HomeMy WebLinkAboutCity of Tamarac Resolution R-91-067Temp. Reso. # 640,�
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R--91-�7
A RESOLUTION OF THE CITY OF TAMARAC, FLORIDA
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO
EXECUTE AN AMENDMENT TO THE AGREEMENT WITH
SOUTHERN SANITATION, A DIVISION OF WASTE
MANAGEMENT, INC. OF FLORIDA FOR NEWSPAPER,
GLASS AND ALUMINUM RECYCLING SERVICES,
PROVIDING FOR THE ESTABLISHMENT OF FEES AND
AUTHORIZATION REGARDING FUTURE INCREASES OR
DECREASES TO THE ORIGINAL FEE STRUCTURE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac has entered into a Joint
Recycling Program Interlocal Agreement with the Cities of
Coconut Creek, Lauderhill, North Lauderdale and Margate
(collectively known as the Joint Recycling Group Cities); and
WHEREAS, the Group Cities desire to amend the Residen-
tial Curbside Recycling Amendment with Southern Sanitation
Service (Contractor) to provide an expanded residential
curbside recycling collection service to include glass and
aluminum; and
WHEREAS, the City of Tamarac adopted Resolution No. R-
89-295 approving the agreement with Southern Sanitation
Service and the Group Cities for recycling; and
WHEREAS, the Group Cities and Contractor wish to amend
the terms and conditions of the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF TAMARAC, FLORIDA:
SECTION 1 : That the appropriate City officials are
hereby authorized to execute an Amendment to the Agreement
with Southern Sanitation, a Division of Waste Management,
Inc. of Florida for newspaper, glass and aluminum recycling
services. A copy of said Agreement is attached hereto and
I
NOTE. THE Ai IAC IFD Ali DNT27 WAS i�, _ TER EXECUTED BECAUSE IT IS PRESF,N` ,Y IN
LT77GATTON.
made a part hereof as "Exhibit 1".
SECTION 2 : That the initial fee to be charged for
services (as contained in the attached Agreement) is $.76 per
residential unit. Future increases or decreases to the
initial fee shall be authorized in accordance with the
Agreement provisions.
SECTION 3 : This Resolution shall become effective
immediately upon its passage.
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PASSED, ADOPTED AND APPROVED this_Z0 day of 1991.
ATTEST:
/12/.i . .
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved this RESOLUTION as
reso.so.sanita.
NORMAN ABRAMOWITZ
MAYOR
RECORD OF COUNCIL VOTE
MAYOR 115n AVM0. Vf 1'" 7--
D1$ T R,'GT 1,, ({ IIA KATZ
Csi°S= TIC T 2:
DISTrHiuT,,:
DISTRICT 4: Vl_N" N4�
NOTE: THE ATTACHED Ate' WAS NEVER EXECUTED BECAUSE IT IS PRESENTLY IN
LITIGATION.
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"EXHIBIT 1"
P. RESIDENTIAL CURBSIDE RECYCLING AGREEMENT AMENDMENT NO. 1
THIS AMENDMENT to the RESIDENTIAL CURBSIDE RECYCLING AGREEMENT dated
December 18, 1989 by and between the JOINT RECYCLING GROUP CITIES (hereinafter referred to
as "GROUP CITIES") and SOUTHERN SANITATION SERVICE (hereinafter referred to as
"CONTRACTOR"), a division of WASTE MANAGEMENT INC. OF FLORIDA made and entered into this
day of , 1990.
WITNESSETH:
WHEREAS, the JOINT RECYCLING GROUP CITIES wish to expand its recycling efforts by
adding glass and aluminum commodities for residential curbside recycling collection services; and
WHEREAS, the Residential Curbside Recycling Agreement requires the GROUP CITIES and
CONTRACTOR to negotiate revisions to the current agreement in the event additional commodities
are included In the residential curbside recycling collection services; and
WHEREAS, the CONTRACTOR and GROUP CITIES wish to setforth the terms and conditions
of the amendment to the agreement.
• NOW THEREFORE, for the mutual benefits and other considerations recited herein, the parties hereto
agree that the following sections of the original agreement dated December 18, 1990 are hereby
revised as follows:
SECTION 1: DEFINITIONS
Recyclable Materials: Initially, newspapers only; the materials may be expanded 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 sha-"e�ttled of -bundled using a
material aceeptable to the processing eenter and pleeed at cuibside of eeeh residential umit being
servieed- The recyclable, materials to be collected upon, the effective service date of Amendment
No. 1 shall expand by adding clear glass and aluminum containers. All recyclable materials shall
be placed in the ap2ropriate container or in the case of newspapers, tied or bundled and placed at
curbside of each residential unit bein serviced.
Contamination Ad ustment: CONTRACTOR guarantees that the ercenta a adjustment in tons for
contamination to the recyclable materials collected from curbside shall never exceed ten ercent
10% of the rosy tons of each material that is delivered to therocessin center. This guarantee
ap2lies on!to the Durbin Recycling facility.
Processing Center Location: The com ensation aid to the CONTRACTOR hereunder is based upon
delivery of the recyclable materials to a,,processing center located at the intersection of 1-95 and
Hammondville Road ZMartin Luther.Eing Boulevard in Pompano Beach Florida. This location is
Iseven miles from the midpoint of the service area. In the event the GROUP CITIES direct the
NOTE: THIS AMEND= WAS NEVER EXECUTED BECAUSE IT IS PRESENTL,Y IN LITIGATION.
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Residential Curbside Recycling Agreement
Amendment No. 1
Page 2
CONTRACTOR to deliver the recyclable materials to a location that is greater than ten (10) miles from
the midpoint of the service center, thantheGROUP CITIES shall reimburse the CONTRACTOR on
a monthly basis for the actual costs,
incurred by the CONTRACTOR for transporting the materials to
a more remote grocessing center.
SECTION 2: TERM OF AGREEMENT
The term of this Agreement shall be for a period of five-(5 years seven (7) years from the date of
execution of Amendment No. 1. The term of this Agreement shall be automatically renewed for like
terms hereafter unless either party shall give written notice of termination by certified mail to the
other party at least 90 days prior to the termination of the initial term or renewal term.
SECTION 3: SCOPE, OF SERVICES
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 faced in the appropriate
container 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.
SECTION 8: LABOR „COSTS, AND VEHICLES AND CONTAINERS.
d) The GROUP CITIES shall Provide the containers for the residents to place their recyclable
Dods forpick-up by the CONTRACTOR. CONTRACTOR a rees to rovide the a ui ment
and supervision at its sole_ expense and the GROUP CITIES agree to provide the manpower
to initially deliver the containers on behalf of the GROUP CITIES to all residents re wired to
participate in the program.
e) CONTRACTOR agrees to provide at no cost a thirty (30) yard roll off container to be placed
at a secured public facility in each one of the GROUP CITIES to collect recyclable materials
from other than single family homes. The cost of collection shall be at the expense of the
CONTRACTOR. CONTRACTOR shall collect the recyclable materials not more than twice a
month.
SECTION 9: 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
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
Code: Words in strikeout deletions.
Words in double underline additions.
Residential Curbside Recycling Agreement
Amendment No. 1
Page 3
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.
SECTION 12: RATES AND FEES
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 the following averages of total adjusted tons of
recyclable paper commodities per year for collection by CONTRACTOR provided the
CONTRACTOR Is collecting the commodities listed below:
Newspaper: .1310 ad; usted_tons of recyclable paper per vegLper unit
Aluminum: .0055 adjusted tons of recyclable, aluminum Per year per unit
Glass: .0164 adjusted tons of recyclable glass per year per unit
.1529 Total average_ adjusted tons of recyclable commodities per year per unit
In the event the average adjusted total tons per year is not collected by CONTRACTOR, during -any
the term of this Agreement
.1 the provisions outlined in paragraph 12c) for
. a rate adjustment shall be initiated by CONTRACTOR. For example: the total adjusted tons per year
for based �on 36000 units would be 55e0 5504 tons of recyclable newspaper aluminum and glass.
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 (deficit) x disposal fees -- 12 months
number of units
Example assuming see 8 5000 tons generated:
'W.95 IL.07 504 x $62.50
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.
Both parties agree that guy increase authorized in accordance with this section is subject to
the following limitations exclusive of any cost of living adjustments:
One year after the effective service date of Amendment No. 1 - No Increase
Second year after the effective service date of Amendment No. 1 - Limit to .93 month subject
to formula
Thereafter - No limitation - subject to formula
Code: Words in -strikeout deletions.
Words in double underline additions.
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Residential Curbside Recycling Agreement Page 4
Amendment No. 1
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. Except the GROUP CITIES shall share in fifty ercent 50% of the sale of
the material for all recyclable tons processed in excess of .1820 tons per unit per year times
the number of units billed by the CONTRACTOR. The CONTRACTOR shall remit this amount
to the group cities on the anniversa date of the effective date of this a reement.
Ilia
SECTION 13: COST OF LIVING ADJUSTMENT
Effective Janua 1 1992 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 24: 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% 2% 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.
IN WITNESS, WHEREOF, the parties hereto have set their hands as of this day of
1991 to this First Amendment to the Residential Curbside Recycling Agreement
dated December 18, 1989.
SOUTHERN SANITATION SERVICES,
a Division of Waste Management
Inc. of Florida
By:
Title:
Code: Words in -strikeout deletions.
Words in double underline additions.
Residential Curbside Recycling Agreement
Amendment No. 1
GROUP CITIES:
CITY OF COCONUT CREEK
By:
Title:
Approved as to form
and sufficiency:
CITY OF LAUDERHILL
By:
Title:
Approved as to form
and sufficiency.
CITY OF MARGATE
By:
Title:
Approved as to form
and sufficiency
CITY OF NORTH LAUDERDALE
By:
Title:
Approved as to form
and sufficiency:
CITY OF TAMARAC
By:
Title:
Attest:
Attest:
Attest:
Attest:
- Attest:
Approved as to form
and sufficiency:
If Version No. 1
WP/Recylamn.No1
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