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.
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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herewith are hereby repealed to the extent of such conflict.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
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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.
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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,
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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.
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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.
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. - 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.
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_ 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.
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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:
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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
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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:
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and sufficiency: —f 166
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Revised 10/18/89
Revised 10/27/89
Revised 11 /07/89
Revised 11 /20/89
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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.
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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:
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