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HomeMy WebLinkAboutCity of Tamarac Resolution R-94-1711 Temp. Reso. #6812 Rev. 9/6/94 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-94- 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA EXPRESSING THE INTENTION OF THE COUNCIL TO NOT RENEW THE AGREEMENT BETWEEN TAMARAC AND WASTE MANAGEMENT, INC. (COPY ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "A") FOR RESIDENTIAL CURBSIDE RECYCLING PROGRAM; DIRECTING THE CITY MANAGER TO NOTIFY WASTE MANAGEMENT, INC. OF THE CITY'S INTENT TO TERMINATE THE AGREEMENT AT THE END OF ITS ORIGINAL TERM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN--EFFF=IVE DATE, WHEREAS, on December 18, 1994 the Agreement between the Joint Recycling Group Cities and Southern Sanitation for newspaper recycling expires; WHEREAS, on June 20, 1994 the Joint Group Cities Recycling Committee opened bids submitted by several vendors to do all recycling materials including newspaper; WHEREAS, it is the intention of the City Manager to recommend to the City Council to award the recycling bid for all materials including newspaper to the vendor who is the lowest, fully responsive and responsible bidder. C 2 Temp. Reso. #6812 Rev. 9/6/94 WHEREAS, Section 2 of the Agreement provides for the termination notice by the City 90 days prior to the termination of the initial term (December 18, 1994); WHEREAS, the Assistant City Manager and City Manager hereby recommend that the City Council terminate the agreement at the end of its original term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 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. SECTION Z. The City Council of the City of Tamarac, Florida expresses its intent to not renew the Residential Curbside Recycling Agreement between Tamarac and Waste Management, Inc. (attached hereto and incorporated herein as Exhibit "A") SECTION 3: The City Manager is directed to notify Waste Management, Inc. of the City's intent to terminate the agreement at the end of its original term pursuant to the term of the Agreement. SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this 1 1 W Temp. Reso. #6812 Rev. 9/6/94 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. SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this / ATTEST: d&�!Z�2 CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 1ITCHELL S. K CITY ATTORN (Jt Group Cities Termination/rkt) IWATUH ,e 91- 1-71 RESIDENTIAL CURBSIDE RECYCLING AGREEMENT THIS AGREEMENT made and entered into this C� day of�as' 1989, by and between the JOINT RECYCLING GROUP CITIES (herein' after referr tS") AND SOUTHERN SANITATION SERVICE (herein referred to as "CONTRACTOR",) a division of WASTE MANAGEMENT INC. OF FLORIDA. WIT E ETH• WHEREAS, the JOINT RECYCLING GROUP CITIES advertised for proposals for a Residential Curbside Recycling Program; and WHEREAS, SOUTHERN SANITATION submitted a proposal which was determined by the GROUP CITIES as the lowest fully responsive proposal; and WHEREAS, the GROUP CITIES desires to contract with CONTRACTOR to provide residential curbside recycling collection services as defined herein; and WHEREAS, CONTRACTOR desires to provide Recycling Collection Services as defined herein;and WHEREAS, the CONTRACTOR and GROUP CITIES wish to set forth the terms and conditions of the Agreement. NOW THEREFORE, for the mutual benefits and other considerations recited herein, the parties hereto agree as follows: SECTION I: DEFINITI N For the purposes of this Agreement, the following terms shall apply: Prgggssing Centgr: Durbin Paper, Pompano Division or other location for the delivery of Recyclable Materials for sale as may be utilized at the option of CONTRACTOR in the County of Broward. Public c A,warem Program: Promotional Program developed and provided by CONTRACTOR and GROUP CITIES to Inform and encourage residents to use the Recycling Collection Services. RQcyclable Materials: Initially, newspapers only; the materials may be exparided per Section 5 to include glass bottles, metal cans (aluminum and steel), plastic containers and such other Recyclable Materials as the parties may designate in writing. Newspaper shall be tied or bundled using a material acceptable to processing center and placed at curbside of each residential unit being serviced. R lin Ilecti nServices:,Those services to be performed by CONTRACTOR as follows: (a) collection of Recyclable Materials from locations designated by the parties; and (b) transportation, sale and unloading of Recyclable Materials at the Processing Center. G-ROQPCITIES: Coconut Creek, Lauderhill, Margate, North Lauderdale and Tamarac R i nt: A resident of a Unit, as defined In Section 3. Default: CONTRACTOR fails to provide any of the scope of services as outlined in this agreement. Disposal Fee: The rate per ton charged for household trash and garbage at the disposal facility utilized by the CONTRACTOR In the garbage collection and disposal contract for any one or more of the members of the GROUP CITIES. -01 I(-9V- i l l SECTION 2:—TERM OF AGREEMENT The term of this Agreement shall be for aperiod of five (5) years_ from the date of execution. The termQf_ this A reement shall be automatically renewed for like terms hereafter unless either party shall give written notice of termination by CertifiedMail to the other party at least 50 days prior to the termination of -the initia teT rm or renewal term. SECTION P F E I E CONTRACTOR shall be the exclusive collector of all Recyclable Materials which are segregated by residents from normal household discards and tied or bundled at the curbside on public streets or at some other specifically defined location ("curbside"). Collections hereunder shall commence upon the delivery of vehicles referenced in Section 8 hereof, or on such earlier date as a recycling vehicle is available for collection of Recyclable Materials. Collections shall be made from all single family homes (collectively "units") or any unit not receiving containerized residential refuse service located in the cities of the GROUP CITIES. The Recycling Collection Services performed shall be expanded to Include all newly constructed homes upon notification of a member of GROUP CITIES to CONTRACTOR. N 4: GROUP CITIES_REPRESENTATIV The GROUP CITIES representative for purposes of this Agreement shall be the City of North Lauderdale (the "Group Cities Representative"), ECTIQN: IMPLEMENTATION AND EXPANSION -OF SERVICE At such time as the CONTRACTOR or GROUP CITIES desires to expand the Recycling Collection Services Into additional areas (annexed areas), or add additional materials to the Recyclable Materials collected, the party desiring to expand the services shall submit to the other party an expansion proposal ("Expansion Proposal") and the party receiving such proposal shall evaluate and consider the same in good faith. If CONTRACTOR and the GROUP CITIES fall to reach an Agreement with respect to the terms and conditions for expansion of the Recycling Collection Services within sixty (60) days of submission of the Expansion Proposal, CONTR{s,TOR will C21hUe_ torerf0rfrq_geCyCl�g�pliectian_.$grydces_asProyided._by this Agreement for the remaining term. thereof. The areas and number of units (homes) serviced shall not be r uc during the term hereof unless said unit (home) no longer receives refuse collection services by any licensed contract hauler of a member of GROUP CITIES or the area in question is no longer within the boundaries of the GROUP CITIES. SECTION 6: TIME OF COLLECTION a) CONTRACTOR shall make a reasonable effort to collect the Recyclable Material placed at the curbside for collection once every week on the same day of the week as garbage collection service Is customarily performed in each city. b) Prior to commencing services, CONTRACTOR shall provide GROUP CITIES with a route map or schedule. In the event of changes in routes or schedule that will alter the day of pick-up, the CONTRACTOR shall notify each customer affected by either: t ) Direct mail 2) Door hangers 3) An advertisement prominently displayed in a newspaper of area -wide distribution at least once, but not less than one week prior to the change. c) Collection will not be made on Christmas Day. Collection which would normally occur on Christmas Day shall be rescheduled on the next scheduled recycling collection day. Timely notification to residents of such rescheduling shall be the responsibility of the CONTRACTOR, 4 2 7/ SECTION 7. OWNERSHIP TRAN PORTATI N AND SALE OF RECYCLABLE MATERIAL CONTRACTORS shall transport the collected Recyclable Materials to the Processing Center. CONTRACTOR shall take title to the Recyclable Materials upon pick-up from residents and shall be responsible for the sale or disposai of such Recyclable Materials to a Recycling Processing Center. All of the proceeds of the sales of the Recyclable Materials shall be the property of CONTRACTOR. in the event the Processing Center falls to accept recyclable materials it shall be the responsibility of CONTRACTOR to provide the means to ultimately recycle all materials and not dispose of same at a land fill except as noted in Section 23 of this agreement. E 1 N—LABORND EHI a) CONTRACTOR shall at its sole cost and expense, except as otherwise provided herein, furnish all labor and equipment required to perform curbside collection of Recyclable Materials pursuant to this Agreement. b) GROUP CITIES agree to provide funding obtained from state and/or county grants for CONTRACTOR to purchase two (2) Recyclable Materials Collection Vehicles meeting the specifications contained in Exhibit A. CONTRACTOR shall purchase such vehicles for GROUP CITIES and transfer the vehicles to the GROUP CITIES when the grant funding is obtained. CONTRACTOR shall thereafter lease the two collection vehicles from the GROUP CITIES for one dollar per year. CONTRACTOR shall be responsible for Insurance prescribed herein in Section 20 and maintenance of said vehicles during the term hereof. GROUP CITIES recognizes that CONTRACTOR has no control over the delivery dates of said vehicles and agrees to expedite the delivery of said vehicles. c) In the event this Agreement is terminated as provided for herein the two (2) collection vehicles or any other additional collection vehicles which may be purchased from grant funds shall become the property of the GROUP CITIES. E TION : REFUSAL TO PICKUP The first time a resident does not properly segregate or bundle said materials CONTRACTOR shall pick-up Recyclable Materials as described In Section 1 of this agreement. In addition CONTRACTOR will -issue a written notice to the resident which contains Instructions for the proper segregation of Recyclable Materials. After the first time the same resident does not properly segregate or bundle the materials, CONTRACTOR can refuse to make a pick-up. At the time of refusal to make the pickup CONTRACTOR shall Issue a notice to the resident which contains instructions for the proper segregation of Recyclable Materials. Further Incidents of non-compliance by a resident shall be reported to the respective member of the GROUP CITIES. It shall not be required for CONTRACTOR to issue a subsequent notice to the resident for any further Infractions after the second occurance. E ION 10: PQBLIQAWARENE$SPRQGRAM CONTRACTOR and GROUP CITIES shall develop and implement a Public Awareness and Education Program as set forth in Exhibit B. $ZCTION 1 : BILLIN LLE ION AN PAYMENT a) GROUP CITIES agrees to make monthly payments to CONTRACTOR on the fifteenth (15th) day of each calendar month beginning the month after service is Initiated by CONTRACTOR. All fees for services provided under the terms of this Agreement shall be billed by the GROUP CITIES through and concurrent with their regular utility billing system. 10 3 b) A home will be billed based on the month a utility account was opened with a member of the GROUP CITIES. c) All amounts billed by the GROUP CITIES on behalf of CONTRACTOR for recycling shall be segregated and accounted for In a proper liability account for each member city. Each member of the GROUP CITIES shall remit to CONTRACTOR the amount billed for recycling collection services for the previous calendar month. d) GROUP CITIES agree to use reasonable efforts including the discontinuation of utility services to those units that are delinquent, to collect amounts on a timely basis and notify CONTRACTOR whenever service is discontinued due to non-payment of an account. e) All units required to participate as specified by applicable City ordinance are required to use the recycling services of the CONTRACTOR. SECTION AND E a) The monthly fee to be provided to CONTRACTOR is $0.76 per unit per month. b) During the first three years of the term hereof the rate per unit is contingent upon each unit serviced generating an average of .0972 adjusted tons of recyclable paper per year for collection by CONTRACTOR. In the event the average adjusted tons per year Is not collected by CONTRACTOR during any one of the first three years of this Agreement the provisions outlined in Paragraph 12 c) for a rate adjustment shall be Initiated by CONTRACTOR. For example: the total adjusted tons per year for 36000 units would be 3500 tons of recyclable newspaper. c) The CONTRACTOR within ninety (90) days of the anniversary date of service may petition the GROUP CITIES for a rate adjustment to offset any loss of revenues due to a deficit in the projected annual tonnage for the preceding year. The GROUP CITIES upon its review and verification of the CONTRACTOR petition agrees to authorize a rate adjustment per individual unit to the nearest whole cent based on the following formula: Monthly Unit = Number of tons Annual weighted average Rate Adjustment fi it &__..dispgsaI f "1 12 mos number of units Example assuming 3000 tons generated: $0.05 = 4 . 0 36000 12 months The monthly unit rate adjustment so calculated will be added to the current rate on the anniversary date of commencement of service for the next 12 month period. d) The rates charged GROUP CITIES hereunder shall not be higher than those charged by CONTRACTOR for a similar recycling program. In the event CONTRACTOR performs such services at a lower rate, the rates charged hereunder shall be revised to such lower rate. e) Each member City of GROUP CITIES expressly waives any right it may have to a credit, reduction In rate or other benefit to which it may be entitled to due to the avoided cost of the disposal or sale of the recyclable materials collected by CONTRACTOR in accordance with this agreement. f) In the event the GROUP CITIES obtain funding from State and/or County grants to purc4se two additional Recyclable Material Collection Vehicles, the monthly fee provided to CONTRACTOR shall be. reduced to $0.6a per unit per month. In the event that the agreement is terminated, the two additional vehicles shall also become the property of GROUP CITIES. 0 4 �-�zl-i'7l . - ECTION 13: COT QF.QVIN2 ADJUSTMgNT The rates charged hereunder shall be increased or decreased each year during the term hereof on the anniversary date of commencement of service by the percentage change in the Consumer Price Index for the previous twelve months for Miami, Florida as published by the U.S. Department of Labor. The cost of living adjustment shall be applied to the current rate prior to any other increases for calculation purposes. SECTION 14: SUPLPLY AND PRQTECTION OF RECYCLABLE -MATERIALS The members of the GROUP CITIES agree to take such steps as may be reasonably necessary to protect the ownership of all Recyclable Materials placed for collection by CONTRACTOR under the terms of this Agreement and shall reasonably enforce anti -scavenging ordinances adopted by the member cities. The member cities will also pass individual ordinances mandating that each participating unit in the program shall recycle materials as defined in Section 1 of this agreement. SEQTION 161, _EERMITS ANDLICENSES CONTRACTOR, at its sole cost and expense, shall maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for CONTRACTOR to perform the work and services 2described herein. However, no member City shall impose any additional type of fee or charge for the CONTRACTOR to operate within such City pursuant to this agreement other than such fees or charges that are in effect at the date of the execution of this agreement. SECTION 1 • CUSTOMER RELATIONS a) The CONTRACTOR shall cooperate with authorized representatives of the GROUP CITIES In every reasonable way in order to facilitate the progress of the work contemplated under this contract. It shall have at all times a competent and reliable representative on duty authorized to receive orders and to act for it. b) CONTRACTOR shall take all reasonable steps and do all things necessary to insure good and harmonious customer relations in the service area. CONTRACTOR agrees that it shall have twenty- four (24) hour telephone service and shall maintain office hours between 8:30 A.M. and 5:00 P.M. on regular and normal working days. c) If the collection of any unit is missed during the regular route collection, the CONTRACTOR shall insure that the missed collection be picked up within twenty-four (24) (not including Sundays) hours of the regularly scheduled collection time or after such notification. Any deviation to this provision must be approved by the GROUP CITIES. d) The CONTRACTOR shall make every reasonable effort to resolve all complaints within twenty-four (24) hours from their receipt by the CONTRACTOR. Not later than the tenth (10th) calendar day of each month, the CONTRACTOR shall submit to the GROUP CITIES representative a written report showing the number of complaints received and the number satisfactorily resolved during the preceding calendar month. The CONTRACTOR must notify all customers being serviced of a telephone number to be called when registering a complaint in the time specified. e) The CONTRACTOR agrees to provide to the GROUP CITIES representative a detailed report of the number of tons of recyclable material that was collected and transmitted to the processing center on a quarterly basis by route and truck load. The report shall contain a statement from the processing center Indicating the amount of recyclable material disposed of at their site. 0 5 / .5,�(- /w _ SECTION 171INDEPENDENT LCONTRACTOR CONTRACTOR shall perform all work and services described herein as an Independent contractor and not as an officer, agent, servant or employee of the GROUP CITIES. CONTRACTOR shall have exclusive control of and the exclusive right to control the details of the services and work performed hereunder and all persons performing the same and nothing herein shall be construed as creating a partnership or joint venture between GROUP CITIES and CONTRACTOR. No person performing any of the work or services described hereunder shall be considered an officer, agent, servant or employee of GROUP CITIES, and no such person shall be entitled to any benefits available or granted to employees of GROUP CITIES. SECTION 1 N— I EN Neither CONTRACTOR nor GROUP CITIES shall assign, transfer, convey, or otherwise modify this Agreement or it's rights, duties or obligations hereunder or any part thereof without the prior written consent of the other. SECTION MP IAN WITH LAWS AND R9GUL8J1ONS CONTRACTOR agrees that, in the performance of work and services under this agreement, CONTRACTOR will qualify under and comply with any and all federal, state and local laws and regulations now in effect, or hereafter enacted during the term of this agreement, which are applicable to CONTRACTOR, its employees, agents or sub -contractors, N any, with respect to the work and services described herein. SECTION 20: INSJJRANCE The CONTRACTOR shall not commence work under this contract until it has obtained all Insurance under this section and evidence of such Insurance coverage has been approved by the GROUP CITIES. a) Worker$' Compensation - The CONTRACTOR shall provide and maintain during the life of this contract, at its own expense Workers' Compensation and Employers' Liability Insurance with the following limits of liability: Workers' Compensation - Statutory Employers' Liability - $100,000 each accident b) Sim rehensive Qen!rsl Liability_ - The CONTRACTOR shall provide and maintain during the life of this contract, at its own expense, Comprehensive General Liability Insurance, Including protection for liability arising from premises, operations, Independent contractors, products/completed operations and contracts. The policy shall be extended to provide for personal Injury liability and broad form property damage liability. The contractual coverage must specify that it covers the hold harmless Agreement set forth in Section 21 of this contract. The limits of liability shall be as follows: Bodily Injury Liability - $300,000.00 each occurrence $2,000,000.00 aggregate Property Damage Liability - $100,000.00 each occurrence $2,000,000.00 aggregate Umbrella Coverage Not Less Than - $2,000,000.00 Each member of the GROUP CITIES shall be named as an additional Insured on each policy. 0 6 /.�Pzl- i'7/ c)-Cgmi2rehgnsive A m it i ilit - The CONTRACTOR shall provide and maintain during the life of this contract, at its own expense, Comprehensive Automobile Liability Insurance, including Protection for liability arising from owned, non -owned and hired vehicles. The limits of liability shall be as follows: Bodily Injury Liability - $100,000.00 each person $300,000.00 each occurrence Property Damage Liability - $100,000.00 each occurrence Umbrella Coverage Not Less Than - $2,000,000.00 d) Qediflute of In r n - The CONTRACTOR shall furnish with satisfactory proof of the Insurance required hereunder. To be acceptable to the GROUP CITIES, each insurance certificate should contain a clause substantially as follows: 'Should any of the above -described policies be cancelled or undergo material change before the expiration date, the issuing Insurance company will mail thirty (30) days' written notice to the City Manager of the City of North Lauderdale, 701 S.W. 71 st Avenue, North Lauderdale, Florida 33068." SEQJION 21: CLAIM,1 AGAINT ROQP CITIES CONTRACTOR shall Indemnify and save harmless the members of the GROUP CITIES from and against any and all claims, suits, actions, damages, or causes of action arising during the term of the contract, for any personal or bodily injury, loss of life, or damage to property arising directly or Indirectly from CONTRACTOR'S operation pursuant to the contract and from and against all costs, counsel fees, expenses and liabilities incurred in and about any such claims, the Investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein with the exception being any Incidents caused by the negligence of a member of the GROUP CITIES, its agents or employees. The GROUP CITIES shall notify the CONTRACTOR within ten (10) days of receipt by the GROUP CITIES of any claim, suit or action against the GROUP CITIES arising directly or Indirectly from the operations of the CONTRACTOR hereunder, for which the GROUP CITIES might be entitled to a claim against the CONTRACTOR, under the provisions of the contract. The CONTRACTOR shall also be liable to the GROUP CITIES for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the GROUP CITIES by reason of the CONTRACTOR'S breach of any of the provisions of the contract. ECTION 22: BREACH OF CONTRACT a) In the event CONTRACTOR materially defaults In the performance of any of the material covenants or agreements to be performed by it under the terms of this Agreement GROUP CITIES shall notify CONTRACTOR in writing of the nature of such default within fifteen (15) days following such notice: 1. CONTRACTOR shall correct the default; or 2. In the event of a default not capable of being corrected within 15 days, CONTRACTOR shall commence correcting the default within fifteen (15) days of GROUP CITIES notification thereof, and thereafter correct the default with due diligence within twenty five (25) days from the date of default. b) If CONTRACTOR fails to correct the default as provided above, GROUP CITIES, without further notice, shall have all of the following rights and remedies which GROUP CITIES may exercise singly or in combination: 0 7 1. The right to declare that this Agreement together with all rights granted CONTRACTOR hereunder are terminated, effective upon such date as GROUP CITIES shall designate; and 2. The right to permit others to perform the services otherwise to be performed by CONTRACTOR, or to perform the services otherwise to be performed by CONTRACTOR, or to perform such services itself at the CONTRACTOR'S cost. In the event the processing center refuses or charges a fee to accept Recyclable Materials as specified herein, the CONTRACTOR shall notify the GROUP CITIES in writing by certified mail within fifteen (15) days, at which time the CONTRACTOR or GROUP CITIES agree that either party may exercise the following courses of action: a) The CONTRACTOR shall advise the GROUP CITIES that it wishes to re-negotlate the fee structure to offset any additional costs Incurred due to the storage of materials or other methods of disposing of the recyclable materials. b) In the event the GROUP CITIES fail to reply or respond to the CONTRACTOR'S request as outlined in a) above within fifteen (15) days from the date of notification by CONTRACTOR, the CONTRACTOR may then immediately terminate this agreement in writing to the GROUP CITIES. SECTION 2 : DISPOSAL FEE As of the date of this agreement, CONTRACTOR or an affiliate provides solid waste collection and disposal service for each member of the GROUP CITIES. In the event that a member of GROUP CITIES ceases to use CONTRACTOR or an affiliate as its solid waste collector, the effected member shall pay an additional monthly fee per unit to CONTRACTOR that Is equal to 1.5% of the then current disposal fee for the member which no longer uses the solid waste collection services of CONTRACTOR or an affiliate for the remaining term of the contract. E TI N 2NOTICErg All notices required or contemplated by this Agreement shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the parties as follows: To: GROUP CITIES City of North Lauderdale City Manager 701 S.W. 71st Avenue North Lauderdale, FI. 33068 To: CONTRACTOR Southern Sanitation Services General Manager 3831 N.W. 21 st Avenue Pompano Beach, FI. 33073 With a copy to: Waste Management Inc. of Florida Regional General Counsel 500 Cypress Creek Road West Ft. Lauderdale, FI. 33309 8 4-sy- 171 SECTION 2 : WAIVER A waiver of any breach of any provision of this Agreement shall not constitute or operate as a waiver of any other breach of such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provision. SECTION 27 UAW TO GOVERN This Agreement is entered into and is to be performed in the State of Florida. GROUP CITIES and CONTRACTOR agree that the law of the State of Florida shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and shall govern the interpretation of this Agreement. For Purposes of this section, venue shall be In the County of Broward, Florida. SECTION 2: TITLE F SECTIONS Section headings Inserted herein are for convenience only, and are not Intended to be used as aids to Interpretation and are not binding on the parties. SECTION 2 : AMENDMENT This Agreement may be modified or amended only by a written Agreement duly executed by the parties hereto or their representatives. ,SE9TION 30: SEVgRABILITY This Invalidity of one or more of the phrases, sentences, clauses or Sections contained In this Agreement shall not affect the validity of the remaining portion of the Agreement so long as the material purposes of this Agreement can be determined and effectuated. SECTION 31• ESS RS This Agreement shall be binding upon the parties hereto and their successors. SECTION 32: ENTIRETY This Agreement and any Exhibits attached hereto contain the entire Agreement between the parties as to the matters contained herein. Any oral representatives or modifications concerning this Agreement shall be of no force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands as of this • / �' day of : yL,' . , w1 1989. SOUTHERN SANITATION SERVICES, a Division of Waste Management Inc. of Florida By: Title: h?y Ccrr.......: .. 1 2. 1-2S3 �u:IGCG i:.�. i�tl/ Fgin - I `sera nc0 L•„ GROUP CITIES: • -- CITY OF COCONUT CREEK By: Title: Approve and suff CITY O 1 AUDERHI BT. Title: Approved as to for and sufficiency: CITY OF MARGAT By. n�tN� Title: Approved as to form and sufficiency: CITY OF NORTH L.AUDERDALt By: C ... Title: L 1-i, w i c, .� r Approved as to form and sufficiency: is 10 Attes {� ,f Attest:.�s Approved as to forte and sufficiency: —f 166 WP/Recycle.agr/Disk 3 Revised 9/25/89 Revised 10/18/89 Revised 10/27/89 Revised 11 /07/89 Revised 11 /20/89 0 s11 Attest:�,r�w�'� u 4ua 014 ubvd L, 10 .084 w13?419 _ y�-.... }: v r � a r SOUTHERN SAw. SVC 4C 77Y / 7L. E CRT IT A /1 1 TRZ URI L CO ADIMLqvn VSAtCLa sfftY f • '( t APPROXIMATE COST i $ 85,000 PER MMT S'OU'THFRN SAAI.• �VC OTT L 6DY CNAMTY 9D cu. YD. iy a�lT OMPAT.ttf$NT 7.1 CV. n, SOg QLAISS (ABPROXIMATEu #/Cu. YD.) �:Lrxf COMPAR4MT 15 CU. YD. FOR P,AM t pRGXIxATBZY 5 4 f/Cu. YD.) CONP+ARTMT 7.1 CU. Yb. FOR cas (UPROXtiY MY 130 i/CU. � t "MOAOX brT PARTITIONS - STATIOLAltY r :•�1X;Ct rAIl B llyDU 'C LIPTS - THREE ON 9= RIDE OF BODY LIFT CMAIMS TO BE DBTACH)IBLI± 1rOR l PLAGEKENg O$ aEPASa3 P104T IrWO CONTAINEE SIZES - AppROXItiUMY 59 GALLONS (.�! CV. DO) * C DrTJ1SH$!t :IZBS APPROXIMATZLY 73 GALLCWS (.36 CU. YD.) i t Cabl' irER Woltc LiP RW=t - 48■ :GI1�T C NTRQLB Pa$ R.H. L.H. I"PTB TO BE LOCATED KXAR EACH LIFT Ca"Al*ER GROUND CGEA$A M IN Vt�8lCtllG pGSfxigDi f t ' soDi Tb W Or D"ttic COHFiQt ATrom VZTH Dump ulouGH PhRTITip)r3 Y 130D� � gJly'S OitE (1) YEAR KAR1t�iTY Kam: oc 110&2D TO MOUNT cN "LVISTAR it 2180 hapBL �t90G, DUAL DRIVE CKi�SzB . �LBA$S. as rs t D lzp DOORS AT colt'ralyza DUmp aPsalsos %)3DtJ tCRD TO CPa T X*'c=x VlTK LIpT Oa H sari ors. ' f • t r 1 400, 490E Exhibit B Recycling Promotion Campaign Page 2 1. Direct mail package to participants, announcing the program. 2. Press release in local newspaper. 3. Direct home delivery of recycling bins, with communications collateral inserted. (if applicable) D. This would be held shortly before the program begins. it would be planned with the particular community in mind: speakers, guests, venue, and activities would be identified within the context of the community. IY E. 9Zg4j.9 92mmunicationss This phase would begin at program start-up and continue indefinitely. 1. CONTRACTOR shall plan periodic communications with the community at least 4 times per year. 2. Communications might be in the form of press kits, press releases, or notices on utility bills. CONTRACTOR'S experience in other Recycling America programs has shown that keeping a constant "line" of.communication open helps maintain the programs initial momentum. 0 � ,S7/- i7 ( 1] PROMOTION CAMPAIGN FOR CITIES OF COCONUT CREEK, LAUDERHILL, MARGATE, NORTH LAUDERDALE & TAMARAC CONTRACTOR'S findings from other successful programs in which they are involved indicates the need for a well managed promotional campaign during the inception year of any recycling program. Under the guidance of CONTRACTOR'S Regional Director of Corporate and Public Affairs they will provide at no additional cost a comprehensive multi -media publicity campaign to initiate and nourish the program. CONTRACTOR will appropriate $1.39 per unit for the entire term of the program in addition to any grant 'funds provided by GROUP CITIES. CONTRACTOR'S approach to communications is to apply the dollar where it is best spent. Every communications element must be necessary, meaningful, and geared toward getting results. This method ensures that critical dollars are not devoted to unnecessary or untested communications materials. The communications support provided by Corporate and Public Affairs elements: could include these A. e- The first step would be to meet with key city personnel, to explore the unique features and resources of the community. B. ErelimlnarY These activities include: 1. Identification of overall communications strategy. 2. Slogan Concepts 3. General design elements of communications materials. 4. Prepared presentations on recycling and the upcoming program for key community groups. This measure is designed to help heighten awareness and acceptance of the program. C. a-s ' These elements would be introduced approximately 15-30 days before start-up and would be staggered over the period. In ;� order of appearance, they might include: 1U/01/69 13:33 "305 974 0898 G Y i . r.r. f1- 7 Q Er z r w t,. Swiid. ,-- w� , qfc. W-L, a� a U e U_ 7 ti i y c SOUTHERN SA" SVC IC -9V / 7 / 2006 ` -` •�- SOUTHM SAN. SVC 4100. I1 1 I e so IIIIIII SOUTHERN '. Svc Lr.A� 1f)/91/89 15:39 ""305 974 0898 ..6Sr11/8g 13:49 • 11 '•• SOUTHERN SAN. SYC f��