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Res 23-14 RESOLUTION NO. 23-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING A CONTINUITY OF SERVICES AND SETTLEMENT AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA TO PROVIDE FOR THE CONTINUATION OF GARBAGE AND RECYCLING COLLECTION SERVICES WHILE THE CITY ENGAGES IN A COMPETITIVE SOLICITATION; DECLARING BY A FOUR-FIFTHS AFFIRMATIVE VOTE THAT THE CITY'S SEALED COMPETITIVE METHOD OR WRITTEN QUOTATIONS PROCUREMENT METHOD FOR THE TEMPORARY CONTINUATION OF SERVICES IS NOT IN THE BEST INTEREST OF THE CITY;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Waste Management Inc. of Florida ("WM") has provided solid waste services, vegetative waste and recycling collection services to the City (the "Services") pursuant to a Franchise Agreement with the City, which has been amended five times (the original agreement and the five amendments are collectively referred to as the "Franchise Agreement");and WHEREAS, a dispute arose between the City and WM regarding the validity of Amendment No_ 5 to the Franchise Agreement, which purported to extend the Franchise Agreement for an additional eight years through September 20, 2021;and WHEREAS,the City fled a declaratory action in Palm Beach County Circuit Court to seek a judicial determination as to the validity of Amendment No. a (Case No. 502013CAO11392);and WHEREAS, on March 28, 2014, the Honorable Judge Meenu Sasser issued an Order granting the City's Motion for Summary judgment declaring that the eight year extension of the Franchise Agreement is void because it violated the City's Procurement Code; and WHEREAS,the City and WM desire to enter into the Continuity of Services and Settlement Agreement, attached as Exhibit "A", to provide for the uninterrupted continuation of Services to City residents under the specified terms and conditions while the City engages in a competitive solicitation for garbage, recycling and related collection services in accordance with the City's Procurement Code; and WHEREAS, utilization of the City's competitive procurement methods for the temporary uninterrupted continuation of services is not practical or cost effective due to the City's immediate need for the Services and the City's forthcoming engagement in a competitive solicitation for the collection services that will utilize and comply with the competitive procurement methods authorized by the City Code;and WHEREAS, Section 36.02(C)(11) of the City Code provides that the City may acquire or contract for non-real property, goods or services without utilizing a Sealed Competitive Method or the Written Quotations Method where the City Commission declares by at least a four-fifths (4/5) affirmative vote that the Sealed Competitive Method or the Written Quotations Method is not in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH,FLORIDA,AS FOLLOWS: Section 1. That the foregoing"WHEREAS" clauses are ratified and confirtned as being true and correct factual findings and are inade a specific part of this Resolution. Section 2. The City Commission of the City of Delray Beach hereby declares, by a minimum four-fifths affirmative vote, that the City's Sealed Competitive Method or Written Quotations procurement Method is not in the best interest of the City. The City Commission declares that the attached Continuity of Services and Settlement Agreement,which provides for the uninterrupted continuation of crucial Services to City residents while the City engages in a Competitive Solicitation,is in the best interest of the City. Section 3. The City Commission of the City of Delray Beach hereby approves the Continuity of Services and Settlement Agreement, attached as Exhibit "A", and authorizes the Mayor to execute the Continuity of Services and Settlement Agreement, together with such non- substantial changes as are acceptable to the Mayor and approved as to form and legal sufficiency by the City Attorney. Section 4. The City Manager is authorized to do all things necessary and expedient to carry out the aims of this Resolution. Section 5: This Resolution shall take effect immediately upon adoption- 'AND ADOPTED ddsLLyaay of 1 AYOR ATTEST: r Q Cb y�qt.. ity Cle' 2 Res No. 23-14 INTERIM SERVICE AGREEMENT TIVS IS AN INTERIM SERVICE AGREEMENT ("Agreement") made and entered into this day of �O , 2014, by and between the City of Delray Beach, Florida, a political subdivision of the St to of Florida("City") and Waste Management Inc. of Florida, Inc., a Florida corporation("WM"). WITNESS: WHEREAS, WM has provided solid waste services, vegetative waste and recycling collection services to the City (the "Services")pursuant to a franchise agreement with the City dated September 20,2001, which has been amended five times; and WHEREAS, a dispute arose between the City and WM regarding the validity of Amendment No. 5 to the franchise agreement, which purported to extend the franchise agreement for an additional eight years through September 20,2021 ("Amendment No, 5"); and WHEREAS, the City filed a declaratory action in Palm Beach County Circuit Court to seek a judicial determination as to the validity of Amendment No. 5; and 'WHEREAS, on March 28, 2014, the Honorable Judge Meenu Sasser issued an Order granting the City's Motion for Summary Judgment declaring that the eight year extension of the franchise agreement is void because it violated the City's Procurement Code;and WHEREAS, the City and WM desire to enter into this Agreement to provide for the interim provision of Services to City residents and businesses while the City engages in a competitive solicitation in accordance with the City's Procurement Code (the "Competitive Solicitation");and WHEREAS, the City and WM agree that the Services to be provided during the interim period shall be in accordance with the terms and conditions of the franchise agreement, dated September 20, 2001, Amendment Nos. 1-4 of the franchise agreement (copies of the original fanchise agreement and Amendment Nos. 1-4 are attached and hereby incorporated into this Agreement as Exhibit"1", and are collectively referred to as the"Franchise Agreement") and the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged and agreed upon,the parties agree as follows: 1 Regular Meeting May 6,2014; Item 9.A 1. RECITALS. The foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct, and are hereby incorporated by reference as a specific part of this Agreement. 2. INTERIM SERVICE. The City and WM agree that WM shall provide the Services to the City from March 28, 2014, through October 31, 2014 (the "Interim Service Period"). The Interim Service Period may be extended on a month to month basis upon written agreement of the City Commission and WM for a maximum of 3 months (the "Extension Period"). During the Interim Service Period, and any Extension Period, WM shall perform the Services, and the City shall compensate WM for the Services, in accordance with the terms and conditions of the Franchise Agreement, except that: A. Service Charges and Fees. Any Service charges or fees charged by WM to the City or to any residential or commercial customer shall be in accordance with the rates set forth in City Ordinances 25-13 and 36-13, as reflected in the Rate Schedule attached and incorporated into this Agreement as Exhibit "2", subject to adjustment on October 1, 2014 as provided in Exhibit II to Amendment No. 3 of the Franchise Agreement. B. Equipment. All equipment used by WM to perform the Services shall have an average age of seven(7) years or less. C. BigBelly Solar Compactors. WM has provided the City with one hundred twenty- eight (128) single station BigBelly Solar powered compactors (the "Compactors"). WM shall be responsible for the maintenance of the Compactors and shall pay the costs associated with the electronic monitoring services for the Compactors during the Interim Service Period or any Extension Period. If any Compactor fails to perform, due to any issue, other than vandalism or intervening acts of third parties, WM shall repair such Compactor, free of charge, within 30 calendar days of receiving notice from the City or of WM becoming aware of the problem. WM shall collect, as needed up to and including on a daily basis, the garbage at this location until the Compactor is repaired or replaced. Unless otherwise agreed in writing between the parties, at the conclusion of the Interim Service Period and any Extension Period, WM shall remove the one hundred twenty-eight (128) Compactors from City property within 30 days of the contract award resulting from the Competitive Solicitation, and shall be deemed to have full ownership of the Compactors. 2 Regular Meeting May 6,2014; Item 9.A D. In-kind Services. WM is no longer required to provide the City with $20,000 worth of in-kind services at City sponsored events as set forth in paragraph 6 of Amendment No. 3 of the Franchise Agreement. E. Charitable Events. WM shall provide free services for charitable events within the City. F. Sidewalk Cans. WM currently picks up individual 30-gallon cans along Atlantic Ave., 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. WM,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 WM for these disposal costs, it shall be the responsibility of the City to reimburse them. 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 = $11,046,67 G. Bits Shelters. WM shall not charge the City for the collection of the garbage cans at the Bus Shelters.WM shall continue to collect from the current 71 municipal bus shelters at no charge, plus any additional bus shelters, not to exceed 10, that may be constructed by the City during the Interim Service Period or any Extension Period. WM 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 71 Bus Shelter locations is attached and hereby incorporated as Exhibit"3". The City will be billed$2,191.80 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 3 Regular Meeting May 6,2014; Item 9.A 64 containers X .15 cubic yards X 1 pickup per week X 52 weeks X $2.81 plus b containers X.9 cubic yards X 1 pickup per week X 52 weeks X$2.81 =$2,191.80 The payment for the disposal component of the Sidewalk Cans and Bus 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. H. Compressed Natural Gas I'CNG)Fleet. If WM decides to change out its fleet and use trucks that are powered by Compressed Natural Gas (CNG) engines, WM 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. WM also agrees that the then current price of CNG fuel shall be the baseline price from which the Fuel Surcharge Table will be used to determine the percentage change in the rates charged to the custorner. 1. Additional Indemnt 'cation. WM 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 through Amendment No. 5, including, but not limited to the payment of the City's outside attorney fees and costs at the trial and appellate levels. WM 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, WW's total obligation pursuant to this paragraph X shall not exceed One Million Dollars ($1,000,000.00). In the event that WM is obligated to defend or indemnify the City based upon Amendment No. 5, WM shall be entitled to assume the defense of such proceeding with counsel of its choice. WM will not be liable to City under Amendment No. 5 for any fees of counsel if City elects to retain additional counsel other than counsel retained by WM as provided above. WM shall not be 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. WM's agreement to indemnify, defend 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. 3. CONTLIANCE WITH LAWS. W1V4 shall perform the Services under this Agreement in compliance with all applicable laws. 4 Regular Meeting May 6,2014; Item 9.A 4. NOTICES. Any notices required under the terms and conditions of this Agreement shall be provided in writing and sent by U.S.Mail, certified,return receipt requested, as follows: As to WM: Ronald Kaplan Waste Management Inc. of Florida 2700 Wiles Road Pompano Beach,FL 33073 With a copy to: Brian K.Hole,Esq. Holland&Knight,LLP 515 East Las Olas Blvd., Suite 1200 Fort Lauderdale, FL 33301 As to City: Louie Chapman, Jr., City Manager City of Delray Beach 100 NW 1st Ave. Delray Beach,FL 33444 With a copy to: Janie Alan Cole,Esq, Weiss Serota Helfman Pastoriza Cole&Boniske,Y.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale,FL 33301 5. JOINT PREPARATION. The preparation of this Agreement has been a joint effort of the parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 6. 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. 5 Regular Meeting May 6,2014; Item 9.A 7. ENTIRE AGREEMENT; CONFLICTS. This Agreement, including the incorporated Franchise Agreement, constitutes the entire Agreement between the parties and supersedes and cancels any other agreement, representation, or communication, whether oral or written, between the parties, relating to the transactions contemplated in it or the subject matter to it. In the event of a conflict between this Agreement and the Franchise Agreement, the provisions in Sections 1-10 of this Agreement shall control. S. HEADINGS. The section and subsection headings in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretations of this Agreement. 9. 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. 10. SURVIVAL. WM's obligations to indemnify the City under this Agreement shall survive and shall not be affected by the expiration or early termination of this Agreement. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 6 Regular Meeting May 6,2014; Item 9.A INTERIM SERVICE AGREEMENT Ili rW.TNLS WHEREOF,the parties hereto have executed this Agreement the day and year-fmst WAII.-u i1hove. �$ � IkTTEST: P'k, CITY OF DELRAY BEACH,FLORIDA, a Florida m icipal corporation fy: By: City Clerk or Approved as to legal sufficiency and form By: t 'U f City Attorney I r/ VVTTNESSES WASTE MANAGEMENT INC.OF FLORIDA., a Florida corporation BY: S1GNAjjJRE Print Print N �16&un- OWL Title; Print Name Regular Meeting May 6,2014; Item 9.A STATE OF FLORIDA COUNTY OF �-� D \' The foregoing instrument was acknowledged before me on A � 3+0 , 2014,by as WV b&S l of Waste Management Inc. of Florida, a Florida corporation, on behalf of the corporation, who is personally brown to me or who has produced as identification and did(did not take an oatli. SUSAN CHRISTA JOHNSON # * MY COMMISSION#FF 465348 EXPIRES:January 29,2416 ar' avP� Bonded ThruSudgetNatary Servlces NOTARY PUBLIC State of Florida at Large My commission expires: PRINTED Name of Notary 8 .Regular Meeting May 6,2014; Item 9.A EXIT"I" FRANCHISE AGREEMENT 10 Regular Meeting May 6,2014; Item 9.A ^ •' `.may"%Y;� .�::••`'ern-•a'--ia _• y...Y_ :r .. _ r-�e.-i�-a''�e•�'�,ti�iks°�� asp'.":'t`�'�r� .•r�C",, ' _ ter.. � - _ n '.m:?•". - --- y'._�`' .:"'7��:-�.__ .:•i?E ..•4t:-i:'.,r�L.4e-._n. '"::';x•.'_ - _:s:�:..=�'._Y3..;.':_ - - .:.'s._ - -- -- -fir_-_.,*r r"�:�? w�:�r i.:�_ _•`'P'^_�_":y`, r' --r This Armen#is hereby made and entered into a BFI a�� a, Of North a municipal corpor�aA� 2001, berg e4r erica, einatter,referred to as If Co to as "city") and In consideration oftlte tractor")• mutual beaefrts,the parties herein agree as follows: The term of this Agreement Aall September 30, 2006. This Ag eat for the is r aerial beginnin& f�ctcber 1, 2001, mad parties, renewable for a five-Year term upon approval of both z DUMMONS: To the extent the deli�ons contained herein federal, state or local law, the d conflict with similar d herein shall be interpreted herein shah prevail. stained in any odling to federal, state or l��law. require the Contractor to undertake an cond contained uct Y that is contrary A. Authority shall mean the Solid Waste Authority ofPalm Beach County. B• BiohazardQus or Biomedical Wastes shall Ile or reasonably be suspected ean those wastes which may not limited to � °f h�°�S pathogenic or Y cause waste resulting from the aperativn of medical cam' �' included, but other fa�lities producing wastes which may coati ZW�+ hospitals, and human and anirtral parts, contaminated bandages,st oly but are not limited to, diseased needles,contaminated clothing and surgical glover Pathological specimens, hypodermic Balk Trash shall mean any non-vegetative item which wed, or bundled; including, but not limited to, be containerized, refrigerators, ranges, toilets,pool heater inoperative and discarded bath tubs, water heaters s' water softeners,Pianos, washers, dryers, household bicycles, and other similar domestic Vegetative Waste, Theref urniture' Bulk Trash shall not be co appliances, hall be no weight Limit for any item ofBulk Trash. with Regular Meeting May 6,2014; Item 9.A De 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. K 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. t G Commercial Solid Waste Collection Service shall:Wean 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 SwAces. JEL Compactor shall mean. any container that has an all inclusive compaction mechanism(s),whether stationary or mobile. L 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, roofng material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project_ ) xing of a small amount of waste other than C&D from the construction site will not automatically cause it to be clavOed as other than C&D. J 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 wristffi& K Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Dwe&4 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. I,. Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Cmbasge; 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, 2 - Regular Meeting May 6,2014; Item 9.A i Trash,or Bulls Trash. X Contract shall mean this Agreement. N Contractor snail mean that person or entity set out initially above that has entered into this Agreement to provide the services described herein for the City. d 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. Curbiside 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 mead 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 ofbeing utilized for residential living other than a licensed Hotel or Motel unit. U Fiscal Year shall mean the period between October I of a given year and September 30 ofthe following year during this Contract. V. Garbage shall mean all putrescibie waste which generally includes, but.is not limited to, Idtchen 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. 3 Regular Meeting May 6,2014; Item 9.A W. Garbage Can shall mean any commonly available fight 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 bandle(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 pid wp 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 mowited 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 steal; mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State.cf Florida Adrnir istrWve 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(MItF)shall ntean 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 gaper products. BB, Peak Times sW 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 conceming level of service and changes in scope of service. 4 - Regular Meeting May 6,2014; Item 9.A 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 (ncluding inserts), aluminum, plastic containers,glass bottles and jars, milk and juice cartons,aseptic containers, comigated cardboard, brown paper bags, Mined 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. 1F. Recycling Container shall mean a rigid container made of plastic or other suitable substance that is used for the storage ofRecyclable Materials. GG Residential Recycling'CaRectlon Service shall mean Curbside Residential Recycling Collection Services and Containerized Residential Recycling Collection Service. HK 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 Dweeftg Unit. IL 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 RoR-off Collealon Service shall mean the Collection of C&D only roll-Taff 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. RoR-off Collection Service shall also mean the collection of horticultural or agricultural wastes at hordailtural 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 - Regular Meeting May 6,2014; Item 9.A I.)<1. Sludge shall mean a solid or semi-solid, or liquid generated from any waste water treatment plant, mater supply Vestment pl ant, 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 II. MN. Special Waste'shall include automobiilek%boats, in#ernal combustion engines, non- automobile tires. Sludge, dead animals, septic tank waste,Bichaaardous 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 er,a P p rags, wooden or paper._6axes 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 IT. Uneonbmftble 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, food, hurricanes, earthquakes, stornES, lightning, `epidemic, war, riot, civil distwrbance� sabotage,and governments! actions. QQ, Vegetative Waste shall mesa 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 6 feet in length and must be less than 50 pounds. - 6 Regular Meeting May 6,2014; Item 9.A 3. SERVICES PR©VEDED 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 C&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 tact 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_QW 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 biped 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 ofthis 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 COntr clor 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. - e 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 Regular Meeting May 6,2014; Item 9.A 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. L 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 pmm*ted holidays, shall be provided twice per week, unless options of service g3xhibit II) are implernented, with not less.than fort;--eight (48) hours nor more than severity--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 - 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 Chlororflorocarbons'(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. e V etative Waste service day shall be an the first day of the tvvo-schedU1ed route dais. Vegetation shall be collected on the Vegetative Waste service day. Vacant lots shall he imIced at no additional chn e. 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 - Regular Meeting May 6,2014; Item 9.A 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 dwckg unit is Physically unable to deliver Residential Solid Waste or Vegetative Waste to curbside and this is certified by the Contract Adnn nistrator, or the residential st ucture is located in such a manner as to provide non-ae s-bili y 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 residwt requests Special Services, these services shall be bred directly to_the customer;by the Contractor in accordance with Exhibit IL..In the event that a Specaal Service request is not listed in ExUait M such charges shall then be established through negotiations between the Conr:attar and the customer In the'evem the csutormer and the Contractor cannot reach in agreement on the cost,the Contract Administrator shall determine the cost B. Contabnerhed ResidentW Saud .Waste Collection SerV Cese,The Contractor shall Provide Containerized Residential Solid Waste Collect'ionSCr i ice to all Dwelling Units in the Service Area.that are suitable to receive such service :Nortial Collection service; not including Bulk Trash collection, shall.be twice per.week. However, the customer may elect to receive once a week service during o$'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( g is t A?6 time's per week on an. :annual basis). The size and location ofthe Container and frequency of collection,:(more' than the minimum of once per week)shat[ be determuked by the Contractor and the residential complex'in accordance with this 'A $reernent. In can of an unresolved drsirute,the Contract Administrator shall resolve such issue. ,Any service requested by the residential complex above three times per week or greater tit 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 Exhbit I. The frequency of colteecction 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 E*ency of Bulk Trash collection shall be resolved by the Contract Administrator. In the event Bulk Trash contains ChlorofiorocAarbons (CFC's), the Contractor shag collect the Bulk Trish item, separately,in a nark-connpacting vehicle,and deliver the item,with every attempt not to release the CFC7s into the atmosphere, to the Solid Waste Authority landfill or to a - 9 - Regular Meeting May 6,2014; Item 9.A scrap dealer located in Pala, 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. .Ail Residential Sold 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 Iocatlon 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 erasure 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 CaIlecting, 'Collection shall occur`on a' regular basis with `a frequency of pickup 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 Regular Meeting May 6,2014; Item 9.A (e.g., Garbage Cans)). Commercial Custnnners utiii ng a garbage carp, 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 shalt 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 autmner. 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, Ail Commercial Solid.baste sha:tl be placed a 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 hose or in a Roll-off or a Compactor), the Contractor may.'charge 1.5 tames the'commercral collection rate as set out.in Exhibit I. Where Garbage Cans are used, they shall be placed at an accessr`b[e location or at such other sn Sle.collection Pow play be agreed upon between the Contractor acid the customer. .All Containers or Compactors shall be kept in a safe, accessible location .agreed upon between the Contractor rand the `customer' ' Any . Contauaer or .Cornpactor...damaged by ;tlae 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 egaipraYezat and-the Customer shall be corn its for its proper maintenance.:Compactor frequency �of collection shall be sufficient to.corrtain the waste v;4thbut 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. I Level,Type and Disclosure of Rates for Commercial Collection and Other Services: A. CumnlereW Collection Service: The Contractor shall only charge rates as set out in Exhibit I or as otherwise allowed by this Agreement. .t Regular Meeting May 6,2014; Item 9.A 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 thirt y (30) days in advance unless otherwise rev 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 Wwd beyond the term of this - Asreement as stated in Section 1. The aastorner shah subscnbe to a level of service mfficient to meet the needs of the custoomer in a sanitary and efficient manner. However,upon failure of the parties to reads such an Agreement, the Contract Administrator or his designee tYp S shall a lfish the level and a of service to be'provided incluoin the location,:'sue of the Container and =nber of pick- per week and ups � . the TOTAL:RATE to be 'charged vAtWn the approved rate limits contoured in Exiuu�it I :The Contractor will be'responsible for the 1u71iag and collection of Commercial Solid Waste Collection Services; disposal tippling fees, special service fees and Cacitainer rental charges cept as otherwise provided in Ns _ Agreerrient b DisdoSurc ' By October.l° of each year of this Agreement, the :.Contractor shall provide the taasto ner a .annual disclosure statemem with a copy sent to the City,including the following Iangr3age. REGM ATION BY TSE CITY OF DELRAY BEACH" The terms and conditions ©f tills`Com�erc .Solid Waste and Recycling Cotlej�6on:Service Agreement are regulated-by a franchise granted by the City of Delray'Beach. Should file .customer have . a>tp questto:#s relating to the terms conditions of .this Agreement, the customer p caul the Contract Administrator at 243 4214. "COM3=CUL COLLEMON CON AMM# The commercial collection container shalt be of$type that can be serviced by the Contractor's collection equipment. The c. ustomer may either purchase the commercial collection Container from any source rent such Container from the Contractor at the rental rate as approved by .the Authority. If the customer citoosesi 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 stall be RmWtailied 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 he repaired at the cost of the Contractor, 12 Regular Meeting May 6,2014; Item 9.A "SPECiAIs SERVICES" H 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' awn or other personnel If the Contractor provides special services, such charge must be separately stated hinder the "RATES FOR SERVICES" disclosure statement. The maximum for these special service rates are fixed by the City- A coley of these rate can be obtained from the Contractor or Contract Administrator. Regular Meeting May 6,2014; Item 9.A "RATES FOR SERVICE" October 1, (year)-September 3a,(year) Name of Contractor Name and Address of Customer The total RATES for this Commercial Solid Waste Collection Service are as toltows: m iiri�?� `'-w3 L:` •IGd) :• �i' _ - r ` °°�,�F,;}_° j:s. 7: Total Monthly Cost. Tlae vital RATES for#his Commercial Recycling Solid Waste Colfectiam Service as fbRows: 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'DFLRAY$EACH. SHOULD YOtJ HAVE ANY QUESTIONS RELATING TO THESE RATES,PLEASE CALL THE CONTRACT ADMINISTRATOR AT 243-7214. - 3.4 - Regular Meeting May 6,2014; Item 9.A The"RATES FOR SERVICE" statemzent shall incorporate or have attached a rate schedule which speeffies 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 mommy flat rate based on the size of the Container; and the cost per month for each SPECIAL SERVICE REQUIRED BY TBE 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 eollecuon service . The notification slush specify in which Service Area the business is located. The mtiflcaucn shall itemize each cost indbAdually, A sample notification shall be _ approved by the Contract motor or his designee before distributing to the customer. D. Method of Payment: The City or its designee will be responsible for the baling and collection of paymeznts for Residential Solid Waste Collection Service.`'Payments from the City to the Contractor will be due Wand paid no. later than 30 days following the submission of an iniroice 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 Txhibit ED. 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 anon-residential collection.sites located within 150 yards of residential uses shall be - coniwged residential collection for tine purpose of astablrshnng start times and shall, only be'collected between the hours'of 7:00 a. acid Monday:through Saturday.;Other nonresidential locations may be collected at any time between the of 6:00 a.m aid 5:00 p hhh Fatteinded times for cmaordinMy circumstances or coinditions shall have the prior consent of the Contract Administrator. F. Routes and Schedulea: 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 mtMed in writing for approval, not less than three weeks prior to change. In the event of a'permanent change in routes or schedules that wig alter the day ofpick up,the Contractor Shall immediately notify the customers) 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 Regular Meeting May 6,2014; Item 9.A at no cost to the City and the customer. Notification includes any day changes to the customer prior to the beginning oftHs 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. RECYCIDIG COLLECTFON 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 bitting and collection of Commercial Recycling Collection Service cost not being billed and collected by the City or its designee. A. Cede Residential Recycling Collection Services will 'be governed by the following terms and conditions: 1. Conditions and :Frequency _of Service: Tl Contractor shall provide -Curbside, Residential Recycling Collection Services`to .all Dwiling Units receiving Residential Solid Waste Coll ection 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 se"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 ccrb; '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 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 Residenial Recycling Collection Service in the Service Area. The title to these Recycling Regular Meeting May 6,2014; Item 9.A 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. Candidons 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 tea twice.a week Service as nary during Peak Times of the year. AD Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractors nape, phone nun�er and size of Container. Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within fve(5) days- "Any.Container or Recycling Container neding'.replacemea#,- as requested by the customer or the City, shall be replaced within five(5)working days. 2. AccessibUity and Schedule tbr Containerized Residential R`ecycling Collection,: All Recyclable Materials, with the exception of cardboard, are to be collected in a Recycling Container or Container designated for Recyclable ?4terials which`shall be located in such location and shall be collected on a i. schedule as. nutually agreed to by the owner or governing association(of the multiple residential complex or development Tieing serviced) °and by the Contractor-that will provide a safe and efficient accessibility to the Contractor`s collection crew and vehicle. ..Cardboard shall be coliected.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 - Regular Meeting May 6,2014; Item 9.A solicitation,by request of the customer, or where a contract meeting the twins 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 Conw.ner 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 maybe obtained_ by aIstomers from any source provided that juch Compactor must be of a type that can be serviced by the 'Contract s e1mP and the cdstomer shall be completely respons,lble far its proper maintenance: Compactor frequency Of collection shall be suMcient to contain the waste tivithout illa sp ge. All Connmercial Recyclable Materials shaff be placed in a Contauter'Corn p actor or other , is acceptahle Ri6Y61ing.Container.` All Containers and Compactors provided by the Contractor shall be In good candid neatly a Contractors name, :phone painted and labeled v+�tln th number and size of Container Recyclable Material shall not be'commingled with other solid waste, .Where ltn Comainers are use... ... g d, they shall be placed at an accessible location or at such other single collection pourt as:moray,be agreed upon between the Cantor and the customer. All Containers shall be kept in a'safe,'accessible lacatlon .agreed upon between.'the Contractor. and -the customer. Ar y Container or Recycling Container damaj ed by the Contractor shall be repaired or replaced by the Contractor within five( days' 2. Level,Type and Disclo sure 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 sesvice'to be provided and manner of collection of fm. The terms and conditions of such Agreement shall be in compliance with ail provisions of this franchise Agreement and the tern?shall not extend beyond the term of this Agreement as stated in Section 1. The customer shall subscribe to,a level of service sufficiern to meet the needs of the customer in a'sanitary and efficient nsaww. However, upon figure 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 loca bon, 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 L The Contractor will be responsible for the billing and collection of Regular Meeting May 6,2014; Item 9.A Commercial Regcfieg 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 Conection Services, the Contractor is rot obligated to provide Commercial Recycling Collections at the rates set forth in F.*I)t I. :Upon cancellation,the Contractor shag provide a written explanation,as provided by the City, of this policy. The Cor12tractor _ shall allow the Customer three days to rescind the cancellation after dw 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 these materials to another person Ntbug n ment shall , prevent a person or i entay engaged in the less,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, acrd provided that the transporter must report such information to the City as.may be necessary for,the documentation of state mandated re or reduction goals. �� D. Method of Fayrrrent The City ar;cts designee well be responsible for dm bfng and collection of payments far Residential Recycling Collection Serviice. :Payments from the City to the Contractor .wilt 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 shalt be as set out tai Fxlvbit L This rate shall be adjusted in sub scquetrt years in accordance with Section 6 and 'bit II. The:Contractor shall be onsible rasp for billing and`coIlection 'of 'payments for' Commercial Recycling Collection Service, not to.exceed the rates as set out in Exhibit L The rates set out in Exhibit I shall be adjusted in subsequent years in accordance with tine Payment Adjustment Schedule Twdubit 1i)- The Contractor shalt provide no more than five(5)free City Commercial recycling containers in the downtown area as designated by the Contract Administrator. L Hours of Colon: Residential Recycling Collection Service shalt be conducted between the bows of 5:00 am. and 6:00 p.m., Monday through Saturday. Dwelling Units receiving C4ntainenzed 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 am. and 6:00 p.m. Monday through Saturday. In the event of a dispute, the Contract Administrator shall determine the Regular Meeting May 6,2014; Item 9.A 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 shalt immediately notify the Contract Administrator in uniting 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. Nbacation of day changes for Curbside Residential customers shall be by door. hanger, Container Residential and Commercial Customers by flyer, :unless othaVA.Se approved by the`Contract Admintstratdr,"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`annd 9"one(1)week prior to the change, G Replaceament of Recycling Containers for Residential Tweling Units: 1 'The `Contractor wit replace at hit..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 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 y of request by the customer or the City. ` 2 The Ci at its expense=!� sVply to the Contractor, for disirfbtttion 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 hue (5)business days of the request by the customer or the City. 3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers dvWed 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 -, 20 - Regular Meeting May 6,2014; Item 9.A customer or the City. The C&is not Mponsible for any disposal shortfall. EL Manner of Collection: The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Container or Container Dousing Recyclable Materiels a#the same point it was collected To be eligible for Curbside Residential Recycling Collection' Service, Recyclable Materials must be put in a Reryding Container or paper bag and placed at the usual accmible pick-up location for Curbside Residential Solid Waste Collection. All l�cydable Materials set out by the customer that meet these criteria shall be collected. In the event the customer places Solid Waste in the Recycling Cotitaker(s) or Container(sl the Contractor must collect all Recyclable Materials:and leave the Solid Waste in the Recycling Contairier(s) or Container(s). The Cotrnactor must then lace a contamination sticker advising the customer of the reason the Solid Waste was not picked up on the Recycling Contaurer(s)or Contaynnr(s} Z Material Recycling Fac+lity- The Contractor shall deliver all Recyclable Materials collected from the Service Area to the,Delray Bead Transfer Station or a fatalrtlr designated,in writrpg, by the Contract Administrator. T Change in Scope of Recycling Collechaa Service From time to time, at the sole option of the City,it may he necemy to modify the scope of Recyclable Materials that will.be included in Recycling Collection Service. 'Should this o=w,,'the City and the Ca>StracCor agree to`errter;into good faith rYegodatrons to amend this 'Agreement to reflect the impact of any such mocffficat ors 6. CHARGES,RATES AND LEVEL OF SERVICES: A. Solid.Waste.and Recycling Col[echan` Rate Adlustmcnts For Collection ` y services,the charges small be imtiall based on the rates establi shed m Exlnbit t and as a usted . �t13+ dj pursuant to this Agreement: ,::Thee Contractor shall receive Orr anztual adjustment`in the 'Residential. Solid Waste'Collec#ron``'Service, Residential Recy ling Collection Service, Cornrn mial Solid Waste Collection',&M- ce and Commercial Recycling Collection Service rues. The adjustment shall be made to the combined category of Residential Solid Waste Collections Service and to Residendial 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 is this Agreement shall be adjusted solely on the Consumer Price Index C'CPI')not to exceed 3%in any one year. The adjustments shall be made as set out-in Exhibit U. The Contractor stroll 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, 21 - Regular Meeting May 6,2014; Item 9.A B. City of Delray Beach Obligation-Bening,Collection,and Payments: l. 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 program- The City shall make monthly payments in arrears to the Contractor for the Residential Solid Wage Collection Service and Residential Recycling Collection Services + provided pursuant to this Contract. The Contractor.shall be entitled to paymerrt far 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 ore cornmencemerrt of work by the Cornxactor 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 wc7l bee rendered as invoiced in the Contractor's manthl y 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 000mission or commission per the lags and rules that .govern the City. "Upon determination of any overpayment, the Contract Administrator'will verify`the error and make $ppropriate adjustment to the Corttractoes payment to correct the error. C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall.be treated separately far the solid waste Collection services being provided pursuant to this Contract. The Contractor's payments for Collection are set out in Exhibit L 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 Exhiibit I. The non- assessed partiGn 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 ir►curred for disposing of all solid waste at the Delray Transfer Station except for the portion of disposal costs which have been separately - 22 - Regular Meeting May 6,2014; Item 9.A 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 andiustification to support the need for the rate adjumr=t. The City may request from the Contractor.,.and the Contractor shall provide, such further information as may be reasonably necessary in malting 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 rapt of all other additional b formatior required by the City. E. Administrative Fee:. To compensate "flaw _City .for'the "cost of administration supervision, 'code'enfom=ent activrties,''and irnspe 6tion rendered for the effective. performance of this Agement, as well as other.costs related to "Collection the Contractor shall pay to the City a monthly administrative fee of 135.per residential unit or per Coatainer.for commercial customers F. Franchise Fee:To compensate the City for the exclusive right given to the Contractor to service residential and commercial accounts, Cotter shall; � . Ray.to the City a monthly franchise fie of 5° .cif collection costs "per residential unit or per Cc�ntamer for commercial customers. G Rollout but Replacement Fee: To compensate the City for the purchase and replacement of residential rollout carts, ail curbside rmidential and Commercial customers rstilrzing the City's roffout carts shall be charged a monthly fee of S.90. The Contractor shall pay.to the City any monthly fees for this purpose where the ' Contractor is responsible for billing the Customer. 7. HOLII1fAYS: The Contractor shall not be required to collect Commercial Solid Wastes 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 N=Ymes Dax Residential Solid Waste,Recyclable Material and Vegetative Waste not collected on Thanksgiving Day and Clvistrnas Day shall be collected on the ne d scheduled service day. The Cwhactor shall not be required to maintain office hours on Labor Day, Independence Day, New Year's Day, ThanksgM%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. 23 - Regular Meeting May 6,2014; Item 9.A S. SPECIAL SERVICES: Rates charged for Special Services may not exceed the special service rates as listed in F--M t 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€allure of the parties to reach an agreement on the rate, the Contract Administrator shah establish the rate. The Contractor shall be responsrble 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 distd'buting door hangers; stickers, flyers or other medium to residential and commercial customers as requested by the`City Additionally, it is the Contractor's responsrbrlity to provide information about those customers who repeatedly do not prepare or set out then Re+.ydable 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 conunercial recycling events, workshops, ucatianal forums, and symposiurris and other activities,as needed. 10 MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste acid Recyclable Matei als a.nd Con�niereaad Sohd Waste, Recycling and Vegetative Waste wit .9.S little.disturbance as passible and shad leave any receptacle at the same paint it Was collected. -Arty Solid Waste Container or Recycling Container damaged by the Contractor will be replaced by the Coitractor rthin five 4�businessd a:ys at no cost to the customer,unless esa otherw a provided v tfun this Agreement The replacement nmst tae'similar in style, material, quality and capacity Thrown;g�of any Garbage Can, Container ar Recycling Container >s 'prohibited The Contractor shall ;neatly ;re-place the Container, Racyclmg ;Container and Garbage Can to the point collection. H. PERSONNEL OF THE CONTRACTOR. A. Contractor 3W assign a quaMed person or persons to be in charge of the operations within the service area and shall give the narne(s) of the persons) to the Contract Administrator. B. Contractot'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. O. Contractor's name and office telephone number shall be properly displayed on alt solid waste and recycling collection vehicles and Containers proviided by the Contractor. All 24 - Regular Meeting May 6,2014; Item 9.A 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 a:stomers in a polite and courteous manner. G The Contractor sha provide emergency contact numbers for all key personnel. 12. SPUJ AGE: The Contractor shall not litter or cause Y$p a to occur u p on the prenuses, roadway or the right-of-way wherein the collection shat[occur. During hauling,all solid waste, vegetative waste and recyclable material shall be contained, tied, or enclosed so that leaidng; spr7bng and blowing is prevented In the even#of any sprTia' a or leakage by the Comractor for any reason or source, the Contractor OaLdai u `aff s ii e id lcaka c at na cost to the City`or the cus#ogner 22. h-in_two(2) hours unless'otherwise s Agreement. pecifed within this 41 SOUD WASTE AND MATERIAL RECYCLING FACELUM. .All Residential Solid Waste, Cotnmercaal Solid Waste, Vegetative Wane-and Recyclable-Material shall be hauled to the Delray Beach'Trandfer Station. In the event this fa�iy is'closed for maintenanca, the Contractor shall take_tlie sand 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 1,delivered to the designated facility contains more than 3.50/9, weight at"total load, material which is not Recyclable Material or that there:s mare 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 lead 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.satis&ction of the customer. In ono event will this-cost 6e`! passed on to the City. In the event of a diW te, the Contract A lministrator 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 an more than three occasions contaminated the Recyclable Materials. 14. COLLECTION EQUIPMENT: The Contractor shall have on}rand at all times and in good worWmg order.such equipment as shall permit the Contractor to adequately and efficiently Perform the contractual duties specdTed in this Agreement. Upon execution of this Agreement and semi-annually thereafter,the Contractor shall provide in a format speed by the Contract Administrator a Est of the equipment to be used by the Contractor to provide services relating to this Agreement. Solid Waste collection equipment shall be of the enclose{ loader packer type, or other equipment that meets industry standards and is approved by the Contract Adrninis-trator,unless otherwise provided within this Agreement. All Equipment shall be kept - 25 - Regular Meeting May 6,2014; Item 9.A in goad 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 produce;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 ofRecyclable Materials, compaction pressure may not exceed SO 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 sball correspond in size and capacity to the equipment used by the Contractor to perform the contactual duties lS VEGET'A Waste, Cor 1 Solid`3Taste and Recyclable collected separately from Residential TTVE eg . Solid W ecy Materials. All grass cli . leaves, lip pine needles or other similar loose waste shall be bagged 'or contain erized, '':;otherwise, :Vegetative Waste must be no more than six feet in length, the exception(� gth, of palm fronds and Christmas trees,and under 50 pounds per piece and placed neatly at the curb. 16. SPECfAL WASTE, 11 AZARIDpUS WAST)g, BIG1xAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE: The Contractor shall not be required m 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 ofwaste in this Section are not regulated cw 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 OFFTCE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach County where `bomplaints shall be received. It shall be"'equipped with sufficient telephones, with ne less than tuna'phone lines, -and shall have responsible persons in', rge during colle0on hours and shall be open during normal business hours, 8:00 a.rn.to 5:00 p:nL 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 Berson must have the ability to authorize Contractor operation in the case of City direction or situations requiring immediate attendon. An Equipment Yard ..=st be established within Palm Beach County. Equipment yard means a real properly location that shaft be utilimd 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. I& CONWLAINTS: All service complaints shall be directed to the Contract Adrnir&trator, 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. .. 26 - Regular Meeting May 6,2014; Item 9.A 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 CNisam Day, it shalt 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 rwmved by Contractor from the public shall be f wwarded to the Contract Administrator within four(4)hours The fiom�Carnmi�r s�3�all des - gi�ate one(1)person to be in the City each day to receive complaints Admiriiftator. The Contractor shall provide the Contract Administrator or his designated. %=CY with a.U written explanation of the disposition of any.complaint involving a clairri ofe to private'or.,public p;aPty''as a t of actions of the Contractor's emploYees, agent}or sub-contractors. Any damage shall be repaired within seven ('i}bins days 7. 19. . QUALITY QF I'lt'+RFORMAI�CE 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!slid, all complaints received by the Contact Administrator.-or his designee; and resorted to the Contractor shall be promptly resolved punt to the provisions of Section 1S this Agreement Complaints sisal/ tat include customer;inf'ni771ationi l requests or ReCyciu�8 Container requests ":A complaint riot resolved within 24,hours, unless otherwise provided in this Agreement,shall count as two complaints: In tl*event complaints receivers by cxubside customers exceed airy of the folloinririg perceritag (s) rn hint T e o/Q Garbage,Trash and Damage 4°10 0.5lye .? Recycling 2 Recycling g % 4.25% Vegetation 2.5% . 0.35°!c ' of the residermal curbside and rear-door "orners within the Senice Area"served by the Coritractor daring Any City fiscal year, the Contract Adrrtmrs€rato. shall levyr .$100.00 per incident adhstrative charges'for those actions`'related to"'service`"`as".listed within this _ , Agreernentindudmg• 1. Corarninglinng solid waste with Vegetative Waste and/or Recyclable Materials 2. 1'#uawmgafgarbage containers 3. Fagure 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 - 27 - Regular Meeting May 6,2014; Item 9.A 4. Failure to provide documents and reports in a timely and accurate manner 5. Damaged container not replaced within five business clays(48 hours for residential) 6. Failure to clean spi'ltage other than the cleanup required by the Palm Beach County Health Departmmt,w provided below 7. Fame to repair damage of Customer property 8. Failure to cover materials an collection vehicles) 9. Collection employees out of uniform I0. Dame and phone nuniber, and if applicable; size not displayed on equipment or Containers t.l. Providing exclusively prohibited service w another Contractor's area, without prior author_ization by the Contract Administrator. 12. . Not providing schedu[es and route maps , 13. Speeding,upon conviction 14. Using improper truck to service commercial or residential customer is Mure'to submit disclosure notice to eitlw customer or.Contract Administrator 16. failure to report recycling activity monthly(on or before the 14th day of the following Month), is the fiat determined by the qty,far the purpose of trading and v+erifying countywide ttgcling activity 17. Failure to collect Recyclable Materials, solid waste or Vegetative Wage on schedule for airy customer who has been missed more than'three tisrtes per Fiscal Year 18_ Failure to respond to customer calls, includiiag commercial.recycling and solid waste : collection vice aistomers, and residential containerized residential solid waste and recyckg collection service customers,m a timely and appropriate'maruter .19. Failure to'place a coat nination sticker in Recycling Containers, as necessary 20. Failure to replace or provide Containers or Recycling '_Container(s) 'wMan five (5) . -business days. 21 Fahlre to repair damage to property, nm trig from Contractor's (including agents, employees or subcontractors) equipment failure 'or "neghgencey within 'seven business da" Ys Changing routes without proper notification will result in a$2000.00 fine per iiicidetit. 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. Fidwe to deliver any Commercial or Residential Solid Waste, Vegetative Waste or Recyclable Materials to the Delray Trans&r Station or =the "——ty dated by the Contract A&*istrator will result in the following penalties: 1. First offense,$1,000.00 fine 2. Second offense,$2,540.04 fine 3. Third offense,loss of franchise 28 - Regular Meeting May 6,2014; Item 9.A 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 tlr'rs Section, the Contract Adnnistrator may deduct any charges from paymeWs due or to.become due to the Con rector, In the event the Contractor fails to repair damages as a result of the Contractor's equipment failure or negligence within the time Provided v"ithin 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 m connection with this Agreement and shall, at the end of each month during the term oft his Agreemment; notify the Contractor and the City,in writing, of the charges assessed and the basis for each assessment. In the event the'Contactor wishes to contest such assessment it shall,with five(5)days after receiving such monthly notice, request is writ�rrg an opportr suty to be heard by the City Manager and present its defense to such assessment. The C� shall no � the Contractor - ty * in writing of any action taken with respect to Contractor's claims and the decision ofthe City Manager will be final. A Ftii"ag of Requested Infarrnation end Documents: 1 In addition to an other y requrirenzents of this Agreemem, the Contractor shall be required to.file pertinent statistical and aggregate cost information pertaining to solid waste collection and recycling collection services fi=is requested by the City. The results of all rec3+cling 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 formate and with such dates as specxhed by the City, on or before the I Oth day of the following morrnh The Contractor'shall file and keep current with the City A documettts and reports required by this Agreement. By September 1st 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 Est of collection equipment ve des, 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 daze, except where granted an extension by the Contract Administrator, may result in the levy of an eve fine as provided in Section 19. 211. NATURAL DISASTERS: In the event of hurricane,tarmdo,jna or storm or other natural disaster, the Contract Administrator may grant the Contractor a variance from regular routes Regular Meeting May 6,2014; Item 9.A 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 retuned. The Contract Administrator shall make an cTort through the local mews media to inform the public when regular services may-be resumed. The cleanup from some natural disasters may,require that the Coniracwr hire additional equipment, employ additional personnel, or work existing personnel on overtime (tours to clean debris resulting from the moors!. disaster. The Contractor shallll receive extra compensation above the normal compensation contained in this Agreement to cower the costs to at least include rental egWp rmit additfortai personnel, overtane hours,and other documented expenm provided the Conoractor has :fit. 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 payntant. 21. UNCONTROLLABLE CIRCUMSTANCES: Neither the ' Grty nor Contractor shall be considered to be in'defauit of this.Agreement if delays in or failure of performce shall be due to Uncontrollable Forces.. the efect of w ' ..... htcl>a by the ercercue of reasonableligencey the non- otrfo ' I? $A h+could not avoid. Neither s ' P have,p party that are pp tabblle,removable,or remecHable ifthe non= exfa�- ccw d ha o:tvvittt the exermse of reasonable diligence, prevented, rettoved or remedied with reasonable dispatch. -The non4ie rming party shalt, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the Vices and uncontrollable forces preventntg continued performance`of the obligations Of this Agreernent, - 2L PERNIM AND LICENSES The Contractor shall obtain, at their ova expense,'d permits and licenses requwed 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 charge. 2:3. PERFORMANCE BOND: The Contractor shall finish 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 perfornmee of this Agreement and all obligations ar=9.hereunder in the appropriate amount =deternimed in accordance with Exhibit M. The clean irrevocable letter of credit or bond provided here 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 nom-renewed Lud after thirty(30)days written notice has been givers to the City.Current performance bonds - 30 - Regular Meeting May 6,2014; Item 9.A evidencing required coverage must be on file at a12 times. 24` EMPLOYEE WAGES AND BENEMS: The Contractor shall comply with all applicable Local, State and Federal laws relaft to wages,hours, ovatime and all other applicable law_s relating to she ermpinyment ar p roteCion of employees,now or hereinafter is effect. 25. INSURANCE: A. . : Worker's Compensation Lnraacei Workees CompensWon coverage must be maintained in accordance with staftitory requirements as weU as Fanployees Liability Coverage w an amount not less than$100,000.00 per each acriderny $100„000.00 by disease and$500,000.00 aggregate by disease B. Liab�ty lnaur�nce:The for 0 4 dosing the team: this Agee t,aril any' earteosrons hereofrnairitairi in toil force and IldL commercial general lialaiiity nsivance policy and s n-t6ino'bile liabifity irinuarice paltry, which sperfically covers all exposures incident to the Contractor's opemtions under this contract Such msumnce shall be will►a comipany e to the City noel.each PohaY shall bean an am unt of not less than$1,000,000 00 Cornbir I S�n a Lin*for peasonal_bo�ilY oJ�Y, 6s uding death, .i p P y damage habrhty and the general liability shaIl rnclude but not be limited to coverage'for Preinises/Operations; Product,a/Completed Operations, Con a al, to SUPport the;Contractor's Agreement or induty and lire Legal Liability In addition to the above liabiTt Contractor shall maintain a $5,000 00400,umbrella ty hnnts the , and/or excess liai}i'h'ty coverage. .Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as pan additional insured as its interests may appear: and .shall also:provide thax insurance shall not be`.canceled, Hmited or. non-renew.d us" after thirty (30) days`wriftm notice lass bees givmi'ta the C* Ity Curint certificates of iraairance.ev 8 flu*coverage most be 6n 5Ie with the City at all trines ;;Contractor expressly understaieds and agrees that arsy:iii: rate protection furnished by Co=Wor Ad m no way limiit its responsibility to iindeninify and save harmless City under the provisions of Section 26 of this Agreemern. 26. INDF211NMCATION: The Contractor will hold the City harmless from any and all liabffWe% losses or 4amsges the City may suffer as a result of claims, demands, costs or judgments against the Crty arising out of the wrongful acts or omission ofthe Contractor or its employees. Said liabilities~ losses, damages, claims, demands, costs or judgment arise directly out of the natters 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 a-tent 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 sW maintain within Palm Beach County adequate records of the solid waste collection and/or recycling services during the Fiscal Year and for 31 - Regular Meeting May 6,2014; Item 9.A ora year following the end of each Fiscal Year of the Contract. The Authority or its desigm shall have the right to review all records maintained by the Contractor upon 24 hours written notice. 28, FOINT OF CONTACT:Any dealing„ contact,notice etc, shall be directed by the Contractor to the Con act Administrator. 29. NOTICE:. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by coed mail,Postage prepaid as follows: As to the City: City of Dehay Beach 1011)W 1'`Avenue Ddrap Beach,Florida 33444 Attention:Cewtract Admilobtrator,'Cade Enforcement As to the Contractor: . BFT Waste .Systems of North ,maraca, Tnc.;. . 1475 S.W. 4th Avenue Dearay Beach, FL J444 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 ce, ac sion is acceptable notice effective when received, however, vvrrttern noti F ,"e transmission facsirtnt�e transrmsswns received (i.e.,Pry)after 5:40 p.m. or on weekends or holidays,`vhll be deemed received on the next business day. The original of the notice rrnrst additionally be mauled 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 hm provided,upon the happening of any one of the following events: 1. Contractor shall take the benefit of any present or feature 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 reorganLattion or the re-adjustment of its indebtedness under the Federal bwg uptcy laws or under any other law or state of the United States or any state thereof or consent to the appoinimmt of a receiver, trustee or liquidator 32 Regular Meeting May 6,2014; Item 9.A of alt or substantially ail of its property;or 2. By order or decree of a Court, Contractor shay be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholder of the Contractor, see!* its reorganization or the readjustment of its indebtedness under the Federal bankruptcy taws 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 thereg any.notice of cartceWon shall be and become null, void and of no effect;unless such stayed judgment or order is reinstated in which case, said defauh shall be'deemed u nrludiate;or 3 BY or pursuant to or under authority of any legislative act,resolution or rule or any order or ilea ee of ariy Carrtt or god board, agency or officer having jurisdiction, a receiver,°.trustee or liquidator shall take possession of contral of all or,substantially all of the'property of the'Con tractor, and such possession or control shall condnm a in effect far a`periad of sixty(60)days;or 4 The`Coatradtor has d�aulted,by failing or refus}ng to perform or observe the terms; conditions'or covenants irr tins Amt or any of the hgesand regulations promulgated by the.City pursuant thereto car has wmngfin![y'failed or refused to com wrth the`.instructions of the Contract'Administrator P.1y relative thereto, whether such default is`considered minor or major, and said default is not cured within (30)days of of written-notice by City �Y receipt to`do so, or if by reason of the nature`of such`default, ths'sacra cannot be remedied within thirty (30j days:;fo.owing receipt by..Contractor.of written demand from City to do so,'`Contractorfuils to comtnentce the remedy of such default wit hin said Y( days:following sueh wntten notice or*a ing so 30) . y commenced shat! fail thereafter to continue with dligencce the:coring thereof {wrth Contractor. iving the burden of gmof to demonstrate(41 that the default cannot be 'sire within thirty [30j days,''snd N that it is proceedi�t�g with diligence to care 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 coltecWn.service for a period of five(5)consecutive scheduled worldag days,the City gray secure the Contractors 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,ifthe Contractor is unable for any reason or cause to resume performance at the end ofthhty►(3 0)woridng days all frabBity of the City under this Agreement to the Contractor shall cease and this Agreement may be deemed innnediately terminated by 33 - Regular Meeting May 6,2014; Item 9.A 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 pe'rfom=ce shows that Contractor has frequently,regularly or repetitively defaulted in the performance of any of the covenants and Condditions regpired 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 violater",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 warring citing the circumstances therefore, and any single default,b Contractor of whatever y nature, subsequent to'the occurrence of the last of said cumulative dehuh shall be; • . ' grounds for inrrnediate won of this Agreement. `_hr the event of any such subsequrent default* City may terminate this Agreement,upon the giving ofwtiiten Final Novice to Contractor, such car3cellaatian to be effective"upon the fifteenth ;consecutive calendar de ' y following the 'date:of Final `Notice, and `to contractual fees due hereunder plus any and all charges and interest shall be payable to ■ rights ereunder. .Irnmmdiately upon' . said date and Contractor shall have no further ri is h under this deement Notice,,Contractor shall roceed to ceaase any further performance under A p D. In the event of arty 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 imrne diateiy terminated and upon such termination all Hability.of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call the perfon=ce 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 h 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, Bulls Trash, Vegetative Waste or Recyclable Ma erials as shall from time to time be necessary and desirable for the public we Fwa_ 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 Ad 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 coned 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 - Regular Meeting May 6,2014; Item 9.A 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 wavy affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provisions hereofbe taken or held to be waived of any succeeding breach of such provisions or as a waiver of any provision itself 33. TffU TO WASTE: The City shall at all times hold title and ownerslrip to all Commercial and Residential Solid Waste,Vegetative Wash Trash,Recyclable Material and all other waste collected by the Contractor pursuant to this Agreement and the Contractor shall have na right - to take, keep, process, alter, remove or otherwise'dispose of any such``mate.rials without specific on frmm the Contract Administrator. written authorization , 34 GOVERNIl+G LAW AND VENUE The !saws of the State of Florida shall govern this Agrmnenl Any and all legal action necessary to a orce the Agreement will be held in Palm Beach County and the Agreement will be interpreted according to the Iavys ofklonda. 35. CO1V IJANCE WITH.LAWS: The Contractor shall conduct operations under this' Agr cement incompliance with all applicable laves 36 SEVERABILTI°Y: The invalidity, illegality, or unenfarceability of any provisi of this Agreement, or 1.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 cvntam the cular ortian or' .rovision held to be void..The P .. p 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 Agrement,be determined to be void. 37. ASSIGNMUff 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 assigrunent by the Con actor. Any assignment ofthis Agreement made by the Contractor without the express written consent of the City shall be mill 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 ofthe City under this Agreement to the Contractor shall cease, and City Regular Meeting May 6,2014; Item 9.A shall have the right to can the performance bond and shalt 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, ovmmng or in control of more than l0°/n stock or financial ittmest ofanotherperson,corporation or company. 3S. MODDICATION: This , Agreement constitutes the entire contract and understanding between the parties hereto, and it shalt not be-considered..mod�ed, altexed, changed, or amended in$rry t'espect unless in wrrtmg and signed by the parties hereto. .Such modification shah be in the form of an Aznendmtart 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 Mationslnp`Of g : co-partners betvaeerr the parties'hereto,"br as canstittrtm the Contractor as the alter representative or employee of the City far anY lm . ;The Contractor is to be and ism reatarn an indep=dent contractor m th respect to all services performed under this e�greement. 40. ANNEXATIONS: Adlustiizents to Service Area bounrlanes and the rights of the parties to this Contract due to municipal annexation or contraction wr71 be as'provided by Florida Statutes Section 171.062,as amended,or its successor. „ 4L ':CHANGE OF LAW.The parties understand arid`agree that the7orida l.egrslatrrre from time to tune has grade comprehensive char es in Solid Waste B . Management legislation and that these and other changes in law in the future, whether_federal,, state or to wlnch"mandate certain actions ar.programs for counties or muracipa"es'may.regwre changes or modifications in some of the terms,`conditions ar obligations under this Agreeme . :'Nothing contained in this Agreement shall require any Party to perform any act or funcdon contrayy to lava. any'act 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 utter 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 perfonrance quality problems. 43. PUBLIC ENTM CREV1ES: No Contractor may be a person or affiliate identified on the Department of General Services "convicted vendor" Ust. This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process Regular Meeting May 6,2014; Item 9.A because they leave been found guilty of a public entity crime. The Contractor is required to comply with F10rida Statutes Secdon 287.133,as amended,or its successor. 44. SUBSTANTIAL COMPLIANCE: The Contractor 'shall promptly .;collect all .materials disposed of by the C Stomer, provided the-materials are prepared and placed within substantial com fiance with the. g+�idelines as set forth herein. 'Azry t lari5cabioti as to the standards of subsatantiaf corr�pliance shop be determined by the Contract Administwor. 45_ INCORPORATE BID CDNDTI ONS: :The General Terms and Conditions and the Special Terms and Conditions presented in the original ..bid pwl4e are hereby rria a part of this Agreement as adcltional conditions. 37 - Regular Meeting May 6,2014; Item 9.A 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 Beall to be hereunto afxed, anti BFI Waste systems of has executed this Agreement 2M as Ofthe day and yearfirst above written. North America, s-c. CM OF DELRAY BEACH i:ij C1 ty clerk y. Devtd W. Sahmidt,,,Mayor (Se4 Approved as to Form and Legal Sufficiency �y. city Attorney colvT crOR Attest: By Co orate Seer - {Sear Witness f Name t Title: Approved by City Commission on � 2001,It 36 - Regular Meeting May 6,2014; Item 9.A CYRTMCATInN 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: IDEN`1 CAI. MZ REDS: Preference shall be given to businesses with drug-free workplace programs. 'Whe.ne`rer 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 fr om a business that cert�es that it has implemented a drug-free workplace -p rogram shag be "given preference in the award process. Established proced ores 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 tray statement, I certify that this fm.,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 workplaca 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 lie unposed upon employees for drug abuse violations 3 _This.frm gives each employee engaged in providing the commodities or contractual services that are under bid a"copy of the statement specified in'subsection(l.). . 4. 'In`the statement,specified in subsection (1), =this frrut notifies:;the employees`that, as a condition of W,O irig 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 mmendere to,any violation of Chapter 893 or.of any controlled substance law afthe United States or any state, for a violation occumng 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. b. This firm will continue to make a goad faith effort to maintain 0-free workplac thin h implementation`ofthis section. Contractors Name Signature DFW-1 R _ Exhibit 1�tJ G164TE- ORIGN,11 . WK'S SG'8/a'�11 1� Regular Meeting May 6,2014; Item 9.A 199i P wiC RoAl► �C'E<1'i:H�c:►tu. [ttl�► �.�ii1�5 Fh� 6it.-rf_.t�t+t�►' September 12, 2001 Mr. Richard durst The Beacon Group 6001 Broken Sound Parkway.Northwest Suite 500 Boca Raton, FL 33487 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 band 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 this!I Sincerely, WEIBLE/CARILL & FORXER, LLC CL Sw"'—) 1 � Theresa A. Snow, CIC, AIM Encl. CC: Sally Stanton Via Fax #561-279-9614 Regular Meeting May 6,2014; Item 9.A FLORIDA COMMON.LAW PERFORMANCE BOND BOND NO.: AMOUNT: $2,900,00.0.00 i KNOW ALL MEN BY THESE PRESENTS,that Inc. Of IIe].awara hereinafter called the' CONTRACTOR (Principal), zi whose principal address and phone number is AA 7 5 S` v r,, a„e na t. a A Fr:'13444 .954-473-9272 and NAtIonal` e GCMlDM of Rar fard, -a duly organized corporation, nationally recognized surety company licensed.and/or registered to FM engage in the surety business in the State of Florida and enter into agreements of swety with a F resident agent licensed and having an office m Palm Beach, Dak, Browa_rd or Martin Coirrrties, Florida, the ::' principal address . and phone number of: which >is m u m Alm and existing under and by virtue of the laws of the -State of Florida, hereinafter called tl a SURETY, are held firmly bound unto the City of Deira y c,r. rr :Beach,'Florida as OWNER (Obligee),_whose principal address and phone number is 100 NW e _k C First -Avenue, Delray 'Beach, --,,Florida °33444, (561) ;243-IMO in ' 'the '`sum of - m w c oar,�a. 1�tn Million ATir�e Hundred Thousand and 100/10o,_`Dollars($2,900 000.00 6 c v .+lawful money of the.United States of America, for the payment of which,well„and tndy,be Tirade Ito the OWNER:” The CONTRACTOR the SURETY bind themselves'and each 4f their heirs, „,..,' '°,'executors, adnurustrators, successors, and assigns, jointly and severally, firmly by these presents a .0 ae Er C o ,3as follows w A Ln THE CONDMON OF THE ABOVE OBLIGATION IS SUCH TEAT:, WHEREAS, #ke `CONTRACTOR has executed and emceed into a ceRauc Contract hereto vzl attached with the Ol dated t�►,r r / 4Oe to&nush at his own cost, charges, and expense all the necessary materials, equipment, andlor,labor m strict_aind. express accordance°'with sacd Ccniract and the Plans, Irawings, and :Specifications prepared by the , Owner's, at1 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 apart of this Bond as fully and completely as if said Contract Documents were set forth herein,.fora project entitled as: CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES NOW, `THEREFOPA'the conditions -of this obligation :are such that if the above bounden CONTRACTOR shall in all respects fully, promptly, and faithfrally 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 CONTR.ACTOWS 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, attomey's PB-l Exhibit: Regular Meeting May 6,2014; Item 9.A 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 Gat 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 fi itished tfirrevnder, or in the Plans,Drawings,and Specifications accompanying the said Contract shall effect said obligation of said Surety'an this bond, and the said Surety does hereby�ivaive notice of any such changes, ctension of time;alterations,'`or:additions of the terms ..of the Contract,'or to the w6r14 or to the`Drawings and Specifications or ar y other changes, cotnpuance ar nonconiplYance'to the tf.-Irms of the Contract as to the work or to the.Specification The Surety shall be respoasibie for delay damages due to Contractors default and consequential dames for Surety's failure to 6M its responsibilities as set foA herein. ArEy suet under this bond must be instituted within five years from the date the cause of action accrued. .. IN WITNFSS WHEREOF, the above arties bounded together have executed this instrument'in five (5) original counterparts this day of d*2401 the name and corporate seal of each corporate party being hereto affixed and these presents duly Signed by its undersigned representative,pursuant to authority ofits governing body. , "CONTRACTOR(PRINCIPAL) hs (F Name) - 4 B (Signature) est - Rtwo S. i% (Print or type) (WRrLO reslum 1 A4W-) (Seal) PB-2- Exhibit Regular Meeting May 6,2014; Item 9.A National Fire Insurance Company of Hartford Surety ATTEST: t SY {SEAL} Phy 1:iss oyd, Attaroe -Fact Approved is to form. Q. ,� ,. Date ho'%% City Attorney •-- CORPORATE ACKNOWLEDGEMENT STATE OF Illiriais COUNTY OF The foregoing instrument was acknowledged before me this 6th day ofseptembar . ::by Patrice`L. Laughlin {namerof officer or agent, title of officer or agent),of Weible, Cahill &`Fortcer, LLC (name of corporation acknowledgurg}, a an Illinois .Limited Liability Camg (state or place of incorporation) corporation on behalf of the , corporation. 4,He/She is (personally .known to me) (ar has produced identification) (type of identification) {as identification} and (did/did not) take ail oath. Signature of Person Taking Acknowledgment Pat Patrio L. Laulzhlf n Name of Admowledger 7�ped Printed or Stamped �� l u . KUN Fes.,TRICE L..t.A1JCiHUa1 Nebtary Publtc.ate of IAlnols NiY C Mators E:x�,km 8St]=4 PB 3 AIN. Exhibit Regular Meeting May 6,2014; Item 9.A FLORIDA PAYMENT BOND BOND NO. g2g?ii�s�R _ AMOUNT: . $2,900,000-00 KNOW ALL MEN BY THESE PRESENTS, thaB 47ss�rn ^ stems 6f A�orth:6morira. YriC. of Delaware hereinafter called the CONTRACTOR .(Principal), - whose principal address and phone number is 4 954-473-9272 and National Fire Insurance Conant' of Hartford a duly organized corporation, nationally recognized surety company licensed and/or.registered to . image in the surety business in the State of Florida and enter into`agreements of surety with`a residerft agent licensed and having an office m Palm Beach, Dade, l3roward or Martin Comities, Florida, the principal address and phone number of which 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 addms-and phone number is 100 N VAT... First Delray Beach, : Florida 33444, (561) 243 7(300, ;:m the .4 um of: `Twc Tilllaa"Nine"Hundred'Thousand 'and 001100 Dollars ($2;900,000.00 lawful money of the United States of Arnedca, for the payment of which, well and truly be made.,. to the.OWNER. The CONTRACTOR and th e SURETY bind themselves and sack of their hears, executors, administrators, successors, and assigns,jointly and severally, firrtily by these presents as 0 ows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, -the CONTRACTOR has executed and entered into _a certain Contract hereto _.attached�vrth'the OWNER, dated lto 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 Purls, Drawings, and Specifications prepared by the Owitef'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 Regular Meeting May 6,2014; Item 9.A 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, andlor 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 cffec AND, the said Surety for value received, hereby stipulates and agrees that no change tnvalving any extension'oftime,or addition to the terms of the Contract or to the work to be performed, or the sold Contract shall effect said obIi on of sand Drawings, and Specifications accompanying materials to be furnished thereunder or in the P gala Surety on this bond, and the said Surety does hereby.waive notice of any such changes, extension of tune;alterations, or additions'of the ' he terms corn the liaace or ancom the work or to the Dra - , rk wuigs and Specifications-or any other changes, p noncompliance to the terms of the Contract as to the work or to the Sperm cations Claimant'" give'written no 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 bra ught within the time specified,by Sections 255.05 or 713.23,Florida Statutes. :- IN'WITNESS WI113REOF, the above arties bounded together have executed this ins#xt2mesrt in five (5) original:coon#etparts,this / J day .of 2a�1 the name and corporate seal of each corporate party being hereto affixed and those presents duly signed by its undersigned representative,pursuant to at<thodty of its governing body. CONTRACTOR a Inc Firm arRm B Y Signatssre Theresa A4 Snow, Power of Attorney ThAregA A- Snow Attest_Iv T. LA-Sr (Type or print) - (Seal) PYB--2 Regular Meeting May 6,2014; Item 9.A SURETY Biatiana3_1E'ira Tng�ranrp Qw.my Mf Rartford By. (Seal) Phlyffis ayd, Attorne -in-Faet Attest APPROVED AS TO FORM: „ti alt•, Date A.IaN ity Attorney CO"OFLATE Aq(NOWLEDGEMENT , STATE OF Illinois COUNTY OFtg� f The foregoing instrument was acknowledged before me this th day' of by P$trice (name of officer br agent, true °of officer DC agent),'of Weibla. Cahill & lorkar. T.I.[' (name Df cDrgDration an Illinois Limited Liabil Coin a acknawlcdgmg), a ate or a ofincorparation) Gorpofatiaz; on behalf of the corporation.: He/She is (persot ally known to me) {or has produced identafication) (type of identification) as identification)and (did! 'd"not take an-oath. y Signature DfPerson Taking Acknowledgment . Patrice L. Laughlin Name of Acknowledger Typed, . Printed or Stamped S�+ C+e'u�� UGiHUN ta#aa of llltnals c s 0 � PYB--3 Regular Meeting May 6,2014; Item 9.A D POWER OF A ORNEY BPI Waste Systems of North American, :Inc. and National Fire Insurance Company of Hartford (Principal) (Surety) hereby grants the City Cleric of the .City of Delray Beach a e of execution on the contract, surety bands to the contract and Power of Attorney to insert the date agreement entitle, In Witness When-eof, pioo e e Hsu°anc°e= u$toaset their l�artd and seal this . ,. e SET Waste Systems��Torth'Ataerica Iac. Frtucipal (SEAL) { Theresa A. :Snow, .Power of Attozaep Witnesses: National Fire Insurance 'COUP of Hartford Surety (SEAL) d. Ph oyd. Attorney-In-Fact yi13s ;8 CORPORATE ACKNOWi, Cr . . El�rrr STATE OF COUNTY OF The foregoing instrument was acknowledged before the this day of Se ternher 2001 by Patrice L. Lau hlin (name of officer or agent, title of officer or agern), of Aaib.?.g�-'-Cahi 71_& Fnrtrpr,_Y.1+ (nine of corporation acknowled&g), a, Llinois Limited Liabil�tta or place of incorporation)corporation, on behalf of the corporatao , e/She is (personally know M:9 met (or has produced identification) (type of identification)(as identification) acid (did/did -not) take an oath. Signature of Person Taking Acknowledgment Patrice L. Laughli>i Name of Akknowledger Typed,Printed or Stamped =-OE MI.° HLIN of mnols My s a�lt&�bt L,PA�-1 Regular Meeting May 6,2014; Item 9.A ALLIED WASTE ' I N D U S T R I E S : "ANC POWER OF ATTORNEY ..Alfied Waste industries,Inc.,incorporated under the laws of the State of Delaware,and having its chief plane of business at 15860 N.Greenway-Mayden Loop,Suite-opt},Scottsdale,Arizona,85260,hereby makes.emstitutes and appoints Welble,Cahill&Company,LLC,acting ltsreugh and by Wllltarn P.Welble or :Waim F.Caftr7l,Theresa A.Snow,Esther C.Jimenez.Patricia J.Karts or Molly Mors n,its true and lawful attorney.and a4tar Its corporate seal to and deGverfor an on behalf as surety thereon or otherwise.bonds of any of the followiry classes.to wit 1. Surety bonds andfor bid hands to the United States of Amdca or agency thereof,Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue, license and permit tionds or other indemnity bonds under the laws,ordinances-of regulations of"any state,dty,town,village.board ,other body organization,public or private;bonds to transportation cornpanir.:lost Instrument bonds;lease bands,worker`s compensation bonds;miscellaneous surety bonds and bonds on Behalf of notaries public shadifs deputy sherilb and simllar public offic(ats. 2. Surely bonds andlor bid bands on behalf of Allied Waste Industries,Inc.and its subsidiaries, Included,but not limited too,Allied Services,LLC,ANied Waste.Systems,inc..Abed Waste . . Transportation,Inc.;American Disposal Services of Missouri.I=.and BFI.Waste Systems of North America,Inc.,In connection with bonds,.. ands,proposals.or contracts: To s and seal all bid bonds . � and'surety bonds on behalf of Allied Waste Industri®s,Inc.and its subsidiaries,relating to the provision of solid waste collection,transportation,recycling,or disposal services by Wiled Waste Industries,Inc.and As subsidiaries. Allied Waste Industries,Inc.hereby agrees to ratify and confirm whalsoever Welble,Cahill&Company,LLC shall[awfully do pursuant to this power of attorney and the-procedural guidelines set krth to Welble,Cahill 8 Company,LLC,and untll notice or revocation.has Industries,Inc the ads of the said attorney shall be binding on the undersigned. IN Waste In , . .; >.. n given by Allred onWITN4S POWER by• 9 aY s..: . , Aiiled Waste Industries,Inc. its Vice P RH HY teas been si red this 1 �`d of 2001, resident,L 1. r.Steve m. Allied. c, By Slev .1-i State of Arizona ) SS. County of Madoopa Subscribed and sworn before me this 10"day-of April,2001 by Steven M.Helm. et L eems,Notary Pubfic +WfE1'L:WE"M Notary Pubdo-AdUana MAAtcaPA COUfM «� My Corawsalos Expires N1 d,2. 15880 N.Greenway-l-layden Loop, Ste M) /Scottsdale, AZ 8S260 /480.627,2700 i 480.627.2701 Fax Regular Meeting May 6,2014; Item 9.A POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEYdN-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 Galled She CNA Companies°),are duty organized and existing corporations having their principal offices In the Qty of Chicago,and State of Illinois,and that they do by virtue ci the signatures and seals herein affixed hereby make,constitute and appoint Wiliam P.Weibte.M00Y K Mom.William CaM iCxsberiy Sawicki.Deborah Buss,Esther C.Jimenez,Theresa A.Snare. Amer I.Callahan,Patricia J.Keft.Phvdis O%it tnc%iduall - Of ..' West ChIGa .111in is their true and lawfEA Atbnney(sWact with foil pcswer and authority hereby conferred to sign.seal and execute far and on their behalf bonCis,undertakings and other obligatory inst uments of similar nature In UdimRed Amounts and to bird them thereby as fully and to the same extent as if such instrunmts were signed d and all the acts of said Attorney. ;r Y my authar¢ed officer of their corporations .. rney.pursuant to the au�hereby given is heresy rail8ed and comkrned. This Power of Alt rrW ie made and executed;Knuarlt to and by authority of tfle By-Law acrd Resolutrau printed on the reverse , hereof,duty adopted.as Indicated.by the Boards of Dire of of the - corporations ,. In"Witness Whereof,the CNA Companies 11a►rs caused these prose rrts th be signed"by their'Vica President and their corporate seals to be hereto affixed on this 8th day of July:2001. Corr[inentat Casualty Company " •°"*0R"r. S .��ORt� National Fire Insurance Company of Hartford oartx u. AmerlGan Casualty CorrnParbr of Reading.Penns varda lawn e • , �,(, 7 Michael Gengier gaup Vice f?resldent .. State of Iilinaft,County of t,`+WK ssi On this elh dray of July,2001,bartore rm pen�came Arai chaef Gengter to me known,who being by me duly swiom aid depose and say.that he resides In the City of lhcago,State of Illinois that he is a Group Vice Preside-M of Continental Casualty Company.National Eire Insurance Company of Hartland,and American Casualty Company of Reading,Pennsylvania desgibed in and which executed the above irtshdment;that he knows the seals of said corporations;that to seals affixed to the said Instrument are such corporate seals;that they were so affaed pursuant to 8u ft*given bythe Boards of Directors of said cerparatwr►s and that he signed We name thereto pursuant to Ike autttorily,and acknowledges same to be the act and deed of said corporations. • Dy�IA11fE FAULIC M • COMO"16eYrf&1149tj MY CWM*sian 6tpi(es September 17.2= Diane Faufimer Notary Public' CERTIFICATE I.MMY A Fhtkisawsids,Assstant Secretary of Continental Casualty Company,National Fire iMLtrance Company of Hartford,and American Casually 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$y-Law and Resolution of the Board of Directors of the corporations printed on the f+everse hereof is still In force,in testimony whereof j have ember to subscribed my r1�?nd attbmd the Seal of the said corporaWns this 5 th day of Continental Casualty Company aw ro s alaeire National Fire Insurance Company of Hartford American Casualty Company of Reading.Pennsylvania -Rev.1=01) MAYA.Ribflsavaskis Assistant Secretary Regular Meeting May 6,2014; Item 9.A _ .... _ -' - _ .'iJri4.L'x,:F Yae.a�r..•�4�`�^^iy:�"•.{JGi 8 V"s`J�y^:.:�T�:r-:.�'.•c:M:-t.�:�a•$.i._••.-.�s'}l�y.•;;rdY.']a�E..'.�F.L;;:.w':-�a_e.1�19 Wr•t Y�"•'_Y7tit-1f..6i.�•F�r-S_'�ti-•Trr�_t.!•�-�t:ti�m•��3 ti_qY��_.�a_::i"Ji��F��_•�_-�.-••�Y.•-{..��F..L„d r'`i.'i r r y._am�-l�J-.��.•_•+�r:.��4.�_r.}:.1:-.•c.t'•!._M P f�+_A-.'_i l`�'r�•i._e r �;sOo-.v�V, a•.�rR.g-s;r-".:e°_kle�'�':.�_-•�':�'.e--i't_•�a:x..s.•�a-:.'-�.L:•m'9.e-�_4'_:'4-.'"-f:_�•-l Sa:gf�...:•S•.�s`..Sc-,S T.=Y�e A'i.a••=�Y l.=-.".sry:i Te i 4=�W p._z.�.:_�.�-:-.`��'".�a�-.��-y!�.._-'�7',E• �•?"::�giS f• __ - _ re.'.•� �-'�'ie„diiti..•,�?b �_"a.'si ��3x:_o R'� - _ �e x rP�u�sa:ke_�•`+••:E•_ r.r. "'�r.-.- :d=.�.. _- r_,�F-•r:i.::_?:: Regular Meeting May 6,2014; Item 9.A EXEE BIT Y Approved Rate Schedule " FY 2001-02 Monthly Rate Residential Collecdan(_Per Unit . Services Curbside Rollout Cuitside Bag RearuDoot'.Qwner Mtilt%FamOy Cart container Solid Waste s S S $ S Vegetative Collection S Recyding Collection S S TWO Collectian Fees S S S S Franchise Fee'` S $ � S (5aib of coII.fees) (S%of caML.fees) (5%0 colt fees) coil.Fees} Cart R&R Fee S � S :00 S :00 $ 35,. S .35_` S 35 TatalfMantwunrt S S S Commercial Solid Waste and&eac lip Q.9egfion Ra#es Container Collection Rate per cubic yard Compactor Collection Rate(12 cubic yards or less) $ (1..25 x the container collection rate) CamQaator Coflechm Rate(more than 12 cubic yards) S par puU RoU-off Collection Rate $ 1a Pun Franchise Fee 5%of Collection Rate per Container Franchise Agreement Fx`bit i Exhibit Regular Meeting May 6,2014; Item 9.A RATES DETERMMM BY THE CITY MOT—.TO BIR AD3USTFD D SPECIAL SERVICES service .. Rate service Roft Out ComrnercW 95 ration $1.00(nod wrge for co, rserciW fens than 1 o feet) Wiser(10 or more feet) Rolling Qut C a er(aood raturnirig it to .?0 original loce(m) uOP e (an d dosing) ]os os N 'amp Lacks far Can#asners R59. (one time) Charge for Replacement;based on cost+IO% Unlociarsg Contasners 51.35 Snpplyasg(2nd retrofitting) _ 55500 loidang�an Adduag wheels 10 or chartg�ntg wheels on No Charge Containers Adduig H&to or changing kds an 'No e ='Y)RCr& Container Location Per Custorrser No Charge Chmngsng that Saes(alb twits per SZi UO AdMond Pick-ups for Same as Applicable QM=eMW Collection Rates Residrew Containerind CusbMers ° _ , (No Disposal Charges) Additional ITns ul (not in duEng 3 times Applicable Com tier W—Rates "on-call')Pick-ups for Commercial and Residential Corsmainesized Customers (No Disposal Charges Residential) Special Service or special egmpmvt required bec=e of i q=vd Negotiable :access ' " The frm two change outs are fame to the customer. Franchise Agreement E*bit i Exhibit Regular Meeting May 6,2014; Item 9.A RATES DETERMINED BY THE CITY aM TO BE ADNSTED DURING MO�Y CONTAINER NT ,RATES CONTAINERS SIZE RATE SIM 3 YD ! ' ?S2I.." YD =,2I 6 YD 525.53 S YD 527.09 Ia YD 532.79 COMMERCIAL S 9=WASTE AND VEGETATNE DISP S CHARGE The City will det==e the commercial disposal The rates(Vcubic yard) each Fiscal Year based an a calculation supplied by the Authority and the tipping fee. The calaom r non-cAmparte Garbage and Trash is I34 Ib kubic `yard times the Authority's tipping'fee (SItoa)'time-s" ton7 000 ibs: $/Cubic yard Commercial naa-compacted Vegetation is calculated at 275 Ib c ibic yard times i .Y the Authority's tipping fee{$Jtan)times] ton12000 lbs.- S/cx�tuc d. The compacted rate for -- tammercial solid waste or vegetative wane may be billed at either the actual expense or three times the rate for non-compacted solid waste or vegetative rate,respecdvely, Franchise Agreement Extubit I Exhibit: Regular Meeting May 6,2014; Item 9.A FXEUBrr II ]Payment Adjustment Schedule The annual consumer price index(April to App,All Urban Commers-not to exceed 3%)adjustment shall be applied to the base residential and commercial collection rates g&as shown in Exhibit I and as provided within this Agret, Consrimer Price Index(CPl},U.S. City Average,('E7naiijusteA All Urban Consumers,All Items. 5 - - - •5'r - - -.. Franchise A reement Exhibit 2 Exhibit Regular Meeting May 6,2014; Item 9.A EJMT M COLLECTION FRANCHISE AGREE' PEMIRbIANCE BOND REQUmaEMLNT The annual ge&m mc:e bond due to the City from the Contm=r is calaMed as: rtor Revmves =Peafonnence Bond Em iced Franchise Agreement Exhibit 3 Exhibit Regular Meeting May 6,2014; Item 9.A CITY OF DELRAY BEACH, FLORIDA -av %MCA.RS�G ResidesN ai Waste&Recyding Uedm Baundadw ; � � _4._ :•_rte�-. =- :- .� � S1AiR4T/ �••�� ilq�►a I�x \ ♦ ,♦` ` ♦\Dom`�-7 Lb e ; ,. \ti",♦ `. \` `�'� �� s.w fen+. at 4 NV IL - i• `�\ 4 � f • � VTR u .♦ • •*♦ ♦ - .. :-30 CE4AL L•17 CAI'IAL + � + 1 rn4s ❑ ❑ ❑ LE-3i ❑ T YWIdAY ASSAY 1lR3sl• l�(ekCSGAr HEG�ESOAY REQXMGARBAN IHMDAY R144SpJi RU61Y TYIQA• $A1(pvAT SArmaf BM VEMATICN [LE]Nai1#=100 UWARrUBir aeAr ra+6�• 1'1bpA� 1uC54AT �AT{�gaAw rEeKEStrA. �MISil1'3yA wx 7RPM e��rs offi~Jew RECYCUNG Yp16ar MyRSQar NJE3:ar .r.;►• +TRV['_,1r+ S+'.1Y6;+ ..�71LHt�Ma1lr Regular Meeting May 6,2014; Item 9.A r @O .TrNN 13 �nAQ � :O R4 Cih� � d110hO :, � LJ BJ IdG .,90 �� m - fJa l9!•• 10 y liY l� .M eo w - Ai JO OS� Cf m 16 1;6 C'p1 r DO 4 -.-A Ili M1 r 4l fit W r --O QI r 1� G C4 di IO old 41 ett i� t+7 Ol IC t0 m m Cl 8 La ID Of h PJ r N r N N. - wrr rr rN rrrNPY rrNM V' r N99Q IO rN 47 h NMRm N in N fV 0o O to O O►4 R fif a1 eC '• m e� re t+� h t� Q LC t0 a� N :N fr Ci 1p `O sr ip M1 . 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Q r Cl en CO cn -T t0 co M M1 PS w f► --CS C - rrNCt --'- NM ItIM1 tJ PJ IJO CDOM Qm m Nn 10M1 OJO 40 . q0m44 � - wf U d N N M R m 00 r!d CO N m OD N m N m +N+ N eN7 p to 0 0 0 N ='-T «! 0 ;!R ; m m G � .wr r rrNt�Jp r.- NWQ t to s g r r'r:-•- N N N N N M co M #9'i9 l0 to to m JO 07 c 0 90 @ M1 J!T h Im KaiN C[t7 NOIQq� CO N M� tD M NM � m m t4 V07 m N M 'C' to m NA avow N m v m e9 m Regular Meeting May 6,2014; Item 9.A y c M tim,.l70 van :` mNnre m r G d o �'8 a e $ T aoammey a FUrPfNhN It a OGNevvalm ° _ a 7 a .. i e mr. e9ea r., 000 G NNra � � : • c t O a co P. MP, 444 X .9 r? AN � old O d � p - rm41ln +R W t v � ly0 C% ca.M + M a OOO r r _ li c r;M to m m o `a o; n,n M " o°, $as a W F% � N m r .Q e ' r {A C1 4 m EO CO 't; p�p « �O • O rrN{9 - �O ap ~ l9 N0�0 - YO O pa. � 00 U ` $ v � SOOO 19t a �mm $ . �.:n pp 0 0 0 0 0 G Q N o w qr N O to - ,: a .�. a 0 0 0 -- S e a - N� to N e - a O Iff '-N N m dJ -" O c .3 acco � '7 0000 cNMy9QG - � - 'D 4 r� !LU GO N NNn OOOD O d .. a .� a N.^ hm00NOf C Nl� rO r _? '` 400 0 a = Q VrtoNNw- fmn M � CO N CO M o! O N-� Q N'h h " 9 Q Q Ii1 pf - Q a C y, D 2 U w M V N x en q nNfbQlf'1M w a M pppp ..p o0 � O Ol � �3 a 'Q - - rCxl ; � *' Id0 C4NW O� O Nhw m p C s„ 4 ? 04O rrN _ .L) rMN W N , - .0 U 4NNS4Vm as v Lq &gtop0 000 rtr rrwrr r Nr M qt N N ~ Ogalr,vmm r L) Fj Nr� �nu+ ra $ N ecaaQ � ua Regular Meeting May 6,2014; Item 9.A m � �T a` mO n Nrici rh :; w° a - 01h a M Npp mm Dace mr+ m mO . .u� r Dora U2 r� _ am ]~ LRNt co e7toN N4t� wm goa0 odwto t9 w^ h O th M to 1t1 W o n f47 A m r0 @ m co O to ® dl m m -.-0 co F' CCJ w �+r94 rrwlVN 05 fa wNM4 6SN0M NrhN p to NM � a` . .'N PSdm ' t`va �.IOQSO+I PA S0 r ,,a, tQm - m0 ral7h NQ 40e9 mN -.Nh W.,. ip pp m1�M11► 49 N m mu7O mtC0Eg1* fq 40 MN rt ri R O f!' 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N ' t! 4! cq 101 92 4) V9MLo ToMcq f N iAmOimm mprNC' _ �yZ rLD .CD CV N N N -r 'r (Y PJ N N ' ci 1i 9-i r146 P: N o en 4mta Nn to R O CIO cum M :,• 'Li Nr N N'Md@ W dm-0^ 0 $tQl .N+ CAN 0wID NM Q t! 10 W Cctp rNnj Q W - .- Q - ''" " •'rw w N NNNN MMNMM ttQ Q4v to 47btA so 0t0 to to co -nht-. h M � y c N as N 0 a t0 m N M et W Ep tV t7 4 to N M v to 07 N M 1w C 03 N C7 tf to 0] N to 4 a0 ' vN 0 L Regular Meeting May 6,2014; Item 9.A H Page 3 Fs•_. r::•,�rE r s� Resi-Credits 20001200 Initial ResidentiallGovernmental Disposal Credifs . For Fiscal Year 200412001 Jurisdiction: City of Delray Beach Hauler rownina Ferris Industries Unit Type Member ct GarbagefTrash ;llegeta#Jgn ;,, Grand !Jolts Tflns -.Tons Totals Sin le Famil .108141 11,895,44 . 9 191.80 21.087.30 Multi-Fami c5 7.895 5,254.32 ;h11A 5.290.32 Mobile Homes 325.fi0 .171.68 497.28 Multi >4 11,598 -8.584 .30 . N!A 8 58Q,30 Tgta!Residential 3O,60i 26,091.62 9 353,5$ :35,455.20 Governmental [VIA 2,943.29 NIA 2 943.29 Grand Total N/A 29,034.97 9,363 58 38,388.49 To Unit TypeNumber of GarbagelTrash Vegetation . Grand Units ,:'-Credits $$ Credits $S Totals Sl le Family 10;814 333 Q71.20 211,413.70 544 484.90 Multi-Family c5 7 895 148.128.96 N/A 148,1 28.96 Mobile Homes 9,116.80 3,948.$4 #3 065.44 Multi-Family>4 11,595 24Q 248.40 N/A - 24 248,40 Total Residential 30 6a1 73O,aG5.36 "213,362.34 945,027.70' GovenWrIentai(Tans} '`. 2,943.29 82,412.12 "N/A $24 12.12 : :.. Grand Total NIA 812,977,48 2#3,352.34 $1,028,338.92 credits Credit Distribdtion Auth2dotion The undersigned Individual represents that he/she has the authority to direct the distribution of the disposal credits for City of Delray 1,3 ech. Please dlstf•ibute the disposal credits in-the following manner: Municipality or Hauler Garbage/Trash Vegetation City of Delray Beach (%or tons) (%or tons) i f Browning Ferri tries Oc c,,3- c Signature I 1 0 17 oCP Print Name �s sosz&c),� SA'r- � Title i^i r4 p,s"' tr Q llwr nL Post Office Sax 24693•Wasl Palm Beach, Florida 33416.4693 Palm Beach;(561)697.2700•South and West County:930-2727•Fax:(561)646-3400 a"F!'.1209, Regular Meeting May 6,2014; Item 9.A 1 01 KharYT�lilc Fc iR` SfIf-11711 AS`ff:SDIA F1010; July 14, 2000 _Joseph Safford City of Defray Beach 100 N.W..1st Avenue Detray Beach, Florida '33444-2611 Re: Pretimtnary,20E101200'11 Go' vern"rntal As 0016 Dear Mr. Safford Please review the`preliminary .200012001 .governmental assesstrrent enclosed. .for the property owned.by your governmental:agency or which you may rent from a govemmerrt agency. The listing includes ttre properly control number, a beef descripfion, container size dr residen#tal:categ©ry, frequency or units, annual tannage and the total amount to be'assessed Plesse notify its as soon a$ possible of an _ changes in service or ownership - - x : I y t 9 This is not a riduest`far �ajMen The final, invoice will be marled 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, ASusan G. Yanevic Accounts Q ecelvable Supervisor Post Off lea Baz 24693 West Palm Beach, Florida 33416-4693 Faun Beach:(561)697.2706•South and West County:930-2727•Fax:1501)640.3400 Regular Meeting May 6,2014; Item 9.A July 10, 2000 101kP1 itl;RFIR CITY OF DELRAY B Si 11-11)LL ASTI SI q 1711 i\1 PRELIMINARY DISPOSAL'ASSESSMENT ' FOR FISCAL YEAR 2000/2009 OCTOBER 1.2000 TO SEPTEMBER_30,2001 SWA 4016 PROPERTY CONTROL.NL mar:R CQNTA1Nt:R PICK-UP _ "NUAL TQTALAtiiLOl1NT DE3CRIPTtQN SIZE FREQUENCY TONNAGE :.ASSESSED 08.4346-05-00-000-i 0eo aaucrrl3NEVOLENf ASS CGtAT10N =1 3CY iXNsfFC 'I0.45 762.8 . - 12-4246-12-O -VV\A-so. 0 f I a•{:- lif, h :.i. FIRE STATION#4 2 8560E 1 XNVK 3.48 254.x4 . 4321 LAKE ;2 95GAL RECYCLING N4 CHARGE 12-4246-12-00-040-51)40 BRRWICK PARK . 18 20GAL 3lUWK 'f8 81 1*373:13 12-42-46-2404-0014=0 L AKEVIEW GOLF CLUB INC _.. 1 2CY 23C1W -., ,. _ K 1,017.52 1242-46-25-00-000-1138 FIRE STATION#5 2 95GAL 1KM(iC 3.48 25404 4060 GERMANTOWN RD 2 95GAL RECYCLING NO CHARGE 12-43-4608-00-000-3010 S CMML.WASTE WATER TREATMENT 1 4CY 1XNVK 13.94 1,017.52 12-43-46-08-21-000-3500 SOY SCOUT BLDG CURBSIDE 2XNVK 1.95 142.35 12-43-46-'1&01-020-0!}10 FIRE DEPT,HEADQUARTERS 1 4CY 1 XNVK 13,$4 1,017.62 4 96GAL RECYCLING NO CHARGE Post Office Box 24693-West Palm Beach, Florld3 33416-4693 Palm 8aach:(561)697-2700-South and West County:930-2727-Fax:(561)640-3400 Regular Meeting May 6,2014; Item 9.A l July 10,2000 1 Ot'R p;R71FR FOR ... St11.11)11 11TF,%114.1 Tlt CITY OF ©ELRAY BEACH - PRELIMINARY DISPOSAL'ASSESSMENT FOR FISCAL YEAR 2000/2001 OCTOBER 1,2000 TO SEPTEMBER 30,200'1 SUVA 4415 PRO.P_E. RTY CONTROL NIA ISER -..CONTAINER .SICK-UP ANNUAL TOTAL AMOUNT OESCRlPTlON SIZE .. FitE46EF[CY TONNAGE .ASSir$Sw 12-4345;'!6-01 -0070 - TENNIS CENTER' SHARES WITH CITY HALL 12-43-4646-01-048-0010 6-41-048-0010 f,RERRiTT PARK 3 30GAL iX1WK ;114.61 - 12-43-46-18-01-051-00��3 CI•TY.HALL` 1 8C 3XIWK 63.82 6,1114.26 = 1 8CY RECYCLING NO CHARGE `18CY RECYCLING:' :NO,CHARGE ROLLOFF RECYCLING .,: NO CHARGE 12.43-40-16-01452-W10 COMMUNITY.CENI R SHARES WITH CITY HALL 2-43-4&1"1-060-0120 HISTORIC P8C BLDG 1 45GAL 2XNVK 1.53 11 t.69 I 45GAL RECYCLING NO CHARGE 12-4346.16-01-067-0052 CASON COTTAGE(HIST.SUP 1 95GAL 1XIWK 1.74 127.02 1 95GAL RECYCLING 12-43-46-16-BS-000-0010 OLD SCHOOL SQUARE 1 8CY 1XNVK 27.87 2,034,51 1 95GAL RECYCLING I NO CHARGE Past Office Box 24693•West Palm Beach.Florida 33416-4593 Palm Beach:(561)687.2700+South and West County:930.2727•Fax:(5611 540-3408 Regular Meeting May 6,2014; Item 9.A .fU1 10, 2000 ;: It��R P%R I XI K FOR, .Y 5nt.lul�;tl'Ir�Et lu�� CITY OF DELRAY BEACH PRELIMINARY.DISPOSAL ASSESSMENT FOR FISCAL YEAR 2001312001 OCTOBER 1,2000 TG SEPTEMBER 30,2001 :SWA 0016 PROPERTY CONTROL NtJMSlrFt CONTAINER P1Cit i3F� , ANNUAL TOTAL AMOUNT DESCRIPTION[ SIZE FREQUENCY "TONNAGE ASSESSED 12-4346-1 G-o 1-077-0040 ViORTHINGTON PARK 1 20GAL 2XI&46 0.70 61.10 : 1243-46-16-01-101-0070 i.IBRARY ' 7 2CY. " iXMfK 6 97 508.61 12-43-46-1183-01-101-0172 --,r CHAMBER OF COMMERCE 1 2GY . 1 X1VVK 6.97: 508.87 12-4346-16-W-001-0000 , VETERANS PARK 11 55GAL 3XiVYK 31.04 2,265,92 S 10.45 762.55 RAMBLING ROSE RIVERBOAT TQUfts 1. 3GY : ?,X1�VK 26 W9{S 12-434a-16-01-134-0010 MARINE&HM13OR PATROL 1 6CY 3XNVK ' 62.71 4,577.83 � 12-43-46-16-E3-002-000 FIRe STATION#2 2 95GAL 1XA0VK 3.48 254.04 35 ANDREM AVE 2 95GAL RECYCLING NO CHARGE 1243-46-16-22-023-0010 SAN ODWAY PARK 1 30GAL 3XAIVK 1.57 . 114.61 1 IGLOO I RECYCLING NO CHARGE Post Off!"Box 24693•West Palm Brash,Florlda 33416-4693 Palm Beach:(561)697-2700.South and West County:930.2727+Fax:(561)640-3400 -- Regular Meeting May 6,2014; Item 9.A i July 10.2000 .51110%%A.%TL 4ut.f-Ylt it CITY OF DELRAY BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 200012001 OCTOBER 4,2000 TO SEPTEMBER 30,9001 awa 006 PROPERTY CONTROL NUMBER CONTAINER PICK-UP, , .ANNUAL TOTAL ADMUNT DESCRIPTION SIZE FREQUENCY TONN+IAGI; ASSES SED f. 112-43-R$46-22-023 402(3 SO SAM7OWAY PARK 1 30GAL 3XAN1C 1.57 114.61 12-13-45-18-28-001-0200 PARK PAVILION-25 OCEAN BLVt7 64 30GAL 2)(11{IK &6 89 4,882 97 12-43-48-17-00-D00-3130 : _ POMPE'!PARIVBALL FIELDS 1 4CY 2X1WK 1 IGLOO RECYCLING " NO CHARGE 112-43-46-17-011-000-3140 POMPI=Y PARK R>=cCRf=a►rronr�L 1 4CY " 2)VIMC 27.87 2,0 34.51 rm 12-43-46-17-00-000-3160 POMPI r PAttl€/MMMING POOL 1 20GAL EMPTIED INTO DUMPSTERS NO CHARGE 1 32GAL AT POMPEY PARK NO CHARGE 1 45GAL NO CHARGE 12-43-46-17-23-0 08-Q110 . ATLANTIC GARDENS CURBSIDE 2XNVK 1.95 142.35';"--- POLICE StJ&STATION 12-43-46-17-26-002-0230 AMERICAN LEGION HALL 2 950AL 2X1WK j 6.551 478.15 Pusl Office Boa 24593•West Palm Beach,Florida 33416-4693 Palm Beach:(551)697.2700.8nulA and Was#County;934-2727•Fax.(561).640-3400 Regular Meeting May 6,2014; Item 9.A July 10, 2000 , .CITY OF DELRAY BEACH .u.IUVWutl-M q vritNs PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000/2001 OCTOBER 1,2000 TO SEPTEMBER 3Q,2001 SWA 0016 PROPERTY CONTROL NUMBER CONTAINIIR PICK-UP ANNUAL TOTAL AMC7tJNT, OESGWPTION SIZE FREQLIENGY 'fChINAGE AS$ESSEO 12-43-46-17-45-001-00£it] PONCE COMPUX 1 6CY 2XNVK 41.81 3.052.13 1 2CY RECYCLING NO CHARGE 2 95GAL REGYCLING NO CHARGE 12-43-46-17-49.050-0010 OFFICE COMPLEX 1 3CY 1XMtK 10.45 762.$5 (ATTORNEY'S OFFICE) 2 95GAL RECYCLING NO CHARGE 12-43-46-19-OU.00-101 a ss COUNTRY CLUB 1 4CY 3X1VVK 41.81 3,052.13 2 .2CY RECYCLING . NO CHARGE . ; 12-43-46-2 fl-01-408-0030 . FIRE STATION#3 :2 95GAL 1XlWK 3.48 :254.04, 861 LINTON BLVD 2 95GAL` RECYCLING NO CHARGE' 12-43-46-20-01-009-0010 WATER' PEATME:NTFLAW 1 BCY IXNVK 20.94 1,525.70 cmr GARAGE 1 8CY 3X1WK $3.62 L3,1 D4.26 EVIR,SERV.DEPT.COMPLEX 1 4CY CARDBOARD RECYCLING NO CHARGE 4 95GAL RECYCLING NO CHARGE 12-43-46-20-01-018-0010 16 HEADSTART DAYGARE CENTER 1 xcy . 3XlWK Post Olflce Box 24693•West Palm Beach, Florida 33415-4693 Palm Beach.(561)597-2700•South and West County 930-2727•F ax:(561]645 3408 ' Regular Meeting May 6,2014; Item 9.A July 10, 2000 .101 R P RTNIS ia]k CITY OF DELRr4Y BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 200012001 'OCTOBZR 1,2000 TO SEPTEMBER 38,2007 SWA 0016 PROPERTY CONTROL NUMBER COI+ITAINt PICK-UP ANNUAL TOTAL A111G11A1T DESCRIPTION $IM FREQUENCY TONNAGE `ASSESSED 12-434&20-0 1-026-GOQ PINE RIDGE CI„ME MRY i 95GAL E 1XIWK 1.74 127.02 12 34 fi-21-Q0-000-5Q00 TLANtT1C CUNES PARK 7 3013AL 3XM/K —1:0 97. . 800.8.1 12-+3-45-21-01-001-0130 v+aMEN�s CLUB CURBSIDE e_ 23W K 4.55 142.35 12-43•as-21 -o =a r>8=o 60 C URRIE COMMONS PARK' f;1 46GAL 2XlUVK 1.53 111.69 2 95GAL 2XNVK 6.97,: 508.131 2-4346-21-M.002-.4091 KN[OIM.ES PARK 4 3 CANS 3XMIK 6.27 457.79 1 55GAL CANS .;3XNVK 2.82 205.86 12-43-46-22-07-000=aQso } . MILLER PARK 12 30GAL 3XNYK 18.81 1,373.13 11 20GAL 3XNVK 11.50 633.50 4 55GAL 3X/WK 11.29 824.17 9 4CY 3XANK 41.81 3.052.13 1 IGLOO RECYCLING NO CHARGE TOTAL 812.45 i6a 8 3 Post Office Box 24693•W @St P21M Beach, Flarlda 33416-4693 Palm Beach:(561)697-2700+South and Wesl County:930.2727•Fax:(561)540-3400 Regular Meeting May 6,2014; Item 9.A YOUR PARENER F(* 16611)H"kSTk iiM.k TICrrnS Calculadon Eatmufi _ e `mental s e sinents 2 g : October 1,2000 W September 30.200'! 1 qe #Dumpsters'X Cubic Yards X#of Plclwps Per Week Equals Total Cubic Yards Per Weep z `` 2 Take Total Cubic Yards Per-Week X 52 Weeks ' a Equals Total Cubic Yards Per Year 3 Convert Total Cubic Yards Per Ye ar To Cubic Yards Per Year X :':067 l aas"per wbdo yardi24DO) Equals Total Tons Per Year h 4 Total Annual Tannage x-'$ 3 00 Rate for FY,2001 Ave: y fA al "a a Per Unit B Res'den 'ofrn#e o Gat# 7 7./R95 Single Family Homes: 2 ;--M! Sf Mufti-family.2-4 units Cat#3 1.68 Mobile Homes Cat#4 .74 Multi-family 5 or more units . Other o r ke_s 20 gallon = A 0 cubic yard 30 gallon _ ..15 mole yard 55 gallon = .27 cubic yard 95 gallon = .50 cubic yard Compactors at 3 to 1 ratio Past office Box 24893•West Pala Beach,Floriila 33418-4693 _ Palm Beach:(561)697-2700•South and West County:930.2727•Fax.(561Y 540.3400 Regular Meeting May 6,2014; Item 9.A CTTY OF DELRAY BEACH BID PROPOSAL FORM To: City ofDelray Beach 100 NW 1"Avenue Delray Bead Florida 33444 Project. Uid_W_ rate.Vegetative Waste sud Reading Collection_Services City Project Manager:Joseph M. Safford,Finance Director Bidder: Bidder`Address: Date. Bidder Representative. Phone. BIDDER'SDZCLAI TIO ,ANA IMERSTANDINN ?he undersi hereinafter called the Bidder, declares that the only persons,`or parties interested in thus Bid are those named herein,that this Bid is,in all respects,fair and without find, that it is made without collusion wig SAY official of the City of Delray Beach and that the bid is made without any coQnection or callion wntff airy person su her Bid an this Project. : snot The Bidder further declares that no City Commission Member, other City officer or employee directly or A 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 Con&tions,the Special Terms and Conditions,and the Franchise Agreement and that this Bid is made according to the provisions and under the terms ofthese documents,which specifications are hereby made a part ofthis 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-Z Regular Meeting May 6,2014; Item 9.A Bid Form(Page Z 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 TX M The Bidder hereby acknowledges that the sums bid below shall not include Florida sales or gross receipts tax Delray Beach is exempt.amounts City Y ofDelr pt from these taxes on services. _BID DATA SUPPLE BY CITY The - s, The Bidder hereby acknowledges that the number of units, cubic yards, or other data sup ied the munm Pp by City are d faith estimates for the sole purpose of determining bid awards The City does not guarantee any um or maximum amount of work whatsoever. :BIDPRICES Bidders wnittg to perform the residential solid waste, vegetative waste and recycling collection services for the City and Commercial solid waste collection services are requsred to subn°t did pnces as detaded behove ResideetiaL Solis wast V r etative Waste.., nd e RecvcL:ag Caertion Sams I(We)propose_to collect all residential solid waste,vegetative waste,and recycling from custornen .within the City ofDeiray each service area and to provide these services incomplete accordance with the rovisions of the General Terms and Conditions,the;Special Terms and Conditions,and the Franchise__ Agreemient. The bid prices below are for collection costs onlg. This residential bid includes single family Y P and mul#� farniry wits Tins Ind does not include an y s ecial eh es as shown in Exhibit I of the Franchise Agreement or City administrative charges,rvgou#cart fees or franchise fees `Commercial,Solid W I propose to collect all commercial solid waste from businesses within the Choy of Delray Beach service area and to provide_ these services in Complete accordance with the provisions-ofthe General Tenits aria Conditions, the Special Terms and Conditions, Arid 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: Bff1DE.R: (Corporate Seal) Signature Signature Title Title BPF-1 Regular Meeting May 6,2014; Item 9.A ) SUBMISSION FORM PROPOSED PROPOSED COLLEG" ON COLLE CTION FEES ESTIMATED RATES PER per. SERVICE - I1NFT& ;:MONTH YEAR Residential Solid Waste SiF Curbside Rollout Cart 12,888 SIF Rear Door Owner 1,351 Contalm MN Curbside Bas sic W Containerized 13,847 Re ddea691 v Curbside Vgetative 16,754 Rrsideatial R� ctin Curbside R cliln 16,754 _, Containerized Recycling 13 847 TOTAL'PM]DENTIAL N/A v .PROPOSED C ECTI N'FEES ESTIMATED ger SERVICE CUBIC YARDS RATES per?MONTH _ YEAR Commercial Solid Waste Per Cubic Yard 4 From-Load Compactor S " ZBI $ per Cubic Yard Roll-Off Com actors 14 Haut ull Rate Only $ Per Pull NIA Commercial gMding Containers 110 1,330 $ per Cubic Yard TOTAL CO.MMRRCIAL Note: Collection rates should not include disposal,container costs, special services costs or City fees. Company Name By: Name: Title: Date: BPF-2 Regular Meeting May 6,2014; Item 9.A ADDENDUM NO. 1 CITY OF DELRAY BEACH BID NO.2001-21 . SOLED WASTE,VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES Addendum No. 2 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 iaf�nnation contained m this Addendum is abbreviated and general in nature. It is the Bidders responsibility to include a0 items necessary for the proper execution,coordination and completion of all worildservice direct!y affected by this Addendum.:. mNws ARE '.As 'Thaws: I. Replace"Bid Submission Form" (Page BPF-2}with attached revised pageBPF-2 2 Replace "Coi un al ;Solid Waste Containers" worksheet with attached revised page reflecting 1032 containers and 34,259.Total Cubic Yards per month. s. A copy of the'Solid Waste Authority ``Initial Residentl&Grn+emnientai Disposal:Credits `far Fiscal Year 200012001";is provided and attached as additional information to Bidders.` 4. A copy of the Solid Waste Authority 'Preliminary 2000/2001 Governmental Assessm,eat" is provided and attached as additional information to Bidders.' 5 Amend"solid Waste Disposal Costs"page 3-23 to r dude'the following language . Contractor shall be responsible for all fees, costs or penalties assessed by the Solid Waste Authority'for a'nyr 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 be the City and the `Solid Waste Authority dated August 16,2000 regarding the collecdor%-data documentation and promotion of rem materials. . 6. Amend `Ligal R*iremenf in the General Terms and Conditions -2 GTC-2 to include the following language: a Contractor shall abide by State law regarding any areas that are annexed into the City during the terra of the Franchise Agreement. 7 week id whereas the original bid subinit an alternative bid to reflect vegetative waste being picked up 5 days per is based upon 3 days per week. Bidders shall acknowledge receipt oftNs Addendum by completin the appropriate section below and submitting with your bid package. 61,,/Joseph K Saffor Project Manager Addendum No. I Regular Meeting May 6,2014; Item 9.A Addendum No, 1 Authorized Signature: Name and Title. Company Name: Address: Phone Number. Fax Number 1� 3 Addendum No. 1 Regular Meeting May 6,2014; Item 9.A - BID StTBMISSHM F .RM PROPOSED PROPOSED COI�.Ef"ITON OLLIMON FEES ESTIMATED ;.�.4TE.5 PEIt per BN 'I'3 1MiNTS SERVICE 'I�AR Residential Safid Waste S/F Curbside Rollout Can 12,888 S/F Rear Door Owner - co ntamer W Curbside B 2,505 MIF Contain 13,947 Residential Y dative Curbside Vegetative 1�754 �r r - Residential Re cycling Curbside Recycling afi 754 Containerized R clip 13,847 TOTAL RESIDENTIAL STIEMATED PROPOSED3 COLLECTION PEES ; G'IIffiC YARDS COLLECTI]l per SERVICE `Per MONTH `RATES erMONTH .YEAR Commercial Solid Waste Crnttainers 1,432 -34 259 $ er Cubic Yard Front-Load Compactor 5 281 $ Per Cubic Yard Roll-Off Com actors 14 Haul 1 to O Per Pu11 NIA TOTAL COMMERCIAL Note: Collection rates should not include disposal, container costs, special service costs or City fees. Company Name By: Name: Title: Date: BPF-2 Regular Meeting May 6,2014; Item 9.A AMEDMENT No. I TO SOLID WASTE AND RECYCLING COLLECTION G A TEDIm TffiS AMENDMENT NO. 1 to the Solid Waste and Franchise g Collection ` . Agreernem dated September 2{}, 2001 is made this p2day of 2003 by and between the CITY OF'DELRAY BEACH (tl City?and WASTE 11"AGEMF,W, INC OF FWMA (OWM°), . WITNESSETII: ': - :WHEREAS, the City and BF1 Waste America entered mto a Fral3chise Agreement dated September,20, mi s tg provide for the collet ion of solid waste and recycling materials within the City; and WHEREAS, WM is in the aces of l?r IP Jot cm1ain asseta of BFI, wk ich include the franchise agreement wi#h the City, azui Purchase is anticipated to close during the month of October, 2003;and Section 37 of the Fra hise Ag=mmt between the City and BFI requires that IM obtain City approval for the assignment;and 'AREAS, the City is currently engaged. 1n litigation regarding the franchising of construction aW demolition debris; and WBERFAS, WM has in the past sued the City regarding the franchise agreement; and W + EAS, as set farfh herein, WM shall aglTe to indemnify, hold harmless and defend the City regarding the current litigation brought against the City regardmg the fraachUi ug of construction and demolition debri; and Regular Meeting May 6,2014; Item 9.A r. r WHEREM, WM apologizes and the City Commission accepts WMF$ apology fur filing Stilt:13Icvi()usly when ib franchise was not renewed;and WHI +RW, the franchise agreement is hereby amended to provide that the term.of this A gteemeat shall begin October 1,.2003; and VAS, ;the firanchiise `agreement is farther amended to provide that the gimp times for residential service on Satnrdays shall be no culler than 7 00Ma m.; and WAS, thzs amendment shall be of no force and effect if the Purchase of cei in assets of BFI hay WM fails to chase. NOW THEMORE:the partKes agree as follows: recitations set forth above are incorlaorned herein. - r 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 Was' aste Mara gement Inc. of Plonda. - 3. Section 1, "Term" of the Agreement is hereby amended to provide that tore term of the Agreement shall begin an October 1, 2003 and expire on September 30, 2048 and shall also be renewable for one five year term upon tote approval of both Parties. '4. WM agrees to tales over the complete defense of the City and inden ify defend and hold harmless the City, with regard the pending Jaws= in federal court captioned Southern Waste System.€, LLC V. City of Delray Bench and BM Waste Systems of North Anwrica, Case No. 03-80003 including, but not limited to the payment of attorney fees and costs at the tctial and appellate levels. WM shall not be regL*eed to pay any damages to the City under the indemnification and hold harmless 2 Regular Meeting May 6,2014; Item 9.A c provisions, provided, however, WM shall pay all compensatory damages (but not punitive, special or .incidental damages) and .attorney fees and costs that may be awarded to the Flabitiff. WM furdw agrees that if any court of law should determine that the fmnchise .agreement between :the pardes...'or the applicable ::ordinances coming the franchising of construction and demolition debris violates any statute,. cvnst}tution or law, then. .-%7M shall voluntarily s ee to amend any portion of the franchise agreement lo comply with the Court's ruling and hereby voluntarily consents to the adoption of.a. revised ordinance that the City deems rt needs. adopt to be m camPliance with the Court order �5 WM further agrees that prior to the filing of any cla�m or lawsurt against - t the City based upon a breach or default by the City under franchise agreement it shall notify the City, within 30 days, of the ac ion or inaction glvmg nse to ft claim or lawsuit. WM shall not claim any damages against the Criy greater than,30 days prior w its Win, Once WM files its claim, WM shall theta have 90 days m.which to Me a lawsuit or legal action. in a court of law $ ainst the Gi or it shall forever be parted from doing so. WM shall not attempt to sue, or threaten to we and shall not sue, for any claim or .cause of action if tine .City Solid Waste Colleed.on 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 nor!renewal of the franchise agreement and only for 3 Regular Meeting May 6,2014; Item 9.A WTNESSES: WASTM INC. OF 7P MA $BIOid CSIbpF,D]StliCt uhnager t or typed} (Name panted or ) : STATE OF_Flor�doi COUNTY OF )Abr l� The &regaing instrnmont was`acknowledged before me this � day Of �Q J, by . Cr�ra r+.P , as (narne of officer or.agent title of officer or agent), f Iti3 „ (name 'of corporation ackntow]edgu ,` a S,1ar�r " (state or place of iacorporaho );corporation, on treh k of the carpa�ratian. =`efShe is suia� i!� to me' ar bas producer] (type,of identitcatian� as tentificatian. �igTlatllTB of � Pecs ) � wledgmerd Q � Q' Vol I Name Typed,RmO or Stampcd mr £ # 5 _� Regular Meeting May 6,2014; Item 9.A AMENDMENT NO,2 TO SOLID WASTE AND RECYCLING COLLECTION FRAN QS SEA OR EEMENT DATED SE X7EMER 20,20 THIS AMENDMENT NO. 2 to the Solid Waste and Recycling Collection Ranchise Agreement dated September .20, 2001 is made this d ay of 2406 by and between the QTY OF DELRAY BEACH (the City) and WASTE MANAGEMENT INC.OF FLORIDA MM ,.W.ITNESSETIL , 'F1��REAS, the Caty and BFI Waste Spstems of North America (•` BFI") entered into a Franet>t Agreement dated September 20,2001,to�provide for the c:ohec c,)n of ':solid waste and recycUng materials wi#hir► the Gty (the "Agreements');and WHEREAS,pursuant t©Amendment No. 1 dated September 29,2003,the Cr consented 'ty to an assignment from BFI to WNI of the Agreement togethez With modifications to the temp, indemnification provisions and other provisions; and NrI3EREAS, 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 Regular Meeting May 6,2014; Item 9.A NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideratim the receipt and sufficiency, Of which is actatowied ed, the g.:. parties,. . ._ agree as follows: T The rec`�tations set forth above are incorporated herein .All pztaizzed terms sixali have the mean nmgs set Earth m the Agreement as`amended ess the context requires otherwise. 3• 4( �( }, of the Agreement is hereby amen Secttor� A 1 ded to provide t Curbside Resxdentxai Vegetative Waste collection shall occur as set forth on the attached Exhibit "B" to thzs amendment MS.mvdzficatxon shall be effects h... ve October`1,2006 4• New S Lion 46 is added:k Coavnenang July 7,i 46 all WM sh called`at Ieast ont a we o and dispose of Garbage and Trash deposited i�public transpor(afian shelter receptacles"Itsbed on Exhz`bzt ."A a.and incorporated herein. The City shall pay CCntraL40i,$13.00.per site per.collection per week This rate shall be subject to adjustment pursuant to Section 6 and Exlu'bit H. Contractor shall bill the City monthly in arrears for such service. 5. This Amendment No. 2 together with the originai Agreement and any written amendments hereto, canstitute 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 Regular Meeting May 6,2014; Item 9.A any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous'th the acecuticm of ttus Amends tt" 6. Except as expressly modified M herein ar as modified by sul3sequent writ-tcen amendmex�i alt other terms and conditions of the ongznal Agreement and ariy amendments thereto survave ttus=Amendment and Fare h r -:_ r' r P�� gar �-,q{ y�•1 Rx` x { _ rsi + ,�'..- �._�: deemed to be it1 corporated herein and are buidin z eon the;parhes. SS IlVYITNE WFEREOF, fhe parties have executed this Amendment the solid Was°e and Re cycting Collection Franctuse Agreement on the day.and ,year first hereu►above written. ; 'TTE,ST E _ CITY O D �y1 City Qeark - . , - - erIman„ ayar ( 1 Approved as to legat form ' and sufficiency: �. City Attorney 3 Regular Meeting May 6,2014; Item 9.A WITNESSES: WASTE MANAGEMENT,INC. OF FLORIDA By. hn Casagrande Ce President (Name printed or.fpped) _ . (Corporate Sesij (Name primed or typed) STATE OF CQUNTY OFD ��.,D The I egoing,ns.b L=Ont was ackric edgdd before nee this :day of 200 by as fnaz3ne of officer or agent tdie of officer or agent);of (name of corporatLosci akrtowl ' . . _ �8�g), a . {state or place of inao.rporaticm)corporation, on behalf of the corporation I3efShe is ':Peraorially` latawn to ate or has produced (type of identification)as identification. Signature of Person T g Acknowledgment Name Typed,Printed or Stamped, "'� BI�wNTA�ti M.�t1'OONNt681�110D41704p � job % BOW TWNK et RcurySetft 4 Regular Meeting May 6,2014; Item 9.A r DELRAY BEACH PROPOSED BUS SHELTER LCCAPONS SHELTER# LACATED ON INTERS N 1 t�Ul1DRANT STOP# -- Swtnfan Avery . .. Atlantic Avenue 2 Gorlasess Ague NE 6482 Ceta E 7 ongress Avenue SE T318 NE 1Et Street E venue , West aM Avenue N 76fi7 NW 1st Avenue f3 West Atlantic Avenrte bwzw Avenue Avenue SIIV 7t`7T SW 4th Street ;a :',7111 B SW Avenue 9 AuburnDan $Vlf 112 Avenue Wha Rd(O Delra Square) S =7424 10 N.Swinton Avenue Lake Ida Re ad �1 6358 cutev: 3W fs 10th Sheet Egret Circle NW 7342 Cengress Avenue 5E .13 NW ft venue NW 2nd SL MLK Dr) 15W. 323 .14 gill tilt#AverttJe West Avenue r. 1N 4 s i 5 5fte venue S -;,At�Bc Avenue 210 1ti SE Bth venue 1) BE st treat i7 W, M 11th Teffain 8Wi+ntort Avenc S ` 8437 SE 4 OW Street i9 e c venue sW 10th Avenlre N 7 7673 2a AffardkAvenus NW Sth Avenue NW 71322 21 6WIfts SW 1 Avenue IVE ::8529 • . 22 SE 51h Avenue SE 10th Street . SW F Federal 1) Banyan Tee a 217 . ,Congrrss Avenue n E 782 : . 28 SCL Mihfa Trail pe 27- - IA Ent, E 1 i Plaza EnT NE l. vsrm Boulevard . Pines of DeftW Ent..... SE WestAtON Avenue .: Forest t$ sw 7301 . 3 West Atli Avenue -Sunset Pine D rive NW 7. 3f Barwick Km West Atlantic Avenue E 7 Congress Avenue Can9rps8 P ark Ent. � Ca rase Avenue 2— PBC Hem Dept 34 Congress Avenue S '10th areet 785 al�Mau# nt. W 17 38 Fe S a ou a dr. NW L16M NE By 287 Audobon Blvd 733 ngresa Avenue #2101 NE 780 Federal l) Unde Nl= 2a tors venue E 6 freer 1 Auburn Avnue uburn Drive NE E 7103 42 OthAvenue SW 11 r Street SW 7407 43 SW 1 Avenue 1m NE T z1 SW IMAVenue Lindell Blvd. NE sw 73fi2 10i1t Avenue ninon Blvd. SE p� Lindell Boulevard s elra NW 7423 47 Undefi boulevard bOulevard aatterel Road . NE 7339 Regular Meeting May 6,2014; Item 9.A L ! L L 's f 1! ik" WO Im - n MR, 00, • \`\ IRS 1 �. , ,MI �m ON ti +�•� � �:�., � �• ��.. -,�, rte- �� ..�, - AMENDMENT NO.3 TO SOLID WASTE AND RECYCLING COLLECTION .FRANCHISE AGREEMENT DATED SEPTEMBER 20,200 THIS AMENDMENT NO. 3 to the Solid Waste and Recycling Collection Framd- se Agreement dated September 20, 2001 is made ft..2.: day of 1 , c; 1 2008 by.and betweea the CITY OF DELRAY BEACH {the Csty)and WASTE MANAGEMENT INC.OF FLORIDA C WM"}. YITNESSETFL WHEREAS, the City and BFI Waste Systems of North Amenca (" BFI„) entered into a Frazichise Agreement dated Septenr►ber 2f},2001,to provide for the Y y collection bf sot?d . waste and recycluig 'mateaals within�. the 71W (the �Agree�ent");and rrs' WIiEREAS,pursuant to Amendment No. 1 dated September 29,2003,the City consented to an assignment from BFI to WM of the Agreement together WitFi modifications to the term, indemnification provisions and other provisions, and WHEREAS,pursuant to Amendment No.2 dated September 20,2006, the pasties amended 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 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 Regular Meeting May 6,2014; Item 9.A Consumes Price Index, delete exclusivity for temporary open-top rolloff service rs for co.nstniction and demolition ;debris at construction, 'demolition and renovation sites and require a written agreeunent for storm cleanup activities. NOW, THEREFORE, in consideration of the covenants carrtained hexeYri and#ox other good and valuable amsideratzon,the receipfi and sufficiency of which is aclaw`vledged,the parties agree as follows 1 The recitations set forth above are oleo rated herein. 2 AIl capitalized terms shall have the meal mgs set forth in 'the Agreement as amended unless fhb conbeut requires otherwise 3. tt.�x Sec '1 TERIVI is amended to lead as foIIows: The term of this Agreement is hereby extended for five years and expires on Sepfe»sber 30, 20I3 _ -_ P�r4 •' T t a '` 4. Section16A is'ameit to zead as follows. Solid Waste and Recycling Collection Rate Adjustments. Far all Collection services, the charges shall be'initiaity based on the``rates established in Exhibif 4 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 Residentiat 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 of this renewal term and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted for(i) changes in the Consumer Price Index("CPI)and(ii)changes in fuel costs as set forth in Exhibit II. 2 Regular Meeting May 6,2014; Item 9.A The Contractor shalt supply the City faith such further information as may be reasonably necessary. Annual rate adjustments shall be effective October 3 of each year, beginning Qctn6er;1 2l�3, uiztess o#herroe mutually deterrmined by the City and the Contractor. S. Section 20 NATURAL`DISASTERS is aazended by adding the follotw g'to the end of the Section Also, if the City engages a storm debris removal contractor far storm debrLs rernozJal, Contractor shall not be required to pick up the`vegetrrtiae, bulk trash cvnst veion debris,or other sitorm debits(this does not include garbage and Contractor understands that the garbage colirscnort `nay increase as a`result'of the_storm) during the time the debris removal contractor is ac#tareIy removing debris train the public rtgh#s of way. If. the City wishes to engage.Contradfor in this storm debris re»to'aal it shall be by separate'=tract whaeh shall be FEMA approved :Contractor agrees that if the City is stal engsrginng its storm debiis'removal contractor after a r period of 3 months from the date of tote evuent and that Contractor has; o a reductFon, that is out of the ordinary,_sin #onnoge of was#e hauled as comprised to previous years, Contractor agrees to discuss a reduction in fees with the City - r 6. The Contractor h�torricall y has provided annually to the CitF 10,000'W. of in kind services at City sponsored_ special events. The parties agree that same shall hereby be increased to$20,000 worth of in-kind services at Pi City sponsored events. The 'City :shall treat the fn�-ldnd service level as a Sponsorship of the event and shall Mude Contractor as one of the advertised sponsors at the appropriate Ievel where possible. 7. Exhibit I and Exhibit H are deleted and replaced with new Exhibit I and Exhibit H attached hereto and incmpvrated herein 8. Notwithstanding any other provision in the Agreement, temporary open top rolloff service for construction and demolitiom debris at construction, demolition and renovation sites is not included in this Agreement. 3 Regular Meeting May 6,2014; Item 9.A 9. This Amendment No. 3 together with the original Agreement and any written aFnendments 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 c cizng Drat representations, assurances, cialms or d scIauners, made is V either prior tr or sunultaneovs'with the execution of this Aalendme IO p exp d m writing herein ox as modified,by - Exce t as r esslp modified subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Aa end ment 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 Collectiort Franchise Agreement on the day : and year fist hereinabove written. A CITY LRAY BEACH,FLORIDA �dty Clerk -� '0$ Rita ' ,Mayor Approved as to legal form and sufficiency: 'ity Attorney 4 Regular Meeting May 6,2014; Item 9.A V4TNES. SES. WASTE MANAGEMENT,INC. OF FLORIDA liice Pies {N r e prrr*or typed) r• (Corporate Seal) . , (1Vaxn+e printed or typed) 'STATE OF ` COUNTY OF The fore gomng instrsiment was acknawiedged before nee thrs of 2QQ b' as i CE -e 1p, {mine of officer oar agentr it a of officer or agent),of A1nre co of ame i�i-�a1lc. rsPl ., n '` ( rporaixon aelatowiedging}. a (state or place a#inrorporatfon) corporation, on behalf of the ; corporation He')SIhe is anall known :to or has produced (type of itieatification)as ideittificafaan: oF7 72,q, Signature of Person Taldng cknowledgment Name Typed,Printed or Stamped ..';; F10$A�w+veo+� EVFft0 t ff9-2M0 5 Regular Meeting May 6,2014; Item 9.A EXIISIT I Approved Rate Schedule Rater,Effective October 1.2008 "(Rates are Monthly unless otherwise indica#ed) Rates: Cu ftWcka Can: :•Solid Waste 614 -m9 ;r 2.50 � Yard Waste "$2.50 { _ - Totai net of FFs) $11 14 , Rear Door Cans: - Solid Waste $'1614 Recycling $ 50 i Yard Waste $2.50 Total(net of s 4 Curbside Baas;. :. Salad Waste $414 Ong $2.50 Yard Waste $2.50 Taal(net of FF`s) muififarnfly Containerized 1pgr unit] Solid Waste $3.10 Recycling $2.50 Total(net of FFs) ^ Commercial Rags`. Cornmerclal FEU yard(Collectlon Orly)(incl FFs) $6.60 Commercad Carts(monthly rate) $ Bus Stop Receptacles(rstelsitetwreek) $ J ff Rate NOT INCLUDING C&D(per Haul plus disposal)llncl F 's $ 6 Regular Meeting May 6,2014; Item 9.A EKHMff TA Approved Rate Schedule Rates Effective October Z, 2008 Contractor currently picks up individual 30-gallon cans along Mantic Avenue,the beach area and Pineapple Grove. Out of-a total 104 containers,64 do not have property control numbers and therefore the City Is not charged for disposal by Solid Waste Authority but Contractor Is so charged.Although the City Is not charged for collection(per contract)of these containers the Q*Will reimburse Corftctaor.for the disposal costs related to these containers. The City WH be billed$7,390.66 annually which YAl be computed as follows: 84 30 gallon containers picked up 6 times per week :$28 per ton disposal rate charge by SWA=$1.88 per cubic yard . 30 gallon container =.15 cubic yards 84 containers X.1 5 cubic yards X 6 pickups per week X 52 weeks X$1.88=$7,U0.68 Should disposal costs be adjusted by the SWA,the above reimbursement shall be appropriately adjusted. 7 Regular Meeting May 6,2014; Item 9.A EXHIIBrr II Payment Adjustment Schedule Ccrosumer Price index Compensation payable to the Contractor for collection services shall be adjusted upward or downward annually to reflect changes in the Consumer Price Index for all urban cons�mers`for Mianu Fort Lauderdale area, all items, as published by the:U S De r4 Labor, Bureau of Labor Stafiastics ( CPI :Beg nnir►g on October 1,2D09 and on each October 1 thereafter, the foregoing rates shall be f - adjusted to reflect the increase or decrease in the CPT for rte uunediately P nioiith period of Apnl to April Such upward adjustrner►ts shall be jamited to a rollnig rap of five percent( 96)ger annum Any CPI upward adjustments in excess of five percent (5%) in one (1) year will roll.forward cumulativeiy until a year when the CPI upward adjustment is under five percent The excess CPI upward adjustxrient that has rolled €orward will then be applied to the extent possle, not to exceed five percent (5 ) in any annual upward adjutment.` In no case shall the CPI based upward adj�xstment exted five ercent 5% an an ven ear } Theontractar shall notify the at in wmtin o£ancreases.that are based on the CPL as r g _ p ovaded uY this section prior to nn lernerltatian. Should the CPI be discontinued or substantially modified,then p r an alternate mdex`shall,be chosen and utilized,wrth a comparable rolling cap,by mutual agreement of the City and the Contractor. _Pue1 S -Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Adaninistradon of the US. Department of Energy ("EI XOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://torLto.eia.doe.gov/0ogrnfo/wohdp/dieseLasp . 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 1,2DD9 and every October 1 thereafter. After detean;ning the average price of diesel fuel from the aforesaid website ("EIA/OOE fuel cost") for the immediately preceding 12 month period of May to April the corresponding fuel cost modifier will be calculated pursuant to the 8 Regular Meeting May 6,2014; Item 9.A following table. Note that for adjusbnents not shown on the table, the calculation shall be extrapolated from those set forth. Waste Management- City of Defray Beach Fuel Surcharge Table 'FABLE FOR FUEL SURCHARGE CALCULATION Percent of w Percent of �vera 'e Fric Galion SUrchar e . Avers e'Price Gallon Surcharge 1.990 . to 2.139 _ -10.0% 4:246 to :". ''4.3$ 0.0 _ •.'r.t 0.0 o 2.289 -9Q% 3Jr 4 2.140 f 4.68 L.G� � .4J7 "'to,p7 T ! 2.g4a to "':2.589 -7.0¢r 0 4.83 2.59 t�0 2.739fi.0°1+fo ; 4.$4f1 tc� `:':Y. "4.9$ :<�.,0% 2,740 tiU :2.8$9 5.0°Ib 4.990 -to �5.1 �:e 2.0°! _. 2.890 6D 3.Q39 _4A% 5.140 "to ;5.28 r:3.0°f 3.040 to 3:189 '40% 5.290 to " `'5.439. `4.0% 3.190 to 3.339 2.0% X5.440 to 5:5$9 5.0°f° _ 3.340 to ;: 3.489 . -1.0% 5.590 to . ;:;5.739. X3.490:'-`'-°to O. S. to "' ;`5.$$9 7.0°ro Q° =3;64r} :`' tD'F ::.: " :T89 : ':.' QO.°fC 5.$90 ;.to `>6.03 8,.0% 3:939 :Qero °:6.Q40 to 6.1$ y�,x_9:0 0 f tf,Qol 6.190 to 6.33 4.Q90 to. : :':4:239.. 0.0% 6.340 http:/Itonto.eia.doe.gov/oog/info/wohdp/diesel.asp Weekly Retail On-Highway Diesel Prices Lower Mantic Baseline Price=$4.69/gallon, NLeftdology. Each of the calculations for CPI and Fuel are done separately and then added to the collection rates set forth in Exhibit I (residential and commmial). The CPI and Fuel adjustments are not compounded one upon the other but are calculated as set forth in the examples below. 9 Regular Meeting May 6,2014; Item 9.A Examples a Adstments The first adjustment for CPI which is effective October 1, 2009, is based on the percentage change fcT the months April, 2008 to April, 2009..For example,if the CPI were 210.90 in April 2008 and 221.32_in April.2009, the calculation would be as follows: 221.32--210.90=10.42 divided by 210.90 .049 or 4.90A.That percentage diange is applied to the rate from Exhibit I to,determ+*e#lie change due to the change in CPI. If the rate was$10.94, the ad' tinent for CPI would be$0.54 and the CPI k adpusted rate would be'$11:48($I0 94+`$0.54). The adjustment€or changes in fuel costs is calculated by going to the Department Of F ►ergy websxte and deteiavning the chaalge in cost for the Lower Atlantic area for the period in cesttan - x r -p. 10.2Q06 245.2 245.8 252.9 270.2 283 3 2844 ,-287 2 293.5 :;269 0 :247.8 246.5 253.9 . 2087 ..240.7 242.3 .261.5 279.3 . 274.4 276.3 . 280.9 2802 '29'0.4 301.4 333.6 330.9...'. .'. 2008 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 months is 319.9 cents or$3.199 per gallon. Referencing the Fuel Surcharge Calculation chart indicates a decrease of 2.0%. Accordingly, the calculation wrnild be$10.94(Contract Residential Base rate)x-2.0°Io or-$0.22. For the adjustment on 10-01-10, if the CPI percentage change were again 4.9% and fuel rose so that the average were$4.840 per gallon (requiring a 1%¢upward adjustment), the adjustments would be $36 for CP1 ($11.48 x 4.9'x) and $11 for fuel(Contract Residential Base Rate of$10.94 x 1%). 10 Regular Meeting May 6,2014; Item 9.A Putting the calculations together yields the following- 10/UPS _. 011120U9 10/l 47o CPI Calculation: Initial hate .`. $ 094 $10.94 X11,48 cp1 O.00..: as $0.56 4,9! 49/ t;PI Adiustetl Rate $10.94 $ 11.48 $12.04 CalcuIation CTI Adjusted Rate; $1a.94 $114$ .< Y Fuel Sur e* -$0.00 $0.22 $t}ai :r.o1 cPl and Fuel Adjusted Rate $30.94 $11.26 $12.15 *Fuel Surcharge percentage applied to Contract esident a1 Bass xate of$10 94 R 11 Regular Meeting May 6,2014; Item 9.A ! AtLlli]VDMENT NO.4 TO SOLID WASTF AND RC:t YCL1N{, COL.l_I:C EO I�IL.tN't'H1 1 .1{il l�1;�1L1b�'1),1'1'1?I) SEPTEMBER R 20.2 01 '("If15 M411ItiE)I LVT alp. 4 to tltc Solid V tistc an�I ft4��li.it C'utle tioll ' Frinchisi Atgreentent . clatcd: Scpten}hcr 20. 2001 is 111ade this elat° of 2(.110 by anti bewcen the. CIT4 Q! 1)1 L1� Y.,. 31 t1t"11 (!hc C itv) :;utcf WAsT1: .'�I:kINACi1:1411:1�"1 INC. tlfi l�L(lldll�.1'(".11�t4I1[�'f) WITN1;S51: 1"ll, Y W1-1EREAS. Ilse Franchise Ainenn.n#'dated Scptentc:r 20,2001 anti;t, lurlhci articttilccl !70stdcti lurt cn 11 the'C it) [the l WHEREAS, tlic Ft.titcltiac r'c�ai'ecntcnt tv�t, lr,tnsfcrrec! tioni.II�Iu 11 CIE : ,incl 1 1 I IEIItEWS. the parties desire to amend the A.Lrcentcitl to provic a for n cl irilic.ation ol°the NOW.I'll ERE_l-OR ., in consideration of the ct vell,ntts contained Iterein and t'or wher tuxul and valuable consideration. the receipt and sufficiency of Which is acknowledged. tllc parties agree as liiilows, I. '1 he: recitation.,; swt foreh'above are incurporated herein. 2. The C onlracl Administrator shill he the City IrTcinager or hisncer designee. The Contract Admini%tratur shall nican the perso-ii designated by the.City \ an-IIm %%11(i shall art a.% the C'itt''a represe:itlatiti'c during the term Agre4tttcatt. } 3. Contractor shrill not be allowed to charge any fee to the City or to am, resiticnii,tl or commercial ttlstattter unless such fec is set florth in City ordinance or in tits Franchise Agreement or Contractor has received written approval from the Vonvact f I ' Regular Meeting May 6,2014; Item 9.A rldministrattlr to char- such foe. I Cont r;it:ltir is charC,inglreinitting, I'cC, that nre lira ,liecitically ;et forth in City Ordinance. the franchise Agrccinent car where prior. n-rill,01 :tlslArwal has been given by tilt: C'lttitracl ildntitlislra[tlr. C'lnrtractue.shall inlnitdialef} ccasc chargirig:renlittilig Stich aces and s11:111 ''imilledialely itttliry ; the Cantr"W1 Atlntinistraitir in writing ul'.qucIt acticin.` 4. hl an ellbri to e(iut ni the 1lccurnev ol'Commercial rran hitic 1 eea reniNcid on a iuunthiy basis, tit NIll-will provide the l:ailtming: C'Hnniettial C u%tiitilir 1 r-an iiie lret Suttunary(t3llltn�;Rcc�ister 12clwrt] ()n .l ttltlntltlV Et tsti tilt t trt 'catlld rartdonlly at lt;rt I!j .tu 0 [Mill to i 11 «� x ( tlstamcr, `and tt:tlues till ddclatlecl rtlfornlattnn n=�ardini fht•st .16L6t11]tti rrc}nt r x n!ita stc. 111Cnrnlatlian ,litritld nicludt :rti�tutitt.r.' I1,1111C, ,LITiC� tddr N. (tuiilllter anti ,'t Net nallic shin b� I?ruvidrd in scparatu cells), t:owatner-LvPc fretluency of Dirk-up, Sivei:ti.ScrAtct lists (jr al tlic.riilt:), :�tllninisiratiAe I re t1f a�ipiiralilcl, ttu,il ittttitttlly I rtntlii,r I.CC caltl cd irum the'service Pro tdctl mitt) •:Atit,►I Hlemthly.I�il1�rl amount ca iltl lialn the sCrriec�11i1►itlt d �. W11111. shall Prttl'Idt: thls.tlel:illetl InlaClltalllfnl;Clcctl'Untt.llly.(i t., l?-A1a1l): In I:xct:l tarmac,to the City Air te.iting palllasca 'Ne C'ily may Ondlrct, ca�at11 Us needed E7(tSIS, .t`tCSI l't)ltyc ialidutitl) ,cictiicti CII,Itnl1t 11, 1A'1liell 111aV illcEuch li6d visits is cons irni [lie:iCCUm v v htanchi.tc I•t recriae�l. The de-finitiuil ul'R(41-nl'I cullectitin Service is .1nicill-wil.i% It.1110W.V. � knll-uf! rnlle ttiun ,tl t i�t �Italll i11tiu mt In fllr Callt.t.trall 61 I . 8011d AA,l,1�_111 rtlll .r11 rtiiitp��t�nr .wc�llci ;ttytc rronr NUM:ln�itt a a'r7-Itl�t 'raf 3=tit�I' m»>�,t ill tr;:. �3) liorticulittral "()I- agricullartl wasles at horticultural or agricultural titirseries, :liar (111 IV -when (ile'i;usttulicr tliva,t, to use tiltett top roll-off Cnitiailicrs liar 'hnrticilllul.tl "ilr as ricuittlral,waste. and hurticultur,tl and :1LIHCLI-hural Avaste shall lull include ally when tyro: Or wastc, including, Bill nits lituited to, special waste. yarhHgtr ur rec:ychiblr inateri a ls. I b. C'lariii<atiun regarding the raving clamshell truck - 1 The additional clamalidl truck and driver service us.signed tct (:title l:nl'tlrceinent shall pick up vegetative w.t_slc or hulk trash that is placed ncl{acent In the 11,1VCnaent tir lraVel W!1)' or the SIrec(/alley as diret;Ied by t11C City. For collections from rus idential propct•ties the flee fttr tho collcci4m, as set rorth in City ordinatit;e, shall be hiIled and rciained by the City. Collection refs t}rain commercial properties (associalud with cttdc enittfCl'lltellt artivilics) shall ht• billc(I by (lie City and rcliflitcd ttl the t;tlntracidr. Tire clatimbell truck shall not lie used 11or any non etit-lr clllbrectilL it C011111lCrcial C011cctitFrt sel'A IV C. 2 Regular Meeting May 6,2014; Item 9.A �. Sidewalk C'c,ntaincrs - the Co.11tractor sliall rt)lict:t grid ►fisptj4c of tllc ►va,tt 1roni [h4 City sidewalk ce7111aintrs oil a .weekly basis and shall be paid [lie annual anwunt that .is sat lurth in City ardinaitce on a prorated nionthly bash, (in urrcars). H obit I to the Frarichise r'lt;rr_�cnicnl is at�ic�icl4cl ati t'tstlO s: HA'T'ES DETERMINED BY THE CITY Is- RF AD US`CEI] n: Tier • 'I7RlI Mt?NTHLY CQN TAI NERBE-- _MAINTENANCE RATES SILK ---- I i, ;�; �1 $1,9.70 ' ' YL? I - q 19 -F0� $?1 YD - -- k32.7h 95 G XL . 'I' _- -- - -- t�Q- -------- - 3 Regular Meeting May 6,2014; Item 9.A 7UVITS DE i'L•iWINLI)BYTHE CITY ([�Or-1-0 BF ADJUSIED DURING ff;ItrVI) SPECIAL SrRVICI<S LIVLCC I�.11C per&iS1CL IZt1Ililig Olt G-)1111)vwiaVjijjLi-(ajjjl1y95 g;111Ct;t I. SI Co(no chi%v or ctultnwiv al k-z th-tn I 64 t 1 at 11t.11 k•r(10 czr ttkrlt•Icct) Iic�N,it chit G)11tantcr(mid mttlruing it to 6dei1tal �a1 7"v 1t,c it kN1} � N :- k A 'r t�k�ninl,(an�I ck1.•t�ltfi)I?uu1�cirCatce' F �,� � Sri G11,tt�t R - � � _ - Iarcki Iur{eorttani rs { tule felt iicpl.le'eltt�ittt Ixu�cl Ian►u,l + I !1 t ?I �r11�1i:kith�Ht1111tt n 1 7 t 511pEthitt (tml n trt,fa I g)kn:ltwK nktilt tnistlt nn . rr 311tair r Ih Cjlult f add ikMitcis word iging'wheyk Oil Cv11tant�ca ' x� ! Nu Ows—c ! t rltiAE,,Luis trs ar clrsn;iu},]ttls tin Chat i11c1 s � `. Alining GinUlilki-Lr,raticia Pur CaN[f111Wf I3ciltk'Xl !- • .- I (11,n1Iting Oxt Sk"es(.1how mitt•I1c•t•year) I Atftlition-al S«:l odul.•c]lti<k-ulxs for 1L sklendal Sane as Appkible{limn•)-ial C;trllc•C6111 Ritt's I Grlltaitulr�t`cl{.lritrnitCCti (I\n I3ulx>+al i�ral�;rs} I 1 :ldditinrttl L4lsrlktlalyd�n�tt irtrluclitil;"ut1•a:,tll"?�. i•� .i lines rtttlrL�rlpplitaltic-•Cauunk•rc�il Itatrs Pick-up%ftirGiiswi n'ial and Iiesi,fou41 (;w INspt,sal Charges for hcsitic•ntial {isulaitklirccI C'.n51r1ntcrn � r � � 1 I sik- ial see itv or slu-c•i l equipilIcill tr,laii ed ')'!y)r fits)t.aKs cltair};c ttut:�;111•I)t�tt)tltt•Clk`.�tut�arr 4 Regular Meeting May 6,2014; Item 9.A a 9. WMlF agrees ant[accepts the unit counts as of April 1, 2610 as rollows AGAR 15.080, BGAR . 1425. CGAR-2638, DGAR-14,6{)1. As cal'the August 2010 billing, both parties agree that one hundred ninety one (191 ) units (Villa D'Este) will b moved front DGAR to AGAR. WMIF also agrees that the City may change these counts-in the future:, bused upon the constnlction or destruction of units alld./ter upon a customer's request to t hangs the levelltype of service WIVIIh agrecs to pay to the On, + + lrilount of. 2,0 (�viihtli 20 dns of lhc. exe:iutton of'Sltts Am�ndmt.nt) the satisractioti ortht iss6cs set rorth pi tI}c. City', residential solid waste proLrain analysis than was completed tin July ,5t 20I0 The parties aigrec that the is.,tte, taisea Ill,lilt! r`sidciiiiat and conuncre sal ,;reports tssuezi by :the City And t d tU` thy` Clty t'nmciiis,ion U the July 11, 2010 ;colnli i kioti meeting.titi ill have been rull� aatt.tit d r once the aniotint stated above Izas been 'jiaid to tlte'City and that neither party:~hall have any right to make a claim related to any overbilling. underpayment Or Milling error issue that nuty have occurred prior to April 1, 2010, against the other party, arising out or the So id Waste Cot[cc doil Fro lichise Agreement. 10. All franchise fee payments made front the contractor to the City shall be paid in arrears beginning in the month of October, 2010 and cacti month Ilicreafter. 11. This Arnondment No. 4 together with the original A.grecnTt:nt anti tiny written amendments hcrcto, constitute the entire Agrectn-ent between the parties relating ' to the subject matter hereof. It is the final expression of agrecinc al between I-lie parties, r thus, neither pa17y shall be entitled to rely upon any conflicting vial representations. t assuranees, claims or disclaimers, made either prior to or siniullancous whit the execution of this Amundtment. 12. Except as expressly modified in writing herein ar as modified by ! 5 Regular Meeting May 6,2014; Item 9.A A I 1 • subseyuenE wrillcn Wilendjttcnts, 1111 01her terum and conditiun4 (If' Iltc Original Agivement and any anienehtwats thereto survive !iris Amendfn nl and pre decked In hu incarpuriled herein and area hindint, on dw partic . : IN WITNESS IVII .ltHOF. the Parties have exccuted this Anicndntcnt lu the Solid bl'a�ie and Recycling, Collection franchise Agrccnwnt Oil the day and year lina ltc rin jtz��r� �ti'rt.[tCI A I'I'I ti 1 [ ITl of- Dr-LR AY BUA( 11 1 ()ill)A Iii: ['lerk vVQyq, Nelson S. h1IcUuGlie m. x1r I rllzl roe cal -is to le at raritt ' anal sufEt�i�ne�A ty Attorney 11'f'1' I.S51?S. 1�'r1�Tl: M.�Li<lA(ililbIIEN ' INC. OF FLURIDA - i (name Itrin[s.d trr typed) _= e i {C'ur�or,lte Swal) (nnjtte prin-ted or typed) --rATI-: OF f erg_ E COUNTY of 'au3f4+''c The roreszoing in4truntenl n•ay .aaCknowledged berpre the thi:` _ � day n!' 2010 bi• tt._ f trattt4 eat' oft-leen-ir a.ecnt, title of officer or agent), of Waste: Management Inc. or Florida, a Florida corporation, on behall'of the cuMurmium I letShe is personazlly known to jile or Ija4 produe:eel _ (type 01'lila;ltllllef!liUll) as Q�}nw6' fle:allM —!6c tars• Public, Slate of fAltiidda at 1.trgo „i1.tipEftantfc"uR _ __ _ __ 1j7t7 Y eF35�5. 3,3j Name TypGil, P-rinte:d or Stanilied V -- - Ilia �S,.GID 6 Regular Meeting May 6,2014; Item 9.A ND.c EXHLBIT '�;F,. , . a Regular Meeting May 6,2014; Item 9.A EXHIBIT"2" APPROVED RATE SCHEDULE (Rates are Monthly unless otherwise indicated) RESIDENTIAL SERVICE (A) Residential Service (Single Family Homes,' Duplexes, Triplexes, Quadplexes and Mobile Homes): Curbside Roil-out Carts .::Monthly Service Cost Pet Unit.. Garbage Collection $G 61 Recycling $2,68 _ Yazd Trasb $2,68 :?` -- Total Fees-=Contractor $11.97 Cart Replacetnemt 00 -;, Administrative Fee ` 35 Franchise Fee.(5/o) 0.60 Less C&D Credit -0.20 Total Fees $12.72 Rear--Door Owner Container Monthly Service Cost Per Unit Garbage Collection $17.38 Recycling $2.68 Yard Trash $2.68 Total.Fees—Contractor $22.74 Administrative Fee 0.35 Franchise Fee(5%) $1.14 11 Regular Meeting May 6,2014; Item 9.A Less C&D Credit -0.20 Total Fees $24.03 Cutbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage Collection $4.47 Recyc ling `' $2.68 Yard Trash $2.68 Total Fees Contractor $9.83 Admisustrative Fee 35 Franchise Fee(5%0) $0.49 Less C&I]Credit - 0. ,. � . . . .... 20 Total Fees $10-47, (13) Multi-Family Service Multiple-family dwelling units containing five (5) units or more shall use containers emptied by mechanical means, except as otherwise approved by the City because of lack of suitable space for a mechanical container or other goad reason.Multiple-family monthly fees shall be based on a per-unit charge.These monthly rates assume two (2)pickups per week If the amount of refuse generated requites more than two (2) pickups per week,then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using ton out carts located within enclosures for multi-family collection service,in addition to the monthly total fee (Erased on the number of units) paid to the City, the Contractor is permitted to charge a roll-out rate that shall be the same as rollout cart service for commercial customers listed in Exhibit 1, Special Services, of the franchise agreement. If the Contractor furnishes the roll-out carts, as approved by the City, then a monthly fee of $1.00 per cart may be charged by the Contractor directly to the customer. 12 Regular Meeting May 6,2014; Item 9.A Collection&Hauling Rate Per Unit Monthly Montblq Service-. Cost Per Unit Refuse Collection $3.33 : Recycling $2.68 To Per Unit Fee--Contractor 3 $6 01 Aic u strative Fee i 0.3 5 Franchise Fee(5%) $fl 30 V Less C&D Credit" -0:10 $6 Total Monthly Fees Per Unit 56 ,COMMERCIAL SERVICE (C) Cott netcial Service (1) Commercial customers shall use mechanical containers 'or rollout carts. . Commercial customers shall include all customers other .than residential or`multi-family customers. Commercial customers may use any of the following containers for accumulation of refuse: (a) Rollout Carts. The City shall require any commercial customer needing more than six(6) rollout carts to use mechanical containers,if feasible_ (b) Mechanical Containers. (2) The owners/operators of commercial establishments and other commercial customers shall. accumulate such refuse in those locations mutually agreed upon by the owner/operator and the City or its contractor,and which are convenient for collection by the City or its contractor. (3) Mechanical containers emptied by mechanical means shall be provided by the contractor. These containers shall be emptied on a schedule mutually agreed upon by the customer and the City or its contractor,but not les s than one day a week nor more than s even days a week. 13 Regular Meeting May 6,2014; Item 9.A (4) Commercial customers needing six(6) or less rollout carts,and those approved for this type of service by the City in advance because they lack a suitable location for a mechanical container, shall be serviced at least once per week.All garbage and commercial trash shall be collected from such refuse containers at locations agreed to between 'the City or"its contractor and the customer.The charge shall be based upon the following schedule: Commercial Rates (Monthly) Container Size Container Pickup Frequency(Per Week) , -,. 4 5 6 7 2 3 2 Yard F . Collection `�50 93 00 139.50 186 00 232.50 279.00 325 50 Disposal 24.35 48.70 73.05 97.40 121.75 146.10 170.45 Container = Maintenance 19.40 " 19.40 "' 19.40 °" 19.40 19:40 ` " a'< 19.40 19 40';" ,�` Fee Total5 Contractor 90.25 161.10 231.95 302.80 .. 373.65 444.50 515.35 Fees Franchise Fee 9.03 ' 1611 23.20 30.28 37.3 44.4 5 5154 Administrative 35 .35 .35 .35 .35 35.;.. .35 Fee a _ Total Fees 99.63 177.56 255.50 333.43 < 411.37 489.30 567.24 3 Yard Collecti 69.76 139.52 209.28 279.04 348.80 418.56 88.32 on Disposal 3653 73.06 109.59 146.12 182.65 219.18 " 255.71 Container Maintenance 21.44 21.44 21.44 21.44 21.44 21.44 21.44 Fee Total Contractor 127.73 234.02 340.31 446.60 552.89 659.18 765.47 Fees Franchise Fee 12.77 23.40 34.03 44.66 55.29 65.92 76.55 (10%� 14 Regular Meeting May 6,2014; Item 9.A Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fees 140.85 257.77 374.69 491.61 608.53 725.45 842.37 4 Yard Collmd .. 93.01 186-OZ 279.03 372.04 465.05 558.06 651.07 on Disposal 48.71 97.41 146.12 194.83 243,53 ,2i 292.24 340.95 -O Container - Maintenance 22.21` 22.21 " 22.21 22.2l 22.21 " 22.21 22.21 Fee Total ;> Contractor 163.93 " 305.64 447.36 :. 589.08 730.79 872.51 1014.23 Fees = r• Franchise Fees (10%} 16.39 30.56 c 44.74 - 58.91 73 08 87 25 10142 Admlr istratme 35 .35 .35 35 35 :; 35 Fee r Total Fees 180.67 336.55, 494.45 G4$34 f`, .. 804.22 960.11 1116.00 G - Yard_CoIlecti 139.51 279.02-.i 18.53 558.04 97.55 37.05 75.57 on Disposal 73.06 146.12 219.18 292.24 365.30 438.36 511.42 Container Maintenance 25.53 25.53 25.53 25.53 25.53 25.53 25.53 Fee Total .. . Contractor 238.10 450.67 663.24 875.81 1088.38 1300.95 1513.52 Fees Franchise Fee 23.81 45.07 66.32 87.58 108.84 130.10 151.35 (10%) Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 262.26 496.09 729.91 963.74 1197.57 1431.40 1665M 15 Regular Meeting May 6,2014; Item 9.A 8 Yard Collecti 186.02 72.04 558.06 744.08 930.10 1116.12 1302.14 on Disposal 97.41 194.83. " 292.24 389.65 487.07 584.48 681.89 Container Maintenance 27.09 27.09 27.09 27.09 27.09 27.09 27.09 Fee Total Contractor 310 52 7. 593.96 877 39 1160 82 r 1444 26 <- 1727.69 .2011.12 Fees - Franchise Fee - 3105 59.40 .87.-74 1 i 6 08 144.43 172 77 201.11 {100 e t F s l•: Y Administrative 35 35 35 F.. Fee 35 35 35 35 Total Fees.. .r;: 341.92 f�- ` 653.71 965.48 ..0 1277 25 ,,-, 1589.04 - 1900.81 ..: 2212.58 CoiPame.tcial Fro,nt-Load Compacting Containers ';' . Container ue ex Size Pickup Freq ocp"(P Week} 1 2 3 4 5 6 : 7 2 Yard 58.11 116.22 . 174.33 232.44 290.55 348.66 406.77 Collection Disposal 73.06 146.12 219.18 ? 292.24 ':y..; 365.30 ,a,; 438.36 511.42 z,; Total 131.17 262.34 393.51 '< 524.68 655.85 787.02 918.19 Contractor Fee Franchise Fee 13.12 26.23 39.35 52.47 65.59 78.70 ".' 91.82 Adtninsstrative ,35 .35 .35 .35 .35 35 35 Fee Total Fee 144.64 288.92 433.21 577.50 721.79 " 866.07 1010.36 3 Yard 87.16 174.32 261.48 3488.64 435.80 522.96 610.12 Collection 2i osal 109.59 219.18 328.77 438.36 547.95 657.54 767.13 Total 196.75 393.50 590.25 787.00 983.75 1180.50 1377.25 Contractor Fee Franchise Fee 19.68 39.35 59.03 78.70 98.38 118.05 137.73 10°/a Administmtive .35 .35 .35 ' .35 .35 .35 .35 Fee Total Fee 216.78 433.20 649.63 866.05 1082.48 1298.90 1515.33 16 Regular Meeting May 6,2014; Item 9.A 4 Yard ' 116.22 232.44 348.66 464.88 581.10 69732 81354 Collection Dis oral 146.12 292.24 438.36 584.48 730.60 876.72 1022.84 Total` 262.34 524.68 787.02 1049.36 1311.70 1574.04 1836.38 : Contractor Fee Franchise Fee 26.23 52.47 78.70 104.94 131.17 157.40 183.64 10% _ Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 288.92 :.. . 577.50 866.07 1154.65 1443.22 1731.79 2020.37 6 Yard 174.33 1` 343.66 522.99 +: 697.32 87165 1045.98 1220.31 Collection Disposal `' 219.18 438.36 657.54 876.72 1095.90 "` 1315.08 ` : 1534.26 Total 343.51 787.02 1180.53 1574.04 1967 55 23fi1.06 2754 57 y Contractor Fee Franchise Fee :: 39.35 78.74 118.45 157.40 196.76 236.11 275.46 10°l0 Administrative 35 35 .35 35 35 35 - 35 Fee - Total Fee 433.21 866.07 1298.93 1731.79 2164.66 2597.52 3030.38 8 Yard 232.43 464.85 697.29 929 72 116215 1394.58 1627.01 Collection : Disposal 292.24 584.48 876.72 1168.96 1461.20 >` 1753.44 2045.68 Total 524.67 1949.34 1574.01 2098.68 „ 2623.35 3148.02 3672.69 Contractor:Fee Franchise Fee 52.47 104.93 157.40 2.09.87 262.34 . 314.80 367.27 Administrative .35 .35 .35 .35 .35 .35 35 Fee Total Fee 577.49 1154.62 1731,76 12308.90 2886.04 3463.17 4040.31 Commercial/Multi-Family R.olloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top toll-off container: Two hundred forty-one dollars and forty-one cents $241.41 (Includes franchise fee for haul excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee Compactors:Two hundred forty-one dollars and forty-one cents $241.41 (Includes franchise fee for haul exdudes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee 17 Regular Meeting May 6,2014; Item 9.A PLUS monthly container maintenance fee 15 Yard $250.00 20 Yard $295.00 30 Yard $345.00 40 Yard $395.00 Excludes commercial recycling containers and construction/demolition debzis. Commercial 95 Gallon Can Service(Does not apply to residential service) Pickups Per Week 3 4 5 6 Collection ? 26.83 53.66 t 80.49 ;.107.32 ? 134.25 16098 Disposal 6.08 12.16 18.24 .`. 24.32 30.40 36.48 Container'Maintenance Fee 2.00 2.00 2.00 2.00 '` 2.00 2.00 Total Coi'tra,torAFees 34,91 67.82 100.73" 133.64 166.55 199.46 Franchise Fee(10 0) 3.49 '' 6.78 10.07 13.36 16.66 19.95 Administrative Fee 0.35 0.35 0.35 0.35 035 0.35 Total Fees 38.75 74.95 111.15 147.35 183.56 219.76 NOTE: The foregoing rates are based on forty-two dollars ($42.00)per ton($2.81 per cubic yard), which is the anticipated Solid Waste Authority tipping fee to be effective October 1,2013. NOTE: Government buildings shall be charged the regular commercial customer sate,but shall not he charged for disposal fees, where the Contractor receives the appropriate disposal credits from SWA. The Contractor shall be allowed to charge the Special Services rates,as set forth in Exhibit I of the Franchise Agreement,if the Contractor performs any of the services listed on the special services exhibit The City's franchise fee shall be applied to these rates. 18 Regular Meeting May 6,2014; Item 9.A EXHIBIT«333 DELRAY BEACH BUS SHELTER LOCATIONS DAY' COMMSAvam 4 1 =10 r Almmm M Atlst�lc.Avegm' I 'T Lf� zin Ae1 A ?> S�V Avg "trrr May f A� AEA Dd S.lahm iYil F WA Ic lox ° IS ve Sl. cA '' :. o A Jci' 1 meet 17 b '10 Sitijif.7 20 N'w � o Mir sm A� Tie da 21 �a 10 Az '=fl AVM Wd 3 Fees HWY. x .' 1s T 1 jiTPaa 0M sthAli. T Dry; We's Wwncub.- 27 Sdi B PlamEnt . ' ; alnesday 2 - '{ r i;RA A� Sfal rsua d f:arest f3tlye 'l sti •30 . WesA0 A.vouss StF3a Ih�a 't'ussda 3I Wwtg AtImWa Awwo Tomsda - .. 32 Pa& . 'Best 33 Cmwm Avemw T 34* ANA= sw W Stream 5 Sow, _ �"raii Y►��3� �rlc4� + �H S.I. Int=s:14s Dir€v* T=h .. 37 eII v t 1 .t .. mud W 38 ass Aveak`FS :h 39- F AH 31 1'rfssMDoukviird 40 Nc Sts#oa Av NB 41 Aute=Avmn Avt ►aPdw 19 Regular Meeting May 6,2014; Item 9.A Al 44 SW 10'Avefm Bojakyad :sw lop Me= aL�i ,�r� :::; TWE mss : '# Axalnwu jTe&w& • :< 919U*.Sviintw Avg ' _ {a Ads ATO A A. tkn&Aw Idea Rd@b - A. 56 did mum&ltd 0.V` Si k+ &1W,iy # ► -62 Li"=Alva. Ufta 6 , .- 9 r AT SR-5 Nduld F?jdsrd Hwy TwWo E1vd - .?�'�t� Ott 1 2645 W OW CM-30 20 Regular Meeting May 6,2014; Item 9.A Coversheet Page 1 of 2 • MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Interim City Attorney DATE: April 25, 2014 SUBJECT: AGENDA ITEM 9.A.-REGULAR COMMISSION MEETING OF MAY 6,2014 RESOLUTION NO.23-14: INTERIM SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT BACKGROUND Waste Management has provided solid waste services, vegetative waste and recycling collection services to the City (the "Services") pursuant to a Franchise Agreement with the City dated September 20, 2001, which has been amended five (5) times (copies of the original agreement and all five amendments are attached and hereby incorporated into this Agreement, and are collectively referred to as the "Franchise Agreement"). A dispute arose between the City and Waste Management regarding the validity of Amendment No. 5 to the Franchise Agreement, which purported to extend the Franchise Agreement for an additional eight (8)years through September 20, 2021 ("Amendment No. 5"). The City filed a declaratory action in Palm Beach County Circuit Court to seek a judicial determination as to the validity of Amendment No. 5 (Case No. 502013CAO11392, the "Litigation"). On March 28, 2014, the Honorable Judge Meenu Sasser issued an Order granting the City's Motion for Summary Judgment declaring that the eight (8) year extension of the Franchise Agreement was void because it violated the City's procurement code (the "Court Order"). The City and Waste Management desire to enter into this Agreement to provide for the uninterrupted continuation of Services to City residents while the City engages in a competitive solicitation for garbage,recycling and related collection services in accordance with the City's Purchasing Code. Legal Review: This item complies with Section 36.02(C)(11), "Best Interest Acquisition" of the City's Code of Ordinances. The City Attorney's office recommends approval subject to a four-fifths (4/5) vote of the City Commission via approval of Resolution 23-14. Finance Department Review: Finance recommends approval. Netting the increased operating costs in the Interim Services Agreement against the attorneys' fees reimbursement will result in an approximate $ 100,000 benefit compared to the FY 2014 mid-year forecast for the Sanitation Fund. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=7870&MeetingID=503 12/8/2014 Coversheet Page 2 of 2 Discussion: The Interim Service Agreement, if approved by a four-fifths (4/5) vote will provide for continued garbage collection services until October 31, 2014 with up to a maximum of three (3), one (1) month extensions to allow the City the opportunity to engage in a competitive solicitation process for garbage collection services. Timing of the Request: This item is extremely time sensitive and must be processed immediately in order to ensure continuity of garbage collection services. RECOMMWNDATION The City Attorney's office recommends approval. http://itwebapp/Agendalntranct/Bluesheet.aspx?ItemlD=7870&MeetingID=503 12/8/2014