Ord 22-10ORDINANCE NO. 22-10
AN ORDINANCE OF THE CI"I'Y COMMISSION OF THE CI`1'Y OF DELRAY
BEACH, FLORIDA, i1MENDING CHAPTER 51, "GARBAGE AND `T'RASH",
OF 'T'HE CODE OF ORDINANCES OF THE CI`I1' OF DELRAY BEACH, BY
AM1?NDING SI?C'1'ION 51.01, "DEFINITIONS"; SECTION 51.18, "TYPES
OI~ SERVICES PROVIDED FOR PICILING UP GARBAGE AND TRASH";
SI~.CT'ION 51.22, "VEGETATIVE WASTE"; SECTION 51.23, "BULK TRASH";
SI~,CTION 51.40, "PLACEMEN'T' OF CONTAINERS AND TRASH;
PR}?COLLECTION P1t~~CTICF.S; SECTION 51.70, "REGUI~R CHARGES
LEVIED"; SECTION 51.71, "PAYMENT AND BILLING"; SEC`T'ION 51.77,
"UNBILLED PROPERTIES; REMEDIAL MF,ASURES", TO CLARIFY THE
SERVICES AND BILLING PROCEDURES AND TO PROVIDE FOR
CONSISTENCY BF: T'WEEN CITY ORDINANCES AND THI: FRANCHISE
AGREEMENT; PROVIDING r1 GENERAL REPEALER CRUSE, A SAVING
CLAUSE, AND AN 1?FFECTIVE DATE.
WHEREAS, the City Commission desires to clarify the services and billing procedures set
forth in City Ordinances and to provide for consistency between City Ordinances and the Franchise
Agreement for Solid Waste Collection.
NOW, THEREFORE, BE IT ORDAINED BY THf;. CITY COMMISSION OF 'I~HE
CITY OF Dl?LRAY BEr~CI-I, FLORIDr1, AS FOLLOWS:
Section 1. 'that Chapter 51, "Garbage and 'T'rash", subheading, "General Provisions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
51.01, "Definitions", to read as follows:
Sec. 51.01. D]?I~INITIONS.
1'o the extent the definitions contained herein conflict with similar definitions contained in
any Federal, State or local law, the definition herein shall prevail.
13ioi>atiUrdou~~ or Biomedical u~ue-tes shall mean any solid waste or liquid waste which may cause
disease or reasonably be suspected of harboring pathogenic organisms, included [including], but not
limited to, waste resulting from the operation of medical clinics, hospitals, and other facilities
producing wastes which may consist of, but arc not limited to, diseased human and animal parts,
contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing and
surgical gloves.
1
Biological ~va.cte. Solid waste that causes or has the capability of causing disease or infection
and includes, but is not limited to, biohazardous waste, diseased or dead animals, and other waste
capable of transmitting pathogens to humans or animals.
Bulk tra3•h. Any nonvegetativc item which cannot be containerized, bagged or bundled
including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, pool heaters,
water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar
appliances, household goods, furniture, large boxes, barrels and crates, and shall not be commingled
with vegetative waste or any other type of refuse.
CdyD Debri~• Service Provider. A licensed company authorized by the City to remove
construction and demolition debris.
Cd~°D Kollo~J• Collection Seance shall mean the Collection of C&D only open top temporary
rolloff containers or the Collection of CBcD b~~ other mechanical means within temporary locations
in the Service Area limited to new construction sites and remodeling or refurbishment sites. C&D
Rolloff Collection Service is not exclusive to Contractor.
City. The City of Delray Beach, Florida, or the City's authorized agents or contractors.
City Manager. The City Manager of the City of Delray Beach or his/her designee.
Collection: The process whereby solid waste, garbage, trash, bulk trash, vegetative waste or
recyclable material is removed and transported to a designated facility.
Commerezal traeh. Any and all accumulations of paper, rags, excelsior or other packing
materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation
not included under the definition of garbage, generated by the operation of stores, offices, and other
business places. Commercial trash shall include furniture if properly containerized. Commercial
trash shall not include special waste.
Con~•truction and demolition deGris. Materials generally considered to be not water soluble and
nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, roofing material,
pipe, gypsum wallboard, and lumber from the construction or destruction of a structure. Mixing of a
de minimis amount of waste other than C&D debris from a construction site will not exclude such
mixed solid waste from classification as C&D debris under this definition.
Contract /Idmini~trator. The person designated by the City who shall act as the City's
representative under this chapter. ~1ny references that reduire aBproval ~ the Cit~shall also mean
~nro~~al bby the Contract Administrator.
Contractor or vendor. Waste Management Inc. of Florida.
2 ORD. NO. 22-10
Deportment. The Florida Department of Environmental Protection.
Designated faczlity. A disposal processing, recovery, recycling or transfer facility designated by
the Solid Waste Authority or the City Manager.
Di~po.ra! co.~•ts. The "tipping fees" or landfill costs charged to the Contractor by others for
disposal of the waste collected by the Contractor.
Dwelling unit. One or more rooms connected together, designated to be occupied by one
family, constituting a separate, independent housekeeping establishment and physically separated
from any other dwelling unit which may be in the same structure and which contains independent
sanitation, living, cooking and sleeping facilities.
Garbage. All putrescible waste which generally includes but is not limited to kitchen and
table food waste, animal, vegetative, food or any organic waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials whether attributed to residential or
commercial activities. Garbage shall not include any material that falls within the definition of
special waste.
GarGa~e receptacle. Any commonly available light-gauge steel, plastic or galvanized receptacle
of a nonabsorbent material, closed at one end and open at the other, furnished with a closely fitted
top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed
for use as a garbage receptacle. Garbage receptacles or waste materials shall not exceed fifty (50)
gallons in capacity or fifty (50) pounds in weight. Rollout containers provided by the City may be
thirty-two (32), sixty-eight (68), or ninety-five-gallon-size containers.
Hatiardous waste. Solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by Federal, State or local law.
Litter. See Chapter 98 of the Code of Ordinances of the City of Delray Beach.
Loading and unloading area. Any loading or unloading space or area used by any moving
vehicle for the purpose of receiving, shipping, and transporting goods, wares, commodities, and
persons.
Loose refuse. Any refuse, either garbage or household trash, stored in and collected from any
type of container other than a mechanical container or garbage receptacle related to multiple-family
dwellings or the designated facility. Refuse that is collected from the ground is considered loose
refuse.
3 ORD. NO. 22-10
Me~hunical container. Any detachable metal or plastic container designed or intended to be
mechanically dumped into aloader-packer type of garbage truck used by the contractor and includes
any motorized or electrical compactor .. Mechanical containers may
be constructed of plastic. Further, all mechanical containers must be uniform in color, have
closeable lids, and be free of any advertising or other information other than an eight and one-half
(8 1 /2) by eleven-inch sticker with the name, address and telephone number of the Contractor.
Mrrlti~le dine!/ink ~nzt~•. Any building containing five (5) or more permanent living units, not
including motels and hotels.
Parkin, lots. Commercial and public lots designed for the parking of any vehicles with the
exception of residential parking.
Permanent Roll-o~/~ Co/lection Seruice~• shall be exclusive to the Contractor. However, C&D
"Temporary Rolloff Collection Service as defined above is not exclusive to Contractor. The
Contractor shall be responsible for the billing and collection of Commercial Solid Waste Collection
Services and all disposal costs that are not billed and collected by the Solid Waste Authority or its
design
Percore. Any natural person, owner, agent, corporation, partnership, association, firm,
receiver, guardian, trustee, executor, administrator, fiduciary, occupant, lessee, tenant, or
representative or group of individuals or entities of any kind.
Premi.ie~~. Lots, sidewalks, alleys, rights-of-way, grass strips, and curbs up to the edge of the
pavement of any public thoroughfare.
Private ~rof~erly. Property owned by any person as defined in this Section, including, but not
limited to, yards, grounds, driveways, entrance or passageways, parking areas, storage areas, vacant
land, or bod}' of water. For the purpose of this Chapter, "private property" owners are required to
maintain rights-of-way up to the edge of the pavement of any public thoroughfare.
Pub/ic•~ropc~Xy. Any area that is used or held out to be used by the public, whether owned or
operated by a public interest, includuig, but not limited to, highways, streets, alleys, parks, recreation
areas, sidewalks, grass strips, medians, curbs, or rights-of-way up to the edge of the pavement of any
public thoroughfare or body of water.
RecycluGle mulerialr shall be the same as defined in Chapter 403 of the Florida Statutes.
Kecyclin~ shall be the same as defined in Chapter 403 of the Florida Statutes.
Kefuse. Commercial trash, household trash and garbage or a combination of mixture of
commercial trash, household trash and garbage, including paper, glass, metal and other discarded
matter, excluding commercial recyclable materials.
4 ORD. NO. 22-10
Residential do-it,yourcelf projects. 1~7inor residential repairs done exclusively by the homeowner.
Reezdential service. The refuse, recycling and vegetative waste collection senTice provided to
persons occupying residential dwelling units within the City who are not receiving commercial or
multifamily services. "1""his would include single-family homes, duplexes, triplexes, quadplexes and
mobile homes.
Koll-o~f collection service. Roll-off collection service shall ~ mean the collection of 1 solid
waste in roll-off compactors• .(2) solid waste from permanent open-top roll-off containers; (3)
horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the
customer chooses to use open top roll-off containers for horticultural or agricultural waste, and
horticultural and agricultural waste shall not include any other type of waste, including, but not
limited to, special waste, garbage or recyclable materials.
Roll-oart carts. Carts that are a thirty-two (32), sixty-eight (68), or ninety-five-gallon
(approximate) wheeled container of a type approved by the City Manager or his designee, and shall
be equipped with wheels and a lid and shall only be provided ~ the City for residential service,
unless otherwise apnro~ed by the Contract Administrator.
Sludge. "I'he accumulated solids, residues and precipitates generated as a result of waste
treatment or processing, including wastewater treatment, water supply treatment, or operation of an
air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps,
privies, or similar waste disposal appurtenances.
S~eczul waste. Solid or liquid wastes that require special handling and management, which are
not accepted at a landfill or other disposal facility or which are accepted at a landfill or other
disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos,
whole tires, automobiles, boats internal combustion engines, nonautomobile tires, sludge, dead
animals, septic tank waste, hazardous waste, used oil, lead-acid batteries, and biohazardous or
biomedical wastes.
7 rasli. 1111 refuse accumulation of paper, excelsior, rags, wooden or paper boxes and
containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature
other than garbage, which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include vegetative waste.
1%getative waste. r1 ny vegetative matter resulting from yard and landscaping maintenance and
shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees,
tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping
and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or
containerized.
ORD. NO. 22-10
Vegetative waste, except palm fronds, must be no more than six (G) feet in length and no single item
shall weigh more than fifty (50) pounds. Natural Christmas trees shall be considered vegetative
waste and will be collected if they are not more than eight (8) feet in length and weight less than fifty
(50) pounds. Vegetative waste does not include any form of matter or debris resulting from land
clearing or land development.
Section 2. 'T'hat Chapter 51, "Garbage and Trash", subheading, "Collection Services,
Requirements", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 51.18, `°1'ypes of Services Provided for Picking Up Garbage and Trash", to read
as follows:
Sec. 51.18. "11'PES Oh' SI:RVICI~S PROVIDI?D FOR PIChING UP GARBr1G1~: AND'1'1ZASH.
(A) Kol%Ot~t Cart Sen~ice. i1GAK
(1) All single-family homes, duplexes, triplexes, quadplexes and mobile homes of the City shall
have roll-out cart curbside pickup, except for the areas listed in subsections (B) and (C) and
as otherwise approved by the City. "I'he customers in areas receiving cart service shall be
required to use roll-out carts furnished by the City.
(2) "These roll-out carts shall be furnished by the City and shall remain the
property of the City. If a roll-out cart becomes unserviceable or is missing because of
customer neglect, the City {c~~-tt~-Ee~} may repair or replace it, but repair or
replacement does not constitute a waiver by the City {erne-~~~r} to proceed against
the negligent customer for reimbursement for any replacement or repair. I'he City {e~-tts
e~rrt-txe~ar-} shall supply only one roll-out cart ready for use to each dwelling receiving
residential service. However, additional roll-out carts may be purchased by the
customer at a charge not to exceed the Ci 's
purchase cost and any repair or replacement cost of such cart shall be the responsibility of
the customer. Any additional roll-out carts shall be collected by the City or its contractor at
the same time as the first roll-out cart, and there shall be no additional monthly service
tau ~,u~ ~a~=
charge for that collection '~ '' `'-~ ~''~ r'~ "'' `t`a`~'~ ~' " " '` ~°°` ~__«_'_•
(3) All customers receiving roll-out cart scrnice are required to use those roll-out carts for all
garbage and for whatever trash that can be reasonably contained therein. All roll-out cart
service shall be collected on regular schedules and routes as determined by the City or its
contractor.
(4) All vegetative waste shall be placed adjacent to the pavement or traveled way of the street, in
containers or bundles less than fifty (50) pounds each and with no dimension over six (6)
feet each, and then shall be collected on one of the scheduled garbage collection days as
determined by the City.
6 ORD. NO. 22-]0
(5) The provisions and requirements set forth in this Section notwithstanding, for those
customers who, by reason of disability and with no other able-bodied person residing in the
residence, certified by a doctor and approved by the City, are unable to place the roll-out
cart at the street, then collection shall be from roll-out carts located at accessible locations
adjacent to the house or structure.
(13) Reur-Door/Side-Door Sen~ice. GAR
(1) hor the residential area of the City located east of the Intracoastal Waterway, Spanish Wells
and Sherwood Park, garbage and trash shall be collected at least twice each week on regular
schedules and routes as determined by the City or its contractor from the rear, side or front of and
adjacent to the served residences, at locations reasonably accessible to the City or its contractor.
(2) :111 vegetative waste and bulk trash shall be placed adjacent to the pavement or traveled way
of the street, ul containers or bundles less than fifty (50) pounds each and with no dimension over
six (G) feet each. Vegetative waste shall be collected on one of the €trgt scheduled arg ba~~e collection
days ~~`~k as determined by th~City.
(C) Crrrb~ide, GarGage and Horr~ehold I rash in Diepo~alrle Contuiner~• urith Vegetative llla.rte and Bulk I ra~'h
Pickup. CGAR
(1) For the residential area of the City located at Imperial Villas, Country Manors and High
Point, the customer's garbage and trash shall be placed in disposable bags at locations
adjacent to the street and shall be collected at least twice per week on regular schedules and
routes as determined by the City or its contractor from the front of the served residence.
(2) All garbage and trash shall be placed in secured plastic bags or other secured disposable
container and no bag shall weigh more than fifty (50) pounds.
(3) All vegetative waste and bulk trash shall be placed curbside by the customer for collection by
the City or its contractor on one of the scheduled garbage collection days.
(D) Mechuniial Container Seance.
(1) Multifamily dwelling units containing five (5) or more units~DGAR ~ shall use mechanical
containers, except as otherwise approved by the City because of lack of suitable space for a
mechanical container or other good reason. In this case a mechanical container may also include
roll-off compactors or roll-off containers ,
(2) Business establishments, churches, schools, office buildings and other establishments that
receive commercial service may use mechanical containers or roll-out carts.
7 ORD. NO. 22-10
Government -Government buildings, as identified by the Solid Waste Authority (SWA) of
Palm Beach County shall be charged the regular commercial customer rate, but shall not be
charged for diSPosa1 fee, where the Contractor receives the a~pro~riate disposal credits from
SWA.
(E) Recycling Pro~ranz.
(1) Each residence of the City receiving residential sen~ice shall be provided two (2) recycling
containers, by the SWA, for the accumulation and collection of recyclable materials.
(2) All condominiums and apartment complexes contaitung five (5) or more dwelling units using
mechanical containers shall be provided an adequate number of recycling containers to
collect recyclable materials
(3) The containers referred to in subsection (1) shall be brought to curbside and shall be
collected at least once per week. For each residence or unit referred to in subsection (1)
above, such collection shall be made on one of the regular refuse collection days. For
condominiums and apartment complexes referred to in subsection (2) above, collection
shall be made once per week.
(4) In the event the recycling containers contain unacceptable materials, the materials will not be
collected and an explanatory notice will be placed in the container ~ the Contractor.
(5) In the event that the recycling containers, furnished either by the City or by the contractor,
are lost, damaged or stolen, the residence or condominium or apartment shall pay the
contractor or City directly for replacement containers.
(G) Participation in the recycling program shall be mandatory for all residential properties.
Section 3. "That Chapter 51, "Garbage and Trash", subheading, "Collection Services,
Requirements", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 51.22, "Vegetative Waste", to read as follows:
Scc. 51.22. VEGI~I'A'T'INE WASTE.
(A) Vegetative waste shall be collected from residential areas once a ~
week on one of the red>ular scheduled collection days as approved by
the Contract Administrator. Collection shall begin no earlier than 6:00 a.m. and cease no
later than C:00 p.m. Vegetative waste shall be placed adjacent to the pavement or travel way
of the street/alley. Residents shall bag or containerize all grass clippings, leaves, pine needles
and similar loose items whenever possible. Large vegetative waste items must not be more
than six (G) feet in length or fifty (50) pounds in weight, and shall be placed neatly at the
curb. Vegetative waste shall not be comingled with trash or garbage.
8 ORD. NO. 22-10
In the event of a dispute between the contractor and a customer as to what constitutes
vegetative waste, the situation will be reviewed and decided by the City Manager, whose
decision shall be final.
3
~
)
C~ If vegetative waste is placed adjacent to the pavement or travel way of the
street/alley at time periods or at locations outside of those allowed by subsection 51.40(H),
then the City or its contractor may collect the vegetative waste and a fee of eleven dollars
and fifty cents ($11.50) per cubic yard will be charged to the resident or business for the
collection of the vegetative waste if such collection is not performed on the regular
scheduled collection day. The minimum charge shall be eleven dollars and fifty cents
($11.50) and all charges shall be to the nearest whole cubic yard. Such fee will be placed on
the resident or business's water bill. If the resident or business does not receive a water bill
then a separate bill for this charge shall be sent to the property owner. The $11.50 per cubic
yard charge shall be remitted to and retained by the City for all collections from residential
properties. The $11.50 per cubic yard charge associated with code enforcement activities,
for collections from commercial properties shall be billed by the City.
Section 4. 'T'hat Chapter 51, "Garbage and Trash", subheading, "Collection Services,
Requirements", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 51.23, "Bulk Trash", to read as follows:
Sec. 51.23. BULK TRASH.
(A) Bulk trash shall be collected from residential areas within the City no more than once per
week. Bulk trash shall be placed adjacent to the pavement or travel way of the street/alley. The
bulk trash pickup day shall coincide with the first or second refuse collection day, which shall be
a Monday/Thursday, Tuesday/1~'riday or Wednesday/Saturday of each week.
9 ORD. NO. 22-10
;
)
(I
It shall be unlawful for any person to leave outside any building in a place accessible to
children any appliance, refrigerator or container with any doors, lids or closures of any type in
place. This prohibition shall not apply to any appliance, refrigerator or container at a
commercial establishment which has been placed on or adjacent to the rear of the building and
is crated, strapped or locked to an extent that it is impossible for a child to obtain access to any
compartment thereof.
{li3} (~ If bulk trash is placed adjacent to the pavement or travel way of the street/alley at time
criods or at locations outside of those allowed b subsection 51.40 L ~a ~ ~-~~~~-'~~`'---~ ~.~`
P y ~ (')~
the City or its contractor
may collect the bulk trash and a fee of eleven dollars and fifty cents ($11.50) per cubic yard will
be charged to the resident or business for the collection of the bulk trash if such collection is not
performed on the regular scheduled collection day. The minimum charge shall be eleven dollars
and fifty cents ($11.50) and all charges shall be to the nearest whole cubic yard. Such fee will be
placed on the resident or business's water bill. If the resident or business does not receive a
water bill then a separate bill for this charge shall be sent to the property owner. The $11.50
charge shall be remitted to and retained by the Cite for all collections from residential properties.
"1'he $11 50 per cubic hard charge associated with code enforcement activities, for collections
from commercial properties shall be billed by the City.
Section 5. That Chapter 51, "Garbage and Trash", subheading, "Rates and Charges", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 51.40,
"Placement of Containers and 'Trash; Precollection Practices", to read as follows:
Sec. 51.40. PLACEMENT OF CONTAINERS AND TRASH; PRECOLLECTION
PRAC I'ICES.
10 ORD. NO. 22-10
(r1) Blockage of Storm Drains. It shall be unlawful for any person to place any refuse,
trash, refuse receptacles or containers on, upon or over any storm drain or so close thereto
as to be drawn by the elements into the storm drain or to block the flow of water into the
storm drain.
(B) llangerous Trash Items. It shall be unlawful to place dangerous trash items and all
waste materials of injurious nature in containers unless they are securely wrapped so as to
prevent injury to the collection crews and others. Dangerous trash and waste materials shall
include, but shall not be limited to, broken glass, light bulbs, sharp pieces of metal,
fluorescent tubes, and television tubes.
(C) Hazardous Waste. It shall be unlawful to place hazardous waste in any receptacle used
for collection by the City. The items listed in subsection (B) may be classified as hazardous
waste unless properly wrapped to prevent injury to collection crews and others.
(I7) Uarbage and 'T'rash. It shall be unlawful to place in garbage receptacles trash which has
not been drained of all liquids. Any items of trash which are too large for receptacles and
cannot be reduced to a sire which can be placed in a garbage receptacle may be placed
adjacent to the pavement or travel way of the street/alley no earlier than 5:00 p.m. on the
day preceding the collection date for that material, provided those items are covered or
secured so as to avoid unsightly litter conditions. Any garbage receptacle may not be placed
adjacent to the pavement or travel way of the street/alley earlier than 5:00 p.m. on the day
preceding the collection day and must be removed by 7:00 p.m. on the day of collection.
C7arbage and trash that is not placed adjacent to the pavement or travel way of the
street/alley on the collection day by G:00 a.m. may not be collected by the contractor if the
contractor has already passed the residence. If garbage and trash is placed adjacent to the
pavement or travel way of the street/alley at any time other than the time periods allowed,
the City or its contractor may collect the garbage and trash and a fee of eleven dollars and
fifty cents ($11.50) per cubic }'ard will be charged to the resident or business for such
collection. The minimum charge shall be eleven dollars and fifty cents ($11.50) and all
charges shall be to the nearest whole cubic yard. The fee shall be placed on the resident or
business's water bill. If the resident or business does not receive a water bill then a separate
bill for this charge shall be sent to the property owner.
(F_.) Bulk Trash. Bulk trash shall be placed adjacent to the pavement or travel way of the
street/alley no earlier than 5:00 p.m. on the day prior to the regular scheduled collection day.
Bulk trash that is not placed adjacent to the pavement or travel way of the street/alley on the
collection day by 6:00 a.m. may not be collected by the contractor if the contractor has
already passed the residence and may be subject to the fees set forth in Section 51.23(I~ C).
11 ORD. NO. 22-10
If the property owner places bulk trash adjacent to the pavement or travel way of the
street/alley after the contractor has already passed, then the property owner must remove
those items from this area by 7:00 p.m. of that day in order to be in compliance with this
Section.
(I~ Mechanical Containers.
(1) Placement of containers emptied by mechanical means shall be determined
by the City Manager. The following materials shall not be permitted to be placed in
those containers:
(a) Tires;
(b) Motor vehicle parts, including, but not limited to, batteries;
(c) Carpet or padding larger than three (3) feet by three (3) feet;
(d) Metal pipe in excess of one-half inch by three (3) feet;
(e) Construction or building materials;
(~ Wood in excess of one inch by two (2) inches by three (3) feet.
(2) 1 t shall be unlawful for anyone to place or maintain materials or place any
vehicle under their control, whether temporarily or permanently, so as to block
access to any mechanical container.
(G) Refuse. It shall be unlawful for anyone to fail to place and maintain refuse in
containers as specified herein. All containers shall be kept covered at all times with tight-
fitting covers.
(H) Vegetative Waste. Vegetative waste shall be placed adjacent to the pavement or travel
way of the street/alley. Placement of vegetative waste in an alleyway is prohibited unless
approved in advance by both the City and its contractor. Vegetative waste for collection
shall be placed at the required location no earlier than 5:00 p.m. on the day preceding the
collection date. Vegetative waste that is not placed adjacent to the pavement or travel way of
the street/alley on the collection day by G:00 a.m. may not be collected by the contractor if
the contractor has already passed the residence and may be subject to the fees set forth in
Section 51.22(E I3). 1f the property owner places vegetative waste adjacent to the pavement
or travel way of the street/alley after the contractor has already passed, then the property
owner. must remove those items from this area by 7:00 p.m. of that day in order to be in
compliance with this Section.
12 ORD. NO. 22-10
(I) Recycling.
(1) Recycling containers shall be placed adjacent to the pavement or travel way
of the street/alley no earlier than 5:00 p.m. on the day preceding the collection date
for the material, provided those items are covered or secured so as to avoid unsightly
litter conditions. The collection shall coincide with the first or second refuse
collection day. Any container placed adjacent to the pavement or travel way of the
street/alley must be removed by 7:00 p.m. on the day of collection. A recycling
container that is not placed adjacent to the pavement or travel way of the street/alley
on the collection day by G:00 a.m. may not be collected by the contractor if the
contractor has already passed the residence.
(2) If recycling containers are placed adjacent to the pavement or travel way of
the street/alley at time periods or at locations outside of those allowed by subsection
(1), the City or its contractor mad= collect the recycling matter and charge a fee of
eleven dollars and fifty cents ($11.50) per cubic yard. The minimum charge shall be
eleven dollars and fifty cents ($11.50) and all charges shall be to the nearest whole
cubic yard. Such fee will be placed on the resident's or business' water bill.
Section G. That Chapter 51, "Garbage and 'T'rash", subheading, "Rates and Charges", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 51.70,
"Regular Charges Levied", to read as follows:
Scc. 51.70. RI~.GULAR CHARGI~;S LEVII?D.
"I'he following service charges or fees are levied for collection service,, unless the City has
~nnroved 1 different type of service and then each unit/development shall be billed in accordance
with the type of service that it is receiving:
Charges for the below-described collection service shall be as follows and shall commence
when a certificate of occupancy is issued by the City for any residential or commercial units, and
shall continue monthly thereafter unless service is discontinued in accordance with Section 51.73:
(A) Residential Seance (Single Family Homer, Duplexes, Triplexes, ,~uadplexes and Mobile Homes):
Cr~rbside Koll--Out Carts
Monthly Service Cost Per Unit
Garbage Collection $6.00
Recycling $2.44
Yard 'T'rash $2.44
13 ORD. NO. 22-10
'1"otal Dees--Contractor $10.88
Cart Replacement .90
Administrative I~ee .35
Franchise Fee (10%) $1.09
Less C 8c D Credit -0.20
't'otal I~ccs $13.02
Rear-Door Owner Container
Monthly Service Cost
Per
Unit
Garbage Collection $15.77
Recycling $2.44
Yard 'Trash $2.44
'Total Fees--Contractor $20.65
Administrative Fce 0.35
Franchise Fee (10%) 2.07
Less C & D Credit -0.20
Total Fces $22.87
Curbside Disposable Bags With Vegetative Waste and Bulk 't'rash Pickup
Monthly Service Cost
Per
Unit
Garbage/'Trash Collection $4.05
I4 ORD. NO. 22-10
Recycling $2.44
Yard Trash $2.44
'T'otal Fees--Contractor $8.93
Administrative Fee 0.35
franchise Fee (10%) 0.89
Less C tk DCredit -0.2O
1 otal fees `~9.9?
(C) Multi-.Family Serrn~e. Multiple-family dwelling units containing five (5) units or more shall use
containers emptied by mechanical means, except as otherwise approved by the City because
of lack of suitable space for a mechanical container or other good reason. Multiple-family
monthly fees shall be based on a per-unit charge. "These monthly rates assume two (2)
pickups per week. If the amount of refuse generated requires more than two (2) pickups per
week, then the third and all subsequent collections shall be charged by the Contractor at the
commercial collection rate only.
If using roll out carts located witlun enclosures for multi-family collection service, in
addition to the monthly total fec~based on the number of unitsL,paid to the City, the
Contractor iti permitted to charge aroll-out rate that shall be the same as rollout cart service
for commercial customers listed in Fxhibit 1, Special Services of the franchise a€;reement.
If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of
$1 00 per cart may be charged by the Contractor directly to the customer.
Collection & Hauling
Rate Per Unit
Monthly
Monthly Service Cost
I'cr Unit
Refuse Collection $3.03
Recycling 2.44
15 ORD. NO. 22-]0
"Total Per-Unit Fee--Contractor $5.47
Administrative hcc 0.35
Franchise Fee (10%) 0.55
Less C & D Credit -0.10
"Total Monthly Fees Pcr Unit $G.27
(C) Commer~zal Sen~ice.
(1) Commercial customers shall use mechanical containers or rollout carts. Commercial
customers shall include all customers other than residential or multi-family customers.
Commercial customers may use any of the following containers for accumulation of refuse:
(a) Rol/out Carta: The. City shall re9uire any commercial customer needing more than six (G)
rollout carts to use mechanical containers, if feasible.
(b) Mechanical Conlainer~-.
(2) T'he owners/operators of commercial establishments and other commercial customers shall
accumulate such refuse in those locations mutually agreed upon by the owner/operator and the
City or its contractor, and which are convenient for collection by the City or its contractor.
(3) Mechanical 6containers emptied by mechanical means shall be provided by the C-iit~
contractor. 'T'hese containers shall be emptied on a schedule mutually agreed upon by the
customer and the City or its contractor, but not less than one day a week nor more than seven
days a week.
(4) Commercial customers needing six (G) or less rollout carts, and those approved for this type
of service by the City in advance because they lack a suitable location for a mechanical
container, shall be serviced at least once per week. All garbage and commercial trash shall
be collected from such refuse containers at locations agreed to between the City or its
contractor and the customer. The charge shall be based upon the following schedule:
16 ORD. NO. 22-10
Commercial Rates (Monthly)
Container
Container Pickup Frequency (I'er Week)
Sire
1 2 3 4 5 6 7
2 Yard 42.30 84.61 126.91 169.22 211.52 253.82 296.13
Collection
Disposal 20.35 40.70 61.05 81.40 101.76 122.11 142.46
Container
Maintenance 19.40 19.40 19.40 19.40 19.40 19.40 19.40
Fee
'1 otal
Contractor 82.05 144.71 207.36 270.02 332.68 395.33 457.99
lees
franchise Fee 8 21 14.47 20.74 27.00 33.27 39.53 45.80
(10%)
Administrative i5 .35 .35 .35 .35 .35 .35
Fee
Total Fees 90.61 159.53 228.45 297.37 366.30 435.21 504.14
3 Yard 63.46 126.91 190.37 X53.82 317.28 380.74 44.19
Collection
Disposal 30.53 61.05 91.58 122.11 152.63 183.16 213.69
Container
Maintenance 21.44 21.44 21.44 21.44 21.44 21.44 21.44
Fee
Total
Contractor 115.43 209.40 303.39 397.37 491.35 585.34 679.32
Fees
Franchise Fee 11.54 20.94 30.34 39.74 49.14 58.53 67.93
(10%)
Administrative 35 .35 .35 .35 .35 .35 .35
IAee
17 ORD. NO. 22-10
Totall~ees 127.32 230.69 334.08 437.46 540.84 644.22 747.60
4 Yard g4.61 169.22 X53.82 338.43 23.04 507.65 592.26
Collection
Disposal 40.70 81.40 122.11 162.81 203.51 244.21 284.91
Container
Maintenance 22.21 22.21 22.21 22.21 22? 1 22.21 22.21
Fce
Total
Contractor 147.52 272.83 398.14 523.45 648.76 774.07 899.38
Fees
Franchise Fees 14.75 27.28 39.81 52.35 64.88 77.41 89.94
(10%)
Administrative 35 .35 .35 .35 .35 .35 .35
Fee
Total Fees 162.62 300.46 438.30 576.15 713.99 851.83 989.67
6 Yard 126.91 53.82 380.74 507.65 634.56 761.47 888.39
Collection
Disposal 61.05 122.11 183.16 244.21 305.27 366.32 427.37
Container
Maintenance 25.53 25.53 25.53 25.53 25.53 25.53 25.53
Fee
"Total
Contractor 213.49 401.46 589.43 777.39 965.36 1153.32 1341.29
Fees
I~ranchisc Fee 21.35 40.15 58.94 77.74 96.54 115.33 134.13
(10%)
Administrative 35 .35 .35 .35 .35 .35 .35
r-ee
Total Fees 235.19 441.96 648.72 855.48 1062.25 1269.00 1475.77
18 ORD. NO. 22-10
8 Yard 169.22 38.43 507.65 676.87 846.08 1015.30 1184.51
Collection
Disposal 81.40 162.81 244.21 325.62 407.02 488.42 569.83
Container
Maintenance 27.09 27.09 27.09 27.09 27.09 27.09 27.09
Fee
'Total
Contractor 277.71 528.33 778.95 1029.58 1280.19 1530.81 1781.43
Fees
Franchise Fee 27 77 52 83 77.90 102.96 128.02 153.08 178.14
(10%~
Administrative 35 .35 .35. 35 .35 .35 .35
Fee
Totall~ecs 305.83 581.51 857.20 1132.89 1408.56 1684.24 1959.92
C,ommenzal 1'•ront-Load Covn~acting C'ontainer~-
Container Pickup Frequency (I'er Week)~lc~~~eelf
517. e
1 2 3 4 5 6 7
2 Yard 5z?98 ~{-1-5-8(~ 158.82 211.76 264.70 317.64 370.58
Collection 52.94 105.88
Disposal ~r-3-3 4-5?~r3 183.30 244.40 305.50 366.60 427.70
61.10 122.20
Total 4~3 x-43 342.12 456.16 570.20 684.24 798.28
Contractor Fee 114.04 228.08
Franchise Fee ~~ X34 34.21 45.62 57.02 68.42 79.83
10% 11.40 22.81
Administrative .35 .35 35 .35 .35 .35 .35
Fee
Total l~ec ' ^~ 2 376.68 502.13 627.57 753.01 878.46
125.79 251.24
3 Yard 79.42 -1-38 238.26 21~ 397.10 467.52 555.94
Collection 158.84 317.68
Dis oral 91.65 ~~8 274.95 43-99 458.25 549.90 641.55
l9 ORD. NO. 22-10
183.30 366.60
'T'otal
Contractor Fcc 171.07 3~E~4
342.14 513.21 ~2
684.28 855.35 1026.42 1197.49
Franchise Fee
10% 17.11 ~~
34.21 51.32 ~~
68.43 85.54 102.64 119.75
Administrative
Fee .35 .35 .35 35 .35 .35 .35
Totall'ec 188.53 4~-5
376.70 564.88 9
753.06 941.24 1129.41 1317.59
4 Yard
Collection 4~9
105.89 211.78 21~
317.67 423.56 529.45 635.34 741.23
Disposal ~~
122.20 244.40 45?4A
366.60 488.80 611.00 733.20 855.40
Total
Contractor Fee x,:43
228.09 456.18 ~8
684.27 912.36 1140.45 1368.54 1596.63
Franchise Fce
10% x-84
22.81 45.62 ~2
68.43 91.24 114.05 136.85 159.66
Administrative
Fee 35 .35 .35 .35 .35 .35 .35
"Total Fee X54--Er2
25125 502.15 -5
753.05 1003.95 1254.85 1505.74 1756.64
~rrfl
E~lleetif~ 1 2~ ~1Er.-Fi4
-1~7 9
Teta-1 3~-~ 9~r9:~~,
0
~~
1`'C~ ~ ~~
2 ~t~tf(fz~-~
6 Yard
Collection 158.83 317.66 476.49 Fr34:~iA
635.32 794.15 952.98 1111.81
Disposal 18330 366.60 549.90 ~A
73320 916.50 1099.80 1283.10
Total
Contractor Fee 342.13 684.26 1026.39 ~-~~A:49
1368.52 1710.65 2052.78 2394.91
Franchise Fee 34.21 68.43 102.64 '~ 171.07 205.28 239.49
~ I
20 ORD. NO. 22- ] 0
10% 136.85
Administrative
Fee .35 .35 .35 .35 .35 .35 .35
Total Fee 376.69 753.04 1129.38 1'7~
1505.72 1882.07 2258.41 2634.75
8 Yard
Collection 211.78 423.56 635.34 847.12 1058.90 1270.68 1482.46
Dis oral 244.40 488.80 733.20 977.60 1222.00 1466.40 1710.80
'T'otal
Contractor Fee 456.18 912.36 1368.54 1824.72 2280.90 2737.08 3193.26
Franchise Fee 45.62 91.24 136.85 182.47 228.09 273.71 319.33
10%
Administrative .35 .35 .35 .35 .35 .35 .35
Fee
'T'otal Fee 502.15 1003.95 1505.74 2007.54 2509.34 3011.14 3512.94
Commercia//Mufti-Farm/y Permarrerrt Ro!!-O jj C ~ontainer~:
Permanent F3 open-top roll-off container: Two hundred twenty-five dollars ($225.00) per
pickup plus disposal cost and franchise fee
Compactors: 'T'wo hundred twenty-five dollars ($225.00) per pickup plus disposal cost and
franchise fee;
PLUS monthly container maintenance fee re~x-1
15 Yard $250.00
20 Yard $295.00
30 Yard $345.00
40 Yard $395.00
Excludes commercial recycling containers and construction/demolition debris.
2l ORD. NO. 22-10
Comnlerezul ~5-Gu/lon Cur/ Se»~ice (Does not apply to residential service)
Pickups Per Week
1 2 3 4 5 6
Collection 25.00 50.00 75.00 100.00 125.00 150.00
Disposal 5.09 10.18 15.27 20.36 25.45 30.54
Container Maintenance lee 2.00 2.00 2.00 2.00 2.00 2.00
't'otal Contractor Fees 32.09 62.18 92.27 122.36 152.45 182.54
Franchise Fee (10%) 3.21 6.22 9.23 12.24 15.25 18.25
Administrative Fee 0.35 0.35 0.35 0.35 0.35 0.35
'T'otal Fees 35.65 68.75 101.85 134.95 168.05 201.14
NO"1'I~: 'I'hc foregoing rates are based on thirty-five dollars ($35.00) per ton (two dollars thirty-five
cents ($2.35) per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be
effective October 1, 20059.
NO'1'C• Government buildings shall be char~rd the regrr/ur commercial customer rate, but shall not
be charged for disposal fees, where the Contractor receives the appropriate disposal credits from
SWA.
Sidewalk Containers
Waste Management currently picks up individual thirty-gallon cans along Atlantic Avenue, the beach
area, and Pineapple Grove. Out of a total of one hundred four (104) containers, eighty-four (84) do
not have property control numbers and, therefore, the City is not charged for disposal costs by the
Solid Waste Authority. Waste Management, by contract, does not charge the City for collection
costs but should be paid for their disposal costs.
22 ORD. NO. 22-10
Since the Solid Waste iluthority does not reimburse Waste Management for these disposal costs, it
should be the responsibility of the City to reimburse them.
The City will be billed nine thousand two hundred thirty eight dollars and thirty two cents
($9,238.32) annually which will be computed as follows:
Eighty-four (84) thirty-gallon containers picked up six (6) times per week 'T'hirty-five
dollars ($35.00) per ton disposal rate charge by SWA =Two dollar thirty-five cents
($2.35) per cubic yard
't'hirty-gallon container = .15 cubic yards
Eighty-four (84) contauiers x .15 cubic yards x six (6) pickups per week xfifty-two
(52) weeks x two dollar thirty five cents ($2.35) =nine thousand two hundred thirty
eight dollars and thirty two cents ($9,238.32)
Waste Management will be picking up trash at the newly installed bus shelters. The
City will be billed thirty-nine thousand dollars ($39,000.00).
'T'he Contractor shall be allowed to charge the Special Services rates, as set forth in Exhibit 1 of the
liranchise Alreemcnt, if the Contractor performs and of the services listed on the special services
exhibit. 't'he Cites franchise fee shall be applied to these rates.
Section 7. "That Chapter 51, "Garbage and Trash", subheading, "Rates and Charges", of
the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 51.71,
"Payment and Billing", to read as follows:
Sec. 51.71. I'AYMENI' AND BILLING.
(A) Compe~r.calion. 1'he City shall pay the contractor compensation for the performance of the
contract the sums due as set forth in Section 51.70, subject to any conditions or deductions as
provided under the contract. Contractor shall submit an invoice by the tenth of each month for
residential services rendered during the preceding month, and payments will be made to the
contractor within thirty (30) days upon receipt and verification of the invoice submitted. Service
to commercial customers will be billed directly by the Contractor in accordance with the
schedule of rates set forth in Section 51.70, subject to any conditions or deductions as provided
under this agreement.
(I3) I3i//ink Proceda~res: Billing arrangements for the various service types are summarized as
follows:
23 ORD. NO. 22-10
Service Type Customer Billed By
Solid Waste Collection
Residential and Multifamily City
Commercial Contractor
Vegetative Waste Collection
Residential City
Recyclable Materials Collection
Residential and Multifamily City
Commercial Contractor
Special Collections
Residential Ci
Commercial Contractor
Commercial -Code Enforcement Ci
Container ~l maintenance/Purchase
Residential City
Commercial and Multifamily Contractor
Container Special Services
Residential, Multifamily and Commercial Contractor
On the first day of each month the contract pa}'ment(s) for all services hereunder shall be
adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old
buildings. The adjustment made on the First day of each month shall be for buildings either occupied
or demolished during the second month preceding the adjustments. For example, any change which
is made on~une 1 of any year will be for buildings occupied or demolished in April of the subject
year. Any existing unit shall be considered unoccupied whenever the City has temporarily terminated
water service, at the customer's request only. Any new unit shall be considered to be occupied when
a certificate of occupancy has been issued and water senTice has been provided to the unit's
occupant(s). Proof of demolition shall be demolition permits issued by the Building Department.
(C) Di~po.~~crl Coe-tr. Residential and multifamily solid waste disposal costs shall not be included
with residential and multifamily collection sen~ice costs.
24 ORD. NO. 22-10
Residential and multifamily disposal costs will be billed by the Solid Waste Authority of Palm
Beach County by non_ad valorem assessment. 'The contractor will be given a disposal credit for
each residential unit as calculated by the Solid Waste Authority. However, the City shall not be
responsible for disposal shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non_ad
valorem assessment. '1'hc nonassessmcnt portion of the commercial disposal costs will be billed to
the commercial customers by the Contractor. The Contractor shall pay the Solid Waste Authority
for all solid waste disposal costs incurred and not paid through non_ad valorem assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
51.70:
(1) "I'he container monthly maintenance charge;
(2) The container monthly disposal charge; and
(3) "I'he monthly collection and hauling fees
~~
~4) Special services fees, as set forth in the franchise agreement.
(5) Franchise Fee as detcrrnined by the City, which is based upon the disposal charges
the collection cost, the monthly maintenance charge, and special service charges, if any.
~rt~.. r-~~...,...~.__ ..~.,.n _...~.:~ ,.n t..,..,..t_:.,,, c,.,.., ~~ .t,,. ~~;«....., ~ .__~~a_i.. t_,.,.:.. ~~~~... r-:.~...~.,.tt
The charge for disposal to the
customer shall increase or decrease in accordance with the charges e€ set by the Solid Waste
Authority.
Section 8. That Chapter 51, "Garbage and Trash", subheading, "Unbilled Properties;
Remedial Measures", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 51.77, "Regular Charges Levied", to read as follows:
Sec. 51.77 UNBIl.LLD PROPER'1'I1~.S; RL;MEDIAL MI?ASURES.
(A) The contractor is entitled to payment for services rendered to properties for each
dwelling unit within the City. If it is discovered that dwelling units have not been billed for services
rendered, then the City shall bill for the total of all monthly service charges due, °~ •~ `~-•-
"Thereafter, service
charges for such units shall be billed monthly as provided in Section 51.71.
25 ORD. NO. 22-10
Residential and multifamily disposal costs will be billed by the Solid Waste Authority of Palm
Beach County by non_ad valorem assessment The contractor will be given a disposal credit for
each residential unit as calculated by the Solid Waste Authority. However, the City shall not be
responsible for disposal shortfall costs.
Part of the commercial disposal costs will be billed by the Solid Waste Authority by non-ad
valorem assessment. 'I'hc nonassessmcnt portion of the commercial disposal costs will be billed to
the commercial customers by the Contractor. 'The Contractor shall pay the Solid Waste Authority
for all solid waste disposal costs incurred and not paid through non_ad valorem assessment.
The Contractor shall bill commercial customers the appropriate fees as set forth in Section
51.70:
(1) The container monthly maintenance charge;
(2) The container monthly disposal charge; and
(3) The monthly collection and hauling fees --•~~'~ ~ c ~~~'~~"~ ~-° °:~ ~~~~~""' ~u vy tl~c
F
~4) Special services fees, as set forth in the franchise agreement.
(5) franchise Fee as determined by the Cit~•, which is based upon the disposal char~7~
the collection cost, the monthly maintenance charge, and special service charges, if any.
'7"1. .. !`..... ~......~,.« ,. L... 11 «,......:~ ,. 11 t«,..~,. L.:,, ,. C,.,,.. ~.~ .1,,, !':.-,. ~., ,. .__,_.. ~L.1.. 1-.,. ,.:,. Tl. ,. !': ~., .. L... 11
cz ai} V[l J1J. i iii. ~.a iy ~i.nu
The charge for disposal to the
customer shall increase or decrease in accordance with the charges e€ set by the Solid Waste
Authority.
Section 8. '1"hat Chapter 51, "Garbage and "Trash", subheading, "Unbilled Properties;
Kemcdial Measures", of the Code of Ordinances of the City of Delray Beach is hereby amended by
amending Section 51.77, "Regular Charges I,evicd", to read as follows:
Sec. 51.77 UNBILLED PROPERTIES; REMEDIAL MEASURES.
(A) "The contractor is entitled to payment for services rendered to properties for each
dwelling unit within the Cite. If it is discovered that dwelling units have not been billed for services
rendered, then the City shall bill for the total of all monthly service charges due, °~ ~~ ~~'~
Thereafter, service
charges for such units shall be billed monthly as provided in Section 51.71.
25 ORD. NO. 22-10
(B) Dwelling unit is defined in Appendix ~~, "Definitions", of the Land Development
Regulations of the Code of Ordinances of the City of Delray Beach, Florida.
Section 9. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 10. What all ordinances or parts of ordinances in conflict herewith be and the
same arc hereby repealed.
Section 11. "That this ordinance shall become effective upon its passage on second and
final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the 3«'
day of August 2010.
Mr,YOR
ATTEST:
City Clerk
First Rcadin d~0
Second Readin > ~ ~~^
26 ORD. NO. 22-10
Saturday, July 24, 2010 ~ (561) 82Q:4343
AMENDMENT NO.4 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMBER 20, 2001
THIS AMENDMENT NO. 4 to the Solid Waste and Recycling Collection
Franchise Agreement dated September 20, 2001 is made this ~~~day of
2010 by and between the CITY OF DELRAY BEACH (the City) and
WASTE MANAGEMENT INC. OF FLORIDA ("WMIF").
WITNESSETH:
WHEREAS, the Franchise Agreement dated September 20, 2001, and as further amended,
provides for the collection of solid waste and recycling materials within the City (the
"Agreement"); and
WHEREAS, the Franchise Agreement was transferred from BFI to WMIF; and
WHEREAS, the parties desire to amend the Agreement to provide for a clarification of tl~e
terms.
NOW, THEREFORE, in consideration of the covenants contained herein and for other
good and valuable consideration, the receipt and sufficiency of which is acknowledged, the
parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Contract Administrator shall be the City Manager or his/her designee.
The Contract Administrator shall mean the person designated by the City Manager who
shall act as the City's representative during the term Agreement.
3. Contractor shall not be allowed to charge any fee to the City or to any
residential or commercial customer unless such fee is set forth in City ordinance or in
the Franchise Agreement or Contractor has received written approval from the Contract
1
v
Administrator to charge such fee. If Contractor is charging/remitting fees that are not
specifically set forth in City Ordinance, the Franchise Agreement or where prior written
approval has been given by the Contract Administrator, Contractor shall immediately
cease charging/remitting such fees and shall immediately notify the Contract
Administrator in writing of such action.
4. In an effort to confirni the accuracy of Commercial Franchise Fees remitted on a
monthly basis, WMIF will provide the following:
Commercial Customer Franchise Fee Summary (Billing Register Report)
On a monthly basis, the City could randomly select 10 to 20 Commercial
Customers and request all detailed infornation regarding these accounts from
WMIF.
The requested information should include customer name, service address
(number and street name should be provided in separate cells), container type,
frequency of pick-up, Special Service fees (if applicable), Administrative Fee (if
applicable), total monthly Franchise Fee earned from the service provided and
total monthly billed amount earned from the service provided.
WMIF shall provide this detailed information electronically (i.e., E-Mail), in
Excel format, to the City for testing purposes.
The City may conduct, on an as needed basis, a test of these randomly selected
customers, which may include field visits, to confirm the accuracy of Franchise
Fees received.
5. The definition of Roll-off Collection Service is amended as follows:
Roll-off collection service shall a-)-se mean the collection of (1) solid waste in
roll-off compactors• (2) solid waste from permanent open-top roll-off containers• (3)
horticultural or agricultural wastes at horticultural or agricultural nurseries, but only
when the customer chooses to use open top roll-off containers for horticultural or
agricultural waste, and horticultural and agricultural waste shall not include any other
type of waste, including, but not limited to, special waste, garbage or recyclable
materials.
6. Clarification regarding the roving clamshell truck -
The additional clamshell truck and driver service assigned to Code Enforcement
shall pick up vegetative waste or bulk trash that is placed adjacent to the pavement or
travel way of the street/alley as directed by the City. For collections from residential
properties the fee for the collection, as set forth in City ordinance, shall be billed and
retained by the City. Collection fees from commercial properties (associated with code
enforcement activities) shall be billed by the City and remitted to the contractor. The
clamshell truck shall not be used for any non code enforcement commercial collection
service.
2
7. Sidewalk Containers -
The Contractor shall collect and dispose of the waste from the City sidewalk
containers on a weekly basis and shall be paid the annual amount that is set forth in
City ordinance on a prorated monthly basis (in arrears).
8. Exhibitl to the Franchise Agreement is amended as follows:
RATES DETERMINED BY THE CITY
(NOT TO B E ADJUSTED DURING TERM)
MONTHLY CONTAINER B~ MAINTENANCE RATES
CONTAINERS
SIZE RATE
1 YD $18.70
2 YD $19.40
3 yD $21.44
4 YD $22.21
6 YD $25.53
g yD $27.09
10 YD $32.79
95 GAL. CART 1.00
3
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERIvI)
SPECIAL SERVICES
.lPr~n CCP Rate Uer Service
Rolling Chit Commercial/multifami1y95 gallon $1.00 (no charge for commercial less than 10 feet)
container (10 or snore feet)
Rolling Chit Container (and returning it to original $2.70
location)
C-pening (and closing) Doors or Gates No Charge
$9.00 (one time)
Locks for Containers Charge for Replacements based on cost + 10%
$1.35
Unlocking Containers
$55.00
Supplying (and retrofitting) locking mechanism on
container
No Charge
Adding wheels to or changing wheels on Containers
No Charge
Adding lids to or changing lids on Containers
No Charge
Moving Container Location Per
Customer Request
$25.00
Changing Chit Sizes (above twice per year)'
Additional Scheduled Pick ups for Residential Same as Applicable Commercial Collectior
Containerized Customers (No Disposal Charges)
Additional Unscheduled (not including "on-call") 3 times more Applicable Commercial R
Pick-ups for Commercial and Residential (No Disposal Charges for Residentia
Containerized Customers
Special Service or special equipment required because Negotiable
of impaired accessibility
''The first two change outs are free to the customer
9. WMIF agrees and accepts the unit counts as of April 1, 2010 as follows
AGAR - 15,080, BGAR - 1425, CGAR-2638, DGAR-14,601. As of the August 2010
billing, both parties agree that one hundred ninety one (191) units (Villa D'Este) will be
moved from DGAR to AGAR. WMIF also agrees that the City may change these counts
in the future, based upon the construction or destruction of units and/or upon a
customer's request to change the level/type of service. WMIF agrees to pay to the City
(within 20 days of the execution of this Amendment) the amount of $26,159.04 in full
satisfaction of the issues set forth in the City's residential solid waste program analysis
that was completed on July 5, 2010. The parties agree that the issues raised in the
residential and commercial reports issued by the City and presented to the City
Commission at the July 13, 2010 commission meeting will have been fully satisfied
once the amount stated above has been paid to the City and that neither party shall have
any right to make a claim related to any overbilling, underpayment or billing error issue
that may have occurred prior to April 1, 2010, against the other party, arising out of the
Solid Waste Collection Franchise Agreement.
10. All franchise fee payments made from the contractor to the City shall be
paid in arrears beginning in the month of October, 2010 and each month thereafter.
11. This Amendment No. 4 together with the original Agreement and any
written amendments hereto, constitute the entire Agreement between the parties relating
to the subject matter hereof. It is the final expression of agreement between the parties,
thus, neither party shall be entitled to rely upon any conflicting oral representations,
assurances, claims or disclaimers, made either prior to or simultaneous with the
execution of this Amendment.
12. Except as expressly modified in writing herein or as modified by
5
~'
subsequent written amendments, all other terms and conditions of the original
Agreement and any amendments thereto survive this Amendment and are deemed to be
incorporated herein and are binding on the parties.
IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid
Waste and Recycling Collection Franchise Agreement on the day and year first
hereinabove written.
ATTEST:
City Clerk
Approved as to legal form
an sufficiency:
City Attorney
WITNESSES:
- 4 ~-~~ `. ~--
(name printed or typed)
I /,
~~-L1~y ;
(name printed or typed)
CITY OF bELRAY B
By:
Nelson S. McDu
WASTE MANAGEMENT INC.
OF FLORIDA
r
By: - --- -- --------
(Corporate Seal)
STATE OF __~ Lor~~Pr _
COUNTY OF ~,ro u~Pt--~'~
The foregoing instrument was acknowledged be~f~o~r"e" me this ~ day of
__ __ _, 2010 byT,~.c~~Ct~r?, as ` ~. ____ _ _ (name of
officer r agent, title of officer or agent), of Waste Management Inc. of Florida, a
Florida corporation, on behalf of the corporation. He/She is personally known to me or
has produced _____________ (type of i~ntification) as i entification.
Notary Public, State of Fl~rida at Large
iiUSALINA VELA
* `~>s ~=' k ~JY COMMISSION # DD 603431
_ EXPIRES: October9, 2010
'' bonded Thru Budget Notary Services
Name Typed, Printed or Stamped
FY.O'RIDA
6
`~~~ ur ut~r~Nl
CITY ATTORNEY'S OFFICE
DELRAY BEACH
All-America City
1 I
i y~> ; DATE:
zo~~ i
August 11, 2010
Writer's Direct Line: 561/243-7091
ECEIVE®
MEMORANDUM
AUG 1 1 2010
CITY CLERK
TO: Lanelda Gaskins, Deputy City Clerk
FROM: Brian Shutt, City Attorney ~j~Sj/~,,,
SUBJECT: Amendment No 4 to Solid Waste and Recycling Collection
Franchise Agreement Dated September 20, 2001
Attached are two partially executed originals of Amendment No. 4 to the Solid
Waste and Recycling Collection Franchise Agreement which I have approved as
legal sufficiency and form. Please have the Mayor sign these agreements. Once
they are fully executed, please send me a copy for my files.
Thanks.
RBS:jw
Attachments
REVISED MEMORANDUM
To: Brian Shutt, City Attorney
CC: Milena Walinski, Assistant Finance Director
File
From: Lanelda Gaskins, Deputy City Clerk
Date: 8/31 /2010
Re: Amendment No. 4 to Agreement/Waste Management Inc. of Florida (WMIF)
For your records and disbursement, attached please fmd one (1) fully executed original
of Amendment No. 4 to the Solid Waste and Recycling Collection Franchise
Agreement dated September 20, 2001 behveen the City and Waste Management Inc., of
Florida. This item was approved by Commission at the August 3, 2010 Regular
Meeting; Item 10.D.1.
A an original agreement will be maintained in the Clerk's Department and a copy has
been sent to Milena Walinski. Please call me at 243-7059 if you have any questions.
Thank you.
LG/lg
Attachment