ORDINANCE CREATING THE BROWARD SOLID WASTE DISPOSAL DISTRICT; PROVIDING FOR ITS GOVERNANCE BY THE RESOURCE RECOVERY BOARD AND THE TERMS, COMPOSITION AND DUTIES OF SAID BOARD; PROVIDING FOR THE IMPOSITION BY SAID BOARD OF SERVICE CHARGES FOR SOLID WASTE DISPOSAL SERVICES TO BE PROVIDED WITHIN THE DISTRICT ON THE OWNERS OF IMPROVED REAL PROPERTY WITHIN THE DISTRICT; PROVIDING FOR SUCH SERVICE CHARGES TO BE IMPOSED BY RATE RESOLUTION OF SAID BOARD FOLLOWING PUBLIC HEARING; PROVIDING FOR THE PROCEDURES FOR ESTABLISHING SERVICE CHARGE ROLLS BY 'THE PROPERTY APPRAISER OF BROWARD COUNTY AND THE COLLECTION OF SERVICE CHARGES BY THE COUNTY TAX COLLECTOR; PROVIDING FOR DISCOUNTS FOR EARLY PAYMENT OF SERVICE CHARGES; PROVIDING THAT DELINQUENT SERVICE CHARGES SHALL CONSTITUTE LIENS ON THE IMPROVED REAL PROPERTY ON WHICH SUCH SERVICE CHARGES WERE IMPOSED; PROVIDING PROCEDURES FOR APPEALS TO THE RESOURCE RECOVERY BOARD; PROVIDING PROCEDURES IF SERVICE CHARGES ARE OMITTED; PROVIDING FOR SERVICE CHARGES APPLICABLE TO GOVERNMENTAL AGENCIES, LEASEHOLD INTERESTS AND TAX --EXEMPT PROPERTY; PROVIDING RELIEF FROM SERVICE CHARGES UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVER - ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. (Sponsored by the Board of County Commissioners) WHEREAS, Froward County, Florida (the "County"), is authorized pursuant to Section 125.01(1)(k) and (p), respectively, Florida Statutes, to provide and regulate waste collection and disposal and to enter into agreements with other governmental agencies within the boundaries of the County for joint performance by one unit in behalf of the other, of any of either agency's authorized functions; and WHEREAS, the. County has heretofore incurred System Indebtedness (hereinafter defined) pursuant to Chapter 159, Part 11, Florida Statutes, and Chapter 166, Florida Statutes, for the purpose of acquiring and con- structing the Resource Recovery System (hereinafter defined) and entered into contractual arrangements with the Full Service Contractors (hereinafter defined) for the purpose of providing for the disposal of solid waste collected within the unincorporated area of the County and the municipali- ties within the County which have or will become party to the Interlocal Agreement, as hereinafter defined (the "Contract Communities") ; and WHEREAS, Section 403.713. Florida Statutes, provides that any local government that undertakes resource recovery of solid waste may control the collection and disposal of solid waste which is generated within the territorial boundaries of such local government and other local governments which enter into interlocal agreements for the disposal of solid waste with the local government sponsoring the resource recovery facility and that any such local government which undertakes resource recovery of solid waste may institute a flow control ordinance for the purpose of ensuring that the resource recovery facility receives an adequate quantity of solid waste from solid waste generated within its jurisdiction; and WHEREAS, the County and Contract Communities each have or will have entered into an Interlocal Agreement (hereinafter defined) pursuant to which the parties have or will have agreed to cause the solid waste collected within their respective boundaries to be delivered to the Resource -2- Recovery System and to pay for such services as provided in the Interlocal Agreement; and WHEREAS, the County and Contract Communities each have or will have adopted waste flow control ordinances directing that solid waste generated within their respective geographical boundaries be delivered to the Resource Recovery System; and WHEREAS Section 125.01(5), Florida Statutes, provides that the governing body of a county shall have the power to establish 'special dis- tricts to include both incorporated and unincorporated areas, subject to the approval of the governing body of the incorporated area affected, within which may be provided municipal services and facilities from funds derived from service charges within such district only and that the governing body of such special district shall be composed of county commissioners and may include elected officials of the governing body of an incorporated area included in the boundaries of the special district with the basis of appor- tionment being set forth in the ordinance creating the special district; and WHEREAS, the County and Contract Communities have or will have agreed in the Interlocal Agreement that there shall be created a special district pursuant to Section 125.01 (5), Florida Statutes, for the purpose of establishing tipping fees, user charges and- service charges, advising the County concerning Construction Contracts and Service Agreements and providing oversight of the operations of the Resource Recovery System for the Contract Communities and the County; such creation to be effected by -3- County ordinance and to be approved by ordinance of each Contract Community; and WHEREAS, the County and Contract Communities have further agreed or will further agree in the Interlocal Agreement pursuant to the express authority contained in Section 125.01(5), Florida Statutes, to the imposi- tion and collection by the Resource Recovery Board (hereinafter defined), the governing body of the special district hereinafter created, of service charges for the purpose of making up Disposal Obligation Revenue Shortfalls (hereinafter defined) projected or incurred by the County in any Fiscal Year (hereinafter defined) ; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA: Section 1. FINDINGS_ 1.01 The findings set forth in the foregoing preambles to this Ordinance are hereby approved and confirmed. Section 2. DEFINITIONS. 2.01 For the purpose of this Ordinance, the definitions contained in the Interlocal. Agreement shall apply unless otherwise specifically, stated in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the -4- singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. (a) Addendum means the list prepared by the Property Appraiser and confirmed by the Resource Recovery Board for each Fiscal Year in which the Service Charge is imposed con- taining the same information as the Service Charge Roll as to any parcels of improved Real Property not incorporated in the corresponding Service Charge Roll and incorporating any changes as to the information Specified for any parcel of Improved Real Property on the corresponding' Service Charge Roll. f b) Chairman means the Chairman of the Resource Recovery Board and any successor to his functions. (c) Commercial Improved Real Property means all Improved Real Property ' primarily ' used " for commercial activities and enter- prises and excludes all Improved Real Property primarily used for residential purposes, including but not limited to, such residential uses as single family residences, condominiums, multiple family residences or apartments, motels and commer- cial trailer parks. (d) Construction Contracts means the contracts to be entered into by the County and SE5 Broward Company, Limited Partner- ship pursuant to Resolution No. 86--3007 dated August 19, 1986, and Broward Solid Waste Energy Company, Limited Partner- ship pursuant to Resolution No. 86-3750 dated September 30, 1986, and any successors thereto to design, construct, test, maintain, repair -and have accepted' the southern facility and northern facility, respectively, or any other Full Service Contractors to design, construct, test, maintain and repair a part of the .Resource Recovery System. (e) Contract Communities means the municipal corporations located within the County which are both parties to the Interlocal Agreement and included within the District. (f) Count means Broward County, Florida, a-- political sub- division of the State of Florida. (g) County_ Commission means the Board of County Commissioners of the County and any successor thereto as the governing body of the County. -5- (h) District means the Broward Solid Waste Disposal District, a speciai district created by the Ordinance pursuant to the authorlty granted by Sectlon 125.01 (5), Florida Statutes, and any successor thereto. (i) Disposal Obligation Revenue Shortfall means the difference, if any, projected or realized by the County in any Fiscal Year by subtracting from the total tipping fees and other revenues projected to be or actually received by the County .in .such Fiscal Year' the projected or actual cost to the County (as such cost is determined by reference to the Interlocal Agree- ment and the Service. Agreements) of meeting its obligation under the Interlocal Agreement .to provide for the disposal of all solid waste generated in each Contract Community and in the unincorporated area of the County. (j) Fiscal Year means the period commencing on the first day of October of any year and ending on the last day of September of the following year. (k) Full Service Contractors means a person, firm or corporation which has entered or will enter into an agreement with the County to design, construct, test, maintain, repair and operate resource recovery facilities, landfills or transfer stations for the purpose of disposal of solid waste through the Resource Recovery System and shall mean as to the southern facility, SES Broward County, limited Partnership and - as . to the northern facility, Broward Waste Energy Company, Limited Partnership and any respective successors thereto. (1) Governmental Agencies means all federal, state of Florida or local agencies or units of government located within the Dis- trict, including but not limited to the School Board of the County, Contract Communities, all special districts and municipal service taxing units with all or part of their bound- aries within the District and any municipality or special district or other unit of government not located within the District but which is the Owner of Improved Real Property within the District. (m) Improved Real Property means all real property located within the District that generates or is capable of generating solid waste and that contains buildings, structures or other improvements designed or constructed for and suitable for use or used for human habitation or human activity or commercial enterprise. -6- (n) Interlocal Agreement means the Interlocal Agreement, dated November 25, 1986, between the County and the Contract Com- munities pursuant to which the parties have or will have agreed to cause the solid waste collected within their boundaries to be delivered to the Resource Recovery System and to pay far such services as provided therein. [o) Notice of Lien means a Notice of Lien filed pursuant to Section 9 of this Ordinance. (p) Ordinance means this Ordinance adopted by the County Com- mission on March 10, 1987, and any amendments or supple- ments thereto. (q) Owner means a person or. persons owning an interest in improved Real Property located in whole or in part within the District. [r) Person means an individual, firm; partnership, corporation, association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine, as the context may require. (s) Property Appraiser means the Property Appraiser of the County or the officer succeeding to his functions. (t) Rate Resolution means 'a resolution adopted by the Resource Recovery Board pursuant to Section 7 of this Ordinance in- corporating a schedule of. Service Charges to be imposed upon the Owners of all Improved Real Property within the District on account of a Fiscal Year. (u) Resource Recovery Board means the Resource Recovery Board created by Section 4 of this Ordinance as the governing board of the District .and any successor thereto. (v) Resource Recovery _System means the resource recovery facili- ties which are or are caused to be constructed, operated, maintained and repaired pursuant to the Interlocal Agreement, the Construction Contracts and the Service Agreements for the purpose of disposal of . ,solid waste generated in the District and the recovery and sale of materials and energy therefrom including all landfills, transfer stations, disposal facili- ties and electric generating facilities, but excluding the County -owned landfill located in the Town of Davie, Florida, which is in existence as of the date of this Ordinance. -7- (w) Secretary means the Secretary of the Resource Recovery Board and any successor to his functions. (x) Service Agreements means the contracts to be entered into between the County and SES Broward County, Limited Partner- ship pursuant to Resolution No. 86-3007 dated August 1 % 1986, and Broward Waste Energy Company, Limited Partnership pursuant to Resolution No. 86-3750 dated September 30, 1986, respectively for the purpose of operating, maintaining and repairing the southern facility and northern facility, re- spectively, or any other Full Service Contractors for, the purpose of operating, maintaining and repairing all or any part of the Resource Recovery System. (y) Service Charge means the Service Charges to be imposed upon the Owners of all Improved Real Property within the District during any Fiscal Year pursuant to a Rate Resolution as authorized by . Section 125.01(5) , Florida Statutes, and pursuant to Section 7 of this Ordinance- (z) Service Charge Roll means the list prepared by and based upon the certified roll of the Property Appraiser and con- firmed by the Resource Recovery Board for each Fiscal Year in which the Service Charge is imposed containing a summary description of each parcel of Improved Real Property within the District as indicated on the records maintained by the Property Appraiser, the name and address of the Owner(s) of each such parcel as indicated on the records maintained by the Property Appraiser, the rate classification applicable to each parcel of Improved Real Property as specified in the Rate Resolution and the amount of the Service Charges applicable to each parcel of Improved Real Property for each Fiscal Year in which the Service Charge is imposed. (aa) System Indebtedness means all indebtedness incurred by the County to pay the cost of acquiring, constructing and equipping the Resource Recovery System at any time outstand- ing. (bb) Tax Collector means the Director of the County Department of Finance and Administrative Services. and. any successor.. thereto who provides tax collection services pursuant to Section 4.03 of the Broward County Charter. M-C Section 3. CREATION OF DISTRICT. 3.01 Pursuant to authority granted by Section 125.01(5), Florida Statutes, there is hereby established and created a special district to be known as the "Broward Solid Waste Disposal District" (the "District") to include both the incorporated municipalities who have as of this date elected to join the District and any incorporated municipalities which may elect to join the District as hereinafter provided for and the unincorpo- rated area of the County, subject to the approval of the governing body 'of each incorporated municipality becoming a member of the District. The approval of each incorporated municipality becoming a member of the District shall be evidenced by an ordinance duly adopted by the governing body of such municipality approving the terms and provisions of this Ordinance, a certified copy of which shall be. filed with this Ordinance in the office of the Department of State of the State of Florida. , The approval of the unincorporated area of the County shall be evidenced by the adoption of this Ordinance by the Board of County Commissioners as the governing body of such unincorporated area. Incorporated municipalities which elect to become members of the District by adopting an ordinance approving the terms and provisions of this Ordinance after March 31, 1987, shall be entitled to join but shall be subject to provisions contained in Section 12.7 of the 1 nterlocal Agreement. Each incorporated municipality in the County as a condition precedent to becoming a member of the District shall be required to become a Contract Community. Section 4. RESOURCE RECOVERY BOARD; COMPOSITION; TERMS. 4.01 The governing board of the District shall be known as the Resource Recovery Board and shall consist of nine (9) members. Four (4) members shall be members of the County Commission appointed by the County Commission for a term of two (2) years. Four (4) members shall be appointed by the Contract Communities as follows: (a) One (1) member each shall be appointed by the governing bodies of the two Contract Communities with the largest population for a term of two (2) years. (b) One (1) member shall be appointed by the Contract Community nearest to the median in size based upon population for a term of two (2) years. (c) One (1) member shall, be appointed by the president .of the Broward County League of Cities or its successor organization from its member cities that are Contract Communities and are not otherwise represented on the Resource Recovery Board for a term of two (2) years. The remaining member shall either be a member of the County Com- mission appointed by the County Commission for a term of one (1) year in each even -numbered year or shall be an elected official appointed as pro- vided in 4.01 (c) above from a Contract Community not otherwise represented on the Resource Recovery Board for a term of one (1) year in each odd -num- bered year. 4.02 Each member of the Resource Recovery Board shall be an elected official, either a member of the County Commission or a member of -10- the governing body of the Contract Community represented on the Resource Recovery Board. 4.03 Any member of the Resource Recovery Board who ceases to be an elected official. during his term of membership on the Resource Recovery Board shall be succeeded by an elected official appointed by the same ap- pointing authority and chosen from the same governing body as his predecessor to serve out the balance of the term. 4.04 In making the population determinations required by 4.01 fa) and (b) above, the population figures contained in the latest statement provided by the University of Florida , Bureau of Economic and Business Research shall be used. Section 5. OFFICERS; QUORUM. 5.01 The Resource Recovery Board shall appoint one of its members as Chairman and one as Vice-chairman, each for one-year terms. The Chairman shall be a - County Commission representative in odd --numbered years and a Contract Community representative in even -numbered years. The County Administrator shall act as Secretary to the Resource Recovery Board. 5.02 A majority of the members of the Resource Recovery Board shall constitute a quorum. Section 6. POWERS AND DUTIES. 6.01 The Resource Recovery Board shall perform all duties and dis- charge all obligations imposed upon it by the Interlocal Agreement, as the same may be amended and supplemented, in the manner provided for therein, Section 7. IMPOSITION OF SERVICE CHARGE; RATE RESOLUTION; PUBLIC HEARING. 7.01 The fact that any residential or commercial improved real property located within the District is designed for occupation or use, Is occupied or in use, or is capable of being occupied or used shall be prima facie evidence that solid waste is being generated by or accumulated upon such real property and it is hereby determined that the provision of the Resource Recovery System is a benefit and improvement to all improved real property within the District by insuring a source for the disposal of solid waste being generated by or potentially to be generated by the occupation or use of such real property. 7.02 On or before the fifteenth (15th) day of July in .each Fiscal Year commencing with the Fiscal Year succeeding the Fiscal Year in which the Resource Recovery System is placed in commercial operation, the Resource Recovery Board shall, based on consultation with the County, the Contract Communities and the Full Service Contractors and such other sources of information as it deems useful in reaching such determination, determine if a Disposal Obligation Revenue Shortfall is projected to occur on account of such Fiscal Year or the next ensuing Fiscal Year and the amount of such projected Disposal Obligation Revenue Shortfall. In the -1Z- event no such Disposal Obligation Revenue Shortfall is projected to occur, no further action need be taken. If a Disposal Obligation Revenue Shortfall is projected to occur, the Resource Recovery Hoard shall adopt a Rate Resolution, substantially in the form attached hereto as Exhibit A (except additional categories of Billing Units or Specific Service Charges may be created by the Resource Recovery Board from time to time in the event the Board determines that it is necessary to create such additional categories to accommodate uses, buildings, structures or other improvements that were not known or contemplated at the time of the adoption of this Ordinance), in- corporating a schedule of Service Charges to be imposed upon the Owners of all Improved Real Property in the District to provide the revenues to meet the Disposal Obligation Revenue Shortfall having occurred or projected to occur on account of such Fiscal Year or the next ensuing Fiscal Year. The Rate Resolution shall also provide that the Service Charges to be imposed pursuant thereto shall not be imposed and collected until a public hearing provided for therein has been noticed and held. 7.03 Notice of such public hearing shall be published by the Resource Recovery Board in a newspaper of general circulation in the County at least twice, with the first publication being at least twenty. (20) days prior to the date of public hearing. Such notice shall contain the date, time and place of the public hearing, together with a brief descrip- tion of the purpose of the public hearing and a statement of where copies of the Rate Resolution will be available for examination by interested parties prior to the public hearing. Such public hearing may be continued to a _13_ date certain without the necessity of further newspaper advertisement or - public notice. The Rate Resolution shall be adopted by the Resource Recovery Board at the conclusion of the public hearing and shall be effec� tive as of such date. 7.04 In addition, the Resource Recovery Board shall adopt a Rate Resolution pursuant to the procedures described in the foregoing paragraph upon receiving notification from the County as provided in Section 6.4(b) of the Interlocal Agreement. Section S. SCOPE OF SERVICE CHARGE; TIMING; DISCOUNTS; DELINQUENCY. 8.01 The Service Charge shall be imposed against the Owners of all real property in the ❑istrict if such real property is Improved Real Property on the first day of January prior to the Fiscal Year in which the Service Charge is imposed irrespective of whether such Improved Real Property is occupied or otherwise in use on such date. 8.02 The Owner and description of each parcel of Improved Real Property shall be that designated on the real property assessment roll maintained by the Property Appraiser, 8.03 The Service Charge imposed under a Rate Resolution shall be due and payable on November i of the Fiscal Year next succeeding= the Fiscal Year in which the Rate Resolution is adopted. Discounts for early payment of Service Charges shall be- at the rate of four percent (40) in the month of November; three percent (30) in the month of December; two MUM percent (29.) in the month of January; and- one percent (1%) in the month of February. The Service Charges paid in March shall be without discount. The Service Charge shall become delinquent if not fully paid by the first (1st) day of April of the Fiscal Year for which the Service Charge is imposed. All delinquent Service Charges shall bear an initial penalty of three percent (3%) of the full amount of the Service Charge if not paid by the first (1st) day of April of the Fiscal Year for which the Service Charge is imposed and an additional penalty of one and one-half percent (1 1 /2%) per month on the delinquent principal amount on the first (1st) day of June and an the first (1st) day of each month thereafter until said Service Charge is paid in full Section 9_ SERVICE CHARGE AS A LIEN ON PROPERTY. 9.01 All Service Charges imposed against the Owners of Improved Real Property within the District under the provisions of this Ordinance shall constitute, and are hereby imposed as, liens against such Improved . Real Property as of the first (1st) day of October of the Fiscal Year for which the Service Charge is imposed. Until fully paid and discharged or barred by law, said Service Charges shall remain - liens equal in rank and dignity with the lien of County ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in, to or against the Improved Real Property involved. 9.07 Unpaid Service Charges shall remain and constitute liens against such parcels of Improved Real. Property within the District from the -15- first (1st) day of October of the Fiscal Year for which the Service Charge is imposed until paid. 9.03 If any Service Charge becomes delinquent by not being fully paid by the first (1st) day of April of the Fiscal Year for which the Service Charge is imposed and remains delinquent, the Resource Recovery Board upon receipt of the list of outstanding and uncollected Service Charges for such Fiscal Year from the Tax Collector under the provisions of Section 10 of this Ordinance shall cause to be prepared a Notice of Lien containing the amount of the delinquent Service Charge including the amount of the initial penalty as provided in Section 8 of this Ordinance, 7 legal description of the improved Real Property against which the lien is imposed and the name of the Owner of such Improved Real Property as indicated on the real property assessment roll maintained by the Property Appraiser of the County. Said Notice of Lien shall be recorded in the public records of Broward County, Florida. Section 10. COLLECTION OF SERVICE CHARGES; DISCHARGE OF RECORDED LIEN. 10.01 The Tax Collector is hereby vested with the power, and it shall be his duty, to collect payments of all current Service Charges from November 1 of the Fiscal year for which the Service Charge is imposed through the first (let) day of June of such Fiscal Year. The Tax Collector shall distribute the Service Charges collected during such period at least monthly as received by depositing the same with a bank depositary or deposi- taries for the account of the District as directed in the Rate Resolution. . -16- 10.02 The Tax Collector shall mail a second notice to all Owners of Improved Real Property who have not paid the applicable Service Charge prior to June 1 of each Fiscal Year. Such notice shall specify the amount of the Service Charge imposed on such Improved Real Property, shall advise the Owners of the initial penalty as provided in Section 8 of this Ordinance and shall advise such Owners when the Service Charge is delinquent and is subject to the additional penalties provided in Section 8 of this Ordinance. 10.03 On or before the thirtieth (30th) day of June of 'each Fiscal Year, the Tax Collector shall prepare a list of 'outstanding and uncollected Service Chargcs for such Fiscal Year and shall deliver such list to the Resource Recovery Board. Such list shall contain the amount of the outstand- ing Service Charge, a legal description of the Improved Real Property against which the Service Charge is imposed and the name of the Owner of such Improved Real Property as indicated on the real property assessment roll maintained by the Property Appraiser. 10.04 Upon the delivery of such list of outstanding and uncollected Service Charges, the duty of the Tax Collector to collect such Service Charges shall cease and, thereafter, all such outstanding Service Charges or liens may- be discharged and satisfied by payment to the Resource Recovery Board of the aggregate amount due for such outstanding Service Charge plus, when delinquent, the initial penalty plus the additional penalties provided in Section 8 of this Ordinance, together with an additional sum to cover the cost of recording and the total amount due, plus penalties; for any prior Service Charge or lien for such Improved Real Property that -17- remains outstanding and unpaid. When any such lien or liens has been fully paid and discharged, the County Administrator shall properly cause evidence of the satisfaction and discharge of such lien to be provided. Said lien or liens shall not be assigned by the County to any person. Section 1'i. ENFORCEMENT OF DELINQUENT SERVICE CHARGES. 71.01 Delinquent Service Charges subsequent to the date of the recording of the Notice of Lien provided for in Section 9 of this Ordinance shall constitute, until paid and discharged, a lien upon such Improved Real Property which must be satisfied by payment, together with all accrucd penalties plus costs and reasonable attorney's fees, at the time such Improved Real Property is sold by the Owner thereof or the title thereto is otherwise conveyed or transferred to another person in accordance with law. Section 12. CERTIFICATION TO TAX COLLECTOR OF RATE RESOLUTION; CALCULATION OF 12.01 Upon adoption of the Rate Resolution as provided in Section 7 of this Ordinance, the Resource Recovery Board shall forthwith deliver a certified copy thereof to the Property Appraiser. Based upon the Rate Resolution, the Property Appraiser shall prepare a Service Charge Roll for the District. Such Service Charge Roll shall contain a summary description of each parcel of Improved Real Property within the District on the first (1st) day of January prior to the Fiscal Year for which the Service Charge is to be imposed, the name and address of the Owner(s) of each such --18- parcel, the rate classification applicable to each parcel of Improved Real Property as specified in the Rate Resolution and the amount of the Service Charge applicable to each parcel of Improved Real Property. The summary description of each parcel of Improved Real Property shall be in such detail as to permit ready identification of each parcel on the real Property assessment roll. The information specified above to be included in the Service Charge Roll shall conform to that maintained by the Property Appraiser on the real property assessment roll. 12.02 In the event any classification of Improved Real Property designated In the Rate Resolution requires an individual calculation of a Service Charge, the Property Appraiser shall calculate and determine such Service Charge. 12.03 Upon the completion of the preparation of the Service Charge Roll, the Resource Recovery Board shall at any regular or special meeting, review the Service Charge Roll prepared by the Property Appraiser for preparation in conformity with the Rate Resolution. The Resource Recovery Board shall make such changes or additions as necessary to conform such Service Charge Roll with the Rate Resolution. If upon the completion of such review, the Resource Recovery Board shall be satisfied that the Service Charge Roll has been prepared In ..onformity with the Rate Resolution, it shall ratify and confirm such Service Charge Roll and certify the Service Charge Roll to the Tax Collector for collection. 12.04 On or before October 1 of the Fiscal Year for which the Service Charge Roll is imposed, the Resource Recovery Board shall cause to _19_ be prepared an Addendum to the Service Charge Roll containing arty parcels of Improved Real Property not incorporated into the Service Charge Roll but constituting Improved Real Property on the first (1st) day of January prior to the Fiscal Year for which the Service Charge is to be imposed. Included in such Addendum shall be any change in the information specifier! for Each parcel of property on the Service Charge Roll. Such Addendum to the Service Charge Rolf shall contain such information as required in this Ordinance for the Service Charge Roll and shall be certified in the manner provided in this Ordinance for the Service Charge Roll. 12.05 The County Administrator in cooperation with the Tax Collector and the Property Appraiser shall cause the information contained in the Service Charge Roll and the Addendum thereto, if any, to be incorporated into the data processing file maintained by the County so that the applicable Service Charge can be identified for each individual parcel of Improved Real Property specified on the real property assessment roll maintained by the Property Appraiser. Section 13. BILLING BY TAX COLLECTOR; DELIVERY OF REPORT ON DELINQUENT SERVICE CHARGE. 13.01 The Tax Collector shall mail, to each Owner of Improved Real Property included on the Service Charge Roll and Addendum. if any, a notice of the amount of the. Service Charge imposed on such Improved Real Property and advising the Owner of the discounts for early payment. 13.02 Nothing contained in this Ordinance shall be construed or interpreted to preclude the Resource Recovery Board from submitting, within its discretion, a separately prepared notice of the Service Charge imposed on certain Improved Roal Property to the Owner of such Improved Real Property, if in the opinion of the Resource Recovery Board, such procedure will facilitate the billing and collection of such Service Charges. Section 14. CORRECTION OF ERRORS AND OMISSIONS; PETITION TO RESOURCE RECOVERY BOARD. 14.01 No act of omission or commission on the part of the Property Appraiser, Tax Collector, Resource Recovery Board, County Administrator, or their deputies or employees, shall operate to defeat the payment of the Service Charge imposed by the Resource Recovery Board under the provi- sions of this Ordinance, provided, however, that any acts of omission or commission may be corrected at any time by the officers or party responsible for them in like manner as provided under this Ordinance for performing such acts in the first place, and when so corrected they shall be construed as valid ab initio and shall in no way affect any process by law for the enforcement of the Service Charge imposed under the provisions of this Ordinance. 14.02 The Resource Recovery Board shall have the authority, at any time, upon its own initiative or in response to a petition from any affected Owner of Improved Real Property , to correct any error of nmission or com- mission in the adoption of oily Service Charge Roll or Addendum thereto, if any, or in the implementation of this Ordinance, including but not limited to, an error in including any real property on such Service Charge Roll when such real property is not Improved Real Property within the scope of ma© this Ordinance, any error in the calculation of the Service Charge imposed against any parcel of Improved Real Property and any error in the classi- fication of any Improved Real Property based upon the classifications established in the Rate Resolution and certify such corrections to the Tax Collector for collection. 14.03 Any Owner of real property may petition the Resource Recovery Board to correct any asserted error of omission or commission in relation to his property in the adoption of the Service Charge Roll or any Addendum thereto or in the implementation of this Ordinance by filing with the Resource Recovery Board a written petition containing the name of the Owner, a legal description of the real property affected, a summary description of the asserted error and the relief requested of the Resource Recovery Board. The Resource Recovery Board may establish a reasonable fee for filing such a petition. Such petition shall be considered by the Resource Recovery Board at any regular or special meeting and certify such changes and corrections to the Tax Collector for collection. • The Resource Recovery Board may appoint special masters to consider and make recommendations to it concerning the merits of such petitions. Section 15. FAILURE TO INCLUDE IMPROVED REAL. PROPERTY ON SERVICE CHARGE ROLL. 15.01 When it shall appear that any Service Charge might have been imposed under the provisions of this Ordinance against any parcel of Improved Real Property, but such parcel of Improved Real Property was omitted from the appropriate Service Charge Roll, or any Addendum thereto, -22- the Resource Recovery Board may, by resolution, impose the applicable Service Charge fur the Fiscal Year in which such error is discovered plus the applicable Service Charge for the prior two (2) Fiscal Years if such Improved Property was subject to a Service Charge for each such prior two (2) Fiscal Years and certify such changes and corrections to the Tax Collector for collection. Changes under this section shall be certified by the Resource Recovery Board to the Tax Collector for collection. Such total Service Charges shall become delinquent if not fully paid upon the expiration of sixty (60) days from the date of the adoption of said resolution and upon becoming delinquent shall be subject to the penalties and interest for delinquent Service Charges as provided in Section 8 of this Ordinance. Such total Service Charges shall be subject to a discount for early payment of four percent (11%) if paid within thirty (30) days from the date of the adoption of said resolution.' The discount provided in this section shall be the total discount applicable to such Service Charges and the discounts for early payment provided in Section 8 of this Ordinance shall not be applicable to such Service Charges. 15.02 The total amount of such Service Charges shall constitute, and are hereby imposed, as a lien against such Improved Real Property as of the first (1st) day of October of the Fiscal Year in which such resolution is adopted by the Resource Recovery Board. -23- Section 16. SERVICE CHARGE TO GOVERNMENTAL AGENCIES. 16.01 All governmental agencies owning Improved Real Property within the District shall pay the Service Charge imposed under the provisions of this Ordinance under the applicable classification specified in the Rate Resolution adopted under the provisions of Section 7 of this Ordinance. 16.02 The discounts for early payment provided for in Section 8 shall be applicable to the Service Charge imposed against Governmental Agencies owning Improved Real Property. 16.03 The Resource Recovery Board shall have the authority to enforce the collection of any delinquent Service Charge by the institution of an appropriate action against the Governmental Agency in a court of competent jurisdiction for a judgment for the amount due under such Service Charge, including all penalties, plus costs and a reasonable attorney's fee. 16.04 The provisions of Sections 9 through 11 of this Ordinance shall not be applicable to the Service Charge imposed against Improved Real Property owned by any Governmental Agency. Section 77. APPLICABILITY OF SERVICE CHARGE TO LEASEHOLD INTERESTS IN IMPROVED REAL PROPERTY OWNED BY GOVERNMENTAL AGENCIES; ANb TO IMPROVED REAL PROPERTY LEASED BY A GOVERNMENTAL AGENCY. 17.01 The provisions of this Ordinance and the Service Charge imposed by the Resource Recovery Board shall be fully applicable to the lessee of any leasehold interest in Improved Real Property owned by a -24- Governmental Agency. As to such leasehold interests, the provisions of Sections 9 through 11 of this Ordinance Shall be construed to Create a lien for such Service Charge oil such leasehold only and such lien shall rot attach to the Improved Real Property. 17.02 The provisions of this Ordinance, including, but not limited to the provisions of Sections $ through 11, and the Service Charge Imposed by the Resource Recovery Board shall be fully applicable to the private Owner of any Improved Real Property leased to a Governmental Agency. Section 18. DISCRETION OF RESOURCE RECOVERY SOARD TO EXCLUDE CERTAIN AREAS. 18.01 The Resource Recovery Board shall have the power each year to exclude all Improved Real Property in certain areas of the District from the Service Charge Roll and any Addendum, if any, and the imposition of the Service Charge imposed by the provisions of this Ordinance. Such power shall be exercised within the discretion of the Resource ' Recovery Board by the adoption of a resolution specifically describing those areas to - be excluded based upon a consideration of the following factors: (a) The remoteness of the excluded area renders it impractical for Improved Real Property located within the excluded area to dispose of solid waste at the Resource Recovery System; (b) The existing land use of the excluded area is agricultural or low density development; (c) The applicable land use plan of the County designates the existing and projected land use of the excluded area as agricultural or low density development; -25- (d) The excluded area is not in close proximity to areas designated on the applicable land use plan as residential and commercial uses; and (e) The existing use of the excluded area cannot be anticipated to change within the near future. Section 19. APPLICABILITY OF SERVICE CHARGE TO TAX-EXEMPT IMPROVED REAL PROPERTY. 19.01 The exemption of property from taxation under Chapter 196, Florida Statutes, or any other law or constitutional provision shall not relieve the Owner of any Improved Real Property in the District from the provisions of this Ordinance or from the imposition by the Resource Recovery Board of the Service Charge applicable to such Improved Real Property as specified in the Rate Resolution adopted under the provisions of Section 7 of this Ordinance. The provisions of this Ordinance, including, but not limited to the provisions of Sections 8 through 11, and the Service Charge imposed by the Resource Recovery Board shall be fully applicable to such Improved Real Property. Section 20. VACANCY ADJUSTMENT FOR COMMERCIAL_ IMPROVED REAL PROPERTY. 20.01 An Owner of Commercial Improved Real Property shall be entitled to an adjustment for the Service Charge to be assessed against such Commercial Improved Real Property if the same is vacant on the first (1st) day of September prior to the Fiscal Year in which the Service Charge is assessed and if the same was vacant continuously and uninterruptedly for the entire six (6) calendar months preceding the first (1st) day of September of such year. -26- 20.02 In order to be entitled to such adjustment, the Owner of such Commercial Improved Real Property shall file with the Resource Recovery Board a petition for an adjustment based upon such vacancy on or before the fifteenth (15th) day of September prior to the Fiscal Year in which the Service Charge is imposed. Such petition shall contain the name of the Owner, a legal description of the Commercial Improved Real Property affected, the street address of said property, the date said property last became vacant and the last use of said property prior to becoming vacant. The Resource Recovery Board may establish a reasonable fee for filing such a petition. Such petition shall be considered by the Resource Recovery Board at any regular or special meeting. The Resource Recovery Board may appoint special masters to consider and make recommendations to it con- cerning the merits of such petitions. The Owner of the Commercial Improved Real Property shall have the burden of proving that the Commer- cial Improved Real Property that is the subject of the petition was vacant on' the first (1st) day of September prior to the Fiscal Year in which the Service Charge is imposed and was vacant continuously and uninterruptedly for the entire six (6) calendar months preceding the first (1st) day of September of such year and shall submit with his petition evidence to establish such vacancy. 20.03 If the Resource Recovery Board shall determine that the Owner of such Commercial Improved Real Property is entitled to a vacancy adjustment as provided for in this Ordinance, such Commercial Improved Real Property shall be assessed for the next Fiscal Year the minimum Service -27- Charge for Commercial Improved Real Property as adopted in the Rate Resolution. 20.04 Such vacancy adjustment shall be effective for only one (1) Fiscal Year and the Owner of Commercial Improved Real Property shall have the burden of filing a new written petition with supporting evidence each year prior to the fifteenth (15th) day of September prior to the Fiscal Year in which the Service Charge is to be imposed. Failure of any Owner of Commercial Improved Real Property to file a written petition prior to the fifteenth (15th) day of September of each year shall result in the loss of such Owner of the privileges of this section and such Commercial Improved Real Property shall be assessed the applicable Service Charge against said Property without any adjustment for vacancy_ Any vacancy adjustment corrections shall be certified by the Resource Recovery Board to the Tax Collector for collection. Section 71. SEVERAB I LITY. 27 . of If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent juris- diction, then said holding shall in no way affect the validity of the re- maining portions of this Ordinance. Section 22. INCLUSION IN CODE. 22.01 It is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the _28- Broward County Code; and that the sections of this Ordinance may be renum- bered or relettered and the word "ordinance" may be changed to "section," "article," or such other appropriate word or phrase in order to accomplish such intentions. Section 23. EFFECTIVE DATE. 23.01 This Ordinance shall become effective as provided by law. ENACTED March 10, 1987 FILED WITH DEPARTMENT OF STATE March 16, 1987 EFFECTIVE March 19, 1987 STIIJ OF FLO[NDA } E-1��:CaY CE �:�Y'''_L`_.t:�:�;�+,i M_�•,^ :.spa ��= �::, G •: rr; it s-:"� .. VFM:ed �iril_�i�.'.a rr',J.I ��, :�:i ...._: r_,.�i I ZZ:2111/87 W4:ID EXHIBIT E ORDINANCE NO. AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF ORDINANCE NO. . r ADOPTED HY THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, ON , 1986 AND THEREBY EVIDENCING. TEE ELECTION OF THE CITY OF , FLORIDA, TO BECOME A MEMBER OF THE BROWARD SOLID WASTE DISPOSAL DISTRICT AND PROVIDING AN EFFECTIVE DATE. WSEIREAS, because of the contour, elevation and high ground water level of Broward Countyr Florida (the "County"), disposal of solid waste through means other than landfills has been encouraged; and WHEREAS, the Legislature of the State of Florida has discouraged the dumping or burying of solid waste matter and the use of sanitary landfills as the sole method of disposal of solid waste; and WEMF S, because of environmental concerns with utilizing of landfilling as the sole method of disposal of solid waste generated by the residents and visitors of the County, certain municipalities within the County and the County have sought a joint solution to such concerns; and WHEREAS, in furtherance of addressing the problems created by the disposal of solid waste, certain municipalities within the County (the "Contract Communities") have entered into an Interlocal Agreement, dated November 25, 1986 (the "InterlocaL Agreement"), with the County, which provides for, among other things, the disposal of solid waste within the Contract Communities and the unincorporated areas of the County; and WHEREAS, Section 5.1 of the Interlocal Agreement provides that there shall be created a special district pursuant to Section 125.01(5), Florida Statutes, which special district will be created by ordinance of the Board of County Commissioners of Broward County, Florida (the "Board") and approved by ordinance of each Contract Community; and WHEREAS, Section 125.01(5), Florida Statutes, further provides that within each special district there may be provided municipal services and facilities from funds derived from service charges, special assessments or taxes within the special district only. NOW, THEREFORE, be it ordained by the (governing body of Contract Community), Florida, that: Section 1. Findings. The findings set forth in the foregoing preamble to this Ordinance are hereby approved and confirmed. Section 2. Definitions. For the purpose of this ordinance, the definitions contained in the Interlocal Agreement shall apply unless otherwise specifically stated in this Section. When not inconsistent with the context, words used in the present tense -2- include the future, words in the plural number include th singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. (a) Contract Communities. The term "Contract Communities" shall refer to the municipal corporation or corporations existing under the laws of the State of Florida located within the County that from time to time enter into the Interlocal Agreement. (b) Couny. The word "County" shall refer to Broward County, Florida; a political subdivision of the State of Florida. (c) Interlocal Agreement. The term "Interlocal Agreement" shall refer to that certain Interlocal Agreement, dated November 25, 1986, by and among the County and the Contract Communities, as amended or supplemented from time to time pursuant to the provisions of the Interlocal Agreement. (d) Resource Recovery Board. The term "Resource Recovery Board" shall refer to the governing board of the Special District. (e) District. The word "District" shall refer to the Broward Solid Waste Disposal District created by the County I ' pursuant to Ordinance No. Section 3. A royal of Creation of District. (a) The creation of the District and the establishment of the Resource Recovery Board as the governing :WM board of the District and the terms and conditions of Ordinance No. , approved by the Board of County Commissioners oa 198_ are hereby approved thereby evidencing the election of the City of Florida to become a member of the District. (b) The Resource Recovery Board shall have such powers and rights as are granted to it pursuant to the Interlocal Agreement and ordinance No. adopted by the Hoard of County Commissioners on 198_. Section 4. Effective Date. This Ordinance shall become effective immediately upon compliance with any statutory requirements relating to notice and publication hereof. DONE AND ADOPTED in regular session this day 'of , 198 . By: -4- (GOVERNING BODY). Title: Page I of 2 EXHIBIT F County's Costs of Meeting its Disposal. nhli•aation IIndg� hg Ii1 ��,G2�' Z Aoreement 1. The Service Fees and other costs and Passthroughs (all as defined in the service agreements) to be paid by the County to the full service contractors under the service agreements. 2. Costs and expenses, including debt service, associated with the County providing contingency landfill facilities. 3. Reserves to be maintained by the County for contingencies and working capital shortfalls. 4. County administrative expenses, including, but not. limited to, expenses associated with the Resource Recovery Board, the retaining of special consultants, County staff and engineering support services and maintaining lands acquired by the County for environmental -mitigation purposes. Page 2 of 2 S. The tipping fee for processable waste specified in Section 6.2(a3 of the Agreement was based in part on the following assumptions being accurate as of the date that the initial northern and southern facilities begin operations.. a. Both the initial northern and southern facilities will be constructed with electrostatic precipitators meeting an outlet particulate loading of 0.02 gr/dacf at 1Z% COt_ No acid gas controls are assumed; b. The rate paid the northern and southern facilities full service contractors by the purchaser of electrical energy will be 60.0385 and 80.0531 per Kilowatt hour respectivelyr and a. The average annual interest rate on the Broward County Resource Recovery Revenue Bonds. Series 1004, is eight p*rcent. 6. Differences in the assumptions listed in paragraph S of this Exhibit F which increase the COUNTY's costs of meeting its disposal obligation pursuant to provisions of construction contracts and service agreements shall be considered in making the one time adjustment to the tipping fee for procsssable waste as specified in Section 6.2Cb) of the Agreement. EXHIBIT G F I R S T A M E N D M E N T I N T E R L O C A L A G R E E M E N T W I T H B R O W A R D C O U N T Y F 0 R S O L I D W A S T E D I S P O S A L S E R V I C E FIRST AMENDMENT This First Amendment dated for convenience October 1, 1992, to the Interlocal Agreement .with Broward County for Solid Waste Disposal Services, dated for convenience November 25, 1986, by and between BROWARD COUNTY, a political subdivision of the State of. Florida, by and through its Board of County Commissioners, ("COUNTY") and the Municipalities whose names appear in Exhibit "A" of the Interlocal Agreement ("CONTRACT COMMUNITIES"). W I T N E S S E T H WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the Broward Solid Waste Disposal. District and its Resource Recovery Board provide for a Materials Recovery Facility through the use of available funds including a surcharge on processible waste delivered to resource recovery system facilities. WHEREAS, the Florida Solid Waste Management Act (1988) directs Counties to reduce their solid waste stream and recycle designated materials; and WHEREAS, the COUNTY has secured from Srowning Ferris Industries, of Florida, Inc_, (BPI) a comprehensive proposal to construct, operate, and maintain a Materials Recovery Facility (MRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight (8) years. NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows: I. Except as may be provided in this First Pnendment, all defined terms used herein shall have the sane meaning as in the Interlocal Agreement. 2. Article 2, Definitions, shall be amended by the addition of new Sections 2.26, Materials Recovery Facility Contract and 2 _ 27 Materials Ro-covnry- Fani ]. -i_ry, reading as `ollows: 2.26. Materials Recovery Facility Contract. The term "Materials Recovery Facility Contract" shall mean the contracts entered into between COUNTY and Browning --Perris Industries, Inc_, dated for convenience September 1, 1992, for the purpose of ' designing, constructing, testing, operating, maintaining, and repairing a materials recovery facility or any other full service contractor for the purpose of designing constructing, testing, operating, maintaining, and repairing a materials recovery facility as a part of the resource recovery system. 2.27. Materials Recovery Facility. The term "Materials Recovery Facility" shall mean the facility or facilities constructed, operated, maintained and repaired or caused to be constructed, operated, maintained, and repaired by COUNTY pursuant to this Agreement for the purposes of receiving, processing, transferring, and shipping materials from solid waste segregation programs intended for -reuse or recycling. Materials Recovery Facilities shall be deeined tv be a part oP the resource recovery system for the term of the Materials Recovery Facility Contract. 3. Article 6, Tipping Fees and Service Charges, shall be amended by the addition of new. Sections 6.6 and 6.7 Processible Waste Tipping Fee Surcharge, reading as follows: 6.6 Materials Recovery Facility Funding. For the term of the Materials Recovery Facility Contract, the Resource Recovery Board shall designate funds to cover the cost of the Materials Recovery Facility including reasonable administrative cants_ Any future increase in funding costs (other than administrative costs) shall not exceed the proportionate increase provided in the Materials Recovery Facility Contract_ Funds may be drawn from, reserves, grant funds or a surcharge imposed on processible waste delivered to the resource recovery system, 6.7 Materials Recovery Revenues_ One hundred percent (100t) of all net revenues generated by the sale of the recyclable materials will be reimbursed to each CONTRACT COMMUNITY and the COUNTY on the basis of actual tonnage delivered to the Materials Recovery Facility by the respective party. Net revenues will be consistent with the terms of the Materials Recovery Facility Contract and refl,-r-t t'he relative composition of the materials delivered. In the event any non -contract community or 'other governmental entity enters into an agreement with COUNTY to use the MRF, all net revenues from such entity will not be calculated as part of this Agree -lent unless the entity executes an Agreement with the COUNTY which provides terms_ and conditions which would allow it to be considered a CONTRACT COMMTTN7TY for. MRF funding purposes only. FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE TN WTTNESS WHEREOF, t-he parties hpretn have made and axacutcd this Agreement on the respective dates under each signature: BROWARD COUNTY through its Board.of COUNTY COMMISSIONERS, signing by and through its Chair o Vice Chair,, au zed to execute same by Board . action on the day of r'19 q! )-, and the Contract Community signa.n by and through its duly authorized to execute same. ATTEST, oe C5uhty; Ac minwfi;txnzdx an Ex ofiicib"Cl�� of the of County'25-0mmissio�x's Browar Cod y0ou,IR-�Aida, C O U N T Y 01 BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS t day of Gil 19 q 3 Approved as to form by the office of County Attorney Broward County, Florida JOHN J. COFELAN, JR., County Attorne Governmental center, Suite 423 11.5 South Andreas Avenue Fort Lauderdale, Florida 33301 Telephone_ (305) 357--7600 Telecopier: (305) 357-7641 9L/ By NOES, M. PF,EFFER Deputy County Attorney FIRST AMENDMENT INTERLOCAL AGREEMENT WITH LROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE WITNESS ATTEST: CAL A. E 7k"Z C rt 1Y CL_.FF' ',K CONTRACT COMMUN I T Y CITY OF TAMUAC Name of Contract Community Hy , ayor Commissioner H L. H=ER 'y day of 1933 By,Q. UCity 2Sanage HN P . Y=Y day of Approvnas/r or ity Attorne CITY OF TA-MARAC raTa= S. KR= APPROVED AT MEETING OF 41 - a `� ,q NMP:dp 11/19/92 �92-14,3.07 SOLID.ILA 4 Exhibit H SECOND AMENDMENT I N T E R L O C A L A G R E E M E N T W I T H B R 0 W A R D C O U N T Y F O R S O L I D W A S T E D I S P O S A L S E R V I C .E SECOND AMENDMENT This Second Amendment dated for convenience March 1, 1993, to the Interlocal Agreement with Broward County for Solid Waste Disposal Services, dated for uuavenience November 25, 1986, by and between BROWARD COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, ("COUNTY") and the Municipalities whose names appear in Exhibit "A" of the Interlocal Agreement ("CONTRACT COMMUNITIES"). W I T N E S S E T H WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the Broward Solid Waste Disposal. District and its Resource Recovery Board provide for a Household Hazardous Waste Program throuytx the use of available funds including a surcharge on processible waste delivered to resource recovery system facilities. WHEREAS, the Florida Solid waste Management Act (1988) directs Counties t❑ reduce their solid waste stream and recycle designated materials and remove hazardous substances from the waste stream. NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows: 1. Except as may be provided in this Second Amendment, all defined terms used.herein shall have the same meaning as in the. Interlocal Agreement. 2. Article 2, Definitions, shall be amended by the addition of new Section 2.28, Household Hazardous Waste Facility, reading as follows: 2.28 Household Hazardous waste Facility. The term "Household Hazardous Waste Facility" shall mean the facility or facilities constructed., operated, maintained and repaired or caused to be constructed, operated, maintained, and repaired by COUNTY pursuant to this Agreement for the purposes of receiving, processing, transferring, and shipping materials :From Household Hazardous Waste programs intended for reuse, recycling or proper disposal.. Household Hazardous Waste Facilities shall be deemed to be a part of the resource recovery system. 3. Article 6, Tipping Fees and. Service Charges, shall, be amended by the addition of new Section 6.8, 'reading as follows: 6.8 Houselluld Hazarcluias Waste rutlai ng . The Resource Recovery Board shall designate funds to cover the cost of the cost of the Household Hazardous Waste Facility including reasonable administrative costs. Funds may be drawn from reserves, grant funds or a surcharge imposed on processible waste delivered to the resource recovery system. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature- BROWARD COUNTY through its Board of C UNTY COMMISSIONERS, signing by and through its Chair or vice Chan authorized to ececute same by Board action on the 2 q day of , 19 i•�, and the Contract Community signing by and t ugh its duly authorized to execute same_ ATTEST: C O U N T Y BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS a52unt4y'ZZAd�xninjs'6ea-t-- and By Ex officio Clerk of the Board chair of County Comxnissianers,.,sof'°"'=F�:; _. r Broward County, Florid K? ` _• . day off ; 19 Approved as to form by the ` Office of County Attorney groward County, Florida ..,i7OHN J. COPEIAN, JR., County Attorney 'Governmental. Center, Suite 423 115 South AndrewS Avenue •` Fort Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 BY- Ili` _ _..._ NOEL M. PFEFFER� Deputy County Attorney RPM e-qi3-(moo SECOND AMENDMENT INTERLOCAL AGREEMENT WITH FROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE WITNESS ATTEST: O N A C I C O M M N I T Y C s�•,� C\�E � CITY OF TAMARAC APPROVED AT MEETING OF 5-0-4 cz- =� 3 NY-P : dp 4/5/93 /92-143.07 SOLID.IL3 -3- o d -�,& c Name f Contract Community By G, ayo 4-Cof�mm:-fm�lssiio�ner �-1• l_ • Be�de.� 3 day ' ity Mana er day of prov d t for City Attorn EXHIBIT I THIRD AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE This Third Amendment dated for convenience March 1, 1993, to the Interlocal Agreement with* Broward county for Solid Waste Disposal Service, dated for convenience November 25, 2986, and the First Amendment thereto, dated for convenience October 1, 1992 (the "Interlocal Agreement"), is grade and entered into by and between: BROWARU COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and the municipalities whose names appear in Exhibit "'A" of the Interlocal Agreement ("CONTR)LCT COMMUNITIES") . WITNESSZTH . WHEREAS, the League of Cities, on behalf of several CONTRACT COMMUNITIES has requested that the COUNTY agree to certain changes to the Interlocal Agreement as more ispecif icatlly 'described in this Third Amendment; and WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the Interlocal Agreement in accordance with the terns of this Third Amendment for the purpose of: (i) recognizing certain outstanding indebtedness which has been issued to finance the Resource Recovery System, (ii) providing a definite term for the Interlocal Agreement, (iii) requiring approval of the CONTRACT COMMUNITIES in the event the COUNTY proposes any indebtedness which haFr a final maturity later than the term -of the Interlocal Agreement, and (iv) relieving the COUNTY of its obligations in the event the CONTRACT COMMUNITIES do not approve a request by the COUNTY for ouch indebtedness. NOR, THEREFORE, IN CONSIDERATION Or the mutual terms, conditions, promises, covenants and payments hereinafter not forth, the parties agree as follows: 1. Article 16. Duration, shall be amended to read as follows: 16.1 This Agreement shall be effective for each CONTRACT COMMUNITY and unincorporated COUNTY from the date of execution until July 2, 2013. 16.2 The term of this Agreement shall be extended beyond the term provided in section 16.1 to the date of the final maturity of any indebtedness issued by the COUNTY With respect to the Resource Recovery System if approved in accordance with Section 12.6, COUNTY. shall timely.make the Board aware of any proposed indebtedness to be issued by the COUNTY with respect to the Resource Recovery System for the purpose of receiving input and information rrom the Board. Subject to the requirements of this section, the COUNTY shall be the final authority to determine whether to proceed with the issuance or any indebtedness with respe6t to the Resource Recovery System. 16.3 In the event the COUNTY determines that In order to perform any of its obligations under this Agreement, it is necessary to incur any indebtedness suppbrted by any legally available funds of the Resource Recovery System with a final maturity date After July 2, 2013, and the COUNTY is unable to obtain approval to extend the term of Chia agreement in connection with indebtedness to be incurred as required by Section 1.6.2, then in such event and subject to the terms of Section 16.4, the COUNTY shall be fully and co,"lwtely excused and relieved from performing any of Its obligations under this Agreement which cannot be performed as a result of the failurs to agree to an extension of the term of the Agreement. 16.4 The parties acknowledge the existence of the following indebtedness issued to finance. the Resource Recovery System; $238,935,000 Broward County, Florida, Resource Recovery Revenue Bonds, Series 1984 (Broward Waste Energy Company, L. P. North Project), $266,965,000 Broward County, Florida, Resource Recovery Revenue Bonds, Series 1984 (SES Broward Company, L. P. South Project), $48,140,000 Broward County, Florida, Solid Waste System Revenue Bonds, Series 1993A, $15,605,000 Broward. County, Florida, Solid Waste Systems Revenue Bonds, Series 19938, and *12,175,000 Broward County, Florida, Solid Waste System Revenue Bonds, Taxable Series 1993C, (collectively referred to as the "Outstanding Indebtedness"). Notwithstanding any term or condition of the Third Amendment to the contrary, the parties acknowledge that nothing herein shall excuse or relieve the COUNTY from taking any action or performing any act required to fulfill the obligations, representations, and covenants of the COUNTY with respect to the Outstanding xndebtednsss and any agreements, contracts or other documents related to the outstanding Indebtedness. it is the understanding and -2 - intent of the parties that the Third Amendment shall in no way interfere, limit or otherwise adversely affect in any manner any of the obligations of the COUNTY and CONTRACT COMMUNITIES with respect to the outstanding Indebtedness and any agreements, contracts or other documents related to the Outstanding Indebtedness. 2. Except an modified herein, the Intarlocal agreement axong the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have made and executed thin Agreement on the respective dAtes under each mignatura: SROWARD COUNTY through its BOARD OF COUNTY CciMISSIONER6, signing by and through its chair or Vice Chai uthorixed to execute same by Board action on the &e2 day of , n-9 eL, and the CONTRACT COMMUNITIES sign g by and rough is , duly authorized to execute satme. ATTEST: A m nistrat:or and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida -3- BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS B Chair . # duty of 19�. Approved as to form by Office of County Attorney 5roward County, Florida JOHN J. COPELAN, JR. , County Attorney Governmental center, Suite 423 215 South Andrews Avenue Fort Lauderdale, Florida 33302 Telephone: (305) 357-7600 Telecopier: (305) 357-7641 i By NOEL H. PFEFFER Deputy County Attorney 40 • THIRD AMENDMENT YNTERLOCAL AGREEMENT WITH HROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE WITNESS ATTEST: CITY OF TAMA.RAC APPROVED AT MEETING OF ( 0 NMP:dp 4/20/93 192-237 RRS.A01 Name of Contract Coi;un ty By yor .' Commiseloner H . t__.. - l - day of 1923 28 z 1 C ty managerl day of0',�,-,, ��) c) Approved a to City AtC rnayl- EXHIBIT J FOURTH AMENDMENT YNTERLOCAL AGREEMENT WITFI BROWARD COUNTY FOR SOLID, WASTE DISPOSAL SERVICE FOURTH AMENDMENT This 'Fourth Amendment dated for convenience October 1, 1994, to the Interlocal Agreement with Broward County for Solid Waste' Disposal Service, dated for convenience November 25, 1986, and the Amendments thereto (the "Interlocal Agreement"), is made and entered into by and between: BROWARD COUNTY, a political subdivision of the state of Florida, hereinafter referred to as "COUNTY," and the Municipalities whose names appear in Exhibit "All of the Interlocal Agreement ("CONTRACT COMMUNITIES."). W I T N E S S E T H WHEREAS, the Interlocal Agreement currently provides that the COUNTY shall be responsible for providing al.l administrative staff support, special consultants, and legal counsel- required for the operation of the .resource recovery system; and WHEREAS, the Resource Recovery Board has requested that an amendment to the Interlocal Agreement be prepared to authorize the Broward Solid Waste Disposal District, acting through its Resource Recovery Board, to hire an executive director and legal counsel, who would report directly to the Board, and provide advice and counsel on resource recovery system matters; and WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the Interlocal Agreement in accordance with the terms of this Fourth Amendment; NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the parties agree: as follows: 1. Article 5_6, shall be'amended-to read as follOWS: 5.6 The Resource Recovery Board shall be responsible for, and have the power and authority to hire and employ an executive director and legal counsel who shall report to, advise, and perform services requested by the Board on matters relating to the resource recovery system. It is the intent of the Resource Recovery Doard to hire an executive director and legal counsel in place of the current COUNTY staff, and the COUNTY is specifically released from the responsibility to provide persons to perform these functions. The Resource Recovery Board shall further have the authority to hire special consultants in those instances where it requires special expertise. The COUNTY, an behalf - of the Resource Recovery Board, shall be .responsible for, and have authority to pay all expenses and costs incurred by the executive director including, but not limited to, office space, supplies, and other necessary expenses, in accozdance with law. The COUNTY shall coritinue to perform those functions and provide those services which are required to be performed by COUNTY pursuant to the terms of the Interlocal Agreement and the Service Agreements_ The expenditures .for hiring personnel as well as the other expenditures referred to in this Section 5.6 shall be deemed a public purpose and shall be included in the fees and services charges set forth in Article 6. 2 _ Except as modified herein, the interlccal Agreement among the parties shall remain in full force and effect. 124 WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the 'respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chair oTQvice Chair /autha ized to execute same by Board action on the day of 1 /G and the CONTRACT COMMUNITIES si� ing by aner't'Pugh its , duly authorized to execute same. ATTEST: Ex -Of ficio the Board Commission County, F14 inistrato „e nd Cl eri�p+'gew r •,.5: 06105. of •.•e•• �x+ ero'.•$rowaa=tl CO'CTNT BROWARD COUNTY, through its BOARQ OF COUNTY COMMISSIONERS By � In day Approve" td form by • �7."�'• �= ;Office of County Attorney ;'�' Bxoward County, Florida x ;o� {;8 JOHN J. COPELAN, JR., County Attorney • °�s;r� `,r_.'.:��•` Governmental Center, Suite 423 115 South Andrews Avenue �'•«e�v�sers°�:` Fort Lauderdale, Florida 33301 Telephone. (305) 357--7500 Telecop"er: (305) 357-7641 By CW= NOEL M. PFEFFER Deputy. County Attorney FOURTH AMENDMENT TO INTERLOCAT_ 0 LID WASTE DISPOSAL SERVICE WITNESS ATTEST: rol A. Evans City Cleric N" : dp 1/12/96 #93-1.37.04 RRS . AO .'XREEMENT WITH 8R0W:,.<<, COUYTY FOR CON CT COMMUNITY Name of Contract Community By Mayor - CommiS� nGr Norman Abramowl4_ 6,11 day of Y �Vaw /, 8y` City Manager Robert S. Noe, Jr. Lo day of )C(?, rJ, 19.M A/ppr /as to arm: �f L - .. City At ne Mitchel S.-Kraft EXHIBIT K FIFTH AMENDMENT This Fifth Amendment dated for convenience May 21, 1999, to the Interlocal Agreement with Broward County for Solid Waste Disposal Services.("Interlocal Agreement"), dated for convenience November 25, 1935, by and between Broward County, a political subdivision of he State of Florida, by and through its Board of County Commissioners, ("COUNTY") and he Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES"), WITNESSETH WHEREAS, the Interlocal Agreement was entered Into, In part, based upon enabling legislation contained in Section 403.713, Florida Statutes, which specifically' authorizes local governments to enact °flow control" ordinances to ensure that the Resource Recovery System receives an adequate quantity of solid waste. In reliance on this law, the County and twenty-four Contra,-t Communities within the County agreed to enact a waste flow control ordinance; and WHEREAS, in 1994, the U.S. Supreme Court decided the case of C & A Carbone, Inc. v. Town of Clarkstown, which held that a local flow control ordinance that required all local waste to La processed at a single designated facility effectively prohibited export of waste beyond state lines without the initial local processing, thereby discriminating against interstate commerce and was, therefore, a violation -of the Commerce Clause of the U.S. Constitution; and WHEREAS, -as a result of the Carbone legal decision and other similar decisions which have followed, including the most recent ruling in the case of Coastal Carting, Ltd., Inc. v. Broward County, Florida, et al., the ordinances of the County and the partner Cities must be amended, in order to exclude solid waste destined for out of state disposal. It is the intent of this amendment to require the parties to the Interlocal Agreement to conform the laws and rules governing the Broward Solid Waste Disposal District to -the case law regarding flow control and to remove all barriers, restriction, impediments and regulations of whatever nature from any solid waste generated in Broward County which is destined for disposal outside of the State of Florida, consistent with the flow control ordinances of other jurisdictions which have withstood constitutional scrutiny by providing this exclusion. NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows; 1 _ Except as may be provided in this Fifth Amendment, all defined terms used herein shall have the meanings ascribed to them in the Interlocal Agreement. 2. Article 3, Section 3.3 shall be amended as follows: 3.3 Each CONTRACT COMMUNITY and COUNTY for the unincorporated area agrees to enact prior to March 31, 1987, a waste flow control ordinance as set forth in Section 403.713, Florida Statutes (as may be amended from time to time), directing that all solid wastc gcncrcated within their respcctivo geographic boundaries be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operations. The solid waste flow control ordinance shall be substantially in The form of Exhibit C attached hereto and made a part hereof. Each party agrees to include in any contract or contract amendments with haulers executed after the date of execution hereof, a provision that all solid waste shall'be delivered to the resource recovery system transferor disposal facility or facilities designated in the plan of operations and to enforce such provision with an exception for any waste generated in Broward County which is shown to be destined for transportation to any. destination outside of the State of Florida based upon a sworn affidavit of a hauler delivered to the County reciting facts which evidence the transportation and disposal of waste outside the State of Florida is excluded from this requirement. The COUNTY shall be a thud party beneficiary of such enforced provision. 3. Except as modified herein, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WIIEREOF, the parties have hereto made and execute this Agreement on the respective dated under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, SIGNING BY AND THRQUGH ITS Chair or Vice Chair, authorized to execute the same by Board action of the � day of u-. , 1999, and by the CONTRACT COMMUNITIES signing by and through official(s) duly authorized to execute the same. COUNTY ATTEST. BROWARD COUNTY, through its BOARD OF ,......7, COUNTY COMMISSIONERS County Administrator and Ei-701fici60";2 k ? Chair J, Clerk of the Board of Countjc_ yY-;.. :�3 day of_v�.rl�__ jg Commissioners of Broward County;" Florida Approved as to form by Office of the County Attorney 115 south Andrews Avenue Fort Lauderdale, Florida 33301 Noel M. Pfeffer Deputy County Attorney Exhibit L SIXTH AMENDMENT This Sixth Amendment dated as of &f�l - I ? 2001, to the Interlocal Agreement with Broward County for Solid Waste Disposal Services ("Interlocal Agreement"), dated for convenience November 25, 1985, by and between Broward County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, ("COUNTY") and the Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNrMS"). WiTNESSETH WHEREAS, the issuance of the $175,665,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Wheelabrator South Project, Inc.); $9,330,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001B (Taxable) (Wheelabrator South Project, Inc.); $150,700,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Whc.clabrator North Project, Inc.); and $8,000,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001B (Taxable) (Wheelabrator North Project, Inc.) has resulted in a savings to the Resource Recovery System; and WHEREAS, said savings is realized as a credit to the Resource Recovery System, since it serves to lower the cost of the operation of the System; and WHEREAS, the Resource Recovery Board desires to pass this savings to the Contract Communities, in an amount which reflects each Contract Community's contribution to the Resource Recovery System; and WHEREAS, in order to return excess funds to the Contract Comunities, a mechanism must be established, which requires an amendment to the Interlocal Agreement; NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows: 1. Except as may be provided in this Sixth Amendment, all defined terms used herein shall have the meanings ascribed to them in the Interlocal Agreement. 2. A new section 6.6 sl:iall be added to the Interlocal Agreement and shall read as follows: 6.6 Nothwithstanding anything contained herein to the contrary, beginning in Fiscal Year 2001, and for the remainder of the term of the Bonds (as defined herein) revenues which are a result of a savings in debt service attributable to the issuance of the $175,665,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Wheelabrator South Project, Inc.); $9,330,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001B (Taxable) (Wheelabrator South Project, Inc.); $150,700,000 Broward County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Wheelabrator North Project, Inc.); and $8,000,000 Broward County, Florida Resource Recovery FIFTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE CONTRACT COMMUNITY Joe Schreiber, -Mayor WITNESS City of Tamarac ATTEST: Approved as to form: % I City �jtbrney C� Name of Contract Community r By -3 / day of a u c c _- 7—, 1999 Refunding Revenue Bonds, Series 2001B (Taxable) (Wheelabrator North Project, Inc.) (collectively, "Bonds"), shall be distributed, no more than quarterly, to the Contract Communities in a pro rata amount which represents each Contract Community's tonnage contribution of Processable Waste to the Resource Recovery System. 3. Except as modified herein, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto made and executed this Agreement on the respective dates under each signature: BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, SIGNING BY AND ,,THROUG ITS�air or Vice Chair, authorized to execute the same by Board action of the ��day of , 2001, and by the CONTRACT COMMUNITIES signing by and through official(s) duly uthorized to execute the same. ATTEST: �r Co ty Administrator and x- icio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to form by Office of the County Attorney 115 South Andrews Avenue Fort Lauderdale, Florida 33301 B LAU Noel M. Pfeffer Deputy County Attorney COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS 4 C7 B: Chair day of , 200t- SIXTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE CONTRACT COMMUNITY ATTEST: Marion Swen on, CMC City Clerk Date: CITY OF TAMARAC By: Jae Schreiber, Mayor Date: 0 i l By: Z.. Jeffr L. Miller, City Manager Date: ' Apprg,xfedfs Su cienc Mi1ot`iell S. Kraft, (CityAttorney Date: 9 - I q -1) l EXHIBIT "B" CITY OF TAMARAC PERFORMANCE STANDARDS Commercial Container Collection (a) Container Sizes available: Based on General Industry Standards (b) Schedules Available: Six times weekly (for food establishments), or minimum of once per week (See Section 19.2 (a) & (b) of Tamarac City Code for further details). (c) Hours of Operation: See Section 9.86 through 9.91 of Tamarac City Code (d) New Service: A listing will be maintained in the Yellow Pages. (e) Blocked Containers: If access to a container or the equipment is blocked to prohibit the collection or interfere with collection in any manner, customer will be notified and one additional attempt for collection shall be made by the Company's vehicle within a reasonable time period. (f) Overfilled Containers: Container will not be emptied if a safety hazard exists. Customer will be contacted to remove excess. The pickup will be rescheduled when excess refuse has been removed. (g) Container Maintenance: Containers that have been damaged will be exchanged or repaired within 5 working days of notification. If the damage is not due to servicing or a defect in materials and workmanship, a fee will be charged to the customer. The amount will depend on the repairs needed. All containers will be exchanged or maintained at no greater than 24 month intervals to maintain a good appearance considering type of refuse generated, normal wear and weathering. If an unsightly condition develops due to fire, paint or other causes beyond the control of the Contractor, the container will be exchanged upon the request of the customer. (h) Odor and Insect Control: The customer will be responsible for odor and insect control in and around containers. (i) Non -Payment: Customers will be notified in writing no more than 45 days past due. If unpaid after 60 days, customer will be notified in writing that service is being suspended until account is paid in full. Notification will be sent to the City of Tamarac's Code Enforcement Division. 0) Weight: Customer shall not overload containers in excess of the acceptable industry standards. Contractor may charge customers for extra trips or waiting time caused by such overloading. If customer refuses to remove such material, company or company's agents may remove such material. 2. General (a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday. (b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas. Pickups scheduled for these days will be omitted. (c) Weather permitting, all vehicles used by the Contractor shall be washed one time per week. (d) The Franchise Collector shall preserve from damage all property along the route of the Collection Services, or which is in the vicinity of or is in any way affected by the performance of the Collection Services. This applies, but is not limited, to the public utilities, trees, lawn areas, building monuments or markers, fences, pipe, and underground structures, public streets, (except natural wear and tear of streets resulting from legitimate use thereof by the franchise collector), and wherever such property is damaged due to the activities of the Franchise Collector, it shall be restored, within a reasonable period of time to, its prior condition by the Franchise Collector at its own expense. The franchise collector shall act in good faith. 29 EXHIBIT "C" KEEP TAMARAC BEAUTIFUL PROGRAM The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program. *Educating and involving citizens, businesses, community organizations and government in responsible voluntary actions that will influence citizen participation in promoting a cleaner, safer, healthier, and more beautiful community. *Studying, investigating and developing plans for the cleanliness of the City. *Furthering the advancement of geographical recycling through education, promotion, solicitation of funds and implementation of facilities and programs on the local level. *Soliciting and accepting donations and appropriations of monies, services, products, property, facilities and disbursement of said funds for the accomplishment of the objectives of this program. Kok; EFFECTIVE DATE: October 1, 2003 Bond No. 45020398 KNOW ALL MEN BY THESE PRESENTS, that we Southern Waste Systems, LLC, as PRINCIPAL, and Greenwich Insurance Company , as SURETY, are held and firmly bound to City of Tamarac, Florida, as OBLIGEE, in the amount of TWO THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ( $2,500.00 ) for the payment of which the Principal and Surety, their heirs, executors, administrators, successors and assigns, hereby jointly and severally bound. WHEREAS, City of Tamarac, Florida requires the Principal to post a surety bond to insure that the Principal abide by the Contract with the City of Tamarac which requires that franchise fees be properly remitted to the City of Tamarac on a monthly basis. NOW, THEREFORE, the condition of this obligation is such, that if the Principal shall promptly pay all amounts which may be due by the Principal to City of Tamarac, Florida, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. PROVIDED, FURTHER, that regardless of the number of years this bond shall continue to be continued in force and of the number of premiums which shall be payable or paid, the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond. PROVIDED, FURTHER, that should the Surety so elect, this bond may be canceled by the Surety as to subsequent liability to give thirty (30) days notice in writing, by certified mail to City of Tamarac, Florida, at 6011 Nob Hill Road, Tamarac FL 33321-2401. SIGNED, SEALED AND DATED this loth day of October , 2003. S(n77thern_G,lastP_ Svste ms., TLC By:L. Title Countersigned: AA Florida Resident Agent Byz Attorney -in -Fact E . Timothy Kermeally No. G-60-180 GREENWICH INSURANCE COMPANY POWER OF ATTORNEY �iztait, a I ,men h-q these Vrrrimtis: that GREENWICH INSURANCE COMPANY, a Delaware corporation (the "Corporation"), with offices at 70 Seaview Avenue, Stamford, Connecticut, 06902, has made, constituted and appointed, and by these presents does make, constitute and appoint E. Timothy Kenneally, Lillian E. Boyd, Carol Kenneally,Eileen Dunham its true and lawful Attorney(s)-in-fact, at ... RggkVIN.le Centre . • • • in the State of ... New.York and each of them to have full power to act without the ether or others, to make, execute and deliver on its behalf, as surety or co -surety; bonds and undertakings' given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals, extensions, agreements, waivers, consents or stipulations relating to such bonds or undertakings provided, however, that no single bond or undertaking so made, executed and delivered shall obligate the Corporation for any portion of the penal sum thereof in excess of the sum of Five Million 5,000,000 Such bonds and undertakings ) ertakings for said purposes, when duly executed by said atorney(s)-in-fact, shall be binding upon the Corporation as fully and to the same extent as if signed by the President of the Corporation under its corporate seal attested by its Corporate Secretary. This appointment is made under and by authority of certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on the 20th day of December, 2002, a copy of which appears below under the heading entitled "Certificate This Power of Attorney is signed and sealed by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by Unanimous Written Consent an September 18,1997 and said resolution has not since been revoked, amended or repealed: RESOLVED, that in granting powers of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation at a meeting duly called and held on March 11, 1996; the signature of such directors and officers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signature or seal shall be valid and binding upon the Corporation in the future with respect to any band or undertaking to which it is attached. This Power of Attorney shall expire and all authority hereunder shall terminate without notice at midnight (Standard Time where said attorney(s)-in-fact is authorized to act). June 30.... , 20.04..... . 5 May IN VdJESS WHEREOF, the Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this ............ day of • 20 .......... at Stamford, Connecticut. (Corporate Seal) GREENWICH INSURANCE COMPANY ya K. le er;�,slstaetvvl- en Ro , .......By.. .... .. �! ce..ent :.. STATE OF CONNECTICUT ss: COUNTY OF FAIRFIELD 5 May 03 Mary A. Roddy On the.......... day of .......................... 20........ before me personally came............................................................................. ..... ..................... .:.. I ...... I ..................................................... to me known, who being by me duly sworn, did depose and say that (s)he resides 1n ... Norwalk,. CT .......................................... that (s)he is a .............. Vice. President ...............of GREENWICH INSURANCE COMPANY, the corporation described in and which executed the above instrument; that (s)he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that, it was so affixed by order of the Board of Directors of said corporation, and that (s)he signed his (her) name thereto by like order. (Notarial Seal)! .... anne M. Son Notary Public Greenwich CERTIFICATE My ommissio Aires 12/31/04 STATE OF CONNECTICUT ss: COUNTY OF FAIRFIELD I, Karen M. Manente .......1. .... the ......... Assistant Secretary of GREENWICH INSURANCE COMPANY, a Delaware corporation (the "Corporation"), hereby certify: 1. That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked, amended or modified; that the undersigned has compared the foregoing ropy thereof with the original power of attorney, and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2. The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on December 20, 2002 and said resolutions have not since been revoked, amended or modified` "RESOLVED', that each of the individuals named below is authorized to make, execute, seal and deliver for and on behalf of the Corporation any and all bonds, undertakings or obligations in surety or co-suietywith others: Laura A. Shanahan Sheila M. Kelly Mary A. Roddy Suraya K. Kieffer Lynn M. Petilli Sharon L. Sims and, - RESOLVED, FURTHER, that -each of the individuals named above is authorized to appoint attorneys -in -fact for the purpose of making, executing, sealing and delivering bonds, undertakings or obligations in surety or co -surety for and on behalf of the Corporation." 3. The undersigned Turther certifies that the above resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal this ..... • ..10th ......... day of ..... October. .. , • • .. , • • .. • . _ • . _ , • P0,0 ......... , (Corporate Seal) Karen M. Manente This Document is printed on colored bonded safety paper. Any reproductions are void. GREENWICH INSURANCE COMPANY STATE OF NEW YORK COUNTY OF NASSAU On this .....Ifth.... day of ....dct:ober 2003 before me, a Notary Public within and for ....... said County and State, personally appeared..E. Timothy__Kenneally........ to me personally known, who being duly sworn, upon oath, did say that he is the ... ttorney-in- Fact of and for the Greenwich Insurance Company, a corporation created, organized and existing under and by virtue of the laws of the State of California that the Corporate seal affixed to the foregoing instrument is the seal of said Corporation; that the seal was affixed; and the said Attorney-i n-Fact did acknowledge that he executed the said instrument as the free act and deed of said Corporation. [Seal] Notary Public WVD Navy Pubft fs (X Now VWk No. 01808MON oualif ed In Nasm County Commisolon expires BlOW20 4 .3 timiju c"il GREENWICH INSURANCE COMPANY STATUTORY STATEMENT OF ADMITTED ASSETS, LIABILITIES, CAPITAL AND SURPLUS December 31, 2002 Assets: Liabilities: Bonds 157,740,107 Loss & loss adjustment expenses 49,950,28T Stocks 81,488 Claims payable 10,819,211 Cash and short-term investments 71,721,350 Unearned premiums 10,785,071 Total Invested Assets 229,542,945 Funds held by company under reinsurance treaties 146,808,027 Other liabilities 68,029,235 Total Liabilities 286,391,831 Agents balances 24.598,951 Capital and Surplus: Funds held by or deposited 36,291,191 Common capital stock 3,558,100 with reinsured companies Gross paid in and contributed surplus 68,915,853 Accrued interest and dividends 1.639,482 Unassigned surplus (14,336,O45) Other admitted assets 52,457,170 Total Capital and Surplus 58,137,908 Total Admitted Assets 344,529,739 Total Liabilities, Capital and Surplus 344,529,739 I, Paul Terred, Vice President and Assistant Controller of Greenwich Insurance Company, (the "Corporation") do hereby certify that to the best of my knowledge and belief, the foregoing is a full and true Statutory Statement of Admitted Assets, Liabilities, Capital and Surplus of the Corporation, as of December 31, 2002, prepared in conformity with accounting practices prescribed or permitted by the Insurance Department of the State of Delaware. The foregoing statement should not be taken as a complete statement of financial condition of the Corporation. Such a statement is available upon request at the Corporation's principle office located at Seaview House, 70 Seaview Avenue, Stamford, CT 06902-6040 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of_th rpor on at Stamford, Conne i" f M1 ' President and Assistant C ntroller `� �-• Bond No. 45020398 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond. You should know that, effective November 26, 2002, any losses caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Terrorism Risk Insurance Act of 2002. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The portion of your premium that is attributable to coverage for acts of terrorism is $0.00. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BOND THAT PREMIUM IS -CHARGED ANNUALLY. SIGNED AND SEALED this loth day of , 20_a. SURETY: Greef I ice Camp [SEAL] Signature:' , t Attorney-i 1* ct E . Tir_wthy Kern�e jy