HomeMy WebLinkAboutCity of Tamarac Resolution R-92-197Temp. Reso. #6411
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--92- IQ-7
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".
SECTION 2: This resolution shall become effective
immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 1\t'6ay of_D2.Y ,1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
ap roved this Resol
0 orm.
M HELL S. KRAFT
CITY ATTORNEY
.G,
HoF L. BENDER
MAYOR
RECORD OF COUNCIL VOTE
MAYOR BENDER - r
DISTRICT 1: _ 0,,'M KA I-
DISTR,C'T ?_: -I iPJ at•a' l
DISTRICT 3: Clf CF I�tFWi%_j
IN3TRICT 4: C/PA ,AE3RA(vi0VflTZ
CITY OF TAMARAC
7525 Northwest 88 Avenue
Tamarac, Florida 33321-2401
December 17, 1992
Steve Magee, City Manager
City of Coconut Creek
4800 West Copans Road
P.O. Box 63-4007
Coconut Creek, Florida 33063
11 2 - S-2 -
Phone (305) 722-5900
Fax (305) 722-4509
Subject: Agreement between Broward County and the Cities of
Coconut Creek, Lauderhill, Margate, North Lauder-
dale and Tamarac
First Amendment Interlocal Agreement with Broward
County for Solid Waste Disposal Service
Interlocal Agreement with Broward County for
Recyclable Materials Recovery
Dear Mr. Magee,
Enclosed are the originals of the Agreement between Broward
County and the five Cities and one (1) certified copy of the
Resolution for each as passed by City Council.
Once fully executed, please return one (1) executed original
for our files.
Enclosed are copies of the First Amendment Interlocal Agree-
ment with Broward County for Solid Waste Disposal Service and
the Interlocal Agreement with Broward County for Recyclable
Materials Recovery for your files.
Thank you for your assistance.
V/eerry truly yours,
Carol A. Evans
City Clerk
/ew
Enclosures
THE CITY OF TAMARAC IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OP HANDICAPPED STATUS
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I N T E R L 0 C A L A G R E E M E N T
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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
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AGREEMENT
With
BROWARD COUNTY
for
RECYCLABLE MATERIALS RECOVERY
This is an Agreement, dated for convenience October 1, 1992,
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', attached
hereto and made a part hereof, established under the laws of the
State of Florida, hereinafter each referred to as 'CITY".
WHEREAS, the Florida Solid Waste Management Act (1988) directs
Counties and Municipalities to reduce their solid waste stream and
recycle designated materials; and,
WHEREAS, the COUNTY and CITY have entered into an Interlocal
Agreement for solid waste disposal services dated November 25,
1986; and,
WHEREAS, the COUNTY and CONTRACT COMMUNITIES have amended the
said 1986 Interlocal Agreement to include within the definition of
the resource recovery system Materials Recovery Facilities (MRF);
and,
WHEREAS, the COUNTY and CITY recognize the beneficial
economics of cooperative initiatives; and,
WHEREAS, the COUNTY and CITY agree that a privatized service
agreement affords the best opportunity to ensure a sound recycling
market strategy; and
WHEREAS, the COUNTY has entered into a Contract with Browning -
Ferris Industries, of Florida Inc. (BFI) to construct, operate and
maintain a MRF for the COUNTY and CITIES entering into this
Agreement.
NOW, THEREFORE, IN CONSIDERATION of the mutual terms,
conditions, promises and covenants hereinafter set forth, COUNTY
and CITY agree as follows:
1. Except as may be provided in this Agreement, all defined
terms used herein shall have the some meaning as in the
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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 pai d 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.
6. 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 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 Chairman, authorized to execute same by Board
action on the day of , 199_, and each CITY,
signing by and through officers duly authorized to execute same.
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EXHIBIT "A"
Chairman, Board of County Commissioners
Broward County, Florida
115 South Andrews Avenue, Room 421
Fort Lauderdale, Florida 33301
List
t of Municipalities Executing Agreement
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aEXHIBIT 'Be -
Residential Recyclable Materials
o Newspaper
o Corrugated Cardboard
o Glass (Clear, Amber and Green)
o Aluminum Cans
o Tin Cans
o Plastic Coated and Aseptic Containers
o Plastics (Numbers 1, 2 and 3)
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C O U N T Y
ATTEST:
County Administrator and
Ex officio Clerk of the Board
of County Commissioners of
Broward County, Florida
C�
E
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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 Attorney,
Governmental Center, Suite 423,
115 South Andrews Avenue, Fort
Lauderdale, Florida 33301
Telephone No. (305) 357--7600
Deputy County Attorney
C O N T R A C T C O M M U N I T Y
WITNESS
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City Clerk
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Name of Contract Community
By ///,/ ZZ
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B
City Manager
_Lj!'day • KLO . wl.►� s
APP VE A O FORM:
C ty Attorney
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AGREEMENT
between
BROWARD COUNTY
and
BROWNING-FERRIS INDUSTRIES
OF FLORIDA. INC.
for
MATERIALS RECOVERY FACILITY
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09/25/92 DRAFT
AGREEMENT
[ r,'Mr,
R WARD COUNTY
and
BR WNIN -FERRIS INDUSTRIES F FLORIDA. INC.
for
MATERIALS RE VERY FA I ITY
This is an Agreement, made and entered into by and between: BROWARD COUNTY,
a political subdivision of the State of Florida, hereinafter referred to as "COUNTY,"
m
BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., hereinafter referred to
as "BFI."
WHEREAS, COUNTY has prepared and solicited responses to a Request for
Proposal (No.0-09-91-04-99) (the "RFP") for the design, financing, siting, permitting,
construction, operation and maintenance of facilities for processing and marketing of
recyclable materials; and
WHEREAS, COUNTY has determined that BFI has presented a proposal dated
February 4, 1992, in response to the RFP (the "BFI Proposal") which contains terms and
conditions which in accordance with the criteria established by the RFP are most favorable
for the COUNTY; and
WHEREAS, COUNTY desires to enter into this Agreement on such terms and
conditions as are consistent with the proposal submitted by BFI and the requirements of the
RFP; NOW, THEREFORE,
IN CONSIDERATION of the mutual terms, conditions, promises, covenants and
payments hereinafter set forth, COUNTY and BFI agree as follows:
PIl��
12EFINITION5
As used herein, the following terms shall have the meanings set forth below:
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1.1 T� - Broward County, a body corporate and politic and .a political. subdivision
of the State of Florida.
1.2 Facilfty - means the MRF to be constructed by BFI in accordance with the BFI
Proposal and the terms of this Agreement.
1.3 HMrdous Waste - means those wastes defined as hazardous waste in Chapter-17="730,
Florida Administration Code.
1.4 Interlocal 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.
1.5 n fi - 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 Rrcovery FacilityMRF - a facility that receives and processes mixed
Recyclable Materials and stores Recovered Materials prior to shipment to market.
1.7 Minimum Tonnage Commitment (MTC) - means the minimum quantity of Program
Recyclables established for each Program Year and as incorporated in the calculation
of the Net Service Fee.
0 1.8 Net -Service F - means the calculation and flow of funds as defined in Article 5.
1.9 Partial Utilization - means that date when BFI first begins accepting Program.
Recyclables in quantities specified in BFI's proposed project schedule up to a pro
rata 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.
1.10 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 P rf rm nc Test: Performance T - means the testing of the performance
capabilities of the MRF as described in Article 17 of this Agreement.
1.12 Emeram Year - means 12 consecutive months commencing on the Commencement
Date (as defined in Section 1.21)and repeated each operation year thereafter for the
purpose of measuring compliance with the Minimum Tonnage Commitment.
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1.13 Lr"rilm RMTJablr,5 - 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 Recyclables; 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 Recyclables and viable markets are identified.
For purposes of this Agreement, Program Recyclables 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 Recyclables are actually generated by the
governmental entity and the collection of the Program Recyclables is performed by
the County or the governmental entity.
1.14 Reeov red_ ,Materials - means Program Recyclables which have been collected,
separated and/or processed into marketable form in accordance with the
requirements of the buyers of such materials.
1.15 Reeaclablles_ Recyclable Materials - means those materials which are capable of being
recycled and which would otherwise be disposed of as solid waste.
1.16 Brmliniz - means any 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 Beiected Peliyeries - means deliveries of Program Recyclables which have been
rejected in accordance with the Acceptance Standards as described in Article 6.
1.18 rejects - 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 Residue - means that portion of the Program Recyclables 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 Recyclables in order to meet Recovered Material
specifications.
1.21 5mbstantial Completion - 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 -eight year
operating term of the Agreement (the "Commencement Date").
1.22 Ton - means a unit of weight equal to 2,000 pounds.
1.23 T=e 1 Plastic�QQntainers • means containers made of polyethylene terephthalate
(PET) such as two liter soda bottles.
1.24 Tyr, 2 Plastic Containers - means containers made of high density polyethylene
(HDPE) such as milk, juice, water jugs and detergent bottles.
1.25 Type 3 Plastic Containers -means containers made of vinyl (PVC, V) such as some
shampoo bottles and crystal clear food containers.
1.26 Wastt, tQ En-grgy-Eacft- 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.
TIME F R R ANCE: CONDITIQNS PRECEDENT
2.1 ff c iv . Except as otherwise provided for herein, the obligations of the parties
shall take effect on the date of execution hereof.
2.2 Conditions Pregrdenj. The obligations of the COUNTY and BFI hereunder are
subject to and conditioned on the following conditions precedent:
2.2.1 The terms and conditions of this Agreement are approved by the"Broward
County Resource Recovery Board.
2.2.2 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
Recyclables 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 2.2.2, the time period may be extended
as mutually agreed to by the parties.
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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 renewed for
additional terms not to exceed eight (8) years each upon such terms and conditions
as may be agreed to by the parties.
ARTICLE 4
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.
4.3 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:
(i) 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.
4.5 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 materia
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respects with the Specifications.
ARTICLE 5
RV E EMINIMUM T N MM
5.1 The COUNTY shall deliver Program Recyclables 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 Recyclables 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 Recyclables 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 arty 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 Recyclables
. delivered to BFI from any Residential Unit located in the County by any party. 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).
5.2 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 Recyclables
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 .................. $ 11057,000
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 aptomatically
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 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.
c) Revenue Share (RS) is defined to mean the COUNTY's 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 BE 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 County's 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.
5.3 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 rata share of the MTC. Payments made by the COUNTY
during such period shall be made based upon the rate of the VPF. BF1 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:
NSF-( A FPF + VPF) -.R
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yiATERIALS AC-EPTANCE• FACILITY OPERATION
6.1 Beginning with the Commencement Date, BFI shall during operating hours accept all
deliveries of Program Recyclables by the COUNTY. Deliveries of Program
Recyclables may only be rejected in the following events:
6.1.0 The materials are not sorted in accordance with the established sorting
protocol.
6.1.1 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 Recyclables 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 Recyclables 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 Recyclables 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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6.3 BFI shall inspect each delivery of Program Recyclables 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 removal 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 fluids
(thinners, glue, cleaning solvents, etc.) fuels, brake fluid, transmission fluid, and
aerosol cans.
6.5 BFI shall be solely responsible for processing all Program Recyclables 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 activity shall not exceed the proposed Residue
Allowance set forth in the BFI Proposal Form 2 ("Residue Allowance"). The quantity
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:
6.5.1 BFI shall bear the cost of transporting the Residue and Rejects, and
6.5.2 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 Recyclables 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.
6.7.3 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.
0 6.7.4 Document Recovered Materials' quality and marketability.
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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 a
period of five years thereafter or as required by the Public Records Law, whichever
is longer.
7.3 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.
IASMO
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.
FAIMS] �
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,
bfomrfsgr -11-
x-59-)5'?
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.
SMALL DISADVANTAGED BUSINESS ENTERPRISE
MEIRMATIVE ACTION PROGRAM BE AP
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.
10.1.3 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 parties on the progress of SDBE
participation commencing with the end of the first quarter of this
Agreement.
browmrf agr -12-
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ARTICLE Il
11.1 BFI will take precautions necessary and will bear sole responsibility for the safety and
adequacy of the methods and means employed in performing work. BFI 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.
INDEMNIFICATTON
• 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 any 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
fees, 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
any invention or patent, and from any and all suits and actions that may be brought
against COUNTY for the infringement of any and all patents or patent rights claimed
by any person, firm, or corporation and arising out of BFI's construction and
operation of the MRE
0
12.1.1 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
bm mdagr -13-
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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.
ARTICLE 13
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.
13.2 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.
13.3 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.
bra- m*f.+Br -14-
Broad Form Contractual Coverage applicable to this specific
g PP P
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 Liability
and Property policy, without restrictive endorsements, as filed by the Insurance
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.
135. 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.
0 brow-nrfagr -15-
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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_consttuction
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.
14.2 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 be made by the COUNTY.
14.3 The Performance and Payment Bond must be in such form and executed by a surety
company meeting the requirements of the RFP.
Raw- WMAW-8-1010
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 any
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.
brm-mrf agr
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FAM 1: -IFA
17.1 After Partial Utilization of the MRF(s), BFl shall conduct a Performance Test in
order to certify that the designed and installed system is capable of operating as
required by the RFP. 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:
17.1.1 Performance Testing shall be based on the first year MTC.
17.1.2 Performance Testing shall take place within 60 days of Partial Utilization
during a consecutive three-day time period as agreed to by the COUNTY
and BFI contract administrators.
17.1.3 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.
17.1.5 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.
17.1.6 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
0 bwwmr[.sgr -17-
(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 Recyclables
(without any requirement for BFI to purchase such ProgramRecyclables),
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 1.5
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 satisfied. 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.
ARTICLE 18
A ILI E N R I N TLME AND—D-AM&QE5 FOR DELAY
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 2.2.2 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
0 brcx%inr[.agr -18-
,;j4_V_/q7
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
COUNTVs 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.
PREVAILLNG WAGE RATES
19.1 Prevailing wage rates shall apply to this Agreement in accordance with Chapter 26.5
of the Broward County Code.
FMOST-Owl
0 FORCE „MAJEURE
is
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 4s
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:
brow mif agr
20.2.1 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;
20.2.2 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
-19-
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20.2.3 Acts of a public enemy, acts of war, terrorism, effects of nuclear radiation,
blockades, insurrections, riots, civil disturbances, or national or
international calamities.
20.3 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 -best
efforts to cure the event of force majeure. The parties agree that, as to this section,
time is of the essence.
ARTICLE 21
R INATI N FOR BREACH QR EVENT OF DEFALILT
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
party 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
is
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 party shall have
available all remedies in equity or at law.
U
21.2 The following events shall, without limitation, constitute a material breach or material
default by BFI for purposes of Section 21.1:
21.2.1 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.
21.2.2 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 part of its
nra mrt as* -20-
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property; shall be adjudicated insolvent; or shall take corporate action for
the purpose of any of the foregoing.
21.2.3 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.
nMSIRr:"A
MISCELLANEOUS
22.1 SUCCESSION QF AGREEMENT
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.
22.2 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.
• 22.3 SURVIVAL
Any rights either party may have in the event it terminates this Agreement pursuant
to the terms hereof shall survive such termination.
22.4 I PREPARATION
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.
22.5 RELAUQM1 IP
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.
22.6 EVEMER ASSURANCE
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
0 brawmrfagr -21-
give effect hereto. Accordingly, without in any 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 --of -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.
PA i • `
No waiver of any 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 which it relates and shall not be deemed to
be a continuing or future waiver.
22.10 RPAR
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 MENDER
All 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.
22.12 ENTIRE AQREEMFLIT AND MQDIFICATION
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
49 browmrtagr -22-
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determines, and the remainder of this Agreement shall be construed to be in full
force and effect. '
tEMM AM ,. Iti
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 V RNLA
W
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 its Chairman or Vice Chairman,
authorized to execute same by Board action on the �— day of ,
1992, and BROWNING-FERRIS INDUSTRIES OF FLORIDA, INC., signing by and through
its Vice President , duly authorized to execute same.
Ex-Officio Clerk of the
Board of County Commissioners
of Broward County, Florida
COXINTY
BROWARD COUNTY, through its BOARD
OF COU TY C MI SIONERS
By
Ch irman
day of a -el ;
Approved as to form by 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
Telecopi; r: (305) 357-7641
BY -W'
bmw mrLagr -23-
NOEL M. PFEFFER
Deputy County Attorney
kIR , I � - / 17 1 (
0
C�
r
AGREEMENT BETWEEN BROWARD COUNTY AND BROWNING-FERRIS
INDUSTRIES OF FLORIDA, INC. FOR MATERIALS RECOVERY FACILITY
.BFI
ATTEST: BROWNING-FERRIS INDUSTRIES OF
FLORIDA, INC.
As ' tant Secretary
[CORPORATE SEAL]
browmrf gr -24-
OV day of 4.�c`,4_% ve/Z'— , 1992