HomeMy WebLinkAboutR-1992-165 r
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RESOLUTION NO. 165 -92
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A RESOLUTION OF THE CITY OF DANIA, FLORIDA
APPROVING THE AMENDED AGREEMENT BETWEEN CITY
OF DANIA AND INDUSTRIAL WASTE SERVICE, INC.
FOR FURNISHING SOLID WASTE AND CURBSIDE
RECYCLING COLLECTION SERVICES; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section 1 . That the certain amended agreement between
the City of Dania and Industrial Waste Service, Inc. for j
Furnishing Solid Waste and Curbside Recycling Collection
Services, a copy of which is attached hereto and made a part {{{
,i hereof as Exhibit "A", be and the same is hereby approved and
the appropriate city officials are directed to execute same.
Section 2 . That this resolutions shall be in force and
take effect October 1 , 1992.
PASSED and ADOPTED on this 8th day of December , 1992.
MAYOR-CORMISSIONER
ATTEST:
CITY CLERK- UDITOR
APPROVED AS TO FORM AND CORRECTNESS
By: Ct lcL�%
FRANK C. ADLER, CITY ATTORNEY
165-92
l Resolution No.
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CITY OF DANIA EXCEPTIONS, ADDITIONS, DELETIONS TO AMENDED
AGREEMENT BETWEEN CITY OF DANIA AND INDUSTRIAL WASTE SERVICE,
INC. FOR FURNISHING SOLID WASTE AND CURBSIDE RECYCLING COLLECTION
SERVICES.
ARTICLE 1
DEFINITIONS
1 . 1 Annexed Area: shall be the area set forth in Exhibit "A"
that is attached hereto and made a part hereof, a portion
of District 7 as defined in the Franchise Agreement.
1 . 2 City: shall mean the City of Dania, Florida, a municipal
corporation existing under the laws of the State of
Florida.
1 . 3 Franchise: shall mean the contract (agreement) executed
by and between the Board of County Commissioners of
Broward and Industrial Waste Service, Inc. , dated December
13, 1988, as amended from time to time for solid waste
services and the contract (agreement) dated March 26,
1991, for curbside recycling services as amended by and
between the CONTRACTOR and the CITY.
ARTICLE
ADOPTION OF FRANCHISE AGREEMENT
k
The CITY and CONTRACTOR have agreed to the continuation of
the Franchise for the annexed area pursuant to Florida Statute
171 . 062( 4 ) (b) , except for the following deletions, additions and
changes:
1 . Article 7, Term, is amended to read as follows: This
agreement shall commence at 12:01 on January 1 , 1992 and shall
terminate at 12 :00 midnight on December 31, 1996. (2nd Amendment
to County' s agreement)
2. Deletion of a of Article 9 for 1997 and 1998 - Payments
(2nd Amendment to County's agreement)
3. Article 6, Section 6.20 - Paragraph 2 shall be amended to
read as follows : It is understood the number of residential units•
attributed to the area in District 7 annexed to the City of Dania
is derived as a result of an annual computer printout of the City
of Dania utilities department and as agreed to between the parties
as of October 1 , 1992 and each year following thru September 30,
1995 . ( 2nd amendment to County' s agreement)
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4 . Deletion of the last paragraph of Section 6 . 20, Article 6
General Terms and Conditions which provides for reimbursement to I
CONTRACTOR for cost of audited financial reports . ( 2nd amendment
to County' s agreement)
5 . Article 6, Section 6 . 8 - This section shall be amended to
require that the general liability insurance policy include the
City of Dania as an additional insured. (Original County
agreement) "
6. Addition of the following: Contractor shall be paid for
i
providing services to the annexed area according to the terms of
the franchise. For purposes of future calculation of Residential
Units, the initial residential unit count is 1, 399 per City of
Dania computer printout. Either party may provide proof of the
Residential Units being serviced and payments shall be adjusted
accordingly.
Increases or decreases in units will be adjusted at the end of
each fiscal year ending September 30th.
7 . Addition of the following: The CONTRACTOR shall pay to
CITY any and all residential franchise fees for the annexed area
that prior to January 1 , 1992 were paid to the county as covered
in Article 5, Annual Fees.
f
j 8. Deletion of Article 13 Recycling, Article 14 Financial
j Records and Reports except for the last paragraph of that article
and Article 15 Generation Study. (2nd Admendment to County' s
agreement)
9 . Addition of the following: The CONTRACTOR shall pay CITY
commercial franchise fees pursuant to the CITY commercial
franchise ree rate. f
10. All notices to the CITY shall be addressed to:
Robert Flatley, City Manager � . .
City of Dania
100 West Dania Beach Boulevard
Dania, Florida 33004 { _
The CITY and CONTRACTOR have agreed to the cost of
residential solid waste service to be $19 .06 per residential unit {
and basic recycling service is $2 . 34 per residential unit. This
upon a disposal price is predicated al cost of $63.40 a ton and will
be paid and adjusted pursuant to the terms of Franchise. This
rate will be effective as of January 1 , 1993 .
IN WITNESS WHEREOF, the parties have hereto made and executed this
agreement on the respective dates under each signature: DANIA
through its City Commission, acting through its Mayor, authorized
to execute same by City Commission action on the day of
1992, and INDUSTRIAL WASTE SERVICE, INC. by and
zed to execute same.
through its officers duly authori
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CITY OF DANIA, a municipal
corporation of the State of
Florida
�/ A I
By: �fX�
Sill de
Mayor-C mmi sioner
Attest: By°
Rob rt F. Flat ey
City Manager
Wanda Mullikin
City Clerk-Auditor
APPROVED AS TO FORM AND CORRECTNESS
Frank C. Adler, City Atto/lrney
DATED this R day of 1992. >
INDUSTRIAL WASTE SERVICE, INC.
By:
Vice-President II
Attest: {.
Secretary
DATES this day of , 1992 .
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FIRST AMENDMENT
to
AGREEMENT
Between
BROWARD COUNTY
and
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INDUSTRIAL WASTE SERVICE, INC.
FOR FURNISHING SOLID WASTE COLLECTION SERVICES
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EXHIBIT "All , F ;
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FIRST At F:ND}•T":T
l to
AGREEMENT
Between
BROWARD COUNTY
and
INDUSTRIAL WASTE SERVICE, It4C.
FOR FURNTS11ING SOLID WASTE. COLLECTION SERVICES
This is a First Amendment to the Agreement between BROWARD
COU44TY ("COUNTY") , a political subdivision of the State of Florida, _
its successors and assigns, and INDUSTRIAL WASTE SERVICE, INC. ,
("CONTRACTOR") , its successors and assigns.
'. i WITNESSETH, in consideration of the mutual terms and
conditions, promises, covenants set forth, COUNTY and CONTRACTOR
hereby agree to amend the Agreement for Furnishing Solid Waste
Collection Services, dated December 13 , 1988 , as follows:
1 . Delete Article 9, Adjustment of Payments, and replace it with
the following:
The Contract Administrator shall review the payments which
COUNTY is required to make to CONTRACTOR and shall recommend
to COUNTY that such payments be either increased, decreased,
or unchanged for the remainder of the Agreement term effective
July 1, 1990. Any payment adjustment recommended by the
Contract Administrator shall be based upon the financial data
compiled by CONTRACTOR pursuant to Article 14 . If the
financial data is not in accordance with Article 14 , COUNTY
shall have the right to terminate this Agreement.
Thereafter, upon completion and receipt of the Generation
Study, the Contract Administrator shall again review the
financial data , the Generation Study and both payment
components (Section 6. 20, Collection and Disposal portions) ,
and shall recommend that such components of payment be either
increased, decreased or unchanged for the remainder of the
Agreement term.
The Contract Administrator shall provide notice to CONTRACTOR
of the payment adjustment recommendation based upon the j
financial data within forty-five (45) days from the effective I •
date of this Amendment; thereafter, the Contract Administrator f{
shall provide notice to CONTRACTOR of the payment adjustment
recommendation within thirty (30) days from completion and
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receipt of the Generation Study. Within thirty ( 10) days of i
receiving the respective notices, CONTRACTOR must notify the -
; ;:¢ Contract Administrator in writing that it .:ill accept the
payment adjustment recommended by the Contract Administrator,
1:. if approved by COUNTY, or terminate this Agreement, provided,
CONTRACTOR may appear before COL^ITY and state any objection I{
it has to the recommended adjustment prior to expiration of
the thirty (30) • day period. The failure of CONTRACTOR to
notify the Contract Administrator within forty-five (45) days
that it will not accept the recommended adjustment or
:j terminate the Agreement shall be construed as an election to
continue.
Any adjustment to any payments will be retroactive to July 1,
1990 and shall be in a form mutually agreed to by the
parties, provided that, the form of payment shall be either
lump sum or a schedule of payments not to exceed an eighteen E
(18) . month payment term. Interest on any amounts �.
retroactively due and to be paid pursuant to a schedule of
payments shall be negotiated by the Contract Administrator and
CONTRACTOR.
2 . A11••other terms and conditions of the Agreement shall remain
in full force and effect.
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 COU14TY COMMISSIONERS, signing
by and through its hair, authoriz to execute same by Board
action on the _� day of ( c-Li 19 f�, and
INDUSTRIAL WASTE SERVICE, INC. , ; ign{ng by and through its
President who is duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
Q
County A ministrator an y \ / / _l /���' pez 2.k4A' .�
Ex-Officio Clerk of „w�«N•.. LORI/ 1IAZICE PARRISH Chair '
the Board of Count�r'''
Commissioners of �B,.q wztrd•••••.�`S/O -y r /�
County, Florida ,;`J�� ; _ day of `7, 19
O : CREATED N
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FIRST AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND INDUSTRIAL
WASTE SERVICE, It,C. , FOR FURNISHING SOLID WASTE COLLECTION SERVICES
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
1 Fort Lauderdale, Florida 33301 -
j Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
MICHAEL J. KERKi 7
Assistant CoundYy Attorney
r.
CONTRACTOR
4
ATTEST: INDUSTRIAL WASTE SERVICE, INC.
Secretary By John F. Fortin Vice-President
I`l (Type name and Title)
(CORPORATE SEAL)
day of % 19_.
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02/07/91
#88-186.01
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• 15C-91 •
RESOLUTI014 NO.
A RESOLUTION OF THE CITY OF DANIA, FLORIDA
APPROVING THE AGREEMENT BETWEEN CITY OF DANIA
AND INDUSTRIAL WASTE SERVICE, INC. FOR
FURNISHING SOLID WASTE AND CURBSIDE RECYCLING
COLLECTION SERVICES; AND PROVIDING FOR AN
EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That the certain agreement between the City of
Dania and Industrial Waste Service, Inc. , for Furnishing Solid
Waste and Curbside Recycling Collection Services, a copy of which
is attached hereto and made a part hereof as Exhibit "A", be and
the same is hereby approved and the appropriate city officials are £.
directed to execute same. '
'
Section 2 . That this resolution shall be in force and take .ys;
effect immediately upon its passage and adoption.
r
PASSED and ADOPTED on this 17th day of December 1991 .
I . v
MAYOR-CO ISS ONER
ATTEST:
CITY CLERK-AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
FRANK C. ADLER, City Attorney
di
150-91
Resolution No.
EXHIBIT
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1 . 1 Arne-ed Area : shall be the area set forth in Exhibit
"A" that is attached hereto and made a part hereof , a
,
District 7 as defined in the
portion _ Franchise
Agreement .
1 . 2 City: shall mean the City of Dania. Florida , a
municipal corporation existing under the laws of the
State of Florida.
1 . 3 Franchise : shall mean the contract (agreement)
executed by and between the Board of County
Commissioners of Broward and Industrial Waste Service.
Inc . , dated December 13 , 1988 . as amended from time to
time for solid waste services and the contract
(agreement) dated March 26 , 1991 , for. Curbside
recycling services as amended by and between: the
CONTRACTOR and the CITY.
ALTLr.11Es
a OPTION OF FRA2IGIITSE AGREEMENT i
The CITY and CONTRACTOR have agreed to the
continuation of the Franchise for the annexed area pursuant to'
Florida Statute 171 . 062(4) (b) , except the following:
1 . The last paragraph of Section 6 . 20 which
provides for reimbursement to CONTPACTOR for cost of
audited financial reports .
2 . Contractor shall be paid for providing
services to the annexed area according to the terms of
the franchise . For purposes of future calculation of
Residential Units the initial residential unit count
is 1327 per Broward County figures . Either Party may -
provide proof of the Residential Units being serviced
and payments shall be adjusted accordingly. Such
payment adjustment will be calculated from the date
thirty days after a submission of an accurate
Residential Unit count and shall continue forward
until such date as a new and accurate Residential Unit
count is submitted .
3 . The CONTRACTOR shall pay to CITY any and all
residential franchise fees that prior to January 1 ,
1992 , were paid to county.
4 . Deletion of Article 13 Recycling , Article 14 j
Financial Records and Reports except for the last II
paragraph of that Article , and Article 15 Generation
Study .
5 . The CONTRACTOR shall pay CITY commercial
franchise :ees pursuant tol��J <<�mercial
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franchise fee rate . 1 1 4 . .
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6 . All notices to the C.TY shall be addressed to: y
Robert Flatlev , City Manager f�
-4 ty of Dania
.00 'des-, Dania Beach Boulevard
Dania , Florida 33004
The CITY and CONTRACTOR have agreed to the cost of
` y residential solid waste service to be $18 . 76 a residential unit
i and basic rec_,clirg service is $2 . 25 a residential unit . This
price io predicated upon a disyusdl cost of 562 . 50 a ton and
will be paid and adjusted pursuant to the terms of Franchise .
IN WITNESS WHEREOF, the parties have hereto made and
executed this agreement on the respective dates under each
signature : DANIA through its City Commission, acting through
its Mayor , authorized to execute same by City Commission action
on the day of December , 1991 , and INDUSTRIAL WASTE
SERVICE, INC. , by and through its officers duly authorized to
'execute same .
a
CITY OF DANIA, a municipal
corporation of the State of
Florida
11
By:
Robert Mikes,
I
Mayor - Commissioner
Attest :
By: /
Robert F. Flatley f
City Manager
Wanda Mullikin
City Clerk-Auditor
APPROVED AS TO FORM AND'
CORRECTNESS !fi
Bv: 6nJ�i C C I
j Frank C . Adler , City Attorney
DATED this J Z��` day of December , 1991 .
INDUSTRIAL WASTE SERVICE,SERVICE, INC.
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Attest : BY -�� C-ST��-.�� ,
Vice-President
S retary
DATED this -7— day of :74 .val,_7. 1992. EXHIBIT "An
—77
SECOND AMENDMENT
to
,! AGREEMENT
Between :
BROWARD COVNTY
f and
1
INDUSTRIAL WASTE SERVICE, INC. j
j
1 OR FURNISHING SOLID WASTE COLLECTInw EERVICES
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SECOND AMENDMENT
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AGREEMENT
Between
BROW/ED CDUNSY t
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and
INDUSTRIAL WASTE SERVICE, INC.
FOR csrNC S OLID WASTE * * rrmr0 cFRVICES
This is a Second Amendment to the Agreement between: BROWARD
COUNTY, a political subdivision Of the state of Florida,
hereinafter referred to as ,COUNTY, "
AND
INDUSTRIAL WASTE SERVICE, INC. , its successors and assigns,
hereinafter referred to as CONTRACTOR•°n
in consideration of the mutual terms and
WITNESSETH, COUNTY and CONTRACTOR
promises, covenants set forth,
l conditions, the Agreement for Furnishing a solid
Waste
hereby agree to amend ,
dated December 13, 1988
Collection Services, f
i 1 • Article 1, DEFINITIONS, is amended to read as follows:
is deleted in its entirety.
a• Section 1.13
l
b• Section 1. 15 is amended to read as follows:
1. 15 hult ` - ;?y Dweller shall mean a residential
building which contains more than ten (10) living
it
dwelling shall not include a
Multi-family
uni
ts. ark.
mobile home that is in a mobile home p
C. A new Section 1.25 is created to read as follows:
Tiap`e Surcharge_ shall mean that portion of
1.25
the tipping fee which is established by the
Resource Recovery Board and is limited to the I
funding of the following programs:
(1) Trash transfer facilities. rams.
(2) Household hazardous waste rog
(3) Countywide recycling programs.
(4) Material Recovery Facilities.
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EXHIBIT
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2 . Sectionan. 20 Of toread as Article ,followAL TERMS A17D CONDITIONS, is
6. 20 As provided in Article 3 above, the CONTRACTOR shall
perform the required services within District 7 for
all Residential Units entitled to Residential Collection
Service. A payment for each year as shown in Article 9,
payments, for each such Residential Unit assessed on the
Broward County garbage and trash assessment rolls (s)
shall be paid to the CONTRACTOR for this service.
Payments are comprised of a collection portion, a
disposal portion and a one-time adjustment as provided
for herein. This payment is due on or before the
fifteenth day of the month in which the service is
provided.
It is understood that the number Residential
is derived as a result
Units attributed to District _7
of the most recent Board County garbage and trash
assessment roll(s) as compiled by the Broward County
Property Appraiser's Office and as annually updated by
d County Office o
the Browarf Integrated Waste Management,
rRecycling and Contract Administration Division. An
a adjustment will be made to the number of Residential
Units and to the payments as of January 1 of each year
beginning January 1, 1991. Each adjustment shall be made
1 by the COUNTY within sixty (60) days of the date the
I Contract Administrator receives the applicable year's
January 1 assessment roll information.
Any revision of the Residential Unit payment will be
calculated by multiplying the collection portion of the
current payment by the percentage change in the Consumer
Price Index (CPI) for all urban consumers, Miami, allas issed i.
j items (1967 = 100) or successor reports Bureau uof the
United States Department of Labor,
lve (12) months through
ember
St0atistics, for the
No CPI revisions wtwe ill be made until January 1i,t 1996.
3 .
The collection portion of the Residential Unit payment
must be added to the above CPI adjustment together with
the disposal portion to calculate any new Residential
Unit payment amount. The collection portion and disposal
portion shall be calculated on the information provided
in Article 9.
ants who have requested and are
For handicapped occup
receiving rear door collection service, the CONTRACTOR
will be paid an additional
monthfee
for such Residential Unit.
five Cents ($1.75) p
_2-
EXHIBIT "/j
payments will be made during the first fifteen (15) days -
of each month following service.
In addition, the COUNTY shall reimburse theearCONTRACi'TORR
for the cost of the first three (7) y to a maximum
financial report required by Article 14 , up
amount of Twenty-five Thousand Dollars ($25,000.00) per
year. The reimbursement shall be made within a
t for the
reasonable time after delivery of artialaworkncompleted
audited financial report and any p
to the Contract Afor suchr and his reimbursement receipt
efrom of the
written request
CONTRACTOR.
3 . Section 6. 21 of Article 6 is amended to read as follows:
6. 21 The Contract Administrator shall make its best efforts to
notify the CONTRACTOR, in writing and in advance, of
increases in tipping fees at Designated Disposal
which the COUNTY NTY owns or which is operated
y increase
pursuant to an agreement with the COUNTY.pursuant to this
in the charge incurred by the CONTRACTOR p y
Agreement as a result of tipping fee increases at theAl
r ,l CONTRACTOR'S Designated Disposal Facility including
the
imposition of a tax or surcharge, require
I simultaneous adjustment in the service fees paid to the
I CONTRACTOR, provided the CONTRACTOR shall be responsible yy
for ascertaining and complying with any prerequisites
which would exempt the CONTRACTOR from such tax or
surcharge. All changes in tipping fee associated with
surcharges or taxes will be based on 1. 661 tons/unit.
The CONTRACTOR shall not be entitled to receive an
adjustment in its service fees where an exemption was
available and the CONTRACTOR failed to comply with the
prerequisites for obtaining the exemption. Such
adjustment shall be calculated by the use of a formula
provided for a per month change to the CONTRACTOR for
each $1 .00 per ton change in the disposal fees and shall
be calculated on the disposal tonnage per unit given in
Article 9 for each year. By way of illustration, 17C4. 00
per ton increase when the tonnage is 2 .025 p
er
$1.00 and would result in an increase in the fee paid to
the CONTRACTOR tonsoper/un th the cost7would be 14.58333
i tonnage is 1, `r
cents or $0.58/month per unit. i
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EXHIBIT "A''
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4 . Article 7, TERM, is amended to read as follows:
This Agreement shall commence at 12 :01 a.m. on January 1,
(r'-- 1989, and shall terminate at 12 : 00 midnight on December
31, 1998.
5. Article 9, ADJUSTMENT OF PAYMENTS, is amended to read as
follows:
ARTICLE
PAYMENTS
Payments pursuant to this Agreement shall be made in the
following manner and shall include the following assumptions:
a. (1) Payment for June 1 , 1992 , will be $18.49
a unit per month.
(2) Assumes disposal cost of $62 . 50 per ton with any I
increase in disposal cost calculated at 1. 93 tons I
per unit. L,
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i b. (1) Payment for 1993 will be $19. 40 per unit per month.
(2) Assumes estimated disposal cost of $65. 63 per ton
(to be adjusted to the actual cost) with any change
in disposal cost calculated at 1.835 tons per unit.
iThe collection cost also includes a one-time
adjustment of $. 50.
C. (1) Payment for 1994 will be $20. 54 per unit per month.
(2) Assumes estimated disposal cost of $68.75 per ton
(to be adjusted to the actual cost) with any change
in disposal cost calculated at 1.74 tons per unit.
The collection cost also includes a one-time
adjustment of $1. 00.
d. (1) Payment for 1995 will be $22 .76 per unit per month.
(2) Assumes estimated disposal cost of $72. 18 per ton
(to be adjusted to the actual cost) with any change
in disposal cost calculated at 1. 70 tons per unit.
The collection cost also includes a one-time
adjustment of $2. 00.
e. For the years 1996, 1997, and 1998, the collection cost
shall be calculated pursuant to the previous year cost
plus CPI and any disposal cost increases. The estimated
disposal cost of $72. 18 per ton (to be adjusted to the
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EXHIBIT "A"
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actual cost) shall be calculated utilizing 1. 661 tons per -
unit.
One- Disposal
Time Pass Thru
Date gollection Disposal Adiust. Calc• Total
Commencing
FY 92 $10.05 0 1.93 tons $18.49
$8 . 44 0 1. 93 tons
x 62 . 50 + 12 No CPI
FY 93 $10.04 .50 1.835 tons $19.40
$8. 86 = 1. 835 tons
x 65.63 + 12 No CPI
FY 94 $9.97 1.00 1.74 tons $20.54
$9 . 57 1.74 tons
x 68 .75 + 12 No CPI
FY 95 $10. 23 2 . 00 1.70 tons $22.76
$10. 53 1. 70 tons
x 72 . 18 + 12 No CPI
FY 96 + CPI +1. 661 tons Collection+
for any increase Disposal + ((
CPI
FY 97 + CPI +1 . 661 tons Collection+
for any increase Disposal +
CPI
FY 98 + CPI +1 . 661 tons Collection+
for any increase Disposal +
CPI '
6. The second paragraph of Article 13, RECYCLING, is amended to
read as follows: Ilt!
If a recycling program for Residential Units in District 7
is implemented by the COUNTY, the COUNTY shall be able to
reduce the tipping fees in District 7 for such 4 '
identifiable reduction of material in Distr ct 7 waste
stream, which would otherwise be payable to the CONTRACTOR, i
based on the amount and weight of material which has been f -
removed from the waste stream as a result of recycling. The
COUNTY shall be required to produce adequate records to the
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EXHIBIT "Ay?
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CONTRACTOR to document the amount and weight of the recycled
material removed from the waste stream.
7. Article 14 , FINANCIAL RECORDS AND REPORTS, is amended to read
as follows:
i
The CONTRACTOR shall keep financial records to properly
reflect its financial operations and financial condition.
The CONTRACTOR shall specifically maintain original or legible
copies of all disposal tickets for a period of six months
which shall, at a minimum, reflect the net weight, or, if not
s available, the volume of waste, place and date of disposal.
The COUNTY reserves the right to examine, audit, and review
any and all records relating to this Agreement at any time
during normal business hours upon giving reasonable notice.
S. Article 15, GENERATION STUDY, is deleted in its entirety.
9. All other terms and conditions of the Agreement shall remain
in full force and effect.
i
IN WITNESS WHEREOF, the parties have made and executed this
Second Amendment to Agreement on the respective dates under each
signature: BROWARD COUNTY through its BOARD OF COUNTY COMMIS-
SIONERS, signing by and through its Chairman or Vice Chairman,
au t o ized to execute same by Board action on the �dL day of
1 L!.< 19 92 and INDUSTRIAL WASTE SERVICE, INC. , signing
by and(-through its , duly authorized to execute same.
COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COMMISSION RS
Odin y i is r,itoY a By
Ex-Of ficio,-`�letk• of••:;�Q.� Cha rman
the Board.;:oi'County '•, V
Commissioneis of-Browarii if'•= /
County, Florida " .�j /� day of , 19
0.:'• 5 I
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' EXHIBIT "Aly
a
SECOND AMENDMENT TO AGREEMENT BETWEEN BROWARD COUNTY AND
INDUSTRIAL WASTE SERVICE, IIIC FOR FURNISHING SOLID WASTE
COLLECTION SERVICES
Approved as to fora 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
Telecopier: (305) 357-7641
By
NOEL M. PFEFFER
Deputy County Attorney
CONTRACTOR
ATTEST: INDUSTRIAL WASTE SERVICE, INC.
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EXHIBIT "A"
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AGREEMENT
Between
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BROWARD COUNTY
and
INDUSTRIAL WASTE SERVICE, INC.
for
FURNISHING SOLID
WASTE COLLECTION SERVICES
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This is an Agreement dated the day of
1988, between: BROWARD COUNTY, a political subdivision of the State
of Florida, its successors and assigns, hereinafter referred to as COUNTY, f
through its Board of County Commissioners,
AND
Industrial Waste Service, Inc. , its successors and assigns, herein- 1 .
after referred to as CONTRACTOR. 1'
W I T N E S S E T H, in consideration of the mutual terms and
conditions, promises, covenants and payments hereinafter set forth,
COUNTY and CONTRACTOR hereby agree as follows:
ARTICLE 1
DEFINITIONS
1 .1 Biohazardous Waste shall have the meaning set forth in Section
1 403.703, Florida Statutes. II`
1 .2 Commercial Collection Service shall mean all collection and disposal
of Commercial Solid Waste, other than Residential Collection f
Service as hereinafter defined, and shall include, but is not limited
to, roll-off container service, collection and disposal from commer-
cial and industrial establishments, all contiguous Multi-Family
Dwellings having ten (10) or more dwelling units in a single
structure or Condominiums having ten (10) or more dwelling units
in a single structure and mobile homes located in mobile home
parks.
�HIBIT "A,.
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1 1
1 .3 Commercial (-ontainer shall mean all roll-off containers and any
container of one tl ) cubic yard or more designed or intended to be
mechanically dumped into a loader packer type garbage truck.
1 .4 Commercial Solid Waste shall mean garbage, trash, rubbish, can-.
struction and demolition debris as defined in Section 403.703,
Florida Statutes, and other discarded items resulting from the
normal activities , of a commercial enterprise, contiguous Multi-
Family Dwellings having ten (10) or more dwelling units in a single
structure or Condominiums having ten (10) or more dwelling units
in a single structure and mobile homes located in mobile home
parks, excluding Hazardous Waste and Biohazardous Waste.
1 .5 Condominium shall mean a unit of any residential condominium as
defined in Chapter 718 of the Florida Statutes.
1 .6 Contract Administrator shall be the County Administrator as
appointed under the Charter of Broward County or his designee.
1 .7 Contract (or Agreement) shall mean this document, including any -
written amendments hereto and other written documents which are
expressly incorporated herein by reference.
1.8 CONTRACTOR shall mean Industrial Waste Service, Inc. , including
its employees, servants, partners, 'principals, and agents.
1 .9 COUNTY shall mean the Board of County Commissioners of Broward
County.
1 .10 Designated Disposal Facility shall mean the place or places
specifically designated in writing by the Contract Administrator for
the disposal of solid waste.
1 . 11 Garbage shall mean all kitchen and table food waste, animal or
vegetative waste that is attendant with or results from the storage,
preparation, cooking or handling of food materials.
1 . 12 Garbage Receptacle shall mean any commonly available light gauge
steel, plastic, or galvanized receptacle of a non-absorbent material,
closed at one end and open at the other, furnished with a closely
fitted top or lid and two (2) handles. A receptacle also includes a - <
heavy duty, securely tied, plastic bag designed for use as a garbage
receptacle. Any receptacle including waste materials shall not
exceed thirty-two (32) gallons in capacity or fifty (50) pounds in
? weight.
1 . 13 Generation Study refers to a written final document or final report
{ which is expected to be prepared by a firm whose compensation is
shared by both the COUNTY and the CONTRACTOR and which final
document or final report identifies the features, characteristics, and
amounts of all Residential Solid Waste in the Unincorporated Area.
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d � 114 Haz_a_rdous Waste shall have the meaning set forth in Sec-:on ;
•103M3, I'forlca Statutes,
1 1 . 15 hiulti-Family Dwelling sha}l omean a residential building which
contains more than owe (lYliving units, Multi-family dwelling shall :NNf I,
i not include a mobile home that is in a mobile home park. Y pf I
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1 . 16 Residential Collection Service means collection and disposal of
Residential Solid Waste, White Goods and Furniture, Yard Trash-
Regular, and Yard Trash-Bulk from Residential Units. Residential
Collection Service shall be mandatory in the Unincorporated Area.
1 . 17 Residential Solid Waste shall mean garbage and other discarded
items resulting from the normal housekeeping activities of a
Residential Unit.
1 . 18 Residential Unit shall mean one Single Family Dwelling or one
living unit of a Multi-Family Dwelling having less than ten ( 10)
living units in a single structure. Residential Units shall include
the following types, together with the land User Codes employed by
the Broward County Property Appraiser:
Property Type User Code
Single Family 01
Multi-Family (9 units or less) 08
1 .19 Service Area refers to that portion of the unincorporated area of
the COUNTY described as District 7 on Exhibits "A" and "B."
1 .20 Single Family Dwelling shall mean a residential building which is
one living unit, but shall not include mobile homes within a mobile
home park or residences which have been previously determined by
the Contract Administrator to be exempt from the special assess-
ment levied to pay for services provided under this Agreement prior
to July 1, 1988.
1 .21 Unincorporated Area shall mean the lands within the boundaries of
Broward County, Florida, which are outside of municipal limits and
which are not subject to the jurisdiction of a municipality.
j 1 .22 White Goods and Furniture means discarded refrigerators, ranges,
washers, water heaters, and other similar domestic appliances; and
household furniture generated by that residential unit.
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1 .23 Yard Trash-Regular shall mean vegetative matters resulting from
yard and landscaping maintenance and shall include materials such
as tree and shrub trimmings, grass clippings, palm fronds or small
tree branches which shall not exceed four (4) feet in length and
four (4) inches in diameter. Such trash shall be bundled or placed stiff
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XHIBIT «A„ ::
, in Garbage Receptacles. No bundle or filled container shall exceed
fifty (5o) pounds in weight.
1 .24 Yard Trash-Bulk shall mean large cuttings of vegetativ6 and wood
matter which are part of normal yard maintenance. Yard Trash
Bulk shall be of a type as to be readily handled by the mechanical
equipment of the CONTRACTOR. Yard Trash-Bulk does not include
any excessive form of matter or debris resulting from land clearing,
land development, osh-
r major building demolition debris . Yard Tr.
Bulk does not include automobiles and automotive components, boats
and internal combustion engines. In the case of a dispute between I -
the CONTRACTOR and a customer as to what constitutes Yard
Trash-Bulk, the dispute will be reviewed and decided by the
I Contract Administrator subject to review pursuant to Section 6. 19.
/ Al� ARTICLE 2
SERVICE DISTRICTS
The Unincorporated Area (less any area annexed in the future)
lying in Districts 1 , 2, 3, 4, 5, 6, 7, and B, as described on the attached I-
Exhibit "A," is established and approved by the Broward County Board of � .
County Commissioners for Residential Collection Service and Commercial j
Collection Service. A map depicting the Districts is attached hereto and
made a part hereof as Exhibit "B." Should any District decrease, whether
through municipal annexation or otherwise, the annual fees as set forth
in Article 5 and the compensation as set forth in Article 6, Section 6.20 •
shall be adjusted based upon the number of Residential Units deleted from
the District, if any, by the change in boundary. The execution of this ,
Agreement shall not constitute a waiver by the CONTRACTOR of any
i rights granted by Section 171 .062, Florida Statutes.
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ARTICLE 3
COLLECTION SERVICES
3.1 It shall be-the exclusive right and obligation of the CONTRACTOR
to provide Residential Collection Service to all Residential Units
within District 7. The CONTRACTOR shall also have the
nonexclusive right to offer Commercial Collection Service in any of
the Unincorporated Area.
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1 3.2 The CONTRACTOR shall be solely responsible for billing and
collecting from its Commercial Collection Service customers. Only
persons or firms having a valid contract with the COUNTY to
provide Residential Collection Service may provide Commercial
Collection Service in the Unincorporated Area.
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3.3 The COUNTY shall use its best efforts to prohibit unauthorized 1
persons frcm engaging in Residential Collection Service or Commer-
cial Collection Service within District 7 . The determination of
what shall constitute the COUNTY's "best efforts" shall be mace
solely by the Contract Administrator and such determination shall
be conclusive of the COUNTY's compliance or failure to comply
with this Section 3.3. Any determination that the COUNTY has
not complied with the requirement of this Section shall not entitle i
the CONTRACTOR to receive damages from the COUNTY.
ARTICLE 4
ASSIGNMENT OF D!STr<ICT
The UNincorporated Area in District 7 (less any area annexed in
the future) is assigned to the CONTRACTOR for the purpose of providing ' ` r
Residential Collection Service to all Residential Units.
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ARTICLE 5
t: ANNUAL FEES
5.1 Residential Franchise Fee
The CONTRACTOR shall pay a residential franchise fee to the
COUNTY for the exclusive right to furnish Residential Collection
Services to Residential Units in the Unincorporated Area of District
7• The residential franchise fee shall be determined by multiplying
the number of such Residential Units within District 7 by the unit
price described below in 5.1 .2. An annual CPI adjustment effective
on the first day of January for each year (excluding January 1,
1989) shall be made to the unit price before calculating the fee.
Such CPI adjustment shall be calculated as follows:
5.1 .1 Multiply the unit price by the percentage change in the
Consumer Price Index (CPI) for all Urban Consumers,
Miami, all items (1967 = 100) or successor reports as
issued by the United States Department of Labor, Bureau
of Labor Statistics, for the twelve (12) months preceding
January 1 to calculate the CPI adjustment; and
5.1 .2 Add the unit price and the above CPI adjustment to
determine the new unit price.
The initial fee and unit price for District 7 shall be
6,306 Residential Units at a unit price of Two Dollars
and Twenty-two Cents (52.22) for an Annual fee of
Thirteen Thousand Nine Hundred Ninety-nine Dollars and 4
Thirty-two Cents ($13,999.32) .
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�: C:HIBIT "A„
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The residential franchise fee shall be based upon the
total number of Residential Units within District 7 which
are specially assessed on the Broward County tax roll and
those from which the CONTRACTOR collects pursuant to
Broward County Ordinance Number 88-4. An annual
adjustment will be made to the Residential Unit count for
each calendar year that this Agreement is effective
pursuant to Section 6.20. Payment pursuant to the
adjustment shall be made within sixty (60) days of the
date the Contract Administrator sends the applicable
year's tax roll information to the CONTRACTOR. Except _
as otherwise provided by this Agreement, no adjustment to
the Residential Unit count for purposes of making pay-
ments shall be made.
5.1 .3 The COUNTY shall receive credit for the residential
franchise fee on a monthly basis by a reduction to the
total monthly amount of the fee due the CONTRACTOR as
provided for in Section 6.20 of this Agreement.
For those Residential Units which are not on the tax roll,
the CONTRACTOR shall report each month to the
Contract Administrator (on a form prescribed by the -
Contract Administrator) the amount of the residential
franchise fee from Residential Units serviced from which
payment has been receive together with the required
payment. Such payment and the report, together with the
commercial franchise fee required by Section 5.2, shall be
filed with the Contract Administrator.
5.2 Commercial Franchise Fee
Commercial Fees
The sums billed and collected pursuant to this provision shall be
known as the "commercial franchise fee." The commercial franchise
fee shall be separately delineated on the billing statement delivered
to those customers receiving Commercial Collection Service who
are obligated to pay the commercial franchise fee. The commercial
franchise fee calculation shall not include charges for equipment
rental but instead shall be based on charges for services only.
The commercial franchise fee shall be effective beginning January
1, 1989. For the privilege of engaging in Commercial Collection
Service in the Unincorporated Area of Broward County, the
CONTRACTOR shall pay, no later than the fifteenth day of each
month, a commercial franchise fee based upon the following
formula:
The commercial franchise fee payable to the COUN-
TY shall equal ten (10) per cent of total monies or
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` equivalent value received for Commercial Collection
Service. The calculation of total monies or equivalent
value received shall not include sums received in
payment of the commercial franchise fee. The {,
commercial franchise fee shall not be charged or
collected for roll-off container collection or disposal
" service (or both) when provided to an on-going
construction site. However, the commercial franchise
fee shall be charged and collected for all other roll-
off container collection or disposal service (or both) .
CONTRACTOR shall provide the Contract Administrator with the
following information, no later than the fifteenth of each month, in F
order to determine the applicable franchise fee:
1 . The total gross billings during the preceding month and the
year-to-date total for Commercial Collection Service; and „' t
2. The total gross amount of monies collected or value received
during the preceding month and the year-to-date total for f
i Commercial Collection Service. f
Such information shall be updated on a monthly basis and acknow-
ledged as true and correct by the CONTRACTOR in a notarized
written certification.
5.3 Annual Truck Fee
+ 5.3.1 The CONTRACTOR shall also pay an annual truck fee of
One Thousand Dollars ($1 ,000.00) for each truck used
exclusively for Residential Collection Service and an
annual truck fee of One Thousand Dollars ($1 ,000.00) for .
each truck used exclusively for Commercial Collection
Service. If a truck is used within the Unincorporated
Area for both Residential Collection Service and Commer-
cial Collection Service, the CONTRACTOR shall pay Two
Thousand Dollars ($2,000.00) for each truck so utilized.
5.3.2 Each CONTRACTOR shall obtain a permit from the County
for an adequate number of vehicles to fulfill the service
requirements of the CONTRACTOR'S obligations in the
Unincorporated Area. CONTRACTOR may temporarily use H
nonpermitted vehicles in case of truck maintenance
problems or emergency situations with prior consent from
the Contract Administrator. The CONTRACTOR shall pay
Two Hundred Fifty Dollars ($250.00) per incident, for
utilization of nonpermitted trucks in the Unincorporated
l Area without prior Contract Administrator approval. The
F „ Contract Administrator will automatically issue a permit
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EXHIBIT "A"
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for any vehicle that is fined four (•t) times in a fiscal
year.
5.3.3 All annual truck permit fees shall be paid to the COUNTY
on an annual basis in advance.
pi
ent is revoked or
d, the
5.3.4 In the event this Agreem cameniteby the
sums dde shall be prorated and any overpay
CONTRACTOR shall be refunded by the COUNTY.
5.3.5 Notwithstanding any of the above sections, the CO'
shall
thenot
annual tru kuired ttain a permit for any
feebif the CONTRACTOR
_ vehicle or pay of a "fleet
provides the COUNTY the tlhmitscandfnot ices pestablished in
insurance policy' ement.
Section 6.8 of this Agrc
I
ARTS 6
GENERAL TERMS AND CONDITIONS ;
right of the CONTRACTOR .to cure as provided in
6.1 Subject to the rig cancel or revoke this Agreement
this paragraph, the COUNTY may
ly
at any time, upon the failure of the CONTRACTOR tormrevoking
CON-
CC with any of its provisions. Before cancelling
this Agreement, the Contract Ad misertten tnoticeaolf the sendCONTRAC-
TRACTOR at least ten (10) Y
TOR'S failure to comply with a material term or condition of this
Agreement. ed
If the CONTRACTOR fails to correct thethe ecl
n notice
noncompliance within the time period indicated e Of
l
(which shall be at
least COUNTY( s0halahaveotheh righte to cancel of t or I
such notice) , shall
revoke this Agreement. The Contract Administratormeeting that
t
the CONTRACTOR in writing of the date .of any
revocation or cancellation will be considered by the COUNTY.
RACTOR shall provide
6.2 When this Agreement is executed, the CONT
the Contract Administrator with a notarized statement disclosing-
rners
tile
the names of its principal corporate offi crcentportmore
and the names of shareholders owning 10 p
of the outstanding stock, and
1 6.2.2 • the exact corporate or fictitious name ua tfsrgglreel it will
Agreement.
conduct its business as authorized by
6.3 This Agreement or the rights granted herein, including any portion
of such Agreement or rights, shall not be transferred or assigned
tle ex
without the written approval ift tlororOamong •fami1lyr mlembers,panY
of transfers of stock as a 9
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transfer, sale, or conditional sale Of the ma;or,ty of the C'N-
TRACTOR'S stock or any transfer, sale, or conditional sale_ of the
CONTRACTOR'S corporation which results in a transfer of the
rights granted under this Agreement or in a change of the CCN-
TRACTOR'S corporate principals shall be deemed an abandonment
and automatic forfeiture of this Agreement and the rights granted
herein unless the written approval of the COUNTY is given. The
CONTRACTOR'S- corporate officers such as its president, vice
president, treasurer, etc. , shall not be considered corporate
principals for purposes of this section . Approval of a sale or
! assignment shall not be unreasonably withheld and shall be made on
a timely basis . In the event of the death of a stockholder owning
a majority of the corporate stock, such event shall not constitute
an abandonment and any property rights in the deceased to this l
Agreement shall be permitted to pass through his estate or under
the Florida Laws of Descent and Distribution. Likewise, the legal
adjudication of incompetency, filing of a petition pursuant to
Section 301, 302, 303, or 304 of the federal bankruptcy code,
including the appointment of a trustee or receiver by such bank-
ruptcy court, or an action legally appointing a guardian for such
above described majority stockholder shall not constitute an
abandonment.
6.4 The title to all Residential Solid Waste • and Commercial Solid
Waste collected pursuant to the authority of this Agreement shall
immediately vest in the COUNTY.
6.5 All responsibilities for the safe and proper delivery and disposal of
j Residential Solid Waste and Commercial Solid Waste shall be with
the CONTRACTOR while same is in the CONTRACTOR'S possession.
The CONTRACTOR must deliver such solid waste or an amount of
solid waste equal to all solid waste collected in the Unincorporated
Area to a Designated Disposal Facility or Facilities when directed
by the Contract Administrator in writing and shall pay any fees or
charges established for the use thereof. ,-
6.6 The CONTRACTOR shall keep fully informed of all federal and
state laws, all local laws, ordinances, rules, regulations, and all
orders and decrees of bodies or tribunals having jurisdiction or F
authority which in any manner affect the work, or which in any r
way affect the conduct of the work. The CONTRACTOR shall at
all times observe and comply with all such laws, ordinances, rules, >Y";
regulations, orders, and decrees; and shall protect and indemnify '
the COUNTY and all its officers, agents, servants, or employees l ,'il
against any claim or liability arising from or based on the violation
of any such law, ordinance, rule, regulation, order, or decree 3
j caused or committed by CONTRACTOR, its representatives, sub-
contractors, subconsultants, professional associates, agents, ser-
vants, or employees. Additionally, the CONTRACTOR shall obtain
all licenses and permits to conduct business pursuant to this
Agreement from the Federal Government, State of Florida, 0roward
County, or municipalities when legally required.
._XHIBIT „A„
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6. 7 The CONTRACTOR shall maintain an office in Broward County •.vith
adequate start and telephone incoming resolve all
incorng tails and complaints bet ice to handle and
ween the hours o
4:00 P.m. , Monday through Friday of each week, exc f 8:L0 a.m. and
Between the hours of 4: uding holidays ,00 P.M.m and 8:00 a.m. , Monday through
Friday, and all day on Saturday and Sunday, including holidays, the
CONTRACTOR shall maintain an answering service or answering
machine to receive incoming calls and complaints.
Any complaints received by the CONTRACTOR before 12:
shall be resolved before 5:00 00 noon
received after 12:00 noon but
before 8 00 acme day.II beComplaints
number or number(s) where the CONTRACTOR may be reached shall
before 12:00 noon of the foiiowing day. An emergency telephone
be given to the Contract Administrator upon execution ' of this
Agreement, The Contract Administrator shall not be required to
comply with the provisions of Article 8 when informing
CONTRACTOR of complaints.
6.8 The CONTRACTOR shall maintain at its sole cost and expense
general liability insurance in the minimum amount of Three Hundred
Thousand Dollars (5300,000.00
and ) Per occurrence, combined single
limit bodily injur
Y Property damage liability. This policy shall � •
name COUNTY and Broward County, Florida, as an additional
insured. Tile CONTRACTOR shall also maintain at its sole cost and
amount of Three Hundred expense Business Automobile Liability Insurance in the minimum
occurrence, combined sin
gle limit bodily iDjury anollars d53� 00) Per
liability, and Worker's Compensation Insurance ins the rtform mand
amounts required by Chapter 440, Florida Statutes. The liability
Policy or policies shall state that it the restricted without first giving thirty (they) cannot be cancelled or
30 in writing Y ( ) days trn pri
or Commissioners g to P notic
e c e c B th Board ere d of of
County
County, Florida. The CONTRACTOR shall Provide of the Contract
Broward
Administrator with evidence of such insurance rinraeform or formsacceptable to the COUNTY immediately upon execution of this
Agreement and on an annual basis thereafter,
companies must be authorized to transact business in IthenState of
Florida. The CONTRACTOR agrees that no by COUNTY pursuant to the termsbe required proofs o of this a Agrcem ntll until all
aall
r evidence of insurance have been provided to ,
Contract Administrator.
6.9 In providing Residential Collection Service, the CONTRACTOR shall
be prompt, efficient, and courteous to all persons.
6. 10 The CONTRACTOR shall use modern packer-type sanitation trucks
for the collection and transportation of Residential Solid Waste.
The number of such trucks shall be sufficient to provide a minimum
Of two (2) collections per Residential Unit Per week, on regularly
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scheduled days and routes . Residential Collection Service shall be
no less than three (3) days apart, excluding Sunday. f
6. 11 For Residential Collection Service, the CONTRACTOR shall make
collections twice a week from the curbside of Residential Units;
however, rear door collection from a Residential Unit shall be
required if all adult occupants residing therein are handicapped and ��s•rti
if a request for rear door service and payment to the COUNTY of
the additional fee set forth in Section 6.20 has been made. The
term "curbside" is an accessible location near the traveled streets
or alleys normally serviced by the collection vehicles. In case of
controversy, the Contract Administrator will specify the exact
location for container placement.
6. 12 All Residential Solid Waste to be collected shall be placed in
Garbage Receptacles. Yard Trash-Regular shall be placed in
Garbage Receptacles, or securely tied in bundles cut into lengths no
greater than four (4) feet in any dimension. Single items of trash l
such as cuttings or limbs of over four (4) inches in diameter shall p
not be required to be bundled or tied. The total weight of any
bundle or single item of trash shall not
such Garbage Receptacle, !
exceed fifty (50) pounds. Hazardous Wastes, Biohazardous Wastes, }
t and other similar wastes shall not be knowingly collected.
6. 13 The CONTRACTOR shall make one special trash collection for
bulky items such as Yard •Trash-Bulk, and furniture, white goods,
and other materials for each Residential Unit in District 7 every
other month on a specified date, which date shall receive prior
' approval by the Contract Administrator. These special collections
are not intended to, and the CONTRACTOR shall not be required
to, collect Hazardous Waste, large automobile parts, major construc-
tion debris or cuttings, clippings or other trash resulting from or ;
produced by any commercial venture, including but not limited to I
landscaping or lawn service, and which was transported to the
Residential Unit from elsewhere. The CONTRACTOR shall not be
required to separate or collect items that are combined or com-
mingled with waste which is not appropriate for collection under
this Agreement- Items that are acceptable for collection that are
placed apart from unacceptable items shall be collected.
The CONTRACTOR shall notify the Contract Administrator of its
scheduled days of special collection in sufficient time to allow the
Contract Administrator to provide notice to residents. After III
allowing the CONTRACTOR an opportunity to review and comment
on the notice to be given, the Contract Administrator shall provide
annual Notice of all scheduled days of collection for the year to
each Residential Unit within the CONTRACTOR'S District. 1( the
CONTRACTOR desires to change said schedule, after the approval
of the Contract Administrator, the CONTRACTOR shall notify the
Contract Administrator and each Residential Unit of the change.
The Contract Administrator, may supplement the annual notice by
providing additional information or notification of the special trash i
�hHIBIT "A„
. .... . ...... ... .
collection dates . Where it is possible and, in the opinion of the
Contract Administrator, expedient to do so, the additional informa-
tion or notification may be coordinated with local residents' groups.
t
Loose material which is to be removed during a special collection
shall be bundled or containerized as required in Section 6. 12 above.
All waste to be collected under this special trash collection
provision must be placed at curbside. In addition to special trash
collections for bulky items, residents may arrange for private bulk {
trash collections through direct agreement or contract with any of
the eight (8) CONTRACTORS.
6. 14 The CONTRACTOR shall provide quarterly reports to the Contract
Administrator explaining any difficulties experienced in street and
roadway accessibility. If a street or road has become impassable or
is dangerous for travel by the CONTRACTOR'S vehicles or other-
wise adversely affects the CONTRACTOR'S performance of its
obligation under this Agreement, the CONTRACTOR may advise the
Contract Administrator at any time for review and handling, where
handling by the Contract Administrator is appropriate. The
Contract Administrator shall inform the CONTRACTOR of the i
results of his review or handling within a reasonable time.
6.15 The CONTRACTOR shall handle Garbage Receptacles with reason-
able care and return them to the approximate curbside location
from which they were collected. The CONTRACTOR shall clean up
all wastes spilled during collection operations.
_ 6.16 The COUNTY agrees to exempt Residential Collection Service on
New Year's Day, Thanksgiving Day, and Christmas Day. If the
CONTRACTOR will be collecting on the above mentioned holidays,
it shall provide the Contract Administrator with notice thereof and
the schedule to be followed in adequate time for inclusion in the
annual notice to residents required by Section 6.13 of this Agree-
ment. The CONTRACTOR shall not be required to perform collec-
tion services when the Designated Disposal Facility is closed or
when County-wide natural or civil emergency conditions are
imminent and have been publicly announced by the Broward County
Administrator or the Broward County Emergency Preparedness
Division.
6. 17 Residential Collection Service shall be made only between 7:00 a.m.
to 6:00 p.m. , Monday through Saturday. Upon the approval of the
Contract Administrator, the CONTRACTOR may, in the event of
equipment failure or other emergency, provide services after 6:00
p.m. so long as the services do not conflict with the laws of the
state, or ordinances, rules, or regulations of the COUNTY.
6. 18 Employees of the CONTRACTOR shall not be required to expose 1
themselves to unusual dangers in performing their duties.
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G. 19 All r_cmplaints received and determined to be valid b- the Contrart
A,'rninistratar coneernino performance under this Contract shall be j
j resolved or corrected by the CONTRACTOR as provided for in
Section g. i, notwithstanding whether such validity is disputed by
the CONTRACTOR. If the complaint involves the failure to remove
items from a Residential Unit, the CONTRACTOR shall promptly j
remove same upon written instruction of the Contract
Administra-tor. If the CONTRACTOR fails or refuses to remove a disputed
item or items after the Contract Administrator has given written
instructions as indicated in this section, liquidated damages for
such non-performance in the amount of Twenty-five Dollars (S25.00)
payable to COUNTY shall be assessed for each day, or portion
thereof, beginning from the date of such written instructions to the
CONTRACTOR to remove the item or items pursuant to thin
subsection until the item or items are removed. The damages may
be deducted from any payments which the COUNTY may owe to the
CONTRACTOR under this Agreement after notice is delivered to the
CONTRACTOR pursuant to the provisions of Article 8. The CON-
...
TRACTOR shall keep records of all complaints and indicate the
disposition of each. Such records shall be available for inspection
by the Contract Administrator at all times during business hours. `
t
After removing a disputed item or items as required by this :
Section, the CONTRACTOR may apply for payment of actual costs
from the COUNTY by making a written request to the Contract
Administrator within twenty (20) days of the date of removal.
Within his discretion, the Contract Administrator may refer the
request to a hearing examiner designated by the Broward County ,
Administrator. Upon twenty (20) days notice of a time and place,
the hearing examiner shall review the request by acting as an
impartial arbiter. The CONTRACTOR and the Contract Admin-
istrator shall have an opportunity to submit written, oral, or other
j evidence to the arbiter in support of their respective positions.
The CONTRACTOR and the Contract Administrator may also present
J argument in support of their positions. The CONTRACTOR shall
have the burden of proving its assertions, including the amount of
its claim for payment, to the satisfaction of the arbiter. After
having given the CONTRACTOR and the Contract Administrator an
opportunity to be heard, a written decision by the hearing ex-
aminer, either approving, disapproving or modifying the requested
payment, shall be sent by regular mail to the CONTRACTOR and
the Contract Administrator within twenty-five (25) days. No
j payment shall be authorized by the hearing examiner in an amount
greater than three times the actual disposal costs paid by the
CONTRACTOR for the item(s) at the Designated Disposal Facility.
The decision of the hearing examiner shall not be subject to appeal
and shall be final and binding on the COUNTY and the CON-
TRACTOR. The designated hearing examiner shall be the COUNTY
Public Works Department director or his successor.
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XHIBIT "A"
a _
G.20 As provided in Article 3 above, th ! CONTRACTOR shall perform
the required services within District 7 for all Residential Units
entitled to Residential Collection Service. A payment of Twelve
Dollars and Fifty-three Cents ($12.53) per month for each such
Residential Unit assessed on the Broward County garbage and
trash assessment roll(s) shall be paid to the CONTRACTOR for this
! service. This payment is due on or before the fifteenth day of the
J� month in which the service is provided. The above payment is t
comprised of the following annual components: collection portion
in the amount of Eighty-Five Dollars and Fifty-six Cents ($85.56) j
and disposal portion in the amount of Sixty-four Dollars and Eighty i
Cents (564.80) .
It is understood that the number of such Residential Units at-
tributed to District 7 is derived as a result of the most recent
Broward County garbage and trash assessment roll(s) as compiled by
the Broward County Property Appraiser's Office and as annually
updated by the Broward County Office of Environmental Services' i
Solid Waste Management Section. An adjustment will be made to
the number of Residential Units and to the payments as of
January 1 of each year beginning January 1 , 1989. Each adjust-
ment shall be made by the COUNTY within sixty (60) days of the
date the Contract Administrator -receives the applicable year's
January 1 assessment roll information.
Any revision of the Residential Unit. payment will be calculated by
multiplying the collection portion of the current payment by the
percentage change in the Consumer Price Index (CPI) for all urban 1
consumers, Miami, all items (1967 = 100) or successor reports as t,
issued by the United States Department of Labor, Bureau of Labor
Statistics, for the twelve (12) months through September 30.
The collection portion of the Residential Unit payment must be
added to the above CPI adjustment together with the disposal '
portion to calculate any new. Residential Unit payment amount.
For handicapped occupants who have requested and are receiving
rear door collection service, the CONTRACTOR will be paid an
additional fee of One Dollar and Seventy-five Cents ($1 .75) per
month for such Residential Unit. Payments will be made during the
first ten (10) days of each month following service.
In addition, the COUNTY shall reimburse the CONTRACTOR for the
cost of the first year's audited financial report required by Article 'J
14, up to a maximum amount of Twenty-five _Thousand Dollars y '
($25,000.00) . The reimbursement shall be made within a reasonable
time after delivery of the audited financial report to the Contract
i Administrator and his receipt of a written request for such
reimbursement from the CONTRACTOR.
I
G.21 The Contract Administrator shall make its best efforts to notify the
{ Itf CONTRACTOR, in writing and in advance, of increases in tipping
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fees at Desi,na;ed Disposal Facilities which the COUNTY owns or
which is operated pursuant to an argreement with the COUNTY . f
Any increase_ in the charge incurred by the CONTRACTOR pursuant
to this Agreement as a result of tipping fee increases at the
CONTRACTOR'S Designated Disposal Facility, including the im=
position of a tax or surcharge, shall require a simultaneous
adjust at
ment in the service fees paid to the CONTRACTOR, provided th
the CONTRACTOR shall be responsible for ascertaining and
complying with any prerequisites which would exemat the. CON-
TRACTOR from such tax or surcharge. The CONTRACTOR shall
not be entitled to receive an adjustment in its service fees where
an exemption was available and the CONTRACTOR failed to comply
with the prerequisites for obtaining the exemption. Such adjust-
ment shall be calculated by the use of a formula providing for a
$0.17 per month increase to the CONTRACTOR for each 51 .00 per
ton increase in the disposal fees. By way of illustration, a 54.00
per ton increase would result in an increase in the fee paid to the
CONTRACTOR of $0.68/month (A x . 17 = .68) .
6.22 Extraordinary Rate Adjustment. The CONTRACTOR may notify the
COUNTY at any time for an additional rate adjustment on the basis
of extraordinary and unusual changes in the cost of operations that E
could not have been reasonably foreseen by a prudent operator.
l The CONTRACTOR may submit certified financial information
prepared by a Certified Public Accountant licensed to practice in
the State of Florida which shall contain substantial proof and
Justification to support the need for the rate adjustment. The
COUNTY may request from the CONTRACTOR such further
information, including certified financial information prepared by a
Certified Public Accountant licensed to practice in the State of
Florida, as may be reasonably necessary in making its determina-
tion. The COUNTY shall approve, deny or modify the CONTRAC-
TOR'S request, in whole or in part, within sixty (60) days of
receipt of the request and all other additional information required ,
by the COUNTY. Approval or denial of a request by the CON- f t
TRACTOR shall be solely within the discretion of the COUNTY. In y
addition, the COUNTY may notify the CONTRACTOR at any time
for a decrease in the rate on the basis of extraordinary and
unusual changes in the cost of operations that could not have been
reasonably foreseen by the COUNTY. The CONTRACTOR shall
OUNTY'S request, in whole or in
approve, deny, or modify the C
part, within sixty (60) days of receipt of the request. Approval or
denial of a request by the COUNTY shall be solely within the '.
discretion of the CONTRACTOR. ;
7 6:23 The COUNTY and the CONTRACTOR agree to continue to work t�
together in good faith and to coordinate their efforts to maintain
and improve the level and quality of Residential Collection Service.
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HIBIT
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6.2.1 Commercial Collection Service:
The CONTRACTOR may, except as otherwise provided in this
Agreement, provide Commercial Collection Service in the Unin-
corporated Area. Such Commercial Collection Service shall be
governed by the following material terms:
6.24. 1 Conditions and Frequency of Service. A minimum of once
a week service is required of all customers; however,
where garbage, as defined herein, is generated, a minimum
of twice per week collection is required. Such service
shall be provided by Commercial Container as defined
herein. However, where a customer generates one (1) f :
cubic yard or less per week of waste, an alternate non- ( r
commercial container may be utilized. Subject to the =
minimums set forth above, the size of the container and
the frequency of collection shall be determined between
the customer and the CONTRACTOR. However, size and
frequency shall provide that no garbage and waste need
be placed outside the container. Storage capacity shall be
suitable for the amount of waste generated by the '
customer.
The CONTRACTOR shall provide containers as necessary;
however, customers may acquire their containers from any
source provided that the source or customer is completely
responsible for its proper maintenance. Such containers
i shall be of a type that can be serviced by the CONTRAC-
TOR'S equipment.
All Commercial Solid Waste shall be placed in a container,
garbage can, or such other receptacle or plastic disposal
bag. Where garbage cans are used, they shall be placed
at the roadside or at such other single collection point as
may be agreed upon between the CONTRACTOR and the
customer. All containers shall be kept in a safe,
accessible location as designated or approved by the
Broward County Building and Zoning Enforcement Division
or the Broward County Health Department and as agreed
upon between the CONTRACTOR and the customer. Any
container damaged by the CONTRACTOR shall be repaired
or replaced by the CONTRACTOR, ordinary wear and tear
of customer-owned containers excepted.
G.24.2 Level and Type of Service for Commercial Collection and
Other Services. For Commercial Collection Service, the
CONTRACTOR and the customer shall enter into a written Lf.
agreement regarding the level and type of service to be
provided and the manner of collection of charges. The ;
CONTRACTOR shall be responsible for billing and collect- it
ing charges for Commercial Collection Service. Payment
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o of the commercial franchise fee is expressly determined by
monies collected notwithstanding anything to the contrary:. `
ARTICLE 7 f!
TERM �
This Agreement shall commence at 12:01 a.m. on January 1, 1989
and shall terminate at 12:00 midnight on December 31 , 1995. provided,
however, that this Agreement may terminate earlier as provided in Article
i
9.
ARTICLE 8
NOTICE !
Whenever either party desires to give notice unto the other, it
must be in writing and sent by United States mail, return receipt
requested, addressed to the party for whom it is intended, at the place
last specified pursuant to this Article. The address designated for
sending notice shall remain such until it shall have been changed by
written notice in compliance with the provisions of this paragraph. For
the present, the parties designate the following as the respective
addresses for sending notice, to wit:
FOR COUNTY:
County Administrator •.
Broward County Governmental Center, Suite 409
115 South Andrews Avenue
Fort Lauderdale, Florida 33301 G;
FOR CONTRACTOR: :
John Casagrande, Secretary
Industrial Waste Service, Inc.
2930 N. W. 17th Terrace
Fort Lauderdale, Florida 33311
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and
John R. Gillespie
Dykema, Gossett, Spencer, Goodnow L Trigg
Suite •:00
790 East Browa rd Boulevard
Fort Lauderdale, Florida 33301
ARTICLE 9
ADJUSTMENT OF PAYMENTS
The Contract Administrator shall review the payments which the
COUNTY is required to make to the CONTRACTOR and shall recommend
to the COUNTY that such payments be either increased, decreased, or
unchanged for the remainder of the Agreement term effective July 1,
1990. Any payment adjustment recommended by the Contract Admini-
strator- shall be based upon the Generation Study and the financial data
compiled by the CONTRACTOR pursuant to Article 14. If the financial
data is not in accordance with Article 14, the County shall have the right
.: to terminate this Agreement. The Contract Administrator shall provide
notice to the CONTRACTOR of his recommendation no later than thirty
(30) days after receiving the Generation Study. Within thirty (30) days
of receiving the notice, the CONTRACTOR must notify the Contract Ad-
ministrator in writing that it will accept the payment adjustment recom-
mended by the Contract Administrator, if approved by the COUNTY, or
terminate this Agreement, provided, the CONTRACTOR may appear
before the COUNTY and state any objection it has to the recommended
adjustment prior to expiration of the thirty day period. The failure of
the CONTRACTOR to notify the Contract Administrator within forty-five
(45) days that it will either accept the recommended adjustment or
terminate this Agreement shall be construed as an election to continue.
If the CONTRACTOR continues this Agreement, all payments to the
CONTRACTOR beginning July 1, 1990, shall be as adjusted by the
COUNTY.
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ARTICLE 10
ACCEPTANCE OF RIGHTS
BY e of the this Agreement, tile CONTRACTOR agree privileges
s to comply grantith achPursuant to
and every
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provision ; term; and condition hereof including, without limitation, any
additions or arnenc rients hereafter adopted; all federal and state laws; all
local laws; ordinances; rules; regulations; and all orders and decrees of
bodies or tribunals having jurisdiction or authority, which in •any manner -
affect the work, or which in way affect the conduct of the work, and
any amendments thereto. The CONTRACTOR shall also comply with all f
rules or regulations now existing or hereinafter adopted or amended by { -
the COUNTY that relate to the collection and transportation services
performed or to be performed by CONTRACTOR pursuant hereto; however,
any rules or regulations adopted or amended subsequent to the date of
execution of this Agreement shall not be effective to the extent of any
inconsistency with the terms hereof unless approved by the CONTRAC-
TOR.
ARTICLE 11
INDEMNIFICATION
The CONTRACTOR shall indemnify and save harmless the COUNTY,
its officers, agents, and employees, from or on account of any claims,
losses, expenses, injuries, damages, or liability resulting or arising from
CONTRACTOR'S performance or nonperformance of services pursuant to r ,
�! this Agreement, excluding any claims, losses, expenses, injuries, damage,
or liability resulting or arising from the actions of the COUNTY, its
officers, agents, or employees. The indemnification provided by this
Article shall obligate the CONTRACTOR to defend at its own expense or
to provide for such defense, at the COUNTY'S option, any and all claims �'•
and suits brought against the COUNTY which may result from the
CONTRACTOR'S performance or nonperformance of services pursuant to
f
this Agreement. I
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ARTICLE 12
r
COMMUNITY CLEAN UP
i
The CONTRACTOR may voluntarily participate in community clean i
up projects when organized by the Contract Administrator by providing
collection vehicles and transportation to a Designated Disposal Facility.
Should the CONTRACTOR participate in a community clean up project.' it
shall provide transportation services and equipment in connection with the
community clean up project. Such transportation services shall be at the
expense of the CONTRACTOR except that the COUNTY shall pay all
tipping fee or disposal costs for garbage, trash, debris, and similar items, %
which are collected in furtherance of the community clean up project.
The Contract Administrator and CONTRACTOR agree to work to coor-
dinate their efforts with interested residents in an effort to facilitate
EXHIBIT
I
convenient implementation of the eemmunity clean up project for the
participants.
i The COUNTY and the CONTRACTOR may negotiate for lot clearing
services as may be desired by the COUNTY to satisfy the purposes of
Sections 14-96/et seq. , of the Broward County Code.
ARTICLE 13
l � I
l RECYCLING
Subject to the requirements of law, the COUNTY shall have the '
right to develop and implement a recycling program in furtherance of the
requirements of Chapter 403 of the Florida Statutes. In accordance with
Section 403.706(2), Florida Statutes, the COUNTY shall initiate a recycl-
able, materials recycling program by July 1 , 1989; however, the right of
the COUNTY to develop and implement a recycling program shall be
exercisable for as long as this Agreement is effective, including any
extension or renewal. if the COUNTY decides to develop and implement
a curbside recyclable materials collection program, then in the develop-
ment and implementation of such curbside recyclable materials collection
Program, the COUNTY shall enter into negotiations with the CONTRAC-
TOR for and to the extent required by Section 403.706(9), Florida
1 Statutes. If the COUNTY and the CONTRACTOR fail to reach an
agreement within 60 days from the initiation of such negotiations, the r
COUNTY may solicit proposals from other persons to undertake curbside
I recyclable materials collection responsibilities for the COUNTY as the
COUNTY may require. Upon the determination of the lowest responsible
proposal, the COUNTY may undertake, or enter into a written agreement
with the person who submitted the lowest responsible proposal to
undertake the curbside recyclable materials collection responsibilities for
the COUNTY notwithstanding , the exclusivity of the CONTRACTOR'S
Agreement.
If a recycling program is implemented by the COUNTY, any cost
for tipping fees payable to the CONTRACTOR shall' be reduced propor-
tionately to an amount which shall be agreed upon by the COUNTY and
the CONTRACTOR'.
ARTICLE 14 �A/ J ��
FINANCIAL RECORDS AND REPORTS Q
The CONTRACTOR shall keep financial records to properly reflect
its financial operations and financial condition in accordance with
generally accepted accounting principles.
The CONTRACTOR shall be required to submit to the Contract
Administrator an annual audited financial report consisting of a balance
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sheet, inccrne statement, statement of retained earnings, and a statement
of cash flow on the entity as a whole ( Industrial Waste Service, Inc. ) and
supplemental financai information on Residential Collection Service in
District 7 consisting of financial condition, operations, retained earnings i
with an opinion on the supplemental information in accordance with
Generally Accepted Auditing Standards as promulgated by the American
Institute of Certified Public Accountants . The initial reporting period
shall commence no later than three months after January 1 , 1939, and
} shall be for a twelve month period.
j The audit report shall disclose, as a minimum, the organization of
the entity as a whole (Industrial Waste Service, Inc. ) , a summary of
significant accounting policies, intercompany transactions, basis of
presentation and determination of assets, liabilities, revenloes and expenses
in segregating the assets, liabilities, and operational costs of the Unin-
corporated Area from all other operational areas, salaries of -officers
pertaining to the franchise area, a calculation of the commercial and
residential franchise fee due the COUNTY, the amounts paid and any
balance due to the COUNTY. The report shall also include the number of
residents served and the number of employees utilized in the operations
of the Unincorporated Area.
The audit report shall be prepared by a Certified Public Accountant
licensed in the state of Florida in accordance with Generally Accepted
Auditing Standards.
The initial report shall be delivered to the Contract Administrator ` .
not later than April 30, 1990. All subsequent reports shall be delivered
not later than one hundred twenty (120) days after the end of the CON-
TRACTOR'S fiscal year.
Failure to deliver the report by the due date will require the
CONTRACTOR to pay the COUNTY one hundred dollars ($100.00) a day
for each day after the due date as liquidated damages. An extension _
may be granted by the COUNTY for reasonable cause. The COUNTY may
terminate this Agreement in accordance with the provisions of Article 8
for failure of the CONTRACTOR to comply with the foregoing financial
reporting requirements, subject to the right by the CONTRACTOR to cure
t
the failure as provided in Section 6.1 .
I
The COUNTY reserves the right to examine, audit, and review any
and all records relating to this Agreement at any time during normal
business hours upon giving reasonable notice.
ARTICLE 15
i,
GENERATION STUDY
The CONTRACTOR and the COUNTY agree to undertake a Generation k3±•i r
Study for the Unincorporated Area. On or before February 1 , 1939, the 4i tw
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s EEXHIBIT "A"LW
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_ ___ .... _ L. .vim_ ...._. ... n. ....... .. .. �u....•.. ._ ._
Or'
CONTRACTOR and the COUNTY shall agree upon a scope of services for
the Generation Study. The Generation Study shall be conducted by a
person or firm selected in accordance with the COUNTY'S procurement
3 procedures. The CONTRACTOR, together with other Contractors who are
! providing Residential Collection Service ' in the Unincorporated Area
,{ pursuant to an agreement with the COUNTY, shall select five (5) j
y representatives who will be appointed by the COUNTY to participate in
the selection and negotiation process for performance of the Generation
Study. The COUNTY shall appoint five (5) members to the selection and
negotiation committee who shall serve with the five (5) representatives
selected by the CONTRACTOR. Each representative of the CONTRACTOR
and the COUNTY may delegate his authority to serve on the selection
and negotiation committee (including the right to vote) to another person.
j
The CONTRACTOR shall pay one sixteenth (1/16th) , and the COUNTY
fshall pay one-half (4) of the fees to be paid to the person conducting the
Generation Study. The purpose of the Generation Study shall be to
determine the features, characteristics, and actual amount of Residential
Solid Waste, Yard Trash-Regular, and Yard Trash-Bulk collected in the
Unincorporated Area to facilitate an accurate and fair calculation of the
disposal costs incurred by the CONTRACTOR and all other Contractors
who are providing Residential Collection Service in the Unincorporated
Area pursuant to an agreement with the COUNTY.
The Generation Study shall be completed by May 1, 1990, and shall be for
a twelve (12) consecutive month period. .
ARTICLE 16
PRIOR AGREEMENTS SUPERSEDED
This Contract incorporates and includes all prior negotiations, correspon-
dence, conversations, agreements, and understandings applicable to the
matters contained herein and the parties agree that there are no commit-
ments, agreements, or understandings concerning the subject matter of
this Agreement that are not contained in this document. Accordingly, it
is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written.
It is further understood that no modification, amendment or alteration in
the terms or conditions contained herein shall be effective unless
j contained in a written document executed with the same formality and of
equal dignity herewith.
i
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, thorized to execute same by
Board action on the !_L day of 7P 19 and
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INDUSTRIAL '•'.' + TE SERVICE, INC . , signeng by and throu<_:n its President
Oiio is duly to execute same.
i
j COUNTY '
' ATT i BROWARD COUNTY, through its j
BOARD OF COUNTY CO` .MISSIONERS j
Coll' �Acmenestrator and Ex- By -
Officio Clerk of the Board of NICKI E. GROSSMAN, Chairman
County Commissioners of
Broward County, Florida
Approved as to form by
Broward County Attorneys Office
SUSAN F. DELEGAL, County Attorney I
Governmental Center, Suite 423 E
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357001
j>7� T
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'.,CA•R1;,Y/E. LYhfAS-JOHNSON
Assistant Courit� A(orne y
CONTRACTOR ✓✓
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ATTEST: INDUSTRIAL WASTE SERVICE, INC.
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John CasagraM, Secretary
WI NESSES: By John Fortin , Vice-President
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garbage.507
11/23/83
083- 18G.01
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HI31T "A"
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a.
EXHIBIT "A"
The unincorporated area of Broward Countv is divided into eight
(3) Solid Waste Collection Districts. The descr%ption of each District is
as follows:
fj
District H1 : The unincorporated areas located within the boundaries of 1[''
Palm Beach County Line on the north, the Atlantic Ocean! on the east, Sample Road on the south, and the Conserva-
tion Area on the west.
• Tt l
District H2: The unincorporated areas located within the boundaries of
Sample Road on the north, the Atlantic Ocean on the
east, Atlantic Boulevard on the south, and the Conserva-
tion Area on the west. y
District k3: The unincorporated areas located within the boundaries of "
Atlantic Boulevard on the north, the Atlantic Ocean on
the east, Commercial Boulevard on the south, and the 6
Conservation Area on the west. 3 c
District H4: The unincorporated areas located within the boundaries of
Commercial Boulevard on the north, the Atlantic Ocean on
the east, Sunrise Boulevard to Markham Park on the
south, and the Conservation Area on the west.
District HS: The unincorporated areas located within the boundaries of
Sunrise Boulevard on the north, the Atlantic Ocean on the
east, Davie Boulevard and State Route 84 on the south,
and Markham Park on the west.
District H6: The unincorporated areas located within the boundaries of
Davie Boulevard on the north, the Atlantic Ocean on the
east, State Route 84 on the south and west.
District H7: The unincorporated areas located within the boundaries of
State Route 84 on the north, the Atlantic Ocean on the
cast, Sheridan Street on the south, and the Conservation
Area on the west.
District H8: The unincorporated areas located within the boundaries of
Sheridan Street on the north, the Atlantic Ocean on the
east, the Dade County Line on the south, and the
Conservation Area on the west.
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t V.
COLLECTICN SERVICE
PALL BEACH COUNTY
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