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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-007Temp. Ord. #1957 Page 1 of 3 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 Page 2 of 3 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 1 1 �1 1 Temp. Ord. #1957 Page 3 of 3 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 uAadm correspondence\agendas\l9570RD.-DisposALL Commercial Franchise Agreement.doc U • e— ol TAB c� 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. 2 1.2 "Contract Year" shall mean a twelve-month period of time beginning on the Commencement Date (as herein defined) and any successive 12-month period thereafter. 1.3 "Customers" shall mean those persons and/or entities which enter into service contracts with Contractor for the Collection of Solid Waste, such as industrial and business sites, office, warehouse and apartment buildings and complexes and other similar locations, including construction sites and demolition projects. 1.4 "Environmental Laws" shall mean any and all state, federal and local statutes, rules, regulations and ordinances relating to the protection of human health or the environment including, without limitation, the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 and the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. '6901, et 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. 3 1.7"Recycling" shall mean the reclamation and/or recovery from Solid Waste of all recyclable matter including, but not limited to, glass, paper, cardboard, plastic, tin and aluminum. 1.8 "Solid Waste" shall mean garbage, trash, refuse, and other solid waste material including, but not limited, to animal and vegetable waste materials; from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and handling and sale of produce and other food products, and such combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials; as well as noncombustible waste materials, including glass, crockery, metal cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures as referred and defined in the interlocal agreement between the City of Tamarac and Broward County, herein attached as Exhibit A. 1.9 "Storage" shall mean the holding of Solid Waste for a temporary, period (less than 24 hours, and not overnight, but in accordance with Florida, or local laws or regulations), at the end of which the Solid Waste is processed, disposed of, or permanently stored elsewhere. 1.10 "Transfer Station," shall mean that location or locations and facilities established and designated by Broward County as loading sites in and around the City so as to provide for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as well as the weighing of the Solid Waste. SECTION 2. GRANT In consideration of the Contractor's performance hereunder and compliance with the covenants and conditions set forth herein, and in the ordinances and regulations of the City governing the Collection of commercial Solid Waste, the City hereby grants to the Contractor the nonexclusive right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and thoroughfares within the corporate limits of the City for the purpose of engaging in the business of Collection of Solid Waste for commercial 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 0 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: 10 (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 11 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 12 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: 15 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. MC • (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 • 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. aIo • 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. an • 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 -e- • 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 r7 L-J • 0 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. • 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. -18- • 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 -13- 0 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. -14- 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 -19- 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 � 0 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. -li- 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. so- 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. � 0 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. -is- 10 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) -ae- 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 -ism- 0 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 -33- 0 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. -34- 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 -39- 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. -36- 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. wt EXHIBIT "C" KEEP TAMARAC BEAUTIFUL PROGRAM The City of Tamarac will continue to pursue the Keep Tamarac Beautiful Program. *Educating and involving citizens, businesses, community organizations and government in responsible voluntary actions that will influence citizen participation in promoting a cleaner, safer, healthier, and more beautiful community. *Studying, investigating and developing plans for the cleanliness of the City. *Furthering the advancement of geographical recycling through education, promotion, solicitation of funds and implementation of facilities and programs on the local level. *Soliciting and accepting donations and appropriations of monies, services, products, property, facilities and disbursement of said funds for the accomplishment of the objectives of this program. 30