HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-007Temp. Ord. #1957
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January 10, 2002
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2002-07
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 DISPOSALL OF
SOUTH FLORIDA; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, On May 25, 1999 the United States District Court of the Eastern District
of New York issued a Final Judgment wherein Waste Management, Inc. (WMI) was
ordered to divest itself of certain solid waste and recycling routes in the event that WMI
acquired Eastern Environmental Waste, Inc., a copy of said Final Judgment being attached
hereto as Exhibit 1; and
WHEREAS, following the issuance of the Final Judgment, WMI acquired Eastern
Environmental Waste, Inc. resulting in WMI being required to divest itself of certain assets
including some collection routes held in Broward County, some of which are within the City
of Tamarac; and
WHEREAS, DisposAll of South Florida purchased the aforesaid WMI accounts -
formerly Eastern Environment Waste accounts - within the City of Tamarac; and
WHEREAS, § 19-29 of the City of Tamarac Code provides that any person desiring
to engage in the business of collecting garbage and trash in the City shall, before
commencing in or soliciting such business, enter into a franchise agreement with the City;
and
Temp. Ord. #1957
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January 10, 2002
WHEREAS, § 19-36 of the City Code establishes a limitation on the number of
commercial garbage franchises at a maximum of seven (7) and provides standards
to be considered when granting franchises; and
WHEREAS, there are presently three (3) commercial garbage franchises in the City
including All Service Refuse, Browning -Ferris Industries, and Waste Management; and
WHEREAS, in order to service the commercial accounts acquired from WMI,
DisposAll has requested to enter into a Commercial Garbage Franchise Agreement with
the City, a copy of said request being attached hereto as Exhibit 2; and
WHEREAS, a review of DisposAll's references indicates satisfactory performance
and an ability to satisfy all required prerequisites as set forth by City Code in order to be
awarded a franchise; and
WHEREAS, the Public Works Director recommends the execution of a Commercial
Garbage Franchise Agreement between the City and DisposAll of South Florida; 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 and DisposAll of South
Florida.
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
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Temp. Ord. #1957
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January 10, 2002
a Commercial Garbage Franchise Agreement between the City of Tamarac and DisposAll
of South Florida, a copy of said agreement being attached hereto as Exhibit 3.
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.
SECTION 5: This Ordinance shall become effective immediately upon its
passage and adoption.
PASSED, FIRST READING this 13th day of February 2002.
PASSED, SECOND READING this 27th day of February 2002.
a
JOE SCHREIBER
MAYOR
ATTEST: /
MARION SWENSON, CMC
CITY CLERK
HEREBY CERTIFY that I
e approved this
ORDINANCE as to form.
ITCHEI
CITY A
I�NEY
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER A)
DIST 1: COMM. PORTNER
DIST 2: COMM. MISHKIN
FIST 3: V/M SULTANOF A
DIST 4: COMM. ROBERTS
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COMMERCIAL GARBAGE FRANCHISE AGREEMENT
BETWEEN
THE CITY OF TAMARAC
_►m
DISPOSALL OF SOUTH FLORIDA
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
9
9
Equipment
9
10
Performance Bond
10
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
15
20
Contractor's Local Office
17
21
Customer Complaints
18
22
Miscellaneous Provisions
18
Exhibits
26
1
Y
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
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 desires to
provide the City with commercial solid waste disposal services on a contract basis.
NOW, THEREFORE, in consideration of the terms, conditions and covenants
herein set forth, the Parties mutually agree as follows:
SECTION 1. DEFINITIONS
Unless otherwise specified herein the following terms shall have the following
meanings:
1.1 "Collection", "Collect", and "Collected" shall all refer to and mean the collection
from the Customer's premises, Storage (as that term is herein defined) if necessary,
delivery to the appropriate disposal site, and proper disposal of solid waste, all in
compliance with all applicable federal, state, county, and local laws, statutes, ordinances,
rules, and regulations.
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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 sec ., as amended
by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials
Transportation Act, 49 U.S.C. '6901 et seq., the Federal Water Pollution Control Act, 33
U.S.C. '1251, et seq., the Clean Air Act, 42 U.S.C. '7401, et seq., the Toxic Substances
Control Act, 15 U.S.C. '2601, et seq., the Safe Drinking Water Act, 42 U.S.C. "300f-300j,
the United States Environmental Protection Agency's rules concerning Underground
Storage Tanks, 53 Fed. Reg. 37082 (9/23/88), all as amended now and in the future, and
any similar federal, state and local environmental statutes and ordinances and the rules
and regulations, orders and decrees now or hereafter promulgated thereunder, during the
term of this Contract.
1.5 "Equipment" shall mean all vehicles, machinery, tools and equipment, as well as
related supplies and materials reasonably necessary for the Contractor's performance
hereunder.
1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection
services, delivery charges, fees for late payments and any additional revenue (including
receipts from recycling) related to the Contractor's performance under this Contract.
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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 Solid Waste for a temporary, period (less than
24 hours, and not overnight, but in accordance with Florida, or local laws or regulations), at
the end of which the Solid Waste is processed, disposed of, or permanently stored
elsewhere.
1.10 "Transfer Station," shall mean that location or locations and facilities established
and designated by Broward County as loading sites in and around the City so as to provide
for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as
well as the weighing of the Solid Waste.
SECTION 2. GRANT
In consideration of the Contractor's performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the City
governing the Collection of commercial Solid Waste, the City hereby grants to the
Contractor the nonexclusive right pursuant to Article 7.19 of the City's Charter to use the
public streets, alleys and thoroughfares within the corporate limits of the City for the
purpose of engaging in the business of Collection of Solid Waste for commercial
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:
5
Prime Rate + 1 % / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note: Regardless of the foregoing, the interest rate
referred to in this section will comply with all applicable
state laws.
SECTION 4. TERM
4.1 Primary Term The term of this Contract shall be on a month -to -month basis
commencing F"ruwd, 2002for 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
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acknowledges and agrees that Contractor shall be obligated to take such actions as
necessary to fulfill its duties and obligations hereunder and that the City may from time to
time issue written directions to the Contractor clarifying the scope of Contractor's services
to fulfill the intent of this Contract. This franchise agreement does not provide for
medical waste disposal.
SECTION 6. DISPOSAL OF SOLID WASTE
The Contractor shall deliver commercial Solid Waste Collected pursuant to this
Contract to the approved Broward County Recovery disposal facilities or to any Transfer
Station which may hereafter be utilized in the future by the City and approved by Broward
County (such site hereafter called the "Disposal Site"). Contractor shall not be reimbursed
by the City for costs and expenses actually paid by Contractor to Broward County for the
use of the Disposal Site for disposal of commercial Solid Waste Collected pursuant to this
Contract. Any alternative disposal site must be approved in writing by the City prior to its
use by Contractor. All laws, rules and regulations governing hours of operation and
disposal practices at the Disposal Site shall be strictly observed by the Contractor. The
Parties hereby agree that all services provided by the Contractor pursuant to this Contract
shall be carried out in a competent and business like manner and in compliance with the
standards and specifications set forth in the attached Exhibit "B" (hereafter "Performance
Standards"). Contractor shall not engage any subcontractor without written prior approval
of the City. The City Commission of the Tamarac (hereinafter the "Commission") reserves
the right to revise the Performance Standards as it determines within its sole discretion,
such revisions to be necessary or proper to secure the safety, welfare and accommodation
of the public; provided that prior to the revising or establishing of new or additional
Performance Standards, the Commission shall invite and allow the Contractor to submit
any information it may wish for review by the Commission. The City reserves the right of
Commission to seek advice from the City Manager designate, or such other person or
persons as may be responsible for management of Solid Waste Collection within the city
7
limits of Tamarac. Any revision or establishment of new Performance Standards shall be
approved by the Commission and upon such approval shall become a part of this Contract
as though fully set forth herein. The allocation, as between the Parties, of any and all costs
which may hereafter be incurred by the Contractor in conforming with any changes in the
Performance Standards, should any such changes be made, shall, at that time, be
negotiated by the Contractor and the Customer in good faith.
SECTION 7. RECYCLING PROGRAM
7.1 General Contractor shall establish a Recycling program for its commercial
Customers which shall be in compliance with the laws established by the United States
Environmental Protection Agency, the Florida Department of Environmental Regulation
(DER) and the City of Tamarac to reduce the impact of waste by Recycling materials such
as, but not limited to, glass, tin, aluminum, cardboard, plastic, and paper.
7.1A Recycling Component for Tamarac Solid Waste Agreement This portion of the
Tamarac, Florida Solid Waste Disposal Franchise Agreement and Ordinance shall be
known as the recycling component. The Contractor shall comply with all rules, regulations,
and laws of the United States Environmental Protection Agency, Florida Department of
Environmental Regulation, Florida Statutes, County and City ordinances, including keep
Tamarac Beautiful Program (Exhibit C), regulations, including future requirements which
have been presently promulgated and are pending or as yet to be announced.
7.2 Sale of Recyclable Materials Contractor shall use its best efforts to maximize the
economic return from the sale of the recyclable materials.
7.3 Reporting Requirements The franchise collector shall keep records of recyclable
materials picked up in the City, so as to allow the City to meet the State of Florida DER
reporting requirements. These reporting requirements must be included in the
Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly
tonnage report, and a breakdown of the commodities recycled). Information must be
provided on the State's approved report form as amended hereto.
FP
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.
E
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 (Y) 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 (Y) 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:
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(i) All such containers shall be constructed according to the generally
accepted industry standards.
(ii) All roll -off containers shall be covered to prevent the scattering of
the container's contents while in transit.
(iii) All such containers shall be cleaned and maintained on a regular
basis by the Contractor so as to be in good repair.
(iv) All such containers shall be clearly marked with the Contractor's
name and telephone number in letters not less than two inches (2") in
height. Contractor shall replace any damaged container within forty-
eight (48) hours if notified by the City or its Customers.
SECTION 13. HEALTH AND SANITATION
The Contractor shall establish and enforce in its operations and among its
employees such regulations in regard to cleanliness and Collection of Solid Waste as will
tend to prevent the inception and spread of diseases and to effectively prevent the creation
of a nuisance on any property either public or private. The Contractor shall maintain at its
sole cost and expense copies of all permits and licenses required for its Collection of Solid
Waste services either from the City, County, State or Federal Government.
SECTION 14. PERFORMANCE EVALUATION AND MONITORING
14.1 Reimbursement of Costs Contractor shall reimburse the City for all documentable,
out-of-pocket costs and expenses incurred by the City in connection with the award of this
Contract to Contractor. On or before the 30th day after the end of the contract or extension
thereof, the City shall submit to the Contractor a detailed list of all such costs which are
reimbursable pursuant to this provision. Such costs shall be certified as to their
completeness and accuracy by the City Manager and shall be deemed accurate unless the
Contractor notifies the City in writing of its disagreement to any such costs within thirty (30)
days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this
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provision shall not exceed an aggregate amount of Three Thousand Five Hundred and
Dollars ($3,500) and shall be paid by the Contractor 45 days after receipt of invoice from
the City.
14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred
in auditing the gross receipts of Contractor under this Contract. Such costs shall be
submitted to Contractor in writing within thirty (30) days after the completion of each audit
no more often than annually. Such costs shall be certified as to completeness and
accuracy by the City Manager of the City shall be deemed accurate unless Contractor
notifies the City in writing of its disagreement with any such cost within thirty (30) days after
receipt thereof. Reimbursement pursuant to this provision shall be paid by the Contractor
to the City on or before forty-five (45) days after receipt of such costs from the City and
such reimbursement shall not exceed an aggregate amount of Four Thousand and no/100
Dollars ($4,000) per Contractor for any Agreement Year.
SECTION 15. NON-COMPLIANCE BY THE CONTRACTOR
In the event Contractor shall fail to perform any of the material provisions of this
Contract, the City shall provide the Contractor with written notice of its non-compliance,
stating with reasonable particularity facts relating thereto. Thereafter, if the practice, event
or condition is not reformed, corrected or otherwise made to comply with the terms of this
Contract within a period of time which is reasonable in relation to the nature of the practice,
event or condition of Non-compliance, but in no event more than ten (10) days from the
date of the notice of violation, the same shall constitute an Act of Non-compliance. For
each such Act of Non-compliance, the Contractor shall pay the City the sum of One
Hundred Dollars ($100) per day for each day that such Act of Non-compliance shall
continue. This remedy is hereby expressly made cumulative of other remedies available to
the City at law or in equity for breach of this Contract.
SECTION 16. TERMINATION BY CITY
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16.1 Termination by City for Cause
16.1.1 Default Default by the Contractor shall occur if the Contractor fails to
observe or perform a material portion of its duties under this Contract ("Default").
The City may terminate the Contractor's performance of services under this
Contract in the event of Default by the Contractor and a failure by the Contractor to
cure such Default after receiving notice thereof, all as provided in this subsection.
Should Default occur, the City may deliver a written notice to the Contractor
describing such Default and the proposed date of termination. Such date may not
be earlier than the thirtieth (30th) day following receipt of the notice. The City, at its
sole option, may extend the proposed date of termination to a later date. If prior to
the proposed date of termination, the Contractor cures such Default, then the
proposed termination shall be ineffective. If the Contractor fails to cure such Default
prior to the proposed date of termination, then the City may terminate the
Contractor's performance under this Contract as of such date.
16.1.2 Post Termination Services Upon the effective date of termination as
contained in the notice, the Contractor shall, unless the notice directs otherwise,
immediately discontinue all service in connection with this Contract and shall
proceed to cancel promptly all existing orders chargeable to this Contract. Within
ten (10) days of receipt of notice of termination, the Contractor shall submit to the
City monthly reports and revenues required under this Contract to the date of
termination.
16.1.3Remedies In addition to, or in lieu of, the termination procedure set
above, the City may take any or all of the following actions in the event of a
default by the Contractor:
(i) If the City determines, and notifies the Contractor, that such Default poses
an immediate threat to the health or safety of any person or to any property
interest, and if the Contractor has not cured such Default within twenty-four (24)
hours after receipt of such notice, the City shall have the right to perform or
13
cause to be performed all or part of the work necessary to cure such Default. In
the event that the City performs such work, or causes it to be performed, the
Contractor shall bear the cost of such work, and if necessary, shall reimburse the
City for the cost thereof. The City shall have the right to deduct any such
compensation due to the City from any sums otherwise due and owing to the
Contractor.
(ii) The City may make or file a claim under the Performance Bond, Letter of
Credit, or Cash Bond for any damages, costs, expenses or liabilities that the City
has incurred as a result of Contractor's default.
(iii) City may exercise its rights under Section 15 hereof.
SECTION 17. BOOKS AND RECORDS
The Contractor hereby agrees to maintain, at its local office or principal place of
business within Broward County, adequate books and records relating to the performance
of its obligations under this Contract and in a form sufficient to identify its gross receipts.
The City or its auditor may request to review those books and records which are
reasonably necessary to determine gross receipts and the Contractor shall provide same.
Audits, upon reasonable notice, by the City shall not be performed more frequently than
once a year during normal working hours. The City may, upon reasonable notice, cause
an audit to be performed by City Personnel or by an independent party designated by the
City of that portion of the Contractor's books and records relating to its payments for gross
receipts. The cost of an annual audit pursuant to this provision shall be a reimbursable
cost under Section 14 hereof. No original notes or work papers can be removed from the
inspection location.
SECTION 18. INDEMNIFICATION
18.1 Contractor's Indemnification of City The Contractor hereby assumes risk of loss
and/or injury to property and/or persons arising directly or indirectly from the performance
14
of any of its obligations under this Contract and further agrees to indemnify and hold
harmless the City, its officers, agents, servants and employees from and against any and
all claims, liabilities, demands, suits, judgments, costs or expenses, including, but not
limited to, expenses of litigation and attorneys' fees, arising from any such claim, loss or
injury. Without limiting the foregoing, the indemnity provided herein shall specifically
include any claim against the City arising out of any of the Environmental Laws (as herein
defined).
SECTION 19. INSURANCE
19.1 Contractor agrees to, in the performance of work and services under this
Agreement, comply with all federal, state, and local laws and regulations now in effect, or
hereinafter enacted during the term of this agreement that are applicable to Contractor, its
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:
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Limits
Line of Business/ Coverage Occurrence
Commercial General Liability $1,000,000
Including:
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground
ird
-mpleted Operations
Broau t; : ; Damage
Cross Liability and Severability of Interest Clause
Automobile Liability $1,000,000
Workers' Compensation & Employer's Statutory
Liability
Aggregate
$1,000,000
$1,000,000
The City reserves the right to require higher limits depending upon the scope of work under
this Agreement.
Neither Contractor nor any subcontractor shall commence work under this contract until
they have obtained all insurance required under this section and have supplied the City
with evidence of such coverage in the form of an insurance certificate and endorsement.
The Contractor will ensure that all subcontractors will comply with the above guidelines and
will maintain the necessary coverages throughout the term of this Agreement.
All insurance carriers shall be rated at least A-VII per Best's Key Rating Guide and be
licensed to do business in Florida. "Occurrence" form policies are required.
En.
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
`VA
complaints in an expeditious manner within the next business day.
SECTION 21. CUSTOMER COMPLAINTS
Contractor shall within ninety (90) days of the Commencement Date of this Contract
establish a written procedure for handling all service complaints from Customers. A copy
of such procedure shall be kept at the local office of Contractor and provided to the City
within such ninety (90) day period. At a minimum the Customer complaint procedure shall
provide that all Customer complaints shall be resolved within the next business day of
receipt of such complaint. Further the Contractor shall supply the City upon request with
copies of all complaints indicating the date and hour of the complaint, the nature of the
complaint and the manner and timing of its resolution. The Contractor shall maintain a
customer complaint log during the term of this contract. If a complaint is not resolved to
the satisfaction of the customer the City shall have the right to intervene on behalf of that
customer.
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
iiRl
expressly reserves the right to make all regulations which may be necessary or proper to
secure the safety, welfare and accommodation of the public, including, but not limited to,
the right to adopt and enforce regulations to protect and promote the health and general
welfare of the public from danger and inconvenience in the management and operation of
garbage, and Solid Waste services detailed herein. Further, nothing herein contained shall
constitute a waiver of any of the requirements of the rules and regulations heretofore
adopted by the City, including the right to make such changes and amendments to said
rules and regulations as said City may deem to be advisable and necessary to protect the
public health and general welfare of its inhabitants.
22.3 Venue This Contract shall be considered consummated in Broward County, Florida.
All actions brought hereunder shall be brought exclusively in Broward County, Florida.
22.4 Exhibits The Exhibits "A", "B", and "C", are incorporated herewith by reference for
all purposes as though fully set forth.
22.5 Paragraph Headings The section and paragraph headings contained herein are
for the convenience in reference and are not intended to define or limit the scope of any
provision of this Contract.
22.6 Entire Agreement This Contract constitutes the entire agreement and
understanding between the Parties relating to the subject matter, and it shall not be
modified, altered, changed or amended in any respect unless done so in writing and
approved by Resolution of the City Commission of the City.
22.7 Bankruptcy This Contract shall terminate in the case of bankruptcy (whether
voluntary or involuntary) or insolvency of the Contractor. In the case of bankruptcy, such
termination shall take effect on the day and at the time that the bankruptcy action is filed.
22.8 Discrimination Prohibited; Affirmative Action Contractor, in the execution,
performance, or attempted performance of this Contract, shall not discriminate against any
person or persons because of sex, race, religion, color, or national origin, handicap or
marital status. The said Franchise Collector's employees or applicants for employment (as
provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977)
19
understand and agree that this Contract is conditioned upon the veracity of this Statement
of Assurance. Furthermore, the Franchise Collector herein assures the City that said
Franchise Collector will comply with Title VI of the Civil Rights Act of 1964 when federal
grant(s) is/are involved. Other applicable Federal and State laws, Executive Orders, and
regulations prohibiting discrimination as herein above referenced are included by this
reference thereto. This Statement of Assurance shall be interpreted to include Vietnam -
Era Veterans and Disabled Veterans within its protective range of applicability. The
Contractor must be an Equal Opportunity Employer and have an affirmative action plan.
22.9 Time is of the Essence Time shall be deemed to be of the essence of this
Contract whenever time limits are imposed herein for the performance of any obligations by
any of the Parties hereto, or whenever the accrual of any rights to either of the Parties
hereto depends on the passage of time.
22.10 Right to Require Performance The failure of the City at any time to require
performance by the Contractor of any provisions hereof shall in no way affect the rights of
the City thereafter to enforce the same, nor shall waiver by the City of any breach of any
provisions hereof be taken or held to be a waiver of any succeeding breach of such
provisions or as a waiver of any provisions itself.
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:
Wo
Contractor:
City: City Manager
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (954) 724-1230
With a copy to: City Attorney
City of Tamarac
7525 Northwest 88th Avenue
Tamarac, Florida 33321-2401
Telephone: (954) 724-1240
22.13 Force Majeure Neither the Contractor nor the City shall be liable for the failure to
perform its duties if such failure is caused by a riot, war, governmental order or regulation,
strike, act of God, or other similar or different contingency beyond the reasonable control of
the Contractor.
22.14 Prior Contracts This Contract supersedes and replaces all verbal communications,
agreements and any previous written contracts, and effective immediately, which contract,
upon the effective date of this Contract shall be null and void and of no further force and
effect.
22.15 Approval by the City Commission This Contract shall not be considered fully
executed or binding or effective on the City until the same shall have been approved and
accepted by the City Commission of the City of Tamarac in open meeting as required by
law and executed by the Contractor and the City. After such approval and acceptance, the
City shall deliver to the Contractor a certified copy of the Resolution as evidence of the
authority of the person authorized to bind the City to the terms, covenants and provisions
21
of this Contract and to perform the same in accordance herewith.
22.16 Compliance with Laws Contractor, its officers, agents, employees, and
contractors, shall abide by and comply with all laws, federal, state and local. It is agreed
and understood that, if City calls the attention of Contractor to any such violations on the
part of the Contractor, its officers, agents, employees, contractors, then Contractor shall
immediately desist from and correct such violation.
22.17 Right to periodic reviews. The City shall have the right to conduct periodic public
meetings, to review and consider the performance of the contractor regarding its
compliance with the material terms of the franchise, any amendments desired by the
contractor, the need for any future new services, and potential amendments to the
franchise reflecting service requirement changes based on advancements in technology or
demonstrated community needs.
22.18 Changes in law. Should the State of Florida, City, County, United States or
Federal agency, or any State or Federal Court, or any agency thereof require either
Broward County, City of Tamarac, or the Contractor to act in a manner which, affects or, is
inconsistent with any provisions of the Franchise Documents, the City Commission shall be
authorized to determine whether a material provision of the Franchise Documents is
affected in relation to the rights and benefits conferred by the Franchise Documents upon
the City or the public. Upon such determination, the City and Contractor shall negotiate in
good faith to modify or amend the franchise to such extent as may be necessary to carry
out the full intent and purposes thereof in relation to the rights and benefits of the City, or
the public.
22.19 Accounting standards. Not less than annually, the Contractor shall provide the
City with an unqualified certification of an independent certified public accountant certifying
the accuracy of the monthly franchise fee payments paid within the preceding twelve (12)
months.
22
City of Tamarac Agreement for Commercial Waste Haulers
This Contract shall be effective this the 2-7 day of i=c �� ja �z , 200 2 which shall be
the Commencement Date hereof.
THE CITY OF TAMARAC, FLORIDA
ATTEST:
Marion Swenson, C
City Clerk
ppro s to for
-2t6
V
i
By:
Zayor
chreiber
Date: i02/02 % /C a
By:
Jeffr L. Miller
City Manager
Date: d a710 3
23
STATE OF FLORIDA
:SS
COUNTY OF BROWARD :
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
appearedV" known t 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 ,2—� day of��' , 200,;�.
NOTARY PUBLIC, State of
Florida at Large
MARION SWENSON
MY COMMISSION # CC 961296
EXPIRES: December 15, 2004
,Rf;?'• bonded Thru Notary Public Underwriters (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
City of Tamarac Agreement for Commercial Waste Haulers
ATTEST:
(V-0—bw
Corporate Secretary
(Corporate Seal)
STATE OF FLORIDA
:SS
COUNTY OF-i3R9iMRB- :
Se- n,. hb/'
By:
Mocoajw'
Director
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the
State aforesaid and in the County aforesaid to take acknowledgements, personally
appeared !°awi'w C dc.h.--.j e- to me known to be the person(s) described in and who
executed the foregoing instrument and 'acknowledged before me and under oath that
s k < executed the same.
WITNESS my hand and official seal this 6 f4, day of /" c v e h, � Of- , 200
NOTARY PUBLIC, State of
Florida at Large
(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.
25
ANTONIA M. SMIALEK
Notary Public - State of Florida
My Commission Expires Apr 10, 2004
Commission # CC926791
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
M
EXHIBIT "A"
INTERLOCAL AGREEMENT BETWEEN TAMARAC AND BROWARD COUNTY
SEE ATTACHMENT
27
w
A N
I N T E R L O C A L A G R E E M E N T
W I T H
8 R O W A R D C O U N T?
F O R
S O L I D W A S T E D I S P O S A L S E R V I C E
0
I N D E X
PACE
ARTICLE
I BACKGROUND ..............
7
g DEFINITIONS ................................
3 CONSTRUCTION OF FACILITIES / COMMITMENT
15
OF WAS°rE STREAM .......................... .
4 OBLIGATIONS RELATING TO OPERATIONS ..........
!7
5 RESOURCE RECOVERY BOARD / SPECIAL DISTRICT ..
25
5 TIPPING FEES AND SERVICE CHARGES ............
31
7 COLLECTION OF TIPPING FEES .................
37
39
5 ANNUAL AUDIT .................................
9 ADDITIONS AND IMPROVEMENTS TO THE RESOURCE
40
RECOVERY SYSTEM ...........................
f0 OBLIGATIONS UNDER THIS AGREEMENT ARE NOT
CONTRACT COMMUNITY .
48
INDEBTEDNESS OF ANY
It RELATIONSHIP OF THE PARTIES ................
43
44
12 MISCELLANEOUS .......................... .....
13 INDEMNIFICATION ........................
53
!4 CONTRACTS WITH HAULERS ....................
53
15 CESSATION ...................................
......
54
!d DURATION ..............................
EXHIBIT A Names Of the Contract Communities......
57
EXHIBIT B Namae to Wham Notices Are to be Directed
58
EXHIBIT C Ordinance Establishing solid Waste Flow...
55
Control ........................
EXHIBIT D Ordinance Craating the Broward Solid
District ...............
so
Waste Disposal
EXHIBIT E OrdCrestingthering the Erowsrd SolldaWeste
6!
Disposal District ....................
It
0-1
i
EXHIBIT F Summary of County's Costs of Meeting Its
Disposal Obligation 6Z
Im
A C R E E u E N T
This Agreement dated for convenience November 25. 1986. by
and between: BROWARD COUNTY, a political subdivision of the
stars and assigns, by
state of Florida. its succeand through its `
Board of County Commissioners, hereinsfter referred to es
"COUNTY"i
AND
The Municipalities whose names aPPear in Exhibit "A".
attached hereto and made s part thereof. their successors and
assigns, hereinafter referred to as "CONTRACT coUMNITIE5."
ARTICLE 1
BACI;CROUND
1.1 Ceneral Statement.
In order to establish the background. context and frame of
raference for this Agreement and to provide &-general
background regarding the oblective■ and Intentions of the
COUNTY and the CONTRACT COuWPIITIES. the following
statements. representations and expl&nations are predicates
for the undertakings end cams/tments included within the
provisions which follow and shall be construed as essential
E
elements of the mutual considerations upon which this
Agreement is based.
I.Z Historical Background And Findings
Because of Broward County's contour. elevation jnd high
ground water level. disposal of solid waste through
landfills has been discouraged. The United State■ Congress
and Legislature of the State of Florida (the "State") have
discouraged the dumping or burying of solid waste matter and
the use of santtary landfills a■ the sole method of disposal
of solid waste. The COUNTY and the CONTRACT COMMUNITIES.
therefore. make the following findings:
(a) Because of environmental concerns with utilisation of
landfilling as the sale -"method of disposal of solid
waste generated by the residents and businesses of and
visitors to Broward County. Florida. the CONTRACT
COMWINITIES and COUNTY have sought a Joint solution to
such concerns.
(b) The CONTRACT COMLIUNITIES and COUNTY have found and
determined that the policy of the United States
Congress regarding the elimination of solid waste as
provided in 6E V.S.C. Section 6901 is toward recovery
of resources from such waste.
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(c) The United States Congress has found with respect to
energY that:
1. Solid waste represents a potential source of solid
fuel. oil. or gas that can be converted into
enerOYt
8. The need exists to develop alternative energy
sources for public and private consumption in order
to reduce the nation's dependence on such sources
as.petroleum products, natural gas. nuclear and
hydro —electric generation, and
3, T"hMA Ogy exists t-o preduce. energy from solid
wa a1_e .
(d) Chapter 403. Part 1V, Florida Statutes. sets forth the
State of Florida Resource Recovery and Management Act.
The Act's purposs is to require plans and regulations
for the storage. collection, transportation.
separation# processing. recycling and disposal of solid
waste to protect the public's health. safety and
welfare. Likewise. such Act has deemed it a Public
purpose to establish and maintain a state program for
the planning and technical assistance of resource
recovery and management through. aaong other things.
the promotion of recycling. reuse or treatment of solid
121M
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01
waste, including recycling of solid waste to produce
electric power.
to) Additionall,y. Section 403.7-13. Florida Statutes.
provides that the municipalities undertaking resource
recovery of solid waste pursuant to general law or
special low may control the Cot lectio n and disposal of
solid waste for the purpose of Insuring that resource
rscovery facilities receive an adequate quantity of
waste from solid waste generated within the boundaries
of the local governments[ jurisdiction.
(C) The amendments to the State Comprehensive Plan adopted
by the State in 1985 (Chapter 147. F.S.) establishes a
number of policies regarding energy production and the
reduction of solid waste-.landfilIIng inOludings
1. Energy policy No. 3 - Reduce the need for now power
plants by encouraging end -use efftcisncy, reducing
peak demand and using cost-effective alternatives.
E. Energy Policy No. 9 - Promote the use and
develOpmant of renewable energy resources.
3. waste Policy No. 1 - 9Y 1999+ reduce the velum• of
non -hazardous solid weste disposal In landfills to
03 percent of the 1995 volume.
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4. Waste Policy No. 7 - Encourage the research.
development and implementation of recycling
resource recovery, energy recovery and other
methods of using garbage, trash. sewage, slime.
sludge, hasardour waste, end other waste.
1.3 The COUNTY and representatives of CONTRACT COMMUNITIES have
jointly developed.& comprehensive solid waste disposal and
resource recovery program Including cooperation In
preparation of Request For Proposal documents and subsequent
selection of the full service contractors for the northern
and southern facilities through the selection and
negotiation process.
1.4 It is recognised by CONTRACT COMMUNITIES and COUNTY that the
proposed resource recovery system to be constructed.
operated. maintained and repaired by the COUNTY or full
service contractors retained by the COUNTY Will be done In
reliance upon the existence of the committed flow of solid
waste of the CONTRACT_COMWUNITIES and unincorporated County
and the revenue generating capabilities of the special
district provided for herein-
1.5 it is further recognised by CONTRACT COWUNITIES and COUNTY
that the COUNTY Is entering into this Agreement both
representing unincorporated County, a waste generation area
_9-
with solid waste requiring disposal, and COUNTY, as the
party assuming the obligation under this Agreement for the
' disposal of solid waste for the CONTRACT COhMNITIES as well
as for the unincorporated County.
1.6 Interlocal Agreement
fa) This Agreement is an Interlocal agreement entered into
pursuant to Section 163.01, Florida Statutes, the
Florida Interlocal Cooperation Act of 1989, as amended.
(b) Prior to the effectiveness of any provision of this
Agreement and subsequent amendments hereto, this
isAgreement and any such subsequent amendments shall be
filed with the Broward County Clerk of the Circuit
Court as provided by Section 103.01Lf11), Florida
Statutes.
1.7 Construction of Interlocal Agreement
The word "shall" as used in this Agreement shall in all
cases be construed to be mandatory and to require the action
so modified by the word "shall" to be to ken without regard
to the exercise of discretion.
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ARTICLE Z
DEFINITIONS
The following contains the definitions of the terms as
applied to this Agreement. F
t.! Administrator. The term "Administrator" or "County
Administrator" shall mean the County Administrator of the
Braward County government as provided by the Charter of
Broward County. Florida.
2.2 Board of County Commissioners. The term "Board of County
Commissioners" or "County Commissioners" shall moan the .
Board of County Commissioners of Broward County, Florida.
2.3 Citizen Masts Receiving Facilities. The term "citliten waste
receiving facilities" shall mean facilities for accepting
solid waste from other then haulers. The term is to apply
to facilities provided for Collection of household trash
from house cleaning and the like. Citisen waste receiving
facilities shall not be deemed to be a part of the resource
recovery system.
9.4 Construction Contract. The term "construction contract"
shall mean the contracts entered into by the COVNTT and SES
Broward Company. Limited Partnership pursuant to Resolution
No. 66-3007 dated August 19, 1966. and Broward Mast* Energy
7-
Company, Limited Partnership pursuant to Resolution No_ 86-
3750 dated September 30, 1986, and any successors thereto to
design, construct, test, maintain, repair and have accepted
the southern facility and northern facility' respect►vely,
or any other full service contractor. to design, construct.
test. maintain, repair and have accepted a part of the
resource recovery system.
Z. 9 CONTRACT COMMUNITY. The term "CONTRACT CoNIMUN ITT" Of
"CONTRACT COM(UNITIES" shall mean the municipal corporation
or corporations existing under the laws of the State of
Florida. located within the COUNTY that enter Into this
Agreement with the COUNTY and whose names appear in
Exhibit A to this Agreement.
2.6 COUNTY. The term "COUNTY" shell mean Breward County.
Florida. a political subdivision of the State of Florida.
9.7 Disposal Facilityties). The term "disposal facilitytles)"
means that portion of the resource recovery system where
solid waste will be disposed of within the resource recovery
system.
y.11 Disposal Obligation. The term "disposal obligation- shall
mean the obll9atlo1k of the COUNTY to provide for the
disposal of all solid waste generated In each CONTRACT
C(>wN1TY and in the unincorporated County and do Ivoted to
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a resource recovery system disposal facility or transfer
a tat ion designated pursuant to the plan of operations.
Z.9 Facility Operator. The term "facility operator" &hall mean
full service contractors or other operators of a part of the
resource recovery system Including the COUNTY.
2.10 Fiscal Year. The term "fiscal year" shell mean October 1 to
September 30.
Z.11 Full Service Cant ractor(s). The term "full service
contractor (a)" shall mean a person. firm or corporation that
has entered or will enter into an 89rsement or agreements$
with the COUNTY to design. construct. test. maintain. repair
and operate resource recovery system disposal facilities or
transfer stations within the resource recovery system and
shall mean as to the southern facility SES Broward Company.
Limited partnership and as to the northern facility Broward
Waste Energy Company. Limited partnership and any respective
successors thereto.
2.12 Haulers. The term "haulers" shall mean those persons. firms
Of Corporations or governments, agencies responsible (under
either oral or written contract, or otherwise) for the
collection of solid vests within the geographic boundaries
of the CONTRACT COiwUNITYt1ES) or the unlncorporated County
and the transportation and delivery of such solid waste to
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the resource recovery system as directed in the plan of
operations.
2.13 Northern Facility. The term "northern facility" shall mean
that part of the resource recovery system. including any
landfill. serving the CONTRACT COMMUNITIES and t-he
unincorporated County located In the northern part of the
COUNTY, as directed in the plan of operations.
2.14 Plan of Operations. The term "plan of operations" shall
mean the plan for the operation of the resource recovery
system adopted, amended or revised by the Resource Recovery
Board in the scanner set forth in Section 4.7 hereof.
2.15 Processable Waste. The term "processable waste" shall mean
that portion of the solid waste stream which is capable of
being processed in a mass burn resource recovery facility.
including. but not be limited to. all forms of household and
other garbage. trash, rubbish. refuse, combustible
agricultural. commercial and light industrial waste.
commercial wasteo leaves and brush. paper and cardboard,
plastics. wood and lumber. rags. carpeting. occasional
tires, wood furniture, mattresses, stumps. wood pallets;
timber, tree limbs. ties. and logs. not separated and
recycled at the source of generation. but excluding
unacceptable waste and unprocessable warts. except. to the
extent consistent with the regulatory arid permit
-to-
requirements rppIieable to the processing of waste by a mass
burn resource recovery facility. such minor amounts of such
waste (other then hazardous waste) as may be contained in
the normal processable waste stream.
rd. The term "Resource Recovery Board"
2.16 Resource Recovery Boa `
shall mean the governing Board of the special district to be
established by the Board of County Commissioners pursuant to
Section SZS.01ts)(•)• Florida Statutes. and this Agreement
which performs such responsibilities as set forth In this
Agreement.
2.17 Resource Recovery System. The term "resource recovery
system" shall mean the facilities which are Constructedo
operated. maint'alned and tape Ited or Caused to be
ined and to pursuant to
constructed. operated. mainta
this Agreement for the purpose of transfer or disposal of
sold waste of the CONTRACT COMMUNITIES and -the
unincorporated County and the recovery and sale of materials
and energy. therefrom. including all landfills. contingency
landfills, transfer stations, treatment facilities and
aleatrieai generation facilities all attendant to the
resource recovery system. Excluded from this definition is
the COUNTY landfill located in the Town of Davie which Is in
existence as of the date of the execution of this Agreement.
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11
2.18 Service Agreement(s). The term "service agreement" shall
mean the agreements entered into between the COUNTY and SES
Broward Company. Limited Partnership pursuant to Resolution
No. 86-3007 dated August 19. 1986. and Broward Waste Energy
Company, Limited Partnership pursuant to Resolution No. 86-
3750 dated September 30. 1980. respectively for the Purpose
of operating, maintaining and repairing the southern
facility and northern facility, respectively, or any other
full service contractor for the purpose of operatin q.
maintaining, and repairing a part of the resource recovery
system.
2.19 Solid Waste. The term "solid waste" shall mean processable
waste and unprocessable Waste, but excludes unacceptable
waste.
.v
2.20 Southern Facility. The term "southern facility" shall mean
that part of the resource recovery system. Including any
landfill. serving the CONTRACT COMMUNITIES and the
unincorporated County located in the southern part of the
COUNTY. as directed in the plan of operations.
8.81 Tipping Fee. The term "tipping tee" shall mean the fees
imposed pursuant to Article a and collected pursuant to
Article 7 of this Agreement from hauler$ delivering Solid
waste to the resource recovery system.
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2.22 Ton. The term "ton" is used to express a unit of weight
equal to two thousand 12.000) pounds or .907 metric tons.
2.23 Transfer Stations. The term "transfer stations" means the
sites and receiving facilities constructed. operated,
maintained and repaired by the COUNTY or a full service
contractor retained by the COUNTY for the acceptance of
solid waste for transfer to resource recovery system
disposal facilities because a part of the resource recovery
system is not operational. Other transfer fecilltles
including citizen waste receiving facilities and those used
by haulers for' reasons other than previously described shall
not be considered a part of the resource recovery system.
2,g4 Unacceptable Waste. The term ••"unacceptable waste" shall
mean motor vehicles. trailers. •
comparable bulky items of
machinery or equipment, highly inflammable substances.
hazardous waste. sludgs. pathological and biological
wastes. liquid wastes. sewage, manuree explosives and
e
ordinance materials. and radioactive materials.
Unacceptable waste shall also include any other material not
permitted by law or regulation to be disposed Af at a
landitll unless such landfill Is specifically designed.
constructed and licensed or permitted to receive such
material. None of such msterial shall constitute either
processsble waste or unprocessable waste. Haulers shall not
knowingly deliver such unacceptable waste to and the COUNTY
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or full service contractors shal l have the right to exclude
such unacceptable waste from the resource recovery system.
2.Z5 Unincorporated County. The term "unincorporated County
shall mean that part of COUNTY which is not within the
boundaries of any municipal corporation. Unincorporated
County shall be treated in all respects under the terms and
conditions of this Agreement as a CONTRACT COMWUNiTY .
2.25 Unprocessable Waste. The term "unprocessable waste" shell
mean that portion of the solid waste stream that is
predominantly noncombustible and therefore. should not be
processed In a mass burn resource recovery System.
Unprocessable waste shall Include, but not be limited to.
metal furniture and appliances. concrete rubble, mixed
roofing materials. noncombustible building debris. rock.
gravel and other earthen materials. equipment, wire and
cable. and any item of solid waste exceeding Six feet in any
one of its dimensions or being in whole or In Part of a
solid mass. the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be
contained within such solid Ukase portion, and processable
waste fto the extent that it is contained in the normal
unprocessable weals stream). This term excludes
unacceptable waste. Haulers shalt not knowingly deliver
unacceptable waste to and the COUNTY or full service
contractors shall have the ri.iht to exclude unacceptable
waste from the resource recovery facilities.
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ARTICLE 3
CONSTRUCTION OF FACILITIES/
COMMITMENT OF WASTE STREAM
3.1 The COUNTY shall cause to be constructed. operated#
maintained and repaired a tesource recovery system located
within broward County for the purpose of disposal of all
:nincorporsted
olid waste collected in each CONTRACT COWbfUNITY and
County and delivered to the resource recovery
system.
11
3.2 During the duration of this Agreement as defined in Article
16 hereo(. the CONTRACT COMMUNITIES and the COUNTY for the
unincorporated area shall cause all of the solid waste
generated within each of their respective boundaries to be
collected. transported. delivered and deposited at the
designated receiving facilities of the COUNTY resource
recovery systs m pursuant to the plan of operations sa set
forth in Section 4.7.
3.3 Each CONTRACT COMMUNITY and COUNTY for the unincorporated
arse agrees to enact prior to March 31. 19•7. a waste flow
control ordinancs as set forth in Section 403.713, Florida
Statutes Cos may be amended from time to time). directing
that all solid waste generated within their respective
geographic boundaries be delivered to the resource recovery
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10
1-0
syatam transfer or disposal JscilIty or facillties
designated in the plan of operations. The solid waste flow
control ordinance shall be substantially in the form of
Exhibit C attached hereto and made a part hereof. Ea ch
party agrees to include in any contracts or contract
amendments with haulers executed after the date of execution
hereof, a provision that all solid west$ shall be delivered
to the retoUrC$ recovery system transfer or disposal
facility or facilities designated in the plan of operations
and to enforce such provision. The COUNTY shall be a third
party beneficiary of such provision-
3.4 A tesourc0 recovery system disposal faci 1 i ty may burn
processable waste to produce electrical energy to b e sold to
purchaser■ of electrical energy. Such facility may also
provide for the separation and sale of ferrous and
nonferrous metals end other materials which may be separated
either prior to or subsequent to the bursting of the
processable waste necessary to produce electrical energy•
Upon del Ivory to the resource recovery system, nei ther the
unincorporated County nor any CONTRACTIPIG COMMUNITY shall
have any Interest In electrical energy. ferrous and '
nonferrous motels and other materials contained In solid
waste delivered.
3.5 The COUNTY hereby assumes responsibility for the disposal of
all solid waste delivered to the resource recovery system by
-Is-
_ each or on behalf of each CONTRACT COMMUNITY and
unincorpotated County during the duration of this Agreement
consistent with its rights and obligations under the service
agreements.
3.$ Transfer stations and contingency landfills may be required
because one or more of the resource recovery fseilities are
not operational. In that instance. the Costs of
construction, operation. maintenance and repair of the
transfer stations and contingency landfills shall be Part of
the overall cost of the resource recovery system.
•
ARTICLE 4
OBLIGATIONS RELATING TO OPERATIONS
4.1 Delivery and ACcePtance of Waste. Each CONTRACT COMMUNITY
and COUNTY for the unincorporated aria agrees that all of
the solid waste colleoted within Its respective territorial
boundaries shall be delivered to a resource recovery system
disposal facility, landfill. contingency landfill or
transfer station designated pursuant to the plan of
operations. It is the understanding of raoh of the parties
to this Agreement that the transportation of solid westr
should be minimised to the greatest r:tent possible
consistent with obligations of the COUNTY to make deliveries
under the service egreements. In determining to which
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resource recovery system facility solid waste shall be
delivered. the Resource Recovery Board shall make every
reasonable effort consistent with the maintenance of the
COUNTY's rights and obligations under the service agreements
to minimize the cost of transportation for CONTRACT
COAPAUNITIES and unincorporated County or their haulers and
in this regard reasonable standards shall be adopted for the
location of the delivery of the solid waste for each
CONTRACT COMMUNITY and unincorporated County pursuant to
Section 4.7.
4.2 The COUNTY shall be responsible for the construction,
operation. maintenance and repair of transfer stations or
contingency landfills pursuant to paragraph 3.5 or other
receiving facilities uttIIsed for the purpose of receiving
solid waste which are a part of the resource rscovery
system.
4.3 In order to provide for the testing and startup of any
resource recovery system transfer or disposal foci 1 i ty. upon
not leas than thirty (30) days notice by the COUNTY. each of
the CONTRACT COUKUNITIES and unincorporated County shall
deliver or cause to be delivered processable waste to such
faci I l ty in amounts and at the times and In the manner
designated In said notice. The notice from the COUNTY shall
also state the estimated amount of processable waste to be
delivered by each CONTRACT COMWUNITT and unincorporated
County and the estimated length of time for which such
deliveries are required. in order to facilitate CONTRACT
COMMUNITY planning- the COUNTY wil'i share information with
the CONTRACT COMMUNITIES as to the progress Of construction
of all resource recovery transfer and disposal facilities. F
4.4 Commencement of Operations. The COUNTY's current estimate
of the approximate commercial operations date of the initial
resource recovery facilities and landfills associated
therewith is December 30, 1440. The COUNTY shall notify the
CONTRACT COMMUNITIES of any change in the estimate of the
date upon which commercial operations are to commence. The
COUNTY shall give the CONTRACT COMMUNITIES and
unincorporated County at least thirty (30) days prior notice
of the data expeeted to be the actual cemmarclol operations
data of all resource recovery. system transfer and disposal
facilities.
4,S Receiving Hours. Subject to service agreements. the COUNTY
ura• recovery system to be open to
shall Cause the reso
A.00 P-m• every
receive processabla waste from 6
r00 a.m. to
day of the year except December ES and landfills to be open
to receive unproeesssble wafts at least 40 hours. five (5)
days par week or as provided in the service agreements and
plan of operations.
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4.6 Emergency Operations/Additional Hours of Operstion.
(a) Emergency Operations. in the event that, due to a
natural disaster or other emergency condition, a
CONTRACT COMMUNITY or unincorporated County requests
the COUNTY to accept the delivery of solid;&ate other
than during normal receiving hours, the COUNTY will
accept such deliveries to the extent consistent with
the terms of the service agreements and may charge an
additional tee for such emergency service as determined
by the Resource Recovery Board.
fb) Additional Hours of Operation. The COUNTY may upon
request of a CONTRACT COMMUNITY or unincorporated
County agree. to the ex.kent permitted by law a n d
consistent with the service agreements. to receive
solid waste at hours other than the normal receiving
hours. The requesting CONTRACT COMMUNITY or
unincorporated County she l give rism aonable not i ce and
shall make Its request In writing to COUNTY at least
two (2) days prior to the beginning of such delivery.
if the COUNTY ,provides the requested service. then
additional fees for operating outside the NorrAetl
receiving hours will be payable by the CONTRAC.'P
COMbSUNITT or unincorporated County In an amount
determined by the Resource Recovery Board.
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11
t ..
4.7 plan of Operations. The COUNTY and the CONTRACT COMMUNITIES
agree that at least six (6) months prior to the date that
the first resource recovery facillty. landfill or
contingency landfill or transfer atation. developed to most
the COUNTY'S obligations under this Agreement becomes fully F
operational. a plan of operations will be promulgated by the
Resource Recovery Board consistent with the terms of the
service agreement applicable to such facility and
disseminated to each of the parties to this Agreement. The
plan of operations shall be amended or revised by the
Resource Recovery Board at least six fat months prior to the
date additional resource recovery system transfer or
disposal facilities become fully operational and otherwise
from time to time as deemed appropriate. The plan of
operations shall. among other' ."things. deal with such matters
relating to the operation, management and administration of
the resource recovery facilities. landfills. contingency
landfills and transfer stations$ hours of operations$
schedules of all participants$ schedule and routing of
deliveries$ provisions for issuance of authorisation to and
regulation of delivery vehicles' measurements of quantity.
quality and other waste characteristles$ billing$ rules `and
regulations relating to the use of the resource recovery
system$ Inspection of resource recovery ■yatom facilities$
and such other Items as may be doomed appropriate from time
to time by the Resource Recovery Board.
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4.8 Access to Resource Recovery Facilities. The COUNTY agrees
to permit. in accordance with the terms of the servic e
agreements and plan of operations, authorised
representatives of each CONTRACT COMMUNITY and
unincorporated County to enter all facilities of the
resource recovery systesa during usual business hours for
inspection purposes.
4.9 Weighing Records. The COUNTY shell cause operators of all
resource recovery system faciIItIas subject to the terms of
the service agreements to operate and maintain motor truck
ace Ias calibrated to the 4ceuracy required by Florida law
and to weigh all vehicles delivering procestable waste.
Each vehicle delivering solid waste from a CONTRACT
COMMUNITY or the unincorporated County shall have i is tare
weight and cubic capacity and other information required by
the plan of operations to be permanently and conspicuously
displayed on the exterior of the vehicle In a site and
location designated in the plan of operations. The COUNTY
or full service contractors may. from time to time, require
the revalidation of the tare weight of any vehicle or the
reweighing of unloaded vehicles. Each loaded vehicle wLth
processeble waste ■hall be weighed and weight record
produced indicating gross weight, tare weight. date, tiros.
vehicle identification and such other detail as may be
requested of the full service contractors under or pursuant
to their respective service agreements. The COUNTY will
-EE-
1]
cause faCiIity operators to maintain daily records of the
total tonnage of solid welts delivered to its facility.
Within fifteen (13).days after the end of each month. the
COUNTY shall furnish or cause to be furnished to each
CONTRACT COMMUNITY and unincorporated County such weighing
record■ as may be reasonably required by each CONTRACT
COMMUNITY and unincorporated County to administer its
contracts with haulers of solid waste. Copies of sll weight
tickets will be maintained or caused to be maintained by the
COUNTY for a period of at least two (a) years.
4.10 Weighing Scales Not Operational - Estlmates. If weighing
facilities are inoperable or are being tested. the facility
operator shall estimate the quantity of procassoble waste
delivered on the basis of truck volumes and estimated data
obtained through historical information pertinent to the
CONTRACT COMMUNITY or unincorporated County. The estimates
shall take the place of actual weighing records. when the
scales are not operational. If. upon conclusion of testing.
the test Indicates that a scale was Inaccurate, any
adjustments of records actually recorded since the previous
test will be made by the COUNTY pursuant to provisions of
the service agreements and plan of operations.
4.11 Title To and Interest In Products- The CONTRACT COMMUNITIES
and unincorporated County shall relinquish any end all title
and Interest in solid Waste Collected within their
respective boundaries upon delivery of the solid waste to
the resource recovery system.
4.1E Manner of Delivery. Each CONTRACT COMMUNITY and
unincorporated County shell provide the COUNTY with the
following information about each hauler delivering solid
waste on Its behalf to the resource recovery systems name
and. address. make. body type and motor vehicle registration
number of each vehicle usedi are■ of colle ctioni and status
as municipal vehicle operator or contract hauler.
4.13 Solid Waste Segregation Programs. The CONTRACT COWJUN1T1ES
.and unincorporated County ■nd COUNTY agree that no
provisions of this Agreement are intended to either
discourage or prohibit either., voluntary or locally ordained
solid waste segregation programs segregating scrap or new or
used materials at the point of generation and held for
purposes of reuse or recycling.
4.14 Other Contracts for Waste Delivery. The COUNTY agrees to
the extent consistent with the service agfreements that
neither It not any operator of resource recovery disposal
facilities. landfills. contingency landfill■ or transfer
stations may enter Into any agreements for the disposition
of solid waste with other persona. firms or corporations
that materially Impair the ability of the COUNTY to perform
Its obligations to the CONTRACT C01YfUN1T1ES and
unincorporated County under this Agreement.
L
4.15 Except for emergency operations in accordance with section
4.6 of this Agreement. the COUNTY agrees, subject to the
terms of the service agreements, that neither It nor any
full service contractor will enter Into any agreement for F
the disposal or transfer of solid waste with any municipal
corporations of the State of rlorida located in the COUNTY
that Contain terms more favorable to such party than the
price and terms that are provided for under this Agreement,
without the approval of the Resource Recovery Board.
4.16 Spot and Short Term Disposal. The CONTRACT COMMUNITIES and
unincorporated County hereby agree that the COUNTY. o.r any
full service contractor providing 50114 waste disposal or
transfer services on behalf of the COUNTY. Is authorised to
accept solid waste on a spot or short-term basis of leas
than one year* from private haulers. in order to fully
utilize the capacity of any resource recovery facility. so
long as the capacity to receive solid waste delivered on
behalf of any CONTRACT COMMUNITY and unincorporated County
Is not impaired.
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ARTICLE 5
RESOURCE RECOVERY BOARD/SPECIAL DISTRICT
5.1 Creation of Resource Recovery Board and Special District.
The CONTRACT COMMUNITIES and COUNTY agree that there shall
be created a special district to be known as the "Broward
Solid Waste Disposal District" pursuant to Section
125.01ES). Florida Statutes, and this Agreement. The
Resource Recovery Board shall serve as the governing board
of the special district for the purpose of establishing
tipping fees and service charges: advising the COUNTY
concerning construction contracts and service agreements:
adoption of the plan of operations: and providing oversight
of the operations of the resource recovery system for the
CONTRACT COMMUNITIES and unincorporated County. Such
special district shall be established by COUNTY ordinance.
In substantially the form of Exhibit D attached hereto and
made a part hereof. and be approved by ordinance of each
CONTRACT COMMUNITY in substantially' the form of Exhibit E.
attached hereto and :Wade a part hereof. prior to March 31.
1987.
$.E Composition. The Resource ReceverY Board shall be comprised
of nine (e) members. Four (4) of the elected County
Commissioners shall be appointed by the County Cosans►ission to
serve as members for a term of two (S) years. Four (4)
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members Shali be appointed by the CONTRACT COMMUNITIES as
follows:
(a) One (1) member each shall be selected by the two
CONTRACT COMMUNITIES with the largest populations. `
such members shell each serve a term of two (Z) years.
(b) One (1) member shall be selected by the CONTRACT
COlaUNITY nearest to the median in size based upon
population. Such member shell serve for two (Z) years.
(e) One (1) member shall be appointed by the President of
the Broward County League of C " "s or its successor
organisation from its member titles that are CONTRACT
COMMUN1TIZ3. but not Otherwise having an elected member
serving on the Resource Recovery Board. Such member
shell serve a term of two (Z) years.
The remaining member shall serve a term of One (1) year and
shell be an elected County Commissioner appointed by the
County Commission in terms Commencing with even numbered
years. During terms commencing with odd numbered years, the
remaining member shall be an elected official appointed by
the president of the Broward County League of Cltles or its
successor organisstion for the CONTRACT COMMUNITIES from a
CONTRACT COMWUNITY rot otherwise having a member on the
Resource Recovery Board In the same manner as provided In
-a�-
subsection (c) above. All member■ appointed by the CONTRACT 4
COMMUNITIES and COUNTY as provided herein shall be elected
off icisls of their respective CONTRACT COMMUNITY or County
Commission as the case may be. Should a member cease to be
a duly qualified elected official, the appointing authority
which appointed such individual to the Resource Recovery
Board shall select a successor to serve for the remaining
term of the original appointment. For the purpose of this
section, population figures contained in the latest estimate
of population published by the University of Florida Bureau
of Economic ■nd Business Research shall be used.
5.3 The Resource Recovery Board shall elect one (1) of its
members as chairman and one (1) as vice-chairman to serve
for one (1) year in that capacity or until their successors
are elected. The chairmanship of the Resource Recovery
Board shall alternate annually, with a CONTRACT CONMEUNITY
representative presiding in even numbered years and a County
Commissioner presiding in odd numbered years. A ■ilaple
majority of the members of the Resource Recovery Board shall
constitute a quorum to conduct ■ny of its responsibilities_
5.4 The Resource Recovery Board shall pest for the first time
during the month of April, if/7. upon the call of the
Chairman of the County Commission and thereafter
periodically not less then once each quartet, to review all
aspects of the resource recovery system. Including. but not
0
limited ta. tipping fees, other fees and service charges
revisions or amendments to the plan of operations the
formation. implementation and revision of policies and
programss location. relocation. establishment and
reestablishment of resource recovery system facilities to be `
utilised by the CONTRACT COmmUNITIES and unincorporated
Countys repairs. maintenance and expansion of facilities'
apptoval and submission of grant applications' and any other
management or operational policies or directives which may
be needed from time to time.
y,b The Resource Recovery Board shall adopt in accordance with
the requirements Of' Article a and Article Y • schedule of
tipping fees and service charges for users of the facilities
and services furnished by the ,resource recovery system.
S.6 The COUNTY shall provide adequate staff support. including
the necessary administrative. clerical. technical and other
required staff support Lor the implementation and
administration of the resource recovery system during the
tars, of this Agreement. Such employees and consultants
shall diligently serve the Interests of the Resource
Recovery Board and shall not advocate the separate interests
of any CONTRACT COIOfUNITY. unincorporated County or COUNTY.
The COUNTY shall consent to the request of the Resource
Recovery Board to hire special consultants in the event the
COUNTY does not have available the necessary resources and
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expertise in a particular area, which consent shall not be
unreasonably withheld. The Resource Recovery Board may
request the COUNTY to hire special consultants to
impartially advise the Resource Recovery Board on issues
presented by the Resource Recovery Board. The expenditures
for the hiring of such special consultants as well as other
expenditures referred to in this Section 5_8 shall be deemed
a public purpose and be included in the fees and service
charges set forth in Article G.
5.7 Technical Advisory Committee_ There is hereby created a
Technical Advisory Committee composed of representatives of
each CONTRACT CO►a[UNITY and unincorporated County as
follows:
(a) The chief administrative officer of each CONTRACT
COMWUNITY 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 CCOAMUNITY and
unincorporated County. The Resource Recovery Board may
appoint for two (E) year terms up to f Iva (5)
additional member■ representing waste generators.
recycling or environmental interests and private waste
collection companies.
0 -30-
(b) Each member of the Technical Advisory Committee shall
be appointed on the basis of his or her technical or
Professional background which may include engineering,
solid waste management or other related activities.
(c) Each member is responsible for participating in the
activities of the Technleai Advisory Committee.
including the attendance at meetings tot the purpose of
considering technical issues regarding the resource
recovery system-
(d) The Technical Advisory Committee shall serve in an
advisory Cape" ty to both the Resource Recovery Board
and COUNTY.
ARTICLE e
TIPPING FEES AND SERVICE CHARGES
6.1 The Resource Recovery Board shall adopt and revise tipping
fees and ■hall impose and revise service charges which in
each case shall conform with the formulss and other
requirements of this Article ! and Article Y of this
Agreement and in the latter case further shall conform with
the terms and provisions of the ordinance attached hereto as
Exhibit D.
0
7
0
6.Z The CONTRACT COMMUNITIES and COUNTY heretay agree as follows
with respect to the tipping fee for processable waste:
(a) The tipping fee for processable waste to be paid by
each hauler to COUNTY shal I be FORTY FIVE DOLLARS AND
NO CENTS (945.00) per ton adjusted from October 1,
194>s. in accordance with provisions of Subsect Ions (b)
and (a) of this Section and Article 9 hereof. The
elements going Into the calculation of the tipping fee
■re generally the COUNTY's costs of meeting its
obligations hereunder. Exhibit F to this Agreement
contains a summary of the elements of the COUNTY's
costs of meeting its obligations.
(b) The tipping fee for processable waste specified In
Subsection (a) of this Section shal l be
increased an a one time basis by the Resource Recovery
Board If prior to the beginning of operation of the
Initial northern and southern feel I itlss of the
resource recovery system including landfills and
contingency landfill■ (1) a change in law or event of
force majeure• a■ defined In the construction contracts
or service agreements. ill) change In the rate paid
full service contractors by purchasers at electrical
energy or (111) a change In the COUNTY's payment
obligation under the construction contracts and service
F�
agreements occurs which increases the COUNTY's costs of
meeting its disposal obligstion pursuant to provisions
of construction contracts or service agreements. The
tipping fee increase shsll fully compensate the COUNTY
for its Increased costs.
Cc) The tipping fee tot processable waste each fiscal year
commencing with the fiscal Year beginning October 1.
1888, and each succeeding fiscal year thereafter shall
be adjusted automatically Yearly by adding to or
subtracting from the than current fiscal year's tipping
fee the amount obtained by multiplying such current
tipping fee by the average change. expressed as a
percentage. of the following two indices as determined
4
as follow$$
1. From the latest Producer (Wholesale) Price Index
for Durable Goods for the region Including Broward
county. as determined and recorded by the United
States Department of Labor. Bureau of Labor
Statistics. as available 150 days prior to the
expiration of the fiscal year in which the
csleulation is being made for the next fiscal Year.
subtract the amount of such index for the some data
in the next preceding fiscal year. The difference
shall be expressed as a percentage.
r
L.J
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Is
0
Z. The change, expressed as a percentage, for a a i d
period In the Consumer Price index all urban
consumers (CPI-U) for the region Including Broward
County, as determined and recorded by said Bureau
of Labor Statistics, shall be similarly calculated.
The percentage change of each of the foregoing indices
:hose
o determined shall be added together_ The ■um of
numbers shall then be divided by two to determine
the average change, expressed as a percentage. of the
two indices.
In the event that either or both of said Indices shall
no longer be available during the term of this
Agreement. the Resource Recovery Board shall select a
.�s
replacement index or Indices as required provided that
any such replacement shall, in the best )udg ement of
the Resource Recovery Board be as nearly the same as
the replaced index or indices.
(d) Except as provided In Article 9 of this Agreement. the
tipping fee for processable waste provided for in this
Section 6.8 shall be calculated and established by the
Resource Recovery Board at least Ii0 days preceding the
beginning of each fiscal year and shall be effective
for the next ensuing fiscal year.
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6.3 The CONTRACT COMMUNITIES and unincorporated County hereby
agree the tipping tee established from time to time by the
COUNTY or full service contractor and paid by haulers for
disposal of unprocessable waste will be based upon the vol-
ume and content of the unprocessable waste. At no time
shall CONTRACT COMMUNITIES and unincorporated County be
charged a tipping fee for similar unprocessable waste which
Is higher than the most favorable rate then currently being
charged by the COUNTY or full service contractor at the
disposal facility being used.
5.4 The CONTRACT COMMUNITIES and COUNTY hereby consent to the.
Imposition and collection of & service charge pursuant to
Section 125.01(5). Florida Statutes* for the purpose of
making up any "disposal obllq'ation revenue shortfall"
projected or incurred by the COUNTY in any [Isea I year. A
"disposal obligation revenue shortfall" Is herein defined to
mean the difference. If any, projected or realised by the
COUNTY in any fine&, year by subtracting from the total
tipping fees and other revenue Of the resource recovery
system. if any. (the "gross ravenues") the projected or
actual cost of meeting its disposal obligations hereunder.
(a) prior to the beginning of each fiscal year the Resource
Recovery Board shall estimate. based on information
provided by the COUNTY and others as appropriate. the
disposal obllgation revenue shortfall. if any, under
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0-1
01
0
this Agreement and shall impose or revise the service
charge to eliminate any estimated disposal obligation
revenue shortfall for the -ensuing fiscal yssr.
(b)if during any fiscal year the gross revenues plus any
service charge revenues are inadequate to sllovr COUNTY
to meet its disposal obligation. the COUNTY shall
notify the Chairman of the Resource Recovery Board in
writing detailing the reasons for the revenue shortfall
■nd requesting the Resource Recovery Board to impose or
revise the service charge. The Resource Recavery Board
shall impose or revise the service charge in an amount
sufficient to allow COUNTY to meet its current disposal
obligations hereunder and to be reimbursed over ■
period of not more then' twelve (1Z) months for
expenditures already made.
(c) The CONTRACT COWWUNIT1E5 and COUNTY for the
unincorporated area agree to the imposition of a
service charge by the Resource Recovery Board under the
circumstances described In this Section B.{. The basis
for fixing the service charge and the method of
enLorcing the collection of the same shall be as Not
forth in Exhibit D to this Agreement as the same may be
amended from time to time by the Rasoutes Recovery
Board and approved by the Board of County
Commissioners.
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8,S If the net revenues of the resource recovery Sys tam
projected by the COUNTY from the resource recovery system
exceed the cost of meeting its disposal obligations
hereunder in any fiscal year by an amount greater than ISM -
then haulers making deliveries during such fiscal year shall
receive a tipping fee credit in an amount which the Resource
Recovery Board estimates will reduce net revenues to 150% of
said costs.
ARTICLE 7
COLLECTION OF TIPPING FEES
7.1 For tipping fees. the COUNTY shall bill the haulers with
established credit. on at least a monthly basis. In
accordance with the plan of operations. Such haulers shall
pay the COUNTY the full amount of each bill within thirty
(SO) days of receipt.
1.2 Should any hauler fail to pay COUNTT within such thirty (SO)
day Periodo the hauler shall be liable for an additional one
and one-half Percent Cl-1/E%) per month of the outstanding
balance due. Should any amount remain unpaid for more than
forty-five (45) days. such hauler shall be considered In
a
default and all of the rights accruing to the COUNTY under
this Agreement or at law may be pursued by the COUNTY.
•_1
-37- 0
It
Resource Recovery Board or any CONTRACT COMMUNITY to compsi
the hauler to perform its obligat►ons.
7,3 Dispute on Billings.
(a) In the event of a dispute as to a bi l ling, the hauler
shall first pay the full amount of the disputed charges
when due and shall, within thirty (30) days from the
date of the receipt of the disputed bill, give written
notice of the dispute to the COUNTY. The notice of
dispute shall Identify the disputed bill, state the
amount in dispute and set forth a full statement of the
grounds on which such dispute is based,
(b) If not resolved by the hauler and the COUNTY. the
dispute shall be considered by the Resource Recovery
Board who may accept. reiact or modify the hauler's
appeal should It determine that the amount of the
billing doe■ not comply with the terms and conditions
of this Agreement.
(c) Should a hauler disagree with the determination of the
Resource Recovery Board. it may pursue any remedy
available at law except withholdtrtg Payment.
7,41 The COUNTY shell have the right to aat reasonable insurance
and credit raquirements for participating haulers other than
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.
W.
(i) Non -Payment: Customers will be notified in writing no more than 45 days past
due. If unpaid after 60 days, customer will be notified in writing that service is being
suspended until account is paid in full. Notification will be sent to the City of
Tamarac's Code Enforcement Division.
(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 ruses 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.
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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.
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