HomeMy WebLinkAboutCity of Tamarac Ordinance O-2005-024Temp. Ord. # 2098
September 15, 2005
Page 1
ICITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2005-Aq
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 PUBLIC WASTE
SERVICES, LLC; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, § 19-29 of the City of Tamarac Code of Ordinances provides that any
person desiring to engage in the business of collecting garbage and trash in the City shall,
before commencing in or soliciting such business, enter into a franchise agreement with
the City; and
I WHEREAS, § 19-36 of the City of Tamarac Code of Ordinances establishes a
limitation on the number of commercial garbage franchises at a maximum of seven (7) and
provides standards to be considered when granting franchises; and
WHEREAS, there are presently six (6) commercial garbage franchises in the City,
including All Service Refuse, Browning -Ferris Industries, Waste Management, DisposAll of
South Florida, Southern Waste Systems, and Ace Waste Services; and
WHEREAS, Public Waste Services, LLC has requested to enter into a Commercial
Garbage Franchise Agreement with the City and has provided all required insurance,
bonds, and application fees; and
WHEREAS, a review of Public Waste Services, LLC operations and equipment
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
Temp. Ord. # 2098
September 15, 2005
Page 2
WHEREAS, the Director of Public Works recommends the execution of a
Commercial Garbage Franchise Agreement between the City of Tamarac and Public
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 Public
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
the Commercial Garbage Franchise Agreement between the City of Tamarac and Public
Waste Services, LLC, attached hereto as Exhibit "'I".
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.
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SECTION 5:
passage and adoption.
Temp. Ord. # 2098
September 15, 2005
Page 3
This Ordinance shall become effective immediately upon its
PASSED, FIRST READING this
PASSED, SECOND READING this
ATTEST:
MARION SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form.
4'ij
SAMUELS.-GOREN
INTERIM CITY ATTORNEY
[th day of 0cf-ob e r
.?L 4h day of 0 d0be,4(
JbE SCHREIBER
MAYOR
I 90CL5
A 0 0.�*
RECORD OF COMMISSION VOTE: Ist Reading
MAYOR SCHREIBER
DIST 1:
COMM. PORTNER
DIST 2:
V/M TALABISCO
DIST 3:
COMM. SULTANOF
DIST 4:
COMM. ROBERTS
RECORD OF COMMISSION VOTE: 2nd Reading
MAYOR SCHREIBER /J\110
DIST 1: COMM. PORTNER
DIST 2: V/M TALABISCO
DIST 3: COMM. SULTANOF
DIST 4: COMM. ROBERTS
Rl
COMMERCIAL GARBAGE FRANCHISE AGREEMENT
BETWEEN
THE CITY OF TAMARAC
AND
PUBLIC WASTE SERVICES, LLC
CONTRACT BETWEEN
CITY OF TAMARAC AND
TABLE OF CONTENTS
Section
Description
Page
1
Definitions
2
2
Grant
4
3
Fees
5
4
Term
6
5
Obligations/Scope of Service
6
6
Disposal of Solid Waste
7
7
Recycling Program
8
8
Labor Force
8
9
Equipment
9
10
Performance Bond
9
11
Vehicle Identification
10
12
Regulation of Collection Containers
10
13
Health and Sanitation
11
14
Performance Evaluation and Monitoring
11
15
Non -Compliance by the Contractor
12
16
Termination by the City
12
17
Books and Records
14
18
Indemnification
14
19
Insurance
14
20
Contractor's Local Office
17
21
Customer Complaints
17
22
Miscellaneous Provisions
18
Exhibits
26
1
SERVICE CONTRACT
This Service Contract (hereafter the "Contract") is made by and between the CITY
OF TAMARAC, FLORIDA, a home rule municipal corporation (hereafter the "City") and
Public Waste Service
,s LLC, a Florida corporation, (hereafter the "Contractor"), both acting
by and through their duly authorized agents and representatives. (The City and the
Contractor may be hereinafter referred to together as the "Parties.")
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 corporation with offices in Fort Lauderdale, 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 I. 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.
FA
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 seq., the Comprehensive Environmental
Response Compensation, and Liability Act of 1980, 42 U.S.C.,'9601, et §eq., as amended
by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials
Transportation Act, 49 U.S.C. '6901 et se
q., the Federal Water Pollution Control Act, 33
U.S.C. '1251, et sqg., the Clean Air Act, 42 U.S.C. '7401, et seq., the Toxic Substances
Control Act, 15 U.S.C.'2601, et spq., the Safe Drinking WaterAct, 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.
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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 So lid 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
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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 Customers located
within the corporate limits of the City pursuant to the terms of this Contract, but not
otherwise.
SECTION 3. STREET USE FEE
In consideration of the grant contained in Section 2 hereof, the Contractor hereby
agrees to pay to the City as compensation for the right to use its streets, alleys and
thoroughfares an amount ("Street Use Fee") equal to a ten percent (10%) of its Gross
Receipts from commercial Solid Waste Customers within the corporate limits of Tamarac.
Payments shall be due no later than thirty (30) days after the end of the month.
The contractor shall provide to the City notarized monthly and annual statements
signed by an authorized representative of the Company. Statements should accompany
payments and identify in detail the categories and amounts of Gross Receipts received by
the contractor, based on the records of the Contractor during the month for which payment
is made related to the Contractor's performance under this contract. If Contractor fails or
refuses to make such reports and payments, the City may maintain an action against the
Contractor to recover the same and all expenses of collecting same, including reasonable
attorney fees.
3.1 Future Revenue In the event Contractor establishes any other methods of Collection
and disposal of Solid Waste, the City shall establish, at that time, a percentage of Gross
Receipts from such Collection method to be included in the calculation of the amounts due.
3.2 Delinquency Provision In the event contractor fails to make the payment for this
Franchise on or before the date due as herein above provided, the Contractor shall pay an
interest charge for each month, or a fraction thereof, that payment is late. An Interest
Factor shall be based on the prime rate for the Chase Manhattan Bank, N.A., plus one
percent (1 %) Calculation will be illustrated as follows:
Prime Rate + 1% / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
6.S
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
SECTION 4. TERM
4.1 Primary Term The term of this Contract shall be on a month -to -month basis
commencing
; 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
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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.
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 t hat 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
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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.
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.
7.11A Recycling Component for Tamarac Solid Waste Agreement This portion of the
Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be
known as the recycling component. The Contractor shall comply with all rules, regulations,
and laws of the United States Environmental Protection Agency, Florida Department of
Environmental Regulation, Florida Statutes, County and City ordinances, including keep
Tamarac Beautiful Program (Exhibit C), regulations, including future requirements which
have been presently promulgated and are pending or as yet to be announced.
7.2 Sale of Recyclable Materials Contractor shall use its best efforts to maximize the
economic return from the sale of the recyclable materials.
7.3 Reporting Requirements The franchise collector shall keep records of recyclable
materials picked up in the City, so as to allow the City to meet the State of Florida DER
reporting requirements. These reporting requirements must be included in the
Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly
tonnage report, and a breakdown of the commodities recycled). Information must be
provided on the State's approved report form as amended hereto.
P-*�
SECTION 8. LABOR FORCE
Contractor shall provide the City with written information regarding compliance with
this provision upon request of the City. Contractor shall employ only such superintendents,
foremen, and workmen who are reasonably careful and competent and fully qualified to
perform the duties or tasks assigned to them. All employees of Contractor and/or its
subcontractors, if any shall comply with all laws and regulations, and shall have sufficient
skill, ability, and experience to properly perform the work assigned to them and operate any
equipment necessary to properly carry out the performance of their assigned duties.
SECTION 9. EQUIPMENT
Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as
is considered reasonably necessary to perform the work in an acceptable manner and at a
satisfactory rate of progress. The equipment shall be maintained in a first class, safe and
efficient working condition throughout the term of the Contract and any renewal period.
Contractor shall establish a regular preventative maintenance program for all Equipment
and shall maintain records of preventative maintenance and other maintenance repairs to
the Equipment. Contractor shall be responsible for initiating, maintaining and supervising all
maintenance programs, safety precautions and programs, in connection with the work and
services performed hereunder. Contractor shall establish reasonable procedures and
programs to prevent property loss or damage and/or personal injury to persons, including,
but not limited to, employees performing such work and all other persons who may be
affected hereby. Contractor shall comply with all Federal, State, and Local rules and
regulations when conducting operations pursuant to this Contract. Contractor shall maintain
files and records of all citations and violations of any laws, statutes, ordinances, or
regulations in the ownership, title, maintenance, or operating of the Equipment and such
files and records shall be available upon reasonable notice for review by the City.
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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
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.
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(iiii) All roll -off containers shall be covered to prevent the scattering of
the container's contents while in transit.
(111) 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 (7) 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 Relimbursement 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
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City.
14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred in
auditing the gross receipts of Contractor under this Contract. Such costs shall be submitted
to Contractor in writing within thirty (30) days after the completion of each audit no more
often than annually. Such costs shall be certified as to completeness and accuracy by the
City Manager of the City shall be deemed accurate unless Contractor notifies the City in
writing of its disagreement with any such cost within thirty (30) days after receipt thereof.
Reimbursement pursuant to this provision shall be paid by the Contractor to the City on or
before forty-five (45) days after receipt of such costs from the City and such reimbursement
shall not exceed an aggregate amount of Four Thousand and no/1 00 Dollars ($4,000) per
Contractor for any Agrk
ement 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 Ci!y for Cause
16.1.1 Default Default by the Contractor shall occur if the Contractor fails to
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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 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:
(11) 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
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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.
(il) 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 Contractors default.
(iii) City may exercise its rights under Section 15 hereof.
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 Contractors 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,
14
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 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 Aggregate
Commercial General Liability $1,000,000 $1,000,000
Including:
Premises/Operations
Contractual Liability
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Personal Injury
Explosion, Collapse, Underground
Hazard
Prod ucts/Com pleted Operations
Broad Form Property Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000
Workers' Compensation & Employer's Statutory
Liability
$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.
SECTION 20. CONTRACTOR'S LOCAL OFFICE
20.1 Office/Managing Agent Throughout the term of this Contract, the Contractor shall
establish and maintain a local office or authorized managing agent within the Broward
County and shall designate in writing within ten (10) days of execution of this Contract the
agent upon whom all notices may be served from the City. Service upon Contractor's agent
shall always constitute service upon the Contractor.
20.2 Hours Contractor's local office shall be open during collection hours so that
customers can lodge complaints, request for information, and requests for service. At a
minimum, the Contractor's local office shall be available during the hours of 8:00 a.m. to
5:00 p.m., local time, Monday through Friday.
20.3 Staffing Contractor's local office shall have a responsible person in charge during
collection hours on collection days, shall be equipped with sufficient telephones, a local
telephone number, and sufficient attendants to receive telephone calls. Attendant(s) shall
receive calls in a courteous and polite manner, record all complaints, and resolve all
complaints in an expeditious manner within the next business day.
SECTION 21. CUSTOMER COMPLAINTS
Contractor shall within ninety (90) days of the Commencement Date of this Contract
establish a written procedure for handling all service complaints from Customers. A copy of
such procedure shall be kept at the local office of Contractor and provided to the City within
17
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
suchcomplaint. 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.
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
ff.*]
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 Headinas 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 Entilre 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 Piscrimination 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.
19
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 Rqguire 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.
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: Public Waste Services, LLC
P. 0. Box 17047
Plantation, Florida 33318
(954) 349-4735
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
20
22.13 'Force M@jeure 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.
22.15 Approval by the City Commission This Contract shall not be considered fully
executed or binding or effective on the City until the same shall have been approved and
accepted by the City Commission of the City of Tamarac in open meeting as required by
law and exec uted 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 Riaht 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.
21
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.
22.19 Accountina standards. Not less than annually, the Contractor shall provide the City
with an unqualified certification of an independent certified public accountant certifying the
accuracy of the monthly franchise fee payments paid within the preceding twelve (12)
months.
KK
Commercial Garbage Franchise Agreement
Between
The City of Tamarac
And
Public Waste Services, LLC
'7 /
This Contract shall be effective this the (-x (P day of 2005, which shall be the
Commencement Date hereof.
F.1111111IMS
J2 A If A �24�—
Mari6n Swenson,Z! OF6-
City Clerk
Apprred as to form by:
A , III A
3,Mmpel S. Goren
nterim City Attorney
THE CITY OF TAMARAC, FLORIDA
B
oe Schreiber
Mayor
Date. /jfj / 0S
2
By:
Jeffrey L. Miller
City Manager
23
Date: //.&/Osll�
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 :ip, 1�-)�
N�Nwc,�� ��,gkt4o me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me that
executed the same,
WITNESS my hand and official seal this 'day of �mL-0
2005.
NOTAR PUBLIC, State of
Florida at Large
Mo Pabon
MYCOMMM"# D0272M MM
December 1Z 2MI
BONDED THRU TROY FAIN O*PANCL W_
(Name of Notary Public -
Print, Stamp, or Type as
Commissioned)
Personally known to me, or
Produced identification
Type of I.D. Produced
DID take an oath, or
DID NOT take an oath.
24
Ci!y of Tamarac Agreement for Commercial Waste Haulers
ATTEST-1
By: —
Corporate Secretary Director
(Corporate Seal)
STATE OF FLORIDA
PATRICIA FARMER
:SS NFMY ""' STATE OF FLOFUDA
COUNTY OF BROWARD M ISSIdN # DD390850
EXPIRES 5/1/2009
BONDED THRU 1-888-NOTARY1
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 w6das Ctc%capint T%,L to me known to be the person(s) described in and who
executed the foregoing instrument and acknowledged before me and under oath that
executed the same.
WITNESS my hand and official seal this c9c 1— day of �Se-pkmjXC.--,2005.
NOTARY PUBLIC, State of
'Florida at Large
PATI CIA FA MER
6' V Rig
P
NOTA "Llo - ITAT
COMMIS 10 # E
S N DD3 8
PIRES 511t 009
2
BONDED TMRU I-558-NOTA"I (Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
Personally known tome, or
Produced identification
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
firma
27
A N
I N T Z R L 0 C A L A G R Z E X E N T
W I T H
F 0 R
0 L I D WI A S T B D I S P 0 S A L 3 B R V I C Z
As Amended Through September 10, 1996
I N D E X
ARTICLE PAGE
2 DEFINITIONS .................................
3 CONStRTJCTION OF FACILITIES /. COMKITMENT
OP WASTE STRUM .......... ...........
4' OBLIGATIONS RELATING TO OPERATIO14S ..........
6 TIPPING FEES AND SERVICE CMGBS ............
7 COLLECTION OF TIPPING FEES ..................
ANMALAUDIT ................................
9 ADDITIONS AND IMPROVEMENTS TO THE RESOURCE
W�O��a ...........................
10 OBLIGATIONS umtA THIS AGREEMENT ARE NOT
INDEBTEDNESS OF ANY CONTRACT COMMUNITY
11 RELATIONSHIP OF THE PARTIES ..............
12 MISCELLANEOU$ ........ I ..........
13 INDI�MIFICATION .............................
14 CONTRACTS WITH HAULERS ......................
15 CESSATION .............................
16 DURATION ........................ # .......... #
EXHIBIT A of the Contract Communities
EXHIBIT B Names to Whom Notices Are to'be Directed
EXHIBIT C Ordinance Establishing Solid Waste Flow
Control
7
is
17
26.
31
37
0511
42
43
44
52
,52
53
54
F-XI41BIT D Ordinance Creating the Braward Solid
Waste Disposal District
EXHIBIT E Ordinance Approving the Ordinance
Creating the Broward Solid Waste
Disposal District
EXHIBIT F Suntary 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
F-YJI113 IT J
Fourth Amendment - Board Staff
Approved by County - September 10, 1996
A C R E E M E N T
rhis Agreement datod for convenience Nov*mb*t S3- JSS8- bY
'----!Und of
Stat* of Florida. its successors and sSivigns. by and through Its
Board of County Commissioners, hereinafter referred to as
mCOUZITT";
AND
The Municipalities whose names appear In Exhibit "A",
attached hereto and InAde a part thereof. their successors and
ner*marter reteffid-to its P9MR-K'CT C
ARTICLE I
BACXaROUND
1.1 General Stat*M4nt-
in order to establish the backgrounds context and f.rame of
r e ro-IF#-n 6 0 E o r t A a d t o p r a V 14 a a a * A 6 r A I
background regarding the objectives and intentions Of the
COUNTY and the CONTRACT COMMUNITIES, the folloleing
statements, representations and expinnat1pris are predicates
for the undertakings and commitments Included within the
provisions which follow and shall be construed as essential
-I-
elements of the mutual qonsiderations upon which this
Agreement is based-
1.2 Hi a torical Background And Findings
Because of Sroward County's contour, elevation and high
ground wate'r lavelp disposal of solid waste through
landfills has been discouraged. The United States Congress -
and Liegislature of the State of Florida (the "Statt") have
discouraged the dumping or burying of solid waste'=atteir and
the use of sanitary landfills as the sale method of disposal
of solid waste. The COUNTY and the CONTRACT COWUNIT11:3,
therefore, make the fol-lowing findings. -
Ca) $*cause of environmental Concerns with utilization. of
landfilling as the sole method of disposal Of fflOJJd
waste generated by the residents and businoises of -and
visitors to Broward County, Florida. the CONTRACT
COMMMITIES and COUNTY have sought a )*Jnt sojutjon to
such concerns.
Cb3 The CONTRACT COWUNITIES and COUNTY bave—to4n
determined that the policy of the United States
Congress regarding the elimination of solid waste as
provided in 43 U-S.C. Section Cool Js toward recovery
of resources from such waste,
_Z_
Cc) The United States Congress has found with respect to
energy that'.
I .. Solid wast* represents a potential source of solid
f ue i . o i I . or gas tha t can be conver tsd i nto
enorayl
2. The need exists to develop alternative energy
sources for public and private consumption in order
to reduce the nation's d*pendonce on such sources
a petroleum products, natural gas, nuclear and
hydro-olectric gendt6tionj and
3, Teohrk*102Y OXistS to produce energy from solid
waste.
(d) Chapter 403. Part IV, Florida Statutes, sets forth the
State of 'Florida Itosource Recovery and Management Act.
The Act's purpose is to require plans and regulations
for the storage, 00119ctiOA, transportation,
separation, processing. recycling and disposal of solid
was.to to protect.th& public's health. safety ond
Likewise. Such Act has -deemed It a publi'c
we I fare.
purpose to establish and maintain a state program for
th . a planning and technical assistance Of resource
recovery and management through, &MOA9 Other things,
the promotion 6f rocyciing. rouze or tr9atment of solid
-3-
waste, including recycling of solid waste to produce
electric power.
Col Additionally, Section 403.713. riorida Statutes,
providos that the munJaipalitiaz undertaking resource
recovery of solid waste pursuant to general law or
special low smay oontrol tho col J*ction stad di sp*sal of
solid waste for the purpose of inxurirtg that resource
reeovery facilitl&s receive an adequate quantity of
waste from solid waste generated within the boundari*#
of the local Covernmental jurisdiction.
The am4ndments to the State Conprehen$Jve Plan adopted
by the State in 1983 CChapt*r 187, F.S.) *stablishes 4
number of policies regarding energy production and the
reduction of solid waste landfilling Including:
j. Energy Pol icy No. 5 - Reduce th* need for now power
plants by Oncouragring ond-use otticioricy, reducing
peak demand and using cost-effective alternativez.
No. 9 - L"mote the _M" and
development of renewable energy resources.
3. Waste Policy No. I - By 1995. reduce the volume of
non-hatardoux solid waste disposal in landfills to
35 percent of the loss volume.
CLC
4. Waste Policy No. 7 - Encourage the research',
development and implementation of recycling
methods of uxing garbage# trash* sewage, slime.
sludge, hazardous waste, and other waste.
1-3 The COUNTY and representatives of CONTRACT COUMUNITIES have
joiAtly developed a couprobensive solid waste disposal and
resource recovery program including cooporttion fn
preparation of Request POT PTOP0141 documents and subsequent
selection of'the full service contractors for the northern
u,ob the 56141L GLjk—&-Aa
negotiation process.
1.4 It Is recognized by CONTRACT COMMUNITIES and COUNTY that the
proposed resourc* r*COV*rY system to be coAstructed.
operated, maintained and repaired by the COUNTY or full
OTVICO COntr&CtOVS retained by the COUNTY will be done in
rellsince upon the oxistenc* of the committed flow of solid
waste of the CONTRACT cobMNITIES and unincorporated County
t low
district provided for herein.
1 .5 it in further recognized. by CONTRACT COhMNITIES and COUNTY
that the COUNTY Is entering into this Agreement both
representing UAInCOTporated County, a waste 0*nef4t10A Area
-5-
w! tb solid waste requiring disposal , and COUNTY, as the
party assuming the obligation under this Agreement for tm
disposal of solid waste for the CONTRACT C0161UNITIES as wtil
as for the unincorporated County-
1.6 laterlocal Agreement
C a 3 This Jkgr*ement is an interlocal 60teement entered into
pursuant to Section 163.0t, Florida Statutes, the
Florida Intorlocal Cooperation Act of 1089. as amended.
Cb) Prior to tAs effectiveness of any provision or thig,
Aa rALamon-t hereto, thij
Agreement and any such subsequent amendments shall be
filed with the Broward County Cler)� of the Circuit
Caurtas provided by Section 153.01(11), Florida
Statutes.
1.7 Construction of Interlocal Agreement
The word *shallw as used In this Agreement shaii in all
cas*s be construed to be mandatory and to require the action
Wor d to he t-ti-ken 'wit1hout
to the exercise of discretion-
M-M
ARTICLE 2
DEFINITIONS
fol_Lamina_contaiin4t-t..hi�-definiti*ns Of the terms as
applied to this Agreement -
The term mAdministrator- or "County
Administrator"- Shall mean the County AdministratcT Of the
Broward County 90TOTTIMOnt as provided by the Charter of
Broward County. lrlorids-
2.j Board of County Commissioners- The term 420ord Of County
�__t .. 4 _�we w a 1him j i m&ALn
109ard 'of County Commissioners of Droward CouUtY, rIOTIdA-
2. . -3 Citit0ft WsStO 10c'"Ving racilities. The term "citizen fftaxt6
receiving facilitioso shall =*an facilities for accepting
soi I id waste from other than haulers. The term is to apply
to facilities proviaod for collection of household trash
from house cleaning and -the like. Citizen Waste recolving
f&cilitios shall not be doomed to be a part Of the resource
recove
2.4 ConstruettOn COAtt6ct- The term oconstruction contract"
shall mean the contracts e ntortd into by the COUNTT and SES
Broward Company, Limited Partnership Pursuant to R000lution
No. 36-3007 dated AUOUSt 19, 1936# and Broward W&.XtO Energy
Company. Limi ted PartncrshJp pursuant to Resolution no. 81-
37SO dated September 30, 1986. and any successors thereto to
desion, construct. test, maintain. repair and have acceptocf
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
r&sou7c* recovery system.
2.0 CONTRACT COMKUNTTY- The term, *CONTRACT COMIUNITY's or
ffCONTRACT COSAWNITIES" $11411 Mean the MuniCipal Corporatiam
or corporations eXisting under the laws of the State of
Florida, loc&t*d Within tl10 COVNTY. that enter Into this
AcreeMant wi th a d whose njM&s appear In -
Exhibit A to this Agreement.
2.6 COUNTY. The term "COUNTY' shall mean Broward County,
Florida.. a political subdivision of the State of Vlorida.
9.7 Disposal FacilityC!*s)- The term "disposal facilityCies]o
means that portion of the resource rocovery system where
solid waste will be disposed of within the resource r"covory
2.9 Disposal obliantion. The torm "dixposal obligation" shall
inean the obligation of the COUNTY to providat for the
disposal of all solid waste generated In each CONTRACT
COMMUNITT and In the unincorporated County and dolivo;od 10
-a-
a resource recovery system disposal facility Of transfer
station designated pursuant to the plan Of Operations.
2,9 racility operator. The term "facility operator" shall mean
full service contractors or other op*ratorx of a port of the
resource recovery system including the COUNTY.
z-10 Fiscal Y*ar. The form ofixcal year* shall mean October I to
September 30-
2.11 Full service Contractorts)- The,torft "full service
0Qntr&GtQrCs),, xb&lj mean a person, firm or corporation that
has entered or will *At*T Into an agreox*nt or agroementxs _.
with the COUNTY to design, construct. tout, 3naintain, repair
and operate resource r*covory system disposal facilities or
tranxfo r station-S within the resource rec overy system and
shall mean as to the zoatherrk facility SES Broward Comoany.
Limited Partnership and as to the northern facility Aro*ard
Waste Energy Company. Limited Partnership and any reSP*ctiv*
xucoossort therOtO.
The tOrM "haUlOrS" shall Mean those 2"Son" firm$
or Corporations or governmental ag6AC1*S-T-espOASib1* [under.
either oral or Written Contract, or othorwise) for the
collection of solid waste within the geographic boundaries
of the CONTRACT C01WHITY(TES) or the unincorporated County
ond the transportation and delivery of such solid waste to
-9-
the resource recovery SYStOM as directed in the plan of
operations.
3-13 Northern Facility. The term "northern facility't shall mean
that Part of the Y*s*4rce recovery system, including any
landfill. serving the CONTRACT COMWUNITIrS and the
unincorporated County located in tho north*rn part *9 the
COUNTY. as directed 1A t-118 Plan of operations.
Z.14 Plan of Operations. The term "plan of oper&tjonso shall
mean the plan for the operation of the resource recovery
SYMt*Xk adopted, ask&ndad or rovis#d by tile Rosouroe Recovery
Board Irk the majiner set forth in Section 4_7 hereof.
2.1S Processable Waste. The term "PtOCOXXable Waste" shall mean
that Portion of the solid Waste stream which is capable of
being processed Irk a mass bu.rn resource rec,overy faci'lity,
including, but. not be limited to, al I forms Of household &'nd
other garbago. trash. rubbish, r*fuso. combustible
agricultural. commercial and light Industrial waste,
commercial waste, leaves and brush, paper and cardboard,
plastics, wood and lumber,
,jL&LojjM_L_
tires, wood furniturep 94attrass*so stumps, Wood Pallets,
timber, tree limbs. tiOs# &Ad logs. not separated and
recycled at the BOUtOO Of 90ftbt4tion, but excluding
unacceptable waste and unprocessable waste, except, to the
extent c6nsistOnt with the reoulatory and perraft
requirements . applicable to the Procossing of waste by A mass
burA rOSOUTC0 TOCOVOrY facility# such minor *mounts of such
waste tother than haxardous Waste) as )say be contained in
tbe normal pLr&Lc0s2&ble waste str04m-
2.1s Rexource-Recovery Board. The term 'R#source Recov*TY Board*
the governing Board of the special district to be
shall me*A'
:tablished by the Board of COUAtY COnxissioners pursuant . to
:0tion 12S.01CS)(a). Florida Statutes, and thix Agroement
which perform@ such tOSPOns"'lltles as X*t forth in this
Agreement.
The .-tpjz--tLt�-0urc6 ']LScOv*1y
sy stem,4 sh*11 120an the facilities which are constructed.
operated& maintained and repaired or caused to be
constructed, opera ted, mainta.ined and ropoir*d pursuant to
of transfer or d4spoxal of
this Agreement for the purpose
olid waste of the CONTRACT COMMUNITIES and the
:nincorpof&tOd County and the recovery and sale of.matorial$
and energy. theyofrom. JAclu I ding &11 landfills, contingOACY
landfills. transfer statiOAx- treatment f*cilltt*s and
ndant to the
ion E.*-&LLLL
resource recovery sy . 3 t sin. Excluded from this deft.nitiort is
tho COUNTY landfill locatod'in the Town of Davie which is in
existence as of the date Of the GXeCUti0T' Of this NgfeemORt.
2.18 Service Agreeme.ni(s). The term Nservice Agreement" shall
moon the agreements entered into between the COUNTY and Erg
Broward Company. Limited Partnarxhip pursuant to Resolution
No. 86-3007 dated August 19, 1986, and Broward Waste Enerfy
Company, Limited Partnership pursuant to Revolution No. IlI-
3730 dated September 30, 1986, respectively for the purpose
of oporatiza, ratintaffting and repairing the southern
facility end northern facility, respectively, or any othol
full service contractor for the purpose of operating,
maintaining, and repairing a part of the resource recoverl
Sys t *M.
2,10 Solid Waste. The term "solid waste" shal-I mean processable
waste and unprocossable waste, but excludes unacceptabl*
wastq�
2.90 Southern Facility- The term "southern facility* shall no&n
that part of the resource recovery xystem, Including any
landfill. serving tho CoNrRACT CQMMXXT11�5 and the
unincorporated Coursty locat*d in the southern part of the
COUNTY, as directed in the plan of operations.
Z-Z1 Tipping Fee. The term, "tipp.ing foe" shall mean Ahe 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-
Z.ZZ Ton. The term "tGUm is used to express 8 unit of weight
aqUal to two thousand (2,6003 pounds or .907 metric tons.
2.23 Transfer Stations. The torn "trartzfor stations" means the
site$ and receiviltv f&Cilities constructed, oper*ted,
maintained and reptired by the.CoURTT or a full service
coaLSAVtOT rot^ined by the COUNTT fat the *a0*Pt0nG6 Of
solid wosto,fOf transfer to resource tSCOVOTY system
disposal facilities boosuso & part of the resource V*COVery
system JA not operational. other transfer facilities
including citJ'On waste receiving facilities and those used
by hoularm jar reasons other than previously desi;ribed shall
a %art of the resource f*COvery system.
2-24 Unacc&PtAbIO Waste- The term *unacceptable Waste" ShAll
mean motor vobtelex, trailers, comparable, bulky Items of
machinery or equipment, highly inflammable, Substances,
haZaTdout wait*@ sludges. pa,thological and biological
axtes, liquid wastes, X*w&g#, ngnur*f explosives and
rdinanco materials, and radioactiv* materials.
Vnaccoptable waste shall slso.includ* any other material not
landfill unless such landfill is Sp*oifjoally designed.
constructed and licensed or permitted to receive such,
I
mator i al None of such material shall constitUt* either
processable waste or unprocGss&blO waste. Haulers shall not
knowingly deliv*r,such tnscc*Pt&blo Waste to and the COUNTY
-13-
or full service contractors 'shall have the right to ex,;juje
such Unacceptable waste from the resource recovery system.
8.23 Unincorporated County. Tho term "Unincorporated County
shall mean that Part of COUNTY which is not within the
boundaries of any municipal corporatlon. Unincorporated
County shall be treated in all respects under the terms and
conditions of this Aqroomont as a CONTRACT COMUNITY.
2.25 Unprocessable Waste. The term Ounproc*slable vast** shall
mean that portion of the solid waste xtresin that is
predominantly noncombustible and thoreforp, Bhould not bo
proc!�!sed In a mass burn
UnpTocossable waste shall include. but not be limited to,
metal furniture and appliances, concrete rubble, mixed
roofing materials. noncombustible building debris, rock.
gravel and other earthen Materials. equipment, wire and
cable, and any item of solid waste exceeding six feet in Iny
one of Its dimertsi.ons or being in whole or in part of a
solid mass, the solid mass portion of which has dimensions
such that a sphere with a diameter of eight imcbe s could be
waste (to the extent that it -is contaJued In the norical
unprocezzable waste stroam)- This term excludes
unacceptiblo waste. Haulers shall not knowingly deliver
unacceptable waste to and the COUNTY or full service
contractor; Shall have th * right to exclude unscc#ptgble
waste from the resource recovery facilities.
-14-
ARTICLE 3
_CONTTRWT-1 ON OX-IJW-1-LIT I -ES
COMWITMENT OF WASTE STREAM
3.1 The COUNTY shall cause to be ConStrUoted. operated.
maintained and repaired a resource recovery systemm locatod
within Broword CountY for the purpaXe of diSpogal of all
solid waste collected in each CONTRACT COMMUNITY and
unincorporated courty and delivored to the resourco recoverY
Sys t sm.
3.2 Durina the duration of this A%gre& -went as aorineQ in ATLIVIV
is hereof, the CONTRACT COMMUNITIES and the COUNTY foT the
unincorpor&t6d area suall cause all Of the 50114 Vast*
generatod within each of thoir respactive bound*riox to bo
collected, transported. deliverod and deposited at the
designated rbCOlving fAciliti0s Of the COUNTY r*source
recovery system pursuant to the plan of, operations as zot
forth in section 4.7.
3.3 Each CONTRACT COMMUNITY and COUNTY for the unincorporated
are* agrees to enact prior to March 31t 1987. 4 Waste flc'w
control ordfnance as S*t forth in Section 403.713. Florida
Statutes (as may be amended from tisme to t1210). directing
that all solid waste generated within their respective
geographic boundaries be dolivered to the resource recovery
-I$-
system transfer or disposal facility or, facilities
designated In the plan of Operations. The solid waste flow
control ordinance shall be substontially in the form of
-Dxh-4-b I t C a t I a c h - d he ra t 12 ch-
party agTeet to -include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that all polid waste shall be delivered
to the resource recovery system transfer or disposal
facility or facilities designated In the Plan Of operatiors
and to enforce such provision. The COUNTY shall 'be a 'third
party beneficiary of such provision.
0--r *cove. 41
procoxxable waste to, produce electrical energy to be sold to
purchase rx 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 subsequont to the burning of the
processable waste necessary to produce electrical energy -
Upon delivery to t1io resource recovery syxtvM, neither the
unincorporated County nor any CONTRACTING COMMUNITY shall
nonferrous. metals and other materials c0nt&i?ivd in solid
waste delivered-
3.3 The COUNTY hereby assumes responsibility for the disposal of
al I solid waste d*1 iverod to tho resolarco recovory system by
-is-
each or an behalf of each CONTRACT COWUNITY and
unincorporated County during the duration of this Agreement
consistent with its rights &Ad obligations under the sor I vice
aor"ments.
3,6 Transfer stations and contingency landfills may be required
because one or more of the resource recovorY faOillti*s ATO
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 T*xO.uTcs F"Overy sys"'A'
ARTICLE #
OBLICATIONS RELATINO TO OPERATIqNS
4.1 Del Ivory and AcooptOncO Of Wuft*- Rach CONTRACT COU=XTTT
nd COUXTY for the unincorporated area agrees that all of
a
the Solid waste collected within Its respective territorial
to & resource recovery system
boundaries shall be dolivorod
disposal facility, landfill, contingency landfill or
transfer statiOA c""99"Od Purxuanl& "Iw F&-*'
ape -rat ions It is the understandint 'of 'each of the parties
to this Agrooment trio t the transportation of solidwastS
should be minimized to the greatest extent possible
consistent with obligations of the COUNTY to make doliveries
under the service agreements. In deterrmining to which
-17-
resource recovery SYBtfm facilitY Solid waste $hall be
delivered, the Resource Recovery Board An*,, max# evorl
reasonable of fort consistent with the maintenance of the
C0UN,T,T,',.s--r.,j,gh.ts.. and ob I i g at ions Undo r th a s*rvi co A or oom@A
to miftimi ze the cost Of transportation for CONTRACT
COMAUNITIES and unincorporated County or their haulers an4
in this regard ressonabJ* standor4s Sheii be aaopt*d jor jh&
location of the delivery of the Solid waste for each
CONTRACT COUMNITY and unincorporated County pursuant to
Section
4-Z The COUNTY SnAll be TOSPOnSIVIO for the construction.
p-e- F- a-t- r—s-t-a-t-4-0-ft�r
contingency landfills pursuant to paragraph 3-6 or other
receiving facilities utillred for the purpose of receiving
solid waste which are a part of the resource recovery
Sys tozo.
4.3 In order to provido for the testing and startup of any
resource recovery system transfer or disposal facility. upon
not less than thirty (30) days notice by the COUNTT, each of
the CONTRACT COMMUN-TTIES and un—i—n—c—or—p—o—r—a—t—a,—d—c—o—u—n—�Fy —Shall-
deliver or cause tO -be delivered Procoxxoble waste to such
facility In amounts and at the times and in the inanner
designated in said notice. The notice from. the COUNTY zhtll
also state the ext'imated amount of processablo waste to be
delivered by each CONTRACT COMMUMITT and unIncorporated
-is-
4.4
county and the estimated length of time fOT Which such '
deliveries are required- in order to facilitate CONTRACT
CCMUUMITY planning. t.ho, COUNTY will share information with
of all resource recov*ry transfer and disposal facilities -
Commencement: Of Operations- The COUNTY'S current #StJJR8to
of the &ppyoximate commercial operations dote, of the initial
resource recovery facilities and landfills associated
therewith is DGG0=b*t $0, 1982- The COUNTY shot] notify the
CoNTRACT COMMUNITIES Of any change Irk the eztimgtf Of the
date upon which commercial operations are to commence. The
e0--UWTy—ih,i-I I give th-e-=NTKAV-r- ---- unrITIES a 4 —
u Vincorporated County at least thirty C-30) days prior notice
of the date expeatod to be the d6tull oo=merc1&1 operations
date of all resource recovery System transfer and disposal
facilities.
4.5 Xeceiving Hours. Sub)ect to service agreements, the COUNTY
shall cause the yesourva, recovery System to be Open to
receive procexsable West* from 6900 A.M. to 6100 P-m- every
day of the year except December 25 and landfills to be open
to receive unproc'esxablo waste at least 40 bours,4 f ive (33
do7s per week Or as provided it, the service agreement$ and
plan of operations.
-is-
4,6 Emergency Operat i ons/Addi t ions] Hours of Operation.
C a I
Emergency operationz. in the event that# duo to a
natural disaster or other emergency condition, a
CONTRACT COAMNITY or unincorporated County requests
the COUNTY to accept the delivery of solid waste othar
than during normal receiving hourx. the COUNTY wi 11
accept such deliveries to the *XtOAt consistent with
the terms of the Service a.grooMoAts and may Ch&TgO a&
addi t i on& I f *a f or such emergency s *rV i ce as do t oxmli*d
by the Resource Recovery Board.
(b) Addit-lonal Hours of Operation- The COUNTY may upon
request ofa CONTRACT COIWWUNITT or unjAcorporstod
County agrees 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 roqu*xting CONTRACT COMMUNITY or
unincorporated County Shall give reasonable notice *ad
shall Imake its T*qU*st in Writing to COUNTY at least
two C2) days prior to the beginning Of such delivery.
--- GWXT.y..-p-T- ov4d*4-44" @,quo-s-t-a4--z-* r T 10 w,--t hen...
additional fees for operating outx1do the 'normal
receiving hours will be payable by the CONTRACT
COMMUNITY or unincorporated County in an amount
detatmined by the Resource Recovery Board.
-20-
4.7 plan of Operations- The COUTY and the CONTRACT COMWUNITIES
agree that at least six CS) months prior to the date that
the first resource recovary facility, landfill or
contingency landfill 07 transfer station, developed to meet
t he COUNTY'S ob I i ga t I ons under 'th i s Agreement becomes f u I I y
operationalo a plan of operations will b . e promulgated by tho
Resource Recovery Board c,onSistent With the terms Of the
ssrvice agreement applicable to such facility and
disseminated to, each Of the partiox to this Agreement. The
plan of operations shall be amended or' rov.i$*d bY the
Resource 1000VOl'y Board at least six CS) months prior to the
date additional rosgurce recovery system transfer or
from time to time as deemed appropriAte- The plan of
operations shall . . among other things, deal with such matters
relatin g to the operationo management and ad3sialstratiort Of
the resource reeovory facilities. landfills. contingency
landfills and transfer stations; hours of operationst
schedules of all p&rticipantSi schedule and routing of
doliverleii provisions for issuance of authorization to and
T@gulation of delivery vohicl0s; measurements of quantity,
quali-i-i-and 0-thor waste characterastles,
A2$ rules *An
regulations relating to the use of the r*s.c!urce recovery .
systeml inspection of resource recovery SYStOM facilities;
and such othe'r itsms as may be deemed appropriate from tim*
to time by the Resource Recovery Board.
-21-
4.8 Aocess to Resource Recovery Facilities- The COUNTY agives
to permit, in accordanc& with the terms of the service
Agreements and plan of operationso authorized
3 CCJWrU- y— a nd
unincorporated County to OntftT all f0dilitJOS of ith*
resource recovery System during usual business hours for,
inspoction purposes-
4.9 Weighing Records. The COUNTY shall cause op*rators of All
resource recovery system facilities subject to ths terms cf
the. service agreements to operate and WAJ;fttaln motor truck
scales calJbroted to th* accuracy required by Florida jaw
and
Each vehicle delivering solid waste from a CONTRACT
COWUNITY or tho unincorporated County shall b&vo its far#
'weight and cubic capacity and other information required by
the,plaz of operations to be Permanently and congpicuously
displayed an the exterior of the vehidle in a Six* and
location designated in the Plah of operations. Th & COUNTY
or full service contractors may, fj*m time to time. requIre
the revalidation of tho,tare weight of any vehicle . or the
r wwe���q- E a
PrOcessAble Waste shall be wei-ghed 4nd-weight. r6cord—
produced indicating grOas wiight, tare weight. date, t-ins,
vehicle idOntification and such other detail 63 MAY bb
requested of the full servica contractors under or pursuant
to th6IT rospoctiva sorvico agrea,m9rLts. The COUNTY will
WHO
lcaux& facility operators: to maintain daily record* of the
total tonnage of solid waste delivered to Its facility.
Within fifteen ciSi days after tho and of each Month- the
0 Cause to be furnished to each
UNTy_jA;Llj furnish or
CONTRACT COMMUNITY and unincorporated County such weighing
records as may be reasOnOblY required by each CONTRACT
COMMUNITY and unincorporated County to administer its
contracts with haulers Of solid "Sts. Copies Of all weight
tickets will be maintained Of 06us0d to be 3saintained by the
COUNTY for & V*riod of at least two (213 years'
4.10 Weighing Scales Not OPStAt"nal - If weighing
tes-"d,--t-h*—LA-c-f lit
operator . shall estimate the quantitY Of proc&SSablO waste
delivered On the basis Of truck volumes and estimated data
obtained through bist6rical Information POrtln4nt to the
CONTRACT COWCUNITT - or unincorporated 0ounty. The *Zti=at*s
shall t . eke the plecO Of actual weighing records, when th9
cales are not operational.. If. upon conclusion of testing,
:he test Indicates that a scale was inaccurate, ATLY
adjustments of records actually recorded since the previous
test, WI I I Do =ad* bY the COUNTY pursuLut to provisions 0
the service agreements Ind PI an of Ope'f&tJ6AZ
4.1t Title TO and Interest in Products. The CONTRACT COUMUNITIES
and unincorporated County shall relinquish any and all tit16
and interest in solid waste collected within their
-23-
respective boundaries upon delivery of the solid waste to
the resource recovery system.
.12 Manner of Delivery.—Jeach
unincorPorated County shall provide the COXINTY with the
following information about &ACh hauler delivering solid
w4st* On tts b0hall to the resourco recovery system: name
a rid address, make, body type and motor vghicl& registration
number of *Xch vehicle usedr area of collection; and statIls
as municipal vehicle OP*y&tOT Ot contract hauler.
4.13 Solid Vast* Zeirrogation Programs. The CONTRACT C0fi&AVJfZT1E5
TY
Provisions of this A9700"At Are iAt0n404 to either
discour I age or prohibit sitb*r voluntary or locally ordained
solid waste segr 'a gation programs segregating 'scrap or now or
used materials at tho point O-f generation and hold for
purposes of rouse or recycling,
4.14 Other Contracts for Waste Delivery. The COUNTY agrees to
the extent cozsjsto�nt witrt the service agreements that
y d t-s-pv-wwj
fAcilities, landf ills. continge-ncy% landfills 01.1TOLnEfer
ststi0fts MAY enter Into any agreements (of the disposition
of solid waste with other persons. firms or corporations
that Materially impair the ability of the COUNTY to perform
its ObligstiOns to the CONTRACT COMMUNITIES and
unincorporated County under this Agreement.
-24-
4.1$ Except for emergency QP6f&.tiOnA in accordance with section
4.6 of this Agreement . the COUNTT agroost subject to the
that n0i tbor At- nor any
full service a-ontr*ctar will enter into any agrAORIftnt fOr
the disposal or transfer of solid waste with any Municipal
corporations Of. the State of Florida located in the COUNTY
that contain terms more favorable to such party than the
price and' terms that are provided for under this Agr**M*ftt-
without tbq approval of the Resource Recovery Board.
4.16 Spot and Short Ternk Disposal. The CONTRACT COMMUNITIES and
unin.corpora
fW. service contractor providing solid waste disposal or
b#hall of the COVKTY, is Authorized to
transfer services On
accept solid waste on a spot or short-term bazIx of less
then one yen . r, from private haulers. In order to fully
utilize the capacity of any resource recovery faoilltl�, so
I ong as the Capacity to receive solid Waste delivered on
behalf of any CONTRACT C00AWNITT and unincorporat . ad CountV
is riot impaired.
-25-
ARTICLE 3
RESOURCE RECOVERT BOARD/SPECIAL DISTRICT
The CONTRACT COMMUNITIES and COUNTY agree that there shall
be created a special district to be known as the "Broward
Solid Waste DisPosol District" pursuant to Section
123.01CS). Flarida StAtutox, and this Agreement. The
Resource Recovery Board shall serve as the governing board
of the special district far the purpose of establishing
tipping fees and service chargesi advising the COUNTY
concerning construction contracts and service agreementst
a dWp-t7r0W--6 f—t1rV--p7tV7% of-opavatA-orn-sy—and providt-agr-OVOrlight
of the operations of the resource recovery system for the
CONTRACT COMMUNITIES and unincorporated County. Such
special district shall be established by.COIVNTY ordinance,
in substantially the form of Exhibit D attached hereto and
made a part hereof. and be approved by ordinance of each
CONTRACT COMMUNITY in substantially the for= Of EXhibit E.
a,ttacbed hereto and made a pArt hereof, ptior to Match 31,
Coraposition. The Resourc*'Recovety, Boa z d shall. be comprised
of nine (9) members. Four (4) of the elected County
Commissioners shall be appointed by the County Commission to
serve as members for 4 term of two C9) years. Four C4)
-z6-
members shall be appointed by the COMTRACT COMMUNITIES as
IF ol IOWA :
a) one (1) member each shall be selected by the two
CONTRACT COMMUNITIES With the largest populations.
Such members shall each J6TV9 A term Of two CZ) YOSTS-
Cb) one cli member shall be selected by the CONTRACT
COMMUNITY neat*St to the median In size based upon
Population. such member shall serve for two CZ) years.
to] one Ej) menDer shall be &PP*Ifttod by the Pr*std*nt Of
organization from its member cities that are CONTRACT
commUNITIES, but not otherwise having an elected meMb*r
serving on t I he Resource Recovery I I oard- such member
shall Servo & term Of twO (8) T"ro'
The remaining member shall servo a torn of one (1) year and
Shgll be an elected County COMMISNiOnoT Appointed by the
county Commission In terms comencing with even numbered
4 7 5 During terms com=arioinq with odd numberod y*ars. th*
remaining Member zhall.be an'41octed official appointed by
the President Of the Broward County League of Cities or its
successor organization for the 'CONTRACT COWMUNITIES from a
CONTRACT CoWUNITY not otherwise having a meaber on the
Resource Recovery Board in tho same manner as provid6d in
-97-
subsection Cc) Above. A] I members appointed by the CONTPACT
COUMUNITTES and COUNTY as provided heroin shall be elected
officials of their respective COXTRA(�T COMMUNITY or County
& MSY a memb#Lr CeAsa to A
a duly qualified elected official, the Appointing Autbority
which appointed such individual to the Resource Recovery,
Board sh*Jl-z*Joct a successor to serve for the romairing
term of the original appointment. For the purpose of this
section, population f1gures contained In the Is -test estimate
of population published by the University of Florida Bureau
of Economic and Business Research shall be used.
5 &V 0 r V, -E 0 & r-d7x-h*44--#-l-#�*-" n "4 1--&f 1J.- t x
members as chairman and one CJ) as vice-chairman to- serve
for one (13 year In that capacity or until their successors
are elected. The chairmanship of the J9soura* Recovery
Board zhall &Jternato Annually, with a CONTRACT COMMUNITT
representative presiding in even numbered years and a County
Commissioner presiding ir odd numberecr years. A simple
majority of the members of the RosoUrce ROcOverY 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 then once each quarter, to review all
*&poets of the ronouroo rocovery systomp includingo but not
-ze-
limited to, tipping fees, other fees and service charges;
revisions or amondments to the plan of operation; the
formation, implementation and revision of policies and
and--
raestablishmont of resource recovery SyStaft facilities to be
utilixed by the CONTRACT COW(UNITIES and unincorporated
Courty; repairs, maintenance and *zPansion of facilities;
approval and submission of 9?Aftt applications' and any other
management or operational policies or directives which may
be ino#deid from tirao to time.
5.5 The Resource Recovery Board shall adopt In accordance with
the rir4 irements
tipping fees and service charges for users of the facilitiOt
and services fuTmIshoct by the resource recovery system.
5,6 The COUNTY shall provide adequate staff support, Including
tile necessary administrative# cl*rigal. technical and other
required staff B,uppOrt for the Implementation and
administration- of the resource' recovery system during the
term of this Agream*nt� Such employees and consultants
-the Misource,
shall dilToon JY serve
Recovery board and zhall,''Aot -Sdv*catO the separatt interests
of any CONTRACT COMMUNITY, unincorporated CouAty or COUNTY.
The COVNTT shall consent to the request of the Resource
Recovery Board to hire BPeci&I consultants in the *vent tho
COUNTY dots not have available the n000ssary, resourcoB and
—29—
expertise in a particular area, which consent sh&ll not bo
unreasonably withhold. 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 expe n d I t u re, s
for the hiring of such special consultants as well as other
expendituros roferred to JA this Section 5.0 shall be dooned
a public purpos* and be included in the fees and service
charges set forth in Article 6.
3.7 Technical Advisory Committee. There is hereby Created a
TochniC&l Ad%ilsory Cazmittoo couposed of representatives of
._e&ch__CO1UTXACT_C01WUXxT -and
follows;
(a) The chief administrative officer of each CONTRACT
COMUUMITY and COUNTY shall appoint a roprosontativ# who
shall serve until replaced from the public works,
utilities or such other department which p6rfor=l
similar functions for the CONTRACT COMMUNITY and
unincorporated County. The Resource Recovery Board may
t f a yea r to rms up t4o f I we C 5)
additional members representing waste ganerotor.s.,
rocycl Ing or environmental interests and private waste
colloction Companies.
MCHM
(b) Each member of the Technical Advisory Committee oh&I I
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 moetiagm for the purpose of
considering technical Issues regarding the resource
recovery system.
(d3 The Technical Advisory Committee shall serve in an
advisory capacity to both the Resource Necovery Board
and COUNTT-
ARTICLE 8
TIPPING FEES AND SERVICE CHARGES
6.1 The Resource Recovery Board shall adopt and reviss tipping
fees and shall impose and revise service charges which In
each case shall confo'rm with the formulas and other
requiromeAts of this Artl'Cl# 6 and Ar.11010 9 of tbia�
Agreement and In the latter case futthei shall conform with
the terms and provisions of the ordinance attached hereto as
Exhibit D.
-31-
2 The CONTRACT 0061WUNITIES and COUNTY hereby agree as f *I I ows
with respect to the tipping fee for processable waste:
each haul or to COUNTY shal I be tORTY rlVE DOItARS ANO
SO CENTS ($45.00) por ton adjusted from October 1.
1988, in accordance with provisions of Subsections c�i
and Cc) of this Section and Article I hereof. The
elements going into the calculation of the tipping j#9
are ireners3ly the COUKTT's costs of =oeting its
obligations hereunder. Exhibit F to this Agreement
contains a summary of the 01*m*nts of the COUNTT's
costs Of Meeting Its obligations-
ChJ The tippina fee for processable waste Specified In
Subsection CA3 of this Section shall be
increased on a one time basis by the Resource Rocovety
Board If prior to the boglaning of operation of the
initial no'rth*rn and southern facilities of the
resourco recovery system including landfills and
contingency landfills (1) * change in low or event of
force inajoure, as defined in the construction contracts.
or s4rvice agreements.- (it) change In the rate paid
full service contractors by purchasers of electrical
onergy or CIM a change in the COURTT's payment
obligation under the construction contracts and servica
-32-
agreements occurs which increases the COUNTT's costs of
jn*eti:ng Its disposal obligation pursuant to proviotonz
of construction contracts or service agreements. The
tipping f east shall full y compenzat* the COUNTY
for its Increased costs.
(0) The tipping fee for procossable mast* each fiscal ya&r
commencing with the fiscal year beginning Ootob*r 1,
193g, and each succeeding fiscal year thereafter shall
be adjusted automatically yearly by adding to or
subtracting from the then current fiscal year,$ tipping
fee the" alsouAt obtained by multiplying such current
percentage. of the follow ing two Ind'ices as determined
as follows:
1. Fro,* the 1&test producer CWhol9salo) Price Index
for Durable Goods for the region including Broward
County, &S determined and recorded by the Urlft#d
States Department of Labor. Bureau of Labor
Statistics, as available 150 days prior to the
.-- xpiri�tioA qf--fhe fiscal year in which the
:&Iculation is boi . no made for the next fiscol.yoar.
subtract the amount of such index for the same date
in the next preceding fiscal year. The difference
shall be expressed as a percentage.
-33-
2. The change, expressed as a percentage, for st i d
period In the COnSUMOT. PtIC& Index all urban
consumers (CPI-V) for the region Including Brow4rd
county, as aeterminea and recorded by said Zur*jis
of Labor Statistics, shall be similarly Calculated.
The percentage change of each of the foregoing Indicps
so determinod shall be added together. The sun of
those numbers shall then be divided by two to deternine
the average change. expressed as a Percentage, of tbj
two Indices -
In the event that either or both of s#J4 indjc&jL_&h�*jj
no longer be available during the torm of this
Aureement, the Resource Recovery Board shall select j
replacement Index or Indices as required provided t1hat
any such replacement shall . In the best judgement of
the Resource Recovery Board be as nearly the same as
t-be replaced index or indiGes.
Cd) Except as proVi.ded In Article 9 of this Agreement, the
tipping fee for processable waste provided for in this
,Swd tf'o n - 6'.- '"-h K I I- -'b 0 .... tfw 1--c-U-1 a t a d . a n d W-3f a b I i s h * d -b-y--TFe—
Resource Rocove,ry Doard-at, least 1ZO days preceding the
beginning of each fincal year end ahall be effective
for the next ensuing fiscal year.
-34-
6.3 The CONTRACT COWUNITIES and unincorporated County hereby
agree the tipping fee established from time to time by the
COUNTY or full service contractor avd paid by haulers for
d 18 ji-osi-a T-0 f-W10-f-d c 6 s 5 A b 10 W& i -rd�-wMr-bv b
ume and content of the unprocessabl* waste. At no time
shall CONTRACT CONMUNITIES and unincorporated County be
charged a tipping fee for similar unprocessable Waitat which
is higher thon'th* most favorable rats then currently being
charged by the COUNTY or full service contractor at the
disposal facjIlty being used.
5.4 The CONTRACT COWUNITIES and COUNTY hereby consent to the
imp o z F t 10 n Wf It_MVr'VM'e___chRx Sig putscran't to
section lzs_alc53, Florida Statutes, for the purpose of
making up any "disposal obligation revortue shortfall"
projected or incurred by the COUNTY in any f11041 year. A
"dlfpOsal ObligRtlun SOV60" short"ll" is hor*Ln defined tv
320% A the difference. if any, projected or realized by the
COUNTY in any fiscal year bIr subtracting from the total
tipping fees and otber revenue of the resource recovery
system, if any. (the "gross ritvenues"3 the projected or
(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 arty, under
_35-
this Agreement and shall impose or revise the servic&
chara�e to *I imlAsto any estimated disposal obi Igatj ol
revenue shortfall for the ensuing fiscal year-
(b3 If during any fiscal year the gross revenues plus anr
service charge revenues are inadequate to allow COUNty
to =*Ot itz disposal obligttion, tho COUNTY shall
notify the Chairman of the Resource-RecaverY board 0
Writing detailing the reasons for the rOVenue shortfill
and requesting the Resource Recovery Board to Impose or
revise the service charge. The Resource Recovery Baird
shall impose of revise the service charge In ark #moust
sufficient to allow COUNTY to moot its curro
obligations hereunder and to be reimbursed over 4
period of not more than twelve (121 months for
expendi tures a I ready made.
CC) The CONTRACT COMMMITIES and COUNTY for the
unincorporated ares, ogre* to the Imposition of &
service charge by the Resource Recovery Board under the
circumstances d&sor'ibad in this Section 6.4. The bails
me thod of
enforcing the collection of the Same shallL be as -set
forth In Exhibit D to this Agreement as the 84m$ may be
amended from time to time by tb& Resource Recovery
Board and approved by the Board of County
Connuissionart.
-36-
vs I f the not revenues of the raxour�ce recovery 'AYS tam
projected by the COUNTY from the resource recovery system
exceed the cost of meeting its disposal obligations
hereunder in any Ji sea I year by an amount greater than 130%.
then haul#rs making del ivories during such f iscal year shal I
receive a tipping f** credit in an Amount which the R020urco
Rocovery Board estimates will reduce net ro.venues to ISO% of
said costs.
ARTICLE 7
COLLECTION OF TIPPING rEES
7.1 ror tipping fees, the COUNTY shall bill the haulers with
established credit, on at least A monthly basis, in
accordance with the Plan of op*rations. Such haulers shall
pay the COUNTY the full ainonnt of each bill within,thirty
(301 days of receipt-
7.2 Should any hauler fall to pay COUNTY within Such thirty (303
a*y period, the hauler She A I Do 11aDl* for an aadt tional one
nd one-half percent cj-I/'8%) per month of the outstanding.
:alance due'� Should any amount remain unpaid for more than
forty-five (45) days. such haular shall be considered in
default and all of the rJgbts accruing to the COUNTY under
this AUtOOMOnt or at law way be pursued by the COUNTY,
_37-
Resource Recovery Board or any CONTRACT COAMNITY to compel
the hauler to perform Its obligations.
- ---. - -- --1 �- 3—, PJ sppte--qun Bi I I ings
(a) In the event of a dispute as to a billing, the baul*r
shall first pay tho ful'I Kxftouftt of the disputed charfes
when due and shall, within thirty C30) days from the
date of the receipt of the disputed bill. give writt#n
notice of the dispute to the COUNTY. The notice of
dispute shall identify tha disputed bill. state the
amount in dispute and set forth a full statement of the
V:o s-an wh+c-1V--s-%tc-h-dk*pu .
Cb) If not resolved by the hauler and the COUNTYo the
dispute shall be considered by the Resource Recovery
Board who may accept. reject or modify the hauler's
appeal should it det*rmin* thAt the amount of the
billing does not comply with the terms and conditions
of this Agreement.
Cc) Should a hauler disagree with the determination of th*
Resource Radovery Board. it may pursue any remedy
available at law except withholding payment.
7.4 The COUNTY shall have the right to set reasonable insuraAce
and credit requireluo,nts for participating haulers othtr than
-38-
governmental agencies. The COUNTY shall require as a
condition of credit that haulers agree to the collection
procedures in this Article 7 including the dispute
—r es�3 trt tcn-proctdurxs--i-�5a7.3.- -_
7.5 Each CONTRACT COAMUNITY and COUNTT for the unincorporated
area agree to include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that the hauler shall comply with the
provisions of this Article 7 and to enforce such provision.
The COUNTY shall be a third party beneficiary of such
provision.
ARTICLE 8
ANNUAL AWAIT
8.1 The COUNTY shall secure an annual external audit, consistent
with the terms of the service agreem*nts, of the solid waste
disposal and resource recovery system, by a qualified
certified public accountant. Copies of the audit reports
a��' a -.-,bp.., m�r�a��aei-i-t-r�-bl"�--�e---a•f-i�CON'1'°RitCR�' Ct?s6drJN`l`T'tES. •
Resource ttecovery Board 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.
MIUM
ARTICLE 9
ADDITIONS AND IMPROVE XTS
TO--RE5oUl ltECA €liY YS'l±Eb� _.
9.1 This Agreement obligates the COUNTY to construct, operate,
maintain and repair a resource recovery system or cause 0
be constructed, operated, maintained and repaired a resource
recovery system adequate for the disposal of all solid wait*
colleatod in each CONTRACT COSWUNITY and unincorporated
County and delivered to the resource recovery system
consistent with the terms of the service agreements.
Accordingly, the COUNTY may be required from time to time to
incur additional obligations and indebtedness to pay the
cost of acquiring, constructing And reconstructing additions
and improvements ("additions and improvements") to the
resource recovery system..
9.x In the event the COUNTY determines that the resource
recovery system or one or more of its facilities has become
inadequate to meet the COUNTY's,disposal obligation under
this Agreement, but revenue projected to be derived from the
resource recovery system would not be adequate to support
the cost of such additions and Improvements, the COUNTY
shall be authorized to proceed as follows:
(a) If sufficient revenue mould be generated by the
imposition of an increase in the current tipping fee no
greater than 15 percent in excess of the tipping fee as
then established pursuant to Section 8.3 of this
Agreement. the COUNTY may, by resolution of its Board
of County Commiissioilers# request the Resource Recovery
Board to se increase the tipping fee commencing at e
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 Coiamissfotters in the manner described in tad
above if the County Commission and governing bodies of
CONTRACT COMMUNITIES containing at least Hi percent of
the population of all the CONTRACT CMAUNITIES 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
SO 1 n a c Fang—ierc c0,, Ifa7r
this subsection. the Resource Recovery Board shall rely
conclusively on a statement fnrnts.hed by the University
of Florida Bureau of Economic and Business Research as.
to the current best estimates of the population of the
respective CONTRACT COMUNITIES and unincorporated
County.
IZIFt
(c) If the 31 percent approval required by subsection (b)
cannot be obtained within six (6) months of the County
corgmisxion passing its resoiution requesting a tipping
fee increase and if the COUNTY cannot otherwise sati►fy
revenue requirements so as to incur obligations of
indebtedness adequate to pay the cost of additions aid
Improvements necessary to meet the disposal obligation.
the COUNTT, with the advice of the Resource Recovery
Hoard. shall calculate the tons per day by which
current disposal Obligatlon exceeds the capacity of
resource recovery system ,facilities. The plan of
0IDQL&t_IQns wi I l be revised[_b --the Re:n_ ■*.•."eEDve2y
Board in such a =&nnsr AS required to reduce, in an
equitable, pro rats fashion to be determined at the
time, the tone per day which each CONTRACT COi1WHITY
and unincorporated County will be entitled to deliver
or cause to be delivered to resource recovery systam
facilities.
7tRT iC L E I a
OBLIGATIONS UNDER THIS AQlt)~E ENT' ARI~
NOT INDEBTEDNESS OF ANY CONTRACT COMWUNITY OR COUNTY
10.1 The respective obligations of each CONTRACT CO&WUNITY and
COUNTY under this Agreement shall not be an indebtedness of
such CONTRACT COMMUNITY or COUNTY within the meaning of any
1z1FM
constitutional. statutory. charter or ordinance provision or
limitation of such CONTRACT COMMUNITY or COUNTY. Neither
CONTRACT C01MUNITY nor COUNTY is obligated to pay or cause
�y this Agreement except in
to be rid an amounts due under
the manner provided herein, and the faith and credit of such
CONTRACT COMMUNITY and COUNTY is not pledged to the payments
of any amounts due under this Agreement.
This Agreement shall not require any CONTRACT COMMUNITY or
COUNTY to levy or pledge any taxes whatsaerer for the
psyment of any amounts due under this Agreement.
ARTICLE 11
RELATIONSHIPS OF THE PARTIES
11.I Rxcept.as set forth herein& no parties to this Agreement
shall have any responsibility whatsoever with respect to
services provided or contractual obligations assumed by the
other party and nothing in this Agreement shall be deemed to
constitute any party a partner, agent, or local
re re�_1X.e__Qf the other .j0,t.tY or to creat_4ar�Y—tree of
fiduciary responsibility or relationship of any kind
whatsoever between the parties. The obligations to this
Agreement are not Joint, the obligations are separs-te and
several between each of the CONTRACT COMMUNITIES and COUNTY.
-43-
ARTICLE 12
MISCELLANEOUS
12.1 Assignment. This Agreement, or any interest herein. may lot
be assigned, transferred or otherwise encumbered, under say
circumstances by any party without the prior written aonsjnt
of the Other parties to this Agreement. The parties egret,
however, that the COUNTY may assign rights And obligations
under this Agreement as is necessary by the COUNTY with tie
advice of the Resource Recovery Board for the provisions•4f
solid waste disposal services under this Agreement.
12.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 lams of the State of
Florida.
12.3 COUNTY Records_ The COUNTY agrees t0 maintain and cause its
full service contractors pursuant to the terms of the
service agreemante _.t- -joi n a n comp 4 aan accurate
accounti.nq records for solid- waste - transfer or disposal
aervlees provided to the CONTRACT COLDAUNIT1ES and
unincorporated County_ The COUNTY agrees to maintain. or
cause to be maintained information in sufficient detail to
permit each CONTRACT COMMUNITY 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
1_e-_at--hx-ice—Made
available to such CONTRACT COMUNIT'Y all books. records,
computer programs, printouts, memoranda of any kind
wAatsoever 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 athe rwiPe delivered under t h I P
v e rod- -a44-he-r-r --
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 B, attached hereto and made a part
hereof.
Changes in the respective addresser of CONTRACT COMWUNITIES
provided in Exhibit B and of COUNTY provided on the
traa r4—Pa g4 Mma y-b��aeie*om l i ise - o—t i tract -bar et t lr'�rparty
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 t57 business days after the day of dispatch;
notices and consents given by any other means shall be
j
deemed to have been given when received_
-43-
13.3 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 represontatioxts or agrOOMOAta, whethar orai or
written. It is further agreed that no modification,
amendment or alteration in the terms or conditions contained
herrw'iu xhar11 fie--eftwct1var,--unles*--ctr trre�fii�a iif t en
document executed by the governing bodies of CONTRACT
COMMUNITIR3 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_
-45 -
12.7 Additional CONTRACT COMMUNITIES. After Yaroh 31. I987, and
throughout the 'term of this Agreement, any municipal
corporation existing under the IONS of the State and located
in COUNTY which is not already a CONTRACT COiMHUNITY 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 "Nomiliee", shall
give written notice to the COUNTY and Resource Recovery
Board on or before March 31 of the Nominee's desire to
become a CONTRACT COIGAUNITY as of the following October
1, the beginning of the next fiscal year_
Cb) 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
ordinaneats required of CONTRACT COWUNITINS attached to
this Agreement as Exhibits C and E, as such have been
modified or amended as of that date. The effective
a
following October 1-.
he
ic] The written notice shall further acknowledge Nominee's
agreement to waive proviaionis 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 COWUMI TIES would be required to
modify their then existing operations .._._ either ma rations 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 contin9eney
landfill .capacity and other similar costs. The
Resau-�eInon writtell
any municipal corporation eligible to become a Nostinte.
provide a quotation of potential Nominee's share of
such past costs which shall be based upon the estimated
quantity and quality of the potential Nominee's solid
waste which the COUNTY would be required to dispose of
over the remaining JJfv of this Agrvezent. Payment at
such past costs to the COUNTY may be made as a lump rum
by a Nominee upon becoming a CONTRACT COMMUNITY or mty
made by 611W annual ins
q. t7Tlltie ii Cs ' o'roe r-"Y
remaining terra of this Agreement... There shai,l 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 resotiree recovery system,
-48-
(e) When a Nominee has agreed to all of the above terms and
met all of the above conditions, the COUNTY shall give
written notice to the Nominee, existing CONTRACT
COMMUNITIES and Resource Recovery Board that the
Nominee will become a CONTRACT CAMNITY for all
purposes of this Agreement and Exhibits A and B of this
Agreement will be modified as appropriate on the
following October i.
12.8 Confidentiality. Each. CONTRACT CGNWRITY acknowledges that
information COUNTY obtains from a full service contractor
subject to confidentiality restrict_i_ons,._,upder the__
construction contracts and service agreements to the extent
consistent with applicable law.
13.9 Severability. In the event that any provision of this
Agreement shall. for any reason, be determined to be
invalid, illegal or unanfvrceable In any respect. the
parties hereto shall negotiate in good faith and agree as to
such amendments, modifications or supplements of or to this
— -XgTw ome n t- or swc3r�a t ire r -arpP eP� r a t s_ 7t It a o tEe
maximum extent practicable in light of such. determination,
implement and give effect to the intentions of the Patti*$
as reflected herein, and, the other provisions of this
Agreement shall, as so amended, modified or supplemented, or
otherwise affected by such action, remain in full force and
effect.
-49-
12.JO Representations and Warrantiesi Legal Opinions. Each of
the CONTRACT CONUUHITIES and COUNTY hereby represents and
i t s e l f a s P o l l owrs e n d 0► .-0 CONTRACT
COMAUNITY hereby agrees to provide to the COUNTY's bond
counsel and to the COUNTY•s Ceneral Counsel a favorable
opinion of its Counsel dated as of such date that they I.,y
request and on which they may rely in furnishing opinions
to the full service contractors to the following effect:
(A1 It is duly organized and validly existing and*r the
constitution and Iaws of the State of Florida. with full
perform its obligations hereunder,
Cb] This Agreement has been duly altthorIzed'
, executed and
del ivered.by it and cons titUtes its legal, valid and
binding obligation, enforceable against it In accotdance
with its tersas (except as such enforceabiIity may be
limited by Article X, Section iS of the Florida.
Constitution Or bankruptcy, Moratorium, reorganisatian
Ta r1-
gonerally)f
Cc) Neither the execution or delivery by it of th(s
Agreement, not the performance of its Obligations
hereunder or the fulfillment of the terms and conditions
..so-
hereofCi) conflicts witb. violate• or results in a
breach of the Constitution. any law or gove'rusent
regulation of .the State :of Florida, or any other local
law or ordinance or (is) conflicts with, violates or
results in any breach of any term or condition of any
judgment or decreer 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
123_01CS), Chapter 163 and Chapter 76 of the plorida
— -'fit a tutas-,---and —stx ones--ha•s !^aa4y- ern t aken r�r�
approval, authorisation. 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 valia execution. delivery and performance 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
or, to its best knowledget threatened against it which
might materially adversely affect the taking or exercise
by the Special District or the Resource Recovery Board
of the &*Lions to be taken by either of thins or the
powers to be exercised by either of then under this
Agreement, or the performance by either of them or it of
their and its obligations under this Agreement or which
challenges, or if adversely datermined 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 COMfiJNITY shall indemnify, defend and hold hsrmisss
the other, their officers, employees and agents Era* and
against any liability, claims, demands. actions. costs,
exponses, losses or damages whatsoever, including reasonable
attorney,$ fees* that may in any way result from any
negligent acts arising out of.the perfarmance of its
-so-
ARTICLE 14
CONTRACTS WITH HAULERS
14.1 Each party to this Agreement agrees to cause the terms End
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 it$ execution herePf.
ARTICLE 13
CESSATION
_ 13 1.1La.n;r CQNTSACT-_Z0MMUN-ITY. uzj- .car noratad cauriL-4-r--COlJNT-T --
shall fail to perform or observe any of the material terms
and conditions of. this Agrevimeat for a period of sixty (80)
days after receipt of notice,of such default from another
party or Resource Recovery Hoard, the party giving the
notice of default may be entitled, but not required, to seek
specific performance of this Agreement. The parties
acknowledge that money damages may be an'inadequat• remedy
for the failure to perform and that -the party giving notice
..._ _.,.__.�i�—ent�rt-}ed�trl�Ee-�i�7n--a•n—orei-o�--rcel-sri-ri-rr�j—npa�-a�i-f-ice_.
performance by the other party. Failure of any party.to.
exercise it$ rights 1n the event of any breach by another
party shall not constitute a waiver of such rights. No
party shall be deemed to have waived any failure to perform
by another party unless such waiver is in writing and signed
-53-
by the waiving party. Such waiver shall be limited to tha
terms specifically contained therein. This paragraph shall
be without prejudice to the right of any party to seek such
just legal remedy far any breach of the other as may be
available to it.
13_2 Resource Recovery Board shall provide for the equitable
distribution of.the Broward Solid Waste Disposal Alstrict's
assets and liabilities to the CONTRACT COWUNITIES.
unincorporated County and COUNTY at the and of the terra of
this Agreement. The Resource Recovery Board shall cohsidrr
any perpetual maintenance responsibilities of the COUNTY In
.__.—
ARTICLE 16
DURATION
to.I This Agreement shot be effective for ee,oh CONTRACT
COMWUNITY and unincorporated County from the date of
execution for a period ending twenty (20) years from the
date die -facility or contingency landfill servicing the applicable
CONTRACT COIrWNITT or unincorporated County as provided for
in the plan of operations becomes operational In accnrdanGe
with the terms of the► service agreements or otherwise, but
in no event earlier than the later of the final maturity of
-'4-
any indebtedness of the COUNTY issued with respect to the.
tretouroe recovery system or expiration of the initial term
of the northern and southern resource recovery facility
service aareecments .
IN WITNESS WHEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUHTT through Its BOARD OF COUNTY
COMMISSIONERS, signing by and through its Chairman, authorised to
execute same by Board action on the 3� day of Zywz= ...
I98 7, 'and each CONTRACT COMMUNITY, signing by and through
officers duly authorised to execute same.
--go-
C a U N T Y
ATTEST:
Caun�y AdminfstTator and EX-
offlcio Clark of the Board of
County Commissioners of
11roward County. Florida
HOWARD COUNTY, through its
BOARD Or COUNTY COMMISSIONERS
r
i
Ch'a i rman
z� day of Apri,_, 19.
Approved as to form and legality by
Office of Censfal Counsel
for Broward County, Florida
SUSAN F. DLLEGAL. General Counsel
Governmental Center, Suite 423
113 South Andrews Avenue
Fort Lauderdale, Florida33301
Telephone: (303) 337-7600
Assistant C4naral Counsel
ViC"TGR-A FI;LLXCWSZI MNART)
ATTEST:
City Clerk
C O N T R A C T C O u M U N I T T
Ci tY 0.f_TaMAna.C____ -
Nam- of Contract Coa=Ur,lcj
Vice �(a _ 6ycLley M. Stelfl
25th day of (4trc^ is
By
�City Manager - tO P. Kelly
25ih.. day of - March —, l I
APPIOVE0 AS TO POR,M1
(CORPORATE SEAL)
Ct y �otna '
A B yen Apt e 4 tee
STATE OF FLORIDA )
) SS:
COMl y OF DROWARE )
T HER E$ days -before—me: n qTi "cer� auttx
in the State aforesaid and in -the County aforesaid to take acknowlec
personally appeared Sydney H. Stein, Vice Mayor and John P. Kelly,
Manager to me known to be the person$ described in and who executed
foregoing instrument and they acknowledged before me that they exec
the same.
WITNESS my hand and official seal in the County and State last afurl
this 25th day of March, A.D., 1987.
MY COHMISSION EXPIRES; .�
-37- �A GBLI
1914ift •DIIIC Sun W rotm1
Yr Cv*R1$3:oy (tr '.CPT 11.1sto
f0LX0 loR at4(W 1t$, W.
E.IHIBIT A
NAMES OF THE CONTRACT COMMUNITIES
i
1.
Fort Lauderdale
2.
Coral Springs
3.
Plantation
4.
Sunrise
5.
Deerfield Beach
6_
Margate
7
Miramar
8.
Davie.._.._...-._..�....
9.
Tamarac
10.
Lauderdale Lakes
11.
North Lauderdale
12.
Coconut Creek
13,
Cooper City
14.
Wilton Manors
1-5---Lighthnuse
point-- -
16.
Pembroke Pack
17.
Lauderdale -by -the -Sea
18,
Hillsboro Beach
19.
Oakland Park
20_
Hollywood
7.1.
Lazy Lake
22.
Lauderhill
23.
Sea Ranch Lakes
24.
Weston
EXHIBIT "A'•
A RESOLUTION ADOPTING A SCHSOULE OF SERVICE
CHARGES TO BE IMPOSED UPON THE OWNERS OF ALL RES-
IDENTIAL AND COMMERCIAL IMPROVED REAL. PROPERTY
IN THE BROWARD SOLID WASTE DISPOSAL DISTRICT TO
PROVIDE THE REVENUES TO MEET THE DISPOSAL OBLIGA-
TION REVENUE SHORTFALL ON ACCOUNT OF THE FISCAL.
YEAR BEGINNING OCTOBER 1, 19 , AND ENDING
SEPTEMBER 30, 19 ; PROVIDING FOR THE HOLDING OF
A PUBLIC HEARING AND THE NOTICING THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to authority granted by the Constitution and
laws of the State of Florida, and particularly Chapter 125, Florida
Statutes, Brvward 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 tho Contract Communities pursuant to
authority granted by Chapter 163, Florida Statutes,_ have entered into an
Interlocal Agreement dated November 25, 1936, 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 authorlty contalned 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 Fnabling Ordinance, the Resource Recovery Beard has
determfryed-----that- a disposal—obJ-ivtion hortfali—is -- prof attied to
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
meat 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 inW the preambles to this
Resolution are hereby approved and adopted,
Section 1. . 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--
-2-
nance; provided, however, that such service charges may not be imposed
and collected until the public hearing provided for in Section 3 hereof has
been noticed and held.
Section 3. Notice of public hearing of the adoption of this
Resolution shall be published in , c
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
-----ir�the-taf. plor"raoa - -_
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 Mroward solid Waste Disposal District
consisting of the cities of [list Contract Communities) and
unincorporated Broward County to make comment to the
K@source Kecovery t3oara OT Salo wistrict as to sucrf 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
--- -eco er--y--system, ..which_..servcs. Ao... provide. _
posal services to the District.
Copies of the rate resolution containing a schedule of
service charges which will be adopted by the Resource
Recovery Board at the conclusion of the public hearing will
be available for examination by interested parties at
In the Gity of
Florida, between the hours of
a.m. and p.m. on- Monday through
____...._._..._.__._...__—Fr{day to and including ,
. '19
BROWARD SOLID WASTE DISPOSAL
DISTRICT
CHAIRMAN OF THE RESOURCE
RECOVERY BOARD
Section 4. Section 3 of this Resolution shall become effective
Immediately. The balance of this Resolution, including Appendix A hereto,
shall become effective immediately upon adoption following the public
ADOPTED the day of 19�
4-
APPENDIX A
Scharf of Ser_uic"harget *�Trapese
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 Prq ert " means all commercial
(except for hotels --motels), industrial, institutional, agricultural,
government -owned and miscellaneous improved real property as so classified
an the records maintained by the Property Appraiser.
"Residential lm roved Real .-Property" means all single faintly,
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 Deal
Property as shown on the records maintained by the Property Appraiser.
-5-
Section 2. Determination of Billin Units
for onresidential.
A. Billing Units of story up to qdi re
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 Feat; 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, I sundries up to Square Feet; Service
Stations up to Square Feet; Auto Sales, Repair and Storage, Auto
Service Shops, Body and Fender Shops, Garages .(Commercial), Farm
Machinery Sales S Services up to . Square Feet; Florist, Greenhouses Lill
to Square Feet; Theaters (Driver -in), Stadiums (Not enclosed) up to
Square Feet; Theaters (Enclosed), Auditoriums (Enclosed) up to
Square Feet; Night Clubs, Cocktail Lounges, Bars up to Square Feet;
Bowling Alleys, Skating Rinks, Pool Halls, Arenas (Enclosed) up to
Square—Jreg�Ca�up�o 54uare..._F�.t: Lig,ht__Manufacturing., Small
Equipment Manufacturing Plants, Small Machine Shops, Instrument
Manufacturing, Printing Plants up to Square Feet; Lumber Yards,
Sawmills, Planning Mills up to Square Feet; Packing Plants, Fruit and
Vegetable Packing Plants, Meat Packing Plants up to Square Feet;
Canneries, Fruit and Vegetable, Bottlers and Brewers Distilleries, Wineries
-6-
up to Square Feet; Other Food Processing, Candy Factories, Bakeries,
Potato Chip Factories up to Square Feet; Mineral Processing, Phosphate
Processing, Cement Plants, Refineries, Clay Plants, Rock and Gravel Plants
up to Square Feet; Warehousing, DIstribution Terminals, Trucking
Terminals, Van and Storage Warehousing up to Square Feet; Open
Storage, New and Used Building Supplies, Junk Yards, Auto Wrecking, 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;
Or anaaes uup to _!. quare Feet; Mortuaries .,,___Cemeteries, C.rematorlums
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 Peet; and Petroleum and
Gas up to Square Feet.
B. Billing Units of Stores, I story front to
Square Feet; Stores and Office, or residential combination from to
Square Feet; Office Buildings, 1 story from to Square Feet; Office
Buildings, multi -story from to Square Feet; Professional
_....�_.__..__._....____ p , arts Air riVate. commercial"Wfrom to 5quara Feet;
Buildings,, p
Restaurants, and Cafeterias from to Square Feet;- Drive-in
Restaurants from _ to Square Feet; Financial Institutions (Hanks,
Savings and Loan Companies, Mortgage Companies) from to Square
Feet; Insurance Company National Regional Offices from to Square
i -7-
Feet; Service Shops, Radio and T.V. Repair, Refrigeration Service, Paint
Shops, E1cGtrIG Repair, Laundries from to Square Feet; Service
Stations from to Square Feet;, Auto Sales, Repair -an V
Stetid Storage,
Auto Service Shops, Body and Fender Shops, Garages (Commercial), Farm
Machinery Sales E Services from to Square Feet; Florist,
Greenhouses from to Square Feet; Theaters (Drive-in), Stadiums
(Not enclosed) from to Square Feet; Theaters (Enclosed),
Auditoriums (Enclosed) from to Square Feet; Night Clubs, Cocktail
Lounges, Bars from to Square Feet; Bowling Alleys, Skating
Rinks,. Pool Halls, Arenas (Enclosed) from to Square Feet; Camps
from toSquare Feet; Light Manufacturing, Small Equipment
Manufacturing Plants, Small Machine Shops, Instrument Manufacturing,
Printing Plants from to Square Teet; 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 flood Processing, Candy
Factories. Bakeries, Potato Chip Factories from to Square Feet;
Mineral Processing, Phosphate Processing, Cement Plants, Refineries, Clay
ants, Kocx ana t,ravei rlanzs from iv ayuar e
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
-11-
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 Flails
from to Square Feet; Utility, Gas and Electricity, Telephone and
Telegraph, Railroads, Water and Sewer Service, Pipelines, Canals from
to Square Feet; and Petroleum and Gas from to Square Feet.
C. Billing Units of Stores, t story in excess of
Square, Feet; Stores and Office, or residential combination in excess of
Square feet; -Office Bulldings, 1 stoEy in excess of Square Feet; Office W
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, i:lectric Repair, Laundries in excess of Square Feet; Service
Stations n excess of"ry Square"F�t� �►ufSales, RepaPr gee
Auto Service Shops, Body and Fender, ,Shops, Garages (Commercial); Farm
Machinery Sales G Services in excess of Square Fact; Florist,
Greenhouses in excess of Square Feet; Theaters (Drive-in), Stadiums
(Not enclosed) in excess of Square Feet; Theaters (Enclosed),
-9-
Auditoriums (Enclosed) in excess of Square Feet; Night Clubs, Cocktail
-Lczecnges,-_-_Sars.... jn _.excel*. of.. ----._.ware Feel• Bowling Alleys, Skating
Rinks, Pool Halls, Arenas (Enclosed) in excess of Square Feet; Camps
in excess of Square Feet; tight Manufacturing, Small Equipment
Manufacturing Plants, Sm211 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 cxcess of Square Feet; Othar Food Processing, Candy
raciories, pdKerles, rotavu L.nlp raG[UrICS in CXLU55 of JGlllarB rea;;
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
ubject to Indiviual Calculation.
The following Nonresidential Improved Real Property shall pay an
annual' Service Charge equivalent to the appropriate category of
Nonresidential Improved Real Property based upon an individual
determination of the annual volume of solid waste generated by the
particular parcel of Nonresidential Improved Real Property. The individual
-determination of ansa{=�t�.--,cntuine -ca �talitLruaste—gener..ated--by—th"articuW
parcel of Nonresidential Improved Real Property shall be calculated based
upon they size of the container and collection frequency used, or
recommended for use, by the particular parcel of Nonresidential Improved
Real Property.
INDIVIDUAL CATI=GORY: Department Stores; Supermarkets; Shop-
ping Centers (Regional); Shopping Centers (Community); Marinas; Wholesale
Outlets, Produca Mouses, Manufacturing Outlets; Tourist Attractions, ,Per--
manent .Exhibits; Race Tracks, Horse, Auto or Dog; Jai Alai Frontons; Golf
Courses, Driving Kanges; heavy inuuszrjai, rleavr G4u1Fr1uc11%. nw■{.,a�,rw{"
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.,.__CCIIecg*$ H-aSRitals.;� Federalother_, than Military, Fnreats. Parks,,,
Recreational Areas, Hospitals, Colleges; Municipal other than Parks,
Recreational Areas, Colleges, Hospitals; and Leasehold Interests.
Section 4. S ecific Service Charges.
A. Improved Real Prope_rtx.
1. Single Family Residence
$
per unit per year
2. Mobile Homes
$
per unit per year
3. Multi -Family --less than
10 Units
$
per unit per year
4. Multi--Family---10 units
or more
$
per unit per year
S. Condominium Residence
$
per unit per year
6. Cooperative Residence
$
per unit per year
7. Retirement Home
$
per unit per year
a. Hotels -Motels
$
per unit per year.
S. Nonresidential Iml2roved Real Proper!.
Base Rate per Billing Unit per year.
C. 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
VFM :eb
2/12 /37
187-403
-12-
f-W:lcor-NIN
NAMES TO WHOM NOTICES ARE TO BE DIRECTED
1. Mayor
City of Fort Lauderdale
100 North Andrews Avenue
Ft. Lauderdale, Florida 33301
2, Mayor
City of Coral Springs
9551 West Sample Road
Coral Springs, Flolrida 33065
3. Mayor
City of PIantation
404 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
DeeerSeid Beach, Florida 33441
6. Mayor
City of Mar'Rate
5790 Margate Boulevard
Margate, Florida 33063
7. Mayor -
City of Miramar
6700 Miramar Parkway
Miramar, Florida 33023
8. mayor
Town of Davie
6591 S. W _ 45 Street
Davie, Florida 33314
—59—
9. Mayor
City of Tamarac
7525 N.W. 88 Avenue
Tamarac, ,Florida 33321
Mayor
City of Lauderdale Lakes
4300 N.W, a6 Street
Lauderdale Lakes, Florida 33319
11. Mayor
City of North Lauderdale
701 S.W. 71 Avenue
North Lauderdale, Florida 33065
12. Mayor
City of Coconut Creek
4800 W. Copans Road
Coconut Creek, Elorida 33066
13. Mayor
City of Cooper City
9090 S.W. 50 Place
Cooper City, Florida 33329
14. Mayor
City of Wilton Manors
524 N.E. 21 Court
Wilton Manors, Florida 33305
15. Mayor
City of Lighthouse Point
2200 ME, 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
IS, Mayor
Town ofRiMboro 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 333701
20. Mayor
City of Oakland Park
36501` 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
Lary Lake, Florida 33305
23. Mayor
City of Lauderhill
2000 City Hall Drive
Lauderhill, Florida 33313
24. Mayor
Village of Sea Ranch Lakes
1 Crate House Road
Sea Ranch Lakes, Florida 33308
2S. Mayor
City of Weston
2500 Weston Road, Suite 101
Weston, Florida 33331
F*7_W-_3_"M'
ORDINANCE NO.
AN ORDINANCE ESTABLISHING SOLID WASTE FLOW
CONTROL PURSUANT TO SECTION 403.713, FLORIDA
STATUTES AND SECTION 3.3 OF THE INTZRLOCAL
AGREEX= HATED NOVEKBER 25, 1986 BY AND
BETWEEN TRZ CONTRACT COMMUNITIES AND BROWARD
COUNTY, FLORIDA; DIRECTING THE DELIVERY OF ALL
SOLID WASTE GENERATED WITHIN - (THE
UNINCORPORATED AREA OF TIE CONTY OR ITS
GEOGRAPHICAL BOUNDARIES) TO THE RESOMCE
RECOVERY SYSTEM DESCRIBED BLREiN;
RELI-NQUISRINC TITLE TO SOLID WASTE COLLECTED
OR GENIRATEO WITHIN [THE UNINCORPORATED AREA
OF TAM COUNTY OR ITS GEOGRAPRICAL ROMnARIES)
UPON DELIVERY OF SUCH SOLID WASTE TO SAID
---- ODRCE RECOV:ERY .--SYSTEM; AND PR0V1DM"-
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
-IREAS, 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 wastes 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"R (2) "any local government
general law or special act may institute a
e—pUr-s-u&ate -
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.
WHMI=, consistentf with Chapter 403, Part IV, Florida
Statutes and in furtherance of addressing the problems created
by the disposal of solid waste, certain municipalities within
the County (the "Contract Communities") have entered into an
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
WHE. AS, Section 3.3 of the Ynterlocal 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
MIEMEA!3, 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, THMEPOPM, be it ordained by the [governing body of
Contract Community or Board of Commissioners of Hroward
.Count-y.�,-ZJ,or ida,,--that -; -
Section 1. Yindings.
Tne findings set forth In the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section 2. Dgfinitions.
-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
_...__.,..M.., ,_.._....__ 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) ContractThe ' 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
_--Tnterlocal Agreement.
(b) o n The term "County" shall refer to
Broward County, Florida, d political subdivision of the State
of Florida.
(c) Hauler. The term "hauler" shall refer to those
persons, firms or corporations or governmental agencies
responsible (under either oral or Written contract, or
otherwise) for the collection of solid waste within the
geographic boundaries of the Contract Communites and
transportation to the resource recovery system.
(d) Interlocal Agreement.- The term "Interlocal
Agreement" Shall refer to that certain interlocal. Agreement,
dated November 25, 1986, by and among the County and the
QM
Contract Communites, ,as amended or supplemented Pram time to
time pursuant to the provisions of the Interlocal Agreement.
(a) Resou, Le Recpyery SvstLem. The term "resource
recovery system" shall refer to the resource recovery _.....,...."
facilities which are constructed, operated and maintained or
caused to be constructed, operated and maintained pursuant to
the Interlocal Agreement.
(f) ,,olid_Wastg.. The term "solid waste" shall have
the meaning set forth in Chapter 403, Part IV, Florida
Statutes, as amended from time to time, as limited or expanded
by• the terms "processable waste, unprocessable waste and
uriacceptabl,e_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 reso. _.
urce recovery system i�ified., 3:n.--the----
Interlocal Agreement for the disposal of all solid waste
generated within the [City of or the unincorporated
area of the Coun�yj 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 ail solid waste generated within [its geographic
boundaries or the unincorporated area of the County] be
delivered to- the resource recovery system transfer or disposal
facility or facilities' designated in the plan of operation
under the Interlocal Agreement and further hereby relinquishes
any and all title and interest in solid waste collected or
generated within its geographical boundaries upon delivery of
such_,s.alid waste__I ,_the resource,,, recovery stem nn
disposal facility or facilities designated in said plan of
operations.
(c) The [city of r or the Board of
Commissioners of Broward County,] Florida will conform the
terms and conditions of any agreement that it may have with a.
hauler of solid waste to the terms and conditions of the
Interlocal Agreement.
(d) Nothing herein is intended to either discourage
or prohibit either voluntary or' locally orciaineo soia.a wascO
segregationprograms 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.
GONE AND ADOPTED in regular session �fiis^ ay o
, 19
[GOVERNING BODY)
By:
Title:
—7—
EXHIBIT D
ORDINANCE NO. 87-3
AN ORDINANCE CREATING THE BROWARD SOLID
DIS-PUa�AL pf!;YkltT; PROVIDING FOR ITS GOVERNANCE
BY THE RESOURCE RECOVERY BOARD AND THE TERMS,
COMPOSITION AND DUTIES OF SAID BOARD; PROVIDING
FOR THE IMPOSITION BY SAID BOARD OF SERVICE
CHARGES FOR SOLID WASTE DISPOSAL SERVICES TO BE
PROVIDED WITHIN THE DISTRICT ON THE OWNERS OF
IMPROVED REAL PROPERTY WITHIN THE DISTRICT;
PROVIDING FOR SUCH SERVICE CHARGES TO BE IMPOSEb
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
1JCFf SERVICE 1-FA1�6E5 EF�E--iMPGS-ED;, PROV,IDl-
PROCEDURES FOR APPEALS TO THE RESOURCE
RECOVERY BOARD; PROVIDING PROCEDURES IF SERVICE
CHARGES ARE OMITTED; PROVIDING FOR SERVICE
CHARGES APPLICABLE TO GOVERNMENTAL AGENCIES,
LEASEHOLD INTEREr TS 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 authorizes!
uant_to Section 125.010)(k) and (p), respectively, Florida Stait_tgs,_to
provide and regulate waste collection and disposal and to enter ,into
agreements with other governmental agencies within the boundaries of the
County for joint performance by one unit in behalf of the other, of any of
either agency's authorized functions; and
WHEREAS, the. County has heretofore incurred System Indebtedness
(hereinafter defined) pursuant to Chapter 159, Part II, 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 municipaii-
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-tmdertakes--resotfee--pesover-"f-solid te-may-eentral-4he
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 )urisdiction; and
WHEREAS, . the County and Contract Communities each have ar 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
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Recovery System and to pay for such services as provided in the lnterlocal
_....._—_--A gr-eement; -and
WHEREAS, the County and Contract Communities each have or will
have adopted waste flow control ordinances directing that solid waste
generated within their respective geographical boundaries be delivered to
the Resource Recovery System; and
WHEREAS Section 125.01(5), Florida Statutes, provides that the
governing body of a county shall have the power to establish 'special dis-
tricts to include both incorporated and unincorporated areas, subject to the
approval of the governing body of the incorporated area affected, within
which may be provided municipal services and facilities from rLtnas aeriveo
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 lnterlocal 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
Mc
County ordinance and to be approved by ordinance of each Contract
�4CC►friunity; 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 T. FINDINGS_
1.01 The findings set forth in the foregoing preambles to this
Ordinance are hereby approved and confirmed.
Section 2. DEFINITIONS.
2.01 For the purpose of this Ordinance, the definitions contained
in the 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
4s--*tw*yes-mandatory-anal--not-merety--directorymm-
(a) Addendum means the list prepared by the Property
Appraiser- and confirmed by the Resource Recovery Board for
each Fiscal Year In which the .Service Charge is imposed con-
taining the same information as the Service Charge Roll as to
any parcels of Improved Real Property not incorporated in the
corresponding Service Charge Roll and incorporating any
changes as to the information specified for any parcel of
Improved Real Property on the corresponding' Service Charge
Roll.
(b) Chairman means the Chairman of the Resource Recovery
Board and any successor to his functions.
(C
Commercial improved Real Property means all Improved Real
Property primarily used for commercial activities and enter-
prises and excludes all lmproved,,,&eaL_ _roparty
for resldentiaiVTpurposes, including but not limited to, such
residential uses as tingle 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--37SO dated September 30,
1986, and any successors thereto to design, construct, test,
maintain, repair .and have accepted" the southern facility and
northern facility, respectively, or any other Full Service
Contractors to design, construct, test, maintain and repair a
part of the .Resource Recovery System.
(e) Contract Communities means the municipal corporations
Iwcafed - i Fr the or ty--which- -are- Loth— rti
Interlocal Agreement and included within the District.
(f) Count means Broward ' County, Florida, a-. political- sub-
division of tho 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.
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(h) District means the Broward Solid Waste Disposal District, a
special district created by the Ordinance pursuant to the
_ authority�c ranted_by Section 125.01 (5), Florida_ Statutes, and
any successor thereto.
(1) Disposal ObIl ation Revenue Shortfall means the difference,
if any, projected or reali2ed by the V.aunty 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 lnterlocal Agree-
ment and the Service. Agreements) of meeting its obligation
under the Interlocal Agreement to provide for the disposal of
all solid waste generated in each Contract Community and in
the unincorporated area of the County.
(j) Fiscal Year means the period commencing on the first day of
October of any year and ending an the last day of September
of the following year.
M Fu W'Service o n t r a c tors means a7oiiFson, firm or corporation
w ich as 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 As 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
iig-ir`tc-t—ar - other—ucnit erit nut-located"-WrMinn—tPie
District but which is the Owner of Improved RAal Property
within the ❑istrict.
(m) improved Real Property means all real property located
within the District that generates or is capable of generating
solid waste and that contains buildings, structures or other
Improvements designed or constructed for and suitable for use
or used for human habitation or human activity or commercial
enterprise,
_G_
(n)
Col
(p)
(q)
(r)
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` trice tt`d�wesfe �ott�cf withir� �iheir
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.
Ordinance means this Ordinance adopted by the County Com-
mission on March 10, 1987, and any amendments or supple-
ments thereto.
Owner means a person or. persons owning an interest in
Improved Real Property located in whole or in part within the
District.
person means an individual, firm, partnership, corporation.
association, executor, administrator, trustee or other legal
-'�Pt-ti�y�Pt►�tingrrlt►r--ar..plural;-�nastttl-ir+t-or-femirin ..- F�..
the Context may require.
(s) Propert Appraiser means the Property Appraiser of the
County or the offl er succeeding to -his functions.
(t) Rate Resolution means I resolution adopted by thet Resource
Recovery Board pursuant to Section 7 of this Ordinance in-
corporating a schedule of Service Charges to be imposed upon
the Owners of all Improved Real Property within the District
on account of a Fiscal Year.
(u) Resource Recovery Board means the Resource Recovery
Boar creates -by Section 4 Board.
this Ordinance as the governing
board of the District ,and any successor thereto.
(v) Resource RecoveEX System means the resource recovery facili-
--- ies ieFf are _or re ablsed to be -co ntra•,-+ �+ oiler _d, - -
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.
6A
(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 in
to
between the County and SES Broward County, Limited Partner-
ship pursuant to Resolution No. 85-3007 dated August 19,
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 Char e: 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-
-service a '-Roil-- M n —prepared My and baseid
upon the certified roll of the Property 'Appraiser. and con-
firmed by the Resource Recovery Board for each Fiscal Year
in which the Service Charge is imposed containing a summary
description of each parcel of Improved Real Property within
the District as indicated on the records maintained by the
Property Appraiser, the name and address of the. Owner(s) of
each such parcel as indicated .on the records maintained by the
Property Appraiser, the rate classification applicable to each
parcel of Improved Real Property as specified in the Rate
.Resolution and the amount of the Service Charges applicable to
each parcel of Improved Real Property for each Fiscal Year in
which the Service Charge is imposed.
(aa) System Indebtedness means all indebtedness incurred by the
county to pay the cost' of acquiring, constructing and
equipping the Resource Recovery System at any time outstand-
(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.
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Section 3. CREATION OF DISTRICT.
3.01 Pursuant t utborit�Sac�-by- ectiac 75.01(rz.'�i=iarida
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
evidence yJ an or mance duty a op ed� y the governing body of
such municipality approving the terms and provisions of this Ordinance, a
certified copy of which shall be. filed with this Ordinance in the office of
the Department of State of the State of Florida. . The approval of the
unincorporated area of the County shall be evidenced by the adoption of this
Ordinance by the Board of County Commissioner$ 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 nteriocal 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.
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Section 4. RESOURCE RECOVERY BOARD;
COMPOSITION; TERMS.
4.01 Tha governing board of tho District shall be known as the
Resource Recovery Board and shall consist of nine (9) members. Four (4)
members shall be members of the County Commission appointed by the
County Commission for a term of two (2) years. Four (4] members shall be
appointed by the Contract Communities as follows:
(a) One (1) member each shall be appointed by the governing
bodies of the two Contract Communities with the largest
population for a term of two (2) years.
(b)
One (1) member shall be appointed by the Contract Community
:nearest—to--thee-median—in--oi.ze--based—upon-pvpula-t-ion for a 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 (1) year in each odd -num-
bered year.
4.02 Each member of the Resource Recovery Board shall be an
elected official, either a member of the County Commission or a member of
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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 Fiorlda , Bureau of Economic and Business
esearch shall be used.
Section 5. OFFICERS • QUORUM,.
5.01 The Resource Recovery Board shall appoint one of its members
as Chairman and one as Vice-chairman, each for one-year terms. The
Chairman shall be a • County Commission representative in odd -numbered
years and a Contract Community -representative in even -numbered years,
The County Administrator shall act as Secretary to the Resource Recovery
Board.
5.02 A majority of the members of the Resource Recovery Board
shall constitute a quorum.
-11-
Section 6. POWERS AND DUTIES.
6.01 The Resource Recovery Board shall perform all du ies„and�tis-
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;
ATE' 1T930LUTI0_N__,-_P_U_BL_1C HEARING A
7.01 The fact that any residential or commercial improved real
property located within the District is designed for occupation ar 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
Resources 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.
7.07 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
.- _..._ _-_- --Fte3uarctervery��3oa rct-shad; based�norrsuttartbn -rPth the aun y, e
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-€urthe"etion—need—be tfall
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 Charge$ may be
created by the Resource Recovery Board from time to time in the event the
Board determines that it is necessary to create such additional categories
to accommodate uses, buildings, structures or other improvements that were
not known or contemplated at the time of the adoption of this Ordinance), in-
corporating a schedule of Service Charges to be imposed upon the Owners of
all Improved Real Property in the District to provide the revenues to meet
the Disposal Obligation Revenue Shortfall having occurred or projected to
occur on account of- such Fiscal Year or the next ensuing Fiscal Year. The
Rate Resolution shall also provide that the Service Charges to be imposed
pursuant thereto shall not be .imposed and collected until a public hearing
provided for therein has been noticed and held.
7.03 Notice of such public hearing shall be published by the
Resource Recovery Board in a newspaper of general circulation in the
County at least. twice, with the first publication being at least twenty, (20)
days `prior to the date of public hearing. Such notice shall contain the
date, time and place of the public hearing, together with a brief descrip-
tion of the purpose of the public hearing and a statement of where copies of
the Rate Resolution will be available for examination by interested parties
prior to the public hearing. Such public hearing may be continued to a
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date certain without the necessity of further newspaper advertisement or
public notice. The Rate Resolution shall be adopted by the Resource
Recovery Board at the conclusion of the public hearing and shall be effec-
tive as of such date.
7.04 1n addition, the Resource Recovery Board shall adopt a Rate
Resolution pursuant to the procedures described in the foregoing paragraph
upon receiving notification from the County as provided in Section 6.4(b) of
the lnterlocal Agreement.
Section S. SCOPR OF SERVICE CHARGE; TIMING;
dISCOU ; 13Ll C IENCY.
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.
T 8.03 The Service Charge imposed under a Rate Resolution shall be
due and payable on November i of the Fiscal Year next succeeding: the
Fiscal Year in which the Rate Resolution is adopted. Discounts for early
payment of Service Charges shall be- at the rate of four percent (40) in the
month of November; three percent (3%) in the month of December; two
6GC
percent (2%) In the month of January; and one percent (M in the month of
_F_e_brvAry._ T_he Service Char a aid 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 (A) 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 (Ist) day of each month thereafter until said Service
Charge is paid in fu _.__..v..
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.
9.02 Unpaid Service Charges shall remain and constitute liens
against such parcels of improved Real. Property within the district from the
-is-
first (1st) day of October of the Fiscal Year for which the Service Charge
is imposed until paid.
9.03 if any Service Charge becomes delinquent by not being fully
paid by the first (1st)' day of April of the Fiscal Year for which the
Service Charge is imposed and remains delinquent, the Resource Recovery
Board upon receipt of the list of outstanding and uncollected Service
Charges for such Fiscal Year from the Tax Collector under the provisions of
Section 10 of this Ordinance shall cause to be prepared a Notice of Lien
containing the amount of the delinquent Service Charge including the amount
or tiie initial penalty as provided in Suction a of this Ordinance, a legal
scr
and the name of the Owner of such improved Real Property as indicated on
the real property assessment roll maintained by the Property Appraiser of
the County. Said Notice of Lien shall be recorded in the public records of
Broward County, Florida.
Section 10. COLLECTION OF SERVICE CHARGES-
DISCHARGE CORD LIEN.
10.01 The Tax Collector is hereby vested with the power, and it
moo---collect--payments.-of-all -current .-Service-Charges—franr-------
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. .
-16-
10.02 The Tax Collector shall mail a second notice to all Owners of
Impfnutd-_ReaL—Proper-ty wtio _.Jaa-v-e—ilct_ psid_..-the_.aPlicable_SerAte charge -
prior to June I 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 .tune of 'each fiscal
Year, the Tax Collector shall prepare a list of 'outstanding and uncollected
Scrvioe 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 Recovery
Board of the aggregate amount due for such outstanding Service Charge
plus, when delinquent, the initial penalty plus the additional penalties
provided in Section 8 of this Ordinance, together with an additional sum to
cover the cost of recording and the total amount due, plus penalties; for
any prior Service Charge or lien for such Improved Real Property that
-17--
remains outstanding and unpaid. When any such lien or liens has been fully
_.._..__ paid and discharged, the County Administrator shall ronerly__.causA Auic ►,.,�
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 t. ENFORCEMENT OF DELINQUENT SERVICE CHARGES.
11.01 Delinquent Service Charges subsequent to the date of the
recording of the Notice of Lien provided for in Section 9 of this Ordinance
shall constitute, until paid and discharged, a lien upon such Improved Real
Property which must be satisfied by payment, togothar with all accrued
— tmalties• plus' costs— and eaisonable--attorn -a-t--the,_time such
Improved Real Property is sold by the Owner thereof or the tittle thereto is
otherwise conveyed or transferred to another person in accordance with law.
Section 12. CERTIFICATION TO TAX COLLECTOR OF
RATE RES61UT-JUN; ALC:ULATI N
SERV 1 h A 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 Roil 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
_10-
parcel, the rate classification applicable: to each parcel of Improved Real
prnrna"v ac cnoriftad in the Rate Resolution and the amount of the Service
Charge applicable to each parcel of improved Real Property. The summary
description of each parcel of Improved Real Property shall be in such detail
as to permit ready identification of each parcel on the real Property
assessment roll. The information specified above to be included in the
Service Charge Roll shall conform to that maintained by the Property
Appraiser on the real property assessment roll.
12.02 In the event any classification of improved Real Property
designated In the Rate Resolution requires an individual calculation of a
Service Charge, the PropertyAppraiser shall calcula#Q an a ermine sucfi
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 then Property Appraiser for
preparation in conformity with the Rate Resolution. The Resource Recovery
Board shall make such changes or additions as necessary to conform such
Service Charge Roll with the Rate Resolution. If upon the completion of
such review, the Resource Recovery Board shall be satisfied that the
Service Charge Roll has been prepared in-onformity with the Rate
Resolution, it shall ratify and confirm such Service Charge Roll and certify
the Service Charge Roll to the 'tax Collector for collection.
12,04 On or
before October 1 of the Fiscal
Year
for which the
Service Charge Roll
is imposed, the Resource Recovery
Board
shall cause to
-19-
be prepared an Addendum to the Service Charge Roll containing any parcels
of Impraved Real Property not incorporated into the Service Charge Roll ba
constituting Improved Real Property on the first (1st) day of January pricr
to the Fiscal Year for which the Service Charge is to be imposed. Included
in such Addendum shall be any change in the information specified for each
parcel of property on the Service Charge Roll. Such Addendum to the
Service Charge Roll shalt contain such information as required in this
Ordinance for the Service Charge Roll and shall be certified in the manner
provided in this Ordinance for the Service Charge Roll.
12.05 The County Administrator in cooperation with the Tax
Collector and the P ais-er—sLhZM.-.caw-se—they-fprfermatio
e
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 roil
maintained by the Property Appraiser.
Section 13. BILLING BY TAX COLLECTOR, DELIVERY OF
RE QR ON pEL1NQ1, 11 SERVICE HA
_73.01^ The Tax Collector shalt mail to each Owr"�r_szf.tmp.r._nv.eci-Rear— _
Property included on the Service Charge; Roll and. Addendum, if any, a
notice of the amount of the. Service Charge imposed on such improvers Real
Property and advising the Owner of the discounts for early payment.
13. U2 Nothing contained in this Ordinance shall be construed or
interpreted to preclude the Resource Recovery Hoard from submitting, within
its discretion, a separately prepared notice of the Service Charge imposed
on certain Improved Roal Property to the Owner of such Improved Real
..-Property, if in-thw-Upinion of-i`hL—Resovrce--R�rcoverysuch proce urge
will facilitate the billing and collection of such Service Charges.
Section 14. CORRECTION OF ERRORS AND OMISSIONS;
PETITION TO ,RE50l1RC ECOVERY 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-
ion�tt�ls�Ordir�'t��rcrv,d�; hawev�Ct�at-arty a � o omission or. �`T_
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 emission or com-
mission in the adoption of ar,y Service Charge Roll or Addendum thereto, if
any, or in the implementation of this Ordinance, including but not limited
to, an error in including any real property on such Service Charge Roil
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 [hoard a written petition containing the name of the
r
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. (wAILUkE TOW INCLUD IMPROVED REALPROPERTY
ON SERVICE CHARGE ROLL.
15.01 When it shalt 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 such error ix discovered plus
_� _apP tmare Service "C17 rge far " tie prc`o wo isca eY ars if s cfF--
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 Char -gas.
15.02 The total amount of such Service Charges shall constitute, and
are hereby imposed, as a lien against such Improved Real Property as of the
"first (1st) -day a cto er o e �s`catf'fear"�7n w��c such resolution is
adopted by the Resource Recovery Board.
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Section 15. SERVICE CHARGE TO G0VERNM5NTAL 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.
15.04 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 I,EASEHOLd
17.01
INTERESTS IN IMPROVED REAL. PROPERTY OYYNED
......... g.......Gp•VERNMENTA ...—AGfN 1 ; TOM 15th+t�ft
REAL PROPERTY LEASED BY A GOVERNh1ENTAL
AGENCY.
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
-z4-
Governmental Agency.
As to such leasehold
interests, the
provisions of
Sections 9 through 11
of this Ordinance shall
be construed to
create a lien
for such Service Charge oii such leasehold only and such lien Shall r.01
attach to the Improved Real Property.
17.02 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 the
private
Owner of any Improved Real Property leased -to a Governmental Agency.
Section 18. DISCRETION OF RESOURCE RECOVERY BOARD TO
93?Mi5t CERTAIN REAS.
Xi The Resource Recovery Soard 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
!mproved--Rba Property--located--wfith ►--Ih exc u e 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 rase 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 scar future.
Section 19. APPLICABILITY OF SERVICE CHARGE TO
TXX-EREMPt IMPROVED REAL PIMPERTY7.
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 steal Property in the Di3trict from the
provisions of this Ordinance or from the imposition by the Resource
g pp such rr,
Recovery Board of the.,., Service Charge applicable a to ... . chIrroved Real ---.....�_...
Property as specified in the Rate Resolution adopted under the provisions of
Section 7 of this Ordinance. The provisions of this Ordinance, including,
but not limited to the' provisions of Sections 8 through 11, and the Service
Charge imposed by the Resource Recovery Board shall be fully applicable to
such Improved Real Property.
Section 20. VACANCY ADJUSTMENT FOR COMMERCIAL
IMPROVED REAL PROPERTY.
20.01 An Owner of Commercial Improved Real Property shall be
-i-ntitlea to an adJus�tt►eiit fi F "the Serviire Charg o e 5 ed�garns�such
Commercial Improved Real Property if the same is vacant on the first (1st)
day of September prior to the Fiscal Year in which the Service Charge is
assessed and if the same was vacant continuously and uninterruptedly for
the entire six (6) calendar months preceding the first (1st) day of
September of such year.
-26-
20.02 In order to be entitled to such adjustment, .the Owner of such
Commerci.al-....1mpr..aued Real file --with the Resource Recaveryc..._......._.._
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 ward may establish a reasonable fee for filing such
a petition. Such petition shall be considered by the Resource Recovery
Board at y,"regu ar or spewl meetiff : -Th"es card- ay
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 a$ provided for in this Ordinance, such Commercial Improved
Real Property shall be assessed for the next Fiscal Year the minimum Service
15 M
Charge for Commercial improved Real Property as adopted in the Rate
Re�vtution.
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] daffy 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 is 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. SFVERABILITY.
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-
6F_r_ eFettere and the -ward-'rord!nance may a cfianged to section, ' �- T
"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 1.9, 1987
i 1 OF
U
/i
I HERESYjr.
:C4r• 'i'iC+ ..�.W-�
J' ;` W .ram'-.:
JZ
VFM:ed
J'dij:�ti 'S L';r �.�,;:�i is:..:.� .►:. C
2111 /87
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07-403
-29--
FxAISIZ E
ORDINANCE NO.
AN ORDINANCE APPROVING TUB TERMS AND
CONDITIONS OF ORDINANCE NO. - , ADOPTED
BY TSE HOARD OF CouNTY do MISSIONER,S or
BROWARD COMnY, FLORIDA, ON , 1986
AND TMMZBY EVIDENCING. Ti3E ELECTION OF THE
CITY of , rLORIDA, TO UNCOME A
1+MMER OF TaE BOWARD SOLID WASTE DISPOSAL
DISTRICT AND PROVIDING All EFFECTIVE DATE.
WHEREAS, because of the contour, elevation and high ground
water level, of Hroward 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
WEMtEAS, because of environmental concerns with utilizing
of landf-ill.ing as the sole method of disposal of solid waste
aene.rated_-v—th€ , certain
municipalities within the County and the County have sought a
joint solution to such concerns; and
WMMFAS, in furtherance of addressing the problems created
by the disposal, of .olia 'waste, certain municipalities within
the County (the "Contract Communities") have entered into an
Interlocal Agreement, dated November 25, 1985 (the "xnterlocaL
Agreement"),- with the County which provides for, among other
things, they disposal T�of solid waste within the Contract
Communities and the unincorporated areas of the County; and
WSEREA-S, Section 5.1 of the Ynterlocal 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
WSERSAS, Section 125.01(5), Florida Statutes, further
grverxc es thzrb - ,r xrit�--each....---spec: district—th-e-re may
provided municipal services and facilities from funds derived
from service charges, special assessments or taxes within the
special, district only.
NOW, THF.REFon, be it ordained by the [governing body
of Contract Community], Florida, that:
Section I. rjndjjjqj-
The findings set forth in the foregoing preamble to this
Ordinance are hereby approved and confirmed.
Section
...2.- pgfinitions.-_...-
For 'the purpose- of this Ordinance, , the- 'definitions
contained 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
MPM
include the future, words in the plural number include th
singular and words in the singular number include the plural.
--Vre ward —"shall" is�la�ays marrdator�r--ar r�et to ely directo-� —
(a) Contract _ Co-gounities. 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) In oca re __ -fine term In oval
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) ELesogrce Rer
overyBoard. The term "Resource
Recovery Board" shall refer to the governing board bf 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. Approval_ pf Creation of District.
(a) The creation of the District and the
establishment of the Resource Recovery Board as the governing
M-M
board of the District and the terms and conditions of ordinance
No. , approved by the Board of County Commissioners ca
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
lnterlocal Agreement and Ordinance No. adopted by the
Board of County Commissioners on
Section 4. Ef a tive Date. This Ordinance shall
become effective immediately upon compliance with any statutory
DONE AND ADOPTER in regular session' this day' of
, 198.
[ GOVERNING BODY).
By:
Title:
-4-
page 1 of 2
MIBIT P
County's Costs of Meeting its Disposal
ent-
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 Proyidinn _ contin enc
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'mitagation purposes.
Page 2 of 2
S. The tipping fee for processable waste specified in
Section 6.2tal of the Agreement was based in part on the
following assumptions being accurate as of the date that the
initial northern and southern facilities begin operations-�
a. Both the initial northern and southern facilities
will be constructed with electrostatic
precipitators meeting an outlet particulate
loading of 0.02 qr/dscf at la% Cox. l+o acid gar
controls are assu;daad!
b. The rate paid the northern and southern facilities
fu.a.rvice' Contractors by ihe�palxsha��auc .ef
electrical onarQy will be 00.0385 and.90.0531 per
kilowatt hour respectivelyr and
a_ The average annual interest rate on the Broward
County Resource Recovery Revenue Bonds. Series
xpali, is eight percent.
6. Differences in the assumptions listed in paragraph $ of
thIs- EjEh i bit - Mtll'i C i rti a'se"`tlr�E'OUN� T Ctrst s ti n�i ts�`
disposal obligatioan pursuant to provisions of construction
contracts and service agrbements shall be considered in making
the one time adjustment to the tipping fee for processable wasta
as specified in Section 6.2[b) of the Agreement.
EXHIBIT G
F I -R S T A. M E N D M E N T
I NT ERLO,CAL AGREEMENT
W I T H
B R O W A R D C O U N T Y
fi 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
��3aPj6ltil*11A
This First Amendment dated for convenience October 1, 1992, tic,
the Interlocal. Agreement .with Broward County for Solid Waste.�_._.
Disposal Services, dated for convenience November 25, D 6. by and
between BROWARD COUNTY, a political subdivision of the State of
Florada, by and through its Board of County Commissioners,
("COUNTY") and the Municipalities whose names appear in Exhibit "AII
of the Interl.ocal 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, Inc., (BFS) a comprehensive proposal to
construct, operate., and maintain a Materials Recovery Facility
(MRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight
(8) Years.
NOW, THERETrORE, the parties do agree to amend the Interlocal,
Agreement as follows:
I_ 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 RRcovary•Fanil.ity, reading as
follows:
Matey l �eEvvery—Faciity Centraet. T'he
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
vk )natexi.als rec5overy facility or any other
full service contractor for the purpose of
designing constmcti_ng, 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
- ed; vgerate�; _ _.m.xntairred; and
repaired by COUNTY pursuant to this Agreement
for the purposes of-recei.v;,ng, processing,
transferring, and shipping materials from
solid waste segregation programs intended for
reuse or recycling. Materials Recovery
Facilities shall kid deeinei;j t.0 be a part oi' 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
Processibl.e 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 tocover the cogt of the
y R_..........._
Materials Recovery Facilityincluding
reasonable ad[m.inistroulve 4QaL5_ A1,1y future
.increase in funding costs (other than
administrative costs) shall not: exceed the
proportionate increase provided in the
Materials Recovery Facility contract_ Funds
may be. drawn from reserves, grant :funds or a
surcharge imposed on processible' waste
dellvered to the resource recovery system.
6.7 Materials Recovery Revenues_ One hundred
percent (100%) of al -I 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
— "aaovery Fa ]key-6or+ht"Fri.-: �rerfkect---thF-
relati,ve 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 Agreement unless
the entity executes an Agreement with the
COUNTY which provides terms_ and conditions
which would allow it to .be considered a
CONTRACT COMMiTNTTY for KRF funding purposes only.
2
FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLM)
WASTE DISPOSAL SERVICE
TN WTTNESS WHFREO'F, thA parties hnret-n hove made and axecutod
{ lkS• -^.bC ��3it4Qr'f.�. �Ori—..thra ryas t-ti vevdates under .. 3C�? Slgi?tUii�v— ----
BROWARD COUNTY through its Board.of COUNTY COMMISSIONERS, signing
by and through its Chair 0 vice Chair, aut rized to execute same
by Board . action an the day o£ rr , 19 q2-, and the
Contract community signxn y and through its ,
duly authorized to execute same.
AT'TEST,7 " _ • , �r/�srrtrrr
i
Cnuht3; Acqc inuisuxu�Qzrz7 anu y
Ex ofALCAS, Clog* of t•e go
of County 144)mmissioliars &
Browafc Cod�;byyur�,'�d+'�41
3
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
I�.� Chair ` day of , 19 3
Approved as to norm by the
Office of County Attorney
Broward County, Florida
JOHN J. COPELA.N, JR., County Attorne
Governmental center, Suite 423
115 South Andreas Avenue
Fort Lauderdale, Florida 33301
Tolaphona= (305) 3S7--7600
Telecopier: (305) 357--7641
By • li.
NOEL M_ .PFEFFER
Deputy County Attorney
FIFRST ANENDNENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
W;,STF. DISPOSAL SERVICE
CONTRACT COMMUN I T Y
WITNESS
ATTEST:
CAROL A. EVAINS
C rt 111' CIF',}(
CITY OF TAMARAC
APPROVE 0 AT MEETING DF 4/ - �;- �, -q -�5
11/19/92
A92-143.07
SOLID. ILA
CITY OF TAMARAC
Name of Contract Community
$ze��,
ayor Commissioner
H L. BEER
day of
Hy
ity manage
o a y Of
Approv7c ;-, s/ro/x or
City Attorne3
NSTC F=,L S . KRAF" I'
Exhibit H
S E C ON D AM E N D MEN T
W I T H
B R 0 W A R D C 0 V R T Y
F 0 R
S 0 L I D W A S T E D I S P 0 S A L S E R V I C.E
SFCONQ AMENDMENT
This Second Amendment dated f or convenience March 1, 1993, to
the Interlocal Agreement with Broward County for solid Waste
Disposal Services, elated for comlvenience November 25, 1966, 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.pali.tiac whose names appear in Exhibit "A"
of`tkr��s'tt8r�oCa1.-.Agree3nent-f�'-CONTRACTY--COM�PFIT-�
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 Househola Hazardous Waage program through diet
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:
1.
Except as may be provided in this Second Amendment, all
eefirredter mns�-used-herein --sh have 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
eemne to e a part O e resource recovery
system.
3. Article G, Tipping Fees and. Service Charges, shall be
amended by the addition of new Section 6.8, --read-ing as
follows:
6. 8 HUuseiluld Iiazar(JoLls Wdst,�- rurlai ng . x'he
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 Agreenent on the respective dates under each signature=
BROWARD COUNTY through its Board of C LINTY COMMISSIONERS, signing
by and through its Chair or vice Chai authorized to ecacute same
by Board action on the __Q jC day of , 19 7 3, and the
Contract Community signing by and t ugn its ,
duly authorized to execute same .
ATTEST:
C U N T
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
�-V�
nunty Adminis 'tor " By
-- '005
Ex officio Clerk of the Board Ch01-r
of County Commissioner'
Broward County, Flort3�j`:ui .;,�� . day df , 1
A.
Abproved as to form by the
0�fice of County Attorney
diowa.rd County, Florida
•' _. OHN J. CORELAN, JR., County Attorney
:'Governmental, Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Tel.enhans�Ca05_)
157-7600
Telecopier; (305) 357-7641.
By
NOEL M. PFEFFER
Deputy County Attorney
-2-
e-g3,(a0
SECOND AMENDMENT INTEPLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
WITNESS
ATTEST:
v
NPLOMMIIN11Y
CITY OF TAA RAC
APPROVED AT MEETING OF 5- (-- -- "1
NY,P : dp
4/5/93
192-143 . D7
SOLI D.IL3
Name 4f Contract Co=unity
By �► .
ayo — commissioner
a-i L_
3 day of 19�2
/city Mana er
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Clt Attorn
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-3-
EXHIBIT I
THIRD AMENDMENT
INTERLOCAL AGREEMENT
WITH
BROWAR17 COUNTY
r0R
SOLID WASTE DISPOSAL SERVICE
This Third Amendment dated for convenience March 1, 1993, to
the Interlocal 'Agreement With' Hroward County for Solid Nauta
_ Dispogal- 25, ip$h., and the
First Amendment thereto, dated for convenience October 1, 1992 (the
"Interlocal Agr"ment"), is made and entered into by and between:
5ROWARD COUNTY, a political subdivi.sio6 of the state of Florida,
hereinafter referred to aeL ''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 Laague of Cities, on behalf of several COHTUCT
COMMUNITIES has requested that the COUNTY agree to certain changes
to the Interlocal Agreement as more spescificatlly'descrlbad in this
Third Amondmantl and
WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the
Interlocal Agreement in accordance with the terrno of this Third
Amendment for the purpose. of: (i) recagni'ziriq certain outstanding
rode todnasa--which-hA4—�n
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 haa-a final
waturity later than the term -of the Interlocal Agreement, and (iv)
relieving the COUNTY of its obligations in the evert the CONTRACT
COMMUNITIES do not approve: a request by the COUNTY for ouch
indebtedness:.
HO'R, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, praxises, covenants and payments hereinafter net forth,
the parties agree as follows:
1. Article 16. Duration, shall be amended to read as
follow":
16.1 This Agreement shall be effective for each
CONTRACT COMMUNITY and unincorporated COUNTY
& rem--'thiw--date--o n- unt�i�u ��fl13
The term of this Agreement shall be ektinded
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 it 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
reapect to the Resource Recovery System for
the purpose of receiving input and'i.nformation
xrom the hoard. Subject to the requirements
of this section, the COUNTY shall be the final
authority to determine whether to proceed with
the is&uanc'a of any indebtedness with respect
to the Resource Recovery Syatom.
16.3 In the event the COUNTY determines that in
this Agreement, it is necessary to incur any
Indebtedness suppbrtwd by any legally
available runds of the Resource Recovery
Systo n with a final maturity date after July
2, 2013, and the COUNTY is unable to obtain
approval to extend the term of this agreement
in connection with indebtodnons to be Incurred
as required by Jlection 1.6.2, then in such
event and subject to the teryas of Section
16.4, the COUNTY shall be fully and completely
excused and relieved ftom performing any of
Its Obligations wider this Agreement which
cannot be performad as a result or the failura
to agree to an extension of the term of the
Agreement.
16.4
The parties acknowledge the existence or the
followinetsourca g indebtedness 'Rec vary System, issued
258, 935, 000 ird
rawara
County, Florida, ]Resource Recovery Revenue
Ronda, Series 1984 (Aroward haste Energy
Company, L. P. North Project), $266,965,000
Hroward County, Florida, Resource Recovery
Revenue Bonds, Series 1984 (SLS Broward
Company, L. P. South Project), $4.8,140,000
8roward county, Florida, Solid waste System
Revenue bonds, Series 1993A, $15,605,000
Broward County, Florida, Solid Waste Systems
Revenue Bonds, Series.1993B, and $1.1,03,000
erowaxd County, Florida, Solid waste System
Revenue Bonds, Taxable saris* 1993C,
(collectively referred to as the "Outstanding
Indebtedness") . Notwithstanding any term or
condition of the Third Amendment to the
contrary, the parties acknowledge that nothing
herein shall excuse or relieve the COUNTY from
tak#ng, n actltcr or per 0 n any act" _..._
required to fulfill the obligations,
repro sentati.one, and covenants of the COUNTY
with respect to the Outstanding Indebtedness
and any agreements, contracts or other
documents related to the Outstanding
Indebtodne8a.. it is the understandinq and
.,2_
intent of the parties that the Third Amendment
shall in no way interfere, limit or ot:hervise
adversely affect in any manner any of the
obligations, at the COUNTY and CONTRACT
COMMuNITIES with respect: to the Outstanding
Indwlatedness and any *grswxentm, contracts or
_-- __..__...pt}:Rr� docu�l,Rll��.__rai� ��d to trha_-OutsZrAnd { ng
Indebtedness.
2. Except as modified herein, the Int:erlocal Agreement: axonq the
parties shall remain in full force and effect.
IN WITNESS WHERL"OF, the parties hereto have nods and executed
this Agreement on the respective dates under +soh signatura:
BROWAxn COUNTY through its BOARD OF COUNTY COMISSIONVR2, signing
by and through its chair or vice Chai uthoarised to execute sass
by Board action on the &P day of 'T , 19-eL, and "a
CONTRACT COMMUNITIES sign ng by and through.1to , duty
authorized to execute aame.
ATTEST
'fSi1um...... through 4 is
COUNTY COMMISSIONER$
Ex-Officid Clark of
the Board or County
Commiaeioners of Broward
County, Florida
Approved a s to form by
C�n��iPAISc"'ry,
Office of County Attorney
.,.•'
Broward County, Florida
' ` .•'
JOHN J. COMAN, TR. , County Attorne}
r YF�^0 1: '� ,•, .
GovaX`nrnenta;7. Cantor, suite 423
=
CwT ?LT =
215 South Andrews A,venua
Fort Lauderdale, Florida 33301
y r
Telephone: (305) 357-7600
Telecopier: (-105) 357-7641
cc
�4rt 7a C�ri4'
By-
KOE1, X. PF'E'FFER
Deputy County Attorney
-3-
•
THIRD AMENDMENT INTERLOCAL AGRUMENT WITH HRoWARD COUNTY rOR SOLT
WASTE VISPOSAL_SERVICE _._.
WITN>°B5C.� CX r'C
Naao of Contract Column t
By Z. Z.5n=��
yor comes as onar
N . L_.. "C erode '
dayOf-_ ---,-ems
ATTEST:
Cuero\ 'A . �v�nS
CITY 4F TA.MARA,C
APPROVED At NEUING OF b - --3C> - `
C ty manage .
7 day o . 1
Ars roved ,48 to LQX=
City Attprney U
xmp : dp
EXHIBIT r
FODRTH AMENDMENT
YNTERLOCAL AGREEMENT
S�ITFi
BROWARD COUNTY
FOR
SOLID, WASTE DISPOSAL SERVICE
,;FOURTH _AMENDMENT
This Fourth Amendment dated for convenience October 1, 1994'
to the Interlocal Agreement with Broward County for Solid Waste
Disposal service, dated for convenience November 25, 1996, and the
Amendments thereto (the "Interlocal-_-A greementst)7.-4s made---and--
'ritered 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, spacial consultants, and legal counsel required ;for the
operation of the resource recovery system; and
WHEREAS, the Resource Recovery Board has requested that ar,
amendment to the Interlocal Agreement be prepared to authorize the
Broward solid Waste Disposal Distract, acting through its Resource
Recovery Board, to hire an executives director- and legal counsel
who would report directly to the Board, and provide advice and
cou# xs3's otTec�3�re�t emirs ;-
WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the
Interlocal Agreement in accordance with the terms of this Fourth
Amendment;
Now, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, promises, covenants and payments hereinafter set forth,
the parties agree as follows:
1. Article 5.6, shall be•amended'to read as follows:
5.6 The Resource Recovery Board shall be responsible
for, and have the power and authority to hire and
employ an executive director and legal counsel who
shall report to, advise, and perform services
:requested by the Board on matters relating to the
Resource Recovery Doard to hire an executive
director and legal counsel in place of -the current
COUNTY staff, and the COUNTY is specifically
released from the responsibility to providA 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
Yi ning p irr �s -per as the otlTer-"e -- ends iTure G--
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 i.n, Article 6.
2_ Except as modified herein, the Iritexlocal Agreement among
the parties shall remain in full farce and effect.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the 'respective dates under each signature:
BROWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing
by and through its Chair oT�,--Vice Chair ,/autha lied to Axecute same
by Board action on the day Of � 1 /G . and the
CONTRACT COMMUNITIES si46 I'1137 9' by an tl,�bbugh its duly
authorized to execute same:
ATTEST:
countTQkel6 anistrato ��N d
Ex-Officio C1ei 'M
the Board of �'"S�Q"
County, Flo li 3w « LP
IL
,•?ply ��,w--•'-----�
CO 1N
BROWARD COUNTY, through its
BOAP-Q OF COUNTY COMMISSIONERS
day o
:,Approve tc/foxm by
Z"Office of county Attorney
Broward County, Florida
tJ"OHN J. COPELAN, TR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fart Lauderdale, Florida 33301
Telephone: (305) 357--7600
Telecop'er: (305) 357-7641
by 1W
NO L M. PFEFFER
Deputy. County Attorney
-2-
FOURTH AMENDMENT TO INTERLOCAT, NGREEMENT WITH BROW:•.. 1 COUMTX FOR
LID WASTE DISPOSAL SERVICE
WITNESS
ATTEST:
Pgrol A. Evans
City Clerk
N" : dp
1/12/96
#93-137.04
RRS . AO 2
0
w3-
ra-cr-c mmun
By -
No man-Abramowic., r
ddy Of .U/LJCG!'jl r ;.9
BY
_.City Manager
. Robert.S« Noe, Jr.
D day of %2.b fJ 19,9&
,qn py d a s-7 tQ j0=
l� l
Csty At ney�
Mi tchell S . - raf t
EXHIBIT K
FIFTH AMEtJQMENT
This Fifth Amendment dated for convenience May 21, 1999, to the Interlocal Agreement
with 8roward County for Solid Waste Disposal Services.("Interlocal Agreement"), datedbr
convenience November 25, 1985, by and between Broward County, a political subdivision of he
State gf iorida, by a_nd .through its Boad...-gf_Cou ner-s,,--i"C-CU- and the----
Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNITIES"),
WITNESSETH
WHEREAS, the Interlocal Agreement was entered into, In pact, based upon enabling legislation
contained in Section 403.713, Florida Statutes, which specifically authorizes local govemmerds
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 G & A Carbone, Inc. v. Towr
ofClarksfown, which held that a local flow control ordinance that required all local waste to ba
processed at a single dasignatad facility effectively prohibited export of waste beyond state lines
without the initial local processing, thereby discriminating against interstate commerce and was,
-- "'e_-`-re; a vtafation oft Clause afth �n-stitLn
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 a/., the ordinances of the County and the partner Cities must be amended
in order to exclude solid waste destined for out of state disposal. It is the intent of this
amendment to require the parties to the Interlocal Agreement to conform the laws and rules
governing the Broward Solid Waste Disposal District to -the case law regarding flow control and
to remove all barriers, restriction, impediments and regulations of whatever nature from any solid
waste generated in Broward County which is destined for disposal outside of the State of
Florida, consistent with- the flow control ordinances of other jurisdictions which have withstood
constitutional scrutiny by providing this exclusion.
NOW, THEREFORE, the parties do agree to amend the Interlocal Agreement as follows:
1. r_xcept 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 wcstc gcncratod within their respoctivo 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 provision
that alt solid waste shall 'be delivered to the resource recovery system transferor
dis osal facili_ ty or facilities designated in the lan o_ f�operations and to en( e�w
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 Courly
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, Except as niodifred herein, the Interlocal Agreement shall remain In full force and
effect.
IN WITNESS WHEREOF, the parties have hereto made and execute this Agreement on
the respective dated under each signature: BROWARD COUNTY through its 50ARD OF
COUNTY COMMISSIONERS, SIGNINd BY AND TH�UGH ITS Chair or Vice Chair,
authorized to execute the same by Board action of the �� day of c.�-►^�. t 999, 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
A
COMMISSIONERS
County Administrator and E
Clerk of the Board of Count
Commissioners of Broward
Florida
a1` `� 91 Chair ?tiac)
dray of72tLr.�.wfti 99f"
••, `v7 n:
inty, ...,.
Approved as to form by Office of the County Attorney
115 south Andrews Avenue
Fort Lauderdale, Florida 33301
�ptry � � .
Noel M. Pfeffer
Deputy County Attorney
Exhibit L
SIXTH AMENDMENT
This Sixth Amendment dated as of �11 , 2001, to the Interlocal Agree+mi
with Broward County for Solid Waste Disposal Services ("Interlocal Agreement"). dated l
convenience November 25, 1985, by and between Broward County, a political subdivision of t
State of Florida, by and through its Board of County Commissioners, ("RUNTY") and t
Municipalities who are parties to the Interlocal Agreement ("CONTRACT COMMUNrMS").
WITNESSETH
WHEREAS, the issuance of the $1,75,665,000 Broward County, Florida Resource. Recove,
Refunding Revenue Bonds, Series 2001A (Wheelabrator South Project, Inc.); $9,330,000 Browal
County, Florida Resource Recovery Refunding Revenue Bonds, Series 2001B (TaxabI+
(Wheelabrator South Project, Inc.); $150,700,000 Broward County, Florida Resource Recover
Refunding Revenue Bonds, Series 2001A (Whc--labrator North Project, Inc.); and $8,000,0C
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; an
I
WHEREAS, said savings is realized as a credit to the Resource Recovery System, since
serves to lower the cost of the operation of the System; and
WHEREAS, the Resource Recove Board desires to pass this savings to the_tnttac
C0rnxrtunf6e-s, in an amount which reflects each Contract Community's contribution to the Resourc,
Recovery System; and
WHEREAS, in order to return excess funds to the Contract Comunities, a mechanism mus
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 shall be added to the Interlocal Agreement and ;hall read as
6.6 Nothwithstanding anything contained herein to the contrary, beginning in Fisca!
Year 2001, and for the remainder of the term of the Bonds (as defined herein)
revenues which are a result of a savings in debt service attributable to the issuance
Of the $175,665,000 Broward County, Florida Resource Recovery Refunding
Revenue Bonds, Series'2001A (Wheelabrator South Project, Inc,); $9,330,000
Broward County, Florida Resource Recovery Refunding Revenue. Bonds, Series
2001B (Taxable) (Wheelabrator South Project, Inc.); $150,700,000 Broward County,
Florida Resource Recovery Refunding Revenue Bonds, Series 2001A (Wheelabrator
North Project, Inc.); and $8,000,000 Browaxd County, Florida Resource Recovery
FIFTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD COUNTY FC
WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
Joe Schreiber, -Mayor
City of Tamarac
Nam-e�ntract-Eammui i ty---_
IL day of
W
Refunding Revenue Bonds, Series ZOOIB (Taxable) (Wheelabrator North Project,
Inc.) (collectively, "Bonds"), shall be distributed, no more than quarterly, to the
Contract Communities in a pro rata amount which represents each Contract
Community's tonnage contribution of Processable Waste to the Resource Recovery
System.
3. Except as modified herein, the Interlocal Agreement shall remain in full force and effect,
IN WrrNESS WHEREOF, the parries have hereto made and executed this Agreement on the
xespecti-vP L7Lua ender..each4ign.aturo--&.R4WARa i�TY�eupkt�It�$� 4RD 9F CO "F
COMMISSIONERS, SIGNING BY AND,�IROUG iTSPalr or Vice Chair, authorized to
execute the same by Board action of the �Ll'ttay of , 2001, and by the CONTRACT
COMMUNITIES signing by and through official(s) duly4iuthorized to execute the same.
COUNTY
BROWARD COUNTY, through its BOARD
ATTEST: OF COUNTY COMMISSIONERS
Couty Administrator and x- 160
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
,Noel M. Pfeffer
Deputy County Attorney
F%
Chair k,�
/) " day of cr.�•c� , 200t-
SIXTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE
CONTRACT COMMUNITY
ATTEST:
Marion Swen on, CMC
City Clerk
-Date:
CITY OF TAMARAC
Joe Schreiber, Mayor
Date:
�1 "
Jeffr L. Miller, City Manager
Date:
Appr ed s t fo
SU clenc J
MiWell S. Kraft, IC ityAttorney
Date: / q - o I
SEVENTH AMENDMENT
This is a Seventh Amendment to the Interlocal Agreement with Broward County for
Solid Waste Disposal Service (Alnterlocal 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 2000.
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 Technical 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, TI-IFREI~ORE, 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 FRB
Shall be amended by the addition of the following new language at the end of th,
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 Mayoi
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 Directo
at least 24 hours prior to the RRB meeting. The attending alternate shall be full}
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 COMMUNIT
or by the President of the Broward League of Cities or its successor organizatio
Also notwithstanding the foregoing provisions of this section, any member of th
RRB who has been appointed by a CONTRACT COM1v MTY 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 alcove, and who is unable to attend a scheduled
RRB meeting may, upon the provision of at least 72 hours advance written notii
of his or her unavailability to the President of the League of Cities and the RRE
Executive Director, seek the appointment by the President of the League of Citi
of a temporary alternate municipal elected official who is not then appointed ba:
on population. Any requested temporary alternate shall be an elected official fr
any respective CONTRACT COMMUNITY of the unavailable RRB member.
Regarding any of the RRB municipal members appointed by the League of Citie
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 Directc
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 ful
P
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.
3. 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 day
of Qc&mbQ..200__�L, and by the CONTRACT COMMUNITIES signing
by and through officials duly authorized to execute the same.
ATTEST:
COUNTY
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
r
Executed this) e`day of�._ _ , 200.
aunty 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 S. Andrews Avenue
Ft. Lauderdale, Florida 33301
Name:
County Attorney
0"
^~.
SEVENTH AMENDMENT TO NTERLOCAL AGREEMENT WITH FROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE
ATTEST:
By:
Print Name: _Mwign Swenson, Cmc
Title: City Clerk
Date:
City of Tamarac
By:
Pri ame: Joe
Title: Mayor
Executed this /J day of.J200
t
— N Je&_gy L. Miller
Title: Citx aver
Date:U
EIGHTH AMENDMENT
This Eighth Amendment is dated for convenience as April 15, 2004
to the l'nterlocal 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,
("COLINTY") and the Municipalities who are parties to the Interlocal Agreement ("CONTRACT
COMMUNITIES"),
WITNES-�ETH
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
WHEREAS, 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 there 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 Bro'ward 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.
fN 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-IR.OUGH ITS
Mayor or Vice Mayor, authorized to execute the same by Board action of the _ ob tday of
2004, and by the CONTRACT COMMUNITIES signing by and through
official(s) duly authorized to execute the same.
COUNTY
BROWARD COUNTY, through its BOARD
Cleric 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 Lauder al Florida 33301
By:
t
Name)
County Attorney
EIGHTH ,Au'V0VDM N'T TO CNTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE
ATTEST:
Print Name: Marion Swenson, CMC
Title: Citv Clerk
Date: a a
Approved ado form:
Mitchell S. Kraft
City A.ttorneyj
Date: ` l
CONTRACT COMMUNITY
City of Tamarac
By;�,.
Print 7,4dme.
Joe Schreiber
Title:
Mayor
Executed this ZL day of,2004.
#Vy:
e7;
Print Na e. jJef&ey L. Miner
Title: City Manaizer
Date: �,t f i 2d�
NSNTH AMENDNVIENT
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 ("CONTRAC i
COMMUNITIES").
MUINES$ETH
WHEREAS, the Interlocal Agreement between the County and the Contract Communitie
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 bein
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 th,
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,
WHEREAS, 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:
0). 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 anc
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 throng
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 i
-, 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
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 Avenge
Fort Lauderdale, Florida 33301
LIN
(Print Name)
County Attorney
day of , 2004_
NINTH AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL- SERVICE
ATTEST: f
Bythwlc
Print Name: Mango S SQA CMC
Title: ,
Chy Clerk
Date:
Approved as to form:
Mitchell
City Att
Date:
0
CONTRACT COMMUNITY
City of Tamarac
y.
Print,N�me: Joe c r
Title: w MUDL, . ___._
� Pf
Executed this // day of -f1I ,20C
4 �4
By: [, 14744""tom'
Print Nam ] effr I.. 1 r
Title: Ci M n r
EXHIBIT "B"
CITY OF TAMARAC
PERFORMANCE STANDARDS
1. Commercial Container Collection
(a) Container Sizes available: Based on General Industry Standards
(b) Schedules Available: Six times weekly (for food establishments), or minimum of
once per week (See Section 19.2 (a) & (b) of Tamarac City Code for further details).
(c) Hours of Operation: See Section 9.86 through 9.91 of Tamarac City Code.
(d) New Service: A listing will be maintained in the Yellow Pages.
(e) Blocked Containers: If access to a container or the equipment is blocked to
prohibit the collection or interfere with collection in any manner, customer will be
notified and one additional attempt for collection shall be made by the Company's
vehicle within a reasonable time period.
(f) Overfilled Containers: Container will not be emptied if a safety hazard exists.
Customer will be contacted to remove excess. The pickup will be rescheduled when
excess refuse has been removed.
(g) Container Maintenance: Containers that have been damaged will be exchanged
or repaired within 5 working days of notification. If the damage is not due to
servicing or a defect in materials and workmanship, a fee will be charged to the
customer. The amount will depend on the repairs needed. All containers will be
exchanged or maintained at no greater than 24 month intervals to maintain a good
appearance considering type of refuse generated, normal wear and weathering. If
an unsightly condition develops due to fire, paint or other causes beyond the control
of the Contractor, the container will be exchanged upon the request of the customer.
(h) Odor and Insect Control: The customer will be responsible for odor and insect
control in and around containers.
(i) Non -Payment: Customers will be notified in writing no more than 45 days past
due. If unpaid after 60 days, customerwill 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.
(j) Weight: Customer shall not overload containers in excess of the acceptable
industry standards. Contractor may charge customers for extra trips or waiting time
caused by such overloading. If customer refuses to remove such material, company
or company's agents may remove such material.
2. General
(a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday.
(b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving,
Christmas. Pickups scheduled for these days will be omitted.
(c) Weather permitting, all vehicles used by the Contractor shall be washed one time
per week.
(d) The Franchise Collector shall preserve from damage all property along the route
of the Collection Services, or which is in the vicinity of or is in any way affected by
the performance of the Collection Services. This applies, but is not limited, to the
public utilities, trees, lawn areas, building monuments or markers, fences, pipe, and
underground structures, public streets, (except natural wear and tear of streets
resulting from legitimate use thereof by the franchise collector), and wherever such
property is 'damaged due to the activities of the Franchise Collector, it shall be
restored, within a reasonable period of time to, its prior condition by the Franchise
Collector at its own expense. The franchise collector shall act in good faith.
29
EXHIBIT "C"
KEEP TAMARAC BEAUTIFUL PROGRAM
The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program.
*Educating and involving citizens, businesses, community organizations and
government in responsible voluntary actions that will influence citizen
participation in promoting a cleaner, safer, healthier, and more beautiful
community.
*Studying, investigating and developing plans for the cleanliness of the City.
*Furthering the advancement of geographical recycling through education,
promotion, solicitation of funds and implementation of facilities and programs
on the local level.
*Soliciting and accepting donations and appropriations of monies, services,
products, property, facilities and disbursement of said funds for the
accomplishment of the objectives of this program.
30