05-14-13 Workshop MeetingCITY COMMISSION LktLl?:X1 tff:1[ H
CITY OF DELRAY BEACH, FLORIDA
WORKSHOP MEETING - TUESDAY, MAY 149 2013 Jim. Ica
6:00 P.M. DELRAY BEACH CITY HALL
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2001
The City will furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an
equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City.
Contact the City Manager at 243 -7010, 24 hours prior to the program or activity in order for the City to reasonably
accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers.
WORKSHOP AGENDA
1. Presentation of FY 2012 Audit Report
2. Police & Fire Pension Plan Discussion
3. Beach Equipment Rental Concession Request for Proposal (RFP)
4. Discussion regarding Waste Management Agreement
5. Discussion regarding Controlled Parking in Residential Areas
6. Update on the Grade Level Reading Campaign
7. Discussion regarding Special Event Policies and Procedures for Street Closures
8. Commission Comments
Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any
matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and
evidence upon which the appeal is based. The City neither provides nor prepares such record.
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David Boyd, Director of Fianance
THROUGH: Louie Chapman, Jr., City Manager
DATE: May 8, 2013
SUBJECT: AGENDA ITEM WS.1 - WORKSHOP MEETING OF MAY 14, 2013
PRESENTATION OF FY 2012 AUDIT REPORT
ITEM BEFORE COMMISSION
Presentation of FY 2012 Audited Financial Statements and Financial Highlights by the CPA firm of
Caler, Donton, Levine, Porter & Veil, P.A.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Bruce Koeser, Human Resources Director
THROUGH: Louie Chapman, Jr., City Manager
DATE: May 9, 2013
SUBJECT: AGENDA ITEM WS.2 - WORKSHOP MEETING OF MAY 14, 2013
DELRAY BEACH POLICE & FIRE PENSION DISCUSSION
ITEM BEFORE COMMISSION
The item before the Commission is a discussion of the City of Delray Beach Police Officers and
Firefighters Pension Plan.
BACKGROUND
The Police and Fire Pension Plan plan topic is on the agenda for discussion by the City Commission.
Attached for your review is a copy of the most recent actuarial valuation for the plan.
CITY OF DELRAY BEACH
POLICE OFFICERS' AND FIREFIGHTERS'
RETIREMENT SYSTEM
ACTUARIAL VALUATION
AS OF OCTOBER 1, 2012
CONTRIBUTIONS APPLICABLE TO THE
PLAN /FISCAL YEAR ENDED SEPTEMBER 30, 2014
Board of Trustees
City of Delray Beach
Police Officers' and Firefighters' Pension Board
609 Homewood Boulevard
Delray Beach, FL 33445
Re: City of Delray Beach Police Officers' and Firefighters' Retirement System
Dear Board.-
We are pleased to present to the Board this report of the annual actuarial valuation of
the City of Delray Beach Police Officers' and Firefighters' Retirement System. The
valuation was performed to determine whether the assets and contributions are
sufficient to provide the prescribed benefits and to develop the appropriate funding
requirements for the applicable plan year.
The valuation has been conducted in accordance with generally accepted actuarial
principles and practices, including the applicable Actuarial Standards of Practice as
issued by the Actuarial Standards Board, and reflects laws and regulations issued to
date pursuant to the provisions of Chapters 112, 175 and 185, Florida Statutes, as well
as applicable federal laws and regulations. In our opinion, the assumptions used in this
valuation, as adopted by the Board of Trustees, represent reasonable expectations of
anticipated plan experieince.
In conducting the valuation, we have relied on personnel, plan design, and asset
information supplied by the City of Delray Beach, and the actuarial assumptions and
methods described in the Actuarial Assumptions section of this report. While we cannot
verify the accuracy of all this information, the supplied information was reviewed for
consistency and reasonableness. As a result of this review, we have no reason to
doubt the substantial accuracy of the information and believe that it has produced
appropriate results. This information, along with any adjustments or modifications, is
summarized in various sections of this report.
13420 Parker Commons Blvd., Suite 104 Fort Myers, FL 33912 • (239) 433-5500 - Fax (239) 481-0634 • www.foster-foster.com
-(2�42-L
The undersigned is familiar with the immediate and long -term aspects of pension
valuations, and meets the Qualification Standards of the American Academy of
Actuaries necessary to render the actuarial opinions contained herein. All of the
sections of this report are considered an integral part of the actuarial opinions.
To our knowledge, no associate of Foster & Foster, Inc. working on valuations of the
program has any direct financial interest or indirect material interest in the City of Delray
Beach, nor does anyone at Foster & Foster, Inc. act as a member of the Board of
Trustees of the City of Delray Beach Police Officers' and Firefighters' Retirement
System. Thus, there is no relationship existing that might affect our capacity to prepare
and certify this actuarial report.
If there are any questions, concerns, or comments about any of the items contained in
this report, please contact me at 239 - 433 -5500.
Respectfully submitted,
Foster & Foster, Inc.
By:
Bradley WHekrichs
Enrolled ctt ry #11 -6901
BRH /Ike
Enclosures
3
4
TABLE OF CONTENTS
Section Title Page
Introduction
a. Summary of Report 5
b. Changes Since Prior Valuation 7
c. Requirements of Chapter 112,
Part VII, Florida Statutes 8
Valuation Information
a. Reconciliation of Unfunded
Actuarial Accrued Liability 13
b. Actuarial Assumptions and Methods 15
c. Valuation Notes 17
d. Analysis of Excess State Contributions 18
Trust Fund 20
IV Member Statistics
a. Eligibility for Retirement 27
b. Statistical Data 28
c. Age and Service Distribution 29
d. Member Reconciliation 30
V Summary of Plan Provisions 31
VI Governmental Accounting Standards 34
Board Statements No. 25 and No. 27
Disclosure Information
VII Senate Bill 1128 Compliance 37
5
SUMMARY OF REPORT
The regular annual actuarial valuation of the City of Delray Beach Police Officers' and
Firefighters' Retirement System, performed as of October 1, 2012, has been completed
and the results are presented in this Report. The contribution amounts set forth herein are
applicable to -the plan /fiscal year ended September 30, 2014.
The contribution requirements, compared with those set forth in the February 14, 2012
actuarial impact statement determined as of October 1, 2011, are as follows:
Valuation Date
Applicable Plan /Fiscal Year End
Total Required Contribution
% of Total Annual non -DROP Payroll
Member Contributions (Est.)
% of Total Annual non -DROP Payroll
City and State Required Contribution
% of Total Annual non -DROP Payroll
State Contribution *
% of Total Annual non -DROP Payroll
Balance from City **
• of Total Annual non -DROP Payroll
• of Total projected Annual Payroll
(including DROP Payroll)
10/1/2011 10/1/2012
9/30/2013 9/30/2014
$10,221,520 $11,739,567
60.6% 69.6%
$1,518,047 $1,518,047
9.0% 9.0%
$8,703,473 $10,221,520
51.6% 60.6%
$504,922
3.0%
$8,198,551
49.3%
39.3%
$504,922
3.0%
$9,716,598
57.6%
46.6%
* "Frozen" pursuant to the provisions of Chapters 175 and 185, Florida Statutes.
** For budgeting purposes, the required Sponsor Contribution (City and State) is
60.6% of Pensionable Earnings for the fiscal year ending September 30, 2014.
The precise City Requirement for the year is this amount, less actual State
Contributions (up to the maximum $504,922). Additionally, the City has a shortfall
of $2,098.36 due in addition to the amounts shown. Please note that the dollar
amounts shown are estimates based on the valuation payroll as of October 1,
2012.
During the last twelve months, the Plan's actuarial experience was more favorable than
expected on the basis of the actuarial assumptions. The primary source of gain was
average increases in pensionable compensation that were more than 8% less than the
assumed rate. Partially offsetting this gain was the effect of a 5.7% investment return
(Actuarial Asset basis) that was less than the 8.0% assumption.
Despite this gain, the contribution requirements have increased as a percentage of payroll
primarily due to the decrease in the payroll growth assumption from 4.0% to 2.5% and the
decline in payroll.
For informational purposes, -the City's funding requirement, when expressed as a
percentage of payroll, including an estimate of the annual pay for DROP participants, is
approximately 47% for the 2013/2014 fiscal year. It is important to note that this funding
rate is for illustration purposes only. The City should budget based on the information
shown on page 1, applied to non -DROP payroll only.
The balance of this Report presents additional details of the actuarial valuation and the
general operation of -the Fund. The undersigned looks forward to meeting with the Board of
Trustees in order to discuss the Report and answer any pending questions concerning its
contents.
Respectfully submitted,
FOSTER & FOSTER. INC.
Christine M. O'Neal, _
W
M
7
Plan Chanaes Since Prior Valuation
Since the prior valuation Ordinance 16 -12 was passed which amended the definition of
Earnings for Police Officers on and after October 1, 2006 to include up to 25 hours of
overtime per fiscal year. This ordinance also adopted the summary judgment regarding
Chapter revenue in excess of $504,922. The base State contribution available as a credit
against the required contribution is $504,922. All Chapter revenue above $504,922 and
below the Chapter 99 -1 baseline of $830,154 ($383,747 for Firefighter and $446,407 for
Police) goes into the Excess State Contribution Account. Any additional Chapter 175
revenue over $383,747 also goes into the account. However, any Chapter 185 revenue
above $446,407 must be held in reserve until all minimum benefits for Police Officers are
met.
Actuarial Assumption /Method Changes Since Prior Valuation
Since -the prior valuation the payroll growth assumption has been lowered from 4.0% to
2.5% to comply with Florida Statutes.
M
Comparative Summary of Principal Valuation Results
A. Participant Data
Number Included
Actives
Service Retirees
DROP Retirees
Beneficiaries
Terminated Vested
Disability Retirees
Total
Total Annual Payroll
Payroll Under Assumed Ret. Age
Annual Rate of Payments to:
Service Retirees
DROP Retirees
Beneficiaries
Terminated Vested
Disability Retirees
B. Assets
Actuarial Value
Market Value
C. Liabilities
Present Value of Benefits
Active Members
Retirement Benefits
Disability Benefits
Death Benefits
Vested Benefits
Refund of Contributions
Service Retirees
DROP Retirees
Beneficiaries
Terminated Vested
Disability Retirees
Police Overtime Account
COLA Account Balance
Total
1 n/1 /212 1 n/1 /2011
233
238
143
137
44
38
18
16
4
2
21
23
463
454
$17,029,970
$18,523,897
16,867,194
17,972,316
7,200,022
6,696,674
3,130,126
2,638,864
253,088
204,018
27,491
27,491
649,705
701,431
123,483,089 118,893,481
126,995,471 109,691,200
106,335,772
114,812,088
2,442,948
2,594,595
992,838
1,052,385
1,254,148
1,250,437
590,727
612,008
84,713,108
79,593,457
39,756,002
33,656,297
2,517,981
2,093,309
299,404
252,507
6,684,036
7,485,367
1,025,358
578,080
6,358,560
5,053,338
252,970,882 249,033,868
*Liabilities shown represent present value of future payments. Assets in item B.,
above, do not include accumulated DROP account balances.
W7
10/11/2012 10/11/2011
C. Liabilities - (Continued)
Present Value of Future Salaries 140,640,415 150,731,943
Present Value of Future Member Cont. 12,657,637 13,565,875
Normal Cost (Entry Age Normal)
Retirement Benefits
3,961,167
4,238,131
Disability Benefits
187,394
189,299
Death Benefits
82,356
82,987
Vested Benefits
79,011
81,829
Refund of Contributions
108,349
111,539
Total Normal Cost
4,418,277
4,703,785
Present Value of Future Normal Costs
36,676,101
39,135,611
Actuarial Accrued Liability (Entry Age Normal)
Retirement Benefits
72,870,110
78,957,104
Disability Benefits
898,283
1,005,096
Death Benefits
317,935
360,074
Vested Benefits
700,014
670,553
Refund of Contributions
153,990
166,346
Inactives plus State Reserve
141,354,449
128,712,355
Total Actuarial Accrued Liability
216,294,781
209,871,528
Unfunded Actuarial Accrued Liab (UAAL)
92,811,692
91,004,776
D. Actuarial Present Value of Accrued Benefits
Vested Accrued Benefits
Inactives'
133,970,531
123,080,937
Actives
28,978,905
31,745,485
Member Contributions
7,982,317
8,050,950
Total
170,931,753
162,877,372
Non - vested Accrued Benefits
4,849,448
5,302,590
Total Present Value Accrued Benefits
175,781,201
168,179,962
Increase (Decrease) in Present Value of
Accrued Benefits Attributable to:
Plan Amendments 0
Assumption Changes 0
New Accrued Benefits 2,348,796
Benefits Paid (net of DROP Lump Sums) (7,886,494)
Interest 13,138,937
Other 0
Total: 7,601,239
10
Valuation Date 10/1/2012 10/1/2011
Applicable to Fiscal Year Ending 9/30/2014 9/30/2013
E. Pension Cost
Normal Cost (with interest)
% of Total Annual Payroll* 27.2 27.2
Administrative Expense (with interest)
% of Total Annual Payroll* 1.3 1.3
Payment Required to Amortize
Unfunded Actuarial Accrued
Liability over 30 years
(as of 10/1/2012)
% of Total Annual Payroll* 41.1 32.1
Total Required Contribution
% of Total Annual Payroll* 69.6 60.6
Expected Member Contributions
% of Total Annual Payroll* 9.0 9.0
Expected City & State Contribution
% of Total Annual Payroll* 60.6 51.6
F. Past Contributions
Plan Year Ending: 9/30/2012
Total Required Con'tribu'tion 8,573,515
City and State Requirement 7,107,759
Actual Contributions Made:
Members
1,512,662
City
6,602,837
State
504,922
Total
8,620,421
G. Net Actuarial Gain (Loss) 1,500,334
* Contributions developed as of 10/1/12 are expressed as a percentage of total projected
annual payroll at 10/1/12 of $16,867,194.
** Frozen per Chapters 175 and 185, Florida Statutes, as amended.
H. Schedule Illustrating the Amortization of the Total Unfunded Actuarial Accrued
Liability as of:
I. (i) 3 Year Comparison of Actual and Assumed Increases in Pensionable Compensation.
Year Ended 9/30/2012 -2.7% 6.25%
Year Ended 9/30/2011 4.6% 6.25%
Year Ended 9/30/2010 4.2% 6.25%
(ii) 3 Year Comparison of Investment Return on Actuarial Value
Year Ended
Year Ended
Year Ended
(iii) Average Annual Payroll Growth
(a) Payroll as of:
(b) Total Increase
(c) Number of Years
(d) Average Annual Rate
9/30/2012
9/30/2011
9/30/2010
Actual
5.7%
-3.0%
-1.3%
10/1/2012
10/1/2002
Assumed
8.0%
8.1%
8.2%
$17,029,970
13,312,406
27.9%
10.00
2.5%
11
Projected Unfunded
Year
Accrued Liability
2012
$92,811,692
2013
93,036,274
2014
93,099,292
2019
90,326,571
2024
80,317,479
2034
27,874,710
2042
0
I. (i) 3 Year Comparison of Actual and Assumed Increases in Pensionable Compensation.
Year Ended 9/30/2012 -2.7% 6.25%
Year Ended 9/30/2011 4.6% 6.25%
Year Ended 9/30/2010 4.2% 6.25%
(ii) 3 Year Comparison of Investment Return on Actuarial Value
Year Ended
Year Ended
Year Ended
(iii) Average Annual Payroll Growth
(a) Payroll as of:
(b) Total Increase
(c) Number of Years
(d) Average Annual Rate
9/30/2012
9/30/2011
9/30/2010
Actual
5.7%
-3.0%
-1.3%
10/1/2012
10/1/2002
Assumed
8.0%
8.1%
8.2%
$17,029,970
13,312,406
27.9%
10.00
2.5%
11
12
STATEMENT BY ENROLLED ACTUARY
This actuarial valuation was prepared and completed by me or under my direct
supervision, and I acknowledge responsibility for the results. To the best of my
knowledge, the results are complete and accurate, and in my opinion, the techniques
and assumptions used are reasonable and meet the requirements and intent of Part VII,
Chapter 112, Florida Statutes. There is no benefit or expense to be provided by the
plan and/or paid from the plan's assets for which liabilities or current costs have not
been established or otherwise taken into account in the valuation. All known events or
trends which may require a material increase in plan costs or required contribution rates
have been taken into account in the valuation.
r
Bradley ei richs, FSA, FA, MAAA
Enrolled ctu ry #11 -6901
Please let us know when the report is approved by the Board and unless otherwise
directed we will provide copies of the report to the following offices to comply with
Chapter 112 Florida Statutes:
Mr. Keith Brinkman
Bureau of Local
Retirement Systems
Post Office Box 9000
Tallahassee, FL 32315 -9000
Patricia Shoemaker
Municipal Police and Fire
Pension Trust Funds
Division of Retirement
Post Office Box 3010
Tallahassee, FL 32315 -3010
13
RECONCILIATION OF UNFUNDED ACTUARIAL ACCRUED LIABILITIES
(1) Unfunded Actuarial Accrued Liability
$91,004,776
as of October 1, 2011
(2) City and State Normal Cost Applicable
3,309,201
for the year *
(3) Interest on (1) and (2)
7,536,201
(4) Sponsor Contributions to the
System during the
7,107,759
year ending September 30, 2012
(5) Interest on (4)
430,393
(6) Change to UAAL due to (Gain)
/Loss
(1,500,334)
(7) Unfunded Accrued Liability as
of October 1, 2012
92,811,692
(1) +(2) +(3)- (4)- (5) +(6)
Date
Years
10/1/2012
Amortization
Established
Remaining
Amount
Amount
10/1/2002
11
1,352,765
157,594
10/1/2003
11
(419,127)
(48,827)
10/1/2003
19
3,299,668
267,038
Actuarial Loss 10/1/2004
20
7,396,426
581,181
Assump Change 10/1/2005
20
813,988
63,960
Actuarial Loss 10/1/2006
21
7,529,250
575,735
Benefit Change 10/1/2007
21
11,214,419
857,526
Actuarial Loss 10/1/2007
22
7,486,890
558,271
Actuarial Loss 10/1/2008
23
7,355,626
535,849
Actuarial Loss 10/1/2008
24
5,166,887
368,349
Assump Change 10/1/2009
25
4,055,401
283,358
Actuarial Gain 10/1/2008
25
(675,690)
(47,212)
Method Change 10/1/2009
25
(18,330,427)
(1,280,778)
Actuarial Loss 10/1/2008
26
15,519,897
1,064,303
Assump Change 10/1/2008
26
2,101,575
144,119
Actuarial Loss 10/1/2009
27
12,975,596
874,442
Assump Change 10/1/2009
27
2,192,257
147,739
Benefit Change 10/1/2009
27
17,604
1,186
Actuarial Loss 10/1/2010
28
8,159,302
540,992
Assump Change 10/1/2010
28
2,061,904
136,712
Benefit Change 10/1/2010
28
27,178
1,802
Actuarial Loss 10/1/2011
29
13,152,840
858,926
Date
Established
Years
Remaining
10/1/2012 Amortization
Amount Amount
Assump Change 10/1/2011 29 2,394,958 156,399
Benefit Change 10/1/2011 29 (537,161) (35,078)
Actuarial Gain 10/1/2012 30 (1,500,334) (96,594)
92,811,692 6,666,992
* Includes $222,924 for administrative expenses.
14
15
ACTUARIAL ASSUMPTIONS AND METHODS
Mortality Rate
Interest Rate
Retirement Age
Disability Rate
Termination Rate
Salary Increases
Early Retirement
Cost -of- Living Adjustment
Administrative Expenses
Payroll Growth
Married
RP -2000 Table with no projection — Based
on a study of over 650 public safety funds,
this table reflects a 10% margin for future
mortality improvements. Disabled lives set
forward 5 years.
8.0% per year compounded annually,
net of investment related expenses.
25% retire on normal retirement date; 10%
retire each of the next two years; 25% retire
in each of the third and fourth years
following normal retirement date; and 100%
retire the fifth year following normal
retirement date.
See table below. Table updated since 2006
based on experience study.
See table below. Tables updated since
2006 based on experience study.
6.25% per year until the assumed
Retirement Age. See table below.
No Early Retirement is assumed.
1.0% per year for those that retire after
10/1/1993.
Expenses paid out of the fund other than
investment - related expenses are assumed
to be equal to the average of actual
expenses over the two previous years.
4.0% per year (2.5% used for 10/1 /2012
valuation).
100% are assumed married.
Funding Method Entry Age Normal Actuarial Cost Method.
Current Salary
as a % of Salary
Age at Age 53
20
Fire-fighters -
30
% Terminating
AA e
Durinq the Year
20
8.0%
30
6.0
40
0.0
50
0.0
Current Salary
as a % of Salary
Age at Age 53
20
13.5%
30
24.8%
40
45.5%
50
83.4%
Police Officers -
% Terminating
Durina the Year
12.0%
10.0
2.0
0.0
% Becoming Disabled
During the Year
0.07%
0.09
0.15
0.50
16
17
VALUATION NOTES
Total Annual Payroll is the projected annual rate of pay as of the valuation date of all
covered Members.
Present Value of Benefits is the single sum value on the valuation date of all future
benefits to be paid to current Members, Retirees, Beneficiaries, Disability Retirees and
Vested Terminations.
Normal (Current Year's) Cost is determined for each participant as the present value of
future benefits, determined as of the member's entry age, amortized as a level
percentage of compensation over the anticipated number of years of participation,
determined as of the entry age.
Individual Entry Age Normal Actuarial Cost Method (Level Percent of Compensation) is
the method used to determine required contributions under the Plan. The use of this
method involves the systematic funding of the Normal Cost (described above) and the
Unfunded Accrued (Past Service) Liability. The actuarial accrued liability for active
participants is the difference between the present value of future benefits and the present
value of future Normal Costs. The actuarial accrued liability for inactive participants is the
present value of future benefits.
Unfunded Actuarial Accrued Liability (UAAL) is the difference between the actuarial
accrued liability (described above) and the actuarial value of assets. Under the Entry Age
Normal Actuarial Cost Method, an actuarial gain or loss, based on actual versus expected
UAAL, is determined in conjunc -lion with each valuation of the plan.
Total Required Contribution is equal to the Normal Cost plus an amount sufficient to
amortize the Unfunded Accrued Liability over no more than 30 years. The required
amount is adjusted for interest according to the timing of contributions during -the year.
18
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20
City of Delray Beach
Police Officers' and Firefighters' Retirement System
BALANCE SHEET
September 30, 2012
ASSETS COST VALUE MARKET VALUE
Cash and Cash Equivalents:
Petty Cash 500.00 500.00
Money Market 12,159,085.31 12,159,085.31
Cash 6,396.37 6,396.37
Total Cash and Equivalents 12,165,981.68 12,165,981.68
Receivable
Member Contributions in Transit
67,679.89
67,679.89
Member Buy -Back Contributions
601.91
601.91
Additional City Contributions
2,098.36
2,098.36
State Contributions
33,480.15
33,480.15
In Transit from Salem to ICMA
254,517.55
254,517.55
Accrued Income
276,549.96
276,549.96
Total Receivable
634,927.82
634,927.82
Investments:
U S Govt/Govt Sponsored /Agency
9,768,963.01
10,790,413.58
Corporate Bonds /CMOs /REMICs
16,086,245.84
17,254,747.75
Corporate Stocks /REITs
37,593,470.33
42,318,989.56
Foreign /ADR Securities
5,321,052.07
5,640,897.05
Foreign Bonds
208,854.10
214,701.60
Municipal Obligations
220,000.00
260,191.80
Mutual Funds:
International Fixed Income
6,102,463.13
6,193,161.71
International Equity
4,791,748.76
4,425,443.13
Fixed Income and Equity held at ICMA (for DROP)
4,036,654.28
4,938,867.34
PIMCO Domestic Fixed Income Pooled Fund
6,300,000.00
7,607,608.85
ACL Domestic Equity Alternative Fund
5,069,000.00
4,942,014.71
AmSouth Timber & Sustainable Woodlands Funds
5,216,809.71
5,551,153.86
RBC GAM International Equity Fund
8,747,205.42
9,179,739.85
American Core Real Estate Fund
6,959,097.15
5,404,570.48
Quadrant (Philadelphia Life) Real Estate Fund
7,216,880.16
4,120,348.37
TOTAL ASSETS
136,439,353.46
141,643,759.14
LIABILITIES AND NET ASSETS
Liabilities:
Payable:
Unpaid Investment Expenses 120,207.85 120,207.85
Total Liabilities 120,207.85 120,207.85
Net Assets:
Active and Retired Members' Equity 121,791,065.54 126,995,471.22
DROP Plan Benefits 14,528,080.07 14,528,080.07
Total Net Assets 136,319,145.61 141,523,551.29
TOTAL LIABILITIES AND NET ASSETS 136,439,353.46 141,643,759.14
City of Delray Beach
Police Officers' and Firefighters' Retirement System
CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
September 30, 2012
Market Value Basis
REVENUES
Contributions:
Member
Buy -Back
City
State
Total Contributions
Earnings from Investments
Interest & Dividends
Net Realized Gain (Loss)
Unrealized Gain (Loss)
Total Earnings and Investment Gains
EXPENDITURES
Expenses:
Investment Related'
Administrative
Total Expenses
Distributions to Members:
Benefit Payments
Lump Sum DROP Balances
Terminal -ion Payments
Total Distributions
DROP Account Net Change
Change in Net Assets for the Year
Net Assets Beginning of the Year
Net Assets End of the Year
1,465,755.76
46,906.66
6,602,837.22
1,840,208.36
3,253,157.72
2,778,268.05
13, 971,152.92
565,135.02
200,763.95
7,834,481.20
1,392,284.80
52,013.09
21
9,955,708.00
20, 002, 578.69
765, 898.97
9,278,779.09
2,609,337.81
17, 304, 270.82
109,691,200.40
126,995,471.22
'Investment Related expenses include investment advisory, custodial and performance monitoring fees.
City of Delray Beach
Police Officers' and Firefighters' Retirement System
CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS
September 30, 2012
Actuarial Asset Basis
REVENUES
Contributions:
Member
Buy -Back
City
State
Total Con'tribu'tions
Earnings from Investments
Interest & Dividends
Net Realized Gain (Loss)
Change in Actuarial Value
Total Earnings and Investment Gains
EXPENDITURES
Expenses:
Investment Related'
Administrative
Total Expenses
Distributions to Members:
Benefit Payments
Lump Sum DROP Balances
Termination Payments
Total Distributions
DROP Account Net Change
Change in Net Assets for the Year
Net Assets Beginning of the Year
Net Assets End of the Year
1,465,755.76
46,906.66
6,602,837.22
1,840,208.36
3,253,157.72
2,778,268.05
1,256,490.90
565,135.02
200,763.95
7,834,481.20
1,392,284.80
52,013.09
22
9,955,708.00
7,287,916.67
765,898.97
9,278,779.09
2,609,337.81
4,589,608.80
118,893,480.51
123,483,089.31
'Investment Related expenses include investment advisory, custodial and performance monitoring fees.
2Net Assets may be limited for actuarial consideration.
23
City of Delray Beach
Police Officers' and Firefighters' Retirement System
ACTUARIAL ASSET VALUATION
September 30, 2012
Actuarial Assets for funding purposes are developed by increasing the Actuarial Assets used
in the most recent actuarial valuation of the Fund by the average annual market value rate of
return (net of investment related expenses) for the past four years. Actuarial Assets shall not be
less than 80% nor greater than 120% of Market Value of Assets.
Details of the derivation are set forth as follows:
Plan Year End
9/30/09
9/30/10
9/30/11
9/30/12
Annualized Rate of Return
for prior four (4) years:
(A) 10/01/11 Actuarial Assets:
(1) Net Investment Income:
Rate of Return*
-1.72%
8.26%
1.20%
15.95%
5.71%
1. Interest and Dividends
2. Realized Gains (Losses)
3. Change in Actuarial Value
4. Investment Related Expenses
Total
(B) 10/01/12 Actuarial Assets:
Actuarial Asset Rate of Return = 21 /(A +B -1):
10/01/12 Limited Actuarial Assets:
*Market Value Basis, net of investment related expenses.
$118,893,480.51
3,253,157.72
2,778,268.05
1,256,490.90
(565,135.02)
6,722,781.65
$123,483,089.31
5.71%
$123,483,089.31
24
City of Delray Beach
Police Officers' and Firefighters' Retirement System
RECONCILIATION OF CITY'S SHORTFALL FOR THE
FISCAL YEAR ENDED (FYE) SEPTEMBER 30, 2012
(1) Shortfall Balance as of October 1, 2011 $15,996.93
(2) City and State Required Contribution Rate 43.2%
(from -the November 9, 2011 Actuarial Impact Statement)
(3) FY 2012 Pensionable Payroll Derived from Member Contributions 16,453,146.33
(4) Required City and State Contribution (1) + [(2) x (3)] 7,123,756.15
(5) Less Allowable State Contribution (504,922.00)
(6) Equals Required City Contribution 6,618,834.15
(7) Less Actual City Contributions (6,616,735.79)
(8) Equals City's Shortfall as of September 30, 2012 $2,098.36
City of Delray Beach
Police Officers' and Firefighters' Retirement System
DEFERRED RETIREMENT OPTION PLAN ACTIVITY
October 1, 2011 through September 30, 2012
Name
9/30/11 Balance
Additions
Investment
Return
Distributions
ACARDI, RUSSELL
0.00
0.00
0.00
0.00
ACKERMAN,RICHARD
325,712.90
0.00
20,143.42
(18,000.00)
ADAMS, WILLIAM
58,346.26
0.00
1,488.17
0.00
ANZALONE, RUSSELL
217,078.61
0.00
5,536.77
0.00
ARENA, SALVATORE
43,337.32
73,746.00
12,154.88
0.00
BOLLAN, BRIAN E
187,018.34
0.00
4,770.06
0.00
BRADLEY, ROBERT
153,344.83
0.00
3,911.18
0.00
BRASSARD, DAVID
271,307.89
86,046.26
43,204.39
0.00
BRIARD, WILLIAM
19,288.55
77,335.05
7,893.07
0.00
BROWN II, ROBERT
94,317.90
0.00
19,584.30
(12,000.00)
BUSH, RICHARD
361,692.40
92,860.86
10,460.39
0.00
CASON, JR, CLINTON
40,851.45
60,280.08
5,031.83
0.00
CREASMAN, ROBERT
0.00
35,653.59
880.86
0.00
CRELIN, EDWARD
21,416.59
88,979.22
5,653.95
0.00
DALTON, JAMES
8,769.51
0.00
96.68
(8,866.19)
DAVIS, MARK
303,906.81
0.00
7,488.01
(24,000.00)
DECARIE, JAMES
2,325.74
0.00
59.32
0.00
DECKERS, LAURA
75,165.40
57,557.52
11,370.53
0.00
DORCAS, MICHELLE
28,292.33
67,453.56
1,621.83
0.00
DUARTE, KENNETH
0.00
55,161.70
664.20
0.00
DUNKELMANN, PATRICIA
0.00
42,493.04
877.57
0.00
EBERHART, JR, DAVID M
129,839.37
76,610.25
27,818.23
0.00
EVANS, JOHN
245,348.81
74,696.32
33,811.77
(271,428.57)
FAGAN, DALE
14,476.00
63,592.69
5,130.78
0.00
FERNANDES, DWAYNE
34,267.67
0.00
874.03
0.00
FINLEY, JAMES
192,365.90
51,639.88
5,603.51
0.00
FLETCHER JR, JOHN
303,401.66
0.00
7,738.51
0.00
FLYNN, EDWARD
236,921.66
53,694.21
4,795.42
(295,411.29)
GAINER, MARTIN
0.00
58,534.32
927.74
0.00
GARCIA, PANIELA
355,991.96
0.00
9,079.87
0.00
HARTMANN, CRAIG
110,176.85
0.00
2,810.15
0.00
HEYSLER, TINA
204,676.87
94,552.25
45,523.25
0.00
HOECHERL, KATHERINE
269,370.79
7.16
10,616.79
(279,994.74)
HOLMSTED, JAN
102,626.62
51,185.64
30,071.08
0.00
JEROLOMAN, CHARLES
290,278.32
0.00
12,516.08
(192,000.00)
KNABB, BENJAMIN
184,829.40
82,119.66
5,805.31
0.00
KOSICK, MICHAEL
311,486.17
23,453.52
8,461.53
0.00
KOVACS, ERIC S
64,321.61
55,001.57
19,245.46
0.00
LICATA, ROSS
98,761.69
7.52
22,279.35
0.00
LIGUORI, JR, JOSEPH
202,679.55
90,465.36
15,369.37
0.00
LUNSFORD, HOWARD
468,696.22
0.00
11,954.48
0.00
MARCHSTEINER, DAVID
45,211.33
55,395.23
9,008.20
0.00
MARULLO, DANIEL
39,072.41
51,599.16
11,318.92
0.00
MCALLEY, FREDERICK
19,719.95
80,137.63
627.74
0.00
MCCLEARY, MICHAEL
82,953.68
68,637.24
16,585.66
0.00
MCKESSEY, JOHN
9,116.88
56,825.04
5,616.58
0.00
MEISSNER, EDWARD
32,010.47
0.00
734.93
(7,500.00)
MERRILL, CRAIG
0.00
32,391.54
213.20
0.00
MESSER, JEFFREY
70,965.50
63,165.94
2,665.70
0.00
25
9/30/12
Balance
0.00
327,856.32
59,834.43
222,615.38
129,238.20
191,788.40
157,256.01
400,558.54
104, 516.67
101,902.20
465,013.65
106,163.36
36,534.45
116,049.76
0.00
287,394.82
2,385.06
144,093.45
97,367.72
55,825.90
43,370.61
234,267.85
82,428.33
83,199.47
35,141.70
249,609.29
311,140.17
0.00
59,462.06
365,071.83
112,987.00
344,752.37
0.00
183,883.34
110,794.40
272,754.37
343,401.22
138,568.64
121,048.56
308,514.28
480,650.70
109,614.76
101,990.49
100,485.32
168,176.58
71,558.50
25,245.40
32,604.74
136,797.14
26
City of Delray Beach
Police Officers' and Firefighters' Retirement System
DEFERRED RETIREMENT OPTION PLAN ACTIVITY
October 1, 2011 through September 30, 2012
Investment
9/30/12
Name
9/30/11 Balance
Additions
Return
Distributions
Balance
MILENKOVIC, JOSEPH
71,051.91
82,878.94
15,570.39
0.00
169,501.24
MILLER, JEFFREY
118,884.18
51,698.28
3,734.35
0.00
174,316.81
MITCHELL, THOMAS
0.00
51,906.54
341.64
0.00
52,248.18
MORELAND III, ROBERT
204,137.50
0.00
4,757.36
(25,000.00)
183,894.86
MYERS, THOMAS B
311,187.43
13,140.15
75,927.44
0.00
400,255.02
OJEA, ANTONIO
21,608.64
72,258.28
12,343.67
0.00
106,210.59
PALERMO, JOHN P
85,373.79
81,234.94
6,193.68
0.00
172,802.41
PARKER, FREDERICK
100,615.73
0.00
2,566.28
0.00
103,182.01
PHILLIPS, RALPH J
431,745.88
18.30
39,402.78
0.00
471,166.96
QUINLAN, THOMAS J
322,779.75
0.00
8,232.76
0.00
331,012.51
RASHKIND, GLEN
134,267.64
53,425.68
5,916.50
0.00
193,609.82
REGO, WILLIAM
188,241.87
0.00
4,563.96
(18,000.00)
174,805.83
RUBIN, TOBY
50,607.00
82,252.84
8,115.41
0.00
140,975.25
SCHROEDER, JOSEPH
371,510.85
0.00
9,475.69
0.00
380,986.54
SEARLES, BARRY
142,488.14
0.00
18,260.45
0.00
160,748.59
SHERSTY, PAUL
21,255.71
25,042.87
7,011.64
(18,750.00)
34,560.22
SMITH, WILLIAM
407,566.23
13.76
59,330.22
(10,000.00)
456,910.21
SPAIN, HOWARD
0.00
33,886.80
449.66
0,00
34,336.46
STEVENS, ROBERT
78,819.19
0.00
1,924.51
(10,000.00)
70,743.70
STRAVINO, CHARLES
393,294.54
0.00
21,274.03
(46,500.00)
368,068.57
STRIANESE, ANTHONY
195,266.68
98,795.10
59,017.36
0.00
353,079.14
TABEEK, JAMES
274,426.76
78,236.07
60,213.17
0.00
412,876.00
THORTON, MICHAEL
0.00
46,142.60
1,457.24
0.00
47,599.84
TOMASZEWSKI, JOHN
537,575.51
0.00
13,711.30
0.00
551,286.81
TUSTIN, THOMAS
272,277.30
0.00
6,944.65
0.00
279,221.95
WEATHERSPOON, JEROME
0.00
41,740.02
410.77
0.00
42,150.79
WHATLEY, THOMAS
50,272.00
0.00
1,282.23
0.00
51,554.23
WILLIAMS, VICTOR
0.00
48,853.84
1,216.85
0.00
50,070.69
WILSON, RANDALL W
79,160.64
65,337.96
2,906.76
0.00
147,405.36
WINTEMUTE, JAMES W
227,011.30
0.00
34,416.48
(30,000.00)
231,427.78
WISE, MICHAEL
0.00
32,156.84
1,696.56
0.00
33,853.40
WOOD, MARK
30,955.84
67,131.54
12,845.14
0.00
110,932.52
WOODS, MARC
411,324.96
0.00
10,247.38
(19,200.00)
402,372.34
YOUNG, JOHN E
53,295.12
49,311.88
3,027.01
(105,634.01)
0.00
Total
11,918,742.26
2,996,742.24
1,004,880.37
(1,392,284.80)
14,528,080.07
ELIGIBILITY FOR RETIREMENT
Members are eligible for Normal Retirement based upon the following criteria:
1) Attained Age 55 with 10 Years of Credited Service
2) 20 Years of Credited Service regardless of Age
Members are eligible for Early Retirement based upon the following criteria:
1) Attained Age 50 with 10 Years of Credited Service
As of the date of this valuation, the following list of Members are eligible for:
Normal Retirement
ANDERSON, STEVEN M
BAKER, ROBERT T
CAMERA, MICHAEL C
DAGNAN, MARK E
DORSETT, MARK M
GARITO, TIMOTHY M
GIACCONE, GREGORY D
LEWIS, ODELL C
PRESS, STEVE S
STAAB, JOHN P
TWIGGER, MICHAEL E
WETZEL, DAVID J
ARONOWITZ, ERIC S
BATTILORO, JOHN A
COLEMAN, MICHAEL A
DORFMAN, PHILIP M
GOLDMAN, JEFFREY S
HART, JOSEPH J
JACOBSON, RICHARD L
LAURENT, JEAN - CLAUDE
MOSCHETTE, FRANCIS
S I MS, JAVARO A
WEATHERSPOON, DAVID
Early Retirement
CONNOLLY, JOHN H
DRAYSON,JOSEPH
LANG, JOSEPH W
REYNOLDS, MARK R
THOMPSON, KENNETH
WESNER, GREGORY J
27
2s
STATISTICAL DATA
(Averages are salary weighted)
_10/1/2009 10/1/2010 10/1/2011 10/1/2012
Active Members
Number
246
256
238
233
Average Current Age
39.0
38.8
38.8
38.7
Average Age at Employment
27.2
27.0
27.0
27.0
Average Past Service
11.8
11.8
11.8
11.7
Average Annual Salary
$70,262
$69,610
$72,680
$68,914
Retirees. Beneficiaries & DROP
Number
157
169
191
205
Average Current Age
57.0
57.0
56.0
56.7
Average Annual Benefit
$4.7,334
$49,100
$49,794
$51,626
Disability Retirees
Number
25
25
23
21
Average Current Age
58.6
62.1
63.9
66.5
Average Annual Benefit
$29,630
$30,029
$30,497
$30,938
Terminated Vested Members
Number
5
4
2
4
Average Current Age
41.5
39.0
40.0
41.0
Average Annual Benefit
$16,966
$27,492
$27,491
$27,491
* Includes non - vested members that have not yet received a distribution of member contributions.
29
AGE AND SERVICE DISTRIBUTION
PAST SERVICE
AGE
0
1
2
3
4
5 -9
10 -14
15 -19
20 -24
25 -29
30+
Total
15
-19
0
0
0
0
0
0
0
0
0
0
0
0
20
-24
0
0
1
0
0
0
0
0
0
0
0
1
25-29
7
1
15
2
5
15
0
0
0
0
0
45
30-34
2
1
4
0
3
25
7
0
0
0
0
42
35-39
2
0
3
2
0
20
20
0
0
0
0
47
40-44
0
1
0
0
0
10
13
21
6
0
0
51
45-49
0
0
0
0
0
3
8
12
10
0
0
33
50
-54
0
0
0
0
0
3
1
5
3
0
0
12
55
-59
0
0
0
0
0
0
0
1
1
0
0
2
60
-64
0
0
0
0
0
0
0
0
0
0
0
0
65+
0
0
0
0
0
0
0
0
0
0
0
0
Total
11
3
23
4
8
76
49
39
20
0
0
233
30
VALUATION PARTICIPANT RECONCILIATION
1. Active lives
a. Number in prior valuation 10/1/2011
b. Terminations
i. Vested (partial or full) with deferred
benefits
ii. Non- vested or full lump sum distribution
received
c. Deaths
i. Beneficiary receiving benefits
ii. No future benefits payable
d. Disabled
e. Retired
f. DROP
g. Voluntary withdrawal
h. Continuing participants
i. New entrants
j. Total active life participants in 10/1/2012 valuation
2. Non - Active lives (including ben(
Service
Retirees,
Vested
Receiving
Benefits
a. Number prior 137
Dficiaries receiving benefits)
Receiving
DROP Death
Retirees Benefits
38 16
238
2*
1
0
0
0
1
12
0
222
11
233
Receiving
Disability Vested
Benefits Deferred Total
23 2 216
valuation
b. In 7 12 2 0 2 23
c. Out 1 6 0 2 0 9
d. Number current 143 44 18 21 4 230
valuation
* Members terminated non - vested awaiting refund of contributions.
31
SUMMARY OF CURRENT PLAN
(Through Ordinance No. 16 -12)
Original Effective Date
Latest Amendment Date
Credited Service
Salary
Average Final Compensation (AFC)
Normal Retirement
April 22, 1974
June 19, 2012
Years and fractional parts of years of service as
a sworn Police Officer or a regular or volunteer
Firefighter employed by the City.
Basic compensation, excluding commissions,
overtime and bonuses. Lump sum payment of
unused leave is also excluded. Effective
October 1, 2006 for Police Officers' base
earnings shall include up to 25 hours of
overtime per fiscal year.
One twelfth of the average of the 3 highest
years of Salary.
Date The earlier of: 1) age 55 and 10 years of
Credited Service, or 2) 20 years of Credited
Service, regardless of age.
Benefit If less than 20 years of service, 2.5% of AFC
times years of service. With 20 or more years of
service, 3.5% of AFC times years of service,
with a maximum benefit of 87.5 %.
Form of Benefit For married retirees, an annuity payable for the
life of the Member; upon the death of the
member, 100% of the Member's benefit payable
to the spouse for one year and 60% payable
thereafter until death or remarriage. For
unmarried retirees, the normal form is a 10 Year
Certain and Life Annuity.
Early Retirement
Date Age 50 and 10 years of Credited Service.
Benefit Accrued benefit, reduced 3.0% for each year
prior to Normal Retirement Date.
32
Cost- of- Livinq Adjustment An annual increase equal to I% applies for
those who retire after October 1, 1993
commencing on the 25th anniversary of the
retiree's hire date. Additional increases are
available when the revenue under Chapters 175
and 185 exceeds $504,922.
Contributions
Employee 6.0% of Salary, Members electing the
Enhanced Multiplier contribute an additional
3.0% of Salary.
Premium Tax Premium tax refunds.
City Remaining amount necessary for payment of
Normal (current year's) Cost and amortization
of the accrued past service liability over 30
years.
Disability Benefit
Eligibility Total and permanent as determined by
the Board of Trustees. Ten years of service
required for non - service connected disability.
Benefit Amount Police Officers: Accrued benefit, but not less
than 60% of AFC for service connected
disabilities. For non - service connected
disabilities, a benefit of 2% of AFC times years
of service with a minimum of 25% of AFC.
Firefighters: Same as above, except the
minimum is 61 % of AFC.
Pre - Retirement Death Benefit
Service Incurred 50% of AFC to the spouse, plus 5% to each
unmarried child under age 18 (age 22 if full -time
student), subject to an overall maximum of 60%
of AFC.
Non - Service Incurred A $2,500 lump sum if less than one year of
service. A $5,000 lump sum if more than one
year of service but less than five.
Vesting (Termination)
Less than 10 years
If five or more years of service, a $5,000 lump
sum, plus a monthly benefit to the spouse of
65% of -the accrued pension as of the date of
death subject to a minimum of 20% of AFC,
plus, to the eligible children, a monthly benefit
determined in the same manner as the
children's service incurred death benefit. The
total monthly benefit is subject to a maximum of
50% of AFC and 35% after death or remarriage
of the spouse.
Refund of Member Contributions.
10 or more years Either the accrued benefit payable at Normal
Retirement Date, provided contributions are not
withdrawn, or a refund of member contributions.
Board of Trustees
Deferred Retirement O
Eligibility
Participation
Rate of Return
Form of Distribution
n Plan
33
The Board consists of the Mayor, the Fire Chief (or a
firefighter designated by the Fire Chief), the Police
Chief (or a police officer designated by the Police
Chief), two City residents appointed by the City
Commission, two Members of the Fire Department
elected by the Membership and two Members of the
Police Department elected by the Membership.
Satisfaction of Normal Retirement requirements.
Not to exceed 60 months.
Net rate of return on retirement fund assets
during the period the employee participates in
the DROP.
Cash lump sum (options available) at termination
of employment.
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34
DISCLOSURE INFORMATION PER STATEMENT NO. 27 OF THE
GOVERNMENTAL ACCOUNTING STANDARDS BOARD
ANNUAL PENSION COSTS AND RELATED INFORMATION
Contribution rates as of 9/30/2012
City
Plan Members
Annual Pension Cost
Contributions made
Actuarial valuation date
Actuarial cost method
Amortization method
Remaining amortization period
Asset valuation method
40.1%
9.0%
6,599,523
6,602,837
10/1/2010
Entry Age Normal
Level percentage of pay, closed
30 years
4 Year Smoothed Market
Actuarial assumptions (as of 10/1/2010):
Investment rate of return 8.10%
Projected salary increase* 6.25%
* Includes inflation at 3.00%
Post Retirement COLA 1.00% automatic, plus that which can
be funded by State revenue
Year
Ending
9/30/2012
9/30/2011
9/30/2010
THREE YEAR TREND INFORMATION
Annual
Pension
Cost (APC)
6,599,523
7,968,408
6,986,348
Percentage
of APC *
Contributed
100%
100%
101%
Net
Pension
Obligation
(132,018)
(128,704)
(133,794)
35
cif
DISCLOSURE INFORMATION PER STATEMENT NO. 27 OF THE
GOVERNMENTAL ACCOUNTING STANDARDS BOARD
DEVELOPMENT OF NET PENSION OBLIGATION (NPO)
This municipal Defined Benefit Plan has been subject to the minimum funding
standards since the adoption of the "Florida Protection of Public Employee
Retirement Benefits Act" (Part VII of Chapter 112, Florida Statutes) in 1980.
Accordingly, the sponsor has funded the actuarially determined required contributions
for all years from October 1, 1987, through the transition date, October 1, 1997.
Thus, the NPO on October 1, 1997, is 0.
The recent development of the Net Pension Obligation is as follows:
9/30/2009 9/30/2010
9/3012011
9/3012012
Actuarially Determined
Contribution (A)
6,982,946
7,963,318
6,602,837
Interest on NPO
(4,965)
(10,971)
(10,425)
Adjustment to (A)
8,367
16,061
7,111
Annual Pension Cost
---- - - - - --
6,986,348
---- - - - - --
7,968,408
--- ------
6,599,523
Contributions Made
7,061,730
7,963,318
6,602,837
Increase in NPO
---- - - - - --
(75,382)
---- - - - - --
5,090
---- - - - - --
(3,314)
NPO Beginning of Year
(58,412)
(133,794)
(128,704)
NPO End of Year
---- - - - - --
(58,412) (133,794)
---- - - - - --
(128,704)
--- ------
(132,018)
37
SENATE BILL 1128 COMPLIANCE
Senate Bill 1128 amended Section 112.63 of the Florida Statutes to require that each
plan report the plan's accrued vested, non - vested, and total benefits, as adopted by the
Financial Accounting Standards Board, using the Florida Retirement System's assumed
rate of return, which is currently 7.75 %. The bill states that this is to promote
comparability of actuarial data between local law plans.
While these calculations are required for compliance purposes, it is the view of Foster &
Foster that utilizing this information to compare local law plans is extremely dangerous.
There are many other assumptions inherent in the actuarial valuation, and they may differ
widely From one plan to another. Additionally, benefit levels, funding policies, asset
allocation, and the age of the plan itself all must be considered when comparing defined
benefit plans.
Present Value of Accrued Benefits at 7.75% Interest
Vested Accrued Benefits
Inactives
$137,121,754
Actives
30,374,633
Member Contributions
7,982,317
Total
175,478,704
Non - Vested Accrued Benefits 5,092,120
Total Present Value of Accrued Benefits $180,570,824
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: May 9, 2013
SUBJECT: AGENDA ITEM WS.3 - WORKSHOP MEETING OF MAY 14, 2013
BEACH EQUIPMENT RENTAL CONCESSION REQUEST FOR PROPOSAL (RFP)
ITEM BEFORE COMMISSION
Discussion regarding the Beach Equipment Rental Concession RFP.
BACKGROUND
At the April 9, 2013 Commission meeting, the Commission gave staff direction to develop a RFP for
the Beach Equipment Rental Concession for the City's municipal beach. The current contract is with
Oceanside Beach Services, Inc. and was initially bid for a term of 3 years from June 15, 2009 to June
14, 2012 with one 3 year renewal period. The contract was renewed by the City Manager for the term
from June 15, 2012 to June 14, 2015. The contract does contain a provision that it may be terminated by
the City upon 30 days written notice.
The attached RFP clarifies and revises the language regarding beach equipment (provides that
equipment shall be uniform in appearance and pre- approved by the City), equipment set -up and location
(provides that the contractor shall submit a plan showing the location of equipment, provides greater
guidelines on equipment location and that it must conform to the Palm Beach County Ordinance on
turtle protection), maintenance of equipment and concession area (provides for greater and more
specific requirements that the contractor must follow), appearance of contractor staff (sets forth specific
guidelines on the appearance of the contractor's personnel), parking (the City does not provide for
parking), use of beach wheel chairs (provides the contractor shall supervise the use of the beach wheel
chairs), advertising and complaint handling (sets forth specific guidelines for these items). The RFP also
provides the agreement shall be for a 3 year period and is subject to renewal for a 3 year period, upon
approval of the City Commission.
The RFP has a proposed start date of October 1, 2013, which may be changed by the City.
RECOMMENDATION
Staff requesting direction from the City Commission.
CITY OF DELRAY BEACH
INVITATION TO BID
PURCHASING OFFICE
100 N.W. 1st AVENUE
DELRAY BEACH, FL 33444
(561) 243 -7161 / 7163
RFP NO. DATE:
TITLE: INVITATION TO BID - BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY
OWNED BEACH -REBID
BIDS MUST BE RECEIVED ON OR BEFORE: , 2013 @ P.M. at
which time all bids will be publicly opened and read.
Invitation to Bid
PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and /or services as
listed herein for the City of Delray Beach, Florida, hereinafter called the CITY.
A MANDATORY PRE -BID CONFERENCE has been scheduled for ,
2013 at located at City Hall 1st Floor Conference Room, 100 N.W. 1s Avenue, Delray Beach,
FL 33444. All interested bidders are required to attend and may ask questions.
SEALED BIDS: Sealed bids /proposals will be received in the Purchasing Office until the date and time
as indicated above. Bids will be opened publicly in City Hall and all bidders and general public are invited
and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City
of Delray Beach, Purchasing Office, 100 NW First Avenue, Delray Beach, Florida 33444. Outside of
envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole
responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the
closing date and hour as shown above.
RETURN ONE (1) ORIGINAL AND FIVE (5) COPIES OF ALL BID SHEETS. Any failure on the part of
the supplier to comply with the ensuing conditions and specifications shall be reason for termination of
contract.
CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60)
days from the last date for receiving of bids for acceptance of its bid by the City Manager and /or City
Commission.
AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities
and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to
accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 12 of
the General Conditions.
GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS
SUBMISSION AND RECEIPT OF BIDS:
A. Bids, to receive consideration, must be received prior to the specified time of opening as
designated in the invitation.
B. Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces
provided in this Invitation To Bid. Failure to do so may cause your bid to be rejected. However,
you may attach supplemental information.
C. Bids having any erasures or corrections MUST be initialed by bidder in ink. Bids shall be signed in
ink. All prices shall be typewritten or filled in with pen and ink.
D. All bids MUST be signed with the firm name and by an officer or employee having the authority to
bind the company or firm by histher signature.
2 QUANTITIES OR USAGE:
Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or
usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City
of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts.
These quantities are for bidders' information only and will be used for tabulation and presentation of bid.
3 PRICES:
A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will
be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise
stated by the City or bidder.
B. Prices should be stated in units of quantity specified in the bidding specifications. In case
of discrepancy in computing the amount of the bid, the unit price(s) quoted will govern.
C. Consideration in awarding bids for term contracts will be given first to the bidder offering
firm prices subject to market price reduction and second to the bidder offering firm prices for full
contract period. If at any time during the period of this contract, the City of Delray Beach is able to
purchase the items and/or services at prices less than our contract price, the successful bidder
shall meet these prices and in the event of his failure to do so, the City of Delray Beach may
negotiate for a new contract on the open market
D. The City reserves the right to purchase items on state contract if such items can be
obtained on the same terms, conditions, specifications and in the best interest of the City.
E. Bidders may offer a cash discount for prompt payment However, such discounts will not
be considered in determining the lowest net cost for bid evaluation purposes. Bidders should
reflect any discounts to be considered in the bid evaluation in the unit prices bid.
4 QUALITY:
All materials used for the manufacture or construction of any supplies, materials, or equipment covered by
this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade
workmanship.
5 SAMPLES:
Samples, when requested, must be furnished free of expense to the City and if not used in testing or
destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense.
6 COPYRIGHTS OR PATENT RIGHTS:
Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or
selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from
any and all liability, loss, or expense occasioned by any such violation.
7 COMPLIANCE WITH SAFETY STANDARDS:
A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all
provisions of the Florida State Safety Standards.
B. Whenever a bid is sought and services secured for any type of on -site construction the
awarded bidder shall remove from the work site at the end of each working day all rubbish and
waste debris resulting from his operations. The awarded bidder shall also secure the work site
before leaving at the end of each working day.
8 MANUFACTURER'S CERTIFICATION:
The City of Delray Beach reserves the right to request from bidders separate manufacturer certification
of all Statements made in the proposal.
9 SIGNED BID CONSIDERED AN OFFER:
This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be
deemed accepted upon approval by the City Manager and/or City Commissidn of the City of Delray
Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of
Delray Beach may take such action as it deems appropriate including legal action for damages or
specific performance.
1Q LIABILITY, INSURANCE, LICENSES AND PERMITS:
A. PERMITS: Where bidders are required to perform work on City structure(s) or property
as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all
other work.
B. LICENSES: If you are not licensed to perform work in the City of Delray Beach you
MUST obtain an Occupational License before a Notice To Proceed will be issued.
C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a
BEST Rating no less than A -, VII or better. If you have any questions regarding the City's Insurance
and /or Bond requirements, please contact the City's Risk Management Office at (561) 243 -7150.
11. SPECIFICATIONS:
A. For purposes of evaluation, bidder must indicate any variances from our specifications
and /or conditions, NO MATTER HOW SLIGHT. If variations are not stated in the
proposal, it will be assumed that the product or service fully complies with our
specifications.
Q Any omissions of detail specifications stated herein that would render the material /service
from use as specified will not relieve the bidder from responsibility.
12 AWARD OF CONTRACT:
The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates
which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive
any and all informalities and /or irregularities, and to negotiate contract terms with the Successful
Bidder, and the right to disregard all non - conforming, non - responsive, unbalanced or conditional
Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any
informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in
the multiplication of units of Work and unit prices will be resolved in favor of the unit price.
Discrepancies between the indicated sum of any column of figures and the correct sum thereof
will be resolved in favor of the correct sum.
la TAXES:
The City of Delray Beach is exempt from any sales tax imposed by the State and /or Federal
Government. Exemption certificates certified on request. State Sales Tax Exemption Certificate
No. 85- 8012621559C -4 appears on each purchase order.
14 FAILURE TO BID:
If you do not bid, return "Statement of No Bid Form" and state reason. Otherwise, YOUR NAME
MAY BE REMOVED FROM OUR MAILING LIST.
15 EXCEPTIONS TO CONDITIONS, 1 THRU 14 (Boiler Plate)
Any time Bid Specifications differ from the General Conditions, the Bid Specifications and Special
Provisions will prevail.
16a ANTI - COLLUSION:
A. Bidder certifies that this bid is made without prior understanding, agreement, or
connection with any corporation, firm or person submitting a bid for the same materials,
services, supplies, or equipment and is in all respects fair and without collusion or fraud.
B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of
material or provision of services. Any such violation may result in contract cancellation,
return of materials or discontinuation of services and the possible removal from the
vendor bid list (s).
17 CONFLICT OF INTEREST:
A. Bidder declares and certifies that no officer, employee or person whose salary is payable
in whole or part from the City of Delray Beach is directly or indirectly interested in this bid
or in the supplies, materials, equipment or services to which it relates or in any portion of
the profits thereof; or
B. The award is subject to provisions of State Statutes and City Ordinances. All bidders
must disclose with their bid the name of any officer, director or agent who is also an
employee of the City of Delray Beach. Further, all bidders must disclose the name of any
City employee who owns, directly or indirectly, an interest of five percent (5) or more in the
bidder's firm or any of its branches.
18. NON- DISCRIMINATION:
The Bidder shall not discriminate against employees or applicants for employment because of
race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The
Bidder will endeavor to ensure that applicants are employed and that employees are treated
during employment, without regard to their race, creed, color, religion, sex, age, handicapped
status, disabilities, or national origin. Such action shall include but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates
of pay or other forms of compensation; and selection for training including apprenticeship. The
bidder agrees to post in conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this nondiscrimination clause. These
provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in
compliance.
19. DISCRIMINATION:
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on
a contract to provide goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not award or perform work as a contractor,
supplier, subcontractor, or consultant under contract with any public entity, and may not transact
business with any public entity.
STANDARD FORM OF AGREEMENT BETWEEN THE CITY AND
FOR BEACH EQUIPMENT RENTAL
CONCESSION RFP #
THIS AGREEMENT made this day of , 20_, by and between the CITY
OF DELRAY BEACH (hereinafter called CITY) and
(hereinafter called BIDDER).
WITNESSETH
The CITY and the BIDDER in consideration of the mutual covenants
hereinafter set forth, agree as follows:
1. The undersigned BIDDER hereby represents that he has carefully
examined all Contract documents, and will perform the contractual requirements
pursuant to all covenants and conditions.
2. The BIDDER, as evidenced by the execution of this contract,
acknowledges that it has examined the physical characteristics of the job
requirements. The BIDDER further acknowledges that the bid price includes all
costs and expenses required for the satisfactory completion of the contracts
requirements.
3. The contract between the CITY and the BIDDER include the following
documents which are attached hereto and incorporated herein by reference of the
CONTRACT DOCUMENTS PAGE NUMBERS
Invitation to Bid
Standard Form of Agreement
Insurance Requirements
Sample Insurance Form
Drug Free Work Place Certification
Bid Specifications
Proposal (Schedule of Pricing)
Technical Proposal
Questionnaire
Cone of Silence
Bid Signature Form
Statement of No Bid
References
RFP Response by Oceanside Beach Services
RFP NO.
Addenda numbers to, inclusive, and any modifications, including
Change Orders, duly delivered after execution of this Agreement.
4. The term of this contract shall commence on the date set forth in the
Bid Specifications.
5. This agreement shall be governed, by the laws of the State of Florida
as Now and hereafter in force. The venue for actions arising out of this agreement
shall be Palm Beach County, Florida.
6. All notices, requests, demands, and other given if personally delivered
or mailed, certified mail, return receipt requested, to the following addresses:
7. The BIDDER shall not, without prior written consent of the CITY, assign any
portion of its interest under this contract and, specifically, the BIDDER shall not assign any
moneys due or to become due without the prior written consent of the CITY.
8. The CITY and the BIDDER each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto in respect to all covenants,
agreements and obligations contained in the contract documents.
9. In consideration of ten dollars ($10.00) and other valuable consideration,
the BIDDER shall defend, indemnify and save harmless the CITY, its officers, agents
and employees, from or on account of any liabilities, damages, losses and costs received
or sustained by any person or persons by or in consequence of any negligence (excluding
the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the
BIDDER and any persons employed or utilized by the BIDDER in the performance of this
Request for Proposal. BIDDER agrees that negligent, reckless or intentional wrongful
misconduct includes, but is not limited to, use of any improper materials or liabilities,
damages, losses or costs caused by or on account of the use of any improper materials.
BIDDER agrees that negligent, reckless or intentional wrongful misconduct also includes
but is not limited to the violation of any Federal, State, County or City laws, by -laws,
ordinances or regulations by the BIDDER, his subcontractors, agents, servants or
employees. BIDDER further agrees to defend, indemnify and save harmless the CITY
from all such claims and fees, and from any and all suits and actions of every name and
description that may be brought against the CITY on account of any claims, fees, royalties,
or costs for any invention or patent, and from any and all suits and actions that may be
brought against the CITY for the infringement of any and all patents or patent rights
claimed by any person, firm, or corporation.
The indemnification provided above shall obligate the BIDDER to defend at his own
expense or to provide for such defense, at the CITY'S option, any and all claims or liability
and all suits and actions of every name and description that may be brought against the
CITY which may result from the operations and activities under this Contract whether the
work be performed by the BIDDER, his subcontractor or by anyone directly or indirectly
employed by either. This indemnification includes all costs and fees including attorney's fees
and costs at trial and appellate levels.
The CITY will pay to the BIDDER the specific consideration of ten dollars and
other good and valuable consideration as specific consideration for the indemnification
provided herein. Furthermore, the BIDDER acknowledges that the bid price includes said
consideration for the indemnification provision.
10. This Agreement shall be considered null and void unless signed by both the
BIDDER and the CITY.
11. The contract documents constitute the entire agreement between the CITY
and the BIDDER and may only be altered, amended or repealed by a duly executed written
instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day
and year first above written.
ATTEST:
By:
City Clerk
Approved as to Form and
Legal Sufficiency:
By:
City Attorney
WITNESSES:
Print Name:
Print Name:
STATE OF FLORIDA
COUNTY OF
CITY OF DELRAY BEACH, FLORIDA
Cary D. Glickstein, Mayor
By:
Print Name:
CORPORATE ACKOWLEDGMENT
The foregoing instrument was acknowledged before me this day of
1 2013, by (name of officer or agent,
title of officer or agent) of
acknowledging), a
(name of corporation
(state or place of incorporation) corporation, on
behalf of the corporation. He /She is personally known to me or has produced
(type of identification) as identification.
Signature of Notary Public - State
of Florida
CERTIFICATE
(If Corporation)
State of Florida
County of
I HEREBY CERTIFY that a meeting of the Board of Directors of
a corporation under the laws of the State of
held on , 2013, the following resolution was duly
passed and adopted.
"Resolved" that as
President of the corporation, he/she is hereby authorized to execute the
Agreement dated , 2013, between the City of Delray Beach, Florida
and this corporation, and that that this execution thereof, attested by the Secretary of
the Corporation and with corporate seal affixed, shall be the official act and deed of the
corporation ".
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this day of , 2013.
(Secretary)
(Seal)
INSURANCE REQUIREMENTS
A. GENERAL
During the term of the contract with the City, the contractor shall procure and maintain insurance
of the types and to the limits specified in paragraphs (1) to (4) inclusive below.
B. COVERAGE
Except as otherwise stated, the amounts and types of insurance shall conform to the following
minimum requirements:
Worker's Compensation - Coverage to apply for all employees for Statutory Limits in
compliance with the applicable State and Federal Laws. In addition, the policy must
include Employer's Liability with Statutory limits of $100,000/$500,000 /$100,000.
2 Comprehensive General Liability - Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability Policy filed by the
Insurance Services Office and must include:
a) Minimum limits of $1,000,000. per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Premises and /or Operations.
c) Independent Contractors.
d) Products and/or Completed Operations.
e) No exclusion for Underground, Explosion or Collapse hazards.
3 Business Auto Policy - Coverage must be afforded on a form no more restrictive than the
latest edition of the Business Auto Policy filed by the Insurance Service Office and must
include:
a) Minimum Limits of $1,000,000. per occurrence combined single limit for Bodily
Injury Liability and Property Damage Liability.
b) Owned Vehicles.
c) Hired and Non -Owned Vehicles.
d) Employer Non - Ownership.
3 Certificate of Insurance - Certificates of all insurance evidencing the insurance coverage
specified in the previous Insurance Administrator prior to commencement of work. The
required certificates of insurance shall not only name the types of policies provided, but
shall also refer specifically to this bid and section and the above paragraphs in
accordance with which such insurance is being furnished, and shall state that such
insurance is reauired by such paraaraphs of this contract. The successful bidder will
include the City of Delray Beach as additional insured. If the initial insurance expires
prior to the completion of the work, renewal certificates shall be furnished thirty (30)
days prior to the date of expiration. Also, under the Cancellation section of the
Insurance Certification the words "endeavor to" and "but failure to mail such notice shall
impose no obligation or liability of any kind upon the company, its agents or representative"
shall be crossed out as indicated on the attached "Sample of Insurance Certificate ".
DRUG FREE WORKPLACE CERTIFICATION
If identical be bids exist, preference will be given to the vendor who submits a certification with their
bid /proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. The drug -free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace
programs. Whenever two or more bids which are equal with respect to price, quality, and
service are received by the State of by any political subdivision for the procurement of
commodities or contractual services, a bid received from a business that certifies that it has
implemented a drug -free workplace program shall be given preference in the award process.
Established procedures for processing tie bids will be followed if none of the tied vendors
have a drug -free workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the
following requirements:
1) This firm publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations
of such prohibition.
2) This firm informs employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3) This firm gives each employee engaged in providing the commodities or contractual
services that are under bid a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will abide by the terms of the
statement and will notify the employer, of any conviction of, or plea of guilty or nolo
contend ere to, any violation of chapter 893 or of any controlled substance law of the
United States or any state, for a violation occurring in the workplace no later than five (5)
days after such conviction.
5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by
any employee who is so convicted.
6) This firm will continue to make a good faith effort to maintain a drug -free
workplace
through implementation of this section.
Contractor's Name Signature
CITY OF DELRAY BEACH
RFP #
BEACH EQUIPMENT RENTAL CONCESSION
FOR THE PUBLICLY OWNED BEACH -REBID
SPECIFICATIONS
A. PURPOSE
City of Delray Beach, Florida (City) is seeking bids from qualified firms, hereinafter referred The to as the
Bidder, to provide a beach equipment rental concession for the City's municipal beach, in accordance
with the terms, conditions, and specifications contained in this Invitation to Bid (ITB), It is the intent of the
City to award a single Contract to the first ranked bidder responding to this ITB.
R TERM OF CONTRACT
The contract term shall be for a period of three (3) years beginning on October 1, 2013, and
expiring on September 30, 2016. Renewal period, if approved by the City Commission, shall be
for one additional three (3) year period. The City reserves the right to change the start date of
this RFP in its sole and absolute discretion.
C. BEACH EQUIPMENT
1. At no time will more than two hundred fifty (250) beach chairs, cabanas, umbrellas, and
windbreakers /clamshells be permitted on the beach. The two hundred -fifty (250) total
includes equipment for Atlantic Dunes Park. The maximum allowable amount of equipment
may be lowered by the City of Delray Beach as needed due to beach erosion, diminished beach
size, special events or other circumstances.
2. All beach chairs, cabanas, umbrellas, and windbreakers will be uniform in appearance and pre -
approved by the City of Delray Beach.
3. The contractor shall not be authorized to rent any equipment which is not scheduled in his
proposal furnished to the City, unless prior to such rental, the contractor shall have furnished an
additional list of equipment to the City and received approval. Equipment list requests will be
submitted to the City in writing.
D. EQUIPMENT SET -UP AND LOCATION
Upon execution of this contract, the contractor acknowledges that all of the beaches
are public and concession operations must not restrict, or appear to restrict, access to
the general public, or in any way limit the public nature or ambiance of the
beachfront. The contractor will conduct its operations so as to maintain a reasonably
quiet and tranquil environment and make no public disturbances. The contractor will
not in any way limit or restrict the public from using any portion of the public beach.
All of Delray Municipal Beach will remain available for public use whether or not the
public elects to patronize or rent contractor equipment.
2. Upon execution of this contract, the contractor will submit a written plan indicating
the location of all equipment. Equipment includes any item placed on the beach by
the contractor. This plan will be submitted to the City which shall have the right to
approve or disapprove the location of equipment. The contractor may not alter the
set -up location of equipment without prior consent from an authorized City designee.
The contractor agrees that it may be necessary for the City to alter set -up plans in
the interest of public safety and to ensure a clear line of sight for patron surveillance.
RFP NO.
The contractor and all employees of the contractor will respond promptly and
effectively carry out any such directions.
3. Equipment set up and location plans must conform to the following conditions:
Equipment and service is restricted by the boundaries of the municipal beaches and
recreation areas. No equipment will be set up or stored off of the public beach.
Equipment will not be set up within the designated recreation areas.
• Equipment must be arranged in one or two rows. No more than two rows of any
equipment may be placed on any section of beach without written authorization
from the City of Delray Beach. For the purpose of this contact, a row is defined as
two or more pieces of equipment arranged next to each other or within proximity to
one another. Equipment is defined as any item which the contractor places on the
beach.
• No equipment will be placed where it obstructs or enters the line of sight when
viewing the Atlantic Ocean from the Ocean Rescue lifeguard towers.
• No equipment will be placed in front of beach access pathways; egress should be a
minimum of fifty (50) feet wide.
• An egress of sixty (60) feet shall be maintained in front of each lifeguard tower.
• The equipment concession area will be divided into three primary sections with an
employee stationed to each section to provide service. The three sections are
defined as the area within three hundred (300) feet of the South 1 Lifeguard Tower,
the South 3 Lifeguard Tower and Atlantic Dunes Park.
4. Removal and placement of equipment on the beach shall be conducted during
daylight hours and shall not occur in any location prior to completion of marine turtle
surveys or any protective measures mandated by the city, state or county. All
equipment will be stored and secured with proper locking devices before 8:00 P.M. or
sunset, every day.
5. The contractor will ensure the placement and storage of all equipment is compliant
with environmental standards, codes, ordinances and laws of the City of Delray
Beach, Palm Beach County, and the State of Florida. This includes compliance with
Article 14A of Palm Beach County's Unified Land Development Code. According to
Article 14A, from March 1St through October 31St "Beach obstructions shall be
removed from the beach or placed in a single row as close to the toe of the dune as
possible in an area that does not impact native vegetation or significantly affect sea
turtles." The contractor will comply with Article 14A by removing all equipment from
the beach or placing all equipment in a single row as close to the dunes as possible
before darkness or 8 P.M. every day during turtle nesting season or from March 1St
until October 31St
E. Hurricane Evacuation Plan
The contractor agrees that all equipment will be removed from the beachfront within
one (1) hour of notification by the appropriate City authorities and stored at an
approved, private, off -site location. The contractor will include a detailed hurricane
preparedness /evacuation plan, which shall include the location and proof of ownership
and /or control by the contractor (either through a deed, lease or other form
satisfactory to the city) of a proposed hurricane storage facility, must be provided in
their response and proposal to this RFP.
F. Maintenance of Equipment and Concession Area
1. The contractor will keep all equipment in good repair so that it is aesthetic in
appearance and in safe usable condition so as not to present any potential hazard to
any beach patron. Equipment will be maintained in a manner that will ensure
continuous, satisfying service to the public. Damaged equipment will be repaired or
promptly removed from the beach until it is restored to usable condition. Damaged
equipment must be repaired or removed from the beach by the following day it was
discovered or reported damaged. The contractor will be responsible for any costs
incurred with the disposal or removal of equipment.
2. When the contractor seeks to utilize a motorized vehicle for the purpose of
transporting equipment to or from the beach they must when obtain prior approval
from a designated employee of the city. The contractor will ensure that only
employees with a valid license operate such vehicles and that operators conform to
the following regulations:
• Vehicle use will be restricted to weekday mornings when beach visitation is
lowest. The city may amend this requirement in the event of an emergency such
as a hurricane which necessitates prompt relocation of equipment.
• Vehicles use will not occur on Saturday or Sunday.
• Vehicle operators will limit distractions and direct attention to operating the
vehicle in a manner that maximizes the safety of beach patrons. Cell phones will
not be used while vehicles are being operated.
3. The contractor will remove all debris and litter within fifty (50) feet of all concession
areas or within fifty (50) feet of any area where equipment is placed. Debris and
litter removal will be conducted at the beginning and end of every day of operation.
The contractor will complete debris and litter removal by raking and disposing of any
items within fifty (50) feet of equipment. The debris and litter removed by the
contractor will include but not be limited to cigarette butts, bottle caps, and any
glass, plastic, paper and metal objects.
4. The contractor will maintain the main beach walkway located in the immediate
vicinity of the Atlantic Avenue pavilion. The contractor will maintain this walkway on
a daily basis by sweeping and keeping it free of sand and debris.
G. Contractor Staff
1. During all hours of operation the contractor shall maintain adequate on -duty
personnel to comply with all terms and conditions of this contract. A minimum of one
(1) staff member employed by the contractor will be stationed at each of the three
concession areas as described in section D of this contract. A staff member will be
stationed at each concession area during hours of operation.
The contractor will employ workers to service this operation who are literate, neat,
clean, well groomed and courteous.
2. An experienced manager shall be present to oversee the daily operation of this
concession and this manager will have the authority to direct the operation and
immediately take any actions required to correct erroneous procedures and ensure
RFP NO.
complete and continuous compliance with the requirements and specifications of this
contract at all times the concession is in operation.
3. Upon execution of this contract a City designee and the contractor shall establish a
standardized uniform to be worn by all employees of the contractor. The city will
seek input from the contractor when determining the uniform, however, the city will
make the final decision in determining uniforms which will consist of a shirt, shorts,
hats, and visible identification. The contractor will be responsible for the cost and
acquisition of uniforms for all staff. Employees of the contractor will wear the
established standard uniform in clean and professional condition whenever on duty
during hours of operation.
4. The contractor and staff of the contractor shall adhere to all City ordinances and be
cognizant and vigilant in following all regulations posted at the beach or any
regulation delivered by city employees who are authorized to ensure compliance and
or public safety. The contractor and staff of the contractor will immediately vacate
the municipal beach when the city determines that the beach must be closed due to
lightning or for any other reason. When the beach is closed to the public the
contractor and his staff will not attempt to continue service or work in any capacity.
5. "Hawking" to attract attention and /or summoning or accosting any person is
prohibited. The playing of music or allowing other activity that disturbs the public is
prohibited.
H. Beach Wheel Chairs
When requested by the public or by city staff, the contractor will provide beach wheel
chairs to patrons in need of this service. The beach wheel chairs are purchased and
owned by the City of Delray Beach but will be provided to the public by the
contractor. The contractor will not charge the public any fee for the provision of
these chairs. The beach wheel chairs will be stored in the areas provided by the City
of Delray Beach. The contractor is not responsible for transporting patrons to, from,
or in the beach wheel chairs.
Advertising and Signs
Unless approved by the city, the contractor shall not display or distribute any signs or
advertising material on the public beach.
]. Complaints
The contractor will provide an email address that will be checked at least once per
day as a means to respond to patron complaints or requests or for correspondence
with the City of Delray Beach. All complaints received and corresponding responses
will be copied to the city.
K. Parking Requirements
No parking spaces will be provided by the City of Delray Beach.
L. RATES CHARGED FOR BEACH EQUIPMENT
RFP NO.
All rental rates for beach umbrellas, chairs, cabanas and similar beach equipment shall be
approved by the City Manager. Any increase in rental rates must have prior approval of the City
Manager or his designee. All rentals of equipment shall include at a minimum a one half day -
(1/2) and full -day rental rate.
The Bidder shall furnish to the City a schedule of rental charges on all equipment. The rental
schedule shall be posted in a conspicuous place at the public beach, in a form and location
approved by the City Manager or his designee.
M. LICENSES
The Bidder shall maintain a valid yearly City Occupational License.Bidder shall make
application for, and obtain at its own expense all necessary permits from any governmental
entity or agency requiring such. Bidder specifically agrees to obtain the necessary permits, if
any, from the Division of Beaches and Shores of the Department of Environmental Protection,
State of Florida. Any permits and the expense of obtaining such shall be at no cost to the City
of Delray Beach.
N TERMINATION OF CONTRACT
Failure of either party to comply with the provisions of the contract shall cause the contract to be
voidable upon twenty (20) days written notice to the other party; provided that the City may
terminate the contract upon thirty (30) days written notice with or without cause and in the sole
discretion of the City.
The successful Bidder agrees to remove any of its equipment used in connection with the contract
upon demand of the City Manager or his /her designee. Such removal shall suspend the Bidder's
obligation to pay the required monthly fee in an amount proportionate to the number of days
during which the removal is required. Any removal required by the City which is in excess of
twenty (20) days shall be deemed a non - compliance, and the Bidder may exercise the provisions
stated in the above paragraph.
O PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of an
public building or public work, may no submit bids on leases of real property to a public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for Category Two for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list.
P CONCESSION FEE PAYMENTS
The Bidder shall pay to the City a fixed annual concession fee quarterly in advance, based
on that amount submitted in the Technical Proposal Section of this ITB and accepted -by the
City. The initial quarterly payment shall be paid within seven (7) working days after
notification by the City, of its award of this Contract. Payments are due seven (7) working
days prior to the commencement of each quarter thereafter.
All payments shall be submitted to the City Finance Department.
Q BIDDER MINIMUM FEES
The City intends to award a single Contract for the rental of beach equipment.
Minimum acceptable annual concession fee:
RFP NO.
Year 1
$ 120,000.00
Year 2
$ 120,000.00
Year 3
$120,000.00
The above is the minimum acceptable fee.
For every increment of $15,000 over the three (3) year aggregate of $360,000 guaranteed
minimum, one point will be awarded to the bidder up to a maximum of 30 points.
R ADDITIONAL AMENITIES
The Bidder agrees to provide additional amenities to the City as provided in the proposal
section of this RFP and as approved by the City. Additional amenities are agreements with
hotels for amenity charge plans, amenities directly related to and used in conjunction with the
beach equipment, towel rentals, and the ability to receive credit cards as payment where each
attendant has the ability to give the customer a receipt that does not require the attendant or
another Bidder employee to leave the beach.
Additional amenities shall not include the sale or dispensing of food, beverages, sun blocks,
suntan products, clothing, other retail items, rental or sale of watercraft, floats, snorkeling
gear or any other items that may be used in the water or for recreation on the beach or any
activity that would limit public use of the beach. The additional amenities must comply with
all City rules, policies, ordinances and Comprehensive Plan. The City reserves the right, in
its sole discretion, to require the Bidder to discontinue any or all of the additional amenities at
any time during the agreement period, upon receiving 30 days written notice from the City.
All proposed additional amenities are subject to approval by the City and the City may or may not
accept the additional amenities, in its sole discretion.
A proposed additional amenities plan shall be provided in the technical proposal section of
this ITB.
S. SPECIAL EVENTS
The City will hold sponsored and cosponsored events and activities on the beach from time to
time. In such cases, the City may request that the Bidder cease and desist operations
during the term of, and in the area of the special event and /or production, and the Bidder
shall cease and desist during said term. If the Bidder is not required to close, or chooses to
remain open without interference to the special event and /or production, Bidder agrees to
cooperate with the City. During such events, the Bidder may be allowed to continue
operations or be assigned a temporary location elsewhere within close proximity of the
original assigned site. During the event, the Bidder has the option of operating his /her
equipment from the temporary site or stopping operations until the event is over. The City
reserves the right to allow other rental of concessions to operate upon the original assigned site
or in close proximity to that site during special events as may be approved by the City.
T. MISCELLANEOUS
The City grants exclusive right to the Bidder for the services requested in this Invitation to Bid.
The successful Bidder may not subcontract, transfer or assign any portion of the contract except
with the express written approval of the City.
The terms "Invitation to Bid" (ITB) and "Request for Proposal' RFP are used interchangeably and
both refer to RFP No. 2009 -18.
RFP NO.
CONSIDERATION FOR AWARD /AWARD PROCEDURES
The award of the Contract will be based on certain objective and subjective considerations listed below:
Understanding of the overall needs of the City as presented in the proposed plan, including, but
not limited to, equipment, management and staffing, implementation schedule, operational plan,
rental rates, proposed equipment, storage plan, marketing plan, hurricane plan, etc. Maximum
Points Available: 20 points
2. Experience, qualifications, and references of the proposing firm. Maximum Points Available:
15 points
Proposing Firm company financial Information. Maximum Points Available: 10 points
4. Proposed plan for management, staffing and operation of concession under this Contract.
Maximum Points Available: 15 points
5. Additional Amenities Plan. Maximum Points Available: 10 points
6. Total three (3) year revenue above guaranteed minimum concession fees proposed. For
every increment of $15,000 over the three (3) year aggregate of $360,000 guaranteed
minimum, one point will be awarded to the bidder up to a maximum of 30 points.
The evaluation of bids will be conducted by a committee of qualified City staff, or other persons selected
by the City. The committee will evaluate all responsive bids based upon the information and references
contained within the bids as submitted and score and rank all responsive bids. The first ranked bidder
resulting from this process will be recommended to the City Commission for award. Information and
references submitted will be considered in the award.
The City may require visits to customer installations or demonstrations of product by Bidders as part of
the evaluation process.
The City may require additional information and Bidders agree to furnish such information. The City
reserves the right to award the Contract to that Bidder who will best serve the interest of the City. The
City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all
bids. The City also reserves the right to waive minor irregularities or variations to the specifications and
in the bidding process.
RFP NO.
RFP NO.
BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH
SCHEDULE OF PRICING
PART I: PROPOSAL
Year One:
Annual concession fee:
Year Two•
Annual concession fee:
Year Three:
Annual concession fee:
(minimum acceptable $120,000)
(minimum acceptable $120,000)
(minimum acceptable $120,000)
Total three (3) year annual concession fee: $
NOTE. APPLICABLE FLORIDA STATE SALES TAXES SHALL BE ADDED TO THE ABOVE LISTED
ANNUAL CONCESSION FEE.
RFP NO.
PART II - TECHNICAL PROPOSAL
The following issues should be fully responded to in your proposal in concise narrative form. Additional
sheets should be used, but they should reference each issue and be presented in the same order.
I. Understanding of the City's needs for the concession and your overall approach to those
needs.
II. Your proposed operational plan, including:
Storage plan including on -site and off -site storage and any vehicle usage
Hurricane preparedness /evacuation plan
Management and staffing plan
Beach maintenance plan of Concession Area(s)
Method proposed to anchor umbrellas, and windbreaker /clamshells
Additional amenities plan
Any other information you feel will assist the City in evaluating your bid
III. Provide in your proposal the type of equipment that you plan to provide for rental
including specifications. Photos or brochures of the equipment will be helpful in
evaluation.
IV. List your proposed rental rates for each contract year. Describe equipment and list
proposed rates for an hour, more than an hour, half day, full day and any other
rental arrangements.
RFP NO.
PART III - QUESTIONNAIRE
How many calendar days from award of Contract would you need prior to initiating
operations?
2. Number of years experience the bidder has had in providing similar services?
3. List those persons who will have a management or senior position working with the City if you
are awarded the Contract. List name, title or position and duties. A resume or summary of
experience and qualifications must accompany your proposal.
4. List all contracts currently held for providing similar services. Provide agency name,
address, telephone number, contact person and date contract expires. If services provided
differs from the one presented in your proposal, please delineate such differences.
5. List clients for whom you have provided similar services in the last three years. Provide
agency name, address, telephone number, contact person, and date service was provided.
If services provided differs from the one presented in your bid, please delineate such
differences.
6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals
with more than ten percent (10 %) interest.
a. List all pending lawsuits which are concerned directly with the staff or part of your
organization proposed for the Contract.
b. List all judgments from lawsuits in the last 5 years which are concerned directly with the
staff or part of your organization proposed for the Contract.
7. Attach a Balance Sheet and Statement of Profit and Loss of the proposing firm from the
preceding calendar or fiscal year, certified by either an appropriate Corporate Officer, or an
independent Certified Public Accountant. If the bidder- is a privately held corporation,
provide such records, for City review, at a time and place convenient to the City, will satisfy
this requirement.
The bidder understands that the information contained in these Bid Documents is to be relied upon
by the City in awarding the proposed Contract, and such information is warranted by the bidder to
be true. The bidder agrees to furnish such additional information, prior to acceptance of any bid,
relating to the qualifications of the bidder, as may be required by the City.
RFP #
RFP NO.
BEACH EQUIPMENT RENTAL CONCESSION FOR THE PUBLICLY OWNED BEACH
CONE OF SILENCE
Bidders are advised that a bidder or anyone representing the bidder cannot
communicate with any City Commissioner, or any City employee, other than the City
employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of
Silence ". The "Cone of Silence" is in effect from the date /time that the bid is placed on
"Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening.
However, bidders may communicate with City employees who are present at the mandatory pre -bid
meeting during the actualpre -bid meeting. Once the pre -bid meeting is over bidders may only
communicate with employees of the Purchasing Division.
RFP #
RFP SIGNATURE FORM
`PLEASE AFFIX SIGNATURE WHERE INDICATED
(FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL)
RFP #
Bid Title:
Company Name:
Name/Title:
Address:
City:
Federal Tax I.D. #
Telephone:
Facsimilie:
Email Address:
*Signature:
Opening Date:
VENDER SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER:
Contact Name:
Telephone:
Email Adddress:
RFP #
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Louie Chapman, Jr., City Manager
DATE: May 10, 2013
SUBJECT: AGENDA ITEM WS.4 - WORKSHOP MEETING OF MAY 14, 2013
DISCUSSION REGARDING WASTE MANAGEMENT AGREEMENT
ITEM BEFORE COMMISSION
The item before the Commission is a discussion regarding the Waste Management Agreement.
BACKGROUND
Commissioner Petrolia requested that the Waste Management Agreement be included on a Commission
agenda; this item is on the workshop agenda for discussion by the City Commission.
This Agreement is hereby made and entered into this 40 day of 2001, between
the CITY OF DELRAY BEACH, a municipal corporation, (hereinafter referred to as "City ") and
BFI Waste Systems of North America, IThereinafter referred to as "Contractor ").
In consideration of the mutual benefits, the parties herein agree as follows:
1. TERM:
The term of this Agreement shall be for the period beginning October 1, 2001, and expiring
September 30, 2006. This Agreement is renewable for a five -year term upon approval of both
parties.
2. DEFMMONS:
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail. However, nothing contained
herein shall be interpreted to require the Contractor to undertake any conduct that is contrary
to federal, state or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohazardous or Biomedical Wastes shall mean those wastes which may cause
disease or reasonably be suspected of harboring pathogenic organisms; included, but
not limited to, waste resulting from the operation of medical clinics, hospitals, and
other facilities producing wastes which may consist of, but are not limited to, diseased
human and animal parts, contaminated bandages, pathological specimens, hypodermic
needles, contaminated clothing and surgical gloves.
C. Bulk Trash shall mean any non - vegetative 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 domestic appliances,
household goods and furniture. Bulk Trash shall not be commingled with
Vegetative Waste. There shall be no weight limit for any item of Bulk Trash.
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D. Collection shall mean the process whereby solid waste (Garbage, Trash, Bulk Trash),
Vegetative Waste or Recyclable Material is removed and transported to a Designated
Facility.
E. Commercial Recycling Collection Service shall mean the Collection of Recyclable
Materials by the Contractor for entities within the City service area that are not
serviced by a Residential Recycling Collection Service.
F. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash or Vegetative
Waste that is not Residential Solid Waste. Substantial effort shall be made not to
commingle Garbage, Trash or Bulk Trash with Vegetative Waste.
G. Commercial Solid Waste Collection Service shall mean the collection of Commercial
Solid Waste within the City service area. Such service includes both Containers and
Compactors, but does not include Roll-off Collection Services.
H. Compactor shall mean any container that has an all inclusive compaction
mechanism(s), whether stationary or mobile.
I. Construction and Demolition Debris (C &D) shall mean materials generally
considered to be not water soluble and non - hazardous 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 as part of a construction or
demolition project. Mixing of a small amount of waste other than C &D from the
construction site will not automatically cause it to be classified as other than C &D.
I Container shall mean and include any container designed or, intended to be,
mechanically dumped into a loader packer type truck or recycling vehicle. All
Containers must be of the specifications as designated by the Contract Administrator,
in writing.
K. Containerized Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from Dwelling Units in the Service Area that
require the use of Containers for the collection of Recyclable Materials, which also
receives Residential Collection Service for solid waste, and the delivery of those
Recyclable Materials to the Materials Recycling Facility.
L. Containerized Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage, Trash, Bulk Trash or
Vegetative Waste is collected by means of a central or shared Container and not by
means of a Garbage Can. Vegetative Waste shall not be commingled with Garbage,
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Trash, or Bulk Trash.
M. Contract shall mean this Agreement.
N. Contractor shall mean that person or entity set out initially above that has entered into
this Agreement to provide the services described herein for the City.
O. Contract Administrator shall mean the person designated by the City who shall act as
the City's representative during the term of this Agreement. This person shall be the
Code Enforcement Administrator.
P. County shall mean Palm Beach County.
Q. Curbside Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from all residential Dwelling Units in the City's
service area. This service also includes the delivery of those Recyclable Materials to a
Designated Facility.
R. Curbside Residential Solid Waste Collection Service shall mean Residential Solid
Waste and Vegetative Waste Collection service for all Dwelling Units whose Garbage
is collected by means of a rollout cart or bag at curbside or roadway.
S. Designated Facility shall mean the City of Delray Beach transfer station that is leased
to the Solid Waste Authority of Palm Beach County.
T. Dwelling Unit shall mean any type of structure or building unit intended for or capable
of being utilized for residential living other than a licensed Hotel or Motel unit.
U. Fiscal Year shall mean the period between October 1 of a given year and September
30 of the following year during this Contract.
V. Garbage shall mean 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. Vegetative Waste
shall not be commingled with Garbage in the same collection vehicle. Garbage shall not
include any material that falls within the definition of Special Waste.
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W. Garbage Can 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 handle(s). This type container is
used for rear -door collection. A Garbage Can is also defined as a heavy duty, securely
tied, plastic bag designed for use as a garbage receptacle. Such container including
waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in
weight. This bag is used for curbside pickup in designated areas. A Garbage Can is
also defined as a rollout cart presently used within the City for curbside service. This
cart is presently 33 gallons, 65 gallons, or 95 gallons. The larger carts require a
semi- automated collection system with specialized lifters mounted on collection
vehicles. These lifters must meet the specifications of our rollout cart supplier. A
cardboard box may also be used as a Garbage Can, provided the contents do not
contain a level of moisture so as to saturate the box and weaken its walls.
X. Hazardous Waste shall mean solid waste as defined by the State of Florida
Department of Environmental Regulation as a hazardous waste in the State of Florida
Administrative Code, or by any future legislative action or by federal, state or local law.
Y. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for
residential living where such a unit or a group of such units is regularly rented to
transients or held out or advertised to the public as a place regularly rented to transients
for periods of seven days or less. To meet this definition, the Hotel or Motel must be
licensed to operate as such. "Transient" has the meaning as defined in Chapter 509,
Florida Statutes (1987), or its successor law.
Z. Materials Recycling Facility (NW) shall mean any facilities operated or managed by,
for or on behalf of the Authority for the purpose of receiving, sorting, processing,
storing, and/or preparing Recyclable Materials for sale.
AA. Mixed Paper shall be defined as a mixture of paper products including magazines,
catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file
folders, envelopes, letter paper, junk mail, notebook paper and any other clean paper
products.
BB. Peak Times shall mean the period between November 1 of a given year and April 30
of the following year, unless otherwise specified by the City.
CC. Public Awareness Program shall mean that program developed by the City to inform
and encourage residential and commercial solid waste collection customers to use all
solid waste and recycling collection services offered by the City through the Contract.
It shall also mean information concerning level of service and changes in scope of
service.
- 4 -
DD. Rear -Door Residential Solid Waste Collection Service shall mean Residential Solid
Waste service for all Dwelling Units whose Garbage is collected by means of a
Garbage Can at the side or rear of a residence. This service will not include Bulk
Trash, Vegetative Waste and recycling which is only serviced curbside.
EE. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic
containers, glass bottles and jars, milk and juice cartons, aseptic containers, corrugated
cardboard, brown paper bags, Mixed Paper, tin and ferrous cans, household dry-cell
batteries (no wet -cell batteries), and other solid waste materials added by the Solid
Waste Authority, when such materials have been either diverted from the remaining
solid waste stream or removed prior to their entry into the remaining solid waste
stream.
FF. Recycling Container shall mean a rigid container made of plastic or other suitable
substance that is used for the storage of Recyclable Materials.
GG. Residential Recycling Collection Service shall mean Curbside Residential Recycling
Collection Services and Containerized Residential Recycling Collection Service.
HH. Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the
normal housekeeping activities of a Dwelling Unit, but shall not include Vegetative
Waste. Residential Solid Waste shall also mean Construction and Demolition Debris
(C &D) resulting from minor home repair from the Dwelling Unit.
H. Residential Solid Waste Collection Service shall mean Curbside or rear -door
Residential Solid Waste Collection Service and/or Containerized Residential Solid
Waste Collection Service.
JJ. Roll-ofd' Collection Service shall mean the Collection of C &D only roll-off containers,
or the Collection of C&D by other mechanical means, within temporary locations in the
Service Area, limited to new construction sites and remodeling or refurbishment sites.
Roll-off Collection Service shall also mean the collection of horticultural or agricultural
wastes at horticultural or agricultural nurseries, but only when the customer chooses to
use 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 Material.
KK. Service Area shall mean that portion of the incorporated area of the City as described
in the City map provided, for which the Contractor has been granted an exclusive
franchise.
- 5 -
LL. Sludge shall mean a solid or semi - solid, or liquid generated from any waste water
treatment plant, water supply treatment plant, air pollution control facility, septic tank,
grease trap, portable toilets and related operations, or any other such waste having
similar characteristics or effects.
MM. Special Services shall mean any services requested or required by the customer which
are in addition to, or a change in, Residential Solid Waste Collection Service,
Residential Recycling Collection Service, Commercial Recycling Collection Service
and Commercial Solid Waste Collection Service as set out or similar to those listed in
Exhibit H.
NN. Special Waste shall include automobiles, boats, internal combustion engines, non-
automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical
Waste, liquid waste, and Hazardous Waste. Special Waste may also include items
determined by the Contract Administrator to be reasonably unmanageable.
00. Trash shall mean all refuse, accumulation of paper, 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.
PP. Uncontrollable Forces shall mean any event which results in the prevention or delay
of performance by a party of its obligations under this Agreement and which is beyond
the reasonable control of the non - performing party. It includes, but is not limited to
fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil
disturbance, sabotage, and governmental actions.
QQ. Vegetative Waste shall mean any vegetative matter resulting from yard and
landscaping maintenance by any party and shall include materials such as tree and shrub
materials, grass clippings, palm fronds, 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.
Vegetative Waste, except palm fronds, must be no more than six (6) feet in length and
no single item shall weigh more than 50 pounds, and shall be placed neatly at the curb.
Natural Christmas trees will be collected as Vegetative Waste and must not be more
than 8 feet in length and must be less than 50 pounds.
- 6 -
3. SERVICES PROVIDED BY CONTRACTOR: Contractor shall provide mandatory
Residential Solid Waste Collection Services and Residential Recycling Collection Service in the
City's service area. The right to provide such Collection Services in the City's service area
shall be exclusive to the Contractor. The Chy will be responsible for the billing and collection
of payments for the Residential Solid Waste Collection Service and the Residential Recycling
Collection Service. No disposal costs are to be billed to residential customers by the City since
they are billed on the tax bills by the Authority.
The Contractor shall provide mandatory Containerized Residential Solid Waste Collection
Services and Containerized Residential Recycling Collection Service in the City's service area.
The right to provide such Collection Services in the City's service area shall be exclusive to the
Contractor. The Qjy will be responsible for the billing and collection of payments for the
Containerized Residential Solid Waste Collection Service and the Containerized Residential
Recycling Collection Service. No disposal costs are to be billed to residential customers by the
Contractor since they are billed on the tax bills by the Authority.
The Contractor shall provide mandatory Commercial Solid Waste Collection Services in the
City's service area, which service can consist of containers or compactors and shall be an
exclusive right to the Contractor. The Contractor shall be responsible for the billing and
collection of Commercial Solid Waste Collection Services and disposal costs not being billed
and collected by the Solid Waste Authority or its designee.
Roll -off Collection Services shall be exclusive to the Contractor. Not withstanding any other
provision of this Agreement, Collection of waste contained in roll-off containers excluded from
Roll-off Collection Services for commercial businesses in the City's service area is exclusive to
the Contractor. The Contractor shall be responsible for the billing and collection of
Commercial Solid Waste Collection Services and disposal costs not being billed and collected
by the Solid Waste Authority or its designee.
The Contractor shall provide Commercial Recycling Collection Services in the City service
area upon request by the Customer or the City, or through the solicitation efforts of the
Contractor. Commercial Recycling Collection Services are not exclusive to the Contractor in
the City service area.
The Contractor shall use good faith and its best efforts to cooperate with any commercial
recycling firms providing recycling services to customers in the City's service area.
- 7 -
4. SOLID WASTE AND VEGETATIVE WASTE COLLECTION SERVICE:
A. Curbside or Rear -Door Residential Solid Waste and Curbside Vegetative Waste
Collection Services: The initial Curbside or Rear -Door Residential Collection Service
provided by this Agreement shall be as set forth in this Section 4A and shall continue
until such time as the Contract is terminated.
1. Conditions and Frequency of Service: All Curbside and Rear -Door
Residential Solid Waste and Curbside Residential Vegetative Waste shall be
properly containerized or otherwise prepared for collection. Vegetative Waste
shall be separated from Residential Solid Waste. All Curbside Residential Solid
Waste Collection Service, except for permitted holidays, shall be provided
twice per week, unless options of service (Exhibit 11) are implemented, with
not less than forty-eight (48) hours nor more than seventy -two (72) hours
between regularly scheduled pick -up days. Vegetative Waste must be placed
curbside at an accessible pick -up location. If the customer has moderately
commingled Residential Solid Waste and Vegetative Waste, the Contractor
shall separate the Residential Solid Waste from the Vegetative Waste and
collect the materials separately. Vacant lots will be serviced at no additional
charge.
Trash, Bulk Trash, and Construction and Demolition Debris (C &D) resulting
from minor home maintenance and repair will be collected curbside. C &D may
include, but is not limited to, drywall, lumber, fencing, roofing material,
concrete blocks and paneling. Collection of C &D shall be limited to no more
than 4 cubic yards per collection per dwelling unit. In the event Bulk Trash
contains Chloroflorocarbons (CFC's), the Contractor shall collect the Bulk
Trash item separately, in a non - compacting vehicle, and deliver the item, with
every attempt not to release the CFC's into the atmosphere, to the Solid Waste
Authority landfill or to a scrap dealer located in Palm Beach County. There
shall be no weight limit for any Bulk Trash item. The Vegetative Waste
service day shall be on the first day of the two-scheduled route days.
Vegetation shall be collected on the Vegetative Waste service day. Vacant
lots shall be serviced at no additional charge.
2. Accessibility: The edge of all Residential Solid Waste and Vegetative Waste
to be collected Curbside must be placed within six (6) feet of the curb, paved
surface of the public road, closest accessible public right -of -way, or other such
location agreed to by the Contractor that will provide a safe and efficient
accessibility to the Contractor's collection crew and vehicle. In the event there
is insufficient space between the curb and the sidewalk to place Residential
- 8 -
Solid Waste and Vegetative Waste, the edge of all Residential Solid Waste and
Vegetative Waste to be collected shall be within two (2) feet of the sidewalk.
Where the resident of a dwelling unit is physically unable to deliver Residential
Solid Waste or Vegetative Waste to curbside and this is certified by the
Contract Administrator, or the residential structure is located in such a manner
as to provide non - accessibility to the Contractor's crew or vehicle, an
alternative location may be arranged between the customer and the Contractor
at no extra cost to the customer. In the event an appropriate location cannot
be agreed upon, the Contract Administrator shall mediate the dispute and
designate the location for pick -up. If the resident requests Special Services,
these services shall be billed directly to the customer by the Contractor in
accordance with Exhibit II. In the event that a Special Service request is not
listed in Exhibit H, such charges shall then be established through negotiations
between the Contractor and the customer. In the event the customer and the
Contractor cannot reach an agreement on the cost, the Contract Administrator
shall determine the cost.
B. Containerized Residential Solid Waste Collection Services: The Contractor shall
provide Containerized Residential Solid Waste Collection Service to all Dwelling Units
in the Service Area that are suitable to receive such service. Normal Collection service,
not including Bulk Trash collection, shall be twice per week. However, the customer
may elect to receive once a week service during off Peak Times of the year and up to
three times per week Collection service during Peak Times, as required, at no
additional cost to the customer (as long as the average is two times per week on an
annual basis). The size and location of the Container and frequency of collection (more
than the minimum of once per week) shall be determined by the Contractor and the
residential complex in accordance with this Agreement. In case of an unresolved
dispute, the Contract Administrator shall resolve such issue. Any service requested by
the residential complex above three times per week or greater than the two times per
week annual average, with the exception of Bulk Trash collection, shall also be paid in
accordance with the "commercial solid waste collection' ' rates in Exhibit I.
The frequency of collection of Bulk Trash outside the container shall be no less than
once per week unless otherwise agreed to by the customer and approved by the
Contract Administrator. Any disputes as to the frequency of Bulk Trash collection
shall be resolved by the Contract Administrator. In the event Bulk Trash contains
Chloroflorocarbons (CFC's), the Contractor shall collect the Bulk Trash item
separately, in a non - compacting vehicle, and deliver the item, with every attempt not to
release the CFC's into the atmosphere, to the Solid Waste Authority landfill or to a
- 9 -
scrap dealer located in Palm Beach County. There shall be no weight limit for any
Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of once a week service is
required of all customers, or such other minimum frequency as provided by
law. Such service shall be provided by mechanical Container as defined herein.
However, where a customer generates less than two cubic yards per week of
waste, alternate non - mechanical Containers may be utilized. The size of the
Container and the frequency (above the minimum) of collection shall be
determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid 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 own their Container provided that the
customer is completely responsible for its proper maintenance. Such
Containers shall be of a type that can be serviced by the Contractor's
equipment. All Residential Solid Waste shall be placed in a Container or
acceptable other Garbage Can. Vegetative Waste shall not be commingled
with Garbage. Where Garbage Cans are used, they shall be placed at an
accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors
shall be kept in a safe, accessible location agreed upon between the Contractor
and the customer. Any Container or Compactor damaged by the Contractor
shall be repaired or replaced by the Contractor within five (5) business days.
All containers and compactors provided by the Contractor shall be in good
condition. The Contractor shall have a regularly scheduled replacement
program for all containers to ensure containers are in good condition. The
Contractor shall replace any container reported as in poor condition by the
customer within five (5) business days.
2. Method of Collecting: Collection shall occur on a regular basis with a
frequency of pick -up as provided herein and the size of the Container to be
agreed upon between the Contractor and the customer.
C. Commercial Solid Waste Collection Service: The Contractor shall collect and
dispose of all Commercial Solid Waste in the Service Area, except Special Waste.
Such Commercial Collection Service shall be governed by the following material terms:
1. Conditions and Frequency of Service: A minimum of once a week service
is required of all customers with food or other such putrescible wastes or from
businesses generating or selling food, or such other minimum frequency as
provided by law. Such service shall be provided by mechanical Container as
defined herein. However, where a customer generates less than one (1) cubic
yard per week of waste, alternate non - mechanical Containers may be utilized
- 10 -
(e.g., Garbage Can(s)). Commercial Customers utilizing a garbage can, a 95
gallon or 101 gallon Container shall be charged the monthly Residential
Curbside Collection rate, as set out in Exhibit I plus the cost of disposal. The
size of the Container and the frequency of collection shall be determined
between the customer and the Contractor. However, size and frequency shall
be sufficient to provide that no Commercial Solid 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 own their Container provided that the
customer is completely responsible for its proper maintenance. Such Containers
shall be of a type that can be serviced by the Contractor's equipment. In the
event the Contractor provides the Container, the Container shall be in good
condition. All Commercial Solid Waste shall be placed in a Container,
Compactor or acceptable other Garbage Can. Vegetative Waste shall not be
commingled with Garbage. When Vegetative Waste is placed in a Container
(not loose or in a Roll-off or a Compactor), the Contractor may charge 1.5
times the commercial collection rate as set out in Exhibit I. Where Garbage
Cans are used, they shall be placed at an accessible location or at such other
single collection point as may be agreed upon between the Contractor and the
customer. All Containers or Compactors shall be kept in a safe, accessible
location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days.
Compactors may be obtained by customers from any source provided that such
Compactor must be of a type that can be serviced by the Contractor's
equipment and the customer shall be completely responsible for its proper
maintenance. Compactor frequency of collection shall be sufficient to contain
the waste without spillage.
All Containers and Compactors provided by the Contractor shall be in good
condition, painted and neatly labeled with the Contractor's name, phone
number and size of Container.
2. Method of Collecting: Collection shall occur on a regular basis with a
frequency of pick -up as provided herein and the size of the Container to be
agreed upon between the Contractor and the customer.
3. Level, Type and Disclosure of Rates for Commercial Collection and Other
Services:
a. Commercial Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement.
- 11 -
A written Agreement between the Contractor and the customer shall
be entered into regarding the level and type of service to be provided
and manner of collection of fees. The Contractor may not bill the
customer more than thirty (30) days in advance unless otherwise
requested by the customer. The terms and conditions of such
Agreement shall be in compliance with all provisions of this franchise
Agreement and the term shall not extend beyond the term of this
Agreement as stated in Section 1. The customer shall subscribe to a
level of service sufficient to meet the needs of the customer in a
sanitary and efficient manner. However, upon failure of the parties to
reach such an Agreement, the Contract Administrator or his designee
shall establish the level and type of service to be provided including the
location, size of the Container and number of pick -ups per week and
the "TOTAL RATE" to be charged within the approved rate limits
contained in Exhibit I. The Contractor will be responsible for the
billing and collection of Commercial Solid Waste Collection Services,
disposal tipping fees, special service fees and Container rental charges
except as otherwise provided in this Agreement.
b. Disclosure: By October 1" of each year of this Agreement, the
Contractor shall provide the customer an annual disclosure statement,
with a copy sent to the City, including the following language:
"REGULATION BY THE CITY OF DELRAY BEACH"
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service
Agreement are regulated by a franchise granted by the City of Delray Beach. Should the
customer have any questions relating to the terms and conditions of this Agreement, the
customer may call the Contract Administrator at 243 -7214.
"COMAMRCIAL COLLECTION CONTAINERS"
The commercial collection container shall be of a type that can be serviced by the Contractor's
collection equipment. The customer may either purchase the commercial collection Container
from any source or rent such Container from the Contractor at the rental rate as approved by
the Authority. If the customer chooses to use a Compactor, the customer may rent, lease or
own the Compactor from any source, provided that the Compactor can be serviced by the
Contractor's collection equipment. Commercial collection Containers and Compactors shall be
maintained in a serviceable, safe and sanitary condition by the owner of the Container or
Compactor. However, damage caused by the Contractor to a customer owned Container or
Compactor shall be repaired at the cost of the Contractor.
- 12 -
"SPECIAL SERVICES"
If the customer requests, the Contractor is required to provide special services for collection of
solid waste such as rolling Containers out of storage areas, opening doors or gates for access, or
other such special services. However, such special services may be provided by the customer,
through its' own or other personnel. If the Contractor provides special services, such charge
must be separately stated under the "RATES FOR SERVICES" disclosure statement. The
maximum for these special service rates are fixed by the City. A copy of these rates can be
obtained from the Contractor or Contract Administrator.
- 13 -
"RATES FOR SERVICE"
October 1, (year) - September 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste Collection Service are as
follows:
.............
.... ..... . ..........
. . ........
........
. . ... ......
.... ..
.. ..........
... .............. .....
............. ... ..
.....Total
. .... .
...........
Containers
Sr e
F urn
..............
M
. ....... Cost -.....
......
........ Co ..... .. ......
Saw
..............
..........
..... ..
.
Rent .. .......
....
......
.........
Total Monthly Cost:
The total RATES for this Commercial Recycling Solid Waste Collection Service
are as follows:
..........
€tuber of
Collection'
. ....
.........
......................
........ .. ....
Total -.........................
...... ...
en
. .
............... -
.................
.. .
Reuel
. . . .. . .
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF DELRAY BEACH. SHOULD YOU HAVE ANY QUESTIONS RELATING
TO THESE RATES, PLEASE CALL THE CONTRACT ADMINISTRATOR AT 243-7214.
- 14 -
The "RATES FOR SERVICE" statement shall incorporate or have attached a
rate schedule which specifies the Collection Rate based on size of container and
frequency of service; TYPE indicating whether the Container is for Solid
Waste or Recycling, DISPOSAL based on a cost per cubic yard;
CONTAINER RENTAL expressed in a monthly flat rate based on the size of
the Container; and the cost per month for each SPECIAL SERVICE
REQUIRED BY THE CUSTOMER. The notification shall specify the size of
container and frequency of collection of each container for each business,
distinguishing between solid waste and recycling collection service. The
notification shall specify in which Service Area the business is located. The
notification shall itemize each cost individually. A sample notification shall be
approved by the Contract Administrator or his designee before distributing to
the customer.
D. Method of Payment: The City or its designee will be responsible for the billing and
collection of payments for Residential Solid Waste Collection Service. Payments from
the City to the Contractor will be due and paid no later than 30 days following the
submission of an invoice from the Contractor. The initial collection rate per unit per
month shall be as set out in Exhibit II. This rate shall be adjusted in subsequent years in
accordance with the Payment Adjustment Schedule (Exhibit Ili.
E. Hours of Collection: Curbside Residential Solid Waste Collection Service shall be
provided between the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday.
Dwelling Units receiving Containerized Residential Solid Waste Collection Service and
non - residential collection sites located within 150 yards of residential uses shall be
considered residential collection for the purpose of establishing start times and shall
only be collected between the hours of 7:00 a.m. and 6:00 p.m. Monday through
Saturday. Other nonresidential locations may be collected at any time between the
hours of 6:00 a.m. and 6:00 p.m. Extended times for extraordinary circumstances or
conditions shall have the prior consent of the Contract Administrator.
F. Routes and Schedules: For Residential Solid Waste Collection Service, the
Contractor shall provide the Contract Administrator, in a format acceptable to the
Contract Administrator, the schedules for all Collection routes and keep such
information current at all times. If any changes in the Collection routes occur, then the
Contract Administrator shall be immediately notified in writing for approval, not less
than three weeks prior to change. In the event of a permanent change in routes or
schedules that will alter the day of pick -up, the Contractor shall immediately notify the
customer(s) affected in writing or other manner approved by the Contract
Administrator not less than two (2) weeks prior to the change, at no cost to the City.
Notification of day changes for Curbside Residential customers shall be by door
hanger, and Container Residential and Commercial customers shall be by flyer, unless
otherwise approved by the Contract Administrator, and distributed by the Contractor
- 15 -
at no cost to the City and the customer. Notification includes any day changes to the
customer prior to the beginning of this Agreement on October 1, 2001. Notification to
Curbside customers shall be done twice - once two (2) weeks prior to the change and
once one (1) week prior to the change.
5. RECYCLING COLLECTION SERVICE: The Contractor shall provide Residential and
Commercial Recycling Collection Service in the Service Area, as provided within the
Agreement. The City or its designee shall be responsible for the billing and collection of
payments for Residential Recycling Collection Services. The Contractor shall be responsible
for billing and collection of Commercial Recycling Collection Service cost not being billed and
collected by the City or its designee.
A. Curbside Residential Recycling Collection Services will be governed by the
following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide
Curbside Residential Recycling Collection Services to all Dwelling Units
receiving Residential Solid Waste Collection Service located in the designated
Service Area and to other such Dwelling Units as determined appropriate by
the Contract Administrator. This service shall be provided once every week,
unless otherwise specified by the City, on a scheduled route basis that shall
coincide with one of the two regularly scheduled solid waste collection days.
2. Accessibility for and Manner of Curbside Recycling Collection: All
Recyclable Materials to be collected shall be in a Recycling Container, with the
exception of cardboard and/or paper bag, and shall be placed within six (6) feet
of the curb; paved surface of the public road, closest accessible public
right -of -way, or other such location agreed to by the Contractor that will
provide a safe and efficient accessibility to the Contractor's collection crew and
vehicle. The Contractor must collect as many Recycling Containers, bags,
bundles, or flattened cardboard, as the customer sets out. Cardboard shall be
collected if placed next to, or inside, the Recycling Container or Container.
Where the resident is physically unable to deliver Recyclable Materials to
curbside and this is certified by the Contract Administrator, or the Dwelling
Unit is located in such a manner as to provide non - accessibility to the
Contractor's crew or vehicle, an alternative location may be arranged between
the customer and the Contractor at no extra cost to the customer. In the event
an appropriate location cannot be agreed upon, the Contract Administrator
shall mediate the dispute and designate the location for pick -up.
3. Recycling Containers: The Contractor shall ensure distribution of Recycling
Containers as supplied by the City to each unit that is to receive Residential
Recycling Collection Service in the Service Area. The title to these Recycling
- 16 -
Containers shall be vested with the City. However, customers may use their
own additional Recycling Containers or paper bags as long as they are similar
and suitable for the service.
B. Containerized Residential Recycling Collection Service will be governed by the
following terms and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this
service to Dwelling Units as are designated by the City that are located in the
Service Area. This service shall be provided at least once every week on a
scheduled route basis as set out in paragraph 2 below and up to twice a week
service as necessary during Peak Times of the year.
All Containers and Compactors provided by the Contractor shall be in good
condition, painted and neatly labeled with the Contractor's name, phone
number and size of Container. Any Container or Recycling Container damaged
by the Contractor shall be repaired or replaced by the Contractor within five (5)
days. Any Container or Recycling Container needing replacement, as
requested by the customer or the City, shall be replaced within five (5) working
days.
2. Accessibility and Schedule for Containerized Residential Recycling
Collection: All Recyclable Materials, with the exception of cardboard, are to
be collected in a Recycling Container or Container designated for Recyclable
Materials which shall be located in such location and shall be collected on a
schedule as mutually agreed to by the owner or governing association (of the
multiple residential complex or development being serviced) and by the
Contractor that will provide a safe and efficient accessibility to the Contractor's
collection crew and vehicle. Cardboard shall be collected if placed next to, or
inside, the Recycling Container or Container. If there is a large amount of
cardboard placed outside of the Container (such as a 95 -gallon Container), an
alternate, larger Container shall be provided, upon agreement by the customer
and the City. In the event an appropriate location cannot be agreed upon, the
Contract Administrator shall mediate the dispute and designate the location for
pick -up.
C. Commercial Recycling Collection Service: Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service
Area upon terms and conditions consistent with this Agreement.
1. Conditions and Frequency of Service: The Contractor shall provide
Commercial Recycling Collection Services to all business or commercial
entities located in the designated Service Area resulting from its own
- 17 -
solicitation, by request of the customer, or where a contract meeting the terms
and conditions of this Agreement is arranged by the Contract Administrator or
designee. The size and frequency of service of the Container designated for
Recyclable Materials shall be determined by a waste audit and agreed to by the
customer and the Contractor. However, size and frequency shall be sufficient
to provide that no Recyclable Materials need be placed outside the Container.
Storage capacity shall be suitable for the amount of recyclable materials
generated by the customer. The Contractor shall provide Containers as
necessary, however, customers may own their Container provided that the
customer is completely responsible for its proper maintenance. Such
Containers shall be of a type that can be serviced by the Contractor's
equipment. A Compactor may be obtained by customers from any source
provided that such Compactor must be of a type that can be serviced by the
Contractor's equipment and the customer shall be completely responsible for its
proper maintenance. Compactor frequency of collection shall be sufficient to
contain the waste without spillage. All Commercial Recyclable Materials shall
be placed in a Container, Compactor or other acceptable Recycling Container.
All Containers and Compactors provided by the Contractor shall be in good
condition, painted and neatly labeled with the Contractor's name, phone
number and size of Container.
Recyclable Material shall not be commingled with other solid waste. Where
Recycling Containers are used, they shall be placed at an accessible location 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 agreed upon between the Contractor and the customer. Any
Container or Recycling Container damaged by the Contractor shall be repaired
or replaced by the Contractor within five (5) days.
2. Level, Type and Disclosure of Rates for Commercial Recycling Collection
and Other Services: A written Agreement between the Contractor and the
customer shall be entered into regarding the level and type of service to be
provided and manner of collection of fees. The terms and conditions of such
Agreement shall be in compliance with all provisions of this franchise
Agreement and the term shall not extend beyond the term of this Agreement as
stated in Section 1. The customer shall subscribe to a level of service sufficient
to meet the needs of the customer in a sanitary and efficient manner. However,
upon failure of the parties to reach such an Agreement, the Contract
Administrator, or his designee, at the election of the customer and Contractor
may establish the level and type of service to be provided including the
location, size of the Container and number of pick -ups per week and the
"TOTAL RATE" to be charged within the approved rate limits contained in
Exhibit I. The Contractor will be responsible for the billing and collection of
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Commercial Recycling Collection charges except as otherwise provided in this
Agreement. The written Agreement between the Contractor and the customer
shall be as specified in Section 4.C.3.b. In the event the customer cancels a
contract with the Contractor for Commercial Recycling Collection Services,
the Contractor is not obligated to provide Commercial Recycling Collections at
the rates set forth in Exhibit I. Upon cancellation, the Contractor shall provide
a written explanation, as provided by the City, of this policy. The Contractor
shall allow the Customer three days to rescind the cancellation after the written
notification is provided.
3. Ownership: Notwithstanding any other provision of this Agreement, a
commercial generator of Recyclable Materials retains ownership of those
materials until he or she donates or sells, or contracts for the donation or sale
of those materials to another person or entity. Nothing in this Agreement shall
prevent a person or entity engaged in the business of recycling, whether for
profit or nonprofit, from accepting and transporting commercially generated,
source separated Recyclable Materials from such commercial generator.
Provided however, that such activities are subject to applicable state and local
public health and safety laws, and provided that the transporter must report
such information to the City as may be necessary for the documentation of
state mandated recycling or reduction goals.
D. Method of Payment: The City or its designee will be responsible for the billing and
collection of payments for Residential Recycling Collection Service. Payments from
the City to the Contractor will be due and paid no later than 30 days following
submission of an invoice from the Contractor. The initial collection rate per unit per
month shall be as set out in Exhibit I. This rate shall be adjusted in subsequent years in
accordance with Section 6 and Exhibit H.
The Contractor shall be responsible for billing and collection of payments for
Commercial Recycling Collection Service, not to exceed the rates as set out in Exhibit
I. The rates set out in Exhibit I shall be adjusted in subsequent years in accordance
with the Payment Adjustment Schedule (Exhibit Il). The Contractor shall provide no
more than five (5) free City Commercial recycling containers in the downtown area as
designated by the Contract Administrator.
E. Hours of Collection: Residential Recycling Collection Service shall be conducted
between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. Dwelling
Units receiving Containerized Residential Recycling Collection Service and
nonresidential collection sites located within 150 yards of residential uses shall be
considered residential collection (for purposes of establishing a start time) and shall
only be collected between the hours of 7:00 a.m. and 6:00 p.m. Monday through
Saturday. In the event of a dispute, the Contract Administrator shall determine the
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hours of collection.
F. Routes and Schedules: The Contractor shall provide and keep current with the
Contract Administrator or his designee, in a format acceptable to the Contract
Administrator, an up -to -date route schedule map for all Residential Recycling
Collection Service routes. The Contractor shall immediately notify the Contract
Administrator in writing of any change in any route schedule for approval by the
Contract Administrator three weeks prior to change. In the event of a permanent
change in a route or schedule that will alter the pick -up day, the Contractor shall
immediately notify the affected customer in writing or other method approved by the
Contract Administrator not less than two (2) weeks prior to the change, at no cost to
the City. Notification of day changes for Curbside Residential customers shall be by
door hanger, Container Residential and Commercial customers by flyer, unless
otherwise approved by the Contract Administrator, distributed by the Contractor at no
cost to the City and the customer. Notification includes any day changes to the
customer prior to the beginning of this Agreement on October 1, 2001. Notification to
Curbside customers shall be done twice - once two (2) weeks prior to the change and
once one (1) week prior to the change.
G. Replacement of Recycling Containers for Residential Dwelling Units:
The Contractor will replace at his expense any Container or Recycling
Container damaged through the fault or negligence of the Contractor or his
employees. Replacement Recycling Containers or Containers designated for
Recycling for Residential Dwelling Units will be provided by the City with the
cost deducted for replacement containers from the Contractor's monthly fees.
The Contractor shall replace the Recycling Container within five (5) business
days of request by the customer or the City.
2. The City, at its expense, will supply to the Contractor, for distribution to the
customer, replacement Recycling Containers or Containers that were originally
provided by the City and lost or damaged by the occupant of a Dwelling Unit.
The Contractor shall replace the Recycling Container or Containers within five
(5) business days of the request by the customer or the City.
The Contractor shall promptly deliver replacement Recycling Containers, or
Containers damaged by its employees, or when notified by the Contract
Administrator, or his designee, or the occupant of a Dwelling Unit where a
Recycling Container or Container is damaged or missing, and shall monthly
report all such replacements to the City. The Contractor shall also promptly
deliver Recycling Containers or Containers as requested by the City on behalf
of the residential customers for the purpose of excess Recyclable Materials or
for new residential customers within five (5) business days of the request by the
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customer or the City. The City is not responsible for any disposal shortfall.
H. Manner of Collection: The Contractor shall collect Recyclable Materials with as little
disturbance as possible and shall leave the Recycling Container or Container housing
Recyclable Materials at the same point it was collected. To be eligible for Curbside
Residential Recycling Collection Service, Recyclable Materials must be put in a
Recycling Container or paper bag and placed at the usual accessible pick -up location
for Curbside Residential Solid Waste Collection. All Recyclable Materials set out by
the customer that meet these criteria shall be collected. In the event the customer
places Solid Waste in the Recycling Container(s) or Container(s), the Contractor must
collect all Recyclable Materials and leave the Solid Waste in the Recycling Container(s)
or Container(s). The Contractor must then place a contamination sticker advising the
customer of the reason the Solid Waste was not picked up on the Recycling
Container(s) or Container(s).
L Material Recycling Facility: The Contractor shall deliver all Recyclable Materials
collected from the Service Area to the Delray Beach Transfer Station or a facility
designated, in writing, by the Contract Administrator.
J. Change in Scope of Recycling Collection Service: From time to time, at the sole
option of the City, it may be necessary to modify the scope of Recyclable Materials that
will be included in Recycling Collection Service. Should this occur, the City and the
Contractor agree to enter into good faith negotiations to amend this Agreement to
reflect the impact of any such modifications
6. CHARGES, RATES AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rate Adjustments: For all Collection
services, the charges shall be initially based on the rates established in Exhibit I, and as
subsequently adjusted pursuant to this Agreement. The Contractor shall receive an
annual adjustment in the Residential Solid Waste Collection Service, Residential
Recycling Collection Service, Commercial Solid Waste Collection Service and
Commercial Recycling Collection Service rates. The adjustment shall be made to the
combined category of Residential Solid Waste Collection Service and to Residential
Recycling Collection Service and, separately to the combined category of Commercial
Solid Waste Collection Service and Commercial Recycling Collection Service. At the
end of the first year, and each subsequent year, the collection portion of the rates in this
Agreement shall be adjusted solely on the Consumer Price Index ( "CPI ") not to exceed
3% in any one year. The adjustments shall be made as set out in Exhibit U.
The Contractor shall supply the City with such further information as may be
reasonably necessary. Annual rate adjustments shall be effective the following October
1, unless otherwise mutually determined by the City and the Contractor.
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B. City of Delray Beach Obligation - Billing, Collection, and Payments:
1. The City will be responsible for the billing and collection of payments for those
units included in the City's mandatory Residential Solid Waste Collection
Services and the Residential Recycling Collection Services programs. The City
shall make monthly payments in arrears to the Contractor for the Residential
Solid Waste Collection Service and Residential Recycling Collection Services
provided pursuant to this Contract. The Contractor shall be entitled to
payment for services rendered irrespective of whether or not the City collects
from customers for such service. Payments from the City to the Contractor
will be due and paid no later than 30 days following the submittal of an invoice
from the Contractor.
On or before October 1, and before commencement of work by the Contractor
under the terms of this Agreement, the City shall provide to the Contractor the
estimated total number of units to be serviced. Thereafter and for the duration
of this Agreement, the City shall promptly notify the Contractor of new
residential units to be served and/or deleted and payments will be adjusted
accordingly. New Dwelling Units, which are added for service during the
City's Fiscal Year, will be added to the customer service list and payment will
be rendered as invoiced in the Contractor's monthly payment. Payment will be
prorated based upon the day of Certificate of Occupancy and verification of the
beginning of actual service, whichever is later. The payments from the City to
the Contractor for units added by Certificate of Occupancy are paid as invoiced
by the Contractor.
2. The City reserves the right to correct any errors of omission or commission per
the laws and rules that govern the City. Upon determination of any
overpayment, the Contract Administrator will verify the error and make
appropriate adjustment to the Contractor's payment to correct the error.
C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs
shall be treated separately for the solid waste Collection services being provided
pursuant to this Contract. The Contractor's payments for Collection are set out in
Exhibit I. Residential and commercial solid waste disposal costs shall be separated
from residential and commercial collection service costs as shown in Exhibit I.
Residential disposal costs will be part of the special assessment billed by the Solid
Waste Authority except as otherwise provided in this Agreement. The Contractor will
be given a disposal credit for each residential unit as calculated in Exhibit I. The non-
assessed portion of the commercial disposal costs will be part of the service charge
billed by the Contractor. The Contractor shall pay the Solid Waste Authority for all
solid waste disposal costs incurred for disposing of all solid waste at the Delray
Transfer Station except for the portion of disposal costs which have been separately
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assessed by the Authority.
D. Extraordinary Rate Adjustment: The Contractor may petition the City at any time
for an additional rate adjustment on the basis of extraordinary and unusual changes in
the cost of operations that could not reasonably be foreseen by a prudent operator.
The Contractor's request shall contain substantial proof and justification to support the
need for the rate adjustment. The City may request from the Contractor, and the
Contractor shall provide, such further information as may be reasonably necessary in
making its determination. The City Commission may approve or deny the request, in
whole or in part, within sixty (60) days of receipt of the request and the receipt of all
other additional information required by the City.
E. Administrative Fee: To compensate the City for the cost of administration,
supervision, code enforcement activities, and inspection rendered for the effective
performance of this Agreement, as well as other costs related to Collection, the
Contractor shall pay to the City a monthly administrative fee of $35 per
residential unit or per Container for commercial customers.
F. Franchise Fee: To compensate the City for the exclusive right given to the Contractor
to service residential and commercial accounts, the Contractor shall pay to the City
a monthly franchise fee of 5% of collection costs per residential unit or per
Container for commercial customers.
G. Rollout Cart Replacement Fee: To compensate the City for the purchase and
replacement of residential rollout carts, all curbside residential and commercial
customers utilizing the City's rollout carts shall be charged a monthly fee of $.90.
The Contractor shall pay to the City any monthly fees for this purpose where the
Contractor is responsible for billing the Customer.
7. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste,
Commercial Recycling, Residential Solid Waste, Vegetative Waste and Residential Recyclable
Material or maintain office hours on Thanksgiving Day and Christmas Day. The Contractor
shall provide all services on New Year's Day. Residential Solid Waste, Recyclable Material
and Vegetative Waste not collected on Thanksgiving Day and Christmas Day shall be collected
on the next scheduled service day. The Contractor shall not be required to maintain office
hours on Labor Day, Independence Day, New Year's Day, Thanksgiving Day and Christmas
Day. However, on all holidays except Thanksgiving Day and Christmas Day, the Contractor
shall provide for operations personnel to accept calls from the City and the Contractor's
customers.
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8. SPECIAL SERVICES: Rates charged for Special Services may not exceed the special
service rates as listed in Exhibit I. In the event the requested special service is not included
within Exhibit I, the Contractor may negotiate with the customer for the rate. Upon failure of
the parties to reach an agreement on the rate, the Contract Administrator shall establish the
rate. The Contractor shall be responsible for billing and collection of payment for all Special
Services.
9. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with the Public
Awareness Program by distributing door hangers, stickers, flyers or other medium to
residential and commercial customers as requested by the City. Additionally, it is the
Contractor's responsibility to provide information about those customers who repeatedly do
not prepare or set out their Recyclable Material or solid waste as specified within this Contract
to the City.
The Commercial Recycling customer will also be notified by the City through the Contractor
about special commercial recycling events, workshops, educational forums, and symposiums
and other activities, as needed.
10. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste,
Vegetative Waste and Recyclable Materials and Commercial Solid Waste, Recycling and
Vegetative Waste with as little disturbance as possible and shall leave any receptacle at the
same point it was collected. Any Solid Waste Container or Recycling Container damaged by
the Contractor will be replaced by the Contractor within five (5) business days at no cost to the
customer, unless otherwise provided within this Agreement. The replacement must be similar
in style, material, quality and capacity. Throwing of any Garbage Can, Container or Recycling
Container is prohibited. The Contractor shall neatly re -place the Container, Recycling
Container and Garbage Can to the point of collection.
11. PERSONNEL OF THE CONTRACTOR:
A. Contractor shall assign a qualified person or persons to be in charge of the operations
within the service area and shall give the name(s) of the person(s) to the Contract
Administrator.
B. Contractor's solid waste collection employees shall wear a uniform or shirt bearing the
company's name during operations.
C. Each driver of a collection vehicle shall at all times carry a valid Florida driver's license
for the type of vehicle that is being driven.
D. Contractor's name and office telephone number shall be properly displayed on all solid
waste and recycling collection vehicles and Containers provided by the Contractor. All
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vehicles utilized for the collection of Recyclable Material shall be clearly identified for
that purpose.
E. The Contractor shall provide operating and safety training for all personnel.
F. Contractor's employees shall treat all customers in a polite and courteous manner.
G. The Contractor shall provide emergency contact numbers for all key personnel.
12. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises,
roadway or the right -of -way wherein the collection shall occur. During hauling, all solid waste,
vegetative waste and recyclable material shall be contained, tied, or enclosed so that leaking,
spilling and blowing is prevented. In the event of any spillage or leakage by the Contractor, for
any reason or source, the Contractor shall clean up all spillage and leakage at no cost to
the City or the customer within two (2) hours unless otherwise specified within this
Agreement.
13. SOLID WASTE AND MATERIAL RECYCLING FACIII'IES: All Residential Solid
Waste, Commercial Solid Waste, Vegetative Waste and Recyclable Material shall be hauled to
the Delray Beach Transfer Station. In the event this facility is closed for maintenance, the
Contractor shall take the solid waste, Vegetative Waste and Recyclable Materials to another
Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to the designated facility contains
more than 3.5 %, by weight of the total load, material which is not Recyclable Material or that
there is more than 3.5% paper products within the other commingled Recyclable Material or
visa versa, the Solid Waste Authority has the right to reject the load and to charge the
Contractor the full disposal fee for each ton within the load. The Contractor may pass this cost
through to a commercial customer in the event that the Contractor can prove that the customer
caused the contamination to the satisfaction of the customer. In no event will this cost be
passed on to the City. In the event of a dispute, the Contract Administrator will determine
whether the Contractor or the customer will absorb the disposal fee. It is the responsibility of
the Contractor to notify the City of any customer who has on more than three occasions
contaminated the Recyclable Materials.
14. COLLECTION EQUIPMENT: The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to adequately and efficiently
perform the contractual duties specified in this Agreement. Upon execution of this Agreement
and semi - annually thereafter, the Contractor shall provide in a format specified by the Contract
Administrator a list of the equipment to be used by the Contractor to provide services relating
to this Agreement. Solid Waste collection equipment shall be of the enclosed loader packer
type, or other equipment that meets industry standards and is approved by the Contract
Administrator, unless otherwise provided within this Agreement. All Equipment shall be kept
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in good repair, appearance and in a sanitary, clean condition at all times. Recycling Materials
collection equipment shall be a dual compartment equipment (one compartment for paper
products; one compartment for other Recyclable Material), separate trucks or other equipment
that meets industry standards and is approved by the Contract Administrator, and must be
compatible for unloading at the designated MRF or transfer station. In the event a compacting
vehicle is used for the collection of Recyclable Materials, compaction pressure may not exceed
50 pounds per square inch for the commingled non -paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly
identified for that purpose. The Contractor shall have available reserve equipment that can be
put into service within two (2) hours of any breakdown. Such reserve equipment shall
correspond in size and capacity to the equipment used by the Contractor to perform the
contractual duties.
15. VEGETATIVE WASTE: All Vegetative Waste shall be collected separately from Residential
Solid Waste, Commercial Solid Waste and Recyclable Materials. All grass clippings, leaves,
pine needles or other similar loose waste shall be bagged or containerized, otherwise,
Vegetative Waste must be no more than six (6) feet in length, with the exception of palm
fronds and Christmas trees, and under 50 pounds per piece and placed neatly at the curb.
16. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL
WASTE AND SLUDGE: The Contractor shall not be required to collect and dispose of
Hazardous Waste, Biohazardous or Biomedical Waste, or Sludge, but may offer such service
in the Service Area. All such collection and disposal for those types of waste in this Section are
not regulated or exclusive under this Agreement, but if provided by the Contractor shall be in
strict compliance with all federal, state and local laws and regulations.
17. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm
Beach County where complaints shall be received. It shall be equipped with sufficient
telephones, with no less than two phone lines, and shall have responsible persons in charge
during collection hours and shall be open during normal business hours, 8:00 a.m. to 5:00 p.m.,
Monday through Friday. The Contractor shall provide a fax machine and computer to receive
complaints from the City. The Contractor shall provide an answering machine during non-
office hours for customer requests and questions to be responded to during the following
business day. The Contractor shall provide a contact person for the City to reach during all
non -office hours. The contact person must have the ability to authorize Contractor operation
in the case of City direction or situations requiring immediate attention. An Equipment Yard
must be established within Palm Beach County. Equipment Yard means a real property
location that shall be utilized by the Contractor for the storage and keeping of all equipment
needed by the Contractor to provide all services under this Agreement in the Service Area.
18. COMPLAINTS: All service complaints shall be directed to the Contract Administrator, or
designee. The complaint will be forwarded to the Contractor by telephone, computer or
electronic media at least daily where it shall be recorded on a complaint log by the Contractor.
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The complaint shall be resolved within twenty -four (24) hours after it is received by the
Contractor. When the complaint is received on a Saturday or the day preceding Thanksgiving
Day and Christmas Day, it shall be resolved by the Contractor no later than the next regular
working day. If a complaint cannot be resolved within twenty -four (24) hours, the Contract
Administrator shall be notified. Complaints received by Contractor from the public shall be
forwarded to the Contract Administrator within four (4) hours.
The Contractor shall designate one (1) person to be in the City each day to receive complaints
from the Contract Administrator. The Contractor shall provide the Contract Administrator or
his designated agency with a full written explanation of the disposition of any complaint
involving a claim of damage to private or public property as a result of actions of the
Contractor's employees, agent, or sub - contractors. Any damage shall be repaired within seven
(7) business days.
19. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement
to ensure that the Contractor provides a quality level of solid waste and recycling Collection
services. To this end, all complaints received by the Contact Administrator, or his designee,
and reported to the Contractor shall be promptly resolved pursuant to the provisions of Section
18 of this Agreement. Complaints shall not include customer informational requests or
Recycling Container requests. A complaint not resolved within 24 hours, unless otherwise
provided in this Agreement, shall count as two complaints. In the event complaints received by
curbside customers exceed any of the following percentage(s):
Complaint Type Annual % Monthly%
Garbage, Trash and Damage 4% 0.5%
Recycling 2% 0.25%
Vegetation 2.5% 0.35%
of the residential curbside and rear -door customers within the Service Area served by the
Contractor during any City fiscal year, the Contract Administrator shall levy $100.00 per
incident administrative charges for those actions related to service as listed within this
Agreement including:
1. Commingling solid waste with Vegetative Waste and/or Recyclable Materials
2. Throwing of garbage cans or recycling containers
3. Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule
4. Failure to replace Garbage Cans, Containers and Recycling Containers to the point of
collection
The Contract Administrator may also levy administrative charges for all other infractions of this
Agreement at $100.00 per day per incident without regard to the percentage of customer
complaints including:
1. Failure to provide clean, safe, sanitary equipment
2. Failure to maintain office hours as required
3. Operator not licensed
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4. Failure to provide documents and reports in a timely and accurate manner
5. Damaged container not replaced within five business days (48 hours for residential)
6. Failure to clean spillage other than the cleanup required by the Palm Beach County
Health Department, as provided below
7. Failure to repair damage of Customer property
8. Failure to cover materials on collection vehicle(s)
9. Collection employees out of uniform
10. Name and phone number, and if applicable, size not displayed on equipment or
Containers
11. Providing exclusively prohibited service in another Contractor's area, without prior
authorization by the Contract Administrator.
12. Not providing schedules and route maps
13. Speeding, upon conviction
14. Using improper truck to service commercial or residential customer
15. Failure to submit disclosure notice to either customer or Contract Administrator
16. Failure to report recycling activity monthly (on or before the 10th day of the following
month), in the format determined by the City, for the purpose of tracking and verifying
countywide recycling activity
17. Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule
for any customer who has been missed more than three times per Fiscal Year
18. Failure to respond to customer calls, including commercial recycling and solid waste
collection service customers, and residential containerized residential solid waste and
recycling collection service customers, in a timely and appropriate manner
19. Failure to place a contamination sticker in Recycling Containers, as necessary
20. Failure to replace or provide Containers or Recycling Container(s) within five (5)
business days.
21. Failure to repair damage to property, resulting from Contractor's (including agents,
employees or subcontractors) equipment failure or negligence, within seven (7)
business days.
Changing routes without proper notification will result in a $2000.00 fine per incident.
Failure to clean up spillage of any substance required to be cleaned up by and in accordance
with the Palm Beach County Health Department will result in a $2,500.00 fine per day, per
incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste or Recyclable
Materials to the Delray Transfer Station or another facility directed by the Contract
Administrator will result in the following penalties:
1. First offense, $1,000.00 fine
2. Second offense, $2,500.00 fine
3. Third offense, loss of franchise
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Failure to complete, either partially or totally, a route on the regular scheduled pick -up day
shall be $1,000 for each route per day not completed.
For the purpose of this Section, the Contract Administrator may deduct any charges from
payments due or to become due to the Contractor. In the event the Contractor fails to repair
damages as a result of the Contractor's equipment failure or negligence within the time
provided within this Agreement, the Contract Administrator may arrange for the repairs and
assess the Contractor for the cost of the repairs and any applicable administrative charges. The
Contract Administrator may assess administrative charges pursuant to this Section on a
monthly basis in connection with this Agreement and shall, at the end of each month during the
term of this Agreement, notify the Contractor and the City, in writing, of the charges assessed
and the basis for each assessment. In the event the Contractor wishes to contest such
assessment it shall, within five (5) days after receiving such monthly notice, request in writing
an opportunity to be heard by the City Manager and present its defense to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to Contractor's
claims and the decision of the City Manager will be final.
A. Filing of Requested Information and Documents:
In addition to any other requirements of this Agreement, the Contractor shall
be required to file pertinent statistical and aggregate cost information pertaining
to solid waste collection and recycling collection services that is requested by
the City. The results of all recycling activity conducted by the Contractor in
the Service Areas during each month, whether residential or commercial, shall
be reported accurately to the City, in a format and with such dates as specified
by the City, on or before the 10th day of the following month.
2. The Contractor shall file and keep current with the City all documents and
reports required by this Agreement. By September 1 st of each year this
Agreement is in effect, the Contractor shall ensure and certify to the City that
all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, route schedule and maps, drivers
license certifications, and list of collection equipment vehicles, are current and
on file with the City. Route maps shall be provided in a format as provided by
the City. Failure to file any document or report within five (5) working days of
the required filing date, except where granted an extension by the Contract
Administrator, may result in the levy of an administrative fine as provided in
Section 19.
20. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural
disaster, the Contract Administrator may grant the Contractor a variance from regular routes
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and schedules. As soon as practicable after such natural disaster, the Contractor shall advise
the Contract Administrator when it is anticipated that normal routes and schedules will be
resumed. The Contract Administrator shall make an effort through the local news media to
inform the public when regular services may be resumed. The cleanup from some natural
disasters may require that the Contractor hire additional equipment, employ additional
personnel, or work existing personnel on overtime hours to clean debris resulting from the
natural disaster. The Contractor shall receive extra compensation above the normal
compensation contained in this Agreement to cover the costs to at least include rental
equipment, additional personnel, overtime hours, and other documented expenses provided the
Contractor has first secured written authorization and approval from the Contract
Administrator prior to the work being performed. All such costs shall be audited by the City's
Contract Administrator and Finance Director prior to payment.
21. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be
considered to be in default of this Agreement if delays in or failure of performance shall be due
to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-
performing party could not avoid.
Neither party shall, however, be excused from performance if non - performance is due to forces
that are preventable, removable, or remediable if the non - performing party could have, with the
exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch.
The non - performing party shall, within a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations
of this Agreement.
22. PERMITS AND LICENSES: The Contractor shall obtain, at their own expense, all permits
and licenses required by law or ordinance and maintain the same in full force and effect. Any
changes of the licenses or permits shall be reported to the City within ten (10) working days of
the change.
23. PERFORMANCE BOND: The Contractor shall furnish to the City a performance bond,
executed by a surety company licensed to do business in the State of Florida, and/or a clean
irrevocable letter of credit issued by a bank within Palm Beach County to ensure the faithful
performance of this Agreement and all obligations arising hereunder in the appropriate amount
determined in accordance with Exhibit III. The clean irrevocable letter of credit or bond
provided hereunder may be substituted for the other upon approval by the City. The form of
this bond or letter of credit, and the Surety Company, shall be acceptable to the City Attorney
and the Contract Administrator and shall be maintained during the term of this Agreement as
provided in Section 1. The bond(s) shall be endorsed to show the City, a political subdivision
of the State of Florida, to provide that bonds shall not be canceled, limited or non - renewed
until after thirty (30) days written notice has been given to the City. Current performance bonds
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evidencing required coverage must be on file at all times.
24. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable
Local, State and Federal laws relating to wages, hours, overtime and all other applicable laws
relating to the employment or protection of employees, now or hereinafter in effect.
25. INSURANCE:
A. Worker's Compensation Insurance: Worker's Compensation coverage must be
maintained in accordance with statutory requirements as well as Employer's Liability
Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by
disease and $500,000.00 aggregate by disease.
B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any
extensions hereof maintain in full force and effect commercial general liability insurance
policy and automobile liability insurance policy, which specifically covers all exposures
incident to the Contractor's operations under this contract. Such insurance shall be
with a company acceptable to the City and each policy shall be in an amount of not less
than $1,000,000.00 Combined Single Limit for personal bodily injury, including death,
and property damage liability and the general liability shall include but not be limited to
coverage for Premises/Operations, Products/Completed Operations, Contractual, to
support the Contractor's Agreement or indemnity and Fire Legal Liability. In addition
to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella
and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a
municipal corporation in the State of Florida, as an additional insured as its interests
may appear: and shall also provide that insurance shall not be canceled, limited or
non - renewed until after thirty (30) days' written notice has been given to the City.
Current certificates of insurance evidencing required coverage must be on file with the
City at all times. Contractor expressly understands and agrees that any insurance
protection furnished by Contractor shall in no way limit its responsibility to indemnify
and save harmless City under the provisions of Section 26 of this Agreement.
26. INDEMNIFICATION: The Contractor will hold the City harmless from any and all
liabilities, losses or damages the City may suffer as a result of claims, demands, costs or
judgments against the City arising out of the wrongful acts or omission of the Contractor or its
employees. Said liabilities, losses, damages, claims, demands, costs or judgment arise directly
out of the matters that are the subject of this Agreement and the work to be performed thereby.
The Contractor shall not be responsible for nor be required to indemnify or hold the City
harmless for any act, omission, negligence or other liability to the extent caused by the act or
omission and caused by the sole negligence of the City or any one of its employees or agents.
27. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate
records of the solid waste collection and/or recycling services during the Fiscal Year and for
- 31 -
one year following the end of each Fiscal Year of the Contract. The Authority or its designee
shall have the right to review all records maintained by the Contractor upon 24 hours written
notice.
28. POINT OF CONTACT: Any dealing, contact, notice etc. shall be directed by the Contractor
to the Contract Administrator.
29. NOTICE: Any notice, demand, communication, or request required or permitted hereunder
shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Delray Beach
100 NW 0 Avenue
Delray Beach, Florida 33444
Attention: Contract Administrator, Code Enforcement
As to the Contractor:
BFI Waste Systems of North America, Inc.
1475 S.W. 4th Avenue
Delray Beach, FL 33444
Notices shall be effective when received at the address as specified above. Changes in the
respective address to which such notice is to be directed may be made from time to time by
written notice. Facsimile transmission is acceptable notice effective when received, however,
facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will
be deemed received on the next business day. The original of the notice must additionally be
mailed as required herein.
30. DEFAULT OF CONTRACT:
A. The City may cancel this Agreement, except as otherwise provided below in this
section, by giving Contractor thirty (30) days advance written notice, to be served as
hereafter provided, upon the happening of any one of the following events:
Contractor shall take the benefit of any present or future insolvency statute, or
shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy or a petition or answer seeking an arrangement for its
reorganization or the re- adjustment of its indebtedness under the Federal
bankruptcy laws or under any other law or state of the United States or any
state thereof, or consent to the appointment of a receiver, trustee or liquidator
- 32 -
of all or substantially all of its property; or
2. By order or decree of a Court, Contractor shall be adjudged bankrupt or an
order shall be made approving a petition filed by any of its creditors or by any
of the stockholders of the Contractor, seeking its reorganization or the
readjustment of its indebtedness under the Federal bankruptcy laws or under
any law or statute of the United States or of any state thereof, provided that if
any such judgment or order is stayed or vacated within sixty (60) days after the
entry thereof, any notice of cancellation shall be and become null, void and of
no effect; unless such stayed judgment or order is reinstated in which case, said
default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule or
any order or decree of any Court or governmental board, agency or officer
having jurisdiction, a receiver, trustee or liquidator shall take possession or
control of all or substantially all of the property of the Contractor, and such
possession or control shall continue in effect for a period of sixty (60) days; or
4. The Contractor has defaulted, by failing or refusing to perform or observe the
terms, conditions or covenants in this Agreement or any of the rules and
regulations promulgated by the City pursuant thereto or has wrongfully failed
or refused to comply with the instructions of the Contract Administrator
relative thereto, whether such default is considered minor or major, and said
default is not cured within thirty (30) days of receipt of written notice by City
to do so, or if by reason of the nature of such default, the same cannot be
remedied within thirty (30) days following receipt by Contractor of written
demand from City to do so, Contractor fails to commence the remedy of such
default within said thirty (30) days following such written notice or having so
commenced shall fail thereafter to continue with diligence the curing thereof
(with Contractor having the burden of proof to demonstrate [a] that the default
cannot be cured within thirty [30] days, and [b] that it is proceeding with
diligence to cure said default, and such default will be cured within a reasonable
period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of
Contractor to provide collection service for a period of five (5) consecutive scheduled
working days, the City may secure the Contractor's billing records (at the request of the
City, the Contractor shall provide such records) on the sixth working day in order to
provide interim Contract collection services until such time as the matter is resolved
and the Contractor is again able to perform pursuant to this Agreement; provided,
however, if the Contractor is unable for any reason or cause to resume performance at
the end of thirty (30) working days all liability of the City under this Agreement to the
Contractor shall cease and this Agreement may be deemed immediately terminated by
- 33 -
the City.
C. Notwithstanding the foregoing and as supplemental and additional means of
termination of this Agreement under this Section, in the event that Contractor's record
of performance shows that Contractor has frequently, regularly or repetitively defaulted
in the performance of any of the covenants and conditions required herein to be kept
and performed by Contractor, in the opinion of City and regardless of whether
Contractor has corrected each individual condition of default, Contractor shall be
deemed a "habitual violator ", shall forfeit the right to any further notice or grace period
to correct, and all of said defaults shall be considered cumulative and collectively, shall
constitute a condition of irredeemable default. The City shall thereupon issue
Contractor final warning citing the circumstances therefore, and any single default by
Contractor of whatever nature, subsequent to the occurrence of the last of said
cumulative defaults, shall be grounds for immediate termination of this Agreement. In
the event of any such subsequent default, City may terminate this Agreement upon the
giving of written Final Notice to Contractor, such cancellation to be effective upon the
fifteenth consecutive calendar day following the date of Final Notice, and all
contractual fees due hereunder plus any and all charges and interest shall be payable to
said date, and Contractor shall have no further rights hereunder. Immediately upon
receipt of said Final Notice, Contractor shall proceed to cease any further performance
under this Agreement.
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above
and except as otherwise provided in said paragraphs, termination shall be effective
upon the date specified in City's written notice to Contractor and upon said date this
Agreement shall be deemed immediately terminated and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City
shall have the right to call the performance bond and shall be free to negotiate with
other Contractors for the operation of the herein specified services. The Contractor for
failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service.
31. PUBLIC WELFARE: The City shall have the power to make changes in, or to impose new
and reasonable rules and regulations on, the Contractor under this Agreement relative to the
method of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste or
Recyclable Materials as shall from time to time be necessary and desirable for the public
welfare. Provided, however, that any such rule or regulation shall be delivered to and receipted
for by the Contractor, or if the Contractor is a corporation, by an officer thereof. The City
shall give the Contractor reasonable notice of any proposed change and an opportunity to be
heard concerning those matters. The method of collection and disposal of solid waste and
recyclables set out herein shall also be liberally construed to include, but not limited to, the
manner, procedures, operations and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation
- 34 -
and Agreement between the City and the Contractor for any additional services or other
obligations required of the Contractor due to any modification in the Agreement under this
Section.
32. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require
performance by the Contractor of any provisions hereof shall in no way affect the right of the
City thereafter to enforce the same. Nor shall waiver by the City of any breach of any
provisions hereof be taken or held to be waived of any succeeding breach of such provisions or
as a waiver of any provision itself.
33. TITLE TO WASTE: The City shall at all times hold title and ownership to all Commercial
and Residential Solid Waste, Vegetative Waste, Trash, Recyclable Material and all other waste
collected by the Contractor pursuant to this Agreement and the Contractor shall have no right
to take, keep, process, alter, remove or otherwise dispose of any such materials without
specific written authorization from the Contract Administrator.
34. GOVERNING LAW AND VENUE: The laws of the State of Florida shall govern this
Agreement. Any and all legal action necessary to enforce the Agreement will be held in Palm
Beach County and the Agreement will be interpreted according to the laws of Florida.
35. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this
Agreement in compliance with all applicable laws.
36. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this
Agreement, or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way affect the validity or enforceability of any other portion or
provision of the Agreement. Any void provision shall be deemed severed from the Agreement
and the balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to reform
the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision. The provisions of this section shall not prevent
the entire Agreement from being void should a provision, which is of the essence of the
Agreement, be determined to be void.
37. ASSIGNMENT AND SUBLETTING: No assignment of this Agreement or any right
occurring under this Agreement shall be made in whole or part by the Contractor without the
express written consent of the City. The City shall have full discretion to approve or deny, with
or without cause, any proposed assignment or assignment by the Contractor. Any assignment
of this Agreement made by the Contractor without the express written consent of the City shall
be null and void and shall be grounds for the City to declare a default of this Agreement and
immediately terminate this Agreement by giving written notice to the Contractor, and upon the
date of such notice this Agreement shall be deemed immediately terminated, and upon such
termination all liability of the City under this Agreement to the Contractor shall cease, and City
- 35 -
shall have the right to call the performance bond and shall be free to negotiate with other
contractors or any other person or company for the service of the franchise area which is the
subject of this Agreement. In the event of any assignment, assignee shall fully assume all the
liabilities of the Contractor.
For purposes of this section a parent subsidiary or holding company shall mean any person,
corporation or company holding, owning or in control of more than 10% stock or financial
interest of another person, corporation or company.
38. MODIFICATION: This Agreement constitutes the entire contract and understanding
between the parties hereto, and it shall not be considered modified, altered, changed, or
amended in any respect unless in writing and signed by the parties hereto. Such modification
shall be in the form of an Amendment executed by both parties.
39. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein
contained is intended or should be construed as in any way establishing the relationship of
co- partners between the parties hereto, or as constituting the Contractor as the agent,
representative or employee of the City for any purpose whatsoever. The Contractor is to be
and shall remain an independent contractor with respect to all services performed under this
Agreement.
40. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to
this Contract due to municipal annexation or contraction will be as provided by Florida
Statutes Section 171.062, as amended, or its successor.
41. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time
to time has made comprehensive changes in Solid Waste Management legislation and that these
and other changes in law in the future, whether federal, state or local, which mandate certain
actions or programs for counties or municipalities may require changes or modifications in
some of the terms, conditions or obligations under this Agreement. Nothing contained in this
Agreement shall require any party to perform any act or function contrary to law.
To the extent that any law effective after the opening and awarding of bids for this Agreement
is in conflict with, or requires changes in, the provisions of collection service or exclusive rights
set out in this Agreement, the parties agree to enter into good -faith negotiations for the
resolution of any such changes in this Agreement as a result of change in law.
42. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the
Franchise Agreement including penalty clauses for any performance quality problems.
43. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the
Department of General Services "convicted vendor" list. This list is defined as consisting of
persons and affiliates who are disqualified from public contracting and purchasing process
- 36 -
because they have been found guilty of a public entity crime. The Contractor is required to
comply with Florida Statutes Section 287.133, as amended, or its successor.
44. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials
disposed of by the customer, provided the materials are prepared and placed within substantial
compliance with the guidelines as set forth herein. Any clarification as to the standards of
substantial compliance shall be determined by the Contract Administrator.
45. INCORPORATE BID CONDITIONS: The General Terms and Conditions and the Special
Terms and Conditions presented in the original bid package are hereby made part of this
Agreement as additional conditions.
- 37 -
In Witness Whereof, the City of Delray Beach, at a regular meeting thereof, by action of the City
Commission authorizing and directing the foregoing be adopted, has caused these presents to be signed
by the City Manager, and the City's seal to be hereunto affixed, and BFI Waste Systems of has
executed this Agreement all as of the day and year first above written. North America, Inc .
CITY OF DELRAY BEACH
ATTEST:
&4 &,&,— —
City Clerk
Approved as to Form and Legal Sufficiency:
By_ r�-- -.1� -�
Attest:
City Attorney
By: .
David W. Schmidt, Mayor
(Seal)
CONTRAI
By:
Co orate Secretary
Witness- ,il Name: OVIC466 1W;11VC4WL.-
I. Title: OPWP;-P-41-,
2. Je
Approved by City Convnission on 2001, Item
- 38 -
-al)
If identical tie bids exist, preference will be given to the vendors who submit a certification with
their bid certifying they have a drug -free workplace in accordance with Section 287.087, Florida
Statutes. The drug -free workplace preference is applied as follows:
IDENTICAL TIE BIDS: Preference shall be given to businesses with drug -free workplace
programs. Whenever two or more bids, which are equal with respect to price, quality, and
service, are received by the State or any political subdivision for the procurement of commodities
or contractual services, a bid received from a business that certifies that it has implemented a
drug -free workplace program shall be given preference in the award process. Established
procedures for processing tie bids will be followed if none of the tied vendors have a drug -free
workplace program.
As the person authorized to sign this statement, I certify that this firm complies fully with the
following requirements:
1. This firm publishes a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. This firm informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. This firm gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1.).
4. In the statement specified in subsection (1), this firm notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, they will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than
five (5) days after such conviction.
5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, by any
employee who is so convicted.
6. This firm will continue to make a good faith effort to maintain rug -free workplac thro h
implementation of this section.
rC r WA-S7Z� S ys7rmS Or
Contractor's Name Signature
DFW -1
Exhibit
Wl� 13 (D
WEIBLE I CAHILL & FORKER LLC
1995 Powis ROAD
WEST CHICAGO, ILLINOIS 60185
September 12, 2001
Mr. Richard Wurst
The Beacon Group
6001 Broken Sound Parkway Northwest
Suite 500
Boca Raton, FL 33487
PHONE 630.762.0500
FAx 630.762.0600
RE: PERFORMANCE BOND FOR CITY OF DELRAY BEACH
Dear Richard:
Enclosed please find the bond needing FL agent signature. Please
sign the bond on all areas indicated.
Please priority overnight the original bond to:
Sally Stanton
BFI Waste Systems of North America, Inc.
1475 S.W. 4th Avenue
Delray Beach, FL 33444
561- 278 -1443 ext. 413
Our Fed -X account number is 1274 - 0893 -9
Please fax a copy of the signed performance bond to us at
(630)762 -0819. Thank you for your assistance in thisH
Sincerely,
WEIBLE / CAHILL & FORKER, LLC
CL
Theresa A. Snow, CIC, AIM
Encl.
CC: Sally Stanton Via Fax #561 - 279 -9614
\
WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto
attached with the OWNER, dated Sol"be - /q , 49ry00 1 to furnish at his own cost,
charges, and expense all the necessary materials, equipment, and/or labor in strict and express
accordance with said Contract and the Plans, Drawings, and Specifications prepared by the
Owner's, all of which is made a part of said Contract by certain terms and conditions in said
Contract more particularly mentioned, which Contract, consisting of the various Contract
Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully
and completely as if said Contract Documents were set forth herein, for a project entitled as:
CITY OF DELRAY BEACH SOLED WASTE COLLECTION SERVICES
NOW, THEREFORE, the conditions of this obligation are such that if the above bounden
CONTRACTOR shall in all respects fully, promptly, and faithfully comply with the terms and
conditions of said Contract Documents (which include the Plans, Drawings, Specification, and
conditions as prepared by said CONSULTANT, Advertisement for Bids, Instructions to Bidders,
the CONTRACTOR'S bid as accepted by the above OWNER, the Bid and Contract Performance
and Payment Bonds, all Addenda, if any, issued prior to the opening of bids and change orders),
and shall indemnify and save harmless above OWNER against and from all costs, expenses,
damages, including but not limited to damages for delay due to contractors default, attorney's
PB -1
Exhibit
FLORIDA COMMON LAW PERFORMANCE BOND
BOND NO.: 929213538
o°
AMOUNT: $2,900,000.00
Ln
v
KNOW ALL MEN BY THESE PRESENTS, that BFI Waste Systems of North America. Inc.
of Delaware hereinafter called the CONTRACTOR (Principal),
whose principal address and phone number is 4755 W_ 4th Ave_ Delray Reach, FT. 33444
v
954 - 473 -9272 and National Fire Insurance Company of Hartfard, a
duly organized corporation, nationally recognized surety company licensed and/or registered to
w
engage in the surety business in the State of Florida and enter into agreements of surety with a
o
Z
resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties,
Florida, the principal address and phone number of which is
P^
and , and existing under and by virtue of the laws of the
o
P4
� State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray
or.
M Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 NW
a
P o
a First Avenue, Delray Beach, Florida 33444, (561) 243 -7000, in the sum of
bo 4J
W �
U v)
a a
w
a, Two Million Nine Hundred Thousand and 00 /100 Dollars ($ 2,900,000.00 ),
a �
ou x
o 'lawful money of the United States of America, for the payment of which, well and truly be made
r
Ito the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs,
0
",executors, administrators, successors, and assigns, jointly and severally, firmly by these presents
.c o
H o
u '
o % as follows:
%0Pq
L,
1
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
J
WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto
attached with the OWNER, dated Sol"be - /q , 49ry00 1 to furnish at his own cost,
charges, and expense all the necessary materials, equipment, and/or labor in strict and express
accordance with said Contract and the Plans, Drawings, and Specifications prepared by the
Owner's, all of which is made a part of said Contract by certain terms and conditions in said
Contract more particularly mentioned, which Contract, consisting of the various Contract
Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully
and completely as if said Contract Documents were set forth herein, for a project entitled as:
CITY OF DELRAY BEACH SOLED WASTE COLLECTION SERVICES
NOW, THEREFORE, the conditions of this obligation are such that if the above bounden
CONTRACTOR shall in all respects fully, promptly, and faithfully comply with the terms and
conditions of said Contract Documents (which include the Plans, Drawings, Specification, and
conditions as prepared by said CONSULTANT, Advertisement for Bids, Instructions to Bidders,
the CONTRACTOR'S bid as accepted by the above OWNER, the Bid and Contract Performance
and Payment Bonds, all Addenda, if any, issued prior to the opening of bids and change orders),
and shall indemnify and save harmless above OWNER against and from all costs, expenses,
damages, including but not limited to damages for delay due to contractors default, attorney's
PB -1
Exhibit
fees, including appellate proceedings, injury, or loss of which said OWNER may be subject by
reason of any wrongdoing, misconduct, want of care or skill, negligence, failure to petition within
the prescribed time, delay or default, including patent infringements, on the part of said
CONTRACTOR, his agents, or employees, in the execution or performance of said CONTRACT;
then this obligation shall be void; otherwise, to remain in full force and effect for the term of said
Contract, including any and all guarantee periods as specifically mentioned in said Contract
Documents;
AND, the said Surety for value received, hereby stipulates and agrees that no change involving
any extension of time, or addition to the terms of the Contract or to the work to be performed, or
materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying
the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does
hereby waive notice of any such changes, extension of time, alterations, or additions of the terms
of the Contract, or to the work, or to the Drawings and Specifications or any other changes,
compliance or noncompliance to the terms of the Contract as to the work or to the Specification.
The Surety shall be responsible for delay damages due to Contractors default and consequential
damages for Surety's failure to fulfill its responsibilities as set forth herein.
Any suit under this bond must be instituted within five years from the date the cause of action
accrued.
IN WITNESS WHEREOF, the above arties bounded together have executed this instrument in
five (5) original counterparts this day of s, V/onber- , 3VZdD/ the
name and corporate seal of each corporate party being hereto affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
CONTRACTOR (PRINCIPAL)
BFI Wagte RVgtemc of North America, Tnc.
(F' Name)
B
aem (Signature)
"ttest Theresa A Snnw, Pcupr of Attnrnay
IplctwJ S OV-P.ST (Print or type)
60RIDA JCMDcA i A4PJl (Seal)
PB -2
Exhibit
ATTEST:
Approved as to form:
National Fire Insurance Company of Hartford
Surety
By &-J (SEAL)
Phyllis toyd, Attorney 'n -Fact
Date --9
X)Nx City Attorney
CORPORATE ACKNOWLEDGEMENT
STATE OF Illinois
COUN'T'Y OF nupa,se
The foregoing instrument was acknowledged before me this 6th day of September
by Patrice L. Laughlin
(name of officer or agent, title of officer or agent), of Weible, Cahill & Forker, LLC
(name of corporation acknowledging), a
an Illinois Limited Liability (state or place of incorporation) corporation, on behalf of the
Compan
corporation. He /She is (personally known to me) (or has produced identification)
take an oath.
(type of identification) (as identification) and (did/did not)
JkLxx-t, V- 4za�
Signature of Person Taking
Acknowledgment
Patrice L. Laughlin
Name of Acknowledger Typed,
Printed or Stamped
PB -3
Exhibit
CPATF"OFFICIAL SE-AV
1— LAUGHLIN
410E
ary Publ c7 State of Illinois
Caib�lf'ilt8itioit Exits 09/99/04
FLORIDA PAYMENT BOND
AMOUNT: $2,900,000.00
KNOW ALL MEN BY THESE PRESENTS, thal3Fl Waste Systems of North America, Inc.
of Delaware hereinafter called the CONTRACTOR (Principal),
whose principal address and phone number is 1475 ;-W- 4th Ave- Delray RParh, FT. 1 ,1444
954 - 473 -9272 and National Fire Insurance Company of Hartford
a duly organized corporation, nationally recognized surety company licensed and/or registered to
engage in the surety business in the State of Florida and enter into agreements of surety with a
resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties,
Florida, the principal address and phone number of which
is
and , and existing under and by virtue of the laws of the
State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray
Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 N.W.
First Avenue, Delray Beach, Florida 33444, (561) 243 -7000, in the sum of
Two Million Nine Hundred Thousand and 00 /100 Dollars ($2,900,000.00 ),
lawful money of the United States of America, for the payment of which, well and truly be made
to the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly by these presents
as follows:
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT:
WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto
attached with the OWNER, dated _W &embcr /9 , Wgwito furnish at his own cost,
charges, and expense all the necessary materials, equipment, and/or labor in strict and express
accordance with said Contract and the Plans, Drawings, and Specifications prepared by the
Owner's, all of which is made a part of said Contract by certain terms and conditions in said
Contract more particularly mentioned, which Contract, consisting of the various Contract
Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully
and completely as if said Contract Documents were set forth herein, for a project entitled as:
CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES
Project Description, including a general description of the project and the project address:
RESIDENTIAL AND COMMERCIAL SOLID WASTE, VEGETATIVE WASTE AND
RECYCLING COLLECTION SERVICES.
PYB -1
NOW, THEREFORE, the conditions of this obligation are such that if the above - bounden
CONTRACTOR shall promptly make payments to all persons supplying materials, equipment,
and /or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of
the work provided for in said Contract in accordance with Sections 255.05 or 713.23, Florida
Statutes; then this obligation shall be null and void and of no further force and effect, otherwise to
remain in full force and effect;
AND, the said Surety for value received, hereby stipulates and agrees that no change involving
any extension of time, or addition to the terms of the Contract or to the work to be performed, or
materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying
the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does
hereby waive notice of any such changes, extension of time, alterations, or additions of the terms
of the Contract, or to the work, or to the Drawings and Specifications or any other changes,
compliance or noncompliance to the terms of the Contract as to the work or to the Specifications.
Claimant shall give written notice to the Contractor and to the Surety as required by Sections
255.05 or 713.23, Florida Statutes. Any actions against the Contractor or the Surety shall be
brought within the time specified by Sections 255.05 or 713.23, Florida Statutes.
IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in
five (5) original counterparts this _1&. day of �'�(�� 4%J2-w / the
name and corporate seal of each corporate party being hereto affixed and those presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
CONTRACTOR
BET Waste Systems of North America Inc
Firm ame
By
Signature Theresa A Snow, Power of Attorney
'I Theresa A. Snow
Attest S ��1►�2Sr (Type or print)
FLoi2tzhlit e sobvJr AGaii
(Seal)
PYB -2
Attest Ll S . L,.1 wcLSr
APPROVED AS TO FORM:
STATE OF Illinois
COUNTY OF _D „pge
SURETY
Narinnal Fire TnGnrancp Company of Hartford
By: �Zl,& &9J/ (Seal)
Phyl is oyd, Attorne -in -Fact
2�..� -'r Date cI' 1 —O
/A.,1City Attorney
CORPORATE ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this 6 th day of
September by Patrice L. Laughlin
(name of officer or agent, title of officer or agent), of
Weible. Cahill & Forke , LL (name of corporation
an Illinois Limited Liability Com n
acknowledging) , a _(state or$=e of incorporation) corporation, on
behalf of the corporation. He /She is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did/did not
take an oath.
PYB -3
Signature of Person Taking
Acknowledgment
Patrice L. Laughlin
Name of Acknowledger Typed,
Printed or Stamped
=PubI1c,Stat8 AL”
GHLIN
of Illinois es o9119104
LIMITED POWER OF ATTORNEY
BFI Waste Systems of North American, Inc. and National Fire Insurance Company of Hartford
(Principal) (Surety)
hereby grants the City Clerk of the City of Delray Beach
Power of Attorney to insert the date of execution on the contract, surety bonds to the contract
and agreement entitled 1
a e s gmsuoanceor aveeAereuhto set their hand and seal
In Witness Whereof, a _ ions f e
this a �o - -P elate X991
STATE OF Illinois
COUNTY OF
BFI Waste Systems of North America, Inc.
Principal (SEAL)
Theresa A. Snow, Power of Attorney
National Fire Insurance Company of Hartford
Surety (SEAL)
�"' ��- 4 f� � /
Phyllis Boyd, Attorney -in -Fact
CORPORATE ACKNOWLEDGEMENT
The foregoing instrument was acknowledged before me this 61-h day of
September 2001 by Patrice L. Laughlin (name
of officer or agent, title of officer or agent), of
Weible. Cahill & For r,_ LL.0 (name of corporation
acknowledging), az lll,,inois Limited Liabil(ote or place of incorporation) corporation, on
behalf of the corporation. lie/She is (personally known to me) (or has produced identification)
(type of identification) (as identification) and (did /did not)
take an oath. ok&�- ZLC4�
Signature of Person Taking
Acknowledgment
Patrice L. Laughlin
Name of Acknowledger Typed, Printed or
Stamped
"(07ICU#i,. SM"
PATRICE L. L.AUGHLIN
Notary Public, State of Illinois
IJIy Commission Expires 09/19/04
LPA -1
akilri A LLIED WASTE
NDUSTRIES, .INC.
POWER OF ATTORNEY
Allied Waste Industries, Inc., incorporated under the laws of the State of Delaware, and having its chief
place of business at 15880 N. Greenway- Hayden Loop, Suite 100, Scottsdale, Arizona, 85260, hereby
makes, constitutes and appoints Weible, Cahill & Company, LLC, acting through and by William P. Weible or
William F. Cahill, Theresa A. Snow, Esther C. Jimenez, Patricia J. Kenis or Molly Moran, its true and lawful
attomey.and affix its corporate seal to and deliver for an on behalf as surety thereon or otherwise, bonds of
any of the following classes, to wit:
Surety bonds and /or bid bonds to the United States of America or agency thereof, including those
required or permitted under the laws or regulations relating to Customs or Internal Revenue;
license and permit bonds or other indemnity bonds under the laws, ordinances of regulations of any
state, city,.town, village, board, other body organization, public or private; bonds to transportation
companies; lost instrument bonds; lease bonds, worker's compensation bonds; miscellaneous
surety bonds; and bonds on behalf of notaries public; sheriffs, deputy sheriffs and similar public
officials.
2. Surety bonds and /or bid bonds on behalf of Allied Waste Industries, Inc. and its subsidiaries,
included, but not limited to, Allied Services, LLC, Allied Waste Systems, Inc., Allied Waste
Transportation, Inc., American Disposal Services of Missouri, Inc., and BFI Waste Systems of
North America, Inc., in connection with bonds, proposals, or contracts.
To sign and seal all bid bonds and surety bonds on behalf of Allied Waste Industries, Inc. and its
subsidiaries, relating to the provision of solid waste collection, transportation, recycling, or disposal services
by Allied Waste Industries, Inc. and its subsidiaries. Allied Waste Industries, Inc. hereby agrees to ratify and
confirm whatsoever Weible, Cahill & Company, LLC shall lawfully do pursuant to this power of attorney and
the procedural guidelines set forth to Weible, Cahill & Company, LLC, and until notice or revocation has
been given by Allied Waste Industries, Inc. the acts of the said attorney shall be binding on the undersigned.
IN WITNESS WHEREOF this POWER OF ATTORNEY has been signed this 1 " day of April, 2001,
on behalf of Allied Waste Industries, Inc. by its Vice President, Leg I, r. Steve elm.
Allied c.
By. L
Stev 'K-HeW
State of Arizona )
ss.
County of Maricopa )
Subscribed and swom before me this 100' day of April, 2001 by Steven M. Helm.
eems, Notary Public
JANET L WEEMS
Notary Pu6tta - Arizona
MARICOPA COUNTY
My Commission Expires
JANUARY 14, 2003
15880 N. Greenway- Hayden Loop, Ste 100 / Scottsdale, AZ 85260 / 480.627.2700 / 480.627.2701 FAX
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY -IN -FACT
Know All Men By These Presents, That Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania (herein called "the CNA Companies "), are duly organized and existing corporations having
their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby
make, constitute and appoint
William P. Weible, Molly M. Moran, William Cahill, Kimberly Sawicki, Deborah Buss, Esther C. Jimenez, Theresa A. Snow
Amy E. Callahan, Patricia J. Kenis, Phyllis Boyd, Individually
Of West Chicago, Illinois
their true and lawful Attomey(s )-in -Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf
bonds, undertakings and other obligatory instruments of similar nature
-- In Unlimited Amounts —
and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations
and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By -Law and Resolutions, printed on the reverse
hereof, duly adopted, as indicated, by the Boards of Directors of the corporations.
In Witness Whereof, the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to
be hereto affixed on this 6th day of July, 2001.
corwowtT&
0 > MY 11,,
V SEAL t e not
1097 � +r>H� •
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Michael Gengler Group Vice President
State of Illinois, County of Cook, ss:
On this 6th day of July, 2001, before me personally came Michael Gengler to me known, who, being by me duly swom, did depose and
say: that he resides in the City of Chicago, State of Illinois; that he is a Group Vice President of Continental Casualty Company, National Fire
Insurance Company of Hartford, and American Casualty Company of Reading, Pennsylvania described in and which executed the above
instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were
so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like
authority, and acknowledges same to be the act and deed of said corporations.
Z ♦• ♦�NN���N,•/w�•��N���N•C•.N, •N•••� �
♦ �Vfr�YV7V �. •
DUNE FAL LI I IER � J
NIP 2 tsh 0 « 1
SNNNNNNN ♦NNNN ♦ ♦�S
My Commission Expires September 17, 2001 Diane Faulkner
Notary Public
CERTIFICATE
I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, National Fire Insurance Company of Hartford, and American
Casualty Company of Reading, Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force, and further
certify that the By -Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony
whereof] have he6reunto subscribed my nord affixed the seal of the said corporations this 6th day of
eptem er
�.cr
Z •
°u SEAL V
1097
(Rev. 1123/01)
ar
AILY 31.
Continental Casualty Company
National Fire Insurance Company of Hartford
American Casualty Company of Reading, Pennsylvania
Mary A. Ribikawskis Assistant Secretary
Authorizing By -Laws and Resolutions
ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of
Directors of the Company.
"Article IX— Execution of Documents
Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the
President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority
previously given to any attomey -in -fact "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA:
This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of
Directors of the Company.
"Article VI—Execution of Obligations and Appointment of Attorney-in -Fact
Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or
Group Vice President may, from time to time, appoint by written certificates attomeys -in -fact to act in behalf of the Company in the
execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys -in -fact, subject to
the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and
execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice
President may at any time revoke all power and authority previously given to any attorney -in- fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may
be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the
Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and
any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so
executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is
attached, continue to be valid and binding on the Company."
ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD:
This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17,
1993 by the Board of Directors of the Company.
"RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from
time to time, appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance,
bonds, undertakings and other obligatory instruments of like nature. Such Attomey -in -Fact, subject to the limitations set forth in their
respective certificates of authority, shall have full power to bind the Corporation by their signature and execution of any such instrument
and to attach the seal of the Corporation thereto. The President, an Executive Vice President, any Senior or Group Vice President or
the Board of Directors may at any time revoke all power and authority previously given to any Attomey -in -Fad "
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of
Directors of the Company at a meeting duly called and held on the 17th day of February, 1993.
"RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal
of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of
Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be
affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be
valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall
with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation."
EXIT I
Approved Rate Schedule
FY 2001 -02 Monthly Rate
Residential Collection (Per Unit1
Services
Curbside Rollout
Cart
Curbside Bag
Rear -Door Owner
Container
Multi- Family
Solid Waste Collection
$
$
$
$
Vegetative Collection
$
$
$
$
Recycling Collection
Total Collection Fees
$
$
$
$
$
$
$
$
Franchise Fee
$
(5% of coll. fees)
$
(5% of colt.. fees)
$
(5% of coll. fees)
$
(5% of coll. Fees)
Cart R &R Fee
$ .90
$ .00
$ .00
$ .00
Admin. Fee
$ .35
$ .35
$ .35
$ .35
Total/ Month/Unit
$
$
$
$
Commercial Solid Waste and Recycline Collection Rates
Container Collection Rate
$ per cubic yard
Compactor Collection Rate (12 cubic yards or less)
$ (1.25 x the container
collection rate)
Compactor Collection Rate (more than 12 cubic yards)
$ per pull
Roll-off Collection Rate
$ per pull
Franchise Fee
5% of Collection Rate per Container
Franchise Agreement Exhibit 1
Exhibit
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERM)
SPECIAL SERVICES
Service Rate per service
Rolling Out Commercial 95 gallon
$1.00 (no charge for commercial less than 10 feet)
container (10 or more feet)
Rolling Out Container (and returning it to
$2.70
original location)
Opening (and closing) Doors or Gates
No Charge
Locks for Containers
$9.00 (one time)
Charge for Replacements based on cost +10%
Unlocking Containers
$1.35
Supplying (and retrofitting)
$55.00
locking mechanism on container
Adding wheels to or changing wheels on
No Charge
Containers
Adding lids to or changing lids on
No Charge
Containers
Moving Container Location Per Customer
No Charge
Request
Changing Out Sizes (above twice per
$25.00
year)*
Additional Scheduled Pick -ups for
Same as Applicable Commercial Collection Rates
Residential Containerized Customers
(No Disposal Charges)
Additional Unscheduled (not including
3 times Applicable Commercial Rates
"on- call") Pick -ups for Commercial and
(No Disposal Charges for Residential)
Residential Containerized Customers
Special Service or special
equipment required because of impaired
Negotiable
accessibility
* The first two change outs are free to the customer.
Franchise Agreement Exhibit 1
Exhibit
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERIVD
MONTHLY CONTAINER RENTAL RATES
CONTAINERS
SIZE
RATE
1 YD
$18.70
2 YD
$19.40
3 YD
$21.44
4 YD
$22.21
6 YD
$25.53
8 YD
$27.09
10 YD
$32.79
COMMERCIAL SOLID WASTE AND VEGETATIVE DISPOSAL CHARGE
The City will determine the commercial disposal fee rates ($ /cubic yard) each Fiscal Year based on a
calculation supplied by the Authority and the tipping fee. The calculation for non - compacted Garbage
and Trash is 134 lbs. /cubic yard times the Authority's tipping fee ($ /ton) times 1 ton/2000 lbs. =
- $/cubic yard. Commercial non - compacted Vegetation is calculated at 275 lbs. /cubic yard times
the Authority's tipping fee ($ /ton) times 1 ton/2000 lbs. = $/cubic yard. The compacted rate for
commercial solid waste or vegetative waste may be billed at either the actual expense or three times the
rate for non - compacted solid waste or vegetative rate, respectively.
Franchise Agreement Exhibit 1
Exhibit
EXH[Brr H
Payment Adjustment Schedule
The annual consumer price index (April to April, All Urban Consumers- not to exceed 3 %) adjustment
shall be applied to the base residential and commercial collection rates only as shown in Exhibit I and as
provided within this Agreement.
Consumer Price Index (CPI), U.S. City Average, (Unadjusted), All Urban Consumers, All Items.
Franchise Agreement Exhibit 2
Exhibit
EDIT III
COLLECTION FRANCHISE AGREEMENT
PERFORMANCE BOND REQUIREMENT
The annual performance bond due to the City from the Contractor is calculated as:
Gross Annual Contractor Revenues = Performance Bond Required
Franchise Agreement Exhibit 3
Exhibit
CITY OF DELRAY BEACH, FLORIDA
GUL' STREAM
- Residential Waste & Recyding Collection Boundaries - %��� N i 41
L -30 CANAL
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Sd .ANAL
-IS CANAL
COLLECTION TYPES
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N
KONESDAY Y&ONESDAY
REGULAR GARBAGE
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Page 3 ) ()t N r:.11, FOk
Resi- Credits 2000/2001
Initial Residential /Governmental Disposal Credits
For Fiscal Year 2000/2001
Jurisdiction: City of Delray Beach
Hai dar Rrnwninn Ferric Inrh icfricc
Unit Type
Number of
Units
Garbage/Trash
Tons
Vegetation
Tons
Grand
Totals
Single Family
10,814
11,895.40
9,191.90
21,087.30
Multi-Family <5
7,896
5,290.32
N/A
5,290.32
Mobile Homes
296
325.60
171.68
497.28
Multi-Family >4
11,595
8,580.30
N/A
8,580.30
Total Residential
30,601
26,091.62
9,363.58
35,455.20
Governmental
N/A
2,943.29
N/A
2,943.29
Grand Total
Tons
N/A
29,034.91
9,363.58
38,398.49
Unit Type
Number of
Units
Garbage/Trash
Credits $$
Vegetation
Credits $$
Grand
Totals
Single Family
10,814
333,071.20
211,413.70
544,484.90
Multi-Family <5
7,896
148,128.96
N/A
148,128.96
Mobile Homes
296
9,116.80
3,948.64
13,065.44
Multi-Family >4
11,595
240,248.40
N/A
240,248.40
Total Residential
30,601
730,565.36
215,362.34
945,927.70
Governmental (Tons)
2,943.29
82,412.12
N/A
82,412.12
Grand Total
Credits
N/A
812,977.48
215,362.34
$1,028,339.82
Credit Distribution Authorization
The undersigned individual represents that he /she has the authority to direct the
distribution of the disposal credits for City of Delray Beach.
Please distribute the disposal credits in the following manner:
Municipality or Hauler
City of Delray Beach
Browning Ferri
Signature
Print Name
Title
Garbage/Trash Vegetation
(% or tons) (% or tons)
/Do 2o ) o'o 0
V"'I a-4A1-1U2— :i�) II 2 C> r1--
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693
Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
C q-t �' "
YOUR PARTNER FOR
SOLID tiN AST11 SOLUTIONS
July 14, 2000
Joseph Safford
City of Delray Beach
100 N.W. 1st Avenue
Delray Beach, Florida 33444 -2612
Re: Preliminary 2000/2001 Governmental Assessment
0016
Dear Mr. Safford:
Please review the preliminary 2000/2001 governmental assessment enclosed for the
property owned by your governmental agency or which you may rent from a government
agency. The listing includes the property control number, a brief description, container
size or residential category, frequency or units, annual tonnage and the total amount to
be assessed. Please notify us as soon as possible of any changes in service or
ownership.
This is not a request for payment. The final invoice will be mailed to you by
November 1, 2000, with the principal due before January 1, 2001. If you have questions,
please call (561) 697 -2700, ext. 4739.
We appreciate your attention to this annual review process, and look forward to hearing
from you soon.
Sincerely,
Susan G. Yanevic
Accounts Receivable Supervisor
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
July 10, 2000
Y0l!R PARTNER FOR
SOLID \WASTE SOLUTIONS
CITY OF DELRAY BEACH
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 200012001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
08- 43- 46- 05 -00- 000 -1080
POLICE BENEVOLENT ASSOCIATION
1 3CY
1 X/VJK
10.45
762.85
12- 42- 46- 12 -00- 000 -5020
FIRE STATION #4
2 95GAL
1XMK
3.48
254.04
4321 LAKE IDA
2 95GAL
RECYCLING
NO CHARGE
12- 42- 46- 12 -00- 000 -5040
BARWICK PARK
18 20GAL
3X/WK
18.81
1,373.13
12- 42- 46- 24 -04- 001 -0000
LAKEVIEW GOLF CLUB INC
1 2CY
2X/WK
13.94
1,017.62
12- 42- 46- 25 -00- 000 -1130
FIRE STATION #5
2 95GAL
1X/WK
3.48
254.04
4000 GERMANTOWN RD
2 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 08 -00- 000 -3010
S CNTRL WASTE WATER TREATMENT
1 4CY
1XMIK
13.94
1,017.62
12- 43- 46- 08 -21- 000 -0500
BOY SCOUT BLDG
CURBSIDE
2X/WK
1.95
142.35
12- 43- 46- 16 -01- 020 -0010
FIRE DEPT. HEADQUARTERS
1 4CY
1XNNK
13.94
1,017.62
4 95GAL
RECYCLING
NO CHARGE
PRELIMINARY
"v
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hn
v
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693
Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
July 10, 2000
YOUR PARTNER FOR
CITY OF DELRAY BEACH SOLID WASTE SOLUTIONS
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 2000/2001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
12- 4346- 16 -01- 044 -0070
TENNIS CENTER
SHARES WITH CITY HALL
1243- 46- 16 -01- 048 -0010
MERRITT PARK
3 30GAL 1X/WK
1.57
114.61
12- 43-46- 16 -01- 051 -0010
CITY HALL
1 8CY 3X/WK
83.62
6,104.26
1 8CY RECYCLING
NO CHARGE
1 8CY RECYCLING
NO CHARGE
1 ROLLOFF RECYCLING
NO CHARGE
1243- 46- 16 -01- 052 -0010
COMMUNITY CENTER
SHARES WITH CITY HALL
12- 43- 46- 16 -01- 060 -0120
HISTORIC PBC BLDG
1 45GAL 2X/WK
1.53
111.69
1 45GAL RECYCLING
NO CHARGE
1243- 46- 16 -01- 067 -0052
CASON COTTAGE (HIST. SITE)
1 95GAL 1X/WK
1.74
127.02
1 95GAL RECYCLING
12-43- 46- 16 -136- 000 -0010
OLD SCHOOL SQUARE
1 8CY 1X/WK
27.87
2,034.51
1 95GAL RECYCLING
NO CHARGE
PRELIMINARY
v
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 Recyc ed paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
YOCR PARTNFR FOR
July 10, 2000 SOLID WAS IF SOLI TIONs
CITY OF DELRAY BEACH
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 2000/2001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
12- 43- 46- 16 -01- 077 -0040
WORTHINGTON PARK
1 20GAL
2X/WK
0.70
51.10
12- 43- 46- 16 -01- 101 -0070
LIBRARY
1 2CY
1X/WK
6.97
508.81
12- 43- 46- 16 -01- 101 -0172
CHAMBER OF COMMERCE
1 2CY
1 X/WK
6.97
508.81
12- 43- 46- 16 -D3- 001 -0000
VETERANS PARK
11 55GAL
3X/WK
31.04
2,265.92
RAMBLING ROSE RIVERBOAT TOURS
1 3CY
2X/WK -26 WKS
10.45
762.85
12- 43- 46 -16 -01 -134 -0010
MARINE & HARBOR PATROL
1 6CY
3X/WK
62.71
4,577.83
12- 43- 46- 16 -E3- 002 -0000
FIRE STATION #2
2 95GAL
1X/WK
3.48
254.04
35 ANDREWS AVE
2 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 16 -22- 023 -0010
SANDOWAY PARK
1 30GAL
3X/WK
1.57
114.61
1 IGLOO
RECYCLING
NO CHARGE
PRELIMINARY
V
0
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
July 10, 2000 YOUR 1'ARTNFR FOR
SOLID �% ASTF SOLUTIONS
CITY OF DELRAY BEACH
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 2000/2001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
12- 43- 46- 16 -22- 023 -0020
SO SANDOWAY PARK
1 30GAL
3XNVK
1.57
114.61
12- 43- 46- 16 -28- 001 -0200
PARK PAVILION -25 OCEAN BLVD
64 30GAL
2X/WK
66.89
4,882.97
12- 43- 46- 17 -00- 000 -3130
POMPEY PARK/BALL FIELDS
1 4CY
2X/WK
27.87
2,034.51
1 IGLOO
RECYCLING
NO CHARGE
12- 43- 46- 17 -00- 000 -3140
POMPEY PARK RECREATION BLDG
1 4CY
2X/WK
27.87
2,034.51
12- 43- 46- 17 -00- 000 -3160
POMPEY PARK/SWIMMING POOL
1 20GAL
EMPTIED INTO
DUMPSTERS
NO CHARGE
1 32GAL
AT POMPEY PARK
NO CHARGE
1 45GAL
I
NO CHARGE
12- 43- 46- 17 -23- 006 -0110
ATLANTIC GARDENS
CURBSIDE
2X/WK
1.95
142.35
POLICE SUB - STATION
12- 43- 46- 17 -26- 002 -0230
AMERICAN LEGION HALL
2 95GAL
2X/WK
6.55
478.15
PRELIMINARY
W
.1
LWJ
km
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693
Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
July 10, 2000
N'O('R PARTNER FOR
CITY OF DELRAY BEACH SOFID wAS'FF SOFU I IONS
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 2000/2001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
12- 43-46- 17-45- 001 -0000
POLICE COMPLEX
1 6CY
2X/WK
41.81
3,052.13
1 2CY
RECYCLING
NO CHARGE
2 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 17-49- 050 -0010
OFFICE COMPLEX
1 3CY
1XNVK
10.45
762.85
(ATTORNEY'S OFFICE)
2 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 19 -00- 000 -1010
COUNTRY CLUB
1 4CY
3X/WK
41.81
3,052.13
2 2CY
RECYCLING
NO CHARGE
12- 43- 46- 20 -01- 008 -0030
FIRE STATION #3
2 95GAL
1X/WK
3.48
254.04
651 LINTON BLVD
2 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 20 -01- 009 -0010
WATER TREATMENT PLANT
1 6CY
1 XNVK
20.90
1, 525.70
CITY GARAGE
1 8CY
3XNVK
83.62
6,104.26
EVIR. SERV. DEPT. COMPLEX
1 4CY
CARDBOARD RECYCLING
NO CHARGE
4 95GAL
RECYCLING
NO CHARGE
12- 43- 46- 20 -01- 018 -0010
b
JU-z-11 1
HEADSTART DAYCARE CENTER
1 ACY
3XNVK
3,0
PRELIMINARY
v
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Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 RecYe)ea paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
July 10, 2000 )TWR PARTNER FOR
SOLID �A ASTL SOLUTIONS
CITY OF DELRAY BEACH
PRELIMINARY DISPOSAL ASSESSMENT
FOR FISCAL YEAR 2000/2001
OCTOBER 1, 2000 TO SEPTEMBER 30, 2001
SWA 0016
PROPERTY CONTROL NUMBER
DESCRIPTION
CONTAINER
SIZE
PICK -UP
FREQUENCY
ANNUAL
TONNAGE
TOTAL AMOUNT
ASSESSED
12- 43- 46- 20 -01- 026 -0040
PINE RIDGE CEMETERY
1 95GAL
1XNVK
1.74
127.02
12- 43- 46- 21 -00- 000 -5000
ATLANTIC DUNES PARK
7 30GAL
3XNVK
10.97
800.81
12- 43- 46- 21 -01- 001 -0130
WOMEN'S CLUB
CURBSIDE
2XNVK
1.95
142.35
12- 43- 46- 21 -01- 008 -0360
CURRIE COMMONS PARK
1 45GAL
2X/WK
1.53
111.69
2 95GAL
2XNVK
6.97
508.81
12- 43- 46- 21 -09- 002 -0091
KNOWLES PARK
4 30GAL CANS
3X/WK
6.27
457.71
1 55GAL CANS
3XNVK
2.82
205.86
12- 43- 46- 29 -07- 000 -0050
MILLER PARK
12 30GAL
3XNVK
18.81
1,373.13
11 20GAL
3XNVK
11.50
839.50
4 55GAL
3X/WK
11.29
824.17
1 4CY
3XNVK
41.81
3,052.13
1 IGLOO
RECYCLING
NO CHARGE
TOTAL
812.45
,
0
PRELIMINARY
v
v
v
0w
k0
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 Recycled paper'
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
YOUR PARTNER FOR
SOLID NVASTE SOLUTIONS
Calculation Formula
Governmental Assessments 2001
October 1, 2000 to September 30, 2001
1. # Dumpsters X Cubic Yards X # of Pickups Per Week
Equals Total Cubic Yards Per Week
2. Take Total Cubic Yards Per Week X 52 Weeks
Equals Total Cubic Yards Per Year
3. Convert Total Cubic Yards Per Year To Tonnage-- -
Cubic Yards Per Year X .067 (134 Ibs per cubic yard /2000)
Equals Total Tons Per Year
4. Total Annual Tonnage x $73.00 Rate for FY 2001
Average Annual Tonnage Per Unit By Residential Catego
Cat# 1
1.95
Single Family Homes
Cat# 2
.67
Multi- family 2-4 units
Cat# 3
1.68
Mobile Homes
Cat# 4
.74
Multi- family 5 or more units
Other Container Sizes
20 gallon =
.10 cubic yard
30 gallon =
.15 cubic yard
55 gallon =
.27 cubic yard
95 gallon =
.50 cubic yard
Compactors at 3 to 1 ratio
Post Office Box 24693 • West Palm Beach, Florida 33416 -4693 Recycled paper
Palm Beach: (561) 697 -2700 • South and West County: 930 -2727 • Fax: (561) 640 -3400
CITY OF DELRAY BEACH
BID PROPOSAL FORM
To: City of Delray Beach
100 NW I" Avenue
Delray Beach, Florida 33444
Project: Solid Waste, Vegetative Waste, and Recycling Collection Services
City Project Manager: Joseph M. Safford, Finance Director
Bidder:
Bidder Address:
Date:
Bidder Representative:
Phone:
BIDDER' S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the only persons, or parties interested in this Bid are
those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with
any official of the City of Delray Beach and that the bid is made without any connection or collusion with any
person submitting another Bid on this Project.
The Bidder further declares that no City Commission Member, other City officer or employee directly or
indirectly owns more than five percent (5 %) of the total assets or capital stock of the bidding entity, nor will such
an individual directly or indirectly benefit by more than five percent (5 %) from the profits or emoluments of this
contract.
The Bidder further declares that he has carefully examined the General Terms and Conditions, the Special Terms
and Conditions, and the Franchise Agreement and that this Bid is made according to the provisions and under the
terms of these documents, which specifications are hereby made a part of this Bid.
The Bidder further declares that any deviation from the General Terms and Conditions or the Special Terms and
Conditions are explained on separate sheets labeled "Clarifications and Exceptions" and are attached to the bid
submittal. Each deviation is to be itemized by number and specifically refer to the applicable specification
paragraph and page.
BPF -1
Bid Form (Pave 2)
ADDENDA
The Bidder hereby acknowledges that he has received Addenda No.'s to the
General Terms and Conditions, the Special Terms and Conditions or the Franchise Agreement.
TAXES
The Bidder hereby acknowledges that the sums bid below shall not include Florida sales or gross receipts tax
amounts. The City of Delray Beach is exempt from these taxes on services.
BID DATA SUPPLIED BY CITY
The Bidder hereby acknowledges that the number of units, containers, cubic yards, or other data supplied by the
City are good faith estimates for the sole purpose of determining bid awards. The City does not guarantee any
minimum or maximum amount of work whatsoever.
BID PRICES
Bidders wishing to perform the residential solid waste, vegetative waste and recycling collection services for the
City and Commercial solid waste collection services are required to submit bid prices as detailed below.
Residential Solid Waste, Vegetative Waste, and Recycling Collection Services
I (We) propose to collect all residential solid waste, vegetative waste, and recycling from customers
within the City of Delray Beach service area and to provide these services in complete accordance with
the provisions of the General Terms and Conditions, the Special Terms and Conditions, and the Franchise
Agreement. The bid prices below are for collection costs only. This residential bid includes single family
and multi - family units. This bid does not include any special charges as shown in Exhibit I of the
Franchise Agreement or City administrative charges, rollout cart fees or franchise fees.
Commercial Solid Waste
I (We) propose to collect all commercial solid waste from businesses within the City of Delray Beach
service area and to provide these services in complete accordance with the provisions of the General
Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement. The bid prices
below are for collection costs only. This bid does not include container maintenance, disposal, special
charges as shown in Exhibit I of the Franchise Agreement or City administrative charges or franchise fees.
ATTEST: BIDDER:
Signature
Title
BPF -1
(Corporate Seal)
Signature
Title
y
Name:
Title:
Date:
BPF -2
I'RPOSED
PROPOSED
COLLECTION
COLLECTION FEES
ESTIMATED,
RATES PER
per
SERVICE
UNITS
MONTH
YEAR
Residential Solid Waste
S/F Curbside Rollout Cart
12,888
S/F Rear Door Owner
1,361
Container
M/F Curbside Bas
2,505
M/F Containerized
13,847
Residential Vegetative
Curbside Vegetative
16,754
Residential Recycling
Curbside Recycling
16,754
Containerized Recycling
13,847
TOTAL RESIDENTIAL
N/A
PROPOSED
COLLECTION FEES
ESTIMATEII
COLLECTION
per
SERVICE
CUBIC YARDS
RATES per MONTH
YEAR
Commercial Solid Waste
Containers 1® 3
314 2S 33 832
$
per Cubic Yard
Front -Load Compactor 5
281
$
per Cubic Yard
Roll -Off Compactors 19
Haul (Pull )Rate Only
$
Per Pull
N/A
Commercial Recycling
Containers 110
1,330
$
per Cubic Yard
TOTAL COMMERCIAL
Note: Collection rates should
not include disposal, container costs, special services
costs or City fees.
Company Name
B•
y
Name:
Title:
Date:
BPF -2
Authorized Signature:
Name and Title:
Company Name:
Address:
Phone Number:
Addendum No. 1
Fax Number:
Addendum No. 1
ADDENDUM NO. 1
CITY OF DELRAY BEACH
BID NO. 2001 -21
SOLID WASTE, VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES
Addendum No. 1 dated March 5, 2001 to the Specifications and Contract Documents for the above referenced
project is hereby declared a part of the original Specifications and Contract Documents, and in case of conflict,
the following Addendum shall govern.
Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is
the Bidders responsibility to include all items necessary for the proper execution, coordination and completion of
all work/service directly affected by this Addendum.
CHANGES ARE AS FOLLOWS:
1. Replace "Bid Submission Form" (Page BPF -2) with attached revised page BPF -2.
2. Replace "Commercial Solid Waste Containers" worksheet with attached revised page reflecting 1,032
containers and 34,259 Total Cubic Yards per month.
3. A copy of the Solid Waste Authority "Initial Residential/Governmental Disposal Credits for Fiscal Year
2000/2001" is provided and attached as additional information to Bidders.
4. A copy of the Solid Waste Authority "Preliminary 2000/2001 Governmental Assessment" is provided and
attached as additional information to Bidders.
5. Amend "Solid Waste Disposal Costs" page 23 -23 to include the following language:
• Contractor shall be responsible for all fees, costs or penalties assessed by the Solid Waste Authority for any
recycling loads that are rejected as being contaminated and where a disposal fee is charged.
• Contractor shall be bound by all the terms and conditions found in the Agreement between the City and the
Solid Waste Authority dated August 16, 2000 regarding the collection, data documentation and promotion of
recycling materials.
6. Amend "Legal Requirement" in the General Terms and Conditions page GTC -2 to include the following
language:
Contractor shall abide by State law regarding any areas that are annexed into the City during the term of the
Franchise Agreement.
7. The Bidder is requested to submit an alternative bid to reflect vegetative waste being picked up 6 days per
week whereas the original bid is based upon 3 days per week.
Bidders shall acknowledge receipt of this Addendum by completin the appropriate section below and submitting
with your bid package. ,.
- c;z_.
Joseph M. Saffor
Project Manager
Addendum No. 1
Y•
Name:
Title:
Date:
BPF -2
PROPOSED
PROPOSED
COLLECTION.
COL LEMON FEES :.
ESTIMATED
RATES PER
per
SERVICE
UNITS
MONTH
YEAR
Residential Solid Waste
S/F Curbside Rollout Cart
12,888
S/F Rear Door Owner
1,361
Container
M/F Curbside Bas
2,505
M/F Containerized
13,847
Residential Vegetative
Curbside Vegetative
16,754
Residential Recycling
Curbside Recycling
16,754
Containerized Recycling
13,847
TOTAL RESIDENTIAL
N/A
ESTIMATED
PROPOSED
COLLECTION FEES
CUBIC YARDS
COLLECTION
per
SERVICE
..........
Per MONTH
RATES er 1YIONTH
YEAR
Commercial Solid Waste
Containers 1,032
34,259
$ per Cubic Yard
Front -Load Compactor 5
281
$ per Cubic Yard
Roll -Off Compactors 19
Haul Pull Rate Only
$ Per Pull
N/A
TOTAL COMMERCIAL
Note: Collection rates should not include disposal, container costs, special service
costs or City fees.
Company Name
B•
Y•
Name:
Title:
Date:
BPF -2
V -
AMENDMENT NO. 1 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMBER 20, 2001
THIS AMENDMENT NO. 1 to the Solid Waste and Recycling Collection
Franchise Agreement dated September 20, 2001 is made this day of
2003 by and between the CITY OF DELRAY BEACH (the City)
and WASTE MANAGEMENT, INC. OF FLORIDA ( "WM").
WITNESSETH:
WHEREAS, the City and BFI Waste Systems of North America (" BFI") entered
into a Franchise Agreement dated September 20, 2001, to provide for the collection of
solid waste and recycling materials within the City; and
WHEREAS, WM is in the process of purchasing certain assets of BFI, which
include the franchise agreement with the City; and
WHEREAS, this purchase is anticipated to close during the month of October,
2003; and
WHEREAS, Section 37 of the Franchise Agreement between the City and BFI
requires that BFI obtain City approval for the assignment; and
WHEREAS, the City is currently engaged in litigation regarding the franchising
of construction and demolition debris; and
and
WHEREAS, WM has in the past sued the City regarding the franchise agreement;
WHEREAS, as set forth herein, WM shall agree to indemnify, hold harmless and
defend the City regarding the current litigation brought against the City regarding the
franchising of construction and demolition debri; and
01�"
SCOG '/
z
WHEREAS, WM apologizes and the City Commission accepts WM's apology
for filing suit previously when its franchise was not renewed; and
WHEREAS, the franchise agreement is hereby amended to provide that the term
of this Agreement shall begin October 1, 2003; and
WHEREAS, the franchise agreement is further amended to provide that the
pickup times for residential service on Saturdays shall be no earlier than 7:00 a.m.; and
WHEREAS, this amendment shall be of no force and effect if the purchase of
certain assets of BFI by WM fails to close.
NOW, THEREFORE, the parties agree as follows:
1. The recitations set forth above are incorporated herein.
2. The Agreement dated September 20, 2001, is hereby amended to provide
that the City consents to the purchase of certain assets of BFI Inc. of North America by
Waste Management Inc. of Florida.
3. Section 1, "Term" of the Agreement is hereby amended to provide that the
term of the Agreement shall begin on October 1, 2003 and expire on September 30, 2008
and shall also be renewable for one five year term upon the approval of both parties.
4. WM agrees to take over the complete defense of the City and indemnify,
defend and hold harmless the City, with regard the pending lawsuit in federal court
captioned Southern Waste Systems, LLC v. City of Delray Beach and BFI Waste Systems
of North America, Case No. 03 -80003 including, but not limited to the payment of
attorney fees and costs at the trial and appellate levels. WM shall not be required to pay
any damages to the City under the indemnification and hold harmless provisions,
provided, however, WM shall pay all compensatory damages (but not punitive, special or
2
incidental damages) and attorney fees and costs that may be awarded to the Plaintiff.
WM further agrees that if any court of law should determine that the franchise agreement
between the parties or the applicable ordinances concerning the franchising of
construction and demolition debris violates any statute, constitution or law, then WM
shall voluntarily agree to amend any portion of the franchise agreement to comply with
the Court's ruling and hereby voluntarily consents to the adoption of a revised ordinance
that the City deems it needs to adopt to be in compliance with the Court order.
5. WM further agrees that prior to the filing of any claim or lawsuit against
the City based upon a breach or default by the City under franchise agreement it shall
notify the City, within 30 days, of the action or inaction giving rise to the claim or
lawsuit. WM shall not claim any damages against the City greater than 30 days prior to
its notification. Once WM files its claim, WM shall then have 90 days in which to file a
lawsuit or legal action in a court of law against the City or it shall forever be barred from
doing so. WM shall not attempt to sue, or threaten to sue and shall not sue, for any claim
or cause of action if the City Solid Waste Collection franchise agreement is not renewed
or otherwise extended. Moreover, WM shall not file a claim, lawsuit or any other cause
of action against the City based upon any "tipping" or "disposal" fees that it may or may
not receive from the Solid Waste Authority. It is understood by WM that certain
payments are made in arrears; accordingly, WM may only be allowed to file a claim or
lawsuit based upon the failure of the City to pay the arrearages after the expiration or non-
renewal of the franchise agreement and only for the amounts that are consistent with the
payments made during the last 3 months of the franchise agreement.
3
6. Section 4(E), "Hours of Collection" and Section 5(E), "Hours of
Collection" of the Agreement are hereby amended to provide that curbside residential
solid waste collection service and residential recycling collection service shall not begin
prior to 7:00 a.m. on Saturdays. All other times and conditions shall remain the same.
7. This Amendment 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.
8. Except as expressly modified in writing herein or as modified by
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.
r
City Clerk
Approved as to legal form
and sufficiency:
K
A .City Attorney
CITY OF DELRPfAT CH, FLORIDA
BY :
Uff Pei man, Mayor
0
or typed)
(Name printed 67r typed)
STATE OF V0r�coq
COUNTY OF �R�►,r1�,�h
WASTE MANAGEMENT, INC.
OF FLORIDA
By:
Harold Carter, District Manager
S'r
The foregoing instrument was acknowledged before me this day of
Qom-- 2003, by OACCAA Cnr ter' , as
(name of officer or agent, title of officer or agent), of
yjaL�j.e MPOfs e e m e n7 (name of corporation acknowledging), a
(state or place of incorporation) corporation, on behalf of the
corporation. He /She is personally known to me or has produced
(type of identification) as identification.
.Q,
/S�ignat e of Perso aking Acknowledgment
C_(l+k r i n19— j ---?)q r N6
Name Typed, Printed or Stamped
Catherine j.Banes
c`=o'' a K—. 'Commission #'DI7OSMI
° = Expires March 15, =6
SOIld2d ThrS1
Atlantic BondinSCO. M
5
AMENDMENT NO.2 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMBER 20 2001
THIS AMENDMENT NO. 2 to the Solid Waste and Recycling Collection
Franchise Agreement dated September 20, 2001 is made this a O' day of
2006 by and between the CITY OF DELRAY BEACH (the
City) and WASTE MANAGEMENT INC. OF FLORIDA ( "WM ").
WITNESSETH:
WHEREAS, the City and BFI Waste Systems of North America (" BFI ")
entered into a Franchise Agreement dated September 20, 2001, to provide for the
collection of solid waste and recycling materials within the City (the
"Agreement "); and
WHEREAS, pursuant to Amendment No. 1 dated September 29, 2003, the
City consented to an assignment from BFI to WM of the Agreement together
with modifications to the term, indemnification provisions and other provisions;
and
WHEREAS, the parties desire to further amend the Agreement to expand
the collection of Curbside Residential Vegetative Waste to six days per week and
to provide for the collection of waste from public transportation shelter
receptacles; and
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. All capitalized terms shall have the meanings set forth in the
Agreement as amended unless the context requires otherwise.
3. Section 4(A)(1), of the Agreement is hereby amended to provide
that Curbside Residential Vegetative Waste collection shall occur as set forth on
the attached Exhibit "B" to this amendment. This modification shall be effective
October 1, 2006.
4. New Section 46 is added:
46. City Service. Commencing July 1, 2006, WM shall collect, at
least once a week, and dispose of Garbage and Trash deposited in public
transportation shelter receptacles listed on Exhibit "A" and incorporated
herein. The City shall pay Contractor $13.00 per site per collection per
week. This rate shall be subject to adjustment pursuant to Section 6 and
Exhibit 1I. Contractor shall bill the City monthly in arrears for such
service.
5. This Amendment No. 2 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
2
any conflicting oral representations, assurances, claims or disclaimers, made
either prior to or simultaneous with the execution of this Amendment.
6. Except as expressly modified in writing herein or as modified by
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:
CIT
S
By:
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
M
WITNESSES:
(Name printed or typed)
(Name printed or typed)
STATE OF
COUNTY OF t)2= fV-T>
WASTE MANAGEMENT, INC.
OF FLORIDA
!`�'IR M� f M4ff
v��
Casagrande, V, President
(Corporate Seal)
The foregoing instrument was acknowledged before me this t5
day of 2004, by !;J?a!W Q10r h(;;R L3S as
(name of officer or agent, title of officer or agent), of
}YIfiJRE j' TXj -6Ffr DA(name of corporation acknowledging), a
. 51.1 DA (state or place of incorporation) corporation, on behalf of the
corporation. He /She is personally known to me or has produced
(type of identification) as identification.
Signature of Person TLing Acknowledgment
Name Typed, Printed or Stamped
�r EXPIRES: J navy 29, 2010
�'�aFFtid°�
Dow To W WXY semi "
4
EXHIBIT "A"
DELRAY BEACH
PROPOSED BUS SHELTER LOCATIONS
SHELTER #
LOCATED ON
INTERSECTION
QUADRANT
STOP#
1
Swinton Avenue
Atlantic Avenue
NE
6452
2
Congress Avenue
Lake Ida Road
SE
790
3
Lake Ida Road
Congress Avenue
SE
7316
4
NE 1st Street
NE 5th Avenue
NW
7617
5
West Atlantic Avenue
NW 1 st Avenue
NW
7619
6
West Atlantic Avenue
SW 2nd Avenue
SW
7677
7
SW 12th Avenue
SW 4th Street
NW
7111
8
SW 12th Avenue
Auburn Drive
SW
7112
9
West Atlantic Avenue
Whatley Rd.(Opp. Delray Square)
SE
7429
10
N. Swinton Avenue
Lake Ida Road
SW
6358
11
Lindell Boulevard
Egret Circle
NW
7342
12
SW 10th Street
Congress Avenue
SE
6374
'13
NW 5th Avenue
NW 2nd St. (MLK Dr.)
SW
7323
'14
SW 5th Avenue
West Atlantic Avenue
SW
7324
15
SE 5th Avenue (US1)
Atlantic Avenue
SW
210
16
SE 6th Avenue (US1)
SE 1st Street
NE
7681
17
SW 10th Street
SW 11th Terrace
SE
6437
18
Swinton Avenue
SE 10th Street
NE
6447
19
West Atlantic Avenue
SW 10th Avenue
SE
7673
20
West Atlantic Avenue
NW 8th Avenue
NW
7622
21
SW 10th Street
SW 10th Avenue
NE
6529
22
SE 5th Avenue (US1)
SE 10th Street
SW
215
23
Federal Hwy. (US 1)
Banyan Tree Lane
SW
217
24
Federal Hwy. (US 1)
Linton Blvd.
NE
286
25
Congress Avenue
Linton Blvd.
NE
782
26
So. Military Trail
Delray West Plaza Ent.
NE
1155
27
So. Military Trail
Bocaray Plaza Ent.
NE
1150
28
Lowson Boulevard
Pines of Delray Ent.
SE
6372
29
West Atlantic Avenue
Sherwood Forest Dr.
SW
7301
30
West Atlantic Avenue
Sunset Pine Drive
NW
7404
31
Barwick Road
West Atlantic Avenue
NE
7302
32
Congress Avenue
Congress Park Ent.
NW
nla
33
Congress Avenue
PBC Healt Dept.
NE
917
34
Congress Avenue
SW 10th Street
SE
785
35
S. Military Trail
Wal -Mart Ent.
SW
1117
36
Federal Hwy. (US 1)
Harbourside Dr.
NE
287
37
NW Lindell Blvd.
Audobon Blvd
NW
7338
38
Congress Avenue
#2101
NE
780
Federal Hwy. (US 1)
Lindell Blvd.
NE
281
40
N. Swinton Avenue
NE 5th Street
NE
295
41
Auburn Avenue
Auburn Drive
NE
7103
42
SW 10th Avenue
SW 11 rh Street
SW
7407
43
SW 10th Avenue
SW 11 r Street
NE
7421
44
SW 10th Avenue
Lindell Blvd.
NE
7362
45
SW 10th Avenue
Linton Blvd.
SE
7344
46
Lindell Boulevard
Lake Delray Apts.
NW
7423
47
Lindell Boulevard
Dotterel Road
NE
7339
CITY OF DELRAY BEACH, FLORIDA
' Residential Curbside & Rear 1 Side Door
Regular Garbage, Recycling, Bulk Trash & Vegetative
WfiStP- C HIPHinn nr]VS .
I
** SEE REVERSE SIDE`*
REGULAR GARBAGE
SERVICE TYPES
CURS SIDE
BULK
VEGETATNE
AREA
GARBAGE
RECYCLING
X.
IDE DOOR
REAR/SIDE DOOR
OWNER
TRASH
TRASH
TUESDAY
O
TUESDAY
FRIDAY
FRIDAY
FR DAY
1'
MONDAY
O
&
MONDAY
MONDAY
MONDAY
THURSDAY
O
z
TUESDAY
O
&
FRIDAY
TUESDAY
TUESDAY
O
FRIDAY
F-
�\
MONDAY
(�pJ)
8
THURSDAY
THURSDAY
THURSDAY
THURSDAY
w
J
WEDNESDAY
O
WEDNESDAY
SATURDAY
SATURDAY
O
SATURDAY
U
WEDNESDAY
I
R
SATURDAY
WEDNESDAY
WEDNESDAY
\E1J}
SATURDAY
REGULAR GARBAGE
SERVICE TYPES
CURS SIDE
CITY ROUCART
CURB SIDE
PASTIC BAG
X.
IDE DOOR
REAR/SIDE DOOR
OWNER
ONE MILE
GRAPHIC SCALE
CITY OF DELRAY BEACH, FL
PLANNING 8 ZONING DEPARTMENT
SEPTEMBER 2006
** SEE REVERSE SIDE" - -DIGMAL BASE MAP SYSTEM --
11 - I
AMENDMENT NO. 13 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCHISE AGREEMENT DATED SEPTEMBER 20, 2001
THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Co- llection
Franchise Agreement dated September 20, 2001 is made this day of
2008 by and between the CITY OF DELRAY BEACH (the
City) and WASTE MANAGEMENT INC. OF FLORIDA ("WM").
WITNESSETH:
WHEREAS, the City and 13171 Waste Systems of North America (" 13171")
entered into a Franchise Agreement dated Septeinber20, 2001, ts-, pri-vide for the
collection of solid waste and recycling materials within the City (the
"Agreement"); and
WHEREAS, pursuant to Amendment No. 1 dated September 2Q, 2001", the
City consented to an assignment from r-F1 to WM of the Agreement to--:,ether
0 0 0
with modifications to the term, indemnification provisions and other pri-visions;
Mrs
WHEREAS, pursuant to Amendment No. 2 dated September 1.0, 1.006, the
parties amended the Ag0 rf--�ement to expand the collection of Curbside Residential
Vegetative Waste to i\ days per weel- and to provide for the collection of waste
from public transportation shelter receptacles; and
WHEREAS, the parties desire to amend the Agreement to extend the term,
provide for a fuel surcharge, modify the rate adjustment for changes in the
a i 0
q AY's '.
Consui-ner Price Index, delete exclusivity for temporary open-top Popoff service
for construction and demolition debris at construction, demolition and
renovation sites and require a written agreement for storm cleanup activities.
NOW, THEREFORE, in consideration of the covenants contained
herein and for other --,00d and valuable consideration, the receipt and sufficiency
0
of which is agree as foll-
ag
acknc-,wledged, the parties -.)ws:
0 0
1. The recitations set forth above are incorporated herein.
2. All capftali-zed terms shall have the meanings set forth in the
Agreement as amended unless the context requires otherwise.
3. Section 1 TER-M is amended to read as follows:
The teriii of this Agreeuiviit is hereby extended for five yet'll•S RIM expires
on September 30, 2013.
4. Section 6A is amended to read as follows:
Solid Waste and Recycling Collectioij Rate AdjitsMie0s: For 1711
Collection sci-vices, the charges shall be iiiitifllly based 0II the rates
established ill Exhibit 1, awl as silbseqileiitly adjilstcd PlIl'S11,7111 to this
Agreeiiieiit. The C011trYtOr shall I
g I receive ill anmial adjii:hiieiit in the
Residential Solid Waste Collectioil Sei-vice, Resideiitial Recyclill"
C-ollectio-il Service, Cotiiiiiercial Solid Waste Collection Service alld
C0711111el-Cial RCCYClhIg C011eCti011, Sel-ViCe h7tes. The adjil5tiiiew shall be
iriade to the combined CatCgory cf -P\.esideiith7l Solid Waste COUCCH011
Service aiid to Resideidial Re qjclhia Collection, Sel•ViCe 1711,11, separl-71'ely to
0
the conibbietl cate-gory (,)
f Co Co-IIIIllel-Cial Solid Waste Collec'ioii Service alld
Coiiuii(,:-rcial Recycling Collection Service. -.4t the elld c� the first year of
this reilezoal lenji drill each sidisetlit-itt year, the collection portkii of the
Y67teS ill this Agreeliieid shall be adjusted for (I) chailoges ill the Coiniaiier
g
Price hider C'C-r-I) arid (ii) chal'100 CS hifilel cos[3 as set forth ill Exhibit IL
M
The Contractor shall supply the City with such further information as
niail be reasonably necessary. Annual rate 17djUSI-11101tS Shall be effective
I
October I of each year, beoinnino October 7, 2009, unless othei,wise
'5 0
Mutually deterinined by the City and the Contractor.
5. Section 20 NATLTI-ZAL DISASTERS is amended by adding the
following to the end of the Section:
Also, if the City f-il,),,.7,,es 17 stoon debris YCHILM71 C0171-1,17doi, for storm
0 0
debris )-einoval, Conti-actor shall not be required to pick- tip the Verietth'iVIO
bulk tl'(7311 construction debris, or other storin debris (this does not include
00171'bage and C01111-17,10F undershulds that the Offlbagoe collection inay
6
7IICret7S(? 17S (7 result of the stw,in) dui -ink; the thne the debris reinaval
COntOWtOY is actively renlovino debris fi-ow [lie pliblic riohts-of-wfly. If
thl- City wishes to e11 -;age Contractor in this storin debris renioval it shall
be by separate C0)1tI'IIC(' Which 3111711 be FE1l4-.-I approved, C01111'1001' 17,01VOS
that if the City is still (5
engaging its stone debris w-luoval contractor' after a
6
period of -3 months front the date of the event and that ConhflCtor has seen
a reduction, that is 07/1 Of the Ordin,71-Y, in tanna�e of waste hintled 17s
COMP171'ed to previous years, Conh'sYtOY (7�1'eeS to discuss a reduction in
fees with the City.
6. The Contractor historically has provided aruivally to the City
$10,000 worth of in kind services at City sponsored special events. The parties
a-0 ree that same shall hereby be increased to ;-"O noO worth of in-l-ind services at
City sponsored events. The City shall treat the in-kind service level as a
sponsorship of the event and shall include Contractor as one of the advertised
sponsors at the appropriate level where possible.
7. Exhibit I and Exhibit 11 are deleted and replaced with new Exhibit I
and Exhibit 11 attached hereto and incorporated herein.
8. Notwithstanding any ether provision in the Agreement. temporary
open-top rolloff service for construction anti demolition debris at construction,
demolition and renovation sites is not included in this Agreement.
N
a
9. This Amendment No. '. together with the .,kgreen tent , nd
0 0 0
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 0 oral representations, assurances, claims or disclaimers, made
either prior tot r simultaneous with the execution of this Amendment.
10. E.Xcept as expressly modified in writing herein or as modified by
subsequent written amendments, all other terms and conditions of the original
Agreement and any amendments ther0c, survive this Amendment and are
deemed to be incorporated herein and are binding on the parties.
IN WITNESS WHEREOF, the parties have e.xecuted this Amendment to
the Solid Waste and Recycling Collection Franchise Agreement on the day and
0
year first hereinabove written.
A EST: 7 CM-+-Q)ELRAY BEACH, FLORIDA
r
� City Clerk j Rita Ellis, Mayor
Approved as Lo legal form
and sufficiency:
��,City Attorney
4
WITNESSES:
(Name printed or typed)
✓A
(Name printed or typed)
STATE OF
COUNTY OF
WASTE MANAGEMENT, INC.
OF FLORIDA
By:
Vice —Fr—e —si de- t
(Corpc-rate Seal)
The fore-oin- instrument was acknowledged before me this
day of Lx L V
200,3, by �^W k I YUS as
(rtai-riec-,f Officer origerLL title' cf Officer ,7-r.-tgent),,-)f
of corporation acknowled"Ying), a
(state or place of incorporation) corporation, on behalf of the
corporation. He/She is or has produced
(type of identification) as ident#icafion.
Si-nature of rerson TaVin- -kk-nowled-ment
0 0 0
Name Typed, Printed or Stamped
R06AUNA VEDA
MYCOMM101110N 31DUR I'll
EXPIRE8: ChAb"re,N0
Co4d D Ri Su* Notary
9
EXHIBIT I
Approved Rate Schedule
Rates Effective October 1, 12.008
,'(Rates are Monthly unless c-Itherwise indicated)
Rates:
Curbside Cart:
Solid Waste
$6.14
Recycling
$21.50
Yard Waste
$2.50
Total (net of FF's)
$11.14
Rear Door Cans:
Solid Waste $16.14
Rp,r--.ycl it i0 $2.50
Yard Waste 0 -1
Total (net of FF's)
Curbside Bans:
Solid Waste
$4.14
Recycling
$2.50
Yard Waste
$21.50
Total (net of FF's)
$9.14
Multifamily Containerized firer unit)
Solid Waste $3.10
Recycling
Total (net of FF's) $5.60
Commercial Rates:
Comrnc-,rcial FEU yard (Collection Only) (inc.1 FF's) x:5,.50
Commercial Carts (monthly rate) $50.00
Bus St,--,p Receptacle--, (rate/site/wee.1-) q1" 16. () 0
Rolloff Fate NOT INGLUDRIG C&D (i-,,:-r Haul plus disposal) (incl FF's) $225.00
0
Approved Rate Schedule
Rates Effective October 1"2008
Contractor Currently picks Upindividual '30-gallon c�anoa|mg Atlantic Avenue, the. beiac;harea.
and Pineapple Grova. (}u(o[a total 104 containers, 84do not have property uon|ndnumber's
and then:,fore the City is not charged for disposal by Solid Waste, Authority but Contr.actor i's so
charged . Although the City is not char9p.d for ox-llec.tion (pe.r contra,�Q of [hesc- cvntainers the
City will reirnburse Contrac.tor for the disposal :.osts rt4ated to these containers.
The [;ihy will he billed �7.300.66annoaUv which will be. oomoutt-:!d aahbl|ovvs:
84-3O0ahncuntainoxupk�edupOUmea per week
$23 per ton disposal rate �harge by SWA permbic yard
30 gallon oontaner =.15 Cubic yards
8400niainero)(.|5oubio yards l0p�J-,upu per week. '-.' 52vm*ei� 1.88=$7.39Q'66
Shuu|ddiepoea|uootshaadiuebadhv(heSVVA.ih*ebuvere.imhuraemenishaUbe appropriately
adjusted.
7
Payment Adjustment Schedule
Consumer Price Index
Compensation payable tc-1 the Contractor for collection services shall be adjusted
upward or downward aru-mally to reflect changes in the Consumer Price Index
for all urban consumers for Miami-Fort Lauderdale area, all items, as published
by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Beginning
on October 1, '2009 and on each October 1 thereafter, the rates shall be
adjusted to reflect the increase or decrease in the CPI for the immediately
preceding twelve (12) month period of April [o April. Such upward adjusti-nents
shall be limited to a rolling cap of five percent (5%) per ara-tum. Any CPI upward
adjustments in excess of five percent (5%) in one (1) year will roll forward
cumulatively until a year when the CPI upwardadjUsti-rient is under five percent
(5%). The excess CPI upward adjustment that has rolled forward will then be
applied to the e.-,dent possible, not to exceed five percent (5%) in any annual
upward adjustment. In no case shall the CPI based upward adjustment exceed
five percent (5%) in any given year. The Contractor shall notify the City in
writing of increases that are based on the CPL as provided in this section prior to
implementation. Should the CPI be discontinued or substantially n7todified, then
an alternate index- shall be chosen and utilized, with comparable rolling cap, by
mutual agreement of the City and the Contractor.
Fuel Surcharge
Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect
any chan-:,e in the cost of diesel fuel as determined by reference to the Energy
0 Z-)
Information Administration of the US Department of Energy ("EIA/DOE")
website that reports average prices of diesel fuel for the *"Lower Atlantic"
United States. The link is as follows:
http://tont,:P.eia.di.-je.b.:)v/c,o-/info/i,vc,lidl)/Liiesel.asp . The fuel surcharge shall
always be calculated on the base rate charged to the City on the first year rate
of this renewal and shall not be compounded on the subsequent years
calculations.:
The adjustment shall be effective October 1, 2009 and every October 1 thereafter.
After determining the average price of diesel fuel from the aforesaid website
("EIA/E)OE fuel cost") for the inirnediately preceding 12 month period of May
to April, the corresponding fuel cost modifier will be calculated pursuant to the
M.
following table. Note that for adjustfnenLs not shown on the table, the
0
calculation shall be extrapolated from those set forth:
Waste Management - City of Delray Beach
Fuel Surcharge Table
TABLE FOR FUEL SURCHARGE
CALCULATION
Average Price/ Gallon
Percent of
Surchar e
Average Price/ Gallon
Percent of
Surcharge
1.990
to
$ 2.139
-10.0%
$ 4.240
to
$ 4.389
0.0%
$ 1140
to
$ 2.289
-9.0%
$ 4.390
to
$ 4.539
0.0%!
$ 2.290
to
2.439
-8.0%i
$ 4.540
to
$ 4.689
0.0%
$ 2.440
to
$ 2.589
-7.0N
1 4.690
to
$ 4.839
0.0%
$ 2.590
to
$ 2.739
-6.0%
4.840
to
1; 4.989
1.0%
$ 2.740
to
$ 2.889
-5.0%
4.990
to
$ 5.139
2.0%
$ 2.890
to
$ 3.039
-4.0%
5.140,
to
$ 5.289
$ 3.040
to
$ 3.189
-3.091to
$ 5.290
to
$ 5.439
_3.0%
4.0%
$ 3.190
to
$ 3..'33 -T�n
7
-2.00%
5.440
to
$ 5.589
5.0%
$ 3.340
to
$ 3.489
-1.0%
$ 5.590
to
$ 5.739
6.0%
$ 3.490
to
$ 1639
0.0%
$ 5.740
to
$ 5.889
7.0911b:�
$ 3.640
to
$ 3.789
0.0%
$ 5.890
to
6.039
8.010,11)
$ 3.790
to
$ 3.939
$ 6.040
to
6.189
9.0%
$ 3.940
to
-0.0%
0.0%
$ 6,190
to
$ 6.3339
10.01.1/10
$ 4.090
to
--4.089,
$ 4.239
0.0%1
$ 6.340
to
$ 6.4891
11.0"'o
http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp
Weekly Retail On-Highway Diesel Prices - Lower Atlantic
Baseline Price - $4.69/gallon.
Method.-Ac,gy
Each of the calculations for CPT and Fuel are done separately and then added to
the collection rates set forth in Exhibit I (residential and comi-nercial). The CPT
and Fuel adjustments are not ccimpounded one upcon the other but are calculated
as set forth in the examples below.
9
Exam.12les of Adjustments
The first adjustment for CPI which is effective October 1, 2009, is based on the
0
percentage change for the months April, 2008 to April, 2009. For e .ample, if the
CPI were 210.90 in April 2005 and 221.332 in April 2009, the calculation would be
as follows:
221.3 - 2110.90 = 10.4' divided by 210.90 = .049 or 4.9%. That percentage change
0 0
is applied to the rate from Exhibit I to determine the change due to the change in
CPI. If the rate was $10.94, the adiListiiient for CPI would be 50.54 and the CPI
adjusted rate would be $11.48 ($10.94 -,,- $0.54).
The adjusUi-tent for changes in fuel costs is calculated by going Lo the Department
0 going
of Energy website and detern-iii7ting the change in cost for the Lower Atlantic area
0 0 0
for the period in question.
Atlantic (PADD IC) No 2 Diesel Retail Sales by All Sellers (Cents per
U � I ff"..a a jWRjN=Ma I
W _11EFT100
1-*01 245.2 245.5 252.9 270.2 153.3 284.=4 2S7." 293.5 169.0 247.5 244i.5 253.0
I 2DO7] 240.7 242.3 261.5 271.-.3 274.4 276.3 280.0 280.2 290.4 301.4 333.6 330.9
Lt'
L20 ^0$ 330.2 337.5 386.7 406.6 440.6
If we use the period May 2007 to April 2008 as an example, the average of the
prices for those moriths is '19.0 cents c-r $' :o.190 per gallon. Referencing the Fuel
0
Surchan-y0 e Calculation chart indicates a decrease cof 2.0%. Accordingly, the
calculation would be $10.94 (CcnLract Residential Base rate) \ -2.0% or -$0.22.
For the adjustri-tent on 10-01-10, if the CPI again 4.9
ag
percentage change were %
0 0
and fuel rose so that the average were $4.840 per -allon (requiring a 1% upward
0 0 0
adjust-n-tent), the adjustments would be 4.5cM for CPI 011.45 x 4.9%) and $11 for
fuel (Contract Residential Base Rate of $10.94 x 1%).
LUO
I
rutting the calculations tr-oether
-0
yields the following:
0
0
1011/2008
1011/2009
101112010
CPI Calculation.
Initial Rate
$10.94
$10.94
$11.48
CPI
$0.00
$0.54
$0.56
4.9%
4.9%
CPI Adjusted Rate
$10.94
$11.48
$12.04
Fuel Surcharay
Calculation:
CPI Adjusted Rate
Fuel Surcharge*
$10.94 $11.48 $12.04
$0.00 (*,'4v22) $0.11
-2.0% 1.0%
CPI and Fuel Adjusted
Rate $10.94 $11.26 $12.15
Fuel Surcharge percentage applied tO Ct-jDtl*aCt
Residential Base. rate of $10.94.
11
i
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 1-4 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
terms.
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 the
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
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 confirm 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 information 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.
S. The definition of Roll -off Collection Service is amended as follows:
Roll -off collection service shall a4-&& 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 Iimited to, special waste, garbage or recyclable
materials.
5. 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.
PJ
.0
a
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).
$. Exhibitl to the Franchise Agreement is amended as follows:
RATES DETERMINED BY THE CITY
NOT TO BE ADJUSTED DURING TE
MONTHLY CONTAINER R&NIAL 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
8 YD
$27.09
10 YD
$32.79
95 GAL. CART
$1.00
.4
RATES DETERMINED BY THE CITY
(NOT TO BE ADJUSTED DURING TERM]
SPECIAL SERVICES
Service Rate per Service
Rolling Out Commerc' multi -famil 95 gallon
$1.00 (no charge for commercial less than 10 feet)
container (10 or more feet)
Rolling Out Container (and returning it to original
$2.70
location)
Opening (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 {barge
Adding lids to or changing lids on Containers
No Charge
Moving Container Location Per
Customer Request
$25.00
Changing Out Sizes (above twice per year)*
Additional Scheduled Pick -ups for Residential
Same as Applicable Commercial Collection Rates
Containerized Customers
(No Disposal Charges)
Additional Unscheduled (not including "on -call ")
3 times more Applicable Commercial Rates
Pick-ups for Commercial and Residential
(No Disposal Charges for Residential
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
P
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:
LI _
(name printed or typed)
(name printed or typed)
STATE OF L* ti P,
COUNTY OF W A-y
CITY ,O7-1�ELRAY BE K( 1R, Ftol�IDA
IL
Nelson S. McDuffie1MJ6Pr
WASTE MANAGEMENT INC.
OF FLORIDA
(Corporate Seal)
The foregoing instrument was acknowledged before me this --� day of
2010 by T,AkM ���s{[s , as (UL<-Q _ (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,*ntification) as i egtification.
HOSAUNA VEGA
MY COMMISSION ODD 603431
EXPIRES: October 9, 2610
Goaded Thru Cudgel Notary Sarkos
Notary Public, State of Fbrida at Large
Name Typed, Printed or Stamped
a
AMENDMENT NO. 5 TO SOLID WASTE AND RECYCLING COLLECTION
FRANCI USE AGREEMENT DATED SEPTEMBER 20, 2001
THIS AMENDMENT NO-5 to the Solid Waste and Recycling Collection
Franchise Agreement dated September 20, 2001 is made this �It-day of September,
2012 by and between the CITY OF DELRAY BEACH ( "the City ") and WASTE
MANAGEMENT INC. OF FLORIDA ( "W M IF" or "Waste Management ").
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 parties desire to amend the Agreement to extend the term,
provide for the grant of BigBelly Solar powered compactors and provide for the
clarification of the 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. All capitalized terms shalt have the meanings set forth in the Agreement as
amended unless the context requires otherwise.
3. Section 1 TERM is amended to read as follows:
The term of this Agreement is hereby extended for eight (8) years and
expires September 30, 2021. This Agreement is renewable for five -year
terms upon approval of both parties.
4. Section 14 is amended by adding the following to the end of the Section:
All equipment shall have an average age of seven (7) years or less.
5. WMIF shall provide to the City one hundred twenty -five (125) single
station BigBelly Solar powered compactors. WMIF shall provide fifty (50) solar
compactors to the City by December 31, 2012. WMIF shall provide forty -five (45) solar
compactors to the City by June 1, 2013. WMIF shall provide thirty (30) solar compactors
to the City by June 1, 2014. WMIF shall be responsible for the maintenance of the
BigBelly Solar powered compactors during the term of this Franchise Agreement and
will pay the costs associated with the electronic monitoring services for the compactors
during the term of this Franchise Agreement, or any extension thereof. If any compactor
fails to perform, due to any issue, other than vandalism or intervening acts of third
parties, WMIF shall repair such compactor, free of charge, within 30 calendar days of
receiving notice from the City or of WMIF becoming aware of the problem. WMIF shall
collect, as needed up to and including on a daily basis, the garbage at this location until
the compactor is repaired or replaced. Ownership of the BigBelly Solar Compactors shall
transfer to the City at the end of the initial eight -year term.
6. WMIF is authorized to utilize Ten Thousand. Dollars ($10,000.00)
annually of the in kind services dollars provided under this Agreement towards the
electronic monitoring services for the solar compactors.
7. Exhibit 1 to the Franchise Agreement is amended by adding the following:
SIDEWALK CANS: Waste Management currently picks up individual 30- gallon
cans along Atlantic Avenue, the beach area and Pineapple Grove. Out of a total of 104
containers, 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 it should be reimbursed for its
disposal costs that the Solid Waste Authority would otherwise charge the City. Since the
Solid Waste Authority does not reimburse Waste Management for these disposal costs, it
shall be the responsibility of the City to reimburse them.
K
The City will be billed $11,046.67 annually or $920.56 per month in arrears,
which will be computed as follows:
84 30- gallon containers picked up 6 times per week
$42 per ton disposal rate charge by SWA = $2.81 per cubic yard
30 gallon container = .15 cubic yards
35 -gallon compactor container =.9 cubic yards
84 containers X .15 cubic yards X 6 pickups per week X 52 weeks X $2.81 = 11,046.57
SUS SHELTERS: Effective September 1, 2012, Waste Management will no
longer charge the City for the collection of the garbage cans at the Bus Shelters. Waste
Management shall continue to collect from the current 47 municipal bus shelters and
begin to collect form an additional 23 municipal bus shelters at no charge, plus any
additional bus shelters, not to exceed 10, that may be constructed by the City during the
term, or any extensions thereof, of the Franchise Agreement. Waste Management shall
be compensated for the disposal of the debris to be calculated in the same manner as the
sidewalk cans. For the shelters that have compactors, the capacity shall be .9 cubic yards.
The list of the 70 Bus Shelter locations is attached.
The City will be billed $2191.80 annually or $182.65 per month in arrears,
which will be computed as follows:
64 30- gallon containers picked up once per week
6 35- gallon compactor containers picked up once per week
$42 per ton disposal rate charge by SWA = $2.81 per cubic yard
30- gallon container = .15 cubic yards
35- gallon compactor container = .9 cubic yards
64 containers X .15 cubic yards X 1 pickup per week X 52 weeks X $2.81 plus
6 containers X .9 cubic yards X 1 pickup per week X 52 weeks X $2.81 = $2191.80
The payment for the disposal component of the Sidewalk Cans and Sus Shelters shall be
recalculated whenever the number of sites or collection days change, or when the type of
container changes (30- gallon cans/solar compactors), or when the disposal cost changes.
If WMff decides to change out its fleet and use trucks that are powered
by Compressed Natural Gas (CNG) engines, WMIF agrees to replace the Fuel Surcharge
Table and the Department of Energy Diesel Fuel Price Index with a CNG Surcharge
Table and a CNG Price Index that reflect then current prices. WMIF also agrees that the
then current price of CNG fuel will be the baseline price from which the Fuel Surcharge
Table will be used to determine the percentage change in the rates charged to the
customer. It is understood between the parties that such a fleet change will take time and
money to accomplish and is not immediately planned, but is in the talking stage within
the Company.
9. WMIF agrees to indemnify, defend and hold harmless the City, with
regard to any claim, lawsuit or other cause of action that may be filed against the City as
a result of the City extending the term of the Franchise Agreement, including, but not
limited to the payment of the City's outside attorney fees and costs at the trial and
appellate levels. WMIF shall pay any compensatory damages awarded against City (but
not punitive, special or incidental damages) and fees and costs that may be awarded to a
plaintiff or claimant. However, WMIF's total obligation pursuant to this Section 9 shall
not exceed One Million Dollars ($1,000,000.00). In the event that WMIF is obligated to
defend or indemnify the City pursuant to this Agreement, WMIF shall be entitled to
assume the defense of such proceeding with counsel of its choice. WMIF will not be
liable to City under this Agreement for any fees of counsel if City elects to retain
additional counsel other than the counsel retained by WMIF as provided above. WMIF
shall not he obligated to defend and hold harmless the City with respect to proceedings
and claims brought voluntarily by City or instituted by City to enforce or interpret this
Agreement. WMIF further agrees that if any court of law should determine, through a
final and non - appealable judgment, that the franchise agreement between the parties
concerning the extension of the Franchise Agreement violates any statute, constitution or
law, then WMIF shall voluntarily agree to amend any portion of the franchise agreement,
as necessary to comply with the Court order. WMIF's agreement to indemnify, defend
4
and hold harmless the City shall be limited to any claims, lawsuit or other causes of
action that may be filed against City on or before September 30, 2021.
10. This Amendment No. 5 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 Agreement.
11. Except as expressly modified in writing herein or as modified by
subsequent written amendments, all other terms and conditions of the original Agreement
and any amendments thereto survive this Agreement and are deemed to be incorporated
herein and are binding on the parties.
This Space Intentionally left Stank
1J
IN WITNESS WHEREOF, the parties have executed this Amendment of the Solid Waste
and Recycling Collection Franchise Agreement on the day and year first hereinabove
written.
ATTEST:
City Clerk
Approved as to legal form
and sufficiency:
City Attorney
MAIN LMIRMIS
(name printed or typed)
"/ x ZM yc
-baw,t) z. ry]G LIC
(name printed or typed)
STATE OF FLORIDA
COUNTY OF PALM BEACH
CITY 0H)ELRA'Y B
M
Nelson S. McDuffie,
WASTE MANAGEMENT INC.
OF FLORIDA
By:
Timn , Vice President
(Corporate Seal)
A
The foregoing instrument was acknowledged before me thisfday of
5 em bf r, 2012 by a-fl V u)16 / as 6,- ef� dnnd (name of
of icer or agent, title of officer or agent), of Waste Management Inc. of Florida,
a Florida corporation, on behalf of the corporation. He is personally known to
me or has produced (type of identification) as ide tification.
�Gt��Y` -cam
otary Public, State of Flari
ROMINA VEGA
* * MY COMMISSION 0 EE 019003
EXPIRE$:000er 9, 2014
JfT'�OFFL�- '0.'1CT 8c%W Thru Budget Notary Services
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: Louie Chapman, Jr., City Manager
DATE: May 9, 2013
SUBJECT: AGENDA ITEM WS.5 - WORKSHOP MEETING OF MAY 14, 2013
CONTROLLED PARKING IN RESIDENTIAL AREAS
ITEM BEFORE COMMISSION
Discussion on controlled parking in residential areas, proposed eligibility and criteria for establishing
such areas.
BACKGROUND
Restricted parking areas are generally established primarily to help secure available parking for a
residential community while encouraging alternative parking plans for non - residents. Generally, these
programs govern the parking restrictions in residential communities located near or adjacent to corridors
that are high - traffic generators.
Residents of the Marina Historic District have requested that the Commission consider establishing a
"Resident Only" parking area for the entire district. It appears that this neighborhood is impacted by
special events and general patrons of area restaurants and retail businesses that are adjacent or in close
proximity to the district.
The focus of this discussion is to consider a list of standard criteria that could be employed throughout
the City. Such criteria could essentially allow controlled, designated areas within residential
neighborhoods by identifying it as an area needing control of parking in order to protect the
neighborhood from unreasonable burdens in gaining access to their residence and to preserve the
character of the residential neighborhood.
It is the intent of staff to present options for the Commission's consideration that would assist in
mitigating the following:
- Alleviating traffic congestion, illegal parking and related safety hazards.
- Maintain the residential character of neighborhoods.
The desire and need of the residents for residential permit parking.
For these purposes, staff reviewed the ordinances currently in -place for the City of Gainesville and the
Town of Palm Beach, Florida. We also surveyed the parking conditions within the Marina Historic
Distric on May 7th between 3:00- 4:OOpm and 9:30- 10:30pm and on May 8th between 11:00am to
12:OOpm.
Options: Proposed Procedure /Criteria for Controlled Parking in Residential Areas:
Requests may be made by the City Manager or petition from a majority of the households on a proposed
residential block to the City Manager, to study and determine if the area meets the criteria adopted.
Staff responsible for conducting required study of the areas based on the following criteria:
• When parking is impacted by commuter vehicles between 8:OOpm and 11:59pm on any day.
• When the number of vehicles parked legally or illegally, on the streets in the area is equal to
50% or more of the legal on- street parking capacity of the area. The legal parking space shall
be 20 linear feet measured parallel to the curb or pavement edge.
• When 25% or more of the vehicles parking on the streets in the area are not registered in the
name of a person residing in the area.
• If the criteria are met, and an area has been approved, it will be designated and posted as a
controlled residential parking area. It will be unlawful and a violation to park a non - resident
vehicle in an area restricted to permit parking without having a valid residential parking
permit displayed in the proper place on the vehicle.
• Residents may be offered temporary visitor parking permits that are renewable on an annual
basis.
• Establish a fair fee for both residential and temporary visitor parking permits.
Concerns /Challenges: Public Safety Issues:
• The Fire Department requires a 20' clear roadway access for emergency vehicles at all
times. Parking on both sides of the street may be an issue, especially in older developed
neighborhoods.
• Parking enforcement is currently being done by Police volunteers; their shift ends at
8:OOpm. Police resources may be an issue if multiple neighborhoods throughout the City are
approved as restricted parking areas. Determine whether police will issue citations or tow
cars without a permit (or both).
• Careful consideration must be given to the type and design of parking permits that may
govern different neighborhoods. Should we offer a discount on parking permits to
households that own more than one vehicle and do we offer the same, at no cost, to residents
with handicap license tags?
• We are not sure the City can mandate that all residents living within a restricted parking
area must purchase a parking permit. For example, a household that has sufficient private
parking with no need to use on- street parking.
• In some areas, parking impacts may be seasonal, weekend and /or during special event
activities only. Residents may want to participate on a permanent basis to eliminate any and
all conflicts within the neighborhood.
• City should consider whether to provide permits to businesses located in residential parking
area.
RECOMMENDATION
Commission direction to staff.
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MEMORANDUM
TO: Mayor and City Commissioners
FROM: Lula Butler, Director, Community Improvement
THROUGH: Louie Chapman, Jr., City Manager
DATE: May 8, 2013
SUBJECT: AGENDA ITEM WS.6 - WORKSHOP MEETING OF MAY 14, 2013
UPDATE ON THE GRADE LEVEL READING CAMPAIGN
ITEM BEFORE COMMISSION
Presentation by staff on the purpose, function and current focus of the Education Coordinator,
Commission - appointed Education Board and the status of the Grade -Level Reading Campaign.
BACKGROUND
The City's initial involvement in Delray Beach Schools began as a result of citizen input and conclusion
at the 1988 Vision 2000 Assembly. The policy statement in the consensus document stated: The schools
are becoming increasingly desegregated. School ties to the community are being jeopardized by busing
of Delray students out of the City. Areas where some of the schools are located are considered unsafe
and deteriorating. Further the Vision 2000 consensus statement identified specific action required by the
City, the School Board, and the business and civic communities.
Staff will provide a summary presentation of the history of both the Education Board and Education
Coordinator's role and responsibility as well as the City's role and current status on the Grade -Level
Reading Campaign. We have attached, for your reference, a summary fact sheet and a copy of the
PowerPoint presentation that staff will be using at the workshop meeting.
RECOMMENDATION
City Commission discussion and direction.
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MIII�
Delray Beach Education Initiatives
History of Education Actions in Delray Beach:
• 1990 "Sharing for Excellence" in Schools Comprehensive Plan adopted by City
Commission and the School District of Palm Beach County
• Three main issues: busing, overcrowding, construction of new schools out west to
keep up with development and coastal schools being ignored both in physical
conditions and performance
• Plan establishes a permanent Education Advisory Board
• Mostly addressed bricks and mortar projects
• Establishment of "choice" programs to help integrate school populations
Education Board Role f Duties:
• Advocacy: provide policy direction, liaise with schools through SAC assignment and
school district
• Community Awareness & Involvement: Public relations, links schools and
services with business and community resources
• Outreach: grant writing, program development, community partnership
• Gate Keepers: sounding board for special interest groups, parents, local schools,
administrators and teachers
Education Coordinator Position Created in 2001:
• Advocacy and relationship- building
• Provides cohesion and consistency in community
• Collaboration with School District and the community
• Creates an alignment of services and community strategies
• Connects schools with family, community, policy makers
• Writes grants and partners with non - profit agencies to benefit the children of Delray
Beach
• Civic Engagement: Residents Academy, Student Academy, Delray Beach Youth
Council, Florida City Government week
• Works on boundary, programs and other critical issues affecting schools in Delray
Beach in collaboration with the School District
11 Page
Campaign for Grade -Level Reading/ Current Area of Focus:
• Joined National Call to action in 2011
• Creates a Community Solution Action Plan that frames the challenges, goals,
strategies and action items
• City engages 40 residents to participate on Mayor's Collaborative Implementation
Team over six months to increase 3rd grade reading proficiency in Delray Beach
• City invited to participate in Scholastic's FACE Conference in New Orleans
• City officially Kicks -off Campaign on November 8th at Delray Reads Day
• City invited to promote CSAP at the National League of Cities national conference in
Boston
• Memorandum of Understanding (MOU) for Data - Sharing Agreement approved
November 2012 City and School Board
• National League of Cities selects Delray Beach as one of the 10 Cities to provide
technical assistance to help implement strategies outlined in CSAP
• City presented with Palm Beach County Literacy Coalition to promote CFGLR to
increase County -wide awareness and buy -in
• Created Collaborative Partnerships to install hardware to implement Digital Divide
• Partnering on 3 grant proposals with non - profit agencies
• Aligning summer camp academic component at 5 summer camps: ACCF, Beacon,
Pompey Park, Community Center, and Pine Grove serving 1,000 children
21 Page
MEMORANDUM
'A z
TO: Mayor and City Commissioners
FROM: Robert A. Barcinski, Assistant City Manager
THROUGH: Louie Chapman, Jr., City Manager
DATE: May 8, 2013
SUBJECT: AGENDA ITEM WS.7 - WORKSHOP MEETING OF MAY 14, 2013
DISCUSSION REGARDING SPECIAL EVENT POLICIES AND PROCEDURES FOR
STREET CLOSURES
ITEM BEFORE COMMISSION
As requested, this item is on the workshop agenda to discuss special events that require street closures,
in particular Atlantic Avenue, and to obtain City Commission comments and / or direction for changes
to process or procedures for approval.
BACKGROUND
The background information attached is as follows:
• Special Event Policies and Procedures and a highlighted summary of same.
• Month by month analysis of events illustrating those that close Atlantic Avenue, events that close
other streets and events that require no street closures.
This analysis projects dates of events for next fiscal year based on current year dates and notifications
received at this time to hold dates for next year's events. A (T) after a date is a tentative date for next
fiscal year.
Additional Information:
• Last year was the first year approval was given to close a portion of NE 2nd Avenue for the Garlic
Fest.
• Twilight Bike Festival is requesting event dates that fall on the weekend before Easter. This event
would then fall in different months in the future as does the Delray Affair, which is the weekend
after Easter.
. Starting this year, there will not be an "On the Ave" on the day before the 4th of July; it is being
incorporated on the July 4th event day.
Observations from month to month analysis:
• From May through September: There are only two (2) dates where a portion of Atlantic Avenue is
closed.
• October through March: At most, there are three (3) dates in a month where a portion of Atlantic
Avenue is closed; none in February.
• April: Most dates that a portion of Atlantic Avenue is closed is four (4).
• Most events have been in existence for over three (3) years.
RECOMMENDATION
Provide staff direction as to any changes Commission may want to the Special Event Policies and
Procedures or processes.
CITY OF DELRAY BEACH
SPECIAL EVENTS
POLICIES & PROCEDURES
REVISED 1.0.1..1.2
I. Definitions
A) Special Event — A special event is a non - routine happening or social activity
bringing people together in a defined area on City facilities, right of way, or
private property which requires City services to ensure safety and coordination.
Special events include activities such as festivals, concerts, sporting events,
parades, walks and runs, etc. This definition does not apply to events held at the
Tennis Center, which require a separate contract.
B) Producer — An organization that is responsible for all aspects of an event or
performance (advertising, marketing, talent costs, insurance, hold harmless
agreement, etc.) and is responsible for all revenue and expenses for that event.
C) Sponsor — A business, organization, agency or individual who gives cash or in-
kind product or service to support a producer of an event or production by
agreement, for the benefit of that agency, business, organization or person.
II. Types of Events
A) Major Event — An event of one or more day duration with a cost of over $12,000
for City services, staff overtime and equipment use.
B) Intermediate Event — An event of one or more day duration with a cost of
between $1,500 and $12,000 for City services, staff overtime, and equipment use.
C) Minor Event — An event of one day or less duration, with a cost of under $1,500
for City services, staff overtime, and use of equipment.
IH. General Policies
A) Event producers are required to obtain all City, State, County and Health
Department permits, licenses and/or inspections as may be needed.
B) Event producers are responsible for submitting in writing permission as may be
required from other governmental agencies, private property owners, and
designated managers of City property including Old School Square for use of
their sites for an event.
i3:htiwdata\Special Event RcyuesMpecial Event Policies and Procedure REVISED Final 10.1,12.doc
C) Event producers are responsible for overall event planning and management,
promotion, marketing, advertising, entertainment, and vendor selection. The
event producer is responsible for actions of their vendors. City assistance may be
provided in promoting the event on its web site and other printed publications.
D) Only three (3) major events will be allowed per month, including a major event
held at the Tennis Center.
E) A major and intermediate event will not be allowed on the same day.
F) No more than two (2) intermediate events will be allowed within the same week.
G) Only four (4) intermediate events will be allowed in a month where there is a
major event and only five (5) will be allowed in a month without a major event.
H) Multiday and/or single day events will only be allowed three (3) weekends
(Saturday and Sunday) in any given month.
I) City staff will assist in obtaining parking lot use agreements from the County and
CRA as may be needed.
Event producers or their contractors are required to submit required certificates of
insurance, to include liquor liability when applicable, hold harmless agreements,
and any required cash bonds or deposits to the City at least two (2) weeks before
the event. New events will be required to make nonrefundable deposit in an
amount as may be determined by City Commission at least tin-cc (3) weeks prior
to the event.
K) All events except for minor events and 5K vans are required to attach to the event
application a copy of the Arts and Economic Impact Calculator showing
economic impact as obtained on line at www.AmericansForTheA- ls.org.
L. Minor events and neighborhood block parties will be approved or disapproved at
the staff level; all other events will be approved by the City Commission.
IV. Special Event Permit Submittal Requirements
A) Submittal Time —
Maior Event -- Initial requests including permit application and all back
up material, must be submitted to the City Manager or his designee at least
120 days prior to the event, but not more than 12 months in advance.
2. Intermediate Event -- Initial requests including permit application and all
back up material must be submitted to the City Manager or his designee at
least 90 days before the event, but not more than 12 months in advance.
Page 2 of 8
3. Minor Event — Initial requests including permit application and all back
up material must be submitted to the City Manager or his designee at least
45 days prior to the event, but not more than 12 months in advance.
B) Submittal Requirements
1. All Events
• City of Delray Beach Special Event Permit
• Event budget to include revenues and expenses and previous year's
actuals if not a new event
• Site Plan
• Economic Calculator if not a 5/10K Run or minor event
• Certificate of Event Liability Insurance naming the City as a
certificate holder and additional insured
• Hold Harmless Agreement
2. The following additional items may be required based on the size and nature
of the event:
• Parking plan
• Traffic plan
• Private security plan
• Alcohol control plan
• Police security plan
• Pyrotechnic permit submittals shall be submitted to the Fire -
Rescue Department at least 30 days prior to the scheduled display.
• Alcohol Liability Insurance
• Maintenance /cleanup plan
• Entertainment schedule
• Load in and take down schedule
• Public Health Department Inspection
All events shall be subject to compliance with Chapter 99 of the City's Code of
Ordinances entitled "Noise Control."
C) Event staffing
1, Police —police or other trained non -sworn personnel maybe required
a. At the discretion of the Chief of Police or his/her designee based upon
projected attendance numbers, type of event, traffic /pedestrian concerns,
geographic location and site layout.
Page 3 of 8
b. Mandatory police personnel are required for events where alcohol is served
or sold by the event producer, event vendor, or other businesses within the
event foot print.
Event producers may through agreement with the Police Department, substitute or
add whenever possible private security for certified police officers.
2. Fire — mandatory staffing may be required as determined by the Fire Chief or
his/her designee in consultation with the City Manager or his designee
normally when the total estimated crowd at anyone time in the venue area
exceeds 2,500 people. However, staffing requirements must take into account
venue risks, type of activity, and other safety considerations in addition to the
size of the event.
If the Police/Fire Department determines that there is no undue risk to public
safety, then Police/Fire staffing of the event is not necessary.
3. Parks Maintenance — Parks Maintenance staff will provide assistance when
Requested for event site cleanup and trash collection and disposal. Event
producers may substitute this function with volunteers and/or private
contractor with City approval. Parks Maintenance staff will also set up and
take down City stages when requested.
4. Public Works — Public Works staff working with the event producer will
prepare and submit required FDOT permits for street closures, under the
direction of a certified MUTCD, will install barricades, message boards and
arrow boards, as needed, will prepare event signage when requested and
approved, will set up portable light towers and generators and will provide a
City electrician when needed.
V. Event Payment for City Services
A) City Produced or Co- Produced Events — There are no charges levied for any
City services or rentals for City produced or co-produced events.
B) Old School Square Inc. and Delray Beach Marketing Cooperative -- Events
produced by Old School Square Inc or the Delray Beach Marketing Cooperative
are required to pay 50% of City staff overtime costs plus 100% of other costs as
indicated in paragraph C.
C) All other Events - All other event producers, whether a nonprofit or for a profit
private producer, will be required to pay 100%-of all City staff overtime costs.
The event producer is also required to pay 100% of land and /or equipment rental,
signage, stage rentals, trash boxes and liners, and vehicle towing costs.
Equipment rentals include but are not limited to barricades, message boards,
arrow boards, tables, chairs, tents, light towers, portalts and portable generators.
Page 4 of 8
In addition, event producers will be required to pay for any site damage caused by
their event, pressure cleaning, and any other site cleanup necessary, plus any fines
that may be levied.
Payment to the City is due within sixty (60) days of receipt of the City invoice.
Failure to pay within this time frame could be grounds for denial of future events.
D) New Events — New events will be required to pay a deposit in an amount and
time, prior to the event, as may be specified by City Commission.
E) Administrative -- All event producers are required to pay a 5% administrative
fee of the total of City staff overtime costs.
F) Events that include food preparation and service vendors shall at the
discretion of the City:
o Provide a container of adequate capacity designed for grease and oil
collection containers, the contents of which shall be legally disposed of by
a certified hauler.
Provide a dumpster of sufficient size and type for garbage and trash
collection, contents of which shall be disposed of by a certified hauler.
The above are the sole responsibility of the event producer.
G) Permit Fees - Event processing permit fees will be charged as follows and are
non - refundable:
1. Minor event $ 75.00
2. Intermediate Event $150.00
3. Major Event $250.00
4. Permit fee due at time of application submittal.
Above payment structure does not include charges that may be contracted for use
of Old School Square, Tennis Center or City Park. Charges specified in contracts
for these sites may be different from and /or in addition to the above schedule.
VI. Parking
A) Reserved Parking: Event producers may request use of City owned surface lots
for feseived parking. Requests need to be in writing and/or on the site plan
included in the event permit package.
B) Paid Parkin: The City, at its discretion will determine, based on event impact,
whether or not it (City) will charge for parking in City owned parking garages,
City owned surface lots and in the County Parking Garage. Revenue from said
parking will be retained by the City to offset operating costs of parking lots.
Page 5 of 8
C) Community Redevelopment Agency Parking Lots: Requests to use parking
lots owned by the Delray Beach Community Redevelopment Agency for reserved
parking or paid parking are to be made in writing to Delray Beach Community
Redevelopment Agency, 20 North Swinton Avenue, Delray Beach, FL 33444.
D) Palm Beach County/South County Court House Parking Garage: By
agreement with Palm Beach County, the City of Delray Beach, the Delray Beach
Public Library or the Delray Beach Community Redevelopment Agency may
request use of the South County Court House Parking Garage for paid or free
parking. The County requires both the approval of the City and Library for its
use. The County requires that this lot be manned by a professional parking
management company that is bonded or by the City if manned by a certified
Police Officer. Any requests to utilize this garage must be made to the City and
the Library. Palm Beach County does not allow the use of this garage during
normal courthouse operating hours and requires reservation of spaces after hours
and weekends if their employees are working in the Courthouse.
E) Delray Beach Public Library Surface Lot: Requests for use of this lot need to
made directly to the Delray Beach Public Library, 100 West Atlantic Avenue,
Delray Beach, FL 33445, with a copy to the City.
VII. Neighborhood Block Parties - Permit applications for neighborhood block parties will be
reviewed by the City Manager or his designee. Consideration of approval will be based
upon the following policies:
A) Permit applications must be received in writing by the City Manager's Office at
least 30 days prior to the event.
B) Permit applications must be submitted by the Homeowners Association or where
there is no Homeowners Association by other individuals with a petition signed
by 51% of the homeowners who live on the block.
C) Approvals will only be given for a one (1) block area.
D) Consumption or sale of alcohol on City rights -of -way will not be permitted.
E) Structures other than barricades are not allowed in the City rights-of-way.
F) Homeowners Association will be required to pay all overtime costs that may be
incurred.
G) Impacts due to other events will be considered in approval process.
H) Applications will not be approved for any activity past 10 p.m.
Page 6 of 8
1) Approvals will not be given for individual homeowner sponsored parties or
events.
VIII. Grounds for Denial of Permit - Permit applications shall be reviewed by the City
Manager or his/her designee within thirty (30) days of submission of the permit
application. Permits may be denied for any of the following reasons:
A) The application for permit (including any required attachments and submissions)
is not Riliy completed and executed;
B) The applicant has not complied with Event Policies and Procedures;
C) Submittal of permit application less than the minimum submittal day requirements
per section IV (A);
D) The applicant has not tendered the required application fee with the application or
has not tendered the required user fee, indemnification agreement, insurance
certificate, or security deposit within the times prescribed by the Assistant City
Manager or his/her designee;
E) The applicant has not tendered the required fee, or a portion thereof, for prior
year's events;
F) The application for permit contains a material falsehood or misrepresentation;
G) The applicant is legally incompetent to contract or to sue and be sued;
H) The applicant or person on whose behalf the application for permit was made has
on prior occasions damaged municipal property within the City of Delray Beach
and has not paid in full for such damage, or has other outstanding and unpaid
debts to the City of Delray Beach;
1) A fully executed prior application for permit for the same time and place has been
received, and a permit has been or will be granted to a prior applicant authorizing
uses or activities which do not reasonably permit multiple occupancy of the
particular municipal property or part hereof,
J) The use or activity intended by the applicant would conflict with previously
planned programs organized and conducted by the City of Delray Beach and
previously scheduled for the same time and place;
K) The proposed use or activity intended by the applicant would present an
unreasonable danger to the health or safety of the applicant, or other users of the
park, of City Employees or of the public;
Page 7 of 8
L) The applicant has not complied or cannot comply with applicable licensure
requirements, ordinances or regulations of the City concerning the sale or offering
of any goods or services;
M) The use or activity intended by the applicant is prohibited by law, by the City's
Code of Ordinances or by these regulations.
N) The applicant's staffing/parking needs cannot be met by the City.
IX. Appeal Process - Permit denials may be appealed in writing to the City Commission
within. fifteen (15) days of the denial. The City Commission must render a written
decision within ten (10) days after the City Commission meeting at which the appeal was
considered. If the City Commission upholds the permit denial for an event, regardless of
classification, then the applicant may appeal the City Commission's decision to the
Circuit Court of Palm Beach County within thirty (30) days.
Page 8 of 8
HIGHLIGHTS
SPECIAL EVENTS POLICIES AND PROCEDURES
Event Costs: All event producers, private or non profit
• Pay 100% of City overtime costs
• All pay 100% of equipment rental costs
• Pay 5% of overtime Administrative fee to cover non - overtime staff costs
• Exception to above: Delray Center for the Arts and Delray Beach Marketing
Cooperative pay 50% of overtime cost
• No charges for City produced, sponsored or co-sponsored events
Event Permit Fees: Charged to offset permit processing costs
• $75 — under $1,500 City costs (Minor)
• $150 - $1,500 to $12,000 City costs (Intermediate)
• $250 - $12,000 and above City costs {Major)
Key General Policies:
• Only 3 Major events allowed in one month, includes Tennis
• Multi -day and /or single day events only allowed 3 weekends a month (Sat /Sun)
• No more than 2 Intermediate events same day
• Limit reserved parking for event producers
• New events pay up front deposit as may be specified by City Commission (using
50% of costs as guide)
UAN"WatOpecial Event Request\Highlights Spccial Fwnts 5.6.13.doas
EVENT SUMMARY
OCTOBER
I, Events I Street Closure Atlantic Avenue:
10/17 —.On the Ave, Thursday (20+ years)
• Swinton to west side 5th Ave, 4PM — I 1 PM
• Producer: Delray Beach Marketing Cooperative / non - profit
10127 — Halloween Parade, Saturday (50 years)
• Rolling street closure, OSS Park to Veterans Park, IPM — 2PM
• Producer: Delray Beach Rotaiy Club / non - profit
II. Events / Closure other Streets:
1015 & 10 /6 (T) — Downtown Delray Craft Festival (Howard Alan), Saturday &
Sunday (19 years)
• SE 4th and NE 40' Avenue, Atlantic to SE and NE 1St Streets, Atlantic open
• Producer: American Craft Endeavors / private
10 /12 — AVDA 5K/I OK Walk/Run (14+ years)
• A -1 -A Bucida to George Bush portion of Gleason and Casurina
• Producer: Aid to Victims of Domestic Abuse / non - profit
III. Other Events / No Street Closures:
10/12 — Delray Bash, OSS Park, Friday, 7PM — 9:30PM (3 years)
• Producer: American Lung Association / non- profit
10/12,10/17 & 10126 — Delray Center for the Arts Concerts, Friday nights, 7PM —
IOPM (3 years)
• Producer: Delray Center for the Arts / non - profit -
10126 (T) — Kids Fest, Veterans Park, Saturday 1PM — 4PM (15 years)
• Producer: City Parks and Recreation Department
10/26 & 10/27 — Delray Art League Show, Delray Beach Center for the Arts,
Saturday and Sunday
• Producer: Delray Art League / non - profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Stulday
1
0
1
0
Other Road Closures
Thursday
Friday
Saturday
Su nday
0
0
2
1
U,lwwdata\Special Event ReguestlEvent Summary 5.6.13.docx l of 10
NOVEMBER
I. Events / Street Closure Atlantic Avenue:
1119 & 11/10 — Wine and Seafood Festival, Saturday & Sunday, 2AM Saturday
until 10PM Sunday (2 years)
• Atlantic closed east of bridge to Salina
• Producer: Greater Delray Beach Chamber of Commerce / private
11. Events / Closure other Streets:
11116 (T) — Turkey Trot, Saturday (27 years)
• A -1 -A closed Bucida to George Bush Blvd., 6AM — 11AI\4
• Producer: City Parks and Recreation Department
11/16 & 11/17 --- Chris Evert Tennis Tournament (7+ years)
• NW 1St Avenue —Atlantic to NW 1St Street
• Producer: Chris Evert Charities / City Sponsored
11 /30 & 12 /1 (T) — Downtown Delray Craft Festival (Howard Alan), Saturday &
Sunday (6 years)
• NE /SE 4'11 Avenue, 2 blocks north and south of Atlantic Avenue
• Producer: American Craft Endeavors/ private
III. Other Events 1 No Street Closures:
1111,1118,11115,11122,11129 — Delray Center for the Arts Concerts, Friday
night, 7PM — l OPM (3 years)
•
Producer: Delray Center for the Arts / non - profit
11123 & 11124 — Delray Art League Show, Delray Beach Center for the Arts,
Saturday and Sunday
• Producer: Delray Ail League / non - profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Sunday
0
0
1
1
Other Road Closures
Thursday
Friday
Saturday
I Sunday
0
0
3
1 2
UAN"vdata\Special Event Request\ vent Sanunary 5.6,13.docx 2 of 10
DECEMBER
I. Events / Street Closure Atlantic Avenue:
12/5 — Christmas Tree / On the Ave, Thursday (15+ years)
• Atlantic Avenue, Swinton to NE /SE 5th Avenue 3:30PM — 10 :34PM
• Producer: City and Delray Beach Marketing Cooperative
12/6 (T) — Boat Parade, Friday (25+ years)
• Only bridge / Atlantic Avenue, a couple of hours
• Producer: Boynton Beach CRA 1 City
12/11 -- Annual Holiday Parade, Saturday (30+ years)
• Atlantic Avenue A -1 -A to NW /SW 5"' Avenue, 4PM — 9:30PM
• Producer: City and Greater Delray Beach Chamber of Commerce / private
12/31— First Night, Tuesday (16+ years)
• Atlantic NE /SE 7"' Avenue to Swinton and various side streets including
NW 1St Avenue Atlantic to NW 1St Street — staggered times, see attached
(Needed for setup)
• Producer: City
11. Events / Street Closure other Streets:
12/20 (T) — Christmas Give Away, Friday (2 years)
• SE 2nd Avenue, SE 2"d Street to SE 3rd Street, 1PM — 9PM
• Producer: Double Action Caribbean Grocery / private
12/28 & 12129 (T) — Downtown Delray Craft Festival (Howard Alan), Saturday
& Sunday (6 years)
• NE /SE 4"' Avenue from NE 2nd Street to SE 2nd Street (By passes and
Atlantic stays open) 8AM Saturday to 7PM Sunday
• Producer: American Craft Endeavors / private
111. Other Events / No Street Closures:
12/6, 12/13,12/20,12/27 — Delray Center for the Arts Concerts, Friday night,
7PM —10PM (3 years)
• Producer: Delray Center for the Arts / non -profit
12/15 & 12/16 — Delray Art League Show, Veterans Paris, Saturday and Sunday
• Producer: Delray Art League / non - private
Atlantic Avenue Closed
Thursda y
Friday
Saturday
Sunda
Tuesday
1
1
1
1 0
1
Other Road Closures
Thursday
Friday
Saturday_
Sunday
Tuesday
0
1
1
1
0
U:IwwdatASpecial Event Kequesff -vent Summary 5.6.13.docx 3 of 10
JANUARY
I. Events / Street Closure Atlantic Avenue:
1/18 & 1/19 (T) — Downtown Delray Craft Festival (Howard Alan), Saturday &
Sunday (24 years)
• Atlantic from Andrews Avenue to NE /SE 6"' Avenue, 7AM Saturday to
IOPM Sunday
• Producer: American Craft Endeavors / private
1/25 (T) — Fashion on the Avenue, Saturday (3 years)
• Atlantic Avenue Swinton to SE 3rd, 4PM -- l OPM
• Producer; Luxe Partners Inc., private / Downtown Development
Authority
II. Events / Closure other Streets:
None
III. Other Events I No Street Closures:
113, 1110, 1117, 1131-- Delray Center for the Arts Concerts, Friday night, 7PM —
lOPM (3 years)
• Producer: Delray Center for the Arts / non - profit
1/25 & 1/26 -- Delray Beach Art League Show, Veterans Park, Saturday and
Sunday
• Producer: Delray Art League / non - profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Sunday
0
0
2
1
U kwwdatalSpecial Event Request\Event Sununary 5.6.13.docx 4 of 10
FEBRUARY
I. Events / Street Closure Atlantic Avenue:
None
II. Events I Closure other Streets:
2/1 & 2/2l (T) — Annual Downtown Craft Festival (Howard Alan), Saturday and
Sunday (16 years)
• NE 2nd Avenue from alley north of Atlantic to south of City Walk
driveway, 8A11rI Saturday to 7PM Sunday
• Producer: American Craft Endeavors / private
2/7, 2/8, 2/9 — Garlic Fest, Friday, Saturday, Sunday (15 years)
• Swinton at Atlantic north to NE l" Street and NE 2nd Avenue from alley
north of Atlantic to south side City garage (last year was first year for this
closure) 6AM Thursday to 11 PM Sunday
• Producer: Delray Beach Amts, Inc. / private
2/14 through 2/23 — Champions I ITC Tennis Tournament, Friday through 2Rd
Sunday (14 years)
• NW 1" Avenue Atlantic to NW I" Street and west bound NW 1't Street to
NW I5t Avenue
• Producer: Match Point Inc., private / City sponsored
III. Other Events / No Street Closures:
2/1 (T) — All American Tailgate Party Saturday, (3 years)
• OSS Park and grounds
• Producer: Greater Delray Beach Chamber of Commerce, private,
Education Foundation and Achievement Center for Families and Children
/ non -profit
2/8 & 2/9 — Delray Art League Show, Grounds at Delay Beach Center for the
Arts
• Producer: Delray Art League / non -profit
2122 & 2/23 — Delray Art League Show, Veterans Park
• Producer: Delray Art League / non - profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Sunda
0
0
0
0
Other Road Closures
Thursday
Friday
Saturday
Sunday
1
2
2
2
Monday
Tuesday
Wednesday
1
1
1
U:1w,%vdata4Specia1 Event RequestTvent Summary mary 5.6.13.docx 5 of 10
�6I
I, Events / Street Closure Atlantic Avenue:
3/15 — Saint Patrick's Day Parade, Saturday (46 years)
® Atlantic Bronson to NW /SW 5th Avenue I IAM --- 6PM
• Producer: Was Delray Beach Arts, Inc., proposed for 2014, County Fire
Union / non - profit
3/27 (T) — Savor on the Avenue, Thursday (5 years)
• Swinton to NE /SE 5t1' Avenue, 2PM — l OPM
o Producer: Boca Raton and Delray Beach Magazine, private / Downtown
Development Agency
II. Events / Closure other Streets:
None
III. Other Events / No Street Closures:
3/8 & 3/9 (T) -- Delray Art League Show, Veterans Park
® Producer: Delay Art League / non - profit
3/13 (T) — Delray Beach Home Tour, Thursday (14 years)
• At various homes, beach side
• Producer; Achievement Center for Families & Children / non - profit
3/22 & 3/23 (T) --- Delray Art League, Delray Beach Center for the Amts grounds
Producer: Delray Art League / non -profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Sunday
1
0
1
0
U:lwwdaWSpecial Event Request\Event Summary 5.6.13_docs 6 of 10
APRIL
I. Events / Street Closure Atlantic Avenue:
4/12 — Twilight Bike Festival, Saturday (3 years) (now requesting weekend before
Easter)
• Atlantic Avenue, NW/SW 1St Avenue to Railroad, Railroad to NE l st
Street /NE 1St Street Railroad to NW 1st Avenue / NW 1St Avenue to
Atlantic 4PM - Midnight
• Producer: RAC Event Productions /private
4125, 4/26, 4127 —Delray Affair, Friday, Saturday, Sunday (52 years)
• Atlantic from Palm Square to SW 2nd Avenue
• Also side streets NIS of Atlantic to alleys 4AM April 25 to 8PM April 27
• Producer: Greater Delray Beach Chamber of Commerce / private
11. Events / Closure other Streets:
4113 (T) Multicultural Festival, Sunday (2 years)
• NW 3rd Avenue /NW 2nd street to NW 3`d Street, 7AM — 6PM
• Producer: Daughters of Zion Jr. Academy / non -profit
4/18 (T) — Stations of the Cross, Friday (10+ years)
• Various streets SW area (rolling closure)
• Producer: Our Lady of Perpetual Help Church / non -profit
4/20 — Easter Sunrise Service, Sunday (50+ years)
• A -1 -A Atlantic to Miramar 6AM — 8AIVI
• Producer: Delray Beach Interfaith Clergy Association/ non - profit
111. Other Events / No Street Closures:
4113 — Barefoot by the Sea, Sunday
• On the grounds of Sandoway House and Ingraham and Sandoway parking
lots
• Producer: Sandoway House and Palm Beach County Historical Society I
non - profit
4119 (T) — Earth Day, Saturday (3 years)
• On grounds of OSS Park
• Producer: City event
4/19 & 4/20 (T) — Relay for Life, Saturday and Sunday
• Veterans Park
• Producer: American Cancer Society / non - profit
U:iwwdatApeciat Event Requesffivent Summary 5.6.13.docs 7 of 10
APRIL - continued
MAY
Atlantic Avenue Closed
Thursday
Friday
Saturday
Surday
0
1
2
1
Other Road Closures
Thursday
Friday
Saturday
Sunday
0
1
0
2
I. Events / Street Closure Atlantic Avenue:
518 (T) — On the Ave, Thursday (15+ years)
• Atlantic Avenue from Swinton to NE /SE 5`h Avenue, 4PM — 11PM
• Producer: Delray Beach Marketing Cooperative / non - profit
II. Events I Closure other Streets:
5/17 (T) — Firefighter EMC Patrie 5K Run/Walk, Saturday (2 years)
• A -1 -A / Bucida to George Bush Blvd, 6AM —10AM
• Producer; Delray Beach Firefighters and Paramedics Benevolent / non-
profit
5/24 & 5/25 (T) — Downtown Delray Beach Craft Festival (Howard Alan),
Saturday and Sunday (17 years)
• NW 3rd Avenue from Atlantic north about %2 block, 7AM Saturday — 4PM
Sunday
• Producer: American Craft Endeavors / private
III. Other Events I No Street Closures:
513 (T) — Cinco de Mayo, Saturday
• On the grounds the Delray Beach Center of the Arts
• Producer: Hispanic Latino Cultural Council / non - profit
5/17 (T) — Delray Center for the Arts Beer Festival, Saturday
• On the grounds the Delray Beach Center of the Amts and OSS Park
• Producer: Delray Beach Center for the Arts /.non-profit
Atlantic Avenue Closed
Thursday
Friday
Saturday
Sunday
1
0
0
0
Other Road Closures
Thursday
Friday
Saturday
Sunday
0
.0
2
1
U_hxwdata\Special Event Request\Event summary 5.6.13.docx 8 of 10
JUNE
JULY
None
I. Events I Street Closure Atlantic Avenue:
7/4 —Fourth of July Celebration, Wednesday (30+ years)
• A -1 -A —Thomas Street to Miramar and Atlantic A -1 -A to NE /SE 7th
Avenue, 2PM - Midnight
• Producer: City of Delray Beach
II. Events / Closure other Streets:
None
III. Other Events / No Street Closures:
None
Atlantic Avenue Closed
Wednesday
Thursday
Friday
Saturday
Sunday
1
0
0
0
0
Other Road Closures
Wednesday
Thursday
Friday
Saturday
Sunday
1
0
0
0
0
U:1wwdaWSpecial Event RequesOEvent Summary 5.6.13.docx 9 of 10
AUGUST
I. Events / Street Closure Atlantic Avenue:
None
II. Events / Closure other Streets:
8/9 (T) — On the Ave, Friday, (3 years this location)
• SW/NW 51 Avenue, 1 block south and 2 blocks not of Atlantic Avenue,
4PM — 11PM
• Producer: Delray Beach Marketing Cooperative / non - profit
III. Other Events I No Street Closures:
8/7 & 8/8 (T) — Tastemakers, Thursday & Friday (3+ years)
• Inside Restaurants
• Producer: Downtown Development Agency
8116 — Family Fun Day, Saturday (11 years)
• Pompey Park
• Producer: City Parks and Recreation
Other Road Closures
Thursday
Friday
Saturday
Su_ nday
0
0
1
1
SEPTEMBER
I. Events / Street Closure Atlantic Avenue:
None
II. Events I Closure other Streets:
None
III. Other Events / No Street Closures:
9/20 (T) — EVP Tour (Professional Volleyball Tournament)
• On the beach from Atlantic Avenue south
• Producer: EVP Tour Sports Endeavors, private / Delray Beach Marketing
Cooperative / non -profit
UftwwdataNSpecial Event Reguest\Event SununM 5.6.13.docx 10 of 10