HomeMy WebLinkAboutCity of Tamarac Resolution R-96-0371
Temp. Reso. #7333
Revised 2/16/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96- 3 7
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN AGREEMENT FOR
COMMERCIAL SOLID WASTE DISPOSAL SERVICES BY
AND BETWEEN THE CITY OF TAMARAC AND
ENVIRONMENTAL WASTE SYSTEMS, INC., A FLORIDA
CORPORATION; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Tamarac currently contracts for commercial solid waste
disposal services on a three year basis; and
WHEREAS, the commercial waste hauling franchise agreements with All Service
Refuse, Southern Sanitation and Browning Ferris have expired and are currently under
audit; and
WHEREAS, the audit results will be presented and reviewed for possible contract
and code changes; and
WHEREAS, Environmental Waste Systems, Inc. has requested a commercial waste
hauling franchise agreement on a month -to -month basis, pending the audit results; and
WHEREAS, Section 19-29 of the City Code provides that, "any person desiring to
engage in the business of collecting garbage and trash in the City shall, before
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Temp. Reso. #7333
Revised 2/16/96
commencing in or soliciting such business, enter a franchise agreement with the City"; and
WHEREAS, Environmental Waste Systems, Inc. will post the required $150
application fee, reimburse the City for all costs associated with the cost of this contract, pay
the City ten (10%) percent franchise fee based on all gross receipts, post a performance
bond in the amount of $2,500 and post a certificate of insurance naming the City as an
additional insured; and
WHEREAS, the City Manager recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to enter into an
agreement for commercial solid waste disposal services on a contract basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
5LCTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution.
SECTIOjj 2: That the appropriate City Officials are hereby authorized to execute
an agreement between the City of Tamarac and Environmental Waste Systems, Inc., a
copy of said agreement being attached hereto as "Exhibit A".
S=ION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
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Temp. Reso. #7333
Revised 2/16/96
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
$f&TION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this a2day of Fe-b . , 1996.
ATTEST:
WA 1! 2 0 MVN-�
City Clerk
I HEREBY CERTIFY that I have
agar ved this RESOLUTION a$
'MITCHELL S. KRAF I
City Attorney
Emlmnmental W.,meft,
form
MAYOR
DIST.1:
DIST. 2:
DIST. 3:
DIST. 4:
RECORD' OF COMMISSION VOTE
'�e- 76-0 7
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CITY OF TAMARAC
WASTE HAULERS FRANCHISE AGREEMENT
BETWEEN THE CITY OF TAMARAC
F410 f7
ENVIRONMENTAL WASTE SYSTEMS, INC.
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February 5, 1996
C�
C�
CONTRACT BETWEEN
CITY OF TAMARAC AND ENVIRONMENTAL WASTE SYSTEMS, INC.
TABLE OF CONTENTS
section
Description
1
Definitions
1
2
Grant
3
3
Fees
4
4
Term
5
5
Obligations/Scope of Service
5
6
Disposal of Solid Waste
6
7
Recycling Program
7
8
Labor Force
7
9
Equipment
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10
Performance Bond
8
11
Vehicle Identification
9
12
Regulation of Collection Containers
10
13
Health and Sanitation
10
14
Performance Evaluation and Monitoring
10
15
Non -Compliance by the Contractor
11
16
Termination by the City
12
17
Books and Records
13
18
Indemnification
13
19
Insurance
14
20
Contractor's Local Office
16
21
Customer Complaints
16
22
Miscellaneous Provisions
17
Exhibits
25
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THE CITY OF TAMARAC
STATE OF FLORIDA
SERVICE ,CMTRACT
I.,
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
ENVIRONMENTAL WASTE SYSTEMS, INC., 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.")
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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, ENVIRONMENTAL WASTE SYSTEMS, INC., a Florida corporation with
offices in Hollywood, desires to provide the City with commercial solid waste disposal services on
a contract basis.
NOW, THEREFORE, in consideration of the terms, conditions and covenants herein
set forth, the Parties mutually agree as follows:
Section 1. Definitions
Unless otherwise specified herein the following terms shall have the following meanings:
1.1 "Collection", "Collect", and "Collected" shall all refer to and mean the collection
from the Customer's premises, Storage (as that term is herein defined) if necessary, delivery
to the appropriate disposal site, and proper disposal of solid waste, all in compliance with all
applicable federal, state, county, and local laws, statutes, ordinances, rules, and regulations.
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1.2 "Contract Year" shall mean a twelve month period of time beginning on the
Commencement Date as herein defined)
) and any successive 12 month period thereafter.
1.3 "Customers" shall mean those persons and/or entities which enter into service
contracts with Contractor for the Collection of Solid Waste, such as industrial and business
sites, office, warehouse and apartment buildings and complexes and other similar locations.
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, el 5eq., the Comprehensive Environmental
Response Compensation, and Liability Act of 1980, 42 U.S.C., §9601, et seq., as amended
by the Superfund Amendments and Reauthorization Act of 1986, the Hazardous Materials
Transportation Act, 49 U.S.C. §6901 9 =q., the Federal Water Pollution Control Act, 33
U.S.C. § 125 1,!9 =., the Clean Air Act, 42 U.S.C. §7401, et agq., the Toxic Substances
Control Act, 15 U.S.C. §2601, et wq., 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.
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1.6 "Gross Receipts" shall include all revenues collected by Contractor for Collection
services, deliverycharges, fees for late payments and an additional
g p Y y revenue (including
receipts from recycling) related to the Contractor's performance under this Contract.
1.7 "Recycling" shall mean the reclamation and/or recovery from Solid Waste of all
recyclable matter including, but not limited to, glass, paper, cardboard, plastic, tin and
aluminum.
1.8 "Solid Waste" shall mean garbage, trash, refuse, and other solid waste material
including, but not limited, to animal and vegetable waste materials; from the handling,
preparation, cooking, or consumption of food, including waste materials from markets,
storage facilities, and handling and sale of produce and other food products, and such
combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture,
rubber, plastics, yard trimmings, leaves, and similar materials; as well as noncombustible
waste materials, including glass, crockery, metal cans, metal furniture, and similar materials
that do not burn at ordinary incinerator temperatures as referred and defined in the interlocal
agreement between the City of Tamarac and Broward County, herein attached as Exhibit A.
1.9 Storage shall mean the holding of Solid Waste for a temporary, period (less than
24 hours, and not overnight, but in accordance with Florida, or local laws or regulations), at
the end of which the Solid Waste is processed, disposed of, or permanently stored elsewhere.
1.10 "Transfer Station," shall mean that location or locations and facilities established
and designated by Broward County as loading sites in and around the City so as to provide
for the efficient and effective collection of Solid Waste and the ultimate disposal thereof, as
well as the weighing of the Solid Waste.
Section 2. Grant
In consideration of the Contractor's performance hereunder and compliance with the
covenants and conditions set forth herein, and in the ordinances and regulations of the City
governing the Collection of commercial Solid Waste, the City hereby grants to the Contractor the
nonexclusive right pursuant to Article 7.19 of the City's Charter to use the public streets, alleys and
thoroughfares within the corporate limits of the City for the purpose of engaging in the business of
Collection of Solid Waste for commercial Customers located within the corporate limits of the City
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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 Futurg Rgyenue
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 Delinquengyfrovision
In the event contractor fails to make the payment for this Franchise on or before the date due
as hereinabove provided, the Contractor shall pay an interest charge for each month, or a
fraction thereof, that payment is late. An Interest Factor shall be based on the prime rate for
the Chase Manhattan Bank, N.A., plus one percent (1%) Calculation will be illustrated as
follows:
Prime Rate + 1 % / 365 days = Daily Interest Rate (DIR)
DIR x Days Payment Late = Interest Charge
Note:Regardless of the foregoing, the interest rate referred to in
this section will comply with all applicable state laws.
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Section 4. Terrn
4.1 Primary T The term of this Contract shall be on a month -to -month rimary Term a nth -to -month basis
commencing February 14, 1996 and Contractor agrees that at the City's option the term of
the Contract can be extended for a three year term upon notification by City.
4.2 Renewal Term This Contract shall be renewable for three (3) one year periods, only
if hereafter agreed by both Parties, and provided that in order for such renewal right to arise
the City shall have given written notice of its desire to renew the term of the Contract no less
than ninety (90) days prior to termination of this Contract. The Contractor shall accept or
reject the City's proposal to renew this Contract within thirty (30) days of written notice from
the City. Should the Contractor fail to notify the City within said thirty (30) day period of
its refusal to renew the Contract, the Contractor's silence shall be deemed to be an affirmative
acceptance of the renewal proposal.
Section 5. General Statement of C,Qnlractor's ,Obligations; Scope of 5,4rvices
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 shallrecommend schedules of service to said Customers. Unless otherwise
established by City ordinance, Collection schedules for commercial Solid Waste shall be determined
by the Contractor based upon negotiations with its Customers. The Contractor acknowledges and
agrees that Contractor shall be obligated to take such actions as necessary to fulfill its duties and
obligations hereunder and that the City may from time to time issue written directions
to the Contractor clarifying the scope of Contractor's services to fulfill the intent of this Contract.
This franchise agreement does not provide for medical waste disposal.
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Section 6. Disposal f Solid Wastg
The Contractor shal
l 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 "A" (hereafter "Performance
Standards"). Contractor shall not engage any subcontractor without written prior approval of the
City. The City Commission of the Tamarac (hereinafter the "Commission") reserves the right to
revise the Performance Standards as it determines within its sole discretion, such revisions to be
necessary or proper to secure the safety, welfare and accommodation of the public; provided that
prior to the revising or establishing of new or additional Performance Standards, the Commission
shall invite and allow the Contractor to submit any information it may wish for review by the
Commission. The City reserves the right of Commission to seek advice from the City Manager
designate, or such other person or persons as may be responsible for management of Solid Waste
Collection within the city limits of Tamarac. Any revision or establishmentof 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.
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Section 7. Recycling Program
7.1 General Contractor shall establish a Recycling program for it e_ y g p g s 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 Reacling Component for „JaMarac 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 Reputing 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 the
Hauler's/Contractor's monthly report (i.e., the number of businesses recycling, the monthly
tonnage report, and a breakdown of the commodities recycled). Information must be
provided on the State's approved report form as amended hereto.
Section 8. Labor Force
Contractor shall provide the City with written information regarding compliance with this
provision upon request of the City. Contractor shall employ only such superintendents, foremen,
and workmen who are reasonably careful and competent and fully qualified to perform the duties
or tasks assigned to them. All employees of Contractor and/or its subcontractors, if any shall comply
with all laws and regulations, and shall have sufficient skill, ability, and experience to properly
perform the work assigned to them and operate any equipment necessary to properly carry out the
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performance of their assigned duties.
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Section 9. Equipment
Contractor, at its sole cost and expense, shall furnish and maintain all Equipment as is
considered reasonably necessary to perform the work in an acceptable manner and at a satisfactory
rate of progress. The equipment shall be maintained in a first class, safe and efficient working
condition throughout the term of the Contract and any renewal period. Contractor shall establish a
regular preventative maintenance program for all Equipment and shall maintain records of
preventative maintenance and other maintenance repairs to the Equipment. Contractor shall be
responsible for initiating, maintaining and supervising all maintenance programs, safety precautions
and programs, in connection with the work and services performed hereunder. Contractor shall
establish reasonable procedures and programs to prevent property loss or damage and/or personal
injury to persons, including, but not limited to, employees performing such work and all other
persons who may be affected hereby. Contractor shall comply with all Federal, State, and Local
rules and regulations when conducting operations pursuant to this Contract. Contractor shall
maintain files and records of all citations and violations of any laws, statutes, ordinances, or
regulations in the ownership, title, maintenance, or operating of the Equipment and such files and
records shall be available upon reasonable notice for review by the City.
Section 10. P d or
10.1 Pohrmance Bond 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
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failure of performance by the Contractor. The City Attorney is hereby delegated the
authorityto approve not only th pp y e form of the Security, but also the financial capabilities of
the surety to perform.
Section 11. V?,hicUlar Identification
All vehicles and equipment used by the Contractor for the Collection commercial Solid
Waste shall be clearly marked with the Contractor's name in letters of a size sufficient to reasonably
identify the vehicle, but not less than five inches (F) in height. In the event the City shall at any
time require, the Contractor shall also assign to each of its vehicles an identifying number and shall
mark the same upon said vehicles in figures not less than five inches (F) in height.
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Section 12. Regulation f n Contain r
The Contractor shall provide its Customers with appropriate
p pp opriate containers for Collection of
commercial Solid Waste, subject to the following requirements:
(i) All such containers shall be constructed according to the
generally accepted industry standards.
(ii) All rolloff 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. filth 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 EvaluatiRn and Monitoring
14.1 Reimbursement of Cgsts 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
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completeness and accuracy by the City Manager and shall be deemed accurate unless the
Contractor notifies the City in writing of its disagreement to any such costs within thirty (30)
days after receipt thereof. Reimbursement by the Contractor to the City pursuant to this
provision shall not exceed an aggregate amount of Three Thousand Five Hundred and
Dollars ($3,500) and shall be paid by the Contractor 45 days after receipt of invoice from the
City.
14.2 Audit Costs Contractor shall reimburse the City for all audit costs that are incurred
in auditing the gross receipts of Contractor under this Contract. Such costs shall be
submitted to Contractor in writing within thirty (30) days after the completion of each audit
no more often than annually. Such costs shall be certified as to completeness and accuracy
by the City Manager of the City shall be deemed accurate unless Contractor notifies the City
in writing of its disagreement with any such cost within thirty (30) days after 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 AgreeMgnt Year.
Section 15. Non-ComplianceNon-Compliance by th for
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.
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Section 16. Terminatian by C4
16.1 T rmin for Causg
16.1.1 Default Default by the Contractor shall occur if the Contractor fails to
observe or perform a material portion of it's 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 Seryices 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.
16.1.3 RQmedies 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
40 within twenty-four (24) hours after receipt of such notice, the City
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shall have the right to perform or cause to be performed all or part of
the work necessaryto cure such Default. In the event that th t e 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 QV The Contractor hereby assumes risk of
loss and/or injury to property and/or persons arising directly or indirectly from the
performance of any of its obligations under this Contract and finther agrees to indemnify and
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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. Instance
19.1 General The Contractor shall not commence work under this Contract until it has
obtained all the insurance required under this Contract, and such insurance has been
approved by the City. Contractor shall be responsible for delivering to the City the
Certificate of Insurance for approval. Contractor shall name the City of Tamarac as an
additional insured on the Certificate of Insurance. All insurance policies shall be issued by
companies duly licensed to write business insurance policies in the State of Florida and rated
-A- or better by A. M. Best Key Rating Guide. Further, the City shall be named as an
additional insured on all insurance policies (except Workers' Compensation). Certificates
of each policy, together with a statement by the issuing company to the extent that said
policy shall not be canceled without thirty (30) days prior written notice received by the City,
and shall be delivered to the City's Risk Manager for review and approval. Insurance
coverage specified herein constitutes the minimum requirements and said requirements shall
in no way lessen or limit the liability of the Contractor under the terms of this Contract. The
Contractor shall procure and maintain, at its own cost and expense, any additional kinds and
amounts of insurance that, in its own judgment, may be necessary for proper protection in
the prosecution of its work.
19.2 Compensation Insurance The Contractor shall maintain, during the term of this
Contract and any renewals, Workers' Compensation Insurance on all of its employees to be
engaged in work under this Contract, and shall require the same from any subcontractors
used. In the event that any class of employees engaged in hazardous work pursuant to this
Contract is not protected under the Workers' Compensation Statute, the Contractor shall
provide adequate employer's general liability insurance for the protection of employees not
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so protected.
19.3 Comprehensive Gencral Liability, Insurance The Contractor shall procure and
shall maintain during the term of this Contract and any renewals Public Liability and
Property Damage Insurance in an amount not less than $1,000,000 combined single limit
coverage for bodily injury, death and property damage (except automobile).
19.4 Automobilg Inaurance The Contractor shall procure and maintain, during the term
of this Contract and any renewals, Comprehensive Automobile Liability Insurance in an
amount not less than $1,000,000 combined single limit coverage for bodily injury, death, and
property damage (automobile).
19.5 Excess Umbrella LiabiftThe Contractor shall procure and maintain, during the
term of this Contract and any renewals, Excess Umbrella Liability Insurance in an amount
not less than $1,000,000 coverage in excess of Automobile and Bodily Injury/Property
Damage coverages.
19.6 Scope f Insurance The insurance required under the above paragraphs shall
provide adequate protection for the Contractor against damage claims which may arise from
is operations under this Contract, whether such operations be by the insured or by anyone
directly or indirectly employed by the insured. The City shall be named as an insured on all
of Contractor's insurance policies provided for herein.
19.7 Local Agent FQr Insurance And Bonding The insurance and bonding companies
with whom Contractor's insurance and cash bonds are written shall be licensed to do business
in the State of Florida and shall be represented by an agent or agents having an office located
in the State of Florida. Each such agent shall be duly qualified, upon whom service of
process may be had, and must have authority and power to act on behalf of the insurance
and/or bonding company to negotiate and settle with the City, or any other claimant, or any
property owner who has been damaged, may have against the Contractor, insurance, and/or
bonding company. The name of the agent or agents shall be set forth on all such bonds and
certificates of insurance. Contractor shall keep the required insurance in full force and effect
at all times during the term of this Contract, and any renewals thereof. Contractor shall
furnish to City a Certificate of Insurance on a form furnished and approved by City,
15
evidencing the Contractor has obtained the required insurance coverage. At the request of
the City the original policy shall be provided for inspection. All policies must rove that
p P
they may not be changed or canceled by the insurer in less than thirty (30) days after the City
has received written notice of such change or cancellation. Such insurance amounts may be
reviewed upward at City's request, and Contractor shall revise such amounts within thirty
(30) days after receipt of such request.
Section 20. Contractor's Local Office
20.1 QfflSg/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 Staff n� Contractor's local office shall have a responsible person in charge during
collection hours on collection days, shall be equipped with sufficient telephones, a local
telephone number, and sufficient attendants to receive telephone calls. Attendant(s) shall
receive calls in a courteous and polite manner, record all complaints, and resolve all
complaints in an expeditious manner within the next business day.
Section 21. Customer Cq mVlgints
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
16
Contractor shall supply the City upon request with copies of all complaints indicating the date and
M hour of the complaint, the nature of the complaint and the manner and timing of its resolution. The
p g
Contractor shall maintain a customer complaint log during the term of this contract. If a complaint
is not resolved tothe satisfaction of the customer the City shall have the right to intervene on behalf
of that customer.
Section 22. Miscellaneous Provisims
22.1 Indepodent 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 Eowers and Remlations This Contract shall not be taken or held
to imply the relinquishment or waiver by the City of its power to make other reasonable
requirements or regulations pertaining to the subject matter hereof, and the City hereby
expressly reserves the right to make all regulations which may be necessary or proper to
secure the safety, welfare and accommodation of the public, including, but not limited to, the
right to adopt and enforce regulations to protect and promote the health and general welfare
of the public from danger and inconvenience in the management and operation of garbage,
and Solid Waste services detailed herein. Further, nothing herein contained shall constitute
a waiver of any of the requirements of the rules and regulations heretofore adopted by the
City, including the right to make such changes and amendments to said rules and regulations
as said City may deem to be advisable and necessary to protect the public health and general
welfare of its inhabitants.
22.3 Venue This Contract shall be considered consummated in Broward County, Florida.
• All actions brought hereunder shall be brought exclusively in Broward County, Florida.
17
22.4 E h ibits The Exhibits "A", "B", and "C", are incorporated herewith by reference for
all purposes as though fully set forth.
22.5 Paragrgph 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 Discriminati2n Prohibited: Affirmative Action Contractor, in the execution,
performance, or attempted performance of this Contract, shall not discriminate against any
person or persons because of sex, race, religion, color, or national origin, handicap or marital
status. The said Franchise Collector's employees or applicants for employment (as provided
in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977)
understand and agree that this Contract is conditioned upon the veracity of this Statement of
Assurance. Furthermore, the Franchise Collector herein assures the City that said Franchise
Collector will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s)
is/are involved. Other applicable Federal and State laws, Executive Orders, and regulations
prohibiting discrimination as hereinabove 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 Timo 1s 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.
18
22.10 RighUo 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 UnenforceabIO-misions If any provision of this Contract shall be declared illegal,
void or unenforceable, the other provisions shall not be affected and shall remain in full force
and effect.
22.12 Notices Any notice required or permitted to be delivered hereunder shall be in
writing and shall be deemed to be delivered, whether or not actually received, when
deposited in the United States mail, postage prepaid, certified mail, return receipt requested,
addressed to the respective party at the address set forth below:
Contractor: ENVIRONMENTAL WASTE SYSTEMS, INC.
2455 E. Sunrise Blvd.
. Penthouse West
Ft. Lauderdale, FL 33304
(954) 797-4944
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 FormMajeurg 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
19
the Contractor.
22.14 ftjprContracts This Contract supersedes and replaces all verbal communications
p P
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 Approygl by -.the Cily Commission This Contract shall not be considered fully
executed or binding or effective on the City until the same shall have been approved and
accepted by the City Commission of the City of Tamarac in open meeting as required by law
and executed by the Contractor and the City. After such approval and acceptance, the City
shall deliver to the Contractor a certified copy of the Resolution as evidence of the authority
of the person authorized to bind the City to the terms, covenants and provisions of this
Contract and to perform the same in accordance herewith.
22.16 Compliance with Lawa 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 RjghUo 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.
20
•
•
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 Agg9unling standgEds. 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.
21
0 Cily of Tamarac Agrggment for Commercial as a Haulgrs
This Contract shall be effective this the day of 1996, which shall be the
Commencement Date hereof.
ATTEST:
di1 ---1' 1 - • n "
Robert S. Noe, Jr., City Manager
ATTEST:
Carol A. Evans
City Clerk
•
THE CITY OF TAMARAC, FLORIDA
By: -
orman Abramowitz, ayor
Date:_
y�
Robert S. Noe, Jr.
City Manager
�■r r
PX
STATE OF FLORIDA
:SS
COUNTY OF
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 llv_�A-a,nr,wd-z
Qhfil-• to me known to be the person(s) 4escribed in and who executed the foregoing instrument gg'v62
y cr, and I&f
acknowledged before me that executed the same.
•
WITNESS my hand and official seal this ._L day of krc.� 1996.
z��Rv ape!'Cp
BEA
'Y OF Fly K ROM UM ucx0
76
O,
BER
P.
19�CY MA96
Personally known to me, or
Produced identification
( ) DID take an oath, or
( �/) DID NOT take an oath.
L� �Lbo--%
NOTARY PUBLIC, State of
Florida at Large
-69FA) sak _
(Name of Notary Public:
Print, Stamp, or Type as
Commissioned)
Type of I.D. Produced
23
City of Tamarac Agreement_for Commercial Waste Haulers
0
ATTEST: ENVIRONMENTAL WASTE SYSTEMS. INC,
�I J
41
By. -�-
Coruomt�. Se Lary ALBERT CASAGR DE�Presientd�
b
(%orb ,orate Neal)
STATE OF FLORIDA
:SS
COUNTY OF ?3RcL;SQ/S
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
to me known to be the person(s) described in and who executed the foregoing instrument
and acknowledged before me and under oath that executed the same.
WITNESS my hand and official seal this 14k day of TV-:!2- . 1996.
NOTARY PUB IC, State of
Flori t a Ax s A
TONY DE CUZMAN
!VOTARY PUBLIC STATE OF Ft:ORIDA
COMMISSION NO, CC378358
MY COMMISSION EXP, TUNE 2,1998
(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
A1:111:11® CERTIFICATE OF
ATE IMM/DDfYY)
INSURANCE
D02/08/96
N R-
ENVIR-3 02/08/96
PRODUCER
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
NEXT Risk Manavement
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
William F. Comiskey, Jr., CIC
HOLDER. THIS CERTIFICATE DOES AIOT.AMSND,-EXTEND OR
1900 Glades Road, Suite 355
ALTER THE COVERAGE AFFORDED'SY-THE POLICIES BELOW.
Boca Raton FL 33431-7333
COMPANIES AFFORDING COVERAGE
Comiskey, Jr., CIC 746134
COMPANY
A National UnAon'4j 8r, Tns, r�Q. �-
o. 407-338-04$$ Fax No.
in
RED
COMPANY
B Interstate Fire & Casualty
COMPANY ,
Environmental Waste
Systems, Inc.
^
V
0 U.
P.O. Box 4817
COMPANY Lw i 1 i i + r-'. I �, ,'t .. • i..1%
Miramar, FL 33083-4817
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DDNY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS - COMP/OPAGG
$ N/A
A
COMMERCIAL GENERAL LIABILITY
GLA1210847
05/22/95
05/22/96
CLAIMS MADE � OCCUR
PERSONAL &ADV INJURY
$ 1,000,000
EACH OCCURRENCE
S 1,000,000
OWNER'S & CONTRACTOR'S PROT
X
FIRE DAMAGE (Any one firel
$ 50,000
Including
.Completed 0 s
MED EXP (Any one person)
$ 5,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$1,000,000
A
ANY AUTO
BA1350440
05/22/95
05/22/96
BODILY INJURY
$
ALL OWNED AUTOS
X
SCHEDULED AUTOS
(Per person)
X
BODILY INJURY
$
HIRED AUTOS
NON -OWNED AUTOS
(Per accident)
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$ 3,000,000
B
X UMBRELLA FORM
UM01006729
05/22/95
05/22/96
AGGREGATE
0,000,000
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
STATUTORY LIMITS
EMPLOYERS' LIABILITY
EACH ACCIDENT
$
THE PROPRIETOR/ INCL
DISEASE - POLICY LIMIT
$
PARTNERWEXECUTI V E
DISEASE - EACH EMPLOYEE
$
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
EIA/AIGRM (102008)
CERTIFICATE HOLDER
CANCELLATION;
TAMAO 01 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
City of Tamarac
3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Dina M. McDermott
7525 N.W. 88th Avenue
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
Tamarac, FL 33321
OF ANY KIND UP4 THE COMPANY, ITS AGEN104PPPRESENTATI 8.
AUTHORIZED REPR AT V
W.F. Comiskey, Jr., CIC 746134
/TION
ACORD 25-S (3/93)
'0ACORD CO POR 1993
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
•
0 25
0 EXHIBIT "A"
INTERLOCAL AGREEMENT BETWEEN TAMARAC AND BROWARD COUNTY
0 26
EXHIBIT "B"
CITY OF TAMARAC
PERFORMANCE STANDARDS
l . Commercial Container Collection
(a) Container Sized 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 Maintenances 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) Qdor wd Insect Control: The customer will be responsible for odor and insect control
in and around containers.
27
(i) Non -Payment: Customers will be notified in writing no more than 45 days past due. If
unpaid after 60 days, customer will be notified in writing that service is being suspended
until account is paid in full. Notification will be sent to the City of Tamarac's Code
Enforcement Division.
0) 3Ypjaht; Customer shall not overload containers in excess of the acceptable industry
standards. Contractor may charge customers for extra trips or waiting time caused by such
overloading. If customer refuses to remove such material, company or company's agents
may remove such material.
2. General
(a) Office Hours: 8:00 .am. - 5:00 p.m., Monday through Friday.
(b) Holidays: New Year's, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas.
Pickups scheduled for these days will be omitted.
(c) Weather permitting, all vehicles used by the Contractor shall be washed one time per
week.
(d) The Franchise Collector shall preserve from damage all property along the route of the
Collection Services, or which is in the vicinity of or is in any way affected by the
is 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.
C�
28
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.
•
6
7
6
9
10
11
12
13
14
15
17
.9
19
20
21
22
23
24
25
27
28
29
0
31
32
33
34
36
Intrc�.uced by: CIR ,l [.v Temp. Peso. #4552
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-87-_ff
A RESOLUTION APPROVING AND AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AS4
INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR
SOLID WASTE DISPOSAL SERVICE, PERTAINING TO
RESOURCE RECOVERY; A14D PROVIDING AI4 EFFECTIVE
DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the City Council of the City of Tamarac
hereby approves an Interlocal Agreement between the City of
Tamarac and Broward County, pertaining to resource recovery,
attached hereto and made a part hereof as Exhibit "A";
SECTION 2: That the appropriate City Officials are
hereby authorized to execute said Interlocal Agreement.
SECTION 3: This Resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this�� jf�, 1986.
—qYDVt
EY''A. STEIN
Itt MAYOR
ATTEST:
�- �� "S'; --, 4 e� /�
CAROL E. a BARBL.r
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
to form.
GATE
•\ ITS T ORNEY
MAYOR: HART - ,
DIST. 1. C/M ROHR —
DIST. 2: C/M STELZER
DIST. 3: C/M HOFFMAN
_ :7. 4: V/A1 STEIN
rI
C7
E
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
6 R O M A R D C O U N T T
F0 R
S Q L I D W A S T E D 15 P O S A L S E R V I C E
1
ARTICLE
..yam
1
2
3
4
b
e
7
e
9
10
I N D E X
PACE
1
BACXCROUND.................................
7
DEFINITIONS .........
CONSTRUCTION OF FACILITIES / COMMITMENT
OF WASTE STREAM ......................
OBLIGATIONS RELATING TO OPERATIONS ..........
RESOURCE RECOVERY BOARD / SPECIAL DISTRICT .-
TIPPING FEES AND SERVICE CHARGES ............
COLLECTION OF TIPPING FEES ..................
ANNUAL AUDIT ................................
ADDITIONS AND IMPROVEMENTS TO THE RESOURCE
RECOVERY SYSTEM ..........................
ER
OBLIGATIONS
INDEBTEDNESS DS
Of ANYCONTRACTNCOMMUNITY ....
RELATIONSHIP OF THE PARTIES ................
MISCELLANEOUS ...............................
INDEMNIFICATION ............................
CONTRACTS WITH HAULERS ... ......... .•.••••.
CESSATION ..................................
DURATION...................
EXHIBIT A Names Of the Contract Communities .......
EXHIBIT B Names to whom Notices Are to be Directed
EXHIBIT C Ordinance Establishing Solid waste Flow
control ..........
EXHIBIT D ordinanceDisposal the District warSolid
District........
--.-..
EXHIBIT E Ordinance APProving the Ordinance
Creating the Broward Solid waste
Disposal District .....................
it
15
17
to
31
37
39
40
43 -�
43
44
52
52
53
54
97
ee
39
90
$I
•
•
•
C�
EXHIBIT F Summary of County's Costs of Meeting Its
Disposal Obligation 62
11
MII
r�
•
A C R E E M E N T
This Agreement dated for convenience November 29. 1966. by
and between: BROWARD COUNTY, a political subdivision of the
State of Florida. itf successors and assigns, by and through its
Board of County Commissioners. hsreinafter referred to as
"COUNTY"i
AND
The municipalities whose names appear in Exhibit "A".
attached hereto and made a part thereof. their successors and
assigns, hereinafter
referred to as "CONTRACT COMUNITIES."
ARTICLE I
BACKGROUND
1.1 General Statement.
In order to establish the background. context and frame of
reference for this Agreement and to provide a general
background regarding the objectives and Intention$ of the
COUNTY and the CONTRACT COMMUNITIES, the following
statements. representations and explanations are predicates
for the undertakings and commitments included within the
provisions which follow and shall be construed as essential
•
•
elements of the mutual considerations upon which this
Agreement is based.
1.2 Historical Background And Findings
Because of Broward County's contour, elevation and high
ground water level, disposal of solid waste through
landfills has been discouraged_ The United States Congress
and Legislature of the State of Florida (the "State") have
discouraged the dumping or burying of solid waste matter and
the use of sanitary landfills as the ■ale method of disposal
Of solid waste. The COUNTT and the CONTRACT COMMUNITIES,
therefore, make the following findings:
(a) Because of environmental concern■ with utilisation of
landfilling as the solo' `method of disposal of solid
waste generated by the residents and businesses of and
visitors to Broward County. Florida, the CONTRACT
COMMNITIES and COUNTT have sought a joint solution to
such concerns.
Ib) The CONTRACT COMMUNITIES and COUNTT have found and
determined that the policy of the United States
Congress regarding the elimination of solid waste as
provided in 42 U.S.C. Section 0901 to toward recovery
of resources from such waste.
�c) The United States Congress has found with respect to
energy thati
1. Solid waste represents a potential source of solid
fuel. oil. or gas that can be converted into
energy,
g. The need exists to develop alternative energy
sources for public and private consumption in order
to reduce the nation's dependence on such sources
ea .petroleum products. natural gas. nuclear and
hydro -electric generation, and
exists to produce energy from solid
g. Technology
waste.
(d) Chapter 40'J. Part 1V. Florida Statutes. sets forth the
Recovery and Management Act.
State of Florida Resource
The Act's purpose Is to require plans and regulations
for the storage. collection. transportatlor,.
separation. Processing. recycling and disposal of solid
waste to protect the public's health. safety and
Weller@. Likewise. such Act has deemed It a Public
purpose to establish and maintain a stet@ program for
the planning and technical assistance of resource
recovery and management through. among other things'
the promotion of recycling. rouse or treatment of solid
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waste. including recycling of solid waste to produce
electric power_
(a) Additionally, Section 403,713. Florida Statutes.
provides that the municipalities undertaking resource
recovery of solid waste pursuant to general law or
special law may control the collection and disposal of
solid waste for the purpose of insuring that resource
recovery facilities receive an adequate quantity of
waste from solid waste generated within the boundaries
of the local governmental Jurisdiction.
(1) The amendments to the StaLA Comprehensive Plan adopted
by the State in 1989 (Chapter 107. F.S.) establishes a
number of policies regarding energy production and the
reduction of solid waste'landfilling including:
1. Energy Policy No. S - Reduce the need for new power
plants by encouraging end -use efficiency, reducing
peak demand and using cost-effective alternatives.
E. Energy Policy No. 9 - Promote the use and
development of renewable energy resources.
S. Waste Policy No. 1 - ey 1995. reduce the volume of
non -hazardous solid waste disposal in landfills to
55 percent of the 1983 volume.
4 Waste policy No. 7 - Encourage the research,
development and implementation of recycling
resource recovery, energy recovery and other
methods of using garbage, trash. sewage, slime,
sludge, hazardous waste, and other waste.
1.3 The COUNTY and representatives of CONTRACT COMMUNITIES have
jointly developed a eomprehensive solid waste disposal and
resource recovery program including cooperation in
preparation of Request For proposal documents and sub
saqusnt
selection of the full service contractors for the northern
and southern facilitias 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 COMMUNITIES and unincorporated County
and the revenue generating capabilities of the special
district provided for herein.
1.5 It is further recognised by CONTRACT COMMUNITIES and COUNTY
that the COUNTY Is entering into this Agreement both
representing untncorporated County. a waate generation area
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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 COMMUNITIES as well
as for the unincorporated County.
1.6 lnterlocal Agreement
(a) This Agreement is an interlocai agreement entered into
pursuant to Section 163.01. Florida Statutes. the
Florida Interlocal Cooperation Act of 1959. as amended.
(b) Prior to the effectiveness of any provision of this
Agreement and subsequent amendments hereto. this
Agreement and any such subsequent amendments shall be
filed with the Broward County Clerk of the Circuit
Court a■ provided by Section 163.01(11). Florida
Statutes.
1.7 Construction of lnterlocal Agreement
The word "shall" as used In this Agreement shall In all
cases be construed to be mandatory and to require the action
so modified by the word "shall" to be taken without regard
to the exercise of discretion.
ARTICLE 2
DEFINITIONS
The following contains the definitions of the terms as
applied to this Agreement.
2.1 Administrator. The term "Administrator" or "County
Administrator" shall mean the County Administrator of the
Broward County government as provided by the Charter of
Broward County, Florida.
2,2 Board of County Commissioners- The term "Board of County
Commissioners" or "County Commissioners" shall mean the r
Board of County Commissioners of steward County —Florida.
2.3 Cltlzen Weste Receiving Facilities. The term "citizen waste
receiving facilities" shall mean facilities for accepting
solid waste from Other than haulers. The term is to apply
to facilities provided for collection of household trash
from house cleaning and the llke. Citizen waste receiving
facilities shall not be deemed to be a part of the resource
recovery system.
2.4 Construction Contract. The term "construction contract"
shall mean the contracts entered Into by the COUNTY and SES
steward Company, Limited Partnership pursuant to Rasolution
No. 9e-3007 dated August 19. 199e. and Steward Waste Energy
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Company, Limited Partnership pursuant to Resolution No. 86-
3750 dated September 30, 19e6. and any successors thereto to
design, construct. test, maintain. repair and have accepted
the southern facility and northern facility, respectively.
or any other full service contractor, to des►gn. construct,
test, maintain, repair and have accepted a part of the
resource recovery system.
8.3 CONTRACT COMWUNITY. The term "CONTRACT COMMUNITY" or
"CONTRACT COUKUNITIES" 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.
2.0 COUNTY_ The term "COUNTY" shall mean Hroward County,
Florida, a political subdivision of the State of Florida.
2.7 Disposal Facilityfies). The term "disposal facilitytissl"
means that portion of the resource recovery system where
solid waste will be disposed of within the resource recovery
system.
&.8 Disposal Obligation. The term •disposal obligation" shall
mean the obligation of the COUNTY to provide for the
disposal of all solid waste generated in each CONTRACT
COMMUNITY and In the unincorporated County and delivered to
a resource ....very system disposal facility or transfer
station designated pursuant to the plan of operstions.
Z,e Facility Operator. The term facility operator" shall mean
full service contractors or other operators of a part of the
resource recovery system including the COUNTY.
2.10 Fiscal Year. The term "fiscsl year" shall mean October 1 to
September 30.
1.11 Full Service Contractor(,). The term "full service
contrsctor(s)" shall mean a person. firm or corporation that
has entered or will enter into an agreement or agreementss with the COUNTY to design. Construct, test. maintain. repair
facilities
and operate resource recovery system disposal or
system
a
m a
transfer stations within the resource recovery systend
shall mean as to the southern facility SES Broward Company.
Limited Partnership and as to the northern facility Brovard
Waste Energy company, Limited Partnership and any respective
successors thereto.
2.11 Haulers. Th• term "haulers" shall mean those persons. firms
or corporstions or governments, agencies responsible tur►der
ether oral or written Contract. or otherwise) for the
collection of solid waste within the geographic boundaries
of the CONTRACT COMMUNITYfIES) or the unincorporated County
and the transportation and dellverY of such solid waste to
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the resource recovery system as directed in the plan of
operations.
2.13 Northern Facility. The term "northern facility" shall mean
that part of the resource recovery system. including any
landfill, serving the CONTRACT COIWNITIES and the
unincorporated County located ►n the northern part of the
COUNTY, as directed In the plan of operations.
Z.14 Plan of Operations. The term "plan of operations" shall
mean the plan for the operation of the resource recovery
system adopted. amended or revised by the Resource Recovery
Board In the manner set forth +n Section 4.7 hereof.
2.19 processable Waste. The term "processable waste" shall mean
that portion of the solid waste ■tream which 1s 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. fetus*. combustible
agricultural. commercial and light Industrial waste.
cosmercial waste. 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 west*. except, to the
extent consistent with the regulatory and permit
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requirements applicable to the processing of waste by a mass
Y burn resource recovery facility, such minor amounts of such
waste (other than hazardous waste) as may be contained in
the normal proeessable waste stream.
ce Recovery Board"
2.15 Resource Recovery Board. The term "Resour
Shall mean the Governing Board of the special district to be
established by the Board of County Commissioners pursuant to
Section 123.01(5)(4)• Florida Statutes. and this Agreement
which performs such responsibilities as set forth in this
Agreement.
2.17 Resource Recovery System- The term "resource recovery «-
system" shall mean the facilities which are constructed.
operated. maintained and repaired or caused to be
constructed. operated. maintained and repaired pursuant to
this Agreement far the purpose of transfer or disposal of
solid waste of the CONTRACT COMUNITIE5 and -the
unincorporated County and the recovery and sale of materials
and energy. therefrom. Including all landfills. contingency
landfills, transfer stations. treatment facilities and
electrical generation facilities all attendant to the
resource recovery system. Excluded from this definition is
the COUNTY landfill located in the Town of Davie which is in
existence as of the date of the execution of this Agreement.
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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 operating,
maintaining, and repairing a part of the resource recovery
syatem.
2.19 Solid waste. The term "solid waste" shall mean proeessable
waste and unprocessable waste. but excludes unacceptable
was ta.
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2.i0 Southern Facility. The term "southern facility" shall mean
that part of the resource recovery system. including any
landfill. serving the CONTRACT COUMNiT1ES and the
unincorporated County located in the southern part of the
COUNTY. a■ directed in the plan of operations.
2.31 Tipping Fee. The term "tipping fee" shall mean the fees
Imposed pursuant to Article 6 and collected pursuant to
Article 7 of this Agreement from haulers delivering solid
waste to the resource recovery system.
Z.2Z Ton. The term "ton" is used to express a unit of weight
' equal to two thousand (2,000) 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 facilities
including citisen waste receiving facilities and those used
by haulers for reasons other than previously described shall
tem.
not be considered a part of the resource recovery Sys
The term."unacceptable waste" shall
2,24 Unacceptable Waste.
mean motor vehicles. trailers. comparable bulky items oI
machinery or equipment, highly inflammable substances.
hasardous wasteo sludges. pathological and biological
wastes. liquid wastes. sewage• manure, explosives and
ordinance materials. and radioactive materials.
Unacceptable waste shall also include any other material not
permitted by law or regulation to be disposed of at a
landfill unless Such landfill is specifically designed.
constructed and licensed or permitted to receive such
material. Nerve of such material shall constitute either
processable waste or unproeessable waste. Haulers shall not
knowingly deliver such unacceptable waste to and the COUNTY
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or full service contractors shall have the right to exclude
such unacceptable waste from the resource recovery system.
2.25 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 CDLIUUNITY.
2.25 Unprocessable Waste. The term "unprocessable waste" shall
mean that portion of the solid waste stream that is
predominantly noncombustible and therefore. should not be
processed in a mass burn resource recovery system.
Unprocessable waste shall include. but not be limited to.
metal furniture and appliances. concrete rubble. mixed
roofing materials. noncombustible building debris. rock,
gravel and other earthen materials, equipment. wire and
cable. and any item of solid waste exceeding six feet in any
one of its dimensions or being In whole or in part of a
solid mass. the solid mass portion of which has dimensions
such that a sphere with a diameter of eight inches could be
contained within such solid mass portion. and processable
Waste Ito the extent that it to contained in the normal
unprocessable waste stream). This term excludes
unacceptable waste. Haulers ■hall net knowingly deliver
unacceptable waste to and the COUNTY or full service
contractors shall have the right to exclude unacceptable
waste from the resource recovery facilities.
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ARTICLE 3
CONSTRUCTION OF FACILITIES/
COMMITMENT OF WASTE STREAM
3.1 The COUNTY shall cause to be constructed. operated.
maintained and repaired a resource recovery system located
within Broward County for the purpose of disposal of all
solid Waste collected in each CONTRACT COMMUNITY and
unincorporated County and delivered to the resource recovery
Sys t am.
3.2 During the duration of this Agreement a, defined in Article
1i hereof. the CONTRACT CObp,{UNITIES 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
facilities of the COUNTY resource
designated receiving
recovery system pursuant to the plan of Operations as set
forth in Section 4.7.
3.3 Each CONTRACT COMUNITY and COUNTY for the unincorporated
area
agrees
to enact prior to March 31. 1107. a waste flow
control ordinance as set forth in Section 403.713. Florida.
Statutes fas may be amended from time to time). directing
that all solid waste generated within their respective
geographic boundaries be delivered to the resource recovery
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system transfer or disposal.facillty or facilities
designated In the plan of operations. The solid waste flow
control ordinance shall be substantially in the form of
Exhibit C attached hereto and made a part hereof.Each
patty agrees to include in any contracts or contract
amendments with haulers executed after the date of execution
hereof. a provision that all solid waste shall be delivered
to the resource recovery system transfer or disposal
facility or facilities designated in the plan of operations
and to enforce such provision. The COUNTY shall be a third
party beneficiary of such provision.
3.4 A resource recovery system disposal facility may burn
processable waste to produce electrical energy to be sold to
purchasers of electrical energy. Such facility may also
provide for the separation and sale of ferrous and
nonferrous metals and other materials which may be separated
either prior to or subsequent to the burning of the
processable waste necessary to produce electrical energy.
Upon delivery to the resource recovery system. neither the
unincorporated County not any CONTRACTING COMMUNITY shall
have any interest in electrical energy. ferrous and
nonferrous metals and other materials contained in solid
waste delivered.
3.5 The COUNTY hereby assumes responsibility for the disposal of
all solid west* delivered to the resource recovery system by
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each or on behalf of each CONTRACT COWUNITT and
w unincorporated County during the duration of this Agreement
consistent with its rights and obligations under the service
agreements.
3.6 Transfer stations and contingency landfills may be required
because one or more of the resource recovery facilities are
not operational. in [nay. ���.•
construction, operation. maintenance and repair of the
transfer stations and contingency landfills shall be part of
the overall cost of the resource recovery system.
ARTICLE 4
OBLIGATIONS RELATING TO OPERATIONS
4.1 Delivery and Acceptance of Waste. Each CONTRACT COMMUNITY
and COUNTY for the unincorporated area agrees that all of
the solid waste collected within its respective territorial
boundaries shall be delivered to a resource recovery system
disposal facility. landfill. contingency landfill or
transfer station designated pursuant to the plan of
operations. It is the understanding of each of the parties
to this Agreement that the transportation of solid waste
should be minimised to the greatest extent possible
consistent with obligations of the COUNTY to make deliveries
under the service agreements. In determining to which
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resource recovery system facility solid waste shall be
delivered, the Resource Recovery Board shall make every
reasonable effort consistent with the maintenance of the
COUNTY's rights and obligations under the service agreements
to minimise the cost of transportation for CONTRACT
COMMUNITIES 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 responsibtw,for the construction.
operation. maintenance and repair of transfer stations or
contingency landfills pursuant to paragraph 3.8 or other
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receiving facilit►es utilised for the purpose of receiving
solid waste which are a part of the resource recovery
system.
4.3 In order to provide for the testing and startup of any
resource recovery system transfer or disposal facility, upon
not less than thirty t303 days notice by the COUNTY, each of
the CONTRACT COMMUNITIES and unincorporated County shall
deliver or cause to be delivered processable waste to such
facility In amounts and at the times and In the manner
designated In said notice. The notice from the COUNTY shall
also state the estimated amount of processable waste to be
delivered by each CONTRACT COWfUNITT and unincorporated
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County and the estimated length of time for which such
' deliveries are required. In order to facilitate CONTRACT
COMMUNITY planning. the COUNTY will share information with
the CONTRACT COMMUNITIES as to the progress of construction
of all resource recovery transfer and disposal facil►ties.
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. 19E9. The COUNTY shall notify the
CONTRACT COMMUNITIES of any change in the estimate of the
date upon which commerctal operations are to commence. The
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COUNTY shall give the CONTRACT COMMUNITIES and
unincorporated County at least thirty f301 days prior notice
of the date expected to be the actual Commercial operations
data of all resource recovery system transfer and disposal
facilities.
4.5 Receiving Hours. SnbJect to service agreements. the COUNTY
shall Cause the resaura* recovery system to be Open to
receive processable waste from 6100 a.sa. to 6200 p.m. every
day Of the year except " "mber 26 and landfills to be open
to receive unProcessable waste at least 40 hours. five C51
days Par week or as provided in the service agreements and
plan of operations.
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4.6 Emergency Operations/Additional Hours of Operation.
(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 waste other
than during normal receiving hours. the COUNTY will
accept such deliveries to the extent consistent with
the terms of the service agreements and may charge an
additional fee for such emergency service ■s determined
by the Resource Recovery Board.
(b) Additional Hours of Operation. The COUNTY may upon
request of a CONTRACT COMKIUNITT or unincorporated
County agree. to the extent permitted by law and
consistent with the service agreements. to receive
solid waste at hours other than the normal receiving
hours. The requesting CONTRACT COMMUNITY or
unincorporated County shall give reasonable notice and
shall maze 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 tee■ for operating outside the normal
receiving hours will be payable by the CONTRACT
CO&IUNITY or unincorporated County In an amount
determined by the Resource Recovery Board.
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plan of Operations. The COUNTY and the CONTRACT COMMUNITIES
agree that at least six f6) months prior to the data that
the first resource recovery faeillty. landfill Of
contingency landfill or transfer station. developed to meet
the COUNTT'S obligations under this Agreement becomes fully
operational, a plan of operations will be promulgated by the
Resource Recovery Board consistent with the terms of the
service agreement applicable to such facility and
disseminated to each of the parties to this Agreement. The
plan of operations shall be amended or revised by the
Resource Recovery Board at least six (a) months prior to the
date addit tonal
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
tion. management and administration of
relating to the opera
the resource recovery facilities. landfills. contingency
landfills and transfer stations; hours of operations;
schedules of all participants$ schedule and routing of
deliverisss provisions for issuance of authorisation to and
regulation of delivery vehicles' measurements of quantity.
quality and other waste characteristicss billings rules and
regulation■ foisting to the use of the resource recovery
systems inspection of resource recovery system facilities,
and such other itasas as may be deemed appropriate from time
to time by the Resource Recovery Board.
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4.8 Access to Resource Recovery Facilities. The COUNTY agrees
Y to permit. in accordance with the terms of the service
agreements and plan of operations. authorised
representatives of each CONTRACT COhMMI TY and
unincorporated County to enter all facilities of the
resource recovery system during usual business hours for
inspection purposes.
4.9 Weighing Records. The COUNTY shall cause operators of all
resource recovery system facilities subject to the terms of
the service agreements to operate and maintain motor truck
scales calibrated to the accuracy required by Florida law
and to weigh all vehicles delivering processable waste.
Each vehicle delivering solid waste from a CONTRACT
COMMUNITY or the unincorporated County shall have its 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 ■ size and
location designated In the plan of operations. The COUNTY
or full service contractors may, from time to time. require
the revalidation of the tare weight of any vehicle or the
reweighing of unloaded vehicles. Each loaded vehicle wi-th
processable waste shall be weighed and weight record
produced indicating gross weight. tare weight. date. time.
vehicle Identification and such other detail as may be
requested of the full service contractors under or pursuant
to their respective service agreements. The COUNTY will
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cause facility operators to maintain daily records of the
total tonnage of solid waste delivered to its facility.
Within fifteen (151 days after the end of each month. the
COUNTY shall furnish or cause to be furnished to each
CONTRACT COIst[UNITY and unincorporated County such weighing
records as may be reasonably required by each CONTRACT
COMIUN1TT and unincorporated County to administer Its
contracts with haulers of solid waste. Copies of all weight
tickets will be maintained or caused to be maintained by the
COUNTY for a period of at least two (a) years.
4.10 Weighing Scales Not Operational - Estimates. If weighing --
facilities are inoperable or are being tested. the facility
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operator shall estimate the quantity of processabte waste
delivered on the basis of trunk volumes and estimated data
obtained through historical information pertinent to the
CONTRACT COM[UNITY or unincorporated County. The estimates
shall take the place of actual weighing records, when the
scales are net 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 coNWNITIES
and unincorporated County shall relinquish any and all title
and interest In solid waste collected within their
-is-
respective boundaries upon delivery of the solid waste to
the resource recovery system.
4.12 Manner of Delivery. Each CONTRACT COMMUNITY and
unincorporated County shall provide the COUNTY with the
(allowing 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 used; area of collections and status
as municipal vehicle operator or contract hauler.
4.13 Solid Waste Segregation Programs. The CONTRACT COMMUNITIES
.and unincorporated County and 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 West* Delivery. The COUNTY agrees to
the extent consistent with the service agreements that
neither It not any operator of resource recovery disposal
facilities. landfills. contingency landfills or transfer
stations may enter into any agreements for the disposition
of solid waste with other persons. firms or corporations
that materially impair the ability of the COUNTY to perform
Its obligations to the CONTRACT COMMUNITIES and
unincorporated County under this Agreement.
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4.15 Except for emergency operations in accordance with section
4.6 of this Agreement, the COUNTY agrees. subject to the
terms of the service agreements. that neither it nor any
full service contractor will enter into any agreement for
the disposal or transfer of solid waste with any municipal
corporations of the State of Florida located in the COUNTY
that contain terms more favorable to such party than the
price and terms that are provided for under this Agreement,
without the approval of the Resource Recovery Board.
4.15 Spot and Short Term Disposal. The CONTRACT COLGAUNITIES and
unincorporated County hereby agree that the COUNTY, ox any
full service contractor providing solid waste disposal or
transfer services on behalf of the COUNTY. is authorised to
accept solid waste on a spot or short-term basis of less
than one year. from private haulers. in order to fully
utilise the capacity of any resource recovery facility. so
long as the capacity to receive solid waste delivered on
behalf of any CONTRACT CeMuUNITY and unincorporated County
Ia not impaired.
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ARTICLE 5
RESOURCE RECOVERY HOARD/SPECIAL DISTRICT
5.1 Creation of Resource Recovery Hoard and Special District.
The CONTRACT COIWUNITIES and COUNTY agree that there shall
be created a special district to be known as the "Broward
Solid Waste Disposal District" pursuant to Section
185.01(5). 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 agreementsg
adoption of the plan of operational 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,
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in substantially the form of Exhibit D attached hereto and
made a part hereof. and be approved by ordinance of each
CONTRACT COMMUNITY In substantially the form of Exhibit E.
attached hereto and made a part hereof. prior to Match 31.
1987.
$.A Composition. The Resource Recovery Board shall be comprised
of nine (s) members. Four (4) of the elected County
Commissioners shall be appointed by the County Commission to
serve as members for a term of two (Z) Years. Four (4)
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members shall be appointed by the CONTRACT CobeAUNITIES 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 (2) years.
(b) One (1) member shall be selected by the CONTRACT
COMNIUNITT nearest to the median in size based upon
population. Such member shall serve for two (2) years -
Cc) One (1) member shall be appointed by the President of —
the Browsrd County League of Cities or its successor
organisation from Its member cities that are CONTRACT
C06MNiTIES. but not otherwise having an elected member
serving on the Resource Recovery Board. Such member
shall serve a term of two (2) years.
The remaining member shall serve a term of one I11 year and
shall 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 Cltlas or its
successor organization for the CONTRACT COMMUNITIES from s
CONTRACT COMWNITT not otherwise having a member on the
Resource Recovery Board in the same manner as provided in
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subsection (c) above. All members appointed by the CONTRACT
COUMUNITIES and COUNTY as provided herein shall be elected
officials of their respective CONTRACT CODUUNITY or County
Commission as the case may be. Should a member cease to be
■ 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 tna purpose or tnis
section, population figures contained in the latest estimate
of population published by the University of Florida Bureau
of Economic and Business Research shall be used.
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D.� Th• Resource Recovery Board shall elect one (l) of its
members as chairman and one tl) as vice-chairman to serve
Ear 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 COMMUNITY
representative presiding in *van numbered years and a County
Commissioner presiding in odd numbered years. A simple
majority of the members of the Resource Recovery Board shall
constitute a quorum to conduct any of its responsibilities.
5.4 The Resource Recovery Board shall meet for the first time
during the month of April. 1997. upon the call of the
Chairman of the County Commission and thereafter
periodically not less than once each quarter. to review all
aspects of the resource recovery system. including. but not
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limited to. tipping fees. other fees and service charges;
revisions or amendments to the plan of operations the
formation. implementation and revision of policies and
programst Iocation. relocation. establishment and
reestablishment of resource recovery system facilities to be
utilised by the CONTRACT COIWUN M ES and unincorporated
County; tepairs. maintenance and expansion of facilities$
approval and submission of grant applications; and any other
management or operational policies or directives which may
be needed from time to time.
y,y The Resource Recovery Board shall adopt in accordance with
the requirements of• Article A and Article 9 a schedule of
tipping fees and service charges for users of the facilities
and services furnished by the resource recovery system.
5,S The COUNTT shall provide adequate staff support. including
the necessary administrative@ clerical• technical and other
required staff support for the implementation and
■dministration of the resource recovery system during the
term of this Agreement. Such employees and consultants
shall diligently serve the interests of the Resource
Recovery Board and shall not advocate the separate interests
of any CONTRACT CCUMUNITT. unincorporated County or COUNTT.
The COUNTT shall consent to the request of the Resource
Recovery Board to hire special consultants in the event the
COUNTT does not have available the necessary resources and
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expertise in a particular area. which consent shall not be
unreasonably withheld. The Resource Recovery Board may
request the COUNTY to hire special consultants to
impartially advise the Resource Recovery Board on issues
Presented by the Resource Recovery Board. The expenditures
for the hiring of such special consultants as well as other
expenditures referred to in this Section 11.8 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 COMMUNITY and unincorporated County as
follows:
,:
(s) The chief administrative officer of each CONTRACT
COMMUNITY and COUNTY shall appoint a representative who
shall serve until replaced from the public works,
utilities or such other department which performs
similar functions for the CONTRACT COMMUNITY and
unincorporated County. The Resource Recovery Board may
appoint for two ($) year terms up to live (3)
additional members representing waste generators.
recycling or environmental interests and private waste
collection companies.
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(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 relsted activities.
Cc) Each member is responsible for participating in the
activities of the Technical Advisory Committee.
including the attendance at meetings for the putpose of
considering technical issues regarding the resource
recovery system.
(d) The Technical Advisory Committee shall serve in an -r.
advisory capacity to both the Resource Recovery Board
and COUNTY.
ARTICLE E
TIPPING FEES AND SERVICE CHARGES
6,f The Resource Recovery Board shall adopt and revise tipping
fees and shall impose and revise service charges which in
each case shall conform with the formulas and other
requirements of this Article d 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.
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8.2 The CONTRACT COMMUNITIES and COUNTY hereby agree ■s follows
with respect to the tipping fee for processable waste:
(a) The tipping fee for processable waste to be paid by
each hauler to COUNTY shall be FORTY FIVE DOLLARS AND
NO CENTS (245.00) per ton adjusted from October 1,
flea, to accordance with provisions of Subsections (b)
and (c) of this Section and Article / hereof. The
elements going into the calculation of the tipping fee
are generally the COUNTY's costs of meeting its
obligations hereunder. Exhibit F to this Agreement
contains a summary of the elements of the COUNTY's
costs of meeting its obligations.
(b) The tipping tee for processable waste specified in
Subsection (a) of this Section shall be
increased on a one time basis by the Resource Recovery
Board if prior to the beginning of operation of the
Initial northern and southern facilities of the
resource recovery system including landfills and
contingency landfills (1) a change In law or event of
force majeure as defined In the construction contracts
or service agreements. (11) change in the rate paid
full service contractors by purchasers of electrical
energy or (ill) a change in the COUNTY's payment
obligation under the construction contracts and service
•
agreements occurs which increases the COUNTY's costs of
meeting its disposal obligation pursuant to provisions
of construction contracts or service agreements. The
tipping tee increase shall fully compensate the COUNTY
for its increased costs.
Cc) The tipping fee for processable waste each fiscal year
commencing with the fiscal year beginning October 1,
1988. and each succeeding fiscal year thereafter shall
be adjusted automatically yearly by adding to or
subtracting from the them current fiscal year's tipping
tee the amount obtained by multiplying such current w
tipping tee by the average change, expressed as a
percentage. of the following two indices as determined
as follows$
1. From the latest Producer (Wholesale) Price index
tot 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 170 days Prior to the
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expiration of the fiscal year in which the
calculation is being made lot the next fiscal year.
subtract the amount of such index for the same date
in the next preceding fiscal year. The different•
shall be expressed as a percentage.
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Z. The change. expressed as a percentage. for said
— 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
so determined shall be added together. The sum of
those numbers shall then be div►ded 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
replacement index or indite■ as required provided that
any such replacement shall. in the beat judgement of
the Resource Recovery Board be as nearly the same a■
the replaced Index or indices.
Cd) Except as provided in Article 9 of this Agreement. the
tipping fee for processable waste provided for in this
Section 4.2 shall be calculated and established by the
Resource Recovery Board at least 1ZO days preceding the
beginning of each fiscal year and shall be effective
for the next ensuing fiscal year.
6.3 The CONTRACT COMMUNITIES and unincorporated County hereby
agree the tipping fee established from time to time by the
COUNTY or full service contractor and paid by haulers for
disposal of unprocessable waste will be based upon the vol-
ume and content of the unprocessable waste. At no time
shall CONTRACT COMMUNITIES and unincorporated County be
charged a tipping tee 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 a service charge pursuant to
Section 1tS.011S7. Florida Statutes. for the purpose of
making Up any "disposal oblig-ation revenue shortfall"
projected or incurred by the COUNTY in any fiscal year. A
"disposal obligation revenue shortfall" is herein defined to
mean the difference. if any. projected or realised by the
COUNTY in any fiscal year by subtracting from the total
tipping fees and other revenue of the resource recovery
System. if any. fthe "gross revenues") 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 obligation revenue shortfall, if any. under
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this Agreement and shall impose or revise the service
charge to eliminate any estimated disposal obligation
revenue shortfall for the -ensuing fiscal year.
(b) If during any fiscal year the gross revenues plus any
service charge revenues are inadequate to allow COUNTY
to meet Its disposal obligation. the COUNTY shall
notify the Chairman of the Resource Recovery Board in
writing detailing the reasons for the revenue shortfall
and requesting the Resource Recovery Board to impose or
revise the service charge. The Resource Recovery Board
shall impose or revise the service charge in an amount
sufficient to allow COUNTY to most its current disposal
obligations hereunder and to be reimbursed over a
period of not more than twelve (18) months for
expenditures already made.
(c) The CONTRACT COMMUNITIES and COUNTY for the
unincorporated area agree to the imposition of a
service charge by the Resource Recovery Board under the
circumstances described in this Section 6.4. The basis
for fixing the service charge and the method of
enforcing the collection of the same shall be as set
forth In Exhibit A to this Agreement as the same may be
amended from time to time by the Resource Recovery
Board and approved by the Board of County
Commissioners.
6.5 if the net revenues of the resource recovery system
projected by the COUNTY from the resource recovery system
exceed the cost of meeting its disposal Obligations
hereunder in any fiscal year by an amount greater than 150%,
then haulers making deliveries during such fiscal year Shall
credit in an amount which the Resource
receive a tipping too
Recovery Board estimates will reduce net revenues to 150% of
said costs.
ARTICLE 7
COLLECTION OF TIPPING TEES
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
(30) days of receipt.
7.2 Should any hauler fail to pay COUNTY within such thirty (303
day period. the hauler shall be liable for an additional one
and one-half percent (1-i/S%) per month of the outstanding
balance due. Should any amount remain unpaid for more than
forty-five (4S) days, such hauler shall be considered in
default and all Of the rights sccruing to the COUNTY under
this Agreement or at law may be pursued by the COUNTY.
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Resource Recovery Board or any CONTRACT COMMUNITY to compel
the hauler to perform its obligations.
7.3 Dispute on Billings.
(a) In the event of a dispute as to a billing, the hauler
shall first pay the full amount of the disputed charges
when due and shall, within thirty (301 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 .torth a full statement of the
grounds on which such dispute is based.
(b) It not resolved by the hauler and the COUNTY. the
dispute shall be considered by the Resource Recovery
Hoard who may accept, reject or modify the hauler's
appeal should it determine that the amount of the
billing does not comply with the terms and conditions
of this Agreement.
Cc) Should a hauler disagree with the determination of the
Resource Recovery Board. it may pursue any remedy
available at law except withholding payment.
7.4 The COUNTY shall have the right to set reasonable Insurance
and credit requirements for participating haulers other than
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condition of credit that haulers agree to the collection
procedures in this Article 7 including the dispute
resolution procedures in Section 7.3.
7.5 Each CONTRACT COMMUNITY end COUNTY for the unincorporated
Brea agree
amendments
to include in any contracts or contract
with haulers executed after the date of execution
hereof. a provision that the
hauler shall comply with the
provision 2
The COUNTY
provision.
of this Article 7
shall be a third
and to enforce such provision -
party beneficiary of such
ARTICLE 8
ANNUAL AUDIT
6.1 The COUNTY shall secure an annual external audit. consistent
with the terms of the service agreements. of the solid waste
disposal and resource recovery system by a qualified
certified public accountant. Copies of the audit reports
are to be made available to all CONTRACT'COMMUNITIES. the
Resource Recovery Board and. if requested. to private
entities utilising the system. The COUNTY shall maintain
separate
recovery
accounts and records for each of the resource
facilities, landfills. contingency landfills and
transfer
stations.
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ARTICLE 9
ADDITIONS AND IMPROVEMENTS
TO RESOURCE RECOVERY SYSTEM
9.1 This Agreement obligates the COUNTY to construct, operate,
maintain and repair a resource recovery system or cause to
be Constructed, operated, maintained and repaired a resource
recovery system adequate for the disposal of all solid warts
collected in each CONTRACT COMMUNITY and unincorporated
County and delivered to the resource recovery system
Consistent with the terms of the service agreements.
Accordingly, the COUNTY may be required from time to time to
incur additional obligations and indebtedness to pay the
cost of acquiring. constructing and reconstructing additions
and Improvements f"additions end improvements") to the
resource recovery system.
9.E In the event the COUNTY determines that the resource
recovery system or one or more of Its 96cilities has become
lAadequate to meet the COUNTY's disposal obligation under
this Agreement. but revenue projected to be derived from the
resource recovery system would not be adequate to support
the cost of such additions and improvements. the COUNTY
shall be authorised to proceed as foil4 at
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(a) if sufficient revenue would be generated by the
imposition of an increase in the current tipping fee no
greater than 15 percent in excess of the tipping fee as
then established pursuant to Section 6.2 of this
Agreement, the COUNTY may, by resolution of its Board
of County Commissioners, request the Resource Recovery
Board to so increase the tipping fee commencing at a
time certain. and the Resource Recovery Board shall set
the tipping fee in accordance with such request.
(b) If sufficient revenue would be generated only by the
imposition of as+ increase in the tipping fee in excess
of
!B percent- such lncreaso shalt only be set by the-
Resource Recovery Board upon request of the Beard of
County Commissioners in _the manner described to (aCommissioners
above if the County Commission and governing bodies of
CONTRACT CoWWUNITIES containing at least St percent of
the population of all the CONTRACT comMUNITIES and
unincorporated County adopt resolutions approving the
amount of the tipping fee increase as ■et forth in the
resolution of the Board of County Commissioners
requesting such increase. In acting in accordance_ with
this subsection. the Resource Recovery Board shall rely
conclusively on a statement furnished by the University
of Florida Bureau of Economic and Business Research as
to the current best estimates of the population of the
respective CONTRACT COUKUNITIES and unincorporated
County.
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(c) if the 61 percent approval required by subsection (b)
cannot be obtained within six (6) months of the County
Commission passing its resolution requesting a tipping
toe Increase and if the COUNTY cannot otherwise satisfy
revenue requirements so as to incur obligations or
Indebtedness adequate to pay the cost of additions and
Improvements necessary to meet the disposal obligation,
the COUNTY. with the advice of the Resource Recovery
Board, shall calculate the tons per day by which
current disposal obligation exceeds the capacity of
resource recovery system facilities. The plan of
operations will be revis#,d by the Resource Recovery
Board In such a manner a■ required to reduce. in an
equitable. pro rate fashion to be determined at the
Z
time, the tons per day which each CONTRACT C014WHITT
and unincorporated County will be entitled to deliver
or cause to be delivered to resource recovery system
facilities.
ARTICLE 10
OBLIGATIONS UNDER THIS AGREEMENT ARE
NOT INDEBTEDNESS OF ANY CONTRACT COWUNITY OR COUNTY
10.1 The respective obligations of each CONTRACT COMMUNITY and
COUNTY under this Agreement shall not be an indebtedness of
such CONTRACT COMMUNITY or COUNTY within the meaning of any
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constitutional. statutory, chatter or ordinance provision or
limitation of suoh CONTRACT COMMUNITY or COUNTY. Neither
CONTRACT COMMUNITY not COUNTY Is Obligated to pay at cause
to be paid any amounts due under this Agreement except in
the manner provided herein. and the faith and credit of such
CONTRACT COMMUNITY and COUNTY is not pledged to the -payments
of any amounts due under this Agreement.
This Agreement shall not require any CONTRACT COMMUNITY or
COUNTY to levy or pledge any taxes whatsoever for the
payment of any amounts due under this Agreement.
ARTICLE It
RELATIONSHIPS OF THE PARTIES
11.1 Except as set forth herein. no parties to this Agreement
shall have any responsibility whatsoever with respect to
services provided or contractual obligations assumed by the
other party and nothing in this Agreement shall be deemed to
constitute any party a partnery agent• or legal
representative of the other party or to create any type of
fiduciary responsibility or relationship of any kind
whatsoever between the parties. The obligations to this
Agreement are not Joint. the obligations are separate and
several between each of the CONTRACT COMMUNITIES and COUNTY.
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ARTICLE IZ
MISCELLANEOUS
1Z.1 Assignment. This Agreement, or any interest herein. may not
be assigned. transferred or otherwise encumbered. under any
circumstances by any party without the prior written consent
of- the other parties to this Agreement. The parties agree.
however. that the COUNTY may assign rights and obligations
under this Agreement as Is necessary by the COUNTY with the
advice of the Resource Recovery Board for the provisions of
solid waste disposal services under th►s Agreement.
12.2 State and Federal Laws. The pprovislons of solid waste
disposal servlcei under this -Agreement shall comply with all
applicable state and federal laws. This Agreement shall be
aonstrued in accordance with the laws of the State of
Florida.
13.3 COUNTY Records. The COUNTY agrees to maintain and cause its
full service contractors pursuant to the terms of the
service agreements to maintain complete and accurate
accounting records for solid waste transfer or disposal
services provided to the CONTRACT COMMUNITIES and
unincorporated County. The COUNTY agrees to maintain. or
cause to be maintained information ►n sufficient detail to
permit each CONTRACT COMMUNITY to ascertain the cost of
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solid waste services provided pursuant to this Agreement.
' separate and apart from the cost of other Services of the
COUNTY. Upon reasonable notice given by any CONTRACT
COMMUNITY. the COUNTY shall make available or have made
available to such CONTRACT COMMUNITY all books. records.
computer programs. Printouts. memoranda of any kind
whatsoever regarding all of the operations of the resource
recovery system at the cost of the party seeking such
Information.
12.4 Notices. All notices, consents and other communications
required. permitted or otherwise delivered under this
Agreement shall be In writing and be delivered either by
hand with proof of delivery or mailed by first class
registered or certified mail. return receipt requested.
postage prepaid. and in any case shall be addressed as
provided in Exhibit H. attached hereto and made a part
hereof.
Changes in the respective addresses of CONTRACT COMMUNITIES
provided In Exhibit 8 and of COUNTY provided on the
signature Page may be made tram time to time by either party
by notice to the other party. Notices and consents given by
mail In accordance with this section shall be deemed to have
been given five C" business days after the day of dispatcha
notices and consents given by any other means shall be
deemed to have been given when received.
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12.5 Grant Information_ The CONTRACT COMMUNITIES agree to
provide the COUNTY and the Resource Recovery Hoard with all
relevant information that any federal, state or local
agencies may require In the application for financial
assistance in the acquis►tion or construction of the
resource recovery facilities and In the provisions of solid
Waste disposal services to them. The parties agree to adopt
such regulations. execute such agreements and do such work
so may be required by federal. state or local agencies as
part of any such application for financial assistance to the
resource recovery facilities.
18.6 Incorporation of Agreements. This document supersedes all
prior negotiations. correspondence.' conversations.
agreements. or understandings, applicable to the matters
contained therein. Accordingly. it Is agreed that no
deviation from the terms hereof shall be predicated upon any
prior representations or agreements. whether oral or
written. it is further agreed that no modification.
amendment or alteration in the terms or conditions contained
herein shall be effective unless contained in a written.
document executed by the governing bodies of CONTRACT .
CCUMUNITIE8 and County Commission containing at least 61
percent of the population of all CONTRACT COMMUNITIES and
unincorporated County. No modification or alteration shall
be adopted which reduce■ the term of this Agreement as
provided in Article 16 hereof.
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12.7 Additional CONTRACT COMMUNITIES. After March 31. 1987, and
throughout the term of this Agreement. any municipal
corporation existing under the laws of the State and located
In COUNTY which is not already a CONTRACT COMMUNITY may
become a CONTRACT COUWUNiTY only under the following terms
and conditions:
(a) Any municipal corporation wishing to become a CONTRACT
COMMUNITY. hereinafter referred to as "Nominee", shall
give written notice to the COUNTY and Resource Recovery
board on or before March 31 of the Nominee's desire to
^
become a CONTRACT COMMUNITY as of the following October
1. the beginning of the next fiscal year.
(b) In Its written notice. Nominee shall certify that it
has approved this Agreement. as It may have been
modified or amended as of that date. and adopted the
ordinances required of CONTRACT COMMUNITIES attached to
thla Agreement as Exhibits C and E. as such have been
modified or amended as of that date. The effective
date of this Agreement and ordinances shall be the
following October I.
(a) The written riotles shall further acknowledge Nominee's
agreement to waive provisions of Section 4.1 of this
Agreement regarding the minimising of transportation of
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solid waste and cost of such transportation by the
Resource Recovery Board in the plan of operations If
existing CONTRACT COMMUNITIES would be required to
either modify their than existing operations or incur
additional costs unless such existing CONTRACT
CCUMUNITIES waive this provision in writing to the
Resource Recovery Board.
td) The Nominee shell also agree to pay a proportionate
share of past costs associated with development of the
resource recovery system. the provision of contingency
landfill capacity and other similar costs. The
Resource Recovery Board shell, upon written request of
any municipal corporation eligible to become a Nominee,
provide a quotation of potential Nominee's share of
such past costs which shell be based upon the estimated
quantity and quality of the potential Nominee's solid
waste which the COUNTY would be required to dispose of
over the remaining life of this Agreement. Payment of
such past costs to the COUNTY may be made as a lump sum
by a Nominee upon becoming a CONTRACT COMMUNITY or may
be made by it in equal annual installments over the
remaining term of this Agreement. There shall be no
prepayment penalty. Interest on any unpaid balance
shall be computed based upon the maximum rate Vold on
any Broward County Resource Recovery Revenue Bonds
Series 1984 designated for construction of any portion
of the resource recovery system.
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(e) When a Nominee has agreed to all of the above terms and
met all of the above conditlOns. the COUNTY $hall give
written notice to the Nominee. existing CONTRACT
COUMN1TIES and Resource Recovery Board that the
Nominee will become a CONTRACT coLeaUNITY for all
purposes of this Agreement and Exhibits A and B of this
Agreement will be modified as appropriate on the
[allowing October I.
it.e Confidentiality. Each CONTRACT Coj&MNiTY acknowledges that
information COUNTY obtains from a full service contractor r
may be su6Ject to confidentiality restrictions under the
construction contracts and service agreements to the extent
consistent with applicable law•
it.f severability. In the event that any provision of this
Agreement shall, for any reason. be determined to be
invalid. illegal or unenforceable in any respect# the
parties hereto shall negotiate in good faith and agree as to
such amendments. modifications or sapplements of or to this
Agreement or such other appropriate actions as shall. to the
maximum extent practicable in light of such determination.
Implement and give effect to the intentions of the parties
a■ reflected heraino and the other previsions of this
Agreement shall. as so amended. modified or supplemented. or
otherwise affected by such action, remain in full force and
effect.
12.10 Representations and Warranties; Legal Opinions. Each of
the CONTRACT COMMUNITIES and COUNTY hereby represents and
warrants as to itself as follows and each CONTRACT
COMMUNITY hereby agrees to provide to the COUNTY's bond
counsel and to the COUNTY's General Counsel a favorable
opinion of its Counsel dated as of such date that they may
request and on which they may rely in furnishing opinions
to the full service contractors to the following effect:
(a) it is duly organised and validly existing under the
constitution and laws of the State of Florida. with full
legal right. power and authority to enter into and
perform its obligations hereunders
(b) This Agreement has been duly authorised. executed and
delivered by it and constitutes its legal. valid and
binding obligation. enforceable against it in accordance
with its terms (except as such enforceability may be
limited by Article X. Section 13 of the Florida
Constitution or bankruptcy. moratorium reorganisation
or similar laws affecting the right of creditors
generally)#
(e) Neither the execution or delivery by it of this
Agreement, not the performenee of its obligations
hereunder or the ful►illment of the terms and conditions
0 -so-
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hereof: (i) conflicts with, violates or results in a
breach of the Constitution. any law or government
regulation of the State of Florida. or any other local
law or ordinance or fit) conflicts with, violates or
results in any breach of any term or condition of any
judgment or decreet or any agreement or Instrument to
which it is a party or by which It or any of its
properties or assets are bound. of constitutes a default
thereunderi
(d) Except for the procedures provided under Section
IE6.01(5). Chapter 153 and Chapter 70 of the Florida
Statutes. and such action as has already been taken. now
approval, authorisation. or order of. or any consent or
declaration. registration -Of filing with. any
governmental authority of the State of Florida or any
referendum or Other action of voters (by election.
action by town or city council or otherwise) is required
for the valid execution. delivery and performance of
this Agreement by its
CO) Except as disclosed in writing to the other parties_
prior to Its execution and delivery of this Agreement.
to its best knowledge, that* is no action'
suit or
proceedings at law or in equity. of any official
investigation before any court of governmental authority
not any referendum or other voters' initiative pending
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or, to its best knowledge, threatened against It which
might materially adversely affect the taking or exercise
by the Special District or the Resource Recovery Board
of the actions to be taken by either of them or the
powers to be exercised by either of them under this
Agreement. or the performance by either of them or it of
their and its obligations under this Agreement or which
challenges, or if adversely determined might materially
adversely affect, the validity, legality or
enforceability of this Agreement.
ARTICLE 13
1NDEMNIFIdAT1ON
13.1 To the maximum extent permitted by law. the COUNTY and each
CONTRACT COMMMITY shall indemnify. defend and hold harmless
the other. their officers. employees and agents from and
against any liability, claims. demands. actions. costs.
expenses. fosses or damages whatsoever. Including reasonable
atterney's fees, that may in any way result from any
negligent acts arising out of the performance of its
obligations under this Agreement.
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ARTICLE 14
CONTRACTS WITH HAULERS
14.1 Each party to this Agreement agree' to cause the terms and
conditions of any agreement that it may have with a hauler
of solid waste to conform with the terms and conditions of
this Agreement within 24 months of its execution hereof.
ARTICLE 15
CESSATION
15.1 If any CONTRACT COMMUNITY. unincorporated County or COUNTY
shall fall to perform or observe any of the material terms
is Agreement for a period of sixty Ca0]
and conditions of th
days after receipt of notice of such default from another
party or Resource Recovery Board. the patty giving the
notice of default may be entitled. but not required. to $eek
■pacific petformane9 of this Agreement. The parties
acknowledge that money damages may be an inadequate remedy
for the failure to perform and that the party giving notice
is entitled to obtain an order requiring ■Pecifie
performance by the other Party- Failure of any Patty to
exercise its rights in the event of any breach by another
party shall not constitute a waiver of such rights. He
party shall be doomed to have waived any fsilute to perform
by another party unless such waiver is in writing and signed
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by the waiving party. Such waiver shall be limited to the
terms specifically contained therein. This paragraph shall
be without prejudice to the right of any party to seek such
just legal remedy for any breach of the other as may be
available to it.
15.2 Resource Recovery Board shall provide for the equitable
distribution of the Browsrd Solid Waste Disposal District's
assets and liabilities to the CONTRACT COMMUNITIES.
unincorporated County and COUNTY at the end of the term of
this Agreement. The Resource Recovery Board shall consider
any perpetual maintenance resp_onsibllities of the COUNTY in
making such distributions.
ARTICLE 1e
DURATION
16.1 This Agreement shall be effective for each CONTRACT
COMMUNITY and unincorporated County from the date of
execution for a period ending twenty (80) years from the
date the Initial northern or southern resource recovery
facility or contingency landfill servicing the applicable
CONTRACT COMMUNITY or unincorporated County as provided for
to the plan of operations becomes operational in accordance
with the terms of the service agreements or otherwise. but
In no event earlier than the later of the final maturity of
any indebtedness of the COUNTY issued with respect to the
resource recovery system or expiration of the initial term
of the northern and southern resource recovery facility
service agreements.
IN WITNESS WNEREOF, the parties hereto have made and
executed this Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY
comMISSIONERS, signing by and through its Chairman. authorised to
execute same by Board action on the _� day of
t0e_, and each CONTRACT COUMNITT. signing by and through
officers duly authorized to execute same.
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C O U N T Y
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
---------------------------
County Administrator and Ex-
Officlo Clerk of the Board of By
County Commissioners of
Broward County, Florida
Chairman
day of , 19
Approved as to form and legality by
Office of General Counsel
for Broward County, Florida
SUSAN F. DELEGAL. General Counsel
Covernmantal Center. Suite 423
115 South Andrews Avenue
Fort Lauderdale. Florida 33301
Telephone: (305) 337-7500
«y.
Assistant General Counsel
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No Text
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C O N T R A C T C O M M U N I T T
WITNESS: City of Tamarac
Name of Contract community
By �
Vice ua 4 _ ' Sydney M. Stein
25th day of March 10 F�7
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ATTEST: 9y
0City Manager - Buhl! P. Kelly
25th__ day of Marrh 19 A7
City Clerk
APPROVED AS TO FORM:
(CORPORATE SEAL)
Cl y fe ns
A 8 yan ne to
STATE OF FLORIDA )
) SS:
COWTY OF BROWARE )
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized
in the State aforesaid and inthe County aforesaid to take acknowledgments,
personally appeared Sydney At. Stein, Vice Mayor and John P. Kelly, City
Manager to me known to be the personsdescribed in and who executed the
foregoing instrument and they acknowledged before me that they executed
the same.
WITNESS my hand and official seal in the County and State last aforesaid,
this 25th day of March, A.D., 1987.
My COMMISSION EXTIRES:
NOTAaY PUBLIC
MART Pi-S IC STATE O: MAMA
NY caRnsaw. [:r c[r:a ;
RORa[0 TNR� Y[R[FAl INS.
UVOYY7.
EXHIBIT A
NAMES OF THE CONTRACT COMMUNITIES
-so-
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EXHIBIT B
NAMES TO WHOM NOTICES ARE TO HE DIRECTED
=7110
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Temp. Reso. #6411
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- Iq%
A RESOLUTION AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO EXECUTE AN INTERLOCAL
AGREEMENT WITH BROWARD COUNTY FOR
RECYCLABLE MATERIALS RECOVERY; AND PROVID-
ING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: That the appropriate City officials are
hereby authorized to execute an Interlocal Agreement with
Broward County for recyclable materials recovery, a copy of
said agreement being attached hereto as "Exhibit 1".
RRrTTON 2: This resolution shall become effective
immediately upon adoption.
i PASSED, ADOPTED AND APPROVED this I\t%ay 1992.
,4
I Hf L. BENDER
-^ MAYOR
ATTESTS
44ROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this Resolution as
0 orm.
1 S
MITCHELL S. KRAFT
CITY ATTORNEY
0
RECORD OF COUNCIL VOTE
MAYOR __ BFNDER t
DISTRICT 1 : w CiAd hk T 7 _ C!
DISTRICT 2•
DISTRiC.T 3: ^C11: S(> I EI13rri I
DISTRICT A: C1A ABR.AMO AZ
A N
I N T E R L 0 C A L A E N T
W I T H
B R 0 W A R D C 0 U N T Y
F O R
R E C Y C L A B L E M A T E R I A L S R E C O V E R Y
0
1�
Interlocal Agreement between the parties dated November
25, 1986.
2. Consistent with the Agreement between COUNTY and
Browning -Ferris Industries of Florida, Inc.. dated
October 1, 1992, COUNTY for the unincorporated area and
CITY shall direct delivery of all residential recyclable
materials, as defined in Exhibit 'B`, attached hereto and
made a part hereof, collected as a part of COUNTY or CITY
programs to the materials recovery facility.
3. COUNTY and CITY agree to cause the terms and conditions
of any agreement that it may have with a hauler of
residential recyclable materials to conform with the
terms of this Agreement within six (6) months of its
execution.
4. Net revenues generated from the sale of residential
recyclable materials will be paid by COUNTY to COUNTY and
each CITY on the basis of actual tonnage and composition
of materials delivered to the materials recovery facility
by the respective party.
5. This Agreement shall be effective for COUNTY and CITY
from the date of execution for a period ending eight (8)
years from the substantial completion date of materials
recovery facility under the materials recovery facility
contract with Browning -Ferris Industries of Florida,
Inc., dated October 1, 1992.
S. The following sections from the Interlocal Agreement
between the parties dated November 25, 1986, are hereby
Incorporated by reference: Section 4.7, Plan of
Operations; Section 4.8, Access to Resource Recovery
Facilities; Section 4.9, Weight Records; Section 4.10,
Weighing Scales Not Operational - Estimates; Section
4.11, Title to and Interest in Products; Section 4.12,
Manner of Delivery; and Section 12.4, Notices.
IN WITNESS WMEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature:
BRGWARD COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing
by and through its Chairman, authorized to executi same by Board
action on the day of , 199,8 and each CITY,
signing by and through officers duly authorized to execute same.
2
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EXHIBIT 'A'
Chairman, Board of County Commissioners
Broward County, Florida
115 South Andrews AVenue, Room 421
Fort Lauderdale, Florida 33301
i t of -Municipalities Executinci Agreement
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EXHIBIT •B"
Residential Recyclable Materials
o Newspaper
d Corrugated Cardboard
o Glass (Clear, Amber and Green)
d Aluminum Cans
o Tin Cans
o Plastic Coated and Aseptic Containers
0 Plastics (Numbers 1, 2 and 3)
4
E
C O U N T Y
ATTEST:
County Administrator and
Ex officio Clerk of the Board
of County Commissioners of
Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By Chairman
day of , 19_,,,
Approved as to form and
legality by Office of the
County Attorney for Broward
County, Florida, NOEL PFEFFER
—Deputy County Attorne
Governmental Center, Suite 423
115 South Andrews Avenue, Fort
Lauderdale, Florida 33301
Telephone No. (305) 357-7600
Deputy County Attorney
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C O N T R A C T C O M M U N I T Y
WITNESS
OU,O,, p-&d
Name of Contract Community
By
yor -
Pt*' day of 19�a1�
ATTEST: B
JO14OW PAII-21,
City Manager
City Clerk �Z�day of L
_.
t
vE AS To FORM:
City Attorney
tw*c�'cu S . Kra
AGREEMENT
between
BROWARD COUNTY
I �T:TiITrI►II►� .
and
for
MATERIALS RECOVERY FACILITY
•
09/25/92 DRAFT
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Li CQXINTY - Broward County, a body corporate and politic and a political subdivision
of the State of Florida.
12 Facility - means the MRF to be constructed by BFI in accordance with the BFI
Proposal and the terms of this Agreement.
13 jjgardous Waste - means those wastes defined as hazardous waste in Chapter'17-730,
Florida Administration Code.
1.4 jplerlocal Agreement - means the agreement to be negotiated and entered into
between the COUNTY and Participating Municipalities governing the delivery of
Program Recyclables to the MRF.
LS Landfill- means a landfill in the County designated by the Broward County Office of
Integrated Waste Management for disposal of noncombustible Rejects or Residues.
1.6 Materials_ Recovery Facility, (MRF) - a facility that receives and processes mixed
Recyclable Materials and stores Recovered Materials prior to shipment to market.
1.7 Minimum Tonnage Commitmel3t {MTCA•- means the minimum quantity of Program
Recyclables established for each Program Year and as incorporated in the calculation
of the Net Service Fee.
1.8 - means the calculation and flow of funds as defined in Article S
1.9 - means that date when BFI first begins accepting Program
Recyclables in quantities specified in BF4 proposed project schedule up to a pro
rats share of the first year Minimum Tonnage Commitment for startup and
Performance Testing. This date shall not precede the Substantial Completion date
by more than 60 days. The operating terms and fees of the Agreement -will not take
effect until the MRF has passed Performance Testing and been certified Substantially
Complete.
L10 Participating Municipalities - means those municipalities and other governmental
agencies within the COUNTY that have signed the Interlocal Agreement with the
COUNTY governing the delivery of Program Recyclables to the MRF.
1.11 performance Test: Performance Testing - means the testing of the performance
capabilities of the MRF as described in Article 17 of this Agreement.
1.12 PrograMYea; - means 12 consecutive months commencing on the Commencement
Date (as defined in Section 121)and repeated each operation year thereafter for the
purpose of measuring compliance with the Minimum Tonnage Commitment.
b�errndaar -2-
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Program ReS�!glables - means newspapers; corrugated cardboard; glass containers
(clear, brown, green); aluminum, steel and bi-metal containers; plastic containers
(Types 1, 2, and 3); polycoated gable top containers and aseptic packages; incidental
kraft paper and film plastic bags used to contain Program Recclables; and other
Recyclables which shall from time to time be designated, if mutually agreed to by the
parties, (as evidenced by a change order) for separation, collection and/or processing
as part of the program when additional Reryclables and viable markets are identified.
For purposes of this Agreement, Program Recclables are limited to those
Recyclables described above which (i) are collected from Residential Units located
in the County by the County or as a result of the Interlocal Agreements entered into
between the County and Participating Municipalities, (ii) are, subject to the
limitations set forth in Section 5.1, collected from Residential Units outside the
County and delivered to the Facility as a result of an agreement between the County
and a governmental entity outside the County, or (iii) are delivered as a result of an
agreement between the County and any other governmental entity located in the
County, provided that the Program Reryclables are actually generated by the
governmental entity and the collection of the Program Reryclables is performed by
the County or the governmental entity.
1.14 gecotred hdateTials - means Program- Reryclables which have been collect
separated and/or processed into marketable form in accordance with t
requirements of the buyers of such materials.
1.15 - means those materials which are capable of being
recycled and which would otherwise be disposed of as solid waste.
1.16 Recvcline - means airy process by which solid waste or materials which would
otherwise become solid waste are collected, separated or processed and revised or
returned to use in the form of Recovered Materials.
1.17 RAJected 12eliveries - means deliveries of Program Reryclables which have been
rejected in accordance with the Acceptance Standards as described in Article 6.
1.18 $its. - means materials other than Residue, such as Hazardous Wastes, that fail to
meet BFI's proposed Qualitative Acceptance Criteria when inspected in accordance
with BFI's proposed inspection protocol.
1.19 Residential Unit - means one single family dwelling or one living unit of a
multi -family dwelling without any limit as to the number of units.
1.20 Resit - means that portion of the Program Reryclables accepted by BFI which is
not converted to Recovered Materials due to spoilage, breakage, contamination
and/or transportation or processing inefficiencies, other than Rejects removed during
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the processing of Program Reryclables in order to meet Recovered Material
specifications.
1.21 - means that date when all processing facilities and
appurtenances at the MRF shall be completed and ready to be put to use performing
their intended purpose and have passed Performance Testing. The first day of the
month following this date shall constitute the commencement date for the -tight -year
operating term of the Agreement (the "Commencement Date").
1.22 TDn - means a unit of weight equal to 2,000 pounds.
1?3 - means containers made of polyethylene terephthalate
(PET) such as two liter soda bottles.
1.24 - means containers made of high density polyethylene
(HDPE) such as milk, juice, water jugs and detergent bottles.
125 - means containers made of vinyl (PVC, V) such as some
shampoo bottles and crystal clear food containers.
1.26 _WAste to Enem means the Waste to Energy Facilfty in the County
designated by the Broward County Office of Integrated Waste Management for
disposal of combustible Rejects or Residues.
2.1 Effective Date. Except as otherwise provided for herein, the obligations of the parties
shall take effect on the date of execution hereof.
22 Conditions Precedent. The obligations of the COUNTY and BFI hereunder are
subject to and conditioned on the following conditions precedent:
2.21 The terms and conditions of this Agreement are approved by the"Broward
County Resource Recovery Board.
222 County has within sixty (60) days of the Effective Date entered into a
sufficient number of Interlocal Agreements with cities located in the
County committing to the MRF a sufficient volume of Program
Reryclables in order to meet the MTC for the first year of operation.
County will immediately notify BFI if, within such sixty (60) day period,
County has entered into a sufficient number of Interlocal Agreements. In
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such event as the County has failed to timely satisfy the conditions
precedent set forth in this Section 222, the time period may be extended
as mutually agreed to by the parties.
3.1 This Agreement shall become effective immediately upon execution by the parties and
shall continue in full force and effect for a period of eight (8) years from the
Commencement Date unless this Agreement is sooner terminated as provided for
herein. Upon mutual agreement of the parties, this Agreement may be reneged for
additional terms not to exceed eight (8) years each upon such terms and conditions
as may be agreed to by the parties.
6HnCLE 4
V
4.1 BFI shall be solely responsible for the financing, siting, design, permitting,
construction, operation and maintenance of the Materials Recovery Facility in
accordance with Sections III through X of the BFI Proposal ("Specifications") at the
site and location identified in the BFI Proposal.
4.2 BFI will design, construct and equip the MRF so that the MRF will comply with all
applicable local, state and federal laws, regulations and similar requirements,
including all applicable requirements concerning noise, odors, effluent and emissions
applicable to the MRF.
43 Subject to the provisions hereof, BFI shall have full responsibility for all aspects of
the design of the MRF, and will design the MRF in accordance with the
Specifications and generally accepted engineering and professional principles,
standards and practices and professional codes so that, assuming good industry
practices, the MRF may reasonably be expected to be operated for at least the term
of this Agreement.
4.4 BFI may not alter or otherwise make any changes in the Specifications unless:
(f) reasonably necessary to respond to a change in law or (ii) it is determined that
such change will improve the efficiency, performance or durability of the MRF.
43 Prior to Substantial Completion, the COUNTY shall have access to the MRF and the
MRF site at all reasonable times on reasonable prior notice to BFI, to inspect the
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MRF and for verification that the construction is in accordance in all material
respects with the Specifications.
V
5.1 The COUNTY shall deliver Program Reryclables in quantities no less than the
Minimum Tonnage Commitment (MTC) for each Program Year for the term of this
Agreement. The MTC shall be 46,800 tons per year commencing with the first
Program Year through and including the eighth Program Year. COUNTY shall
receive credit toward the MTC for all Program Reryclables delivered to BFI from any
Residential Unit wherever located as a result of any agreements entered into between
the COUNTY and Participating Municipalities or other governmental entity. The
COUNTY may direct Program Reryclables in excess of the MTC to BFI pursuant to
an agreement entered into between COUNTY and any other governmental entity
located outside of Broward County upon first obtaining the written consent of BFI,
which consent shall not be unreasonably withheld. For any Program Year during
which the County fails to deliver to BFI-the MTC, other than any failure resulting
from a negligent or willful act or omission by the County, County shall receive credit
toward the MTC. up to the amount of any shortfall, for all Program Recclables
delivered to BFI from arty Residential Unit located in the County by any parry. In
any year in which the COUNTY shall fail or refuse to deliver to BFI the MTC, the
COUNTY shall nevertheless be obligated to pay to BFI the Net Service Fee (as
defined in Section 5.2).
52 The COUNTY shall be responsible for making or receiving all payments and fees to
or from BFI in accordance with the terms of this Agreement. The COUNTY's sole
obligation for payment of fees pursuant to this Agreement shall be limited to the Net
Service Fee (NSF) as defined in this section.
The NSF shall be calculated using the following values:
a) Annual Fixed Processing Fee (AFPF) is defined to mean the fee paid by the
COUNTY to BFI on a monthly pro rata basis for processing Program Reryclables
in quantities up to and including the MTC. The AFPF shall be as follows for the
term of this Agreement:
Program Year 1 ............... $960,000
Program Year 2 ............... $960,000
plus CPI Adjustment for prior Program Year
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Program Year 3 .................. S 1,057,000
plus CPI Adjustment for prior two Program Years
Program Year 4 through Program Year 8 .. Prior year AFPF
plus CPI Adjustment for prior Program Year
The AFPF otherwise payable by the COUNTY to BFI shall be automatically
increased by seventy percent (70%) of the cumulative change in the Consumer
Price Index (CPI-U, all items index for Miami, Florida as published by the U.S.
Department of Labor) for the immediately preceding 12-month period beginning
one year from the Commencement Date and each year thereafter during the term
of this Agreement ("CPI Adjustment").
b) Variable Processing Fee (VPF) is defined to mean the fee paid by the COUNTY
to BFI on a monthly basis for processing Program Recyclables in excess of the
MTC. The VPF shall be $3.40 per ton through the end of the first Program Year
under this Agreement. For each Program Year thereafter, the VPF for such
Program Year shall be the VPF for the immediately preceding Program Year
automatically increased by seventy percent (70%) of the cumulative change i
Consumer Price Index (CPI-U, all items index for Miami, Florida as publish
the U.S. Department of Labor) for the immediately preceding 12-month peri
c) Revenue Share (RS) is defined to mean the COUNTYt share of cumulative net
revenues from the sale of Recovered Materials, based on Program Recyclables
delivered to BFI pursuant to this Agreement. This amount is calculated monthly
based on actual sales (including transactions in which BFI may be required to pay
the buyers of Recovered Materials) net of freight and other approved delivery
costs. The COUNTY's Revenue Share percentage for Program Recyclables
delivered to BFI from any Residential Unit wherever located and for which the
County receives credit pursuant to Section 5.1, up to the MTC, shall be eighty (80)
percent for the term of this Agreement. The Counryt Revenue Share percentage
for Program Recyclables in excess of the MTC delivered to BFI under this
Agreement pursuant to any agreement entered into between County and any other
entity shall be fifty (50) percent for the term of this Agreement.
53 Prior to the Commencement Date, the COUNTY shall pay BFI in accordance with
this Agreement only for those tons of Program Recyclables delivered at the request
of BFI not to exceed a pro rats share of the MTC. Payments made by the COUNTY
during such period shall be made based upon the rate of the VPF. BE shall retain
all revenues from the sale of Recovered Materials processed prior to the
Commencement Date.
5.4 Upon the Commencement Date, BFI shall prepare, certify and submit to the
COUNTY for approval a monthly invoice containing all required information for the
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NSF. If the NSF is positive, the COUNTY shall promptly pay to BFI the amount due
within 30 days of receipt of an invoice. If the NSF is negative, BFI shall promptly pay
to the COUNTY the amount due within thirty (30) days of the end of the month. At
the end of each quarter of a Program Year, BFI shall reconcile differences between
the pro rata share of the MTC and actual tons delivered to ensure that VPF is only
paid for tonnages in excess of the pro rata MTC for the given Program Year.
5.5 The NSF for each month beginning on the Commencement Date shall be calculated
as follows:
A F 4F . VPF) -R
6.1 Beginning with the Commencement Date,'BFI shall during operating hours accept all
deliveries of Program Recyclables by the COUNTY. Deliveries of Program
Reryclables may only be rejected in the following events:
6.L0 The materials are not sorted in accordance with the established sorting
protocol.
6.L1 The materials fail to meet the Qualitative Acceptance Standards proposed
by BFI on Form 5 of the BFI Proposal ("Acceptance Standards").
6.1.2 The delivery of Program Reryclables exceeds 200 percent of the daily
pro rata share of the MTC for the given Program Year.
6.2 BFI may accept Recyclable Materials at the MRF from other sources provided the
acceptance or processing of such Recyclable Materials shall not preclude or interfere
with the daily delivery or processing of Program Reryclables from COUNTY. BFI
agrees that in no event may it enter into any contract or other arrangement. either
directly or indirectly by way of any third party, with any entity wherever located for
a lower processing fee or greater Revenue Share for Program Reryclables than is
provided for in this Agreement unless such more favorable terms are also extended
to the COUNTY. For purposes of the preceding sentence, the minimum threshold
processing fee shall equal the product of the then applicable AFPF divided by the
then applicable MTC.
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63 BFI shall inspect each delivery of Program Reryclables prior to and upon their
discharge from the MRF. BFI shall have the right to reject deliveries of materials
which fail to meet the Acceptance Standards. The expense of remrn-al of
nonconforming loads or the expense in bringing delivered materials into conformance
with the Acceptance Standards will be borne solely by the deliverer if rejection of the
load is documented in accordance with the approved inspection protocol.
6.4 BFI shall remove from the waste stream and shall be responsible for disposal in
accordance with all applicable law items which have not been rejected and contain
residues of Hazardous Wastes which could be released into the environment during
processing. These items include, but are not limited to, containers or other items
which may contain residues of the following: paints, pesticides, solvent based flui,ls
(thinners, glue, cleaning solvents, etc.) fuels, brake fluid, transmission fluid, and
aerosol cans.
6.5 BFI shall be solely responsible for processing all Program Reryclables in accordance
with this Agreement, the Specifications and the requirements of the secondary
materials buyers. Residue which is culled from material and accepted by BFI or
which is the result of processing activify shall not exceed the proposed Resid
Allowance set forth in the BFI Proposal Form 2 ("Residue Allowance"). The quanti
of marketable material which results from processing operations should equal the
quantity of accepted materials less the Residue Allowance and Rejects removed.
Residue and Rejects, except Hazardous Waste, will be accepted for disposal by the
COUNTY at the Landfill or Waste to Energy Facility as the COUNTY directs at no
tipping fee to BFI, provided that:
65.1 BFI shall bear the cost of transporting the Residue and Rejects, and
65.2 BFI shall pay the current tip fee at the Waste to Energy Facility and
Landfill for disposal of Residue in excess of the Residue Allowance, and
Rejects, except Hazardous Waste.
County will use its best efforts to designate a Waste to Energy Facility or Landfill
most convenient to the MRF as may be requested by BFI from time to time.
6.6 BFI shall be solely responsible for marketing all Program Reryclables received and
processed at the MRF. BFI shall bear all costs associated with marketing including,
without limitation, providing or arranging for transportation of materials to end
markets. All Recovered Materials shall be sold within a reasonable period of time
after delivery except where special or seasonal conditions would require accumulation
of materials. BFI shall maintain complete and accurate records of all sales and
transportation accounts and transactions. The records shall be subject to inspection
at all times during normal hours of operation by COUNTY. BFI shall use its best
efforts to research and investigate new markets for Recovered Materials. BFI shall
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prepare and furnish to the COUNTY a written report on a quarterly basis describing
how it has complied with the obligations of this section. BFI shall maintain a record
of each delivery of Recovered Materials which is rejected as a result of its failure to
meet general market or specific contract specifications, and shall notify the COUNTY
of the rejection and immediately take all reasonable steps to determine the cause of
the rejection and correct same. BFI shall bear the cost of disposing of Hazardous
Wastes which have not been rejected and any unmarketable materials other-thmi
items determined to be within the Residue Allowance.
6.7 BFI shall create, maintain and make available to COUNTY all records required by
law and all records necessary to:
6.7.1 Document Rejected Deliveries by time, date, place, type, weights and
source.
6.7.2 Document Residue, Rejects, and Hazardous Waste weights disposed.
6.73 Document Recovered Material sales and sales revenue, inventories, and
account receivables; and create an audit trail from materials deliveries
through sales which enables billing verification and pro rata distribution
of fees and revenues.
6.7.4 Document Recovered Materials' quality and marketability.
6.7.5 Verify contract compliance.
6.7.6 Document waste tonnages diverted from disposal facilities.
6.8 All scale information and data shall be maintained on a system compatible with the
COUNTY's system currently used at the Waste to Energy Facility and Landfill. The
COUNTY shall be supplied with a digital tape formatted to be compatible with the
COUNTY's system containing all transactions covered by this Agreement by
Wednesday following the week the transaction took place. BFI shall submit to the
COUNTY a monthly report of all materials flowing through and stored in the MRF
to verify monthly computation of the Net Service Fee. All unprocessed material
storage and processing shall be under roof. To the extent practical, processed or
recovered materials storage shall also be under roof.
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7.1 BFI shall prepare a special financial report signed by an officer of the company which
shall disclose information on the calculation of all payments and fees between BFI
and COUNTY in accordance with Article 5.2 and whether or not any funds are -due
to the COUNTY.
The financial records shall be kept in accordance with generally accepted accounting
principles.
The reports shall be submitted to COUNTY within sixty (60) days at the end of the
Program Year.
7.2 The COUNTY or any of its duly authorized representatives shall have access during
normal hours of operation and upon reasonable prior notice to such books, records,
data, documents, and reports reasonably necessary to determine compliance by BFI
with the terms of this Agreement throughout the term of this Agreement and for
period of five years thereafter or as required by the Public Records Law, whichev
is longer.
73 Attached hereto as Exhibit A is the format and sample contents of the records to be
maintained and the reports to be generated by BFI in fulfillment of the requirements
of this Agreement.
8.1 BFI shall at no cost to the COUNTY: (i) make the Facility available upon reasonable
notice for viewing by COUNTY, state and other governmental officials and members
of the public as a part of a COUNTY authorized public information/public relations
program; and (ii) respond in a timely fashion to the COUNTY's reasonable requests
for information for use in such programs.
9.1 BFI agrees that it will not discriminate against any employee or applicant for
employment for work under this Agreement because of handicap, race, color, religion,
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sex, age or national origin and will take affirmative steps to ensure that applicants are
employed and employees are treated during employment without regard to race,
color, religion, sex, age or national origin. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeships. BFI agrees to furnish COUNTY with
a copy of its Affirmative Action Policy.
ARTICLE 10
SMALL DISADVANTAGED BUSINESS ENTERPRISE
10.1 The Board of County Commissioners has enacted an ordinance establishing
SDBEAAP and including goals in all COUNTY procurement activity of $150,000 or
more and in other selected COUNTY procurement activity. Goals for small
disadvantaged business enterprise participation in the design and construction of the
facilities proposed under this Solicitation, are established at 15 percent for minority
business enterprises and 5 percent for women business enterprises. Each participating
minority and women -owned firms must be certified by the Office of Small/Minority
Business Affairs.
10.1.1 COUNTY and BFI agree, however, that subcontract and vendor awards
to Small Disadvantaged Business Enterprises and Minority - Majority Joint
Ventures are crucial to the achievement of COUNTY's SDBE
participation objectives. In an effort to assist COUNTY in achieving its
objectives for SDBE, BFI agrees to take affirmative action.
10.1.2 For the operations phase of this project, BFI shall be required to submit
a Small Disadvantaged Business Enterprise Affirmative Action Plan to
include specific plans to utilize SDBE firms as subcontractors,
vendors/suppliers, providers of professional services.
10.13 BFI understands that it is the responsibility of the Office of Integrated
Waste Management and the Office of Small/Minority Business Affairs to
monitor compliance with the SDBEAAP. In that regard, BFI agrees to
furnish quarterly reports to both patties on the progress of SDBE
participation commencing with the end of the first quarter of this
Agreement.
niwmei.sr -12-
AFMCLE 11
SAFETY
1L1 BFI will take precautions necessary and will bear sole responsibility for the safety and
adequacy of the methods and means employed in performing work. BFl will at all
times in the performance of the work comply with and provide the safeguards
required by applicable federal, state, county, and local laws, rules and regulations
concerning the Occupational Safety and Health Act of 1970 ("OSHA) and all
applicable Florida labor laws, regulations, and standards. BFI will warrant that any
work performed on COUNTY property or in a location partially or entirely under
BFI's control will be performed in accordance with OSHA requirements.
11.2 BFI shall indemnify and hold the COUNTY harmless from and against liabilities,
suits, damages, costs and expenses (including attorneys' fees) which may be imposed
on, incurred by, or asserted against the COUNTY because of BFI's or subcontractor's
failure to comply with OSHA or State labor laws.
12.1 BFI shall indemnify and save harmless the COUNTY, its officers, agents, and
employees from or on account of any physical injuries or damages, received or
sustained by any person or person during or on account of arty operations connected
with the Agreement and arising out of a willful or negligent act or omission of BFI,
its subcontractors, agents, servants or employees; provided, however, that BFI shall
not be liable for any of the foregoing to the extent arising out of a willful or negligent
act or omission of the COUNTY, a Participating Municipality or any of their
respective subcontractors, agents, servants or employees. BFI agrees to indemnify and
save harmless the COUNTY, its agents or employees, against claims, or liability
arising from or based upon the violation of any federal, state, county, city laws,
bylaws, ordinances, or regulations by BFI. its agents, associates, or employees. BFI
further agrees to indemnify and save harmless the COUNTY from all such claims and
fem and from any and all suits and actions of every name and description that may
be brought against COUNTY on account of any claims, fees, royalties, or costs for
arty invention or patent, and from any and all suits and actions that may be brought
against COUNTY for the infringement of arty and all patents or patent rights claimed
by any person, firm, or corporation and arising out of BFI's construction and
operation of the MRF
12.11 The indemnification provided above shall obligate BFI to defend at its
own expense or to provide for such defense, at the COUNTY's option, any
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and all claims of liability and all suits and actions of every name and
description that may be brought against the COUNTY to the extent
contemplated by Section 12.1 which may result from the operations and
activities under this Agreement whether the operations be performed by
BFI, its subcontractor, or by anyone directly or indirectly employed by
either.
13.1 Without limiting any of the other obligations or liabilities of BFI, BFI shall provide,
pay for, and maintain in force until all of its work to be performed under the
Agreement has been completed and accepted by the COUNTY (or for such duration
as is otherwise specified herein), the insurance coverages set forth in this section.
132 Workers' Compensation Insurance to apply for all employees in compliance with the
"Workers Compensation Law" of the State of Florida and all applicable Federal laws.
In addition, the policy(s) must include: --'
Employers' liability with minimum limits of One Hundred Thousand
Dollars ($100,000.00) each accident.
Notice of Cancellation and/or Restriction -- The policy(s) must be
endorsed to provide Broward County with thirty (30) days notice
of cancellation and/or restriction.
If any operations are to be undertaken on or abut navigable
waters, coverage must be included for the U.S. Longshoremen and
Harbor Workers Act and Jones Act.
133 Comprehensive General liability with minimum limits of Two Million Dollars
($2,000,000) per occurrence combined single limit for Bodily Injury liability and
Property Damage liability. Coverage must be afforded on a form no more restrictive
than the latest edition of the Comprehensive General liability policy, without
restrictive endorsements, as filed by the Insurance Services Office and must include:
Premises and/or Operations.
Independent Contractors.
Products and/or Completed Operations.
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Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
Personal Injury Coverage with Employee and Contractual
Exclusions removed with minimum limits of coverage equal to
those required for Bodily Injury Liability and Property Damage
Liability.
COUNTY is to be included as an "Additional Insured" in the name
of "Broward County Board of Commissioners" with respect to
liability arising out of operations performed for COUNTY in
connection with general supervision of such operation.
Notice of Cancellation and/or Restriction —The policy(s) must be
endorsed to provide Broward County with thirty (30) days notice
of cancellation and/or restriction.
13.4 Business Automobile liability with minimum limits of Three Hundred Thousand
Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury LiabilityAft
and Property polity. without restrictive endorsements, as filed by the Insuranc
Services Office and must include:
Owned Vehicles.
Hired and Non -Owned Vehicles.
Employers Non -Ownership.
Notice of Cancellation and/or Restriction -- The policy(s) must be
endorsed to provide Broward County with thirty (30) days notice
of cancellation and/or restrictions.
13.5. Environmental Impairment Liability in the minimum amount of S1,000,000.00 per
occurrence.
13.6 BFI shall provide the Certificates of Insurance evidencing the insurance coverage
specified above. BFI should provide these Certificates within fifteen (15) days after
request by the Purchasing Agent. The required Certificates of Insurance shall not
only name the types of policies provided, but also shall refer specifically to this
Contract and section and the above paragraphs of the Contract. If the initial
insurance expires prior to the completion of the work, renewal Certificates of
Insurance shall be furnished thirty (30) days prior to the date of their expiration.
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14.1 BFI shall be required to furnish to the COUNTY a Performance and Payment Bond
at such time and in the form indicated on Form 7 of the RFP. BFI is required to
have a valid Performance and Payment Guaranty in force covering the -construction
and performance testing of facilities. The Bond must be in the amount of 100
percent of total amount of the construction contract guaranteeing the COUNTY the
satisfactory performance of the work covered in such contract as well as full payment
of all suppliers, materials, laborers or subcontractors employed in the prosecution of
the work
142 In lieu of the bond required by this section, BFI may furnish an alternate form of
security which shall be in the form of cash, money order, certified check, cashiers
check or irrevocable letter of credit of the form and containing all provisions of the
Irrevocable Letter of Credit (Proposal Form 7 of the RFP). Such alternate forms of
security shall be for the same purpose and shall be subject to the same conditions as
those applicable to the bond required by this section. A determination of the value
of such alternative forms of security shall-ft made by the COUNTY.
143 The Performance and Payment Bond must be in such form and executed by a surety
company meeting the requirements of the RFP.
15.1 This Agreement and any permits required for performance of the Agreement may not
be assigned, conveyed, or otherwise disposed of without the written permission of the
Board of County Commissioners and Broward County Resource Recovery Board. In
the event BFI elects to use any subcontractors, this does not relieve BFI from arty
prime responsibility of full and complete satisfactory and acceptable performance
under any awarded contract.
16.1 BFI shall pay all applicable sales, consumer, use and other similar taxes required by
law. BFI is responsible for reviewing the pertinent State Statutes involving the sales
tax and complying with all requirements.
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17.1 Aher Partial Utilization of the MRF(s), BFI shall conduct a Performance Test in
order to certify that the designed and installed system is capable of operating as
required by the RFR All labor, materials (except Program Recyclables), equipment,
and services required to perform the Performance Test shall be supplied by BFI. At
the end of the test, BFI shall submit a written report indicating all relevant items,
including quantities processed, material quality, labor used, percent rejects, equipment
function schedules, maintenance and other pertinent information.
The following outlines general procedures to be followed as part of Performance
Testing at the MRF:
17.L1 Performance Testing shall be based on the first year MTC.
17.L2 Performance Testing shall take place within 60 days of Partial Utilization
during a consecutive three-day1ftne period as agreed to by the COUNTY
and BFI contract administrators.
17.L3 Representatives of the COUNTY will be present during the Performance
Testing period and will observe and oversee recording of agreed upon
Performance Testing procedures. BFI shall arrange for the presence of
manufacturer representatives and any other support personnel necessary
to conduct and perform the required testing throughout the testing period.
17.1.4 During Performance Testing, BFI shall operate the MRF in accordance
with normal operating procedures and staffing (except that special staffing
required to perform tests and record measurements is acceptable). All
MRF operations shall be conducted during the Performance Testing
period including routine equipment operations and maintenance services,
and loading of Residue and normal quantities of Rejects.
17.L5 BFI is responsible for the completion of equipment installation, operations
staff training, and equipment system startup testing at the MRF before
Performance Testing takes place in accordance with this Performance
Testing procedure.
17.L6 All instrumentation, meters and recording devices necessary for the test
shall be calibrated prior to the tests. BFI shall furnish equipment, prior
to commencement of testing, and provide documentation confirming the
calibrations of such equipment. Equipment used to collect samples
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(e.g., containers such as drums, gaylords, etc.) should be tare weighted and
this tare weight must be clearly marked on each container.
17.1.7 The COUNTY shall provide Program Recyclables as required by BFI up
to a pro rata share of the MTC for the Performance Test. However, the
COUNTY may request that BFI assist in obtaining Program Reryclables
(without any requirement for BFI to purchase such ProgramRecyciables),
or in stockpiling such material (to the extent of available space at the
MRF) prior to the Performance Test.
17.1.8 Processing interruptions during Performance Testing shall not necessarily
invalidate Performance Testing or any individual test(s). Shutdown of all
or part of the MRF to make necessary repairs to equipment or to correct
normal operational problems will be permitted. Shutdown time, up to 15
hours per twelve (12) hour shift, shall be allowed during the Performance
Test.
17.1.9 Should the MRF fail all or a portion of the Performance Test
requirements. BFI shall, at its sole cost and expense, modify or rebuild
those portions of the MRF/equipment such that the Performance Test
may be rescheduled and satisfie&—'In this event, only the portion of the
MRF/equipment which failed the Performance Test may be retested if
agreed to by the COUNTY and BFI.
FENKI-1-M - u s •; a
18.1 The MRF proposed by BFI under the RFP shall be ready for Partial Utilization no
later than 170 calendar days after the date of issuance of building permits.
Substantial Completion of the MRF shall occur within 180 calendar days after the
date of issuance of building permits. BFI shall be required to obtain all necessary
building permits no later than 60 days after receipt of notice from the County under
Section 2.22 of this Agreement.
18.2 Damages for Delay - BFI and COUNTY recognize that the COUNTY will suffer
direct financial loss if work is not completed within the contract times specified above
plus any extensions thereof allowed in accordance with the contract conditions. They
also recognize the delays, expense and difficulties involved in proving in a legal or
arbitration proceeding the actual loss suffered by COUNTY if the work is not
completed on time, and therefore time is of the essence. Accordingly, instead of
requiring any such proof, BFI agrees to forfeit and pay COUNTY as full and
complete liquidated damages for delay (but not as a penalty) the amount of $1,000
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for each calendar day that expires after the time specified for Substantial Completion
until the work is ' completed. This amount represents a reasonable estimate of
COUNTY's expenses for extended delays and for loss of use, inspection, engineering
services and administrative costs associated with such delay. In addition to these
liquidated damage amounts there shall be other amounts for additional delay
damages incurred by COUNTY caused by avoidable delays by BFI. These actual
delay damages will include, but not be limited to, delay damage settlements or -awards
owed by COUNTY to others; delay penalties, fines or penalties imposed by regulatory
agencies; contract damages, and professional fees incurred in connection with such
settlements, awards, penalties, fines or penalties, contract damages and loss of use.
ARTICLE 19
FREVATLING WAQE RATES
19.1 Prevailing wage rates shall apply to this Agreement in accordance with Chapter 26.5
of the Broward County Code.
ARTICLE 20—
EQRCE MAJEURE
20.1 Except for any payment obligation by either party (including the COUNTY's
obligation to pay the NSF), if the COUNTY or BFI is unable .to perform, .or as
delayed in its performance of, any of its obligations under this Agreement by reason
of any event of force majeure, such inability or delay shall be excused at any time
during which compliance therewith is prevented by such event and during such period
thereafter as may be reasonably necessary for the COUNTY or BFI to correct the
adverse effect of such event of force majeure.
20.2 An event of "Force Majeure" shall mean the following events or circumstances to the
extent that they delay the COUNTY or BFI from performing any of its obligations
(other than payment obligations) under this Agreement:
202.1 Strikes and work stoppages other than those occurring at the MRF, and
other than those caused by a negligent or willful act or omission of BFI or
its agents or assigns;
2022 Acts of God, tornadoes, hurricanes, floods, sinkholes, fires, and explosions
(except those caused by negligence of BFI, its agents, and assigns),
landslides, earthquakes, epidemics, quarantine, pestilence, and extremely
abnormal and excessively inclement weather; and
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2023 Acts of a public enemy, acts of war, terrorism, effects of nuclear radiation,
blockades, insurrections, riots, civil disturbances, or national or
international calamities.
203 In order to be entitled to the benefit of this section, a party claiming an event of force
majeure shall be required to give prompt written notice to the other party specifying
in detail the event of force majeure and shall further be required to -use its test
efforts to cure the event of force majeure. The parties agree that, as to this secdon,
time is of the essence.
21.1 In the event there should occur any material breach or material default in the
performance of any covenant or obligation of COUNTY or BFI which has not been
remedied within thirty (30) days after receipt of written notice from the non -breaching
parry specifying such breach or default (or such longer period of time as is reasonably
necessary to cure any such breach or default which is not capable of being cured
within thirty (30) days provided the breaching party has undertaken to cure within
such thirty (30) days and proceeds diligently thereafter to cure in an expeditious
manner), the non -breaching party may, if such breach or default is continuing,
terminate this Agreement upon written notice to the other party. In the event of a
breach, event of default, or termination of this Agreement, each parry shall have
available all remedies in equity or at law.
21.2 The following events shall, without limitation, constitute a material breach or material
default by BFI for purposes of Section 21.1:
2L2.1 If BFI shall have abandoned (as hereinafter defined) the operation or
construction of the MRF for a period of thirty (30) days unless caused by
an event of force majeure. As used herein, the term Abandon" shall refer
to a voluntary cessation of construction or operation and a withdrawal of
all construction, operating, and maintenance personnel.
2L72 If BFI shall be generally not paying its debts when they become due; shall
have filed, or consented by answer or otherwise to the filing against it of,
a petition for relief or reorganization and bankruptcy or insolvency law of
any jurisdiction: shall make an assignment for the benefit of its creditors
in lieu of taking advantage of any such bankruptcy or insolvency law; shall
consent to the appointment of a custodian, receiver, trustee or other
officer with similar powers with respect of any substantial pan of its
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property; shall be adjudicated insolvent; or shall take corporate action for
the purpose of any of the foregoing.
2123 If BFI fails to pass the Performance Test within 90 days after the date
specified for Substantial Completion of the MRF. Such obligation of BFI
is conditioned upon the COUNTY delivering adequate Program
Recyclables.
This Agreement and the rights and obligations contained herein shall inure to the
benefit of and be binding upon the parties hereto and their respective successors and
assigns.
222 EXECUTION DATE
The date of the execution of this Agreement shall mean the last day upon which it
becomes fully executed by BFI and COUNTY. 0
223 SURVIVAL
Any rights either parry may have in the event it terminates this Agreement pursuant
to the terms hereof shall survive such termination.
W�fel1.11 Wj 32141AN M •
The preparation of this Agreement has been a joint effort of the parties, and the
resulting document shall not. solely as a matter of judicial construction, be construed
more severely against one of the parties than the other.
Nothing contained in this Agreement shall constitute or be construed to be or create
a partnership, joint venture or any other relationship between BFI and COUNTY.
all'.4 Now
BFI and COUNTY agree to execute, acknowledge and deliver and cause to be done,
executed, acknowledged and delivered all such further documents and perform such
acts as shall reasonably be requested of it in order to carry out this Agreement and
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give effect hereto. Accordingly, without in arty manner limiting the specific rights and
obligations set forth in this Agreement, the parties declare their intention to
cooperate with each other in effecting the terms of this Agreement.
For purposes herein, the parties agree that time shall be of the essence-rof-this
Agreement and the representations and warranties made are all material and of the
essence of this Agreement.
Captions and paragraph headings contained in this Agreement are for convenience
and reference only and in no way define, describe, extend or limit the scope or intent
of this Agreement, nor the intent of any provision hereof.
22.9 j jO WAIVER
No waiver of airy provision in this Agreement shall be effective unless it is in writing,
signed by the party against whom it is asserted, and any such written waiver shall only
be applicable to the specific instance to whi'M it relates and shall not be deemed to
be a continuing or future waiver.
22.10 Q2=RPARTS
This Agreement may be executed in one or more counterparts, each of which shall
be deemed to be an original but all of which shall constitute one and the same
Agreement.
22..11 GENDER
AU terms and words used in this Agreement, regardless of the number and gender in
which used, shall be deemed to include any other gender or number as the context
or the use thereof may require.
2232
This Agreement constitutes the entire understanding and agreement between the
parties and may not be changed, altered or modified except by an instrument in
writing signed by all parties against whom enforcement of such change would be
sought. In the event any term or provision of this Agreement shall be determined by
appropriate judicial authority to be illegal or otherwise invalid, such provision shall
be given its nearest legal meaning or be construed or deleted as such authority
bfum taar 122-
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determines, and the remainder of this Agreement shall be construed to be in full
force and effect. '
w
All Exhibits attached hereto contain additional terms of this Agreement. Typewritten
provisions inserted in this form or attached hereto shall control all printed provisions
in conflict therewith.
22.14 GOVERNING LAW
This Agreement shall be construed -and interpreted according to the laws of the State
of Florida and venue with respect to any litigation shall be Broward County, Florida.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: BROWARD COUNTY through its BOARD OF
COUNTY COMMISSIONERS, signing by and through iSs Chairman or Vice Chairman,
authorized to execute same by Board action on the �t� day of
199Z and BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., signing by and through
its Vice President . duly authorized to execute same.
COUNTY
AATrE: BROWARD UNTY, through its BOARD
OF COU TY C MI SIONERS
syator and Ch rman
Fat-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida day of 11992
7. %,
�� Cj0ir1117�Jnnk.
Approved as to form by Office of County
It �y .�••......•V / -,
Attorney Broward County, Florida
'•.��vn�
JOHN J. COPELAN, JR., County Attorney
Governmental Center. Suite 423
C.. =- .31 � `
115 South Andrews Avenue
:
Fort Lauderdale, Florida 33301
'•'�'S. r '
Telephone: (305) 357-7600
!? r.M T ;�
Telecop'en (305) 357-7641
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By
NOEL M. P EFFER
Deputy County Attorney
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AGREEMENT BETWEEN BROWARD COUNTY AND BROWNING-FERRIS
INDUSTRIES OF FLORIDA, INC. FOR MATERIALS RECOVERY FACILITY
m
ATTEST: BROWNING-FERRIS INDUSTRIES OF
FLORIDA, INC.
By
Asfant Secretary Pce President
[CORPORATE SEAL] *A1 C
091 day of 7,�,;elt— , 1992
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Temp. Reso. # L�%
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93-,?E'>
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A
REVISED FIRST AMENDMENT/INTERLOCAL AGREEMENT
WITH BROWARD COUNTY FOR SOLID WASTE DISPOSAL
SERVICE; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac to authorize the appropriate city officials
to execute a revised First Amendment/Inter local Agreement with
Broward County for Solid Waste Disposal.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTTON 1: That the foregoing *WHEREAS* clause is hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution as attached hereto.
ECTIQU 2-- That the appropriate City Officials are hereby
authorized to execute said First Amendment/Interlocal Agreement
with Broward County for Solid Waste Disposal Service.
SECmION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTTON 9: If any clause, section, other part or
application of this Resolution is held by any court of competent
jurisdiction to be unconstitutional or invalid, in part o
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
SECTION 5r This Resolution shall become effective
2
2
3
4
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Temp. Reso. # �'`�
71
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED thisc2F day of v - P"� , 1993'
ATTEST:
CAROL A. EVANS
CITY CLERK
MAYOR _
DIST 1:
I HEREBY CERTIFY that I DIST.2:_
have approved this Dian, 3..
RES0IbUTION as to form. DIST. a:_
`MITCHELL 'S. ARAkT
CITY ATTQKNEY
3SP ANFT7oWW/Itr=j4CAL AMEDWMIrkt)
H BENDER
MAYOR
RECORD OF COUNCIL.VOTE
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F I R S T A M E N D M E 1: T
I N T E R L O C A L A G R E E 14 E N T
W I T H
B R O W A R D C O U N T Y
F O R
S O L I D W A S T E D I S P O S A L S E R I C E
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4,93--59
This First Amendment dated for convenience October 1, 1992, to
the Interlocal Agreement with Broward County for Solid Waste
Disposal Services, dated for convenience November 25, 1986, by and
between BROWARD COUNTY, a political subdivision of the State of
Florida, by and through its Board of County Commissioners,
("COUNTY") and the Municipalities whose names appear in Exhibit "A"
of the Interlocal Agreement ("CONTRACT COMMUNITIES").
W I T N E S S E T H
WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its Resource Recovery
Board provide for a Materials Recovery Facility through the use of
available funds including a surcharge on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid Waste Management Act (1988) directs
Counties to reduce their solid waste stream and recycle designated
materials; and w. •
WHEREAS, the COUNTY has secured from Browning Ferris
Industries, of Florida, Inc., (BFI) a comprehensive proposal to
construct, operate, and maintain a Materials Recovery Facility
(MRF) for the COUNTY and CONTRACT COMMUNITIES for a term of eight
(8) years.
NOW, THEREFORE, the parties do agree to amend the Interlocal
Agreement as follows:
1. Except as may be provided in this First A endment, all
defined terms used herein shall have the same meaning as
in the Interlocal Agreement.
2. Article 2, Definitions, shall be amended by the addition
of new Sections 2.26, Materials Recovery Facility
Contract and 2.27 Materials Recovery Facility, reading as
follows:
2.26. Materials Recovery Facility Co -tract. The
term "Materials Recovery Facil:ty Contract"
shall mean the contracts entered into between
COUNTY and Browning -Ferris Industries, Inc.,
dated for convenience September 1992, for
the purpose of designing, :instructing,
testing, operating, maintaining, and repairing
a materials recovery facility cr any other
full service contractor for the purpose of
designing constructing, testing, operating,
maintaining, and repairing _ materials
recovery facility as a part of -he resource
recovery system.
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2.27. Materials Recovery Facility. The term
"Materials Recovery Facility" shall mean the
facility or facilities constructed, operated,
maintained and repaired or caused to be
Constructed, operated, maintained, and
repaired by COUNTY pursuant to this Agreement
for the purposes of receiving, processing,
transferring, and shipping materials from
solid waste segregation programs intended for
reuse or recycling. Materials Recovery
Facilities shall be deemed to be a part of the
resource recovery system for the term of the
Materials Recovery Facility Contract.
�. Article 6, Tipping Fees and Service Charges, shall be
amended by the addition of new Sections 6.6 and 6.7
Processible Waste Tipping Fee Surcharge, reading as
follows:
6.6 Materials Recovery Facility Funding. For the
term of the Materials Recovery Facility
Contract, the ResoUtce Recovery Board shall
designate funds to cover the cost of the
Materials Recovery Facility including
reasonable administrative costs. Any future
increase in funding costs (other than
administrative costs) shall not exceed the
proportionate increase provided in the
Materials Recovery Facility Contract. Funds
may be drawn from reserves, grant funds or a
surcharge imposed on processible waste
delivered to the resource recovery system.
6.7 Materials Recovery Revenues. One hundred
percent (100%) of all net revenues generated
by the sale of the recyclable materials will
be reimbursed to each CONTRACT COMMUNITY and
the COUNTY on the basis of actual tonnage
delivered to the Materials Recovery Facility
by the respective party. Net revenues will be
consistent with the terms of the Materials
Recovery Facility Contract and reflect the
relative composition of the materials
delivered. In the event any non -contract
community or other governmental entity enters
into an agreement with COUNTY to use the MRF,
all net revenues from such entit-: will not be
calculated as part of this Agreement unless
the entity executes an Agreement with the
COUNTY which pro rides terms_ and conditions
which would allow it to lie considered a
CONTRACT COMMUNITY for MRF funding purposes only.
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FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD CCu?.TY FOR SOLID
WASTE DISPOSAL SERVICE
h
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature-
BROWARD COUNTY through its Board of COUNTY COMMISSIONERS, signing
by and through its Chair or Vice Chair, authorized to execute same
by Board action on the day of 19�, and the
Contract Community signing by and through its
duly authorized to execute same.
C 0 U N T __Y
ATTEST:
County Administrator and
Ex officio Clerk of the Board
of County Commissioners of
Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNT': C014MISS1014ERS
By
Chair
day of 19 _
Approved as to form by the
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357--7641
By
NOEL M. PFEF: �R
Deputy Count.: Attorney
3 Is
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FIRST AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
C O N T R A C o M U I T Y
WITNESS
Z,6� A)(4
ATTEST:
10
CAROL A. EVANS
CITY CLERK
CITY OF TAMARAC
APPROVED AT MEETING OF 'i - a$ 3
NMP:dp
11/19/92
t92-143.07
SOLID .ILA
4
CITY OF T8kZE2
Name of Contract Community
By
,,Mayo r oramissioner
H L. BENDER q
�6h day of kiLal,
By \
i y Manage
OHN P. KEILY
jh day of �, 19�
Approve as orr:
ity Attorney
MrX= S. KRAFT
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Temp. Reso. # Cv474
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93— LC)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A SECOND
AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac to authorize the appropriate city officials
to execute a Second Amendment to Interlocal Agreement with Broward
County for Solid Waste Disposal.
NOW, THEREFORE, BE IT RESOLVED ,RY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION is That the foregoing "WHEREAS• clause is hereby
ratified and confirmed as being true and correct and are hereby
made a specific part of this Resolution as attached hereto.
SECTION 2: That the appropriate City Officials are hereby
authorized to execute said Second Amendment to Interlocal
Agreement with Broward County for Solid Waste Disposal Service.
SECTION 3: All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
&FCTION 4: If any clause, section, other part or
application of this Resolution is held by any court of competent
Jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
99rTTON 5: This Resolution shall become effective
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Temp. Reso. # (0 710
1
immediately upon its passage and adoption.
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PASSED, ADOPTED AND APPROVED this o'W�'daY of
1993.
30
A.L. BENDER
11
MAYOR
22
ATTEST:
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24
C� Lz/-
CAROL A. EVANS
25
CITY CLERK
pECOAD OF COUNCI G1E
16
�
MAYOR
17
I HEREBY CERTIFY that I DISI 1:_
have approved this DIST. C: Q
2d
RES I N as to form. O ST. 3
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MI CH S FT
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CITY ATTQYMY
22
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S SCOND AMEN DMENT
I N T E R L 0 C A L A G R E E M E N T
WITIi
S R O W A R D C O U N T Y
F 0 R
S O L I D W A S T E D I S P 0 S A'L S E R V I C E
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This Second Amendment dated for convenience March 1, 1993, to
the Interlocal Agreement with Broward County for Solid Waste
Disposal Services, dated for convenience November 25, 1986, by and
between BROWARD COUNTY, a political subdivision of the State of
Florida, by and through its Board of County Commissioners,
("COUNTY") and the Municipalities whose names appear in Exhibit "A"
of the Interlocal Agreement ("CONTRACT COMMUNITIES").
W I T N E S S E T H
WHEREAS, the COUNTY and CONTRACT COMMUNITIES desire that the
Broward Solid Waste Disposal District and its Resource Recovery
Board provide for a Household Hazardous Waste Program through the
use of available funds including a surcharge on processible waste
delivered to resource recovery system facilities.
WHEREAS, the Florida Solid Waste Management Act (1908) directs
Counties to reduce their solid waste stream and recycle designated
materials and remove hazardous substances from the waste stream.
NOW, THEREFORE, the parties do agree to amend the Interlocal
Agreement as follows: 0
1. Except as may be provided -in this Second Amendment, all
defined terms used herein shall have the same meaning as
in the Interlocal Agreement.
2. Article 2, Definitions, shall be amended by the addition
of new Section 2.28, Household Hazardous Waste Facility,
reading as follows:
2.26 Household Hazardous Waste Facility. The term
"Household Hazardous Waste Facility" shall
mean the facility or facilities constructed,
operated, maintained and repaired or caused to
be constructed, operated, maintained, and
repaired by COUNTY pursuant to this Agreement
for the purposes of receiving, processing,
transferring, and shipping materials from
Household Hazardous Waste programs intended
for reuse, recycling or proper disposal.
Household Hazardous Waste Facilities shall be
deemed to be a part of the resource recovery
system.
3. Article 6, Tipping Fees and Service Charges, shall be
amended by the addition of new Section 6.8, reading as
follows:
6.8 Household Hazardous Waste Funding. The
Resource Recovery Board shall designate funds
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to cover the cost of the cost of the Household
Hazardous Waste Facility including reasonable
administrative costs. Funds may be drawn from
reserves, grant funds or a surcharge imposed
on processible waste delivered to the resource
recovery system.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature:
BROWARD COUNTY through its Board of COUNTY COMMISSIONERS, signing
by and through its Chair or Vice Chair, authorized to execute same
by Board action on the day of , ' 19—, and the
Contract Community sign nag by and through is
duly authorized to execute same. '
ATTEST:
County Administrator an
Ex officio Clerk of the Board
of County Commissioners of
Broward County, Florida
BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
say of , 19
Approved as to form by the
Office of County Attorney
Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
NOEL M. PFEFFER
Deputy County Attorney
e,53-LPO
SECOND AMENDMENT INTERLOCAL AGREEMENT WITH BROWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
A
,WITNESS L IO 2 :]'—&yyt-&-rA-C
Name f Contract Community
. By
ayo Commissioner
i�. L . $ev-+det
3 day of 19V
r•
ATTEST: By.:
� 'It, 2V
' ity Manag er
2 day of A , 194?3
Coo\ Pt• ���5
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Cit Attorn
CITY OF TAMARAC
APPROVED AT MEETING OF
NMP:dp
4/S/93
092-143.07
SOLID.IL3
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Temp. Reso. # 6
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-93--._N
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE A THIRD
AMENDMENT TO INTERLOCAL AGREEMENT WITH BROWARD
COUNTY FOR SOLID WASTE DISPOSAL SERVICE;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
WHEREAS, the City Council of the City of Tamarac, Florida
deems it to be in the best interests of the citizens and residents
of the City of Tamarac to authorize the appropriate city officials
to execute a Third Amendment to Interlocal Agreement with Broward
County for Solid Waste Disposal.
NOW, THEREFORE, BE IT RESOLVED BY- THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTTON1, That the foregoing `WHEREAS" clause is hereby
ratified and confirmed as being true and'correct and is hereby
made a specific part of this resolution upon adoption hereof.
SECTION 2- That the appropriate City Officials are hereby
authorized to execute the attached Third Amendment to Interlocal
Agreement with Broward County for Solid Waste Disposal Service.
(Attached hereto as Exhibit A).
SECTIBU3- All resolutions or parts of resolutions in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTI2g. If any clause, section, other part or
application of this resolution is held by any court of competent
Jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining
portions or applications of this Resolution.
1
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Temp. Reso. #.�y9
ECT20N 5_L This Resolution shall become effective
immediately upon its passage and adoption.
PASSED, ADOPTED AND APPROVED this �jD'-'%ay of Xl 1993•
H.L. BENDER
MAYOR
ATTEST:
�-c--
CAROL A. EVANS
CITY CLERK
MAYOR
DIST 1:
I HEREBY CERTIFY that I IST.2:
have approved this DIET 3.
RESOLi)I0 : as to form. DIS%.a:
�7=-�HE FT
CITY ATTOWEY
]po mU11M1ML9CAL AMEflI "MM)
RECORD OF COUNCIL
E
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THIRD AMENDMENT
INTERLOCAL AGREEMENT
WITH
BROWARD COUNTY
I'OR
SOLID WASTE DISPOSAL, SERVICE
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1,c�-,s3-9/
This Third Amendment dated for convenience March 1, 1993, to
the Interlocal Agreement with broward County for Solid Neste
Disposal Service, dated for convenience November 25, 1986, and the
First Amendment thereto, dated for convenience October 1, 1992 (the
"Interlocal Agreement"), is made and entered into by and between:
BROWARD COUNTY, a political subdivision of the state of Florida,
hereinafter referred to as "COUNTY," and the Municipalities whose
names appear in Exhibit "A" of the Interlocal Agreement ("CONTRACT
COMMUNITIES").
W I T H B 8 S E T H
WHEREAS, the League of Cities, on behalf of several CONTRACT
COMMUNITIES has requested that the COUNTY agree to certain changes
to the Interlocal Agreement as more specifically described in this
Third Amendment; and
WHEREAS, COUNTY and CONTRACT COMMUNITIES wish to amend the
Interlocal Agreement in accordance with the terms of this Third
Amendment for the purpose of: (i) recognizing certain outstanding
indebtedness which has been issued to finanos the Resource Recovery
System, (ii) providing a definite term for the Interlocal
Agreement, (iii) requiring approval of the CONTRACT COMMUNITIES in
the event the COUNTY proposes any indebtedness which has a final
maturity later than the term -of the Interlocal Agreement, and (iv)
relieving the COUNTY of its obligations in the event the CONTRACT
COMMUNITIES do not approve a request by the COUNTY for such
indebtedness.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, promises, covenants and payments hereinafter sat forth,
the parties agree as follows:
1. Article 16. Duration, shall be amended to read as
follows:
16.1 This Agreement shall be effective for each
CONTRACT COMMUNITY and unincorporated COUNTY
from the date of execution until July 2, 2013.
16.2 The term of this Agreement shall be extended
beyond the term provided in section 16.1 to
the date of the final maturity of any
Indebtedness issued by the COUNTY with respect
to the Resource Recovery.System it approved in
accordance with Section 12.6. COUNTY shall
timely make the Board aware of any proposed
indebtedness to be issued by the COUNTY with
respect to the Resource Recovery System for
the purpose of receiving input and information
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from the Board. Subject to the requirements
Of this section, the COUNTY shall be the final
authority to determine whether to proceed with
the issuance or any indebtedness with respect
to the Resource -Recovery System.
16.3 In the event the COUNTY determines that in
order to perform any of its obligations under
this Agreement, it is necessary to incur any
indebtedness uppbrted by any legally
available fund:sof the Resource Recovery
System with a final maturity date after July
2, 2013, and the COUNTY is unable to obtain
approval to extend the term of this agreement
in connection with indebtedness to be incurred
as required by section 3.6.2, than in such
event and subject to the terms of Section
16.4, the COUNTY shall be fully and completely
excused and relieved from performing any of
its obligations under this Agreement which
cannot be performed as a result of the failure
to agree to an extension of the term of the
Agreement.
16.4 The parties acknowledge the existence of the
following indebtedness issued to finance the
Resource Recovery System; $238*935,000 Broward
County, Florida, Resource Recovery Revenue
Sonde, Series 1994 (Broward waste Energy
Company, L. P. North Project), $266,965,000
Broward County, Florida, Resource Recovery
Revenue Bonds, Series 1994 (SES Broward
Company, L. P. South Project), $4E,140,000
Broward County, Florida, Solid Waste System
Revenue Bonds, Series 1993A, $15,605,000
Broward County, Florida, Solid Waste Systems
Revenue Bonds, Series 19938, and $12,175,000
Broward County, Florida, Solid Waste System
Revenue Bonds, Taxable series 1993C,
(collectively referred to as the "Outstanding
Indebtedness"). Notwithstanding any term or
condition of the Third Amendment to the
contrary, the parties acknowledge that nothing
herein shall excuse or relieve the COUNTY from
taking any action or performing any act
required to fulfill the obligations,
representations, and covenants of the COUNTY
with respect to the Outstanding Indebtedness
and any agreements, contracts or other
documents related to the outstanding
Indebtedness. It is the understanding and
_2_
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C,
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intent of the parties that the Third Amendment
shall in no way interfere, limit or otherwise
adversely affect in any wanner any of the
obligations, of the COUNTY and C014TRAC'T
COMMUNITIES with respect to the Outstanding
Indebtedness and any agreements, contracts or
other documents related to the Outstanding
Indebtedness.
Except as modified herein, the Interlocal Agreement among the
parties shall remain in full force and affect.
IN WITNESS WHEREOF, the parties hereto have made and executed
this Agreement on the respective dates under each signature:
BROwARD COUNTY through its BOARD Of COUNTY CONKISSIONns, signing
by and through its Chair or Vice Chair, authorised to execute Base
by Board action an the day of , 190 and the
CONTRACT COMMUNITIES signing by and rough is r duly
authorized to execute same.
ATTEST:
County Administrator an
Ex-Officio Clark of
the Board of County
Commissioners of broward
County, Florida
BRoWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
Cho r
-3-
..ram day of • 19! `
•
Approved as to form by
Office of County Attorney
Broward County, Florida
joHN J. COPELAN0 ,7lt.. County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
NOEL, M . FFIFFER
Deputy County Attorney
•
THIRD AMENDMENT INTERLOCAL AGREEMENT WITH SRoWARD COUNTY FOR SOLID
WASTE DISPOSAL SERVICE
WITNLSS
ATTEST:
4c , -,- .
P'll. EQ&n5
CITY OF TAMARAC
APPROVED AT MEETING OF Lp ;,10-93
NMP:dp
4/20/93
/92-237
RRS.A01
Name of contract Community
By , Z:5=�
yor vr commissioner
H. L . -Zer\de,r
day of y , 1913
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C ty Manage
.,ca�nr
�.. day a
19L>
App=owed a to
City Att rney
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