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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-008Temp. Ord. # 2081 Page 1 of 3 March 8, 2005 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2005- 0 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 ACE WASTE SERVICES, LLC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, On November 19, 2003 the United States District Court for the District of Columbia issued a Final Judgment wherein Waste Management, Inc. (WM) was ordered to divest itself of certain solid waste routes which were assets of Allied Waste Industries, Inc. (Allied), some of which are within the City of Tamarac, a copy of said. Final Judgment being attached hereto as Exhibit 1; and WHEREAS, Ace Waste Services, LLC (Ace) purchased the aforesaid WM accounts - formerly Allied accounts - within the City of Tamarac; and WHEREAS, § 19-29 of the City of Tamarac Code 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 Code 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 five (5) commercial garbage franchises in the City including All Service Refuse, Browning -Ferris Industries, Waste Management, DisposAll of Temp. Ord. # 2081 Page 2 of 3 March 8, 2005 South Florida and Southern Waste Systems; and WHEREAS, a review of Ace's references, equipment inventory and financial reports 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 Public Works Director recommends the execution of a Commercial Garbage Franchise Agreement between the City of Tamarac and Ace Waste Services, 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 Ace Waste Services, 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 a Commercial Garbage Franchise Agreement between the City of Tamarac and Ace Waste Services, LLC, a copy of said agreement being 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. Temp. Ord. # 2081 Page 3 of 3 March 8, 2005 1 1 1 SECTION 5: passage and adoption. This Ordinance shall become effective immediately upon its PASSED, FIRST READING this 23d day of March 2005. PASSED, SECOND READING this 131h day of April, 2005. ATTEST: MARION SW NSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. r, ( MITCHELL S. 14 CITY ATTORN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR SCHREIBER DIST 1: COMM. PORTNER DIST 2: V/M TALABISCO r P DIST 3: COMM. SULTANOF Ai P_ DIST 4: COMM. ROBERTS �1 P RECORD OF COMMISSION VOTE: 2nd Reading MAYOR SCHREIBER aNe: DIST 1: COMM. PORTNER / DIST 2: V/M TALABISCO� DIST 3: COMM. SULTANOF P DIST 4: COMM. ROBERTS aj` e' TO 2081 Exhibit 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AM.ERICA, and STATE OF FLORIDA, Plaintiffs, M WASTE MANAGEMENT, INC., and ALLIED WASTE INDUSTRIES, INC., Defendants. Case No.: 1:03CV02076 JUDGE: James Robertson DECK TYPE: Antitrust COMPETITIVE IMPACT STATEMENT Plaintiff United States of America ("United States"), pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act ("APPA"), 15 U.S.C. § 16(b)-(h), files this Competitive Impact Statement relating to the proposed Final Judgment submitted for entry in this civil antitrust proceeding. I. NATURE AND PURPOSE OF THE PROCEEDING Defendant Waste Management, Inc. ("Waste Management") and Defendant Allied Waste Industries, Inc. ("Aflied") entered into an asset purchase agreement and a stock purchase agreement, both dated August 15, 2003, pursuant to which Waste Management would acquire from Allied, inter alia, certain small container commercial hauling assets in Broward County, Florida. The United States and the State of Florida ("Florida") filed a civil antitrust Complaint on October 14, 2003, seeking to enjoin the proposed acquisition. The Complaint alleges that the likely effect of this acquisition would be to lessen competition substantially for small container commercial hauling services in Broward County, Florida in violation of Section 7 of the Clayton Act. This loss of competition would result in consumers paying higher prices and receiving fewer services for the collection of small container commercial waste. At the same time the Complaint was filed, the United States also filed a Hold Separate Stipulation and Order and proposed Final Judgment, which are designed to eliminate the anticompetitive effects of the acquisition. Under the proposed Final Judgment, which is explained more fully below, Waste Management is required within 90 days after the filing of the Complaint, or five days after notice of the entry of the Final Judgment by the Court, whichever is later, to divest, as a viable business operation, specified small container commercial hauling assets located in Broward County, Florida. Under the terms of the Hold Separate Stipulation and Order, Waste Management is required to take certain steps to ensure that the assets to be divested are fully maintained in operable condition at no less than the state they were in at the time the United States, Florida, and Defendants agreed to the divestitures outlined below and held separate from its other assets and businesses. The United States, Florida, and the Defendants have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations thereof. II. DESCRIPTION OF THE EVENTS GIVING RISE TO THE ALLEGED VIOLATION A. The Defendants and the Proposed Transaction Waste Management, with 2002 revenues of approximately $11.1 billion, is the nation's 2 largest waste collection and disposal company, operating throughout the United States. Allied, with 2002 revenues of approximately $5.5 billion, is the nation's second largest waste collection and disposal company. The proposed transaction, as initially agreed to by Defendants on August 15, 2003, would lessen competition substantially as a result of Waste Management's acquisition of Allied's small container commercial hauling assets in Broward County, Florida. This acquisition is the subject of the Complaint and proposed Final Judgment filed by the United States and Florida on October 14, 2003. B. The Competitive Effects of the Transaction on Competition in Small Container Commercial Hauling Municipal solid waste ("MSW") is solid, putrescible waste generated by households and commercial establishments. Waste collection firms, or haulers, contract to collect MSW from residential and commercial customers and transport the waste to private and public disposal facilities (e.g., transfer stations, incinerators, and landfills), which, for a fee, process and legally dispose of the waste. Small container commercial hauling is one component of MSW collection, which also includes residential and other waste collection. Waste Management and Allied compete in the collection of small container commercial waste in Broward County, Florida. Small container commercial hauling is the collection of MSW in one to ten cubic yard containers, usually from commercial businesses such as office and apartment buildings and retail establishments (e.g., stores and restaurants) for shipment to, and disposal at, an approved disposal facility. Because of the type and volume of waste generated by commercial accounts and the frequency of service required, haulers organize small container commercial accounts into their own special routes, and generally use specialized equipment to store, collect, and transport waste from these accounts to approved disposal sites. This equipment (e.g., one- to ten-cubic- yard containers for waste storage, and front-end load vehicles commonly used for collection and transportation) is uniquely well -suited for small container commercial hauling. Providers of other types of waste collection services (e.g., residential and roll -off services) are not good substitutes for small container commercial hauling firms. In their waste collection efforts, these firms use different waste storage equipment (e.g., garbage cans or semi -stationary roll -off containers) and different vehicles (e.g., rear -load, side -load, or roll -off trucks), which, for a variety of reasons, cannot be conveniently or efficiently used to store, collect, or transport waste generated by commercial customers, and hence, are rarely used on small container commercial hauling routes. In the event of a small but significant and nontransitory increase in price for small container commercial hauling, customers would not switch to any other alternative. Thus, the Complaint alleges that the provision of small container commercial hauling constitutes a line of commerce, or relevant service, for purposes of analyzing the effects of the transaction. The Complaint alleges that the provision of small container commercial hauling service takes place in compact, highly localized geographic markets. The geographic markets are compact and highly localized because it is expensive to ship waste long distances in either collection or disposal operations. To minimize transportation costs and maximize the scale, density, and efficiency of their waste collection operations, small container commercial hauling firms concentrate their customers and collection routes in small areas. Firms with operations concentrated in a distant area cannot easily compete against firms whose routes and customers are locally based. Distance may significantly limit a remote firm's ability to provide commercial waste hauling service as frequently or conveniently as that offered by local firms with nearby routes. Also, local small container commercial hauling firms have significant cost advantages over other firms and can profitably increase their charges to local small container commercial 4 hauling customers without losing significant sales to firms outside the area. Small container commercial haulers in Broward County, Florida compete for customers either in "open" competition or through competition for municipal franchises. In open competition areas, haulers compete to service individual customers. In areas where commercial hauling is controlled by the respective municipality, small container commercial haulers compete to be awarded a municipal contract, or franchise, that permits the hauler to provide service to all of the small container commercial customers in that municipality. The municipality decides whether to grant a franchise or to allow haulers to compete for customers in open competition. Local small container commercial hauling firms in Broward County can profitably increase prices to customers in the open areas of Broward County — that is, those customers not covered by a municipal franchise — without losing sales to a municipal franchise, or to more distant competitors. Applying this analysis, the Complaint alleges that the open competition areas of Broward County, Florida constitute a section of the country, or relevant geographic market, for the purpose of assessing the competitive effects of a combination of Waste Management and Allied in the provision of small container commercial hauling services. There are significant entry barriers into the provision of small container commercial hauling services. A new entrant in the small container commercial hauling business must achieve a minimum efficient scale and operating efficiencies comparable to those of existing firms in order to provide a significant competitive constraint on the prices charged by market incumbents. In order to obtain comparable operating efficiencies, a new firm must achieve route density similar to existing firms. An efficient route usually handles eighty or more customers or containers each day. Because most customers have their waste collected once or twice a week, a 5 new entrant must have several hundred customers in close proximity to construct an efficient route. However, the common use of price discrimination and long-term contracts by existing small container commercial hauling firms can leave too few customers available to the entrant in a sufficiently confined geographic area to create an efficient route. The incumbent firm can selectively and temporarily charge an unbeatably low price to specified customers targeted by new entrants. Long-term contracts often run for three to five years and may automatically renew or contain large liquidated damage provisions for contract termination. Such terms make it more costly or difficult for a customer to switch to a new hauler and obtain lower prices for its collection service. Because of these factors, a new entrant may find it difficult to compete by offering its services at pre -entry price levels comparable to the incumbent's prices. Also, a new entrant ;may face an increase in the cost and time required to form an efficient route, which may limit the entrant's ability to build an efficient route and reduce the likelihood that the entrant ultimately will be successful. The need for route density, the use of long-term contracts with restrictive terms, and the ability of existing firms to price discriminate raise significant barriers to entry by new firms, which will likely be forced to compete at lower than pre -entry price levels. Such barriers in the market for small container commercial hauling services have allowed incumbent firms to raise prices successfully. In Broward County, Florida, Waste Management's acquisition of Allied's small container commercial hauling assets would reduce from three to two the number of significant firms that compete to provide small container commercial hauling. After the acquisition, Waste Management would control over 68 percent of total market revenues, which exceed $40 million annually. There is only one other significant small container commercial hauling competitor in this market. The Complaint alleges that a combination of Waste Management and Allied in Broward County would remove a significant competitor in small container commercial hauling. In this market the resulting increase in concentration, loss of competition, and absence of any reasonable prospect of entry or expansion by market incumbents likely will result in higher prices for small container commercial hauling. EXPLANATION OF THE PROPOSED FINAL JUDGMENT The divestiture requirement of the proposed Final Judgment will eliminate the anticompetitive effects of the acquisition in small container commercial hauling in Broward County, Florida by establishing a new, independent, and economically viable competitor. The proposed Final Judgment requires Waste Management, within ninety days after the filing of the Complaint, or five days after notice of the entry of the Final Judgment by the Court, whichever is later, to divest, as a viable ongoing business, small container commercial hauling assets (e.g., routes, trucks, containers, and customer lists) in Broward County, Florida. The assets must be divested in such a way as to satisfy the United States in its sole discretion, after consultation with Florida, that the operations can and will be operated by the purchaser as a viable, ongoing business that can compete effectively in the relevant market. Defendants must take all reasonable steps necessary to accomplish the divestiture quickly and shall cooperate with prospective purchasers. In the event that Defendants do not accomplish the divestiture within the periods prescribed in the proposed Final Judgment, the Final Judgment provides that the Court will appoint a trustee selected by the United States to effect the divestiture. If a trustee is appointed, the proposed Final Judgment provides that Waste Management will pay all costs and expenses of the trustee. The trustee's commission will be structured so as to provide an incentive for the trustee based on the price obtained and the speed with which the divestiture is accomplished. After his or her appointment becomes effective, the trustee will file monthly reports with the, Court, the United States, and Florida, setting forth his or her efforts to accomplish the divestiture. At the end of six months, if the divestiture has not been accomplished, the trustee, the United States, and Florida, will make recommendations to the Court, which shall enter such orders as appropriate, in order to carry out the purpose of the trust, including extending the trust or the term of the trustee's appointment. The divestiture provisions of the proposed Final Judgment will eliminate the anticompetitive effects of the acquisition in the provision of small container commercial hauling services in Broward County, Florida. Under the proposed Final Judgment, Waste Management is required to divest customers and contracts on eleven of Allied's routes (routes 901, 902, 903, 904, 906, 907, 909, 912, 914, 915, and 501, except for specific portions of these routes that did not raise significant competitive concerns, including accounts and contracts serviced in parts of unincorporated Broward County, accounts serviced through franchise agreements, and accounts and contracts serviced in the City of Margate) to a new, independent, and economically viable competitor in Broward County, Florida. In addition, Waste Management agrees that, if an Allied customer has a single contract with accounts and service locations that are on both a route to be divested and a route Waste Management will acquire, Waste Management will divest the entire contract. The divested assets produce annual revenues of over $8 million from small container commercial hauling service in the open competition areas of Broward County, which represents over 80 percent of Allied's revenues generated in the open competition areas. IV. REMEDIES AVAILABLE TO POTENTIAL PRIVATE LITIGANTS Section 4 of the Clayton Act (15 U.S.C. § IS) provides that any person who has been injured as a result of conduct prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the person has suffered, as well as costs and reasonable attorneys' fees. Entry of the proposed Final Judgment will neither impair nor assist the bringing of any private antitrust damage action. Under the provisions of Section 5(a) of the Clayton Act (15 U.S.C. § 16(a)), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against the Defendants. LTA PROCEDURES AVAILABLE FOR MODIFICATION OF THE PROPOSED FINAL JUDGMENT The United States, Florida, and Defendants have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the provisions of the APPA, provided that the United States has not withdrawn its consent. The APPA conditions entry upon the Court's determination that the proposed Final Judgment is in the public interest. The APPA provides a period of at least 60 days preceding the effective date of the proposed Final Judgment within which any person may submit to the United States written comments regarding the proposed Final Judgment. Any person who wishes to comment should do so within sixty days of the date of publication of this Competitive Impact Statement in the Federal Register. The United States will evaluate and respond to the comments. All comments will be given due consideration by the Department of Justice, which remains free to withdraw its consent to the proposed Final Judgment at any time prior to entry. The comments and the Z response of the United States will be filed with the Court and published in the Federal Register. Written comments should be submitted to: Maribeth Petrizzi Chief, Litigation 11 Section Antitrust Division United States Department of Justice 1401 H Street, NW, Suite 3000 Washington, D.C. 20530 The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for the modification, interpretation, or enforcement of the Final Judgment. w ALTERNATIVES TO THE PROPOSED FINAL JUDGMENT The United States considered, as an alternative to the proposed Final Judgment, a full trial on the merits against Defendants. The United States could have continued the litigation and sought preliminary and permanent injunctions against Waste Management's acquisition of certain assets from Allied. The United States is satisfied, however, that the divestiture of assets described in the proposed Final Judgment will preserve competition for the provision of small container commercial hauling services in the relevant market identified by the United States and Florida. VII. STANDARD OF REVIEW UNDER THE APPA FOR THE PROPOSED FINAL JUDGMENT The APPA requires that proposed consent judgments in antitrust cases brought by the United States be subject to a sixty-day comment period, after which the Court shall determine whether entry of the proposed Final Judgment "is in the public interest." In making that 10 determination, the Court may consider: (1) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration or relief sought, anticipated effects of alternative remedies actually considered, and any other considerations bearing upon the adequacy of such judgment; (2) the impact of entry of such judgment upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial. 15 U.S.C. § 16(e). As the United States Court of Appeals for the District of Columbia Circuit held, the APPA permits a court to consider, among other things, the relationship between the remedy secured and the specific allegations set forth in the government's complaint, whether the decree is sufficiently clear, whether enforcement mechanisms are sufficient, and whether the decree may positively harm third parties. See United States v. Microsoft, 56 F.3d 1448, 1458-62 (D.C. Cir. 1995). In conducting this inquiry, "[t]he court is nowhere compelled to go to trial or to engage in extended proceedings which might have the effect of vitiating the benefits of prompt and less costly settlement through the consent decree process." 119 Cong. Rec. 24,598 (1973) (statement of Senator Tunney).' Rather: [a]bsent a showing of corrupt failure of the government to discharge its duty, the Court, in making its public interest finding, should ... carefully consider the explanations of the ' See United States v. Gillette Co., 406 F. Supp. 713, 716 (D. Mass. 1975) (recognizing it was not the court's duty to settle; rather, the court must only answer "whether the settlement achieved [was] within the reaches of the public interest"). A "public interest" determination can be made properly on the basis of the Competitive Impact Statement and Response to Comments filed pursuant to the APPA. Although the APPA authorizes the use of additional procedures, 15 U.S.C. § 16(f), those procedures are discretionary. A court need not invoke any of them unless it believes that the comments have raised significant issues and that further proceedings would aid the court in resolving those issues. See H.R. Rep. No. 93-1463, 93rd Cong., 2d Sess. 8-9 (1974), reprinted in 1974 U.S.C.C.A.N. 6535, 6538. 11 government in the competitive impact statement and its responses to comments in order to determine whether those explanations are reasonable under the circumstances. United States v. Mid -America Dairymen, Inc., 1977-1 Trade Cas. (CCH) ¶ 61,508, at 71,980 (W.D. Mo. May 17, 1977). Accordingly, with respect to the adequacy of the relief secured by the decree, a court may not "engage in an unrestricted evaluation of what relief would best serve the public." United States v. BNS, Inc., 858 F.2d 456, 462 (9th Cir. 1988) (citing United States v. Bechtel Corp., 648 F.2d 660, 666 (9th Cir. 1981)); see also Microsoft, 56 F.3d at 1460-62. Case law requires that: [t]he balancing of competing social and political interests affected by a proposed antitrust consent decree must be left, in the first instance, to the discretion of the Attorney General. The court's role in protecting the public interest is one of insuring that the government has not breached its duty to the public in consenting to the decree. The court is required to determine not whether a particular decree is the one that will best serve society, but whether the settlement is "within the reaches of the public interest." More elaborate requirements might undermine the effectiveness of antitrust enforcement by consent decree. Bechtel, 648 F.2d at 666 (emphasis added) (citations omitted).'- The proposed Final Judgment, therefore, should not be reviewed under a standard of whether it is certain to eliminate every anticompetitive effect of a particular practice or whether it mandates certainty of free competition in the future. Court approval of a final judgment requires a standard more flexible and less strict than the standard required for a finding of liability. "[A] proposed decree must be approved even if it falls short of the remedy the court would impose on its own, as long as it falls within the range of acceptability or is `within the reaches of public 2 Cf. BNS, 858 F.2d at 463 (holding that the court's "ultimate authority under the [APPA] is limited to approving or disapproving the consent decree"); Gillette, 406 F. Supp. at 716 (noting that, in this way, the court is constrained to "look at the overall picture not hypercritically, nor with a microscope, but with an artist's reducing glass"). See generally Microsoft, 56 F.3d at 1461 (discussing whether "the remedies [obtained in the decree are] so inconsonant with the allegations charged as to fall outside of the `reaches of the public interest"'). 12 interest."' United States v. Am. Tel. & Tel. Co., 552 F. Supp. 131, 151 (D.D.C. 1982) (citations omitted) (quoting Gillette, 406 F. Supp. at 716), aff'd sub nom. Maryland v. United States, 460 U.S. 1001 (1983); see also United States v. Alcan Aluminum Ltd., 605 F. Supp. 619, 622 (W.D. Ky. 1985) (approving the consent decree even though the court would have imposed a greater remedy). Moreover, the Court's role under the APPA is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the Court to "construct [its] own hypothetical case and then evaluate the decree against that case." Microsoft, 56 F.3d at 1459. Because the "court's authority to review the decree depends entirely on the government's exercising its prosecutorial discretion by bringing a case in the first place," it follows that "the court is only authorized to review the decree itself," and not to "effectively redraft the complaint" to inquire into other matters that the United States might have but did not pursue. Id. at 1459-60. VIII. DETERMINATIVE DOCUMENTS There are no determinative materials or documents within the meaning of the APPA that were considered by the United States in formulating the proposed Final Judgment. Dated: November 19, 2003 Respectfully submitted, Paul . Moore III Maryland Bar U.S. Department of Justice Antitrust Division, Litigation II Section 1401 H Street, NW, Suite 3000 Washington, DC 20530 (202)514-8380 13 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served upon Waste Management, Inc., Allied Waste Industries, Inc., and the State of Florida by placing a copy of this Competitive Impact Statement in the U.S. mail, first class and postage prepaid, directed to each of the above -named parties at the addresses given below, this 19th day of November, 2003. Counsel for Defendant Waste Management, Inc. Melanie Sabo, Esquire Preston Gates Ellis & Rouvelas Meeds LLP 1735 New York Avenue, NW, Suite 500 Washington, DC 20006 (202) 628-1700 Counsel for Defendant Allied Waste Industries, Inc. Mia F. Cohen, Esquire Jones Day Reavis & Pogue 51 Louisiana Avenue, NW Washington, DC 20001-2113 (202) 879-3971 Counsel for Plaintiff State of Florida Lizabeth A. Leeds, Esquire Senior Assistant Attorney General Office of the Attorney General Antitrust Division PL-01, The Capitol Tallahassee, Florida 32399-1050 Phone: (850) 414-3600 Fax: (850) 488-9134 Paul A. Moore III U.S. Department of Justice Antitrust Division, Litigation 11 Section 1401 H Street, NW, Suite 3000 Washington, DC 20530 (202) 307-0938 : 'f4 :Je � i • r= COMMERCIAL GARBAGE FRANCHISE AGREEMENT BETWEEN THE CITY OF TAMARAC AND ACE WASTE SERVICES, LLC `T'd a,o81 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 Ace Waste Services, LLC, a Florida limited liability company, (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.") RECITALS 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 limited liability company with offices in Davie, 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. 0 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 M., 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 seg., the Federal Water Pollution Control Act, 33 U.S.C. '1251, et sec.., the Clean Air Act, 42 U.S.C. '7401, et seq., the Toxic Substances Control Act, 15 U.S.C. '2601, et M., 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. 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 4 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 forwhich 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 state laws. y01 SECTION 4. TERM 4.1 Primary Term The term of this Contract shall be on a month -to -month basis commencing April 13, 2005 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. 1.1 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 A reement 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 L 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 year, if less than 12 months, the actual number of months of service shall be used in 9 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 (F) 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 (F) 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 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 grass 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 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 11 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 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 12 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: (i) 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. (iii) 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: Limits Line of Business/ Coverage Occurrence AagreAate Commercial General Liability 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 $1,000,000 $1,000,000 Statutory $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/Manaainn Anent 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 Staffina 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. 17 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. 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: James Feeley, Jr. Ace Waste Services, LLC 7060 SW 22nd Court Davie, FL 33317 Telephone: (954) 472-6700 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 Maieure 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. 20 22.15 Approval by the Citf 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 Accounting 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. (Remainder of Page Intentionally Left Blank) 22 Commercial Garbage Franchise Agreement Between The City of Tamarac And Ace Waste Services, LLC This Contract shall be effective this the 13th day of April, 2005, which shall be the Commencement Date hereof. ATTEST: Mari)ra Swenson, CIVIC City clerk THE CITY OF TAMARAC, FLORIDA g-.��- Y / e Schreiber Mayor Date:Tri l 13, AO D.5 By: I- Jeffr L. iller City Manager 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 County aforesaid to take acknowledgements, personally appeared James Feeley, Jr. to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same. WITNESS my hand and official seal this 3 day of Pldae.L , 2005. NOTARY PUBLIC, State of Florida at Large f rl��n (Name of Notary Public: Print, Stamp, or Type as Commissioned) EXPIRES: SSIONeptm # DD 3A2917 ( ) Personally known to me, or ;,' B°dT"'""t Pubk zoo. ( ) Produced identification Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. 24 City of Tamarac Agreement for Commercial Waste Haulers ATTEST: By: Corporate Secretary (Corporate Seal) 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 County aforesaid to take acknowledgements, personally appeared James Feeley. Jr. to me known to be the person(s) described in and who executed the foregoing instrument and he acknowledged before me and under oath that he executed the same. WITNESS my hand and official seal this95 day of ! 1 � , 2005. NOTARY PUBLIC, State of Florida at Large / /')v (Name of Notary Public: Print, Stamp, or Type as Commissioned) raMMIE a TMAS Personally known to me, ort MYCQMMISSICN#DD3A2871 ( ' EXPIRES: September 20, 200A ( ) Produced identification �naeatnruNomnPW�b�^�^°ro 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 27 A N x N T E R L 0 C A L A G R E E M E N T WITH F O R S 0 L I D W A S T B 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 ._ RESQURCF,--EZMY.EAY..B.OAPM._/.._-SEECIAL_.DISTRTOT — .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 , RECGVERY-aYSTEM--. ;... ......... . .............. -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 Communities 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 nistr]ct __...... 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 gy.HIBIT .T Fourth Amendment - Board Staff Approved by County - September 10, 1996 A G R E E U E N T this Agreement dated for convenience November 89. 1986, by .__..._a.zfl:t I"two 19-11—BROWARV—C*VMT*fj_.:a pol itical su-brctiv-1-s-ran 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, are nafTer rT�od-t_o as R71CT CouwuNmES:" —_ ARTICLE 1 BACXGROUND 1.1 General Statement. In order to establish the background, context and frame of refer-6-has for thIVAgreeMent ani"to provide-4 general background regarding the objectives and intentions of the COUNTY and the CONTRACT CO&MUNITIES,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 COGAWVNITIrS. therefore, wake 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 COUMNITIES and COUNTY have sought a joint solution to such concerns. Th e._,_CONTRACT COMMUN I T i ES and COUNTY h a ve i_o Ta L4— a tl.d......._... 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. -Z- CO The Unit -ad 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 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. Cd) 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 west& to protect the public's health, safety and. welfare. Likewise, such Act has deemedit 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, th• promotion of recycling. reuse or treatment of solid -3- waste, including recycling of solid waste to produce electrio power. (ea ]additionally, Section 403.713, Fiorida Statutes, provides that the municipalities undertaking resource recovery of solid waste pursuant to general law or special law may oontrol 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. C f 3 The amendments to the State Comprehensive Plan adopted by the State in 1985 CChapter 187. F.S.] establishes 4 number of policies regarding energy production and the reduction of solid waste landfilling including: 1. Energy Policy No. S -- Reduce the need for new power plants by encouraging end -use efficiency, reducing peak demand and using cost-effective alternatives. development of renewable energy resources. 3. Waste Policy No. 1 - By 1998. reduce the volume of non -hazardous solid waste disposal in landfills to 88 poroont of the 109E volume. -4- 4. Waste Policy No. 7 - Encourage the research', development and implementation of recycling >x.e.tgy 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 negotiation process. 1.4 It is recognised by CONTRACT COMMUNITIES 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 COMMUNITIES and unincorporated County district provided for herein. 1.5 it is further recognized. by CONTRACT COhMNITIES and COUNTT that the COUNTY is entering into this Agreement both representing unincorporated County, a waste generation area ME 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 CO11WUN1TIES 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 trio effectiveness or any provision or this x¢L�eme.at..._.a.nd.__.s ult.t.�4u4a t� dmon t: 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(11), 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 mod'i`i'"o'd'` - e word s al I to be taken wit-fi-aut regard --'..,___.-.___— to the exercise of discretion. -6- ARTICLE z DEFINITIONS _.-...___._Th_ _reteiLosting..-contains the _definitions of the terms as applied to this Agreement. 2.1 Administrator. The teral "Administrator" or "County Administrator" shall mean the County Administrator of the Broward County goaernment as provided by the Charter of Arowrard County. Florida_ B.2 Board of County Commissioners. The term "Board of County ------ one tho._.- Board'of County Commissioners of Broward County, Florlda. 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 2.4 Construction Contract. The term "construction contract" shall mean the contracts entered into by the COUNTY and SES Broward Company. limited Partnership pursuant to Resolution No. 36-3007 dated August 19, 1935, and Broward Waste Energy -7- Company, Limited Partnership pursuant to Resolution No. at- 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 contractor, to design, construct, test. maintain, repair and have accepted a part of the resource recovery system. 3.5 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 eater into this Anreament with the COUNTY and whose names appear_f n,.,,,._._.._^ Exhibit A to this Agreement. 2.6 COUNTY. The term "COUNTY" shall mean Hroward County, Florida., a political subdivision of the State of Florida. 2.7 Disposal Facilityfies). The term "disposal facilityfieal" means that portion of the resource recovery system where solid waste will be disposed of within the resource recovery 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 COWUNITY and in the unincorporated County and delivered to a- 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 terse "fiscal year" shall mean October i to September 30. 2.11 Full Service Contractor(s). The'tera "full service contractor Cs)" ahwlI mean a person, firm or corporation that has entered or wi11 enter into an agreement or agreementss 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 paean as to the southern facility SES 8roward Company, Limited Partnership and as to the northern facility Brorrard Waste Energy Company. Limited Partnership and any respective successors thereto. Haul,era-. 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 CO&MMITY(IES) or the unincorporated County ,and the transportation and delivery of such solid waste to -a- 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 COUKUNITIES and the unincorporated County located in the northern part of the COUNTY. as directed in the plan of operations. .Z.14 Plan of Operations. The term "plan of operations" shall mean the plan for the operation of the resource recovery system adopted■ ascended or revised by the Resource Recovery Board in the manner set forth in Section 4.7 hereof, 2.1S Processable Waste. The term "procesaable waste" shall main 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,_cerpatinll..�..._oc_casi_Qnal tires, wood furniture, mattresses, stumPs,.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 �► A-&-n-o-rma-L.p r..o-c a spa b 1 s waste stream. _ E.16 Resoures.Recovery Board. The term "Resource Recovery Board" shall Mean, the governing Board of the special district to be established by the Board of County Conuaissioners pursuant to Section 125.01c5)(a1, Florida Statutes, and this Agreement which performs such responsibilities as set forth in this Agreement. E-�7-gts��r�ad system -The -'Cl?e-S.erm_. "raxoures recovery system" shall wean 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 COiliMM1TISS and the unincorporated County and the recovery and silo of .materials and energy. therefrom, including all landfills, contingency landfills, transfer stations, treatment facilities and *I Eli ce1--g1Te-F-et -,** �aeiLI_.t..i.as__e11 atton dant to th♦__....--- resource recovery system. Excluded from this def.i.ni.tion is the COUNTY landfill located IA the Town of Davie which is in existence as of the date of the execatiOn of this Agreement. -il- 2.18 Service Agree>ament[s). The term "service agreement" shall mean the agroomonts entered into between the COUNTY and SLS Broward Company, Limited Partnership pursuant to Resolution No, 86-3007 dated August 19, 1986, and Broward Waste Eneriy , Com anyLimited t ed _.._...._�--.-. p Partnership pursuant to Resolution No. 81- V30 dated September 30, 1986, respectively for the purpose of operating, rssintaining and repairing the southern facility and northern facility, respectively, or any othei full service contractor for the purpose of operating, maintaining, and repairing a part of the resource recover? system. 2.10 Solid Waste. The term "solid waste" shall mean processable waste and unprocessable waste, but excludes unacceptable waste. x.Zo southern Facility_ The term "southern facility" shall mein that part of the resource recovery system, including any landfill, serving the cuxrRACT CQMKUXXT11±5 and the unincorporated County located in the southern part of the COUNTY, as directed in the plan of operations_ Z_21 Tipping Fee. The torn, "tipp•ing.foe" 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.ZZ Ton. The term "ton" is used to express a unit of weight equal to two thousand C2,6003 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 contractar retained by the COUNTY for the ecoeptance Of solid waste.for transfer to resource recovery system disposal facilities because a part of the resource recovery system i' not operational. Other transfer facilities including citisOn 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 A nclude any other material not parmJtt_ed___hy.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. Z.ES Unincorporated County. The term "unincorporated Co shall mean that part of COUNTY which is not within the boundaries of any municipal corporation. unincorporated County shall be treated in all respects under the terms and conditions of this Agreement as a CONTRACT COMUN1TY. 2.25 Unprocessable haste. The term "unproces=able 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. -- Unprocessabte waste shall include, but not be limited to, metal furniture and appliances, concrete rubble, muted 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 to 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 inchea could be c o rft a1_is.ed .. w t._ thin such solid 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 r contractors shall have the right to exclude unacceptable waste from the resource recovery facilities. Mz= ARTICLE 3 CONS-TRUf= I-OX-O-"AC-I-I.i_1" I E5 COMMITMENT OF WASTE STREAM 3.1 The COUNTY shall cause to be construoted, operated. maintained and repaired a resource recovery system located within Broward County for th• purposes of disposal of all solid waste collected in each CONTRACT COMMXINITY 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 CONWNITIES 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 plant of, operations as set forth in Section 4.7. 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 sat forth in Section 403.713. Florida Statutes (as may be amended from time to time), directing that all solid waste generated within their respective geographic boundaries be delivered to the resource recovery -1s- 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 ---- Ex h-i-b-; t C_ at t a c h ad h e r e t a an d made—s`RaLi_._he. t.a a f. _._ _...>~s ch..... . 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. -- 3A 11*cove r-y-s-ys-.t-em-.d.i-s•po.sa.l.---La.ci•l-i-t�►_.-ma-Y--.barn 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 COMMUNITY shall -�a-vrerrryr—i-rr�rt•-s-t t-n—e-l-eat-r-i-eaFl--eaerQ7R,�;isr_raus--and-_____._____._..W..__..... 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 3I•L each or on behalf of each CONTRACT CONICUNITY 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 maybe 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 Acoeptance of WGsts. Each CONTRACT COLIKUNITY 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 designatad pursuant to tn* 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 MWAC resource recovery system facility solid waste shall be delivered, the Resource Recovery Hoard sha11 max* evert► reasonable effort consistent with the maintenance of the COUNTY's rights and obligations under the service agreemen to minimize the cost of transportation for CONTRACT COWUNITIES and unincorporated County or their haulers and in this regard reasonable standards sraJJ be adopted for the location of the delivery of the solid waste for each CONTRACT CO111MNITY and unincorporated County pursuant to Section 4.7. 4.3 The COUNTY shall be responsible for the construction, contingency landfills pursuant to paragraph 3.6 or other receiving facilities utillzed 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 C30) days notice by the COUNTY, each of the CONTRACT COMMUNITIES 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 shill also state the estimated amount of processable waste to be delivered by each CONTRACT CODOAUNITT and unincorporated -is- County and the estimated length of time for which such deliveries are required. in order to facilitate CONTRACT COMWUNITY planning, the COUNTY will share information with ths-Ef}NR`1t14�, �^ *NITiEwes—��the--p�ag wits of. can -s-t-r-uat- on 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, 1989- The COUNTY shall notify the CONTRACT COMMUNITIES of any change In the estimate of the date upon which com3nercial operations are to commence. The COUN f �sl s 1 I g i ves ►�C'ONT1tA�'COMKNt'T unincorporated County at least thirty C-303 days prior notice of the date expected to be the actual commercial operations date of all resource recovery system transfer and disposal facilities. 4.0 Receiving Hours. Subject to service agreements, the COUNTY shall cause the resource recovery system to be open to receive processable waste from 8:00 a.m. to 6100 p.m. every day of the year except December E5 and landfills to be open to receive unproeessable waste at least 40 hours five (33 days per week or as provided in the service agreements and plan of operations. -is- 4.6 Emergency Operations/Additional Hours of Operation. C a I Emergency Operations. in the event that, due to a natural disaster or other emergency condition, a CONTRACT COMMUNITY or unincorporated County requests the COUNTY to accept the delivery of solid waste other 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 Hoard. (b) Additional Hours of Operation. The COUNTY may upon request of a CONTRACT COUWUNITY 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 COMWUNITY or unincorporated County shall give reasonable notice and shall hake its request in writing to COUNTY at least two Cx) days prior to the beginning of such delivery. _ ...........___—I_ be-ZWN-Tr prv�lde��Ae—reques Lid sx � ce �—than... additional fees for operating outside the 'normal receiving hours will be payable by the CONTRACT C011daIUNITY or unincorporated County in an amount determined by the Resource Recovery Board. -20- 4.7 Plan of Operations. The COUNTY and the CONTRACT CODiIiLUNITIES agree that at least six [6) months prior to the data 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' rev ised by the Resource Recovery Board at least six fB) months prior to the dater additional resource recovery system transfer or dis..n.a s a-"a-c i 11-110-3... c dma E u l> ytszpt�a t io n a l�l�d�t. h a r�cts a 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 Eacilities, landfills. contingency landfills and transfer stations: hours of operationsi schedules of all participants: schedule and routing of deliveries: provisions for issuance of authorisation to and regulation of delivery vehicles; measurements of quantity, qualiyty and other waste aharacteristicsl billingo rules and regulations relating to the use of the resource recovery systems 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 r e p r e s e r1 .CDl&tC N-l-T7- a nd __..... unincorporated County to enter ell facilities of the resource recovery system during usual business hours for, inspection purposes_ 4.9 Weighing Records. The COUNTY shall cause operators of all resource 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 jaw Each vehicle delivering solid waste from a CONTRACT COMUUNITY or the unincorporated County shall have its taro weight and cubic capacity and other information required by the.pla.n 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 * £ a oh d ad v'e 2i i c e tih— 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 [157 days after the and of each month, the COUNTY shall furnish or Cause to be furnished to each CONTRACT COMMUNITY and unincorporated County such weighing records as may be reasonably required by each CONTRACT COMWKITY 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 [Z] years. 4.10 Weighing Scales Not Operational - Estimates. if weighing m...- __.__.. the f a C i-i i e a a��i`n ope-r-ab3--tea-r....._err-e—be i-rtQ--t-e-s�ad r�-a-c.i1->-t_y�..__ operator shall estimate the quantity of processable waste delivered an the basis of truck volumes and estimated data obtained through historical information pertinent to the CONTRACT COMWN1T7 or unincorporated County. The estimate$ 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 test will be made by the COUNTY pursuant to provisions off" the service agreements and plan of ope.rations-- 4.11 Title To and interest in Products. The CONTRACT COUMUNITIES and unincorporated County shall relinquish any and all title and interest in solid waste collected within their W*1M respective boundaries upon delivery of the solid waste to the resource recovery system. 4.12 Manner of Delivery. Each ..AC.T-COMWUNTT-Y---a.nd- _------.._....- . unincorporated County shall provide the COUNTY with the following information about each healer delivering solid waste on its behalf to the resource recovery system: name and address, make, body type and motor vehicle registration number of each vehicle usedr are& of collection; and status as municipal vehicle operator or contract hauler. 4.43 Solid Nast* Segregation Programa. The CONTRACT COANArNITIES e-e --t h a-t -n provisions of this Agreement 4r0 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 o•f 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 facilities. landfills. contingency. landfills Alt --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 obligetlons to the CONTRACT COMMUNITIES and unincorporated County under this agreement. -24- 4.1S Exaept for emergency operations in accordance with section 4.6 of this Agreement. the COUNTT agrees, subject to the Eo-tnt sit t• h e—ae r��e -.a gr_e eme n t s. that -___neither it n o r a n y full service aontrecter will .enter into any ■armament for the disposal or transfer of solid waste with any municipal corporations of.the State of Florida located in the COUNTr 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 Hoard. 4.16 Spot and Short Term Disposal. The CONTRACT CO WUNITIES and ...0 n i n c o r p 0 r a d.d---C-o-uwt"a r'e by—aus ge —t-ha t ..-.th6-AMU WTY-. r artry_--_.. full. service contractor providing solid waste disposal or transfer services on behalf of the COVNTT, is authorised to accept solid waste on a spot or short-term basis of less than on•e year, from private .haulers. in order to fully utilize the Capacity of any resource recovery facilityi, so long as the capacity to receive solid waste delivered on behalf of any CONTRACT CO1►WHITT and unincorporated County is not impaired. _25- ARTICLE 3 RESOURCE RECOVERY BOARD/SPECIAL DISTRICT 3.i---- Crea--i=i-osl--a-f-Resau-r-C-e-Raco.v.aryilaar-d_..a.nd.-Spec- a-1 --- Dis The CONTRACT COMWUNITIES and COUNTY agree that there shall be created a special district to be known as the "Broward Solid Waste Disposal District" pursuant to Section 12D.Dit9). 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 chargesi advising the COUNTY concerning construction contracts and service agreementsr aplan o-£ _opFffrrrti-orrs;_ ovsrr-ri-p..............._ o£ the operations of the resource recovery system for the CONTRACT CODAKUNITIES 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 COADAUNITT 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 (9) Wambers. Four (4) of the elected County Commissioners shall be appointed by the County Commission to serve as members for a term of two C2) years. Four C4) -2G- members shall be appointed by the CONTRACT COMMUNITIES as fallaws- Ca) One (i) member each shall be selected by -the two CONTRACT COMMUNITIES with the largest populations. Such members shall each serve a term of two (R) years_ tb) One (1) member shall be selected by the CONTRACT COMMUNITY nearest to the median in also, based upon population. Such member shall serve for two C8) years. (C) One (i) member shall be appointed by the President of � >3 rn rs utrty L wtsras-ot Cif i ws�03 -i-ts-suc ce s-s-a r 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 n term of two ($) )rears. The remaining member shall serve a term of one (1) year and shall be an elected County Co=issioteer appointed by the County Commission in terms commencing with even numbered years, During tests commanoing with odd num *rod years, the I. remaining member sharlM 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 COMMUJNITY not otherwise having a meanber on the Resource Recovery Board in the same manner as provided in -27- subsection (a] above. All members appointed by the CONTRACT COUMUNITIES and COUNTY as provided herein shall be elected officials of their respective CONTRACT COMMUNITY or County e may 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. members as chairman and one f]) as vice-chairman to' serve for one C13 year in that capacity or until their successors are elected. The cbeirmanship of the Resource Recovery Board shall alternate annually, with a CONTRACT COMMUNITT 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 raoovery systomo including, but not -28- 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 - - F as H-zhme-rst—rrd - 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 re4iffreme,c..f �>s_8 e�lCiticle ?i saliedule o tipping fees and service charges for users of the facilities and services fur7inished by the resource recovery system. 5,0 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 resources recovery system during the term of this Agreement. Such employees and consultants shal dilig�y 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 not have available the necossary 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 expenditur&s 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 G. 5.7 Technical Advisory Committee. There is hereby created a Technical Advisory Committee composed of representatives of .e.a c h--CIImTRACT�_CCMWi7H.LTY and u n i n co r p.o-r. a t e d Ceumly—a-s.- ------ follows: (a) The chief administrative officer of each CONTRACT COMMUNITY and COUNTY zhall 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 twoN'[2) year terms up to five CS) additional members representing waste generator.:., recycling or environmental interests and private waste collection companies. MFID (b) 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. id) The Technical Advisory Committee shall serve in an advisory capacity to both the Resource Recovery Hoard and COUNTY_ ARTICLE 6 TIPPING FEES AND SERVICE CHARGES 6.1 The Resource Recovery Hoard 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 a 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- S.2 The CONTRACT COMMUNITIES and COUNTY hereby agree as follows with respect to the tipping fee for processable waste: as 3 The t I PP In ���ro��srarlsra rra��-�o se p each hauler to COUNTY shall be FORTY FIVE DOLLARS AND NO CENTS (945.00) per ton adjusted from October i. 1988, in accordance with provisions of Subsections Cb) and (c) of this Section and Article 9 hereof.. The elements going into the calculation of the tipping (#e are generslly 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. th) The tipping fee for processable waste specified In Subsection Ca) 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 (1) a change in lawn or event of force majoure as defined in the construction contracts or service agreements, (it) change in the rate paid full service contractors by purchasers of electrical energy or C11i) 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 crease shall flly compensate t. tipping fae in _. heCOUNTY -. u_-- for its increased costs. (c) 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 percentage. of the following two indices as determined as follows: i. From the latest Producer (Wbolesale) 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 assailable Igo days prior to the expiration of-1he 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 neat preceding fiscal year. The difference shall be expressed as a percentage. -33- AN The change, expressed as a percentage, for said period in the.Consumer.Price Index all urban consumers (CPI-U) for the region including Browird county, as determined and recorded by said Bureau of Labor Statistics, shall be similarly calculated. The percentage change of each of the foregoing indicss so determined shall be added together. The sum of those numbers shall then be divided by two to determine the average change, expressed as a percentage, of the two indices. In the event that either or both of said indices ahe.Ll. 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 ---..--S-ect..i-on,..s..Z_- .ha11._.be' c-sICti-laced en�c—established y the Resource Recovery Board -at. least 1ZO 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 •- �C a g osal of—u n p r o c a s spa Vera ume and content of the unprocessable waste. At no time shall CONTRACT COIWUNITIES and unincorporated County be charged a tipping fee for similar unprocessable waste which is higher thsn'the most favorable rate then currently being charged by the COUNTY or full service contractor at the disposal facility being used. 6.6 The CONTRACT COMMUNITIES and COUNTY hereby consent to the - _mac s 1 on and f W-swrvt c a r c h a rrga-1mr7r1ra n-t t o Section 136_D3(57, 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 realised by the COUNTY in any fiscal year by subtracting fraen the total tipping fees and other revenue of the resource recovery system, if any. (the "gross revenues") the projected or �d i s po rx x—v2rl f¢rt rcn s-�re r ttrn (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 servica charge to eliminate any estimated disposal obligation revenue shortfall for the ensuing fiscal year. (b] If during any fiscal year 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 shortf+ll 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 moot its c_u r r e n_t _._d f.,.a.p.o s a t obligations hereunder and to be reimbursed over a period of not more than twelve (ix) months for expenditures already made. (c) The CONTRACT COMMUNITIES 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 balls - — f o r f i- i rrsi—Eh e—te�r v# oat ha tg t-and _tire nta tit o d—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- B_9 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 130%, then haulers making deliveries during such fiscal year shall receive a tipping fee credit in on amount which the Resource Recovery Board estimates will reduce net revenues to 150% of said costs. ARTICLE 7 COLLECTION OF TIPPINO rEES 7.1 For tipping fees, the COUNTY shall bill the haulers with estabIIshed 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 c30) days of receipt_ 7.S Should any hauler fail to pay COUNTY within such thirty (30) day period, the hauler shall Do -liable for an aa(litiional one and one-half percent (i-^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, _37- Resource Recovery Board or any CONTRACT COPAMNITY to compel the hauler to perform its obligations. B i 1 1 i n g s . Ca) In the event of a dispute as to a billing, the hauler shall first pay the ful'1 Amount of the disputed charges when due and shall, within thirty C30) days from the date of the receipt of the disputed bill. give writton 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 f-s-put.e.....i $....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 hauler's appeal should it determine that the amount of the billing does riot comply with the terms and conditions of this Agreement. oi- Shau.�.___.,..--_.... s hauler disagree with the determination of the Resource Recovery Board. it may pursue any remedy available at law except withholding payment. 7.4 The COUNTY shall have the right to not reasonable insurance and credit requirements for participating haulers other than -38- governments] agencies. The COUNTY shall require as a condition of credit that haulers agree to the collection procedures in this Article 7 including the dispute -----—reao3utttr oil y-3.----._.......__..�-._ 7.8 Each CONTRACT COUMNITY 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. 8.1 ARTICLE 8 ANNUAL AUDIT 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 Eo---•ba-...mwsfe�varH-srirFt�-a--�r f--t-C4NfiR1tC'1'~CCfsB�ITJi�,TT'T'ES.ttke 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 IMPROVEMENTS - --- TC,--RESOUR-CICI-ECOV-DR---S-YS-'E ......•._ 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 wait* collected in each CONTRACT" COiAUNITY 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 ti me to time to incur additional obligations and indebtedness to pay the cost of acquiring, constructing and reconstructina 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 mould not be adequate to support the cost of such additions and Improvements, the COUNTY shall be authorised 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 iS percent in excess of the tipping fee as then established pursuant to Section B. Agreement. the COUNTY may, by resolution of its Board of County Commissioners, request the Resource Recovery Board to so increase the tipping fee commencing 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 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 COIWNUNITIES containing at least Si 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 rFeaas:- Irr-a Fsrrg—i arccordanee wirtil this subsection, the Resource Recovery Board shall rely conclusively on a statement furnished by the University of Florida Bureau of Eaono=ic and Business Research as to the current best estimates of the population of the raspective CONTRACT COUKUNITIES and unincorporated County. -41- (c) If the 91 percent approval required by subsection (b) cannot be obtained within six (63 months of the County Commission passing its resolution requesting a tipping fee increase and if the COUNTY cannot otherwise satisfy revenue requirements so as to incur obligations or indebtedness adequate to pay the cost of additions aad improvements necessary to meet the disposal obligation, the COUNTY, with the advice of the Resource Recovery Board. shalt calculate the tons per day by which current disposal obligation exceeds the capacity of resource recovery system facilities. The plan of _-- _ o peLA-t_ietrLs- w l 1 1 be r e v i s e d_bv the +� e-s-o1c e—R e-c ov c r y Board in such a manner as required to reduce, in an equitable, pro rat* 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, OBLIGATIONS UNDER THIS AQREMMNT ARE NOT INDEBTEDNESS OF ANY CONTRACT COMMUNITY OR COUNTY 10.1 The respective obligations of each CONTRACT COMWUNITY and COUNTY under this Agreemant 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 such CONTRACT COMWNITY or COUNTY. Neither CONTRACT COM UNITY nor COUNTY is obligated to pay or cause to be paid_any_amounts due under this Agreement except i 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 shell 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 Exaept.as set forth heroine 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 repreaentat_fv.a....-Qfthe othox pp.r.t_y or to --.-..._.. fiduciary responsibility or relationship of any kind whatsoever bo'taeen the parties. The obligations to this Agreement are not Joint, the obligations are separs-to and several between each of the CONTRACT COWUNITIES and COUNTY. Cr plc ARTICLE 12 MISCELLANEOUS 1Z.1 Assignment. This Agreement, or any interest herein. may not be assigned, transferred or otherwise encumbered, under aiy 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 the advice of the Resource Recovery Hoard for the Provisions -of solid waste disposal services under this Agreement. 1x.E State and Federal Laws. The pprovisions of solid waste disposal services' under this Agreement shall comply with III applicable state and federal laws. This Agreement shall be 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 servi complete and accurate accounting records for Sol Id. waste transfer or disposal services provided to the CONTRACT COlralsiCINITIES and unincorporated County_ The COUNTY agrees to maintain. or cause to be maintained information In sufficient detail to permit each CONTRACT COUWUNITY 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 l a-_ o- r -- h a-v a—n► o d e available to such CONTRACT COMUNITY 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, permitted or otherwise delivered under this ament,-.•-sha-14—he i-n—war-i-t4n-g-an-d—be—de-l-i-vered either may- ----- 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 COMMMITIES provided in Exhibit b and of COUNTY provided on the grra-t-u-re—page .,may-be--mwde--r-om- 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 (3) business days after the day of dispatch; notices and consents given by any other means shall be deemed to Have been given when received_ M MC 1E.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 adept such regulations. execute such agreements and do such wort as may be required by federal, state or local agencies as part of any such application for financial assistance to the resource recovery facilities. 12.0 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 represontations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained -- ire r errn trarl r _b a. -_a f f e-c t f ve -urr l _e a a_ -uo in a 04 in a rr r l e n document executed by the governing bodies of CONTRACT C01hD►1UNITIES and County Commission containing at least 31 percent of the population of all CONTRACT COMMUNITIES and unincorporated County. No modification or alteration shall be adopted which reduces the term of this agreement as provided in Article 16 hereof_ -46^ 12.7 Additional CONTRACT COUWUNITIES. After March 31, 1987, and throughout the'ter= of this Agreement, any municipal corporation existing under the lairs of the State and located in COUNTY which is not already a CONTRACT COiIMN1TY_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 "Nomilies". shall give written notice to the COUNTY and Resource Recovery Beard 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. cbI 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 COWUNITIES attached to this Agreement as Exhibits C and E, as such have been modified or amended as of that date. The effective crate or tnis egrevme following October 1-. he tc] 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 -47- solid waste and cost of such transportation by the Resource Recovery Board in the plan of operations if existing CONTRACT COMWUNlTIES mould be required to either modify their then existing operations or incur additional costs unless such existing CONTRACT COMMUNITIES waive this provision in writing to tb* Resource Recovery Hoard. [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 contingenoy landfill .capacity and other similar costs. The -• •R a sa u was—�e�o-v�e�y�Bo.a r•.d_... s h a h-.....�tp o n r r i t t w ���¢�esi..-o E. _. any municipal corporation eligible to become a Hominow, provide a quotation of potential Nominee's share of such pest 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 remaining life of this Agreement. Payment of such past costs to the COUNTY may be made as a lump rum by a Nominee upon becoming a CONTRACT COMMUNITY or may e made by i -e d u a7T3 1—tr[Tt-A-V aT[ t o o V e T t tf remaining term 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 has agreed to ell of the above terms and met all of the above conditions, the COUNTY shall give written notice to the Nominee, existing CONTRACT COMMUNITIES and Resource Recovery Hoard 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 1. 12.8 Confidentiality. Each. CONTRACT COMMUNITY acknowledges that information COUNTY obtains from a full service contractor be subject to confidentiality restrictlons_u.hder the _. construction contracts and service agreements to the extent consistent with applicable law. 12.9 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 _ ._ ._ —.Agr6ement-V:---such-a-t-- GFrrpprvFr ..a,...e...._o tifte maximum extent practicable in light of such. determination, 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 otherwrise affected by such action. remain in full force and effect. _4g- sentations and Warranties$ Legal opinions. Each of INTRACT COIISltiCUNITIES and COUNTY hereby represents and -t ,itsslf as fo11ows and asch CONTRACT— ITY hereby agrees to provide to the COUNTY's bond I and to the COUNTY's Ceneral Counsel a favorable I of its Counsel dated as Of such date that they 201y and on which they spay rely in furnishing opinion, full service contractors to the following effect: s duly organized and validly existing under the titutien and laws of the State of Florida. with full I—r-i�7h-��--�o+re-rind—a-u-t•l}ar-�t-y—to--sn-�s�i-r��a—artd Ira its its obligations hereunder$ Agreement has been duly authorised, executed and &red.by It and constitutes its legal, valid and Rg obligation, enforceable against it in accordance Its terms (except as such enforceability may be od by Article X, Section 13 of the Florida. tution or bankruptcy, moratorium, reorganisation 11y)f (c) Neither the execution or delivery by it of this Agreement, nor the performance of its obligations hereunder or the fulfillment of the terms and conditions -50- hereof = ci) conflicts with. violate$ or results in a breach of the Constitution. any law or govarnment regulation of .the State pf Florida, or any other local - -- law or ordinance or tti7 conflicts with, v i a l a t e s o r _ 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; Cd) Except for the procedures provided under Section 12s_oiCS7. Chapter 163 and Chapter 75 of the Florida -- .and s u-C­?r-a C i onra-s--h a s—a i r-aa-d­y been--t-ak asr. —n o approval, authorisati*n,,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 perforwanae of this Agreement by it: (e) 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 tho action$ to be taken by either of them or the powers to be exercised by either of them under this Agreement. ar 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 INDEMNIFICATION 13.1 To the maximum extent permitted by law, the COUNTY .and each CONTRACT COMMUNITY 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 " —owl- i _g�rtto rrs—urst d �� t xri-sr--Ay-tie eme n-�: -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 13 CESSATION i.._1f anK CONTR C-T_.-COMMUH_LTY,-._uzl %-car-po-a.t-&d-Cosa-t-y-or--=NT-T--- shall fail to perform or observe any of the material terms and conditions of. this Agreement for a period of sixty (80) 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 looney damages may be an'inadequate remedy for the failure to perform and that .the party giving notice -F�►--anti--�kod�e�o>;sEa-i-n-�t�ord-e-�--re-el-sri-r frrg-spe-c-i-f-i �- ___.. 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 M*-E by the waiving party. Such waiver shall be limited to the terms specifically contained therein. This paragraph shell be without prejudice to the right of any party to seek such just legal remedy for any breach of the other as may Ae available to 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 COAMUNITIES, 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 ARTICLE 16 DURATION 16.1 This Agreement shall be affective far each CONTRACT COMMUNITY and unincorporated County from the date of execution for a period ending twenty (20) years from the -- d to a Fie -!Wi ti s i o r�frti o 7r s auririisr�rr r r e c a��� - 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 an 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 day of f987 , 'and each CONTRACT COMMUNITY, signing by and through officers duly authorised to execute same. C 0 U N T Y ATTEST: Cour<-y Administrator and Ex- offlcio Clark of the Board of County Commissioners of Broward County. Florida BROWARD COUNTY, through its BOARD or COUNTY COMMISSIONERS r Chairman day of Approved as to form and legality by Office of Ceneral Counsel for Broward County, Florida SUSAN F, DELEGAL. General Counsel Governmental Center. Suite 423 113 South Andrews Avenue FoLLauderdale.._Florida 3.3301 Telephone: (303) 357-76-7600 Assistant General Counsel VICTORIA FIALXCWSZ! MNARD _sa_ C O N T R A C T C O M M U N 1 T T Name of Contract Commur,i:y NY vice y,yor _ &yaney rf. Stein 25th day at Marc^ 1 ! ATTEST: By �City Manager - }qt1{+ P. Kelly 1� �f 2 ' - -- 25th day of M"arrh 19 A7 City Clark APPROVrO AS TO FORM: (CORPORATE BEAL) Ct y-4 tame To --Izzzz A 8 yan p� ea�te STATE OF FLORIDA SS: COt7,1TY OF BROWARE __ T d-aY—,bef-ur -. n�ffi'cer r�u�auttiorize in the State aforesaid and in -the County aforesaid to take acknowledgmen personally appeared Sydney H. Stein, vice Hayor and John P. Kelly, City Manager to use known to be the personcdescribed 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 afuresaid this 25th day of March, A.D., 1987. MY COlQMISSIX1 E:TIRES: k _37- 1A G5LIC "Wr rvl! tc S1Atr OF 0`01:81 IT 9011ISS:09 tip [rrr 37•1110 10WO tNU ctltlAl 111. 119. 1 2. 3. 4. 5. 6. 7 s. 9. 10. 11. 12. 13- 14. EXHIBIT A NAMES OF THE CONTRACT COMMUNITIES i Fort Lauderdale Coral Springs Plantation Sunrise Deerfield Beach Margate Miramar Davie-_......._..._.. - Tamarac Lauderdale Lakes North Lauderdale Coconut Creek Cooper City Wilton Manors Pembroke Park Lau derdale-by-the-Sea Hillsboro Beach Oakland Park Hollywood 21. Lazy Lake 22. Lauderhill 23. Sea Ranch Lakes 24. Weston EXHIBIT "All A RESOLUTION ADOPTING A SCHEDULE OF SERVICE CHARGES TO BE IMPOSED UPON THE OWNERS OF ALL RES- IDENTIAL AND COMMERCIAL IMPROVED REAL, PROPERTY IN THEE 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 FOR THE HOLDING OF A PUBLIC HEARINGAND 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 detL-rmirred--that----a—disposa"bfigation—revtnue---shor-tfall---is - projected - occur in the fiscal year beginning October 1, 19 and ending September 30, 19_, and proposes that the schedule of service charges set forth in Appendix A to this Resolution be imposed as therein provided to most such disposal obligation revenue shortfall; NOW, THEREFORE, BE IT RESOLVED BY THE RESOURCE RECOVERY BOARD OF THE BRO ARD 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 to be imposed and collected as provided herein and in the Enabling Ordi-- _z_ trance; provided, however, that such service charges may not be imposed and collected until the public hearing provided for in Section 3 hereof ttaa been noticed and held. Section 3. Notice of public hearing Resolution shall be published In of the adoption of this fl newspaper of general circulation In the County at least twice with the first publication being at least twenty (2D) days prior to the date of public hearing. The notice shall be in substantially the following form: NOTICE OF PUBLIC NEARING A public hearing will be held in in—the.-.--c4t)�—of. 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 ...so.lid--wasle.__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 41 In the City of jp Florida, between the hours of a.m. and p.m. on. Monday through Fr►day t o an CtwOng 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 ----- ADOPTED the day of . 19� -4- SshedWe-af 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 I 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 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 feet" 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- Section Z. Determination of Billin Units fo_r Nonresidential. A. Biding Units o 5tdetc .0 T-dory up o qu'are 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 A Stations up to Square Feet; Auto Sales, Repair and Storage, uto 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 $qua-re--Fee_tTCamps up a _ Square_.l=eet; Light Manufa� uring..__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 Feat; 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 Squares Feet; Open Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, Fuel 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; —_.�rpharZages up to __.... Square Feet; tisortuaries-,__ Cemeteries C-remato.riums 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 resldentlal 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, commercW from to Squares 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 sr 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 > 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 Alley, Skating Rinks, Pool Halls, Arenas (Enclosed) from to Square Feet; Camps from to Square Feet; Ught 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, Condy Factories, Bakeries, Potato Chip Factories from to Square Feet; Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay Plants, Flock and caravel rlanis rrom io square r=I, .�arr:nyua�rry, 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 -13- 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 beet; and Petroleum and Gas from to Square Feet. C. Billing Units of Stores, t story in excess of Square Feet; Stores and Office, or residential combination in excess of Square feet; Office Buildin6s, 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 ""- q�i=met; ^�►u�Ce�,eparirµ aid-5i51=�ge, Auto Service Shops, Body and Fender -Shops, Garages (Commercial); Farm. Machinery Sales s Servicas 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 --Lo.u.nges,._._B.a.rS....1-n _-excess.—nf..---___....Square Feet; BowlinAllevs, 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 excess of Square Feet; Other Food Processing, Candy Factories, baKer►es, voraro unrp racrorres in excess or square reez; 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 Duilding 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 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 Im roved Real Pro ert subject to_.Individual Calculation. The following Nonresidential Improved Real Property shall pay an annual' Service jCharge 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 -letermina-*..or^. -off annual volume--o"oUd—waste ener..atec— y—the-aar4icular 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- ping 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 n ustria- , eaeavy qu pment anu actur- 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, Mac Colleges, Hospitals; State other than Military Forests, Parks, Recreational --- Areas.,---Ca11es�P.s;--Haspita.ls;_�edera! other -, -_than Military,_.__Forests, Parks,,, Recreational Areas, Hospitals, Colleges; Municipal other than Parks, Recreational Areas, Colleges, Hospitals; and Leasehold Interests. Section 4. Specific Service Charges. A. Improved Real Property. 13. C. VFM :eb z/12 /87 #87--403 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 5. Condominium Residence $ per unit per year 6. Cooperative Residence $ per unit per year 7. Retirement Home $ per unit per year a. Hotels -Motels $ per unit per year. [Nonresidential Improved Real Propery. Base Rate per Billing Unit per year. Certain Improved Real Property -- 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 - 12- NAMES TO WHOM NOTICES ARE TO 13E DIRECTED 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 Plantation 406 N.W. 73 Avenue .PIantation, 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 C.W. 45 Street Davie, Florida 33314 —59— 9. Mayor City of Tamarac 7525 N.W. 88 Avenue Tamarac, .Florida 33321 Mayor City of Lauderdale Lakes 4300 N. W, 36 Street Lauderdale Lakes, Florida 33319 11. Mayor City of North Lauderdale 701 S.W. 71 Avenues North Lauderdale, Florida 33068 12. Mayor City of Coconut Creek 4800 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 IMTOM IS. Mayor Town ofHiilsboro Beach 1210 Hillsboro Mile Boulevard Hillsboro Beach, Florida 33062 19. Chairman, Board of County Commissioners Broward County Governmental Center - Room 42I 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 Grate House Road Sea Ranch Lakes, Florida 33308 25. Mayor City of Weston 2500 Weston Road, Suite 101 Weston, Florida 33331 —61— rM ORDINANCE NO. AN ORDINANCE ESTABLISHING SOLID WASTE FLOW CONTROL PURSUANT TO SECTION 403.713, FLORIDA STATUTES AND SECTION 3.3 OF THE INT12LOCAL AGREEMENT DATED NOVEMBER 25, 1985 BY AND BETWEM THE CONTRACT CORKUNITIES AND BROWARD COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL SOLID WASTE GENERATED WITHIN (THE UNINCORPORATED AREA OF TIM 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 CO=Y OR ITS GEOGRAPHICAL ROMMARIES] UPON DELIVERY OF SUCH SOLID WASTE TO SAID -_- -- RECOVERY ---SYSTEM;AND anaG '-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 i,rhich- under-takesrE2Snure'a *cove ry—Qx---so-lld_..waste—purr-su-ant—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 443, 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 interlocal Agreement, dated November 25, 1986, (the "Interl.ocal -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; and WBEREAS, 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 WnEREAS, 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 da, ..-that-: --- Section 1. gindings. Tne findings set forth in the foregoing preamble to this Ordinance are hereby approved and confirmed. Section 2. pgfihitions. -3- 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 _Co_mnunitigg. 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 t erlocal Aerment. (b) o n 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 lnterlocal. Agreement, dated November 25, 1986, by and among the County and the EEC Contract Communites, .as amended or supplemented from time to time pursuant to the provisions of the Interlocal Agreement. (a) ge5oar= 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. M s lic id__waste. The term "solid waste" shall have the meaning set forth in Chapter 403, Part 1V, 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 Broward 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 Contr (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 i entifie-d-_ 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 ecovery , system cransrrr _fir disposal facility or facilities designated in said plan of operations. (c) The (city of , or the Board of Commissioners of Broward County,) Florida will conform the terms and cond.itioas 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. Q-C 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 ay o , 19 By: —7— [GOVERNING BODY] Title: EXHIBIT D ORDINANCE NO. 87-3 AN ORDINANCE CREATING THE BROWARD DI5PaAL DISTRICT; ^PROVIDING FOR ITS GOVERNANCE BY THE RESOURCE RECOVERY BOARD AND THE TERMS, COMPOSITION AND DUTIES OF SAID HOARD; 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 -SUC14...... .SERVICE CG1 S--WE-RE IMPOSED?; PROViDtNO 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, Broward County, Florida (the "County"), is authorized rsuant to Section 125.010)(k) and (p,_respectively, Florida Statutes,_U 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 -under -takes resource -recovery_ ---ol=-solid -waste-may_eor-troi-two 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 the Count and Contract Communities each have u41_,-- will WHEREAS,~- y 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 Interiocal 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 e. provided mun c pal services ariff 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 am County ordinance and to be approved by ordinance of each Contract itv: and WHEREAS, the County and Contract Communities have further agreed or will further agree in the lnterlocal 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. For the purpose of this Ordinance, the definitions contained 2.01 DEFINITIONS. in the lnterlocal. 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 (a) Addendum means the list prepared by the Property Appraiser er- 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. (b) Chairman means the Chairman of the Resource Recovery Gard and any successor to his functions. (C Commercial Improved Real Property means all Improved Real Property -'primarily ' used" Tor commercial activities and enter - for residential excludes all Im roved,,.Re rimari enter- prises and excludes p aI�W�_p ice -used_......_._ 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 SES 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 wit#ln-the ourrty--which--rare bot"arties�P—e Interlocai Agreement and included within the District. (f) Counter 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. Mc (h) District means the Broward Solid Waste Disposal District, a special district created by the Ordinance pursuant to the authority ranted by Section 125.01 (5), Florida Statutes, and any successor thereto. (i) Disposal Obligation Rcvenue 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 o any year and ending on the last day of September of the following year. (k) Fu-IT Service ontrac ors means a person, arm or corporation w ich 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 thi 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 ^--- i iriC —or,_ other —rxnii government nut located -wi it t�i� District but which is the Owner of Improved Real Property within the District. Cm) 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) (0) (p) (q) ( r. ) (s) 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—W soticl- wsfe �vtlecfeciwitiirt_-their boundaries to be delivered to the Resource Recovery System and to pay for such services as provided therein. Notice of Lien means a Notice of Lien filed pursuant to Section 9 o this Ordinance. Ordinances means this Ordinance adopted by the County Com- mission on March 10, 1987, and any amendments or supple - meets thereto. Owner means a person or. persons owning an interest in lmproved Real Property located in whole or in part within the District. Person means an individual, firm, partnership, eerporation, association, executor, administrator, trustee or other legal enttty-,-Phetirer-singular--or - plural;-mascu-Fin-e--or-feminine; as -- the context may require. 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) (v) Resource Recovery Board means the Resource Recovery Board created by Section 4 of this Ordinance as the governing F%nnrri of the District and anv successor thereto. Resource RecoverX System means the resource recovery facili- ties w ich are-or�Fe-caused�a--be _con-structedTopera-ted,-- - 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 oard 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. 85-3007 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(S) , Florida Statutes, and pursuant to Section 7 of this Ordinance_ - - (zI � ervice a e_._-Rofr means t" p"rpare a ase ... 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 Gounty to pay the cost of acquiring, constructing and equipping the Resource Recovery System at any time outstand- (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. -8- Section 3. CREATION OF DISTRICT. 3,0-1-pursuan-to authority—grar>d-.-by-ection� 25.0 t �S� Rlorida __ 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 oy an orainance ouiy auvptcu uy the yvverning ovuy u, 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 I 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 shell 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 irearest---to the fnedian-in-size-teased-upon--pvpu-iation-for a to M 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 11) year in each add -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 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(a) 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. 5.07 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. -11- Section 6. POWERS AND DUTIES. 6.01 The Resource Recovery Board shall perform all dugles._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 REXTING. 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-Recavetry�Board-- shaIF, based-on-consultation--rw-Ith -the- LOUn y, 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 -12- event no such Disposal Obligation Revenue Shortfall is projected to occur, _no .€urther--action-need-be -talfen lf-a-Disposal-Obligation-Reve-nue.-ShortfaW----. is projected to occur, the Resource Recovery Board 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 Improver! Real Property in the District to prov 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 adoptedby_ 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 6.14(b) of the lnterlocal Agreement. Section S. SCOPE OF SERVICE CHARGE; TIMING: DISCOU ; D Ll Q ENCY. 8.01 The Service Charge shall be imposed against the Owners of all real property in the District 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 1 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 (4%) in the month of November; three percent (3%) in the month of December; two 5UM percent (2%) in the month of January; and one percent (1%) in the month of 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 on the first (1st) day of each month thereafter until said Service Charge is paid in"flu 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.o2 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 amaunl or tiie initial penalty as provided in Section 8 of this Ordinance, a legal t le the Hen and the name of the Owner of such Improved Real property as indicated on the real property assessment roil 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; fflScRT09 Z5F KEEOR595 LIEN. 10.01 The Tax Collector is hereby vested with the power, and it ,—to--callect----payments--of--all -current Service -Charges November 1 of the Fiscal year for which the Service Charge is imposed through the first (1st) 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. . -1s- 10.02 The Tax Collector shall mail a Second notice to all Owners of I mp roys!__Rea L—ProWty—htha . �_hd_.._the--applicabLe__ServciceCge 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 Charges 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 Board of the aggregate amount due for such outstanding Service Charge plus, when delinquent, the initial penalty plus the additional penalties provided in Section 0 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 Admini_st_rator shall prroperl-y....ca.us.e—evicl�gt�• 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 zatisfied by payment, together with all accrucd --—penalties- ptus--costs--arrrd—rteasvnable -attorney}. fees, 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 REMOTION; TION; ALCULATI N SERV 1 HA G . 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 -Is- parcel, the rate classification applicable to each parcel of Improved Real __Praperi�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 read 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 elate anrmine�suc 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 this 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 be prepared an Addendum to the Service Charge Roll Containing arty parcels of Improved Real Property not incorporated into the Service Charge Roll bet constituting Improved Real Property on the first (1st) day of January prier to the Fiscal Year for which the Service Charge is to be imposed. Included in such Addendum shall be ony change in the information specified for rack parcel of property on the Service Charge Roll. Such Addendum to the Service Charge Roll 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 Coll 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 RE OR ON DELINQUENT SERVICE HA 13.01 The Tax Collector shall mail to each Owner.--szf_-,Imp,rov-ed—Real— --- Property included on the Service Charge Roll and Addendum. if anv 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 Fro�sserty�f-in--thmorr-cf--thE—Resource---R'!coveryl3-6ancT,--s-­u­ch procedure will facilitate the billing and collection of such Service Charges. Section 14. CORRECTION OF ERRORS AND OMISSIONS; PETITION TO REOURC ECOVERY B D. 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- of tl�i�"Ordir c p�`avid�d� h�weve�; ttra�� rsy acts 0 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 any Service Charge Roil 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 -21- 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 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 for the Fiscal Year in which nuch error is discovered plus tl-ie applicaB�Sei=vice Charge mar ..tide primtwo—(Fiscal Years if s c�— Improved Property was subject to a Service Charge for each such prier 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 (4%) 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 firsf f s o _days—[ cto er a e F�s`catfYear " in whic such resolution is adopted by the Resource Recovery Board. -23- Section 16. SERVICE CHAR GE_TOCOVER NMENTAL 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 --- B..Gp-VERNMENTAL-AGENC--E-S;--A;h tiv'PM— tt ---- 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 77 of this Ordinance shall be construed to create a lien for such Service Charge oil such leasehold only and such lien' shall riot attach to the Improved Real Property. 17.02 The provisions of this Ordinance, including, but not limited to the provisions of Sections a 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 SCARD TO XCI. DE CERTAIN XREAS. .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 —Ma -Property OCated wtttVh -the exclude cf 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; (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 ncor future. Section 19. APPLICABILITY OF SERVICE CHARGE TO TTkX-EXEMPT IMPROVED REAL PIMPERTY. 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. ent Section 20. VACANCY ADJUSTMENT FOR COMMERCIAL_ IMPROVED REAL PROPERTY. 20.01 An Owner of Commercial Improved Real Property shall be an adluslindnt--- for-the""Service Ch;yrg—to—be--Jss-e3s-ed-a-gain�h- 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.....Imp.ro.ved ReL—shal-l-Aile..... with the ResourrA—Becavery. _, ......... 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"regu ar or special ee tTMq- "-The--Res Bcar`d- 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 rge._,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 21. SBVERABIt_ITY. 21.01 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- aF eietteredand—fl• a ward '-'ror�lc finance may a cfianged 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 jHEUESY CE 'l—r-Y:1L"ci' C net It an V1=M:ed 2111 /87%� • S. f?� l.`Y ��% 87-403�� .%L. �_�� w .. W410i MIBLT E ORDINANCE NO. AN ORDINANCE APPROVING THE TERMS AND CONDITIONS OF ORDINANCE N0. I , ADOPTED Hy THE aoARD OF Co[3NTY do—H IssioNERs of BROWARD COUNTY, FLORIDA, ON , 1986 AND THEREBY EVIDENCING. TEE ELECTION OF THE CITY of , FLORIDA, TO BECOME A ME"ER OF TSE BRowARD SOLID WASTE DISPOSAL DISTRICT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, because of the contour, elevation and high ground water level of Hroward County, Florlda (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 landfill.ing as the sole method of disposal of solid waste oenarated__bvthe- 'dents 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, 1985 (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 provided municipal services and facilities from funds derived from service charges, special assessments or taxes within the special district only. NOW, TSF.REFORE, be it ordained by the [governing body of Contract Community], Florida, that: Section I. ��- The findings set forth in the foregoing preamble to this Ordinance are hereby approved and confirmed. Section 2. 22jj Ltt ons. 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 -y_ include the future, words in the plural number include th singular and words in the singular number include the plural. �re�ard__"shakl:". _xs�lways--mandatary—an�no-t�e�e`k�-d-r�ee-to-�� .-- — (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 word "County" shall refer to Broward County, Florida; a political subdivision of the State of Florida. (c) interlocal Agregal, at,,. 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) Hesource_ Recovery_ Board. The term "Resource Recovery Hoard" 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 pursuant to Ordinance No. Section 3. A roval of Creation of Di . (a) The creation of the District and the establishment of the Resource Recovery Board as the governing eW10 board of the District and the terms and conditions of Ordinance No. , approved by the Board of County Commissioners on 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 Board of County Commissioners on , 198_. Section 4. Effective Date. This Ordinance shall become effective immediately upon compliance with any statutory DONE AND ADOPTED in regular session, this day' of , 198. By: -4- [GOVERNING BODY). Title., Page 1 of 2 County's Costs of Meeting its Disposal. Ohl enf- 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_ con ing_ency iandfill 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 Z S. The tipping fee for processable waste specified in Section 6.Zta) 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 0.0E gr/dscf at 18% COZ. If* gold gas controls are assumed; b. The rate paid the northern and southern facilities f.;rll-.e.rvice coat r-Actors by -thu_ nureh"ear ..off electrical anergir will be $0.0385 and 90.0531 per lCilbwatt hour respectively) and a. The average annual interest ratty on the Broward County Resource Recovery Revenue Bonds. Series 19g4, is eight percent. 6. Differences in the assumptions listed in paragraph 5 of T T-s`Exh i b i t ► i ci�i�[ re a se�lre—EOUNT�"a ors t sit rrti ng—tt _...._-- 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 processable waste as specified in Section 6.21b) of the Agreement. EXHIM 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 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 FIRST AMENDMENT This First Amendment dated for convenience October 1, 1992, to the Interlocal Agreement .with Broward County for Solid Waste Services, Disposal Ss, -- _/ P ----- .. 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 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 Industries, of Florida, construct, operate, and (MRF) for the COUNTY and (8) years. CY has -secured frart ::[7 ng Ferri - Inc., (BFS) a comprehensive proposal to maintain a Materials Recovery Facility CONTRACT COMMUNITIES for a term of eight NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows: z. Except as may be provided in this First Amendment, all defined terms used herein shall have the sage 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 Recovery• FAC. i l iry, reading as follows: ._ 2.26. Materials ecovvery--Facility--,CGr-"�7met. The term "Materials Recovery Facility Contract" shall mean the contracts entered into between COUNTY and Browning -Ferris 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 ----—cirn-structec , wyerated-1 _.___..maxntarirre�� _.m.._.. 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 deeinecl t.v be et part ur 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,R Materials Recovery Facility including reasonable adm.inist rduive Qoats_ Arty futures 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 (loot) 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 relative composition composition of the materials delivered. In the event any non -contract community or 'other governmental entity enters into an agreement with COUNTY to us.e the MRF, all net revenues from such entity will not: be calculated as part of this Agreenent unless the entity executes an Agreement with the COUNTY which provides terms_ and conditions which would allow it to kie considered a CONTRAfrT C'OMMUTNTTY for. MRF funding purposes only. FIRST AMENDMENT 1NTERLOCAL AGREEMENT WITH B,ROWARD COUNTY FOR SOLID WASTE D15POSAL SERVICE TN WITNESS WffFPFO'F, thA parties hnratn have made and oxecutaa the respective. -- -dates under --each siguatujQ'a'---- BROWARD COUNTY through its Board.of COUNTY COMMISSIONERS, signing by and through its Chair o Vice ChC1ir, Guth rized to execute same by Board. action on the day o£ r-' 19 qZ, and the Contract Community signi.n by and through its , duly authorized to execute same. C 0 V Nw,T Y ATTEST?;=f' BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS Ex ofici C13X"a of of Couaty'Agmmissic Browarc;,�Coda?tyo.U, '�$ e Lard Chair s cif a.'� 2" day fawz - 19 3 Approved as to form by the Office of County Attorney Broward County, Florida JOHN J. COPELAN, JR., County Attorne Governmental Center, Suite 423 115 South Andreas Avenue Fort Lauderdale, Florida 33301 Telephone: (305) 3S7--7600 Telecopier: (305) 357-7641 By _.._wv� _ NOEL M. PFEFFER Deputy County Attorney WITNE'SS ATTEST: CAROL A. WXZ =1 11 =J< CITY OF TAMARAC APPROVED AT MEETING OF 4i - ;- � -'� --� Nt•',P : dp 11/19/92 #92-14,3.07 SOLID.ILA FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID W;,STE DISPOSAL SERVICE CONTRACT COMMUN I T Y CITE' OF TAMARAC Name of Contract Community By ayoz Co-mmissioner H L. T3=ER day of Hy ity manage any of 19L^ Approve City AttorneS FaTCl=.,L S . KRAF"I' 4 Exhibit H S E C D N D A M E N D M E N T ____..__Z. N T E R L 0 C A L A_C.—,R E E M R N_-z-_ W x T H H R 0 W A R D C O U N T Y F O R S a L I D W A S T E D I S P O S A L S E Ft 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 forounvenience 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 Munici.palitinc whose names appear in Exhibit "A" of—the--Inter-local---Agreemerrt—(-"-CONTIRAeT�OM�F1T-�S"- . 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 waaLe Program through Lhe 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 remove hazardous substances from the waste stream. NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows: Except as may be provided in this Second Amendment, all defirred--texms- used herein --sharrhave the sam s 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 G, Tipping Fees and. Service Charges, shall be amended by the addition of new Section 6.8, 'reading as follows: 6. 8 Mousehuld Haza:rcicaus Waste Fur-lai 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 processi,ble 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 Chai authorised to e��ccacute same by Board action on the 1 day of , 19 7I-3, and the Contract Community signing by and t ugri its duly authorized to execute same_- ATTEST: C U N T Y BROWARD COUNTY, through its HOARD OF COUNTY COMMISSIONERS 'A 17'5'Ufit-y AdmS.nis ator and By i�6 Ex officio Clerk of the Board Chair of County Commissioners.,f''�''�W;; 14r Broward County, Flortia� ui ` �' • ' day off , a.90 fit, 4proved as to form by the Office of County Attorney Broward County, Florida _ OHN J. COPELAN, JR., County Attorney :'Governmental, Center, Suite 423 `- 115 South AnarewS Avenue Fort Lauderdale, Florida 33301 _....,.-- _. _._. Telephone-: (3-0.5.) 3 . Z5�►__.._.__ Telecopier; (305) 357-7641 By, dw NOEL M. PFEFFER Deputy County Attorney or= e-q3-%v0 SECOND AMENDMENT INTERLOGAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE O N C O N I T WITNESS ATTEST: CITY OF TAAiARAC APPROVED AT MEETING OF 5- 3 NMP:dp 4/5/93 l92-143.07 SOLID.IL3 �C Name df Contract Community By ayo — Commissioner 3 day of 19 By=,q 'r r /City Manager .doh n - 13e\1 L__ day of...._ prov d t for City Attorn rM -3- EXHIBIT I THIRD AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY rOR SOLID WASTE DISPOSAL SERVICE This Third Amendment dated for convenience March 1, 1993, to the Interlocal Agreement with* Broward County for Solid Waste Dispaaa1.__ser-vLcA,, dAtld—fSor.__conYeIIierice—N-ovombar—TAnd the First Amendment thereto, dated for convenience October 1, 1992 (the "Interlocal Agreement"), is made and entered into by and between: 5ROWARD COUNTY, a political subdivisio6 of the state of Florida, hereinafter referred to as "COUNTY," And the Municipalities whos4 names appear in Exhibit "A" of the Interlocal Agreement ("CONTR)LCT COMMUNITIES") . W I T N E S S E T H WHEREAS, the League of Cities, an behalf of several CONTRACT COMMUNITIES has requested that the COUNTY agree to certain changes to the Interlocal, Agreement as more specifically 'describad in this Third Amondmentj and WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the Interlocal. Agreement in accordance with the termo of this Third Amendment for the purpose. of: (i) recognizing certain outstanding _.._...._ i�e�rted-�tes-e�whch--ha-s--bas-�t—;•�to-ffn�he--Rasour�e 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 has`a final maturity later than the term -of the Interlocal Agreement, and (iv) relieving the COUNTY of its obligations in the event the CONTRACT COMHUNYTIES do not approve a request by the COUNTY for such indebtedness. NOV, THEREFORE, IN CONSIDERATION of the mutuai terns, conditions, promises, covenants and payments hereinafter net forth, the parties agree as follows: I. Article 16. Duration, shall be amended to read as follow$: 16.1 This Agreement shall be effective for •ach CONTRACT COMMUNITY and unincorporated COUNTY _._-- rom--t-ha--date--of—e~xecuti:on--until Ju-ly-2-i--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 16.3 xrom the Board. Subjact to the requirements of this section, the COUNTY &hall be the final authority to determine whether to proceed with the issuance of any indebtedness with respect to the Resource Recovery System. In the event the COUNTY determines that in -�rd �r�v_-pe��or�a�ry- . �f�te—ebl igatiIIrtsr-uttdar this Agreement, it is necessary to incur any indebtedness suppbrted by any legally available runds of the Resource Recovery System with a final maturity data after July 2, 2013, and the COUNTY is unable to obtain approval, to ext4nd the term of thi.a eqreament in connection with indebtedness to be incurred as required by Section 16.2, then in such event and subject to the ter3as of Section 16.4, the COVHTY shall be fully and completely excused and relieved froa► performing any of Its obligations under this Agreement which cannot be performed as a result of the failure to agree to an extension of the term of the Agreement. 16.4 The parties acknowleedge the ex1stence of the following indebtedness issued to finance the _.. - urde Recovery System; 238,935,000 8roward County, Florida, resource Recovery Revenue bonds, Sarleas 1984 (Sroward Waste Energy Company, L. P. North Project), $266,965,000 8roward County, Florida, Resources Recovery Revenue Bonds, Series 1984 (SFS 8roward Company, L. P. South Project), $4.8,140,000 8roward County, Florida, Solid Waste System Revenues bonds, Series 1993A, $15,605,000 8roward County, Florida, Solid Waste Systems Revenue Bonds, Seri*4 1993B, and $12,17S, Ob0 erowaxd County, Florida, Solid Wastes 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 tak#ng n acti"cn oar bier OrM n any art"'" required to fulfill the obligations, representations, and covenants of the COUNTY with respect to the Outstandinj Indebtedness and any agreements, contracts or other doeUmesnts related to the Outstanding Indebtedness. It is the understanding and -2- intent of the parties that the Third "andmant shall in no way interfere, limit or ot:hervise adversely affect in any manner any of thw obligations of the COUNTY and CONTRACT GOMHUNITIES with respect to the Outstanding Inclwbtadness and any agroaments, contracts ox- _.._... --other docunittits___r•tls-t&d—to---tha-----Outstanet ing----...- Indebtedneas. Except as modified herein, the Int erlocal Agreement among the parties shall remain in full farce and effrct. IN WITNESS WHEREOFs the parties hereto have made and executed this Agreement on the respective dates under •soh mignature: BROWARO COUNTY through its BOARD Of COUNTY CCiMISSIONM6, signing by and through Its chair or Vice Chai uthorised to execute same l. by Board acton on the ,,� day of ,2- , 14 eL, and the CONTRACT COMMUNITIES sign ng by and through.1ts , duly authorized to Execute sarOe ATTEST: Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida m IS S.Y F-�-1 iLT y r e 9 -3- day ts COUNTY COMMISSIONERS p Approved as to form by Office of County Attorney Brow'ard County, Florida JOHN J. COPELAN, JR., County Attorne} Governmental center, Suite 423 125 South Andrews Avenue Fart: Lauderdale, Florida 33301 Telephone: (305) 357-7600 Telecoplar: (105) 357-7641 NOEL IX. PFEFFER Deputy County Attorney Ci THIRD AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE WITNESS ATTEST: C„�ro \ `A • ova ►-� S CITY OF TAMARAC APPROVED At NEUING OF, - c> NMP:dp :a cx ,r Ck Nan* of contract Coi;un ty By . �. yor comet ss onrr C ty Manage day o 7 4 ,__, Ap0roved,,A,# to city Attprney U f92-237 RRS.A01 EXHIBIT J FOURTH AMENDMENT INTERLOCAL AGREEMENT WITFF BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE FOURTH ALf EMDMEN 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, 1996, and the Amendments thereto the "Inerloca _Agreemen��)_,. is�aded�..._.. 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 "A" 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 all 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 Hoard, to hire an executive director and legal counsel who would report directly to the Board, and provide advice 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 par -ties agree ae ±ollowo: 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 svx r .._xee rvery yst m.-it i he--intent—o-f —the Resource recovery Board to hire an executive director and legal counsel in place of.the current COUNTY staff, and the COUNTY is specifically rf+leased from the responsibility to pr_ovidA 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, on 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 accordance With law- The COUNTS' shall continue 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 p rang p ��irr�tas -weSl as the otlTeff"'d-k-p--enditures 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 hereln, the Xntez1uaa2 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 a�Vice Chair �autha lzed to Axecute same by Hoard action on the e day of -- � 1 �G and the CONTRACT COMMUNITIES si� ng' by an t_, abbugh its duly authorized to execute same. ATTEST: EX -Of ficio the Board Con=izz i, on County, F14 CO 1N BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS inistrato �• �d,} By Cle,71; + g r aahair 4 of N. e4`••$rowazd`���C/ day D 19A _ O : C' • g T =Approve t form by c: :Office o County Attorney Broward County, Florida JOHN J- COPELAN, J'R. , County Attorney Governmental Center, Suite 423 115 South Andrews Avenue ,3 Fort Lauderdale, Florida 33301 Telephone: (305) 357--7600 Telecop'er: (305) 357-7641 By or No L M. PFEFFER Deputy. County Attorney -2- FOURTH AMENDMENT TO INTERLOCAT, LID WASTE DISPOSAL SERVICE NGREEMENT WITH SRO1v:;. ' COUMTX FOR acm= C MMUN TX WITNESS _ _ -- - Name ram oinmunity By0 - Ma ox -� CommiS$;' nor Noyman Abramowi4. day of .�ruc[.y/, ATTEST: __-City Manager Robert. S. Noe, Jr. day of e, Pgrol A. Evans City Clerk ,ppr . d as -,to art: City Atrerrneyy� Mitchell S . " raf t 0 NMP:dp 1/12/96 ,F93-137.04 RRS.AO2 EXHIBIT K FIFTH AM1=UDMENT 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, 1985, by and between Broward County, a political subdivision of he State of Florida. bv and .thts BoarcLof-.County issioner-s, -CCOU-N hand her Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES"), WITNESS ETH WHEREAS, the Interlocal Agreement was entered Into, In part, based upon enabling legislation contained in Section 403.713, Florida Statutes, which specifically authorizes local govemmeds 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 Contrast 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 Clarksfown, which held that a local flow control ordinance that required all local waste to tea processed at a single designated facility effectively prohibited export of waste beyond state linrs without the initial local processing, thereby discriminating against interstate bommerce and was, t�ierefofe,-a-violation-vfthe-Commerce Ciaus"f-th-e .—C—onstitrrti 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 Citles 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 waste gcncratod within their respectivo geographic boundaries be delivered to the resource recovery system transfer or disposal facility or facilities designated in the plan of operations. The solid waste fbw 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 provison 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 enfme-,._ 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 Courty 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 th'rd party beneficiary of such enforced provision. 3. Excapt as modifred herein, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WIJEREOF, 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. 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 i* Clerk of the Board of Count Commissioners of Broward Florida tfipio 1' ' Cl5air d�aJ '.;,-, na :7 3 do y of anty;•,...,. Approved as to form by Office of the County Attorney 115 south Andrews Avenue Fort Lauderdale, Florida 33301 By Noel M. Pfeffer Deputy County Attorney Exhibit L SIXTH AMENDMENT This Sixth Amendment dated as of If / 2 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 Honda, 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 (Wht.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 I 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 RecoveBoard 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 parries 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 sLiall be added to the Interlocal Agreement and shall read as 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 ' 2001 A (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 WASTE DISPOSAL SERVICE CONTRACT COMMUNITY Joe Schreiber, "Mayor WITNESS City of Tamarac ATTEST: U, ____approve as to orm: City �rney 0 By .-3 / day of a u � c y 1 ', 1999 0 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 WrlNESS WHEREOF, the parties have hereto made and executed this Agreement on the res-pective datrs under...each-signatu :) i Q gRD G4U TV oug-h-4&1 E0ARD-OF-CGUNT-Y— COMMISSIONERS, SIGNING BY AND 'HROUG ITS�air or Vice Chair, authorized to execute the same by Board action of the �y`zlay of , 2001, and by the CONTRACT COMMUNITIES signing, by and through official(s) duly4iuthorized to execute the same. ATTEST: Couty Administrator and E`x--6ejcj0 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 13Y ,Noel M. Pfeffer Deputy County Attorney COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS C� D B.. (2 4 � V Chair day of , cr.�•c� , 200t- SIXTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE CONTRACT COMMUNITY uIllmlls al'-& IA-1 . Marion Swen on, CMC City Clerk Date: CITY OF TAMARAC By: T-e' Joe Schreiber, Mayor Date: Jeffr L. Miller, City Manager Date: Appr ed s t far Su cienc Mi ell S. Kraft, Date: ttorney SEVENTH AMENDMENT This is a Seventh Amendment to the Interlocal Agreement with Broward County for Solid Waste Disposal Service (AInterlocal Agreement@ or ILA@), which Interlocal Agreement is 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 (ACOUNTY@) and the Municipalities who are parties to the Interlocal Agreement (ACONTRACT COMMUNITIES@). This Seventh Amendment is dated for convenience the /' day of 200. WITNESSETH WHEREAS, the composition of the Resource Recovery Board (ARRB@), the governing body of the Broward County Solid Waste Disposal District, is set forth in Section 5.2 of the Interlocal Agreement without expressly providing for temporary alternates for either County or Municipal members of the RRB who may be unable to attend a particular scheduled RRB meeting; and WHEREAS, it is the desire of the parties to the Interlocal Agreement to amend the Interlocal Agreement to provide the express authority and general procedure for the appointment of temporary alternates to foster the consistent attainment of a quorum and the completion of the important business of the RRB; and WHEREAS, the composition of the Techrkal Advisory Committee, (ATAC@), serving in an advisory capacity to the RRB and the County, is set forth in Section 5.7 of the Interlocal Agreement without expressly providing for the appointment of alternates for the municipal members of TAC who may be unable to attend a particular schedules TAC meeting; and WHEREAS, it is the desire of the parties to the Interlocal Agreement to amend the Interlocal Agreement to provide the express authority and general procedure for the appointment of alternates for the municipal members of TAC to foster the consistent attainment of a quorum and the completion of the important business of TAC; NOW, THEREFORE, the parties to the Interlocal Agreement do hereby agree to amend the Interlocal Agreement as follows: Except as is provided in this Seventh Amendment, all defined terms used herein shall have the meanings as ascribed to them in the Interlocal Agreement, as previously amended. 2. Section 5.2 of the Interlocal Agreement, relating to the composition of the RRB, Shall be amended by the addition of the following new language at the end of the existing Section' As to those members of the RRB appointed by the COUNTY: Notwithstanding the foregoing provisions of this section, any member of the RRB who has been appointed by the Broward County Commission, as provided above, and who is unable to attend a scheduled RRB meeting may, upon the provision of at least 72 hours advance written notice of his or her unavailability to the County Mayor and the RRB Executive Director, seek the appointment by the County Mayor of a temporary alternate County Commissioner who is not then an appointed member of the RRB. The Mayor shall have the power to appoint such at the scheduled RRB meeting provided the appointment is made by the Mayor in writing, with a copy of the appointment provided to the RRB Executive Director, at least 24 hours prior to the RRB meeting. The attending alternate shall be fully authorized to act in the place of the unavailable RRB member except as to the assumption of the duties of the RRB Chair or Vice Chair if the unavailable RRB member holds either office. As to those members of the RRB appointed by the CONTRACT COMMUNITIES or by the President of the Broward League of Cities or its successor organization: Also notwithstanding the foregoing provisions of this section, any member of the RRB who has been appointed by a CONTRACT COMMUNITY or by the President of the Broward League'. of Cities or its successor organization (the ALeague ofCities@) from its member cities who are CONTRACT COMMUNITIES, as provided above, and who is unable to attend a scheduled RRB meeting may, upon the provision of at least 72 hours advance written notice of his or her unavailability to the President of the League of Cities and the RRB Executive Director, seek the appointment by the President of the League of Cities of a temporary alternate municipal elected official who is not then appointed based on population. Any requested temporary alternate shall be an elected official from any respective CONTRACT COMMUNITY of the unavailable RRB member. Regarding any of the RRB municipal members appointed by the League of Cities, any requested temporary alternate shall be an elected official from any CONTRACT COMMUNITY other than those represented by an existing RRB member who has not provided notice of his or her unavailability for the meeting for which a temporary alternate is sought. The President of the League of Cities shall have the power to appoint such temporary alternate to attend and to act in place of the unavailable municipal RRB member at the scheduled RRB meeting provided the appointment is made by the President of the League of Cities in writing, with a copy of the appointment provided to the RRB Executive Director, al least 24 hours prior to the RRB meeting. The attending substitute municipal official shall be counted toward the quorum of the RRB. meeting and shall be fully 2 authorized to act in place of the unavailable RRB member except as to the assumption of the duties of the RRB Chair or Vice Chair if the unavailable municipal RRB member holds either office. Section 5.7(a) of the Interlocal Agreement, relating to the Technical Advisory Committee, shall be amended to provide as follows: 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. In addition to the regular TAC representative, the chief administrative officer may also designate an alternate representative, who performs similar functions for the CONTRACT COMMUNITY, who shall also serve until replaced. Alternate representatives may attend and participate in the TAC meetings or TAC subcommittee meetings, but may only be counted toward a quorum and vote in the absence of the appointed representative. The Resource Recovery Board may appoint for two (2) year terms up to five (5) additional members representing waste generators, recycling or environmental interests and private waste collection companies. 4. Except as modified herein, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereto made and executed the Agreement on the respective dates under each signature: BROWARD COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice Mayor, authorized to execute the same by Board action on the J_ � day of J'�Lpcxomba,200�, and by the CONTRACT COMMUNITIES signing by and through officials duly authorized to execute the same. /_II00 .'15 COUNTY BROWARD COUNTY, through its BOARD OF COUNTY COMMISSIONERS r Executed this) e`day of 2004. AAdministrator and Ex-Officio Clerk of the Board of County Commissioners of Broward County, Florida Approved as to form by Office of the County Attorney 115 S. Andrews Avenue Ft. Lauderdale, Florida 33301 Name, County Attorney 61 pMMIS"' • , 00k. SEVENTH AMENDMENT TO INTERLOCAL AGREEMENT WITH SROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST: By: p/L-�� --- Print Name: Mario Swenson C Title:,,City Cllgrk Date: City of Tamarac By: Pri t ame: J e Schre' Title: Mayor Executed this I9 day of.� ,2004. Y- Print N Wfix L Miller Title: City -Manager _ Date: LTU 1 L �c.� EIGHTH AMENDMENT This Eighth Amendment is dated for convenience as April 15, 2004 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 COMMUNITIES"): WITNESSETH WHEREAS, Broward County, Florida ("the County") operates a Solid Waste System in accordance with the provisions of the authorizing documents for the Broward County, Florida Solid Waste System Revenue Refunding Bonds, Series 2003A (the "Authorizing Resolution"); and WHEREAS, the County is in the process of amending the Authorizing Resolution in order to allow the distribution of certain moneys for lawfully available purposes, and WFIEREAS, the Resource Recovery Board of Broward County is the governing body of the Broward Solid Waste Disposal District, a dependent district of the County created by the Interlocal Agreement; and WHEREAS, the Resource Recovery Board, pursuant to Section 5.4 of the above Interlocal Agreement is charged in Section 5.4 and 5.5 of the above Interlocal Agreement with the direction and management of the solid waste and resource recovery system of the County and CONTRACT COMMUNITIES; and WHEREAS, the Resource Recovery Board has determined there shall be adequate funds for the above system to provide for construction, operation, maintenance and repair to said system, and all necessary reserves for same; and WHEREAS, it is anticipated that the Resource recovery Board shall from time to time determine that there shall be distribution of moneys from the Solid Waste System to the Contract Communities and County; and WHEREAS, no distribution may be made without the County's consent, WHEREAS, in order- to return the above monies of the Solid Waste System to the contract communities and the County, a mechanism is to 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 Eighth Amendment, all defined terms used herein shall have the meanings ascribed to them in the Interlocal Agreement. 2. A new Section 6.7 shall be added to the Interlocal Agreement and shall read as follows: 6.7 Except as may otherwise be agreed by a separate amendment to the Interlocal Agreement, any moneys of the Broward Solid Waste Disposal District which are determined to be distributed to the Contract Communities and the County shall be distributed on the basis of each Contract Community's "tonnage" contribution of processable waste to the Resource Recovery System from the previous fiscal year. However, said moneys shall only be distributed with the consent of the board of County Commissioners of Broward County. 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 TI-LR.OUGH ITS Mayor or Vice Mayor, authorized to execute the same by Board action of the )t)lb,- day of ALtA%.� 2004, and by the CONTRACT COMMUNITIES signing by and through official(s) duly authorized to execute the same. COUNTY BROWARD COUNTY, through its BOARD Clerk of the Board of County t,��►►��a•H�.�,,� Commissioners of Broward County, Florida e'`� G0Nf ,,`de,� cwwwwwlwv�w•�e �0,,,w+r rw •% f ►r Approved as to form by Jai • C7 : C�:+"q,D •� �-r= Office of the County Attorney OCT is �7 115 South Andrews Avenue Fort Lauder al , Florida 33301 °• w•% C) w % ww•�'!J Colt i� r+w• ry1 •w•wwi�•ww M. By: r 'w�r"'"'�...,�„►►e►��'°'�� (P 'nt Name) A��4�County Attorney EIGHTH AIbfENDMENT TO iNTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST: By: Le_�� � Print Name: Marion Swenson CMC Title: 0tv Clerk Date: 0 a Approved a o form: Mitchell S- Kraft City Attorney l a/ j Date: CONTRACT COMMUNITY City of Tamarac a i By; Print me: Joe Schreiber Title: Mayor Executed this ZL day of2004. #vy:. .� .�. Print Na Xe.1 Jeffrey L. Miller Title- City Manaizer Date: ! / Y ?-e, NINTH AMENDMENT This Ninth Amendment is dated for convenience as May 27, 2004 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 COMMUNITIES"). M"EM WHEREAS, the Interlocal Agreement between the County and the Contract Communities provided in section 16.1 for its term to be "twenty (20) years from the date the initial northern or southern resource recovery facility or contingency landfill becomes operational..." (said date being March 22, 1992) or the maturity of indebtedness secured by the Resource Recovery system and, WHEREAS, the term of the Interlocal Agreement between the County and the Contract Communities was extended in its Third Amendment to the date of July 2, 2013, to provide for the final maturity of revenue bonds issued in 1993 secured by the resource recovery system and, WHEREAS, in 2001 the above 1993 Revenue Bonds were refunded and defeased, and WHEREAS, all County indebtedness secured by the resource recovery system shall mature not later than December 1, 2011 and, WHEREAS, the Resource Recovery Board as governing body of the Broward County Solid Waste District believes that the Interlocal Agreement between Broward County and the Contract Communities should terminate as expediously as legally feasible and, WI-IEREAS, the Interlocal Agreement provides for a method of amendment in 12.6 of the agreement, but that said method specifically excludes reduction in the term of the agreement. Now therefore in consideration of the mutual terms, conditions, provisions, covenants and payments hereinafter set forth, the parties agree as follows: (1). Article 16, section 16.1 of the Interlocal Agreement between Broward County and the Contract Communities shall be amended to read as follows: This agreement shall be effective for each Contract Community and unincorporated County from the date of execution until March 23, 2012. (2). This amendment shall become effective only upon approval of Broward County and each Contract Community which is a party to the Interlocal Agreement, 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 THROUGH ITS Mayor or Vice Mayor, authorized to execute the same by Board action of the day of 2004, 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 COUNTY COMMISSIONERS By: Mayor County Administrator and Ex-OfFicio 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 By:_____ (Print Name) County Attorney day of , 2004_ NINTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL SERVICE ATTEST: By: 'u- Print Name: art n Swoson, CMC Title: City Clerk Date: Approved as to form: Mitchell City Att Date: CONTRACT COMMUNITY City of Tamarac By: -,�`� � PrinO me: Joe Schr6hpr Title: M or 0 ` Executed this/ L day of 2004. 4 Print Nam Jeffrey L. _Miller Title: Ci M n r Date: �' ` 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 9.88 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. 28 (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. 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. 30 09/08f2004 12,42 954-462•-7116 LAWRENCE L DAVIS, PA PAGE 02 ISM of �.: r .rA IlepartmMI of #tat? I certify the attached Is a true and correct copy of the Articles of Organization of ACE WASTE SERVICES, LLC, a limited liability company organized under the laws of the state of Florida, filed on August 10, 2004, as shown by the records of this office. The document number of this limited liability company is L04000059543. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capitol, this the Twelfth day of August, 2004 6f, CR2Eo22 (2-03) 09/88/2004 12:42 954-462-7116 LAWRENCE L DAVIS, PA PAGE 03 ARTICLES OF ORGANIZATION OF ACE WASTE SERVICES, LLC The undersigned, a member of a Florida limited liability company under the Florida Limited Liability Company Act, Chapter 608 of the Florida Statutes, hereby adopts the following Articles of Organization: ARTICLE 1. NAM- The name of the Limited Liability Company is ACE WASTE SERVICES, LLC, The address of the Limited Liability Company's principal office is: 127 Dockside Circle Weston, FL 33327 and the mailing address of the Limited Liability Company is: P.O. Box 290730 Davit, FL 33329-0730. ARTICLE III. PEMSE The Urni ted Liability Company is organized for the purpose ofummacting any and ail lawful business for which limited liability companies may be organized under the laws of FloridaF c� ARTICLE IV, M"Al3EMENT The name and address of each Manager is as follows:ni JAIv1ES FEELEY, Jr. � 127 Dock" Circle Weston, FL 33327 09/08/2004 12:42 954-462-7116 LAWRENCE L DAVIS, PA PAGE 04 ARTICLE V. The narne of the initial registered agent and the street address of registered office are as follows: JAMES FEELEY, Jr. 127 Dockside Circle Weston, FL 33327 IN WITNESS WHEREOF, the undersigned has executed these Articles of Organization this day of 2004. j ACCEPTANCE OF DESIGNATION AS REGISTERED AGENT I hemby accept the appointment as the initial registered agent ofACE WASTE SERVICES, LLC, as made In the foregoing Articles of Organization. I am familiar witb, and accept the obligations of, a registered agent as provided in Florida Statutes Chapter 608. Date: , f04- r1 ',j Form MM -9 Request for Taxpayer Give form to the (Rev. January 2003) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service N fO n c 0 Name Jj ft -- ub l j r Business name, it different Business different from above above Individual/ %� f ❑ Exempt from backup Check appropriate box: ❑ Sole proprietor ❑ Corporation p /( C,-• p g ❑ Partnership Other ■ __ ____ _________ withholding Address (number, street, and apt, or suite no.) Requester's name and address (optional) 1/Q 1e City, state, and ZIP code J)lqvlkLl List account number(s) here (optional) Identification Number Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). Social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note: If the account is in more than one name, see the chart on page 4 for guidelines on whose number ployer identification number Em to enter. 10-j->...1.#1 F Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sign Signature of °fir Here I U.S. person ■ _._.I C-/994,16 Date ■ l Purpose of Form A person who is required to file an information return with the IRS, must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. U.S. person. Use Form W-9 only if you are a U.S, person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. Note: If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Foreign person. If you are a foreign person, use the appropriate Form W-8 (see Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the recipient has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Cat. No. 10231X Form W-9 (Rev. 1-2003) ACE WASTE SERVICES, LLC 7060 S.W. 22ND COURT DAVIE, FLORIDA 33317 954.472.6700 FAX 954.472.6501 OWNERS / PARTNER James Feeley, Jr. Managing Member ACE WASTE SERVICES, LLC 7060 S.W. 22ND COURT DAVIE, FLORIDA 33317 954.472.6700 FAX 954.472.6501 CONVICTIONS / INDICTMENTS James Feeley, Jr. Managing Member James Feeley, Jr., has had no convictions and/or indictments ACE WASTE SERVICES, LLC 7060 S.W. 22ND COURT DAVIE, FLORIDA 33317 954.472.6700 FAX 954.472.6501 CITIES / COUNTIES SERVED Broward County Ft Lauderdale Dania Hollywood Tamarac Hallandale ACE WASTE SERVICES, LLC 7060 S.W. 22" COURT DAVIE, FLORIDA 33317 954.472.6700 FAX 954.472.6501 LOCAL OFFICE: Located in Broward County at 7060 S.W. 22"d Court Davie, Florida 33317 Office #: 954.472.6700 Fax #: 954.472.6501 ACE WASTE SERVICES, LLC 7060 S.W. 22" COURT DAVIE, FLORIDA 3331.7 954.472.6700 FAX 954.472.6501 We have a full service garage located at 7060 S.W. 22"d Court, Davie, Florida with approximately 5,000 square feet. This garage services thirteen trucks with four certified mechanics that do repairs within the shop and on the road. One service truck Truck #125 Vin # 1HTLAZPM2JH609071 Tag #N6472F One delivery truck Truck #127 Vin #1HSLRZ3NOKH630501 Tag #X52VYC Recycling truck Truck #1027 Vin #1FDYH85E6SVA67587 Tag #N6463F Bill To Are Waft Services 7060 Sw 22 Cr Davie Fl 33317 Superior Wash' THE TRUCK U1FlSH PEOPLE &hip To Invoice Data Invoioe a WW2004 155865 P.O. Number Term Rep &hip Vies F.U.B. Project Due an receipt 9MM" Quantity Item Code Desatpdon Price Each Amount 15 Ace waste Thiele washes 16.00 240.00 Total $za0.00 35M S. Flamingo fid., 6 Pembroke Pines, FL 33027 ACE WASTE SERVICES, LLC VEHICLE INFORMATION As of January 26, 2004 Truck # Identification Number Year Make Body Title Number Ta # DECAL # Expiration 938 1027 937 936 935 933 931 930 929 1M2K195C6YM015289 1FDYH85E6SVA67587 1M2K195COYM015840 1 M2K195C4YM015839 1M2K195C6XM014979 1NPZL50XXWD710817 1ZPZL50X9TD709014 1XPZL50XOSD708901 1XPZL5OX3TD709011 1XPZL50XXSD708890 1 M2K195C5SM005540 1HTLAZPM2JH609071 1HSLRZ3NOKH630501 1M21<189C24MO25221 1 M2K189C24MO25222. 2000 1995 2000 2000 1999 1998 1996 1995 1996 1995 1995 1988 1989 2064 2004 Mack Ford Mack Mack Mack Peterbuilt Peterbuilt Peterbuilt Peterbuilt Peterbuilt Mack Intl Intl Mack Mack Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck Truck 396280661 396279740 396280366 396282745 396283658 396284923 396275061 396282392 396280814 396283247 396284092 396284271 396277962 40100769 401611385 N6465F N6463F N6464F N6468F N647OF N64731` N6462F N6467F N6466F N6469F N64741 F N6472F X52VYC N6482F N6483F 12205175 12204707 12205416 12206159 12206736 12207412 12202452 12206035 12205473 122-6403 12206850 12206914 12203936 14657280 14984033 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 12/31/2005 928 536 125 127 965 966 ACE WASTE SERVICES, LLC 7060 S.W. 22ND COURT DAVIE, FLORIDA 33317 954.472.6700 FAX 954.472.6501 Office Staff We have one Payroll Supervisor, one General Manager, one Office Manager also handles all accounting functions, three Customer Services Representatives that handle all incoming calls to resolution, and three Area Sales Managers. Drivers We have one Route Manager, eight CDL Commercial Drivers, two Delivery Drivers, one Welder, and four Certified Mechanics r-rom: IVIarK rleming At:.7laton Insurance raxlLJ: 001-004-0a70 I o. Amor}r WP%Fna%Q LJd1e: 1/.4414VUB Va:c7 AIVI rage: a of , ACORD_ CERTIFICATE OF LIABILITY INSURANCE OP MIT SANIT-1 DATE(MM/DC7//O Ol/24/O5 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SI+ATON INSURANCE P.O. Sox 220537 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. West Palm Beach FL 33422 Phone:561-683-8383 P'ax:561-684-5995 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: AMCOMP Preferred Ins- Co. 10006 INSURER B: Zurich American tq X V Ace Waste services, LLC James 8reeley Jr. INSURER C: Colony Insurance Co.A 1111 INSURERD' 7060 SW 22nd Court Davie rL 33317 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MM/OD/VY) DATE (MM/DD/YY) LIMITS 3 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F7X OCCUR GM03825957 03/26/04 03/26/05 EACH OCCURRENCE $ 10 0 0 0 0 0 PREMISES Eacccurence) $ 100000 MED EXP (Any one person) $ 5000 PERSONAL & AOV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: JECT alPOLICY r7 PRO- LLJ LOC PRODUCTS - COMP/OP AGG $ 1000 000 B B S AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULEDAUT05 HIRED AUTOS NON -OWNED AUTOS DED COMP $1000 BAP3825858 SAP3825858 SAP3825858 03/26/04 03/26/04 03/26/04 03/26/05 03/26/05 03/26/05 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X X BODILY INJURY (per parson) $ X X BODILY INJURY (Per accident) $ X X PROPERTY DAMAGE (Psraccident) $ X DEC COLL $1000 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? If yes. describe under SPECIALPROVISIONS below WCV7051633 03/26/04 03/26/05 X TORY LIMITS I I ER E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE I $ 1000000 E.L. DISEASE - POLtCYLIMIT 1 $ 1000000 OTHER DESCRIPTION F OPERATIONS / LOCATIONS / VEHICLES / E CL SIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS n E�Tlerf+A'YC U^1 I 00 CANCELLATION City of Tamarac Attn: Amber D'Amatc 6011 Nob Hill Rd Tamarac rL 33321 ACORD CITYOB'T I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 0 ACORD CORPORATION 1988 o °moa 7D m*- M m O Ln X �LWz; CDm ,a � I mom .". w �163m © k-+ ArpN Wx r� .my �] N ro © 1 b0^ l� o Z p r n a ti r u, r .: 0 r n,l � L Ln r 1 ❑ n j � I j� v 1 i O � g c j sr - off ux[ a m m� 9m 0 m Z o v LW " �Q 0 133 s -3 ❑ �+ ru r w O � r � � g r%j O Wi Ln I 4 4 r r cn Cl) n m C a =cvN m9M �om (J) NN(O A 'a°p_C � o��n m CO